AUGUST 6, 1996 MINUTES
@it@ C>f
"WORLD'S LARGEST RESORT CMY'
,:I'FY (:OUN(@Tt
MAYOR MEYF.M F OBERNWRF. Al L@,@
VICE MAYOR WIUIAM D SE@MS, JR Al.@,,
JOIIN A BAUM, @.,h
l@INW@1) 0 AKAN(:H III, Vi'@.il @,l, h Rllrll,,h
WILUAM W IIARRI@)N, JR.
HAROLD IfEl@-IfOBPR, Al "I,,
M@RA M fiENLEY, P.@, @@,h
LOUIS R JONES, &,i& @,h
REBA S M@I.ANAN Pl@@11,11 A.I.@ A,,,,.Ih
N@(@Y K PA@ER, A@ L.,,
LOUISA M STRAYtioM, K,@p@ .11,
(III IfAi 1, Btli@IN6
]WES K SR)k@,, CITY COUNCIL AGENDA .') (OORIIIOUSE DMVL
@UE L VIRGINIA RIA(:Il, VIRCINIA 2145@ W@15
f757,12113(11
RUTH HO@M WITH. CM(: I @Er AUGUST 6, 1996
I. REVIEW OF AGENDA ITEMS - Conference Room - 1:00 pH
II. CITY COUNCIL CONCERNS
III. INFORMAL SESSION - Conference Room - 1:30 pH
A. CALL TO ORDER - Mayor Meyers E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber - 2:00 pH
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Alan G. Reifsnyder
Haygood United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS July 9, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
7he Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. PRESENTATION
BACK BAY NATIONAL WILDLIFE REFUGE
REVENUE SHARING IN LIEU OF TAXES
The Honorable Owen Pickett, United States Congress
John Stasko, Refuge Manager, Back Bay National Wildlife Refuge
Ken Merrit, Refuge Manager, Mackey Island
J. PUBLIC HEARING
1. LOCAL LAW ENFORCEMENT BLOCK GRANT
K. ORDINANCES/RESOLUTION
1. Ordinance to ACCEPT and APPROPRIATE a $257,123 Local Law
Enforcement Block Grant from the Federal Bureau of Justice
Assistance; TRANSFER $28,569 from the General Fund Reserve for
Contingencies as the City's required match re crime reduction
and improvement of public safety; and, increase estimated
revenue accordingly.
2. Ordinance to ACCEPT and APPROPRIATE to the FY 1996-1997 Mental
Health Mental Retardation Substance Abuse (KHRRSA) Operating
Budget; and, increase estimated revenue accordingly:
a. $183,700 State General Funds re waiting lists and
expanded programs;
b. $21,548 KOVAR Grant Funds re equipment for SKILLQUEST;
and,
C. $17,699 interest income re additional personnel costs
associated with personnel realignment.
3. Ordinance to APPROPRIATE $75,000 from the General Fund Balance
to provide an interest-free loan to the Davis Corner volunteer
Rescue Squad re purchase of a replacement ambulance.
4. Ordinance to AMEND Section 6-27 of the Code of the City of
Virginia Beach to establish an Appeal Process re hazardous
marine structures.
5. Ordinance to AMEND Section 23-46 of the Code of the City of
Virginia Beach, re public nuisances:
a. Definition
b. Notice requirements for abatement or removal
C. Removal by the City after reasonable notice
d. Assessment and collection of costs incurred by the City
for removal
6. Ordinances to declare EXCESS PROPERTY of the City of Virginia
Beach; and, authorize the City Manager to dispose of same:
a. Approximately 0.059 acre at the rear of 4960 Athens
Boulevard, in the petition of ROBERT S. and ELSIE P.
REYNOLDS (BAYSIDE BOROUGH)
b. One hundred fifty-three (153) square feet at the rear of
1661 Kepler Bend, Pine Meadows Subdivision, in the
petition of JAMES J. and BRENDA K. SAUCEDA (PRINCESS ANNE
BOROUGH)
7. Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of Kleen Street to Dragas Associates III,
L.C., re installation of metal security gates at the entrance
and exit to Leaner Pointe East Condos (LYNNHAVEN BOROUGH).
8 Ordinance to grant a franchise to Beach Wings (Atlantic Avenue
Sidestreet Cafe) to operate an open air cafe at 21st Street
and Atlantic Avenue from the date of adoption of this
Ordinance to April 30, 1997.
9. Resolution to authorize the City Manager to execute an
Agreement between the City of Virginia Beach and the
Commonwealth of Virginia, Department of Transportation (VDOT)
for administration of the Pungo-Park Connector Trail, Phase I
(CIP #4-961), between Landstown Road and the Virginia Beach
Municipal Center.
10. Tax refunds: $8,016.26.
11. License refunds: $11,208.69.
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
8/l/96/CMD
AGENDA\08\06\96.ITM
CITY OF @L4 BEACH
@Y OF COUNCIL ACTIONS
H
E 0 s
H I m B T
A s C E S R
DATE: July 9, 1M 8 R C H C R P E A
PAGE: 1 R R H E J L N A S Y
B A I 0 N 0 A D R S H
A N S 8 L N N 0 K 0 0
U C 0 E E E A R E M R
ITEM SULIECT MOTION /GTE M H N R Y S N F R S N
I OF AGENDA ITEMS
11 CITY COUNCIL OOWERNS
III/IV/ @TION OF EXECUTIVE CERTIFIED 9-0 y y A Y Y Y Y A y y y
E SESSION
F @ @ 2. 19M APPROVED 9-0 y y A Y Y Y Y A Y y y
G AGENDA FOR FORMAL SESSION @TED B y c 0 N s E N s u s
FVI/l re @ lnv"ment Study: Deferred 9-0 y y A y y y Y A y y y
until
44A-2" (RTDC Light CRY of @
modw," MIS to
Wckide spum to
Norfolk Naval
Bases and the
WWrt vath
considwabon of
WwatGd grade
at
AN
J/1 re to the City ADOPTED BY 9-0 y y A Y y Y Y A y y y
Code: CONSENT
a. 6-122.1/6-122.2/ADD
6-122.01 re of
N by @ undw age of
21 Mw @ing skohol.
b. @ 21 @ 5 re diar police
@ W"al to stop.
2 @ iO all*Wizo SW@t with ADOPTED BY 9-0 y y A y y y Y A y y
re r of @ vath CONSENT
@ of ph"@ 2A of @ No.
bW @d.
3 to APPROPRL4kTE UW,000 ADOPTED BY 9-0 y Y A y y Y Y A y y y
"wants@ *am FEMok to Virginia CONSENT
Task Fare* No. 2 re swtxky plan for
Garm" in Atlanta.
4/a/b Or@ re @ matches: ADOPTED BY 9-0 y y A y y y y A y y y
CC>NSENT
0 Bay @al Assistame
De@:
I - TE $30,@SFER
$15,792 re KA time
CM E@ I @ PWmwQ
2. APPROPRL4kTE $25,OOWTRANSFER
$17,m re 6A tme
E@l @w I vWtW
Virgh* De@ of Envkonmental
oumw.
1 - APPROPRIATE $20,000/TRANSFER
$10,000 re cr@ ot full Om
T@ I wkW PlamkV
5 to @ EXCESS ADOPTED BY @o y y A y y Y Y A y y
@/a@ oonvoyarr-o Of CONSENT
0.01 aaw an @
by
T@ MJJWK D. Tye @wN
@ion of 06 kxit r-o-w to City
(PFVNCESS ANNE 5MOLiGH).
CITY OF RE4CH
@Y OF COUNCIL ACTIONS
H
E 0 s
H I m a T
DokTE: JWy 9,1906 A s C E s R
PAGE: 2 8 R C H C R P E A
R R H E J L N A S Y
B A I 0 N 0 A D R S H
A N S B L N N 0 K 0 0
AGENDok U C 0 E E E A R E M R
ITEM SUBJECT MOTION /OTE M H N R Y S N F A S N
6 CER@TE OF PL)BUC APPROVED BY @O Y Y A Y Y Y Y A Y Y Y
CONVENIENCE AND NECESSITY: OC)NSENT
KII R. UEWU @ @e (\NRGMA BY CON-SENT 94 y y A y y y y A y y y
BEACH ALLOWED
ADDIT@
a. @ at @ Avenue 180 DokYS FOR
b. PwoW,l: 2M wW 30th Str"w COMPUANCE
c. P@ 2: AA"ay north of 27th St BY 1/14197
Approved, to comph@: 1/g/96
2 POTTMS WVESTMENT APPROVED BY 9-0 y y A Y y y Y A y y y
@ dm" of portion of Pottom CONSENT
PAM at @ Drive (LYNNHAVEN SUBJECT TO
COMPLIANCE
BY 1/14/97
3 JOHN L HA@ V@ bD @ion DEFEFTRED TO 9-0 y y A Y y y Y A y y y
4.4(b @ mW CZO/Sedion 8/13/" BY
4.4.(c@ rA imb hwm @ to public CC>NSENT
dreet at 3WO Uft Haven Road
(LYNNHokVEN BOROUGH)
4 RET@ @ED, INC. CUP: APPROVEC)/ 9-0 Y Y A Y Y Y Y A Y Y Y
im o ldr Vw Aged on Shore CONDITIONED
P4*d (BAYSIDE
5 PC$ PFUMEOO, L.P. CUP: APPROVED/ 9-0 y A Y Y Y Y A Y Y Y
@ (OA@ to CONDITIONEI
1393 Bakor Road BY CONSENT
(ILAYMN @) I I I I I
6 APPFqOVED/ 8-0 y A A y y y y A y y y
COMLVJNICATOW, LP. CUP: CONDlTlOt4ED
@ at 2401 North
PAM (MNCESS ANNE
7 PM @, agwvt for AT & T APPROVED/ 9-0 y y A y y Y Y A y y y
Whdm PCs Inc.. CUP: ROOAOP CONDIT@D
unmoved n: BY CONSENT
LAl 2101 P@ Avenue (\ARGINA
@ @GH)
b. Al 2916 @o Ddve (LYN@\(EN
WR@)
c. Al 3M P%o AwnL* (LYNNMVEN
a QRACE OOVENAKR PRESSYTEAL4M APPROVEDT 9-0 y y A Y y y Y A Y Y y
CHUFA)H OF @ESS ANNE CUP: CC)NDITIONED
on @ Arww
TriLW (PFUNCESS A14NE
9 OF@ @H APPROVED/ 9-0 y y A y y y y A y y y
OONDOmemum @TK*. imc., CONDITK)NED
CLJP. @ Veftig R"ort to add BY CDNSENT
at 3666 Road
10 SYSTEMS, @ COZ from APPROVED/ 9-0 y y A y
0-2 to @l 1-1 on Expr@way PROFFEFIED
(KEMPS\ALLE BY CONSENT
CffY OF
Y OF ACTIONS
H
E 0 s
AH I m B T
s C E S R
DATE: JLily 9,1996 5 R C H C R P E A
PAGF-: 3 R R H E J L N A S Y
B A I 0 N 0 A D R S H
A N S B L N N 0 K 0 0
AGENDA U C 0 E E E A R E M R
ITEM SUMCT MOTION IOTE M H N R Y S N F R S N
11 WWMY, w- APPROVED/ 5-3 Y y A Y N A N A N Y Y
(r to 30-acre site OONDITK)NED
of @ FAm LAnd U" Pion re AS REIASED
TION of 7.5 mm @
fmw to @ or
m~ @ an P@ Anro
@d
DO*Ted
9. INS
L APPOINTMENTS: FR=SCHEDULED 8 y c 0 N
HEALTH @S ADVISORY BOARD
MIN NT. 5:20 PM
0
..........
OOUNCIL RECESS
JULY 10 - 31,1996
..........
- 2 -
AGENDA RE VIEW SESSION
1:00 PM.
ITEM # 41045
Council Lady McCianan referenced.
K4 Ordinance to "END Section 6-27 of the Code of the City of
Virginia Beach to establish an AApeat Process re hazardous
marine structures.
Council Lady McClanan referenced lines 51 and 5Z Page 2:
(e) Any property owner aggrieved of a determination of the Director of
Public Works or his agent may appeal such determination to the City
Manager or his designee, in @ting, within ten (10) calendar days on
which such determination was mailed
Council Lady McClanan believed ten calendar days could be a problem with the postal service. Many of
the property owners in Sandbridge do not live within the area. Council lady McClanan wished this
amended to fifteen (15) business days
ITEM # 41056
BY CONSFNSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCESIRESOLUTION
KI Ordinance to ACCEPT andAPPROPRL4TE a $257,123 Local
Law Fnforcement Block Grant from the Federal Bureau of
Justice Assistance; TRANSFER $28569 from the General
Fund Reserve for Contingencies as the City's required match re
crime reduction and improvement of public safety; and,
increase estimated revenue accordingly.
K2 Ordinance to ACCEPT and APPROPRL4 TE to the FY 1996 -
1997 Mental Health Mental Retardation Substance Abuse
(MHMRS,4) Operating Budget; and, increase estimated revenue
accordingly:
a. $183,700 State General Funds re %Wdng @ and expanded
programs,,
b. $21,548 KOVAR Grant Fun& re equipment for SKILLQUEST;
and,
c. $17,699 interest income re additional personnel costs
associated with personnel realignment.
K3 Ordinance to APPROPRL4TE $75, 000 from the General Fund
Balance to provide an interest-free loan to the Davis Corner
Volunteer Rescue Squad re purchase of a replacement
ambulance.
K4 Ordinance to AMEND Section 6-27 of the Code of the City of
llirginia Beach to establish an Appeal Process re hazardous
marine structures.
August 6, 1996
- 3 -
AGENDA RE VIEW SESSION
1:00 PM.
ITEM # 41046 (Continued)
K5 Ordinance to Section 23-46 of the Code of the City
of lrtrginia Beach, re pubfic nulvances:
a. Definition
b. Notice requirements for abatement or removal
c. Removal by the City after reasonable notice
d Assessment and collection of costs incurred by the City
for removal
K6 Ordinances to declare EXCESS PROPERTY of the City of
Virginia Beach; an4 authorize the City Manager to dispose of
same:
a. Appraximately 0.059 acre at the rear of 4960 Athens
Boulevar4 in the petition of ROBERT S. and ELSIE P.
REYNOLDS (BAMDE BOROUGH)
b. One hundred fifty-three (153) square feet at the rear of
1661 Kepler Beni4 Pine Meadows SubdiWsion, in the
petition of J"ES J. and BRENDA K SAUCEDA
(PRINCESS ANNE BOROUGH)
K7 Ordinance to authorize a temporwy encroachment into a
portion of the right-of-way of Kleen Street to Dragas
Auw@s III, L.C., re installation of metal security gates at
the entrance and exit to Lesner Pointe East Condos
(LYNNHAVEN BOROUGH).
K8 Ordinance to grant a franchise to Beach Wings (Atlantic
Avenue Sidestreet Cafe) to operate an open air cafe at 21st
Street and Atlantic Avenue from the date of adoption of this
Ordinance to April 30, 1997.
K9 Resolwion to authorize the City Manager to execute an
Agreement between the City of lrzrginia Beach and the
Commonwealth of lrzrginia, Department of Transportation
(VDOT) for administration of the Pungo-Park Connector
7'rai4 Phase I (CIP #4 -961), between Landstown Road and the
l'irginia Beach Municipal Center.
KIO Tax refunds: $8,016.26.
KII License refunds: $11,208.69.
**K4 will be "ENDED to reflect 15 business days rather than 10 calendar days on Line 51.
August 6, 1996
- 4 -
ITEM # 41047
Mayor Meyera E. OberndDrf called to order the INFORAL4L SESSION of the tlRGINL4 BEACH CITY
COUNAL in the Council Chamber, City Hall Building, on 7uesday, August 6,1996, at 1:10 P.M.
Council Members Present.
John A. Baum, Harold Heischober, Barbara M. Henley, Louis R Jones,
Reba & McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Absent.-
Linwood 0. Branc& III and William W Harrison, Jr.
August 6, 1996
- 5 -
ITEM # 41048
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUT@
SESSION, pursuant to Section 2 1 -344, Code of ;rzrginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employmen4 assignment, appointment,
promotion performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
21-344 (A) (1).
TO WI t.. Appointments - Boards and Commissions:
Development Authority
Health Services Advisory Board
Parks and Recreation Commission
Public Library Board
School Related Cmnmittees
Virginia Beach Crime Task Force
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2 I -344(A)(7).
To - Wit.- Lake Gaston Water Supply Project
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value ofproperly owned or desirable for
ownership by such institution pursuant to Section 21-344(A)(3).
To - Wi t.- Southeastern Expressway and Greenbelt
Burton Station
Disposition of Property - Hampton Roads Soccer Council
Upon motion by Councibnan Baum, Seconded by P ice Mayor Sessotm, City Council voted to proceed into
EXECUTNE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Barbara M. Henley, Louis P, Jones,
Mayor Meyera E. Oberndorf Reba S. McCianan, Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branc/4 III, and William W Harrison, Jr.
August 6, 1996
- 6 -
FORMAL SESION
WRGINL4 BEACH CITY COUNCIL
August 6,19%
2:00 P.M.
Ma),or Meyera E. Oberndorf called to order the FO SESSION of the J,7RGVVL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 6, 1996, at 2:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branch, III, T+tlliam W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E. Oberndo?f Nancy K Parker, Rice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOC4TION., Reverend Alan G. Reifsnyder
Haygood United Methodist Church
PLEDGE OF ALLEGL4NCE TO THE FL4G OF THE UNITED STATES OF "ERICA
Vice Mayor Sessotm, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a 'personal interest' as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. 7he Vice Mayor regularly makes this Disclosure as he
may or many not know of the Bank's interest in any application that may come before City CounciL rice
Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record.
AUGUNI 6, 1996
7
Itein IV-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM 0 41049
Upon motion by Vice Mayor Sessonw, seconded by Council Lady Rrayhom, City Council CERTIFIED
TRE EXECUTRE SESSION TO BE IN ACCORDANCE WITH 77[E MOTION TO RECESS.
Only public business matters @lly exempted from Open Meeting
requirements by Virginia law were discussed in Fxecutive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Fxecutive Session were heard, discussed or considered by
Virg@ Beach City CounciL
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessonw, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 6. 1996
Ergo u I* Ott
CERTIFICArnON OF EXECUTIVE SESSION
VIRGINIA BEACH CrrY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUT'IVE SESSION,
pursuant to the affirmative vote recorded in ITEM 0 41048 Page No. 5 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE rr RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were kientified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Rulh Hodges Smffh, CMC/AAE
City Clerk August 6, 1996
8
Itein IV-F. 1.
MINUTES ITEM # 41050
Upon motion by Vice Mayor Sessona, seconded by Council Lady Strayhom, City Council APPROIIED,
the Minutes of the INFORMAL AND FORMAL SESSIONS of July 9,1996.
Voting: 10-0
Council Meinbers Vohng Aye:
John A. Bautm Linwood 0 Branc/4 III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba S. McCianan, Mayor Meyera E. Obemdorf
Nancy K Parker, Vice Mayor lfflliam D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting N4y:
None
Council Members Abstaining:
William W Harrison, Jr
Council Members Absent:
None
COUnCilMM Harri$On ABSTAINED as he was not in attendance during the City Council Session of July
9,1996.
August 6, 1996
- 9 -
item IV-G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 41051
BY CONSEIVS@ City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 6, 1996
- 10 -
Itein IV-L 1.
PRESENTATION ITEM # 41052
BACK BAY NATIONAL WILDLIFE REFUGE REVENUE SHARING
IN LIEU OF TAXES
ITEM # 41026
The Honorable Owen Pickettu, United States Congress, accompanied by John Stasko, Refuge Manager -
Back Bay National Wildlife Refuge and Ken Merrit, Refuge Manager - Macky Island, presented payment
from the Federal Government in the amount of $204,269.00, Check #3148 59922153, representing Back
Bay National Wildlife Refuge Revenue skaring in lieu of taxes.
Mayor Oberndorf expressed appreciation for the funds and cooperation with the City of Virginia Beach.
Louis Cullipher, Director of Agriculture, with gratitude, advised these funds would be utilized for the
Agriculture Reserve Program.
August 6, 1996
- 11 -
item IV-LZ
PRESENTATION ITEM # 41053
Mayor Oberndorf introduced the following Boy Scout in attendance to earn his merit badge for
communications. Brian is one badge away from Eagle.
BOY SCOUT TROOP 3"
Bayside Presbyterian
Brian Facemire
August 6, 1996
- 12 -
Itan IY-L Z
PRESENTATION ITEM # 41054
Councilman Baum introduced his brother-in-law in attendance:
Lister Ives
August 6, 1996
- 13 -
Itrin IV-LZ
PUBLIC HEARING ITEM # 41055
Mayor Obemdorf DECLARED A PUBLIC HEARING:
LOCAL LAW ENFORCEMENT BLOCK GRANT
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
August 6, 1996
- 14 -
Item IV-K
CONSEAT AGENDA
ORDINANCES/RESOLUTION ITEM # 41056
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED in ONE
MOTION Ordinances 1, 2, 3, 4**1 5, 6, 7, 8, 9, 10 and 11 of the CONSENT AGENDA.
Item,fV-K4 was AMENDFD.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P, Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessona, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1996
- 15 -
Item IV-K].
CONSENT AGEND,4
ORDINANCES/RESOLUTION ITEM # 41057
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinanance to ACCEPT and APPROPRIATE a $257,123 Local Law
Enforcement Block Grant from the Federal Bureau of Justice Assistance;
TRANSFER $28,569 from the General Fund Reserve for Contingencies
as the City's required match re crime reduction and imprvvement of
public safety; and increase estimated revenue accordingly.
Voting: II -0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P, Jones, Reba S McCianan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1996
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 $257,123 GRANT FROM THE FEDERAL BUREAU OF
3 JUSTICE ASSISTANCE AND TO TRANSFER $28,569
4 FROM THE GENERAL FUND RESERVE FOR
5 CONTINGENCIES AS THE CITY'S REQUIRED MATCH
6 WHEREAS, the City has been awarded a Local Law
7 Enforcement Block Grant in the amount of $257,123 from the Federal
8 Bureau of Justice Assistance to reduce crime and improve public
9 safety;
10 WHEREAS, the conditions of the grant require the City to
11 provide a cash match in the amount of $28,569; and
12 WHEREAS, the funds will be used to purchase an infrared
13 imaging system for the Police Department helicopters to enhance the
14 City's search and rescue capability, communication equipment for
15 new Community Policing officers, and additional radios for School
16 buses to increase transportation safety.
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
is OF VIRGINIA BEACH, VIRGINIA:
19 That a grant in the amount of $257,123 is hereby accepted
20 from the Federal Bureau of Justice Assistance and appropriated to
21 the Police Department's FY 1996-97 Operating Budget for the
22 purposes of reducing crime and improving public safety;
23 BE IT FURTHER ORDAINED:
24 That funds in the amount of $28,569 are hereby
25 transferred from the General Fund Reserve for Contingencies to the
26 Police Department's FY 1996-97 Operating Budget as the City's
27 required cash match for receipt of the grant; and
28 BE IT FURTHER ORDAINED:
29 That estimated revenue from the federal government is
30 hereby increased by $257,123.
31 This ordinance shall be effective on the date of its
32 adoption.
3 3 Adopted by the Council of the City of Virginia Beach,
34 Virginia, on the 6 day of August 1996.
35 CA-6396
36 ORDIN\NONCODE\FBJGRANT.ORD
37 R-1
38 PREPARED: 07/31/96
39 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
40 SUFFIC
41
42 Walte@ C. Kraemer,@@ 'Defrartment of Law
43 Department of Management Services
2
- 16 -
Item IV-K2
CONSENT AGENDA
ORDINANCES/RESOLUTION ITEM # 41058
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Jones, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE to the FY 1996-1997
Mental Health Mental Retardation Substance Abuse (MHMRSA)
Operating Budget; and increase estimated revenue accordingly:
a. $183,700 State General Funds re waiting lists and expanded
programs;
b. $21,548 KOVAR Grant Funds re equipment for SKILLQUEST;
and
C. $17,699 interest income re additional personnel costs
associated with personnel realignment
Mayor Oberndorf acknowledged with appreciation the gallant efforts of the Knights of Virginia Assistance
for the Retarded (KOVAR) concerning their grant to the Department. This grant is derived from the sale
of the Tootsie Rolls by the Knights of Columbus. All of the funds are returned to the community.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold
Ileischober, Barbara M. Ilenley, louis R. Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vzce Mayor William D.
Sessoym, Jr. and Louisa M. Sfrayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
August 6, 1996
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $183,700 IN ADDITIONAL STATE GENERAL FUNDS,
3 $17,699 IN ADDITIONAL INTEREST INCOME, AND
4 $21,548 IN GRANT FUNDS TO THE FY 1996-97
5 MENTAL HEALTH-MENTAL RETARDATION-SUBSTANCE
6 ABUSE (MH-MR-SA) OPERATING BUDGET
7 WHEREAS, the Community Services Board and the Department
8 of Mental Health, Mental Retardation, and Substance Abuse (MH-MR-
9 SA) are responsible for the coordination and implementation of
10 mental health, mental retardation, and substance abuse services;
11 WHEREAS, the department has been awarded an additional
12 $183,700 in State General Funds to reduce waiting lists and to
13 expand existing services;
14 WHEREAS, The department requests that an additional part-
15 time position, to be funded by this appropriation, be created in
16 order to accomplish this goal;
17 WHEREAS, the department has been awarded a grant from
18 Knights of Virginia Assistance for the Retarded (KOVAR) for use in
19 purchasing necessary equipment; and
20 WHEREAS, the department has revised its income
21 projections for interest income to include an additional $17,699
22 which can be used to offset personnel costs.
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA:
25 That additional State General Funds in the amount of
26 $183,700 are hereby accepted and appropriated to the FY 1996-97
27 Mental Health-Mental Retardation-Substance Abuse Operating Budget,
28 and that an additional part-time position be created, for the
29 purposes set forth herein;
30 BE IT FURTHER ORDAINED:
31 That a KOVAR grant in the amount of $21,548 is hereby
32 accepted and appropriated to the FY 1996-97 Mental Health-Mental
33 Retardation-Substance Abuse operating Budget for use in purchasing
34 necessary equipment;
35 BE IT FURTHER ORDAINED:
3 6 That $17,699 in additional interest income is hereby
37 appropriated to the FY 1996-97 Mental Health-Mental Retardation-
38 Substance Abuse Operating Budget to offset personnel costs; and
39 BE IT FURTHER ORDAINED:
40 That estimated revenue from the State, interest income,
41 and KOVAR grant funds is hereby increased by $183,700, $17,699, and
42 $21,548, respectively.
43 Adopted by the Council of the City of Virginia Beach,
44 Virginia, on the 6 day of , 1996.
45 This ordinance shall be effective from the date of its
46 adoption.
47 CA-6390
48 ORDIN\NONCODE\KOVAR.ORD
49 R-1
50 PREPARED: 07/30/96
51 Approved as to Content: APPROVED AS TO LEGAL
52 SUFFICIENCY:
53
54 Walter C. Kraelu@r Jr. @artment of Law
55 Department of Pfanagement Services
FF-)RA NO. @ 2
Policy Report
Vector Control
June, 1996
Policy Report
Vector Control
June,1996
1. INTRODUCTION
A committee of staff from the Departments of Public Works, General Services,
Housing and Neighborhood Preservation, and'Health met during 1995 to develop a
way to respond to citizen complaints regarding rats. The committee was called
together at the request of C. Oral Lambert, Chief of Staff, to respond to complaints
regarding rats in the Princess Anne Plaza area. Attachment A lists those staff who
participated in the committee's work. In addition, the committee undertook and
successfully executed abatement of a specific rat infestation. In its review of the
issue, the committee found it necessary to address the highly related problems of rats
and mosquitoes together. Thus, the report addresses mvectors" since both rats and
mosquitoes are vectors, or carriers, of disease.
Vector Control (vectors are disease-spreading organisms such as rats and mosquitoes)
is a part of protecting the public health and safety. Vector control programs seek to
prevent outbreaks of serious disease by controlling the population of vectors. Rats are
vectors for Hantavirus and plague, among other things. Mosquitoes are vectors for
encephalitis and Dengue fever, as well as other diseases.
Vector control activities are closely tied to activities that improve the physical
environment, since rats and mosquitoes often find friendly habitats in areas where
junk is stored, or where stagnant water and/or garbage is available.
The committee report was reviewed by the Directors of the four departments. Based
on the lessons learned from the abatement action, and from the investigation done by
staff, this policy report was prepared.
If the Policy Report is adopted and the requested funds are made available, the four
departments have agreed to individually and jointly take the recommended actions.
Only one of these recommendations requires City Council action - the revision of the
nuisance law. The other actions can be taken upon the approval of the City Manager.
II. BACKGROUND
A 1993 survey of rat infestation on public property (Attachment B) identified 13
definite or potential infestation areas, some with severe infestations. Health
Department records of citizen complaints indicate 177 calls from citizens regarding
rats between January and September, 1994. Several citizens have called the Mayor
or City Manager regarding rat problems in the Lake Edward and Princess Anne Plaza
neighborhoods. Recent complaints identify the Chimney Hill area as an area of rat
infestation. Attachment C lists rat complaints by neighborhood since January 1994.
Ill. ORGANIZATIONAL CONSIDERATIONS
A. Current Activities:
The City does not have a rat control program in place. General Services has a city
exterminator on staff responsible for the abatement of pest problems on public
property. The department has conducted one pilot rat abatement project at the
boardwalk through a contract with a private exterminator. The Health Department
investigates complaints on private property and provides property owner education.
However, only a small amount of enforcement is conducted or abatement is
conducted. The majority of rat infestations have been reported on private property.
Investigation requires property-by-property inspection. Often, the required action
includes elimination of harborage - often junk or other illegally stored material, and
placing of poison. However, Health Department staff is not able to compel property
owners to undertake either activity. This has resulted in customer frustration and an
overall ineffective abatement result. In response to a recent complaint, the
Departments of Health, Housing, Public Works and General Services provided a
coordinated response, which involved abatement on public property. However,
coordinating the activities of four agencies should not be necessary in order to take
effective action.
The Department of Public Works currently conducts mosquito control activities. This
includes cleaning of ditches to eliminate breeding sites, collection of samples at sites
around the city, classification and counting of those samples, two types of area
spraying, and receiving and investigating citizen concerns regarding mosquito
problems around the City.
The area spraying program has proved effective in dealing with most types of
mosquitoes until recently. However, the arrival and spread of the Asian Tiger mosquito
has changed the nature of mosquito infestations in the City. Approximately 75% of
complaints regarding mosquitoes in the summer of 1995 were due to Asian Tigers.
These mosquitoes breed only in small containers of water, and are largely unaffected
by area spraying. Therefore, effective action against them requires response to
individual properties, and the removal of containers, often including large amounts of
junk or other debris. Staff assigned to investigate these complaints, numbering over
1,400 during the summer of 1995, were unable to respond to many of them. In
addition, staff have no enforcement mechanism to compel removal of breeding sites.
2
Public Works conducts two types of ditch-clearing activities that relate to the clearing
of rat and mosquito harborage and breeding sites. For storm water management
purposes, identified storm water facilities are cleared in order to restore flow.
However, this activity may not include the removal of debris, depending on equipment
availability, but focuses on maintaining storm water flow. In addition, the cycle time
for street-side ditches is 26 months. For Mosquito Control purposes, identified ditches
are cleaned regularly to eliminate breeding sites. Also, under the 'Adopt-a-Waterwayn
program, four (4) cleanups per year are held on those waterways.
The Department of Housing and Neighborhood Preservation currently inspects and
enforces the removal of junk, debris and related items from private property on an
ongoing basis. In addition, it responds to complaints regarding abandoned swimming
pools, which often include mosquito infestation. The Department responded to over
2,144 complaints regarding junk, debris and other items that could also be related to
rat or mosquito infestation.
The Department of General Services/Landscape Services conducts mowing and
clearing operations on City property, including ditch banks, but excluding private
drainage easements.
Three departments - Health, Housing, and Public Works, receive and respond to public
complaints regarding vectors, and conduct certain types of inspections. The following
chart summarizes how this is done.
3
Current Vector Complaint Response Systems
Dept. of Health/ Environmental Health (rat Inspector investigates. If needed, Follow up and
complaints) surveys surrounding properties. requests to abate are
Contacts property owners & conducted as
informs them of needed actions. 157 needed.
No legal action taken. Citations
for violation of Sec. 23-46 are
sometimes issued.
Dept. of Public Works - Highways - Customer Service takes Staff follow up as
mosquito complaints information. Depending on nature time allows through
of surveillance and customer phone contact
information, either A: spray
treatment is scheduled, or B: 1,400
biologist or inspector will
investigate and attempt to abate
or have property owner abate.
No legal action taken.
- Code Enforcement (junk, Inspector investigates. If lnspectorinves-
mping complaints) warranted, notice of violation is 2,144 tigates to determine
issued, giving 7 days to correct. if compliance has
been achieved. if not,
violation is corrected
by contractor, or
extension may be
granted or summons
may be sought.
4
Ill. ORGANIZATIONAL CONSIDERATIONS (continued)
B. Issues:
1 Inspections: The system of responding to public complaints and inspecting
private property is not coordinated and provides inconsistent public service.
Staff from Housing, Health and Public Works are all responding to complaints
that relate to physical conditions (rat, mosquito harborage, junk debris, standing
water) on private property. A more coordinated, consistent and effective
system of responding to the public and utilizing staff time is needed.
2. Drainage: The removal of rat and mosquito harborage from privately owned
drainage ditches (the majority of those in the City are privately owned) is
problematic. Existing programs attempt to efficiently meet the needs of their
agencies, but may either not help, or may actually hurt, other efforts. A more
coordinated approach to this activity is needed in order to balance the various
requirements and the available resources. General Services/Landscape Services,
Public Works/Stormwater Management, and Public Works/Mosquito Control all
conduct different types of drainage-ditch related activities.
3. Rat Abatement: Rat abatement in vacant buildings is needed before demolition
occurs in order to prevent the spread of rats. Demolition is currently done
without rat abatement. This effectively spreads existing rat populations around
the area of the demolition.
4. Staff Information: Staff need to know who the various agencies are and what
the legal authority involved in these issues is. Staff from each department
work on issues assigned to them. However, they have insufficient knowledge
of what other agencies do or how they can assist each other or coordinate
activities.
IV. LEGAL CONSIDERATIONS
A. Forced Removal of Harborage:
Enhanced legal authority to compel removal of rat harborage and mosquito breeding
sites on private property is needed. In addition, where applicable, the costs should be
chargeable to the property owner. Section 23-46 of the City code allows the City to
abate nuisances on private property, but only after a conviction for violation of the
section is obtained. This provision would cause extensive delays in removal of
offending items. Also, there is no provision to recover costs.
B. Abatement with Permission:
The ability to enter onto private property WITH permission to conduct mosquito and/or
rat abatement activities, while protecting the City from liability, is needed. There is no
provision to do this currently.
5
V. BUDGET AND FINANCIAL CONSIDERATIONS
A City agency needs funds in order to contract for rat abatement on private property.
General Services/Building Maintenance currently contracts for rat abatement on public
property. Funds to do so on private property where infestations exist are not available. In
most cases where abatement is needed, it will be impractical to charge property owners for
this cost, since most infestations occur in easements, and/or drainage ditches where
property owners could not reasonably conduct abatement themselves. However, the ability
to charge property owners for the actual costs of abatement plus an overhead charge will
be available if Sec. 23-46 is revised as recommended, and will be used in those cases where
it is appropriate. Therefore, some reimbursement from those charges can be expected, but
an annual appropriation will be needed.
In addition, funds are needed to print the public information materials described below.
VI. PUBLIC INFORMATION CONSIDERATIONS
The public needs to be educated regarding how to prevent and control rat infestations, and
what the City's role in this is. Current versions of printed materials for distribution to the
public regarding rats are incomplete. In addition, if a City program is implemented, the
brochure will need to inform the public about it. The current brochure is incomplete. Funds
are not available to print a new one.
Vil. RECOMMENDATIONS
The following recommendations address each of the issues or considerations raised above.
#la Section 23-46 of the Code of the City of Virginia Beach should be amended to allow
abatement of public nuisances following appropriate notice. The City Attorney has
advised that this is authorized under existing State law.
#lb Section 23-46 should be amended to include authorization to recover the costs of
abatement activities plus overhead costs so as to assist in the continuing funding of
abatement activities.
#lc Enforcement of the ordinance should be delegated to the Departments of Housing,
Health, Public Works and Planning.
#ld The City Attorney should develop a temporary easement authorization and release that
will allow City staff to conduct rat or mosquito abatement on private property with
the owner's permission.
#2 Upon approval of the report by the City Manager, staff from the four agencies will be
asked to develop a coordinated administrative procedure for response to reports of rat
infestation coming from the public or other City agencies. Questions to be answered
by this staff working group include:
6
which agency/agencies shall verify and determine the extent of infestation;
which agency/agencies shall issue citations; and
how shall the work of the various agencies be coordinated.
#3 A brochure that provides appropriate information to the public regarding the problem
of rats and the City's program to respond to the problem of rats should be developed
by the Health Department with assistance from the Public Information Office. The
Director of the Health Department will schedule completion so that it may be
distributed concurrent with the implementation of a new program, and will contain
information regarding that program.
#4a An initial appropriation of funds in the amount of $1200 to provide for the cost of
printing an informational brochure to be distributed to the public is requested.
#4b An appropriation of $7,000 is requested to initially fund an abatement revolving fund
in the Department of General Services/Building Maintenance, which in turn should
contract for an annual extermination contract at an hourly rate, so that abatement can
be conducted as needed without the requirement of a bid process each time. This
amount is an estimate, since there is no previous experience on which to base the
anticipated annual costs. The Risk Management division should evaluate the risks of
such a contract prior to its execution.
#5 All City demolition activities should be reviewed to insure that rat abatement is
conducted prior to demolition. State authority does not exist to require this for private
property demolitions not done by the City. The existing City contract for demolition
services will be revised to include this requirement. In addition, any city agencies
conducting demolitions not under this contract will be advised to implement this
requirement.
#6 Staff education: Joint staff education sessions for the following purposes will be
conducted:
a. to inform all inspection and related staff regarding the existence of the revised
rat control procedures.
b. To inform them regarding the administrative mechanism for enforcing the rat
control program.
C. To clarify questions from staff regarding rat and mosquito control activities.
d. To educate all staff involved in the variety of inspection activities that are
conducted in the City. Staff from all inspection functions in the City should be
involved in these sessions.
#7 Enforcement of property maintenance violations on private property related to rats and
7
mosquitoes: The Departments of Housing and Neighborhood Preservation and Public
Works will coordinate activities to insure that appropriate enforcement activities in
support of rat and mosquito control activities are undertaken. These activities will be
coordinated with the abatement activities of the Department of General Services.
#8 The Departments of Public Works and General Services will review current drainage
and stormwater facility maintenance activities to insure continued coordination and
results that support the various outcomes desired.
Vill. SUMMARY
An effective rat control program will require inspection of private property, and enforcement
of requirements for elimination of harborage and poisoning of rats. The actions recommended
in this report will significantly enhance the City's ability to control rats, without significant
additional expense. In addition, mosquito control, drainage-related activities, and information
provided to the public will be enhanced. Adoption of the recommendations in this report is
recommended.
Submitted By:
Andrew M. Niedman, Dir-ec&r
Department of Housing and Neighborhood Preservation
W,4 ,
Ralph A.,Onith pirecto/
Departn(int of @Lk i"orks
David Grochmal, Director
Department of General Services
SAdanne D@r)boy, Director
Departmeidof Health
Approved By:
r
9
Vector Control Policy Report
List of Attachments
A. Members of the Committee
B. 1993 Survey of Rat Infestations
C. Rat Complaints by Neighborhood, since 1994
10
Attachment A
Staff Contributing to this Report
Dreda McCreary, Biologist, Public Works/Mosquito Control
Valerie Reich, Environmental Health Supervisor, Public Health Department
Chuck Davis, Administrator, General Services/Building Maintenance
Eddie Barnes, Administrator, General Services/Landscape Services
Alex Davis, Housing Code Administrator, Housing & Neighborhood
Preservation
Andrew Friedman, Director, Housing & Neighborhood Preservation
Joe Russell, Administrator, Public Works/Highways Division
David Grochmal, Director, General Services.
f:\us@kafri.d\roponskvector
ATTACHMENT B
TO: Rats & Mosquito Team Nov 12 1993
FROM: Mosquito Control Biology Lab
SUBJECT: Extent of rat infestation on public property
The mosquito control biologist and general services
exterminator have undertaken a survey to determine the extent
of rat infestation on certain parcels of public property.
The following report details the findings of this survey and
makes projections as to the cost of a rodent control program
in Virginia Beach.
I. 15th St. Mosquito Control Yard
The first area we surveyed was the old mosquito control
yard at 15th street. A citizen in the area had logged
complaints that rats were coming from this property onto
private property. However, a thorough search of the 15th
street property revealed no signs of either Norway or roof
rat infestation. There were no runs, smear marks, burrows,
droppings or any other signs. The property adjacent to the
15th St. shop is wooded with heavy ground cover and the
nearby residences have optimal conditions for rat food and
harborage (e.g. large gardens with compost piles, small sheds
with tools and debris laying outside, multiple bird feeders
with lots of seed on the ground, etc.).
II. Rudee Inlet
We looked at the rip rap at Rudee Inlet, but it is very
hard to determine the extent of the rat problem in this area.
The distribution of the rip rap creates excellent natural
burrows, but runs and tracks are sometimes difficult to see.
However, some areas were obviously infested and groups of
burrows could be identified. These groups were within areas
of about 20 square feet with 5 to 10 burrows per area. To
treat Rudee Inlet, bait blocks would need to be secured by
wire to wooden anchors (blocks) and distributed along the
length of the rip rap. The area would need to be closed to
the public during baiting and clean-up, and control efforts
should only be conducted during the winter months. It would
take approximately 800 bait blocks just for the initial
treatment. Materials and costs of initial treatment are
listed in Figure 1.
III. The Boardwalk
The oceanfront boardwalk was very easy to survey because
tracks and burrows are easy to spot and count. Excluding
storm drains, we found an average of 3.5 burrows per block
along the boardwalk. There are storm drains of various sizes
all along the boardwalk, and most of these, especially the
larger ones with debris inside, had multiple sets of trails
leading to and from them. We could not survey the middle
section of the boardwalk because sand from the beach
replenishment program obscured all tracks and burrows, but we
assume that conditions are similar along these blocks. We
noted trends in the preference for burrow sites, with more
burrows being located near or under steps (and, presumably,
trash cans), in storm drains and in cracks produced by
expansion joints.
If this area were to be treated, once again, it should
only be done during the winter months. some of the burrows
could be baited directly, but several areas would require
metal bait boxes attached to the boardwalk itself. The
amounts and cost of the materials involved in the initial
treatment are listed in Figure 1.
IV. Witchduck & Jericho - Canal banks
This area was extremely hard to survey due to the
abundant ground cover and we couldn't find burrows.
Conditions were prime for rat infestation with a water
source, lots of cover on the banks, and very cluttered yards
bordering the property. I spoke with supervisors in the
Highway Division's Stormwater Maintenance bureau concerning
the maintenance of this bank. The bureau is responsible for
the maintenance of waterways such as this one on a 3 to 5
year schedule. But I was told that they do not routinely
clear the garbage and underbrush found on the banks. It was
estimated that it would take a 4-man crew at least one week
to clear the 1/10 mile section of bank within 500 yards (the
range of a Norway rat) of the houses on Spooner Rd. These
resources are simply not available at this time.
V. Jones Cemetery on Witchduck Rd.
We surveyed this area as an example of problems the city
may be asked to handle, but which originate on private
property. We found 12 burrows along the north fence (the
other two fences were overgrown). The abandoned buildings in
the middle of the property were also infested with burrows
under the south walls.
VI. Ditch between Lynnhaven Elementary & Plaza Apartments
We chose a location about halfway down the length of the
ditch to survey. There were 9 burrows within 100 feet on one
side of the ditch bank. This ditch was about .2 miles long
and if the burrows are fairly evenly distributed, there would
be about 190 burrows along the ditch. This ditch is also
maintained by Stormwater Management and is on the same 3 to 5
year cleanup schedule.
VII. Ditch in Pinewood Gardens
I ran a computer search through the Highway Division
work orders (1993 only) to find references to rats. There
were only 7 references and 3 of these mentioned storm drains.
The major ditch in Pinewood Gardens was one of the ditch
references. This is a very unusual situation, as we had to
enter the area on private property and a tall fence prevented
us from getting to the ditch bank. The ditch itself was
relatively clear of debris, but the upper banks were
overgrown and would not be cleared (Stormwater Management
maintains this one also). The property we were on bordered
the marsh and the banks harbored several rat burrows. The
private property around this area was very overgrown with
garbage accumulated (an old car, tires, lumber, etc.) and the
problem probably originated there rather than on the banks of
the city's ditch.
VIII. Mount Trashmore
The exterminator had received reports of rats living
under the city emblem on the side of Mt. Trashmore. We
surveyed the area and in fact found 5 burrows near the drains
at the base of the emblem and two obvious runs through the
grass. We also checked one area by a drain pipe that emptied
into the lake and found 2 burrows by this pipe. This site
poses a special treatment problem, as ducks and geese are
leaving droppings that the rats take advantage of. The birds
are also at risk if we ever treated the site.
IX. Ditch behind St. Mathews Catholic School (Sherry Park)
This ditch is maintained by the Mosquito Control Bureau
on an annual basis and the crew was working on it when we
conducted our survey. Food for rodents was abundant, with
two overflowing trash dumpsters, a pile of mulch, and gardens
bordering the ditch. Although Mosquito control does clear
the sides of ditches, we found burrows in areas with little
or no vegetative cover. Within 30 feet of one bank of the
ditch we found about 20 burrows. We believe that this is
probably the worst section of the 400 yard ditch, but the
infestation probably extends farther down the banks. We
could probably easily find at least 50 burrows along the area
bordering the church property and residences.
X. Problems reported but not surveyed
Areas with rat problems reported, but which we did not
have time to survey include Leroy Drive, DeLaura Ln. behind
Rosewood Cemetery, the construction areas along the strip,
and Lake Edward.
SUMMARY
The total number of problem sites on public property that
we are presently aware of is 13. This number does not
include sewers or storm drains which are hard to survey. If
a rat control program were implemented, the number of problem
sites would probably increase dramatically with citizen
awareness. The estimated number of burrows and bait boxes to
be treated (at the sites we surveyed only) is about 1,425.
ATTACHMENT C
Rat Location Report
Alexandria
10/31/94 5529 Fair Oaks Drive Sewer
ARAGONA
07/27/95 5040 VIRGINIA BEACH BOULEVARD TRASH
BEACH
02/24/94 1801 CYPRESS AVENUE DITCH
BELLAMY MANOR ESTATES
06/03/94 937 HANOVER ROAD
BIRCHWOOD GARDENS
09/20/94 416 HOPKINS ROAD TRASH AND WEEDS IN YARD
10/14/94 416 HOPKINS ROAD
BIRCHWOOD MALL
04 /2 6 / 9 5 3736 VIRGINIA BEACH BOULEVARD DUMPSTERS BEHIND MACDONA
BONNEY PLAT
04/26/95 210 N 89TH STREET STORM DP-AIN
BRANDON
06/06/95 1730 JUDE COURT YARD
CAMERON CROSSING CONDOS
04/15/94 3512 BRIGITA COURT CANAL
CAPE STORY BY THE SEA
08/05/94 2226 BEECH STREET POOR DRAINAGE
CARDINAL ESTATES
07/27/94 LEFT OF 1329 BLUE JAY LANE YARD
Cedar Hill
05/16/95 957 Aspen Drive Ditch
CHIMNEY HILL
11/09/94 908 CHIMNEY HILL PARKWAY
04/17/95 3642 CHIMNEY CREEK DRIVE BETWEEN HOUSES
CORPORATE LANDING
09/22/94 1590 CORPORATE LANDING PARKWAY WATER IN FRONT OF SCHOOL
COVENTRY
06/29/94 4763 BROMPTON DRIVE DRAINAGE PIPE
DAM NECK ESTATES
09/20/94 1116 BARHAM COURT DEBRIS IN YARD
EUCLID PLACE
OS/07/94 4977 CLEVELAND STREET SEWER
05/18/94 4977 CLEVELAND STREET SEWER
Rat Location Report
FAIRFIELD
08/15/94 704 ROSAER CIRCLE STORM DRAIN
GREEN RUN
03/25/94 1517 HEDGEFIELD LANE STORM DRAIN
07/13/94 3424 CRIMSON HOLLY COURT HIGH GRASS IN YARD
02/24/95 3908 HEDGEFIELD COURT/LANE STORM DRAIN
04/11/95 1102 NETHERLAND COURT YARD/SHED
1105 NETHERLAND COURT
HARBOUR POINT
08/01/94 500 FISHERMAN BEND
HEDJO TERRACE
05/18/95 688 GRANT AVENUE FIELD IN BACK OF HOUSE
HILLTOP MANOR
06/20/95 1856 STEVE LANE TRASH IN YARD
HOMESTEAD
05/15/95 1020 OLD HOMESTEAD LANE YARD
HUNTINGTON
05/31/95 153 HERNDON ROAD DRAINAGE DITCH
5413 BLUEMONT COURT BACK YARD
KEMPSVILLE GARDENS
08/08/94 5048 CENTURY STNDING WATER IN DRAIN
KEMPSVILLE LAKES
08/15/94 4704 ELDON COURT
LAKE EDWARD WEST
07/14/94 755 LAKE EDWARD LAKE AND BACKYARD
LAKE PLACID
04/25/94 1921 DECATHLON DRIVE WOOD IN YARD
LAMPLIGHT MANOR
03/24/95 2901 CHERIE DRIVE DRAINAGE CANAL
LANDS END CONDO
0 6 / 13 /94 1127 BLACKDUCK COURT TRASH
LANDSTOWN MEADOWS
11/14/94 3 22 0CROCUS LANE YARD
06/05/95 1985 NETTLE STREET DECK
Level Green
04/19/95 1213 Tar Heel ct. Rats
LONDON BRIDGE
05/13/94 101 LONDON BRIDGE ROAD YARD/VACANT LOT
Rat Location Report
06/14/95 2565 OCONEE DUMPSTER
LYNNHAVEN
06/12/95 120 BASSETT AVENUE DRAINAGE DITCH
McDonald Park
03/16/95 1001 Neptune Ave Ditch
MILBURN MANOR
07/25/94 400 DAVIS STREET
08/05/94 402 DAVIS STREET
NEWTOWN CROSSING
11/30/94 NEXT TO 5721 HAMPSHIRE LANE DUMPSTER
OCEAN LAKES
06/27/94 1718 SWORD DANCER DRIVE BACK OF FENCE
11/22/94 1833 HAVILAND DRIVE CORNFIELD
OCEAN PARK
04/18/94 3709 DUPONT CIRCLE CONSTRUCTION FOR BOAT RA
OCEANA
09/15/94 1500 NEW YORK AVENUE & OCEANA VACANT LOT
OLIVE HEIGHTS ANNEX
12/OS/94 BEHIND 1037 NORFOLK AVEN" HIGH GRASS IN Et4PTY LOT
PARLIAMENT VILLAGE
02/22/95 5380 PALMYRA COURT STREET
PEMBROKE MEADOWS
08/05/94 4404 SEVERN COURT YARD
POCAHONTAS VILLAGE
08/01/94 4952 NARRAGANSETT BACK YARD FROM TOLL ROAD
PRINCESS ANNE PLAZA
04/11/94 CORNER OF VICTORIA AND APPIAN SEWER
06/01/94 464 LINEBERRY ROAD NEIGHBORHOOD
06/10/94 3109 COACHHOUSE DRAIN
07/14/94 352S SOUTH PLAZA TRAIL YARD
3541 CHESTER STREET SEWER
QUAIL WAY
0 9 /2 9 /94 4 0 92 CONCORDA WAY TRASH
ROCK CREEK
05/09/94 2093 ROCK LAKE LOOP DRAINAGE RUN-OFF
ROSEMONT
09/27/94 4020 BONNEY ROAD DUMPSTER
SALEM LAKES
Rat Location Report
02/22/94 1925 STILLMEADOW COURT NEW CONSTRUCTION
08/02/94 3901 ADONIS COURT YARD
SALEM WOODS
07/22/94 4592 PICASSO DRIVE HIGH GRASS
08/15/94 4592 PICASSO DRIVE DITCH
08/19/94 4592 PICASSO DRIVE
1605 WILLIMANTIC COURT
SEABRIDGE SQUARE
06/23/95 SEARRIDGE AND COASTAWAY DRIVE
SHORE DRIVE
11/02/94 5173 SHORE DRIVE VACANT LOT
SOUTHERN TERRACE
04/12/94 3017 N LYNNHAVEN ROAD DITCH
THREE OAKS
05/08/95 2264 KINDLING HOLLOW ROAD
TIMBERLAKE
03/29/95 4230 MAPLE HURST ROAD YARD
WEST MORELAND ESTATES
07/07/94 3525 WAYNE STREET YARD
WESTMORELAND ESTATES
05/31/94 3520 CHESTER STREET YARD
05/22/95 3500 & 3504 BARRY STREET YARDS
WINDSOR OAKS WEST
05/05/94 553 CHANCERY LANE NEIGHBORIS PROPERTY
07/08/94 612 OAK GROVE ROAD NEIGHBORIS HIGH GRASS
07/11/94 4101 KIPLING STREET DRAINAGE PIPE
WINDSOR WOODS
04/07/94 36IG STARLIGHTER DRIVE PILE OF WOOD IN YARD
3736 KINGS POINT ARCH DEBRIS IN BACK YARD
04/06/94 500 CENTRAL DRIVE DUMPSTER
- 17 -
item IV-K3
CONSENT AGENDA
ORDINANCES/RESOLUTION ITEM # 41059
upon monon by Vice Mayor Sessoms, seconded by Councibnan Jones, City Council ADOPTED:
Ordinance to APPROPRIATE $75,000 from the General Fund Balance
to provide an interest-free loan to the Davis Corner Volunteer Rescue
Squad re purchase of a replacement ambulance.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
JMn A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba & McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhom
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1996
AN ORDINANCE TO APPROPRIATE $75,000 FROM THE GENERAL FUND, FUND BALANCE
FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE DAVIS CORNER VOLUNTEER
RESCUE SQUAD FOR THE PURCHASE OF A REPLACEMENT AMBULANCE
1 WHEREAS, the Davis Corner Volunteer Rescue Squad has determined that the current
2 ambulance has a high maintenance liability and has often experienced service failures,
3 WHEREAS, the Davis Corner Volunteer Rescue Squad does not presently have adequate funds to
4 purchase the replacement squad truck, but believes that fund-raising efforts will provide sufficient funds to repay an
5 interest-free loan from the City of Virginia Beach Loans to Rescue Squads program in the amount of $75,000,
6 WHEREAS, the Davis Corner Volunteer Rescue Squad has previously had interest-free loans from
7 the City and has paid on time or ahead of schedule, and foresees no deviation from that previous performance or)
8 future loans.
9 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
1 0 BEACH, VIRGINIA, that $75,000 from the General Fund, fund balance be appropriated as an interest-free loan to
11 the Davis Corner Volunteer Rescue Squad for the purpose of purchasing a replacement ambulance with payments
12 to be made in equal annual payments of $15,000 due on the 15th day of September each year, beginning on
13 September 15, 1997 and ending on September 15, 2001.
14 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day ofaugust 11996,
APPROVED AS
LEGALSUF
POIENCY
Approved as to Content
Department of Management aw@e@es
- 18 -
Ite,m IV-K4
CONSENT AGENDA
ORDINANCESIRESOLUTION ITEM # 41060
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Jones, City Council ADOPTED, AS
AMENDED:
Ordinance to AMEND Section 6-27 of the Code of the City of Virginia
Beach to establish an Appeal Process re hazardous marine structures..
Line 51, Page Z Section (e) shall be "ENDED to read.-
(e) Any property owner aggrieved of a determination of the Director of
Public Works or his agent may appeal such determination to the City
Manager or his designee, in writing, within (so. (-]@) whisdat days
fifteen (15) business day.E on which such determination was mailed
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, lkiliam W Harriyon, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
gessoms, Jr and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1996
1
2 AN ORDINANCE ESTABLISHING AN APPEAL
3 PROCESS CONCERNING HAZARDOUS MARINE
4 STRUCTURES
5 SECTION AMENDED: CITY CODE § 6-27
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 6-27 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained to read as follows:
11 Sec. 6-27. Removal or repair of dangerous or obstructing
12 structures or vessels.
13 (a) Whenever the Pub@ c
14 or his agent shall be of the opinion that any wharf, pier,
15 piling, bulkhead or any other structure or vessel might endanger
16 the public health or safety, or might constitute an obstruction or
17 hazard to the lawful use of the waters within or adjoining the @
18 City, he shall ascertain the lawful owner of such property and
19 notify such owner in writing. b to remove, repair
20 or secure such wharf, pier, piling, bulkhead or other structure or
21 vessel. If the lawful owner of such property fails to remove,
22 repair or secure the same within thirty (30) days
23 of tl such notice, the City, through its
24 own agents or employees, may remove, repair or secure such
25 property.
26 (b) In the event that the @ Citv, through its own agents or
27 employees, removes, repairs or secures any wharf, pier, piling,
28 bulkhead or other structure or vessel, after complying with the
29 notice requirements of subsection (a) above, the cost or expense
30 thereof shall be chargeable to and paid by the owner of such
31 property and, to the extent applicable, may be collected by the
32 City as taxes and levies are collected.
33 (c) If the identity or whereabouts of the lawful owner of any
34 property referred to in subsection (a) above is unknown or not able
35 to be ascertained after a reasonable search and after written
36 notice has been mailed to the last known address of any known
37 owner, the @ @t , through its own agents or employees, may
38 repair or remove such wharf, pier, piling, bulkhead or other
39 structure or vessel, after giving notice by publication once each
40 week for two (2) weeks in a newspaper of general circulation in the
41 area where such property is located.
42 (d) Every charge authorized by this section with which the
43 owner of any such property shall have been assessed and which
44 remains unpaid, to the extent applicable, shall constitute a lien
45 against such property, and such lien shall be recorded in the
46 judgment lien docket book in the ei:r-euit eeui-t Circuit Court of the
47 @ Citv. Such lien may be released to a personal judgment against
48 the owner.
49 (e) Any Property owner aggrieved of a determination of the
50 Director of Public Works or his agent may appeal such determination
51 to the City Manager or his designee, in writing, i in.fifteen
52 (15) business days of the date on which such determination was
53 mailed. The City Manager or his designee shall schedule a hearing
54 of s a date not later than ten (10) business days
55 after the filing of the appeal. Drovided. however. that such
56 hearing may, at the discretion of the Citv Manager or his designee,
57 be rescheduled for good cause shown. The Director of Public Works
58 or his agent shall take no action otherwise Permitted under this
59 section during the Pendency of such appeal.
60 Adopted by the City Council of the City of Virginia Beach on
61 this 6th day of August, 1996.
62 CA-6380
63 ORDIN\DATA\PROPOSED\6-27.COM
64 August 6, 1996
65 R-5
2
- 19 -
item IV-K5.
CONSENT AGENDA
ORDINANCES/RESOLUTION ITEM # 41061
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to AMEND Section 23-46 of the Code of the City of
Virginia Beach re public nuisances:
a. Definition
b. Notice requirements for abatement or removal
c. Removal by the City after reasonable notice
d Assessment and collection of costs incurred by the City for removal
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Wiliam W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P, Jones, Reba & McClanan,
Mayor Meyera F- Oberndorf Nancy K Parker, Vice Mayor William D.
Sessonts, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
August 6, 1996
1
2 AN ORDINANCE AMENDING THE DEFINITION OF A
3 PUBLIC NUISANCE AND PROVIDING FOR (i) NOTICE
4 REQUIREMENTS FOR ABATEMENT OR REMOVAL OF
5 PUBLIC NUISANCES; (ii) THE REMOVAL OF PUBLIC
6 NUISANCES BY THE CITY AFTER REASONABLE NOTICE;
7 AND (iii) THE ASSESSMENT AND COLLECTION OF
8 COSTS INCURRED BY THE CITY FOR THE REMOVAL OF
9 PUBLIC NUISANCES
10 SECTION AMENDED: 23-46
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That Section 23-46 of the Code of the City of Virginia Beach,
14 Virginia, is hereby amended and reordained to read as follows:
15 Sec. 23-46. Nuisances generally.
16 (a) Except as otherwise provided in this Code or other
17 ordinances of the City, it shall be unlawful for any person to
18 cause, create, allow, permit or maintain, upon any land or premises
19 in the City in his possession or under his control, any public
20 nuisance or any condition injurious to the public health or morals
21 or endangering the life or property of others including, but not
22 limited to, the accumulation of stagnant water or any offensive,
23 unwholesome, unsanitary or unhealthy substances. In addition to
24 the foregoing, any condition of any land or Premises which Y)rovides
25 cover or harborage for rodents or vermin or breeds flies or
26 mosquitoes, without Proper treatment, shall constitute a public
27 nuisance.
28 (b) Any perben vielating this seetien shall be guilty ef a
29 Glass i misdemeaner and eaeh day sueh vielatien is maintained er
30 permitted te exist shall eenstitute a separate ef-fense. Upe-n
31 eenvietien ef any vielatien ef this seetien, the nuisanee, unless
32 immediately abated by the persen fftainta'..'.." ---- ...EJ et- pei-mitt@
33 the safae, may be abated by the Gity at the eifpense and eest ef t --
34 effender and the eest thereef shall be eharged and eelleeted as
35 part ef the eest ef the trial ef the ease.
36 Upon a determination bV any one of the Directors of the
37 Departments of Health, Housing and Neighborhood Preservation, or
38 Public Works, or their respective designees, or any inspector
39 assigned to the Departments of Health, Housing and Neighborhood
40 Preservation, or Public Works, whether temporarily or permanently
41 employed, that there exists on any land or Premises within the
42 City, a public nuisance as set forth in subsection (a) hereof,
43 notice shall be served on the owner of such land or premises or his
44 agent, or on the occupant thereof, or both, to abate or remove such
45 public nuisance from such land or Premises within seven (7) davs
46 from the date of such notice. Provided, however, in the event the
47 public nuisance involves the release or accumulation of a hazardous
48 substance requiring response by the Hazardous Materials Team of the
49 Virginia Beach Fire Department to undertake measures to contain
50 such substance or abate or otherwise mitigate the effects thereof
51 upon health or the environment, the notice requirement provided
52 herein shall not apply.
53 (c) Service of the notice provided for in subsection (b)
54 shall be by first-class mail, personal delivery or posting in a
55 conspicuous place upon the land or premises; Provided, however,
56 that if the land or Premises are unoccupied and the owner or his
57 agent cannot be found by the exercise of due diligence or are
58 unknown, such notice shall be sufficient against the owner if given
59 by first-class mail to the owner's last known mailing address and
60 posted in a conspicuous iplace upon the land or Premises. The
61 inspectors of the Departments of Health, Housing and Neighborhood
62 Preservation and Public Works are hereby authorized to deliver or
63 Post such notice.
64 (d) A violation of any of the Provisions of this section, or
65 failure to comply with the terms of a notice issued and served as
66 t)rovided in this section within the time prescribed in such notice,
67 shall constitute a class 2 misdemeanor. In addition to anv
68 penalties imoosed hereunder, the City may institute legal action to
69 enjoin the continuing violation of this section and may remove or
70 contract for the removal of such Public nuisance, in which event
71 the cost and expenses thereof, including an administrative fee in
2
72 the amount of one hundred dollars ($100.00) shall be chargeable to
73 and paid by the owner or occupant of the land or premises.
74 Any such charge which is not Paid within thirty (30) days of
75 the date or which is billed to the Person or Persons named in the
76 notice may be collected by an action at law or in any manner
77 Provided by law for the collection of taxes.
78 Adopted by the City Council of the City of Virginia Beach on
79 this 6th day of August, 1996.
so CA-6259
81 DATA/ORDIN/NONCODE/23-46.COM
82 JULY 24, 1996
83 R5
3
- 20 -
Item IV-K6a.b.
CONSENT AGENDA
ORDINANCES/RESOLUTION ITEM # 41062
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED-
Ordinances to declare EXCESS PROPERTY of the City of Virginia
Beach; and, authorize the City Manager to dispose of same:
a. Approximately 0.059 acre at the rear of 4960 Athens
Boulevard, in the petition of ROBERT S. and ELSIE P.
REYNOLDS (BAYSIDE BOROUGH) subject to:
1. That the purchaser be required to resubdivide the property to
eliminate interior lot lines.
2 That the purchaser be required to dedicate back to the City of
Ilirginia Beach any easements required by the City.
b. One hundred fifty-three (153) square feet at the rear of 1661
Kepler Bend, Pine Meadows Subdivision, in the petition of
JAMES J and BRENDA K. SAUCEDA (PRINCESS ANNE
BOROUGH)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Daum, Linwood 0. Brancl; III, ;Klliam W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis P, Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
August 6, 1996
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER
TO DISPOSE OF THE SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
WHEREAS, the City of Virginia Beach acquired ownership of the
following described property by deed recorded in Deed Book 1018,
Page 154; and
WHEREAS, the City Council is of the opinion that the following
described property is in excess of the needs of the City of
Virginia Beach.
NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the following described property is hereby declared
to be in excess of the needs of the City of Virginia Beach and that
the City Manager is authorized to convey said property in the
manner he deems in the best interests of the City of Virginia Beach
reserving therein any and all easements pertaining thereto, and
further that such property be declared n excess of the needs of
the City and is more particularly described as follows: (See
attached Exhibit A)
2. Any building site created shal: connect to public water
and sewer where available.
3. That the terms and conditions of a certain Deed of
Bargain and Sale by which the City of Virginia Beach, Virginia
conveys its ownership in the aforesaid property to Robert S.
Reynolds and Elsie P. Reynolds for the sum of SIX THOUSAND EIGHT
HUNDRED AND SIXTY EIGHT AND NO/100 DOLLARS ($6868.00) and hereby
approved conditioned upon purchase by the Petitioners of the
Reverter Rights on the aforesaid property from the City of Norfolk,
Virginia, and the proper officers of the City are authorized to
execute a Deed for and on behalf of the City upon receipt of the
sum of SIX THOUSAND EIGHT HUNDRED AND CIXTY EIGHT AN[) NO/100
DOLLARS ($6868.00) and evidence of the purchase of the Reverter
from Norfolk.
4, The City Manager and the City Clerk are further authorized and
directed, upon proper payment and satisfaction of conditions, to
sign the Resubdivision plat entitled
"Lot 1. Resubdivision of the N. one-half of
Lot 31, all of lots 32. 33, and the portion of
the City of Virginia Beach property declared
excess north of the N. one-half of Lot 31 and
Lots 32 and 33, Lake Bradford Park@'
5. This ordinance shall be effective from the date of its
adoption.
H Y the Council of the City of Virginia Beach,
P,@. .On he 6 day of August 1996
AffROVED AS TO CONTENT
1 a ck a we i I 1 v , Q
r-L A-
PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO AUTHORIZE
DISPOSAL TO THE CONTIGUOUS
PROPERTY OWNER
P E T I T I 0 N
TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
Your Petitioners, Robert S. Reynolds and Elsie P. Reynolds, by
counsel, respectfully represents as follows:
1. That Petitioners apply to the Mayor and the Council of
the City of Virginia Beach, Virginia, for an ordinance declaring
the hereinafter described property to be in excess of the needs of
the City of Virginia Beach and to authorize the City Manager to
convey the property to the Petitioners upon payment of fair market
value as determined by a qualified appraisal.
2. That your Petitioners own the property contiguous to the
hereinafter described property and are the only property owners
contiguous to the rear property line of said site. .
3. The property your Petitioners are asking to be declared
in excess of the needs of the City of Virginia Beach so that the
petitioners may purchase same is hereby described as follows:
(See attached Exhibit A)
4. That no inconvenience will result to any person or
property owner by reason of the sale of hereinabove described
property.
S. That the Petitioners have offered to purchase the
aforesaid property for the sum of SIX THOUSAND EIGHT HUNDRED AND
SIXTY EIGHT AND NO/100 DOLLARS ($6868.00) simultaneously with the
purchase from the City of Norfolk, Virginia of a Release of
Reverter which has already been negotiated (See copy of Ordinance
attached hereto.)
6. That simultaneous with this petition, your petitioners
have caused to be prepared a proposed resubdivision plat to vacate
the former lot lines and establish a new lot, and is designated:
"Lot 1, Resubdivision of the N. one-half of
Lot 31, all of lots 32, 33, and the portion of
the City of Virginia Beach property declared
excess north of the N. one-half of Lot 31 and
Lots 32 and 33, Lake Bradford Park."
WHEREFORE, your Petitioners prays that the Mayor and City
Council of the City of Virginia Beach. Virginia, declare the
hereinabove described property to be in excess of the needs of the
City of Virginia Beach to authorize the City Manager and City Clerk
to sign the resubdivision plat and to authorize the City Manager to
convey the property to your Petitioners upon payment to the City of
Virginia Beach for the fair market value of said property.
Respectfully submitted,
Robert S. Reynolds and Elsie P. Reynolds
By
William T. Webb, co unsei
William T. Webb, Jr.
Consolvo. Markowitz & Webb
4560 Columbus Loop
Virginia Beach, VA 23462
(804) 490-2711
c w 0 5 I d 0 c k i w I 0 i I I v , 0 e t
EXHIBIT A
ALL THAT certain piece or parcel of land, with
the buildings and improvements thereon and the
appurtenances thereunto belonging, situate,
lying and being in the City of Virginia Beach,
Virginia designated as "Portion of City of
Virginia Beach Property (D.B. 1018, Pg. 154),
'Declared Excess' , 2563 SQ.FT." and being a
portion of "Lot 1, Resubdivision of the N.
one-half of Lot 31, all of lots 32, 33, and
the Portion of the City of Virginia Beach
property declared excess north of the N. one-
half of Lot 31 and Lots 32 and 33, Lake
Bradford Park (M.B. Pg. 91) , Bayside Borough -
Virginia Beach, Virginia", dated
-1 made by W.P. Large, Inc., and duly
reco d@ed in the Clerk's office of the Circuit
Court of the City of Virginia Beach, Virginia
in Map Book ---, at page
PREPARED BY VIRGINIA BEACH
CrrY ATTORNEY'S OFFICE
THIS DEED OF VACATION AND QUITCLAIM, made this
day of , 1996, by and between the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia,
"Grantor," party of the first part, and ROBERT S. REYNOLDS and
ELSIE P. REYNOLDS, husband and wife, "Grantees," parties of the
second part, 4960 Athens Boulevard, Virginia Beach, Virginia
2 3 4 62
W I T N E S S E T H:
That for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt
of which are hereby acknowledged, the party of the first part
hereby releases, vacates, and forever QUITCLAIMS unto the party
of the second part its right and interest, if any, in the
following described property:
All that certain piece or parcel of land,
with the buildings and improvements thereon
and the appurtenances thereunto belonging,
situate, lying and being in the City of
Virginia Beach, Virginia, and designated as
"PORTION OF CITY OF VIRGINIA BEACH PROPERTY
(D.B. 1018, PG. 154) 'DECLARED EXCESS', 2563
SQ. FT." on that certain plat entitled:
"LOT 1, RESUBDIVISION OF THE N. ONE-HALF OF
LOT 31, ALL OF LOTS 32, 33 AND THE PORTION
OF THE CITY OF VIRGINIA BEACH PROPERTY
DECLARED EXCESS NORTH OF THE N. ONE-HALF OF
LOT 31 AND LOTS 32 AND 33, LAKE BRADFORD
PARK," dated , made by W.P.
Large, Inc., and duly recorded in the
Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in map
Book at page
GPIN:
IT BEING a part of the same property
conveyed to Grantor by deed of the City of
Norfolk, a municipal corporation of the
State of Virginia, dated July 21, 1967, and
recorded in the clerk's office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 1018, at page 154.
This conveyance is made subject to conditions,
restrictions, easements, and reservations of record in the chain
of title, if any, constituting constructive notice thereof.
IN WITNESS WHEREOF, the City of Virginia Beach, a
municipal corporation, has caused this deed to be executed in its
name on its behalf, and its corporate seal to be hereto affixed
and duly attested by its proper party, thereunto duly authorized.
CITY OF VIRGINIA BEACH
BY
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
Ruth Hodges Smith
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 1996, by I
City Manager/Authorized Designee of The City Manager, on behalf
of the City of Virginia Beach, Virginia.
Notary Public
my commission expires:
2
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-Wit:
The foregoing instrument was acknowledged before me
this day of , 1996, by RUTH HODGES SMITH, City
Clerk, on behalf of the City of Virginia Beach, Virginia.
Notar,
My commission expires:
3
KE
A4,
LOCATION MAF
SHOWING EXCESS CITY OWNE
OPROPERTY (0.059 AC,) ON LAKE BRADFORD@@
ENT TO 4960 ATHENS BLVD,
LE:
10 ('Fl? I [IN III,\ 1 1. ON SUP'I'I:M II I: IZ Io, I,)92 St I it VI Yf:[) 1,11F I,Roill I? 1-Y Si I ow
II @ I@\NO [111 @%,\l ISO[ 1111 litIII I) IN(IS \RI @110\\N ONIII IS Ili @N I II i; )3i III [)IN( 11 1 17 NI)
III Iq) @\l@ I No IN( lto@\( I[MINI, IIIRR [It) III)IN(. ON[111 1, ) I X( II,
IrAl
a
-O/"
LOr 34
L
6"9.9 C;
-6.
o@Cv-
Lor32
C = 87.50
R=261.00-
A RHENS BL VD.
"FORMERL Y L A AE BL VD.
0 IP @'T y a 14 @'m P- -7. 5 (30 I RIW)
"L 4.-T
FI,001) ZONI-' INFORMA'I'ION: The propcrtv shown hereon appears to fall within flood zone 'C' (Areas of minimal
flooding) as shown on H.U.D.'S Flood tiazard Map for the City of Virginia Beach, VA, Community Panel No. 51.@i3l (XX)7
Dalcd:1/17/85)
PFIYSICAL SURVEY
W. P. LARGE, INC.
of
Northern 1/2 of IA)t 31, All of I-A)ts 32,33 andportion )r city tif Norfolk
I)rol)erty North ot'N. 1/2 of Lot 31 and lots 32 & 33
1,AKE BRADFORD PARK
[ll@olll:lt I Y 01: NOI@1:01.K I,O'I COIZII.
S(JRVF.YINC, 1,N(liNr.@.ill@:(! SLJI3[)IVISION OF BI,O('K ;6, SE(@ I ION M, CIIESAPEAKI,. PARK
PI,ANNIN(I Plat Recorded M.1i. 9, P(i. 91, In The (:Icrk's Office Of'lbc Circuit Court Of Virginia Beach, Va.
For'
'44 Mt IS I AN(i I RAli ROBERT S. RFYNOLDS & ELSIE PARISH REYNOLDS
@iii
%'Il@(itNIA Ili @%( I I \'Il@(iiNIA )A 11 I @pi 10. illl)2 V@l 1-Y: Bayside Borougli Vi Zinia Ocich, Vi,:inii
orm
and Correctness Approved: Contents Approved:
y@., R. 24s@
of tw city DEPT. or@ Uf'-trttX
NORFOLK, VIRGINIA
ORDINANCE No. 37,362
AN ORDINANCE RELEASING A RIGHT OF REVERTER
OVER CERTAIN PROPERTY LOCATED AT 4960 ATHENS
BOULEVARD ADJACENT TO LAKE BRADFORD IN
VIRGINIA BEACH.
WHEREAS, by Deed dated July 21, 1967, and recorded in the
c
Clerk's office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 1018, at page 154, the City of Norfolk
conveyed certain property designated Parcel 2 - Lake Bradford,
together with a border or margin of land 100 feet in width around
the said Lake Bradford to the city of Virginia Beach; and
WHEREAS, the conveyance of the property was subject to
the condition that the City of Virginia Beach use the property
exclusively for public or municipal purposes and, except as
authorized in Section 3 of Ordinance No. 23,967, adopted by the
Norfolk City Council on June 20, 1967, not convey, sell or lease
the property, nor use it for any other purpose; and
WHEREAS, upon the breach of the aforesaid condition, the
City of Norfolk was entitled to reenter the property and cause
title thereto to revert to the City of Norfolk; and
WHEREAS, there presently exists a dwelling located at
4960 Athens Boulevard, which is situated partially within the 100
foot strip of land adjacent to Lake Bradford; and
WHEREAS, Robert S. Reynolds and Mary Ison Reynolds, the
owners of the said dwelling located at 4960 Athens Boulevard arii
seeking to purchase from the City of Virginia Beach certain
property which cannot be obtained unless and until the City of
Norfolk waives its right of reverter; and
WHEREAS, the City of Norfolk is willing to waive its
right of reverter as to that portion of the 100 foot strip of land
around Lake Bradford into which the dwelling is encroaching for the
sum of $2,300.00; now, therefore,
BE IT ORDAINED by the Council of the City of Norfolk:
Section 1:- That the terms and conditions of a
certain Deed of Release by which the City of Norfolk
releases to the City of Virginia Beach a right of
reverter over a certain portion of the 100 foot strip
along Lake Bradford in the City of Virginia Beach for the
SUM Of $2,300.00, are hereby approved, and the proper
officers of the City are authorized to execute the deed
for and on behalf of the City upon receipt of the sum of
$2,300.00.
Section 2:- That this ordinance shall be in effect
from and after thirty days from the date of its adoption.
Adopted by Council August 17, 1993
Effective September 17, 1993
TRUE COPY
TESTE:
R. BRE
BY:
DEPUTY CITY CLERK
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO DISPOSE OF SAME
WHEREAS, the City of Virginia Beach acquired ownership
of the following described property by Deed of recorded in Deed
Book 2790, Page 1631; and
WHEREAS, the City Council is of the opinion that the
following described property is in excess of the needs of the
City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the following described property is hereby
declared to be in excess of the needs of the City of Virginia
Beach and that the City Manager is authorized to convey said
property in the manner he deems in the best interests of the
City of Virginia Beach reserving therein any and all easements
pertaining thereto and subject to the condition contained in
paragraph number 2. The property is more particularly
described as follows:
ALL THAT CERTAIN lot, piece or parcel of land
situate in the Princess Anne Borough of the
City of Virginia Beach, Virginia, designated
Parcel "X" 153.0 SQ. FT. on that certain plat
entitled "RESUBDIVISION OF LOT 32, BLOCK K,
PINE MEADOWS, SECTION TWO, D.B. 2657, PGS. 785
THRU 787 (PLAT) AND PARCEL A, PINE MEADOWS,
SECTION TWO, D.B. 2657, PGS. 785 THRU 787
(PLAT) PROPERTY OF THE CITY OF VIRGINIA BEACH,
PRINCESS ANNE BOROUGH, VIRGINIA BEACH,
VIRGINIA, dated June 22, 1995 and prepared by
Stephen I. Boone & Associates, P.C. which
parcel is more particularly described as
beginning at the Southeast corner of Lot 32,
Block K, Pine Meadows, Section Two; thence in
a northerly direction along the rear lot line
of Lot 32, North 260 15' 39" West, 40.05 feet
to a point; thence South 460 16' 20" East,
22.33 feet to a point; thence South 040 24'
54" East, 20.54 feet to the point of beginning.
It being a portion of Parcel 'A' which was
dedicated to the City of Virginia Beach by
Baymark Construction Corporation by Deed
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Deed Book 2790, at Page 1631.
ES, CARNES, BOUFIDON
& AHERN, P. C
A@ORNEYS AT "W
2 . The property shall be shown on an approved
Resubdivision Plat and shall be combined with the adjoining
property of the Petitioners to form one parcel of land. Said
plat shall be properly executed by all parties and recorded
simultaneously with the conveyance document.
3. This ordinance shall be effective upon compliance
with all the conditions referenced above.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6 day of Augsut 1 1996.
APPROVED AS TO CONTENT:
Q@ o. (t 4/191%
V Department of Retal]Estate
APPROVED AS TO LEGAL SUFFICIENCY:
Departmene of Law
5762i
CARNES, BOURDON
AHERN. P C
ATTORNEYS AT @W
2
PETITION TO DECLARE CERTAIN PROPERTY EXCESS
AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS
PROPERTY OWNER
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your petitioners, JAMES J. SAUCEDA and BRENDA K.
SAUCEDA, husband and wife, by counsel, respectfully represent
as follows:
1. That Petitioners apply to the Mayor and the
Council of the City of Virginia Beach, Virginia, for an
ordinance declaring the hereinafter described property to be in
excess of the needs of the City of Virginia Beach and to
authorize the City Manager to convey the property to the
Petitioners upon payment of fair market value as determined by
qualified appraisal and in accordance with City policy.
2. That your Petitioners own the property contiguous
to the hereinafter described property and are the only property
owners contiguous to said site. And that further the
hereinafter described property has no utility unless joined to
the contiguous property of Petitioners.
3. The property your Petitioners are asking to be
declared in excess of the needs of the City of Virginia Beach
so that they may purchase same is hereby described as follows:
CARNES, BOURDON
& AHERN, P C
A@ORNEYS AT LAW
ALL THAT CERTAIN lot, piece or parcel of land
situate in the Princess Anne Borough of the
City of Virginia Beach, Virginia, designated
Parcel "X" 153.0 SQ. FT. on that certain plat
entitled "RESUBDIVISION OF LOT 32, BLOCK K,
PINE MEADOWS, SECTION TWO, D.B. 2657, PGS. 785
THRU 787 (PLAT) AND PARCEL A, PINE MEADOWS,
SECTION TWO, D.B. 2657, PGS. 785 THRU 787
(PLAT) PROPERTY OF THE CITY OF VIRGINIA BEACH,
PRINCESS ANNE BOROUGH, VIRGINIA BEACH,
VIRGINIA, dated June 22, 1995 and prepared by
Stephen I. Boone & Associates, P.C. which
parcel is more particularly described as
beginning at the Southeast corner of Lot 32,
Block K, Pine Meadows, Section Two; thence in
a northerly direction along the rear lot line
of Lot 32, North 260 15' 39" West, 40.05 feet
to a point; thence South 461 16' 20" East,
22.33 feet to a point; thence South 040 24-
54" East, 20.54 feet to the point of beginning.
It being a portion of Parcel 'A' which was
dedicated to the City of Virginia Beach by
Baymark Construction Corporation by Deed
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Deed Book 2790, at Page 1631.
4. That no inconvenience will result to any person
or property owner by reason of the sale of the hereinabove
described property.
WHEREFORE, your Petitioners pray that the Mayor and
City Council of the City of Virginia Beach, Virginia, declare
the hereinabove described property to be in excess of the needs
of the City of Virginia Beach and to authorize the City Manager
to convey same to your Petitioners upon payment to the City of
S, CARNES, BOURDON
& AHERN, P C
ATROFINEYS AT LAW
2
Virginia Beach, for the fair market value of said property as
determined by qualified appraisal.
Respectfully submitted,
JAMES J. SAUCEDA AND BRENDA K.
SAUC@
By:
Of Counsel
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON a AHERN, P.C.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
(804) 499-8971
5760i
CARNES, 80UPIt)ON
& AHERN, P C.
ATTORNEYS AT LAW
3
QUITCLAIM DEED
THIS DEED, made this - day of 1996,
by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the State of Virginia, GRANTOR, party of the
first part, and JAMES J. SAUCEDA and BRENDA K. SAUCEDA, husband
and wife, GRANTEES, party of the second part, whose address is
1661 Kepler Bend, Virginia Beach, Virginia 23454.
W I T N E 5 S E T H :
That for and in consideration of the sum of
DOLLARS ($
the party of the first part does hereby QUITCLAIM, release, and
convey unto the party of the second part any and all right,
title, and interest it may possess in and to the following
described property:
ALL THAT CERTAIN lot, piece or parcel of land
situate in the Princess Anne Borough of the
City of Virginia Beach, Virginia, designated
Parcel "X" 153.0 SQ. FT. on that certain plat
entitled "RESUBDIVISION OF LOT 32, BLOCK K,
PINE MEADOWS, SECTION TWO, D.B. 2657, PGS. 785
THRU 787 (PLAT) AND PARCEL A, PINE MEADOWS,
SECTION TWO, D.B. 2657, PGS. 785 THRU 787
(PLAT) PROPERTY OF THE CITY OF VIRGINIA BEACH,
PRINCESS ANNE BOROUGH, VIRGINIA BEACH,
VIRGINIA, dated June 22, 1995 and prepared by
Stephen I. Boone & Associates, P.C. which
parcel is more particularly described as
beginning at the Southeast corner of Lot 32,
Block K, Pine Meadows, Section Two; thence in
KES, CARNES, BOURDON a northerly direction along the rear lot line
& AHERN, P. C.
ATTORNEYS AT LAW
of Lot 32, North 26' 15' 39" West, 40.05 feet
to a point; thence South 460 16' 2011 East,
22.33 feet to a point; thence South 040 24'
54" East, 20.54 feet to the point of beginning.
It being a portion of Parcel 'A' which was
dedicated to the City of Virginia Beach by
Baymark Construction Corporation by Deed
recorded in the Clerk's office of the Circuit
Court of the City of Virginia Beach, Virginia
in Deed Book 2790, at Page 1631.
IN WITNESS WHEREOF, the City of Virginia Beach has
caused these presents to be executed in its name on behalf by
James K. Spore, City Manager, and its corporate seal to be
hereto affixed and duly attested by
Deputy City Clerk, pursuant to Ordinance adopted.
CITY OF VIRGINIA BEACH
By:
James K. Spore, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
City Wttorney
S, CARNES, BOURDON
& AHERN, P C,
RNEYS AT LAW
2
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and for the City of Virginia Beach in the State of Virginia, do
hereby certify that James K. Spore, City Manager and
Deputy City Clerk, of the City of
Virginia Beach, whose @ames as such are signed to the foregoing
Deed bearing date on the - day of 1996,
have acknowledged the same before me in my City and State
aforesaid.
Given under my hand this day of
19 9 6 .
Notary Public
My Commission Expires:
5761i
CAFINES, BOURDON
& AHEFTN, P C,
ATTORNEYS AT LAW
HAS ACKNOWI EDGED THE SAME BEFORE ME IN My CITY AND STATE
AFORESMD.
GIVEN UNDER MY HAND THIS-DAY OF 19
NOTARY PUBLIC
MY COMMISSION EXPIRES:
OCEAIES
GPIN #2415-83-6154
"PARCEL 9 VICINITY MAP SCALE: l' 800'
N/F
THE CITY OF VIRGINIA
CITY RESIDUAL AREA=4.9999 Ac. /-PARCEL
WRITING, 153.0 SQ. F7.
D STATE
04!24'54!' E SEEN AND CONSENTED TO:
20.54'
EXISTING FE
HEREBY VACATED
& 5' DRAINAGE NOTE HOLDER/TRUSTEE DATE
EASEMENT
RELOCATED/DEDICATED
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PORCH V) m
787 (PLAT)
zz D.B. 2657, PGS. 785 THRU
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OF VIRGINIA BEACH
V) uj (PROPERTY OF THE CITY
PRINCESS ANNE BOROUGH
a. \/Ior%IPIIA DCARW \/IPrIMIA
z GPIN ui
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REVISED 1990
3-li
REVISED 1995
TENNIS I
COLRTS
2415-72-9741i
15-82-76c
415-62-452q
File No. KEPLEP4 aue@#
LAND SUBJECT PHOTO PAGE
Client/Government Permitting Consultant FlieNo. KEPLER
1661 Kepler Bend
Virginia Beach ounty I C State Virqinia ZloCode 23454
Gov't Permittinq Consultants
Subiect Front
Address
1661 Kepler Bend
Sales P@ce
LocaUon
Pine Meadows
Subject Rear
Subject Street
- 21 -
Item IV-K 7
CONSENT AGENDA
ORDINANCES/RESOLUTION ITEM # 41063
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to authorl-e a temporary encroachment into a portion of
the right-of-way of Kleen Street to Dragas Associates III, L.C., re
installation of metal security gates at the entrance and exit to Lesner
Pointe East Condos (LYNNIL4VEN BOROUGH).
The following conditions shall be required.-
1. The owner agrees to remove the encroachment when notified by
the City of Virginia Beack at no ewnse to the City.
2. The owner agrees to keep and hold the City free and harmless
of any liability ay a result of the encroachment.
3. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard
Voting: II -0 (By Consent)
Council Members Voting Aye:
JMn A. Baum, Linwood 0. Branc& III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McCianan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M Strayhorn
Council Meinbers Voting Nay:
None
Council Members Absent.-
None
August 6, 1996
1 AN ORDINANCE TO
2 AUTHORIZE A
3 T E M P 0 R A R Y
4 ENCROACHMENT INTO
5 A PORTION OF THE
6 RIGHT-OF-WAY OF
7 KLEEN STREET TO
8 DRAGAS ASSOCIATES
9 III, L.C., ITS
10 HEIRS, ASSIGNS
11 AND SUCCESSORS IN
12 TITLE
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 That pursuant to the authority and to the extent thereof
16 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
17 DRAGAS ASSOCIATES III, L.C., its heirs, assigns and successors in
18 title is authorized to construct and maintain a temporary
19 encroachment into the right-of-way of Kleen Street.
20 That the temporary encroachment herein authorized is for
21 the purpose of constructing and maintaining metal security gates,
22 including gate posts and control box, and that said encroachment
23 shall be constructed and maintained in accordance with the City of
24 Virginia Beach Public Works Department's specifications as to size,
25 alignment and location, and further that such temporary
26 encroachment is more particularly described as follows:
27 An area of encroachment into
28 a portion of the City's
29 right-of-way known as Kleen
30 Street, on the certain plat
31 entitled: IV PLAN SHOWING
32 PROPOSED ENCROACHMENTS IN
33 CITY RIGHT-OF-WAY FOR LESNER
34 POINTE EAST ON THE
35 CHESAPEAKE BAY, A
36 CONDOMINIUM LYNNHAVEN
37 BOROUGH - VIRGINIA BEACH,
38 VIRGINIA," a copy of which
39 is on file in the Department
40 of Public Works and to which
41 reference is made for a more
42 particular description.
43 PROVIDED, HOWEVER, that the temporary encroachment herein
44 authorized shall terminate upon notice by the city of Virginia
45 Beach to any officer of Dragas Associates III, L.C., its heirs,
46 assigns and successors in title and that within thirty (30) days
47 after such notice is given, said encroachment shall be removed from
48 the City's right-of-way of Kleen Street and that Dragas Associates
49 III, L.C., its heirs, assigns and successors in title shall bear
50 all costs and expenses of such removal.
51 AND, PROVIDED FURTHER, that it is expressly understood
52 and agreed that Dragas Associates III, L.C., its heirs, assigns and
53 successors in title shall indemnify and hold harmless the City of
54 Virginia Beach, its agents and employees from and against all
55 claims, damages, losses and expenses including reasonable
56 attorney's fees in case it shall be necessary to file or defend an
57 action arising out of the location or existence of such
58 encroachment.
59 AND, PROVIDED FURTHER, that the party of the second part
60 agrees to maintain said encroachment so as not to become unsightly
61 or a hazard.
62 AND, PROVIDED FURTHER, that this ordinance shall not be
63 in effect until such time that Dragas Associates III, L.C.,
64 executes an agreement with the City of Virginia Beach encompassing
65 the aforementioned provisions.
66 Adopted by the Council of the City of Virginia Beach,
67 Virginia, on the 6 day of Au2ust 19 96
68 07/02/96
69 TK/tga
70 H:\WP\KENNEDY\DRAGAS.ORD
71 AUROVED AS TO CONTENT
72
73 -TK O@ice of Real Estate
APPROVED AS TO
LEGAL SUFFICIENCY
2
THIS AGREEMENT, made this 25th day of March,
1996, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the first part, and
DRAGAS ASSOCIATES III, L.C., a Virginia limited liability
company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE,
party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain metal security gates,
including gate posts and control box, in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining such security
gates, it is necessary that the said party of the second part
encroach into a portion of an existing City right of way known as
Kleen Street; and said party of the second part has requested
that the party of the first part grant a temporary encroachment
to facilitate such security gates within a portion of the City's
right of way known as Kleen Street.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right of way known as
Kleen Street for the purpose of constructing and maintaining such
security gates.
It is expressly understood and agreed t@at such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right of way known as Kleen
Street is identified as Proposed Column,
Proposed Gate, Proposed Gate Post, and
Proposed Control Box For Security Gate, as
shown on that certain plat entitled: "PLAN
SHOWING PROPOSED ENCROACHMENTS IN CITY
RIGHT-OF-WAY FOR LESNER POINTE EAST ON THE
CHESAPEAKE BAY, A CONDOMINIUM LYNNHAVEN
BOROUGH - VIRGINIA BEACH, VIRGINIA," a copy
of which is attached hereto as Exhibit "A"
and to which reference is made for a more
particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the city of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right of way known as Kleen Street by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
2
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that the
party of the second part shall obtain and keep in force all risk
property insurance and general liability or such insurance as is
deemed necessary by the party of the first part, and all
insurance policies must name the party of the first part as
additional named insured or loss payee, as applicable. The party
of the second part agrees to carry comprehensive general
liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The
party of the second part will provide endorsements providing at
least thirty (30) days written notice to the party of the first
part prior to the cancellation or termination of, or material
change to, any of the insurance policies. The party of the
second part assumes all responsibilities and liabilities, vested
or contingent, with relation to the encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
3
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part agrees that no open cut of the public
roadway shall be allowed except under extreme circumstances.
Such exceptions shall be submitted to the Highway Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right of way.
It is further expressly understood and agreed that the
party of the second part must post a Performance Bond and show
proof of public liability insurance of a minimum of Five Hundred
Thousand Dollars ($500,000.00).
It is further expressly understood and agreed that the
property benefiting from the encroachment herein granted is shown
and depicted as "LESNER POINTE EAST ON THE CHESAPEAKE BAY, A
CONDOMINIUM" (hereinafter referred to as the "Condominium") on
the plat attached hereto as Exhibit "A". The rights granted and
obligations imposed herein shall be appurtenant to and run with
the title to the Condominium property, and shall inure to the
benefit of and be binding upon the heirs, successors, and/or
assigns of the party of the second part.
4
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City Is right
of way encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
party of the second part; and if such removal shall not be made
within the time ordered hereinabove by this Agreement, the City
shall impose a penalty in the sum of one Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the said DRAGAS ASSOCIATES III,
L.C., a Virginia limited liability company has caused this
Agreement to be executed in its name and an its behalf by Helen
E. Dragas, its manager, with due authority to bind said company.
Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its
City Clerk.
5
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
DRAGAS ASSOCIATES III, L.C.,
a Virginia limited liability
company
Helen E. Dragas, M ger
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that I CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of 1 19_, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Pu
My Commission Expires:
6
@ITATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the _ day of 1 19 , has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w
I, 7;tvl-e- a) , a Notary Public
in and for the City and State aforesaid, do hereby certify that
Helen E. Dragas, Manager of DRAGAS ASSOCIATES III, L.C., a
Virginia limited liability company, whose name is signed to the
foregoing writing, bearing date the @a day of
19 q@, has acknowledged the same before
me in my City and State aforesaid.
Given under my hand this day of
19
Public
My commission Expires:
APPROVED AS TO CONTENT
7
DEPARTTAENT
APPROVED AS TO
LEGAL SUFFICIENCY
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RE\4SED: OCTOBER 27, 1995
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333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23462
.0. #11,791 D: \DWG\I FS-ENT.DWG
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CERTIFICATE OF INSUR-AN(@l-,
IINSURANCE
Natio,iwldelic)fiyou,sl@le
he I ir,-: (-,e Company indicated below certifies that the Lnsurance afforded by the policy
ObglsoV"T'g in force as the effective date of this certificate. This
erti a @f TTkF@tirance doe,s not amend, extend, or otherwise alter the Terms and Conditions of
nsur p )@,pia@,c :t)r)taine(@ in any policy or policies numbered and described below.
erti@ a llc)i tit,i ' s Name aiid Address Insured's Name and Address;
N;aj i@- '@ITY OF VIRGINIP, BEACH LESNER POINTE EAST CONDOMINIUM ASSOCIATION
4538 BONNEY ROAD SUITE B
ddre MTJNI(:IPAL CENTEF VIRGINIA BEACH VA 23462
ityst@i e VIRGRNIA BEACH VA 23456
I I POLICY I POLICY
I POLICY NMER AMI I MMATIONI LMTS OF LIABILITY'
TYPE OF INSURANCE I ISSUIM CCT-IPAW DATE 1 DATE I (*@ts at Incei)tim)
G@AL L@ILITY I I I I i
i[X] P@r@seq - Operations I NATIOWME @ 6/11196 6/11/97 IGeneral Aggregate* $ 2,000,000
FrodLici:@@ - completed OperaticnslINSURNACE @AW I I Pr. @. Op. AM* DM
I I IFach Occurrence 1,000,000
i[XI Pprsorial & Advertising Injury 153BP766-403 I lany One Person/Org 1,000,000
I[X] @ca.L E@se lany One Person 5,000
I[X) Fire Dan-age Legal lariy One Fire 50,000
I[X) Other Udbility
GARAGE L@ILITY-@SES leach Accident
i @regate*
@B= L@MITY I
BUSINESS AURO lbodily Injury Per OCCURRENCE
GARAGE (Each Person)
@ed (Each Accident)
Hired Property Damage
I (Each Accident)
ICarbined Single
I#Fill-i.n Either Combined I Limit
ISingle Limits or Split Limits
I EXCESS LIAMITY
ifach occurrence
I Unbrella Form Aggregate
I Workers Compensation Statutory @ts
I @ly Injury Ea. Accident
lby Accident
and lbo&ly Injury Ea. BTloyee-
lby Disease
&pioyer's Liability lbod-ily Injury Policy Limit
Insurance in force only for hazards indicated by X.
Description of CITY OF VIRGINIA BEACH IS ALSO ADDITIONAL IN=
Operaticm/@ticns/
Vehicles/Restrictions/
Special Item
Effective Date of Certificate: 6/11/96 Authorized Representative;
Date Certificate Issued: 6/19/96 Countersigned at: Ohio
- 22 -
Item IV-K&
CONSENT AGENDA
ORDINANCES/RESOLUTION ITEM # 41064
Upon motion by Vice Mayor Sessoms, seconded hy CounciLnan Jones, City Council ADOPTED:
Ordinance to grant a franchise to Beach Wings (Atlantic Avenue
Sidestreet Cafe) to operate an open air cafe at 21st Street and
Atlantic Avenue frmn the date of adoption of this Ordinance to April
30, 1997
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branco% III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoym, Jr. and Louisa M Strayhom
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1996
1 AN ORDINANCE GRANTING A FRANCHISE TO
2 BEACH WINGS FOR THE OPERATION OF AN
3 OPEN AIR CAFE IN THE RESORT AREA
4 WHEREAS, the City has adopted, and incorporated into a
5 Franchise Agreement, regulations for the operation of open air
6 cafes on public property in the Resort Area;
7 WHEREAS, Beach Wings (hereinafter referred to as
8 "Grantee"), which is located on 21st Street and Atlantic Avenue,
9 has submitted an application for the operation of an open air cafe,
10 and has paid the required application fee;
11 WHEREAS, the representations made in the application
12 comply with the aforementioned regulations; and
13 WHEREAS, the Department of Convention and visitor
14 Development has determined that the proposed cafe will have no
15 detrimental effect on the public health, safety, welfare, or
16 interest, and will enhance the festive atmosphere in the Resort
17 Area.
is NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20 That a franchise is hereby granted to Beach Wings to
21 operate an open air cafe at 21st Street and Atlantic Avenue from
22 the date of adoption of this ordinance, to April 30, 1997,
23 conditioned upon provision of Grantee of an approved final site
24 plan, liability insurance coverage, a security bond, and the
25 applicable franchise fee, and on compliance with all of the terms
26 and conditions of the Franchise Agreement; and
27 That the City Manager is hereby authorized to enter into
28 a Franchise Agreement with Grantee subject to the aforementioned
29 conditions.
3 0 Adopted by the Council of the city of Virginia Beach,
31 Virginia, on the 6th day of August 1996.
32 CA-6394
33 ORDIN\NONCODE\BCHWINGS.CAF
34 R-1
35 PREPARED: July 30, 1996
APFROVED AS TO CONIXNT
,invention md Visitor D@elopmcnV'
APPROVED AS TO LEGAL
s7c@@
@rtment of Law
- 23 -
Item IV-K9.
CONSENT AGENDA
ORDINANCES/RESOLUTION ITEM # 41065
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolution to authorize the City Manager to execute an Agreement
between the City of Virginia Beach and the Commonwealth of
Virginia, Department of Transportation (VDOT) for administration
of the Pungo-Park Connector Trail, Phase I (CIP #4-961),
between Landstown Road and the Virginia Beach Municipal Center.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
@n A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold
Hetschober, Barbara M Henley, Louzs R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, ;rice Mayor William D.
Sessoms, Jr. and Louisa M. &rayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
August 6, 1996
1 A RESOLUTION TO AUTHORIZE THE CITY MANAGER
2 TO EXECUTE AN AGREEMENT FOR THE ADMINISTRATION
3 OF THE PUNGO-PARK CONNECTOR TRAIL, PHASE I
4 WHEREAS, the City of Virginia Beach applied for and received
5 Enhancement Program funds for the Pungo-Park Connector Trail, Phase
6 I, made available by the Virginia Department of Transportation,
7 the Virginia Department of Rail and Public Transportation, and the
8 Federal Highway Administration; and
9 WHEREAS, the estimated cost for engineering and construction of
10 the project is $624, 000, of which the City is responsible for 201,
11 plus any additional costs which exceed the estimated total cost, as
12 outlined in the Agreement; and
13 WHEREAS, the project will significantly enhance the
14 recreational amenities and transportation alternatives available to
is the Citizens of Virginia Beach; and
16 WHEREAS, the project is included in the City's Master Bikeway
17 Plan, and Outdoors Plan; and
18 WHEREAS, funds are appropriated for this project in the City's
19 Capital Improvement Program and the Commonwealth's Six Year
20 Improvement Program,
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA that the City Manager be, and is hereby,
23 authorized to make and execute an agreement between the City of
24 Virginia Beach and the Commonwealth of Virginia, Department of
25 Transportation for administration of the Pungo-Park Connector
26 Trail, Phase I, from Landstown Road to the Virginia Beach Municipal
27 Center, Project: EN93-134-Vl2, PE-101, RW-102, C-501, a true copy
28 of which is attached hereto.
29 Adopted by the Council of the City of Virginia Beach, Virginia
30 on this Sixth day of August 1996.
APPROVED AS TO CONTENTS
E r4 I
AGREEMENT FOR DEVELOPMENT AND ADMINISTRATION
OF PUNGO-PARK CONNECTOR TRAIL
BY THE CITY OF VIRGINIA BEACH
THIS AGREEMENT, made and executed in triplicate as of this
day of 1 199_, between the COMMONWEALTH OF
VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the
"Department" and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, hereinafter called the
"City".
W I T N E S S g T H:
WHEREAS, the Department has adopted a Six Year Improvement
Program for Fiscal Year 1993-94 through Fiscal Year 1998-99 for
streets and highways, which includes an allocation of funds for
Construction of Pungo-Park Connector Trail, Phase I, from Landstown
road to Virginia Beach Municipal Center, Project: EN93-134-V12, PE-
101, RW-102, C-501 as identified in the Enhancement Program
portion of the Six Year Improvement Program and referred to
hereinafter as the "Project"; and
WHEREAS, the estimated cost is $223,000 for preliminary
engineering, and $401,000 for construction; for a total of
$624,000; of which the City will be responsible for 20%, plus any
cost as outlined in Section 1.m. and
WHEREAS, the Department and the City desire to construct the
Project which has received funding, as expeditiously as possible
and the City agrees to have the Project implemented within 48
months from the date funds are made available for the project.
NOW, THEREFORE, for and in consideration of the premises and
mutual covenants and agreements contained herein, the parties
hereto agree as follows:
1. The City shall consult with, and act as the agent of, the
Department in performing the preliminary engineering, and
construction phases of the Project, specifically
including the following:
a. Perform or contract with a consultant to perform
the preliminary engineering, design and plan
development necessary to award a contract for
construction; and the administration, supervision
and inspection of the construction of the Project
through final acceptance in accordance with
Department procedures and policies, including
settlement of any claims and disputes arising from
the Project.
b. If deemed appropriate by the Department, submit
each phase of the work to the Department for review
and approval as the project develops and allow
Department personnel to inspect all phases of the
project at all times.
-2-
c Prepare plans for the Project, including such items
as general notes, references to specifications and
standards, typical sections, drainage plans,
stormwater management, erosion and sediment control
methods, profiles, cross sections, summaries, and
the like. Plans may be prepared in accordance with
City of Virginia Beach standards and format,
provided the standards meet or exceed Department
standards or are approved by the Department.
d. Coordinate the project through the State
Environmental Review Process, prepare the
appropriate environmental document as established
by Federal Highway Administration policy and
procedures and carry out the functions necessary to
clear the Project environmentally.
e. Evaluate for potential contaminated and/or
hazardous waste sites during the survey or early
plan development stage. Be prepared to discuss the
presence of these sites and design alternatives
with the Department. If contamination is
determined to exist, whether obvious or established
through testing, the City shall notify the
appropriate regulatory agency. with the
Department's approval, conduct detailed studies
such as site characterization to determine the
length of time required for clean-up and any
-3-
potential financial liability for the City and
Department. If the purchase of property is
anticipated the Department and City's first option
is to pursue remediatiorl by the property owner(s)
through the appropriate agencies.
f. If required, post a "notice of willingness to hold
a public hearing" on the Project, conduct such a
hearing, if necessary, in accordance with
Department and Federal Highway Administration
requirements and coordinate the Project with
property owners in the Project area.
9. Obtain all necessary permits for the Project.
h. Procure a contractor to construct the Project, in
conformance with applicable provisions of the
Virginia Public Procurement Act. The City agrees
not to award a construction contract to any bidder
unless its bid is within seven percent (7%) of the
City's cost estimate or which is approved by the
Department. The City agrees not to award such
contract until the Commonwealth Transportation
Board has acc@pted and approved the bid and the
contractor, and until a standard City-State
Agreement is executed. Department policy will
govern the rate of participation for utility
relocations and storm sewers.
-4-
Submit any change orders to the construction
contract to the Department's Resident Engineer for
approval.
j. Receive Department approval of any claims prior to
settlement.
k. Maintain accurate records of the Project and
documentation of all expenditures, identifying
federally participating, federally non-
participating, and in-kind contributions, on which
reimbursement will be based. make project
documentation available for inspection and/or audit
by the Department or the Federal government at any
time.
1. Submit to the Department's Resident Engineer no
more frequently than monthly, a statement
requesting reimbursement for the Federal share of
the project's costs. The statement must identify
and document project expenditures to date and
include a summary in the following categories:
(1) Participating expenditures those
expenditures which are eligible for Federal
Highway Administration participation.
(2) Non-participating expenditures - those
expenditures which are not eligible for
Federal Highway Administration participation.
(3) In-kind contributions of donated right-of-way
or services.
-5-
All preliminary engineering charges shall cease on
the date the construction contract is awarded. The
final billing shall be made on the basis of final
actual costs, reconciling any difference with
previously billed amounts
M. Agree to reimburse the Department 100!k of all
expenses incurred by the Department in the event
that:
(1) The project is cancelled during any phase of
work;
(2) Expenditures incurred are not reimbursed by
the Federal Highway Administration due to the
.City's failure to follow proper federal
guidelines and/or the expenditures are found
to be federally non-participating items;
(3) Expenditures incurred exceed the total amount
allocated in the Six Year Improvement Program.
2. The Department will coordinate with, cooperate with, and
assist the City in implementing the Project, and
specifically agrees to:
a. Review each phase of the Project and respond in an
expeditious manner to requests from the City.
b. Provide the necessary coordination with the Federal
Highway Administration and other appropriate
Federal and State agencies; provide assistance and
guidance to the City relative to environmental
documentation and coordination as is appropriate.
-6-
C. Provide reimbursement for Project expenditures for
the previous month or for the final billing, within
thirty (30) days of receiving an acceptable
statement from the City. The reimbursement amount
will be based on the Enhancement Project worksheet
(example attached).
d. Audit all project costs and records as required by
the Federal Highway Administration.
e. Provide funding for the project pursuant to the
Enhancement Program in the Department's Six Year
Improvement Program.
3. All applicable federal, state and local regulations shall
apply to all work performed on the project including
consultant services contracts and construction contracts.
4. Nothing herein shall be construed as creating any
personal liability on the part of any officer, employee,
or agent of the parties, nor shall it be construed as
giving any rights or benefits to anyone other than the
parties hereto.
5. This Agreement shall be binding upon the parties hereto,
and their respective successors and assigns.
6. Upon the execution of this Agreement by both parties, the
City is hereby authorized to commence with the Project.
7. This agreement may be modified with the mutual consent of
the Department and the City.
-7-
IN WITNESSETH WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officers.
ATTEST: v CITY OF VIRGINIA BEACH
CITY CLERK CITY SIGNATURE
APPROVED fs
APPROVED AS TO FORM:
BY:
RNEY
WITNESS: COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION
BY:
COMMISSIONER
-8-
Virginia Department of Transportation
Enhancement Project Worksheet
For the month ended ....
(This worksheet to be prepared by VDOT)
Project Number:
Total Est. Project Costs:
Federal Project Est. Total:
Federal Participating Share: 80.00%
VDOT Expenditures to date:
Agency Charges
ConsultanVContractor
Total VDOT
Locality Expenditures to date:
Direct Costs
* Local Charges
* Consultant/Contractor
Subtotal Direct
* Donated RNV (in-kind)
Limitation to match incurred costs#
Lesser or Donated R/W & limitation
Maximum benefit for donated In-kind
*@-4
Limits the value of donated R/W to the Federal Match amount)
Total Locality
Eytrect & value of donated)
To date Project Totals
Federal Share (80% Part Cost)
Maximum
(Les@r of Federal Share or Ma)dmum Federal Participation)
Amount Due Locality
Amount Due from FHWA
Less VDOT's Expenditures
Reimbursement Due Locality
Less Pr
Numbers provided by Locality
Locality Contributions
Locality's Total Costs
Direct Costs incurred by Co. to date
FVDOF ON-LY
- 24 -
]mm IV-Klo.
CONSEIVT AGENU4
ORDI]VANCESIXESOLUTION ITEM # 41066
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $8,016.26 upon
application of certain persons and upon certification of the City
Treasurer for payment
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baun4 Linwood 0. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and LouiS4 M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1996
RM NO, C.A. 7 7/ IO/ 96 EMC
Page 1 of 2
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 T icket Exonera- D ate Penalty I nt. Total
Year of Tax Number tion No. Paid
Church Point Homeowners Assoc 96 RE(1/2) 021659-5 11/16/95 321.26
Church Point Homeowners Assoc 96 RE(2/2) 021659-5 5/23/96 321.26
Church Point Homeowners Assoc 96 RE(1/2) 021660-2 11/16/95 2.97
Church Point Homeowners Assoc 96 RE(2/2) 021660-2 5/23/96 2.97
Church Point Homeowners Assoc 96 RE(1/2) 021661-1 11/16/95 2.97
Church Point Homeowners Assoc 96 RE(2/2) 021661-1 5/23/96 2.97
Church Point Homeowners Assoc 96 RE(1/2) 021662-0 11/16/95 1,002.97
Church Point Homeowners Assoc 96 RE(2/2) 021662-0 5/23/96 1,002.97
Church Point Homeowners Assoc 96 RE(1/2) 021663-9 11/16/95 2.97
Church Point Homeowners Assoc 96 RE(2/2) 021663-9 5/23/96 2.97
Church Point Homeowners Assoc 95 RE(1/2) 021323-2 12/5/94 308.28
Church Point Homeowners Assoc 95 RE(2/2) 021323-2 5/30/95 308.28
Church Point Homeowners Assoc 95 RE(1/2) 021327-8 12/5/94 2.85
Church Point Homeowners Assoc 95 RE(2/2) 021327-8 5/30/95 2.85
Church Point Homeowners Assoc 95 RE(1/2) 021325-0 12/5/94 2.85
Church Point Homeowners Assoc 95 RE(2/2) 021325-0 5/30/95 2.85
Church Point Homeowners Assoc 95 RE(1/2) 021326-9 12/5/94 373.07
Church Point Homeowners Assoc 95 RE(2/2) 021326-9 5/30/95 373.07
Church Point Homeowners Assoc 95 RE(1/2) 021324-1 12/5/94 2.85
Church Point Homeowners Assoc 95 RE(2/2) 021324-1 5/30/95 2.85
Church Point Homeowners Assoc 94 RE(1/2) 02128371 12/5/93 2.85
Church Point Homeowners Assoc 94 RE(2/2) 021283-1 6/5/94 2.85
Church Point Homeowners Assoc 94 RE(1/2) 021281-3 12/5/93 292.41
Church Point Homeowners Assoc 94 RE(2/2) 021281-3 6/5/94 292.41
Church Point Homeowners Assoc 94 RE(1/2) 021284-0 12/5/93 2.85
Church Point Homeowners Assoc 94 RE(2/2) 021284-0 6/5/94 2.85
Church Point Homeowners Assoc 94 RE(1/2) 021282-2 12/5/93 2.85
Church Point Homeowners Assoc 94 RE(2/2) 021282-2 6/5/84 2.85
Church Point Homeowners Assoc 93 RE(1/2) 020988-2 12/5/92 279.59
Church Point Homeowners Assoc 93 RE(2/2) 020988-2 6/5/93 279.59
Donald L Moore 96 RE(2/2) 082820-1 6/5/96 65.98
United Bank of Texas FSB 96 RE(1/2) 119429-6 12/5/95 41.41
Principal Residential Mortgage 96 RE(2/2) 104647-4 5/14/96 124.42
Nationsbanc Mortgage Corp 96 RE(2/2) 137006-9 5/17/96 16.64
Inland Mortgage Corp 96 RE(1/2) 100543-7 12/5/95 14.85
Preston J & Sally Williams 95 RE(1/2) 128656-2 12/5/94 13.23
Preston J & Sally Williams 95 RE(2/2) 128656-2 6/5/95 13.23
Capstead Inc 95 RE(1/2) 030930-8 6/5/95 533.40
See next page
This ordinance shall be effective from date of adoption.
The above abatements totaling Ci
were approved by
the Council of the City of Virginia
Beach on the --day of
Jc
Ap oved as to form:
Ruth Hodges Smith
City Clerk e@
71 10/ 96 EMC
RM NO. C. A. 7 Paoe 9 of 2
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 lnt. Total
Year of Tax Number tion No. Paid
Herbert C Sr & Nannie Fleear 96 RE(1/2) 039171-6 12/5/95 23.39
Herbert C Sr & Nannie Fleear 96 RE(2/2) 039171-6 5/23/96 23.39
Herbert C Sr & Nannie Fleear 95 RE(1/2) 038400-2 11/30/94 21.79
Herbert C Sr & Nannie Fleear 95 RE(2/2) 038400-2 6/5/95 21.79
Herbert C Sr & Nannie Fleear 94 RE(1/2) 038178-3 11/30/93 47.64
Herbert C Sr & Nannie Fleear 94 RE(2/2) 038178-3 6/5/94 47.64
Herbert C Sr & Nannie Fleear 93 RE(1/2) 037656-7 12/5/92 44.45
Herbert C Sr & Nannie Fleear 93 RE(2/2) 037656-7 6/5/93 44.45
James R& Milca Jamison 95 RE(1/2) 058485-8 12/5/94 11.40
James R& Milca Jamison 95 RE(2/2) 058485-8 5/21/95 11.40
James R& Milca Jamison 94 RE(1/2) 058014-9 11/22/93 11.40
James R& Milca Jamison 94 RE(2/2) 058014-9 5/16/94 11.40
James R& Milca Jamison 93 RE(1/2) 057382-6 11/23/92 10.90
James R& Milca Jamison 93 RE(2/2) 057382-6 5/12/93 10.90
Joseph Jr & June Walton 95 RE(1/2) 124014-8 11/18/94 23.21
Joseph Jr & June Walton 95 RE(2/2) 124014-8 5/24/95 23. 2 1
Joseph Jr & June Walton 94 RE(1/2) 123065-9 121 5/ 93 23.21
Joseph Jr & June Walton 94 RE(2/2) 123065-9 6/5/94 23.21
Joseph Jr & June Walton 93 RE(1/2) 121932-5 12/5/92 22 . 19
Joseph Jr & June Walton 93 RE(2/2) 121932-5 5/26/93 22. 19
Estate of Olivia LReid 96 RE(1/2) 098972-3 11/6/95 153.43
Estate of Olivia LReid 96 RE(2/2) 098972-3 4/11/96 153.43
Estate of Olivia LReid 95 RE(1/2) 097533-8 11/16/94 147 . 2 3
Estate of Olivia LReid 95 RE(2/2) 097533-8 5/11/95 147.23
Estate of Olivia LReid 94 RE(1/2) 096689-3 12/5/93 147.23
Estate of Olivia LReid 94 RE(2/2) 096689-3 5/ 27/ 94 147.23
Estate of Olivia LReid 93 RE(1/2) 095880-3 11/18/92 140.78
Estate of Olivia LReid 93 RE(2/2) 095880-3 6/ 5/ 93 140.78
Great Financial Mort Bank FSB 95 RE(1/2) 094554-9 11/23/94 18.30
Great Financial Mort Bank FSB 95 RE(2/2) 094554-9 5/21/95 18.30
Great Financial Mort Bank FSB 94 RE(1/2) 093726-5 11/23/93 20.69
Great Financial Mort Bank FSB 94 RE(2/2) 093726-5 5/27/94 20.69
Great Financial Mort Bank FSB 93 RE(1/2) 092932-8 11/24/92 25.72
Great Financial Mort Bank FSB 93 RE(2 '/2) 092932-8 5/29/9@ 25.72
Dollar Rent-A-Car Systems N/A Pkng 496201 -0/l/96 200.00
Total 8,016.26
This ordinance shall be effective from date of adoption.
The above abatements totaling
$8,016.26 were approved by
the Council of the City of Virginia
Beach on the 6 day of Aiigii@qt , 1.996
pprove as to orm:
Ruth Hodges Smith
City Clerk
le@,. t:Li@lley, City
- 25 -
Item IV-K II
CONSENT AGENDA
ORDINANCES/RESOLUTION ITEM 0 41067
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance authorizing license refunds in the amount of $11,208.69 upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent,
None
August 6, 1996
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Broughton, Johnny R.
T/A New England Snow
424 A. Fort Monroe 1996 04-26-96 60 00 60 00
Virginia Beach, VA 23651
Eastern Data Of VA Inc.
2798 Dean Drive #8 1992-95 Audit 11 118 69 11,118@69
Virginia Beach, VA 23452
McClain, Mi Ok 1996 06-12-96 30 00 30,00
T/A New Age Gift
3616 Tealwood Court
Virginia Beach VA 23456
Certified as to Payment:
@-obert P. Vaugha
Commissioner of Revenue
Approved as to form:
e@slie'L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $11,208.69 were approved by the Council
of the City of Virginia Beach on the 6th day of August 19 96
Ruth Hodges Smith
City Clerk
- 26 -
Ite,m IV-L. I.
APPOINTMENTS ITEM # 41068
Mayor Oberndorf ANNOUNCED her appointment with City Council's concurrence:
CITY/SCHOOL CONSOLIDATTON COMMITTEE
Reba S. McClanan
(Resigned: Linwood O. Branch III)
August 6, 1996
- 27 -
*Item IV-L2.
APPOINTMENTS ITEM # 41069
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
VIRGINIA BEACH DEVELOPMENT AUTHORITY
Stephen W. Burke
4 Year Term
09/01/96-08/31/2000
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. &rayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1996
- 28 -
tem IV-L3.
APPOINTMENTS ITEM # 41070
Upon NOMINATION by Pice Mayor Sessom, City Council RF.4PPOIATED:
PARKS AND RECREATION COMMISSION
Dan H. Brockwell
John F. Bryant
Herbert A. Culpepper
Diane F. Horsley
(3 Year Terms 091011% thru 08131199)
Voting: 11-0
Council Meinbers Voting Aye:
John A. Baum, Lin@ a Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis P, Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, ;rice Mayor William D.
Sessona, Jr. and Louisa M. Strayhorn
Council Mcinbers Voting Nay:
None
Council Meinbers Absent:
None
August 6, 1996
- 29 -
Item IV-L4.
APPOINTMENTS ITEM # 41071
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED.-
VIRGINIA BEACH CRIME TASK FORCE
Jane Brooks
Unexpired Term thru 02128199
H. Les Powell
Unexpired Term thru 02128197
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Obemdorf Nancy K Parker, Vice Mayor William D.
Sessona, Jr. and Louisa M. Strayhom
Council Meinbers Voting Nay:
None
Council Meimbers Absent.
None
August 6, 1996
- 30 -
Item IV-L.5.
APPOINTMENTS ITEM # 41072
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
Gene E. Feuerhahn
Unexpired term thru 03/31/98
Peregrin C. Francisco
Unexpired term thru 03/31/97
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1996
- 31 -
item IV-N.1.
ADJOURNMENT ITEM # 41073
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:20 P.M.
e
r Hooks, CMC/AAE
Chief Deputy City Clerk
--- - ---- ---- --------------------------
,Wtlh Hodges @ CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
lrtrginia
August 6, 1996