HomeMy WebLinkAboutJUNE 24, 1985 MINUTES
"WORLD'S LARGEST RESORT CITY"
Cn7COUNCIL
MAYOR HAROLD BEISCHOBFR, Ai L-P
VIC,E-MA YOR REBA S MCLANAN. P-.. A- B-Wh
JOHN A. HAUM. Di.@. @k
NANCY A. CREECH, At L-P
ROBERT E. FENTRESS V@ B-A B-gh
BARBARA M. @. P-" @A
M. JACK JF"INGS, JR-, LY."-- @h
LOUIS R. JONES. B.Y@ @h
ROBERT G. JONN. At L-9.
J. HENRY M.COY. JR.. K-N@ @h
M@ E. OBERNPORF, A, @. 281 CRFY MALL BUILDING
RUTH BODGFS SAfrFH, CMC, Cily @k CITY COUNCIL AGENDA MUNICI@ CENM
VIRGINIA BEACH. VIRGINIA nw-no
IM1427-4303
June 24, 1985
Virginia Beach City Council
--------- ---- - K-nn VU
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGUIAR SESSION OF VIRGINIA BEACH CITY COUNCIL Council Chambers 7 PM
A. INVDCATION: Elder Barnett Thoroughgood
New Jerusalem Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the MinUteS of June 17, 1985.
G. PRESENTATIONS
1. Resolution of Recognition to Herman -JR' Reid, Jr.
R. PLANNING
1. Application of Warnie E. and Nita F. Conley for a WAIVER
upon a conditional use permit granted February 6, 1984, for
mini-warehouses on a 4. 915-acre parcel located along the
west side of -Holland Road, north of Shipps Corner Road
(Princess Anne Borough).
City Council approved consideration of this amendment upon
request of the applicant on June 10, 1985.
2. Application of Marriott Corporation for a conditional use
permit for a 146-unit hotel on a 4.38-acre parcel located on
the north side of Greenwich Road, west of Business Park
Drive (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Gordon A. and Mareta K. Rudolph for a
conditional use permit for an auto repair facilit on a
26,637-square foo parcel locatef at the nort eaE er of
Virginia Beach Boulevard and Witchduck Road (Bayside
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of Donald J. Maggi, President, Independence
Texaco, Inc., for a conditional use ermit for an auto
repai r ficili ty on a 28,400-squ@re fo@ parcel located at
the northeat corner of Independence Boulevard and
Constitution Avenue (Bayside Borough).
a. Letter from the City 14anager transmits the
recommendation of the Planning Commission
for approval.
5. Application of Creative Designs for a conditional use permit
for an outdoor advertising structure acre parce
located on the ea prings Road, north of
Aragon Drive (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
6. Application of Vincent W. Conduff for an AMENDMENT to a
conditional use permit for a gasoline service station in
conjunction with a Tinee Giant Convenience Grocery Store on
a 3.99-acre parcel located at the northwest corner of
Newtown Road and Broad Meadows Boulevard (Bayside Borough).
City Council approved consideration of this removal upon
request of the applicant on May 20, 1985.
AND
Application of Vincent W. Conduff for a change of zoning
from B-2 Community-Business District to artment
Distri t on a 4.32-acre parcel located at the northwest
corner of Newtown Road and Broad Meadows Boulevard (Bayside
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of Se&board Developsent Corporation for a change
of zoning from B-2 C7mmunity District to A-2
5,202. -square toot parcel located
Apartment District on a 4@Business
at the northern extremity of Darnell Road (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of Connie Lane Properties, a Virginia
Partnership, for changes of zoning located south of Connie
Lane, east of Lawrence Drive (Bayside Borough):
From R-6 Residential District to A-2 Apartment District on
an 8.92-acre parcel;
AND
From 1-1 Light Industrial District to A-2 Apartment District
on a 2.26-acre parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of the City of Virginia Beach, Virginia for a
change of zoning from R-7 Residential District to R-8
Residential District in a fifteen-block area bounded on the
north by 15th St e@et, on the east by Mediterranean Avenue,
on the south by Norfolk Avenue and on the west by the
Virginia Beach Borough Line (Virginia Beach Borough).
This application was deferred June 17, 1985, by City
Council.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Ordinance to amend Article 1, Section Ill of the
Comprehensive Zoning Ordinance pertaining to automobile
sales and rental;
AND
Article 2, Section 233.5 of the Comprehensive Zoning
Ordinance pertaining to automobile sales and rental;
AND
Article 9, Sections 911(&) and 911(c) of the Comprehensive
Zoning Ordinance pertaining to automobile sales and rental.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
11. Ordinance to amend Article 5, Sections 560, 561, 563, 564
and 571 of the Comprehensive Zoning Ordinance pertaining to
the R-7 and R-8 Residential Districts to remove duplexes and
garage apartments.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
12. Ordinance to amend the Master Street and Highway Plan dated
December 16, 1974.
City Council deferred Numbers 2 and 4 of this Ordinance on
June 10, 1985.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
1. RESOLUTIONS
1. Industrial Development Revenue Bonds
'Resolutions approving the issuance of Industrial Development
Revenue Bonds:
a. Ocean Village Apartments Limited Partnership $22,000,000
b. 140 Associates $6,000,000
c. Pipers Landing Associates $3,800,000
2. Resolution to accept the bid of Turner and Valentine for
Obstetrical Care for Low Incoue Patients and authorize the
City Manager to execute the necessary agreement.
J. 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 notion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution of Recognition to Herman 'JR- Reid. Jr.
2. Resolution to amend Sectiou 10.5-2 of the City Code for
renewal of emergency medical services agencies or
vehicles and to establish the method of setting rates
for:
Eastern Virginia Ambulance Service
Nightingale Air Ambulance
City of Chesapeake
Norfolk General Hospital Cath Lab
Tidewater Ambulance Service
Children's Hospital of the King's Daughters
City of Norfolk
3. Resolution authorizing the enlargement of the
nonconforming structure located at 205 51st Street
(property of Richard A. Brugb and Margaret W. Brugh).
4. Ordinance approving the Landfill Gas Lease Agreement
dated June 24, 1984 and authorizing and directing the
City Manager to execute same.
5. Ordinance to amend and reordain Section 22-31 of the Code
of the City of Virginia Beach, Virginia, pertaining to
Display of Obscene materials;
AND
Ordinance to amend and reordain Section 21-371 of the
Code of the City of Virginia Beach, Virginia, pertaining
to Parking Space for the Handicapped;
AND
ordinance to amend and reordain Section 38-7 of the Code
of the City of Virginia Beach, Virginia, pertaining to
Sale of Hand Weapons;
AND
Ordinance to amend and reordain Section 21-338 of the
Code of the City of Virginia Beach, Virginia, pertaining
to Chouical Test for Alcohol Content.
6. Ordinance to authorize acquisition of property in fee
simple for right-of-way for Ferrell Parkway Phase I-B
Project and the acquisition of temporary and permanent
easements of right-of-way, either by agreement or by
condemnation.
7. Ordinance, on SECOND READING, to appropriate $32,000 from
the Water and Sewer Fund to Project $5-832 Comprehensive
Water Study.
8. Ordinance, on SECOND READING, to accept funds totaling
$60,925 from the Virginia Housing Development Authority
and to utilize $10, 228 f rom 9th Year Community
Development Block Grant Funds and to appropriate these
funds for the Section 8 existing Housing Program,
Moderate Rehabilitation Program and Rental Rehabilitation
Program.
9. Ordinance, on SECOND READING, to accept a Grant from the
Department of Corrections totaling $122,800 and tp
appropriate these Funds for the Virginia leach Co@nityl
Diversion Incentive Progran.
10. Ordinance to accept and appropriate a grant of $9,685,684
from the U.S. Department of Education for Project #1-937
Salen Junior Righ School.
11. Ordinance authorizing tax refunds in the amount of
$1,222.47.
12. Ordinance authorizing license refunds in the amount of
$5,687.78.
K. APPOINTMRNTS
1. Local Government Study Commission
2. Social Services Board
3. Southeastern Virginia Planning District Commission
4. STAMA (Private Industry Council)
5. Tidewater Regional Group Home Commission
L. UNFINISHED BUSINESS
1. Briefing on Indtgent Obstetrical Care
2. Community Development Land Use Plan:
Planning Management Association, Joe Crass, Consultant
M. NU BUSINESS
1. Interim Financial Statement for July 1, 1984, through
May 31, 1985..
N. ADJO NT
1. Motion to adjourn.
6
Item II-F.1
MINUTES ITEM # 23855
Upon motioii by Couiicilmaii Baum, seconded bly CouLicilmaii McCoy, City Couticil
APPROVED the Miiiute,5 of Juiie 24, 1985, with the followig correctiolls;
ITEM # 23805 - Page 4 - IN MEMORIUM
December 18, 1978 should correctly read December 31, 1978 as per the
followiiig:
"Mr. Webboii was City Clerk of Virginia Beach from September I,, 1968 uiitil
Beeember-48T-+948 December 31, 1978.
ITEM # 23823 - Page 20 - RELALIGN THE INTERSECTION OF FERRELL
PARKWAY AND PRINCESS ANNE ROAD IN THE
AREA NORTH OF THE MUNICIPAL CENTER As
SHOWN ON MAPS ON FLLE IN THE DEPARTMENT
OF PLANNING.
The Vote was incorrect. J. Henry McCoy, Jr., D.D.S. did iiot vote AYE, he
was ABSENT. Robert G. Joiies voted AYE, as per the followiiig:
Couiicil Members Voting Aye:
Johii A. Baum, Naiicy A. Creech, Mayor Harold Heischober,
Louis R. Joiies, Robert G. Jones, and Vice Mayor Reba S.
McClanaii,
CouLicil Members Abseiit:
Robert E. Fentress, tind H. Jack Jeiiiiiiigs, Jr., aiid
J. HeLiry McCoy, Jr., D.D.S.
Couiicil Members Voti,ig Nay:
Barbara M. Heiiley, aild Meyera E. Oberildorf
ITEM # 23833 - Page 30 - CONSENI AGENDA
There was a TYPOGRAPHICAL ERROR as per the following:
ORDINANCE TO AMEND AND REORDAIN SECTION 21-338 OF THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINA, PERTAINING TO
CHEMICAL TEK!E TEST FOR ALCOHOL CONTENT.
The City Attoriiey's Office presented Couiicil today with a FURTHER AMENDED
version of the aforementioiied Orditiaiice to comply with State Code Amendmelits
effective July 1, 1985, alid thus the Ordiiiance ADOPTED June 24, 1985, will be
DECLARED NULL AND VOID.
July 1, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
Juiie 24, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virgiiiia,
was called to order by Mayor Harold Heischober i@i the Co@ifereiice Room, City
hall Builditig, on Moiiday, Juiie 24, 1985, at 6:00 in the evening.
Council Members Preseiit:
Joh@i A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor
Harold Heischober, Barbara M. Heiiley, H. Jack Jeiiiiiligs, Jr.,
Robert G. Joiies, Vice Mayor Reba S. McClaLiaii, alid Meyera
E. Oberiidorf
Council Members Absent:
Louis R. Joiies and J. Henry McCoy, Jr., D.D.S.
Cou@icilman Louis JOLIes entered the EXECUTIVE SESSION at 6:40 p.m.
Councilmati McCoy entered the EXECUTIVE SESSION at 6:15 p.m.
June 24, 1985
- 2 -
ITEM# 23804
Mayor Heischober entertained a motiod to per permit Council to conduct its EXECU-
TIVE SESSION pursuaiit to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotioii, performance, demotion,
saiaries, 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,
of of plans for the future of an institution which could
affect the value of property owned or desirable for ownership
by such institution.
3. LEGAL MATTERS: Consultation with counsel or briefings
by staff members, consultants, or attorneys, pertaiiiiiig to
actual or potential litigation, or other legal matters
withiii the jurisdiction of the public body.
Upon motion by Councilwoman Creech, seconded by Couiicilman McCoy, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR
SESSION.
Voting: 10-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor
Harold Heischober, Barbara M. Heiiley, H. Jack Jeliliings, Jr.,
Robert G. Jones, Vice Mayor Reba S. McClaiiali, and Meyera
E. Oberndorf
Council Mmebers Voting Nay:
Noiie
CouTicil Members Absent:
Louis R. Jones and J. Henry McCoy, Jr., D.D.S.
June 24, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
June 24, 1985
7:00 p.m.
Mayor Heischober called to order the Regular Session of the Virgiiiia Beach
City Council iii the Council Chambers, City Hall Building, on Monday, June 24,
1984, at 7:00 in the evening.
Council Members Present;
Jobn A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Elder Bartiett Thoroughgood
New Jerusalem Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STAES OF AMERICA
June 24, 1985
4
Item II-D.la
IN MEMORIUM ITEM # 23805
City Council observed a MOMENT OF SILENCE In Memorium to:
Richard J. Webboii
Mr. Webboii was City Clerk of Virginia Beach from September 1, 1968 until
December 18, 1978.
Councilman McCoy expressed his sorrow aiid paid respect to the Memory of
Richard Webbon.
June 24, 1985
- 5 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1b.
CONSENT AGENDA ITEM # 23806
Councilman Louis Jones requested the Resolution for renewal of Et4ERGENCY MEDICAL
SERVICES, AGENCIES or VEHICLES and to establish the method of setting rates
be pulled for a separate vote (See Item 11-J.2 of the Consent Agenda).
Item 11-D.2
CONSENT AGENDA ITEM # 23807
Vice Mayor McClaiian requested the Resolutioii authorizng the ENLARGEMENT of the
NONCONFORMING STRUCIURE located at 205 51st Street (property of RICHARD A. BRUGH
and MARGARET W. BRUGH) be pulled for discussion (See Item II-J.3 of the Conaent
Agenda).
Item II-D.3
CONSENT AGENDA ITEM # 23808
The City Manager referenced the Ordinance approving the LANDFILL GAS LEASE
AGREEMENT dated June 24, 1984 and authorizing and directing the City Manager
to execute same be pulled for a presentatiou (See Item II-J.4 of the Coiiseiit
Agenda).
6
Item II-F.1
MINUTES IEM 23809
Upoii motion by Couiicilmaii Fentress, secotided by Councilman Baum, City
Council APPROVED the Minutes of June 17, 1985.
Votiiig: 11-0
Council Members Votiiig Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiiiigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. HeDry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absent:
None
Juiie 24, 1985
7
Item II-F.2
PRESENTATION ITEM # 23810
Mayor Heischober PRESENTED a RESOLUTION OF RECOGNITION to:
HERMAN "JR" REID, JR.
This RESOLUTION recogiiized "JR" Reid for his athletic achievement,
being the youngest recipient of the Virginia-Pilot/Ledger-Star "Tidewater
Player of the Year", and named to the first team of the Tweiity-Ninth
Aiiiiual PARADE "All-Americaii Basketball Team".
This RESOLUTION was ACCEPTED by Hermati "JR" Reid, Jr.
His family and coaches were in attendance.
June 24, 1985
8
Item II-H.1
PLANNING ITEM#23811
Upon motioii by Vice Mayor McClanan, seconded by Couiicilman Fentress, City
Council APPROVED a WAIVER of a condition iii the Ordinance upon applicatioli
of WARNIE E. AND NLTA F. CONLEY for a Coiiditional Use Pemit for mini-warehouses.
This Ordinaiice was ADOPTED by City Council oii February 6, 1984. The Conditioli
WAIVED is as follows:
"A 6-foot solid privacy fence shall eiiclose
the storage area."
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R. Jones,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Heilry
McCoy,Jr.,D.D.S., and Meyera E. Oberlidorf
Council Members Voting Nay:
Noile
Council Members Absent:
Naiicy A. Creech
Juiie 24, 1985
9
Item 11-H.2
PLANNING ITEM # 23812
Senator A. Joe Canada, Jr., represeiited the applicaat
Upoii motioii by Councilman Louis Jories, seconded by Couiicilman Feiitress, City
Couiicil ADOPTED aii Ordi@iance upoll applicatioii of MARRIOTT CORPORATION for a
Conditotial Use Permit as per the followi@ig:
ORDlNANCE UPON APPLICATON OF MARRIOTT CORPORATION
FOR A CONDITIONAL USE PERMIT FOR A 146-UNIT HOTEL
R0685755
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Orditiatice upoii applicatioii of Marriott Corporation
for a Conditional Use Permit for a 146-uuit hotel on
certaiD property located on the north side of Greeliwich
Road, 1070 feet more or less west of Busiiiess Park Drive.
Said parcel co@itains 4.38 acres. Plats with more detailed
iLiformation are available iii the Departmelit of PlailDing.
BAYSIDE BOROUGH.
The followiiig coiidition shall be required:
1. A dedicatioii of right-of-way aloiig the frontage oil Greeliwich
Road is required iii order to provide for an ultimate 60-foot
right-of-way.
This Ordi@iance shall be effective upon the date of adoptio@i.
Adopted by the Council of the City of Virgiiiia Beach, Virgiiiia, oli the
Twetity-fourth day of June, Niiieteen Hu@idred atid Eighty-five.
Votil)g: 10-0
Council Members Votiiig Aye:
Johii A. Baum, Robert E. Fetitress, Mayor Harold Heischober,
Barbara M. Heiiley, H. Jack Jetinings, Jr., Louis R. Jones,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy,Jr.,D.D.S., and Meyera E. Oberiidorf
Couticil Members Votii)g Nay:
None
Couiicil Members Absent:
Na@icy A. Creech
June 24, 1985
- 10 -
Item II-H.3
PLANNING ITEM # 23813
Gordon A. Rudolph, the applicaiit, represedted himself
Upon motion by Councilman Louis Joties, seconded by Couiicilmati Feiltress, City
Council ADOPTED aii Ordinance upon application of GORDON A. AND MARETA K.
RUDOLPH for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF GORDON A. AND MARETA
K. RUDOLPH FOR A CONDITIONAL USE PERMIT FOR AN
AUTO REPAIR R0685756
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Gordon A. and Mareta K.
Rudolph for a Conditional Use Permit for an auto repair
on certain property located at the northeast corner of
Virginia Beach Boulevard and Witchduck Road. Said parcel
is located at 5088 Virginia Beach Boulevard and contains
26,637 square feet. Plats with more detailed information
are available in the Department of Planiiilig. BAYSIDE
BOROUGH.
The following conditioiis shall be required:
1. Approval is for a period of olie (1) year.
2. A privacy fence and buffer along the western property
line is required.
This Ordinance shall be effective upon the date of adoptioll-
Adopted by the Council of the City of Virgiiiia Beach, Virgiiiia, oil the
Twenty-fourth day of Juiie, Nineteeu Hundred and Eighty-five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Heiiley, H. Jack Jeniiiiigs, Jr., Louis R. Joiies,
Robert G. Jones, Vice Mayor Reba S. McClanaii, J. Henry
McCoy,Jr.,D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abseiit: Jutie 24, 1985
Nancy A. Creech
Item II-H.4
PLANNING ITEM 23814
Doiiald J Maggi, President of Indepelideiice Texaco, Iiic., represented the
applicant
Attorney Robert Cromwell, represented Pembroke North Associates, the property
owiier
Upon motion by Councilman Louis Jones, seconded by Councilman Baum, Gity
Council ADOPTED an Ordinance upon application of DONALD J. MAGGI, PRESIDENT
INDEPENDENCE TEXACO INC. for a Conditional Use Permit as per the followng:
ORDINANCE UPON APPLICATION OF DONALD J. MAGGI, PRESIDENT
INDEPENDENCE TEXACO INC., FOR A CONDITIONAL USE PERMIT FOR
AN AUTO REPAIR FACILITY R0685757
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGLNIA BEACH, VIRGINIA
Ordinance upon application of Donald J. Maggi, President
Indepetidence Texaco, Inc., for a Conditional Use Permit
for an auto repair facility on certaiii property located
at the northeast corner of Independence Boulevard aiid
Conatitution Avenue. Said parcel is located at 628 In-
dependence Boulevard and contains 28,400 square feet.
Plats with raore detailed iiiformatioil are available in
the Department of Plaiining. BAYSIDE BOROUGH
The following coliditions shall be required:
1. Approved until September 30, 1985.
2. No obstruction of the visioii at the intersection
3. All cars iiot beiiig repaired or for sale are to be
removed from the lot.
This Ordinaiice shall be effective upoii the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, oil the
Tweiity-fourth day of June, Nineteen Hundred and Eighty-five.
Votilig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Heilry
McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf.
Couacil Members Votiiig Nay.
None
Council Members Absent: June 24, 1985
- 12 -
Item II-H.5
PLANNING ITEM # 23815
Ed Miller, of Creative Dispalys, represeiited the applicant
Opposition:
B. H. "Pat"Bridges, represeiited the Virginia Beach Beautification Commission
Mrs. Charlotte Dashiell, represented the Virginia Beach Gardeii Club
Upon motioii by Couiicilman Louis Jones, secoiided by Councilmaii Jeiiniiigs, City
Council ADOPTED an Ordinance upon application of CREATIVE DESIGNS for a
onditioiial Use Permit as per the following:
ORDINANCE UPON APPLICAIION OF CREATIVE DESIGNS FOR
A CONDIIONAL USE PERMIT FOR AN OUTDOOR ADVERTISING
STRUCTURE R0685758
BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinaiice upon application of Creative Designs for a
Coiiditional Use Permit for au outdoor advertising
structure on certain property located on the east
side of Diamond Springs Road, 130 feet more or less
north of Aragon Drive. Said parcel contains 3.3
acres more or less. Plats with more detailed ill-
formation are available in the Department of Planning.
BAYSIDE BOROUGH
The following condition shall be required:
1. Approval shall be for a limitatioil of twenty years.
This Ordinaiice shall be effective upon the date of adoption.
Adopted by the Council of the City of Virgiiiia Beach, Virginia, on the
Tweiity-fourth day of June, Nineteen Hundred and Eighty-five.
Voting; 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberlidorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan
Council Members Absent:
None June 24, 1985
- 13 -
Item II-H.6
PLANNING ITEM # 23816
Attorliey Robert Cromwell represented the applicant and requested DEFERRAL of
thirty days due to site plan problems
Robert Galewski, a resident of Worcester Drive, registered in opposition but
was not OPPOSED to the DEFERRAL
Upon motiori by Councilmaii Louis Joiies, seconded by Councilman Fentress, City
Council DEFERRED until the City Couiicil Meeting of August 5, 1985, the application
of VINCENT W. CONDUFF for a WAIVER to a CONDITIONAL USE PERMIT for a Gasoline
Service Statioii in conjunction with a TINEE GIANT CONVENIENCE GROCERY STORE
on a 3.99-acre parcel located at the iiorthwest cor@ler of Newtowli Road
aiid Broad Meadows Boulevard (Bayside Borough) (Applicatioii of ROSSO AND MASTRACCO,
INC. graiited by City Council oii October 8, 1984).
A N D,
City Couiicil DEFERRED until the City Council Meeting of August 5, 1985, an
Ordiiiaiice upon application of VINCENT W. CONDUFF, for a Change of Zoning
as per the following:
ORDINANCE UPON APPLICATION OF VINCENT W. CONDUFF FOR
A C @ GE OF ZONING DISTRICT CLASSIFICATION FROM B-2
TO A-2
Ordinance upon application of Vincent W. Conduff, for
a Change of ZoiiinE District Classification from B-2
Commuiiity Business district to A-2 Apartment District
on certaili property located at the iiorthwest corlier
of Newtown Road and Broad Meadows Boulevard. Said
parcel coiitains 4.32 acres. Plats with more detailed
iiiformatiOD are availabe iii the Department of Planniiig.
BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Joiies, Robert G. Joiies, Vice Mayor Reba S. McClailan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Cou@icil Members Voting Nay:
No@ie
Council Members Absent:
Noiie
- 14 -
Item II-H. 7
PLANNING ITEM # 23817
The followiiig represented the applicant:
Bill Hall, President of Seaboard Development Corporation.
Richard Bell, Vice President of Seaboard Development Corporatioll
Upon motioii by Councilmaii Louis Jones, seconded by Councilmaii Feiitress, city
Council ADOPTED an Ordinance upoii application of SEABOARD DEVELOPMENT CORPORATION
for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF SEABOARD DEVELOPMENT CORPO-
RATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-2 TO A-2 Z0685989
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordiiiance upon applicatioil of Seaboard Developmelit Corpo-
ration for a Change of Zoning District Classification from
B-2 Community-Buainess District to A-2 Apartment District
on certain property located 360 feet more or less east of
Diamond Springs Road at the northern extremity of Darnell
Road. Said parcel contains 15,202.44 square feet. Plats
with more detailed information are available in the De-
partment of Planniag. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoptioll.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fourth day of Junb, Nineteea Hundred and Eighty-five.
Votiiig: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Abseiit:
None
Juiie 24, 1985
- 15 -
Item 11-H.8
PLANNING ITEM # 23818
Attoriiey Robert Cromwell represented the applicaxit
Opposition:
C. W. Hutchinson, resident of Jefferson Boulevard, spoke concerning affect of
this particular rezoniiig application on his property
Robert Galewski, resideiit of Worcester Drive
Upon motion by Couiicilmaii Louis Jones, secoiided by Councilman Fentress, City
Couiicil ADOPTED Ordiiiances upoii application of CONNIE LANE PROPERTIES, A
VIRGINIA PARTNERSHIP, for Changes of Zoiiiiig as per the followilig:
ORDINANCE UPON APPLICAIION OF CONNIE LANE PROPERTIES, A
VlRGINIA PARTNERSHIP, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 TO A-.2 A-1 (AS MODIFIED) Z0685990
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordiiiance upoii applicatioii of Connie Lane Properties, a
Virginia Partnership, for a Change of Zoning District
Classification from R-6 Residential District to A-2 A-1
(AS MODIFIED) Apartment District on certain property
located 1000 feet more or less east of Lawrence Drive at
the Eastern extremity of Coniiie Laue. Said parcel colitains
8.92 acres. Plats with more detailed informatioii are avail-
able iii the Department of Plaiining BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF CONNIE LANE PROPERTIES
A VIRGINIA PARTNERSHIP, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM I-I TO A-2 A-1 (AS MODIFIED) Z0685991
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatioii of Coiinie Lane Properties, a
Virginia Parntership, for a Change of Zonitig District
Classification from 1-1 Light lildustrial District to
A-4 A-1 (AS MODIFIED) Apartment District oD certaiii
property located 200 feet more or less south of Connie
Lane, 360 feet east of Lawrelice Drive. Said parcel
contains 2.26 acres. Plats with more detailed infor-
mation are available in the Departmelit of Planning.
BAYSIDE BOROUGH.
Prior to the changiiig of the official zoning maps, the following condition
will be met:
1. Dedication of 70-foot of right-of-way through this site
to provide for the extension of Baker Road iii accordance
with the Master Street and Highway Plan and the Virginia
Beach Bikeway Plan.
These Ordiiiaiices shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, oil the
Twetity-fourth day of June, Niiieteen Hundred and Eighty-five.
June 24, 1985
Item II-H.8 - 16 -
PLANNING ITEM # 23818 (Coiititiued)
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jenniiigs, Jr.,
Louis R. Jones, aiid Robert G. Jones
Council Members Nay:
Barbara M. Henley, Vice Mayor Reba S. McClaliall,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absetit:
None
June 24, 1985
- 17 -
Item II-H.9 ITEM # 23819
PLANNING
Upon motion by Councilman Feiltress, secotided by Couticilwomaii Creech, City
Council ADOPTED ali Ordinaiice upon applicatioii of the CITY OF VIRGINIA BEACH,
VIRGINIA for a Change of Zoning as per the followiiig.
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH,
VlRGINIA, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-7 TO R-8 Z0685992
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordina@ice upon application of the City of Virgiiiia Beach,
Virgiiiia, for a Chaiige of Zoniilg District Classification
from R-7 Resideritial District to R-8 Residential District
at the southwest corner of 15th Street and Mediterranean
Aveiiue on Lots 1-8 and part of Lot 26, Block 115; Lots
1-21 aiid 33-42, Block 110; Lots 1-34 and 37-42, Block 105;
Lots 1-7, Block 119; Lots 13-15, part of Lot 16, Lots 22-31
and Lots 35-36, Block 116; Lots 1-42, Block 111; Lots 1-23
aiid Lots 28-42, Block 106, Lots 1-30, Block 120; Lots 1-15
aiid Lots 27-41, Block 117; Lots 1-5, Lots 9-16 and Lots 19-42,
Block 112; Lots 1-20, Lots 29-32 aiid Lots 37-40, Block 107; Parcel
A, Block 122; Parcels I and 2; Lots 1-9, Block 121i, Parcel C;
Lots 1-15 aiid Uiiits 1100-1106, Block 118; Lots 5-6 and Lots
9-18, Block 108; Lots A-B alid Lots 11-20, Block 6; Lots 1-16,
Block 7, and Part of Parcel 199, Subdivisions of Lakewood
aiid Piiiewood. Plats with more detailed iilformatioli area
availabie i@) the Departmeiit of Planniiig. VIRGINIA BEACH
BOROUGH.
This Ordiiiaiice shall be effective Lipon the date of adoptiol).
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fourth day of June, Nineteen Hundred atid Eighty-five.
Voting: 9-2
Couucil Members Votitig Aye:
John A. Baum, Naiicy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Louis R. Jones, Robert G. Joiies, Vice Mayor Reba S.
McClatiaii, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberildorf
Couiicil Members Voting Nay:
Barbara M. Heiiley, arid H. Jack Jeli@liligs, Jr.
Couiicil Members Absent:
None
June 24, 1985
- 18 -
Item II-H.10
PLANNING ITEM # 23820
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
CounQil ADOPTED the following Ordinances AS AMENDED*:
ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION
Ill OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING
TO DEFINITION OF AUTOMOBILE SALES AND RENTAL.*
ORDINANCE TO AMEND AND REORDAIN ARTLCLE 2, SECTION
233.5 OF THE COMPREHFNSIVE ZONTNG ORDIANCE
PERTAINING TO AUTOMOBILE SALES AND RENTAL.
AND,
ORDINANCE TO AMEND AND REORDAIN ARTICLE 9,
SECTION 911(a) AND 911(c) OF THE COITREHENSIVE
ZONING ORDLNANCE PERTAINING TO USE REGULATIONS
FOR AUTOMOBILE SALES AND RENTAL.
*The word "automobile" shall be chaiiged to "motor vehicle" in all sectiolis
of the above Ordiliances.
*(a) and (b) under Sec. 233.5 Automobile Sales and Rental of an Ordinance
to Amend and Reordain Article 2 of the Compiehensive Zoning Ordinance pertaining
to Automobile Sales and Reiital shall be AMENDED as per the following:
(a) The @nimum lot size shall be 39TOOO-20,000
square feet.
(b) No at2teifteb+ie motor vehicle shall be displayed for
sale or rental withiu the first five (5) feet of
any front yard or side yard abutting the right-of-way
line of a street to be measured from the ptbpetty line
to any displayed motor vehicle on premises.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. HeAry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf.
Council Members Voting Nay:
Noiie
Council Members Absent:
None
June 24, 1985
AN OIDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION Ill
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITION OF
MOTOR VEHICLE SALES AND RENTAL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. be amended and
reordained in part as follows:
Sec. 111. Definitions.
Motor Vehicle la' es and R ntal. AU lot or establishment where
three or more mto r venicies, s, and
I sale
-r rent.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
24 day of June 1985.
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO MOTOR VEHICLE SALES AND RENTAL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2 of the Comprehensive Zoning Ordinance be amended and re-
ordained by addin@ Section 232.5 as follows:
Sec. 232.5. Motor Vehicle Sales and Rental.
In addition to general requirements, the 17le ing rely rrm nsts
in !t t-:
'Ot'r Vhicl, sa !ow c!:' t
and limitations shall apply to and r:PnZ.
in whic t ey are generally pemitted:
(a) The minimum lot size shall be 20,000 square feet.
(b) No motor vehicle shall be displa.yed for sale or rental within
the f' 5ii eet of any f;ont @ard or side ardta ttng
'rst five f 'u
y 6 be measured from the property
the rght-,f-wa ne of a street t ro he Drl,
line to any displayed motor vehicle on premises.
(c) All i ln sha 11 be directed toward the interior of the site
' ght@ '
and away rom adjoining properties.
(4) Where such establishment abuts a residential r rtme t
0 4@ld pr7y,cy
zoning district, there shall be a six (6) f6ot s.
fence, or other suitable buffering as requlred as a condition
of t e use permit, installed along the property line.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24
day of Juiie 1985.
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS FOR
MOTOR VEHICLE SALES AND RENTAL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 911(a), Principal uses and structures, of the C.Z.O.
be amended and reordained in part as follows:
(a) Principal uses and structures:
(1) Auditoriums, assembly halls and union halls;
@24 Aut@FReb*le-sales-aRd-rentali
(2) @34 Boat sales;
(3) @44 Business and vocational schools which do not involve the
operation of woodwork shops, machine shops or other similar
facilities;
(41 kgl Business studios, offices, clinics and medical laboratories;
(5) (64 Child care education centers;
(6) (74 Commerci'al parking lots, parking garages and storage garages;
(7) comercial recreation facilities other than those of an out-
door nature. ProVided, however, that such facilities shall
be pernitted only as a conditional use on a zoning lot in
the B-2 Comunity-Business District where such zoning lot
adjoins the side or rear yard of a zoning lot in a residential,
apartment or agricultural district without an intervening
street, alley or pemanent open space twenty-five (25) feet
or greater in width;
(8) 04 Day care centers;
(9) @94 Eating and drinking establishments; provided that where there
is an adjoining residential or apartment district without an
intervening street, alley, or permanent open space over
twent,v-five (25) feet in width and where lots separated by
the district boundary haye adjacent front yards, the first
lot within the B-2 Community Business District or one hundred
(100) feet of such lot nearest the boundary (whichever is less)
shall not be used for a drive-in eating and drinking establish-
ment;
(10) @144 Financial institutions;
(11) @124 Furniture repair and upholsteri,ng, repair services for radio
and television and household appliances other than those with
gasoline engines; service and repair services for business
machines; carpet and linoleum laying; tile setting, sign
shops and other small service businesses;
(12) @;34 Funeral homes;
(13) @444 Greenhouses and plant nurseries;
(14) @464 Laboratories and establishments for the production and repair
of eyeglasses, hearing aids and prosthetic devices;
(15) @164 Marinas, including facilities for storage and repair of boats
and sale of boating supplies and fuel;
(16) k474 Museums and art galleries;
(17) @18J Newspaper printing and publi.shing, job and commercial printing;
(18) (494 Nightclubs, bars, taverns, dance halls;
(19) @294 Passenger transportation teminals;
(20) @244 Personal service establishments, including barber and beauty
shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
dressmaking, tatiloring and garment repair shops with process-
ing on the premises;
(21) @224- Private clubs, lodges, social centers, eleemosynary establish-
ments and athletic clubs;
(22)_ k234 Public buildings and grounds;
(23) @244 Public utilities installations and substations including offices;
provided storage or maintenance facilities shall not be per-
mitted; and provided, further, that utilities substations, other
than individual transfomers, shall be surrounded by a wall,
solid except for entrances and exits, or by a fence with a
screening hedge five (5) to six (6) feet in height; and provided
also, transfomer vaults for underground utilities and the
like shall require only a landscaped screening hedge, solid
except for access opening;
(24) @264 Retail establishments, including the incidental manufacturing
of goods for sale only at retail on the premises; retail sales
and display rooms and lots, provided that yards for storage
of new or used building materials or yards for any scrap or
salvage operations or for storage or display of any scrap,
salvage or secondhand building materials or automobile parts
shall not be allowed;
(25) @264 Veterinary establishments and comercial kennels, provided
that all animals shall be kept in soundproofed, air-conditioned
buildings;
(26) k274 Wholesaling and distribution operations, provided that such
operations do not involve the use of:
(i) more than two thousand (2,000) square feet of floor
area for storage of wares to be sold at wholesale or
to be distributed, or
(ii) any vehicle rated at more than one and one-half ton
capacity, or
(iii) a total of more than five (5) delivery vehicles.
That Article 9, Section 911(c), Conditional uses and structures, of the
C.Z.O. be amended and reordained in part as follows:
(c) Conditional uses and structures: Uses and structures hereinafter
specified, subject to compliance with the provisions of Part C of
Article 2 hereof:
(1) Automobile and small engine repair establishments, provided
that all repair work shall be perfomed within a building;
(2) Automobile service stations; provided that, where there is
an adjoining residential or apartment district without an
intervening street, alley or permanent open space over
twenty-five (25) feet in width and where lots separated by
a district boundary have adjacent front yards, a six (6)
foot solid fence shall separate the automobile service station
use from the adjacent residential district and no ground sign
shall be within fifty (50) feet of a residential or apart-
ment district;
(3) Borrow pits;
(4) Bulk storage yards and building contractors' yards; provided
that no sale or processing of scrap, salvage, or secondhand
material shall be pemitted in such yards; and, provided
further that such storage yards shall be completely enclosed
except for necessary openings for ingress and egress by a fence
or wall not less than six (6) feet in height;
(5) Car wash facilities, provided that:
(i) no water produced by activities on the zoning lot shall
be permitted to fall upon or drain across public streets
or sidewalks or adjacent properties;
(ii) a minimum of three (3) off-street parking spaces for
automobiles shall be provided for each car wash space
within the facility.
(6) Churches;
(7) Heliports and helistops;
(8) Hospitals and sanitariums;
(9) Mini-warehouses, provided that the yard shall be completely
enclosed except for necessary openings for ingress and
egress by a fence or wall not less than six (6) feet in height;
(10) Mobile home sales;
(11) Motor vehicle sales and rental, provided the minimum lot size
is 20,000 squ6re feet;
(12) @144 Outdoor advertising structures, billboards, signboards and
poster panels shall be allowed on unimproved property provided
the regulations of Section (Part) B of Article 2 and Section
914 hereof are met and further provided that no outdoor
advertising sign shall exceed three hundred (300) square feet
of surface area;
(13) @124 Public utility storage or maintenance installations;
(14) kl34 Radio and television broadcasting stations and line-of-sight
relay devices;
(15) @144 Recreational and amusement facilities of an outdoor nature,
which may be partially or temporarily enclosed on a seasonal
basis with approval of City Council, provided that, in the
development of such properties, safeguards are provided to
preserve and protect the existing character of adjacent
properties, except that riding academies and recreational
campgrounds shall not be allowed as a conditional use or
otherwise.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24
day of June 1985.
18a -
Item II-H.11
PLANNING ITEM # 23821
Ralph H. Ricardo, resident of Shore Drive, registered iii Oppostioli but
WITHDREW this oppositioii
Councilwoman oberndorf refereiiced a telephone call from Jim Kaiser's representative
of the North Virginia Beach Civic League, requestiiig DEFERRAL.
Upoii motion by Councilwoman Oberiidorf, seconded by Councilman Fentress,
Council DEFERRED uiitil the City Council Meeting of August 5, 1985,
aii OrdiiiaLlce to amend ARTICLE 5, Sectiolis 560, 516, 536, 564 and 571
of the COMPREHENSIVE ZONING ORDINANCE pertaiiiing to the R-7 and R-8
Residential Districts to remove DUPLEXES and GARAGE APARTMENTS.
Voting: 10-1
Couiicil Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jeiiiiiligs, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanaii, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
Juiie 24, 1985
- 19 -
Item II-H.12a. ITEM # 23822
PLANNING
Upon motion by Couiicilman McCoy, seconded by Councilwoman Oberndorf, City Couiicil
DEFERRED for six (6) months the followiiig amendmelit contained in the Ordinance
to amend the MASTER STREET AND HIGHWAY PLAN dated December 16, 1974;
REALIGN THE INTERSECTION OF INDLAN RIVER ROAD
AND ELBOW ROAD AS SHOWN ON MAPS ON FILE IN THE
DEPARTMENT OF PLANNING.
This DEFERRAL will enable residents of the area involved to meet with the
Planning Staff, and members of City Council and develop a Road Alignment
that will not adversely affect atiyone but 5olve the particular problem.
Votiiig: 9-0
Council Members Votilig Aye:
Johli A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert C. Jones,Vice
Mayor Reba S. McClauan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Votiiig Nay:
None
Council Members Absent:
Robert E.Felitress, aiid H. Jack Jenniiigs, Jr.
June 24, 1985
20 - CORRECTED COPY
Item II-H.12b.
PLANNING ITEM # 23823
Upoii motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council
ADOPTED the following AMENDMENT of the Ordinance to AMEND the MASTER STREET
AND HIGHWAY PLAN dated December 16, 1974, as per the following:
REALIGN THE INTERSECTION OF FERRELL PARKWAY AND
PRINCESS ANNE ROAD IN THE AREA NORTH OF THE MUNI-
CIPAL CENTER AS SHOWN ON MAPS ON FILE IN THE
DEPARTMENT OF PLANNING.
VotiDg: 6-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Louis R. Joiies, Robert G. Jones, and Vice Mayor Reba S.
McClanan
Council Members Votiiig Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent;
Robert E. Fentress, H. Jack Jennings, Jr., and
J. Henry McCoy, Jr., D.D.S.
June 24, 1985
- 20a -
AN ORDINANCE TO AMEND
THE MASTER STREET AND HIGHWAY
PLAN DATED DECEMBER 16, 1974
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Master Street and Highway Plan dated December
16, 1974, is hereby amended as follows:
1. Realign the intersection of Ferrell Parkway and
Princess Anne Road in the area north of the Municipal
Center as shown on maps on file in the Department of
Planning.
Adopted by the Council of the City of Virginia Beach on
the 24th day of June, 1985.
er
6- 2 5- 8 5
Jutie 24, 1985
- 21 -
ltem II-I.I.a
ITEM # 23824
Sam Houstoii, represented the elderly of Virgiiiia Beach, alid expressed
appreciatioii to City Council coiicerning approval of Revenue Bonds for
elderly citizelis
Upon motion by Couiicilman Feiitress, secoiided by Councilman McCoy, City Council
ADOPTED the Resolution approving the Issuance of INDUSTRIAL DEVELOPMENT REVENUE
BONDS by the City of Virginia Beach Development Authority to the following:
OCEAN VILLAGE APARTMENTS
LIMITED PARTNERSHIP $22,000,000
Voting; 7-3
Council Members Voting Aye:
Johii A. Baum, Naticy A. Creech, Robert E. Felitress,
Mayor Harold Heischober, H. Jack Jennings, Jr.,
Louis R. Joiies, atid Robert G. Jones
Couiicil Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanati,
aiid Meyera E. Oberiidorf
Couiicil Members Abselit:
J. Henry McCoy, Jr., D.D.S.
June 24, 1985
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Ocean Village Apartments Limited
Partnership
2. LOCATION: one-quarter (1/4) mile south of
the interesection of Dwyer Road
and Dam Neck Road, Virginia
Beach, virginia
3. DESCRIPTION OF PROJECT: 424 unit residential rental
apartment project
4. AMOUNT OF BOND ISSUE: $22,000,000.00 for two phases
5. PRINCIPALS: Dennis A. Laskin and Laskin
Development, Inc.
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property PDH-2
b. Is rezoning proposed? No
1 98 5
FISCAL IMPACT STATEMENT
OCEAN VILLAGE APARTMENTS LIMITED PARTNERSHIP
1. Maximum amount of financing sought $ 22,000,000.00
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $ 22,000,000.00
3. Estimated real property tax per
year using present tax rates $ 176,000.00
4. Estimated personal property tax
per year using present tax rates $ -
5. Estimated merchants' capital tax
per year using present tax rates $
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 1,020,000.00
7. Estimated number of regular
employees on year round basis 4
8. Average annual salary per employee 10,000.00
CITY OF VIRGINIA BEACHDEVELOPMENT
AUTHORITY OF VIRGINIA BEACH,
VIRGINIA
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14
NAME OF PROJECT: Ocean Village apartments Limited
Partnership
PROJECT ADDRESS: 1/4 mile south of the intersecti
of Dwyer Road and Dam Neck Road
TYPE OF PROJECT: 424-unit residential rental
apartment project
A meeting of the Council of the City of Virginia Beach,
Virginia, at which a quorum was present, was held in the Council
Chambers, in the Administration Building, on the 24 day of
Jutie -, 1985.
on motion by Councilmati Fentress seconded by
C, o and voted upon as herein set forth, the
adopted.
T-oll.wi g OlLution was
RESOLUTION OF THE COUNCIL
OF
THE CITY OF VIRGINIA BEACH
APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND
FOR
OCEAN VILLAGE APARTMENTS LIMITED PARTNERSHIP PROJECT
WHEREAS, the City of Virginia Beach Development
Authority, whose address is 770 Lynnhaven Parkway, Suite 200,
Virginia Beach (the "Authority") has considered the application
and plan of financing of Ocean Village Apartments Limited Part-
nership, a Maryland limited partnership, whose address is 9000
old Georgetown Road, Bethesda, Maryland 20814 (the "Purchaser"),
for the issuance of the Authority's industrial development reve-
nue bonds in an amount estimated at not more than Twenty-two
Million Dollars ($22,000,000.00) (the "Bond") to assist in the
financing of the Purchaser's acquisition, construction, equipping
and furnishing of a 424 unit residential rental apartment project
located on a parcel of l@nd of approximately twenty-nine (29)
acres, being one-quarter (1/4) mile south of the intersection of
Dwyer Road and Dam Neck Road in Vir ginia Beach, Virginia (said
land and improvements collectively referred to as the "Project"),
to be owned and operated by the Purchaser, and has held a public
hearing thereon on June 11 1985 and;
WHEREAS, the Authority has requested the Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve
the issuance of the Bond to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to 915.1-1378.1, Code of virginia, as
amended, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon and a
reasonably detailed summary of the @ comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authority, for 'the benefit of Ocean Village Apartments
Limited Partnership, a Maryland limited partnership, to the
extent of and as required by Section 103(k) of the Internal
Revenue Code, to permit the Authorit@ to assist in the financing
of the Project.
2. ihe approval gf the plan of financing, as required
by Section 103(k), does not constitut6 an endorsement of the Bond
or the creditworthiness 'of the Purchaser, but, pursuant to
Chapter 643 of the Virginia Acts of Assembly of 1964, 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
2
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liabi-
lity for any damages to any person, direct or consequential,
resulting from the Authority's failure to issue bonds for the
Project for any reason.
4. Ihis Resolution shall take effect immediately upon
its adoption.
Adoption by a majority of a quorum of the Council of the
City of virginia Beach, Virginia, on June 24 1985.
Secretary
ov#l
res.c
3
- 22 -
Item II-I.I.b.
RESOLUTIONS ITEM # 23825
Upon motioii by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED the Resolutions approving the Issuance of INDUSTRIAL DEVELOFMENT REVENUE
BONDS by the City of Virginia Beach Development Authority to the following:
140 ASSOCIATES $6,000,000
PIPERS LANDING ASSOCIATES $3,800,000
Votiiig: 10-0
Council Members Voting Aye;
John A. Baum, Naiicy A. Creech, Robert E. Felitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiiiigs, Jr., Louis R.
Jones, Robert C. Joiies, Vice Mayor Reba S. McClanan, and
Meyera E. Oberiidorf
Council Members Votitig Nay:
None
Couiicil Members Absent:
J. Henry McCoy, Jr., D.D.S.
June 24, 1985
1 1/ 5/ 8 3
FISCAL IMPACT STATEMENT
DATE-. MAY 15, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: 140 ASSOCIATI,]S
TYPE OF FACILITY: APPROXIMATELY 140-UNIT RENTAL APARTMENT PROJECT
1. Maximum amount of financing sought $ 6,_QOO 000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $_4,400,000
3. Estimated real propertv tax per year
using present tax rates $ 40,000
4. Estimated personal property tax per
year using present tax rates $ 11000
5. Estimated merchants' Capital (business
.license) tax per year using present tax
rates $ N/A
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 225.000_
7. Estimated number of regular employees on
year round basis 5
8. Average annual salary per employee $ 15,000
The information contained in this Statement is based solelv
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
B
Chairman
SUMMARY SHEET
1. PROJECT NAME: 140 Associates
2. LOCATION: Virginia Beach Boulevard near the
Pembroke area bordering the Thaiia
Creek branch of the Lynnhaven
River
3. DESCRIPTION OF PROJECT: Approximately 140-Unit rental
apattment complex, inc ng and-
scaping and recreational amenities
4. AMOUNT OF BOND ISSUE: $6,000,000
5. PRINCIPALS: Ramon W. Breeden, Jr.
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property B-4
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
PROJECT NAME: 140 Associates
PROJECT TYPE: 140-Unit Rental Apartment
Complex
PROJECT LOCATION: Virginia Beach Boulevard near
the Pembroke Area Bordering
the Thalia Creek Branch of
the Lynnhaven River
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
140 ASSOCIATES FACILITY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of 140 Associ-
ates, a Virginia limited partnership, or any partnership or
corporation of which Ramon W. Breeden, Jr. is a partner or
shareholder (the "Company") for the issuance of the Authority's
industrial development revenue bonds in an amount not to exceed
$6,000,000 (the "Bonds") to assist in the financing of the
Company's acquisition, construction and equippinq of an approxi-
mately 140-unit rental apartment complex, includinq landscapinq
and recreational amenities, to be located on Virginia Beach
Boulevard, near the Pembroke area, bordering the Thalia Creek
Branch of the Lynnhaven River, in the City of Virginia Beach,
Virginia, and has held a public hearing thereon on June 11,
1985; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City") to
approve the construction of the additional housing and the
issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378-1 of the Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving
the issuance of the Bonds, subject to terms to be mutually
agreed upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, have been filed with
the Council of the City of Virginia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virqinia Beach, Virginia
approves the additional housing to be provided by the Facility
and the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of 140 Associates, or
any partnership or corporation of which Ramon W. Breeden,
Jr. is a partner or shareholder, to the extent of and as requir-
ed by Section 103(k) of the Internal Revenue Code, to permit
the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, 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 co@ts 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 Authorit
shall be pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by a majority of a quorum of the Council of the
24
City of Virginia Beach, Virginia on June Ely, 1985.
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
PROJECT NAME: Pipers Landing Associates
2. LOCATION: southern terminus of Lisa Square
ad3acent to and east u, @iie housing
pro]ect currentlv und6r construction
and owned by s@ qare ssc,.-@e-s-.
3. DESCRIPTION OF PROJECT: Ac
fa.qyl;etenconstru@t and equip a multi--
m tal ous-,ng pr63ec
4. AMOUNT OF BOND ISSUE: 3,800,000
5. PRINCIPALS: John W. Ainslie
Jeffrev W. Ainslie
@ames W. Gravelv
6. ZONING CLASSIFICATION:
a. Present zoning
clas@ification of the
Property A-i
b. Is. rezoning proposed? Yes No
C. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: May 14, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Pipers Landing Associates
TYPE OF FACILITY: Multi-Family Rental Iiousing Project
1. Maximum amount of financing sought $ 3,800,000.00
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 4,256,000.00
3. Estimated real property tax per year
using present tax rates $ 34,000.00
4. Estimated personal property tax per
year using present tax rates $
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 960.00
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 210,000. 00
7. Estimated number of regular employees on
year round basis $ 3
B. Average annual salary per employee $ 15,000.00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority ha's made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
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PROJECT NAME: Pipers Landing Associates
PROJECT ADDRESS: Southern Terriintis of Lisa SquarE
adjacent to and east 6f the
project currently under construc
tion and owned by Lisa Square
Associates.
TYPE OF PROJECT: Multi -Family Rental Housing
Rental Project
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 24 day of June, 1985.
On motion bv Councilman Baum
and seconded by -ullcliwoman ureecn the follow-
ing Resolution was adopted by the following vote:
Name Vote
RESOLUTION APPROVING THE ISSUANCE OF RENTAL HOUSING
REVENUE BONDS FOR PIPERS LANDING ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of Pipers
Landing Associates (the Company) for the issuance of the
Authority's rental housing revenue bonds in an amount not to
exceed $3,800,000 (the Bonds) to assist in the financing of
the Company's acquisition, construction and equipping of a
152 unit multi-family rental housing project (the Project),
at least 20% of the units of which will be leased to persons
or families of low or moderate income within the meaning of
Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as
amended (the Code), to be located at the southern terminus of
Lisa Square adjacent to and east of the housing project
currently under construction, and has held a public hearing
thereon on June 11, 1985; and
WHEREAS, the Authority has recommended that the City
Council (the Council) of the City of Virginia Beach, Virginia
(the City), approve the issuance of the Bonds to comply with
Section 103(k) of the Code and Section 15.1-1378.1 of the
Code of Virginia of 1950, as amended (the Virginia Code);
WHEREAS, a copy of the Authority'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 pu@iic hearing with respect to the Bonds and a state-
ment 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 first preamble to this
Resolution 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 financing of the
Project for the benefit of the Company, to the extent of and
as required by Section 103(k) of the Code and Section
15.1-1378.1 of the Virginia Code.
3. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the creditworthi-
ness of the Company, but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, 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 the Council of the City of Virginia Beach,
Virginia, on June 24 1985.
2
- 23 -
Item II-1.2
RESOLUTIONS ITEM # 23826
Upon motion by Councilwoman Henley, secoiided by Councilwoman Creech, City
Council ADOPTED a Resolutioii to accept the bid of TURNER AND VALENTINE
for OBSTETRICAL CARE FOR LOW INCOME PAIIENTS; AND, AUTHORIZED the City
Maiiager to execute the tiecessary agreement.
Voting; 9-1
Council Members Votiiig Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiinings, Jr., Robert G.
Jones, J. Heiiry McCoy, Jr., D.D.S., aiid Meyera E. Oberlidorf
Couticil Members Voting Nay:
Vice Mayor Reba S. McClanaii
Council Members Abselit:
Louis R. Jones
June 24, 1985
A RESOLUTION TO ACCEPT THE BID OF
TURNER AND VALENTINE FOR OBSTETRICAL
CARE FOR LOW INCOMF PATIENTS AND
AUTHORIZE THE CITY MANAGER TO
EXECUTE THE NECESSARY ACRFEMENT
WHEREAS, on March 18, 1985, City Council approved an ordinance
to provide for contracting of indigent obstetrical care through
private physicians on a fee for service basis at Virginia Beach
General Hospital through the remainder of this fiscal year, and
WREREAS, the City's Purchasing Agent has requested proposals
(RFP) from potential providers for this same service for fiscal
year 1985-1986, and
WHEREAS, the following proposals were submitted by a single
contractor:
(1) A fee for service contract with separate
billing for each patient at a monthly
charge of $23,500 or $282,000 annually.
(2) A flat rate bid of $18,500 per month or
$222,000 annually.
WITEREAS, it is recommended by City staff that the Citv accept
tiie low bid of $222,000 with an additional provision tor i@elical
record retreival administration of $5/patient, and
WHEREAS, funding in the amount of $300,000 is available for
ttiis program in the FY86 Operating Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY Of
VIRGINIA BEACH that the low bid of $222,000 annually to provide
indigent obstetrical care, submitted by Turner and Valentine, P.C.
is accepted with an additional provision for medical r--cord
retreival administration of $5/patient. Furthermore, the City
Manager is authorized to enter into an agreement with Turner and
Valentine to provide this service. Said agreement is attached
hereto and the same is hereby approved.
This Resolution is effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 24 day of June 1985.
icm/VL/37
This contract made this 1st day of July, 1985 by and between the
City of Virginia Beach (hereinafter referred to as "City") whose
officers are at the Administration Building, Municipal Center,
Virginia Beach, Virginia 23456, and Turner and Valentine, P.C.
whose address is Suite 1-D, IMA Building, 700 Independence Circle,
Virginia Beach, Virginia 23455, (hereinafter referred to as the
"Contractor") -
WITNESSETH
That for and in consideration of the respective undertakings of
the parties of this contract, the "City" and the "Contractor"
hereby covenant and agree, each with the other, as follows:
ARTICLE I - SCOPE OF SERVICE
a. The Contractor shall provide or provide for the following
services to eligible residents of the City of Virginia
Beach at Virginia Beach General Hospital or the Contractor's
office.
1. Obstetrical and related anesthesia and pediatric
care to include spontaneous vaginal, induced
vaginal, and cesarean sections, necessary anesthesia
and in hospital obstetrical and pediatric neonatal
patient care.
2. Scheduled delivery of at risk patients following
referral by a health department physician. An
office or hospital consultation by Contractor will
be included as medically indicated. This includes
the management of all hospitalized prenatal patients
with obstetrical and medical related conditions
which are usually managed at a Level II hospital.
3. Tubal ligation for sterilization for those patients
who elect this procedure in the post delivery
period (96 hours post delivery).
4. Management of post partum complications for two weeks.
CONDITIONS AND RESTRICTIONS
The following conditions and restrictions are applicable to all
activity performed under this contract.
a. "Eligible" Virginia Beach resident is defined as
those who reside in Virginia Beach, require obstet-
rical care or are neonates delivered of eligible
residents, and meet income eligibility criteria for
assistance according to State Health Department
standards. This includes persons in income catego-
ries A, B, C, D, and E. Persons who are in Income
Category "F" are required to pay full fee for their
care and are not eligible for assistance under this
contract.
b. Copies of hospital records of delivery and of other
medical care provided must be forwarded to the City
in order that:
1) the City may collect arnounts due from patients
and;
2) develop an accounting system so an accounting
of all services can be maintained. City will
reimburse Contractor at a rate of $5.00/patient
for this administrative function.
C. The reimbursement provided by this contract is accepted
by Contractor as full payment for services to eligible
patients. Contractor will thus assist in providing
that all third party payment be received or assigned
to the City.
ARTICLE II - TIME OF PERFORMANCE
The services of the Contractor shall commence on July 1, 1985 and
shall terminate on June 30, 1986, the period of performance being
twelve months. By agreement of both parties the contract may be
continued for an additional twelve months on July 1, 1986 and
again on July 1, 1987.
ARTICLE III - COMPENSATION
The City shall reimburse the Contractor $222,000.00 yearly in
twelve equal payments of $18,500.00, made on the last day of each
month of the contract period beginning July 31, 1985. In addition
a reimbursement of $5.00 per eligible patient provided care will
be added for administrative expense resulting from required medical
record provision.
ARTICLE IV - GENERAL PROVISIONS
Nothing in this agreement shall be construed as authority for
either party to make commitinents which will bind the other party
beyond the Scope of Service contained herein.
ARTICLE V LIABILITY
The Contractor shall indemnify and hold harmless the City, and
when applicable, its employees and designated representatives,
from any and all claims, suits, actions, liabilities and cost
of any kind, caused by the performance by the Contractor of
his/its work pursuant to this agreement. The Contractor shall
provide such malpractice and/or liability insurance as may be
necessary to protect him/her from claims for damages which may
arise under this contract. A certificate indicating one million
dollars of malpractice insurance is requried.
ARTICLE VI TERMINATION
1. This contract may be cancelled by either party by
giving thirty days written notice to the other, or
2. This contract shall be cancelled automatically in
the event the local or State government fails to appropriate
or allocate sufficient funds for the purpose of continuation
of this agreement.
3. In the event of breach by the Contractor of this
agreement, the City shall have the right immediately to rescind,
revoke or terminate the agreement. In the alternative, the
City may give written notice to the Contractor specifying the
manner in which the agreement has been breached. If a notice
of breach is given and the Contractor has not substantially
corrected the breach within sixty days of receipt of the written
notice, the City shall have the right to terminate this agreement.
ARTICLE VII - INTEGRATION AND MODIFICATION
This contract constitutes the entire agreement between the
Contractor and the Agency. No alteration, amendment or modifica-
tion in the provisions of this agreement shall be effective
unless it is reduced to writing, signed by the parties and
attached hereto.
ARTICLE VIII - NON-DISCRIMINATION
In his/its performance of this agreement, the Contractor warrants
that he/it will not discriminate against any employee, or other
person, on account of race, color, sex, religious creed, ancestry,
age, or national oriqin. The Contractor agrees to post in
conspicious places, available to ernployees and applicants for
employment, notices setting forth the provisions of this non-
discrimination clause.
The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that
such Contractor is an equal opportunity employer; provided,
however, that notices, advertisements and solicitations placed
in accordance with federal law, rules or regulation shall be
deemed sufficient for the purpose of meeting the requirements
of this contract.
ARTICLE IX - SEVEREABILITY
Each paragraph and provision of this agreement is severable from
the entire agreement; and if any provision is declared invalid,
the remaining provisions shall nevertheless remain in effect.
ARTICLE X - CONTINGENT FEE WARRANTY
The Contractor warrants that he/it has not employed or retained
any person or persons for the purpose of soliciting or securing
this agreement. The Contractor further warrants that he/it has
not paid or agreed to pay any other consideration, contingent
upon the award or making of this agreement. For breach of one
or both of the foregoing warranties, the Agency shall have
the right to terminate this agreement without liability, or in
its discretion, to deduct from the agreed fee, payment or consid-
eration, or otherwise recover, the full amount of said prohibited
fee, commission, percentage, brokerage fee, gift, or contingent
fee.
ARTICLE XI - AUDIT
Contractor shall agree to provide to the City an annual report
of all funds received by Contractor. The books of the Contractor
shall, at all times, be available for inspection by authorized
City personnel.
CITY CONTRACTOR
Thomas H. Muehlenbeck & Valentine, P.C.
City Manager
Date Date
Hector Rivera, Assistant
City Manager for Human
Services
APPROVR@, @-0 Co@4T.@:NT
te
- 24 -
Item 11-I.3
ADD-ON ITEM # 23827
RESOLUTIONS
Upon motion by Couiicilman Jenniiigs, seconded by Couiicilwomail Creech, City
Council ADOPTED a Resolutioii AS AMENDED* iii Recognitioil of the Welfare of
the WELFARE aiid RELEASE of the HOSTAGES who were aboard TWA Flight 847.
The Hijackers seized the TWA Flight with 153 people aboard oil Friday,
Julie 14, 1985.
Couticilman Jennings introduced this Resolution recognizing June 24, 1985,
as the Tenth day of the Ordeal of the Hostages.
*This Resolution was AMENDED in the fourth paragraph as per the following:
"WHEREAS, ofte-@-tite-elevert Robert Dean Stethem, who was
stationed at Little Creek Naval Amphibious Base, has beeil
murdered ai)d three others released; and
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeuniiigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanati, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberadorf.
Council Members Voting Nay:
None
Council Members Absent:
None
AS AMENDED -24 a
litfi jot :u till tt
WHEREAS, on F@ay, June 14, 1985, kil-keu 6eized an Athen6-
to-Rome TWA 6tight with 153 peopte aboa)Ed, moatty AmeAican6; and
WHEREAS, the hijackeu have thteatened to kLU theit ho-6tage,6
anZe,6.6 th@ demanda ate met; and
WHEREAS, oAiginaZty eteven o6 the pa6zengeu aboaLd TWA 6Ught 847
had been identi6ied aA Vixginian-6 o,% having .6ome connection with ouA State;
and
WHEREAS, one o6 the eteven ha4 been muAdeAed and t@e othe&6
,tetea,6ed; and
WHEREAS, some @o,%ty AmeAican-6 ate appa&entty stitt being hetd
ho,6tage thxoughout B@ut; and
WHEREAS, the AmeAicana .6titt being hetd inc&de at Zea6t .6even
peopZe 6jLom Vaginia - 6ive ixom the Not6oZk and Vitginia Beach aaea; and
WHEREAS, the hoatagez who axe ViAginia Beach iLezident6 aAe:
JEFFREV J. INGALLS
CLIWrON SUGGS
TONV D. WALTON
WHEREAS, today - June 24, 1985 - i6 the teah day o6 the o&deat
6o,t the.6e ho6tageA; and
WHEREAS, the jamitie,6 oi tho.6e AmeAican6 ztzu being hetd hostage
oAe anxiou4ty wazang Jo,% new4 oi the wet6oAe and tetea,6e o6 theia toved
oneb;
NOW, THEREFORE, BE IT RESOLVED that the ViAgi@ Beach City
Counal joi" with the,6e 6amilie-6 in the hope,6 thei4 toved one,6 @ .6oon
be )Letea6ed and thi4 o)Ldeat witt come to an end.
25 -
Item II-J..
CONSENT AGENDA ITEM # 23828
Upon motioli by Couiicilwomaii Creech, seconded by Councilman McCoy, City
Council APPROVED in ONE MOTION Items I through 12 of the CONSENT AGENDA
with the exception of Items 2, 3 a.d 4 hich e,, v,ted on separately.
Voting: 11-0
Council Members Votiilg Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanaii, J. Hetiry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf.
Council Members Votiiig Nay:
None
Council Members Absent:
None
June 24, 1985
- 26 -
Item 11-J.1
CONSENT AGENDA ITEM # 23829
Upon motion by Councilwomaii Creech, seconded by Couiicilman McCoy, City
Couiicil ADOPTED a RESOLUTION OF RECOGNITION to:
HERMAN "JR" REID, JR.
"Tidewater Player of the Year"
Votiiig: 11-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Rarold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absent:
Noiie
June 24, 1985
26 a -
R E S 0 L U T I 0 N 0 F R E C 0 G N I T I 0 N
WHEREAS: Sports have always had a place in American life and
competition has grown as individual athletes master their own skills,
physical strength and stamina to compete in local, national and
international events as well as for selection in higher institucions of
learning;
WHEREAS:
HERnAN -JR" REID, JR.
is seventeen years of age, a fraction taller than 6 feet 9 inches and
weighs 220 pounds, he has excelled in basketball from his very first
play on the Kempsville High basketball court. JR is five inches taller
than any other player and has tremendous mobility. He was credited
with being the "key force" behind Kempsville's 17-7 season in which the
CHIEFS went 11-1 in the Beach DistricL to caplure the League's regular
season title. In his first season of varsity basketball, JR averaged
20.5 points and 12.8 rebounds per game. He hit 59 percent of his shots
from the field. His free-throw shooting was 61 percent for the season.
He has unlimited potential and still keeps training. JR yearns to be
the best and prefers the position of Forward;
WHEREAS: JR Reid has become the youngest recipient of The
Virgi7nian--Pilot/Ledger-Star "Tidewater Player of the Year'@, he is the
first high school sophomore ever to earn this honor. He was recently
profiled in "The Cats' Pause", a publication which serves the
University of Kentucky, under the "Blue Chip Special". JR has been
named to the first team of the Twenty-Ninth Annual PARADE "All-American
Basketball Team". He has twice been selected to the Associated Press
All-Group AAA Squad. For two consecutive years, JR has beeu honored by
the Norfolk and Virginia Beach Sports Clubs as "Player of The Year" and
has been selected for the @'Virginia All State Team"; and,
WHEREAS: Honors and prestige have come easily and frequently to
JR Reid, he has handled the early stardom well, yeL he has maintained a
good scholastic average and still continues to keep his own room clean
and do olher chores around the home. His coach described him as
"Literally one in a million--an incredibly big man with a soft touch".
NOW THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council recognizes "JR- Reid for his athletic achievement and pays
tribute to his accomplishments so early in life with a copy of this
Resolution spread upon the Minutes of this Regular Session of the
Virginia Beach City Council this Twenty-fourth day of June, Nineteen
Hundred and Eighty-Five.
Given Under My Hand and Seal,
Mayor
- 27 -
Item II-J.2 IT#M # 23830
CONSENT AGENDA
Upoii motiod by Councilwomaii McCoy, seconded by Councilwman Creech, CitY
Council ADOPTED A Resolution in accordance with Section 10.5-2 of the City
Code for reiiewal of EMERGENCY MEDICAL SERVICES, AGENCIES OR VEHICLES and to
establish the method of settiiig rates for:
Eastern Virginia Ambulance Service
Nightingale Air Ambulance
City of Chesapeake
Norfolk General Hospital Cath Loab
Tidewater Ambulaiice Service
Children's Hospital of the King's Daughters
City of Norfolk
Voting: 10-0
Council Members Votiiig Aye:
Joha A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jeriiiings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Coulicil Members Voting Nay:
None
Couiicil Members Absent:
None
Council Members Abstaining:
June 24, 1985
Louis R. Jones
27a -
RESOLUTION
i,IHEREAS, the following seven agencies in accorda.@ce with
Section 10.6-2 of the Code of Virginia Beach have applied for
renewal of their permit to operate an emergency medical services
agency or vehicle in the city:
1. Eastern Virginia Ambulance service
2. Nightingale Air Ambularice
3. City of ChesapeaKe
4, Norfolk- General HosPital Catil Lab
5. Tidewater Ambulance Service
6. Children's Hospital of the King's Daughters
7. City of Norfolk
WHE,@EAS, it is recommended by the Director and Medical
Direcl,-@T., of Emergency Medical Services (EMS) that the renewal
appl-;cac;-o-is be -arid
wHERE,-s, it i-s also recoinmended by rl,,S tlat til-C, r@te tOr
fixed fees ind charges for.- basic and advariced life E-LipticrT:
B and C veli4.cles riot exceed the maximum prevailing @edicare
rates charged in this Regional Medicare area.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that tbe renewal permits of the above agencies
are hereby approved,
BE IT FURTHER RESOI,VED that the rate for fixed feetj and
charges for bdsic and advanced life support Class B and C vehicles
not exceed the maximuin prevailing Medicare rates ciiai.-yed in
this Regional Medicare area.
Adopted by the Council of the City of Virginia Beach, VirgirLia
on the .-- 24th day f __ June
June 24, 1985
- 28 -
Item II-J.3
CONSENT AGENDA ITEM # 23831
Attorney Harry R. Purkey, Jr., represeiited the applicant and preseilted
a petition approving the application (said petition is hereby made a
part of the record).
E. Spencer Wise, registered in OPPOSITION, but WITHDREW this OPPOSITION
Upon motion by Councilman Jennings, seconded by Councilmaii Fentress, City
Couiicil ADOPTED a Resolution authorizing the ENLARGEMENT of the NONCONFORMING
STRUCTURE located at 205 51st Street (Property of RICHARD A. BRUGH AND
MARGARET W. BRUGH).
Votiiig: 11-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
NoDe
Council Members Abseiit;
None
Juiie 24, 1985
- 28a -
RESOLUTION AUTHORIZING THE ENLARGEMENT
OF THE NONCONFORMING STRUCTURE LOCATED
205 51ST STREET (PROPERTY OF RICHARD A.
BRUGH AND MARGARET W. BRUGH)
WHEREAS, Richard A. Brugh and Margaret W. Brugh
desire to construct a 300 square-foot, two-story addition to one
of two, single-family, detached dwellings located at 205 51st
Street, Virginia Beach, Virginia. Said addition is shown as the
hatched area on that certain survey entitled "PHYSICAL SURVEY LOT
4 BLOCK 14 UBERMEER M.B.7 P.150 LYNNHAVEN BOROUGH VIRGINIA
BEACH, VA.' (the "Survey'), a copy of which is attached hereto
and made a part hereof; and
WHEREAS, the existing structures do not conform to the
provisions of the Comprehensive Zoning Ordinance because two,
single-family detached dwellings on a single lot are not allowed
in the R-8, Duplex District; and
WHEREAS, pursuant to SS105(d) of the Comprehensive
zoning Ordinance, City Council may authorize the enlargement of a
nonconforming structure if Council finds that the structure as
enlarged is equally appropriate or more appropriate to the zoning
district than is the existing nonconformity.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds enlarqement of the
nonconforming single-family detached dwellinq, located at 205
51st Street, Virginia Beach, Virginia, shown as the hatched area
on the Survey, is equally appropriate or more appropriate to the
zoning district in which it is located than is the existing
nonconformity; and the City Council hereby authorizes the
enlargement of the nonconforming structure in the manner shown on
the Survey. .
Adopted by the Council of the City of Virginia Beach,
virginia, on June 24, 1985
CMS/CJ/da - 6/17/85 - (3)
THIS is To CERTIFY THAT 1. ON 3 MAY 1979 SURVEYED
T14L PROPCRTY SHOWN ON THIS PLAT. AND THAT THK TITLE LINES AND THE WALLS OF THE SUILD.
INGS ARE AS SHOWN ON THIG PLAT.
THE BUILDINGS STAND STRICTLY WITHIN THK TITLE LINES AND Tb4ERE ARE NO EP4CROACH-
MENTS OF OTHIER BUILDINGS ON THE I-ROPERTY. KXCKPT AS 5
SIGIlrID
20, ALLEY
tics-saw
0
ci
ui
ul
s.n
pi S 09- 5cts E PIN(..)
ATLANTIC AVENUE (120' R/W)
PHYSICAL SURVE-Y
LOT 4 BLOCK 14
putt i. riiw UBERMEER
CUT. b. M. B. 7 p 15 0
lip LYNNHAVEN BOROUGH
,b iv VIRGINIA BEACH,VA-
SCALE f'- 30' 3 MAY 1979
MADE FOR
RICHARD A. , MARGARET W. BRUGH
GALLUP SURVEYING, LTD.
325 FIRST COLONIAL ROAD
VIRGINIA BEACH. VIRGINIA
I:! ?'3 23451 0 a
- 29 -
ltem 11-J.4
CONSNET AGENDA ITEM # 23832
C. Oral Lambert, Jr., Director of Public Works, in conjuiiction with Larry
Hosmer, Consulting Engineer with Black and Veatch, respoiided to Councilman
Jennings' iiiquiries regarding the Ordinance approving the LANDFILL GAS
LEASE AGREEMENT dated June 24, 1984.
There is a compensatioii clause contaiiied within the AGREEMENT which takes
effect at the eighteeiith month. During that time any facility not operational
will be subject to a $10,000 per month fee.
The Base Period of the lease is seveiiteeti years after which there is a provisio
for a renegotiated fee tied to the consumer price index. The Contractor does
have the option of surrendiiig the lease and has three months to remove his facility
from the property of the City.
The BTU's are measured by a "flow meter".
There is iio requiremeiit for the lessee to provide enviroiimental impact liability
iiisuraiice, but are required to comply with the required State, Federal and
Local regulatiolis.
in the event the leesee becomes a Public Utility, it has the "right of release"
of all obligatioiis and the lease is terminated.
Upon motion by Councilman Jennings, secoiided by Councilman Fentress, City Council
ADOPTED an Ordiiiance approviiig the LANDFILL GAS LEASE AGREEMENT dated Juiie 24, 1984
and authoriziiig and directing the City Matiager to execute same.
Voting: 11-0
Couiicil Members Voting Aye:
JohLi A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniligs, Jr., Louis R.
Jones, Robert G. Jaiies, Vice Mayor Reba S. McClanan, J. Heiiry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Couiicil Members Votiiig Nay:
None
Couuncil M&Mbers Abseiit:
Noiie
Jutie 24, 1985
29a -
AN ORDINANCE APPROVIUG THE LANDFILL
GAS LEASE AGREEMENT DATED JUNE 24,
1984 AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE SANE,
WHEREAS, the Department of Public Works of the
City of Virginia Beach has negotiated and finalized a landfill
gas lease agreement with the American Gas Recovery Corporation;
and
WHEREAS, the City Council has been briefed and has
reviewed the attached agreement; and
WHEREAS, the City Council is of the opinion that
the agreement is in the best interest of the City of Virginia
Beach.
THEREFORE, BE IT ORDAINED BY THE COUNCIL-OF-.THE
CITY OF VIRGINIA BEACH:
THAT the attached lease agreement dated June
24, 1984, (Exhibit "A") is hereby approved.
The City Manager is authorized and directed to
execute the attached le4se agreement.
ADOPTED: Jutie 24, 1985
JDB: er
6-19-85
LANDFILL GAS LEASE AGREEMENT
This lease, made and entered into the day of
19 by the CITY OF VIRGINIA BEACH, VIRGINIA, MUNICIPAL CENTER, VIRGINIA
23456-9002. h r AM AN
BiACH, VIRGINIA ereinafter called he Lessor, and ERIC
CAS RECOVERY CORPORATION, 1000 MAPLEWOOD DRIVE, KAPLE SNADE, NEW JERSEY
08092, hereinafter called the Lessee.
WITNESSETH:
ARTICLE I
Lease Interest
to Lessee, itS suc-
i.t Lessor hereby grants and leases exclusively
cessors and assigns, all rights Eo the landfill gas and constituent pro-
which are produced and recovered from the exiseing landfilled area
ducts . such landfill
indicated on the landfill expansion plans for this purpose
plans are entitied "Landfill No. 2 Expansion", dated 1982, and are on file
in the Public Works Department of the City of Virginia Beach.
1.2 In the solid waste disposal area so designated, active gas recov-
ery can be initiated immediately; capping of the designated solid wasee
will be completed by the Lessor within 18 months of the Notice to Proceed
herein specified. The waste from which landfill gas wil-I be extracted is
currently in place.
1.3 "Landfill gas" shall mean methane, carbon dioxide and other gases
produced by the decomposition of solid waste within the landfill and shall
include any form of energy produced or derived from landfill gas, including
generation of electricity.
1.4 "Constituent products" shall mean any and all components or
products, other than landfill gas, recovered in association with landfill
gas and shall include any form of energy produced or derived from con-
stituent products, including generation of electricity.
ARTICLE II
Exploration, Testing, and valuation Pro ram
2.1 Lesor hereby grants to Lessee the righe to explore, test, and
evaluate the designated area of the landfill in order to determine whether
landfill gas and constituent products can be economically recovered from
the landfill in commercial quantities. Lessee at its sole expense and
LA-1
I
without liability to Lessor, will commence exploration, testing, and evalu-
ation of the landfill for landfill gas and constituent products within
10 days from the date of the Notice to Proceed issued by the Lessor, and
will complete such exploration, testing, and evaluation within four (4)
months from the date of the Notice to Proceed.
2.2 In the event Lessee's exploration, testing, and evaluation pro-
gram establishes in its sole judgment that the landfill is not suitable for
the economic recovery and processing of landfill gas and constituent pro-
ducts in commercial quantities, all rights under this Lease will revert Eo
Lessor and this Lease shall terminate upon receipt of written notice from
Lessee to Lessor of the results of the exploration. testing, and evaluation
program, without further liability on the part of either party EO the other
hereunder.
2.3 Should Lessee determine in its sole judgment that the results of
the exploration, tescing, and evaluation program indicate that the landfill
is suitable for the ecnomic recovery and processing of landfill gas and
constituent products in coaunercial quantities, Lessee will issue wriEEen
notice to Lessor of its determination.
2.4 Lessee's determination that the landfill is or is not suitable as
referred to in Paragraphs 2.2 and 2.3 of this Lease, shall be made and
writEen notice of the detemination will be issued by Lessee to Lessor
within five (5) months from the date of the Notice to Proceed. A copy of
the exploration, testing, and evalaution report will be issued to the
Lessor with the written notice.
ARTICLE III
Commencement of Operations
3.1 Upon issuing Lessor notice under Paragraphs 2.3 and 2.4 above,
Lessee will, at its sole expense, commence the engineering, design, obtain-
ment of required governmental permits and authorizations, procurement of
equipment, and construction of the necessary facilities for collecting,
treating and processing the landfill gas. Prior to commencement of con-
SEruction of any pipes or any other gas recovery facilities on the land-
fill, Lessee shall submie to Lessor, for review and approval or disapprov-
al, the proposed plans for said pipes and facilities. Lessor shall submit
in writing to Lessee within 30 days of the receipt of said plans, a letter,
approving or disapproving said plans. In the event Lessor disapproves said
plans, it shall include in its letter an explanation, Eogether WiEh
suggested revisions, and, thereafter, the parties shall meet to resolve any
issues unresolved. Final approval of such plans shall be at the reasonable
discretion of Lessor. After completion of the construction and necessary
break-in of the facilities, Lessee Will Ehereupon commence the collection,
processing a@d sale of the landfill gas and constituent products obtained
from the landfill, subject to the provisions of this Lease.
IA-2
3.2 If lissee has not completed the construction of the necessary
facilities for collecting, treating, and processing the landfill gas and
constituent products produced by the landfill within a period of 18 months
from the date of the written Notice to Procded, or at a later date mutually
agreed upon between the Lessor and the Lessee in the case of Force Majeure,
the Lease shall be subject to termination, without liability on the part of
either party to the other. Termination shali be effective thirty (30) days
after receipt of written notice issued by Lessor to Lessee. However, if,
on or before the end of such thirty (30) day notice period, Lessee shall
have completed construction of said facilities, then this Lease shall not
terminate under the provisions of this Paragraph.
3.3 Subject to the provisions of this Lease, Lessee shall develop the
landfill gas and constituent products produced by the landfill as a reason-
ably prudent operator, bUE in discharging this obligation, Lessee shall be
responsible in its sole discretion for detennining all details of the
collection, treatment, processing and marketing of the landfill gas and
constituent products. Lessee shall conduct its testing program, construc-
tion activities, and operations upon the leased premises designated on the
landfill plans in such a manner as to not interfere with any public use
which Lessor might determine to make of the landfill. It is expressly
agreed that Lessor may, notwithstanding the existence of Ehis Lease, make
any use of the surface of the landfill which is appropriate and not incom-
patible with the operations of Lessee under this Lease. This Lease shall
nOE be construed to convey the exclusive use of the surface of the landfill
to Lessee. Lessee shall, however, take such action as is necessary to
provide for the adequate security Of iES landfill gas processing plant
(described in Paragraph 7.1 hereof) and to provide for the safety of the
general public in and about such processing plant.
3.4 Lessee shall, in connection with its operations on the landfill
hereunder, have the right, without cost to Lessee nor charge to Lessor, to
return to the landfill, subject to Lessor's operating permits, any and all
matter either solid or liquid (including condensate) removed, as a result
of processing, from the landfill gas and constituent products recovered
from the landfill. If the solid or liquid matter is not acceptable in
accordance with the Lessor's operating permits, the Lessee is responsible
for all costs to properly dispose of the solid and liquid matter in some
other manner.
3.5 Lessee shall provide Lessor with a copy of the plans prior to the
sale of any landfill gas or constituent products, updated as necessary,
correctly depicting the location of all portions of the underground collec-
tion system.
3.6 Lessee shall continuously monitor the quality of the landfill gas
and constituent products, such as the colorific value of the gas and con-
stituent products, and continuously record the parameters measured.
LA-3
ARTICLE IV
Te rm
4.1 This Lease shall become effective on the date hereof and shall,
subject to the provisions hereof, continue for a tem of 22 years, or for a
lesser period of time mutually agreed upon between the Lessor and the
Lessee if the quantity and/or quality of the gas is deemed insufficient to
warrant recovery. This Lease may be renewed annually thereafter upon
Lessor's receipt of written notice of request for renewal from Lessee. The
right of first negotiation will be granted to Lessee; however, Lessor will
maintain the right to negotiate an agreemene with another contractor if
Lessor and Lessee do not execute a Lease renewal. To be effective, such
notice must be received by Lessor no earlier than 90 days and no later than
60 days prior to the termination of the current lease term and shall con-
tain Lessee's best estimate of the value of royalties which will be paid to
Lessor during the renewal term. However, if Lessor inakes a reasonable
determination that renewal of this Lease is not in Lessor's best incerests,
this Lease shall not be renewed. Such detemination shall be made con-
sidering t:he following factors: the value of royalties whicii have been
received by Lessor during the entire tenn of the Lease, particularly during
the two (2) year period iminediately preceeding receipt of Lessee's notice
of renewal; the estimate of the value of royaleies to be received by Lessor
during the renewal term; the value of the property described on the land-
fill plans and Ehe value of any other property used by or made available to
Lessee by Lessor; and the highest and best use, in terms of the public
benefit, which could be made, if this Lease is not renewed, of the property
described on the landfill plans and the highest and best use in terms of
the public benefit which could be made of any other properry used by or
made available to Lessee by Lessor. Such determination shall be made by
the governing body of Lessor and written notice of either the renewal or
the non-renewal of this Lease will be made within 60 days after receipe of
the request for renewal.
ARTICLE V
Surrender
5.1 Lessee may, at its sole discrelion, at any time or Eimes, surren-
der and terminate this Lease, without liability hereunder, as to all or any
part or parts of the landfill, if a suitable purchaser of landfill gas
cannot be obtained or if landfill gas and constituent products in commer-
cial quantities are not being or cannot be recovered therefrom and rhereby
be relieved of all obligations as to the released landfill or part thereof
(except as provided in Article VIII) upon receipt by Lessor of a release
thereof. Upon any surrender of a part of the landfill, Lessee shall retain
so long as the Lease remains in effect, such rights of way and easements
over, upon and across the surrendered portion as shall be necessary or
convenient for Lessee's operations hereunder on the portion of the landfill
retained by Lessee.
LA-4
Lila LLI L4 Lil LILC L @k;ll LLU llegULLd4.C 411 4rL7@.IlietIL LLLI ALIUL,L.L @UiLLLdCLUL @L
Lessor and Lessee do not execute a Lease renewal. To be effective, such
notice must be received by Lessor no earliet than 90 days and no later than
60 days prior to the termination of the current lease term and shall con-
tain Less6e's best estimate of the value of royalties which will be paid to
Lessor during the renewal term. However, if Lessor makes areasonable
determination that renewal of this Lease is not in Lessor's best interests,
this Lease shall not be renewed. Such determination shall be made con-
sidering che following factors: the value of royalties which have been
received by Lessor during the entire term of the Lease, particularly during
the two (2) year period immediately preceeding receipt of Lessee's notice
of renewal; Ehe estimate of the value of royalties to be received by Lessor
during the renewal term; the value of the property described on the land-
fill plans and.the value of any other property used by or made available to
Lessee by Lessor; and the highest and best use, in terms of the public
benefit, which could be made, if this Lease is not renewed, of the property
described on the landfill plans and the bighest and best use in terms of
the public benefit which could be made of any other properey used by or
made available to Lessee by Lessor. Such determination shall be made by
the governing body of Lessor and written notice of either tlie renewal or
the non-renewal of this Lease will be made within 60 days after receipt of
the request for renewal.
ARTICLE V
Surrender
5.1 Lessee may, at its sole discretion, at any time or times, surren-
der and terminate this Lease, without liability hereunder, as to all or any
part or parts of the landfill, if a suitable purchaser of landfill gas
cannot be obtained or if landfill gas and constituent products in commer-
cial quantities are not being or cannot be recovered therefrom and rhereby
be relieved of all obligations as to the released landfill or part thereof
(except as provided in Article VIII) upon receipt by Lessor of a release
thereof. Upon any surrender of a part of the landfill, Lessee shall retain
so long as the Lease remains in effect, such rights of way and easements
over, upon and across the surrendered portion as shall be necessary or
convenient for Lessee's operations hereunder on Ehe porlion of the landfill
retained by Lessee.
LA-4
5.2 After commencing the collection, processing and sale of landfill
gas and constituent products and after receiving a written request from the
Lessor, Lessee shall surrender and release any non-landfill gas and con-
stituent product producing portion of the landfill property described on
the landfill plans which is, in Lessee's sole judgmene, not reasonably
necessary for Lessee's operations under this Lease.
ARTICLE Vi
Compensation
6.1 All work performed by the Lessee, its contractors or agents will
be accomplished at no cost to the City and the Lessee will compensate the
City as described in the following paragraphs.
6.2 Lessee hereby agrees to pay Lessor a royalty in the amount of
0.00035 dollars per 500 BTU of influent gas available at the facility for
processing for the initial 17 years of the Lease term. Thereafter, the
royalty shall increase on the anniversary date of the execution of this
Lease, and annually thereafter, based upon the annual percentage increase
in the Consumer Price Index for all urban wage earnings and clerical work-
ers (revised CPI-W), published by the Bureau of Labor Statistics of the
U.S. Department of Labor, over the prior one year period. The royalEY
shall be paid by Lessor on or before the fourth day of each month based on
the previous mdnth's metered flow volume. For purposes of this Lease, the
Term "Flow Volume" shall mean all gas extracted from the landfill by Lessee
and available for processing at the facility.
6.3 Lessee hereby agrees to pay Lessor a fee in the amount of $10,000
per month for every mdnth, or prorated share on a daily basis, that Ehe
facility is not operational; this fee shall be due during all "not opera-
rional" months or portions thereof commencing 18 months after the issuance
of a Notice to Proceed. For purposes of this Lease, the term "Not Opera-
tional" shall mean not able to collect, treat and process landfill gas due
to incomplete construction and/or faulty performance, or for any reason
other than the lack of landfill gas available for processing.
6.4 Subject to other provisions of this Lease, Lessee agrees to
utilize its best efforts to develop the landfill gas produced by the land-
fill in order for Lessor to receive the royalties provided in this Lease as
early as possible.
6.5 Lessee shali make, keep and maintain such records as a reasonably
prudent business would in the collection, treatment, processing and market-
ing of landfill gas and constituent products. Lessor shall have Ehe right
for the purpose of verifying the accuracy of the monthly royalty payments
to Lessor, to inspect the records of Lessee relating to the volume of
landfill gas extracted and either processed or disposed. Such inspections
shall be conducted during nor--l business hours ac the Lessee's place of
business. Upon written notice, Lessee shall deliver to Lessor within
thirty (30) days, certified copies of any records relating to the monthly
royalty payinents paid to Lessor. Lessee shall provide Lessor, at no cost
to Lessor, an audited annual report documenting the gas quality and quanti-
ty.
LA-5
ARTICLE VII
Property Rights
7.1 Lessee shall be authorized and is hereby granted the use of that
portion of the landfill and the area designated on the landfill plans, to
the extent reasonably necessary for the facilities construceion and opera-
tion by lessee of a landfill gas processing plant and related facilities,
including the construction and maintenance of all necessary wells, pipe-
lines and utility lines together with attendant rights-of-way and ease-
ments, and the free right of ingress and egress at all times to and from
said property, facilities wells, pipelines and utility lines. The location
of such processing plant and related facilities in the designated area
ohall be at 'a location mutually acceptable to the Lessee and Lessor.
7.2 Lessor hereby grants such rights-of-way and easements as may be
necessary for the purchaser of the landfill gas and constituent products to
accept delivery thereof aE Lessee's landfill gas processing plant.
7.3 Upon.request by Lessee, Lessor shall reasonably cooperate with
Lessee in any proceedings, hearings or other procedures necessitated by any
required environmental impact reports, governmental permits, authorizations
and similar type requiremenES. related to Lessee's activities hereunder and
the construction and operation of Lessee's wells, collection system and gas
processing facilities. Upon request, Lessee shall reasonably cooperate
with Lessor in briefing the officials of any governmental agency or body,
or any other interested party, with respect to the status of the Project.
7.4 All landfill gas collection wells and pipelines shall be placed
underground in the landfill so as not to interfere with Lessor's use of the
landfill, unless Lessor otherwise consents.
7.5 This Lease shall not be deemed to grant to Lessee any rights to,
or interest in any mineral, oil, natural gas, or other substance located
under the landfill which is not produced by the landfill.
7.6 Lessor agrees to execute a waiver of landlords lien with respect
to any equipment leased or financed by the Lessee and brought upon the
subject property.
ARTICLE VIII
Removal of Facilities
8.1 Lessee shall remove all above-ground property, fixtures and
improvements (collectively referred to as "property") which Lessee lias
placed adjacent to the landfill within three (3) months after the expira-
tion, termination or surrender of this Lease. So long as Lessee's obliga-
tion continues in existence to remove the property, and to reSEore the
surface, Lessee shall have the right of ingress and egress to the landfill
and access to any portion of the landfill so that such obligation may be
discharged as quickly as possible.
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8.2 If the removal is not completed within three (3) months after tile
expiration, termination or surrender of this Lease, Lessor may issue to
Lessee written notice of Lessor's intent to remove all or a designated
portion of the property which Lessee has placed on or adjacent to the
landfill. Lessee shall have thirty (30) days after receipt of such notice
to complete removal of the property. If Lessee fails to complete reinoval
of the property within thirty (30) days from receipt of such notice, Lessor
may, upon final notice to Lessee, do any or all of the following: 1) remove
all of such property, fixtures and ituprovements or reinove only the desig-
nated portion of such property, fixtures and improvements and rely on
Lessee's continuing obligation to remove the remainder; 2) dispose of such
property, fixtures and improvements at its sole discretion without liabil-
ity to Lessee; and 3) require payment from Lessee for the actual costs
incurred by Lessor in removing and disposing of said property, fixtures and
improvements less any payments for salvage value received from the disposal
of such property, fixtures and improvements.
8.3 Notwithstanding Paragraph 8.2, if the removal is not completed
within three (3) months after the expiration, termination or surrender of
this Lease, Lessor may issue to Lessee written notice of Lessor's intent to
assume full ownership and control of any property, fixtures or improvements
which remain on land owned or controlled by Lessor. Lessee shall have
thirty (30) days after receipt of such notice to complete removal of the
property fixtures or improvements. Therefore, upon final written notice to
lessee, ownership and control of such property, fixtures and improvements
shall revert to Lessor, and Lessee's obligarion and right to remove, and
all ownership rights to such property, fixtures and improvements shall be
forever extinguished.
8.4 Lessee shall, upon expiration, termination or surrender of this
Lease, restore tO Ehe extent reasonably feasible, the surface of the land-
fill and any adjacent or contiguous area affected by its operations tO Ehe
area condition at the co,@ncement of the Lease to the reasonable satis-
faction of Lessor.
8.5 Upon the expiration, termination or surrender of Ehis Lease,
Lessee's underground well and collection system in the landfill, except for
the valve control system, shall become the properEY of Lessor, and Lessee
shall have no further responsibility for, or ownership of said underground
well and collection system.
ARTICLE IX
Compliance with Laws
9.1 Lessee shall, at its sole expense, obtain, maintain and comply
wiEh all necessary governmental authorizations, permit and licenses requir-
ed to conduct its operations under this Lease.
9.2 Lessee shall comply aE its sole expense with all applicable
federal, state and local laws, rules, regulations and orders in. its oper-
ations under this Lease.
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which remain an land owned or controlled by Lessor. Lessee shall have
thirty (30) days after receipt of such notice to complete removal of the
property fixtures or improvements. Therefore, upon final written notice EO
lessee, ownership and control of such property, fixtures and improvements
shall revert to Lessor, and Lessee's obligation and righe to remove, and
all ownership rights to such properey, fixtures and improvements shall be
forever extinguished.
8.4 Lessee shall, upon expiration, termination or surrender of this
Lease, restore to the extent reasonably feasible, the surface of the land-
fill and any adjacent or contiguous area affected by its operations to the
area condition at the commencement of the Lease to the reasonable satis-
faction of Lessor.
8.5 Upon the expiration, termination or surrender of this Lease,
Lessee's underground well and collection system in the landfill, except for
the valve control system, shall become the property of Lessor, and Lessee
shall have no further responsibility for, or ownership of said underground
well and collection system.
ARTICLE IX
Compliance with Laws
9.1 Lessee shall, at its sole expense, obtain, maintain and compl:y
with all necessary governmental authorizations, permit and licenses requir-
ed to conduct its operations under this Lease.
9.2 Lessee shall c6mply at its sole expense with all applicable
federal, state and local laws, rules, regulations and orders in its oper-
ations under this Lease.
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ARTICLE X
Force Majeure
10.1 The term "Force Majeure" as used herein shall mean any event
beyond Lessee's reasonable control including, but not limited to an act of
God, storm, lightning, flood, earthquake, explosion, war, public disorder;
and the following events or conditions if their occurrence was reasonably
beyond the control and wirhout the fault of Lessee: accident, fire, casu-
alty, labor disturbances; unavailability or delays in delivery of any
product, labor, fuel, service or materials; failure or breakdown of Les-
see's equipment; rules, regulations, orders, laws, proclamations, or gov-
ernmental action; or any other similar type event or condieion beyond the
control of Lessee.
10.2 If Lessee's operations are at any time prevented or affeCEed by
Force Majeure rhe performance of its operations to the exeent so prevented
or affected shall be excused without liability hereunder, and this Lease
shall continue in effect until Lessee is perraitted to resume its opera-
tions, and for the balance of the specified term.
ARTICLE XI
Warranty to Title
11.1 Lessor hereby warrants and agrees to defend the title to the
landfill and to the landfill gas and constituent products produced by the
landfill.
ARTICLE XII
Termination
12.1 Subject to the provisions of Article X, Lessor shall have the
right, upon final written notice, to terminate this Lease in its entirety
and all rights ensuing therefrom if, upon the occurrence of any of the
following conditions, Lessee fails to cure such condition within sixty (60)
days after having received an initial written notice of such condition from
the Lessor:
(a) The occurrence of any act which operates to deprive Lessee of the
rights, powers, licenses, permits and authorizations necessary
for the proper conduct and operation of Lessee's activities
authorized herein.
(b) The abandonment or permanent discontinuance by Lessee of Lessee's
operations undee this Lease.
(c) The failure of the Lessee to perform, keep or observe any of the
terms, covenants and conditions of this Lease.
LA-8
(d) The entering of any final judgment, order or wric against Lessor
or Lessee enjoining the continuation of this Lease or declaring
it to be unlawful.
(e) The filing by or against Lessee of a petition in bankruptcy or an
assigninent by Lessee for the benefit of creditors, or the com-
plete cessation of the business operations of Lessee for whatever
reason.
12.2 No action, taken by Lessor after the effective date of Ehe ter-
minati6n of this Lease under Paragaph 12.1 in accepting one or more royalty
payments or undertaking any other activity which would have been authorized
by this Lease but for its terminacion, shall be construed as notice that
this Lease is not teminated or as a waiver of the terniination. Termin-
ation of this Lease under Paragraph 12.1 shall cause all rights, powers and
priviieges of Lessee to cease (except as provided in Article VIII), and
Lessee shall 'have no claim of any kind whatsoever against Lessor or its
agents. employees, or representatives by reason of such termination or by
reason of any act incidental thereto. However, Lessee shall remain under
an obligation to make royalty payments to Lessor as provided in paragraph
6.2 for any extraction of landfill gas and constituent products even if
processed after the termination of this lease.
ARTICLE XIII
Indemnification
13.1 Lessee agrees to defend, indemnify and hold Lessor harmless from
and against any and all claims, penalties, proceedings, demands, actions,
liability or losses of whatever nature (including reasonable aetorney's
fees) for injury or death to person(s) or for damage or loss to property
arising out of or caused by Lessee's operations or activities hereunder,
unless and to the extent such injury, death, damage or loss is caused by
the wrongful or negligent acts of Lessor.
13.2 I:essor agrees to defend, indemnify and hold Lessee harmless from
and against any and all claims, penalties, proceedings, demands, actions,
liability or losses of whatever nature (including reasonable attorney's
fees) for injury or death to person(s) or for damage or loss to properey
arising out of or caused by Lessor's activities in conjunction with opera-
tion and/or future development of the sanitary landfill, unless and to The
extent such injury, death, damage or loss is caused by the wrongful or
negligent acts of Lessee.
13.3 In the event. that either party brings an action to enforce the
terms of this Lease or to declare its rights hereunder, the prevailing
party in such action, or trial or appeal, shall be entitled EO its reason-
able attorney's fees to be paid by the other party as fixed by the court.
IA-9
ARTICLE XIV
Insurance
14.1 Lessee shall, during the term of this Lease, maintain insurance
coverages as follows:
(1) Workmen's compensation insurance: Coverage A - meeting the
statutory requirements of the Commonwealth of Virginia. Coverage
B - employers liability - $100,000.
(2) Comprehensive general liability insurance covering bodily injury
and property damage for limits of not less than $1,000,000 com-
bined single limits. This insurance shall include coverage for
products/completed operations, contractual liability and expl6-
sion, collapse and underground (X, C & U) dainages, and shall name
the Lessor as an additional insured.
(3) Automobile liability insurance for limits of not less than
$500,000 combined sin-.1e limits.
14.2 The insurance coverages provided under subparagraph (2) above
shall insure Lessee and Lessor against all claims for bodily injury, death,
damage to or destruction of property which may arise out of or in connec-
tion with Lessee's operations hereunder. These insurance policies shall
provide for thirty (30) days' written notice to Lessor of cancellation or
any material change in coverage. and shall be subject tO fUEure review and
adjustment at the request of the City. A certificate of these insurance
coverdges shall be delivered to Lessor prior to the start of any work.
ARTICLE XV
Lessee's Interests
15.1 Lessee is not a public utility and does not intend to dedicate to
public use the landfill gas and constituent products produced by tlle land-
fill or any of its facilities. Nothing contained in this Lease shall be
deemed a dedication by Lessee to the public or any part thereof of any
landfill gas and constituent products sold hereunder or of any of its
facilities. If any regulatory body shall at any time assert jurisdiction
over Lessee as a public utility by reason of this Lease, Lessee shall have
ttie right at such time, upon thirty (30) days' written notice to Lessor, to
be relieved of all obligations hereunder (except as provided in Article VI,
paragraph 6.2 and Article VIII hereof), and this Lease shall thereupon
terminate.
LA-10
ARTICLE XVI
Assignment
16.1 Lessee may not without the prior written consent of Lessor,
assign this Lease, or any interest hereunder, or sublet the premises or its
property or facilities or any part thereof which is subject to tllis Lease.
Consent to one or more assignments or subleases shall not destroy or waive
this provision. Subtenants and assignees of Lessee shall become liable
directly to Lessor for all obligations of Lessee under this Lease witliout
relieving Lessee's liability ' This paragraph shall not be interpreted to
apply to any assignment to a parent corporation, subsidiary corporation,
affiliate of Lessee or joint venture, provided such parent corporation,
subsidiary, affiliate, or joint venture, controls or is controlled by
Lessee, or any bona fide plan by the Lessee involving any assignment of an
interest hereunder to secure adequate debt financing to finance its opera-
tions or facilities under this Lease. For purposes of this paragraph,
"bona fide plan" shall mean an agreeinent between Lessee and one or more
other parties, the purpose of such agreement being to provide sufficient
financial resources to allow Lessee to conduCE its operations and to con-
struct the necessary facilities under this Lease in a reasonable and pru-
dent fashion.
16.2 Except as provided in paragraph 16.1 above, the provisions of
this Lease shall inure to the benefit of aiid be binding upon the parties
hereto and their respective heirs, executors, successors, assigns and
delegatees.
16.3 No change or division in the ownership of the landfill or assign-
ment of the royalties shall operate to enlarge the obligations or diminish
the rights of Lessee; and no change or division of such rights shall be
binding upon Lessee until thirty (30) days after Lessee has been furnished
with the original or a certified copy of the recorded instrument evidencing
the same.
ARTICLE XVII
Notices
17.1 Any notice to be issued under this Lease shall be in writing and
shall be deemed to have been properly issued and received when delivered in
person to the authorized representative of the party to whom the notice is
addressed, or on the date received as indicated on the return receipt when
sent by prepaid certified or registered mail, return receiPE requeSEed, to
the party to be notified ac its address as follows;
LA-11
LESSOR:
LESSEE:
Either party must provide written notice to the OEher party of any
change of address at which it is to receive notice.
ARTICLE XVIII
Designated Representative
18.1 Foi purposes of this Lease, shall be the
Lessor's Designated Representative.
18.2 The Lessor's Designated Representative shall be authorized to
interpret and enforce the provisions of this Lease and to make all neces-
sary arrangements with Lessee with respect to matters relating to the
operations and activities of Lessor and Lessee hereunder.
18.3 Lessor may change its Designated Representative by written notice
of such change to the Lessee.
ARTICLE XIX
Taxes
19.1 Lessee shall, during the term of this Lease, pay all taxes that
may be levied upon or assessed against the facilities, equipinent and
improvements constructed or installed by Lessee in, on, or adjacent to the
landfill under this Lease, or which may be levied by reason of the sale,
transportation or existence of processed or unprocessed landfill gas or
constituent products, or the operation of its business.
LA-12
ARTICLE XX
General
20.1 The proposal as executed on September 24, 1984, is hereby part of
this Lease Agreement.
20.2 This Lease is intended by the parties to constitute a complete
and exclusive expression of their agreement with respect to Ehe subject
matter hereof.
20.3 This Lease shall not be changed or modified excepr. by a sub-
sequent agreement in writing signed by all parties.
20.4 The waiver by either party of any failure on the part of the
other party to perfonn in accordance with any of the terms or conditions of
this Lease shall not be construed as a waiver of any future or coneinuing
failure, whether similar or dissimilar thereto.
20.5 It is expressly agreed that the Lessor makes no representations
to the Lessee concerning the surface or subsurface condition, content or
composition of the landfill, landfill gas, and constituent products, or of
any adjacent or contiguous property.
20.6 The Lessee shall not store landfill gas and constituent products
upon the Leaged premises or any adjacent or contiguous property unless
authorized in writing by Lessor's DesignaEed Representative.
20.7 No remedy or election hereunder shall be deemed exclusive but
shall, wherever possible, be cumulative with all other remedies at law or
in equity.
20.8 If Lessee is a corporation, each individual executing this Lease
on behalf of said corporation represents and warrants that they are duly
authorized to execute and deliver this Lease on behalf of said corporation,
and that this Lease is binding upon said corporation.
20.9 Nothing in this Lease shall be construed as creating a joint
enterprise between the parties hereto nor being for the benefit of third
parties for any purpose including, without limitation, establishment of any
type of duty, standard of care or liability with respect to third parties.
20.10 It is not the intention of the parties in entering into this
Lease to create, nor shall this Lease be construed as creating, any part-
nership, joint venture or agency relationship between Lessor and Lessee.
20.11 This Lease shall be deemed to be executed and to be performed in
the Commonwealth of Virginia, and its provisions shall be construed pur-
suant to the laws of Virginia. All parties hereby give their consene to be
sued with respect to any cause of action arising hereunder in any court of
proper jurisdiction and venue which is locaeed in Virginia.
LA-13
IN WITNESS WHEREOF, the parties hereto have duly exeCUEed this Lease
as of the day and year first above written.
LESSOR
Witness: By:
Name:
Title:
LESSEE American Gas Pecovery Cori@oration
Witne@- BY: Z/;@,
Name: DaviA Ph,lich
Title: Treasurer
APPROVED AS -10 COrifL-idl-
DEPARTMENT
APPROVED AS TO FORM
SI"ATURE
C@ ATTCRNEY
LA-14
- 30 -
Itern 11-J.5
CONSENT AGENDA ITEM # 23833
Upon motion by Councilwomaii Creech, secoiided by Couiicilman McCoy, City
Council ADOPTED the followiiig Ordiiiances:
ORDINANCE TO AMEND AND REORDAIN SECTION 22-31 OF THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO DISPLAY OF OBSCENE MATERIALS:
AND
ORDINANCE TO AMEND AND REORDAIN SECTION 21-371 OF THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO PARKING SPACE FOR THE HANDICAPPED;
AND
ORDINANCE TO AMEND AND REORDAIN SECTION 38-7 OF THE CODE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINLNG TO
SALE OF HAND WF.APONS;
AND
ORDINANCE TO AMEND AND REORDAIN SECTION 21-338 OF THE CODE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 2ERTAINING TO
CHEMICAL TEXT FOR ALCOHOL CONTENT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
June 24, 1985
Council Members Absent:
None
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-31 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO DISPLAY OF OBSCENE MATERIALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 22-31 of the Code of the City of Virginia
Beach, Virginia, are hereby amended and reordained as follows:
Section 22-31. Display of obscene materials at business
establishments open to juveniles.
it shall be unlawful for any person to knowinqly exhibitt
eNpese-or display
or for commercial purposes in a manner estabiishment-frequented-by
juveniles-or whereby juveniles may examine or peruse: are-or-may
(1) Any picture, photograph, drawinq, sculpture, motion
picture film or similar visual representation or image of a person
or portion of the human body which depicts nudity, sexual conduct
or sadomasochistic abuse and which is harmful to juveniles, or
(2) Any book, pamphlet, magazine or printed matter,
however reproduced, or sound recording which contains any matter
enumerated in paragraph (1) above, or explicit and detailed verbal
descriptions or narrative accounts of sexual excitement, sexual
conduct or sadomasochistic abuse and which, taken as a whole, is
harmful to juveniles.
This Ordinance shall become effective July 1, 1985.
Adopted this 24th day of June 1985, by the
Council of the City of Virginia Beach, Virginia.
RMB/da
10/29/84
10/30/84
6/17/85
(MISC)
APPROVED AS TO COfl.;TE! IT
SIGNATURE
DEPARTMENT
AST OP@A/-
C,/,,
CITY @4,Y
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-371 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO PARKING SPACE FOR THE
HANDICAPPED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-371 of the Code of the City of Virqinia
Beach, Virginia, pertaining to parking space for the handicapped,
is hereby amended to read as follows:
Section 21-371. Parking in space reserved for handicapped
persons.
(a) It shall be unlawful for a nonhandicapped operator
of a motor vehicle to park in a parking space reserved for the
handicapped on public property or at privately owned parking
areas, unless such operator is using the motor vehicle to
transport a handicapped person who has obtained a special vehicle
parking permit from the division. Such special vehicle parking
permit must be displayed in the front windshield of the motor
vehicle when such vehicle is parked in a parkinq space reserved
for the handicapped. Spaces reserved for the handicapped shall
be identified by above-grade siqns.
(b) Any operator of a motor vehicle parked in
violation of this section in a parking space reserved for the
handicapped on public property or at a privately owned parking
area shall be guilty of a Class 4 misdemeanor and may be issued a
summons by a police officer, without the necessity of a warrant
being obtained by the owner of the such private parking area.
This Ordinance shall become effective July 1, 1985.
Adopted this 24th day of June 1985, by the Council of
the City of Virginia Beach, Virqinia.
RMB/da
(B)
6/17/85
APPROVED AS TO CONTENT
SIGNATURE
DEPARTI@.,INT
6
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 38-7 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SALE OF HAND WEAPONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 38-7 of the Code of the City of Virginia
Beach, Virginia, pertaining to sale of hand weapons, is hereby
amended to read as follows:
Section 38-7. Sale, delivery, etc., of blackjacks, metal knucks,
switchblade knives and similar weapons.
If any person shall sells or barters or exhibits for
sale or for barter, or gives or furnishes or causes to be sold,
bartered, given or furnished, or have has in his possession or
under his control, with the intent of selling, bartering, giving
or furnishing, any blackjack, brass or metal knucks, any disc of-
whatever configuration having at least two points or pointed
blades which is designed to be thrown or propelled and which may
be known as a throwing star or oriental dart, switchblade knife
or like weapons, such person shall be quilty of a Class 4
misdemeanor. The havinq in one's possession of any such weapon
shall be prima facie evidence, except in the case of a
conservator of the peace, of the intent to sell, barter, give or
furnish the same.
This Ordinance shall become effective July 1, 1985.
Adopted this24th day of June 1985, by the Council of
the City of Virqinia Beach, Virginia.
RMB/da
(B)
6/17/85
APPROVED AS TO CONTENT
SIG,NATURE
NT
TOI R
DECLARED NULL AND VOID
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-338 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO CHEMICAL TEST FOR
ALCOHOL CONTENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-338 of the Code of the City of Virginia
Beach, Virqinia, pertaining to chemical test for alcohol content,
is hereby amended to read as follows:
Section 21-338. Chemical test to determine alcoholic content of
blood.
(a) As used in this section, "license" means any
operator's, chauffeur's or learner's permit or license
authorizing the operation of a motor vehicle upon the hiqhways.
The term "division," as used in this section, means the state
division of consolidated laboratory services.
(b) Any person, whether licensed by the state or not,
who operates a motor vehicle upon a public highway in this city
shali be deemed thereby, as a condition of such operation, to
have consented to have a sample of his blood or breath taken for
a chemical test to determine the alcoholic content of his blood,
if such person is arrested for a violation of section 21-336,
within (2) hours of the alleged offense. Any person so arrested
shall be required to have either the blood or breath sample taken
in the discretion of the arresting officer. This provision shall
not serve to prevent such person from having a blood test
performed at his own expense in accordance with the provisions of
subsection (d). If the arresting officer elects a breath test,
then the arresting officer shall advise the accused in writing of
his riqht to have a blood test at his own expense. However, it
shall not be a matter of defense if the blood test is not
available.
(c) If a person, after being arrested for a violation
of section 21-336 and after having been advised by the arresting
officer that a person who operates a motor vehicle lipon a public
highway in this city shall be deemed thereby, as a condition of
such operation, to have consented to have a sample of his blood
or breath taken for a chemical test to determine the alcoholic
content of his blood, and that the unreasonable refusal to do so
constitutes grounds for the revocation of the privilege of
operating a motor vehicle upon the highways of this city, then
refuses to permit the taking of a sample of his blood or breath
for such test, the arresting officer shall take the person
arrested before a committing magistrate - If he again so refuses
after having been further advised by such magistrate of the law
requiring a blood or breath test to be taken and the penalty for
refusal, and so declares again his refusal in writing, upon a
form provided by the division, or refuses or fails to so declare
in writing and such fact is certified as prescribed in subsection
(n) of this section, then no blood or breath sample shall be
taken even though he may thereafter request same.
(d) Only a physician, registered professional nurse,
graduate laboratory technician or a technician or nurse
designated by order of a circuit court acting upon the
recommmedation of a licensed physician, using soap and water to
cleanse the part of the body from which the blood is taken
and using instruments sterilized by the accepted steam sterilizer
or some other sterilizer which will not affect the accuracy of
the test, or usinq chemically clean sterile disposable syringes,
shall withdraw blood for the purpose of detemining the alcoholic
content thereof. No civil liability shall attach to any person
authorized to withdraw blood as provided herein as a result of
the act of withdrawing blood from any person submitting thereto,
provided the blood was withdrawn according to recognized medical
procedures.t-and-prev,iEled-fuL-titeP7-t@at The foregoing shall not
relieve any such person from liability for neqligence in the
withdrawing of any blood sample.
(e) Portions of the blood sample so withdrawn shall be
placed in each of two (2) vials provided by the division, which
vials shall be sealed and labeled by the person taking the sample
or at his direction, showing on each the name of the accused, the
-2-
name of the person taking the blood sample and the date and time
the blood sample was taken. The vials shall be placed in two (2)
containers provided by the division, which containers shall be
sealed so as not to allow tampering with the contents. The
arresting or accompanying officer shall take possession of the
two (2) containers holding the vials as soon as the vials are
placed in such containers and sealed, and shall transport or mail
one of the vials forthwith to the division. The officer taking
possession of the other container (hereinafter referred to as
second container) shall, immediately after taking possession of
the second container, give to the accused a form provided by the
division which shall set forth the procedure to obtain an
independent analysis of the blood in the second container, and a
list of those laboratories, approved by the division, and their
addresses.-F-apLa"ved-15y-tlte-divi-ei-env Such form shall contain a
space for the accused or his counsel to direct the officer
possessing such second container to forward that container to
such approved laboratory for analysis, if desired. The officer
having the second container, after delivery of the form referred
to in the preceding sentence (unless at that time directed by the
accused in writing on such form to forward the second container
to an approved laboratory of the accused's choice, in which event
the officer shall do so), shall deliver the second container to
the chief of police or his duly authorized representative. The
chief of police or his representative upon receiving same shall
keep it in his possession for a period of seventy-two (72) hours,
during which time the accused or his counsel may, in writing, on
the form provided for hereinabove, direct the chief of police to
mail such second container to the laboratory of the accused's
choice chosen from the approved list.
(f) The testing of the contents of the second
container shall be made in the same manner as hereafter set forth
concerninq the procedure to be followed by the division, and all
procedures established herein for transmittal, testing and
-3-
admission of the result in the trial of the case shall be the
same as for the sample sent to the division.
(g) A fee not to exceed fifteen dollars ($15.00) shall
be allowed the approved laboratory for making the analysis of the
second blood sample, which fee shall be paid out of the
appropriation for criminal charges. If the person whose blood
sample was withdrawn is subsequently convicted for violation of
section 21-336, the fee charged by the laboratory for testing the
blood sample shall be taxed as part of the costs of the criminal
case and shall be paid into the general fund of the state
treasury.
(h) If the chief of police is not directed, as
provided in this section, to mail the second container within
seventy-two (72) hours after receiving such container, he shall
destroy such container.
(i) Upon receipt of the blood sample forwarded to the
division for analysis, the division shall cause it to be examined
for alcoholic content and the director of the division or his
designated representative shall execute a certificate which shall
indicate the name of the accused, the date, time and by whom the
blood sample was received and examined, a statement that the
container seal had not been broken or otherwise tampered with, a
statement that the container was one provided by the division and
a statement of the alcoholic content of the sample. The
certificate attached to the vial from which the blood sample
examined was taken shall be returned to the clerk of the court in
which the charge will be heard. The certificate attached to the
container forwarded on behalf of the accused shall also be
returned to the clerk of the court in which the charge will be
heard, and such certificate shall be admissible in evidence when
attested by the pathologist or by the supervisor of the
laboratory approved by the division.
(j) When any blood sample taken in accordance with the
provisions of this section is forwarded for analysis to the
division, a report of the results of such analysis shall be made
-4-
and filed in that office. Upon proper identification of the vial
into which the blood sample was placed, the certificate, as
provided for in this section, shall, when duly attested by the
director of the division or his designated representative, be
admissible in any court, in any criminal or civil proceeding, as
evidence of the facts therein stated and of the results of such
analysis.
(k) Upon the requ-est of the person whose blood or
breath sample was taken for a chemical test to determine the
alcoholic content of his blood, the results of such test or tests
shall be made available to him.
(1) A fee not exceeding ten dollars ($10.00) shall be
allowed the person withdrawing a blood sample in accordance with
this section, which fee shall be paid out of the appropriation
for criminal charges. If the person whose blood sample was
withdrawn is subsequently convicted for a violation of section
21-336, or is placed under the purview of a probational,
educational or rehabilitational program, as set forth in section
18.2-271.1 of the Code of Virginia, the amount charged by the
person withdrawing the sample shall be taxed as part of the costs
of the criminal case and shall be paid into the general fund of
the state treasury.
(m) In any trial for a violation of section 21-336,
this section shall not otherwise limit the introduction of any
relevant evidence bearing upon any question at issue before the
court, and the court shall, regardless of the result of the
blood or breath test or tests, if any, consider such other
relevant evidence of the condition of the accused as shall be
admissible in evidence. The failure of an accused to permit a
sample of his blood or breath to be taken for a chemical test to
determine the alcoholic content of his blood is not evidence and
shall not be subject to comment by the prosecution at the trial
of the case, except in rebuttal; nor shall the fact that a blood
-5-
or breath test has been offered the accused be evidence or the
subject of comment by the prosecution, except in rebuttal.
(n) The form referred to in subsection (c) of this
section shall contain a brief statement of the law requiring the
taking of a blood or breath sample and the penalty for refusal, a
declaration of refusal and lines for the signature of the person
from whom the blood or breath sample is sought, the date and the
siqnature of a witness to the siqninq. If such person refuses or
fails to execute such declaration, the committing justice, clerk
or assistant clerk shall certify such fact, and that the
committing justice, clerk or assistant clerk advised the person
arrested that such refusal or failure, if found to be
unreasonable, constitutes grounds for the revocation of such
person's license to drive. The committing or issuing justice,
clerk or assistant clerk shall forthwith issue a warrant charging
the person refusing to take the test to determine the alcoholic
content of his blood with violation of this section. The warrant
shall be executed in the same manner as criminal warrants. Venue
for the trial of the warrant shall lie in the court of the city
in which the*offense of driving under the influence of
intoxicants is to be tried.
(o) The executed declaration of refusal or the
certificate of the committing justice, as the case may be, shall
be attached to the warrant and shall be forwarded by the
committing justice, clerk or assistant clerk to the court in
which the offense of driving under the influence of intoxicants
shall be tried.
(p) When the court receives the declaration of refusal
or certificate referred to in subsection (o) of this section,
together with the warrant charging the defendant with refusinq to
submit to having a sample of his blood or breath taken for the
determination of the alcoholic content of his blood, the court
shall fix a date for the trial of such warrant, at such, time as
the court shall designate, but subsequent to the defendant's
criminal trial for driving under the influence of intoxicants.
-6-
Upon request, the defendant shall be granted a trial by jury on
appeal to the circuit court.
(q) The declaration of refusal or certificate under
subsection (o), as the case may be, shall be prima facie evidence
that the defendant refused to submit to the taking of a sample of
his blood or breath to determine the alcoholic content of his
blood as provided hereinabove. However, this shall not be deemed
to prohibit the defendant from introducing, on his behalf,
evidence of the basis for his refusal to submit to the taking of
a sample of his blood or breath to determine the alcoholic
content of his blood. The court shall determine the reasona-
bleness of such refusal.
(r) If the court or jury finds the defendant guilty as
charged in the warrant issued under this section, the court shall
suspend the defendant's license for a period of
six (6) months for a first offense and for one (1) year for a
second or subsequent offense or refusal within one (1) year of
the first or other such refusals. The time shall be computed as
follows: The date of the first offense and the date of the
second or subsequent offense; however, if the defendant pleads
quilty to a violation of section 21-336, the court may dismiss
the warrant.
(s) The court shall forward the defendant's license to
the commissioner of the division of motor vehicles of Virginia as
in other cases of similar nature for suspension of license,
unless the defendant appeals his conviction. In such case the
court shall return the license to the defendant upon his appeal
being perfected.
(t) The procedure for appeal and trial shall be the
same as provided by law for misdemeanors; if requested by either
party, trial by jury shall be as provided in article 4 of chapter
15 (section 19.2-260, et seq.) of title 19.2, Code of Virginia,
and the city shall be required to prove its case beyond a
reasonable doubt.
-7-
(u) No person arrested for a violation of section
21-336 shall be required to execute, in favor of any person or
corporation, a waiver or release of liability in connection with
the withdrawal of blood and as a condition precedent to the
withdrawal of blood as provided for herein.
(v) The court or the jury trying the case shall
determine the innocence or the guilt of the defendant from all
the evidence concerning his condition at the time of the alleged
offense.
(w) Chemical analysis of a person's breath, to be
considered valid under the provisions of this section, shall be
performed by an individual possessing a valid license from the
division to conduct such tests, with a type of equipment and in
accordance with the methods approved by the division. Such
breath-testing equipment shall be tested for its accuracy by the
division at least once every six (6) months. Any individual
conducting a breath test under the provisions of this section and
and as authorized by the division shall issue a certificate,
which will indicate that the test was conducted in accordance
with the manufacturer's specifications, the equipment on which
the breath test was conducted has been tested within the past six
(6) months and has been found to be accurate, the name of the
accused, the date, the time the sample was taken from the
accused, the alcoholic content of the sample and by whom the
sample was examined. Such certificate, when duly attested by the
authorized individual conducting the breath test, shall be
admissible in any court in any criminal proceeding as evidence of
the alcoholic content of the blood of the accused. The officer
making the arrest, or anyone with him at the time of the arrest,
or anyone participating in the arrest of the accused, if
otherwise qualified to conduct such test as provided by this
section, may make the breath test or analyze the results thereof.
A copy of such certificate shall be forthwith delivered to the
accused.
-8-
(x) The steps set forth in this section relatinq to
the taking, handling, identification and disposition of blood or
breath samples are procedural in nature and not substantive.
Substantial compliance therewith shall be deemed to be
sufficient. Failure to comply with any one or more of such steps
or portions thereof, or a variance in the results of two (2)
blood tests, shall not, of itself, be grounds for finding the
defendant not guilty, but sball go the weight of the evidence and
shall be considered as set forth above with all the evidence in
the case, provided that the defendant shall have the right to
introduce evidence on his own behalf to show noncompliance with
the aforesaid procedure or any part thereof, and that, as a
result, his riqhts were prejudiced.
This Ordinance shall become effective July 1, 1985.
Adopted this 24th day of June 1985, by the Council of
the City of Virginia Beach, Virginia.
RMB/da
(B)
6/18/85
APpROVCD AS'TO CONTENT
-9-
- 31 -
Item 11-J.6
CONSENT AGENDA ITEM # 23834
Upon motion by Councilwomaii Creech, seconded by Councilman McCoy, City
Couiicil ADOPTED ali Ordinance to authorize ACQUIS11ION of property in
fee simple for right-of-way for FERRELL PARKWAY PHASE I-B PROJECT and the
ACQUISITION of temporary and permaiient easemetits of right-of-way, either
by agreemeiit or by condemnation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jeiinings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Heiiry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absent:
None
June 24, 1985
31a
AN ORDINANCE TO ALJTIIORIZE ACQUISITION OF PROPERTY IN FEE
SIMPLE FOR RIGfrf OF WAY FOR FERRELL PARKIIAY PHASE I-B
PROJECT AND THE ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY
CONDEMATION.
I'AiEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of this
important roadway to provide transportation and for other public purposes
for the preservation of the safety, health, peace, good order, comfort,
convenience, and for the welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and directed
to acquire by purchase or condemnation pursuant to Sections 15.1-236,
et seq., 15.1898, 15.1899, and Section 33.1-89 et seq., Code of Virginia
of 1950, as amended, all that certain real property in fee simple, including
temporary and permanent easements of right of.way as shown on the plans
!entitled, Ferrell Parkway Phase I-B Project, CIP 2-936, these plans being
on file in the Office of Real Estate Department of Public Ilorks, Virginia
Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make or
cause to be made on behalf of the City of Virginia Beach, to the extent that
funds are available, a reasonable offer to the owners or persons having an
'interest in said lands, if refused, the City Attorney is hereby authorized
to institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to exist and this
;ordinance shall be in force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
@@the 24 day of June 19 8@
.@,PROVED AS TO CONTENT
E
L)EPAR.'MENT
FORM
Juiie 24, 1985
3 2
Item 11-J.7
CONSENT AGENDA ITEM # 23835
Upoii motion by Couilcilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED aii Ordinance, on SECOND READING, to appropriate $32,000 from
the WATER AND SEWER FUND to Project #5-832 COMPRERENSIVE WATER STUDY-
Voting: 11-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiiiigs, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Couiicil Members Voting Nay:
None
Council Members Absent:
None
June 24, 1985
32a -
AN ORDINANCE TO APPROPRIATE
i,:: $32,000 FROM THE WATER AND SEWER FUND
TO PROJECT #5-832 COMPREHENSIVE WATER STUDY
WHEREAS, the present Capital Improvement Program includes project
#5-832 Comprehensive Water Study for an engineering analysis of the water system
including a computer operated mathematical model of the system, and
WHEREAS, this project is scheduled to receive funding from the Water
and Sewer Fund including $32,000 for the current fiscal year, and
WHEREAS, Public Utilities has requested that the $32,000 be made
available now to fund the vulnerability study and model conversion costs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds in the amount of $32,000 are hereby appropriated from Water and
Sewer Fund Reserve for Contingencies to the Water and Sewer Capital Projects Fund
to provide additional funds to project #5-832 Comprehensive Water Study.
This ordinance shall be effective from the date of its adoption.
First Reading: June 17, 1985
Second Reading: Juiie 24, 1985
24
Adopted by the Council of the City of Virginia Beach on the
day of Juiie 19 85
Juiie 24, 1985
RATS 16/ORD27
- 33 -
Item 11-J.8
CONSENT AGENDA ITEM # 23836
Upon motion by Councilwomaii Creech, seconded by Couiicilman McCoy, City
Couiicil ADOPTED aii Ordiiiance, on SECOND READING, to accept funds totaling
$60,925 from the VIRGINIA HOUSING DEVELOPMENT AUTHORITY and to utilize
$10,228 from 9th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FLJNDS aiid to
appropriate these funds for the SECTION 8 existing HOUSING PROGRAM,
MODERATE REHABILITATION PROGRAM AND RENTAL REHABILITATION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Heilry
McCoy, Jr., D.D.S., and Meyera E. Obertidorf.
Council Members Voting Nay:
None
Council Members Absent:
None
June 24, 1985
33a
Requesced byz The Department of Housing atid Co-unity Development
AN ORDINANCE TO ACCEPT FUNDS TOTALING t,60,925
FROM THE VIRCINIA HOUSING DEVELOPMLNT AUT110itl'ry
,%ND TO UTILIZE $10,228 FROM g,rH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AND ro Ai'PROPRIATE
-rHESE FUNDS FOR THE SECTION 8 EXISTIN(; HUUSING PROCRM
MODERATE REHABILITATION PROC@ AND Rr-N,rAL ItE@1LITKrlON
PROGRAM
WHE@ , the City of Virginia Beach has participated and wisties
to continue its participation in the Section a Existitig Housing Program,
Moderate Rehabilitation Program and Rental Rehabilitation Program; and
wHEREAS, the Virginia Housing Development Authority (VHDA) has
submitted a proposed Administrative Services Agreement and applicable
addendum for the implementation of a Housing Assiatunce Payments Pro&rLun
for Existing Housing, the Moderate R @ bilitation Program and che Rencal
Rehabilitation Program; and
WHEREAS, the Department of Housing and Community Development (DHCD)
has been desigaated to administer the programs. which will assist in
housing low and moderate income persons; and
WliEREAS, the total budget to administer the Section 8 Existing
Housing Program, Moderate Rehabilitation Program and Rental Rehabilita-
tion Program is $71,153, with VitDA providing $60,925 of the prograill cost
and $10,228 being provided from the City's Conununity Developmenc Block
Granc Budget
NOW, THEREFORE, BE IT OFLDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept funds for
the City, and funds are hereby appropriated for the City's Section 8
Existing Housing Program, Moderate Rehabilitation Program and Ciie
Reacal Rehabilitation ProCram in the amount of $71,153.
HE IT FURTHER ORI)AINED rhat chree personnel positions are hervby
authorized for che duration of the funding, to be paid by VHDA and
supplementcd by DHCD as indicated on ttie attached sheet labelled "Exliibit
A."
AND BE IT FURTHER ORDAINED that the City Manager is hereby
authorized to enter into an Admini.strative Services Agreement with VHI)A
33b -
for implementation Of a Housing Assistance Payment Program for
Existing Housing. Said agreement and addendum are accached hereto
and incorporated by reference.
FIRST READING: June 17, 1985
SECOND READING:, June 24, 1985
Adopted by the Council of the City of Virginia Beach, Virginia
on this 24 day of June 1985.
APPROVED AS TO CONTENT
Us ck.
Hous d Com=n pment
APPROVED AS TO FORM
David S. Hhy,
Assistant City Attorney
DSH/ntf
6/4/85
(C)
VIRGINIA HOUSING DEVELOPMENT AUTHORITY
ADMINISTRATIVE SERVICES AGREEMENT
SECTION 8 EXISTING
THIS AGREEMENT, dated this First da-Y of July
193L. by and between VIRGINIA HOUSING DEVELOPMENT AUTHORITY ,and the Vi@ginia Beach
'ou sn and nt e nt
g
f of q Co-u v
ha@reinaft,r frre to as ta 'A"e n t a n agency of the City of Virginia Beach,
a political subdivision of the Coomnwealth of Virginia.
W I T N E S S E T H
WHEREAS, the Authority proposes to undertake the administration of the Housing
Assistance Payments Program for Existing Housing (hereinafter referred to as the
"Program") pursuant to Section 8 of the United States Housing Act of 1937, as amended
by the Housing and Comunity Development Act of 1974 (hereinafter referred to as the
"Act"), and for purposes thereof qualifies as a Public Housing Agency as defined in
the Act and the Regulations promulgated thereunder; and
WHEREAS, the Authority has submitted its application to the United States
Department of Housing and Urban Development (hereinafter referred to as "HUD") for
Annual Contributions from HUD to cover Housing Assistance Payments (hereinafter
referred to as the "Payments") and other allowable expenses under the Program; and
WHEREAS, the aforesaid application having been accepted by HUD and an Annual
Contributions Contract (hereinafter referred to as the "ACC") having been entered
into by and between HUD and the Authority on the day of
, 19-, for housing assis ance under the Program for @ousing
located in the City of Virqinia Beach
Virginia; and it is necessary and desirable for the Authority to contract for the
performance of certain administrative services reqyired to be performed by or on the
behalf of the Authority pursuant to the tems and provisions of the ACC: and
WHEREAS, the Agent is willing to undertake on behalf of the Authority and to
perforrn the requisite adniinistrative services and is empowered and authorized and
hereby represents and warrants that it is empowered and authorized to enter into this
Agreement.
NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants contained herein, the p6rties hereto do hereby agree as follows:
. 1. The tem of this Agreement shall be for a period Of
comencing upon the effective date on page I hereof;,Provided, ho.
shall continue in full force and effect upon the expiration of the initial tem upon
the same tems and conditions for a successive term or tems, no one of which shall
exceed one (1) year. The tem of this Agreement, however, shall not extend beyond the
tem of the ACC, as extehded. This Agreement inay be terminated at the end of the
initial term or any such renewal term by the giving of ninety (90) days' prior written
notice; provided, however, this Agreement may be terminated by the Authority at any
time for just cause, as determined by the Authority, upon the rendering of thirty (30)
days' prior written notice to the Agent. In any event, the Authority shall not be
subject to liability for any loss, damage or expenses caused by termination by the
Authority of this Agreement. For the purposes hereof, the temination of the ACC shall
be deemed to be just cause, as well as serious violations of the provisions of this
Agreement.
July 1, 1978 37-01
Ju'ly 1, 1979 37-02
July 1, 1980 37-03
July 1, 1981 37-04
8-140-1 Page I of 6
5/85
2. Prior to comencement of the initial tertn hereof, the Agent shall
have submitted to, and received approval from, the Authority for its projection of
anticipated expenses and administrative costs to be incurred by it in the adillinis-
tration of this Agreement during the initial term. Upon each renewal term, the
Agent Shall submit to the Authority by February 15 for review and approval its pro-
jection of anticipated expenses and administrative costs to be incurred by it in
the administration of this Agreenient during the period of such respective term; and
for renewal terms only, shall submit those actual costs incurred during the previous
term along with leasing projections and projections of expenses to be incurred
through the end of the fiscal year. Upon approval by the Authority, such projection
shall constitute the basis upon which the Authority shall reimburse the Agent as
set forth in Paragraph 3 and or Paragraph 30 hereof provided, however, that in the
event the Agent does not adhere to the agreed-upon leasing schedule, the extent to
which the Authority shall reimburse the Agent shall be limited to the extent reim-
bursement is made available to the Authority by HUD.
3. The Authority shall reimburse Agent for all reasonable and necessary
costs and expenses incurred by Agent in the performance of its duties and responsibilities
hereunder and as may be approved by the Authority, provided, however. except under
circumstances clearly warranting further reimbursement, the Authority shall not reimburse
Agent for any such costs or expenses in excess of the aggregate amount thereof set
forth in the approved projection as provided in paragraph 2 hereof.
4. The reimbursement shall be made monthly, in arrears, by the Authority
upon the subrnission by the Agent of proper requisition therefor in such fom as may
be prescribed by the Authority and supported by detailed invoices. The reimbursement
due and payable with respect to the expenses and costs incurred in any particular
month during the initial term or any renewal term hereof shall be made by the twentieth
working day following receipt of the requisition. All requisitions shall be submitted
to the Authority no later than the tenth (10th) day of each such succeeding month in
which reimbursement is expected except for the month of June. In June, requisitions
are to be submitted by June 15 accruing costs through the end of the month. Documen-
tation of those expenses anticipated for June are to be forwarded as nomally required.
Requisitions more than 60 days delinquent could be grounds for non-payment of such
requisitions. No requisitions will be paid if not submitted by June 15.
5. At such time as HUD shall have remitted to the Authority the allowance,
in the amount approved by HUD, for preliminary costs of administration as provided for
by section 1.4(b) (2) of the ACC, the Authority shall remit an amount, not to exceed
the amount approved by the U. S. Department of Housing and Urban Development for
preliminary costs, to the Agent to cover its portion of the preliminary costs of admini-
stration with respect to this Agreement. It is understood that this payment shall be
made in 12 installments, monthly, during the initial term hereof and reflects the initial
expenses incurred in commencing administration under the Program. Further, inasmuch
as the amount paid to cover preliminary costs will be subject to audit by HUD, any
adjustments required to be made by HUD in the amount paid to the Authority for pre-
liminary costs will result in commensurate adjustments being made in the corresponding
amount Paid to the Agent hereunder.
. 6. The Agent shall faithfully and promptly perform the administrative
services hereinafter set forth in paragraphs 7 through 21, inclusive, in full com-
pliance with the requirernents of the Authority as cqntained in the VHDA Section 8
Existing/Mod Rehab Operations Manual and any subsequent mefnorandums made a part
thereof and the Act and Regulations promulgated thereunder the ACC. Virginia Housing
may request that the Agent be 'replacid if documentation @eveals their failure
to perform.
7. The Agent shall publish and disseminate to the general public and
interested parties appropriate information concerning the availability and nature of
the housing assistance provided under the Program in accordance with Authority guide-
lines. Such infonnation shall conforfn to the programs specified in the Authority's
Equal Housing Opportunity Plan and shall include publication in a newspaper of general
circulation and the utilization of appropriate minority media. The inforniation shall
specify (a) the availability and nature of tlie housing-assistance and that it may be
used in connection with presently occupied housinq units, (b) the location of the place
at which applicants may apply for a Certificate oi Family Participation (hereinaft'er
referred to as the "Certificate"), (c) that the residents of public housing and
applicants on waiting lists for public housing must niake separate applications for
Certificates under the Program, and (d) applicants on public housing waiting lists
will not lose their place on such wai,ting lists. All outreach efforts (including
advertising, presentations to community groups, brochure placement, etc.) will be doc-
umented and must be maintained in an outreach folder for periodic review by the
Authority or its designee.
The information published and disseminated pursuarit to paragraph 7
hereof shall be subject to the priot approval of the Authority. Further. the Agent
shall provide the Authority with a statement of the methods of publication used and
copies of all published notices and other information for remittance to HUD.
9.
In connection with the dissemination of the information required above,
.the Agent shall take such steps as may be necessary or appropriate to effect invitation
to owners of suitable housing units to make such u'nits available for leasing under
the Program.
10 The Agent shall determine, in accordance with applicable regulations
and such ichedules and criteria as may be established by HUD and the Authority,
the eligibility of applicants to receive Payments.
11. The Agent shall receive and review applications for Certificates for
eligibility. The Agent shall deterynine eligibility of applicants and shall notify
those applicants determined to be eligible, initially with prior Authority approval,
and to whom the Agent shall issue Certificates. In the event that an applicant is
determined to be ineligible, the Agent shall so notify the applicant by written
correspondence stating the reasons for ineligibility and advising that the applicant
may request, within a reasonable period of time, which shall be stated in the
correspondence, an informal hearing with the Authority. In the event that there are
more eligible applicants than can be assisted, the Agent shall niaintain a waiting
list, notifying applicants in writing that they have been placed on the waiting list
and indicate the approximate date upon which Certificates might be issued, if such
date can reasonably be determined. Should the Agent deten.,iine that the waiting list
is such that there is no reasonable prospect that additional Certificates could be
issued within the ensuing year, the Agent shall so notify the Authority and request
Authority approval to suspend the taking of applications, and if approved by the
Authority, the Agent shall, through publication in a newspaper of general circulation
as well as through minority media and other suitable means, publish no tice of the
suspension of taking further applications. Such suspension shall be effective as of
the date stated in such notice.
12. All records of application, notification letters and similar matters
shall be retained by the Agent in safekeeping during the term of this Agreement and
any renewals or extensions thereof and, upon termination, shall be remitted to the
Authority for appropriate disposition. All such applications, notices and other such
records shall be subject to inspection and copying by the Authority or HUD at all
reasonable times. Records will be retained as specified by the Authority or HUD.
13. The Agent shall select applicants according to such selection priorities
as shall be established jointly by the Agent and the Authority from time to time
when issuing Certificates. The total number of applicants selected within any particular
category as may be established shall at all times be consistent with the Authority's
application to HUD. Upon a determination by the Agent that any particular applicant
is eligible and qualifies for issuance of a Certificate, the Agent shall transmit the
executed Certificates to the approved applicant. Initially, all applications for
Certificates must be approved by the Authority before a Certificate can be issued.
In the event that the Agent shall be unable to allocate the total number of Certificates
available within any particular category, the Agent will so notify the Authority in
writing and request a redistribution. In the event the Agent is unable to satis-
factorily utilize those Certificates made available, the Authority may effect a
redistribution to other localities.
14. At such time Certificates may be issued to eligible Families, the
Agent shall deliver to such Families copies of the Certificate Holder 's Packet. Upon
delivery of the Certificate and the Packet, the Agent shall provide alsistance to
the family in finding a suitable unit and in understanding the Family's responsibilities
and those of the Owner of the unit under the Program by providing a full explanation
of those matters set forth in 24 CFR 882.209(c) (1) through (8). inclusive.
15 The Agent shall render such assistance as may be necessary or
appropriaie to aid Families in locating suitable units for rental under the
Program within the period of the Certificate. Should any Family be unable to locate
a suitable unit within such period, and a request for extension of the Certificate
shall have been submitted, the Agent shall review the request for extension and
notify the family of its decision.
16. At such time as a Family shall have selected a unit for rental
and submitted to the Agent a Request for Lease Approval and a COPY Of the proposed
Lease. the Agent shall (1) detemine whether the type of housing selected can
be approved (e.g., not owner-occupied or public housing) and whether the proposed
rent is reasonable and is within applicable HUD Regulations pertaining to li@itations
on rents; (2) inspect the proposed renta I
standards as set @orth in the Act; and (I unit for compliance with housing qua ity
1 3) review as to form and content all proposed
N under the Program. Such leases shall confom to all applicable
In the event that the inspection required by (2) above disclose@
a ficiencies which must be corrected in a unit in order for the same
ti and sanitary, the Agent shall so advise the Owner and reinspect
t@ leasing to ascertain that the necessary work has been performed
ai is decent. safe and sanitary. Reports of every inspection aild
r4 he Agent pursuant to the pro-visions hereof shall be prepared and
maintained n the files of the Agent and shall specify any defects or deficiencies
which must be corrected in order for ihe unit to be made decent, safe and sanitary,
and any other defects or deficiencies w ich may be discovered on any such inspection
or reinspection. No leases can be approved or renewed until the units are brought
into compliance with the Housing Quality Standards.
17. In order to assure compliance with such applicable schedules and
the amount of Payments to be made on behalf of Families, the Agent shall maki
by HUD and all applicable Regulations concern ng
criter'ia as may be established
appropriate deteminations of rental contributions required of participating e such
aS May be requisite. Families
18. After such time as a Housing Assistance Paynents Contract may have been
executed with respect to any unit and such unit occupied. the Agent shall inspect such
unit at least annually to assure the same is decent, safe and sanitary and that Oil
agreed upon utility and other services are being provided A summary report of inspection
conducted and confinnations of continued occupancy shall Le subrnitted to the Authority
in such manner and at such times as shall be required by the Authority. Should the
Owner of any rental unit fail to make any necessary repairs, the Agent shall promptly
notif_y the Authority in writing.
19. The Agent shall, frofn time to time, review and report to the Authority,
in a fom prescribed bv the Authority, its recommendation with respect to the reason-
ableness of the unit rentals and applicable Allowances for Utilities and Other Services
as defined by the Act. Should changes in utility rates or other circumstances neces-
sitate changes in such Allowances, the Agent shall recommend to the Authority appropriate
adjustments thereto.
20. The f-.gent shall re-exariine, at least annually, Family incor,.e, cor,;position
and the extent of medical or unusual e@-penses and advise the "uthority @oit.i res,-ect
to its recommendations as to appropriate adjystrnents in the amounts of Family contri-
butions and payments.
21. In performing its duties and responsibilities hereunder, the Agent
and VHDA hereby assure and certify that:
a They will comply with Title VI of the Civil Rights Act of 1964
(P.L. 88-352 ) ;nd regulations pursuant thereto (Title-24 CFR Part 1) which states
that no person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the applicant
receives financial assistance; and will immediately take any measures necessary to
effectuate this Agreement. With reference to the real property and structure(s)
thereon which are provided or improved with the aid of Federal financial assistance
extended to the applicant, this assurance shall obligate the applicant, or in the
case of any transfer of property, the transferee, for the period during which the
real property and structure(s) are used for a purpose for which the Federal financial
assistance is extended or for another purpose involving the provision of similar
services or benefits.
8-140-1 Page 4 of 6
5/85
b. They will comply with Title VIII of the Civil Rights Act of
1968 as amended, which prohibits discrimination in housing on the basis of race,
color, religion, s6& or national origin, and administer its programs and activities
relating to housing in a manner to affimatively further fair housing.
C. They will comply with Executive Order 11063 on Equal Opportunity
in Housing which prohibits discrimination because of race, color, creed, or national
origin in housing and related facilities provided with Federal financial assistance.
d. In establishing the criteria for the selection of tenants, neither
VHBA and its Achninistrative Agent nor the Owner will utilize preferences or priorities
which are based on (1) the identity or location of the housing which is occupied or
proposed to be occupied or (2) upon the length of time the applicant has resided in
the jurisdiction. VHDA and its Administrative Agent and the Owner shall treat non-
resident applicants who are working, or have been notified that they are hired to
work, in the jurisdiction as residents of the jurisdiction.
e. If the proposed project is to be located within the area of a
local Housing Assistance Plan (HAP), the Agent will take affi mative action to provide
opportunity to participate in the Program to persons expected to reside in the com-
munity as a result of current or planned ernployment.
22. The Agent's authority and responsibilities shall be limited to
existing housing located within the geographical boundaries of the rity
of Virginia Reach , Virginia.
23. The Agent shall furnish such infomation or reports with respect to
the administration of this Agreement as the Authority may from time to time deem
necessary or appropriate.
24. No mL4nber, officer, employee of the Authority, no member of the
governing body of the locality identified in paragraph 23 hereof, and no otherpublic
official of such locality who exercises any functions or responsibilities with re-
spect to the units leased under the Program and the ACC, during his tenure or for
one year thereafter, shall have any interest, direct or indirect, in this Agreement
or any proceeds or benefits arising therefrom.
25. This Agreement may not be assigned by the Agent without the prior
written consent of the Authority.
26. This Agreement shall not be modified or amended in any respect except
by writing executed on behalf of both parties hereto.
27. This Agreement shall be construed under and governed by the laws of
the Commonwealth of Virginia.
28. Non-expendable equipment purchased and expensed solely for the Section
8 Existing Housing and/or Moderate Rehab Program must be turned over to VHDA or the
new Administrative Agent should 'i' ' ' " I'll 'If e-q u-ip e par_@nt
elect to discontinue participation 1'n' t@he a"mf f i CRPE i fb u r s' @ft "I
tially utilized by both the Existing Housing and/or Moderate Rehab Program and local
programs will be determined based upon the amount of expense charged to such equipment
as prescribed and calculated by VHDA.
29. As compensation for its services rendered hereunder, the Authority
shall pay to the Agent a fee of $ 18.93 per unit under lease all or part of the
preceeding month, which may be revised by Addendum to this Agreement. The fee payable
with respect to any particular month shall be due and payable during the following ,
month. The monthly fee is based on anticipated expenses and number of units estimated
to be under lease.
Since Virginia Housing will consider adjustments to this fee, if
necessary during the tem of this Agreement, it is the Agent's responsibility to
maintain accurate records of expenses incurred. Although income earned from adminis-
trative fees is not cost certifiable, expenses may be audited by VHDA staff and/or
its designees to ensure their reasonableness and their relationship to housing and
housing programs locally. A surplus of fees earned by the Agent will be utilized to
offset estimated expenses at the renewal of this Agreement.
3Q A penalty of $18_93 will be imposed for each lease packet
which is submitted for approval after the esfablished deadline (unless prior approval
is obtained) and for packets that contain errors. In the event the Agent habitually
submits leases after the 'established deadline, VHDA reserves the right to impose
administrative remedies or additional monetary penalties.
All notices required hereunder shall be in writing and delivered by hand or
by mail , postage prepaid, and, if to the Authority, drawn to the attention of
Thomas W. Schneider, CPM, Assistant Director of Housing Man@, - t for lpecial
ro rams, Y thority. 13 bo uth Ti@7,rt:e"th Street,
Richmond, Virginia 23219, and if to the Agent, drawn to tile attention of
IN WITN@SS WIIEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers or agents as of the day and year first
above written.
APPROVED AS TO CANTENT: VIRGIN@A,HOUSING DEM@OPME ORITY
, USL@ -luT@H
BY: By:
5 F- F
M@yi-n. @tick, Dirkctor AcL.- JamLs F. Kelly, CPM
Depal@ of Housing an
Conimunity Development Title: nirprtnr nf HOil5iAg t4.,A@nilloAt
DATE: Date:
APPROVFD AS TO FORti:
AGENT
BY: D3@ s
L
. - @kl-.
D@vid S Hay, City Attorney By:
City of@virqinia Beach Title: Thonsas H. Muehlenbeck, City flana(ler
City of Virginia Beach
Date:
SECTION 8 MODERATE REHABILITATION PROGRAM
ADIIINISTRATIVE SERVICES AGREEMENT
ADDEf'Out-I C
This Addendum to the A dministrative Services Agreement dated the @irst. day of
by and betvieen VIRGINIA HOUSING DEVELOPI-I fiT AUTHORITY
an
Ag
co ecified in the hal
The following specific provisions apply to the Section 8 Moderate Rehabilitation
Program (hereinafter referred to as the "Moderate Rehab Program") in addition to those
included in the Agreement:
1. The provisions regarding publishing and disseminating infor'mation for
the Existing Housing Program as delineated in paragraph 7 of the Agreement
shall not apply to the @toderate Rehab Program. For the Moderate Rehab
Program, the Agent may be directed to have published and to disseminate
only Authority provided information. Any such publication of information
shall conform to the Authority's Equal Housing Opportunity Plan and the
Agent shall have all publication charges invoiced to the Authority.
2. The Agent shall receive and review applications for eligibility from: (1)
tenants in residence at the time the owner's proposal is subinitted to the
Authority and as directed by the Authority; (2) applicants to Moderate Rehab
units from the locality's waiting list; (3) applicants to Moderate Rehab
units from the owner, as applicable; and (4) tenants who have moved in
during the period which the Agreement to Enter into the Housing Assistance
Payments Contract (AHAP) is in force. The Agent shall receive and review
applications for eligibility. The Agent shall determine eligiblity of appli-
cants and shall notify those applicants determined to be eligible, initially
with prior Authority approval. In the event that an applicant is determined
to be ineligible, the Agent shall so notify the applicant by written corres-
pondence stating the reasons for ineligibility and advising that the applicant
may request. within a reasonable period of time, which shall be stated in
the correspondence, an infornial hearing with the Authority.
3. The Provisions of paragraph 13 of the Agreement regarding issuance of Cert-
ificates according to selection priorities in the Existing HC)using Program
shall not apply to the Moderate Rehab Program. For the Moderate Rehab Program,
tenants occupying Moderate Rehab units at the time the "Housing Assistance
Payments Contract" is signed will be assisted in accordance with the effective
date of *.he Contract, if still detemined eligihle. Vacant Moderate Rehab
units will belfilled by procedures outlined in the Equal Opportunity liousing
Plan.
4. The provisions of paragraph 14 of the Agreement regarding the supplying of
Certificate Holder's Packets to eligible families shall not apply to the
Moderate Rehab Program. For tenants eligible under the Moderate Rehab
Program, the Agent shall conduct a tenant briefing advising the tenant
of his responsibilities and those of the owner of the unit under the
Moderate Rehab Program by providing a full explanation of those matters
set forth in 24 CFR 882.514(d) (1) and (2).
5. The provisions of paragraph 15 of the Agreement regarding rendering of
assistance to families shall apply to the Moderate Rehab Program when
'Moderate Rehab units become vacant.
8-140-lC Pa e I of 2
6. The provisions of paragraph 16 of the Agreement regarding the selecting
of a unit by tlie fainily shall not apply to the I-loderate Rehab Program.
However, usage of VHDA's model lease for I-loderate Rehab units is
required. VHDA approval of any addendums to the lease is also reqilired-
7. The provisions of paragraph 18 apply, however, not to the effective date
of the Housing Assistance Payments Contract but instead to the effective
date 6f the lease.
S. The provisions of paragraph 19 regarding the reasonableness of unit
rentals shall not apply to the Moderate Rehab Program.
9. The provisions of paragraph 30 of the Agreeinent apply except that the fee
for tloderate Rehab units is $ 18.93 for each unit under lease
per month.
10. A penalty of $ 18.93 will be imposed for each lease packet
which is submitted for approval after the established deadline (unless
prior approval is obtained) and for packets that contain errors. In
the event the Agent habitually submits leases after the established dead-
line, VHDA reserves the right to inipose adiiiinistrative remedies or
additional iiionetary penalties.
VIRGI ING DEVE@PPMENT AUTHORITY
By: (,j By:
i@ James F. Kelly, CPM Thomas H. Muehienbeck
Title: City Manager
Titl6: pirector of @irig Management
Date:
Date:
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
BY: BY: @ /ff
marya Direct David V Ha-, tity Attorney
rLetick y
Depa f Housing & Community Development City of Virginia Beach
Exhibit A
Section 8 Program Administration Budget 85-86
tou Cost Sub Total Total
SALARIES
a) Program Specialist $26,510.00
b) Program Technician 17.108.00
c) Clark - Typist I 10.805.00 $54.423.00
LEGAL -0- -0-
TRAVEL 447.00 447.00
ACCOUNTING -0- -0-
OFFICE RENT -0- -0-
SUNDRY
Telephone 1.460.00
b) Office Supply 252.00
c) Central Store Charges 72.00
d) Print Shop 331.00
4) Postage 500.DO 2.615.00
MAINTENANCE AUTO 6 TYPEWRITER 395.00 395.00
INSURANCE 209.00 209.00
E)VLOYEE BENEFITS
a) FICA 3,838.00
b) Health & Hospitalizatlon 2,088.00
c) Group Insurance 572.00
4) City Rettramoot 6,566.00 13.064.00
OFFICE EQUIPMENT -0- -0-
1) OFFICE FURNITURE -0- -0-
AUTOMOTIVE -0- -0-
$71.153.00
Fee Inc $60,925.00
CDOG Supplement Funds $10.228.00
TOTAL @il.153.00
- 34 -
Item 11-J.9
CONSENT AGENDA ITEM # 23837
Upon motion by Councilwoman Creech, seconded by Couiicilmaii McCoy, City
Couiicil ADOPTED an ordinance, on SECOND READING, to accept a Grant from the
DEPARTMENT OF CORRECIIONS totaling $122,800 a.id to appropriate these funds
for the VIRGINIA BEACH COMMUNLTY DIVERSION INCENTIVE PROGRAM.
Voting: 11-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClaiiati, J. Heliry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Votiiig Nay:
None
Couiicil Members Absent:
None
Juiie 24, 1985
- 34a -
AN ORDINANCE TO ACCEPT A GRANT
FROM THE DEPARTMENT OF CORRECTIONS
TOTALING $122,800 AND TO APPROPRIATE
THESE FUNDS FOR THE VIRGINIA BEACH
COMMUNITY DIVERSION INCENTIVE PROGRAM
WHEREAS, the Virginia General Assembly has enacted the
Community Diversion Incentive Program which makes funds available
to jurisdictions within the Comonwealth for the purposes of diverting
qualified non-violent offenders fi:om the State penitentiaries for
the purpose of rehabilitating these offenders and allowing them the
opportunity to make restitution for their crimes; and
WHEREAS, the City of Virginia Beach is currently operating
such a program; and
WHEREAS, the Virginia Department of Corrections has approved
the necessary funding to continue the Virginia Beach Community Diver-
sion Program from July 1, 1985 through June 30, 1986 to accomplish
the objectives stated above.
NOW, THEREFORE, BE IT ORDAINED BY TliE COUNCIL OF THE CITY
OF VIRC-INIA BEACH:
That the City Manager is hereby authorized to accept the
grant for the City and funds are hereby appropriated for the
following purposes:
Estiniated Revenue Tr.Cal Total
fran oth encies match Appropriations
CDI Prc>grarn
$122,800 $0.00 $122,800
BE IT FURTHER ORDAINED that two personnel positions are
hereby authoiized for the duration of the grant to be paid from the
grant with the classes of the employees to be determined by the City
Manager.
FIRST READING: June 17, 1985
SECOND READING: Juiie 24, 1985
Adopted by the Council of the City of Virginia Beach on the
24 day of ii,n@ 1985.
APP%@ ip@NTENT
SirNATURE
DEPARTMENT
- 35 -
Item II-J.10
CONSENT AGENDA ITE14 # 23838
Upon motion by Couiicilwoman Creech, seconded by Couiicilman McCoy, City
Council APPROVED an orditiance, on FIRST READING, to accept and appropriate
a grant of $9,685,684 from the U.S. DEPARTMENT OF EDUCATION for PROJECT
#1-937 SALEM JUNIOR HIGH SCHOOL.
Voting: 11-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jetiliings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Mmebers Absent:
None
Juiie 24, 1985
- 35a -
AN ORDINANCE TO ACCEPT AND APPROPRIATE
A GRANT OF $9,685,684
FROM THE U. S. DEPARTMENT OF EDUCATION
FOR PROJECT #1-937 SALEM JUNIOR HIGH SCHOOL
WHEREAS, the City of Virginia Beach School Board has applied for
and received approval of a grant from the United States Department of
Education for construction of a junior high school along Recreation Drive
which is designated as project #1-937 Salem Junior High School, and
WHEREAS, the amount of the federal grant is estimated at
$9,684,685, and
WHEREAS, in order to properly account for these funds, it will
be necessary to record the grant as revenue and to appropriate the funds to
project #1-937.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the grant of $9,684,685 from the United States
Department of Education is hereby accepted and the funds are appropriated to
project #1-937 Salem Junior High School in the School Capital Projects Fund.
BE IT FURTHER ORDAINED, that the appropriations be offset by an
increase of $9,684,685 in estimated revenues in the Engineering and Highways
Capital Project Fund.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
day of 19
June 24, 1985
FIRST READING:
SECOND READING:
June 24, 1985
- 36 -
Item II-J.11
CONSENT AGENDA ITEM # 23839
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Couiicil ADOPTED an Ordinance Authorizitig Tax Refunds iii the amount of
$1,222.47 upon applicatioli of Certaiii Persons aiid upon Certification of
the City Treasurer for PaymeDt.
Voting: 11-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeliliings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Heiiry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Votiiig Nay;
Noiie
Council Members Absent:
None
Jutie 24, 1985
FORM NO. C.A- 7
6/11/85 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 follovving applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Nuiiiber tion No. Paid
Charles Wyatt 85 pp 176695-5 5/15/85 9.00
John L Foil 85 pp 53789-3 5/15/85 30.00
Vernon J Lawson Jr 84 pp 190098-9 12/5/85 210.00
Craig S Rentz N/A Pkng 46942 5/29/85 10.00
Weaver Brothers Inc 85 RE(1/2) 87358-3 11/23/84 24.17
Allstate Enterprises Mort 85 RE(1/2) 44234-4 12/5/84 26.17
Sovran Mortgage Corp 82 RE(1/2) 42141-3 11/18/81 13.62
Sovran Mortgage Corp 82 RE(2/2) 42141-3 5/27/82 13.62
Sovran Mortgage Corp 83 RE(1/2) 43523-8 12/3/82 15.88
Sovran Mortgage Corp 83 RE(2/2) 43523-8 5/26/83 15.88
Sovran Mortgage Corp 84 RE(1/2) 45802-4 12/5/83 19.40
Sovran Mortgage Corp 84 RE(2/2) 45802-4 6/5/84 19.40
Otis C Barber 85 RE(1/2) 4513-0 12/4/84 106.00
Otis C Barber 85 RE(2/2) 4513-0 5/16/85 106.00
Allstate Enterprises Mort 82 RE(1/2) 34653-0 11/27/81 5.76
Allstate Enterprises Mort 82 RE(2/2) 34653-0 6/5/82 5.76
Allstate Enterprises Mort 83 RE(1/2) 35808-0 12/5/82 6.40
Allstate Enterprises Mort 83 RE(2/2) 35808-0 6/5/83 6.40
Allstate Enterprises Mort 84 RE(1/2) 37679-1 11/22/83 6.40
Allstate Enterprises Mort 84 RE(2/2) 37679-1 6/5/84 6.40
Allstate Enterprises Mort 85 RE(1/2) 40479-6 12/5/84 6.40
Earl T Hayden 83 RE(1/2) 35350-2 12/5/82 10.00
Earl T Hayden 83 RE(2/2) 35350-2 6/5/83 10.00
Earl T Hayden 84 RE(1/2) 37205-4 12/5/83 12.00
Earl T Hayden 84 RE(2/2) 37205-4 6/5/84 12.00
Earl T Hayden 85 RE(1/2) 39978-4 11/26/84 14.00
Total $720.66
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
--- $720..66 were approved by
the Council of the City of Virginia
Beach on the 24 day of Juiie, 1985
Approved as t rm:
Ruth Hodges Smith
City Clerk
n, City Attor e@@
FORM NO. C.A. 7 6/4/85 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 Exotiera- Date Penalty lnt. Total
Year of Tax Number tion No. Paid
Willie E Johnson 84 pp 80357-9 3/22/85 165.59
C K Rockefeller 84 pp 129707-1 6/5/84 55.86
Wickes Companies 83 pp 186935-5 4/30/85 187.48
Collateral Investment Co 85 RE(2/2) 53213-0 12/5/84 92.88
Total 501.81
JUN 6 1.%S
DEPrT- OF LAW
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$ 5n I - A I ---- were approved by
the Council of the City of V inia
i,9
24 ine, 1985
Beach on the--.-day of
Approved as t
Ruth Hodges Smith
City Clerk
le-@imson'City Attorney
3 7
Item II-J.12
CONSENT AGENDA ITEM # 23840
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance Authorizing License Refulids in the amount of
$5,687.78 upon applicatioii of Certaiii Persons and upon Certification of the
Commissioner of Reveiiue.
Voting; 11-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClaiiaii, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Couiicil Members Voting Nay:
None
Couiicil Members Absent;
None
June 24, 1985