HomeMy WebLinkAboutAUGUST 7, 2001 MINUTESCity of Virginia Beach
CITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, Iii, Beach -Dtstnct 6
MARGARET L EURE, Centervdle -Dtstnct 1
WILLIAM W HARRISON, JR, Lynnhaven - Dgstnct ,5
BARBARA M HENLEY, Pnncess Anne - D~strwt 7
LOUIS R JONES, BaysMe - D~stnct 4
REBA S McCLANAN, Rose Hall -Dtstnct 3
ROBERT C MANDIGO, JR, Kempsvdle - D~stnct 2
NANCY K PARKER, At.Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE I_. LILLEZ City Attorney
RUTH I-lODGES-SMITH, MMC, Ctty Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757)427-4304
FAX (757)426-5669
EMAIL. Ctycncl~ctty vtrgmta-beaclt va. us
August 7, 2001
DEVELOPMENT AUTHORITY Annual Report -TPC Clubhouse-
Robert G. Jones, Chaff-Virginia Beach Development Authority
Donald L. Maxwell, Director-Economic Development
12 NOON
II. BRIEFING
- Conference Room -
2:30 PM
.
NIMMO PARKWAY/SANDBRIDGE ROAD
James K. Spore, City Manager
Gary L. Fentress, Assistant City Attorney
m. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room -
4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber-
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Jay Smith
First Baptist Church of Virginia Beach
.
.
.
.
Ordinance to ACCEPT and APPROPRIATE a $166,250 grant from the State Department
of Criminal Justice Services to the FY 2001-02 Sheriff's operating budget re the Drug
Court program.
Ordinance to ACCEPT and APPROPRIATE a $150,000 grant from the Federal Emergency
Management Agency [FEMA] to the Fire Department's FY 2001-02 operating budget re
Urban Search and Rescue. (No City match required.)
Ordinance to TRANSFER $103,671 from the General Fund Reserve for Contingencies and
APPROPRIATE $430,421 anticipated reimbursements from Southeastern Public Service
Authority (SPSA) to the FY 2001-02 operating budget of Public Works re Refuse
Disposal.
Resolution appointing James V. Chafin to the position of Assistant City Attorney effective
7 August 2001.
8. REFUNDS:
a. License - $85,207.84
b. Tax - $21,957.99
Ko
APPOINTMENTS
AGRICULTURAL ADVISORY COMMISSION
BOARD OF ZONING APPEALS
COMMUNITY SERVICES BOARD
PARKS AND RECREATION COMMISSION
SHORE DRIVE ADVISORY COMMITTEE
SOCIAL SERVICES BOARD
WETLANDS BOARD
L. UNFINISHED BUSINESS
Me
NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - June 2001
N. ADJOURNMENT
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)
08/02/01SLB
AGENDA\08/07/01
www.vbgov com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virg~ma Beach, V~rg~ma
August 7, 2001
The Honorable Vice Mayor, Wdham D. Sessoms, Jr, called to order the Joint Meeting of the City Council
and the Virginia Beach Development Authority at the TPC Clubhouse, Prtncess Anne Road on Tuesday,
August 7, 2001, at 12 O0 P M
Donald Maxwell, Dtrector of Economic Development, welcomed those present and introduced the
Honorable Robert G Jones, Chatrman of the Vtrgtnta Beach Development Authortty, who tntroduced the
Authortty Members and former Chatrman, Ken Palmer, who gave the tnvocatton
Councd Members Present
Ltnwood 0 Branch, III, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr
and Rosemary Wilson
Counctl Members Absent
Mayor Meyera E Oberndorf
Margaret L Eure
Wdham W Harrison, Jr.
Barbara M Henley
[Out of Ctty on Vacatton wtth Famtly]
[Vacatton- Church tour of Greece]
[Entered 12 40 P MI
[Counctl Lady Henley's mother had
acctdent and she was takzng her to the
doctor]
Development Authority Members Present
Kenneth D Barefoot, Ehzabeth A "Betsy "Duke, Robert E Fentress,
Robert F Hagans,Jr , Chatrman Robert G Jones
Development Authortty Members Absent and Excused due to prevtous commttments
W Brantley Basmght, III and Stephen W Burke
-2-
DE VELOPMENT A UTHORITY
ANNUAL REPORT
12:55 P.M.
ITEM g48438
Robert G Jones, Chatr- Vtrgtnta Beach Development Authortty, extended apprectatton for the extraordtnary
expen&ture of ttme and energy by the Mayor and Members of the Ctty Counctl wtth thetr personal
tnvolvement tn the Ctty's accomphshments tn economtc development In addttton, by gtvtng a postttve tone
to the effort and settmg out as a major goal of the Ctty the shtfttng of more of the tax burden from
residences to new businesses, the Mayor and Counctl have underwrttten not only the present economic
development, but the future financtal strength of the Ctty Vtce Mayor Wtlham D Sessoms, Jr and Counctl
Member Louts Jones, the appotnted Ltatsons, have given generously of thetr ttme and talent Chatrman
Jones also acknowledged wtth thanks the splendtd support of the Ctty Manager and the Ctty Attorney and
their respecttve staffs wtthout whom the notable achtevements of 2000-2001 would not have been posstble
Donald Maxwell, Director - Department of Economtc Development, has brought enthusiasm and good
judgement to the day-to-day operattons of the Department Mark Wawner, Robert Ruhl, and others of the
staff have performed at a high level of confidence and dedtcatton to goals Mr Jones further extended
apprectatton to Tony Russo and Mary Shephard, for compthng the Annual Progress Report
Followtng the groundbreaktng tn 2000, constructton has begun tn earnest on the much anttctpated $350-
MILLION Town Center of Virginia Beach, a new urban development located wtthtn the core of the Ctty's
emergtng Central Bustness Dtstrtct tn the Pembroke area The Town Center wtll span 25 acres and 14 ctty
blocks, bounded by Vtrginta Beach Boulevard, Constttutton Drtve, Columbus Street and Independence
Boulevard tn the Pembroke area of the Ctty Thts gtganttc step wtll be the "hallmark" of the Ctty throughout
the Twenty-first Century Another major achtevement as repaytng all but a small portion of the Bank of
Amertca loan, utthzed prtmarilyfor the development of Corporate Landing Thts loan of $14-MILLION
has been reduced to approxtmately $300,000 and wtll be "paid in full" this fiscal year
VIRGINIA BEACH DEVELOPMENT A UTHORITY IMPACT ON ECONOMIC BASE
(VBDA PROPERTY- circa 1970 to PresenO
Total Acreage Sold 1,387 Acres
Total Assessed Value $669.8-MILLION
Number of Companies 667
Total Square Footage 10,3 71,215
Total Employment 12,207
Total Real Estate Taxes $ 67. 7-MILLION
VBDA LAND INVENTOR Y SUMMARY
(As of June 30, 2001)
Property Total Acreage Acreage Sold* Acreage Available for
Development
Airport Industrial Park 250 250 0
Oceana West Corporate Park 1,024 966 24
Corporate Landing Office Park 325 67 233
Centre Point Office Park 25 25 0
Lakeview Corporate Park 23 23 0
3 P' Street Proeprty I 0 1
Little Creek Industiral Park 39 39 0
Lynnhaven Industrial Park 15 15 0
Town Center 29 2 19
TOTALS 1, 731 1,38 7 2 77
*NOTE Ftgures may mclude easements, wetlands, rtght-of-way dedtcattons, etc
August 7, 2001
-3-
DEVELOPMENT AUTHORITY
ANNUAL REPORT
12:55 P.M.
ITEM 1148438 (Continued)
The Development Authortty and the Ctty Counctl endorsed the Economic Development Strategy on June
20, 2000 The central theme of the new strategy for Vtrgmta Beach ts the focusmg of resources, or targeting,
to produce the best results Wtthtn thts Strategy ts the tmportance of movtngforward wtth the Southeastern
Parkway and Greenbelt Chatrman Jones beheved thts road should be renamed Princess Anne Parkway.
Mr Jones advtsed the VBDA has been admtntstertng the Economic Development Investment Program
(EDIP) on behalf of the City Counctl tn accordance with the pohcy approved by the Ctty Counctl and
Development Authortty dated January 25, 1994 Durtng thts ttme the VBDA has made 94 grants totaling
$14,900,000 in EDIP funds resultmg tn the creatton and retentton of l8,177jobs and $554,000,000 in
capital investment During the fiscal year July 1, 2000, through June 30, 2001, the followmg nme (9)
compames/projects have been assisted by the EDIP
IMS Gear
K & M Environmental
Insulation Systems
$ 30,000
$ 5O, OOO
Mohawk Marking
Trader Publishing
Global Technical Systems $ 75,000
S.B. Ballard, Inc. $100,000
National Leisure Group $200,000
Fort Story Golf Course Engineering Study $ 50,000
$
3o, ooo
$110,00
0
$350,00
0
A total of $1,025,000 in EDIPfunds were approved and these leveraged over $31,924,400 in capital
investment as well as created 1,197 new full time jobs in the City.
Vtce Mayor Sessoms advtsed accomphshments of thts magmtude are not posstble by a stngle tndtvtdual, tt
ts a combtnatton of tnchvtduals (a full team).
Donald Maxwell, Director of Economtc Development, tntroduced the members of the staff tn attendance
Mark Wawner, Robert RuM, Jerry Stewart, Cynthta Whttbred, Tony Russo, Mary Sheppard and Betty Clark
Mr Maxwell referenced the Northampton Boulevard Corridor Study and ttsjotnt projects wtth the Atrport
Authortty as well as the City of Norfolk Regional projects are important on the Southstde of Hampton
Roads as well as the enttre Pentnsula The average salartes tn these developments, thts past year, have been
$42,500 Thts has been a great year
Revtstons to the EDIP pohcy will be scheduled for a future Ctty Counctl Sesston The Department ts
revtewtng that report at thts ttme
Mr Maxwell expressed apprectatton to the Ctty Counctl and the Development Authortty, espectally under
the leadershtp of Chatrman Robert Jones
August 7, 2001
-4-
CITY MANA GER 'S BRIEFING
NIMMO PARKWA Y/SANDBRIDGE ROAD
2:30 P.M.
ITEM g48439
,lames K Spore, City Manager, brtefed Ctty Counctl relattve an alternattve method to proceed re Ntmmo
Parkway/Sandbrtdge Road The Ctty Manger outhned the Objectives:
Safe access via Sandbridge Road hortzontal ahgnment of roadways, pulhng
dttches back chrectly from the edge of pavement
Provide all weather evacuation route ratstng vertical elevation roadway
Protect Lotus Creek property from further development area that was
envtronmentally senstttve should be protected from further development
Avoid dividing environmental sensitive areas of Back Bay Wildlife. Refuge with
an arterial roadway The straight Ferrell VII ahgnment would impact some of the
properties that have been acqutred by the Back Bay Wtldhfe and tn thetr optnton
as well as that of the envtronmentahst scientist would greatly dtmtntsh the value
of the Refuge and the mvestment of the Federal Government
Maintain an easement for the water and electrical lines for utilities whtch are
already tn place There ts an extstlng water main and electrtcal transmtsston hne
whtch runs through the area
Retain the ability to construct a pedestrian and bike trail along the old Ferrell
VII alignment to Sandbridge in order to have public access
Leverage the financial resources of others to meet the City's stx objecttves
tnvoIvtng Ftsh and Wtld[tfe to asstst wtth funds for the acqutsttton of Lotus Creek
and provtston of the necessary rtght-of-way for constructton of Sandbridge Road,
as well as co-operattng with the permttttng process on these necessary
tmprovements
Is there an alternattve method to achieve the objecttves, as opposed to the stratght sale of the property to
United States Fish and Wildlife ?
Ctty Council has voted to determtne the rtght-of-way for Ferrell VII ts not
necessary for roadway purposes
The State Code specifically allows ctttes can lease property wtth a stmple majortty
vote rather than a super majortty
The lease can be accomphshed by proper and repeated nouficatton
Anyone can respond to the Btd
The Ctty Counctl ts not obhgated to lease to the highest bidder nor even to accept
any proposal
The City can lease up to a 40-year term
The area subject to the lease ts 4,470 hnearfeet (approximately 15 7 acres) Thts
ts the same area which was subject to the prevtous sale agreement between the
Ctty and Umted States Ftsh and Wddhfe
Any btds accepted must retatn a 20-foot strtp for the future btke path and utthty
access easements
Nomtnal rent amount ts betng constdered ($1 O0 per year)
A condttton of the lese would requtre matntenance of the lease area as natural
open space
Assistance would be requtred tn preserving envtronmental senstttve areas
Assistance tn achtevtng needed improvements to Sandbrtdge Road would be
required
August 7, 2001
-5-
CITY MANA GER 'S BRIEFING
NIMMO PARKWA Y/SANDBRIDGE ROAD
ITEM #48459 (Continued)
The City Manager chstrtbuted a copy of the Pubhc Notice relattve tnvttatton to btd for a 40-year lease of
a certatn strtp of land, located tn the Ctty of Vtrgtnta Beach The sttp of land ts a portton of the former
ahgnment of Nimmo Parkway (formerly Ferrell Parkway)
PR OP OSED S CHED UL E
Public advertising dates in Sunday Beacon: August 5, 12, 19, 26, 2001
August 14, 2001:
Public Comment Period
August 27, 2001:
12:00 NOON: Bids received
August 28, 2001:
City Council consider bids
The Ctty Attorney advtsedJudge West's optnton relates to the sale of the Ferrell Parkway rtght-of-way Thts
ts also on appeal and the City wdl proceed wtth thts appeal durtng the course of the year Thts ts a separate
actton If the tdea of selhng Ferrell Parkway recetves rune (9) affirmattve votes or if the Supreme Court
(posstbly next Sprtng) agrees with the ortgtnal optntons of both the Attorney General and the City Attorney,
tt would only requtre stx (6) votes Then, at that potnt tn ttme the property could be sold.for stx (6) votes
If any of the proposals tnvolve the Lotus Creekproperty, Councdman Jones would not be able to parttctpate
If tn the Sprtng, the Supreme Court concurs the Ctty ts able to sell the property on a stmple majortty,
Asststant Ctty Attorney Gary Fentress advtsed, tf tt ts the will of theparttes to return to the ortgtnal proposal
of the sale, the arrangement wdl be mo&fled, the lease wdl be terminated and the property sold
The Ctty Manager advtsed there are three steps to the process public discussion of the concept, public
comment and vote.
The Ctty Manager, advtsed tf multtple lease btds are recetved whtch will entad more tn depth evaluatton,
or, trailer the summary of the btds has been recetved on the Twenty-etghth and Ctty Councd destres to have
pubhc comment on thts date also, this wdl be permttted
The Schedule proposed shall be retatned
August 7, 2001
i
-6-
AGENDA RE VIEWSESSION
2:55 P.M.
ITEM it 48440
HI PRESENTATION
REVENUE SHARING IN LIEU OF TAXES
The Honorable Edward L Schrock, Umted States Seiiate Congress
Suzanne Batrd, MacKay Island Wddhfe Refuge
John Stasko, Refuge Manager, Back Bay Nattonal Wddhfe Refuge
Vice Mayor Sessoms advtsed The Honorable Edward L Schrock ts a member of the Untted States Congress
not Senate
Checks wtll be presented by representattves tn the Formal Session
ITEM it 48441
J1
Or&nance to AUTHORIZE the acqutsttton of Agrtcultural
Reserve Preservatton (ARP) easements and the tssuance of
tts contract obhgattons
(DISTRICT 7 - PRINCESS ANNE)
a Charles W. andArlene C. Lewis 135 33 acres
Installment Purchase Agreement No 2001-3 7
$438,104
b Horace B and Helen J. Malbone 44 43 acres
Installment Purchase Agreement No 2001-38
$195,146
Councd Lady McClanan wtll vote NAY on thts
ITEM it 48442
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
J ORDINANCES/RESOLUTION
1 Ordinance to AUTHORIZE the acqutsttton of Agrtcultural
Reserve Preservatton (ARP) easements and the tssuance of tts
contract obhgattons
(DISTRICT 7 - PRINCESS ANNE)
a Charles IF. andArlene C. Lewis 135 33 acres
Installment Purchase Agreement No 2001-3 7
$438,104
b Horace B and Helen J. Malbone 44 43 acres
Installment Purchase Agreement No 2001-38
$195,146
20rdtnance to declare EXCESS PROPERTY on a 1 935 acre
parcel of land at 1876 Wtldwood Drive and, AUTHORIZE the
Ctty Manager to convey thts property to RML, III Corporation
(DISTRICT 5 - L YNNHA VEN)
30rdtnance to APPROPRIATE $600,000 of FY 2000-01 School
Reverston Funds re energy management for the completton of
asbestos abatement at King's Grant Elementary School
4 Ordinance to ACCEPT and APPROPRIATE a $166,250 grant
from the Vtrgmta Crtmmal Justtce Servtces to the FY 2001-02
Sheriff's operattng budget re the Drug Court program
August 7, 2001
-7-
AGENDA RE VIEW SESSION
ITEM # 48442 (Continued)
50rdtnance to ACCEPT and APPROPRIATE a $150,000 grant
from the Federal Emergency Management Agency [FEMA] to
the Ftre Department's FY 2001-02 operatmg budget re Urban
Search and Rescue. (No Ctty match reqmred )
Ordtnance to TRANSFER $103,671 from the General Fund
Reserve for Conttngenctes and APPROPRIATE $430,421
anttctpated retmbursements from Southeastern Publtc Servtce
Authortty (SPSA) to the FY 2001-02 operating budget of Public
Works re Refuse Disposal
7 Resolutton appotnttng James V. Chafin to the posttton of
Assistant City Attorney effecttve 7 August 2001
8 REFUNDS
a License - $85,207.84
b. Tax - $21,957.99
Counctl Lady McClanan wtll vote a VERBAL NAY on Item J 1 a b
August 7, 2001
-8-
CITY COUNCIL COMMENTS
2:58 P.M.
ITEM # 48443
Counctl Lady Henley advised of attendance Thursday, August 2, 2001, at the Courthouse Estates
community meeting She had been tnvtted by Max Barthlomew of Vtrgtnta Power Ctttzens had requested
a meettng regardtng a proposed Virginia Power transmission line Unfortunately, the restdents were not
aware of thts transmtsston hne planned along the boundary of Courthouse Estates A research of the
Mtnutes deptcted on August 28, 1989, Vtrgtnta Power was propostng a Transmtsston Ltne and new
Substation gotng from thetr Landstown Substatton across West Neck and over to Pungo Counctl Lady
Henley had been concerned as the development of thts transmtsston hne may not be tn comphance wtth the
Comprehenstve Plan and may drive development Counctl Lady Henley had requested the Ctty Attorney
advtse relattve the Ctty's tnvolvement tn thts process However, the permttttngfor a Transmtsston hne ts
through the State Corporatton Commtsston As Counctl Lady Henley did not serve on the Ctty Counctl from
1990 to 1994, she dtd not have any recollectton offurther acttvtttes In Aprtl 1991, a Condtttonal Use Permtt
was awarded for the Vtrgtnta Power substatton on Jarvis Road and tn May 7, 1991, a Resolutton was
adopted essenttally supporttng the transmtsston hne, but requesttng the State Corporatton Commtsston
tmpose conchttons of approval gtvtng due constderatton to the envtronmental tmpacts A memorandum of
the Ctty Attorney, dated June 6, 1991, advtsed three property owners who may potenttally be affected by
the apphcatton of Vtrgtnta Power for a substatton and transmtsston hne requested the State Corporation
Commtsston hold a pubhc hearmg Thts Pubhc Heartng was scheduled for September 19, 1991, tn the Ctty
Counctl Chambers. Domtnton Vtrgtnta Power received the permtt tn early 1992 Courthouse Estates was
butlt tn 1994 and 1995 The permtt has been dormant durtng thts ttme and apparently there has been a lack
of disclosure to the residents As the restdents have become aware, they are very concerned and tntend to
appeal to the State Corporation Commtsston to relocate the hne away from thetr property The restdents
tnqutred tf the Ctty could be tnvolved The Ctty Manager advtsed the staff ts researchtng thts and a report
wtll be provtded to Ctty Counctl
ITEM # 48444
Counctl Lady Henley referenced the Senior Housing Committee Thts Commtttee, of whtch she ts Chatr,
was formed to address the houstng tssues affecttng the elderly After the Commtttee made tts report to Ctty
Counctl, tt dtssolved Counctl Lady Henley wtshed thts Commtttee be reconvened to provtde an update The
first tssue addressed was flex suites, addtttons to stngle-fmatly homes The Ordtnance relattve flex suites
was adopted on October 28, 1997
Or&nance to AMEND Sections 111, 401 and 501 and ADD Section
507 reflex suites tn all stngle-famdy restdenttal zontng dtstrtcts and
provtde a safeguard for thetr use
Vtce Mayor Sessoms advtsed hts famtly has butlt a flex state The other tssued addressed by the Commtttee
was the bmldtng of tndependent and asststed hvtngfacdtttes Counctl Lady Henley requested staff provtde
tnformatton and thts Commtttee be retnstated and meet wtthtn the next month
ITEM # 48445
Counctl Lady Henley tnqutred relative the Oceana Boulevard project A record was set tn the butldtng of
the first sectton of thts Boulevard, however, the second sectton ts proceedtng slowly and ts a "traffic tte-up"
Councd Lady Henley requested a report relative the completton of these secttons E Dean Block, Dtrector
of Pubhc Works, advised the Ctty butlt the sectton tn the mtddle and VDOT ts butl&ng the other two
sections Mr Block shall provtde a schedule.
ITEM # 48446
The Ctty Manager advtsed Counctl Lady Wtlson the Ctty Counctl wtll be advtsed durtng the first City
Counctl Sesston tn September relattve the year end funds avatlable Counctl Lady Wtlson requested as
Vtrgtnta Beach ts "horse country", some of these funds could be uttltzed for an tnctnerator for crematton
of deceased horses
ITEM # 4844 7
Counctl Lady Wtlson advised tn the Ctty's conttnutng effort to make the government more avatlable to the
ctttzenry, child care service begtns tontght and wtll be wtll be provtded tn the future for chtldren ages 3-12
August 7, 2001
-9-
CITY COUNCIL COMMENTS
ITEM # 48448
Counctl Lady Parker referenced mtnutes from the Beaches and Waterways Commission and requested a
report by thts Commtsston relattve the Croatan area Counctl Lady Parker had concerns as she beheved
Croatan ts a pubhc beach
Ytce Mayor Sessoms referenced a concern relattve Rudee Inlet fishing Thts ts a relattvely narrow body of
water and mt#hr tnvolve an enforcement tssue Ftshmg lures have been gotng mto boats from ftshermen
casttngfrom the rocks Vtce Mayor Sessoms wtshes the Beaches and Waterways Commission examtne thts
whole concept
ITEM # 48449
Counctl Lady Parker referenced concerns of ctttzens relattve the Ctty ceasmg ptckup of carpets and fences
from private residences
Councdman Man&go had referenced thts issue durmg the Ctty Counctl Session of duly 10, 2001 There are
many &stressed netghborhoods Houstng and Netghborhood Preservatton ts endeavortng to asstst restdents
matntatn thetr homes tn these netghborhoods Counctlman Man&go had suggested the Ctty shouM
reconstder these shed and fence pickups, as some of these restdents do not have cars and cannot arrange
for transfer of these ttems to a landftll Counctlman Man&go suggested &scusston of thts ttem durtng the
City Counctl Retreat August 10 and 11, 2001 Counctlman Man&go was advtsed tf the Ctty retnstttuted
ptcktng up fences and sheds, approxtmately $80,000 would have to be restored to the Ctty budget thts year
Councd Lady McClanan supported Counctlman Man&go's comments Vtce Mayor Sessoms beheved thts
should be retnstttuted
ITEM # 48450
Councd Lady McClanan referenced correspondence of Hampwn Roads Transit and requested clartficatton
Apparently there ts a more extensive reductton of servtce (approxtmately $510,000) than had been presented
durtng the Operattng Budget Vtce Mayor Sessoms and Counctl Lady Parker agreed to a Pubhc Heartng
at the last HRT meettng. On Thursday mormng, the budget wtll be presented to Counctl Lady Parker and
her Operattng Commtttee and the to HRT's Board that same day After these meetings, tt ts beheved the
reducttons wtll be under $500,000. Patrtcta Phtlhps, Dtrector of Ftnance, and Dale Castellow,
Transportatton Planntng Co-or&nator, wtll &hgently revtew the City's allocatton wtth the HRT
representattves.
A Pubhc Heartng ts scheduled for August 23, 2001, Central Ltbrary, at 6 O0 P M
ITEM # 48451
There will be a formal presentatton of the Joint Land Use Study between the Ctttes of Vtrgtnta Beach and
Chesapeake on the Southeastern Parkway. The Ltatsons are Counctl Members Branch and Eure A spectal
jotnt sesston of the Vtrgtnta Beach and Chesapeake Ctty Counctls has been scheduled for August 23, 2001,
tn Chesapeake
ITEM # 48452
Counctlman Man&go referenced concerns of"red light runners" and traffic enforcement He has recetved
correspondence from a Lynnhaven resident Chtef .lacocks advtsed there have been approxtmately 6700
tickets tssued for runntng "red hghts" durtng thts year Councilman Man&go beheved durtng rush hours,
tntersecttons should be safe Mr Block advtsed Trafftc Engtneertng ts worktng on thts concept Counctlman
Man&go also referenced the newspaper article concerntng htgh temperatures effectlngparking meters and
caustng malfuncttons If there ts a phystcalproblem wtth parktng meters, the restdents and visttors shouM
not be penahzed wtth ttckets Counctlman Man&go requested alternatives be examtned Vtsttors should not
be tmpacted by broken parktng meters
August 7, 2001
-10-
CITY COUNCIL COMMENTS
ITEM # 48453
Vice Mayor Sessoms referenced a citizen's concern relattve selhng hts car and hts entttlement to a personal
property tax refund The Commtsstoner of Revenue advtsed the ctttzen by letter that he was entttled to such
a refund, but he would be requtred to contact them and ask for tt l/'tce Mayor Sessoms requested thts concept
be revtewed for effictency
ITEM # 48454
Vtce Mayor Sessoms referenced hts correspondence concermng support of the pohce cameras on the
Oceanfront and requested the Counctl Members advtse btm of thetr optntons A Pubhc Heartng will have
to be scheduled Counctl Lady Wtlson advised $50,000 must be provtded by the Ctty to match the grant t.f
this ts approved by City Council
Counctl Lady Henley advtsed tnvtttng Chtef Jacocks topresent tnformatton to the Dtstrtct 7 Forum on facial
imaging. Of those atten&ng, only one person tndtcated this concept would be objecttonable Counctl Lady
Henley requested more tnformatton be provtded Council Lady Henley wtshed to hear from the NAA CP and
the Human Rtghts Commtsston concerntng thts concept
Counctl Lady Parker requested presentatton of the concept be scheduled for ctttzens
Counctl Lady McClanan expressed concern and beheved more detatled tnformatton should be presented
ITEM # 48455
Counctl Lady Parker referenced the Resolutton forwarded to the Planmng Commtsston concermng u-hauls
in the B-2 District The Ctty Manager wtll advtse
August 7, 2001
u :' ' ~ City of Virginia Beach
OFFICE OF THE CITY MANAGER
(757) 427-4242
FAX (757) 427-4135
TDD (757) 427-4305
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9001
August 14, 2001
TO:
FROM'
SUBJECT:
James K. Spore, City Manager
C. Oral Lambert, Jr., Chief Operating Officer
SPSA Transfer Station Policies
Attached for your use in advising City Council is Public Works' response to the questions
raised at the meeting last week regarding operating procedures at the Transfer Station.
Council was under the impression that SPSA "...no longer allows pickup trucks to dispose
of material at the transfer stations." As the attached information states in part, the policy
"...still permits residents to deliver nearly all normal household waste to the Transfer
Station for disposal at no cost."
If you need additional information, please let me know.
COLjr/kma
Attachment
From:
To:
Date:
Subject:
George Tzavaras
Lambert, Oral
8/14/01 10:14AM
SPSA Transfer Station Policies
Last week there were questions about the SPSA policies for residents using the transfer stations. The
current policies have been in effect since Jan/Feb 00. They allow residents to dispose of any amount of
household waste (which is indiwdually bagged and tied shut) at the transfer station for free. In addition,
residents can bnng any amount of yard waste which is in clear plastic bags to the station for free
disposal.
For items which won't go in bags (i.e. barbeques, bicycles, etc) Virginia Beach residents can deliver
them, if desired, to the transfer station on Saturday (8 AM to noon) and Monday 8 Am to 4:40 PM)
without charge. (This was an arrangement worked by Wade with SPSA to better serve our citizens,
since the SPSA policy could have been interpreted to require payment for disposal of this material or
delivery to the regional landfill.) Other unbagged debris, such as construction and demolition material is
charged their applicable tipping fee with a $15 minimum. An alternative for residents, however, is to
take it to the Virginia Beach landfill and dispose of it for free (up to 12 times per year).
Per Mr. Hards, SPSA's Transfer Station superintendent, the policy change in 2000 was implemented
primarily to restrict and properly charge for contractor delivery of construction and demolition material.
Bottom line: the policy has not changed since early 2000 and still permits residents to deliver nearly all
normal household waste to the transfer station for disposal at no cost. If you need any additional info,
please let us know.
George
CC: Block, Dean; Devine, Debbie; Kyle, Wade; Shaw, Arthur
-11-
ITEM it 48456
Vtce Mayor Sessoms called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, August 7, 2001, at 3 40
PM
Counctl Members Present
Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba
S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Absent
Mayor Meyera E Oberndorf
Ltnwood 0 Branch, III
Margaret L Eure
[Out of Ctty on Vacatton wtth Famtly]
[Left after Development Authortty report
wtth severe headache/son tll]
[Vacatton- Church tour of Greece]
August 7, 2001
- 12-
ITEM it 4845 7
Vtce Mayor Sessoms entertatned a motton to permit Ctty Council to conduct tts CLOSED SESSION,
pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose
PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of
prospective can&dates for employment, asstgnment, appotntment,
promotion, performance, demotton, salartes, &sctphmng, or
restgnatton of spectfic pubhc officers, appomtees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt
Boards and Commtsstons
Agrtcultural Advtsory Commtsston
Board of Zontng Appeals
Chesapeake ASAP Board
Communtty Servtces Board
Parks and Recreatton Commtsston
Shore Drtve Advtsory Committee
Soctal Servtces Board
Wetlands Board
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real propertyfor a pubhc purpose, or of the dtsposttton
of pubhcly-held real property, where &scusston tn an open meettng
would adversely affect the bargatntngposttton or negotiating strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Property owned by Norfolk tn Ctty of Vtrgtnta Beach
Prtncess Anne Dtstrtct
Contractual Negottatton- Sportsplex Lease
Open Space Issues Lynnhaven Dtstrtct
Prtncess Anne Dtstrtct
Rose Hall Dtstrtct
Beach Dtstrtct
Upon motton by Counctlman Jones, seconded by Counctl Lady Parker, Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Vottng 8-0
Council Members Vottng Aye
Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba
S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
(Time of Closed Session: 3:42 P.M. to 5:30 P.M.)
August 7, 2001
- 13-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
August 7, 2001
6:00 P.M.
Vtce Mayor Wtlham D Sessoms, Jr, called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL tn the Council Chamber, Ctty Hall Butldtng, on Tuesday, August 7, 2001, at 6 O0 P M
Councd Members Present
Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba
S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Absent
Mayor Meyera E Oberndorf
[Out of Ctty on Vacatton wtth Famdy]
Ltnwood 0 Branch, III
[Left after Development Authortty report
wtth severe headache/son dl]
Margaret L Eure
[Vacatton- Church tour of Greece]
INVOCATION Councdman Louts R Jones
and
Reverend Jay Smith
Ftrst Bapttst church of Vtrgtnta Beach
(There were two Invocattons as Reverend Smtth arrived a few mtnutes late)
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, being a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts
capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Disclosure as he may not
know of the Bank's tnterest tn any apphcatton that may come before Ctty Councd Vtce Mayor Sessoms' letter
January 2, 2001, ts hereby made a part of the record
August 7, 2001
Item VI-E
- 14-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 48458
Upon motton by Counctl Lady Parker, seconded by Counctlman Jones, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meeting
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
conventng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 8-0
Counctl Members Vottng Aye
Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wilson
Counctl Members Voting Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
Beso u on
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 48457, page 12, 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 Closed 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 Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~l(uth H.?dg~s Smith, MMC
City Clerk
August 7, 2001
- 15-
Item VI-F. 1.
MINUTES
ITEM # 48459
Upon motton by Counctlman Harrtson, seconded by Counctl Lady Parker, Ctty Counctl APPROVED the
Mtnutes of the INFORMAl, AND FORMAL SESSIONS of July 1 O, 2001
Vottng 8-0
Councd Members Vottng Aye
Wtlham W Harrtson, .Ir, Barbara M Henley, Louts R .Iones, Reba S
McClanan, Robert C Man&go, ,Ir, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, ,Ir and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
- 16-
Item VI-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM ii 48460
B Y CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 7, 2001
-17-
Item VI-H. 1.
PRESENTATION
ITEM # 48461
The Honorable Edward L Schrock Umted States Congress, accompamed by hts Atde, Arch Walpole,
tntroduced Suzanne Batrd, representtng the MacKay Island Wtldhfe Refuge and John Stasko, Refuge
Manger, Back Bay National Wddhfe Refuge
Ms Batrd presented a check to the Ctty of Vtrgtnta Beach tn the amount of $2,001 and Mr Stasko tn the
amount orS172, 686 O0 These checks represented Revenue Sharing in lieu of taxes
August 7, 2001
- 18-
Item VI-I.l. afo
PRESENTATION
ITEM # 48632
Vtce Mayor Wtlham D Sessoms, Jr, DECLARED A PUBLIC HEARING
AGRICULTURAL RESERVE PROGRAM (ARP)
a 135 33 acres-Blackwater
b 44 43 acres- West Neck Road
There betng no speakers, Vtce Mayor Sessoms CLOSED THE PUBLIC HEARING
August 7, 2001
NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY
OF INSTALLMENT PURCHASE AGREEMENTS FOR THE
ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY
THE CITY OF VIRGINIA BEACH, VIRGINIA
Nobce ~s hereby g~ven that the City Council of the C~ty of V~rgmia
Beach, Virg~ma. will hold a pubhc hearing with respect to the execution
and delivery of Installment Purchase Agreements for the acquisition of
agricultural land preservation easements with respect to land located
at 4933 Blackwater Road and land located on the north s~de of West
Neck Road, ~n the City of VIrg~nia Beach, Virglma, pursuant to Ordi-
nance No. 95-2319, known as the Agricultural Lands Preservabon
Ordinance, which establishes an agricultural reserve program for the
southern portion of the C~ty designated to (a) promote and encourage
the preservation of farmland, (b) preserve open spaces and the area's
rural character, (c) conserve and protect environmentally sensitive
resources, (d) reduce and defer the need for major infrastructure
improvements and the expenditure of pubhc funds for such improve-
ments, and (e) assist in shaping the character, d~rectlon and t~m~ng of
community development. Such easements will be purchased pursu-
ant to Installment Purchase Agreements for an aggregate estimated
maximum purchase price of $633,250, The City's obhgation to pay
the purchase price under the Installment Purchase Agreements ~s a
general obhgat~on of the City, and the full faith and credit and the
unhmlted taxing power of the City w~ll be irrevocably pledged to the
punctual payment of the purchase price and the ~nterest on the unpaid
pnnc~pal balance of the purchase price as and when the same respec-
bvely become due and payable. The pubhc heanng, which may be con-
bnued or adjourned, w~ll be held by the C~ty Council on August 7,
2001, at 6'00 p m. in the C~ty Council Chambers located on the 2nd
floor of the City Hall Building at the Mumc~pal Center of the City of V~r-
glma Beach, Virginia. Any person Interested in this matter may appear
and be heard.
CITY OF VIRGINIA BEACH, VIRGINIA
By: Ruth Hodges Smith, MMC
Title: C~ty Clerk
If you are physically disabled or visually impaired and need assis-
tance at this meebng, please call the CITY CLERK'S OFFICE at
427-4303; Hearing impaired, call TDD only 427-4305 (TDD - Tele-
phonic Dewce for the Deaf). , , ·
BEACON - July 22 and July 29, 2001 989354
- 19-
Item VI-I.l.a/b
PRESENTATION
ITEM # 48463
Vtce Mayor Wtlham D Sessoms, Jr, DECLARED ,4 PUBLIC HE,4RING
EXCESS CITY-OWNED PROPERTY- Wildwood Drive- District 5- Lynnhaven
There betng no speakers, Vtce Mayor Sessoms CLOSED THE PUBLIC HE,4RING.
August 7, 2001
THEBEACON
Sunday, July 29, 2001
pu~uc HEARmQ
~,~J,E OF EXCESS CITY PROPIja~"y
The Virginia Beach Ctty COUncd wdl hold a PUBUC HEARING on the
disposition and sale of a 2-acre I~ece of City,)wried property, Tuesday,
August 7, 2001 at 6'00 p.m., in the CouncdChambers of the C,ty Hall
Buildin~ (Buildin~ #1) at the Virginia Beach Municipal Center, Virginia
Beach, Virginia. The property is Iocatad at 1876 Wildwood Drive. GPIN
2408-52-4317. The purpose of this heanng will be to obtain public
Input to determine whether this property should be declared "Excess
of the City's needs".
If you are physically disabled or visually impaired and need assis.
tance at this meetJng, please call the CITY CLERK'S OFRCE at
427-4303; Heanng impeu'ed, call TDD only 427-4305 (TDD - Tele-
phone Dewce for the Deaf). . _ ..
Any quesbons concerning this matter Should be d~recTe~ To the Office
of Real Estate, 2396 Court Plaza Drive, $[uta 103, at the Virginia
Beach Mun,clpal Center. The Real Estate Office telephone number is
(757)427`4161.
city Ck~rk
Item VI-.J.
ORDINANCES/RES OL UTION
- 20-
ITEM # 48464
Upon motton by Counctlman Jones, seconded by Counctl Lady Wdson, Ctty Counctl APPROVED IN ONE
MOTION, Or&nances/Resolutton 1, 2, 3, 4, 5, 6, 7 and 8 of the CONSENTAGENDA.
Voting 8-0 (By Consent)
Counctl Members Vottng Aye
Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
Counctl Lady McClanan voted a VERBAL NAY on Item J 1 a/b
Counctlman Harrtson ABSTAINED on Item d 8 b Tax Refunds A chent of hts law firm (Westmtnster
Canterbury) ts due to recetve a refund due to an adjustment of tax assessments, and the fact that hts firm
ts currently representtng Westmtnster-Canterbury tn a law sutt, Counctlman Harrtson ABSTAINED from
&scusston and voting on this parttcular item
August 7, 2001
Item VI-J. 1.
- 21 -
ORDINANCES/RES OL UTION
ITEM # 48465
Upon motton by Counctlman Jones, seconded by Council Lady Wtlson , City Council ADOPTED:
Or&nance to AUTHORIZE the acqutsttton of Agricultural Reserve
Preservatton (ARP) easements and the tssuance of tts contract obhgattons
(DISTRICT 7 - PRINCESS ANNE)
a Charles W. andArlene C. Lewis 135 33 acres $438,104
Installment Purchase Agreement No 2001-3 7
b HoraceB andHelen J. Malbone 44 43 acres $195,146
Installment Purchase Agreement No 2001-38
Vottng 7-1 (By ConsenO
Counctl Members Vottng Aye
Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $438,104
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$438,104; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
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delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 4.50%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 6.50% unless the approval of
the City Council by resolution duly adopted is first obtazned.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
66 constitutes the indebtedness a contractual obligation bearing
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the full faith and credit of the City.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 7th day of August , 2001.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
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CA-01-8205
wmmkordres\lewisorn, wpd
R-1
July 17, 2001
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APPROVED AS TO CONTENT'
~tment
APPROVED AS TO LEGAL
SUFFICIENCY-
LaL D~artment~
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CERTIFIED AS TO AVAILABILITY OF FUNDS'
Direct0r -~'~ Fi
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2001-37
SUMMARY OF MATERIAL TERMS
SELLER: Charles W, Jr. and Arlene C. Lew~s
PROPERTY LOCATION: Blackwater Road
PURCHASE PRICE: $438,104
EASEMENT AREA: 135.33 acres, more or less
DEVELOPMENT POTENTIAL: 14 s~ngle-famdy dwelhng bmld~ng s~tes (12 acqmred, 2 reserved
for future development)
DURATION: Perpetual
INTEREST RATE: Equal to y~eld on U.S. Treasury STRIPS acqmred by City to fund purchase
price, but not less than 4.50% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement). Rate may not exceed 6.50% without approval of
City Councd.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following executmn and delivery of IPA.
Untitled Document
Page 50 of 57
P~d~K
1
tarlle ~~W1$':,~:~ ~acres~
http://www.usda.gov/oo/entirebook.htm 3/22/2001
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $195,146
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$195,146; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2001-38
SUMMARY OF MATERIAL TERMS
SELLER: Horace B and Helen J. Malbone
PROPERTY LOCATION: West Neck Road
PURCHASE PRICE: $195,146
EASEMENT AREA: 44.43 acres, more or less
DEVELOPMENT POTENTIAL: 5 s~ngle-famfly dwelhng building s~tes (4 acqmred, 1 reserved
for future development)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 5.15% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement). Rate may not exceed 7.15% w~thout approval of
City Council.
TERMS: Interest only twice per year for 25 years, with payment ofprinmpal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and dehvery of IPA.
ARP Boundary Line
Under
Consideration
Malbone
Item VI-J.2.
- 22 -
ORDINANCES/RES OL UTION
ITEM # 48466
Upon motton by Councilman Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Or&nance to declare EXCESS PROPERTYon a 1 935 acreparcel of land
at 1876 Wtldwood Drtve and, AUTHORIZE the Ctty Manager to convey
thts property to RML, III Corporation
(DISTRICT 5 - L YNNHA VEN)
Voting 8-0 (By ConsenO
Counctl Members Vottng Aye
Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING
CITY MANAGER TO CONVEY SAME TO
RML, III CORPORATION
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WHEREAS, the C~ty of Virginia Beach acquired ownership of a certain parcel
of real property containing approximately 1.935 acres, located at 1876 Wildwood Drive
(GPIN: 2408-52-4317) in the City of Virginia Beach, Virginia, (the Property) recorded ~n
Deed Book 1530, at page 0547; and
WHEREAS, the C~ty Council is of the opinion that the Property is ~n excess
of the needs of the C~ty of Virginia Beach and should be sold to RML, III Corporation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the following described Property is hereby declared to be in excess
of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to
convey the smd Property to RML, III Corporation.
All that certain lot, p~ece or parcel of land situate in the City of
Virginia Beach, Virg~ma, and designated and described as
"2.000 ACRES" as shown as on that certain plat entitled:
"SURVEY OF A PORTION OF THE JOHN W. POTTER, et al
PROPERTY TO BE CONVEYED TO ATLANTIC MENTAL
HYGIENE CENTER ADVISORY BOARD · LYNNHAVEN
BOROUGH VIRGINIA BEACH, VIRGINIA' SCALE: 1"-
100'. JANUARY 11, 1968" a copy of which is attached hereto
as Exhibit A. LESS AND EXCEPT that port~on of the
aforesaid property designated and described on the aforesaid
plat as "PROPOSED 15' STRIP OF PROPERTY TO BE
DEDICATED TO THE CITY OF VIRGINIA BEACH,
VIRGINIA FOR STREET WIDENING." Said excepted area
contmns approximately 0.065 acres.
IT BEING the same property conveyed to Grantor by
ATLANTIC MENTAL HEALTH CENTER, successor to
ATLANTIC MENTAL HYGIENE CENTER ADVISORY
BOARD INCORPORATED, a Virginia non-stock corporation,
dated October 29, 1975 and recorded in the Clerk's Office ofthe
C~rcmt Court of the C~ty of Virginia Beach, V~rginia, ~n Deed
Book 1530, at page 547 (GPIN: 2408-52-4317).
3 7 2. That Seven Hundred Fifty Thousand Dollars ($750,000.00) is to be the
3 8 price of the Property.
39
3. Any building site(s) created shall connect to public water and sewer
4 0 where available.
41
This ordinance shall be effective from the date of its adoption.
42
Adopted by the Council of the City of Virgima Beach, Virginia, on the 7th
4 3 day of August ,2001.
45 ORDIN~NONCODE\
46 R-1
4 7 PREPARED: July 9, 2001
APPROVED AS TO CONTENT
Pt~c Works
APPROVED AS TO LEGAL
Department of Law
LOCATION MAP SCALE: 1" -- 1,600'
~ r,,.) # 1876 -~ '
GPIN#2408-52-4317
i; D.B. 260, PG. 547
~ c 1.935 ACRES
'TI tt
~ LQCATION MAP_ o
~ ',~, ~r-IOWING
~,,'-~_ EXCESS CITY PROPER'I'~
~,, ;,,, ~~ 18 7~ WI LDWOOD DRIVE
pm lawson agenda.dgn PREPARED BY P~ ENG. D~FT. I~NOV-2000
SURVEY OF A POHTION OF THE JOHN 1~ POTTER, et el PROPERTY
TO BE CONVE YE g TO .
ATLANTIC MENTAL HYGIENE CENTER ADVISORY BOARD
LYNNHA VEN BOROUGH
MRGINIA BEACH, VIRGINIA ,
SCALE: 1%100, JANUARY 11,1968
FRANK D. TARRALLq JR., 8g ASSOCIATES
SURVEYQII8 Bi ENGINEERS
VIRGINIA BEACH. VIRGINIA
Pfoltertff line changed
4.0.6?04 P.S.~$6, P59
VIRGINIA:
"" · .......... . " ~[ . ., /~V/~. ,,,. ~~~.~
SUMMARY OF TERMS
AGREEMENT FOR THE SALE OF
EXCESS PROPERTY
AT 1876 WILDWOOD DRIVE
OWNER:
City of Virginia Beach.
BUYER:
RML, III Corporation
SALE PRICE:
$750,000 payable as follows:
$ 5,000 upon execution of Agreement of Sale; and
$ 30,000 upon ratification of contract by City ordinance.
$715,000 at settlement in cash or by certified check.
SETTLEMENT
DATE:
September 28, 2001
Item VI-J. 3.
- 23 -
O RD INANCES/RES OL U TION
ITEM # 4843 7
Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson , Ctty Council ADOPTED:
Or&nance to APPROPRIATE $600,000 of FY 2000-O1 School Reversion
Funds re energy management for the completton of asbestos abatement at
King's Grant Elementary School
Vottng 8-0 (By Consent)
Counctl Members Vottng Aye.
Wtlltam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlltam D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
AN ORDINANCE TO APPROPRIATE $600,000
OF 2000-01 SCHOOL REVERSION FUNDS TO
CAPITAL PROJECT # 1-001, RENOVATIONS
AND REPLACEMENT - ENERGY MANAGEMENT,
FOR THE COMPLETION OF ASBESTOS
ABATEMENT WORK AT KING'S GRANT
ELEMENTARY SCHOOL
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WHEREAS, the School Board has requested that anticipated
FY 2000-2001 School Operating Fund reversion funds be appropriated
by the City Council to fund $600,000 of asbestos abatement work
required for King's Grant Elementary School; and
WHEREAS, while the exact amount of the FY 2000-2001 year-
end reversion will not be determined until several months after the
end of that fiscal year, the total is expected to be far in excess
of $600,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That $600,000 of FY 2000-2001 year-end school
reversion funds in the General Fund fund balance is hereby
appropriated from to School Capital Project # 1-001, Renovations
and Replacements - Energy Management, to fund asbestos abatement
work at King's Grant Elementary School.
2. That the appropriations made by this ordinance are
subject to availability of sufficient year-end surplus revenues in
the Virginia Beach School Board's FY 2000-01 Operating Budget.
Virginia,
Adopted b~hthe Council of
on the day of August
the City of Virginia Beach,
, 2001.
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Requires an affirmative vote by a majority of the members
of City Council.
CA8210
NONCODE/KingsGrantord0wpd
R-2
July 27, 2001
Approved as to Content:
Approved as to Legal
Sufficiency:
IRGINIA BEACH
CITY
PUBLIC
SCHOOLS
AHEAD OF THE CURVE
RESOLUTION- King's Grant Elementary School
WHEREAS, in May 2001, the School Board approved a contract with Harbour View Associates for the
Renovation and Replacement - Energy Management Project for King's Grant Elementary School, and
WItEREAS, work was commenced on this project on June 18, 2001, and
WHEREAS, as part of routine asbestos monitonng of the project h~gh levels of air-borne asbestos were
detected on June 20, 2001, and
WI-IEREAS, due to the level of air-borne asbestos detected as well as the bulk reading sample of the
ceiling tiles, the scope of the project must be expanded to include asbestos abatement work, and
WHEREAS, the current estimated range of the cost to perform the abatement work ~s between $500,000
and $650,000, and
WI-i'I~REAS, there will be sufficient unexpended FY 2000/2001 funds which will revert to the City to
accommodate this project, and
WHEREAS, past Council practice has been to re-appropriate reversion funds to the School Board in
September, and
WHEREAS, appropriated funds for this project will be needed prior to September, now, therefore, be it
RESOLVED: That the Board approves and affirms the use of the $600,000 of FY 00/01 projected
reversion funds as additional funding for the asbestos abatement work for King's Grant Elementary as
presented by the Admm~stration and upon appropriation of such funds by City Council authorizes the
Assistant Supenntendent of Adm~mstratlve Support Services to execute a change order of up to $600,000
with Harbour View Associates to perform the asbestos abatement work; and be it further
RESOLVED: That the School Board requests the City Council to appropriate $600,000 of the FY
2000/2001 reversion funds In July 2001 for CIP project 1-001 specifically for the Renovations and
Replacement - Energy. Management project currently underway at K~ng's Grant Elementary School, and be it
further
RESOLVED: That a copy of this resolution be spread across the official m~nutes of this Board, and the
Clerk of the Board Is directed to deliver a copy of this resolution to the Mayor, each member of City
Council, the City Manager, and the City Clerk
Adopted by the School Board of the City of Virginia Beach this 3rd day of July 2001
SEAL
Daniel D Edwards, Chairman'
Attest
D~anne P Alexander, Clerk of the Board
CERTIFIED TO BE ATRUE
AND CORRECT COPY
Clerk, School Board of the
City of Virginia Beach
School Adm~n,strat~on Budding · 2512 George Mason Drive · P O Box 6038 · Virginia Beach, VA 23456-0038
JUL-27-2001 14:34 BUDGET DEVELOPMENT 757 427 8737
IRGINIA BEACH CITY PUBLIC SCHOOLS
P.O3Y05
AHEAD OF THE CURVE
FACSIMILE
Timothy R. lenney, Ph.D.
Superintendent
MEMORANDUM
TO:
FROM:
SUBJECT:
School Board~bcrs
Tim Je~
Kings Grant CIP 1Voject
DATE: lunc 25, 2001
Plea.sc find attached a memorandum from Tony Arnold to John Kalocay describing
problems at Kings Grant Elementary School that werc discovcred during a normal ceiling
tile and light replaccment project. Thc document is self-explanatory and~plea-sc bc
adviscd that wc are taking all precautionary steps to communicate with staff, legal
counsel and notifying the press tomorrow afternoon that this is now an asbestos
abatcmcnt projcct.
Suffice to say, thc added cost is at present not available and must bo generated through a
re-appropriation by Council from year-end funds. The estimate of needed additional
funds for CIP project l-O01 is between $500,000 and $650,000. Wc will be preparcd for
an actionable item Tuesday, Suly 3, at the Organizational Mccting. We are also providing
for a closed session for full explanation with lcgal counsel and staff regarding any .
questions you may have.
As always, should you have any immediate questions or concerns, please do not hesitate
to contact us prior to July 3.
Attachment
/dpa
2512 George Meson Drive · P.O Box 6038 . V~rglnla Beach. VA 23456-0038
7S7.427 4326 757.426.$680 Fax
//
JUL-2?-2001 14:34
IRGINIA
BUDGET DEUELOPMENT
757 427 8737
BEACH CITY PUBLIC SCHOOLS
AHEAD OF THJ CURVE
Administrative Support Services
Office of Facilities Planning & Construction
June 25, 2001
P.04/05
M F~MOR A NDIVM
TO;
FROM:
John S. Kalocay, Assistant Superintendent
Administrative Support Services
//FAnthony L. Arnold P.E., Director
acilities Planning & Construction
SUBJECT: KING'S GRA~T ELEMENTARY SCHOOL
II II J- · Il Ill I I Ill I Ill I
As you arc aware, we had a ceiling/lighting r~placcment project scheduled for tills summer at gang's
Grant Elementary School. This effort is funded through CIP project l-O01 Renovations and
Replacements - Energy Management.
The Office of Facditics Planning & Construction contracted with thc architectural firm of Gl~an &
Sadler to provide design services for this project. Included in Glenn & Sadler's scope of services was
asbestos inspecting and testing and proper documentation in the project specifications.
The project was bid on April 25, 2001, and in May the School Board authorized the Superintendent to
execute a contract in thc amount of $126,493 with Harbor View Associates to serve as the general
contractor. The conlractor was given a Notice to Proceed on site, 1une 18, 2001, and begin thc required
demolition work that same week. As a part of the routine asbestos monitoring of insulated pzpe elbows on
Wednesday, June 20, 2001, high levels of fibers were detected in thc air within the area of demolition.
The air reading sample was. 134 F/CC (a r~ading greater than. 1 F/CC, is above thc p~'nussible exposure
limit as determined by OSHA. Samples taken by the schools' industrial hygiene representative (non-
school employee) on the same day, determined after laboratory testing that the ceiling tiles, which were
removed as part of thc routine demolition and were not thought to contain asbestos, were in fact asbestos
contaimng. Thc bulk reading sample, which identifies thc amount of asbestos in thc actual ceiling tile, (a
solid measurement in comparison to airborne) was 8% content by weight and is not considered hazardous
unless it is airborne. 'l-he area in que..stmn is contained and does not pose any health hazard according to
government guidelines.
Upon notification of the lab tests indicating the air and bulk levels of asbestos present, Mrs. Sulie Lucas,
the school division's industrial hygienist, immediately shut the job down and took the appropriate steps
to seal off the affected areas of the building. Fortunately, there were no children or school employees m
the affected areas of the building. The City's Parks and Recreation summer program was operating in the
gyrrmasium, which was not affected by the project as was determined by testing. Addiuonally, Pnncipal
Linde Sidone and some of her staff were working in other ar~as of the building, which were not affected.
/
·
JUL-2?-2~II~I 14:35 BUDGET DEVELOPMENT
K~ng's Grant Blcmcntary School
Page 2
June 2~, 2001
?57 427 8?3? P.05/05
The general contractor, Harbor View Associates, had already disposed of thc asbestos containing ceiling
tiles m thc Higgcrson-Buchanan Landfill, which is a privatc landfill in Chcsapeakc on June 20, 2001.
This landfill is not licensed to receive asbestos-containing materials; therefore, thc State Deparuncnt of
Environment Quali~y (D£Q) was called in by Virginia Beach City Public Schools and made aware of the
issue. DEQ has required that all of thc asbestos containing material be properly removed from thc landfill
and disposed of in a landfill, which is properly liccnscd. Thc abatement subcontractor on thc project,
ACS Environmental, prepared an abatement plan and began hauling the matcnal to a landfill m Amelia
County, Virginia the morning of lune 25,2001.
Since thc discovcry of asbestos, King's C. uant Elementary School has bccn properly secured and thc
remainder of the project will bc ~reatcd as an abatement site. Thc balance of the asbestos containing
materials will bc properly disposed of and all affected areas will be cleaned. Mrs. Sidon¢ will be sending
a letter to her staff on Tuesday, June 26, 2001, informing them of the asbcstos rcmoval project and ask
that they refrain from visiting the school in the interim.
h is worth noting that the school division originally contracted (as a state contrac0 with BCM Potomoc
in 1987, in compliance with a federal mandatc to identify asbestos containing materials in all schools.
BGM Potomac took nine samples of ceiling tiles in 1957 and no asbestos was detected. This ts noted in
~hc Asbcstos Hs?srds Emergency Responsc Act (AHERA) nmnual, which is on fil. c at the school and was
also provided (as is customary) to Glcrm & Sadler. Additionally, the firm Environmental Testing and
Monitoring Services (ETMS) was hired to take three additional samples of ceiling tiles in 199S as a
result of planned ADA restroom modifications. El'MS tested three samplcs In 1998 and no asbestos was
detected. The Department of Bnviromnental Quality (DBQ) has stated it is required by law to issue a
citation, may assess a finc, and, schools have 10 days to have the material removed from thc Chesapeake
dump. DBQ has stated this even though schools havc cmploycd 3 outsidc contractors who failed to report
the presence of asbestos in ceiling lilt.
Thc total additional cost to Virginia Beach City Public Schools to complete the abatement work at King's
On-ant and to properly clean up thc landfill in C'hcsapcake may bc between $500,000 to $650,000.
Additional funding outside of thc current capital project will be r~quired and a mmsfer of funds will
require School Board and City Council approval. Additionally, thc School Board will bc required to
approve increasing Harbor View Associates' contract by greater than twenty-five pcrccnt of its original
value.
pc.'
Kevm T. Bulifant, Project Manager
Facilities Planning & Construction
Francis J. Foster Jr., Director
Office of School Plant Services
Mrs. Suite C. Lucas, Industrial Hygienist
Office of Bnvironmcntal Services
- 24 -
Item VI-J.4.
ORDINANCES/RESOL UTION
ITEM it 48468
Upon motion by Councilman Jones, seconded by Council Lady Wilson, City Councd ADOPTED:
Or&nance to ACCEPT and APPROPRIATE a $166,250 grant from the
Vtrgmta Crtmmal Justtce Servtces to the FY 2001-02 Sheriffs operating
budget re the Drug Court program
Vottng 8-0 (By Consen0
Counctl Members Voting Aye.
Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Councd Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
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AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRAI~T
IN THE AMOUNT OF $166,250 FROM THE STATE
DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE
FY 2001-02 SHERIFF"S OFFICE OPERATING BUDGET FOR
THE PURPOSE OF CONTINUING THE DRUG COURT PROGRAM
IN THE CITY OF VIRGINIA BEACH
WHEREAS, the Virginia Beach Sheriff's Office has been
awarded $166,250 from the State Department of Criminal Justice
Services to continue a DUI/Drug Court Program in the City of
Virginia Beach, and the grant's requirement of an in-kind match of
$8,750 can be satisfied with existing appropriations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a grant in the amount of $166,250 is hereby
accepted from the State Department of Criminal Justice Services to
the FY 2001-02 Sheriff's Office Operating Budget for the purpose of
continuing the Drug Court Program in the City of Virginia Beach and
estimated revenue from the state is hereby increased accordingly.
2. That 2.5 (coordinator, deputy case manager and part-
time clerk typist) full-time equivalent positions are hereby added
to the Sheriff's Office FY 2001-02 Operating Budget
3. That funding for the state-funded services and
programs described in this ordinance is contingent upon continued
funding, and if this funding is reduced or eliminated, then the
programs or services, as well as the positions added to provide
the programs or services, will be reduced accordingly.
27
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of August , 2001.
Requires an affirmative vote by a majority of the members of City Council.
30
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CA8211
noncode/sheriffCJSord.wpd
R-3
July 27, 2001
Approved As to Content:
i~4anagem6nt )Services
Approved As To Legal
Sufficiency:
Joseph B Benedett~
Director
COMMONWEALTH of VIRGINIA
Department of Criminal Justice Services
June 28, 2001
805 East Broad Street, Tenth Floor
Richmond, Virginie 23219
(804) 788-4000
FAX (804) 371-8981
TDD (804) 388-8732
Mr James K Spore
City Manager
City of VA Beach
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Title: Drug Court Program
Dear Mr. Spore
I am pleased to advise you that grant number 02-B3675DC02 for the above-referenced grant program has
been approved in the amount of $166,250.00 in Special Funds and $8,750 in Local Cash Match for a total award
of $175,000.
Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions.
To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to
Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the
conditions carefully; as some require action on your part before we will disburse grant funds.
When ~ve receive documentation sho~ving that you have complied with the conditions, you will be eligible
to request funds awarded under this grant. A REQUEST FOR FUNDS form is also included with this letter
and should be used for this purpose. You may request funds at the same time you submit the documentation of
compliance with the grant conditions or at any time thereafter. However, we cannot process your request until
we have received and approved all required information.
We appreciate your interest in this grant program and will be happy to assist you in any way we can to
assure your project's success If you have any questions, please call Dan Catley at (804) 786-8477.
Yours very truly,
Enclosures
CC
The Hon Paul Lanteigne, Sheriff
Ms Patr~c~a K Phillips. D~r of Finance
Mr Dan Catley. DCJS
Criminal Justice Servmce Board · Commdtee on Training · Juvemle dusbce and Dehnquency Prevention Advisory Comm~ee
Advisory Committee to Court Al~pomted Soecml Advocate end Children's Jusbce Act Programs
Private Securfly Serv,ces Adwsory Boarcl · Criminal Justice Informer,on Systems Commfltee
Department of Criminal Justice Services
805 Esst Brotd Street. 10th Floor. Richmond. VA 23219
Statement of Grant Award/Acceptance
Subgrantee--
Va Beach City
Grant Period-
From: 7/1/2001
Date: June 28, 2001
Through: 6/30/2002
Grant Number-
02-B3675DC02
Pro~ect Director
The Hon. Paul Lanteigne
Sheriff
VA Beach Sheriffs Office
2501 James Madison Bivd
Virginia Beach, Virginia 23456
Phone No: (757) 427-4073
Project Administrator
Mr. James K. Spore
City Manager
City of VA Beach
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Phone No: (757) 427-4242
Finance Officer
Ms. Patricia K. Phillips
Director of Finance
City of VA Beach
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Phone No: (757) 427-4681
GRANT AWARD BUDGET
Budget Categories
A. Personnel
B. Consultants
C. Travel
Federal
$ 0
$ 0
$ 0
DCJS Funds
Special
$97,830
$39,769
$9,815
Sub~rnntee Match
$ 0
$ 0
$ 0
D. Equipment $ 0 $4,440 $ 950
E. Indirect Expenses $ 0 $ 0 $ 0
$ 0
$14,396
$166,250
F. Supplies & Other
Expenses
TOTALS
$ 0
$7,800
$8,750
TOTALS
$97,830
$39,769
$9,815
$5,390
$ 0
$22,196
$175,000
This grant is subject to all rules, regulations, and criteria included in the grant application and the
special conditions attached thereto.
l'he undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does
hereby accept this grant and agree to the conditions pertaining thereto, this day of ,20 .
Signature:
Title: Mr. James K. Spore, City Manager
STATEMENT OF GRANT AWARD SPECIAL CONDITIONS
Subgrantee:
Department of Criminal Justice Services
805 East Broad Street
Richmond, Virginia 23219
Intensified Drug Enforcement Assistance - Local Agencies
Va Beach City Grant Number: 02-B3675DC02
Title: Drug Court Program
Date: June 28, 2001
The following conditions are attached to and made a part of this grant award:
! Where the Statement of Grant Award reflects a required cash match contribution, the grant recipient agrees, by accepting
the award, to provide the match as shown.
2. By signing the Statement of Grant Award/Acceptance, the grant recipient agrees:
to use the grant funds to carry out the activities described in the grant application, as modified by the terms and
conditions attached to this award or by subsequent amendments approved by DCJS;
to adhere to the approved budget contained in this award and amendments made to it in accord with these terms and
conditions;
and to comply with all terms, conditions and assurances either attached to this award or submitted with the grant
application
The subgrantee agrees to submit such reports as requested by DCJS on forms provided by DCJS. Funds fi.om this grant
will not be disbursed, if any of the required Financial or Progress reports are overdue by more than 30 days unless you can
show good cause for m~ssmg the reporting deadline
4. Grant funds, including matching funds, may only be expended and/or obligated during the grant period All legal
obligations must be fulfilled no later than 90 days atter the end of the grant period.
5. By accepting this grant, the recipient assures that funds made available through it will not be used to replace state or local
funds that would, in the absence of this grant, be made available for the same purposes.
.
Subgrantees may follow their own established travel rates if they have an established travel policy If a subgrantee does
not have an established policy, then they must adhere to state travel policy The state allows a $0 325 per mile for
mileage Transportation costs for air and rail Is at coach rates.
.
Within 60 days of the starting date of the project, the subgrantee must initiate the program funded. If not started during
this period, the subgrantee must report to the DCJS, by letter, the steps taken to initiate the project and the reasons for the
delay, and the expected starting date. If the project is not operational within 90 days of the start date, the subgrantee must
receive approval in writing from the DCJS for a new implementation date or the DCJS may cancel and terminate the
project and redistribute the funds to another program.
No amendment to the approved budget may be made without the prior written approval of DCJS. No more than
two (2) budget amendments will be permitted during the grant period. Budget amendments must be requested
using the enclosed Budget Amendment Request form accompanied with a narrative, No budget amendments will
be allowed after Aprd 30, 2002.
9. The subgrantee agrees to forward a copy to the DCJS of the scheduled audit of this grant award
10.
All purchases for goods and services must comply with the Virginia Public Procurement Act. Procurement transactions,
whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide
maximum open and fi'ce competition. An exemption to this regulation requires the prior approval of the DCJS and is only
given ~n unusual circumstances Any request for exemption must be submitted in writing to the DCJS.
Grant No:
Statement of Grant Award Special Conditions (Continued)
02-B3675DC02
I 1. PROJECT INCOME: Any funds generated as a direct result of DCJS grant funded projects are deemed project income.
Project income must be reported on forms provided by DCJS, The following are examples of project income: Service
fees; Client fees; Usage or Rental fees; sales of materials; income received from sale of seized and forfeited assets (cash,
personal or real property included).
12. Prior to DCJS disbursing funds, the Subgrantee must comply with the following special conditions:
a) Provide justification for subsistence and airfare.
b) Update "Memorandum of Understanding" to include all involved parties.
JUL--19--O1 03:~3 PM V.D.SHERXFFS OFFICE TS? 42T 50~T P.01
Grant Application
Department of Criminal Justice Services, 808 East Broad Street, Richmond, Virginia 23219
Grant Pmg~,m: VIRGINIA DRUG COURT GRANT PROGRAM '
I I I I i I
Applicant: CITY OF VIRGINIA BEACH
J ,mledlctlon(,)Sewed: VII~GII~IA Bi~.ACH ......
Program TIUe: VA BEACH SHERJFF'8 OFFICE DU'I~i:)RUG TREATIt~..NT COURT PROGRAM
i I I I I
Grant Period: JULY If 2001 TO JUNE 30, 2002
iii i i ii I
Type of Application: [:3 New
[] ConUnuaUon of Grant Number. 070100-063001
C! Revision of Grant Number.
' Project Dirg, ,ctor , Project Administrator Finance Officer
'Name: PAUL LANTEIGNE JAMES K. SPORE PATRICIA K. PHILLIPS
i ii ! i i ii
Tab: SHERIFF crrY MANAGER DIRECTOR OF~ FINA~iCE'"
AddreEe: :~101 JAMES MADISON ~LVD 2401 cOURTHOUSE DRIVE 2401 COURTHOUSE DFUVE
VIRGINIA BEACH, VA VIRGINIA BEACH, VA VIRGINIA BEACH, VA
23456 23456 23456
Phone: (75¥) 42,7-4073 ' . (757) 427-4242,, , ~/'57) 42,7,-468t "
Floc: (76'7) 427.8073 (757) 427;.4135. . (757) 427-4302
E.mall: p~iilnteklned~i:Lv, buoy.corn iaeereta~beov.co~ DDhlllh~ll~vlXlOV. com
.$ignatU.,re. Of Project Administrator: ~ !/__, ~ ~
Brief ProJee. t.. De. CrlpUon: L} I ,.
Through the uae of comprehensive treatment and rehabilitation programs, it le the mission of the Virginia
Beach Sheriff's Office DUI/Drag Treatment Court Program to serve our community and promote public safety
by reducing the criminal recidivism rate of those pemons who commit crimes as a result of their drug and/or
alcohol addlcUons. All misdemeanant offenders who are referred will be seen weekly by the program staff
encl the drug court judge. In aclclltlon to being referred to treatment, offenders will be required to submit to
· minimum of two urine screens and/or breathalyzem per week.
project Bu~lget summary DC~,$ Funds ., '"1 ' Match,
Federal General
Pemonnel $ $ 97,829.67 $ ' '
I iw i i
ConsultantS $ $ 39,769.33 $
i i iii i
Travel/$ubsistsnce $ $ 9.815.00
Equlp.ment ' ' , $ . "$ 4,440.00 $ 950.00 " ,,
Indirect Costs $ $ 0.00 $
i ii
8uppIleelother operatin..g Expen$N $ S 14,396.00 ,, $ 7,800.00
Tots~,: .. $ $166,250.00 $ 8,750.00
.... Torsi ....
Grand : ,000.00
.. . . , j. . ..,
....
III
DCJS-l-01g8
DC, JS-l-0492
i i I i I I ii
ITEMIZED BUDGET
I
I
1. Personnel/Employees DCJ8 FUNDS APPLICANT MATCH TOTAL
I
Poll.on J~nm~ll Houm
a. Names of Employee! Titles 8llaq Rate Devoted FEDERAL STATE CASH IN-KIND
BARNES. KIMBERLY" Deputy/CM 2950t.00 2080 ' 29501.00 ' 29501.00
VACANT (new position) Coc~rdinator 39500.00 2080 " 39500.00 ' 39500.b0
VACANT (new po~tion) CLERK TYp 8840.00 1040 ' " 8840.00 ' 8840.00
II I i i ii ! i i i
i
i ii
TOTAL: /7841 .tX) L/7841.00
,b. Fringe Benefits HEALTH INSURANCE ¢~ 2280 4~60.00 . ,. 4580.00
F!,CA % - 0620 . .. .4826.14 4826.14 .
Retirement = 1301 8977.03 8077 03
i i i i i
giber (Itemize) - 0145 MEDICARE 1128.60 1128.69
.0072 UFE INS . 40~.81 . 41~ 81
TOTAL: 19988.67 19988 67
TOTAL PERSONNEL (a + b): 97829.67 97829.67 ,
2. Consultants Iincluding Travel and Subsistence)
I I -- II I I I I I
a. Individual Con~ultant~
Type: TREATMENT SERVICES 39769.33 :19769.33
i ii i i
Hour~ Devoted:
i i i i
TOTAL: 39769.33 39760.33
II II I · I
b. Omanlzations and A~.s?c!atlon. , ~ ,
Type: , , ,
Fee:
· ii · ,m ,
Time Devoted:
i
TOTAL:,
r. Cormultente' Sub~latsnce and Travel
I I
Number of Days:
i I i
Rate/Day: ....
TOTAL:
I , TOTAL CONSULTANTS (a + b + c~ , ,
3. Travel and Subsistence for Project Personnel
a. Local Mileage _600,0.__ X __.29. per m!le 11740.0,0, ,, 1740.00
b. Non-local Miles _5000_ X .2g, per mile · 1,450.00 1450 00
c. Subsistence _75 .clays X _35.00_ Der day , -~825.00 2625.00
d. Air or other fares 4000 .. 4000.00 4000.00
,, TOTAL TRAVEL: 9815 O0 9815.00
· III
I
i
IT;M!ZED BUDGET rConUnu,o~
I I
4. Equipment DCJS FUNDS APPUCANT MATCH TOTAL
Type Qu. ntlty nit Price R~ntal FEDERAL STATE,. CASH IN-KIND,
COMPUTER 3 1080.00 R 3240.00 3240.00
~AINTENANCE &
~IETWORK SUPPORT
i i i
COPIER 1 950.00 ~ 150.00 950.00
COMPUTERS (PEk DCJS 1 1200.00 ~ 1200.00 "' 1200.00
STANDARD~) , , ,
,.
TOTAL EQUIPMENT: 4440.00 950.00 5390.00
II I
5. Supplies and or, her Expenses
~,p' . au'"!"y
! i
OFFICE SUPPLIES 12 140.00 1680.00 1880.00
I iiii i I i i
TI~INING 3 1000.00 &000.00 3000.00
Ill I J '
PRINTING 12 110.00 1320.00 1320.00
,
TELEPHONES 3 X 12 108.00 2376.00 2376.00
...
i i i i i
COMPUTER 12 50.00 600.00 600 00
SUPPLIES
POSTAGE 12 60.00 720.00 720.00
mi i m i
IDCAC 2000.00 2000.00
i
Wearing Apparel I 1500.00 i.500.00 1500.00
Police Suppli~ I 1200.00 ,1200.00 1200.00
i i i · ii
RENT 12 650.00 7'800.00 7800.00
i i
TOTAL SUPPEES AND OTHER: 143~6.00 7800.00 ~.196.00
IIIII I II I I II I
6. Indirect Cost
I I
I o.oo o..oo
TOTAL INDIRECT COST: 0.00 0.00
7. Cash Funds
!- - i ii i · i i i l i l .Il , ·
,--
~tl I
II J i i i i , ,,
ii ....
, TOTAL:
I
Item VI-J.$.
- 25 -
ORDINANCES/RES OL UTION
ITEM # 48469
Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson , Ctty Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE a $150,000 grant from the
Federal Emergency Management Agency [FEMA] to the Ftre
Department's FY2001-02 operattng budget re Urban Search and Rescue.
(No Ctty match requtred )
Vottng 8-0 (By ConsenO
Counctl Members Vottng Aye
Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
AN ORDINANCE TO ACCEPT AND APPROPRIATE A
$150,000 GRANT FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY
2001-02 OPERATING BUDGET TO SUPPORT THE
OPERATIONS OF THE CITY'S URBAN SEARCH AND
RESCUE TEAM
10
11
12
13
14
15
16
WHEREAS, the City of Virginia Beach, has been awarded a $150,000
grant from FEMA that does not require a city match.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a $150,000 grant is hereby accepted from the Federal Emergency
Management Agency and appropriated to the Fire Department's FY 2001-02
Operating Budget to support the FEMA Urban Search and Rescue Team, with
estimated revenue from the federal government increased accordingly.
17
18
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 7th day of August , 2001.
19
20
21
22
CA8201
Noncode/FEMA02ORD.WPD
Ri
July 26, 2001
23
24
25
26
27
APPROVED AS TO CONTENT
Cather~n Rl Whitesell
Department of Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
Department
Federal Emergency Management Agency
Washington, D.C. 20472
June 7, 2001
Mr. Steven Cover
Virginia Beach Fire Department
Special Operations Municipal Center
2408 Courthouse Drive, Building #21
Virginia Beach, VA 23456-9065
Dear Mr. Cover:
Enclosed is a fully executed copy of FEMA agreement number
EMW-2001-CA-0177. Please retain these documents for your records.
Should you have any questions, you may contact me at (202) 646-4572.
Sincerely,
Lisa A. Lewis
Grants Management Specialist
Enclosure
EMW-2001-CA-0177
CONTINUATION PAGE
A.1 PRICE/COST SCHEDULE
ITEM
NO.
0001
DESCRIPTION OF
SUPPLIES/SERVICES
VA TF-2 US&R
FUNDING/REQ NO: 01:
QTY UNIT
1 Each
$150,000.00
UNIT
PRICE
$150,000.00
W372998Y
AMOUNT
$150,000.00
PAGE SUBTOTAL -
$150,000.00
$150,000.00
GRAND TOTAL ---
ACCOUNTING AND APPROPRIATION DATA:
ACRN APPROPRIATION
01 2001-06 -4240AD-4430 -
-4101 -D
REQUISITION NUMBER
W372998Y
AMOUNT
$15o,ooo.o
Page 2
FEDERAL EMERGENCY MANAGEMENT AGENCY
ASSISTANCE AWA,~, DIAMENDMENT
I ,~S$1STAhC8 INSTRUMENT ' 2 TYPE OF ACTION
~' COOPERATIVE AGREEMENT D GRANT r~ AWARD
3. INSTRUMENT NUMBER 14 AMENDMENT NUMBER 5. EFFECTIVE DATE
EMW-2001-CA-0177 I See Block 21
7 RECIPIENT NAME AND ADDRESS
O AMENDMENT
6 CONTROL NUMBER
W372998Y
8 ISSUING/ADMINISTRATION OFFICE
Virglma Beach Fire Department
Attn Steven Cover
Special Opera[tons Mumc~pal Center
2408 Courthouse Dnve, Building #21
Virg,n,a Beach VA 23456-9065
Federal Emergency Management Agency
Office of Financial Management
Grants & Acqum~t,on Support D~vlslon
500 C Street. S W.
Washington DC 20472
Speclahst Usa ALevas. (202) 646-4572
9 RECIPIENT PROJECT MANAGER
Steve Cover. (757) 427-0693
11 ASSISTANCE ARRANGEMENT
r~ COST REIMBURSEMENT
r'~ COST SHARING
r-'] FIXED PRICE
~ OTHER
14 ASSISTANCE AMOUNT
PREVIOUS AMOUNT
AMOUNT THIS ACTION
TOTAL AMOUNT
12. PAYMENT Ml::i HOD
r~ TREASURY CHECK
REIMBURSEMENT
[--1 ADVANCE CHECK
~ LETI'ER OF CREDIT
$0 O0
$150.000 00
$150,000 00
10 FEMA PROJECT OFFICER
Wanda Casey. (202) 646-4013
13 PAYMENT OFFICE
Federal Emergency Management Agency
Accounting Services Division
Disbursement & Receivables Branch
500 C Street. S W, Room 723
Washington DC 20472
15 ACCOUNTING & APPROPRIATION DATA
16 DESCRIPTION OF PROJECT
See Continuaaon Page
Th,s ,s a Coopera~e Agreement for the development and maintenance of National US&R Response System resources.
wh;ch w~ll be prepared to provide qualified and competent US&R personnel in support of ESF-9 under the Federal
Response Plan
For the terms and condlbons of this Cooperabve Agreement, refer to the following Agreement Articles
The Statement of Work is included as Attachment A
END AGREEMENT
17 REClPIEN'I' REQUIREMENT
r~ RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8
r'~ RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT
18. RECIPIENT ~l'ype name and Utle)
FEMA Form 40.21. APR 15
19. ASSISTANCE' OFFICER (Type name and title)
"~~,,'I~ C~ Sylvia A. Carroll
Assistance Officer
OATE 121 R E. OF DA uN
REP~CES EDITIO~ O~ JUL ~, WHICH IS OBSOi~E ' "
/
-6
NARRATIVE FOR BUDGET PERIOD
3-30-2001 TO 2-28-2001,
VIRGINIA TASK FORCE 2
This report is a narrative to support the estimates submitted by VA TF2 for the FY 2001
budget period This report is submitted as part of the budset package dated 4-30-01.
Training
Thts estimate encompasses an estimated 1200 personnel hours for a total of $30,000 00 and
fringe benefits of $4,000 00 Travel costs are estimated at $5,000.00. These travel costs will
be utilized to send Task Force personnel to outside locations for training opportumties This
category is set aside for FEMA sanctioned specialist courses, as well as other chances to
enhance the learmng and capabilities of US&R personnel There is a designation set aside in
this budget cycle for construction in the training category This funding will be utilized to
enhance the USAR training site being developed in Virginia Beach This site ~s currently
utilized to deliver structural collapse ~escue technician courses to the necessary personnel
The $15,000.00 will further support the funding that was expended last budget cycle in this
area
Equipment
This estimate is generated for the purchase of the necessary equipment to keep the Task Force
as current as possible, as outlined by the cache list dated January 28, 2000 This list is under
review to compare it to the current equipment on hand within the Task Force and
tmprovements are made as funding will permtt. It is estimated that $70,000 00 will be spent
In this category A~ ess of need that have been highlighted are the medtcal drug cache and the
over-the-road response capabilities of VATF2
Management
Esttmates in this category are $11,000 00, $5,000 00 to cover travel expenses and $6,000 00
to offset supply needs There is no funding being set aside tbr augmenting the program
coordinator's salary, it is felt the other areas are a higher pnorit3' at this time The sponsoring
agency will absorb most of the necessary costs in this area
Sto rage/Maintenance
The estimates in this section are primarily associated wzth refurbishment of the cache after
training functions and to maintain the state of readiness. The estimate for equipment in this
area is $10,000 00 and other associated costs are estimated at $5,000 00 This will include
costs derived for housing the cache at fine station 10.
These costs are estimates and will be adjusted as necessary to effectively deliver the FEMA
US&R program Subsequent reports will detail the expenses in each category.
Aug 01 01 Ol:3Sp
VA Beach F~re Dept. DCO [757)427-1272
_ ,. ,~ ~
..... ~ ..
a o ~ ~ ~ o ~ _
~ Z ~ ~ ~ ~ m
~ ~ ,~ c -
~ o ~ ~ o
~ ~ ~ ~ i~ o
~ ~z m ldo
, ..
o ~ ~
~ ~ ~ ~ o ~ u -
I III II I I I
Item VI-J. 6.
- 26-
ORDINANCES/RES OL UTION
ITEM it 484 70
Upon motion by Counctlman Jones, seconded by Councd Lady Wdson , Ctty Counctl ADOPTED:
Or&nance to TRANSFER $103,671from the General Fund Reserve
for Conttngenctes and APPROPRIATE $430,421 anttctpated
reimbursements from Southeastern Pubhc Service Authority (SPSA)
to the FY 2001-02 operattng budget of Public Works re Refuse
Disposal.
Vottng 8-0 (By Consent)
Counctl Members Vottng Aye
Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Mandtgo, Jr, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ORDINANCE TO TRANSFER $103,671 FROM THE
GENERAL FUND RESERVE FOR CONTINGENCIES AND
APPROPRIATE $430,421 TO THE FY 2001-02
OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC
WORKS TO FUND INCREASED REFUSE DISPOSAL COSTS
WHEREAS, the Southeastern Public Service Authority
("SPSA") approved a tipping increase its budget on June 27, 2001,
which will make the City's refuse disposal costs rise by
approximately $534,092;
WHEREAS, based on a 1984 agreement between the City and
SPSA, the City is to be reimbursed $430,421 from SPSA for a portion
of these costs; and
WHEREAS, sufficient funds from the General Fund Reserve
for Contingencies are available to be transferred to the Department
of Public Works for the balance of the cost, which is $103,671.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $103,671 is hereby transferred from the General
Fund Reserve for Contingencies, to the FY 2001-02 operating budget
of the Department of Public Works to fund a portion of the
increased refuse disposal costs for SPSA.
2. That $430,421 in anticipated reimbursements from
SPSA is hereby appropriated to the FY 2001-02 operating budget of
the Department of Public Works, with estimated revenues increased
accordingly.
26
27
28
29
30
31
32
33
34
35
36
37
Adopted by the Council of the City of Virginia
Beach, Virginia on the 7th day of August 2001
CA-8208
F:~Data~ATY\Ordin~NONCODE~PW SPSA Cost Increase Ordinance.wpd
July 26, 2001
R2
Approved as to Content:
Approved as to Legal
Sufficiency:
/ anagem nt ervi ces
City At~r~y /
Item VI-J. 7.
ORDINANCES/RES OL UTION
-27-
ITEM it 484 71
Upon motion by Councdman Jones, seconded by Counctl Lady Wtlson , Ctty Council ADOPTED:
Resolutton appotnttng James V. Chafin to the posttton of Assistant City
Attorney effecttve 7 August 2001
Votmg 8-0 (By Consent)
Counctl Members Vottng Aye
Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
10
11
12
13
A RESOLUTION APPOINTING JAMES V.
CHAFIN TO THE POSITION OF ASSISTANT
CITY ATTORNEY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to ~ 2-166 of the Code of the City of
Virginia Beach, Virginia, James V. Chafin is hereby appointed to
the position of Assistant City Attorney, effective August 13, 2001.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 7th day of August, 2001.
CA-8207
DATA\ATY\ORDIN\NONCODE\Chafin. Res
July 17, 2001
RI
APPROVED AS TO LEGAL
SUFFICIENCY:
ty~A~t----rney~to ' --
C1
- 28-
Item VI-J. 8. a.
ORDINANCES/RES OL UTION
ITEM # 484 72
Upon motion by Councilman Jones, seconded by Counctl Lady Wtlson , Ctty Counctl APPROVED:
REFUNDS:
License
- $85,207.84
Vottng 8-0 (By Consent)
Council Members Voting Aye
Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
FORM NO C A 8 REV 3/86
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 appl,cat~ons for I~cense refunds, upon cert,hcat~on
of the CommissIoner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ADVOCAT STEVEN L
ANDERSON ENVIRONMENTAL SYSTEMS
ATLANTIC COAST PLUMBING & DRAINAGE
BARLETT AMY-LEE
BAYSIDE HEATING & AIR CON INC
BEACH EYECARE INC
BROSIUS DAVID
BULLOCK WILLIAM R
CAMERAS & HOBBIES
CASSADA GERALENE R
ClTIFINANCIAL INC
COMMERCIAL CREDIT CORP
CREATIVE ELECTRICAL CONTRACTOR INC
EAST COAST LAWN & LANDSCAPE INC
FARLEY THOMAS R
FORBES CURTIS W
FOUR CLOVER DISTRIBUTING INC
KILBER LEONARD A
LAPE JOHN D
MCDONALDS OF NORTH CAROLINA
OGDEN CHECK APPROVAL NETWORK INC
OLD HOUSE SPECIALIST INC
SEMCOR INC
WILL DON INC
2001 07/03/01 14 97 0 00 14 97
2001 07/06/01 103 98 0 00 103 98
06/28/01 AUDIT 16 89 0 56 17 45
07113/01 AUDIT 6 15 0 15 6 30
07/05/01 AUDIT 31 92 5 77 37 69
2001 07/10/01 190 17 0 00 190 17
07/03/01 AUDIT 73 43 16 50 89 93
07/10/01 AUDIT 141 49 20 04 161 53
07/05/01 AUDIT 8 78 5 64 14 42
07/05/01 AUDIT 8 95 6 57 15 52
07/05/01 AUDIT 0 40 0 06 0 46
07/05/01 AUDIT 6,871 75 162 51 7,034 26
2001 07/16/01 10 00 0 00 10 00
2001 06/18/01 12 30 0 00 12 30
2001 07/17/01 40 00 0 00 40 00
07/03/01 AUDIT 147 95 6 16 154 11
07/05/01 AUDIT 187 68 15 99 203 67
2001 07/06/01 29 17 0 00 29 17
2001 07/02/01 10 00 0 00 10 00
2001 07/12/01 3 00 0 00 3 00
06/13/01 AUDIT 1,247 08 267 90 1,514 98
2001 07/10/01 2 60 0 00 2 60
07/05/01 AUDIT 33,257 79 6,254 07 39,511 86
07/10/01 AUDIT 0 42 24 07 24 49
Certified as to payment.,,
Comr~rss~o'ner of the Revenue
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng
C~ty of V~rgm~a Beach on the
Approved as to form
""C ~ty A~'torne)~' offIce/
Ruth Hodges Smith
City Clerk
49,202 86 were approved by the Councd of the
7th day of August ,2001
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 apphcabons for license refunds, upon ced~flcatlon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
A S IMAGINED LLC
ADDY JOHN R
AMERICAN GENERAL FINANCE INC
AMERI CAN GENERAL FINANCE OF AMERICA INC
ATKINSON REALTY INC
ATLANTIC ENTERPRISES OF VA INC
ATLANTIC GOLD & SILVER INC
AUTO MASTERS INC
B & VENDING INC
B & B LAWN EQUIPMENT INC
BAY BREEZE ENTERPRISES INC
BEACH AUTO PAINTING INC
BISHARD DEVELOPMENT CORPORATION
BOGARD CLAYTON H
BOULEVARD ASSOCIATES LLC
BRAGG PRISCILLA GALBREATH
BREAD PUDDING CO LLC THE
BURKE CATHERINE EVA
C & W EQUIPMENT CORP
CHILDRENS SURGICAL SPECIALIST GROUP INC
D & M CORPORATION
DMA MANAGEMENT INC
DOLGENCORP INC
EDWARDS JOHN R
GORDON ALLISON & LEVINE
HARBOR VIEW ASSOCIATES INC
HARRISON BERARD DDS
HORNER CORPORATION THE
KEENAN JOHN ANDREW
KENT DEAN E DDS
LELAND CARRIE A
M D B CORPORATION
MANDARIN EXPRESS INC
NORFOLK PAINT CO INC
ONHAIZER BRENDA K
ORIENTAL ASSOCIATES INC
ORIENT EXPRESS INC
PRIMECO PERSONAL COMMUNICATIONS LP
PROFESSIONAL EXCHANGE CORP THE
R M MILLS & ASSOCIATES INC
REGIS CORP
RESOURCE CONSULTANTS INC
ROMANOFF FLOOR COVERING INC
SKATING CENTER INC/JUNE MAYO
SLAM PROPERTIES MGT III LLC
TIDEWATER PIZZA TIME INC
06/25/01 AUDIT 0 00 26 43 26 43
06/27/01 AUDIT 10 00 0 00 10 00
06/15/01 AUDIT 874 40 116 54 990 94
06/15/01 AUDIT 784 90 104 61 889 51
06/11/01 AUDIT 107 31 25 78 133 09
05/31/01 AUDIT 118 54 18 72 137 26
06/28/01 AUDIT 345 10 79 95 425 05
06/11/01 AUDIT 59 66 6 79 66 45
2001 03/12/01 10 00 0 00 10 00
06/25/01 AUDIT 110 50 23 90 134 40
05/30/01 AUDIT 40 00 12 33 52 33
2001 06/12/01 119 12 0 00 119 12
2001 07/02/01 203 05 55 83 258 88
06/08/01 AUDIT 10 00 1 33 11 33
06/27/01 AUDIT 1,266 75 168 83 1,435 58
06/18/01 AUDIT 179 09 50 66 229 75
06/08/01 AUDIT 10 00 1 33 11 33
06/18/01 AUDIT 30 00 1 66 31 66
06/20/01 AUDIT 108 52 10 07 118 59
06/08/01 AUDIT 658 01 0 00 658 01
06/05/01 AUDIT 12/30/99 0 03 0 17
06/06/01 AUDIT 0 00 738 98 738 98
1998-99 AUDIT 21 52 0 00 21 52
05/31/01 AUDIT 18 24 5 62 23 86
2001 07/02/01 258 32 0 00 258 32
06/29/01 AUDIT 595 49 20 28 615 77
2001 07/02/01 256 12 70 43 326 55
06/19/01 AUDIT 368 44 82 87 451 31
2001 07/26/01 44 54 0 00 44 54
06/13/01 AUDIT 214 06 13 06 227 12
05/07/01 AUDIT 16 00 1 98 17 98
2001 06/29/01 19 42 0 00 19 42
06/26/01 AUDIT 147 50 4 92 152 42
06/21/01 AUDIT 3,444 95 384 53 3,829 48
06/20/01 AUDIT 779 48 163 86 943 34
06/25/01 AUDIT 213 96 45 44 259 40
06/25/01 AUDIT 125 46 46 81 172 27
05/31/01 AUDIT 344 19 0 00 344 19
06/11/01 AUDIT 10 00 I 33 11 33
06/06/01 AUDIT 2,122 85 311 00 2,433 85
2001 06/22/01 338 78 0 00 338 78
06/27/01 AUDIT 5,563 43 1,321 58 6,885 01
06/18/01 AUDIT 1,088 31 128 85 1,217 16
06/05/01 AUDIT 623 63 83 12 706 75
06/13/01 AUDIT 880 69 0 00 880 69
06/29/01 AUDIT 180 05 17 21 197 26
~o-m~,s~one~' ~f'{h(C[:~'evenue
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totaling
C~ty of V~rg~ma Beach on the
26,867 18
7t:h
Approved as to form
'"C~ty Attorn~ Off~ce
were approved by the Councd of the
day of August. ,200.1.
Ruth Hodges Smith
C~ty Clerk
FORM NO C A 8 REV 3/~6
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 apphcabons for hcense refunds, upon cert~flcatmon
of the Commmss~oner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
TRI CITY TOURS INC
V B JOINT VENTURE
VIEVVTRONICS SERVICE CO INC
VIRGINIA STRAND ASSOCIATES
WINNER TRADING CO OF AMERICA LTD
2001 06/27/01 12 70 0 00 12 70
06/05/01 AUDIT 389 78 82 11 471 89
06/21/01 AUDIT 99 39 25 03 124 42
06115/01 AUDIT 8,197 00 273 12 8,470 12
06/25/01 AUDIT 44 56 14 11 58 67
Ced~fled ap to j;)aym.,~t/'////
Comm~s'~one; ~f the R~venue
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totahng
C~ty of V~rgima Beach on the
9,137 8O
7th
A i~t~,t,,1,u,~r°ved ~s t~f°rm ""
Attorney ~ffice
were approved by the Council of the
day of August ,20 01
Ruth Hodges Smith
C~ty Clerk
- 29-
Item VI-J. 8. b.
ORDINANCES/RES OL UTION
ITEM # 484 73
Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson , Ctty Counctl APPROVED:
REFUNDS:
$21,957 99
Vottng 7-0 (By Consent)
Counctl Members Vottng Aye
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Abstatntng
Wtlham W Harrtson, Jr
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L. Eure and Mayor Meyera E Oberndorf
Counctlman Harrtson ABSTAINED on Item d 8 b Tax Refunds A chent of hts law firm (Westmtnster
Canterbury) ts due to recetve a refund due to an adjustment of tax assessments, and the fact that hts firm
ts currently representtng Westminster-Canterbury tn a law sutt, Counctlman Harrtson ABSTAINED from
dtscusston and vottng on thts parttcular ttem
August 7, 2001
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcat~ons for tax refunds upon certfficat~on of the Treasurer are hereby approved
Tax Type Ticket Exoneration Date
NAME Year of Tax Number Number Paid Penalty Int.
Total
Bell, Wade W 2001
Cherry Nathan Edward & Fay L 2001
Poole, Ralph S & Alberta N 1999
Poole, Ralph S & Alberta N 1999
Poole, Ralph S & Alberta N 2000
Poole, Ralph S & Alberta N 2000
Poole, Ralph S & Alberta N 2001
Westminster-Canterbury of ItR 2001
Woods, Toby K 2001
Blev~ns, L~nda 1996
Lattm~ore, Rodney D 1996
TOTAL:
RE(2/2) 0 !-009603-1 05/30/01
RE(2/2) 01-022718-6 06/05/01
RE(I/2) 99-097937-6 EA 12/05/98
RE(2/2) 99-097937-6 EA 05/19/99
RE(I/2) 00-099117-2 EA ! 1/17/99
RE(2~2) 00-099117-2 EA 05/23/00
RE(l/2) 01-100342-4 EA 12/05/00
RE(2~2) 01 - 134174-6 EA 12/05/00
RE(2/2) 01-139257-5 05/21/01
PP(1/2) 96-01021231-1 EA 05/22/01
PP(2/2) 96-02282291-5 EA 05/22/01
291 26
58 50
23 91
23 91
23 92
23 92
23 92
21350 00
76 19
61 08
138
$21,957.99
Th~s ordinance shall be effective from date of adoption
The above abatement(s) totahng
$21,957.99 were approved by
the Council of the City of V~rg~ma Beach
on the 7 day of August
2001
Ruth Hodges Snuth
C,ty Clerk
Jo T Atk,nson, ~rr~ashrel/
Approved as to form
City Attorney
- 30-
Item VI-K. 1.
APPOINTMENTS
ITEM # 484 74
B Y CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS:
BOARD OF ZONING APPEALS
SOCIAL SER VICES
August 7, 2001
- 31 -
Item VI-K.2.
APPOINTMENTS
ITEM # 484 75
Upon NOMINATION by Counctl Lady Henley, Ctty Counctl REAPPOINTED:
Bonnie Bright
John W. Cromwell, Jr.
Donald H Horsley
4 yr term - 10/01/01 - 9/30/05
A GRICUL TURAL AD VISOR Y COMMISSION
Vottng 8-0 (By ConsenO
Counctl Members Vottng Aye
Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
- 32 -
Item VI-K. 3.
APPOINTMENTS
ITEM # 484 76
Upon NOMINATION by Counctlman Jones, Ctty Councd APPOINTED:
Charles R. Wall
Unexpired thru 6/30/02
CHESAPEAKE ASAP
Vottng 8-0 (By Consent)
Counctl Members Vottng Aye
Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
- 33 -
Item VI-K. 4.
APPOINTMENTS
ITEM # 484 77
Upon NOMINATION by Councdman Jones, Ctty Counctl NOMINATED:
Michael Clark
COMMUNITY SER VICES BOARD
(to be appotnted 8/14/01)
lin accordance wtth Vtrgtnta State Code, Sectton 37 1-195,
tnformatton on the above proposed appotntee ts avatlable tn the
Office of the Ctty Clerk]
August 7, 2001
- 34-
Item VI-K.$.
APPOINTMENTS
ITEM # 484 78
Upon NOMINATION by Councdman Harrtson, Ctty Counctl:
APPOINTED:
Michael Pankow
At large
Karen Yarborough
Kempsville
AND, REAPPOINTED
Ray Marion
Rose Hall
3 yr. Terms 9/01/01 - 8/31/04
PARKS AND RECREATION COMMISSION
Vottng 8-0 (By Consent)
Counctl Members Vottng Aye
Wtlham W Harrtson, Jr, Barbara M. Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
- 35-
Item VI-K. 6.
APPOINTMENTS
ITEM # 484 79
Upon NOMINATION by Councdman Jones, Ctty Counctl APPOINTED:
Alaura Guion
Unexpired thru 6/30/03
SHORE DRIVE AD VISOR Y COMMISSION
Vottng 8-0 (By Consent)
Counctl Members Vottng Aye
Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
- 36-
Item VI-K. 7.
APPOINTMENTS
ITEM # 48480
Upon NOMINATION by Council Lady Henley, Ctty Counctl REAPPOINTED:
Frank V. Lane
5years. 10/01/01-9/30/06
WE TLANDS BOARD
Vottng 8-0 (By Consent)
Counctl Members Vottng Aye
Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, Margaret L Eure and Mayor Meyera E Oberndorf
August 7, 2001
-37-
Item VI-L. 1.
NE W BUSlNESS
ITEM # 48481
B Y CONSENSUS,
Ctty Clerk to record ABSTRA CT OF CIVIL CASES RESOLVED -
June 2001
August 7, 2001
CIVIL LAWSUITS RESOLVED DURING THE MONTH
OF JUNE, 2001
Robert Dane v City VirgJma Beach - Negligence
Franklin R Edwards v Granville W White, School Board of the City of Virginia Beach,
Virg~ma, C~ty of V~rg~ma Beach Pubhc Schools and City of V~rgima Beach - Negligence
Note Disposition details available on request from the C~ty Attorney's Office
- 38-
Item VI-N.I.
AD JO URNMENT
ITEM #48482
Vtce Mayor Sessoms DECLARED the Ctty Council Meeting ADJOURNED at 6:15 P.M.
Beverly'O Hooks, CMC
Chief Deputy City Clerk
William D. Sessoms, Jr.
Vice Mayor
Ctty Clerk
Meyera E. Oberndorf
Mayor
Ctty of Vtrginia Beach
Vtrgtnta
August 7, 2001
OFFICE OF THE CITY MANAGER
(757) 427 4242
FAX (757) 427-4135
TDD (757) 427-4305
August 15, 2001
The Honorable Mayor and
Members of City Council
City of Virginia
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456 9001
Re Collection of Fencing and Sheds
Dear Mayor and Members of Council
The Public Works, Waste Management Division is making preparations to return to the collection
of fencing and sheds effective September 4, 2001
There will be a restriction of sheds not to exceed 100 square feet The normal s~ze sheds are 10 x
10 or 8 x 12 feet Fencing will be collected ~n quantities not to exceed 10 sections per collection
day These are the regulations previously followed by the Waste Management Division to assist
the crews in being able to complete daily routes and provide service to all residents
The public notification will include VBGov com/Citizens Services Guide, Beachline, the Public
Works Web Page, and the Waste Management recording as residents call for service An
appropriation of $80,000 has been ~dentified to provide for the disposal costs of this material
With pride in our City,
cc E Dean Block
P Wade Kyle
City of Virginia
Beach
OFFICE OF THE CITY MANAGER
(757) 427-4242
FAX (757) 427 4135
TDD (757) 427 4305
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9001
August 14, 2001
The Honorable Meyera E Oberndorf and
Members of Council
RE Oceana Boulevard (First Colonial Road),
CIP 2-833 001 "Southern End", CIP 2-833 002 "Northern End"
Dear Mayor and Council Members
During Council' s meeting on August 7, 2001, several questions and concerns were raised regarding
the progress of work along the northern and southern ends of the Oceana Boulevard (First Colonial
Road - Phase IH) road widening project
The attached memo dated August 14, 2001 to me from Dean Block addresses the questions and
concerns expressed. Should you require additional information, I'd be happy to provide it.
With Pride In Our City,
M K Spore
anager
JKS/MBK/wej
attachment
C Oral Lambert-Chef Operating Officer
E Dean Block-Public Works Director
John W Herzke-City Engineer
(ITl) 01:VI INI.i1
Vir~a B~c~ V~r~a 23456-9041
Ph (757) 4274167 F~ (757) 426-5783
TO: James K. Spore DEPT: Executive
FROM: E. D Block DEPT: Public Works
DATE: August 14, 2001
SUBJECT'
Oeeana Boulevard Construction (First Colomal Road)
CIP 2-833 001 "Southern End," CIP 2-833 002 "Northern End"
Several questions and concerns were raised by City Council members during their August 7, 2001 meeting
regarding the subject projects. Most of these issues centered around the apparent slow progress of construction
for the northern and southern ends of the project, whereas the center portion of the roadway was completed
relatively quickly
Although we could point to the fact that the center section was constructed by the City, without VDOT
assistance, that one fact alone does not give a full explanation.
The center section, north of Oceana Naval Air Station mare gate to south of Southern Boulevard, was
constructed on a new alignment, along side the existing roadway There was no demohtion of existing pavement,
no construction sequencing issues to contend with, no significant public or private utilities to construct or
relocate, and most importantly, no sigmficant traffic control issues to address Also, the center section was
constructed using a contract which offered a substantial financial mcentlve for early completion, and financial
penalties for exceeding the construction schedule We consider the project a major success
The "Southern End," from Oceana Naval 3ar Station main gate to General Booth Boulevard, by contrast, has
been plagued by design and coordination issues from the very start A Notice to Proceed for construction was
~ssued by VDOT in October of 1999, even though relocation of private utilities was not scheduled for
completion until May of 2000. Ttus was done so that construction would be covered under an existing wetlands
permit and avoid the time delay associated w~th obtaining a new permit VDOT determined that the construction
delay resulting from an early release of the project would be less than the amount of time needed to acquire a
new wetlands permit The original completion date of the project was December 15, 2000.
The "Southern End" includes construction of four major intersections for which traffic must be maintained at
all times. One of these intersections has involved an entrance to the Navy's newly constructed Oceana
Commissary, again presenting challenging coordination issues Consequently, a revised completion date was
established by VDOT of December 3 l, 2001 The project is currently adhering to that schedule
Although VDOT may have been able to alleviate some of these delays with a more interactive approach, many
of the problems with this project involve ItS numerous and demandmg field coordination issues
James K. Spore
August 14, 2001
Page 2
The "Northern End"ofOceana Boulevard, from just south of Southern Boulevard to Virginia Beach Boulevard,
began construction on March 28, 2001 It ~s proceeding as planned and is scheduled to be completed by
November 2002.
I will be happy to discuss this project further if you have any additional que~ons
Director
EDB/MBK/wej
C Oral Lambert - Chief Operating Officer
John W Herzke, P E - City Engineer