JANUARY 23, 1996 MINUTES
"WORLD'S LARGEST RESORT CrrY'
CITY COUN(:Ii@
11 V(,R MEW F@ E OBE"@@ @, (@'s,
VICE IFAI(IR WI@AM D SE@SSOMS JR
),@IIN @ BAUM, KI-I@
U,4'WD 0 BMNC ]I 111. V ......
ROBERT K DEA l@@l'
@ U flAM@N IR L,.h ....
IFAROM IIE)@JOBLR, A, @,,,
BARBARA It IFENUI P..,
LOUIS R )ONES
NANCY K P@R Al @l,l
LOUISA M VRA@@O@ K-,-@ 2al CITY HAU BI)IWING
MUNICIPAL CEWER
j@ES K S@@ C-1 M.I.I@ CITY COUNCIL AGENDA VIRGINIA AEACH. VIRGINIA 234@,M5
IT,SJJE I fli@Y C@@, All, 18NI 127A]03
R(rrt@ flo@@ SNIMI, ChfC @E C
JANUARY 23, 1996
I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM
A. GOLF DESTINATION STUDY
Patricia A. Phillips, Director of Finance
B. GOVERNORIS BUDGET
E. Dean Block, Director of Management Services
C. PROPOSED SCHEDULE FOR CITY COUNCIL CONSIDERATION OF FY 96-97
OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM
E. Dean Block, Director of Management Services
II. AGENDA REVIEW SESSION
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
III. INFORMAL SESSION - Conference Room 3:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Michael Johnson
Grace Brethren 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 January 9, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
7he Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. BRIEFING
1. REAPPORTIONMENT - Election Data Services
Leslie L. Lilley, City Attorney
J. RESOLUTIONS
Resolution approving issuance of the Virginia Beach
Development Authority's Multi-Family Housing Mortgage
REFUNDING REVENUE BONDS:
Auburn Associates, L.P. $5,280,000.
2. Resolution to endorse the Commonwealth Transportation Board's
proposed Transportation Enhancement projects; authorizing the
City of Virginia Beach to pay twenty percent (20%) of the
total cost for planning, design and construction, including
but not limited to acquisition of easements and rights-of-way;
and, should the City cancel any of these projects, Virginia
Department of Transportation (VDOT) will be reimbursed for
costs expended prior to cancellation.
3. Resolution to authorize and direct the City Manager execute a
Second Supplemental Agreement with Southampton County for an
emergency well, extending the expiration as modified.
K. ORDINANCES
1. Ordinance to APPROPRIATE $128,000 from the Stormwater Utility
Enterprise Fund's Retained Earnings to the Fund's FY 1995-1996
Operating Appropriations re consolidation of the Stormwater
Maintenance Fee Billing System with the Sanitary Sewer
Maintenance Fee Billing System of the Hampton Roads Sanitation
District (HRSD).
2. Ordinance to ACCEPT and APPROPRIATE $125,219 in State Revenue
to the Department of Mental Health-Mental Retardation-
Substance Abuse FY 1995-1996 Operating Budget for the
Community Services Board Medicaid Management Plan; and,
estimated revenue be increased accordingly.
3. Ordinance to ACCEPT and APPROPRIATE $55,957 in Federal
Funding, $7,487 in Grant Revenue and $15,000 in State Funding
for a total amount of $78,444 additional funding for the FY
1995-1996 Operating Budget of the Department of Mental Health-
Mental Retardation-Substance Abuse; authorizing the City
Manager to execute any grant agreements; appropriations be
subject to the continuation of funding; and, estimated revenue
be increased accordingly.
4 ordinance to APPROPRIATE $28,500 to the Public Beach
Improvements Program Project (CIP #2-052) and to increase
estimated revenue from the sale of rights-of-way on portions
of Ocean Avenue and Kleen Street to supplement funding for
construction of a walkway and wood fence between Sea Pointe
Shores Condominiums and Dunes Condominiums.
5. Ordinance to APPROPRIATE $7,000 to the FY 1995-1996 Operating
Budget of the Department of Museums within the Francis Land
House Board of Governors Trust Fund for operating and program
expenses and interior restoration of the Francis Land House.
6. Ordinance to TRANSFER $432,432 from various School Capital
Projects to Capital Project 1-021 "Middle School-1997" re
Corporate Landing Middle School.
7. Ordinance to authorize License Refunds in the amount of
$43,367.56.
8. Ordinance to authorize Tax Refunds in the amount of
$8,246.34.
L. PUBLIC HEARING - PLANNING 7:00 pm
PLANNING BY CONSENT - TobedeterminedduringtheAgendaReviewSession.
1. RECONSIDERATION TO MODIFY CONDITION NUMBER FOUR, designating
the Trainer, in the October 24, 1995, approved Application of
SHARON LEEPER COLESH for a Conditional Use Permit for boarding
horses located 513 feet West of Dawley Road, 1030 feet more or
less North of Gum Bridge Road (3943 Dawley Road), containing
23.75 acres (PUNGO BOROUGH).
Recommendation: DENIAL
2. RECONSIDERATION OF CONDITIONS (NUMBERED ONE, to delete the
turn-around AND TWO, to delete the fence) in the February 8,
1982, approved Application of LEONARD L. HODGES for a variance
to Section 4.4(b) and (d) of the Subdivision Ordinance on
property located North of the Eastern terminus of Glen Arden
Road (3540 Glen Arden Road), in behalf of JANE ALGER SIMMONS,
JENNY L. HEISLER, NAGINDER DHILLON SHARONJIT DHILLON
(KEMPSVILLE BOROUGH).
Staff Recommendation: DELETE FENCE;
REQUIRE TURN-AROUND
Recommendation: DELETE BOTH CONDITIONS
3. Applications of P.C.S. PRIMECO, L.P. for Conditional Use
Permits:
a. For a rooftop (panel antenna style) communications
tower/cell site atop the existing Pembroke I Office
Building West side of Independence Boulevard, North of
Virginia Beach Boulevard (281 Independence Boulevard),
containing 12.428 acres (BAYSIDE BOROUGH).
b. For a rooftop (panel antenna style) communication
tower/cell site atop the existing Harbor Gate condominium
on Lots 17, 18, 19, 20, 21, Block 1, Lynnhaven Shores
(3300 Ocean Shore Avenue), containing 3.8 acres
(LYNNHAVEN BOROUGH).
C. For a rooftop (panel antenna style) communication
tower/cell site atop the existing Ramada Inn Oceanside at
the Southeast corner of Atlantic Avenue and 57th Street,
containing 3.2 acres (LYNNHAVEN BOROUGH).
d. For a joint use 180-foot mono pole style communication
tower on the East side of Butternut Lane, 345.34 feet
South of Bonney Road, containing 7,000 square feet
(LYNNHAVEN BOROUGH).
Recommendations: APPROVAL
4. Applications of CONTEL CELLULAR, INC., for Conditional@
Permits:
a. For an 80-foot mono pole communication tower on the North
side of Southern Boulevard beginning at a point 700 feet
more or less East of Freight Lane, containing 3.54 acres
(BAYSIDE BOROUGH).
b. For a 125-foot communication tower on the North side of
Central Drive, 1300 feet more or less West of London
Bridge Road (529 Central Drive), containing 1.24 acres
(LYNNHAVEN BOROUGH).
Recommendations: APPROVAL
5. Application of CAVALIER GOLF AND YACHT CLUB for a Conditional
Use Permit for a aolf course (expansion of clubhouse) at the
Northeast and Northwest intersections of Cardinal Road and
Starling Court (1052 Cardinal Road), containing 20.1 acres
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
6. Application of ROBERT and TERRI DODD for a Conditional Use
Permit for a home occupation (day care) on the East side of
Churchill Drive, South of Brookeway Drive (680 Churchill
Drive), containing 11,616 square feet (KEMPSVILLE BOROUGH).
Staff Recommendation: APPROVAL
Recommendation: DENIAL
7. Application of JOSHUA DARDEN, JR., for a Chanae of Zo@
District Cla Qn from A-12 Apartment District to -@
i@District on the South side of Americus Avenue,
1034 feet West of Birdneck Road, containing 21,909 square feet
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
B. Application of WILLIAM SCOTT DRASTAL for a Chanae of Zonina
District Classification from A-12 Apartment nigtrint to RT-3
Resort Tourist District on Lot 6, Block 52, Shadow Lawn
Heights (700 Norfolk Avenue), containing 2895 square feet more
or less (VIRGINIA BEACH BOROUGH).
Recommendation: APPROVAL
M. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
REVIEW AND ALLOCATION COMMITTEE - (COIG)
SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD
N. UNFINISHED BUSINESS
0. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Resolution to REFER to the Planning Commission an
Ordinance to AMEND Section 501(b) of the City Zoning
Ordinance re reduction of side and rear yard set-back
requirements for certain accessory structures.
(Sponsored by Mayor Meyers E. Oberndorf)
b. Resolution expressing support for legislation prohibiting
Menhaden fishing in the waters of the Chesapeake Bay and
Atlantic Ocean adjacent to the shoreline in the City of
Virginia Beach.
(Sponsored by Vice Mayor W. D. Sessoms, Jr.)
C. Ordinance to TRANSFER $5,218 from the General Fund
Reserve for Contingencies to reimburse the Water and
Sewer Fund, as a charitable gift, to Habitat for Humanity
re costs of water and sewer fees associated with
construction of a duplex at 712 16th Street (VIRGINIA
BEACH BOROUGH).
(Sponsored by Vice Mayor W. D. Sessoms, Jr.)
P. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
01/19/96BAP
AGENDA\01-23-96.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 23, 1996
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the 1,7RGINL4
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, January
23, 1996, at 1:30 P.M.
Council Members Present:
John A. Baum, Harold Heischober, Barbara M. Henley, I ouis R. Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Absent.-
Linwood 0. Branch, III [EIVTERED: 5:30 PM. IN RICHMOND
ATTENDING GENERAL ASSEMBLY
TESTIFYINC, RE FINANCL4L
CON@SOLIDATION OF CIIYISCHOOL,51
Robert K Dean [FN7ERED: 1:45 P.M.]
William W Harrison, Jr. [ENTERED: 1:45 P.M.]
Nancy K Parker JIN CIL4RLOITE, NORTH CAROLINA,
FATHER TFRMINALLY ILL]
Louisa M Strayhorn JENTERED: 5:30 P.M. IN RICHMO)VD
A7-fENDING GENERAL ASSEMBLY
TIFYING RE rINANCL4L
CON,@01,11)ATION OF CITYISCIIOOL@51
- 2 -
CITY MANAGER'S BRIEFING
GOLF DESTINATION STUDY
1:30 P.M.
ITEM # 40299
Susan Walsto@ Director of Parks and Recreation, advised the RFP for a Golf Destination Feasibdity
Study was advertised last June. After responses from six very qualified firms, the staff recommended PKF
Consulting. An appropriation was made to fund this study. A group of supporters, led by Virginia Beach
Visions contributed over $13,000 toward the $52,500 cost of this study. 7his study was to okectively
examine the advantages and disadvantages of developing Virginia Beach as a Golf Destination.
Walter C Williams, Senior Vice President - PKF Consulting, introduced his partners, Barry Didato -
Vice President and David M. Nissenson - Consultant. The P'zrginia Beach golf market was identified and
inventoried to assess the parameters and limiting conditions of the present market. Market factors and
other issues relating to physical constraints, opportunities and residents' quality of Lffe were also
considered 7hese factors were weighed against the existing golflhospitality infrastructure to develop
recommendations on how the City should best proceed to facilitate the process based on a pragnwtic
approach, grounded with solid data. Present and projected golf populations were compared to future
estimates of golf course demand. Development costs were estimated and the direct, indirect and induced
economic @cts were quantified Finally, options were developed and a framework created to carry out
the proposed strategy. Ihe summary categories of the report, which is hereby made a part of the record,
include: Demand Issues, Supply Issues, Policy and Financing Issues and GeographicILocational Issues.
David M. Nissenson advise&
SUPPLYISSUES
Virginia Beach has not achieved a 'critical mass" of golf product to
achieve destination golf area status.
7'he existing hotel inventory stock is adequate to support a golf
destination area but opportunities exist to team the region's hospitality
and golf industries to mutually promote golf and strengthen the area's
economic base.
7'he availability of restaurants and other food and beverage outlets is
adequate to support a destination golf area.
GEOGRAPHICILOCATION ISSUES
7he Virginia Beach clinwte allows for year 'round golf and a significant
number of playable days.
Virginia Beach contains a diverse and expanding base of non-golf
activilieslresources that enhance the area's attractiveness to golfers and
non-golfers alike.
Overall accessibility to Virginia Beach is excellent and can easily
support a destination golf industty.
Surface routes in rirgiriia Beach are adequate to support a destination
golf industry; however, existing course are difficult to locate due to
limited signage.
January 23, 1996
- 3 -
CITY MANAGER'S BRIEFING
GOLF DESTINATION STUDY
ITEM # 40299 (Continued)
DE@D ISSUES
l'irginia Beach resident and visitor denwnd iy estimated to be sufficient
to add an additional five public access courses.
Golf is a significant recreational pursuit of the existing population base
and a major growth opportunity for tourism expansion and
diversification.
Existing cooperative efforts between the golf and hotel industries to
deliver a golf package are hampered by courses of limited quality and
restrained cooperation among the interested parties.
Many competitive markets provide promotional golf collateral that is
superior to that provided by Virginia Beach. A review of their nwrketing
material indicated that they had.-
More focus on the golf industry
More detailed descriptions of golf courses
More photographs of golf courses
Greater visual appeal
A greater quality and quantity of golf courses to promote.
Incidental analysis also indicated the capacity to add an additional three
private courses to existing supply. However, given that the successful
promotion of rzrginia Beach as a destination golf area begins with
public access golf courses, a detailed analysis is not provided
7'he economic benefit of constructing five additional courses that attract
45,000 rounds (each) per year would generate sales (collectively) of
nearly $24-MILLION and recurring tax revenues of approximately
$1.8-MILLION. 7his would also support an additional 789jobs in the
I'wginia Beach economy.
FINANCING AND POLICY ISSUES
Private sector financing of new golf courses is much more expensive
than publiclprivate alternatives such as landllease arrangements, public
sector appropriations and bond issues. Given this high cost of private
capita, golf course developers typically must seek land at little to no
cost, or other mechanist= such as the easing of @ policies andlor tax
incentive, to meet minimum investor requirements for return -on-equity.
7'he high cost of land in the rtrginia Beach area and financing options
for new course development necessitate that the City play an intervening
role to attract private sector golf course developers to create successful
projects. As is articulated in this report, PKF Consulting believes the
City's role would be integral to perpetuate the economic and quality of
life issues related to golf in the rzrginia Beach area. Without the
participation of the public sector, local golf demand will continue to
leak into adjacent markets and tourism development will be stunted by
the lack of adequate supply of golf courses.
January 23, 1996
- 4 -
CITY MANAGER'S BRIEFING
GOLF DESTINATION STUDY
ITEM # 40299 (Continued)
Development of additional golf course, in ;irginia Beach is constrained
by several factors and policy issues.
Unresolved issues regarding water for irrigation.
7'he lack of large Land lot availability and high cost of land in
rirginia Beach.
Virginia Beach's land use policies create an additional
(though necesyary) economic hurdle for golf course
development, consulting developer's time and increasing the
upfront cost for speculative actions in the marketplace.
When compared to the major destination golf areas on the
East Coast, rtrginia Beach taxation rates are among the
highest. The participator sports tax places a unique burden on
the Virginia Beach golf industry that can be considered a
disincentive for new course development.
Barry Didato, Vice President, reiterated the recommendations of the Golf Destination Study. 7he City
shouldfacilitatepubliclptivate developmentpartnerships to constructive quahtypubuc access courses.
7'he mix of courses should include two "signature' courses designed by well recognized golf course
architects. Both courses should be designed and maintained to be positioned during peak season in the
$65 per round range (excluding cart). Quality should be reflected in pricing. Three additional courses
should be designed and maintained to be positioned during peak season in the $45 range (excluding cart).
7hough the @ting municipal courses maintain low cost golf alternatives for the resident population, this
artificially depresses overall area greens fees and diminishes the economic feasibility of new course
development. 7he existing supply of low cost golf alternatives is considered sufficient. PKF recommends
development be facilitated by the City, but accomplished by private industry. Realistically, a pubuclprivate
partnership will be necessary. 7he City needs to provide the framework for golf development. Course
development can be achieved through a refinement of current land use policies as to allow for a
redistribution of real estate value to include private sector investment while maintaining and enhancing
open space requirements, view corridors, rural characteristics, vegetation, water quality and supply, traffic
and other infi-astructure considerations present in the existing City Plan. 7he economic impacts would
include approximately 800 new jobs. Approximately 350 jobs would be supported directly by the golf
course development.
Susan Walston, Director of Parks and Recreation, advised the immediate steps:
Present the Golf Destination Study to various golf related groups who
have expressed an interest in the issue of golf expansion (ie. Virginia
Beach ;'zsion, Golf Committee of the Parks and Recreation Commission
and Resort Area Advisory Commission and the Lake Ridge Steering
Commission).
Establish a more comprehensive Golf Course Committee. Within the
ne.xt two weeks,, the City Manager will recommend the structure,
objectives and operating plan of this group.
Two water analysis (ground water and gray water) from the Lake Ridge
tract are expected to be received in the near future.
Examine the redevelopment of Red Wing Golf Course fi-om the
prospective of obtaining ownership from the Commonwealth. 7here is
potential for 9 additional holes in the 130 acres located across the street
from Red Wing.
January 23, 1996
- 5 -
CITY MANAGER'S BRIEFING
GOLF DESTINATION STUDY
ITEM # 40299 (Continued)
Funds have been increased for tourismlnwrketing efforts. Land cost is one of the critical elements in
determining the feasibility of a golfproject, as high land costs can easily dilute the feasibility of a project.
Corrections were noted in the recommendations relative rural development standards and policies. 7he
20-acre lot overlay has been eliminated. 7he 15-acre minimum lot size does not exist. 7he lot size is one
acre for well drained soils and 3 acres for poorly drained soils. Concerns were expressed relative
extending utilities into these areas, as well as impact of changing land use policies to facilitate golf
courses, which will again impact the adopted policies. Eliminating golf courses as a Conditional Use
would eliminate City Council's ability to review. Concern was also expressed relative increasing the size
of Transition Area II.
January 23, 1996
- 6 -
CONCERNS OF THE MAYOR
2:47 P.M.
ITEM # 40300
Mayor Oberndorf advised former Governor Holton called to advise he had been retained as the Lobbyist
for the Urban Partnership.
Governor Holton requested the opportunity to brief City Council on Tuesday, February 6, 1996, re the
Urban Partnership. Prominent businessmei; like David Goode of Norfolk & Southern, believe this
Partnership should be implemented immediately. Governor Holton requested the City Council not
campaign aggressively against legislation currently in the General Assembly re the Urban Partnership
until he has the opportunity to present data to City CounciL
January 23, 1996
- 7 -
CITY MANAGER'S BRIEFING
GOVERNOR'S BUDGET
2:48 P.M.
ITEM # 40301
E. Dean Block, Director of Management Services, advised there is both good news and bad news within
the Governor's Budget Most of the good news is in FY 1996-1997. 77iere are slower rates of growth in
the second year of the Biennium. 7here are questionable revenues used to balance the budget (louery
and land sales). 7he Governor @ Budget, as presented, has a moderate impact on localities. 7he @cts
on education have been positive. The Budget does not contain a Federal Impact Analysis. 7here are some
longer term risks as one time revenues and certain techniques are used to achieve balance. Certainly,
changes can be expected in the document before completion.
SCHOOLS
Basic Aidl,5tudent Up; 7i)tal Up $IOM+
$2.3M for Technology
No $ For Teacher Pay Raise in 1996197
Increase for At -Risk (Requires Match)
Lottery Funds
Uncertain
2nd Year - $1.2M
Use for Capital Projects Only
HUAL4N SER117CES
Increased use of Medicaid for MHIMR
Risks
Federal Changes
Eligibility
Flexibility
Social Services
Cuts in Administrative Support
Incomplete Computerization
Health
$ Not Cut
RolelMission as IIMO Use Expands
Juvenile Justice
Flat Fundingl,5hift to localities
Impact on ;ecure and Less-,@ecure Detention
Comprehensive 5ervices Act
Shift from State Cieneral Fund to Federal
Overall Funding Not Adequate
7he Governor hasproposed statewide reductions in administrative suppc)rtfor.5ocial,';ervices. 7his would
effect Virginia Beach in the amount of $200,000.
January 23, 1996
- 8 -
CITY MANAGER'S BRIE FIN G
GOVERNOR'S BUDGET
ITEM # 40301 (Continued)
OTHER FUNDING
Highway Maintenance -- Increasing
Law Enforcement Funds -- Up $500,000
Library Aid -- Cut 5%
Compensation Board
Highway Maintenance represents aver $20-MILLION and will be increasing several hundred thousand
dollars.
Ldbrary Aid was reduced by 5% to provide for some of the new State library needs,- therefore, this will
decrease from approximately $280,000 to $260,000.
Not all the details are available relative the Compensation Board.
7he Governor has proposed increases in the Economic Development Opportunity Fund of approximately
$8-MILLION in the first year and $10-MILLION in the second year.
OTHER ISSUES
BPOL Legislation
HB 293--$500K Impact
Complicated; Unfair
Family Courts
Ihe Family Courts Bill appears this year to have a better chance of acceptance. A proposed Bill requests
an increase in some of the fees, which would allow for some funding; however, not the Capital Costs
associated with Family Courts 7he City would have to improve shell space and build the courtrooms if
this concept should develop.
January 23, 1996
- 9 -
CITY MANAGER'S BRIEFING
PROPOSED SCHEDULE: FY 96-97 OPERATING BUDGET AND CAPITAL
3:28 P.M.
ITEM # 40302
E. Dean Block, Director of Management Services, distributed the PROPOSED SCHEDULE. FY 96-97
OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM.
BY CONSENSUS, City Council concurred with the following:
FY 96-97 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGR4M SCHEDULE
Event Date Time Place
Budget & CLP Praentation @day, April 2 2PM City C@cil Cham@
c@cil w@kshop T@day, April 9 9 AM NOON C@ference @
C@cil Workshop 7hwsday, April 11 4PM 6PM Confaence @
C@cit W@kmhop (Specia w@@) T@day, April 16 ]PM 4PM C@f@ence @
Public Hwring Thwsday, April 18 7PM I"kspw M@e S@l
C@cil Workshop T@day, April 23 3PM 6PM C@fermce @
C@cil Workshop (SpecW Workshop) 7hwsday, April 25 IPM 5PM C@f@mce Roopn
Public Hearmg May 9 2PM @cit Chmber
Reconcilkaion Wm@ 77iwsday, May 9 Following C@cil Sasion @f@mce Room
NOTE.' May 9 Re@r Meeting will replace the May 7 SESSION (Re: Co@cil election)
Adopt Budget & CLP. Mffday, May 14 2PM City C@cil Chamber
Mr. Block referenced his memorandum relative the School 5taffs CIP proposal. 7his budget went to the
Board on January 16, 1996, and is SCHEDULED for a vote on February 6, 1996. Mr. Block advised a
meeting with the City Staff and School Staff relative this proposal, will be SCHEDULED next week. 7he
City Staff will advise their concerns. An update, of this meeting will be provided.
7he Lake Ridge High School is expected to open in 1999, at a cost of approximately $40-MILLION. 7he
Corporate Landing Middle and Elementary Schools will be opened approximately in 200012001, both
increased significantly in cost. City Council requested comparative information relative schools being
constructed in the region.
Further information will be provided to City Council during the Formal Session of February 6, 1996.
January 23, 1996
- 10 -
ITEM # 40303
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 23, 1996, at 3:50 P.M.
Council Members Present:
John A. Baum, Robert K Dean, Harold Heischober, Barbara M. Henley,
Louis R Jones, Mayor Meyera E. Oberndorf, ;'ice Mayor William D.
Sessoms, Jr.
Council Members Absent:
Linwood 0. Branch, III, William W. Ilarrison, Jr., Nancy K Parker and
Louisa M. Strayhorn
January 23, 1996
- 11 -
ITEM # 40304
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 purpose:
PERSONNFL VIA ITERS@ Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit: Appoint7nents - Boards and Commissions:
Health Services Advisory Board
Human Rights Commission'
Review and Allocation Committee
Southeastern Hampton Roads Disability 5ervices Board
LEGAL AM 7 Consultation with legal counsel or briefings by staff
meinbers, 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).
To - Wit: Lake Gaston Water Supply Ilroject
Reapportionment
l,'erry Farm
PUBLICJ', - Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To - Wi t: Homeless Shelter
Ferry Farm
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Robert K Dean, Harold lieischober, Barbara M. Henley,
Louis R. Jones, Mayor Meyera I,,'. Oberndorf, rice Mayor William D.
Sessona, Jr-
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, III, William W. IIarrison, Jr., Nancy K Parker and
Louisa M. Strayhorn
January 23, 1996
- 12 -
FORMAL SESION
117RGINL4 BEACH CITY COUNCIL
January 23. 1996
6:00 P.M.
Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, January 23, 1996, at 6:00 P.M.
Council Members Present:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr and
Louisa M Strayhorn
Council Members Absent:
Nancy K Parker [IN C@07TF, NORTH CAROLINA,
FA THFR TFRMINALL Y ILL]
IN'VOCATION- Ruth Hodges %zth, CMCIAAE
City Clerk
PLEDGE OF ALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF "ERICA
Ilice Mayor Sessonts, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a '@rsonal interest", av defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. 7he rice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessonu' letter of January 10, 1995, is hereby made a part of the record.
January 23, 1996
#tti
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirinative vote recorded in ITEM # 40304 Page No. 11 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE 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.
Ruth Hodges Smith, CMC/AAE
City Clerk January 23, 1996
13 -
e
CERTIFIC4TION OF
EXECUTIVE sEssioN
ITEM # 4o3o5
UPON Mo@ by Councibnan Jones, seconded by Council Lady parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE Ft7TH THE MOTION To RECESS.
OnlY Public business matters lawfully exempted from Open Meeting
requirements by lirginia law were discussed in Executive Session to
which this certification resolution applies;
AAID,
Only such public business nwtters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Kirginia Beach City CounciL
Voting: 9-0
Council Members Voting Aye:
Linwood 0. Branch, III, Robert K Dean, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera
E. Oberndorf Vice Mayor William D. Sessoiw, Jr and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Nancy Y- Parker
January 23, 1996
14 -
te
MINUTES ITEM # 40306
Upon motion by Vice Mayor Sessoms, seconded by Council Lady StrayhOrn, City Council APPROVED
the Minutes of the INFORAL4L AND FORMAL SESSIONS of January 9, 1996.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert K Dean, William W Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice Mayor
William D. Sessoms, Jr. and Louisa M. @5trayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
Linwood 0. Branch, III, and Nancy K Parker
Councibnan Heischober ABSTAINED, as he was not in attendance during the City Council Session of
January 9, 1996.
January 23, 1996
15 -
REAPPORTIONMENT BRIEFING
ITEM # 40307
7'he City Attorney introduced Kimball Brace and Dr. Lisa Handley of Election Data Services.
Mr. Kimball Brace advised Election Data Services have reviewed the four plans re Reapportionment.
Each of the plans divided the City into seven (7) Districts of nearly equal population.
Dr. Lisa Handley advised jurisdictions adopting a new electoral plan or redistricting plan are bound by
several constitutional and statutory requirements. Ihere are three U.S. Constitutional requirements:
1. ]4th Amendment protection against malapportionment, (I
person one vote). Any deviation 10% or below should be
considered on its face, Constitutional. 7'hzs applies only to
election districts, not to residency districts. Current residency
districts vary quite widely in population.
2. ]4th and ]5th Amendment protection against intentional
racial discrimination. Intentional racial discrimination is
difficult albeit impossible to prove. Ihe City does not have a
minority community sizable enough to discuss the implications
of fragmenting the community.
3. ]4th Amendment protection against egregious political
gerrymandering. 7his does not apply in Virginia Beach as the
City does not have partisan elections.
"en the four plans are considered as residency district plans, all of the plans meet Constitutional
requirements. "en the four plans are examined as election districts, they also pass Constitutional
requirements, as they all contain deviations of under 10% (Plan A - 8.65clo, Plan B-2 - 4.45clo, Plan
C - 6.02clo, Plan D-2 - 7.4601c).
7'he statutory requirement is the Voting Rights Act of 1965. There are two sections which apply:
Section 2: Amended in 1982 stated any plan which results in the discrimination of
minorities, intentional or otherwise, but results in minority dilution, would
be illegal. 7here are two types of claims under Section 2: at-large claim
or submergence. If your minority group is large enough to constitute a
majority of a single -member district, and if single -member districts were
drawn, then a group can claim submergence. Also a violation would
occur, if there are single-member districts and a minority community is
fi-agmented that had it been kept completely in one single-member
district, it would be large enough to constitute a majority of that district.
Section 5: An electoral change has to be submitted to the Justice Department. In
order to be pre -cleared by the Justice Department, the jurisdiction has
to depict the following: (1) The Plan is not retrogressive with regard to
minority voting strength, and (2) 77ie Plan does not have the intent or
effect of diluting minority voting strength. The City has no nwjor@-
minority districts, nor could it draw any majority-minority districts at
this point. 7herefore, none of the Plans could be considered retrogressive.
Since Virginia Beach could not draw a single-member district in which
minorities would be a majority, it is very unlikely that the Justice
Department would find an intent or a theft in thiv case.
77tere are two Virginia State constitutional requirements: contiguity and compactness. All four plans
create districts that are compact and contiguous.
January 23, 1996
16 -
REAPPORTIONMENT BRIEFING
ITEM # 40307 (Continued)
In summary, all four of the Plans, regardless of whether the plans are treated as residency districts or
election districts, appear to be constitutional in statutory requirements,
Acre is no minority community in Virginia Beach that is large enough to constitute a majority of a
single-member district Even the NAACP Plan introduced in 1992-1993 had thirteen single-member
districts and was insufficient to provide minorities with the majority of one of the districts.
BY CONSENSUS, a PUBLIC HEARING re the four redistricting plans submitted shall be,5CHED LTLED
for the City Council Session of February 6, 1996.
Ihis item was MOVED AFTER THE RESOLUTIONS ON THE FORMAL AGENDA.
January 23, 1996
- 17 -
item IV-J. I.
RESOLUTIONS ITEM # 40308
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Baum, City Council ADOPTED:
Resolution approving issuance of the lirgi@ Beach Development
Authority's Multi-Famity Housing Mortgage PEFUNDING FEVENUE
BONDS.
Auburn Associates, L.P. $5,280,01)0.
Voting: 9-0
Council Members Voting Aye:
John A. Bawn, Linwood 0, Branch, III, Robert K Dean, Harold
Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E.
Oberndorf Vice Mayor William D. Sessoms', Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W Harrison, Jr
Council Members Absent:
Nancy K Parker
Councibnan Harrison ABSTAINED, as his law firm provides legal services for Auburn Associates.
January 23, 1996
RESOLUTION APPROVING THE
ISSUANCE OF REFUNDING REVENUE BONDS
(Auburn Associates, L.P. Project)
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has
considered the request of Auburn Associates, L.P., a Virginia limited partnership (the
"Borrower"), to the Suffolk Redevelopment and Housing Authority (the "Issuer") for the
issuance of the Issuer's first mortgage revenue refunding bonds in an amount not to exceed
$5,280,000 (the "Bonds") to refinance the Issuer's $5,280,000 Multi-Family Housing Mortgage
Refunding Revenue Bonds, Series 1987 (Auburn Associates L.P. Project) (the "1987 Bonds"),
the proceeds of which were used to refund the Issuer's $5,325,000 1983 Special Revenue Bond
(Auburn Associates Facility) (the 11 1 983 Bond"), the proceeds of which were used to finance the
acquisition, construction and equipping of a multifamily rental housing project known as
"Auburn Place Associates" in the City of Virginia Beach, Virginia (the "Project"), and has held a
public hearing thereon on December 19, 1995; and
WHEREAS, the Authority has recommended that the City Council (the "Council") of
Virginia Beach, Virginia (the "City"), to approve the refunding of the 1987 Bonds and the
issuance of the Bonds by the Issuer to comply with § 147(f)(2) of the Internal Revenue Code of
1986, as amended, and proposed final Treasury regulations issued thereunder; and
WHEREAS, a copy of the fiscal impact statement and the Authority's resolution
recommending approval of the Bonds by the Council, and a record of the public hearing held
thereon has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGFNIA:
1. The Council approves the refunding of the 1987 Bonds and further approves the
issuance of the Bonds by the Issuer for the benefit of the Borrower to the extent of and as
required by § 147(f)(2) of the Internal Revenue Code of 1986, as amended, to permit the Issuer
to assist in the refunding of the 1987 Bonds.
2. The approval of the issuance of the Bonds, as required by § 147(f)(2) of the
Internal Revenue Code of 1986, as amended, does not constitute an endorsement of the Bonds or
the creditworthiness of the Borrower, and the Bonds shall provide that neither the City, the City
of Suffolk, the Authority nor the Issuer shall be obligated to pay the Bonds or interest thereon or
other costs incident thereto except from the revenues and moneys pledged therefor, and neither
the faith or credit nor the taxing power of the Commonwealth, the City, the City of Suffolk, the
Authority or the Issuer shall be pledged thereto.
1-26319 I/GRF@IL.S
1/15/96
3. This Resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on January 23, 1996.
A TRUE COPY: TESTE: 0 ~
4w City7'Clerk
1-26319.1/CiRF:JLS
1/15/96
2
IDB SUBMISSION TO COUNCIL
DATE: December 28,1995
TO: The Honorable Meyera E. Oberndorf
Members of the City Council
FROM: Chairman, Virginia Beach Development Authoritv
RE: Suffolk Redevelopment and Housing Authority
MultiFamilty Housing First Mortgage Revenue Refunding Bonds, Series 1996
(Auburn Associates, I,.P. Project) (the "Project)
We submit the following in connection with the project for Auburn Associates, L.P. (the
"Borrower") which is located at 3745 Edenberry Court in the Princess Anne Borough of the City
of Virginia Beach.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a
swnmary of the statements made at the public hearing is attached as Exhibit B. The City of
Virginia Beach Development Authority's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City
of Virginia Beach and its recommendation that City Council approve the issuance of the bonds
fore the Project is attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
(5) Attached as Exhibit G is a summary setting forth the type of issue, describing the
Project, whether the issue is a new or refunding issue, and setting forth the public purposes to be
served by the issuance.
(6) Attached as Exhibit H is a letter from the appropriate City department
commenting on the Project.
i 28040, IIGRF ILS
12/28195
EXHIBIT A
The Virginian-Pilot
State of Virginia
City of Norfolk
to wit: Affidavit
This day, Diane Curry personally appeared before me and after being duly
sworn made oath that: 1) She is Affidavit Clerk of The Virginian-Pilot, a
newspaper published by Landmark Communications, Inc., in the cities of
Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia;
2) That the advertisement hereto annexed of "Bonds" has been published in
said newspaper during the following dates:
December 4 & 11, 1995
Legal AKant
Subscribed and sworn to before me in my city and state aforesaid this 19th day
of December, 1995.
My commission expires June 30, 1998.
Notary Public
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(Auburn Associates, L.P. Project)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Auburn Associates, L.P., a
Virginia limited partnership (the "Borrower"), and that a notice of the hearing was published
once a week for two consecutive weeks in a newspaper having general circulation in the City of
Virginia Beach, Virginia, the first publication being not less than 14 days prior to the hearing and
the second publication being not more than 21 days prior to the hearing. The Chain-nan indicated
that a copy of the notice and a certificate of publication of such notice have been filed with the
records of the City Council of the City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Mr. Guy R. Friddell, III appeared on behalf of the Borrower. Mr. Friddell gave a brief
description of the Project (below defined). He explained that this was a reftmding of the Suffolk
Redevelopment and Housing Authority's (the "Issuer") $5,280,000 Multi-Family Housing
Mortgage Refunding Revenue Bonds, Series 1987 (Auburn Associates L.P. Project), the
proceeds of which were used to refund the Issuer's $5,325,000 1983 Special Revenue Bond
(Auburn Associates Facility), the proceeds of which were used to finance the acquisition,
construction, and equipping of a multifamily rental housing project known as "Auburn Place
Apartments" located at 3745 Edenbery Court, Virginia Beach, Virginia 23452 (the "Project").
1-281 10.1/GRF JLS
1/4/96
He related that The Project was built in 1984 and public approval was given prior to the issuance
of the original bond financing in 1983. The approval is being renewed at this time as technically
required by the Internal Revenue Code because the weighted average life of the bonds is being
extended. The original benefits of this Project - the provision of safe, attractive and sanitary
housing for low to moderate income families within the City of Virginia Beach will continue
under the refinancing. The refinancing will preserve and extend the restrictions placed upon the
property when the initial bond financing was entered into in 1983, thereby assuring the City of
Virginia Beach that the benefits of the income restrictions applicable to these apartments will
continue. He closed his remarks by estimating an issuance date for the Bonds of late January,
1996.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia approve the issuance of the proposed financing and hereby transmits the Fiscal Impact
Statement to the City Council of the City of Virginia Beach and asks that this recommendation
be received at its next regular or special meeting at which this matter can be properly placed on
the Council's agenda for hearing.
1-28110.1/GRF ]LS
114/96
2
EXHIBIT C
RESOLUTION OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
(Auburn Associates, L.P. Project)
WHEREAS, there has been presented to the City of Virginia Beach Development
Authority (the "Authority") by and on behalf of Auburn Associates, L.P., a Virginia limited
partnership (the "Borrower"), its plans to refinance the Suffolk Redevelopment and Housing
Authority's (the "Issuer") $5,280,000 Multi-Family Housing Mortgage Refunding Revenue
Bonds, Series 1987 (Auburn Associates, L.P. Project) (the " 1987 Bonds"), the proceeds of which
were used to refund the Issuer's $5,325,000 1983 Special Revenue Bond (Auburn Associates
Facility) (the " 1 983 Bond"), the proceeds of which were used to finance the acquisition,
construction and equipping of a multifamily rental housing project known as "Auburn Place
Apartments" located at 3745 Edenberry Court, Virginia Beach, Virginia 23452 (the "Project");
and
WHEREAS, the Borrower has described to the Authority the benefits which the Project
will continue to bring to the City of Virginia Beach, Virginia, and its environs through the
provision of housing, twenty percent (20%) of which is for occupancy by individuals of low or
moderate income, and has requested the Issuer to agree to issue its first mortgage revenue
refunding bonds pursuant to the Virginia Housing Authorities Law (Chapter 1, Title 36 of the
Code of Virginia of 1950, as amended) (the "Act") in a principal amount not to exceed
$5,280,000 (the "Bonds") to refund all or a portion of the 1987 Bonds; and
WHEREAS, the Authority has caused a notice ot'public hearing to be published in a
newspaper of general circulation in the City of Virginia Beach, Virginia and in the City of
Suffolk, Virginia, and has this date held a public hearing, all in accordance with the provisions of
§ 147(f)(2) of the Internal Revenue Code of 1986, as amended, proposed final Treasury
Regulations issued thereunder and § 15.1-1378. 1, Code of Virginia, 1950, as amended, and other
applicable laws of the Commonwealth of Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
I . After considering the Borrower's request to the Issuer for revenue bond financing
in a public hearing held on December 19, 1995 pursuant to proper notice, all as provided in §
147(f)(2) of the Internal Revenue Code of 1986, as amended, proposed final Treasury
Regulations issued thereunder, and the applicable laws of the Commonwealth of Virginia, the
Authority hereby finds and determines that the issuance of the Bonds to refund the 1987 Bonds,
1 20082. I/GRF JLS
12/28/95
to proceeds of which were used to refund the 1983 Bond, the proceeds of which were used to
finance the acquisition, construction, and equipping of the Project located in the City of Virginia
Beach, Virginia by the Borrower and providing housing opportunities for citizens of low or
moderate income, will be of benefit to the City of Virginia Beach, Virginia.
2. The Authority hereby recommends that the City Council of the City of Virginia
Beach, Virginia, approve the issuance of the Bonds by the Issuer and directs the Chairman of the
Authority to transmit the Fiscal Impact Statement and a copy of this resolution to the City
Council of the City of Virginia Beach, Virginia.
3. The proper representative of the Authority is hereby authorized and directed to
transmit this recommendation to the members of the City Council of the City of Virginia Beach,
Virginia at its next regular or special meeting at which this matter can be properly placed on the
Council's agenda for hearing.
Adopted this 19th day of December, 1995.
1-20082 I/GRF JLS
12128/95
2
EXHIBIT D
DISCLOSURE STATEMENT
Date: December 28 199
Applicant'sNu*s): Auburn Associates, L.P.
AU Owner$ (#'Aftravftm @cam);
of Application:
RewWq: Prom To
Co@tional Use Permit
Street CIO$=
Subdivision VtAance
Other Refunding Bond Issue
'Me following Is to be completed by or for the Applicant
I . If the applicant Is a CORPORATION, list all the officers of the Corporation:
2. If the applicant Is a PARTNERSHIP, FIRM or other Unincorporated Organiz4ttion, list all members or
partners In dw org@tion:
R..@. U Q@.@A-. I- r
-Im@ed Par
The following Is to be completed by or for the Owner (ed(rcrevf" he ami@
I If the owner is a CORPORATION, list all the officers of the Corporation:
2. If the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or
partners in the organization:
AUBUR"SOCIA@ L.P.
B)
Ni
Ini er
I-MI97.tlcm:xx
1211$M
EXHIBIT E
Suffolk Redevelopment and Housing Authority
MultiFamilty Housing First Mortgage Revenue Refunding Bonds, Series 1996
(Auburn Associates, f,.P. Project)
The Authority recommends approval the captioned financing. The Auburn Place Apartments
facility (the "Project") was built in 1984 and public approval was given prior to the issuance of
the original bond financing in 1983. The approval is being renewed at this time as technically
required by the Internal Revenue Code because the weighted average life of the bonds is being
extended. The original benefits of this Project - the provision of safe, attractive and sanitary
housing for low to moderate income families within the City of Virginia Beach - continues to be
the basis for recommendation. 'ne refinancing will preserve and extend the restrictions placed
upon the property when the initial bond financing was entered into in 1983, thereby assuring the
City of Virginia Beach that the benefits of the income restrictions applicable to these apartments
will continue.
1-28074, 1/GRF JLS
114/96
EXHIBIT F
FISCAL IMPACT STATEMENT
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
(Auburn Associates, L.P. Project)
DATE: December 19, 1995
TO: THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
PROJECT NAME: Auburn Associates, L.P., a Virginia limited partnership
TYPE OF
FACILITY: A 168-unit multifamily rental housing project knoNNn as "Auburn Place
Apartments," located at 3745 Edenberrv Court in the City of Virginia
Beach, Virginia
I . Maximum amount of financing sought: 00
2. Taxable value of the facility's real property 6 961 492
3. Real property tax per year using present tax rates 8
4. Personal property tax per year using present tax rates N/A
5. Merchants' capital tax per year using present tax rates N/A
6. Estimated dollar value per year of goods and services
purchased locally 265@00000
7. Number of regular employees on year-round basis 4
8. Average annual salary per employee 24 000
The information contained in this Statement is based solely on facts and estimates
provided by Auburn Associates, L.P., and the City of Virginia Beach Development Authority has
made no independent investigation with respect thereto.
CITY OF VIRGINIA BEACH DEVELOPMENT
1 21299 I/GRF:JM AUTHORITY
12/28/95
By
a m@
EXHIBIT G
SUMMARY SHEET
SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY
MULTIFAMILY HOUSING FIRST MORTGAGE REVENUE
REFUNDING BONDS, SERIES 1996
(Auburn Associates, L.P. Project)
I PROJECT NAME: Auburn Associates, L.P. Project
2. LOCATION: 3745 Edenberry Lane
Virginia Beach, Virginia 23452
3. DESCRIPTION OF PROJECT: Refinance the Suffolk Redevelopment and Housing
Authority's$5,280,000 Multi-Family Housing
Mortgage Refunding Revenue Bonds, Series 1987
(Auburn Associates, L.P. Project), the proceeds of
which were used to refund the Issuer's $5,325,000
1983 Special Revenue Bond (Auburn Associates
sed to
d equipping
known as
3745
inia 23452
4@ AMOUNT OF BOND ISSUE: $5,280,000
5. PRINCIPALS: Ramon W. Breeden, Jr., General Partner
Breeden Development Corporation, Limited Partner
Ramon W. Breeden, Jr., GRAT-1992,
Limited Partner
6. ZONING CLASSIFICATION:
a. Present zoning classification
of the Property: A- 12
b. Is rezoning proposed? Yes - No
C. If so, to what zoning
classification? N/A
The Authority recommends approval the captioned financing. The Project was built in 1984 and
public approval was given prior to the issuance of the original bond fin'ancing in 1983. The
approval is being renewed at this time as technically required by the Internal Revenue Code
because the weighted average life of the bonds are being extended. The original benefits of this
Project - the provision of safe, attractive and sanitary housing for low to moderate income
families within the City of Virginia Beach - continues to be the basis for recommendation. The
refinancing will preserve and extend the restrictions placed upon the property when the initial
bond financing was entered into in 1983, thereby assuring the City of Virginia Beach that the
benefits of the income restrictions applicable to these apartments will continue.
1-28M. I/GRF J LS
1/4/96
EXHIBIT H
City of Virginia Beach
INTEA-OFFICE CORRESPONDENCE
DATE: December 18, 1995
TO: Kenneth Palmer, Chairman, Virginia Beach Development Authority
FROM: Andrew Friedman, Director:
Department of Housing and@N6@",U,@bo,r@@'.Preservation 0
SUBJECT: SuffolkRedevelopmentandHousingAuthorlly-Multifaml[yHouslngFirst
Mortgage Revenue Refunding Bonds, Series 1996 (Auburn Associates,
L.P. Project) - Comment on Public Purpose
The noted project, located at 3745 Edenberry Court, Virginia Beach, must, as a
requirement of the original funding, rent twenty percent (20%) of its units to
individuals of low and moderate income, meeting certain income requirements.
To the extent that the project is being managed in accordance with these
requirements, it is fulfilling the original purpose of providing this funding.
In addition, since the refinancing extends these requirements, it will provide additional
benefits. Therefore, I recommend that the refunding be approved.
cc: Mr. Gary Fentress
Ms. Freida Wallace
- 18 -
Item IV-J.2
RESOLUTIONS ITEM # 40309
Reba S. McClanan, 3224 Burnt Mill Road, Phone: 340-8835, expressed concerns relative the mistake
in the Public Notice by the Planning Department, the lack of designation of projects in the title and the
change in priorities.
Upon motion by Vice Mayor Sessoiw, seconded by Councilman Brancl4 City Council ADOPTED.
Resolution to endorse the Commonwealth Transportation Board's
proposed Transportation Enhancement projects; authorizing the City of
rtrginia Beach to pay twenty percent (2001o) of the total cost for
planning, design and construction, including but not limited to acquisition
of easements and rights-of-way,- and, should the City cancel any of
these projects, f'zrginia Department of Transportation (VDOT) will be
reimbursed for costs expended prior to cancellation.
*7'his is not a priority listing.
STP. Enhancement projects:
Pungo - Park Connector Trail, Phase 2 $ 818,000
Shore Drive TraillNorthampton Trail $1,400,000
North Landing Trail $ 660,000
Pungo Ferry Road $ 245,500
1'rincess Anne Courthouse Restoration and Adaptive Reuse $1,000,000
NorfoLk Southern Railroad Trail $1,500,000
Ferry Plantation Restoration $ 165,000
Shore Drive Billboard Removal $ 500,000
Vofing: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. .5essoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
January 23, 1996
I RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH
2 TRANSPORTATION BOARD FOR THE ATTACHED LIST OF TRANSPORTATION
3 ENHANCEMENT PROJECTS LOCATED IN THE CITY OF VIRGINIA BEACH
4 WHEREAS, the Virginia Department of Transportation, along with the Virginia
5 Department of Rail and Public Transportation and the Federal Highway Administration, has
6 announced the availability of Transportation Enhancement Funds for qualified projects; and
7 WHEREAS, up to 8 million dollars may be available to Virginia localities for
8 transportation enhancement projects during the 1996-97 fiscal year; and
9 WHEREAS, the City Council has been advised that projects funded by this program
I 0 require a local match, either in-kind or cash, of twenty percent, and
1 1 WHEREAS, the City Council has been further advised and acknowledges that in the event
1 2 the City elects to cancel a project funded by this program prior to its completion, the City shall
1 3 he required to reimburse the Virginia Department of Transportation for funds expended for such
14 project; and
is WHEREAS, the Metropolitan Planning Organization has endorsed the City's proposed
16 transportation enhancement projects; and
17 WHEREAS, in accordance with Commonwealth Transportation Board construction
18 allocation procedures, a resolution of endorsement must be received from the City Council before
19 the Virginia Department of Transportation will program an enhancement project in the applicant's
20 locality; and
21 WHEREAS, the City Council recognizes the importance of transportation enhancement
22 projects as a way of integrating transportation into our community and natural environment.
23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA: That the Council hereby endorses to the Commonwealth
25 Transportation Board the attached list of proposed transportation enhancement projects.
26 ADOPTED by the Council ot'the City of Virginia Beach, Virginia, this 2i day of
27 Ja 1996.
STP:Enhonmment Pmjftts
The cnh@mment category is a subcategory of the Surface Tr@ortiti,,, 7. Feff7 Plantation Rnwntlon - This proje@ Ls for the fMtOMIlOn @ L@li,
Prog@ Each state most use 10% of their MT funds for tr@zpcru,t:oi historic home to mmpiy*th city housing codes and preserve it u an hisi@nc
enhancement activid@ For purposes of l@ enhancement activities &@ s@=M The Ferry Plumtion me @ on= an integral pan of the
defined u pedestrian or bicycle facilities, scenic mement& historic @it@ wloniai tmnspomdon @ when a ferry operated to carry peop[c @ni
landscaping and bcautifladon. rehabilitation of historic @nation goods across the @tem branch of the Lymhaven River. 'no area n@ seen
facilities, p@mtion of abandoned railway wrridom rem@ of outdoor activity relating to recorded history since the i7@ Several buildings have
advertising. archaeological planning and resea@ and finvjly, miligadon of occupied the si@ including a brick munhow@ The remaining smmrc,
pollution due to highway mnoff. As in the pu4 cahanmment @ will be kn@ o the Ferry Pt&nWon, @ wwuuaed during the early 18OC& T'ne
distributed on a competitive bu4 at the sum ritther Om MPO I"cL nem restomtion is needed to @ii-, the main objectives of the proje= 1) miorc
are appmximteiy $14 million &nuble for @mmnt pmjccts statamd& fine house to period @ds and 2) @m and use the home @ a
@le an the pubUQ The purpose of the museum
Pungo , Park Connector Tr3d@ Phase 2 - Foods would be used for the would be to f@ the @utim of ciMm=ent&L Nation and
planning, design and mmtruction of a pedutri@/bicycie trail facility historical tb=a to the l@ mgioiw and su@de @ One of the @in
approximately 4 @la in length. 7be facility "old be mmtmaed fmm fmtum would @t the t function of the L@wn River @ a
North L=ding Road south@d to Indian Riwr Road. The @ "old utiae Nation system The Ferry Plantation would haw been the destinabon
the old taflmad right@f-way and other city named pmperties in the W"i for m=c@ legal and @ life of this uu u ferry packets traveled the
Neck Creek corridor. This trial] is the @them portion of the Flungo - flvk L@ wa@ in the 17th. 18tk and 19th mturim bnnpng
Connector Trail application which received ab--mment @g In 1993. @ngem MRU and c&W to Its dodl A partnership between historical and
That original application had to be split Into two p@ became mmimalon emim=wtal groups would be formed to cubic the muse= to display
seats pr@d to be higher than expected. The tmU provides " aitc@tive @"u y those @md an site and nm in storage in Colonial
mode of Lmni @gh this corridor and @ the meet part of the city to ad provide educiwonal pm@
the mom suburban wrtil
COST: SSIB,OOD COTN $165,000 to a beating and @ling system, plumbing, ele=@
work. and repair and @ the Ferry Plantation to the 1800s period.
2. Shore DriveTmil/Northampton Trail - FuncL%wmld be used for the pimnin&
design and wmtruction of a pedmtrian/bicycle twi facility approximately 9 Shore Driw Billboard RemwM - 7b]s pmjcct is for the purchase and
miles in length. The facility would be mmtructed fmm West Great Neck demolition of an @dng steel s@ctilrc billboud lmtcd on the south side
Road, along Cape Henry Drive, across the Laner Bridge, ajong Shore Drive of Shore Drive (RL 60). just east of Vista Circle. ftn of this pmjw -ould
to Northampton Blvd.. along Northampton Blvd. to Diamond Springs Road. include the =@tion of an qncment pmhibiling mtdwr Wwrtising on this
Wherever possible, the trail will utilize the Virginia Power emement and old property. nh lomdon is near the @rgenm of the Lynnbaven River "it
railroad right@f-"y existing in these w@ the Chmpeake Bay, one of the mom smnfc I=dom In the city. Shore
Drive is a principal tourist p@y to the city. Removal of this lipage "old
the @ado of the Sbm mrridw.
COST: $1,400,OOD
cost,
3. North LAnding Tnil - Funding would be wed to construct a 10 fwt wide
asphalt pedutrim/bicycle trail along North LAnding Road. Thit trail segment
would begin at a point near the North LAnding @d/ Prinm-- Anne Road
intersection and end at the Virginia Buch/Cheu@ boundwy (North
Landing Ri"r). 'Mis trail "old link the pmpond Pungo Connector Trail
(which will run fmm Landst@ Rwd to Indian Wwr @d and which
mm@ approved for Enhumment Funds in 1993) to the City of Chm@@
thereby enhancing intrategional tmmponatim 'Me City of Cbmpe@ is
pmposing emading this @i along Mount Pleasant Rmd to Bl@ter
Road.
COSTT @000
4. Pango Ferrj, Road - North landing River P@ Public @s Site - Funds
wWd be @ to provide for (1) the acquisition of a pmte@ 122 @
partial located to the north of the old Pungo Ferry Road =mm" at the river
in Bia&mter Bomugh for public access purposes; (2) c=trumion of canm
put-in mmps, interpretive signage, psxidng um for 30 vehicim and a
pier/@nal whad facility for boarding and @ng from @; (3)
comtruction of an observation t@r with interpretive ziguge relating to the
history of the intr@tal waterway as a U=portation ilnery, &Jong with
interpretive signage regarding the natural resowves in the area; and (4)
conducting a demonstration phragraltes contmi mW eradication pmjem with
public education and a@enou interpretation air the public accm lit&
COSM $245,500
S. Princess @ Courthouse Restontion and Adapthv Foods "old be
md for the planning, design, mstomtion and aftptive refuse of tite lg=s
Princess Anne County Courthouse. 7be restored building will be used u in
informadw center, met stop and historical @on to mm usm of the
Fungo-Park Connector Trail facility (&proved for Enbmncmmt Funds in
IM) and the proposed North Landing Trad. Foods would be used to install
interactive vwtor information displays about regional b@ rfltem and to
imtah historical awbits on the @ and evolution of local CourLhom@ and
the on methods and foutu used to got to the Chun in the 19th
and 2Dth OL
COST: SLMooo
6. Nortbtk SnUwm Railroad Tmil - Funds "old be used for the planning,
daim and comtructim of a 10 far wide Upbeat b@e trail the @
would be approwamtely 13 miles in length. It would be mmtructed within a
Norfolk Souftm Railroad right-of-"y that tmnmes the entire eut-west
width of the dty (an @ment agreement would need to be nesotiated).
7bis trail pmwcies vital cast-west wmectmty for existing nort@uth tnlils on
Wiicbduck Rd, Llide Neck Rd, Grant Neck Rd, and Oam Blvd. and fr
pi.pmd @@th trail& on London Bridge Rd, uW Bidneck Rci
COST.- Si.500.000
Item IV-J.3.
RESOLUTIONS ITEM 40310
Upon motion by rice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Resolution to authorize and direct the City Manager execute a Second
Supplemental Agreement with Southampton County for an emergency
well, extending the expiration as modified.
Voting: 10-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branc,% III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor Urilliam D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
1 A RESOLUTION AUTHORIZING AND
2 DIRECTING THE CITY MANAGER TO
3 EXECUTE A SECOND SUPPLEMENTAL
4 AGREEMENT WITH SOUTHAMPTON COUNTY
5 FOR AN EMERGENCY WELL
6 WHEREAS, on March 25, 1981, Southampton and Virginia
7 Beach entered into an agreement (the "Agreement") to allow Virginia
8 Beach to construct a new well ("new well") that would provide
9 emergency raw water supply capacity to Virginia Beach in the
10 intended amount of approximately four (4) million gallons per day;
11 WHEREAS, the Agreement provided that it would be
12 effective for a period of five (5) years and would renew itself for
13 a second five-year period unless either party gave written notice
14 that it desired the Agreement not automatically renew;
15 WHEREAS, the Agreement renewed itself for a second five-
16 year period and expired at midnight on March 24, 1991;
17 WHEREAS, Virginia Beach extended the expiration date of
18 the Agreement as modified by a Supplemental Agreement for a period
19 of five (5) years from date of execution of the Supplemental
20 Agreement; and
21 WHEREAS, Virginia Beach desires to extend the expiration
22 of the Agreement, as modified by the Second Supplemental Agreement,
23 either for a period of five (5) years from the date of execution of
24 the Second Supplemental Agreement or until the day that the Lake
25 Gaston Water Supply Project becomes operational;
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28 That the City Manager is hereby authorized and directed
29 to execute the Second Supplemental Agreement attached hereto and
30 incorporated herein by reference.
3 1 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on the 23 day Of January 1996.
33 CA-6194
34 ORDIN\NONCODE\SHAMPTON.ORD
35 R-1
36 PREPARED: 01/04/95
APPROVED AST CONTENT
Public Utilities
APPROVED AS TO LEGAL
s
De@arl-m-ent of Law
2
THIS SECOND SUPPLEMENTAL AGREEMENT made as of the7'& day of
(O
@1991, between SOUTHAMPTONCOUNTYoftheCommonwealthof Virginia ("Southampton"),
and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia ('Virginia Beach"), provides:
RECITALS
A. Southampton and Virginia Beach entered into a Water Supply Agreement made
as of the 25th day of March, 1981 (the "Agreement"), and pursuant thereto one water supply
well (the "current well") within Southampton has been constructed and is capable of delivering
approximately four million gallons of water per day (MGD). Southampton and Virginia Beach
also entered into a Supplemental Agreement made as of the 5th day of February, 1991 (the
"Supplemental Agreement") which modified and supplemented the terms of the Agreement.
Virginia Beach has made arrangements with the City of Norfolk ("Norfolk") to wheel and treat
water from the current well under certain emergency conditions.
B. Virginia Beach has been receiving, and expects from time to time in the future
to receive from Norfolk water derived from four water supply wells (the "old wells") located
on property of Norfolk within the boundaries of Suffolk (on Tax Assessor's Parcels No. 16-9,
17-23 and 8-3) which wells are currently owned by Norfolk. The old wells are presently
capable of delivering approximately sixteen MGD.
C. Virginia Beach has also entered into agreements with the City of Suffolk and with
Isle of Wight County and pursuant thereto, two water supply wells have been constructed within
I
the City of Suffolk capable of delivering approximately eight MGD and two supply wells have
been constructed in Isle of Wight County capable of delivering approximately eight MGD (the
'Suffolk and Isle of Wight wells"). Virginia Beach has made arrangements with the City of
Norfolk to wheel and treat water from these Suffolk and Isle of Wight wells under certain
emergency conditions.
D. Recognizing the scarcity of water supply in Southeastern Virginia and the concerns
of Southampton to assure continued integrity of a satisfactory water supply to its citizens,
Virginia Beach has agreed that the current well is the property of Southampton County and may
be used by Virginia Beach only for temporary relief during bona fide water shortage
emergencies and will not be used by Virginia Beach as part of its permanent water supply.
Virginia Beach also has agreed that so long as Virginia Beach has the opportunity to receive
water from the current well, it will make a money contribution to Southampton.
E. Virginia Beach recognizes that pumping the old wells, as well as the Suffolk and
Isle of Wight wells, may have the same general effect on Southampton and its citizens as
pumping of the current well.
F. Virginia Beach's money contribution will be based upon withdrawals of water
from the old wells, the current well and the Suffolk and Isle of Wight wells.
MENT
Now, therefore, in consideration of the premises and of the mutual covenants, conditions
and undertakings set forth below, Southampton and Virginia Beach agree as follows:
2
I. If the old wells, the Suffolk or Isle of Wight wells, or any of them are pumped in
any month during which Virginia Beach or its citizens receives any water from or through the
Norfolk water system, it shall be conclusively presumed that pumping of the old wells, including
the Suffolk and Isle of Wight wells, in such month was to SUPPLY WATER TO VIRGINIA
BEACH.
It shall be conclusively presumed that all water pumped (other than water pumped for the
use of Southampton) from the current well during the term of this Supplemental Agreement is
to SUPPLY WATER TO VIRGINIA BEACH.
2. Virginia Beach shall, so long as water is supplied to it from the current well, the
old wells or the Suffolk or Isle of Wight wells for the duration of this Second Supplemental
Agreement, pay to Southampton on a monthly basis a contribution equal to 20.0 cents per one
thousand gallons of water pumped from either the current well or the old wells or the Suffolk
or Isle of Wight wells during the month. Provided, however, the contribution due from Virginia
Beach in respect to any month shall not exceed the amount that would be due based upon the
capacity of the current well that is available for use by Virginia Beach in that month. For
example, if 100% of the four MGD capacity of the current well was available for use by
Virginia Beach in a given month, Virginia Beach's contribution would be capped at $0.20 times
1,000 times 4.0 MGD times the number of days in that month ($24,000 for a thirty day month).
However, if only 90% of the four MGD capacity of the current well was available for use by
Virginia Beach in a given month, Virginia Beach's contribution would be capped at $0.20 times
1,000 times 3.6 MGD times the number of days in that month ($21,600 for a thirty day month).
3
Southampton shall not be legally restricted in any way as to the manner in which it expends the
contribution received hereunder.
3. If at any time during the duration of this Second Supplemental Agreement, Virginia
Beach pays either to Suffolk or Isle of Wight a contribution rate in excess of 20.0 cents per one
thousand gallons of water pumped to supply Virginia Beach, then Southampton shall be entitled
to receive compensation under this contract according to the same contribution rate.
If, however, Virginia Beach pays both to Suffolk and Isle of Wight a contribution rate
in excess of 20.0 cents per one thousand gallons pumped, then Southampton shall be entitled to
be compensated at the higher rate paid either to Suffolk or Isle of Wight. Southampton shall not
be entitled to receive compensation equal to the aggregate or total rate paid by Virginia Beach
to Suffolk and Isle of Wight.
4. Southampton agrees to assist Virginia Beach in the present and future water shortage by
allowing the current well to remain in its present location and Southampton further agrees that
the use of and withdrawal of water from the current well will be governed by the provisions of
the Agreement as modified by the Supplemental Agreement and this Second Supplemental
Agreement.
5. Virginia Beach shall be permitted access to the current well for the duration of
this agreement. The duration of this agreement shall be until one of the following two dates
occurs, whichever is first:
a) Five years from the date of this Second Supplemental Agreement; or
4
b) The date on which Lake Gaston becomes operational. Gaston shall be
conclusively presumed to be operational on the day that, excluding preliminary tests, water
intended to be used to supply Virginia Beach or Chesapeake enters the Norfolk water system
through the Lake Gaston Pipeline.
6. Any terms of the Agreement or the Supplemental Agreement that are not
expressly altered by this Second Supplemental Agreement shall continue in force and effect.
7. Virginia Beach agrees to save Southampton harmless from any liability resulting
from the pumping, transmission and/or introduction of the water pumped from the cur-rent
well into any transmission system or reservoir.
8. Duplicate originals of this Supplemental Agreement shall be executed and
recorded in the Clerk's Office of the Circuit Courts of Southampton and Virginia Beach.
IN WITNESS WHEREOF, Southampton has caused this Second Supplemental Agreement
to be signed on its behalf by A. Meredith Felts, its Chairman of the Southampton County
Board of Supervisors and its Seal to be affixed hereto and attested by Rowland L. Taylor, its
County Administrator, pursuant to Ordinance adopted by its Board of Supervisors on
December 18, 1995, and Virginia Beach has caused this Second Supplemental Agreement
to be executed on its behalf by James K. Spore, its City Manager and its corporate seal
affixed hereto and attested by Ruth H. Smith, its City Clerk, pursuant to Ordinance adopted
by its City Council on 6
SOUTHAMPTON COUNTY, VIRGINIA
By: a-v,
Chai@rman
Board of Supervisors
5
ATTEST:
County Admini@ tor
THE CITY OF VIRGINIA BEACH,
VIRGINIA
ATTEST:
City Clerk
STATE OF
CITY/C@
The foregoing instrument was acknowledged before me this day of
19@, , by A. Meredith Felts who is Chairman of the Board of Supervisors of
Southampton County, on behalf of the County
My Commission expires:
STATE OF
CITY/COUNTY OF
'Me foregoing instrument was acknowledged before me this- day of
, 19-, by James K. Spore who is City Manager for the City of Virginia Beach,
on behalf of the City.
My Commission expires:
Notary
6
PROJECT LOCATION MP
S A P E A X E
Cl TY or
VIRGINIA
BEACH
V I R 13 I N I A
0
CITY OF CHESAPEAK
rc.
PROJECT LOCATION MAP
UCESTER
COUNTY ......
HAMPTON ROADS
VIRGINIA
AND ENVIRONS
N
KAMP
C H E S A P E A K E
B A Y
.................... .. ....
- 20 -
Item IV-K
CONSENT AGENDA ITEM # 40311
ORDINANCES
Upon motion by Vzce Mayor Sessoms, seconded by Councilman Dea@ City Council APPROVED in one
motion Ordinances 4, 5, 7 and 8 of the CONSEART AGENDA.
Voting: 10-0
Council Members Vofing Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heisehober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E Oberndorf, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
January 23, 1996
- 21 -
Item IV-KI
ORDINANCES ITEM # 40312
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to APPROPRL4TE $128,000 from the Stormwater Utility
Enterprise Fund's Retained Earnings to the Fund's I,Y 1995-1996
Operating Appropriations re consolidation of the Stormwater
Maintenance Fee Billing System with the Sanitary Sewer Maintenance
Fee Billing System of the Hampton Roads Sanitation District (HR,5D).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vzce Mayor William D. 5essona, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Nort e
Council Members Absent:
Nancy K Parker
January 23, 1996
1 AN ORDINANCE TO APPROPRIATE $128,000 FROM
2 RETAINED EARNINGS IN THE STORMWATER UTILITY
3 ENTERPRISE FUND IN ORDER TO IMPLEMENT
4 CONSOLIDATION OF THE STORMWATER MAINTENANCE
5 FEE BILLING SYSTEM WITH THE SANITARY SEWER
6 MAINTENANCE FEE BILLING SYSTEM OF THE HAMPTON
7 ROADS SANITATION DISTRICT
8 WHEREAS, Section 32.5-4 of the City Code authorizes the
9 charging of a fee to owners of all developed property in the City
10 for the purpose of funding the maintenance of the City's stormwater
11 management system;
12 WHEREAS, it has been determined that an annual savings in
13 administrative costs of approximately $158,000 can be realized by
14 consolidating the billing system for the stormwater maintenance fee
15 with the billing system for the Hampton Roads Sanitation Districts'
16 (HRSD) sanitary sewer maintenance fee;
17 WHEREAS, the cost to convert the current stormwater
18 billing program to a mainframe program in order that such
19 consolidation can occur is $128,000;
20 WHEREAS, the Stormwater Utility Enterprise Fund has
21 sufficient funds in its Retained Earnings to cover such
22 appropriation; and
23 WHEREAS, the administrative savings realized by such
24 consolidation will provide additional funding for stormwater
25 maintenance operations;
26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28 That $128,000 be appropriated from the Storinwater Utility
29 Enterprise Fund's Retained Earnings to the Fund's FY 1995-96
30 operating appropriations for the purpose of converting the existing
31 stormwater management service billing program to a mainframe
32 program in order to implement consolidation of its billing system
33 with that of HRSD.
34 Adopted by the Council of the City of Virginia Beach,
35 Virginia, on the -91 day ofj 1996.
DEPA:!T,@,,@!
APPROVk@:,D AS TO (I
@SUFFICI
CITY ATTORNEY
- 22 -
Item IV-K2
ORDINANCES ITEM # 40313
Upon motion by Councibnan Deam seconded by Councibnan Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRL4 TE $125,219 in State Revenue
to the Department of Mental Health-Mental Retardation-Substance
Abuse FY 1995-1996 Operating Budget for the Community Services
Board MetUcation Management Plan; and, estimated revenue be
increased accordingly.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, Wzlliam W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessotm, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
I AN ORDINANCE TO ACCEPT AND APPROPRIATE $125,219 IN STATE REVENUE
2 TO THE MENTAL HEALTH-M[ENTAL RETARDATION-SUBSTANCE ABUSE FY
3 1995-96 OPERATING BUDGET FOR THE CO TY SERVICES BOARD
4 @ICATION @AGFAIENT PLAN
5 Vi7HEREAS, the Community Services Board and the Department of Mental Health,
6 Mental Retardation, and Substance Abuse @RSA) are responsible for the coordination
7 and implementation of mental health, mental retardation, and substance abuse services;
8 VTMEREAS, the Virginia Department of MI-I/MR/SAS has historically operated an
9 Aftercare Pharmacy through State Hospitals which have been utilized for hospitalized and
I 0 discharged clients who return to their home communities;
I I VVMER-EAS, the Community Services Boards (CSBS) have historically advocated for
1 2 the transfer of these resources in order to enable a more efficient, effective, and responsive
1 3 local appropach in meeting the medication management needs of mental health consumers;
1 4 VVMEREAS, Virginia Department of MH/MR/SAS has agreed to transfer the funding
15 for the aftercare pharmacy to the nine CSBs in Eastern Virginia;
1 6 IMERFAS, the nine CSBs will work in unison where ecorimies of scale can be
1 7 realized and also will work with local resources to integrate and realign medication
1 8 management practices in a manner necessary to meet the evolving requirements of the
1 9 managed care era;
20 AS, the Executive Director of the Virginia Beach Community Services Board
2 1 has agreed through the attached contract to participate in the pilot project designed to improve
22 the method of managing medications for clients in the region; and
23 VMERAS, the contract states that the Virginia Department of MI-I/MR/SAS will
24 provide $125,219 in additional state funding to the Virginia Beach CSB for the pilot program.
25 NOW THEREFORE BE IT ORD BY THE COUNCEL OF THE CITY OF
26 VIRGMU BEACH, VIRGENIA, that $125,219 in additional state funding be accepted and
27 appropriated to the FY 1995-96 Operating Budget of the Depailment of Mental Health and
28 Mental Retardation and that estimated revenue from the state be increased by $125,219@
29 Adopted by the City Council of the City of Virginia Beach, Virginia, on the
30 Twenty-third , day of January , 1996.
This ordinance shall be effective from the date of its adoption.
Approved as to Content
Walter
Department of Management Service
Agreement # 924-96
COMMONWEALTH OF VERGMU
11
TMS DOCUMEENT CONST@ES AN AGREEM:ENT BETWEEN:
Virginia Beach community Services Board, Pembroke six - suite 208,
Virginia Beach, Virginia 23462-2891, hereinafter referred to as
Providing CSB;
The Department of mental Health, Mental Retardation and Substance Abuse
Services, office of medical Affairs, P.O. Box 1797, Richmond, Virginia
23214, hereinafter referred to as DMHMRSAS;
@ISDATED November 30, 1995
Whereas, DMHMRSAS and the Providing CSB have the authority to enter into
an agreement for the purpose of supplying medications to clients in the
community in accordance with Virginia Codes §37.1-101 and §37.1-199(b)(6).
Whereas, DMHMRSAS and the Providing CSB located in Health Planning
Region V (HPR V) have agreed to participate in a Pilot Project designed to
improve the method of managing medications for clients in the region.
Whereas, the purpose of the Pilot Project is to develop a more efficient
and cost effective method of managing procurement of medications for clients
served by the region's CSBS. Whereas, during the life of the Pilot Project,
evaluations will be made of efficiencies gained by transferring funding and
responsibility from the Aftercare Pharmacy at Hiram Davis Medical Center
(HDMC) to the HPR V CSBS.
Now therefore, DMHMRSAS and Providing CSB enter into this agreement and
in consideration of the mutual covenants and stipulations set out herein,
agree as follows:
1. o Period of Agreement:
1.1 This initial period of this agreement shall commence upon final
execution and shall terminate on June 30, 1996, covering the period
beginning December 1, 1995 through June 30, 1996.
1.2 This agreement shall automatically be extended for four (4) one
year periods covering July I through June 30 for each subsequent
renewal, unless canceled by either party as outlined in Section
6.2, Number 1.
2.o D AS Responsibilities:
2.1 DMHMRSAS shall identify the appropriate annualized amount of
funding for the Aftercare Pharmacy that is available for the Pilot
Project. The amount available shall be based on the Providing CSB
utilization for the last six (6) months of fiscal year FY 1995.
The total funding to be transferred to the Providing CSB shall be
a prorated portion of HPR V funding based on CSB utilization.
2.2 DMHMRSAS shall provide a revised formulary of medications available
from the state Aftercare Pharmacy to reflect the cost per day and
the cost per year based on an average daily dosage. This
information shall be distributed to each CSB in HPR V and each
facility for review and comments. Recommendations for adding or
deleting drugs shall be made during this review process.
2.3 When a DMHMRSAS facility physician determines it is appropriate for
an individual who is being discharged to HPR V, a thirty (30) day
supply of medication shall be provided to the client upon discharge
from any discharging facility.
3. 0 Providing CSB Responsibilities:
The Providing CSB shall:
3.1 Exercise any purchase options it determines is in the interest of
the CSB consistent with state and local procurement policies.
Medication purchases shall be paid for with transferred funding
provided by DMHMRSAS.
3 . 2Retain any residual monies available at the end of the Pilot
Project resulting from enhanced efficiencies. Savings are intended
to address service delivery system needs.
3 . 3Be responsible for the cost of medications in excess of the amount
transferred from DMHMRSAS except under circumstances detailed in
number 5.7
3.4 Determine, when utilizing public funds to purchase medications for
financially and medically eligible individuals through the
community mental health system, if the clients obtaining medication
through the CSB have a demonstrated financial need for assistance.
Determination of financial need shall be made by using existing
policies and procedures in place at each CSB.
3.5 Insure that a physician determines that the medications are
medically necessary or appropriate for each client.
3.6 Designate qualified CSB staff to indicate that at the time of the
eligibility determination and review that the client's have a DSM-
IV diagnosis as designated below:
Adults: Mood Disorder
Schizophrenia
Other Psychotic Disorders
Borderline Personality Disorders
Anxiety Disorders
Children: Any mental health problems diagnosed under DSM-IV.
3 . 7Determine, in addition to the above criteria, if a person also has
significant functional impairment as measured by the Global
Assessment of Functioning (GAF) Scale. At the time of the initial
assessment for eligibility the GAF score must be 55 or below.
3.8 Designate specific staff as qualified to make eligibility for
pharmacy service determinations.
3.9 Utilize uniform assessment protocols.
3.10 Develop and implement an internal appeal process so that
individuals may request a review of their eligibility.
3.11 Develop a process to provide transition pharmacy services for those
current clients who no longer meet eligibility requirements.
3.12 Review clinical eligibility determinations no less than every three
(3) months with review of financial eligibility determinations to
be made consistent with individual Board policy.
3.13 Address client financial hardship situations in a manner that is
consistent with existing CSB policy.
3.14 Provide appropriate Medicaid information to HDMC, when utilizing
HDMC for a Medicaid eligible client to allow HDMC to perform.
3.15 Providing CSB shall assure appropriate prescribing practices are
utilized by CSB physicians.
4.0 I)eliverables:
4.1 The Providing CSB shall submit to DMHMRSAS on a quarterly basis, a
narrative summary and statistical analysis outlining the progress
of the Pilot Project.
s. o Funding Transfer/Financial Criteria:
5.1 The amount of funding transferred to the Providing CSB has been
developed by the Central Office of DMHMRSAS. Supporting
documentation used in development of the amount to be transferred
is available for review by the Providing CSB upon request.
5.2 The appropriate amount of funding shall be added to the Providing
CSB's base funding and become part of the July 1 through June 30
allocation for each year.
5.3 The amount to be added to the base budget of Virginia Beach
Community Services Board for the initial term will be based on
prorated six (6) month period in the amount of $125,219.
5.4 The amount to be added to the base budget of Virginia Beach
Community Services Board for each subsequent renewal period shall
be in the amount of $250,438, unless amended in writing.
5.5 When the Providing CSB chooses to utilize the HDMC pharmacy, the
amount billed the Providing CSB shall include the cost of the
medication and an appropriate dispensing fee per prescription.
5.6 HDMC shall discontinue to make the traditional distinction between
Aftercare and Non-Aftercare prescriptions and charge the Providing
CSB for all prescriptions in a like manner.
5.7 Upon receipt at HDMC of appropriate Medicaid information from the
Providing CSB for Medicaid eligible clients, HDMC shall invoice
Medicaid as necessary. The amount billed to the Providing CSB
shall be net of payments received from Medicaid.
5.8 Clozapine purchases for non-Medicaid individuals shall be funded
apart from the Pilot Project.
6.o Special Terms and Conditions:
Whereas, the Pilot Project represents a significant departure from
traditional practices, the Providing CSB should be afforded protection
from financial burden of extraordinary events.
6.1 Modifications:
1. Significant changes with major factors affecting this
agreement, e.g., major increases in client levels due to
closing off of DMHMRSAS facilities, significantly
unanticipated increases in medication cost, etc., may result
in renegotiation of the funding provided to the CSB under this
agreement.
2. This agreement is the entire understanding of the parties, any
modifications shall be mutually agreed upon by both parties in
writing.
6.2 Termination of Agreement:
1. This agreement may be canceled by either party, DMHMRSAS or
the Providing CSB upon 30 days written notice.
2. If this agreement is terminated, DMHMRSAS shall be liable only
for the funding expended at the effective date of termination.
6.3 Confidentiality:
1. The Providing CSB shall adhere to the regulations promulgated
by the Code of Virginia about safeguarding the confidentiality
of client related information.
6.4 Financial Records Availability:
1 . The Providing CSB agrees to retain all books, records, and
other documents relative to this agreement for five (5) years
after the date of service plus one (1) year for audit
purposes. DMHMRSAS its authorized agent, and/or State
auditors shall have full access to and the right to examine
any said materials during said period.
IN S@REOF, the parties have caused this agreement to be duly
executed intending to be bound thereby.
Virginia Beach
Comm@ity Services Board
By:
Dennis I. Wool, Ph.D.
Exe(,utive Director
Date:
Department of Mental Health, Mental Retardation
and Subst-ano-P Ahilca cz-,,,;ces
By:
Timothy A. Kelly, Ph.D.
commissioner
Date:-
CITY OF VIRGINIA BEACH COMMUNITY SERVICES BOARD
FY-96 ADDITIONAL REVENUES & APPROPRIATIONS 08-Jan-96
Appropriations 23101
Account Codes
1100 Execubve Salaries
01110 Middle Management Salaries
01130 Professional Salaries
01150 Technical Salaries
01170 Clerical Salaries
01180 Skilled Salaries
01230 Professional Overtime
01270 Clerical Overtime '
01330 Temp Profess Salaries
01370 Temp Clerical Salaries
01380 Temp Skilled Salaries
01910 Contracted Manpower
Total Personnel
02101 FICA
02102 FICA Service Awards
02104 FICA-Medicare
02201 Retirement
02301 Health & Dental Insur
02302 Life Insurance
02307 Unemployment Compen
Total Fringe Benefits
03101 Professional Health Svcs
03102 LegalSvcs
03103 Other Prof Svcs
03104 Independent Auditing
03201 General Maint & Repair
03202 General Maint-Facility
03301 Advertising
03401 Printing-Outside
03402 Laundry & Dry Cleaning
03403 Photographic Services
03406 Refuse Disposal Svcs
03407 Other Contractual Svcs
Total Contractual Services /0@
04102 Microcompufing Services
04201 City Garage Services
04301 Central Store Charges
04401 Print Shop Charges
04501 Risk Management Charge
Total Internal Services
05101 Electric Services
05102 Heating Services
05103 Water Services
05104 Sewage Services
05201 Postal SeNices
05203 Telecommunications
05401 Office Supplies
05402 Food& Food Service Sup
05404 Medical & Lab Supplies $125,219
05405 Housekeeping& Janitor Sup
05406 Household Supplies
Appropriations 23101
Account Codes MH Program Clinical
05407 Building Maintenance Sup
05410 Uniforms & Wearing Apparel
05412 Books& Subscriptions
05413 Educational & Library Sup
05414 Recreational Supplies
05415 Computer Supplies
05416 Microfilming Supplies
05417 Photographic Supplies
05421 Construction Mat'@ Supplies
05423 Other Operating Supplies
05499 Non-Capital Equipment
05501 Professional Improvement
05502 Travel-Routine
05507 Mandated Certification
05508 Training
05708 Regular Foster Care
05801 Dues & Assoc Memberships
05804 Miscellaneous
Total Other Charqes
07101 Repl Machinery & Equip
07102 Repi Furniture & Fixtures
07103 Repl Communication Equip
07105 Repi Motor Vehicles
07301 Machinery& Equip
07302 Furniture & Fixtures
07303 Communication Equip
07305 Motor Vehicles & Equip
07307 Data Processing Equip
Total Capital Outlay
08001 Lease/Rent of Equip
08002 Lease/Rent of Buildings
Total Leases & Rentals
Total $125,2i9
FTE Request
Revenue 23101
Account Codes
241361 Medication Services $125,219
nations $125,219
NOV I
COMMONWEALTH of VIRGINIA
DEPARTMENT OF
Mental Health. Mental Retardation and Sub, tonce Abuse Services
TIMOTHY A. KELLY. Ph. D. P. 0. BOX 1797
COMMISSIONER RICHMOND. VA 23214
(8N) 7W-3921
November 15, 1915 (804) 371-8977 VOICEFTDD
Dennis I. Wool, Ph.D.
Virginia Beach Community Services Board
Pembroke Six - Suite 208
Virginia Beach, Virginia 23462-2891
Dear Dr. Wool:
I have enclosed the following documents for your signature;
Three (3) copies of contract f924-96 for the HPR V Pharmacy
Pilot Project.
Please sign all three (3) copies of the c,3ritract and return to me. Once
executed, we'll send you a copy of the cdtitract for your records. This
contract will not become binding upon this agency until it has been approved
by our commissioner, Dr. Timothy A. Kelly.
should you have any questions, please contact me at (804) 786-3915.
Sincer(,Iy,
'le
Michae
Grants
COMMUNIW SERVICES BOARD PEMBROKE SIX, SUITE 208
(604) 437-5760 VIRGINIA BEACH. VIRGINIA 2@62
I" (8N) 4@57M
December 20, 1995
Ms. Kendra J. McCarthy, CPPO
Director of Administrative Services
Commonwealth of Virginia
Department of MH/MR/SAS
P.O. Box 1797
Richmond, Virginia 23214
Dear Kendra:
Enclosed you will find three executed copies of our Pharmacy Contract. Please
return a fully executed copy for our files upon Dr. Kelly's signing.
Hope you are doing well and pacing yourself amongst your responsibilities and
joys. Happy Holidays!
Sincerely,
I
@mes P. Duffy
Director of Finance & Administration
- 23 -
Item rV- K 3.
ORDINANCES ITEM # 40314
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRBITE $55,957 in Federal
Funding, $7,487 in Grant Revenue and $15,000 in State Funding for a
total amount of $78,444 additional funding for the FY 1995-1996
Operating Budget of the Department of Mental Health-Mental
Retardation-Substance Abuse; authorizing the City Manager to execute
any grant agreements,- appropriations be subject to the continuation of
fiinding,- ani4 estimated revenue be increased accordingly.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dea?t William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. ';essoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
January 23, 1996
I AN ORDINANCE TO ACCEPR AND APPROPRIATE $55,957 IN FEDERAL
2 FUNDING, $7,487 IN GRANT REVENUE, AND $15,000 IN STATE FUNDING FOR A
3 TOTAL AMOUNT OF $78,444 IN ADDITIONAL FUNDING FOR THE DEPARTMENT
4 OF MENTAL HEALTH-MENTAL RETARDATION-SUBSTANCE ABUSE
5 WHEREAS, the Community Services Board and the Department of Mental Health,
6 Mental Retardation, and Substance Abuse (MEMRSA) are responsible for the coordination
7 and implementation of mental health, mental retardation, and substance abuse services;
8 WHEREAS, the Department has received $55,957 in additional federal funding for
9 community prevention services to children whose parents are incarcerated;
I 0 WHEREAS, the Department has received a grant of $7,487 from the March of Dimes
I I to fund educational outreach programs of Project LINK;
1 2 WHEREAS, the Department has received $15,000 in additional state funding to
1 3 provide one-time start-up cost for contractual residential support for three clients;
1 4 WHEREAS, the requested increases in appropriations are subject to the continuation of
1 5 funding;
1 6 NOW THEREFORE BE IT ORDAINED BY THE COUNCIIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA,
1 8 1. That $55,957 in Federal funding, $7,487 in grant funding, and $15,000 in state
19 funding, for a total amount $78,444 in additional funding, be accepted and appropriated to the
20 FY 95-96 Mental Health - Mental Retardation - Substance Abuse Operating Budget;
21 2. That estimated revenue from the Federal government, grants, and state government
22 be increased by $55,957, $7,487, and $15,000 respectively;
23 3. That the appropriations are subject to the continuation of funding;
24 4. That the City Manager is hereby authorized to execute any grant agreements
25 associated with the acceptance and appropriation of these funds.
26 Adopted by the City Council of the City of Virginia Beach, Virginia, on the
27 Twenty-third day of January 1996.
28 This ordinance shall be effective from the date of its adoption.
Approved as to Content
z'@v'CF-S BOARD
PRIATIONS 2G-Dec-95
Account Codes Total
a Salaries
Management Salarie! so
nal Salaries so
al Salaries so
Clerical Salaries So
01180 Skilled Salaries
01230 so
Professional Overtime so
01270 Clerical Overtime so
01330 Temp Profess Salaries so
01370 Tamp Clerical Salaries so
01380 Temp Skilled Salaries so
01910 Contracted Manpower so
Personnel S49.793 $49,793
FICA m
FICA Service Awards $0
FICA-Medicare $0
Retirement so
Health & Dental Insur $0
Life Insurance $0
02307 Unemployment Compen $0
so
onal Health Svcs
so
rof Svcs $0
dentaudrdng $0
03201 General Maint & Repair $0
03202 General Maint-Facilfty $0i
03301 Advertising
03401 $0
Prinfing-Outside $0
03402 Laundry & Dry Cleaning $0
03403 Photographic Services $0
03406 Refuse Disposal Svcs
03407 Other Contractual Svcs $0
$7 497 Sig nnn $0
$22.487
mpufing Services
rage Services
Store Charges
op Charges $0
isk Management Charge so
$0
$0
so
$0
Telecoi $0
$0i
05401 Office Supi $0
05402 Food& Foo $5,10
05404 Medical & [ $ f.500
05405 Housekeep
ng Mai
s & Wearing Appa rvices
& Subscriptions so
& Library Sup so
4 Recrei I Supplies so
05415 Computer Supplies so
05416 Microfilming Supplies so
05417 Photographic Supplies so
05421 Construction Mat,& Supplies so
05423 Other Operating Supplies $0
so
Non-CaPital Equipment $500 S500
Professional Improvement
Travel-Roubne so
Mandated Certification $864 so
Training $864
$0
Regular Foster Care $300 $300
05801 Dues & Assoc Membership
05804 Miscellaneous so
so
so
7101 Repl Machinery & Equip
7102 Repl Furniture & Fixtures so
7103 Repl communication Equip $0
7105 Repl Motor Vehicles so
7301 Machinery& Equip
7302 Furnfture & Fixtures so
303 Communication Equip so
305 Motor Ve $0
307 Data Proi $0
$0
00
001 Lease/Re
002 Lease/Rei
Total Le $0
Total $0
FTE Request
189926 March of D s
241304 MH&Retar(
COMMONWEALTH of VIRGINIA
DEPARTMENTOF
TIMOTHY A. KELLY. Ph. 0. Mental Health, Mental Retardation and Substance Abuse Services
COMMISSIONER P 0- BOX 1797
RICHMOND. VA 23214
(804) 786-3921
December 15, 1995 (804) 371-8977 VOICEMD
Mr. Dennis I. Wool, Ph.D.
Executive Director
Virginia Beach Community services Board
Pembroke Six - Suite 208
Virginia Beach, Virginia 23462
Dear Mr. wool:
I congratulate YOU on Your successful application for Community-Based
Violence Prevention Services in response to Request for Grant
Application 1720-96704M. Enclosed please find a COPY of the Notice of
Intent to Award.
e and will be
Contract documents will be Prepared over thetnraxt 7w-illlo bdeacyosme effective
forwarded to you for your signature. The con
once returned and signed by the Commissioner of the Department of Mental
Health, Mental Retardation and substance Abuse Services.
Should you have any questions, please contact me at (804) 786-3915.
Sincerely,
t
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION
AND SUBSTANCE ABUSE SERVICES
PUBLIC NOTICE
NOTICE OF INTENT TO AWARD
DATE: December 14, 1995
SERVICE: Community-Based Violence Prevention services
SOLICITATION NUMBER: RFGA 1720-96704M
INTENDED PROVIDERS:
Portsmouth Community Services Board
500 Crawford Street - Suite 400
Portsmouth, Virginia 23704
crossroads community Services Board
P.O. Drawer 248
Farmville, Virginia 23901
Region Ten Community Services Board
413 E. Market Street
Charlottesville, Virginia 22902
Wise County Public Schools
P.O. Box 1217
Wise, Virginia 24293
New River Valley Community Services Board
195 West Main Street
Christainsburg, Virginia 24073
Virginia Beach Community Services Board
Pembroke Six - Suite 208
Virginia Beach, Virginia 23462
Goochland County office On Youth
P.O. Box 910
Goochland, Virginia 23063
AWARD AMOUNT: Portsmouth Community Services Board - $111,838.46
Crossroads Community Services Board - $79,540.00
Region Ten Community Services Board - $88,661.68
Wise County Public Schools - $65,311.00
New River Valley Community Services Board - $25,529-00
Virginia Beach Community services Board - $55,957.00
Goochland County Office on Youth - $22,632.00
CONTRACT OFFICER: Michael J. oprysko, CPPB,VCO
786-3915
POSTED: December 14, 1995; 3:45 p.m.
REMOVED:
a
Bl"h Defe,t, Foundati,,
Gre0ter HamPto, Rlnds
3090 Brickhouse Cout
Virginia Beach, VA 234S2
804-486-1001 (S@uthside)
8C)4-599-4840 (Peni,,uj,;
00
1-8 -732-7097 (Toll Free)
804-486@481 7 (F,,)
400-D Commerce Circle
Yorktow,, VA 23693
-4840
804-599
804-595-2849 f
1,800-732 7097 (Toll Fre,,)
804-595 3975 (F,,) December 13, 1995
Kathryn Hall
Project LINI<
Virginia Beach C.S.B.
Pembroke 6 Suite 202
Virginia Beach, VA 23462
Dear Ms. Hall:
1996 7,487 of your
Our Health Professionals Advisory aCpOpmrmoivtete$e (HPAC) has
recommended that Our Executive committee rograms of
grant Proposal to fund educations outreach p
Project LINK. There were several excellent proposals for
consideration and a limited grant line from which to operate. Our
committee regrets that we were unable to provide the full grant
recluest of $9,860.
Please submi a six month progress report in June, 1996, and
comple accounting report at th-e year end. Our fiscal
year c h the calendar year. You will receive two
instal, grant; one to be mailed in January, the other
will b4 n July or August.
We look forward to working With you in the coming year and
wish you much success in the development of this project. Our HPAC
is always available to provide technical assistance or guidance as
it pertains to our mission or objectives to any of our grantees.
Please contact me at 599-4840 should you desire that support.
For Healthier Babies,
6-1, )L ;(-
Ann Chambers, MPA
Dir. of Program Services
cc Betty Momoda, Director, Virgi n ia Chapter
Christie Tarr, Director, Greater Hampton Roads area
HealtliLier
Babies
COMMONWEALTH of VIRC
JINIA
Mental DEPAR7AIENT OF
TIMOTHY A. KELLY. Ph. D. Health, Afental Retardation and Substance Abuse Services
COMMISSIONER
P 0 BOX 1797
RICHMOND. VA 23214
(804) 786-3921
(804) 371-8977 VOICEITOD
December 8, 1995
Mr. Tames P. Duffy
Assistant Director
Finance and Evaluation
Virginia Beach CSB
Pembroke Six, Suite 208
Virginia Beach, VA 23462-2891
Dear Mr. Duffy:
Please be advised that
agency by
Financial EDI Will be transmitted to your
second semi (Electronic Data Interchange) for the
-Monthiv payment fo
reflected in the I-
0 This deposit should be
YOU do not receiv, ecord on b
amount, , lqqr. if
Please noti or if YOU received a different
immediately.
If YOU need additional information or have questions Please call
at 786-1550 or me at 786-3924.
Sincerely,
@ZIZ -
Mike Casa@snovas
Assistant Fiscal Director
MC/acg
Xc: Paul Gilding
Arlene Good
DC-PARTMENT of ME-NTALI[EALTII. MENTAL RETARDATION and SUBST@'Cl' ABUSE SERVICES
NOTIFICATION OF FUNDING
Virginia Beach
Executive Director: Dennis Wool
Community Services Board:
ONSUMERNAME CONSUM R NAME CSFARTDA@TE
1 Marsha Frank
la 7
nii 8
onst 3
um ng SP6'C'ase Manage me it, 0
Approved Allocati FY-97
WAIVER $234,281
(FFP and Match)
I WAIVER I
I
i OR THROUGH DEPARTME@
WAIVER MATCH PRovlbffD- $0
BY CSB
SPO FEES (FFF
for CASE MANAGEAIENT
CASE MANAGEI 3,070
PROVIDED BY THE DEPARTMENT
CASE MANAGEMEN SPO MATC@ so
PROVIDED BY THE CSR
aid?
ONE-TIME
MR STATE GEi
FUNDI FY-96 FY-97
CVTC Initiative $83,699 $117,001
CSB CC)NVER7, $0 $0
CSB CONVEP,@ $0 so
Approved:
-Date:
- 'v v @ k -1 -,Lk \I
DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION,
AND SUBSTANCE ABUSE SERVICES
DATE@ 11/30/95
SERVICES E30ARD:
WARRANT PAYABLE TO:
MAIL WARRANT TO: Citv of Virninin
FIN#, 54-0722061-00
This approval of a State Grant of Funds is authorized by Chapter 1 0, Title 37. 1, Sections
37.1 -194 through 37.1 -200 of the Statutes of Virginia and funded by Item 41 0 of the
Appropriations Act. Please be advised that funding for the programs indicated has been
approved and submitted to the State Comptroller for payment.
ROGRAM OLLARS
,9531)0
Mental Health Servicp-,z
ental Retardation Services
73,503 00
15,000.oo
TE
40,143.00
3,148.00
EE NOTES PAGE 3
ONTINUED ON PAGE 2
REQUESTF@'R WARRANT
VIRGINIA E3[:ACH CSB
PAGE 2
Mentall thealth -
lealth FEDERAL
F L9@6
,771 00
11003 00
lulstance Abuse Services - F DERAL
A Alcohol FBG CFDA 93.9591 (8) 10,235.00
12,623.00
,404.00
0.00
0 00
833.00
1,667 00
1,667 00
AMOUNT OF STATE FUNDS REQUESTED FOR THIS WARRANT: 274.703 00
UE DATE 5 95
ENDOR ESCRIPTION TOTAL AMOUNT INV DATE
788990 PAYMENT 12 OF 24 274,703 30-Nov-95
9 COST FUND ACCT PROJECT PROGRAM AMOUNT
325 788 823 05 1431 9000000 88823 9,953
325 788 824 05 1431 9000000 88824 89,753
325 788 830 05 1431 9000000 88830 88,503
325 788 815 05 1431 9000000 88815 43,291
325 788 827 99 1431 5091500 88827 1,003
325 788 837 99 1431 509350o 88837 5,771
325 788 818 99 1431 50945oo 88818 10,235
325 788 816 99 1431 5094500 88816 0
325 788 826 99 1431 5094500 88826 1,667
325 788 825 99 1431 5095500 88825 12,623
325 788 826 99 1431 50955oo 88826 1,667
325 788 938 99 1431 5095500 88938 0
5 788 814 99 1431 5097500 88814 9,404
25 788 826 99 1431 5097500 88826 833
EE NOTES PAGE 3
ONTINUED ON PAGE 3
MARCH OF DIMES BIRTH DEFECTS FOUNDATION
GRANT ACCOUNTING REPORT
From: To:
nstitution/Agenc
ity State/Zip
eet ress
ease reac pproved ing a ance to be
et Grant Year Returned
Name and Position
q,u pmen
List each item and amount over -
100-00
- -
C. Expendable Supplies
List each item amount ove - -
$50.00 - -
--
-
D. Other Expense
List each item amount ove -
$50.00
-
-
TOTAL DIRECT COSTS ABOVE A+B+C+D
Indirect Costs
ENTER TOTAL AMOUNT To BE RETURNED
S16NATURE-pROGRAM DIRECTOR DATE SIGNATURE-Flt4ANCIAL OFFICER DATE
TLE
- 24 -
Item IV-K4
CONSENT AGENDA ITEM # 40315
ORDINANCES
UPon motion by Vice Mayor Sessom, seconded by Councilman DearL City Council ADOPTED:
Ordinance to APPROPRL4TE $28,500 to the Public Beach
Improvements Program Project (CIP #2-052) and to increase estimated
revenue fi-om the sale of rights-of-way on portions of Ocean Avenue
and A7een Street to supplement funding for construction of a walkway
and wood fence between Sea Pointe Shores Condominiums and Dunes
Condominiums.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Ileischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
1 AN ORDINANCE TO APPROPRIATE $28,500 TO THE PUBLIC BEACH IMPROVEMENTS
2 PROGRAM PROTECT (CIP #2-052) AND TO INCREASE ESTIMATED REVENUE FROM THE
3 SALE OF RIGHTS-OF-WAY ON PORTIONS OF OCEAN AVENUE AND KLEEN STREET TO
4 SUPPLEMENT FUNDING FOR CONSTRUCTION OF A WALKWAY AND WOOD FENCE
5 BETWEEN SEA POINTE SHORES CONDOMINIUMS AND DUNES CONDOMINIUMS
6 WHEREAS, City Council approved on August 8, 1995 for portions of Ocean
7 Avenue and Kleen Street rights-of-way to be closed and for a pedestrian easement
8 to be dedicated between the Sea Pointe Shores Condominiums and the Dunes
9 Condominiums;
10 WHEREAS, City Council also directed that improvements on said easement be
11 made to enhance the privacy of the adjacent existing condominiums by construction
12 of a walkway and fence;
13 WHEREAS, City Council directed that funds received from the closure of said
14 rights-of-way be used to supplement funding for the construction of said walkway
15 and fence;
16 WHEREAS, the City of Virginia Beach has received $28,500 for the closure
17 of the rights-of-way;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA:
20 That $28,500 be appropriated to the Public Beach Improvements Program
21 Project (CIP #2-052) for the purpose of supplementing existing funds to construct
22 a walkway and fence between the Sea Pointe Shores Condominiums and the Dunes
23 Condominiums;
24 That these appropriations be funded from an increase in estimated revenues
25 from the closure of portions of Ocean Avenue and Kleen Street rights-of-way.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the
27 Twenty-third day of Januar i996,
APPROVED AS TO CONTENT
APPROVED AS TO
LEGAL SUFFICIENR@Y
@av,cl r, Krm
Mpt, ot Manage@nt nr4 OW"
- 25 -
Item IV-K5
CONSEAIT AGENDA ITEM # 40316
ORDINANCES
Upon motion by Vice Mayor 5essotw, seconded by Councilman Dean, City Council ADOPTED:
Ordinance to APPROPRIATE $7,000 to the I, Y 1995-1996 Operating
Budget of the Department of Museums within the Francis Land House
Board of Governors Trust Fund for operating and program expenses and
interior restoration of the Franc& Land House.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
1 AN ORDINANCE TO APPROPRIATE $7,000 IN THE
2 FRANCIS LAND HOUSE BOARD OF GOVERNORS TRUST
3 FUND FOR EXPENDITURES IN SUPPORT OF THE
4 MISSION, GOALS, AND ACTIVITIES OF THE FRANCIS
5 LAND HOUSE
6 WHEREAS, the Francis Land House Board of Governors
7 advises the Francis Land House staff on mission, goals, and
8 activities;
9 WHEREAS, funds available through estimated revenues and
10 the current balance in the Francis Land House Board of Governors
11 Trust Fund exceed $7,000; and
12 WHEREAS, the Board of Governors desires to use $7,000
13 from the Francis Land House Board of Governors Trust Fund in
14 support of the mission, goals, and activities of the Francis Land
15 House.
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18 That a total of $7,000 be appropriated to the FY 1995-96
19 Operating Budget of the Department of Museums within the Francis
20 Land House Board of Governors Trust Fund for operating and program
21 expenses and interior restoration of the Francis Land House, with
22 $2,000 being appropriated from fund balance and $5,000 being offset
23 by estimated revenue in the Francis Land House Board of Governors
24 Trust Fund.
25 This ordinance shall be effective on the date of its
26 adoption.
27 Adopted by the Council of the City of Virginia Beach,
28 Virginia, on the 23 day of January 1996.
APPRO'. @CAL
I
SUFFICI,@@@/--@D FORM
,TY ATTORNEY
- 26 -
Item IV-K6
ORDINANCES ITEM # 40317
TONY Arnold, Facilities Planning and Construction, Phone: 563-1204
UPon motion by Vice Mayor Sessom, seconded by Council Lady Strayhorn, Council ADOPTED.
Ordinance to TRANSFER $432,432 from various school Capital
Projects to Capital Project 1-021 "Middle @chool-1997- re Corporate
Landing Middle School.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoif Pice Mayor William D Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
I AN ORDINANCE TO TRANSFER $432,432
2 FROM VARIOUS SCHOOL CAPITAL PROJECTS TO
3 MIDDLE SCHOOL 1997 CAPITAL PROJECT
4 S, the FY 1995-1996 / FY 2000-2001 Capital Improvement Program has
5 $17,501,350 appropriated for construction in Project 1-021 "Middle School - 1997";
6 WHEREAS, the School Division has received bids for such construction, the lowest of
7 which exceeds $19 million;
8 WHEREAS, the School Division has realized some project cost savings through application
9 of value engineering techniques, and has still found a need for additional construction
10 appropriations of $432,432;
1 1 WHEREAS, the School Board has requested the City Council to transfer funds from the
12 following School Capital projects to meet this need:
1 3 1-010 Ocean Lakes High School $ 4,783
14 1-050 Kemps Landing Intermediate School $ 3,190
15 1-059 Pay-as-You-Go $ 24,459
16 1-062 ADA School Modifications $ 200,000
17 1-077 Kellam High School Additions $-2@
18 $ 432,432
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA that funds in the amount of $432,432 be transferred to Capital
22 Project 1-021 "Middle School 1997" from various School Capital projects listed above.
23 This ordinance shall be effective on the date of its adoption.
24 Adopted by the Council of the City of Virginia Beach, Virginia on the 23 day of
25 Ja 1996.
26 Approved as to Content: AFF-r(Ol-LD AS Te)
LE-
27
28
29
- 27 -
Item IV-K 7
CONSENT AGENDA ITEM # 40318
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Dean, City Council ADOPTED:
Ordinance to authorize License Refunds in the amount of $43,367.56
upon application of certain persons and upon certification of the
Commissioner of the Revenue.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, rice Mayor William D. 5essoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
NO. CA 8 FWV, 3ft
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
Year Paid Base Penalty lnt. Total
Tzerefos, Lambros/Denis j. Bradshaw
T/A Microtech 1995 Audit @@0.00 60.00
1501 Millington Drive
Virginia Beach, VA 23464
Virginia Beach Pediatrics center
921 First colonial Road 1995 Audit 3,107.85 3,107.85
Virginia Beach, VA 23454
Certified as to Payment:
art
Commissioner of the Revenue
Approved as to form
This ordinance Shall be effective from date of
adoption.
The above abatement(s) totaling $ 3 I 67. 85 were approved by the Council
of the City of Virginia Beach on the 3@ day of '1996
uth Hodges Smith
City Clerk
NO. CA a @@ 3"
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
Thompson Car Stereo, Inc. 1994 Audit 29.34 29.34
504 Parker Road
Chesapeake, VA 23320
Ti Shop, Inc. The 1993 Audit 17.63 17.63
T/A Executive Neckwear
153 Prospect Street
Waterbury, CT 06723
Tut N Sons Yard Works, Inc. 1994 Audit 45.54 45.54
536 Clearfield Avenue
Chesapeake, VA 23320
Certified as to Payment:
RWert P. Vaughan
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $92 . 51 were approved by the Council
23 january 96
of the City of Virginia Beach on the day of 19 -
Ruth Hodges Smith
City Clerk
NO CA 8 @. 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 certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty lnt. Total
Roberson, Gary L. 1993-94 Audit 896.18 896.18
412 oakmears crescent #202
Virginia Beach, VA 23462
standard communications, Inc,
668 Biltmore Drive 1992-94 Audit 330.93 330.93
Virginia Beach, VA 23454
Temple-Inland mortgage corporation
901 mopac Expressway South 1993-94 Audit 2,882.54 2,882.54
Austin, TX 27846
Certified as to Payment:
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling were approved by the Council
of the City of Virginia Beach on the @3 day of January .19 96
muin Hodges Smith
City Clerk
No cA a Pev am
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
Year Paid Base Penalty Int. Total
Pulp, Inc, 1994 Audit 31.22 31.22
T/A Zenos Books
1112 Sparrow Road
Chesapeake, VA 23325
Quality Nails, Inc. 1995 Audit 36.00 36.00
4701 White owl crescent
Chesapeake, VA 23321
R & K S Enterprises, Inc. 1994-95 Audit 85.45 85.45
T/A Pets Etc.
5300 Kempsriver Drive #110
Virginia Beach, VA 23464
Certified as to Payment:
Approved as to form
Les ie L Lillev
This ordinance Shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling $152.67 were approved by the Council
of the City of Virginia Beach on the 23 day of January @6
muin Hodges Smith
City Clerk
NO. CA 0 FTEV@ 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 certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Pamco Enterprises, Inc. 1995 Audit 3,026.20 3,026.20
P.O. Box 5585
Virginia Beach, VA 23455
Pender, Virginia S. 1993 Audit 20.00 20.00
T/A Cha Cha Food
126 Sawgrass Bend
Virginia Beach, VA 23451
Providence Road Family Practice, P.C.
5320 Providence Road #301 1994 Audit 2,711.28 2,711.28
Virginia Beach, VA 23464
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form
e@slie L. Lilley@
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 5 , 7 57 . 48 were approved by the Council
23 January 96
of the City of Virginia Beach on the -- day of 19 -
Ruth Hodges Smith
City Clerk
NO CA 6 @. 3W
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
Year Paid Base Penalty lnt. Total
John-Tom, Inc. 1994-95 Audit 180.61 180.61
T/A Hampton Roads Business machine
5104 Greenwich Road
Virginia Beach, VA 23462
Marsha Lynn Building Corporation
4480 Holland office Park #225
Virginia Beach, VA 23462 1994-95 Audit 18,623.68 18,623.68
Norfolk Paint Co., Inc. 1994-95 Audit @39.71 339.71
T/A Norfolk Paint Co. Indian River
1373 Ingleside Road
Norfolk, VA 23502
Certified as to Payment:
le
avenue
Approved as to form
@ / -, @ -Y @
Le@ie L. Lill6y-
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling 144. 00 were approved by the Council
of the City of Virginia Beach on the 23 January 19 96
- day of
Ruth Hodges Smith
City Clerk
t4O@ CA & REV SU
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
Fischer, Henri P. 1994-95 Audit 33.72 33.72
C/O Asian Ministry Teams
T/A Advanced Resurfacing System of
Tidewater
818 Grand Boulevard 95 S-20
Kansas City, MO 64106
Frenkel, Ronald B. MD 1994-95 Audit 5,L81.30 5,181.30
T/A Cataract & Laser Center
of Eastern Virginia
287 Independence Blvd.
Virginia Beach, VA 23462
Hodges Construction Co., Inc.
2456 Bullock Trail 1994 Audit 68.15 68.15
Virginia Beach, VA 23454
Certified as to Payment:
go'bert P. Vaughan
Commissioner of the Revenue
Approved as to form
L@slie'L. Lilley
This ordinance shall be effective from date of City Attorney
adoption.
The above abatements totaling 5,281-17 were approved by the Council
23 January 96
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
too. cA a @. wo
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
Acredale Animal Clinic, Inc. 1995 Audit 560.08 560.08
T/A Rosemont Forest Veterinary Clinic
P.O. Box 64037
Virginia Beach, VA 23464
Afco of Tidewater, Inc. 1993-94 Audit @65.55 365.55
4807 Colley Avenue #4
Norfolk, VA 23508
Animal Emergency Clinic, P.C. 1993-95 Audit 1,186.03 1,186.03
T/A Animal Emergency Care
1060 Lynnhaven Parkway S-103
Virginia Beach, VA 2345"
Certified as to Payment:
@obert P. VaughatY'
Commissioner of the Revenue
Approved as to form:
Le@ie t. Lille'y'
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatements totaling $2,111.66 were approved by the Council
of the City of Virginia Beach on the 23 day of January 19 6
Ruth Hodges Smith
City Clerk
840. CA a FWVI 3"
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
Pham, Lahn Thi 1995 Audit 123.96 123.96
T/A Lovely Nails
285 Golden Maple Drive
Virginia Beach, VA 23452
Sandler & Kantro, P.c. 1994 Audit 378.67 378.67
413 W. York Street
Norfolk, VA 23510
Saunders, Milton A. Jr., MD 1993-95 Audit 10.00 10.00
T/A National Audio Text Services
762 Independence Boulevard #100
Virginia Beach, VA 23455
Tandy Corporation 1994 Audit 243.99 243.99
T/A Radio Shack 1946
P.O. Box 1643
Fort worth, TX 76101 Certified as to Payment:
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 were approved by the Council
of the City of Virginia Beach on the 2-i day of January 1996
Ruth Hodges Smith
City Clerk
NO, CA 9 FEV. SW
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
Holt, Stephanie V. 1995 Audit 7H@65 78.65
Route 3, Box 205-B
Crab Creek Road
Hendersonville, NC 28739
Monarch Supply Co., Inc. 1995 Audit 1,409.63 1,409.63
1000 Cavalier Boulevard
Chesapeake, VA 23323
Overhiser, Cynthia LPC & Associates
T/A Meridian Psychotherapy
2850 S. Ocean Boulevard #206
Palm Beach, FL 33480 1994 Audit 1,303.67 1,303.67
Certified as to Payment:
Commissioner of the Revenue
Approved as to form
4-42-
LWie-L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 91-95 were approved by the Council
23 January 96
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
- 28 -
Item IV-K8
CONSENT AGENDA ITEM # 4o3lg
ORDINANCES
Upon mol'o" by Vl'ce MaYOr Sessoms, seconded by Councilman Dean, City Council ADOPTED:
Ordinance to authorize Tax Refunds in the amount of $8,246.34 upon
aPPlic4tiOn of certain persons and upon certification of the City
Treasurer.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, UrIlliam W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf rice Mayor Urilliatn D. ';essolm, Jr. and
Louisa M. @trayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
FORM NO, C.,, 1 112 71 95 EMC
Page I of 2
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Y ear of Tax Number tion No. Paid
Henry C. Frenck, Att'y. 96 RE(1/2) 090176-4 11/3/95 196.02
Charles E.&Hazel Williams 95 RE(1/2) 128102-2 12/5/94 53.36
Charles E.&Hazel Williams 95 RE(1/2) 128103-1 12/5/94 77.60
Wilfred P.&Carole M. Large 94 RE(1/2) 067005-1 12/5/93 119.70
Wilfred P.&Carole M. Large 93 RE(1/2) 066343-5 10/11/93 129.93
Wilfred P.&Carole M. Large 92 RE(1/2) 065559-7 12/5/91 114.45
Wilfred P.&Carole M. Large 92 RE(2/2) 065559-7 9/3/92 128.92
Wilfred P.&Carole M. Large 94 RE(1/2) 067006-0 12/5/93 366.60
Wilfred P.&Carole M. Large 93 RE(1/2) 066344-4 10/11/93 397.91
Wilfred P.&Carole M. Larae 92 RE(1/2) 065560-4 12/5/91 350.52
Wilfred P.&Carole M. Lar-ge 92 RE(212) 065560-4 9/3/92 394.82
Wilfred P.&Carole M. Large 91 RF(1/2) 064960-4 2/26/91 359.51
Wilfred P.&Carole M. Large 91 RE(2/2) 064960-4 5/31/91 319.16
Wilfred P.&Carole M. Large 91 RF(1/2) 064959-7 2/26/91 122.06
Wilfred P.&Carole M. Large 91 RE(212) 064959-7 5/31/91 108.36
Wilfred P.&Carole M. Large 90 RE(1/2) 063833-2 1/18/90 321.62
Wilfred P.&Carole M. Large 90 RE(212) 063833-2 6/5/90 292.38
Wilfred P,&Carole M. Large 90 RE(1/2) 063832-3 1/18/90 102.82
Wilfred P.&Carole M. Large 90 RE(2/2) 063832-3 6/5/90 92.82
Wilfred P.&Carole M. Large 89 RE(1/2) 062860-1 12/5/88 251.28
Wilfred P.&Carole M. Large 89 RE(2/2) 062860-3j 6/l/89 251.28
Wilfred P.&Carole M. Large 89 RE(1/2) 062860-1 12/5/88 77.78
Wilfred P.&Carole M. Large 89 RE(212) 062860-1 6/5/89 77.78
Wilfred P.&Carole M. Large 8@3 RE(1/2) 060860-8 6/5/88 -?71.80
Wilfred P.&Carole M. Large 88 RE(2/2) 060860-8 6/5/88 233.99
Wilfred P.&Carole M. Large 88 RE(1/2) 060861-7 6/5/88 74.55
Wilfred P.&Carole M. Large 88 RF(2/2) 060861-7 6/5/88 89.2E
Wilfred P.&Carole M. Large 87 RE(1/2) 058613-3 5/19/89 228@98
Wilfred P.&Carole M. Large 87 RE(2/2) 058613-3 6/5/87 171.33
Wilfred P.&Carole M. Ldrge 87 RE(112) 058614-? 12/5/86 52.00'
Wilfred P.&Carole M. Large 87 RE(212) 058614-2 6/5/87 52.00
Wilfred P.&Carole M. Large 86 RE(1/2) 056177-6 12/5/85 171.33
Wilfred P.&Carole M. Large 86 RE(2/2) 056177-6 6/5/86 171.33
Wilfred P.&Carole M. Large 86 RE(1/2) @56178-:) 12/5/85 52.00
Wilfred P.&Carole M. Large 86 RE(2/2) 056178-@ 6/5/86 52.00
Wilfred P.&Carole M. Large 85 RE(112) 052534-,l 12/5/84 52.00
Wilfred P.&Carole M. Large 85 RE(2/2) 52534-zl 6/5/85 52.00
Wilfred P.&Carole M. Large 85 RE(1/2) 052533-@@ 5/7/87 215.3c'
Wilfred P.&Carole M. Large 85 PF(2,/2) 52533-1 @,17187 205.93
(Continued on Page 2)
This ordinance shall be effective from date of adoption.
The above abatements totaling Certifie as to payment;
were approved by
the Council of the City of Virginia
Beach on the- day of
John T. r
Approved as to form:
Ruth Hodges Smith
City Clerk
L@fie L. Lilley, t@y A orne@
FORM NO. C.A. 7 1 1/ 2 71 95 EMC
Page 2 of 2
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
Wilfred P. &Carole M. Large 84 RE(1/2) 049829-5 12/5/83 40.00
Wilfred P. &Carole M. Large 84 RE(2/2) 049829-5 6/5/84 40.00
Wilfred P. &Carole M. Large 84 RE(1/2) 049828-6 6/12/87 224.89
Wilfred P. &Carole M. Large 84 RE(2/2) 049828-6 6/12/87 215.90
Wilfred P. &Carole M. Large 83 RE(1/2) 047520-2 12/5/82 50.00
Wilfred P. &Carole M. Large 83 RE(2/2) 047520-2 6/5/83 40.00
Wilfred P. &Carole M. Large 83 RE(1/2) 047521-1 12/5/82 151.33
Wilfred P. &Carole M. Large 83 RF(2/2) 047521-1 6/5/83 151.33
Wilfred P. &Carole M. Large 82 RF(1/2) 045980-0 12/5/81 36.OC
Wilfred P. &Carole M. Large 82 RE(2/2) 045980-0 6/5/82 36.00
Wilfred P. &Carole M. Large 82 RE(1/2) 045979-3 5/9/85 204.73
Wilfred P. &Carole M. Large 82 RE(2/2) 045979-3 5/9/85 193.57
Julie Harshaw 95 Dog V01032 11/7/95 8.00
Joni Lemke 95 Dog V26768 9/28/95 2.00
Total 8,246.34
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to @yment;
were approved by
the Council of the City of Virginia
Beach on the23- day of anuary
J o@n ;Tt k i n s onarea s-u re r
Approved as to form:
Ruth Hodges Smith
City Clerk
Leslie L Lilley City @y
29 -
PUBLIC HEARING ITEM # 40320
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PL,4NNING
1. SHARON LEEPER GOLESH RECONSIDERATION
2. LEONARD L. HODGES in behalf of JANE ALGER SIMMONS RECONSIDERATION
JENNY L. HEISLER, NAGINDER DHILLLON
& SHARONJIT DHILLON
3. P.C.S. PRIMECO, L.P. COADITIONAL USE PE
4. CONTEL CELLULAR, INC. COAlDI77ONAL USE PERHM
5. CAVALIER GOLF AND YACHT CLUB CONDITIONAL USE PERMIT
6. ROBERT AND TERRI DODD CONDITIONAL USE PERMIT
7. JOSHUA DARDEN, JR. CONDITIONAL USE PERMIT
8. WILLIAM SCOTT DRASTAL CHANGE OF ZONING
January 23, 1996
30 -
PUBLIC HEARING ITEM # 4o32i
PL4NNING
Hank MAFX represented the applicant
Upon motion bY Council Lady Henley, seconded by Vice Mayor Sessolm, City Council "ENDED
COND'TION 'UMBER FOUR, re designating the Trainer, in the October 24, 1995, approved
APPI'cat'On Of SHARON LEEPER GOLESH for a
OPDINANCE UPON APPLIC4TION OFSHARON LEEPER GOLESH
FOR A CONDITIONAL USE PERMI7'RO]0951992
BE IT HEREBY ORDAINED BY TIIF COUNCII, 01, TIJE CITY ()F VIRCIINL4 BEACH, 1,7RGINLI
Ordinai,ce upon application of Sharon Leeper Golesh for a Conditzonal
Use Permit for boarding horses located 513 feet west of Dawley Road,
1030 feet more or less north of Gum Bridge Road. Said parcel is located
at 3943 Dawley Road and contains 23.75 acres. PUNCO BOROUGII.
Condition #4 shall be AMENDED, as follows -
4. Horse riding lessons given by the applicant, Sharon Golesh,
shall not exceed 10 nonboarding Students per month. Outside
instructors are limited to teaching students boarding horses at
3943 Dawley Road.
All other conditions shall remain as approved on October 24, 1995.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, VIIIiam W.
Harrison, Jr, Harold Ileisch(@ber, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf P'zce Mayor R'zlliam D. ;essoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent.-
Nancy K Parker
January 23, 1996
31 -
PUBLIC H@NG ITEM # 40322
PL4NNING
Robert Simmons, 3540 Glen Arden Road, Phone: 424-9044, the applicant
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council DELETED
CONDITIONS: (NUMBERED ONE, to delete the turn -around,- AND ZWO, to delete the fence) in the
February 8, 1982, approved Application of LEONARD L. HODGES for a n e to Section 4.4(b) and
(d) of the Subdivision Ordinance on.property located North of the Eastern terminus of Glen Arden Road
(3540 Glen Arden Road), in behalf of JANE ALGER SIMMONS, JENNY L. HEISLER, NAGINDER
DHILLON & SIL4RONJIT DHILLON (KEMP,5WLLE BOROU(;Il).
Vofing: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, Robert K Dean, Ulilliam W.
Harrison, Jr., Harold Heischober, Lou@ R Jones, Mayor Meyera E.
Oberndorf Vice Mayor William D. Sessoms, Jr and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Barbara M Henley and Nancy K Parker
January 23, 1996
32 -
PUBLIC HEA"NG ITEM # 40323
PL4NNING
Attorney Mark Williamson, 9000 World Trade Center, Phone: 640-3713
Upon motion Counci@n Branck seconded by Councilman Dean, City Council ADOPTED Ordinances
upon application of P.C.S. PRIMECO, L.P. for Conditional Use Per its:
ORDINANCE UPON APPLICATION OF PC S PRIMCO, L P FOR A
CONDITIONAL USE PERMIT FOR A ROOFTOP COMMUNICA TIONs
TOWER CELLISITE RO]962011
BE IT HEREBY OPDAINED BY THE COUNCII, (@F THE CITY OF VIRGINLI BEACH, WRGINLI
Ordinance upon application of P.C.S. PrimCo, L.P. for a Conditional
Use Permitfor a rooftop (panel antenna style) communications towerlcell
site atop the existing Pembroke I Office Building West side of
Independence Boulevard, North of Virginia Beach Boulevard (281
Independence Boulevard), containing 12.428 acres (BAY,@IDE
BOROUGH)
7he following condition shall be required:
1. 7he tower will be a panel antenna style towerlcell site and will
be constructed as depicted on the submitted plans.
ORDINANCE UPON APPLIC,4 TION OF PC S I'RIMCO, L. P FOR A
CONDITIONAL USE PERMIT FOR A ROOFTOP COMMUNICA TIONS
TOWER CELLISITE RO]962012
BE IT HEREBY ORDAINED BY 7HE COUNCIL OT,' TIIF CITY OF VIRGINLI BEACH, VIRGINL4
Ordinance upon application of P.CS. PrimCo, L.P. for a Conditional
Use Permit for a rooftop (panel antenna style) communication towerlcell
site atop the existing Harbor Gate Condominium on Lots 17, 18, 19, 20,
21, Block 1, Lynnhaven Shores (3300 Ocean Shore Avenue), containing
3.8 acres (LYNNHAVEN BOROUCII)
7he following condition shall be required:
1. 7he tower will be a panel antenna style towerlcell site and will
be constructed as depicted on the submitted plans.
January 23, 1996
- 33 -
.3.
PUBLIC HEARING ITEM # 40323 (Continued)
PLANNING
ORDINANCE UPON APPLIC4 TION OF P. C S. PRIMCO, L. P. FOR A
CONDITIONAL USE PERMIT FOR A ROOFTOP CoMmUNICATIONS
TOWER CELLISITE R01962013
BE IT HEREBY ORDAINED BY THE COUNCIL 0 TH CI OF RGIN B CH, RG
p E Ty W L4 EA W I)VL4
Ordinance upon application of P-C S. PriinCo, L.P. for a Conditional
Use Permit for a rooftop (panel antenna style) communication towerlcell
site atop the existing Ramada Inn Oceanside at the Southeast corner of
Atlantic Avenue and 57th Street, containing 3.2 acres (LYNNIL411EN
BOROUGH.
7he following condition shall be required:
1. 7he tower will be a panel antenna style towerlcell site and will
be constructed as depicted on the submitted plans.
A ND,
ORDINANCE UPON APPLICATION OF P C S PRIMCO, L. P FOR A
CONDITIONAL USE PERMIT FOR A JOINT U,5E 180-FOOT MONO
POLE SME COMMUNICATIONS 7'OWER RO]962014
BE IT HEREBY ORDAINED BY IIIL COUNCII, OF THE CITY OF WR(,INL4 BEACH P7RGINLi
Ordinance upon application of P.CS. PriinCo, L.P. for a Conditional
Use Permit for a joint use 180-foot mono pole style communication
tower on the East side of Butternut Lane, 345.34 feet South of Bonney
Road, containing 7,000 square feet (LYNNIL4 VFN BOROUCll)
Ile following conditions shall be required.
1. 7he tower will be a monopole style tower and will not exceed
180feet in height.
2. 7he applicant will work to facilitate joint use of the tower, if
other minor tower use needs are identified in this area.
Ihese Ordinances shall be effective in accordance with @ection 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of @irginia Beach, Virginia, on the
-SIX
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, Ulliliam W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones,
Mayor Meyera E. Oberndorf, lice Mayor William D. @5essoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent.-
Nancy K Parker
January 23, 1996
- 34 -
.4.
PUBLIC HEARING ITEM # 40324
PLANNING
Howard Martin represented &he applicant, and advised the developer will save all the trees possible.
Upon motion by Council Lady Strayhorn, seconded by rice Ma 'yor Sessoms, City Council ADOPTED
Ordinances upon application of CONTEL CELLULAR, INC. for Conditional Use Permits:
ORDINANCE UPON APPLICATION OF CONTEL CELLULAR INC
FOR A CONDITIONAL USE PERMIT FOR AN 80-FOOT MONO POLE
COMMUNICATIONS TOWER RO]962015
BE IT HEREBY ORDAINED BY THE COUNCII, OF TIJE CITY OF k7RGINLI BEACH, vIRGINLl
Ordinance upon application of Contel Cellular, Inc. for a Conditional
Use Permit for an 80 -foot mono pole communication lower on the North
side of Southern Boulevard beginning at a point 700 feet more or less
Fast of Freight Lane, containing 3.54 acres (BAYSIDF BOROUGH).
7he following conditions shall be required,-
7he tower will be a monopole style lower and will not exceed
8,Ofeet in height.
2 7he applicant will work to facilitate joint use of the tower, if
other lower use needs are identified in this area.
ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC
FOR A CONDITIONAL USE PERMIT FOR A 125-FOOT
COMMUNICATION TOWER RO]962016
BE IT HEREBY ORDAINED BY THL COUNCIL OF TIIE CTIY OF P7RGINL4 BEACH, l,7RGINL4
Ordinance upon application of Contel Cellular, Inc. for a 125-foot
communication tower on the North side of Central Drive, 1300 feet more
or less West of London Bridge Road (529 Central Drive), containing 1. 24
acres (LYNNIL4VEN BOROU(,H).
7he following conditions shall be required:
1. 7he applicant will work with the F,4.A. and the U.S. Navy to
ensure that there is no conflict with air navigation in the area.
2. The applicant will work to facilitate joint use of the tower, if
other minor lower use needs are identified in this area.
3. Zhe tower will be a monopole style tower and will not exceed
125 feet in height.
7hese Ordinances shall be effective in accordance with Section 107 U) of the Zoning Ordinance.
Adopted by the Council of the City of rzrginia Beach, rirginia, on the
n ine -S@
January 23, 1996
- 35 -
tem TV-L 4.
PUBLIC HEARING ITEM # 40324 (Continued)
PL4NNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E@ Oberndorf, rice Mayor William D. .5essoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
Nancy K Parker
January 23, 1996
- 36 -
Item TV-L.5.
PUBLIC HFARING ITEM # 40325
PLANNING
William Schlimgen, 100 Lan&nark 5quare, represented the applicant
Upon motion by Councibnan Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of CAVALIER GOLF & YACHT CLUB for a Conditional Use Permit.-
ORDINAIVCE UPON APPLICATION OF CAVALIER GOIF & YACHT
CLUB FOR A CONDITIONAL U,5E PERMIT FOR A GOIF COURSE
(EXPANSION OF CLUB HOUSE) RO]962017
BE IT HEREBY ORDAINED BY THE COUNCIL OF THI,, CITY 0,F' VIRGINL4 BElCll, 117RGINIA
Ordinance upon application of Cavalier (,olf & Yacht Club for a
Conditional Use Permit for a golf course (expansion of clubhouse) at the
northeast and northwest intersections of Cardinal Road and Sterling
Court. Said parcel is located at 7052 Cardinal Road and contains 20.1
acres. LYNNHAVEN BOROU(;Il.
The following conditions shall be required:
1. Site improvements shall be in accordance with the submitted development plan
entitled "Cavalier Ciolf and Yacht Club" dated October 1, 1995.
2. A variance from the Chesapeake Bay Preservation Area Board nwy be required to
locate any additional impervious surfaces within the seaward 50 foot Portion of the
Chesapeake Bay Preservation Areas.
7'his Ordinance shall be effective in accordance with @ection 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, lrzrginia, on the Tweniy-third of Junuaa, Nineteen
I-Iundred and Ninefy-Six.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Iouis R. Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. 5essoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
January 23, 1996
- 37 -
Item IV-L.6
PUBLIC HEARING ITEM # 40326
PLANNING
Robert Dodd, the applicant, represented himself
Charles Swanson, 637 Churchill Drive, Phone: 467-6314, represented the Brookfield Crossing subdivision
and presented a petition containing 60 signatures in OPPOSITION. Said petition is hereby made a part
of the record. Letters in OPPosition from Commander and Mrs. Mark Dye and Mr. and Mrs. Shear were
referenced.
Upon motion by Council Lady Strayhorn, seconded by rice Mayor Sessoms, City Council DENIED
Ordinance upon application of ROBERT AND TERRI DODD for a Conditional Use Permit for a home
occupation (day care):
ORDINANCE UPON APPLICATION OF ROBERT AND TERRI DODD
FOR A CONDITIONAL U@L PFRMI7'FOR A HOME OCCUPATION
(DAY CARE)
BE IT HEREBY ORDAINED BY TIIL COUNCII, OF THE CITY OF 117RGINL4 BF-ACH, VIRGINL4
Ordinance upon application of Robert and Terri Dodd for a Conditional
Use Permit for a home occupation (day care) on the east side of
Churchill Drive, south of Brookeway Drive. S;Uid parcel is located at 680
Churchill Drive and contains 11,616 square feet. KEMPSVILLE
BOROUGH
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, Ilarold
Heischober, Louis R Jones, Mayor Meyera E. Oberndorf, Vice Mayor
William D. @essoms, Jr. and louisa M. Strayhorn
Council Members Voting Nay:
William W. Harrison, Jr and Barbara M. Ilenley
Council Members Absent.-
Nancy K Parker
January 23, 1996
- 38 -
Item fV-L. 7
PUBLIC HFARING ITEM # 40327
PL,4NNING
Joshua Dardem Jr., the applicant, represented himself
Susie D. K*itehurs4 1055 Norfolk Avenue, phone: 425-1629, represented the Seatack-Atiantic Park Civic
League
Upon motion by Councibnan Harrison, seconded by rice Mayor Sessotw, City Council ADOPTED an
Ordinance upon application of JOSHUA DARDEN, JR., for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF JOSHUA DARDEN, JR., FOR
A CHANGE OF ZONING DIS7RIC7'CIA,5,;IFIC,4T[ON FROMA - 12 TO
R-20 Z01961481
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF PTRCINL4 BEACH, WRGINL4
Ordinance upon application of Joshua Darden, Jr., for a Change of
Zoning District Classification from A-12 Apartment District to R-20
Residential District on the southside of Americus Avenue, 1034 feet west
of Birdneck Road 7he proposed zoning classification change to R-20 is
for single family residential land use on lots no less than 20,000 square
feet. 7he Comprehensive Plan recommends use of this parcel for urban
medium low density residential at densities that are compatible with
multi-family use in accordance with other Plan policies. Said parcel
contains 21,909 square feet. LYNNIL4VEN BOROUCYH.
7his Ordinance shall be effective in accordance with ';ection 107 U) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tweniy-third of JanuaM Nineteen
Hundred and Ninety-Six.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc4 111, Robert K Dean, William W.
Harrison, Jr., Harold Heischaber, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf rice Mayor William D. Sessorm, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
- 39 -
Item IV-L.&
PUBLIC HEARING ITEM # 40328
PLANNING
Attorney Lucian B. Cox, 1080 Laskin Road #202, phone: 425-8565, represented the applicant
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoim, City Council ADOPTED
Ordinance upon application of 47LLIAM SCOTT DR,4STAL for a
ORDINANCE UPON APPLICATION OF UTLLLIM SC07T DR,4STAL
FOR A CHANGE OF ZONING DISTR[CT CLA,5@5IFICATION FROM A -
12 TO PT-3 ZO]961482
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLI BEACH, l,7RGINLI
Ordinance upon application of William Scott Drastal for a Change of
Zoning District Classification from AG-12 Apartment District to RT-3
Resort Tourist District on Lot 6, Block 52, Shadow Lawn Heights. 7he
proposed zoning classification change to RT-3 is for resort hotels and
related mixed land uses including multifamily residential land use a t
density no greater than 36 dwelling units per acre. 7he Comprehensive
plan recommends use of this parcel for suburban high density residential
at densities that are compatible with multi-family use in accordance with
other plan policies. @id parcel is located at 700 NorfoLk Avenue and
contains 2895 square feet more or less. VIR(,INL4 BEACH BOROUCYII.
Zhis Ordinance shall be effective in accordance with @ection 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of rirginia Beach, rzrginia, on the
a in -Six.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K Dean, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louzs R, Jones, Mayor Meyera E.
Oberndorf Pice Mayor William D Sessoms, Jr and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Linwood 0. Branch, III and Nancy K Parker
January 23, 1996
- 40 -
Item ]-V-M I.
APPOINTMEATS ITEM # 40329
Upon NOMINATION by Vice Mayor 5essoms, City Council APPOIATED:
HF,4LTH SERVICES AD14SORY BOAPD
Iris Ontram-Sarita
Unexpired thru 3131197
Linda M. Reinertsen
Unexpired thru 3131196
Plus 3 Years
411196 - 3131199
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Robert K Dean, arilliam W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E Oberndorf, Vice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
- 41 -
Item IV-M.2.
APPOINTMENTS ITEM # 40330
UPon NOAFINATION by rice Mayor Sessonu, City Council PEAPPOINTED:
HUMAN RIGH7S COMMISSION
3 Year Terim
211196 - 1131199
Joshua F. Edwards, Sr,, Ph,D
Cheryl J. Avery-Hargrove
Paul E. Henao
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf rice Mayor Urilliam D. @essoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
- 42 -
Item TV-M.3.
APPOIATMENTS ITEM # 40331
Upon NOMINATION by ;rice Mayor Sessoms, City Council:
REVIEW AND ALLOCATION COMMITTEE - (COIG)
3 Year Terms
211196 - 1131199
APPOINTED:
Teresa H. Carrington
AND REAPPOINTED.
Irvin E. Beard, Jr.
Priscilla M. Beede, Chair
Van H. Cunningham
Robert C. Spadaccini, Sr.
Mayor Oberndorf DESIGNATED Priscilla M. Beede as Chair of the Review and Allocation Commiuee.
Voting: 9-0
Council Members Voting Aye.
John A. Baum, Robert K Dean, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf rice Mayor William D. Sessoms, Jr. and louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
Linwood 0. Branch, III and Nancy K Parker
January 23, 1996
- 43 -
Item IV-M.4.
APPOINTMENTS ITEM # 40332
UPon NOMINATION by Vce May(,r Sessoms, C'tY Council APPOINTED:
SOUTHEASTE,RN H"PTON ROADS DISABILITY SERI'7CES BOARD
Jerty O'Brien
No Term
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W
HarrisO?I, Jr., Harold Heischober, Barbara Af. Henley, Louis R jones,
MaYOr MeYera E. Oberndorf, Vice Mayor llrilliam D. Sessoms,.Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
January 23, 1996
- 44 -
Item IV-N, 1.
UNFINISHED BUSINESS ITEM # 4o333
Mayor Oberndorf referenced the issue of child care as a home occupation (Ordinance upon application
of ROBERT AND 7EPJU DODD for a Conditional Use Permit for a home occupation (day care). Mayor
Oberndorf advised the residents of Churchill Drive have fought against their road being cut througil
Virginia Power was requested to build their facility in a manner so their neighborhood would not become
commercialized at the corner of Princess Anne Road and Baxter. 7he neighborhood is appreciative that
they have remained residential and have not had any encroaching business opportunities. Mayor
Oberndorf did not know whether it was necessary to completely delete day care under residenfid zoning,
however, there are extenuating circwnstances that perhaps could have been handled more appropriately
if the neighborhood had had the opportunity to speak with the applicant.
Council Lady Henley advised rather than denying the application, perhaps discussion of a specii7c number
of children as well as other conditions might have been imposed. Council Lady Henley suggested if lot
sL,e is an issue, perhaps day care should be stipulated as only suitable in certain areas and not smalfer
lot areas. Neighborhood concerns needs to be a part of the application, but there should be specific
criteria. It should not be a popularity contest.
Council Lady Strayhorn said there should be discussion of a more formal policy relative child care as a
home occupation, but same should be considered on a "case by case " basis. Council Lady Strayhorn
advised she was never contacted by Mr. Dodd. 5he would have been happy to confer with all involved to
consider recommendations. Neighbors should not be ignored.
January 23, 1996
- 45 -
Item IV- O. I. a.
NEW BUSINESS ITEM # 40334
COUNCIL-SPONSORED iTEms
Upon motion by rice Mayor Sessom, seconded by Councilman Branch, City Council ADOPTED:
Resolutwn to PEFER to the Planning Commission an Ordinance to
AMEND Section 501(b) of the City Zoning Ordinance re reduction of
side and rear yard set-back requirements for certain accessory
structures. (Sponsored by Mayor Meyera F. Oberndorf)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf rice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
January 23, 1996
Requested by Mayor Meyera E. Oberndorf
1 A RESOLUTION REFERRING TO THE
2 PLANNING COMMISSION AN AMENDMENT TO
3 SECTION 501(b) OF THE ZONING
4 ORDINANCE OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA, PERTAINING TO THE
6 REDUCTION OF SIDE AND REAR YARD SET-
7 BACK REQUIREMENTS FOR CERTAIN
8 ACCESSORY STRUCTURES
9 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11 That the attached proposed amendment to Section 501(b) of the
12 Zoning Ordinance of the City of Virginia Beach, Virginia, is hereby
13 referred to the Planning commission for its consideration and
14 recommendation.
15 The Planning Commission is hereby requested to make its
16 recommendation to the City Council within sixty (60) days of the
17 date of this resolution.
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia, on the 23 day of January 1996.
20 CA-6200
21 ORDIN\NONCODE\501(b).RES
22 R-1
23 PREPARED: JANUARY 5, 1996
1 AN ORDINANCE TO AMEND THE CZO TO
2 PERNIT THE REDUCTION OF SIDE AND
3 REAR YARD SET-BACK REQUIREMENTS FOR
4 CERTAIN ACCESSORY STRUCTURES
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 501(b) of the CZO of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 See. 501. Use regulations.
11
12 (b) Accessory uses and structures. Uses and structures which
13 are customarily accessory and clearly incidental and subordinate to
14 principal uses and structures and where such accessory structures
15 do not exceed the height of the principal structure and do not
16 exceed five hundred (500) square feet of floor area or twenty (20)
17 percent of the floor area of the principal structure, whichever is
18 greater. As an exception to the side and rear yard setback
19 requirements set forth in section 502 herein, accessory structures,
20 other than detached quest houses and servants quarters within the
21 R-40 District, which (1) do no exceed the height of the principal
22 structure; (2) do not exceed five hundred (500) scruare feet of
23 floor area or twenty (20) percent of the floor area of the
24 Principal structure, whichever is greater; and (3) are located no
25 closer than ten (10) feet to the Principal structure, may be set
26 back five (5) feet from side and rear Property lines except when
27 adjacent to a Public street. Such accessory uses and structures
28 include but are not limited to:
29 (1) Detached guest house and servants quarters within the R-
30 40 District only;
31 (2) Bees;
32 (3) swimming pools, boat houses, piers, etc.;
33 (4) Inconnectionwithagriculturaluse, nomorethanone (1)
34 roadside stand for sale of agricultural products produced
35 on the premises; provided that no such stand shall exceed
36 five hundred (500) square feet in floor area nor be
37 erected within twenty (20) feet of the property line
38 fronting any street;
39 (5) An accessory activity operated for prof it in a
40 residential dwelling unit where there is no change in the
41 outside appearance of the building or premises or any
42 visible or audible evidence, including signs, detectable
43 from outside the building lot, either permanently or
44 intermittently, of the conduct of such business; where no
45 traffic is generated, including traffic by commercial
46 delivery vehicles, by such activity in greater volumes
47 than would normally be expected in the neighborhood, and
48 any need for parking generated by the conduct of such
49 activity is met of f the street and other than in a
50 required front yard; where the activity is conducted on
51 the premises which is the bona f ide residence of the
52 principal practitioner, and no person other than members
53 of the immediate family occupying such dwelling units is
54 employed in the activity; where such activity is
55 conducted only in the principal structure on the lot;
56 where there are no sales to the general public of
57 products or merchandise from the home; and where the
58 activity is specifically designed or conducted to permit
59 no more than one (1) patron, customer, or pupil to be
60 present on the premises at any one time. The following
61 are specifically prohibited as accessory activities:
62 Convalescent or nursing homes, tourist homes, massage
63 parlors, radio or television repair shops, auto repair
64 shops, or similar establishments.
65 COMNENT
66 ThisaddedprovisionreducesthesWeandrearyardsetbwkrequirementsofswWn502foraccessorystructures,
67 other than detached guest houses and servants quarters within the R40 District, which are not adjacent to a pubfic right-
68 of-way to rive (5) feet. However, in order to quaffy for the reduced @, the accessory structure must meet the
69 height and floor area Emitations set forth in s@n 501(b) and they cannot be @ted closer than ten (10) feet to the
70 principal structure. Note., Under @n 201(a) of the CZO, in-ground swimming ponds, jacuzzis, hot tubs and similar
71 structures may @d to within 5 feet of any side or rear yard property fine, provided, however, that no such structure
72 shall mwnd into any required yard 94j¢ to a street.
2
73 Adopted by the City Council of the city of Virginia Beach on
74 this day of 1996.
75 CA-6199
76 DATA/ORDIN/PROPOSED/501(b).COM
77 JANUARY 16, 1996
78 R-3
APPROVED AS TO LEGAL
Cy
@ IF @
Dcpartment of Law
3
- 46 -
Item IV- 0. 1. b.
NEW BUSINESS ITEM # 40335
COUNCIL-SPONSORED ITEMS
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Branch, City Council ADOPTED, AS
PET17SED:
Resolution expressing support for legislation prohibiting Menhaden
fishing in the waters of the Chesapeake Bay and Atlantic Ocean adjacent
to the shoreline in the City of Virginia Beach. (Sponsored by Vice Mayor
W. D. Sessoms, Jr.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf rice Mayor William D. .5essoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
Nancy K Parker
January 23, 1996
Requested by Vice-Mayor William D. Sessoms, Jr.
I A RESOLUTION EXPRESSING SUPPORT FOR
2 HOUSE BILL No. 1726 PERTAINING TO
3 THE REGULATION OF MENHADEN FISHING
4 WHEREAS, the City of Virginia Beach derives significant
5 recreational, aesthetic and economic benefits from the Atlantic
6 Ocean, and from the Chesapeake Bay and its tributaries;
7 WHEREAS, the environmental quality of these adjacent
8 waters impacts upon sports fishing, recreational boating, and the
9 cleanliness of the beaches and inlets of the City;
10 WHEREAS, the operation of menhaden fishing boats using
11 purse seine nets in close proximity to the shoreline has the
12 potential of seriously fouling the City's beaches and inlets;
13 WHEREAS, the removal of most smaller fish by these boats
14 also disrupts the food chain upon which large fish, of commercial
15 and recreational importance, depend; and
16 WHEREAS, the Virginia General Assembly is currently
17 considering House Bill No. 1726 which, if adopted, would (i) direct
18 the Marine Resources Commission to promulgate regulations governing
19 menhaden f ishing; and (ii) impose restrictions on menhaden net
20 fishing in the Chesapeake Bay and its tributaries.
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That the City Council hereby expresses its support for
24 the adoption of House Bill No. 1726.
25 BE IT FURTHER RESOLVED:
26 That the city Clerk is hereby directed to transmit a
27 certified copy of this Resolution to one or more members of the
28 City's local delegation to the General Assembly.
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the 23 day of January
1996.
31 CA-6209
32 ORDIN\NONCODE\MENHADEN.RES
33 R-1
34 PREPARED: 01/23/96
- 47 -
Item IV- O. I. c.
NEW BUSINESS ITEM # 40336
COUNCIL-SPONSORED ITEMS
UPON Motion bY Vzce Mayor sessoms, seconded by Councibnan Branch, City Council ADOPTED..
Ordinance to TRANSFER $5,218 from the General Fund Reserve or
Contingencies to reimburse the Water and 5ewer Fund, as a charitabfle
gift, to Habitat for Munwnity re costs of water,and sewer fees associated
with construction of a dulplex at 712 ]6th Street (VIRGINLI BE,4CH
BOROUGH).
(SPonsored by Vice Mayor W D. 5essoms, Jr)
Voting: 10-0
Council Members Vohng Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley' Louis R. Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. @5essona, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
January 23, 1996
Requested by Vice-Mayor William D. Sessoms, Jr.
1 AN ORDINANCE AUTHORIZING THE TRANSFER OF
2 $5,218 FROM THE GENERAL FUND RESERVE FOR
3 CONTINGENCIES FOR THE PURPOSE OF REIMBURSING
4 THE WATER AND SEWER FUND FOR THE COSTS OF
5 WATER AND SEWER FEES ASSOCIATED WITH THE
6 CONSTRUCTION OF A HABITAT FOR HUMANITY DUPLEX
7 WHEREAS, several local churches, including All Saints
8 Episcopal Church, Bayside Baptist Church, Bayside Christian Church,
9 Bayside Presbyterian Church, Eastern Shore Chapel, and Good
10 Samaritan Church, have joined together to form a coalition known as
11 the Virginia Beach Covenant;
12 WHEREAS, the Virginia Beach Covenant, in coordination
13 with the Virginia Beach Technical and Career Education Center, is
14 constructing a duplex at 712 16th Street in the Virginia Beach
15 Borough on behalf of Habitat for Humanity;
16 WHEREAS, the cost of construction of the duplex includes
17 water and sewer fees in the amount of $5,218; and
18 WHEREAS, the City of Virginia Beach wishes to show its
19 support for this project by reimbursing the Water and Sewer Fund,
20 as a charitable gift to Habitat for Humanity, for the costs of such
21 water and sewer fees.
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24 That City Council hereby authorizes the transfer of
25 $5,218 from the General Fund Reserve for Contingencies for the
26 purpose of reimbursing the Water and Sewer Fund, as a charitable
27 gift to Habitat for Humanity, for the costs of water and sewer fees
28 associated with construction of a duplex at 712 16th Street in the
29 Virginia Beach Borough.
3 0 Adopted by the Council of the City of Virginia Beach,
31 Virginia, on the 23 day of January 1996.
32 CA-6208
33 ORDIN\NONCODE\HABIT.ORD
34 R-1
35 PREPARED: 01/17/96
36 APPROVED AS TO CONTENT
Management Se@ices
APPROVED AS TO LEGAL
S FFICIENCY
iicp-;rtmcnt of Law
2
- 48 -
Item IV- O. I. d
NEW BUSINESS ITEM # 40337
COUNCIL-SPONSORED ITEMS
Councilman Branch and Council Lady Strayhorn advised of their representing City Council at the General
Assembly today, January 23, 1996, re consolidation of certain CityISchool financial functions. 77te
Council Members met OPPOSITION with the Interim School Superintendent and School Board Chair.
7'he initial meeting today was in the SubCommittee of the Senate. On a 3-1 vote, the SubCommittee voted
to go to Full Committee. 7he Council Members attended both Committee meetings. 7he matter was
deferred one week to January 30, 1996.
Councibnan Branch referenced the correspondence of January 18, 1996, from the Interim Superintendent
relative establishing teams to discuss the proposed matter of consolidation.
Council Lady Strayhom referenced the correspondence to Patricia Phillips from J. Chester Johnson,
Chairman - Government Finance Associates, Inc. 77tey indicated serious concern for the long term credit
position of the City fi-om school overexpenditures which have recently been experienced in Virginia Beach.
Consolidation of the ministerial aspects of accounting, payroll andpurchasing would be a step that would
be well received by the rating agencies and the market in general Consolidation would give comfort to
the rating agencies and the bond market as well as reduce the likelihood of adverse rating action and
market response.
Mayor Oberndorf advised she, the Vice Mayor and the City Manager met with the Chair, Vice Chair and
the Acting Superintendent of the School Board Their shortfall of this Operating year is between $112-
MILLION and $4.6-MILLION. 7he School Board could not see their way clear to absorb these
revenues.
Vice Mayor Sessonw advised the City could not go below its 75% reserve, which would jeopardize the
City's bond rating.
January 23, 1996
- 49 -
Item IV- O.I.e.
NEW BUSINESS ITEM # 40338
COUNCIL-SPONSORED ITEMS
Councibnan Dean referenced the article "Big Box Retailers: Time To Ask for Performance Bonds?"
appearing in Nadon's Cities Weekly, on January 15, 1996. Copies were distributed to Members of City
Council and are hereby made a part of the record.
Councibnan Dean was advised Wal Mart might be moving.
Council Lady Strayhorn advised there were two offers to Wal Mart in terms of the locations. 7hey were
agreeable to comply with the proffers previously made to Ilannaford. 7hese changes will be going to the
Planning Commission.
January 23, 1996
- 50 -
Item IV-P.
ADJOURNMENT ITEM # 40339
Mayor Oberndorf DECLAPXD the City Council Meeting ADJOURNED at 8.-30 P.M..
--------------------
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
I
-- -------------- --------------------------
Ruth Hodges &niil; CMCIAAE Meyera E Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
January 23, 1996