Title
Resolution Authorizing the Grant of a Dumpster Enclosure Use Agreement to Partnership for a new Phoebus, Inc., Over a Portion of City Property Known as 8 South Hope Street for the Use of a Brick Enclosure to House Solid Waste Containers for Use by Certain Restaurants and other Retail Businesses in the Vicinity of the Enclosure
Purpose
PURPOSE/BACKGROUND:
See Discussion.
Discussion:
A City (public) parking lot is located at the corner of County Street and Hope Street (addressed as 8 Hope Street; LRSN 12001367). In 2016, out of concern for public health and safety, the City constructed in the corner of that lot a brick enclosure for the purpose of providing a shielded area to house solid waste containers for use by certain restaurants in the vicinity of that enclosure. This service was facilitated through that certain Phoebus Dumpster Enclosure Agreement dated April 1, 2016 between the City of Hampton and Richard G. Levin (the "2016 Agreement"), an owner of much of the property bordering the parking lot, and landlord to the tenants then needing an avenue for solid waste disposal. Subsequent to that agreement, Phoebus experienced substantial economic growth, including several more restaurants and other retail establishments along Mellen Street and in the immediate vicinity of the parking lot and dumpster enclosure. With that the need for expanded waste disposal has become a necessity. The Partnership for a new Phoebus, Inc. (the "Partnership") agreed to take responsibility for expanding that service, and contracted with a vendor to provide daily waste disposal (Monday - Saturday) for certain retail and restaurant establishments adjacent to the parking lot.
The arrangement with the Partnership has been successful for the past five (5) years. It has provided participating businesses with a shared, enclosed, and locked location for solid waste disposal while allowing the Partnership to coordinate removal service with Bay Disposal Waste Management. The need for a coordinated waste disposal option for businesses near the parking lot continues. Renewing the agreement would allow the established service to continue at the same location. A copy of that agreement is attached to this Agenda Item.
Impact:
Continuation of a coordinated waste disposal service for nearby businesses, with regular collection and an enclosed location helps maintain the cleanliness, health, and appearance of the public parking area and surrounding district.
Recommendation:
Rec
Conduct a public hearing and approve the Resolution.
Body
WHEREAS, the City is the owner of real property located at 8 Hope Street (LRSN 12001367) in Phoebus (the "Property");
WHEREAS, in 2016, the City constructed a brick enclosure on the portion of the Property to shield and house solid waste disposal containers for use by certain adjacent restaurant businesses and for the betterment of the public's health and welfare;
WHEREAS, since 2016, Phoebus has experienced substantial economic growth, including the addition of several more restaurants and other retail businesses; and the Partnership for a new Phoebus, Inc. (the "Partnership") agreed to take responsibility for expanding solid waste services and intends to contract with a vendor to provide daily waste disposal (Monday - Saturday) for certain retail and restaurant establishments adjacent to the parking lot;
WHEREAS, the current agreement has an expiration date of September 30, 2026, but the Partnership has continued to comply with the terms of that agreement; and
WHEREAS, Staff recommends continuing support of the Partnership in this effort, as the regular collection from an enclosed location helps maintain the cleanliness, health, and appearance of the public parking area and surrounding district.
NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That it approves the Dumpster Enclosure Use Agreement, as prepared and approved by the City Attorney, by and between the City of Hampton and the Partnership for a new Phoebus, Inc. for the use of that certain brick enclosure located on the Property to provide solid waste disposal services for the addresses set forth in that agreement, with an effective date of October 1, 2026; and
2. That the City Manager or her Authorized Designee is authorized to execute and deliver to the Partnership for a new Phoebus, Inc that use agreement.