OCTOBER 8 ,1996 MINUTES
"WORLD'S LARGEST RESORT CITY"
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October 8, 1996
I. BRIEFINGS - Conference Room 11:00 AM
A. AUTOMATED COUNCIL AGENDA AND CITY WEBPAGE
David Sullivan, Director, Information Technology
B. HOMELESS STATUS REPORT
Andrew Friedman, Director, Housing & Neighborhood Preservation
C. GOLF COURSE TASK FORCE
Fletcher Bryant, Parks and Recreation Commission
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. 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
V. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyers E. Oberndorf
B. INVOCATION: Reverend C. Marcus Engdahl
Lutheran Church of the Good Shepherd
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS October 1, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
7he Consent Agenda will be determined during the Agenda Review Session and
considered in dte ordinary course of business by City Council to be enacted by one
motion.
I. PROCLAMATION
1. Sister Cities International (SCI) - 40th Anniversary
J. RESOLUTIONS
1. Resolution to authorize the issuance and sale of $5,000,000
General Obligation School Bonds, Series 1996A, of the City of
Virginia Beach from the Literary Fund to the Virginia Public
School Authority re f inancing a portion of the costs of
Corporate Landing Middle School.
2. Resolution to authorize the City Manager to submit an
application to the Virginia Department of Transportation
(VDOT) for a grant to assist the City of Virginia Beach re
enhancing ongoing alternative fuels program.
K. ORDINANCES
1. Ordinances re the Fire Department's FY-1996-1997 Operating
Budget:
a. APPROPRIATE $7,400 from the Fire Education Gift Fund
Balance re purchasing equipment for fire educational
programs.
b. APPROPRIATE $5,500 from the Fire Store Special Revenue
Fund Balance re purchasing equipment for the Fire
Training Center.
2. Ordinance to authorize a temporary encroachment into a portion
of a 120-foot drainage easement and a 15-foot maintenance
easement to LARRY E. and MARY BETH RUSSELL re construction and
maintenance of a bulkhead with attached dock at the rear of
829 Costa Grande Drive (PRINCESS ANNE BOROUGH).
3. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
Land Yachts
4. Ordinance to authorize License Refunds in the amount of
$2,487.09.
PUBLIC HEARING - PLANNING 3:00 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. Application of VIRGINIA BEACH ALLIANCE CHURCH for a
Conditional Use Permit for a gchool on the South side of
Indian River Road, 250 feet more or less East of Sinking Creek
Drive (5045 Indian River Road), containing 3.609 acres
(KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
2. Application of HYMAN WHOLESALE for a '-nditio
for motor vehiclp sal@R at the Northeast corner of Virginia
Beach Boulevard and Fountain Avenue (1932 Virginia Beach
Boulevard), containing 8400 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
3. Applications of DISABLED VETERANS OF VIRGINIA BEACH, INC., on
the South side of Bonney Road, 543.4 feet East of Kenley Road
(4915 Bonney Road), containing 1.45 acres (KEMPSVILLE
BOROUGH):
a. Conditional Chanae of Zonina District Classification from
R-5D Residential Dut)lex District to Conditional A-24
Apartment District,
b. Conditional Use Permit for a fraternal lodg-e.
Recommendation: APPROVAL
4. Application of CENTEX HOMES for a Change of Zoning District
Classification from B-2 Community :la --- .a r = to R-15
Residential District at the Northeast corner of Las Brisas
Drive and Sandbridge Road, containing 5.58 acres (PRINCESS
ANNE BOROUGH).
Recommendation: APPROVAL
5. Application of ROBERT & JANET KOTTKE for a Conditional Use
Permit for a school at the Northwest corner of Mill Dam Road
and Shoveller Avenue (1540 Mill Dam Road), containing 1.7
acres (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
6. Application of MICHAEL T. & ANNA MARIE BERTOLINO for a
Conditional Chanae of Zonina Distri t-t Cl AR-gi f i t-atlnn f rom R-10
Residential nistrict to Conditional R-2 Community Business
nigtrie,t on the North side of Mill Dam Road, 460 feet East of
North Great Neck Road (1548 Mill Dam Road), containing 1 acre
(LYNNHAVEN BOROUGH).
Recommendation: DENIAL
M. APPOINTMENTS
COMMUNITY SERVICES BOARD
EROSION COMMISSION
N. UNFINISHED BUSINESS
0. NEW BUSINESS
P. ADJOURNMENT
CITY COUNCIL SESSIONS RESCHEDULED
OCTOBER 22, 1996 TO OCTOBER 29, 1996
NOVEMBER 5, 1996 CANCELED
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
10/03/96BAP
AGENDA\10-08-96.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 8, 1996
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS for the 1,7RGINL4
BEACH CITY COUNCIL in the City Council Conference Room, City Ilall Building, on Tuesday, October
8, 1996 at 11:00 A.M.
Council Members Present.-
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis P- Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Linwood 0. Branc/4 III [ENTERED: AGENDA REk7EW SESSION
12:30 P.M.]
Louisa M. Strayhorn [ANAHEIM CALIFORNLI
AITENDINCY NATIONAL
TRANSPORTATION CONFERENCE]
2
CITY MANAGER'S BRIEFING
AUTOAL4TED COUNCIL AGEND,4 AND CITY WEB PAGE
11:00 A.M.
ITEM # 41294
Mayor Oberndorf ANNOUNCED the City Manager was attending the International City Manager's
Anwiadon Annual Conference in Washington, D. C October 5 - October 9, 1996. Oral Lambert, Chief
of &aff, will be acting in his stead.
Mr. Lambert introduced David Sullivan, Director of Information Technology.
Mr Sullivan advised the presentation would entail ;rirginia Beach's presence on the WorLd Wide Web,
and the possibility of automating the City Council Agenda Process, whereby the full City Council Agenda
would be available on the Internet to all citizens as well as Council Members. 77ie Planning Commission
is into the second month of distributing their agenda on the Internet Virginia Beach has had a presence
on the Internet since June. This is a World Wide Web Server (www.virginia-beach.va.us). 77tis site can
be accessed from anywhere in the World with a connection to the Internet.
Pam Ford, Citizen Services Coordinator - Office of @blic Information, distributed information relative
the presence of Virginia Beach on the World Wide Web, which is hereby made a part @f the record. Ms.
Ford @ed this site was established in January 1996 as a regional effort with seven (7) other Cities.
7he Public Information Office and the City has been actually communicating with citizens since 1988.
SID, the Electronic Bulletin Board, was programmed in 1988. Then, there was only one phone line into
the Bulletin Board for electronic access. Now, the Internet is worldwide. In February 1996, a committee
was formed that consisted of eight (8) departments re having a presence on the World Wide Web. 7he City
actually went on line the end of May, first part of June and in August 1996, the City had a full presence
on the Internet. 7he City was awarded the "Greater Hampton Roads, Site of the Week Award" in
August, which was based on content, ease of use, friendliness and availability to citizens. The award
allowed the City to have ten (IO)free radio spots aitnou)icing the City's site and location. As of September
1996, there were nineteen (19) City Departments on line, eight of those departments have coded the
informa@n themselves: Libraries, Parks and Recreation, Planning, Public Works, Video Services, Police
Deparbnent, Courb and School System. The Public Information Office with assistance from an Intern
Graphic Designer, formulated the home page and secondary page,
7he home page is divided into ten searchable buttons:
WIL4T's NEW
CITY SEARCH
COMMUNITY INVOLVEMENT
CITY SERVICES
CITY HALL
COUR7'S
NEWS AND EVENTS
TRAVEL AND TOURISM
BUSINESS
ECONOMICDEIIELOPMENT
Future plans for the site are interactive which would be a series of on-line forms where citl-ens could
register for i. e. Parks and Recreation classes, City employment, etc. 7he primary features of each of &he
pages are the Search and E-Mail addresses to allow citizens to send mail to the individual departments
rather than just sending group mail to the Public Information ()fflce-
For the first week of October, there were 17,714 "hits" (individuals clicking on particular files within the
Cigy's World Wide Web) on the site. Primarily, citizens are accessing the City Hall and Citizen Services
Guide. As far as individuals accessing from outside the United States, primarily these inquiries are fi-om
Canada. However, 'hits' have been received from Norway, Ciermany, Spain, the Russian Federation,
Sweder4 New Zealantt Japan, Australia and Ihailand.
October 8, 1996
- 3 -
CITY MANAGER'S BRIEFING
AUTOMATED COUNCIL AGENDA AND CITY WEB PAGE
11:00 A.M.
ITEM # 41294 (Continued)
Ms. Ford and Mr. Sullivan displayed a Web Site demo illustrating the 'City Hall Button', 'Government
1, "CouneU Button m, "Members Button " (contwning photo"he and biographies)
and 'A@ Ao*nda". 7he Agenda comes from the City Clerk@ Offtce and Ms. Ford does a few
formatting changes and places the City Seal on same. 7his is then shipped to the Internet Provider, a
con"ny based in Newport News. 7he City has a Regional Contract with the seven (7) cities in Hampton
Roads and James City County with this Internet Provider. 7he Provider has an on-line report which
reports usage-
Mr. Sullivan displayed dte Agenda of the Planning Commission, fully illustrated on the World W&de Web,
with staff comments and recommendations and site maps with zoning histories. 7he data reflects
appr@tely 40% of households have a home computer with approximately 20% connected to an online
service. A Search allows the user to type in key words to search and find locations containing these
words.
Mr. Sullivan also displayed the City of Chesapeake's Council "short" Agenda. 7he Board of Supervisors
in San Bernardino, California have a full Agenda on their World Wide Web. 7his particular agenda
contained over 60 items.
Mr. Sullivan invited City Council Members to practice on the "Lap tops ". 7he next City Budget is expected
to be 'on-line'. Planning has a "home page" on the Comprehensive Plan. 7he lap tops would entail
a cost of appr@tely $2,500 each. A personal printer would be approximately $500. Portable printers
are approximately $200-$.300.
Confidential Information would be printed andforwarded to City Council and not placed on the Internet.
However, a secure system could be devised through Electronic Mail to forward Confidential Infornwtion.
Council Lady Parker advised she had been meeting with David Sullivan, Director of Information
Technology, and Ruth Hodges &nith, City Clerk, to e"nd the process to enable a pilot projed of three
Council Members to receive the electronic information rather than having the Courier Delivery.
Mr. Sullivan advised there is no budget appropriation at the present time; however, the main expenditure
would be the equipment utilized by City Council.
Mr. Sullivan did not envision the computers replacing the fax machines.
7'he Mayor and City Council requested a cost proposal be presented to City Council including the entire
City Counci4 not just a pilot group.
October 8, 1996
- 4 -
CITY MANAGER'S BRIEFING
HOMELESS STATUS REPORT
11:50 A.M.
ITEM # 41295
Andrew Fri@m Director of Housing and Neighborhood Prescrvatior; advised on February 6, 19%,
City Council an ordinance to appropriate an $800,000 Gran4 and to authorize the City
Manager to enter Into an option contract for the purchase and rehabilitation of property that will serve
the homeless. On September 15, 19%, a group of five Trirignia Beach non-profit organizations were
awarded $972,000 to provide various services to the homeless. Mr. Friedman displayed the status report
with the utilization of slides. As a result of these two occurrences, new recommendations have been
developed 7he principles that guide in defining recommendations are as follows:
1. 7he problem that is being addressed has several facets, and
there are several types of problems that homeless people face.
7'herefore, a variety of approaches that creates a continuum of
services is necessary. No one single program will solve the
problem.
2 7he ability to provide solutions to the problem will require the
participation of many players, including the Federal
Government, our City Government, non-profit organizations,
churches and synagogues, and other community organizations.
Any proposal should seek to involve all those who can
contribute to a more comprehensive and beneficial solution.
3. 7here are several ongoing programs to assist the homeless that
have developed widespread community support and credibility.
77tese have value and should be preserved. We should not
attempt to create a wholly new progran4 but should rather
build on the strengths of existing progranu.
4. 77ie issue of capital costs cannot be considered independently
of operating costs. Any recommendation must also identify and
attempt to resolve the issue of operating costs.
5. Solutions should attempt to address a "continuum' of
opportunity concept, that provides various levels of programs
that help people with differing needs.
6 Solutions that are most likely to be approved will not result in
the creation of one large new site where all homeless activities
will occur. Rather, the dispersion of smaller sites and activities
will have less impact on their surrounding areas, and be more
likely to receive acceptance from all involved
7. 7he City should seek to preserve its capital investment through
grant and contractual arrangements, rather than through
direct ownership or operation of facilities
A balance should be sought between program stability and
provider competition. Competition can produce increased
effectiveness. However, an annual process of competition for
funds would create a situation where planning and process
improvement cannot occur due to funding uncertainty. In
addition, a large amount of additional administrative work to
conduct an RFP process, evaluate the proposals and write new
contracts would be required, but would not necessarily add any
value to the system. 7herefore, a niul(i-year process is
proposed.
October 8, 1996
- 5 -
CITY MANAG ER'S BR IEF ING
HOMELESS STATUSREPORT
ITEM # 41295 (Continued)
7his option is basically an idea proposed by Daniel Stone, Director of Social Services, in the Spring.
Dree are ftve elements to the option of Supportive Housing and Serpices:
1. Establish a "day service center" (NOT a shelter)
2. Establish transitional housing units
3. Purchase vehicles to enhance transportation
4. Continue the Winter Shelter Program
S. Assist Judea Christian Outreach to establish
their EducationIHealth Center.
7his option avoids the establishment of a "shelter", thus eliminating the necessity of making a mqior and
controversial land use decision. It significantly enhances the current system bypraviding support services
at a day center, andprovides significant opportunity for advancement through the combination of long-
term housing and services. 7he enhanced transportation service will contribute to the overall operation
of each itenl In addition, the continuation of the Winter Shelter Program means that all persons will be
able to be sheltered during extreme weather. A portion of the $800,000 would be granted to the Virginia
Beach Community Development Corporation to purchase, lease or contract for the creation of a "day
services center'. 7he day service center would require neither a conditional use permit nor a rezoning.
77ieresa Stanley, Winter Shelter Progran4 advised the churches are tired of not having a comprehensive
program for the population served 7his option would be a step forward in providing comprehensive
daytime support for people to transition out of hoinelessnesv.
Possible participants in this program, would be .Samaritan Ilouse, Community Development Corporation,
Community Alternatives, the Wesleyan Methodist Church and the Judeo-Christian Outreach.
7he transitional housing would focus on the single homeless, ]he Day Service Center would assist any
homeless person with no exclusion.
Daniel Stone, Director of Social Services, advised he could not speculate on the overall impact of welfare
reform. 7here is a good possibility when limitations are placed on persons who cannot retain jobs or who
cannotflnd jobs and continue to work these people may very well be affected by a lack of any entitlement.
At least the objective to invest in housing as opposed to a shelter provides flexibility to be utilized for the
future.
Mr. Frie&nan advised Sanwritan House was provided with $200,000 in funds to assist them in
maintaining the same shelter capacity which they previously had Each year, the City also assists
Samaritan House with operating expenses, but there currently is no plan to dramatically or somewhat
expand the family shelter.
At present $375,000 is an estimate for a site for Transitional Housing. At the time, a specific site has not
been determined Once the site and the cost associated with it is identified, the budget for the balance of
the activities could be determined. Depending upon the funds available, the number of housing units could
be determined 77tree persons per housing unit is anticipated with hopefully seven housing units being
available.
Dennis Wool, Director - Mental HealthIMental Retardation, advised this facility creates a continuum, so
that everyone does not have to go to the same place, all at the same time. Some individuals will be living
in houses and working night shifts. Some will be working day shifts and coming home at night. Some will
be going to the Judeo-Christian Outreach. Some will be going to the Day Service Center. 7he more
opportunities available, the less likelihood of creating an "island" where everyone must go.
BY CONSENSUS, City Council requested the City 5taff review the proposal from Judeo-Christian
Outreach in conjunction with the options presented to City Council to determine which would be the
preferable humane and permanent method to have the homeless establish themselves as functioning
members of the community.
October 8, 1996
- 6 -
CITY MANAGER'S BRIEFING
GOLF COURSE TASK FORCE
12:30 PM.
ITEM # 41296
Susan Waistor; Director of Parks and Recreation, introduced J. Fletcher Bryant, Member of the Parks
and Recreation Commission and Chair - Virginia Beach Golf Committee. Mr. Bryant extended
qweciadon to members of his Golf Committee:
Dean A. Ablowich
Council of Civic Organizations
Kenneth D. Barefoot
Developtizent Authority
7hontas F. Betz
Planning Commission
Dan H. Brockwell
Virginia Beach Vision, Inc.
Mary Heinricht
Environmental interests
Marty Palacios
Restaurant Association
Jimmy Capps
Resort Area Advisory Commission
Frederick W. Twyntan, III
Hampton Roads Chanzber of Comnzerce - Firginia Beach
Virginia Beact% with its historical heritage, natural resources such as the Atlantic Ocean, Chesapeake
Bay, two wildlife refuges and attractions like the world-class Virginia Marine Science Museun; has great
potential to create its own distinct identity as a golf destination. Additionally, Irirginia is home to a
number of famous names in golf, such as, Sam Snead, Lanny Wadkins and Curtis Strange. 7hese golfers
should be invited to add their names to Virginia Beach and thereby link our history, natural beauty and
attractions into a product that promotes golf and Virginia Beach. 7he 'links' concept ties the assets of
the City into a sound marketable package. Virginia Beach 6an capitalize on its natural beauty and
promote itself as a golf destination by becoming the "Links Capital of the East Coast". 7his will enable
Virginia Beach to develop a 'niche' theme in the golf market and to promote an international links
tournament base in Virginia Beach. Bayville is a "link" style golf course. Other more famous ones are
located in St. Andrews and Muirfield, Scotland. 7he Committee sees a tiered approach as viable:
7ler I - green feeslcart rental above $100
7ler 2 - green feeslcart rental $50-100
Iler 3 - green feeslcart rental below $50
Iler 4 - military courses
7here is an abundance of 77er 3s in Virginia Beach. 7he Committee wishes to serve all the citizens of
Virginia Beacp% on all levels. 77te Lake Ridge property is an outstanding opportunity and should be the
@tus to the City becoming a golf destination.
Red Mng should be improved immediately utilizing a golf course architect. Redesign of the existing 18
holes, addition of nine holes and learning center and construction of a new state-of-the art clubhouse
would raise Red Wing to Tier 2.
October 8, 1996
- 7 -
CITY MANAGER'S BRIEFING
GOLF COURSE TASK FORCE
ITEM # 41296 (Continued)
We& Neck Creek should also be elevated to a Tier 2 course. Additional property and reconftguration of
the proposed layout are needed 7U remaining public -use golf courses in the City, Including Dow Creek
and JromVvilk Greem Municoal courses, are our Iler 3 facilities. 7he long range plans for Dow Creek
and KempsvUle Greens Municipal Gotf Courses should be revisited and addressed with the improvements
for Red Mng facilities. Once Red WTng is upgraded an Agronomist should be added to staff to assist in
maintaining the quality of all municipal courses. 7hese courses should continue to be maintained and
operated for the recreational enjoyment of our residents.
Mr. Bryant highlighted the principal recommendations:
Develop a four or five star Resorl and two signature quality (Tier 1)
go(f courses on Lake Ridge property; a Resort is critical to the overall
plan. 7he developer of this complex must participate as a fall partner in
the final land use plan and development standards for Lake Ridge.
Create an identity for Virginia Beach as the "Links Capital of East
Coast' by a tiered approach to "links" style golf course development.
Elevate Red Wing Golf Course to championship quality (7-ter 2) by
immediately initiating the addition of nine holes and a learning center,
the renovation of the existing 18 holes, and a new modern clubhouse.
Elevate the proposed West Neck Creek Golf Course to championship
quality (77er 2) by reconfiguring the current layout with additional
property acquisition.
Provide afufl time position or effort toward golf development within the
@rtment of Economic Development.
Susan Walston advised the City is in the process of advertising for design of the Red Wing Golf Course,
which is funded in the Capital Improvement Program. Requests for Proposals stipulated not only desig@
but a phasing approac.% which allowed for construction of an additional nine holes, renovation of the
@dng 18 holes and a new club house. Ms. Walston advised construction would probably not begin until
1998. 7he funding in the Capitid Improvement Program is for design only.
October 8, 1996
- 8 -
AGENDA REVIEW SESSION
1:02 PM.
ITEM # 41297
Council Lady Parker referenced.-
J.2 Resolution to authorize the City Manager to submit an
application to the 14rginia Department of Transportation
(VDO7) for a grant to assist the City of Virginia Beach re
enhancing ongoing alternative fuels program.
Council Ladies Parker and Strayhorn attended the Alternative Fuel Vehicles demonstration and enjoyed
ri&ng in the Fire Truck. 7he City received an initial grant in 1992 to set up a pilot alternative fuel
program and again in 1995 for the conversion of the City's slow fill site to a fast fill site. At this time,
the City believes that compressed natural gas vehicles are the most effective way for the City to meet
Clean Air Act requirements. 7he present fleet of alternative fiiel vehicles consists of one police car, one
lawn mower and one 314 ton van.
ITEM # 41298
BY CONSENSU@ the following items shall compose the CONSENT AGENDA:
RESOLUTIONSIORDINANCES
J.1 Resolution to authorize the issuance and sale of $5,000,000
General Obligation School Bonds, Series 19964, of the City of
Virginia Beach from the Literary Fund to the Virginia Public
School Authority re financing a portion of the costs of
Corporate Landing Middle School.
J.2 Resolution to authorize the City Manager to submit an
application to the Virginia Department of Transportation
(VDOT) for a grant to assist the City of Virginia Beach re
enhancing ongoing alternative fuels program.
KI Ordinances retheFireDepartment's FY-1996-1997 Operating
Budget:
a. APPROPRL4TE $7,400 from the Fire Pducation Gift Fund
Balance re purchasing equipment for fire educational
programs.
b. APPROPRL4TE $5,500 from the Fire Store Special Revenue
Fund Balance re purchasing equipment for the Fire Training
Center.
K2 Ordinance to authorize a temporary encroachment into a
portion of a 120-foot drainage easement and a 15-foot
maintenance easement to LARRY E. and "Y BETH
RUSSELL re construction and maintenance of a bulkhead with
attached dock at the rear of 829 Costa Grande Drive
(PRINCESS ANNE BOROU(;Il).
K3 CERTIFICATE OF PUBLIC CONVFNIENCE AND
NECESSITY.-
Land Yachts
K4 Ordinance to authorize License Refunds in the amount of
$2,487.09.
October 8, 1996
- 9 -
AGENDA REVIEW SESSION
ITEM # 41299
Councibnan Harrison requested this item be discussed during the Formal Session:
L.2 Application of HYMAN WHOLESALE for a
Permit for motor vehicle sale at the Northeast corner of
Virginia Beach Boulevard and Fountain Avenue (1932 Virginia
Beach Boulevard), containing 8400 square feet (LYNNHAVEN
BOROUGH).
ITEM # 41300
Council Lady Parker inquired if the applicant was agreeable to revisions in the site plan:
L3 Applications of DISABLED VETERANS OF 117RGINL4
BEACH, INC., on the South side of Bonney Road, 543.4 feet
East of Kenley Road (4915 Bonney Road), containing 1.45
acres (KEMPSI,7LLE BOROUGII):
a. Conditional Change of Zonitig District Classirication from R--
5D Residential D14plex District to Conditional A -24 A12artment
District,
b. Conditional Use Permit for a fraternal lodge.
Karen L*uley, Operations Division Co-Ordinator, advised the applicant has agreed in principle and will
submit revised renderings prior to final site plan submittal for approval by the Planning Director.
ITEM # 41301
Vice Mayor Sessoms advised Centrex Homes is requesting a 30 day deferral:
L.4 Application of CENTEX HOMES for a Chanee 12f 7,oning
District Classiricatim from B-2 Community Business District
to R-15 Residential District at the Northeast corner of Las
Brisas Drive and 5andbridge I?oad, containing 5.58 acres
(PRINCE&@ ANNE BOROUCll).
ITEM # 41302
77se City Clerk advised City Council, correspondence had been received from Attorney Jonathan L. Hauer
requesting OWHDRAWAL:
L6 Application of MICHAEL T. & ANNA AL4RIE BERTOLINO
for a Conditional Change 12f Zoning DistLz:ct Classirication from
R-10 Residential District to Conditional B-2 Community
Business District on the North side of Mill Dam Road, 460 feet
East of North Great Neck Road (1548 Mill Dam I?oad),
containing 1 acre (IYNNIL41TN BOROU(;Il)
October 8, 1996
- 10 -
AGENDA RE VIEW SESSION
ITEM # 41303
BY CONSENSU,% the following items shall compose the PLANNING BY CONSEN7'AGEIVDA:
LI Application of 1-7RGINL4 BEACH ALLLTNCE CHURCH for
a Conditional Use Permit for a school on the South side of
Indian River Road, 250 feet more or less East of Sinking Creek
Drive (5045 Indian River Road), containing 3.609 acres
(KEMPSVILLE BOROUGII).
L3 Applications of DISABLED VETERANS OF MGINL4
BEACH, INC., on the South side of Bonney Road, 543.4 feet
East of Kenley Road (4915 Bonney Road). containing 1.45
acres (KEMPSVIILE BOROUGII):
a. Conditional Change of Zoning District Class-i@i ation from R-
5D Residential DI(12lex District to Conditional A -24 Apartment
District,
b. Conditional Use Permit for a fraternal lodge.
L.4 Application of CENTEX HOMES for a Change of Zoning
District Class&ation from B-2 Communify Business District
to R-15 Residential District at the Northeast corner of Las
Brisas Drive and Sandbridge Road, containing 5.58 acres
(PRINCESS ANNF BOI?OUCII).
L.5 Application of ROBERT & JANET KOTTKE for a Conditional
Use Permit for a school at the Northwest corner of Mill Dam
Road and Shoveller Avenue (1540 Mill Dam Road), containing
1. 7 acres (LYNNHA VEN BOROUGII).
L6 Application of MICHAEL T. & ANNA E BERTOLINO
for a Conditional Change Qf Zoning District Classirication from
R-10 Residential District to Conditional B-2 Community
Business District on the North side of Mill Dam Road, 460 feet
East of North (,'real Neck Road (1548 Mill Dam Road),
containing I acre (LYNNIL4VFN BOI?OUGII).
I
Item L4 will be DEFERRED FOR THIRTY DAYS BY CONSENT.
Item L. 5 and L.6 ff7LL BE WITHDRAWN BY CONSENT.
October 8, 1996
- 11 -
CITY COUNCIL CONCERNS
1:05 P.M.
ITEM # 41304
Mayor Oberndorf referenced legislation re comnaunication. 7he City is likely to lose its franchising ability
and need to know the amount of revenue to be deleted. As the telephone companies come into the cable
fleld and as the cable companies go into providing phone service, they are arguing that they should not
be covered by any @ use laws of any locality and should not have to pay a franchise fee. 7here is a
cable company suing the City of Dearboryi, Michigan, and that City Council is fighting single handedly
because they stand to lose a lot of revenue for their general fund.
Mr. Lambert will advise the City Council relative this issue.
ITEM # 41305
Mayor Oberndorf advised Melody Cooper, Ilresident of the rzrgiiiia Beach Education Association, has
two 30-second commercials, to share with the City Council, while the City Council is eating lunch.
ITEM # 41306
Council Members Baum and Henley referenced correspondence from Jerald Banagan, Real Estate
Assessor, relative Land Use (Forest) Taxation. A Briefing was requested.
ITEM # 41307
Mr. C Oral Lamber4 Chief of Staff, referenced concerns from Council Members relative the weather and
flooding. 7hePublicWorksforwardedareportconcerningntinorfloodingalongtheCoasta[Zonesand
in the southern portion of the City. Obstructions are attempted to be cleared where identified. Road crews
are outputting up 'High Water" signs. Crews will be kept on during the night, if necessary. 7he high
tide is early tomorrow morning and will be monitored.
Council Lady Henley advised the southern portion of the City, probably Niigo more than Blackwater, has
had a terrible @er because of the tidal flooding. Council Lady Ifenley hoped this is a 'fifty year
experience' and will not happen too often; however, if there has been ally learning experience fi-om this
that could be sharer she would appreciate knowing to be able to reply to her constituents.
Councibnan Baum advised there have been many questions from the landowners for many years why the
City has no programs to reopen these large canals. 7he canalv cannot be cleaned out because of the
Wetlands provisions. 7he material can be dug out of the canal, but not placed anywhere. 7'he 1972 Clean
Water Act went beyond the intent of the law in redefining wetlands
October 8, 1996
- 12 -
ITEM # 41308
Mayor Meyera E ObemdDrf called to order the INFORMAL SESSION of the 1,7AGINL4 BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on 7'uesday, October 8 1996, at
1:20 P.M.
Council Members Present:
Jbhn A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and rice Mayor William
D. Sessoms, Jr.
Council Meinbers Absent:
Louisa M. Strayhorn
October 8, 1996
- 13 -
ITEM # 41309
Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIM
SESSION, pursuant to Section 2 1 -344, Code of Krginia, as amended, for the following purpose:
PE,RSONNEL AL47TFRS- Discussion or consideration of or interviews
of prospective candidates for employment, assignment appoinhnent,
promotion performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
21-344 (A) (1).
To Wi t: Appointments - Boards and Commissions:
Community Services Board
Erosion Commission
PUBLJCLY-HELD PROPERTY, Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To - Wi t: Bayside Borough
Nngo Borough
Upon motion by Trice Mayor Sessotm, seconded by Council Lady Parker, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Ilarrison, Jr., Harold
Heischober, Barbara M Henley, Louis R. Jones, Reba S McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker and Ytce Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Meynbers Absent.
Louisa M. Strayhorn
October 8, 1996
- 14 -
FORMAL SESION
1,7RGINL4 BEACH CITY COUNCIL
October 8,1996
2:10 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the 117RGINL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 8, 1996, at 2:10 P.M.
Council Members Present.
John A. Baum, Linwood 0. Brancl; III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Absent:
Louisa M. Strayhorn [ANAHEIM, CALIFORNL4
A TFENDING NATIONAL
7'R,tNSPORTATION CONFERENCE]
INVOCATION. Reverend C Marcus Engdahl
Lutheran Church of the Good Shepherd
PLEDGE OF ALLEGIANCE TO THE FL4G OF THE UNITED STATES OF AMERICA
October 8, 1996
- 15 -
ition V-E.
CER77FIC4TION OF
EXECUTIVE SESSION
ITEM # 41310
UPon motion bY Ftce MaYOr SESSOM, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUT@ SESSION TO BE IN ACCORDANCE 97TH THE MOTION To RECESS
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Councit
Voting: 9-0
Council Members Voting Aye:
John A. Bawn, William W. Harrison, Jr., Harold Ifeischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K Parker and rice Mayor William D. gessotm, Jr
Council Meinbers Voting Nay:
None
Council Members Absent.-
Linwood 0. Branch, III and Louisa M. Strayhorn
October 8, 1996
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS:'fbe Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 41309 Page No. 13 and in accordance with
the provisions of 'Me 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 confoffnity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
R6'th Hodges Smith, CMC/AAE
City Clerk October 8, 1996
- 16 -
item V-El.
AUNUTES ITEM # 41311
Upon motion by ;rice Mayor Sessonw, seconded by Council Lady Parker, City Council APPITOVED, the
Minutes of the INFO AND FORMAL SESSIONS of October 1, 1996.
Voting: 8-0
Council Meinbers Voting Aye:
John A. Bawn, Harold Heischober, Barbara M. Henley, Louis R Jones,
Reba & McCianan, Mayor Meyera E. Oberndorf, Nancy K Parker and
Ilice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
Linwood 0. Branch, III and Louisa M. Strayhorn
Council Member Harrison ABSTAINED as he was not in attendance during the City Council Session of
October 1, 1996.
October 8, 1996
- 17 -
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 41312
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
I
October & 1996
18 -
IATRODUCTION ITEM # 41313
Mayor Oberndorf introduced the OLD BOYS BAND from the City's Sister City of Moss, NorwaY.
Moss, Norway is a magnificent City with a population of approximately 24,000. 7he Norwegian Lady's
Twin Sister is now standing on the edge of the Atlantic Ocean, facing our Statue on the Shore of 25th
Street facing the Atlantic Ocean.
7'he Old Boys Band performed for the 275[h Anniversary of the City of Moss, Norway.
Mayor Oberndorf introduced:
LEIF ARILD HOLME
Chairnwn of the Board
RAGNAR SAND PEDERSEN
Conductor
PER LINDBERG
Tour Arratigententy
Mayor Oberndorf expressed appreciation to Councilman Branch for his extraordinary hospitality and
representing the Mayor this weekend.
Mayor Oberndorf presented each gentleman with a token t)f the City.
K2y Griggs, Liaison with Sister City of Mosv, Norway, advised two occasions were celebrated last
weekend: Leif Erikson Day and the Nobel Peace Irize announcements in Norway.
Leif Hahne presented the Mayor with gifts of friendship.
7he Old Boys Band perfor7ned two selections.
7'he Ladies explained the Norwegian dresses illustrating the designs from different cities in Norway. 7he
Blue and ff*ite Uniform with wild violets is the offzcial dress of the City of Moss.
City Seals were presented to all in attendance.
October 8, 1996
19 -
pRoCLAAL4TION ITEM # 41314
Mayor Oberndorf PROCL,4IMED:
OCTOBER 17,1996
7HE DAY FOR THE ERADICATION OF POVERTY
gster Cities International is celebrating its 40th Anniversary in 1996. 7he General Assembly of the
United Nations has declared 1996 to be the Year for the eradication of poverty and has named the
Seventeenth of October as the day for the eradication of poverty
7'his PROCL4MATION will be forwarded to the Sister Cities International and the United Nations.
October & 1996
- 20 -
item V-J.
CONSEA'T AGENDA
RESOLUTIONS ITEM # 41315
Upon motion by Vice Mayor Sessonw, seconded by Councilman Brancl; City Council APPROVED BY
CONSEA7 in ONE MOTION Items I and 2 of Resolutions.
Voting: 10-0
Council Members Voting Aye:
Jbhn A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
Louisa M. Strayhorn
October 8, 1996
- 21 -
item V-J.I.
CONSEA'T AGEND,4
RESOLUTIONS ITEM # 41316
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Branc& City Council ADOPTED.
Resolution to authorize the issuance and sale of $5,000,000 General
ObUgadon School Bonds, Series 1996A, of the City of Virginia Beach
fi-mn the Literary Fund to the Virginia Public School Authority re
financing a portion of the costs of Corporate Landing Middle SchooL
Voting: 10-0 (By Consent)
Council Meinbers Voting Aye:
John A. Baum, Linwood 0. Brancb, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Louisa M. Strayhorn
October 8, 1996
1
2 RESOLUTION PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED
3 $5,000*000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 1996A,
4 OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
5 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
6 AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
7 WHEREAS, in January 1996, the Commonwealth of Virginia Board
8 of Education (the "Board of Education") placed the application (the
9 "Application") of the School Board of the City of Virginia Beach,
10 Virginia (the "School Board"), for a loan of $5,000,000 (the
11 "Literary Fund Loan") from the Literary Fund, a permanent trust
12 fund established by the Constitution of Virginia (the "Literary
13 Fund"), for the construction, renovation and expansion of school
14 buildings (the "Project") in the City of Virginia Beach, Virginia
15 (the "City"), on the First Priority Waiting List;
16 WHEREAS, the Board of Education was to have approved the
17 release of Literary Fund moneys to the School Board and make a
18 commitment to loan such moneys to the School Board (the "Commit-
19 ment") within one (1) year of placement of the Application on the
20 First Priority Waiting List upon receipt, by the Literary Fund, of
21 an unencumbered sum available at least equal to the amount of the
22 Application, and the approval, by the Board of Education, of the
23 Application as having met all conditions for a loan from the
24 Literary Fund;
25 WHEREAS, the Board of Education was thereafter to have given
26 advances on the amount of the Commitment for the Literary Fund Loan
27 to the School Board, as construction or renovation of the Project
28 progressed, in exchange for temporary notes from the School Board
29 to the Literary Fund (the "Temporary Notes") for the amounts so
30 advanced;
31 WHEREAS, after the completion of the Project and the advance
32 of the total amount of the Commitment, the Temporary Notes were to
33 have been consolidated into a permanent loan note of the School
34 Board to the Literary Fund (the "Literary Fund Obligation") which
35 was to evidence the obligation of the School Board to repay the
36 Literary Fund Loan;
37 WHEREAS, the Literary Fund obligation was to have borne
38 interest at three percent (3%) per annum and mature in annual
39 installments for a period of twenty (20) years;
4 0 WHEREAS, in connection with the 1996 Interest Rate Subsidy
41 Program (the "Program") , the Virginia Public School Authority (the
42 IIVPSAII) has offered to purchase general obligation school bonds of
43 the City, and the Board of Education has offered to pay, to the
44 City, a lump sum cash payment (the "Lump Sum Cash Payment") equal
45 to the sum of (i) net present value difference, determined on the
46 date on which the VPSA sells its bonds, between the weighted
47 average interest rate that the general obligation school bonds of
48 the City will bear upon sale to the VPSA and the interest rate that
49 the Literary Fund obligation would have borne plus (ii) an
50 allowance for the costs of issuing such bonds of the City (the
51 "Issuance Expense Allowance");
52 WHEREAS, the Council of the City (the "Council") has deter-
53 mined that it is necessary and expedient to borrow not to exceed
54 $5,000,000 and to issue its general obligation school bonds for the
55 purpose of financing certain capital projects for school purposes;
56 WHEREAS, the City held a public hearing, duly noticed, on May
57 2, 1995, on the issuance of the Bonds (as defined below) in
58 accordance with the requirements of Section 15.1-227.8.A, Code of
59 Virginia 1950, as amended (the "Virginia Code"); and
60 WHEREAS, the issuance of $51,100,000 of bonds of the City was
61 authorized by an ordinance adopted by the council on May 9, 1995,
62 without being submitted to the qualified voters of the City, to
63 finance various public improvements, including schools, roadways,
64 economic and tourism and building projects, $15,000,000 of which
65 bonds have been issued and sold;
66 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
67 OF VIRGINIA BEACH, VIRGINIA:
68 1. Issuance of Bonds and Use of Proceeds. The Council hereby
69 determines that it is advisable to contract a debt and issue and
70 sell its general obligation school bonds in an aggregate principal
71 amount not to exceed $5,000,000 (the "Bonds") for the purpose of
72 financing certain capital projects for school purposes. The
73 council hereby authorizes the issuance and sale of the Bonds in the
74 form and upon the terms established pursuant to this Resolution.
75 2. Sale of the Bonds. It is determined to be in the best
76 interest of the City to accept the offer of the Virginia Public
2
77 School Authority (the IIVPSAII) to purchase from the City, and to
78 sell to the VPSA ' the Bonds at par upon the terms established
79 pursuant to this Resolution. The Mayor, the City Manager and such
80 officer or officers of the City as either may designate are hereby
81 authorized and directed to enter into a Bond Sale Agreement dated
82 as of October 16, 1996, with the VPSA providing for the sale of the
83 Bonds to the VPSA in substantially the form submitted to the
84 Council at this meeting, which form is hereby approved (the "Bond
85 Sale Agreement").
86 3. Details of the Bonds. The Bonds shall be issuable in
87 fully registered form; shall be dated the date of issuance and
88 delivery of the Bonds; shall be designated "General obligation
89 School Bonds, Series 1996A"; shall bear interest from the date of
90 delivery thereof payable semi-annually on each January 15 and July
91 15 beginning July 15, 1997 (each an "Interest Payment Date") , at
92 the rates established in accordance with Section 4 of this
93 Resolution; and shall mature on July 15 in the years (each a
94 "Principal Payment Date") and in the amounts set forth on Schedule
95 I attached hereto (the "Principal Installments"), subject to the
96 provisions of Section 4 of this Resolution.
97 4. Interest Rates and Princival Installments. The City
98 Manager is hereby authorized and directed to accept the interest
99 rates on the Bonds established by the VPSA, provided that each
100 interest rate shall be ten one-hundredths of one percent (0.10%)
101 over the interest rate to be paid by the VPSA for the corresponding
102 principal payment date of the bonds to be issued by the VPSA (the
103 IIVPSA Bonds"), a portion of the proceeds of which will be used to
104 purchase the Bonds; and provided further, that the true interest
105 cost of the Bonds does not exceed eight percent (8%) per annum.
106 The Interest Payment Dates and the Principal Installments are
107 subject to change at the request of the VPSA. The City Manager is
108 hereby authorized and directed to accept changes in the Interest
109 Payment Dates and the Principal Installments at the request of the
110 VPSA, provided that the aggregate principal amount of the Bonds
ill shall not exceed the amount authorized by this Resolution. The
112 execution and delivery of the Bonds as described in Section 8
113 hereof shall conclusively evidence such interest rates established
3
114 by the VPSA and Interest Payment Dates and the Principal Install-
115 ments requested by the VPSA as having been so accepted as autho-
116 rized by this Resolution.
117 5. Form of the Bonds. For as long as the VPSA is the
118 registered owner of the Bonds, the Bonds shall be in the form of a
119 single, temporary typewritten bond substantially in the form
120 attached hereto as Exhibit A.
121 6. Payment; Paying Agent and Bond Registrar. The following
122 provisions shall apply to the Bonds:
123 (a) For as long as the VPSA is the registered owner of the
124 Bonds, all payments of principal, premium, if any, and interest on
125 the Bonds shall be made in immediately available funds to the VPSA
126 at, or before, 11:00 a.m. on the applicable Interest Payment Date
127 or Principal Payment Date, or if such date is not a business day
128 for Virginia banks or for the Commonwealth of Virginia, then at, or
129 before, 11:00 a.m. on the business day next preceding such Interest
130 Payment Date or Principal Payment Date.
131 (b) All overdue payments of principal and, to the extent
132 permitted by law, interest shall bear interest at the applicable
133 interest rate or rates on the Bonds.
134 (c) Signet Trust Company, Richmond, Virginia, is designated
135 as Bond Registrar and Paying Agent for the Bonds.
136 7. No Redemption or PrepaVment. The Principal Installments
137 of the Bonds shall not be subject to redemption or prepayment.
138 Furthermore, the Council covenants, on behalf of the City, not to
139 refund or refinance the Bonds without first obtaining the written
140 consent of the VPSA or the registered owner of the Bonds.
141 8. Execution of the Bonds. The Mayor or Vice Mayor and the
142 City Clerk or any Deputy City Clerk are authorized and directed to
143 execute and deliver the Bonds and to affix the seal of the City
144 thereto.
145 9. Pledge of Full Faith and Credit. For the prompt payment
146 of the principal of and premium, if any, and the interest on the
147 Bonds as the same shall become due, the full faith and credit of
148 the City are hereby irrevocably pledged, and in each year while any
149 of the Bonds shall be outstanding there shall be levied and
150 collected in accordance with law an annual ad valorem tax upon all
4
151 taxable property in the City subject to local taxation sufficient
152 in amount to provide for the payment of the principal of and
153 premium, if any, and the interest on the Bonds as such principal,
154 premium, if any, and interest shall become due, which tax shall be
155 without limitation as to rate or amount and in addition to all
156 other taxes authorized to be levied in the City to the extent other
157 funds of the City are not lawfully available and appropriated for
158 such purpose.
159 10. Use of Proceeds Certificate and Certificate as to
160 Arbitrage. The Mayor, the City Manager and such officer or
161 officers of the City as either nay designate are hereby authorized
162 and directed to execute a Certificate as to Arbitrage and a Use of
163 Proceeds Certificate each setting forth the expected use and
164 investment of the proceeds of the Bonds and containing such
165 covenants as may be necessary in order to show compliance with the
166 provisions of the Internal Revenue Code of 1986, as amended (the
167 "Code"), and applicable regulations relating to the exclusion from
168 gross income of interest on the Bonds and on the VPSA Bonds except
169 as provided below. The Council covenants on behalf of the City
170 that (i) the proceeds from the issuance and sale of the Bonds will
171 be invested and expended as set forth in such Certificate as to
172 Arbitrage and such Use of Proceeds Certificate and that the City
173 shall comply with the other covenants and representations contained
174 therein and (ii) the City shall comply with the provisions of the
175 Code so that interest on the Bonds and on the VPSA Bonds will
176 remain excludable from gross income for Federal income tax
177 purposes.
178 ii. State Non-Arbitrage Program: Proceeds Agreement. The
179 Council hereby determines that it is in the best interests of the
180 City to authorize and direct the City Treasurer to participate in
181 the State Non-Arbitrage Program in connection with the Bonds. The
182 Mayor, the City Manager and such officer or officers of the City as
183 either may designate are hereby authorized and directed to execute
184 and deliver a Proceeds Agreement with respect to the deposit and
185 investment of proceeds of the Bonds by and among the City, the
186 other participants in the sale of the VPSA Bonds, the VPSA, the
187 investment manager and the depository, substantially in the form
5
188 submitted to the Council at this meeting, which form is hereby
189 approved.
190 12. Continuing Disclosure Agreement. The Mayor, the City
191 Manager and such officer or officers of the City as either may
192 designate are hereby authorized and directed to execute a Continu-
193 ing Disclosure Agreement, as set forth in Appendix F to the Bond
194 Sale Agreement, setting forth the reports and notices to be filed
195 by the City and containing such covenants as may be necessary in
196 order to show compliance with the provisions of the Securities and
197 Exchange Commission Rule 15c2-12.
198 13. Further Actions. The members of the Council and all
199 officers, employees and agents of the City are hereby authorized to
200 take such action as they or any one of them may consider necessary
201 or desirable in connection with the issuance and sale of the Bonds
202 and any such action previously taken is hereby ratified and
203 confirmed.
2 04 14. Ef f ective Date. This Resolution shall take effect
205 immediately.
206 Adopted by the Council of the City of Virginia Beach,
207 Virginia, on the @hthday of October 1996.
208 CA-6453
209 ORDIN\NONCODE\VPSAl.RES
210 R-1
211 PREPARED: 09/27/96
APPROYED AS TO CONTENT
Finance Department
APPROVED AS TO LEGAL
SUFF'ICEENCY
-tartmenl orlaiv
D
6
EXHIBIT A
(FORM OF TEKPORARY BOND)
NO. TR-1
UNITED STATES OF AKERICA
COMMONWP.ALTH OP VIRGINIA
CITY or VIRGINIA BEACH
General obligation School Bond
Series 1996A
The CITY OF VIRGINIA BRACHL VIRGINIA (the "City"), for value
received, hereby acknowledges itself indebted and promises to pay
to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of
DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto
payable on July 15, 1997 and annually on July 15 thereafter to and
including July 15, 2016 (each a "Principal Payment Date"), together
with interest from the date of this Bond on the unpaid install-
ments, payable semi-annually on January 15 and July 15 of each
year, commencing on July 15, 1997 (each an "Interest Payment Date";
together with any Principal Payment Date, a "Payment Date"), at the
rates per annum set forth on Schedule I attached hereto, subject to
prepayment or redemption as hereinafter provided. Both principal
of and interest on this Bond are payable in lawful money of the
United States of America.
For as long as the Virginia Public School Authority is the
registered owner of this Bond, Signet Trust Company, Richmond,
Virginia, as bond registrar (the "Bond Registrar"), shall make all
payments of principal, premium, if any, and interest on this Bond,
without the presentation or surrender hereof, to the Virginia
Public School Authority, in immediately available funds at or
before 11:00 a.m. on the applicable Payment Date or date fixed for
prepayment or redemption. If a Payment Date or date fixed for
prepayment or redemption is not a business day for banks in the
Commonwealth of Virginia or for the Commonwealth of Virginia, then
the payment of principal, premium, if any, or interest on this Bond
shall be made in immediately available funds at or before 11:00
a.m. on the business day next preceding the scheduled Payment Date
or date f ixed for prepayment or redemption. Upon receipt by the
A-1
registered owner of this Bond of said payments of principal,
premium, if any, and interest, written acknowledgment of the
receipt thereof shall be given promptly to the Bond Registrar, and
the City shall be fully discharged of its obligation on this Bond
to the extent of the payment so made. Upon final payment, this
Bond shall be surrendered to the Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged
for the payment of the principal of and the premium, if any, and
interest on this Bond. The resolution adopted by the City Council
authorizing the issuance of the Bonds provides, and Section 15.1-
227.25 of the Code of Virginia 1950, as amended, requires, that
there shall be levied and collected an annual tax upon all taxable
property in the City subject to local taxation sufficient to
provide for the payment of the principal, premium, if any, and
interest on this Bond as the same shall become due which tax shall
be without limitation as to rate or amount and shall be in addition
to all other taxes authorized to be levied in the City to the
extent other funds of the City are not lawfully available and
appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and
pursuant to the Constitution and laws of the Commonwealth of
Virginia, including the Public Finance Act of 1991, Chapter 5.1,
Title 15.1, Code of Virginia 1950, as amended, and resolutions duly
adopted by the City Council and the School Board of the City to
provide funds for capital projects for school purposes.
This Bond may be exchanged without cost at the office of the
Bond Registrar for an equal aggregate principal amount of bonds in
definitive form having maturities and bearing interest at rates
corresponding to the maturities of and the interest rates on the
installments of principal of this Bond then unpaid, issuable in
fully registered form in denominations of $5,000 and whole
multiples thereof. On twenty (20) days written notice from the
Virginia Public School Authority, the City shall deliver, at its
expense, this Bond in marketable form, in exchange for the
temporary typewritten Bond.
This Bond is registered in the name of the Virginia Public
School Authority on the books of the City kept by the Bond
Registrar, and the transfer of this Bond may be effected by the
registered owner of this Bond only upon due execution of an
assignment by such registered owner. Upon receipt of such
assignment and the surrender of this Bond, the Bond Registrar shall
exchange this Bond for definitive Bonds as hereinabove provided,
such definitive Bonds to be registered on such registration books
in the name of the assignee or assignees named in such assignment.
The principal installments of this Bond are not subject to
redemption or prepayment.
A-2
All acts, conditions and things required by the Constitution
and laws of the Commonwealth of Virginia to happen, exist or be
performed precedent to and in the issuance of this Bond have hap-
pened, exist and have been performed in due time, form and manner
as so required, and this Bond, together with all other indebtedness
of the City, is within every debt and other limit prescribed by the
Constitution and laws of the Commonwealth of Virginia.
IN WITNESO WHEREOF, the City of Virginia Beach, Virginia, has
caused this Bond to be issued in the name of the City of Virginia
Beach, Virginia, to be signed by its Mayor or Vice Mayor, its seal
to be affixed hereto and attested by the signature of its Clerk or
any of its Deputy Clerks, and this Bond to be dated
1996.
ATTEST:
Clerk, City of Virginia Mayor, City of Vir inia Beach,
Beach, Virginia Virginia
A-3
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and
transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to
exchange said Bond for definitive bonds in leu of which this Bond
is issued and to register the transfer of such definitive bonds on
the books kept for registration thereof, with full power of
substitution in the premises.
Date:
Registered Owner
Signature Guaranteed: (NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
(NOTICE: Signature(s) must be appears on the front of this
guaranteed by a member firm of Bond in every particular,
the New York Stock Exchange or without alteration or change.)
a commercial bank or trust
company.)
A-4
SCHEDULE I
CITY 07 VIRGINIA BZACBE VIRGINIA
6 0 0 1996A
xm AMOUNT
0
VUTG@ PUBLIC SCHOOL AUTHORITY
BOND SALE AGREEMENT
dated as of October 16, 1996
Name of Jurisdiction (the "Local Unit"): I -
Sale Date: Not earlier than October 28, nor later than November 7, 1996
Closing Date: On or about November 14, 1996
Principal Amount (Not to Exceed): 2 -
Amortization Period: Up to Twenty (20) Years
1 'ne Virginia Public School Authority ("VPSA') hereby offers to purchase your general
obligation school bonds in an amount not to exceed the Principal Amount set forth above
from the proceeds of the VPSA's bonds, the sale of which is scheduled to take place on the
Sale Date.
2. You represent that on or before October 16, 1996, your local governing body will have duly
autho@ the issuance of your bonds by adopting a resolution in the form attached hereto
as Appendix B (the "local resolution') and that your bonds will be in the form set forth in
the local resolution. Any changes that you or your counsel wish to make to the form of the
local resolution and/or your bonds must be approved by the VPSA prior to adoption of the
local resolution by your local governing body.'
3. You hereby covenant that you will comply with and carry out all of the provisions of the
Continuing Disclosure Agreement in the form attached hereto as Appendix F, which
agreement is hereby incorporated by reference herein and expressly made a part hereof for
all purposes. 'ne VPSA will advise you by September I of each year as to whether you
were a Material Obligated Person ('MOP') as of the end of the preceding fiscal year and
will also advise you of your status as a MOP as of any other date upon your written request.
You hereby covenant that (i) if you are a MOP and (ii) the VPSA is issuing additional
obligations, that you will (a) make such additional @gs, if any, as in your judgement are
necessary, with Nationally Recognized Municipal Securities Information Repositories
(*NRMSIRs") and the Municipal Securities Rulemaidng Board ("MSRBO) to make the
information on file with NRMSERs and the MSRB true, correct and complete and (b) deliver
to the VPSA upon the date of delivery of its obligations, a certificate that the information
on file, taken together, is true and correct, and did not as of the date of filing, and does not
as of the date of delivery of the VPSA obligations, contain any untrue statement of a
7he local resolution has been dra
.ftedfor the issuance of bonds by a County. Bond
counsel will need to make appropriate changes in the Wal resolution for the issuance
of bonds by a City or Town.
material fact or omit to state a material fact which should be included therein for the
purpose for which the filings are to be used, or which is necessary in order to make the
statements contained therein, in light of the circumstances under which they were made, not
misleading.
4. VPSA's commitment to purchase your bonds is contingent upon VPSA's receipt on the
Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms
and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution
and the school board resolution (see Appendix E attached hereto), (c) an executed
agreement, among VPSA, you and the other local units simultaneously selling their bonds
to VPSA, Central Fidelity National Bank and Commonwealth Investment Counsel, Inc., the
depository and the investment manager, respectively, for the State Non-Arbitrage Program
('SNAP'), providing for the custody, investment and disbursement of the proceeds of your
bonds and the other general obligation school bonds, and the payment by you and the other
local units of the allocable, associated costs of compliance with the Internal Revenue Code
of 1986, as amended, and any costs incurred in connection with your participation in SNAP
(the "Proceeds Agreement"), (d) an executed copy of the Use of Proceeds Certificate in the
form attached hereto as Appendix C, (e) an approving legal opinion from your bond counsel
in form satisfactory to VPSA as to (i) the validity of the bonds and the exclusion from gross
income for federal and Virginia income tax purposes of the interest on your bonds, (ii) the
conformity of the terms and provisions of your bonds to the requirements of this Bond Sale
Agreement including the appendices attached hereto, and (iii) the due authorization,
execution and delivery of this Bond Sale Agreement, Continuing Disclosure Agreement and
the Proceeds Agreement, and the validity of the Continuing Disclosure Agreement and the
Proceeds Agreement, (f) a transcript of the other customary closing documents not listed
above, and (g) the proceeds of VPSA's bonds. Two complete transcripts (one original) of
the documents listed above shall be provided by your counsel to the VPSA on the Closing
Date or, with VPSA's permission, as soon as practicable thereafter but in no event more
than ten (10) business days after the Closing Date.
4. This Bond Sale Agreement shall take effect on October 16, 1996.
Virginia Public School Authority I -
By: By:
Authorized VPSA Representative
Name:
Title:
g:\S@D\DEB'nVPSA\ISSUE\96b\&U.90b S"t@ 17, 1996
(For information only; not part of the Bond Sale Agreement.)
Please have the presiding officer, or other specifically designated agent, of your governing body
execute 2 copies of this Bond Sale Agreement and return them, along with the tax questionnaire
attached hereto as Appendix D, no later than close of business on October 16, 19% to Gary
Ometer, Debt Manager, Virginia Public School Authority, (by man] P. 0. Box 1879,
Richmond, Virginia 23218-1879 or [by hand or courier serykel James Monroe Building- 3rd
Floor, 101 N. 14th Street, Richmond, Virginia 23219. If your governing body or bond counsel
requires more than one originally signed Bond Sale Agreement, please send the appropriate number;
all but one will be returned at closing.
g:\S@DNDEBT\vpsA,jssuEkgob%nA.96b S"i@ 17,1990
APPENDIX A
to the Bond Sale Agreement
STANDARD TERMS AND CONDITIONS
Described below are terms of the local school bonds which must be embodied in your bond
resolution and bond form and other conditions which must be met in order for VPSA to purchase
your local school bonds on the Closing Date. VPSA will not purchase local school bonds unless
and until such terms are present in the related bond resolution and bond form adopted by your
governing body and such conditions are met.
Interest and Principal Payments
Your bonds will bear interest from the Closing Date' set forth in the Bond Sale Agreement and
will mature on July 15 of the years and in the amounts as established by VPSA. Your bonds will
bear interest payable in installments due semiannually on January 15 and July 15. The first
interest installment will be payable on July 15, 1997 and the first principal installment will be
payable on July 15, 1997. Your bonds will bear interest at rates 10 basis points (0, I 0%) above
the actual rates on VPSA's bonds with corresponding principal payment dates.
Payment
For so long as the VPSA is the registered owner of your bonds,
(i) the paying agent and bond registrar therefor shall be a bank or trust company
qualified to serve as such, and
If VPSA does not purchase your local school botkk on the Closing Date due to
Ymirfailtire, VPSA will invest, in demand or overnight investments, the amount of
its bondproceeds to be used to purchase your local school bonds. Ifyou remedy
y(mrfaiture wi thin the sixty (60) day periodfollo wine the Closing Dale, the VPSA
willpurchase your local school bonds atkiyotir bonds will bear ititerestfrom the
date of delivery and payment or other date satisfactory to the VPSA. Yoi, will,
however, be required to pay to VPSA air amount etpial to the positive cfifference,
if wty, between the amount of i?iterevt that would have accrued on your local
.school bonds from the Closing Date to your actual cloying date and the amount
of interest income VPSA was able to earn, thiring such peri@ from the investments
of its bond proceeds pending their use to purchme your bonds.
r, \@@FD\CE9T\VPSA\1.55t)E\@6b\APNXA@bb.BSA I Sept @er 16. l@6
(ii) all payments of principal, premium, if any, and interest shall be made in funds that
shall be immediately available to the VPSA on or before I 1:00 A M on the
applicable interest or principal payment date, or date fixed for prepayment or
redemption, or if such date is not a business day for banks in Virginia or for the
Commonwealth, then on or before I I @ 00 A.M. on the business day preceding such
scheduled due date. Overdue payments of principal and, to the extent permitted by
law, interest shall bear interest at the applicable interest rates on your bonds.
Prepayment or Rede@ion
Bonds shall be subject to redemption at the option of your governing body. If your governing
body determines that your bonds shall be subject to prepayment or redemption prior to maturity,
your bond resolution shall provide for prepayment or redemption as follows@
The bonds maturing after July 15, 2007 are subject to optional prepayment or redemption
prior to maturity by [the issuer), from any available moneys, in whole or in part, on any date
on or after July 15, 2007, at the following prepayment or redemption prices on the following
prepayment or redemption dates, plus accrued interest to the date fixed for prepayment or
redemption
Dates Price
July 15, 2007 through July 14, 2008 103%
July 15, 2008 through July 14, 2009 102
July 15, 2009 through July 14, 2010 101
July 15, 2010 and thereafter 100
Provided, however, that the bonds shall not be subject to prepayment or redemption
prior to their respective maturities except with the prior written consent of the
registered owner.
Notice of any such prepayment or redemption shall be given to the registered owner by
registered mail at least 60, but not more than 90, days prior to the date fixed for prepayment
or redemption.
Security
Your bonds must constitute valid and binding general obligations for the payment of which the
full faith and credit of the local unit are irrevocably pledged, and all taxable property within the
boundaries of the local unit must be subject to the levy of an ad valorem tax, over and above all
other taxes and without limitation as to rate or amount, for the payment of the principal of, and
G:\SR4RED@DE8T\VPSA\ISSUE\06b\APNXA"@b S,A 2 Septeme, 16. 10%
premium, if any, and interest on the bonds to the extent other funds of the local unit are not
lawfully available and appropriated for such purpose.
Tax Ma_tters
You shall complete the Questionnaire attached hereto as Appendix D to the Bond Sale
Agreement and send along with the Bond Sale Agreement no later than the close of business
on October 16, 1996 to Gary Ometer, Debt Manager, Virginia Public School Authority,
P.O. Box 1879, Richmond, Virginia 23218-1879. If delivered by hand to, Gary Ometer,
Debt Manager, Virginia Public School Authority, James Monroe Building- 3rd Floor, 101
N. 14th Street, Richmond, Virginia 23219. You shall execute the Use of Proceeds Certificate
in the form provided in Appendix C attached to the Bond Sale Agreement for receipt by the
VPSA at least three business days prior to the Closing Date.'
No Corn Is ue
You will covenant not to sell or deliver, without VPSA's consent, any general obligation bonds
which are part of the same common plan of financing (and payable from the same source of
funds) as your local school bonds, beginning, in the case of a sale, 15 days in advance of and
ending 15 days after the Sale Date.
Reguest and Consent of County 5ch ol Boar 3
Before the governing body of a County adopts the bond resolution, the County School Board
must first request, by resolution, the governing body to take such action. The County School
Board must also consent to the issuance of bonds by the County. (See form of resolution in
Appendix E attached hereto.)
2 VPSA requires that the (Ise of Proceeds Certificate be executed sepwately from the
laxcertificatespreparedbyy(nirbondcotinseL Yotirbondcoi4nselmayalsoprepare
otie or more tax certificates that contain some information found in the Use of
Proceeds Certificate in a&blion to itiformatioti mich as your reasonable expectations
as to meeting the reqiiiremepits to miy of the rebate exceptions.
3 Not applicable to cities apid lowitv. (Sectioti 15.1-227.41, (ode of Virginia)
C@-\SRARED\DEBT\VPSA\ISSUE\@6b\APNXA%b.BSA 3 Septe*er 16. 1 @6
Public Hearing and Notice
Before the final authorization of your issuance of the bonds by the governing body, the governing
body must hold a public hearing on the proposed issue unless the issuance of such bonds has been
approved at referendum. The notice of the hearing, meeting the requirements of Section 15. 1 -
227.8, Code of Virginia 1950, as amended, must be published once a week for 2 successive
weeks (notices at least 7 days apart) in a newspaper published or having general circulation in
your locality. The public hearing may not be held less than 6 nor more than 21 days after the
date the second notice appears in the newspaper.
D
VPSA will accept delivery of your bonds onlv in the form of a single, typewritten, temporary
bond, in registered form, payable to VPSA. The form of the bond is included as Exhibit A to
the resolution in Appendix B to the Bond Sale Agreement. On 20 days written notice from
VPSA, you agree to deliver, at your expense, in exchange for the typewritten bond, bonds in
marketable form in denominations of $5,000 or any whole multiple thereof, as requested by
VPSA.
Comprehensive Annual Financial Report
Annually for the life of your bonds, you will be required to submit a copy of your locality's
Comprehensive Annual Financial Report ("CAFR") or annual audited financial statements to the
rating agencies referenced below:
Moody's Investors Service Fitch Investors Service
Public Finance Department Governmental Finance
Attention: Edward Krauss Attention: Claire G. Cohen
99 Church Street One State Street Plaza
New York, New York 10007 New York, New York 10004
C.:\@RUED\ DEBT\ V@\ [SSUE\q6b\APNXAQ6h. BSA 4 @eptember 16. IQ%
APPENDIX C
to the Bond Sale Agreement
USE OF PROCEEDS CERTEFICATE
In connection with the issuance by [Name of Local Unit] (the "Issuer') of its
$ General Obligation School Bonds, Series 1996- (the 'Bonds'), which
will be purchased by 1 e Virginia Public School Authority ("VPSA") from the proceeds of the
VPSA's S School Financing Bonds (1991 Resolution), Series 1996 B (the
"VPSA's Bonds'), pursuant to a Bond Sale Agreement dated as of October 16, 1996, the Issuer
recognizes that certain facts, estimates and representations set forth in the Certificate as to
Arbitrage executed by VPSA in connection with the issuance of the VPSA's Bonds must be based
on the representations and certifications of the Issuer and that the exclusion from gross income
for federal income tax purposes of the interest on the VPSA's Bonds depends on the use of
proceeds of the VPSA's and the Issuer's Bonds. Accordingly, the Issuer hereby covenants that@
Section 1. Dc3criRti n o Pr ' . The proceeds of the Bonds, including investment
income thereon ("proceeds"), will be used to finance the acquisition, construction, and equipping
of public school facilities of the Issuer (the "Project")
Section 2. Governmental Use of Proceeds. The Issuer covenants the following with
respect to the use of proceeds of the Bonds and the facilities financed therewith:
(a) n neral. No more than ten percent (10%) of the proceeds of the Bonds
or the Project (based on the greatest of 1) the cost allocated on the basis of space
occupied, 2) the fair market value, or 3) the actual cost of construction) has been, or, so
long as the Bonds are outstanding, will be, used in the aggregate for any activities that
constitute a 'Private Use" (as such term is defined below in subsection (d) of this Section
2). No more than ten percent (101/o) of the principal of or interest on the Bonds, under
the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are
outstanding, will be, (i) secured by (A) any interest in property used or to be used for a
Private Use or (B) payments in respect of such property or (ii) derived from payments in
respect of property used or to be used for a Private Use, whether or not such property is
a part of the Project.
lb) No Di mg2rtionate or Unrelated Use. With respect to private business
use that is either unrelated or disproportionate to governmental use financed with proceeds
of the Bonds (if any), no more than five percent (5%) of the principal of or interest on
the Bonds, under the terms thereof or any underlying arrangement, has been, or, so long
as the Bonds are outstanding, will be, directly or indirectly (i) secured by (A) any interest
in property used or to be used for a Private Use or (B) payments in respect of such
MA C-i @ IC im
property or (ii) derived from payments in respect of property used or to be used for a
Private Use whether or not such property is part of the Project.
(c) No Private Loan Financing. No proceeds of the Bonds will be used to
make or finance loans to any person other than to a state or local governmental unit.
(d) Definition of Private @e. For purposes of this Certificate, the term
"Private Use" means any activity that constitutes a trade or business that is carried on by
persons or entities, other than govemmenw entities. The leasing of property financed
with proceeds of the Bonds or the access of a person or entity other than a governmental
unit to property or services on a basis other than as a member of the general public shall
constitute a Private Use unless the Issuer obtains an opinion of Bond Counsel to the
contrary.
(e) Management and Service Contracts. With respect to service or
management contracts, the determination of whether a particular use constitutes Private
Use under this Certificate shall be determined on the basis of applying Revenue Procedure
93-19, 1993-1 C.B. 526, or, if applicable, Revenue Procedure 82-14, 1982-1 C.B. 459,
as modif ied by Section 13 0 1 (e) of the Tax Reform Act of 1986. As of the date hereof,
no portion of the proceeds derived from the sale of the Bonds is being used to finance
property subject to contracts or other arrangements with persons or entities engaged in
trade or business (other than state or local governmental units) that involve the
management of property or the provision of services with respect to property financed
with proceeds of the Bonds that do not comply with the standards of Revenue Procedure
93-19.
Section 3. Time Test and Due Diliaence Test. The Issuer has incurred or will incur
within 6 months of the date hereof substantial binding obligations, which are not subject to
contingencies within the control of the Issuer or a related party, to third parties to expend at least
5% of the net sale proceeds of the Bonds on the Project. The Issuer will proceed with due
diligence to spend all of the proceeds of the Bonds within three years of the date hereof
Section 4. Dis2gsitions and Chanste in Use.
(a) No Sale or DisRgsifion. The Issuer expects to own and operate and does
not expect to sell or otherwise dispose of the Project, or any component thereof, prior to
the final maturity date of the VPSA's Bonds (August 1, 2017), except such minor parts
or portions thereof as may be disposed of due to normal wear, obsolescence or
depreciation in the ordinary course of business.
(b) Change in Use. The Issuer represents, warrants and covenants that the
facilities financed or refinanced with proceeds of the Bonds will be used for the
govenunental purpose of the Issuer during the period of time the Bonds are outstanding,
C-2 IC L@
unless an opinion of Bond Counsel is received with respect to any proposed change in use
of the Project.
(c) Tax Covenant- The Issuer represents, warrants and covenants that it will
take no action that would cause either the Bonds or the VPSA's Bonds to be private
activity bonds within the meaning of Section 141(a) of the Code and that it will not fail
to take any action that would prevent the VPSA's Bonds and the Bonds from being
private activity bonds, within the meaning of Section 141(a) of the Code. Furthermore,
the Issuer has established reasonable procedures to ensure compliance with this covenant.
Section 5. N inkin r Pled F n . The Issuer has not established and will not
establish any funds or accounts that are reasonably expected to be used to pay debt service on
the Bonds or that are pledged (including negative pledges) as collateral for the Bonds for which
there is a reasonable assurance that amounts on deposit therein will be available to pay debt
service on the Bonds if the Issuer encounters Financial difficulty
Section 6. No Replicement Proceed .
(a) eneral. No portion of the proceeds of the Bonds will be used as a
substitute for other funds that prior to the Issuer's resolving to proceed with the issuance
of the Bonds were used or are to be used to pay any cost of the Project.
lb) Safe Harbor. In accordance with Section 1.148-1(c) of the Treasury
Regulations regarding the safe harbor against the creation of "replacement @l,
as of the date hereof, the weighted average maturity of the Bonds does not exceed
120% of the reasonably expected economic life of the Project financed thereby.
Section 7. in . The proceeds of the Bonds will not be used to provide for
the payment of any principal of or interest on any obligations of the Issuer, other than the Bonds,
incurred in the exercise of its borrowing power.
Section 8. it I . There are no other obligations of the Issuer that have
been, or will be (a) sold within 15 days of the Bonds, lb) sold pursuant to the same plan of
financing together with the Bonds, and (c) paid out of substantially the same source of funds as
the Bonds.
Section 9. No Federal Guarantee. The Issuer shall not take or permit any action that
would cause (a) the payment of principal of or interest on the Bonds to be guaranteed, directly
or indirectly, in whole or in part by the United States or any agency or instrumentality thereof
or lb) 5 percent or more of the proceeds of the Bonds to be (i) used in making loans the payment
of principal or interest on which are guaranteed in whole or in part by the United States or any
agency or instrumentality thereof or (ii) invested directly or indirectly in federafly insured
G @@D\DEDn@A@M@@ MA
C-3
deposits or accounts (except as permitted under Section 149(b) of the Internal Revenue Code of
1986, as amended (the "Code"), or the regulations promulgated thereunder). The Issuer has not,
and will not enter into, any (i) long-term service contract with any federal governmental agency,
(ii) service contract with any federal governmental agency under terms that are materially
different from the terms of any contracts with any persons other than federal government
agencies, and (iii) lease of property to any federal government agency, that would cause the
Bonds to be considered "federally guaranteed" within the meaning of Section 149(b) of the Code.
Section 10. n . The Issuer reasonably expects that all of the net sale
proceeds of the Bonds will be used to pay the cost of the Project within three years of the date
hereof. Furthen-nore, not more than 50 percent of the proceeds of the Bonds will be invested in
Nonpurpose Investments (as such term is defined in Section 148(f)(6)(A) of the Code) having a
substantially guaranteed yield for four years or more.
Section I 1. ve ' suanc . The total proceeds derived by the Issuer from the sale
of the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts
necessary for the Project.
Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be
applied to the cost of the Project will be used to reimburse the Issuer for expenditures incurred
thereby with respect to the Project in anticipation of the issuance of the Bonds. The Issuer
represents the following with respect to the costs of the Project to be reimbursed from the
proceeds of the Bonds.
(a) Official Intent. The total amount of reimbursed costs incurred by the Issuer
with respect to the Project is not expected to exceed . Such expenditures were
paid prior to the date hereof but no earlier than sixty T60) d-ays prior to 1
199. which is the date the Issuer adopted its "official intent" declaration (the "Official
Intent Declaration") in accordance with Section 1 150-2 of the Treasury Regulations.
The Official Intent Declaration@
(i) was, on the date of its adoption, intended to constitute a written
documentation on behalf of the Issuer that states that the Issuer reasonably
expected to reimburse itself for such expenditures with the proceeds of a taxable
or tax-exempt borrowing,
(ii) set forth a general description of the Project, and
(iii) stated the maximum principal amount of debt expected to be issued
for the Project.
The Issuer has taken no action subsequent to the expression of such intent that
would contradict or otherwise be inconsistent with such intent.
0 ZHAREMEBNMAM@.BSA C-4
(b) Remot As of the date of the Official Intent Declaration,
the issuer reasonably expected to reimburse such expenditures with the proceeds of a
borrowing. The Issuer does not have a pattern of failing to reimburse expenditures for
which an intention to reimburse such expenditures was declared and which were actually
paid by the Issuer other than in circumstances that were unexpected and beyond the
control of the Issuer.
(c) Reimbu sement criod ment, The proceeds derived from the sale of
the Bonds to be applied to reimburse the above-described expenditures will be so applied no later
than the later of the date that is (i) eighteen (IS) months after the date on which the expenditure
being reimbursed was paid, or (ii) eighteen (18) months after the date on which the portion of
the Project to which such expenditure relates was placed in service within the meaning of Section
1. 150-2 of the Treasury Regulations or abandoned. The Issuer shall not, however, use Bond
proceeds to reimburse the above-descfibed expenditures later than three (3) years after the date
the original expenditure was paid.
(d) Reiinbu sable E )enditures. The expenditures to be reimbursed are either (i)
capital expenditures (within the meaning of Section 1. 150-1 lb) of the Treasury
Regulations), (ii) costs of issuance, (iii) certain working capital expenditures for
extraordinary, nonrecurring items that are not customarily payable from current revenues
(within the meaning of Section 1. 148-6 (d) (3) (ii) (B) of the Treasury Regulations), (iv)
grants (within the meaning of Section 1. 148-6 (d) (4) of the Treasury Regulations), or (v)
qualified student loans, qualified mortgage loans or qualified veterans' mortgage loans
(within the meaning of Section 1.150-1(b) of the Treasury Regulations). None of the
expenditures to be reimbursed were incurred for day-to-day operating costs or similar
working capital items.
None of the proceeds of the Bonds being used to reimburse the Issuer for prior
expenditures will be used, directly or indirectly, within one year of the date of a
reimbursement allocation, in a manner that results in the creation of replacement proceeds
(within the meaning of Section 1. 148-1 of the Treasury Regulations), other than amounts
deposited in a bona fide debt service fund.
(e) -A - None of the proceeds of the Bonds are being used in a
manner that employs an abusive arbitrage device under Section 1. 148- 10 of the Treasury
Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections
142 through 147 of the Code.
Section 13. Covenant as to Arbiwme. The Issuer hereby covenants that whether or not
any of the Bonds remain outstanding, the money on deposit in any fund or account maintained
in connection with the Bonds, whether or not such money was derived from the proceeds of the
sale of the Bonds or from any other sources, will not be used in a manner that would cause the
S@@ 16. lm
C-5
Bonds or the VPSA's Bonds to be arbitrage bonds within the meaning of Section 148 of the Code
and the applicable regulations thereunder.
Datei 1 1996 (Name of Local lssuerl
By:
Name:
Title: .1,
0 @H@MEUnMA@WU@@ MA s@@ 16. l@
C-6
APPENDIX D
to the Bond Sale Agreement
CONSTRUCTION EXCEPTION AND
EIGHTEEN MONTH EXCEPTION
TO THE REBATE REQUIREMENT
QUESTIONNAIRE
The purpose of this questionnaire is to elicit facts concerning the expenditure of the
proceeds of the City/County of (the "Issuer") general obligation school bonds (the
"Bonds") in order to make an initial determination that the construction exception from the rebate
requirement provided by Section 148(f)(4)(C) of the Internal Revenue Code of 1986, as amended,
or the eighteen month exception from the rebate requirement provided by Section 1. 148-7(d) of
the Treasury Regulations is available.
Please supply the information requested below and send this questionnaire to Gary
Ometer, Debt Manager, Virginia Public School Authority, P 0. Box 1879, Richmond, Virginia
23218-1879, for receipt no later than October 16, 1996, with a copy to your bond counsel.
I . Briefly describe the project (the "Project") to be financed with the proceeds of the Bonds.
2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds.
(b) Indicate the amount that you reasonably expect to receive from the investment of the
Bond proceeds prior to spending all of the Bond proceeds set forth above in Question 2
(a).
(c) Indicate the amount of proceeds derived from the sale of the Bonds that you expect
to use to finance the issuance costs of the Bonds. (e.g. your legal fees)
(d) The amount set forth in Questions 2(a) plus the amount set forth in Question 2(b)
reduced by the amount set forth in Question 2(c) equals $
This amount is hereinafter referred to as "Available Construction Proceeds".
3. Indicate the amount of money, other than the Available Construction Proceeds of the
Bonds, that will be applied toward the cost of the Project and the expected source of such
money. Indicate what such money will be used for
4. Indicate, by pfincipal components, your current estimates of the cost for the acquisition
and construction of the Project that will be financed with the Available Construction
Proceeds of the Bonds, including
(a) Acquisition of Interest in
Land $
(b) Acquisition of Interest in
Real Property'
(c) Acquisition and/or Installation
of Tangible Personal Property2
(d) Site Preparation
(e) Construction of Real Property'
(f) Reconstruction of Real Property4
(g) Rehabilitation of Real Property'
(h) Construction of Tangible
Personal Property'
(i) Specially developed computer
software'
Interest on the Bonds during
Construction
(k) Other (please specify)
(1) Total s
(Note: The sum of the amounts described in (a) through (k) must equal the amount of
Available Construction Proceeds of the Bonds set forth in Question 2(d).)
1.7 Sm the FxAwM m peg= D-7 D4.
\SMRSD\DBBT\ WM\ IS@1\96b\A@96b. D-2 16, I,-,
5. (a) Have you borrowed, directly or indirectly, (such as through an industrial
development authority) any money, either through a tax-exempt bank loan, a bond
anticipation note, any tax-exempt or taxable obligation or otherwise (a "loan"), to
pay for the Project costs?
Yes No
(b) Do you intend to use the proceeds of the Bonds to refinance or repay any loan
used to finance the Project costs?
Yes No
(c) If the answer to Question 5(b) is "Yes", please indicate the following:
(i) Amount of loan:
(ii) Date of loan@
(iii) Maturity date of loan:
(iv) Interest rate of loan:
(v) Name of lender:
(d) If the answer to question 5(a) or (b) is "Yes", did you use the proceeds of the loan
to reimburse yourself for expenses paid with respect to the Project before the loan
was obtained"
Yes No
6. (a) Do you intend to reimburse yourself from the proceeds of the Bonds for Project
costs advanced from your General Fund or other available sources?
Yes No
F: \SMRSD\DgBT\W@\ I MC\-6b\APNXD-6b. OM D-3 I.. 11-6
(b) If the answer to Question 5(d) or Question 6 (a) is "Yes", with respect to all such
expenditures, please indicate the amount of such expenditure, when such
expenditure was paid and the purpose of the expenditure (i.e., architectural fees,
engineering fees, other construction costs)
(i) Amount expended $
(ii) Date of expenditures
(iii) Purpose of expenditure:
(Note: if you intend to reimburse yourself for more. than one expenditure, please
attach a rider setting forth: (i) amount expended, (ii) date of expenditure, and (iii)
purpose of expenditure)
7, If the answer to Question 5(d) or 6(a) is "Yes" please attach a copy of any other evidence
of your intention to reimburse yourself with the proceeds of a borrowing such as the
earliest possible resolution, declaration or minutes of a meeting. Include the date such
resolution was adopted, meeting was held or declaration made.
ithe purpose of questions 8, 9 and 10 is to determine if the Bonds may qualify for
the Construction Exception from the Rebate Requirement.]
8. Indicate whether the total of the amounts shown in 4(d) through (i) on page D-2 is at least
75% of the amount of Available Construction Proceeds (i.e., 75% of the amount in 4(i).
Yes No
If the answer to Question 8 is "Yes", answer Question 9 and skip Question 10.
If the answer to Question 8 is "No", skip Question 9 and answer Question 10.
9. (a) Assuming the Bonds are delivered on November 14, 1996 and funds are made
available to you on that date, please complete the following schedule indicating
the amount of Available Construction Proceeds that the City/County expects to
expend and disburse during the following time periods@
From November 14, 1996 to May 14, 1997
From May 15, 1997 to November 14, 1997
From November 15, 1997 to May 14, 1998
From May 15, 1998 to November 14, 1998
Total9 $
9 md 9 Sm dw @ m pop D4.
\SMR=\DMMWSA\ l@Z\Ilb\AM=Ilb. M D4
(b) If you do not expect to spend 100% of Available Construction Proceeds by
November 14, 1998, do you expect to spend 100% of Available Construction
Proceeds by November 14, 19997
Yes No
10@ For purposes of this Question 10, assume that the Bonds are delivered on November 14,
1996 and funds are made available to you on that date
(a) Does the City/County expect to expend and disburse the amount shown in
Question 4(a) for the acquisition of land by May 14, 1996?
Yes No
(b) Does the City/County expect to expend and disburse the amount shown in
Question 4(b) for the acquisition of interests in real property by May 14, 1996?
Yes No
(c) Does the City/County expect to expend and disburse the amount shown in
Question 4(c) for the acquisition and/or installation of tangible personal Property
by May 14, 1996?
Yes No
(d) (i) Does the City/County expect to expend and disburse the amount shown in
question 4(l) by November 14, 1998?
Yes No
(ii) Assuming that the Bonds are delivered on November 14, 1996, and ftlnds are
made available to you on that date, please complete the following schedule
indicating the amount of Available Construction Proceeds that the City/County
expects to expend and disburse during the following time periods:
From November 14, 1996 to May 14, 1997 $ 10
From May 15, 1997 to November 14, 1997 $
From November 15, 1997 to May 14, 1998 s
From May 15, 1998 to November 14, 1998 $
Total $
10 Sm the @a m poge D.S.
F \SMRCD\DgBT\VPSA\ISWC\96b\AP@Dllb@UA D-5
[The purpose of question 11 is to determine if the Bonds may qualify for the Eighteen
Month Exception from the Rebate Requirement.1
II. The sum of the amounts set forth in Questions 2(a) and 2(b) equals S (the "gross
proceeds"). Assuming that the Bonds are delivered on November 14, 1996 and funds are made
available to you on that date, please complete the following schedule indicating the amount of gross
proceeds that the City/County expects to expend and disburse during the following time periodsi
From November 14, 1996 to May 14, 1997 s
From May 15, 1997 to November 14, 1997 s
From November 15, 1997 to May 14, 1998 s
Total s
I understand that the foregoing information will be relied upon by the Virginia Public School
Authority (the "Authority") in determining the applicability of the construction exception to the
Authority's School Financing Bonds (1991 Resolution), Series 1996 B. I hereby certify that I am
familiar with the Project and am authorized by the City/County to provide the foregoing information
with respect to it, which information is true, correct, and complete, to the best of my knowledge.
Name of Person Completing
Questionnaire
Title
Signature
Date
Include amounts expended prior to November 14, 1996 and approved by your bond counsel
for reimbursement from your bond proceeds. This does not include any amount used to
refinance or repay any loan.
F: \SMRZD\DCBT\WU\ l@i\ -lb\APN=96b. BU D-6
ENDNOTES
For purposes of this questionnaire, "real property" means improvements to land, such as
buildings or other inherently permanent structures, including items that are structural
components of such buildings or structures. For "ample, real property includes wiring
in a building, plumbing systems, central heating or central air conditioning systems, pipes
or ducts, elevators or escalators installed in a building, paved parking areas, road, wharves
and docks, bridges and sewage lines.
2. For purposes of this questionnaire, tangible personal property means any tangible property
except real property. For example, tangible personal property includes machinery that is
not a structural component of a building, fire trucks, automobiles, office equipment,
testing equipment and furnishings.
3 . See description of real property in endnote 1. This includes all capital expenditures that
are properly chargeable to or may be capitalized as pan of the basis of the real property
prior to the date the property is placed in service. For purposes of this questionnaire,
expenditures are considered paid in connection with the construction, reconstruction or
rehabilitation of real property if the contract between the Issuer and the seller requires the
seller to build or install the property (such as under a "turnkey contract") but only to the
extent the property has not been built or installed at the time the parties enter into the
contract. If the property has been partially built or installed at the time the parties enter
into the contract, the expenditures that are allocable to the portion of the property built
or installed before that time are expenditures for the acquisition of real property.
4. See endnote 3.
5@ See endnote 3.
6. For purposes of this questionnaire, expenditures are in connection with the construction
of tangible personal property, as defined in endnote 2, if
(a) A substantial portion of the property or properties is completed more than 6
months after the earlier of the date construction or rehabilitation commenced and the date
the Issuer entered into an acquisition contract;
(b) Based on the reasonable expectations of the Issuer, if any, or representations
of the person constructing the property, with the exercise of due diligence, completion of
construction or rehabilitation (and delivery to the Issuer) could not have occurred within
that 6-month period; and
(c) If the Issuer itself builds or rehabilitates the property, not more than 75% of
the capitalizable cost is attributable to property acquired by the Issuer (e.g., components,
raw materials and other supplies).
F: KSMA OD\DEBT\ WM\l@t\-.bkA@-6b. @ D-7 16,
7, Specialty developed computer software means any programs or routines used to cause a
computer to perform a desired task or set of tasks, and the documentation required to
describe and maintain those programs, provided that the software is specially developed
and is functionally related and subordinate to real property or other constructed personal
property.
8. Include amounts expended prior to November 14, 1996 and approved by your bond
counsel for reimbursement from your bond proceeds This does not include any amount
used to refinance or repay any loan.
9. Total should equal the amount in 4(l).
10, Include amounts expended prior to November' 14, 1996 and approved by your bond
counsel for reimbursement from your bond proceeds, This does not include any amount
used to refinance or repay any loan.
\SMRSD\DERT\WM\ t@9\56b\A"ngb. @ D-8
APPENDIX F
to the Bond Sale Agreement
CONTINUING DISCLOSURE AGREEMENT
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if and only if the Local Issuer is or has become and
remains a "Material Obligated Person", as defined below]
This Continuing Disclosure Agreement (the "Disclosure Agreement') is executed and
delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by
the Virginia Public School Authority (the "Authority") of S aggregate principal
amount of its School Financing Bonds (1991 Resolution), Series 1996 B (the '1996 B Bonds")
pursuant to the provisions of a bond resolution (the " 1991 Resolution") adopted on June 26, 199 1,
as ratified, supplemented, amended and restated by the Board of Commissioners of the Authority.
The Series 1996 B Bonds and all other parity bonds heretofore and hereafter issued under the
1991 Resolution are collectively called the "Bonds". The proceeds of the 1996 B Bonds are
being used by the Authority to purchase certain general obligation school bonds ("Local School
Bonds") of the Local Issuer pursuant to a bond sale agreement between the Authority and the
Local Issuer (the "Bond Sale Agreement"). Pursuant to paragraph 3 of the Bond Sale Agreement,
the Local Issuer hereby covenants and agrees as follows
SECTION 1. Pu[pose of the Disclosure A@ment. This Disclosure Agreement is being
executed and delivered by the Local Issuer for the benefit of the holders of the 1996 B Bonds
and in order to assist the Participating Underwriters (defined below) in complying with the Rule
(defined below). The Local Issuer acknowledges that it is undertaking primary responsibility for
any reports, notices or disclosures that may be required under this Agreement.
SECTION 2. Definitions. In addition to the definitions set forth in the 1991 Resolution,
which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined
in this Section, the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant to,
and as described in, Sections 3 and 4 of this Disclosure Agreement.
.'bond sale agreement" shall mean the Bond Sale Agreement and any other comparable
written commitment of the Local Issuer to sell local school bonds to the Authority.
"Dissemination Agent" shall mean the Local Issuer, acting in its capacity as Dissemination
Agent hereunder, or any successor Dissemination Agent designated in writing by such Local
Issuer and which has filed with such Local Issuer a written acceptance of such designation.
"Filing Date" shall have the meaning given to such term in Section 3(a) hereof.
S:\sharcd\debtkvpsa\issue\96b\apnxf96b.BSA
"Fiscal Year" shall mean the twelve-month period at the end of which financial position
and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July
I and continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is a
record owner or beneficial owner of a 1996 B Bond.
"Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the Rule.
"local school bonds" shall mean any of the Local School Bonds and any other bonds of
the Local Issuer held to the credit of the 1991 Purchase Fund under the Authority's 1991
Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local school
bonds outstanding in an aggregate principal amount that exceeds 100/o of the aggregate principal
amount of all outstanding Bonds of the Authority.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule.
"Participating Underwriter" shall mean any of the original underwriters of the Authority's
1996 B Bonds required to comply with the Rule in connection with the offering of such Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private depository or entity designated by the
State as a state depository for the purpose of the Rule. As of the date of this Agreement, there
is no State Repository.
g:\shamd\dcbt\vpsa\issw\%b\apnxf96b.BSA 2
SECTION 3. rovision of Annual Re rts
(a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide
to each Repository an Annual Report which is consistent with the requirements of Section 4 of
this Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that
is not later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year
ending [June 30, 19971) as of the end of which such Local Issuer was a MOP, unless as of the
Filing Date the Local Issuer is no longer a MOP.' Not later than ten (10) days prior to the
Filing Date, the Local Issuer shall provide the Annual Report to the Dissemination Agent (if
applicable) and shall provide copies to the Authority. In each case, the Annual Report (i) may
be submitted as a single document or as separate documents comprising a package, (ii) may
cross-reference other information as provided in Section 4 of this Disclosure Agreement and (iii)
shall include the Local Issuer's audited financial statements or, if audited financial statements are
not available, such unaudited financial statements as may be required by the Rule. In any event,
audited financial statements of such Local Issuer must be submitted, if and when available,
together with or separately from the Annual Report.
lb) If the Local Issuer is unable to provide an Annual Report to the
Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the
Municipal Securities Rulemaking Board in substantially the form attached hereto as Exhibit A.
SECTION 4. Content of Annual ReDoM. Except as otherwise agreed, any Annual Report
required to be filed hereunder shall contain or incorporate by reference, at a minimum, annual
financial information relating to the Local Issuer, including operating data,
(i) updating such information relating to the Local Issuer as shall have been included or
cross-referenced in the final Official Statement of the Authority describing the
Authority's 1996 B Bonds or
(ii) if there is no such information described in clause (i), updating such information relating
to the Local Issuer as shall have been included or cross-referenced in any comparable
disclosure document of the Local Issuer relating to its tax-supported obligations or
(iii) if there is no such information described in clause (i) or (ii) above, initially setting forth
and then updating the information referred to in Exhibit B as it relates to the Local
Issuer, all with a view toward assisting Participating Underwriters in complying with the
Rule.
The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer
within 60 days of the end of each Fiscal Year if such Local Issuer was a Material
Obligated Person as of the end of such Fiscal Year. Upon written request, the Authority
will also advise the Local Issuer as to its status as a MOP as of any other date.
g:\shamd\debt\vpsa\issue\96b\apnxt'96b.BSA 3
Any or all of such information may be incorporated by reference from other documents, including
official statements of securities issues with respect to which the Local issuer is an "obligated
person" (within the meaning of the Rule), which have been filed with each of the Repositories
or the Securities and Exchange Commission. If the document incorporated by reference is a final
of'ficial statement, it must be available from the Municipal Securities Rulemaking Board. The
Local Issuer shall clearly identify each such other document so incorporated by reference.
SECTION 5. R orti f Li ed v n . Whenever the Local Issuer is a Material
Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains
knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that
knowledge of the occurrence of a Listed Event with respect to its local school bonds would be
material, such Local Issuer shall promptly file a notice of such occurrence with each National
Repository or the Municipal Securities Rulemaking Board and each State Repository, if any, with
a copy to the Authority.
SECTION 6. Termin i n fR rtin li ati n. TheLocallssuer'sobligationsunder
this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or
final retirement of all the Local School Bonds.
SECTION 7. Dis emin f on nt. The Local Issuer may, from time to time, appoint
or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure
Agreement and may discharge any such Agent, with or without appointing a successor
Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or
discharge. If at any time there is not any other designated Dissemination Agent, the Local Issuer
shall be the Dissemination Agent. [The initial Dissemination Agent shall be
SECTION 8. en nt. Notwithstanding any other provision of this Disclosure
Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been
approved in writing by the Authority and is supported by an opinion of independent counsel,
acceptable to the Authority, with expertise in federal securities laws, to the effect that such
amendment is permitted or required by the Rule.
SECTION 9. Additio . Nothing in this Disclosure Agreement shall be
deemed to prevent the Local Issuer from disseminating any other information, using the means
of dissemination set forth in this Disclosure Agreement or any other means of communication,
or including any other information in any Annual Report or notice of occurrence of a Listed
Event, in addition to that which is required by this Disclosure Agreement. If the Local issuer
chooses to include any information in any Annual Report or notice of occurrence of a Listed
Event, in addition to that which is specifically required by this Disclosure Agreement, such Local
Issuer shall have no obligation under this Agreement to update such information or include it in
any future Annual Report or notice of occurrence of a Listed Event.
SECTION 10. Default. Any person referred to in Section I I (other than the Local Issuer)
may take such action as may be necessary and appropriate, including seeking mandate or specific
g:\shamd\debt\vpsa\issue\96b\apnxt'96b.BSA 4
performance by court order, to cause the Local issuer to file its Annual Report or to give notice
of a Listed Event. The Authority may, and the holders of not less than a majority in aggregate
principal amount of Bonds outstanding may, take such actions as may be necessary and
appropriate, including seeking mandate or specific performance by court order, to challenge the
adequacy of any information provided pursuant to this Disclosure Agreement, or to enforce any
other obligation of the Local Issuer hereunder. A default under this Disclosure Agreement shall
not be deemed an event of default under the applicable resolution or bonds of the Local Issuer,
and the sole remedy under this Disclosure Agreement in the event of any failure of the Local
Issuer to comply herewith shall be an action to compel performance. Nothing in this provision
shall be deemed to restrict the rights or remedies of any holder pursuant to the Securities
Exchange Act of 1934, the rules and regulations promulgated thereunder, or other applicable
laws.
SECTION Y-1. This Disclosure Agreement shall inure solely to the benefit
of the Authority, the Local Issuer, the Participating Underwriters, and holders from time to time
of the Authority's Bonds, and shall create no rights in any other person or entity.
SECTION 12. CounteMarts. This Disclosure 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.
Date:
[LOCAL ISSUER]
By
g:\sham@bt\vpsa\issue\96b\apnxf96b.B.SA 5
EXHIBIT A
NOTICE OF FAILURE TO FILE ANNUAL REPORT
[AUDITED FINANCIAL STATENENTS]
Re@ VIRGINIA PUBLIC SCHOOL AUTHORITY
SCHOOL FINANCING BONDS (1991 RESOLUTION)
SERIES 1996 B
CUSIP NO.
Dated: November 1, 1996
Name of Local Issuer
NOTICE IS HEREBY GIVEN that the [Local Issuer] has not provided an Annual Report as
required by Section 3(a) of the Continuing Disclosure Agreement, which was entered into in
connection with the above-named bonds issued pursuant to that certain Series Resolution adopted
on September 16, 1996, by the Board of Commissioners of the Virginia Public School Authority,
the proceeds of which were used to purchase $ [School Bonds] of the [Local
Issuer]. [The Local Issuer anticipates that the Annual Report will be filed by .1
The Local Issuer is a material 'obligated person" within the meaning of Rule 15c2-12 under the
Securities Exchange Act of 1934, as amended, with respect to the above-named bonds of the
Authority.
Dated:
[LOCAL ISSUER]
By
g:\shamd\debt\vpsa\issuc\96b\apnxf96b.BSA
EXHIBIT B
CONTENT OF ANNUAL REPORT
Description of the Local Issuer, A description of the Local Issuer including a summary of its
form of government, budgetary processes and its management and officers.
Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt
including a historical summary of outstanding tax-supported debt, a summary of authorized but
gal debt margin@ a summary of overlapping debt
unissued tax-supported debt@ a summary of le
and a summary of annual debt service on outstanding tax-supported debt as of the end of the
preceding fiscal year. The Annual Report should also include (to the extent not shown in the
latest audited financial statements) a description of contingent obligations as well as pension plans
administered by the Local Issuer and any unfunded pension liabilities.
Financial Data. Financial information respecting the Local Issuer including a description of
revenues and expenditures for its major funds and a summary of its tax policy, structure and
collections as of the end of the preceding fiscal year.
Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan.
Demographic, Economic and Supplemental Information. A summary of the Local Issuer's
demographic and economic characteristics such as population, income, employment, and public
school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual
Report should also include a description of material litigation pending against the Local Issuer.
S:\shared\debt\vpsa\issuc\96b\apnxi'96b.BSA
- 22 -
item V-J.Z
CONSEAT AGENDA
RESOLUTIONS ITEM # 41317
UPON mOtiOn bY Vice MaYor Sessom, seconded by Councilman Branch, City Council ADOPTED.-
Resolution to authorize the City Manager to submit an application to the
Virginia Department of Transportation (VD07) for a grant to assist the
City of llirginia Beach re enhancing ongoing alternative fuels program
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Meinbers Absent.-
Louisa M. Strayhorn
October 8. 1996
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO SUBMIT AN APPLICATION TO
THE VIRGINIA DEPARTMENT OF
TRANSPORTATION FOR A
GRANT TO ASSIST THE CITY OF VIRGINIA
BEACH IN ITS EFFORTS TO ENHANCE ITS
ONGOING ALTERNATIVE FUELS PROGRAM
WHEREAS, the Clean Air Act passed by Congress requires localities to
develop strategies for the use of alternative fuels;
WHEREAS, the City of Virginia Beach wishes to enhance its ongoing
alternative fuels program; and
WHEREAS, grant funds are available from the Virginia Department of
Transportation for the purpose of supporting alternative fuels programs by assisting
localities with the costs incurred in the implementation and enhancement of such
programs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby authorizes the City Manager to submit an
application to the Virginia Department of Transportation for a grant to assist the City of
Virginia Beach in its efforts to enhance its ongoing alternative fuels program.
BE IT FURTHER RESOLVED:
That the City Clerk is hereby directed to forward a certified copy of this
Resolution to the Virginia Department of Transportation.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth day of October 1996.
uth Hodges Smith, CMC/AAE
APDO' City Clerk
vr
'Apr[?
CITY ATi@,,.'jl
- 23 -
Item V-K
CONSEA7 AGENDA
ORD17VANCES ITEM # 41318
Upon motion by Trice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED BY
CONSEAT in ONE MOTION Items la.b, Z 3 and 4 of Ordinances.
Voting: 10-0
Council Meinbers Voting Aye:
John A. Baum, Linwood 0. Branci4 III, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sessoiw, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Louisa M. Strayhorn
October 8, 1996
- 24 -
Item V-KI.a.b.
CONSEAFT AGENDA
ORDIIVAIVCES ITEM # 41319
Upon motion by lice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinances re the Fire Departinent's FY-1996-1997 Operating Budget.-
APPROPRL4TE $7,400 from the Fire Education Gift Fund
Balance re purchasing equipment for fire educational
programs.
APPROPRL4TE $5,500 fi-om the Fire Store Special Revenue
Fund Balance re purchasing equipment for the Fire Training
Center.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
JMn A. Baum, Linwood 0. Branci4 111, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and trice Mayor William
D. Sessoyw, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Louisa M. Strayhorn
October 8, 1996
AN ORDINANCE TO APPROPRIATE $7,400 FROM
THE FIRE EDUCATION GIFT FUND BALANCE TO THE FY 1996-97 FIRE DEPARTMENT
OPERATING BUDGET TO PURCHASE EQUIPMENT FOR FIRE EDUCATIONAL PROGRAMS
1 WHEREAS, the Fire Education Gift Fund was established to provide an avenue for individuals and
2 organizabons to contribute to fire education in Virginia Beach, and
3 WHEREAS, the Fire Education Gift Fund has accumulated monies for the enhancement of fire
4 educational programs provided by the Fire Department.
5 NOW THEREFORE BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA, that $7,400 be appropriated from the Fire Education Gift Fund Balance to the Fire Department's
7 FY 1996-97 Operating Budget to purchase equipment for fire educational programs.
8 Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of October 1996.
APPROVED AG TO
LEGAL SijFFICIENCY
App
itor C@
g
C @udg@97Virgift
AN ORDINANCE TO APPROPRIATE $5,500 FROM
THE FIRE STORE SPECIAL REVENUE FUND BALANCE TO THE FY 1996-97 FIRE DEPARTMENT
OPERATING BUDGET TO PURCHASE EQUIPMENT FOR FIRE TRAINING CENTER
1 WHEREAS, the Fire Store Special Revenue Fund was established to generate revenues from the
2 sale of fire memorabilia to non departmental individuals.
3 WHEREAS, the Fire Store Special Revenue Fund has accumulated monies for the enhancement
4 of fire training programs.
5 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, %ARGINIA, that $5,500 be appropriated from the Fire Store Special Revenue Fund Balance to the Fire
7 Department's FY 1996-97 Operating Budget to purchase equipment for the Fire Training Center.
8th October
8 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1996.
APPROVED Aq TC
Ll...'@IAI- SUFFICIENC
t t t
AP ad
ma etn
- 25 -
Ite,m V-K2
CONSEAT AGENDA
ORD,VVANCES ITEM # 41320
Upon motion by P7ce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorl-e a temporary encroachment into a portion of a
120-foot drainage easement and a 15-foot maintenance easement to
LARRY E. and MARY BETH RUSSELL re construction and
maintenance of a bulkhead with attached dock at the rear of 829 Costa
Grande Drive (PR[NCESS ANNE BOROUGH)
7'he following conditions shall be required:
1. 77te owner agrees to remove the encroachment when notified by
the City of Virginia Beack at no expense to the City.
Z 7he owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
3. 7he owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
4. 7he owner must obtain a permit from the Development Services
Center prior to commencing construction within the City@
easements.
5. 7he owner must post a Performance Bond and show proof of
public liability insurance of a minimum of Five Hundred
77wusand Dollars ($500,000.00).
6. 7he owner must submit, for review and approval, a survey of
the area being encroached upon, certified by a professional
engineer andlor "as-built" plans of the encroachment, if
required by the City Engineer@ Office,
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 8, 1996
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF A 120
4 FOOT DRAINAGE EASEMENT
5 AND A 15 FOOT MAINTENANCE
6 EASEMENT TO LARRY E.
7 RUSSELL AND MARY BETH
8 RUSSELL, THEIR HEIRS,
9 ASSIGNS AND SUCCESSORS IN
10 TITLE
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent thereof
14 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
15 Larry E. Russell and Mary Beth Russell, their heirs, assigns and
16 successors in title are authorized to construct and maintain a
17 temporary encroachment into the 120 foot drainage easement and the
18 15 foot maintenance easement at the rear of 829 Costa Grande Drive.
19 That the temporary encroachment herein authorized is for
20 the purpose of constructing and maintaining a bulkhead with
21 attached dock and that said encroachment shall be constructed and
22 maintained in accordance with the City of Virginia Beach Public
23 Works DepartTaent's specifications as to size, alignment and
24 location, and further that such temporary encroachment is more
25 particularly described as follows:
26 An area of encroachment into a
27 portion of the City's 120 foot
28 drainage easement and 15 foot
29 maintenance easement, on the certain
30 plat entitled: "PROPOSED BULKHEAD &
31 DOCK in: canal at: 829 Costa
32 Grande Drive CITY OF VIRGINIA
33 BEACH STATE OF VIRGINIA
34 application by: Mr. Larry Russell
35 SHEET 2 OF 5,11 a copy of which is on
36 file in the Department of Public
37 Works and to which reference is made
38 for a more particular description.
39 PROVIDED, HOWEVER, that the temporary encroachment herein
40 authorized shall terminate upon notice by the City of Virginia
41 Beach to either Larry E. Russell or Mary Beth Russell, their heirs,
42 assigns and successors in title and that within thirty (30) days
43 after such notice is given, said encroachment shall be removed from
44 the City's drainage and maintenance easements and that Larry E.
45 Russell and Mary Beth Russell, their heirs, assigns and successors
46 in title shall bear all costs and expenses of such removal.
47 AND, PROVIDED FURTHER, that it is expressly understood
48 and agreed that Larry E. Russell and Mary Beth Russell, their
49 heirs, assigns and successors in title shall indemnify and hold
50 harmless the City of Virginia Beach, its agents and employees from
51 and against all claims, damages, losses and expenses including
52 reasonable attorney's fees in case it shall be necessary to file or
53 defend an action arising out of the location or existence of such
54 encroachment.
55 AND, PROVIDED FURTHER, that Larry E. Russell and Mary
56 Beth Russell agree to maintain said encroachment so as not to
57 become unsightly or a hazard.
58 AND, PROVIDED FURTHER, that Larry E. Russell and Mary
59 Beth Russell agree to obtain a permit from the Development Services
60 Center prior to commencing construction within the City's
61 easements.
62 AND, PROVIDED FURTHER, that Larry E. Russell and Mary
63 Beth Russell agree to post a Performance Bond and show proof of
64 public liability insurance of a minimum of Five Hundred Thousand
65 Dollars ($500,000.00).
66 AND, PROVIDED FURTHER, that Larry E. Russell and Mary
67 Beth Russell agree to submit for approval, a survey of the area
68 being encroached upon, certified by a professional engineer, and/or
69 "as built" plans of the encroachment, if required by the City
70 Engineer's office.
71 AND, PROVIDED FURTHER, that this ordinance shall not be
72 in effect until such time that Larry E. Russell and Mary Beth
73 Russell execute an agreement with the City of Virginia Beach
74 encompassing the aforementioned provisions.
75 Adopted by the Council of the City of Virginia Beach,
76 Virginia, on the Eightli day of Octol)er 19 96
77
2
THIS AGREEMENT, made this S'o day of /@IF 4,cg
1996, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the first part, and
Larry E. Russell and Mary Beth Russell, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, GRANTEE, party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a bulkhead and dock in the
City of Virginia Beach; and
WHEREAS, in constructing and maintaining such bulkhead
and dock, it is necessary that the said party of the second part
encroach into portions of City owned fifteen (15) foot
maintenance and one hundred twenty (120) foot drainage easements;
and said party of the second part has requested that the party of
the first part grant a temporary encroachment to facilitate such
bulkhead and dock within a portion of the City's fifteen (15)
foot maintenance and one hundred twenty (120) foot drainage
easements.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's fifteen (15) foot
maintenance and one hundred twenty (120) foot drainage easements
for the purpose of constructing and maintaining such bulkhead and
dock.
it is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
city of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Departrftent's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's fifteen (15) foot maintenance and
one hundred twenty (120) foot drainage
easements as shown an that certain plat
entitled: "PROPOSED BULKHEAD & DOCK IN:
CANAL AT: 829 COSTA GRANDE DRIVE CITY OF
VIRGINIA BEACH STATE OF VIRGINIA
APPLICATION BY: MR. LARRY RUSSELL SHEET 2
OF 5 DATE: 9 JULY 1996,11 a copy of which is
attached hereto as Exhibit "All and to which
reference is made for a more particular
description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's fifteen (15) foot maintenance and one hundred twenty (120)
foot drainage easements by the party of the second part; and that
the party of the second part shall bear all costs and expenses of
such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's easements.
It is further expressly understood and agreed that the
party of the second part must post a Performance Bond and show
proof of public liability insurance of a minimum of Five Hundred
Thousand Dollars ($500,000.00).
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
:3
professional engineer, and/or "as built" plans of the
encroachment, if required by the City Engineer's Office.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
easements encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Larry E. Russell and Mary Beth
Russell, the said parties of the second part have caused this
Agreement to be executed by their signatures and seals duly
affixed. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by
4
its City Manager/AUthorized Designee of the City Manager and its
seal be hereunto affixed and attested by its City Clerk.
APPROVED AS TO CITY OF VIRGINIA BEACH
: I
LEGAL P)L!! i:IC@ENC,@f
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
o RUSselA
@, o,
41@
@i E@Ate Mary-E(Oth Russell
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that I CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the - day of p 1996, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this - day of
1996.
Notary Public
my commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SNITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the - day of , 1996, has acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this - day of
1996.
Notary Public
Ny Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I ro@ a Notary Public
in and for the City and State aforesaid, do hereby certify that
Larry E. Russell and Nary Beth Russell, whose names are signed to
the foregoing writing, bearing date the day of
1996, have acknowledged the same before
me in my City and State aforesaid.
Given under my hand day of
1996.
@ry Pu
my commission Expires:
/,3(ii i 9
ADJACENT PROPERTY OWNERS
C3
@. &J,//
Canal
R.I., W.)'
n.l.@ W@l
na
C/')
0 TES
(1) THIS DRAWING AdA Y ONLY SE USED
FOR THE EXCLUSIVE PURPOSE OF
aTAININA PERMITS FOR THE
CONSTRUCTION WOAX SHOWN.
10- Wid. (1) ACCESS WAY MAY BE Rii--CATED
TO AVOID ANY OBSTRUC,'ICNS,
(3) ALL MATERIALS WILL 99 SAIED WITHIN
THE LIANYS OF CONS.-RUC-,CH AND ON
EXRSTIII IAVED AREAS.
(4) LOCATION OF SPRINKLER SY57EM IS NOT
SHOWN CONTRACTOR SMALL VERIFY PRESENCE AND
AND LOCATION AND PROTECT FROM DAMAGE IF
Costa Grande drive APPLICABLE
PURPOSE: Erosion Prevention PR
& Access tt)"tr L N: Canal
DATUM: 14 4) AT' 629 Costa Grande Drive
CITY OF VIRGINIA BEACH
ADJACENT PRIOPSRTY OWNERS:
STATE OF VIRGINIA
1. See Sheet 2
UCA@ON BY: Mr. Larry Russell
App
DATE: 9 July 1996 HEET 2 OF 5
SUBDIVISION
OF
LAGOMAR
LOCATION MAP
FOR ENCROACHMENT OF BULKHEAD
AND DOCK INTO CITY OWNED
EASEMENT - APPLICANTS -
LARRY E.AND MARY BETH RUSSELL
SCALE : 1" = 500'
- 26 -
Item V-K3.
CONSEA7 AGENLL4
ORDINANCES ITEM # 41321
Upon motion by Vice Mayor Sessom, seconded by Council Lady Parker, City Council APPROVED:
CERTIFIC4TE OF PUBLIC CONTIENIENCE AND NECESSITY
Land Yachts
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and ;rice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Meinbers Absent:
Louisa M. Strayhorn
October 8, 1996
- 27 -
Item V-K4.
CONSEA'T AGENDA
ORDRVANCES ITEM # 41322
UPON motion by trace Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED.
Ordinance authorizing License Refunds in the amount of $2,487.09
uPOn aPPlication of certain persons and upon certification of the
Commissioner of the Revenue.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Wzlliam W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
MaYOr Meyera E. Oberndorf Nancy K Parker and nice Mayor William
D. Sessonw, Jr.
Council Meinbers Voting Nay:
None
Council Meinbers Absent.-
Louisa M. Strayhorn
October 8, 1996
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Mark H Weinberg, Inc. 1995 Audit 69 26 69@26
T/A Tidewater Painting
6709 Gunpowder Lane
Prospect, KY 40059
Paschall, Nancy C 1995 Audit 44 25 44 25
5700 Cleveland Street s332
Virginia Beach, VA 23462
William C. Petersen, MD PC
4060 Bridgehampton Lane 1995 Audit 654.38 654 38
Virginia Beach, VA 23455
Whitehead, Severn L. 1 @-95 Audit 18 00 18 00
T/A S@ L. Masonry
1644 Cypress Chapel
Suffolk, VA 23434 Certified as to Payment:
o rt P Vaughan,
Commissioner of the@evenue
Approved as to form:
L Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $785.89 were approved by the Council
of the City of Virginia Beach on the Eighth day of October 119 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Arrage, Antoine 1995 Audit 276 42 276.42
1020 Independence Blvd. St 02
Virginia Beach, VA 23455
Buckingham, Lin 1996 Audit 418 21 418.21
TA Lins Oriental Food & Gifts
351 7 Alister Court
Virginia Beach, VA 23456
Kelly, John T. Jr 1995 Audit 190 60 190,60
4867 Baxter Road 104
Virginia Beach VA 23462
Kanes Enterprises, Inc. 1994-95 Audit 815 97 815.97
T/A Just A Buck
1349 Laurens Road
Certified as to Payment:
obert P Vaug@an
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,701.20 were approved by the Council
of the City of Virginia Beach on the Eighth day of October '19 96
Ruth Hodges Smith
City Clerk
- 28 -
Itein V-L.
PUBLIC HFARING ITEM # 41323
PLANNING
Mayor Obemdorf DECLARED a PUBLJC HEARING on:
PLANNING
1. 1,7RGINL4 BEACH ALLL4NCE CHURCH CONDITIONAL USE PERMIT
2. HYMAN KWOLESALE CONDITIONAL USE PERMIT
3. DISABLED VETEP,4NS OF VIRGINL4 BEACH, INC. CONDITIONAL CHANGE
OF ZONING
CONDITIONAL USE PERMIT
4. CEATEX HOMES CHANGE OF ZONING
5. ROBERT & JANET K077YE CONDITIONAL USE PERMIT
6. MICHAEL T. ANNA E BERTOLINO CONDITIONAL CHANGE
OF ZONING
October 8, 1996
- 29 -
ham V-L-
PUBLIC HEARING ITEM # 41324
PLAIVIVDVG BY CONSEAT
Upon motion by Pice Mayor Sessona, seconded by Council Lady Parker, City Council APPROVED in
ONE MOTION Items 1, 3, 4 and 5 of the PL4NNING BY CONSENT AGENDA.
Item No 4 was GRANTED THIRTY-DAY DEFERRAL To NOVEMBER 12,1996.
Item No 5 was ALLOWED WITHDRAWAL.
Voting., 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sessotm, Jr.
Council Meinbers Voting Nay:
Non e
Council Meinbers Absent.
Louisa M. Strayhorn
Councibnan Heischober DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of ;rirginia, he is
4 member of the Disabled Veterans of Virginia Becack Inc. as serves as Chairman of its Building
Comminee. He does not receive any salary or other compensation fi-om Disabeld Veterans of Virginia
Beacl4 Inc. Councibnan Heischober declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councibnan Heischober's letter of October 8, 1996, is hereby made
apart of the record.
October 8, 1996
30 -
PUBLJC HEARING ITEM # 41325
PL4MVING BY CONSENT
Upon motion by Vice Mayor Sessonw, seconded by Council LadY Parker, City Council ADOPTED an
Ordinance Wm application of V7RGINU DE,4CH ALLL4NCE CHURCH for a Conditional Use Permit:
ORDINANCE UPONAPPLICATION OF V7RGINL4 BEACH ALLL4NCE
CHURCH FOR A CONDITIONAL USE PERMIT FOR A SCHOOI,
R010962068
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI7Y OF V7RGINM BEACH, VIRGINL4
Ordinance upon application of Virginia Beach Alliance Church for a
Conditional Use Permit for a school on the south side of Indian River
Road, 250 feet more or less east of Sinking Creek Drive. Said parcel is
located at 5045 Indian River Road and contains 3.609 acres.
KEMPSVILLE BOROUGH.
7'he following conditions shall be required:
1. 77te applicant will be required to improve the existing entrance
to City standards for safety reasons.
Z A Catego?y IV or V landscape screen shall be provided between
any outdoor play area and the adjacent residential properties.
3. Hours of school operation shall be from 8:35 AM until 3:00
PM.
I'his Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, lrzrginia, on the i
Hundred
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, William W Harrison, Jr., Ilarold
Heischober, Barbara M. Ilenley, Louis R. Jones, Reba S. McCla)lan,
Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 8, 1996
- 31 -
item V-L.Z
PUBLIC HEARING ITEM # 41326
PLANNING
Billy Garrington, 471 Southside Road, Phone: 428-4245, represented the applicant
Upon motion by Councibnan Harrison, seconded by Vice Mayor Sessoiw, City Council ADOPTED an
Ordinance upon application of HYMAN WHOLESALE for a Conditional Use Permit:
ORDINANCE UPON APPLICA TION OF HYMAN WHOLES4LE FOR A
CONDITIONAL USE PERMIT FOR A SCHOOL RO]0962069
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, 117RGINL.4
Ordinance upon application of Hyman R%olesale for a Conditional Use
Permit for motor vehicle sales at the northeast corner of Virginia Beach
Boulevard and Fountain Avenue. Said parcel is located at 1932 Virginia
Beach Boulevard and contains 8400 square feet. LYNNHAVEN
BOROUGH.
77te following conditions shall be required:
1. 7he applicant shall submit a detailed site plan to the
Development Services Center for review and approval. 7he
plan shall clearly delineate all automobile display areas,
employee and customer parking, landscaping, signage and
stormwater management facilities as required by the City
Zoning Ordinance, Site Plan Ordinance and Stormwater
Management Ordinance.
2. Neutral earthiones shall be utilized for the renovation of the
existing structure.
3. A maximum of twelve (12) motor vehicles for sale shall be
displayed on the site.
4. Hours of operation shall be Monday through Friday, from
9.-OO AM until 9:00 PM; Saturday, from 9:00 AM until
6.,OO PM; and closed on Sunday.
5. No repair work will be performed on the site.
6 An outside paging system will not be allowed.
7 Any fieestanding sign shall be monument style.
8. 7his conditional use permit approval authorizes the use of the
site in conjunction with the existing automobile sales use at the
Northwest corner of Virginia Beach Boulevard and Fountain
Avenue only.
9. Any zoning viwation(s) associated with the automobile sales
facility at the Northwest corner of Virginia Beach Blvd and
Fountain Avenue shall be correctedprior to commencement of
the development of this site for use in conjunction with that
facility. 7his condition requires correction of zoning violations
only and is not to be construed as requiring correction of any
legal nonconformity.
October 8, 1996
- 32 -
item V-L.Z
PUBLIC HFARING ITEM # 41326 (Continued)
PLANNIIVG
7his Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ei2hth Qf October, Nineteen
Hundred and Ninety-Six.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Ilarold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf and rice Mayor gilliam D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McCianan and Nancy K I'arker
Council Members Absent:
Louisa M. Strayhorn
October 8, 1996
- 33 -
Item V-L.3.
PUBLIC HEARING ITEM # 41327
PL4MV,VVG BY CONSEAT
Upon motion by Vice Mayor Sessotm, seconded by Council Lady Parker, City Council ADOPTED
Ordinances upon application of DISABLED VETERANS OF 1,7RGINL4 BEACH, INC. for a
Cm&tional Change of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICA77ON OF DIWLED TIFTERANS OF
FIRGINL4 BF,4CH, INC, FOR A CIL4NGE OF ZONING DISTRICT
CL4SSIFICATION FROM R-5D 7'0 A-24 Z010961502
BE IT HEREBY ORDAINED BY THE COUNCIL OF THL CITY OF 117RCINL4 BEACH, 1,7RGINL4
Ordinance upon application of Disabled Veterans of Virginia Beach, Inc.,
for a Change of Zoning District Classification fi-om R-5D Residential
DuplexDistrict to Conditional A-24Apartment District on the south side
of Bonney Road, 543.4 feet east of Kenley Road. The proposed zoning
classification change to Conditional A -24 is for multifamily land use at
a density no greater than 24 dwelling units per acre. 77ie Comprehensive
plan recommends use of this parcel for urban low density at densities
that are compatible with townhouse use in accordance with other Plan
policies. Said parcel is located at 4915 Bonney Road and contains 1.45
acres. KEMPSVILLE BOROUGIL subject to:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
A ND,
ORDINANCE UPON APPLICA77ON OF DI@WLED VETER,4N,5 OF
VIRGINLI BELCH, INC FOR A CONDITIONAL USE PERMIT FOR A
LODGE RO]0962070
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF 1,7RGINL4 BEACH, VIRGINLI
Ordinance upon application of Disabled Veterans of Virginia Beach, Inc.
for a Conditional Use Permit for a lodge on the south side of Bonney
Road, 543.4 feet east of Keiiley Road. Said parcel is located at 4915
Bonney Road and contains 1.45 acres. KEMPST,7[,LE BOROU(YIL
7he following conditions shall be required:
1. 7he conditional use permit is approved for a 5,041 square fool,
one-story lodge for the Disabled Veterans of Virginia Beach.
2. 7he property shall be developed substantially in accordance
with the site plan entitled "Rezoning and Conditional Use
Permit Site Plan of Unnumbered Parcel" as shown on I'lat
entitled "Property of Russell Sheppari4 a part of Tract No. 14,
A. W. Cornick's Kempsville Farm (M.B. 43, P. 41) for the
Disabled Veterans of Virginia Beach, Inc.'
3. Prior to jinal site plan submittal, the applicant shall submit a
tree preservation plan for approval by the Planning Director,
providing for adequate tree protection measures to prevent
construction damage to not less than six (6) of the eight (8)
mature frees shown on the plan referenced in Condition #2,
above.
October 8, 1996
- 34 -
item V-L.3.
PUBLIC HEARING ITEM # 41327 (Continued)
PLANNING BY CONSENT
4. In the event that less than six of the depicted mature trees
remain in healthy condition following construction of the
proposed use, the applicant shall replace the diseased or
damaged trees at a ratio of three-to-one (3:1), utilizing
comparable species in conformance with applicable City
standards.
5. Prior to final site plan submittal, the applicant shall submit
revised renderings for approval by the Planning Director,
providing enhancements to the submitted design to achieve
greater compatibility with existing residential properties and
with recommended future development of the adjacent property
across Bonney Road
7'hese Ordinances shall be effective in accordance with @5ection 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, trtrginia, on the Eiehth 12f October, Nineteen
Hundred and Ninety-Six.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Ilarold
Heischober, Barbara M. Ilenley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf Napicy K Parker and Face Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Louisa M. Strayhorn
Councilman Heischober DISCLOSED pursuant to Section 21-639.14(G) of the Code of Virginia, he is
a member of the Disabled Veterans of Virginia Beack Inc. as serves as Chairman of its Building
Committee. He does not receive any salary or other compensation from Disabled Veterans of Virginia
Beact% Inc. Councilman Heischober declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councilman Ikischober's letter of October 8, 1996, is hereby made
apart of the record.
October 8, 1996
HAROLD HEISCHOBER 4372 HOLLAND ROAD
COUNCILMAN AT LARGE VIRGINIA BEACH VIRGINIA 23462
(804) 499 85M
FAX (804) 426 @669
October 8, 1996
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
1. The transaction for which I am executing this written disclosure is the
Council's discussion and vote on the applications of Disabled Veterans of
Virginia Beach, Inc. for a conditional change of zoning and a conditional use
permit on a 1.45 acre parcel of property located on Bonney Road.
2. The nature of my personal interest is that I am a member of Disabled Veterans
of Virginia Beach, Inc., and serve as Chairman of its Building Committee.
However, I do not receive any salary or other compensation from Disabled
Veterans of Virginia Beach, Inc., do not have an ownership interest in the
corporation, and do not incur or assume any personal liability on behalf of the
corporation.
3. Although the City Attorney has advised me that this interest does not meet the
criteria of a personal interest in a transaction under the Conflict of Interests
Act, I wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Mrs. Ruth Hodges Smith -2- January 9, 1996
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincefely,
Harold Heischober
Councilman
HH/dah
Enclosure
LESLIE L. LILLEY
Cl@ ATTORNEY MUNICIPAL CENTER
2401 COURTHOUSE IRIIE
In Reply Refer To Our File No. OP-390 VIRGINIA BEACH, VA 23456.@
(757) 4274531
FAX (757) 42"687
TOO (757) 427-@5
October 8, 1996
Councilman Harold Heischober
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Opinion
Dear Councilman Heischober:
I am writing in response to your request for an opinion regarding your ability to
Participate in City Council's discussion and vote on the applications of Disabled Veterans of
Virginia Beach, Inc. for a conditional change of zoning and a conditional use Permit on a
1.45 acre parcel of property located on Bonney Road. The applications are scheduled for
the October 8, 1996, meeting of the Council.
SUMMARY CONCLUSION
From my review of the State and Local Govenunent Conflict of Interests Act (the
"Act") and the information provided by you as referenced below, I am of the opinion that
you do not have a 'personal interest in the applications of Disabled Veterans of Virginia
Beach, Inc. for a conditional change of zoning and a conditional use permit. Thus, you
would be permitted to participate in Council's discussion and vote on the applications without
restriction. For your information, I have outlined the disclosure requirements of § 2.1-
639.14(G) of the Act should you desire to disclose your relationship and participate. I have
also outlined the applicable provisions for abstention set forth in § 2.1-639.14(E) of the Act
should you choose not to participate.
FACTS PRESENTED
Your request for an advisory opinion is generated by the Council's discussion and
vote on the applications of Disabled Veterans of Virginia Beach, Inc. for a conditional
Councilman Harold Heischober -2- January 9, 1996
change of zoning and a conditional use permit. You have advised that your concern and
reason for requesting this opinion is that you are a member of Disabled Veterans of Virginia
Beach, Inc., a 501(c)(3) non-profit corporation, and serve as Chairman of its Building
Comniittee. You have further advised, however, that you do not receive any @ or other
compensation from Disabled Veterans of Virginia Beach, Inc., do not have any ownership
interest in the corporation, and do not assume any liability on behalf of the corporation.
Please review and verify the accuracy of the facts as set forth as you may only rely
upon this opinion if they are correct and complete.
ISSUE PRESENTED
Does the Conflict of Interests Act preclude you from participating in City Council's
discussion and vote on the applications of Disabled Veterans of Virginia Beach, Inc. for a
conditional change of zoning and a conditional use permit?
I. Applicable Definitions of the Act.
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the Act.
B. You are an officer within the meaning of § 2.1-639.2.
C. Council's discussion and vote on the applications of Disabled Veterans of
Virginia Beach, Inc. constitutes a "transaction" as defined by the Act. A transaction includes
any matter considered by any governmental agency on which official action is taken or
contemplated.
D. "Personal interest" is defined in § 2.1-639.2 as a financial benefit of liability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income
from Ownership in real or personal property or a business in excess of $10,000.00; 3) salary
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
Councilman Harold Heischober -3- January 9, 1996
E. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
II. Application of Definitions
A. Personal Interest
A personal interest exists by reason of one of five specified categories, as noted above
in the definition of "personal interest". Specifically, my review of those categories and the
facts presented indicate that with respect to Disabled Veterans of Virginia Beach, Inc., you
do not receive any salary or other compensation from the corporation, do not have any
ownership interest in the corporation, and do not incur or assume any personal liability on
behalf of the corporation. Therefore, I conclude that you do not have a "personal interest"
in Disabled Veterans of Virginia Beach, Inc. as defmed by the Act.'
B. Personal Interest in the Transaction
You do not have a "personal interest" as defined above; therefore, you cannot have
a 'personal interest in the transaction" as defined in the Act.
III. Disclosure Reguirements
Based on the fact that you do not have a personal interest in the applications of
Disabled Veterans of Virginia Beach, Inc. for a conditional change of zoning and a
conditional use permit, you are not restricted in voting as to the applications. Nevertheless,
l'Ibree opinions of the Attorney General dealing with directors or board members are of
relevance: President of a Virginia Community College who serves on the advisory board of directs of a
private bank and who receives $800 annually from the bank for his services is not required to disqualify
himself from transactions involving the college because he does not have a personal interest in the bank.
COI Adv. Op. No. 46 (1984). A member of a local board of supervisors who also serves as a nonpaid
director of a county community action agency is not required by the Act to disqualify himself from the
board's consideration of the agency's funding request absent the member having a financial interest in
the agency. COI Adv. Op. No. 81 (1986). By definition, a sanitation commission member who also
serves as chairman of a county service authority and who does not receive in excess of $10,000 from both
the comniission and the authority does not have a "personal interest" in either body and, thus, need not
disqualify himself from participating in a transaction involving both bodies. COI Adv. Op. No. 76
(1986).
Councilman Harold Heischober -4- January 9, 1996
if you are concerned that your participation in Council's discussion and vote on the
applications may create some appearance of impropriety because of your position, there are
two options available to you which may diffuse any perception problems that may arise:
1. You may either disclose the facts as presented herein and proceed to vote as
to the applications; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orally, which is to be recorded in the written n-dnutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shall retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
judgment which are clearly improper. The law does not, however, protect against all
appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial. I have opined that you may participate in Council's discussion and
vote on the applications without restriction. I have also opined that you may choose to
disclose your interest and participate. However, if you are concerned that participating, even
after disclosure, could create an unacceptable appearance, you may abstain from participating
under § 2.1-639.14(E) provided that you first disclose your interest in the transaction.
Please contact me should you desire any additional information.
Very truly yours,
e L. IAHey
City Attorney
LLL/RMB/dah
Enclosures
- 35 -
Item V-L.4.
PUBLIC HEARRNG ITEM # 41328
PL4AWING BY CONSEAT
Upon motion by Vice Mayor Sessonw, seconded by Council Lady Parker, City Council DEFEIWD 30
ZX4YS until the City Council Session of November IZ 1996, the Application of CENTEX HOMES for
a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF CENTEX HOMES FOR A
CHANGE OF ZONING DIS7RICT CLA,5SIFICATION FROM B-2 TO
R-15
Ordinance upon application of Centex Homes for a Change of Zoning
District Classification from B-2 Community Business District to R-15
Residential District on certain property located at the northeast corner
of Lay Brisas Drive and Sandbridge Road 7he proposed zoning
classification change to R- 15 is for single family residential land use on
lots no less than 15,000 square feet. 7he Comprehensive Plan
recommends use of this parcel for commercial land use in accordance
with other Plan policies. Said parcel contains 5.58 acres. PRINCESS
ANNE BOROUGII
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Bawn, LinwoodaBranch, 111, William W. Harrisoll, Jr., Harold
Heischober, Barbara M. Ife@iley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sessotm, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayho"i
October 8, 1996
- 36 -
item V-L.S.
PUBLIC HEARING ITEM # 41329
PLAMVING BY CONSEAT
UPon ntotion by nice Mayor Sessona, seconded by Council Lady Parker, City Council ALLOWED
WITMDJt4WAL of the Application of ROBE)tT & JANET KOTTKE for a Conditional Use Permit.-
ORDINANCE UPON APPLICATION OF ROBERT& JANET K07TKE
FOR A CONDITIONAL USE PERMIT FOR A SCHOOL
Ordinance upon application of Robert & Janet Kortke for a Conditional
Use Permit for a school at the northwest corner of Mill Dam Road and
Shoveller Avenue. Said parcel is located at 1540 Mill Dam Road and
contains 1. 7 acres. LYNNIL4 VEN BOROUCIL.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Louisa M. Strayhorn
October 8, 1996
- 37 -
Item V-L.6.
PUBLJC HEARING ITEM # 41330
PL4MV17VG
Attorney Jonathan L Hauser, 500 East Main Street, Suite 1520, Norfo@ Phone: 664-2460,
represented the applicant. Letterfrom Attorney Hauser dated October 7,1996, requesting WITHDRAWAL
is hereby made a part of the record.
Pat Grillo, 1330 Victorian Crescent, Phone: 481-5577, represented Victorian Crescent Townhouses, and
registered in OPPOSITION.
Upon motion by Councibnan Harrison, seconded by rice Mayor Sessoms, City Council ALLOWED
W7THDR,4WAL of the Ordinance upon application of MICHAEL T. & ANNA E BERTOLINO
for a Conditional Change of 7,oning District Classification:
ORDINANCE UPON APPLICITION OF MICHAEL T AND ANNA
MARIE BERTOLINO FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-10 TO B-2
Ordinance upon application of Michael T & Anna Marie Berfolino for
a Change of Zoning District Classification from R- 10 Residential District
to Conditional B-2 Community Business District on the north side of
Mill Dam Road, 460 feet east of North Great Neck Road. 7he proposed
zoning classification change to Conditional B-2 is for commercial land
use. 7he Comprehensive Plan recommends use of this parcel for
suburban medium density residential at densities that are compatible with
single family use in accordance with other Plan policies. Said parcel is
located at 1548 Mill Dam Road and contains I acre. LYNNIL4YEN
BOROUGH.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Ilarold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sessotw, Jr.
Council Members Voting Nay:
None
Council Meinbers Absent:
Louisa M Strayhorn
October 8, 1996
- 38 -
Item V-M.I.
APPOINTMENTS ITEM # 41331
Upon NOMINA77ON by Vice Mayor Sessoms, City Council APPOINTED:
COMMUNITY SERI,7CES BOARD
John M. Ickes
10101196 - 12131197
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% 111, William W Harrison, Jr., Ilarold
Heischober, Barbara M Henley, louis R. Jones, Reba .5. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor Wzlliam
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M Strayhorn
October 8, 1996
- 39 -
Item V-M.2.
APPOINTMENTS ITEM # 41332
BY CONSENSUS, City Council RESCHEDULED:
EROSION COMMISSION
October 8, 1996
- 40 -
Item V-N.I.
NEW BUSINESS ITEM # 41333
By CONSEIVSM City Council SCHFD ULED SPECL4L FORMAL SESSION for the following purpose:
PUBLIC HEARING
Wednesday, October 23, 1996 - 7.-OO PM.-
City Council Chamber
CITIZEN COMMENT CONCERIVING FARMERS'MARKET
No action will be taken
at this Special Session
October 8, 1996
- 41 -
imm V-0.1.
ADJOURNMENT ITEM # 41334
Mayor Meyera E. Obemdorf DECLAMD the City Council Meeting ADJOURNED at 3:25 P.M.
-- -42.-/y/. @/@ -----------
Beverly 0. Hooks, CMCIAAE
Chief Deputy City Clerk
------ --- ----------------------
th Hodges Switl4 CMCI@ Meyera E. Oberndorf
City Clerk Mayor
City of lirginia Beach
1-irg@
October 8, 1996