HomeMy WebLinkAboutOCTOBER 31, 1988
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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MUNICIPAL CENTER
A--Y I --, j@., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 9002
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October 31, 1988
ITEM 1. CITY MANAGERIS BRIEFING - Conference Room 11:00 AM
A. UPDATE OF REAL ESTATE ASSESSMENTS
Jerald Banagan, Real Estate Assessor
B. LONDON BRIDGE ROAD PHASE I - TRAFFIC ANALYSIS STUDY
C. Oral Lambert, Jr., Director of Public Works
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room 12:30 PM
A. CITY COUNCIL CONCERNS
ITEM Ill. INFORMAL SESSION - Gonference Rooin 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber 2:00 PM
A. INVOCATION: Reverend Michael Simons
Virginia Beach Community Chapel
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - October 24, 1988
E. ORDINANCE
1. Ordinance authorizing acquisition of property in fee simple for
utility easements for Hartford Glen Subdivision and acquisition of
temporary and permanent easements, either by agreement or by
condemnation.
F. CONSENT AGENDA
Al I matters I isted under the Consent Agenda are considered in the
ord inary course of business by City Counci I and wi 1 1 be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution approving design features of Princess Anne Road
Phase I I I and requesting Vi rginia Department of Transportation to
proceed with design completion and to acquire all rights-of-way in
the name of the Commonwealth of Virginia at the appropriate time.
2. Ordinance to AMEND and REORDAIN Section 23-9.1 of the Code ot the
City of Virginia Beach, Virginia, re audible Intruder alarms being
equipped with bell/siren cut-off.
3. Ordinance to AMEND and REORDAIN Section 23-30 of the Code of the
City of Virginia Beach, Virginia, re massage parlors.
4. Ordinance to AMEND and REORDAIN Sections 32-17 and 32-30 of the
Code of the City of Virginia Beach, Virginia, re going-out-of-
business sales.
5. Ordinance authorizing the City Manager to enter into a trust
agreement with the States Self-Insurers Risk Retention Group, Inc.
for the placement of excess liability insurance.
6. Ordinance authorizing the City Manager to execute an agreement re
commitment for rehabilitation loans from the Virginia Housing
Development Authority.
7. Ordinance to TRANSFER $15,000 frorn Community Development Block
Grant Funds to support a contract with and authorize the City
Manager to execute an agreement with the Virginla Beach Community
Development Corporation for a transitional housing program.
8. Ordinance to authorize a temporary encroachment into a portion of
the right-of-way of Garrison Avenue (unimproved), to HENRY L.
THOMPSON and WILLIAM J. MULROY, their heirs, assigns and
successors in title.
9. Ordinance to authorize a temporary encroachment into a portion of
the right-of-way of 61st Street and Atlantic Avenue, to NORMAN E.
SCRUGGS, his heirs, assigns and successors in title.
10. Low Bid to A and W CONTRACTORS, INCORPPORATED in the amount of
$48,500.00 for Drainage Improvement Project - Fairfield Park
Section 11 (CIP 2-020).
11. Ordinance authorizing tax refunds in the amount of $1,665,68.
12. Ordinance authorizing license refunds in the amount of $3,049.02.
G. APPOINTMENTS
COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE
HISTORICAL REVIEW BOARD
TRANSPORTATION SAFETY COMMISSION
H. UNFINISHED BUSINESS
1. NEW BUSINESS
1. INTERIM FINANCIAL STATEMENTS FOR THE PERIOD
JULY 1, 1987, through JUNE 30, 1988
Giles G. Dodd, Assistant City Manager for Administration
2. CITY COUNCIL HOLIDAY SCHEDULE
December 1988, and January 1989
J. ADJOURNMENT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 31, 1988
The CITY MANAGER'S BRIEFING of the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building,
on Monday, October 31, 1988,at 11:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John D. Perry and William D. Sessoms, Jr.
Council Members Absent:
John D. Moss (ENTERED: 11:16 A.M.)
- 2 -
C I T Y M A N A G E R 'S B R I E F I N G
UPDATE OF REAL ESTATE ASSESSMENTS
11:00 A.M.
ITEM # 30253
Jerald Banagan, Real Estate Assessor, advised the FY 1988/1989 Land Book
effective July 1, 1988 lists 125,177 taxable parcels with a total value of
$14,164,342,022 which will generate taxes of $129,604,364.38. This is very
close to the projection of February 25, 1988 of $14,155,225,023. The Land Book
will be expanded throughout the tax year with partial assessments on new
construction to be added effective October First, January First and April First
to arrive at a projected assessment of $14,296,225,032.
In addition the Land Book lists 1,723 non-taxable parcels with a value of
$2,129,635,293; this represents 13.07% of the total value of all real estate.
The FY 1987/1988 percentage was 13.38%.
Jerald Banagan reiterated the REAL ESTATE GROWTH:
(January 1, 1988 thru June 30, 1988)
LAND - (Rezonings and Subdivisions)
$ 41,809,077
NEW CONSTRUCTION - (Buildings only)
$197,863,896
TOTAL GROWTH - (Land and Buildings)
$239,672,973
Current Period Down 23% from 1987
Current Period Down 47.5% from 1986
Jerald Banagan advised the Residential New Construction entailed 1,083 Single
Family Houses, 217 Townhouses, 330 Condominiums and 5 Duplexes. Separated into
Boroughs, this comprises:
Bayside - 49 Houses, 88 Condominiums, I Duplex
Blackwater - 2Houses
Kempsville - 406 Houses, 57 Townhouses, 149 Condominiums
Lynnhaven - 134 Houses, 12 Townhouses, 56 Condominiums, 3 Duplexes
Princess Anne - 457 Houses, 148 Townhouses, 16 Condominiums
Pungo - 17 Houses
Virginia Beach - 18 Houses, 21 Condominiums, 1 Duplex
Kempsville and Princess Anne depict the larger growth. The majority of the new
construction is derived from Ocean Lakes, Alexandria and Glenwood.
There have been 22 houses built south of the GREENLINE since June.
- 3 -
C I T Y M A N A C E R 'S B R I E F I N G
UPDATE OF REAL ESTATE ASSESSMENTS
ITEYi # 30-@53 (Continued)
Jerald Banagan advised a recapitulation of Cor@iinercial NEW CONSTRUCTION:
31 General Commercial $12,647,194
2 @lotel $13,571,173
7 Indtistrial $10,644,820
12 Office $13,100,149
$49,972,"36
185 Apartments $ 4,884,214
$54,856,550
Tlie new construction in the commercial-industrial is approxiriately 25.8% of the
total. The Tax Base last January was approxi-mately 21,@' commercial-i-ndustrial;
therefore new construction is out pacing the configuration of the ta- base.
Appreciation appears to be modest in t@,e 4% - 5/- range overall and with
submarkets of townhouses, low rise condominiums and small single family homes
experiencing little or no appreciation Tt appears that the overall residential
real estate market at this time is a buyers market with greater supply than
den,,and.
With reference to the Elderly and Disabled Persons exemption prograr@i,
approximately 100 applications were received over the last years' figures.
Applications will still be received through January Thirty-first; therefore,
the process is still not completed. To date the exenptions ar,-iount to $378,000.
The appropriation for that program vias $309,000. An additional $80,000
appropriation shall be presented for City I-ouncil approval.
Jerald Banagan advised when City Council is given the February Report and all
properties have been appraised, a synopsis shall be given of areas receiving
only slight appreciation and those appreciating greatly.
Councilman Baum referenced the VML NEWSLETTER article relative a Cable
Television Program on affordable housing. 'Ehe City Manager will advise if a
video tape can be acquired for those who do not have cable.
- 4 -
C I T Y M A N A G E R 'S B R I E F I N G
LONDON BRIDGE ROAD PHASE I - TRAFFIC ANALYSIS STUDY
11:35 A.H.
ITF@l # 30254
C. Oral Lambert, Director of Ptiblic Works, referenced the map depicting the
London Bridge Road Corridor and surrounding area. The map contained the major
roadways either planned or already existing on tlie MASTER STREET AND IIIGHVAY
PLAN. There are two distinct areas of activity within the CORRIDOR. There is an
active project under design for the improvement of London Bridge Road from
Strawbridge back up to wiiere it would intersect with the future alignment of
Dam Neck Road. This is an active design project. The -,ity of Virginia Beach has
designed it and it has recently been accepted as a Virginia Department of
Transportation Project. The second area of activity entails transportation
analysis. This involves not only the London Bridge Road project but also recent
development activity i.e, rezoning of the WIIITE FARM, the potential development
of the A.T. TAYLOR tract, the issue of whether Estates Drive should be extended
to London Bridge Road, and whether or not Culver Lane should be extended. This
study is currently being developed by the Planning Department.
Donald Trueblood, City Engineer, advised LONDON BRIDGE ROAD PHASE I, is a
project the City is designing. On March Twenty-second, a Public Location
@iearin-. was lield to discuss different alignrients of London Bridge Road. There
were four (4) alternatives considered which Donald Trueblood depicted on the
map:
Alternative A - recommended by tlie City and the Consultant. There
would be no relocation of residences.
Alternative B - followed iiore generally the line of the exisiting
London Bridge Road.
Alternative C - would require a corqplete relocation of two
residences and would also leave Old London Br4ldge Road in its
present condition, a narrow road with the ditches on each side. If
the City should decide to improve Old London Bridge Road up to City
Standards, tfiis would add another $800,000 to the cost.
Alternative D - l@io build alternate.
Donald Trueblood advised the City Staff has not requested permission to proceed
to final design as they are awaiting completion of the Transportation Analysis.
One possibility which might come from this analysis is London Bridge Road might
be a six-lane road. It is presently on the MASTER STREET and HIGHWAY PLAN as a
four-lane road. If the results of tliis analysis indicate a six lane road then
Alignment C would facilitate going to six lanes in the future better than
Aligriment A. The CIP Schedule would require Construction to begin in August of
1991 with completion in mid 1993. The Traffic Analysis should be completed mid
to late @;ovember.
C. Oral Lambert advised the City is proceeding witti the design of a four-lane
roadwav and this alignr@ient seems to be adequate unless a six-lane facility is
desired. The decision has been made not to put an interchange at London Bridge
Road with the Southeastern Expressway. C. Oral Lambert further advised an
ar,iendment to the MASTER STREET AND HIGHWAY PLAN shall be proposed to the
Planning Department. The Old London Bridge Road, rather than curve around, will
extend straight down to the ineiv Dam Neck Road. The portion depicted on the map
will come up to a T intersection and two cul-de-sacs shall be provided. This
will in effect segregate the area behind the back part of NAS Oceana as
probably an industrial use with a cul-de-sac road serving it and the main
access back up at London Bridge Road and Dani Neck Road. The back entrance to
NAS Oceana would be shifted over to a T-sj-gnalized intersection so that tlie
access to NAS Oceana would be off of Dam Neck Road.
- 5 -
C I T Y M A N A G E R 'S B R I E F I N G
LONDON BRIDGE ROAD PHASE I - TRAFFIC ANALYSIS STUDY
ITEM # 30254 (Continued)
Mac Callison, Transportation Planner with the Planning Department, advised the
Staff is currently in the process of finalizing an area wide or what may be
termed a sub area transportation review, basically bounded by Harpers Road on
the north, Ferrell Parkway on the Soutli, General Booth Boulevard on the east as
well as Holland Road on the west. The City is in the process of respecifying
tools used to estimate travel demand into the future. There have been
substantial land use changes in this area. This Transportation Study looks at
the impending development into the future into a Target Year 2010 Time Frame.
In addition to addressing London Bridge, the series of Interchanges associated
with Southeastern Expressway, one would be located on Dam Neck suggesting Dam
Neck would serve as a major east/west interchange point. The second being on
Harper's Road Extended or a Seaboard Extended facility. By having those
Interchanges placed at those locations, it substantially removes the travel
pressure particularly on an east/west travel demand to occur on London Bridge
Road. Therefore, there may be more of a tendency for London Bridge Road to
serve adjacent land uses rather than as a major thru street such as Dam Neck
Road is envisioned and the impacts to the community.
Councilwoman McClanan advised London Bridge Road is not an adequate road even
for residential traffic. Estates Drive originally on the MASTER STREET AND
HIGHWAY PLAN, was just a residential connector and not a major roadway.
Mat Callison advised Estates Drive is currently depicted as connecting between
Dam Neck and London Bridge, but there may be a change of circumstance north of
Dam Neck. Tf Estates Drive does serve as a loop it may well serve with a
connection to London Bridge as an outlet or an access facility for the current
Corporate Landing Development.
The City Manager advised more definitive information relative changing land
uses will be SCHEDULED for the City Council Meeting of November 21, 1988.
October 31, 1988
- 6 -
M A T T E R S 0 F T H E C I T Y M A N A G E R
ITEM # 30255
The City Manager referenced a RAFFLE PERMIT to ALL SAINTS EPISCOPAL CHURCH.
This item will be an ADD ON to the Agenda.
ITEM # 30256
The City Manager referenced an Ordinance to TRANSFER $15,000 from Commiinity
Development Block Grant Funds to support a contract with and authorize the City
Manager to execute an agreepient with the Virginia Beach Community Development
Corporation for a transitional housing program. (See Item IV-F.7 of the CONSENT
AGENDA.)
Assistant City Attorney Kevin Cosgrove distributed an AMENDED Contract. The
time period shall be extended through 1993. This is the only amendment,
changing the time limits.
IT@l # 30257
The City Manager advised the CIP Briefing will be presented to City Council on
November 14, 1988, prior to the Formal Agenda rather than a SPECIAL SESSION on
November 10, 1988. The City Council/School Board Joint CIP Workshop has been
RESCHEDULED for 1:30 P.M. to 3:30 P.M. on November 16, 1988 at the Central
Library rather than 3:00 P.M. to 5:00 P.M.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 30258
Councilman Baum referenced the 14th ANNUAL FALL FORESTRY AND WILDLIFE BUS-TOUR
PROGRAMS sponsored by the Virginia Cooperative Extension Service scheduled for
November 3, 1988. The Emphasis will be on Forestry and Wildlife Mangement in
the Urban/Rural Tnterface. Assemble for registration, coffee and exhibits
between 8:00 and 8:30a.m.. at the Hampton Roads Agricultural Experiment Station
on Diamond Springs Road. The Tour will end at Councilman Baum's tree farm and
focus on "pragmatic" forestry practices.
TTEM # 30259
With reference to HOUSE BILL NO. 1037 (NON-TIDAL WETLANDS), Councilman Baum
referenced on October 17, 1988, Louis Cullipher, Director of the Department of
Agriculture, advised the Hydric Soils in Virginia Beach are 67% and in
Chesapeake 80%. Councilman Baum advised most of the waters of the Agricultural
areas of Chesapeake and Virginia Beach drain out of the Northwest, North
Landing River, Back Bay, go through Currituck Sound out of Albemarle Sound and
Pamilco Sound going downhill towards Oregon Inlet then in some mysterious
manner makes its way back up the Coast, turns left on Cape lienry and goes
uphill to the Chesapeake Bay. It took approximately 300 miles for Councilman
Baum's water to get to the Chesapeake Bay. Someone was mistakenly informed the
drainage waters of the rural areas affect the Chesapeake Bay.
Councilman Baum referenced the Local Goverriment Advisory Committee Conference
Meeting, an advisor to the Chesapeake Executive Council, on November 18-19-20,
1988 at the Virginia Beach Resort & Conference Center. The rural areas are not
in their drainage area.
Councilman Baum further advised he is in favor of preserving trees and has
planted approximately 1/2 MILLION but this is not the economic trend. The
economic trend is for farmers to clear the land of wood and put it in crop
land.
ITEM # 30260
Councilwoman McClanan referenced the Resolution ADOPTED for Dam Neck Road Phase
II on April 8, 1988, was based upon the plans presented by the State. Last
week, the State included the Utility Purchase beyond what was initially stated
at the Public Hearing, instead of four feet it is up to 20 feet. The State is
not doing exactly what they had proposed in connection with a house to be
purchased. C. Oral Lambert is co-ordinating with Councilwoman McClanan to
SCHEDULE a meeting with the affected residents.
ITEM # 30261
Councilwoman McClanan distributed a letter from the City Manager referencing
land for a Recreational Vehicle Storage Area with accompanying 'nap.
Councilwoman McClanan had requested the City Manager investigate the
possibility of utilizing City land for individuals to park their RV's.
Councilwoman McClanan believed the Staff report complete analyzing both from
the standpoint of putting in a permanent lot and a temporary storage lot, the
cost, requirements for zoning and the analysis being fairly complete.
Councilwoman McClanan suggested part of the land be utilized for a temporary
storage lot, observe the development and then proceed. (Letter from the City
Manager dated October 17, 1988, and map is hereby made a part of the record.)
Councilwoman McClanan referenced a Resolution requesting the Board of Zoning
Appeals to Defer Consideration of Variance applications pertaining to major
recreational equipment for a period of ninety (90) days. This was ADOPTED by
City Council on May 23, 1988.
- 8 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITFPI # 30261 (Continued)
Councilwoman McClanan requested by letter the Board conti,,e to DEFER
Consideration beyond the 90 day period. The Board notified Councilwoman
McClanan they were not going to DEFER consideration as only she and not the
entire Council had requested same. This request will be ADDED under UNFTNTSHED
BUSINESS in the Formal Session.
Councilwoman McClanan had requested William Macali DRAFT a Resolution
requesting the Planning Commission to require developers to set aside space in
townhouse and condominiums for the parking of major recreational equipment.
This is done in a number of communities. Provisions for special exceptions and
variances should either be written into the Ordinance or eliminated, as it is
very unfair to take citizens' $100 fee when there are no provisions by which
any variances may be granted. RV's should be eliminated in small lot
subdivisions such as 5,000 square foot lots, townhouses and apartments unless
overall parking lots are provided in those areas. Councilwoman McClanan would
also request the Planning Commission to consider a maximum height and size and
under what conditions RV's would be suitable for storing in R7.5 neighborhoods.
ITEM # 30262
Councilman Moss requested the City Manager advise relative the action, if any,
by the State Board of Education on the new accounting classification system.
ITFI,l # 30263
Councilman Moss understood the State is mandating that in the near future the
Junior High Concept will no longer exist. There will be middle schools (sixth,
seventh and eighth grades). If this is true, the City needs to examine their
CIP buildout program and what effect this decision would have of placing the
Ninth grade back into High Schools.
ITEM # 30264
Councilwoman McClanan referenced a PUBLIC HEARING regarding the State assisting
with funding the construction of schools. Robert Matthias, advised a PUBLIC
HEARING is SCHEDULED for November 1, 1988, in Norfolk. The Superintendent of
Schools has compiled a position and the City is also doing so following on the
concept of the CIP.
ITEM # 30265
Councilman Moss again referenced the issue of Noise Abatement and a Resolution
directing the Planning Commission to consider and make its recommendation
concerning a proposal to ariend the Master Street and Highway Plan so as to
provide greater Street Widths. This Resolution was ADOPTED by the Council of
the City of Virginia Beach on June 13, 1988. The Planning Commission was
directed to forward its recommendation to the City Council within 120 days of
the date of ADOPTION. The State Law goes into effect January 1, 1989.
ITEM # 30266
With relation to the ORDINANCE TO AMEND AND REORDAIN THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA relating to Shopping Center
Parking. Councilwoman Parker suggested a Committee be formed to reevaluate
parking lot landscaping: Roger Huff, Eddie Barnes (Landscape Services), Bill
Toner (Pembroke Realty), Claudia Cotton (TBA) Assistant City Attorney Gary
Fentress, Charles Krummel (Planning Commissioner and Krummell and Jackson,
Johnnie Miller, Ann Brown (Council of Garden Clubs), Pat Bridges
(Beautification Commission), Bob Carter (Koger Executive Center), Tom Steele
(Landscape Architect), Jack Whitney (Environmental Co-ordinator) and Council
Members Reba McClanan and Nancy Parker. Relative this Committee, the Mayor
requested Councilwoman Parker write a purpose, the term of existence, goals,
relationship to City Council, Staff and Planning Commission and bring this to
City Council in the form of a Resolution.
TTEM # 30267
Councilwoman Parker advised the Chesapeake Bay Liaison group passed the policy
NON-TIDAL WETLANDS. Councilwoman Parker voted against same as she knew it had
not gone out to all localities.
- 9 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 30268
Mayor Oberndorf referenced the request to ADOPT Cooke Elementary School under
the Adopt-A-School Program.
This item will be an ADD-ON under NEW BUSINESS.
October 31, 1988
- 10 -
ITEM # 30269
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, October 31, 1988 at 1:05 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 11 -
ITEM # 30270
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Heischober, seconded by Councilman Moss, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker. John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 31 1
- 12 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 31, 1988
2:00 P.@l.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
October 31, 1988 at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. lfenley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend @lichael Simone
Virginia Beach Cornmunity Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 13 -
Item IV-D.l.
MINUTES TTEM # 30271
Upon motion by Councilwoman Ilenley, seconded by Councilman Sessoms, City
Council DEFERRED the INFORMAL AND FORMAL SESSIONS of the City Council Meeting
of October 24, 1988, until the City Council Meeting of November 7, 1988
ITEM # 30233, pages 32 and 33
ORDINANCE UPON APPLICATTON OF HOP-TN FOOD STORES,
INC. FOR A CONDITIONAL USE PERMIT FOR GASOLTNE
PUMPS TN CONJUNCTION WTTH A CONVENTENCE STORE
R010881177
These conditions shall be clarified and amended
relative dedication and reservation as well as the
specifying of curb cuts and DEFERRED until the City
Council Meeting of November 7, 1988.
ITEM # 30234, Page 34 and 35
ORDINANCE UPON APPLICATION OF KAREN A. LEWIS FOR A
CONDITIONAL USE PERMIT FOR A FAMILY DAY CARE HOME
R010881178
Condition Number One shall be amended:
1. The total number of children shall not exceed
eleven (11), (nine (9) non-related children plus
the applicant's two (2) children when they
return from school). This limitation means that
the total number of children to be cared for on
the premises during any 24-hour day is eleven
(11), regardless of whether all are present at
the same time or not.
ITEM # 30236, Page 38
Resolution Authorizing the Enlargement of the
Nonconforming Use and Structure Located at 512
Delaware Avenue. Property of James A. Baraff, Carl
A. Baraff, Robert E. Nelson and Linda Sue Newlin
A typographical area has been CORRECTED. The Vote
was 7-3 NOT 10-0.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
Item IV-E.l.
ORDINANCES ITEM # 30272
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Odinance authorizing acquisition of property in fee
simple for utility easements for Hartford Glen
Subdivision and acquisition of temporary and
permanent easements, either by agreement or by
condemnation.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 15 -
Item IV-F.l.
CONSENT AGENDA ITEM # 30273
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
APPROVED in ONE MOTION Items 1, 2, 4, 6, 7, 8, 10, 11, 12 and 13 (ADD-ON Raffle
Permit).
Items 3, 5 and 9 were pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoris, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 16 -
Item TV-F.l.
CONSENT AGENDA ITEM # 30274
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED:
Resolution approving design features of Princess
Anne Road Phase III and requesting Virginia
Department of Transportation to proceed with design
completion and to acquire all rights-of-way in the
name of the Commonwealth of Virginia at the
appropriate time.
Councilwoman McClanan wished C. Oral Lambert, Director of Public Works, to
request the State to consider some replacement of trees between the road and
the bikepath. If there are any substantial changes in the plan, the City
Council is to be notified before purchase.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
PRINCESS ANNE ROAD PHASE Ill
RESULUTION
WHEREAS, a Public Hearing was conducted on August 24, 19809
in the City of Virginia Beach by representatives of the
Commonwealth of Virgihia, Department of Transportation after due
and proper notice for the purpose of considering the proposed
qe-:ign of Princess Anne Road Phase III, State ProJect 0165-134-
104, PE-102, C502, C503 in the City of Virginia Beach at which
hearing aerial photographs, drawings and other pertinent
information were made available for public inspection in
accordance with state and federal requirements; and
WHERtAS, all persons and parties in attendance were afforded
full opportunity to participate in said public hearingl and
WHEREAS, representatives of the City of Virginia Beach, were
present and participated in said hearing; and
WHEREAS, the Council had previously requested the Virginia
Department af Transportation to program this project; and
WHEREAS, the Council hereby agrees to pay its share (5%) of
the total cost of right-of-way acquisition; and
WHEREAS, the Council considered all such matters; now
THEREFORE, BE IT RESOLVED that the Council of the City of
Virginia Beach hereby approves the major design features of the
proposed project as presented at the Public Hearing and request
the Virginia Department of Transportation to proceed with design
completion; and
BE IT FURTHER RESOLVED, that the City of Virginia Beach
requests the Virginia Department of Transportation to acquire all
rights-of-way necessary for the project in the name of the
Commonwealth of Virginia at the appropriate time.
Adopted by the Council.af the City of Virginia Beach on the 1
day of October 19138.
- 17 -
Item IV-F.2.
CONSENT AGENDA IT@l # 30275
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-9.1 of
the Code of the City of Virginia Beach, Virginia,
re audible intruder alarms being equipped with
bell/siren cut-off.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. @lienley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
APPROVED AS To CON'FENTS
sic
DEPARTNAINT
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-9.1 OF THE CITY CODE OF
3 THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO AUDIBLE
5 INTRUDER ALARMS TO BE EQUIPPED WITH
6 BELL/SIREN CUT OFF.
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Section 23-9.1 of the Code of the City of Virginia
12 Beach, Virginia, is hereby ordained to read as follows:
13 Section 23-9.1. Audible intruder alarms to be equipped with
14 bell/siren cut off.
15
16 (a) No person shall install, maintain, or operate, or
17 cause to be installed, maintained, or operated, any intrusion
18 alarm device or system which causes a siren, bell or other
19 audible response to be sounded outside an enclosed building or
20 other structure, unless such alarm device or system incorporates
21 a functioning sound cut-off timer which shall automatically
22 silence any audible signal after a period ll,)t exceeding ten (10)
23 minutes in any location zoned for residential use, and fifteen
24 (15) minutes in any other location. The provisions of this
25 section shall become effective April 1, 1989.
26 (b) Any person violating this section shall be guilty
27 of a Class III misdemeanor.
28
29 Adopted by the Council of the City of Virginia Beach,
30 virginia on 31st day of Octo@ 1988.
31
32
33 WEB/epm
34 04/21/87
35 09/21/88
36 CA-02238
37 \ordin\proposed\23-009-l.pro
38
- 18 -
Item IV-F.3.
CONSENT AGENDA ITEM # 30276
Denise Logsdon, 600 1/2 20th Street #2, Phone: 425-0934, Tidewater Professional
Massage Association
Kathy Eagleton, 7610 Atlantic Avenue, 428-3588 ext. 280, Director H. J. Reilly
School of Massotherapy
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-30 of
the Code of the City of Virginia Beach, Virginia,
re massage parlors.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
A,) L
SiGtIAlUl@
DEPARTMENT
APPROVED AS TO LEGAL
SUiFICIEN'C@',' F,@RM
O-J,@ -)' C, Y -
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-30 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO 14ASSAGE PARLORS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 23-30 the Code of the City of Virginia
9 Beach is hereby amended and reordained to read , folio,,:
10
11
12 Section 23-30. Physical contact with members of opposite sex at
13 massage parlors, etc.
14
15 (a) It shall be unlawful for any person to operate any
16 establishment, regardless of whether it is a public or private
17 facility, as a massage salon, bath parlor or any similar type
18 business, where any physical contact with the recipient of the
19 services of such establishment is provided by a person of the
20 opposite sex.
21 (b) This section shall not apply to a physician,
22 surgeo-n-, chiropractor, este,5pa-t-h or physical therapist duly
23 licensed by the state or to persons certified by the American
24 Massage Therapy Association and to the students of schools
25 providing training leading to such certification, or to a
26 licensed nurse acting under the d-i-r@ prescription and
27 direction of any stich physician7- j- or chiropractor. or
28 osteepatht This section shall not apply to barbershops or beauty
29 parlors in which massage is given to the scalp, the face, the
30 neck or the shoulders.
31 (c) Any person who shall violate the provisions of
32 this section shall be guilty of a Class 4 misdemeanor and each
33 day's operation shall constitute a separate offense.
34
35 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the 31st day of October 1988.
37
38 CJS/epm
39 0 9/26/88
40 CA-02955
41 \ordin\proposed\23-030.pro
42
- 19 -
Item IV-F.4.
CONSENT AGENDA ITEM # 30277
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Sections 32-17 and
32-30 of the Code of the City of Virginia Beach,
Virginia, re going-out-of-business sales.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Ff,)ItM
iC,.@14EY
AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 32-17 AND 32-30 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 GOING-OUT-OF-BUSINESS SALES
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Sections 32-17 and 32-30 of the Code of the City
9 of Virginia Beach, Virginia, are hereby amended and reordained to
10 read as follows:
11 Section 32-17. Advertisement or sale of uninventoried goods.
12 (a) It shall be unlawful for any person connected with
13 a sale authorized by a permit issued under this article to
14 advertise at a reduced price or to sell at a reduced price,
15 during the period covered by such permit, any goods which are not
16 specified in the inventory filed pursuant to section 32-27.
17 (b) In addition to any other penalties prescribe@b
18 law, the consumer protection officer shall revoke any special
19 sale permit upon proof that goods not appearing on the original
20 inventory of special sale goods filed pursuant to section 32-27
21 have been commingled with or added to the special sale goods.
22 Section 32-30. Term.
23 Each permit issued under this division shall be valid
24 for a period of no longer than sixty (60) days and any extension
25 of that time shall constitute a new sale and shall require an
26 additional permit and inventory. A--maximum--ef--twe-+2+ An
27 additional permits permit beyond the initial sixty-day permit
28 shall may be granted solely for the purpose of liquidating only
29 those goods contained in the initial inventory list and which
30 remain unsold.
31 Adopted by the Council of the City of Virginia Beach,
3 2 Virginia, on the 31st day of October 1988.
33 NEW/lmt
34 09/ 07 / 88
35 CA-02937
36 \ordin\proposed\32-017etc.pro
- 20 -
Item IV-F.5.
CONSENT AGENDA ITEM # 30278
Robert W. Eisenberg, Risk Management, responded to City Council inquiries.
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
DEFERRED until the City Council Meeting of November 7, 1988:
Ordinance authorizing the City Manager to enter
into a trust agreement with the States Self-
Insurers Risk Retention Group, Inc. for the
placement of excess liability insurance.
Voting: 11-0
Council Members Voting Aye:
Albert W. Ball(o, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT CONCERNING A
COMMITMENT FOR REHABILITATION LOANS FROM
THE VIRGINIA HOUSING DEVELOPMENT
AUTHORITY
WHEREAS, the City of Virginia Beach has been allocated funds
by the Virginia Housing Development Authority for housing
rehabilitation loans for low and moderate income homeowners in
Virginia Beach; and
WHEREAS, subject to the terms and conditions of the one
Program Agreement attached hereto, the Virginia Housing
Development Authority will reserve for the City of Virginia Beach
$325,000 to be used to provide housing rehabilitation loan
financing under the Authority's Virginia Housing Fund
Rehabilitation Program Loans to local governments. These loans
will be provided at seven (7) percent interest to Virginia Beach
homeowners whose incomes do not exceed eighty (80) percent of
median income adjusted for family size;
WHEREAS, the City of Virginia Beach wishes to accept such
reservation of funds;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized to enter into an agreement with the Virginia Housing
Development Authority for the reservation of $325,000 for housing
rehabilitation loans for low and moderate income homeowners who
are eligible under the Virginia Beach Rehabilitation Loan
Program. Said Agreement is attached hereto and incorporated by
reference.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - 31 day of October, 1988.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Mar nn
,V Ustick, D David S. Hay
Depa@ t of Housing and City Attorney's office
Conimunity Development
- 21 -
Item IV-F.6.
CONSENT AGENDA ITEM # 30279
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance authorizing the City Manager to execute
an agreement re commitment for rehabilitation loans
from the Virginia Housing Development Authority.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
@o@ S. I 9
INTER-OFFICE CORRE@PONBENCE
October 5, 1988
TO: David S. Hay
City Attorney's Office
FROM: Maryann T. Ustick Y41k/
Housing and Communit@ Development
SUBJ: VHDA Housing Rehabilitation Loan Reservation
Attached is the Program Agreement for VHDA's Rehabi.litati.on
Loan Program. This attachment was inadvertently left out of the
Council Agenda package forwarded to you October 4, 1988. Please
note this is scheduled for Council Agenda on October 17, 1988.
If you have any questions, please do not hesitate to contact
me.
MIU/bks
Attachments: Letter
Program Agreement
cc: Mr. Hector A. Rivera
Ms. Betty Jean Meyer
Mr. Richard Lester
Ms. Carol Williams
Mr. Andrew Friedman
Ms. Kathleen Hassen
VIRGINIA
HOUSING
DEVELOPMENT
JOHN RITCHIE, JR.
AUTHORITY Executive Director
13 SOUTH 13TH STREET RICHMOND VIRGINIA 23219-4188 TELEPHONE 804/782-1986
September 27, 1988
Ms. Maryann Ustick
Department of Housing
and Community Development
397 Littleneck Road
3300 Bldg., Suite 116
Virginia Beach, VA 23452
Dear Maryann:
At their July meeting, our Board of Commissioners approved
an allocation of $325,000 to Virginia Beach for the purpose of
making home rehabilitation loans to low- and moderate-income
homeowners in Virginia Beach. Attached to this letter please
find two copies of a Program Agreement covering this loan
program. It should be noted that the Board of Commissioners
approved this loan program with the caveat that, if possible, the
City of Virginia Beach will seek to increase the leveraging of
other funds in the project.
This attached agreement will serve as the guide for both
VHDA and Virginia Beach in carrying out this program. Please
sign both copies and return one to me for our files. I am also
enclosing for your information a set of documents which we will
use in administering the program. They include:
(1) An Application
(2) A Commitment
(3) A Note
(4) A Deed of Trust
(5) A Preliminary and final Truth-in-Lending Statement
(I still need to send you a revised version of these to
more accurately reflect the construction draw period of
these loans.)
(6) Sample of a VHDA Rehabilitation Contract between the
owner and contractor. (You may use either your own or
ours. We can sort this out later.)
Ms. Maryann Ustick
September 27, 1988
Page 2
(7) Borrower's Certification
(8) Right of Recission
(9) Stateinent of Acknowledgement
(10) Tax Lien Status Checklist
T am sorry about the length of time which this has taken,
but the delays could not be avoided. I look forward to a speedy
and successful implementation of this program.
sincerely,
DLM:rl MC-8
PROGRAM AGREEMENT
FOR THE
VIRGINIA BEACH REHABILITATION LOAN PROGRAM
Under this loan program (the "Program") with the City of
virginia Beach (the "City"), funds of the Virginia Housing Development
Authority (the "Authority") in an amount not to exceed $325,000.00 are
hereby made available for a period of one year beginning July 19,
1988, and ending on July 18, 1989, for the purpose of making loans
("Loans") to eligible borrowers ("Mortgagors") to finance the
rehabilitation of owner-occupied single family residences in selected
areas of Virginia Beach. This agreement may be extended at the
discretion of the Authority.
A. General Provisions.
(1) the interest rate for all Loans made from this
allocation shall be seven percent;
(2) the maximum term for any loan shall be ten years;
(3) the Authority's funds are to be matched with
approximately $250,000 in Community Development Block
Grant funds which will be in the form of low interest
loans, deferred loans and forgiveable loans and grants;
(4) the maximum allowable adjusted family income for each
Mortgagor will be 80 percent of the median income for
Virginia Beach, adjusted for family size;
(5) all Loans will be secured by a first or second deed of
trust;
(6) the loan-to-value ratio of each Loan (including any
prior liens) shall not exceed 80 percent of the
assessed value before rehabilitation;
(7) the maximum amount of each Loan shall be the lesser of
$17,500 or the estimated cost of the rehabilitation as
determined by the Authority.
B. Program Administration.
(1) The City shall, with respect to the origination of each
Loan:
(a) conduct outreach;
(b) complete the work write-up;
(c) take the Loan application;
(d) obtain employment and mortgage verification forms;
and submit the items listed in (b), (c) and (d) above
to the Authority for review and approval prior to
closing.
(2) The Authority shall then review the application and
other items submitted by the City and shall underwrite
the Loan based upon income eligibility, credit
eligibility and sufficiency of security. If the
Authority approves the application, it shall then (i)
provide to the applicant the preliminary
Truth-In-Lending Statement and (2) issue the Loan
Commitment to such applicant. The maximum amount of
the Loan shall be determined in accordance with
subsection A(7) hereof.
(3) The closing of each Loan shall in all cases be subject
to receipt of the following in form and substance
satisfactory to the Authority:
(a) executed Loan Commitment;
(b) commitment for title insurance in at least the
amount of the Loan, insuring the Authority as
mortgagee and showing that title to the property
is vested in the Mortgagor subject only to such
liens and encumbrances as shall be acceptable to
the Authority;
(c) tax lien status checklist;
(d) evidence of current hazard insurance policy and an
endorsement thereto adding the Authority as the
mortgagee;
(e) executed Note;
(f) executed Deed of Trust;
(g) executed Construction Contract;
(h) executed Disbursement Agreement;
(i) executed Borrower's Certification;
(j) executed Statement of Acknowledgement;
(k) executed Receipt of Recision form; and
(1) written report of inspection by City showing the
percentage of completion of the rehabilitation.
of the foregoing documents, the Authority shall provide
forms for (a), (c), (e), (f), (g), (h), (i), (j) and (k). Copies of
such forms are attached hereto for reference, but it is understood and
agreed that the Authority may make such changes to such forms from
time to time as it deems necessary or desirable. In addition, if the
Mortgagor does not have an attorney to prepare the closing documents
and obtain the other necessary iterns listed above the Authority, in
its discretion, may elect to prepare certain of the documents.
(However, the tax lien status checklist must be prepared and submitted
by an attorney.)
At the closing, the Authority shall also provide the final
Truth-In-Lending Statement to the Mortgagor.
The Authority will attempt to be present at each closing.
4. The initial disbursement of Loan proceeds by the
Authority shall be further conditioned upon the expiration of the
three day right of recision period commencing upon execution thereof
by the Mortgagor(s). The amount of such disbursement shall, at the
option of the Authority, be equal to (a) the percentage of completion
Pa e 2 of 3
as set forth in the city's inspection report times the maximum Loan
amount or (b) such lesser amount as the Authority shall determine.
5. After the closing of the Loan, the AUthority shall
service the Loan, it being understood that in accordance with the
Note, interest only shall be payable during the period prior to the
commencement of amortization of principal and interest thereunder.
This period shall be the estimated time required for the completion of
the rehabilitation.
6. Each additional disbursement of loan proceeds during
the construction period shall be subject to the receipt by the
Authority of the following items in form and substance satisfactory to
the Authority:
(a) a written report of inspection by the City, showing the
percentage of completion of the rehabilitation;
(b) an application for disbursement;
(c) an endorsement to the title policy updating it to the
time of disbursement.
The amount of any such disbursement, including the final
disbursement, shall not exceed the difference betv7een (i) the
percentage of completion set forth in such city inspection report
times the maximum Loan amount and (ii) all prior disbursements.
7. The Authority reserves the right to inspect the
properties for which applications are submitted or Loans are made
under the Program in order to determine compliance with the terms
hereof.
C. Modification. This Agreement may be modified only by
written amendment hereto executed by both the City and the Authority.
AGREED to this day of , 19 - .
VIRGINIA HOUSING DEVELOPMENT AUTHORITY
("Authority")
By:
Title:
CITY OF VIRGINIA BEACH
("City")
By:
Title:
- 22 -
Item IV-F.7.
CONSENT AGENDA ITEM # 30280
Upon motion by Councilman Moss, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER $15,000 from Community
Development Block Grant Funds to support a contract
with and authorize the City Manager to execute an
agreement with the Virginia Beach Community
Development Corporation for a transitional housing
program.
A new agreement was distributed and is hereby niade a part of the proceedings.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. l@IcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council @lembers Absent:
None
REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
AN ORDINANCE TO TRANSFER $15,000 FROM
COMMUNITY DEVEIDPMENT BLOCK GRANT FUNDS
TO SUPPORT A CONTRACT WITH AND AUTHORIZE THE CITY MANACER
TO EXECUTE AN AGRE@ WITH THE
VIRCINIA BEACH C TY DEVELOPMENT CORPORATION
F'OR A TRANSITIONAL HOUSING PROGRAM
WHEREAS, the Virginia Beach Community Development Corporation
(VBCDC) is a non-profit corporation established by the City for the purpose
of furthering low-income housing opportunities in Virginia Beach, and
WHEREAS, the U. S. Department of Housing and Urban Development has
awarded a grant of $278,965 to the VBCDC for a Transitional Housing Program,
and
WHEREAS, the budget of such program requires a contribution of
$15,000 in CDBG funds, and
WHEREAS, such use of CDBG funds is consistent with Federal regu-
lations governing those funds, and
WHEREAS, the City Department of Housing and Community Development
and the Citizens Advisory Committee support such use of CDBG funds,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that CDBG funds in the amount of fifteen thousand dollars
($15,000) be provided to the VBCDC for the purpose of carrying out a Transi-
tional Housing Program.
AND BE IT FURTHER ORDAINED, that tbe City Manager be authorized to
execute a contract with the VBCDC for such purpose.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the -31 day of October 1988.
Apprc7d as to contents: APPraved as to form:
Ustick Dvid S. Hy
KAR/1 ORD45
CON-iRACT TO PFC)VII)E TFAN'@ITTOt4AL HC)USINI.'
I
THIS AGREEMENT, entered into as Cf this - d,3v cf
19_ by and b--tweer@ th,-, CITY OF VIRG114IA BEACH (h,,reiriafter
called CITY) and the VIRGINIA BEACH COMMLINITY T,)EVELOPMENT
CORPORATION (hereinaf@@er called VBCDC).
I/qHEREAS, the CITY has re,-c-ived --Fi-inds- frr@iri the
Housing and Urban D@-veloprrient -)nder +-h,- Cc,f;rri,inity Develcl:)r,,jent A,::t
1980 (P.L, 96-91.3); z:@nd
77 L 1: : I e p E t-) -F
t-@.e CTT-,' -,las end . s@d + f
corpor,aticiii s is P c-- c-, i fd i@rider ,2@ec:t ic,n E, I (C,)
Interrial Revenue Code (,-@r the c) r r r,,) ri d @ n F. r,rov,' - n5, :,f -,ny
future United Interrial Revenue L.-@w) to assist +,)-ie
resident-- of Virginia Beach i.-i tlip- titili--ation of all availab'@@-
resoiirces +@o meet their needs; and
WHEREAS, the CITY desires to eng.@lge the VP-CDC t,c) assist in
providing for a transitional 1-ioijsing program .@cr Se--tion 8
low/rnoderate iricotne f--rrilies; and
AGRE-@MENT - 2 of l@l
WHEF,,7-AS, the VBCDC has the orgariization and facilities t--
out --aid -.ervices in accordance with the purpose of this
AGREEMENT and has received a grz@nt 4-n the amount of Two Hundred
Seventy-Eight Thousand Nine Huridred Sixty-F4ve Dcl'ars
($278,965.00) frorri the U.S.Departrrient of Housing and U--ban
Developrnent (HUD) for Transitional Housing.
NOW, THEREFORE, IT I-D MUTUALLY AP--REED AS FQLLOWS:
1. T E3-11
A. Th4-s AGREEMENT shall, '--,e for the pp,,-4-cd @-c,rrilriencii-i@
the date th,'-s AGREEIIETT i-- execu-.ed and ending upoll tl,e
c)f ac+.ivities c,r exh-,us+lic,n c@f fianl,4.@ @s
de--cri@-,ed r, t ii T r - i@ s i t ia 1
,iTBrT A)
2. TaB-r@@ IL( Tli@- (7,ITY @-icl .-Cree t,cl tlic--
follow4-ng. r@-gi-,ts r-,ertai--iillg
to tr--rTnin--tion of this AGREEMENT:
A. FOR CAT@i-DE: The CITY rr--taii-is tlie riglit t,o t,er,lliri--te
this AGREEIIENT for cause as detr--rriiiried t)@rcugh S+.,--nd-@rd
contrar;t adr,,jirii-.traticin -,!r@-n(--iples and --s provided by
law.
B. FUNDI@IG DI(zR@JPTIO14: If the CITY-s lity Dev,-,l,:@p,,.-r-.nt
Block Gr--nt fiiiids @arr-- terriiirlatc-cl, resty-i,:it.ed, or otlierT.,js,,-
ci-irtailp-d '-,y H13D or by th@- C,@l,)--.cil <--)f tl-i@- City of Virgini@i
Beach iri any manner, this A(3-,--EEIIEIIT will t,er,niiiate
autornatic-ally on rlatc-- c@f -Llch
AGREEMENT - Page 3 of 11
4i h 11 c-
C. IION-CCIMPLIANCE: If the VBCI)C fa4l@ to cOrT3PlY ' t t -
rules and regulations r--ferenced throughout this
AGREEVE14T, the CITY reserves the right tc) terrri@-nate
this AGREEMENT after a re@solable attc--Tript to Sec'.1re
covipliance.
D. NOTIFICATION: If this AGREEMENT is terminated, the
CITY shall immediately notify VBCDC iii writing. Sucil
notice will iriclude the effective date, tl@e tirT,C--, tl-ip-
reason(s) for the action, and t)ie !-dentity of a .--orjtact
r,erson with whoin to close out any pending itiatters-
E. '@ETTLEMENT COMPENSATION: The CITY --hall corT;I:@ensat.f--
VBCDC only -.or services re,,dr--red u!, to the date aiid
t ir, e c@f the terTriin@t4@,-@r@, ai-id accept-d by CITY
satisfactory. Suih -hall be p-@id when @ll
pending ,,]atters fr,-,,tl the AGREEMENT @-re clo@led out. @,-,.y
equil:,,n@-rit c@,Sting Trj---,re tlj@,n C)re thousand Dcil-ars
($1,000.00) shp-11 b,,- used s,-jlely fc,r carrying out
provisions iri this AGEEEFiEl4T -For cause, all such
equiproent sh-all k-ec-,orne the property of +,he CITY and all
--Punds appropr4-a,,ed I,y Cll'y tD the VL;C,)('@ are to be
returned to the CITY.
AGREEViENI- - Pa-@e 4 of 11
3. @ISE ,;F FTI,@,
11. VBCDC shall 1-i --11 -,,r@,,vided p@-,r--,uarit +.o th4-s
AGREEMENT exclusively for the purpc,E,-f-- of irriplc-rrj--riling
its apprcved activity, a CcIr@Y of wh4-ch is attached
iriarkr--d "EXHIBIT A" -and in@:;c@rr-,Orated t,y r@-f@-renc--e.
B. V7-'CDC --hall ccrnidly with +.lie p--,lici@-,-,
guideliries and requirernents of 24 CFR P,--rt 85
"Administrative Requ4-rements fcr Grants and Cooperative
to '-@ t -@ t C-- , Lc,c,@l and Federally
In@-,ian Tribal Gcvernrr.-c-nts " a- i " r r-- 1- a @, e s to +,,,e
adTninistra+.ic,,n, -,se and re.,,-Icrt.itig c@f Fed,-,ral FJrjcJs.
VECDC shall adriiriistc-,.- f,-,iids in 4-,,:@nfc,r Tfj i t,y
f V o rfj 24 C, c) cl ,f F e r a 1,
Part E,7-@, isaueJ T,],-- Dep,rtr@;el-it c@f
@lrb,-n Develcy,i,,ient.
D. Fr.-Igra7i Incorn@- ear,,ed thi:c,,Agh t)-le ad,flinistrat@.Cn 'Df ti,e
THP, shall b@- u--,--d by thr-- VBCDC to cc)rit,ii-iue tl-,-- prcgr.,rri
operation, and f4-nanci--l --ecorcls shall doculnent the
receipt, der,osit, and exE@endi-@urc-- of such f,-,nds in
.--ccordance with +Ih@- prrjvisic)ns Cf 24 CFR E@r+ 85
"Adiniriistr.ativp- Require,rlents f,-,r and
Agreernents to State, Local and Federally Beccigni--ed
Indian Tribal Govr--ryirrients" as rc-.f,-rencr--d abovr--.
E. All funrjs paid by t.)-i@- CITY ir;us+l be depc,sited
in a non-interest bc-,aring .--ccc,urit.
AGREEMENT - Pa@e 5 ,f 11
F. Tlie VBCDC w@-11 establish a revolving fu,@ld acr;oun+l for
the pu r,,Dri -- erf depo--iting all furids rE',,--e4-vc--d -,-,y t-l-i@-
CITY in connect@-on with the HUD/THP and fc,r tlie r-lepc,-@it
of all PrograTti Incorrie rp-sult4-ng frciii the adTn@Ini--tration
of this F'rogrc@m.
4. PAYMENT
A. The CITY agrees to appropriate Commiiriity
Block Grant funds idi-irsuant to Section 1-@.1-'-14 of tile
Code of Virgi-n,'-a to the Virginia Beach CC)mrriunity
E)evelc,-,,rrient Corporation in thp- @-,riount to c--x---eel-I
Fiftc--c-n Thousar;d Dr)llp-r@- ($15,000.00) year
for up '.o five (5) ye--,,,s beg@.@ining @li fia-.c.@l year 1988-
89, tri b@- i@s@-d 4n thr-- i,,r;ple,rieritatic@n of t@.e
B. Furid-I z@-11 bc-- a rr--irit,llr--,elfient bas@@s when
docuTnentation is sut),riitted .@or paic-I eliaible ex-,,en-eF,-
VECDC agrr-p-,- to P-xp@-nd in acc@orda-ice ,jilh th4a-
AGREEMENT and to tr@-nsfer ary T.7iP fuids at
r--nd of the pr(@gra,ri year to it- THE' project
f,-,nd .
D. Th@- Executive Elire<--tor (@f the VBI--D(-' sh:@'ll @J@- empcwered
by the VBCE)C to filr-- reqi.iest for p@-yTri@-nt p,-,r@.,uaiit t,o
thi!E-, AGREEMEIIT. @icJ p@rs,:,nriel -Iiall c--crtify tllat to
the best of tlipir -r@- true @nd
acci@rate and are iri witli the TE@@,'!,IS- (,)F -PIS
AGREEMENT.
AGREEMENT - Page 6 c;f 11
5.
A. T)ie C!-iY 07 VIF(3TI,@IIA EEA@-H De.-,-rtri;-Yjt cf @ild
Com,f)unilly Developmen+,, herc--,"naf+lp-r call--d
sh--11 @tionitor the @dequacy @:,f ri,:,n-profit,.
Th-- nc)n-pr-,,fi+. -.hall cc)c@--er--t.e with the CI-IY iri -_.,uch
rrionitoring.
B. The VBCDC agrr--es "o prep,-@re and sul--,iriit +lo I'li@-
Department cf 'lousing and Cor,,-,,unity E,eveloprient --nd tl,e
Office of Budget and Evaluati--@-1 +@he g @- a 1,,1
S+.atus Re-,:o--ts and the C;uarterly aE,
e-@t-ablished by th,-- CITY fc,,r
gr-@nt-in-aids tc, ncri-pr<jf4.+@
6. RECORDS
A. 7'he VECDC --hall he@p all neces-ary bc,,-,k@@,
in,::li-ading property, pr--rs-c)ririp-1, ai-id recc-rds,
in w4-th tl-,P. j-.eratic@n @,nd -,P-rvices perf-,-,rr,,,@d
iarider this @@GR7-EMENT. T) .1 p- -1 DC,--) C hall --Iocuirient @ll
tran-act,4-,-,ria, o the CITY Dep@rtifi@-nt of Hol-,Sing --lid
Cc,Tr,,rnunity Development 'ay prnpr--rly @u(jit @a I 1-
expr-;,iditures Tjade pursuan+@ +c, t.his ACGREEMENT- Th@-
VP,CDC shall T,'Iaintain and prr--sc--rv@- all rc-.(@,ords rc-lated
+o +
I @his A(,PEE14El4T in its possessic,ri fc,,r a pe-ricd of
threr-- (3) years frcrfi t.l.,c-- dat@- @:, f i - E-. 1,1 F,, 1, i,--- e, of -tkiriit
rr--ports- ii n 1 --.- s otherw4.s@- directe,J by t,lar-- CITY. All
rec:ord-- br-- +,Ii@ CITY tl-ip
TJ.S. Depart,fien+. c,f Hc),-,si--Ig --rd
AGREEMENT - PAGE 7
7. Q@ TNTRRFC-L
tic ijernt,er, off4-cer, or eroployee of the VBCDC or its
designee, or --gents, who exercise any func-@-oiis of
responsibility willh respect to the prograin during
his/her tenure or fc)r cnp- ( 3 vr--.@r tlicrc--aftc--r, -hall
have --ny interes+,, direct or indirr--ct, in any ccrl+@ract
c,r subcontract, or thc-- -,,rcceeds therecf, for work to be
r-erf c@rrred in witli +.lie T-,r,:@grarti !--hed
under this AGREEMENT. The VBCE)C shall conirly with the
provisioris of 510-F@ll c!f Title @"4 C,7@d@ c)f Federal
Begi-,lations and the @-t--t- aiid Lc@c,,mil
c,f interc-s@ A(@t cc,n+lpinr--d '-n C!-i-,Ii--,ter 40. 1 c)f 2. 1
of the Cc,de of TI.c-
t e V i r
-,- -@- d t,h@- i@7:. c-,:, i,@ t i r r E@ h:@ 1 1
"ORTINIAINICE D---SI,@7t@ATII'r, CE.RTAIN AP -,TI
F_ @@S AND
TO FIL-R A D I S (-, L, O,-- i F@ E T A T @- I,,' E IN' T C)F T 14, E I F E p (i -N A L
INTERESTS A,@@D I@IFO-@MATII,.',Iq '.-PECIFIED C)N TliE Fol@ll
SET FORTH 114 SECTIOlq C@F TuE CODE C,F
VIRGItiIA" if ('Ii+,y Ccil,no-il ad t -1 E-@aid c r d i ri,@
r-,i-ir5uant to Sc-ctic;n --I.1-6,1,9.14A 7, f tli@- C c@ d c-f
Virginia.
a. (.7,@T T R T (,ATF_ @5 @, 1 1 lIL14
A. The VBCDC herr--bv assures @-,.d e---ertifi-es +-h@-t it will
cc,rnply with tlie regulati(iris, I-i,j
+.o tl-i@- If@,---ept,ance and ,f
AGREEMENT - Page 8 C,--F 11
Fr--deral -.Fun6s this federally funded A 1 ,o e.
VBCDC give-- a--.-urarice ti.,at and certifies that Aith respect
to the grant:
a. it posses5es legal authority to make a grant
submi5sion and to provide the services described
in the AGREEVIENT;
b. its governing body lias duly alithorined t]-le
Executive Director of the VECDC to execiate
all docutrients, related to thp- Grant, and to
@,rovide si;ch additioyial inf--,.-niatlc)n as ir,,,-y be
reqiAired;
c it has developed its prcgraifi E@,O @as t-o
@ria)',iTrJUT r,ricrity t,-) w h b f i t
Its I
low aiid @fiD@ler@,te fa,fjili@-s, uiid iri tl-ic--
pre,@eriti,-jn tDr c--liTniratic@ii of sli-illis (ir IDliglit,,
or ifieet other Ccifjifji-iiii+ly D,,-v@-1c)p,.riellt
having a p@-rtio,-,lar @argeri@-Y.
d. TI-,e Grant will be ccnd@ir;ted -@nd acirl'@niE,.t@-red
in cornplia,,ce with:
(1.) Titlp, VI o,-F the Civil R,.glit-I @,-;+@ c@f lcl'68 (P.L. 88-
352)
(2.) Title VIII o,-F Civil Pi-ghts A,--t clf 1968
(T,I.L. 90-284) a.-, arnended: and that +.I,e VBCDC
will adroini-ter all pro@.r-,Tns related to
holis4.ng and coirit@ii)riity d--v--'.k-)pr,,jeilt. dri -cA ir,-r@nri@r
AGREEMENT - Page -0 c,f 11
@o affirinatively f'.rt,hrz!r fair 11OLISi-'g
(3.) Ser-tic,ii 1C)9 cf the H(:@Lasiiig and Urt@z:@n
Act of 1974, as amended; and tlie regulations
is--ued -,u--sLiant thereto;
(4.) Section 3 cf the Housing and Urban Developinent Act
of 1968, as amerided;
(5.) Executive Order 11@"46, as arriended, regarding non-
disc-riminatic)ii z:ind affirmati@.,e action related t,c,
advertising, recruitirient,, employment al-id
terminati-,.n;
(6.) The reaiiiations conta4@ned il -64 CFR @arl, 85
"Adrninistrative P --qia 4-reiDen@'s for ai-id
1--ooperative Agreeri@ents to Sttite., Local -i-id
Federally Recognized Indiarl Tribal Gcverrim,,-.@ts" as
they relat,e to tl-ie Federtil
funds;
(7.) It will colfiply with the lead-b.-ise paii-it
requireinents of 24 CFR Part 35 issued pursuant to
the Lead-Base Faint Poisoning Prevention;
(8.) Uniforrn Reloc--ti-on Act Arriendrnents of 10.87 and
Title IV ' ()f t, h r-- S L a r f @-i c P- Tr.@n-.Portatic,n and
Relocation A--sistance Act c@f 1987 ,@nd Irtiplerjr--ntiiig
Regulatic,n@ at 24 (@FR, Part 570.
AGREEI,jEl\'T - F@@,ge 10 c,f '@i
9.
T %'B'--!--,C no+. @-rito for
the adrninistraticn of tl@is witi-,@,ut fir--t
obtaining writtc--n apprc@val of the CITY.
(2.) VBCDC is required to tak@- affirT;ativr-- ste,--, +.o
tha+@ --rnall, rninority and f eiral e i-i e d f i rrns a@-e
utilized whe-n possit@ie as -a source of supplie--,
equipraeri+., construction @-nd services.
10. ,l C) R K IIP
All cc@nstructic)n work c@r rr--habili+.@+@;-on Tj@r-@crlrled
tlii-- AC-F,EEtiEl4T is sub,4ect tri the City
&,ricd Da-'s inEp--c-@@-cri l@y the VBCDO, the i t,,, o f
Virgii-iia f -@ c, 1.1@ -- @@ @'i g
I -, e, Tj , -0 . r)eT:@ar+.Tfic--nt. c,f
11'rlD,an
F,7 C- F @-@ 1
;z L T, 1
It is expre-.,--ly agrer--d th.@t th@-s
of A@,gii--t 1 7 -,hil@--h i@
iri.@dr-- a v-,ar+l 1--y rp-ference, cc,ndit'c,-.s -*nd
y@rovisir,,ns Df the crig-@@n.,@l c-@C)ntra,:-t, iinlc-s-I sr-,ec-if,-c:-illy
inodified, are to apply to +,his ccntrfct -ire m@H-e a p@,rt
'If +h4@
inr;c)r-llc2rate.d, 5tiid pr,:)Vj.,,Ied t"at witla
resr@e,-@t +,-,, r,,i t,-@, t i,-. 1-1 r @. f
nui-,,-',-!@r 1 1-087 tli.@t tl-i-,@
--ervic@c-,s @rid t]-ie. f@,v@- ye..-@rs c,,f 1--8@
AGREEMENT
+1
with t,., tlie it lr,,.,y
implernented for five years f rorn the clate -,f -@hi-s contrac@@
iri --c--ordance w4-th t!-,P- t.,,-rrrjs ai-id c()nditi-on- --tated "p-rein.
I.N WITHE-OS WHEREA@, the @art.i@s @iereto liave ex@-ci.it@-d this
I -
AGREE@-ENT as of the date --nd @,ear fir--t @,ritten
fit
-,i 7 @r- T1 A-,A(7H 'ITY
(:ITY OF VIECINIA TZ;EACH !,,EV::T 7
b r c- y V a t r
City Manager
Api
Mal k
Directc,r
Housing & Comrnunity Developinent
Ai as to fortri
Dl-
City Attorney
(@ity of Virginia Beacli
EXHIBIT A
SUMMARY
TRANSITIONAL HOUSING PROGRAM
Trctri.-i ti,Df,".1 h r!il, n g is hoi-,@-ing @.c,r
r-@reviously horneless persons who need longer tertri supportivi-,
housing than cari be provided by emergency shelters, but who are
@-ap,able ()f "tr--nsitionirig" into independent living with the
r@rovision of @-ubsidized housing and supportive services fc,r a
period of tiffe (a maxirnum of 18 rllonths)-
2. v 1-fun-da: Funds !4re .availabl--
c@.n a natiorially cornpetitive basis under the Supportive Hous@-ng
Degionstration Frogram, administered by HUE). This prograrri was
created as part of the Steward B. Mcl(inney HOTneless A@sistp-nc,--
Act. The current round c@f fundii-ig was announced in tl-le Federal
Register of February 16, 1988, pp 4458 - 4463. $- i @ca was
available nationally for the category which VBCDC has ar-,plied
for - horneless fatnilies with --h4-ldren.
3. os VBCDC will buy 4 tc,@n
hou-'e-- @-nd hoi,-se two f;,,rriilies 4-n each. A rp--,,idc-nti-al inan--@er
(reqliired by Ht!D) --nd -. t-,, -@ f--Iroin th-- Y W- C, A will- E, r i cl p-
counseling and sur-,r,ortive --ervice--, to incli-id,-, psNchDlcgical and
erriployinr-nt ccunseling, -,.s s @- s 1. -- -@. c. eiri .-rr.,ii,ging c-lay c-a@-e, 4ob
+.raining, bi-idg--t and c,,D,-,---eling, etc. in Pdditi,,,n,
Endependerice ct4lill-, ti-ie @@;?,-D c@ther City agericiee,, will
tljp-ir se,-,vices t,r) thc-se clic-,rtll @a@
part r,,f tljeir
+r@n@t
v
4 . C T h e V B C D C p r c g r - r,, i s -@ e -- i P-, n e d f c, r @,ir; -@e
c i d . Flotp-nti-al c,,lients ,,ill refc-rrc-@i fr,-,tn t,-,e YWCA
coun-leling cp-nter ;-, ri c3 1,@l c @t, e,-i in Transitic2n Prcgram, as ,,ell
frorn the Sainarita-i House shelter.-.. VDCDC staff will s--reen the
clients f,Dr siiit@ability. Tho-,,-- tliat are acceptf--.d will L)e
r--nt acccrding to their ability to pay, i@sing Federal inccrrie
guideliries.
Once clients are accepted int,o the projp-ct, the Residential
rnanager and the coil,ns@-lors invDlv--d will an individual
plan for eacli head of household th.-At defines @hat servi-ces th--
individij--l needs in orr3c-r to progrc-.ss towar,,J t,lie go--l c,f
independent living. This plan will b@- updated regularl.V L,@aSed 17@n
monthly assr--ssrrients. The projer-t staff will assist the r-@erscin in
@,rrariging the services neecled to retricve h,lcclis to ind,,-perideylt
livin&,. Thesp- Tnay in,-li-iJe Tiny of the servic@-s list,-d abcve, cr
oth,--rs as appropriate and ner@es-@ary.
5. F@r@c@:
The VBCDC was .3w--rd@-d a HUD iii t.1-ie a@,j,-,uiit cf $278.965.00,
of which $134,765 is fDr ckccii-iisition/rphaiDilitation ai-id $'-:'8,840
@7 c, r y e,@
A) p
'Phe grant. vill c! C-. -f
acqtzir4.ng aiid prc,pert.iE!S. Tlie o@ller
5 0 % will c,-Ime from 2 -@c,L,.rces a mort-gaoe, CEE@-
funds ($15, 000) . F(:)L,r ,Drc)Dertic-z @@ i 1 1 be securc-d and
rc@habilit-led f,:)r tot-1 c@f T,'-47,440.00 4-11
acquisition, plu-- $0-2,C)90.00 fc,r
The rent t c, L-, e. paid by t.Yie oceupants will c,@ver the
Ti@ortgage payments.
D) Operatic@n of +.he program and hous,'-iig
Operat-ic,x-is cost@s will ii-ic!!,,ide +lie re-@ide-rit,ial tnanager
(reqtiired), ma4.nt.enance nf tl-ie buildings, utilitiel@,
insurance, furnishiiigs, ta,,.es, telepl@r,iie. etc. All t,-r@e
o.ost-- of "-ervices" will t,@- i-,rc,vidc@d witi-iout. -li@.rge t.c,
t-he- pro&,,rc-..,j as agreed to ):,y ti-,,c- res,.-,--ctive ageticie- a.,d
c,rgaiiiz,itic,,Is. ilalf c@f tl--@e c,perations costs will --e
prc,vi,-Ied by HtD, with 1,1@e b--l@ijc- C7@)Bc,, al-id
i nc..@@@rie .
dg-
TI-ic-- bl-,d--e+@ th-
Tn k@-nd 5,erv@c@s ,e @lS@D .@nd 1-@ ed -@s
fc)r -lie HTID ',-rp-nt-
VIP@GINIA BEHCH ,EVELOi@.EFT
HUD @tOUSIF,
KMPS. ED.
ilsil, INC,
ICQUISIIION s247,440 $123,720 tl23,720
22,COO 11,045
ADMTNI"TRATION 2,tIOO 1,640 s 160
F,AINTE,N'ANCE 3,000 1,500
INSURANCE 2,200 2 , 2 (10
UTILITIES 600 1cts5 4@5
FIUI@NISBINGS 2,000
S"AFF 41,HO
ILYES 2,'@AO
3,000
6 0 0
$.'27,210 z2,000
- 23 -
Item IV-F.8.
CONSENT AGENDA ITEM # 30281
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Garrison
Avenue (unimproved), to HENRY L. THOMPSON and
WILLTAN J. MULROY, their heirs, assigns and
successors in title.
The folowing conditions shall be required:
1. The owner agrees to remove encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or hazard.
4. The owner must submit, and have approved, a traffic
control plan before cornmencing work within the
City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Flighway Inspections
Bureau.
6. Prior to issuance of a Highway permit, the owner or
his agent must post a Performance Bond and show
proof of public liability (minimum $300,000).
7. The owner agrees to maintain 4' x 4' stoop and
stairs for public access to the beach.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, '@Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 RIGHT-OF-WAY OF GARRISON
7 AVENUE (UNIMPROVED) TO
8 HENRY L. THOMPSON AND
9 WILLIAM J. MULROY, THEIR
10 HEIRS, ASSIGNS AND
11 SUCCESSORS IN TITLE
12
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
16 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
17 amended, Henry L. Thompson and William J. Mulroy, their heirs,
18 assigns and successors in title are authorized to construct and
19 maintain a temporary encroachment into the right-of-way of
20 Garrison Avenue (unimproved).
21 That the temporary encroachment herein authorized is
22 for the purpose of constructing and maintaining a city standard
23 wakefield bulkhead and backfill behind it and that said
24 encroachment shall be constructed and maintained in accordance
25 with the City of Virginia Beach Public Works Department's
26 specifications as to size, alignment and location, and further
27 that such temporary encroachment is more particularly described
28 as follows:
29
30 An area of encroachment into a
31 portion of the City's right-of-way
32 known as Garrison Avenue
33 (unimproved) as shown on that
34 certain plat entitled: "PLAN VIEW
35 GALLUP SURVEYORS & ENGINEERS, LTD.
36 325 FIRST COLONIAL ROAD VIRGINIA
37 BEACH, VIRGINIA 23454,11 a copy of
38 which is on file in the Department
39 of Public Works and to which
40 reference is made for a more
41 particular description.
42
43 PROVIDED, HOWEVER, that the temporary encroachment
44 herein authorized shall terminate upon notice by the City of
45 Virginia Beach to Henry L. Thompson and William J. Mulroy, their
46 heirs, assigns and successors in title and that within thirty
47 (30) days after such notice is given, said encroachment shall be
48 removed from the city's right-of-way of Garrison Avenue
49 (unimproved) and that Henry L. Thompson and William J. Mulroy,
50 their heirs, assigns and successors in title shall bear all costs
51 and expenses of such removal.
52 AND, PROVIDED FURTHER, that it is expressly understood
53 and agreed that Henry L. Thompson and William J. Mulroy, their
54 heirs, assigns and successors in title shall indemnify and hold
55 harmless the City of Virginia Beach, its agents and employees
56 from and against all claims, damages, losses and expenses
57 including reasonable attorney's fees in case it shall be
58 necessary to file or defend an action arising out of the location
59 or existence of such encroachment.
60 AND, PROVIDED FURTHER, that this ordinance shall not be
61 in effect until such time that Henry L. Thompson and William J.
62 Mulroy execute an agreement with the City of Virginia Beach
63 encompassing the afore-mentioned provisions.
64 Adopted by the Council of the City of Virginia Beach,
65 virginia, on the 31 day of October 19 88
66
67
APPROVED AS TO CONTE.NTS
68 JAS/ih
69 8/4/88
70 CA-88-2875 RL
71 (encroach\Thompson.ord)
DE PA,, -l @%4EN f
APPR'@-'VE@ A-,; Tr-) L7(-AL
t
,,@J@FIC@
IT TT@,,@
2
THIS AGREEMENT, made this @-3 day of
19_@,,21 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and HENRY L.
THOMPSON AND WILLIAM J. MULROY, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, parties of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the parties of the
second part to construct and maintain a City standard wakefield
bulkhead and backfill behind it in the City of Virginia Beach;
and
WHEREAS, in constructing and maintaining such
wakefield bulkhead, it is necessary that the said parties of
the second part encroach into a portion of an existing City
right-of-way known as Garrison Avenue (unimproved); and said
parties of the second part has requested that the party of the
first part grant a temporary encroachment to facilitate such
wakefield bulkhead within a portion of the City's right-of-way
known as Garrison Avenue (unimproved).
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the
parties 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 pdrty
of the first part doth grant to the parties of the second part
GPIN
a temporary encroachment to use a portion of the City's right-
of-way known as Garrison Avenue (unimproved) for the purpose of
constructing and maintaining such wakefield bulkhead.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
Commonwealth of Virginia and
accordance with the laws of the
the City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, al.ignment and location and is moreI
particularly described as follows, to wit:
An area of encroacliment into a portion of
the City's right-of-way known as Garrison
Avenue (unimproved) as shown on that
certain plat entitled: "PLAN VIEW GALLUP
SURVEYORS & ENGINEERS, LTD. 325 FIRST
COLONIAL ROAD VIRGINIA BEACH, VIRGINIA
23454," a copy of which is attached hereto
and to which reference is made for a more
particular descriptioll.
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 parties 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 Garrison Avenue (unimproved) by
the parties of the second part; and that the parties of the
second part shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that1
the parties of the second part shall indemnify and hold
harmless the City of virginia Beach, its agents and employees,
2
from and agairist all claims, damages, losses and expenses
including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the
location or existence of such temporary 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 o@
construction oE any encroachment other than that specified
herein and to the limited extent specified herein, rior to
permit the niairitenance and construction of any encroachment by
anyone otlier than the parties of the second part.
It is further expressly understood and agreed that
the parties of the second part niust submit and have approved a
traffic control plan before comiiiencing work in the City's
right-of-way.
It is further expressly uliderstood and agreed that
the parties of the second part must obtain a permit from the
Highway Inspections Bureau prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Ilighway permit, the parties of the
second part must post a Performance Bond and show proof of
public liability insurance of a minimum of Three Hundred
Thousand Dollars ($300,000.00).
It is further expressly understood aiid agreed that
the 4' X 4' stoop and stairs for access which is shown on the
3
aforesaid plat is a requirement of the Waterfront Operations
section of the Public Works Engineering Department and is for
public access to the beach and will be maintained by the
parties of the second part.
It is further expressly understood and agreed that
the party of the first part, upon revocation of such authority
and permission so granted, inay remove any such encroachinent and
charge the cost thereof to the parties 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 parties of
the secorid part to remove such temporary encroachment; and
pending such reiiioval, the party of the first part may charge
the parties of the second part compensation for the use of such
portion of the City' s 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 parties of the second part;
and if such removal shall not be rtiade within the time ordered
hereinabove by this Agreement, the City shall impose a pena
in the sum of one Hundred Dollars ($100.00) per day for elatcyh
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.
CITY OF VIRGINIA BEACH
By
City Manager
4
(SEAL)
ATTEST:
City Clerk
By
psoii
By
W., Aulroy
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 AUBREY V. WATTS, JR., City Manager 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
My Commission Expires: Notary Public
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-@jit:
a Notary
Public in and for the City and State aforesaid, do hereby
certify that RUTH liODGES SMITH, City Clerk for the CITY OF
VIRDINIA BEACH, whose name is signed to the foregoing Agreement
bearing date on the day of 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-wit:
a Notary
Public in and for the City and State aforesaid, do hereby
certify that Heriry L. Thompson, whose name is sigiied to the
foregoing w r i t i n g , b e a r i n g d a t e t h e day o f
1 9 has acknowledged the same
before me in my City and State aforesaid.
c i v e n u n d e r in y h a ii d t h i s day of
Notary Publib
My Con@rnission Expires:
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Public iii and for the City and State aforesaid, do hereby
certify that William J. Mulroy, whose name is signed to the
foregoing writil)g , b e a r i n gdate the 3 day of
19 has acknowledged the same
before me in iny City and State aforesaid.
Gi.ven u n d e r my h a n d t h i s
day of
19a.
My Commission Expires: -2-'g-q
;QPROYM AS TO CONTENTS
JAS/ih
Date: 8/4/88
Revised: 9/16/88 TUPE
CA-2875
(encroach\Thoitipson.agr)
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PURPOSE: TO CONSTRUCT A CONSTRUCT A BULKHEAD ALO G=
BULKHEAD AND BACKFILI. REHIND PLA N VIEW THE SIIORELINE OF THE CIIES-
IT. AOEAKE BAY IN VIRGINIA BEACII,
VIRGINIA.
DATUM: N.O.S. M.S.L. = 0.00 APPLICATION BY: [FENRY
ADJACENT PROPERTY OWNERS: Gallup Surveyors Engineers, Ltd. THOMPSON, WILLIAM MULROY.
1. ROBERT STAFFORD 325 First Colonial Road
2. THOMAS STAFFORD VIRGINIA BEACH, VIRGINIA 23454 5HEET IOF 3 5-20-88
o 428-8132
2.665.000 2,624.000 2.100,000 2,706,000
NIIA VEN
L'i
OC14 TION IV1410
- 24 -
Item IV-F.9.
CONSENT AGENDA ITFIL # 30282
Norman E. Scruggs, the applicant, represented himself
Georgette Constant Davis, expressed concern relative the railroad ties.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of 61st Street
and Atlantic Avenue, to NORMAN E. SCRUGGS, his
heirs, assigns and successors in title.
The folowing conditions shall be required:
1. The owner agrees to remove encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or hazard.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, Harold Heischober, Barbara M. flenley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 RIGHT-OF-WAY OF 61ST
7 STREET AND ATLANTIC
8 AVENUE TO NORMAN E.
9 SCRUGGS, HIS HEIRS,
10 ASSIGNS AND SUCCESSORS IN
11 TITLE
12
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
16 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
17 amended, Norman E. Scruggs, his heirs, assigns and successors in
18 title are authorized to allow and maintain a temporary
19 encroachment into the right-of-way of 61st Street and Atlantic
20 Avenue.
21 That the temporary encroachment herein authorized is
22 for the purpose of allowing and maintaining landscape timbers
23 previously installed to remain and that said encroachment shall
24 be maintained in accordance with the City of Virginia Beach
25 Public Works Department's specifications as to size, aligrunent
26 and location, and further that such temporary encroachment is
27 more particularly described as follows:
28
29 An area of encroachment into a
30 portion of the City's right-of-way
31 known as 61st Street and Atlantic
32 Avenue as shown on that certain
33 plat entitled: "SITE PLAN OF LOT
34 1, BLOCK 2, SUBDIVISION OF LOTS 1 &
35 7, BLOCK 2, MAP OF SECTION NO. 2
36 AND ADJACENT LANDS, NEW VIRGINIA
37 BEACH FOR MARSHA LYNN BUILDING
38 CORP. LYNNHAVEN BOROUGH - VIRGINIA
39 BEACH, VIRGINIA SCALE: 11. = 201
40 APRIL 29, 1986 JOHN E. SIRINE AND
41 ASSOCIATES, LTD. SURVEYORS &
42 ENGINEERS VIRGINIA BEACH,
43 VIRGINIA," a copy of which is on
44 file in the Department of Public
45 Works and to which reference is
46 made for a more particular
47 description.
48
49 PROVIDED, HOWEVER, that the temporary encroachment
50 herein authorized shall terminate upon notice by the City of
51 Virginia Beach to Norman E. Scruggs, his heirs, assigns and
52 successors in title and that within thirty (30) days after such
53 notice is given, said encroachment shall be removed from the
54 City's right-of-way of 61st Street and Atlantic Avenue and that
55 Norman E. Scruggs, his heirs, assigns and successors in title
56 shall bear all costs and expenses of such removal.
57 AND, PROVIDED FURTHER, that it is expressly understood
58 and agreed that Norman E. Scruggs, his heirs, assigns and
59 successors in title shall indemnify and hold harmless the City of
60 Virginia Beach, its agents and employees from and against all
61 claims, damages, losses and expenses including reasonable
62 attorney's fees in case it shall be necessary to file or defend
63 an action arising out of the location or existence of such
64 encroachment.
65 AND, PROVIDED FURTHER, that this ordinance shall not be
66 in effect until such time that Norman E. Scruggs executes an
67 agreement with the City of Virginia Beach encompassing the
68 afore-mentioned provisions.
69 Adopted by the Council of the City of Virginia Beach,
70 Virginia, on the 31 day of October 1 9 85
71
72
73 JAS/ih
74 08/24/88
75 CA-88-2902
76 (encroach\scruggs.ord)
@PROVED AS TO CONTEN'IS
DEPARTMENT
APPROVED AS TC 1,EGAL
SUFFiCiEl@C,@
2
THIS AGREEMENT, made this day of
199 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and NORMAN E.
SCRUGGS, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, 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 allow landscape timbers previously installed to
remain in place in the City of Virginia Beach; and
WHEREAS, in maintaining such landscape timbers, it is
necessary that the said party of the second part encroach into
a portion of an existing City right-of-way known as 61st Street
and Atlantic Avenue; and said party of the second part has
requested that the party of the first part grant a temporary i
encroachment to facilitate such landscape timbers within a
portion of the City's right-of-way known as 61st Street and
Atlantic Avenue.
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 i
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
GPIN
temporary encroachment to use a portion of the City's
right-of-way known as 61st Street and Atlantic Avenue for the
purpose of maintaining such landscape timbers.
it is expressly understood and agreed that 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, aligriment 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 61st
Street and Atlantic Avenue as shown on that
certain plat entitled: "SITE PLAN OF LOT
1, BLOCK 2, SUBDIVISION OF LOTS 1 & 7,
BLOCK 2, MAP OF SECTION NO. 2 AND ADJACENT
LANDS, NEW VIRGINIA BEACH FOR MARSHA LYNN
BUILDING CORP. LYNNHAVEN BOROUGH-
VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20'
APRIL 29, 1986 JOHN E. SIRINE AND
ASSOCIATES, LTD. SURVEYORS & ENGINEERS
VIRGINIA BEACH, VIRGINIA," a copy of which
is attached hereto 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 61st Street and Atlantic Avenue by
the party of the second part; and that the party of the second
part shall bear all costs and expenses of such removal.
2
it is further expressly understood and agreed that
the party of the second part shall indemnify and hold harmles
the City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to
file or defend an action arising out of the location or
existence of such temporary 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.
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's 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;
3
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.
CITY OF VIRGINIA BEACH
By
C ty Manager
(SEAL)
ATTEST:
City Cler
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 AUBREY V. WATTS, JR., City Manager for the CITY
4
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the day of 19-,
has acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this day of
19
1 c
My Conunission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby i
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 19 -, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19
My commission Expires: Notary Public
5
STATE OF VIRGINIA
CITY OF VIRGINI
I, a Notary
Public in and e aforesaid, do hereby
certify that Norman E. Scruggs, whose name is Asigned to the
foregoing writing, bearing date the day of
19 has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of
Notary
My Commission Expires
ROVED AS TO CONTENTS
JAS/ih
08/24/88
CA-2902
(encroach\scruggs.agr)
APPROVED AS TO LECAU
SUFFICIENCY AND F@P'@A
6
KEUFFEL . ESSER COMI@-I
This is lo ce,iify that 1, on. AP"L 29,1986 surveyed ihe property shown on this plat. And that the
title limet and the walls of the buildings are os shown on this plat.
Th# buildlnqs stand strictly within Ihe lillc lints and there are no incroachmvnfs of ofbtr buildings an
the proptrfy, exetpl as sho.n.
Signed:
77
BEACH, SECTION NO. 2
94 1
I?
I- 00, w
70'
E DRAINA
8 2'
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2
@i1/2 34. 58'
09' - 24' -OC' E
NOTES
1. LOT SERVED BY CITY SEWER AND WATER.
2.ELEY. 13ASED C)N U.S.C. AND G. DATUW.
3. LOT GRAL)NG ON THS PLAN 15 N
ACCE)RDAKE WITH LATEST SUBDMSION ATLANTIC (120') AVENU
CONSTRUCTK)N PLAN SUB&OTTED
TO AND APPROVED BY CITY ENGWER
om 6-20-85
4. LOWEST FK FLOOR ELEY. SHOWN LS P,',Ut. E.
ONE FOOT ABOVE 100 YR. PLAN AS
ADOPTED BY THr CITY OF VA. BEACK
/,V- o a z/ IIYI
OF
LOT 1, BLOCK 2, SUBOIVISION OF LOTs I a 7, BLOCK 2, MAP OF SECTION NO. 2
AND ADJACENT LANDS, NEW VIRGINIA BEACH
FOR ( PLAT RECORED IN DEED 500K 2494,PAGE@39)
MARSHA LYNN BUILDING CORP. ,
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA
SCALE , l' - 20' APF?IL 29, 1986
JOHN E. SIRINE AND ASSOCIATES. LTD.
SURVEYORS t ENGINEERS
Virginia Beach, Virqini*
JO 32.483
- 25 -
Item IV-F.10.
CONSENT AGENDA ITEM # 30283
Upon motion by Councilman 14oss, seconded by Councilman Feischober, City Council
APPROVED:
Low Bid to A and W CONTRACRORS, INCORPPORATED in
the arnount of $48,500.00 for Drainage Improvement
Project - Fairfield Park Section IT (CIP 2-020).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @iayor Robert E.
Fentress, Harold Heischober, Barbara @l. Henley, Reba
S. i4cClanan, John D. lioss, @layor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 31, 1988
- 26 -
Item IV-F.11.
CONSENT AGENDA ITEM # 30284
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance Authorizing Tax Refunds in the amount of
$1,665.68 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. flenley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORM NO. C.A. 7 10/4/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicat.ions for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Harry & Vivian F Lake 88 RE(2/2) 110517-8 8/26/88 84.16
First Union Mortgage Corp 88 RE(2/2) 50046-6 6/3/88 93.14
Samuel E & Mildred Gurganus 88 RE(1/2) 42919-7 12/5/87 277.57
American Home Funding 88 RE(1/2) 53376-0 12/5/87 42.62
American Home Funding 88 RE(2/2) 53376-0 6/1/88 42.62
Sovran Mortgage Corp 88 RE(2/2) 81832-9 6/5/88 82.14
Peter Beys 88 Dog V16286 9/27/88 7.00
Richard W Lister N/A Pkng 202946 9/15/88 20.00
Total 649.25
This ordinance shall be effective from date of adoption.
The above 4&@.rl(1/2nt(s) totaling
were approved by
the Council of the City of Virginia
Beach on the3l-day of October
proved as to or
Ruth Hodges Smith
City Clerk
torney
10/4/88 EMC
ORM NO. C.A. 7
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- Da!e Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Lomas & Nettleton 87 RE(1/2) 105522-2 11/24/86 3.33
Lomas & Nettleton 87 RE(2/2) 105522-2 6/5/87 3.33
American Home Funding 88 RE(1/2) 86011-1 12/5/87 33.61
Total 40.27
This ordinance shall be effective from date of adoption.
The above a nt(s@ totaling C,
ba6!!Fwere approved by
4
the Council of t" City ObVir
o@nia
Beach on the--' day of ct er &surer
roved as to form:
Ruth Hodges Smith
City Clerk
Attorney
FORM NO. C.A. 7 10/12/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonem- D ate Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Karlyn R Lange 86 RE(1/2) 56029-6 12/5/85 53.86
Karlyn R Lange 86 RE(2/2) 56029-6 6/5/86 53.86
Karlyn R Lange 87 RE(1/2) 58453-6 12/2/86 58.61
Karlyn R Lange 87 RE(2/2) 58453-6 5/22/87 58.61
Karlyn R Lange 88 RE(1/2) 60688-8 11/16/87 64.25
Karlyn R Lange 88 RE(2/2) 60688-8 5/9/88 64.25
Lynnhaven Waterway Marina 88 RE(1/2) 84651-1 6/5/88 305.62
Lynnhaven Waterway Marina 88 RE(2/2) 84651-1 6/5/88 263.10
Leon B Royal N/A Pkng 178852 8/31/88 12.00
John C Rogers N/A Pkng 146148 8/31/88 30.00
Stephen Clark N/A Pkng 235457 9/19/88 12.00
Total 976.16
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
976.16 were approved by
the Council of the City of Virginia
Beach on the 31 day of October
4proved as to form:
Ruth Hodges Smith
City Clerk
- 27 -
Item IV-F.12.
CONSENT AGENDA ITFAM # 30285
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance Authorizing License Refunds in the amount
of $3,049.02 upon application of certain persons
and upon certification of the Commissioner of
Revenue for payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. tIcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
R" NO. CA 8 REV@ 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE I
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 Penafty Int. Total
Year Paid
Clemencia & Michael Lighthall
316 Holly Point Lane
Chesapeake, VA 23325 License 1988 345.00 345.00
Typecrafters, Inc.
T/A Donning Productions
118 Pennsylvania Avenue
Virginia Beach, VA 23462 Audit 1986-87 2,704.02 2,704.02
Certified as to Payment:
Robert P. Vaughan
Cc>mmissioner of the@evenue
Approved as to form:
This ordinance shall be effective from date of icity Attomey
adoption.
The above abatement(s) totaling $3 . 04 9. 02 were approved by the Council
31 October 88
of the City of Virginia Beach on the- day of 119 -
Ruth Hodges Smith
City Clerk
- 28 -
Item TV-F.13.
CONSENT AGENDA ITEM # 30286
ADD-ON
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
APPROVED:
RAFFLE PERMIT
ALL SATNTS EPISCOPAL CHURCH
Voting: 11-0
Council Yiembers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Ileischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 29 -
Item IV-G.l.
APPOINTMENTS ITEM # 30287
Upon NOMINATION by Councilman Heischober, City Council REAPPOINTED to the
COMMUNITY DEVELOPMENT CITIZENS ADVISORY C " ITTEE:
(for a Three year term)
(November 1, 1988 - October 31, 1991)
Ernest Benson Queen City
Mary Ellen Evans Doyletown
Willie L. Gordon Lake Smith
Alice Green Newlight
Johnny Ilaynes Mill Dam
Issac flerbert Burton Station
Carl J. Nagle At Large
Aaron P. Parsons At Large
Sayde Shaw Newsome Farm
Mary Smith Reedtown
Joyce Venning Beechwood
Susie Whitehurst Atlantic Park/Seatack
Howard Williams At Large
Donald Wright Gracetown
ADVISORS
Sam Houston
Elizabeth McClane
Delores Turner
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
'C)
Itein IV-G.2.
APPOINTMENTS TTE@7 # 30288
Upon NOMINATION by CouncilF@ian Sessoris, City Council APPOINTED to the HISTORICAL
REVIEW BOARD:
(For a Two year teriq - Noveriber 1, 1988 - October 31, 1990)
Angus @iurdock
Anne-@leade B. Simpson
Voting: 11-0
Council Dlembers Voting Aye:
Albert W. Balko, John A. Baum, Vice l,ayor Robert E.
Fentress, Harold Heischober, Barbara M. 1'enley, Reba
S. t4cClanan, John D. Moss, Mayor Meyera E. Oberndorf,
l,'ancy K. Parker, John L. Perry and Wi-Iliam D.
Sessoi.qs, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 31 -
Itep.i IV-G.3.
APPOINTMENTS IT@i # 30289
Upon NOMINATION by Vice I'layor Fentress, City Council REAPPOINTED to tlie
TRANSPORTATION SAFETY COMISSION:
(For a Three year term - November 1, 1988 - October 31, 1991)
Woodrow W. Baker, Jr.
Wesley E. Barbour
Aaron P. Parsons
Voting: 11-0
Council lier@ibers Voting Aye:
Albert W. Balko, John A. Baum, Vice t%-ayor Robert E.
Fentress, I'@arold Heischober, Barbara f'. Henley, Reba
S. ll!cclanan, John D. lioss, @@'ayor Ilieyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessorr.s, Jr.
Council Members Voting Nay:
None
Council II'embers Absent:
None
- 32 -
Ttem TV-T.I.
NEW BUSINESS ITEM # 30290
ADD-ON
Giles Dodd, Assistant City Manger for Administration distributed the INTERIM
FINANCIAL STATEMENTS for the Period July 1, 1987, through June 30, 1988. (Said
Statement is hereby made a part of the record.
Giles Dodd advised the year was concluded with a $53,013,496
Undesignated/Unreserved General Fund Balance as noted on Page 7.2. The City
Manager had notified City Council appropriations would probably be requested
against this Balance totaling approximately $11.6-MILLION. In accord with the
Fund Balance Policy, $37.6-MILLTON would need to remain undesignated in the
Fund Balance. When these figures are deducted there is approximately $3.8-
MILLION, City Council could still appropriate this year.
The School Operating Fund Balance, of course, is not permitted to retain any
fund balance because that reverts to the General Fund.
- 33 -
Item IV-1.2.
NEW BUSINESS ITT-il # 30"91
Upon motion by Council.inar, Moss, seconded by Councilwoman Parker, City Council:
CANCELLED - City Council Session - December 26, 1988
RESCHEDULED - City Council Session - January 2, 1989 to January 30, 1989
AND
January 16, 1989 to January 17, 1989
Voting: 11-0
Council llembers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara lli. @lenl.ey, Reba
S. McClanan, John D. l@@oss, t'layor t,@eyera E. Oberndorf,
Nancy K. Parker, Jolin L. Perry and Williari D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- @-4, -
Item IV-I.3.
NEW BUSINESS ITEM # 30292
ADD-ON
The City Council shall examine written proposals at a future dat-- relative tlie
feasibility of SCh7EDULING the ;iight t4eetings of Ci-ty Council at an earlier
time.
October 31 1 88
- 35 -
Ttem IV-I.4.
NEW BUSINESS ITEM # 30293
ADD-ON
tJpon ,iiotion by Councili,.ian Baum, seconded by Councilman Perry, City Council
ADOPTED:
Cooke Elementary School ("Adopt-A-School" Program)
and APPOINTED,
Council Lady Nancy K. Parker as Council Liaison
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, liarold Ileischober, Barbara 11. Henlev, Reba
S. t,'@cClanan, John D. Moss, Mayor t@leyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Menbers Voting Nay:
None
Council @leribers Abstaining:
Nancy K. Parker*
Council Members Absent:
None
Councilwoman Parker ABSTAINED as her daughters are in Cooke Elementary School.
- @16 -
Iter.i IV-1.5.
NEW BUSINESS ITEM # 30294
ADD-ON
Vice Mayor Fentress PRESENTED to Mayor Meyera E. Oberndorf:
AWARD FOR MERITORIOUS ACHIEVEMENT IN CONSERVATION
Vice Mayor Fentress ACCEPTED this Award in behalf of the City Council of the
City of Virginia Beach, Virginia, on October 26, 1988, in Richmond at the 30th
Annual Conservation Forum.
This Award, PRESENTED by the Garden Club of Virginia,recognized City Counci-I's
foresight in the purchase of 24th Street Oceanfront Park.
- 37 -
Item IV-1.6.
NEW BUSINESS ITEM # 30295
ADD-ON
Upon motion by Councilwoman PIcClanan, seconded by Councilrqan Baup.1, City
Council:
Unanimously REQUESTED tlie Board of Zoning Appeals
to defer pending "RV" Recreational Vehicle iteins
until definitive action is taken by City Council as
to an appropriate City Code Amendment.
Councilwoman I,!cClanan will be working with Permits and Inspections and the City
Attorney to DRAFT appropriate ordinances
The Mayor requested any proposed amendments not be ADOPTED until after PUBLIC
HEARINGS had been SCHEDULED.
Voting: 11-0
Council tlembers Voting Aye:
Albert W. Balko, John A. Baum, Vice @iayor Robert E.
Fentress, @larold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. @ioss, t@layor Meyera E. Oberndorf,
Nancy K. Parker, Jofin L. Perry and William D.
Sessorqs, Jr.
Council !,!embers Voting Nay:
lione
Council Members Absent:
None
- 38 -
Item IV-1.7.
NEW BUSINESS ITEIL # 30296
Mayor Meyera E. Oberndorf requested a MOMENT OF SILENCE in respect to two
Departr,.ient fleads who served in the Human Services Department and passed away
recently:
Dr. Caroline Baldwin (10/13/88)
Director Community Corrections
Mrs. Cheryl Johnson (10/28/88)
Director, Pendleton Child Service
Tten IV-J.1.
ADJOURliMENT ITE@L 30297
Upon rnotion by Councilman Eaum and BY ACCI.AMATION, City Council ADJOURNED the
@,eeting at 3:50 P.iO.
Beverly 0. Ilooks
Chief Deputy City Clerk
@,uth Podg6s Smith, CMC
City Clerk
City of Virginia Beach
Virginia