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Home My WebLink AboutMARCH 21, 1988 "WORLD'S LARGEST RESORT CITY.' CITY COUNCIL MAYOR RORFRT G. JONES, A, L,,g@ VICE MAYOR MEYERA E. OBERN@RF, A, U,g, Al.BERT W. BAL.KO, @-gh JOHN A. BAUM, BI-@..@ %-.gh ROBERT E. FENTRESS, Vigi-i- B,@lh @-gh HAROLD HEISCHOBER, A, L.,,, BARBARA M IIENLF.Y. P-@, P-.gh REBA S. MCLANAN, P@-@@ A@@, B-gh JOIIN 1) MO@@, K,.,-If@ @.gh NANCY K. PARKFR. A, L-1g, JOHN L PEPRY, P-..gh 281 CffY HAI-L BUILDING MUNICIPAL CENTFR CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 AUD@ V. WAM. JR., Cill (804) 427-4303 J. D@ MM@N. .1, Al@ R@H MM@ M@.. @CIAAE. Ccy March 21, 1988 ITR4 I. CZO RE)CONCILIATION WORKSHOP - Conference Room - 11:00 AM TTEM II. COUNCIL CONFERENCE SESSION - Conference Room - 12:30@PM A. CITY COUNCIL CONCERNS ITEM III. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Yayor Robert G. Jones B. ROLL CALL OF COUNCIL C. RBCESS TO EXE)CUTTVE SESSION ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Reverend Howard Bennett Neighborhood Assembly of God B. PLEDGE OF ALLEGTANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL ...... ------- E. MINTJTES 1. INFORMAL & FORMAL SESSIONS March 14, 1988 F. CITY MANAGER REPORTS 1. Inspections of Restaurants - Dr. William Crawford, State Health Department 2. Beautification Committee Report - Mr. Bartow H. Bridges, Jr. G. RESOLUTIOIZS 1. INDUSTRIAL DEVELOPMENT REVF-NUE BONDS a. YAGEN PROJECT - $2,080,000 b. DAM NECK SWARE APARTMENTS - $2,465,000 H. CRDINANCES 1. Franchise for Lifeguard and Beach Equipment Rental Services at Little Island Park: a. Crdinance to TRANSFER $14,500 from sources within the Department of Parks and Recreation to fund a franchise agreement with OCEAN RENTALS, LTD. b. Ordinance APPROVING a franchise agreement for lifequard services and beach equipment rentals at Little Island Park and GRANTING unto OCEAN RENTALS, LTD. a franchise for a term of FIVE (5) years from April 1 , 1988 to March 31, 1993 to use that portion of the public beach, adjacent to the Atlantic Ocean, known as Little Island P@irk for the purpose of conducting certai-n beach equipment rental operations, in consideration for the provision of lifeguard and other services and for such other good and valuable consideration as the City and OCEAN RENTALS, LTD. may agree upon, CONDITIONED on its execution of a franchise agreement, and its compliance with all of the terms and conditions thereof 2. Ordinance to AMEND and REORDAIN in its entirety Chapter 13, Article II of the Code of the City of Virqinia Beach, Virginia, pertaining to FOOD HANDLER'S CARDS FOR RESTAURANT EMPLOYEES, DEFERRED February 29, 1988. Staff Recommendation: DEFER INDEFINITELY I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If any item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance AUTHORIZING the City of Virginia Beach to grant a franchise to HWC INVESTMENTS to operate an OPEN AIR/BOARDWALK CAFE 2. Ordinance to AMEND and REORDAIN Sections 21-336 and 21-333 of the Code of the City of Virginia Beach, Virginia, pertaining to DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS 3. Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, virginia, authorizing HUNT CLUB FOREST as a BIRD SANCTUARY 4. ordinance to TRANSFER $291,700 to establish a sewer project for CHRISTOPHER FARMS and to EXECUTE WATER and SEWER COST PARTICIPATION AGREE24ENTS 5. ordinance to TRANSFER $95,743 within the 1987-1992 Capital improvement Program and execute a Cost Participation Agreement for roadway improvements on ROUNDHILL DRIVE 6. Ordinance to TRANSFER $39,100 with the Fiscal Year 1987-1988 operating Budget of the Department of Public Works to acquire COVFINED SPACE ENTRY EQUIPMENT 7. ordinance to TRANSFER $207,250 within the Department of General Services to accomplish needed maintenance activities and to purchase a vehicle for beach maintenance 8. Ordinance to AMEND the WHEELING WATER Contract with the United States Government to increase the rate paid by the United States Goverrunent to the City of Virginia Beach 9. ordinance to authorize acquisition of property in fee simple for right-of-way for INDEPENDENCE BOULEVARD PHASE IIA and IIA-1 and the acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation 10. Resolution requesting the virginia Department of Highways and Transportation to accept an ADDITIONAL 95-lane miles of urban streets for urban maintenance funds beginning July 1, 1988, at the present rate of $5,098 per lane mile, totaling $484,310 revenue to the City of Virginia Beach in FY 1988-89 11. AUTHORIZE the City Manager to proceed with the completion of design and commencement of acquisition for the construction of the PUNGO FERRY ROAD/BRIDGE replacement 12. LOW BID to Falcon Construction Corporation in the amount of $89,311.00 for FY 1987/88-1991/92 Water Utility Capital Improvement Program pertaining to Parliament Drive, CIP 5-982 13. LCYW BID to Gowen and Associates in the amount of $289,640.50 for 1986 nighway Safety Improvements Capital Iinprovements Program pertaining to old Great Neck Road at Reagan Avenue Intersection, CIP 2-81 6, Did No. 9932 14. LOW BID to Contractor' s Paving Company in the amount of $1,065,307.38 for 1986 Highway Referendum Capital Project Fund pertaining to Lynnhaven Parkway, Phase VII-A, CIP 2-061, Bid No. 9959 15. LOW BID to Waterfront Marine Construction, Inc. in the amount of $193,596.00 for 1985-89 Parks and Recreation Capital Improvement Program pertaininq to Munden Point Bulkheading, Phase I, CIP 4-932, Bid No. 9671 16. RAFFLE PERMIT: Multiple Sclerosis Society 17. Ordinance authorizing tax refunds in the amount of $4,267.47 18. Ordinance authorizing license refunds in the amount of $3,418.20 J. UNFINISHED BUSINESS K. NEW BUSINESS 1. Interim Financial Statements - July 1, 1987, through January 31, 1988 L. ADJOURNMENT 1988/1989 FY OPERATING BUDGET PRESENTA'rION BY CITY MANAGER AUBREY V. WATTS, JR. 4:00 PM MARCH 31, 1988 WORKSHOPS COUNCIL CONFERENCE ROOM 4:-7:00 PM APRIL 14 & 21, 1988 PUBLIC HEARING Priilcess Anne High School 7:00 PM APRIL 28, 1988 RECONCILIATTON WORKSHOP COUt4CIL COI.IFEREN-,E ROOM 4:-7:00 PM MAY 3, 1988 FIRST READING: MAY 9, 1988 SE)COND READING: MAY 16, 1988 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 21, 1988 The COMPREHENSIVE ZONING ORDINANCE RECONCILIATION WORKSHOP of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, March 21, 1988,at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Reba S. McClanan (ENTERED: 11:10 A.M.) - 2 - ITEM # 29004 The CITY COUNCIL CONCERNS of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, March 21, 1988. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 3 - C 0 N C E R N S 0 F T H E V I C E M A Y 0 R ITEM # 29005 Vice Mayor Oberndorf referenced the Meeting of the Energy, Environment and Natural Resources Steering Committee of the NATIONAL LEAGUE OF CITIES. Because of the enormous problems found in the northeast and not being able to handle the garbage appropriately, their legislatures are passing various types of mandated legislation at the Federal level with absolutely no funding to accompany same thus impacting the localities. The least amount of money that is being expended to dispose of garbage in Connecticut, New York and Rhode Island is $60.00 a ton. Those localities which are members of SPSA are paying $23.00 a ton. Vice Mayor Oberndorf brought back the names and addresses of those areas interested in what the City is doing with Mount Trashmore II and what has been accomplished with Mount Trashmore I, as well as information relative Automated Refuse Collection. The representative from EPA stated the Federal Government has reversed its position again and has decided the waste needs to be totally controlled and, therefore, will require curb side sorting of garbage. Colored glass will be sorted from the clear glass, newspapers and magazines separately, and aluminum cans from metal cans. Some of the localities have been successful with about one-third of their waste stream being controlled by recycling. It does not rule out the fact that incineration of garbage must be investigated as well as providing for the burial of the ash. The Public Works Director from the City of Indianapolis was in attendance and presented information relative their Resource Recovery Plant. The lagoons that held the sludge from the waste water treatment are being relined and utilized to bury the ash from the Resource Recovery Plant. The sludge from the tanks is being burned. - 4 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 29006 Mayor Jones referenced the HOMELESS and his discussion with the Coalition regarding SCHEDULING on today's City Council Agenda to enable City Council to understand the dimensions of the problem. The Coalition was unable to attend and suggested the City Council Meeting of March 28, 1988. The Mayor because of a very long Planning Agenda, suggested the first week of April, but this was not satisfactory to the Coalition. ITFM # 29007 Mayor Jones referenced the Transportation and Communications Steering Committee of the NATIONAL LFAGUE OF CITIES Meeting. Mayor Jones advised the general pattern is clear the Federal Government is looking for the localities to carry more responsibility with less money. The Cable issue will probably resurface again in a year or so. The legislation was passed that enabled them to increase 5% a year forever on their revenues, which really caught most individuals unaware. As there is some concern throughout the Country, this legislation might be reviewed. The major discussion is in the transportation issues. Several years ago, there was instituted a 5cts tax increase on all gasoline sold in the Country, 4cts was to go toward road construction and 1cts to mass transit. What is happening is those funds are not being expended and the trust fund is now over $10-MILLION and it is growing at $1.2-BILLION a year. There seems to be very little incentive in either the Legislative or Executive Branch to retrieve these funds for spending. In the meantime, the road system in the Country continues to deteriorate. There is also approximately $5-BILLION in the Airport Trust Fund. So, these things are carried on in the Federal Budget as a means of reflecting a smaller deficit than is actually being incurred. In the Mass Transit Budget, there is a 50% cut in funds to Mass Transit Systems but an increase in the administrative budget. There is less monev to administer but yet all receive an increase in salary, then the funds that are not spent for mass transit again grows in the Trust Account. It will impact also any local programs the City might have in mind for Mass Transit, the availability funding for any type of light rail and even enhancements in the bus system. This will also impact any local programs for mass transit - 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 29008 Councilman Fentress advised garbage, trash, refuge is taken to the solid waste disposal and the City pays so much a ton. Councilman Fentress understands individuals cannot take solid waste in their own truck and dump it, which means that this refuge is possibly being dumped on vacant lots. There is one individual who owns much property and spends considerable time attempting to keep his lots clean. Some individuals are saying the City prevents them from utilizing these disposals. The City Manager will provide a report relative same. ITEM # 29009 Councilman Perry advised this was very apparent in the TARGET AREAS. Kathleen Hassen had advised Councilman Perry the City was in possession of names of Companies dumping on Connie Lane and that are under Court Injunction, but still had not discontinued this practice. ITEM # 29010 Councilman Fentress advised he represented City Council over the weekend speaking to 38 Japanese young women from the largest Woman's University in Mukogawa outside of Osaka and presented each with a LOGO pins. Dr. Hamada at ODU interpreted. He is recognized worldwide as the top man in the Marshall Arts. Dr. Hamada co-ordinates with James DeBellis, Director of Economic Development, on many projects. ITEM # 29011 Councilman Fentress advised the Department of Housing and Urban Development appropriated an additional $75-MILLION for the homeless assistance and it is available for State and Localities. Councilman Fentress hopes the City Staff can assist these non-profit groups in procuring grants. This is a problem that is not going away and the City's position must be determined. ITEM # 29012 Councilwoman Parker is endeavoring with Dr. Hamada and the Chamber of Commerce on the formulation of a Japanese sister City and is incurring good progress. The concept is being developed to determine if there is support throughout the Community. ITEM # 29013 Councilman Fentress complimented Channel 29. Councilwoman Fentress inquired relative the possibility of a newsclip with particular information on the City be placed on the regular Channels. This would be for those individuals who are unfortunate not to have Cable TV. - 6 - ITEM # 29014 The INFOR14AL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, March 21, 1988 at 1:15 P.M- Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 7 - ITEM # 29015 Mayor Robert G. Jones 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 MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. 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 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. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 8 - F 0 R M A L S E S 3 I 0 N VIRGINIA BEACH CITY COUNCIL March 21, 1988 2:15 P.M- Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, March 21, 1988, at 2:15 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend Howard Bennett Neighborhood Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 9 - ADOPTION OF ITEMS Item IV-D.l. ITEM # 29016 Councilman Fentress referenced an Ordinance AUTHORIZING the City of Virginia Beach to grant a franchise to HWC INVESTMENTS to operate an OPEN AIR/BOARDWALK CAFE (See item III-I.1 of the CONSENT AGENDA). This item will be voted upon separately. Item IV-D.2. ITEM # 29017 Councilwoman McClanan referenced the BID to Gowen and Associates in the amount of $289,640.50 for 1986 Highway Safety Improvements Capital Improvements Program pertaining to Old Great Neck Road at Reagan Avenue Intersection, CIP 2-816, Bid No. 9932 (Se Item III-I-13 of the CONSENT AGENDA.) Councilwoman McClanan requested an explanation relative the cost of $289,640-50. This item will be pulled for a separate vote. Item TV-D-3 ITEM # 29018 The City Clerk referenced the addition of an item under UNFINISHED BUSINESS by the City Manager relative his Disclosure concerning his wife's employment as a School Teacher with the City of Virginia Beach. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. - 10 - Item IV-E.1 MINUTES ITEM # 29019 Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council APPROVED the MINUTES of the INFOR14AL & FORMAL SESSIONS of March 14, 1988. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Item IV-F.l. CITY MANAGER REPORTS INSPECTIONS OF RESTAURANTS ITEM 29020 Dr. William Crawford, State Health Department, in conjunction with Betty Rouse, Resident Epidemiologist, Dr. George Sjolund, Director of the City Health Department and Sharon K. Prescott, Sanitarian Manager, reiterated information relative INSPECTIONS OF RESTAURANTS. There are two types of Hepatitis: Hepatitis A - highly contagious, mild, spread through improper hygiene Hepatitis B - less contagious, spread by sexual contact or by blood. Obstructive Jaundice - secondary to a tumor or a stone in the common duct. The first case involved an individual at TACO BELL. There were indications that this individual could suffer from Hepatitis B. The diagnosis for Hepatitis B was negative and it was another two weeks before a Check was made relative Hepatitis A and reported to the Health Department. This delay in time has resulted in problems. As far as Hepatitis A is concerned, the State believes a fair amount in background has gone unreported. It is required to be reported by the physicians, but is not required to be reported by the laboratory. It will be the recommendation to the Board of Health that Hepatitis be included as reportable diseases from the laboratories. Hepatitis A is common in day care centers and written off primarily as one of the childhood diseases as only a small percentage of those children become jaundiced. The Center for Disease Control in Atlanta, Georgia, reports each year that at least 1,000 plus foodhandlers have contracted Hepatitis A. However, only 4 or 5 outbreaks occur. Therefore, personal hygiene among the foodhandlers seems to be quite adequate. Virginia Beach is not alone. There is currently a food outbreak of Hepatitis A in Ashville, North Carolina reporting over 60 cases. In Louisville, Kentucky, the City is currently faced with an outbreak of over 150 cases. It has not been determined whether same is food borne as a number of the restaurants in downtown Louisville are involved. Lawton, Oklahoma has reported one which involves one individual who apparently cooked sequentially in four (4) restaurants and patrons in each of the four restaurants came down with the disease. Dr. William Crawford advised if the Health Department is going to undertake constant surveillance, an inspector would be needed constantly to observe. Tf there are 1200 plus food services, it would require two shifts of 2400 sanitarians plus 1200 sanitarians for relief, which would entail a cost of approximately $72-MILLION a year. This would not be cost-effective. The State Health Department recommended a Food Managers Certification, which currently in Northern Virginia entails a cost of $53-00. With 3600 managers, this would require a total cost of less than $200,000. The Certification would be for three years. These individuals are quality control, on duty at all times. The State Health Department recommends this move expeditiously. The benefits from this program have increased the awareness and education of the Managers as well as decreasing the time of inspections necessary by the local Health Department. The overall level of sanitation has improved. Sharon Prescott, advised if the individual has a valid foodhandlers card, same may be renewed by taking a test. This is a concession to professional foodhandlers, so they do not have to continually take the test. - 12 - Item IV-F.1 CITY MANAGER REPORTS INSPECTIONS OF RESTATJRANTS ITEM # 29020 (Continued) Kal Kassir, President of the Virginia Beach Restaurant Association, advised of the concern relative food borne illnesses of the owners, managers and employees of the food service operations. The Virginia Beach Restaurant Association has been working with the Health Department to improve and update Ordinances and regulations which relate to foodhandling certification. This process predates the current outbreak of Hepatitis A and is being pursued with vigor and all due speed. Hepatitis does not discriminate as to whether or not the foodhandler works in the produce, deli or salad bar of a grocery or convenience store or at a restaurant. The public paid $13-1/2-MILLION in extra taxes at restaurants, convenience stores and other food service operations. Kal Kassir requested consistency and uniformity in certification of food handlers. Dr. Sjolund advised there are 71 cases in the City of Virginia Beach, 48 of which are related to the index case (TACO BELL). The rest are background cases. At this point there is a downturn from the initial case. Individuals who have contacted Hepatitis A are forever immune. - 13 - Item IV-F.2. CITY MANAGER REPORTS BEAUTIFICATION COMMITTEE REPORT ITEM # 29021 Bartow (Pat) H. Bridges, Jr., Chairman, City's Appearance Task Force, advised the City's Appearance Task Force has been working diligently toward the worthwhile goal of causing Virginia Beach to be recognized as the "Most Beautiful City in the United States" by the year 2,000. Many of the criticisms made by the public are addressed by existing ordinances Two major problems reduce the effectiveness of existing ordinances: (1) Ignorance by the public of the existence of such ordinances and an accompanying ignorance of the mechanics of initiating a solution to the problems; and, (2) Inadequate staff enforcement of problems which are addressed by existing ordinances. The City's Appearance Task Force is divided into four (4) committees: LEGAL - Chairman John Y. Richardson HORTICULTURE AND LANDSCAPING - Chairman Shirley Elstrodt HIGHWAYS - Chairman Arthur L. Collins PUBLIC OPEN SPACE AND WATERWAYS - Chairman William M. Davenport Attorney John Richardson advised of the three (3) GOALS of the LEGAL COMMITTEE: I. To provide the regulatory framework necessary to improve the appearance of developed areas of the City of Virginia Beach, particularly along major streets and resort areas. II. To improve the quality of new development within existing constitutional and state-law framework. III. To establish a sound legal basis in support of new ordinances implementing Task Force proposals. Shirley Elstrodt, Chairman, outlined the Report of the HORTICULTURAL AND LANDSCAPING COMMITTEE. The GOALS were itemized as follows: I. To identify and landscape highly visible strategic areas as well as screen the less desirable unsightly areas. II. To encourage and coordinate increased use of color with a city annual flower program. III. Increase education and awareness in schools and community on horticultural subjects. IV. To increase the number of trees in Virginia Beach, especially larger growing varieties. V. Unify all organizations. - 14 - Item IV-F.2. CITY MANAGER REPORTS BEAUTIFICATION COMMITTEE REPORT TTEM # 29021 (Continued) Arthur L. Collins, Chairman, HIGHWAYS COMMITTEE, advised the proposed SOUTHF,ASTERN EXPRESSWAY Project will be a six - expandable to eight - lane limited access highway which will connect Route 44 (The Virginia Beach Toll Road) in the vicinity of Oceana NAS to I-64 in Chesapeake, somewhere in the vicinity of I-464. This project, as well as the other highway corridors, can provide an excellent vehicle for reducing and enhancing the visual blight in the City. The GOALS are as follows: I. To make the proposed Southeastern Expressway an aesthetically pleasing and functional highway facility. II. To beautify and improve aesthetics for all existing and new arterial highways, parkways and collector streets in the City of Virginia Beach. III. To improve and provide aesthetics for existing and future State limited access highways in the City of Virginia Beach. William M. Davenport, Chairman, presented the report of the PUBLIC OPEN SPACE AND WATERWAYS COMMITTEE. The GOALS are as follows: Back Bay and its environs lie wholly within the boundaries of the City of Virginia Beach. Within the next decade, development pressures will mount and the urbanization of northern Virginia Beach will begin to spill over into the Back Bay/North Landing River watershed and the predominantly rural areas of Southern Virginia Beach. I. Maintain the highest standards of water quality for preserving the naturally occurring plants, animals, and marine life for recreational, ecological and aesthetic purposes. II. Insure an orderly, appropriate and wise use of the land within the watershed to maintain the highest level of water quality and to preserve as much as possible the natural landscape for the use and enjoyment of future generations. Virginia Beach is located at the confluence of the Lynnhaven River, the Chesapeake Bay, and the Atlantic Ocean. It is the framework of these water bodies that provide the physical and economic foundation for the City and, within which, countless opportunities and constraints to City growth have been presented. Waterways and wetlands in the Lynnhaven watershed are so extensive throughout the urbanized area that they have assumed the critical role of storm water outfalls, thus becoming increasing polluted and abiotic. I. Maintain high standards of water quality for primary recreational contact, oyster harvesting, fishing, and existing storm water management functions. IT. Link, unify, and expand existing public open space for increased visibility, usability and functionability. The PRELIMINARY REPORT of the CITY'S APPEARANCE TASK FORCE was distributed to City Council and is hereby made a part of the record. 5 Item IV-G.l. RESOLUTIONS ITF14 29022 Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council ADOPTED Resolutions approving the Tssuance of Industrial Development Revenue Bonds: YAGEN PROJECT $2,080,000 DAM NECK SQUARE $2,465,000 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None SUMMARY CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: YAGEN PROJECT 2. LOCATION: 4455 South Boulevard, Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: commercial office building 4. AMOUNT OF BOND ISSUE: $2,080,000 5. PRINCIPALS: Wolfgang C. Yagen & Elaine P. Yagen 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: I-1 b. Is rezoning proposed? No c. If so, to what zoning classification? N/A A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Adminis- tration Building, on the 21st day of March, 1988. on motion by Councilman Fentress and seconded by Councilman Moss the follow- ing Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR WOLFGANG G. YAGEN AND ELAINE P. YAGEN WHEREAS, the Citv of Virginia Beach Development Authori- ty (the "Issuer"), has considered the proposal of Wolfqang G. Yagen and Elaine P. Yagen (the "Borrowers") for the issuance of the Issuer's floating rate demand industrial development revenue refunding bonds in an amount not to exceed $2,080,000 (the "Bonds") to assist in the refunding of the Issuer's $2,100,000 Industrial Development Revenue Bond (Wolfgang G. Yagen Project) Series of 1984 issued on December 28, 1984 (the "Original Bond"), to finance the acquisition, construc- tion and equipping of a commercial office building (the "Project") located at 4455 South Boulevard in the City of Virginia Beach, Virginia, and owned by the Borrowers, and has held a public hearing thereon on March 8, 1988; and WHEREAS, the Issuer has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 15.1-1378.1 of the Code of Virginia Of 1950, as amended; WHEREAS, a copy of the Issuer's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolu- tion are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority to assist in the refunding of the original Bond, to the extent of and as required by Section 147(f) of the Internal Revenue Code of 1986, as amended. 3. The approval of the issuance of the Bonds, as required by such Sections 147(f) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the creditworthi- ness of the Borrowers, but, pursuant to chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Issuer shall be obliqated to pav the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxinq power of the Commonwealth, the City or the Issuer shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on March 21, 1988- 2 City Council of Virginia Beach, Virginia Municipal Center Virginia Beach, Virginia FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING March 1, 1988 Wolfgang G. Yagen and Ruth P. Yagen Commercial Office Building Refunding Bonds 1. Maximum amount of financing sought $2,080,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $3,600,000 3. Estimated real property tax per year using present tax rates $ 28,800 4. Estimated personal property tax per year using present tax rates $ 18,500 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 19,000 6. Estimated dollar value per year of goods and services that will be purchased locally $1,450,000 7. Estimated number of regular employees on year round basis $ 410 B. Average annual salary per employee $ 15,048 The information contained in this statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORIT By " ' SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: DAM NECK SQUARE APARTMENTS 2. LOCATION: 1529 Meridian Way, Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 79 unit multifamily residential rental project 4. AMOUNT OF BOND ISSUE: $2,465,000 5. PRINCIPALS: Julian Rashkind, Michael Rashkind, Alan Rashkind, Lisbeth Hartzell, Bert Englander and Joseph Basgier 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: PDH-1 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A RESOLUTION APPROVING THE ISSUANCE OF MULTIFAMILY RESIDENTIAL RENTAL REFUNDING BONDS FOR DAM NECK SQUARE APARTMENTS Resolution WHEREAS, the City of Virginia Beach Development Authori- ty (the "Authority") has considered the request of Dam Neck Square Apartments, a Virginia general partnership (the "Company") whose address is 2701 Avenger Drive, Virginia Beach, Virginia 23452, for the issuance of the Authority's Multifamily Residential Rental Refunding Bonds in an amount not to exceed $2,465,000 (the "Bonds") to refund the Authori- ty's 1985 $2,465,000 Multifamily Residential Rental Revenue Bond (Dam Neck Square Apartments Facility) (the "Original Bond"); and WHEREAS, the Original Bond was issued by the Authority on December 31, 1985, to assist the Company in financing the planning, development, acquisition and construction of a residential rental project containing 79 units (the "Pro- ject") located at 1529 Meridian Way in the City of Virginia Beach, Virginia; and WHEREAS the Authority held a public hearing on the issuance of the Bonds on March 8, 1988; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code"), provides that the governmental units having jurisdiction (a) over the issuer of the indus- trial development revenue bonds and (b) over the area in which any facility financed with the proceeds of industrial development revenue bonds is located, shall approve the issuance of such bonds; and WHEREAS, Chapter 514 of the 1983 Acts of the General Assembly of Virginia ("Chapter 51411) and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code") provides that the governing body of the municipality on behalf of which the bonds of the Authority are to be issued shall approve or disapprove the financing of any facility recominended by the Authority; and WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, Virginia (the "City"), the Project is located in the City and the Council of the City (the "Coun- cil") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds and recommending the Council's approval thereof, subject to terms to be agreed upon, a record of the public hearing, including a reasonably detailed sununary of the comments expressed at the hearing, and the fiscal impact statement required by Chapter 514 and Section 15.1-1378.2 of the Virginia Code have been filed with the Council; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Bonds by the Authority for the benefit of the Company, to the extent and as required by the Internal Revenue Code, Chapter 514, and Section 15.1-1378.1 of the virginia Code, to permit the Authority to assist in the refinancing of the Project. 3. The approval of the issuance of the Bonds, as required by the Internal Revenue Code, Chapter 514, and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Company, but, as required by Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on March 1988. 2 FISCAL IMPACT STATEMENT FOR PROPOSED MULTIFAMILY RENTAL HOUSING REVENUE BONDS DATE: February 22, 1988 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Dam Neck Square Apartments TYPE OF FACILITY: Apartment Complex 1. maximum amount of financing sought $2,465,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $2,765,000 3. Estimated real property tax per year using present tax rates $ 24,249 4. Estimated personal property tax per year using present tax rates $ 100 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 990 6. Estimated dollar value per year of qoods and services that will be purchased locally $ 116,248 7. Estimated number of regular employees on year round basis 3 B. Average annual salary per employee $ 10,382 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEA DEVELOPMENT AUTHORIT By @hairm,7 - 16 - Item IV-H.l. a/b ORDINANCES ITEM # 29023 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council ADOPTED: Franchise for Lifeguard and Beach Equipment Rental Services at Little Island Park: a. Ordinance to TRANSFER $14,50o from sources within the Department of Parks and Recreation to fund a franchise agreement with OCEAN RENTALS, LTD b. Ordinance APPROVING a franchise agreement for lifeguard services and beach equipment rentals at Little Island Park and GRANTING unto OCEAN RENTALS, LTD. a franchise for a term of FTVE (5) years from April 1, 1988, to March 31, 1993, to use that portion of the public beach, adjacent to the Atlantic Ocean, known as Little Island Park for the purpose of conducting certain beach equipment rental operations, in consideration for the provision of lifeguard and other services and for such other good and valuable consideration as the City and OCEAN RENTALS, LTD. may agree upon, CONDITIONED on its execution of a franchise agreement, and its compliance with all of the terms and conditions thereof Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker* and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $14,500 FROM SOURCES WITHIN THE DEPARTMENT OF PARKS AND RECREATION TO FUND A FRANCHISE AGREEMENT WITH OCEAN RENTALS, LTD. 14HFRE,%S, the Dep;iitmenr c,f Parks ,and Recreation solicited proposal.,, for it fratich@se for lifeg@Aat.@d and I)ea(-,h rental ser-.,i, es at Little Island Park, and V,IiEREAS, it was deterniined tliat the propc)sal subuiittod by Oc@can Rentals, Ltd. w@,ul,l be i.,i the b(,st inter@2st of (@he G@ty, and WHEPE,\S, b3- the prop,)s@il ttio Citv @otil,i transfer liability relatLve to third part@- claims to Ocean Pental , -td. . the!@eb,l r(-,dti,.-,ing associated risk manageieent costs, ;ind WHEREAS. the costs to the City in FY 1983-89 wou'd be $58@000 for the francliisc a-reemeilt i'athei, than S77,139 f@)r in-house pr@)vision of the service,@, which is a savings in FY 1988-89 of $19,-@39, @ind t1/2H.EREAS, $14.500 is nee(led to iiiitiate the fr@inciiise agreeinent toi the reniainder of FY 1987-88. NOW !HEREFORE BE IT ORDAINED BY THE CITY COUNCTL OF VIRGINTA BEACH %71RGINIA. that funds ip. t@,,Ie iin@)ulit of $14,500 b(,, tran@ferr(.,d within the Department of Parks and Recreation f,)t, FY 1987-88 t,) fun(i tlie flrst@ payment of the frap@cliisc @igi-eeme,,it an@l that Parks aii,l Re,:i-eation's FY 1988-89 Oper@iting Btid--et be adjusted to reflect the cost of th,-@ -,-,ntiact, @ind BE TT FLRIHEP, ORDAINED, thit the Citv Manager i@ aiithorized to cilter into @x Fraii@--hise A-.reement with Ocean Rent@ils, to provide lifog(l@it'd and beach eqllipment services. T[iis Ordinance :@hall be effect@ve fr,,m the date of its adoptior,. Adopted by the Clouncil ot tlie City (,f Vir--iiii@j Be@icli, Virginia on the 21st dav @f March -1 1988. 7- AN ORDINANCE APPROVING A FRANCHISE AGREEMENT 2 FOR LIFEGUARD SERVICES AND BEACH EQUIPMENT 3 RENTALS AT LITTLE ISLAND PARK AND GPANTING 4 UNTO OCEAN RENTALS LTD. A FRANCHISE FOR A 5 TERM OF FIVE (5) YEARS FROM APRIL 1, 1988 TO 6 MARCH 31, 1993 TO USE TRAT PORTION OF THE 7 PUBLIC BEACH, ADJACENT TO THE ATLANTIC OCEAN, 8 KNOWN AS LITTLE ISLAND PARK FOR THE PURPOSE 9 OF CONDUCTING CERTAIN BEACH EQUIPMENT RENTAL 10 OPERATIONS, IN CONSIDERATION FOR THE 11 PROVISION OF LIFEGUARD AND OTHER SERVICES AND 12 FOR SUCH OTHER GOOD AND VALUABLE 13 CONSIDERATION AS THE CITY AND OCEAN RENTALS 14 LTD. MAY AGREE UPON, CONDITIONED ON ITS 15 EXECUTION OF A FRANCHISE AGREEMENT, AND ITS 16 COMPLIANCE WITH ALL OF THE TERMS AND 17 CONDITIONS THEREOF 18 19 20 WHEREAS, the City of Virginia Beach has decided to 21 provide lifeguard and other services at Little Island Park; and 22 WHEREAS, the City has further decided to provide for 23 the rental of beach equipment to visitors of the beach at Little 24 Island Park; and 25 WHEREAS, the City has determined that the provision of 26 lifeguard and other services and the rental of beach equipment at 27 Little Island Park can be accomplished more effectively at this 28 time by an independent contractor; and 29 WHEREAS, the City advertised a Request for Proposals 30 (RFP #9926) for the provision of lifeguard and other services and 31 the rental of beach equipment at Little Island Park; and 32 WHEREAS, the City received two proposals in response to 33 RPP #9926 one of which was from ocean Rentals Ltd.; and 34 WHEREAS, the City has determined that the proposal from 35 Ocean Rentals Ltd. was the most responsive and competitive of the 36 two proposals received; and 37 WHEREAS, the City desires to grant a franchise to Ocean 38 Rentals Ltd. to use that portion of the public beach, adjacent to 39 the Atlantic Ocean, known as Little Island Park for the purpose 40 of conducting certain beach rental operations in consideration 41 for the provision of lifeguard and other services and for such 42 other good and valuable consideration as the City and ocean 43 Rentals Ltd. may agree upon; and 4 4 WHEREAS, the City has developed a Franchise Agreement 45 which sets forth the minimum requirements for the provision of 46 lifeguard and other services and beach equipment rental 47 operations on the beach at Little Island Park; and 48 WHEREAS, Ocean Rentals Ltd. will be required to 49 execute, and to comply with the terms and conditions of the 50 Franchise Agreement as a condition of the grant of the Franchise 51 and the continued existence thereof. 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 53 CITY OF VIRGINIA BEACH, VIRGINIA: 54 That a Franchise Agreement for lifeguard services and 55 beach equipment rentals at Little Island Park is hereby approved 56 and that a franchise is hereby granted unto Ocean Rentals Ltd. 57 for a term of five (5) years from April 1, 1988 to March 31, 58 1993, to use that portion of the public beach, adjacent to the 59 Atlantic ocean, known as Little Island Park for the purpose of 60 conducting certain beach equipment rental operations in 61 consideration for the provision of lifeguard and other services 62 and for such other good and valuable consideration as the City 63 and Ocean Rentals Ltd. may agree upon, conditioned on its 64 execution of the Franchise Agreement, and its compliance with all 65 of the terms and conditions thereof. 66 Adopted by the Council of the City of Virginia Beach, 21 March 67 Virginia, on the day of 1988. 68 69 70 71 RMB/epm 72 03/09/88 73 03/16/88 74 CA-2616 75 G:\ORDIN\NONCODE\LITTLEISLAND.ORD 2 - 17 - Item IV-H.2. ORDINANCES ITEM # 29024 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council DEFERRED INDEFINITELY: Ordinance to AMEND and REORDAIN in its entirety Chapter 13, Article II of the Code of the City of Virginia Beach, Virginia, pertaining to FOOD HANDLERIS CARDS FOR RESTAURANT EMPLOYEES. The City Manager advised the City Staff and the Health Department had been co- ordinating with the Restaurant Association relative modifications to the Ordinance. Additional time is required for these modifications. Councilman Heischober requested an associated resolution accompany the Ordinance to pursue Dr. Crawford's idea to encourage the private sector and Tidewater Community College to co-ordinate relative a Food Managers Certification. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 18 - Item IV-I. CONSENT AGENDA ITEM # 29025 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED in ONE MOTION, Items 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17 and 18 of the CONSENT AGENDA. Items 1 and 13 were pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 19 - Item IV-1. CONSENT AGENDA ITEM # 29026 On June 8, 1987 a Conditional Use Permit was issued for bicycle stands for one year and same has not been utilized. Councilman Fentress wished this CUP for bicycle stands be eliminated. The applicant will only operate a OPEN AIR/BOARDWALK CAFE. Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council DEFERRED one week until the City Council Meeting of March 28, 1988: Ordinance AUTHORIZING the City of Virginia Beach to grant a franchise to HWC INVESTMENTS to operate an OPEN AIR/BOARDWALK CAFE This DEFERRAL will enable the applicants agreement to elimination of the Conditional Use Permit for the bicycle stands. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 20 - Item IV-I.2. CONSENT AGENDA ITF14 # 29027 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 21-336 and 21-338 of the Code of the City of Virginia Beach, Virginia, pertaining to DRTVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 21-336 AND 21-338 OF THE 3 CODE OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO DRIVING 5 WHILE UNDER THE INFLUENCE OF 6 ALCOHOL AND/OR DRUGS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 21-336 and 21-338 of the Code of the City 11 of Virginia Beach is hereby amended and reordained to read as 12 follows: 13 ARTICLE X. DRIVING WHILE UNDER 14 INFLUENCE OF ALCOHOL ER-E)RUGS AND/OR DRUGS 15 16 Section 21-336. Prohibited. 17 18 (a) No person shall drive or operate in the city any 19 automobile or other motor vehicle, engine or train (i) while such 20 person has a blood alcohol concentration of ten one-hundredths 21 (0.10) percent or more by weight by volume as indicated by a 22 chemical test administered in accordance with the provisions of 23 section 21-338, of (ii) while such person is under the influence 24 of alcohol, or (iii) while such person is under the influence of 25 any narcotic drug or any other self-administered intoxicant or 26 drug of whatsoever naturet, or any combination of such drugs, to 27 a degree which impairs his ability to drive or operate any motor 28 vehicle, engine or train safely, or (iv) while such person is 29 under the combined influence of alcohol and any drug or drugs to 30 a degree which impairs his ability to drive or operate any motor 31 vehicle, engine or train safely. 32 (b) For the purposes of this section, the term "motor 33 vehicle" shall include mopeds while operated on the public 34 highways of the city. 35 36 Section 21-338. Chemical test to determine alcoholic content 37 of blood. 38 39 (a) As used in this section, I'licensell means any 40 driver's license, temporary driver's license or instruction 41 permit authorizing the operation of a motor vehicle upon the 4 2 highways. The term 'IdDivision," as used in this section, means 43 the sstate ddivision of econsolidated llaboratory sservices. 44 (b) Any person, whether licensed by the state or not, 45 who operates a motor vehicle in this city shall be deemed 46 thereby, as a condition of such operation, to have consented to 47 have a sample of his blood or breath or both blood and breath 48 taken for a chemical test to determine the alcoholic or drug or 49 both alcoholic and drug content of his blood, if such person is 50 arrested for a violation of section 21-336, within (2) hours of 51 the alleged offense. 52 (bl) Any person so arrested shall elect to have either 53 the blood or breath sample taken, but not both. If either the 54 blood test or the breath test is not available, then the 55 available test shall be taken. However, it shall not be a matter 56 of defense if the blood test or the breath test is not available. 57 In addition, if the accused elects a breath test, he shall be 58 entitled, upon request, to observe the process of analysis and to 59 see the blood-alcohol reading on the equipment used to perform 60 the breath test. If such equipment automatically produces a 61 written printout of the breath test result, this written 62 printout, or a copy thereof, shall be given to the accused in 63 each case. 64 (b2) A person, after being arrested for driving under 65 the influence of any drug or combination of drugs or the combined 66 influence of alcohol and any drug or drugs, may be required to 67 submit to tests to determine the alcoholic or drug or both 68 alcoholic and drug content of his blood. If a person, after 69 being arrested for any violation of section 21-336, chooses to 70 submit to a breath test in accordance with subsection (bl) of 71 this section, that person may also be required to submit to tests 72 to determine the drug content of his blood if the law-enforcement 73 officer has reasonable cause to believe the person was driving 74 under the influence of any drug or combination of drugs or the 75 combined influence of alcohol and drugs. 76 (c) If a person, after being arrested for a violation 77 of section 21-336 and after having been advised by the arresting 2 78 officer that a person who operates a motor vehicle upon a public 79 highway in this city shall be deemed thereby, as a condition of 80 such operation, to have consented to have a samples of his blood 81 or breath taken for a chemical tests to determine the alcoholic 82 or drug or both alcoholic and drug content of his blood, and that 83 the unreasonable refusal to do so constitutes grounds for the 84 revocation of the privilege of operating a motor vehicle upon the 85 highways of this city, then refuses to permit the taking of a 86 samples of his blood or breath or both blood and breath for such 87 test, the arresting officer shall take the person arrested before 88 a committing magistrate. If he again so refuses after having 89 been further advised by such magistrate of the law requiring a 90 blood or breath or both blood and breath tests to be taken and 91 the penalty for refusal, and so declares again his refusal in 92 writing, upon a form provided by the division, or refuses or 93 fails to so declare in writing and such fact is certified as 94 prescribed in subsection tnt(i) of this section, then no blood or 95 breath sample shall be taken even though he may thereafter 96 request same. 97 (d) Only a physician, registered professional nurse, 98 graduate laboratory technician or a technician or nurse 99 designated by order of a circuit court acting upon the 100 recommendation of a licensed physician, using soap and water to 101 cleanse the part of the body from which the blood is taken and 102 using instruments sterilized by the accepted steam sterilizer or 103 some other sterilizer which will not affect the accuracy of the 104 test, or using chemically clean sterile disposable syringes, 105 shall withdraw blood for the purpose of determining the alcoholic 106 or drug or both alcoholic and drug content thereof. No civil 107 liability shall attach to any person authorized to withdraw blood 108 as provided herein as a result of the act of withdrawing blood 109 from any person submitting thereto, provided the blood was 110 withdrawn according to recognized medical procedures. The ill foregoing shall not relieve any such person from liability for 112 negligence in the withdrawing of any blood sample. 3 113 fet(dl) Adequate Pportions of the blood sample so 114 withdrawn shall be placed in vials provided by 115 the ddivision, which vials shall be sealed and labeled by the 116 person taking the sample or at his direction, showing on each the 117 name of the accused, the name of the person taking the blood 118 sample and the date and time the blood sample was taken. The 119 vials shall be p3:aeed--@ divided between two (2) containers 120 provided by the ddivision, which containers shall be sealed so as 121 not to allow tempering with the contents. The arresting or 122 accompanying officer shall take possession of the two (2) 123 containers holding the vials as soon as the vials are placed in 124 such containers and sealed, and shall transport or mail one of 125 the vi:&-Is containers forthwith to the ddivision. The officer 126 taking possession of the other container (hereinafter referred to 127 as second container) shall, immediately after taking possession 128 of the second container, give to the accused a form provided by 129 the ddivision which shall set forth the procedure to obtain an 130 independent analysis of the blood in the second container, and a 131 list of those laboratories, approved by the ddivision, and their 132 addresses. Such form shall contain a space for the accused or 1 3 3 his counsel to direct the officer possessing such second 1 3 4 container to forward that container to such approved laboratory 135 for analysis, if desired. The officer having the second 136 container, after delivery of the form referred to in the 1 37 preceding sentence (unless at that time directed by the accused 1 38 in writing on such form to forward the second container to an 139 approved laboratory of the accused's choice, in which event the 1 40 officer shall do so), shall deliver the second container to the 141 chief of police or his duly authorized representative. The chief 142 of police or his representative upon receiving same shall keep it 143 in his possession for a period of seventy-two (72) hours, during 144 which time the accused or his counsel may, in writing, on the 145 form provided for hereinabove, direct the chief of police to mail 146 such second container to the laboratory of the accused's choice 147 chosen from the approved list. 4 1 48 fft(d2) The testing of the contents of the second 149 container shall be made in the same manner as hereafter set forth 150 concerning the procedure to be followed by the ddivision, and all 151 procedures established herein for transmittal, testing and 152 admission of the result in the trial of the case shall be the 153 same as for the sample sent to the ddivision, provided that an 154 analysis of the second blood sample to determine the presence of 155 a drug or drugs shall not be performed unless an analysis of the 156 first blood sample by the Division has indicated the presence of 157 drugs. 158 fgl(d3) A fee not to exceed twenty-five dollars 159 ($25.00) shall be allowed the approved laboratory for making the 160 analysis of the second blood sample, which fee shall be paid out 161 of the appropriation for criminal charges. A fee not to exceed 16 2 the amount established on a schedule of fees to be published by 16 3 the Division for the required procedure or procedures shall be 164 allowed the approved laboratory for making an analysis of the 165 second blood sample to determine the presence of a drug or drugs, 166 which fee shall be paid out of the appropriation for criminal 167 charges. If the person whose blood sample was withdrawn is 168 subsequently convicted for violation of section 21-336, the fee 169 charged paid by the +aberatory commonwealth for testing the blood 170 sample shall be taxed as part of the costs of the criminal case 171 and shall be paid into the general fund of the state treasury. 172 fht(d4) If the chief of police is not directed, as 173 provided in this section, to mail the second container within 174 seventy-two (72) hours after receiving such container, he shall 175 destroy such container. 176 fit(e) Upon receipt of the blood sample forwarded to 177 the eldivision for analysis, the ddivision shall cause it to be 178 examined for alcoholic or drug or both alcoholic and drug content 179 and the director of the ddivision or his designated 180 representative shall execute a certificate which shall indicate 181 the name of the accused, the date, time and by whom the blood 182 sample was received and examined, a statement that the container 183 seal had not been broken or otherwise tampered with, a statement 5 184 that the container was one provided by the ddivision and a 185 statement of the alcoholic or drug or both alcoholic and drug 186 content oE the sample. The certieicate attached to the vial Erom 187 which the blood sample examined was taken shall be returned to 188 the clerk oE the court in which the charge will be heard. The 189 certieicate attached to the container Eorwarded on behalf of the 190 accused shall also be returned to the clerk of the court in which 191 the charge will be heard, and, on motion oE the accused, such 192 certificate shall be admissible in evidence when attested by the 193 pathologist or by the supervisor of the laboratory approved by 194 the ddivision. 195 f@t(f) When any blood sample taken in accordance with 196 the provisions of this section is forwarded for analysis to the 197 ddivision, a report of the results of such analysis shall be made 198 and filed in that office. upon proper identification of the vial 199 into which the blood sample was placed, the certificate, as 200 provided for in this section, shall, when duly attested by the 201 director of the ddivision or his designated representative, be 202 admissible in any court, in any criminal or civil proceeding, as 203 evidence of the facts therein stated and of the results of such 204 analysis. 205 fkt(g) Upon the request of the person whose blood or 206 breath or both blood and breath sample was taken for et chemical 207 tests to determine the alcoholic or drug or both alcoholic and 208 drug content of his blood, the results of such test or tests 209 shall be made available to him. 210 fit(h) A fee not exceeding ten dollars ($10.00) shall 211 be allowed the person withdrawing a blood sample in accordance 212 with this section, which fee shall be paid out of the 213 appropriation for criminal charges. If the person whose blood 214 sample was withdrawn is subsequently convicted for a violation of 215 section 21-336, or is placed under the purview of a probational, 216 educational or rehabilitational program, as set forth in section 217 18.2-271.1 of the Code of Virginia, the amount charged by the 218 person withdrawing the sample shall be taxed as part of the costs 6 2 19 of the criminal case and shall be paid into the general fund of 220 the state treasury. 221 tmt(i) In any trial for a violation of section 21-336, 222 this section shall not otherwise limit the introduction of any 223 relevant evidence bearing upon any question at issue before the 224 court, and the court shall, regardless of the result of the blood 2 2 5 or breath test or tests, if any, consider such other relevant 226 evidence of the condition of the accused as shall be admissible 227 in evidence. If the results of such a blood test indicate the 228 presence of a drug or drugs other than alcohol, the test results 229 shall be admissible only if other competent evidence has been 230 presented to relate the presence of drug or drugs to the 231 impairment of the accused's ability to drive or operate any motor 232 vehicle, engine or train safely. The failure of an accused to 233 permit a sample of his blood or breath to be taken for a chemical 234 test to deterrnine the alcoholic or drug content of his blood is 235 not evidence and shall not be subject to comment by the 236 prosecution at the trial of the case, except in rebuttal; nor 237 shall the fact that a blood or breath test had been offered the 238 accused be evidence or the subject of comment by the prosecution, 239 except in rebuttal. 240 fnf(j) The form referred to in subsection (c) of this 241 section shall contain a brief statement of the law requiring the 242 taking of a blood or breath or both blood and breath samples and 243 the penalty for refusal, a declaration of refusal and lines for 244 the signature of the person from whom the blood or breath or both 245 blood and breath sample is sought, the date and the signature of 246 a witness to the signing. If such person refuses or fails to 247 execute such declaration, the committing justice, clerk or 248 assistant clerk shall certify such fact, and that the committing 249 justice, clerk or assistant clerk advised the person arrested 250 that such refusal or failure, if found to be unreasonable, 251 constitutes grounds for the revocation of such person's license 252 to drive. The committing or issuing justice, clerk or assistant 253 clerk shall forthwith issue a warrant charging the person 2 5 4 refusing to take the test to determine the alcoholic or drug or 7 2 5 5 both alcoholic and drug content of his blood with violation of 2 56 this section. The warrant shall be executed in the same manner 257 as criminal warrants. Venue for the trial of the warrant shall 2 58 lie in the court of the city in which the offense of driving 259 under the influence of intoxicants is to be tried. 260 fet(k) The executed declaration of refusal or the 261 certificate of the committing justice, as the case may be, shall 262 be attached to the warrant and shall be forwarded by the 263 committing justice, clerk or assistant clerk to the court in 264 which the offense of driving under the influence of intoxicants 265 shall be tried. 266 fpf(l) When the court receives the declaration of 267 refusal or certificate referred to in subsection fet (k) of this 268 section, together with the warrant charging the defendant with 269 refusing to submit to having a sample of his blood or breath or 270 both blood and breath taken for the determination of the 271 alcoholic or drug or both alcoholic and drug content of his 272 blood, the court shall fix a date for the trial of such warrant, 273 at such time as the court shall designate, but subsequent to the 274 defendant's criminal trial for driving under the influence of 275 intoxicants. Upon request, the defendant shall be granted a 276 trial be PI jury on appeal to the circuit court. 277 fqt(m) The declaration of refusal or certificate under 278 subsection fef(k), as the case may be, shall be prima facie 279 evidence that the defendant refused to submit to the taking of a 280 sample of his blood or breath or both blood and breath to 281 determine the alcoholic or drug or both alcoholic and drug 282 content of his blood as provided hereinabove. However, this 283 shall not be deemed to prohibit the defendant from introducing, 284 on his behalf, evidence of the basis for his refusal to submit to 285 the taking of a sample of his blood or breath or both blood and 286 breath to determine the alcoholic or drug or both alcoholic and 287 drug content of his blood. The court shall determine the 288 reasonableness of such refusal. 289 frt(n) If the court or jury finds the defendant guilty 290 as charged in the warrant issued under this section, the court 8 291 shall suspend the defendant's license for a period of six (6) 29 2 months for a first offense and for one year for a second or 293 subsequent offense or refusal within one year of the first or 294 other such refusals. The time shall be computed as follows: The 295 date of the first offense and the date of the second or 296 subsequent offense; however, if the defendant pleads guilty to a 297 violation of section 21-336, the court may dismiss the warrant. 298 fsf(o) The court shall forward the defendant's license 299 to the commissioner of the division of motor vehicles of Virginia 300 as in other cases of similar nature for suspension of license, 301 unless the defendant appeals his conviction. In such case the 30 2 court shall return the license to the defendant upon his appeal 303 being perfected. 304 ftt @ The procedure for appeal and trial shall be the 305 same as provided by law for misdemeanors; if requested by either 306 party, trial by jury shall be as provided in article 4 of chapter 307 15 (section 19.2-260, et seq.) of title 19.2, Code of Virginia, 308 and the city shall be required to prove its case beyond a 309 reasonable doubt. 310 f tit (q) No person arrested for a violation of section 311 21-336 shall be required to execute, in favor of any person or 312 corporation, a waiver or release of liability in connection with 313 the withdrawal of blood and as a condition precedent to the 314 withdrawal of blood as provided for herein. 315 fvt(r) The court or the jury trying the case shall 316 determine the innocence or the guilt of the defendant from all 317 the evidence concerning his condition at the time of the alleged 318 offense. 319 fw1/2(rl) Chemical analysis of a person's breath, to be 320 considered valid under the provisions of this section, shall be 321 performed by an individual possessing a valid license from the 322 ddivision to conduct such tests, with a type of equipment and in 323 accordance with the methods approved by the ddivision. Such 324 breath-testing equipment shall be tested for its accuracy by the 325 ddivision at least once every six (6) months. Any individual 326 conducting a breath test under the provisions of this section and 9 327 as authorized by the ddivision shall issue a certificate, which 328 will indicate that the test was conducted in accordance with the 329 manufacturer's specifications, the equipment on which the breath 330 test was conducted has been tested within the past six (6) 3 3 1 months and has been found to be accurate, the name of the 332 accused, the date, the time the sample was taken from the 333 accused, the alcoholic content of the sample and by whom the 334 sample was examined. Such certificate, when duly attested by the 335 authorized individual conducting the breath test, shall be 336 admissible in any court in any criminal or civil proceeding as 337 evidence of the facts therein stated and of the results of such 338 analysis. Any such certificate of analysis purporting to be 339 signed by a person authorized by the ddivision shall be 340 admissible in evidence without proof of seal or signature of the 341 person whose name is signed to it. The officer making the 342 arrest, or anyone with him at the time of the arrest, or anyone 343 participating in the arrest of the accused, if otherwise 344 qualified to conduct such test as provided by this section, may 345 make the breath test or analyze the results thereof. A copy of 346 such certificate shall be forthwith delivered to the accused. 347 fxt(s) The steps set forth in this section relating to 348 the taking, handling, identification and disposition of blood or 349 breath samples are procedural in nature and not substantive. 350 Substantial compliance therewith shall be deemed to be 351 sufficient. Failure to comply with any one or more of such steps 352 or portions thereof, or a variance in the results of the two (2) 353 blood tests, shall not, of itself, be ground for finding the 354 defendant not guilty, but shall go the weight of the evidence and 355 shall be considered as set forth above with all the evidence in 356 the case, provided that the defendant shall have the right to 357 introduce evidence on his own behalf to show noncompliance with 358 the aforesaid procedure or any part thereof, and that, as a 359 result, his rights were prejudiced. 360 10 361 Adopted by the Council of the City of Virginia Beach, 362 Virginia, on the 21st day of March 1 1988. 36 3 364 WEb/epm 365 03/07/88 366 CA-02 367 \ordin\proposed\21-336etc.pro 368 11 - 21 - Item IV-I-3- CONSENT AGENDA ITEM # 29028 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia, authorizing HUNT GLUB FOREST as a BIRD SANCTTJARY Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Requested by Councilwoman Reba McClanan 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 5-31 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO BIRD SANCTUARIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 5-31 of the Code of the City of Virginia 9 Beachisherebyamendedandreordainedtoreadasfollows: 10 1 2 3 Section 5-31. Established; purpose. 4 5 The following described areas in the city are hereby 6 declared to be bird sanctuaries for the protection of all birds: 7 (1) North Thalia in Kempsville Borough: 8 Beginning at a point in the center 9 of Thalia Creek on the north side 10 of U.S. Route 58 (Virginia Beach 11 Boulevard); thence in a northerly 12 direction following the center of 13 Thalia Creek to the merger of 14 Thalia Creek, the western branch of 15 Lynnhaven River and Buchannan 16 Creek; thence in an easterly 17 direction along the center of 18 Buchanan Creek (Lynnhaven and 19 Kempsville Borough line) to the 20 northeast boundary of Thalia 21 Shores; thence in a southerly 22 direction along the Lynnhaven and 23 Kempsville Borough line to a point; 24 thence along the borough line in a 25 westerly direction approximately 26 twelve hundred (1200) feet, more or 27 less, to a point; thence along the 28 borough line in a southerly 29 direction to the north side of 30 U. S Route 5 8 (Virginia Beach 31 Boulevard) and Route 1192 (West 32 Brook Road); thence in a westerly 33 direction along U.S. Route 58 to 34 the point of beginning. 35 (2) Chesopian Colony in Lynnhaven 36 Borough: Beginning at a point in 37 the center of Pine Tree Branch on 38 the north side of U.S. Route 58 39 (Virginia Beach Boulevard); thence 40 in a northerly direction following 41 the center of Pine Tree Branch to 42 the merger of Pine Tree Branch, the 43 eastern branch of Lynnhaven River 44 and London Bridge Creek; thence in 45 a southeasterly direction along the 46 center of London Bridge Creek to 47 U.S. Route 58 (Virginia Beach 48 Boulevard); thence along the north 49 side of U.S. Route 58 in a westerly 50 d i r e c t i o nto the point of 51 beginning. 52 (3) The subdivisions known as Kings 53 Grant, Alanton, Kings Forest, 54 M a 1 i b u ,Birchwood Gardens, 55 Lynnhaven Acres, Cape-Story-By-The- 56 Sea, Bay Island and Trantwood 57 Shores in the Borough of Lynnhaven 58 and Nottingham Estates, Laurel Cove 59 and Aragona Village in Bayside 60 Borough. 61 (4) All that certain area located in 62 Lynnhaven Borough, including, but 63 not limited to those subdivisions 64 known as Wolfsnare Plantation, 2 6 5 Southern Points, Robin Hood Forest 66 and Great Neck Estates, and being 67 more particularly described as 68 follows: Beginning at a point in 69 the center of Wolfsnare Creek on 70 the western side of Great Neck 71 Road; thence in a westerly 72 direction following the center line 73 of Wolfsnare Creek to the merger of 74 Wolfsnare Creek and the eastern 75 branch of the Lynnhaven River; 76 thence in a northerly direction 77 along the center line of the 78 eastern branch of the Lynnhaven 79 River to the merger of the center 80 line of the eastern branch with 81 Inlynnview Road extended; thence, 82 in an easterly direction and 83 running parallel to Robin Hood 84 Road, down the center of Inlynnview 85 Road to the intersection of 86 Inlynnview Road and Five Points 87 Road; thence in a northerly 88 direction, down the center of Five 89 Points Road to the point of 90 intersection of Five Points Road 91 and Rose Hall Drive; thence in an 92 easterly direction, down the center 93 of Rose Hall D r i v eto the 94 intersection of Rose Hall Drive 95 with Great Neck Road; thence in a 96 southerly direction and traveling 97 along the western right-of-way line 98 of Great Neck Road to the point of 99 merger of the center line of 3 100 Wolfsnare Creek with the western 101 right-of-way line of Great Neck 102 Road, said point being the point of 103 beginning. 104 (5) All that certain area bounded on 105 the north by Shore Drive, on the 106 south by Long Creek, on the west 107 by Great Neck Road and on the east 108 by the subdivision known as Cape- 109 Story-By-The-Sea. 110 (6) The subdivisions known as Lakeview ill Shores, Lake Smith Terrace, Lake 112 Smith Terrace-West, Thoroughgood, 113 Thoroughgood Estates, Lake Shores, 114 Bayville Park, Baylake Pines and 115 Baylake Beach in Bayside Borough. 116 (7) All that certain area located in 117 Princess Anne Borough b e i n g 118 described as follows: From the 119 intersection of the center line of 120 Hell Point Creek and Tabernacle 121 Creek to its intersection with the 122 center line of muddy Creek to its 123 termination at North Bay, then 124 northwardly along the center line 125 of Hell Point Creek to the point of 126 origin. 127 (8) The subdivisions known as Lake 128 James, Kempsville Heights, Point- 129 of -View, Arrowhead, Carolanne 1 30 Farms, Huntington, Fai rf ield , 131 Kempsville manor, Kempsville 1 3 2 Gardens, Lark Downs, Larkspur, 1 3 3 Kempsville Colony, Bellamy Manor, 1 3 4 Acredale, Reverton, Lakeville 4 1 3 5 Estates, Timberlake and Stratford 1 36 Chase in Kempsville Borough and 137 Fawn Village at Indian Lake. 138 (9) All that certain area located in 139 Princess Anne Borough being 1 4 0 described as follows: From the 141 center line of North Landing Road 142 easterly five hundred (500) feet 143 and westerly five hundred (500) 144 feet and running parallel to North 145 Landing Road from the south line of 146 Indian River Road to the Chesapeake 147 C i t y boundary 1 i n e on t h e 148 Intercoastal Waterway. 149 (10) The subdivision known as Lago-mar 150 in Princess Anne Borough. 151 (11) The subdivision known as Green Run 152 in Princess Anne Borough. 153 (12) The subdivisions known as Pembroke 154 Meadows, Pembroke Manor, Witchduck 155 Point and Witchduck Bay in Bayside 156 Borough. 157 (13) The subdivision known as Lynnhaven 158 Colony. 159 (14) All that certain area known as 160 Beach Garden Park in the Lynnhaven 161 Borough of the city; said area is 162 located directly south of Laskin 163 Road, bounded on the west by 164 Barberton Drive and on the east by 165 Holly Road running to 26th Street. 166 (15) All that certain area known as 167 Chesapeake Beach in the Bayside 168 Borough of the city; said area is 169 bounded on the south by Shore 5 170 Drive, bounded on the north by 171 Chesapeake Bay, bounded on the west 172 by Little Creek Amphibious Base, 173 and bounded on the east by the 174 subdivision known as Baylake Pines. 175 (16) All that certain area known as 176 Princess Anne P 1 a z a in the 177 Lynnhaven and Princess Anne 17 8 Boroughs of the city; said area is 1 7 9 bounded on the north by the 180 Virginia Beach toll road, bounded 181 on the west by Rosernont Road, 182 bounded on the south by Holland 18 3 Road and Lynnhaven Parkway, and 184 bounded on the east by Lynnhaven 185 Parkway. 186 (17) All that certain area known as 187 Wolfsnare in the Lynnhaven Borough 188 of the city; said area is bounded 189 on the east by First Colonial Road, 190 on the north by the Northern Branch 191 of Wolfsnare Creek, on the west by 192 Great Neck Road, and on the south 193 by the southern branch of Wolfsnare 194 Creek, Regency Apartments, and 195 Laskin Road; to include the 196 subdivision of First Colonial 197 Estates, Carnden Estates, Glouster 198 Village, Hilltop manor, Wolfsnare 199 Acres, Washington Square and Woods 200 of Washington Square. 201 (18) All that certain area known as Lake 202 Placid in the Princess Anne 203 Borough. 6 204 (19) The subdivision known as Great Neck 205 Point in the Lynnhaven Borough. 206 (20) The subdivision known as Ballylinn 207 Shores in the Kempsville Borough. 208 (21) All that certain area known as Hunt 209 Club Forest in the Princess Anne 210 Borough. 211 212 Adopted by the Council of the City of Virginia Beach, 213 Virginia, on the 21st day of March 1988. 214 215 JDB/epm 216 03/07/88 217 CA-02605 218 \ordin\proposed\05-031.pro 219 - 22 - Item IV-I.4. CONSENT AGENDA ITEM # 29029 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to TRANSFER $291,700 to establish a sewer project for CHRISTOPHER FARMS and to EXECUTE WATER and SEWER COST PARTICIPATION AGREEMENTS Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO TRANSFER FUNDS OF $291,700 TO ESTABLISH A SEWER PROJECT FOR CHRISTOPHER FARMS AND TO EXECUTE WATER AND SEWER COST PARTICIPATION AGREEMENTS WHEREAS, Christopher Associates is developing certain property in the Princess Anne Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, the city has requested that the developer oversize and relocate the sewer pump station and force main to provide sewer service to an expanded area and also to oversize water lines to serve adjacent areas, and WHEREAS, the city desires to enter into cost participation agreements with the city's share of the water costs estimated at $2,566 to be charged to capital project 5-306 Water Request and Agreement Projects and the city's share of the sewer costs estimated at $291,700 to be charged to a new capital project for this purpose with funds being transferred from project 6-316 Various Sewer Projects, and WHEREAS, such construction at this time will provide for future needs and prevent the city from incurring additional costs at a later date. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH THAT project 6-983 Christopher Farms Sewer is hereby established as a capital project and funds of $291,700 are transferred from 6-316 Various Sewer Projects to project 6-983. BE IT FURTHER ORDAINED THAT the City Manager is hereby authorized and directed to enter into cost participation agreements with Christopher Associates for construction of certain water and sewer facilities. Said proposed agreements are hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the _21 .,t_ _._ day of 1988. CIT)( OF VIRGINIA BFACH DEPAR OF PUBLIC UTILITIES OOST PARTICIPATION A (SEWER) TliIS AGREE3,IMT, Made this 3rd day of February , 19 88 , by ajid between Christopher Associates, A Limited hereinafter referred to as "Owner", and Partnership the CITY OF VIRGINIA BEAal, VIRGINIA, hereinafter referred to as the "City". W Owner is seized in fee simple of Christopher Farms and WHEREAS, Owrier is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to confom to said ordinances; and W' , in order for Owner to provide sewer service to this Project, it is necessary for Owner to construct certain sewer facilities; and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to this Project and such construction is of value to the City in providing service to custoiners other than those within the Project limits; NOW, TBEREFORE, in consideration of the mutual prmises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer system (hereinafter the "System") according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall niake cash payment to Owner in the amount of $ 291,7oo.oo after successful completion of the System and acceptance thereof by the City in accordance with the approved plans. 3. The City shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection my be at any point, and the City @ll have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Ovaer hereby agrees that the System, including but not limited to sewer connections, sewer malins, laterals, pipes, and all other facilities, shall be deemed dedir-ated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction, and/or installation of the System. In ttle event any c@m is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the Ci-ty against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's expense. 2 IN WITI@S IVIOMF, the parties hereto have executed and @led this agreement as of the day and year first albove written. CITY OF VIRGINIA BEAal, VI@OINIA c@ City Ma@er DATE ATrEST: City Clerk e m rtnership e a tner ffier, Vice @ident/Generaf Manager DATE (SEAL) Secre@y APPEtOVED AS TO OONTENTS: Department of Public Utilities APPROVED AS TO FORM: City Attorney CERTIFIED AS TO AVAILABILITY OF FUNDS: L)epartmeni STATE OF CITY OF I, a Notary Public in and for the City and State afor@id, do hereby certify that N.,... Schaeffler Vice President and General Manager Of Christopher Development Company -whose name is signed to the writing above, bearing date of has alcknowledged the same before me in my City and @te aforesaid. Given under my @nti this y of 19 88. My Comnission Expires No@ Publi@ STATE OF VIWJINIA CITY OF VIRGINIA BEACH, to-wit: The foregoiag instruroent was acknowledged before me - and Ruth Hodges Saith, the City Manager -d City Clerk, respectively, of the City of Virginia Beach, this day of 1985. NotaU Puolic MY Commission Expires: STATE CITY 0 a Notary Public in and for the City and State aforesaid, do hereby certify that NormanSchaeffler vi@e President and General Manager Of Christopher Developrwnt @rry whose name . is signed to the writing above, bearing date of has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1988. My Commission Expires y Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this day of 1985. Notary Public My Conunission Expires: 3/27/85 mc CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (WATER) THIS AGREEMENT, Made this 3rd day Of February 1988, by and between Christooher Associates, A Limited Partnership herein- after referred to as 'Owner', and tbe CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the 'City". WHEREAS, owner is seized in fee simple of Christopher Farms and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide water service to this Project, it is necessary for Owner -@o cons-'ruc-L certain iiater facilities; and WHEPE,@-, the Ci,@y has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in provid- ing service to customers other than those N-7ithin the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that; 1. Owner shall construct a water system (hereinafter the "System') according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of 2, 566.00 after successful completion of the System and acceptance thereof by the City in accordance with the approved plans. 3. The City shall have the right at any time to make, con- nect, or permit the connection of any other water facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve per- sons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, includ- ing but not limited to water connections, water mains, valves, fittings, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction, and/or installation of the system. In the event any claim is made against the City, either independ- ently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claim. 6. This Agreement shall inure to the benefit of and be bind- ing upon the parties hereto and their respective heirs, suc- cessors, and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA City Mnag@r) DATE ATTEST: (SEAL) City Clerk Ch tel Aartnership Ch yr tner BY No rm Schaeffler, Vice FVsident/General Manager of Chr@o* "ve,@iictsit Company DATE ATTEST: Secretary i APPROVED AS TO CONTENTS: Department of Public Utilities APPROVED AS TO FORM: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Department of Financ@-0) STATE OF f CITY OF a Notary Public in and for the (-@ty and @te afor@id, dc) hereby certify that Norman Schaeffier vice President and General Manager Of Christopher Development Company whose name is signed to the writing above, bearing date of has acknowledged the same before i-n my City and State aforesaid. Given under my @nd this y of 19 88. M,v Coamission Expires No@ Publi@ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me - and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this d2Ly of 1985. Notary Puolic MY Commission Expires: - 23 - Item IV-I-5- CONSENT AGENDA ITEM # 29030 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to TRANSFER $95,743 within the 1987-1992 Capital Improvement Program and execute a Cost Participation Agreement for roadway improvements on ROUNDHILL DRIVE Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDLNANCE TO TRANSFER FUNDS IN THE AMOUNT OF $95,743 WITHIN THE 1987-1992 CAPITAL IMPROVEMENT PROCRAM AND EXECUTE A COST PARTICIPATION AGREEMENT FOR ROADWAY IMPROVEMENTS ON ROUNDHILL DRIVE WHEREAS, the City of Virginia Beach desires to improve the City's transportation system thro.gh the construction and maintenance of highways and arterials throughout the City, and WHEREAS, the Master Street and Highway Plan indicates that Roundhill Drive, a two lane undivided road, be improved to a fo.r lane undivided road, and WHEREAS, the Developer of Bellamy Plantation has agreed to participate in the costs to complete the improvement of Roundhill Drive from a two lane to a four lane roadway from Devonfield Road to the northern boundary of Clenwood, and WHEREAS, the City is willing to participate with the Developer in the construction of said road improvements, and WHEREAS, the proposed participation agrement details the total cost of improvements at $127,908 with the Developer's costs to be $32,165 and the City's costs to be $95,743, and WHEREAS, the City's f.nding for this project may be provided from the transfer of appropriations from project # 2-035 Back Bay Salt Water Line Extension since this project is presently on hold. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $95,743 are hereby transferred within the Capital Improvement Program from Back Bay Salt Water Line Extension project # 2- 035 to Various Cost Participation improvements project # 2-837 to provide the funding necessary to reimburse the Developer for roadway improvements on Roundhill Drive, and BE IT FURTHER ORDAINED the City Mi,t@ager is hereby authorized to execute a cost participation agreement between the City and the Developer for roadway improvements on Roundhill Drive. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of March , 1988. THIS AGREEMENT, made this day of 1988 by and between M.S.G.P., Incorporated, a Virginia @Corporation, hereinafter referred to as "the Owner", party of the first part and the City of virginia Beach, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "the City", party of the second part. WHEREAS, the Owner is the developer of land in the Borough of Kempsville, City of Virginia Beach, commonly known and designated as the subdivision of Bellamy Plantation; and WHEREAS, the City has adopted a Major Right of way i Improvement Policy which is to apply to all roads on the City's Master Street and Highway Plan projected to pass through or abut a proposed development; and WHEREAS, the Owner has dedicated to the City that part ot the proposed right of way for Round Hill Drive which lies within and abuts the subdivision of Bellamy Plantation; and WHEREAS, Round Hill Drive is included in the City's Master Street and Highway Plan; and WHEREAS, the City has determined that Round Hill Drive is necessary to provide immediate access to the proposed development and that the Owner will be reimbursed for all expenditures in excess of what it would cost to construct temporary turn lanes into Bellamy Plantation; and WHEREAS, the City is requiring the Owner to design and construct, in accordance with Plans and Specifications approved by the City, two lanes of a four lane section of Round Hill Drive; and WHEREAS, the City is willing to participate with the owner in the construction of said road and related improvements subject to the following terms and conditions; NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the premises and the mutual covenants and undertaking of the parties of this agreement, the parties hereto mutually agree each with the other as follows: 1. The Owner agrees to perform, or cause to be performed, such clearing, grading, street improvements, storm drainage, engineering, and surveying as may be necessary to construct two southbound lanes of Round Hill Drive from station 8+25.00 to station 22+41.295 as shown on the approved drawings which were prepared by Talbot & Associates, Ltd., and approved by the City entitled Construction Plans of "Glenwood, Round Hill Drive, Lynnhaven Parkway to Independence Boulevard" dated June 12, 1986. 2, The construction costs shall be construed to cover all necessary labor, materials, engineering, testing, and inspection fees and other costs incident to said project whether performed by the owner or by the Owner's subcontractors. Should the Owner request a further modification of the plans referred to in Paragraph 1 above, and the City approved such revision resulting in an increase or decrease in quantities, the amount prorated between the Owner and the City will be adjusted as hereinafter provided in Paragraph 9 hereof. 3. To facilitate the construction of said roads as described in Paragraph 1 of this agreement, the Owner has dedicated, or agrees to dedicate, to the City, the necessary -2- right of way within or abutting the Bellamy Plantation subdivision for Round Hill Drive. 4. The Owner agrees to furnish a defect bond with Corporate Surety, Letter of Credit, or other security approved by the City Attorney, in accordance with standards as established by the Subdivision Ordinance. Cost of this bond shall be considered as a project cost. The amount of this defect bond shall be 10 percent of the cost of the project. 5. The Owner covenants and agrees that the work described herein shall be fully completed in accordance with the agreement between the two parties no later than twenty-four (24) months after execution hereof by the City. 6. The Owner agrees to perform the work in accordance with the construction plans and specifications prepared by Talbot & Associates, Ltd., and at the estimated prices shown on the Tabulation of Construction Cost for "Round Hill Drive (66'R/W)", dated September 14, 1987, attached hereto as "Exhibit A". 7. The City and the Owner agree that the total estimated cost for the construction of Round Hill Drive is $127,907.25) based on the quantities and unit prices shown on "Exhibit A" subject to modification as herein described. 8. The Owner agrees that with respect to Round Hill Drive it will, at its cost and expense, bear the first of cost ($32,164.50) and the City agrees that it will pay the owner the estimated balance of ($95,742.75) based on actual quantities and unit prices bid and as on "Exhibit A". The cost of any change mutually agreed to by the Owner and the City shall be shared -3- equally. When a change is made unilaterally, the party requesting the change shall be responsible for the full cost of the change. 9. After expending its share of the first costs, the Owner will submit a monthly requisition for the quantity of work performed. Such requisition shall be certified as to its accuracy by Talbot & Associates, Ltd., (or such other Professional Engineer certified by the State of Virginia as may be selected by the Owner) and the City's assigned Inspector who will monitor the progress of the work and verify all quantities and construction items for payment. Payment shall be made by the City within thirty (30) days after receipt of the requisition which has been properly verified and approved. All necessary documentation for materials tind contact labor shall be furnished with each invoice for payment. 10. The Owner agrees that after completion of the work, title in the street shall be conveyed to the City by General Warranty deed and that the owner shall release any and all ownership interest therein. ii. The City agrees that after completion of the work, such improvements shall become a part of the City's street system and the City shall thereafter be responsible for the maintenance and repair of such improvements. 12. It is further understood and agreed by the parties hereto that this agreement shall be construed, interpreted, and applied according to the laws of the State of Virginia, and shall be binding upon the heirs, personal representatives, executors, -4- devisees, and administrators, successors, grantees, and assigns of the parties hereto. IN WITNESS WHEREOF, M.S.G.P., Incorporated has caused its name to be hereunto signed by its President, and the CITY OF VIRGINIA BEACH has caused its name to be hereunto signed by its City Manager and attested by the City Clerk, duly authorized. M.S.G.P. INCORPORATED a Virginia Corporation By: -Pr@es-rden CITY OF VIRGINIA BEACH, WIRGINIA ATTEST: By: City Manager Clerk -5- - 24 - Item IV-I.6. CONSENT AGENDA ITEM # 29031 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to TRANSFER $39,100 within the Fiscal Year 1987-1988 Operating Budget of the Department of Public Works to acquire CONFINED SPACE ENTRY EQUIPMENT Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndarf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO TRANSFER $39,100 WITHIN THE FLSCAL YEAR 1987-1988 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC WORKS TO ACQUIRE CONFINED SPACE ENTRY EQUIPMENT WHEREAS, the State of Virginia has adopted a confined space entry standard which became effective January 1, 1988, and WHEREAS, the Department of Public Works, has determined that some of its operations will require additional safety equipment to comply with the State's requirement for work in confined spaces, and WHEREAS, the additional safety equipment necessary to carry out the work plan of the Department of Public Works, is estimated to cost $39,100 and may be funded through the transfer of appropriations within Public Works' Operating Budget for fiscal year 1987 - 1988. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRCINIA, that funds in the amount of $39,100 are hereby transferred within the fiscal year 1987-1988 Operating Budget of the Department of Public Works to purchase confined space entry equipment. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st March day of 1988. ApppoVED AS TO CONTENT DE - 25 - Item IV-I.7- CONSENT AGENDA ITEM # 29032 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to TRANSFER $207,250 within the Department of General Services to accomplish needed maintenance activities and to purchase a vehicle for beach maintenance Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AM,QVED AS T6 CO@NT SIGNATUP,E DEPARTMENT AN ORDINANCE TO TRANSFER $207,230 WITHIN THE DEPARTMENT OF GENERAL SERVICES TO ACCOMPLISH NEEDED MAINTENANCE ACTIVITIES AND TO PURCHASE A VEHICLE FOR BEACH MAINTENANCE 'A'HEREAS, funding was ori,,Iiiiallv @ipprovriated in General Services OperatLng Budget tc, repait, and paint the Pavilion roof, and l@EREAS, (@iily a 13ortion @)f the tot,31 $195,000 budgeted tor the pi,oject was needed for actual repairs to the roof, and WHEREAS, several other btii]-diiig riaiiite-nance projec@ts, totaling $184,250 have been identified whicb are deteriorating rapidly and 1'equit,e LmiTiedi@:tte attentioii, and WHEREAS, other SLLPIUS fujids have been identified within the department to replace a four wheel-diive stake bcdied ti:Lick ($23,000) c(ii'l,ently used for beach maintenance, and WHEREAS, this vehicle is tieeded in c)rder to maintain adeqtiate beach cleaning and litter pick-up at the resort area. NOW THEREFORE BE IT ORDATNED BY THE CTTY COUNCTL OF VTRGTNTA BEACH, VTRGTNTA, that funds in the amount of $184,250, which are cttrretitly appr(,priated tor painting the Pavilion roof, be reallocated atid transferred for various mainteriance pi,,@jects due to the serious nature of the pro,jects and the potential safety hazard to the public and empl(,yees, BE IT FURTHER ORDATNED THAT. fuiids in the amount of $23,000 be tcansferre(I ti-om varioces .i(-counts within tlie r)epartment of Celieval Services for the acquisitioii ot c,ne four-wheel drive stalce bodied truck iii order to replace ttie vehicle which i!; beyond i,epair. T[iis Ordinance shall be effective fr@,m the date of its ad@)ption. Adopte,i by tlie C,,ui-icil of the Cit@, )f Vit'giiiia Beacli, Virginii on the 21st da@ (,f March 1 1988. - 26 - Item IV-I.8. CONSENT AGENDA ITF14 # 29033 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to AMEND the WHEELING WATER Contract with the United States Government to increase the rate paid by the United States Government to the City of Virginia Beach Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND THE 2 WHEELING CONTRACT WITH THE FEDERAL GOVERNMENT 3 TO INCREASE THE RATE PAID BY THE GOVERNMENT 4 TO THE CITY OF VIRGINIA BEACH 5 6 7 WHEREAS, pursuant to a Contract (hereinafter the 8 "Contract") entered into on September 10, 1973 by and between the 9 United States of America (hereinafter the "Government") and the 10 City of Virginia Beach, Virginia (hereinafter the "City"), the 11 City agreed to wheel potable water to various establishments of 12 the Government located within the City; and 13 WHEREAS, the rate charged by the City to the Government 14 pursuant to the Contract was $.05 per thousand gallons for water 15 that was wheeled by the City; and 16 WHEREAS, the City commissioned a rate study from 17 Alvord, Burdick & Howson, dated June 12, 1986, to determine 18 whether or not the water rates charged by the City needed to be 19 amended; and 20 WHEREAS, the rate study indicated that among other 21 recommendations, the proper charge for the City to recover its 22 costs for wheeling water to the Government's facilities would be 23 $.37 per thousand gallons; and 24 WHEREAS, the Contract requires that any amendments 25 thereto be negotiated between the Government and the City; and 26 WHEREAS, the Government has agreed to increase the 27 amount paid to the City for wheeling charges from $.05 per one 28 thousand gallons to $.31 per thousand gallons, and the City is 29 desirous of amending its Contract to reflect this change; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 32 CITY OF VIRGINIA BEACH, VIRGINIA: 33 1. That the City Manager is hereby authorized and 34 directed to endorse the Modification of Contract form attached to 35 this ordinance, increasing the rate paid by the Government to the 36 City for wheeling water from $.05 per thousand gallons to $.31 37 per thousand gallons. 38 2. This Contract amendment shall be deemed retroactive 39 to March 1, 1988. 40 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, this 21st day of ME%rch 1988. 43 44 KJC/dhh 45 02/17/88 46 CA-88-2586 47 NONCODE/WHEELING.ORD 48 DEPARTMENT l-,i@F @IOVED AS TO LEGAL "'U@:'F!CiENCY AND FORM 2 - 27 - Item IV-I.9. CONSENT AGENDA ITEM # 29034 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way for INDEPENDENCE BOULKVARD PHASE IIA and IIA-1 and the acquisition of temporary and permanent easements of right-of- way, either by agreement or condemnation Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 INDEPENDENCE BOULEVARD PHASE IIA and IIA-1 4 AND THE ACQUISITION OF TEMPORARY AND 5 PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER 6 BY AGREEMENT OR CONDEMNATION 7 8 WHEREAS, in the opinion of the Council of the City of 9 Virginia Beach, Virginia, a public necessity exists for the 10 construction of this important roadway to provide transportation 11 and for other public purposes for the preservation of the safety, 12 health, peace, good order, comfort, convenience, and for the 13 welfare of the people in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Attorney is hereby authorized and 17 directed to acquire by purchase or condemnation pursuant to 18 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1- 19 89, et seq. , Code of Virginia of 1950, as amended, all that 20 certain real property in fee simple, including temporary and 21 permanent easements of right of way as shown on the plans 22 entitled "CONSTRUCTION PLANS OF INDEPENDENCE BLVD. PHASE IIA & 23 IIA-1 FOR CITY OF VIRGINIA BEACH, VIRGINIA C.I.P. NO. 2-064 24 (Phase II A) C.I.P. NO. 2-082 (Phase II A-1)," these plans being 25 on file in the office of Real Estate Department of Public Works, 26 Virginia Beach, Virginia. 27 Section 2. That the City Attorney is hereby authorized to 28 make or caused to be made on behalf of the City of Virginia 29 Beach, to the extent that funds are available, a reasonable offer 30 to the owners or persons having an interest in said lands, if 31 refused, the City Attorney is hereby authorized to institute 32 proceedings to condemn said property. 33 That an emergency is hereby declared to exist and this 34 ordinance shall be in force and effect from the date of its 35 adoption. 3 6 Adopted by the council of the City of Virginia Beach, 37 Virginia, on the 21st day of March 1988 38 39 40 41 42 43 44 45 46 47 48 JAR/kg 49 \ordin\noncode\Indep. Blvd. Ph.IIA&IIA-1 ON -i'E rS TURE DEPARTMENT APPROVED T(..)RNEY - 28 - Item IV-I.10. CONSENT AGENDA ITEM # 29035 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Resolution requesting the Virginia Department of Highways and Transportation to accept an ADDITIONAL 95-lane miles of urban streets for urban maintenance funds beginning July 1, 1988, at the present rate of $5,098 per lane mile, totaling $484,310 revenue to the City of Virginia Beach in FY 1988-89 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RESOLUTION WHEREAS, the Virginia Department of Highways and Transportation requires a council resolution prior to accepting additional streets for urban maintenance payments; and WHEREAS, the attached streets have been constructed in accordance with standards established by the Virainia Department of Hiqhways and Transportation; and WHFREAS, the Citv of Vircrinia Beach has acceldted these streets and has agreed to maintain these streets; and WHEREAS, a representative from the Virginia Deoartment of Hiahways and Transportation has inspected and approved these streets; now THEREFORE BE IT RESOLVED, that the Council of the City of Virqinia Beach, Virginia does hereby request the Virqinia Department of Highways and Transportation to accet)t these streets and to begin paying urban maintenance payments to the City of Virginia Beach based upon the established rate. Ado-ote@- this 21st day of March 1988 City of Virqinia Beach, Virginia BY AUBREY V WATTS, JR. CITY MANAGER ATTEST @UTH HODGF,!F SMITH CLERK OF COUNCIL - 29 - Item IV-I.11. CONSENT AGENDA ITEM # 29036 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council AUTHORIZED: The City Manager to proceed with the completion of design and commencement of acquisition for the construction of th. PUNGO FERRY ROAD/BRIDGE replacement Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 30 - Item IV-I.12. CONSENT AGENDA ITEM # 29037 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED: LOW BID to Falcon Construction Corporation in the amount of $89,311-00 for FY 1987/88-1991/92 Water Utility Capital Improvement Program pertaining to Parliament Drive, CIP 5-982 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 31 - Item IV-I.13- CONSENT AGENDA ITEM # 29038 City Engineer Donald Trueblood explained the section of Old Great Neck Road to be closed and the location of the widening. The predominate through movement will be east/west and traffic on Old Great Neck Road will stop. There is a pavement widening also included in the funding. The utilities portion of the bid is approximatley $103,809-43. This does not include traffic signals. Upon motion by Councilman Balko, seconded by Councilman Moss, City Council APPROVED: LOW BID to Gowen and Associates in the amount of $289,64o.50 for 1986 Highway Safety Improvements Capital Improvements Program pertaining to Old Great Neck Road at Reagan Avenue Intersection, CIP 2-816, Bid No. 9932 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum - 32 - Item IV-I.14. CONSENT AGENDA ITEM # 29039 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED: LOW BID to Contractor's Paving Company in the amount of $1,065,307.38 for 1986 Highway Referendum Capital Project Fund pertaining to Lynnhaven Parkway, Phase VII-A, CIP 2-o6l, Bid No. 9959 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 33 - Item IV-I.15- CONSENT AGENDA ITEM # 29040 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED: LOW BID to Waterfront Marine Construction, Inc. in the amount of $193,596.00 for 1985-89 Parks and Recreation Capital Improvement Program pertaining to Munden Point Bulkheading, Phase I, CIP 4-932, Bid No. 9671 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 34 - Item IV-I.16. CONSENT AGENDA ITEM # 29041 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED: RAFFLE PERMIT Multiple Sclerosis Society Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 35 - Item IV-I.17. CONSENT AGENDA ITEM # 29042 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $4,267-47 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent; None M NO. C. A. 7 2/5/88 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 Exoiiera- Date Penalty lnt. Total Y ear of Tax Number tion No. Paid rnest W Edwards 85 pp 168816-6 11/6/87 16.61 rnest W Edwards 85 pp 168817-5 11/6/87 171.22 Ernest W Edwards 85 pp 168818-4 11/6/87 35.33 oncil Sivills 88 RE(]/2) 99963-2 11/13/87 56.30 eorge C Edwards 88 Dog V13017 1/21/88 7.00 eorge C Edwards 88 Dog V13021 1/21/88 7.00 harlie F & Evelyn Haywood 88 RE(1/2) 46276-5 11/27/87 193.63 ineribanc Savings Bank 88 RE(1/2) 88267-8 12/5/87 3,764.07 oang Ngoe Tran & Kim Hien 88 RE(1/2) 76932-5 1/7/88 16.31 Total 4,267.47 This ordinance shall be effective from date of adoption. The above abatement(s) totaling a $41267. 47 -- - were approved by the Council of the City of Virginia Beach on the 21@ay of march -1@88. Approved as to Ruth Hodges Smith City Clerk /,,4 @@al. Bim'son, Gity Attorney - 36 - Item IV-I.18. CONSENT AGENDA ITEM # 29043 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $3,418.20 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None FOHM NO. C@A. 8 REV. &N 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 All The Rage, Inc. 757 Harris Point Drive Virginia Beach, Virginia 23455 1986-87 Audit 49.53 49.53 Halbert T. Dail & J. G. Haverson T/A Dail & liaverson Attorney 154 Newtown Road #B3 Virginia Beach, Virginia 23462 1984-85 Audit 54.44 54.44 Heidi A. Dougherty T/A Roses Carpet & Upholstery Cleaning 815 Dryden Street Virginia Beach, Virginia 23462 1987 Audit 62.24 62.24 Certified as to Payment: bert P. Vaughan @ Commissioner of the Revenue Apl)roved as to foim: /64,/, @ //@/d I )ale Bimson, o Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $16 6. 2 1 were approved by the Council of the City of Virginia Beach on the 21 day of March '1988 Ruth Hodges Smith City Clerk FORM NO. C@A@ 8 REV, &a6 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 applir-ations for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Ruth P. James T/A James Asset Management P 0 Box 61236 Virginia Beach, Virginia 23462 1985-87 Audit 79.61 79.61 E. C. Sawyer T/A Batarama 106 20th Street Virginia Beach, Virginia 23451 1987 Letter 30.00 30.00 Taylor, Gustin, Harris Etals 5735 Poplar Hall Drive Nofolk, Virginia 23502 1986-87 Audit 2,811.74 2,811.74 Certified as to Payment: -Robert P. Vaughan Commissioner of the Revenue Ap ve as lo, rm: @Iale')fimso'n This ordinance shall be effective from date of Ci@ Attorney adoption. The above abatement(s) totaling 2 , 9 2 1 3 5 were approved by the Council of the City of Virginia Beach on the 21 day of March 19 88 Ruth Hodges Smith City Clerk FOFIM NO@ C.A, 8 REV. 3'ft 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 certifir-ation of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Thrifti Quick Print, Ltd. 484-5 Virginia Beach Blvd. Virginia Beach, Virginia 23462 ATTEN: Raymond A. Jones 1986-87 Audit 138.56 138.56 Vian, Inc. T/A The Athletes Foot 4505 Buckingham Drive Portsmouth, Virqinia 23703 1985-87 Audit 192.08 192.08 Certified as to Payment: @obert P. Vaughan Commissioner of the Revenue v@ 3 n y This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 3 3 0. 6 4 were approved by the Council of the City of Virginia Beach on the 21 day of Marz)a 19 88 Ruth Hodges Smith City Clerk - 37 - Item IV-K.l. NEW BUSINESS ITEM # 29044 INTERIM FINANCIAL STATEMENTS Giles Dodd, Assistant City Manager for Administration, presented the INTERIM FINANCIAL STATEMENTS - July 1, 1987, through JanuarY 31, 1988. (Said Statements are hereby made a part of the record.) These are prepared for the benefit of City Council. Councilman Moss inquired whether if within the format there could be a distinction between the Obligation Expenditure of Encumbrances carried over from prior appropriations and reappropriated vs appropriations against the current budget requirement rather than blended together. Giles Dodd advised the manner in which these Financial Statements are compiled is the accepted procedure in the Municipal Accounting. Councilman Moss will confer with Mr. Dodd. Giles Dodd referred to EXHTBIT A and A.I. The Revenues and Expenditures which had been anticipated are on TARGET and in excess of what had been estimated. Those accounts running under the Budget Estimate include General Sales Tax by $190,600; Autombile Licenses, $176,500; Cigarette Taxes, $180,500; and the other category which includes Franchise Taxes - Taxes on Deeds and Wills is $190,000; Permits, Privilege Fees and Licenses, $404,000, Public Assistant Grants from the Commonwealth - $393,000, and Other Items from the Commonwealth $42,000, and a major category entitled Other Items which includes all else in the General Fund - $668,000. Accounts over the estimates are Utility Taxes - $129,500; Amusement Taxes - $79,000; Hotel Room Taxes - $98,000; Restaurant Meal Taxes - $160,700; Fines and Forfeitures - $510,000; Use of Money and Property - $1,279,000; State Aid for Law Enforcement - $254,000; Mental Health - $301,000 and State Share of Sales Tax - $291,000. Total Accounts Over the Estimate: $3,102,200. Total Accounts Under the Estimate: $2,253,6oo. NET OVERAGE: $ 848,000 (Exclusive of General Property Taxes) - 38 - Item IV-K.2. NEW BUSINESS ITEM # 29045 Pursuant to Seciton 2.1-639-14E of the Code of Virginia, the City Manager DISCLOSED in a MEMORANDUM dated February 29, 1988, his wife is a teacher in the Virginia Beach School System. This Memorandum is hereby made a part of the proceedings. As Chief Executive Officer of the City of Virginia Beach, Aubrey Watts has a duty and responsibility to the Citizens of Virginia Beach and City Council to review and make various recommendations regarding the School Board Budget. Said duties shall be carried out fairly and faithfully. .0. P'S. 18 INTER-OFFICE CORRESPONDENCE DATE: February 29, 1988 TO: Ruth Hodges Smith 1. DEPT: City Clerk ay@ FROM: Aubrey V. Watts, Jr. DEPT: City Manager RE: School Board Budget I recently received a reply to my November 13, 1987 letter whereupon I requested the Commonwealth Attorney's opinion regarding whether my reviewing and reconunending the School Board's budget might be a conflict of interest under the Conflict of Interests Act. Mr. Sciortino's letter dated February 26, 1988 indicates that I may have a personal interest in a transaction if I make recommendations to City Council concerning the School Board budget by reason of my wife being employed as a school teacher by the Virginia Beach School system. However, the Co=onwealth's Attorney opined that if I comply with the declaration requirements of SS2.1-639.14E of the Code of Virginia, which disclosure allows me to lawfully review and make recommendations to City Council under certain circumstances, there will be no conflict of interest violation. Accordingly, pursuant to SS2.1-639.14E of the Code of Virginia, I make the following declaration: 1. As chief executive officer of the City of Virginia Beach, I have a duty and responsibility to the citizens of Virginia Beach and City Council to review and make various tecommendations regarding the School Board budget and I intend to carry out said duties as fairly and faithfully as I can; and 2. My wife is a teacher in the Virginia Beach school system; and 3. My wife, as a teacher in a profession, occupation and group along with several hundred other teachers, could possibly be affected by City Council's ultimate vote on the School Board budget; and 4. I am able to present and recommend a budget regarding the School Board fairly, objectively and in the public interest TO: Ruth Hodges Smith FROM: Aubrey V. Watts, Jr. RE: School Board Budget DATE: February 29, 1988 PAGE: 2 even though my wife is one of many teachers within the school system. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Also, by copy of this memo to Mr. Sciortino, I hereby apprise him of my adherence to his op4.nion. If Mr. Sciortino feels that further disclosure is necessary in order that.I may abide by his interpretation of the law concerning this matter, I hereby request that he notify me immediately. Thank you and Mr. Sciortino for your assistance and cooperation in this matter. AVW/DSH/awj cc: The Honorable Paul A. Sciortino The Honorable Mayor Members of City Council - 39 - Item IV-L.2. RECESS INTO EXECUTIVE SESSION ITEM # 29045 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council RECESSED into EXECUTIVE SESSION for discussion of PERSONNEL MATTERS, PUBLICLY HELD PROPERTY AND LEGAL MATTERS (3:55 P.M.) 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. 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 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. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 40 - Item IV-L-3- RECONVENE ITEM # 29046 Mayor Robert G. Jones RECONVENED the FORMAL SESSION of the VIRGINTA BFACH CTTY COUNCIL in the Council Chambers, City Hall Building, on Monday, March 21, 1988. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 41 - Item IV-L.4. ORDINANGE ITEM # 29046 ADD-ON Upon motion by Councilman Moss, secondeed by Councilman Baum, City Council ADOPTED, AS AMENDED*: An Ordinance Directing the Department of Finance, Purchasing Division, to Reject the Proposal Received from Virginia Beach Lifesaving Services, Inc., in response to RFP #9984; Authorizing the City of Virginia Beach to provide Municipal Lifeguard Services, and Municipal Beach Equipment Rental Services where Authorized, along certain portions of the Public Beach, adjacent to the Atlantic Ocean, Known as Fort Story, the Resort Area (from 40th Street to Rudee Inlet), Croatan, and Camp Pendleton; Appropriating $491,308 in FY 1987-1988 for the initiating of said Municipal Services, supported by $100,000 to be generated by revenues derived from the Rental of Beach Equipment, with the remainder of $391 308 to be appropriated as a loan from the General Fund Balance; and, Authorizing the Adjustment of Parks and Recreation's FY 1988-1989 OPERATING BUDGET by the creation of an Enterprise Fund to support the FY 1988-1989 Cost of Providing Said Municipal Services. On line 68 and Line 89, the word "temporary" shall replace the word "permanent" after the word "full-time". Voting: 6-5 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan and John L. Perry Council Members Absent: None 1 AN ORDINANCE DIRECTING THE DEPARTMENT OF FINANCE, 2 PURCHASING DIVISION, TO REJECT THE PROPOSAL RECEIVED 3 FROM VIRGINIA BEACH LIFESAVING SERVICES, INC. IN 4 RESPONSE TO RFP #9984; AUTHORIZING THE CITY OF VIRGINIA 5 BEACH TO PROVIDE MUNICIPAL LIFEGUARD SERVICES, AND 6 MUNICIPAL BEACH EQUIPMENT RENTAL SERVICES WHERE 7 AUTHORIZED, ALONG CERTAIN PORTIONS OF THE PUBLIC BEACH 8 ADJACENT TO THE ATLANTIC OCEAN, KNOWN AS FORT STORY, 9 THE RESORT AREA (FROM 40TH STREET TO RUDEE INLET), 10 CROATAN, AND CAMP PENDLETON; APPROPRIATING $491,308 IN 11 FY 1987-1988 FOR THE INITIATION OF SAID MUNICIPAL 12 SERVICES, SUPPORTED BY $100,000 TO BE GENERATED BY 13 REVENUES DERIVED FROM THE RENTAL OF BEACH EQUIPMENT, 14 WITH THE REMAINDER OF $391,308 TO BE APPROPRIATED AS A 15 LOAN FROM THE GENERAL FUND FUND BALANCE; AND 16 AUTHORIZING THE ADJUSTMENT OF PARKS AND RECREATION'S 17 FY 1988-1989 OPERATING BUDGET BY THE CREATION OF AN 18 ENTERPRISE FUND TO SUPPORT THE FY 1988-1989 COST OF 19 PROVIDING SAID MUNICIPAL,SERVICES 20 21 WHEREAS, in February of 199@, the City of Virginia Beach 22 advertised three (3) Requests for Proposals for a franchise(s) to 23 conduct beach equipment rental operations along certain portions 24 of the public beach adjacent to the Atlantic Ocean, known as Fort 25 Story, the Resort Area (from 40th Street to Rudee Inlet), 26 Croatan, and Camp Pendleton,in consideration for the provision of 27 lifeguard and other services and for such other good and valuable 28 consideration to which the City and the grantee may agree; and 29 WHEREAS, on March 2, 1988, the City received one proposal in 30 response to one of the three (3) Requests for Proposals that were 31 advertised; and 32 WHEREAS, the only proposal that was received came from 33 Virginia Beach Lifesaving Services, Inc. (VBLS), and was in 34 response to RFP #9984 which RFP requested proposals for a 35 franchise to conduct beach equipment rental operations, where 36 authorized, along certain portions of the entire public beach 37 referenced herein; and 38 WHEREAS, the proposal from VBLS was opened and reviewed, and 39 the committee organized to review and evaluate the proposal was 40 unanimously concerned about the proposed "bottom line" cost to 41 the City for the provision of lifeguard services; and 42 WHEREAS, in an effort to reach a compromise with VBLS that 43 would render the proposal acceptable to the City, a negotiation 44 session was scheduled; and 45 WHEREAS, the negotiation session was held on March 15, 1988; 46 and 47 WHEREAS, the cost to the City was reduced to some degree 48 during the negotiation session, but not enough to be acceptable 49 to the City; and 50 WHEREAS, during said negotiation session and subsequent 51 thereto, VBLS was not able to provide adequate justification for 52 the increase in net cost to the City of $22,000 for the 1987 53 season to over $200,000 for the 1988 season; and 54 WHEREAS, City staff has concluded and recommended that 55 because of the increase in cost to the City under the VBLS 56 proposal, it would not be in the best interests of the City or 57 i,ts taxpayers to grant a franchise to VBLS; and 58 WHEREAS, City staff has further concluded and recommended, 59 after mature consideration of the financial and safety factors 60 involved, that the city can provide municipal lifeguard services 61 that are as effective as the services that could be provided by 62 VBLS at a lower cost than proposed by VBLS, and that the City 63 can substantially offset its costs by providing for a 64 municipally-owned and operated beach equipment rental service; 65 and 66 WHEREAS, the cost to provide municipal services in FY 1987- 67 1988 is estimated to be $491,308, including the addition of two 68 full-time temporary positions; and 69 WHEREAS, it is further estimated that $100,000 will be 70 generated in FY 1987-1988 from the revenues derived from the 71 rental of beach equipment; and 72 WHEREAS, the remainder of $391,308 will have to be 73 appropriated as a loan from the General Fund fund balance; and 74 WHEREAS, the Parks and Recreation operating Budget for FY 75 1988-1989 will require an adjustment by the creation of an 76 enterprise fund to support the continued cost of providing said 77 municipal services. 78 NOW, THEREFORE, be it ordained by the Council of the City of 79 Virginia Beach, Virginia: 80 That the Department of Finance, Purchasing Division, is 81 hereby directed to reject the proposal received from Virginia 2 82 Beach Lifesaving services, Inc. in response to RFP #9984; that 83 the City of Virginia Beach is hereby authorized to provide 84 municipal lifeguard services, and municipal beach equipment 85 rental services where authorized, along certain portions of the 86 public beach adjacent to the Atlantic ocean, known as Fort Story, 87 the Resort Area (from 40th Street to Rudee Inlet), Croatan, and 88 Camp Pendleton; that $491,308 is hereby appropriated in FY 1987- 89 1988, including the addition of two full-time temporary 90 positions, for the initiation of said municipal services, to be 91 supported by $100,000 generated by revenues derived from the 92 rental of beach equipment, with the remainder of $391,308 to be 93 appropriated as a loan from the General Fund fund balance; and 94 that an adjustment of Parks and Recreation's FY 1988-1989 95 operating Budget is hereby authorized by the creation of an 96 enterprise fund to support the FY 1988-1989 cost of providing 97 said municipal services. 98 Adopted this 21 day of March 1988, by the Council 99 of the City of Virginia Beach, Virginia. 100 RMB/dga 101 lbeach.ord 102 03/21/88 103 FIRST READING: March 21, 1988 3 - 42 - Item IV-L-5- ADJOURNMENT ITF14 29047 Upon motion by Councilman Moss and BY ACCLAMATION, City Council ADJOURNED the Meeting at 5:20 P.M. Beverl@ 0. Hooks Chief Deputy City Clerk Outh Hodifes Smith, CMC bert (f. City Clerk @ayor City of Virginia Beach Virginia