HomeMy WebLinkAboutJANUARY 3, 1983 MINUTES
Cit@<Df -Vi@Wi@iet
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. JONES, B.y,id@ B.,@.gh
VICE-MAYOR BARBARA M. HENLEY. P@@g. B@,..gh
10liN A. BA UM, BI.,k..t@, B.,..gb
NANCY A. CREECH, A, L.,V
IIAROLD IIEISCIIOBER, At L..,g@
H. JACK JENNINGS, JR., Ly@,,b..@. B...gb
ROBERT G. JONES, A, I,.,g@
W. It. KITCIIIN, til, Vigi@... B@.@b
REBA S. @1,CLANAll, A@@@ B.,..gh
1. HENRY @1,COY, JR., K@.p@,ill@ B@,..gh 212 CITY HALL BUILDTNG
MEYERA E. OBERNDORF, At L.,g, I MU,VICIPAL CENTER
VIRGI.IiIA BEACH, VIRGINTA 23456
RUTH HODGES SMITH, CMC. Cily Cl-,k (804) 427-4303
CITY COUNCIL AGENDA
January 3, 1983
ITEM I INFORMAL SESSION: 12:30 p.M.
A. CALL TO ORDER - Mayor Louis R. Tones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Discussion Regarding Cox Cable's Decision to Realign Chann@l
Options: Mr. Roger Pierce, Cox Cable Tidewater.
2. Revenue and Expenditures Report Throuqh November 30, 1982;
Discussion.
3. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend J. E. Foster, Jr.
Thalia Lynn Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of December 20, 1982.
E. PROCLAMATION
1. city of virginia Beach: 1963-1983 -- 20th Anniversary
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted
by one motion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that item
will be removed from the Consent Agenda and considered separately.
1. Resolution establishing a policy for the procurement
ng services
of professional architectural and engineeri
by the city of virginia Beach, Virginia.
2. Resolution authorizing the replacement of an existing
structure with a 12' x 70' free-standing mobile home
at 5548 Buzzard Neck Road in the Pungo Borough.
3. Ordinance to authorize the purchase of a new trolley,
transfer the security lien from the damaged unit to
the replacement unit, and transfer funds of $5,034
from the General Fund Reserve for Contingencies towards
the purchase of a new trolley.
4. Ordinance to transfer funds of $5,000 from the General
Fund Reserve for Contingencies as a contribution to
the Committee for Intergoverrunental Tax Equity (CITE).
5. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Holly Avenue to Mr.
Martin Schara, his heirs, assigns and successors in
title.
6. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Chesapeake Bay Drive to
Dr. Jerry Shulman, his heirs, assigns and successors
in interest.
7. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Lake James Drive and
Indian River Road to the Lake James Homes Association.
ITEM II F. CONSENT AGENDA (cont'd)
8. Bingo/Raffle Permits (.cont'd):
Virginia Beach Skating Club Bingo/Raffle
Plaza Little League, Inc. Bingo/Raffle
Aragona-Pembroke Little League Bingo/Raffle
G. PLANNING ITEMS
1. Application of Lisa C. Pascarosa for a change of zoning from
R-6 Residential District to 0--1 Office District on a 7,740.78-
square foot parcel located along the north side of Boyd Road,
west of South Plaza Trail (,Lynnhaven Boroughl.
Letter from the City Manager transmits the reco=nendation of
the Planning Coinmission for approval.
2. Application of The Bailey Wick Company, A Virginia General
Partnership, for a change of zoning from A-2 Apartment District
to A-3 Apartment District on a 1.138-acre pa-rcel located along
th@so@th side of Old Virginia Beach Boulevard, east of
West Lane (Lynnhaven Borough).
Letter from the City Manager transmits the recoi=endation of
the Planning Commission for denial.
3. Application of Cavalier Properties/Hilltop, a Limited Partnership,
for a change of zoning from B-2 Coununity-B.Usiness District to
A-2 Apartment District on an 11.6-acre parcel located along
h@e west side of First Colonial Road, south of Wolfsnare Road
(Lynnhaven Borough).
Letter from the City Manager transmits the -recot=endation of
the Planning Commission for approval.
4. Application of OGM Retirement Facilities for a conditional use
permit for a home for the aged on an 1-1.6-acre pa-rcel located
along the west side of First Colonial Road, south of Wolfsnare
Road (Iynnhaven Borough).
Letter from the City Manager transmits the recommendation of
the Planning Commission for app-roval.
5. Application of the City of Virginia Beach, Department of General
Services, for a conditional use permit for a sanitarium (non-
niedical Environmental Alcohol Detoxification Center) on a
7,500-square foot parcel (.172 acre) located along the south
side of 18th Street, east of Pacific Avenue (.Vi-rginia Beach
Borough). This item was expedited on November 8, 1982.
Letter from the City Manager transmits the reco@ndation of
the Planning Commission to allow withdrawal of the application.
ITEM II F. CONSENT AGENDA (Cont'd)
B. Bingo/Raffle Permits,
Hampton Roads Youth Hockey
Association Bingo/Raffle
Star of the Sea School Bingo
Chesapeake Bay Skating Club Bingo/Raffle
Kehillat Bet Hamidrash
Synagogue Bingo/Raffle
Aragona Community Recreation
Center Bingo/Raffle
Diamond Springs Gardenwood
Park Civic League Bingo
Gymstrada Team Parents'
Association Bingo/Raffle
Loyal Order of Moose -
Aragona Village Lodge #1198 Binao/Raffle
Princess Anne Band Parents
(Marching Cavaliers) Bingo
Green Run Marching Stallions Bingo/Raffle
9. Request of the City Treasurer for tax refunds in the atnount
of $1,564.87.
G. ORDINANCE
1. Ordinance to amend Sections 2-214 through 2-220 of the Code
of the City of Virginia Beach, and to bring the City into
mandatory compliance with the 1982 Virginia Public
Procurement Act. (This item was deferred until today on
December 20, 1982.)
City Manager recommends approval.
H. APPOINTMENTS
1. Community Corrections Resource Board
2. Old Incinerator Site Committee
I. UNFINISHED BUSINESS
J. NEW BUSINESS
1. Drainage Ditch - Wildflower Court
ITEM II K. RECESS FOR EVALUATIOM OF COUNCIL APVOINTEES
1. Motion to Recess into Executive Session.
L. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 3, 1983
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Louis R. Jones, in the
Conference Room, City Hall Building, on Monday, January 3, 1983,
at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Harold Heischober, and W. H. Kitchin, III
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ITEM #19271
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION
pursuant to the exemptions from opening meetings allowed by
Section 2.1-344 Code of Virginia, as amended, for the following
purposes:
1. PERSONNEL MATTERS: Discussion or consideration
of employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. LEGAL MATTERS: Consultation with legal counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to proceed into the EXECUTIVE SESSION
following the INFORMAL SESSION.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, III
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M A T T E R S B Y T H E M A Y 0 R
HAPPY NEW YEAR ITEM #191.72
Mayor Jones wished all Members of Council, Council Appointees,
Staff and Citizens a very Happy New Year.
C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
COX CABLE ITEM #19273
The City Manager advised he asked Mr. Robert M. Pierce, Mid-East
Regional Manager for Cox Cable, to make a presentation to Council
concerning the removal of Stations WTTG Washington, D.C., and
WGN Chicago, Illinois, with two new satellite services, Cable
Health Network and Nashville Network.
Mr. Pierce advised that last year the Motion Picture Association
of America, supported by other owners of copyrighted material,
proposed a hike in royalty fees charged to cable systems for
carrying certain distant stations. As a result, the Federal
Government's Copyright Royalty Tribunal issued new rules which
have increased royalty fees cable companies must pay by as much
as 1,500%, effective January 1, 1983.
Mr. Pierce advised Cox Cable will delay changing the lineup
and take the additional ten (10) weeks (March 15, 1983) to
take public opinion surveys as well as showing the public
and City Councils what options and services are available
to the citizens.
MEMORANDUMS TO COUNCIL ITEtt #19274
The City Manager advised Council of two (2) memoranda presented
for their information:
To the City Manager from Charles K. Davis, Department
of General Services regarding the Council Chambers
Sound System.
To the City Manager from Michael J. Barrett concerning
Cablecasting of City Council Meetings.
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REVENUE AND EXPENDITURES REPORT
THROUGH NOVEMBER 30, 1982 IiE@l #19275
The City Manager advised he asked Mr. Giles G. Dodd, Assistant
to the City Manager/Finance, to make a presentation to Council
concerning the City's Revenues and E,,penditures through
November 30, 1982.
Mr. Dodd advised that revenues in the General Fund, excluding
general property taxes, through November 30, 1982, amounted to
$36,307,493 or 34.2% of the total estimated for the year. This
compares with 33.7% of annual revenues reported through
November 30, 1981, and 29.6% through November 30, 1980.
The amount shown as General Property Taxes is the current net
levy due December 5, 1982, as well as delinquent collections
and adjustments on prior year's levies. The December report
will also present the collections through December 31, 1982,
on the current net levy.
In the "Other Local Taxes" category, the Finance Department
prepared Exhibit A-1 which shows each major revenue source
within this category. Thorough November 30, 1982, it still
appears that taxes on cigarettes and hotel rooms are running
below estimates. However, other local taxes in the aggregate
appear to be in line with the total estimated for the year.
In the "From the Commonwealth" category, Exhibit A-2 has been
prepared which shows each source if receipts are estimated in
excess of $1-Million and a combined "other" amount for all other
Commonwealth sources. In the aggregate, this category appears
to be in line with the total estimated for the year.
Exhibit A-2 shows that revenue from ABC Profits through November
30, 1982, amounted to $452,498 which is 41.1% of the annual
estimate. This percentage compares with 26.1% collected for
the similiar period in FY 1982 and 26.0% in FY 1981. The
percentage for FY 1983 is misleading, however, since the City
has received two quarterly distributions through November 30, 1982,
whereas only one had been received through November 30 in FY 1982
and FY 1983. Also, the ABC Board has changed the method of
distributing this revenue and the City shall not be able to
determine how the City collections are progressing until the end
of the year.
Sources for road maintenance and state share of sales taxes are
somewhat below expectations.
Expenditures and encumbrances tbrough November 30, 1982, continue
to be incurred at a rate less than FY 1982 and FY 1981. The
$53,264,588 shown is 28.3% of tbe total appropriated for the
year. This compares with expenditures incurred for the similiar
per iod in FY 1982 of 35 .3% of to tal and 37. 1 % in FY 198 1 .
Excluding the transfer from the General Fund, revenues in the
School Operating Fund through November 30, 1982, amounted to
$21,201,864 or 40.4% of the total estimated for the year. This
compares to revenues of 37.5% reported through a similiar
period in FY 1982 and 36.5% in FY 1981. Therefore, when trans-
fers from the General Fund are made, total revenues should be
somewhat better than anticipated.
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Expenditures and encumbrances through November 30, 1982, totaled
$35,229,401 or 30.6% of the total appropriated for the year. it
appears to be in line with expectations as 30.6% of total has
been expended through the comparable period in FY 1982 and 31.9%
in FY 1981.
Revenues in the Water and Sewer Enterprise Fund through
November 30, 1982, amounted to $9,305,288 or 37.1% of the
annual estimate. Through November of FY 1982, 32.5% was
reported whereas 30.9% was reported in FY 1981. The
additional funds in FY 1983 are in "Use of Money and Property"
(Tnterest Earned), service charged and water and sewer main
extensions and line fees.
Expenditures and encumbrances through November 30, 1982, totaled
$11,122,031 or 41.6% of the total appropriated for the year. Tbis
compares with 35.7% in FY 1982 and 38.6% in FY 1981.
It should be noted that the total budget amount of $26,741,467
shown in FY 1983 does not include depreciation charges; whereas,
actual totals for FY 1982 and FY 1981 include depreciation.
Depreciation in FY 1982 amounted to $3,399,075. If this amount
was deleted from the FY 1982 total expenditure figure of
$24,972,812, then the percentage expended through November for
that year would be 41.4%. The FY 1983 percentage of 41.6%
compares favorably with this.
REVIEW OF CONSENT AGENDA ITEM #19276
Councilwoman McClanan advised it was her understanding, as a
matter of clarification with the Procurement Ordinance, there
is no City Policy concerning the areas of Accounting, etc.,
within the City of Virginia Beacb.
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DRAINAGE DITCH ITEM #19277
Councilman Jennings requested information concerning the progress
of the Drainage Ditch Studies.
The City Manager advised this matter was being researched by
his Staff as to available equipment for a maintenance program.
it was requested by Council a BRIEFING SESSION be held on this
matter in February of 1983.
City Council recessed into the EXECUTIVE SESSTON, (1:47 p.m.)
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
3 January 1983
2:30 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Harold Heiscbober, and W. H. Kitchin, III
INVOCATION:* Reverend J. E. Foster, Jr.
Thalia Lynn Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*Agenda stated Thalia Lynn Presbyterian Church
-8 -
M I N U T E S
ITEM 11-D.1 ITEM #19278
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to APPROVE the Minutes of the
Regular Meeting of December 20, 1982.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, Ill
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P R 0 C L A M A T T 0 N
ITEM II-E.1 ITEM #19279
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman
Creech, City Council voted to RECORD the Proclamation proclaiming
the week of April 24-30, 1983 as a week of celebration in
commemoration of the City's 20th Birthday.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitcbin, III
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.d 4b
WHEREAS, on January 1, 1963 the City of Virginia Beach and the
County of Princess Anne merged to form the present City of Virginia
Beach;
WHEREAS, on that date the City of Virginia Beach became a City
of 310 square miles with a population of approximately 85,000 and has
grown to become the largest City in the Commonwealth of Virginia with a
population of over 283,000;
WHEREAS, Virginia Beach has a community and a government rich
in history dating back to the landing of the first permanent English
settlers at Cape Henry in 1607 and the construction of the Court House
area at Princess Anne in 1824;
WHEREAS, it is important for our City to take time to recognize
and preserve our history for our citizens and future generations;
NOW, THEREFORE, 1, Louis R. Jones, Mayor of the City of
Virginia Beach, do hereby proclaim the week of April 24-30, 1983 as a
week of celebration in commemoration of the City's 20th Birthday and
call upon our citizens to recognize this celebration by their participation
in the activities of this week and throughout the year.
0.
May
1 2 -
C 0 N S E N T A C E N D A
ITEM II-F ITEM #19280
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the CONSENT AGENDA by ONE MOTION with the
exception of II-F.4 which will be considered separately.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heiscbober, and W. H. Kitchin, III
THE MAYOR'S SIGNATURE IS ON THE ORIGINAL
MINUTES IN OUR BOUND MINUTE BOOKS
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ITEM II-F.1 ITEM #19281
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution establishing a policy for
the procurement of professional architectural and engineering
services by the City of Virginia Beach, Virginia.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, Ill
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A RESOLUTION ESTABLISHING A POLICY FOR
THE PROCUREMENT OF PROFESSIONAL
ARCHITECTURAL AND ENGINEERING SERVICES
BY THE CITY OF VIRGINIA BEACH, VIRGINIA
SECTION 1. It shall be the policy of the City of Virginia
Beach to announce projects, select consultants and negotiate
agreements for architectural and engineering services on the basis
of demonstrated competence and qualification for services required
and at fair and reasonable fees.
SECTION 2. Architectural or engineering services are those
professional consulting services associated with research, development,
design and construction, alteration, or repair of real property, as
well as incidental services that members of these professions and
those in their employ may logically or justifiably perform including,
but not limited to, studies, investigations, surveys, evaluations,
consultations, planning, programming, conceptual designs, plans and
specifications, cost estimates, inspections, and other related services.
SECTION 3. Architects and Engineers are encouraged to submit
statements of current qualifications and performance data for registra-
tion and reference purposes. The Federal Government Standard Form 254
and Standard Form 255 may be included in this data. These statements
will be kept by the City and used as a basis for preliminary selection.
The City may announce projects which require architectural or engineering
services to qualified firms on file with the City by publicizing
descriptions periodically in newspapers, by posting announcements of
projects on a bulletin board, or any other methods to publicize the
need for consulting services.
SECTION 4. After expressions of interest are received, a review
shall be made by the using agency of all firms responding to determine
those firms best qualified for the services desired. A minimum of
three firms shall be selected for interview from among those responding
or on file.
The interview, for selection purposes, shall be performed by a
Committee of five (5)individuals. ar:-Ieast-tzwe-(2@-ef-wkeiR7-@iReludiRg
tke-Chair-man@7-Skall-be-a-li:eeRsed-EiigiReer-7 The Committee shall
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consist of
AssistaRts-aREI-a-r-epr-esemPza#-i.ve-ef-r:ke-Ageney.---EitEher--t-he-Gi:t:y
ERgimeer-er--the-UtEi.lir:ies-Eng@neeE-shall-aet-as-ChaiEfRaR-ef-tEhe
GemmitteeT two individuals from Public Utilities, two individuals
from Public Works, and a representative of the Agency for which the
project is being provided. At least one member of Public Works and
-one of Public Utilities shall be a licensed Engineer. The Committee
members shall be appointed by the Director of their respective Depart-
ments. A licensed Engineer of Public Works or Public Utilities shall
act as Chairman of the Committee. A member of the City Manager's
Office shall also serve on the Committee as an ex-officio member.
Factors to be considered for selection purposes are:
1. The expressed desire of the firm to perform the
services.
2. Professional qualifications of the staff or design
team to be assigned to this projedt.
3. The extent of specialized experience of the firm in
the type of work required.
4. The capacity of the firm to accomplish the work in
the required time.
5. The degree of familiarity of the firm and the
particular project requirements.
6. Past performance of the firm on similar projects in
general and City projects in particular.
7. Experience and qualification of any consultants to be
used by the architect and engineer.
8. Volume of work previously awarded to the firm by the
City.
9. Evidence of cost control effectiveness.
10. Proximity of the firm to the project.
The selected firm shall be submitted to the Director of Public
Works or Public Utilities, as appropriate, for his concurrence.
Afterwhich, a recommendation will be sent to the City Manager for
final approval.
Section 5. Negotiations of the Agreement shall be initiated with
the selected firm only, and shall be conducted by the representative
of Public Works or Public Utilities, as appropriate. Should satis-
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factory terms fail to be reached, negotiations with that firm shall
be terminated and initiated with a second, then third firm, until a
satisfactory agreement is reached.
Negotiations shall be based on a definitive scope of work and
period of performance with attendant manpower, material, and service
estimates. Established fee schedules or curves shall be used for
comparative purposes only, and not as a basis of justification of
any proposed fee.
Section 6. Architectural and engineering agreements shall be
executed by the proper City official.
Section 7. Upon completion of the project, an evaluation of
the performance of the architectural and engineering firm may be
placed on file to indicate excellence or deficiencies in the service
rendered. This information shall be maintained on file for reference
purposes in future project awards. Further, it shall be open for
review by the subject firm who may tender any observations felt to
be appropriate as a matter of record in such files.
Section 8. The above procedures do not apply to:
1. Contracts involving estimated fees of less than
$10,000.
2. Contracts administered by another agency to which
the City is signatory.
3. Contracts of an emergency nature.
This resolution shall become effective upon date of adoption.
ADOPTED by the Council of the City of Virginia Beach, Virginia
on the Third day of January 1983.
- 1 7 -
ITEM II-F.2 ITEM #19282
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution authorizin@. the replacement
of an existing structure with a 12' x 70' free-standing mobile
home at 5548 Buzzard Neck Road in the Pungo Borough.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, III
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At a meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
City Hall Building, on the 3rd day of January , 1983.
On motion by Councilman Baum and seconded by
Councilman McCoX the fof@i7i-@g -r6-s6f tion was alopted.
R E S 0 L U T I 0 N
WHEREAS, Edward C. Mast and Ann Etheridge Mast desire
to replace an existing free-standing mobile home with a larger
model located on their property at 5548 Buzzard Neck Road, in the
Pungo Borough of the City of Virginia Beach, a thirty-two (32)
acre parcel, zoned AG-2, as described in Deed Book 1235, at Page
618, on file in the Circuit Court Clerk's Office in the City of
Virginia Beach; and
WHEREAS, the free-standinq mobile home does not conform
to the provisions of the Comprehensive Zoning Ordinance because
free-standing mobile homes are not allowed in the AG-2,
Agricultural District; and
WHEREAS, pursuant to S105(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 that the replacement and
enlargement of the nonconforming free-standing mobile home,
located at 5548 Buzzard Neck Road, in the Pungo Borough of the
City of Virginia Beach, as shown on the attached drawing, 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 replacement of the existing
structure with a 121 x 701 free-standing mobile home, as shown on
the attached drawing, provided that the structure is placed on
the property in accordance with all other zoning and health
requirements.
Adopted by the Council of the City of virginia Beach,
virginia, on Januarv 3. 1983
RJN/cb
12/2 9/82
(2)
- 1 9 -
ITEM II-F.3 ITEM #19283
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to authorize the purchase of
a new trolley, transfer the security lien from the damaged
unit to the replacement unit and transfer funds of $5,034
from the General Fund Reserve for Contingencies toward the
purchase of a new trolley.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, III
20 -
AN ORDINANCE TO AUTtiORIZE THE PURCHASE
OF A NEW TROLLEY, TRANSFER THE SECURITY
LIEN FROM THE DAMAGED UNIT TO THE
REPLACEMENT LJNIT, AND TRANSFER FUNDS OF
$5,034 FROM THE GENEPAL FUND
RESERVE FOR CONTINGENCIES TOWARDS
THE PURCHASE OF A NEW TROLLEY
WHEREAS, on November 20, 1982, the city's trackless trolley
#6 was destroyed by fire, and
WHEREAS, the burned unit was being lease purchased with
Southern National Leasing and a security lien had been recorded in the
title, and
WHEREAS, Southern National Leasing has agreed to transfer the
balance of the security lien from the burned unit to the replacement
unit, accept title to a replacement unit, and return the original title
to the city, should the city desire to replace the trolley, and
WHEREAS, the city will receive from the insurance coverage on
the burned unit and the city's self-insurance fund a total of $56,000,
and
WHEREAS, the purchase price of a new trolley based on a pre-
vious low bid is $61,033.33, and
WHERFAS, additional funding of $5,034 is needed to purchase a
new trolley and funding is available from the General Fund Reserve for
Contingencies
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT the City Manager is hereby authorized to
replace the burned trolley and enter into the necessary agreements to
transfer the security lien from the burned unit to the replacement
unit.
BE IT FURTHER ORDAINED THAT funds of $5,034 be transferred
from the General Fund Reserve for Contingencies and with the insurance
and self-insurance proceeds be placed in the Department of Parks and
Recreation, Virginia Beach Transit budget for the purchase of a new
trolley to replace the burned unit.
ADOPTED: January 3, 1983
- 2 1 -
ITEM II-F.5 ITEM #19284
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of Holly
Avenue to Mr. Martin Schara, his heirs, assigns and successors
in title.
Approval is subject to the following:
1. The owner agrees to remove the encroachment
when notified by the City, at no expense to
to the City.
2. The owner agrees to keep and hold the City
free and harmless of any liability as a
result of the encroachment.
3. The owner agrees to maintain said encroachment
so as not to become unsightly or hazardous.
4. The owner agrees to construct the "proposed
stairs" with a minimum setback of five-feet
from the edge of the pavement on Holly Road.
This setback is necessary to prevent a
possible traffic hazard.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitcbin, III
2 2 -
Requested By: Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY HOLLY AVENUE TO MR. MARTIN
SCHARA, HIS HEIRS, ASSIGNS AND SUCCESORS
IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Mr. Martin Schara, his heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of Holly Avenue.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining two sets of
stairs and that said encroachment shall be constructed and
maintained in good repair in accordance with the City of Virginia
Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a portion
of the City's right-of-way known as
Holly Avenue, on the certain plat
entitled: "PHYSICAL SURVEY EXPANDABLE
PARCEL 'B' PLAT OF 224 & 226 58th STREET
A CONDOMINIUM LOTS A & B RE SUBDIVISION
OF LOTS 13, 14, 22, & 23 BLOCK 8
UBERMEER,. a copy of which is on file in
the Department of Public Work and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Mr. Martin Schara, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Mr. Martin Schara and that Mr. Martin Schara his
- 2 3 -
heirs, assigns and successors in title shall bear all costs and
expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Mr. Martin Schara, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Mr. Martin Schara executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 3rd day of January 198n@.
MES/re
11/3/82 APPROVED AS TO CONTE,4T
(29D)
@GNATURE
DI-All,ll,,T
CIIY A7--@,@,!Ey
-2-
- 2 4 -
ITEM II-F.6 ITEM #19285
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of Chesapeake
Bay Drive to Dr. Jerry Shulman, his heirs, assigns and
successors in interest.
Approval is subject to the following:
1. The owner agrees to remove the encroachment
when notified by the City, at no expense to
the City.
2. The owner agrees to keep and hold the City
free and harmless of any liability as a
result of the encroachment.
3. The owner agrees to maintain said encroachment
so as not to become unsightly or hazardous.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, Ill
- 2 5 -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY CHESAPEAKE BAY DRIVE TO
DR. JERRY SHULMAN, HIS HEIRS,
ASSIGNS AND SUCCESORS IN INTEREST
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Dr. Jerry Shulman, his heirs, assigns and successors in
interest is authorized to construct and maintain a temporary
encroachment into the right-of-way of Chesapeake Bay Drive.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a set of stairs
and that said encroachment shall be constructed and maintained in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's right-of-way known as
Chesapeake Bay Drive, on the certain plat
entitled: "PLAN OF STAIRS TO BEACH,' a
copy of which is on file in the
Department of Public Work and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Dr. Jerry Shulman, his heirs, assigns and
successors in interest and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Chesapeake Bay Drive and that Dr. Jerry Shulman,
his heirs, assigns and successors in interest shall bear all
costs and expenses of such removal.
2 6 -
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Dr. Jerry Shulman, his heirs, assigns and
successors in interest shall indemnify and hold harmless the City
of Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Dr. Jerry Shulman, his heirs,
assigns and successors in interest executes an agreement with
the City of Virginia Beach encompassing the afore-mentioned
provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 3rd day of January lgq3.
MES/re
11/5/82
(29C)
APPROVED AS TO CONTENT
SIGNATURE
DEPARTMENT
A:)P@VED.Al TO tZr
i
-2-
- 2 7 -
ITEM II-F.7 ITEM #19286
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of Lake James
Drive and Indian River Road to the Lake James Homes Association.
Approval is subject to the following:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment
so as not to become unsightly or hazardous.
4. The owner agrees to construct said encroachment
outside of the 20-foot visibility triangle.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, III
- 2 8 -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF LAKE JAMES DRIVE AND
INDIAN RIVER ROAD TO THE LAKE JAMES
HOMES ASSOCIATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Lake James Romes Association is authorized to
construct and maintain a temporary encroachment into a portion of
the City right-of-way of Lake James Drive and Indian River Road.
That the temporary encroachment herein authorized is
for the purpose of constructing a community identification sign
and that said community identification sign shall be constructed
in accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Lake
James Drive and Indian River Road, as
shown on that certain plat entitled:
"PROPOSED ENTRANCE SIGN LOCATIONS FOR
LAKE JAMES ENCROACHMENT E'SM'T," a copy
of which is on file in the Virginia Beach
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of the Lake James Homes Association
and within thirty (30) days after such notice is given, said sign
shall be removed from the City right-of-way of Lake James Drive
and Indian River Road by the Lake James Homes Association and
that the Lake James Homes Association shall bear all costs and
expenses of such removal; and PROVIDED FURTHER, that it is
expressly understood and agreed that the Lake James Homes
Association shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
- 2 9 -
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such sign;
and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Lake James Homes Association executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 3rd day of January 19 8 3
MES/re
11/10/82
(29A)
A P@,
7:), i,,@A
-2-
- 30 -
ITEM II-F.8 ITEM #19287
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the following Bingo/Raffle Permits:
Bingo/Raffle Hampton Roads Youth Hockey
Association
Bingo/Raffle* Star of the Sea School
Bingo/Raffle Chesapeake Bay Skating Club
Bingo/Raffle Kehillat Bet Hamidrash Synagogue
Bingo/Raffle Aragona Community Recreation
Genter
Bingo Diamond Springs Gardenwood Park
Civic League
Bingo/Raffle Gymstrada Team Parents'
Association
Bingo/Raffle Loyal Order of Moose - Aragona
Village Lodge #1198
Bingo Princess Anne Band Parents
(Marching Cavaliers)
Bingo/Raffle Green Run Marching Stallions
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, Ill
*Corrected from Agenda
- 3 1 -
ITEM II-F.9 ITEM #19288
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the request of the City Treasurer for
Tax Refunds in the amount of $1,564.87.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, III
FORM NO. C.A. 7 - 3 2 - 12/16/82 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATFON OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA SEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. Paid
Bank of Virginia Mortgage 80 RE(1/2) 78796-7 12/5/79 44.36
Bank of Virginia Mortgage 80 RE(2/2) 78796-7 6/5/80 44.36
Bank of Virginia Mortgage 81 RE(1/2) 70689-3 12/5/80 40.16
Bank of Virginia Mortgage 81 RE(2/2) 70689-3 6/5/81 40.16
Bank of Virginia Mortgage 82 RE(1/2) 73675-2 12/5/81 43.16
Bank of Virginia Mortgage 82 RE(2/2) 73675-2 43.16
David & Joann Grainger 83 RE(1/2) 31284-2 10/18/82 17.88
Raymond & Patricia Fels 83 RE(1/2) 25685-9 11/10/82 39.03
Raymond & Patricia Fels 83 RE(2/2) 25685-9 11/10/82 39.03
James E Jones 82 pp 147791-1 11/19/82 193.50
Nettie M Mitchell 82 pp 87871-0 6/5/82 60.78
John T Johnson 82 pp 66030-1 11/2/82 10.83
John T Johnson 82 pp 66031-0 11/2/82 15.67
John T Johnson 82 pp 66032-9 11/2/82 10.70
John T Johnson 82 pp 66033-2 11/2/82 45.94
John Rodgers 82 Pkng 82238 7/24/82 12.00
Nellie S Gatling 82 Pkng 71769 11/18/82 10.00
James L Parker 82 Pkng 65156 11/22/82 10.00
Sally Warren 82 Pkng 65157 11/23/82 10.00
Robert H Bennett 82 Pkng 65149 11/29/82 10.00
W Leigh Ansell 82 Pkng 65152 11/29/82 15.00
Helen S Moir 82 Pkng 65153 11/24/82 10.00
Edwin H Brooks 82 Pkng 71773 11/28/82 10.00
Total 775.72
Dc@c 2,,3 1982
DEPT. OF ",W
This ordinance shall be effective from date of adoption.
The above abatement(s@ totaling Ce to pa
$ 7 7 5 . 7 2 We're approved by
the Council of the City of Virginia
Beach on the@r"day f January
J ohil Atkin'son- treasurer
Approved as to form:
Ruth@odges Smith
City Clerk
DaFe -Bimsdn, city Attorney
FORM NO. C.A. 7 - 3 3 - 12/9/82 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Don Patterson 83 Dog V09242 12/2/82 5.00
Paul & Dorothy Geiger 83 RE(1/2) 29463-9 10/19/82 35.48
Cornelius H Woolard 82 pp 153925-8 11/18/82 152.28
Jack M Rary 82 pp 103613-8 5/24/82 191.76
Ralph Giannini 82 pp 146151-7 11/10/82 90.00
Peninsula R E Trust 81 RE(1/2) 46952-3 8/17/82 15.99
Peninsula R E Trust 81 RE(2/2) 46952-3 8/17/82 15.29
Basin Road R E TrUst 81 RE(1/2) 46955-0 8/17/82 21.88
Basin Road R E Trust 81 RE(2/2) 46955-0 8/17/82 20.92
Elizabeth F Baumann 82 RE(1/2) 5006-4 12/5/81 240.55
Total 789.15
This ordinance shall be effective from date of adoption.
@pg?@q,T abate.e,,t(s) totaling to payment;
ere approved by
the Council of the City of Virginia
Beach on the 3 day of January
i-kinso@,-Tr@ea4urer
Rut<Hodges Smith Approved as to form:
City Clerk I&xf4tl@ ),7.11@lKt
ale Bimdon, City Attorney I 0
- 34 -
ITEM II-F.4 ITEM #19289
Upon motion by Councilman McCoy, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to transfer funds of $5,000
from the General Fund Reserve for Contingencies as a con-
tribution to the Committee for Intergovernmental Tax
Equity (CITE).
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, Mayor Louis R. Jones, Robert G. Jones,
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr., and Reba S. McClanan
Council Members Absent:
Harold Heischober, and W. H. Kitchin, IIT
- 3 5 -
AN ORDINANCE TO TPANSFER
FUNDS OF $5,000 FROM THE GENERAL
FUND RESERVE FOR CONTINGENCIES
AS A CONTRIBUTION TO THE
COMMITTEE FOR INTERGOVERNMENTAL
TAX EQUITY (CITE)
WREREAS, within the City of Virginia Beach there are over 20,000
acres of federal property representing approximately 12% of the total
land area of the city, and
WHEREAS, this federal property is not taxable by the City and
represents a loss in real estate tax revenue of approximately
$9,500,000 at the current tax rate, and
WHEREAS, CITE, a national organization, is addressing the tax
exempt status of the federal government and supporting legislation in
Congress which would provide for federal payments in lieu of taxes for
federal property, and
WHERF.AS, CITE is requesting financial support for its efforts and
the City Council of Virginia Beach believes that a centralized unified
approach as offered by CITE is an excellent way to have an impact on
the proposed payments in lieu of taxes legislation, and
WHEREAS, the City Council desires to contribute $5,000 towards
the efforts of CITE.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH THAT funds of $5,000 be transferred from the General
Fund Reserve for Contingencies to the City Council budget as a contri-
bution to CITE for its efforts to establish federal payments in lieu of
taxes for federal property.
This ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Third day of January 1983.
- 3 6 -
0 R D T N A N C E S
TTEM II-C.1 ITEM #19290
Upon motion by Councilman Jones, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to amend Sections 2-214
through 2-220 of the Code of the City of Virginia Beach, and
to bring the City into mandatory compliance with the 1982
Virginia Public Procurement Act and AMEND Section 1-3 (by
removing the comma) to read as follows:
The Purchasing Agent shall be head of the Division
of Purchasing and under the supervision of the
Director of Finance.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, III
3 7 -
AN ORDINANCE TO AMEND SECTIONS 2-214 THROUGH
2-220 OF THE CODE OF THE CITY OF VIRGINIA
BEACH, AND TO BRING THE CITY INTO MANDATORY
COMPLIANCE WITH THE 1982 VIRGINIA PUBLIC
PROCUREMENT ACT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 2-214 through 2-220 are hereby amended
and reordained as follows:
ARTICLE 1.
DIVISION OF PURCHASING
Sec. 1-1. Establishment and composition of division of
purchasing.
There is hereby established, within the Department of
Finance, a division of Purchasing, which shall consist of the
Purchasing Agent and such other officers and employees, as may be
provided by ordinance or by orders or directives consistent
therewith. (Code 1981, S2-214)
Sec. 1-2. Purchasing authority.
The Purchasing Division shall be responsible for
procuring all materials, supplies, equipment and services for all
City departments and agencies exclusive of the Virginia Beach
School System. In addition, the Division shall be responsible
for centralized control and disposal of excess, obsolete and
salvageable materials and equipment.
No officer or employee of the City government has the
authority to contract for the procurement of materials, supplies,
equipment or services except the City Purchasing Agent or such
employee as may be designated by the City Manager or City
Council. (City of Virginia Beach Purchasing Ordinance,
Sec. 2)
Sec. 1-3. Duties and powers of purchasing agent.
The Purchasing Agent shall be the head of the division
of Purchasing and, under the supervision of the Director of
Finance. He shall have the authority to award contracts. (Code
1981, SS2-216)
- 38 -
The Purchasing Agent shall have the power and it shall
be his duty to:
(a) Endeavor to obtain as full and open competition as
possible on all purchases and sales.
(b) Except where established by ordinance, or
resolution of Council, establish such rules, regulations and
policies as he/she deems necessary for the internal management
and operation of the division of Purchasing.
All rules, regulations and policies shall be subject to
the approval of the City Manager and shall be approved by the
City Attorney as to form and legality. The Purchasing Agent
shall have the authority to award contracts within the purview of
this Ordinance. (Code 1981, S2-215)
ARTICLE 2.
GENERAL POLICIES AND PROCEDURES FOR
CONTRACT FORMATION AND ADMINISTRATION.
Sec. 2-1. Competitive bidding in qeneral.
It shall be the responsibility of the Purchasing
Division to obtain as full and open competition as is possible
and practical on all purchases and sales through competitive
sealed bidding, or through any other method of procurement
authorized by this or other sections. (City of Virginia Beach
Purchasing Ordinance, Sec. 7)
Upon a determination in writing that competitive sealed
bidding is either not practicable or not advantageous to the
CLARIFICATION public, purchases or sales may be made without competitive
bidding. The writing shall document the basis for this
determination. (Virginia Code, 1982 Supp., SS11-41)
upon a determination in writing that there is only one
source practicably available for that which is to be procured, a
CLARIFICATION contract may be negotiated and awarded to that source without
competitive sealed bidding. The writing shall document the basis
for this determination. (Virginia Code, 1982 Supp., 511-41)
where it is possible and practical, formal sealed bids
shall be obtained for all purchases with a dollar value of
-2-
- 3 9 -
$1,000.00 or more. Purchases under single or term contracts of
less than $1,000.00 are made on the basis of informal bids.
These may be obtained either by written or telephonic quotation.
Where at all possible or practical, these purchases shall be
based upon the solicitation of three or more sources. (City of
Virginia Beach Purchasing Ordinance, Sec. 7).
Bids shall be submitted to the Purchasing Agent in a
sealed envelope and shall be clearly marked or identified. Bids
shall be opened in public at the time and place stated in the bid
form. (City of Virginia Beach Purchasing Ordinance, Sec. 7)
The Purchasing Agent shall have the authority to accept
or reject any or all bids, or any portion thereof, and to enter
into any contract deemed to be in the best interest of the City.
(City of Virginia Beach Purchasing Ordinance, Sec.7)
The City may waive informalities in bids.
All bids shall contain an anti-collusion statement
which shall be sworn to by the vendors. (City of Virginia Beach
Purchasing Ordinance, Sec. 7).
The provisions of this section shall not be applicable
to professional or consultant services, nor shall this section be
applicable to purchases made through agencies of the State or
jointly with other political subdivisions of the State.
(Code 1981, SS2-220)
Sec. 2-2. Emergency purchases.
In case of an emergency during normal working hours
which requires immediate purchase of supplies or contractual
services, the Purchasing Agent shall have the authority to
secure, by the open market procedure, at the lowest obtainable
price, any supplies or contractual services, regardless of the
amount of the expenditure. A full report of the circumstances of
an emergency purchase so made shall be filed by the Purchasing
Agent with the City Manager. (Code 1981, SS2-218)
In case of an emergency, not within normal working
hours, the Purchasing Agent may authorize the head of any City
department to purchase directly any supplies, not to exceed
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$5,000.00, the immediate procurement of which is essential to
prevent delays in the work of the department which may vitally
affect the public health, safety or welfare, or to protect or
preserve public properties without delay. The head of such
department shall send to the Purchasing Agent a requisition and a
copy of the delivery record, together with a full written report
of the circumstances of the emergency. The report shall be filed
by the Purchasing Agent. (Code 1981, 92-219)
In all cases of emergency purchases, the using agency
shall submit a written report to the Purchasing Agent, siqned by
the Department Head, detailinct the aspects of the emergency. The
written report shall be accompanied by a requisition form and a
confirming purchase order will be issued. (City of Virginia
Beach Purchasing Ordinance, Sec. 6)
An emergency shall be defined as a situation in which
the immediate public health, safety or welfare is involved, or
the purchase is required to protect or preserve public properties
without delay. (City of Virginia Beach Purchasing Ordinance,
Sec. 6)
Sec. 2-3. Competitive biddinq on state-aid projects.
No contract for the construction of any building or-for
an addition to or improvement of an existing building for which
state funds of $100,000 or more, either by appropriation,
grant-in-aid or loan, are used or are to be used for all or part
of the cost of construction shall be let except after competitive
MANDATORY bidding. The procedure for the advertising for bids and letting
of the contract shall conform, mutatis mutandis, to this
Ordinance. No person or firm shall be eligible to bid on any
such contract nor to have the same awarded to him or it who has
been engaqed as architect or engineer for the same project.
(virginia Code, 1982 Supp., SS11-41.1)
Sec. 2-4. Bidder's list.
The Purchasing Aqent shall maintain a bidder's list
containing the names of all responsible prospective suppliers who
have requested their names to be included on such lists. The
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Purchasing Agent, where deemed necessary, can require these
requests to be made in writing and may require anv additional
literature or references as he may feel pertinent. (City of
virginia Beach Purchasing Ordinance, Sec. 11)
Sec. 2-5. Debarment.
The Purchasing Agent shall have the authority to remove
any vendor from the bidders' lists when the public interest will
be best served thereby. This may be caused by any vendor
defaulting on their quotations or contracts, or anv other
behavior on the part of a vendor which is deemed by the
Purchasing Agent to be unethical, harmful to the City, or in any
other way not to the best interest of the City. (City of
Virginia Beach Purchasing Ordinance, Sec. 11)
Reasons for such removal shall be outlined in writinq
by the Purchasing Agent and sent by certified or registered mail
ION to the contractor so removed at least ten (10) days prior to the
date set for receipt of bids.
Sec. 2-6. Use of brand names.
Unless otherwise provided in the Invitation to Bid, the
name of a certain brand, make or manufacturer does not restrict
bidders to the specific brand, make or manufacturer named; it
convey the
y article desired, and any article which the City in its sole
discretion determines to be the equal of that specified,
considering quality, workmanship, economy of operation, and
suitability for the purpose intended, shall be accepted.
(Virginia Code, 1982 Supp., 511-49)
Sec. 2-7. Specifications for purchases.
Where at all possible, detailed, definite
specifications will be used for purchases. However, in instances
where trade names and model numbers are used to designate the
quality of the merchandise desired, it is always specified that
an alternate of equal or better quality may be proposed. The
decision of approval of all alternates shall be between the
Purchasing Division and the using department. The burden of
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proving that an alternate is equal shall rest with the vendor.
(City of Virginia Beach Purchasing Ordinance, Sec. 8)
Written comments from prospective bidders (vendors)
concerning specifications or alternatives may be accepted by the
CLARIFICATION Purchasing Agent for consideration if submitted at least ten (10)
days prior to the date set for receipt of bids.
Sec. 2-8. Advertisement for bids.
Formal bids shall be legally advertised both by direct
written solicitation of vendors and by posting a listing of bids
in the office of the Purchasing Division. where it is deemed
necessary, the Purchasing Agent may chose to advertise bids in
the local newspapers, trade publications or other facilities of
his choosing. (City of Virginia Beach Purchasing Ordinance, Sec.
9)
Sec. 2-9. Awarding contracts.
Contracts shall be awarded to the lowest responsible
CLARIFICATION and responsive bidder. In determining the lowest bidder, the
following factors shall be considered:
1. Price.
2. Ability, capability and skill of the bidder to
perform the contract.
3. Whether the bidder can perform the contract
promptly or within the time frame specified.
4. The character, integrity, reputation, judgment,
experience and efficiency of the bidder.
5. The quality of performance of previous contracts.
6. The financial resources and ability of the bidder
to perform the contract.
7. The ability of the bidder to provide future
maintenance for the use of the subject of the contract. (Contract
may be for services, supplies, equipment, etc.). (City of
Virginia Beach Purchasing Ordinance, Sec. 10)
Sec. 2-10. Withdrawal of bid due to error.
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A bidder for a construction contract, other than a
contract for construction or maintenance of public highways, may
withdraw his bid from consideration if the price bid was
substantially lower than the other bids due solely to a mistake
therein, provided the bid was submitted in good faith, and the
mistake was a clerical mistake as opposed to a judgment mistake,
and was actually due to an unintentional arithmetic error or an
unintentional omission of a,guantity of work, labor or material
made directly in the compilation of a bid, which unintentional
arithmetic error or unintentional omission can be clearly shown
by objective evidence drawn from inspection of original work
papers, documents and materials used in the preparation of the
bid sought to be withdrawn. One of the following procedures for
withdrawal of a bid shall be selected by the City and stated in
the advertisement for bids: (i) the bidder shall give notice in
writinq of his claim of right to withdraw his bid within two
MANDATORY business days after the conclusion of the bid opening procedure;
or (ii) the bidder shall submit to the City his original work
papers, documents and materials used in the preparation of the
bid within one day after the date fixed for submission of bids.
The work papers shall be delivered by the bidder in person or by
registered mail at or prior to the time fixed for the opening of
bids. The bids shall be opened one day following the time fixed
by the City for the submission of bids. Thereafter the bidder
shall have two hours after the openinq of bids within which to
claim in writing any mistake as defined herein and withdraw his
bid. The contract shall not be awarded by the City until the
two-hour period has elapsed. Such mis@ake shall be proved only
from the original work papers, documents and materials delivered
as required herein.
No bid may be withdrawn under this section when the
result would be the awarding of the contract on another bid of
the same bidder or of another bidder in which the ownership of
the withdrawing bidder is more than five percent.
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If a bid is withdrawn under the authority of this
section, the lowest remaininq bid shall be deemed to be the low
bid.
No bidder who is permitted to withdraw a bid shall, for
compensation, supply any material or labor to or perform aay
@ubcontract or other work aqreement for the person or firm to
whom the contract is awarded or otherwise benefit, directly or
MANDATORY indirectly, from the performance of the project for which the-
withdrawn bid was submitted.
.If the City denies the withdrawal of a bid under the
provisions of this section, it shall notify the bidder in writing
stating the reasons for its decision. (Virginia Code, 1982
Supp., 511-54)
Sec. 2-11. Retainage on construction contracts.
In any contract for construction which provides for
progress payments in installments based upon an estimated
percentage of completion, the contractor shall be paid at least
MANDATORY ninety-five percent of the earned sum when payment is due, with
not more than five percent being retained to assure faithful
performance of the contract. All amounts withheld may be included
in the final payment.
Any subcontract for a project which provides for
similar progress payments shall be subject to the same
limitations. (Virginia Code, 1982 Supp., SS11-56)
Sec. 2-12. Bid bonds.
Except in cases of emergency, all bids or proposals for
construction contracts in excess of $25,000 shall be accompanied
by a bid bond from a surety company selected by the bidder which
is legally authorized to do business in Virginia, as a guarantee
MANDATORY that if the contract is awarded to such bidder, that bidder will
enter into the contract for the work mentioned in the bid. The
amount of the bid bond shall not exceed five percent of the
amount bid.
No forfeiture under a bid bond shall exceed the lesser
of (i) the difference between the bid for which the bond was
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written and the next low bid, or (ii) the face amount of the bid
bond. (Virginia Code, 1982 Supp., SS11-57)
Sec. 2-13. Performance and payment bonds.
Upon the award of any public construction contract
exceeding $25,000 awarded to any prime contractor, such
contractor shall furnish to the City the following bonds:
1. A performance bond in the sum of the contract
amount conditioned upon the faithful performance of the contract
in strict conformity with the plans, specifications and
conditions of the contract.
.2. A payment bond in the sum of the contract amount.
Such bond shall be for the protection of claimants who have and
fulfill contracts to supply labor or materials to the prime
contractor to whom the contract was awarded, or to any
subcontractors, in the prosecution of the work,provided for in
such contract and shall be conditioned upon the prompt payrnent
for all such material furnished or labor supplied or performed in
MANDATORY the prosecution of the work. "Labor or materials" shall include
public utility services and reasonable rentals of equipment, but
only for periods when the equipment rented is actually used at
the site.
Each of such bonds shall be executed by one or more
surety companies selected by the contractor which are legally
authorized to do business in Virginia.
Such bonds shall be payable to the "Treasurer, City of
Virginia Beach."
Each of the bonds shall be filed with the City or a
designated office or offical thereof.
Nothing in this section shall preclude such contractor
from requiring each subcontractor to furnish a payment bond with
surety thereon in the sum of the full amount of the contract with
such subcontractor conditioned upon the payment to all persons
who have and fulfill contracts which are direct y with the
subcontractor for performing labor and furnishing materials in
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the prosecution of the work provided for i the subcontract.
(Virginia Code, 1'982 Supp., SS11-58)
Sec. 2-14. Action on performance bond.
No action aqainst t surety on a -oerformance bond
shal be brouqht unless within one year after (i) completion of
the ontract, includinq the exviration of all warranties and
f the defect or breach of
guarante or (ii) discover or r-ne cL-,-u,:@
warrantv, if the action be for such, in all other cases.
(virginia Code, 1982 Supp., ill-59)
Sec. 2-15. Actions on payment bonds.
Subject to the provisions of the second paragraph of
this section, anv claimant who has performed labor or furnished
material in accordance with the contract documents in the
prosecution of the work provided in any contract for which a
ent bond has been qiven, and who has not been paid in full
therefor before the expiration of ninety days after the day on
whi h such claimant Performed the last of such labor or furnish6d
the last of such materials for which he claims ]2ayment, may bring,
TORY an iction on suc i)avment bond t6 recover any amount due him-for
such labor or material, and mav prosecute such action to final
judgment and have execution on the judgment. The obligee named
in the bond need not be named a party o su@h action.
s a direct contractual r
with anV subcontractor from whom the contractor has not required
a subcontractor idavment bond under Sec. 2-13 but who has no
contractual relationship, exidress or implied, with such
contractor, may brinq an action on the contractor's pavment bond
on L notice to such contractor within 180
days from the dav on which the claimant Derformed the last of the
labor or furnished the last of the materials for which he claims
ent, statina with substantial accuracv the amount claimed and
the name of the oerson for whom the work was performed or to whom
the material was furnished. Anv claimant who has a direct
contractual relationship with a subcontractor from whom the
contractor has required a subcontractor avment bond under Sec.
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2-13 but who has no contractual relationship, express or implied,
with such contractor, may bring an action on the subcontractor's
payment bond. Notice to the contractor shall be served by
registered or certified mail, postage prepaid, in an envelope
addressed to such contractor at any place where his office is
regularly maintained for the transaction of business. Claims for
sums withheld as retainages with respect to labor performed or
materials furnished, shall not be subject to the time limitations
stated in this subsection.
Any action on a payment bond must be brought within one
year after the day on which the person bringing such action last
performed labor or last furnished or supplied materials.
(Virginia Code, 1982 Supp., Sll-60)
Sec. 2-16. Alternative forms of security.
In lieu of a bid, payment, or performance bond, a
bidder may furnish a certified check or cash escrow in the face
amount required for the bond.
If approved by the City Attorney, a bidder may furnish
a personal bond, property bond, or bank or savings and loan
associationts letter of credit on certain designated funds in the
face amount required for the bid bond. Approval shall be granted
MANDATORY only upon a determination that the alternative form of security
proffered affords protection to the City equivalent to a
corporate surety's bond. (Virginia Code, 1982 Supp., SS11-61)
Sec. 2-17. Employment discrimination by contractor prohibited.
The following provisions shall be included in every
contract of over $10,000;
1. During the performance of this contract, the
contractor agrees as follows:
a. The contractor will not discriminate against any
employee or applicant for employment because of race, religion,
MANDATORY color, sex or national origin, except where religion, sex or
national origin is a bona fide occupational qualification
reasonably necessary to the normal operation of the contractor.
The contractor agrees to post in conspicuous places, available to
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employees an@ applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
b. The contractor, in all solicitations or
advertisements for employees placed by or on behalf of the
contractor, will state that such contractor is an equal
opportunity employer.
.c. Notices, advertisements and solicitations placed in
accordance with federal law, rule or regulation shall be deemed
sufficient for the purpose of meeting the requirements of this
section.
2. The contractor will include the provisions of the
foregoing paraqraphs a, b and c in every subcontract or purchase
MANDATORY order of over $10,000, so that the provisions will be binding
upon such subcontractor or vendor. (Virginia Code, 1982 Supp.,
ARTICLE 3.
Ethics In Contracting.
Sec. 3-1. Purpose.
The provisions of this article supplement, but do not
supersede, other provisions of law including, but not limited to,
the Virginia Conflict of Interests Act (Virginia Code SS2.1-348 et
seq.), the Virginia Governmental Frauds Act (Virginia Code,
MANDATORY S18.2-498.1 et seg.), and Articles 2 and 3 of Chapter 10 of Title
18.2. The provisions of this article apply notwithstandinq the
fact that the conduct described may not constitute a violation of
the Virginia Conflict of Interests Act. (Virainia Code, 1982
Supp., SS11-72)
Sec. 3"2. Definitions.
The words defined in this section shall have the
meanings set forth below throughout this article.
MANDATORY 'Immediate family" shall mean a spouse, children, parents,
brothers and sisters, and any other person living in the same
household as the employee.
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"Official responsibility" shall mean administrative or
operating authority, whether intermediate or final, to initiate,
approve, disapprove or otherwise affect a procurement
transaction, or,any claim resulting therefrom.
"Pecuniary interest arising from the procurement" shall
mean a material financial interest as defined in the Virginia
Conflict of Interests Act (Virginia Code, SS2.1-348 et seg.).
'Procurement transaction" shall mean all functions that
pertain to the obtaining of any goods, services or construction,
includinq description of requirements, selection and solicitation
of sources, preparation and award of contract, and all phases of
contract administration. (Virginia Code, 1982 Supp., 511-73)
Sec. 3-3. Proscribed part i pa@ion by city employees in
procurement tra!cs ct ions.
No City employee havinp official responsibility for a
procurement transaction shall participate in that transaction on
behalf of the City when the employee knows that:
1. The employee is contemporaneously employed by a
bidder, offeror or contractor involved in the procurement
transaction; or
2. The employee, the employee's partner, or any member
of the employee's immediate family holds a position with a
bidder, offeror or contractor such as an officer, director,
MANDATORY trustee, partner or the like, or is employed in a capacity
involving personal and substantial participation in the
procurement transaction, or owns or controls an interest of more
than five percent; or
3. The employee, the employee's partner, or any member
of the employee's immediate family has a pecuniary interest
arising from the procurement transaction; or
4. The employee, the employee's partner, or any member
of the employee's immediate family is negotiating, or has an
arrangement concerning, prospective employment with a bidder,
offeror or contractor. (Virginia Code, 1982 Supp., SS11-74)
Sec. 3-4. Solicitation or acceptance of gifts.
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No City employee having official responsibility for a
procurement transaction shall solicit, demand, accept, or agree
to accept from a bidder, offeror, contractor or subcontractor any
payment, loan, subscription, advance, deposit of money, services
MANDATORY or anything of more than nominal or minimal value, present or
promised, unless consideration of substantially equal or greater
value is exchanged. The City may recover the value of anything
conveyed in violation of this section. (Virginia Code, 1982 Supp
Sll-75)
Sec. 3-5. Disclosure of subsequent employment.
No City employee or former City employee havinq
official responsibility for procurement transactions shall accept
employment with any bidder, offeror or contractor with whom the
employee or former employee dealt in an official capacity
concerning procurement transactions for a period of one year from
the cessation of employment by the City unless the employee or
MANDATORY former employee provides written notification to the City, or a
City official if designated by the City or both, prior to
commencement of employment by that bidder, offeror or contractor.
(Virginia Code, 1982 Supp., sll-76)
Sec. 3-6. Gifts by bidders, offerors, contractors or
subcontractors.
No bidder, offeror, contractor or subcontractor shall
confer upon any City employee having official responsibility for
a procurement transaction any payment, loan, subscription,
MANDATORY advance, deposit of money, services or anything of more than
nominal value, present or promised, unless consideration of
substantially equal or greater value is exchanged. (Virginia
Code, 1982 Supp., SS11-77)
Sec. 3-7. Kickbacks.
No contractor or subcontractor shall demand or receive
from any of his suppliers or his subcontractors, as an inducement
MANDATORY for the award of a subcontract or order, any payment, loan,
subscription, advance, deposit of money, services or anything,
5 1 -
present or promised, unless consideration of substantially equal
or greater value is exchanged.
No subcontractor or supplier shall make, or offer to
make, kickbacks as described in this section.
No person shall demand or receive any payment, loan,
subscription, advance, deposit of money, services or anything of
value in return for an agreement not to compete on a contract.
If a subcontractor or supplier makes a kickback or other
prohibited payment as described in this section, the amount
thereof shall be conclusively presumed to have been included in
the price of the subcontract or order and ultimately borne by the
City and will be recoverable from both the maker and recipient.
Recovery from one offending party shall not preclude recovery
from other offending parties. (Virginia Code, 1982 Supp.,
SS11-78)
Sec. 3-8. Purchase of building materials, etc., from
architect or engineer prohibited.
Except in cases of emergency, no building materials,
supplies or equipment for any building or structure constructed
by or for the City shall be sold by or purchased from any person
employed as an independent contractor by the City to furnish
MANDATORY architectural or engineering services, but not construction, for
such building or structure, or from any partnership, association
or corporation in which such architect or engineer has a
pecuniary interest. (Virginia Code, 1982 Supp., 511-79)
Sec. 3-9. Penalty for violation.
Willful violation of any provision of this article
shall constitute a Class 1 misdemeanor. Upon conviction, any
MANDATORY City emL:)loyee, in addition to any other fine or penalty provided
by law, shall forfeit his employment. (Virginia Code, 1982
Supp., Sll-80)
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 3 day of January 19 83
12/29/82
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A P P 0 1 N T M E N T S
ITEM II-H.1 ITEM #19291
Upon nomination by Councilwoman Oberndorf, City Council voted
to APPOINT the following to the COMMUNITY CORRECTIONS RESOURCE
BOARD for terms of two (2) years each, beginning January 1, 1983
and ending December 31, 1984, subject to their resumes being on
file in the Office of the City Clerk.*
Gene Alan Woolard
Mason M. Moton
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, III
*The Membership of the Board was increased from five (5)
to seven (7)
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N E W B U S I N E S S
ITEM II-J.1 ITEM #19292
The City Clerk introduced Tony R. Caish who wished to speak before
Council concerning the drainage ditch on Wildflower Court. Mr.
Caish was sponsored by Councilwoman McClanan.
Mr. Caish advised the drainage ditch is behind his house and
adjacent to Holland Elementary School. The ditch poses a
hazard to school children and provides a natural habitat for
snakes, mosquitos and rats. Also noticeable is the erosion
which is taking approximately one-inch of dirt and can be
verified by a large VEPCO Power Box which is now on an incline
and breaking away from the earthen support. The size of the
ditch is approaching depths in excess of five (5) feet and
widths of eight (8) to nine (9) feet.
During the Council Meeting of February 28, 1983, a BRIEFING
SESSION will be held at 4:00 p.m., in the Conference Room,
whereby the Staff will present an indepth report on drainage
facilities in the City.
Mrs. Connie Brewbaker Dillenseger spoke on this matter.
APPOINTEE EVALUATION ORDINANCE ITEM #19293
Councilman McCoy advised Council the Evaluation Ordinance
concerning Council Appointees should be reviewed and
perhaps change the Sections:
1. Not as much paper work in evaluating
Appointees.
2. Evaluate Appointees twice a year.
3. Could be more optional to read "on a
six-month basis if desired by any
member of Council".
4. Needs an indepth discussion of the
pay plan.
Councilman McCoy requested the Mayor appoint a committee to
study the Evaluation Ordinance.
Mayor Jones appointed Councilman Baum and Councilman McCoy to
review the Evaluation Ordinance and provide Council with a
proposal on this matter.
1 3 8 3
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ITEM #19294
Councilwoman Oberndorf advised Council of a memorandum received
from the City Clerk regarding a request from Attorney Grover C.
Wright, Jr., that City Council amend the Minutes of the
Regular Meeting of November 22, 1982.
The memorandum in question is concerned with the Christopher
Development Company approved by City Council on November 22,
1982, for a change of zoning on a 10.220-parcel of property
in the Kempsville Borough. Attorney Wright advised the City
Clerk that condition number five (5) was not a condition of
the intended use of the land since it applies to property owned
by R. G. Moore over which the applicant has no control.
Councilwoman Oberndorf asked the City Attorney if he was familiar
with the memorandum and is it a normal procedure for Council to
amend Minutes when requested by the applicant's Attorney?
The City Attorney advised it was not a normal procedure but
could be done; however, the letter is not legally binding
regardless of whether it was in the Minutes or not.
ITEM II-K.1 ITEM #19295
Upon motion by Councilwoman Creech, seconded by Councilman Jones,
City Council voted to RECESS into EXECUTIVE SESSION (3:35 p.m.),
for evaluation of Council Appointees after which to adjourn.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creechl,@ Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and W. H. Kitchin, III
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
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A D J 0 U R N M E N T
ITEM II-L.1 ITEM #19296
Upon motion duly made and seconded City Council adjourned at
6:00 p.m.
Diane M. Hick an, Del,.ty :L@ty Cl@rk
th Id,, Iith, .C Mayo nes
City Clerk
City of Virginia Beach,
Virginia
3 January 1983
dmh/asd