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JANUARY 3, 1983 MINUTES Cit@<Df -Vi@Wi@iet "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUIS R. JONES, B.y,id@ B.,@.gh VICE-MAYOR BARBARA M. HENLEY. P@@g. B@,..gh 10liN A. BA UM, BI.,k..t@, B.,..gb NANCY A. CREECH, A, L.,V IIAROLD IIEISCIIOBER, At L..,g@ H. JACK JENNINGS, JR., Ly@,,b..@. B...gb ROBERT G. JONES, A, I,.,g@ W. It. KITCIIIN, til, Vigi@... B@.@b REBA S. @1,CLANAll, A@@@ B.,..gh 1. HENRY @1,COY, JR., K@.p@,ill@ B@,..gh 212 CITY HALL BUILDTNG MEYERA E. OBERNDORF, At L.,g, I MU,VICIPAL CENTER VIRGI.IiIA BEACH, VIRGINTA 23456 RUTH HODGES SMITH, CMC. Cily Cl-,k (804) 427-4303 CITY COUNCIL AGENDA January 3, 1983 ITEM I INFORMAL SESSION: 12:30 p.M. A. CALL TO ORDER - Mayor Louis R. Tones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS: 1. Discussion Regarding Cox Cable's Decision to Realign Chann@l Options: Mr. Roger Pierce, Cox Cable Tidewater. 2. Revenue and Expenditures Report Throuqh November 30, 1982; Discussion. 3. Review of Consent Agenda. ITEM II FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend J. E. Foster, Jr. Thalia Lynn Presbyterian Church 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 December 20, 1982. E. PROCLAMATION 1. city of virginia Beach: 1963-1983 -- 20th Anniversary F. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. 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 establishing a policy for the procurement ng services of professional architectural and engineeri by the city of virginia Beach, Virginia. 2. Resolution authorizing the replacement of an existing structure with a 12' x 70' free-standing mobile home at 5548 Buzzard Neck Road in the Pungo Borough. 3. Ordinance to authorize the purchase of a new trolley, transfer the security lien from the damaged unit to the replacement unit, and transfer funds of $5,034 from the General Fund Reserve for Contingencies towards the purchase of a new trolley. 4. Ordinance to transfer funds of $5,000 from the General Fund Reserve for Contingencies as a contribution to the Committee for Intergoverrunental Tax Equity (CITE). 5. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Holly Avenue to Mr. Martin Schara, his heirs, assigns and successors in title. 6. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Chesapeake Bay Drive to Dr. Jerry Shulman, his heirs, assigns and successors in interest. 7. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Lake James Drive and Indian River Road to the Lake James Homes Association. ITEM II F. CONSENT AGENDA (cont'd) 8. Bingo/Raffle Permits (.cont'd): Virginia Beach Skating Club Bingo/Raffle Plaza Little League, Inc. Bingo/Raffle Aragona-Pembroke Little League Bingo/Raffle G. PLANNING ITEMS 1. Application of Lisa C. Pascarosa for a change of zoning from R-6 Residential District to 0--1 Office District on a 7,740.78- square foot parcel located along the north side of Boyd Road, west of South Plaza Trail (,Lynnhaven Boroughl. Letter from the City Manager transmits the reco=nendation of the Planning Coinmission for approval. 2. Application of The Bailey Wick Company, A Virginia General Partnership, for a change of zoning from A-2 Apartment District to A-3 Apartment District on a 1.138-acre pa-rcel located along th@so@th side of Old Virginia Beach Boulevard, east of West Lane (Lynnhaven Borough). Letter from the City Manager transmits the recoi=endation of the Planning Commission for denial. 3. Application of Cavalier Properties/Hilltop, a Limited Partnership, for a change of zoning from B-2 Coununity-B.Usiness District to A-2 Apartment District on an 11.6-acre parcel located along h@e west side of First Colonial Road, south of Wolfsnare Road (Lynnhaven Borough). Letter from the City Manager transmits the -recot=endation of the Planning Commission for approval. 4. Application of OGM Retirement Facilities for a conditional use permit for a home for the aged on an 1-1.6-acre pa-rcel located along the west side of First Colonial Road, south of Wolfsnare Road (Iynnhaven Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for app-roval. 5. Application of the City of Virginia Beach, Department of General Services, for a conditional use permit for a sanitarium (non- niedical Environmental Alcohol Detoxification Center) on a 7,500-square foot parcel (.172 acre) located along the south side of 18th Street, east of Pacific Avenue (.Vi-rginia Beach Borough). This item was expedited on November 8, 1982. Letter from the City Manager transmits the reco@ndation of the Planning Commission to allow withdrawal of the application. ITEM II F. CONSENT AGENDA (Cont'd) B. Bingo/Raffle Permits, Hampton Roads Youth Hockey Association Bingo/Raffle Star of the Sea School Bingo Chesapeake Bay Skating Club Bingo/Raffle Kehillat Bet Hamidrash Synagogue Bingo/Raffle Aragona Community Recreation Center Bingo/Raffle Diamond Springs Gardenwood Park Civic League Bingo Gymstrada Team Parents' Association Bingo/Raffle Loyal Order of Moose - Aragona Village Lodge #1198 Binao/Raffle Princess Anne Band Parents (Marching Cavaliers) Bingo Green Run Marching Stallions Bingo/Raffle 9. Request of the City Treasurer for tax refunds in the atnount of $1,564.87. G. ORDINANCE 1. Ordinance to amend Sections 2-214 through 2-220 of the Code of the City of Virginia Beach, and to bring the City into mandatory compliance with the 1982 Virginia Public Procurement Act. (This item was deferred until today on December 20, 1982.) City Manager recommends approval. H. APPOINTMENTS 1. Community Corrections Resource Board 2. Old Incinerator Site Committee I. UNFINISHED BUSINESS J. NEW BUSINESS 1. Drainage Ditch - Wildflower Court ITEM II K. RECESS FOR EVALUATIOM OF COUNCIL APVOINTEES 1. Motion to Recess into Executive Session. L. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 3, 1983 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, January 3, 1983, at Twelve-Thirty in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Harold Heischober, and W. H. Kitchin, III - 2 - ITEM #19271 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to the exemptions from opening meetings allowed by 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. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 9 - 0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, III - 3 - M A T T E R S B Y T H E M A Y 0 R HAPPY NEW YEAR ITEM #191.72 Mayor Jones wished all Members of Council, Council Appointees, Staff and Citizens a very Happy New Year. C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S COX CABLE ITEM #19273 The City Manager advised he asked Mr. Robert M. Pierce, Mid-East Regional Manager for Cox Cable, to make a presentation to Council concerning the removal of Stations WTTG Washington, D.C., and WGN Chicago, Illinois, with two new satellite services, Cable Health Network and Nashville Network. Mr. Pierce advised that last year the Motion Picture Association of America, supported by other owners of copyrighted material, proposed a hike in royalty fees charged to cable systems for carrying certain distant stations. As a result, the Federal Government's Copyright Royalty Tribunal issued new rules which have increased royalty fees cable companies must pay by as much as 1,500%, effective January 1, 1983. Mr. Pierce advised Cox Cable will delay changing the lineup and take the additional ten (10) weeks (March 15, 1983) to take public opinion surveys as well as showing the public and City Councils what options and services are available to the citizens. MEMORANDUMS TO COUNCIL ITEtt #19274 The City Manager advised Council of two (2) memoranda presented for their information: To the City Manager from Charles K. Davis, Department of General Services regarding the Council Chambers Sound System. To the City Manager from Michael J. Barrett concerning Cablecasting of City Council Meetings. -4 - REVENUE AND EXPENDITURES REPORT THROUGH NOVEMBER 30, 1982 IiE@l #19275 The City Manager advised he asked Mr. Giles G. Dodd, Assistant to the City Manager/Finance, to make a presentation to Council concerning the City's Revenues and E,,penditures through November 30, 1982. Mr. Dodd advised that revenues in the General Fund, excluding general property taxes, through November 30, 1982, amounted to $36,307,493 or 34.2% of the total estimated for the year. This compares with 33.7% of annual revenues reported through November 30, 1981, and 29.6% through November 30, 1980. The amount shown as General Property Taxes is the current net levy due December 5, 1982, as well as delinquent collections and adjustments on prior year's levies. The December report will also present the collections through December 31, 1982, on the current net levy. In the "Other Local Taxes" category, the Finance Department prepared Exhibit A-1 which shows each major revenue source within this category. Thorough November 30, 1982, it still appears that taxes on cigarettes and hotel rooms are running below estimates. However, other local taxes in the aggregate appear to be in line with the total estimated for the year. In the "From the Commonwealth" category, Exhibit A-2 has been prepared which shows each source if receipts are estimated in excess of $1-Million and a combined "other" amount for all other Commonwealth sources. In the aggregate, this category appears to be in line with the total estimated for the year. Exhibit A-2 shows that revenue from ABC Profits through November 30, 1982, amounted to $452,498 which is 41.1% of the annual estimate. This percentage compares with 26.1% collected for the similiar period in FY 1982 and 26.0% in FY 1981. The percentage for FY 1983 is misleading, however, since the City has received two quarterly distributions through November 30, 1982, whereas only one had been received through November 30 in FY 1982 and FY 1983. Also, the ABC Board has changed the method of distributing this revenue and the City shall not be able to determine how the City collections are progressing until the end of the year. Sources for road maintenance and state share of sales taxes are somewhat below expectations. Expenditures and encumbrances tbrough November 30, 1982, continue to be incurred at a rate less than FY 1982 and FY 1981. The $53,264,588 shown is 28.3% of tbe total appropriated for the year. This compares with expenditures incurred for the similiar per iod in FY 1982 of 35 .3% of to tal and 37. 1 % in FY 198 1 . Excluding the transfer from the General Fund, revenues in the School Operating Fund through November 30, 1982, amounted to $21,201,864 or 40.4% of the total estimated for the year. This compares to revenues of 37.5% reported through a similiar period in FY 1982 and 36.5% in FY 1981. Therefore, when trans- fers from the General Fund are made, total revenues should be somewhat better than anticipated. -5 - Expenditures and encumbrances through November 30, 1982, totaled $35,229,401 or 30.6% of the total appropriated for the year. it appears to be in line with expectations as 30.6% of total has been expended through the comparable period in FY 1982 and 31.9% in FY 1981. Revenues in the Water and Sewer Enterprise Fund through November 30, 1982, amounted to $9,305,288 or 37.1% of the annual estimate. Through November of FY 1982, 32.5% was reported whereas 30.9% was reported in FY 1981. The additional funds in FY 1983 are in "Use of Money and Property" (Tnterest Earned), service charged and water and sewer main extensions and line fees. Expenditures and encumbrances through November 30, 1982, totaled $11,122,031 or 41.6% of the total appropriated for the year. Tbis compares with 35.7% in FY 1982 and 38.6% in FY 1981. It should be noted that the total budget amount of $26,741,467 shown in FY 1983 does not include depreciation charges; whereas, actual totals for FY 1982 and FY 1981 include depreciation. Depreciation in FY 1982 amounted to $3,399,075. If this amount was deleted from the FY 1982 total expenditure figure of $24,972,812, then the percentage expended through November for that year would be 41.4%. The FY 1983 percentage of 41.6% compares favorably with this. REVIEW OF CONSENT AGENDA ITEM #19276 Councilwoman McClanan advised it was her understanding, as a matter of clarification with the Procurement Ordinance, there is no City Policy concerning the areas of Accounting, etc., within the City of Virginia Beacb. - 6 - DRAINAGE DITCH ITEM #19277 Councilman Jennings requested information concerning the progress of the Drainage Ditch Studies. The City Manager advised this matter was being researched by his Staff as to available equipment for a maintenance program. it was requested by Council a BRIEFING SESSION be held on this matter in February of 1983. City Council recessed into the EXECUTIVE SESSTON, (1:47 p.m.) - 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 3 January 1983 2:30 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Harold Heiscbober, and W. H. Kitchin, III INVOCATION:* Reverend J. E. Foster, Jr. Thalia Lynn Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA *Agenda stated Thalia Lynn Presbyterian Church -8 - M I N U T E S ITEM 11-D.1 ITEM #19278 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council voted to APPROVE the Minutes of the Regular Meeting of December 20, 1982. Voting: 9 - 0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, Ill - 9 - P R 0 C L A M A T T 0 N ITEM II-E.1 ITEM #19279 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to RECORD the Proclamation proclaiming the week of April 24-30, 1983 as a week of celebration in commemoration of the City's 20th Birthday. Voting: 9 - 0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitcbin, III -10- .d 4b WHEREAS, on January 1, 1963 the City of Virginia Beach and the County of Princess Anne merged to form the present City of Virginia Beach; WHEREAS, on that date the City of Virginia Beach became a City of 310 square miles with a population of approximately 85,000 and has grown to become the largest City in the Commonwealth of Virginia with a population of over 283,000; WHEREAS, Virginia Beach has a community and a government rich in history dating back to the landing of the first permanent English settlers at Cape Henry in 1607 and the construction of the Court House area at Princess Anne in 1824; WHEREAS, it is important for our City to take time to recognize and preserve our history for our citizens and future generations; NOW, THEREFORE, 1, Louis R. Jones, Mayor of the City of Virginia Beach, do hereby proclaim the week of April 24-30, 1983 as a week of celebration in commemoration of the City's 20th Birthday and call upon our citizens to recognize this celebration by their participation in the activities of this week and throughout the year. 0. May 1 2 - C 0 N S E N T A C E N D A ITEM II-F ITEM #19280 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the City Manager and ADOPT the CONSENT AGENDA by ONE MOTION with the exception of II-F.4 which will be considered separately. Voting: 9 - 0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heiscbober, and W. H. Kitchin, III THE MAYOR'S SIGNATURE IS ON THE ORIGINAL MINUTES IN OUR BOUND MINUTE BOOKS - 1 3 - ITEM II-F.1 ITEM #19281 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution establishing a policy for the procurement of professional architectural and engineering services by the City of Virginia Beach, Virginia. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, Ill -14 - A RESOLUTION ESTABLISHING A POLICY FOR THE PROCUREMENT OF PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BY THE CITY OF VIRGINIA BEACH, VIRGINIA SECTION 1. It shall be the policy of the City of Virginia Beach to announce projects, select consultants and negotiate agreements for architectural and engineering services on the basis of demonstrated competence and qualification for services required and at fair and reasonable fees. SECTION 2. Architectural or engineering services are those professional consulting services associated with research, development, design and construction, alteration, or repair of real property, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform including, but not limited to, studies, investigations, surveys, evaluations, consultations, planning, programming, conceptual designs, plans and specifications, cost estimates, inspections, and other related services. SECTION 3. Architects and Engineers are encouraged to submit statements of current qualifications and performance data for registra- tion and reference purposes. The Federal Government Standard Form 254 and Standard Form 255 may be included in this data. These statements will be kept by the City and used as a basis for preliminary selection. The City may announce projects which require architectural or engineering services to qualified firms on file with the City by publicizing descriptions periodically in newspapers, by posting announcements of projects on a bulletin board, or any other methods to publicize the need for consulting services. SECTION 4. After expressions of interest are received, a review shall be made by the using agency of all firms responding to determine those firms best qualified for the services desired. A minimum of three firms shall be selected for interview from among those responding or on file. The interview, for selection purposes, shall be performed by a Committee of five (5)individuals. ar:-Ieast-tzwe-(2@-ef-wkeiR7-@iReludiRg tke-Chair-man@7-Skall-be-a-li:eeRsed-EiigiReer-7 The Committee shall - 15 - consist of AssistaRts-aREI-a-r-epr-esemPza#-i.ve-ef-r:ke-Ageney.---EitEher--t-he-Gi:t:y ERgimeer-er--the-UtEi.lir:ies-Eng@neeE-shall-aet-as-ChaiEfRaR-ef-tEhe GemmitteeT two individuals from Public Utilities, two individuals from Public Works, and a representative of the Agency for which the project is being provided. At least one member of Public Works and -one of Public Utilities shall be a licensed Engineer. The Committee members shall be appointed by the Director of their respective Depart- ments. A licensed Engineer of Public Works or Public Utilities shall act as Chairman of the Committee. A member of the City Manager's Office shall also serve on the Committee as an ex-officio member. Factors to be considered for selection purposes are: 1. The expressed desire of the firm to perform the services. 2. Professional qualifications of the staff or design team to be assigned to this projedt. 3. The extent of specialized experience of the firm in the type of work required. 4. The capacity of the firm to accomplish the work in the required time. 5. The degree of familiarity of the firm and the particular project requirements. 6. Past performance of the firm on similar projects in general and City projects in particular. 7. Experience and qualification of any consultants to be used by the architect and engineer. 8. Volume of work previously awarded to the firm by the City. 9. Evidence of cost control effectiveness. 10. Proximity of the firm to the project. The selected firm shall be submitted to the Director of Public Works or Public Utilities, as appropriate, for his concurrence. Afterwhich, a recommendation will be sent to the City Manager for final approval. Section 5. Negotiations of the Agreement shall be initiated with the selected firm only, and shall be conducted by the representative of Public Works or Public Utilities, as appropriate. Should satis- -16 - factory terms fail to be reached, negotiations with that firm shall be terminated and initiated with a second, then third firm, until a satisfactory agreement is reached. Negotiations shall be based on a definitive scope of work and period of performance with attendant manpower, material, and service estimates. Established fee schedules or curves shall be used for comparative purposes only, and not as a basis of justification of any proposed fee. Section 6. Architectural and engineering agreements shall be executed by the proper City official. Section 7. Upon completion of the project, an evaluation of the performance of the architectural and engineering firm may be placed on file to indicate excellence or deficiencies in the service rendered. This information shall be maintained on file for reference purposes in future project awards. Further, it shall be open for review by the subject firm who may tender any observations felt to be appropriate as a matter of record in such files. Section 8. The above procedures do not apply to: 1. Contracts involving estimated fees of less than $10,000. 2. Contracts administered by another agency to which the City is signatory. 3. Contracts of an emergency nature. This resolution shall become effective upon date of adoption. ADOPTED by the Council of the City of Virginia Beach, Virginia on the Third day of January 1983. - 1 7 - ITEM II-F.2 ITEM #19282 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizin@. the replacement of an existing structure with a 12' x 70' free-standing mobile home at 5548 Buzzard Neck Road in the Pungo Borough. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, III - 18 - At a meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the City Hall Building, on the 3rd day of January , 1983. On motion by Councilman Baum and seconded by Councilman McCoX the fof@i7i-@g -r6-s6f tion was alopted. R E S 0 L U T I 0 N WHEREAS, Edward C. Mast and Ann Etheridge Mast desire to replace an existing free-standing mobile home with a larger model located on their property at 5548 Buzzard Neck Road, in the Pungo Borough of the City of Virginia Beach, a thirty-two (32) acre parcel, zoned AG-2, as described in Deed Book 1235, at Page 618, on file in the Circuit Court Clerk's Office in the City of Virginia Beach; and WHEREAS, the free-standinq mobile home does not conform to the provisions of the Comprehensive Zoning Ordinance because free-standing mobile homes are not allowed in the AG-2, Agricultural District; and WHEREAS, pursuant to S105(d) of the Comprehensive Zoning Ordinance, City Council may authorize the enlargement of a nonconforming structure if Council finds that the structure as enlarged is equally appropriate or more appropriate to the zoning district than is the existing nonconformity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that the replacement and enlargement of the nonconforming free-standing mobile home, located at 5548 Buzzard Neck Road, in the Pungo Borough of the City of Virginia Beach, as shown on the attached drawing, is equally appropriate or more appropriate to the zoning district in which it is located than is the existing nonconformity, and the City Council hereby authorizes the replacement of the existing structure with a 121 x 701 free-standing mobile home, as shown on the attached drawing, provided that the structure is placed on the property in accordance with all other zoning and health requirements. Adopted by the Council of the City of virginia Beach, virginia, on Januarv 3. 1983 RJN/cb 12/2 9/82 (2) - 1 9 - ITEM II-F.3 ITEM #19283 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize the purchase of a new trolley, transfer the security lien from the damaged unit to the replacement unit and transfer funds of $5,034 from the General Fund Reserve for Contingencies toward the purchase of a new trolley. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, III 20 - AN ORDINANCE TO AUTtiORIZE THE PURCHASE OF A NEW TROLLEY, TRANSFER THE SECURITY LIEN FROM THE DAMAGED UNIT TO THE REPLACEMENT LJNIT, AND TRANSFER FUNDS OF $5,034 FROM THE GENEPAL FUND RESERVE FOR CONTINGENCIES TOWARDS THE PURCHASE OF A NEW TROLLEY WHEREAS, on November 20, 1982, the city's trackless trolley #6 was destroyed by fire, and WHEREAS, the burned unit was being lease purchased with Southern National Leasing and a security lien had been recorded in the title, and WHEREAS, Southern National Leasing has agreed to transfer the balance of the security lien from the burned unit to the replacement unit, accept title to a replacement unit, and return the original title to the city, should the city desire to replace the trolley, and WHEREAS, the city will receive from the insurance coverage on the burned unit and the city's self-insurance fund a total of $56,000, and WHEREAS, the purchase price of a new trolley based on a pre- vious low bid is $61,033.33, and WHERFAS, additional funding of $5,034 is needed to purchase a new trolley and funding is available from the General Fund Reserve for Contingencies NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT the City Manager is hereby authorized to replace the burned trolley and enter into the necessary agreements to transfer the security lien from the burned unit to the replacement unit. BE IT FURTHER ORDAINED THAT funds of $5,034 be transferred from the General Fund Reserve for Contingencies and with the insurance and self-insurance proceeds be placed in the Department of Parks and Recreation, Virginia Beach Transit budget for the purchase of a new trolley to replace the burned unit. ADOPTED: January 3, 1983 - 2 1 - ITEM II-F.5 ITEM #19284 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Holly Avenue to Mr. Martin Schara, his heirs, assigns and successors in title. Approval is subject to the following: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or hazardous. 4. The owner agrees to construct the "proposed stairs" with a minimum setback of five-feet from the edge of the pavement on Holly Road. This setback is necessary to prevent a possible traffic hazard. Voting: 9 - 0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitcbin, III 2 2 - Requested By: Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY HOLLY AVENUE TO MR. MARTIN SCHARA, HIS HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Mr. Martin Schara, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Holly Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining two sets of stairs and that said encroachment shall be constructed and maintained in good repair in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Holly Avenue, on the certain plat entitled: "PHYSICAL SURVEY EXPANDABLE PARCEL 'B' PLAT OF 224 & 226 58th STREET A CONDOMINIUM LOTS A & B RE SUBDIVISION OF LOTS 13, 14, 22, & 23 BLOCK 8 UBERMEER,. a copy of which is on file in the Department of Public Work and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Mr. Martin Schara, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of Mr. Martin Schara and that Mr. Martin Schara his - 2 3 - heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Mr. Martin Schara, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Mr. Martin Schara executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of January 198n@. MES/re 11/3/82 APPROVED AS TO CONTE,4T (29D) @GNATURE DI-All,ll,,T CIIY A7--@,@,!Ey -2- - 2 4 - ITEM II-F.6 ITEM #19285 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Chesapeake Bay Drive to Dr. Jerry Shulman, his heirs, assigns and successors in interest. Approval is subject to the following: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or hazardous. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, Ill - 2 5 - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY CHESAPEAKE BAY DRIVE TO DR. JERRY SHULMAN, HIS HEIRS, ASSIGNS AND SUCCESORS IN INTEREST BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Dr. Jerry Shulman, his heirs, assigns and successors in interest is authorized to construct and maintain a temporary encroachment into the right-of-way of Chesapeake Bay Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a set of stairs and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Chesapeake Bay Drive, on the certain plat entitled: "PLAN OF STAIRS TO BEACH,' a copy of which is on file in the Department of Public Work and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Dr. Jerry Shulman, his heirs, assigns and successors in interest and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of Chesapeake Bay Drive and that Dr. Jerry Shulman, his heirs, assigns and successors in interest shall bear all costs and expenses of such removal. 2 6 - AND, PROVIDED FURTHER, that it is expressly understood and agreed that Dr. Jerry Shulman, his heirs, assigns and successors in interest shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Dr. Jerry Shulman, his heirs, assigns and successors in interest executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of January lgq3. MES/re 11/5/82 (29C) APPROVED AS TO CONTENT SIGNATURE DEPARTMENT A:)P@VED.Al TO tZr i -2- - 2 7 - ITEM II-F.7 ITEM #19286 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Lake James Drive and Indian River Road to the Lake James Homes Association. Approval is subject to the following: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or hazardous. 4. The owner agrees to construct said encroachment outside of the 20-foot visibility triangle. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, III - 2 8 - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF LAKE JAMES DRIVE AND INDIAN RIVER ROAD TO THE LAKE JAMES HOMES ASSOCIATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Lake James Romes Association is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Lake James Drive and Indian River Road. That the temporary encroachment herein authorized is for the purpose of constructing a community identification sign and that said community identification sign shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Lake James Drive and Indian River Road, as shown on that certain plat entitled: "PROPOSED ENTRANCE SIGN LOCATIONS FOR LAKE JAMES ENCROACHMENT E'SM'T," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of the Lake James Homes Association and within thirty (30) days after such notice is given, said sign shall be removed from the City right-of-way of Lake James Drive and Indian River Road by the Lake James Homes Association and that the Lake James Homes Association shall bear all costs and expenses of such removal; and PROVIDED FURTHER, that it is expressly understood and agreed that the Lake James Homes Association shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all - 2 9 - claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such sign; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Lake James Homes Association executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of January 19 8 3 MES/re 11/10/82 (29A) A P@, 7:), i,,@A -2- - 30 - ITEM II-F.8 ITEM #19287 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the City Manager and APPROVE the following Bingo/Raffle Permits: Bingo/Raffle Hampton Roads Youth Hockey Association Bingo/Raffle* Star of the Sea School Bingo/Raffle Chesapeake Bay Skating Club Bingo/Raffle Kehillat Bet Hamidrash Synagogue Bingo/Raffle Aragona Community Recreation Genter Bingo Diamond Springs Gardenwood Park Civic League Bingo/Raffle Gymstrada Team Parents' Association Bingo/Raffle Loyal Order of Moose - Aragona Village Lodge #1198 Bingo Princess Anne Band Parents (Marching Cavaliers) Bingo/Raffle Green Run Marching Stallions Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, Ill *Corrected from Agenda - 3 1 - ITEM II-F.9 ITEM #19288 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the City Treasurer for Tax Refunds in the amount of $1,564.87. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, III FORM NO. C.A. 7 - 3 2 - 12/16/82 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATFON OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA SEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Year of Tax Number tion No. Paid Bank of Virginia Mortgage 80 RE(1/2) 78796-7 12/5/79 44.36 Bank of Virginia Mortgage 80 RE(2/2) 78796-7 6/5/80 44.36 Bank of Virginia Mortgage 81 RE(1/2) 70689-3 12/5/80 40.16 Bank of Virginia Mortgage 81 RE(2/2) 70689-3 6/5/81 40.16 Bank of Virginia Mortgage 82 RE(1/2) 73675-2 12/5/81 43.16 Bank of Virginia Mortgage 82 RE(2/2) 73675-2 43.16 David & Joann Grainger 83 RE(1/2) 31284-2 10/18/82 17.88 Raymond & Patricia Fels 83 RE(1/2) 25685-9 11/10/82 39.03 Raymond & Patricia Fels 83 RE(2/2) 25685-9 11/10/82 39.03 James E Jones 82 pp 147791-1 11/19/82 193.50 Nettie M Mitchell 82 pp 87871-0 6/5/82 60.78 John T Johnson 82 pp 66030-1 11/2/82 10.83 John T Johnson 82 pp 66031-0 11/2/82 15.67 John T Johnson 82 pp 66032-9 11/2/82 10.70 John T Johnson 82 pp 66033-2 11/2/82 45.94 John Rodgers 82 Pkng 82238 7/24/82 12.00 Nellie S Gatling 82 Pkng 71769 11/18/82 10.00 James L Parker 82 Pkng 65156 11/22/82 10.00 Sally Warren 82 Pkng 65157 11/23/82 10.00 Robert H Bennett 82 Pkng 65149 11/29/82 10.00 W Leigh Ansell 82 Pkng 65152 11/29/82 15.00 Helen S Moir 82 Pkng 65153 11/24/82 10.00 Edwin H Brooks 82 Pkng 71773 11/28/82 10.00 Total 775.72 Dc@c 2,,3 1982 DEPT. OF ",W This ordinance shall be effective from date of adoption. The above abatement(s@ totaling Ce to pa $ 7 7 5 . 7 2 We're approved by the Council of the City of Virginia Beach on the@r"day f January J ohil Atkin'son- treasurer Approved as to form: Ruth@odges Smith City Clerk DaFe -Bimsdn, city Attorney FORM NO. C.A. 7 - 3 3 - 12/9/82 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 Don Patterson 83 Dog V09242 12/2/82 5.00 Paul & Dorothy Geiger 83 RE(1/2) 29463-9 10/19/82 35.48 Cornelius H Woolard 82 pp 153925-8 11/18/82 152.28 Jack M Rary 82 pp 103613-8 5/24/82 191.76 Ralph Giannini 82 pp 146151-7 11/10/82 90.00 Peninsula R E Trust 81 RE(1/2) 46952-3 8/17/82 15.99 Peninsula R E Trust 81 RE(2/2) 46952-3 8/17/82 15.29 Basin Road R E TrUst 81 RE(1/2) 46955-0 8/17/82 21.88 Basin Road R E Trust 81 RE(2/2) 46955-0 8/17/82 20.92 Elizabeth F Baumann 82 RE(1/2) 5006-4 12/5/81 240.55 Total 789.15 This ordinance shall be effective from date of adoption. @pg?@q,T abate.e,,t(s) totaling to payment; ere approved by the Council of the City of Virginia Beach on the 3 day of January i-kinso@,-Tr@ea4urer Rut<Hodges Smith Approved as to form: City Clerk I&xf4tl@ ),7.11@lKt ale Bimdon, City Attorney I 0 - 34 - ITEM II-F.4 ITEM #19289 Upon motion by Councilman McCoy, seconded by Vice Mayor Henley, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to transfer funds of $5,000 from the General Fund Reserve for Contingencies as a con- tribution to the Committee for Intergovernmental Tax Equity (CITE). Voting: 7-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr., and Reba S. McClanan Council Members Absent: Harold Heischober, and W. H. Kitchin, IIT - 3 5 - AN ORDINANCE TO TPANSFER FUNDS OF $5,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES AS A CONTRIBUTION TO THE COMMITTEE FOR INTERGOVERNMENTAL TAX EQUITY (CITE) WREREAS, within the City of Virginia Beach there are over 20,000 acres of federal property representing approximately 12% of the total land area of the city, and WHEREAS, this federal property is not taxable by the City and represents a loss in real estate tax revenue of approximately $9,500,000 at the current tax rate, and WHEREAS, CITE, a national organization, is addressing the tax exempt status of the federal government and supporting legislation in Congress which would provide for federal payments in lieu of taxes for federal property, and WHERF.AS, CITE is requesting financial support for its efforts and the City Council of Virginia Beach believes that a centralized unified approach as offered by CITE is an excellent way to have an impact on the proposed payments in lieu of taxes legislation, and WHEREAS, the City Council desires to contribute $5,000 towards the efforts of CITE. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH THAT funds of $5,000 be transferred from the General Fund Reserve for Contingencies to the City Council budget as a contri- bution to CITE for its efforts to establish federal payments in lieu of taxes for federal property. This ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Third day of January 1983. - 3 6 - 0 R D T N A N C E S TTEM II-C.1 ITEM #19290 Upon motion by Councilman Jones, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend Sections 2-214 through 2-220 of the Code of the City of Virginia Beach, and to bring the City into mandatory compliance with the 1982 Virginia Public Procurement Act and AMEND Section 1-3 (by removing the comma) to read as follows: The Purchasing Agent shall be head of the Division of Purchasing and under the supervision of the Director of Finance. Voting: 9 - 0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, III 3 7 - AN ORDINANCE TO AMEND SECTIONS 2-214 THROUGH 2-220 OF THE CODE OF THE CITY OF VIRGINIA BEACH, AND TO BRING THE CITY INTO MANDATORY COMPLIANCE WITH THE 1982 VIRGINIA PUBLIC PROCUREMENT ACT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-214 through 2-220 are hereby amended and reordained as follows: ARTICLE 1. DIVISION OF PURCHASING Sec. 1-1. Establishment and composition of division of purchasing. There is hereby established, within the Department of Finance, a division of Purchasing, which shall consist of the Purchasing Agent and such other officers and employees, as may be provided by ordinance or by orders or directives consistent therewith. (Code 1981, S2-214) Sec. 1-2. Purchasing authority. The Purchasing Division shall be responsible for procuring all materials, supplies, equipment and services for all City departments and agencies exclusive of the Virginia Beach School System. In addition, the Division shall be responsible for centralized control and disposal of excess, obsolete and salvageable materials and equipment. No officer or employee of the City government has the authority to contract for the procurement of materials, supplies, equipment or services except the City Purchasing Agent or such employee as may be designated by the City Manager or City Council. (City of Virginia Beach Purchasing Ordinance, Sec. 2) Sec. 1-3. Duties and powers of purchasing agent. The Purchasing Agent shall be the head of the division of Purchasing and, under the supervision of the Director of Finance. He shall have the authority to award contracts. (Code 1981, SS2-216) - 38 - The Purchasing Agent shall have the power and it shall be his duty to: (a) Endeavor to obtain as full and open competition as possible on all purchases and sales. (b) Except where established by ordinance, or resolution of Council, establish such rules, regulations and policies as he/she deems necessary for the internal management and operation of the division of Purchasing. All rules, regulations and policies shall be subject to the approval of the City Manager and shall be approved by the City Attorney as to form and legality. The Purchasing Agent shall have the authority to award contracts within the purview of this Ordinance. (Code 1981, S2-215) ARTICLE 2. GENERAL POLICIES AND PROCEDURES FOR CONTRACT FORMATION AND ADMINISTRATION. Sec. 2-1. Competitive bidding in qeneral. It shall be the responsibility of the Purchasing Division to obtain as full and open competition as is possible and practical on all purchases and sales through competitive sealed bidding, or through any other method of procurement authorized by this or other sections. (City of Virginia Beach Purchasing Ordinance, Sec. 7) Upon a determination in writing that competitive sealed bidding is either not practicable or not advantageous to the CLARIFICATION public, purchases or sales may be made without competitive bidding. The writing shall document the basis for this determination. (Virginia Code, 1982 Supp., SS11-41) upon a determination in writing that there is only one source practicably available for that which is to be procured, a CLARIFICATION contract may be negotiated and awarded to that source without competitive sealed bidding. The writing shall document the basis for this determination. (Virginia Code, 1982 Supp., 511-41) where it is possible and practical, formal sealed bids shall be obtained for all purchases with a dollar value of -2- - 3 9 - $1,000.00 or more. Purchases under single or term contracts of less than $1,000.00 are made on the basis of informal bids. These may be obtained either by written or telephonic quotation. Where at all possible or practical, these purchases shall be based upon the solicitation of three or more sources. (City of Virginia Beach Purchasing Ordinance, Sec. 7). Bids shall be submitted to the Purchasing Agent in a sealed envelope and shall be clearly marked or identified. Bids shall be opened in public at the time and place stated in the bid form. (City of Virginia Beach Purchasing Ordinance, Sec. 7) The Purchasing Agent shall have the authority to accept or reject any or all bids, or any portion thereof, and to enter into any contract deemed to be in the best interest of the City. (City of Virginia Beach Purchasing Ordinance, Sec.7) The City may waive informalities in bids. All bids shall contain an anti-collusion statement which shall be sworn to by the vendors. (City of Virginia Beach Purchasing Ordinance, Sec. 7). The provisions of this section shall not be applicable to professional or consultant services, nor shall this section be applicable to purchases made through agencies of the State or jointly with other political subdivisions of the State. (Code 1981, SS2-220) Sec. 2-2. Emergency purchases. In case of an emergency during normal working hours which requires immediate purchase of supplies or contractual services, the Purchasing Agent shall have the authority to secure, by the open market procedure, at the lowest obtainable price, any supplies or contractual services, regardless of the amount of the expenditure. A full report of the circumstances of an emergency purchase so made shall be filed by the Purchasing Agent with the City Manager. (Code 1981, SS2-218) In case of an emergency, not within normal working hours, the Purchasing Agent may authorize the head of any City department to purchase directly any supplies, not to exceed -3- -4 0 - $5,000.00, the immediate procurement of which is essential to prevent delays in the work of the department which may vitally affect the public health, safety or welfare, or to protect or preserve public properties without delay. The head of such department shall send to the Purchasing Agent a requisition and a copy of the delivery record, together with a full written report of the circumstances of the emergency. The report shall be filed by the Purchasing Agent. (Code 1981, 92-219) In all cases of emergency purchases, the using agency shall submit a written report to the Purchasing Agent, siqned by the Department Head, detailinct the aspects of the emergency. The written report shall be accompanied by a requisition form and a confirming purchase order will be issued. (City of Virginia Beach Purchasing Ordinance, Sec. 6) An emergency shall be defined as a situation in which the immediate public health, safety or welfare is involved, or the purchase is required to protect or preserve public properties without delay. (City of Virginia Beach Purchasing Ordinance, Sec. 6) Sec. 2-3. Competitive biddinq on state-aid projects. No contract for the construction of any building or-for an addition to or improvement of an existing building for which state funds of $100,000 or more, either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let except after competitive MANDATORY bidding. The procedure for the advertising for bids and letting of the contract shall conform, mutatis mutandis, to this Ordinance. No person or firm shall be eligible to bid on any such contract nor to have the same awarded to him or it who has been engaqed as architect or engineer for the same project. (virginia Code, 1982 Supp., SS11-41.1) Sec. 2-4. Bidder's list. The Purchasing Aqent shall maintain a bidder's list containing the names of all responsible prospective suppliers who have requested their names to be included on such lists. The -4- -4 1- Purchasing Agent, where deemed necessary, can require these requests to be made in writing and may require anv additional literature or references as he may feel pertinent. (City of virginia Beach Purchasing Ordinance, Sec. 11) Sec. 2-5. Debarment. The Purchasing Agent shall have the authority to remove any vendor from the bidders' lists when the public interest will be best served thereby. This may be caused by any vendor defaulting on their quotations or contracts, or anv other behavior on the part of a vendor which is deemed by the Purchasing Agent to be unethical, harmful to the City, or in any other way not to the best interest of the City. (City of Virginia Beach Purchasing Ordinance, Sec. 11) Reasons for such removal shall be outlined in writinq by the Purchasing Agent and sent by certified or registered mail ION to the contractor so removed at least ten (10) days prior to the date set for receipt of bids. Sec. 2-6. Use of brand names. Unless otherwise provided in the Invitation to Bid, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it convey the y article desired, and any article which the City in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. (Virginia Code, 1982 Supp., 511-49) Sec. 2-7. Specifications for purchases. Where at all possible, detailed, definite specifications will be used for purchases. However, in instances where trade names and model numbers are used to designate the quality of the merchandise desired, it is always specified that an alternate of equal or better quality may be proposed. The decision of approval of all alternates shall be between the Purchasing Division and the using department. The burden of -5- - 4 2 - proving that an alternate is equal shall rest with the vendor. (City of Virginia Beach Purchasing Ordinance, Sec. 8) Written comments from prospective bidders (vendors) concerning specifications or alternatives may be accepted by the CLARIFICATION Purchasing Agent for consideration if submitted at least ten (10) days prior to the date set for receipt of bids. Sec. 2-8. Advertisement for bids. Formal bids shall be legally advertised both by direct written solicitation of vendors and by posting a listing of bids in the office of the Purchasing Division. where it is deemed necessary, the Purchasing Agent may chose to advertise bids in the local newspapers, trade publications or other facilities of his choosing. (City of Virginia Beach Purchasing Ordinance, Sec. 9) Sec. 2-9. Awarding contracts. Contracts shall be awarded to the lowest responsible CLARIFICATION and responsive bidder. In determining the lowest bidder, the following factors shall be considered: 1. Price. 2. Ability, capability and skill of the bidder to perform the contract. 3. Whether the bidder can perform the contract promptly or within the time frame specified. 4. The character, integrity, reputation, judgment, experience and efficiency of the bidder. 5. The quality of performance of previous contracts. 6. The financial resources and ability of the bidder to perform the contract. 7. The ability of the bidder to provide future maintenance for the use of the subject of the contract. (Contract may be for services, supplies, equipment, etc.). (City of Virginia Beach Purchasing Ordinance, Sec. 10) Sec. 2-10. Withdrawal of bid due to error. -6- -4 3 - A bidder for a construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a,guantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. One of the following procedures for withdrawal of a bid shall be selected by the City and stated in the advertisement for bids: (i) the bidder shall give notice in writinq of his claim of right to withdraw his bid within two MANDATORY business days after the conclusion of the bid opening procedure; or (ii) the bidder shall submit to the City his original work papers, documents and materials used in the preparation of the bid within one day after the date fixed for submission of bids. The work papers shall be delivered by the bidder in person or by registered mail at or prior to the time fixed for the opening of bids. The bids shall be opened one day following the time fixed by the City for the submission of bids. Thereafter the bidder shall have two hours after the openinq of bids within which to claim in writing any mistake as defined herein and withdraw his bid. The contract shall not be awarded by the City until the two-hour period has elapsed. Such mis@ake shall be proved only from the original work papers, documents and materials delivered as required herein. No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent. -7- -4 4 - If a bid is withdrawn under the authority of this section, the lowest remaininq bid shall be deemed to be the low bid. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform aay @ubcontract or other work aqreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or MANDATORY indirectly, from the performance of the project for which the- withdrawn bid was submitted. .If the City denies the withdrawal of a bid under the provisions of this section, it shall notify the bidder in writing stating the reasons for its decision. (Virginia Code, 1982 Supp., 511-54) Sec. 2-11. Retainage on construction contracts. In any contract for construction which provides for progress payments in installments based upon an estimated percentage of completion, the contractor shall be paid at least MANDATORY ninety-five percent of the earned sum when payment is due, with not more than five percent being retained to assure faithful performance of the contract. All amounts withheld may be included in the final payment. Any subcontract for a project which provides for similar progress payments shall be subject to the same limitations. (Virginia Code, 1982 Supp., SS11-56) Sec. 2-12. Bid bonds. Except in cases of emergency, all bids or proposals for construction contracts in excess of $25,000 shall be accompanied by a bid bond from a surety company selected by the bidder which is legally authorized to do business in Virginia, as a guarantee MANDATORY that if the contract is awarded to such bidder, that bidder will enter into the contract for the work mentioned in the bid. The amount of the bid bond shall not exceed five percent of the amount bid. No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the bid for which the bond was -8- - 4 5 - written and the next low bid, or (ii) the face amount of the bid bond. (Virginia Code, 1982 Supp., SS11-57) Sec. 2-13. Performance and payment bonds. Upon the award of any public construction contract exceeding $25,000 awarded to any prime contractor, such contractor shall furnish to the City the following bonds: 1. A performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract. .2. A payment bond in the sum of the contract amount. Such bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in the prosecution of the work,provided for in such contract and shall be conditioned upon the prompt payrnent for all such material furnished or labor supplied or performed in MANDATORY the prosecution of the work. "Labor or materials" shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site. Each of such bonds shall be executed by one or more surety companies selected by the contractor which are legally authorized to do business in Virginia. Such bonds shall be payable to the "Treasurer, City of Virginia Beach." Each of the bonds shall be filed with the City or a designated office or offical thereof. Nothing in this section shall preclude such contractor from requiring each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor conditioned upon the payment to all persons who have and fulfill contracts which are direct y with the subcontractor for performing labor and furnishing materials in -9- 4 6 - the prosecution of the work provided for i the subcontract. (Virginia Code, 1'982 Supp., SS11-58) Sec. 2-14. Action on performance bond. No action aqainst t surety on a -oerformance bond shal be brouqht unless within one year after (i) completion of the ontract, includinq the exviration of all warranties and f the defect or breach of guarante or (ii) discover or r-ne cL-,-u,:@ warrantv, if the action be for such, in all other cases. (virginia Code, 1982 Supp., ill-59) Sec. 2-15. Actions on payment bonds. Subject to the provisions of the second paragraph of this section, anv claimant who has performed labor or furnished material in accordance with the contract documents in the prosecution of the work provided in any contract for which a ent bond has been qiven, and who has not been paid in full therefor before the expiration of ninety days after the day on whi h such claimant Performed the last of such labor or furnish6d the last of such materials for which he claims ]2ayment, may bring, TORY an iction on suc i)avment bond t6 recover any amount due him-for such labor or material, and mav prosecute such action to final judgment and have execution on the judgment. The obligee named in the bond need not be named a party o su@h action. s a direct contractual r with anV subcontractor from whom the contractor has not required a subcontractor idavment bond under Sec. 2-13 but who has no contractual relationship, exidress or implied, with such contractor, may brinq an action on the contractor's pavment bond on L notice to such contractor within 180 days from the dav on which the claimant Derformed the last of the labor or furnished the last of the materials for which he claims ent, statina with substantial accuracv the amount claimed and the name of the oerson for whom the work was performed or to whom the material was furnished. Anv claimant who has a direct contractual relationship with a subcontractor from whom the contractor has required a subcontractor avment bond under Sec. -10- - 4 7 - 2-13 but who has no contractual relationship, express or implied, with such contractor, may bring an action on the subcontractor's payment bond. Notice to the contractor shall be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where his office is regularly maintained for the transaction of business. Claims for sums withheld as retainages with respect to labor performed or materials furnished, shall not be subject to the time limitations stated in this subsection. Any action on a payment bond must be brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials. (Virginia Code, 1982 Supp., Sll-60) Sec. 2-16. Alternative forms of security. In lieu of a bid, payment, or performance bond, a bidder may furnish a certified check or cash escrow in the face amount required for the bond. If approved by the City Attorney, a bidder may furnish a personal bond, property bond, or bank or savings and loan associationts letter of credit on certain designated funds in the face amount required for the bid bond. Approval shall be granted MANDATORY only upon a determination that the alternative form of security proffered affords protection to the City equivalent to a corporate surety's bond. (Virginia Code, 1982 Supp., SS11-61) Sec. 2-17. Employment discrimination by contractor prohibited. The following provisions shall be included in every contract of over $10,000; 1. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, MANDATORY color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to -4 8 - employees an@ applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. .c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 2. The contractor will include the provisions of the foregoing paraqraphs a, b and c in every subcontract or purchase MANDATORY order of over $10,000, so that the provisions will be binding upon such subcontractor or vendor. (Virginia Code, 1982 Supp., ARTICLE 3. Ethics In Contracting. Sec. 3-1. Purpose. The provisions of this article supplement, but do not supersede, other provisions of law including, but not limited to, the Virginia Conflict of Interests Act (Virginia Code SS2.1-348 et seq.), the Virginia Governmental Frauds Act (Virginia Code, MANDATORY S18.2-498.1 et seg.), and Articles 2 and 3 of Chapter 10 of Title 18.2. The provisions of this article apply notwithstandinq the fact that the conduct described may not constitute a violation of the Virginia Conflict of Interests Act. (Virainia Code, 1982 Supp., SS11-72) Sec. 3"2. Definitions. The words defined in this section shall have the meanings set forth below throughout this article. MANDATORY 'Immediate family" shall mean a spouse, children, parents, brothers and sisters, and any other person living in the same household as the employee. -12- -4 9 - "Official responsibility" shall mean administrative or operating authority, whether intermediate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction, or,any claim resulting therefrom. "Pecuniary interest arising from the procurement" shall mean a material financial interest as defined in the Virginia Conflict of Interests Act (Virginia Code, SS2.1-348 et seg.). 'Procurement transaction" shall mean all functions that pertain to the obtaining of any goods, services or construction, includinq description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. (Virginia Code, 1982 Supp., 511-73) Sec. 3-3. Proscribed part i pa@ion by city employees in procurement tra!cs ct ions. No City employee havinp official responsibility for a procurement transaction shall participate in that transaction on behalf of the City when the employee knows that: 1. The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction; or 2. The employee, the employee's partner, or any member of the employee's immediate family holds a position with a bidder, offeror or contractor such as an officer, director, MANDATORY trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent; or 3. The employee, the employee's partner, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or 4. The employee, the employee's partner, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor. (Virginia Code, 1982 Supp., SS11-74) Sec. 3-4. Solicitation or acceptance of gifts. -13- -50 - No City employee having official responsibility for a procurement transaction shall solicit, demand, accept, or agree to accept from a bidder, offeror, contractor or subcontractor any payment, loan, subscription, advance, deposit of money, services MANDATORY or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value is exchanged. The City may recover the value of anything conveyed in violation of this section. (Virginia Code, 1982 Supp Sll-75) Sec. 3-5. Disclosure of subsequent employment. No City employee or former City employee havinq official responsibility for procurement transactions shall accept employment with any bidder, offeror or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one year from the cessation of employment by the City unless the employee or MANDATORY former employee provides written notification to the City, or a City official if designated by the City or both, prior to commencement of employment by that bidder, offeror or contractor. (Virginia Code, 1982 Supp., sll-76) Sec. 3-6. Gifts by bidders, offerors, contractors or subcontractors. No bidder, offeror, contractor or subcontractor shall confer upon any City employee having official responsibility for a procurement transaction any payment, loan, subscription, MANDATORY advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. (Virginia Code, 1982 Supp., SS11-77) Sec. 3-7. Kickbacks. No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement MANDATORY for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, 5 1 - present or promised, unless consideration of substantially equal or greater value is exchanged. No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section. No person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a contract. If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the City and will be recoverable from both the maker and recipient. Recovery from one offending party shall not preclude recovery from other offending parties. (Virginia Code, 1982 Supp., SS11-78) Sec. 3-8. Purchase of building materials, etc., from architect or engineer prohibited. Except in cases of emergency, no building materials, supplies or equipment for any building or structure constructed by or for the City shall be sold by or purchased from any person employed as an independent contractor by the City to furnish MANDATORY architectural or engineering services, but not construction, for such building or structure, or from any partnership, association or corporation in which such architect or engineer has a pecuniary interest. (Virginia Code, 1982 Supp., 511-79) Sec. 3-9. Penalty for violation. Willful violation of any provision of this article shall constitute a Class 1 misdemeanor. Upon conviction, any MANDATORY City emL:)loyee, in addition to any other fine or penalty provided by law, shall forfeit his employment. (Virginia Code, 1982 Supp., Sll-80) This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 day of January 19 83 12/29/82 -15- - 5 2 - A P P 0 1 N T M E N T S ITEM II-H.1 ITEM #19291 Upon nomination by Councilwoman Oberndorf, City Council voted to APPOINT the following to the COMMUNITY CORRECTIONS RESOURCE BOARD for terms of two (2) years each, beginning January 1, 1983 and ending December 31, 1984, subject to their resumes being on file in the Office of the City Clerk.* Gene Alan Woolard Mason M. Moton Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, III *The Membership of the Board was increased from five (5) to seven (7) - 5 3 - N E W B U S I N E S S ITEM II-J.1 ITEM #19292 The City Clerk introduced Tony R. Caish who wished to speak before Council concerning the drainage ditch on Wildflower Court. Mr. Caish was sponsored by Councilwoman McClanan. Mr. Caish advised the drainage ditch is behind his house and adjacent to Holland Elementary School. The ditch poses a hazard to school children and provides a natural habitat for snakes, mosquitos and rats. Also noticeable is the erosion which is taking approximately one-inch of dirt and can be verified by a large VEPCO Power Box which is now on an incline and breaking away from the earthen support. The size of the ditch is approaching depths in excess of five (5) feet and widths of eight (8) to nine (9) feet. During the Council Meeting of February 28, 1983, a BRIEFING SESSION will be held at 4:00 p.m., in the Conference Room, whereby the Staff will present an indepth report on drainage facilities in the City. Mrs. Connie Brewbaker Dillenseger spoke on this matter. APPOINTEE EVALUATION ORDINANCE ITEM #19293 Councilman McCoy advised Council the Evaluation Ordinance concerning Council Appointees should be reviewed and perhaps change the Sections: 1. Not as much paper work in evaluating Appointees. 2. Evaluate Appointees twice a year. 3. Could be more optional to read "on a six-month basis if desired by any member of Council". 4. Needs an indepth discussion of the pay plan. Councilman McCoy requested the Mayor appoint a committee to study the Evaluation Ordinance. Mayor Jones appointed Councilman Baum and Councilman McCoy to review the Evaluation Ordinance and provide Council with a proposal on this matter. 1 3 8 3 - 5 4 - ITEM #19294 Councilwoman Oberndorf advised Council of a memorandum received from the City Clerk regarding a request from Attorney Grover C. Wright, Jr., that City Council amend the Minutes of the Regular Meeting of November 22, 1982. The memorandum in question is concerned with the Christopher Development Company approved by City Council on November 22, 1982, for a change of zoning on a 10.220-parcel of property in the Kempsville Borough. Attorney Wright advised the City Clerk that condition number five (5) was not a condition of the intended use of the land since it applies to property owned by R. G. Moore over which the applicant has no control. Councilwoman Oberndorf asked the City Attorney if he was familiar with the memorandum and is it a normal procedure for Council to amend Minutes when requested by the applicant's Attorney? The City Attorney advised it was not a normal procedure but could be done; however, the letter is not legally binding regardless of whether it was in the Minutes or not. ITEM II-K.1 ITEM #19295 Upon motion by Councilwoman Creech, seconded by Councilman Jones, City Council voted to RECESS into EXECUTIVE SESSION (3:35 p.m.), for evaluation of Council Appointees after which to adjourn. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creechl,@ Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and W. H. Kitchin, III *COUNCILWOMAN CREECH VOICED A VERBAL "AYE" - 5 5 - A D J 0 U R N M E N T ITEM II-L.1 ITEM #19296 Upon motion duly made and seconded City Council adjourned at 6:00 p.m. Diane M. Hick an, Del,.ty :L@ty Cl@rk th Id,, Iith, .C Mayo nes City Clerk City of Virginia Beach, Virginia 3 January 1983 dmh/asd