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Home My WebLink AboutAUGUST 4, 1998 MINUTES City ot Virgir1ia .Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. AI-LarKe VICE MAYOR WilliAM D. SESSOMS. JR.. A/.LarKe UNWOOD O. BRANCH /II. DistrÙ'/ ~-Bea{h MARGARET L. EURE. DistrÌ<"II-Cenrerville WilliAM W. HARRISON. JR.. DistricI 5.I-ym,haven HAROLD HEISCHOBER. AI-LarKe BARBARA M. HENLEY. Distric/ 7.PrinceJS Anne LOUIS R. JONES. Dislricl 4-Bayside REBA S. McCLANAN, Districl l-R"" /lall NANCY K. PARKER, AI-LarKe A.M. (DON) WEEKS, Dislric/2-Kempsville JAMES K. SPORE. City ManaKer LESUE L. UUEY. City Allorney Rum HODGES SMITH. CMClAAE, Cily Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEAC/I, VIRGINIA 2J45~-WI()5 PI/ONE: (757) 427-4.1113 FAX: 1757) 42~-5~m EMAIL: CTYCNCL@CITY.VIRGINIA-BEACII_VA.lIS August 4, 1998 I. PRESENT A TI 0 NS - Conference Room - 10:00 AM A. RESORT AREA ADVISORY COMMISSION C. Cheyney Cole, Jr., Chainnan B. SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) Connelly Phillips, SPSA Board of Directors John Hadfield, Executive Director, SPSA Board of Directors II. CITY MANAGER'S BRIEFING A. SCHOOL MODERNIZATION REFERENDUM James K. Spore, City Manager III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL CONCERN V. INFORMAL SESSION - Conference Room - 12:00 NOON A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Ted James First Baptist Church of Virginia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS July 14, 1998 G. AGENDA FOR FORMAL SESSION 17le Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by OIle motion. H. RESOLUTIONS 1. Resolution re the City's Biennial Plan for the use of State Block Grant Funds; and, to authorize the City Manager to execute a Certificate of Compliance re the Virginia Juvenile Community Crime Control Act (VJCCCA). 2. Resolution (FIFTH SUPPLEMENT) to AMEND the Resolution adopted February 11, 1992, entitled, " Master Water and Sewer Revenue Bond Resolution providing for the issuance from time to time of one or more series of water and sewer revenue bonds of the City of Virginia Beach," as previously supplemented and amended, to provide for the ISSUANCE and SALE of$6,200,000 taxable revenue bonds, Series of1998, and providing for the form, details and payment thereof and the financing of the cost of improvements to the City's water and sanitary sewer facilities. 3. Resolution to authorize the City Manager to execute on behalf of the City a contract with Virginia Electric and Power Company (VEPCO) re purchase of electric service. 4. Resolutions re appointment of ASSISTANT CITY ATTORNEYS effective August 1, 1998: a. Roderick R. Ingram b. Mark G. Mustin I. J. ORDINANCES 1. Ordinances to AMEND the City Code: a. Sections 6-7, 6-23, 6-30, 31-1, 35-30, and 36-57 re change from "Boroughs" to "Districts" . b. Sections 28-5, 28-7 and 28-8 re replacing the term "Line Fees" with the term "Sanitary Sewer Connection Fees" in Chapter 28. 2. Ordinance to APPROPRIATE $197,836 to the FY 1998-1999 Operating Budget of the Department of Parks and Recreation to extend the Elementary After School Activity Center Program hours; establish a Before School Program at five (5) middle schools; establish Before and After School Programs at the Old Donation Center for the Gifted and Talented; and, increase anticipated revenue from Activity Center program registration fees accordingly. 3. Ordinance to APPROPRIATE $10,002 from the sale of surplus school property to the School Board underground storage tanks (CIP #1-040); and, increase the estimated revenue to the School Board accordingly. 4. Ordinance to TRANSFER $83,157 from the Tourism and Growth Investment Fund Reserve for Contingencies to the FY 1998-1999 Operating Budget ofthe Department of Convention and Visitor Development re extending the Beach Street USA Pilot Program through September 3, 1998. 5. Ordinances re temporary encroachments (PRINCESS ANNE - DISTRICT 7): a. Into a portion ofthe City's right-of-way by BEACH FELLOWSHIP CHURCH to construct and maintain a sign at 1817 General Booth Boulevard. b. Into a portion ofthe City's thirty-foot (30') drainage easement by ALBERT J. AND CHRISTINE J. CLAUS to construct and maintain a rip-rap revetment for the purpose of bank stabilization adjacent to 2276 Widgeon Lane. 6. REFUNDS: a. License - $116,551.45 b. Tax - . $ 3,059.97 PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC., for an enlargement of a nonconforming use at the Northwest comer of Atlantic Avenue and 67th Street to enlarge existing facilities (L YNNHA VEN - DISTRICT 5). Deferred: July 14, 1998 Recommendation: APPROV AL ~ 2. Application ofSAMIR HALABI/WITCHDUCK MOTOR CO., for a one-year extension of a nonconforming use at 220 and 234 North Witchduck Road to expand a auto sales establishment to three neighboring lots (KEMPSVILLE - DISTRICT 2). Recommendation: DENIAL K.. APPOINTMENTS PLANNING COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS 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) ********** 07/30/98BAP AGENDA \08-04-98. www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 4, 1998 Mayor Meyera E. Oberndorf advised the request of Congressman Pickett to ADD a Briefing by the U. S. Navy to this agenda and called to order the PRESENTATION re DAM NECK/PENDLETON in the Council Conference Room, City Hall Building, on August 4, 1998, at 10:30 A.M. Council Members Present: Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms and A. M "Don" Weeks Council Members Absent: Linwood o. Branch, III [ENTERED: 10:05 A.M.] William W. Harrison, Jr. [ENTERED: 10: 15 A.M Reba S. McClanan [ENTERED: 10:07 A.MJ Nancy K. Parker [ENTERED: 10:05 A.MJ l -2- PRESENTATION DAM NECK / PENDLETON 10:00 A.M. ITEM # 43859 Mayor Oberndorf advised at the request of Congressman Pickett, Captain Bob Murphy, Commanding Officer - Fleet Combat Training Center Atlantic, will coordinate a presentation which will inform the City Council on the multiple mission-oriented naval uses for the two strips of property that have been discussed in the newspaper: Camp Pendleton Annex ('half a mile of land that is contiguous to the north fence line of the Dam Neck Naval Training Center) and the Camp Pendleton State Reservation. 17lis Briefing is the same one presented to the Joint Legislative Order Review Committee in June. It is their hope to enhance the awareness of the City Council with regard to the actual and intrinsic military value of both of these properties with regard to local naval activities and to try and identify any direct cost associated with the loss of these activities or facilities and any potential civic hazards that might be associated with the dual use or the mutual military/civilian use of these sites. Dam Neck consists of approximately 1,352 acres, 530 of them are developed with either recreational facilities of active military buildings or firing ranges. There are 187 acres that can be further developed without any constraints to them. 17lere are approximately 630 acres that are undeveloped and have environmental constraints associated with them. 17lere are 158 structures located at Dam Neck with the "crown jewel" being the 3.2 miles of prime beachfront. 17lere are 13 commands located at the Dam Neck Training Station; COMMANDS Fleet Combat Training Center, Atlantic (Host) Naval Surface Warfare Center, Port Hueneme Division East Coast OPS Tactical Training Group, Atlantic Navy & Marine Corps Intelligence Training Center Joint Targeting School Fleet Composite Squadron, Six Detachment Navy Education & Training Professional Development And Technology Center (NETPDPC) Naval Ocean Processing Facility Dam Neck Commander Undersea Surveillance Naval Special Warfare Development Group Marine Air Control Squadron 24 Personnel Support Detachment, Dam Neck Dam Neck Branch Medical & Dental Clinics Public Works Center, Virginia Beach Site TRAINING SUMMARY Courses 105 Courses currently taught -89 CCMM -59 Single-SITES -55 NECs awarded FCTCLANT Students 846 Average on Board 7,963 Annual Students (FY97) ECONOMIC IMPACT Total Payroll Onboard ($OOOK) Military Civilian NAFI Contracts 3,715 894 274 $179,206 39,049 3,088 5.367 Total Economic Impact $227,710 August 4, 1998 - 3- PRESENTATION DAM NECK/PENDLETON ITEM # 43859 (Continued) Commander Rob Keister, Executive Officer at Naval Amphibious Base, Little Creek, advised Birdneck Road ends at the entrance to the Camp Pendleton Training Annex and then continues on through the Annex as a dirt road or sand road. Range Road is a paved road which divides the Navy's Camp Pendleton Training . Annex from the National Guard's Camp Pendleton to the north. 17le fence line runs along Range Road. Little Creek is the landowner of Camp Pendleton Annex. 17le uses of the Camp Pendleton Annex are to support amphibious and expeditionary training. Captain Spitler, Navy Marine Corps Intelligence Center, advised he is responsible for counter intelligence training and Camp Pendleton is utilized quite extensively. One of the major activities is physical security evaluation. Camp Pendleton is afenced-in complex and small enough to take people out there with the time constraints and have them do an adequate physical security evaluation. 17lis facility is utilized approximately three times a year. 17le size is very important. Oceana and Dam Neck are too large for the Center's purposes. Camp Pendleton is also utilized for the final counter intelligence exercise. 17lis Annex saves the Center approximately $5,000 per year. Training is conducted at the Camp Pendleton Annex day and night, 24-hours-a-day, 7-days-a-week. Little Creek are the owners of the facilities. Frequent users of Camp Pendleton Annex are Explosive Ordnance Disposal Training and Evaluation Unit Two, Marine Corps Air Control Squadron 24 (operates radars on the site), and various elements of Commander, Naval Beach Group Two (individuals who specialize in the amphibious assaults.) Commander Spitler advised the type of training at Camp Pendleton requires a buffer zone. It is currently configured with the Virginia National Guard Military Reservation to the North. Despite the buffer zone, people do intrude onto Camp Pendleton Training Annex. Many of the activities are dangerous to the public. Captain Spitler cited the concern that if the reservation to the north should become afull-time State park, the site could not only be dangerous but the activities could be an annoyance to the public as well. Lieutenant Commander Randy Getman, Commanding Officer of Explosive Ordnance Disposal Training and Evaluation Unit Two, advised the Mission of the Explosive Ordnance Disposal Training and Evaluation Unit Two (EOD2) is to provide advanced and specialized training to Naval Explosive Ordnance Disposal personnel in support of the u.s. Atlantic Fleet and NA VEUR Forces. Specifically, EOD2 has mobile units that send attachments prior to their team deployments. Mobile units are located in the Amphibious Base at Little Creek, Charleston, South Carolina and one in Sigonello, Sicily. 17lese units send attachments to EOD2for specialized training in a variety of missions: chemical, biological, nuclear, surface ordnance such as bombs, projectiles, missiles, improvised explosive devices, limpid mines and underwater ordnance and mine countermeasures. The beach at Camp Pendleton is used extensively for the towing, beaching, explosive stripping and exploitation of mine shapes during pre-deployment training. 17le location of Camp Pendleton adjacent to W-50 Op Area and EOD Training and Evaluation Unit TWO make, it the only facility on the East Coast compatible with providing start to finish "real world" MCM tactics training prior to operational deployment. Commander Rob Keister advised one of the tenants which utilizes the Camp Pendleton Annex is the Naval Special Warfare Development Group: SEAL Insertion/extraction training Special warfare tactics exercises Demolition training CNSWDG utilizes the Virginia Military Reservation at Camp Pendleton and the NAB Little Creek Annex to test, train and evaluate equipment, tactics and techniques for the Naval Special Warfare community. Some of these tactics and techniques include: Over the Beach infiltration using helicopter and high speed boats. Maritime/Heavy Airlift Tactics Special Demolition Testing (located at the Demolition Testing Complex at NAB Little Creek Annex) Parachute Operations Patrolling, Escape & Evasion Tactics Development and Training Assault Tactics Development and Training A distance of 1250 feet from the Demolition Training Area is the Explosive Arc. When the Special Warfare Development Group is conducting operations at the Demolition Training Area no one else is supposed to be within the Arc. Captain Keister displayed the boundary between the Military reservation from the State and the Camp Pendleton Annex. August 4, 1998 -4- PRESENTATION DAM NECK/PENDLETON ITEM # 43859 (Continued) Other tenant activities include the Marine Air Control Squadron (MACS) 24. 17leir Mission is to provide/operate ground facilities for the detection and interception of hostile aircraft and for the navigational direction of friendly aircraft in the conduct of support missions. 17lere is over $32-MILLION of sensitive radar equipment on radar site used a minimum of2 days each week and one weekend each month to support operations off the coast. Commander Keister advised Naval Beach Group Two's mission is to provide personnel and equipment to support amphibious operational exercises. 17le unique capabilities of Camp Pendleton area are the Beach provides the only ocean surf conditions available north of Camp Lejeune and is the only overland navigation training area on the East Coast. Noise levels outside of NA VPHIBASE property are significant during LCAC beach operations. SUMMARY OF CONCERNS Potential Dangers to General Public LCAC Operations Explosive Operations Electromagnetic Restrictions Hunting Program Noise Issues LCAC Operations Require Noise Buffer Zone Loss of Standoff Distance will result in complaints Loss of Buffer Zone Needed to ensure Public Safety during Operations Increased likelihood of unauthorized intrusions and resulting exposure of public to dangerous operations. Captain Jim Fry, Deputy - Military Sealift Command, advised each of the major organizations is situated in four of the World War II Barracks at Camp Pendleton: Naval Fleet Auxiliary Force, Afloat Personnel Management Center, Core functions, 332 employees. FACILITIES 5-Year Increments starting November 1, 1996 3-5 year options Total of 17 buildings is use 12 Barracks 4 Storage 1 House STATE REVENUE FROM MSC Initial 5- Year Rent Revenue $45,00/quarter; $180,000/year includes building upgrades State Building Maintenance 1997 1998 est. Out years est $ 7,300.00 $40,000.00 (end of May $23,000) $40, 000. OO/year Utilities Water Electricity Telephones August 4, 1998 -5- PRESENTATION DAM NECK / PENDLETON ITEM # 43859 (Continued) INFRASTRUCTURE INVESTMENT Each building wired for networking (Fiberoptiocs) Phone system upgraded Underground networking between buildings. Each building wired for a monitored security system 160 space lighted parking lot Landscaping CITY OF VIRGINIA BEACH TANGIBLES Local business utilization Meals Miscellaneous General Merchandise Cleaning Contractor Landscaping Contractor Approximately 15% are living in apartments. Captain Murphy, with reference to the Explosive Are, and its relation to the Red Wing Golf Course, advised the northern section of the Base encompasses not only the Special Warfare Development Training Compound, but all of the live firing ranges for small arms rangingfrom handguns to major caliber, as well as a magazine section. All of the explosive arcs are chartered at that point and none of the ones Captain Murphy is aware extend onto the Red Wing Golf Course. As there is a brand new beach at Sandbridge, Captain Murphy doubts they will be having as many beach strollers. 17lere were many beach strollers coming through the gate on the South side, so, if live firings were being conducted, they had to physically station sailors on the beach to stop people from progressing any further. Captain Keister advised information relative the boundary between Dam Neck and Red Wing will be provided. Bob Morrison of the Navy Intelligence Center advised one of the concerns relative the rifle range at the Camp Pendleton Access. Croatan Housing is right on the fence line now for Camp Pendleton. 17le housing area receives 120 decibels noise level at times. 95 decibels is the sound level at which individuals would insert ear plugs. Captain Keister advised the annoying 65 decibel noise level (from the LCAC operations) extends {lpproximately 'half way up the Camp Pendleton Military Reservation, approximately 'half way up the Camp Pendleton Military Reservation. Lieutenant Mike Dickson, Training Officer - Little Creek, advised the National Guard Rifle Reservation is open except during the Summer months. 17le Reservation will usually have four to six groups during the month. Mayor Oberndorf extended appreciation as Captain Murphy's command has been most cooperative with the City as with the flooding from the northeaster at Sandbridge. Captain Murphy will be pleased to respond in writing to further questions from Members of City Council. August 4, 1998 - 6- PRESENTATION RESORT AREA ADVISORY COMMISSION 10:55 A.M. ITEM # 43860 C. Cheyney Cole, Jr., Chair - Resort Area Advisory Commission, advised in anticipation of City Council's consideration of the renewal of the Resort Area Advisory Commission's Charter in August, the Commission initiated an internal evaluation of the City's role and how RAA C might be more valuable to the Council in the future. Over the fourteen years since its initial appointment by the Virginia Beach City Council, the RAAC has drawn on three fundamental goals to tailor its recommendations to the City Council: Preserving and enhancing the flow of tax dollars from the tourism industry to help underwrite the provision of vital City services to citizens. Improving the quality and diversity of the resort environment and making resort assets more accessible to both residents and guests. Establishing Virginia Beach as a resort destination that residents are proud of and tourists return to year after year. Council Lady McClanan referenced the July 30, 1998, letter from Chairman Cole advising at the July meeting of the Resort Area Advisory Commission, the Commission voted unanimously to support a Demonstration Project of the Dynamic Message Signs. 17lis vote followed the recommendation for David Hager's Transportation Parking and Pedestrian Sub Committee. 17le objective to the project would be to test the message sign system as a means to divert traffic from the major east-west streets entering the resort area and leading to Atlantic Avenue and to use Birdneck Road to reach destinations at the north and south ends of the Atlantic and Pacific Avenues. 17le demonstration project would install five signs located at the following Birdnecklntersections: Route 44, NorfolkAvenue, Virginia Beach Boulevard, Laskin Road and General Booth Boulevard. Council Lady McClanan expressed concern and did not understand the City being one of the first in the Country to utilize these traffic informational signs which are primarily on interstate and high density roads within an area like the Resort. Chairman Cole advised this was accomplished in the hope of relieving traffic and this demonstration project was a way to evaluate both the aesthetics and function of the system. Council Lady Henley referenced the change in the name to Resort Advisory Commission proposed in the By Laws. Chairman Cole advised there are a number of areas which the Commission might be involved in i.e. Soccer Complex, Amphitheater rather than just Resort Area. Timothy E. Barrow advised relative the name change this was an important consideration from the beginning and was part of the rationale in breaking down the perceived barrier of the Commission being involved with just the Resort Area. 17le Commission is performing a city-wide function. 17le term "Area" in the name connotes a limited vision and perspective. Chairman Cole advised Councilman Harrison when the Resort Leadership Council conceived the Beach Street USA Pilot Program one of the first things they did was contact the RAA C. 17le Commission went on record as supporting same. Chairman Cole perceives this more as a lobbying or trade group for beach business interests. 17le RAAC's level is more objective. Councilman Branch requested the City Manager and City Attorney review the recommendations of the RAA C and SCHEDULEfor City Council's consideration an Ordinance prior to the termination of the current term of the Resort Area Advisory Commission. Councilman Branch extended appreciation to RAA C for its many accomplishments and being a model for other Commissions Mayor Oberndorf advised at the Sister Cities International Conference, there were many speakers relative tourism. 17le former Director of the Miami Dade County Tourist Bureau spoke relative beautification, cleanliness and safety. Merchants should be encouraged to sweep the walk in front of their store. Miami had to institute a "silent shopper" to check on conditions of the hotels in Miami. 17le City Manger advised this Ordinance shall be SCHEDULED for the City Council Session of August 25, 1998. August 4, 1998 - 7- PRESENTATION SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) 11:28 A.M. ITEM # 43861 Connely Phillips, Chairman - SPSA Board of Directors, advised in September the Southeastern Public Service Authority Board voted to proceed with 'Cell 5. 17le Engineers had said it would cost approximately $18-MILLION, but only cost $11-1/2-MILLION, a great achievement by a local contractor. SPSA was able to fund same through excess funds in the Capital Improvement Program. 17le first of the year, Standard and Poors rated 15 of the largest authorities in the Country and they rated SPSA as the Number One plant in the United States with a full integrated system, an RDF and Power plant. Just recently Standard and Poors has reconfirmed the A- rating, which is a very good rating for this type of organization. In March, John Hadfield became the Executive Director. SPSA conducted a national search, but John who had been with the organizationfor thirty years, was the best qualified. SPSA wishes to develop more of an entrepreneurial stance. Michael Barrett, Member of the Board, is assisting with this concept. Approximately $30-MILLION in bonds was refinanced thus saving approximately $300,000 per year and $4-MILLION over the life of the bonds. Last week, an overnight retreat was conducted. One of the main topics was a Navy contract. At the appropriate time Mr. Barrett will address this issue to City Council. SPSA believes this proposal will be very positive. 17le other issue discussed was a Strategic Business Plan. SPSA has an excellent reputation nationally. As there are not many authorities like SPSA in the United States, they are requested to frequently assist other organizations, SPSA is considering a type of consulting service. 17le Proprietary Waste Program is a very good opportunity. 17lere are organizations i. e. law firms, cities, pharmaceutical firms which have confidential material they wish to have certified that this material has been burned. 17lis material can be dropped right on the belt and it goes right into the fire. 17lis type of "proprietary waste" has already been brought from as far away as Texas. From a National standpoint, there appears to be a retreat from recycling. 17le State has the standards but is not monitoring as previously. 17le citizen attitude is still excellent. 17ley still wish to recycle; however, attitudes of the government are changing. The Mayor believes 98% of the City's residents participate in recycling. Mr. Phillips advised, as a result of the Weston Study, one of the issues brought forward was SPSA 's relationship with Virginia Beach concerning the "landfill". All SPSA 's debt will cease in 2017. In January 2018, the 30-year agreement signed with all the Cities in 1988 ends. At that time, SPSA will have no debt, but valuable assets. 17le Cell 5 landfill appears to be adequate to the 2013/2017 range depending upon the amount diverted to energy and the amount placed in the landfill. However, it is still expandable. 17lere is an area utilized for yard waste which is being recycled (informally called Cell 6). Mr. Michael Barrett advised the world has changed dramatically from the inception ofSPSA. Opinions are shifting to such a point that other recycling alternatives are being abandoned in favor of landfills. SPSA will be reporting to the City Council frequently. Mr. Barrett appreciates the opportunity to serve as a Member of SPSA. Mr. John Hadfield, Executive Director - SPSA, advised the private sector has become more receptive and accessible. Mayor Oberndorf advised Mr. Phillips conducts a talk show once a month on WNIS Radio. His topic is SPSA: "Talking Trash". Last week, the Executive Director of the Southeastern Virginia Food Bank, was in attendance. She was complimenting SPSA on a program which counsels business representatives relative managing their solid waste system. The Food Bank will be saving between $15,000 and $20,000 a year. 17lis is the second biggest expense on the Food Bank's balance sheet. Wade Kyle, Administrator of Solid Waste, advised the city's landfill should be open until the year 2034 on today 's projections which could change for better or worse depending upon the volumes of waste or ash. Mr. Kyle advised options are being investigated for the City. SPSA has made the decision that the City's landfill is not where they wish to bring the ash. It is more beneficial at their regional landfill. August 4, 1998 -8- CITY MANA GER 'S BRIEFING SCHOOL MODERNIZATION REFERENDUM 12:45 P.M. ITEM # 43862 E. Dean Block, Management Services, referenced the Schedule for consideration of a School Referendum and Library Program: Briefing by School Staff Briefing by Library Staff Receive Schedule, School Summary; Draft Ormnanceand Library Summary Workshop on Schools and Library Agenda Item(s) Ordinance Ballot Question City Manager's Conference Room City Manager's Conference Room Completed With "Packet" For Review City Manager's Conference Room School TechnkalSmff Present Council Chambers Regular Agenda City Council has the option of making afinal decision at the August 25, 1998, meeting for either schools, libraries or both, which would still allow time for the City Attorney's office to place the matter before the Court and get it on the November 3, 1998, Ballot to make the 60-day minimum requirement. Mr. Block advised a spreadsheet has been prepared for the School Modernization Program which should summarize the basic components relative schools. 17lere were a total of 19 schools. Of these, W. T. Cooke has been fully funded and begins construction' with ground breaking today. Old Donation Center was removedfrom the modernization program pending decisions regarding the provision of gifted services. 17lis leaves seventeen (17) schools in the program, consisting of all elementary schools originally constructed before 1970 for which significant improvements have not already been completed. 17le total modernization equals $132.82-MILLION, an average of$7.81-MILLION per school. Costs range from $6.2-MILLION (Creeds) to $10.1-MILLION (Hermitage). 17le program is scheduledfor completion in 2004. 17le 17 schools in the program currently contain 986,533 square feet. Upon completion of the modernization effort, the schools will contain 1,374,751 square feet; an increase of 388,218 square feet or 39%. Expansions average 22,836 square feet per school and the average renovated size is 80,868 square feet. 17le increase is equivalent to the addition in square footage of approximately 4.5 new elementary schools. Related increases in enrollment capacity will also occur, increasingfrom the current program capacity of 9,249 students to 11,744 students, an increase of2,495 or 27%. 17lis increase in student capacity is roughly equivalent to adding three Christopher Farms schools. A total of 118 classrooms will be added and the size of numerous classrooms increased. Fifty-seven portables are currently in use at the 17 schools. Thirteen (13) of these schools are included in the K-3 initiative. Five (5) of the schools are considered "overcrowded" (more than 15% over program capacity). One school is considered "under crowded" (more than 15% under program capacity). Tony Arnold advised originally the Schools thought it made sense to try and save Bayside (constructed in 1941),' however, through investigation and testing, it was decided to tear the building down and replace it. 17le difference in cost between a new Bayside and renovation was approximately $800,000. White Oaks is under capacity and the students and staff of Bayside will probably be moved in mass over to White Oaks for a year and 'half of temporary housing. Relative Hermitage, the staff is investigating whether it makes more sense to replace or renovate. 17le difference between the cost of renovation and replacement is approximately $2-MILLION. August 4, 1998 -9- CITY MANAGER'S BRIEFING SCHOOL MODERNIZA TION REFERENDUM ITEM # 43862 (Continued) Mr. Block advised there is no factor built in for cost overruns; however, there are contingencies built in for each of these project costs. A copy of the School Board Resolution (ADOPTED on July 7, 1998) is enclosed relative the Referendum which advises a tax rate increase of 3.6 cents would be necessary. Of the $132,821,674, the staff is proposing a Referendum in the amount of $76, 700,000, which debt, along with operations costs is anticipated to require an increase in the City's real estate tax rate of no more than 3.6 cents per $100. Vice Mayor Sessoms and Councilman Harrison were concerned relative the tax increase. Conceivably there could be 2.8 cents for the schools and 2.2 cents for the libraries, which would equate to 5 cents per $100 for an increase in the City's real estate tax rate. Council Lady Henley believed the City's policy was to utilize year-end balances for the City and Schools to buy down the Referendum. In excess of what has been appropriated, Mr. Block advised the City probably has another $1-MILLION dollars. Council Lady Henley hoped these funds could be utilized to buy down the Library Referendum to keep the Library proposals intact and make the tax a lesser amount. Mr. Block believed there would be approximately $2.5 to $3-MILLION of school reversion funds which the City could place into the School Referendum which could reduce the amount from $76,700,000 to $73,700,000 and would have a marginal affect on the tax rate. However, approximately $10-MILLION would be necessary to reduce the tax rate to 3 cents. City Council was concerned relative certain year-end spending within the School Operating Fund. A list of the øbligations which have occurred in the capital outlay area will be requested to be provided within two days. 17le Referendum question contained within the Ordinance was developed by a Committee composed of Council Members Barbara Henley and Harold Heischober and School Board Members Nancy Guy and Neil Rose: "Shall the City of Virginia Beach contract debt for the purpose of financing the repair, renovation and/or reconstruction of public school buildings including seventeen (17) of the oldest elementary schools throughout the City by issuing the City's general obligation bonds in the maximum amount of $76,700,000, which debt, along with operational costs, is the City's real estate tax rate of no more than 3.6 cents per $100 of assessed value?" 17le Council Members on the Referendum for School Modernization Committee believed the proposed tax increase should be reflected in the question. 17le School Board representatives did not believe the amount needed to be addressed in the question. If approved, the tax rate increase would be effective July 1999. Council Members suggested the word "repair" be eliminated from the question and replaced with "modernization ". Council Lady McClanan requested examples of other School Bond Referendum questions within the State. 17le City Attorney will provide this information. Council Lady Eure suggested the proposed wording in the literature should reflect the amount of the tax per year and how much per month. Councilman Harrison requested discussion on this subject during the Retreat. He believes the tax increase could be widely publicized, but not contained within the question, as no other City or county has appeared to have utilized this type of information in a recent question. 17le Bond Counsel has recommended the amount of the tax increase not be included in the question. The ARC Company, a public relations firm employed by the schools recommended the tax increase not be included in the wording. Councilman Weeks advised as long as the increase is promoted heavily in the literature, the applicant should be aware of the tax increase with it not being in the question. BY CONSENSUS, this Ordinance shall be SCHEDULED for the City Council Session of August 11, 1998. August 4, 1998 -10 - CITY MANA GER 'S BRIEFING LIBRARY REFERENDUM 12:55 P.M. ITEM # 43863 E. Dean Block, Management Services, referenced the Public Libraries Infrastructure and Service Enhancements Alternatives. Reroofing/HVAC Reroofing/HVAC Reroofing/HVAC Reroofing/HVAC rehab, as rehab, as rehab, as rehab, as appropriate appropriate appropriate appropriate New Pungo/ New Pungo/ New Pungo/ New Pungo/ Blackwater Blackwater Blackwater Blackwater facility facility with facility with facility with with Creeds E.S. Creeds E.s. Creeds E.s. Creeds E.s. Windsor Woods Windsor Woods Windsor Woods renovation renovation renovation Bayside Bayside Bayside replacement replacement with replacement with with Police Precinct Police Precinct Police Precinct replacement replacement replacement New Princess Anne facility New Princess Anne facility New Princess Anne facility Oceanfront replacement Oceanfront replacement Kempsville renovation Kempsville renovation Great Neck addition/rehab Great Neck addition/rehab Staffing/electronic Staffing/electronic service service New Green Run/Salem facility Sunday service hours at all branches Marcy Sims, Director - Public Libraries, advised Green Run would be excluded from construction if there were only the 2.5 cent tax increase. 17le majority of the cost impact associated with Libraries is the expansion of the staffing necessary to increase the service levels. Bonds would be sold for approximately $21-MILLION 17le costs regarding the amount of the tax utilized for capital costs and the amount for additional staff shall be provided. August 4, 1998 -11 - CITY MANA GER 'S BRIEFING LIBRARY REFERENDUM ITEM # 43863 (Continued) An analysis shall be provided relative the costs to buy down the 3.4 cent tax increase to 2.5 cents. Information shall be provided relative the cost of each renovation. Information shall be provided relative the amount offunds to apply toward the bricks and mortar part of this project and will this decrease the debt service to come close to the 2.5 cent increase. 17le issue of whether a selected number of libraries will be open on Sunday rather than all libraries shall be examined. 17lese issues will be discussed during the Retreat. August 4, 1998 -12 - A GENDA REVIEW SESSION 1:15 P.M. ITEM # 43864 1.5. Ordinance re temporary encroachment (PRINCESS ANNE- DISTRICT 7): a. Into a portion of the City's right-of-way by BEACH FELLOWSHIP CHURCH to construct and maintain a sign at 1817 General Booth Boulevard. Council Lady Henley advised she was not the Council Member with whom the Church met. Council Lady McClanan said she was the Council Member, was not completely comfortable with the situation, but believed it was the only solution to replace the existing sign. Councilman Weeks expressed concern. Council Lady Parker questioned Condition (1) of said encroachment. 17lis shall be discussed during the formal session. ITEM # 43865 BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA: RESOLUTIONS H1 Resolution re the City's Biennial Plan for the use of State Block Grant Funds; and, to authorize the City Manager to execute a Certificate of Compliance re the Virginia Juvenile Community Crime Control Act (VJCCCA). H2. Resolution (FIFTH SUPPLEMENT) to AMEND the Resolution adopted February 11, 1992, entitled, H Master Water and Sewer Revenue Bond Resolution providingfor the issuance from time to time of one or more series of water and sewer revenue bonds of the City of Virginia Beach, " as previously supplemented and amended, to provide for the ISSUANCE and SALE of $6,200,000 taxable revenue bonds, Seriesof1998, andproviding for the form, details and payment thereof and the financing of the cost of improvements to the City's water and sanitary sewer facilities. H3 Resolution to authorize the City Manager to execute on behalf of the City a contract with Virginia Electric and Power Company (VEPCO) re purchase of electric service. H4. Resolutions re appointment of ASSIST ANT CITY ATTORNEYS effective August 1, 1998: a. Roderick R. Ingram b. Mark G. Mustin ORDINANCES 1.1. Ordinances to AMEND the City Code: a. Sections 6-7,6-23,6-30,31-1,35-30, and 36-57re change from "Boroughs" to "Districts". b. Sections 28-5,28-7 and 28-8 re replacing the term "Line Fees" with the term "Sanitary Sewer Connection Fees" in Chapter 28. August 4, 1998 -13 - AGENDA RE VIE W SESSION ITEM # 43865 (Continued) I2. Ordinance to APPROPRIATE $197,836 to the FY 1998-1999 Operating Budget of the Department of Parks and Recreation to extend the Elementary After School Activity Center Program hours; establish a Before School Program at five (5) middle schools; establish Before and After School Programs at the Old Donation Center for the Gifted and Talented; and, increase anticipated revenue from Activity Center program registration fees accordingly. I3. Ordinance to APPROPRIATE $1O,002from the sale ofsurplus school property to the School Board underground storage tanks (CIP #1-040); and, increase the estimated revenue to the School Board accordingly. I4. Ordinance to TRANSFER $83,157 from the Tourism and Growth Investment Fund (TGIF) Reserve for Contingencies to the FY 1998-1999 Operating Budget of the Department of Convention and Visitor Development re extending the Beach Street USA Pilot Program through September 3, 1998. I5. Ordinance re temporary encroachment (PRINCESS ANNE - DISTRICT 7): b. Into a portion of the City's thirty-foot (30~ drainage easement by ALBERT J. AND CHRISTINE J. CLAUS to construct and maintain a rip-rap revetment for the purpose of bank stabilization adjacent to 2276 Widgeon Lane. I6. REFUNDS: a. License - $116,551.45 b. Tax - $ 3,059.97 August 4, 1998 -14 - AGENDA RE VIE W SESSION ITEM # 43866 J.2. Application ofSAMIR HALABUWITCHDUCK MOTOR CO., for a one-year extension of a nonconforming use at 220 and 234 North Witchduck Road to expand a auto sales establishment to three neighboring lots (KEMPSVILLE - DISTRICT 2). Council Lady McClanan will ABSTAIN as her husband represents Frank and Mary Mathews, owners of the property involved in the application. ITEM # 43867 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: J.1 Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INc., for an enlargement of a nonconforming use at the Northwest corner of Atlantic Avenue and 67th Street to enlarge existing facilities (LYNNHAVEN - DISTRICT 5). J.2. Application ofSAMIR HALABUWITCHDUCK MOTOR CO., for a one-year extension of a nonconforming use at 220 and 234 North Witchduck Road to expand a auto sales establishment to three neighboring lots (KEMPSVILLE - DISTRICT 2). Item No. J.1. will be DEFERRED, BY CONSENT, FOR 90 DAYS. Item No. J.2. will BE WITHDRAWN, BY CONSENT. August 4, 1998 - 15 - CITY COUNCIL CONCERNS 1 :20 P.M. ITEM # 43868 Council Lady Eure referenced correspondence of August 1, 1998,from MarkSnyder concerning the lack of handicapped wheelchair accessible trolley service along Atlantic Avenue. Mr. Snyder had not received a response. Mr. Snyder visited the Oceanfront during the last week in July and took the time to stop every single trolley to ask if they were lift equipped and none were. 17le Visitor Information kiosks assured all of the trolleys were accessible. One employee even called TRT and was assured they were accessible. Said letter is hereby made a part of the record. Council Lady Eure requested this issue be perused and that TRT be requested to perform this service already required by law. Mayor Oberndorf advised the cost relative wheel chair accessibility for the trolleys must also be examined. Mayor Oberndorf referenced concerns from the special challenged community last night and informed them this concern would be brought before the City Council. 17le City Manager advised the staff is co-ordinating with TRT relative this issue. ITEM # 43869 Council Lady Eure referenced Roger Boettcher, resident of Chatham Lakes. Mr. Boettcher requested he be sponsored to speak relative the Chatham Lake Neighborhood Watch Block Party. He has support from the Fourth Precinct. Council Lady Strayhorn had referenced this previously. 17le residents called the City for a permit and were informed they must pay $50 to have the block party. As they had only raised $50 for the party itself, they could either have the permit or the hotdogs and hamburgers. Mr. Boettcher requested the permit policy be mended. 17le City Manager advised the request was for a one time waiver from the permit fee for a police cooperative neighborhood watch program. 17lis City Manager will provide information. Council Lady McClanan said she would pay the $50. Mayor Oberndorf suggested Council Lady Eure speak with Mr. Boettcher advising him to speak with City staff prior to his addressing City Council. August 4, 1998 - 16- ITEM # 43870 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, August 4,1998, at 1:30 P.M. Council Members Present: Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Absent: None August 4, 1998 -17 - ITEM # 43871 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Boards and Commissions: Parks and Recreation Commission Planning Commission Public Library Board Personnel: City Attorney's Office PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit: Agricultural Reserve Program - Princess Anne District 31S1 Street Project/Rudee Loop Encroachment - Hurricane Project LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Berendhan B. Harris v. City of Virginia Beach,et al Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 -18 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 4, 1998 2:10 P.M. Mayor Meyera E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 4, 1998, at 2: 1 0 P.M Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Absent: None INVOCATION: Reverend Ted James First Baptist Church of Virginia Beach PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer ofWachovia Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. 17le Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1998, is hereby made a part of the record. August 4, 1998 -19 - Item VI-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 43872 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 iRrsnlutinu CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 43871, Page 17, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~~<L:= Ruth Hodges mith, CMC/ AAE City Clerk August 4, 1998 - 20- Item VI-F.1. MINUTES ITEM # 43873 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of July 14, 1998. Voting: 11-0 Council Members Voting Aye: Linwood o. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 Item V-G.l. ADOPTAGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 21 - ITEM # 42874 AGENDA FOR THE FORMAL SESSION August 4, 1998 - 22- Item V-G.2. PRESENTATION ITEM # 42875 Kevin Cosgrove, Chairman - Virginia Beach Council, Hampton Roads Chamber of Commerce, presented to Mayor and Members of City Council HAMPTON ROADS REGIONAL FLAG 17le Hampton Roads Regional Flag was designed through a contest with high school students during the 1997-1998 school year. 17lis was a project of the Regional Identity Task Force, which was a program of the Chamber of Commerce and the Hampton Roads Partnership. 17le Flag symbolizes the sense of the community shared by the citizens of Hampton Roads sixteen cities and counties. 17le "blue" panel stands for the area's predominately Maritime Naval character. 17le "green" panel represents the region's industry in agriculture. 17le "wavy" line suggests surf and sand and emphasizes the region's strong tourists appeal. August 4, 1998 - 23- Item V-G.3. PRESENTATION ITEM # 42876 Mayor Oberndorf displayed the plaque awarded to the City of Virginia Beach at the Sister Cities International Conference July 28 - August 1, 1998: SPECIAL ACHIEVEMENT ARTS AND CULTURE 1998 VIRGINIA BEA CH MIYAZAKI, JAPAN Virginia Beach's Sister City, Miyazaki, Japan, came to celebrate the 5th Anniversary of the Virginia Beach- Miyazaki Sister City relationship during the Neptune Festival and was able to participate in many of their programs. Mayor Oberndorf congratulated Dr. and Mrs Hamada and Ruth Hodges Smith, City Clerk and Sister City - Liaison, for making this award a reality. Mayor Oberndorf advised representatives from Bangor, Ireland, were in attendance at the Sister Cities International Conference in Miami and may be visiting the City during October to establish a "friendship" relationship. August 4, 1998 - 24- Item VI-H. RESO L UTI 0 NS/O RD INAN CES ITEM # 43877 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE MOTION, Resolution 1, 2, 3, 4 a and b and Ordinances 1 , 2, 3, 4, 5b and 6 alb. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 - 25- Item VI-H.l. RESOLUTIONS ITEM # 43878 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution re the City's Biennial Plan for the use of State Block Grant Funds; and, to authorize the City Manager to execute a Certificate of Compliance re the Virginia Juvenile Community Crime Control Act (VJCCCA). Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don H Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A RESOLUTION APPROVING THE CITY'S BIENNIAL PLAN FOR THE USE OF STATE BLOCK GRANT FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTIFICATE OF COMPLIANCE CONCERNING THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT WHEREAS, the Virginia General Assembly enacted the 1995 Virginia Juvenile Community Crime Control Act, Code of Virginia, sections ("the Act"), effective 16.1-309.2 seq. which was et January 1, 1996; WHEREAS, the purpose of the Act is to deter juvenile crime and reduce the pattern of juvenile repeat offending by establishing community-based systems of sanctions, programs and services for youth who have come before the Juvenile and Domestic Relations Court ("court youth") on status or delinquent offenses; WHEREAS, under the Act, state block grant funds are available to localities or combinations thereof upon development of a plan to address a range of programs, services and sanctions for youth involved in the juvenile justice system; WHEREAS, on behalf of the City of Virginia Beach, which is a participating member, the Tidewater Regional Group Home Commission, in consultation with the Virginia Beach Juvenile and Domestic Relations and the Virginia Beach Service Court Unit, Court developed a plan delineating services for court youth to be funded under the Act; WHEREAS, for the Tidewater Regional Group Home Commission to receive funding under the Act on behalf of the City of Virginia Beach, the plan must be approved by the locality and the State; and WHEREAS, receive is funding under to the Act, the City required to execute a certificate of compliance expressing the City of Virginia Beach's intent to comply with the requirements of the Act. 33 34 35 36 37 38 39 40 41 42 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby approves the City's biennial plan for the use of State block grant funds under the Virginia Juvenile Community Crime Control Act; and 2. That the City Manager is hereby authorized to execute the certificate of compliance expressing the City of Virginia Beach's intent to comply with the requirements of the Act. This resolution shall be effective from the date of its adoption. Adopted by th2 Virginia, on the Council of the August day of City of Virginia , 1998. Beach, CA-7084 ORDIN/DATA/NONCODE/JUV-CRIM.RES JULY 27, 1998 R2 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY /4.uv1 £ f Sþ- ~/1. Department of Law 2 A TT A CHMENT 1 SUMMARY OF MAINTENANCE OF EFFORT REQUIREMENT AND FYl998-99 APPROPRIATIONS FOR SERVICES FOR JUVENILES PROVIDED BY THE TIDEWATER REGIONAL GROUP HOME COMMISSION AND PENDLETON CIllLD SERVICE CENTER UNDER THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT (VJCCCA) Maintenance of Services Included in the City's VJCCCA Effort (Local FYI998-99 Biennial Plan Match) A. Appropriations Tidewater Regional Group Home Commission (TRGHC) Services: Total Local Funding B. $444,541 $753,925 Pendleton Child Service Center Services: Total Local Funding C. 217,964 370,421 Total Loca1 Maintenance of Effort 662,505 1,124,346 DJJ VJCCCA Grant to TRGHC on Behalf of Virginia Beach $2,471,013 Notes: A. Maintenance oj effort (or the Iocal11Ultch oj funds) is equal to the amount oj local funds expended Jor block grant funded programs or services in FY94-95 per Code of Viœinia. section 16.1-309.6 as detennined by the Department oj Juvenile Justice. For FY1998-2000 biennial plan, the State recalculated and reduced the City's maintenance oj eJJort Jrom $1,124,360 to $662,505. B. TRGHC's services are residential and non-residential and include less secure detention, outreach programs and post-dispositional group home and other treatment services. For FY1998-99, local funding includes funds only Jrom the City's General Fund. For FY1997- 98, the Virginia Beach Court Service Unit spent $868,278 oj local funds Jor TRGHC services. C. This reflects local funding from the City's General Fund. VJCCCAfunds will be used Jor services provided by the Pendleton Child Service Center. For FY1997-98, the City contributed $352,181 Jrom the General FundJor Pendleton services. c:\budget\98-99\vjccagen.req vol. 72 July 9, 1998 Igh A IT A CHMENT 2 VIRGINIA BEACH FY 1999 - 2000 BIENNIAL PLAN REQUIRED BY THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT 1. 2. 3. 4. City of Va. Beach FY 1999-2000 VTCCCA Plan Contents Intent to Participate Compliance Certification Budget Spread Sheet (four pages) Program Narratives a. Residential Programs (Including Apartment Living Program) b. Challenge Outreach for Youth c. Challenge Outreach for Youth-Electronic Monitoring d. In Home Services e. RGH Outpatient f. Supervision Plan Services g. h. Apartment Living Program (See Item A) Early Intervention Program 1. Pendleton Early Intervention Referrals h. CHINS Unit June 19, 1998 j. Launch Program Prepar~d by John C. Matish 119-A Tilden Avenue Chesapeake, Virginia 23320 . The Department of Juvenile Justice has contacted you about the amount of funds allocated to your locality. Do you plan to participate in the Act at this time? ~Yes ONo If IIYes1' please provide the Informadon requested In Boxes #1 and #2. If "No" please provide the infonnadon requested In Box #1 and return this page to the appropriate regional office of the Department of Juvenile Justice. Box 111 Olef Administrative Ofllcer Mr. James K. Spore Cty Manager ('\- \ \o-~ ct>J Name of Olef Admln\su'atlve Officer TIde Dite City of Va. Beach Jurisdiction ~'" r~~I~~ \ SJanature Box 112 Concac:t Penon Mr. John C. Maûsh Executive Director 757-547-9288 Name of Concaa Penon (Plan Coordinator) l1tIe Telephone Tidewater Regional Group Home Commission, Address 119A TIlden Avenue Address Chesapeake Virginia 23320 Oty ZIp Code VIrginia Juvenile Community Crime Control Act The Chief Administrative Officer submitting this local plan certifies that the participating Jurisdiction: A. Will not contribute less funding for the ImpJementationof this local plan than the amount required In § 16.1-309.6 of the Code of Virpinla; B. Will not utilize funds provided by this Act to supplant funds established as the state pool of funds under §2.1-757 In compliance with § 16.1-309.3 C of the ~ c. Will expend local maintenance of effort funds prior to expending state VJ CCCA funding; D. Will comply with all provisions of § 16.1-309.9 of the ~ which gives the Board of Juvenile Justice the authority to establish and enforce standards and to review the expenditures and services established by the local plan; E. Consulted with the Judge(s) of the Juvenile and Domestic Relations District Court, the Dlreaor(s) of Court Service Units of the participating Jurlsdlction(s) and the community policy and management team(s) established under §2.1- 751ofthe~ F. Will submit routine reports and any other Informadon to the Director of the Deparanent of Juvenile Justice for each program or service funded by the Act In compliance with § 16.1-309.3 E and § 16. 1-309. 1 0 of the ~ and all applicable Departmental procedures. cty Manager "\-\\o-~ ~ Date Mr. James K. Spore Name TItle oty of Va. Beach Jurisdiction ~ c.a'.k Ò{ a...U.. I ~ ~ . . S~wre * Approval contingent upon passage of a Resolution by City Council approving the local plan for use of VJCCCA block grant funds. Maintenance of Effort: State Allocation: Other Funda: Total: VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT FY98-2000 PLAN Locallty(lea: City of Va. Beach FY99 FY2000 $1,124,346 $1,124,346 Maintenance of Effort: $2,471.013 $2,471,013 StataARocatlon: Other Funda: . '$3,695,369c\:$3.69fi¡3fi8ITotal: VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT FY98-2000 PLAN Locallty(lea: City of Va. Beach FY99 FY2000 $1,124,346 $1,124,346 Plea.. Specify: The MOE for Va. Beach Is $662,605. The City has appropriated $2,471,013 $2,471,013 an additional $461,841 to fund the plan this year. ¡¡~;~";~$$Ji$~;I,i~t~$~; PROGRAM DESCRIPTION: Progl1lm or Servtce Progl1lm or Servtce Provider Progl1lm or Servtce Program or Servtce Provider Pre- Poet. Non- dlaposltlona' dlapoaltlona' Realdentlal Realdentlal CHINS CHINSUP Diverted Firat orrender Delinquent Em............. EnI............. -. -. _or _or _0"1" -0'1" _0"'" _0"'" -0'1" _0"" -0'," _0"" _0"" -, ..,. --."', oppIIcobIo. - oppIIcobIo. - oppIIcobIo, - oppIIcobIo, - .....-, - oppIIcobIo,IM.. oppllcoblo. - oppllcoblo, 1M.. _0Ie.- _. -..oJ, "on'" not bro.'" not ...... not bIIr... not "0"'" not "on'" not "on" not bOo"" . not blo" If not Em.... ........r -,om or ......... .......-. ole. ,E_"'""", .. ~.... or......... """"'-. ole. oppllcoblo_, o"""'bIo, ,0P"""'bIo, oppUcoOle. oppllcoblo. opplicoblo, oPplicoOle- opplicoþlo- oppllcoble " ", ""'","""',"'-"-,',""",'",',',"',,""';:;':l:r,'~,,', ""","-=~"""',',',,,:¡w., " ."-"""""¡:;"~""":""':""'" ',"""='"",,,:,"-',",ìill:,',""','~,""-,"""::-':,',"', ~_:'" " - '-,-""",',"','",,:ii,~, - "',r'<=,_"-,"'-,""',""',,F'C,',"'"""""""""",1,,',,,""'",,",",',,"',',',',"",.',',',',",',?',,','-',',:,'""",;¡,',,',',,:"',',:",',"-':',',,,,':,',,'',',"",' ,'"",','",',,',",' ',,' '"--,, exampe: . '," ..C¡""~'F.,,etr,"~'~n'T.$r,r":1'! .JtII"'1'.'.r-'"(.<',"t.,fft:;:.'1c,--;"",,,,¡ríï#:,,!t.!'~-"'~~iWl1'~;;"- fi:it:rJ¡:.¡'wu;;¥!i:,.. ":¡~'-'" ,.'~,.:.jj:i;,-;!;f."t".TI'-,.ít.~,j;~.L:".":':',Qi.::1'.,',' 1":""',,1,'\ ,,:,.1 . Residential Care Tidewater Regional G. H. Residential Cere Tidewater Regional G. H. ( 1 1 1 1 1 1 1 Challenge Outreach Tidewater Regional G. H. Challenge Outreach Tidewater Regional G. H. (1 1 1 Challenge Outreach E.M. Tidewater Regional G. H. Challenge Outreach E.M. Tidewater Regional G. H. ( 1 1 1 1 In Home Services Tidewater Regional G. H. In Home Services Tidewater Regional G. H. ( 1 1 1 1 1 1 1 RGH Outpatient Tidewater Regional G. H. RGH Outpatient Tidewater Regional G. H. ( 1 1 1" 1 1 1 1 Supervision Plan Services "as needed"' Supervision Plan Services "as needed" 1 1 1 1 1 1 1 Apartment Living Tidewater Regional G.H. Apartment Living Tidewater Regional G.H. C 1 1 1 1 1 1 1 Early Intervention Program Tidewater Regional G.H. Early Intervention Program TIdewater Regional G.H. C 1 1 1 1 1 1 1 Pendleton Child Services Center City of Va. Beach Pendleton Child Services Center City of Va. Beach 1 1 1 1 1 1 1 1 CHINS Unit City of Va. Beach CHINS Unit City of Va. Beach 1 1 1 1 1 1 1 Launch Program Tidewater Regional G_H. Launch Program Tidewater Regional G.H. C 1 1 1 1 1 1 1 TOTAL KEY self-calculating field 1 = yes nla = not applicable ..., " ';. ,'., 9 11 9 KEY self.œlcûla:tingr,eldA ,"", 1 = yes nla = not applicable 'Please specify the funding source (i.e., federal grant, foundation grant. etc.) DEFINITIONS Predisposltional means Prior to aentencing by the court Postdisposl1Jonal means AFTER lentancing by the court following a formal determination o( guilt CHINS means "chfkf In naed of lervicss' whose behavior, conduct, or conditions presents or results In a lerious threallo the wall-bein¡ CHINSUP means "child In need of supervision" who II either habitually abIent from school (truanl) or remains away from his parents (1'1 Diverted means a chltd'l case came to Intake and was referred to services that did not raquire court intervention. First offender means a child who II convicted and sentenced by the court for the first time after committting a delinquent act. VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT FY98-2000 PLAN Locallty(l.s): City of Va. Beach FY99 FY2000 $1,124,346 $1,124,346 $2,471,013 $2,471,013 , $3,595¡359}f$3;595;359ISERVlCE UNITS: Maintenance or Enort: Slete AnocoUon: Other Funds: Tolel: Progl'8m or ServIce Progl'8m or Service Provider Progl'8m 'Slert Dale FYl8 FYII I FY 2000 FY2000 I FYII FY2000 FYII Programl EsUmated . FYII FY2000 Progl'8ml Estimated. FY2000 FYII Alternallve FY2000 AltemaUve Youth 10 be Service Unit or Units Per Progl'8ml Youth 10 be Service Unit or Units Per Progl'8m1 Avel'8ge eoslService Avel'8ge Cool Service Served Type Youth Service Units Served Type Youth Service Units Per Unit Method Per Unit Method EnI.. .... ...... cI -- . EnIor tho ....... EnIor tho ....... ""'-or cI__- e-...typocl cI_- -cllJ. e_..._................... _cl_, -.......... ThiI- _. """"'--"""',._orh_, doy, houra. .........,....-- E-"'~l-":"'""'"?'~~ '-:-,' ~~~"",'l1""'" ~~::.....m:;~"i"'-"'~~~;O¡;¡-' 8JCI/n/p e:.; '0",>, ¡, '" '¡i:?-')Je"""""-"~I".,jI!m'1!¡;:-:Ø111!"'!!'.!'.A:¡¡1?,ì1*¡¡Üili>¡t,:::W,";¡'¡@z,,;, Re8ldential Care Tidewater Regional G. H. ExIsting 34 days Challenge Outreach Tidewater Regional G. H. Existing 327 days Challenge Outreach E.M. Tidewater Regional G. H. Existing 247 days In Home Services Tidewater Regional G. H. ExIsting 44 hours RGH Outpatient Tidewater Regional G. H. Existing 17 days Supervision Plan Services "as needed" ExIsting 3 days Apartment Living Tidewater Regional G.H. Existing 3 Days Early Intervention Program Tidewater Regional G.H. Existing 1 hours Pendleton Child Services Center City of Va. Beach ExIsting 60 days CHINS Unit City of Va. Beach 9/1/98 100 months Launch Program Tidewater Regional G.H. Existing 96 hours TOTAL' .¿: .4:;:- ,,¡f..~ü,~~,'~~i~¡¡;i.~:~~~]l KEY self-calculating field : 1 = yes nla = not applicable end physical lately of the child. ,"away), EnIor tho ....... EnIor .... ....- cI__- EnIorthotypocl cI_- "-'orWIg - cI-- - - ThIa - ""......morL...doy.houra. .........,.""-- _. --, .... ~ ., ITP"~"¡" íri:' . ,,"-, '\'f:"-(P'" ',¡o¡ ';"¡'¡'W'~~' "ij~l'JJ~BF-. f.(,,~g:,; , 33' dayà ... 365 . 327 days 45 247 days 45 44 hours 140 17 days 365 3 days 365 3 Days 365 1 hours 365 60 days 91 100 months 5 96 hours 30 91>\ ~WJáf:93~:. ,;1.*WJ$..~"'PJ VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT FY98-2000 PLAN Locilltyjles): City of Va. Beach FY99 FY2000 $1,124,346 $1,124,346 $2,471,013 $2,471,013 $3,696,359" $3.595,359IPOSITIONS: Mllntenlnce or Enort: Stlte Allocltlon: Other Funds: Total: Program or Service Program or Service Provider ¡FUNDING: FYH ProJected Positions FY2000 Proected Positions FYIt Local FYIt State mt Other' FYIt Total Revenue Ent"' ... nome 01 E_... num"" En,", ... """""..... oIfuII- 01"'- ........... or "'1- "'1- Enlor'" - purchond,ciIy. -poId""-poId ......-01 _"'_01 01_- _. V.JC<X:A _VJCCCA _,...pIonlo__,...pIon,...pIonlo.pondThls__.. Entor........01.."".m..- .............* fllndinl fIInd... InFYH IofijlnFYH InF- -. "'-""",r-,,-""""""""""-"'",','.""'J'..;:¡¡¡c:~;¡;...-.r;, ',',',","~",' ~"""'~""!t,'aoi.)\¡i\:¡¡:'.,,,,,~,';, Q,",',"'jw'..'¡¡;::nr;""""",,','ii,,'ii:I'r'I\1i, " .examp ~ '" . .:. '~,;, "":"""':'31',:£:;"':; ..(,.,......,.~,!¥t_.. ";,~'~!Ú!!<!:'I! --",;Ì"};,,, ,i""¡" ,"!'nK~j; ~\fK"!fJt!. Residential Care Tidewater Regional G. H. 74.13 74.13 $508,889 $802,264 Challenge Outreach Tidewater Regional G. H. 22.02 22.02 $237,471 $258,106 Challenge Outreach E.M. Tidewater Regional G. H. $7,565 $45,824 In Home Services Tidewater Regional G. H. 16.80 16.80 $259,362 RGH Outpatient Tidewater Regional G. H. 6.50 6.50 $173,112 Supervision Plan Services "as needed" $131,361 Apartment Living Tidewater Regional G.H. , 5.50 5.50 $105,942 Early Intervention Program Tidewater Regional G.H. 3.50 3.50 $130,778 Pendleton Child Services Center City of Va. Beach 26.00 26.00 $370,421 $210,000 CHINS Unit City of Va. Beach 6.00 6.00 $254,367 Launch Program Tidewater Regional G.H. C 3 3 $99,897 KEY self-caléùláting fIeld4,;;¡jB;;;~¡¡¡; 1 = yes nla = not applicable FY2000 FY2000 Local State FY2000 Other' FY2000 Total Revenue E-'" .mour< ENor ... - 01 Enior ... amour< 01 01 - ....... - dol... ,... pion 10 ..... ....... ,... pion you pion t. ....... ThIs !\old colculo'" &i FY2OOO 10 .- In FY2000 In FY2OOO .~. I' ',,>'..;r;¡,,'F,"'K^,,'-~,',',C;;"~,',\-~:;:$,3,-(,ã,,"'^""',',',,~,'~=, .",'7C,~"..,iC.,'".:"--"~"~" , !':f'n"t¡~"!!'o<' "" ,"""W~. .4-' $508,889 $787,264 $237,471 $258,106 $7,565 $45,824 $259.362 $173,112 $131,361 $105,942 $130,778 $210,000 $269,367 $99,697 , ~f~ ilã~!/iì!ìIB- 'J~IJ,IW,n¡I~Jæfm}~r¡j~!!~~~:$ $370,421 i~~¡~4;m~¡¡¡ $2.4't..:O~ ~1;¡i1¡¡Zlt::{$í ~3J5~5 »$" Malnte...nce of Effort: State Allocation: Other Fund.: Total: VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT FY98.2000 PLAN Locallty(le.: City of Va. Beach FY99 FY2000 $1.124,346 $1,124,346 $2,471,013 $2,471,013 , $3.595~$9¡;'$:i;$95j31i9IPLAN BALANCING CHECKS: Prog..m or Service Prog..m or Service ProvIder FYI' MOE 'Check FY2OOO MOE Check FY2ooo State FYIt State Check Check n... ."<1,,'111.""" EN.."'"""", . ~r..........dIIt""'-.... 1hoFY2000- .11- . FYIIII - -. funding - ... moot n ... - ........... n ... - ........... -- . - ... moot ... ... ....... MOE. FYIIII - -. FY2OOO - -. _.od.dIy. """"odMOE. - -..- If- -......-. --........... _.. counIy, ,_.. If_dIgII"I,digÞI,_,,- _. If"""'digÞI._.. n.........,. Enter... no... '" _rom ........ -..... ole. - -- moot MOE. ..... MOE. Iund. ...-. "- moIcIL ø.m¡p"j(J\'-I7)i":".g,-;:",,;,,:,,{iÇ:Jëlfê.":=¡:r""""T~., ~;:.W".,'\1l'.",",;j,p;r;?r.l"1."p.~.""~",;¡!I,;r"'Ii..';¡'" m'i:l~"...':!~"m."..¡;r-,¡.., ',',' ", Ðif . -' . . ... '....'~"~'/\I"~_;', ",.""........,!.....;;..:m11fq¡-'M....."t},~_~71m41mim'~ Residential Care Tidewater Reglonll G. H. Chlllenge Outreach Tidewater Regional G. H. Challenge Outreach E.M. Tidewater Regionll G. H. In Home Services Tidewater Regional G. H. RGH Outpatient Tidewater Regional G. H. Supervision Plan Services "as needed" Apartment Living Tidewater Regional G.H. Elrty Intervention Program Tidewater Regional G.H. Pendleton Child Services Center City of Va. Belch CHINS Unit City of Va. Beach Launch Program Tidewater Regional G.H. TOTAL'.' KEY sel1-œlcullting field"'" 1 = yes nla = not applicable ')SM'1:~!; "~~¡:;~~~?t:~¡i'Jf~¡<i#?m.t\'ttl:b~~11 Tidewater Regional Group Home Commission, Residential Programs 1 Target Population: Program Risk Level: Program Sanction Level: Program Type: Date Program Started: Program Cost: Staff: Capacity & Duration: APARTMENT Living Program Males/females ages 16 to 20 referred by court service units or social service agencies, FAPT or CAT teams whose criminal history and current level of functioning would enable them to live in an apartment complex with moderate supervision. These young adults would be unable to live at home or somehow lack the family support needed in assisting them towards independence. as~.Q Although extenuating circumstances will be acr;:esGcd on an individual basis, generally youths requiring more supervision than the structure of the program allows will not be accepted. Youths not eligible may exhibit one or more of the following behaviors and will require a placement more appropriate for his or her needs: 1. Active addiction to drugs or alcohol. 2. Active psychosis. 3. Profound mental retardation. 4. Violence towards individuals or property. 5. Severe depression and/or suicidal behavior. 6. Fire setting. 7. Consistently non-compliant with services offered. Low to moderate risk to the community. Without interaction, our residents would most likely be homeless. Some residents have no criminal history. Most are intermediate/more serious offenders or are on aftercare status, coming directly from the juvenile correction facilities. The program is residential for ten (10) residents. There is also a non- residential component with a transitional and outreach phase. The program officially began operating November 1, 1995 being taken over from Catholic Charities on that date. Residential phase is $97.59 per day. The transitional phase is $78.53 per day and outreach is $23.80. The program is funded through local money, 294 funds, CSA funds. VJCCCA funds placements from Virginia Beach. Staff consists of a Director, Assistant Director, three counselors, and a secretary/part-time counselor. Residential capacity is ten residents. Clients contract at admission for the time frames required to complete treatment goals. Outreach capacity has no limit. Transition and outreach residents have access to staff twenty-four hours per day. Transition residents participate in residential activities and have contact with staff a minimum of four times per week. Outreach residents are seen as needed. Tidewater Regional Group Home Commission, Residential Programs 2 Purpose: Apartment Living Program (Cont.) The purpose of the program is to enable our young people to develop the skills and confidence to function in an independent setting. Graduates of our program will have: 1. Experienced apartment living. 2. A high school diploma or GED. 3. College courses if desired. 4. A job which enables the youth to be independent. 5. How to make and adhere to a budget. 6. Opening and maintaining a savings account. 7. A driver's license. 8. The ability to negotiate public transportation. 9. Will be registered to vote. 10. Males will be registered for selective services. 11. An ability to plan, purchase, and prepare nutritious meals. 12. An ability to clean, maintain, and decorate an apartment. 13. A knowledge of medical' resources. 14. An ability to schedule medical and dental appointments. 15. A knowledge of birth control, sexually transmitted diseases, and local resources for such. 16. A knowledge of and the ability to access community recreational services. 17. Maintain supportive relationships within the program community . How We Do It: The essential component of our program is to ensure that the client has identified his or her goals and to assist them in carrying out those goals. A major emphasis is in teaching clients to access community resources and make good use of leisure time. Staff promotes the self-government model whenever possible. Parents/Guardians are asked to assist the staff and there is close communication with referring workers. Unique or Special Aspects: What makes this program unique is that the program conforms to the needs of the residents rather than all residents having to conform to the program. Encouraging Prospects: The staff is able to determine within the first thirty days if a resident has the ability to successfully complete the program. Residents need to enter the program with some basic skills such as an ability to plan and cook simple meals, be able to clean and maintain their apartment and have the self- discipline to get to bed at night and up in the morning with minimal staff direction. - The majority of our residents have been in the juvenile system for many years. We are often their last placement opportunity. Localities Served: The Apartment Living Program takes residents from throughout the state of Virginia but gives priority to the cities of Chesapeake, Franklin, Portsmouth, Suffolk, and Virginia Beach and the counties of Southampton and Isle of Wight. For Additional Information Contact: Dave Hawkins Deputy Director for Residential ProgramsrrRGHC 119-A Tilden Avenue Chesapeake, VA 23320 {757} 547-9288 Fax: {757} 548-8989 Program Director: Ann Phillips 312-102 Monroe Avenue Virginia Beach, VA 23451 (757) 428-4001 Fax: (757) 428-4401 Tidewater Regional Group Home Commission, Residential Programs Target Population: Program Risk level: Program Sanction level: Program Type: Date Program Started: Estimated Daily Cost: Staff: Capacity & Duration: Purpose: How you do it: 3 Centerville Group HomelTRGC Centerville Group Home serves adolescents age of thirteen to seventeen years of age and their families who are referred by Family and Assessment Planning Teams, local court service and human service agencies. The youth have a moderate to high risk to reoffend without intervention. The Centerville Group Home program works with adolescents who are not responding to the intervention of the court or are having difficulty maintaining in a foster care placement. We transition adolescents from juvenile correctional centers and long-term psychiatric facilities back to the communities as well as preventing adolescents from going further into the juvenile correctional system. Centerville Group Home is a post-dispositional residential program. Each resident is assigned an individual counselor. Residents participate in POWER GROUPS: (Personal Opportunity Within Every Resident) Which topics range from expressing feelings appropriately to learning to use a computer. Family counseling, independent living skills, and recreational programming are provided in-house. We also coordinate services with outside providers such as substance abuse, Daughters United, individual therapists, and other supportive services. 1979 Per Diem - $100.21 2 administrators, 6 Full-Time Counselors, 1 Full-Time Technician, 1 Part- Time Secretary, Substitute Counselors on a on-call basis. We have a population of twelve residents. Av^~e length of stay for court service referred residents is six to nine,!,o"~òr social service referred residents the average length of stay is nine months to a year. Our mission is to provide a nurturing home-like environment for these youth wher~ in the staff builds a trusting relationship with each individual. In the 1i~'S~tof developing this relationship, our goal is to teach these youths and their families to manage their own environment. We accomplish this by teaching skills in socialization, values and decision-making. Our point-of- service extends into the home and communities of our clients in an effort to work within their own system. We program the treatment around each individual. The resident participates in the development of his/her own service plan. We have individual, group, family counseling, POWER groups, independent living skills group, and recreational and summer programming. Once the resident graduates from our program we provide outreach services at no cost for as l'ong as needed. Outreach can include family and individual counseling as well as crisis intervention when needed. Tidewater Regional Group Home Commission, Residential Programs 4 Centerville Group HomelTRGC (Cont.) Unique or Special Aspects: We are flexible. We work with residents and families who are working for the youth to return home or to a foster home. We work with residents whose goals include independent living. If a plan changes in mid-stream of treatment we will work with the resident to help him/her adjust and find solutions. Encouraging prospects: The residents developing the ability to make appropriate choices, improve school performance, and return to their families and live productively within the law. Localities Served: Chesapeake, Portsmouth, Virginia Beach, Suffolk and Franklin Cities; Isle of Wight and Southampton Counties. Program Director: Name: Arlene A Eyler, AC.S.W. Title: Director Address: 916 Centerville Turnpike South Chesapeake, Virginia 23322 For Additional Information Contact: Name: Paul R. Greggs Title: Assistant Director Address: 916 Centerville Turnpike South Chesapeake, Virginia 23322 Telephone: Fax: E-Mail: 757-482-4744 757-546-0851 Centervillegh@juno.com Telephone: Fax: E-Mail: 757-482-4744 757-546-0851 Centervillegh@juno.com Tidewater Regional Group Home Commission, Residential Programs 5 Chesapeake Boys' Home Target Population: Court-referred or court ordered males, ages 13-17. Program Sanction Level: CHINS / CHINSUP / Delinquent / First-time / nonviolent offenders / intermediate offenders / aftercare Program Type: Residential, post-dispositional, group, individual or family counseling, anger management and outreach program. Date Program Started: 1976 Estimated Daily Cost: $100.21 per diem, offset by VJCCCA. Some USDA funding is available. Staff: 4- F.T. Counselors; 1- F.T. & 3-P.T. Group home workers, 1- F.T. Cook, 1- P.T. Secretary, 1-1/4 Maintenance person, 1- Director, 1- Asst. Director Capacity & Duration: 15 Residents - On average for 6 Months outreach - Number varies based on need (outreach is generally available for 6 months) Purpose: To provide a climate whereby responsible and mature behavior can be learned and practiced to enable residents to live productively within the law. Ultimate goal is to return the youth to his family or surrogate family without re-entry into the court system. How you do it: Residential treatment, individual counseling, family counseling and parent meetings, group counseling (including anger management, and abstinence management to address chemical dependency), outreach, 5 rings program, recreational and summer activities program. Unique or Special Aspects: All male; Geographic location isolated; On-site public alternative school; 5 Rings program - leaming honesty, respect, compassion, accountability, and dependability; Residents establish their own goals; Clear expectation of accountability and the ability for youth to manage their own behavior. Encouraging prospects: To assist the child to return home to their family and to their community and live productively within the law. Avoid re-entry into the court system. To teach the child to make independent, productive choices. Assisting the child in developing realistic educational goals. Localities Served: Chesapeake, Virginia Beach, Portsmouth and Suffolk Cities Franklin, Isle of Wight and Southampton Counties Program DIrector: Name: Patricia Flax-Jankosky Title: Director Address: 920 Minuteman Rd. Chesapeake, VA 23323 (757) 485-5720 (757) 485-5720 - call first For Additional Information Contact: Name: Tiffany Ahmed Title: Assistant Director Address: 920 Minuteman Rd. Chesapeake, VA 23323 (757) 485-5720 . (757) 485-5720 - call first Telephone: Fax: Telephone: Fax: Tidewater Regional Group Home Commission, Residential Programs Target Population: Program Sanction Level: Program Type: Date Program Started: Estimated Daily Cost: Staff: Capacity & Duration: Purpose: How you do it: C.J.H. (Continued) 6 Crisis Intervention Home (CIH) The CIH is a temporary (licensed for 60 days*) residential care facility for males and females ages 13 through 17 years. These clients are referred by the Juvenile Court and/or Social Services on either a court order or a placement agreement, accompanied by a purchase of services order. The CIH is open seven days a week, 24 hours a day. (*Children may remain after 60 days, but physical and social histories are required.) CHINS I CHINSUP I delinquent Diversion I first-time offenders I nonviolent offenders I occasional intermediate offenders The CIH is a non-secure residential group home program. The CIH accepts residents who are not considered a threat to themselves or to the community. Due to CIH's non-secure environment, residents and families must be amenable to' placement and willing to participate. Services are purchased by the referring agencies. Counseling is provided by the referring agency, Comprehensive Mental Health, private agencies, and/or the CIH home staff. The CIH was opened by the Tidewater Regional Group Home Commission (TRGHC) in 1977 at its first location on 20th Street, Virginia Beach, VA. In the winter of 1986, the facility moved to its present location at 811 13th Street, Virginia Beach, VA. Average daily cost is $110.19 We receive a combination of funding sources: local, DCJS and CSA. The staff consists of a Director, Assistant Director, four full-time and four half-time counselors, a cook and a secretary. Although the CIH is designed to accommodate 12 residents, the population sometimes exceeds that number. The client is expected to stay no more than 60 days, as described above. The client is involved in the program seven days a week, on a 24-hour basis. The program has three primary goals: to stabilize the child within the first . two weeks by orienting himlher to the program, and getting him/her involved in school or job placement; to identify and develop a short-term treatment strategy during residence; and to focus on planning a placement beyond the CIH/reunite the family. Children who are expected to be in the program for as long as four to six weeks are enrolled in public school. Others receive tutorial instruction by a CIH teacher provided by the Virginia Beach City Public Schools. The CIH is committed to helping children return to their families, and for this reason, the parents are involved at the earliest opportunity. Goals and services are coordinated with the families and with referring agencies. Respect, structure, and role modeling are also key elements. Tidewater Regional Group Home Commission, Residential Programs 7 Unique or Special Aspects: Because it operates on a 24-hour-a-day basis, 365 days a year, the CIH provides a homelike environment for the residents. The staff are supportive and caring, and residents are expected to follow the facility rules and regulations. They learn to get along with other residents and to cooperate with the staff. Corporal punishment is not used; however, the CIH may use any or all of the following approved behavior management and disciplinary approaches: privilege loss or reward; peer group; individual/group counseling; contracting; and voluntary room restriction. Flexibility is the key difference with CIH being able to adapt our program to meet the needs of the child, Le., long-term/short-term, schoollwork, substance abuse/family counseling. Encouraging prospects: CIH residents learn anger and behavior management, self-discipline, courtesy. They are rewarded for good behavior and learn to accept restrictions for acting-out behavior. The CIH is a homelike, structured alternative to detention for further assessment and treatment plans. Localities Served: The CIH is located. in Virginia Beach; however, it is operated by the Tidewater Regional Group Home Commission, which operates seven residential and five non-residential programs in Chesapeake, Franklin, Portsmouth, Suffolk, and Virginia Beach, and in the counties of Isle of Wight and Southampton. Program Director: Name: Michael E. Sawyer, CSAC Title: Director Address: 81113th Street Virginia Beach, VA 23451 Telephone: Fax: E-Mail: (757) 422-4521 (757) 422-4775 Tidewater Regional Group Home Commission, Residential Programs 8 Family Group Home SystemslTRGHC Target Population: Our program is designed to serve males and females, ages 15 Yz to 17. Approximately 60% of our population have no family involvement, some of the offenses they may have committed are: petty larceny, runaway, emancipation, but no serious charges are acceptable. Admission criteria is as follows: . Must be between the ages of 15 and 17 No serious mental health issues No History of physical violence Referred by Juvenile Court or Dept. of Social Services No long/serious felony records No one who has a known addiction to alcohol & hard drugs Completed admission packet . . Program Sanction Level: CHINS, Delinquent, Nonviolent offenders, Intermediate, Some Aftercare; Monitoring & treatment after release from a residential program Program Type: Non-residential, Post-dispositional, Purchase of services, Public, Community Service, Intensive supervision; Group, Individual, and family counseling Date Program Started: July 1987 Estimated Daily Cost: Court Service Units. Unit of Svc. Family Group Home System Per day Family Group Home Outreach Per day High Risk Case Management Hourly Full Rate $75.00 $23.80 $18.00 The other funding sources that we use are: Court Service, Per diem, Department of Social Services and CSA funding Staff: We have 3 full-time employees: Director . Assistant Director/Case Manager . Case Manager We have 2.5 part-time Case Managers Tidewater Regional Group Home Commission, Residential Programs 9 Family Group Home SystemslTRGHC (cont.) Capacity & Duration: A client will complete the program in 9 months. Clients are involved in a non-residential program (Therapeutic Foster Care) which is from Monday through Sunday. . Purpose: Mission Statement: The Tidewater Regional Family Group Home provides a temporary place to live, nine months to one year, for young people whose needs can be further met by developing their personal Independent Living Skills. How you do it: We provide a nurturing environment with our Therapeutic Foster Care Parents to a small population, and we teach Independent Living and Life Skills. Unique or Special Aspects: We provide structured and nurturing support services. We are a unique program because: we teach Independent Living Skills; provide intensive supervision to high-risk kids on a daily basis; provide a high level of support services to the Therapeutic Foster Parents; and we have a high level of structured programming, a variety of programs available, outdoor ventures, transition program trips, and health/recreational workshops. Encouraging prospects: Based on tracking residents for one year after graduation from the program, the recidivism rates are low. Localities Served: Cities of Suffolk, Norfolk, Chesapeake, Virginia Beach and Franklin; . County of Isle of Wight Program Director: Name: Elva Stukes Title: Director Address: 120-0 Tilden Avenue Chesapeake, VA 23320 For Additional Information Contact: Name: Tina Wallace Title: Assistant Director Address: 120-0 Tilden Avenue Chesapeake. VA 23320 Telephone: Fax: E-Mail: 757-436-1503 757-549-4228 Telephone: Fax: E-Mail: 757-436-1503 757-549-4228 Tidewater Regional Group Home Commission, Residential Programs Target Population: Program Risk Level: Program Sanction Level: Program Type: Date Program Started: Estimated Daily Cost: Staff: Capacity & Duration: Purpose: How you do it: Unique or Special Aspects: Encouraging prospects: 10 Salem HouselTRGHC Through the mutual agreement of the referral agency, Salem House staff, the youth and their family, we admit both males and females ranging from 13 - 17 years of age who express a willingness to fully participate in the program and temporarily reside in a group home atmosphere. Offenses: Misdemeanor/Felony (upon evaluation by Program Administrator/Program Director) Risk is considered to be "low" and it is evident that some do reoffend. CHINS / CHINSUP / delinquent Diversion / first-time offenders / nonviolent offenders Intermediate / more serious offenders (on occasion) Pre-dispositional Group Home facility / Purchase of Services July 1,1994 Daily Cost: $110.19 Director, Assistant Director, 7 Counselors, Food Services Manager and Secretary. Salem House is a pre-dispositional, co-ed facility licensed to provide temporary residential care for a capacity of twelve youth, ranging in age from 13 to 17 years, for a thirty day period. Within the homelike setting of Salem House our residents are provided with a structured program, are fully supervised by staff, are available to both referral agencies and other involved professionals and are accessible to their family during this transition towards goals and behaviors which will better serve them in their future endeavors. Our program is comprised of an in-house school, individual and group counseling, opportunities for recreation, special interest activities, voluntary community service, a summer enrichment program and spiritual life training (optional) through which safe, stable and caring relationships are able to begin and grow. Working within our community and drawing upon our shared strengths, the concept of teamwork is fostered and modeled as we strive to make a difference in the lives of the youth we serve. In the short term many set up achievable goals, challenge themselves to change, and are open about themselves and their struggles. Many of the youth who are placed with us continue to phone, visit and/or write letters to maintain contact. Tidewater Regional Group Home Commission, Residential Programs 11 Salem House/TRGHC (cont.) Localities Served: Virginia Beach, Chesapeake, Portsmouth, Suffolk, Franklin, Isle of Wight and Southampton. Program Director: Name: Elaine M. Smith Title: Program Director Address: Salem House 2293 Lynnhaven Parkway Virginia Beach, Virginia 23456 For Additional Information Contact: Name: Jeff Stringfield Title: Assistant Director Address: Salem House 2293 Lynnhaven Parkway Virginia Beach, Virginia 23456 Telephone: Fax: E-Mail: (757) 471-0140 (757) 471-0141 Telephone: Fax: E-Mail: (757) 471-0140 (757) 471-0141 Tidewater Regional Group Home Commission, Residential Programs 12 Title: Regional Group Home Target Population: Males and Females between the ages of 13 - 17 are referred to the group home by court service unit personnel, social service personnel or the local FAPT teams. Residents admitted into the Regional Group Home are not in need of serious medical treatment or detoxification, and must be enrolled in public school or have a work plan. The goal for all the clients to reintegrate them back home with their family, therefore, family members must be open to family counseling. Program Risk level: The clients are a low to moderate risk to the community. Yes, they are likely to reoffend without intervention. Program Sanction level: CHINS I CHINS UP I delinquent First-time offenders I nonviolent offenders Intermediate I more serious offenders Secure I violent offenders Aftercare I monitoring & treatment after release from a residential program Program Type: The Regional Group Home is a residential group home, which offers assessment services, substance abuse services (including substance abuse assessments), anger managément services, and individual, family, and group counseling. Enrichment services are also offered in the area of life skills, culture, and athletics. Date Program Started: 20 years ago Estimated Daily Cost: $100.21 per diem, offset by VJCCCA funding. Staff: 6 full-time counselors, 2 supervisors (Director and Assistant Director), part-time cook, 1 part-time group home worker Capacity & Duration: 13 clients Expected stay is 5-6 months, in some cases longer. Tidewater Regional Group Home Commission, Residential Programs 13 Purpose: The long-term goal of the Regional Group Home is to reintegrate the child back into their family and the community, and reduce their risk of additional family, legal, emotional or educational problems. How you do it: The Regional Group Home Program allows for the development of an ividualized treatment plan for each child. We have 4 phases of treatment - orientation, initial, middle and final. The clients move through the phases as they make progress on their goals. Individual, group, and family counseling services are provided. A comprehensive substance abuse treatment program is available for residents with an identified substance abuse problem and thorough assessments are completed on all clients. Family involvement is essential to a client's success in the program. A bi-monthly parent support group is available to all parents. Anger management services are also available to parents. The residents participate in a comprehensive recreational program which includes group home activities, outings, field trips, out of town excursions, along with enrichment services in the area of life skills, athletics, and culture. Points are given to each client for participation, attendance, and progress in treatment. During the summer months residents are placed in volunteer jobs or paid employment positions. Unique or Special Aspects: Our motto of "progress not perfection" is practiced daily to effect change and set positive goals. We attempt to build on the client's competencies and reward positive behaviors. Encouraging prospects: We impact the child in being able to make better decisions and improve their judgment. They learn to stay drug free and solve problems with their peers and families. Localities Served: We serve the following cities in our jurisdiction: Virginia Beach, Chesapeake, Portsmouth, Suffolk, Isle of Wight, and Franklin. The non-jurisdiction cities served are Hampton and Newport News. Program Director: Name: Denise Rae Mullins, LCSW, CSAC Title: Director Address: 2000 Virginia Beach Boulevard Virginia Beach, Virginia 23454-4209 For Additional Information Contact: Name: John Paradiso, LCSW Title: Assistant Director Address: 2000 Virginia Beach Boulevard Virginia Beach, Virginia 23454-4209 Telephone: (757) 422-5044, 428-2999 Fax: (757) 428-2999 E-Mail: N/A Telephone: (757) 422-5044, 428~2999 Fax: (757) 428-2999 E-Mail: N/A Tidewater Regional Group Home Commission, Residential Programs 14 Title: Target Population: Program Sanction Level: Program Type: Date Program Started: Estimated Daily Cost: Staff: Capacity & Duration: Purpose: How you do it: Westhaven Crisis Center Males, ages 12 to 17 years. Residents are referred by the Juvenile Court Services Units, J& DR Courts, and! or FAPTS Once the program reaches capacity, a court order is required for admission. Referrals exhibiting the following characteristics will be excluded: 1. 2. 3. 4. 5. Sever emotional disorder Pattern of violent behavior towards self or others. Addiction requiring medical supervision Sexual perpertrators Offense history which would pose a threat to the immediate community. CHINS ! CHINSUP ! delinquent! diversion ! first-time offenders ! nonviolent offenders WCC is a residential, predispositional, group home offering purchase of services for diversion, first offender, community service. WCC began operation on March 12, 1997 (Prior to that date we operated as the Portsmouth Boys Home.) $110.19 daily cost. Funding comes from a combination of VJCCCA and local government funding. 2 supervisors, 6 counselors, 1 food services technician, .5 secretary. Maximum capacity is 12. Average length of stay is 30 days. Short term crisis care. We place an emphasis on stabilizing the youth's behavior, making an initial assessment of treatment needs and reporting that information to the referring workers. The essential components of the WCC program are structure and daily living education, individual and group counseling, and drug testing and counseling. "- Challenge Outreach for Youth Target Population: Program Risk Level: Program Sanction Level: Program Type: Date Program Started: Estimated Daily Cost: . Staff: Capacity & Duration: Purpose: Juveniles who have charges pending before the juvenile and domestic relations court and meet the detention criteria. Community risk is assessed by the referring judge, referring Probation Officer in cooperation with the Challenge Outreach intake interview. The youth must be willing to follow the rules of the Program, and the parents must be willing and capable to provide supervision for their child. Electronic monitoring is utilized for approximately half the youth to enhance supervision and reduce community risk. All of the levels listed below may be considered for outreach detention if they meet the criteria listed above: CHINS I CHINSUP I delinquent Diversion I first-time offenders I nonviolent offenders Intermediate I more serious offenders Secure I violent offenders Aftercare I monitoring and treatment after release from program. a residential Challenge Outreach is a non-residential, pre-dispositional public program. It is an intensive supervision program, specifically outreach detention, and has the capability of electronic monitoring and house arrest. May 1991 $35.51 per day ($18.31 from VJCCCA funding and $17.20 from local funding). Electronic monitoring is an additional $4.09 per day. Challenge Outreach has a Director, Assistant Director, seven full-time counselors, and five counselors who are available as the census fluctuates. The Program has averaged 60 youth per day for the past year and has always provided the necessary services for all the youth to meet the needs of the community. Clients are expected to remain in the Program until disposition. Clients are seen face-to-face a minimum of four times per week, and there will be no two consecutive days without face-to-face contact with a counselor. The counselors are on call 24 hours per day, seven days per week. 1. To assure the youth's availability for court. 2. To prevent further delinquency. 3. To provide services to the family by allowing the parents to have physical custody of their child. 4. To help alleviate the overcrowding in detention homes and crisis shelters. 5. To enable immediate connection of families and youth to community resources prior to disposition. Challenge Outreach for Youth (Cont.) How you do it: The Program provides intensive supervision, community support services, and counseling to families of youth who have charges pending before the juvenile court. These services are provided in the youth's home and community as an alternative to secure detention (and less secure/crisis shelters). In some cases, detention does not best meet the needs of the youth and family involved in the court system. Our counselors work with the parents in establishing structure, discipline, and expectations needed to guide the youth and family positively through the judicial process. The counselor will develop program goals, methods of intervention, and strategies to meet the family's and youth's individual needs. Unique & Special Aspects: Although the primary objective is monitoring and supervision, we utilize a competency based approach, emphasizing strengths in working with the family. Encouraging prospects: Since the Program started, youth have returned to court with no new charges from 91 % to .93% of the time. Localities Served: The cities of Virginia Beach, Portsmouth, Suffolk, and Franklin and the counties of Isle of Wight and Southampton. Program Director: Name: Michael R. Connors Title: Director Address: 119 B Tilden Avenue Chesapeake, Va 23320 For Additional Information Contact: Name: Kim Downing, MSW Title: Assistant Director Address: 119 B Tilden Avenue Chesapeake, Va 23320 Telephone: Fax: E-Mail: 757-547-0117 757-549-0720 choutreach@aol.com Telephone: Fax: E-Mail: 757-547-0117 757-549-0720 choutreach@aol.corn Challenge Outreach for Youth-Electronic Monitoring Target Population: Program Sanction Level: Program Type: Date Program Started: Estimated Daily Cost: Staff: Capacity & Duration: Purpose: How you do it: Juveniles who have charges pending before the juvenile and domestic relations court and meet the detention criteria. All of the levels listed below may be considered for outreach detention electronic monitoring if they meet the criteria listed above: CHINS / CHINSUP / delinquent Diversion / first-time offenders / nonviolent offenders Intermediate / more serious offenders Secure / violent offenders Aftercare / monitoring and treatment after release from a residential program. Challenge Outreach Electronic Montoring is a non-residential, pre- dispositional public program. It is an intensive supervision program, specifically electronic monitoring coupled with outreach detention, and house arrest. May 1991 $4.09 per day (challenge outreach supervision is billed separately. There are no staff directly dedicated to the EM. program. Regular outreach staff are responsible for the installation of EM. equipment. The equipment and monitoring services are provided under a contract with B I International. The Program has averaged 60 youth per day for the past year and has always provided the necessary services for all the youth to meet the needs of the community. Clients are expected to remain in the Program until disposition. Clients are seen face-to-face a minimum of four times per week, and there will be no two consecutive days without face-to-face contact with a counselor. The counselors are on call 24 hours per day, seven days per week. 1. To assure the youth's availability for court. 2. To prevent further delinquency. 3. To provide services to the family by allowing the parents to have physical custody of their child. 4. To help alleviate the overcrowding in detention homes and crisis shelters. 5. To enable immediate connection of families and youth to community resources prior to disposition. The Program uses electronic ankle braclets which are monitored 24 hours per day. E. M. is coupled with intensive supervision, community support services, and counseling to families of youth who have charges pending before the juvenile court. These services are provided in the youth's home and community as an alternative to secure detention (and less secure/crisis shelters). In some cases, detention does not best meet the needs of the youth and family involved in the court system. Our counselors work with the parents in establishing structure, discipline, and expectations needed to guide the youth and family positively through the judicial' process. The counselor will develop program goals, methods of intervention, and strategies to meet the family's and youth's individual needs. "- Challenge Outreach for Youth Electronic Monitoring (Cont.) Unique & Special Aspects: Although the primary objective is monitoring and supervision, we utilize a competency based approach, emphasizing strengths in working with the family. Encouraging prospects: Since the Program started, youth have returned to court with no new charges from 91 % to 93% of the time. Localities Served: The cities of Virginia Beach, Portsmouth, Suffolk, and Franklin and the counties of Isle of Wight and Southampton. Program Director: Name: Michael R. Connors Title: Director Address: 119 B Tilden Avenue Chesapeake, Va 23320 For Additional Information Contact: Name: Kim Downing, MSW Title: Assistant Director Address: 119 B Tilden Avenue Chesapeake, Va 23320 Telephone: Fax: E-Mail: 757-547-0117 757-549-0720 choutreach@aol.com Telephone: Fax: E-Mail: 757-547 -0117 757-549-0720 choutreach@aol.com In-Home Services Program Target Population: Program Sanction Level: Program Type: Date Program Started: Estimated Daily Cost: Staff: Capacity & Duration: Purpose: How you do it: Our program serves both male and female youth at risk of being removed from their home due to their behaviors at home and in the community. Ages range from 7 to 18. Types of offenses committed include; assault, petty & grand larceny, possession of drugs, destruction of property. Admission criteria includes the following; the youth must be at risk of out-of-home placement, and the family must agree to participate in services. Youth with any identified mental health, substance abuse, school, or behavioral problems are appropriate for referral. Juveniles with severe to profound mental retardation or who are sex offenders will be evaluated for appropriateness on an individual basis. CHINS / CHINSUP/ diversion! first-time offenders. non-residential, pre- & post-dispositional, public. March 1991 Our program bills by the hour ($41.40). The average amount of contact per client is approximately 5 hours per week. Each client in our program has a specific funding source (local funding, CSA funding, VJCCCA, 294 grant, or Medicaid) FT Director and Assistant Director, FT Substance Abuse Program Coordinator, six FT counselors, and eight PT counselors. The maximum number of clients our program serves at any given time is 80. The average length of time that a client and his/her family is in the program. is four and one-half months. The purpose of our program is to provide intensive home-based family, individual, and crisis counseling, combined with case management services to preserve the family and prevent out of home placements for our clients, within a relatively brief period of time. Our goal is to help the client and family make lasting changes that will have a positive impact on the rest of their lives, and be able to work their way out of the system by resolving problems without the need of outside intervention. IHSP works from a strong systemic focus, keeping family therapy at the heart of the work. Our clinical perspective draws on three major sources. First is the pioneering work of the structural and strategic family models (Minuchin, Haley, Madanes), which emphasize restoration of family hierarchy (putting parents back in charge of their children, instead of vice versa), and attempt to re-organize families to manage their own problems with less intervention from outside sources. In-Home Services Program (Cont.) Second, is the solution-focused approach (deShazer, Berg, Miller) which explores exceptions to problem behavior and builds on these successes to solve the presenting problem (in this case eliminating criminal behavior). Third, is the model of "wraparound services" (Dennis, Grealish) which promotes multi-system cooperation and attends to all of the life domains affecting the family and devises plans that wrap services around the youth in such a way as to address all the relevant domains. All of these models have in common a non-pathological approach to problems, emphasize maximum involvement and action on the part of clients to solve their own problems, stress personal responsibility, move clients into a future orientation, are task and goal oriented, and are individualized and creative in terms of treatment planning. In addition to intensive family and individual therapy, we provide 24 hour crisis on-call, flexible & accessible treatment and case management services, coordinate services with multiple systems such as family, court, school, job, neighborhood, and address specific environmental needs such as housing, family or community violence, special medical needs, and poverty, by helping youth and family access all available resources. Unique or Special Aspects: The following are the things we do that are special features of our program; Our program is licensed by DMHMRSAS and has a highly skilled and trained staff; IHSP promotes cultural and ethnic diversity in staff hiring and in provision of culturally sensitive treatment services; We provide accessibility on a 24 hour, 7 day a week basis; We are very flexible with meeting times and places; we have the ability to be creative in treatment planning with the client; case management and coordination of services; attending to concrete needs such as food, shelter, clothing, and transportation; and finally we are able to provide "hands onn demonstration of parenting and home management skills. Encouraging prospects: The willingness of in-home counselors to go into the neighborhoods and communities where the client lives sends a powerful message of commitment and openness to "go where the client is at" As a result, our program impacts a child's life in the following areas; preventing further incarceration or out of home placement; promoting self-sufficiency; resolution of the primary presenting problem; development of specific strategies for maintaining progress; strengthening family and community relationships; promoting pro-social activities and associations; reducing dependence on governmental agencies. Localities Served: Cities of Chesapeake, Hampton, Newport News, Portsmouth, Suffolk and Virginia Beach; Isle of Wight County. Program Director: Name: Jodi Webb, LCSW Title: Director Address: 119-A Tilden Ave. Chesapeake, VA 23320 For Additional Information Contact Name: Jodi Webb or Judy Stuver Title: Director! Assistant Director Address: 119-A Tilden Ave Chesapeake, VA 23320 . Telephone: Fax: (757)548-4197 (757) 548-8989 Telephone: Fax: (757)548-4197 (757) 548-8989 Title: Regional Group Home Outpatient Services Target Population: Program Risk level: The majority of the males and females are between the ages of 13 - 17, and are referred to the program by court service unit personnel, social service personnel or the local FAPT teams. Older adolescents on parole are also accepted into the program since it is 294 approved. Each client has an individualized treatment plan, therefore clients with differing needs are able to be effectively treated. Clients do not have to be in school; day services are offered. Transportation is provided which helps reach out to those clients without resources. Group counseling is a speciality of this program. We offer enrichment groups and anger management groups for clients that have these needs. The clients are a moderate risk to the community. Yes, they are likely to reoffend without intervention. Many clients could end up in need of an out of the home placement. It is attempted to avoid an out of the home placement. We occasionally have CHINS or delinquent cases. The majority of our clients are intermediate offenders, and some clients are on parole. Major offenders are frequently referred to the anger management group. Program Sanction level: Program Type: Date Program Started: Estimated Daily Cost: The Regional Group Home Outpatient Services is non-residential treatment program, which otters assessment services by a CSAC or LCSW on staff, substance abuse services (including substance abuse assessments, education classes, group therapy, exposure to 12-step study groups, and urine drug screen testing), anger management services, and individual, family, and group counseling. Enrichment services are also offered in the area of life skills, culture, and athletics. 24-hour on call assistance is available. Case management services allow for the client to be followed in his school, family, and work setting. We offer parent groups, parent workshops and adult anger management groups. Transportation is offered to all groups. December 1995 $ 27.50 per hour. FAPT, 294 approved. Some localities are using V JCCCA funds to purchase our services. Staff: 1 Director, 2 full-time counselors, 6-10 hourly employees, 1 part time secretary, 1 transportation aide, and relief counselors or wrappers. Capacity & Duration: Our program is able to expand as the number of clients expand by adding services and increasing the counseling staff. We average 50-60 clients including those referred for group only. Expected stay is 5-6 months, in some cases longer. Purpose: The long-term goal of the Outpatient Services Program is to prevent an out of home placement, or reduce the length of stay if an out of home placement is needed. We want to improve the 'client's ability to make decisions, and exercise good judgment in terms of complying with parental and probation rules. We hope they are able to resolve conflicts more effectively and reduce the risks of violent, aggressive and impulsive behavior and their threat to community safety. Family relationships should improve. If the child has a substance abuse problem, he or she should develop a drug-free lifestyle and experience success in maintaining abstinence. Parents develop coping skills and the ability to solve problems and resolve conflicts How you do it: The specialized, individualized treatment plans are the essential component of program; each client has a specific treatment plan based on his/her own needs. An array of services are available which allows for an increase or decrease in intensity or frequency of treatment. A client may be seen as briefly as 1-2 hours per week or as much as 10-15 hours per week. Specialized programming includes anger management group (2 hours per week) or enrichment group (minimum of 16-20 hours per month). Unique or Special Aspects: This program was designed to offer the same comprehensive services available through the local residential programs, without having the child removed from their home. Treatment is specifically designed to meet the needs of the clients individualized treatment plan. Our enrichment (therapeutic recreation) program is unique; I know of no other such program in the area. The anger management program is also comprehensive and unique. Encouraging prospects: We impact the child in being able to make better decisions and improve their judgment and impulse control. They learn to stay drug free and solve problems with their peers and families. They learn how to resolve conflicts. Many clients who would have been removed from their homes are not removed. The clients with anger problems have been a threat to the safety of others. We have a huge donation account and an expanded use of community services which allow us to offer services otherwise unavailable. Localities Served: We serve the following cities in our jurisdiction: Virginia Beach, Chesapeake, Portsmouth, Suffolk, Isle of Wight, and Franklin. The non-jurisdiction cities served are Hampton and Newport News. Program Director: Name: Denise Rae Mullins, LCSW, CSAC Title: Director Address: 533 Newtown Road, Suite 113 Virginia Beach, Virginia 23462 For Additional Information Contact: Name: Crystal B. Pierce Title: Coordinator Address: 533 Newtown Road, Suite 113 Virginia Beach, Virginia 23454-4209 Telephone: (757) 519-9147 Fax: (757) 519-9147 E-Mail: N/A Telephone: (757) 519-9147 Fax: (757) 519-9147 E-Mail: N/A Title: Target Population: Program Sanction level: Program Type: Date Program Started: Estimated Daily Cost: Supervision Plan Services All children who are eligible for VJCCCA services. They must be before intake or the J & DR Court. CHINS / CHINSUP / delinquent Diversion / first-time offenders / nonviolent offenders Intermediate / more serious offenders Secure / violent offenders Aftercare / monitoring & treatment after release from a residential program Funds from this program will be used in one of three ways. Outlined below are examples of the types of purchases that will be included: a. To purchase services for eligible youth which were not anticipated when the plan was drafted. Examples of these services are placements at the Norfolk or Peninsula Marine Institutes, The Challenge Academy, Adventure Alternatives; or substance abuse evaluations by private providers (or the appropriate CSB), or Psychiatric evaluations which would not be covered by criminal funds. These placements and or services would always be initiated by the CSU and not TRGHC staff. b. To purchase services from one of the existing TRGHC programs at a level in excess of the amount listed in the plan. c. To purchase program support materials for existing plan or CSU programs. Examples of these types of purchases would be Street Law Manuals, Parent Effectiveness Workbooks, and or training video tapes. The programs being augmented by purchases in this category will not necessarily be listed in the plan. In that case, however, they will be established programs operated by the J&DR Court Services Unit. This is an ongoing service. It is not possible to establish an estimated cost for this program since it covers a number of different specific services. All funds expended in this category will be VJCCCA funds. Staff: Not Applicable. Capacity & Duration: Varies Purpose: The client population for the VJCCCA program is growing and changing very quickly. In order to respond effectively to unforeseen problems and! or opportunities the CSU must have a certain level of flexibility. Our experience over the past three years has convinced us that we most frequently need funds to pay for an unanticipated placement of one of our clients, to respond to a shift in referral patterns within existing programs, or to purchase supplies to enhance existing CSU or plan services. How you do it: Purchases of supplies and services in this category will be initiated by the CSU staff. A purchase order for the service will be issued and forwarded to us for payment. Unique or Special Aspects None Encouraging prospects: The development of our VJCCCA plans has been very much of a learning experience. One lesson learned is that when we try to allocate every plan dollar to a specific service, we rob ourselves of flexibility and created considerable extra paperwork. If we can set aside a reasonable portion of the plan dollars to plug unanticipated problems, the rest of the plan is more realistic and manageable! Localities Served: Chesapeake, Franklin, Portsmouth, Suffolk, Va. Beach, Isle of Wight County, Southampton County. Program Director: Name: John C. Matish Title: Executive Director Address: Tidewater Regional Group Home Commission 119 A Tilden Avenue Chesapeake, Va. 23320 Telephone: Fax: E-Mail: 757 -547 -9288 757 -548-8989 N/A Title: Target Population: Program Risk level: Program Sanction level: Program Type: Date Program Started: Diversion EAST Programs *School-Based Case Management Program (SBCM) *Early Intervention Programs (EIP Groups) SBCM serves both male and female adolescents (12 to 18 years old) in Chesapeake high schools and middle schools. The adolescent must be enrolled in the Chesapeake Public School System and be under the age of 18 years old at the time of admission to the program. Additionally, it is preferred that the adolescent have no prior involvement with the Department of Juvenile Justice (DJJ). Adolescents are identified at the their home school or via the Chesapeake Juvenile Intake Office. Program focus is the diversion of at-risk youth from involvement with the DJJ. Early Intervention Programs serve youths, adolescents and families collaboratively with the Virginia Beach CSU. Both males and females are served in a group format. One group is the Shoplifting Diversion Group (group #1 serves youths ages 13 to 17 years old; grou'p #2 serves youths ages 8 to 12 years old). A youth is unofficially referred to a group by the CSU for a first time offense of shoplifting/concealment. The other group, called Families Communicating Effectively Together (FACET Group) is for adolescents and their parents. Families must be referred by the Virginia Beach Intake Unit, Probation Officer or a Judge. The amount of risk these clients pose to public safety, security, and the community is low to moderate; however, without prevention measures and intervention these youths are more likely to become involved in the Juvenile Justice System either with their first offense or with further offenses. CHINS / CHINSUP I delinquent Diversion / first-time offenders / nonviolent offenders School-Based Case Management Program is a non-residential, diversion program with its focus on family and academic assessment with linkage of the family and/or youth to community resources (Le. mentoring programs, therapists, Department of Social Services, CSB, substance abuse programs, etc.). Early Intervention Programs are non-residential diversion and first offender groups. The groups are counseling/educational in nature. School-Based Case Management Program - May 27, 1997 Early Intervention Programs - June 2, 1997 Estimated Daily Cost: Staff: Capacity & Duration: Purpose: How you do it: Diversion EAST Programs receives all of its funding via VJCCCA monies. Total cost for the SBCM Program and EIP Programs is not based on child care days; instead a fixed budget was determined for operating the Program. Diversion EAST Programs has one full-time Director with 5 full- time case managers for the SBCM Program and one full-time Early Intervention SpecialisUCoordinator and 3 part-time group facilitators. Additionally, there is one full-time support/secretarial person. SBCM can serve a maximum of 100 students at any given time. Case Managers carry a case load of approximately 20 students/families ongoing. Adolescents are in the program for approximately 4 months or longer depending on the needs of the adolescent or family. EIP - Shoplifting Diversion Group is comprised of a 2 hour group that adolescents ~ttend one time only. Families Communicating Effectively Together is a 3 hour group that runs for 8 consecutive weeks. Families have the option of repeating the group. The SBCM goal is to divert youth from the DJJ by assessing and identifying the needs of the studenUfamily and linking families with the necessary services or resources to stabilize any existing problems or crisis. It is further desired that once families have services in place that there will be a significant increase in academic performance and school attendance. The EIP Shoplifting Diversion Group has been established with the ideE! that first time offenders will be less likely to reoffend if they are educated on the legal and personal ramifications of shoplifting. Additionally, alternatives to delinquent behavior and problem solving skills are taught. The EIP Families Communicating Effectively Together Group has been established to assist parents with communicate more effectively, and to set healthier boundaries, consequences and rewards with their adolescents. Both programs work from a systemic focus and strengths perspective. All referrals must have final approval from the locality's CSU. The School-Based Case Management Program houses a Case Manager in each of the Chesapeake High Schools. The Case Manager works with the student to assess strengths, identify needs, and to assist with defining solutions. A service plan is developed, along with the family and student, for connection to appropriate community-based services. Additionally, the School- Based Case Manager will work closely with the school to monitor the student's attendance, behavior and academic performance. The Case Manager will work with the student for approximately four months or until all services are in place. Completion from the program follows a consultation with the student, the family, the school, and any referring agency. The EIP has a Intervention Coordinator that is housed at the Virginia Beach Juvenile CSU and implements the referral process at that location. Both the Shoplifting Diversion group and the Families Communicating Effectively Together group are held at the CSU. Facilitators are employed by Diversion EAST to deliver services for the groups. The CSU offers a component for the parents while the juvenile is attending the Shoplifting Diversion group. Unique or Special Aspects: One unique aspect of all of the Diversion EAST Programs is the fact that services are offered primarily in a host setting, Le. Case Managers are in th,e host setting provided by the School System and the Prevention Coordinator is housed at the CSU while offering groups at that location. Collaborative efforts among the agencies involved has been extremely important and helpful in the success of the programs. Additionally, families have been able to link up to resources in a more timely manner and have been introduced to resources that they may not have pursued otherwise. Encouraging prospects: Due to the newness of the Programs, evaluations have not been completed to date. However, it is evident that over 50% of the students involved with the SBCM Program have demonstrated improvement in various areas of academics/behaviors. Le. students have less In-School Suspensions, less Out-of-School Suspensions, have increased daily attendance over last year during the same time period, have improved in grades and classroom behavior. Attendees of the Shoplifting Diversion Program have demonstrated an increase in knowledge (pre/post test results) regarding comprehension of the law and consequences of unlawful actions. Participant evaluations, of attendees for the FACET group, reveal that the parents are gaining new knowledge regarding parenting skills. Localities Served: Chesapeake (SBCM); Virginia Beach (EIP) Program Director: Name: Nancy B. Nolin, MSW Title: Director Address: 119-C Tilden Ave. Chesapeake, VA 23320 For Additional Information Contact: Name: Nancy Nolin / Linda Filippi Title: Director / Deputy Director Telephone: (757) 548-8503 Fax: (757) 548-8989 E-Mail: nfa Address: 119-C Tilden Ave. Chesapeake, VA 23320 Telephone: (757) 548-8503 Fax: (757) 548-8989 E-Mail: n/a Title: Target Population: Program Sanction Level: Program Type: Date Program Started: Estimated Daily Cost: Staff: Capacity & Duration: Purpose: Pendleton Child Service Center Referral Program The majority of the males and females are between the ages of 5 and 12, and are referred to the program by the Court Service Unit. Referrals are screened by the CSU Intake for probable cause and are referred to Pendleton as an alternative to filing charges. Types of offenses may include CHINS, shoplifting, petit larceny, simple assaults, and family related criminal charges. These clients are generally low risk to public safety but without intervention these clients often continue in a path of more serious offenses. Intake officers as part of their intake assessment are able to determine from parents and the child that the child has a history of problems within his own home, within his school, and within the community. The cases generally consist of CHINS and delinquent cases and are generally first time offenders and are usually non-violent. Pendleton Child Service Center has a residential and non- residential treatment program. Clients are referred by the Court Service Unit for assessment and determination of range of services. If clients are accepted by Pendleton, they are placed in a residential program that operates Sunday nights through Friday. They receive services on site, which includes schooling, individual and group counseling as well as family counseling. They also receive counseling in the areas of anger management and conflict resolution. Referrals placed in the non-residential program are given the basic same services but go home each night. Generally those children are not considered a good candidate for the residential program for a variety of reasons, some of which might be that the child functions well at home but is experiencing problems at school and in the community, etc. The program has been in operation since the early 1970's and the Court Service Unit has been making referrals for several years. Pendleton Child Service Center is one of few programs that specializes in services to younger children. Pendleton charges the Court Service Unit $125 per diem for referrals accepted into the residential program and $80 per day for those accepted into the non-residential program. Pendleton has 26 full and/or part time positions. Positions consist of a Director, Mental Health Clinicians, Clinical Supervisors, Child Care Workers, Certified Teachers, Cooks and Clerical Support. Maximum capacity is 24 residential, 6 non-residential and approx. 150 outpatient clients. The average length of stay in the residential and non -residential program is 12-15 weeks. Outpatient services can be offered for a year or more. The goal of the CSU in making referrals to the Pendleton Child Service Center is to identify "at risk8 youth and offer treatment to reduce further involvement in the Juvenile Justice System. Through whatever treatment methods used by Pendleton staff, it seems to have a positive affect on helping bring about change. Court Unit Staff feels that the earlier we are able to intervene the easier it is to bring about change. How you do it: Attached is a brochure about Pendleton Child Service Center. It is their goal to bring about a change in the child's behavior through different treatment programs, behavior modification, etc. They strive to also teach the child that he\she is responsible for their own behavior,etc. Unique or Special This program is unique because it is the only program that specializes in treating very young offenders. Pendleton continues through the years to have a good success rate. We do not have any statistics showing the success rate, but the Court Service Unit staff feels that we see few cases back before the court when they have successfully completed the program at Pendleton. Encouraging prospects: The success rate is good. We are able to have an impact on the child by having him held accountable for his behavior. While doing that he\she learns how to handle his own anger and take control ,of his behavior. Learning these techniques, along with family counseling brings about a change in how the child functions at home, at school, and in the community. If these changes are not made, the child will continue in the juvenile justice system. Localities Served: The Court Service Unit makes refefTals to Pendleton who are are residents of the City of Virginia Beach. However, Pendleton does serve the Cities of VIrginia Beach and Chesapeake. Pendleton Child Service Center Program Director. Name: Dr. Susan Dye Address: 2473 North Landing Rd. Municipal Center Virginia Beach, VA 23456 VA Beach Court Service Unit Director. Bruce E. Bright Address: Municipal Center Virginia Beach, VA 23456 Telephone:(757)427 -4361 FAX:(757)563-1339 Telephone: 757-427-4537 Title: Target Population: CHINS Unit The CHINS program will serve both adolescent males and females Who are generally between the ages of 12 and 18. These juveniles are usually first time offenders who are Involved In child- parent conflicts, truancy, curfew, stealing from parents, unauthorized use of the parents car, and behavior that is unacceptable at home, school. and in the community but is not generally considered a major threat to public safety. The adolescent who has failed to respond to previous therapeutic interventions Program Sanction Level: The CHINS program will focus on the non-criminal juvenile who is experiencing behavioral problems at home, school, and/or èommunity.This program will deal with criminal behavior only as it relates to the family. Program Type: Date Program Started: Estimated Dally Coat: 2:0 3Ð~d The CHINS program will be an extension of juvenile intake. The focus is to screen' all CHINS cases referred to intake. An assessment will be made and a joint decision will be made between family and CSU staff regarding level of services needed, Referrals to private and public agencies will be made. Unofficial supervision may be rècommended. Referrals to Juvenile Court will be the last option agreed upon. If cases are referred to Court, the CHINS worker will continue working with the case. If probation is ordered the CHINS worKer will supervise the case and report back to Court regarding progress. While under supervision workers will also be able to make referrals to other private and public agencies as needed, Cases will also be referred to FACT when appropriate. All services afforded regular probation cases will be available to the CHINS probation cases as well. This program will begin as soon as the Virginia Juvenile Community Crime Control Act Plan is approved by the Department of Juvenile Justice. The cost of this program will be the cost of personnel to staff the unît as well as the expenses that support the program, including office supplies, office rent, etc. Based on our preliminary caseload estimates, the average daily cost for one unit of care will be $16.73. :)HÐm 8Þ:TT 855T/gTIL~ 58588þgLgL Staff: Capacity & Duration: Purpo8e: How you do it: Œ 39\1d The CHINS program will consist of one probation supervisor, one clerical support staff, and six juvenile probation officers. Two of those six probation officers are already a part of the Virginia Beach Court Service Unit staff. They currently are handling only CHINS cases but cannot handle the volume from intake along with the volume of oases referred by the Judges of our juvenile courts, The six new positions will be funded through VJCCCA. . The CHINS program will handle all of the CHINS referrals ordered by the Juvenile Court Judges. The unit will also handle all the CHINS cases that come through juvenile intake. This unit will work wÎth the Virginia Beach School system to act as liaisons for truancy issues. Four Virginia Beach schools with the worst truancy problems will be selected for a pilot project. The CSU and the school administration are currently working on a program for these schools. Start up time for this phase of the program will begin when school opens in the fall. The goal of this program will be to significantly cut the truancy rate at those schools. For FY 97-98, the virginia Beach Court Service Unit processed over 1200 CHINS cases through juvenile Intake. Our goal is to do quick assessments and crisis counseling when needed and to refer the majority of these clients to other community services. Those cases with more severe problems will probably be placed on supervised probation for whatever period of time it takes to resolve the issues at hand. The goal of this program is to prevent the CHINS referrals from becoming criminal cases. It is our experience that "hard core" CHINS cases often become involved in criminal behavior unless a significant change is not made quickly. LIkewise, if truancy continues, it is our experience it will otten lead to criminal behavior as well. Another goal is to stabilize the family which will help prevent the need to remove the juvenile from his/her home. Our detention and shelter care facilities are budging at the seams. We want to keep these CHINS cases from mixing with our criminal caseS who are detained or in shelter care. Quick assessments will be made and appropriate service plans will be put in place. Clear directives will be given to all parties about what each person is to do within a certain time frame. Referrals to other seNlces will be put in place as needed. Our use of "in home services" has proven very beneficial in working with CHINS cases With these cases it is just as important to work with parents/guardians as with the juvenile. Poor parenting skills are often pre$ent with CHINS cases and changes need to be Immediately. ~H~;>jl hQhRQt>GIGI Rt>:TT QhhT/CT/ln Unique or Special Most Court Service Units do not offer a specialized unit to work with CHINS cases. For over two years we have had two people exclusively dedicated to working with CHINS. These cases are often more demanding than criminal cases and require a lot of immediate crisis counseling. Being available to help parents resolve issues with their teenagers is needed as well as helping empower parents with their parental responsibility. By the time many of these CHINS cases get to us, parents feel out of control and are ready to give up on their teenager. Encouraging prospects: If we can break the chain of the reactive, angry and hostile teenager, we feel the juvenile has more than a fair chance of staying out of the juvenile and adult criminal justice systems. Learning appropriate ways to handle the many issues and pressures of growing up is very overwhelming for many teenagers, especially when they do not have a stable care taker to turn to. Helping at the very beginning of this road to self destruction often brings about change that will make these teenagers an asset to society. Parents who are empowered are better able to provide structure and supervision In the home. Localities Served: The program will serve juveniles and their families who are residents of the City of Virginia Beach. Program Director: Name: Bruce E. Bright Title: Director, Court Service Unit Address: Municipal Center Virginia Beach, VA 23456 For Additional Information Name: Same Title: Address: Telephone: Fax: E.Mail: (757)427-4361 (757)663-1339 Telephone: Fax: E-Mail: Viii l!=)tld ~HI:);"¡I hQhQQt>C:ICI Qt>:TT R~hT/c:T/I~ Title: Project LAUNCH of the Diversion EAST Programs Target Population: Serves both male and female adolescents between the ages of 16 and 20 who are under the supervision of the Virginia Beach Juvenile and Domestic Relations Court. Participants must be an .active probation/parole case. Priority consideration for this program will be given to adolescents who owe Court- ordered restitution, adolescents who are not enrolled in school, and adolescents attending school, but who are seeking employment. Adolescents who have been charged as sex offenders, arsonists, and/or firearm charges will be considered on a case-by-case basis. Program Risk level: Active parole/probation Program Type: Project LAUNCH is a non-residential program that teaches adolescents employment skills and assists them in obtaining employment. Date Program Started: January 13, 1998 Estimated Daily Cost: Project LAUNCH receives all of its funding via VJCCCA monies. Total cost for Project launch is not based on child care days; instead a fixed budged was determined for operating the Program. Staff: Project LAUNCH has a full time Director and one full time Coordinator. Two part -time case workers will be added to Project LAUNCH at a later time. Capacity and Duration: Project LAUNCH has an initial four hour pre- employment seminar for up to 15 adolescents. A follow up workshop is held within the first month after the pre-employment seminar or one-on-one skill development sessions. Purpose: Project LAUNCH teaches adolescents employment skills and assists them in obtaining employment. It also develops employment sites for adolescents while establishing a network of community leaders, How you do it: Unique and Special Aspects: Encouraging Prospects: Localities Served: Program Director: Name: Nancy B. Nolin, MSW Title: Director Address: 119-C Tilden Ave. Chesapeake, VA 23320 Telephone: (757) 548-8503 Fax: (757) 548-8989 E-Mail: nla businesses, and other agencies in support of adolescents becoming a part of the workforce. Project LAUNCH also recruits, trains and supervises program volunteers to serve as mentors. Adolescents are referred to the program through their probation/parole officers. They are carefully screened prior to participation in the mandatory six hour pre-employment seminar conducted by the Project LAUNCH Coordinator. After the required seminar and workshop, Project LAUNCH refers adolescents to prospective employers and connects them with volunteer mentors who provide individual support, guidance and positive role modeling. The Project LAUNCH Coordinator serves as a liaison between potential employers and adolescents. The coordinator also monitors cooperation and participation. Project LAUNCH serves both the adolescent and the employer by giving basic skills training to the adolescents and a continuing supervision of employees by the employers. Participants in the Project LAUNCH have demonstrated an increase in their knowledge regarding comprehension of the law as it relates to employment. They have also learned the application process and other various techniques used in searching employment; an improvement in their communication skills is also evident. They have learned how to make positive choices and mature life decisions. Virginia Beach, Virginia For Additional Information Contact: Name: Nancy Nolin I Linda Filippi Title: Director I Deputy Director Address: 119-C Tilden Ave. Chesapeake, VA 23320 Telephone: (757) 548-8503 , Fax: (757) 548-8989 E-Mail: nla - 26- Item VI-H.2. RESOLUTIONS ITEM # 43879 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution (FIFTH SUPPLEMENT) to AMEND the Resolution adopted February 11, 1992, entitled, "Master Water and Sewer Revenue Bond Resolution providing for the issuance from time to time of one or more series of water and sewer revenue bonds of the City of Virginia Beach, " as previously supplemented and amended, to provide for the ISSUANCE and SALE of $6,200,000 taxable revenue bonds, Series of 1998, and providing for the form, details and payment thereof and the financing of the cost of improvements to the City's water and sanitary sewer facilities Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 FIFTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF A TAXABLE WATER AND SEWER SYSTEM REVENUE BOND, SERIES OF 1998, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), adopted a resolution on February 11, 1992, providing for the issuance from time to time of water and sewer revenue bonds to finance the cost of improvements and extensions to its water and sanitary sewer system; WHEREAS, the Council desires to issue pursuant to the foregoing resolution $910,000 of the $8,940,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on December 4, 1989, and $5,290,000 ofthe $13,770,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on November 11, 1991, and to sell such bonds as a single issue in a collective amount equal to $6,200,000; and WHEREAS, the City has applied to the Virginia Water Facilities Revolving Fund (the "Fund"), which is administered by Virginia Resources Authority ("VRA"), for the purchase of the City's water and sewer system revenue bonds, and the Fund, acting by and through VRA, has agreed to purchase such bonds pursuant to the terms of a Commitment Letter dated March 10, 1998, and in accordance with the terms of a Financing Agreement dated as of August 1, 1998, between the Fund and the City (the "Financing Agreement"), the form of which has been presented to this meeting. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ARTICLE I FIFTH SUPPLEMENTAL RESOLUTION Section 5.101. Fifth Supplemental Resolution. This Fifth Supplemental Resolution is adopted pursuant to and in accordance with Section 1l01(g) of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to the Series of 1998 Bond (as hereinafter defined) and to the holders thereof, except as otherwise provided herein. Section 5.102. Meaning of Terms; Definitions. Except as otherwise defined herein, terms defined in the Master Resolution are used in this Fifth Supplemental Resolution with the meanings assigned to them in the Master Resolution. In addition to other terms defined elsewhere herein, the following terms shall have the following meanings in this Fifth Supplemental Resolution. "1998 Project" shall mean the acquisitions, improvements, extensions, additions and replacements to the System as described in Article II. "Fifth Supplemental Resolution" shall mean this Fifth Supplemental Resolution which supplements the Master Resolution. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 "Master Resolution" shall mean the resolution adopted by the Council on February 11, 1992, establishing a program for financing improvements and extensions to the System. "Registrar"shall mean the City Treasurer acting as paying agent and bond registrar for the Series of 1998 Bond. "Series of 1998 Bond" shall mean the Taxable Water and Sewer System Revenue Bond, Series of 1998, in the amount of $6,200,000 to be issued in accordance with the provisions of Article III. Section 5.103. Reference to Articles and Sections. Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections ofthis Fifth Supplemental Resolution. ARTICLE II 1998 PROJECT Section 5.201. Authorization of 1998 Project. The Council has authorized the acquisitions, improvements, extensions, additions and replacements to the System described on Appendix A, which are part of the approved capital improvement program ofthe City. ARTICLE III ISSUANCE AND SALE OF SERIES OF 1998 BOND Section 5.301. Issuance and Sale of Series of 1998 Bond. The City hereby provides for the issuance of water and sewer system revenue bonds in the principal amount of $6,200,000, consisting of $910,000 ofthe $8,940,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on December 4, 1989, and $5,290,000 ofthe $13,770,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on November 11, 1991, which such bonds shall be issued and sold to the Fund. The proceeds thereof shall be used to pay the Cost of the 1998 Proj ect. All such bonds shall constitute Bonds, as defined in the Master Resolution. Section 5.302. Authorization of Financing Agreement. The form of the Financing Agreement is approved. The City Manager is authorized to execute the Financing Agreement in substantially such form, with such completions, omissions, insertions and changes not inconsistent with this Fifth Supplemental Resolution as may be approved by the City Manager, whose approval shall be evidenced conclusively by the execution and delivery thereof The issuance and sale of the Series of 1998 Bond to the Fund shall be upon the terms and conditions of the Master Resolution, this Fifth Supplemental Resolution and the Financing Agreement. 2 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Section 5.303. Details of Series of 1998 Bond. The Series of 1998 Bond shall be issued as a single, registered bond and shall be designated "Taxable Water and Sewer System Revenue Bond, Series of 1998." The Series of 1998 Bond shall be dated the date of its delivery to the Fund and shall provide for the Fund to make principal advances from time to time in an aggregate amount not to exceed $6,200,000 and to note such advances on the Series of 1998 Bond as moneys are advanced by the Fund thereunder. An authorized representative of the Fund shall enter the amount and the date of each such principal advance on the Certificate of Principal Advances on the Series of 1998 Bond when the proceeds of each such advance are delivered to the City. Except as otherwise provided herein, the Series of 1998 Bond shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolution and the Financing Agreement. Section 5.304. Registrar. The selection of the City Treasurer as paying agent and bond registrar for the Series of 1998 Bond is approved. Section 5.305. Form of Series of 1998 Bond. The Series of 1998 Bond shall be in substantially the following form, with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution: Interest on this bond is included in the gross income of the registered owner hereoffor Federal income tax purposes. R-l , 1998] UNITED STATES OF AMERICA COMMONWEAL TH OF VIRGINIA CITY OF VIRGINIA BEACH Taxable Water and Sewer System Revenue Bond Series of 1998 The City of Virginia Beach, Virginia (the "City"), a political subdivision of the Commonwealth of Virginia, for value received, acknowledges itself in debt and promises to pay to the Virginia Water Facilities Revolving Fund (the "Fund"), or its registered assigns or legal representative, the principal sum equal to the sum of the principal advances shown on the Certificate of Principal Advances below, but not to exceed SIX MILLION TWO HUNDRED THOUSAND DOLLARS ($6,200,000), together with interest on the unpaid principal from the date of each advance made and noted on the Certificate of Principal Advances at the rate of 4.30% per year, calculated on the basis of a 360-day year of twelve 30-day months. Interest only is due on December 1, 1999. Thereafter, equal installments of combined principal and interest of $236,438.89 are payable on each June 1 and December 1, beginning June 1, 2000, with a final installment of $236,438.66 due on June 1,2019. Each installment shan be applied first to the payment of interest accrued and unpaid to the payment date and then to principal. Ifthe aggregate amount of principal 3 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 advances is less than $6,200,000, then the installments due on the Bond shall be reduced to the extent thereof as provided in the Financing Agreement. If not sooner paid, all amounts due under this bond shall be due and payable on June 1,2019. All amounts due hereunder are payable in lawful money of the United States. Payments shall be made by check or draft mailed to the registered owner at its address as it appears on the registration books kept for that purpose by the City Treasurer who has been appointed paying agent and registrar (the "Registrar"), on the [15th] day ofthe month preceding the payment date, except that the final payment is payable upon presentation and surrender of this bond at the office of the Registrar. No notation is required to be made on this bond of any payment or prepayment of principal. THEREFORE, THE FACE AMOUNT OF THIS BOND MAY EXCEED THE PRINCIPAL SUM REMAINING OUTSTANDING AND DUE HEREUNDER. This bond has been authorized by ordinances adopted by the Council of the City on December 4, 1989, and November 11, 1991 (collectively, the "Ordinance"), and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, a resolution adopted by the Council on February 11, 1992, as supplemented and amended by resolutions adopted February 11, 1992, December 7, 1993, November 8, 1994, January 7, 1997, and August 4, 1998, (collectively with the Ordinance, the "Resolution"), and a financing agreement dated as of August 1, 1998, between the City and the Fund, acting by and through the Virginia Resources Authority (the "Financing Agreement"), to finance, in part, improvements to the City's water and sanitary sewer system (the "System"), including the construction of a vacuum sewer and a pumping station in the Sandbridge area ofthe City. The City's obligations under this bond shall terminate when all amounts due and to become due pursuant to this bond and the Financing Agreement have been paid in full. All terms not otherwise defined herein shall have the meanings assigned to them in the Resolution. This bond and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. This Bond and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein, the Resolution or in the Financing Agreement shall be deemed to create or constitute a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision ofthe Commonwealth, including the City. The City has covenanted and agreed to fix, charge and collect rates, fees and other charges for the use of and for services furnished or to be furnished by the System, and will from time to time and as often as appears necessary, revise such rates, fees and other charges so as to meet the following two independent requirements: (a) Revenues will be sufficient in each Fiscal Year to equal the sum of (1) the Operating Expenses shown in the Annual Budget for such Fiscal Year, and (2) (A) 115% of the sum of Maximum Annual Debt Service and Maximum Annual Prior Parity Bond Debt Service, and (B) 100% of the Maximum Annual Additional Parity Debt Service; and (b) Revenues shall be sufficient in each Fiscal Year to equal the sum of (1) the Operating Expenses shown in the Annual Budget for such Fiscal Year, (2) the amount, if any, required to be paid into the Renewal and Replacement Fund in such Fiscal Year, (3) the amount required to be paid into the Revenue Bond Fund in such Fiscal Year, (4) the amount required to be paid into the Parity Double Barrel Bond Fund in such Fiscal Year, (5) the amount required to be paid into the Parity Debt Service Component Fund in such Fiscal Year, (6) the amount required to be paid into the Subordinate Debt Fund in such Fiscal Year, (7) the principal of and premium, if any, and interest on all other indebtedness of the City attributable to the System that becomes due in such Fiscal Year, (8) the amount transferred to the Capital Improvement Account for the immediately preceding Fiscal Year or such other amount 4 1- 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 as may be determined by the City's Director of Public Utilities to be appropriated for the System, and (9) any amount necessary to be paid into the Debt Service Reserve Fund to restore the amount on deposit therein to the amount of the Debt Service Reserve Requirement. This bond is issued under and is equally and ratably secured on a parity as to the pledge of Revenues with the unpaid balance of the City's $5,100,000 Water and Sewer Revenue Notes, 1977 (P.A. Corp.), $2,000,000 Drought Relief Revenue Bond, 1978, $2,200,000 Water and Sewer Revenue Notes, 1982 (County Utilities), $1,800,000 Water and Sewer Revenue Notes, 1982 (Kempsville Utilities), $19,975,000 Water and Sewer System Revenue Bonds, Series of 1992, $46,440,000 Water and Sewer System Revenue and Refunding Bonds, Series of 1993, $1,405,031.36 Taxable Water and Sewer System Revenue Bond, Series of 1994, and $7,500,000 Taxable Water and Sewer System Revenue Bond, Series of 1997, to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent ofthe security, the rights, duties and obligations ofthe City, the rights of the holders of this bond and the terms upon which the bond is issued and secured. Additional bonds ranking equally with this bond as to the pledge of Revenues may be issued on the terms provided in the Resolution and the Financing Agreement. This bond is subject to prepayment to the extent and under terms set forth in the Financing Agreement. This bond is issued as a registered bond and may be transferred only in accordance with the provisions with respect thereto as provided in the Resolution and the Financing Agreement. This bond may be exchanged without cost at the office of the Registrar for bonds in printed form in denominations of $5,000 and multiples thereof (except that one bond for each payment date may be issued in an odd denomination of not less than $5,000) in an aggregate principal amount equal to the unpaid principal of this bond. If an Event of Default, as defined in the Resolution, occurs and is continuing, the principal ofthis bond may be declared immediately due and payable by the registered owner by written notice to the City. Notwithstanding anything in this bond to the contrary, in addition to the payments of debt service provided for by this bond, the City shall also pay such additional amounts, if any, which may be necessary to provide for payment in full of all amounts due under the Financing Agreement, including late payment charges equal to 5.0% of any payment received by the registered owner of this bond more than 10 days from its due date, but only from legally available funds. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance ofthis bond have happened, exist and have been performed. This bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto and this bond to be dated ,1998. 5 211 212 213 214 215 216 217 218 219 220 COUNTERSIGNED: (SEAL) Date Authenticated: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Resolution. City Treasurer, Registrar By Authorized Signature 6 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 CERTIFICATE OF PRINCIPAL ADVANCES The amount and date of principal advances not to exceed the face amount hereof shall be entered hereon by an authorized representative of the Fund when the proceeds of each such principal advance are delivered to the City. Amount Date Authorized Sil:nature $ $ $ $ $ $ $ $ $ $ $ $ 7 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 Section 5.306. Security for Series of 1998 Bond. The Series of 1998 Bond shall be issued pursuant to the Master Resolution, this Fifth Supplemental Resolution and the Financing Agreement and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity Debt Service Components that may be incurred, without preference, priority or distinction of any obligations over any other obligations; provided, however, the Debt Service Reserve Fund will secure only the Bonds. Section 5.307. Application of Proceeds. The proceeds ofthe Series of 1998 Bond shall be applied as follows: (a) The amount of Series of1998 Bond proceeds, ifany, as is necessary, together with amounts already on deposit in the Debt Service Reserve Fund, to equal the Debt Service Reserve Requirement after the issuance of the Series of 1998 Bond shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund. (b) The balance ofthe proceeds shall be deposited as and when received from the Fund to a General Account in the Construction Fund to be used to pay the Cost of the 1998 Project and to pay expenses incident to issuing the Series of 1998 Bond. Section 5.308. Payment Provisions. The Series of 1998 Bond shall bear interest on the unpaid principal from the date of each principal advance as recorded on the Series of 1998 Bond at a rate of 4.30% per year, calculated on the basis of a 360-day year of twelve 30-day months. Accrued interest on all amounts advanced shall be due and payable on December 1, 1999. Thereafter equal installments of combined principal and interest of $236,438.89 shall be due and payable on each June 1 and December 1, beginning June 1,2000, with a final installment of$236,438.66 due and payable no later than June 1,2019. The Council authorizes the City Manager to determine the amounts of such combined principal and interest installment payments; provided, however, that the aggregate principal component of such installment payments shall not exceed $6,200,000. Each installment shall be applied first to payment of interest accrued and unpaid to the payment date and then to principal. If the aggregate amount of principal advances on the Series of 1998 Bond shall be less than the denomination ofthe Series of 1998 Bond, the principal amount due shall be reduced to the extent thereof, as provided in the Financing Agreement. The Series of 1998 Bond shall be payable solely from Revenues and nothing in the Financing Agreement, the Series of 1998 Bond or this Fifth Supplemental Resolution shall be deemed to create or constitute a pledge ofthe faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision ofthe Commonwealth, including the City. In addition, the City shall pay a late payment charge as provided in the Financing Agreement if any payment is not received within 10 days of its due date, but only from legally available funds. All payments due on the Series of 1998 Bond shall be payable as provided in the Financing Agreement in lawful money ofthe United States of America. Payments shall be made by check or draft mailed to the registered owner at its address as it appears on the registration books kept for that purpose by the Registrar, on the [15th] day of the month preceding the payment date, except that the final payment is payable upon presentation and surrender of the Series of 1998 Bond at the office ofthe Registrar. The City intends that amounts constituting interest on the Series of 1998 Bond will be included in the gross income of the holder thereof for F~deral income tax purposes. 8 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 ARTICLE IV REDEMPTION OF SERIES OF 1998 BOND Section 5.401. Redemption Provisions. The Series of 1998 Bond shall be subject to prepayment as set forth in Section 7.1 of the Financing Agreement. ARTICLE V AMENDMENTS TO MASTER RESOLUTION Section 5.501. Amendment to Section 603. Section 603(b) ofthe Master Resolution shall be amended and restated to read as follows: (b) City of Virginia Beach Water and Sewer System Revenue Bond Fund, in which there are established a Prior Parity Bond Account, an Interest Account, a Principal Account, a 1994 RLF Debt Service Account, a 1997 RLF Debt Service Account and a 1998 RLF Debt Service Account; Section 5.502. Amendment to Section 604. Section 604(a) ofthe Master Resolution shall be amended to insert after subsection (5) the following as subsection (6): (6) then, to the 1998 RLF Debt Service Account in the Revenue Fund, such amount, if any, as may be required to make the total amount on deposit therein equal to one-sixth of the finance payment multiplied by the sum of one plus the number of complete months since the last finance payment due on the Series of 1998 Bond in the next succeeding six months, as such finance payment is required by Section 6.1 of the Financing Agreement between the City and the Virginia Water Facilities Revolving Fund dated as of August 1, 1998; Section 5.503. Amendment to Section 605. The second sentence of the first paragraph of Section 605 shall be amended and restated to read as follows: "The Fiscal Agent shall pay when due the principal of and interest on the Bonds from the Principal Account and the Interest Account, respectively, except that the principal of and interest on the Series of 1994 Bond shall be paid solely from the 1994 RLF Debt Service Account, the principal of and interest on the Series of 1997 Bond shall be paid solely from the 1997 RLF Debt Service Account and the principal of and interest on the Series 1998 Bond shall be paid solely from the 1998 RLF Debt Service Account." The fourth paragraph of Section 605 shall be amended and restated to read as follows: "In the event the balance in the Principal Account, the Interest Account, the 1994 RLF Debt Service Account, the 1997 RLF Debt Service Account or the 1998 9 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 RLF Debt Service Account within the Revenue Bond Fund is insufficient for the purposes thereof, the City shall transfer to the Fiscal Agent for deposit in such Accounts such amounts as may be necessary therefor from available moneys in the Revenue Account pursuant to Section 604, and then from the Residual Account pursuant to Section 612, and then from the Renewal and Replacement Account pursuant to Section 610. In the event the balance in any such Account is still insufficient for the purposes thereof, the Fiscal Agent shall transfer such amount as may be necessary therefor from the Debt Service Reserve Fund pursuant to Section 608." ARTICLE VI MISCELLANEOUS Section 5.601. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Fifth Supplemental Resolution is intended or shall be construed to give any person other than the parties hereto and the holders of the Series of 1998 Bond any legal or equitable right, remedy or claim under or in respect to this Fifth Supplemental Resolution or any covenant, condition or agreement herein contained, this Fifth Supplemental Resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the holders ofthe Series of 1998 Bond as herein provided. Section 5.602. Severability. If any provision of this Fifth Supplemental Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 5.603. Effective Date. This Fifth Supplemental Resolution shall take effect immediately. 4 Adopted by the City Council of the City of Virginia Beach, Virginia, on this - day of August, 1998. APPROVED AS TO CONTENTS: APPROVED AS TO CONTENTS: fÀ;&à, ().~ Finance ~ APPROVED AS TO LEGAL SUFFICIENCY ~J 5;;ø,~ ¡¿ City Attorney I 10 r 11 APPENDIX A Description of the 1998 Project City of Virginia Beach, Virginia Taxable Water and Sewer System Revenue Bond Series of 1998 The 1998 Project consists of various acquisitions, improvements, extensions, additions and replacements to the System in order to finance the construction of a vacuum sewer, a pumping station and related Project costs in the Sandbridge area ofthe City. JUL 28 '98 12:37 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108S00008Þ1 P.03 fUUOl1.l CB Draft: 03/9/98 FINANCING AGREEMENT BETWEEN VIRGINIA WATER FACILITIES REVOLVING FUND AND CITY OF VIRGINIA BEACH, VIRGINIA Virginia Resources Authority Virginia Revolving Loan Fund Loan No. C-S15205 (Sandbridge Interceptor II) JUL 28 '98 12:37 FR CHRISTIAN&BARTON Section] . 1 . Section 1.2. Section 2.1. Section 3.1. Section 3.2. Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. Section 5.1. Section 5.2. 804 697 4112 TO 30249108500008~1 P.04 T F CONTENTS Page ARTICLE I PE~TIQ~"§ Definitions .. ..... ............................... "" """"""""""".................. ..... ....... ........,.. 1 Rules of Construction; References to Master Bond Resolution """'.................... 3 ARTICLE n REPRESENTATIONS Representations by Borrower ""'...........,.............................................""""""'" 4 ARTICLE m ISSUANCE A~RY OF T~ LOCAL BOND Loan to Borrower and Purchase of the Local Bond 5 Conditions Precedent to Purchase of the Local Bond':::::::::::::::::::::::::::::::::::::::::: 5 SE OF LOCAL BOND ARTICLE IV DS AND CONSTRUCTIO Application of Proceeds ""'................................................................................ 7 Agreement to Accomplish Project """"""""""""""'......................................... 8 Permits 8 Constructiöiï'ëönträêïörš""""""""""""""""""""""""""""'.................., ........ 9 Engineering Services .......::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 9 Borrower Required to Çomplete Project................ ..... ""'" ................................ 9 PL ARTICLE V REVENUES AND RATES Pledge of Revenues .......................... ..... """"""" ................. .... ... ............ ....... .... 9 Annual Budget """"""........................ ................ ........ ........ """ ........ ..... ... ........ 10 - 1 - JUL 28 '98 12:38 FR CHRISTIAN&BARTON Section 6.1. Section 6.2. Section 7.1. Section 8.1. Section 8.2. Section 8.3. Section 8.4. Section 8.5. Section 8.6. Section 8.7. Section 8.8. Section 8.9. Section S.IO. Section 8. 11. Section 8.12. Section 9.1. Section 9.2. Section 9.3. Section 9.4. Section 9.5. 804 697 4112 TO 30249108500008~1 P.05 Page ARTICLE VI PAYMENTS Payment of Local Bond ..................................................................................... 10 Payment of Additional Payments .......................... ................................ ........ ..... 1 I ARTICLE VII lMJ' A YMENTS Prepayment of Local Bond ...................... ..... ..... ..... ""'.............................. """" 11 ARTICLE vm OPE AND USE OF SYSTEM Maintenance 11 Additions anci'Möctifiëáï¡ö'ns""""""""""""""""""""""'"................................ 11 Use of System .....,...............:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 12 Inspection of System and BolTower' s Books and Records................................. 12 Ownership of Land .................................... ..... ...... """'......................... ....... ...... 12 Sale or Encumbrance 12 Collection ofRevenueš""""""""""" ............ ... ........ ............ ........... ....... """" "" 12 .................... ,....................................... .......... ....... ... ...... No Free Service .........................................................................................""'" 12 No Compcûng Service ...................................... ................................................ 12 Mandatory Connection ......................................................................................12 La wfùl Charges..............................................................................,.................. 13 Performance Certification .....~.........., ...................... ...............,.....,. ........ ............ 13 ARTICLE IX GE AND DESTRUCTION Insurance 14 Requiremeiiis'öfPöi¡'éiës"::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 14 Notice of Damage, Destruction and Condemnation................ ""'" ....... ............. 15 Damage and Destruction ............................... ............ ......................... ............... 15 Condemnation and Loss of Tide 15 ................................. ............ ...... ............ ....,.... ~ li - JUL 28 '98 12:38 FR CHRISTIAN&8ARTON 804 697 4112 TO 30249108500008~1 P.06 Page ARTICLE X Section 10.1. Section 10.2. Section 10.3. Section 1004. Section J 0.5. Section 10.6. Section 10.7. Section 10.8. Section 10.9. Maintenance of Existence 15 Financial Records and Statëmènts;ït~¡;örtš':::::::::::::::::::::::::::::::::::::::::::::::::::::::: 16 Certificate as to No Defàult .................... ..... ............. ...... ........ ........................ ... 16 Additional Indebtedness 16 Parity Bonds .................:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 16 Further Assurances 16 Other Indebtedness ............................. ..... ............................ ....... ........ ............... 17 Assignment by Borröwër'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 17 Compliance with Master Bond Resolution .........................................................17 ARTICLE XI DEFA TS AND RE DIES Section 11.1. Section 11.2. Section 11.3. Section 11.4. Events of Default t 7 Notice of Default .....................................................................""""""""""""'18 Remedies on Defaùit""""""""""" .............................. ........ ""'" ........................ J 8 Delay and Waiver .....::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 19 ARTICLE XU ~ Section 12.1. Successors and Assigns ..................................................................................... 19 Section 12.2. Amendments.. ...................... ............... ......... ....... "'" ......................................... 19 Section 12.3. Limitation of Borrower's Liability. ................... ...... ....... ........... """ ..... ..... '" ...... 19 Section 12.4. Applicable Law ......,..........................................................................................19 Section 12.5. Severability.............................. .... ..... ... ... ........................ ............ . ... . . .... . . . . ... ..... 19 Section 12.6. Notices 19 Section 12.7. Right to ë'~~~'Dëfåülï':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 20 Section 12.8. Headings................ ............................................................................ ....... ........20 Section 12.9. Term of Agreement .................................... ..................... ........ .......................... 21 Section 12.10 Commitment Letter 21 Section 12.11. Counterparts ..........::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 21 - Hi- JUL 28 '98 12:38 FR CHRISTIAN&BARTON 804 6974112 TO 30249108500008~1 P.07 EXHIBITS Exhibit A . Form ofLocaJ Bond Exhibit B . Project Description Exhibit C - PrOJect Budget Exhibit D - Opinion of Borrower IS Counsel Exhibit E - Requisition Exhibit F - Prior Bonds and Existing Parity Bonds Exhibit G - Perfonnance Standards Exhibit H - Pending Litigation - iv - JUL 28 '98 12:38 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.08 FJNANCING AGREEMENT THIS FINANCING AGREEMENT is made as of the [first] day of , 1998, between the VIRGINIA WATER FACILITIES REVOLVING FUND, acting by and through the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Vttgînia (the "Authority"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth ofVirgirúa (the HBorrower"). Pursuant to Chapter 22, Title 62.1 of the Code of Virginia (1950), as amended (the "Act"), the General Assembly created a permanent and perpetual fund known as the "Virginia Water Facilities Revolving Fund" (the ('Fundtl). In conjunction with the State Water Control Board, the Authority administers and manages the Fund. From the Fund, the Authority from time to time makes loans to and acquires obligations of local governments in Virginia to finance or refinance the costs of wastewater treatment facilities within the meaning of Section 62.1-224 of the Act. The Borrower has requested a loan from the Fund and wilt evidence its obligation to repay such loan by the Local Bond the BolTower will issue and sell to the Fund. The Borrower wilt use the proceeds of the sale of the Loea] Bond to the Fund (i) to finance that portion of the Project Costs not being paid from other sources, and (ii) deposit in the Debt Service Reserve Fund (as established under and as defined in the Master Bond Resolution) the amount required by the Master Bond Resolution, all as further set forth in the Project Budget. ARTICLE I DEFIlUTIQNS Section 1.1. Definitions. The capitalized tenns contained in this Agreement and not defined above shall have the meanings set forth below unless the context requires otherwise and any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Act: "Additional Payments" means the payments required by Section 6.2. "A~reement" means this Financing Agreement between the Fund and the Borrower, together wIth any amendments or supplements hereto. '(Authorized Representative" means any member, official or employee of the Borrower authorized by resolution, ordinance or other official act of the governing body of the Borrower to perform the act or sign the document in question. "Board" means the State Water Control Board. UBusiness Day" means a day of the year which is not a Saturday or Sunday or a day on which banking institutions located in New York or Virginia are required or authorized to remain closed or on which the New York Stock Exchange is closed. JUL 28 '98 12:39 FR CHRISTIAN&BARTrn~ 804 697 4112 TO 30249108500008~1 P.09 "Closing Date" means the date of the delivery of the Local Bond to the Fund. "Commitment Letter" shan mean the commitment letter from the Fund to the Borrower, dated March -' 1998, accepted , 1998, and all extensions and amendments thereto. "Consulting Engineer" means the engineer or the finn of engineers experienced in the field of sanitary engineering and licensed and registered as a. professional engineer to do business in Virginia, desi~ated by the Borrower trom time to time as the Borrower's consulting engineer in accordance Wtth Section 4.5 in a written notice to the Authority. Such individual or firm shall be subject to the reasonable approval of the Authority and may be an employee of the Borrower or an independent engineer or fino of engineers. uDefault" means an event or condition the occurrence of which would, with the lapse of time or the giving of notice or both, become an Event of Default. "Department" means the Department of Environmental Quality, created and acting under Chapter 11.1, Title 10.1, of the Code of Virginia, as amended. "Event of Default" shall have the meaning set forth in Section 11.1. "Existing Parity Bonds" means any of the Borrower's bonds, notes or other evidences of indebtedness, as further described on Exhibit F, that on the date of the Local Bond's issuance and delivery were secured by a pledge oÎRevenues On a parity with the pledge of Revenues securing the Local Bond. "Fiscal Year" means the period of twelve months established by the Borrower as its annual accounting period. "[Fifth] Supplemental Resolution" means the [Fifth] Supplemental Resolution supplementing and amending the Master Bond Resolution, adopted by the Borrower on .1998. "Local Bond" means the bond in substantially the form attached to this Financing Agreement as Exhibit A issued by the BotTower to the Fund pursuant to this Agreement and the [Fifth] Supplemental Resolution. "Local Bond Proceeds" means the proceeds of the sale of the Local Bond to the Fund pursuant to this Agreement. "Local Resolution" means the resolution or ordinance adopted by the governing body of the Borrower approving the transactions contemplated by and authorizing the execution and delivery of this Agreement and the execution, issuance and delivery of the Local Bond. For purposes of this Agreement, the Local Resolution shan also mean the [Fifth] Supplemental Resolution. "Master Bond Resolution" means the Master Water and Sewer Revenue Bond Resolution Providing for the Issuance from Time to Time of One or More Series of Water and Sewer System Revenue Bonds of the City of Virginia Beach, adopted by the Borrower's City Council on - 2- JUL 28 '98 12:39 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.10 February 11, 1992, as it may be amended or supplemented by its tenns from time to time. "Net Proceeds" means "Net Proceeds" as defined in the Master Bond Resolution. "Net Revenues Available for Debt Service" means the Revenues less amounts necessary to pay Operation and Maintenance Expense, "Operation and Maintenance Expense" means "Operating Expenses" as defined in the Master Bond Resolution. "Opinion of Counsel" shall mean a written opinion of recognized bond counsel, acceptable to the Authority. "Parity Bonds" means bonds. notes or other evidences of indebtedness of the Borrower issued under Section 10.5. "Perfonnance Standards" means the perfonnance standards for the Project as more panicularly described in Exhibit G. "Prior Bonds" means any of the Borrower's bonds, notes or other evidences of indebtedness, as further described in Exl1ibit F, that on the date of the Local Bond's issuance and delivery were secured by a pledge of Revenues all or any portion of which was superior to the pledge of Revenues securing the Local Bond. "Project" means the particular project described in ExhibiJ B, the costs of the construction, acquisition or equipping of which are to be financed or refinanced in whole or in part with the Local Bond Proceeds. "Project Budget" means the budget for the financing or the refinancing of the Project, a copy of which is attached to this Agreement as Exhibit C. with such changes therein as may be approved in writing by the Authority. "Project Costs" means the costs of the construction, acquisition or equipping of the Project, including the deposit to the Debt Service Reserve Fund, as further described in the Project Budget, and such other costs as may be approved in writing by the Authority, provided such costs are pennitted by the Act. "Revenues" means "Revenues" as defined in the Master Bond Resolution, "Subordinate Bonds" means bonds, notes or other evidences of indebtedness of the Borrower secured by a pledge of Revenues expressly made subordinate to the pledge of Revenues to secure the payment of the Local Bond. "System" means "System" as defined in the Master Bond Resolution. Section 1.2. Rules of ConstruJdjon; References to Master ~. The following rules shall apply to the construction of trus Agreement unless the context requires otherw1se: - 3 - JUL 28 '98 12:39 FR CHRISTIAN&BARTON 804 697 4112 TO 30249l08500008~1 P.ll vice versa. (a) Singular words shall connote the plural number as well as the singular and (b) All references in this Agreement to particular Sections or Exhibits are references to Sections or Exhibits of this Agreement urness otherwise indicated. (c) The headings and table of contents as used in this Agreement are solely for convetùence of reference and shall not constitute a part of this Agreement nor shall they affect its meatùng, construction or effect. (d) References in tms Agreement to sections and subsections in the Master Bond Resolution shall be read to include the defined terms used in such sections and subsections. ARTICLE D REPRES~T A TIONS (a) The Borrower is a duly created and validly existing "local government" (as defined in Section 62. t -224 of the Act) of the Commonwealth of Virgitùa and is vested with the rights and powers conferred upon it by Virgitùa law. (b) The Borrower has full right, power and authority to (i) adopt the Local Resolution and execute and deliver this Agreement and the other documents related thereto, (ii) issue, sell and deliver its Local Bond to the Fund, (m) own and operate the System, (iv) construct, acquire or equip the Project (as described in Exhibit B) and finance or refinance the Project Costs by borrowing money for such purpose pursuant to this Agreement and the issuance of its Local Bond, and (v) carry out and COnsummate all of the transactions contemplated by the Local Resolution, this Agreement and the Local Bond. ( c) This Agreement and the Local Bond were duly authorized by the Local Resolution and are in substantially the same fonD as presented to the governing body of the Borrower at its meeting at which the Local Resolution was adopted. (d) All permits, licenses, registrations. certificates, authorizations and approvals required to have been obtained as of the date of the delivery of this Agreement have been obtained for (i) the Borrower's adoption of the Local Resolution, (ii) the execution and delivery by the Borrower of this Agreement and the Local Bond, (Hi) the perfonnance and enforcement of the obligations of the Borrower thereunder, (iv) the acquisition, construction, equipping, occupation, operation and use of the Project, and (v) the operation and use of the System. The Borrower knows of no reason why any such required permits or approvals not obtained as of the date hereof cannot be obtained as needed. (e) This Agreement and the Local Bond have been executed and delivered by - 4 - JUL 28 '98 12:40 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.12 duly authorized officials of the BolTOwer and constitute the legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms. (f) Except as disclosed in ExhlblJ H. there are not pending nor, to the best of the Borrower's knowledge, threatened against or in respect of the Borrower, any actions, suits, proceedings or investigations of a legal, equitable, regulatory, administrative or legislative natUre, in which a judgment, order or resolution may have a materially adverse effect on the Borrower in its business, assets, condition (financial or otherwise), operations or prospects or in its ability to perfonn its obligations under this Agreement or the Local Bond. (g) There have been no defaults by any contractor or subcontractor under any contract made by the Borrower in connection with the construction or equipping of the Project. (h) No material adver$e change has occurred in the financial condition of the Borrower as indicated in the financial statements, applications and other information furnished to the Authority. (i) Except as listed on Exlrihit F, there is no indebtedness of the Borrower secured by a pledge of Revenues prior to or on a parity with the pledge of Revenues securing the Local Bond. Q) No Event of Default or Default has occurred and is continuing. ARTICLE m RY OF THE LOCAL BOND Section 3.1. Loan to Borrower and Purchase of the Local Bond. The Borrower agrees to borrow trom the Fund and the Fund agrees to lend to the Borrower the principal amount equal to the sum of the principal disbursements mad~ pursuant to Section 4.1) but not to exceed $7,500,000.00 for the purposes herein set forth. The Borrower's obligation sha1l be evidenced by the Local Bond, which shall be in substantially the form of Exhibit Â attached hereto and made a part hereof and delivered to the Fund on the Closing Date. The Local Bond shall be in the original principal amount of the loan and shall mature and be payable as hereinafter provided. Section 3.2. ~onditloQS Prece«jent to purchase of t,h.e Loca~ Bond. The Fund shatt not be required to make the loan to Borrower and purchase the Local Bond unless the Fund shall have received the following, all in fonn and substance satisfactory to the Authority: (a) A certified copy of the Local Resolution. (b) A certificate of appropriate officials of the Borrower as to the matters set forth in Section 2.1 and such other matters as the Authority may reasonably require. (c) (i) If required by the Department, a contract or contracts for the construction, acquisition and equipping of the Project which are acceptable to the Department as to fonn and content, or (ii) the Consulting Engineer's estimate of the total Project Costs to be - 5 . "" JUL 28 '98 12:40 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108S00008Þ1 P.13 financed with the Local Bond Proceeds. Such contracts or estimates must be in an amount and otherwise compatible with the financing plan described in the Project Budget. (d) A certificate of the Consulting Engineer to the effect that in the opinion of the Consulting Engineer (i) the Project will be a part of the System, (ii) the Local Bond Proceeds and funds available ITom the other sources specified in the Project Budget will be sufficient to pay the estimated Project Costs, and (ill) during the first two Fiscal Years of the Borrower following completion of the Project, the projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the Borrower in Section 5. 1. In providing this certificate, the Consulting Engineer may take into consideration future System rate increases, provided that such rate increases have been duly approved by the governing body of the Borrower and any other person or entity required to give approval for the rate increase to become effective. In addition, the Consulting Engineer may take into consideration additional future revenues to be derived under existing contractual arrangements entered into by the Borrower and £fom reasonable estimates of growth in the consumer base of the Borrower. (e) Evidence satisfactory to the Authority that all governmental permits or approvals for the Project required to have been obtained as of the date of the delivery of this Agreement have been obtained and a statement of the Consulting Engineer that he knows of no reason why any future required governmental permits or approvals caMet be obtained as needed. (f) Evidence satisfactory to the Authority that the Borrower has obtained or has made arrangements satisfactory to the Authority to obtain any funds or other financing for the Project as contemplated in the Project Budget. (g) Evidence satisfactory to the Authority that the Borrower has performed and satisfied all of the terms and conditions contained in this Agreement to be perfonned and satisfied by it as of such date. ' (h) A certificate of the Consulting Engineer as to the date the Borrower is expected to complete the acquisition, construction and equipping of the Project. (i) An Opinion of Counsel, substantially in the form of Exhibit D, addressed to the Fund and the Authority. CD Evidence satisfàctory to the Authority that the Borrower has complied with the insurance provisions set forth in Sections 9.1 and 9.2 hereof. (k) Evidence satisfactory to the Authority that the Local Bond will be issued on a parity basis with the Existing Parity Bonds. (I) reasonably require. Such other documentation, certificates and opinions as the Authority may - 6 - JUL 28 '98 12:40 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.14 USE OF BONDPR ARTICLE IV DS ND CONSTRUCTION OF PROJECT Section 4.1. Aoollcatton of Proceeds. (a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further agrees to exhibit to the Department or the Authority receipts, vouchers, statements, bills of sale or other evidence of the actual payment of such Project Costs. The Authority shall disburse money from the Fund to or for the account of the Borrower not more fTequently than once each calendar month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the Authority (with a copy to be furnished to the Department) of the following: (1) A requisition (upon which the Authority shall be entitled to rely) signed by an Authorized Representative and containing all infonnation called for by, and otherwise being in the form of. Exhibit E to this Agreement; (2) If any requisition includes an item for payment fOf labor or to contractors, builders or materialmen, (í) a certificate, signed by the Consulting Engineer, stating that such work was actually performed or such materials, supplies or equipment were actually furnished or installed in or about the construction of the Project; and (ii) a certificate, signed by an Authorized Representative, stating either that such materials, supplies or equipment are not subject to any lien or security interest or that such lien or security interest will be released or discharged upon payment of the requisition. Upon receipt of each such requisition and accompanying certificate or certificates and approval thereof by the Department, the Authority shall disburse Local Bond Proceeds hereunder to or for the account of the Borrower in accordance with such requisition in an amount and to the extent approved by the Department and shall note the date and amount of each such disbursement on a schedule of principal disbursements to be included on the Local Bond. The Authority shall have no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder nor shall the Department have any obligation to approve any requisition if the Borrower is not in compliance with the terms of tlùs Agreement. The Borrower shall deposit disbursements in the Construction Fund (as defined in the Master Bond Resolution) to be utilized as described in Article V of the Master Bond Resolution and Section 4.307 of the [Fifth] Supplemental Bond Resolution. (b) The Borrower shall comply with all applicable State lawst including but not limited to, the Virginia Public Procurement Act. as amended, regarding the awarding and performance of public construction contracts. Except as may otherwise be approved by the Department, disbursements shan be held at ninety-five percent (95%) of the maximum authorized amount of the Local Bond to ensure satisfactory completion of the Project. Upon receipt from the BotTower of the certificate specified in Section 4.2 and a final requisition detailing all retainages to which the .7. JUL 28 '98 12:41 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.15 Borrower is then entitled, the Authority, to the extent approved by the Department and subject to the provisions of this Section and Section 4.2, will disburse to or for the account of the Borrower Local Bond Proceeds to the extent of such approval. The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the amount necessary to pay for approved Project Costs. If principal disbursements up to the maximum authorized amount of the Local Bond are not made, principal installments due on the Local Bond shall be reduced in accordance with Section 6.1. Section 4.2. Asrreement to Accomp!i!!!..b:oje"ct. The Borrower agrees to cause the Project to be acquired, constructed, expanded, renovated or equipped as described in Exhibit Band in accordance with the Project Budget and the plans, specifications and designs prepared by the Consulting Engineer and approved by the Department. The Borrower shall use its best efforts to complete the Project by the date set forth in the certificate provided to the Authority pursuant to Section 3.2(h). All plans, specifications and designs shall be approved by all applicable regulatory agencies. The Borrower agrees to maintain complete and accurate books and records of the Project Costs and permit the Authority and the Department through their duly authorized representatives to inspect such books and records at any reasonable time. The Borrower and the Authority, with the consent of the Department, may amend the description of the Project set forth in Exhibit B. When the Project has been completed, the Borrower shall promptly deliver to the Authority and the Department a certificate signed by an Authorized Representative of the BoITower and by the Consulting Engineer stating (i) that the Project has been completed substantially in accordance with this Section, the plans and specifications as amended from time to time, as approved by the Department, and in substantial complíance with all material applicable laws, ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of occupancy or other material permits necessary for the Project's use, occupancy and operation have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project Costs. Section 4.3. Permits. The Borrower, at its sole cost and expense, shall comply with, and shall obtain all permits, consents and approvals required by local, state or federal laws, ordinances, rules, regulations or requirements in connection with the acquisition, construction, equipping, occupation, operation or use of the Project. The Borrower shall, upon request, promptly furnish to the Authority and the Department copies of all such pennits, consents and approvals. The BolTower shall also comply with all lawful program or procedural guidelines or requirements duly promulgated and amended from time to time by the Department in connection with the acquisition, construction, equipping, occupation, operation or use of projects financed by the Fund under the Act including, but not limited to, those pertaining to compliance with the Performance Standards in the operation of the Project. The Borrower shall also comply in all respects with all applicable federal laws, regulations and other requirements relating to or arising out of or in connection with the Project and the funding thereof by the Fund. Section 4.4. Construction ontrac:tors. Each construction contractor employed in the accomplishment of the Project shalt e required in the construction contract to furnish a performance bond and a payment bond each in an amount equal to one hundred percent (100%) of the particular contract price. Such bonds shall list the Borrower, the Fund, the Authority, the Department and the Board as beneficiaries. Each contractor shall be required to maintain during - 8 - "- JUL 28 '98 12:41 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.16 the construction period covered by the particular construction contract builder's risk insurance, workers' compensation insurance, public liability insurance, property damage insurance and vehicle liability insurance in amounts and on terms satisfactory to the Consulting Engineer. Upon request of the Authority or the Department, the BoITower shall cause each contractor to furnish evidence of such bonds and insurance to the Authority and the Department. Section 4.5. Ene:ineeriol! Services. The Borrower shall retain a Consulting Engineer to provide engineering services covering the operation of the System and the supervision and inspection of the construction of the Project. The Consulting Engineer shalt certifY to the Fund, the Authority and the Department as to the various stages of the completion of the Project as disbursements of Local Bond Proceeds are requested and shall upon completion of the Project provide to the Fund, the Authority and the Department the certificates required by Sections 4.1 and 4.2. Section 4.6. ,Borrower Requirett.to Comp~. If the Local Bond Proceeds are not sufficient to pay in full the cost of the Project, the Borrower will complete the Project at its own expense and shall not be entitled to any reimbursement therefor from the Fund, the Authority, the Department or the Board or any abatement, diminution or postponement of the Borrower's payments under the Local Bond or this Agreement. PLEDG ARTICLE V VENUES AND RATES Section 5.1. Pled~e of Revenues. Subject to the Borrower's right to make application of Revenues as set forth in Sections 604 and 615 of the Master Bond Resolution, the Revenues are hereby pledged to the Fund to secure the payment of the principal of and interest on the Local Bond and the payment and perfonnance of the Borrower' s obligations under this Agreement as set forth in Section 615 of the Master Bond Resolution. This pledge shall be valid and binding from and after the execution and delivery of this Agreement. The Revenues, as received by the BoTTower, shall immediately be subject to the lien of this pledge without any physical delivery of them or further act. The lien of this pledge of the Revenues is on a parity with the lien of the pledge securing the Existing Parity Bonds. The lien of this pledge shall, subject to the right of the Borrower to make application of Revenues as set forth in the Master Bond Resolution, have priority over all other obligations and liabilities ofthe Borrower, and the lien of this pledge shall be valid and binding against all parties having claims of any kind against the Borrower regardless of whether such parties have notice of this pledge. (a) The Borrower covenants and agrees that it will comply with the revenue covenant contained in Section 601 of the Master Bond Resolution. (b) Within one hundred and twenty (120) days after the close of each Fiscal Year, the Borrower shall deliver to the Authority a certificate of the Consulting Engineer, an independent certified public accountant or other consultant reasonably acceptable to the Authority to the effect that (i) during the preceding Fiscal Year, the Borrower satisfied the rate Covenant made by the Borrower in subsection (a) of this Section, or, if not, the amount of the deficiency in Net Revenues Available for Debt Service which existed and the rates, fees and other charges which - 9- JUL 28 '98 12:42 FR CHRISTIAN&BARTON 804 69? 4112 TO 30249108500008Þl P.l? must be established by the Borrower to cure such deficiency, and (ii) during the Fiscal Year in which the certificate is delivered, the projected Revenues will satisfy the revenue covenant made by the Borrower in Section 601 of the Master Bond Resolution, or, if not, the rates, fees and other charges the Borrower must establish to satisfy such rate covenant. (0) On or before the last day of each Fiscal Year, the Borrower shall review the adequacy of its rates, fees and other charges for the next Fiscal Year. and. if such review indicates the Borrower's rates, fees and other charges are insufficient to satisfy the rate covenant in subsection (a) of this Section, the BolTOwer shall promptly take appropriate aCtion to increase its rates, fees and other charges or reduce its Operations and Maintenance Expense to cure any deficiency. Section 5.2. Annual Bud2'et. The Borrower shall furnish a copy of the Annual Operating Budget (as defined in the Master Bond Resolution) and the capital expenditures budget for the System and any amendments or supplements thereto to the Authority promptly upon their preparation and otherwise compJy with the provisions of Section 602 of the Master Bond Resolution. ARTICLE VI PAYMENTS Section 6.1. Pa ment 0 ond. The Local Bond shall be dated the date of its delivery to the Fund and shall bear interest on the disbursed principal balance thereof at the rate of four and three-tenths percent (4.30%) Im: annum from the date of each disbursement. Interest only on all amounts disbursed under the Local Bond shall be due and payable on [June 1, --3. Commencing [December 1, ], and continuing semi-annually thereafter on [June 1] and [December 1] in each year, priñêfpal and interest due under the Local Bond shall be payabJe in equal installments of $ . with a final installment of $ due and payable on [December 1. 20~. Such semi-annual installments shan continue, unless all amounts due hereunder and under the Local Bond are sooner paid, until [December I, 20--, when, if not sooner paid, all amounts due hereunder and under the Local Bond shall be due and payable in full. If principal disbursements up to the maximum authorized amount of the Local Bond are not made, the principal amount due on the Local Bond shall not include such undisbursed amount. However. unless the Borrower and the Authority agree otherwise in writing, until all amounts due hereunder and under the Local Bond shall have been paid in full, less than full disbursement of the maximum authorized amount of the Local Bond shall not postpone the due date of any semi-annual installment due on the Local Bond. or change the amount of such installment. If any installment of principal of or interest on the Local Bond is not paid within ten (10) days after its due date, the Borrower agrees to pay to the Fund a late payment charge in an amount equal to fiv~ percent (5.0%) of the overdue installment. . Section 6.2. Payment of Adt.li1i2nlLJ'ayments. In addition to the payments of principal and interest on the Local Bond, the Borrower agrees to pay on demand of the Fund the followmg Additional Payments: (1) The costs of the Fund, the Authority, the Department or the Board in - 10- JUL 28 '98 12:42 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.18 coMection with the enforcement of this Agreement, including the reasonable fees and expenses of any attorneys used by any of them; and (2) All expenses, including reasonable attorneys' fees, relating to any amendments, waivers. consents or collection or enforcement proceedings pursuant to the proviSions hereof. The BoITower agrees to pay interest on any Additional Payments enumerated in (1) or (2) above not received by the Fund within ten (10) days after demand therefor at a rate of five percent (5.0%) ~ 8Mum ofthe overdue installment tÌ'om its due date until the date it is paid. ARTICLE VII PREPAYMENTS Section 7.1. Pre a ment 0 tal Bond. At its option and after giving at least ten (10) days' written notice to the Authority, the Borrower may prepay the Local Bond at any time, in whole or in part and without penalty. Such written notice shall specifY the date on which the Borrower will make such prepayment and whether the Local Bond will be prepaid in full or in part, and if in part, the principal amount to be prepaid. Any such partial prepayment shaU be applied against the principal amount outstanding under the Local Bond but shall not postpone the due date of any subsequent payment on the Local Bond, or change the amount of such installment, unless the Borrower and the Authority agree otherwise in writing. OPE ARTICLE vm ND USE OF SYSTEM Section 8.1. Maintenance. At its own cost and expense. the Borrower shall operate the System in a proper. sound and economical maMer and in compliance with all legal requirements, shall maintain the System in good repair and operating condition and iTom time to time shall make all necessary repairs, renewals and replacements. Section 8.2. Additions and Modifications. At its own expense, the Borrower from time to time may make any additions) modifications or improvements to the System which it deems desirable and which do not materiatIy reduce the value of the System or the structural or operational integrity of any part of the System. provided that all such additions, modifications or improvements comply with all applicable federal. state and local laws, rules, regulations, orders. permits, authorizations and requirements. An such renewals, replacements, additions, modifications and improvements shall become part of the System. Section 8.3. Use or SJ'stem. The Borrower shall comply with all lawful requirements of any governmental authority regarding the System, whether now existing or subsequently enacted, whether foreseen or unforeseen or whether involving any change in governmental policy or requiring structural, operational and other changes to the System, irrespective of the cost of making the same. - 11 - JUL 28 '98 12:43 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.19 Section 8.4. Insp~ttion oLSntem anLBorrower's Books", andJecords. The Authority and the Department and their duly authorized representatives and agents shall have such reasonable rights of access to the System as may be necessary to determine whether the Borrower is in compliance with the requirements of this Agreement and shall have the right at all reasonable times and upon reasonable prior notice to the Borrower to examine and copy the books and records of the Borrower insofar as such books and records relate to the System. Section 8.5. Ownel'thiD olJA¡nd. The Borrower shall not construct, reconstruct or install any part of the Project on lands other than those which the Borrower owns or can acquire title to or a pe'l'etual easement over, in either case sufficient for the BoITower's purposes, unless such part of the Project is lawfully located in a public street or highway or is a main, conduit., pipeline, main connection or facility located On land in wruch the Borrower has acquired a right or interest less than a fee simple or perpetual easement and such lesser right or interest has been approved by written opinion of counsel to the Borrower as sufficient for the Borrower's pu'l'°ses. Section 8.6. i!Je or Encumbrance. No part of the System shall be sold, exchanged, leased, mortgaged, encumbered or otherwise disposed of except as provided in Section 807 of the Master Bond Resolution. Section 8.7. Co~ettion oœevenues. The Borrower shall use its best efforts to collect all rates, fees and other charges due to it and shall perfect liens on premises served by the System for the amount of aU delinquent rates. fees and other charges where such action is permitted by law. The Borrower shall, to the full extent pennitted by law, discontinue and shut off, or cause to be discontinued and shut of4 services and facilities of the System, and use its best efforts to cause to be shut off water service furnished otherwise than through the System, to customers of the System who are delinquent beyond any customary grace periods in the payment of rates, fees and other charges due to the Borrower. Section 8.8. No Free ServiCt(. The Borrower shall comply with Section 806(a) of the Master Bond Resolution. Section 8.9. !19 Comp~t~n2. Service. The Borrower shall not provide, grant any francruse to provide or give consent for anyone else to provide. any services which would compete With the System except as provided in Section 806(b) of the Master Bond Resolution. Section 8.10. Mandatorv Connection. To the extent permitted by law, the BoITower shall adopt and enforce rules and regulations, consistent with applicable laws, requiring the owner, tenant or occupant of each lot or parcel ofland which is served or may reasonably be served by the System and upon which lot or parcel a building shall have been constructed for residential, commercial or industrial use, to connect such building to the System; provided, however, such rules and regulations may pennit the continued use of private sewage disposal systems approved by the applicable board of health or health officer by any such building already in existence at the time the services of the System become available to it upon such conditions as may be specified in such rules and regulations or until such time as such approved private sewage disposal system shall cease to be approved or shall require major repairs to continue to be approved, at wruch time such building shall be required to connect to the System. . - 12" JUL 28 '98 12:43 FR CHRISTIRN&BARTON 804 697 4112 TO 30249108500008~1 P.20 Section 8.11. 1!»1ul Charps, The Borrower shall pay when due all taxes, fees, assessments, levies and other governmental charges of any kind whatsoever (collectively, the "Governmental Charges") w1ùch are (i) assessed, levied or imposed against the System or the Borrower's interest in it, or (ii) incutTed in the operation, maintenance, use and occupancy of the System. The Borrower shall payor cause to be discharged, or shall make adequate provision to payor discharge, all lawful claIms and demands for labor, materials, supplies or other objects which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues (collectively, the "Mechanics' Charges.'). The Borrower, ~er giving the Authority ten (10) days' notice of its intention to do so, at its own expense and in its own name, may contest in good faith any Governmental Charges or Mechanics. Charges. If such a contest occurs. the Borrower may pennit the same to remain unpaid during the period of the contest and any subsequent appeal. Upon request, the Borrower shall furnish to the Authority proof of payment of all Governmental Charges and the Mechanics' Charges required to be paid by the Borrower under this Agreement. Section 8.12. Peñormance Certification. Upon completion of the Project and its commencement of operation (the "Initiation of Operation"), the BolTower shall promptly notify the Department. If the BorTOwer fails to so notify the Department, the Department may establish the date of such completion. During the year after the Initiation of Operation, the Borrower shall retain a Consulting Engineer to assist in the operation of the Project and the trairùng of operating personnel, to revise the Borrower. s operation and maintenance manual, as necessary. and to advise the Borrower if the Project is meeting the Perfonnance Standards. One year from the Initiation of Operation, the Borrower shalt submit to the Department a certificate as to whether the Perfonnance Standards have been met. If the Department concludes that the Performance Standards have not been met, the Borrower shall submit within thirty (30) days of such date a report detailing (i) the reasons for the failure of the Project to meet the Perfonnance Standards, (ii) the Borrower's plan for undertaking any necessary corrective action to cause the Project to meet the Perfonnance Standards, and (iii) a schedule for completing any such corrective action, including the projected date for the submission of a certificate stating that the Performance Standards have been met. The Borrower shall then undertake such corrective action and any other action necessary to meet the Perfonnance Standards. When the Project has met the Performance Standards, the Borrower shall so certify to the Department. For so lon~ as the Performance Standards have not been met, the Borrower shall retain a Consulting Engmeer, unless the Department shall agree otherwise in writing. ARTICLE IX INSURANCE. DAMAGE A~RUCTION Section 9.1. Insurance. Unless the Authority otherwise agrees in writing, the Borrower continuously shall maintain or cause to be maintained insurance against such risks as are customarily insured against by public bodies operating systems similar in size and character to the System, including, without limitation; (a) Insurance in the amount of the full replacement cost of the System's insurable portions against loss or damage by tire and lightning, with broad fonn extended coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsements - 13 - JUL 28 '98 12:43 FR CHRISTIAN&8ARTON 804 697 4112 TO 30249108500008~1 P.21 (limited only as may be provided in the standard fonn of such endorsements at the time in use in Virginia); provided that during the constrnction of the Project, the Borrower may provide or cause to be provided, in lieu of the insurance in the amount of the full replacement cost of the Project, builders' risk or similar types of insurance in the amount of the full replacement cost thereof The deternùnation of replacement cost shall be made by a recognized appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority. (b) Comprehensive general liability insurance with a combined single linút of $1,000,000 per year against liability for bodily injury, including death resulting theretTom, and for damage to property, including loss of use thereof, arising out of the ownership, maintenance, operation or use of the System. (c) Unless the Borrower qualifies as a self-insurer under the laws of Virginia, workers' compensation insurance. The Authority shaH not have any responsibility or obligation with respect to (i) the procurement or maintenance of insurance or the amounts or the provisions with respect to policies of insurance, or (ii) the application of the proceeds of insurance. Section 9.2. ReQuirements ofPol~. (a) All insurance required by Section 9.1 shall be maintained with general1y recognized, responsible insurance companies selected by the Borrower and reasonably acceptable to the Authority, Such insurance may be written with deductible amounts comparable to those on similar policies earned by other utility systems of like size and character to the System. If any such insurance is not maintained with an insurer licensed to do business in Virginia or placed pursuant to the requirements' of the Virginia Surplus Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the Authority that such insurance is enforceable under Virginia law. (b) In lieu of insurance written by commercial insurance companies, the City may maintain a program of self-insurance or participate in group risk financing programs, as and to the extent and subject to the requirements set forth in Section 808 of the Master Bond Resolution. (c) The Borrower shall provide no less often than 8MuaUy and upon the written request of the Authority a certificate or certificates of the respective insurers evidencing the fact that the insurance required by Section 9.1 hereof is in force and effect. Section 9.3. Notice of Damage. D~truction an d.J&wJ em n ati..!!!!. In the case of (i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part of the System or any right therein under the exercise of the power of eminent domain, (iii) any loss of the System because of failure of title, or (tv) the commencement of any proceedings or negotiations which might result in such a taking or loss, the Borrower shall give prompt notice thereof to the Authority describing generally the nature and extent of such damage, destroction, taking, loss, proceedings or negotiations. Section 9.4. Dama e nd D truction. If all or any part of the System is destroyed or damaged by fire or other casualty, an the Borrower shall not have exercised its option to prepay in full the Local Bond pursuant to Article VII hereof and Section 809 of the Master Bond Resolution, - 14 - JUL 28 '98 12:44 FR CHRISTIAN&BARTON 804 6974112 TO 30249108500008~1 P.22 the Borrower shall restore promptly the property damaged or destroyed to substantially the same condition as before such damage or destruction, with such alterations and additions as the Borrower may detennine and which will not impair the capacity or character of the System for the purpose for which it then is being used or is intended to be used. The Borrower will apply the Net Proceeds as set forth in Section 809 of the Master Bond Resolution. Section 9.5. C nd mn do 0 s of Title. If title to or the temporary use of all or any part of the System shall be taken under the exercise of the power of eminent domain or lost because of failure of title, and the Borrower shall not have exercised its option to prepay in full the Local Bond pursuant to Article vn hereof and Section 809 of the MaSter Bond Resolution, the Borrower shall cause the Net Proceeds trom any such condemnation award or ITom title insurance to be applied as set forth in Section 809 of the Master Bond Resolution. ARTICLE X SPE~COVENANTS Section 10.1. Maintenance xi tence. The Borrower shall maintain its existence as a IIlocal government" (as defined in the Act 0 t e Commonwealth of Virginia and, without consent ofthe Authority and the Department. shall not dissolve or otherwise dispose of all or substantially all of its assets or consolidate or merge with or into another entity. Notwithstanding the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer a11 or substantially all of its assets to a political subdivision of the Conunonwealth of Virginia, and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and the Department, all of the obligations of the Borrower contained in the Local Bond and this Agreement, and there is furnished to the Authority and the Department an Opinion of Counsel acceptable to the Authority and the Department subject to customary exceptions and qualifications, to the effect that such assumption constitutes the legal, valid and binding obligation of the surviving, resulting or transferee political subdivision enforceable against it in accordance with its terms. Section 10.2. Financial Record~atements: BeDons. (a) The Borrower shall maintain proper books of record and account 10 which proper entries shall be made in accordance with generaUy accepted government accounting standards, consistently applied, of all its business and affairs related to the System. The Borrower shall have an annual audit of the financial condition of the System made in accordance with the provisions of Section 810 of the Master Bond Resolution. The Borrower shall furnish to the Authority copies of such report immediately after it is submitted to the Borrower. Such audit shall also be conducted in accordance with the provisions of the Single Audit Act of 1984, 31 U,S.C. §§ 7501 et seq., as amended, and the regulations promulgated thereunder, including OMB Circular No. A-l33. The Borrower shall also furnish to the Authority a certificate of such accountant to the effect that, during the course of such accountant's regular examination of the Borrower's financial condition, nothing came to such accountant's attention that would constitute an Event of Default or a Default. (b) The Borrower shall fùnúsh to the Authority a copy of the report required by Section 8l0(b) of the Master Bond Resolution upon receipt thereof . IS - JUL 28 '98 12:44 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.23 Section 10.3. Certificate as to No DefAult. The Borrower shall deliver to the Authority, within one hundred and twenty (120) days after the close of each Fiscal Year, a certificate signed by an Authorized Representative stating that, during such year and as of the date of such certiñcate, no event or condition has happened or existed, or is happening or existing, which constitutes an Event of Default or a Default, or if such an event or condition has happened or existed, or is happening or existing, specifying the nature and period of such event or condition and what action the Borrower has taken, is taking or proposes to take to rectifY it. Section 10.4. Additiona~tedness. The Borrower shall not incur any indebtedness or issue any bonds, notes or other evtdences of indebtedness secured by a pledge of Revenues, except Subordinate Bonds or Parity Bonds. Section 10,5, ParitY Bonds. Provided the Borrower is not in default hereunder, the Borrower may issue bonds, notes or other evidences of indebtedness ranking on parity with the Local Bond with respect to the pledge of Revenues ("Parity Bonds") as and to the extent and subject to the conditions set forth 1n Article ill of the Master Bond Resolution. The Borrower shall give notice to the Authority of the issuance of such debt within 30 days of its issuance and provide a copy of the supplemental resolution and any offering document authori2:ing the issuance of such debt. Section 10.6. Further Assurances. The Borrower shall to the fullest extent permitted by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming the rights, Revenues and other funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of this Agreement. The Borrower shall at all times, to the fullest extent permitted by law, defend. preserve and protect the pledge oftha Revenues and other funds pledged under this Agreement and all rights of the Authority, the Department and the Board under this Agreement against all claims and demands of aU persons. Section 10.7. Other Indeht~n~!s. The Borrower agrees to pay when due all amounts required by any other bonded indebtedness and to perfonn all of its obligations in connection therewith. Section 10.8, Assi2oment by Jtnrrower. The Borrower may not assign its rights under this Agreement without the prior written consent of the Authority and the Department. If the Borrower desires to assign its rights under this Agreement to another "tocal government" (as defined in the Act), the Borrower shall give notice of such fact to the Authority and the Department. If the Authority and the Department consent to the proposed assignment, the Borrower may proceed with the proposed assignment, but such assignment shall not become effective until the Authority and the Department are funùshed (i) an assumption agreement in form and substance satisfactory to the Authority and the Department by which the assignee agrees to aSSume all of the Borrower's obligations under the Local Bond and this Agreement, and (ii) an Opinion of Counsel to the assignee, subject to customary exceptions and qualifications, that the assumption agreement, the Local Bond and this Agreement constitute legal, valid and binding obligations of the assignee enforceable against the assignee in accordance with their terms and that the assignment and assumption comply in all respects with the provisions of this Agreement. - 16 - ,--- JUL 28 '98 12:45 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.24 Notwithstanding the foregoing, the assigmnent of the rights of the Borrower under the Local Bond and this Agreement or the assumption of the obligations thereunder by the assignee shall in no way be construed as releasing the Boliower's obligations. Section 10.9. Compliance wi.1!LMaster ~Resolution. The Borrower shall comply with all material provisions of the Master Bond Resolution and furnish to the Authority a copy of any amendments or supplements to it promptly upon the execution and delivery thereof ARTICLE XI J)EFAULTS A@..REMEDIES Section 11.1. Events of DefauJt. Each of the following events shall be an "Event of Default": (a) The failure to pay when due any payment of principal or interest due hereunder or to make any other payment required to be made under the Local Bond or this Agreement; (b) The Boliower's failure to perform or observe any of the other covenants, agreements or conditions of the Local Bond or this Agreement and the continuation of such failure for a period of sixty (60) days after the Authority gives the Borrower written notice specifYing such failure and requesting that it be cured, unless the Authority shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice is correctable but cannot be corrected within the applicable period, the Authority will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the Default is corrected; ( c) Any warranty, representation or other statement by or on behalf of Borrower contained in this Agreement or in any instrument furnished in compliance with or in reference to this Agreement or in connection with the issuance and sale of the Local Bond is false or misleading in any material respect; (d) The occurrence of a default by the Borrower under the terms of any Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure such default or obtain a waiver thereof within any period of time pem1Îtted thereunder; (e) An order or decree shall be entered, with the Borrower's consent or acquiescence, appointing a receiver or receivers of the System or any part thereof or of the Revenues thereof, or if such order or decree, having been entered without the Borrower's consent or acquiescence, shaJl not be vacated. discharged or stayed on appeal within sixty (60) days after the entry thereof; (f) Any proceedin$ shall be instituted, with the Borrower's consent or acquiescence, for the purpose of effectmg a composition between the Borrower and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable fi-om Revenues; or .17. JUL 28 '98 12:45 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.25 (g) Any bankIuptcY7 insolvency or other similar proceeding shall be instituted by or against the Borrower under any federal or state bankruptcy or insolvency law now or hereinafter in effect and. if instituted against the Borrower, is not dismissed within sixty (60) days after filing. Section 11.2.~. The BolTower agrees to give the Authority prompt written notice if any order, decree or proceeding referred to in Sections 11.1 ( e). (f) or (g) is entered or instituted against the Borrower or of the occurrence of any other event or condition which constitutes a Default or an Event of Default immediately upon becoming aware of the existence thereof Section 1t.3. Remedies on net:ault. Whenever any Event of Default referred to in Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other remedies provided herein or by law, including rights specified in Section 62.1.228 of the Act, have the right, at its option without any further demand or notice, to take one or both of the following remedial steps: (a) Declare immediately due and payable all payments due or to become due on the Local Bond and under this Agreement, and upon notice to the BolTower, the same shall become immediately due and payable by the Borrower without further notice or demand; and (b) Take whatever other action at law or in equity may appear necessary or desirable to collect the payments then due and thereafter to become due on the Local Bond and under this Agreement or to enforce any other of the Fund's, the Authority's, the Department's or the Board's rights under this Agreement or to enforce performance by the Borrower of its covenants, agreements or undertakings contained herein or in the Local Bond. Section 11.4. ~. No delay or omission to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power or shall be construed to be a waiver of any such Default or Event of Default or acquiescence therein, and every such right or power may be exercised tram time to time and as often as may be deemed expedient. No waiver of any Default or Event of Default under this Agreement shall extend to or shall affect any subsequent Default or Event of Default or shall impair any rights or remedies consequent thereto. ARTICLE XU ~ Section 12.1. Successors and Assl2ns. This Agreement shalJ be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 12.2. Amendment!. The Authority and the Borrower, with the written consent of the Department, shall have the right to amend from time to time any of the terms and conditions of this Agreement, provided that all amendments shaH be in a writing and shall be signed by or on behalf of the Authority and the Borrower. . IS - JUL 28 '98 12:46 FR CHRISTIAN&8ARTQN 804 697 4112 TO 30249108500008"1 P.26 Section 12.3. Limitatlo ower's Liabili . Notwithstanding anything in the Local Bond or this Agreement to the contrary, the BoTTower's obligations are not its general obligations, but are limited obligations payable solely ftom the Revenues which are specifically pledged for such purpose. Neither the Local Bond nor dús Agreement shall be deemed to create or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shaH not be obligated to pay the principal of or interest on the Local Bond or other costs incident thereto except from the Revenues and other funds pledged therefor. In the absence of fraud, no present or future director, official, officer, employee or agent of the Borrower shall be liable personally in respect of this Agreement or the Local Bond or for any other action taken by such individual pursuant to or in connection with the financing provided for in this Agreement or the Local Bond. Section 12.4. Aoolicable Lá~. This Agreement shall be governed by the applicable laws of Virginia. Section 12.5. SeverabilitY. If any clause, provision or section of this Agreement shall be held megaJ or invalid by any court, the illegality or invalidity of such clause, provision or Section shall not affect the remainder of this Agreement which shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained in this Agreement. If any agreement or obligation contained in this Agreement is held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Fund and the BoTTower, as the case may be, only to the extent permitted by law. Section 12.6. Notices. Unless otherwise provided for herein, all demands, notices, approvals, consents, requests, opinions and other communications under the Local Bond or this Agreement shall be in writing and shall be deemed to have been given when delivered in person or mailed by first class registered or certified mail, postage prepaid, addressed as follows: Fund: Virginia Water Facilities Revolving Fund c/o Virginia Resources Authority P. O. Box 1417 Richmond. VA 23218 Attention: Executive Director Authority; Virginia Resources Authority P. O. Box 1300 FUc~ond, VA 23218 Attention: Executive Director Department and Board: State Water Control Board Department of Environmental Quality P. O. Box 10009 Richmond. VA 23240-0009 Attention: Executive Director Borrower: City of Virginia Beach, Virgirúa Municipal Center Virginia Beach, VA 23456 Attention: City Manager . 19. JUL 28 '98 12:46 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.27 A duplicate copy of each demand, notice. approval, consent, request, opinion or other communication given by any party named in this Section shall also be gIVen to each of the other parties named. The Authority, the Department, the Board and the Borrower may designate. by notice given hereunder. any further or different addresses to which subsequent demands, notices. approvals, consents, requests, opilÛons or other communications shall be sent or persons to whose attention the same shall be directed. Section 12.7. Rillht to Cure Default. If the BoITower shall fail to make any payment or to perform any act required by it under the Local Bond or this Agreement. the Authority without prior notice to or demand upon the Borrower and without waiving or releasing any obligation or default, may (but shall be under no obligation to) make such payment or perform such act. All amounts so paid by the Authority and all coSts, fees and expenses so incurred shall be payable by the Borrower as an additionaJ obligation under this Agreement, together with interest thereon at the rate ofinterest of five percent (5.0%) 1m annum until paid. The Borrower's obligation under this Section shall survive the payment of the Local Bond. Section 12.8. Headin2s. The headings of the several articles and sections of this Agreement are inserted for convenience only and do not comprise a part of this Agreement. Section 12.9. Term of Af!reement. This Agreement shall be effective upon its execution and delivery, provided that the Local Bond previously or simultaneously shall have been executed and delivered. Except as otherwise specified, the BoITower's obligations under the Local Bond and this Agreement shall expire upon payment in full of the Local Bond and all other amounts payable by the Borrower under this Agreement. Section 12.10. Commltmet!~ttA!:. The Commitment Letter is an integral part of this Agreement and shall survive closing hereunder. Section 12.11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same jnstrument. WITNESS the following signatures, all duly authori:led. VIRGINIA WATER FACILITJES REVOLVING FUND By: Virginia Resources Authority, Administrator By: Shockley D. Gardner. Jr., Executive Director .20. JUL 28 '98 12:46 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.28 CITY OF VIRGINIA BEACHt VIRGINIA By: Its: - 21 - JUL 28 '98 12:46 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.29 EXHIBIT A Form of Local Bond City of Virginia Beach, Virginia C-S15205-01 [To comeftom Borrower's Bond Counsel] . A-I - JUL 28 '98 12:47 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.30 EXHIBIT B Project Description City of Virginia Beach, Virginia C-51S20S..0t [REVISE AS APPROPRIATE - The Project consists of various acquisitions, improvements. extensions, additions and replacementS to the System in order to finance the construction of vacuum, sewer, pumping stations and associated force mains in the Sandbridge area of the Borrower.] . BOo! . JUL 28 '98 12:47 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.31 EXHIBIT C Project Budget City of Virginia Beach, Virginia C-51520s..01 Cost Category Bond Counsel Amount $ Independent Consulting Engineer Design: Force Main and Environmental Assessment Pump Station and Vacuum Sewer Construction Force Main Pump Station Vacuum Sewer Debt Service Reserve Contingency TOTAL. . . . . . . . . . . $ [REVISE AS APPROPRIA TEl . c.} - JUL 28 '98 12:47 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108S00008Þ1 P.32 EXHIBIT D Opinion of Borrower's Bond Counsel City ot Virginia Beach, Virginia C-S15205-01 [To come from Borrower's Bond Counsel] - 0-1 - JUL 28 '98 12:47 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108S00008Þ1 P.33 EXHIBIT E Form of Requisition City of Virginia Beacht Virginia C-515205-01 [LETTERHBAD OF BORROWER] [Date] Donald W. Wampler, Program Manager Constrnction Assistance Program Office of Water Resources Management Department of Environmental Quality P. O. Box 11143 Richmond, Virginia 23230 Re: City of Virgirùa Beach, Virginia 1&an No. C-515205.01 Dear Mr. Wampler: This requisition, Number . is submitted in coMection with the Financing Agreement dated as of I, 1998 (the "Financing Agreement"), between the VirgÎIùa Water Facilities revolving Fund, also known as the Virginia Revolving Loan Fund (the "Fund") and the City of Virginia Beach, VIrginia (the "Borrower"). Unless otherwise defined in this requisition, all capitalized terms used herein shall have the meaJÛng set forth in Article I of the Financing Agreement. The undersigned authorized Representative of the Borrower hereby requests disbursement of loan proceeds under the Financing Agreement in the amount of $ . for the purposes of payment of the Project Costs as set forth in Schedule 1 attached hereto. Attached hereto are invoices relating to the items for which payment is requested. -E-l - JUL 28 '98 12:47 FR CHRISTIAN&BARTON 804697 4112 TO 30249108500008~1 P.34 The undersigned certifies that (a) the amounts requested by the requisition will be applied solely and exclusively to the payment, or the reimbursement of the Borrower for the payment of Project Costs, and (b) any materia1s, supplies or equipment covered by this requisition are not subject to any lien or security interest or such lien or security interest will be released upon payment ofthe requisition. This requisition includes an accompanying Certificate of the Consulting Engineer as to the performance of the work, . Very truly yours, By: Its: Attachments cc: Mr. Charles L. Massie - VRA -B-2. JUL 28 '98 12:47 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.35 CERTIFICATE OF THE CONSULTING ENGINEER FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT This Certificate is submitted in coMection with Requisition Number ----' dated . 19 ---J submitted by the City of Virginia Beach, Virginia (the "Borrower") to the Virginia Water Facilities Revolving Fund. Capitalized terms used herein shall have the same meanings set forth in Article I ofthc Financing Agreement referred to in the Requisition. The undersigned Consulting Engineer for the Borrower hereby certifies to the Virginia Water Facilities Revolving Fund that, insofar as the amounts covered by this Requisition include payments for labor or to contractors, builders or materialmen, such work was actually performed or such materials, supplies or equipment were actually furnished to or installed in the Project. [Consulting Engineer] By: Date; . E.3 . SCHEDULE I VIRGINIA REVOLVING WAN FUND FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT <-t C r 1\.1 CD REQUISITION # BORROWER: CERTJFYING SIGNATURE: TITLE: LOAN NUMBER: C-515~ - UJ CD c c Amount Bud2eted Previous Disb Exp enditures This Period Net Disbursement Tms Period Net Balance R, ~ 1\.1 A CD ." ;0 () I ;0 - (f) - - D Z po ~ ;0 - 2 -~. - TOTALS: Total Loan Amount $. Previous Disbursement $, This Request $ Loan Proceeds Remaining $ CD (S A Q') UJ ~ A ~ ~ 1\.1 - 0 (,.J (S 1\.1 A UJ ~ (S CD U1 (S (S (S (S CD n ~ lJ (,.J Q') - E-4 - JUL 28 '98 12:48 FR CHRISTIAN&BARTON 804 69? 4112 TO 30249108500008~1 P.3? EXHIBIT F Prior Bonds and Existing Parity Bonds City of Virginia Beach, Virginia C-515205-0t Prior Bonds. None. ~. Outstanding Principal as of . 1998 $ 5,100,000 Water and Sewer Revenue Notes, 1977 (p. A. Corp.); $ 2,000,000 Drought ReliefR.evenue Bond, 1978; $ $ 2,200,000 Water and Sewer Revenue Notes, 1982 (County Utilities); $ 1,800,000 Water and Sewer Revenue Notes, 1982 (Kempsville Utilities); $19,975,000 Water and Sewer System Revenue Bonds, Series of 1992; $46,440,000 Water and Sewer Revenue and Refunding Bonds, Series of 1993. $1,405,031 Water and Sewer Revenue Bonds, Series of 1994 $7,500,000 Water and Sewer Revenue Bond, Series of 1997 (T otal aggregate outstanding balance as of , 1998: $ ) [REVISE AS APPROPRIATE] - F.l . JUL 28 '98 12:48 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.38 EXHIBIT G Project Peñormance Standards City of Virginia Beach C-51S205-01 Listed below are the Project Performance Standards for the City of Virginia Beach Project (Sandbridge Interceptor): Projem 1. VACUUM PUMP STATION: A. Performance-- Performance Standqrds All equipment shan remain operational for the one year VRLF performance certification period and demonstrate the ability to handle flow conditions at the station such that no overflows or bypasses shall occur at the pump stations or service area. B. Reliability Standards -- The station will continue to meet applicable Reliability Class I Criteria in accordance with the Virginia Sewage Regulations and the approved plans and expectations. Reliability shall include operation of the station alarms, commutÚcation telemetry) and auxiliary power systems. The Borrower) s vacuum collection system and the interface vaults shall demonstrate continuous reliability such that. overflows and blockages do not occur at the service connections or vacuum collection lines during the certification period. 2. COLLECTION SYSTEM AND FORCE MAIN SYSTEMS The Borrower's force main system shall demonstrate both continuous reliabillity and structural integrity throughout the certification period. [UPDATE AS APPROPRIATE] .0.1 - JUL 28 '98 12:48 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008"1 P.39 EXHmIT H Pending Litigation City of Virginia Beach, Virginia C-515205.01 [upDATE AS APPROPRIATE] LITIGA TION According to the City Attomeyt there is no litigation of any kind now pending or, to the best of his infomation, knowledge and belief, threatened to restrain or enjoin the issuance or delivery of the Local Bond or in any manner questiorung the proceedings and authority under which the Local Bond is issued or affecting the ability of the to ability of the Borrower to collect and pledge the Revenues to provide for the payment of the principal of or interest on the Local Bond or in which a final adverse decision would in any manner adversely affect the provisions for or materially adversely affect the sources for payment of the Local Bond, except as set forth below. The Borrower has been involv'ed in litigation for twelve years, as various parties in Virginia and the State of North Carolina have opposed the Borrower's efforts to construct the Lake Gaston Project. The City Council ofthe Borrower has reaffirmed its commitment to the Lake Gaston Project as the most effective means of providing the necessary supply of water for the Borrower's continued welfare, growth and prosperity. The Borrower is committed to pursuing vigorously all litigation necessary to complete the Lake Gaston Project at the earliest practicable date. a. In January, 1984, the BolTower filed suit in the United States District Court for the Eastern District of Virginia, later transferred to the Eastern District of North Carolina, seeJcing a declaratory judgment that its withdrawals from Lake Gaston will not violate the riparian rights of certain owners of property on the Roanoke River. The suit was stayed on September 12, 1991, pending the approval of the Federal Energy Regulatory Comnússion ("FERC") of the conveyance of easements trom Virginia Electric and Power Company ("VEPCO") to the Borrower for constnlction, operation and maintenance of an intake facility. Those easements have been conveyed to the Borrower, and the matter is now on the active docket. The case has also been certified as a class action. b. On November 14, 1988, the Board of Supervisors of Mecklenburg County, Virginia, filed suit in Mecklenburg County Circuit Court against the Borrower, seeking a declaration that, under Virginia's Local Consent Law, the Borrower is required to obtain its consent for the use of storage capacity in John H. Kerr Reservoir. The Board of Supervisors of Halif~ County, Virginia intervened as party plaintiff. On July 6, 1992, the Mecklenburg County Circuit Court ruled in favor of the Counties. The Borrower appealed that decision to the Supreme Court of Virginia, which, on September 17, 1993, reversed the judgment of the trial court and ruled that Borrower is not required to obtain the consent of the Counties. The Supreme Court's decision is final and unappealable. c. The Borrower awarded two contracts to begin construction of the Lake Gaston pipeline in the summer of 1990. Shortly thereafter, the United States District Court for the Eastern -H. I. JUL 28 '98 12:49 FR CHRISTIAN&BARTON 804 697 4112 TO 30249108500008~1 P.40 District of North Carolina enjoined actual construction of any phase of the Lake Gaston Project until further order of the Court or until FERC approves an application by VEPCO for pemússion to convey certain easements to the BotTOwer for the construction, operation and maintenance of the Lake Gaston Project's intake facility. On December 6, 1991, the United States Court of Appeals for the Fourth Circuit modified the inj~nction to perrrút construction of two "critical path" elements of the Lake Gaston Project, so named because their construction will expedite the completion of the remainder of the Lake Gaston Project by approximately fifteen to eighteen months. Construction of the two critical path elements of the Lake Gaston Project is complete. In November, 1994, as a result of the decision of the Virginia State Corporation Commission more fully described in (g) below, the Borrower filed a motion with the United States District Court for the Eastern District of North Carolina to modify the aforesaid injunction to allow the remainder of con stroctj on to go forward upon acquisition of the necessary easements, either by voluntary conveyance £rom VEPCO. with FERC approval, or by condemnation. In March, 1995, the Court denied the motion, and the BolTower appealed to the Court of Appeals for the Fourth Circuit. The Fourth Circuit is holding the case in abeyance in light of the fact that, following the FERC approval described in subsection (t) below, the easements have been conveyed to the Borrower. d. On May 2, 1991, the National Oceanic and Atmospheric Administration ("NOAA") ruled that the Coastal Zone Management Act (the "CZMA") authorized the State of North Carolina to review the Lake Gaston Project for consistency with its Coastal Zone Management Plan in coMection with the VEPCO application before the FERC. On September 9, 1991, North Carolina filed its objection to the Lake Gaston Project, claiming that the withdrawal of water from Lake Gaston would be inconsistent with its Coastal Zone Management Plan. The Borrower and VEPCO appealed the North Carolina objection to the United States Secreta!)' of Commerce. On December 3, 1992, the Secretary of Commerce ruled in favor of the Borrower and terminated the proceedings on jurisdictional grounds, finding that North Carolina lacked authority to object to the Lake Gaston Project because the Lake Gaston Project will be located entirely in Virginia. North Carolina then requested the Secretary of Commerce to reconsider that decision, and on July 3D, 1993, the Secretary issued a decision refusing to reconsider. In December, 1993, however, the Secretary reversed his position and ruled that North Carolina did have authority to review the Lake Gaston Project under the CZMA. As a result of that action, the Borrower filed suit in the United States District Court for the Eastern District of Virginia, challenging the decision of the Secretary. That suit was rendered moot, however, by reason of the fact that, in May, 1994, the Secretary overrode North Carolina's objection to the Lake Gaston Project, thereby effectively approving the Lake Gaston Project under the CZMA. North Carolina then appealed the Secretary's decision to the United States District Court for the District of Columbia. In September, 1995, however, the Court entered judgment affirming the Secretary's approval of the Lake Gaston Project. North Carolina failed to appeal the Court's judgment, which is now final and unappealable. e. In March, 1993, the Boards of SupeNisors ofMeckJenburg and Halifax Counties filed suit against the BolTower in MeckJenburg County Circuit Court, seeking a declaratory judgment that Chapter 812 of the 1992 Virginia Acts of Assembly, which allocates to the Borrower 60 million gallons of water per day from Lake Gaston, violates the Virginia Constitution. The Borrower demulTed to the suit on various grounds, including the Counties' lack of standing. On October 157 1993, the court granted the demurrer and dismissed the suit. - H-2 - "" JUL 28 '98 12:49 FR CHRISTIAN&BARTON 804697 4112 TO 30249108500008~1 P.41 f. In July. 1995. following an exhaustive review of the Lake Gaston Project, FERC issued a Final Environmental Impact Statement finding that the proposed withdrawal will have no significant adverse impacts and that the full 60 mgd of water is needed. It also issued an order approving the Lake Gaston Project. FERC has jurisdiction in this matter by virtue of the fact that Lake Gaston forms part of a hydropower project owned and operated by VEPCO and licensed by FERC pursuant to the Federal Power ACt. Article 17 of VEPCO' s license provides that it may not voluntarily convey any part of the Lake Gaston Project for non~projeot uses without the approval ofFERC. Inasmuch as the Borrower needs certain easements in and around Lake Gaston for the intake structures and other appurtenances of the pipeline. FERC approval for the voluntary conveyance of such easements trom VEPCO to the Borrower was required. In August, 1995, North Carolina petitioned FERC for a rehearing and stay of its order; the petition was denied in September, 1995. The July order approving the Lake Gaston Project thereby became final. North Carolina and other Lake Gaston Project opponents thereafter appealed the decision to the United States Coun of Appeals for the District of Columbia. Oral argument was held on September 9, 1996. On September 11, 1996, the Court remanded the record to FERC with direCtions to rule upon the question of whether Section 401(a)(1) of the Clean Water Act applies to the Lake Gaston ProjeCt 50 as to require a certification from North Carolina. On November 7, 1996, FERC issued an Order determining that no such certification was required under Section 401(a)(1). Additional oral argument has been scheduled for February 4, 1997. As a result ofFERC's approval of the Lake Gaston Project, there remains no judicial or administrative order prohibiting construction of the remainder of the Lake Gaston Project. As of November 30. 1996. the Lake Ga.ston Project is approximately 76% complete. g. In November, 1995. a number ofle,gislators trom the Southside Virginia area (Le., the geographical region of Virginia in the south-central portion of the state) and other plaintiffs filed suit in the Circuit Court of Mecklenburg County, asking for a declaration that the proposed withdrawal of water ITom Lake Gaston is contrary to law. The Borrower has filed several different pleadings in response to the suit. The judges in the judicial circuit in which the suit was filed have disqualified themselves. and the Supreme Court of Virginia has appointed a judge from a "neutral" judicial circuit. *42AO11.I - H-3 . - 27- Item VI-H.3. RESOLUTIONS ITEM # 43880 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution to authorize the City Manager to execute on behalf of the City a contract with Virginia Electric and Power Company (VEPCO) re purchase of electric service. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY A CONTRACT WITH VIRGINIA ELECTRIC AND POWER COMPANY FOR THE PURCHASE OF ELECTRIC SERVICE WHEREAS, the contract pursuant to which the City purchases electric service from Virginia Electric and Power Company (VEPCO) has expired; and WHEREAS, the City, through its representation on a Steering Committee composed of members of the Virginia Municipal League (VML) and the Virginia Association of Counties (VACo) , has negotiated a new contract with VEPCO; and WHEREAS, the Steering Committee has recommended approval of a new contract between VEPCO and the individual localities comprising VML and VACo; and WHEREAS, the proposed contract sets forth rates, terms and conditions of electric service which are fair and equitable, such that it is in the best interests of the City to enter into such contract; and WHEREAS, the Ci ty Council hereby finds that competitive bidding or negotiation is not required for the procurement of the services contemplated by the contract, in that VEPCO is the sole source for the provision of retail electricity; and WHEREAS, a complete copy of such contract, including terms, conditions and rate schedules, is on file at the Office of the City Attorney, and is available for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Ci ty Manager be, and hereby is, authorized and directed to execute, on behalf of the City, the document entitled UAGREEMENT FOR THE PURCHASE OF ELECTRIC SERVICE BY MUNICIPALITIES AND COUNTIES OF THE COMMONWEALTH OF VIRGINIA FROM VIRGINIA ELECTRIC AND POWER COMPANY," dated May 13, 1998. Adopted by the Council of the City of Virginia Beach, Virginia, on this 4 day of August , 1998. Ca-98-7057 wmm\ordres\vepcok.res. June 22, 1998 R-1 APPROVED AS TO CONTENT: p~ A.O~ Department of Public Works APPROVED AS TO LEGAL SUFFICIENCY: úJ&!l1.¡tt~, Law Department AGREEMENT FOR THE PURCHASE OF ELECTRIC SERVICE BY MUNICIPALITIES AND COUNTIES OF THE COMMONWEALTH OF VIRGINIA FROM VIRGINIA ELECTRIC AND POWER COMPANY This Agreement, made this 13th day of May, 1998 between City of Virginia Beach, a unit of local government of the Commonwealth of Virginia, hereinafter called the "Customer", and the Virginia Electric and Power Company, hereinafter called the "Company," provides that in consideration of the mutual covenants and agreements herein contained, the parties hereto contract and agree with each other as follows: 1. PURCHASE AND SALE A. Purchases From the Company The Customer will purchase from the Company and the Company will sell to the Customer, pursuant to the provisions of this Agreement and the Terms and Conditions For The Purchase of Electric Service By Municipalities and Counties and to the applicable schedules of charges, attached hereto and made a part hereof, the electric service requested by the Customer (including the service being furnished on the effective date of the Agreement) within the territory served by the Company in the Commonwealth of Virginia. B. Purchases From the Customer The Company will purchase electricity from the Customer's generating facilities under a separate agreement in accordance with the Public Utility Regulatory Policies Act of 1978 (PURPA) and the Federal and Virginia rules that implement PURPA, if the generating unit qualifies for such treatment. The Customer may participate in any formal Company solicitation for capacity and energy based on the Company's needs. The Customer also may contract for the sale of electricity to the Company in accordance with the availability, pricing, and terms and conditions of the Company I s Virginia Schedule 19 and applicable terms and conditions of contracts for the sale of electricity to the Company, except that sales of electricity from the Company to the Customer shall be made in accordance with this Agreement. C:IMY DOCUMENTSIVMLICITYOFVIRGINIA BEACHCONTRACT.DOC AGREEMENT (Continued) Page 2 of 4 1.B. Purchases from the Customer (Continued) Notwithstanding the preceding paragraph, if PURPA is repealed, or if other changes occur to the laws or rules affecting the Company's obligations to purchase electricity or the conditions of sale related thereto, the Company shall revise its practices to be consistent with such change and may at its option elect to no longer enter into agreements for the purchase of electricity from the Customer to the extent permitted by applicšlble law and rules. 2. TERM The term of this Agreement shall be from July 1, 1997 to June 30, 2000. 3. RATES AND CHARGES M. N. O. The schedules of charges available hereunder and applicable conditions are attached hereto as Attachments A through Z and listed below. Any use of electricity for which no schedule of charges is shown will be supplied in accordance with the Miscellaneous Light and Power schedule (Attachment A). A. Miscellaneous Light and Power Service (Schedule 100) B. Traffic Control Service (Schedule 102) C. All-Electric Building Service and Dual Fuel Systems (Schedule 110) D. Water Pumping, Sewage Pumping and Sewage Disposal Service (Schedule 120) E. Time-of-Usage Service (Schedule 122) F. Large Miscellaneous Light and Power Service (Schedule 130) G. Thermal Storage (Schedule 131) H. Large Miscellaneous Light and Power Service - Variable Pricing (Schedule 132) I. Curtailable Service (Schedule CSCM) J-l. Standby Generator (Schedule SGCM) J.-2 Standby Generator -- Closed (Schedule SGCM-l) K. Roadway, Directional and Area Lighting Service - High Pressure Sodium (Schedule 150) L. Roadway, Directional and Area Lighting Service - Incandescent, Mercury Vapor, and Urbanlites (Schedule 151) Street Lighting Fixtures on Bridges and Overpasses (Schedule 152) Street Lighting - Special Fixtures (Schedule 153) Service to Customer-Owned Street, Area and Other Outdoor Lighting Facilities (Schedule 154) Temporary Service Charge (Schedule A) Excess Facilities Service Rate (Schedule B) Miscellaneous and Standby Charges (Schedule C) Mercury Vapor to High Pressure Sodium Vapor Conversion Charges (Schedule D) Street Lighting Patrol Service (Schedule E) P. Q. R. S. T. C:IMY DOCUMENTS\vMLICITYOFVIRGINIA BEACHCONTRACT.DOC AGREEMENT (Continued) Page 3 of 4 3. RATES AND CHARGES (Continued) x. Y. Z. U. Electric Vehicle Charging Facilities (Schedule F) V. Rider A Fuel Adjustment Clause W. Rider J-CM Interruptible Electric Water Heating Service - Residential Services - Closed Rider K - Electric Cooking in Educational Facilities Rider L - Geothermal Heating and Air Conditioning Addendum For qualifying individual accounts the Customer may elect companion load management rate schedules or riders as follows: Schedules CSCM, SGCM, SGCM-l, and Rider J-CM. These load management rates and rider will be revised from time to time as approved for other retail customers in Virginia, however, throughout the term of this Agreement the payments provided under Schedule SGCM-l shall remain at $4.50 per kW during the billing months of November through April, and $8.00 per kW for the billing months of May through October. The specific application of the applicable rate schedule to specific connection points may, at the request of the Customer, be enumerated in Exhibits to be attached hereto. Other service points may be identified, in writing, for inclusion under this Agreement at such times as the need for service develops. Nothing in this Agreement shall be construed as precluding the parties hereto from entering into a separate contract for services of a special nature. 4. EFFECTIVE DATE The rates and terms and conditions applicable hereunder are effective July 1, 1997. For service rendered on and after July 1, 1997, Customer will pay to the Company (or the Company will pay to the Customer) the difference between the charges as calculated under the rates attached hereto and the charges as previously paid. 5. GENERAL A. Unless otherwise specifically agreed in writing, this Agreement cancels and supersedes as of the effective date hereof all previous agreements and supplemental agreements between the Customer and the Company for electric service covered by this Agreement. This Agreement shall inure to the benefit of and be binding upon the successors or assigns of each of the parties hereof. 5. GENERAL (continued) B. This Agreement shall be binding upon the Customer and the Company only when executed by a duly authorized official or authorized representative thereof, and shall not be modified by any promise, agreement or representation of any agent or employee of either party hereto except in writing and executed by such a duly authorized official or officer. C:IMY DOCUMENTSIVMLICITYOFVIRGINIA BEACHCONTRACT.DOC AGREEMENT (Continued) Page 4 of 4 c. The obligations of the Company and the Customer for service under this Agreement are subject to appropriations by Customer's governing body to pay for such service. D. In the event any provision, or any part or portion of any provision of this Agreement shall be declared by a court of competent jurisdiction to be unlawful, invalid, void or otherwise unenforceable, the remainder of this Agreement shall be severable and remain enforceable. Only the provision (or part or provision thereof) so declared shall be considered unlawful, invalid, void or otherwise unenforceable. VIRGINIA ELECTRIC AND POWER COMPANY By: Title: Director - Energy Efficiency Name: T. Wayne Belvin Date: CUSTOMER'S NAME: CITY of VIRGINIA BEACH By: Title: Name: Date: At a regular meeting of the of the of held on , 19 -' this Agreement was presented for approval as prescribed by its rules of order, was approved, and the above officer was authorized to execute same on its behalf. Attest Clerk APPROVED AS TO CONTENTS -~~~ -- 51GNA W¡1E ~üb\js Wol'K5_----- :-;E~'."...RT/"\(Nf APPROVED A5 TO iJC:Þ,L ./fI.'tJC:j Cry ^ïTO~N(Y CIMY DOCUMENTSIVMLICITYOFVIRGINIA BEACHCONTRACT.DOC Attachment Z ADDENDUM AGREEMENT FOR THE PURCHASE OF ELECTRIC SERVICE BY MUNICIPALITIES AND COUNTIES OF THE COMMONWEAL TH OF VIRGINIA FROM VIRGINIA ELECTRIC AND POWER COMPANY This "Agreement for the Purchase of Electric Service by Municipalities and Counties of the Commonwealth of Virginia from Virginia Electric and Power Company" (the Agreement) includes the attachment(s) shown below: List of Attached Letter Supplements Exhibit Location Facility Identification Exhibit A 100 Pine Top Drive, Valentines Virginia Pea Hill Creek Pumping Station Contact Closure Charges Exhibit Title Exhibit B List of Contact Closure Installations Provided as Excess Facilities for Fee Exhibit A 2700 Cromwell Driæ Norfolk, l/irgirlia 23509 September 9, 1997 Mr'. Wayne L. Phelps, PE City of Virginia Beach Department of Public Utilities Water Resources Division Municipal Center Virginia Beach, V A 23456-9041 . VIRGINIA POWEll LEYrER SUPPLEi'rŒNT TO THE AGREEMENT DATED MARCH 10, 1995 FOR THE PURCHASE OF ELECTRICITY FROM VIRGINIA ELECTRIC Ai'fD POWER CO!\-IP Á.J.'fY ,..-:~:;--.... .' .' , .' . - ,~........ ,,( :',; , - , '" :'-\~~" --'.J . "%' "..', '. 8EP '" '.\ '.' i JEW :~:. '. PUblic Uti,. . . W.ter R it/as . esource,s RE: Pea Rill Creek Pumping Station Dear Mr. Phelps: The City of Virginia Beach is currently purchasing electricity from Virginia Electric and Power Company D/B/A Virginia Power in accordance with an Agreement dated March 10, 1995. In accordance with your request for Virginia Power to provide service to the Pea Hill Creek Pumping Station located at 100 Pine Top Drive in Valentines, Virginia under Schedule 130- Large Miscellaneous Light and Power Service, the aforementioned Agreement is supplemented as follows: Electricity will be supplied in accordance with Section XI of the Tenns and Conditions of the current Agreement for the Purchase of Electricity between the Municipalities and Counties of the Commonwealth of Virginia and Virginia Electric and Power Company at the referenced location through two (2) delivery points. The kV A made available by the Company at each delivery point, is shown on Exhibit {{ A" . Electricity supplied will be three phase, four wire, wye connected at approximately 2,400/4,160 volts and 60 hertz. Electricity will be metered at approximately 34,500 volts and a discount of tWo percent on the energy charge will be allowed. Effective with the billing month of March 1998, the kW demand used to determine any minimum charges pursuant to the applicable rate schedule (initially Schedule 130 - Large Miscellaneous Light and Power Service) and the kW demand billed thereunder shall not be less than 3,937kW. When the rate schedule under which customer is billed includes a separately stated distribution demand charge, the only demand subject to this minimum kW demand shall be the distribution demand. In no case shall the monthly bill amount be less than $4,639.74, plus the applicable fuel charge. For excess facilities supplied by the Company and located in Virginia, there will be a one-time Facilities Charge payment of $57,162 ($44,312 x 1.29), plus a continuing monthly Facilities Charge of $292.46 ($44,312 x 0.66%) in accordance with Schedule B of the aforementioned Agreement. For excess facilities supplied by the Company and located in North Carolina, there will be a one-time Facilities Charge payment of $382,496 ($287,159 x 1.332), plus a continuing monthly Facilities Charge of $1,837.82 ($287,159 x 0.64%) in accordance with the Company's Terms and Conditions for sales and services in the state of North Carolina. There will also be a one-time rearrangement charge of $44,027.52 ($33,054 x 1.332). CIMY DOCUr.4ENTSlCVJl\LXGASTONlLTRSUP,OOC.RTP Therefore, the total one-time Facilities Charge payment will be $439,658. The total continuing monthly Facilities Charge, which is in addition to the charges for electricity in accordance with the attached rate schedule, will be $2,130.28 The.term of this Letter Supplement shall be for a period of one (1) year from the effective date and shall continue thereafter until ninety (90) days written notice of termination is given by either party to the other, however, with reŠpect to those provisions regarding distribution facilities, the term of this Letter Supplement shall be for a period of seven (7) years from the effective date and shall continue thereafter until ninety (90) days written notice of termination is give by either party to the other. In all other respects, the Agreement dated March 10, 1995 shall remain in full force and effect. Should the Agreement dated March 10, 1995 be modified or superseded, this Letter Supplement shall be modified accordingly, The sheets attached hereto are made a part hereof and are designated as follows: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit uD" Exhibit "E" Exhibit "F" Schedule 130 - One Line Diagram of Electric Service Facilities - XI. Excess Facilities Service - Attachment p, Schedule B - Excess Facilities Service Rate - Modification of the Letter Supplement - IV, Service Connections, North Carolina - Rider D - Tax, Effect Recovery, Nonh Carolina - Large Miscellaneous Light and Power Service If you agree with the provisions of this Letter Supplement, please have an auÙ1orized official execUte all three (3) originals in the spaces provided and rerum them to me, After facilities have been installed, this Letter Supplement will become effective and a copy will be returned to you for your files. Sincerely, wkt- Willie Holt Account Manager ;~~~""-.-::..".=.,.".:_-,:,--..--.,,.., .._, ~ . ~ . ~ A~::??(f}::-:T: .:"'~:; -;-;-~ t Lf';G::',:.. ~,:.:..:(::t'< !':><:",' Attachments j¡J~ØY-!/~JA/ '. '-"-':-".',"'.-::-"'~c."~':'-"--'::":"=-'-~'.. -'-, ,.. ACCEPTED: CITY OF ~ By: C. ORAL LAro'iEERl, JR. Title: ChIef of St1!1 Date: I '7-- . /8. q r ~ ¡é.. ;,L ~ ¿J;-",- ~ " ~ c./ t1dJ ~ The effective date of this Letter Supplement is: ACCEPTED: vmG~ By: 1) T II&'u:Jód. t:ïr c.AA~ Title: -ázF- ~ Director - Energy Efficiency C/I Date: August 5, 1997 (To be completed by Virginia Power only) ~~ I - 12- q I DATE .::-;.;, r.7'ib ^~ ":'.:) :\\'.,\:u.SiI...':':' G;: ?:.rJ..lr:5 Þf!yf7 ,,\MY DOCUMe<TS\CV8\LXOASTON\LTRSlJP,DOC.RTP .- I. ~ ) , . .- CITY'S ACKNOWLEDGMENT ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, James C. Herwig, a Notary in and for the City and State aforesaid, do he~eby certify that C. Oral Lambert, authorized designee for the City Manager and Ruth Hodges Smith,CMC, City Clerk for the City of Virginia Beach, Virginia, whose names as such are signed to the foregoing Agreement has acknowledged the same before me in my City and State aforesaid. My Commission Expires: February 28, 19 8. ,- - -, I 1 I r 1 1 1 1 I 1 :---1 I , I I 1 1 I 1 ~ I I 1- __I 5000 kV A, 34.5/19.9 - 4.16/2.4 kV . . . . . . . Pea Hill Creek Pumping Station SERVICE PROVIDED: Service provided from a 34.5 kV distribution line through two (2) transformers and delivery points with primary metering. The delivery points are at the secondary bushings of the transformers. Excess distribution facilities are installed at the lake Gaston Substation (series capacitors) and an upgraded section of distribution line was provided in accordance with the Excess Facilities Service plan to accommodate motor starting characteristics at the Pea Hill Creek Pumping Station. INSTEAD OF: Service provided from the existing 13.2 kV distribution line through one (1) transformer and delivery point with secondary metering. LEGEND Company Owned Overhead Distribution - - . Company Owned Underground Distribution 0 E§ Primary Metering Transformer . . . . . Customer Owned Secondary Conductors ,- - -- 1 1 - - - _I Customer Owned Switchgear .-J Seri.. Capacitor -j '" '" '" '" '" '" .~~\'ð- . '" ð-\~'ð- --I\\~ . '" c1J. . '" o\~ '" ~ -~ -I\; lake Gaston Substation VIRGINIA ELECTRIC AND POWER CO. (J) D/B/A VIRGINIA POWER One Line Diagram of Electric Service Facilities City of Virginia Beach - Pea Hill Creek Pumping Station 100 Pine Top Drive Valentines, Virginia 23887 DRw. SCALE KBH N. T.S. DATE Exhibit "A" 08/18/97 EXHIBIT "B" XI. EXCESS FACTI.-ITIES SERVICE Whenever the Customer requests the Company to supply electricity to a single premises as descnoed in Section Xl.A. below in a manner which requires the Company to supply equipment and facilities in excess of those which the Company would normally provide in Section II. and ill. and the Company fmds it practicable, such excess equipment and facilities shall be provided under the following conditions A. Electricity will be supplied through such excess equipment and facilities only to a single preITÙses consisting of contiguous property whose surface is not divided by any dedicated public street, road, highway, alley or by property not owned or leased by the Customer. B. The facilities supplied shall be of a kind and type of transmission or distribution line or substation equipment normally used by or acceptable to the Company and shall be installed in a plaçe and manner as mutually agreed upon. All equipment furnished and installed by the Company shall be and remain the property of the Company. When excess facilities are provided to supply electricity at more than one delivery point, the Company supplied primary facilities interconnecting the delivery points shall be located on the Customer's preITÙses. The charge for such excess facilities shall be calculated as specified in the Excess Facilities Service Rate schedule attached hereto. C. Whe::J.ever a Customer requests the Company to furnish an alternate source of supply that the Company would not normally furnish, the Facilities Charge for the alternate supply facilities shall be calculated as specified in the Excess Facilities Service Rate schedule attached. 'vVhen the facilities used to provide alternate service to a Customer are also used to serve other customers, the cost of such facilities shall be included in the calculation of the Facilities Charge only in the proportion that the capacity reserved for alternate service to the Customer bears to the operating capacity of such facilities. D. The Company shall not be required to make such installations of equipment and facilities in addition to those normally provided until the parties have executed such agreements and fulfilled such othe: conditions as may be appropriate for the installation contemplated. E. Upon initiating service under Section XI for the purpose of master metering multiple delivery points for residential dwellings, the Customer shall not have the option of converting (or reverting) to individual metering for a period of ten years following initiation of the master metering, unless otherwise mutually agreed by the Company and the Customer. F. Nothing in this Section XI. shall be construed to prohibit the Customer from serving any Customer load on any contiguous property whether or not divided by a public street, road, highway, alley or property not owned by the Customer through Customer owned, maintained and operated equipment so long as the other provisions of these Terms and Conditions are not violated. G. Data pulses and, where available, time and data pulses, may be supplied at the Customer's request at the point of metering from Company-owned contact closures in accordance with the following: 1. Data pulses are available only where the Company has, for its own purposes, installed suitable instrument transformer metering equipment or suitable interval data recording metering equipment. The supply of time pulses in conjunction with data pulses is available only where the Company has, for its own purposes, installed suitable interval data recording metering equipment. If the Company changes the type of metering equipment serving the Customer, the Company shall have the right to change the nature of the data pulses provided or discontinue providing pulses altogether, however, any charges to the Customer related to the provision of pulses shall be adjusted accordingly. Electric - Virginia Municipal- County Effective 07-01-94 C:IMY OOCUMENTS\CVB\LXCASTON\L TJtS1IP .DOC.RTf XI. EXCESS FACILITIES SERVICE (Continue~) 2. If, at the service location, the Customer does not have an automated energy management system in normal daily operation which meets the Company's specifications, a facilities charge shall be made in accordance with this Section XI covering the full cost of the contact closures and related excess facilities. 3. If, at the service location, the Customer has installed and has in normal daily operation, an automated ènergy management system which meets the Company's specifications, a facilities charge shall be made as follows: a. Through and including the billing month of June 1995, a facilities charge shall be made in accordance with this Section XI covering the full cost of the contact closures and related excess facilities. b. Effective with the billing month of July 1995, a facilities charge shall be made.for the additional facilities required to supply pulses only to the extent the cost of the additional facilities. exceeds the cost of a standard contact closure installation. The standard installation shall be for electricity- delivered at 480 Volts or less- shall be based on supplying pulses for the actual number of Company-supplied delivery points not to exceed four Company-supplied delivery points; and shaH include data tranSmission wiring betWeen the actual number of Company-supplied delivery points, not to exceed four Company-supplied delivery points, v..-ith such wiring utilizing Customer installed, owned, and maintained conduit. 4. \vnen pulses are supplied in accordance with Paragraph XI.G.J., above, the Customer's energy management equipment and any records relating directly to (a) the maintenance of such energy management equipment and (b) the use of the pulses for load control purposes, shall be subject at all reasonable times to inspection by the Company. The Customer shall maintain such records which cover the most recent six. months of the equipment's operation. 5. The nature of time and data pulses vary according to the specific equipment involved and, accordingly, the Customer shall exercise due diligence in determining the nature of the pulses supplied. Upon (a) installation of the facilities used by the Company to supply pulses and (b) any subsequent changes in the nature of the pulses supplied, the Company will provide the Customer written notification of the number of circuits, whether the pulses are totalized or non-totalized, and whether the pulses include or exclude time pulses. 6. The Company shall not be responsible for any of the following: a. the control equipment betWeen the Customer's equipment and the Company's metering points, b. the precise synchronization of the Company's meter clock time with the clock time used by the Customer, c. the accuracy or malfunction of the Customer's related equipment, or d. the Customer's use, misuse or misapplication of the pulse data. 7. The Company may make reasonable and necessary changes to the Company's facilities involved in the supply of time or data pulses, including, but not limited to, changes in the current transformer ratios, changes in the potential transformer ratios, and changes in the pulse initiating equipment. The Customer shall be responsible for making any changes to the Customer's equipment necessitated by changes in the Company's equipment. 8. For services provided by the Company pursuant to Paragraph XI.G., the Company shall not be liable for any losses or damages whether based on contract, strict liability, or warranty (whether expressed or implied), arising from, caused by, or resulting from the use or misuse of such services by the Customer or the supply of such services by the Company. Electric - Virginia Municipa1- County Effective 07-01-94 C;\MY DOCUMENTSlCVB\LXGASTON\1.. T1<SUP .DOc.RTf . . EXIllB IT "C" Attachment P SCHEDULE B lVIUNICIPAL A1'ID COUNTY EX CESS FACILITIES SERVICE RATE When the Customer is provided .excess of normal facilities in accordance with Section XI of the Terms and Conditions of which this schedule is a pan, the Customer will pay' a facilities charge as follows: . A. The Customer agrees to pay the Company a Monthly Facilities Charge equal to 1.58 % of the estimated new installed cost of all facilities provided by the Company in addition to those facilities which the Company would normally provide to supply electricity to the CustOmer at one delivery point. The Monthly Facilities Charge will be in addition to the charge for electricity in accordance with the applicable rate schedule. B. In lieu of the charge specified in Paragraph A. above, the CustOmer agrees to pay, (a) a one-ti.ine Facilities Charge equal to the estimated new installed cost of all facilities provided by the Company in addition to those the Company would normally provide multiplied by a tax. effect recovery factOr of 1.29, plus (b) a Monthly Facilities Charge equal to 0.66% of said cost. Electric - Virginia Municipal - County Superseding Schedule Effective 07-01-91 This Schedule Effective 07-01-94 C\MY DOCUMENTS\CV\LXGASTO~LTRSIJP.DOC.RTP EXlllBIT "D" MODIFICATION OF THE LETfER SUPPLEMENT When this Letter Supplement is to be modified as a result of replacement, removal or abandonment of excess facilities, the fq.1lowing charges, as appropriate, will apply in addition to any adjustment of the facilities charges as outlined in this Letter Supplement: A. When excess facilities are to be replaced with other excess facilities, the Customer agrees to pay the estimated costs for removal, less salvage, plus the cost of installation/reinstallation of all facilities required under the facilities charge, including the cost of transformers and meters. However, such cost shall be reduced by the additional facilities charge base calculated for the additional excess facilities. B. When excess facilities are to be replaced and such replacement also requires an increase in the theoretical normal service capacity, the rearrangement charge under A. above shall apply, however, such 'charge shall be reduced by the amount theoretically spent to increase the normal service capacity. C. When excess facilities are to be removed during or after the initial term of contract, and the Customer made an initial one-time facilities charge payment, the Customer agrees to pay the cost of any removal, less (excluding any credit for transformers and meters) of such excess facilities. D. When excess facilities are to be removed during or after the initial term of contract, and the Customer made no initial one-time facilities charge payment, the Customer agrees to pay the depreciated reproduction cost for the installation of such excess facilities (excluding the material cost for transformers and meters), plus the cost of removal, less salvage. E. When excess facilities are to be abandoned, where the Customer made no initial one-time facilities charge payment, the Customer agrees to pay the depreciated reproduction cost of such facilities. ~IMY OOCUMENTS\CV9lLKGASTON\L TRSUP .DOC.RTP Exhibit "E" IV. SERVICE CONNECTIONS A. Normally, the Company will supply and meter at one delivery point electricity of the characteristics desired by the Customer at the delivery point. .. B. A service connection charge of $20.55 will be made whenever service (other than temporary semce) is initiated by any Customer at a specified delivery point, or resumed after discontinuance at the Customer's request. This charge shall apply to each separate delivery point and will be in addition to any other charges required to provide the Customer with electricity. C. The Company will make application for the permits and acquire the easements necessary for it to provide service to the property occupied by the Applicant or Customer, except that Applicant or Custom~r may be required to assist in securing such permits and easements on private property. The Applicant or Customer will apply for, obtain, and deliver to the Company all other permits or certificates necessary to give the Company the right to connect its conductors to the Applicant's or Customer's wiring, and access for all other proper purposes, including an easement from the landowner for the Company's facilities. The Company shall not be required to supply electricity until a reasonable time has elapsed after the Company has obtained or received all necessary permits, certificates, and easements, The Company shall further not be obligated to supply electricity until Applicant or Customer has properly prepared the site for installation of the company's facilities. This preparation is to include, but not be limited to, surveying, staking, grading and clearing of vegetation and debris, as required by the Company. D Should any change or changes in the service connection fuITÙshed the Customer by the Company be made necessary by any requirement of public authority, the entire cost of such changes on the Customer's side of the delivery point shall be borne by the Customer. E All electricity will normally be metered at the voltage delivered to the Customer; however, the Company reserves the right, where it desires for its own purposes, to meter the electricity on the Company's side of the transformer or transformers, but the Customer will then be allowed a discount of 2% on the energy charge. F. Vlhenever a Customer requests that the Company supply electricity to a single premises in a manner which requires equipment and facilities in excess of those which the Company would normally provide, and the Company finds it practical to do so, such excess equipment and facilities will be provided under the following conditions: 1. Electricity will be supplied only to a single premises consisting of contiguous property whose surface is not divided by any dedicated public street, road, highway, or alley or by property not owned or leased by the Customer. 2. The facilities supplied shall be of a kind and type of transmission or distribution line or substation equipment normally used by or acceptable to the Company and shall be installed in a place and manner satisfactory to the Company. All equipment furnished and installed by the Company shall be and remain the property of the Company. When excess facilities are provided to supply electricity at more than one delivery point, the primary facilities interconnecting the delivery points shall be located on the Customer's prerruses. 3. Excess facilities, or those facilities provided by the company in addition to those facilities normally provided to supply electricity to the Customer at one delivery point, may be installed by the Company under either of the following options: Filed 03-03-93 Electric-North Carolina This Filing Effective 02-26-93. ~\M Y DOCUMENTS\CVB\LXGASTON\L TIlSUP .DOC. RTP IV. SERVICE CONNECTIONS (Continued) a. The Customer agrees to pay (i) a one-time charge equal to the estimated new installed cost of all excess facilities multiplied by a tax effect recovery factor as prescnoed by the commission plus (ii) a monthly charge of 0.64% of the estimated new installed cost of all excess facilities, which includes replacement and maintenance charges for the excess facilities. b. Electricity will continue to be supplied as follows only to those served locations that were contracting for service in accordance with the following provisions prior to May 25, 1988. The Customer must (i) agree to pay a one-time charge equal to the estimated new installed cost of all excess facilities multiplied by a tax effect recovery factor as prescribed by the Commission and (ii) agree to reimburse the Company for any expenditures required for the replacement and maintenance of such facilities, necessary to provide a continuous supply of electricity to the Customer. The Company will, whenever possible, review the anticipated replacement and maintenance costs with the Customer before the additional facilities are installed. However, emergency conditions may not allow for review of the estimated charges prior to such installation but such charges will still apply. c. The Customer agrees to pay the Company a Monthly Facilities Charge equal to 1.59% of the estimated new installed cost of all facilities provided by the Company in addition to those the Company would normally provide to supply electricity to the Customer at one delivery point. The Monthly Facilities Charge will be in addition to the charge for electricity in accordance with the applicable rate schedule. 4. The monthly charges contained in Subparagraph 3. above will be billed monthly and will be in addition to the normal charges for electricity in accordance with the applicable rate schedule. 5. \Vhenever a Customer requests the Company to furnish an alternate source of supply that the Company would not normally furnish, the Facilities Charge for the alternative supply facilities shall be calculated as in Subparagraph 3. above. When the facilities used to provide alternate service to a Customer are also used to serve other customers, the cost of such facilities shall be included in the calculation of the Facilities Charge only in the proportion that the capacity reserved for alternate service to the Customer bears to the operating capacity of such facilities. 6. The Company shall not be required to make such installations of equipment and facilities in addition to those normally provided until the Customer has signed such agreements and fulfilled such other conditions as may be required by the Company. G. An electric service in addition to the regular service, to be used as an alternate source of supply of electricity for all or part of the Customer's load, will continue to be provided as follows only to those service locations that were contracting for service in accordance with the following provision on August 1, 1973 and only at the premises occupied by those Customers on that date. Filed 03-03-93 Electric-North Carolina This Filing Effective 02-26-93. C:IMY DOCUMeNTSICVB\uc.GASTOHlL TRSUP .DOC.RTP IV. SERVICE CONNECTIONS (Continued) Such additional electric service will be furnished where (a) the Customer has paid to the Company in advance an amount sufficient to cover the entire cost of making such additional service available, (b) the Company has specified the characteristics of the electricity furnished through the additional service and the voltage at which it will be metered, and (c) the load for which the additional service is furnished has been so installed or connected that it will normally be supplied with electricity through the meter on the regular service. The amount of load which may be used on such additional service shall be specified in an agreement and shall not be exceeded without the written consent of the Company. Electricity shall be used through the additional service in lieu of and only when the supply of electricity through the regular service is temporarily inadequate. The electricity purchased through such additional service will be metered and billed separately on the rate schedule included in the agreement for the purchase of electricity through the regular service and shall not be subject to any discounts. The monthly minimum charge for the additional service will be $18.25 per meter. Filed 03-03-93 Electric-North Carolina This Filing Effective 02-26-93. c:,\MY DOC1JM ENTS\CV 8\UCGASTOHI L TRSUP . DOC. RTF . . Exhibit "F" RIDER D TAX EFFECT RECOVERY Contributions in aid of construction (contributions) made pursuant to the following provisions of the Terms and Conditions shall be multiplied by a Tax Effect Recovery Factor (TERF) of 1.332 to detennine the total payment amount due from the Customer (or Applicant): 1. Section IV - Service Connections, Paragraphs F.3.a. and F.3.b. (one-time charge only) 2. Section XXII, Electric Line Extensions and Installations 3. Underground Electric Service Plan F The TERF shall also be applieå to other contributions that may occur from time to time to the extent they are classified as taxable income to the Company. However, the TERF shall not be applied to contributions for the provision of temporary service. Filed 09-03-91 Electric-North Carolina This Filing Effective 09-03-91 c,IMY DOCUMENTSlCVB\LKGASTON\LTRSUP.OOC.RTP Attachment F-2 SCHEDULE 130 M1JNICIPAL AND COUNTY LARGE MISCEll..ANEOUS UGIIT AND POWER SERVICE 1. APPLI CAB ILITY This schedule is applicable for the supply of 50 kW or more to any account (Customer) for any municipality or county or any board. agency or authority thereof. for miscellaneous light and power service. II. 30-DA Y RATE A. Basic Customer Charge per billing month 572.58 B. Plus Power Supply Demand Charge All kW of Power Supply Demand (per kW) 57.734 c. Plus Distribution Demand Charge 0"-\ First 700 kW of billing demand (per kW) Next 4,300 kW of billing demand (per kW) Additional kW of billing demand (per kW) 51.412 51.128 50.971 D. Plus R.KV A Demand Charge All rkV A of Demand (per rkY A) SO.15 E. Plus Energy Charge First 24,000 kWh (per kWh) Next 186,000 kWh. (per k\\Th) Additional kWh (per kVlh) 3.043 t 2.367t 1.934t . If Power Supply Demand is 1,000 kW or more, add 210 kWh for each kW of demand over 1,000 kW. F. Plus each kWh used is subject to adjustment for changes in fuel costs in accordance with the Fuel Adjustment Clause attached hereto. G. The minimum charge shall be such as may be contracted for, but not less than the sum of the charges in A., B., c., and D., above. (Continued) '."'.._:_:__1 r~..~...., Superseding Schedule Effective for Usage ;',.,...,...., ()7_()1_0d. T},rnl1ah nÎ-Î7-95 Electric - Virginia Attachment F-Z SCHEDULE 130 (Continued) MUÑïCIPAL AND COUNTY ~- ~>~- LARGE MISCELIA1'-n:OUS UGHr AND POWER SERVICE ill. DETERMINATION OF POWER SUPPLY DEMAND A. Except as provided under ill. B., the kW of demand billed under II. B. shall be the highest of: 1. The highest average kW measured in any 30-minute interval during the current billing month~ or 90% of the highest average kW of demand measured at this location in any 30-minute interval during the billing months of June through September of the preceding eleven billing months, or 2. 3. 50 kW. B. Where the kW of demand determined under ill. A. is 1,000 kW or more, the kW of demand billed under II. B. shall be the highest of: 2. The highest average kW measured in any 30-minute interval of the current billing month during the on-peak hours of: a. 10 a.m. to 10 p.m., Mondays through Fridays, for the billing months of June 1994 through September 1994. Effective with the January 1995 billing month, on-peak hours shall be 10 a.m. to 10 p.m., Mondays through Fridays for the period of June 1 through September 30. 7 a.m. to 10 p.m., Mondays through Fridays, for all other billing months through the December 1994 billing month. Effective with the January 1995 billing month, on-peak hours shall be 7 a.m. to 10 p.m., Mondays through Fridays, for the period of October 1 through May 31. 90% of the highest kW of demand at this location as detennined under ill. B. 1., above during the billing months of June through September of the preceding eleven billing months, or ~ t :.:: ~>/'" 1. b. 3. 1,000 kW. (Continued) ". Electric - Virginia Municipal - County Superseding Schedule Effective for Usage from 07-01-94 Through 02-27-95 IV. v. VI. VIT. Attachment F-2 SCHEDULE 130 (Continued) M1!NICIPAL AND COUNTY LARGE MISCELLANEOUS UGHT AND POWER SERVICE DETERlvilliATION OF DISTRIBUTION DElvíAND The Distribution Demand shall be billed only where the service voltage is less than 69 kY. The kW of demand billed under II. C. shall be such as may be contracted for, but not less than the higher of: A. The highest average kW measured in any 3D-minute interval during the current and preceding eleven billing months, or B. 50 kW DETERMINATION OF RKV A DE11AND Tne rkV A demand shall be billed only where the kW of demand is determined under III. B. The rkV A of demand billed shall be the highest average rkV A measured in any 30-minute interval during the current billing month. lvŒTER READING AND Bll.LING When the actual number or days betv.reen meter readings is more or less than 30 days, the Basic Customer Charg~, the Power Supply Demand Charge, the Distribution Demand Charge, the rkV A Demand Charge, the quantity of kWh in each block of the Energy Charge, and the minimum charge of the 30-day rate will each be multiplied by the actual number of days in the billing period and divided by 30. PAYMENTS Bills are due and payable from the billing date as provided in Section vIT of the Terms and Conditions of the Agreement of which this schedule is a part. (Con tin ued) Electric - Virginia Mnni,..in::ll - r()Ilntv Superseding Schedule Effective for Usage f"T"r".n nÎ_nl-Gd ThT"()l1ah 07_77-c)<; Attachment F-2- . SCHEDULE 130 (Co nrinued) MUNICIPAL AND CO UNIY lARGE MJSCEILANEOUS UGHT AND POWER SERVICE VIII. SERVICE AVAILABLE Nonnally, service will be supplied in accordance with Section II of the Tenns and Conditions of the Agreement of which this schedule is a part. IX. STANDBY, MAINTENANCE OR PARALLEL OPER.A.TION SERVICE A Customer that requires standby, maintenance or parallel operation service may elect service W1der this schedule provided the Customer contracts for the maximum kW which the Company is to supply. Standby, maintenance or parallel operation service is subject to the following provisions: A. Suitable relays and protective apparatus shall be furnished. installed, and maintained at the Customer's expense in accordance with section XII.A. of the Agreement. B. In case the maximum measured kW demand. or 85% of any kY A demand measured, exceeds the contract demand, the contract demand shall be increased by such excess demand. C. Where the service voltage is less than 69 kV, the demand billed under II.c. shall be the contract demand. x. TERM: OF CONTRACT The term of contract for the purchase of electricity under this schedule shall be such as may be mutually agreed upon, but for not less than one year. Electric - Virginia Municipal. County Superseding Schedule Effective for Usage from 07-01-94 Through 02-27-95 .. -þ- ~~ ...n "'" @ .6-. .1 ' "'./ - - Exhibit B List of Contact Closure Installations Provided as Excess Facilities for Fee Account Number Location Base Monthly Amount 0136350006 1272 Mill Dam Road $520 $8.22 1096252505 Princess Anne Road $624 $4.12 1110812508 2433 Princess Anne Road $667 $4.40 1150830006 2409 Princess Anne Road $667 $4.40 1190725000 2461 Princess Anne Road $667 $4.40 1200842506 2449 Princess Anne Road $667 $4.40 1250812508 2409 Princess Anne Road $667 $4.40 1260830003 2416 Courthouse Dr. $667 $4.40 1336280001 2501 James Madison Dr. $667 $4.40 1706305008 2433 Courthouse Dr. $667 $4.40 2236407504 2401 Courthouse Dr. $667 $4.40 2666335001 1700 Dahlia Drive $623 $4.11 9086335008 Courthouse Drive $667 $4.40 9096317509 1848 N. Great Neck Rd. $621 $9.81 9216337502 957 S. Birdneck Road $683 $4.51 - 28- Item VI-H.4. RESOLUTIONS ITEM # 43881 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolutions re appointment of ASSISTANT CITY ATTORNEYS effective August 1, 1998: Roderick R. Ingram Mark G. Mustin Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 10 11 12 13 14 15 16 17 18 19 1 2 3 4 A RESOLUTION APPOINTING RODERI CK R . INGRAM TO THE POSITION OF ASSISTANT CITY ATTORNEY 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That pursuant to § 2-166 of the Code of the City of 8 Virginia Beach, Virginia, Roderick R. Ingram is hereby appointed to 9 the position of Assistant City Attorney, as of August 1, 1998. Adopted by the Council of the City of Virginia Beach, 4 day of August Virginia, on the , 1998. CA-7096 ORDIN\NONCODE\INGRAM.RES R-1 PREPARED: 7/23/98 APPROVED AS TO LEGAL SUFFICIENCY ~ Bty At torney '--- 10 11 12 13 14 15 16 17 18 19 1 2 3 A RESOLUTION APPOINTING MARK G. MUSTIN TO THE POSITION OF ASSISTANT CITY ATTORNEY 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That pursuant to § 2-166 of the Code of the City of 7 Virginia Beach, Virginia, Mark G. Mustin is hereby appointed to the 8 position of Assistant City Attorney, as of August 1, 1998. 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 , 1998. August day of CA-7095 ORDIN\NONCODE\MUSTIN.RES R-l PREPARED: 7/23/98 APPROVED AS TO LEGAL SUFFICIENCY _/~ City Attorney .29 - Item VI-I.1. ORDINANCES ITEM # 43882 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinances to AMEND the City Code: a. Sections 6-7,6-23,6-30,31-1,35-30, and 36-57 re change/rom "Boroughs" to "Districts". b. Sections 28-5,28-7 and 28-8 re replacing the term "Line Fees" with the term "Sanitary Sewer Connection Fees" in Chapter 28. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 AN ORDINANCE TO AMEND VARIOUS SECTIONS OF THE CITY CODE TO REFLECT THE CHANGE FROM "BOROUGHS" TO "DISTRICTS" SECTIONS AMENDED: §§ 6-7, 6-23, 6-30, 31-1, 35-30, AND 36-57 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 That Sections 6-7, 6-23, 6-30, 31-1, 35-30, and 36-57 of the City Code are hereby amended and reordained to read as follows: Sec. 6-7. Litter control on beach. (a) For the purposes of this section, the word "litter" shall have the meaning ascribed to it in section 31-1 of this Code. (b) No person shall discard litter upon any beach within the city. All litter shall be placed in refuse receptacles meeting the requirements of chapter 31 of this Code. (c) All concessionaires and contractors operating on or adjacent to the beaches shall maintain proper litter control by providing receptacles and cleaning up, each day, litter which is deposited within the area of their responsibility. (d) In the Dorough of Virginia Beach District, this section shall apply also to the boardwalk and to grass areas adjacent to the boardwalk and east of the motels. (e) A violation of any provision of this section shall constitute a Class 1 misdemeanor. Sec. 6-23. Net fishing and setting crab pots prohibited in certain waters. It shall be unlawful for any person to set or fish any net or set crab pots in or across any of the lakes within the Dorough of Virginia Beach District or in Raineys Gut, Crystal or Lake, 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Stratton Creek, Lake Rudee, Rudee Inlet, Lake Weoley or 0..;1' 0 Creek in the city. Sec. 6-30. Fishing from Borough. sand beaches of "lirgiftia Beach It shall be unlawful to fish from the sand beaches oouth of the city from 42nd Street in the borough of Virginia Deach to Rudee Inlet between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and holidays from Memorial Day Weekend through Labor Day Weekend. For purposes of this section, Memorial Day Weekend shall be deemed to commence at 6:00 p.m. the Friday before Memorial Day and Labor Day Weekend shall be deemed to end at 6:00 p.m. Labor Day. Sec. 31-1. Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: . . . Resort area includes all real property within the borough of Virginia Deach RT-l. RT-2. RT-3 and RT-4 Resort Tourist Districts. . . . Sec. 35-30. Notice of change of assessment. (a) Whenever the assessment of any real estate is changed by the city real estate assessor, he shall cause notice to be given by mail directly to each property owner to whom tax bills are sent, as shown by the land books of the city, whose assessment has been changed. Such notice shall be sent by postpaid mail, at least fifteen (15) days prior to the date of a hearing to protest such change, to the address of the property owner as shown on such land books, but the validity of such assessment 2 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 shall not be affected by any failure to give or receive notice. (b) Every notice given pursuant to this section shall, among other matters, show the borough district in which the real estate is located, the amount and the new appraised value of land, the new appraised value of improvements, the new assessed value of each, if different from the appraised value, and the assessment ratio employed by the city. It shall further set out the time and place at which persons may appear before the city real estate assessor and present objections thereto. . . . Sec. 36-57. Parking or stopping of charter buses. (a) Except as otherwise provided herein, the parking of any charter bus or stopping of any charter bus for the purpose of picking up or discharging passengers shall be prohibited from and including the Friday preceding Memorial Day through and including the Tuesday following Labor calendar all Day every year on municipal parking lots and all public streets in the following areas: (1 ) The Virginia Beach Dorough An area bounded on the west by Birdneck Road. on the south by Rudee Inlet and Lake Rudee. and on the east and north by the boundaries of the Beach District, that except charter buses may stop for no more than fifteen (15) minutes to pick up or discharge passengers on 19th Street at Arctic Avenue in a zone designated "15 Minute Charter Bus Loading and Unloading." Furthermore, the Public Parking Lot 4th Street located by Rudee Inlet Loop has been designated as 3 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 a pickup and discharge zone with fee parking for charter buses on a first-come, first-served basis. (2 ) An area in the Lynnhaven Dorough bounded on the south by the northern boundary of the Virginia Deach Dorough Bay Colony Drive, on the west by the Linkhorn Bay and Seashore State Park, on the north by 89th Street, and on the east by the Atlantic Ocean; including limited those but not to communities denoted North Virginia Beach, as Princess Anne Hills, Bay Colony and Cavalier Park. (3) An area in the Lynnha~v~en Dorough bounded on the south by the property m;ned by the COæffiOmJe a 1 th of Virginia Camp Pendleton, on the west by Lake Rudee, on the north by Rudee Inlet, and on the east by the Atlantic Ocean; including but not limited to those communities denoted as Southside, Harbor Point and Croat an Beach. . . . Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day of August, 1998. CA-6995 DATA/ORDIN/PROPOSED/06-007et.ORD PREPARED: July 20, 1998 R3 APPROVED AS TO LEGAL SUFFICIENCY: Law Department 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 2 3 4 AN ORDINANCE TO REPLACE THE TERM "LINE FEES" WITH THE TERM "SANITARY SEWER CONNECTION FEES" IN CHAPTER 28 OF THE CITY CODE 5 6 7 8 9 SECTIONS AMENDED: and 28-8 §§ 28-5, 28-7, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 28-5,28-7, and 28-8 of the City Code are hereby amended and reordained to read as follows: Sec. 28-5. Installment, etc., payment of ~ sanitary sewer connection fees. (a) The director of public utilities is hereby authorized to accept, on behalf of the city, notes for the payment of the ~ sanitary sewer connection fees due under subsection (b) (1) and (b) (3) of section 28-4, for single-family residences and duplexes (no more than two (2) residential units). The terms of each such note shall be all tap and cleanout fees, given as a down payment, with the full ~ sanitary sewer connection fee to be paid within four (4) Installation payments must be made at least years. annually in four (4) installments during the four-year equal period, but may be made more frequently if agreed to by the owner and the director of public utilities. Interest shall be charged at a rate equal to the Prime Rate for u.S. Banks, as published in the Wall Street Journal, when the installment contract is executed, plus three (3) percentage points, not to exceed twelve (12) percent per annum. (b) When a hardship exists, the director of public utilities may allow the down payment prescribed in paragraph (a) above, to be paid by installments over a one-year period; or, if the property is being offered for sale, the director of public utilities may enter into an agreement whereby all fees shall be paid from the proceeds 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 of the sale or within ninety (90) of the date of the days agreement, whichever shall be the sooner. 28-7. Same--For certain generally. financially disadvantaged persons (a) Exemption from of the -l4fie sanitary sewer payment connection fees prescribed by section 28-4 is provided for certain financially disadvantaged property owners who qualify under this section. or his The exemption is to be administered by the city manager authorized designee, herein referred the to as administrator. The administrator is hereby authorized and empowered to prescribe, adopt and enforce such rules and regulations, including the requirements of answers under oath, as may be exemption. reasonably to determine qualifications for necessary The administrator may require the production of certified tax returns and appraisal reports to establish income and financial worth. (b) Exemptions shall be granted under this section subject to the following provisions: (1 ) Title to the property for which the ~ ~ exemption is sought must be held or partially held by the applicant at least hundred (120) prior the days to one twenty installation or scheduled date of installation, whichever comes first, of the sewer line. (2) The dwelling to be connected to the sewer line must be the sole dwelling of the applicant claiming an exemption. (3) The total combined income of the owner and the owner's relatives living in the household during year the immediately preceding the installation must be determined 2 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 by the administrator as not exceeding the most recent federally established poverty thresholds. (4) The net combined financial worth of the owner shall not exceed twenty thousand dollars ($20,000.00), excluding fair market value of the house to be connected to the sewer line. Net combined financial worth shall include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. (c) Persons applying for ~ £ee an exemption under this section must file with the administrator an line fee exemption affidavit, setting in prescribed the by forth, a manner administrator, the location and value the property to be of connected to the line, the names of the persons related to the owner and occupying the dwelling, their gross combined income and their net combined financial worth. (d) Where the person claiming exemption conforms to the standards, and does not exceed the limitations contained in this section, the line fee exemption shall be one hundred (100) percent. (e) wi thin twelve (12) months after an exemption is If, obtained under this section, the applicant's financial position changes so that its effect would be to remove the persona holding the exemption from within the limits and standards of this section, then the person holding the exemption shall refund the amount of the exemption to the city. (f) Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 1 misdemeanor. Sec. 28 - 8. Same--Same--Families target areas. development in communi ty Where connection is made to the public sewer system in a community development sewer ~ sanitary target area, no 3 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 connection fee shall be due under this article from property owners who qualify as low and moderate income as determined by the secretary of housing and urban development or by the Virginia Housing Development Authority under one or more of their rental assistance or homeownership mortgage programs. Through agreement with the city, waivers of ~ sanitary sewer connection fees may also be provided builders who building under the to are aforementioned programs for low and moderate income families. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day of August, 1998. CA-7065 WMM/ORDRES/28-005et.com R-1 June 29, 1998 APPROVED AS TO CONTENTS: Public Utilities APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 4 - 30- Item VI-I.2. ORDINANCES ITEM # 43883 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to APPROPRIATE $197,836 totheFY 1998-1999 Operating Budget of the Department of Parks and Recreation to extend the Elementary After School Activity Center Program hours; establish a Before School Program at five (5) middle schools; establish Before and After School Programs at the Old Donation Center for the Gifted and Talented; and, increase anticipated revenue from Activity Center program registration fees accordingly. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO APPROPRIATE $197,836 TO THE FY 1998-99 OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION TO EXTEND THE ELEMENTARY AFTER SCHOOL ACTIVITY CENTER PROGRAM HOURS, ESTABLI SH A BEFORE SCHOOL PROGRAM AT FIVE MIDDLE SCHOOLS, AND ESTABLISH BEFORE AND AFTER SCHOOL PROGRAMS AT THE OLD DONATION CENTER FOR THE GIFTED AND TALENTED WHEREAS, the Department of Parks and Recreation has successfully provided After School and Summer Activity Center programs since January 1963, and a Before School Activity Center program in conjunction with the Virginia Beach City Public Schools since the fall of 1987; WHEREAS, the Department currently operates 53 Before School, 53 After School, and between 38 and 53 Summer Activity Center programs for elementary school-aged children, as well as 3 to 5 Summer and After School programs for middle school students; WHEREAS, the Activity Center programs are self-supporting and serve approximately 8,000 families and 9,000 children annually; WHEREAS, as a result of the decision by the Virginia Beach School Board to change the operating hours for elementary schools for the 1998-99 school year, it is necessary to extend the operating hours of the After School Activity Center programs for 25 elementary "A" schedule sites by one hour and 28 elementary "B" schedule sites by one-half hour, and increase participant registration fees to cover the additional $159,642 in operating costs; WHEREAS, as a result of the decision by the Virginia Beach School Board to change the operating hours for middle schools, 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 operating costs funded from registration fees in the amount of $19,972 are needed to expand the current Activity Center programs at five middle schools to include a Before School program; WHEREAS, as a result of the decision by the Virginia Beach School Board to establish a home base school for 400 selected elementary gifted students at Old Donation Center for the Gifted and Talented, operating costs funded from registration fees in the amount of $18,222 are needed to establish Before School and After School Activity Center programs at this site; and WHEREAS, to expand the above-referenced Activity Center programs as described, the Department of Parks and Recreation will require a total appropriation of $197,836. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $197,836 FY 1998-99 is appropriated to the Operating Budget of the Department of Parks and Recreation to extend the current After School Activity Center program operating hours by one hour for 25 elementary "A" schedule schools and one- half hour for 28 elementary "B" schedule schools, establish and operate a Before School program at five selected middle schools, and establish and operate Before School and After School programs at Old Donation Center for the Gifted and Talented; and 2. That these appropriations shall be supported by a corresponding increase in anticipated revenue from Activity Center program registration fees. Requires an affirmative vote by a majority of members of City Council. 2 62 63 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 day of August , 1998. CA-7086 ORDIN\NONCODE\P&R-HOUR.ORD R-5 JULY 28, 1998 APPROVED AS TO CONTENT: ~~ Management Servi . APPROVED AS TO LEGAL SUFFICIENCY: ~s.~.1r. Department 0 Law'- 3 - 31 - Item VI-L3. ORDINANCES ITEM # 43884 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to APPROPRIATE $10,002 from the sale of surplus school property to the School Board underground storage tanks (CIP #1-040); and, increase the estimated revenue to the School Board accordingly. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 AN ORDINANCE APPROPRIATING PROCEEDS IN THE AMOUNT OF $10,002 FROM THE SALE OF SURPLUS SCHOOL PROPERTY TO SCHOOL BOARD CIP # 1-040 UNDERGROUND STORAGE TANKS 7 WHEREAS, the School Board owns a parcel of property 8 (known as "Parcel 105") which is located at the intersection of 9 Independence Boulevard and Honeygrove Road and is part of the campus of Old Donation School; WHEREAS, the City needs a 0.0156 acre portion of Parcel 105 (the "Property") together with a permanent utility easement and a permanent traffic control easement (the "Easements") for CIP # 2- 219 Independence Boulevard Phase IV-C (the "Project"); WHEREAS, pursuant to prior authorization of City Council to acquire the right-of-way and for the necessary easements Project, City offered purchase the and the the to Property Easements from the School Board for $10,002; WHEREAS, § 22.1-129 of the Code of Virginia provides that " [w]henever a school board determines that it has no use for some of its real property, the school board may... convey the title to such real property to the county or city or town comprising the school division. ..;" WHEREAS, on July 14, 1998, the School Board adopted a resolution declaring surplus, authorizing the the Property Superintendent to execute an Agreement of Sale on behalf of the Board, and authorizing the Chairman and Clerk of the Board to execute a deed (or other appropriate instrument) conveying or 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 dedicating the Property and the Easements to the City following City Council's adoption of an ordinance appropriating the proceeds of the sale to School Board CIP #1-040 Underground Storage Tanks; and WHEREAS, the Department of Public Works has recommended that City Council appropriate the proceeds from the sale of the Property and Easements to CIP # 1-040, so that the City and VDOT can move forward wi th Boulevard IV-C Phase the Independence project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $10,002, representing the proceeds of the sale of the Property, together with the Easements thereon, are hereby appropriated to School Board CIP # 1-040 Underground Storage Tanks. BE IT FURTHER ORDAINED: That estimated revenue to the School Board from the sale of surplus property is hereby increased in the amount of $10,002. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 August , 1998. day of CA-7093 G:\DATA\ORDIN\NONCODE\SURPLUSP.ORD R1 PREPARED: 7/29/98 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF~ . ......... C~ty Attorney ¿~~ 2 - 32- Item VI-L4. ORDINANCES ITEM # 43885 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to TRANSFER $83,157 from the Tourism and Growth Investment Fund (TGIF) Reserve for Contingencies to the FY 1998-1999 Operating Budget of the Department of Convention and Visitor Development re extending the Beach Street USA Pilot Program through September 3, 1998. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $83,157 FROM THE TOURISM AND GROWTH INVESTMENT FUND RESERVE FOR CONTINGENCIES TO THE FY 1998-99 OPERATING BUDGET OF THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT FOR THE PURPOSE OF EXTENDING THE BEACH STREET USA PILOT PROGRAM THROUGH SEPTEMBER 3, 1998 9 WHEREAS, the Beach Street USA pilot program, which began on June 18, 1998, and was originally scheduled to end on August 16, 1998, was designed to provide a wholesome family entertainment atmosphere for visitors and residents, and to soften some of the nightly behavior problems experienced in the 17th - 25th Street area in recent years; WHEREAS, Beach Street USA has received very positive comments from visitors, residents, Resort Area merchants, the Police Department, and City staff; WHEREAS, due to the success of Beach Street USA, the Resort Leadership Council recently requested that the program be extended through Labor Day Weekend and, thereafter, requested that it be extended through the Neptune Festival; WHEREAS, Cellar Door Productions of Virginia, Inc. (Administrator of the "Beach Events Program") and Busch Gardens have both indicated a willingness to continue their involvement in Beach Street USA beyond the program's currently scheduled expiration date; WHEREAS, based upon program revenue and expenditures to date, it is anticipated that the current budget for Beach Street USA will be exhausted on or about August 10, 1998; WHEREAS, the additional cost of extending Beach Street USA through September 3, 1998, Labor Day Weekend (September 7, 1998), and the Neptune Festival (September 27, 1998) is anticipated to be $83,157, $96,434 and $163,053, respectively; WHEREAS, the Department of Convention and Visitor Development recommends that the program be extended through September 3, 1998; and WHEREAS, there is a sufficient balance within the Tourism and Growth Investment Fund Reserve for Contingencies to provide the necessary funding for this extension. 31 32 33 34 35 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of$83,157 are hereby transferred from the Tourism and Growth Investment Fund Reserve for Contingencies to the FY 1998-99 Operating Budget of the Department of Convention and Visitor Development for the purpose of extending the Beach Street USA pilot program through September 3, 1998. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4thday of August, 1998. CA-7105 ORDINIDA T A/NONCODE/BEACHES.ORD JULY 30, 1998 R4 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: w~~~ Management Services ~~ '-----City Attorney's Office VIRGINIA BR~CH City of Virginia Beach Convention & Visitor Development 2101 Parks Avenue, Suite 500 Virginia Beach, VA 23451 (757) 437-4700 (757) 437-4747 (Fax) Memorandum DATE: July 17, 1998 TO: James K. Spore, City Manager FROM: James B. Ricketts, Director, CVD ?i~ RE: BEACH STREET USA As you know, the Beach Street USA pilot program began on June 18th and was due to end on August 16th. The original budget for this pilot program was $250,000 to be funded by: (1) (2) (3) $150,000 from TGIF $50,000 from reallocated BeachEvents money private sector funds from sponsorships, grants and in-kind contributions Although some funds were allocated for banners and collateral promotional material, the majority of the funds were related to entertainment costs. According to BeachEvents the current budget will be exhausted on or about August 10th instead of August 16th. The reasons for the shortfall are: (1) (2) (3) unbudgeted expenses only one rained-out night as of this date only $3,450.00 raised in sponsorship pledges. The Beach Street USA concept and program has received very positive comments from visitors, residents, resort merchants, police and other City staff. The first phase of research conducted in June to evaluate the program has been extremely encouraging and positive. Generally speaking the program seems to be achieving its objectives of providing a wholesome family entertainment atmosphere for our visitors and residents, attracting more families to Atlantic Avenue later on in the evening, and softening the nightly behavior issues experienced in the 17th - 25th Street area in recent years. The Resort Leadership Council recently requested that the program be extended through this Labor Day weekend. More recently they have requested that the program be extended through the Neptune Festival which ends on September 27, 1998. James K. Spore July 17, 1998 Page 2. BeachEvents has provided the following three budget alternatives for extending the program (see attachment): Scenario A - Extend the program to the Labor Day weekend, September 3rd. Cost: $83,157.18 Scenario B - Extend the program through Labor Day weekend, September 7th. Cost: $96,434.38 Scenario C - Extend the program through the Neptune Festival September 27th. . Cost: $163,053.31 A decision needs to be made quickly regarding the extension of the program in order to allow both Busch Gardens and BeachEvents to extend their. entertainment contracts with the performers. The Busch Band would only be available through Labor Day weekend. After considering all options, my recommendation would be to provide TGIF funds in the amount of $83,157.00 in order to extend the program to September 3, 1998. We should then focus our energy on next year's program in terms of upgrading and expanding the entertainment, identifying funding options for the operating costs (approximately $500,000), strengthening our relationship with Busch Gardens and identifying the design and operating costs related to better theme that portion of Atlantic A venue designated as the Beach Street USA district. We also need to develop a long-range action plan for the Beach Street USA concept as well as a marketing and public relations plan to market the concept to our visitors. Attached for your information and that of City Council are the following: 1) BeachEvents budget alternatives to extend the program; 2) Phase I of Beach Street USA survey conducted by Continental Research. Weare also doing surveys this month and August; 3) Package prepared by the Resort Leadership Council and Spectrum Puppets with supporting letters, comments, supporting business signatures and a great video. 4) Miscellaneous letters. I am available should you have any questions. Id:JBR Attachments . , BEAWEVENTS - - - - --- P ß n un DB ye f n A 8 D n R TO: JIM RICKE~VISION Y BOBBY MELA ITI EXTENSION OF "BEACHSTREET U.S.A." 1998 FR: RE: PLEASE NOTE THE FOLLOWING COSTS AFFILIATED WITH EXTENDING THE PROGRAM. SCENARIO CIA" FINISH DATE THURSDAY SEPTEMBER 3RD $23,293.33 X 3.57 WEEKS - $ 83,157.18 SCENARIO "8" FINISH DATE MONDAY SEPTEMBER 7TH SCE~O "C" $23,293.33 X 4.14 WEEKS - $ 96,434.38 FINISH SUNDAY SEPTEMBER 27TH $ 23,293.33 X 7 WEEKS = $163,053.31 PLEASE FEEL FREE TO CALL ME IF YOU REQUIRE ANY FURTHER DETAILS. cc: File Lindwood Branch (tTífti.- H j't\, ~.^ -, (I J 305 Lynnhaven Pa~~ay. Suite 201 . Virginia Beach, Virginia 23452 . 757-463-1940 . Fax 757-463-3769 TO IØ ,.,., ~~"'" "^"-.,,, 7-14-19983:02PM FROM CELLAR DOOR VA 757 463 3769 P.2 ".-. BEAOIEVENTS - - - - P On uTl DB YC fTI AU on H 07/09/98 TO: JIM RICKETTS ROB HUDO11E RICHARD MADDOX FROM: BOBBY MELATTI RE: BUDGET TO CONTINUE "BEACHSTREET U.S.A." As per my memo dated July 71h ,we project that the fundíng for the above referenced program will be exhausted on or about August 9th . Per the request of the Resort Leadership COlwcil, I am forwarding you this provisional cost for continuance through Thursday, September 3rd . r Using September 3tú as a stop date for the program translates to 3 weeks and 4 days. Therefore !be amount needed to extend would be: $23,293.33 X 3.57 weeks = $83,157.18 This would allow the program to continue without compromise.W e do) however, need to act quickly as the better perfonners "pool" will dry up given no commitment. We agree to continue to administer the program, tree of any administrative costs through the potential finish date of Sept. 3rd should additional funding become available. Please advise me should you require more detailed financial information. Cc: Linwood Branch r " '. ?r'ir:,I""..,¡.,.,\"",O."I('.\I~...~";'"~r1.\,f;",,;,,,;"!:.',~-"\I;,,.:^;^"'~.jC:""""~"'\~"""',f".-- ---.-".-,'" 7-14.-19983:02PM FROM CELLAR DOOR VA 757 4.63 3769 P.3 ,.... , BEAOIEVENTS - ------- P ß n u nO Bye f TI A BOn ß TO: JIM RJCKEns ROB HUOOME JULY 7, 1998 FR: RE; RECONCILIATION AS OF JULY 6. 1998 FOR "8~STR~U.S.A." BALANCE IN ACCOUNT: $57,167.23 AVAILABLE FUNDS BEACHEVENTS; $40,000.00 r. DEPOSITS ON ARTISTS: $18250.00 " SPONSORSHIP PLEDGES: $3,450.00 TOTAL AVAILABLE FUNDS REMAINING: $118,867.23 COST PER WEEK - ARTISTS COST PER WEEK - SECURITY COST PER WEEK - MISC COST PER WEEK - SITE CORD AVERAGE COST PER WEEK # OF WEEKS LEFT $20,460.00 $1,000.00 $500.00 .$1333.33 $23,293.33 5.1 THE PROGRAM WILL BE AT $0.00 ABOUT OR ON AUGUST 9 ASSUMING NO RAIN DAYS. cc: Linwood Branch I"" ^, '. 305 Lynnhaven Parkwav. Suire 201. VirQir1ia Bf!'Jch. I/iroini;¡ 23JS2. 7¡;7"!q.10~n . Ç~/"'C;ë I""':"~:; r r. u./l~/~ö UJ:45 fAX ~O3 ".....,- .. June 30, 1998 Mr. Jim Spore, City Manager City Manager's Office Municipal Center 2401 Courthouse Drive Virginia Beach, Virginia 23456-9001 Dear Mr. Spore: Last night, June 29, 1998, I took the time to checkout with my family "Beachstreet", We walked from 25th to 17th Street and I was overwhelmed by both the entertainment and the family atmosphere created by the new program. All I have heard since it began are positive and enthusiastic comments. All those responsible should feel proud! I have the distinction of being the oldest member of the Beach Events Steering Committee and have seen all the changes over the past years. This program is working. Sincerely, A.~ Senior Vice President AMR:chk Blind copy: Danielle Batdorf J4- Tl~ ~ ~- C:t ) '~ - 33- Item VI-L5.a. ORDINANCES ITEM # 43886 Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance re temporary encroachment (PRINCESS ANNE - DISTRICT 7): a. Into a portion of the City's right-of-way by BEACH FELLOWSHIP CHURCH to construct and maintain a sign at 1817 General Booth Boulevard, subject to: 17le following conditions shall be required: 1. It is understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Department of Public Works' specifications and approval as to size, alignment and location. 2. It is understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the applicant and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as General Booth Boulevard by the applicant; and the applicant shall bear all costs and expenses of such removal. 3. It is understood and agreed that the applicant shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. 4. It is understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance of construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. 17le applicant agrees to maintain said encroachment so as not to become unsightly or a hazard. 6. It is understood and agreed that the applicant must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. 7. It is understood and agreed that prior to issuance of a Highway Permit, the applicant must post a Performance Bond in the amount of$1, 000. 00, and show proof of public liability insurance of a minimum of Five Hundred 17lousand Dollars ($500,000.00). August 4, 1998 - 34- Item VI-L5.a. ORDINANCES ITEM # 43886 (Continued) 8. It is understood and agreed that the applicant shall obtain and keep in force All Risk Property Insurance and General Liability Insurance or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. 17le applicant also agrees to carry Comprehensive General Liability Insurance in an amount not less that $500,000.00, combined single limit ofsuch insurance policy or policies. 17le applicant will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. 17le applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the encroachment. 9. It is understood and agreed that the City, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the applicant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and pending such removal, the City may charge the applicant compensation for the use of such portion of the City's right-of way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. * 17le applicant agreed to install a seventy-five foot (75 ï landscape around subject sign. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret 1. Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 Requested by Department of Public Works 2 3 4 5 6 7 8 9 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY'S RIGHT- OF-WAY AT GENERAL BOOTH BOULEVARD BY BEACH FELLOWSHIP CHURCH ITS HEIRS, ASSIGN AND SUCCESSORS IN TITLE WHEREAS, Beach Fellowship Church, desires to construct and maintain a sign into the City's right-of-way located at 1817 General Booth Boulevard. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2018, Code of Virginia, 1950, amended, to as authorize a temporary encroachment upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2018, Code of Virginia, 1950, as amended Beach Fellowship Church its heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment sign in the City's right-of-way as shown on the map entitled: "PLAT SHOWING ENCROACHMENT OF BEACH FELLOWSHIP CHURCH SIGN INTO GENERAL BOOTH BOULEVARD R/W PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA, "Dated October 27, 1997, and prepar~d by Gallup Surveyors & Engineers, Ltd., a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Beach Fellowship Church, (the "Agreement") which is attached hereto and incorporated by reference; and 35 36 37 38 39 40 41 42 43 44 45 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Beach Fellowship Church and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, 4 August Virginia, on the day of , 1998. CA-# '/1'"/0 SBURNS\KENNEDY/BCHFELOW.ORD R-l PREPARED:SB ~D AS TO CON'l'ENTS C.&w-. SIGNATURE ~j¡i: úJoKih- fM/ ê4lGk DEPARTMENT y 2 EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 PREPARED BY VIRGINIA BEACH CITY A nORNEY'S OFFICE THIS AGREEMENT, made this 1~-~ day of }JY-:CY:"/t)ßJ:JZ , 1917 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and the TRUSTEES OF BEACH FELLOWSHIP CHURCH, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to install and maintain a sign for identification purposes in the City of Virginia Beach: and WHEREAS, in installing and maintaining such sign, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as General Booth Boulevard: and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such sign within a portion of the City's right-of-way known as General Booth Boulevard. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as General Boulevard' for the purpose Booth installing of and maintaining such sign. It is such expressly understood and agreed that temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the city of Virginia Beach, and in accordance with the City of Virginia Beach Department of Public Works' specifications and approval more size, to alignment location and is as and particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as General Booth Boulevard identified as "PROPOSED SIGN" as shown on that certain plat entitled: "PLAT SHOWING ENCROACHMENT OF BEACH FELLOWSHIP CHURCH SIGN INTO GENERAL BOOTH BOULEVARD R/W PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA," dated October 27, 1997, Scale: 1" = 60', prepared by Gallup Surveyors & Engineers, Ltd., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that wi thin thirty (30 ) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as General Booth Boulevard by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the 2 City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the city's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway Permit, the party of the second part must post a Performance Bond in the amount of $1,000.00, and show proof of public liability insurance of a minimum of Five Hundred Thousand Dollars ($500,000.00). It is further expressly understood and agreed that the party of the second part shall obtain and keep in force all Risk 3 Property Insurance and General Liability Insurance or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable. The party of the second part also agrees to carry comprehensive General Liability Insurance in an amount not lees than $500,000.00, combined single limits of such insurance policy or policies. The party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The party of the second part assumes all responsibilities and liabilities, vested or contingent, with relation to the encroachment. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the 4 City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the TRUSTEES OF BEACH FELLOWSHIP CHURCH, the said party of the second part, have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that th~ city of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its city Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk BEACH FELLOWSHIP CHURCH ~ ROO~~~=stee By Ir~rY!:~ By 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 19 , by , , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: th i s qtih:ay f ::e~:n7~t w:s 1 :C9~7, e::edRO:::r:o:~ Trustee, on behalf of BEACH FELLOWSHIP CHURCH. My Commission Expires: ~(J St¡¿~ Notary Pub I ic V 7-3)-dOO / 6 ,// ~. . .' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: th i s ~h:ayf 0:;90 i¡;;;;= wa~ : :~~d::d I ::f :::;~ Trustee, on behalf of BEACH FELLOWSHIP CHURCH. My Commission Expires: q~~~ 1,3/..;)00 I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~ ~e foreg~g inst~ent was ac~~ledg~ this ~ day of ~, 1997, by Mickey Trustee, on behalf of BEACH FELLOWSHIP CHURCH. before me Shirley, ~ ~t:¿ My Commission Expires: '7 -3/ -¿;too ( 71<' -EED AS TO CONTENT ~3tt . SI;A E q~. -.--- g~~þ."'MrNT . ~"r-' .".: ','!'~-C) I\~ TO J. .-; ,,'".:' \. ,. , - ,-,.,. r" . . --' ' '_h' LEGP~- SUFFICIENCY *¥df 7 00 lOCATION MAP FOR ENCROACHMENT REQUEST 7 BEACH FELLOWSHIP CHURCH ON GENERAL BOOTH BLVD. &1 PREPARED BY PIW ENe. DRAFT. 111 3-98 ~ ~~ GALLERY AVENUE (50' R/W) MB 169 P 42 °<9 ~.> 70 .-<) <9~ <:9 -~ ~ , I () ~'V ...S~ t>-~S ~ l ~ ~C'l-- ,\J ~ OÞ-~ ~~~-i;? ~1 ~~ \JI\) " \ \ ~ ~ :;0 r ~U) ~O ~~ ~J:. -< ~OU) QO t-J ,., C ~~r: --o~{11 -lOJ¿' tJ'~~ ~C) ~~ g~ :;0 ~ -- 3 If) VI t-Jt--1, o~ 0 o~ '0 U' o~ -\ PARCEL A (DB 2710 P 828 - PLAT) PROPOSED S\Gt-& ~~ \ .>v. - ~ ~- 'O' 'v~ v. 'S ~ PARCEL B GPIN: 2415-32-6717 "BEACH FELLOWSHIP CHURCH" DB 2710 P 828 - PLAT ,þ EX. ST. LIGHT EX. CURB & GUTTER " s:'X~~" \' ^ It \ It I EX. SIDEWALK PLAT SHOWING ENCROACHMENT OF BEACH FELLOWSHIP CHURCH SIGN INTO GENERAL BOOTH BOULEVARD R/W PRINCESS ANNE BOROUGH VIRGINIA BEACH. VIRGINIA SCALE: 1" = 60' OCTOBER 27, 1997 10. 't. 'i' q 7 . ð.. (-1 :-to', '-f¡:"D sun\J<=-L/~ "t-..~- .v-- J" GALLUP SURVEYORS & ENGINEERS, LTD. 315 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 PHONE: 428-8132 96-352.1 BOOTl1\ BEACH FELLOWSHIP CHURCH -1817 GENERAL BOOTH BLVD. SIGN GENERAL BOOTH BLVD. LOOKING NORTH ..!~ 'if. -~.. el/elle ~II.EXISTING SIGN GENERAL BOOTH BLVD. LOOKING SOUTH \ i \ ~ ~ ~ 0 \P ~ t t . ;") ~ ~ ~ tß ~ ,~ .., - .,..";j ~ ! .. ~ alC " = I ~ d ' , . Ul, ", ' u ~'," ~, qll ,'" i,:, ~ Ii,'!: r-~ì ¡ , -- '- '-' ~ ~ :' t:) "' /J.l ~ 1...1 -:< 0 " (1-. \!J' ~ -J ..... ~ tV- VJ ~ Q L ~ I ~=.UJLlJUJ r'-" I ~ ... '- - -,8 ..." ~' ~~¿: :.~I!<=:" ",~~>:r ' f,"~~lt:,' :-~! ::': _:~- ~= ~... c ¡:: - z (!) Cf) Z 0 -oJ >"" o..~ ö;; z' ~,... ::> -I -I ~ - C L...U ,~ I I , I - 35 - Item VI-I.5.b. ORDINANCES ITEM # 43887 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance re temporary encroachment (PRINCESS ANNE - DISTRICT 7): b. Into portion of the City's thirty-foot (30~ drainage easement by ALBERT 1. AND CHRISTINE 1. CLAUS to construct and maintain a rip-rap revetment for the purpose of bank stabilization adjacent to 2276 Widgeon Lane, subject to: 17le following conditions shall be required: 1. It is understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. 2. It is understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the applicant, and that within thirty (30) days after such notice is given such temporary encroachment shall be removedfrom the City's 30' drainage easement by the applicant, and that the applicant shall bear all costs and expenses of such removal. 3. It is understood and agreed that the applicant shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. 4. It is understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. It is understood and agreed that the applicant agrees to maintain said encroachment so as not to become unsightly or a hazard. 6. It is understood and agreed that the applicant must obtain a permit from the Development Services Center and/or Waterfront Operations, if required, prior to commencing any construction within the City's 30' drainage easement. 7. It is understood and agreed that the applicant, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes, may require the applicant to remove such temporary encroachment; and, ifsuch removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. August 4, 1998 Item VI-I.S.b. ORDINANCES Voting: - 36- ITEM # 43887 (Continued) 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 Requested by Department of Public Works 2 3 4 5 6 7 8 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S THIRTY FOOT (30 ') DRAINAGE EASEMENT BY ALBERT J. CLAUS AND CHRISTINE J. CLAUS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 9 WHEREAS, ALBERT J. CLAUS and CHRISTINE J. CLAUS desire to construct and maintain a rip-rap revetment for the purpose of bank stabilization within the City's thirty foot (30') drainage easement located adjacent to their property at 2276 Widgeon Lane. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and as of Virginia, 15.2-2107, Code amended, 1950, to authorize temporary within City's encroachments existing the easements subj ect to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, ALBERT J. CLAUS and CHRISTINE J. CLAUS, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a rip-rap revetment for the purpose of bank stabilization in the City's thirty foot (30') drainage easement as shown on that certain plat entitled: "EXHIBIT A PROPOSED RIPRAP BANK STABILIZATION LOCATED IN CITY DRAINAGE EASEMENT FOR ALBERT AND CHRISTINE CLAUS, LOT 80A, SECTION 3 , SANDBRIDGE BEACH, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA, M.B. 222, PG. 17," a copy of which is on file in the Department of Publ ic Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, condi tions and cri teria contained in the Agreement between the City of Virginia Beach and 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ALBERT J. CLAUS and CHRISTINE J. CLAUS (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as ALBERT J. CLAUS and CHRISTINE J. CLAUS and the ci ty Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 August , 1998. day of CA#- 7/)4" 9 TKENN\EN CROACH\CLAUS- 2. ORD R-1 PREPARED: TK DEPARTMENT 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this :1. ,.Vr'\ day of 1\/\/\/,<",-- (\ 19~, by and between the CITY OF VIRGINIA BEACH, "VIRGINIA, a municipal corporation, Grantor, party of the first part, and ALBERT J. CLAUS and CHRISTINE J. CLAUS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part (even though more than one). WITNESSETH: THAT, WHEREAS, the party of the second part is the owner of all that certain lot, tract or parcel of land designated and described as Lot 80A, section 3, Sandbridge Beach, Princess Anne Borough. Said property is also known as 2276 Widgeon Lane, Virginia Beach, VA 23456, and is further identified by the GPIN indicated hereinbelow; and WHEREAS, it is proposed by the party of the second part to construct and maintain a rip-rap revetment in the city of Virginia Beach. Said revetment is for bank stabilization and is intended to continue placement of the rip-rap revetment previously constructed with an approved encroachment agreement recorded in Deed Book 3778, at page 0543; and WHEREAS, in constructing and maintaining such rip-rap revetment, it is necessary that the said party of the second part encroach into a portion of an existing City 30' drainage easement, and said party of the second part has requested that GPIN 2424-95-6042 ~. . .J/ the party of the first part grant a temporary encroachment to facilitate such rip-rap revetment within a portion of the City's 30' drainage easement. NOW, THEREFORE, for and in consideration of the ¡ premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the city's 30' drainage easement for the purpose of constructing and maintaining such rip-rap revetment. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the city of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the city's 30' drainage easement described as: "PROPOSED RIPRAP ENCROACHMENT" as shown on that certain plat entitled: "EXHIBIT A PROPOSED RIPRAP BANK STABILIZATION LOCATED IN CITY DRAINAGE EASEMENT FOR ALBERT AND CHRISTINE CLAUS LOT BOA, SECTION 3, SANDBRIDGE BEACH, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA, M. B. 222, PG. 17," a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. 2 It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given such temporary encroachment shall be removed from the City's 30' drainage easement by the party of the second part, and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center and/or Waterfront Operations, if required, prior to commencing any construction within the City's 30' drainage easement. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part and collect the cost in any manner provided by law for the collection of local or state taxes, may require the party of the second part to remove such temporary encroachment; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ALBERT J. CLAUS and CHRISTINE J. CLAUS, husband and wife, the said party of the second part, has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its city Clerk. 4 (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 1 '1 LfJì~ Claus (SEAL) CltLuv . Claus (SEAL) The foregoing instrument was acknowledged before me this day of , by 19 , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIRGINIA : CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this'~ ~--\.v~ day of (~\.,~.,--o.:..~ , 19 I g , by Albert J. Claus , \ \ \ and Christine J. Clauš, husband and wife. My Commission Expires: ) C) -, =s j - 9 C) " 1"") cT-,) (\ .) "v ,~"'-'>-- I .7) J. -v, -<'.2 ~-. ( Notary Public ,I , \/ tPPROVED A~,: TO CONTENT -" þ./)rk"~ C v'i1u\.5 Ih I .k.: ll, SIGNAJ'VAI^ ,J:iJJ- iJ..( .1J)cedß:. 6J!:d.. &f¡¡j¿. ,. D¡:PAIITMENT -~. ---~----:'~." "~"-="""""""'l I",,~_u'._'_e>_-_..'-~~-- , t, Ç!>:!P.", '.,'\i;.~-,Tì ¡,?,,~, T,O ' l'(.~ ~ ,,',,', '.- -- ",.. , ,""',"'.,"I.,!"'::':'::";""lí::¡,.l("Y I I :i~M'i1- ~ ci= -=J 6 I I I I I I I I I 1 I I I I I I I I I I I 1 1 I I I I I 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I - - - - - - - ..... ..... -..... - -- - - ------ PREPARED BY PIN ENG. DRAFT. 2S-:IUN-1998 I I I I I I I I I I I I I I J , I I I I I I I I I I I I I I I I I I I I I I I I I I I LOCATION ~AP FOR Q\ ENCROACHMENT REQUEST ALBERT & CHRISTINE CLAUS 2276 WIDGEON LANE-f ~/I C' 0 ~ " \ \ \ \ \ \ , '., SCALE: 1" = 100' Proposed Riprap Bank Stabilization Located in City Draiage Easement for Albert and Christine Claus Lot BOA Section 3, Sandbridge Beach Princess Anne Borough, Virginia Beach VA MB 222, Pg. 17 @ 90 91 LU :z: « -J ~ 0:::: « :r: V) CANAL ;of /;-;IA:; %~ Ets~~~o~~ 1-..- - ~. - 4~;?:_.1 !Q @ ~xi5ting Riprap Wall :l~c_ed- in Approved Encroachment I - 1; .--- - - -. . '.. .' ., ",' ^ FENCE CiN '.. .. ill POSTlFJ I DE:¡ r(.~~I0- .3 &. 5' DRAINAGE - s}- Ct"~D &. UTILITY EASEMENT. I (He 45 P, 1.31 . ~J i>.\"::.:.:..;:::~._-:"._- --', 81 "':'ëo~--:':::': ~ i~ !"1rt? 2: :.~:/::.~: I ;g~;/ 80A ;,:::.y :::):/; ;'::';';'. NAtJS '.::':;'.. --- -N 10'48' W 48.78 I~ / WIDGE ON lANE (50' R/WJ ~ ~ ~ ~ g ~~ .... -t .0 011'1 ffi !N ~ 0 1: .IN ~ æ ~. ,. '1j CXI L1i Q)r-- W . ~r-- I,j ~ ~M ~ . ~ ~~ § ,- .) £' ~ ~. - ..... 0 0 ~~ ., I -- BANK LNE &. O.HJ PNfFJ 640' 20' DRAt/AGE EASEMENT /' (tf} 45 P. J ( 79 Exhibit A J &. 5' DRAINAGE t- ó UTUTY EASEHENT 5 (MS 45 P. IJ ,I ~~ 01 --1 '< 2: -< U , w ~ ---.------- .. U.S.A. 01 "- 2: Project located adjacant to a canal tributary of Lake Tecumseh (Brinson Inlet Lake) . R. 45.0' L . 70.69' f NIp' f t SCALE 111 = 40' May-12-9815:28 Bacl< 9ay NWR 75-'216141 ( P.O2 United States Department of the Interior FISH AND WILDLrFE SERVICE BACK BAY NA110NAL WILDLIFE REFUGE PLUM TREE ISLAND NATIONAL WILDUFE REFUGE 400S SANDPIPER ROAD VIRGINIA BEACH. VA 234156-4325 May 7, 1998 Albert and Christine Claus 2276 Widgeon une Virginia Beach. VA 23456 Dear Mr. and Mrs. Claus: Thank you for sending us a copy of the plat of the proposed bank stabilization at 2276 Widgeon Lane, lot 8OA. section 3, Sandbridge Beach, Virginia Beach. VA 23456. We have reviewed the drawings, have visited the site and have carefully considered your request to place rip rap revetment for bank stabilization. As we walked the site. we (me. my Deputy and our Refuge Biologist) discussed possible vegetated stabilization me [hods. A stabilization that provides habitat is most often preferable to a sterile engineered fix. When we visited. we observed places in the bank that have been damaged by muskrats or other small mammals. This being the case, a vegetated stabilization would continue to be eroded. Therefore, a rip rap revetment, similar to the one done on the eastern side of your lot. is probably the nest solution. We have two concerns and have shared these with you. We would like to preserve the one small bald cypress tree that is on the ditch. The other trees are very common and will damage the bank in the long run. We agree that these can be removed. We asked you to explore if the cypress can remain. The other concern was "sloughing" of the rip rap and gravel into the ditch. This you explained will be prevented by good design and pointed to the parts of the stabilization tbat you had done earlier. We are sa[isfied that you have considered the Refuges interests in [his matter. The stabilization should commence. We. therefore grant our permission to encroach onto our property for the purpose of placing rip rap revetment for bank stabilization. Please contact our oftìce upon completing the project so that we might inspect the work. We will follow up with a special use permit to enable the ongoing encroachment. Si~erely, I ~j.rHLl 4r~ I /'1 hn P. Stasko I efuge Manager cc: Mr. Tim Kennedv Department of PÚblic Works City of Virginia Beach - 37- Item VI-L 6.a/b/ ORDINANCES ITEM # 43888 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: REFUNDS: License Tax $116,551.45 $ 3,059.97 Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 -- . --»,:- ..-. .. .-,,-- ""'." . ~. '0,- .... ""w~'O'r'~"-"'" , FORM NO. CA. REV. 3/88 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID BARNS-WRIGHT INC 1995-1998 AUDIT 137.11 0.00 137.11 BARREn, CARLTON MARSHAL 1997-1998 AUDIT 40.00 0.88 40.88 BATA, JOSEPH A 1998 06/03/98 40.00 0.00 40.00 BOLAND, JAMES M 1996-1998 AUDIT 58.50 5.05 63.55 COMFORT LC 1997-1998 AUDIT 2,498.80 60.11 2,558.91 CUISINE CONCEPTS INC 1996-1998 AUDIT 190.96 (1.04) 189,92 E S I ELECTRICAL & MECHANIC 1996-1998 AUDIT 251.33 52.86 304.19 FLYNN, ALFRED JR. 1998 AUDIT 3,003.68 65.84 3,069.52 FOER, ROSALIND L 1996-1998 AUDIT 88.76 9.52 98.28 FOK, HIN C 1996-1997 AUDIT 59.61 7.46 67.07 MEMORIAL SERV PLANNING C 1997-1998 AUDIT 460,31 9.33 469.64 PROGESSIVE MECHANICAL IN 1997-1998 AUDIT 577,04 112.22 689.26 Certffie~~. ~Kella Commissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) to 7728.33 were approved by the Council of the City of Virginia Beach on the 4th day of August.. ,1998 Ruth Hodges Smith FORM NO. CA , REV. 3/" AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID Anderson Environmental Systems 1995-1998 Audit 67.79 0.00 67.79 Bliss, Tim E 1995-1998 Audit 11.66 0.00 11.66 Chadbourn Enterprises Inc 1995-1997 Audit 466.20 49.36 515.56 Dodd, Giles G 1996-1998 Audit 51.48 0.00 51.48 Dominion Enterprises inc 1996-1998 Audit 101.22 19.14 120.36 Ethereal Glass Work Inc 1995-1998 Audit 47.91 0.00 47.91 Fidelity Sound Reinforcement Inc 1996-1998 Audit 13.96 2.19 16.15 Hartigan, Gerry M & Gayle 1996-1997 Audit 10.00 0.00 10.00 Revco Discount Drug Centers INc 1995-1997 Audit 92,100.54 10,208.11 102,308.65 Steingold Burgess & McNally 1997-1998 Audit 383.99 109.95 493.94 Torbert, Noriko C 1996-1998 Audit 57.60 10.84 68.44 Totally Alive Inc 1997-1998 Audit 10.00 0.94 10.94 Thurman, Timothy G 1995-1997 Audit 258.71 25.82 284.53 Approved as to form: Øc~vll1@¿ sl' L. Lilley ~ City Attorney ~. This ordinance shall be effective from date of adoption. The above abatement(s) to $104,007.41 4th were approved by the Council of the August 98 day of ,19 City of Virginia Beach on the Ruth Hodges Smith City Clerk ." ," '~. -'~"' , FOAM "" C.A' REV 311" AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE t. YEAR PAID Amerigroup Corporation 1995-1998 Audit 4,620.44 Atlantic Welding & Fab Inc. 1998 3/04/98 16.63 Austin, Sonya Denise 1998 7/06/98 42.10 C & L Production Company Inc. 1996-1998 Audit 20.00 Couch, Don L 1996-1998 Audit 10.60 Game Day Classics Inc. 1996-1998 Audit 15.40 Haight, Dennis L 1998 6/29/98 10.00 Merrill, Sherry 1998 4/28/98 50.00 SC Graham Inc. 1996-1998 Audit 10.00 Transworld Systems Inc. 1998 6/25/98 10.00 Walker, Jealene J. & Frank W. 1998 2/10/98 10.00 INTEREST TOTAL 0.18 4,620.44 16.63 42.10 20.18 10.60 15.56 10.00 50.00 10.17 10.00 10.00 0.16 0.17 '" C;7~nt: ,,'Philip J. Kellam Commissioner of the Revenue Approved as to form: ~~d~ City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $4,815.68 were approved by the Council of the City of Virginia Beach on the 4th day of August ,19 98 Ruth Hodges Smith City Clerk -aRM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid White, Timothy W. 1995 RE(1/2) 95-126978-7 11/23/94 237.09 White, Timothy W. 1995 RE(2/2) 95-126978-7 OS/21/95 237.09 White, Timothy W. 1995- RE(l/2) 95-136345-2 OS/21/95 12.48 White, Timothy W. 1997 RE(1/2) 97-129896-8 11/18/96 286.76 White, Timothy W. 1997 RE(2/2) 97-129896-8 05/19/97 286.76 White, Timothy W. 1996 RE(¡/2) 96-128592-8 11/24/95 279.59 White, Timothy W. 1996 RE(2/2) 96-128592-8 05/17/96 279.59 White, Timothy W. 1998 RE (1/2) 98-130704-7 11/25/97 295.26 Nozzarella, Emanuel & Sandra 1998 RE(1/2) 98-089765-1 11/25/97 21. 35 Nozzarella, Emanuel & Sandra 1995 RE(1/2) 95-087108-4 11/29/94 19.95 Nozzarella, Emanuel & Sandra 1995 RE(2/2) 95-087108-4 OS/21/95 19.95 Nozzarella, Emanuel & Sandra 1997 RE(1/2) 97-089175-6 11/18/96 21. 35 Nozzarella, Emanuel & Sandra 1997 RE(2/2) 97-089175-6 05/19/97 21.35 Nozzarella, Emanuel & Sandra 1996 RE (1/2) 96-088095-6 11/24/95 20.79 Nozzarella, Emanuel & Sandra 1996 RE(2/2) 96-088095-6 05/17/96 20.79 Burgess, Keith & Sandra 1998 RE(1/2) 98-016512-0 12/03/97 37.71 Burgess, Keith & Sandra 1996 RE(1/2) 96-016026-1 11/24/95 36.72 Burgess, Keith & Sandra 1996 RE(2/2) 96-016026-1 05/17/96 36.72 Burgess, Keith & Sandra 1995 RE(1/2) 95-015841-7 11/23/94 35.24 Burgess, Keith & Sandra 1995 RE(2/2) 95-015841-7 OS/21/95 35.24 Burgess, Keith & Sandra 1997 RE (1/2) 97-016241-9 11/18/96 37.71 Burgess, Keith & Sandra 1997 RE(2/2) 97-016241-9 OS/22/97 37.71 Cottle, Morris & Shirley 1998 RE(l/2) 98-025960-8 02/28/98 116.67 Hood, Williåm Jr & Charlene 1998 RE(1/2) 98-056976-5 12/03/97 30.50 Oail, Hubert & Mona 1998 RE(2/2) 98-028440-2 03/11/98 26.50 Wrnittaker, C. Jean 1997 RE (1/2) 97-130298-0 11/27/96 109.11 Whittaker, C. Jean 1997 RE(2/2) 97-130298-0 OS/29/97 109.11 Whittaker, C. Jean 1995 RE (1/2) 95-127381-6 12/05/94 79.48 Whittaker, C. Jean 1995 RE(2/2)(' 95-127381-6 06/05/95 79.48 Whittaker, C. Jean 1996 RE (1/2) 96-128987-1 11/29/95 39.56 Whittaker, C. Jean 1996 RE(2/2) 96-128987-1 OS/29/96 39.511 Whittaker, C. Jean 1998 RE(1/2) 98-131100-5 11/28/97 112.80 -- Total: $3',059.97 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $3,059.97 were approved by the Council of the City of Virginia Beach on the ~- day of August, 1.998 Ruth Hodges Smith City Clerk Approved as to form: ~~ è5<iJÆ: L.: sli L. Lilley, City ~ - 38- Item V-J. PUBLIC HEARING ITEM # 43889 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. ASSOCIATION FOR RESEARCH & ENLIGHTMENT, INc. 2. SAMIR HALABUWITCHDUCK MOTOR CO. STREET CLOSURE NON-CONFORMING USE NON-CONFORMING USE August 4, 1998 - 39- Item VI-J. PUBLIC HEARING ITEM # 43890 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED in one motion Items 1 and 2 of the PLANNING BY CONSENT. Item J.1. was DEFERRED for 90 days until November 10,1998, BY CONSENT. Item J.2. was WITHDRAWN BY CONSENT. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan ABSTAINED on Item J.2. as her husband represents Frank and Mary Mathews, owners of the property involved in the application. August 4, 1998 - 40- Item V-J. 1. PUBLIC HEARING ITEM # 43891 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED UNTIL the CITY COUNCIL MEETING OF NOVEMBER 10,1998, the Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INc.,for an enlargement in a nonconforming use: Resolution authorizing the enlargement of a nonconforming use on property located at the northwest corner of Atlantic Avenue and 6'Jfh Street. DISTRICT 5 - LYNNHAVEN Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 - 41 - Item V-J. 2. PUBLIC HEARING ITEM # 43892 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ALLOWED WITHDRA W AL the application of SAMIR HALABI/WITCHDUCK MOTOR CO., for a one-year extension of a nonconforming use to expand a auto sales establishment to three neighboring lots. Resolution authorizing the extension of a Nonconforming Use on Property located at 220 and 234 North Witchduck Road. DISTRICT 2 - KEMPSVILLE Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret 1. Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R.. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: None Council Lady McClanan ABSTAINED as her husband represents Frank and Mary Mathews, owners of the property involved in the application. August 4, 1998 - 42- Item VI-K.l. APPOINTMENTS ITEM # 43893 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Kenneth D. Barefoot 4-Year Term 9/1/98 - 8/31/2002 Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 - 43- Item VI-K.2. APPOINTMENTS ITEM # 43894 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Kenneth F. Bradley Centerville District #1 Unexpired Term thru 12/31/99 PLANNING COMMISSION Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 4, 1998 - 44- Item VI-M.l. NEW BUSINESS ITEM # 43895 Council Lady McClanan expressed concern relative the TRT notices of Public Meetings relative proposed crossings. All these notices have been received within only a four or five days of the meeting.. Council Lady McClanan cannot attend the Hearing affecting her neighborhood due to the short notice. 17lis Public Meeting affecting Princess Anne Plaza, L ynnhaven Parkway, etc. is scheduled for Wednesday, August 5, 1998. 17lis is the same time as the Meeting with the DevelopmentAuthority relative the Mount Trashmore rezoning which was previously scheduled and to which she had made a commitment. Council Lady McClanan wished the City Council to request TRT to provide more adequate notice. ITEM # 43896 Councilman Branch advised in the Beach District, it has been reported that one of the TRT stops might be in the Norfolk and Park Avenues area. Councilman Branch has received numerous calls of concern. It was his understanding that the City is investigating a bike trail along Norfolk Avenue near the old right-ofway from Mediterranean all the way down to Birdneck. 17le City Manager advised the bike trail is currently in the process of being planned. It will be built along the aforementioned area with a linear park. However, if the decision was ever made in the future to extend light rail on that site, as a part of this project, the bike trail may have to be moved to one side of the right- of-way. August 4, 1998 - 45- Item VI-N ADJOURNMENT ITEM # 43897 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:33 P.M. ---- -- -- -- --- -- ----- ----- ------- Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk -r£ Ruth Hodges Smith, CMC/AAE City Clerk City of Virginia Beach Virginia August 4, 1998 - 45- Item VI-N ADJOURNMENT ITEM # 43897 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:33 P.M. ~~~:~:: Chief Deputy City Clerk /:) -~¿ A--- ~ -7~~ Ruth Hodges Smith, CMC/AAE City Clerk - - -- --- -- - -- -- ----------- -- ------ Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August 4, 1998