HomeMy WebLinkAboutDECEMBER 19, 1995 MINUTESMINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 19, 1995
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, December
19, 1995, at 9:00 A.M,
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
William W. Harrison, Jr.
[ENTERED: 12:25 P.M.]
Nancy K. Parker
[IN CHARLOTTE, NORTH CAROLINA,
FATHER TERMINALLY ILL]
Louisa M. Strayhorn [ENTERED: 12:35 P.M.]
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CITY MANAGER'S BRIEFING
SHORE DRIVE HAZARD ELIMINATION PROJECT
11:30 A.M.
ITEM tt 4O175
John Herzke, City Engineer, advised a year ago, the City received a Federal Safety Grang for the Shore
Drive Hazard Elimination Project in the amount of $550,000. Some of these funds have been
supplemented with the Traffic Safety Funds and Project V9410 was established. Through the RFP
Process, the firm of Larsen Engineers, Inc., was selected to perform a detailed analysis of this project.
Lawrence Gassman, P.E., Vice President - Larsen Engineers, Inc., advised the Shore Drive Hazard
Elimination Study was undertaken to determine the extent of the roadway hazards on Shore Drive
between 83rd Street and the west gate at Fort Story and to identify potential corrective measures. The
study area is approximately 3.2 miles long. Fort Story lies to the north of the roadway and First Landing
State Park to the south. Although located in the incorporated limits of the City, the roadway has the
characteristics of a rural or semi-rural highway. The roadway alignment, within the study segment, ~s
primarily straight with four large radius curves at various locations. The only turning movement in the
project limits is a driveway (known as the Coast Artillery Road) which exists near the middle of the
project. The roadway consists of two twenty-two feet wide pavements separated by a fifty feet wide
median. The posted speed limit is 55 mph in the study area, except for eastbound traffic at the eastern
end approaching the residential area. There is a traffic signal at the east end of the project at 83rd Street
and a fiashing yellow/red beacon at the west gate to Fort Story at the west end of the project. Shore
Drive passes through relatively level topography. Along both sides of the road, a dense forest exists in
proximity to the edge of pavement. The tree canopy overhangs the travelled way, and in sections of the
westbound pavemeng the canopy shadows the roadway. There is no street lighting throughout the
segment.
SUMMARY OF 24 HR VOLUME & SPEED SURVEY
(West bound, near Coast Artillery Road)
DATE 85TH PERCENTILE PACE (MPH) NUMBER OF VEHICLES
SPEED (MPH)
5-05-95 63.0 55-65 5,350
5-06-95 62.5 55-65 6,248
5-07-95 62.1 50-60 5,967
5-08-95 63.1 55-65 4,591
5-09-95 62.9 55-65 4, 757
ACCIDENT SUMMARY
Total Number of Accidents
Number of Fatal Accidents
% of Accidents Occurring at Night
% of Accidents involving Alcohol
% of Accidents involving Tree Collision
% of Accidents impacting Trees which did
NOT involve Alcohol
% of Accidents in the Westbound
direction
% of Accidents involving speeding
10 (19 persons died)
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64
63
19
Mr. Gassman cited the characteristics of fatal accidents (1991-1994). There were a total of 10 accidents
with 19 la'lied.
8 in westbound direction
9 were one car accidents
7 were speeding
4 involved drinking
9 impacted trees
9 ran off-road
7 were at night
December 19, 1995
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CITY MANAGER'S BRIEFING
SHORE DRIVE HAZARD ELIMINATION PROJECT
ITEM # 40175 (Continued)
43% of the accidents on Shore Drive occurred during daylight. For the State of Virginia, 72% of the
accidents normally occur in the day. Shore Drive is having a much larger percentage of nighttime
accidents than normal for this type of roadway. The age group of 21-30 accounts for 52% of all
accidents at Shore Drive.
ANAL YSIS
Pavement geometrics satisfactory for present speed limits
Alcohol related accidents 07%) significantly higher than City
of Virginia Beach (9o/o) and State of Virginia (6%) (1993)
% of Accidents due to Speeding on Shore Drive (15.4%)
higher than State of Virginia (6.1%) (1993)
General traffic speeds are higher than posted limits
Accidents involving tree impact = 64%
Driver "inattention" or "falling asleep, may be a significant
accident cause.
Absence of stable shoulder noted in many areas.
Steep pavement drop off at shoulder edge and deep ditches
noted frequently
Number of trees close to pavement much higher in Westbound
than Eastbound.
Inadequate horizontal clearance (clear zone) due to proximity
of trees.
RECOMMENDATIONS
Continue the special police enforcement activity
Install more frequent oversized speed limit signs.
Place paved shoulders along both edges of the roadway. Use
a lO-foot width for the right and 6-foot for the left
shoulders. Install a milled rumble strip in the shoulders.
Install guardrails at those areas with deep ditches.
Overlay pavement in those areas identified near curves were
waviness or unevenness was detected.
Install milepost markers to assist emergency vehicles in
locating accident scenes.
The report also recommends phasing the improvements. First consideration is the westbound direction.
The total costs associated with the improvements (excluding police enforcemenO is $549,994 for the
westbound lanes only and $1,059,125 for both eastbound and westbound directions. Since funds are
currently limited to an available gran~ the plan is to proceed only with the westbound lane
improvements. Mr. Herzke advised there are sufficient funds for Phase I.
December 19, 1995
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CITY MANAGER'S BRIEFING
AGRICULTURAL RESERVE PROGRAM DOCUMENT REVIEW
12:15 A.M.
ITEM # 4O176
Deputy City Attorney William Macali, distributed a substitute form, "Offer to Purchase Development
Rights" containing revisions. Said information is hereby made a part of the record. City Attorney Macali
anticipated the first Ordinance will be SCHEDULED for City Council's consideration during the last of
January re purchase of development rights. By adopting the Resolution, the City Council will approve
the program documents, subject to such amendments as the City Manager or City Attorney may, from time
to time, deem necessary or appropriate.
Ordinance re Easement Acquisition
Deed of Easement
Installment Purchase Agreement
Disclosure Statement
Bond Counsel Opinion
Offer to Purchase (As Revised)
Seller's AfJ'utavit
Subordination Agreement
Tax Certificate/Compliance Agreement
Messrs Consolvo and Hunter of Kaufman and Canoles, Bond Counsel, and Pat O'Connell, Financial
Advisor, were in attendance.
Barry Hunter, Kaufman and Canoles, advised the Preliminary Disclosure Statement will be given to the
Farmer either at the time of filing of the application or when the offer goes out from the City Manager's
Office. This document briefly explains the program as well as the Installment Purchase Agreement. This
also provides some detail on the tax exemption of the interest that will be received on the Installment
Purchase Agreement. Attached, as exhibits, are the Form of the Deed of Easement and Form of the
Opinion of Bond Counsel. Also attached is the Official Statement. The Installment Purchase Agreement
is the primary document of the transaction and sets forth the purchase price to be paid, the interest rate
and when payable. First Union National Bank will be the Registrar of the obligation. This document sets
forth some representations and warranties by the seller as to the status of title. The Deed of Easement
is a primary real estate document conveying the title to the Conservation Easement to the City. The
Ordinance re approval of Installment Purchase Agreement is also attached. An Offer to Purchase
Document is sent out by the City Manager once the value of a conservation easement has been
determined. A Tax Certificate/Compliance Agreement is a closing certificate which the City will sign
related to the tax exemption and the obligation of the City related to same.
December 19, 1995
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CITY COUNCIL CONCERNS
12:33 P.M.
ITEM # 40177
Council Lady Henley requested the addition of an item under NEW BUSINESS relative the possibility
of a Referendum Question on the May Ballot whether City Council elections shouM be partisan or non-
partisan.
ITEM # 4O178
Councilman Branch requested an addition to the AGENDA to SCHEDULE A PUBLIC HEARING for
2 January 1996: Charter Amendment re election of School Board Members in the November General
Election, beginning in 1998.
ITEM # 4O179
Councilman Harrison referenced the addition of an item under UNFINISHED BUSINESS. Councilman
Harrison wished to present Redistricting Plan D-2 for City Council's reconsideration
ITEM # 4018O
Councilman Baum suggested portable microphones be utilized in the Council Conference Room for those
on the sidelines. Councilman Baum requested the City Manager investigate this expenditure. Staff members
could stay in their seats and speak rather than moving to the mike at the front of the conference room.
December 19, 1995
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AGENDA
RE VIEW SESION
12:37 P~VI.
ITEM # 4O181
Councilman Harrison referenced proposed amendments:
J. 3. Resolution to select the site for construction of a new Social
Services Building; and, direct the City Manager to expedite
construction only on the site of the existing facility for the
Department of Social Services.
Section 5, page 2 shall read as follows:
5. That City Council hereby directs the any financing/lease agreement
be structured in such a way that the City owns the facility from the
beghnring date it is placed in service, or, in the alternative has the option
to purchase the facili~_ at the end of the term of any a-lease; and
Section 6, page 2 shall read as follows:
6. That City Council hereby authorizes City staff to enter into
discussions with the Virginia Beach Development Authority in an effort
to determine the least costly best and most expeditious manner in which
to complete design, aiid construction and financing of the facility.
ITEM # 40182
BY CONSENSUS of City Counci~ the following items shall compose the CONSENT AGENDA:
RESOLUTIONS
J.1 Resolution to request the General Assembly AMEND the City
Charter by ADDING a new subsection re consolidation of the
ministerial aspects of the payroll, accounting and purchasing
functions of the City and the Virginia Beach School Board.
J.2. Agricultural Reserve Program (ARP):
Resolution re Program Documents to implement the Program:
Ordinance re Easement Acquisition
Deed of Easement
Installment Purchase Agreement
Disclosure Statement
Bond Counsel Opinion
Offer to Purchase
Seller's Affidavit
Subordination Agreement
Tax Certificate/Compliance Agreement
December 19, 1995
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,4GENDA RE VIEW SESION
ITEM # 40183
Councilman Dean referenced:
ICI Ordinance re restructuring of the balance of the loans and
accrued interest to the Virginia Beach Development Authority;
and, authorize the City Manager to execute the necessary
documents.
Councilman Dean advised as both he and Councilman Jones had been il~ they had not been able to meet
to discuss this itent Councilman Jones is the City's liaison with the Development Authority. A business
plan had not been presented to City Council to determine how and when the Development Authority will
pull themselves out of this problem of debt.
Vice Mayor Sessoms advised this Ordinance is a "band a/d" approach. The Development Authority is
doing extremely well with the sale of property. A debt at NationsBank needs to be paid as soon as possible
for the benefit of the taxpayer and the City. This Ordinance will allow the City to take the proceeds of
land sales and apply toward the debt at NationsBanlc The staff of the Development Authority has
conferred with NationsBank and they are in agreement with the format of repayment. The City will not
recoup all of the funds owed by the Development Authority. This Ordinance will be the first phase of the
business plan for repayment of debt.
Councilman Jones advised there are two forms of debt involved: (1) debt to ourselves (the City) and (2)
debt to an outside party.
Mark Wawner, Economic Development, advised the loan is structured with a monthly principal payment.
However, with any land sale the release fee or the loan payment is credited against future principal
payments. Currently with the on line sale, the Development Authority was able to make a reduction in the
loan, which gave a credit towards the monthly principal payments for a certain period of time.
Patricia Phillips, Director of Finance, advised Attachment B of the Policy Report presented to City
Counci~ indicated the calendar 1995 principal payments are $46,020 per month plus interest. The 1996
calendar principal payments are $61,501 and it increases each year.
ITEM # 4O184
Mayor Oberndorf advised there will be residents of Chesapeake Beach speaking relative making their
beach public.
Ordinance to authorize the City Manager to execute a license
agreement for the Chesapeake Bay Bridge Tunnel District re
placement of beach-quality sand in the City-owned Lynnhaven
Inlet Stockpile Area.
ITEM # 40185
Councilman Dean requested discussion relative:
Ordinance to authorize a temporary encroachment into a
portion of the City's right-of-way of Southern Boulevard at
Constitution Drive to Columbus Center Associates re
fulfillment of applicant's parking space requirements and that
Petitioner bear all costs and expenses.
Councilman Dean inquired as to the worth of Parcel B encroachment and why the City is not being
compensated at the same price as Parcel A. The City Manager advised the City is retaining the ownership
in Parcel B and there are easements. The encroachment can be removed at City Council's direction.
December 19, 1995
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AGENDA REVIEW SESION
ITEM # 40186
BY CONSENSUS of City Counci~ the following items shall compose the CONSENT AGENDA:
ORDINANCES
K1
Ordinance re restructuring of the balance of the loans and
accrued interest to the Virginia Beach Development Authority;
and, authorize the City Manager to execute the necessary
documents.
K2
Ordinance to APPROPRIATE $1,127,084 from Aetna Fire and
Casualty Company to the Schools' Self-Insurance Fund re
expenses related to operational and fire damage expenses
associated with the Princess Anne High School Fire; and,
increase estimated revenues accordingly.
IC3 Norfolk Southern Rail-Thalia Road Grade Crossing:
Resolution to request the Virginia Department of Transportation
(VDOT) program an urban highway project for improvements
at this crossing. The City agrees to pay its pro rata share.
Ordinance to ACCEPT and APPROPRIATE a $63,000 Grant
from VDOT; authorize use of Urban Allocation funding as the
required City match re improving the grade crossing; and,
increase estimated revenues accordingly.
K. 4
Ordinance to authorize a $2,979 TRANSFER from the General
Fund Reserve for Contingencies to reimburse the Water and
Sewer Fund re the costs of water and sewer fees associated
with the construction of a Habitat for HUMANITY HOUSE on
Carver Avenue (LYNNHAVEN BOROUGH).
(Requested by Council Lady Nancy lC. Parker)
IC7 Ordinances to authorize license refunds in the amount of
$9,110.53.
December 19, 1995
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ITEM # 40187
Mayor Oberndorf called to order the INFORMAL SESSION of the I~IRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, December 19, 1995, at 1:20 P.M.
Council Members Present:
John A. Baum, Linwood O. Branct~ III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Absent:
Nancy I~ Parker
December 19, 1995
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ITEM tt 40188
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTII~
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amendea~ for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit: Appointments - Boards and Commissions:
Agriculture Advisory Commission
Chesapeake Bay Preservation Area Board
Community Services Board
Planning Commission
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
l~tke Gaston Water Supply Project
EDIP Funds.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
December 19, 1995
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FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
December 19, 1995
2:00 P3/I.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 19, 1995, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Absent:
Nancy IC Parker
[IN CHARLOTTE, NORTH CAROLINA,
FA THER TERMINALLY ILL]
INVOCATION:
Dr. Chuck Wickman
Kempsville Presbyterian Church
A special prayer was said on behalf of Council Lady Parker's father and her family.
PLEDGE OF AI2,EGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessorns' letter of January 10, 1995, is hereby made a part of the record.
December 19, 1995
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Item IV-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 40189
Upon motion by Vice Mayor Sessoms, seconded by Council lardy Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
l,~oting : 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhom
Council Members F'oting Nay:
None
Council Members Absent:
Nancy IC Parker
December 19, 1995
Beso u on
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: Thc Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to thc affirmative vote recorded in ITEM # 401811 Page No. 10 and in accordance with
thc provisions of Thc Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of thc Code of Virginia requires a certification by thc
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, Co) only such public business matters
as were identified in the motion convening this Executive Session were heard, disct~sed or
considered by Virginia Beach City Council.
1~ Hodges ~mith, CMC/AAE
City Clerk
Dcccmbcr 19, 1995
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Item IV-F. 1.
MINUTES
ITEM # 40190
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of December 12, 1995.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
December 19, 1995
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Item IV-G,
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 4O191
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
AND, ADDED:
Councilman Harrison's presentation for City Council's consideration:
Redistricting Plan D-2.
Resolution opposing HB-1 re Council candidates being identified on the
Ballot as affiliated with a political party.
A PUBLJC HEARING for 2 January 1996: Charter Amendment re
election of School Board Members in the November General Elections
beginning in 1998.
December 19, 1995
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Item IV-L1.
ITEM # 40192
Mayor Oberndorf DECLARED A PUBLIC HEARING:
PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF VIRIGNIA BEACH
CONSOLIDATION OF CITY OF I~IRGINIA
BEACH AND DEPARTMENT OF
EDUCATION RE: PAYROLL, ACCOUNTING
AND PURCHASING FUNCTIONS.
The .following spoke in OPPOSITION to the consolidation:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925,
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 19, 1995
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Item IV-J.
CONSENT AGENDA
ITEM # 40193
RESOLUTIONS
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROI~ED in one
motion Resolutions 1 and 2 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Notle
Council Members Absent:
Nancy lC Parker
December 19, 1995
-17-
Item IV-J. 1.
CONSENT A GEND,4
ITEM # 40194
RESOLUTIONS
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Resolution to request the General Assembly AMEND the City Charter by
ADDING a new subsection re consolidation of the ministerial aspects of
the payroll, accounting and purchasing functions of the City and the
Virginia Beach School Board.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
December 19, 1995
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A RESOLUTION REQUESTING THE GENERAL ASSEMBLY
TO AMEND THE CITY CHARTER BY ADDING A NEW
SUBSECTION PROVIDING FOR CONSOLIDATION OF THE
MINISTERIAL ASPECTS OF THE PAYROLL, ACCOUNTING
AND PURCHASING FUNCTIONS OF THE CITY AND THE
SCHOOL BOARD
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WHEREAS, the City of Virginia Beach desires the General
Assembly to amend the City's Charter;
WHEREAS, § 15.1-835 of the Code of Virginia provides that
"[i]n lieu of the election [referendum] provided for in S 15.1-834,
a county or municipal corporation desiring the General Assembly...
to amend its existing charter may hold a public hearing with
respect thereto, at which citizens shall have an opportunity to be
heard to determine if the citizens of the county or municipal
corporation desire that the county or municipal corporation request
the General Assembly...to amend its existing charter";
WHEREAS, pursuant to the provisions of § 15.1-835, the
City of Virginia Beach advertised a notice of public hearing and an
informative summary of the proposed Charter amendment at least ten
days prior to the scheduled public hearing;
WHEREAS, the aforementioned public hearing was held on
December 19, 1995; and
WHEREAS, based on the comments received from citizens at
the public hearing, City Council desires to proceed with requesting
the General Assembly to amend the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That, pursuant to ~ 15.1-835 of the Code of Virginia, the
General Assembly is hereby requested to introduce a bill in its
1996 Session to amend the Virginia Beach City Charter in the manner
provided in the "Proposed Amendment to the Charter of the City of
Virginia Beach" which is attached hereto as Exhibit A, and is
hereby incorporated by reference.
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BE IT FURTHER RESOLVED:
That the City Clerk is hereby directed to transmit (1)
the publisher's affidavit showing that a notice of public hearing
and informative summary were duly advertised as required by S 15.1-
835 of the Code of Virginia; (2) certification that the advertised
public hearing was held at the Council's regularly-scheduled
meeting on December 19, 1995; and (3) a certified copy of this
Resolution, to one or more members of the City's local delegation
to the General Assembly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19 day of December , 1995.
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CA-6156
ORDIN\NONCODE\ CONSOLID . RES
R-1
PREPARED: 12/05/95
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APPROVED AS TO LEGAL
SUFFICIENCY
E__~'~__'r B'r T A
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PROPOSED AMENDMENT TO THE CHARTER OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW
SUBSECTION (b) TO SECTION 16.01 PERTAINING TO
CONSOLIDATION OF THE CITY'S AND SCHOOL BOARD'S
PAYROLL, ACCOUNTING AND PURCHASING FUNCTIONS
Sec. 16.01. Composition of department.
(a) The department of education shall consist of the city
school board, the division superintendent of schools and the
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officers and employees thereof. Except as otherwise provided in
this Charter, the city school board and the division superintendent
of schools shall exercise all the powers conferred and perform all
the duties imposed upon them by general law.
(b) Notwithstanding any provision of law, special or general,
to the contrary, effective July 1, 1996, the ministerial aspects of
the payroll, accounting and purchasing functions of the department
of education and the city shall be consolidated, and shall be
coordinated by the city's director of finance; provided, however
that this consolidation shall not be construed as relieving the
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city or the school board of the legal obl%gation to manage and
control their respective budgets.
- 18 -
Item/V'-J. 2.
CONSENT AGENDA
ITEM # 4O195
RESOLUTIONS
Lou Pace, 1908 Hunts Neck Court, spoke in OPPOSITION to the Resolutions.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Agricultural Reserve Program (ARP):
Resolution re Program Documents to implement the Program:
Ordinance re Easement Acquisition
Deed of Easement
Installment Purchase Agreement
Disclosure Statement
Bond Counsel Opinion
Offer to Purchase - As Revised)
Seller's Affidavit
Subordination Agreement
Tax Certificate/Compliance Agreement
Resolution to AMEND the City's Debt Management Policies
and Guidelines to include the Program.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara 3/1. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy I~ Parker
December 19, 1995
A RESOLUTION TO AMEND THE CITY'S
DEBT MANAGEMENT POLICIES AND
GUIDELINES TO INCLUDE THE
AGRICULTURAL RESERVE PROGRAM
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WHEREAS, on May 9, 1995, the Virginia Beach City Council
established the Agricultural Reserve Program for the preservation
of agricultural lands within the City; and
WHEREAS, City Council provided funding for the program
with a dedication of one and one-half cents ($0.015) of the real
property tax and other general fund revenues and proposed the
issuance of installment purchase agreements as general obligation
indebtedness of the City; and
WHEREAS, the city has not utilized this type of debt
instrument in the past, nor do the City's debt policies address
this type of debt; and
WHEREAS, the City's Financial Advisor, Government Finance
Associates, has advised that the City address this issuance in
relation to its debt management practices, particularly for the
benefit of the rating agencies;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the following statement be incorporated into the
City's debt management policies and guidelines:
The City recognizes the Agricultural Reserve Program as
a unique undertaking that provides the City the
opportunity to preserve its agricultural community and
industry which will be an enhancement to its economic and
cultural amenities. The program utilizes installment
purchase agreements which pledge the City's full faith
and credit and offer advantages to the City and the
landowner. The City Council currently has no intention
to employ installment purchase agreements for any purpose
in addition to the &gricultural Reserve Program.
- 19 -
Item IV-K3.
CONSENT AGENDA
ITEM # 40196
RESOLUTIONS
The following spoke in SUPPORT of the Resolution:
Buddy King, 200 Presidential Boulevard, Phone; 340-0478
Helen Shropshire, 5908 Tajo Avenue, Phone: 461-3040, Chair -Advisory Board, Department of Social
Services
Helen T. Powell, 228 Rocky Mount Road,
John McFarland, 557 Rosemont Road, Phone; 486-7053
Reba McClanan, 3224 Burnt Mill Road, Phone: 340-8835
The following spoke in SUPPORT of the Social Services Building at the intersection of Rosemont and
Sentara Way:
Michael J. Barrett, 1829 Eden Way, CEO, Runnymede Corporation
Ivy Burnham, 3751 Sentara Way, represented Sentara Health Systems
A motion was made by Councilman Jones, seconded by Councilman Harrison, to ADOPT AS
AMENDED: Resolution to select the site for construction of a new Social Services Building; and, direct
the City Manager to expedite construction only on the site of the existing facility for the Department of
Social Services.
A SUBSTITUTE MOTION was made by Councilman Dean to Defer to the City Council Session of
January 28, 1996. Motion failed for lack of a Second.
Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council ADOPTED AS
AMENDED:
Resolution to select the site for construction of a new Social Services
Building; and, direct the City Manager to expedite construction only on
the site of the existing facility for the Department of Social Services.
*Section 5, page 2 shall read as follows:
5. That City Council hereby directs that any financing/lease agreement
be structured in such a way that the City owns the facility from the
beginning date it is placed in service, or, in the alternative, has the
option to purchase the facili~, at the end of the term of any a-lease; and
*Section 6, page 2 shall read as follows:
6. That City Council hereby authorizes City staff to enter into
discussions with the Virginia Beach Development Authority in an effort
to determine the least costly bert and most expeditious manner in which
to complete design, and construction and financing of the facdity and
report back to the Council within 60 da_vs.
December 19, 1995
- 20 -
Item IV-K $.
CONSENT AGENDA
ITEM # 40196 (Continued)
RESOLUTIONS
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., Harold
Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley and Louisa M. Strayhorn
Council Members Abstaining:
Robert lC. Dean
Council Members Absent:
Nancy K Parker
Councilman Dean ABSTAINED as he wished more feedback from the Community. He did not receive
enough information to vote, especially from the Civic League Members, on this item at this particular
time.
December 19, 1995
A RESOLUTION SELECTING THE SITE FOR
CONSTRUCTION OF A NEW SOCIALSERVICES BUILDING
AND DIRECTING THE CITY MANAGER TO EXPEDITE
CONSTRUCTION
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WHEREAS, since January of this year, City staff, pursuant
to Council direction, has been evaluating various options for
relocation of the Departments of Social Services and Health;
WHEREAS, the options evaluated included renovation of the
existing Social Services building, the construction of a new
facility on City-owned property, the lease of an existing facility,
and the lease of a build-to-suit facility from a private developer;
WHEREAS, the evaluation process included the issuance of
a Request for Interest ("RFI") requesting proposals from developers
interested in leasing an existing facility to the City, or building
a new facility to be leased to the City;
WHEREAS, on September 5 and November 28, 1995, public
hearings were held regarding sites on Independence Boulevard and
Rosemont Road, respectively; and
WHEREAS, based upon the comments received at these public
hearings, and upon its further consideration of the City's options,
City Council has determined that the City's most advantageous
option is to build a new facility on the site of the existing
Social Services building.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby rejects the Runnymede
Corporation proposal for a facility at the intersection of Rosemont
Road and Sentara Way;
2. That City Council hereby approves the construction
of a new Social Services building on the site of the existing
facility for the Department of Social Services only;
3. That the facility shall be a Class B office building
of approximately 75,000 square feet in size;
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4. That City staff is hereby authorized to begin design
of the facility using funds available in CIP Project # 3-023
(Social Services Building Repair and Relocation);
5. That City Council hereby directs that any
financing/lease agreement be structured in such a way that the City
owns the facility from the date it is placed in service, or in the
alternative, has the option to purchase the facility at the end of
the term of any lease; and
6. That City Council hereby authorizes City staff to
enter into discussions with the Virginia Beach Development
Authority in an effort to determine the least costly and most
expeditious manner in which to complete design, construction, and
financing of the facility and report back to the Council within 60
days.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19 day of December , 1995.
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CA-6177
NONCODE \ S SBLDG . RES
R-6
12/20/95
- 21 -
Item 1V-IC
CONSENT AGENDA
ITEM # 4O197
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
in one motion Ordinances 1, ~ 3 a.b., 4 and 7 of the CONSENT AGENDA.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R~ Jones, Mayor Meyera E.
Oberndoff, Vice Mayor William D. Sessotns, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert IC Dean and Nancy IC Parker
December 19, 1995
Item IV-K. 1
CONSENT AGENDA
ITEM # 40198
ORDIN,4NCES
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION.
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance re restructuring of the balance of the loans and accrued
interest to the Virginia Beach Development Authority; and, authorize the
City Manager to execute the necessary documents.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert IC Dean and Nancy IC Parker
December 19, 1995
ORDINANCE TO RESTRUCTURE THE
BALANCE OF THE LOANS TO THE VIRGINIA
BEACH DEVELOPMENT AUTHORITY
WHEREAS, the City Council recognizes the importance of a strong
5 economy to the citizens of the City of Virginia Beach; and
WHEREAS, the Virginia Beach Development Authority (VBDA) has
7 provided valuable services to the City Council in marketing Virginia Beach
8 development opportunities on the behalf of the City; and
WHEREAS, the VBDA has facilitated expansion of the city's tax base
10 through increased business investment and creation of employment opportunities
11 within the city; and
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WHEREAS, the City Council has made various infrastructure and other
13 loans to the VBDA with a balance of $6,256,137 (plus unrecorded accrued interest of
14 $1,305,331 for a total of $7,561,468) at June 30, 1995 with principal payment due
15 from the proceeds of sales at Oceana West Business Park; and
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WHERF~S, the VBDA has a loan with NationsBank (bank loan) for
17 Corporate Landing with an outstanding balance of $7,780,123; and
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WHEREAS, the City Council recognizes the importance of financially
19 supporting the economic development activities of the VBDA; and
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WHEREAS, local governments traditionally support development
21 authorities or other economic development activities.
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NOW, THEREFORE BE IT ORDAINED that effective June 30, 1995,
23 the City Council of the City of Virginia Beach hereby gives its approval for the
24 $6,256,137 balance of the debt and accrued interest owed to the City by the VBDA
25 to be structured and carded as an interest-free non-current debt with payment not
26 required until the current bank loan is satisfied, subject to the following: (1) VBDA
27 will incur no additional debt without the approval of City Council or its designee; (2)
28 Net revenues generated by sales at Oceana West Business Park will be used to reduce
29 the Bank Loan; (3) The City may demand payment in full of any unpaid principal on
30 June 30, 2015 if not fully paid prior thereto; and (4) Within six (6) months of the
31 date of the adoption of this ordinance all necessary documents shall have been
32 prepared and properly executed to effectuate the following: a) A modification of the
33 bank loan so as to allow prepayments of principal to be applied to the front-end
34 rather than the back-end of the principal loan balance: and b) A modification of the
35 loan documents between the City and the Authority to effectuate the terms of this
36 ordinance.
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BE IT FURTHER ORDAINED that the City Council of the City of
38 Virginia Beach hereby authorizes and directs the City Manager to execute the
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necessary documents to effectuate the terms of this Ordinance.
ADOPTED: December 19, 1995
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APPROVED AS TO LEGAL
SUFFICIENCY
43 (DEPARTMENT)
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ATTACHMENT A
~inia Beach Development Authorit LX_~_O~
Over the years, the city has made twenty-two ~nfrastructure and working capital loans to
VBDA Today, all but five of those loans have been repaid or otherwise sabsfied As of
June 30, 1995, the status of remaining city loans to VBDA was as follows.
Date of Interest Payment
12-03-74 6 89% Demand
O3-31-76 6.69% Demar~
12-27-91 6 71% Demand
05~26.92 6.64% Demand
"Old' Loans Subtotal
01-04-93 Variable(a)
TOTAL
Original Accrued Amounts
$ 300,000
500,000
$ 1,265,805
$ 7,265,805
$295,430
118,077
$ 743,199
$1,305,331
$ -0-
$1,009,668
$ 595,430
483.7!14
618,077
...........
$ 2,009,004
$ 7,561,468
(a) Interest rate varies based on city's average investment rate of return.
(b) Payment clue upon sale of the secured collateral--t.e., land in Oceans west or the 31st Street property.
(c) $4,990,332 principal and $562,132 interest.
F \USERS~LEJ EUNE~ORM S~Vi3 DAATA.~pD '
Item IV-lc2
CONSENT AGENDA
ITEM # 40199
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $1,127,084 from Aetna Fire and Casualty
Company to the Schoola' Self-Insurance Fund re expenses related to
operational and fire damage expenses associated with the Princess Anne
High School Fire; and, increase estimated revenues accordingly.
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
OberndorIS, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert lC Dean and Nancy lC Parker
December 19, 1995
AN ORDINANCE TO APPROPRIATE $ 1,127,084 FROM
AETNA FIRE AND CASUALTY COMPANY
TO THE SCHOOLS SELF INSURANCE FUND FOR
EXPENSES RELATED TO PRINCESS ANNE HIGH SCHOOL FIRE
WHEREAS, the School Division has incurred significant costs related to replacement of
6 furniture and materials, relocation of quarters, and other expenses caused by the Princess Anne
7 High School fire of September 1, 1995;
WHEREAS, the Aetna Fire and Casualty Company is the insurance carrier holding the
9 Princess Anne High School policy for the Virginia Beach City Public Schools; and
10
WHEREAS, the Aetna Fire and Casualty Company has made available an additional
11 payment of one million one hundred twenty-seven thousand eighty-four dollars ($1,127,084) for
12 the operational and fire damage expenses associated with the fire.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $1,127,084 from Aetna Fire and
15 Casualty Company be appropriated to the School Self Insurance Trust Fund for payment of
16 operational and fire damage expenses associated with the Princess Anne High School fire, and
17 that estimated revenues from insurance be increased by $1,127,084.
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This ordinance shall be effective on the date of its adoption.
19 Adopted by the Council of the City of Virginia Beach, Virginia on the 19 day of
December 1995
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21 Approved as to Content:
23 Walter C. Kraemer, Jr.
- I I II I I _ I I I1[ _ I I II
APPROVED AR TO
LEGAL SUFFIC:~,,,,,'.5','
I III ii I i
Bjmkl ~ob96yr~ord
- 24 -
Item IV-K.$
CONSENT AGENDA
ITEM # 40200
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Norfolk Southern Rail-Thalia Road Grade Crossing:
ADOPTED a Resolution to request the Virginia Department of
Transportation (VDOT) program an urban highway project for
improvements at this crossing. The City agrees to pay its pro rata share.
ADOPTED an Ordinance to ACCEPT and APPROPRIATE a $63,000
Grant from VDOT; authorize use of Urban Allocation funding as the
required City match re improving the grade crossing; and, increase
estimated revenues accordingly.
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf,, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert K. Dean and Nancy lC. Parker
December 19, 1995
PROJECT PROGRAMMING RESOLUTION
RAIL/HIGHWAY GRADE CROSSING PROJECT
WHEREAS, in accordance with Virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
Department program an urban highway project in the City of Virginia
Beach; now
THEREFORE BE IT RESOLVED, that the City of Virginia Beach,
Virginia, requests the Virginia Department of Transportation to
establish a project for the improvement of the Norfolk Southern
Ra±l-Thalia Road Grade Crossing.
BE IT FURTHER RESOLVED, that the City Council of Virginia
Beach hereby agrees to use urban allocation funds for the required
10% matching funds, and to pay its share, 2% of the 10.0% total
cost for preliminary engineering, right-of-way, and construction of
this project, and that if the City subsequently elects to cancel
this project, the City hereby agrees to reimburse the Virginia
Department of Transportation for the total amount of the costs
expended by the Department through the date the Department is
notified of such cancellation.
ADOPTED THIS 19 DAY OF December
CITY OF VIRGINIA BEACH, VIRGINIA
19 95
ATTEST BY:
MAYOR/CITY MANAGER
CLERK OF COUNCIL
D£PARTMkNI'
~PPROVED AS TO LEGAL
SUFFiCIENC ND FOR/",
CITY ATTOPNEY
AN ORDINANCE TO ACCEPT A GRANT FROM THE
VIRGINIA DEPARTMENT OF TRANSPORTATION IN THE
AMOUNT OF $63,000 AND TO AUTHORIZE THE USE OF
URBAN ALLOCATION FUNDING AS THE REQUIRED CITY
MATCH FOR THE PURPOSE OF IMPROVING THE NORFOLK
SOUTHERN RAIL - THALIA ROAD GRADE CROSSING
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WHEREAS, the Virginia Department of Transportation (VDOT)
has accepted an application from the City and approved grant funds
for a safety improvement project of the Norfolk Southern Rail -
Thalia Road Grade Crossing;
WHEREAS, improvements under consideration for the Norfolk
Southern Rail - Thalia Road Grade Crossing will be designed to
reduce the potential for future accidents at this location;
WHEREAS, the project is estimated to cost $70,000 and the
grant requires a 10% match in local funding, or $7,000 of the
project cost; and
WHEREAS, matching funds are available from the City's
urban allocation funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a grant in the amount of $63,000 from the
Virginia Department of Transportation for improvements to the
Norfolk Southern Rail - Thalia Road Grade Crossing is hereby
accepted and appropriated to CIP Project # 2-285 (Traffic Safety
Improvements);
2. That City Council hereby authorizes the use of
$6,860 in urban allocation funds as the City's required local match
for this project;
3. That city Council hereby authorizes the use of $140
from CIP Project # 2-285 as the City's required 2% match of urban
allocation funds; and
4. That estimated revenues from the Commonwealth of
Virginia are hereby increased by $63,000.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19 day of December , 1995.
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adoption.
This ordinance shall be in effect from the date of its
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CA-6170
ORDIN\NONCODE \NSRAIL. ORD
R-1
PREPARED: 12 / 13 / 95
APPROVED AS TO CONTENT
Public Works
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APPROVED AS TO LEGAL
SUFFICIENCY
~D~epartment of Law
- 25 -
Item 1V-K. 4
CONSENT AGENDA
ITEM # 40201
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to authorize a $2,979 TRANSFER from the General Fund
Reserve for Contingencies to reimburse the Water and Sewer Fund re
the costs of water and sewer fees associated with the construction of a
Habitat for HUMANITY HOUSE on Carver Avenue (LYNNHAVEN
BOROUGH). (Requested by Council Lady Nancy IC Parker)
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P~ Jones, Mayor Meyera E.
Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert K. Dean and Nancy K. Parker
December 19, 1995
Requested by Councilmember Nancy K. Parker
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AN ORDINANCE AUTHORIZING THE TRANSFER OF
$2,979 FROM THE GENERAL FUND RESERVE FOR
CONTINGENCIES FOR THE PURPOSE OF REIMBURSING
THE WATER AND SEWER FUND FOR THE COSTS OF
WATER AND SEWER FEES ASSOCIATED WITH THE
CONSTRUCTION OF A HABITAT FOR HUMANITY HOUSE
WHEREAS, a Habitat for Humanity house is being built by
Virginia Beach United Methodist Church on Carver Avenue in the
Lynnhaven Borough;
WHEREAS, the cost of construction of the house includes
water and sewer fees in the amount of $2,979; and
WHEREAS, the City of Virginia Beach wishes to show its
support for this project by reimbursing the Water and Sewer Fund,
as a charitable gift to Habitat for Humanity, for the costs of such
water and sewer fees.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby authorizes the transfer of
$2,979 from the General Fund Reserve for Contingencies for the
purpose of reimbursing the Water and Sewer Fund, as a charitable
gift to Habitat for Humanity, for the costs of water and sewer fees
associated with construction of a Habitat for Humanity house on
Carver Avenue in the Lynnhaven Borough.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19day of December , 1995.
CA-6036
ORDIN\NONCODE\HABIT. ORD
R-1
PREPARED: 12/13/95
APPROVED AS TO LEGAL
epartment of Law
- 26 -
Item IV-It5
ORDINANCES
ITEM # 40202
The following did not register FOR or AGAINST:
John G. Wallace, 637 Rock Drive, Chesapeake 23323, Phone: 485-4373, President Carpenters Local
13, expressed concern relative omission of no testing program to assure the sand will be of beach quality
and suggested a random testing program.
Phillip Vaughan, 603 Carlton Drive, Newport News Phone: 825-1867, also expressed concern relative
quality of sand and requested a testing program be conducted.
The following registered in OPPOSITION:
Richard Bell, 1504 Stace Court, Phone: 552-6966, landowner in Chesapeake Beach
Linda Bell Ahladus, 964 Autumn Harvest Drive, Phone: 474-9500, landowner in Chesapeake Beach
Bruce Mills, owner of 4 lots at Chesapeake Park, fronting the Chesapeake Bay
Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to authorize the City Manager to execute a license agreement
for the Chesapeake Bay Bridge Tunnel District re placement of beach-
quality sand in the City-owned Lynnhaven Inlet Stockpile Area at Shore
Drive and Lesner Bridge (BAYSIDE BOROUGH).
The City Manager shall work with property owners to acquire the necessary dedications.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones,
Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy I~ Parker
December 19, 1995
AN ORDINANCE AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE A LICENSE AGREEMENT
FOR THE CHESAPEAKE BAY BRIDGE TUNNEL DISTRICT
TO PLACE BEACH QUALITY SAND IN THE CITY-OWNED
LYNNHAVEN INLET STOCKPILE AREA
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WHEREAS, the City has a dredged sand placement area in
the city-owned Lynnhaven Inlet Sand Stockpile adjacent to the
southwest corner of Lesner Bridge on Shore Drive, hereinafter
referred to as "Placement Area"; and
WHEREAS, the Chesapeake Bay Bridge Tunnel District, a
political subdivision of the Commonwealth of Virginia, hereinafter
referred to as "CBBTD," has applied for permits to dredge a channel
at Crump's Bank in the Chesapeake Bay; and
WHEREAS, the CBBTD has requested permission from the City
to give the City beach quality sand dredged from the Crump's Bank
channel by placing it in the Placement Area; and
WHEREAS, the City has a need for additional beach quality
sand for its beach replenishment program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the attached License Agreement for the placing and
granting the City the ownership of beach quality sand from the
CBBTD's dredging of the Crump's Bank channel is hereby approved and
the City Manager be and hereby is authorized to execute the
agreement on behalf of the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19 day of December , 1995.
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CA-6194
ORDIN\NONCODE \CBBTD. ORD
R-1
PREPARED: 11 / 20 / 95
APPROVED AS TO LEGAL
SUFFICIENCY
Department of
Ill
Iml
Iml
C.B.B.~.
z
13::
13._
Z
Li.I
0
ROOKERY
Zo
DREDGED SAND PLACEMENT AREA
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this
VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, hereinafter referred to as "CITY", and the CHESAPEAKE BAY
BRIDGE AND TUNNEL DISTRICT, a political subdivision of the
Commonwealth of Virginia, hereinafter referred to as "CBBTD",
having a principal place of business at 32386 Lankford Highway, P.
O. Box 111, Cape Charles, Virginia 23310;
WHEREAS, the CITY has a dredged sand placement area in
the city-owned Lynnhaven Inlet Sand Stockpile adjacent to the
southwest corner of Lesner Bridge on Shore Drive, hereinafter
referred to as "Placement Area"; and
WHEREAS, the CBBTD has applied fo~ permits to dredge a
channel at Crump's Bank in the Chesapeake Bay; and
WHEREAS, the CBBTD has requested permission from the CITY
to give the CITY beach quality sand dredged from the Crump's Bank
channel by placing it in the Placement Area; and
WHEREAS, the CITY has a need for additional beach quality
sand for its beach replenishment program.
NOW, THEREFORE, THIS LICENSE AGREEMENT WITNESSETH, that,
for and in consideration of the mutual and public benefits derived
from CBBTD's dredging of the aforesaid Crump's Bank channel and
granting the CITY the ownership of beach quality sand therefrom,
the CITY does hereby authorize CBBTD and its contractor the license
to enter, occupy and use the Placement Area pursuant to the
following terms and conditions:
1) Costs of Improvements: Any and all improvements to
the above described Placement Area necessary to accommodate the
material from Crump's Bank channel dredging will be made by the
CBBTD or its contractor at no cost to the CITY.
2) Desiqn Requirements: All improvements to the
Placement Area and plans for its use will be designed by a
qualified professional engineer and be in compliance with all
applicable federal, state and local development standards and
policies. All plans must be reviewed and approved by the CITY
prior to commencement of disposal activities.
3) Material Ouality: The material to be placed within
the Placement Area is limited to beach quality sand dredged from
the Crump's Bank parallel crossing construction access channel.
For the purposes of this Agreement, beach quality sand is defined
as clean sand having a median diameter no less than 0.20 mm and
containing no more than 5% fines.
4) Hazardous Substances: No hazardous substance shall
be a part of the dredged material placed on the Placement Area.
The following definition of terms apply to Paragraphs 3,
4, and 5 herein:
(i) "Hazardous Substances" means asbestos and any
and all pollutants, dangerous substances, toxic substances,
hazardous wastes, hazardous materials and hazardous substances as
referenced or defined in the Resource Conservation and Recovery Act
(42 U.S.C. 6901, et seq.), as amended, the Federal Insecticide,
Fungicide and Rodenticide Act (7 U.S.C. 135, et seq.), as amended,
the Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. 9601, et seq.), as amended, and the Toxic
Substance Control Act (15 U.S.C. 2601, et seq.) as amended, or such
other local, state, or federal statutes, ordinance, rule or order
known to the CBBTD or its agents or assigns involved in the
dredging of the material before or during the depositing of
material at the Placement Area or brought to their attention by the
CITY during said time.
(ii) "Release"means placing, releasing, depositing,
spilling, leaking, pumping, emitting, emptying, discharging,
injecting, escaping, leaching, disposing or dumping.
(iii) "Environmental Condition" means any
condition, including, without limitation, the Release of Hazardous
Substances, located on or affecting the Placement Area that could
require remedial action and/or may result in claims, demands,
liabilities, costs and/or expenses to the CITY caused by the
violation of Paragraphs 3, 4, and 5.
(iv) "Notice" means any written, civil,
administrative or criminal summons, citation, directive, order,
claim, litigation, investigation, proceeding, judgment, letter or
other communication from the United States Environmental Protection
Agency ("USEPA"), the Virginia Department of Envirohmental Quality,
or other federal, state or local agency or authority, or any other
entity or any individual, concerning any intentional or
unintentional act or omission which has resulted or which may
result in the Release of Hazardous Substances on or into the
Placement Area or otherwise relates to an Environmental Condition.
5) Environmental Covenants and Warrants: CBBTD
covenants, represents and warrants to the CITY that: a) CBBTD, its
contractors, agents or employees, shall immediately notify the CITY
and be responsible for remediation and damages if it receives
Notice as defined above; (b) CBBTD, its contractors, agents or
employees, will not cause or permit any Environmental Condition on
or affecting the Placement Area; and c) CBBTD, its contractor,
agents or employees, will not cause or permit the Release,
generation, manufacture, transport, treatment, storage, handling,
disposal, transfer, production or processing of Hazardous
Substances or other dangerous or toxic substances or solid wastes
in the Placement Area. CBBTD further covenants, represents and
warrants it will indemnify, defend, reimburse and hold harmless the
CITY from any action, suit, proceeding, claim, investigation,
citizen suit or review pending or threatened against or affecting
the Placement Area arising from its entering, occupying, or use of
the Placement Area. Should any Notice of such an action, suit,
proceeding, claim, investigation of citizen suit be received, it
will be immediately forwarded to the Office of the City Attorney of
the City of Virginia Beach, Virginia.
6) Permit Disclaimer: This Agreement will not be
construed as approval of any dredging permit applications by the
CITY.
7) Schedulinq and Information Requirements: CBBTD will
provide Notice to the CITY at least two (2) weeks prior to
commencement of disposal operations. This requirement does not
obviate other reporting requirements outlined in the permits.
8) Use Limitations: Use of aforesaid Placement Area by
CBBTD is hereby limited to the disposal of approximately 100,000
cubic yards of dredged beach quality sand material having a minimum
grain size of 0.20 mm and a maximum of 5% fines, as measured within
the channel, and placement in the Placement Area to a maximum
elevation of 20 feet above the National Geodetic Vertical Datum
(1972 adjustment) within the retaining dike.
9) Site Condition at Completion: CBBTD will maintain
the Placement Area in accordance with the applicable requirements
of the CITY and Commonwealth of Virginia with respect to erosion
and sedimentation control. The outfall spillbox will be kept in
good working condition and clear of debris during the depositing of
material and be functional upon the completion of the pumping
operation.
10) Site Attendant: CBBTD will provide a Placement Area
attendant, with work experience in dredging operation, on-site at
all times during dredged material placement operations under the
terms of this Agreement. The attendant will keep close and careful
watch over the Placement Area to detect leakage or spillbox failure
and provide security surveillance. At all times, the attendant
will be in radio contact with representatives of the dredging
contractor to alert the contractor of serious conditions which
require assistance to control.
11) Misplaced Material: CBBTD and/or its contractor
will take all precautions that in the opinion of the CITY are
reasonably necessary to prevent the escape of dredged material from
the Placement Area. In the event any leaks occur in the discharge
line, or any breaks or overflow of the retaihing dike or spillbox,
the contractor will be required to discontinue dredging operation
until such leaks in the line, or breaks or overflow of the
retaining dike or spillbox are remedied and the misplaced material
recovered at the expense of CBBTD and/or its contractor to the
satisfaction of the CITY.
12) Transfer of Riqhts and Privileges: It is expressly
agreed that the rights and privileges granted in this Agreement are
not transferrable.
13) Termination: The rights and privileges in this
License Agreement shall expire on or before January 1, 1998. The
CITY may, at its option and upon written notlce to CBBTD, suspend
or revoke this Agreement as the result of CBBTD's failure to comply
with the terms and conditions described herein. CBBTD may
terminate this Agreement by written notice to the CITY of
completion of work or upon written notice to the CITY of its
abandonment of the dredging project. Within thirty (30) days of
termination by either party or upon expiration, the CITY will make
a final inspection of the site to determine compliance with the
terms and conditions contained herein. Any defects discovered by
said final inspection will be reported to CBBTD in writing and
corrected by CBBTD prior to termination or release of CBBTD from
this Agreement. CBBTD shall be deemed to have complied with this
Agreement except as to those matters, if any, that the CITY, after
its inspection and report, gives written notice to CBBTD of claimed
violations.
14) Applicable Law: This Agreement will be governed as
to all matters whether of validity, interpretation, obligation,
performance or otherwise exclusively byI the laws of the
Commonwealth of Virginia, and all questions arising with respect
thereto will be determined in accordance with such laws.
Regardless of where actually delivered and accepted, this Agreement
will be deemed to have been accepted by the parties in the
Commonwealth of Virginia.
15) Compliance With All Laws: CBBTD will comply with
all federal, state and local statutes, ordinances and regulations
now in effect or hereafter adopted in the performance of the works
set forth herein. CBBTD represents that it possesses all necessary
licenses and permits required to conduct its business and will
acquire any additional licenses and permits necessary for
performance of this Agreement prior to initiation of work. CBBTD
further represents that it is a political subdivision in good
standing in the Commonwealth of Virginia and will remain in good
standing throughout the term of this Agreement. CBBTD will at all
times observe all health and safety measures and precautions
necessary for the sanitary and safe performance of the work
described herein.
16) Venue: Any and all suits for any claims or for any
and every breach or dispute arising out of this Agreement will be
maintained in the appropriate court of competent jurisdiction in
the City of Virginia Beach.
17) Hold Harmless: It is understood and agreed that
CBBTD hereby assumes the entire responsibility and liability to the
extent provided by law for any and all damages to persons or
property caused by or resulting from or arising out of any act or
omission on the part of the CBBTD, its contractors, agents, or
employees, under or in connection with t~is Agreement or the
performance or failure to perform any work allowed by this
Agreement. CBBTD will, upon written demand by the CITY, assume and
defend at CBBTD's sole expense, any and all such claims or suits
and will save harmless the CITY, its officers, employees and agents
from the payment of any lawful judgments entered against the CITY,
its officers and/or agents under this Agreement by reason of the
failure of CBBTD to comply with the terms and conditions of this
Agreement.
18) Modification: There may be no modification of this
Agreement, except in writing, executed by the authorized
representatives of the CITY and CBBTD.
19) Notices: All notices, requests, demands, and other
communications required or permitted to be given under the terms of
the Agreement will be deemed to have been duly given if in writing
and delivered personally, given by prepaid telegram, or mailed by
first-class (postage-prepaid), registered, or certified mail as
follows:
If to CITY, to: Phillip J. Roehrs, Coastal Engineer
Office of Beach Management
Municipal Center
Virginia Beach, Virginia 23456
If to CBBTD, to: James K. Brookshire, Jr.,
Executive Director
Chesapeake Bay Bridge and Tunnel
District
32386 Lankford Highway
P. O. Box 111
Cape Charles, Virginia 23310
Either party may change the address to which such communications
are to be directed by giving written notice to the other party in
the manner provided herein. Any notice, request, demand or other
communication made pursuant to this Agreement will be deemed to
have been received by the addressee at ~uch time as it is
personally delivered or on the third business day after it is
mailed, as the case may be.
20) The obligations of CBBTD under this Agreement shall
survive the expiration and termination of this Agreement for the
purposes set forth hereinabove, but nothing herein shall prohibit
9
any lawful or legal defense available in the defense of any claims,
demands or suits of third parties.
As evidence of this Agreement to the terms and conditions
set forth herein, the parties affix their authorized signatures
hereto.
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
Ruth Hodges Smith
City Clerk
CHESAPEAKE BAY BRIDGE AND TUNNEL DISTRICT
&~Ames K.
Executive Director
(SEAL)
ATTEST:
..... ~ ~etary
10
DEPARTMENT
LECAL'SUFFICIENCY
COMMONWEALTH OF VIRGINIA
CITY OF , to-wit:
I, the undersigned, a Notary Public in and for the City
and State aforesaid, do hereby certify that ,
City Manager/Authorized Designee of the City Manager, whose name is
signed to the foregoing instrument, bearing date on the day
of , 199 , has acknowledged the same before me in
my City and State aforesaid.
Given under my hand this day of ,
199 .
My Commission Expires:
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF , to-wit:
I, the undersigned, a Notary Publi~ in and for the City
and State aforesaid, do hereby certify that RUTH HODGES SMITH, City
Clerk, whose name is signed to the foregoing instrument, bearing
date on the day of , 199 ., has acknowledged
the same before me in my City and State aforesaid.
Given under my hand this day of ,
199 .
My Commission Expires:
Notary Public
11
COMMONWEALTH OF VIRGINIA
~OF ~o~+homD%o~ , to-wit:
·
I, the undersigned, a Notary Public in and for the
and State aforesaid, do hereby certify that JAMES K. BROOKSHIRE,
JR., Executive Director, on behalf of the Chesapeake Bay Bridge and
Tunnel District, whose name is signed to the foregoing instrument,
bearing date on the I~ day of k)~)~%rnb~ , 199~__, has
acknowledged the same before me in my ~ and State aforesaid.
I
Given under my hand this ~~ day of ~ou~r~b~- ,
199.~ .
My Commission Expires:
COMMONWEALTH OF VIRGINIA
C-t4=P OF A3o~Orn.D+o_~/ , to-wit:
I, the undersigned, a Notary Public in and for the ~
and State aforesaid, do hereby certify that~.n_$. ~.~o~~.,
U . '
Secretary, on behalf of the Chesapeake B~y Bridge and Tunnel
,
District, whose name is signed to the foregoing instrument, bearing
date on the I~kday of ~Ov~o_~n , 1995, has acknowledged
the same before me in my ~~and State aforesaid.
12
·
Given under my hand this
Notary P~blic ~
My Commission Expires:
ORIGINALS EXECUTED IN DUPLICATE: ONE COPY TO THE CITY OF VIRGINIA BEACH
ONE COPY TO CHESAPEAKE BAY BRIDGE AND TUNNEL DISTRICT
13
- 27 -
Item IF- K 6
ORDINANCES
ITEM # 40203
Michael C. Ashe, AIA, Architect, The TAF Group, 100 Landmark Square, Phone: 340-0322
Gerald Divaris, Presidneg Columbus Center Associates, advised they gave the City a 30-foot wide
easement at the front of the property (comprising 12,450 square feet - that is front feeO. The applicant
is requesting from the City 4,164 square feet (back feeO. The front foot is probably 50% more in dollar
value than the back foot.
Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of the
City's right-of-way of Southern Boulevard at Constitution Drive to
Columbus Center Associates re fulfillment of applicant's parla'ng space
requirements and that Petitioner bear all costs and expenses,
The following conditions shall be required:
1. The owner agrees to remove the encroachment when notified by
the City of Virginia Beach, at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
The owner must obtain building and right-of-way permits
from the Planning Department/Permits and Inspections.
The owner must submit and have approved, a traffic control
plan before commencing work within the City's right-of-way.
The owner agrees to carry General Liability Insurance in an
amount not less than $500,000 and have the City named
additional insured.
The owner agrees to submit, and have approved by the City's
Board of Zoning Appeals, a request for off-site parla'ng within
the area of the encroachment.
The owner agrees to provide and install improvements in
accordance with the plans entitled "SKETCH VIEW FIVE
COLUMBUS CENTER DIVARIS REAL ESTATE THE TAF
GROUP ARCH1TECTURE/ENGINEERING/CONb~R UCTION';
dated 5/26/95 and revised 12/7/95, "STREET SECTIONS FIVE
COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA, Sheet
No. A1.1", dated 12/7/95 and "SITE PLAN OF FIVE
COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA, Sheet
No. C1 ", dated 12/5/95, which plans are on file in the office of
the Development Services Center of the City of Virginia Beach.
December 19, 1995
Item
ORDINANCES
ITEM # 40203 (Continued)
Voting: 10-0
Council Members l/oting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members l/oting Nay:
None
Council Members Absent:
Nancy IC Parker
December 19, 1995
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AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY OF SOUTHERN
BOULEVARD TO COLUMBUS
CENTER ASSOCIATES, ITS
ASSIGNS AND SUCCESSORS 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,
Columbus Center Associates, its assigns and successors in title are
authorized to construct and maintain a temporary encroachment into
the right-of-way of Southern Boulevard near its intersection with
Constitution Drive.
That the temporary encroachment herein authorized is for
the purpose of constructing and maintaining a paved parking lot 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 Southern Boulevard, on the
certain plat entitled:
"ENCROACHMENT EXHIBIT "A" FOR FIVE
COLUMBUS CENTER VIRGINIA BEACH,
VIRGINIA," a copy of which is on
file in the 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 Columbus Center Associates, its assigns and successors in
title and that within thirty (30) days after such notice is given,
said encroachment shall be removed from the City's right-of-way of
Southern Boulevard and that Columbus Center Associates, its assigns
and successors in title shall bear all costs and expenses of such
removal.
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AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Columbus Center Associates, its assigns and
successors in title, hereinafter referred to as Party of the Second
Part, shall indemnify and hold harmless the City of Virginia Beach,
its agents and employees from and against all claims, damages,
losses and expenses including reasonable attorney's fees in case it
shall be necessary to file or defend an action arising out of the
location or existence of such encroachment.
AND, PROVIDED FURTHER, that the Party of the Second Part
agrees to maintain said encroachment so as not to become unsightly
or a hazard.
AND, PROVIDED FURTHER, that the Party of the Second Part
must obtain building and right of way permits from the Planning
Department/Permits and Inspections.
AND, PROVIDED FURTHER, that the Party of the Second Part
must submit and have approved, a traffic control plan before
commencing work within the City's right of way.
AND, PROVIDED FURTHER, that the Party of the Second Part
agrees to carry General Liability Insurance in an amount not less
than $500,000.00 and have the City named additional insured.
AND, PROVIDED FURTHER, that the Party of the Second Part
submits and has approved by the City's Board of Zoning Appeals, a
request for off site parking within the requested area of
encroachment.
AND, PROVIDED FURTHER, that the Party of the Second Part
shall provide and install, at no cost to the City, improvements in
accordance with the plans entitled "SKETCH VIEW FIVE COLUMBUS
CENTER DIVARIS REAL ESTATE THE TAF GROUP ARCHITECTURE ENGINEERING
CONSTRUCTION" dated 5/26/95 and revised 12/7/95, "STREET SECTIONS
FIVE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA Sheet No. Al.i" dated
12/7/95 and "SITE PLAN OF FIVE COLUMBUS CENTER VIRGINIA BEACH,
VIRGINIA SHEET NO. Cl" dated 12/5/95, which plans are on file in
the office of the Development Services Center of the City of
Virginia Beach.
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AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that an authorized officer of Columbus
Center Associates executes an agreement with the City of Virginia
Beach encompassing the aforementioned provisions and Columbus
Center Associates submits and obtains approval by the City's Board
of Zoning Appeals, a request for off street parking within the
requested area of encroachment.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19 day of December 95
, 19 .
:~PROVED AS TO CONTE:NT
APPROVED AS TO
LEGAL SUFFICIENCY
THIS AGREEMENT, made this {,Lm-~Wday of O~¢~%WF~ ,
19 ~', by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the first part, and
COLUMBUS CENTER ASSOCIATES, ITS ASSIGNS AND SUCCESSORS IN TITLE,
GRANTEE, party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a paved parking lot in the
City of Virginia Beach; and
WHEREAS, in constructing and maintaining such paved
parking lot, it is necessary that the said party of the second
part encroach into a portion of an existing City right of way
known as Southern Boulevard; and said party of the second part
has requested that the party of the first part grant a temporary
encroachment to facilitate such paved parking lot within a
portion of the City's right of way known as Southern Boulevard.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right of way known as
Southern Boulevard for the purpose of constructing and
maintaining such paved parking lot.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right of way known as Southern
Boulevard as shown on that certain plat
entitled: "ENCROACHMENT EXHIBIT "A" FOR
FIVE COLUMBUS CENTER VIRGINIA BEACH,
VIRGINIA," a copy of which is attached
hereto as Exhibit "A" and to which reference
is made for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right of way known as Southern Boulevard by the party of
the second part; and that the party of the second part shall bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part will indemnify and save harmless the
City of Virginia Beach and all its employees from and against all
losses and expenses incurred because of claims, demands,
payments, suits, actions, recoveries, and judgements of every
nature and description brought or recovered against them by
reason of any injuries to property or person, including death,
arising out of the City's approval of the encroachment described
herein.
The party of the second part agrees to obtain and keep
in force All Risk Property Insurance and General Liability or
such insurance as is deemed necessary by the party of the first
part, and all insurance policies must name the party of the first
part as additional named insured or loss payee, as applicable.
The party of the second part agrees to carry Comprehensive
General Liability Insurance in an amount not less than
$500,000.00, combined single limits of such insurance policy or
policies. The party of the second part will provide endorsements
providing at least thirty (30) days written notice to the party
of the first part prior to the cancellation or termination of, or
material change to, any of the insurance policies. The party of
the second part assumes all responsibilities and liabilities,
vested or contingent, with relation to the encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
3
It is further expressly understood and agreed that the
party of the second part must submit and have approved a traffic
control plan before commencing work in the City's right of way.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right of way.
It is further expressly understood and agreed that
#(prior to issuance of a Highway permit,) the party of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Five Hundred Thousand Dollars
($5o0,000.00).
It is further expressly understood and agreed that the
party of the second part shall provide and install, at no cost to
the City, improvements in accordance with the plans entitled
"SKETCH VIEW FIVE COLUMBUS CENTER DIVARIS REAL ESTATE THE TAF
GROUP ARCHITECTURE ENGINEERING CONSTRUCTION" dated 5/26/95 and
revised 12/7/95, "STREET SECTIONS FIVE COLUMBUS CENTER VIRGINIA
BEACH, VIRGINIA Sheet No. Al.i" dated 12/7/95 and "SITE PLAN OF
FIVE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA SHEET NO. Cl" dated
12/5/95, which plans are on file in the office of the Development
Services Center of the City of Virginia Beach.
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
,permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's right
of way encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
party of the second part; and if such removal shall not be made
within the time ordered hereinabove by this Agreement, the City
shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the said Columbus Center Associates
has caused this Agreement to be executed in its corporate name
and on its behalf by its president, and its corporate seal to be
hereto affixed and duly attested by its corporate secretary with
due authority by its board of directors. Further, that the City
of Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
~'ED AS TO CONTENT
DEPARTMENT
,D AS TO
SUFFICIENCY
Columbus Center Associates
a Virginia general partnership
By Urban Centers, Inc., a
Virginia corporation, General
Partner
By: ~
Gerald S. Divaris, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, /9~7-~/~/~ /~. /~m~J , a Notary Public
in and for the City and State aforesaid, do hereby certify that
GERALD S. DIVARIS, President on behalf of Urban Centers, Inc., a
Virginia Corporation, General Partner of Columbus Center
Associates, a Virginia General Partnership, whose name is signed
to the foregoing writing, bearing date the /~r~ day of
~¢ ~ ~~ , 19 ~ has acknowledged the same before
me in my City and State aforesaid.
Given under my hand this /~r~day of ~6¢F~ ~.~' ,
My Co~mission Expires: ! ~/X//~
Notary Public
- 29 -
Item IV-IC 7
CONSENT AGENDA
ITEM # 40204
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance authorizing license refunds in the amount of $9,110.$3 upon
application of certain persons and upon Certification of the
Commissioner of the Revenue.
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E.
Oberndo~ Vice Mayor William D. Sessorns, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert IC Dean and Nancy IC Parker
December 19, 1995
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE Crl'Y OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Base Penalty
Year Paid
,!
Total
R J K of Gloucester, Inc.
T/A MCDonalds #3984
P.O. Box 1991
Williamsburg, VA 23185
1994 Audit 1,322.99
1,322.99
Rita Holland Dancing School, Inc.
T/A Lake Edward Performing Arts Center
2129 General Booth Blvd. 1995
Virginia Beach, VA 23454
9-22-95 30.00
30.00
Speakman, Robert A. 1993-94
T/A D B I Technzcal Services
3401 Dana Lane
Vzrginza Beach, VA 23452
Audit 25.00
25.00
Wacaster, Jeff E.
T/A Dent Doctor
P.O. Box 2844
Newport News, VA
23609
1994-95 Audit 159.58
159.58
Cerbhed as to Payment
Comm~smoner of the Revenue
ThIs ordinance shall be effective from date of
adoption
The above abatement(s) totahng $1,537.57
of the City of V~rg~ma Beach on the 19 day of
Approved as to form'
C,~ Attorney
were approved by the Council
December , 19
95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Base Penalty Int.
Year Prod
Total
Montgomery Enterprise, Inc.
1948 Route 17
Yorktown, VA 23693
New City Optical Co., Inc.
1107 Wilso Drive
Baltimore, MD 21223
Przystawskl, Nicholas (DPM)
T/A Achilles Foot Care
9030 West Fort Island Trail
Plantation Village #5
Crystal River, FL 34429
1993-94 Audit 116.18
1994 Audit 134.26
1994 Audit 438.29
116.18
134.26
438.29
ThIs ordinance shall be effecbve from date of
adoption
The above abatement(s) totaling $688.73
of the C~ty of V~rg~ma Beach on the 19 day of
Certified as to Payment
CommIssioner of the Revenue
Approved as to form
C~ty Attorney
were approved by the Councd
December , 19 ~
95
Ruth Hodges Smith
C~tv Clerk
AN ORDINANCE AUTHORIZING UCENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
.,
NAME License Date
Base Penalty Int.
Year Paid
H & N Corporation
T/A Cuisine & Company
P.O. Box 833
Virginia Beach, VA 23451
Haywood, Ralph W. D.D.S., P.C.
1219 Davis Avenue
Chesapeake, VA 23325
John E. Wecht, Jr.
4516 Revere Dr~ve
Virginia Beach, VA
CPA, P.C.
23456
1994-95 Audit 950.26
1995 Audit 1,078.08
1994 Audit 841.64
Total
950.26
1,078.08
841.64
ThIs ordInance shall be effective from date of
adoption
The above abatement(s) totahng $2,869.98
of the C~ty of V~rgm~a Beach on the 19 day of
Cerbhed as to Payment.
Commissioner of the Revenue
Approved as to form
Leshe L blley
C~ty Attorney
were approved by the Council
December , 19 ~
95
Ruth Hodges Smith
C~t¥ Clerk
AN ORDINANCE AUTHORIZING UCENSE REFUNDS
UPON APPUCATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int.
Year Paid
Fries, M.G. & Associates, Inc.
749 Thimble Shoals Boulevard
Newport News, VA 23606 1994-95
Godwin Hammond & Walton, Ltd.
4460 Corporation Lane #307 1994
Virginia Beach, VA 23462
Gray, Lawrence S. 1994
T/A Gray's Engineering Service
164 Upperv~lle Road
Virginia Beach, VA 23462
Audit 466.54
Audit 211.17
Audit 27.90
, , ,
Total
i
466.54
211.17
27.90
ThIs ordInance shall be effecbve from date of
adoption.
The above abatement(s) totahng $7o5.61
of the City of V, rg~ma Beach on the 19 day of
Cerbfied as to Payment:
Commissioner of the Revenue
Approved as to form:
City Attorney
were approved by the Council
December , 1995
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING UCENSE REFUNDS
UPON APPUCATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE crI'Y OF VIRGINIA BEACH, VIRGINIA:
.,
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date
Base Penalty Int.
Year Paid
Albrlght, Catherine A.
T/A Among the Angels
6040 Laurel Loop
Flagstaff, AZ 86004
Brlckhouse, Hldeko O.
T/A Brickhouse TailorIng
2301 Indian Hill Road
Virginia Beach, VA 23455
Cress, Robert D.
T/A C S Cards & Comics
709 Kennesaw Court
V~rg~nla Beach, VA 23464
1995 Audit 52.37
1995 Audit 120.74
1994 Audit 131.34
Total
52.37
120.74
131.34
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $304.45
of the City of V~rgima Beach on the 19 day of
Certified as to Payment'
Commissioner of the Revenue
Approved as to form:
Leslie L Lilley ~
City Attorney
were approved by the Council
December , 19 95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING UCENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
Ucense Date Base Penalty Int.
NAME Year Prod
Pediatrics at the Beach, Inc
C/O Stephen Q. Rodgers, MD
844 First Colonial Road S-204
Virginia Beach, Va 23454
AUDIT 3,004.19
To~l
3,004.19
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $ 3,004.19
of the City of V, rglma Beach on the 19 day of
Cert~hed as to Payment
Commissioner of the Revenue
Approved as to form.
C,ty Attorney
were approved by the Council
December , 19
95
Ruth Hodges Smith
C~ty Clerk
- 30 -
Item IV-L.I.
PUBLIC HEARING
ITEM # 40205
PLANNING
Mayor Oberndorf DECIetRED a PUBLIC HEARING on:
PLANNING
I. BECO CONSTRUCTION, INC.
STREET CLOSURE
December 19, 1995
- 31 -
Itera IV-L. 2.
PUBLIC HEARING
ITEM # 40206
PLANNING
Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant
Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council
AUTHORIZED FINAL APPROVAL of the Ordinance upon application of BECO CONSTRUCTION,
INC., for the discontinuance, closure and abandonment of a portion of excess right-of-way.
Ordinance upon application of Beco Construction, Inc. for the
discontinuance, closure and abandonment of a portion of excess right-
of-way as shown on the plat entitled "Excess Right-of-Way Adjacent to
Little Neck Road To be Closed for Beco Construction" on file in the
Planning Department. Said parcel contains 1859 square feet.
L YNNHA VEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert 14. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy lC Parker
December 19, 1995
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF EXCESS
RIGHT-OF-WAY ADJACENT TO LITTLE NECK ROAD,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"EXCESS RIGHT-OF-WAY ADJACENT TO LITTLE
NECK ROAD TO BE CLOSED FOR BECO
CONSTRUCTION".
WHEREAS, it appearing by affidavit that proper notice
has been given by BECO CONSTRUCTION, INC., that they would make
application to the Council of the City of Virginia Beach,
Virginia, on October 24, 1995, to have a portion of the
hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that the
portion of 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:
SEE ATTACHED EXHIBIT
Said parcel of land being a portion of excess right-of-way
adjacent to Little Neck road as indicated on that certain
street closure plat of property to be vacated adjoining and
adjacent to the properties of the Petitioner located in the
Lynnhaven Borough, Virginia Beach, Virginia, which plat is to
be recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, upon adoption of this
ordinance, and which is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
GPIN NO.: 1488-92-4496
- 1 -
SYKES, CARNES, BOURDON
& AHERN, P C
A~FORNEYS AT LAW
eight
5260i
SECTION III
This Ordinance shall be
(180) days from the date of its
SECTION IV
effective
adoption.
one-hundred and
FINAL APPROVAL - DECEMBER 19, 1995
Adopted:
- 2 -
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS ATLAW
EXHIBIT "A"
EXCESS RIGHT-OF-WAY ADJACENT TO LITTLE NECK ROAD
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE LYNNHAVEN BOROUGH OF VIRGINIA BEACH, VIRGINIA as
shown on that plat entitled "EXCESS RIGHT-OF-WAY ADJACENT TO
LITTLE NECK ROAD TO BE CLOSED FOR BECO CONSTRUCTION" dated
October 18, 1995, by W.P. Large, Inc. containing 0.042~ acres
which parcel is more particularly described as beginning at a
point along the eastern right-of-way of Little Neck Road at the
northwest corner of Lot B-1 as depicted on that certain plat
entitled, "Subdivision of Lot B, Subdivision of Property of
Hubert L. and Mona H. Dail" recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in
Map Book 182, at Page 22; and from said point, following the
eastern right-of-way line of Little Neck Road in a southerly
direction along a curve with a radius of 2904.79° an arc
distance of 58.65 feet to the TRUE POINT OF BEGINNING and
continuing from said True Point of Beginning in a southerly
direction along a curve with a radius of 2904.79° an arc
distance of 35.09 feet to a point; thence in a southeasterly
direction along a curve with a radius of 25.00° an arc distance
of 37.85 feet to a point; Thence north 87° 36' 48" east 21.26
feet to a point; Thence in an easterly direction along a curve
with a radius of 150.00° an arc distance of 0.60 feet to a
point; Thence north 02° 30' 33" west 40.05 feet to a point;
Thence south 87° 29' 27" west 28.94 feet to a point; Thence in
a northwesterly direction along a curve with a radius of 20.00°
an arc distance of 30.07 feet to the True Point of Beginning.
5260i
- 3 -
080
/
028
I
I I
I I
I I o
I I
BECO CONSTRUCTION, INC.
Closure excess RC~
Lynnhaven Borough
/
× /
J\
0
Item 1V-M. 1.
,4PPOINTMENTS
ITEM # 40207
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
AGRICULTURAL ADI~ISORY COMMISSION
Norris W. Shirley
4 Year Term
10/01/95-09/30/99
Voting: 10-0
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
December 19, 1995
- 33 -
Item IV-M. 2.
APPOINTMENTS
ITEM # 40208
Upon NOMINATION by Vice Mayor Sessoms, City Council:
CHESAPEAKE BAY PRESERVATION AREA BOARD
REAPPOINTED:
Charles W. Gardner
3 Year Term
01/01/96-12/31/98
AND, APPOINTED:
Lynn Hightower
Unexpired thru 12/31/96
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K, Dean, William IV..
Harrison, Jr., Harold Heischober, Barbara 34. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
December 19, 1995
- 34 -
Item IV-M.3.
APPOINTMENTS
ITEM # 4O2O9
Upon NOMINATION by Vice Mayor Sessoms, City Council:
COMMUNITY SERVICES BOARD
REAPPOINTED:
Edward L. Richardson
3 Year Term
01/01/96-12/31/98
AND, APPOINTED:
Richard Brody
Jerry Tata
3 Year Terms
01/01/96-12/31/98
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
December 19, 1995
Item IV-M.4.
APPOINTMENTS
ITEM # 4O210
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
PLANNING COMMISSION
Margaret L. Eure
Judith L. Rosenblatt
4 Year Terms
01/01/96 -12/31/99
Voting: 10-0
Council Members l/'oting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
December 19, 1995
Item 1V-N.1.
UNFINISHED BUSINESS
ITEM # 40211
Councilman Harrison presented REDISTRICTING PLAN "D-2" which was developed with the
assistance of Council Members Baum and Henley. This is a modification of the previous plan of John
Atkinson. In this Plan, the Central Business District is divided into an area where four Council Members
would each have a say in the CBD Plan. The Plan also divided the beaches of the City, so the shoreline
of the City was shared by four Council Members. This Plan combines the current Blackwater and Pungo
Boroughs. Councilman Harrison modified the boundaries of District 3 and District 4 to represent exactly
the current Borough system. Thereby all the hotels are not separated into two districts as with the
Atkinson Plan. Redistricting Plan D-2 also creates one largely agricultural area.
BY CONSENSUS, Redistricting Plan D-2 will be forwarded by the City Attorney for analysis by Election
Data Services.
December 19, 1995
- 37 -
Item IV-O.1.
NEW BUSINESS
ITEM # 40212
ADD -ON
Upon motion by Council Lady Strayhorn, seconded by Councilman Dean, City Council ADDED to the
Agenda:
Resolution opposing HB-1 re Council candidates being identified on a
Ballot as affiliated with a political party.
Voting: 10-0
Council Members Voting .dye:
John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
December 19, 1995
- 38 -
Item IV-O.I.
NEW BUSINESS
ITEM # 4O213
ADD-ON
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED,
AS AMENDED:
Resolution opposing HB-1 re Council candidates being identified on a
Ballot as affiliated with a political party.
*The word "allow" shall be changed to "permit or require":
The title shall read as follows
,4 Resolution expressing City Council's Opposition to Any State
Legislation which wouM permit or require aU, o"~ Council Candidates to
be identified on the Ballot as being affiliated with a political party.
Lines 26 and 36 should also be amended to change the word "allow" to ''permit or require".
Voting: 10-0
Council Members Voting Aye:
John A. Baam, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy 3L Parker
December 19, 1995
1
2
3
4
5
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
32
A RESOLUTION EXPRESSING CITY COUNCIL' S
OPPOSITION TO ANY STATE LEGISLATION WHICH
WOULD PERMIT OR REQUIRE COUNCIL CANDIDATES TO
BE IDENTIFIED ON THE BALLOT AS BEING
AFFILIATED WITH A POLITICAL PARTY
WHEREAS, elections for the Council of the City of
Virginia Beach have, since the very first election, been non-
partisan;
WHEREAS, City Council has historically recognized the
value of keeping partisan politics out of local government;
WHEREAS, City Council has previously memorialized its
opposition to the influence of partisan politics in the local
governmental process by its adoption of a Code of Ethics in 1968,
and S 2-90 of the City Code in 1990, both of which place
restrictions on political activities by City employees;
WHEREAS, S 24.2-613 of the Code of Virginia currently
provides that "[n]o names of political parties shall appear on the
ballot, except as provided in S 24.2-614 for presidential
elections";
WHEREAS, House Bill No. 1, which was prefiled on November
13, 1995, amends S 24.2-613 by deleting the above-referenced
language, and by adding a new paragraph providing that "[e]ach
candidate who has been nominated by a political party ... shall be
identified by the name of his political party";
WHEREAS, House Bill No. 1, if enacted into law, will
permit or require candidates for election to the Virginia Beach
City Council to be identified on the ballot as representing a
particular political party; and
WHEREAS, enactment of this bill will severely undermine
the Council's efforts to keep partisan politics out of the local
governmental process, and will be contrary to the best interests of
the City of Virginia Beach and its citizens.
34
35
37
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby expresses its opposition to
House Bill No. 1, and to any State legislation which would permit
or require Council candidates to be identified on the ballot as
being affiliated with a political party.
39
40
Adopted by the Council of the City of Virginia Beach,
19 December
Virginia, on the day of , 1995.
41
42
43
44
CA-6180
ORDIN\NONCODE\BALLOT. RES
R-2
DECEMBER 20, 1995
Item 1V-0.2
NEW BUSINESS
ITEM # 4O214
ADD -ON
Upon motion by Councilman Branch, seconded by Councilman Baton, City Council ADDED to the
Agenda:
SCHEDULING ,4 PUBLIC HEARING for 2 January 1996: Charter
Amendment re election of School Board Members at the November
General Elections, beginning in 1998.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Council Members Absent:
Nancy K. Parker
December 19, 1995
Item IV-0.2
NEW BUSINESS
ITEM tt 40215
ADD-ON
Upon motion by Councilman Branch, seconded by Councilman Baum, City Council SCHEDULED:
PUBLIC HEARING for 2 January 1996: Charter Amendment re
election of School Board Members at the November General Elections,
beginning in 1998.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis 1~ Jones,
Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessotns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
December 19, 1995
- 41 -
Item 1V-O.$
NEW BUSINESS
ITEM # 40216
ADD -ON
Councilman Dean referenced City Council's receipt of the Attendance Records of the Review and
Allocation Committee (COMMUNITY ORGANIZATION INCENTIVE GRANT PROGRAM).
Councilman Dean advised his excused absences were due to PUBLIC BUDGET WORKSHOPS.
December 19, 1995
- 42 -
Item IV-OM
NEW BUSINESS
ITEM # 40217
ADD -ON
Councilman Dean distributed the DRAFT of a Memorandum of Agreement: Reconciliation Plan for
School Division's FY 1994-1995 Budget Deficit. Councilman Dean had just received a FAX from the
School Adminsitration. They have evidently agreed to the proposal for the payback of the funds.
The School Board was in EXECUTIVE SESSION.
December 19, 1995
Item IV-O.
--
ADJOURNMENT
ITEM # 40218
Mayor Oberndorf DECIatRED the City Council Meeting ADJOURNED at 5:35 P.M..
Beverly O. Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/A/IE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
December 19, 1995