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JUNE 4, 1990 MINUTES City c>f Virgir1ia BeElcrr "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNOORF, At La'g' VICE MAYOR ROBERT E. FENTRESS, Vi'ginia Beach &n-ough ALBERT W. BALKO, Lynnhaven &rough JOHN A. BAUM, BI",kwatef Borough HAROW HEISCHOBER, At La'g' BARBARA M HENLEY, Pungo Borough REBA S. McCLANAN, Princess Anne &rough JOHN D. MOSS, K""proill, Borough NANCY K. PARKER, At La'g' JOHN L PERRY, Bay~de Borough WILUAM D. SESSOMS, JR., At La'ge AUBREY V. WAITS, JR., City Manag" LESUE L. ULLEY, City Attorney RUTH HODGES SMITH, CMC/AAE, City C/ak CITY COUNCIL AGENDA 281 CITY HALL BUIWING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 (804) 427-4303 June 4, 1990 ITEM I. COUNCIL CONFERENCE SESSION - Conference Room - 11:30 AM A. TIDEWATER COMMUNITY COLLEGE BOARD ITEM I I. CITY COUNCIL CONCERNS - Conference Room - 11:45 AM ITEM I I I. L U N C H - Conference Room - 12:15 PM ITEM IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Reverend Jim Snow Scott Memorial United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. SPECIAL SESSION May 23, 1990 2. INFORMAL & FORMAL SESSIONS May 29, 1990 F. PRESENTATION 1. LABOR DAY COMMUNITY COORDINATION COMMITTEE Dr. Harrison B. Wi Ison, Co-Chair Andrew S. Fine, Co-Chair G. PUBLIC HEARING 1. TAX EXEMPT status: TIDEWATER GUILD FOR INFANT SURVIVAL, INC. H. RESOLUTIONS 1. Resolution supporting legislation re real and personal property owned by Tidewater Guild for Infant Survival, Inc. being exempt from state and local taxation. 2. Resolution directing the City Manager to prepare the Budget for Fiscal Year 1991-92 re effect of changing the prerequisite to exemption, deferral or freeze of real estate taxes for elderly or disabled persons. 3. Resolution approving the mergers of Planning Districts Twenty and Twenty-one I nto one d i str i ct and Southeastern Vi rg in I a P I ann i ng District Commission and the Peninsula Planning District Commission Into the Hampton Roads P I ann Ing D I strl ct Comml ss Ion; and, authorizing the City Manager to execute Charter Agreement of the Hampton Roads Planning District Commission re the provisions of the Virginia Area Development Act. I . ORD I NANCES 1. Ordinance to AMEND the Master Street and Highway Plan of the City of Virginia Beach: ADDING a major North-South arterial running from the terminus of London Bridge Road South to the current Intersection of West Neck Road and Princess Anne Road; AND, DELETING the proposed four-lane undivided highway running along the Northwest side of the Christopher Farms Subdivision from Holland Road to Princess Anne Road (future Ferrel I Parkway). DEFERRED May 29, 1990. (Planning Commission recommended Approval.) 2. Ordinance to AMEND and REORDAIN Chapter 35, Article I I of the Code of the City of Virginia Beach, Virginia, by ADDING Division 4, Section 35-80.1 re exemptions from taxation for certain rehabilitated residential real estate. J. CONSENT AGENDA A II matters listed under the Consent Agenda are cons i dered I n the ordinary course of business by City Counci I and will be enacted by one motion in the form I isted. If an item Is removed from the Consent Agenda, it wil I be discussed and voted upon separately. 1. Resolution supporting the continuation of the Virginia Beach Clean Community Program; and, requesting $20,105 grant funding from the Virginia Department of Conservation and Historic Resources, Division of Litter Control. 2. Resolution requesting the Virginia Department of Waste Management designate a solid waste planning region and agency for Southeastern Virginia. 3. Resolution confirming the appointments of: a. Richard J. Beaver, Assistant City Attorney effective May 1, 1990 b. L. steven Emmert, Assistant City Attorney effective June 1, 1990 4. Ord i nance to AMEND and REORDAIN the Code of the Ci ty of Vi rg I n I a Beach, Virginia, by ADDING Section 6-112.2 re designation of a boat channel In Broad Bay and The Narrows. 5. Ordinance authorizing acquisition of property temporary and permanent easements, either condemnation, for right-of-way re Tidewater offslte access Improvements (CIP 2-081). I n fee simp I e an d by agreement or Community College 6. Ordinance, upon SECOND READING, to APPROPRIATE $1,189,788 as proceeds from lease purchase re providing Improvements for the Oceanfront Resort Area communications. 7. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $338,700 from a Federal Alcohol and Drug Abuse Block Grant Award for Mental Health/Mental Retardation/Substance Abuse Department re alcohol and drug treatment services. 8. Ordinance to TRANSFER $164,700 from within the FY 1989-1990 Operating Budget to the Department of Juvenile Probation re estimated additional expenses for Juvenile placements. 9. LOW BIDS: a. CENTEX CONSTRUCTION COMPANY, INC. Judicial Center (C I P 3-977) $26,087,000 b. ASPHALT ROADS & MATER I ALS CO., INC. 1989-90 Bituminious Concrete Maintenance Schedule - Contract IV $ 818,260 c. ORION ASSOCIATES, INC. Gracetown Area Street Improvements (Underground Stormwater Drainage System) (CIP 2-946) $ 589,500 4/31/90 I bs K. APPOINTMENTS PUBLIC LIBRARY BOARD (Resignation) L. UNFINISHED BUSINESS M. NEW BUSINESS 1. INTERIM FINANCIAL STATEMENTS July 1, 1989 - Apri I 30, 1990 Giles G. Dodd, Assistant City Manager for Administration N. ADJOURNMENT MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 4, 1990 The BRIEFING relative the TIDEWATER COMMUNITY COLLEGE BOARD to the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall, on Monday, June 4, 1990 at 11:30 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Barbara M. Henley (ENTERED: 11:35 A.M.) Reba S. McClanan (ENTERED: 11:58 A.M.) John D. Moss (ENTERED: 1:35 P.M.) John L. Perry (ENTERED: 12:48 P.M.) - 2 - C 0 U N C I L CON FER E N C ESE S S ION TIDEWATER COMMUNITY COLLEGE BOARD 11: 30 A.M. ITEM # 32907 Dr. George Pass, President - Tidewater Community College, introduced Dr. E. T. Buchanan, Dean of Student Affairs and Bob Grimes - Dean for the District Office and Academic Student Services Coordinator. Tidewater Community College is now a rather large and complex institution. The first campus in Chesapeake opened in 1968 on 750 acres of property at Pig Point donated by Fred Beasley, a Portsmouth Philanthropist. This campus continues to expand in its enrollment. The Portsmouth Campus opened in 1973 on property between "Great Bridge" and "Deep Creek". This Campus is also growing. The Virginia Beach campus is by far the largest. 19,000 students were enrolled this past Fall. Dr. Pass cited the enrollment figures of each of the various campuses comprising Tidewater Community College: 11,000 - Virginia Beach Campus 5,000 - Portsmouth Campus 3,000 - Chesapeake Campus During this past year, Tidewater Community College served 29,851 students in credit courses. Of this total, 17,500 were served at the Virginia Beach Campus. In 1971 the Virginia Beach Campus was opened in the Barracks of Camp Pendleton with only 573 students. In the Fall of 1974, Tidewater Community College moved to the Princess Anne Campus. Fifty-four percent (54%) of the students at the Beach Campus are women. Seventy-two percent (72%) of the students attend school during the day. There are thirty percent (30%) Occupational Technical Students who plan to go directly into the business world or to stay in the business world. Dr. Pass cited the following tuition rates per credit hour: Tidewater Community College - $ 26.60 Old Dominion University $100.00 Norfolk State University $ 79.00 Norfolk State and Old Dominion are prepared for out-of-state students. Tidewater Community College primarily serves local citizens. The Budget of the Beach Campus is $12,978,035. Approximately $11-MILLION of this Budget entails personal services, salaries, et cetera. The Teaching faculty is comprised of 140 individuals with an administrative faculty of 28, classified employees numbering 67, all of whom are full time. There are approximately 268 part-time faculty members with 28 classified employees. Thus, the Beach Campus is a major employer with a total of 530 employees. There are fifteen (15) public senior colleges in Virginia with twenty-three (23) community colleges. It was suggested the name change from Tidewater Community College to Hampton Roads Community College: This would have to be approved by the State Board of Community Colleges, only if there would be a recommendation from the College's local Board. June 4, 1990 - 3 - C I T Y C 0 U N C I L CON C ERN S 11:50 A.M. ITEM # 32908 Councilwoman Parker distributed copies of the By-Laws of the Metropolitan Washington Council of Government. Councilwoman Parker had referenced during the City Council Session of May Twenty-ninth that Mr. John Bosley, Legal Counsel, had advised Wash-COG has a proportional representation based on population as is proposed by the merger, but went one step further. In the monthly COG Board of Directors meeting, if asked for by a single member, any budgetary item could be decided by a "weighted vote" versus a simple majority. In addition, if three jurisdictions request, any other matter may be decided by a "weighted vote". Councilwoman Parker advised she did not notice this in the aforementioned Bylaws. Apparently in Northern Virginia, there must be 25,000 residents in the locality for that locality to have a member on the Executive Board. They are allowed one vote and become a participatory member on this General Board that has a meeting only once a year. Realtive the regional contribution data for the Southeastern Virginia Planning District Commission, Virginia Beach has 25.4% of the Population and contributes 31. 3% of the total operating cost, receiving only 17.5% of the vote. The percentages were of great variance. The City should receive approximately 10 votes out of a 40-vote base or 12.5 votes. Mayor Oberndorf advised the investment of Virginia Beach in the Planning District also needs to be equated with the amount of service in return. Mayor Oberndorf requested information relative the different services the Southeastern Virginia Planning District Commission coordinates with the City. Councilman Baum referenced the article in BUSINESS WEEK on Durwood Curling, Executive Director of the Southeastern Virginia Planning District Commission. This region has problems that go together and it is not simply dependent upon which locality has the funds and the number of votes. The City Manager advised the actual scope of services provided to Virginia Beach are significantly greater than received by some of the smaller jurisdictions. This is particularly reflected in the transportation efforts. Councilwoman McClanan advised all rate increases are presented to the City Council for their approval. ITEM # 32909 Councilwoman Parker referenced the newspaper article relative the cleaning of the City Barge at Owl's Creek. The City Manager will provide a Briefing during the City Council Session of June 11, 1990. The article did not include the efforts of the City to work with the appropriate regulatory agencies relative environmental concerns. ITEM # 32910 Councilwoman Henley advised the new issue of Virginia Business has emphasis on the automobile society. There is an excellent article entitled: "Manmade Jungle", which discusses Northern Virginia. The account involving the traffic problems in Fairfax County and the analysis from the standpoint in the manner in which the land use has been configured being the primary culprit. It is an outstanding article. This article discusses the methods by which Europeans are handling their zoning and land use, they are creating communities on a human scale emancipating themselves from dependence of the automobile with developments concentrated in smaller areas. Virginia Beach is mentioned with the Pembroke Area Plan. Councilwoman Henley requested a status report relative the utilization of the Consultant's Growth Management Report, (the latest installment which has just been received). Councilwoman Henley requested the Video of Architect Andres Duany's land use proposals be SCHEDULED for viewing by Members of City Council. June 4, 1990 - 4 - C I T Y C 0 U N C I L CON C ERN S ITEM # 32910 (Continued) Councilwoman Henley requested the concept of the Growth Management Study be discussed so the $400,000 spent over the past two years would be justified, the Study not simply placed on a shelf. The Video shall be SCHEDULED for the City Council Session of June 18, 1990. ITEM # 32911 Councilman Sessoms requested an update on recycling. The time is ideal for the placement of more containers in better locations. Councilwoman Henley referenced an article in the newspaper suggesting containers be placed in the Parks and labeled for aluminum cans only. Councilman Sessoms suggested attendance by a representative at a Council of Civic Organizations meeting to understand where the locations of containers would be most convenient and not considered an "eyesore" by citizens. Councilwoman Parker advised of her request to the City Manager for a BRIEFING relati ve the City's plans for recycling. The City Manager will be providing same during the Formal Session today, June 4, 1990. Councilwoman Parker referenced the Resolution requesting the Virginia Department of Waste Management designate a solid waste planning region and agency for Southeastern Virginia (See Item V-J.2 of the CONSENT AGENDA). Mayor Oberndorf advised she is recelvlng two types of letters. One from individuals preferring mandatory recycling adopted immediately and the other preferring voluntary disposal of recycleables Councilman Baum advised an employee should be stationed at each disposal site to assure compliance. June 4, 1990 - 5 - ITEM # 32912 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding, on Monday, June 4, 1990, at 12:22 P.M. Counci I Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi I I iam D. Sessoms, Jr. Counci I Members Absent: John D. Moss and John L. Perry June 4, 1990 - 6 - ITEM II 32913 Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the fol lowing purposes: 1. PERSONNEL MATTERS: Discussion, consideration or Interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disclpl ining, or resignation of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). To-wit: Boards and Commissions as I isted in the Formal Agenda. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publ icly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). 3. LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants or attorneys, pertaining to actual or probable I itigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable I itigation or other specific legal matters are the fol lowing: (1) City v. Nationwide Mutual Insurance Co. & Commonwealth of Virginia. Upon motion by Counci Iman Baum, seconded by Counci I woman Parker, City Counci I voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Counci I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi I I iam D. Sessoms, Jr. Counci I Members Voting Nay: None Council Members Absent: John D. Moss and John L. Perry June 4, 1990 - 7 - FOR MAL S E S S ION VIRGINIA BEACH CITY COUNCIL June 4,1990 2:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hal I Bui Iding, on Monday, June 4, 1990, at 2:00 P.M. Counci I Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I iam D. Sessoms, Jr. Counci I Members Absent: None INVOCATION: Reverend Jim Snow Scott Memorial United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA June 4, 1990 - 8 - Item V-D.l. CERTI F ICATI ON OF EXECUTIVE SESSION ITEM # 32914 Upon motion by Vice Mayor Fentress, seconded by Counci I woman Parker, City Counc II ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only publ ic business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such publ ic business matters as were i dent if i ed in the mot i on conven i ng th is Execut i ve Session were heard, discussed or considered by Virginia Beach City Counci I. Voting: 10-0 Councl I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I iam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Abstaining: John D. Moss Council Members Absent: None Counci Iman Moss ABSTAINED as he entered the Executive Session at 1 :35 P.M, therefore missing a large portion of the meeting. June 4, 1990 ".......~ cl6'\t~ lA. /J c,1 ~:'\ ~~~%.;;:/ll 1r~)'~/ :"'r :s...dl. '~;r., 'f.~ ""i ..../ ..... .:. 7:..) I{ t:; , " ;t 1:""1 ~ ,'. ~ ~ i"~-.:.:". '.. l~ P" ...-... > 1.- .. 4. .i:' t ",. "'f'"'.~ ~ l'1.S~.. ' -.#..\'" J . ,1,1 "......1Ili~ '. .' J .. ,. 'r '\./ '-' t I 11111I II"\I'~....' ...'"".W'........ tRtnnltttiutt CERTIFICATION OF EXECUTIVE SESSION WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2,1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MOTION; Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration 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: Appointments to Boards and Commissions. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). 3. LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7).Actual or probable litigation or other specific legal matters are the following: (1) City v. Nationwide Mutual Insurance Co. & Commonwealth of Virginia. VOTE: 9-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, and William D. Sessoms, Jr. None Council Members ABSTAINING: Council Members ABSENT for the Vote: None John D. Moss and John L. Perry Council Members ABSENT for the Meeting: None *Councilman Perry ENTERED the Executive Session at 12:48 P.M. *Councilman Moss ENTERED the Executive Session at 1:35 P.M. ~:~L71 ?-~~ Ruth Hodges Smith, CMC/AAE City Clerk June 4, 1990 - 9 - Item V-D.E.l. MINUTES ITEM # 32915 Upon motion by Counci Iman Sessoms, seconded by Counci I woman Parker, City Counci I APPROVED the MINUTES of the SPECIAL SESSION of May 23, 1990: Voting: 9-0 Counci I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi I I iam D. Sessoms, Jr. Council Members Voting Nay: None Councl I Members Abstaining: John D. Moss and John L. Perry Counci I Members Absent: None Counci I Members Moss and Perry ABSTAINED as they were absent during the Special Session of May 23, 1990. June 4, 1990 - 10 - Item V-D. Eo 2. MINUTES ITEM # 32916 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Cunci I APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of May 29, 1990, as CORRECTED: Page 26, ITEM # 32891 ORDINANCE UPON APPLICATION OF LASSITER AND ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION FROM A-12 TO B-2 Z05901285 The following name was omitted from the I ist of Speakers in SUPPORT of the appl ication: Sterl ing Webster, who identified himself as an adjacent resident. Voting: 11-0 Counci I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Helschober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I iam D. Sessoms, Jr. Councl I Members Voting Nay: None Counci I Members Absent: None June 4, 1990 - 11 - Item V-F. PRESENTATION ITEM # 32917 LABOR DAY COMMUNITY COORDINATION COMMI'ITEE Andrew S. Fine, Co-Chair of the LABOR DAY COMMUNITY COORDINATION COMMI'ITEE, advised Dr. Harrison Wilson was unable to attend as the State Commission on Higher Education was visiting at Norfolk State University and Dr. Wilson felt compelled to remain. Mr. Fine advised the fund ralslng efforts are continued with key calls to banks and other large regional institutions. The six Public Forums have been formally scheduled with the first being Tuesday, June 5, 1990, at Kempsville Junior High School at 7:30 P.M. The Subcommittees continue to work on the details and coordination of timing of the events and programming. There was a media training session on June First with Manning, Salvage and Lee. There will be a fund raising session with the Hotel, Motel Owners and Retailers on June 14, 1990, at which time they will be requested to contribute. The LDCCC is optimistic of significant contributions. A list will be provided to City Council of the contributions citing the donor or "Anonymous", if they wish to remain so. June 4, 1990 - 12 - Item V-G. PUBLIC HEARING ITEM # 32918 Mayor Oberndorf DECLARED a PUBLIC HEARING: TAX EXEMPT status: AMERICAN (TIDEWATER) GUILD FOR INFANT SURVIVAL, INC. Mark P. Hessek President - Tidewater Guild for Infant Sur vi val, Inc., 301 Eastwood Circle, Phone: 463-3845. Earlier this year, the Guild filed with the State Corporation Commission to officially change the name to "American Guild for Infant Survival, Inc". This name change was effective May 24, 1990. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. June 4, 1990 - 13 - I tem V-H.l RESOLUTIONS ITEM # 32919 Upon motion by Councilwoman Henley, seconded by Counci Iman Sessoms, City Council ADOPTED, as REVISED: Resolution supporting legislation re real and personal property owned by American Guild for Infant Survival, Inc. being exempt from state and local taxation. Voting: 10-1 Councl I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wil I iam D. Sessoms, Jr. Counci I Members Voting Nay: Reba S. McClanan Council Members Absent: None J un e 4, 1990 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY AMERICAN GUILD FOR INFANT SURVIVAL, INC., FORMERLY KNOWN AS TIDEWATER GUILD FOR INFANT SURVIVAL, INC. AS BEING EXEMPT FROM STATE AND LOCAL TAXATION WHEREAS, property located in the City of Virginia Beach 12 and owned by Tidewater Guild for Infant Survival, Inc., (which 13 entity changed its name effective May 24, 1990 to, and is 14 hereinafter called, American Guild for Infant Survival, Inc.,) is 15 currently subject to ad valorem taxation; and 16 WHEREAS, American Guild for Infant Survival, Inc., has 17 requested the Council of the City of Virginia Beach to adopt a 18 resolution in support of its request that the General Assembly act 19 in accordance with Article X, ~ 6 (a) (6) of the Constitution of 20 Virginia to designate the real and personal property of American 21 Guild for Infant Survival, Inc. as being exempt from state and 22 local taxation; and 23 WHEREAS, pursuant to ~ 30-19.04 of the Code of Virginia, 24 the Council of the City of Virginia Beach has held a public 25 hearing prior to the adoption of this resolution and has given all 26 citizens an opportunity to be heard; and 27 WHEREAS, the Council of the City of Virginia Beach has 28 examined and considered the provisions of subsection (B) of ~ 30- 29 19.04 of the Code of Virginia; and 30 WHEREAS, the Council of the City of Virginia Beach is of 31 the opinion that American Guild for Infant Survival, Inc., should 32 be designated as a benevolent corporation within the context of 33 ~ 6(a)(6) of Article X of the Constitution of Virginia, and that 34 real and personal property located in the City of Virginia Beach 35 and owned by American Guild for Infant Survival, Inc., and used by 36 it exclusively for benevolent purposes on a nonprofit basis should 37 be exempt from state and local taxation; 38 39 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH: 41 That the Council of the City of Virginia Beach supports 42 the enactment of legislation involving the designation of American 43 Guild for Infant Survival, Inc., formerly known as Tidewater Guild 44 for Infant Survival, Inc., as a benevolent corporation within the 45 context of S 6(a)(6) of Article X of the Constitution of Virginia, 46 and that real and personal property owned by American Guild for 47 Infant Survival, Inc., which is located within the City of 48 Virginia Beach and used exclusively for benevolent purposes on a 49 nonprofit basis, be declared exempt from state and local taxation. 50 Adopted by a majority of the Council of the City of 51 Virginia Beach on this 4 day of June , 1990. 52 53 54 NEW/awj 55 4/19/90 56 6/4/90 57 CA-3722 58 Noncode\Tidewater.Res 2 ,~.' ' '. ' APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION Applicants: Please fill out this I fonn and submit same to the City Manager, Municipal Center, Virginia Beach, Virginia 23456. In any instance where additional space is ~eeded to complete your answer to a particular question, please utilize a separate sheet of paper and attach it to this application. ~ Fo mal ~e of corporati.on/o~ani.za~: . I 'c2.ewd-<r r l-VL J-5urv{/)d 1-VLC (' {,-ts' frF(J-t J Address: J S-- b 5 LIrS (c:. , Iv f2.e1. t, , .. V l r2..-~ L yV.( (\- ~ ~A'Gl+( \/ A-- "2-' 3 '-( r I Telephone Number: eft> Lf-,... 'f ~ "3 - '3 cP- Y )- VIAe! I 1. Is the organization chartered or incorporated under the laws of the Commonwealth of Virginia? VL5 3. For what p~rpose is t~e group cha~tered? ~ ; ~ . (tJ s.t-- I V\- ~.r~ f ~.J ~c:O-lJ J L''\ t- Co LJ ""- .s--e-f l") c.! pc,- r- 5 ~ "-v-( b~ tv S; r OS' tJ--.---cf 0 .rt'-'-{ &~ w S <- S' , Describe in detail and specifY the location of all real and personal property for which exemption is sought. \ 4v~() G. 1-<. .- I q 8-'\. [-\-or0l),A-- ~~ OlA)t\d ~ Corf"vJ-,~ \ 'f)..e.--s lc t wor-ciprvc<:J~v"-J ',C,~L':-S I '2--~{<!-91 2.--(c-~t?51 ()'<..c 'Sc-r~~ ~ ~ -r6 ~lA-L~rf7J- . f'J C) (LeJt.) Pro (J~;:~ 2. 4. List the present tax assessment of each parcel of 'real property for which this exemption is sought: Parcel O'J ! ;4- Parcel ,vIA Description: Description: Assessed Value: Assessed Value: Land: $ Land: $ fJjJ- Improvements: $ Improvements: $ " Total Assessed Total Assessed Value: $ Value: $ ~-' t ~ i {.' i ? f < ~ t r t ;;', f f ~ ;: , f t " 5. List the present tax assessment, by tax bill, of personal property for which ,the exemption is sought. 'M f> ;, ( .#= 8-1 a /I g-:3 ~ 2;0 '.7 .'~ ~3 '1 ~. '1 7 ,... tr-I-L ~ u l., s~e'1 oJ """t- ~: lIs CM- 'rt-.:.:, f t'zrf-i' ;l-j d-- J ') S4 lJ"" c~ fJ< ( Ciy,jJ 13 i ( ( -4;} \J I-....)l.... fV.i'tv<-( : T &- i s~ rl') C - 6. For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and floor loca tions . () (s) n -fJ / R.-~..u3{ Of~(t:.~ 0Vv '-1 _...c:rv~.s ~S Q.O.k.("\/..f lv{ ~ Co""s..J l ~ '1 f l(~ pr tic eJ") "'- '" I -z. J""1 I a. Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If yes, give details. {Va b. Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. jVO 7.. With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwise. If so, give all details. j\Jc) 't~~ kr"v~. ;4-vJv U<;ettCM-. 'TG--l s C:;()5/'1~'SSt--- Cu U V\. 5' .v( \ '1 CA.-U >~ 2 < t ~' i 5 L .. t t. , ,~ , ~: r~ , t:: ,I,. ~~ ,'-' ,~.;.. r ; , t t ~ r t '8. Is the organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954? If so, attach documenta tion. y " e-) 9. Has the ABC Board issued a current annual alcohol beverage license for the service of alcohol beverages for use on the property from which tax exemption is here sought? f\J (It 10,. Is any director or officer of the agency paid compensation in excess of a reasonable allowance 'for salaries or other compensation? rvo 11. Does any part of the earnings, exclusive of salaries, of such organization inure to the benefit of any individual? If so, list what portion and to whom for each of the past three years. rJQ 12. What portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state, or federal grants? Donations shall include the providing of personal services or the contribution of any in-kind or other material services. -DoN~(()j\S O~{I' loo/ru 3 i ,~ . i! j' I ( \ , i I -~ I t l ! 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of determing cost of the services to I the recipient, and any other details ,you deem pertinent. .1-1.. i <' "'~r> . . -A-' .' ,(1G)v....s-e.. _._~ (Jv-('...~ ,;" \1 I A J t? O\..n~:_'-L ~\.{. OV\.ly ) (1/) or}". f"U z-cY 1'\ ,t" ~,I ;- A.- ~ i l' 1l: I .es, vv~ ( 11 ' o-..J l"LPr-~M 9~..-vlC'<-J '-":i.....;-'""<.-L ~Lf l7i VliJ.", A.-( Cbvl.\.s Y'1, "- ~ \;,,~ h.u~rJ5 ~ f) ] ~ ~s't--'fv r~L(7t......-A) J f WI vuyt) .~r k.elf} CvV~S"-e.2l~ t-- fbllo~ ~--f ?-1)"~'1 ~,y'"" I~~AJ/'~,-~ JN~ ","-v'<:' 1,,\.~t"v-~.p1 ~ris ~ 't-divc.-<.. \~~r~' 14. What part, if any, of the activities of the organization involves carrying on propaganda, or otherwise attempts to influence legislation? [VO\\Z-r- 15. Has the organization ever participated in, contributed to, or intervened in any political campaign on behalf of any candidate for public office? If the answer is yes, please provide any qualifying information you deem necessary. (\10 16. State the organization's rule, regulation, policy, or practice concerning discrimination on the basis of religious conviction, ra.ce, col~r, Aex or natural origin, -.&-. !\J(J\A "'. f {vCJ b (~C .tL.-P"'1{"'LJ-r '''"'It') v ~ ( r<:..c,,) C'-1. w ~ SeHZ.LI ot..r, V-'C. 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. , ( . ) ~ ",-....-1<::. p. 1+(:'" SSeJc / Pres ,J.....};-. U"-' f<-j . E \ (e~ I~~ l~eSS'el~ Se.-c.r~~./rr~svr-c.... F'f.'-ec..,,;t-fV.e j)lr~ -. J U J ~I ~~(Lvv-z>b> CirLCCrz. ' \) ltt.-~ (~LA- U$-~;tC-(-.J jV,A-. 2. -S 1-1 ~- V 4 t..... t' t ~: ~ ' ... ,~ (' 1, G " r '. 18. ,In addition to the above, please provide the following information: (a) A copy of ~he organization's most recent audited financial statement (i.e., current balance sheet and income and expense statement for the. organization's last fiscal period). (b) A detailed listing of the current salaries and/or other compensation of the officers and directors of the organization. In addition, please specify as to each officer or director so listed, the basis of the listed salary or compensation (i.e., annually, per meeting, hourly, commission, etc.). (c) List the salary ranges of each employee position classification and list the number of full-time and part-time employees in each such classification. (d) Specify what percentage of gross income of the organization was required to pay real and personal property taxes for each of the last three years. (e) Explain in detail why the City Council of the City of Virginia Beach should recommend to the General Assembly of Virginia that this organization should be exempt from real and personal taxation in the City of Virginia Beach. Please include in your explanation, the services provided by the organization. form was prepared by M ~~-[~ P, 1+65 S c Ie P r.e 5 ( c1-e-..-Y- This whose title with the organization is J fi~/~ (Signature) 5 ~' r * z I " .;\ i 72 L ell ,/1) f~ ~ / 'if.s;,,/'JllI-t/1~ ORGANIZATION f-/i,,/.:;-:r<{;1.r () lid',? :J"~, /" )11 /1f2-{~~ P t.JE.s SEt< p!2-e/s /cl~'t- .. I 2..- .kf/l.-' L /5' 1 () By: Name Title Date STATE OF VIRGINIA CITY OF VIRGINIA, to-wit: VVJ fH2-f!- (} J+~S fEte being duly sworn, deposes and says tha t hel she is the ,fll(?~ ( I)/.Z.-,~'t-- ( ti tIe) of the Tlc.f.u.vd-~_r ~v /(d~,... Llf-i--5v,Vt~ ?:L ~ (legal name of ownership organization) named in the within entitled application; that he has read the foregoing information sheet and knows the contents thereof; and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief, and as to those matters he believes it to be true. /}J~~ (Signature of Officer) Subscribed and sworn to before me this Gyud , 197V. J L--- . day of ~m'~ Notary Public MY COMMISSION EXPIRES SEPT. 14, 1992 1 I.; f' {, t Z, ;t~ .~ ~-~ ~: ?, 1'. "!-' I r j.: f- t- TIDEWATER GUILD FOR INFANT SURVIVAL, INC. 301 Eastwood Circle Virginia Beach, Virginia 23454 (804) 463.3845 Providing counseling, infant monitoring services, public education and research support concerning the Sudden Infant Death Syndrome Paragraph 18 E The Tidewater Guild for Infant Survival, Inc. is a small, locally-based 501 (c) (3) non-profit charity dedicated to combatting the Sudden Infant Death Syndrome ("SIDS" or "crib death") and other causes of infant mortality, and to providing counseling, education and support to families who have lost babies to SIDS and other sudden causes. We do not charge a penny for any of our services to bereaved families or others seeking help. We have been in existance in Tidewater since 1972, operating initially as a totally volunteer group operating out of homes until October, 1988, when we opened an office in Virginia Beach to better serve the region. Support for the organization is totally from voluntary contributions, which often fall far short of actual expenses, which are usually made up from the pockets of Mr. and Mrs. Hessek, who have dedicated their lives to this cause. To avoid even the slightest appearance of impropriety, and in order to maintain the independence and integrity of the organization, the TGIS,Inc. does not seek, nor accept, any federal, state or city grants, It also avoids grants from drug or medical companies, and the United Way simply because such grants are often fraught with politics, strings and requirements inappropriate to our mission of representing infants and babies,and their families, and getting them medical care, counseling and a "fair shake" from society. The organization, despite its small size, has been on the cutting edge of advances in reducing infant mortality nation-wide. It designed and started a greatly-simplified home infant monitoring program for high-risk infants in the mid-70's at the Children's Hospital of the Kings Daughters. The program was so very successful, it was adopted nation-wide within two years, and forms the basis for infant monitoring programs in use around the country and in the Western world. The organization also is the one which pushed CHAMPUS and a number of insurance companies into covering home monitoring. As a result of the wide adoption of the above actions, infant mortality has been reduced significantly nation-wide. In addition, the organization is in the process of encouraging hospitals and health departments locally and nation-wide to implement new, simplified screening tests which accurately spot infants who appear well, but may be at i- f< .I f.' 1- c , .( ~ ' ~ f i' t: 18 b. -The Guild does not have any salaried employees. Mrs. Eileen Kay Hessek, the Executive Director, draws a management fee of $200 per week when the funds are available. She is an independent contractor who "puts in" an average of 60 hours per week or more, including nights and weekends. A good third of the time, this money for her has come from our personal savings. 18 c - N/A 18 d -N/A. We had been operating out of our home. Mark P. Hessek made office space available for TGIS, Inc. out of his regular business offices late in 1988. ~ x ~ ~: ~. ~ I: t f ~ .; ~, t TIDEWATER GUILD FOR INFANT SURVIVAL, INC. 301 Eastwood Circle Virginia Beach, Virginia 23454 (804) 463.3845 Providing counseling, infant monitoring services, public education and research support concerning the Sudden Infant Death Syndrome TIDEWATER GUILD FOR INFANT SURVIVAL INC. 1565 LASKIN ROAD VIRGINIA BEACH, VA. 23451 OPERATING EXPENSES AND BUDGET OCTOBER 1, 1988 SEPTEMBER 30, 1989 ITEM CATEGORV EXPENSES PERCENT Counseling & Expenses $8,716.56 64% Education & Research $3,097.59 23% Office Expense, Licenses $1,834.70 Etc. 17% Operating Total $13,648.85 Total 100% Auto Purchase for TGIS, Inc. $12,800 Income Sources for the above period $15,000.00 Contribution from George Newell of New ~ersey (One-time gift to get started) $10,000.00 Contribution from Mark P. & Eileen t<. tiessek (One-time gift to get stqarted) $3,648.85 Contributions from individuals and civic clubs. Certified to be true and corr~1 day ?d:~ Mark p~~dent . I t 1 li t t: L. t t t . . ~!':""" ",--'..- ..~}'}~'t.'1~"'!M""'''' ~ ~,. ..~~ 'W~~ '-'I"!r..,.r";'r"'~:~" _ .1 , ,.,.. Address any r"l>l ., ,'. i'li"1;f1;:r.-" ., I'~ ~.;!ltif'" ~/ ~,., (), / (J/ i' l ~~~~'~~~~~~~!/~~il~~~~1i~~~~:~r.:y:~)~ -"",,,,,~,',':i,\-"1':';~'- Gentlemen: Based on information supplied, and in your application for recognition of exempt from Federal income tax under Sf.' We have further determined you ar0 ;~~t~~n seffd('bl) f,orcl1 (.~:{) :he Code, bec:: You are not liable for social sec\, of exemption certificate as provided iJ. You are not l.Jable for the taxes imposE' (FUT A) ,":~. :J':;~"'" f: i",~~r"'~:' ...~~.:tn.9~',> "6,.' '"rivate found" 'I,if:' "': ~,,:~i~!;,:~, ' . ,It. " 1\ih~o.d~~ow ;J'.""lf\~;r~.~ XOi~::5 "'\. '~:~ ""r-~:':"a ,:,ded 1.,:" 'f\1:oull.on ' ;tc tl,:"i9,"'~s'~~I;;'.1~1~~~' :- l;S'~~~a;' ...' ., ." "E! '. .:.._ Ei's tate and' gift' :...,'.".:~~,q,' ':;~,,'. ", ",0 ,'... ".,.,it,:,j\:'l',..'~.~,"..., "". ~,~.:~~1' "1~'n~,,'tlf"'y ,'K" , '~.ra6t...El.r.."'of m( 'US Know , ;we,i~j~:';RP~cfer."~1r6#~f-f'e~:tf (1: Y'ou: 'mustifo':tni "US of all changes in yc 17 your gross receipts each year " quired tojile Form 990, Return of Org;, ;O-;,,,,.~i~'!l;::II1:".J.:.5:.t,iL.-da~ Q,C~h.Jt,JJftn.....mc;m:j;.h. after the I,' , law impo~~.~..'a.l;:''Peh.a:1ty' of"$lO a'day, up a return on time. You are not required to file Fedel ject to the tax on unrelated business l you are subject to this tax, you must: this letter we are not determining whet ties are unrelated trade or business a2 You need an employer identificaticl an employer identification number was }, will be assigned to you and you will b~ all returns you file and in all corres] Please keep this determination let See Attached Sheet 'age 2 'idewater Guild for Infant Survival,,~," 'his determination extends to your 1,. ..,.- - '..,,:l~flI: '--";:'~~~,~lt' jk~,~~~.;;rr..j::;:\:':t.~:,.>,::, " ~~:.w~"-.l... __~v~""'_"~'"",,,,,,,,,~,,,,,,~_ fORM ss~ (3-09) 'ART. PI,ule m4k.1!\''''l'J \. record 0/ ttM i'l- ""~. In CU" 1",\ ,hovld b. 10S! ' NO~ICE OF EMPLOYER !DEMTlFICATION NUMBER 'Tidewater Guild for In! 16 Beverly H1118 Drive Newport Newa, Va. 236\. ,.,..'......'~"""^-. ----:'lI' ~'d. '; ,.' ;,(.__. ,. U';I".:~~~'~~ ~ plaia; j;(~lti~~~t;1d:'~~1201"'H""l':,",./r"':',"',"~ ' , A, :~ffi1D@au'1 @[t '1[}U@ ~lf@~@MO'W " "~;.~~~.~ ,I , J~" ~\lt~~{~l: I )~ @)al?@@Q@[f :I'~f~~~\.,rnal Revenue Service ~!~~~~ tL" 1~7~_,_ ~~;FX1r;f1150'Rw :~J:'~' .'&11 '~a.1.,,~r Guild for Infant , i "!1;s'~'i v ill, Inc. J.lii,:',e;ve dy Hills Drive ~i'~.t'J~mn Nows, Virginia 2.3606 '~lrlli J'I" 1',"", ;',.". ,I :":. . ,:.,...-,,-~. ,.' "~" ~" ','. ,~,:"''"':.-~;;_:r7;:,'~ . .,.,,'.~,.~ '~ .'It.1\,',. '" " .~,,:tt'''.~~~I.!t'''U'r_,- '<""',",, '.-, """" ::'-. f;"~~"'~i/~";;_;_:";"':"""';:""1,l"'" :.. ., ,,',., ." "...., , "";id.l.,.~j:l" ... operations will be as stated ,j.,':'';''':;il~" " ..ave determined you are ,,;. ,;: .Jj,. I, ~, I of the Internal Revenue Code. " ~H;tl:';,j."'." t founda tion wi thin the mean- j'~.l!t1"iU'tl' J.. organization, described in , ' " "r""r~jj,,;~1 " .'~es unless I~OIU file a waiver tl~';~~:';;,. ,.~surance )6ntr;putions Act. "..",.. ,,'" ' .leral Un;mp~oyment Tax", A~t ."oI"$~.(....f'~ dot s~f aot ,t? ,:th.'~X,o,.s~~,' " ,'" " ....l.t! flO-~ auto t "1 '" " ,t~ ~ '''~ ",'I. ~,. , , iJI,) ;"1.i~n"'",/it~." " _.,;,"~ ",' : S,,'; t(,.; I~; ':1;'0' -ye-u;.,;er, ;p.r -X.Q~, ,\,lsear~. 'I' ,.',~r;)Ol\,;e~:, ,!lder sect.iqv~: 2055"; 2106'il'~li;~, ,.! w:;'~, ~ o~f~il~:,~::'~Q}l,:..m.~~) let,.:;':'''''; ,;~: .';:~ C;lifl,r,:t:,l' ;, your exeml?t;~taiuJf'o~';~*~; "..,:lJ ~;,: ;-ess, ",.,.. "..,".,.".'.,'",.,..."", . "..1.... .J ;8 than $5,000, you are re- ,,~,.,l,.I'.'~".. !" From Income Tax, by the ,'"",,, "::',':, """":,:' , ;';;\~.,r ',' ;al, accoqnting period, The r~','t;.rn;~I~IJ:'J,~ ;' $5; 000 ;i":foii;'failu're:"to.'~fHa':"""i""'''''''-''''~' . ',,, "i.. ~:~,; .eturns unless you are sub- tion 511 of the Code. If ax return on Form 990-T. In ;' present or proposed act1v1- tion 513 of the Code. .f you have no employees, If jour application, a number Please use that number on ,e Internal Revenue Servioe. manent reoords. ...".l... .., ",~ '..'" .: .' I"~;:'.l ..... . ~. ;,..,t:, \' If., 't' \.. ~ " ~'.f ;IL'~~, !..,,: ',. I ' ,.,'w... '.. . 'I.' I.~:, "'" .", .:, ,~,'" . ly yours, ii' (1\ V I Q..,~ '''"",'",~,l, .,....... Q4../, IJ .{.tl:.J.,:, D. Waters Cu U, t Director I.:, ~ f;' ... ,. j. ',. Form L-178 (Rev, 7-71) , l"'j~~;j;~~~1ii.~~~~ii,~'i.1 a u. ~- -.l.16J , \.l;. ~. "\Tl5~, "'<:;~P''''''f ,.... _ . ~,:.,rn,ltl';: "Irpora t~d eljti ty. ,....; "'i" , -:"R" ,," "., .,.,~, ." .. ,-"- '- '..,. ~ .r.~."".""""\"""I..,.".."<"'_'" -"'W~~~~___.....",.."... j7222836 ,t ~UJ;:"'\"1'" ,ltll, Ine. ... .. xl} iX'(N high risk to dying of SIOS and other causes. The Guild works closely with the civilian and military communities in aiding the families who have suffered losses, whoneed monitors or have babies on monitors, and in informing and educating the medical, paramedical, and emergency services communities and the general public about SIOS. The only assets the Guild owns is the car, the office equipment and a checking account with a small balance for operating expenses, yet it is able to accomplish enormous good because of the dedication of its workers. It seeks no help from the government at any level other than the normal exemptions granted to such a non-profit corporation. As a 501 (c) (3) corporation, it is exempt from Federal taxes, as are all contributions made to it. The amount required for personal property taxes on the vehicle represent nearly two weeks of operating expenses for the Guild, which performs all of its services for the public good, and seeks no assistance from any government agency. It is therefore requested that the City of Virginia Beach declare the Tidewater Guild for Infant Survival, Inc. exempt from all personal property taxes from October 1, 1988 onward. , Thank you for your assistance in this matter. Mark P. Hessek President 1" t. t r t, 1 , I, ~. E; ,~ ~~ f: ~ - 14 - Item V-H.2 RESOLUTIONS ITEM If 32920 Upon motion by Councilwoman Parker, seconded by Counci Iman Moss, City Councl I ADOPTED Resolution directing the City Manager to prepare the Budget for FI scal Year 1991-92 re effect of changing the prerequisite to exemption, deferral or freeze of real estate taxes for elderly or disabled persons. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Helschober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None June 4, 1990 A RESOLUTION DIRECTING THE CITY 1 MANAGER TO PREPARE THE BUDGET FOR 2 FISCAL YEAR 1991-92 TAKING INTO 3 ACCOUNT THE EFFECT OF CHANGING THE 4 PREREQUISITE TO EXEMPTION, DEFERRAL 5 OR FREEZE OF REAL ESTATE TAXES FOR 6 ELDERLY OR DISABLED PERSONS 7 8 9 NOW, THEREFORE, BE IT RESOLVED by the Council of the 10 City of Virginia Beach: 11 That the City Manager is hereby directed to have the 12 budget for fiscal year 1991-92 prepared taking into account the 13 effect of changing the prerequisite to exemption, deferral or 14 freeze of real estate taxes for elderly or disabled persons from 15 the existing levels to an increase of total combined income to 16 $25,000.00 and the net combined financial worth increased to 17 $75,000.00, beginning on July 1, 1991, and the percentage of 18 exemption for combined incomes shall be scheduled from 100% down 19 to 10%, inclusive, in increments of 20% as follows: 20 21 22 23 24 25 26 27 28 29 30 31 32 Total Income All Source Tax Exemption Effective July 1, 1991 $ 00. 13,000.01 17,000.01 20,000.01 22,000.01 24,000.01 to $ to to to to to 13,000.00 17,000.00 20,000.00 22,000.00 24,000.00 25,000.00 100% 80% 60% 40% 20% 10% Tha t the City Manager is further directed to assist 33 Council in re-evaluating this program on a regular basis to ensure 34 that citizen needs are met in a way that is fiscally prudent for 35 the City. 36 37 38 39 40 41 42 43 the Adopted by the Council of the City of Virginia Beach on 4 day of June , 1990 NEW/awj 5-30-90 CA-3772 Noncode\Elderly.Res APPROVED AS TO. CONTENTS SIGNA TURE DEPARTMENT APPROVED AS TO LEGAL ~:IENCYAND FORM - ~~:~~~ AnoRNfY - 15 - Item V-H.3 RESOLUTIONS ITEM If 32921 Upon motion by Counci Iman Sessoms, seconded by Counci'man Baum, City Counci I ADOPTED: Resolution approving the mergers of Planning Districts Twenty and Twenty-one into one district and Southeastern Virginia Planning District Commission and the Peninsula Planning District Commission into the Hampton Roads Planning District Comm I ss i on; and, author i zing the City Manager to execute Charter Agreement of the Hampton Roads Planning District Commission re the provisions of the Virginia Area Development Act. Voting: 9-0 Counci I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John L. Perry and Wi I I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss and Nancy K. Parker Councilman Balko DISCLOSED he was a Member of the Southeastern Virginia Planning District Commission. June 4, 1990 1 2 3 4 5 6 7 8 9 A RESOLUTION APPROVING THE MERGER OF PLANNING DISTRICTS TWENTY AND TWENTY-ONE INTO ONE DISTRICT, APPROVING THE MERGER OF THE SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION AND THE PENINSULA PLANNING DISTRICT COMMISSION, INTO THE HAMPTON ROADS PLANNING DISTRICT COMMISSION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CHARTER AGREEMENT FOR THE HAMPTON ROADS PLANNING DISTRICT COMMISSION, IN ACCORDANCE WITH THE PROVISIONS OF THE VIRGINIA AREA DEVELOPMENT ACT 10 WHEREAS, the communities (the "Communities") comprising 11 Planning Districts Twenty and Twenty-One (the "Districts") have 12 determined that the community of interest, the ease of 13 communications and transportation, and geographic factors and 14 natural boundaries among the Communities are such that the best 15 interests of the Communities would be served by merging the 16 Districts into one District and also by merging the Southeastern 17 Virginia Planning District Commission and the peninsula Planning 18 District Commission into the Hampton Roads Planning District 19 Commission; 20 WHEREAS, the City of Virginia Beach has by prior resolution, 21 duly adopted, expressed its desire to participate in the creation 22 and membership of the merged Hampton Roads Planning District 23 Commission. 24 NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 1. That the City of Virginia Beach hereby approves the 27 merger of Planning Districts Twenty and Twenty-One into one 28 District, effective July 1, 1990 or the date upon which the 29 Virginia Department of Housing & Community Development declares the 30 Districts merged, whichever occurs later; 31 2. That the City of Virginia Beach further approves the 32 merger of the Southeastern Virginia Planning District Commission 33 and the peninsula Planning District Commission into the Hampton 34 Roads Planning District Commission effective July 1, 1990 or the 35 date upon which the Virginia Department of Housing & Community 36 Development declares the Districts merged, whichever occurs later; 37 and 36 3. That the City Manager is hereby authorized to execute the 37 Charter Agreement of the Hampton Roads Planning District Commission 38 in the form attached hereto as Exhibit A, which shall become 39 effective on the effective date of the merger. 40 Adopted by the Council of the City of Virginia Beach on the 41 4 day of June , 1990. 42 RMB/sam 43 OS/29/90 44 CA-3768 45 Merger.Res 51GNITURf <=~fl --~-~~ J\?PRG\' L: , ~- (:; ~~~L i1." ~ 2 EXHIBIT A CHARTER AGREEMENT , ' OF THE HAMPTON ROADS PLANNING DISTRICT COMMISSION This Charter Agreement to organize a planning district COMMISSION is made as of the 1st day of July, 1990, by and between the undersigned governmental subdivisions as authorized by the Virginia Area Development Act. (Title 15.1, Chapter 34, ~15.1-1400, et seq., Va. Code Ann., (1950), as amended); NOW THEREFORE, it is agreed that: ARTICLE I ORGANIZATION 1. Name. The name of this organization shall be the Hampton Roads Planning District Commission (the "COMMISSION"). 2. Principal Office. The principal office of the COMMISSION shall be in Chesapeake, Virginia. The location of the principal office may be changed by the concurrence of the COMMISSION. 3. Effective Date of Orqanization. The effective date of organization shall be July 1, 1990 or upon the date as of which the Virginia Department of Housing & Community Development declares that Planning Districts Twenty and Twenty-One are merged, whichever occurs later. ART-ICLE II MEMBERSHIP 1. Method of Appointment. Members of the COMMISSION shall be appointed by the respective governing bodies (the "Governing Bodies") of those governmental subdivisions which are parties to this Charter Agreement (the "Subdivisions"). 2. Composition. The Governing Bodies shall appoint members to the COMMISSION on the following basis: (a) Each Subdivision shall be entitled to two (2) initial members; (b) Each Subdivision with a population greater than or equal to 100,000 and less than 200,000 shall be entitled to one additional member, for a total of three. Each Subdivision with a population greater than or equal to 200,000 but less than 300,000 ~~ ( ; shall be entitled to thre~ additional members, for a total of five. Each Subdivision with a population greater than or equal to 300,000 shall be entttled to five additional members, for a total of seven. Of the_two initial members, one shall be an elected official of the Subdivision, and one shall be the Chief Administrative Officer of the Subdivision. At least one-half of the additional members for each Subdivision shall be elected officials of the Subdivision. 3. Basis for Representation. The population on which representation on the 'COMMISSION is based shall be established annually by the COMMISSION, using the most recent United States Census at the time at which any provision dependent upon population is being applied, or the time as of which it is being construed, unless there is available a final annual estimate of population prepared by the Center for Public Service, the University of Virginia, in which event that estimate shall govern. -If a Subdivision is determined to be entitled to increased membership on the COMMISSION, such increase shall become effective on the 1st of July immediately following such determination. l 4. Term. Of the first members appointed to the Commission, one-half (1/2) of the members from each Subdivision shall be appointed for one year terms and the remaining half shall be appoin~ed for two year terms. Where the number of members representing a Subdivision is not divisible by two, then the Subdivision shall appoint the extra member to a two year term. The term of appointment for all subsequent members shall be two (2) years. This section intends as near as possible to have each Subdivision appoint one-half of its representation annually. Any additions to or reductions in representation on the COMMISSION shall be carried out in accordance with the stated intent of this section. 5. Vacancies. Any member of the COMMISSION may be removed from office at any time, with or without cause, by the Governing Body that appointed the member. Any COMMISSION member who is an elected representative of the Subdivision shall be removed immediately upon expiration of his elected term of office. Any employee of a Subdivision shall be removed immediately upon the termination of his employment by the Subdivision. Vacancies on the COMMISSION shall be filled for the unexpired portion of the term in the same manner as the original appointment was made. 6. Votinq. Each member of the COMMISSION shall have one equal vote in all matters before the COMMISSION. 2 t~ ARTICLE III OFFICERS 1. Officers. The Officers of the COMMISSION shall consist of a Chairman, a Vice-Chairman and such other officers as maybe deemed advisable by the COMMISSION. All officers shall be elected by the COMMISSION from amongst its members, except that it may elect a secretary and a treasurer who need not be members of the COMMISSION. 2. Term of Office. All officers shall be elected for a term of one year or until their successors are elected or until they resign or are removed from office. The Chairman and Vice- Chairman must be from different Subdivisions and be members of the Executive Committee. The Chairman and Vice-Chairman may serve not more than two (2) consecutive one (1) year terms in succession. 3. Election. Election of Officers shall be held at the annual meeting of the COMMISSION. Any vacancy occurring in an office shall be, filled lat the next regular meeting following the occurrence of such vacancy, or at a special meeting called for that purpose. If the vacancy occurs in the office of Secretary or Treasurer, an acting officer shall be appointed by the Chairman pending such election. 4. Bylaws. The COMMISSION may adopt bylaws and such other rules as it may deem necessary or advisable for the conduct of its business, providing they are not inconsistent with the provisions of this Charter Agreement and the Virginia Area Development Act. . ' ARTICLE IV MEETINGS 1. Reqular Meetings. The COMMISSION shall hold regular meetings at such times as the bylaws may provide or as the COK~ISSION may determine. 2. Special Meetinqs. Special meetings will be held upon call by the Chairman and in accordance with the procedures as may be established by the bylaws or the COMMISSION. 3 ~ . . f 1 ARTICLE V ~OMMISSION MERGER Upon the effective date of this Charter Agreement, Southeastern Virginia Planning District Commission and the Peninsula Planning District Commission shall merge into the Hampton Roads Planning District Commission, which shall be the surviving entity and which shall be entitled to all the assets and shall assume all the liabilities of the two entities. ARTICLE VI ADDITION OR WITHDRAWAL OF PARTY TO THIS CHARTER AGREEMENT 1. _Addition. Any governmental subdivision within Planning District Nos. Twenty or Twenty-Ohe which is not a party to this Charter Agreement at the effective date hereof may thereafter join the COMMISSION at the end of the COMMISSION's then current fiscal year, provided tpat such governmental subdivision is eligible for membership and that the governing body of the governmental subdivision previous thereto adopts and executes this Charter Agreement. 2. withdrawals. Any Governing Body may withdraw its Subdivision from the COMMISSION by submitting to the COMMISSION in writing, at least sixty days before the end of the COMMISSION's then current fiscal year, a notice of intent to withdraw. All withdrawals shall become effective at the end of the fiscal year. A notice of intent to withdraw may be withdrawn or cancelled by the Governing Body concerned at any time prior to the effective date of the withdrawal. 3. Chanqe of Charter. Within sixty days of receipt of such notification of intent to join or withdraw, the COMMISSION shall submit a report to the remaining Governing Bodies that would recommend any modifications to the Charter Agreement or bylaws of the COMMISSION which are necessary as a result of said addition or withdrawal. 4. Assets and Liabilities. Upon withdrawal of a Subdivision from the COMMISSION, all of its interest in the assets and responsibilities for the liabilities of the Commission shall cease and terminate as of the effective date of such withdrawal. 5. Operatinq Costs. Upon the addition of a Subdivision to the COMMISSION, its responsibilities for its pro rata share of the operation of the COMMISSION shall begin on the effective date of such addition. 4 ~ WITNESS the following signatures and seal: CITY OF CHESAPEAKE Date: By: Its: CITY OF FRANKLIN Date: By: Its: CITY OF HAMPTON Date: By: Its: ISLE OF WIGHT COUNTY Date: By: Its: 'JAMES CITY COUNTY Date: By: Its: CITY OF NEWPORT NEWS Date: By: Its: CITY OF NORFOLK Date: By: Its: 6 ',~ CITY OF POQUOSON Date: By: Its: CITY OF PORTSMOUTH Date: By: Its: SOUTHAMPTON COUNTY Date: By: Its: CITY OF SUFFOLK Date: By: Its: CITY OF VIRGINIA BEACH Date: By: Its: CITY OF WILLIAMSBURG Date: By: Its: 7 ~, YORK COUNTY Date: By: Its: 11/AFG/fa/M13SS3 May 3, 1990 8 ~i - 16 - Item V-I.l. ORDINANCES ITEM 1/ 32922 Robert J. Scott, Director of Planning, with the assistance of maps, advised the road in yellow beginning with London Bridge Road and stopping at Princess Anne Road would be the road under consideration. The dotted red lines indicate the four-lane undivided highway which is to be deleted. However, if it is the wish of City Council not to delete same, it does not present a problem at this point. There are no interchanges to be considered. The number of intersections on Princess Anne Road would also not be increased. In essence, the only I inks being proposed for addition would be between Holland and Princess Anne and between Dam Neck and Hol land. The magnitude is such as to not warrant any great separated interchanges. Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, registered in OPPOSITION A MOTION was made by Counci I woman McClanan, seconded by Cunci Iman Heischober to ADOPT the Ordinance to AMEND the Master Street and Highway Plan of the City of Virginia Beach: ADDING a major North-South arterial running from the terminus of London Bridge Road South to the current intersection of West Neck Road and Princess Anne Road; AND, NOT DELETE the proposed four-lane undivided highway running along the Northwest side of the Christopher Farms Subdivision from Holland Road to Princess Anne Road (future Ferrel I Parkway). Upon SUBSTITUTE MOTION by Counci I woman Henley, seconded by Counci I woman Parker, City Council voted to separate the Question related to the Master Street and Highway Plan: The City Counci I wi II vote on the Segment presented during today's City Counci I Session, June 4, 1990, and the portion wi II be separated going from Princess Anne Road/Ferrel I Parkway into Pungo. Voting: 6-5 Counci I Members Voting Aye: Albert W. Balko, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan and Wi I I iam D. Sessoms, Jr. Council Members Absent: None June 4, 1990 - 17 - Item V-I.l. ORDINANCES ITEM # 32922 (Continued) A MOTION was made by Counci I woman Henley, seconded by Councilman Moss to DELETE that portion south of the GREEN LINE (Princess Anne Road/Ferrel I Parkway to the Intersection of West Neck Road and Princess Anne Road in Pungo) with relation to the Ordinance to AMEND the Master street and Highway Plan of the City of Vi rg in i a Beach. Upon SUBSTITUTE MOTION by Councilman Helschober, seconded by Counci Iman Baum, relative the Ordinance to AMEND the Master Street and Highway Plan of the City of Virginia Beach, City Counci I APPROVED: ADDING a major North-South arterial below the Green Line, running from Princess Anne Road/Ferrel I Parkway to Intersection of West Neck Road. Voting: 6-5 Councl I Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John L. Perry and Wi II i am D. Sessoms, Jr. Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Jr. Councl I Members Absent: None June 4, 1990 - 18 - I tem V-I. 2. ORDINANCES ITEM # 32922 (Continued) Upon motion by Counci I woman McClanan, seconded by Counci Iman Heischober, relative the Ordinance to AMEND the Master street and Highway Plan of the City of Virginia Beach, City Counci I APPROVED: The Northern portion of MSHP, as designated, from Princess Anne Road North to Dam Neck Road. NO ROADeS) DELETED from Dam Neck Road to Princess Anne Road. Voting: 7-4 Councl I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan and Wi I I iam D. Sessoms, Jr. and John L. Perry Counci I Members Voting Nay: Barbara M. Hen ley, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Counci I Members Absent: None June 4, 1990 - 19 - Item V-I.2. ORDINANCES ITEM # 32923 Upon motion by Counci I woman Henley, seconded by Counci I woman Parker, City Counci I ADOPTED: Ordinance to AMEND and REORDAIN Chapter 35, Article I I of the Code of the City of Virginia Beach, Virginia, by ADDING Division 4, Section 35-80.1 re exemptions from taxation for certain rehabilitated residential real estate. Councilwoman Henley requested a report by the Historical Office be SCHEDULED prior to July First with a plan to make citizens aware of this Ordinance and encouraging their uti I izatlon. Voting: 11-0 Counci I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I iam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None June 4, 1990 1 AN ORDINANCE TO AMEND AND REORDAIN 2 CHAPTER 35, ARTICLE II OF THE CODE 3 OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, BY ADDING THERETO DIVISION 5 4, SECTION 35-80.1 PERTAINING TO 6 EXEMPTIONS FROM TAXATION FOR CERTAIN 7 REHABILITATED RESIDENTIAL REAL 8 ESTATE 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That the Code of the City of Virginia Beach, virginia, 12 is hereby amended and reordained by adding Division 4, section 35- 13 80.1 to Chapter 35, Article II, as follows: 14 DIVISION 4. EXEMPTION FOR REHABILITATED RESIDENTIAL REAL ESTATE 15 16 section 35-80.1. Exemption for rehabilitated residential real estate. 17 Real estate which has been substantiallY rehabilitated 18 for residential use is exempted from taxation of real estate upon 19 the terms subiect to the conditions as hereinafter prescribed: 20 a. A partial exemption from real estate taxes is 21 provided for qualifvinq real estate which has been substantiallY 22 rehabilitated for residential use in accordance with this section. 23 For the purposes of this section. real estate shall be deemed to 24 have been substantiallY rehabilitated when a residential structure 25 on said real estate. which is no less than seventY-five (75) years 26 of aqe. has been so improved as to increase the assessed value of 27 the structure bv no less than forty percent. but without 28 increasinq the total square footaqe of such structure by more than 29 fifteen percent. 30 b. As a requisite for qualifvinq for partial tax 31 exemption for rehabilitation of a residential structure. the 32 owners of such structure shall. at the time he applies for a 33 buildinq permit to rehabilitate such structure. file with the Real 34 Estate Assessor an application to qualify such structure as a 35 rehabilitated residential structure. The application to aualifY 36 for the rehabilitated residential structure tax exemption shall be 37 on a form approved bY the Real Estate Assessor. Such application 38 shall be filed prior to the commencement of the rehabilitation. 39 c. After the rehabilitation has been completed the 40 owner shall submit a written reQUest to the Real Estate Assessor 41 to inspect the structure to determine if it then QUalifies for the 42 rehabilitated property exemption. Such inspection and 43 determination shall be made by the Real Estate Assessor wi thin 44 sixty days after such written reQUest is submitted. If the 45 property QUalifies for such exemption then the tax exemption shall 46 become effective immediatelY upon completion of the improvements 47 and shall run with the real estate for a period no lonaer than 48 five years. 49 d. The exemption provided in this section shall be 50 an amount eQUal to the increase in assessed value resultina from 51 the rehabilitation of the structure as determined by the Real 52 Estate Assessor and this amount only shall be applicable to any 53 subseQUent assessment or reassessment. The owner of property 54 qualifyina for partial exemption from real estate taxes because of 55 rehabilitation of a structure shall be issued a credit memorandum 56 by the city Treasurer for each year of the five years period of 57 exemption from real estate taxes. An increase in assessment 58 occurrina after the first year of such rehabilitation exemption 59 shall not QUalifY for an increase in such exemption. 60 e. Nothing in this section shall be construed as 61 to permit the Commissioner of Revenue to list upon the land book 62 any reduced value due to the aforesaid exemption. 63 f. No property shall be eliaible for such 64 exemption unless the appropriate buildina permits have been 65 aCQUired and the Real Estate Assessor has verified that the 66 rehabilitation indicated on the application has been completed. 67 g. No improvements made upon vacant land nor total 68 replacement of residential structures shall be eliaible for 69 partial exemption from real estate taxation. 2 - 20 - Item V-J. CONSENT AGENDA ITEM II 32924 Upon mot i on by Counc i I man Ba I ko, secon ded by Counc i I man Baum, City Counc i I APPROVED in ONE MOTION Items 1, 3, 5,6,7,8 and 9 a/b. Items 2, 4, and 9 c were pul led for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss*, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I iam D. Sessoms, Jr. Councl I Members Voting Nay: None Counci I Members Absent: None *Councl Iman Moss voted a VERBAL NAY on Item 6 of the CONSENT AGENDA. J un e 4, 1990 - 21 - Item V-J.1 CONSENT AGENDA ITEM II 32925 Upon motion by Counci Iman Balko, seconded by Counci Iman Baum, City Counci I ADOPTED: Resolution supporting the continuation of the V I rg I n i a Beach Clean Commun I ty prog ram; an d, requesting $20,105 grant funding from the Virginia Department of Conservation and Historic Resources, Division of Litter Control. Councilwoman Parker advised Recycle Saturday is July Twenty-first at Pembroke Mal I. The Clean Community Commission supports same. Counci I woman Parker advised to please cal I 427-4104, if anyone wishes to volunteer. Voting: 11-0 Counci I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I iam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None Counc i I woman Parker DISCLOSED she was a Member of the Vi rg in i a Beach Clean Community Commission, but receives no funds. She Is able to participate in the vote fairly, objectively, and in the publ ic interest. June 4, 1990 RESOLUTION WHEREAS, the Council of the City of Virginia Beach recognizes the existence of a litter problem within the City; and WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Historic Resources, Division of Litter Control, for grants for the purpose of enhancing local litter control programs; and WHEREAS, the Virginia Beach Clean Community Program is in its twelfth year of funding under this program; and WHEREAS, in order for the thirteenth year funding application to be forwarded to the Division of Litter Control, said application must be endorsed by Council. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach endorses and supports the continuation of the Virginia Beach Clean Community Program with grant funding of $20,105 to be furnished by the Division of Litter Control of the State of Virginia. BE IT FURTHER RESOLVED that the Department of Conservation and Historic Resources, Division of Litter Control, is hereby requested to consider and approve said grant application and program, said program being in accord with the regulations governing the use and expenditure of these funds. Adopted this 4 day of June , 1990. - 22 - Item V-J.2 CONSENT AGENDA ITEM # 32926 The City Manager advised this Resolution does not close any of the options to the Community to proceed with the various recycling efforts discussed previously. The City Manager gave a preliminary progress report on the different aspects of the City's current and proposed recycling efforts. A newspaper recycling program is currently in place in 68 locations throughout the City and has resulted in a saving of 2,800 Tons of newspaper. The City Staff has proposed to proceed with an igloo type system of drop-off locations for glass, plastic and aluminum. The City Manager, through the utilization of a map, identified 20 drop-off locations throughout the City. The City has the ability to monitor these locations on a 24-hour basis. The City has been working with various private entrepreneurs in the Community who have indicated a willingness to work with the City. Through the SPSA proposal, approximately 1,000 homes in the Great Neck Area are served with curbside recycling. Beginning later this Fall, approximately 2,700 houses will be included in an expanded pilot program, primarily in the Pembroke area of the City. A mulching program will commence at Landfill No. 2 in October. Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City Council AOOPTED: Resolution requesting the Virginia Department of Waste Management designate a solid waste planning region and agency for Southeastern Virginia. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Mayor Oberndorf DISCLOSED she serves as a Commissioner on the Southeastern Virginia Planning District Commission, but is not paid to attend the meetings. She is able to participate in the vote fairly, objectively, and in the public interest. June 4, 1990 1 2 3 4 5 6 7 8 RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF WASTE MANAGEMENT TO DESIGNATE A SOLID WASTE PLANNING REGION AND AGENCY FOR SOUTHEASTERN VIRGINIA WHEREAS, Part V of the Regulations for the Development 9 of Solid Waste Management Plans promulgated by the Virginia 10 Department of Waste Management provide for the designation of a 11 regional solid waste planning region, a solid waste planning 12 agency, and for the designation of an entity responsible for 13 developing a regional solid waste management plan; 14 WHEREAS, the Southeastern virginia Planning District 15 Commission and the Southeastern Public Service Authority have a 16 long history of cooperative regional solid waste planning and 17 management on behalf of the area's local governments; 18 WHEREAS, these agencies have already instituted the 19 process of developing a regional plan to address local needs. 20 NOW, THEREFORE, BE IT RESOLVED by the Council of the 21 City of Virginia Beach, Virginia: That the Council hereby 22 requests the Virginia Department of Waste Management to designate 23 the area of the Southeastern Virginia Planning District as the 24 regional solid waste planning region, to designate the 25 Southeastern Virginia Planning District Commission as the regional 26 solid waste planning agency for the designated region, and to 27 designate the Southeastern Public Service Authority of virginia as 28 the entity responsible for implementing a regional solid waste 29 management plan for the designated region. 30 AND BE IT FURTHER RESOLVED that a copy of this 31 resolution shall be forwarded to the Director of the Department of 32 Waste Management. 33 Adopted by the Council of the City of Virginia Beach on 4 June 34 the day of , 1990. 35 36 37 38 39 RMB/awj 5/29/90 CA-3764 Noncode\Waste.Res , , PP,i 0' 'v;;D' AS TO ("',") , ,'I' ,;-' n. ~~.. --fl&. SIGNATURE :t\:e DEPARTMEN APPROVED AS TO LEGAL SUFFiC!~ - 23 - Item V-J.3 CONSENT AGENDA ITEM 1/ 32927 Upon motion by Counci Iman Balko, seconded by Counci Iman Baum, City Counci I ADOPTED: Resolution confirming the appointments of: Richard J. Beaver, Assistant City Attorney effective May 1, 1990 L. steven Emmert, Assistant City Attorney effective June 1, 1990 Voting: 11-0 Counci I Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I iam D. Sessoms, Jr. Council Members Voting Nay: None Councl I Members Absent: None June 4, 1990 1 A RESOLUTION TO APPOINT 2 L. STEVEN EMMERT 3 AND 4 RICHARD J. BEAVER 5 AS ASSISTANT CITY ATTORNEYS 6 7 8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That pursuant to ~ 2-166 of the Code of the city of 11 virginia Beach, virginia, the appointments of L. Steven Emmert and 12 Richard J. Beaver to the positions of Assistant city Attorneys, 13 are hereby confirmed. 14 15 Adopted by the Council of the City of Virginia Beach, 16 virginia, on the 4 day of June , 1990. 17 18 CA-3776 19 NEW/awj 20 5-31-90 21 NONCODE\Emmert.Res 22 APPROVED AS TO. CONTENTS ~ .? 51 NAltlRE LA-tJ DEPARTMENT APPROVED AS TO lEGAL SUFFICIENCY AND FORM ~(Y~ CITY A HORN. - 24 - Item V-J.4 CONSENT AGENDA ITEM # 32928 The following registered in SUPPORT of the Ordinance: Captain Les Fenlon, President - Great Neck Association of Civic Legues, 222 Scallop Road, Phone: 481-2501 The following registered in OPPOSITION to the Ordinance: Sean Hurley, 401 Carnegie Road, Phone: 463-0989 - Addiction Jet Ski Rentals Barry Hull, Owner - Virginia Beach Jet Ski Center, 3725 Mantle Lane, Phone: 340-1820 David D. Gaskins, 2013 Barnet Court, Phone: 468-8895, Vice President - Virginia Beach Personal Watercraft Club. Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Councl DEFERRED to the City Council Session of June 18, 1990: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 6-112.2 re designation of a boat channel in Broad Bay and The Narrows. Councilman Heischober suggested lines 19, 20 and 21 - Section (b) be AMENDED to read: (b) "It shall be unlawful for any person to anchor, fish, crab, swim or water ski, or to ltIaS0tH ey ~~I @enal operate any watercraft in said channel." This Item will be DEFERRED for Assistant City Attorney William Byman to confer with the registered speakers to determine verbiage, which will assure the safe operation of powered watercraft in the Narrows and the entire area. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry June 4, 1990 - 25 - Item V-J.5 CONSENT AGENDA ITEM # 32929 Upon motion by Councilman Balko, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation, for right-of- way re Tidewater Community College offsite access improvements (CIP 2-081). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 4, 1990 1 2 3 4 5 6 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR TIDEWATER COMMUNITY COLLEGE OFFSITE ACCESS IMPROVEMENTS CIP 2-081 AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City of 8 virginia Beach, Virginia, a public necessity exists for the 9 construction of this important roadway to provide transportation 10 and for other public purposes for the preservation of the safety, 11 health, peace, good order, comfort, convenience, and for the 12 welfare of the people in the City of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City Attorney is hereby authorized and 16 directed to acquire by purchase or condemnation pursuant to 17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1- 18 89, et seq., Code of virginia of 1950, as amended, all that 19 certain real property in fee simple, including temporary and 20 permanent easements of right of way as shown on the plans 21 entitled "T.C.C. ACCESS IMPROVEMENTS LOCATION MAP N.T.S.," these 22 plans being on file in the Office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Attorney is hereby authorized to 25 make or caused to be made on behalf of the City of virginia 26 Beach, to the extent that funds are available, a reasonable offer 27 to the owners or persons having an interest in said lands, if 28 refused, the City Attorney is hereby authorized to institute 29 proceedings to condemn said property. 30 That an emergency is hereby declared to exist and this 31 ordinance shall be in force and effect from the date of its 32 adoption. 33 Adopted by the council of the City of virginia Beach, 34 35 36 37 38 39 40 JAR/ih CA-3603 \ordin\noncode\tcc.ord "/ Virginia, on the 4 day of June . , , , -----:) -. ~- ~ c <( o a: CJ) (/) w U ~ a: w z ~' U ::J OJ Ot>-06' . ~4t O~~ O~t>- 'J c ~ a: en CJ) w U U <:C I- Z o :E w en ,0 a: UJ Z <! ..J >- Z ~ u.. i= -.... c <( o a: 'c) Z [2--:. a:w UJ (/) 1-<( ::):1: 00. 8@ @ ."1................."'---~..-...."._~.~-..-"--..,. v-"-'''''''''-'-'--''---~''''''~'''-''' ----.. . _. . .... ~- . ,~J.<.~_,.,~~..........""_ :,",'1" Jt.~:J. .?y-:' "C Q,) :> o Eco Q,).- J...C Q,) '51 .0.= 0> .....>> "CoO coQ,)" ocg a: co +:i ' (/)..JttS (/) > t: Q,)co ottSo.. o::::(/) <! .- c t-co ..... cot=: Q)..... 0-0'0 (j) Q)Q)..... J........c ()~Q) Q)oE en Qi t: Q)"-CO = "C 0.. ocO) ~coo W .... o z CJ) I- Z LLJ 2 w ~ a:: a.. ~ - en (/) w U U <( cj cj . l- I: ~ -, ~ Il ~ -. l I: ~ a. <( :E z. O~ _I- ~:i () 9 - 26 - Item V-J.6 CONSENT AGENDA ITEM # 32930 Upon motion by Councilman Balko, seconded by Councilman Baum, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $1,189,788 as proceeds from lease purchase re providing improvements for the Oceanfront Resort Area communications. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum; Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss* Council Members Absent: None *Verbal Nay June 4, 1990 1 2 3 AN ORDINANCE TO APPROPRIATE $1,189,788 AS PROCEEDS FROM LEASE PURCHASE IN ORDER TO PROVIDE IMPROVEMENTS FOR THE OCEANFRONT RESORT AREA COMMUNICATIONS 4 WHEREAS, the city has been gradually upgrading its communications system 5 since 1985 from VHF frequency to 800 MHz frequency; 6 WHEREAS, a third relay transmission site is required at the Oceanfront 7 Resort Area to ensure secured, continuous and uninterrupted communications; 8 WHEREAS, the cost of the third relay transmission site to be located on 9 the 29th Street water tank is estimated to be $1,189,788; 10 WHEREAS, funds in the amount of $1,189,788 can be provided from the 11 proceeds of a lease purchase agreement. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA, that funds in the amount of $1,189,788 be provided from proceeds 14 through a lease purchase agreement and be appropriated for the purpose of 15 installing a third communications relay transmission site at the Oceanfront 16 Resort Area. 17 Adopted the 4 day of June , 1990, by the Council of the City of 18 Virginia Beach, Virginia. 19 This ordinance shall be in effect from the date of its adoption. 20 First Reading: May 29, 1990 21 Second Reading: June 4, 1990 - 27 - Item V-J.7 CONSENT AGENDA ITEM # 32931 Upon motion by Councilman Balko, seconded by Councilman Baum, City Council APPROVED upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE $338,700 from a Federal Alcohol and Drug Abuse Block Grant Award for Mental Health/Mental Retardation/Substance Abuse Department re alcohol and drug treatment services. Councilwoman McClanan requested the Ordinance be AMENDED upon SECOND READING to include a statement recognizing this is a grant, and if the funds should no longer be available the City will not be responsible for the additional full time positions. Should the funding cease, these employees will be notified that this potential does exist. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 4, 1990 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS IN THE AMOUNT OF $338,700 FROM A FEDERAL 3 ALCOHOL AND DRUG ABUSE BLOCK GRANT AWARD FOR MENTAL HEALTH/ 4 MENTAL RETARDATION/SUBSTANCE ABUSE DEPARTMENT 5 ALCOHOL AND DRUG TREATMENT SERVICES 6 WHEREAS, the Alcohol and Drug Abuse Block Grant to Virginia is 7 increasing by $9 million with specific usage requirements imposed by the federal 8 government and state MH/MR/SAS; 9 WHEREAS, the state has notified the Community Services Board of 10 additional allocations of $338,700 from the federal substance abuse block grant 11 and the state has approved the MH/MR/SA program proposals for service delivery; 12 WHEREAS, these federal block grant funds require no local matching 13 funds; 14 WHEREAS, these funds will be used to provide jail based services, 15 intensive services for drug users, prevention and early intervention efforts, 16 residential follow-up services, emergency stabilization services, and enhanced 17 services through the courts, and require 10.5 full time equivalent positions; 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That funds in the amount of $338,700 from the federal Alcohol, Drug 21 Abuse, and Mental Health Block Grant be accepted and appropriated to the Grants 22 Consolidated Fund and that revenue from the federal government be increased by 23 $338,700 and that 10.5 additional full time equivalent positions be authorized 24 for the duration of the grant. 25 This ordinance shall be in effect from the date of its adoption. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the day of June , 1990. 27 FIRST READING: June 4, 1990 SECOND READING: SIGNATURE &#~~~~ DEPARTMENT APPROVED AS TO LEGAL SUFF!CIE - 28 - Item V-J.8 CONSENT AGENDA ITEM # 32932 Upon motion by Councilman Balko, seconded by Councilman Baum, City Council ADOPTED: Ordinance to TRANSFER $164,700 from within the FY 1989-1990 Operating Budget to the Department of Juvenile Probation re estimated additional expenses for juvenile placements. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 4, 1990 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $164,700 2 FOR ESTIMATED ADDITIONAL EXPENSES FOR 3 JUVENILE PLACEMENTS FOR THE FY 89-90 4 5 6 WHEREAS, the Juvenile and Domestic Relations Court orders the Department 7 of Juvenile Probation to place juveniles in detention homes and group homes, 8 9 WHEREAS, the Department of Juvenile Probation budgets for the cost of 10 placement of these juveniles, based on previous expenditure patterns and 11 anticipated trends in placements, 12 13 WHEREAS, the number of placements and length of stay per juvenile has 14 exceeded projected estimates, thus leading to costs of placement $164,700 in 15 excess of FY 89-90 budgeted amounts for placements, 16 17 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA, that the City Manager be authorized to transfer funds in the 19 amount of $164,700 from within the FY 89-90 Operating Budget to the Department 20 of Juvenile Probation to cover the additional costs of court ordered juvenile 21 placements. 22 23 This ordinance shall be effective from the date of its adoption. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia on the 26 4th day of June, 1990. - 29 - Item V-J.9a/b. CONSENT AGENDA ITEM # 32933 Upon motion by Councilman Balko, seconded by Councilman Baum, City Council APPROVED: LOW BIDS: CENTEX CONSTRUCTION COMPANY, INC. ASPHALT ROADS & MA TERIALS CO., INC. Judicial Center (CIP 3-977) $26,087,000 1989-90 Bituminious Concrete Maintenance Schedule - Contract IV $ 818,260 Councilman Moss recommended regarding Item 9.a. the Judicial Center (CIP 3- 977), it might be advantageous for Council Members to receive quarterly progress reports on construction, phasing and expenditures on large capital projects of this nature. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None June 4, 1990 - 30 - Item V-J.9c. CONSENT AGENDA ITEM # 32934 Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council APPROVED: ORION ASSOCIATES, INC. Gracetown Area Street Improvements (Underground Stormwater Drainage System) (CIP 2-946) $ 589,500 Councilwoman McClanan advised Councilman Perry had to leave due to his wife's illness. The City Manager will contact Councilman Perry relative his concerns regarding this item. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John 1. Perry June 4, 1990 - 31 - Item V-K.l. APPOINTMENT ITEM # 32935 Upon NOMINATION by Councilman Heischober, City Council APPOINTED: PUBLIC LIBRARY BOARD R. Patrick Deans Unexpired term thru 8/31/91 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry June 4, 1990 - 32 - Item V-L.1. UNFINISHED BUSINESS ITEM # 32936 ADD-ON Mayor Oberndorf referenced the MAYOR'S COMMITTEE FOR REAPPORTIONMENT. Judge William H. Hodges received another decision by the Supreme Court indicating he should not serve on the MAYOR'S COMMlTEE FOR REAPPORTIONMENT. Therefore, Judge Hodges has been replaced by Mr. Thomas Barton. Mayor Oberndorf is still attempting to contact another possible member from the academic community. June 4, 1990 - 33 - Item V-M.l. NEW BUSINESS ITEM # 32937 ADD-ON Giles G. Dodd, Assistant City Manager for Administration, distibuted the INTERIM FINANCIAL STATEMENTS July 1, 1989 - April 30, 1990, which are hereby made a part of the record. Councilwoman Parker referenced Pages 3.1 and 3.2 and the two selected accounts cited in the report. One was $1.6-MILLION and the other was $7.3-MILLION. How is the City compensated for this difference? Councilwoman Parker cited Page 3.3, which indicated the realized revenue is .5% behind comparable historical data for fiscal year 1989. Mr. Dodd advised this is looked at on an overall basis. The City may collect funds on some of these accounts while on some of the others, the City may not collect all that has been estimated. If the City does not collect the revenues expected, then the City will not spend all the anticipated appropriations. Therefore, the under expenditure of the appropriation and the under collection of revenues will balance out. Councilman Moss advised the City will have an ending fund balance of $7.3- MILLION because the City Manager astutely imposed a hiring freeze and to a great extent, a capital purchase freeze. The potential liability for future funds was not deleted. The potential liabilities was carried forward into the Budget with revenue projects that are no more optimistic than the budget just experienced. - 34 - Item V-M.2. NEW BUSINESS ITEM # 32938 ADD-ON Councilman Moss requested a report from the City Real Estate Assessor as to the number of commercial properties which requested a downward adjustment in their property assessment. Councilman Moss believed there was a large number of these properties, particularly at the oceanfront. Counclman Moss wished to evaluate the magnitude of this request, as it reflects into the budget estimates for the year July First, and as it may relate to any property the City may be acquiring at the oceanfront. Councilman Moss requested this information, if possible, be provided by Monday, June 11, 1990. June 4, 1990 - 35 - Item V-M.3. NEW BUSINESS ITEM # 32939 ADD-ON Councilman Baum requested the Planning Director provide information relative properties in Sandbridge that would appear zoned too high. Councilman Baum requested a map and brief description be provided depicting these properties. Councilman Baum did not believe many of these properties exist, but these overzoned properties should be corrected prior to any improvements involving roads, sewerage, et cetera. June 4, 1990 - 36 - Item V-M.4. NEW BUSINESS ITEM # 32940 ADD-ON Councilman Moss sponsored Bonnie Roof, 4001 Rainbow Drive, Phone: 471-3117. Mrs. Roof lives on Rainbow Drive in the Salem Village subdivision, the area between Holland Road and Princess Anne Road, which will be affected by the extension of South Independence Boulevard. Mrs. Roof advised Independence will be going directly behind her street. Once South Independence Boulevard is completed, there will be three roads around her house. Mrs. Roof distibuted a map depicting same. Mrs Roof requested the small section of Arcturus be closed after the completion of the extension of South Independence Boulevard. Mrs. Roof believed this would be a hazardous intersection. Councilman Moss suggested a similar procedure be followed as was in Thoroughgood. The street was not closed. The City just did not authorize the interconnection of the highway with the thoroughfare. The City Manager will meet with Mrs. Roof and prepare information relative the various options for discussion and resolution by City Council. June 4, 1990 - 37 - Item V-N.1 ADJOURNMENT ITEM # 32941 Upon motion by Vice Mayor Fentress, and by CONSENSUS, City Council ADJOURNED the Meeting at 4:50 P.M. /--, L..:5~ 0. /,"/~ Beverl b. Hooks Chief Deputy City Clerk ~~ uth Hod s Smith, CMC City Clerk City of Virginia Beach Virginia ~ JunE> 4. lqqO CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 DATE: J un e 4, 1990 F I M B PAGE: One E S C E S N C H C R P E B T H E L N A P S A B R 0 N A M D R E S L A E B L N 0 0 K R 0 AGENDA K U S E E A S R E R M ITEM II SUBJECT MOTION TO I PASSED 0 M S R Y N S F R Y S I/A TCC BOARD George B. Pass, Pres, TCC II CITY COUNCIL CONCERNS III-V INFORMAL/FORMAL SESSIONS D CERTIFICATION OF EXEC SESSION CERTIFIED 10-0 Y Y Y Y Y Y * Y Y Y Y *Moss abstained E MINUTES: E/l May 23, 1990 APPROVED 9-0 Y Y Y Y Y Y * Y Y * Y *Moss/Perry abstained E/2 May 29, 1990 APPROVED AS 11-0 Y Y Y Y Y Y Y Y y Y Y CORRECTED F/l LDCCC Andrew S. Fine, Co-Chair G/1 PUBLIC HEARING: TAX EXEMPT status: AMERICAN GUILD FOR INFANT SURVIVAL, INC. H/l Resolution supporting legislation ADOPTED REV I SED 10-1 Y Y Y Y Y N Y Y Y Y Y re (Tidewater) American Guild RESOLUTION for Infant Survival, Inc. exempt from state/local taxation H/2 Resolution directing City Manager ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y to prepare Budget for FY 1991-92 re effect changing prerequisite to exempting/deferral/freeze of real estate taxes for elderly or disabled persons H/3 Resolution approving mergers of ADOPTED 9-0 Y Y Y Y Y Y A Y A Y Y SVPDC/PPDC into Hampton Roads Planning District Commlssion/ authrzng Charter Agreement of HRPDC re provisions of Virginia Area Development Act 1/1 Ordnc to AMEND MSHP: APPROVE PORTION 6-5 N Y Y Y N Y N N N Y Y ADD!NG major N/S arterial from BELOW GREEN LINE London Bridge Road South to FROM PRINCESS I Intersection of West Neck Road/ ANNE RD/FERRELL Princess Anne Road PKWY TO INTRSCTN OF WEST NECK AND PRINCESS ANNE ROADS Proposed 4-lane undivided hwy APPROVE NORTHERN 7-4 Y Y Y Y N Y N N N Y Y along Christopher Farms PORTION OF MSHP (from Dam Neck Road to Subdivision from Hol land Rd AS DESIGNATED Princess Anne Road -- to Princess Anne Rd FROM PRINCESS no road deleted) (future Ferrel I Pkwy) ANNE RD NORTH TO DAM NECK RD 1/2 Ordnc to AMEND Chptr 35/Art I I ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y of Code by ADDING Division 4, \ Sec 35-80.1 re exemptions from taxaton for certain rehabi I itated residential real estate I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E I 0 I DATE: June 4, 1990 F I M B PAGE: Two E S C E S N C H C R P E B T H E L N A P S A B R 0 N A M D R E S L A E B L N 0 0 K R 0 AGENDA K U S E E A S R E R M ITEM II SUBJECT MOTION TO PASSED 0 M S R Y N S F R Y S J/1 Resolution supprtng continuation ADOPTED 11-0 y Y Y Y Y Y Y Y Y Y Y of VB Clean Community program/ requstng $20,105 grant funding from Va Dept of Conservation/ Historic Resources, Division of Litter Control J/2 Resolution requstng Va Dept of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Waste Mgmt designate a solid waste planning region/agency for Southeastern Virginia J/3 Resolution confirming appts: ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y J/3/a Richard J. Beaver, Asst cty Atty effective May 1, 1990 J/3/b L. steven Emmert, Asst cty Atty effective June 1, 1990 J/4 Ordnc to AMEND Code by ADDING DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y A Y Sec 6-112.2 re designation of a 6/18/90 boat channel in Broad Bay/ The Narrows J/5 Ordnc authrzng acquisition of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y property in fee simple/easements by agreement or condemnation for r-o-w re TCC offsite access Improvements (CIP 2-081) J/6 Ordnc to APPROPRIATE $1,189,788 ADOPTED UPON 10-1 Y Y Y Y Y Y N Y Y Y Y as proceeds from lease purchase SECOND READING re provdng imprvmts for Ocean- front Resort Area communications J/7 Ordnc to ACCEPT/APPROPRIATE APPROVED UPON 11-0 Y Y Y Y Y Y Y Y Y Y Y $338,700 from Federal Alcohol/ FIRST READING Drub Abuse Block Grant Award for MH/MR/Substance Abuse re alcohol and drug treatment services J/8 Ordnc to TRANSFER $164,700 from ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Juveni Ie Probation re estimated addtl expenses/juvenl Ie placemts J/9 LOW BIDS: J /9 / a CENTEX CONSTR CO, INC./Judicial APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Center/$26,087 ,000 J/9/b ASPHALT RDS & MATERIALS CO, INC/ APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 89-90 Bitumlnious Cncrte Maintnc Schedule - Contract IV/$818,260 J /9/ c ORION ASSOC, INC/Gracetown Area APPROV ED 10-0 Y Y Y Y Y Y Y Y Y A Y St Imprvmts (Underground Storm- Water Drainage System)/$589,500 APPOINTMENT: Appointed 10-0 Y Y Y Y Y Y Y Y Y A Y PUBLIC LIBRARY BOARD R. Patrick Deans Unexpired thru 8/31/91 L/ Mayor's Committee On Reapportion- ment: Judge Hodges unable to serve/Thomas Barton appointed (one appt pending confirmation) K CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 DATE: J un e 4, 1990 F I M B PAGE: Three E S C E S N C H C R P E B T H E L N A P S A B R 0 N A M D R E S L A E B L N 0 0 K R 0 AGENDA K U S E E A S R E R M ITEM II SUBJECT MOTION TO I PASSED 0 M S R Y N S F R Y S MI Sandbridge properties: assessmts City Mgr to I B Y C 0 N C E N S U S ADD ON vs value and marketabi I ity provide map and City Assessor I to provide data MI Extension of South Independence City Mgr to I B Y C 0 N C E N S U S ADD ON Blvd into Salem Vii lage prepare map for City Co un c I I and meet with Bonnie Roof of Rainbow Drive Mil INTERIM FINANCIAL STATEMENTS GII es G. Dodd, July 1, 1989 - Apri I 30, 1990 Asst City Mgr for Admin N ADJOURNMENT: 4:50 PM