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HomeMy WebLinkAboutDECEMBER 5, 1988 MINUTES (2) C),f "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYEM E OBEMWRP, Al @l, VICE MAYOR ROBERT E. 'E@RM, Vlli-- @ERT W @O@ LI-@-- J.@N A, M-, @-- @,@ HIR.- EIX .. ER, Al @- @ M, HEN@Y, N-@. @., S. M@@-@ P@@., A@- ]OH, D MO@. -.@h H-CY K -R. Al ]OH, I @-Y. -1- D. SE.OMS, JR.. Al 281 CM IIALL BUILDIN(; MUNICIPAL CENTER A@.REY I -@S. JR, Cil, M.- CITY COUNCIL AGENDA VIRGINIA BEACii, VIRGINIA 23456-1/202 (804) 427-4303 R@H -@ES W@H, C-C/@, -11 C-h December 5, 1988 ITEM 1. CITY MANAGER'S BRIEFING - Conference Room 11:00 AM A. FERRELL PARKWAY/DAM NECK TRANSPORTATION STUDY Robert J. Scott, Director of Planning B. CIP RECONCILIATION - Conference Room - 11:30 AM ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM A. CITY COUNCIL CONCERNS ITEM 111. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF COUNCIL C. RECESS TO EXECUTFVE SESSION ITEM iv. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Reverend Lawrence J. Reesman Ill Bayside Christian United Church of Christ B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. MINUTES 1. INFORMAL & FORMAL SESSIONS - November 28, 1988 E. RESOLUTIOWORDINANCE 1. Resolution by the Counci I of the City of Virginla Beach to amend offlcial travel regulations. 2. Ordinance to AMEND and REORDAIN Section 19-19 of the Code of the City of Virginia Beach re free standlng mobile homes. F. CONSENT AGENDA Al I matters I lsted under the Consent Agenda are considered in the ord lnary course of business by City Counci I and wi I I be enacted by one motion In the form listed. If an Item is removed from the Consent Agenda, It will be discussed and voted upon separately. 1. Resolution approving the Vlrginia Beach Arts Center as a site for the placement of public ar-twork. 2. Ordinance authorizing and directing the City Manager to execute a Fire Protection Mutual Aid Agreement between the City of Virginia Beach and Currltuck County, North Carolina. 3. Ordinance authorizing the City Manager to apply for a Vlrginia Housing Partnership Loan Fund Reservation for administration of the Single Famlly Rehabilitation and Energy Conservation Loan Program. 4. Ordinance upon FIRST READING to APPROPRIATE $75,000 to the Department of Mental Health/Mental Retardation and Substance Abuse for short term local lnpatient psychiatric care. 5. Ordinance to authorize a temporary encroachment Into a portion of the right-of-way of Twenty-second Street to Jungle Golf of Virginia Beach, Inc., its assigns and successors in title. 6. Low Bid to A & W Contractors, Inc. In the amount of $190,933.65 for Bellamy Manor - 51% Type Water Project (CIP 5-026). 7. RAFFLE PERMIT PLAZA LITTLE LEAGUE 8. Ordinance authorizing tax refunds in the amount of $6,659.80. 9. Ordinance authorizing license refunds In the amount of $2,914.82. G. UNFINISHED BUSINESS H. NEW BUSINESS 1. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED DECEMBER 26, 1988 2:00 PM CANCELLED "CHRISTMAS DAY HOLIDAYI? JANUARY 17, 1989 2:00 PM RESCHEDULE OF JANUARY 16 "LEE-JACKSON-KING DAY" JANUARY 30, 1989 2:00 PM RESCHEDULE OF JANUARY 2 "NEW YEAR'S DAY HOLIDAY" All other Sessions will be In accordance with the City Code M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 5, 1988 The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress in the Conference Room, City Hall Building, on Monday, December 5, 1988 at 11:00 A.M. Council Members Present: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (Attending National League of Cities) Albert W. Balko (Attending National League of Cities) John D. Moss (Tour of Duty for Navy) John L. Perry (Entered: 11:37 A.M.) - 2 - FERRELL PARKWAY/DAM NECK TRANSPORTATION STUDY 11:00 A.M. ITEM # 30438 Robert Scott, Director of Planning, presented information relative the FERRELL PARKWAY/DAM NECK TRANSPORTATION STUDY. The City Staff was attempting to measure some very major forces in a small geographical area: the Southeastern Expressway, as well as planned and anticipated land use changes of a very large magnitude in this area. These changes would modify previous anticipations in this particular area. Projections have been determined for future traffic volumes on these various roads. With regard to the portion of Dam Neck Road from General Booth Boulevard out to the west, planning accomplished to date is adequate provided these roads are built. With regard to London Bridge Road, there were two possibilities outlined in studies performed by the Department of Public Works: Alternative A, Alternative C. Each of these alignments would work equally as well from a transportation point of view. Other factors to be considered are cost differentials and impacts on the community. Four (4) Lanes for London Bridge Road would be adequate. Relative Ferrell Parkway contemplated as a 6-lane and divided parkway section, planning to date appears adequate. Estates Drive was contemplated to be added in the MASTER STREET AND HIGHWAY PLAN as a residential collector intended to parallel General Booth Boulevard on the west side. The land use in this area has changed. If Estates Drive is tied through from Dam Neck to London Bridge as contemplated, it actually will work better than if it is not tied through from a traffic handiing capability point of view. In terms of volume, there will be impacts on London Bridge Road. If Estates Drive is not tied through at the aforementioned point, a larger volume of left-hand turning traffic at the intersection of General Booth and Culver will be noticed. There probably is no need at this point to make plans to tie Estates Drive all the way. Probably a phasing approach would be preferable. Estates Drive needs to be upgraded from a four-lane undivided to a four-lane divided on the MASTER STREET AND HIGHWAY PLAN. It was anticipated on the MSHP, Culver Road would be tied through as a residential collector and should be upgraded as a 4-lane divided facility. Seaboard/Parkers Road is not yet built. Its need will be greatly created by the presence of the SOUTHEASTERN EXPRESSWAY, if this road is built in this particular location. In this event, it should be shown as a 6-lane divided facility. The proposed interchange with the Southeastern Expressway to London Bridge needs to be moved. Princess Anne Road has the status of a minor arterial. The hope of the City is to keep Princess Anne Road for as long as feasible in the basic configuration as it presently exists. The City Staff believes there is sufficient reason to amend the MSHP in the location where London Bridge Road and Shipps Corner Road meet. This is one of the weaker links in the whole intersection scheme. Extend London Bridge Road south directly to "T" into Dam Neck Road. This will completely change the character of the particular section of London Bridge Road noted by Robert Scott. Tt can serve in the future as an industrial access road. This will necessitate working with Oceana to change the location of their gate onto London Bridge. The City's Transportation Program at present needs to do more than look at road segments. It needs to investigate intersections. Intersections represent, in many cases, the weak link in the system. - 3 - C I T Y M A N A G E R 'S B R I E F I N G CIP RECONCILITATION 11:40 A.M. ITFII # 30439 The City Manager advised the entire Stormwater Management Proposal was received after the Capital Improvement Program was prepared. The City Manager proposed an amendment to the CIP to include the Southall Quarter Drainage Project at a total cost of $390,000. Funding will be by transfer of existing funds within the Stormwater Management section. The City Manager proposed retitling Project 3-987 to Pendleton/Courthouse School Building. The intent of this project would be to relocate the Pendleton Center, renovate and air condition the structure and provide office space to the schools for the Educational Planning Center. Explicit in this proposal is the responsiblity for the building and its renovation/use will be the City's. $1-MTLLION is available for this task. With reference to the Centerville Turnpike, the staff is currently reviewing the information provided at the PUBLIC HEARING. A resolution is being proposed regarding 1-64 improvements and a Centerville Turnpike partial interchange for City Council's consideration. However, the CIP primarily deals with the City's internal road network. The City Manager will provide further information relative Centerville Turnpike with the utilization of a roadway display map. This will be in response to the Lake James Civic League's concerns reiterated in their publication "Centerville Turnpike - A Road to Gridlock". Councilwoman Parker advised Senator Stanley Walker has SCHEDULED a meeting relative regional planning for roads for December 10, 1988, at 10:00 A.M. at Old Dominion University. Secretary of Transportation Vivian Watts will be in attendance. With reference to Wadsworth Homes Elementary School, in consultation with the School Administration, the Staff has reached an informal understanding that another site in the General Booth Corridor be sought to meet the needs of that area. This understanding will require review by the School Board. To facilitate this process, the City Manager is proposing a new project, General Booth Corridor Elementary School Land Acquisition, be established at $450,000. Funding will derive from the current balance of the School Site Acquisition fund and transfers form the existing Municipal Land Acquisition Project. The existing Wadsworth Home project will be retitled and will remain a 1989 referendum project for design and construction funding. E. Dean Block, Assistant City Manager for Analysis and Evaluation, responded to City Council's inquires relative the Capital Improvement Program Fiscal Year 1988-89/1992-93. With reference to the $64-MILLION on roads above the Green Line, Councilman Heischober expressed concerns relative roads in the rural areas, particularly Princess Anne Road and Blackwater Road. Can the tax-increase be reoriented to July 1, 1990, and still keep the programs on track? If City Council adopts the supplemental and the TRANSFER OF DEVELOPMENT RIGHTS do not come through, City Council should retain the flexibility of moving around the CIP projects so some rural roads might be addressed. Dean Block advised, with the tax-increase being scheduled for 1990, the effect of the next $8-MILLION would be delayed. With further reference to TRANSFER OF DEVELOPMENT RIGHTS, Councilwoman Henley referenced her letter to City Council of April, 1987. Question No. 6 stated: "lf it is deemed that the alternative should be the removal of development restrictions, development policy and potential need to be reviewed. How many housing units can be built in the Pungo/Blackwater Boroughs using the criteria of I-acre for well-drained soils and 3-acres for soils requiring land management techniques and what services will that number of units require? What projects need to be included in the CIP to anticipate that impact? What design techniques should be encouraged or required, et cetera?" Councilwoman Henley further referenced tlie application of BLOSSOM HILL ASSOCIATES for a Subdivision Ordinance in the Pungo Borough SCHEDULED for the City Council Meeting of December 12, 1988. All of these 15 units can be accomplished in the AG-2 without City Council's approval. This is the "leak" in the GREEN LINE mentioned by the Consultants. The Consultants have indicated that in AG-2 now there is a potential for 6,000 units. If Transfer of Development Rights does not originate, the alternative would be to program for improvements in the CIP in the rural area. Councilwoman Henley requested this application be DEFERRED again. - 4 - C I T Y M A N A G E R 'S B R I E F I N G CIP RECONCILITATION ITEM # 30439 (Continued) Councilman Baum requested the City Staff submit alternatives in the rural areas in writing to City Council In response to Councilman Perry, Dean Block advised assessment is under State Law. Councilman Heischober requested the option of the Road and Parks & Recreation supplemental be separated. With reference to the Sandbridge Sanitary Sewer Service, the City Manager advised there are two possible occurrences, the City Staff may begin to investigate the engineering and cost estimates and the residents could decide if they wish to sign the 51% petition. On February 27, 1984, the City Council ADOPTED an Ordinance authorizing the construction of a force main from Nimmo Church to Ashville Bridge Creek with City cost participation and approval to serve Phase I only. The ordinance required a Public Hearing be conducted to remand or repeal the ordinance, including the service area. Phase II would not be constructed at this time. Vice Mayor Fentress referenced sewer and water in Old Donation Shores (Alfriend's Trail). Councilwoman McClanan referenced sewerage in the Old Dam Neck Road, which is not funded in the present CIP. Councilwoman McClanan had requested additional information. These septic tanks are in poor condition. Residents of Ashmore Drive (off of General Booth in the Culver Lane area) were also advised sewerage would be included in the CIP. Councilwoman McClanan requested more recognition of Bikepaths in the Parks and Recreation category, being addressed as a recreational use rather than totally under Engineering. Councilwoman McClanan wished verbiage be inserted into the CIP relative Bikepaths where the City does not have the right-of-way and in the Park Sites as well. Councilwoman McClanan advised relative the Bikeway along General Booth Boulevard, this apparently was not tested to prove suitable for bikes where the curbs intersect with the roads. Councilwoman McClanan wished the Bikeways meet the criteria for a smooth transition from the slope to the street. They needed to be graded and checked. As per inquiry of Councilwoman Parker, the City Manager advised the Bikeways are clearly marked. The City Manager will investigate the expense involved in a bikelane which is right with the flow of traffic. The City Manager will SCHEDULE all four (4) Options for the Capital Improvement Program for the City Council Meeting December 12, 1988. - 5 - C I T Y M A N A G E R 'S I T E M S 12:50 P.M. ITEM # 30440 The City Manager distributed a Resolution requesting the Virginia Department of Transportation program a detailed study and traffic analysis for the development of a new interchange of Interstate Route 64 and an extension of Centerville Turnpike. Said Resolution shall be ADDED-ON to the Formal Agenda. - 6 - C I T Y C 0 U N C I L C 0 N C E R N S IT@i # 30441 Councilman Perry refereiiced a hou,@,e be4-ng built in Newsome Farms. Inferior workro.anship is being performed in these TARGET AREAS. A City Inspector left an 11 4 inspection slip on the aforementioned ouse cit@ng all corrections nep-ded. The contractor had cover--d ilp all of those tliings and never did thein. The Inspector never came back to recheck. This I,.ouse is being built for a young lady who has a handicapped daughter in a wheel chair and a boy who is senii-rlentaII3, retarded. She is going to have to pay $1@00 a iqonth for tlie house on a $900 a month salary. Tliis is suppose to be low and nioderate i-ncome housing. ITOI # 30442 Counciln@an Perry spoke with Lieutenant Governor Douglas Wilder this weekend about Lillian Broclc's house. lie spid they could not do anything about @@Irs. Brock's liouse until tlie City requested same. The City Manager will provide i-nformation relative th@@s. IT@-Fi # 30443 Councilwoman Flenley distributed broc'@lures entitled "Questions and Answers about Transfer of Development Rights". One of the brochures bears the picture of rirs. Lillian Craft's farr.. ITEM # 30444 Councilwoman Henley advised the TRT has requests relative Sunday service to the Shopping l@ialls since the Blue Law has been changed. Between now and Christflas, as an experimontal factor, Route 36 will be instituted on Sunday afternoons. TTEI # 30445 Counci-lwoman @@'eiley advised relative the Light Rail Transit, the Economic Benefits Analysis, which was co,-nmiss4@oned, is due this rnonth. There will be a presentation of findings at the Tidewater Tra.,isportation D@-strj-ct Commission t'ieeting on December 14, 1988 at 1:00 in -,he TRT Building on illonticello Avenue. louncilwoman lienley invited all i,'@embers of City Council to attend. I Councilwoman Henley advised she aDd Vice flayor Fentress, as r!,embers of the Tidewater Transportation District Conmission, wl-11 travel to San Diego to v'lew their Trolley. They will arrive on Decer-iber Fifteenth and leave on the Seventeenth. The Mayors and City Mar,-agers of Dlorfolk and Virginia Beach liave been invited to attend. Mayor Oberndorf and tlie City 't'lanager, with City Council's permission, would like to attend. The representatives will be rqeeting viith iiatireen O'Connor, Mayor of San Diego. Councilwor.an Parker requested Councilwoman ilenl--y determ4@ne tlie anticipated cost of tlie Light Rail System in Sin Diego when originally designed, the anticiDated ridership, the present cost and ridership. Counc@-lwo,-,Ian Parker also requested information be furnished ori otber Light Rail Systems. ITEd4 # 30446 Councilr-,.an Perry referenced booklet received froro. Cominunity Developnient and l@'ousing. Councilman Perry requested the Cilly Council please read this booklet as there is alriost a $3-MTLLION surplus in the fund. - 7 - ITEM # 30447 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress in the Conference Room, City Hall Building, on Monday, December 5, 1988 at 1:00 P.M. Council Members Present: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf - 8 - ITEM # 30448 Vice Mayor Robert E. Fentress 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 purposes: 1. PERSONNEL MATRERS: Discussion or consideration of employment, assignment, appointment, promotion, pertormance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HEIJ) PROPERTY: Discussion or consideration of the condition, acquisition or use of reai property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could effect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body pursuant to Section 2.1-344 (a) (6). Upon motion by Councilman Sessoms, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker. John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf - 9 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL December 5, 1988 2:00 P.M. Vice Mayor Robert E. Fentress called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, December 5, 1988 at 2:00 P.M. Council Members Present: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf INVOCATION: Reverend Lawrence J. Reesman III Bayside Christian United Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 10 - Item IV-D.l. MINUTES ITEM # 30449 Upon motion by Councilman Perry, seconded by Councilwoman Parker, City Council APPROVED the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of November 28, 1988. Voting: 7-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay; None Council Members Abstaining: Reba S. McClanan* Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf Councilwoman McClanan ABSTAINED as she was not in attendance at the City Council Meeting of November 28, 1988. Item IV-E.l. RESOLUTIONS/ORDINANCE ITEM # 30450 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council ADOPTED: Resolution by @he Council of the City of Virginia Beach to amend official travel regulations. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf A RESOLUTION TO AMEND OFFICIKL TRAVEL REGULATIONS WHEREAS, the Council for the City of Virginia Beach has reviewed the official Travel Regulations for the City; and is of the opinion that certain changes should be made concerning these regulations; and WHEREAS, these changes have been incorporated in the attached exhibit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIK: That the attached official Travel Regulations (Exhibit A) are hereby incorporated by reference and are approved and adopted; and That any travel regulations that are inconsistent with those set forth in Exhibit A are hereby repealed. This Resolution shall be effective from date of adoption. Adopted by the Council of the -Ci-ty (?f Virginia Beach, i. f r h T) c- c enib er Virginia, on the day of 1988. Exhibit A OFFICIAL TRAVEL REGULATIONS I. PURPOSE Stated herein are the city's policy and the necessary rules and regulations for payment of expenses incurred while city employees, members of the City Council, and appointees of the City Council are traveling on city business. It is the intent of this policy to assure fair and equitable treatment of all individuals traveling on city business at city expense. It is the purpose of these regulations to provide a reasonable and systematic means by which the cost of travel may be estimated for budget preparation and controlled for purposes of economy. Should these regulations conflict with travel policy under either partially or fully funded state and/or national grants, then state or national regulations shall apply. II. DEFINITIONS A., Authorized trips - Travel on city business which has been approved by the City Council and/or the City Manager in the budget process or has been given special consideration by the Training Committee. B. Travel Advance - Money given in advance of travel when the estimated expenses are to be more than $50.00. C. Authorized Signature - Those individuals with the authority to permit travel on city business. On official travel forms authorized signatures include the department head or representative or in case of the Training Committee, the Personnel Director or representative. D. Travel Expense Reimbursement Voucher (D. F. 8-4)- The form prepared by the traveler upon conclusion of the authorized trip for reimbursement of travel expenses. E. Official Mileage Chart (D. F. 55) - The form prepared by the traveler for reimbursement of official travel in a personal car. F. Travel Advance Form (D. F. 5-5) - A vendor's invoice prepared by the traveler and indicating the destination, date and amount needed for travel. II. DEFINITIONS (Concluded) G. Traveler - The individual representing the city on an authorized trip. Ill. GENERAL POLICY A. Travel on city business includes trips within and outside of the city to conferences, conventions, workshops, seminars, educational and training courses (including those approved by the Training Committee), forums and other city related business meetings. Justifiable expenses related to such travel are described in Section IV of this regulation. B. All travel authorizations, advances and reimbursements shall be made only on the authorization of the City Council, City Manager, or the department head or his/her duly authorized representative. All City Council travel should be coordinated and processed through the City Clerk's office. Claims for reimbursement must be presented to the Department of Finance on the standard Travel Expense Reimbursement Voucher properly signed by a person authorized to approve expenditure documents and the traveler. C. Employees authorized to travel may secure an advance of funds to cover the cost of travel. All travel advances should be presented to the Finance Director's office not more than fifteen (15) days or less than seven (7) days before the start of travel in order to allow adequate time for preparation of finances. D. It is the responsibility of the traveler to prepare the Travel Expense Reimbursement voucher for expenses incurred. It is also the traveler's responsibility to file the travel voucher and receipts with the Director of Finance no later than 30 days from the date of returning from the trip. If reimbursement is claimed later than 30 days, it may be disallowed, unless previous authorization has been given by the Finance Department. 2 III. GENERAL POLICY (Concluded) E. R irements make it essential that each @raveler fil his/her own travel claim. if practicable, accompanying travelers should pay for and claim their expenses on separate vouchers. Expenses paid by the traveler for official guests of the city must be listed separately along with the quests names and business relationship(s) to the traveler on the reimbursement claim voucher. The city will not pay the expenses of accompanying spouses. F. Any expense considered excessive will be disallowed. IV. JUSTIFIABLE EXPENSES A. Transportation 1. in general, the city will reimburse for travel the coach air fare when available or the current mileage rate, not to exceed the cost of coach air fare. 2. Mode of Transportation a. City Vehicles (1) City vehicles should be used whenever practical for official business. (2) Reimbursements for gasoline, parking, tolls and justifiable repairs to the city vehicle will be provided if documented with receipts. If possible, gasoline and service should be obtained from the City Garage. b. Commercial Aircraft (1) If air travel is feasible, the fare for commercial air transportation on any trip should not exceed the regular tourist fare. 3 IV. JUSTIFIABLE EXPENSES (Continued) A. Transportation (Continued) 2. Mode of Transportation (Concluded) b. Commercial Aircraft (Concluded) (2) If the cost of air travel is paid by the employee, a copy of the paid ticket must be submitted to the Finance Department for reimbursement. (3) The travel agency should bill the city, when possible. The name of the traveler(s) and the business purpose must be stated in the body of the vendor's invoice making payment to the travel agent. C. Private Automobile (1) If other means of transportation are not f easible or the use of a private automobile better serves the city's purposes, then use of an employee's private automobile may be authorized. (2) For use of his/her private car the employee will be reimbursed at the current approved mileage rate plus parking and toll fees if documented with receipts. (3) An odometer reading from the beginning to the end of the trip miist be shown on the official Mileage Chart which must also be submitted with the Travel Expense Reimbursement Voucher. (4) If travel is wholly within the city, and if the traveler proceeds directly to his/her destination without going to the usual workplace, the number of miles from his/her home to the usual workplace must be deducted from the claim. 4 IV. JUSTIFIABLE EXPENSES (Continued) A. Transportation (Concluded) 3. Related Transportation Costs a. Taxicabs, public conveyance and limousine fare, including tips, will be allowed if travel by such means is necessary. All such expenses must be justified and explained in the Travel Expense Reimbursement Voucher. b. Ferry fares, road and bridge tolls and parking charges are reimbursable items. Receipts should accompany these expenses and are required for any parking expenses. C. If a rental car is necessary, the most economical model should be selected and all receipts should accompany the Travel Expense Reimbursement Voucher. B. Lodgings 1. Expenditures for lodging must be reasonable. It is recognized that expenditures will vary by geographic locations; the city shall pay the prevailing single room rate per employee at the place of lodging. 2. When two or more employees of the same sex are attending the same event, the sharing of quarters is encouraged. When quarters are shared, the double room rate will be reimbursed. 3. Hotel accommodations, or other travel expenses, should not be charged directly to the City of Virginia Beach. Instead the cost of lodging must be substantiated by paid bills for purposes of reimbursement. 4. Claims for overnight lodging in Williamsburg and points between Williamsburg and Virginia Beach are discouraged because these areas can be reached quickly. Reimbursement claims for lodging in these areas must be signed by the appropriate department or division head. 5 IV. JUSTIFIABLE EXPENSES (continued) C. Meals 1. Expenditures for meals must be reasonable. It is recognized that expenditures will vary by geographic locations; however, if the expenditure is considered excessive, the Travel Expense Reimbursement Voucher will be adjusted. 2. The city discourages the practice of requesting reimbursement for noon meals within the city limits. However, noon meals in Virginia Beach are reimbursable to an employee appointed by his/her department head to attend a specific meeting or entertain an official guest of the city. 3. Registration at a bancluet is considered an appropriate expense for a city employee when he/she is on the program of the function or is the official designated representative of the city. 4. Meals of $10.00 or greater must be accompanied by receipts. D. other Travel Expenses 1. Tips are considered as a proper item of traveling expenses, provided the amounts are in proportion to the services rendered. They should be listed separately on the Travel Expense Reimbursement Voucher. 2. For registration fees for conferences, conventions, seminars, etc. which require payment in advance, a Vendor's Invoice with a proper registration form stating the amount of the fee must be presented to the Finance Department at least two weeks in advance of the conference. If possible, upon return from the conference, a receipt for the registration fee should accompany the Travel Expense Reimbursement Voucher. If the registration fees are paid at the conference, then a receipt is required for reimbursement. 6 IV. JUSTIFIABLE EXPENSES (Concluded) D. Other Travel Expenses (Concluded) 3. Long distance telephone or telegraph charges will be reimbursed if related to city business only. The points and parties between which the calls were made or the wires sent must be stated on the voucher together with the reason therefor. In addition, a City of virginia Beach Long Distance Telephone Memo should be completed for all long distance calls. E. Non-Reimbursable Items 1. Personal expenses, such as: telephone calls, haircuts, valet, laundry, beauty parlor, and room service are not reimbursable. 2. Self entertairiment activities such as: paid TV, movies, night clubs, health clubs, dinner theatres, bowling, etc. are not reimbursable. 3. No traveler shall be allowed either mileage or transportation expenses when he/she is transported by another traveler who is entitled to mileage or transportation expenses. 4. No travel insurance premiums will be paid by the city. 5. The cost of travelers checks or money orders is not a reimbursable item. 6. Loss of funds or personal belongings while traveling is the responsibility of the employee and will*not be reimbursed. V. PREPARATION OF FOR14S Enclosed is a sample of the Travel Expense Reimbursement Voucher and the Official Mileage Chart of the City of Virginia Beach. ADOPTED BY CITY COUNCIL FEBRUARY 27, 1978. COUNCIL APPROVED CHANGES NOVEMBER 17, 1980. COUNCIL APPROVED CHANGES AUGUST 27, 1984. 7 - 12 - Item IV-E.2. RESOLUTIONS/ORDINANCE ITEM # 30451 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 19-19 of the Code of the City of Virginia Beach re free standing mobile homes. The time limitation already imposed on prexisting free standing mobile homes, shall remain in force. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, Mayor Meyera E. Oberndorf and JGhn D. Moss 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 19-19 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO FREE STANDING MOBILE 5 HOMES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 19-19 the Code of the City of Virginia 10 Beach is hereby amended and reordained to read as follows: 11 12 13 Section 19-19. Location in agricultural districts. 14 15 A permit to allow one freestanding mobile home may be 16 approved by the department of permits and inspections in any area 17 zoned agricultural district, provided the following conditions 18 are complied with: 19 (1) The mobile home is located to the rear or 20 side and on the same lot or parcel with a 21 principal residential building and all 22 dimensional requirements f o r two ( 2 ) 23 dwellings are complied with and the required 24 yards or open space of the principal dwelling 25 are not encroached upon. 26 (2) The mobile home is not located within four 27 hundred (400) feet of any other residence 28 existing at the time application is made to 29 locate the mobile home. 30 (3) The immediately adjoining property owners and 31 those directly across the fronting street 32 shall be notified by the department of 33 permits and inspections of the receipt of an 34 application to place a mobile home. Such 35 notice shall be mailed at least fifteen (15) 36 days prior to the issuance of a permit by the 37 department of permits and inspections. The 38 address to which such notice shall be sent by 39 the department of permits and inspections 40 shall be that as shown on the tax records of 41 the city. 42 (4) The department of permits and inspections 43 shall not issue a permit to locate a 44 freestanding mobile home until the method of 45 sewage disposal for such mobile home is 46 approved by the department of public health. 47 (5) A freestanding mobile home authorized under 48 the terms of this section shall not be 49 occupied by anyone not a member of the 50 immediate family resident in the principal 51 dwelling on the lot or parcel and such mobile 52 home shall not be occupied by more than one 53 family. For the purpose of this section, a 54 member of the immediate family is defined as 55 any person who is a natural or legally 56 adopted child, grandchild or spouse or parent 57 of the owner. 58 (6) The department of permits and inspections 59 shall, upon written receipt of an objection 60 from persons set forth in (3) above to the 61 placement of a freestanding mobile home, 62 refer the application to the city council for 63 approval or disapproval. 64 65 If no objection is 66 received by the department of permits and 67 inspections, it shall be authorized to issue 68 the freestanding mobile home permit at the 69 expiration of the notification period. 70 (7) A temporary special permit may be issued by 71 the department of permits and inspections for .7 2 a period not to exceed nine (9) months in a 73 case where a single-family dwelling has been 74 destroyed or damaged by fire or other 75 disaster to an extent which makes such 2 76 dwelling uninhabitable and only where such 77 dwelling is to be rebuilt or repaired. 78 This ordinance shall be effective from date of 79 adoption. 80 Adopted by the Council of the City of Virginia 81 Beach, Virginia, on the 5tb day of DeC@er 1988. 82 83 WMM/epm 84 11/28/88 85 CA-03048 86 \ordin\proposed\19-019.pro 87 3 - 13 - Item IV-F. CONSENT AGENDA ITEM # 30452 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the CONSENT AGENDA. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf - 14 - Ttem IV-F.l. CONSENT AGENDA ITEM # 30453 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council ADOPTED: Resolution approving the Virginia Beach Arts Center as a site for the placement of public artwork. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf A RESOLUTION APPROVING THE VIRGINIA BEACH ARTS CENTER AS A SITE FOR THE PLACEMENT OF PUBLIC ARTWORK. WHEREAS, the Council has created a "Percent For Arts Program" for funding art In public bwldings, facilities and spaces; and WHEREAS, the Virginia Beach Arts and Hurnanities Commission has been authorized to administer the "Percent for Arts Program; " and WHEREAS, the Virginia Beach Arts and Htunanities Commission recommends the Virginia Beach Arts Center be approved as a site for placement of public artwork under the Percent For Arts Program; NOW, THEREFORE, BE IT RESOLVED BY THE COLINCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the Virginia Beach Arts Center is approved as a site for placement of public artwork under the Percent For Arts Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 day of December, 1988. @T APPR(--)VEID Item IV-F.2. CONSENT AGENDA ITEM # 30454 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance authorizing and directing the City Manager to execute a Fire Protection Mutual Aid Agreement between the City of Virginia Beach and Currituck County, North Carolina. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf AN ORDINANCE AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE A FIRE PROTECTION MUTUAL AID AGREEMENT 4 BETWEEN THE CITY OF VIRGINIA BEACH 5 AND CURRITUCK COUNTY, NORTH CAROLINA 6 7 8 9 WHEREAS, Virginia law authorizes local governments to enter 10 into reciprocal agreements for mutual aid and for cooperation in 11 the furnishing of fire protection and related emergency services; 12 and 13 WHEREAS, it is deemed mutually beneficial to the City of 14 Virginia Beach and to Currituck County, North Carolina, to enter 15 into an agreement concerning mutual aid and cooperation with 16 regard to fire protection and related emergency services to 17 promote the safety and welfare of this City and Currituck County. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That the accompanying Fire Protection Mutual Aid Agreement 21 is approved and that the City Manager be directed to execute said 22 Agreement on behalf of the City of Virginia Beach. 23 Adopted by the Council of the City of virginia Beach, 24 Virginia, on this 8th day of Decembez 1988. 25 WEB/dga 26 Mutual.ord 27 11/28/88 28 AGREEMENT FOR MUTUAL AID FIRE FIGHTING ASSISTANCE BETWEEN THE CITY OF VIRGINIA BEACH, VIRGINIA AND CURRITUCK COUNTY, NORTH CAROLINA THIS AGREEMENT, entered into this day of 1988, between the CITY OF VIRGINIA BEACH, VIRGINIA, and CURRITUCK COUNTY, NORTH CAROLINA. WHEREAS, each of the parties hereto maintains equipment and personnel for the suppression of fires and for other emergency responses within its own areas; and WHEREAS, the parties hereto desire to augment this emergency j response availability in their respective areas; and WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that mutual assistance in an emergency is deemed feasible; and WHEREAS, it is the policy of the City of Virginia Beach and Currituck County, North Carolina, to conclude such agreements wherever practicable; and WHEREAS, it is mutually deemed sound, desirable, practica- ble, and beneficial for the parties to this Agreement to render assistance to one another in accordance with these terms. W I T N E S S E T H For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the parties do hereby agree as follows: 1. The rendering of assistance under the terms of this Agreement shall be accomplished in accordance with detailed plans and procedures of operation drawn and agreed to by the technical heads of the Fire Departments involved. 2. Whenever it is deemed advisable by the senior officer of a fire department belonging to a party to this Agreement, or by the senior officer of such fire department actually present at a fire or accident scene to request fire fighting or other assistance under the terms of this Agreement, he/she is authorized to do so, and the senior officer on duty of the fire department receiving the request shall forthwith take the following action: a. Immediately determine if the requested apparatus and, personnel are available to respond to the call. b. In accordance with the terms of this Agreement, forthwith dispatch such apparatus and personnel as in the judgment of the senior officer receiving the call should be sent. 3. The rendering of assistance under the terms of this Agreement shall not be mandatory, but the party receiving the request for assistance shall immediately inform the requesting service if assistance cannot be rendered. 4. The parties hereto waive all claims against every other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this Agreement. 5. Each party hereto agrees to indemnify and save harmless the other party from all claims by third parties for property damage or personal injury which may arise out of the activities of! 2 the other party outside their respective jurisdictions under this Agreement. 6. All services performed under this Agreement shall be rendered without reimbursement of either party or parties. 7. The senior officer of the fire department of the requesting service shall assume full charge of the operations. however, under procedures agreed to by the technical heads of the fire departments involved, a senior officer of the department furnishing the assistance may assume responsibility for the coordination of the overall operation. 8. The various officers and personnel of the fire departments of the parties to this Agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct prefire planning inspections, drills, and training- 9. This Agreement shall become effective upon the date hereof and shall remain in full force and effect until cancelled by mutual agreement of the parties hereto or by written notice by one party to the other party with sixty (60) days notice of said cancellation. IN WITNESS WHEREOF, the following signatures and seals: CITY OF VIRGINIA BEACH, VIRGINIA City Manager ATTEST: City Clerk 3 CURRITUCK COUNTY, NORTH CAROLINA By County Manager ATTEST: County Clerk Apprqved as to Content: Fi@e Chi Emergency Services Director City of a rg@. Beach Currituck County Fire Chief-Knotts Island Currituck County STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager, for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in my city and State aforesaid. GIVEN under my hand this day of 1988. Notary Public My Commission Expires: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose name as such is 4 signed to the foregoing Agreement, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 1988. Notary Public My Commission Expires: STATE OF NORTH CAROLINA, COUNTY OF CURRITUCK, to-wit: I, the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that WILLIAM S. RICHARDSON, County Manager, and I County Clerk, for CURRITUCK COUNTY, NORTH CAROLINA, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1988. Notary Public My Commission Expires: WEB/dga CCFIRE.K 9/28/88 11/28/88 5 - 16 - Item IV-F.3. CONSENT AGENDA ITEM # 30455 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City CouDcil ADOPTED: Ordinance authorizing the City Manager to apply for a Virginia Housing Partnership Loan Fund Reservation for administration of the Single Family Rehabilitation and Energy Conservation Loan Program. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf ORDINANCE TO AUTHORIZE THE CITY MANAGER TO APPLY FOR A VIRGINIA HOUSING PARTNERSHIP LOAN FUND RESERVATION FOR ADMINISTRATION OF THE SINGLE FAMILY REHABILITATION AND ENERGY CONSERVATION LOAN PROGRAM WHEREAS, the Commonwealth of Virgi.nia has established the Virginia Housing Partnership Fund to encourage the improvement of housing opportunities for low-income Virgi.nians; and WHEREAS, the Virgini.a Department of Housing and Community Development has announced the availability of and requested applications for loan fund reservations for Virginia Housing Partnership funds to be used for single family rehahilitation and energy conservation loans; and, WHEREAS, such loan funds can be used to provide low interest rate single family rehabi.litati.on and energy conservation loans for the henefit of low and moderate income residents of Virgi.nia Beach; and WHEREAS, an application for such loan fund reservation has been prepared by the Department of Housing and Community Development, and WHEREAS, the City of Vi.rgi.nia Beach agrees to administer a program to provide such loans to eligible residents in conformance with the regulations and guidelines of this State housing program; Now, therefore he it ordained that the Council of the City of virginia Beach authorizes the City Manager to apply for a loan fund reservation for admini.strati.on of the Single Family Rehabilitation and Energy Conservation Loan Program; Adopted by the Council of the City of Virginia Beach on the 5 day of December 1 1988. APPROVFJ) AS TO CONTENT: APPROVED AS TO FORM Mar a I. Ustick, or City Attorhey Depar@ nt of Housing and Community Development - 17 - Item IV-F.4. CONSENT AGENDA TTEM # 30456 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council APPROVED upon FIRST READING: Ordinance to APPROPRIATE $75,000 to the Department of Mental Health/Mental Retardation and Substance Abuse for short term local inpatient psychiatric care. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf AN ORDINANCE TO APPROPRLATE $75,000 TO THE DEPARTM= OF MERRAL HEALTH/MENTAL ON AND @TANCE ABUSE F'OR SHORT TERM LC)CAL INP@ PSYCM=C CARE the state De t of Mental Health, Mental Retardation and Substance Abuse Services cont@ to seek alternatives for psychiatric care in order to ease the pressures on Eastern State Hospital and, WHEREAS, the state has recognized the su@ which the Virginia Beach Department of Mental Health/Mental Retardation and Substarice Abuse has had in divert@ adm3.ssions to Eastern State by use of locally available @tient treatment, and WBEREAS, the Virginia Beach Department of Mental Health/ Mental Retardation and substarice Abuse, recognizincj the advantage to the client of remining in the sL4Dport ocomnity, has agreed to an ob3ective of an average adult daily census in Eastern State Hospital of nirie, and WHEREAS, the state has provided fw-ds in the ammt of $75,000 to pay for treatment of Virginia Beach clients diverted to l@ inpatient care, NOW @RE BE IT O@ BY @ COUNCIL OF THE CITY OF @@ BEACH, that funds in the of $75,000 be appropriated by the City of Virginia Beach to pay for local treatment for clients diverted fran Eastern State- Hospital and that revenue from the Ccnmnwealth be by $75,000. ,Ihis ordirkince shall be effective frcm the date of its adoption. Adopted by the @il of the City of Virginia Beach, Virginia on the- of , 1988. First Reading December 5, 1988 Secorid Readirig AP:',,OVEr @,,;o tA - 18 - Item IV-F.5. CONSENT AGENDA ITEM # 30457 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Twenty-second Street to Jungle Golf of Virginia Beach, Inc., its assigns and successors in title. The following conditions shall be required: 1. The owner agrees to remove encroachment within thirty (30) days when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless from any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. Prior to any construction within the existing right-of-way, the owner or his agent shall obtain a permit from the Highway Inspections Bureau. 6. The owner agrees to restore the right-of-way to its original condition 7. The owner agrees to brick veneered or stucco wall facing 22nd Street. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TEMPORARY ENCROACHMENT 5 INTO A PORTION OF THE 6 RIGHT-OF-WAY OF 22ND 7 STREET TO JUNGLE GOLF OF 8 VIRGINIA BEACH, INC. ITS 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That pursuant to the authority and to the extent 15 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 16 amended, Jungle Golf Of Virginia Beach, Inc., its assigns and 17 successors in title are authorized to construct and maintain a 18 temporary encroachment into the right-of-way of 22nd Street. 19 That the temporary encroachment herein authorized is 20 for the purpose of repiacing and maintaining 521 of an existing 21 concrete block and brick wall and that said encroachment shall be 22 constructed and maintained in accordance with the City of 23 Virginia Beach Public WorkS Department's specifications as to 24 size, alignment and location, and further that such temporary 25 encroachment is more particularly described as follows: 26 27 An area of encroachment into a 28 portion of the City's right-of-way 29 known as 22nd Street as shown on 30 that certain plat entitled: 31 "ROBERT & PRESTON MIDGET PHYSICAL 32 SURVEY LOTS 1, 3, 4, 5, 6, & 8 33 BLOCK 53 PLAT #2 VIRGINIA BEACH 34 DEVELOPMENT CO. VIRGINIA BEACH 35 BOROUGH VIRGINIA BEACH, VA. SCALE 36 111=501 31 OCTOBER 1977 MADE FOR 37 JUNGLE GOLF OF VA BEACH, INC. 38 GALLUP SURVEYING 1500 HORSESHOE 39 CIRCLE VIRGINIA BEACH, VIRIGNIA 40 23451,11 a copy of which is on file 41 in the Department of Public Works 42 and to which reference is made for 43 a more particular description. 44 45 PROVIDED, HOWEVER, that the temporary encroachment 46 herein authorized shall terminate upon notice by the City of 47 Virginia Beach to Jungle Golf Of Virginia Beach, Inc., its 48 assigns and successors in title and that within thirty (30) days 49 after such notice is given, said encroachment shall be removed 50 from the City's right-of-way of 22nd Street and that Jungle Golf 51 of Virginia Beach, Inc., its assigns and successors in title 52 shall bear all costs and expenses of such removal. 53 AND, PROVIDED FURTHER, that it is expressly understood 54 and agreed that Jungle Golf Of Virginia Beach, Inc., its assigns 55 and successors in title shall indemnify and hold harmless the 56 City of Virginia Beach, its agents and employees from and against 57 all claims, damages, losses and expenses including reasonable 58 attorney's fees in case it shall be necessary to file or defend 59 an action arising out of the location or existence of such 60 encroachment. 61 AND, PROVIDED FURTHER, that this ordinance shall not be 62 in effect until such time that Jungle Golf of Virginia Beach, 63 Inc. executes an agreement with the City of Virginia Beach 64 encompassing the afore-mentioned provisions. 65 Adopted by the Council of the City of Virginia Beach, 66 Virginia, on the Fifth day of ])ecember 19 8 8 67 68 69 JAS/ih 70 10/19/88 TIOVED AS TO CONTENTS -2980 71 CA 72 (encroach\midget.ord) SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SU'.-F@CiENCY ANL-) F@-niA 2 THIS AGREEMENT, made this day of 19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and JUNGLE GOLF OF VIRGINIA BEACH, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to replace and maintain 521 of an existing concrete block and brick wall in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such concrete block and brick wall, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as 22nd Street; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such concrete block and brick wall within a portion of the City's right-of- way known as 22nd Street. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first GPIN # 2427-18-0807 part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part temporary encroachment to use a portion of the City's right- of-way known as 22nd Street for the purpose of constructing and maintaining such concrete block and brick wall. 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 mor@ particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as 22nd Street as shown on that certain plat entitled: "ROBERT & PRESTON MIDGET PHYSICAL SURVEY LOTS 1, 3, 4, 5, 6, & 8 BLOCK 53 PLAT #2 VIRGINIA BEACH DEVELOPMENT CO. VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VA. SCALE 111=50' 31 OCTOBER 1977 MADE FOR JUNGLE GOLF OF VA BEACH, INC. GALLUP SURVEYING 1500 HORSESHOE CIRCLE VIRGINIA BEACH, VIRIGNIA 23451,11 a copy of which is attached hereto and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as 22nd Street by the party of the 2 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 must submit and have approved a traffic control plan before conunencing work in the City's right-of-way. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Highway Inspections Bureau prior to commencing any construction within the City's right-of-way. 3 it is further expressly understood and agreed that the party of the second agrees to restore the right-of-way to its original condition. It is further expressly understood and agreed that the party of the second agrees to brick veneered or stucco wall facing 22nd Street. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties 4 in any manner provided by law for the collection of local or state taxes. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk JUNGLE GOLF OF VIRGINIA BEACH, INC. By (Title (SEAL) ATTEST: (Title) 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _day of 19 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 19 has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _day of 19 Notary Public My commission Expires: 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby 1 (Title) certify that I on behalf of JUNGLE GOLF OF VIRGINIA BEACH, INC., whose name is ned to th e foregoing writing, bearing date the \:)l day f s@j b-? 19 has acknowledged the saome before me in my City and State aforesaid. Given under my hand this day of 19@ Notary Public My Commission Expires: tAY COMMISSION EXPIRES MAY 19, 1992 STATE OF VIRGINIA CITY OF VIRGINII,@EACH,, to-wit: @lle 'IrAf v@- a Notary Public in @d for the City and State aforesaid, do hereby certify that (Title) on behalf of JUNGLE GOLF OF VIRGINIA BEACH, INC., whose name i signed to the foregoing writing, bearing date the-@ls@ @-@i day of 7 19@, has acknowledged the same before me in my City and State aforesaid. under my hand this day of Given Notafy Public My Commission Expires: My COMMISSION EXPIRES MAY 19, 1992 JAS/ih Date: 10/19/88 CA-2980 (encroach\midget.agr) @PROVED AS To CONTENTS DEPAPTMENT APPROVED AS TO LEGAL A t4 r@ 1: 8 THIS IS TO CERTIFY THAT 1. ON 31 October 1977, SURVEYED INES AND,@THF WAI-LS'OF THE BUILD- THE PROPERTY SHOWN ON THIS PLAT. AND THAT THE TITLE INGS ARr AS SHOWN ON THIS PLAT. 'i@ERr ARE NO.EN CROACH- THC BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND; MENTS OF OTHER AUILDINGS ON THE PROPERTY, EXCEPT As SHOWN. C.L.S. SIGNED 22IVD STRE#-RT (80'RIW). 150.C bb,k @./i P-@ pt@ t MIN14TU@ GOLF Couf6E FR. i3OOrH 9 !15 S' 15roRy CLOO( 2 /0 00' 50 00' N O,? -;S'F 0,3RD STREET (00'RIW) P\o@e,4 4 lore.S-ton illel),l LOTS /, 3, 4, 5, 6 0 8 BLOCI( 53 PLAT #2 vinGIN1.4 BEACH DEVELOPMENT CO. VIRGIN14 BE4CH B.OROUGH VIRGINIA BEACH, V4. .5C4LF /": 50' 31 OrroaCR 1977 AtAfIr @l-e IuNcLF 6(@i.r or vli f,'C@rii, /IVC GA LL-IJ P StJ R-ZVEY I NG 1500 HORSESHOE CIRCLE VIRGINIA BEACII. VIRGINIA 23451 F.0 61, p 0 SEE GRID L5 F SIT-) o@A 17-1 (OIV M141D - 19 - Item IV-F.6. CONSENT AGENDA ITEM # 30458 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council APPROVED: Low Bid to A & W Contractors, Inc. in the amount of $190,933.65 for Bellamy Manor - 51% Type Water Project (CIP 5-026). Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf - 20 - Item IV-F.7. CONSENT AGENDA ITal # 30459 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council ADOPTED: RAF'FLE PERMIT PLAZA LITTLE LEAGUE Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf - 21 - Item IV-F.8. CONSENT AGENDA ITEM # 30460 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $6,659.80 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf 11/3/88 EMC FORM 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- D ate Penalty Int. Total Year of Tax Number ti.n No. Paid Sovran Mortgage Corp 87 RE(2/2) 121230-2 6/5/87 398.88 Salvatore & Yvette Fiore 88 RE(2/2) 34166-4 6/5/88 97.62 Virginia Beach Federal S&L 88 RE(1/2) 45507-8 12/5/87 1,465.82 Virginia Beach Federal S&L 88 RE(2/2) 45507-8 6/5/88 1,465.82 Virginia Beach Federal S&L 88 RE(]/2) 45506-9 12/5/87 2,123.72 Evans, Williams &Wood 88 RE(2/2) 67406-4 6/5/88 86.40 Charlestown Civic League 85 RE(1/2) 16242-2 12/5/84 84.20 Charlestown Civic League 85 RE(2/2) 16242-2 6/5/85 84.20 Charlestown Civic League 86 RF(1/2) 17299-1 12/5/85 84.20 Charlestown Civic League 86 RE(2/2) 17299-1 6/25/86 87.31 Charlestown Civic League 87 RE(1/2) 18271-0 12/5/86 84.20 Charlestown Civic League 87 RE(2/2) 18271-0 6/4/87 84.20 Charlestown Civic League 88 RE(1/2) 18848-3 12/5/87 92.31 Todd Scharf 88 Dog V16269 10/12/88 2.00 Bea Vaughn 88 Dog VI]364 9/22/88 2.00 Tyrone Bragg 88 Dog V16321 10/20/88 7.00 Troy M Betts N/A Pkng 191658 10/12/88 20.00 Total 6,269.88 This ordinance shall be effective from date of adoption. The above abatement(s) totaling as to pay were approved by the Council of the City of Virginia Beach on the day of T. Atl"nson,-Trea;urer m: Ruth Hodges Smith City Clerk ity Att'orney FORM NO. C.A. 7 11/1 7/88 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Y ear of Tax Number tion No. Paid George N & Doris Jacovides 87 RE(1/2) 50713-9 11/19/86 79.52 George N & Doris Jacovides 87 RE(2/2) 50713-9 5/11/87 79.52 Atlantic Permanent Savings 88 RE(]/2) 5104-9 12/4/87 103.44 Atlantic Permanent Savings 88 RE(2/2) 5104-9 6/5/88 103.44 Gary T Lefko N/A Pkng 242782 11/2/88 10.00 Ethel M Thomas N/A Pkng 198225 8/22/88 12.00 Charlene J Deam 88 Dog V16319 10/19/88 2.00 Total 389.92 This ordinance shall be effective from date of adoption. The above abatement(s) totaling - - - were approved by ihe Council of the City of Virginia Beach on the-- day of Ruth Hodges Smith City Clerk - 22 - Item IV-F.9. CONSENT AGENDA ITF-M # 30461 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $2,914.82 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf FOPIM NO. C.A, 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid Cecchino, R. A. & Beasley, W. E. T/A Surgical Associates of Va. Beach P. 0. Box 976 Sterling IL 61081-0976 1987/88 Audit 1,457.16 1,457.16 Countryside Shops, Inc. T/A Countryside Shops 1985 Landstown Road Virginia Beach, VA 23456 1985/87 Audit 283.97 283.97 Countryside Shops, Inc. T/A Countryside Sampler 1985 Landstown Road Virginia Beach, VA 23456 1985/86 Audit 265.00 265.00 Certified as to Payment: rt P. Vaughan Commissioner of the Revenue A,,,,roved a Ji DWe Bim'son ity Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 2 , 0 0 6 1 3 were approved by the Council of the City of Virginia Beach on the 5 day of December .19 88 Ruth Hodges Smith City Clerk FOR. NO, C@A 8 REV. 3M 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 cerlification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid DHH, Inc. T/A Lynnwood Cafe 621 Lynnhaven Parkway, S-130 Virginia Beach, VA 23450 1986/88 Audit 34.44 34.44 Sherry, Inc. 1116 Birdneck Lake Dr. Va. Beach, VA 23451 1985/86 Audit 134.00 134.00 Snidow, Lyle C., Jr. T/A Snidow Advertising Co. P. 0. Box 5672 Virginia Beach, VA 23455 1985/87 Audit 602.14 602.14 Certified as to Payment: o@ert'P. Vaughan Commissioner of the Reven@ AIDIDroved as t Da;e Bimso ty Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $7 7 0, 58 were approved by the Council of the City of Virginia Beach on the 5 day of December 19 88 Ruth Hodges Smith City Clerk FOR. .0 C.A, 8 HE@. 3'W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Star Chicken, LP T/A Church's Fried Chicken 3175-C Azalea Garden Road Norfolk, VA 23513 1986/88 Audit 138.11 138.11 Certified as to Payment: K-R@ert P. Vaughan Commissioner of the Revenue AI)IDroved as trm: Vn L @iDale-Bims ty Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $138.11 were approved by the Council 5 December 88 of the City of Virginia Beach on the- day of 19 - Ruth Hodges Smith City Clerk - 23 - Item IV-H.I. NEW BUSINESS ITEM # 30462 ADD-ON Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council, ADOPTED: Resolution requesting the Virginia Department of Transportation to program a study and traffic analysis for the development of a new interchange of Interstate Route 64 and an extension of Centerville Turnpike. The City Clerk shall forward copies of this Resolution to the City's Legislative Representatives. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberndorf RESO[-Ul- I ON t@HERE(-)S, the Virginia DL@pai-tment of -Franspoi-i;ation @ias bef--ri retluested by tl)e City of Virgirlia Be@icli to ,,ttidy tlie impi-C)vL-rnent of ari additional iritei-cl-iangL- of Interstate Route 61+ with an extensioi-i of Centerville Turnpike, bL-twL-eii thL, western city limit (WCL) and Indian River- Road in ttie City of Virginia Rpacti, aiicj WHEREAS, the Virginia Department of Traii5portation has indicated its williiigness to mak(- Sc)me improveML-IILS to the existil@g iiitei-uliaiigl- of 1-64 and Iridiaii River Road withiri the City of Virginia Beach, aiid WIIEREAS, the alidition of ati ii-it;erc@iaiige C) f 1-64 and Centerville Turnpike and the improve(nent of thL- existing interchange between I-64 and Indian River Road are both of vital importance to the City of Virginia 9each and to the City of Chesapeake as well as to the national defense establishment in ttiis area, and WI-IEREAS, the Southeasteri-i Virgiiiia Planniiig District (-omfnissioii has determined ttiat 1-64 b(@tweeri ChL-sapeake and Ra(jte 4t@ is the busiest fotir-lane intprstate roadway in the [:()iTi.onwe,31 tti , NOW, TilEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGI@,IIA 13EO(-Fl, VIRGINIA: Tti,it the Virginia Depai-tment of Traiispoi-tation is hey-eby i-eqtiested to prografn 3 detailed StLidy and traffic arialysis for tlie development of a i-iew intL-rchangL- of Interstate Route 64 and aii extension of Centerville Turnpike, at an acceptable location southwest of tlie present intl-rsection of Indian RivLr Road ancl I- 64, and FURTHER, the Virginia DL-partmeiit of Traiispartatioii is hl-reby reqtjested to proceed immecjiately vjith a detailed --t-icJy ai-id traffic analysi5 fc)l- fLIll improve(nents to the existirig ii)tei-clian,je of 1-61cts 3iid Indian RivE,r Road, ati(I FLJRTI 4ER, ttie V i i-g i 11 i aDe[) ar- tme-n t o f Tz-ansportation i s requested to coi-isider the pos5ible L15e Of a collector-distrit)LItOr system betwien the 1-6ti ititerchaiiges at IndiaTi River Road ari,J at Greeriby-i,3r Parkway to accommodatl- a Center-ville lurnpike coniiection, should thL- I)epartffient's analysis indicate an interchange between ti@e WCL and Indian River Road is not feasible, aiid FL)R'F[IER, tlie City OF Chesapeake is hereby requested to consider atici adopt a resolutic)ri similar to this rpsolutiori- AI)OPIF--D HY VIFZGINIO YjEo(:ii ciry f-,OIJNClt-; - 24 - Item IV-H.I. NEW BUSINESS ITEM # 30462 ADD-ON Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City Council ADOPTED: Resolution to authorize and direct the City Manager to revise the sick leave policy and implement three new employee recognition programs. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John D. Moss and Mayor Meyera E. Oberfldorf A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY MANAGER TO REVISE THE SICK LEAVE POLICY AND IMPLEMENT THREE NEW EMPLOYEE RECOGNITION PROGRAMS WHEREAS, the City Manager and Personnel Department have proposed revisions to the Sick Leave Policy and the implementation of three new employee recognition programs, and WHEREAS, City Council desires to revise, where appropriate, the city's employee benefit programs NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to proceed with the proposed revisions to the Sick Leave Policy including certain payment of accrued sick leave to retiring employees and the implementation of three new employee recognition programs as proposed. Adopted by the Council of the City of Virginia Beach, 5 - December Virginia, on the (lay or 1988. - 25 - Item IV-H.3. NEW BUSINESS ITEM # 30463 ADD-ON Vice Mayor Fentress referenced request of Reverend Vincent Losciale, Senior Pastor of THE BEACH FELLOWSHIP CHURCH, for RECONSIDERATION of Conditions of an application of THE BEACH FELLOWSHIP for a CONDITIONAL USE PERMIT for a Church (ADOPTED by City Council on May 23, 1988). The applicant shall forward to Members of City Council information relative his request for RECONSIDERATION of certain conditions. - 26 - Item IV-J.l.- ADJOURNMENT ITEM # 30464 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the Meeting at 2:35 P.M- W04 kobert E. H2 Vice Mayor Chief Deputy City Clerk -Y@r. .th lldge. Sith, CMC Mayor City Clerk City of Virginia Beach Virginia