JUNE 4, 1996 MINUTES
c3f -vil-14ir-ii"
"WORLD'S LARGEST RESORT CITY"
(@l'i y
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Borough
ROBERT K. DEAN, Princess Anne Borough
W. W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
2@l CITY tIA1.1. BUII@t)@(@
CITY COUNCIL AGENDA M Nictl@Al, (:I.NTPR
JAMES K. SPORE, City Manager k@IRCiINIABEA(:Il ViR@;INIA2"@l, 'I'll"
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC/AAE, City Clerk JUNE 4, 1996
I. CITY MANAGERIS BRIEFINGS - Conference Room 10:00 AN
A. LIGHT RAIL
Jayne B. Whitney, Director/Project Manager
Tidewater Regional Transit
B. HURRICANE PROTECTION
Carl A. Thoren, Beach Management Engineer, Public Works
C. BORROW PITS/FISH PONDS
Vanessa T. Valldejuli, Assistant City Attorney
Jerald D. Banagan, Real Estate Assessor
Charles G. Hassen, Administrator, Development Services Center
II. AGENDA REVIEW SESSION
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
III. INFORMAL SESSION - Conference Room - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Randy Orwig
Tidewater United Church of Christ
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS - May 28, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. RESOLUTION/ORDINANCES
1. Resolution to provide for the issuance and sale of $58,000,000
General Obligation Public Improvement Bonds, Series of 1996,
of the City of Virginia Beach, heretofore authorized, and
providing for the form, details and payment thereof.
2. Ordinance to APPROPRIATE $430,522 in the FY 1996-1997
Operating Budget for the City's share of costs for the
Ninth Street Parking Garage.
3. Ordinances to TRANSFER appropriations between classifications
within the Virginia Beach School Operating Fund:
a. FY 1995-1996
From: Instruction $305,000
Administration 641,000
Pupil Transportation 992,000
To: Operations & 1,938,000
Maintenance
b. FY 1996-1997
From: Instruction $864,571
Pupil Transportation 878
To: Administration, 539,163
Attendance & Health
Operations & 326,286
Maintenance
4. Ordinance to TRANSFER $127,762 from the FY 1994-1995
Comprehensive Services Act (CSA) Grant to the FY 1995-1996 CSA
Grant re sufficient appropriation authority to meet existing
commitments for services to troubled youth and their families
through the Virginia Beach Court Services Unit.
5. Ordinance to authorize a temporary encroachment into a portion
of the fifteen-foot (15') maintenance easement adjacent to
2537 Pamlico Loop to Anthony L. and Barbara L. Asaro re
installation of an inground swimming pool and concrete deck
(PRINCESS ANNE BOROUGH).
6. BIRDNECK ROAD PHASE II (CIP 2-149) (PRINCESS ANNE BOROUGH):
Resolution re location and design features as presented
at the 6 March 1996 Public Hearing; and, as modified by
the 'Design Public Hearing Issues and Recommendations".
b. Ordinance to authorize acquisition of property in fee
simple for right-of-way as shown on the plans entitled
"Birdneck Road from: General Booth Boulevard to:
Southern Boulevard", including temporary and permanent
easements, either by agreement or condemnation.
C. Ordinance to establish the Birdneck Road right-of-way
between General Booth Boulevard and Norfolk
Avenue/Southern Boulevard as an underground utility
corridor; and, authorize the City Manager to execute an
Agreement with the Virginia Department of Transportation
(VDOT) and the Utility Owners for the necessary utility
relocations.
7. Ordinance to authorize advance acquisition of property in
fee simple for right-of -way for First Colonial Road
Phase III (CIP 2-833), Parcel 044, shown on the Location Map
entitled, "Calilung and Casta Property", by agreement
(LYNNHAVEN BOROUGH).
B. Ordinance to authorize tax refunds in the amount of $4,936.41.
J. APPOINTMENTS
EROSION COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION - (HRPDC)
SOCIAL SERVICES BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION - (TTDC)
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
05/30/%CMD
AGENDA\06\04\96XI'M
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 4, 1996
Vice Mayor William D. Sessoms, Jr. called to order the CITY MANAGER'S BRIEFINGS for the
VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 4,
1996, at 10:00 A.M.
Council members Present:
Linwood O. Branch, III, Robert K Dean, Barbara M. Henley, Louis P,
Jones, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf [ENTERED: 12 NOON - -
RADIATION THERAPY]
John A. Baum [ENTERED: 10:48 A.M. -
DENTIST APPOINTMENT]
William W Harrison, Jr. [OUT OF CITY, BRINGING
SON HOME FROM SCHOOL]
Harold Heischober [ILL WITH PNEUMONIA]
Louisa M. Strayhorn [ENTERED: 10:23 P.M. -
TRAFFIC ACCIDENT]
- 2 -
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
10:00 AM.
ITEM # 40832
Vice Mayor Sessoms recognized former Vice Mayor Robert Fentress, Member of the Tidewater
Trillion District Commission. Jane Whitney, Director/Project Manager - Tidewater Regional
Transit, presented the results of the Norfolk-Virginia Beach Corridor Major Investment Study. The
Major Investment Study process examines transportation alternatives in specific corridors, selects a variety
of alternatives and then examines costs and ridership figures. The purpose of the Norfolk-Virginia Beach
Corridor Major Investment Study (MIS) was to determine the feasibility of implementing various
transportation alternatives including passenger rail service in the Corridor. Detailed evaluation of the
improvements has focused on the Route 44/I-264 Corridor between downtown Norfolk and the Virginia
Beach Pavilion. On May 8, 1996, the Tidewater Transportation District Commission selected the Light
Rail Alternative from the four alternatives:
Do Nothing
Congestion Management System
Enhanced Bus System
Light Rail Transit
Mrs. Whitney referenced the information distributed to City Council and briefly discussed the public
participation process. One of the important factors in a major investment study is disseminating
information to the public and have them very actively involved in a decision making process. The mailing
list of TRT was comprised of approximately 4,000 names. A two-page summary of the public
participation effort is hereby made a part of the record. Approximately 120 groups received presentations.
Mrs. Whitney has appeared on television and radio programs. The Project Hotline: (804) 461-OMIS
(461-0647) has received numerous inquiries.
Mrs. Whitney noted Resolutions of Support for the Light Rail Transit from the following organizations:
Tidewater Transportation District Commission
The Major Inveshnent Study Steering and Advisory Committees
The Hampton Roads Chamber of Commerce
The Resort Area Advisory Commission
The Downtown Norfolk Council
Virginia Beach Vision Board of Directors
TTDC Paratransit Committee
The Hampton Roads Public Transportation Alliance
Norfolk State University
Tidewater Community College
Greater NorfoLk Corporation
Central Business District Association (CBDA)
Sierra Club/Chesapeake Bay Group
Mrs. Whitney presented a video entitled "The Future of Transportation". The population of Hampton
Roads will grow by 30% in less than 20 years, which means more people on the roadways. By the year
2015, nearly every major road in Hampton Roads will be at, or over, capacity. The number of cars on
Route 44 is projected to grow by 87%. Concerning the Light Rail Transit Alternative, the proposed
station sites between Downtown Norfolk and the Pavilion would be Plume Street, Government Center,
Harbor Park, Norfolk State University, Riverside, Newtown Road, Virginia Beach CBD (Pembroke),
Princess Anne Plaza, Lynnhaven Road, Great Neck Road, First Colonial Road, Birdneck Road and the
Pavilion.
Mr. Dennis Probst, AIA, Vice President - BRW Inc., with the utilization of slides, advised presentations
have been made relative the Light Rail Transit and the potential connection to the Naval Base is the
likely next segment with other potential expansions on the south side. The potential exists in the future
to be able to travel by rail all the way from the Beach to Williamsburg. Slides depicted a light rail station
in downtown Portland, Oregon. Similar types of stations are anticipated in the Norfolk/Virginia Beach
area. Because of the location of the Norfolk-Southern Rail Corridor, this is a project with economic
opportunity.
June 4, 1996
- 3 -
CITY MANAGER'S BRIEFINGS
L I G H T R A I L
ITEM # 40832 (Continued)
The rail project is about rail and bus. The rail system success will be dependent on the success of the bus
system. Grade crossings are being examined at most locations. Grade separations are proposed at three
locations: tww crossing at Norfolk/Southern mainlines and at Independence Boulevard. Mr. Probst
displayed the table comparing the 2015 Ridership Forecast for the Bus and LRT ALTERNATIVES.
DAILY BOARDINGS BUS BUS-LRT
DOWNTOWN NORFOLK -
PIRGINL4 BF,4CH PAT,7L[ON
Bus Boardings 33,500 - 39,800 42,900 - 51,100
LRT Boardings 0 13,000 - 15,500
LToLtal Boardings 33,500 - 39,800 55,900 - 66,600
2015 SYSTEM COST ESTIAL4TES
COST BUS BUS-LRT
DOWNTOWN NORFOLK
1,7RGINL4 BEACH PAI,7L[ON
Annual Operating $ 27,500,000
Bus $29,800,000 11,500,000
LRT $ 39,000,000
Capital $84,700,000 $ 376,500,000
I
These estimates of cost of operation and maintenance do not include revenues from fares which are
expected to cover approximately 50 percent of the operating cost of the LRT System.
PROJECT COST COMPARISONS
I-264 HOV Lanes (in the median) $ 45 -MILLION
Monitor-Merimac Bridge Tunnel $400-MILIION
I-664 from Hampton Coliseum $ 1-BILLION
to I-264 in Chesapeake:
Berkley BridgelDowntown Tunnel: $350-MILLION
Expansion of Route 44/I-264:
Cost plus to reconstruct with
additional lanes $ 1 -BILLION
Property and Relocation Costs $158.4-MILLION
Cost to Double-Deck $ 2-BILLION +
Capacity Comparison
Highway Lane - 2,OOO vehicles/hour
LRT
Opening Day Capacity Equals One Traffic Lane in Each
Direction (2-car trains w/10 minute service during peak hour).
With increased Vehicles/Frequencies Capacity Equals 3+
Traffic Lanes in Each Direction (A six to eight lane facility)
June 4, 1996
- 4 -
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
ITEM # 40832 (Continued)
New economic benefits to the region will only accrue to an investment in a ftxed facility, which given the
four alternatives evaluated, is limited to the LRT alternative. Fxperiences from other properties around
the country have been used to provide estimates of effects as well as validation of these results.
Revenue/Benefit Total
Payroll Increases $ 88,157,000
RWH Sales Increase $ 56,451,000
Property Value Increase $ 245,749,000
Gross Business Receipts $ 303,407,000
Convention Expengfftures $ 5,865,000
Jobs 3,932
As the sponsoring agency for the Norfolk-Virginia Beach Corridor Major Investment Study, the
Tidewater Transportation District Commission is responsible for selection of the Locally Preferred
Alternative (LPA). That selection must be endorsed by the MPO and then authorization from the Federal
Transit Administration (FTA), as a part of the US. Department of Transportation is required to proceed
to subsequent phases utilizing Federal Funds.
Ihe schedule to implement the most aggressive alternative -- the LRT option -- was depicted in the
slides. The average timeline for these projects around the country is five to eight years from the selection
of the Locally Preferred Alternative. The proposal calls for a 25% increase in bus service, in addition
to the rail service and there will need to be a dedicated funding source for transit identified in the region.
June 4, 1996
- 5 -
CITY MANAGER'S BRIEFINGS
HURRICANE PROTECTION
ITEM # 40833
11:27 A.M.
Carl A. Thoren, Beach Management Engineer, advised the Beach Erosion Control and Hurricane
Protection Project first appeared in the FY 1974- 75 CIP at an estimated total initial construction cost
of $102,825,000, including planning, engineering and design costs. The City's initial share is estimated
to be thirty-five percent, or $36,541,703.
On January 2, 1996, City Council ADOPTED a Resolution re authorizing the City Manager to advise the
Corps of Engineers of the City's willingness to enter into a Project Cooperation Agreement for the
Virginia Beach Erosion Control and Hurricane Protection Project.
The City is presently targeted this Fall for the beginning of construction. There is a major problem facing
the City. Approximately one year ago, the Administration decided they did not wish to fund this type of
Shoreline protection project. Therefore, funds for the Hurricane Protection Project were not included in
the present fiscal budget prepared by the Administration. However, the City was able to prevail upon their
United States Congressional Delegation and funds were added to &he Federal Budget for the current fiscal
year. These funds were very important, as they were "new start construction monies". However, the
budget submitted by the President for the upcoming Fiscal Year 1997 contains no funds for this project.
The Corps of Engineers, Norfolk District, had requested $11.5 - MILLION as their share for FY 1997, and
this has been cut. As of July 1, 1996, there will be approximately $10.5 - MILLION of City funds available
in the CIP. Current estimates indicate this amount is sufficient to fund the City's share of the planning,
engineering and design work which has been completed, as well as the entire Phase I construction cost.
The City Staff is recommending the City sign the PCA (Project Cooperation Agreement) now and
authorize the City Manager to advance the full amount required to construct the first phase of the project
from Rudee Inlet to Eighth Street. If Congress appropriates funds in future fiscal years, the funds
expended would be credited to the City's total share of the project (Rudee Inlet to 89th Street). If
Congress does not appropriate federal funds in future years, the City would be positioned to finish the
project at a significantly reduced scope (stop at 40th Street), within the amount currently programmed
in the CIP.
If the City did decide to go forward with the first phase, the City would have to bill the Corps of
Engineers $6.5 to $8.5-MILLION. This would include a new seawall and boardwalk but not pumped
storm drainage, which is apart of the Federal project. The annual beach nourishment would continue,
and the City is working on extending this project until the Hurricane Protection Project is completed. So,
hopefully, the City would continue to receive the Corps'65% share of the annual beach nourishing project
under a separate authority.
BY CONSENSUS a Resolution will be SCHEDULED for the City Council Session of June 11, 1996,
authorizing the City Manager to execute the PCA and advance the full amount necessary to construct
Phase I if Congress fails to appropriate the Federal share in a timely manner.
June 4, 1996
- 6 -
CITY MA NA GE R'S BRIE FINGS
BORROW P17'SIFISH PONDS
11:55 A.M.
ITEM # 40834
Assistant City Attorney Vanessa Validejuli advised an Ad Hoc Committee relative Borrow PitsIFish Pbndy
was formulated on April 2, 1996. These Committee Members included.- Councilman John Baum, Arthur
Shaw (Public Works), Jerald Banagan (Real Estate Assessor), Charles Hassen (Department of Planning)
and herself Vanessa Valldejuli. City Attorney Valldejuli referenced the Special Report on Borrow Pits,
Stormwater Management Facilities and FarmIFish Ponds and the series of proposed Ordinances, which
were distributed to City Council and are hereby made a part of the record. The Committee concentrated
on roadway safety, unusual damage to roadways due to hauling activities, agricultural and stormwater
management facility excavations and fees and taxes associated with borrow pits.
Charles Hassen, Administrator - Development Services Center, advised the Committee offers thefollowing
recommendations based on (1) citizen input (2) the fair treatment of the borrow pit industry, and (3) a
need for added protection of the roadways and the public using the City's roadways. 7he Ad Hoc
Committee identifled sir issues associated with excavation related activities:
The removal and sale of material from storntwater nwnagement
facilities.
The maximum size of an excavation exempt under the borrow pit
regulations.
Fees associated with the inspection of borrow pits and stormwater
management facilities.
Coordination and monitoring of agricultural excavations
Traffic safety and damage to public roads.
Real Estate tax assessment
City Staff posted Colechester Road for ninety (90) days to a reduced load level of eight (8) tons while the
road was evaluated and repaired. The Ad Hoc Committee, in addressing the aforementioned issues,
recommended amendments to City Code Chapters 30 and 33, City Zoning Ordinance, Site Plan
Ordinance and Subdivision Regulations.
Additional wording in Section 111(a) of the CZO and Section 30-16(l) of Chapter 30 is recommended
to specifically prohibit the over-excavation of stormwater management facilities. Should the
owner/developer wish to over-excavate, a conditional use permit for a borrow pit would be required. If
an owner/developer over-excavated and removed material fiom the site without approved plans, the
project would be stopped until he/she obtains approval for a borrow pit conditional use permit. Amended
wording in Section 111(b) of the CZO and Section 30-16(2) of Chapter 30 is recommended to decrease
the surface area exemption to 114-acre and increase the excavated volume of material allowed for
removal by establishing a limit of 12 feet of excavated depth. Since the City no longer issues permits for
or a&ninisters the State mineral mining laws, the permitting and inspection fees would be adjusted
accordingly based on services provided. Amendments are recommended for Chapter 30 to bring fees in
fine with the cost of services. It is recommended a plan be prepared by the property owners showing the
location, dimensions and depth of all agricultural related excavations. This plan must be submitted to the
Director of Agriculture for review. This will give Mr. Cullipher and his staff the opportunity to assist the
property owner with design and other needed information, while maintaining a record of proposed land
disturbance activities for answering future citizen inquires. This review will provide the property owner
with information on required permits based on the size of the excavation and the amount of material the
owner desires to remove from the site. New wording in Chapter 30-1(b) is provided to accomplish these
results. Section 33-19 of Chapter 33 is recommended to require a right-of-way permit fee for certain
hauling operations and provide staff with the needed information to properly evaluate a permit request.
The new permit is required for any hauling operation moving more than 337 cubic yards (500 tons) of
excavated material from an excavation site.
June 4, 1996
- 7 -
CITY MA NA GER'S BRIE FINGS
BORROW PI7'SIFISH PONDS
ITEM # 40834 (Continued)
The seventeen (17) Items Listed in Section 33-19(b) are considered essential in determining whether the
permit should be granted. Section 33-19(c) requires that the staff determine the impact on the condition
of the road, evaluate the affect on safe public travel and evaluate the impact of noise and dust on nearby
neighborhoods. Hauling activities associated with borrow pits and stormwater management facilities
(approved during site plan or subdivision review) are exempt from this right-of-way hauling permit.
Borrow pits are exempt from the hauling permit review process because they will undergo a thorough
review during the conditional use permit and excavation permit process. Stormwater management
facilities will also receive an in depth review during site plan and subdivision construction plan review
process.
The following new wording to several City Code sections is recommended to increase the information
provided for staffs review of hauling activities linked to either borrow pits or stormwater management
facilities.
Excavation permit review - Chapter 30, Section 30-37 (13), (24), (16)
and (17)
Conditional Use Permit - CZO, Section 227.(a(6)(7) and (8)
Stormwater Management Facilities - Subdivision Regulations, Sections
7.1(b) and 7.8
Stormwater Management Facilities - Site Plan Ordinance, Section 4.C.
There are no changes recommended for the issue of Real Estate Tax Assessment.
The amendments to Chapter 30 and Chapter 33 of the City Code are recommended for immediate action
by City Council on June 11, 1996. e proposed amendments to the City Zoning Ordinance, Site plan
Ordinance and Subdivision Regulations are recommended for referral to the Planning Commission for
their July Public Hearing.
June 4, 1996
- 8 -
AGENDA REVIEW SESSION
12:45 PM.
ITEM # 40835
Councilman Dean referenced.-
I.2 Ordinance to APPROPRIATE $430,522 in the FY]996-1997
Operating Budget for the City's share of costs for the
Ninth Street Parking Garage.
Councilman Dean expressed concern relative the $130,552 estimated revenue from parking income which
was depicted in the Agenda Request Form.
The City Manager will advise.
ITEM # 40836
Councilman Baum requested a Briefing relative the adjustments of the Schools concerning:
L3. Ordinances to TRANSFER appropriations between
classifications within the Virginia Beach School Operating
Fund:
1. FY 1995-1996
From: Instruction $305,000
Administration 641,000
Pupil Transportation 992,000
To: Operations & 1,938,000
Maintenance
2. FY 1996-1997
From: Instruction $864,571
Pupil Transportation 878
To: A&ninistration, 539,163
Attendance & Health
Operations & 326,286
Maintenance
Dr. Donald Peccia will be in attendance to provide information to City CounciL
ITEM # 40837
City Council will discuss during the Formal Session:
L5. Ordinance to authorize a temporary encroachment into a
portion of the fifteen-foot (15) maintenance easement adjacent
to 2537 Pamlico Loop to Anthony L. and Barbara L. Asaro re
installation of an inground swimming pool and concrete deck
(PRINCESS ANNE BOROUGH).
June 4, 1996
- 9 -
AGENDA REVIEW SESSION
ITEM # 40838
BY CONSENSUS the following items shall compose the CONSENT AGENDA:
RESOLUTIONS/ORDINANCES
I.1 Resolution to provide for the issuance and sale of $58,000,000
General Obligation Public Improvement Bonds, Series of 1996,
of the City of Virginia Beach heretofore authorized and
providing for the form, details and payment thereof.
L2 Ordinance to APPROPRIATE $430,522 in the FY 1996-1997
Operating Budget for the City's share of costs for the
Ninth Street Parking Garage.
L4. Ordinance to TRANSFER $127,762 from the FY 1994-1995
Comprehensive Services Act (CSA Grant to the FY 1995 -1996
CSA Grant re sufficient appropriation authority to meet existing
commitments for services to troubled youth and their families
through the Virginia Beach Court Services Unit.
L6 BIRDNECK ROAD PHASE II (CIP 2-149) (PRINCESS ANNE
BOROUGH):
a. Resolution re location and design features as presented at the
6 March 1996 Public Hearing; and as modified by the 'Design
Public Hearing Issues and Recommendations".
b. Ordinance to authorize acquisition of property in fee simple for
right-of-way as shown on the plans entitled 'Birdneck Road
from: General Booth Boulevard to: Southern Boulevard",
including temporary and permanent easements, either by
agreement or condemnation.
C. Ordinance to establish the Birdneck Road right-of-way
between General Booth Boulevard and Norfolk AvenuelSouthern
Boulevard as an underground utility corridor; an4 authorl-e
the City Manager to execute an Agreement with the Virginia
Department of Transportation (VDOT) and the Utility Owners
for the necessary utility relocations.
I 7 Ordinance to authorize advance acquisition of property in
fee simple for right-of-way for First Colonial Road
Phase III (CIP 2-833), Parcel 044, shown on the Location
Map entitled, "Calilung and Casta Property", by agreement
(LYNNIL4VEN BOROUGH).
L8 Ordinance to authorize tax refunds in the amount of $4,936.41.
June 4, 1996
- 10 -
CITY COUNCIL CONCERNS
12:47 P.M.
ITEM # 40839
Council Lady Parker referenced the students from Cape Henry Collegiate and Cox High School received
world-wide recognition in the 'Odyssey of the Mind" Competition. There were 975 teams from 22
countries represented Resolutions in recognition will be presented during the City Council Session ofjune
11,1996.
Every Spring at Ocean Lakes High School teachers from all over the State present difficult problem to
students.
ITEM # 40840
Councilman Dean referenced correspondence to the City Clerk inviting Ocean Lake High School Students
for special recognition at the City Council Session of June 11, 1996. The first-ever rocket built by
students has been successful by Ocean Lakes High School and the inaugural launch was Thursday, May
30, 1996. This was an exciting project between NA&4 and the Ocean Lakes High School Students.
ITEM # 40841
Mayor Oberndorf referenced phone call from Jennifer L. Hodge, owner of the potbellied pig under
discussion at the City Council Session of May 28, 1996. Mrs. Hodge had requested an unbiased mediator
be appointed by the Mayor. She was under the impression the Mayor had requested the Planning
Commission and Louis Cullipher respond relative potbellied pigs in residential areas.
The City Attorney advised he had stated the City was intending to pursue the removal of the pig fi-om the
home, and the prosecution of the charges. The discussion which took place was not going to affect this
litigation. City Council has not given the City Attorney's office specific direction relative the Ordinances
re potbellied pigs.
The City Council will "END the Minutes during the Formal Session, to delete the sentence: "Mayor
Oberndorf requested the Director ofagriculture, Louis Cullipher, respond to concerns relative Potbellied
Pigs and their being allowed in residential areas. "No formal direction was given relative the Ordinances.
June 4, 1996
- 11 -
ITEM # 40842
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 4, 1996, at 12:58 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Barbara M.
Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker,
Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr
Council Members Absent.
William W. Harrison, Jr. and Harold Heischober
June 4, 1996
- 12 -
ITEM # 40843
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 21-344, Code of Virginia, as amended for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit., Appoinhnents - Boards and Commissions:
Erosion Commission
Hampton Roads Planning District Commission
Social Services Board
Tidewater Transportation District Commission
Performance of Appointed Officials
LEGAL MATTERS.- Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To - Wit: Ferry Farm
Lake Gaston Water Supply Project
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Barbara M.
Henley, Louis P, Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn.
Council Members Voting Nay:
None
Council Meinbers Absent.-
William W Harrison, Jr. and Harold Heischober
June 4, 1996
- 13 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
June 4, 1996
2:00 PM.
Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, June 4, 1996, at 2:00 P.M.
Council Meinbers Present.
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker,
Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn.
Council Members Absent.-
William W. Harrison, Jr. [OUT OF CITY BRINGING
SON HOME FROM SCHOOL]
Harold Heischober [ILL WITH PNEUMONIA]
INVOC4TION. Reverend Randy Orwig
Tidewater United Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
June 4, 1996
- 14 -
Item IV-F-
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 40844
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
kirginia Beach City CounciL
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Robert K Dean, Louis R. Jones,
Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor Mlliam D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Votzng Nay:
None
Council Meinbers Absent:
William W Harrison, Jr. and Harold Heischober
June 4, 1996
ittool,tt4l,
Resolution
CERITFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40843 Page No. 12 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE Yr 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.
Rt(th Hodges Smvith, CMC/AAE
City Clerk June 4, 1996
- 15 -
Item rV-F. I.
MINUTES ITEM # 40845
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED,
AS AMENDED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 28, 1996.
ITEM # 40828, Page 47
The following sentence shall be deleted:
'Mayor Oberndorf requested the Director of agriculture, Louis Cullipher,
respond to concerns relative Potbellied Pigs and their being allowed in
residential areas.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck 111, Robert K Dean, Louis R. Jones,
Barbara M. Henley, Mayor Meyera E. Oberndopf Nancy K Parker, Vice
Mayor William D. Sessona, Jr. and Louisa M. .5trayhorn
Council Members Voting Nay:
Non e
Council Members Absent.-
William W Harrison, Jr. and Harold Heischober
June 4, 1996
- 16 -
Item IY- G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 40846
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 4, 1996
- 17 -
Item rV-L
CONSENT AGENDA
RESOLUTIONS/ORDINANCES ITEM # 40847
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED in one
motion Resolution 1 and Ordinances 2, 4, 6, 7, and 8 of the CONSENT AGENDA.
Item I.3 and 5 were pulled for discussion.
Voting: 9-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branc,% III, Robert K Dean, Barbara M
Henley, Louis R Jones, Mayor Meyera E. Oberndorf Nancy K Parker,
Vice Mayor William D. Sessonts, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absen
William W Harrison, Jr. and Harold Heischober
Vice Mayor Sessoms ABSTAINED on Item L2 as Central Fidelity Bank does business with one of the
Landowners.
Council Lady Parker ABSTAINED on Item L2 as the applicant is one of the clients of Council Lady
Parker and her husbani4 owners of Parkers Pools.
June 4, 1996
May 17, 1996
IJFF CE OF THE C:@ MANAGER MUNIC PAL CENTER
(804) 42- 4242 VIRGIN A BEACH V RC NIA 23456 9001
FA (604) 427 4135
Honorable Mayor
Members of Council
Dear Council Members.
As anticipated, funding requirements to support the ongoing Capital Improvement Program
necessitate the need for a general obligation bond sale in the amount of $58 million. This sale is
to provide funding for projects previously approved by City Council as shown on the attached list
of projects. The unsold portions of the 1993, 1994 and 1995 Charter Bonds authorizations make
up the $58 million. The majority of the $58 million will be to reimburse the city for expenditures
already made, City Council will be asked to authorize the sale on June 4th, with the competitive
bids opened by myself or Mrs. Phillips on June 11th at 11:00 a.m. A presentation of the results
will be provided to City Council.
This sale represents the city's annual general obligation bond sale If you have any questions,
please give me or Mrs. Phillips a call.
Sincerely,
Ja
C@s K Spore
anager
JKSIPAP/RND/ssh
Attachments
Letter of April 30, 1996 from Patricia Phillips
Project Listing
p.twrich We .1 g. b..d.,
Memorandum
Date: May 17, 1996
To: James K. Spore, City Manager
From: Patricia A. Phillips, Director of Finance
Subj: June 1996 Bond Issue
Based on a review of capital project expenditures and CIP needs for FY1996-
97, I recommend that we begin immediate preparation for a bond sale of $58 million
to be issued in June. I have consulted with the City's Financial Advisors on a
proposed structure that takes into consideration the FY97 debt service budget. The
structure is as follows:
Long First Coupon
The first principal and interest payment will be made February 1, 1997, eight
months after the date of the bonds. As a result, there will be only one
principal and interest payment in FY96-97, at an estimated total of S4.9
million. Subsequent years debt service would be paid every six months and
would be the exact amount that would be paid otherwise.
Interest Savings
The proposed structure would save $1 million in interest costs over the 20 vear
term, all in the first year, 1996-97. This is due to the rapidity of principal
retirement.
Sizing of the Issue
Several factors are involved in determining the issue size. In relation to CIP
projects, present cash needs and projected cash flow are major considerations.
For example, approximately $80 million was spent on capital projects in 1994-
95; an estimated $60 - 70 million will be spent in 1995-96. In addition, IRS
regulations and reimbursement rules must be adhered to as well as
James K. Spore May 17,1996 Page 2
consideration to market conditions and external factors affecting the market.
Of course, the city's ability to repay the debt is also a factor.
I I
Had the city employed a "plain vanilla' structure, i.e., the first interest
payment in six months and principal annually, the issue could not have
exceeded $51 million based on budget limitations. However, the proposed
structure enables the City to issue $58 million thereby better meeting the
demands of the CIP. As the table below indicates a significant portion of this
issue is for reimbursement of previous expenditures. However, the sizing of the
issue will provide some cash for next Fiscal vear
@REMW Bond
Total ondkures Pr@s Bond adon Propored
Fund Athorization (April15 IM) sale to Du% ]Bond@Sale
1993 Charter $ 40,200,000 $ 38,137,404 $ 28,250,000 $ 11,950,000 $ 11,950,000
1994 Charter 54,800,000 33,750,013 16,250,000 38,550,000 25,050,000
1995 Charter 51,100,000 10,512,725 - 51,100,000 15,000,000
1994 Road Bonds 8,000,000 6,007,191 2,000,000 6,000,000 6,000,000
1995 Stormwater 2,243,500 369,654 2,243,500 -
TOTALS
The bonds would be sold competitively and would permit original issue
discount, a standard marl-eting technique. City Council will be presented with a
bond package, including a resolution to authorize the sale, the first week of June.
The sale date is planned for June II, 1 996. After the sale a presentation on the
results will be provided to Council.
Please advise if this activity meets with your schedule.
PAP/pal
cc: Leslie Lilley
E. Dean Block
Larry Spencer
Hunton &-Williams
Chester Johnson, GFA
F:\t @SERINIL@,l Et !NE\CC.C@96BOND@.Ll
CITY OF VIRGINIA BEACH, VIRGINIA
$58,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS
SERIES OF 1996
1993
Charter 1994 Road 1994 Charter 1995 Charter
Bonds Authority Bonds Bonds Total
Schools:
1006 Various Sites $ 1,308,750 $ 400,183 $ 1,708,933
1057 Various Additions 9,444,984 7,000,000 16,444,984
1021 Corporate Landing M.S. 1997 500,000 $ 864,855 1,364,855
1074 Renovation/replacement - 300,000 1,000,000 1,300,000
various
1083 Renovation/replacement- 1,762,700 305,000 2,067,700
reroof
1084 Renovation/replacement- 5,000,000 5,000,000
HVAC
1199 Princess Anne H.S.- 500,000 500,000
repair/expand
1047 Christopher Farms E.S. 1997 350,000 350,000
1064 Relocation - Linkhorn Park & 378,028 378,028
Seatack
1076 First Colonial H.S. Additions 1,400,000 1,400,000
1077 Kellam H.S. Additions 2,950,000 2,950,000
Economic & Tourism Dev.
Pro@ects:
2198 Burton Station 1,000,000 1,000,000
3002 Marine Science Museum 71,266 71710,617 7,752,117 15,534,000
Building Pro*ects:
3024 Va. Beach Juvenile Detention
Ctr. 125,000 125,000
3016 Dredge Operations Relocation 394,500 394,500
Parks & Recre
4962 Seatack Community Ctr. 1,482,000 1,482,000
Road Authorit3L.
2089 Southeast Expressway $ 365,720 365,720
2218 Harbour Pt. Rd. 504,840 504,840
2930 Salem Rd. 81,597 81,597
2049 Resort Street scape 2,261,777 2,261,777
2132 London Bridge Rd. 621,224 621,224
2269 Princess Anne Rd- Access 178,825 178,825
2273 Landstown Rd. Phase I 19 86@O 1 7 19 86@O 1 7
TOTALS $11,950,000 $ 6,000,000 $25,050TOOO $15,000,000 $58,000,000
@USER@PL JEUNE@RICH@19%@M3 WPD
- 18 -
Item IV-L I.
CONSENT AGENDA
RESOLUTIONS/ORDINANCES ITEM # 40848
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED.'
Resolution to provide for the issuance and sale of $58,000,000 General
Obligation Public Improvement Bonds, Series of 1996, of the City of
Virginia Beach; heretofore authorized, and providing for the form, details
and payment thereof.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Bawn, Linwood 0. Brancl; III, Robert K Dean, Barbara M.
Henley, Louis R Jones, Mayor Meyera E Oberndorf, Nancy K Parker,
;rice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Mepnbers Voting Nay:
None
Council Members Absent:
;Wiliam W. Harrison, Jr. and Harold Heischober
June 4, 1996
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$58,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, SERIES OF 1996, OF THE CITY OF VIRGINIA
BRACK, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVID-
ING FOR THE FORM, DETAILS AND PAYMENT THEREOF
WHEREAS, the issuance of $40,200,000 of bonds of the City of
Virginia Beach, Virginia (the "City") , was authorized by an
ordinance adopted by the Council of the City (the "City Council")
on November 23, 1993, without being submitted to the qualified
voters of the City, for the purposes and in the amounts shown
below, $28,250,000 of which bonds have been issued and sold:
School projects, including planning, design, $31,783,734
site acquisition, construction, renovation,
expansion, equipping, and furnishing of
schools and related facilities
Road projects, including design, planning 820,000
site acquisition, construction, improvements,
and landscaping of roadways and bridges
Economic and Tourism projects, including 2,500,000
design, Bite acquisition, planning,
expansion, construction, improvements, and
landscaping of property and capital
improvements
Virginia Marine Science Museum Expansion 4,971,266
project, including planning, design,
construction, renovation, expansion, equipping,
and furnishing of the Virginia Marine Science
Museum expansion
Building projects, including planning, design 125,000
site acquisition, construction, renovation, expansion,
equipping, and furnishing of city and related
facilities including a juvenile detention center
TOTAL $40,200,000; and
WHEREAS, the issuance of $48,818,000 of bonds of the City was
authorized by an ordinance adopted by the City Council on May 10,
1994, without being submitted to the qualified voters of the City,
for the purposes and in the amounts shown below, $15,750,000 of
which bonds have been issued and sold:
School projects, including planning, design, $23,034,579
site acquisition, construction, renovation,
expansion, equipping, and furnishing of
Bchoole and related facilities
Road projects, including design, planning 11,142,295
site acquisition, construction, improvements,
and landscaping of roadways and bridges
Economic and Tourism projects, including 1,086,009
design, site acquisition, planning,
expansion, construction, improvements, and
landscaping of property and capital
improvements
Virginia Marine Science Museum Expansion 11,910,617
project, including planning, design,
construction, renovation, expansion, equipping,
and furnishing of the Virginia Marine Science
Museum expansion
Building projects, including planning, design, 1,644,500
site acquisition, construction, renovation,
expansion, equipping, and furnishing of
city and related facilities
TOTAL $48,818,000; and
WHEREAS, the issuance of $1,982,000 of bonds of the City was
authorized by an ordinance adopted by the City Council on June 14,
1994, without being submitted to the qualified voters of the City,
to finance the expansion of the Seatack Community Center, $500,000
of which bonds have been issued and sold; and
WHEREAS, the issuance of $4,000,000 of bonds of the City was
authorized by an ordinance adopted by the City Council on November
22, 1994, without being submitted to the qualified voters of the
City, to finance expansion of the Marine science museum, none of
which bonds have been issued and sold; and
WHEREAS, the issuance of $8,000,000 of bonds of the City was
authorized by an ordinance adopted by the City Council on May 10,
1994, without being submitted to the qualified voters of the City,
to finance road, highway and bridge improvements, $2,000,000 of
which bonds have been issued and sold; and
WHEREAS, the issuance of $51,100,000 of bonds of the City was
authorized by an ordinance adopted by the City Council on May 9,
1995, without being submitted to the qualified voters of the City,
to finance various public improvements, including schools,
roadways, economic and tourism and building projects, none of which
bonds have been issued and sold; and
WHEREAS, the City Council has determined it is in the City's
best interest to issue and sell $11,950,000 of the bonds authorized
in 1993 for various public improvements, $19,568,000 of bonds
authorized on May 10, 1994, for various public improvements,
$1,482,000 of the bonds authorized on June 14, 1994, for expansion
of the Seatack Community Center, $4,000,000 of the bonds authorized
on November 22, 1994, for expansion of the Marine Science Museum,
$6,000,000 of the bonds authorized for road, highway and bridge
improvements and $15,000,000 of the bonds authorized in 1995 for
various public improvements; and
WHEREAS, it has been recommended to the City Council by
representatives of Government Finance Associates, Inc. and
Government Finance Group, Inc. (the "Financial Advisors") that the
City issue and sell a single issue of public improvement bonds in
the principal amount of $58,000,000;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be issued, pursuant to
the Constitution and statutes of the Commonwealth of Virginia,
including the City Charter and the Public Finance Act of 1991,
general obligation public improvement bonds of the City in the
principal amount of $58,000,000 (the "Bonds") to provide funds to
finance, in part, the cost of the various public, school, road and
highway improvements as more fully described in the ordinances
authorizing the Bonds adopted on November 23, 1993, May 10, 1994,
June 14, 1994, November 22, 1994, and May 9, 1995, and costs
incurred in connection with issuing the Bonds.
2. Bond Details. The Bonds shall be designated "General
Obligation Public Improvement Bonds, Series of 1996," shall be in
registered form, shall be dated June 1, 1996, shall be in denomin-
ations of $5,000 and multiples thereof and shall be numbered R-1
upward. The issuance and sale of the Bonds are authorized at an
interest cost and at a price as shall be satisfactory to the City
Manager; provided, however, that the Bonds (a) shall have a "true"
or "Canadian" interest cost not to exceed 8.5%, taking into account
any original issue discount or premium, and (b) shall be sold to
the purchaser at a price not less than 99% of the principal amount
thereof. The Bonds shall mature or be subject to mandatory sinking
fund redemptions in installments on February 1 in years and
amounts, as follows:
2
Year Amount Year Amount
1997 $2,900,000 2007 $2,900,000
1998 2,900,000 2008 2,900,000
1999 2,900,000 2009 2,900,000
2000 2,900,000 2010 2,900,000
2001 2,900,000 2011 2,900,000
2002 2,900,000 2012 2,900,000
2003 2,900,000 2013 2,900,000
2004 2,900,000 2014 2,900,000
2005 2,900,000 2015 2,900,000
2006 2,900,000 2016 2,900,000
At the time of sale, the City Manager may provide for consecutive
annual principal amounts of the Bonds to be combined into not more
than two term Bonds (the "Term Bonds").
Each Bond shall bear interest from June 1, 1996, at such rate
as shall be determined at the time of sale, calculated on the basis
of a 360-day-year and twelve 30-day-months, and payable semian-
nually on each February 1 and August 1, beginning February 1, 1997.
Principal and premium, if any, shall be payable to the registered
owners upon surrender of Bonds as they become due at the office of
the Registrar, as hereinafter defined. Interest shall be payable
by check or draft mailed to the registered owners at their
addresses as they appear on the registration books kept by the
Registrar on the fifteenth day of the month preceding each interest
payment date. Principal, premium, if any, and interest shall be
payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds
shall be issued to and registered in the name of The Depository
Trust Company, New York, New York ("DTC") , or its nominee. The
City shall enter into a Blanket Letter of Representations relating
to a book-entry system to be maintained by DTC with respect to the
Bonds. "Securities Depository" shall mean DTC or any other
securities depository for the Bonds appointed pursuant to this
Section.
In the event that (a) the Securities Depository determines not
to continue to act as the securities depository for the Bonds by
giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City in its sole discretion
determines (i) that beneficial owners of Bonds shall be able to
obtain certificated Bonds or (ii) to select a new Securities
Depository, then its chief financial officer shall, at the
direction of the City, attempt to locate another qualified
securities depository to serve as Securities Depository and
authenticate and deliver certificated Bonds to the new Securities
Depository or its nominee, or authenticate and deliver certificated
Bonds to the beneficial owners or to the Securities Depository
participants on behalf of beneficial owners substantially in the
form provided for in Section 5; provided, however, that such form
shall provide for interest on the Bonds to be payable (A) from the
date of the Bonds if they are authenticated prior to the first
interest payment date, or (B) otherwise from the interest payment
date that is or immediately precedes the date on which the Bonds
are authenticated (unless payment of interest thereon is in
default, in which case interest on such Bonds shall be payable from
the date to which interest has been paid). In delivering certif i-
cated Bonds, the chief financial officer shall be entitled to rely
on the records of the securities Depository as to the beneficial
owners or the records of the Securities Depository participants
acting on behalf of beneficial owners. Such certificated Bonds
will then be registrable, transferable and exchangeable as set
forth in Section 7.
So long as there is a Securities Depository for the Bonds (1)
it or its nominee shall be the registered owner of the Bonds, (2)
notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal,
premium, if any, and interest, transfers of ownership and exchanges
and receipt of notices shall be the responsibility of the Securi-
3
ties Depository and shall be effected pursuant to rules and
procedures established by such securities Depository, (3) the
Registrar and the City shall not be responsible or liable for
maintaining, supervising or reviewing the records maintained by the
securities Depository, its participants or persons acting through
such participants, (4) references in this Resolution to registered
owners of the Bonds shall mean such Securities Depository or its
nominee and shall not mean the beneficial owners of the Bonds, and
(5) in the event of any inconsistency between the provisions of
this Resolution and the provisions of the above-referenced Blanket
Letter of Representations such provisions of the Blanket Letter of
Representations, except to the extent set forth in this paragraph
and the next preceding paragraph, shall control.
3. Redemption Provisions. Bonds maturing on or before
February 1, 2006, are not subject to redemption prior to maturity.
Bonds maturing on or after February 1, 2007, are subject to redemp-
tion prior to maturity at the option of the City on or after
February 1, 2006, in whole or in part at any time, upon payment of
the following redemption prices (expressed as a percentage of
principal amount of bonds to be redeemed) plus interest accrued and
unpaid to the redemption date:
Period During Which Redeemed Redemption
(Both Dates Inclusive) Price
February 1, 2006, to January 31, 2007 102%
February 1, 2007, to January 31, 2008 101
February 1, 2008, and thereafter 100
Term Bonds, if any, are required to be redeemed in part before
maturity by the City on February 1 in years and amounts as
determined at the time of sale, at a redemption price equal to the
principal amount of the Term Bonds to be redeemed, plus accrued
interest to the redemption date.
If less than all of the Bonds are called for redemption, the
Bonds to be redeemed shall be selected by the chief financial
officer of the City in such manner as he may determine to be in the
best interest of the city. If less than all the Bonds of a
particular maturity are called for redemption, the Bonds within
such maturity to be redeemed shall be selected by the Securities
Depository pursuant to its rules and procedures or, if the book-
entry system is discontinued, shall be selected by the Registrar by
lot in such manner as the Registrar in its discretion may deter-
mine. In either case, (a) the portion of any Bond to be redeemed
shall be in the principal amount of $5,000 or some integral
multiple thereof and (b) in selecting Bonds for redemption, each
Bond shall be considered as representing that number of Bonds that
is obtained by dividing the principal amount of such Bond by
$5,000. The City shall cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to be sent
by facsimile transmission, registered or certified mail or
overnight express delivery, not less than 30 nor more than 60 days
prior to the redemption date, to the registered owner of the Bonds.
The City shall not be responsible for mailing notice of redemption
to anyone other than DTC or another qualified securities depository
or its nominee unless no qualified securities depository is the
registered owner of the Bonds. If no qualified securities
depository is the registered owner of the Bonds, notice of
redemption shall be mailed to the registered owners of the Bonds.
If a portion of a Bond is called for redemption, a new Bond in
principal amount equal to the unredeemed portion thereof will be
issued to the registered owner upon the surrender thereof.
4. Execution and Authentication. The Bonds shall be signed
by the manual or facsimile signature of the Mayor or Vice-Mayor,
shall be countersigned by the manual or facsimile signature of its
Clerk or Deputy Clerk, and the City's seal shall be affixed thereto
or a facsimile thereof printed thereon; provided, however, that if
both of such signatures are facsimiles, no Bond shall be valid
until it has been authenticated by the manual signature of an
4
authorized officer or employee of the Registrar and the date of
authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the
following form, with such completions, omissions, insertions and
changes not inconsistent with this Resolution as may be approved by
the officers signing the Bonds, whose approval shall be evidenced
conclusively by the execution and delivery of the Bonds:
Unless this certificate is presented by an authorized representative of The Depository
Trust Company, a New York corporation ("DTC"), to the issuer or its agent for
registration of transfer, exchange, or payment, and any certificate is registered in the name
of Cede & Co., or in such other name as is requested by an authorized representative of
DTC (and any payment is made to Cede & Co. or to such other entity as is requested by
an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE
HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL
inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
REGISTERED REGISTERED
No. R- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General obligation Public Improvement Bond
Series of 1996
INTEREST RATE MATURITY DATE DATED DATE CUSIP
% February 1, June 1, 1996
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value
received, promises to pay, upon surrender hereof to the registered
owner hereof, or registered assigns or legal representative, the
principal sum stated above on the maturity date stated above,
subject to prior redemption as hereinafter provided, and to pay
interest hereon from its date semiannually on each February 1 and
August 1, beginning February 1, 1997, at the annual rate stated
above, calculated on the basis of a 360-day-year and twelve 30-day-
months. Principal, premium, if any, and interest are payable in
lawful money of the United States of America by the City Treasurer,
who has been appointed Registrar (the "Registrar"). The City may
appoint a qualified bank as successor paying agent and registrar
for the bonds.
Notwithstanding any other provision hereof, this bond is
subject to a book-entry system maintained by The Depository Trust
Company (IIDTCII) , and the payment of principal, premium, if any, and
interest, the providing of notices and other matters shall be made
as described in the City's Blanket Letter of Representations to
DTC.
This bond is one of an issue of $58,000,000 General obligation
Public Improvement Bonds, Series of 1996, of like date and tenor,
except as to number, denomination, rate of interest, privilege of
redemption and maturity, and is issued pursuant to the Constitution
and statutes of the Commonwealth of Virginia, including the City
Charter and the Public Finance Act of 1991. The bonds have been
authorized by ordinances adopted by the Council of the City (the
"City Council") on November 23, 1993, May 10, 1994, June 14, 1994,
November 22, 1994, and May 9, 1995, and are issued pursuant to a
resolution adopted by the City Council on June 4, 1996, to finance
5
various public, school, road, highway and bridge improvements and
to pay costs of issuance of the bonds.
Bonds maturing on or before February 1, 2006, are not subject
to redemption prior to maturity. Bonds maturing on or after
February 1, 2007, are subject to redemption prior to maturity at
the option of the City on or after February 1, 2006, in whole or in
part at any time, upon payment of the following redemption prices
(expressed as a percentage of principal amount of bonds to be
redeemed) plus interest accrued and unpaid to the redemption date:
Period During Which Redeemed Redemption
(Both Dates Inclusive) Price
February 1, 2006, to January 31, 2007 102%
February 1, 2007, to January 31, 2008 101
February 1, 2008, and thereafter 100
Bonds maturing on February 1, are required to be
redeemed in part before maturity by the City on February 1 in the
years and amounts set forth below, at a redemption price equal to
the principal amount of the bonds to be redeemed, plus accrued
interest to the redemption date:
year Amount Year Amount
If less than all of the bonds are called for redemption, the
bonds to be redeemed shall be selected by the chief financial
officer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the bonds of a
particular maturity are called for redemption, the bonds within
such maturity to be redeemed shall be selected by DTC or any
successor securities depository pursuant to its rules and proce-
dures or, if the book entry system is discontinued, shall be
selected by the Registrar by lot in such manner as the Registrar in
its discretion may determine. In either case, (a) the portion of
any bond to be redeemed shall be in the principal amount of $5,000
or some integral multiple thereof and (b) in selecting bonds for
redemption, each bond shall be considered as representing that
number of bonds that is obtained by dividing the principal amount
of such bond by $5,000. The City shall cause notice of the call
for redemption identifying the bonds or portions thereof to be
redeemed to be sent by facsimile transmission, registered or
certified mail or overnight express delivery, not less than 30 nor
more than 60 days prior to the redemption date, to DTC or its
nominee as the registered owner hereof. If a portion of this bond
is called for redemption, a new bond in principal amount of the
unredeemed portion hereof will be issued to the registered owner
upon surrender hereof.
The full faith and credit of the City are irrevocably pledged
for the payment of principal of and premium, if any, and interest
on this bond.
The Registrar shall treat the registered owner of this bond as
the person or entity exclusively entitled to payment of principal
of and premium, if any, and interest on this bond and the exercise
of all other rights and powers of the owner, except that interest
payments shall be made to the person or entity shown as the owner
on the registration books on the fifteenth day of the month
preceding each interest payment date.
All acts, conditions and things required by the Constitution
and statutes of the Commonwealth of Virginia to happen, exist or be
performed precedent to and in the issuance of this bond have
happened, exist and have been performed, and the issue of bonds of
which this bond is one, together with all other indebtedness of the
City, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
6
IN WITNEBS WHEREOF, the City of Virginia Beach, Virginia, has
caused this bond to be signed by its Mayor, to be countersigned by
its Clerk, its seal to be af fixed hereto, and this bond to be dated
June 1, 1996.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Mayor, City of Virginia Beach,
Beach, Virginia Virginia
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and
transfers) unto
(Please print or type name and
address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably
constituting and appointing
I Attorney, to transfer
said bond on the books kept for the registration thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be (Signature of Registered Owner)
guaranteed by an Eligible
Guarantor Institution such as NOTICE: The signature above
a Commercial Bank, Trust must correspond with the name
Company, Securities Broker/ of the registered owner as it
Dealer, Credit Union, or appears on the front of this
Savings Association who is bond in every particular,
a member of a medallion without alteration or enlarge-
program approved by The ment or any change whatsoever.
Securities Transfer
Association, Inc.
6. Pledge of Full Faith and Credit. The full faith and
credit of the City are irrevocably pledged for the payment of the
principal of and premium, if any, and interest on the Bonds.
Unless other funds are lawfully available and appropriated for
timely payment of the Bonds, the City Council shall levy and
collect an annual ad valorem tax, over and above all other taxes
authorized or limited by law and without limitation as to rate or
amount, on all locally taxable property in the City sufficient to
pay when due the principal of and premium, if any, and interest on
the Bonds.
7. Registration, Transfer and Owners of Bonds. The City
Treasurer is appointed paying agent and registrar for the Bonds
(the "Registrar"). The City may appoint a qualified bank or trust
company as successor paying agent and registrar of the Bonds. The
Registrar shall maintain registration books for the registration
and registration of transfers of Bonds. Upon presentation and
surrender of any Bonds at the office of the Registrar, at its
corporate trust office if the Registrar is a bank or trust company,
7
together with an assignment duly executed by the registered owner
or his duly authorized attorney or legal representative in such
form as shall be satisfactory to the Registrar, the City shall
execute, and the Registrar shall authenticate, if required by
Section 4, and shall deliver in exchange, a new Bond or Bonds
having an equal aggregate principal amount, in authorized denomina-
tions, of the same form and maturity, bearing interest at the same
rate and registered in the name as requested by the then registered
owner thereof or its duly authorized attorney or legal representa-
tive. Any such exchange shall be at the expense of the City,
except that the Registrar may charge the person requesting such
exchange the amount of any tax or other governmental charge
required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person
or entity exclusively entitled to payment of principal, premium, if
any, and interest and the exercise of all other rights and powers
of the owner, except that interest payments shall be made to the
person or entity shown as owner on the registration books as of the
fifteenth day of the month preceding each interest payment date.
8. Sale of Bonds. The City Council approves the following
terms of the sale of the Bonds. The Bonds shall be sold by
competitive bid, and the City Manager shall receive bids for the
Bonds and award the Bonds to the bidder providing the lowest "true"
or "Canadian" interest cost, subject to the limitations set forth
in paragraph 2. Following the sale of the Bonds, the City Manager
shall file a certificate with the City clerk setting forth the
final interest rates and the purchase price of the Bonds. The
actions of the City Manager in selling the Bonds shall be conclu-
sive, and no further action shall be necessary on the part of the
City Council.
9. Notice of Sale. The City Manager, in collaboration with
the Financial Advisors, is authorized and directed to take all
proper steps to advertise the Bonds for sale substantially in
accordance with the form of Notice of Sale attached hereto, which
is approved, provided that the City Manager, in collaboration with
the Financial Advisors, may make such changes in the Notice of Sale
not inconsistent with this Resolution as he may consider to be in
the best interest of the City.
10. official Statement. A draft of a Preliminary Official
Statement describing the Bonds, copies of which have been provided
to the members of the City Council, is approved as the form of the
Preliminary official Statement by which the Bonds will be offered
for sale, with such completions, omissions, insertions and changes
not inconsistent with this Resolution as the City Manager, in
collaboration with the Financial Advisors, may consider appropri-
ate. After the Bonds have been sold, the City Manager, in collabo-
ration with the Financial Advisors, shall make such completions,
omissions, insertions and changes in the Preliminary Official
Statement not inconsistent with this Resolution as are necessary or
desirable to complete it as a final Official Statement, execution
thereof by the City Manager to constitute conclusive evidence of
his approval of any such completions, omissions, insertions and
changes. The City shall arrange for the delivery to the purchaser
of the Bonds of a reasonable number of copies of the final official
Statement, within seven business days after the Bonds have been
awarded, for delivery to each potential investor requesting a copy
of the official Statement and to each person to whom such purchaser
and members of his group initially sell Bonds.
11. Official Statement Deemed Final. The City Manager is
authorized, on behalf of the City, to deem the Preliminary official
Statement and the Official Statement in final form, each to be
final as of its date within the meaning of Rule l5c2-12 (the
"Rule") of the Securities and Exchange Commission (the "SEC"),
except for the omission in the Preliminary Official Statement of
certain pricing and other information permitted to be omitted
pursuant to the Rule. The distribution of the Preliminary Official
Statement and the Official Statement in final form shall be
conclusive evidence that each has been deemed final as of its date
8
by the City, except for the omission in the Preliminary Official
Statement of such pricing and other information permitted to be
omitted pursuant to the Rule.
12. Preparation and Delivery of Bonds. After bids have been
received and the Bonds have been awarded, the officers of the City
are authorized and directed to take all proper steps to have the
Bonds prepared and executed in accordance with their terms and to
deliver the Bonds to the purchaser thereof upon payment therefor.
13. Arbitrage Covenants. The City covenants that it shall
not take or omit to take any action the taking or omission of which
will cause the Bonds to be "arbitrage bonds" within the meaning of
Section 148 of the Internal Revenue Code of 1986, as amended,
including regulations issued pursuant thereto (the "Code") , or
otherwise cause interest on the Bonds to be includable in the gross
income of the registered owners thereof under existing laws.
Without limiting the generality of the foregoing, the City shall
comply with any provision of law that may require the City at any
time to rebate to the United States any part of the earnings
derived from the investment of the gross proceeds of the Bonds,
unless the City receives an opinion of nationally recognized bond
counsel that such compliance is not required to prevent interest on
the Bonds from being includable in the gross income of the
registered owners thereof under existing law. The City shall pay
any such required rebate from its legally available funds.
14. Non-Arbitrage Certificate and Elections. Such officers
of the City as may be requested are authorized and directed to
execute an appropriate certificate setting forth the expected use
and investment of the proceeds of the Bonds in order to show that
such expected use and investment will not violate the provisions of
Section 148 of the Code, and any elections such officers deem
desirable regarding rebate of earnings to the United States, for
purposes of complying with Section 148 of the Code. Such certifi-
cate and elections shall be in such form as may be requested by
bond counsel for the City.
15. Limitation on Private Use. The City covenants that it
shall not permit the proceeds of the Bonds or the facilities
financed with the proceeds of the Bonds to be used in any manner
that would result in (a) 5% or more of such proceeds or the
facilities financed with such proceeds being used in a trade or
business carried on by any person other than a governmental unit,
as provided in Section 141(b) of the Code, (b) 5% or more of such
proceeds or the facilities being financed with such proceeds being
used with respect to any output facility (other than a facility for
the furnishing of water), within the meaning of Section 141(b)(4)
of the Code, or (c) 5% or more of such proceeds being used directly
or indirectly to make or finance loans to any persons other than a
governmental unit, as provided in Section 141(c) of the Code;
provided, however, that if the City receives an opinion of
nationally recognized bond counsel that any such covenants need not
be complied with to prevent the interest on the Bonds from being
includable in the gross income for federal income tax purposes of
the registered owners thereof under existing law, the City need not
comply with such covenants.
16. SNAP Investment Authorization. The City Council has
received and reviewed the Information Statement (the "Information
Statement") describing the State Non-Arbitrage Program of the
Commonwealth of Virginia ("SNAP") and the Contract Creating the
State Non-Arbitrage Program Pool I (the "Contract"), and the City
Council has determined to authorize the City Treasurer to utilize
SNAP in connection with the investment of the proceeds of the
Bonds, if the city manager and the Director of Finance, in
consultation with the City Treasurer, determine that the utiliza-
tion of SNAP is in the best interest of the City. The City Council
acknowledges the Treasury Board of the Commonwealth of Virginia is
not, and shall not be, in any way liable to the City in connection
with SNAP, except as otherwise provided in the Contract.
9
17. Continuing Disclosure Agreement. The Mayor, the City
Manager and such officer or officers of the City as either may
designate are hereby authorized and directed to execute a continu-
ing disclosure agreement setting forth the reports and notices to
be filed by the City and containing such covenants as may be
necessary to assist the purchasers of the Bonds in complying with
the provisions of the Rule promulgated by the SEC. Such continuing
disclosure agreement shall be substantially in the form provided to
members of the City Council, with such completions, omissions,
insertions and changes that are not inconsistent with this
Resolution.
18. Other Actions. All other actions of officers of the City
and the City Council in conformity with the purposes and intent of
this Resolution and in furtherance of the issuance and sale of the
Bonds are hereby ratified, approved and confirmed. The officers of
the City are authorized and directed to execute and deliver all
certificates and instruments and to take all such further action as
may be considered necessary or desirable in connection with the
issuance, sale and delivery of the Bonds.
19. Repeal of Conflicting Resolutions. All resolutions or
parts of resolutions in conflict herewith are repealed.
20. Effective Date. This Resolution shall take effect
immediately.
Adopted by the Council of the City of Virginia Beach,
Virginia, this'-4 day of June, 1996.
Clerk, City of Virg nia Beach,
Virginia
@tk@,4 AT t
V A A i
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10
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t:\vab96go\disclagt
5/22/96
CONTINUING DISCLOSURE AGREEMENT
This CONTINUING DISCLOSURE AGREEMENT (the "Disclosure
Agreement") is executed and delivered by the City of Virginia
Beach, Virginia (the "City") in connection with the issuance by
the City of its $58,000,000 General obligation Public Improvement
Bonds, Series of 1996 (the "Bonds") The City hereby covenants and
agrees as follows:
Section 1. Purpose of the Disclosure Agreement. This Disclo-
sure Agreement is being executed and delivered by the City for the
benef it of the holders of the Bonds and in order to assist the
purchasers of the Bonds in complying the provisions of Section
(b)(5)(i) of Rule 15c2-12 (the "Rule") promulgated by the Securi-
ties and Exchange Commission by providing certain annual financial
information and material event notices required by the Rule
(collectively, "Continuing Disclosure").
Section 2. Annual Disclosure. (a) The City shall provide
annually certain financial information and operating data in
accordance with the provisions of Section (b)(5)(i) of the Rule as
follows:
(i) audited financial statements, prepared in accordance
with generally accepted accounting principles; and
(ii) the operating data with respect to the City of the
type described in the section of the Official Statement
entitled "Operating Data."
(b) The City shall provide annually the financial
information and operating data described in subsection (a) above
(collectively, the "Annual Disclosure") within [180] days after the
end of the City's fiscal year, commencing with the City's fiscal
year ending June 30, 1996, to each nationally recognized municipal
securities information repository ("NRMSIR") and to the appropriate
state information depository ("SID") , if any is hereafter created.
(c) Any of the Annual Disclosure may be included by
specific reference to other documents previously provided to each
NRMSIR and to the appropriate SID, if any is hereafter created, or
filed with the SEC; provided, however, that any final official
statement incorporated by reference must be available from the
Municipal Securities Rulemaking Board (the 'IMSRBII).
(d) The City shall provide in a timely manner to each
NRMSIR or the MSRB and to the appropriate SID, if any is hereafter
created, notice specifying any failure of the City to provide the
Annual Disclosure by the date specified.
Section 3. Event Disclosure. The City shall provide in a
timely manner to each NRMSIR or the MSRB and with the appropriate
SID if any is hereafter created, notice of the occurrence of any
of the following events with respect to the Bonds, if material:
(a) principal and interest payment delinquencies;
(b) non-payment related defaults;
(c) unscheduled draws on debt service reserves reflect-
ing financial difficulties;
(d) unscheduled draws on any credit enhancement re-
flecting financial difficulties;
(e) substitution of credit or liquidity providers, or
their failure to perform;
(f) adverse tax opinions or events affecting the tax-
exempt status of the Bonds;
(g) modifications to rights of Bondholders;
(h) bond calls;
(i) defeasance of all or any portion of the Bonds;
(j) release, substitution, or sale of property securing
repayment of the Bonds; and
(k) rating changes.
Section 4. Termination. The obligations of the City
specified in Sections 2 and 3 will terminate upon the redemption,
defeasance (within the meaning of the Rule) or payment in full of
all the Bonds.
Section 5. Amendment. The City reserves the right to modify
its obligations contained in Sections 2 and 3 without the consent
of Bondholders, provided that such modification complies with the
Rule as it exists at the time of modification.
section 6. Defaults. (a) If the City fails to comply with
any covenant or obligation regarding Continuing Disclosure
specified in this Disclosure Agreement, any holder (within the
meaning of the Rule) of Bonds then outstanding may, by notice to
the City, proceed to protect and enforce its rights and the rights
of the holders by an action for specific performance of the City's
covenant to provide the Continuing Disclosure.
(b) Notwithstanding anything herein to the contrary, any
failure of the City to comply with any obligation regarding
2
Continuing Disclosure specified in this Disclosure Agreement (i)
shall not be deemed to constitute an event of default under the
Bonds or the resolution providing for the issuance of the Bonds and
(ii) shall not give rise to any right or remedy other than that
described in Section 6(a) above.
Section 7. Additional Disclosure. The City may from time to
time disclose certain information and data in addition to the
Continuing Disclosure. Notwithstanding anything herein to the
contrary, the City shall not incur any obligation to continue to
provide, or to update, such additional information or data.
Section B. Counterparts. This Disclosu@e Agreement may be
executed in several counterparts each of which shall be an original
and all of which shall constitute but one and the same instrument.
section 9. Governing L&W. This Disclosure Agreement shall be
construed and enforced in accordance with the laws of the Common-
wealth of Virginia.
Dated June -, 1996.
CITY OF VIRGINIA BEACH, VIRGINIA
Mayor, City of Virginia Beach,
Virginia
C ty Manager ginia
Beach, Virginia
3
- 19 -
item IV-L2
CONSENT AGENDA
RESOLUTIONS/ORDINANCES ITEM # 40849
Upon motion by Pice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to APPROPRIATE $430,522 in the FY 1996-1997
Operating Budget for the City's share of costs for the Ninth Street
Parking Garage.
Voting: 7-0 (By Consent)
Council Meinbers Voting Aye:
John A. Baum Linwood O. Branch, III, Robert K Dean, Barbara M.
Henley, Louis R Jones, Mayor Meyera E Oberndorf and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K Parker, Vice Mayor William D. Sessona, Jr.
Council Members Absent:
William W Harrison, Jr. and Harold Heischober
Vice Mayor Sessona ABSTAINED on Item L2 as Central Fidelity Bank does business with one of the
Landowners.
Council Lady Parker ABSTAINED on Item L2 as the applicant is one of the clients of Council Lady
Parker and her husbani4 owners of Parkers Pools.
June 4, 1996
I AN ORDINANCE TO APPROPRIATE $430,552 IN THE FY
2 1996-97 OPERATING BUDGET FOR THE CITY'S SHARE OF
3 COSTS FOR THE NINTH STREET PARKING GARAGE
4 WHEREAS, a key element of the Oceanfront ResortArea Concept Plan approved by Council on June
5 28, 1994 includes a parking and circulation system aimed at serving individual businesses as a unified entity,
6 WHEREAS, to improve parking at the oceanfront, the City is considering entering into an agreement
7 with VB/South Parking, L.L.C., to lease a parking garage to be built by the developer on property located at 9th
8 Street;
9 WHEREAS, the agreement will require the City to pay monthly lease payments for twenty years to the
1 0 developer commencing the later of April 1, 1997 or the date the parking spaces are made available,
1 1 WHEREAS, the City plans to exercise an option in the agreement of pre-paying approximately
1 2 $170,000 of interest during the construction period which, in turn, will reduce the lease payments by $20,000
1 3 per year,
1 4 WHEREAS, the development plans call for the closing of 8th Street with a portion to be sold to the
1 5 adjacent property owner resulting in approximately $300,000 of estimated revenues to the City,
1 6 WHEREAS, proceeds from the sale of the closed 8th Street property, along with parking income will
1 7 be appropriated to the Parking Enterprise Fund in the FY 1996-97 Operating Budget, to be applied toward cost
1 8 of the lease agreement and other associated expenditures estimated at $430,552 for the last three months of
1 9 the fiscal year.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
21 VIRGINIA:
22 1 . That appropdabons in the amount of $430,552 be appropriated to the Parking Enterprise Fund
23 in the FY 1996-97 Operating Budget to be applied toward the lease agreement and other associated costs for
24 the 9th Street Parking Garage;
25 2. That the appropriations be offset by an increase of $430,552 in estimated revenues from the
26 sale of property of the closed 8th Street and from parking income.
27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 day of June
28 1996.
APPROVED AS TO CONTENT
Dept. of Management Services
- 20 -
Item IV-L3.
RESOLUTIONS/ORDINANCES ITEM # 40830
Dr. Donald A. Peccia; Associate Superintendent Administrative Services - Virginia Beach City Public
Schools, responded to City Council concerns. On February Thirteenth in Dr. Peccia's presentation to City
Council he advised the School Board would probably require a transfer between other categories in the
Operation and Maintenance Category before the end of the Fiscal Year. The major reasons for the
shortfall was the under budgeting of utilities in the 1995-96 year by approximately $2.5-MILLION and
the under budgeting of maintenance personnel items.
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinances to TRANSFER appropriations between classifications within
the Virginia Beach School Operating Fund:
a. FY 1995-1996
From: Instruction $ 305,000
Administration 641,000
Pupil Transportation 992,000
To: Operations & 1,938,000
Maintenance
b. FY 1996-1997
From: Instruction $ 864,571
Pupil Transportation 878
To.- Administration, 539,163
Attendance & Health
Operations & 326,286
Maintenance
Voting: 9-0
Council Members Voting Aye:
-Tohn A. Baum, Linwood 0. Branch, 111, Robert K Deat4 Barbara M.
Henley, Louis R Jones, Mayor Meyera E. Oberndorf Nancy K Parker,
t'ice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.@
William W Harrison, Jr. and Harold Heischober
June 4, 1996
I AN ORDINANCE TO TRANSFER $1,938,000 BETWEEN
2 APPROPRIATION CLASSIFICATIONS WITHIN THE FY
3 1995-96 SCHOOL OPERATING FUND
4 WHEREAS, the School Division has estimated total costs in
5 the four broad classifications of expenditures for the FY 1995-96
6 School Operating Budget, and found that estimated costs for
7 Operations and Maintenance will exceed approved budgeted
8 appropriations for that expenditure classification by $1,938,000;
9 WHEREAS, actions taken by the School Division to curtail
10 expenditures during the 1995-96 School Year have resulted in
11 resources available in the following amounts in the other
12 expenditure classification areas:
13 Instruction $ 305,000
14 Administration 641,000
15 Pupil Transportation 992,000
16 TOTAL AVAILABLE $1,938,000
17 WHEREAS, the School Board, by resolution of May 21, 1996,
is has requested that these available funds be transferred to
19 operations and Maintenance to ensure adequate funding for all needs
20 through the end of FY 1995-96.
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That funds in the amount of $1,938,000 be transferred
24 within the FY 1995-96 School operating Fund as follows to ensure
25 the balance of all expenditure classifications:
26 From:
27 50010 - Instruction $ 305,000
28 50021 - Administration 641,000
29 50023 - Pupil Transportation 992,000
30 Total $1,938,000
31 To:
32 50024 - Operations &
33 Maintenance $1,938,000
34 This ordinance shall be effective on the date of its
35 adoption.
3 6 Adopted by the Council of the city of Virginia Beach,
37 Virginia, on the 4 day of June 1996.
38 CA-6339
39 ORDIN\NONCODE\OPFUND.ORD
40 R-1
41 PREPARED: 05/28/96
42 APPROVED AS TO CONTENT
43
44 Management Serv@
45 APPROVED AS TO LEGAL
46 SUFFICIENCY
47
48 -Department of Law
2
I AN ORDINANCE TO TRANSFER $865,449 BETWEEN
2 APPROPRIATION CLASSIFICATTONS WITHIN THE FY 1996-97
3 SCHOOL OPERATING FUND
4 WHEREAS, the City Council, on May 14, 1996 approved a FY 1996-97 Operating Budget
5 for Schools totaling $387,302,679, appropriated by the four broad categorical amounts;
6 WHEREAS, the School Board found, in reviewing those final amounts and the proposed
7 School reorganization, that resources needed to be adjusted between the four categories to meet
8 planned needs for FY 1996-97;
9 WHEREAS, in action of May 21, 1996, the School Board approved a final FY 1996-97
10 School Operating Fund, divided among the four categorical areas as follows:
I I Instruction $ 319,221,768
12 Administration, Attendance and Health 11,660,710
13 Pupil Transportation 15,666,079
14 Operations and Maintenance 40,754,122
15 TOTAL APPROPRIATION $ 387,302,679
16 WHEREAS, the Council had agreed that adjustments to the categorical appropriations of the
17 FY 1996-97 School Operating Fund would be considered after final action of the School Board.
is
10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA that funds in the amount of $865,449 be transferred within the
21 FY 1996-97 School Operating Fund as follows:
22 Instruction $ (864,571)
2@3 Administration, Attendance and Health 539,163
24 Pupil Transportation (878)
25 Operations and Maintenance 326,286
26 TOTAL INCREASE/DECREASE $ 0
27
28 This ordinance shall be effective on the date of its adoption.
29 Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of
'30 June ,1996.
APPROVED AS TO
Approved as to Content: LF-GA!.@ SU@ICIENCY
:32
@33 Walter
]@i.W @b96,,V,,d ..h
- 21 -
Ite,m IV-L4.
CONSEAT AGENDA
RESOLUTIONSIORDINANCES ITEM # 40851
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to TRANSFER $127,762 from the FY 1994-1995
Comprehensive Services Act (CSA) Grant to the FY 1995-1996 CSA
Grant re sufficient appropriation authority to meet existing commitments
for services to troubled youth and their families through the Virginia
Beach Court Services Unit.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A Baum, Linwood 0 Branci4 III, Robert K Dea?4 Barbara M.
Henley, Louis R Jones, Mayor Meyera E Oberndorf Nancy K Parker,
Vice Mayor Mlliam D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
William W Harrison, Jr. and Harold Heischober
June 4, 1996
I AN ORDINANCE TO TRANSFER $127,762 FROM THE FY 1994-95
2 COMPREHENSIVE SERVICES ACT (CSA) GRANT TO THE FY 1995-96 CSA GRANT
3 TO PROVEDE SUFFICIENT APPROPRIATION AUTHORITY TO MEET EXIST]ING
4 COMMITMENTS FOR SERVICES THROUGH THE VIRGINIA BEACH COURT
5 SERVICES UNIT
6 WHEREAS, the Comprehensive Services Act (CSA) Special Revenue Fund was created
7 July 1, 1993, as a result of a change in state laws which consolidated several different categorical
8 funding streams into a single source of pool funding;
9 WHEREAS, the Community Policy and Management Team (CPMT) is the Council
10 appointed board responsible for implementing the Comprehensive Services Act for At Risk Youth
I I and Families,
12 WHEREAS, the mission of the CSA and the CPMT is to ensure a collaborative system
13 of services for troubled youth and their families as well as a system that is child-centered, family-
14 focused, and community based;
1 5 WHEREAS, the CPMT is comprised of the local agency directors the Department of
1 6 Social Services, Department of Public Health, Community Services Board/Mental Health-Mental
1 7 Retardation-Substance Abuse (MHMRSA), Virginia Beach Court Services Unit (VBCSU), the
1 8 School District, the Department of Management Services, the Pendleton Child Service Center as
1 9 well as a parent representative and a private provider of youth and/or family services;
20 WHEREAS, the CPMT has been informed by the VBCSU that expenditures and
21 contractual commitments will exceed the VBCSU allocation of pool funds in FY 1995-96 and, in
22 turn, the entire CSA fund is projected to exceed the total FY 1995-96 C. S.A. Allocation;
23 WHEREAS, sufficient appropriations and revenue are available in the FY 1994-95
24 C. S.A. Grant to provide $127,762 in local funding to offset the projected deficit in the FY 1995-
25 96 C. S.A. Grant;
26 WHEREAS, the CPMT requests that City Council transfer $127,762 from the FY 1994-
27 95 C.S.A. Grant to the FY 1995-96 C.S.A. Grant to provide sufficient appropriation authority to
28 meet outstanding commitments for services approved by VBCSU,
29 NOW THEREFORE BE IT ORDAINED BY THE COUNCRL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA, that $127,762 in local funding be transferred from the FY
3 1 1994-95 C. S.A. Grant to the FY 1995-96 C.S.A. Grant to provide additional appropriation
32 authority to meet existing commitments.
33 This ordinance shall be effective on the date of its adoption.
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth Day of
3 5 June , 1996.
MASTO
Approved as to Content CIENCY
Walter C. Kraemer, Jr.
Department of Management Services
- 22 -
Item IV-L5
RESOLUTIONS/ORDINANCES ITEM # 40852
Barbara Asaro, 2537 Pamlico Loop, Phone: 427-0289
Upon motion by Councibnan Dean, seconded by Council Lady Parker, City Council DEFERRED UNTIL
JUNE 11, 1996 CITY COUNCIL SESSION:
the Ordinance to authorize a temporary encroachment into a portion of
the fifteen-foot (15') maintenance easement adjacent to 2537 Pamlico
Loop to Anthony L. and Barbara L. Asaro re installation of an inground
swimming pool and concrete deck (PRINCESS ANNE BOROUGH).
This deferral will enable the staff to prepare a drawing depicting overall area, the access points and
location of the drainage system. The City Staff will advise relative the problems involving drainage ditches
so close to residences and if the maintenance easement is eliminated how the drainage ditch will be
maintained
Voting. 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, Barbara M.
Henley, Louis R. Jones, Mayor Meyera E Oberndorf Nancy K Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr. and Harold Ikischober
June 4, 1996
- 23 -
Item IV-L6.
CONSENT AGENDA
RESOLUTIONS/ORDINANCES ITEM # 40853
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED.-
BIRDNECK ROAD PHASE II (CIP 2-149) (PRINCESS ANNE BOROUGH):
a. Resolution re location and design features as presented at the
6 March 1996 Public Hearing; and as modified by the 'Design
Public Hearing Issues and Recommendations".
b. Ordinance to authorize acquisition ofpropeny in fee simple for
right-of-way as shown on the plans entitled "Birdneck Road
from: General Booth Boulevard to: Southern Boulevard',
including temporary and permanent easements, either by
agreement or condemnation.
C. Ordinance to establish the Birdneck Road right-of-way
between General Booth Boulevard andNorfolkAvenuelSouthern
Boulevard as an underground utility corridor; ant& authorize
the City Manager to execute an Agreement with the Virginia
Department of Transportation (VDOT) and the Utility Owners
for the necessary utility relocations.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, Robert K Deam Barbara M.
Henley, Louis R Jones, Mayor Meyera E. Oberndorf Nancy K Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr. and Harold Heischober
June 4, 1996
LOCATION AND DESIGN PUBLIC HEARING APPROVAL
RESOLUTION
WHEREAS, a Location and Design Public Hearing was conducted on
March 6, 1996, in the City of Virginia Beach by representatives of
the Commonwealth of Virginia, Department of Transportation after
due and proper notice for the purpose of considering the proposed
location and design of the Birdneck Road Phase II, Project #U000-
134-V27, PE-101, RW-201, C-501 in the City of Virginia Beach, at
which hearing aerial photographs, drawings and other pertinent
information were made available for public inspection in accordance
with state and federal requirements; and
WHEREAS, all persons and parties in attendance were afforded
full opportunity to participate in said public hearing; and
WHEREAS, representatives of the City of Virginia Beach were
present and participated in said hearing; and
WHEREAS, the Council had previously requested the Virginia
Department of Transportation to program this project; and
WHEREAS, the Council has given due consideration to such
matters;
THEREFORE, BE IT RESOLVED that the Council of the City of
Virginia Beach hereby approves the location and major design
features of the proposed project as presented at the Public Hearing
and as modified by the attached "Design Public Hearing Issues and
Recommendations;" and
BE IT FURTHER RESOLVED, that the City of Virginia Beach will
acquire all rights-of-way necessary for this project and certify
same to the Department at the appropriate time; and
BE IT FURTHER RESOLVED, that the Director of Public Works is
hereby authorized to execute, on behalf of the City of Virginia
Beach, all necessary railroad and utility agreements required in
conjunction with acquiring such rights-of-way.
Adopted this 4 day of June 1996
City of Virginia Beach, Virginia.
ATTEST:
By
CLERK OF COUNCIL MAYOR/CITY MANAGER
EBH/nfe
5/28/96
Approve@ to c rit
I AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY
3 IN FEE SIMPLE FOR RIGHT
4 OF WAY FOR BIRDNECK ROAD
5 PHASE II (CIP 2-149) AND
6 THE ACQUISITION OF
7 TEMPORARY AND PERMANENT
8 EASEMENTS, EITHER BY
9 AGREEMENT OR CONDEMNATION
10 WHEREAS, in the opinion of the Council of the City of
11 Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important roadway to provide transportation
13 and for other public purposes for the preservation of the safety,
14 health, peace, good order, comfort, convenience, and for the
15 welfare of the people in the City of Virginia Beach:
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18 Section 1. That the City Council authorizes the
19 acquisition by purchase or condemnation pursuant to Sections 15.1-
20 236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seg.,
21 Title 25-46.1 et seg., Code of Virginia of 1950, as amended, all
22 that certain real property in fee simple, including temporary and
23 permanent easements of right of way as shown on the plans entitled
24 "BIRDNECK ROAD FROM: GENERAL BOOTH BLVD. TO: SOUTHERN BLVD.
25 PROJECT UOOO-134-V27, PE-101, RW-201, C-50111, these plans being on
26 file in the Engineering Division, Department of Public Works, City
27 of Virginia Beach, Virginia.
28 Section 2. That the City Manager is hereby authorized
29 to make or cause to be made on behalf of the City of Virginia
30 Beach, to the extent that funds are available, a reasonable offer
31 to the owners or persons having an interest in said lands. If
32 refused, the City Attorney is hereby authorized to institute
33 proceedings to condemn said property.
34 Adopted by the Council of the City of Virginia Beach,
35 Virginia, on the Fourth day of June 1996.
36 EBH/JCL/tga
37 05/2 3/9 6
38 F:\..\LAWSON\BIRDNECK.ORD AP
39
40 A'@ 'T@ nt Date
C, A L
AN ORDINANCE TO ESTABLISH THE BIRDNECK ROAD
RIGHT-OF-WAY BETWEEN GENERAL BOOTH BOULEVARD
AND NORFOLK AVENUE/SOUTHERN BOULEVARD
AS AN UNDERGROUND UTILITY CORRIDOR
WHEREAS, the Birdneck Road Project, CIP #2-149, has been
approved by City Council in order to widen the current section of
roadway between General Booth Boulevard and Norfolk Avenue/Southern
Boulevard; and
WHEREAS, the City of Virginia Beach wishes to improve the
safety and aesthetics of the Birdneck Road project limits through
its improvement; and
WHEREAS, the City Council has previously requested the
Virginia Department of Transportation to program the Birdneck Road
project into its Six-Year Improvement Plan; and
WHEREAS, the Virginia Department of Transportation has adopted
a policy to pay 50% of the additional costs to relocate existing
overhead private utility lines underground, which requires the City
to adopt an ordinance to establish the limits of underground
utility districts, corridors or areas; and
WHEREAS, the City Council has already enacted requirements
through the site plan and subdivision ordinances that require new
development to place new utility lines underground; and
WHEREAS, the City has appropriated sufficient funding to pay
its share of the estimated cost to relocate existing overhead
utility lines underground through the City of Virginia Beach
Capital Improvement Program;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA
BEACH, VIRGINIA that the Birdneck Road right-of-way between General
Booth Boulevard and Norfolk Avenue/Southern Boulevard shall be
designated as an underground utility corridor and that all new
utility facilities installed within the Birdneck Road right-of-way
shall be placed underground; and
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
VIRGINIA that the Director of Public Works is hereby authorized to
execute an agreement with the Virginia Department of Transportation
and the Utility owners within the Birdneck Road right-of-way for
the necessary utility relocations.
AN ORDINANCE TO ESTABLISH THE BIRDNECK ROAD
RIGHT-OF-WAY BETWEEN GENERAL BOOTH BOULEVARD
AND NORFOLK AVENUE/SOUTHERN BOULEVARD
AS AN UNDERGROUND UTILITY DISTRICT
Fourth June 96
Adopted this day of 19 -
City of Virginia Beach, Virginia.
ATTEST:
By
CLERK OF COUNCIL MAYOR/CITY MANAGER
EBH/nfe
5/28/96
A Prove s to cor@tf@
T R A N S C R I P T
O F
L O C A T I 0 N A N D D E S I G N
P U B L I C H E A R I N G
Proposed Widening of Birdneck Road from General booth
Boulevard to Southern Boulevard in the
City of Virginia beach
Projects U000-134-V27, PE101
U000-134-V27, RW201, CSO1
Birdneck Road
City of Virginia Beach
Wednesday, March 6, 1996
4:00 p.m. to 8:00 p.m.
Birdneck Elementary School
957 Scmth Birdneck Road
City of Virginia Beach
VXRGINXA MW OIP TRMSPORTATION
DISTRICT
C O N T E N T S
Dennis LePine 2
Vincent Vilsack 2
COMMENT SHEETS AND CORRESONDENCE RECEIVED:
Mr. and Mrs. Robert Boshor 5
Homer Johnson 6
Dennis M. and John P. LePine 7
A. Stanley Mundy & CO. 10
Mr. and Kra. James Pugh 11
Vincent V. Vilsack 13
Stanely G. Woodhouse 14
LOCATION AND DESIGN PUBLIC HEARING
3 OFFICIAL ORAL COMMENTS
4
5
6 VIRGINIA BEACH, MARCH 6, 1996
7 BIRDNECK ELEMENTARY SCHOOL, VIRGINIA BEACH
8 4:00 P.M. - 8:00 P.M.
9
10
11 PROJECT NO. U000-134-V27, PE101
12
13
14 PROJECT NO. U000-134-V27, RW201, C501
is
16
17
18 REPORTING SERVICES PERFORMED BY: MICHELLE ANTHONY
19
20
21
22
23
24
25
MICHELLE ANTHONY & ASSOCIATES
836 Westminster Lane, Virginia Beach, VA (804) 486-2487
2
I (1) Dennis LePine
145 Burford Avenue
2 Virginia Beach, Virginia
3 Dennis LePine, Parcel 086., which is 145
4 Burford Avenue. I'm here in concern of the removal of
5 the sign and also the right of way, which will be
6 cutting into about two foot of the current parking lot.
7 If possible -- the sign, I'm willing to
8 move and can compromise on that, but the parking area I
9 really cannot lose the two-foot space right now. The
10 two foot makes the car available to go Around the
11 parking lot. Whereas, if I was to lose the two foot, it
12 is possible I would not have a parking spot at all in
13 that spot.
14
16 (2) Vincent Vilsack
853 South Birdneck Road
17 Virginia Beach, Virginia
18 My concerns: Number one, need wide
19 entrance for the tractor-trailer trucks turn radius for
20 60-foot length trailers for entrance and exit.
21 Number two, need exits to turn out of
22 driveway for both directions onto highways due to
23 tractor-trailer radius entrance and exit.
24 Three, sewer line hook up into a
25 gravity sewer line.
MICHELLE ANTHONY & ASSOCIATES
836 Westminster Lane, Virginia Beach, VA (804) 486-2487
3
1 Four, need two or three sewage
2 connecting lines for property and future development.
3 Five, need an additional entrance to
4 construct a driveway on far side of house, so house
5 traffic is separate from business traffic entrance.
6
7
8
9.
10
11
12
13
14
16
17
is
19
20
21
22
23
24
25
KICHZLLE ANTHONY & ASSOCIATES
836 Westminster Lane, Virginia Beach, VA (804) 486-2487
2
OF VIRGINIA
3
4CITY OF VIRGINIA TEACH, to Wit:
5
6 I, Michelle Anthony, do hereby certify that
the foregoing pages are a true and correct transcript of
7
8 my Stenotype notes of the public hearing had at the time
9 and place in the caption mentioned.
10 This 11th day of March, 1996.
11
12
13
14
15 my term of office expires:
16
17
is
19
20
21
22
23
24
25
MICH=Z ANTHONY & ASSODIATES
836 Westminster Lane, Virginia Beach,'VA (804) 486-2487
C 0 M M E N T S H & E
Location and Design Public Hearin-g
Birdneck Road
City of Virginia Beach
Wednesday, March 6,1996
NANE:@ @v g"i"
ADDRES
toBirdncckRoadprescntedherel Yes @No
1. Do you support the roadway improvements
Why?
hem today ?
'm "O P"Vle "Y
3. Please provide us with azty additional information which you feel would assist in the completion
of this project.
4 How did YOU bar about dds
Newspapa Duca -ZVDOT y Sign Other
5@ Were VDOT able to @ YOUR qucstiam?
If not, were you offaw @ ?
ks" this @ at the @ted location or mail your comments
wffmn it @ to dw addrmn an the rmrse side.
Pmjoa: UOOD-134-V27,PE-101 --- F@ @: M-M3 (246)
UODO-134.V27jtW-201.C-501 ... STP-3403
COMMZNT silrbzt
Lociktion and Design Public Hearin r -
Birdneck Road
City of Virginia Reacb MAR
Wedanday, March 6, 1996
N@:
Yes 0
1. Do you support the roadway improvements to Birdneck Road presented here
Wh
2. What impro would you to the design p hem today
3. Please provide us, with any additional information which you feel would assist in the completion
of this project.
A 71
4 How did YOU bow about this
N mad R@ Sigo Odwr
5, Were VDOT Rep VOS able to YOUR
if not, were you offaw
pkm @ tbb AW at the designated or @ your comments
WffHIN 12 DM to the add@ es dw @ side-
4k . Uooo.134-V27,pE.Iol --- F@ @. M-503 (246)
@134.V27.RW-201.C-501 ... STP-5403
CA
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FP,^ fq WI &J 4- t- CT- @.w I I-
o M M Z N T S H z E
tion iknd Design Public Heariig
Birdneck Road
City of 'Nrtitnin Be2Ch
Wedaa"Y, March 6, 1996
NAME-VI v@
ADDRESS okyr.. -VA, mc&c,*;
ft @way ii fovgmgnu to Birdneck Road presented here Yes No
Dort
1. Do you $UP-. rm Rib lkve
Why?
C.@
an w@Ich you @@ld assist in the completion
mfbrmati
3. Pigne DrOvidf us with my
M,klWt-WL. @ .
of this P;OjecL
AAR IC
ffy
-A
W-M A
4 How did YOU bw &M db
N VDOT y Sips Other
S. wen YOUR
if nM
dwd At dw doi@ @n or ma I
to dw addram on the
m-w3
@.UM134-V27,PE-101 --- FW" 13
14 0%. &4 at I- 3 64 o UOOD.134.V27.RW-201.C-501 ... STP-343 ki
%j IC. &414 1 - 5 Z.
- ----- -- --
i
SOJT@ I f
I OL
4
I .
. 4
fil
BIRDNECK ROAD 0
PHASE 11 6
C,I,P, 2-149
SCALE: 1 " = 1600'
I
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I
@ DRAti
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THESE PLANS ARE UNFINISHED
AND UNAPPROVED AND ARE NOT
TO:.3E@USED FOR ANY TYPE
OF CONSTRUCTION OR THE
ACOUISITION OF RIGHT OF WAY,
C 0 M M E N T S H E z
Location and Desigl3 Public Hearing
Birdneck Road
City of Virginia Beacb
Weda@y, March 6, 1996
NANM:
ADDIU
1. Do you support the roadway improvements to Birdncck Road presented here Yes No
Whv?
p hem today ?
3. Please provi which you fell would assist in the completion
de us with a" additional information
of th
4 HOW did YOU bW ddl
N DbM MA VDOT y Sips Other
5. were VDOT &W to YOUR 4ej
If not, wag you offffa had=
dds Am at dw duipmed or mail your comments
WffMN 12 2M to *2 08 the
UOOD-134-V27.PE-101 --- FW" PMM: M-.V
@:UOOO-134-V27.RW-20[.C-"l ... STP-503
su@;ZLXZ:ZTRIar
COMMMUT SHEZ
@tion and Design Public Hearing
Dirdneck Road
city of M@ Beacb
w . March 69 1"6
ooq CV -71,Arl rj4P@A
CODE: V
promud here? Yes 1,A No
1. Do -iou support the
wby?@
2. VAlat ta the design bon I ?
iiv van" YM
vr
sisqip the completion
3. P@
of thk
IA
4. HOW d
SWA Odwr
S. Wm tv" TOM
yew
w am
40 *8
M-503 (2,
lj&V27.RW-201,C-501 ... STP-503
C 0 M M Z N T S H z z
Location and Design Public Hearing
Birdneck Road
City of Virginia Beach
Wednesday, March 6,19%
vINCEtir v. VILUACK
@S3 S. DIRONECK RD.
VA @ai
W,RGM MEAR-W
ADDRESS:
1. Do you support the roadway improvements to Roaa O'tis6ni7ieif hbit-4 -YC3 @\,C
Why?
2. What unprov would you to the destip p hen today ?
fbmation which wot n
Jeff #red
700 f KZ.4@Irta
4z
r
4 How did YOU how about dds
.Nempaper DW4 I VDGT y Sig= Odwf
5 Were VDOT &W to YOUlt
If not, were you off"W
leave dds c shed at dw la comments
WffMN 12 2M to da immrmw i (P-
@-UOOO-134-V27,PE-101 --- F@@
Pr*=UOOD-134-V27.RW-201.C-501 STP-503
C 0 M M Z N T S H z E
Location and Design Public Hearing
Birdneck Road
City of Virginia Beach
Wednesday. March 6, 1996
NAME:-
ADDRE!
1. Do you support the roadway improvements to Birdneck Road presented here es No
Whv@- T Z2 ir , @
OA AA
m- @ll @ O)f I-
tA D I Li
2. What imp Id the desip p hem today
on feel would assist in the completion
3. please provide us with any additional fbfmation which y
of thi y
7n
4 How did YOU how about dds
N mad VDOT y s*s Other
5 Were VDOT able to YOUR
it not, were you offered
yew comments
Mm km dds dm at ft dmpated or @
VNTMN a @ to the addresses as the @ sidl
project: UOODl@V27yE.101 ... FW" @. M-503 (246)
@134.V27jtW-201.C-501 --- STP-503
AA e,
POLICY REPORT
Birdneck Road Phase II
Design Public Hearing Issues and Recommendations
BACKGROUND:
This project first appeared in the 1989/93 CIP at an estimated cost of $14,850,000. The current
total estimated cost is $18,968,000. Funding for design became available in fiscal year 1991/92.
Cost estimates have been updated to reflect current estimates. City Council approved a
programming resolution on September 3, 1991 requesting that the Virginia Department of
Transportation (VDOT) administer a project for the design and construction of the Birdneck
Road project. The project design is now approximately 65 % complete.
This project is for construction of a four-lane divided highway with a bikeway from Southern
Boulevard to General Booth Boulevard, a distance of approximately 2.5 miles. Existing
overhead utilities will be relocated underground with the project subject to City Council adoption
of the attached ordinance designating Birdneck Road as an underground utility corridor. This
project will provide an improved level of service and enhance traffic flow for vehicles traveling
from Virginia Beach Boulevard to General Booth Boulevard. This is an alternate route for
traffic with destinations north or south of the Resort Area, but wishing to remain outside of the
Resort Area, and for traffic utilizing Route 44 to reach Camp Pendleton, the Marine Science
Museum, and points south of the Beach Borough. The project design includes enhanced
aesthetic features to provide a "gateway" type corridor including meandering bike path,
landscaping, and "streetscape" type traffic signal poles.
VDOT held a Design Public Hearing on March 6, 1996 at Birdneck Elementary School and
approximately 25 citizens attended. The majority of comments received were in favor of the
project; however, some citizens expressed concern about certain design features.
CONSIDERATION OF PUBLIC ISSUES:
Seven specific issues were identified. Copies of all comments received are enclosed in
attachment "A". Each of the seven major issues are identified and discussed with staff's and
VDOT's recommendation given.
PUBLIC COMMENTS:
Public Comment #I:
Mr. Dennis LePine of 145 Burford Avenue (Parcel #86) requested that the project plans be
modified to avoid conflicts with his commercial sign and impacts to his existing parking lot.
Response/Recommendation:
This issue was reviewed by VDOT and City staff. The existing commercial sign is in direct
conflict with the proposed sidewalk and may pose a site distance problem when the roadway is
widened. These conflicts may not be avoided; therefore, the purchase and removal of the sign
is recommended to remain a part of the highway improvement. The roadway plans will be
revised to avoid impacts to the existing parking lot. The new entrance on Birdneck Road will
be relocated to align with the existing entrance location. The amount of right-of-way acquired
at the comer of Mr. LePine's property will be reduced to avoid the parking area. These two
plan revisions will avoid permanent impacts to the existing parking area.
Policy Report
Birdneck Road Phase II
Design Public Hearing Issues and Recommendations
Page 2
Public Comment #2:
Mr. Vincent Vilsack of 853 South Birdneck Road requested a "wide entrance for tractor trailer
trucks", a median opening to allow left turn lanes out of the property, City sewer service with
2-3 sewer taps, and an additional entrance to serve the existing residence on the parcel.
Response/Recommendation:
The highway project will replace the existing 30-foot commercial entrance with a new 30-foot
commercial entrance. VDOT and City staff have reviewed the proposed entrance configuration
and tractor trailer trucks will be able to enter and exit through the proposed 30-foot wide
commercial entrance.
A median opening to serve the Vilsack property (0.77 acres) is not recommended. The access
to Mr. Vilsack's property is located approximately 360 feet from a proposed median opening
serving the Fire Training Center, Fire Station #12, the Owls Creek Tennis Center and the
proposed location of the new Seatack Elementary School. The requested median opening would
not meet minimum spacing requirements of 650 feet between median openings and would
conflict with the transition of a proposed left turn lane.
The Department of Public Utilities will be administering a project to provide City sewer for
seven properties located within the limits of the Birdneck Road project. This project will
provide a single sewer tap for the Vilsack property. Mr. Vilsack may receive additional sewer
taps through subdivision or further development of his property. Currently, this sewer project
is scheduled to be completed prior to the start of the Birdneck Road Highway Project. The final
sewer project schedule is contingent upon purchase of the state owned property for the new
Birdneck Elementary School.
VDOT and City staff have reviewed the request for a separate residential entrance and do not
recommend that an additional entrance be provided. The site currently has one entrance serving
both the residential and commercial uses on the property. A public benefit for providing an
additional entrance cannot be identified.
Public Comment #3:
Robert and Cindy Bosher of 843 South Birdneck Road requested that City sewer be provided to
their property and requested that three large pine trees in the front yard be saved.
Response/Recommendation:
The Department of Public Utilities will be administering a project to provide City sewer to the
Bosher property as outlined in Public Comment #2.
The three large pine trees that Mr. and Mrs. Bosher referenced are located within the existing
City right-of-way and will be impacted by the planned improvements. Additionally, the
installation of the proposed sewer line along Birdneck Road may impact the root systems of the
trees. Realignment of the roadway, to avoid these three trees, would result in significant
impacts to greater numbers of trees located on the opposite side of the roadway. VDOT and
City staff will make every reasonable effort to save the trees; however, impacts cannot be
determined until design of the sewer system is completed.
Policy Report
Birdneck Road Phase II
Design Public Hearing Issues and Recommendations
Page 3
Public comment #4:
Mr. Homer Johnson of 3708 Gresham Court is requesting that the project offer to buy the entire
lots where the project will be impacting lots.
Response/Recommendation:
The City will be completing independent appraisals of all lots impacted by the project.
Currently, we do not anticipate any total takes as a result of the improvements. if the appraisals
indicate that the acquisition will damage any properties to the point that they are unusable, the
City and State will consider acquisition of the total parcel.
Public Comment #5:
Mr. Stanley Mundy and Company owns two undeveloped parcels that front along the project
limits (parcels 49 and 59). Mr. Mundy is requesting that median openings be provided to each
parcel.
Response/Recommendation:
The project design does not provide median openings for Mr. Mundy's properties. The City
will review access issues, including the location and need for median openings, when the
property is developed. VDOT and City staff do not recommend that median openings be
provided without the benefit of development plans and the associated ability to determine actual
need based on the development proposed.
Public Comment #6:
James and Nancy Pugh of 224 South Birdneck Road are requesting that the City offer to buy
their entire parcel.
Response/Recommendation:
The City will be completing independent appraisals of all lots impacted by the project.
Currently, we do not anticipate any total takes as a result of the improvements. If the appraisals
indicate that the acquisition will damage any properties to the point that they are unusable, the
City and State will consider acquisition of the total parcel.
Public Comment #7:
Mr. Stanley G. Woodhouse of 420 South Birdneck Road is concerned that the improvements will
be too close to his house and he may need to move his house back. He also requests that a
median opening be provided into Frazee Lane and that the project pave his driveway.
Response/Recommendation:
The City will be completing independent appraisals of all properties impacted by the project.
If the appraisals indicate that acquisition will damage any properties, the City will compensate
the property owner for the amount of the damages as established by the appraiser or the courts
through condemnation proceedings.
A median opening is not being provided for Frazee Lane. Frazee Lane is a cul-de-sac which
serves three properties and is 350 feet from a planned median opening serving Owls Creek Golf
Center and Owls Creek Lane which serves numerous properties. A median opening at Frazee
Lane would not meet minimum spacing requirements between median openings and would
conflict with the planned left turn lane into the Owls Creek Golf Center. Therefore, VDOT and
City staff do not recommend that a median opening be provided at Frazee Lane.
Policy Report
Birdneck Road Phase II
Design Public Hearing Issues and Recommendations
Page 4
The project will provide a standard concrete entrance for access into Mr. Woodhouse's property.
Mr. Woodhouse's driveway is currently constructed of gravel. The project will tie in the
existing driveway with gravel within the limits of construction. The project will not improve
any private driveways outside of the limits of construction.
ADDITIONAL DESIGN ISSUES:
Three additional issues have been identified by City staff that will result in revisions to the
project plans as presented at the Design Public Hearing. The following is a discussion of each
of the issues and recommendations for completion of the project design.
Issue #1:
The City has requested that VDOT provide a new traffic signal at the intersection of Birdneck
Road and Burford Avenue/Seatack Community Recreation Center entrance.
Response/Recommendation:
The City has requested this traffic signal primarily to provide a signalized pedestrian crossing
for citizens to safely access the Seatack Community Recreation Center from the east side of
Birdneck Road. The planned location of the proposed bikepath and the majoxity of residential
housing in the corridor is located on the east side of Birdneck Road. City staff feels there will
be a significant amount of pedestrian traffic which will warrant the installation of a signalized
crossing once the recreation center is complete. Vehicle counts on Burford Avenue do not
currently warrant a traffic signal; however, it will be more cost effective and, safer to provide
a traffic signal which will control all legs of the intersection. This issue has been discussed with
VDOT staff and they have agreed to provide the traffic signal as a part of the Birdneck Road
Project.
Issue #2:
The City is requesting that VDOT place the existing overhead utility lines underground with the
improvements to the Birdneck Road corridor.
Response/Recommendation:
The City has been working with VDOT throughout the design of the Birdneck Road Phase II
project to create a "gateway" type corridor. The project design presented at the public hearing
included design features to enhance the appearance of the roadway, including meandering
bikepath, enhanced landscaping, and "streetscape" type traffic signal poles. In keeping with this
theme, City staff recommends that existing overhead private utility lines be placed underground
with the improvement of the roadway.
The current VDOT policy provides for VDOT participation in 50% of the cost difference
between relocating utilities underground versus overhead, up to a maximum of $3,000,000/per
project. Preliminary estimates to relocate the facilities underground are $1,650,000. The 1996-
97 CIP has budgeted for the appropriate City share (50%) of relocating the aerial utilities
underground. The VDOT policy also requires City Council to enact an ordinance establishing
an underground utility district, corridor or area. Existing overhead services to private properties
will be converted to underground service at project expense. All future services are required
to be placed underground by the current requirements of the Site Plan and Subdivision
Ordinances.
City staff recommends that the attached ordinance be approved by City Council which
establishes the Birdneck Road right-of-way between Norfolk Avenue and General Booth
Boulevard as an underground utility corridor.
Policy Report
Birdneck Road Phase II
Design Public Hearing Issues and Recommendations
Page 5
Issue #3:
Review of the project plans through the Design Public Hearing process has revealed a situation
where two commercial entrances (serving parcels 25 and 26) are located very closely together
directly adjacent to a planned median opening at Olds Lane.
Response/Recommendation:
This situation has been reviewed by VDOT and City staff and found to be hazardous for vehicles
entering and exiting these entrances simultaneously. VDOT and City staff recommend that
sufficient additional right-of-way be purchased to allow these entrances to be combined into a
single commercial entrance adequate to serve both parcels. City staff will coordinate directly
with the property owners to implement this upon approval.
EBH/nfe
5/21/96
- 24 -
Item IV-L 7.
CONSENT AGENDA
RESOLUTIONS/ORDINANCES ITEM # 40854
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to authorize advance acquisition of property in fee simple for
right-of-way for First Colonial Road Phase III (CIP 2-833), Parcel
044, shown on the Location Map entitled, 'Calilung and Casta Property',
by agreement (LYNNHAVEN BOROUGH)..
Voting: 9-0 (By Consent)
Council Members Voting Aye:
J@ A. Baum, Linwood 0. Branck 111, Robert K Dean, Barbara M.
Henley, Louis R. Jones, Mayor Meyera E Oberndorf, Nancy K Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom
Council Members Voting Nay:
None
Council Members Absent.
William W Harrison, Jr. and Harold Heischober
June 4, 1996
1
2 AN ORDINANCE TO AUTHORIZE ADVANCE
3 ACQUISITION OF PROPERTY IN FEE
4 SIMPLE FOR RIGHT OF WAY FOR FIRST
5 COLONIAL ROAD PHASE III (CIP 2-833)
6 BY AGREEMENT
7 WHEREAS, on June 17, 1985 City Council adopted a
8 resolution requesting the Virginia Department of Transportation
9 to design and construct this project;
10 WHEREAS, the preferred alignment will necessitate the
11 eventual acquisition of Parcel 044, owned by Rommel M. Calilung
12 and R. C. Casta (the "Owners");
13 WHEREAS, the owners have requested the advance
14 acquisition of their property;
15 WHEREAS, the Virginia Department of Transportation has
16 approved the advance acquisition request of the Owners of Parcel
17 044;
18 WHEREAS, the Virginia Department of Transportation's
19 total acquisition/relocation expense for the owners' property is
20 $130,000.00 and the maximum City share is 2% of $130,000.00 or
21 $2,600.00;
22 WHEREAS, in the opinion of the Council of the City of
23 Virginia Beach, Virginia, a public necessity exists for the
24 construction of this important roadway to provide transportation
25 and for other public purposes for the preservation of the safety,
26 health, peace, good order, comfort, convenience, and for the
27 welfare of the people in the City of Virginia Beach:
28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
29 CITY OF VIRGINIA BEACH, VIRGINIA:
30 Section 1. That the City Council authorizes the
31 acquisition of all that certain real property in fee simple known
32 as Parcel 044, as shown on the Location Map entitled, "CALILUNG &
33 CASTA PROPERTY FIRST COLONIAL ROAD PHASE III (2-833)", this
34 Location Map being on file in the City Engineer's office of the
35 Department of Public Works, Virginia Beach, Virginia.
36 Section 2. That the City Manager is hereby authorized
37 to make or cause to be made on behalf of the City of Virginia
offer to the
are available, an
the extent that fund in said lands'
39 Beacri balling an interest y of Virginia Beachr
owners or persons C,l of the Cit 1996.
39 Adopted @Y the COun fine
40 4 day of
Virginia, .. tile
41
42 clk-6313 \cx6313-ORD
NoNcol)?
43 R-1
44 10 cotAl@NI
38 Beach, to the extent that funds are available, an offer to the
39 owners or persons having an interest in said lands.
40 Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the 4 day of June r 1996.
42 CA-6313
43 NONCODE\CA6313.ORD
44 R-1
APIRROVED AS TO CONTENT
DEPARTMENT
APPROVEF
LEGAL Q@U!@i'
CALILUNG & CASTA PROPERTY
ADVANCE ACQUISITION INFORMATION
The Calilung & Casta property is located on 1628 Southern
Boulevard. It is approximately 0.5 acres of property, having a
frontage of 120 feet on Southern Boulevard and an average depth of
180 feet as shown on the agenda request location map. The property
has been owned by Rommel M. Calilung & R.C. Casta since 1993. They
report that the property needs to be sold to relieve numerous
financial hardships.
The preferred road alignment, selected by the City of Virginia
Beach City Council on October 30, 1989, will require a total take
of the Calilung & Casta property.
The preferred alignment severs the southwestern corner of the
Oceana Gardens subdivision. The City has done a prior early
acquisition on this project involving a parcel owned by John R.
Potter, Gordon B. Potter, and Dean S. Potter; acquisition completed
on January 15, 1991.
The Location and Design Public Hearing was held on August 31, 1994.
The resolution approving the project location and design features
has yet to be approved by City Council. The currently anticipated
acquisition schedule is January 1998 - January 1999. Construction
will commence in May 1999. City funding has been programmed to meet
this schedule.
FH/nfe
4/17/96
VIRGINIA
BEACH BLVD.
I
0 C:] LJ
O\. Er4
r "OL@
Iii,@ lip,,
I PROPERTYI
YARD)
I RI
KV
I f
IT-
7-11 CALILUN
& CAST@
PROPERTY
LILUNG & CASTA PROPERTY
FIRST COLONIAL ROAD
PHASE III (2-833)
SCALE: 1" 200'
----------
- 25 -
Item IV-L&
CONSEAT AGENDA
RESOLUTIONSIORDINANCES ITEM # 40855
UPON motion by Vice Mayor Sessoms, seconded by Councilman Baum, CitY Council ADOPTED:
Ordinance to authorize tax refunds in the amount of $4,936.41 upon
application of certain persons and upon certification of the City
Treasurer for Payment.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck 111, Robert K Dean, Barbara M.
Henley, Louis P- Jones, MaYor Meyera E. Oberndorf Nancy K Parker,
Vice Mayor Mlliam D. Sessona, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr. and Harold Heischober
June 4, 1996
ORM NO. C,A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera. Da!e Penalty I nt. Total
Year of Tax Number tion No. Paid
James Proferes 96 RE(1/2) 096572-1 11/24/95 594.00
North American Mortgage Co 96 RE(1/2) 133306-5 11/24/95 89.81
Tropicana Hotel Associates 96 RE(1/2) 121345-3 12/5/95 2,970.00
Josephine P Parker 96 RE(1/2) 091148-7 12/5/95 130.68
Josephine P Parker 95 RE(1/2) 090098-0 11/30/94 125.40
Josephine P Parker 95 RE(2/2) 090098-0 6/5/95 125.40
Josephine P Parker 94 RE(1/2) 089303-4 11/24/93 125.40
Josephine P Parker 94 RE(2/2) 089303-4 6/5/94 125.40
Josephine P Parker 93 RE(1/2) 088537-5 12/5/92 119.90
Josephine P Parker 93 RE(2/2) 088537-5 6/5/93 119.90
Thomas L&Rita Horvatic 96 RE(1/2) 056334-4 11/22/95 29.56
Thomas L&Rita Horvatic 95 RE(1/2) 055356-0 11/30/94 28.36
Thomas L&Rita Horvatic 95 RE(2/2) 055356-0 5/26/95 28.36
Thomas L&Rita Horvatic 94 RE(1/2) 054897-0 12/5/93 28.36
Thomas L&Rita Horvatic 94 RE(2/2) 054897-0 5/19/94 28.36
Thomas L&Rita Horvatic 93 RE(1/2) 054224-5 12/ 5/92 27. 12
Thomas L&Rita Horvatic 93 RE(2/2) 054224-5 5/26/93 27.12
Timothy L&Carol Creech 95 RE(1/2) 025641-8 12/5/94 18.06
Timothy L&Carol Creech 95 RE(2/2) 025641-8 5/2 1/95 18.06
Timothy L&Carol Creech 94 RE(1/2) 073921-0 11/30/93 18.06
Timothy L&Carol Creech 94 RE(2/2) 073921-0 5/15/94 18.06
Timothy L&Carol Creech 93 RE(1/2) 073122-8 11/24/92 17 . 26
Timothy L&Carol Creech 93 RE(2/2) 073122-8 5/29/93 17. 26
Helen M Filer 89 pp 222 7 11 -2 4/8/94 106.52
Total 4,936.41
This ordinance shall be effective from date of adoption.
The above abatements totaling Carl
$4,936.41 We're approved by
the Council of the City of Virginia
Beach on the 4 day of June, 1996
surer
ved as to form:
Ruth Hodges Smith
City Clerk
sit L Lilley, City
- 26 -
item IV-J. I.
APPOIATMEATS ITEM # 40856
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOIATED:
EROSION COMMISSION
James B. Lonergan
Unexpired Term thru April 30, 1999
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K Deam Barbara M.
Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker,
rice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Meynbers Absent:
William W. Harrison, Jr. and Harold Heischober
June 4, 1996
- 27 -
Itein IV-J. 2
APPOINTMENTS ITEM # 40857
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HAMPTON ROADS PLANNING DISTRICT COMMISSION - (HRPDC)
SOCIAL SERVICES BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION - (TTDC)
June 4, 1996
- 28 -
itein IV-L I
NEW BUSINESS ITEM # 40858
Councilman Dean made a Public Service Announcement:
Eighth Annual Clean The Bay Day
Saturday, June 8, 1996
9:00 AM - 12 NOON
Please call. 640-5555, Category 4444 and VOLUNTEER. A member of the Clean The Bay Day will call
and assign the volunteers to their particular duties.
Mayor Oberndorf expressed appreciation to Councilman Dean for his organization of the thousands of
volunteers and the extraordinary performance of Councilman Dean and his volunteers in this endeavor.
June 4, 1996
- 29 -
Itein IV-L.2
NEW BUSINESS ITEM # 40859
Mayor Oberndorf and Council Lady Henley referenced and extended congratulations to the ASPA
National Innovation Recognition Award received by the City of Virginia Beach. The presentation of this
award was made during the Transforming Local Government Conference in Long Beach, California.
Virginia Beach received this national recognition for excellence and inovation in organizational
development, strategic planning, quality initiatives and process improvements. The City competed with the
cities of Charlotte, North Carolina; Phoenix, Arizona; Scottsdale, Arizona; Arlington, Texas and
Escondido, California for this award.
June 4, 1996
30 -
Itein IV- M. I
ADJOURNMENT ITEM # 40860
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:45 P.M.
--@-er@O.-Hooks, CMCIAAE
Chief Deputy City Clerk
---- --------------------------
I&th Hodges Smitk CMCIA,4E Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
June 4, 1996