NOVEMBER 20, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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NOVEMBER 20, 1990
ITEM 1. CITY MANAGER'S BRIEFING - Conference Room - 11:00 AM
A. "A MESSAGE FROM THE PRESIDENT"
Dr. James Koch, President, Old Dominion University
ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Rocm - 11:15 AM
A. CITY COUNCIL CONCERNS
ITEM Ill. L U N C H - Conference Room - 12: NOON
ITEM IV. INFOR14AL SESSION - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM V. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend E. H. Terrel I , Jr.
New Saint John AME Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - November 13, 1990
G. PUBLIC HEARINGS
1. CAPITAL IMPROVEMENT PROGRAM
2. General Obl ig ation Bonds: $32,500,000 Pub l Ic Fac i I It les/General
improvements.
3. Water and Sewer Systern Revenue Bonds: $14,560,000 Water/Sewer.
4. General Obligation Bonds: $8,000,000 Roads/Highways/Bridges.
H. ORDINANCES/RESOLUTIONS
1. Ordinance, upon FIRST READING, to adopt the FY 1990-91/FY 1994-95
Capital Improvement Program; to APPROPRIATE $93,071,579 for the FY
1990-91 Capital Budget, subject to funds being provided from
various sources set forth herein; and, to reallocate CIP funds
appropriated In prior fiscal years.
2. Ordinance, upon FIRST READING, authorizing the issuance of General
Obligation Bonds of the City of Virginia Beach, Virginia, in the
maximum amount of $32,500,000 for various Public Facilities and
General Improvements.
3. Ordinance, upon FIRST READING, authorizing the issuance of Water
and Sewer Systern Revenue Bonds of the City of Virginia Beach,
Virginia, In the maximum amount of $14,560,000.
4. Ordlnance, upon FIRST READING, authorizing the Issuance of General
obligation Bonds of the City of Virginia Beach, Virginia, in the
maximum amount of $8,000,000 for Road, Highway and Bridge purposes.
5. Ordinance, upon FIRST READING, to AMEND and REORDAIN Section 35-137
of the Code of the City of Virginia Beach, Virginia, re tax levy on
restaurant meals.
6. Ordinance, upon FIRST READING, to A14END and REORDAIN Section 35-159
of the Code of the City of Virginia Beach, Virginia, re tax levy on
hotel/mofel lodging.
7. Ordinance, upon FIRST READING, to AMEND and REORDAIN Section 21-75
of the Code of the City of Virginia Beach, Virginia, re local
vehicle license tax Imposition.
8. Resolution rescinding those resolutions for the issuance of General
obligation Bonds adopted by City Council on December 12, 1988, and
November 20, 1989, respectively, each in the amount of $8,000,000
for roads, highways and bridges.
9. Resolution directing the City Manager to sulxnlt to City Council a
Quarterly Financial Analysis for al I capital projects with a total
cost in excess of $250,000, which are expected to be ready to bid
for construction (or where amount Includes extensive right-of-way
acquisition costs).
PUBLIC HEARING
1. TAX EXEMPT status: VIRGINIA BEACH CHRISTIAN OUTREACH GROUP, INC.
J. RESOLUTIONS
I Resolution supporting legislation re real and personal property
owned by Virginia Beach Christian Outreach Group, Inc. being exempt
from state and local taxation.
2. Resolution to establish the Fellowship Committee as a City
Council-appointed Committee.
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enarted 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. Ordinance to AMEND and REORDAIN Section 21-378 of the Code of the
City of Virginia Beach, Virginia, by ADDING Section (H)
authorizing the Chief of Police to Impose additional storage lot
requirements re removal, storage and sale of certain unattended
vehicles.
2. Ordinance to AMEND and REORDAIN Chapter 31 of the Code of the City
of Virginia Beach, Virginia, by ADDING Article V re solid waste
recycling reports.
3. Ordinance granting a five-year lease of City-owned property In the
Blackwater Borough to Cox Cable Hampton Roads, Inc. for
construction and operation of a communications tower, at the
intersection of Indian Creek and Blackwater Roads, conditioned upon
the execlition of a lease agreement and the terms and conditions
thereof.
4. Ordinance, upon SECOND READING, to ACCEFR and APPROPRIATE $10,000
from the State Department of Mental Health, Mental Retardation and
Substance Abuse Services to MH/MR/Substance Abuse Special Revenue
Fund.
5. Ordinance, upon FIRST READING, to APPROPRIATE $30,000 from DEA
Shared Proceeds program to FY 1990-91 Budget for purchase of
microcornputer hardware and software re aid in criminal
lnvestigatlons and prosecutions.
6. Ordinance to TRANSFER $149,970 from Regional Jail Study Program to
Tax Exemption program for the Elderly and Disabled.
7. LOW BfD:
VICO CONSTRUCTION Sanitary Sewer Rehabilitation $295,783.70
CORPORATION Beach Borough, Phase Ill
(ClP 6-815)
8. ordinance authorizing special tax refund in the amount of $271.25.
9. Ordinance authorizing tax refunds in the amount of $513.02.
10. Ordinance authorizing license refunds In the amount of $18,046.18.
L. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY SERVICES BOARD
FELLOWSHIP COMMITTEE
FRANCIS LAND HOUSE BOARD OF GOVERNORS
RESORT AREA ADVISORY COMMISSION
TIDEWATER DETENTION HOME
TiDEWATER TRANSPORTATION DISTRICT COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. INTERIM FINANCIAL STATEMENTS
July 1, 1990 - September 30, 1990
Giles G. Dodd, Assistant City Manager for Administration.
0. ADJOURNMENT
CITY COUNCIL SESSION
RESCHEDULED
DECEMBER 6, 1990 2:00 PM
Reschedule of December 4
NATIONAL LEAGUE OF CITIES
(All Sessions of City Council are now held weekly on Tuesday)
11/15/90 lgs
M I N U T E S
VIRGINIA BR-ACH CITY COUNCIL
Virginla Beacii, Virglnia
November 20, 1990
Mayor Meyera E. Oberndorf called to order the COUNCIL CONFERENCE SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Conference Room, City Hall Building, on
Tuesday, November 20, 1990, at 11:00 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
William D. Sessoms, Jr. (ENTERED: 12:00 NOON)
- 2 -
C I T Y MANA GE R IS B R I E F I N G
A MESSAGE FROM THE PRESIDENT
11:00 A.M.
ITEM # 33706
Dr. James Koch, President - Old Dominion University, advised approximately 45%
of the student body Is twenty-five years or older. Eighteen (18%) of the
entering freshmen are African-American. There are over 600 International
students with several hundred students In the Military transition progam,
specifically focused on Individuals leaving the military with aspirations to
teach. There are nine (9) National Merit Scholarship Finalists on campus. The
average SAT score of the entering Freshman Class Is approximately 970. The
students have an approximate 2.9 Grade Point Average and tall within the 75%
percentile in ter-rns of high schcol rank and class. The foremost obligation Is
to serve Hampton Roads. Approximately 5,000 students out of 17,000 are
residents of Virginia Beach. The Comprehensive Graduate Center on Hampton
Boulevard with 1500 registrants is run cooperatively with Norfolk State
University and Is only approximately 2 years of age. This Center otfers
primarily graduate programs in Business, Education, Public Administration,
coursework In Engineering disciplines and a portion of upper level
undergraduate work. There are only 35 classrooms and on any evening, all of
these classroorns are filled. As a part of the Commonwealth's financial
cutbacks, the rent for this facility was cut. ODU is "biting the bullet" on
this particular facility In order to keep this Center functioning. ODU is
Interested In a more substantial Graduate Canter located on a slte of
approximately 50 to 100 acres, thus comprising a significant presence. ODU has
been examining ways to assist Tidewater Community College meet Its student
demand by providing some of that space. It is not their intention to compete
with Tidewater Community College. ODU has been exploring the joint use of
facil lties with TCC. Ninety (90%) of the students at the Comprehensive Graduate
Center are fully employed during the day. Theretore, space Is available during
the day. Since the first of July, ODU has lost approximately 11% of their
budget. The Governor has also requested ODU consider a contingency plan for
another 5% cut. Therefore, ODU will have lost 16% of their Budget in 12 months.
Each employee, lnciuding the President, Is losing 2% of their salary. Beyond
that, the Governor has Indicated plans to also remove 2-1/2% from the pension
contributions.
Old Dominlon University Is Hampton Roads' leading research Institution, with
research grants and contracts totaling more than $12.5-MILLION. ODU announced
the opening ot a new Computer Integrated Manufacturing Center sponsored and
financed by IBM. This Is not only Important In terms of economic development,
but Is recognition for Old Dominion University. ODU Is designated a
Commonwealth Center In Coastal Physical Oceanography with an oceanography
program that Is among the tive best in the County. Another major focal point is
telecommunications of which ODU Is an International leader. This program
includes award-winning programs with the Soviet Union. ODU enrolls 600 students
from 80 countries and offers degrees through courses televised to off-campus
sites, Including the Eastern Shore, Richmond, Roanoke and Northern Virginia.
ODU offers instruction In all languages, Including Russian, Japanese, Italian,
Chinese and Arabic. Dr. Koch advised of a new doctoral program in Business
that, In addition to requlrlng the usual kind of course work in Economics,
Accounting, Flnance and Marketing, requires every student in the program to
demonstrate foreign language competence. Each student MU5t take course work
dealing with the cultural and business practices from the Country or area in
which they specialize. The Students are urged to go abroad as part of one of
the many foreign exchange programs.
Dr. Koch distributed information which is hereby made a part of the record. Dr.
Koch, accornpanied by approximately 35 faculty, staff and students, toured
Roanoke, Northern Virginia and Richmond from October 14-17. In each location,
Dr. Koch and his staff were visiting and teaching classes at a nlrnber of high
schools; hosting school, alumni and community receptions; speaking at various
local civic meetings; and, meeting with government and business leaders,
University donors and the media.
Dr. Koch Introduced Dr. Kay A. Kemper, who as of December First, will be Vice
President for University Relations and Is concerned with alunni development,
governmental relations, news and publications, graphics, et cetera.
- 3 -
N A Y 0 R IS C 0 N C E R N S
1 1: 20 A. M.
ITEM # 33707
Mayor Oberndorf distributed a request frorn Congressman Pickett extending an
Invitation for Members of City Council to attend a BREAKFAST in the VIP ROOM of
the Pavillon at 7:30 A.M., January 9, 1991. This EREAKFAST Is sponsored and
paid for by Congressman Pickett. Thls Is an excellent opportunity for City
Council to discuss ongoing federal projects In the City, such as the various
Corps of Engineers' projects and to receive an update from the Congressfnan on
the national perspective, be It milltary cutbacks or expansions, as well as an
Insight relative Congress's Interactions with State and Local Government.
Councilwoman McClanan advised she would be unable to attend as this is the date
the General Assembly begins Its 1991 Session.
ITEM # 33708
Mayor Oberndorf referenced a NEWS RELEASE. OPERATION HOME FRONT Is a series of
public sector, private sector and community projects Initiated by the City of
Virginia Beach at the request of Mayor Meyera E. Oberndorf. The projects of
OPERATION HOME FRONT are designed to demonstrate community support for local
military personnel, especially those deployed or about to be deployed to the
Middle East and their dependents in Virginia Beach.
Rear Admiral Kenneth L. Carlsen has provided the opportunity for all
collectibles for the military to be transported to the Persian Gulf. The
Hotel/?4otel Association will be providing two-free room nights for 120 military
personnel and their families from the USS. Theodore Roosevelt and the USS
America. The Restaurant Association and Retall Merchants will be hosting a
dinner party at the Dome on Wednesday, December 5, 1990 from 6:00 to 10 P.M.
Ticket allocation will be handied by the Military Command.
The Virginia Beach Mayor's Veterans Committee will collect M & M's for Project
Desert Delivery. The public can bring sealed bags and containers of M & M's to
the Tidewater Veterans Memorial on Nineteenth Street on Saturday, December 1
from 9:00 A.M. to 5:00 P.M.
William Lawton, owner of Forbes Candies, Inc. of Virginia Beach, has donated
300 boxes of salt water taffy for Project Desert Delivery. Candy will be
delivered to tlie Navy's Fleet Hospital 15. The medical and support personnel of
this Fleet Hospital are residents of Hampton Roads form the Portsmouth Naval
Hospital.
- 4 -
C I T Y CO UN C I L CON C E R N S
11:40 A.M.
ITEM # 33709
Councilman Jones and Robert Scott, Director of Planning, met with the Civic
League on Thursday, November 15, 1990, relative Pleasure House Lake.
Information was distributed and the position of the City Council was explained.
Approximately 200 people were In attendance. These concerns were relative the
fil I lng of this lake by a developer and whether they would be protected by the
Chesapeake Bay Preservation Act.
Councilwoman McClanan advised she had inquired, during discussion of the
Homestead Borough Pit, whether there were similar situations existing in the
City. The City Staff advised there were not; however, this application relative
Pleasure House Lake was already filed with the Wetlands Board and the Plannlng
Commission had recommended approval. The City Manager will Investigate and
advise. There Is a difference between the Hclnestead Pit and Pleasure House Lake
A map Is available citing the borrow pits and lakes.
Councilman Baum advised the Federal Agencies Including the Corps of Engineers
will not make their positions clear on any of the Wetlands Issues. They should
be able to advise durlng the permit process whether or not a borrow pit could
be filled. The permit process Is unclear. Councilman Baum requested the Federal
Agencies clarify their objectives.
ITEM # 33710
Councilman Brazier referenced a letter of November 19, 1990, and advised of a
meeting with Maryanne Ustick, Director of Department of Housing and
Neighborhood Preservation, Councilwoman McC[anan and himself. This
correspondence was relative the Plaza Area Inspection Team, which was
envisioned to Include police officers. The City is establishing an Inspection
team to Inspect the Plaza Apartments for health hazards, fire hazard, et
cetera. As there Is a possible liability due to the appearance of law
enforcement efforts as opposed to purely public safety efforts to inspect the
apartments, there was a consensus that the police officers not accompany the
Inspection team. Plaza Apartments, Slxteenth Street and Lake Edward West have a
higher Instance of drug dealing than the m@ority of places In the City.
Councilwoman McCianan and Councilman Brazier would like to see a concentrated
effort addressed simultaneously In these three areas on the part of the pol Ice
department until the problems are alleviated.
ITEM # 33711
Councilman Brazier distributed information relative his suggestions for Goals
and Objectives of the Fellowship Committee. Copy of same Is hereby made a part
of the record. If, during the Information gathering phase, a majority of the
Committee believes they have heard of a human rights violation, the Committee
shall report that violation to the Virginia State Council on Human Rights and
so advise the Virginia Beach City Council.
ITEM # 33712
With reference to SCHOOL BQARD APPOINTMENTS, Councilman Lanteigne suggested a
questionnaire be devised. After each of the candidates speaks, they could be
presented with a questionnaire, which upon completion, they would return to the
City Council. This would provide addltional Information relative their
communication goals and provide greater assistance in making a decision.
Councilman Lanteigne requested the City Attorney Investigate the legality of
placing the names of the Incumbents on the General Election Ballot In November
as an Advisory Referendun, inquiring of the General Public whether their
services should be retained or not. This would provide additional Information
but not be considered a vote.
Councilman Baum believed all were of the opinion unless an elected School Board
has Taxing Authority, it Is not feasible. The Hearings for School Board
appointments are mandated by the State.
5
C I T Y CO UN C I L CON C E R N S
11:40 A.M.
ITEM # 33712 (Continued)
Mayor Oberndorf requested the City Manager determine If Advisory Referendums
could be held on other Boards, I.e. Plannlng Cornmission, Wetlands, et cetera.
Mayor Oberndorf and Councilman Heischober reterenced the article relative
SCHOOL BOARD APPOINTMENTS In the Virginian-Pilot/Ledger Star, Sunday, November
180 1990. Councilman Heischober was concerned relative the misinterpretation of
this article.
Vice Mayor Fentress advised a Talent Bank I isting, comprising three pages of
candidates for the School Board with Confidential Resumes on file, Is forwarded
to all Members of City Council.
Councilwoman McCianan bel ieved a crisis was currently existing In the School
System. The City Council should decide goals for the School Board and It Is
particularly Important to choose an Individual with the expertise to assist in
attalning these goals. The School Board should represent different viewpoints.
ITEM # 33713
Councilman Lanteigne referenced the parking sltuation. Concerning the Judicial
Center, If the Wetlands Issues are clarified there is to be an addition of 728
spaces to the west side of the Judicial Center as wel I as a future site for
another expansion. Councilman Lanteigne requested the City Staff determine the
specific parklng needs of the employees and once this Is determined investigate
revenues which could be generated from paid parking by cltizens visiting the
Municipal Complex on a short-term basis. This could be placed In a fund to pay
for future parking facilities and maintenance of parklng facilities.
Councilwoman McClanan advised the Judicial Center was planned with a third less
parking than It needed. Counci lwoman McClanan did not bel ieve the City could
f lnancial ly afford to bui Id al I the parking lots necessary so every employee
could drive their own car.
The City Manager had requested the City Staff investigate possible Tidewater
Regional Transit routes to the Municipal Center to provide better accessibi I ity
from certain facilities where public parking already exists. The possibility of
employee parking at other areas l.e, Landstown where the employee could park
their car and then catch a trol ley wi I I be researched. The City has provided
some priority parking spaces for Car Pool Employees.
Counci Iman Brazier bel ieved, as signif lcant revenue Is also being missed, the
City should also research the possibility of having parking meters 'year round
on the valuable parking spaces located on Atlantic Avenue and the side streets
at the Gceanfront.
ITEM # 33714
Counci lman Lanteigne advised concerns relative the Ordinance granting a f lve-
year lease of City-owned property in the Blackwater Borough to Cox Cable
Hampton Roads, Inc. for construction and operation of a communications tower,
at the Intersection ot Indian Creek and Blackwater Roads, conditioned upon the
execution of a lease agreement and the terms and conditions thereof (See Item
V-K.3 of the CONSENT AGENDA).
- 6 -
C I T Y CO UN C I L CON C E R N S
ITEM # 33715
Councilwoman McClanan referenced the Ordinance to TRANSFER $149,970 from
Regional Jail Study Program to Tax Exemption program for the Elderly and
Disabled. (See Item V-K.6 of the CONSENT AGENDA). Councilwoman McClanan has
forwarded verbatims of the Informal Session of October 9, 1990, and the Formal
Session of October 16, 1990, concerning the Regional Jail to Arthur Collins,
Executive Director of the Hampton Roads Planning District Commission.
Councilwoman McClanan requested this Ordinance be DEFERRED until Mr. Collins
can respond to City Council Inquiries relative the Reglonal Jail Study Program.
- 7 -
ITEM 33716
The INFCRMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Obern dor f in the Con f erence Room, Cl ty HAII BuIIdIng , on
Tuesday, November 20, 1990, at 12:18 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
8
ITEM # 33717
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 appointment of specific
public appointees pursuant to Section 2.1-344(A)(1). To-wit: Appointments:
Board of Building Code Appeals, Chesapeake Bay Preservation Area Board,
Community Services Board, Development Authority, Fellowship Committee,
Francis Land House Board of Governors, Personnel Board, Planning Commission,
Resort Area Advisory Commission, Tidewater Detention Home, Tidewater
Transportation District Commission.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or
probable litigation or other specific legal matters are the following: 1.
Hampton Roads Sanitation District (@SD) Y. City of Virginia Beach 2.
Virginia Land Investment Association No. 1 (VLIA) v. City of Virginia Beach
3. Garcia v. City of Virginia Beach
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
voted to proceed Into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
November 20, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Counci I Chambers, City Hal I Bul ]ding, on Tuesday,
November 20, 1990, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Vice Mayor Robert E. Fentress
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
I tem V-E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 33718
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council CERTIFIED THE EXECLJTIVE SESSION TO BE IN ACCCRDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed In Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
Identified In the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
41
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 33717
Page No. 8, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
City Clerk November 20, 1990
Item V-F. 1.
MINUTES ITEM 33719
Upon motion by Councilman Sessoms, s-onded by Vice mayor Fentress, City
Council APPROVED the Minutes of INFCRMAL AND FCRMAL SESSIONS ot November 13,
1990.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Cl yburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louls R. Jones
Council Members Absent:
None
Councilman Jones ABSTAINED as he was not in attendance during the City Council
Sessions of November 13, 1990.
- 12 -
Item V-G. 1 .
PUBLIC HEARING ITEM # 33720
Mayor Oberndorf DECLARED a PUBLIC HEARING:
CAPITAL IMPROVE)4ENT PROGRAM
GENERAL OBLIGATION BONDS: $32,500,000 PUBLIC FACILITIES/GENERAL IMFROVE)4ENTS
WATER AND SEWER SYSTEM REVENUE BONDS: $4,560,000 WATER/SEWER
GENERAL OBLIGATION BONDS: $8,000,000 ROADS/HIGHWAYS/13RIDGES
The following spoke expressing their concerns relative various issues:
Rae LeSesne, 5325 Thornburg, Phone: 497-8008, President of the Citizens Action
Coal ltion. Mr. LeSesne advised additional debt Is being taken to a point
where the City's financial advlsors have warned that the City's Double A Bond
rating may be placed In jeopardy.
Harry Lumen, represented former Councilman John Moss as he was unable to
attend. Mr. LLrnen read Mr. Moss's statement Into the record. Copy of same Is
hereby made a part of the record. City Council should reject the acceleration
of Atlantic Avenue Beautification, the extension of the 'half cent meal tax,
the planned Increase In the City Car Decal Fee to $25.00 and should defer the
Issuance of $64- MILLION of special Charter Road Bonds, as well as
Indefinitely deferring the proposed accelerated $43-Milion worth of
Improvements for Sandbridge.
Timothy Barrow, Chairman - Resort Area Advisory Commission, referenced an
alternative Interim CIP proposal, establishing a long range comprehensive
resort strategy while providing time necessary to fully evaluate long range
financing options. This alternative stays within the five-year budget program
recommended by the City Manager. The alternative will provide $500,000 to
finance the design of the Marine Science Museum; $200,000 to initiate
conceptual design of the expanded Convention/Exhibition and Conference
Facilities at the Pavilion, $100,000 to complete design of the Twenty-fourth
Street Park, $200,000 to make remedial Improvements to the Boardwalk and to
complete the Initial phase of this project; and $100,000 to conduct Initial
studies for the 27-hole expansion of Red Wing Golf Course and the development
of a 10,000 seat performing arts arnphitheater.
Nancy A. Creech, 2700 East Kings Road, spoke In support of the position of Mr.
Barrow and advised the $500,000 included In last year's budget for the Marine
Science Museum will be depleted by February 1991. If funds are not received,
the expansion will be delayed. Mrs. Creech urged the consideration of
including another $500,000 In this year's CIP for the Marine Science Museum
Daniel B. Diviney, 1048 Beivoir Lane, Phone: 424-3571, President of Lake James
Homes Association. The Association was in OPPOSITION to the portion of the CIP
that contains funding for the Centerville Turnpike Phase 1A Relocation.
Sue Carlyle, 1425 Alanton Drive, Phone: 481-2538, Vice President Virginia
Beach Audubon Society. The Society is in OPPOSITION to Ferrell Parkway and
any other activities which would be detrimental to the Back Bay National
Wildiffe Refuge.
Bud MeTheny, 2424 Sandpiper Road, Phone: 426-5221, spoke in OPPOSITION to
Sandbridge Severs and Ferrell Parkway Phases Vi and VII.
Deborah H. Elb, 2404 Tono Court, Phone: 426-7089, represented residents of
Lagornar. Mrs. Eib distributed petitions containing 130 signatures in
OPPOSITION to Ferrell Parkway Phases VI and VII.
- 13 -
Item V-G.l.
PUBLIC HEARING ITEM # 33720 (Continued)
Jack Asire, 2516 Entrada Drive, Phone: 721-6278, represented himself. Mr. Asire
spoke In OPPOSITION to Ferrell Parkway Phases Vi and VII.
Kal Kassir, 2009 Alphine Road, Phone: 481-5511, Member of the Board of
Directors of the Restaurant Association Mr. Kassir spoke In OPPOSITION to the
extension of the tax levy on restaurant meals.
Bi I Mi I ler, Phone: 481-6419, represented in various capacities the local
Restaurant Association and the State Restaurant Association. Mr. Miller spoke
in OPPOSITION to the extension of the tax levy on restaurant meals.
Bill Dillon, 203 22nd Street, Phone: 425-6330, President of the Virginia Beach
Restaurant Association. Mr. Dillon spoke in OPPOSITION to the extension of
the tax levy on restaurant meals.
Helen McDonald, 2360 Sandtiddler, Phone: 426-6653, resident of Sandbridge for
17 years. Mrs. McDonald spoke In support of Sandbridge Sewers, Sand and
Ferrell Parkway Phases VI and VII.
Joyce Davis, 4153 Edinburgh Dive, Phone 463-0283, with four chi ldren In
Virginia Beach publ lc schools. Mrs. Davis requested Education be considered
the top priority In the CIP.
Dorothy Cashmore, 2612 Edgehill Avenue, Phone: 721-7802, represented the
Redmill Farms Civic Association. The Association spoke in OPPOSITION to
Ferrell Parkway Phases VI and VII. Mrs. Cashmore presented petitions in
OPPOSITION.
Louise Gurley, 1017 Camino Court, Phone 426-6751, Sixth grade teacher at
Redmill Elementary School. Mrs. Gurley spoke In OPPOSITION to Ferrell Parkway
Phases Vi and VII. Education should be the top priority in the CIP.
Kathi Thorbjornsen, 304 Sturgeon Lane, Phone: 426-2440, residentof Sandbridge.
Mrs. Thorbjornsen spoke In OPPOSITION to Ferrell Parkway Phases VI and VII.
Diane B. McCabe, 737 Pinetree Drive, Phone: 463-4595, resident of Virginia
Beach for 7 1/2 years. Mrs. McCabe urged a priority of Education.
Ellis Hinnant-Will, 2917 Sandpiper, Phone: 426-2787. Mrs. Hinnant-Will spoke In
OPPOSITION to Ferrell Parkway Phases VI and VII and requested the Sewers be
delayed.
Colonel Robert Engesser, 5290 Vestry Drive, Phone: 499-3157, requested a
Moratoritin be declared on the Capital Improvements Program.
Georgette Constant-Davis, 110 82nd Street, Phone: 422-2948, presented petitions
In OPPOSITION to Ferrell Parkway Phases VI and VII. Said petitions hereby made
a part of the record.
Addison Richardson, 804 Winston Salem Avenue, Phone: 422-0455, life tong
resident of Virginia. Mr. Richardson's family owns two hotels at the
Oceanfront. The Virginia Hotel/Motel Association has voted unanimously to
endorse the extension of the sunset clause on the tax levy on hotel/motel
lodging as a funding mechanism for the Atlantic Avenue acceleration program.
Robert K. Dean, 1204 Shawn Drive, Phone: 427-6606, Chairman of the Southeastern
Association for Virginia's Environment. Mr. Dean spoke In OPPOSITION to
Ferrell Parkway Phases Vi and VII and Sandbridge Sewers.
14 -
item V-G- I
PUBLIC HEARING ITEM # 33720 (Continued
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to
Sandbridge Sewers
Julie Weishar, 2017 Dry Creek Court, Phone: 430-2028, resident of Hunters Run.
Mrs. Weishar spoke In OPPOSITION particularly to Ferrell Parkway Phases V.
Cheryl Petticrew, 308 Swordfish Lane, Phone: 426-5221, distributed petitions in
OPPOSITION to Forrell Parkway Phase Vi and VII.
J. F. Weirich, 1509 Back Cove Road, Phone: 481-0421, part time resident of
Sandbridge. Mr. Weirich advised the funds In Sandbridge should be expended
towards stabilizing the beaches.
Molly Brown, 2232 Sandpiper Road, Phone: 721-5011, President of Friends of Back
Bay/Save our Sandbridge. The Association requested the delay of Ferrell
Parkway and the Sandbridge Sewers until a responsible growth management plan
within the Cornpehensive Plan can be developed for Sandbridge.
Fred Stemple, Jr., 505 Benlea Court, Phone: 427-7191, Member of the Biology
Department at Tidewater Community College. Mr. Stemple represented himself and
concerned faculty members and students In OPPOSITION to Forrell Parkway Phase
VI and VII. Mr. Stemple distributed petitions In OPPOSITION. Said petitions
are herby made a part of the record.
Charles Lane, 308 Teal Crescent, Phone: 721-3658, resident of Sandbridge. Mr.
Lane spoke in SUPPCRT of Sandbridge Sewers.
Flo McDaniel, 968 South Oriole Drive, Phone: 428-8015, represented the
Hotei/Motel Association. The Association spoke In support of the Ordinance
pertaining to the tax Levy on Hotel/Motel Lodging, subject to the condition
the tax rate wil I sunset In the year 2005 and the one-hal f percent tax wil I be
dedicated to Improvement of Atlantic Avenue, the stub streets and numbered
side streets.
Chuck Bowles 328 Bluebill Drive, Phone: 721-7332, Chairman of the Back Bay
Citizens Alliance. Mr. Bowles spoke In SUPPCRT of Sandbridge Sewers.
Ronna Tracy, 116 Eagiewood Drive, Phone: 422-9858, spoke in SUPPORT of
Sandbridge Sewers.
Kay Ashley, 313 Pickerel Lane, Phone: 426-6635, teacher at Bayside High School.
Mrs. Ashley spoke In OPPOSITION to Ferrell Parkway Phase VI and VII.
Alice Green, 122IGeneral Street, Phone: 420-0177, represented the Newlight
Civic League. Mrs. Green spoke In OPPOSITION to the cul-du-sacs in relation to
the widening of Indian River Road.
Earl D. Cartwright, 1340 Ferry Point Road, Phone: 424-3053, represented the
Newlight Civic League. Mr. Cartwright spoke In OPPOSITION to the cul-du-sacs
in relation to the widenlng of Indian River Road.
E. George Minns, 1429-A Reynard Crescent, Phone: 427-0250. Mr. Minns spoke in
SUPPORT of the Sandbridge Sewers.
Karen Harris, 1012 Camino Court, Phone: 721-7569, resident of Lagomar. Mrs.
Harris spoke In OPPOSITION to Ferrell Parkway Phase VI and VII.
Maxine Graham, 3057 South Sandpiper Road, Phone: 721-3000, spoke in SUPPORT of
Sandbridge Severs and Improvement to Sandbridge Road. Mrs. Graham advised she
had been working on this project personally tor over 15 years.
Richard Browner, 780 Lynnhaven Parkway, Suite 465, Investment owner In
Sandbridge. Mr. Browner spoke in SUPPORT of Sandbridge Sewers and Forrell
Parkway Phase Vi and VII.
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING
- 15 -
Item V-H. 1.
ORDINANCES/RESOLUTIONS ITEM # 33721
A MOTION was made by Councilwoman Parker to pull the Sandbridge projects for a
separate vote. The MOTION failed for a lack of a second.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED upon FIRST READING:
Ordinance to adopt the FY 1990-91/FY 1994-95
Capital Improvement Program; to APPROPRIATE
$93,071,579 for the FY 1990-91 Capital Budget,
subject to funds being provided from various
sources set forth herein; and, to reallocate CIP
funds appropriated in prior fiscal years.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones,* Paul J. Lanteigne, Mayor
Meyera E. Oberndorf*l@ and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
None
*"Mayor Oberndorf voted a VERBAL NAY on No. 6-931 Sandbridge Sewers and No.
2-150 Ferrell Parkway Phases VI and VII
*Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, ownership of properties fronting on the following Road Projects: #2-
930 Salem Road, #2-037 Landstown Road, #2-820 Princess Anne Road Phase III,
included in the Capital Improvement Program. Based upon the advice of the City
Attorney, Councilman Jones can participate in the transactions, fairly,
objectively and in the public interest.
1 AN ORDINANCE TO ADOPT THE
2 Fy 1 ggo-gi /FY 1994-95 CAPITAL
3 IMPROVEMENT PR(JGRAM AND TO APPROPRIATE
4 $93,071,579 FOR THE FY 1990-91
5 CAPITAL BUDGET SUBJECT TO FUNDS BEING
6 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN
7 WHEREAS, the City Manager, on September 18, 1990, presented to City Council the Capital
8 Improvement Program for fisgal years 1991-95,
9 WHEREAS, Cky Council held public hearings on the program to provide for public comment,
10 WHEREAS, based on public comment, City Council has determined the need for the
I 1 projects in the Capftal Improvement Program,
12 WHEREAS, ft is necessary to appropriate funds for the projects underway or beginning in
13 the 1990-91 fiscal year as set forth in said Capftal Improvement Program.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16 Section 1: That the program for the construction of, or addition to capital facilities identiied
17 for fiscal year 1990-91 through 1994-95 is hereby adopted and that projects listed herein are approvld as
18 capital projects.
19 Section 2: That the projects shall be financed from funds to be appropriated periodically by
20 Cfty Council, and until funds are so provided, the projects are for planning purposes only and may be
21 deleted, altered, or rescheduled in any manner at any time by Cfty Council.
22 Section 3: That funds in the amounts aggregating $93,071,57.9 for capital projects underway
23 or beginning in the 1990-91 fiscal year as set forth in said Capital Improvemert Program are hereby
24 appropriated, subject to the conditions set forth, as follows:
25 CAPITAL PROJE A
26 SCHOOL PROJECTS:
27 1-004 Kempsville High School Modernization $ 3,310,000
28 1-022 Tallwood High School 309,000
29 1-040 Underground Storage Tanks - Schools 350,000
30 1-960 Various Schools Roofing - Phase Ill 200,000
31 1-992 Various Schools Roofing - Phase IV 454 00
32 TOTAL SCHOOL PROJECTS 62 000
33 ENGINEERING AND HIGHWAY PROJECTS:
34
35 2-019 Indian Lakes Boulevard - Phase 1 $ 117,634
36 2-021 Rural Road Improvements 100,000
37 2-036 Roadway Advanced Land Acquis'aion 198,979
38 2-037 Landstown Road 96,680
39 2-039 Dam Neck Road - Phase 1 1,252,433
40 2-040 West Neck Bridge 1,353,142
41 2-042 Mill Dam Bridge 313,981
42 2-055 London Bridge Road - Phase 1 205,117
43 2-065 Indian River Road - Phase IV 23,492
44 N INEERIN AND HIGHWAY PROJECTS: (concluded)
45 adwa pro, ct : (concluded) $ 17,032
46 2-070 Northampton Boulevard - Phase 11 173,284
47 2-071 Dam Neck Road - Phase 11 734,924
48 2-075 Rosemont Road - Phase IV 1,000,000
49 2-078 Counhouse Loop - North 1,440,040
50 2-080 Indian River Road - Phase V
51 2-081 Tidewater Communfty College Offske Access 103,084
52 Improvements 126,563
53 2-086 South Plaza Trail 658,522
54 2-096 Ferrell Parkway - Phase V 195,400
55 2-098 Princess Anne Road - Seaboard Road Intersection
2-121 Roadway impact Reduction Program 200,000
56 148,426
57 2.122 Gum Swamp Bridge 200,120
58 2-129 Elbow Road Bridge 361,563
59 2-132 London Bridge Road Extended 268,924
60 2.134 Flanagan's Lane 195,266
61 2-135 Lynnhaven Drive 300,000
62 2-141 Economic Development Investment Program 63,200
63 2-169 Rosemont Road Widening 594,815
64 2-810 Centerville Turnpike - Phase IA 737,080
65 2-816 Traffic Safety Improvements 91,284
66 2-820 Princess Anne Road - Phase Ill 16,019,039
67 2-831 Independence Boulevard - Phase Ill 636,963
68 2-833 First Colonial Road - Phase Ill 118,924
69 2-837 Various Cost Participation Projects 3E2,l64
70 2-903 Rudee Inlet Bridge
2-910 General Booth Boulevard - Phase 11 33,228
71 2-929 Virainia Beach Boulevard - Phase Ill 743,330
72 3,165,312
73 2-936 Ferrell Parkway - Phase IB 40,600
74 2-980 Seatack Streets - Phase IIA 620,318
75 2-984 Seatack Streets - Phase IIB
76 2-987 Independence Boulevard - Phase IV
77 Total Roadway Projects 71 471
78 100,000
79 Mainteriance Dredging $
so 2-020 Various Drainage Improvements 200,000
2-1 1 0 SoLrthhall Ouarter Drainane 31,139
81 554,248
82 2-113 NPDES Stormwater Syst;m Permit Application
83 2-114 Princess Anne Plaza Drainage - Phase 11 853,671
84 2.115 Rosemont Road - Windsor Wood Drainage 859,598
85 2.116 Salem Road Box Culvert 114,700
86 2-117 Wolfsnare Ddch Improvements 306,802
87 2-170 North Beach Storm Drainage Interim Improvements 350,000
88 2-704 Beach Erosion Control and Hurricane Protection 703,703
89 2-800 Lynnhaven Colony Drainage 75,770
90 2-815 Stumpy Lake Hydraulic Study and 17,000
91 Drainage Improvements 49,525
92 2-817 Chesapeake Beach Drainage - Phase 1 1,921,121
93 2-819 Ocean Park Storm Drainage i,263,204
94 2-823 Salem Canal Improvements 205,500
95 2-830 Rudee Inlet Dredging Drainage 767,878
96 2-960 Oceana Gardens West
97 3-933 Landfill #2 - Expansion 0 0
98 Total Stormwater Projects 17 9
99
100 2-107 Lynnhaven/Princess Anne Bikeway $284,095
7 0
101 2-148 various Bikeway Improvements
102 Total Bikeway Projects 9 9
103 Resort A 0 cts: Improvements $13,694,6B5
104 2-049 Resort Streetscape 280,379
105 2-051 Resort Parking Improvements
106 2-066 Oceanfront Connector Parks 2 2
107 Total Resort Area Projects 244 9
108 TOTAL ENGINEERING AND HIGHWAYS PROJECTS 49 414
109
110 3-005 Underground Storage Tanks - CitY $1,125,000
ill BUILDING PROJECTS: (concluded)
112 3-007 Pesticide Storage Facility $ 129,529
113 3-008 Computer Aided Dispatch System 1,200.000
114 3-010 Beach Borough Service Center 236,614
115 3-304 Princess Anne Library 113,171
116 3-910 Kempsville Public Safety and Library Services
117 Expansion 89,347
118 3-954 Fire Station - Diamond Springs 238,068
119 3-968 Fire/Rescue Station - General Booth 178,387
120 3-976 Fire Training Center Enhancements 328,812
121 3-977 Judicial Center 1,917,000
122 3-980 Farmers' Market Parking Lot Expansion 30,500
123 3-986 Municipal Center Renovation - Programming 82,374
124 3-992 Pendieton Child Service Center Relocation 989,417
125 TOTAL BUILDING PROJECTS $ 6,658,219
126 PARKS AND RECREATION PROJECT,5:
127 4-809 Rosemont Forest Park $ 154,000
128 4-936 Recreation Office and Storage Facility at School Sites 121,946
129 4-939 Neighborhood Park Acquisftion and Development 250,000
130 4-948 Scenic Waterways Improvements 200,000
131 4-949 Existing Cfty Property - District/Communfty Park
132 Development 587,500
133 4-950 Currently Owned But Undeveloped Neighborhood Park
134 Improvement - Backlog Reduction 162,500
135 4-951 Neighborhood/Communfty Park Acquisition Development -
136 High Priorfty Deficit Area 300,000
137 4-954 Tennis Court Renovations 105,000
138 TOTAL PARKS AND RECREATION PROJECTS $ 1,880,946
139 TOTAL GENERAL IMPROVEMENT PROJECTS $ 76,511,579
140 WATER UTILITY PR T :
141 5-001 Virginia Beach Boulevard - Phase Ill $ 272,000
142 5-039 Broad Bay Colony - 51% Type 20,000
143 5-045 Independence Boulevard - Phase Ill 20,000
144 5-048 Lynnwood/Michaelwood - 51% Type 1,030,000
145 5-068 Comprehensive Water Study - Phase 11 100,000
146 5-069 Small Line Improvements - Phase 11 250,000
147 5-070 Various Highway Projects - Phase 11 200,000
148 5-071 Water Request and Agreement Projects - Phase 11 250,000
149 5-073 Indian River Road - Phase V 260,000
150 5-074 Richard Road 50,000
151 5-075 Gunn Hall Drive 110,000
152 5-076 Kempsville Road 200,000
153 5-077 Ocean Park Water Line Extensions 90,000
154 5-079 Rosemont Road - Phase IV 170,000
155 5-080 Lakeville Estates - 51 % Type 825,000
156 5-081 Sherry Park - 51 %Type 760,000
157 5-835 Lynnhaven Pump Station Modifications 192.361
158 5-921 London Bridge Road - Phase 1 204,000
159 5-938 Kempsville Suction - Phase I 100,000
160 5-953 Great Neck Road - Phase 11 55,000
161 5-966 Atlantic Avenue Improvements 00 00
162 TOTAL WATER UTILITY PROJECTS $ 5,658,361
163 SEWER UTILITY PROJECTS:
164 6-003 Landstown Road $ 330,000
165 6-004 Landstown Municipal Property 245,000
166 6-011 Woodland 560,000
167 6-012 South Plaza Trail Bridge Sewer 70,000
168 6-015 Infiltration, Inflow, and Rehabilitation - Phase 11 500,000
169 6-016 Pump Station Modffir-ations - Phase 11 400,000
170 6-M7 Various Highway Projects - Phase Ii 50,000
171 6-018 Various Sewer Projects - Phase 11 700,000
172 6-019 Wftchduck Road 112,939
173 6-925 Atlantic Avenue Improvements 700,000
174 6-928 Cavalier/North Linkhorn Park 386,000
175 6-934 Bay Colony 2,065,000
176 6-935 Broad Bay Colony 1,000,700
177 6-937 Aragona Rehabilftation 200,000
178 SEWER UTILITY PROJECTS: (concluded)
179 6-939 Comprehensive Sewer Study $ 600,000
180 6-940 Tanglewood 25,000
181 6-941 Laurel Manor/Dogwood Acres 265,000
182 6-944 Princess Anne Hills 400,000
183 6-948 Lynnwood/Michaelwood 1,6GO,000
184 6-962 Timbedake Force Main 240,000
185 6-976 Busky Lane 257,000
186 6-990 Holland Utilities 170,000
187 6-995 Lakeville Estates 25,000
188 TOTAL SEWER UTILITY PROJECTS $ 10,901,639
189 TOTAL WATER AND SEWER UTILITY PROJECTS $ 16,560,000
190 TOTAL APPROPRIATIONS $ 93,071,579
191 To be funded from the following sources:
192 General Appropriations $ 15,134,563
193 1990 Charter Borids 32,500,000
194 1988 Road Bond Authorfty 8,000,000
195 19W Road Bond Authorky 8,000,000
196 19W Road Bond Authorfty 8,000,000
197 Water and Sewer Fund 2,000,000
198 Revenue Bonds 14,560,000
199 Revenue Sharing 495,000
200 State Contribution 1,501,312
201 Federal Contribution 337,000
202 Other 2.@543,704
203 TOTAL $ 93,071,579
204 Amounts appropriated above amend any 1990 - 1991 fisral year allocations previously
205 authorized in the FY 1990-91 Operating Budget adopted by the City Council on May 14, 1990.
206 Section 4. That the Resort Program Capftal Project Fund shall be used for the purpose of
207 accounting for the revenues, appropriations, expenditures, and encumbrances associated with the resort
208 area capftal improvement program.
209 Section 5. That capftal project funds appropriated in prior fiscal years are to be reallocated
210 in accordance wfth said Capftal Improvement Program as follows:
211 SCHOOL PROJECTA:
212 TRANSFER TO:
213 1-004 Kempsville High School Modernization $ 991,000
214 1-960 Various Schools Roofing - Phase Ill 350,000
215 TOTAL TRANSFERS TO $ 1,341,000
216 TRANSFER FROM:
217 1-007 School Plant Facilfty Addftion $ 10,424
218 1 -01 0 Ocean Lakes High School 485
219 1-019 Adult Learning Center Parking Lot 4,744
220 1-936 Princess Anne High School Modernization 99,998
221 1-937 Salem Junior High School 167,464
222 1-951 Salem High School 10,951
223 1-954 Center for Effective Learning 272,188
224 1-962 Parkway Elementary School 452
225 1-965 Various Schools Air Conditioning - Phase Ill 631,092
226 1-972 Running Tracks - Conversion to Metric 19,130
227 1-974 Williams Elementary School Renovation 124,072
228 TOTAL TRANSFERS FROM $ 1,341,000
229 ROADWAY PROJEAS:
230 TRANSFER TO:
231 2-039 Dam Neck Road - Phase 1 $ 853,297
232 2-083 Indian Lakes Boulevard - Phase 11 404,858
233 2-091 Independence Boulevard - Phase IIA-2 1,366
234 2-092 Northampton Bouelvard - Phase IIA 211,196
235 2-412 Virginia Beach Boulevard - Phase 1 216,977
236 2-984 $p-atack Streets - Phase IIB 105,268
237 2-987 Independence Boulevard - Phase IV 77,148
238 TOTAL TRANSFERS TO: $ 1,870,110
239 TRANSFER FROM:
240 2-021 Rural Road Improvements $ 10,000
241 2-034 Pavilion Drive - South 46,300
242 2-G41 South Plaza Trail Bridge 18,289
243 2@ Indian River Road - Phase IV 92,826
244 2-070 Northampton Boulevard - Phase 11 207
245 2-810 Centerville Turnpike - Phase IA 20,000
246 2-837 Various Cost Participation Projects 1,759
247 2-910 General Booth Boulevard - Phase 11 115,541
248 2-925 Northampton Boulevard - Phase 1 57,927
249 2-936 Ferrell Parkway - Phase IB 1,490,362
250 2-946 Gracetown Area Street Improvements 16@899
251 TOTAL TRANSFERS FROM $ 1,870,110
252 STORMWATER PROJECTS:
253 TRANSFER TO:
254 2-117 Wolfsnare Ditch Improvements $ 300,000
255 TOTAL TRANSFERS TO $ 300,000
256 TRANSFER FROM:
257 2-951 Lake Banbury Ouffall Drainage $ 300,000
258 TOTAL TRANSFERS FROM $ 300,000
259 BIKEWAY PROJECT@:
260 TRANSFER TO:
261 2-107 Lynnhaven/Princess Anne Bikeway $ 205,015
262 TOTAL TRANSFERS TO $ 205,015
263 TRANSFER FROM:
264 2-068 Bayfront Bikeway 2 01
265 TOTAL TRANSFERS FROM $ 205,015
266 RESORT AREA PROJECTS:
267 TRANSFER TO:
268 2-049 Resort Streetscape Improvements $ 890,965
269 TOTAL TRANSFERS TO $ 890,965
270 TRANSFER FROM:
271 2-054 Cfty Gateway Project $ 450,000
272 2-067 Resort Streetscape Demonstration Project 350,000
273 3-962 Resort Area Demonstration Project 90,965
274 TOTAL TRANSFERS FROM $ 890,965
275 BUILDING PROJECTS:
276 TRANSFER TO:
277 3-992 Pendleton Child Service Center Relocation $ 5,801
278 TOTAL TRANSFERS TO $ 5,801
279 BUILDING PROJEM: (concluded)
280 TRANSFER FROM:
281 3-973 Percent for Arts Program $ 5,801
282 TOTAL TRANSFERS FROM $ 5,801
283 WATER AND SEWER UTILITY PROJECTS:
284 TRANSFER TO:
285 5-006 Dam Neck Road - Phase 11 $ 20,000
286 5-044 Independence Boulevard - Phase IIA-2 40,000
287 5-061 Northampton Boulevard - Phase 1 34,000
2B8 5-068 Comprehensive Water Study - Phase 11 160,000
289 5-M Small Line Improvements - Phase 11 533,000
290 5-070 Various Highway Projects - Phase 11 124,000
291 5-071 Water Request and Agreement Projects - Phase 11 999,000
292 6-015 Infiltration, Inflow, and Rehabilftation - Phase 11 689,000
293 6-016 Pump Station Modffications - Phase 11 1,200,000
294 6-M7 Various Highway Projects - Phase 11 100,000
295 6-018 Various Sewer Projects - Phase 11 651,189
296 6-944 Princess Anne Hills 965,000
297 6-948 Lynnwood/Michaelwood 535,GOO
298 6-976 Busky Lane 26,000
299 TOTAL TRANSFERS TO $ 6,076@189
300 TRANSFER FROM:
301 5-022 Great Neck Point - 51% Type $ 7,000
302 5-025 Alanton - 51% Type 250,000
303 5-029 Linkhorn Point - 51 % Type 60,000
304 5-038 North Seaboard Road Water - 51% Type 45,000
305 5-049 Woodland - 51 % Type 277,000
306 5-052 Liffle Haven - 51% Type 75,000
307 5-057 Lynndale Estates - 51% Type 74,000
308 5-306 Water Request and Agreement Projects 999,000
309 5-832 Comprehensive Water Study 160,000
310 5-833 Various Highway Projects 124,000
311 5-925 Landstown Pump Station Modffirations 125,000
312 5-939 Kempsville Suction - Phase 11 70,000
313 5-977 Kempsville Pump Station Modifications 50,000
314 5-980 Shore Drive Pump Station Modffications 100,000
315 6-316 Various Sewer Projects 651,189
316 6-605 Pump Station ModffiGations 1,200,000
317 6-815 Infiltration, Inflow and Rehabilftation r>89,000
318 6-824 Various Highways Projects 100,000
319 6-943 Linkhorn Point 200,000
320 6-964 Baxter Road 70,000
321 6-979 Bells Road/Credle Road 125,000
322 6-980 Rlwr Road 225,000
323 6-981 Shorehaven 300,000
324 6-982 Dwyer Road 50,000
325 6-984 North Seaboard Road 50,000
326 TOTAL TRANSFERS FROM $ 6@076,189
327 Section 6. That addftional appropriations and the addftion of capital projects shall not be
328 inftlated except wfth the consent and approval of the Cky Council first being obtained.
329 Section 7. That the restriction with respect to the expenditure of funds appropriated shall
330 apply only to the totals of each project class.
331 All contracts awarded for approved and appropriated capital projects, exclusive of school
332 projects, must be certified as to the availabilfty of funds by the Director of Finance prior to the initiation of
333 work on the contract.
334 Section 8. That this ordinance shall be in effect from and after the date of fts adoption.
335 Section 9. That ff any part or parts, section or sections, sentences, clauses, phrases of this
336 ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the
337 validity of the rernaining portions of this ordinance.
338 Adopted by the Council of the City of Virginia Beach, Virginia on the - day of
339 - , 1 990.
340 First Reading: November 20, 1990
341 Second Reading:
- 16 -
Item V-H.2.
CRDINANCES/PESOLUTIONS ITEM # 33722
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED upon FIRSTREADING:
Ordinance authorizing the Issuance of General
Obligation Bonds of the City of Virginia Beach,
Virginia, In the maximum amount of $32,500,000 for
various Public Facilities and General Improvements.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
None
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 GENERAL OBLIGATION BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $32,500,ooo FOR VARIOUS PUBLIC
5 FACILITIES AND GENERAL IMPROVEMENTS
6 WHEREAS, the City desires to authorize the issuance of general obligation public
7 improvement bonds for various purposes in the maximum amount of $32,500,000 without submitting the
8 question of their issuance to the qualffied voters:
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
10 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach,
1 1 Virginia (the Cfty), to construct and improve various public facilfties and general improvements, all of
12 which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth,
13 development, and general welfare of the City, and to finance the costs thereof through the borrowing of
14 $32,500,000 and issuing the City's general obligation bonds therefor.
is 2. Pursuant to the City Charter and the Public Finance Act, there are hereby authorized
16 to be issued public improvement bonds of the City in the maximum amount ot
17 $32,500,000, to provide funds, together with other funds that may be available, for following purposes:
18 School projects, including planning, design, $ 3,619,000
19 construction, renovation, expansion, equipping,
20 and furnishing of schools and related facilities.
21 Engineering and highway projects, including site 20,702,176
22 acquisition and improvements, design, planning,
23 construction, improvement, replacement, expansion,
24 and extension of streets, highways, and bridges.
25 Drainage projects, including improvements to 7,273,859
26 Salem Canal and Ocean Park area, and also inctuding
27 beach erosion and hurricane protection.
28 Building projects, including design, planning, 904,965
29 construction, improvements, renovation, expansion,
30 equipping, and furnishing of fire and rescue sta-
31 tions, library, storage and other facilities. -
32 TOTAL 500 0100
33 Any amount not needed for any of such purposes may be used for any other of such
34 purposes. The bonds may be issued as a separate issue or combined with bonds authorized for other
35 purposes and sold as part of one or more combined issues of public improvement bonds.
36 3. The bonds shall bear such date or dates, mature at such time or times not exceeding
37 40 years from their dates, bear interest at such rate or rates not to exceed the maximum rate of 12% at
38 the time the bonds are sold, be in such denominations and form, be executed in such manner and be
39 sold at such time or times and in such manner as the Council may hereafter provide by appropriate
40 resolution or resolutions.
41 4. The bonds shall be general obligations of the City for the payment of principal of and
42 interest on which fts full faith and credit shall be irrevocably pledged.
43 5. This ordinance shall be in full force and effect from its passage.
44 Adopted by the Council of the City of Virginia Beach, Virginia on the - day of
45 - , 1990.
46 First Reading: November 20, 1990
47 Second Reading:
Requires eight affirmative votes for adoption.
CITY OF VIRGINIA BEACH, VIRGINIA
SUMMARY OF PROJECTS FUNDED BY
iggo GENERAL OBLIGATION BONDS
SCHOOL PROJECTS:
1-004 Kempsville High School Modernization $ 3,310,000
1-022 Tallwood High School 309,000
Total School Projects $ 3,619,000
ROADWAY PROJECTS:
2-039 Dam Neck Road - Phase 1 $ 1,252,433
2-040 West Neck Bridge 1,353,142
2-042 Mill Dam Bridge 313,981
2-075 Rosemont Road - Phase [V 734,924
2-078 Courthouse Loop - North 1,000,000
2-080 Indian River Road - Phase V 1,440,040
2-096 Ferrell Parkway - Phase V 658,522
2-098 Princess Anne Road/Seaboard Road Intersection 195,400
2-122 Gum Swamp Bridge 148,426
2-129 Elbow Road Bridge 200,120
2-132 London Bridge Road Extended 361,563
2-135 Lynnhaven Drive 195,266
2-169 Rosemont Road Widening 63,200
2-810 Centerville Turnpike - Phase IA 594,815
2-816 Traffic Safety Improvements 737,080
2-831 Independence Boulevard - Phase Ill 4,369,039
2-833 First Colonial Road - Phase Ill 636,963
2-929 Virginia Beach Boulevard - Phase Ill 743,330
2-936 Ferrell Parkway - Phase IB 2,t58,870
2-987 Independence Boulevard - Phase IV 3,545,062
Total Roadway Projects $ 20,702,176
STORMWATER PR TS:
2-014 Lynnhaven Inlet Maintenance Dredging $ 100,000
2-1 1 0 Southall Quaner Drainage 31,139
2-113 NPDES Stormwater System Permft Application 4,248
2-114 Princess Anne Plaza Drainage - Phase 11 853,671
2-115 Rosemont Road - Windsor Woods Drainage 869,598
2-116 Salem Road Culvert Improvements 114,700
2-117 Wolfsnare Dftch Improvements 306,802
2-704 Beach Erosion Control and Hurricane Protection (Partial) 703,703
2-800 Lynnhaven Colony Drainage 75,770
2-815 Stumpy Lake Hydraulic Study and Drainage Improvements 17,000
2-817 Chesapeake Beach Drainage - Phase 1 49,525
2-819 Ocean Park Storm Drainage - Phase 11 1,5321,121
2-823 Salem Canal Improvements 1,263,204
2-830 Rudee Inlet Dredging 205,500
2-960 Oceana Gardens West Drainage 767.878
Total Stormwater Projects 7 27 859
BUILDING PROJEQU:
3-007 Pesticide Storage Facilfty $ 129,529
3-NO Beach Borough Service Center 60,871
3-304 Princess Anne Library 113,171
3-910 Kempsville Public Safety and Library Services Expansion 89,347
3-954 Fire Station - Diamond Springs 238,068
3-968 Fire/Rescue Station - General Booth 178,387
3-980 Farmers' Market Parking Lot Expansion 30,500
3-986 Municipal Center Renovation - Programming 65 092
Total Building Projects $ 904,965
TOTAL 1990 GENERAL OBLIGATION BONDS $ 32,500,000
- 17 -
Item V-H.3.
CRDINANCES/RESOLUTIONS ITEM # 33723
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED upon FIRSTREADING:
Ordinance authorizing the issuance of Water and
Sewer System Revenue Bonds of the City of Virginia
Beach, Virginia, In the maximum amount of
$14,560,000.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 WATER AND SEWER SYSTEM REVENUE BONDS OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA, IN THE
4 MAXIMUM AMOUNT OF $14,560,000
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach,
7 Virginia (the Cfty), to continue fts program of improving and extending its water and sewer system (the
8 System) which will promote the public welfare of the City and ks inhabitants and will facilitate the ordedy
9 grovah, development, and general welfare of the City, and to finance the costs thereof through the
10 borrowing of $14,560,000 and issuing the City's revenue bonds therefor.
1 1 2. Pursuant to the City Chaner and the Public Finance Act, there are hereby authorized
12 to be Issued water and sewer system revenue bonds of the City in the maximum amount of $14,560,000
13 to provide funds, together with other available funds, for financing the costs of improvements to the
14 system.
15 3. The bonds shall bear such date or dates, mature at such tirne or times not exceeding
16 40 years from their dates, bear interest at such rate or rates not to exceed 15% per year, be in such
1 7 denominations and form, be executed in such manner and be sold at such time or times and in such
18 manner as the Council may hereafter provide by appropriate resolution or resolutions.
19 4. The system is an undertaking from which the City may derive a revenue. The bonds
20 shall be limited obligations of the City, payable as to principal, premium, if any, and interest solely from
21 the revenues derived by the Cky from the System, and shall not be included within the otherwise
22 authorized indebtedness of the Cfty. The bonds shall not be deemed to create or constitute an
23 indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county,
24 city, town, or other polftical subdivision of the Commonwealth, including the City, and shall so state on
25 their face. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements
26 to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not
27 directly, indirectly, or contingently obligate the Commonwealth, the City, or any other poiftical subdivision
28 of the Commonwp-alth to levy and collect any taxes whatsoever or make any appropriation therefor,
29 except from the revenues pledged to the payment of the principal of and premium, if any, and interest
30 on the bonds.
31 5. Such resolutions to be adopted and agreements to be entered into hereafter
32 authorizing the issuance of the bonds and providing the details thereof shall contain appropriate
33 covenants requiring the Cky to fix, charge, and collect such rates, fees, and other charges for the use of
34 and the services furnished by the System and to revise the same from time to time and as often as shall
35 be necessary so as to produce sufficient net revenues to pay principal of and premium, ff any, and
36 interest on the bonds as the same become due and to provide a margin of safety therefor. Such
37 resolutions and agreements shall also include such additional covenants, agreements, and other terms
38 as are customary for the protection of the holders of water and sewer revenue obligations.
39 6, This ordinance shall be in full force and effect from its passage.
40 Adopted by the Council of the Cfty of Virginia Beach, Virginia on the _ day of
41 1 1990.
42 First Reading: November 20 1990
43 Second Reading:
CITY OF VIRGINIA BEACH, VIRGINIA
SUMMARY OF PROJECTS FUNDED BY
1991 WATER AND SEWER SYSTEM REVENUE BONDS
WATER PROJECTS:
5-001 Virginia Beach Boulevard - Phase Ill $ 272,000
5-039 Broad Bay Colony - 51% Type 20,000
5-045 Independence Boulevard - Phase Ill 20,000
5-048 Lynnwood/Michaelwood - 51% Type 1,030,000
5-073 Indian River Road - Phase V 260,000
@74 Richard Road 50,000
5-075 Gunn Hall Drive 110,000
5-076 Kempsville Road 200,000
5-077 Ocean Park Water Line Extensions 90,000
5-079 Rosemont Road - Phase IV 170,000
5-080 Lakeville Estates - 51% Type 825,000
5-081 Sherry Park - 51 % Type 760,000
5-835 Lynnhaven Pump Station Modffications 192,361
5-921 London Bridge Road - Phase 1 204,000
5-938 Kempsville Suction - Phase I 100,000
5-953 Great Neck Road - Phase 11 55,OC)O
5-966 Atlantic Avenue Improvements 500,000
Total Water Projects $ 4,858,361
SEWER PROJECTS:
6-003 Landstown Road $ 330,000
6-004 Landstown Municipal Property 245,000
6-011 Woodland 560,000
6-W2 South Plaza Trail Bridge 70,000
6-015 Infiltration, Inflow, and Rehabilftation - Phase 11 300,000
6-016 Pump Station Modffications - Phase 11 300,000
6-018 Various Sewer Projects - Phase Ii 450,000
6-019 Wftchduck Road 112,939
6-925 Atlantic Avenue Improvements 700,000
6-928 Cavalier Park/North Linkhorn Park 386,000
6-934 Bay Colony 2,065,000
6-935 Broad Bay Colony 1,000,700
6-937 Aragona Rehabilitation 200,000
6-940 Tanglewood 25.000
6-941 Laure4 Manor/Dogwood Acres 265,000
6-944 Princess Anne Hills 400,000
6-948 Lynnwood/Michaelwood 1,600,000
6-962 Timbedake Force Main 240,000
6-976 Busky Lane 257,000
6-990 Holland Utilfties 170,000
6-995 Lakeville Estates 25,000
Total Sewer Projects $ 9,701,639
TOTAL 1991 WATER AND SEWER SYSTEM REVENUE BONDS $ 14,560,000
Item V-H.4.
CRDINANCES/RESOLUTIONS ITEM # 33724
Upon motion by Councilman Clyburn, seconded by Councilman Jones, City Council
APPROVED upon FIRST READING:
Ordinance authorizing the Issuance of General
Obligation Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $8,000,000 for
Road, Highway and Bridge purposes.
Voting: 9-2
Council Members Voting Aye:
John A. Saum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
None
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
I E CITY OF
2 GENERAL OBLIGATION BONDS OF TH
VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
3 IGHWAY,
4 AMOUNT OF s8,o6o,ooo FOR ROAD, H
5 AND BRIDGE PURPOSES
6 WHEREAS, the City of Virginia Beach, Virginia, may issue up to $8,000,000 of general
7 obligation bonds in any calendar year for road, highway, or bridge purposes without submitting the question
8 of their issuance to the qualified voters prov!dld that the City has met the requirements of Section 6.05:2 of
9 the City Charter;
10 WHEREAS, the City desires to authorize the issuance of general obligation public
1 1 improvement bonds for road, highway, and bridge purposes in the maximum amount of $8,000,000 without
12 submitting the question of their issuance to the qualified voters;
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 1. It is hereby determined to be necessary and expedient for the City to undertake a
16 program of road, highway, and bridge improvements, all of which will promote the public wdfare of the Cfty
i7 and its inhabitants and will facilftate the ordedy growth, development, and general welfare of the City, and to
18 finance the costs thereof through the borrowing of $8,000,000 and issuing the City's gerveral obligation
19 bonds therefor.
20 2. Pursuant to the City Charter, including Section 6.05:2, and the Pubiic Finance Act, there
21 are hereby authorized to be issued general obligation bonds of ihe City in the maximum amount Of
22 $8,000,000 to provide funds, together with other funds that may be available, to undertake a program of
23 road, highway, and bridge improvements. The bonds may be issued as a separate issue or combined with
24 bonds authorized for other purposes and sold as a part of a combined issue (I public improvement bonds.
25 3. The bonds shall bear such date or dates, niature at such time or tirnes not exceeding 40
26 years from their dates, bear interest at such rate or rates not to exceed 12% at the time the bonds are sold,
27 be in such denominations and form, be executed in such manner and be sold at such time or times and in
28 such manner as the Council may hereafter provide by appropriate resolution or resolutions.
29 4. The bonds shall be general obligations of the City for the payment of principal and
30 interest on which fts full faith and credit shall be irrevogably pledged.
31 5. This ordinance shall be in full force and effect from its passage.
32 Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of
33 1 1990.
34 First Reading: No@..b@@ 20 1990
35 Second Reading:
- 19 -
Item V-H.5.
CRD I NANCES/RESOLLrr IONS ITEM # 33725
Upon motion by CouncII man Cl yburn, seconded by Counc II man Jones, Cl ty CouncII
APPROVED up(>n FIRST READING:
Ordinance to AMEND and RECRDAIN Section 35-137 of
the Code of the City of Vlrginia Beach, Virginia,
re tax levy on restaurant meals.
Voting; 9-2
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louls R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndorf, and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr. and Nancy K. Parker
Council Members Absent:
None
I AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 35-137 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA PERTAINING TO THE TAX
4 LEVY ON RESTAURANT MEALS
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT
6 SECTION 35-137 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IS HEREBY AMENDED AND
7 REORDAINED AS FOLLOWS:
8 Section 35-137 - Leviedo amount.
9 There is hereby levied and imposed on each person a tax equivalent to four and one-half
10 (4.5) percent of the total amount paid for food, in or from any restaurant, whether prepared in such
I 1 restaurant or not and whether consumed on the premises or not. The tax shall be computed at a straight
12 four and one-half (4.5) percent, any fraction of one-half or more being treated as one cent.
13 This tax rate, effective January 1, 1989, shall remain in effect until 13eeefnber al, 1996 June
14 30, 2005 at which time R shall be reduced by one-half (0.5) percent.
15 This ordinance shall be effective on January 1, 1991.
16 Adopted by the Council of the City of Virginia Beach, Virginia on the - day of
1 7 , 1 990.
1 8 First Reading: November 20, 1990
19 Second Reading:
- 20 -
Item V-H.6.
CRDINANCES/RESOLUTIONS ITEM # 33726
Upon motlon by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council APPROVED upon FIRST READING:
Ordinance to AMEND and RECRDAIN Section 35-159 of
the Code of the City of Virginia Beach, Virginia,
re tax levy on hotel/motel lodging.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Wi I I lam D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
AN ORDINANCE TO AMEND AND REORDAIN
I CITY OF
2 SECTION 35-159 OF THE CODE OF THE
3 VIRGINIA BEACH, VIRGINIA PERTAINING TO THE TAX
4 LEVY ON HOTEL/MOTEL LODGING
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT
6 SECTION 35-159 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IS HEREBY AMENDED AND
7 REORDAINED AS FOLLOWS:
8 Section 35-159 - Lev'le& amount-
9 There is hereby levied and imposed On each transient a tax equivalent to four and one-half
10 (4.5) percent of the total amount paid for lodging, by or for any such transient, to any hotel.
1 1 This tax rate, effective January 1, 1989, shall remain in effect until June
12 20 at which time k shall be reduced by one-half (O 5) percent.
13 This ordinance shall be effective on January 1, 1991.
1 4 Adopted by the Council of the City of Virginia Beach, Virginia on the _- day of
1 5 . 1990.
1 6 First Reading: November 20, 1990
17 Second Reading:
- 21 -
I tem V-H. 7.
CRDINANCES/RESOLUTIONS ITEM # 33727
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED upon FIRSTREADING:
Ordinance to AMEND and RECRDAIN Section 21-75 of
the Code of the City of Virginia Beach, Virginia,
re local vehicle license tax Imposition.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne and
William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McCianan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-75 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA PERTAINING TO
4 LOCAL VEHICLE LICENSE TAX IMPOSITION
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT
6 SECTION 21-75 OF THE CODE OF THE CITY OF VIRIGNIA BEACH, VIRGINIA IS HEREBY AMENDED AND
7 REORDAINED AS FOLLOWS:
8
9 (a) There is hereby imposed an annual license tax, f,, ea,h license year as established by
10 this article, on motor vehicles, trailers and semitrailers, regularly kept in the city and used upon public
1 1 roadways of the city, the amount of which shall be as set forth in the following subsections of this section.
12 (b) The license tax on a motor vehicle, designed and used for the transponation of
13 passengers, which is self-propelled or designed for self-propulsion, shall be, except as otherwise specif!(-ally
14 provided in this section, imposed in accordance with the following schedule:
15 (1) Motor vehicles weighing four thousand (4,000) pounds or less - T-wen@V t -F,\Le
16 dollars ($20.E)a @.oo ;
17 (2) Motor vehicles weighing more than four thousand (4,000) pounds -
18 dollars ($25.OE) $30.00.), and
19 (3) Motorcycle - dollars (645.00 @.oo .
20 (c) The license tax on a one- or two-wheel trailer of a cradle, flat bed or open pickup type
21 which has a body width not greater than the width of the motor vehicle to which it is attached at ariy time of
22 operation, which is pulled or towed by a passenger car or station wagon, or a pickup or panel truck having
23 an actual gross weight not exceed five thousand (5,000) pounds and used for ca@ing property not
24 exceeding one thousand five hundred (1,500) pounds at any one time, and for a[O trailers designed
25 exclusively to transpon boats or horses, Shall be @ seven dollars and fifty cents ( @@50 . Not-
26 withstanding the above provision, the license tax for each trailer or semitrailer designed for use as living
27 quarters for human beings shall be twenty -five dollars ($20.00 @.00 .
28 (d) There is hereby imposed a license tax, to be paid by the owner, upon each motor vehicle
29 not designed eFi use and used for the transportation of passengers, whether operated under lease or not.
30 The amount of license tax shall be determined by the gross weight of the vehicle or combination of vehicles
31 or which R is a part, when loaded to the maximum capacity for which it is registered and licensed by the
32 state, according to the following schedule:
33 Pounds F" Fee
34 4,000 or less ....................... $ 20.00 $24.00
35 4,001 - 16,000 ....................... 25.E)O 29.00
36 16,001 - 17,GOO ....................... 25-86 3TO.80
37 17,001 - 18,000 ....................... 27.io 32..10
38 18,001 - 19,000 ....................... 28.49 33.40
39 19,001 - 20,000 ....................... 29.7.0 34.70
40 20,001 - 21,000 ....................... ai.60 36 00
41 21,001 - 22,000 ....................... 82.30 37.30
42 22,001 - 23,000 ....................... 08.6E) 38 60
43 23,001 - 24,000 ....................... 34.99 39..90
44 24,001 - 25,000 ....................... 86.2E) 41.20
45 25,001 - 26,000 ....................... 87.50 @2... r.n.
46 26,001 - 27,000 ....................... 88.80 43.80
47 27,001 - 28,000 ....................... 40.19 45 10
48 28,001 - 29,000 ....................... 41.4E) 46.40
49 29,001 - 30,000 ....................... 42.70 47.70
50 30,001 - 31,000 ...... ..........
51 31,001 - 32,000 44.OE) 49.00
................
... 45.30 50.30
52 32,001 - 33,000 ............... ....... 'O
46.6E) 51
53 33,001 - 34,000 ............. .. 50
54 34,001 - 35,000 ............ ....... 47.90
55 35,001 - 36,000 ........ . ........... 49.26 54.20
. ............. 50.SE) 55.50
56 36,001 - 37,000 ....................... si.80 56 80
57 37,001 - 38,000 ....................... 53.io 58-10
58 38,001 - 39,000 ..................... . 54.40 59.40
59 39,001 - 40,000 ....................... 55.70 60.70
60 40,001 - 41,000 ....................... s;,.oo 62.00
61 41,001 - 42,000 ................ ...... 58.30 63.30
62 42,001 - 43,000 ....................... 59.SE) 64.60
63 4,3,001 - 44,000 .....................
64 44,001 - 45,000 ....... .. GE). 90 65 90
................ 62.20 67.20
65 45,001 - 46,000 ...................... 63.5E) 68 50
66 46,001 - 47,000 ....................... 64.80 69.80
67 47.001 - 48,000 ....................... 66.10 71.10
68 48,001 - 49,000 ................ ..
69 49,001 - 50,000 ........... 67.4E) 72.40
............ 68.;zE) 73.70
70 50,001 - 51,000 ....................... ;'O.OE) 75.00
7 1 51.001 - 52,000 ....................... 71.3E) 76.30
72 52,001 - 53,000 ................ ...... 72.60 77..60
73 53,001 - 54,000 ....................... 78.9E) 78.90
74 54,001 - 55,000 ....................... 75.20 80 20
75 55,001 - 56,000 ....................... 76.50 81 .50
76 56,001 - 56,800 ................
77 56,801 and over ........... i,7.80 32..80
............ BO.OE) B5.00
78 (e) In the case of a combination of a truck or tractor ti-Uck a,d a tra ler or semitrailer, each
79 vehicle constituting a part of such combination shall be registered as a separate vehicle, and a separate
80 vehicle license tax shall be imposed thereon, but, for the purpose of determining tlie gross weight group into
81 which any such vehicle falls pursuant to subsection (d) of this section, the combination of vehicles of which
82 such vehicle constitutes a part shall be considered a unit, and the aggregate gross weight of the entire
83 combination @ll determine such gross weight group. The tax for the local license plate for a trailer or
84 semitrailer constftuting a part of such combination shall be seventeen elahteen doliars ($17.00 $18.00).
85 Provided, however, ff such trailer or semitrailer exceeds a gross weight of four thousand (4,000) pounds,
86 such tax shall be -seven dollars ($22-OE) $27.00). In cietermining the tax to be paid for the
87 local license plate for a truck or tractor truck constituting a part of such combinatior,@ the tax shall be
88 assessed on the total gross weight of the combination when loaded to the maximuni capacity for, which it is
89 registered and licensed. However, there shall be no deduction from ttiis tax for the license tax of the trailer
90 or semitrailer in the combination.
91 This ordinance shall be effective for plates or decals sold for the license year that begins
92 January 1, 1992 and thereafter.
93 AdoptL-d by the Council of the City of Virginia Beach, Virginia on the _ day ot
94 1 990.
95 First Reading: November 20, 1990
96 Second Reading:
- 22 -
Item V-H.B.
CRDINANCES/RESOLUTIONS ITEM # 33728
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council ADOPTED:
Resolution rescinding those resolutions for the
issuance of General Obligation Bonds adopted by
City Council on December 12, 1988, and November 20,
1989, respectively, each in the amount of
$8,000,000 for roads, highways and bridges.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Votlng Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
None
I A RESOLUTION TO RESCIND PREVIOUS RESOLUTIONS IN CONNECTION
2 WITH THE AUTHORIZATION OF THE ISSUANCE OF GENERAL OBLIGATION
3 BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $8,ooo,ooo FOR ROAD, HIGHWAY AND BRIDGE PURPOSES
5 WHEREAS, on December 12, 1988 Council adopted a resollftion entitled 'A Resolution in
6 Connection wfth the Authorization of the Issuance of General Obligation Bonds of the Cfty of Virginia Beach,
7 Virginia, in the Maximum Amount of $8,000,000 for Road, Highway and Bridge Purposes' wfth the condftion
8 that such bonds shall not be issued until the Council has adopted an increase in the rate of the real property
9 tax or other revenue which would generate revenues in an amount not less than the average annual debt
10 service on the bonds, and until such time as the Council has developed and approved a Transfer of
I 1 Development Rights Plan and such other mechanisms for growth management for that portion of the City
12 below the Green Line;
13 WHEREAS, on November 20, 1989 Council adopted a resolution entitied 'A Resolution iii
14 Connection wfth the Authorization of the Issuance of General Obligation Bonds of 'he City of Vivginia Beach,
15 Virginia, in the Maximum Amount of $8,000,000 for 1989 for Road, Highway and Bt-idge Purposes" with the
16 condftion that such bonds shall not be issued until the Council has addpted an increase in the rate of the
17 real property tax or other revenue which would generate revenues in an amount not less than the average
18 annual debt service on the bonds, and until such time as the Council tias developed and approved a
19 Transfer of Development Rights Plan and such other mechanisms for growth management for that portion of
20 the Cfty below the Green line;
21 WHEREAS, the interests of the Cfty will be best served ff the above resolutions are
22 rescinded to allow the issuance of the road bonds for capital construction.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
24 BEACH, VIRGINIA:
25 That the resolutions in connection wfth the authorization of the issuance of general
26 obligation bonds of the Cky of Virginia Beach, Virginia, in the maximuin amount of $8,000,000 for 1988
27 approved by Council on December 12, 1988, and $8,000,000 for 1989 approved b@i Council on November 20,
28 1989 for road, highway and bridge purposes are hereby rescinded.
29 Adopted by the Council of the City of Virginia Beach, Virginia on the
30 20 day of November , 1 9w.
- 23 -
Item V-H. 9.
CRDfNANCES/RESOLUTIONS ITEM # 33729
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution directlng the City Manager to submit to
City Councll a Quarterly Financial Analysis for all
capital projects with a total cost in excess of
$250,000, which are expected to be ready to bid for
construction (or where amount includes extensive
right-of-way acquisition costs).
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lantelgne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
This Resolution was brought forward as the first item prior to the vote to
APPROVE upon FIRST READING the Ordinance to adopt FY 1990-91/FY 1994-94 Capital
Improvement Program.
I A RESOLUTION DIRECTING THE CITY MANAGER TO SUBMIT TO CITY COUNCIL
2 A QUARTERLY FINANCIAL ANALYSIS FOR CERTAIN CAPITAL PROJECTS
3 WHEREAS, Cfty Council has an Interest in ensuring the financial viability of the Capital
4 Improvement Program during the execution phase;
5 WHEREAS, by submitting tO Cfty Council, a financial analysis of the resources required to
6 support the construction of capital projects, the Cfty Manager can repori on the expected availability of
7 resources and recommerid appropriate action;
8 WHEREAS, this financial analysis will be needed only on individual capital projects that have
9 a total cost in excess of $250,000 and shall not affect projects administered by the School Board;
10 WHEREAS, the following types of information may be included in said financlal analysis: the
I I trend of revenues expected to be available to support debt service; necessary bond sales e)(,pected duririg
12 the quarter; other such budgetary matters as appropriate; and recommendations on proceedii)g or such
13 delay as might be necessary to meet fiscal constraints.
14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE Cln'OF VIRGINIA
15 BEACH, VIRGINIA:
16 That the City Manager is required to submit to City Council on a quartedy basis,,, a financial
17 analysis of all projects wfth a total cost in excess of $250,000 (except projects adrriinistered by the School
18 Board) which are expected to be ready to bid for construction (or where amount iricludes extensive right-of-
19 way acquisftion costs) during the upcoming quarter.
20 Adopted by the Council of the City of Virginia Beach, Virginia on the 20 day of
21 November , 1990.
- 24 -
Item V-I. 1.
PUBLIC HEARING ITEM # 33730
Mayor Oberndorf DECLARED a PUBLIC HEARING:
EXEMPT status: VIRGINIA BEACH CHRISTIAN OUTREACH GROUP, INC.
Richard H. Powell, 209 53rd Street, Phone: 491-2846, represented the Virginia
Beach Christian Outreach Group
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
- 25 -
Item V-J.l.
PUBLIC HEARING ITEM # 33731
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Resolution supporting legislation re real and
personal property owned by Virginia Beach Christian
Outreach Group, Inc. being exempt from state and
local taxation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
1 A RESOLUTION SUPPORTING LEGISLATION
2 WHICH WILL DESIGNATE REAL AND
3 PERSONAL PROPERTY OWNED BY VIRGINIA
4 BEACH CHRISTIAN OUTREACH GROUP, INC.
5 AS BEING EXEMPT FROM STATE AND LOCAL
6 TAXATION
7 WHEREAS, property located in the City of Virginia Beach
8 and owned by Virginia Beach Christian Outreach Group, Inc. is
9 currently administratively exempted by the Real Estate Assessor
10 from taxation on its real property but is currently subject to ad
11 valorem taxation on its personal property; and
12 WHEREAS, Virginia Beach Christian Outreach Group, Inc.,
13 has requested the Council of the City of Virginia Beach to adopt
14 a resolution in support of its request that the General Assembly
15 act in accordance with Article X, SS6(a)(6) of the Constitution of
16 virginia to designate the real and personal property of virginia
17 Beach Christian Outreach Group, Inc. as being exempt from state
18 and local taxation; and
19 WHEREAS, pursuant to SS30-19.04 of the Code of Virginia,
20 the Council of the City of Virginia Beach has held a public
21 hearing prior to the adoption of this resolution and has given all
22 citizens an opportunity to be heard; and
23 WHEREAS, the Council of the City of Virginia Beach has
24 examined and considered the provisions of subsection (B) of SS30-
25 19.04 of the Code of Virginia; and
26 WHEREAS, the Council of the City of Virginia Beach is of
27 the opinion that Virginia Beach Christian outreach Group, Inc.,
28 should be designated as a benevolent organization within the
29 context of SS6(a)(6) of Article X of the Constitution of virginia,
30 and that real and personal property located in the City of
31 Virginia Beach and owned by Virginia Beach Christian Outreach
32 Group, Inc., and used by it exclusively for benevolent purposes on
33 a nonprofit basis should be exempt from state and local taxation;
34 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
35 VIRGINIA BEACH:
36 That the Council of the City of Virginia Beach supports
37 the enactment of legislation involving the designation of virginia
38 Beach Christian Outreach Group, Inc., as a benevolent organization
39 within the context of SS6(a) (6) of Article X of the Constitution of
40 Virginia, and that real and personal property owned by Virginia
41 Beach Outreach Group, Inc. , which is located within the City of
42 Virginia Beach and used exclusively for benevolent purposes on a
43 nonprofit basis, be declared exempt from state and local taxation.
44 Adopted by the Council of the City of Virginia Beach
45 this 20 day of November 1990.
46 CA-3983
47 Noncode\VBCOG.res
48 R-3
2
SS 30-19,04 CENEITAL ASSEMBLY SS 30-19-04
1940, p. 363@ 1952, c. 234; 1960, c. 147; 1973, cr. 242, 322; 1984, c. 703; 1987,
192.)
The 1987 ....d.@.t
'et' -@sli-11 -1@Y" p,n@di.g til@"t b@ @-t-nd@d until thity
(ii) f the l@hi,,
@... @il, @l d.,, S.@h
1-h@tit@t,d "th,@@ d.v@l" f-@ ... Ot --@@d 7 U.S.C.
SS 202,'I(.)'@ li.it.ti.. p@,i@d -i-@. the
d..@@" in ti@, p,@,i,@ t th@ @,@d f th. ibl@ 30-d@3, p@,i.d f-' fili-9 p@.@id.d by 7
f-Ilt s@.t.n,@, .@d t),@ @e,..d U.S@c. SS 202,3(.) t'-mps 1-3' l.nger p@ri.d
t-n@-, @hi@h F.,@,r]y @.d "The p@,i.d @e- tl,,t
q.ir.d by a.3- st.tut@ , ,fl, f@ ti@il @@lti-- -.y pr@,id,. Sh..Ide,.
' th@ f-@li@g -f U,,it@d D,p't f Agr 8 8
.ny ple.di-g ., th@ P-1f.,ma,,@e of ..y .@t Ci,, 1989), 7 F.2d 141 (4th
SS 30-19-04. Legislative designation of associations, orffanizationr,,
etc., -e-pt from taxation; resolution of local governin-g body re.
quired. - A. 'A'hen ani, legislati.. invo]ving the designation of property to
bE! exernpted frOM taxjtioll pursuant to Article X, Section 6 (a) (6) of the
ConstitutiOn Of Virginia is referred to a comrnittee of the General Assernbly,
the chairman of the committee shall require, prior to consideration bY t@e
cOinmittee Of tiie legislation, a res()Iutio, ,dopted, in accordance with the
requirements of Subsection
town wherein such Plor)et, P, by the governing body of the county city 0, i
exemptio - .3. is situated suppor-ting 0
n or evidence that a folmal and time]3, reqt such
governing body of such county, cit 0, t,) , , the
y I f r the a
and thereof has failed to act on
refu reso)Ution. i
B. uired by subsection A shall be adopted only after
hold with.respect thereto, at -hich citize@s shall have an
OPPC The local governing body shall publish notice f th,
hearin
,A,here era] circulation in the county, cit3, or t,,,
at leas The pu
govern is publ
requesi of ]
the go, . B(
1. w consider the fo
of the ion is exempt rn taxation pursu@
2. ode of 1954;
er a current annual a]C()holicIbeverage license for serving
alcoholic everages has been issued by the A coholic Beverage Control Board
to such ization, for use on such property;
3. Wh, any director or ofricer of the @reanization is paid cornpensation
in exces@ reasonable allowance for sa@ries or other compensation for
personal services whicb such director or officer actually renders;
4. Wb@ther any part of tlie net earnings of such organization inures to the
benefit ot an3' ipdividual, and whether any significant portiori of the service
providea oy sucti org@ riization is generated by funds received from donations,
contributions or loca , state or federal gra@ts. As used in this subsection,
donations.shall inclu( e the Rroviding of personal services or the contribution
of in kind or other i iaterial services;
5. Wbetber the org inizatiori provides ser-vices for the common good of the
public;
6. Whether a substantial I)art of the activities of the organization involves
carrying @@ propaganda, or otherwise atternr)ting to itifluence legislation and
whether Lne organizatiozi participates in, -or intervenes in, any political
campaign on behalf of any candidate for public oflice;
162
SS 30-19.05 GENERAL ASSEMBLY AND OFFICERS THEREOF SS 30-19.05
7. No rule, regulation, policy, or practice of the organization discriminates
on the basis of relig-ious conviction, race, color, sex or national origin; and
8. Any other criteria, facts and circumstances which the governing body
deems pertinent to the adoption of such resolution.
C. Any resolution adopted Pursuant to this section shall state therein that
the provisions of subsecti-on B-have been examined and considered by the local
governing body. If the county, city or town supports exemption, the resolution
@hall also include a recommendation to the General Ass-embly for a specific
classification (religious, charitable, patriotic, historical, benevolent, cu-Itural
or public park and playground).
D. The enactment of any statute exempting an organization from taxation
by designation as provided herein shall be conclusive proof that the provisions
of this section have been satisfied. (1980, c. 327; 1987, c. 338; 198-8, C. 257.)
The 1987 a.endm..t sub.titut.d "Arti@le Th. 1988 a-..d.e.t add.d tbe ec.nd
X, Section 6 (a) (6) of the Con.tituti.. of thrdugh f..th ... te.@e. i. the int,.d.@tory
Vi@gi.i." fo, "Article X, SS 6 (a) (6)" e@ th. I..guage f ..bs.ctio. B.
b,egi.ning f sub.e@ti.. A a.d dd.d the
se@..d ente.@. of ub..cti.. C.
SS 30-19.05. Legislative consideration of exemptions from the retail
sales and use tax. - A. When any legislation involving an exemption or
exclusion from the retail sales and use tax pursuant to Chapter 6 (SS 58.1-600
et seq.) of Title 58.1 is referred to a committee of the General Assembly, the
chairrnan of the committee shall require that the patron, prior to the
consideration of the legislation by the committee, submit the following
information:
1. Estimate of state and local revenues which will be foregone as a direct
result of the exemption;
2. Beneficiaries of the exemption;
3. Direct or indirect local, state or federal government assistance received
by the person seeking exemption;
4. The extent to which the person, property, service or industry is exempt
from the retail sales and use tax in other states;
5. Any external statutory, constitutional or judicial mandates in favor of
the exemption;
6.Other state taxes to which the person, property, service or industry is
subject;
7. Similar taxpayers who are not entitled to a retail sales and use tax
exemption; and
8. Other criteria, facts or circumstances which may be relevant to the
request for exemption.
B. Nothing coritained in subsection A shall prevent the enactment of an
exemption without receipt of the recluired information when the legislation is
specifically requested by the Govern@r, or is otherwise considered to be of such
a nature that the chairman of the committee determines that the inforination
is not required.
C. The Secretary of Finance shall investigate and analyze the fiscal,
economic and policy impact of each exemption category set out in SS 58.1-608
of this Code. The Secretary shall report the findings to the House and Senate
Finance Committees each year by December 1, and shall report on two
exemption categories each year and every five years thereafter, beginning
with the 1990 Session of the General Assembly according to the following
schedule:
Category Year
1. Government and Commodities 1990
163
P. 0. Box 931
Virginia bewh, Virginia 23451
I
04@
"Operated by V. B. C. 0. G. for aU the homeless . . . ...
"As you cUd it to the least Of for the h ry
these my brethre., you did it the afflic.7
ureto me. Mati. 25:40 in the dark"ess. . . .
i.i.h 48. 1 0
Richard H. PowtU,
President I.,T,
L. Renshow Forder,
Vice President
Amine Tayloe,
Secretdry
J I
je@ E. Pelkey,
Tre,uurer
ADVISORY BOARD:
8.1b.t. H. A.@"P f
Rob.rt H. C.111., J,.
P. Th... C..imil
N ... Y C.-h
W. Sh.oh.ld D..ry. J,.
Wills.. C. Eav.. ii(:! V:il f :i. i-i:i. @.A
P..l J. F.,.Il
iR,,4
P..Iha. F.111.1
Ell, A. H.ur
j. e.n..
F..k A. j.9"r
way- J...
Willis. P. K.Ii.. fyi i.., 1:@ i [,,i :i f:: t@i i il:l i:: i@,t i 1, i I i ii) :i. C) I
D.Ild MCCI..k.y
A.f.@ A. Pano.s
E. E. -'B.ddy" R.01.8- S:i. i),:::
Judith R.Y.1
mi.h..l C. S.-Id..
D.. W.1k.1
S.u. WhithUMt
SEP 191990
CITY @@,@kNACL@
CITY OF V;:ZGINIA BEACH
MEMBER CHURCHES OF VIRGINIA BEACH CHRISTIAN OUTREACH GROUP:
.Mmm -@L.C. -mo. sm @....c ... g. @m @L, W.Two,
ML., F..$' -"la 01 V-R-,---
E.-ILIF T L.@Lt ... *. ."-L.. L.-- ..ID.1 -.1.
.ICM@ GRF*K OAT.-.X. ST. W..L.. -.It. ."..D'., ...C. -U..- BU@ MIT.0 'ou". 0.0w.
ORGANIZATION C
By: Name
Title
Date
STATE OF VIRGINIA
CITY OF VIRGINIA, to-wit:
L) being duly sworn, deposes
and says that@ she is the (title) of
the 2 (legal name of
v
ownership organization) named in the within entitled appiication;
that he has read the foregoing information sheet and knows the
contents thereof; and that the same is true to his own knowledge
except as to the matters herein stated to be alleged upon
information and belief, and as to those matters he believes it to
be true.
Su-b-sc-ribed and sworn to before me this 19 day of
19
No Pb@l@ct
APPLICATION TO CITY OF VIRGINIA BEACH FOR
EXF"TION FROM PERSONAL AND REAL PROPERTY TAXATION
Applicants- Pl@se fill out this form @d submit same to the City @ger, Mmicipal Center,
Virginia B.ach, Virginia 23456. In @y i.stanc. where additional space is needed to complete yo@
answer to a particul@ qestion, plea.. utilize a sep-ate sheet f paper -d attach it to this
application.
Formal Name of Corporation/organization:
Address: @E-F)C-t4 hitit)
Telephone Number: (gC)4@
1. Is the Organization chartered or incor@orated under the laws
of the Commonwealth of Virginia? @-e-s
2. For what purpose is the group chartered? Yv 5hel@ Y-
@d @ k
3. Describe in detail and specify the location of all real and
personal property for which exemption is bought.
/qLL- Li9til) 4 601L-O("r-S LOCftT-E-,D O/j -TU)O
k- 0 T-.S 1,Aj re t@ig P/A) 14 IL L k5O 8 -,01 0 JS
A @ -v ig
4. List the present tax assessment of each parcel of real
property for which this exemption is sought:
Parcel Parcel
Description:,.3.3,#e,e,F7EAW #l-ol)U Des cripti on
fill,
Assessed Value: Assessed Value:
Land: s 2-4,,(/Oo. Land: $ @0. POD.
Improvements: s .33 V2-2- Improvements: s 000.
Total Assessed Total Assessed
Value: Value: s 2q, go 0
5. List the present tax assessment, by tax bill, of personal
property for which the exemption is sought.
A,S 0 F- -tiA IS D YirC-. U13 CO C HA!, W or-A E-e-Eioeel a BILL
K3 'PC-R-.S6onL
CIQL@ CLlqlg @C_k/
6. For what purpose is the real property currently being used?
If there are several types of use for a single parcel,
indicate such usages by areas of the buildings and floor
locations.
U,)OME:lj li@ Ishe- I
-S " IL@
mc- m 6 LT-E cc--tj7-Etz
-DINIA)a tAnLL@OUTfZEiqCH
a. Does any other individual, association or corporation
occupy or use any part of the premises of any property
for which exemption is sought? if yes, give details.
/t) 0
b. Is any income derived from the use of any portion of
the real property by other individuals or groups,
whether considered as rent or reimbursement for
necessary exppnses for sqrvices incurred? If yes, give
all details. )00
7. With regard to personal property, state the purpose for
which the property is being used and whether income is
derived from the use of any such property by individuals,
groups or otherwise. If so, give all details.
Ih@
610,F,el9,77,94) Vc *AJO A),V
2
,B. Is the organization exempt from taxation pursuant to Section
501(c) of the Internal Revenue Code of 1954? @f so, attach
documentation.
9. Has the ABC Board issued a current annual alcohol beverage
license for the service of alcohol beverages for use on the
property from which tax exemption is here sought?
10.. is any director or officer of the agency paid compensation
in excess of a reasonable allowance 'for salaries or other
compensation'?
11- Does any part of the earnings, exclusive of salaries, of
such organization inure to the benefit of any individual?
If so, list what portion and to whom for each of the past
three years.
12. What portion of the service provided by such organization is
generated by funds received from donations, contributions,
or local, state, or federal grants? Donations shall include
the providing of personal services or the contribution of
any in-kind or other material services.
3
13. Does the organization provide services for the comm,n go,d
of the public? If so, explain in detail including in your
explanation a listing of the services provided, the cost of
the services to the recipient or method of determing cost of
the services to the re t, and any othqr details you
deem pertinent. @@19el,,eCi
14. What part, if any, of the activities of the organization
involves carrying on propaganda, or otherwise attempts to
influence legislation?
15- Has the organization ever participated in, contributed to,
or intervened in any political campaign on behalf of any
candidate for public office? If the answer is yes, please
provide any qualifying information You deem necessary. @10
16. State the organization's rule, regulation, policy, or
Practice concerning discrimination on the basis of religious
conviction, race, color, sex or natural origin.
@o @/@ 1/@ @@
17. List the name, business address and business telephone of
the President and secretary of the corperation/organization
as well as the managing officer.
lln IA)r 7OZO
Vr/
412- -7 -O//'
4
L)ig- 13EHCH 019- ZSVJ-L
lq91- 2- Y 11,6
18. In addition to the above, please provide the following
information:
(a) A copy of the organization's most recent audited
financial statement (i.e., current balance sheet and
income and expense statement for the-organization's
last fiscal period).
(b) A detailed listing of the current salaries and/or other
compensation of the officers and directors of the
organization. In addition, please specify as to each
officer or director so listed, the basis of the listed
salary or compensation (i.e., annually, per meeting,
hourly, commission, etc.).
c) List the salary ranges of each employee position
classification and list the number of full-time and
part-time employees in each such classification.
(d) Specify what percentage of gross income of the
organization was required to pay real and personal
property taxes for each of the last three years.
(e) Explain in detail why the City Council of the City of
Virginia Beach should recommend to the General Assembly
of Virginia that this organization should be exempt
from real and personal taxation in the City of Virginia
Beach. Please include in your explanation, the
services provided by the organization.
This form was prepared by -P, " 0- @@A VA - @.0
whose title with the organization is e- ciu
(Signature)
5
i@L.)[.: Sl I C)VJ
A,.
()f:: t[-ie Bc-)ai-d oF Dit-c@c-tors eare
ar)(:l
Pc)we@'ll $25.000 :knnLLail
St@.@ff: y JC) Mc-@j cE@i- $6.C)C) ht,ly. per weel@)
1). VIiC[,)G by L[ie RLzil EsLa'Le Asse,-,-,5o]- E.,]-id
p,F,j.cl j-icj
E. I-lav:Liitj E@l.i beei-i ]:)y tl-le City Real EStFktE.'
AEiseinbly'f; e>@pmptiori so tt).Rt thp.
ri-L.L:li-)g c@--,n I:)@-, 1 vet-@ic-d. VBCOG oper-ates a sheltei-
@(,r 51/2i.ngl( iii@iles;, F@ir-,gle f-efrale-S, and fainilieb with LAnd
vjitl-ic)LtL Tliei-f.-- ri(::) c@t@ie@r facility in Virginia Becch
wril.ch E,@i Iter t(:) g]-L.)LIP. We Ilso sei,ve a meal to an
@xvci,@-ag C)F 7(-) d@.1y. F'I(-csL-2 E5c@L, attachfrenl.
4
4; /.
1-
FINANCIAL STATEMENTS
VIRGINIA BEACH CHRISTIAN
OUTREACII GROUP, INC.
DECEMBER 31, 1989
I
PATRICK MICHAEL FINN, JR.
CERTIFIED PUBLIC ACCOUNTANT
P.O. BOX @
VIRGIN@ BEACH. \/IRGIN@ @50
(804) 486-5573
The Directors
Virginia Beach Christian Outreach Group, Inc.
virginia Beach, Virginia
Gentlemen:
I have examined the balance sheet of Virginia Beach Christian Outreach
Group, Inc. as of December 31, 1989, and the related statement of activity
for the year then ended. My examination was made in accordance with
generally accepted auditing standards and accordingly, included such tests
of the accounting records and such other auditing procedures as we
considered necessary in the circumstances.
In my opinion, the financial statements referred to above present fairly
the financial position of Virgiriia Beach Christian Outreach Group, Inc. at
December 31, 1989, and the results of its operations for the year the
endp(], in coriforaiity wi.th genel:ally accepted accounting principles.
Patrick M. Finn Jr.
Certified Public Accountant.
August 31,1990
249 ELON COURT - VIRGINLA BEACH. VIRGINLA Z3454
VIRGINIA BEACH CHRISTIAN OUTREACH GROUP, INC.
BALANCE SHEET
DECEMBER 31,1989
OPERATING PLANT 1989 TOTAL 1988 TOTAL
FUND FUND BOTH FUNDS BOTH FUNDS
ASSETS
Cash $ 77,780 $ -- $ 77,780 $ 70,700
Land and Renovations -- 388,572 388,572 --
Deposit on Real Estate -- 11000 --
TOTAL ASSETS $ 77,780 $ 388,572 $466,352 $ 7li7OO
Accotirits Payable $ 10,797 $ -- $ 10,797 $
CurrenL Portioti
Lorig 'I'erm Debt -- 2 9 , 7 2 5 2 9 , 7 2 5
Long Term Debt -- 276,533 276,533
TOTAL LIABILITIES $ 10,797 $ 306,258 $317,055 $
FUND BALANCES
Unrestricted $ 66,983 $ 82,314 $149,297 $ 71,700
Restricted -- --
TOTAL LIABILITIES
FUND BALANCES $ 77,780 $388,572 $466,352 $ 71,700
VIRGINIA BEACH CliRISTIAN OUTREACH GROUP, INC.
STATEIIIENT OF SUPPORT REVENUE ND EXPENSES
AND CHANGES IN FUND BALANCE
YEAR ENDED DECE@IBER 31,1989
OPF'RA'Pl NG P 11 A N'I' 1989 TO'RAL 1988 TO'RAL
FUND FUND OTH FUNDS BOTH FUNDS
REVENUE
Contributions 863 000 $111,863 $ 38,304
OTHER REVENUE
Interest 203 874 158
,rO'FAL REVENUE 066 874 $LI5,940 $ 41,462
DIRECT SUPPORT
Support-Food $ 1,882 $ -- $ 1,882 $ 2,147
Support-Rent 2,099 2,09@ 6,757
support-miscellarieous 1,219 1,219 1,811
support-Soup Kitchen 3,882 3,882 3,497
(itilities -- 2,/1,17 2,447 --
Insurance 3,733 3,733
J ri t e r e s t, 8, 9 8,
'raxes arid Licens@2s -- 6,790 6,790 --
EXPENSES
Legal and Accounting $ 693 $ -- $ 693 $ 5119
Postage and Admin- 1,976 1,976 245
Promotion 2,706 2,706 --
Telephone 687 687 449
Contributions -- -- 1,200
Miscellaneous 1,275 -- 1,275 1,738
TOTAL DIRECT SUPPORT
AND EXPENSES 419 $21,924 $38,343 383
EXCESS OF REVENUE OVER
SUPPORT AND EXPENSES $57,647 $19,950 $77,597 $23,079
FUND BALANCE BEGINNING $27,891 $43,809 $71,700 $48,621
OTHER C[IANGES IN FUND
BALANCE (18,555) 18,555 -- --
FUND BALANCE ENDING $66,983 - $82,314 $149,297 $71,700
VIRGINIA BEACH CliRISTIAN OURREACH GROUP
STAI'EMENT OF R,'UNCTIONAL EXPENSES
Year erided Deceniber 31, 1989
Wi.tii Comparative TC)tals For Year Ended Deceiiiber 31, 1988
Program Fund Managermnt 1969 1988
ser-vice Raising and General Total Total
Support -Food 1,882 1,882 2,147
Support -Rent 2.099 2,099 6,575
Support -@liscellaneous 1,219 1,219 1,811
Support -Soup Kitcben 3,882 3,882 3,497
Utilities 2,447 2,447 --
Insurance 3,733 3,73--4
Interest 8,95,1 8,954
Taxes aiid L,icenses 6,790 -- 6,790 --
l,egal and Accountitig -- 693 693 539
Postage and Admin- 890 -- 1,086 1,976 245
Promotioit -- 2,706 -- 2,706 --
Telephone -- 687 687 449
Coiitributioiis -- -- 1,200
Miscellazieous -- -- 275 1,275 1,738
Total $ 31,896 2,706 $ 3,714 38,343 18,383
See Notes to Financial Statemnts
4
VIRGINIA BEACH CHRISTIAN OU'PREACH GROUP, INC-
NOTES TO FINANCIAL STATEMENTS
DECE@IBER 31, 1989
NOTE I SUTIMARY OF SIGNIFICANT POLICIES
The financial statements of Virginia Beach Christian outreach
Group, Inc. have been prepared on the accrual basis with the
accounts of the Group maintained in accordance with principles of
fund accounting.
The group maintains support from community donations. These
donations are assigned to the operating or building fund based upon
need in the fund, except when donations are assigned to be used in
a specfic fund.
The Group was formed to.provide shelter and food to the homeless
and needy. As such, it has applied for status as a nonprofit
organization, as contemplated by Section 501 (c) (3) of the
lnterrial Revenue Code.
Note 2
Virginia Housing Development Authority, payable
in monythly installments of $1,243 commencing
June 1, 1989, interest at 8.51,1, concluding
May 2019, secured by substantially all property
and equipment. $ 160,998
The Common@.iealth of Virginia has given a loan
(grant) of $125,000. The loan will be forgiven,
as a grant, annually, in the amount of $ 25,000. $ 125,000
Held by the sellers of 1053 Virginia Beach Boulevard,
in two notes, with a face value of $ 12,500 each,
interest free (present value at 8.5%), payable
annually in the amount of $ 2500. 0,260
306 , 2 58
Less current portion 29,725
Long term portion $ 276,533
Not, 2 - Long Ternl Debt(coiitinued)
Annual maturities of long ter, debt for the succeeding years ar@ @s
follows:
1990 $ 29,725
1991 29,898
199 2 30,321
1993 30.987
1994 31,418
,rhereaftL,r 53,909
$306,258
Total interest charges incurred during th@ year, for both short
a,d long term debt were $ 8,954.
990 Ilelurii of Orgaiiizatioii Exeiiil)t Froiii Iiicoiiie Ta
x OI,IB 14, 1515 (1017
Under section 501(c) (except black lutig benefit trust or private foundatioll)
of tlie Internal Revenue Code or section 4947(a)(1) trust
t...... @t @l ll,,@ (See separate Instructions.)
I? . ......... .Note: You niay be requiied to use a copy al tilis In satisfy slate lepoili.g iequiiemenls, See insliuction E. 8 9
F@r tlle c,,Ie,@da, y@.r 1989, r fiscal year b@gi .... i,,g 1 9 89. ,,@d e,, di.,g 1 9
I),, IIIS ..... .. Ai.pi.y@r id@niiii"tlon n..nb@r ti,,.,
0
0St.l. un@ber (,ce i.@si,@.,t....
.P: lyp@ City
C11
. . . . . . . . . . . .
D Cl@@ck typ, .1 u.d@r ectio., P- 50 l(c) E El I asi@ L;3@c,ual
OR 1- L) sec
FIs ti,is a gr..p Q) fil@d f., alliliat,,?. El Y@s @ N. G It eitt,e, ans.., i@ F i, "Yes,' @,,ter f.u, digit g,o.p
11 'Y,,, li@@ h,, f affili@t,s (or @,I,ich tt@is etu,@ is lilpd - - - - - - - u,,@be, (GERA)
Is ti,is a @pa,ate @tu,@, filed by a 9,-,,p alfiliate? . . . . . . I F] yes U ri@
Ii Cl,e,,k l@@re L] f y,,u, p,,os, pc,@pts ar@ no,r,,ally not ,ore tha@, $25,000 (s,, insl,,,,Iio,, Bi 1) You d- -ot l,a,e lo lite a co,,Ipllled letu,. @itt, IRS; but ii y.u
11@@i@,d a F.,,,, 990 P@,k,,g, @,@ it,@ ... ail, y.u @l,.uld f,i@ 'iti,@Ut d,t, A) So@. si.t.s t@qui,e a C..pleted .tu,..
- ----------
501(c)(3)orgatilzatioiisatid4947(a)(1) tiusts'llustalsoco,,Il,lete.,idattac
i Scliedule-A (Forill 990). (See l,istructio,ts.)
St,,itetyierit of Reveiiue, Expenses @iiid Cliiiipes ir, Net Assets o, Full,l B,,I,,,,,s
Co,itlil)uli,),,S, gifts, gfa,it@s, Oild Silililir aiii@)tj,its ecei,t,d
aDirect public suppoit . . . . . . . . a-
bltidirect public support . . . . . . . . . . i,
cGoverniiie,it [,,fiiits . . . . . . . c
dTotal (add lities la tlirough Ic) (attacti scliedule-see ... st,uctiolis)
2Prograin service revenue (froiii Pa@t VII, litie 93) . . . . . . . . . . .
3Meinbersliip dues an(] assessilic,its . . . . . . . . . . . . . .
4lriter(!st )ti Fiviiigs and tei@il)ofary cisli itive.Stilielits 4
5 itiler@si froiii sectjriti@
6a (@ro,,s r,-,,t@
bL@ssi exr)eiises . . . . . . . . . 6
crl,,t (loss) . . . . . . . . . . . . .
7Otlier irivestinerit iiicoine (desctii)e 1-
8a Gross aiiiount froiii sale ot assets ollier
tliai) itiveri tory . . . . . 8a-
bLess: cost or otl,et basis aiid sales 8b
cGaiii (loss) (attacli sclie(Jule)
9Special lu,i(iiaisiiig eveiits and activities (attacii sclipdule--sL-e i,i5tructiolis):
aGioss rev@.,iue. (iiot includii,g $-'
of coiitributiotis repo,ted oil lirle la) . . . . . . . . 9@
bLess: direct e@peiises . . . . . . . .
cNot ifinivie (Iiiie 9a l@%.s lil,e 91))
10a Gros@ soles l,ns retutiis aii(i allowaiices . . . loa
bL.ess: rost ol goo(is sold . . . I10bi ----------- L--
cGross pro(it (loss) (attach scliedule) . . . . . . . . . . .
I IOther revenue (froiii Part VII, lirle 103) . . . . . . . .
12 Total revenue (add Iiiies ld, 2, 3, 4. 5, 6c. 7, 8d, 9c, I Oc, ,d I I
13 Prograiii services (Iro;ii lirie 44, colurnii (B)) (see iristructioi,s) . . . . . . . . . .
14
la 14 Managertientandgeneral(fro,Ti line44, coltiinli (C))(see i,,sttuctio,,s)
1 5Fuiidrai@ng (frotti lit,e 44. coltjtiiri (D)) (see ifistructioris) . . . . . . . 1 5
w1 6
7
1 7Total ex pe nses (a,ld I ii i(,. s 16 a i id 4 4, col u i, it i (A))
xcpss lo, tl,(@ y,,,ir 1 7 I,.ie I I 8
18 E,
19 1jel ,r fii,l,j It b(@l@i ... yeiir (ii(.... 11, (A)) 19 L r@
z
20 Oilier i(i I,(!t ISS(!ts or ft) ... I (att@icit 20
2 1[Jet assets or lutid I)alaiices at efid o[ year (a(Jd IiiiPs 1 8. 1 9, a,,(i 20) 2 1
Fo, Pap.,@ork R@d.@ti.n Act Notice, @.. p@g. I of tt@. Fn.... 990 11"@ 'i
F.,.,, 990 (1989)
An.lysis of inconie-Producing Activities
------- L., I.y I ... 14
Eiiter gross allio@ilits uiiiess otlierwise ilidicate(I
93 Pro eve,,Le (b)
,3 m A ...... @..l A....... @,l ..........
(a)
(b)
(c)
(d)
(e)
(g) gencies . . . .
94 Mei snients . . .
95 l,iterest oti savifigs aiid teiii@raty cisti iiivest,iieiits
96 Divideiids aild iilterest oii secatities . . . . . .
97 Net rental income (loss) froni reak estate:
(a) debt-finnticed property
(b) not debt-financed property -
98 Net rental incorne (loss) from personal property
99 Other investment incorne . . . . .
100 Gain (loss) ffom sales of assets other than inv6otory
101 Net inconie frorti 5pecial fundraisii)g events
102 Gross profit (loss) frorti sales of irivelitofy
103 Other revenue: (a)
(b)
(c)
(d)
(e)
104 Subtotal (add coluiiins (b), (d), and (e)) . . . . .
105 TOTAL (add liiie 104, coluiiiiis (b), ((]), an(I (e)) . . .
(Line 105 i)tus liiie ld, Part 1, should equal the aiilount oil filie 12, Part
Relationship of Activities to tlie Accom nt xempt Purposes_
Rf E_- ---
Line No. Explain below tiow eacti activity for wtiicti i(icoiiie is reported in coluriln (e) of Paft VII cont(iblited illiportallily to tile
acconiplishment of your exeinpt purposes (other ttiarl [)y providirig funds for sucti purposes).
Informatioii Regarding Taxable SL bsidiaries (Coni ilete tliis Part if you answer !d "Yes'@ to qtj stion 78c)
Name, add,ess. a.d empi.ye, ide.t,f,cati.n P.rce,,I,,g@ of Ni,lu,@ol , Tutal [,,d .1 y@@r
numbef of c.,po,ation or pa,t..,ship ow,@c,sl,.p inte,c@t b.s,.ess acti@ities i,,c.,@@e @sset,
Please ........ ......
Sign
Here
Paid
Pteparer's Zip .,)L
Use Only
t
A
Stati
LMM Functic nal ExpenseS
Do tiot include aiiiotilits teporteduii lifte (A)
6b. 8b, 9b, I Ob, or 16 of Part i
22 Grants and allocations (attacii scliedule)
23 Specific assistatice to ilidividtials . . . . . .
24 Beii,@lits I)iiid too( foi iiieiiii@ers.
25 Cu,ill)ells,@li,)Ii of t,fli,:vrs. vic.
26 Oilier $alalies @@11(i wages
27 Peilsioil plaii co,itr,b,itioils
28 Oilier eiiiployce i)ellelits
29 Payroll taxes . . . . . . . . . @;ll@,l@llflllllll @7///
30 Professional lundraising fees
3 1Accountitig fees.
32 Legalfees . . . .
33 Supplies - - - : . . . . . . . .
34 Telephone - . . . . . . . . . .
Postage and shippitig . . . . . . . . .
35
36 Occuparicy
37 Equipilleilt @eiital and iiiaiiiteiiaiice
38 Printing atid ptiblicatioiis
39 Travel
40 Coiiiefeiices, cuiiveliliolls, i@ittl tilectille's
41 iiiierest
42 Depreciation, depletion, etc. (@ttacti sciledule) -
43 Other expenses (itemize):
I--------------
b --------
--- ---- @--l @ @@
c @- @l "% ----------------------------
d ----- --- -------------
e ----------------------------------
f
-------------
44 Total functional expenses (a,
Ioigaiiiialioiis coiiiplelilig (Ulilll;lis 6 0, c
ExpLtis.s
Describe wliat was acliieved iii carryiiifl out Your exeiiipt i)u,poses. Fi,lly (IL-@c(ii,e tlie 1,11)vide,J; tile
persons benefited; or oilier rele@ailt ilifort,iatiu,i lo, eacil pi talli title. SCLJiUll 501(c)(3) @111(l (4) utgiiiiiLd;:U:,$ ii 1st Is, . ....... .J I,,,
og
mount of grants to otliefs. ...... upt,.,,,l [u, U'l,",
also enter the a
a ---------
@ranis ar;d ail,-,-C-a- 10-11-S
-------------- $
b---------------------------- ------ -------------------- -------- - - -- ------------
------------------------------I---------------------------- ...........
-------------- ---------------------------------- --------
@ II(,. -kii,)Ils ....... ..
------------------- - --
c---------------------------------------------- ------- I-------- ------------ ----------
--------------------------------- ------------- -------------------- ------
------------
------------------------------------------------------------------------------ -----------------
---------------
----------------------------------- ------------------------------
d-------------------------------------------------------------------------------------------------------
------------------ ----------------- ....... ......... ................. ..........
------------I..... I ------- ----------------- I ----- ------------------ ----- ------ -------- ------
--------------------------- ------- -------------- -- --- -----
se(vic,@s (i,ii,icii
e Ottle OP, l@
i pr
I Total (,i,l(l liiies a itilokli:ll e) liiie 44, c,.I,Jiiiii (11)) -
3
(A)
........... ....... .. ......
"t y..... ........... ty
Assets
45 Casti--fioiiintetest-bearii,g
46 Savirigs atid teti@poraiy casil ilivestilieiits . . . . . . .
47a Accounts receivable . . . . . . 147al 7c
bLess: allowatice for doubtful accoutits
48a Pledges receivable
bLess: allowance for doubtful accounts . . .
49 Grants receivable . . . . . . . . . .
50 Receivables due ftotii oflicers, directors. trustees. alld key
scliedule) . . . . . .
51a Other notes a,id loaiis receivable (atiicii scliedule).151@l
bLess: allowance for doubtful accounts . . . . .151@
52 Inventories for sale or use . . . . . . . . . . .
53 Piepaid expeiises atid (icietred cliatges
54 iiivestitients-sectirities (attacli scliedule)
55a lilvesttnents-land. builditigs, atid equiptiient: I 55a
basis . . . . . . . . . . . . . . . .
bLess; acculnulated (iepreciation (attacli I bi-
schedule)
56 illvestliieiits-ollier (iltacli %cile(lijlc)
57a Latid, buildings, itif] ofillipitiplit: 1).,Sis 57a
bLess: accijrijUlat(@(I (101)teLiiltiol (a l(@i SC ie ii, 57b
58 ottier assets (fieFcrit)e
Lg_ .1.1 assel@(11
Liabilities
60 Accounts payable and accrued expellses . . . . . . . . . . . . . 61
61 Grants payable . . . . . . . . . . . . . . . . . . . . . SS2
62 Support and revenue designated for future periods (attacil scliedule) . . .
63 Loans frotti olficers, directors, trustees, and Itey eitiployees (attacii scliedule) 63-
4
6
64 Mortgages and otlier notes payable (attacti scliedtile) . . . .
65 Other liabilitips (describe 0- 65
66 Total liabilities (ilid lities 60 tilLo-Lici@l 5) 66
7
Futid Balances or Net Assets
Organizatioris tliat use fund accounting, clieck fiere 1- [j arid coii@l)lete lilies
67 ttifougli 70 and lines 74 and 75.
67a Current unrestricted fund . . . . . . . . . . . . .
bCurrent restrilted fuiid . . . . . . . . . . . . . . . . . . . .....
68 Land, builditigs, atid ecluipitieiit luiid . . . . . . . .
69 Endowmeiit fuiid . . . . . .. . . .
70 Otlier fuii(is (describe P-
Organizations that do not use itind accounting, clieck fiere 1- Li alitt coli,plete
lines 7 1 thiougti 75. 7,1
71 Capital stock or trii!;t priiicipll . . . . . . . . . . .
72 Pail.in or cipilil stjrl)ltjs . . . . . . . . . . . . . . . 72
73 (,l . . 73
74 [,)Ii) [,i ... I 1).@l; ... (@.!, ,i t@,!l (,,,p i... ., I . -1 ( --i (-,tD 74
75 Totalliabilitiesaiidfun,lbalai-ces/lietassels t -IOCD ill
is S,
(A) Ili.111" ;@"Il ;"Ill-'
- - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - -
lyes l
igage iii itly activity not cts)IeviouslY rePOrted to tlie li,ter,iil Re@eiiue
76 Did you ei Se,vice? . . .
It "Yes," attaci, a detailed descril)tioti of eacii activity.
77
ll,e Ill@,11li7illi@ .1 ItOvOilli'll
78a I)i(I y,)tji I,;iv,! tji,iolill,!,l illc,,,),(. o[ $ 1,000 (,l ,i ... (' (I'llil@it 11,@, y,,,it C(,Ve,c(l LY tliis,elti...
b11 "Yes." lia,e yo,j liled a tax ret(irii oii Forin 990-T, E.eii,[)t Org.,iiiiitioij BLisiiiess fax Retu,ii, (or ttli., ye@i,?
cAt a,iy ti,iip diiii,i[@ lii,i y@,,It. (Ii(] Y')Ij (,W(i a 50'!', or iiiiel,,t iii i
11 'Yes," coiiil)letp. 11.3it IX.
79 Was there a liquidatiori, dissolution, terniiiiation, or substaiiiial coiitraction duriiig tlie year? (See instiLiCtiOns.)
If "Yes," attach a stateinent as describeq in ttie instructiotis.
80a Are you related (oti,er tliati by association witli a statewide o, liatioilwi(t@. O,V,,Illizalioll) tlifot,gll coillivioll ilie(iibe,sliip,
gove@nirig bodies. trustees, officers, etc., to aiiy otlier exeiiipt of iioile@eiiipt otgaflizaiioll7 (See itistiuctiolls.) . . . .
bIf "Yes," eriter tlie nattie of the oigariizatioil I- ----------------------------- - I --------I------------------
.iii(i cli(,ck wliviliet it is 1-1 e.eiiii,t OR I-l'iioiiexeiiijit.
- --- ---- -----
81a Eiiter ai,,oil,it of ill tlie
bDid you file Fo,in 1120-POL, U,S ll,co,i,e li@ l@@, l'oliti,@ll Olgiiiii7i@li ...... fut iiiis yeit? . . . .
82a Did yoij receive (Jo,iate(i sei,ices or tlie use o[ iiiate,iils, e(juil)iiietit. or lacilities iit ii(, cliaige or at substititiiilly
less thaii fair reiital value? . . . . . . . . . . . . . . . . . . . . . I. . . . . .
bIf "Yes," you itiay indicate tlie vilue of tllese iteiiis licte. Do iiot iticltjtic tliis aiiiount as
revenue in Part I or as an exl)eiise iii Part 11. See instructit)tis lor tepot tiiig iii Patt ill . . . .
83a Did anyone request to see eitlier your annual returri or exeiiiptioti applicatioii (or botli)? . . . . . . . .
bIf "Yes," did you cornply as desciibed iii t,,e iristructiotis7 (See Geiieiil ltist,uctioll L.) . . . . . . . . . . .
84a Did you solicit iitiy cotitributioiis or gifts tliat wele tiot ti,. (10,lkjctil)le? . . . . . . . . .
bIt "Yes," did you iiiclude witli evety solicitatioti Ill e@pless stteiiie,it tliit sk,cil t:o,itlil,kllioiis or gilts weie iiot ti.
deductible? (See General Instru ctiot) N.) - - - - - - -- . . . . 84b
85a Section 501(c)(5) or (6) otgaiiizatiotis.-Did you sl)eiid atly ainouiiis iii attetiipts to influence public opillion 17,,/;71,/,
about legislative ii,atters or @ele,etiduiiis? (Spe iiistfuctiol,s I,,d Regulitiolis sectioii 1. 162-20(c) . . . . 85a
bIf "Yes," etiter tlie total allioutit st,elit for tliis I)url)ose . . . . . . .. 85b
86 Sectioti 501 (c)(7) orgailiza liolls, - E 11 ter:
aliiitiation fees ati(i capital cotittibutioiis included on liiie 12 . . . . . . . 86a
bGioss ill@@ill(lotl oti liiie 12, [or I)tjt)lic ki7,c of (;ILjb 1,11 iliii('S (SI"- illltt LiCti"", 86b
cDoes tlie club's goverriifig itistruiiieiit of aiiy writteii policy stateii@ci@t piovi(le fol discri Iitiatioii
persoti because of race, color, or religion? (See instructioils.) . . . . . .
87 Section 501(c)(12) organizatioris.-Eilter anioutit o[:
aGross iilcotiie rpceiv(@d (rotil ilictilt)ers or sliareliol(lefs . . . . . . . .
bGross iricotiie received Itoiji otlier sources (Do riot iiet aiiiouiiis due of f,ai(i to ottici sotitces
8@7
against arnounts due or received frorn tlieiii.) . . . . . . . . . . . . . . .
88 Pul)licititercstl,,iwtitiiis.
89
90 Du,i,,I! tl@is la. ye., (li'l y ... i i,,y r I.,@ .,Is ,,, i sysivi,@ 90
9,1 Tlie books are i,i cnie of Telept,olle 110. 1-
-- -------- -------------- - --- -- --------- --------------
Located at 1.
--------------------------------------
92 Sectiot74947(a)(I)tfustsfifirigFoirii990ifilieuo[FormIO41,U.S.Fi(IticiatyliicotiietaxReturii ... . . . . Clieckl,ere P. L]
oaccu,?@-ul@ll "@@
aiidetil tl, a,@@.u tf@a...., tr@@e,,st,.c@,-d oracctuedduiiiigtlie
SCHEDULEA Organization Exempt Under 501(c)(3) OMB N.. 1545 @7
(Form 990) (Except Private Foundation), 501(e), 501(f), 501(k), or Section 4947(a)(1) Trust
D@p@,t@,.t of th@ T,@@@.,y Supplementary Information 8 9
l.te,n.1 R.@..u. S@@,ce Attach to Form 990 (or Form 99OEZ).
N.. si ( I Epi.y.r [d..tifl,.tion ..@b.r
c@
Compens3tion of the Five Hlghest Paid Employees Ottier Ttian Officers, Directors, and Trustees
(See specific Instructions.) (List each one. If there are none, enter "None.*)
(b) T.1i, ..d a@,,@g@ (d) C..I,.b.i.o@@ t. E.p.n@e .,c.u@t
N.m. ..d dd,@. f ..pl.y,,@ p@id m.,@ th.n $30,000 h.ur@ p,, @-k C..P.@.1i.n mployee ..d
d,@.t@d t. p.,,ti.n b@.e(.t pi..@ ail..@n@@@
-@ -- - ----------------------------
----------------------- ------
--------------------------------------------
..........................................
-----------------------------------------------
Total number of other employees paid over
$30,000 . . . . . . . . . . . . . 0.
Co. pensation of the Five Highest Paid Persons for Professional Services
(Se.specificinstructions.) (Listeachone.Iftherearenone,enter-None.')
N@.e nd dd,,@@ f p@,.n@ paid ..r@ th.n $30.000 (b) Type f S,,@ice (c) C..p@n@@ti..
---------------------------------------------------
--------------------------- -------------------------------------------
------------------------------------------------- --------------
.....................................................................
-------------------------------------------------------------------------
Total number of others receiving over $30,000 for
professional services . . . . . . . . .
Statements About Activities Yes No
(1) (2)
1 During the year, have you attempted to influence national, state, or local legislation, including any attempt to
inflij@nce public opinion on a legislative matter or referendum? . . . . . . . . . . . . . . . . . .
If"Yes,"enterthetotalexpensespaidorincurredinconnectionwiththelegislativeactivities. $
Complete Part VI of this form for organizations that made an election under section 501(h) on Form 5768 or ottler
statement. For other organizations checking "Yes," attach a statement giving a detailed description of the legislative
activities and a classified schedule of the expenses paid or incurred.
2 During the year, have you, either directly or indirectly. engaged in any of tlie following acts with a trustee, director,
principal officer, or creator of your organization, or any taxable organization or corporation with which such person is
affiliated as an officer, director, trustee, majority owner, or principal beneficiary:
a Sale, exchange, or leasing of property? . . . . . . . . . . . . . . . . . . . . . . . . . .
b Lending of money or other extension of credit? . . . . . . . . . . . . . . . . . . . . . . . 2b
c Furnishing of goods, services, or facilities? . . . . . . . . . . . . . . . . . . . . . . . . 2c
d Payment of compensation (or payment or reimbursement of expenses if more than $ 1,000)? . . . . . . . . 2d
e Transfer of any part of your income or assets? . . . . . . . . . . . . . . . . . . . . . . . 2e
If the answer to any question is "Yes," attach a detailed statement explaining the transactions. W//, W//,
.1 Do you make grants for scholarships, fellowships, student loans, etc.? . . . . . . . . . . . . . . . 3
8 Aftach a statement explaining how you determine that individuals or organizations receiving disbursements from you
in furtherance of your charitable programs qualify to receive payments. (See specific instructions.)
F., Paperwork Reduction Act Notice. see page 1 of the lnst,uctions to Form 990 (., Fo,m 99OEZ). Schedule A (Fo,m 990) 198i
2113/Wpage 724,037
P,,p, 2
h@d.1, A (F.,,@, 990) 1989
Reason for Non-Private Foun a ion Status (See instr
he organiiation is not a rivate ioundation because it is (please heck only applicable box):
5R I A church, convention of churches, orassociation of churches. Section 170(b)(1)(A)(i).
6Fl 2 A school. Section 170(b)(1)(A)(ii). (Also complete Part V, page 3.)
7 3 A hospital or a cooperative hospital senice organization. Section 170(b)(1)(A)(iii)-
8 4 A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v)-
9 5 A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(iii). Enter name, city, and state
of hospital 0 ................................................................. ......... ..................
10 F] 6 An organization operated for the benefit of a college or university owned or operated by a governmental unit. Section
I Idl7O(b)(1)(A)(iv). (Also complete Support Schedule.)
, An organization that normally receives a substantial part of its support from a governmental unit or from the general public,
Section 170(b)(1)(A)(vi). (Also complete Support Schedule.)
12 8 An organization that normally receives: (a) no more than 1/2 of its support from gross investment income and unrelated business
taxable income (less section 5 11 tax) from busineS5eS acquired by the organization after June 30, 1975, and (b) more than 1/2
of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc..
functions-subject to certain exceptions. See section 509(a)(2). ( Also complete Support Schedule.)
13 9 An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations
described in: (1) boxes 5 through 12 above; or (2) section 501(c)(4), (5), or (6), ii they meet the test of section 509(a)(2). See
section 509(a)(3).
Provide the following information about the sui)Dorted organizations. (See insttuctions ior Parl
(b) Box number
(a) Name of supported organizations from above
14 R O_Aff-organization organized and operated to test for public safety. Section 509(a)(4). (See specific instructions.)
Support Schedule (Complete only If you checked box 10, I I se cash method of acc
Calendar year (or fiscal I (b)
yearbeginningin) 0- 1987
15 Gifts, grants, and co
not include unusual gr
1 6Membership feee
17 Gross receipts ifom
soid or senices per
facilities in any activ
unrelated to the orga
18 Gross ipcome from interest, dividends,
amounts received ftom payments on securities
loans (section 512(a)(5)), rents, foyallies, and
unrelated business taxable i,icome (less section
51 1 taxes) from businesses acquired by the
organization after June 30, 1975 . . . .
1 9Net income from unrelated business
activities not included in line 18
20 Tax fevenues levied for your benelit and either
paid to you or expended on your behalf . . .
of facilities furnished to
tal unit without charge.
value of services or
furnished to the public
h schedule. Do not in-
saleofcapitalassets
igh 22 . . . c,
ne 17 . . . . .
24 . . . . . . . . . . . . . . . . . . . . . .
ction) showing the name of and amount contributed by each person
licl supported organization) whose total gifts for 1985 through 1988
@,-- @f -11 @mounts here
(Continued on page 3)
page 724,038 21131DO
.@h@d.l. A (r.r. 990) 1989 P@g@ 3
[= Support Schedule (continued) (Complete only if you checked box 10, 1 1, or 12 on page 2.)
27 Organizations described in box 12, page 2:
aAttach a list for arrlounts shown on lines 15, 16, and 17, showing the name of, and total amounts received in each year from,
each "dis"ualificd berson," and enter the sum of such amounts for each year:
(1988) ij i
.. -1, .......... (1987) ....................... (1986) ....................... (1985) .......................
bAttach a listshowing, for 19851@S@1988, the nameand amount included in line 17 foreach person (otherthan "disqualified
persons") from whom the organization r c@et ed4no-@e during that year than the larger of: the amount on line 25 for the year or
$5,000. Include organizations described in boxes 5 th@ug ell as nlvlual,, Enter the sum of these excess amounts for
each year:
(1988) (1987) (,98,) (1985)
For an organization described in box 10, 1 1, or 12, page 2, that received any unusual grants during 1985 through 1988, attach a list
(not open to public inspection) for each year showing the name of the contributor, the date and amount of the grant, and a brief
description of the nature of the grant. Do not include these grants in line 15 above. (See specific instructions.)
Private School Questionnaire
(To be Fompleted ONLY by schools that checked box 6 In Part IV) Yes No
01 @ (1) (2)
29 Do you hav a racially nondiscriminatory policy toward students by statement in your charter, bylaws, other
governing instr of your governing body? . . . . . . . . . . . . . . . . . 29
30 Do you includ racially nondiscriminatory policy toward students in all your brochures,
catalogues, an nications with the public dealing with student admissions, programs, and F//////, F/////,/
scholarships? . . . . . . . . . . . . . . . . . . . . . . . . . 30
31 Have you pub discriminatory policy through newspaper or broadcast media during the
period of solic uring the registration period if you have no solicitation program, in a way
that makes the policy known to all part nity you serve? . . . . . . . . . . . . .
It "Yes," please describe; if "No," u need more space, attach a separate statement.)
..................................... ....................................................
..................................... ....... ............................................
..................................... ....................................................
32 Do you maintain the following:
aRecords indicating the racial composition of the student b ty, and administrative staff? . . . . 32a
bRecords documenting that scholarships and other finarc assistance are awarded on a racially
nondiscriminatory basis? . . . . . . . . . . . . . . . . . . . . . 32b
cCopies of all catalogues, brochures, announcements, and other wr the public dealing
with student admissions, programs, and scholarships? . . . . . . . . . . . 32c
dCopies of all material used by you or on your behalf to solicit contrib . . . . . . . . 32d
If you answered "No" to any of the above, please explain. (If attach a separate
staternent.) ----- ............................................. .......................
---------------------------------------------------------------- .......................
33 Do you discriminate by race in any way with respectto:
aStudents' rights or privileges? . . . . . . . . . . . . . . . . . .
bAdmissions policies? . . . . . . . . . . . . . . . . . . . . . . . . . . 33b
cEmployment of iaculty or administrative staff? . . . . . . . . . . . . . . . . . 33c
dScholarships or other financial assistance? (See instructions.) . . . . . . . . . . . . . 33d
eEducational policies? . . . . . . . . . . . . . . . . . . . . . . . . . . 33e
tUse of facilities? . . . . . . . . . . . . . . . . . . . . . . . . . . 33f
9Athletic programs? . . . . . . . . . . . . . . . . . . . . . . . . . . 33g
hOther extracurricular activities? . . . . . . . . . . . . . . . . . . . . . . 33h
If you answered "Yes" to any of the above, please explain. (if you need more space. attach
statement.)
...............................................................................................
34a Do you receive any financial aid orassistance from a governmental agency? . . . . . . . . . . . . .
bHas your right to such aid ever been revoked or suspended? . . . . . . . . . . . . . . . . . .
If you answered 'Yes" to either 34a or b, please explain using an attached separate statement. .....
35 Do you certify that you have complied with the applicable requirements of sections 4.01 through 4.05 of Rev. Proc. 75.
50. 1975-2 C.B. 587, covering racial nondiscrimination? If "No," attach an explanation. (See instructions for Part V.) .... 3,5
g/t3/go page 724,039
14
Lobbying Expenditures by Public Charities (see instruction5)
(To be completed ONLY by an eligible organization tliat filed Form 5768)
Check here p. a If the organization belongs to an affiliated group (see iristructions).
Check here 1. b If you checked a and "limited control" provisions apply (see instructions).
(b)
Limits on Lobbying Expenses Alf,lial@dgr..p T. b@ c.mpl@t.d I., ALL
36 Total (grassroo@k) lobbying expenses to influence public opinion . . . . . . . . . . .
37 Total lobbying exo@nses to influence a legislative body . . . . . . . . . . . . .
38 Total lobbying exp( 7) . . . . . . . . . . . . . . . .
39 Other exempt pur@ I instructions) . . . . . . . . . . . . .
40 Total exempt purp, 8 and 39) (see instructions) . . . . . . . . .
41 Lobbying nontaxat aller of $ 1.000,000 or the amount determined under
the following table
If the amount on I The lobbying nontaxable amount
Not over $500,000 . 20% of the amount on line 40 . . . . . . . . .
Over $500,000 but not o 1,000,000 $100,000 plus 15% of the excess over $500,000 . . . .
Over $1.000,000 but not $1.500.000 . $175,000 plus 10% of the excess over $1,000,000 . . .
Over $1.500,OOQ .'. . . . . . 5% of the e.cess over $1.500,000 . . .
42 Grassroots nontaxat mount (enter 2 . . . . . . . . . . . . . .
(Complete lines 43 and 44 ile Form 4720 if ds line 42 or line 38 exceeds line 4 1.)
43 Excess of line 36 over line 42 . . . . . . . . . . . . . . . . .
44 Excess of line 38 over line 41 . . . . . . . . . . . . . . . . .
4-Year Avera'ging Period Under Section 50 1(h)
(Some organizations that i iade a section 1(h) election do not have to complete all of the five columns
below. See the in@@ @ctions for lines 45-50 for details.)
X-bbying Expenses During 4-Year Averaging Perlod
Calendar year (or fiscal (a) (b) (c) (d)
\@988 (el
yearbeginningin) P, 1989 1987 1986 Tot.1
45 Lobbying nontaxable amount (see
instructions) . . . . . . . . .
46 Lobbying ceiling amount (150% of
line 45(e)) . . . . . . . . .
47 Total lobbying expenses (see
instructions) . . . . . . . . .
48 Grassroots nontaxable amount (see
instructions) . . . . . . . . .
49 Grassroots ceiling amount (I 50% of
Iiiie 48(e)) . . . . . . . . .
50 Grassroots lobbying expenses (see
instructions) . . . . . . . .
page 724,040 2/13/90
S,h@d.1, A @F.,. 990) 1989 P,,p,, 5
information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt
Organizations
51 Did the reporting organiz@tion directly or indirectly engage in any of the following with any other organization described
in section 501(c) o de (other than section 501(c)(3) organizations) or in section 527, relating to political
organizations? @l@
a Transfersfromthe report@ngorganizationtoanoncharitableexernptorganizationot:
(i) Cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) Other a! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Other Transz
(i) Sales of e exempt organization . . . . . . . . .
. . . . . . . . . . . . . .
(ii) Purchas haritable exempt organization . . . . . . . . . . . . . . . . . . . .
(iii) Rental c . . . . I . . . . . . . . . I . . . . . . . . . . . . . . . .
(iv) Reimbu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v) Loans o . . . . . . . . . . . . . . . . . . . . . . . .
(vi) Performan men olicitations . . . . . . . . . . . . . . . . . .
c Sharing of facilit mail or paid employees . . . . . . . . . . . . . . .
d If the answer to a S"YE g schedule. The "Amount involved' column below should always indicate the
fair market value of the goods, other a! the reporting otganization. If the organization received less than fair market
value in ariy transaction or sharing arri uld also indicate the value of the goods, other assets, or services received.
(a) I (b) C) (d)
Line no., Amount invoned Na.e of noncha le e.e.pt organiz.tion Des@ription of transfers, transactions, and sharing arrangements
52a Is the organization directly or indirectly affiliated with, or related to, one o@ more tax-exempt organizations described
in section 50 l(c) of the Code (other than section 50 l(c)(3)) or in section 5:i,27 . . . . . El Yes Fl No
b If "Yes," complete the following schedule.
(a) (b) (c)
N.me of .,ga.ization Type of organizatio. Desc,iptio. of elationship
21131W page 724,041
~i [~ I fiduciary end Certain Other
. - it ~...' ...... r ..... ~ Form 1~6 ~ Form BG~3
706GS (T) , ~ Form 990,PF ~ Fo,~ 1041 (estate) ~ F~ 35~A ~ Form 6069 0 Form G725
990 ~ t~m ~ ~ (~Oi(t) or ~ORa) I us[) ~ For~ 10~ [.A United ~tates, check this ~x ..... . ........
R~l~iT~tlon does ,or ~eve ~ office o~ place ol bus ness In t m aud ending .....................
[~ Yes
fo~thiS[~xY~ar~" , ' ' "~ ...., ...............................
s~.~. ,~,~,~.~ ~h~O.,,~,,""o~"~"~:g-A'"'~ .~....~ ......... . .....................
..... . ..... _ ~.~. ~ :~: ............
...... '''''' ' ,
, _a c~ t ~e instruc[~:~--'~ .~ .. ~h~ngutar due ~
....... ' '-~*st will be cl~a~~''~ "~
5~3tLIrq ~ ~'-'~:~;, ~elaW w ~ether or itot your ~,~ - - .
or Inal anG oit~u~.[~2 ....
_.~ ........ by IRS
to Applicant~3° Be Completed
l'{otice ion. pieese attach th storm to your return.). · u ....... ~r ~use ot yeur reasons ~tated above, we
We II~VE epproved you~ opplicat ,,_~,_. ~P ease ett~ch this ~orm to you~ return./n~-~-,.,
urn, whichever IS later. This [O.day ~race pnri~
We H~VE ~OT ~pproved youT app,c~u--:..-~ .... hewn below or due date ~1 yo~[~a to be mede on timely 1lied returns. .
hpve granted ~ ~ v*--~ ~"~[~nslon of time for pur~Ses v,
Is considered to be a ~,u
We ii,VI N~T ~PPr°ved y°uf applic~ti°m Altnr c°nsldelil~[ y°ur I~a~°ns It~te~ a~v°' we
et ~lme to tlte (We ate not 8rar,tifT~ the tO-day 8race
We canuot con~ider you~ application beceu~e It was filed citer the due date o1 your return.
Othe~ ............... ' ....
shou d be sent,
~"' ~ %~ ~ .............. -,-
VIRGINIA BE'@CH CHR'@-.T@'AN OUTREACH GROUP
lc)53 VIS'GINIA BEACH BLVD.
P. 0. BOX 931
V'@RGINIA BEACH, VIRGINIA 2-14-11
(BC)4) 491--846
PROGRAM NARRATIVE
The Virginia Beach Christian OLttreach GROLIP (VBCOG) is a nonprofit
tax-exempt corporation, tax ID number 54-14171-@6, which was begun in 1986.
Currently it is comprised of a group of 4-1 south Tidewater churches,
actively working to 5erve the needs of the homeless population of Virginia
Beach. Since its inc@ ion, VBCOG has responded to the needs of thousands
of pl-ople, botli tht-ough operation of a soup kitchen to feed the hungry and
a program providing temporary she'@-Ler to the homeless.
To respond to the needs of the homeless population. VBCOG initially
began using fund5 to provide temporary housing in area motels. In May of
ige6.. a shelter was begun in a three bedroom home on 39th and Holly Road in
Virginia Beach. ThL- "Holly Road House", owned by GalileL- Episcopal ChLtrch,
during its operation housed 30 adults and 15 children, many for a duration
of up to thirty days. At present, the home is no longer available to the
group.
VBCOG has purchased a site an which to operate a facility to hOLtse and
feed the homeless in Virginia Bear-h. The site is located at 1053 Virginia
Beach Blvd., east of Birdneck Rd. It is both accessible to the homeless
and located sufficient'@y inland to be isolated from both the tourist
population and residential development. The 42,000 sq. -Ft. tract of land
includes two structures. One ha5 been renovated for a shelter for single
women and families and will accommodate 15 people. The second has been
renovated as a shelter for single man and will accommodate 36 men. A third
building has been constructed and is used as a dining hall and outreach
center. The building has --200 sq. ft. of usable space. It has a full
commercial kitchen and seating for 1-@O people. This building replaces the
Fire Escape Building which we used to serve our daily meal for the first
four years of operation.
Plans for the facility include the prov-@@sion of two types of shelter.
One type will provide temporary overnight refuge and would be limited to a
clean, safe place to spend the night protected from the elements. A second
type will provide a more comprehensive service. The prospective re5idents
would only be admitted after an initial screening by the staff to determine
their potential and willingness to work towards some level of
self-sufficiency. In addition, subsequent evaluations will be conducted on
ten-day intervals to determine the level of progress. The normal length of
stay would be up to thirty days, but extensions could be granted pending
recommendation by the director and appt-oval by the board of directors. In
addition to shelter, food, clothing and counseling assistance in obtaining
employment would be provided.
In an affluent community such as Virginia Beach, it is not widely
recognized that there is a significant incidence of homelessness. Many are
inclined to think of urban ghetto5 as centl-rs for the homeless population.
Since the si@-nirer o-F @.9-.7 VBCOG I-.-as st-ie! Le@-ed 60 tc) 70 adltlts and 20 to -0
children, Ltsing a tl-irl-e bL-dt-oo(r, holis@ loned by Galilee Episcopal Church
and a rented two bedroom apartTent- Since our new facility opened iri
December, 11789, we @iave provided shelte@- for 3C)O to 400 hundt-ed people. We
estimate that of the sixty to eighty people fed each day at the soup
kitchen, approximately 20 to 40 are homeless.
It is a common misconception to consider the homeless as transients,
and/or lazy men and women, unwilling to take responsibility for their own
lives. In actltality, @ significant nltmber of these individuals are neither
lazy, nor unwilling to.,wor@;. Instead, many have, for various reasons,
encountered a series of misfortunl-s, and thus found themselves without
support. The efforts of VBCOG have afforded many of these people an
opportunity to begin again. Many have since become valuable contributing
members of society. Since its formation in 1986, the group has assisted
thoL(sands of hungry an& homeless people in Virginia Beach through the soup
kitchen,the house, the apartment, and our new facility, "The Shelter". Of
the3OO to 400 people housed, plus many additional individuals helped
through rental assistance approximately --O% have achieved some level of
self sufficiency.
The soup kitchen began in March of 1986, feeding 5-10 people one meal
a week. By 1987, that number rose to 20-30 individuals, three nights a
week. Since mid 1987, the numbers have increased to the present figure of
70-100 individuals six nights a week. It is not LAnusual,to feed as many as
100 people per night towat-d the end of the month.
A Board of Directors, comprised of eighteen elected representatives
from participating churches acts as the governing body for the group. The
facility employs a qualified full-time director to oversee the operation of
the shelter. In addition, a full-time assistant director and a part-time
staff member will assist in day-to-day operations. Both the director and
staff members will be accountable to the VBCOG Board of Directors. In
addition, volunteers from the participating churches will continue to
assist in preparing and serving the daily meal.
Da re o 1job
Enip I .?y, r Ident i f i c at i -@n Nuniber
VIRGINIA &EACH CHRISTIAN OUTFZEACH 54-14171@-6
GROUP INC C,Dntact Pers-3n:
C/0 JOHNSON KANACY III K BRADLEY
SUITE 500 PEMFROKE V OFFICE @LOO C-Dntact Tc-lephone NunIber:
VIRGINIA EEACH, VA 2@-46-- (201) 962-4OP7
Accounting Period Ending:
December @.1
F-)undati-3n Status Classificati@)n:
r 1
109 (a ) (1) @,,d 1 70 (b) ( ) (A) (vi)
Advanc8 Ruling P4ri@@d Ends-
DLC- 31, 1991
Caveat Applies:
N
Dear Applicant
E(a sed c-n i n f rpia t i on s u p p I i ed a n d a s s um i n g ycu r c-p e r a t i On s W i I I b
sta ted i n yo u r a p p I i c a t i c-n f o r rec C, an i t i C'n C-f ex emp t i on , we ha ve d ete rm i n ed vcu
a r e e): emp t f rom Fed e r a I i n c ome -a x u n d e r sec t i on t'-Ol (c ) (3) c,f the I n te r n a I
Revenue Code.
Ece-cause you are a newly created organization, we are nc-t now making a
f inal determination of your fe-undation status under section 509(a) C-f the Cc-de.
Hc,wever, He have determined that you can reas@nably be expected to be a publ ic-
ly supported organization described in secticns 509(a)(1) and 170(b)(1)(A)(vi),
Accc-rdingly, yc-u wi I I be treated as a publ icly supported organizationi
and not as a private foundatic.n, during an advance, rul ing period. This
advance rul ing peric-d begins c-n the date of your inception and ends @n the
date shown ab@ve.
Within 90 days after the end c,f your advance ruling period, yoU MUst
submit to us information needed to determine whether you have met the require-
mepts of the appl icabl'o support test during th* advance rul ing paric.d. If you
r,stablish that you have been a publicly supported organization, you will be
classif ied'as a section 509(a) (1) or 509(a) (11) organization as long as you col-
tinue to meet the requirements of the applicable support test. If you do nc.t
meet the publ ic support requirements during the advance ruling periodi you will
be classif ied as a private foundatic,n for future periods. Alsog if you are
classif ied as a private foundation, you wi I I be treated as a private fc-undation
from the date of your inceptic-n for purposes c-f sections 507(d) and 4940.
Grantc-rs and contributors may rely on the determination that you are not a
private foundation unti 1 90 days after the end of your adva-ce rul ing period.
If you submit the required information -ithin the 90 days, g,antcrs and contri-
butors may continue to rely on the advance determination unt, I th* Service
makes a final determination of your foundation status.
If notice that ycu wi I I nc- longer be treated as a publ icly suppcrted or-
Lettcr 1045([IO/CG)
VIRGINIA BEACH CHRISTIAN OUTRE.ICH
ganizati.Dn is published in th, Internal Rev,?nue Bulletin,' grant-Drs and C'Dntri-
but@@rs may not re I y -Dn this d ete rAi i nati .)n af ter the date -:,f such pub I icati )n .
In addi tion, if y,Du I Dse y@)ur status as a pub Ii c ly supparted organizati @n and a
grant.@r or contributot- was resp.)nsib I e f .@r, )r was awar, )f , the act -Dr f a ii ure
t,D act that res u I tcd in y-3ur I oss @@f such st at us , that pe rson m,&y n,,t rely ,@n
th is d ete rni i nat i -@n f r.)m i, he da te- -Df the act .3r f a if u re to ac@.. Als.:,, if a
grant-Dr or contribut,)r learned that the Scrvice had given notic, @hat y-:,u iqDuld
be reni.Dved from classificiti,@n as a publicly supo,)rtcd -irganization, then that
persc,n may n.@t rely on this determinati.@n as )f the date such kn-:114ledgc- s4as
acquired.
l' y-)ur s,Durces @f support, -@r $,Dur purp,Dses, character, or meth.)d .:,f
-)perati,)n change, pleasc let us kn-@i-t s@@ @le can consider the effec' ,f the
change ,n @Dur exempt status a,,d f')Undati,@n status. In the case f an amend-
ment t,D your organi--ationai d,Dcument .@r bylai4s, pl,?ase send us a copy :,f the
aniended docunient or bylaws. Als,), vou should inf.3rm us of all chang,-s in y-)ur
nam,? and addre-ss.
As of January 1, 19F.4, y-@u ar@ liable f,@r taxes under the Federal Insur-
ance C,@ntributions Act (social security taxes) .5n remun,?ration of $100 ,>r m,Dre
y-Du pay to c-ach of y-@ur employees during a calendar year. You are not liable.
f,)r the taK in@p,Dsed under thc Federal Unempl-Dymeiit Tax Act (FUTA).
Organi-ati,ans that ar, n,@t p,i@ate foundations are not subjtct to th*
excise taxe; under Chapter 42 .@f the C,Dde. H-@mever, you are not autosiatically
exempt from other Federal excise taxes. If y-Du havt any qu*stions about ex-
cise, empl-Dyment, or 3ther Federal taxes, please let us knoi4.
D,3nors may deduct c.)ntributi.)ns to vou as pr.Dvided in secti,Dn 170 .)f the
C,lde. Bequ@sts, legacic-s, devises, transfers, or gifts to you -3r f,Dr y-Dur use
are deductible f,Dr F,?deral es',it,? and gift tax purposes if they meet th@ appl 1-
cable provisi,@ns Df secti-Dns -@05'i, -7106, and )f the Code.
You ar,, required to file F-Dro 990, Return of Organizatiop Exempt from
Income Tax, only if your gross receipts each year are normally more than
$25,000. If a return is required, it must be filed by th* 15th day of the
f ifth month after the,and .3f y-3ur annual accounting period. The law imposes I
a pena I ty 5f $10 a day, up to a sax i mum Df S'5, 000, when a return i s f i I ed
late, unless there is reasonable cause f,@r the delay.
You are not required to file F,,deral inc,Dme tax returns unless yDu are
subject to the tax on unrelated business incame 4nder section 511 of the Code.
If you are subject to this tax, y,3u must file an income tax r*turn on F.)rm
??O-T, Exompt Organization Business Inc,Dme Tax Return. In this letterl we are
n-Dt deterraining whether any of your present -Dr pr,@posed activities are unre-
lated trade or business as defined in secti,@n 513 @f the Code.
Y-Du need an empl-@yer identificati.)n number even if you have no employees.
If in empi-3yer identification number was not entered on your application, a
number will be assigned t,D you and you 4i[l be advised @f it.. Please use that
Letter 104F,(DO/CG)
VIRGINIA BEACH CHRISTIAN OUTREACH
number c.n all returns yc-u file and in all cc,rrespc-ndence with the Internal
Revenue Service.
If the heading c-f this lctlc-r indicates that a caveat applies, the caveat
below c,r on the cnclosure is an integral part of this lettcr.
Bc-cause this letter cculd help resc,lve any questic,ns about your eyenipt
status and fc-undatic,n status, you sh.@uld keep it in yc-ur permanent rec.@rds.
If you have any questions, please cc.ntact th[, person whose name and
telephc,ne number are shc,wn in the heading of this letter.
Sinci,rely yours,
Teddy R. Kern
Itistrict Director
Letter 104!5(DO/CG)
- 26 -
Item V-J. 2.
RESOLUTIONS ITEM # 33732
E. George Minns, 1429-A Reynard Crescent, Phone: 427-0250, spoke in OPPOSITION
Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City
Council DEFERRED until the City Council Session of November 27, 1990:
Resolution to establish the Fellowship Committee as
a City Council-appointed Committee.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 27 -
I tem V-K.
CONSENT AGENDA ITEM # 33732
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED in ONE MOTION Items 1, 2 (AS AMENDED), 4, 5, 7, 8, 9 and 10 of
the CONSENT AGENDA. Item 6 was DEFE;RED to December 11, 1990.
Item 3 was pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item V-K. 1
CONSENT AGENDA ITEM # 33733
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Ordinance to MEND and RECRDAIN Section 21-378 of
the Code of the City of Virginia Beach, Virginia,
by ADDING Section (H) authorizing the Chief of
Police to Impose additional storage iot
requirements re removal, storage and sale of
certain unattended vehicles.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
roR. @o, @.s. in
INTER-OFFICE CORRESPOWE14CE
DA
TO: Mr. James K. SPore DEPARTM
FROM:
BUBJECT: Rules and Regulations - Virginia Beach Police Department
I am enclosing, for.your signature and return to me, the Rules and
Regulations governing companies on the Virginia Beach Police
Department Wrecker List. Also enclosed are copies of the City and
State Codes pertaining to the towing of vehicles.
CRW/mjw
Enclosures
RULES AND REGULATIONS
The following RUles and Regulation apply to those Wrecker
Companies on the Virginia Beach Police Wrecker List.Before a
Wrecker Company is considered for application the Police
Communication Division must first establish a need for an
additional Wrecker in a particular tow zone area.
1. Any company making application to be on the approved list of
tow truck operators of the Virginia Beach Police Department
must be a licensed business in the City of Virginia Beach,
have been in operation for at least one year, and be located
in an area of the city properly zoned for tow truck operations
and storage of motor vehicles.
2. Tow trucks will be of sufficient size and adequately equipped
(including dollies) to handle any vehicle (except large
trucks) involved in accidents. Each tow truck must be
equipped with a mechanical or hydraulic gearbox hookup for
maximum pulling and hoisting power (minimum 8,000 lbs. boom
and 8,000 lbs. hoist). ELECTRICAL HOOKUPS ARE NOT ALLOWED.
Also, tow trucks with only a rollback will not be approved.
Companies presently on the approved tow list that have only a
rollback will be given a time period of six months to acquire
an approved tow truck or be removed from the approved list.
All deletions, additions and replacements of equipment will be
reported to the police department immediately so reinspection
can be performed. Trucks and equipment will be inspected by
a member of the police department to insure that all
requirements are met. Thereafter, periodic inspections will
be conducted.
3. Every tow truck service must show proof of insurance as
specified by Section 18-55.1 of the Code of the City of
virginia Beach, virginia.
4. In addition to the required standard lighting, each tow truck
will be equipped with a flashing blinking. or alternating
(rotating) amber light(s) as requi@ed by Section 46.2-1025 of
the Code of Virginia. As required by the Code of the City of
Virginia Beach, Section 21-423 (as recently amended) , each tow
truck is required to have permanently mounted signs or have
signs painted directly on the sides of the vehicle. Non-
permanent magnetic signs are not acceptable. Letters must be
tWo (2) inches in height. Signs must state business name,
address and phone number.
low truci o;@r@tors w 'Iii f or t@8 r8iovil Of Ill
r6luirE@
Of t@@ @@@ of
ibW iruc@ must be equipped with a broom, shovel, and a bag of
"Quick-Dry." In the event two or more tow trucks are on the
scene, cooperation from all drivers is necessary for clean-up
operations. If all other tow trucks have left the scene, the
last operator will be responsible for cleaning up.
6. Tow truck operators must posses a valid operators license or
a commercial license for tow trucks over 26,000 lbs. total
weight. It is imperative that operators be sober, reliable
and responsible in the operation of their equipment.
7. Tow truck operators will not cruise within the city for the
purpose of soliciting business. However, if a driver is on a
call and is requested by a citizen for assistance, the driver
may take the assignment after notifying the police dispatcher
that he is out of service.
8. Tow truck operators will not remove any vehicle(s) from the
scene until directed to do so by the investigating officer or
his designee.
9. The police department requires that a locked, fenced compound
be provided for security of stored vehicles (6-foot chain link
fence with barbed wire across the top unless prohibited by
zoning ordinances) . This compound must be located on the same
property as the business. Satellite storage compounds will
not be approved. (Companies approved to operate with satellite
storage areas under an revious
5. Tow truck operators will be responsible for the removal of all
debris, oil and gas spills from the scene before departing as
required by Section 18.1-324 of the Code of virginia. Each
tow truck must be equipped with a broom, shovel, and a bag of
"Quick-Dry." In the event two or more tow trucks are on the
scene, cooperation from all drivers is necessary for clean-up
operations. If all other tow trucks have left the scene, the
last operator will be responsible for cleaning up.
6. Tow truck operators must posses a valid operators license or
a commercial license for tow trucks over 26,000 lbs. total
weight. It is imperative that operators be sober, reliable
and responsible in the operation of their equipment.
7. Tow truck operators will not cruise within the city for the
purpose of soliciting business. However, if a driver is on a
call and is requested by a citizen for assistance, the driver
may take the assignment after notifying the police dispatcher
that he is out of service.
8. Tow truck operators will not remove any vehicle(s) from the
scene until directed to do so by the investigating officer or
his designee.
9. The police department requires that a locked, fenced compound
be provided for security of stored vehicles (6-f oot chain link
fence with barbed wire across the top unless prohibited by
zoning ordinances) - This compound must be located on the same
property as the business. Satellite storage compounds will
not be approved. (Companies approved to operate with satellite
storage areas under any previous agreement will be
"grandfathered"). The storage area must comply with zoning
ordinances of the City of Virginia Beach.
10. The storage yard must be located at the same location as the
place of business. There shall be a sign prominently
displayed specifying towing and storage rates. There must be
a permanently heated building with at least one bay of
sufficient size to accommodate making minor repairs to a
vehicle, i.e., a flat tire, pulling a fender away from a
wheel, or replacing a headlight. In addition, the building is
also required to have a clean public rest room and a public
telephone available for local calls (a pay telephone will
suffice).
(2)
If an attendant is not on duty 24 hours a day, 7 days a week
to return vehicles upon the payment of towing and storage
fees, a sign must be posted listing a telephone number where
the owner, manager or attendant can be reached anytime so a
towed vehicle can be reclaimed by its owner in a minimum
amount of time not to exceed two (2) hours. The phone number
for the police dispatchers, 427-5616, also must be posted.
Security for each storage yard shall be reasonable for
protection of all vehicles.
11. Tow truck operators will respond promptly when summoned. If
prompt response is not possible, the police dispatcher will be
notified immediately or at the time the call is received. A
reasonable response time would be no longer than 15-20 minutes
for night calls. Exceptions may be made for rural areas and
other extenuating circumstances. However, these times will be
considered standard for response. For this reason, it is
necessary that operators or their employees live in close
proximity to the place of business and the location where the
wrecker is needed. This is the deciding factor used to
determine which tow company is called. The importance of
prompt response cannot be over emphasized. If an ETA is
requested by the officer or dispatcher give the time the tow
truck is leaving and the approximate time expected to arrive
on the scene.
12. Tow truck operators will not accept a call from the police
dispatcher and then give the call to another business.
However, if one company is using another company's equipment
the police and the citizen involved must be advised of the
other company that is involved.
13. Any tow truck operator who is unable to accept calls for any
period longer than two (2) hours shall notify the dispatcher
that his service will be unavailable for such period. He must
also advise the dispatcher when service is reinstated. it
will not be necessary to notify the dispatcher each time your
tow truck goes on a call other than police calls, unless the
vehicle is going to be tied up for more than two hours.
14. Companies will provide 24 hour service for towing of vehicles,
and for the release of vehicles they have in their possession.
In the event that the towed vehicle is to be stored anywhere
other than the operators place of business, such location must
be in the City of Virginia Beach and reasonably located to the
business to allow customers to recover their vehicles without
undue inconvenience to them. Operators shall notify the
dispatcher of the exact location the towed vehicle is to be
stored if it is being stored at a location other than his
place of business.
(3)
15. Companies will notify the Communications Division and the SPOT
Bureau of any change in their telephone number. Numbers must
be kept current at all time. No recorders, answering services
or pagers will be accepted.
16. When any tow truck operator removes any vehicle from private
property, the property address, and all data relating to make,
model, color and license number as well as VIN number of the
vehicle will be immediately called in to the dispatcher.
17. It will be mandatory that each tow truck operator submit each
Saturday a list of all vehicles towed at the request of the
Police Department which are still in custody and on which you
have not been contacted either by the owner or owner's
representative. This list is to be mailed to the following:
Major J. J. Waterfield
Commanding officer
CommunicationS DiVision
Virginia Beach Police Department
Municipal Center
virginia Beach, VA 23456
This vehicle data will be placed on forms supplied by the
Police Department. When additional forms are needed, contact
the Police Communications Division at 427-5616.
The above is necessary so that vehicle owners will not be
charged excessive storage fees without their knowledge, and to
keep from tying up your storage lots unnecessarily.
From the information you submit on these vehicles, the owner
will be notif ied by registered mail of the location of the
vehicle, and this information will be made available to you.
These rules and regulations are in the best interest of the
citizen, the tow truck operator, and the City of Virginia
Beach. They are subject to change upon thirty (30) days
notice to all companies on the police wrecker list.
Adherence to these rules and regulations does not exempt any
tow service operator from complying with Chapter 21, Article
XI, Division 3 of the Code of the City of Virginia Beach,
Virginia and any applicable state laws that regulate tow
service operations.
(4)
APPROVED. I - IY/L-
Spore u
Da to
Approved as to Content:
(I " g (,t)lto
CharlOo R. Wall
Chief of Police
iciency:
Law Department
(5)
1 AN ORDINANCE TO AMEND AND "ORM
2 REORDAIN SECTION 21-378 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, BY ADDING cirf y
5 SECTION (H) AUTHORIZING THE
6 CHIEF OF POLICE TO IMPOSE
7 ADDITIONAL STORAGE LOT
8 REQUIREMENTS PERTAINING TO
9 REMOVAL, STORAGE AND SALE OF
10 CERTAIN UNATTENDED VEHICLES.
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That Section 21-378 of the Code of the City of Virginia
14 Beach, Virginia, is hereby amended and reordained to read as
15 follows:
16 Section 21-378. Removal, storage and sale of certain unattended
17 vehicles - Generally.
18 (a) Whenever any motor vehicle, trailer or semitrailer is
19 found on the public streets or public grounds unattended by the
20 owner or operator and constitutes a hazard to traffic or is parked
21 in such manner as to be in violation of law, or whenever any motor
22 vehicle, trailer or semitrailer is left unattended for more than
23 ten (10) days upon any public property or privately owned
24 property, other than the property of the owner of such motor
25 vehicle, trailer or semitrailer, within the city, or is abandoned
26 upon such public property or privately owned property, without the
27 permission of the owner, lessee or occupant thereof, any such
28 motor vehicle, trailer or semitrailer may be removed for
29 safekeeping, by or under the direction of a police officer, to a
30 storage garage or area; provided, however, that no such vehicle
31 shall be so removed from privately owned premises without the
32 written request of the owner, lessee or occupant thereof.
33 (b) The person at whose request motor vehicle, trailer or
34 semitrailer is removed from privately owned property pursuant to
35 this section shall indemnify the city against any loss or expense
36 incurred by reason of the removal, storage or sale thereof.
37 (c) For the purposes of this section, it shall be presumed
38 that a motor vehicle, trailer or semitrailer or part thereof is
39 abandoned, if it lacks either a current state license plate, a
40 current county, city or town plate or sticker or a valid state
41 inspection certificate or sticker and has been in a specific
42 location for ten (10) days without being moved.
43 (d) Each removal under this section shall be reported
44 immediately to the chief of police, who shall give notice to the
45 owner of the motor vehicle, trailer or semitrailer as promptly as
46 possible. The owner of such vehicle, trailer or semitrailer,
47 before obtaining possession thereof, shall pay to the city all
48 reasonable costs incidental to the removal, storage and locating
49 the owner of the vehicle, trailer or semitrailer. Should such
50 owner fail or refuse to pay the costs or should the identity or
51 whereabouts of such owner be unknown and unascertainable, after a
52 diligent search has been made and after notice to him at his last
53 known address and to the holder of any lien of record in the
54 office of the division of motor vehicles in Virginia against the
55 motor vehicle, trailer or semitrailer, the chief of police may,
56 after holding the motor vehicle, trailer or semitrailer forty (40)
57 days and after due notice of sale, dispose of the same at public
58 sale and the proceeds from the sale shall be forwarded by the
59 chief of police to the city treasurer; provided that, if the value
60 of such motor vehicle, trailer or semitrailer is determined by
61 three (3) disinterested dealers or garagemen to be less than one
62 hundred fifty dollars ($150.00), which would be incurred by such
63 advertising and public sale, the vehicle may be disposed of by
64 private sale or junked. The treasurer shall pay from the proceeds
65 of sale the cost of removal, storage, investigation as to
66 ownership and liens and notice of sale, and the balance of such
67 funds shall be held by him for the owner and paid to the owner
68 upon satisfactory proof of ownership.
69 (e) If no claim has been made by the owner for the proceeds
70 of asale under this section, the remaining funds may be deposited
71 to the general fund or any special fund of the city. Any such
2
72 owner shall be entitled to apply to the city within three (3)
73 years from the date of such sale, and if timely application is
74 made therefor, the city shall pay the same to the owner, without
75 interest or other charges. No claim shall be made nor shall any
76 suit, action or proceeding be instituted for the recovery of such
77 funds after three (3) years from the date of such sale.
78 (f) Any personal property found in any unattended or
79 abandoned motor vehicle, trailer or semitrailer may be sold
80 incident to the sale of such vehicle pursuant to this section.
81 (g) In enforcing this section the police department shall
82 not utilize any tow truck service which is not in full compliance
83 with the requirements of division 3 of this article.
84 (h) The chief of Police is authorized to adopt, with the
85 approval of the city manager, additional requirements for towina
86 services related to the safety and convenience of Persons whose
87 vehicles are towed in accordance with this section.
88 Adopted by the Council of the City of Virginia Beach,
89 Virginia on the h day of Novemhpr 1990.
90 CA-3933
91 \ordin\proposed\21-378.pro
92 R-2
3
- 29 -
Item V-K.2
CONSENT AGENDA ITEM # 33734
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED, AS AMENDED:
Ordinance to AMEND and RECRDAIN Chapter 31 of the
Code of the City of Virginia Beach, Virginia, by
ADDING Article V re solid waste recycling reports.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN
2 CHAPTER 31 OF THE CODE OF TME CITY
3 OF VIRGINIA BEACH, VIRGINIA, BY
4 ADDING A NEW ARTICLE V PERTAINING TO
5 SOLID WASTE RECYCLING REPORTS
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Chapter 31 of the Code of the City of Virginia
9 Beach, Virginia, is hereby amended and reordained by adding a new
10 Article V to read as follows:
11 ARTICLE V. SOLID WASTE RECYCLING REPORTS
12 See. 31-69. Definitions.
13 For purposes of this chapter, the following words shall
14 have the meaning resnectively ascribe to them.,
15 (a) "Person" shall mean any nonresidential generator of
16 solid waste and any individual, firm. comoanv, corporation or
17 association that collects, transports, processes, rnan or
18 recvcles solid waste.
19 (b) "Recyclell shall mean to sell. donate, or otherwise
20 transfer solid waste material to any other person located outside
21 the city so that such waste material may be processed and used
22 again as a raw material for a product which may or mav not be
23 similar to the oriainal Droduct; and/or to process a given waste
24 material at a location within the City of Virginia Beach so that
25 such material mav be used aaain as a raw material f roduct
26 which inav or nay not be similar to the original T)rod.uct.
27 Sec. 31-70. Annual report recruired,
28 (a) Each person located within the city who recycles
29 solid waste shall submit an annual ret)ort to the dey)artment of
30 public works/solid waste division.
31 (b) The annual report shall cover the twelve (12) month
32 period beginning January 1 and ending D6cember 31, and shall be
3 3 submitted not later tban twenty (20) days from the end of such
34 iod.
35 See. 31-71. Inforn d.
36 The annal r. ,t re uird b thi. ha ter shall in,-lud.
37 the followinc
38 (a) The naine. address an
39 iperson on whc report i
40 (b) The name, address and le hone number Of an
41 individual who ma be contacted on behalf of such erso- and
42 (c) The total guantity of solid
43 person during the twelve riod.
44 See. 31-72. method of measuremen.t.
45 All quantities of solid was d
46 hereunder e to
47 accurately determine quantit
48 reported based upon carel d data. Each reidort shall
49 identify..all information which is.
50 Sec. 31-73. Proprietary in ormation-
51 Nothing in this article shall be construed e uire
52 any person to report information of a nature. Where
53 any person fails to reidort any information otherwise recruired
54 hereunder based upon a determination that such information is of
55 a V)roprietary nature, the lperson shall specify in the annual
56 report the nature of the information withheld and the basis for
57 the determination that such inforination is of a Drourietarv
58 nature.
59 Sec. 31-74. consolidated report.
60 Any person who recycles solid waste at or from locations
61 both within and without the city and is not reason ble to
62 identify the quantity of solid waste recycled at or from each
63 location may submit a consolidated report. Any such consolidated
64 report shall state that it reflects quantities of solid waste
65 recycled at or from all locations of the person within the citv.
2
66 Sec. 31-75. Report forms.
67 The city may Prepare forms to be used bV anV Person
68 :)rt under t
69 shall be available at the office of the waste inanagement dilvisiion
70 of the department of publ c works.
71 Adopted by the Council of the City of Virginia Beach
72 this day of November 1990.
73 CA-3999
74 \Ordin\Noncode\recycle.ord
75 R-2
3
- 30 -
Item V-K.3
CONSENT AGENDA ITEM # 33735
Frank] In R. Bowers, Vice President/General Manager, Cox Cable Hampton Roads,
Inc., responded to Councilman Lanteigne's inquiries.
Upon motion by Councilman Baum, seconded by Councilman Heischober, City
Council ADOPITED, AS AMENDED:
Ordinance granting a five-year lease of City-owned
property In the Blackwater Borough to Cox Cable
Hampton Roads, Inc. for construction and operation
of a communications tower, at the intersection of
Indian Creek and Blackwater Roads, conditioned upon
the execution of a lease agreement and the terms
and conditions thereof.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne
Council Members Absent:
None
Cuii
CITY
1 AN ORDINANCE GRANTING A FIVE-YEAR LEASE OF
2 CITY PROPERTY TO COX CABLE HAMPTON ROADS,
3 INC. FOR THE CONSTRUCTION AND OPERATION OF A
4 TOWER CONDITIONED UPON ITS EXECUTION OF A
5 LEASE AGREEMENT AND UPON ITS COMPLIANCE WITH
6 THE TERMS AND CONDITIONS THEREOF
7 WHEREAS, the city is the owner of a tract of land consisting
8 of five (5) acres located in the Blackwater Borough of the City
9 at the intersection of Indian Creek and Blackwater Roads;
10 WHEREAS, Cox Cable Hampton Roads, Inc. (hereinafter "Cox
11 Cable") has approached the City and has requested permission to
12 lease approximately one thousand five-hundred and seventy-five
13 (1575) square feet of the five-acre tract for the purpose of
14 constructing and operating an antenna tower;
15 WHEREAS, Cox Cable will be required to obtain all necessary
16 federal, state and local permits and/or authorizations prior to
17 its construction and operation of the tower;
18 WHEREAS, once the tower is constructed, it will be owned by
19 the City who will be able to use the tower in any manner not
20 inconsistent with Cox Cable's use of the tower for its cable
21 television system;
22 WHEREAS, use of the tower by the City will enable it to
23 enhance its communications abilities;
24 WHEREAS, use of the tower by Cox Cable will enable it to
25 provide cable television services to residents of the Blackwater
26 Borough; and
27 WHEREAS, City staff has recommended the grant of a lease to
28 Cox Cable conditioned upon its execution of and compliance with
29 the terms and conditions of a lease agreement.
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
31 CITY OF VIRGINIA BEACH, VIRGINIA:
32 1. That a one thousand five-hundred and seventy-five
33 (1575) square foot portion of a five-acre parcel of City-owned
34 property located in the Blackwater Borough of the City at the
35 intersection of Indian Creek and Blackwater Roads (more
36 particularly described on Exhibit A attached to the Lease
37 Agreement) is hereby leased to Cox Cable Hampton Roads, Inc. for
38 a term of five (5) years, commencing on January 1, 1991, and
39 ending on December 31, 1996.
40 2. That the grant of the lease is hereby conditioned
41 upon Cox Cable's execution of, and compliance with the terms and
42 conditions of, the attached Lease Agreement.
43 Adopted this 20 day of November 1990, by the
44 Council of the City of Virginia Beach, Virginia.
45 CA-4000
46 noncode/cox.ord
47 Rl
2
LEA E AGREEMENT
THIS LEASE AGREEMENT is entered into this day of
I 19 _, by and between the CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter referred to as "LESSOR" and COX CABLE
VIRGINIA BEACH, INC., hereinafter referred to as "LESSEE."
WITNESSETH, that for and in consideration of the mutual
covenants set forth herein, and for other good and valuable
consideration the receipt of which is hereby acknowledged, LESSOR
does hereby lease, demise and let unto LESSEE the below-described
property in accordance with the following terms and conditions:
1. Premises. The property (hereinafter referred to as
"Premises") to be leased to LESSEE shall be that shaded area
consisting of approximately one thousand five hundred and seventy-
five (1575) square feet as shown on Exhibit A which is attached
hereto and incorporated by reference.
2. Use of Premises. LESSEE shall erect, install and
maintain at no cost to LESSOR an antenna tower, its transmission
line or wave guide, and transmitter and receiver on the Premises.
Thereafter, LESSEE shall have the right to attach to said tower
such equipment as it deems necessary for the operation of its cable
television business, together with the right to use existing
rights-of-way and roads under the possession, control, or ownership
of LESSOR, which are necessary for access to said tower. Said
tower shall become a fixture to the Premises and all title and
interesE therein shall immediately vest in LESSOR. Notwithstanding
the above, no equipment shall be attached to the tower without the
prior written approval of LESSOR, which approved shall not be
unreasonably withheld. Furthermore, during the term hereof, LESSEE
shall have the exclusive right to attach cable television equipment
to the tower.
3. Term. The term of the lease shall be for a period of
five (5) years, commencing on January 1, 1991, and terminating on
December 31, 1996.
4. Rent. The Premises shall be leased to LESSEE at a cost
of ONE DOLLAR ($1.00) per year which shall be paid in full for the
entire term of the Lease upon execution of this Agreement.
5. Installation of Equipment
a. During the term of this lease, LESSOR may install
such ancillary equipment on the tower as may be approved by LESSEE,
which approval shall not be unreasonably withheld.
b. LESSOR shall be responsible for taking such steps
as may be necessary to prevent any interference or spurious
radiation with any facilities of LESSEE on the tower caused by
LESSOR'S transmission or other activities on the tower. If such
interference or spurious radiation cannot be reduced to levels
reasonably acceptable to LESSEE, LESSEE may elect to have LESSOR'S
equipment removed from the tower.
C. LESSEE shall provide LESSOR with a copy of the
engineering section of its FCC construction permit.
d. LESSEE agrees that the construction and installation
shall be done in a neat, workmanship-like manner. All costs of the
construction and installation shall be assumed by LESSEE.
2
e. The following specifications regarding installation
shall be followed:
(1) Antenna brackets must be approved by LESSEE.
(2) Rustproof hardware shall be used.
(3) No painting of any hardware or brackets shall
be permitted.
(4) No drilling or welding to any part of the tower
shall be permitted.
(5) All rustable material, including bolts, nuts
and washers, must be hot-dipped and galvanized.
(6) No electronics shall be installed on the tower.
(7) Base cabinets shall be identified with a
weather-proof label on which the licensee's name, address,
telephone number and call letters have been inscribed .
(8) LESSEE shall be provided with a key to all
exterior locks and alarm controls and LESSOR hereby grants LESSEE
the right to perfo= all accessary maintenance on LESSEE'S
equipment.
(9) The antenna shall be identified by a metal tag
fastened securely to its bracket on the tower at the antenna level
so that maintenance men will know the ownership of each antenna
system. The metal tag shall contain the following information:
a. Antenna: Make Model Size or
Dia. Ht. Above Grnd Dia. of Main
Pole Windloading Pounds at 110
3
Miles/hr. Ant. Brackets Make
Model
b. Transmission Line: Make Type
Dia. outer Mat'l Rigid
Flexible
C. Transmission and Receiver:
Transinitter Make Transinission model
Rated Output Output Power Transmit
Watts Input Power (AC), Receive
Watts.
d. Frecfuency: Transmit Receiver
AM Other
6. Access. LESSOR grants to LESSEE the right of ingress
and egress across LESSOR'S property for the purpose of such access
to Premises as may be necessary for LESSEE to construct the tower
and install, maintain, inspect, repair and remove its equipment.
This right shall include the temporary use of an access to LESSOR'S
adjacent property when reasonably necessary, provided that any
damage to LESSOR'S property or improvements shall be repaired at
LESSEE'S expense.
7. Utility Lines. LESSEE shall be responsible for procuring
all power and telephone facilities to the Premises. LESSEE shall
also be responsible for its electrical and telephone service
charges.
4
8 Maintenance. LESSEE, at its own expense, shall maintain
the tower in accordance with reasonable engineering standards to
assure that at all times LESSEE'S property and its operation are
in conformance with the requirements of the Federal Communications
Commission and all other public authorities with jurisdiction over
LESSEE. LESSOR shall be responsible for the repair and maintenance
of any equipment placed on or about the tower by LESSOR or by a
third party on LESSOR'S behalf.
9. Permits, Licenses, etc. LESSEE shall be responsible for
obtaining any and all federal, state and local permits, licenses
and/or other authorizations necessary for the exercise of its
rights or the performance of its obligations hereunder.
10. Authorized Use. LESSEE covenants that the Premises shall
not be occupied during the term hereof for any purposes usually
denominated extra-hazardous, as to fire, by insurance companies.
It is further agreed and covenanted that the Premises shall be used
solely for the purposes of the installation of the tower and
equipment for the transmission via microwave of a clean signal of
the programming broadcast over the air by cable television signals
and other uses associated with LESSEE'S cable television system,
and shall be part of a system to deliver said signal exclusively
on the Cox Cable Hampton Roads, Inc. cable television system, and
that said equipment installed on or in said Premises shall be used
solely by the LESSEE, its servants, agents and employees.
11. Assignment. LESSEE shall not assign, sublet, or transfer
this Lease without prior written consent of LESSOR. Nothing herein
5
shall preclude the sale by LESSOR of all or any portion of its
property, including the Premises, provided that this Lease shall
be binding upon LESSOR'S successors and/or assigns for the term
hereof.
12. Defaul b Lessee. If LESSEE defaults in payment of rent
or under any other provision of this Lease Agreement and such
default is not cured within thirty (30) days after receipt of
written notice of such default from LESSOR, LESSOR may terminate
this Lease Agreement upon thirty (30) days written notice. In such
event LESSOR shall have the right to remove LESSEE'S equipment from
the tower without prejudice to any other remedies which might be
otherwise available to LESSOR. Any necessary and reasonable
attorney's fees and costs necessitated by breach of any term,
condition and covenant of this Lease shall be paid by the
defaulting party.
13. Liens. If any mechanic's, laborer's, materialmen's or
other liens shall at any time be filed against the Premises or the
tower as a result of LESSEE'S occupancy or construction thereof,
LESSEE shall, within thirty (30) days after such lien is nade or
filed cause the same to be discharged on record by payment, order
of a court of competent jurisdiction or otherwise. Notice is
hereby given that LESSOR shall not be liable for any labor or
materials furnished to LESSEE and no mechanic's or other lien shall
attach to or affect the reversionary or other estate or interest
of LESSOR in and to the property leased herein.
6
14. Indemn fication. LESSEE hereby agrees to indemnify and
save harmless LESSOR, its officers, empl6yees, agents and assigns,
from and against any and all claims, demands, suits, actions,
recoveries, judgments, costs and expenses, brought or obtained on
account of the loss of life or property, or injury or damage to the
person or property of any person or persons whomsoever, which loss
of life or property, or injury or damage to persons or property
shall be due to or arise out of, result from, or be in any way
connected with this Lease or any work done hereunder, excluding
the actions of LESSOR and its agents, and employees, or others
granted access to the Premises by LESSOR, and provided said actions
of LESSOR are within its complete control.
15. Insurance. LESSEE shall, at all times during the term
hereof, maintain valid insurance policies with insurance companies
satisfactory to the City, including but not limited to the
following:
a. Worker's compensation insurance in amounts and in
all other respects in accordance with the laws of the Commonwealth
of Virginia;
b. General liability insurance under a comprehensive
general liability policy including contractual liability, products
and completed operations liability, and all other coverage
necessary to protect LESSEE, its officers, employees, agents,
assigns, and successors, and LESSOR for all operations associated
with this Lease, whether incidental or not, in an amount no less
than $1,000,000 combined single-limit for claims arising out of the
7
operations of the LESSEE under this Lease. Such insurance shall
include any liability assumed by LESSEE under this Agreement and
shall name both LESSEE and LESSOR as insureds, as their interest
may appear, and shall provide for full limits of recovery including
all legal costs regardless of any similar or other insurance which
either party may have in effect; and
C. Automobile liability insurance covering the
operation by LESSEE of any owned, hired, and/or nonowned vehicles
at limits of not less than $500,000 combined single-limit.
On or before January 1, 1991, and at least ten (10) days prior
to the renewal date of any such insurance policies, LESSEE shall
provide LESSOR'S Risk Manager originals of such policies or a
certificate of insurance from the respective insurers attesting the
fact that such insurance is in full force and effect. Such
insurance shall be in form, substance, and coverage satisfactory
to LESSOR. Such insurance policy shall require the insurer to
provide thirty (30) days written notice to LESSOR prior to the
cancellation of all or any part of such insurance.
16. Notices. The office of the City Manager is hereby
designated as the City department responsible for administering the
provisions of this Agreement. Nothing contained herein, however,
shall preclude the City from designating other City departments or
employees as agents to enforce the provisions of this Agreement.
All notices required or permitted by any provisions of this
Agreement shall be in writing and shall be deemed given when hand-
8
delivered or sent by registered or certified mail and addressed as
follows:
From LESSEE To LESSOR:
office of the City Manager
Municipal Center
Virginia Beach, Virginia 23456
To LESSEE:
Franklin R. Bowers
vice President/General Manager
Cox Cable Hampton Roads, Inc.
5200 Cleveland Street
Virginia Beach, Virginia 23462
Either party may at any time, or from time to time, designate
in writing a substitute address for the addresses set forth above,
and thereafter notices shall be directed to such substitute
address.
17. Governing Laws. This Agreement is entered into and is
intended to be performed in Virginia, and the validity,
enforceability, interpretation, and construction hereof shall be
determined and be governed by the laws of the Commonwealth of
Virginia.
18. Entire Agreement. This Agreement contains the entire
agreement between the parties hereto and supersedes any prior or
contemporaneous negotiations, understandings, and agreements,
written or oral, between the parties. This Agreement shall not be
amended or modified, and no waiver of any provision herein shall
be effective unless such amendment, modification, or waiver is set
forth in a written instrument authorized and executed with the same
formality as this Agreement.
9
19. Ecrual Emvlovment. During the term of this Lease, LESSEE
agrees as follows:
a. LESSEE shall not discriminate against any employee
or applicant for employment because of race, religion, color, sex,
national origin, or handicap except where religion, sex, national
origin or handicap is a bona fide occupational qualification
reasonably necessary to its normal operation. LESSEE, agrees to
post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this
nondiscrimination clause.
b. LESSEE, in all solicitations or advertisements for
employees placed by or on behalf of LESSEE, shall state that LESSEE
is an equal opportunity employer.
C. Notices, advertisements, and solicitations placed
in accordance with federal law, rule, or regulation shall be deemed
sufficient for the purpose of meeting the requirements of this
section.
20 SeverabilitV Clause. In the event any provision or
provisions of this Agreement are determined to be void, ultra
vires, or otherwise unenforceable by a court of competent
jurisdiction, the remaining portions of this Agreement shall
continue in full force and effect.
10
IN WITNESS WHEREOF, the following signatures and seals.
CITY OF VIRGINIA BEACH, VIRGINIA
By
City Manager
ATTEST:
City Clerk
COX CABLE VIRGINIA BEACH, INC.
By
Vice-President
ATTEST:
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 1990, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of 1990.
Notary Public
My Commission Expires:
11
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and for the City and State aforesaid, do hereby certify the RUTH
HODGES SMITH, city Clerk for the CITY OF VIRGINIA BEACH, whose name
is signed to the foregoing Agreement bearing date on the day
of 1 19 _, has acknowledged the same before me
in my City and State aforesaid.
GIVEN under my )aand this _ day of 1990.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
I Vice-President for COX CABLE VIRGINIA
BEACH, INC., whos@ name is signed to the foregoing Agreement
bearing date on the day of 1 19 90, ha
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of 1990.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
12
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and f or the City and State aforesaid, do hereby certify that
I for COX CABLE
VIRGINIA BEACH, INC., whose name is signed to the foregoing
Agreement bearing date on the _ day of 1 19
1 has acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this _ day of 1990.
Notary Public
My Commission Expires:
13
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- 31 -
Item V-K.4
CONSENT AGENDA ITEM # 33736
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED, Upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $10,000 from
the State Department of Mental Health, Mental
Retardation and Substance Abuse Services to
MH/MR/Substance Abuse Special Revenue Fund.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $10,000 FROM THE STATE DEP TMENT
3 FOR MENTAL HEALTH, MENTAL RETARDATION AND AR
4 SUBSTANCE ABUSE SERVICES
5
6 WHEREAS, the Department of Mental Health/MentalRetardation/Substance
7 Abuse Services (MH/MR/SAS) received a planning grant in FY 88/89 under
8 PL 99-457 from the State Department of Mental Health, Mental Retardation, and
9 Substance Abuse Services to develop services for birth through age two children
10 with special developmental needs;
11 WHEREAS, MH/MR/SAS Infant Stimulation Program collaborates with the
12 Southeastern Virginia Training Center's Early Childhood Program fot- home-based
13 and diagnostic services and with the Virginia Beach Public Schools to transiilion
14 children from the Infant Stimulation Program into the Special Education
15 Preschool Program;
16 WHEREAS, MH/MR/SAS has been notified that a third year planning
17 allocation in the amount of $10,000 has been approved;
18 WHEREAS, these funds will be used to purchase additional professional
19 staff hours devoted to planning the program and training of staff and there will
20 be no addition of positions to MH/MR/SAS;
21 WHEREAS, these funds do not require any city funds as a match;
22 NOW, THEREFORE, BE IT ORDAINEO BY THE CITY COUNCII. OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 That funds in the amount of $10,000 from the State Department of Mental
25 Health, Mental Retardation, and Substance Abuse Services be accepted and
26 appropriated to the Mental Health/Mental Retardation/Substance Abuse Special
27 Revenue Fund and that revenue from the Commonwealth be increased by $10,000.
28 This ordinance shall be in effect from the date of its adoption.
29 Adopted by the Council of the City of Virginia Beach, Virginia on the
30 20 day of November
1990.
31 First Reading ovember 13, 1990
32 Second Reading November 20, 1990
- 32 -
I tem V-K. 5
CONSENT AGENDA ITEM # 33737
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRSTREADING:
Ordinance to APPROPRIATE $30,000 from DEA Shared
Proceeds program to FY 1990-91 Budget for purchase
of microcomputer hardware and software re aid In
criminal Investigations and prosecutions.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lantelgne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE @30,000 FROM DEA SHARED
2 PROCEEDS TO THE FY90-91 OPERATING BUDGET FOR THE
3 PURCHASE OF MICROCOMPUTER HARDWARE AND SOFTWARE TO
4 AID IN CRIMINAL INVESTIGATIONS AND PROSECUTIONS
5 WHEREAS, criminal investigations by the Police Department and cri.in@l
6 prosecutions by the Commonwealth's Attorney's Office from narcotics related
7 activities are increasing;
8 WHEREAS, additional microcomputer hardware and software will aid in these
9 investigations and prosecutions by improving case screening ability, providing
10 high quality visual presentations in court, and allowing for more timely and
11 improved communications between the Police Department and the Commonwealth's
12 Attorney's Office;
13 WHEREAS, the cost of the microcomputer hardware and software is estimated
14 to be approximately $30,000;
15 WHEREAS, there are sufficient funds available from the U. S. Department
16 of Justice Drug Enforcement Agency as the city's share of proceeds from
17 confiscated money and property as a result of narcotics investigations;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
19 VIRGINIA, that funds in the amount of $30,000 from the DEA Shared Proceeds
20 Program be appropriated to the FY90-91 Budget for the purchase of microcomputer
21 hardware and software to aid in criminal investigations and prosecutions.
22 Adopted the _ day of 1990, by the Council of the City of
23 Virginia Beach, Virginia
24 This ordinance shall be in effect from the date of its adoption.
November 20, 1990
25 First Reading:
26 Second Reading:
- 33 -
Item V-K.6
CONSENT AGENDA ITEM # 33738
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council DEFERRED until the City Council Session of December 11, 1990:
Ordinance to TRANSFER $149,970 from Regional Jail
Study Program to Tax Exemption program for the
Elderly and Disabled.
Arthur L. Collins, Executive Director - Hampton Roads Planning District
Commission will provide information to City Council relative this study.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 34 -
Item V-K.7
CONSENT AGENDA ITEM # 33739
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED:
LOW BID:
VICO CONSTRUCTION Sanitary Sewer Rehabilitation $295,783.70
CORPORATION Beach Borough, Phase III
(CIP 6-815)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 35 -
Item V-K.8
CONSENT AGENDA ITEM # 33740
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance authorizing Special Tax Refunds in the
amount of $29.2511 upon application of certain
persons and upon certification of the Commissioner
of the Revenue.
*The City Clerk advised this amount was incorrectly listed on the agenda as
$271.25, which was actually the year-to-date special tax refunds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FMM NO. C.& 0 REV. 3W
SPECIAL TAX
AN ORDINANCE AUTHORIZING REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Lighthouse Realty of Virginia N/A 9/20/90 650.00 650.00
112 East Little Creek RDad
Suite 206 August 1990 Actual Tax Due: 29.25 29.25
%rfolk, VA 23509- Tax Paid: 58.50 58.50
Amomt Overpaid: 29.25 29.25
TOTAL DUE: $29.25
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling .25 were approved by the Council
of the City of Virginia Beach on the 20 day of November .19 90
Ruth Hodges Smith
City Clerk
- 36 -
Item V-K.9
CONSENT AGENDA ITEM # 33741
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$513.02 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO. C.A. 7 11/2/90 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Y ear of Tax Number tion No. P .id
Barbara S Young 86 RE(1/2) 108825-1 12/5/85 5.12
Barbara S Young 86 RE(2/2) 108825-1 6/5/86 5.12
Barbara S Young 87 RE(1/2) 115399-1 12/5/86 5.12
Barbara S Young 87 RE(212) 115399-1 6/5/87 5.12
Barbara S Young 88 RE(1/2) 120329-5 12/5/87 5.61
Barbara S Young 88 RE(2/2) 120329-5 6/5/88 5.61
Barbara S Young 89 RE(1/2) 123964-8 12/5/88 5.86
Barbara S Young 89 RE(2/2) 123964-8 6/5/8Q 5.86
Meritbanc Mortgage 90 RE(1/2) 000808-5 12/1/89 333.67
George M Jessie Mae Moose 90 RE(2/2) 079150-3 6/1/90 19.55
Columbia First Federal S&L 90 RE(2/2) 128718-3 6/5/90 48.86
Cenit Bank 90 RE(2/2) 128853-8 6/5/90 1.52
MCI Telecommunications 90 pp PS-TP6 6/5/90 46.00
Mathew W Werth N/A Pkng 325489 10/30/90 20.00
Total 513.02
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
.02 were approved by
the Council of the City of Virginia
Beach on the. 20day of November
Approved as to form:
Ruth Hodges Smith
City Clerk
Leslie L. Lilley, City Aft
o,
- 37 -
Item V-K.10
CONSENT AGENDA ITEM # 33742
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance authorizing License Refunds in the
amount of $18,046.18 upon application of certain
persons and upon certification of the Commissioner
of the Revenue for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FMM 140. C.A. 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon cetlification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Vivian Enterprises 1989 Audit 43.28 43.28
T/A The Magic Comb
5717 Sellger Drive
Norfolk, VA 23502
York Oil Co. 1987-89 Audit 570.87 570.87
T/A Easy Go
P. 0. Drawer L
Hampton, VA 23669
Certified as to Payment:
Robert P. Vaugh
Commissioner of the Revenue
Approved as to forrn:
@esile L. Lilrey
City Attorney
This ordinance shall be effective from dale of
adoption.
The above abatement(s) totaling $ 614.15 were approved by the Council
of the City of Virgin ia Beach on the 90 day of November 90
19
Ruth Hc)dges Smith
City Clerk
MAM NO. C.& 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Peirce, Troy C. & East, Faye H.
T/A A Cut Above 1990 6/22/90 138.00 138.00
Route 1, Box 239-A
Carrollton, VA 23314
Road Runner Chick'n Express Inc.
1327 Destination Lane 1988-89 Audit 198.88 198.88
Virginia Beach, VA 23454
Smith, J. C. 1988-89 Audit 146.76 146.76
T/A East Coast Electronics
220 Gatewood Avenue
Virginia Beach, VA 23454
Certified as to Payment:
o@ert P. Vaughan
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 483.64 were approved by the Council
20 November 90
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
@m NO@ C., a AEV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Morgan, Susan G. 1988-89 Audit 30.00 30.00
T/A S & M Cleaning
1305 Canary Drive
Virginia Beach, VA 23456
Northampton Hotel Associates
T/A Holday Inn Bridge Tunnel Airport
5725 Northampton Blvd. 1989-90 Audit 538.44 538.44
Virginia Beach, VA 23455
Peterson, Connie D. 1989 Audit 87.45 87.45
4641 Priscilla Lane
Virginia Beach, VA 23455
Certified as to Payment:
-Wobert P. Vaughan
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $ 655-89 were approved by the Council
20 November 90
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
FOfIM NO. C.& 8 REV@ 3U
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Stier, Steven L. 1988-89 Audit 88.33 88.33
T/A Inner Mind Dynamics
601 Thalia Road
Virginia Beach, VA 23452
T. J. Berenguer, MD, Ltd. 1990 Audit 6,457.77 6,457.77
T/A Women's Health Care of Tidewater
6160 Kempsville Circle, #201 A
Norfolk, VA 23502
Tracor Applied Sciences, Inc.
6500 Tracor Lane 1989 Audit 3,408.63 3,408.63
Austin, Texas 78725-2050
Certified as to Payment:
Commissioner the enue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption,
The above abatement(s) totaling $ 9,954-73 were approved by the Council
20 November 90
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
FMM NO. C.& 8 REV. &W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Hamblin, Roger L. & Martha
T/A Virginia Country Smokers
3704 Beacon Lane 1988-90 Audit 611.03 611.03
Virginia Beach, VA 23452
Highs Ice Cream Corp. 1989-90 Audit 1,296.44 1,296.44
T/A Highs
1063 West 38th Street
Norfolk, VA 23508
Lund, Inc. 1988-90 Audit 67.48 67.48
T/A Pedal Power
2102 Great Neck S/C
Virginia Beach, VA 23454
Certified as to Payment:
-@6bert P. Vaughan@
Commissioner of the Revenue
Approved as to form:
@eskWL. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,974.95 were approved by the Council
of the City of Virgin ia Beach on the 20 day of November 90
19
Ruth Hodges Smith
City Clerk
MRM NO. C.k 8 REV. &W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applir-ations for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
construction Services & mgmt-
1240 Southfield Place 1988-89 Audit 113.63 113.63
Virqinia Beach, VA 23452
G & M Tile Co., Inc. 1998-89 Audit 43.68 43.68
5520 Hatteras Road
Virginia Beach, VA 23462
GKS, Inc. 1988-89 Audit 54.03 54.03
T/A uncle Al's Famous Ice Cream
1956 Wolfsnare Road
Virginia Beach, VA 23454
Certified as to Payment:
'-@obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Lesire-L. Lille'K
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2 11. 34 were approved by the Council
of the City of Virgin ia Beach on the 20 day of November 19 90
Ruth Hodges Smith
City Clerk
FMM NO, C.& 5 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Cairns, Donald G. DDS 1989 Audit 22.20 22.20
1109 Seldwood Drive
Virginia Beach, VA 23464
Campbell, Gail F. & Hofner, Pamela
T/A For Good measure 1986-90 Audit 88.45 88.45
1092 Blue Castle Lane
Virginia Beach, VA 23454
Colban Corporation 1987-90 Audit 3,519.94 3,519.94
T/A The Marble Factory
506 Viking Drive
Virginia Beach, VA 23452
Certified as to Payment:
Aobert P. Vau6han
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 3 630. 59 were approved by the Council
of the City of Virginia Beach on the 20 day of November .19 90
Ruth Hodges Smith
City Clerk
RAM NO. C.& 8 REV. "6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Al-Del Enterprises, Inc. 1990 Audit 163.17 163.17
T/A Edie Adams Cut & Curl
P. 0. Box 8985
Virginia Beach, VA 23450
Barrow Leavitt, Inc. 1969 Audit 310.48 310.48
T/A Pembroke Aragona Pharmacy
4959 Cypress Point Circle
Virginia Beach, VA 23455
Britos, Faviano G. & Maura G.
T/A Joy's Oriental American Grocery
1001 Aspen Circle 1989 Audit 47.24 47.24
Virginia Beach, VA 23464
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Leslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 520. 89 were approved by the Counci@
of the City of Virginia Beach on the 20 day of November 19 90
Ruth Hodges Smith
City Clerk
- 38 -
Item V-L.I.
APPOINTMENTS ITEM # 33743
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF BUILDING CODE APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY SERVICES BOARD
FELLOWSHIP COMMITTEE
FRANCIS LAND HOUSE BOARD OF GOVERNORS
RESORT AREA ADVISORY COMMISSION
TIDEWATER DETENTION HOME
- 39 -
Item V-L.I.
APPOINTMENTS ITEM # 33743
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
PERSONNEL BOARD
Ruby Christian
For the period of Willie Basnight's Military Service.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
James W. Brazier, Jr. and Paul J. Lanteigne
Council Members Absent:
None
Council Members Brazier and Lanteigne ABSTAINED as they are City employees.
- 40 -
Item V-L.2.
APPOINTMENTS ITEM # 33744
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
TIDEWATER TRANSPORTATION DISTRICT C " ISSION
Dale Castellow, Alternate Member
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 41 -
Item V-M. 1.
UNFINISHED BUSINESS ITEM # 33745
Mayor Oberndorf distrlbuted copies of a Fax Transmittal from Michael B. Hamar
relative a petition and School Board appointments. Said Fax Is hereby made a
part of the record.
- 42 -
Item V-N. 1.
NEW BUSINESS ITEM # 33746
Giles C. Dodd, Assistant City Manager for Administration, distributed copies of
the INTERIM FINANCIAL STATEMENTS July 1, 1990 - September 30, 1990. Said
statements are hereby made a part of the record.
- 43 -
item V-O-1-
ADJOURNMENT ITEM # 33747
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 8:05 P.M.
B v@@ly
Chief Deputy City Clerk
-Ruth HodgLffs bmith, CMC
City Clerk
City of Virginia Beach
Virginia