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HomeMy WebLinkAboutAPRIL 7, 1998 MINUTESCITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A BAUM, Blackwater Borough LINWOOD 0. BRANCH IlL Virginia Beach Bmough WILLIAM W. HARRISON, JR., Lynnhauen I~ough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. ]ONES, Bayside Borough REBA S. McCLANAN. Pnncess Anne ~orough NANCY K. pARKER, At-Large LOUISA M. STRAYHORN, Kernpsmlle Borough JAMES K. SPORE, City Manager LESLIE L. IJI~EY, City Attorney RUTH HODGES SMITH, CMC / AAE, City Clerk City of Virginia 13cach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL AGENDA CITY HALL BUIIJ)ING 2401 COURTIiOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 1757~ 427-4303 April 7, 1998 WORKSHOP - Conference Room - A. PROPOSED RESOURCE MANAGEMENT PLAN (BUDGET) FY 1998-1999 B. CAPITAL IMPROVEMENT PROGRAM (CIP) 10:00 AM II. CITY MANAGER'S BRIEFINGS 11:00 AM Bo MULTI-FAMILY STRUCTURES Clarence Warnstaff, Director, Department of Public Utilities Sanitary Sewer Connection Fees and Service Charges Sanitary Sewer and Water Connection Finance Charges GENERAL OBLIGATION AND REFUNDING BOND SALE Patricia Phillips, Director, Department of Finance CITY LINE ROAD John Herzke, City Engineer IH. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL CONCERNS V. INFORMAL SESSION - Conference Room - 1:00 PM Ao CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION - Council Chamber - 2:00 PM CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Reverend Thomas K. Frizzell, Jr. Messiah Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS March 24, 1998 2. SPECIAL FORMAL SESSION March 31, 1998 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. RESOLUTION Resolution to request the Virginia Department of Transportation (VDOT) concentrate its Feasibility Study of the City Line Road project on alignments to minimize impact on residential communities North and West of Interstate 64. I. ORDINANCES Ordinance to AMEND Chapter 2, Division 2.5 of the City Code re procurement, incorporating by reference, designated sections of the Virginia Public Procurement Act. 2.. Ordinances re Community Services Board: ACCEPT and APPROPRIATE $315,264 in Federal and State Funds from the Commonwealth of Virginia to the 1997-1998 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re the Detox and Day Support Facility; and, estimated revenues be increased accordingly. ACCEPT and APPROPRIATE a $10,000 Grant from the Federal Government to the 1997-1998 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re additional training in HIV prevention to high risk youth and adults. Ordinance to authorize acquisition of a traffic control easement and property conveyed to the City of Virginia Beach for right-of-way purposes from Potter Properties, either by agreement or condemnation, re intersection improvements and the installation of a new traffic signal at the Northwest comer of First Colonial Road and Hilltop Loop/Republic Road (CIP 2-285.37B). 4. Ordinances to authorize temporary encroachments: Into a portion of the City's right-of-way at the East end of 47th Street by the BUFF FOUNDATION, INC., re constructing and maintaining a Memorial Garden (VIRGINIA BEACH BOROUGH). bo Into a portion of the City's 40' cross-reciprocal ingress/egress easement and 40' drainage easement at the rear of 2233 Haversham Close by H. STEVEN CHOI and THERESA L. BATAC re constructing and maintaining a bulkhead, fill, boat lilt and marginal wharf into the Chelsea Canal at Broad Bay Greens (LYNNHAVEN BOROUGH). CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Ground Transportation Specialist, Inc. Land Yachts, LLC Long's Limousine Service License Refunds: $8,912.32 Jo APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS PERSONNEL BOARD THE PLANNING COUNCIL VIRGINIA BEACH CRIME TASK FORCE VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD WETLANDS BOARD K. UNFINISHED BUSINESS Lo NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED - MARCH 1998 M. ADJOURNMENT FY 1998-1999 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE EVENT DATE TIME PLACE Council Workshop Tuesday, April 14 10:00 AM - Noon Conference Room Public Hearing Thursday, April 16 7:00 PM Larkspur Middle School Council Workshop Tuesday, April 21 3:00 PM - 5:00 PM Conference Room Schools - Quality Education Council Workshop Tuesday, April 28 2:00 PM - 4:00 PM Conference Room Public Hearing Tuesday, April 28 6:00 PM City Council Chamber Election Day Tuesday, May 5 No Council Meeting Reconciliation Workshop Wednesday, May 6 3:00 PM - 5:00 PM Conference Room Adopt Budget & CIP Tuesday, May 12 2:00 PM City Council Chamber 04/03/98bap AGENDA\04\07\98.ITM www.virginia-beach.va.us CITY COUNCIL CEREMONIAL OATH and REORGANIZATION 2:00 PM Tuesday, July 7, 1998 - 2:00 PM City Council Chamber If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 7, 1998 Mayor Meyera E. Oberndorf called to order the WORKSHOP for the Proposed RESOURCE MAN.4GEMENTPLAN (BUDGET) FY1998-1999 and CAPITAL IMPROVEMENTPROGRAM (CIP) in the Council Conference Room, City Hall Building, on April 7, 1998, at I O:OO A.M., after which the CITY MANAGER'S BRIEFINGS commenced at 12:03 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. William W. Harrison, Jr. Louisa M. Strayhorn [ENTERED: 11:12 A.M.] [ENTERED: 10:10 A.M.] [ENTERED: 10:20 A.M.] City of Virginia F ¢ach INTER-OFFICE CORRESPONDENCE MEMORANDUM DATE: TO: FROM: SUBJECT: April 10, 1998 James K. Spore, City Manager Clarence Warnstaff, Public Utilities Potentially Sensitive Sanitary Sewer and Water Projects From Proposed FY 99-04 CIP During Tuesday's workshop, a request was made to identify any water and sanitary sewer projects which might be subject to potential controversy from residents in the affected areas. Most all neighborhood projects are subject to controversy just by their nature. It is quite common that some residents are opposed to the projects, and all projects have impact upon the neighborhood with regard to construction conflicts, inconveniences, and fees required to connect to the service. However, we have reviewed the list of capital projects, and have identified the following which we feel represents the most potential for neighborhood sensitivity: ClP 6-972 - Alanton Sanitary Sewer Project Alanton is a large sanitary sewer neighborhood project which will serve over 500 lots. It is a 51% project (more than 51% of the property owners have requested the city extend service). There are a significant number of residents opposed to the project. Phase I construction will be initiated in May 1998. Sanitary sewer connection fees are also an issue because of the extensive front footage of some large lots, and the high fee associated with the connection. The transition from sanitary sewer connection fees based on front footage to the drainage fixture units (DFU) concept will help mitigate this concern. CIP 6-931 - Sandbridge Sanitary Sewer Project Sandbridge is a 51% neighborhood project, and also designated a Health Department classification of Category A. Sandbridge has over 1400 lots, and the sanitary sewer system is divided into two phases. Phase I is scheduled for completion in April 1998. Phase II Collection System has been bid, and construction is scheduled to be complete in March 1999. The anticipated sensitivity of this project other than normal construction conflicts, is the inconvenience of the project construction continuing through the summer tourist season. This project will be coordinated very closely with the Sand Replenishment Project which will be taking place at the same time. The need for coordination between these two projects has been discussed with the Sandbridge Civic League, and it is felt that James K. Spore -2 April 10, 1998 coordination can be accomplished successfully. The primary concern of the civic league has been that the sanitary sewer project be totally completed prior to the 1999 tourist season. CIP 6-050 - Salem Road/Landstown Road and CIP 6-032 Salem Road/Highland Acres and CIP 6-023 - Indian River Road South Sanitary Sewer Projects These are all project areas which have been identified by the Health Department as Category A. The potential sensitivity of each of these projects results from the narrow road conditions, and the potential for road closures and some tree removal. CIP 5-081 - Sherry Park This is a 51% neighborhood project with over 600 lots included. Approximately 25%, or 150, of these lots are included in the private utility area of Indian River Water Company. This project will be constructed in two phases. Phase I will be advertised in April 1998, and will include all residents who are not currently served by the Indian River Water Company. Phase Il will be advertised once an agreement to purchase the Indian River Water Company has been successfully negotiated. The sensitivity of this project is related to the potential for delay of the Phase II project as a result of negotiations for the purchase of the private utility company. In addition, there will be a requirement once the private system is purchased by the city, for each customer (previously served by the private utility) to pay the city a Water Resource Recovery Fee as a result of connecting to the city's system. CIP 6-103 - Lake Ridge Interceptor Force Main This project involves 30,000 feet of 42" force main which will be installed from Princess Anne Road through proposed Judicial Boulevard, and adjacent to Lake Ridge to the Chesapeake city limits. The City of Virginia Beach is providing design and construction coordination for this project; however, it is funded by the Hampton Roads Sanitation District (HRSD). The primary sensitivity of this project is that city staff is aware of at least two property owners who will be impacted by the proposed Judicial Parkway that have expressed objections to the road and force main alignment. In addition, there is a 54" HRSD Interceptor Force Main being designed and constructed by HRSD from the HRSD Treatment Plant southwest to an existing city sewer force main. While this project is not in the ClP Program, Public Utilities' staff is providing planning coordination, and plan review with HRSD. The sensitivities of this project are the overhead crossing of the Scopus Marsh Creek, plus the proximity of the proposed interceptor to several residential lots in the Red Mill area. While the interceptor force main will not encroach upon any lots, there is concern about the construction impacts and tree removal within the HRSD easement. E. Dean Block, Management Services Gary L. Jones, P.E., PU/Engineering CITY MANAGER'S BRIEFINGS MUL TI-FAMIL Y STRUCTURES 12:03 P.M. ITEM # 43408 Clarence Warnstaff, Director of Public Utilities, advised the topics of concern: (1) Sanitary Sewer Connection Fees and Service Charges, (2) Monthly Sanitary Sewer Service Charges and (3) Financing of Water and Sanitary Sewer Connection Charges. Financing is now provided for customers. The staff is recommending the criteria for determining who is eligible for financing be amended. Relative the Sanitary Sewer Connection Fee, the staff will be recommending the fee structure be changed. When service becomes available to new customers, there is a mandatory connection requirement that customers must pay the sanitary sewer connection fees and they must connect their home or business structure to the public sanitary sewer system i.e. Sandbridge area. When public Sanitary Sewer Service is provided, all existing homes will be required to abandon their septic tanks and will be required to pay the fees and connect to the public systems. A connection fee represents simply a portion of the cost that the City incurs in providing the sewer lines and the pumping facilities. The capital costs to extend the service for Sandbridge is approximately $11, O00 per lot. The homeowner is assessed at different types of connection fees. They homeowner may pay back to the City an average fee anywhere from $1700 to $2000. Therefore, the City receives approximately 15¢ on the dollar. The fee structure is based on front footage. If an individual owns a lot with a front frontage of l OO feet or less, a fixed amount of $1320 is applicable or an individual owner with 200foot frontage would be assessed twice as much. For hotels and motels, there is a per unit charge; and, for commercial, the charge is based on square footage.. The staff is recommending a new method for determining the connection fees, i.e. fees be based on drainage.fixture units (DFU) inside a structure. Drainage fixture units is a value assigned to a particularplumbingfixture. It depends upon its volume rate of drainage discharge, the time duration of a single drainage operation and the average time between the successive operations. Since 1986, water connection charges have been based on this definition of drainage ftxture units The drainage fixture unit method is a more accurate measurement of the impact that a new connection has on the Sanitary Sewer System. This measurement is certainly consistent with the assessment of the water connection charges. One system in place will provide for greater customer acceptance and understanding. Concern has been expressed over the years, primarily from residential communities, about the front footage basis. Ifa resident has a flag lot, and their front footage is 200feet, the individual is assessed the minimum amount. Ifa resident has 300feet across their frontage, they are assessed three times the minimum amount. There are administrative processes involved, if the lot is irregular shaped or if sanitary sewer is on both sides of the lot i.e. a corner lot. Mr. Warnstaff cited the recommended rates: City extends service to area: $56. O0 per Drainage Fixture Unit Rate for connection to the public sanitary sewer system. Developer extends public lines: $13. O0 per Drainage Fixture Unit Rate for connection to the public sanitary sewer system. The City's goal was to change the rate structure but not generate more revenues. These rates were designed so the new system, on an average, would produce the same revenue as the old system. A rate increase is not being sought from this change in the rate structure. There will be no measurable impact upon the Water and Sewer Enterprise Fund in terms of revenues. The amount of revenue received on an annual basis from the Sanitary Sewer Connection Fee is approximately $1.3-MILLION. The total Water and Sewer Enterprise Fund is slightly in excess of $80-MILLION. When the developer extends the public sewer lines for new development, they pay a lower fee because they are providing the up-front capital with extension of the local lines. Residents of small homes currently pay $250 per structure, which is a fixed amount regardless of the size of the home. The staff recognized this would be an increase for those homes on an average and met with representatives of the Tidewater Builders Association. They were not excited about the increased amount, but recognized the value of switching to the drainage fixture unit basis. It is Mr. Warnstaff' s understanding, the developers will not oppose this change. Mr. Warnstaff advised a bathroom in a home equates to six drainage fixture units.. A dishwasher and kitchen sink is equal to two drainage fixture units. The average home in Virginia Beach represents approximately 24 drainage fixture units (2 ~ bathrooms, a sink in the kitchen, dishwasher and washing machine). -3- CITY MANAGER'S BRIEFINGS MUL TI-FAMIL Y STRUCTURES ITEM # 43408 (Continued) The Pavilion Office Center wouM pay less in sewer connection charges under the new system versus the old. If the office complex was built utilizing the existing infrastructure the city installed, the developer wouM pay the higher rates. Brewers East Restaurant, under the new methodology, would pay more. The basis involves the number of drainage fixture units inside the structure versus its square footage. Holiday Inn Surfside actually sees a reduction under the new scenario based on the drainage fixture unit values. The actual revenue, under the test period, was approximately $1,243,000 for connecting to City sewer lines. Based upon the recommended fee, the revenue will be $1,250,000, an increase of S/l O of l % increase. For single family residential and duplex, there will be a 10% reduction. Multi-family residents will actually have an increase of about 27% and commercial will actually see a 12% decrease. Assuming City Council concurs, this fee would be effective July First. The staff will also confer with the Tidewater Association of Realtors. For a certain category of customers, the staff is recommending a change in the Sanitary Sewer monthly charges. The current charge for Sanitary Sewer Service for single-family residents in our City is $11.38 per month. Structures with 2 or more residential units, such as condominiums and apartments, pay $& 54 per unit. For these multi-unit residents, there is usually one water meter serving many units with one sewer connection serving many units. In the system, some have been discovered which do not seem to fit either category. Nineteen (19) multi-unit projects have been identified involving 1600 units that have a water meter serving each of these units, but the sewer connection for these units serves multi-units. The property owners of these apartments and condominiums own and maintain an on-site private sewer collection system. The City believes it is more appropriate to assess those units under this hybrid case the rate of $8.54 versus $11.38. The revenue impact on the Water and Sewer Enterprise Fund is small Approximately $60,000 a year would be lost, which represents about 7/100 of l% of the annual budget. This change recommended will eliminate an apparent inequity in the rate structure and provide consistency in the rates. Assuming City Council concurs, this would be effective July 1, 1998. Relative financing of water and sanitary sewer connection charges, the City provides water and sanitary sewer service to the citizens and when service is provided, the homeowner has 12 months in which to pay their fee and connect to the system. There is no option,t The water mandatory connection is temporarily suspended. Hopefully, within a year or less, the City will be off all restrictions and then the Department will recommend to City Council the water mandatory connection be reestablished. This does present, in some cases, a financial burden. The City's current policy is they will finance fees under the following condition: (1) the customers must demonstrate they have been refused a loan from two commercial lending institutions and the rate the City would assess would beprime rateplus 3%. The staff is recommending the requirement of obtaining two refusals from commercial lending institutions be deleted, effective 1 July 1998. Prior to the change, with the requirement of two lending institutions, approximately 20% of the residents in the City's CIP areas took advantage of the City 's financing. Since this policy changed in 1992, and became more stringent, this had dropped down to less than 1%. There is a section in the City Code which addresses income and capital assets (excluding the home) which provides the criteria for reduction in the connection fees. Mr. Warnstaff advised this recommended change will be scheduled soon for a City Council Session with a Policy Paper, agenda item and associated ordinance. April 7, 1998 CITY MANAGER'S BRIEFINGS GENERAL OBLIG,4TION AND REFUNDING BOND S,4LE 12:42 P.M. ITEM # 43409 Patricia A. Phillips, Director of Finance, and Richard Dunford, Debt and Financial Services Administrator, went to New York to work with the Senior Underwriter, Paine Webber, to sell approximately $165- MILLION worth of Refunding and General Obligation Bonds. The bond issue was comprised of two components: Refunding $ 77,610,000 New Money 48, 000, 000 $125,610,000 The True lnterest Cost (TLC) including all issuance costs, was 4. 78%, the lowest rate the City has obtained since 1971 (excluding subsidized loans such as from the Literary Fund). Total savings over the 18-year period refunded $3.8-MILLION. Annual savings range from $233,000 to $202,000 per year. The City's current bond rating was reaffirmed by both rating agencies: Moody's rated the City at ,4a2 and Standard & Poor's AA. Moody's mentioned several speci, ficfactors in assigning its rating: "..a large and well performing economy, favorable.financial performance, and a moderate debt position." The rating has a stable outlook, including "improved growth prospects following the availability ora much needed new water supply from Lake Gaston. " The City's current rating translates to about 5 basic points (bp) lower than for a Aa3 credit or about $500,000 for a $100-MILLION issue; and about 10 basic points lower than for a ,41 credit, or SI- MILLION in savings for a $100-MILLION issue. In a higher interest rate environment, the differential would be much greater. The bond closing documents are ready and are scheduled for April 15, 1998, when the transfer of the cash will take place. Bob Kenney - Paine Webber, Incorporated, referenced the presentation booklet, which was distributed to City Council and is hereby made a part of the record. Mr. Kenney referenced the.first chart depicting Interest Rate Comparisons over a period of time commencing February 1, 1996, through April 2, 1998. Interest rates have steadily declined, reaching historic lows in the first quarter of 1998. These denote 30- Year Treasury (green), Revenue Bond lndex (blue) and II-Bond Index (red). As interest rates have declined, the supply and availability of bonds in the tax-exempt market has steadily increased. The graphs denote Standard & Poor's Blue List Municipals and 30-Day Visible Supply. Virginia issuers have been actively refinancing their outstanding debt to produce debt service savings as interest rates have continued to decline. $2,666 bil $540mm $174mm $259mm $ 944 bil $136mm $412mm $237mm As the City entered the market on March 24, 1998, there were no major economic announcements released. As rates have come down, the market has been rather "skittish "and any announcement where there might be an inflationary tendency to hit the market will "spook" investors and rates will jump back up. The stock market will bounce around; therefore, Tuesday seemed to be an opportune time to proceed. April 7, 1998 CITY MANAGER'S BRIEFINGS GENERAL OBLIGATION AND REFUNDING BOND SALE ITEM # 45409 (Continued) Relative the Preliminary Marketing Plan, Mr. Kenney advised the Syndicate Structure: UNDER WRITING PAR TICIPA TION Paine Webber: 35% Craigie Inc: 25% Artemis Capital Group, Inc. 10% Davenport & Co. of Virginia, Inc. 10% M.R. Beal & Company 10% Solomon Smith Barney 10% SELLING GROUP Use of a small, Virginia-based and regional group to enhance retail penetration within the Commonwealth EXPECTED DISTRIBUTION Investment Advisors Trust Department Insurance Companies Retail Bond Funds 10% 10% 30% 30% 20% Priority of Orders: In-State retail given highest priority. Definition of "retail" investor included Bank Trust, Investment Advisor and Money Manager orders for Virginia retail investors. Retail orders limited to $100, 000 per order. "Net Designation "Rules: Institutions must designate at least 3firms to receive sales credit on all institutional priority orders. No firm can receive more than 50% of the sales credit. Mr. Kenney cited the Schedule: Thursday, March 12, 1998: Friday, March 13, 1998: Monday, March 16, 1998: Update co-senior and co-managers regarding mailing date and pricing schedule, refunding parameters, send mailing labels. Circulate final draft of POS to Working Group; Finalize "Plan of Refunding" for POS. Notify co- senior and co-managers of expected schedule. Informal discussion of syndicate rules. "Go/No Go" decision regarding mailing of POS. Final comments on POS. Deliver POS to printer April 7, 1998 -6- CITY MANAGER'S BRIEFINGS GENERAL OBLIGATION AND REFUNDING BOND SALE ITEM # 43409 (Continued) Tuesday, March 17, 1998: Mailing of POS Wednesday, March 18, 1998: Friday, March 20, 1998: Monday, March 23, 1998: Tuesday, March 24, 1998: Wednesday, March 25, 1998: Tuesday, April 14, 1998: Wednesday, April 15, 1998: Distribution of Paine Webber in-house Pre-Sale March Memo. PaineWebber in-house call~presentation to institutional sale force. PaineWebber in-house call to Virginia retail sales offices. Develop Manager consensus scale. Market update/Pre-pricing call with Virginia Beach and FA 'S (determine pricing date). Pricing, City Council adopt resolution to proceed with financing, setting pricing parameters. Sign Bond Purchase Agreement Pre-closing. Closing April 7, 1998 -7- CITY MANAGER'S BRIEFINGS CITY LINE ROAD 1:00 P.M. ITEM # 45410 John Herzke City Engineer, through the utilization ora map, cited Route 64, Indian River Road and the interchange for Greenbrier Parkway. The "red-dashed" line is the boundary of the City Line Road between Chesapeake and Virginia Beach. It is basically proposed to follow the City Line between Chesapeake and Virginia Beach. The Virginia Department of Transportation through their consultant has examined a number of alternatives which are labeled A, B and Con the north side ofi-64 and on the south side, they are labeled l, 2 and3. These alternatives have been presented to the citizens at apublic meeting format. The citizens in the College Park area were quite concerned due to substantial impacts with their neighborhood Dale Castellow, Transportation Planning Coordinator, advised City Council adopted a project programming Resolution on September 13, 1994 to establish the project for the improvement of City Line Road from Interstate 64 to Kempsville Road. On May 9, 1995, the City requested VDOT extend the study limits to Indian River Road in order to examine any impacts and potential benefits this facility might have on the Indian River Road Corridor. The City of Chesapeake has the same project on their Master Street and Highway Plan. In Chesapeake, the proposed City Line Road runs from Kempsville Road to 1-64. Two years ago, this proposed City Line Road actually extended as far as Providence Road onto Campostella Road and ended in South Norfolk. In recent years, this plan was modified to stop at Providence Road. VDOT is trying to work between two sets of directions and put together several alternatives that focus on connecting it from Kempsville to 1-64. The City of Virginia Beach requested, as part of the feasibility study, VDOT investigate whether it is feasible to extend this to the south to make some connections to Centerville Turnpike or, possibly, even Elbow Road. VDOT dismissed the Elbow Road alternative rather quickly due to either environmental impacts or development issues of the City of Chesapeake. On the northern end, VDOT, in working with the City of Chesapeake, identified an alternative. Utilizing the City of Chesapeake's Master Street and High Plan, the alternative connected the Kempsville Road to Indian River Park. "No Trespassing" signs are posted on the Neighborhood park in this area. Impacting a publicly owned park requires a 4F provision. Therefore, at least one alternative must be identified which makes a complete avoidance of the Park. The City can later dismiss any alternatives developed; however, it must be based on the technical aspects of the study and citizen opposition. VDOT in trying to avoid the 4F property, principally located in the City of Chesapeake, led the City to investigate the College Park alternative. Since the Citizens Information Meeting on March 18, 1998, and the special meeting of the College Park Civic League on March 30, 1998, VDOT believes they have documentation in evidence to remove this alternative. VDOT has recommended five (5) alternatives be retained for completion of the feasibility study: No Build- no new roadway facilities would be built in the City Line area. Alternative 10 - includes the Central City Line and Paramont/Rokeby alignments. Alternative 16- includes Upper Centerville and Paramont/Rokeby alignments. Alternative 19 - includes only the Central City Line alignment. Alternative 21 -includes only the Upper Centerville alignment. The Resolution scheduled for City Council's Session is consistent with VDOT's recommendation. VI)OTis requested to concentrate their feasibility study of City Line Road to alternatives which would minimize impacts for the residential communities to the west/north ofi-64. April 7, 1998 -8- .4 GENDA RE VIE W SESSION 1:20 P.M. ITEM # 43411 Council Lady McClanan referenced' Ordinance to AMEND Chapter 2, Division 2.5 of the City Code re procurement, incorporating by reference, designated sections of the Virginia Public Procurement Act. Council Lady McClanan was interested as to the methodology utilized to determine each department having $30,000 to spend on an emergency basis. The departments are of such different sizes. Assistant City Attorney Randall Blow advised the State Code limits actually rose from $15,000 to $30,000, in 1996. The City decided at that particular time not to change. However, as many small purchases can be done more effectively efficiently and in a timely manner, Rick Barry, Purchasing Agent, advised the $30,000 limit is for any procurement during that year which is under $30,000 can be handled in a less formal process. There may be multiples of these within a fiscal year. ITEM # 43412 Councilman Harrison advised this encroachment is within the Lynnhaven Borough. Councilman Branch stated 47tn Street lies within both the Virginia Beach Borough and the Lynnhaven Borough. 1.4. Ordinances to authorize temporary encroachments: Into a portion of the City's right-of-way at the East end of 47th Street by the BUFF FOUNDATION, INC., re constructing and maintaining a Memorial Garden (VIRGINIA BEACH BOROUGH). ITEM # 43413 BY CONSENSUS, the following items shall compose the CONSENT AGENDA. RESOLUTION H. 1 Resolution to request the Virginia Department of Transportation (VDOT) concentrate its Feasibility Study of the City Line Road project on alignments to minimize impact on residential communities North and West of Interstate 64. ORDINANCES 1.1. Ordinance to AMEND Chapter 2, Division 2.5 of the City Code re procurement, incorporating by reference, designated sections of the Virginia Public Procurement Act. 1.2. Ordinances re Community Services Board: ao ACCEPT and APPROPRIATE $315,264 in Federal and State Funds from the Commonwealth of Virginia to the 1997-1998 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re the Detox and Day Support Facility; and, estimated revenues be increased accordingly. ACCEPT and APPROPRIATE a $10,000 Grant from the Federal Government to the 1997-1998 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re additional training in HIV prevention to high risk youth and adults. April 7, 1998 -9- /l GENDA RE VIE W SESSION 1.3. ITEM # 43413 (Continued) Ordinance to authorize acquisition of a traffic control easement and property conveyed to the City of Virginia Beach for right-of- way purposes from Potter Properties, either by agreement or condemnation, re intersection improvements and the installation ora new traffic signal at the Northwest corner of First Colonial Road and Hilltop Loop/Republic Road (CIP 2- 285.37B). 1.4. Ordinances to authorize temporary encroachments: Into a portion of the City's right-of-way at the East end of 47th Street by the BUFF FOUNDATION, INC., re constructing and maintaining a Memorial Garden (VIRGINIA BEACH BOROUGH). Into a portion of the City's 40' cross-reciprocal ingress/egress easement and 40' drainage easement at the rear of 2233 Haversham Close by H. STEVEN CHOI and THERE$/I L. BAT~lC re constructing and maintaining a bulkhead, fill, boat lift and marginal wharf into the Chelsea Canal at Broad Bay Greens (L YNNHA VEN BOROUGH). CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Ground Transportation Specialist, Inc. Land Yachts, LLC Long's Limousine Service L 6. License Refunds: $8,912.32 April 7, 1998 -10- ITEM # 43414 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, April 7, 1998, at 1:25 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None April 7, 1998 -11- ITEM # 43415 Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, 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-S44 (A) (1). To Wit: Appointments: Boards and Commissions Francis Land House Board of Governors Personnel Board Virginia Beach Crime Task Force Virginia Beach Health Services Advisory Board Wetlands Board 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). To-Wit: Carmichael Development Company, Inc. v City of Virginia Beach Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 - 12- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 7, 1998 2:00 P.M. Mayor Meyers E. Oberndorf., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 7, 1998, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W Harrison, Jr. HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: The Reverend Thomas K. Frizzell, Jr. Messiah Lutheran Church PLEDGE OF ALLEGIANCE 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 Bank. 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 Sessoms' letter of January 1, 1998, is hereby made apart of the record. April 7, 1998 - 13- Item VI-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 43416 Upon motion by Vice Mayor Sessoms, seconded by Council Lady 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. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 43415, Page 11, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the 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, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. th Hodges ~mith, CMC/AAE City Clerk April 7, 1998 -14- Item VIoF. MINUTES ITEM # 43417 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of Mareh 24, 1998, and the SPECIAl, FORMAl, SESSION of March 31, 1998. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 - 15- Item VI-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 43418 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 7, 1998 -16- Item VI-L RESOLUTION ORDINANCES ITEM # 43419 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison,, City Council APPROVED IN ONE MOTION Resolution I and Ordinances 1, 2 aJb, 3, 4 a/b, 5 and 6. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 -17- Item VI-H.I. RESOLUTIONS ITEM # 43420 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution to request the Virginia Department of Transportation (I/DOT) concentrate its Feasibility Study of the City Line Road project on alignments to minimize impact on residential communities North and West of Interstate 64. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 1 2 3 4 5 6 7 8 9 10 11 Requested by Councilmembers Nancy K. Parker and Louisa M. Strayhorn A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO EXPAND ITS FEASIBILITY STUDY OF THE CITY LINE ROAD PROJECT TO INCLUDE ANY ADDITIONAL ALIGNMENTS WHICH WOULD MINIMIZE IMPACT ON THE RESIDENTIAL COMMUNITIES NORTH AND WEST OF INTERSTATE 64 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, pursuant to a ~Project Programming Resolution" adopted by City Council on September 13, 1994, City Council requested the Virginia Department of Transportation ("VDOT") "to establish a project for the improvement of City Line Road from Kempsville Road to Interstate 64, a distance of approximately 1.8 miles"; WHEREAS, the project limits for City Line Road have since been expanded beyond the original 1.8 miles to include areas north of Interstate 64 and south to Centerville Turnpike; WHEREAS, a Citizen Information Meeting was held on March 18, 1998, in the City of Virginia Beach by representatives of VDOT after due and proper notice for the purpose of presenting possible alignments for the proposed City Line Road, and to receive comments and ideas from the community for the City Line Road Feasibility Study, VDOT Project #U000-134-V34, PE-101, Federal # STP-5403; WHEREAS, at this meeting, maps depicting the alignments, and other pertinent information, were made available for public inspection in accordance with state and federal practices; WHEREAS, all persons in attendance were afforded full opportunity to participate in the meeting, and representatives of VDOT were also present and participated in the meeting; 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 WHEREAS, the citizens who attended overwhelmingly opposed any alignment which would residential communities of the College Park area; and WHEREAS, City Council has given due consideration to the concerns expressed by these citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the Virginia Department of Transportation to expand its feasibility study of the City Line Road Project to include any additional alignments which would minimize impact on the residential communities located to the north and west of Interstate 64. Adopted by the Council of the City of Virginia Beach, Virginia, on the ? day of April CA-6970 ORDIN\NONCODE\ C I TYL INE. RES R-2 PREPARED: 04/01/98 · 1998. the meeting impact the PROJECT PROGRAMMING RESOLUTIOn' WHERE~S, 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 THBRBFORB BB ZT RESOLVED, Virginia requests the Virginia that the City of Virginia Beach, Department o£ Transportation to establish a projeCt for the improvement of City Line Road from Kempsville Road to Interstate 64, a distance of approximately 1.8 miles. BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the city of.~irginia Beach 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 13 day of September , 19 94 City of Virginia Beach, Virginia. BY · .f'',..-../':Ii,. ATTEST nfs 7/15/94 CERTIFIED TO BE A TRUE COPY OF ^ RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON SEPTEMBER 13, 1994. R~th Hodges ~mith, CMC/AAE City Clerk AI~ROVED AS TO LEGAt t, CITY LINE ROAD CIP "2-261 SCALE: I': 1600' , PREPARED BY P/W EI~. DP, AFT. 31-/v1,~-1998 - 18- Item Vid. 1. ORDINANCES ITEM # 43421 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to AMEND Chapter 2, Division 2.5 of the City Code re procurement, incorporating by reference, designated sections of the Virginia Public Procurement Act. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William V~. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 AN ORDINANCE TO AMEND CHAPTER 2, DIVISION 2.5 OF THE CITY CODE PERTAINING TO PROCUREMENT BY ADOPTING AND INCORPORATING BY REFERENCE DESIGNATED SECTIONS OF THE VIRGINIA PUBLIC PROCUREMENT ACT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 2, Division 2.5 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: city council. Sec. 2-214.2. Duties~ an~ powers, and responsibilitie~ of purchasing agent· (a) The purchasing agent shall be the head of the di-ziuisn of purchasing division and under the supervision of the director of finance ~,A _~ ~ .... ~ .... ~A_~.. ~ ....... ~ ~~ Sec. 2-214.1. Purchasing authority· (a) The purchasing division of the department of finance shall be responsible for ~ ........ ~ .............. , ~ .... , equipmcnt and cc~ciccs the purchase or lease of all goods, and the purchase of all services and construction, for all city departments and agencies exclusive of the city school system. In addition, the division shall be responsible for centralized control and disposal of excess, obsolete and salvageable materials and equipment. (b) No officer or employee of the city government has the authority to contract for the procurement of materials, supplies, equipment or services except the city purchasing agent or such other employee as may be designated by the city manager or 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 (b) The purchasing agent shall have the power and it shall be his duty to: (1) Endeavor to obtain as full and open competition as possible and practicable on all purchases and sales through competitive sealed bidding, or through any other method of procurement authorized by this division of Chapter 2: (2) Except where established by ordinance or resolution of council, establish such rules, regulations and policies as he/she deems necessary for the internal management and operation of the~v~~"~-~-- ~As purchasing division: and (3) Delegate to individual departments, as he or she deems appropriate, the authority to directly purchase goods or services the cost of which is not expected to exceed thirty thousand dollars ($30,000) in one year: provided the department uses competition wherever practicable and complies with all applicable rules, regulations, policies, procedures and administrative directives pertaining tO procurement. (c) All formal rules, regulations~ and policies, procedures and administrative directives pertaining to procurement shall be subject to the approval of the city manager and the purchasing agent, and shall be approved by the city attorney as to form and legality ~ ...... ~'-~ ........ ~'~ ~ ..... ~ ..... ~--~" ~ ....... ~ (d) Subject to compliance with all applicable pQlicies, procedures, and city code provisions pertaining tO contract execution, the purchasing agent shall have the authority to award contracts within the purview of this division. (e) It shall be the responsibility of the purchasing division to obtain as full and open competition as possible and practical on 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 all purchases and sales through competitive sealed bidding, or through any other method of procurement authorized by this or other sections. Sec. 2-214.3. AdoPtion of designated sections of Virginia Public Procurement Act. (a) Pursuant to Section 11-36 of the Code of Virginia, as amended, the following sections of the Virginia Public Procurement Act [Code of Virginia, Title 11. Chapter 7]. and any future amendments thereto, are hereby adopted and incorporated by reference into this code: 11-37. 11-39. ll-40A. 11-41, 11-41.1, 11- 41.2:2 through 11-41.2:$, 11-42, 11-43. 11-44. 11-44,1, 11-45 A, B, C, D, F, G, and L, 11-46, 11-46.3, 11-47, 11-47.4, 11-49 through 11-62.3, 11-62.6, 11-62.8, 11-62.10 through 11-80. (b) Notwithstanding subsection (a) of this section, whenever any provision of the Virginia Public Procurement Act which has been adopted and incorporated by reference herein is modified or amended by any other section of this code. or by any rule. regulation, policy, procedure or administrative directive, such provision shall be interpreted and implemented as modified or amended. 8o 81 for Cv_t~t .... ~- ..... F ...... t .... and A~--~i=istration 82 83 84 85 86 Sec. 2-215. " ..... ~:--- ====:-- : ....... ~ Sub i iQ of bids and proposals. (a) 88 sccticns. 89 90 91 92 93 94 95 96 97 98 99 100 /'1..% (4 4 4 % 101 102 103 104 105 106 107 managcmcnt ~-~- 108 109 110 111 (3) thc ' 112 113 4 116 117 118 119 ~-- ~"-,,-~.~ dctcrmination. 120 121 122 123 124 125 .......~,.~ ~. pczzlble 126 127 128 (e) (a) Bids and proposals shall be submitted to the purchasing 129 division in a sealed envelope~ --": shall be clearly marked or 130 identified as specified in the invitation tO bid or request for 131 proposals, and= Dids shall be opened in public at the time and 132 place stated in the ~ ~-- invitation to bid or request for 133 proposals. 134 135 136 137 138 ~ ~- Every bid and proPOsal shall contain an 139 anticollusion statement which shall be sworn to by thc 140 each bidder or offeror. 141 142 143 145 146 147 148 149 150 151 152 153 154 155 156 157 /%.1 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 6 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 7 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 Sec. 2-215.2. Emergency purchases. (a) An emergency shall be defined as a situation in which (i) an immediate threat to the public health, safety or welfare is involved, or (ii) immediate action iS required to protect or preserve public properties. (a) (b) In case of an emergency during normal working hours which requires immediate purchase of supplies or contractual services, the purchasing agent shall have the authority to secure, by the open market procedure, at the lowest obtainable price, any supplies or contractual services, regardless of the amount of the expenditure. A full report of the circumstances of an emergency purchase so made shall be filed by the purchasing agent. (b) (c) In case of an emergency, not within normal working hours, the purchasing agent may authorize the head of any city department to purchase directly any supplies, the immediate procurement of which is essential to prevent delays in the work of the department which may vitally affect the public health, safety or welfare, or to protect or preserve public properties without delay. The head of such department shall send to the purchasing agent a requisition and a copy of the delivery record, together with a full written report of the circumstances of the emergency. The report shall be filed by the purchasing agent. (-~ (d)~, In all cases of emergency purchases, the using agency shall submit a written report to the purchasing agent, signed by the department head, detailing the aspects of the emergency. The 8 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 written report shall be accompanied by a requisition form. Upon receipt of such written report, the purchasing agent shall solicit pricing in a manner consistent with the emergency situation and shall issue a confirming purchase order. Sec. 2-216.1. Deba~ent. (a) Pursuant to ~11-46.1 of the Code of Virginia, ~[he purchasin~ a~ent shall have the authority to debar any prospective contracgor from contracting for particular t~es of good~, se~ices or construction for a specified period of time, and ~0 remove any vcn~cr such contractor from the bidders' lists when the public interest will be best served thereby. This may be caused by any vcn~cr congractor defaultin~ on its ~otations or contracts, or any other behavior on the part of a yanmar contractor which is deemed 9 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 by the purchasing agent to be unethical, harmful to the city, or in any other way not to the best interest of the city. (b) Reasons for such debarment and removal shall be outlined in writing by the purchasing agent and sent by certified or registered mail to the contractor so debarred and removed at least ten (10) days prior to the date set for receipt of bids or proposals. shall bc acccptc~. 10 293 contracts 294 295 296 297 f~),~ 299 ' ..... "^- 300 (c) (i) Any compct~t~.~~~---~--m ~~, upon rcqucst, 301 i ~ ' spcct d ithin .................... ~ ........ z ~v in ......... ~ a 302 303 304 305 307 308 309 310 311 312 314 315 316 (~=, 317 11 319 320 321 322 323 ncccusary. 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 12 347 348 349 350 ...... V~r~n;a ..... 351 352 353 354 355 356 357 358 359 360 361 362 363 364 ~ 365 366 367 368 369 370 371 (c) 372 373 374 375 13 376 377 (a) 378 prc~rcss 379 380 381 382 383 384 385 386 387 (a) 388 389 390 391 ~n V'. rg~n~, a 392 393 394 395 396 397 398 I~ 400 401 14 403 404 405 407 408 409 410 contract. 4].1 (2) 412 413 415 ' 416 contract --~ -~-~ ~ .... ="'"---= ..... ~ ...... ' pa}re, tnt for all 417 418 419 420 421 (b) 422 423 424 425 426 /~ 427 428 429 430 15 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 cxccution -- '~- '"': .... ' 456 be namcd- party ...... '~ --'"-- 457 /1..% 458 459 16 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 17 490 491 ccrpcratc ..... ~"'- ~-= 492 493 220.2. 494 495 496 497 498 499 500 501 502 503 504 5O5 506 507 5O8 509 510 511 512 513 514 515 516 18 518 519 520 521 522 523 524 525 526 527 528 529 530 '~ 531 532 offcrcr ............. ~=' 533 ~rocurcmcnt 535 536 ~ ....... ; ~ 537 538 539 540 ' ~ ~ 541 542 543 19 545 546 547 548 549 550 551 553 554 555 556 558 559 561 562 564 565 566 567 568 569 570 20 572 (a) 573 574 fcr 575 576 577 578 579 580 /~ 582 584 585 586 587 589 590 offcnding particu. 592 593 '~ 594 595 596 597 598 21 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 . . . 616 617 618 619 620 621 622 623 624 625 22 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of April , 1998. 642 643 644 645 CA-5762 ORDIN\PROPOSED\02-5.0RD R-4 April 8, 1998 23 - 19- BemVI-~2. a~. ORDINANCES ITEM # 43422 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinances re Community Services Board: ACCEPT and APPROPRIATE $315,264 in Federal and State Funds from the Commonwealth of Virginia to the 1997-1998 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re the Detox and Day Support Facility; and, estimated revenues be increased accordingly. bo ACCEPT and APPROPRIATE a $10,000 Grant from the Federal Government to the 1997-1998 Operating Budget of the Department ofMental Health, Mental Retardation and Substance Abuse (MHMRSA) re additional training in HIV prevention to high risk youth and adults. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 AN ORDINANCE TO ACCEPT $315,264 IN FEDERAL AND STATE FUNDS FROM THE COMMONWEALTH OF VIRGINIA AND APPROPRIATE THESE FUNDS TO THE 1997-98 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE TO PROVIDE PREVENTIVE TRAINING, TO ACQUIRE VARIOUS EQUIPMENT, AND TO REPAIR AND RENOVATE THE DETOX AND DAY SUPPORT FACILITY WHEREAS, the Commonwealth of Virginia has provided the Comprehensive Services Board ("CSB") additional state and federal funding for additional training programs, the purchase of various equipment, and repairs and renovations to the Detox and Day Support facility; and WHEREAS, the CSB desires to accept this funding to enhance its delivery of various services (e.g., HIV prevention, substance abuse prevention/treatment, family/individual support). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That state and federal funds in the amount of $315,264 from the sources identified in Exhibit A (attached) are hereby accepted and appropriated to the FY 1997-98 Operating Budget for the Department of Mental Health, Mental Retardation and Substance Abuse to provide enhanced services; and 2. That estimated revenues for the 1997-98 Operating Budget for the Department of Mental Health, Mental Retardation and Substance Abuse are increased in the amount of $315,264. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of April, 1998. CA-6965 ODIN/NONCODE/DETOX.ORD MARCH 27, 1998 RI Approved as to Content Approved as to Legal Sufficiency Department of Law AN ORDINANCE TO ACCEPT A $10,000 GRANT FROM THE FEDERAL GOVERNMENT AND APPROPRIATE THESE FUNDS TO THE 1997-98 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE TO PROVIDE ADDITIONAL TRAINING IN HIV PREVENTION TO HIGH RISK YOUTH AND ADULTS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the Community Services Board ("CSB") provides various HIV prevention training to high risk youth and adults; WHEREAS, the Federal Government has awarded the CSB a grant to provide additional funding, through the Virginia Department of Health, to be used to enhance such training; and WHEREAS, the CSB desires to accept this grant to implement a peer-based prevention program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That federal grant funds in the amount of $10,000 are hereby accepted and appropriated to the FY 1997-98 Operating Budget for the Department of Mental Health, Mental Retardation and Substance Abuse to provide additional HIV prevention training to at risk youths and adults; and 2. That estimated revenue in the FY 1997-98 Operating Budget for the Department of Mental Health, Mental Retardation and Substance Abuse be increased in the amount of $10,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of April, 1998. 27 28 29 3O CA-6961 ORDIN~NONCODE[HIVGRANT.ORD R-1 PREPARED: 03/23/98 31 APPROVED AS TO CONTENT: 32 34 Mala~me~t Serv 'm~e~/ APPROVED AS TO LEGAL SUF~ D~rtment of Law - 20- Item VI-I. 3. ORDINANCES ITEM # 43423 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize acquisition of a traffic control easement and property conveyed to the City of Virginia Beach for right-of-way purposes from Potter Properties, either by agreement or condemnation, re intersection improvements and the installation of a new traffic signal at the Northwest corner of First Colonial Road and Hilltop Loop/Republic Road (CIP 2-285. 3 7B). ~ting: 11-0 (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, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO AUTHORIZE ACQUISITION OF A TRAFFIC CONTROL EASEMENT AND PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FOR RIGHT OF WAY PURPOSES FROM POTTER PROPERTIES FOR INTERSECTION IMPROVEMENTS AND THE INSTALLATION OF A NEW TRAFFIC SIGNAL AT THE NORTHWEST CORNER OF FIRST COLONIAL ROAD AND HILLTOP LOOP/REPUBLIC ROAD (CIP 2-285.37B), THE ACQUISITION OF PROPERTY EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et ~eq., Code of Virginia of 1950, as amended, of all that certain real property in fee simple, described as shown on the plat entitled: "PLAT SHOWING TRAFFIC CONTROL EASEMENT AND PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FOR RIGHT OF WAY PURPOSES FROM POTTER PROPERTY LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA ENGINEERING DIVISION SURVEY BUREAU DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATE: SEPT. 19, 1996 SCALE: 1"=25' DRAWN BY: DLW," this plat being recorded in Map Book 258, at page 82, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, 7 day of April , 1998. Virginia, on the CA-# PWALDO kW/tLR-ER \ POTTER. ORD R-1 SIGNATURE t DEPARTMENT APPROVED AS TO LEGAL SUFF~IENCY AND FORM - 21 - Item VI-I. 4. a.. ORDINANCES ITEM # 43424 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize temporary encroachment: Into a portion of the City's right-of-way at the East end of 47th Street by the BUFF FOUNDATION, INC., re constructing and maintaining a Memorial Garden (VIRGINIA BEACH BOROUGH). The following conditions shah be required: The temporary encroachment shall 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. The temporary encroachment shah terminate upon notice by the City of Virginia Beach to the applicant and, within thirty (30) days after such notice is given, such temporary encroachment shah be removed from the City's right-of-way known as 47tn Street by the applicant and the applicant shah bear all costs and expenses of removal. 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 applicant. Upon completion of the improvements on the subject property, the Buff Foundation, Inc. hereby dedicates all of said improvements to the City of Virginia Beach. Despite the dedication to the City of the improvements, the applicant agrees to perpetually maintain said temporary encroachment, including structures, irrigation system and landscape material so as not to become unsightly or a hazard. 6. The applicant must submit and have approved a traffic control plan before commencing work in the City's right-of-way. 7. The applicant agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shah be submitted to the Highway Division, Department of Public Works, for final approval. The applicant must obtain a permit from the Development Services Center prior to commencing any construction within the City's right- of-way. Prior to issuance of a highway permit, the applicant must post a performance bond in the amount to be determined by the Development Services Center in accordance with the engineer's cost estimate. April 7, 1998 - 22 - Item Vid. 4. a.. ORDINANCES ITEM # 43424 (Continued) 10. Any above-ground temporary encroachments shall conform to the minimum setback requirements, as established by the City Traffic Engineer's Office. 11. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a professional engineer and/or "as built" plans, sealed by a registered professional engineer, of the temporary encroachment, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 12. The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant 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 applicant; 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 temporary encroachment is allowed to continue thereafter, and shall collect such compensation in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (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, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY BY THE BUFF FOUNDATION, INC., THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, The Buff Foundation, Inc. desires to construct and maintain a memorial garden in the City's right-of-way located at the east end 47th Street. WHEREAS, City Council is authorized pursuant to ~ 15.2- 2107 and 15.2-2009, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE 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 §~ 15.2-2107 and 15.2-2009, Code of Virginia, 1950, as amended, The Buff Foundation, Inc., their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a memorial garden in the City's right- of-way as shown on the map entitled: "Exhibit A Buff Foundation Beautification Project 47th Street & Oceanfront Avenue" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and The Buff Foundation, Inc., (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 34 35 36 37 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as The Buff Foundation, Inc. and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of April , 1998. 39 40 41 42 CA-# pdej esu/encroach/Buff Fdn. R-1 PREPARED: 3/18/98 APPROVED AS TO LEGAL 2 PREPARED BY VIRGINIA B~ACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a](3) AND 59.1-811(c)(4} RBIMBURSEMENT AUTHORI2ED UNDER SECTION 25-249 THIS AGREEMENT, made this l~76 day of /~A/~C/~ , 19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and THE BUFF FOUNDATION, INC., a Virginia Corporation, ITS HEIRS, 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 garden arbor, brick paving, landscaping, fence and irrigation system on City right- of-way known as 47th Street at its intersection with Ocean Front Avenue, in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such garden arbor, brick paving, landscaping, fence and irrigation system, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as 4?th Street; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such garden arbor, brick paving, landscaping, fence and irrigation system within a portion of the City's right-of-way known as 47th Street. 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 47th Street for the purpose of constructing and maintaining such garden arbor, brick paving, landscaping, fence and irrigation system. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained by the party of the second part 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 temporary encroachment into a portion of the City's right-of-way known as 47th Street as shown on that certain plat entitled: "Buff Foundation Beautification Project 47th Street & Oceanfront Avenue Scale 1"=10'," 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 47th Street 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 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 upon completion of the improvements on the subject property, the Buff Foundation, Inc. hereby dedicates all of said improvements to the City of Virginia Beach. It is further expressly understood and agreed that despite the dedication to the City of the improvements, the party of the second part agrees to perpetually maintain said temporary encroachment, including structures, irrigation system and landscape material so as not to become unsightly or a hazard. 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 agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. 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 in the amount to be determined by the Development Services Center in accordance with the engineer's cost estimate. It is further expressly understood and agreed that any above ground temporary encroachments shall conform to the minimum setbacks requirements, as established by the City Traffic Engineer's Office. 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 temporary 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 temporary 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 ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Buff Foundation, Inc. has caused this agreement to be executed in its corporate name and on its behalf by its executive director, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its city manager and its seal be hereunto affixed and attested by its city clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk _ ~~.~ ~rle'.rlene K~ ~man,~. Secretary THE BUFF FOUNDATION, INC. Melanie H. Rice, Executive Director 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by CITY MANAGER. , CITY MANAGER/AUTHORIZED DESIGNEE OF THE My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: N CITY/COUNT~ OF ~ L~ o ~ ~/ ~ J , to-wi The foregoing instrument was acknowledged before me this ./~day of~"~~_._~_~ , 19 ~', by Melanie H. Rice, Executive Director, and Darlene K. Thurman, Secretary, on behalf of the Buff Foundation, Inc. My Commission Expires: Notary Publ~ c LOCATION MAP SCALE : 1" -- 1,600' ,, -- SITE OF ', MEMORIAL GARDEN ENCROACHMENT FOR THE BUFF FOUNDATION MEMORIAL GARDEN ~\/~ 4,7TH STREETA ~'~'~ ~?' '~..,\\ / ~'~, ~'$CALE: 1' = 100'~ ~ PREP~D BY P~ ENG. D~ff. 1~R-199~ BOARD OF TRUSTEES MELANTE PJCE .gAM'tfE. L CY~7'IIA ROBERT TAYLOR DARI~VE K. TI'fURMAN THE BUFF FOUNDATION POST OFFICI~ 6~I DEAR FRIEND, THANK YOU FOR YOUR INTEREST IN THE BUFF FOUNDATION. TIlE BUFF FOUNDATION WAS ESTABLISHED IN APRIL 1997 ON MEMORY OF BUFF TAYLOR KOCH. BUFF PASSED AWAY IN APRIL AFTER A COURAGEOUS BOUT WITH BREAST CANCER. EVEN THOUGH HER BATTLE WAS ONLY A YEAR, HER MESSAGE TO EVERYONE WAS CLEAR: DON'T BE AFRAID.....EARLY DETECT1ON MAY SA VE YOUR LIFE. WITH THAT IN MIND, THE BUFF FOUNDATION PLANS TO CREATE A GARDEN AT THE 47TH STREET ACCESS TO THE OCEANFRONT AS A PERMANENT MEMORIAL TO BUFF. THE PURPOSE OF THE BUFF FOUNDATION WILL BE TO COORDINATE THROUGH FRIENDS, FAMILY, LOCAL GARDEN CLUBS AND THE CITY OF VIRGINIA BEACH THE BREAST CANCER AWARENESS PROJECT OF THE 47TH STREET BEACH ACCESS, HEREAFTER CALLED THE BUFF TAYLOR KOCH MEMORIAL GARDEN. THE GARDEN WILL BE A QUIET RESTING PLACE TO REMEMBER ALL CANCER PATIENTS, SURVIVORS, CARE GIVERS, AND THOSE WHO LOST THEIR BATFLE. WITtI THE GARDENS IN PLACE THE FOUNDATION WILL BE ABLE TO FOCUS ON IT'S MAIN OBJECTIVE OF BREAST CANCER AWARENESS . THE FOUNDATION PLANS TO REACH OUT TO OUR TEEN AGE GIRLS AT THE HIGH SCHOOL LEVEL AND FOSTER THEIR AWARENESS BEFORE THEY LEAVE THEIR HOMES FOR COLLEGE. THE BUFF FOUNDATION PROJECT WILL BE UNIQUE AS A PRIVATE/PUBLIC PARTNERSHIP FOR THE CITY OF VIRGINIA BEACH AND HAS ALREADY HAD A SIGNIFICANT IMPACT ON TIlE COMMUNITY. THE BUFF FOUNDATION HAD OBTAINED RESOURCES SUCH AS MONETARY SUPPORT, CONTRIBUTIONS OF GOODS AND SERVICES, AND COOPERATION OF LOCAL GOVERNMENT AGENCIES, GARDEN CLUBS, AND THE GENERAL PUBLIC. THE FOUNDATION WOULD LIKE TO MAKE AVAILABLE TO YOU OUR OBJECTIVES, BROCHURES AND THE OPPORTUNITY TO PARTICIPATE IN THIS BREAST CANCER AWARENESS PROJECT. PLEASE REVIEW THE ENCLOSED INFORMATION THAT DETAIL THE DIFFERENT GIVING LEVELS AVAILABLE. MEMORIAL BRICKS ORDERS MUST BE RECEIVED PRIOR TO JANUARY 30TH TO BE INCLUDED IN THE INITIAL DEDICATION. THANK YOU FOR YOUR SUPPORT IN THIS WORTHWHILE PROJECT. YOURS TRULY, DARLENE K. THURMAN BOARD OF TRUSTEES HELP PLANT SS - 23 - Item VI-J 4. b. ORDINANCES ITEM # 43425 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize temporary encroachment: Into a portion of the City's 40' cross-reciprocal ingress/egress easement and 40' drainage easement at the rear of 2233 Haversham Close by H. STEVEN CHOI and THERESA L. BATAC re constructing and maintaining a bulkhead, fill, boat lift and marginal wharf into the Chelsea Canal at Broad Bay Greens (L YNNHA VEN BOROUGH). The following conditions shall be required: The temporary encroachment shall 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. The temporary encroachment shah terminate upon notice by the City of Virginia Beach to the applicant and, within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's 40-foot cross-reciprocal ingress/egress easement and 40-foot drainage easement by the applicant and the applicant shall bear all costs and expenses of removal. o The applicant shah indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against aH claims, damages, losses and expenses, including reasonable attorney's fees in case it shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachment 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 applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Development Services Center prior to commencing any construction within the City's 40-foot cross-reciprocal ingress/egress easement and 40-foot drainage easement. The applicant shall obtain and keep in force aH risk property insurance and general liability or such insurance as is deemed necessary by the City, and aH insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes aH responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. April 7, 1998 - 24 - Item VI~J 4. b. ORDINANCES ITEM # 43425 (Continued) The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant 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 applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary 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. Voting: 11-0 (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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE CITY' S 4 0 ' CROSS-RECIPROCAL INGRESS/EGRESS EASEMENT AND 40' DRAINAGE EASEMENT AT THE REAR OF 2233 HAVERSN_AM CLOSE BY H. STEVEN CHOI AND THERESA L. BATAC, THEIR HE IRS, ASS I GNS AND SUCCESSORS IN TITLE Reciprocal located at Subdivision. WHEREAS, H. Steven Choi and Theresa L. Batac, husband and wife, desire to construct and maintain bulkhead, fill, boat lift and marginal wharf into the Chelsea Canal designated as ~40' Cross- Ingress/Egress Easement and 40' Drainage Easement", the rear of Lot 24, Phase I, Broad Bay Greens WHEREAS, City Council is authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE 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 ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, H. Steven Choi and Theresa L. Batac their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a bulkhead, fill, boat lift and marginal wharf in the Chelsea Canal designated as "40' Cross-Reciprocal Ingress/Egress Easement and 40' Drainage Easement", located at the rear of Lot 24, Phase I, Broad Bay Greens Subdivision, as shown on the map entitled: "PROPOSED BULKHEA/D, FILL, BOAT LIFT, MARGINAL WHARF IN: CHELSEA CANAL AT: 2233 HAVERSHAM CLOSE VIRGINIA BEACH, VA APPLICATION BY: DR STEVEN H. CHOI SHEET: 1 OF 6 03/15/97, a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and 37 38 39 4O 41 42 43 44 45 46 47 48 49 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and H. Steven Choi and Theresa L. Batac, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as H. Steven Choi and Theresa L. Batac and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of April , 1998. APPROVED AS TO LEC, AL 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 58.1-81 I(cX4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ,~.! nWday of tc'-e',g£od ~Y' , 1998, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and H. STEVEN CHOI AND THERESA L. BATAC, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. WITNE$$ETH: That, WHEREAS, the party of the second part is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 24, Phase I, Broad Bay Greens Subdivision" and being further designated and described as "2233 Haversham Close, Virginia Beach, Virginia 23454 · GPIN 1499-95-1396" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a bulkhead, fill, boat lift and marginal wharf in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead, fill, boat lift and marginal wharf, it is necessary that the said party of the second part encroach into a portion of an existing 40' cross-reciprocal ingress/egress easement and a 40' drainage easement.; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead, fill, boat lift and marginal wharf within a portion of the City's 40' cross-reciprocal ingress/egress easement and 40' drainage easement. GPIN 1499-95-1396 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 40' cross-reciprocal ingress/egress easement and 40' drainage easement for the purpose of constructing and maintaining such bulkhead, fill, boat lift and marginal wharf. 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 temporary encroachment into a portion of the City's 40' cross-reciprocal ingress/egress easement and 40' drainage easement as shown on that certain plat entitled: "PROPOSED BULKHEAD, FILL, BOAT LIFT & MARGINAL WHARF IN: CHELSEA CANAL AT: 2233 HAVERSHAM CLOSE VIRGINIA BEACH, VA APPLICATION BY: DR. STEVEN H. CHOI," 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 2 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 40' cross-reciprocal ingress/egress easement and 40' drainage easement 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 shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, fxom 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 temporary 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 said temporary encroachment so as not to become unsightly or a agrees to maintain hazard. 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 40' cross-reciprocal ingress/egress easement and 40' drainage easement. 3 It is fitthher expressly understood and agreed that the party of the second part shall 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 also 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 temporary encroachment. 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 registered professional engineer or a licensed land surveyor, and/or "as built" plans of the temporary encroachment sealed by a registered professional engineer, 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 temporary encroachment and charge the cost thereof to the party of the second part, and 4 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 40' cross-reciprocal ingress/egress easement and 40' drainage easement 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 temporary 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, H. Steven Choi and Theresa L. Batac, the said parties of the second part have caused this Agreement to be executed by their signatures and seals duly affmed. 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. ,~PROVED AS TO CONTEN? /,,'.x~.--' . / P , -' ~ ~*" L..'/ I , .' $1ONATURF,~ DEPAI~I'A~.ENT CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk H. Steven Choi i Theresa L. Batac STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ ., 199~, by MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. day of , CITY My Commission Expires: Notary Public 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this VIRGINIA BEACH. day of ,1998, by RUTH HODGES SMITH, City Clerk for the CITY OF My Commission Expires: Notary Public STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this O )c~c,,/ , 199~°, by H. STEVEN CHOI AND THERESA L. BATAC. day of My Commission Expires: o~ - ~8- OI - N~tary Public 7 CHELSEA CANAL ,~v~^~ c^~,~L w~m ss'. 40' CROSS-RECIPROCAL INGRESS/EGRESS EASEHENT 40' DRAINAGE EASEHENT SOUTH TERIHNUS OF BULKHEAD TO TIE INTO BULKHEAD OF JOHN HEFTI. DSC NO. 103-371 cZ) PIN(F) MLW [ PROPOSED': BULKHEAD & FILL SECTION A-A & BANK LINE I PIN(FI NORTH TERIMNUS OF BULKHEAD TO TIE INTO BULKHEAD OF NARWAN HOUNAINNE DSC NO. IO3-$g6 LU J PIN(FI ::.!:.'.~Ri.VE!:!II 2-S TY-BRK ::~.!:::::.::..:~; R · 1448.82 A - 102 SCALE: I' - 40' PURPOSE: EROSION CONTROL DATUM: M.S.L. 0.0 ADJACENT PROPERTY OWNERS L ,JOHN F/El:TI 2. PAUL EPPERLY 3. EDWARD HEIDT 4. P1ARWAN PIOUNAIMNE HA VERSHAH CLOSE PLAN VIEW WA TERFRONT CONSULTING. /NC. 4608 HANOVER COURT VIRGINIA BEACH. VA 25464 PHIFAX: f757) 405-8566 PROPOSED BULKHEAD. F/EL, · O~,TL~FT, PIARGINAL WHARF IN: CHELSEA CANAL AT: 2255 HAVERSHAH CLOSE VIRGINIA BEACH. VA APPLICATION BY: DR. S TEVEN H. CHOI SHEET: I OF 6. 05/15/97 SCALE f.3ROCY \ \ \ \ \ \ I LOCATION MAP \ \ \ Lid Z I I f t I / l I I I I I I I I I I I I ! I I % % \ \ \ \ \ \ I ! I I / / I I I I I I I I I I I / ! LOCATION MAP SHOWING PROPOSED ENCROACHMENT OF BULKHEAD, FILL, BOAT LIFT AND MARGINAL WHARF FOR H. STEVEN CHOI AND THERESA L. BATAC / .,,'~EE/ PREPARED BY PAN ENG. DRAFT. ~10/87 - 25 - Item VI-I. 5. ORDINANCES ITEM # 43426 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Ground Transportation Specialist, Inc. Land Yachts, LLC Long's Limousine Service Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa 3/1. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 - 26- Item VI-I. 6. ORDINANCES ITEM # 4342 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED: License Refunds: $8,912.32 Voting: 11-0 (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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa 3/1. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 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 INTEREST TOTAL YEAR PAID 1996-1997 Audit 41.07 7.06 48.13 Blankenship, Melvin W. 5505 Holly Road Virginia Beach, VA 23451 Collier Development Comp Inc. 2316 Page Court Virginia Beach, VA 23451 Coulson, William Lake T/A Silver Bullet Carpet Cleaning 2317 N. Sandpiper Road Virginia Beach, VA 23456 Eat This! Inc. (J P Barnes) T/A Blimpie Subs & Salads 2951 Shore Drive Virginia Beach, VA 23451 1996-1997 Audit 10.00 0.74 10.74 1998 02/11/98 40.00 40.00 1996-1997 Audit 244.23 244.23 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $343,10 7 of the City of Virginia Beach on the Commissioner of the Revenue Approved as to form: Les~L. Lille~' "' City Attorney were approved by the Council day of ,19 98 Ruth Hodges Smith City 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 INTEREST TOTAL YEAR PAID 1996-1997 Audit 10.00 0.75 10.75 Etheridge, James E. T/A Etheridge Auto Serv 4841 Morris Neck Road Virginia Beach, VA 23457 Framing Concepts 4663 Haygood Road S-202 Virginia Beach, VA 23455 1996-1997 Audit 57.83 4.32 62.15 Forbes Candies Inc/New Corp. T/A Forbes Candies 2692 Dean Drive Virginia Beach, VA 23452 1996-1997 Audit 125.83 9.33 135.16 Four Seasons Travel of Va. Beach 1047 Providence Square 1996-1997 Virginia Beach, VA 23464 Audit 83.53 14.22 97.75 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $305.81 of the City of Virginia Beach on the Commissioner of the Revenue Approved as to form: City Attorney " were approved by the Council day of Ap~-i:[ ,19 98 Ruth Hodges Smith City 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 INTEREST TOTAL YEAR PAID Fuel Feed Plaza Home Ctr Inc. T/A Taylors Do It Center/Taylors Fire Works 601 Nevan Road 1995-1997 Virginia Beach, VA 23451 Glass & Henry PC 1996-1997 T/A Larkspur Psychotherapy Center 505 S. Independence Blvd. #207 Virginia Beach, VA 23452 Higgins Realty Inc. 6620 Indian River Road Virginia Beach, VA 23464 1996-1997 Kanter, H. Lee T/A Kanter And Kanter 8608 Ocean Front Virginia Beach, VA 23451 1996-1997 Audit 639.21 141.17 780.38 Audit 36.54 6.26 42.80 Audit 26.22 1.97 28.19 Audit 196.37 33.86 230.23 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,081.60 ? of the City of Virginia Beach on the l~"h;lip J. Kell~m Commissioner of the Revenue Approved as to form: Le~"l~ I/. Lille~'~ v ~ City Attorney were approved by the Council day of ,19 98 Ruth Hodges Smith City 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 INTEREST TOTAL YEAR PAID 1996-1997 Audit 29.29 6.93 36.22 La Rossa T Garry T/A La Rossa & Company 6052 Providence Road S-101 Virginia Beach, VA 23464 Le Buffet Inc. P. O. Box 270 Virginia Beach, VA 23458 1996-1997 Audit 1,055.70 177.99 1,233.69 Lynnhaven Inc. 1998 T/A Lynnhaven Seafood Markt & Marina 3311 Shore Drive Virginia Beach, VA 23451 M & W Computer Services Inc. T/A M & W Computer Services 4938 Euclid Road Virginia Beach, VA 23462 1996-1997 03/10/98 236.48 236.48 Audit 57.70 9.55 67.25 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,573.64 of the City of Virginia Beach on the 7 were approved day of Certified as to ym : I~ilipJ. Kella-m / N~~''''-'~ v Commissioner of the Revenue Approved as to form: Lte~lie/L. Lilly City Attorney by the Council ,Apr±;[ ,19 98 Ruth Hodges Smith City 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 INTEREST TOTAL YEAR PAID Modlinger, Ronald E. 1996-1997 Audit 81.99 13.96 95.95 T/A Center For Heart & Vascular Ctr 1531 Amberly Forest Road Virginia Beach, VA 23456 Northampton Associates T/A Northampton Inn 5708 Northampton Blvd. Virginia Beach, VA 23455 1996-1997 Audit 284.05 31.98 316.03 Papenhausen, Alison T/A Hair Colorworks 1060 Lynnhaven Parkway #101 Virginia Beach, VA 23452 1996-1997 Audit 30.02 4.08 34.10 Professional Material Damage 4521 Gieneagle Drive Virginia Beach, VA 23462 1996-1997 Au d it 224.84 16.73 241.57 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $687.65 of the City of Virginia Beach on the '15hilip J. K(ellam~ ~ Commissioner of the Revenue Approved as to form: 'L'~sl~ L. Lill~'~ City Attorney were approved by the Council day of Ap~-il ,19 98 Ruth Hodges Smith City 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 INTEREST TOTAL YEAR PAID Pulmonary Medicine of VA Beach 1008 First Colonial Road #103 Virginia Beach, VA 23454 1996-1997 Star Realty Inc. 4846 Virginia Beach Blvd. Virginia Beach, VA 23462 1996-1997 Tri-M Management Of VA Beach Inc. T/A Spinnakers Restaurant 1996-1997 5211 Maryland Way Brentwood. TN 37027 Audit 16.78 2.89 19.67 Audit 51.86 6.50 58.36 Audit 495.79 36.77 532.56 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $610.59 7 of the City of Virginia Beach on the were day ,=~ilip J. Ke~lam Commissioner of the Revenue Approved as to form: esl e L L[,,~ -~ City Attorney approved of by the Council April ,19 98 Ruth Hodges Smith City Clerk FOI~I NO. ¢I. a I~[V. ~ 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 INTEREST TOTAL YEAR PAID 1996-1997 Audit 112.89 8.24 121.13 Ruffin, Willcox, Jr., M.D. 5720 Greenwich Road Virginia Beach, VA 23462 Wilson, Gary E. T/A G W Home Improvements 4912 Fountain Hall Virginia Beach, VA 23464 Winston, Roger Oneal T/A Priority Moving & Storage 600 Spirit Court Virginia Beach, VA 23462 1998 3/13/98 10.00 10.00 1998 3/13/98 10.00 10.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $141.13 of the City of Virginia Beach on the 7 were day Commissioner of the Revenue City Attorney approved of by the Council ,19 Ruth Hodges Smith City 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 INTEREST TOTAL YEAR PAID 1998 3/13/98 10.00 10.00 Somers, Patricia R. 5688 Shinfield Drive Virginia Beach, VA 23464 Tait, James E. T/A Speedy Gonzalez 2228 N. Lakeside Drive Virginia Beach, VA 23454 Thurman, James Amery T/A Thurman & Thurman 3330 Pacific Avenue S-200 Virginia Beach, VA 23451 Wakefield, O. M., D.O. 3304 Arctic Avenue Virginia Beach, VA 23451 1996 Audit 109.28 19.05 128.33 1998 3/13/98 10.00 10.00 1996-1997 Audit 82.93 6.48 89.41 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $237.74 of the City of Virginia Beach on the 7 I:~lip J. Kellam Commissioner of the Revenue City Attorney were approved by the Council day of Ap['.~.]. ,19 98 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 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 INTEREST TOTAL YEAR PAID 1998 3/13/98 10.14 1 o. 14 Owens, Stephen Edward T/A Precision Pressure Wash 512 Kirkwood Lane Virginia Beach, VA 23452 Par Five Inc. T/A Bay Vending 135-D Tilden Avenue Chesapeake, VA 23320 Premier Events Inc. 544 Central Drive #114 Virginia Beach, VA 23454 Print & Mail inc. 4340 Holland Plaza S/C Virginia Beach, VA 23452 1996-1997 Audit 15.21 1.17 16.38 1996-1997 Audit 14.73 0.89 15.62 1998 3/13/98 77.46 77.46 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $119.60 of the City of Virginia Beach on the ,'~Philip J. I~11~'~'v - ~ Commissioner of the Revenue ,~' Le'~lie L. Lilley City Attorney were approved by the Council day of A[3~'± 1 ,19 98 Ruth Hodges Smith City 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 INTEREST TOTAL YEAR PAID Miller, Stephenson & Assoc PF 5033 Rouse Drive Virginia Beach, VA 23462 1996-1997 Audit 537.07 91.29 628.36 Moore Business Forms Inc. 1995 T/A Moore Bus Forms/Data Mgmt 275 North Field Drive Lake Forest, IL 60045 Moore, Vernon R. T/A Total Care Assembly 2117 Marymount Drive Virginia Beach, VA 23464 Audit 2,325.71 401.69 2,727.40 1998 3/13/98 10.00 10.00 North End Paper Company 1996-1997 T/A Suzanne Jacobson A Gallery Of 1860 Laskin Road U-111 Virginia Beach, VA 23454 Audit 24.90 3.21 28.11 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $3,393.87 of the City of Virginia Beach on the 15hii~p J. Ke~lam -- Commissioner of the Revenue Approved as to form: City Attorney were approved by the Council day of April ,19 98 Ruth Hodges Smith City Clerk FORM NO. C:.A. 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 INTEREST TOTAL YEAR PAID 1998 3/13/98 11.20 11.20 Jones, Roger E. T/A Rogers Interiors 5608 Earlton Court Virginia Beach, VA 23464 Krueth, Gloria E. 2488 Cheltenham Court Virginia Beach, VA 23454 Miller, Gary W. T/A Bayside Carpet Care 344 Barcelona Lane Virginia Beach, VA 23452 Miller, Kenneth W. 3781 Summer Place Virginia Beach, VA 23456 1998 3/13/98 10.00 10.00 1998 3/13/98 19.02 19.02 1996-1997 Audit 44.00 6.31 50.31 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $90.53 of the City of Virginia Beach on the Commissioner of the Revenue City Attorney were approved by the Council day of ,19 98 Ruth Hodges Smith City 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 INTEREST TOTAL YEAR PAID 1996-1997 Audit 20.88 2.65 23.53 Ferren, Jerry L. T/A Ferrens Construction 550 Princess Anne Road Virginia Beach, VA 23457 Forbes, Larry W. T/A Arrowhead Barber Shop 5628 Princess Anne Road Virginia Beach, VA 23462 1996-1997 Audit 19.97 3.45 23.42 Gary L. Roberson, CPA, PC 412 Oakmears Crescent Virginia Beach, VA 23462 1996-1997 Audit 180.74 29.78 210.52 Geib, Joseph C. 1996-1997 T/A J C Geib Masonry Contractor 976 Oak Forest Court Virginia Beach, VA 23464 Audit 15.09 2.63 17.72 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $275.19 of the City of Virginia Beach on the ~'hilip J. Kellam Commissioner of the Revenue Approved as to form: ~" Leslie L. Lilley City Attorney were approved by the Council day of ,1998 Ruth Hedges Smith City 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 INTEREST TOTAL Assistance Realty Incorporated YEAR PAID 228 N. Lynnhaven Road #106 Virginia Beach, VA 23452 1998 3/13/98 10.00 Blowe, Joseph L. T/A AACE Services 1629 Peoples Road Chesapeake, VA 23322 1998 3/13/98 10.00 C & P Group Ltd. 272 Windship Cove Virginia Beach, VA 23454 1998 3/13/98 10.00 Contract Cleaners Inc. 1998 2967 International Parkway I #205 Virginia Beach, VA 23452 3/13/98 21.87 10.00 10.00 10.00 21.87 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $51.87 of the City of Virginia Beach on the 7 Ruth Hodges Smith City Clerk were day Commissioner of the Revenue Approved as form: ,~"' ;lie L~ Lilley City Attorney approved by the Council of ,19 98 -27- Item VI-J. 1. APPOINTMENTS ITEM # 43428 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: PERSONNEL BOARD VIRGINIA BEA CH CRIME TASK FORCE WETLANDS BOARD April 7, 1998 - 28- Item VI-AZ APPOINTMENTS ITEM # ,13429 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Mary Anne Nixon Unexpired term thru 12/31/99 FRANCIS LAND HOUSE BOARD OF GOVERNORS Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 - 29- Item VI-~.3. APPOINTMENTS ITEM # 43430 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Kenneth F. Palmer 1 Year Term 04/01/98- 03/31/99 THE PLANNING COUNCIL Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 - 30- Item VI-J. 4. APPOINTMENTS ITEM # 43431 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Adana Elena Clare Gene Earl Feuerhahn H. June Hand-Decker Wayne Arnold Smith Gllenn Charles Snyders Three Year Terms 04/01/98 - 03/31/2001 VIRGINIA BEACH HEAL TH SER VICES AD VISOR Y BOARD Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, II!, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 7, 1998 - 31 ~ Item FI-L. 1. NEW B USINESS ITEM # 43432 Council Lady Strayhorn introduced the Interim Director for Tidewater Regional Transportation and currently Executive Director of PENTRAN, Mr. Michael Townes. Council Lady Strayhhorn expressed that Mr. Townes is very important to the process of merger between PENTR,4N and Tidewater Regional Transportation. The Commission is very appreciative of Mr. Townes ' acceptance of leadership. Mayor Oberndorf extended appreciation to Mr. Townes for his kind service. She was coming back from Washington, D.C., when the USAir Flight to Norfolk was cancelled. She was informed she could return on US Air to Newport News. Mr. Townes graciously drove the Mayor to Norfolk. Mr. Townes said it was his pleasure to give the Mayor a ride and appreciated the most gracious introduction. April 7, 1998 - 32 ~ Item VI-L.2. NEW B USINESS ITEM # 43433 Council Lady Henley referenced there is a conflict in the Comprehensive Plan in the NIMMO CHURCH area. The Comprehensive Plan relates this area should be developed as 0-2; however, it also states it should be developed according to certain historical and architectural standards, which cannot be achieved if the property already has the existing zoning to be developed. Council Lady Henley requested information relative the number of other parcels in that area, which are already zoned, and the City Council will not be able to achieve the architectural standard which the City wouM prefer. Council Lady Henley wouM like to begin the processes to assure the architectural standard April ~, 1998 - 33 - Item VI-L.3. NEW B USINESS ITEM # 43434 B Y CONSENSUS, City Council ACCEPTED: ABSTRACT OF LEGAL CASES RESOL gED- MARCH 1998 April 7, 1998 - 34- Item VI-O. ADJOURNMENT ITEM # 43435 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:35 P.M. Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 7, 1998