JANUARY 4, 1994 MINUTES
City of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Borough
JAMES W. BRAZIER, JR., Lynnhaven Borough
ROBERT W. CLYBURN, Kempsville Borough
ROBERT K. DEAN, Princess Anne Borough
LOUIS R. JONES, Bayside Borough
PAUL J. LANTEIGNE, Pungo Borough
JOHN D. MOSS, At-Large
NANCY K. PARKER, At-Large
JAMES K. SPORE, City Manager CITY COUNCIL AGENDA
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC/AAE, City Clerk
JANUARY 4, 1994
I. INFORMAL SESSION - Council Chamber - 11:00 AM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
II. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Joseph T. Carson III
Memorial United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - December 14, 1993
2. SPECIAL FORMAL SESSION - December 21, 1993
G. PUBUC HEARINGS
1 . ESTABLISH ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY
2. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION
a. Community Alternatives, Inc.
b. Community Alternatives Management Group, Inc.
H. ORDINANCES
1 . Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the City of Virginia
Beach, Virginia, establishing election districts and voting places at King's Grant
Elementary School and St. Nicholas Catholic Church within the City.
2. Ordinance, upon FIRST READING, establishing Pembroke Area Regional
BMP-Phase 1, as Capital Project #2-223, with appropriations of $1,300,000 of which
$300,000 is to be TRANSFERRED from the Economic Development Investment Program
and $1-Million revenue from the General Fund.
3. Ordinance authorizing the City Manager to enter into a Cost-Participation Agreement
with Capitol Industries, Inc., re construction of a sub-regional BMP in the Central
Business District to satisfy stormwater runoff demands.
I. RESOLUTIONS
1. Resolutions supporting legislation at the 1994 General Assembly Session designating real
and personal property as being exempt from State and Local Real and Personal
Property Taxation:
a. Community Alternatives, Inc.
b. Community Alternatives Management Group, Inc.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1 Ordinance granting a forty (40) year lease to Sprint Cellular Company ('grantee") for the
lease of City-owned property near the intersection of Rosemont Road and Street "A",
containing approximately 1,862 square feet, re construction, maintenance and operation
of a communications antenna and related appurtenances; and, authorizing the City
Manager enter into a Lease Agreement with the grantee (PRINCESS ANNE BOROUGH).
2. Ordinance to APPROPRIATE $500,000 re continuation of ultra low-flush toilet
replacement rebate program to be funded thru the Water and Sewer fund.
3. Ordinance to ACCEPT and APPROPRIATE $1,500 from a Virginia Department of Motor
Vehicle (VDOT) grant re purchase of notebook computer for the Motor Carrier Safety
Inspections Program.
4. Ordinance authorizing tax refunds in the amount of $4,516.53.
K. PUBLIC HEARING
1. PLANNING
a. Applications of GAIL M. LEVINE and WILLIAM M. DRAGAS for Change of Zoning
District Classifications at the Northwest and Southwest corners of North Great
Neck Road and Lynnhaven Drive (LYNNHAVEN BOROUGH):
(1) From B-2 Community Business District to A-18 Apartment District,
containing 12 acres, more or less.
(2) For a PD-H2 Planned Unit Development District Overlay, containing
24 acres, more or less.
Recommendation: APPROVE BOTH APPLICATIONS
b. Applications of INDIAN RIVER PLANTATION, INC. and INDIAN RIVER
COUNTRY CLUB ESTATES, L.P. for Conditional Changes of Zoning District
Classifications (PRINCESS ANNE BOROUGH):
(1) From AG-1 Agricultural District to R-20 Residential District, containing
63.3 acres:
Parcel 1: 650 feet North of Indian River Road beginning at a point
600 feet more or less West of West Neck Road.
Parcel 2 1400 feet North of Indian River Road beginning at a point
1200 feet more or less West of West Neck Road.
Parcel 3 1000 feet North of Indian River Road beginning at a point
2100 feet more or less West of West Neck Road.
Parcel 4: 600 feet North of Indian River Road beginning at a point
2800 feet more or less West of West Neck Road.
Parcel 5: 1360 feet North of Indian River Road beginning at a point
5050 feet more or less West of West Neck Road.
(2) From AG-2 Agricultural District to R-20 Residential District, containing
117.1 acres:
Parcel 1: Northwest intersection of Indian River Road and West Neck
Road.
Parcel 2: 1200 feet North of Indian River Road beginning at a point
1650 feet more or less West of West Neck Road.
Parcel 3. 2880 feet more or less West of the intersection of Indian
River Road and West Neck Road.
Parcel 4: 680 feet North of Indian River Road beginning at a point
2750 feet more or less West of West Neck Road.
Parcel 5: 2400 feet more or less North of Indian River Road
beginning at a point 3400 feet more or less West of West
Neck Road.
Parcel 6: 1250 feet North of Indian River Road beginning at a point
3800 feet more or less West of West Neck Road.
Parcel 7: 1350 feet North of Indian River Road beginning at a point
5320 feet West of West Neck Road.
Deferred: September 14, 1993, October 12, 1993, and
December 14, 1993,
Recommendation: APPROVE ALL APPLICATIONS
C. Applications of INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY
CLUB ESTATES, LP., ROBERT F. RIPLEY and THOMAS VANCE
(PRINCESS ANNE BOROUGH):
(1) Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots
created by subdivision must meet all requirements of the City Zoning
Ordinance at the Northwest intersection of Indian River Road and West
Neck Road.
(2) Conditional Change of Zoning District Classification from R-40 Residential
District to R-20 Residential District, containing 98.8 acres:
Parcel 1 North side of Indian River Road beginning at a point 2300
feet more or less West of West Neck Road.
Parcel 2 1700 feet North of Indian River Road beginning at a point
1150 feet more or less West of West Neck Road.
Parcel 3 North side of Indian River Road beginning at a point 5800
feet more or less West of West Neck Road.
(3) Conditional Use Permit for an Qpen-Space Promotion at the Northwest
intersection of Indian River Road and West Neck Road, containing 279.2
acres.
Deferred: September 14, 1993, October 12, 1993, and
December 14, 1993,
Recommendation: APPROVE ALL APPLICATIONS
2. Ordinance authorizing the discontinuance, closure and abandonment of a portion of
Columbus Street beginning at the Eastern boundary of Constitution Drive and running in
an Easterly direction a distance of 650 feet, being 50 feet in width and containing 33,854
square feet, in the petition of COLUMBUS CENTER ASSOCIATES
(BAYSIDE BOROUGH).
Deferred Indefinitely: July 9, 1990
Deferred for Compliance: December 15, 1992
Additional Deferral: June 22, 1993
Additional Deferral: December 14, 1993
Recommendation, FINAL APPROVAL
L. APPOINTMENTS
HISTORICAL REVIEW BOARD Resignation
PERSONNEL BOARD Resignation
TIDEWATER DETENTION HOME
M. UNFINISHED BUSINESS
1. Two-Year Fiscal Budget
(Sponsored by Council Member John D. Moss)
N. NEW BUSINESS
1. Golf Course Lease for City-owned property adjacent to Seaboard Road.
O. ADJOURNMENT
CITY COUNCIL WORKSHOP
SOUTHERN RURAL PRESERVATION AREA
Pavilion Conference Room
January 8, 1994 9:00 AM
* * * * * * * * * * * k *
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)
12/29/93/cmd
AGENDA\L -4-94.PLN
WILLIAM D SESSOMS, JH 8@ GREENTREE ARCI f
V C@E MAYOR VIRGJNIA REACH. VIRGINIA 23451
(@4) 455 573,'
January 4, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Act
Dear Mrs. Smith:
In accordance with my letter to you dated August 10, 1993, I have thoroughly
reviewed the agenda for the January 4, 1994, meeting of City Council for the purpose of
identifying any matters in which I might have an actual or potential conflict under the
Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best
of my knowledge, there are no matters on the agenda in which I have a "personal interest,"
as defined in the Act, either individually or in my capacity as an officer of Central Fidelity
Bank. Accordingly, I respectfully request that you record this letter in the official records
of the Council.
Thank you for your assistance and cooperation in this matter.
Very truly yolirs,
William D. Sessoiiis, Jr.
Vice-Mayor
WDS,Jr./dmc
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach Virginia
January 4, 1994
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber. City Hall Building, on Tuesday, January 4, 1994, at 11:00 A.M.
Council Members Present:
John A. Bawn, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louiv R. Jones, John 1). Movv, Mayor Meyera
E. Oberndorf Naticy K. I'arker and Vice Ma))oi- U'illia,7i I). @evsoms, Jr.
Council Members Absent:
Paul J. Lanteigrie [EN7@'RI',I) 'IYVI A7' 12:00 NOON]
rice Mayor Sessoms, being a Corporate Officer of Central I,idelit -v l@aiik, disclosed there were no matters
on the agenda in which he has a "personal interest", as d(,fiiicd in the Act, either individually or ill hiy
capacity as an officer of Central Fidelity Bank. The Vic(! Ma -yor regularly files this Disclosure with the
City Clerk as he may or may not know of the Balik'.v interest @ii any,ip[)Iicatioii that may come before ("IIY
CounciL Vice Mayor Sessoms' letter of Januarj) 4, 1994, i-s h(,ren tn(ide a part of the record.
- 2 -
ITEM # 37537
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
21-344(A)(1).
To-Wit: Appointments - Boards and Commissions:
Bond Referenda Committee
Historical Review Board
Personnel Board
Southeastern Virginia Areawide Model Program
Virginia Beach Crime Task Force
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To-Wit: Oxford House
Centerville Turnpike right-of-way acquisition
PUBLICLY-HELD PROPERTY.- Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-Wit: Acquisition of Real Property: Southeastern Expressway Right-Of-Way
Centerville Turnpike Right-Of-Way
Disposition of Properly: Holly/Laskin Road Right-Of-Way
Oceana Village Park Site
Seatack Recreation Center - Site Selection
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, fohn D. Moss, Mayor
Meyera F. Oberndorf, Nartcy K Parker ri(c Mav,or William D. 5essoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
January 4, 1994
- 3
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 4, 1994
2:00 P.M@
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 4, 1994, at 2:00 PM.
Council Members Present:
John A. Bawn, Linwood 0. Branch, III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, I'aul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nan(y K. I'(irker and Vice Mayor
William D. 5essoms, Jr
Council Members Absent:
None
INVOCATION Reverend Joseph 7@ Carson III
Memorial United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
January 4, 1994
4
Item II-E.1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37538
The City Attorney CLARIFIED the EXECUTIVE SESSION. Under the Executive Session Motion for
Publicly Held Property, there was an error in the categories. Holly/Laskin Road Right-of-Way should
have been under Acquisition of Property instead of Disposition of Property. Seatack Recreation Center-
Site Selection should have read Discussion, and not under the category: Disposition of Property.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS and the City
Attorney's delineation above.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Liriwood 0. Branch, III, Jutti(,s @' brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, I'aul I. l,anteigne, John D.
Moss, Mayor Meyera I,,. Oberndorf, V(iiici K. I'(iiA(-r and Vice Mayor
William D. @essoms, Jr
Council Members Voting Nay:
Non e
Council Members Abse?iy:
None
Januarv 4, 1994
Resolution
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 37537, Page No. 2, and in accordance with
the provisions of The Virginia Freedom of Information Act, and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was coiiducte@l in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
@th li
City Clerk January 4, 1994
5
Item II-F.1.
MINUTES ITEM # 37539
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of December 14, 1993.
Councilman Moss requested the inclusion of his letter of ABSTENTION
re the Ordinance upon application of TUNE UP PLUS for a Conditional
Use Permit. Councilman Moss has a financial interest in EXXON.
(ITEM #37515)
Voting: 10-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, James W Brazier, Jr., Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Parker and nice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Robert K Dean
Council Members Absent:
None
Councilman Dean ABSTAINED as he was not in attendance during the City Council Session of December
14, 1993.
January 4, 1994
6
Item III-F.2.
MINUTES ITEM # 37540
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the SPECIAL FORMAL SESSIONS of December 21, 1993.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branck III, James W Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera P,. Oberndorf, Nancy@ K. I'arker and Face Mayor
14rilliam D. @essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
January 4, 1994
- 7 -
Item II-G.1.
PUBLIC HEARING ITEM # 37541
Mayor Oberndorf DECLARED A PUBLIC HEARING:
ESTABLISH ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
January 4, 1994
8
Item II-G.2.
PUBLIC HEARING ITEM # 37542
Mayor Oberndorf DECLARED A PUBLIC HEARING:
REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION
a. Community Alternatives, Inc.
b. Community Alternatives Management Group, Inc.
The following registered to speak in SUPPORT:
Karen Mallam, 3133 Magic Hollow Boulevard, Phone: 468- 7000. represented Community Alternatives,
Inc.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
January 4, 1994
9
Item II-H.1.
ORDINANCES ITEM # 37543
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the
City of Virginia Beach, Virginia, establishing election districts and voting
places at King's Grant Elementary School and St Nicholas Catholic
Church within the City.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W
Clyburn, Robert Y, Dean, Louis R. Jones, I'aul J. Latileigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K I'arker and Vice Mayor
grilliam D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Non e
January 4, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 10-1 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO ELECTION DISTRICTS AND
5 VOTING PLACES WITHIN THE CITY OF
6 VIRGINIA BEACH.
7 BE IT ORDAINED BY THE CITY COUNCII. OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 10-1 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained to read as follows:
11 Section 10-1. Establishinent of election districts and voting
12 places.
13 There are hereby established in the City of Virginia Beach the
14 following election districts and their respective voting places, as
15 set forth below:
16
17 ELECTION DISTRICT VOTING PLACES
18
19 Alanton Alanton Elementary School
20 Aragona Bayside Middle School Grade 6
21 Arrowhead Arrowhead Elementary School
22 Bayside Bayside Elementary School
23 Bellamy Indian Lakes Elementary School
24 Blackwater Blackwater Fire Station
25 Bonney Center for Effective Learning
26 Brandon Brandon Middle School
27 Cape Henry Research and Enlightenment Building (Edgar
28 Cayce Library)
29 Capps Shop P. A. Mosquito Control Building
30 Centerville Centerville Elementary School
31 Chesapeake Beach Bayside Baptist Church
32 College Park College Park Elementary School
33 Courthouse Courthouse Fire Station
34 Creeds Creeds Fire Station
35 Davis Corner Bettie F. Williams Elementary School
36 Fairfield Fairfield Elementary School
37 Forest King's Grant Elementary School
38
39 Glenwood Glenwood Elementary School
40 Great Neck Francis Asbury United Methodist Church
41 Green Run Green Run Elementary School
42 Holland Holland Elementary School
43 Homestead Providence PresbyterLan Church
44 Kings Grant
45 St. Nicholas Catholic Church
46 Kingston Kingston Elementary School
47 Lake Smith Shelton Park Elementary School
48 Larkspur St. Andrews United Methodist Church
49 Linkhorn The Evangelical Lutheran Church of the Good
50 Shepherd
51 Little Neck St. Aidan's Episcopal Church
52 London Bridge London Bridge Baptist Church
53 Lynnhaven Lynnhaven Colony United Church of Christ
54 Magic Hollow Roma Lodge No. 254
55 Malibu Malibu Elementary School
56 Meadows Pembroke Meadows Elementary School
57 Mt. Trashmore Windsor Woods Elementary School
58 North Beach Galilee Episcopal Church
59 Oceana Scott Memorial United Methodist Church
60 Ocean Lakes Ocean Lakes Elementary School
61 Ocean Park Bayside Christian Church
62 Old Donation Old Donation Center for Gifted
63 Pembroke Pembroke Elementary School
64 Plaza Lynnhaven Elementary School
65 Point of View Point of View Elementary School
66 Providence Kempsville Recreation center
67 Red Wing Fire Training Center
68 Salem Salem Baptist Church
69 Seatack Seatack Elementary School
70 Shannon Church of the Ascension
71 Sherry Park St. Matthews Catholic Church
2
72 Sigma Sandbridge Fire Station
73 South Beach Virginia Beach Center for the Arts
74 Stratford Chase Providence Elementary School
75 Thalia Thalia Elementary School
76 Thoroughgood Independence Middle School
77 Timberlake White Oaks Elementary School
78 Trantwood Virginia Beach Christian church
79 Windsor Oaks Windsor Oaks Elementary School
80 Witchduck Bayside Presbyterian Church
81 Wolfsnare Eastern Shore Chapel
82 Woodstock Avalon Church of Christ
83 Central Absentee Agriculture/Voter Registrar
84 Voter Election District Building
85 This ordinance shall not be effective until approved by the
86 United States Attorney General under the Voting Rights Act of 1965.
87 Adopted by the Council of the City of Virginia Beach, Virginia
88 on the Fourth day of January 1994
89 CA-5395
90 \ORDIN\PROPOSED\10-001.ORD
91 R-1
92 DECEMBER 6, 1993
APPROVED AS TO CC,"TENTS
APPR@-"'V:D AS -,O LEGAI
SUFFICIE.N@t4D FORTA
EY
3
- 10 -
Item II-H.2.
ORDINANCES ITEM # 37544
Gerald S. Divaris, One Columbus Center, Phone: 497-2113
Edward Guidos, 313 Ferdinand Circle, Phone: 490-2572, President of the Columbus Station Condo
Association, opposed the project as described; however the Association believes in planning for the
future.
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council APPROVED, AS
AMENDED, upon FIRST READING:
Ordinance establishing Pembroke Area Regional BMP-Phase 1, as
Capital project #2-223, that the project be funded by a TRANSFER of
$1-Million from the General Fund balance to the Economic Development
Investment Program (EDIP) (Project #2-141), after, by a subsequent
TRANSFER of $1.3 Million fronm EDIP (Project #2-141) to the
Pembroke Area Regional BMP-Phase 1 (Project #2-223)
Lines 29-31 shall be DELETED and the following verbiage added:
"That the project be funded by a transfer of $1-Million from the General
Fund Balance to the Economic Development Investment Program (EDIP)
project #2-141, and by a subsequent transfer of $1.3-Million from
EDIP project #2-141 to the Pembroke Area Regional BMP-Phase I,
project #2-223."
Councilman Moss requested the standard form for these projects be provided by the Department of
Economic Development and be made a part of the record.
Voting: 11-0
Council Members Voti@ig Aye:
John A. Baum, Linwood 0. Ilratich, III, James W. Ilrazier, Jr., Robert W
Clyburn, I?obert K. Dean, I,ouis R. Jones, Iaul I l,aittcigiie, John D.
Moss, Mayor Mc,),era I,,. Oberndorf N(iii(@ K and Vice Ma),or
William D. Sessotiis, li-
Council Members Voting Nay:
None
Council Members Absent:
Non c
Items II-,FI.2 and II-II.3 were voted upon together
.Ianuary 4, 1994
1 AN ORDINANCE TO ESTABLISH PROJECT
2 #2-223 PEMBROKE AREA REGIONAL BMP-
3 PHASE I TO BE FUNDED THROUGH A
4 $300,000 TRANSFER AND $1,000,000
5 FROM GENERAL FUND BALANCE
6 WHEREAS, there is a current need for a regional Best
7 Management Practice (BMP) to serve undeveloped properties or
8 redeveloped properties for the Pembroke Area bounded by
9 Independence Boulevard, Virginia Beach Boulevard, Beasley Drive,
10 and Norfolk Southern Railroad;
11 WHEREAS, it would be advantageous for the city to
12 establish a storm water management project with phase I of the
13 project to include construction of a wet detention pond, a trunk
14 line along Columbus Street, and an outfall line along Southern
15 Boulevard in order to create this regional BMP such that the future
16 development in the area will be served by the BMP. Such
17 development is expected to contribute to reimbursing the cost of
18 the BMP;
19 WHEREAS, the cost for the Pembroke Area Regional BMP
20 Phase I project is estimated at $1,300,000;
21 WHEREAS, funding for the project will come from a
22 $300,000 transfer from project #2-14l Economic Development
23 Investment Program and $1,000,000 from General Fund Balance.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26 That the project #2-223 Pembroke Area Regional BMP-Phase
27 I is hereby established as a capital project with appropriations
28 totalling $1,300,000;
29 That the project be funded by a transfer of $1,000,000
30 from the General Fund Balance to the Economic Development
31 Investment Program (EDIP) #2-141, and by a subsequent transfer of
32 $1,300,000 from the EDIP project #2-141 to the Pembroke Area
33 Regional BMP - Phase I, project #2-223;
3 4 That any funds received from project related developer
35 contributions will be used to reimburse General Fund Balance.
36 This ordinance needs two readings and, if adopted after
37 two readings, shall be effective upon adoption.
38 Adopted by the Council of the City of Virginia Beach, Virginia
39 on the day of 1994.
40 First Reading: January 14, 1994
41 Second Reading:
42 CA-5420
43 \ORDIN\NONCODE\BMP2.ORD
44 R-2
45 PREPARED: December 29, 1993
2
If
Item II-H.3.
ORDINANCES ITEM # 37545
Gerald S. Divaris, One Columbus Center, Phone: 497-2113
Edward Guidos, 313 Ferdinand Circle, Phone.- 490-2572, President of the Columbus Station Condo
Association, opposed the project as described; however the Association believes in planning for the
future.
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, Council, ADOPTED:
Ordinance authorizing the City Manager to enter into a Cost-
Participation Agreement with Capitol Industries, Inc., re construction of
a sub-regional BMP in the Central Business District to satisfy
stormwater runoff demands.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Jairics W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, I'aul 1. l,anteigne, John D.
Moss, Mayor Meyera l@'. Oberndorf, Nan(@ K. I'(irkt,r and Vice Mayor
William D. @e6;soms, Jr
Council Members Voting Nay:
Non e
Council Members Absent:
None
Items II-11.2 and II-11.3 were voted upon together-,
January 4, 1994
1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO
2 ENTER INTO AN AGREEMENT WITH CAPITOL
3 INDUSTRIES, INC. CONCERNING THE CONSTRUCTION
4 OF A SUB-REGIONAL BMP IN THE CENTRAL BUSINESS
5 DISTRICT
6 WHEREAS, Capitol Industries, Inc. (Developer) has
7 proposed to construct a twelve (12) screen movie cinema and a
8 retail emporium on approximately ten (10) acres of land located in
9 the Central Business District;
10 WHEREAS, Developer has requested the City to provide an
11 off-site, city-owned water quality enhancement structure best
12 management practice (BMP) to satisfy the stormwater runoff demands
13 of the proposed development and future development of other
14 properties in the Central Business District;
15 WHEREAS, the City Council is of the opinion that a city-
16 owned and maintained BMP in the Central Business District will
17 further legitimate public interests; and
18 WHEREAS, the Developer has aqreed to cost-participate
19 with the City for the design and construction of the BMP.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 That the City Manager is authorized to enter into the
23 Agreement between Capitol Industries, Inc. and the City of Virginia
24 Beach, a copy of which is attached hereto.
25 Adopted by the Council of the City of Virginia Beach,
26 Virginia, on the Fourth day of January, 1994.
27 CA-5422
28 NONCODE\BMP-2.ORD
29 R-1
CPNTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
FORM
ORNEY
1 THIS AGREEMENT made this day of , 199- by and
2 between CAPITOL INDUSTRIES, INC., a Maryland Corporation ('Developer'), party of
3 the first part, and The CITY OF VIRGWIA BEACH, a Municipal Corporation of the
4 Commonwealth of Virginia ("City'), party of the second part, and COLUMBUS CENTER
5 ASSOCIATES ("CCA"), a Virginia general partnership.
6 WITNESSETH:
7 WHEREAS, the Developer has entered into a contract to purchase
8 approximately ten (10) acres of land situated in the City of Virginia Beach, Virginia which
9 is shown as parcels 12 and 16 on the plan titled Preliminary Plan For Parcel #15 ("Plan"),
10 attached hereto as Exhibit A; and
11 WHEREAS, the Developer proposes to construct on parcels 12 and 16 a
12 twelve (12) screen movie cinema and a retail emporium consisting of an approximately
1 3 52,000 square foot movie cinema, a 30,000 square foot retail complex and a 2,500 square
14 foot out-parcel commercial budding as shown on the preliminary site plan for the
15 Development titled "R/C THEATRES - MOVIES 12" prepared by W. P. Large, Inc. and
16 on file in the Department of Planning of the City of Virginia Beach ("Development'); and
17 WHEREAS, to optimize its site Development, the Developer has requested
18 the City to provide an off-site water quality enhancement structure best management practice
19 ("BMP") to satisfy the stormwater runoff demands of the proposed Development; and
2 0 WHEREAS, the City is of the opinion that a city-owned and maintained BMP
2 1 in the Central Business District will further legitimate public interests; and
22 WHEREAS, subject to the terms of this Agreement, the City is willing to
2 3 provide a City owned and maintained subregional off-site BMP for such purpose; and
24 WHEREAS, CCA is the current owner of parcels 12 and 16, and in order to
2 5 facilitate the sale of the parcels, is willing to grant the easements necessary over CCA's
2 6 parcel on which Charades Restaurant is located in order to construct the BMP.
27 NOW THEREFORE, for and in consideration of the promises herein
28 contained, and for other good and sufficient consideration receipt of which is acknowledged
29 the parties agree as follows:
3 0 1 . The City will design and construct a BMP, on parcel 15 as shown on
3 1 the plan, of sufficient capacity to satisfy the stormwater runoff demands of the
32 Development.
3 3 2. The point of acceptance of stormwater from the Development into the
3 4 off-site BMP will be at the point shown on the Plan ("Stormwater Junction Box').
3 5 The Developer will design its stormwater drainage system so as to connect with the
3 6 BMP at the Stormwater Junction Box at the intersection of Constitution Drive and
37 Columbus Street. Developer shall bear all expense associated with the design and
3 8 construction of all on-site stormwater conveyance systems and to make the tie-in to
39 carry stormwater from the Development to the Stormwater Junction Box.
40 3. CCA will dedicate to the City reasonable drainage easements and
41 temporary construction easements as required by the BMP project on the Charades
42 Restaurant property, which is owned by CCA. The City and CCA shall mutually
43 agree on the size and location of the easements. These easements shall be subject to
44 the existing lease and other easements and documents of record and shall not
45 materially adversely affect the developability of the property.
2
46 4. The City agrees that if the Developer and CCA faithfully perform their
47 obligations pursuant to this Agreement the City will diligently proceed with the design
48 and construction of the BMP and the conveyance system from the Stormwater
49 Junction Box to the BMP. The City will umediately initiate all actions necessary to
50 design the BMP and will complete construction of the BMP within twelve (12) months
51 of the date of the commencement of construction of the Development.
52 5. Developer agrees to diligently pursue all necessary approvals relative
53 to the Development including its obtaining all necessary permits and to commence
54 construction within sixty (60) days after receipt of all necessary approvals for the
55 Development. After construction has commenced the Developer will diligently
56 proceed to complete the Development in substantial conformity to the site plans and
57 construction drawings, as approved by the City in connection with the building
58 permits ("Construction Plans"). The City understands that the 2,500 square foot out-
59 parcel commercial building will be built at a later date as the demand arises.
60 6. In the event the Developer completes construction and desires
6 1 occupancy of its Development prior to the completion of the BMIP, the Developer
62 must either obtain all necessary approvals to discharge stormwater into existing
63 systems or provide an interim (temporary) BMP acceptable to the City.
64 7. fn the event that the Developer has not substantially completed
65 construction of the Development in substantial conformity to the approved site plans
66 on or before December 31, 1995 the Developer will reimburse the City for the City's
67 costs incurred to design and construct the BMP and all associated conveyance
3
68 systems, not to exceed Five Hundred Thousand Dollars ($500,000), reduced by any
69 amounts received by the City under paragraph 12 of this Agreement. Upon payment
70 of such $500,000 Developer shall be considered to have paid the sum called for under
71 paragraph 12.
72 8. The Developer understands and agrees that its right to utilize the BMP
73 is nonexclusive, that the BMP is a city-owned facility and that the City may utilize
74 the BMP and the property on which it is situated for any other lawful purpose(s) and
75 may, in the City's discretion, allow other property owners to utilize the BMP and
76 charge for same, all without compensation to the Developer. However, the City will
77 not allow any utiumtion of the BMP that prevents the BMP from being an effective
78 stormwater drainage system for parcels 12 and 16. Nothing in this paragraph shall
79 be interpreted as limiting the City's right to relocate the BMP as described in
80 paragraph 9.
81 9. The Developer shall have no property interest in the BMP, the City-
82 owned conveyance systems, or the property on which they are situated. The City
83 may, in its sole discretion, relocate the BMP and its associated conveyance systems
84 or construct/reconstruct same on property other than parcel 15 if, in the City's
85 determination, it is advisable to do so, However, any substituted site for the BMP
86 and the BMP facility itself must be of sufficient capacity to serve the Development,
87 and such relocated BMP shall not be Of Such a nature as to require Developer to
88 substantially modify the existing storinwater drainage for the Development.
4
89 10. In the event that the Developer or CCA or their successors-in-interest
90 desire to drain stormwater into the BMP from properties other than parcels 12 and
91 16 as shown on Exhibit A, they must obtain the approval of the City to do so and
92 must pay to the City such reasonable charges as may be required by the City for such
93 privilege.
94 11. The City acknowledges that it will continue to be responsible for
95 maintenance of the BMP. The Developer acknowledges that it will be responsible for
96 payment of normal city-wide stormwater management utility fees charged by the City
97 at the rates charged to comparable Developed commercial properties.
98 12. The Developer agrees to pay to the City One Hundred and Ninety-Eight
99 Thousand Dollars ($198,000) as a one-time payment for the privilege to connect to
100 and utilize the BMP and to off-set the City's costs to design and construct same.
101 Payment of such sum without interest shall be made as follows:
102 a) Ninety-Nine Thousand Dollars ($99,000) to be paid to the City at the
103 time of execution of this Agreement to be used by the City to off-set expenses
104 associated with the design of the BMP. If prior to commencement of
105 construction of the BMP the Developer fails to commence construction of the
106 Development or otherwise abandons the Development, the City shall retain
107 from such payment an amount sufficient to reimburse the City for its design
108 costs of the BMP and the related conveyance systems, and any funds in excess
109 of the design costs shall be refunded to the Developer. After commencement
110 of construction of the BMP any funds in excess of the design costs shall be
ill retained by the City to defray the City's construction costs.
112 b) Ninety-Nine Thousand Dollars ($99,000) to be paid to the City prior
113 to the issuance of any final occupancy permits for the Development.
114 13. This Agreement is contingent upon the appropriation by the Virginia
115 Beach City Council of sufficient funds for the design and construction of the BMP
5
116 and related conveyance systems as contemplated by the parties. In the event that such
1 17 funds are not appropriated, this Agreement shall be void and of no further effect.
1 18 The obligation of all parties under this Agreement are subject to:
119 (a) The acquisition of parcels 12 and 16 by Developer; and
120 (b) The closure of a portion of Columbus Street and the conveyance of
12 1 such closed right of way to Developer by CCA.
122 If Developer has not given the City written notice, by 5:00 p.m. on January
12 3 28, 1994 that the two (2) conditions in the preceding paragraph have been satisfied, then this
124 Agreement shall be void and no party shall have any further obligations under the
12 5 Agreement.
12 6 Any notice required under this Agreement shall be deemed effectively given
127 when maijed by U.S. mail, certified mail, return receipt requested to the following
128 addresses:
129 (a) For Capitol Industries, Inc
130 P.O. Box 1056
13 1 Reisterstown, MD 21136-1056
13 2 Attention: J. Wayne Anderson
13 3 (b) For City of Virginia Beach
13 4 c/o Office of the City Attorney
13 5 Municipal Center
13 6 Virginia Beach, VA 23456
137 Attention: Gary L. Fentress, Esquire
1 3 8 (c) For Columbus Center Associates
139 c/o Clark & Stant, P.C.
14 0 One Columbus Center, Suite 900
14 1 Virginia Beach, VA 23462
1 4 2 Attention: Eric A. Hauser, Esquire
6
14 3 The parties may designate a new address by notice to such effect given to the
144 other parties.
145 15. No party or parties will be deemed the drafter of this Agreement and
14 6 if this Agreement is construed by a Court of Law, such Court will not construe this
147 Agreement against either party as its drafter.
148 16. This Agreement shall be binding on the parties, their heirs, assigns and
149 successors in interest.
150 17. This Agreement constitutes the entire understanding of the parties and
151 may not be modified or amended unless in writing and signed by the parties.
152 CAPFROL INDUSTRIES, INC.,
153 a Maryland corporation
154 By _
155 Title:
156 CITY OF VIRG@ BEACH, a
157 municipal corporation of the
158 Commonwealth of Virginia
159 By
160 City Manager/Authorized
161 @signee of the City Manager
162 SEAL
163 ATTEST:
164
165 Ruth Hodges Smith
166 City Clerk
7
167 COLUMBUS CENTER ASSOCIATES,
168 a Virginia general partnership
169 By: SAGE PROPERTIES (USA), INC.,
170 General Partner
17 1
17 2 By:
17 3 By: DIVARIS REALTY OF VIRGMM
174 CORP., General Partner
175
176 By: Gerald S. Divaris
177 12/15/93
178 12/17/93
179 12/27/93
180 12/29/93
18 1 DEEDSfWORKING/DF3586-5.AGR
8
12 -
Item II-I.1.
RESOLUTION/ORDINANCE ITEM # 37546
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Resolutions supporting legislation at the 1994 General Assembly Session
designating real and personal property as being exempt from State and
Local Real and Personal Property Taxation:
A. Community Alternatives, Inc.
B. Community Alternatives Management Group, Inc.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, I'aul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nan(!Iv K ]3arker and rice Mayor
William D. Sessoms, Jr.
Council Members Voting Nov.
None
Council Members Absent:
None
January 4, 1994
1 A RESOLUTION SUPPORTING LEGISLATION
2 WHICH WILL DESIGNATE REAL AND
3 PERSONAL PROPERTY OWNED BY COMMUNITY
4 ALTERNATIVES, INC. AS BEING EXEMPT
5 FROM STATE AND LOCAL REAL AND
6 PERSONAL PROPERTY TAXATION
7 WHEREAS, personal property located in the City Of
8 Virginia Beach and owned by Community Alternatives, Inc. is
9 currently subject to taxation;
10 WHEREAS, Community Alternatives, Inc. has requested the
11 Council of the City of Virginia Beach to adopt a resolution in
12 support of its request that the General Assembly act in accordance
13 with Article X, § 6(a) (6) of the Constitution of Virginia to
14 designate the real and personal property of Community Alternatives,
15 Inc. as being exempt from state and local real and personal
16 property taxation;
17 WHEREAS, pursuant to § 30-19.04 of the Code of Virginia,
18 the Council of the City of Virginia Beach has held a public hearing
19 prior to the adoption of this Resolut on and has given all citizens
20 an opportunity to be heard;
21 WHEREAS, the provisions of § 30-19.04 of the Code of
22 Virginia have been examined and considered by the Council of the
23 city of Virginia Beach; and
24 WHEREAS, the Council of the City of Virginia Beach is of
25 the opinion that Community Alternatives Inc. should be designated
26 as a benevolent corporation within the context of § 6(a) (6) of
27 Article X of the Constitution of Virginia and that real and
28 personal property located in the City of Virginia Beach owned by
29 Community Alternatives, Inc. and used by it exclusively for
30 benevolent purposes on a nonprofit basis should be exempt from
31 state and local real and personal property taxation.
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA:
34 That the Council of the City of Virginia Beach supports
35 the enactment of legislation involving the designation of Community
36 Alternatives, Inc. as a benevolent corporation within the context
37 of § 6(a)(6) of Article X of the Constitution of Virginia and that
38 real and personal property owned by Community Alternatives, Inc.
39 which is located within the City of Virginia Beach and used
40 exclusively for benevolent purposes on a nonprofit basis, be
41 declared exempt from state and local real and personal property
42 taxation.
43 Adopted by the Council of the City of Virginia Beach,
44 Virginia, on the Fourth day of January, 1994.
45 CA-5407
46 ORDIN\NONCODE\COMALT.RES
47 R-2
48 PREPARED: 12/15/93
2
1(5RM NO P 5, 18
INTER-t)FFI('E CORRESPONDENCE
MEMORANDUM
TO: James K. Spore
City Manager
FROM: David M. Grochmal
General Services
SUBJECT: Community Alternatives, Incorporated
DATE: December 13, 1993
Community Alternatives, Incorporated leases approximately 10,000 square feet of
space in the city-owned Human Services Building at Virginia Beach Boulevard and
Little Neck Road. They use the space as a sheltered workshop for their disabled
clients. Their present lease expires June 30, 1994 and they pay the City
approximately $4,166. a month in rent. Because of the severe overcrowding in the
Social Services Department which also occupies this building several months ago I
asked the Director of CAI if they would consider vacating their space prior to the
expiration of their lease so that it could be used by the Department of Social Services.
They agreed and have now found new space and plan to vacate the Human Services
Building by January 7, 1994. Their responsiveness to my request will be very helpful
in relieving the overcrowding in the Social Services Department. In order to help
offset some of their relocation expenses they are applying for exemption from
Personal and Real Property Taxation by City Council and the General Assembly. I
recommend favorable consideration of their application since they have very
graciously helped us by vacating the building prior to the expiration of their lease.
DMG/Ijs
APPLICATION TO CITY OF VIRGINIA BEACH FOR
EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION
Applicants: Please fill out this form and submit same to the City Manager, Municipal Center,
Virginia Beach, Virginia 23456. In any instance where additional space is needed to complete your
answer to a particular question, please utilize a separate sheet of paper and attach it to this
application.
Formal Name of Corporation/Organization:
Community Alternatives, Inc.
Address: Suite 120, 3133 Magic Hollow Blvd.
Virginia Beach, VA 23456
Telephone Number: (804) 468-7000
1. Is the Organization chartered or incorporated under the laws
of the Commonwealth of Virginia?
Yes
2. For what purpose is the group chartered?
To provide services to mentally handicapped citizens.
3. Describe in detail and specify the location of all real and
personal property for which exemption is sought.
See Attachment 1
4. List the present tax assessment of each parcel of real
property for which this exemption is sought: NONE
Parcel Parcel
Description: Description:
Assessed Value: Assessed Value:
Land: $ Land: $
Improvements: $ Improvements: $
Total Assessed Total Assessed
Value: $ Value: $
5. List the present tax assessment, by tax bill, of personal
property for which the exemption is sought.
See Attachment 1
6. For what purpose is the real property currently being used?
If there are several types of use for a single parcel,
indicate such usages by areas of the buildings and floor
locations.
CAI has no real property.
a. Does any other individual, assocication or corporation
occupy or use any part of the premises of any property
for which exemption is sought? If yes, give details.
b. Is any income derived from the use of any portion of
the real property by othyer individuals or groups,
whether considered as rent or reimbursement for
necessary expenses for services incurred? If yes, give
all details.
7. With regar to personal property, state the purpose for
which the property is being used and whether income is
derived from the use of any such property by individuals,
groups or otherwise. If so, give all details.
All vehicles are used to transport individuals with mental
handicaps to and from work, health care providers, etc.
See Attachment 1 for list of personal property;
8. Is the organization exempt from taxation pursuant to Section
501 (c) of the Internal Revenue Code of 1954? If so, attach
documentation.
Yes; See Attachment 2
9. Has the ABC Board issued a current annual alcohol beverage
license for the service of alcohol beverages for use on the
property from which tax exemption is here sought?
No
10. Is any director or officer of the agency paid compensation
in excess of a reasonable allowance for salaries or other
compensation?
No directors or officers receive any compensation.
11. Does any part of the earnings, exclusive of salaries, of
such organization inure to the benefit of any individual?
If so, list what portion and to whom for each of the past
three years.
No
12. What portion of the service provided by such organization is
generated by funds received from donations, contributions,
or local, state, or federal grants? Donations shall include
the providing of personal services or the contribution of
any in-kind or other material services.
See Attachment 3
3
13. Does the organization provide services for the common good
of the public? If so, explain in detail including in your
explanation a listing of the services provided, the cost of
the services to the recipient or method of determing cost of
the services to the recipient, and any other details you
deem pertinent.
See Attachment 4
14. What part, if any, of the activities of the organization
involves carrying on propaganda, or otherwise attempts to
influence legislation?
None
15. Has the organization ever participated in, contributed to,
or intervened in any political campaign on behalf of any
candidate for public office? If the answer is yes, please
provide any qualifying information you deem necessary.
No
14. State the organization's rule, regulation, policy, or
practice concerning discrimination on the basis of religious
conviciton, race, colord, sex or natural origin.
See Attachment 5
CAI policy prohibits such discrimination.
17. List the name, business address and business telephone of
the president and secretary of the corporation/organization
as well as the managing officer.
John Rice, President
Phyllis Sullivan, Secretary
Karen E. Mallam, Executive Director
Suite 120, 3133 Magic Hollow Blvd.
Virginia Beach, VA 23456
4
18. In addition to the above, please provide the following
information:
(a) A copy of the organization's most recent audited
financial statement (i.e., current balance sheet and
income and expense statement for the organization's
last fiscal period).
(b) A detailed listing of the current salaries and/or other
compensation of the officers and directors of the
organization. In addition, please specify as to each
officer or director so listed, the basis of the listed
salary or compensation (i.e., annually, per meeting,
hourly, commission, etc.).
No directors or officers receive any compensation.
(c) List the salary ranges of each employee position
classification and list the number of full-time and
part-time employees in each such classification.
See Attachment 7
(d) Specify what percentage of gross income of the
organization was required to pay real and personal
property taxes for each of the last three years.
See Attachment 8
(e) Explain in detail why the City Council of the City of
Virginia Beach should recommend to the General Assembly
of Virginia that this organization should be exempt
from real and personal taxation in the City of Virginia
Beach. Please include in your explanation, the
services provided by the organization.
See Attachment 9
This form was prepared by Karen E. Mallam,
whose title with the corporation is Executive Director.
(Signature)
Community Alternatives Management Group, Inc:
ORGANIZATION Community Alternative. Inc.
By. Name Phyllis Sullivan
Secretary
Date 12/10/93
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Phyllis Sullivan being duly sworn, deposes
and says that he/she is the Secretary (title) of
the Community Alternatives, Inc. (legal name of
ownership organization) named in the within entitled application;
that he has read the foregoing information sheet and knows the
contents thereof; and that the same is true to his own knowledge
except as to the matters herein stated to be alleged upon
information and belief, and as to those matters he believes it to
be true.
signature O@fficarl
subscribed and swcrn to before me this 10th day
of December, 1993
brotary @lic
My Cc=ission @ire-s -3,v l@94
COMMUNITY ALTERNATIVES, INC,
Index of Attachments
ATTACHMENT ITEM OUESTIONS ANSWERED
1 Personal Property 3,5 & 7
2 IRS Tax Exemption Letters 8
3 Support Funds 12
4 Services Explanation 13
5 Nondiscrimination Policy 16
6 Audited Financial Statement 18 (a)
7 Salaried Positions 18 (c)
8 Percentage of Income Paid for Taxes 18 (d)
9 Exemption Recommendation 18 (e)
ATTACHEMENT 1
3, 5 & 7. Personal Property
Assessed Tax
PropertV Location Value ssessment
1987 15 Passenger Ford Van 3432-A VA Beach Blvd. 5,675.00 215.65
1987 15 Passenger Dodge B350 Van 3432-A VA Beach Blvd. 4,925.00 187.15
1987 8 Passenger Chevy Astro Van 565 Old Post Rd. 4,325.00 164.35
1987 8 Passenger Chevy Astro Van 3295 Long Hill Rd. 4,325.00 164.35
1988 2 Passenger Isuzu Panel Van 3432-A VA Beach Blvd. 8,725.00 331.55
1989 7 Passenger Ford Aerostar Van 3432-A VA Beach Blvd. 6,075.00 230.85
1989 8 Passenger Chevy Astro Van 1645 Blackwatch Ln 6,875.00 261.25
1990 9 Passenger Chevy Station Wagon 5429 Stewart Dr. 6,650.00 252.70
1992 15 Passenger Dodge B350 Van 3432-A VA Beach Blvd. 15,768.00 599.18
1992 15 Passenger Dodge B350 Van 1498 Old Oak Arch 13,175.00 500.65
1993 15 Passenger Ford E350 Van 3432-A VA Beach Blvd 17,394.00 660.97
Totals 93,912.00 3,568.66
ATTACHMENT 2
Internal Revenue Scrvice De-artment of the Treasury
District Director
Employer Idmtiflution Numtmr
@1141503
Accounting Period End@.
June 30
Foundation Stabn Classificatiorc
*509(a)(1) & 170(b)(1)(A)(vi)
Community Alternatives, Incorporated Advance Ruling Period End=
Pembroke Six, Suite 218 June
Virginia Beach, VA 23462 Person t.a!?,
M Alt
Con@act Telephone Number
3oi-lc62-4779
Dear: Applicant:
Based on information supplied, and assuming your operations will be as stated
in your application for recognition of exemption, we have determined you are exempt
from Federal income tax under section 501(c)(3) of the Internal Revenue Code.
Because you are a newly created organization, we are not now making a final
determination of your foundation status under section 509(a) of the Code. However,
we have determined that you can reasonably be expected to be a publicly supported
organization described in section 509(a)(1) & 170(b)(1)(A)(vi).
Accordingly, you will be treated as a publicly supported organization. and not
as a private foundation, during an advance ruling period. This advance ruling period
begins on the date of your inception and ends on the date shown above.
Within 90 days after the and of your advance ruling period, you must submit to
us information needed to determine whether you have met the requirements of the
applicable support test during the advance ruling period. If you establish that you
have been a publicly supported organization. you will be classified as a section
V/509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements
of the applica'ole support test. If you do not meet the public support requirements
during the advance ruling period, you will be classified as a private foundation for
future periods. Also, if you are classified as a private foundation, you will be
treated as a private foundation from the date of your inception for purposes of
sections 507(d) and 4940. . I
Grantors and donors may rely on the determination that you are not a private
foundation until 90 days after the end of your advance ruling period. If you sxtl)mit
the required information within the 90 days, grantors and donors may continue to
rely on the advance determination until the Service makes a final determination of
your foundation status. However, if notice that you will no longer be treated au a
section *See above organization is published in the Internal Revenue Bullotin.
grantors and donors may not rely on this determination after the date of such
publication. Also. a grantor or donor may not rely on this determination if he ur
she was in pai-t responsible for, or was aware of. the act or failure to act that
resulted in your loss of section status, or acquired knowledge that
the Internal Revenue Service had given notice that you would be removed from
classificatio-,i as a section organization-
P.O. Box 13163, ?.'D 21203 f.@.0 Letter IG45(DO) (6-77)
1 - -
If your sources of support, or your purposes, character, or method of operation
change, please let us know, so we can consider the effect of the change on your
exempt status and foundation status. Also, you should inform us of all changes in
your name or address.
Generally, you are not liable for social security (FICA) taxes unless you file
a waiver of exemption certificate as provided in the Federal Insurance Contributions
Act. If you have paid FICA taxes without filing the waiver, you should call us. You
are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA).
Organizations that are not private foundations are not subject to the excise
taxes under Chapter 42 of the Code. However, you are not automatically exempt from
other Federal excise taxes. If you have any questions about excise, employment, or
other Federal taxes, please let us know.
Donors may deduct contributions to you as provided in section 170 of the Code.
Bequests, legacies, devises, transfers, or gifts to you or for your use are
deductible for Federal estate and gift tax purposes if they meet the applicable
provisions of sections 2053, 2106, and 2522 of the Code.
You are required to file Form 990, Return of Organization Exempt from Income
Tax, only if your gross receipts each year are normally more than $10,000. If a
return is required, it must be filed by the 15th day of the fifth month after the
end of your annual accounting period. The law imposes a penalty of $10 a day, up to
a maximum of $5,000, when a return is filed late, unless there is reasonable cause
for the delay.
You are not required to file Federal income tax returns unless you are subject
to the tax on unrelated business income under section 511 of the Code. If you are
subject to this tax, you must file an income tax return on Form 990-T. In this
letter, we are not determining whether any of your present or proposed activities
are unrelated trade or business as defined in section 513 of the Code.
You need an employer identificaiton number even if you have no employees. If
an employer identification number was not entered on your application, a number will
be assigned to you and you will be advised of it. Please use that number on all
returns you file an din all correspondence with the Internal Revenue Service.
Because this letter could help resolve any questions about your exempt status
and foundation status, you should keep it in your permanent records.
If you have any questions, please contact the person whose name and telephone
number are shown in the heading of this letter.
(See Caveat Attached)
Sincerely yours,
District Director
Letter 1045(DO) (6-77)
ATTACHMENT 3
12. Funds received from donations, contributions or local, state, or federal grants are listed
below:
Community Services Boards $1,064,794 16%
Medicaid 1,086,795 17%
VA Department of Rehabilitative Services 77,987 1%
VA Dept, of Housing & Community Development 82,877 1%
Contributions 3,477 0%
TOTAL SUPPORT 2,315,930 35%
ATTACHMENT 4
13. Yes, CAI provides services for the common good of the public. We provide jobs for
approximately 400 mentally handicapped individuals and administrative support to Community
Alternatives Management Group, Inc., a wholly owned subsidiary providing housing for 200
very low income mentally handicapped individuals.
All recipients of services are clients of public agencies and referred to CAI by those
agencies. These agencies include the Virginia Beach Community Services Board, the Virginia
Beach and Norfolk offices of the Department of Rehabilitative Services, and the Virginia Beach
public Schools.
Mentally disabled individuals served by CAI pay only for part of the cost of
transportation to their jobs.
ATTACHMENT 5
Personnel Policies and Procedures Manual
2CO. I 00
Subject. Equal Employment Opportunity Policy
0 71@o 1190
Purpose: To abide by the doctrines outlined in Title VI and Title VII of the 1964 Civil Rights
Act.
Eligibility: All employees are covered by this policey as well as all applicants.
Policy: Community Alternatives, Incorporated is an Equal Opportunity Employer. CAI is
committed to the maintenance and promotion of equal employment opportunity for
all employees and applicants for employment without regard to race, color, creed,
sex, age, religion, national origin, handicap, political affiliations or other non-job
related factors. CAI will follow this policy in recruiting, hiring, promoting,
transferring, training, terminating and disciplining individuals. In this way, CAI will
provide an equitable work environment for its employees and better service to its
clients.
Concerning Title VI/Equal Employment Opportinity Assurances, the Civil Rights Act
of 1964:
In accordance with the provisions of Title VI of the Civil Rights Act of 1964 and
Section 504 of the Vocational Rehabilitation Act of 1973, regulations issued by
the U. S. Department of Health, Education and Welfare pursuant heroto, and
other applicable legislation and regulations, Community Alternatives
Incorporated gives notice hereby that the programs operated or funded by it are
being and will continue to be operated in such a manner that no person will be
excluded from participation in, be denied the benefits of, or be otherwise
subjected to domination under such programs on the grounds of race,
national origin, age, sex or handicap.
Concerning Title VII/Equal Employment Opportunity Assurances, the Civil Rights
Act of 1964:
In accordance with the provisions of Title VII of the Civil Rights Act of 1964,
Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, regulations Issued by the U. S. Department of Health,
Education and Welfare pursuant hereto, Executive Order 11246, and other
applicable legislation and regulations, Community Alternatives, Incorporated
gives notice hereby that the programs operated or funded by it afford equal
opportunity in all aspects of personnel management without regard to race,
color, religion, national origin, political affiliation, handicap, sex, or age to all
employees and applicants for employment.
Community Alternatives, Incorporated will periodically review operating procedures
and practices to insure continued conformance with applicable legislation,
regulations and orders related to nondiscrimination in service delivery and
employment pracdces. Suitable notices of these assurances will be posted publicly
by Community Alternatives, Incorporated. These assurances will be implemented
In the personnel policies and practices of Community Alternatives, Incorporated
and arry advertisements for new or vacant positions will include a statement that
Community Alternatives, Incorporated is an equal opportunity employer.
Any person having grounds to believe that Community Alternatives, Incorporated
is discriminating against anyone on the basis of race, color, sex, national origin,
age or handicap, has the right to file a complant with Community Alternatives, Inc.
1 of 2 page(s)
Personnel Policies and Procedures Manual
Equal Employment Opportunity Policy
Continued
with the Virginia Department of Mental Health and Mental Retardation, or with the
U. S. Department of Health, Education, and Welfare. If flied with Community
Alternatives, Incorporated, it should be sent to the Personnel Manager's Office
where it will be reviewed by a special committee appointed for that purpose. A
final report of disposition will be sent to the complainant, the Virginia Oepartment
of Mental Health and Mental Retardation, the Department of Health, Education and
Welfare, and the Office of Federal Contract Compliance.
Forms
Referenced., None of 2 page(s)
NOTICE TO THE PUBLIC
CONCERNING
TITLE VI/Equal Employment Opportunity Assurances,
the Civil Rights Act of 1964
In accordance with the provisions of title VI of the Civil Rights Act of 1964 and
Section 504 of the Vocational Rehabilitation Act of 1973, regulations issued by the U.S. Department
of Health, Education and Welfare pursuant hereto, and other applicable legislation and regulations,
Community Alternatives, Incorporated gives notice hereby that the programs operated or funded
by it are being and will continue to be operated in such a manner that no person will be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under
such programs on the grounds of race, color, national origin, age, sex or handicap.
In accordance with the provisions of Title VII of the Civil Rights Act of 1964, Sections
503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of 1975,
regulatons issued by the U.S. Department of Health, Education and Welfare pursuant hereto,
Executive Order 11246, and other applicable legislation and regulations, Community Alternatives,
Incorporated gives notice hereby that the programs operated or funded by it afford equal
opportunity in all aspects of personnel management without regard to race, color, religion, national
origin, political affiliation, handicap, sex, or age to all employees and applicants for employment.
Community Alternatives, Incorporated will periodically review operating procedures
and practices to insure continued conformance with applicable legislation, regulations and orders
related to nondiscrimination in service delivery and employment practices. Suitable notices of
these assurances will be posted publicly by Community Alternatives, Incorporated. These
assurances will be implemented in the personnel policies and practices at Community Alternatives,
Incorporated and any advertisements for new or vacant positions will include a statement that
Community Alternatives, Incorporated is an equal opportunity employer.
Any person having grounds to believe that Community Alternatives, Incorporated
is discriminating against anyone on the basis of race, color, sex, national origin, age or handicap,
has the right to file a complaint with Community Alternatives, Incorporated, with the Virginia
Department of Mental Health and Mental Retardation, or with the U.S. Department at Health,
Education, and Welfare. If filed with Community Alternatives, Incorporated, it should be sent to the
Personnel Manager where it will be reviewed by a special committee appointed for that purpose.
A final report of disposition. will be sent to the complainant, the Virginia Department of Mental
Health and Mental Retardation, the Department of Health, Education, and Welfare, and the Office
of Federal Contract Compliance.
All CAI program locations shall prominently display the attached "Notice to the
Public" concerning CAI's assurance in terms of abiding by Title VI of the Civil Rights Act.
ATTACHMENT 6
DALE LE=- P C
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INDEPENDENT AUDITOR'S REPORT
Board of Directors
Community Alternatives, Inc.
Virginia Beach, Virginia
I have audited the accompanying statement of financial position of
Community Alternatives, Inc. (a non-profit organization) as of June
30, 1993 and the related statements of activities and cash flows
for the year then ended. These financial statements are the
responsibility of the Organization's management. My responsibility
is to exloress an opinion on these financial- statements based on my
audit.
I conducted my audit in accordance with cenerally accepted
auditing standards. Those standards require that I plan and
perform the audit to obtain reasonable assurance about whether
the financial statements are free of material misstatement.
An audit includes examining, on a test basis, evidence support-
ing the amounts and disclosures in the financial statements.
An audit also includes assessing the accounting principles used
and significant estimates made by management, as well as
evaluating the overall financial statement presentation. I
believe that my audit provides a reasonable basis for my
opinion.
In my opinion, the financial statements referred to above
present fairly, in all material respects, the financial position
of Community Alternatives, Inc. as of June 30, 1993, and the
results of its operations and its cash flows for the year then
ended in conformity with generally accepted accounting principles.
Sautember 1, 1993
Community Alternatives, Inc.
Statement of Financial Position
June 30, 1993
Assets:
Cash $ 161,729
Accounts receivable 968,004
Not fixed assets 183,811
Due from affiliate 82,214
Other 32,372
Total assets $1,428,130
Liabilities and net assets:
Accounts payable 84,586
Accrued expenses:
Wages 122,069
Compensated absences 131,726
Other 43,287
Other liabilities 6,850
Total liabilities 388,518
Net assets:
Unrestricted 973,840
Temporarily restricted 65,772
Total net assets 1,039,612
Total liabilities and net assets $1,428,130
See notes to financial statements.
Cz,-mur.;-Zy Alterra-@-les, Inc.
Statement of Act@-,@,t@-es
Year Ended June 3C, 1993
Temporarily
UnrestrLcted r cted
Revenues and other support:
Sales 3,769,862 $ 3,769,862
State grants 82,877 82,877
Purchases of services 1,142,780 1,142,780
Medicaid revenue 1,086,795 1,086,795
Program fees 365,303 365,303
Contributions 5,724 6,968 12,692
Other revenue 85,421 1,601 87,022
Not assets released from
restrictions:
Satisfaction of program
restrictions 57.725 (57,725)
Total revenue and other support 6,596,487 (49,156) 6,547,331
Expenses:
Work programs 4,067,580 4,067,580
Residential programs 2,084,064 2,084,064
Mental health programs 77,950 77,950
Total expenses 6,229,594 6,229,594
change in not assets 366,893 (49,156) 317,737
Transfer to affiliate (30,320) (30,320)
Net assets, beginning of year 637,267 114,928 752,195
Net assets, end of year $ 973,840 $ 65,772 $ 1,039,612
See notes to financ-a- statements.
Community Alternatives, Inc.
Statement of Cash Flows
Year Ended June 30, 1993
Cash flows from operating activities:
Change in net assets $ 317,737
Adjustments to reconcile change in net assets
to net cash provided by operating activities:
Depreciation 63,727
Increase in accounts receivable (177,764)
Decrease in due from affiliates 26,754
Decrease in other assets 186,461
Decrease in accounts payable (57,057)
Decrease in wages payable (58,419)
Increase in compensated absences 1,121
Increase in other accrued expenses 6,228
Decrease in other liabilities (9,190)
Total Adjustments (18,139)
Net cash provided by operating activities 299,598
Cash flows from investing activities:
Purchase of equipment (122,034)
Net cash used by investing activities (122,034)
Cash flows from financing activities:
Payment on notes payable (160,000)
Cash transfer to affiliate (30,320)
Net cash used by financing activities (190,320)
Net decrease in cash (12,756)
Cash, beginning of year 174,485
Cash, end of year $ 161,729
Supplemental data:
Interest paid $ 2,134
See notes to financial statements.
COMMUNITY ALTERNATIVES, INC.
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 1993
1. Statement of Purpose:
Community Alternatives, Inc. is a non-stock corporation Orgoanized
under the laws of the Commonwealth of Virginia. Its purpose is
to provide vocational, residential, training, counseling and
related services for mentally retarded and mentally handicapped
citizens.
2. Summary of significant accounting policies:
Basis of accounting:
The accompanying financial statements have been prepared on the
accrual basis of accounting.
Basis of presentation
The accompanying financial statements include all funds and
accounts of the organization including Vocational, Mental
Health Residential and Mental Retardation Residential Pro-
grams.
For the year ended June 30, 1993, the Organization has elect-
ed for early implementation of Statement of Financial
Accounting Standards (SFAS) Nos. 116 and 117, Accounting
for Contributions Received and Made and Financial State-
ments of Not-for-Profit Organizations, respectively. Imple-
mentation served to change the appearance of the financial
statements in an effort to better assist the financial
statement user in assessing (a) the services the Organiza-
tion provides and its ability to continue to provide those
services and (b) how management discharges its stewardship
responsibilities and other aspects of its performance.
Implementation of SFAS No. 117 also required a statement of
cash flows which is included herein. The implementation of
SFAS Nos. 116 and 117 did not result in a material impact
on the financial statements.
Uncollectible accounts:
The Organization provides an allowance for doubtful accounts
equal to the estimated losses that will be incurred in the
collection of all receivables. The estimated losses are
based on a review of the current status of the existin
receivables as of the end of the year.
COMMUNITY ALTERNATIVES, INC.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
YEAR ENDED JUNE 30, 1993
the Virginia Department of Housing and Community Development
on the property acquired with the grant proceeds. Although
the subject real estate has been transferred to an affiliated
organization, Community Alternatives Management Group, Inc.,
Community Alternatives, Inc. is contingently liable under
the second deeds of trust and grant agreements. The contin-
gent liability amounts to 100% of the original grant should
the real estate be used for purposes not specified in the
grant agreements in the first ten years of ownership. The
contingent liability decreases by 10% per year for each
year after the tenth year. After twenty years, these
contingent liabilities will terminate.
The Organization is also contingently liable on mortgages
transferred to Community Alternatives Management Group, Inc.
The balance on these mortgages as of June 30, 1993 amounted
to $ 580,275.
8. Related party transactions:
The Organization paid $ 104,249 to an affiliate, Community
Alternatives Management Group, Inc., for property
management services provided in connection with the
Organization's mental health and mental retardation
residential programs. In addition, the Organization
transferred cash to Community Alternatives Management
Group, Inc. (Note 9).
9. Transfer of cash:
During the year, the Organization transferred cash in the
amount of $ 30,320 to Community Alternatives Management Group,
Inc. The transfer was made to support that organ-
ization's properties which are used exclusively for the
Residential Programs of Community Alternatives, Inc.
10. Functional classification of expenses:
The functional classification of expenses for the year ended
June 30, 1993 consists of the following:
Management
Program and General Total
Expenses Expenses Expenses
Work programs $3,907,231 $160,349 $4,067,580
Residential programs 1,931,626 152,438 2,084,064
Mental health programs 72,878 5,072 77,950
$5,911,735 $317,859 $6,229,594
COMMUNITY ALTERNATIVES, INC.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
YEAR ENDED JUNE 30, 1993
Property, equipment and depreciation:
Property and equipment acquired before July 1, 1989 were re-
corded at cost, if determinable, or at property tax apprai-
sals. Property and equipment acquired subsequent to June
30, 1989 are recorded at cost.
Depreciation of property and equipment is being provided over
the estimated useful lives of the assets using the straight-
line method.
Contributions received:
The Organization reports gifts of cash and other assets as
restricted support if they are received with donor stipula-
tions that limit the use of the donated assets. When a
donor restriction expires, that is, when a stipulated time
restriction ends or purpose restriciton is accomplished,
temporarily restricted net assets are reclassified to un-
restricted net assets and reported in the statement of
activities as net assets released from restrictions.
The Organization reports gifts ofland, buildings and equip-
ment as unrestricted support unless explicit donor stipula-
tions specify how the donated assets must be used. Gifts
of long-lived assets with explicit restrictions that specify
how the assets are to be used and gifts of cash or other
assets that must be used to acquire long-lived assets are
reported as restricted support. Absent explicit donor
stipulations about how long those long-lived assets must
be maintained, the Organization reports expirations of donor
restriction when the donated or acquired long-lived assets
are placed in service.
3. Concentrations of credit risk:
The Organization maintains most of its cash balances with
one financial institution located in Virginia Beach,
Virginia. The balances are insured by the Federal Deposit
Insurance Corporation up to $ 100,000. At June 30, 1993,
the Organizaiton's uninsured balances totaled $ 53,602.
In pursuit of its purpose as stated in Note 1, Community
Alternatives, Inc. receives revenue from contracts and
reimbursements for services from various federal, state and
local agencies. Financial instruments that potentially
subject the Organization is to credit risk consist of
accounts receivable due from thise government agencies.
COMMUNITY ALTERNATIVES, INC.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
YEAR ENDED JUNE 30, 1993
4. Income tax status:
The Organization is exempt from income taxes under section
501(c)(3) of the Internal Revenue Code and, accordingly,
no provision for income taxes Is included in the financial
statements.
5. Line of credit:
As of June 30, 1993, the Organization had an available line of
credit of $ 200,000 with a bank. There was no outstanding
balance owed at June 30, 1993.
6. Temporarily restricted net assets:
Temporarily restricted net assets are available for the follow-
ing purpose:
Residential Program activities:
Repairs and maintenance expenses associated
with properties owned by an affiliated
organization. $ 65,722
During the year ended June 30, 1993, net assets were released
from donor restrictions by incurring expenses satisfying
the restricted purpose:
Residential Program activities $ 57,725
7. Commitments and contingencies:
The Organization leases space for its offices and operating
facilities. Future minimum annual rents are as follows:
1994 $ 97,659
1995 41,762
1996 12,252
1997 3,093
$154,766
Rent expense under operating leases amounted to $ 93,145 for the
year ended June 30, 1993.
The Organization received grants from the Virginia Department
of Housing and Community Development during the year ended
June 30, 1990 for the acquisition of permanent housing for
handicapped people, who otherwise would be homeless. The
agreements provide for, among other things, that the acquired
properties be used solely for permanent housing for handi-
capped persons, who otherwise would be homeless, for not less
than twenty years. These grants, aggregating $ 514,356, were
accounted for as restricted support. The Organization
granted second deeds of trust for the amount of the grants to
ATTACHMENT 7
07/08/93 Community Alternatives, Inc.
FY 1994 PAY SCALE
A B C D E F G H I J K L M N O
LEVEL
1 12,167 12,471 12,783 13,103 13,430 13,766 14,110 14,463 14,825 15,195 15,575 15,964 16,364 16,773 17,192
2 13,124 13,452 13,789 14,133 14,487 14,849 15,220 15,600 15,990 16,390 16,800 17,220 17,650 18,092 18,544
3 13,791 14,136 14,489 14,851 15,223 15,603 15,993 16,393 16,803 17,223 17,654 18,095 18,547 19,011 19,486
4 14,486 14,848 15,220 15,600 15,990 16,390 16,799 17,219 17,650 18,091 18,543 19.007 19,482 19,969 20,469
5 14,626 14,992 15,367 15,751 16,144 16,548 16,962 17,386 17,820 18,266 18,723 19,191 19,670 20,162 20,666
6 14,871 15,243 15,624 16,014 16,415 16,825 17,246 17,677 18,119 18,572 19,036 19,512 19,999 20,499 21,012
7 15,992 16,391 16,801 17,221 17,652 18,093 18,545 19,009 19,484 19,971 20,471 20,982 21,507 22,045 22,596
8 16,296 16,704 17,121 17,550 17,988 18,438 18,889 19,371 19,856 20,352 20,861 21,382 21,917 22,465 23,027
9 16,399 16,809 17,229 17,660 18,101 18,554 19,018 19,493 19,980 20,480 20,992 21,517 22,055 22,606 23,171
10 17,065 17,491 17,928 18,377 18,836 19,307 19,790 20,284 20,791 21,311 21,844 22,390 22,950 23,524 24,112
11 18,108 18,561 19,025 19,500 19,988 20,488 21,000 21,525 22,063 22,614 23,180 23,759 24,353 24,962 25,586
12 19,991 20,491 21,003 21,528 22,066 22,618 23,184 23,763 24,357 24,966 25,590 26,230 26,886 27,558 28,247
13 21,005 21,530 22,068 22,620 23,186 23,765 24,359 24,968 25,593 26,232 26,888 27,560 28,249 28,956 29,679
14 21,209 21,739 22,282 22,839 23,410 23,996 24,596 25,210 25,841 26,487 27,149 27,828 28,523 29,236 29,967
15 24,017 24,617 25,233 25,864 26,510 27,123 27,852 28,549 19,262 29,994 30,744 31,512 32,300 33,108 33,935
16 24,394 25,003 25,628 26,269 26,926 27,599 28,289 28,996 29,721 30,464 31,226 32,006 32,807 33,627 34,467
17 28,203 28,908 29,631 30,372 31,131 31,909 32,707 33,525 34,363 35,222 36,102 37,005 37,930 38,878 39,850
18 28,581 29,295 30,028 30,778 31,548 32,337 33,145 33,974 34,823 35,694 36,586 37,501 38,438 39,399 40,384
19 21,368 21,902 22,450 23,011 23,586 24,176 24,780 25,400 26,035 26,686 27,353 28,037 28,738 29,456 30,192
Senior Management: $32,013 to $53,025
07/08/93
Community Alternatives, Inc.
FY 1994 HOURLY PAY SCALE
A B C D E F G H I J K L M N O
LEVEL
1 5.85 6.00 6.15 6.30 6.46 6.62 6.78 6.95 7.13 7.31 7.49 7.68 7.87 8.06 8.27
2 6.31 6.47 6.63 6.79 6.96 7.14 7.32 7.50 7.69 7.88 8.08 8.28 8.49 8.70 8.92
3 6.63 6.80 6.97 7.14 7.32 7.50 7.69 7.88 8.08 8.28 8.49 8.70 8.92 9.14 9.37
4 6.96 7.14 7.32 7.50 7.69 7.88 8.08 8.28 8.49 8.70 8.92 9.14 9.37 9.60 9.84
5 7.03 7.21 7.39 7.57 7.76 7.96 8.15 8.36 8.57 8.78 9.00 9.23 9.46 9.69 9.94
6 7.15 7.33 7.51 7.70 7.89 8.09 8.29 8.50 8.71 8.93 9.15 9.38 9.62 9.86 10.10
7 7.69 7.88 8.08 8.28 8.49 8.70 8.92 9.14 9.37 9.60 9.84 10.09 10.34 10.60 10.86
8 7.83 8.03 8.23 8.44 8.65 8.86 9.09 9.31 9.55 9.78 10.03 10.28 10.54 10.80 11.07
9 7.88 8.08 8.28 8.49 8.70 8.92 9.14 9.37 9.61 9.85 10.09 10.34 10.60 10.87 11.14
10 8.20 8.41 8.62 8.83 9.06 9.28 9.51 9.75 10.00 10.25 10.50 10.76 11.03 11.31 11.59
11 8.71 8.92 9.15 9.38 9.61 9.85 10.10 10.35 10.61 10.87 11.14 11.42 11.71 12.00 12.30
12 9.61 9.85 10.10 10.35 10.61 10.87 11.15 11.42 11.71 12.00 12.30 12.61 12.93 13.25 13.58
13 10.10 10.35 10.61 10.88 11.15 11.43 11.71 12.00 12.30 12.61 12.93 13.25 13.58 13.92 14.27
14 10.20 10.45 10.71 10.98 11.25 11.54 11.82 12.12 12.42 12.73 13.05 13.38 13.71 14.06 14.41
15 11.55 11.84 12.13 12.43 12.75 13.06 13.39 13.73 14.07 14.42 14.78 15.15 15.53 15.92 16.32
16 11.73 12.02 12.32 12.63 12.95 13.27 13.60 13.94 14.29 14.65 15.01 15.39 15.77 16.17 16.57
17 13.56 13.90 14.25 14.60 14.97 15.34 15.72 16.12 16.52 16.93 17.36 17.79 18.24 18.69 19.16
18 13.74 14.08 14.44 14.80 15.17 15.55 15.94 16.33 16.74 17.16 17.59 18.03 18.48 18.94 19.42
19 10.27 10.53 10.79 11.06 11.34 11.62 11.91 12.21 12.52 12.83 13.15 13.48 13.82 14.16 14.52
POSITION I'AY SCALE, ilosrriON #IN l'OSI'I'ION VACANT
LEVEL CONTROL Fr PT
Director 01 3 0
Executive Director -- 00 I 0
Divisional Coordinator 16 05 7 1
Divisional Coordinator II 17 04 1 0
Job Trainer I 14 33 1 0
Job Trainer II 15 34 1 0
Job Trainer III 18 35 0 0
Marketing Representative 9 57 0 1
Mental Health Assistant 4 53 0 0
Mental Health Counselor I 14 50 0 0
Mental Health Counselor II 15 51 0 0
Mental Health Counselor III 18 52 0 0
Production Trainer I 9 26 5 0
Production Trainer II 11 27 10 0
Production Trainer III 12 28 7 0
POSITION PAY SCALE POSITION # IN POSITION VACANT
LEVEL CONTROL FT PT
Assistant Trainer I 1 22 0 0
Assistant Trainer II 5 23 0 13 1
Assistant Trainer III 10 24 0 0
Behavior Specialist I 14 48 6 0
Behavior Specialist II 15 49 0 0
Behavior Specialist Ill 18 50 0 0
Case Manager I 14 30 0 0
Case Manager II 15 31 0 0
Case Manager III 18 32 0 0
Clerical Assistant I 1 16 1 1
Clerical Assistant II 3 17 3 1
Clerical Assistant III 4 18 2 1
Clerical Assistant IV 7 19 2 0
Coordinator Acct & Finance 11 20 1 0
Coordinator Housing/Grant Dev. 19 12 1 0
POSITION PAY SCALE POSITION # IN POSITION VACANT
LEVEL CONTROL # FT / PT
Program Director 18 03 1 0
Residential Counselor I 9 40 6 8 5
Residential Counselor II 11 41 6 0
Residential Counselor II Lead 11 41 4 0
Residential Counselor III 13 41 0 0
Residential Manager 9 38 7* 0 1
Site Supervisor I 1 54 0 0
Site Supervisor II 5 55 1 1 1
Site Supervisor III 10 56 0 0
Support Servides Aide 2 36 6 8 2
Truck Driver 1 44 1 0
Van Driver 6 21 0 2
Warehouseperson 2 46 0 0
TOTAL 84 37 9 = 130
* +1 Temp (Ocean House)
MK/POSLIST.A 11/01/93
ATTACHMENT 8
18.(d) The percentage of gross income paid for real estate and personal property tax for the last
three years were as follows:
Year Real Estate Personal Property Percentage
1993 $0 $6,704 0%
1992 0 5,899 0%
1991 0 31,226 1%
ATTACHMENT 9
18(E). CAI requests that the City Council of the City of Virginia Beach recommend to the
General Assembly of Virginia that the organization be exempt from real and personal taxation
in the City of Virginia Beach because of the provision of charitable services for the common
good of the public. Approximately 400 mentally disabled individuals currently receive
vocational rehabilitation/employment services from CAI. Public funding for these services has
been level or shrinking, while costs continue to rise. Approval of this request would assist CAI
in maintaining high quality services without additional public funds.
This request was precipitated by the desire of the City of Virginia Beach to terminate our
lease for space in the Human Services Building, to accommodate the needs of the Department
of Social Services. After an exhaustive nine-month search, an adequate site has been found.
The costs of relocation, downtime, lost revenues, combined with increased space costs, are
substantial and unbudgeted. Approval of this request would allow CAI to respond rapidly to the
convenience of the City to acquire the space presently leased to CAI.
I A RESOLUTION SUPPORTING LEGISLATION
2 WHICH WILL DESIGNATE REAL AND
3 PERSONAL PROPERTY OWNED BY COMMUNITY
4 ALTERNATIVES MANAGEMENT GROUP, INC.
5 AS BEING EXEMPT FROM STATE AND LOCAL
6 REAL AND PERSONAL PROPERTY TAXATION
7 WHEREAS, property located in the City of Virginia Beach
8 and owned by Community Alternatives Management Group, Inc. is
9 currently subject to ad valorem taxation;
10 WHEREAS, Community Alternatives Management Group, Inc.
11 has requested the Council of the City of Virginia Beach to adopt a
12 resolution in support of its request that the General Assembly act
13 in accordance with Article X, § 6(a) (6) of the Constitution of
14 Virginia to designate the real and personal property of Community
15 Alternatives Management Group, Inc. as being exempt from state and
16 local real and personal property taxation;
17 WHEREAS, pursuant to § 30-19.04 of the Code of Virginia,
18 the Council of the City of Virginia Beach has held a public hearing
19 prior to the adoption of this Resolution ind has given all citizens
20 an opportunity to be heard;
21 WHEREAS, the provisions of § 30-19.04 of the Code of
22 Virginia have been examined and considered by the Council of the
23 City of Virginia Beach; and
24 WHEREAS, the Council of the City of Virginia Beach is of
25 the opinion that Community Alternatives Management Group should be
26 designated as a benevolent corporation within the context of §
27 6(a)(6) of Article X of the Constitution of Virginia and that real
28 and personal property located in the City of Virginia Beach owned
29 by Community Alternatives Management Group, Inc. and used by it
30 exclusively for benevolent purposes on a nonprofit basis should be
31 exempt from state and local real and personal property taxation.
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA:
34 That the Council of the City of Virginia Beach supports
35 the enactment of legislation involving the designation of Community
3 6 Alternatives Management Group, Inc. as a benevolent corporation
37 within the context of § 6 (a) (6) of Article X of the Constitution of
38 Virginia and that real and personal property owned by Community
39 Alternatives Management Group, Inc. which is located within the
40 City of Virginia Beach and used exclusively for benevolent purposes
41 on a nonprofit basis, be declared exempt from state and local real
42 and personal property taxation.
43 Adopted by the Council of the City of Virginia Beach,
44 Virginia, on the Fourth day of January, 1994.
45 CA-5401
46 ORDIN\NONCODE\COMMUNIT.RES
47 R-1
48 PREPARED: December 15, 1993
2
FORM NO, P.S. IB
INTER-oFFI('[ ('ORRESPONVENCE
MEMORANDUM
TO: James K. Spore
City Manager
FROM: David M. Grochmal
General Services
SUBJECT: Community Alternatives, Incorporated
DATE: December 13, 1993
Community Alternatives, Incorporated leases approximately 10,000 square feet of
space in the city-owned Human Services Building at Virginia Beach Boulevard and
Little Neck Road. They use the space as a sheltered workshop for their disabled
clients. Their present lease expires June 30, 1994 and they pay the City
approximately $4,166. a month in rent. Because of the severe overcrowding in the
Social Services Department which also occupies this building several months ago I
asked the Director of CAI if they would consider vacating their space prior to the
expiration of their lease so that it could be used by the Department of Social Services.
They agreed and have now found new space and plan to vacate the Human Services
Building by January 7, 1994. Their responsiveness to my request will be very helpful
in relieving the overcrowding in the Social Services Department. In order to help
offset some of their relocation expenses they are applying for exemption from
Personal and Real Property Taxation by City Council and the General Assembly. I
recommend favorable consideration of their application since they have very
graciously helped us by vacating the building prior to the expiration of their lease.
DMG/Ijs
APPLICATION TO CITY OF VIRGINIA BEACH FOR
EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION
Applicants: Please fill out this form and submit same to the City Manager, Municipal Center,
Virginia Beach, Virginia 23456. In any instance where additional space is needed to complete your
answer to a particular question, please utilize a separate sheet of paper and attach it to this
application.
Formal Name of Corporation/Organization:
Community Alternatives Management Group, Inc.
Address: Suite 120, 3133 Magic Hollow Blvd.
Virginia Beach, VA 23456
Telephone Number: (804) 468-7000
1. Is the Organization chartered or incorporated under the laws
of the Commonwealth of Virginia?
Yes
2. For what purpose is the group chartered?
To provided services to mentally handicapped citizens.
3. Describe in detail and specify the location of all real and
personal property for which exemption is sought.
Community Alternatives Management Group, Inc. has no personal property.
See Attachment I for real property.
4. List the present tax assessment of each parcel of real
property for which this exemption is sought: See Attachment 1
Parcel Parcel
Description: Description:
Assessed Value: Assessed Value:
Land: $ Land: $
Improvements: $ Improvements: $
Total Assessed Total Assessed
Value: $ Value: $
5. List the present tax assessment, by tax bill, of personal
Property for which the exemption is sought.
N/A
6. For what purpose is the real property currently used?
If there are several types of use for a single Parcel,
indicate such usages by areas of the buildings and floor
locations.
Housing for very low income individuals wth mental handicaps.
a. Does any other individual, association or corporation
occupy or use any part of the premises of any property
for which execption is sought? If yes, give details.
No
b. Is any income derived from the use of any portion of
the real property by other individuals or groups,
whether considered as rent or reimbursement for
necessary expenses for services incurred? if yes, give
all details.
No
7. With regard to personal property, state the purpose for
which the property is being used and whether income is
derived from the use of any such property by individuals,
groups or otherwise. If so, give all details.
N/A
2
8. Is the organization exempt from taxation pursuant to Section
501 (c) of the Internal Revenue Code of 1954? If so, attach
documentation.
Yes; See Attachment 2
9. Has the ABC Board issued a current annual alcohol beverage
license for the service of alcohol beverages for use on the
property from which tax exemption is here sought?
No
10. Is any director or officer of the agency paid compensation
in excess of a reasonable allowance for salaries or other
compensation?
No directors or officers receive any compensation.
11. Does any part of the earnings, exclusive of salaries, of
such organization inure to the benefit of any individual?
If so, list what portion and to whom for each of the past
three years.
No
12. What portion of the service provided by such organization is
generated by funds received from donations, contributions,
or local, state, or federal grants? Donations shall include
the providing of personal services or the contribution of
any in-kind or other material services.
See Attachment 3
3
13. Does the organization provide services for the common good
of the public? If so, explain in detail including in your
explanation a listing of the services provided, the cost of
the services to the recipient or method of determining cost of
the services to the recipient, and any other details you
deem pertinent.
See Attachment 4
14. What part, if any of the activities of the organization
involves carrying on propaganda, or otherwise attempts to
influence legislation?
None
15. Has the organizaiton ever participated in, contributed to,
or intervened in any political campaign on behalf of any
candidate for public office? If the answer is yes, please
provide any qualifying information you deem necessary.
No
16. State the organization's rule, regulation, policy, or
practice concerning discrimination on the basis of religious
conviction, race, color, sex or natural origin.
See Attachment 5
Community Alternatives Management Group, Inc. prohibits such discrimination.
17. List the name, business address and business telephone of
the president and secretary of the corporation/organization
as well as the managing officer.
John Rice, President
Phyllis Sullivan, Secretary
Karen E. Mallam, Executive Director
Suite 120, 3133 Magic Hollow Blvd.
Virginia Beach, VA 23456
4
18. In addition to the above, please provide the following
information:
(a) A copy of the organization's most recent audited
financial statement (i.e., current balance sheet and
income and expense statement for the organization's
last fiscal period).
See Attachment 6
(b) A detailed listing of the current salaries and/or other
compensation of the officers and directors of the
organization. In addition, please specify as to each
officer or director so listed, the basis of the listed
salary or compensation (i.e., annually, per meeting,
hourly, commission, etc.).
No directors or officers receive any compensation.
(c) List the salary ranges of each employee position
classification and list the number of full-time and
part-time employees in each such classification.
CAMG has no staff. Administrative support provided by parent company, CAI.
(d) Specify what percentage of gross income of the
organization was required to pay real and personal
property taxes for each of the last three years.
See Attachment 7
(e) Explain in detail why the City Council of the City of
Virginia Beach should recommend to the General Assembly
of Virginia that this organization should be exempt
from real and personal taxation in the City of Virginia
Beach. Please include in your explanation, the
services provided by the organization.
See Attachment 8
This form was prepared by Karen E. Mallam,
whose title with the organization is Executive Director.
(Signature)
Community Alternatives Management Group, Inc.
ORGANIZATION Community Alternative, Inc.
By: Name Phyllis Sullivan
Title Secretary
Date 12/10/93
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Phyllis Sullivan being duly sworn, deposes
and says that he/she is the Secretary (title) of
the (legal name of
ownership organization) named in the within entitled application;
that he as read the foregoing information sheet and knows the
contents thereof; and that the same is true to his own knowledge
except as to the matters herein stated to be alleged upon
information and belief, and as to those matters he believes it to
be true.
(Signature of Officer)
Subscribed and sworn to before me this 10th day
of December, 1993.
Notary Public
My Commission Expires September 30, 1996
COMMUNITY ALTERNATIVES MANAGEMENT GROUP, INC.
Index of Attachments
ATTACHMENT ITEM QUESTIONS ANSWERED
1 Real Estate 3 & 4
2 IRS Tax Exemption Letters 8
3 Support Funds 12
4 Services Explanation 13
5 Nondiscrimination Policy 16
6 Audited Financial Statements 18 (a)
7 Percentage of Income Paid for Taxes 18 (d)
8 Exemption Recommendation 18 (e)
ATTACHMENT 1
3. Real Property
Land Imporvements Total
Parcel Assessed Assessed Assessed Tax
Address Zip Sub-division Description Value Value Value Assessment
312 ANTHONY WAYNE DR. 23462 Pembroke Manor Sec 4 Lot 4 BLK 43 24,000.00 61,549.00 85,549.00 975.26
1498 OLD OAK ARCH 23456 Green Run Sec L-8 BK A, Pt 3 Lot 79 21,000.00 64,574.00 85,574.00 975.54
3295 LONG HILL DRIVE 23452 Groveland Park Sec 1 Lot 17 28,000.00 64,306.00 92,306.00 1,052.30
408 KING RICHARD DRIVE 23452 Kings Point Lot 133 30,000.00 81,263.00 111,263.00 1,268.40
3757 STRATHMORE CIR. 23454 Birchwood South BK A Lot 11 23,000.00 73,818.00 96,818.00 1,103.74
565 OLD POST ROAD 23452 Windsor Oaks W Sec 2 Pt 5 Lot 21 BLK P 24,000.00 57,930.00 81,930.00 934.00
479 HILL MEADOW DR. 23454 Hilltop South BK J Lot 4 12,500.00 38,611.00 51,111.00 582.68
465 LAKE HAVASU DR. 23454 The Woods at London Bridge Sec 5 BK YY Lot 4 17,500.00 49,124.00 66,624.00 759.52
426 RENNIE CT. 23454 The Woods at London Bridge Sec 5 BK II Lot 1 18,500.00 57,540.00 76,040.00 866.86
520 LAKE HAVASU DRIVE 23454 The Woods at London Bridge Sec 5 BK MM Lot 4 17,500.00 51,652.00 69,152.00 788.34
100-A S. PALM AVENUE 23452 Palm Run Condo BK 7 Unit 1 14,500.00 47,300.00 61,800.00 704.52
100-B S. PALM AVENUE 23452 Palm Run Condo BK 7 Unit 2 14,500.00 47,300.00 61,800.00 704.52
102-A S. PALM AVENUE 23452 Palm Run Condo BK 7 Unit 3 14,500.00 47,300.00 61,800.00 704.52
102-B S. PALM AVENUE 23452 Palm Run Condo BK 7 Unit 4 14,500.00 47,300.00 61,800.00 704.52
5214 RICHARD ROAD 23462 Northbridge Sec 1 BK GG Lot 2 14,000.00 36,280.00 50,280.00 573.20
3927 WYCKOFF DRIVE 23452 Thalia Wayside Sec 1 BK FF Lot 4 19,000.00 50,455.00 69,455.00 791.80
403 FALLING LANE 23454 The Woods at London Bridge Sec 3 BK U Lot 2 18,500.00 40,758.00 59,258.00 675.54
5309 S. PALMYRA DR. 23462 Ridgles Sec 1 Lot 22 BLK B 25,000.00 75,680.00 100,680.00 1,147.76
3925 SEEMAN ROAD 23452 Thalia Wayside Town Sec 4 BK NN Lot 6 19,000.00 47,544.00 66,544.00 758.60
3933 SEEMAN ROAD 23452 Thalia Wayside Town Sec 4 BK OO Lot 2 19,000.00 47,544.00 66,544.00 758.60
3937 SEEMAN ROAD 23452 Thalia Wayside Town Sec 4 BK OO Lot 4 19,000.00 47,544.00 66,544.00 758.60
450 BENLEA CIRCLE 23454 Lynn River Common Lot 91 21,000.00 42,612.00 63,612.00 725.18
213 HARRIER STREET 23462 Northridge Sec 1 BK EE Lot 5 14,000.00 31,959.00 45,959.00 523.94
613 AUBREY DRIVE 23462 Amherst Sec 4 BK K Lot 65 14,000.00 38,292.00 52,292.00 596.14
1425 WATERCREST PLACE 23464 Indian Lakes Lot 187 Sec A-1 25,000.00 64,802.00 89,802.00 1,023.74
1645 BLACKWATCH LANE 23464 Brigadoon Sec 2 Pt 1 Lot 462 29,000.00 70,464.00 99,464.00 1,133.90
5429 STEWART DRIVE 23464 Brigadoon Pines Sec 1 Pt 2 BK D Lot 4 29,000.00 81,002.00 110,002.00 1,254.02
5238 RICHARD ROAD 23462 Northridge Sec 2 BK OO Lot 1 15,000.00 35,520.00 50,520.00 575.94
306 OSPREY STREET 23462 Northridge Sec 1 BK BB Lot 6 14,000.00 35,640.00 49,640.00 565.90
307 STEPNEY LANE 23452 Thalia Wayside Townhomes Sec 1 BK A Lot 4 19,000.00 47,404.00 66,404.00 757.02
5506 ROCK CREEK LANE 23462 Lynbrook Landing Sec 2 Lot 42 14,500.00 43,460.00 57,960.00 660.74
140 THALIA TRACE DRIVE 23452 Thalia Trace Sec 4 BK FF Lot 7 13,000.00 41,394.00 54,394.00 620.10
5417 CAMPUS DRIVE 23462 Campus East Townhome Sec 3 BK M Lot 2 15,500.00 35,675.00 51,175.00 583.40
5825 E. HASTINGS ARCH 23462 Lake Edward West Sec 2 Site 2 Lot 26 13,500.00 33,880.00 47,380.00 540.14
2234 SEDGEWICK DRIVE 23454 Washington Square Sec 1 Lot 112 BLK F 14,000.00 45,730.00 59,730.00 680.92
724 WHITEHALL LANE 23462 Lake Edward W Sec 1 Lot 17 Site 2 13,500.00 35,654.00 49,154.00 560.36
5225 CONDOR STREET 23462 Northridge Sec 3 BLK LL Lot 1 15,000.00 35,296.00 50,296.00 573.38
5523 LYNNBROOK LANDING 23462 Lynnbrook Landing Sec 1 Lot 12 14,500.00 35,514.00 50,014.00 570.10
3558 WINDMILL DRIVE 23456 Green Run Pud Sec E-2B Pt 2 Lot 6 13,500.00 31,037.00 44,538.00 507.74
450 LAKE HAVASU DRIVE 23454 The Woods at London Bridge Sec 5 BK PP Lot 3 18,500.00 48,780.00 67,280.00 767.00
431 WAYMAN LANE 23454 The Woods at London Bridge Sec 4 BK AA Lot 4 17,500.00 48,165.00 65,665.00 748.58
421 RENNIE COURT 23454 The Woods at London Bridge Sec 5 BK HH Lot 2 17,500.00 44,610.00 62,110.00 708.08
1321 NORTHVALE DRIVE 23464 Rosemont Forest South Sec 1 BK QQ Lot 56 22,000.00 78,872.00 100,872.00 1,149.94
5491 DAVIS WAY 23462 Amhurst Sec 4 BK W Lot 140 14,000.00 40,694.00 54,694.00 623.52
4695 MERRIMAC LANE 23455 Bayside Villas Lot 2 15,000.00 50,658.00 65,658.00 748.50
808 LAKE EDWARD DR. 23462 Lake Edward West Sec 2 Site 5 Lot 24 13,500.00 30,880.00 44,380.00 505.94
5644 CAXTON CT. 23462 Lake Edward N Sec 3 Site 4 Lot 11 13,500.00 35,890.00 49,390.00 563.06
5804 LAYTON STREET 23462 Lake Edward W Sec 4 Site 4 Lot 69 13,500.00 35,654.00 49,454.00 560.36
5381 GRAND LAKE CRES. 23462 Grand Lake Sec 3 BK F Lot 2 14,000.00 37,080.00 51,080.00 582.32
Totals 873,500.00 2,371,991.00 3,245,491.00 36,998.78
31 HOPKINS PLAZA ATTACHMENT 2
BALTIMORE, MD 21201
Date: MAR 21 1990 Employer Identification Number:
Applied For
Contact Person:
GEORGE T. SMITH
COMMUNITY ALTERNATIVES MANAGEMENT Contact Telephone Number:
GROUP INCORPORATED (301) 962-9430
PEMBROKE SIX BUILDING SUITE 218
VIRGINIA BEACH, VA 23462
Accounting Period Ending:
June 30
Foundation Status Classification:
509 (a) (1) and 170 (b) (1) (a) (vi)
Advance Ruling Period Begins:
July 1, 1989
Advance Ruling Period Ends:
June 30, 1994
Addendum Applies:
Yes
Dear Applicant:
Based on information supplied, and assuming your operations will be as
stated in your application for recognition of exemption, we have determined you
are exempt from Federal income tax under section 501(a) of the Internal
Revenue Code as an organization described in section 501(c) (3).
Because you are a newly created organization, we are not now making a
final determination of your foundation status under section 509(a) of the Code.
However, we have determined that you can reasonably be expected to be a public-
ly supported organization described in sections 509(a)(1) and 170 (b)(1)(A)(vi).
Accordingly, you will be treated as a publicly supported organization,
and not as a private foundation, during an advance ruling period. This
advance ruling period begins and ends on the dates shown above.
Within 90 days after the end of your advance ruling period, you bust
submit to us information needed to determine whether you have met the require-
ments of the applicable support test during the advance ruling period. If you
establish that you have been a publicly supported organization, you will be
classified as a section 509(a) (1) or 509 (a)(2) organization as long as you con-
tinue to meet the requirements of the applicable support test. If you don not
meet the public support requirements during the advance ruling period, you will
be classified as a private foundation, you wil be treated as a private foundation
from the date of your inception for purposes of sections 507 (d) and 4940.
Grantors and contributors may rely on the determination that you are not a
private foundation until 90 days after the end of your advance ruling period.
If you submit the required information within the 90 days, grantors and contri-
butors may continue to rely on the advance determination until the Service
makes a final determination of your foundation status.
Letter 1045(DO/CG)
COMMUNITY ALTERNATIVES MANAGEMENT
If notice that you will no longer be treated as a publicly supported or-
ganization is published in the Internal Revenue Bulletin, grantors and con-
tributors may not rely on this determination after the date of such pulica-
tion. In addition, if you lose your status as a publicly supported organiza-
tion and a grantor or contributor was responsible for, or was aware of, the act
or failure to act, that resulted in your loss of such status, that person may
not rely on this determination from the date of the act or failure to act.
Also, if a grantor or contributor learned that the Service had given notice
that you would be removed from classification as a publicly supported organiza-
tion, then that person may not rely on this determination as of the date such
knowledge was acquired.
If you sources of support, or your purposes, character, or method of
operation change, please let us know so we can consider the effect of the
change on your exempt status and foundation status. In the case of an amend-
ment to your organizational document or bylaws, please send us a copy of the
amended document or byleaws. Also, you should inform us of all changes in your
name or address.
As of January 1, 1984, you are liable for taxes under the Federal Insur-
ance Contributions Act (social security taxes) on renumeration of $100 or more
you pay to each of your employees during a calendar year. you are not liable
for the tax imposed under the Federal Unemployment Tax Act (FUTA).
Organizaitons that are not private foundations are not subject to the pri-
vate foundation excise taxes under Chapter 42 of the Code. However, you are
not automatically exempt from other Federal excise taxes. If you have any
questions about exciser employment, or other Federal taxes, please let us
know.
Donors may deduct contributions to you as provided in Section 170 of the
Code. Bequests, legacies, devises, transfers, or gifts to you or for your use
are deductible for Federal estate and gift tax purposes if they meet the appli-
cable provisions of sections 2055, 2106, and 2522 of the Code.
Contribution deductions are allowable to donors only to the extent that
their contributions are gifts, with no consideration received. Ticket pur-
chases and similar payments in conjunction with fundraising events may not
necessarily qualify as deductible contributions, depending on the circum-
stances. See Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2,
on page 104, which sets forth guidelines regarding the deductibility, as chari-
table contributions, of payments made by taxpayers for admission to or other
participation in fundraising activities for charity.
You are required to file Form 990, Return of Organization Exempt From
Income Tax, only if you gross receipts each year are normally more than
$25,000. However, if you receive a Form 990 package in the mail, please file
the return even if you do not exceed the gross receipts test. If you are not
required to file, simply attach the label provided, check the box in the head-
Letter 1045(DO/CG)
COMMUNITY ALTERNATIVES MANAGEMENT
inq to indicate that your annual gross receipts are normally $25,000 or less,
and sign tne return.
If a return is required, it must be filed by the 15th day of the fifth
month after the end of your annual accounting period. A penalty of $10 a day
is charged when a return is filed late, unless there is reasonable cause for
the delay. However, the maximum penalty charged cannot exceed $5,000 or 5 per-
cent of your gross receipts for the year, whichever is less. This penalty may
also be charged if a return is not completed, so please be sure your return is
complete before you file it.
You are not required to file Federal income tax returns unless you are
subject to the tax on unrelated business income under section 511 of the Code.
If you are subject to this tax, you must file an income tax return on Form
990-T, Exempt Orqanization Business Income Tax Return. In this letter we are
not determining whether any of your present or proposed activities are unre-
lated trade or business as defined in section 513 of the Code.
You need an employer identification number even if you have no employees.
If an employer identification number was not entered on your application, a
number will be assigned to you and you will be advised of it. Please use that
number on all returns you file and in all correspondence with the Internal
Revenue Service.
This determination is based an evidence that your funds are dedicated to
the purposes listed in section 501(c)(3) of the Code. To assure your continued
exemption you should maintain records to show that funds are expended only for
those purposes. If you distribute funds to other organizations your records
should show whether they are exempt under section 501(c)(3). In cases where
the recipient organization is not exempt under section 501(c)(3), there should
be evidence that the funds will remain dedicated to the required purposes and
that they will be used for those purposes by the recipient.
If we have indicated in the heading of this letter that an addendum
applies, the addendum encloses is an ineqral part of this letter.
Because this letter could nelp resolve any questions about your exempt
status and foundation status, you should keep it in your permanent records.
Letter
COMHUNITY ALTERNATIVES MANAGEMENT
If You have any questions, please contact the person whose name and
telephone number are shown in the heading of this letter.
Sincerely voursv
i@t - @ r,24
Distric' Direc*@or
Enclosureis);
Form 872-C
Letter l@i5kDOiCG)
COMMUNITY ALTERNATIVES MANAGEMENT
You are required to make your annual return available for public inspection for
three years after the return is due. You are also required to make available
a copy of your exemption application, and supporting documents and the
Exemption letter. Failure to make these documents available for public
inspection may subject you to a penalty of $10 per day for each day there is a
failure to comply (up to a maximum of $5,000 in the case of an annual return).
See Internal Revenue Service Notice 98-120, 1988-2 C.B. 454, for additional
information.
Guidelines under which private foundations may rely on this determination
for gifts, grants, and contributions made after March 13, 1989, were
liberalized and published in Rev. Proc. 89-23, Cumulative Bulletin 1989-1,
page 844.
Letter IviS@@O/CGi
Department of the Treasury
Internal Revenue Service
Date: 2-17-91
Re: 12-17-91
Taxpayer identification number:
54-1498797
Tax period:
Dear Mr. Verbanic,
Our records indicate that
the above Employer I.D. number
was established in May of 85.
Please continue to use this
number until further notification
is received.
ATTACHMENT 3
12. Funds received from donations, contributions or local, state, or federal grants are listed
below:
Community Services Boards $67,354 14%
VA Dept. of Housing & Community Development 76,093 16%
TOTAL SUPPORT 143,447 30%
ATTACHMENT 4
13. Yes, CAMG provides services for the common good of the public. We provide housing
for 200 very low income mentally handicapped individuals.
All recipients of services are clients of public agencies and referred to CAMG by those
agencies. These agencies include the Virginia Beach Community Services Board, and the
Virginia Beach Public Schools.
Mentally disabled individuals served by CAMG pay 10% of their net income for housing.
Typically tenants have incomes in the range of $0 - $5,000 per year.
ATTACHMENT 5
Policies and Procedures Manual
200 100
Subject. Equal Employment Opportunity Policy 07/01/90
Purpose: To abide by the doctrines outlined in Title VI and Title VII of the 1964 Civil Rights
Act.
Eligibility: All employees are covered by this policy as well as all applicants.
Policy: Community Alternatives Management Group, Incorporated is an Equal Opportunity
Employer. CAMG is committed to the maintenance and promotion of equal
employment opportunity for all employees and applicants for employment without
regard to race, color, creed, sex, age. religion. national origin, handicap, political
affiliations or other non-job related factors. CAMG will follow this policy in
recruiting, hiring, promoting, transferring, training, terminating and disciplining
individuals. In this way, CAMG will provide an equitable work environment for its
employees and better service to its citizens.
Concerning Title VI/Equal Employment Opportunity Assurances, the Civil Rights
Act of 1964:
In accordance with the provisions of Title VI of the Civil Rights Act of 1964
and Section 504 of the Vocational Rehabilitation Act of 1973, regulations
issued by the U. S. Department of Health, Education and Welfare pursuant
hereto, and other applicable legislation and regulations, Community
Alternatives Management Group, Incorporated gives notice hereby that the
programs operated or funded by it are being and will continue to be operated
in such a manner that no person will be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under
such programs on the grounds if race, color, national origin, age, sex or
handicap.
Concerning Title VII/Equal Employment Opportunity Assurances, the Civil Rights
Act of 1964:
In accordance with the provisions of Title VII of ttm Civil Rights Act of 1964,
Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, regulations issued by the U. S. Department of
Health, Education and Welfare pursuant hereto, Executive Order 11246, and
other applicable legislation and regulations, Community Alternatives
Management Group, Incorporated gives notice hereby that the programs
operated or funded try it afford equal opportunity in all aspects of personnel
management without regard to race, color, religion, national origin, political
affiliation, handicap, sex. or age to all employees and applicants for
employment.
Community Alternatives Management Group, Incorporated will periodically review
operating procedures and practices to insure continued conformance with
applicable legislation, regulations and orders related to non-discrimination in
service delivery and employment practices. Suitable notices of these assurances
will be posted publicly by Community Alternatives Management Group,
Incorporated. These assurances will be implemented in the personnel policies
and practices of Community Alternatives Management Group, Incorporated and
any advertisements for new or vacant positions will include a statement that
Community Alternatives Management Group, Incorporated is an equal opportunity
employer.
I of 2 page(s)
Policies and Procedures Manual
Equal Employment Opportunity Policy
... Continued
Any person having grounds to believe that Community Alternatives Management
Group, Incorporated is discriminating against anyone on the basis of race, color,
sex, national origin, age or handicap, has the right to file a complaint with
Community Alternatives Management Group, Inc., with the Virginia Department
of Mental Health and Mental Retardation, or with the U. S. Department of Health,
Education, and Welfare. If filed with Community Alternatives Management Group,
Incorporated, it should be sent to the Executive Director's Office where it will be
reviewed by a special committee appointed for that purpose. A final report of
disposition will be sent to the complainant, the Virginia Department of Mental
Health and Mental Retardation, the Department of Health, Education and Welfare,
and the Office of Federal Contract Compliance.
Forms
Referenced., None 2 of 2 page(s)
TITLE VI/Equal Employment Opportunity Assurances,
the Civil Rights Act of 1964
In accordance with the provisions of Title VI of the Civil Rights Act of 1964 and
Section 504 of the Vocational Rehabilitation Act of 1973, regulations issued by the U.S.
Department of Health, Education and Welfare pursuant hereto, and other applicable legislation
and regulations, Community Alternatives Management Group, Incorporated gives notice hereby
that the programs operated or funded by it are being and will continue to be operated in such a
manner that no person will be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under such programs on the grounds of race, color, national
origin, age, sex or handicap.
In accordance with the provisions of Title VII of the Civil Rights Act of 1964,
Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination Act of
1975, regulations issued by the U.S. Department of Health, Education and Welfare pursuant
hereto, Executive Order 11246, and other applicable legislation and regulations, Community
Alternatives Management Group, Incorporated gives notice hereby that the programs operated
or funded by it afford equal opportunity in all aspects of personnel management without regard
to race, color, religion, national origin, political affiliation, handicap, sex, or age to all employees
and applicants for employment.
Community Alternatives Management Group, Incorporated will periodically review
operating procedures and practices to insure continued conformance with applicable legislation,
regulations and orders related to non-discrimination in service delivery and employment practices.
Suitable notices of these assurances will be posted publicly by Community Altemabves
Management Group, Incorporated. These assurances will be implemented in the personnel
policies and practices of Community Alternatives Management Group, Incorporated and any
advertisements for new or vacant positions will include a statement that Community Alternatives
Management Group, incorporated is an equal opportunity employer.
Any person having grounds to believe that Community Alternatives Management
Group, Incorporated is discriminating against anyone on the basis of race, color, sex, national
origin, age or handicap, has the right to file a complaint with Community Alternatives,
Incorporated. The complaint should be sent to the Executive Director where it will be reviewed
by a special committee appointed for that purpose. A final report of disposition will be sent to the
complainant, the Virginia Department of Mental Health and Mental Retardation, the Department
of Health, Education, and Welfare, and the Office of Federal Contract Compliance.
All CAMG program locations shall prominently display the attached "Notice to the
Public" concerning CAMG's assurance in terms of abiding by Title VI of the Civil Rights Act.
ATTACHMENT 6
DALE LEE, P. C
23-,27
'-Dl'C -CCOU.T..TS
soc.@ Or CCAT",EO
-.81-C -CCOI.T..Tl
INr)v-?r-.';Z)ENT AUDITCR'S R-RPORT
Board of Directors
Community Alternatives Management Group, Inc.
Virginia Beach, Virginia
I have audited the accompanying statement of financial position of
Communitv Alternatives Management Group, Inc. (a non-profit organ-
ization) as of June 30, 1993 and the related statements of activi-
ties and casn flows for the year then ended. These financial state-
ments are the responsibility of the Organizations management. My
responsibility is to express an opinion on these financial statements
based on my audit.
I conducted my audit in accordance with generally accepted auditing
standards. Those standards require that I plan and perform the
audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement. An audit includes
examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates
made by management, as well as evaluating the overall financial
statement presentation. I believe that my audit provides a reason-
able basis for my opinion.
In my opinion, the financial statements referred to above present
fairly, in all material respects, the financial position of
Community Alternatives Management Group, Inc. as of June 30, 1993, and
the results of its operations and its cash flows for the year
then ended in conformity with generally accepted accounting
principles.
September 23, 1993
Community Alternatives Management Group, Inc.
Statement of Financial Position
June 30, 1993
Assets:
Cash $ 48,983
Accounts receivable 13,995
Net property and equipment:
Real estate 2,979,552
Other 7,198
Unamortized loan costs 13,603
Total assets $ 3,063,331
Liabilities and net assets:
Mortgages payable $1,493,249
Due to affiliate 82,214
Other liabilities 10,979
Total liabilities 1,586,442
Net assets:
Unrestricted (129,693)
Temporarily restricted 1,606,582
Total net assets 1,476,889
Total liabilities and net assets $ 3,063,331
See notes to financial statements.
Community Alternatives management Group, Inc.
Statement of Activities
Year Ended June 30, 1993
Temporarily
Unrestricted Restricted Total
Revenue and other support:
Management and administrative fees $ 108,883 $ $ 108,883
Purchases of services 159,106 159,106
Rent and program fees 143,340 143,340
State grants 76,093 76,093
Other revenue 1,006 1,006
Total revenue and other support 488,428 488,428
Expenses:
Program 549,624 549,624
Management and general 37,672 37,672
Total expenses 587,296 587,296
Change in net assets (98,868) (98,868)
Transfer from affilite 30,320 30,320
Net assets, beginning of year (61,145) 1,606,582 1,545,427
Net assets, end of year $ (129,693) $ 1,606,582 $ 1,476,889
See notes to financ@-al statements.
Community Alternatives Management Group, Inc.
Statement of Cash Flows
Year Ended June 30, 1993
Cash flows from operating activities:
Change in net assets $ (98,867)
Adjustments to reconcile change in net assets
to net cash provided by operating activities:
Depreciation and amortization 80,948
Decrease in accounts receivable 85,048
Decrease in mortgage escrow funds 20,251
Decrease in due to affiliate (26,754)
Decrease in other liabilities (34,494)
Total adjustments 124,999
Net cash provided by operating activities 25,132
Cash flows from investing activities:
Purchase of equipment (6,498)
Net cash used by investing activities (6,498)
Cash flows from financing activities
Cash transfer from affiliate 30,320
Principal payments on mortgages payable (19,017)
Net cash provided bv financing activities 11,303
Net increase in cash 30,937
Cash, beginning of year 18,046
Cash, end of vear $ 48,983
Supplemental data:
Interest paid $ 133,095
See notes to financial statements.
COMMUNITY ALTERNATIVES GROUP, INC.
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30 1993
Statement of purpose:
Community Alternatives Management Group, Inc. is a non-stock
corporation organized under the laws of the Commonwealth of
Virginia. Its purposes are primarily to provide housing
facilities management and general management services and
to promote housing within the community for handicapped and
disabled individuals. To carry out these goals, the Organ-
ization has acquired real estate and is providing many
management functions related to such ownership, including,
but not limited to, obtaining financing, administering
budgets and providing property maintenance.
In pursuit of its purposes, the Organization receives program
service fees and rents from tenants. Financial instruments
that potentially subject the Organization to credit risk
consist of accounts receivable from tenants.
2. Summary of significant accounting policies:
Basis of accounting and Presentation:
The accompanying financial statements have been prepared on the
accrual basis of accounting and include all accounts and
funds of the Organization.
For the year ended June 30, 1993, the Organization has elected
for early implementation of Statement of Financial Accounting
Standards (SFAS) Nos. 116 and 117, Accounting for Contribu-
tions Received and Made and Financial Statements of Not-for-
Profit Organizations, respectively. Implementation served to
change the appearance of the financial statements in an ef-
fort to better assist the financial statement user in assess-
ing (a) the services the Organization provides and its abili-
ty to continue to provide those services and (b) how manage-
ment discharges its stewardship responsibilities and other
aspects of its performance. Implementation of SFAS No. 117
also required a statement of cash flows which is included
herein. The implementation of SFAS Nos. 116 and 117 did not
result in a material impact on the financial statements.
Property, equipment and depreciation:
Property and equipment are stated at cost. Depreciation is
being provided over the estimated useful lives of the assets
using the straight-line method.
COMMUNITY ALTERNATIVES MANAGEMENT GROUP, INC.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
YEAR ENDED JUNE 30, 1991
2. Summary of significant accounting policies (continued):
Loan costs:
Mortgage loan costs have been deferred and are being amortized
over the term of the related debt.
Contributions received:
The Organization reports gifts of cash and other assets as re-
stricted support if they are received with donor stipulations
that limit the use of the donated assets. When a donor re-
striction expires, that is, when a stipulated time restric-
tion ends or porpose restriction is accomplished, temporarily
restricted net assets are reclassified to unrestricted net
assets and reported in the statement of activities as net
assets released from restrictions.
The Organization reports gifts of land, buildings and equipment
as unrestricted support unless explicit donor stipulations
specify how the donated assets must be used. Gifts of long-
lived assets with explicit restrictions that specify how the
assets are to be used and gifts of cash or other assets that
must be used to acquire long-lived assets are remorted as
restricted support. Absent explicit donor stipulations about
how long those long-lived assets must be maintained, the Or-
ganization reports expirations of donor restriction when the
donated or acquired long-lived assets are placed in service.
3. Income tax status:
The Organization is exempt from income taxes under section
501(c)(3) of the Internal Revenue Code and, accordingly,
no provision for income taxes is included in the financial
statements.
4. Mortgages payable:
Mortgages payable, with real estate which cost $3,012,440
pledged as collateral, are payable in monthly installments
totaling $12,660 which includ;s interest at annual rates
ranging from 8.00% to 9.31%. The mortgages mature from
1998 through 2021.
Total mortgages payable $ 1,493,249
Less current portion 20,763
Long-term portion $ 1,472,486
COMMUNITY ALTERNATIVES MANAGEMENT GROUP, INC.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
YEAR ENDED JUNE 30, 1991
4. Mortgages payable (continued):
Principal payments due on mortgages for each of the five
years subsequent to June 30, 1993 are as follows:
Fiscal Year ending June 30,:
1994 $ 20,763
1995 22,670
1996 24,754
199 7 21,336
1998 19,993
Thereafter 1,383,733
$ 1,493,249
5. Temporarily restricted funds:
Temporarily restricted funds consist of permanent housing grants
(see note 7) received for the acquisition of residential pro-
perties for the use and benefit of the mentally retarded and
handicapped.
6. Related party transactions:
The Organization contracted with an affiliate, Community
Alternatives, Inc., to provide property management services
in connection with the affiliate's mental health and mental
retardation residential programs. Management fees earned
from Community Alternatives, Inc. amounted to $104,249 for the
year ended June 30, 1993. In addition the Organization owed
$82,214 to Community Alternatives, Inc. at June 30, 1993.
This loan was non-interest bearing.
During the year, the organization received cash in the amount of
$ 30,320 from Community Alternatives, Inc. The cash transfer
was made to support the Organization's properties which are
used for the Residential Programs of Community Alternatives,
Inc.
7. Commitments and contingencies:
The Organization owns real estate which was acquired from 1990
through 1992 in part with grants from the Virginia Department
of Housing and Community Development. The grant agreements
provide, among other things, that the acquired properties shall
be used solely for permanent housing for handicapped persons,
COMMUNITY ALTERNATIVES MANAGEMENT CACUP, INC.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
YEAR ENDED JUNE 30, 1993
7. Commitments and contingencies (continued):
who otherwise would be homeless, for not less than twenty
years. These grants, amounting to $1,606,582, have been
accounted for as temporarily restricted support. The Organi-
zation has granted second deeds of trust for the amount of the
grants to the Virginia Department of Housing and Community
Development on the property acquired with the grant proceeds.
The real estate acquired through these grants and pledged as
collateral under the second deeds of trust cost $2,950,849.
Community Alternatives Management Group, Inc. is contingently
liable under the second deeds of trust and grant agreements.
The contingent liability amounts to 100% of the original
grant should the real estate be used for purposes not speci-
fied in the grant agreements in the first ten years of owner-
ship. The contingent liability decreases by 10% per year for
each year after the tenth year. After twenty years, these
contingent liabilities will terminate.
ATTACHMENT 7
18.(d) The percentage of gross income paid for real estate and personal property tax for the last
three years were as follows:
Year Real Estate Personal Property Percentage
1993 $59,456 $0 12%
1992 35,178 0 3%
1991 3,201 0 1%
ATTACHMENT 8
18(E). CAMG requests that the City Council of the City of Virginia Beach recommend to the
General Assembly of Virginia that the organization be exempt from real and personal taxation
in the City of Virginia Beach because of the provision of charitable services for the common
good of the public. Approximately 200 mentally disabled individuals currently receive housing
and residential support services from CAMG. Public funding for these services has been level
or shrinking, while costs continue to rise. Approval of this request would assist CAMG in
maintaining high quality services without additional public funds.
This request was precipitated by the desire of the City of Virginia Beach to terminate our
lease for space in the Human Services Building, to accommodate the needs of the Department
of Social Services. After an exhaustive nine-month search, an adequate site has been found.
The costs of relocation, downtime, lost revenues, combined with increased space costs, are
substantial and unbudgeted. Approval of this request would allow CAMG's parent company,
CAI, to respond rapidly to the convenience of the City to acquire the space presently leased to
CAI.
13 -
Item II-J.
CONSENT AGENDA ITEM # 37547
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in
ONE MOTION items 1, 2, 3 and 4 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, 111, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Natic-y K. I'arker and Vice Mayor
grilliam D. ;essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
January 4, 1994
- 14
Item II-J.1.
CONSENT AGENDA ITEM # 37548
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance granting a forty (40) year lease to Sprint Cellular Company
("grantee") for the lease of City-owned property near the intersection of
Rosemont Road and Street "A", containing approximately 1,862 square
feet, re construction, maintenance and operation of a communications
antenna and related appurtenances; and, authorizing the City Manager
enter into a Lease Agreement with the grantee (PRINCESS ANNE.
BOROU(,Il).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. l,anteigne, John D.
Moss, Mayor Meyera P. Oberndorf, Naticy K Iarker and Face Mayor
William D. 5essoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
None
January 4, 1994
1 AN ORDINANCE GRANTING A FORTY (40) YEAR LEASE
2 TO SPRINT CELLULAR COMPANY ("GRANTEE") FOR THE
3 LEASE OF CITY-OWNED PROPERTY CONTAINING
4 APPROXIMATELY 1,862 SQUARE FEET IN THE
5 PRINCESS ANNE BOROUGH FOR THE CONSTRUCTION,
6 MAINTENANCE AND OPERATION OF A COMMUNICATIONS
7 ANTENNA AND RELATED APPURTENANCES, AND
8 AUTHORIZING THE CITY MANAGER TO ENTER INTO A
9 LEASE AGREEMENT WITH THE GRANTEE.
10 WHEREAS, the City of Virginia Beach owns property at the
11 intersection of Rosemont Road and Street "A" in the Princess Anne
12 Borough containing approximately 1,862 square feet as more
13 particularly described on the plat entitled "PROPERTY TO BE LEASED
14 AREA=1,862 SQ. FT.", on the plat entitled "PLAT To ACCOMPANY LEASE
15 SHOWING PROPERTY TO BE LEASED TO SPRINT CELLULAR COMPANY," dated
16 April 23, 1993, as revised on December 14, 1993, prepared by Rouse-
17 Sirine and Associates, Ltd., which is attached hereto as Exhibit A
18 and is hereby incorporated by reference (hereinafter referred to as
19 the "Property");
20 WHEREAS, by Ordinance adopted on the 2nd day of November,
21 1993, City Council authorized and directed the City Manager or his
22 designee to invite bids for a forty (40) year lease of the Property
23 for the construction, maintenance and operation of a communications
24 antenna and related appurtenances;
25 WHEREAS, pursuant to that Ordinance, the City Manager
26 caused an invitation to bid to be advertised in accordance with the
27 provisions of §§ 15.1-307 et seg. of the Code of Virginia (1950),
28 as amended; and
29 WHEREAS, the highest and best bid was submitted by Sprint
30 Cellular Company.
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
32 CITY OF VIRGINIA BEACH, VIRGINIA:
33 That a forty (40) year lease is hereby granted to Sprint
34 Cellular Company ("Grantee") for the lease of the Property
35 described in Exhibit A, and that the City Manager is hereby
36 authorized and directed to enter into a Lease Agreement with the
37 Grantee, which Lease Agreement is attached hereto as Exhibit B and
38 is hereby incorporated by reference.
3 9 Adopted by the Council of the City of Virginia Beach, Virginia
40 on the Fourth day of January 1994.
41 CA-5333
42 \ORDIN\NONCODE\SPRINT.ORD
43 R-1
44 PREPARED: December 21, 1993 Al TO C ",I f -L'4'-
SUFFICIE
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CITY ATTORNEY
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LOCATION MAP OF
AREA TO BE LEASE[
OF CITY OWNED PRO
NEAR INTERSECTION C
ROSEMONT RD.AND STR ET "A"
SCALE: I"= 40
IDIAN SOURCE IS BASE@ ti VIRG @IA COORDINATE SYSTEM OF 1983, SOUTH
E.
CRIPTION: PROPERTY TO bE LEASE@L) 13EING A PORTION OF PARCEL i3 PROPERTY
THE CITY OF VIRGINIA BEAU-H, VIRCINIA, OBTAINED BY DEED RECORDED IN THE
RK'S OFFICE OF THE CIRCJIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA
DEED BOOK 1019, AT PAGE 47. AL)DITIONAL REFERENCE BEING PLAT RECORDED
IN THE CLERK'S OFFICE OF 7@IE- CIRC IIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA IN MAP BOOK 73, A' @DAGT- OA
STREET
(VARIABLE WIDTH @IGHT @,)F- WAY)
(M.B@ 222, F. j2- 5,, CA
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N45'33'34" N3
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@ Z
EXISTING PUMP
STATION SITE
(M.B. 21 1, P. 82
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EXISTING VIRGINIA ELECTRIC
D POWER COMPANY EASEMENT
(D.B 3136, P. 1316)
(PLAT-D.B. 3136, F- '319)
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L4 PROPERTY OF
C17Y OF VIRGINIA BEACH
(D.B. 1019, P. 47)
(M. B. 7 3, P. I OA)
k-35'@ GPIN: 1485-73-7)87 LEGEND
C% INDICATES STEEL PIN PLACED
rri INDICATES STEEL PIN FOUND
PROPERTY TO BE
LEASED TO
SPRINT CELLULAR
L COMPANY
N45-40'34@E , AREA=1,862 SQ. F'
4
4 C%l
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RVE TABLE
LENGTH_
103.45'
PLAT TO ACCOMPANY LEASE
SHOWING
PROPERTY To BE L@SED TO
SPRINT CELLULAR COMPANY
PRINCESS ANNE BOROUGH-VIRGINIA r3EACki, VIRGINIA
SCALE: I"=50' APRIL -'3, 1993
ROUSE-SIRINE ASSOCIATES, LTD.
SURVEYORS AND MAPPING CONSL,@LTANT!-@
333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA '-1462
(804) 490-2,308 REVISED, I
EXHIBIT B
LEASE
This Lease Agreement, made this day of
, 199__, by and between the City of Virginia
Beach, a municipal corporation, herein referred to as "Landlord"
Grantor, and SPRINT CELLULAR COMPANY, herein referred to as
"Tenant," Grantee.
W I T N E S S E T H
WHEREAS, the City of Virginia Beach is the sole owner of the
following described real estate, to wit:
All that certain lot, piece, or parcel of land identified as
being "PROPERTY TO BE LEASED TO SPRINT CELLULAR COMPANY AREA =
1,862 SQ.FT.", as shown on that certain plan entitled "PLAT To
ACCOMPANY LEASE SHOWING PROPERTY TO BE LEASED TO SPRINT CELLULAR
COMPANY PRINCESS ANNE BOROUGH-VIRGINIA BEACH, VIRGINIA SCALE:
1"=50' APRIL 23, 1993 ROUSE-SIRINE ASSOCIATES, LTD.," a copy of
which is attached hereto as Exhibit A.
WHEREAS, Tenant desires to lease the aforesaid property for
the purpose of constructing and then operating an antenna tower
and appurtenant facilities on a shared basis with the City of
Virginia Beach;
WHEREAS, the City Council of the City of Virginia Beach
pursuant to Section 15.1-307, et seq. of the code of Virginia has
awarded a lease of the above described property to Tenant for the
purpose of constructing and then operating an antenna tower and
appurtenant facilities on a shared basis with the City of
Virginia Beach;
NOW, THEREFORE, in consideration of the mutual covenants
contained herein the parties agree as follows:
1. Description of the Premises
Landlord agrees to lease and Tenant agrees to rent the
aforesaid property shown on the attached Exhibit A, which
property is hereinafter referred to as the "Property".
2. Term of Lease
Tenant agrees to lease the Property for a period of forty
(40) years commencing on the 1st day of February, 1994. At the
end of such forty-year period, the lease shall automatically
terminate.
3. Rent
For lease of the Property, Tenant agrees to pay Landlord the
initial sum of Seven Thousand Two Hundred Dollars ($7,200.00) as
annual rent, to be due and payable on the 1st day of February,
1994. Thereafter, Tennant agrees to pay to Landlord on the 1st
day of February of each succeeding year annual rental payments
adjusted for changes in the Consumer Price Index - All Urban
Consumers (CPI-U), U.S. City Average, All Items, 1982-84 = 100,
as published by the U.S. Department of Labor. Such adjustments
in annual rental payments shall be calculated as follows:
The CPI-U, as previously described, for the month of
November 1993 shall serve as the base year index. Each
annual rental payment due after the initial year of the
lease shall be determined by multiplying the initial rental
amount of Seven Thousand Two Hundred Dollars ($7,200) by
the factor of quotient derived by dividing the previously
described CPI-U for the month of November of the current
year by the base year index. In no event, however, shall an
annual rental payment increase by more than five (5) percent
from the annual rental payment of the previous year. For
each month, or part thereof, that Tenant is late in making
its annual rental payment, Tenant agrees to pay Landlord
interest at the rate of prime plus one percent (1%) applied
to the outstanding balance due.
4. Use of Premises.
The parties expressly agree that this Lease is executed in
order that Tenant may construct and operate an approximately 130-
foot tower and related appurtenances (including fencing and an
equipment building) on the Property adequate to meet Tenant's
needs and that the Property shall not be put to any other use.
The parties further agree that Landlord may utilize space on such
antenna tower on a shared basis with Tenant as shall be mutually
agreeable to the parties; provided, however, that any shared use
by Landlord and/or its agents, lessees, permittees, or licensees
shall only be allowed provided such use (1) does not interfere
with Tenant's use of the Property and (2) does not compromises the
safety or structural integrity of the tower.
5. Non-Interference
The Tenant hereby agrees to provide to the Landlord a notice
of change in service, frequency, or type of antenna installed,
One Hundred Twenty (120) days in advance of any such change.
Tenant shall be responsible for coordinating and resolving any
interference problems with existing transmitters or receivers
owned by Landlord and operating and in place prior to the
commencement of this Lease. Landlord shall be responsible for
coordinating and resolving any interference problems which may
result from the Landlord placing, or allowing to be placed,
additional receivers or transmitters on the tower. The Landlord
reserves the right to approve change in service as deemed
necessary.
6 Assignment and Sub-Lease
This Lease may not be assigned or transferred, and the
Property may not be sublet, either in whole or in part, by Tenant
without Landlord's prior written consent; provided, however, that
this Lease may be assigned by Tenant to (1) any subsidiary or
affiliate of Sprint Cellular Company or (2) any company
succeeding Sprint Cellular Company by acquisition, merger,
consolidation, or corporate reorganization.
7. Repair and Maintenance
Tenant hereby agrees that during the term of this Lease, it
shall be responsible for maintenance and upkeep of the antenna
tower and appurtenant facilities and shall keep the Property in
good repair. Tenant shall be responsible for paying for all
utility services furnished to the leased property.
During the term of this Lease, Tenant shall have the right
for itself, its agents and employees to have access for ingress
and egress to the Property over the property of the Landlord in
order to operate, repair, and maintain the antenna tower and
appurtenant facilities.
8. Right of Entry to Repair
Landlord reserves the right for itself, its agents
employees, and assigns to enter upon the Property to make
repairs, alterations, or improvements; provided, however, that
such repairs, alterations, or improvements shall not unreasonably
interfere with Tenant's business operations. Such right to enter
shall also include the right to enter upon the Property for the
purpose of inspection.
9. Insurance
Tenant agrees to defend and hold harmless the Landlord, its
officers, employees, and agents from any and all claims arising
out of the construction and maintenance of said antenna tower,
unless due to the gross negligence or intentional misconduct of
Landlord. Tenant further agrees to maintain in full force and
effect during the entire term of this Lease policies of insurance
as follows:
A. Workers Compensation insurance as required by the
Commonwealth of Virginia.
B. Commercial General Liability insurance, including
products/completed operations coverage and contractual
liability coverage in an amount not less than
$1,000,000 Combined Single limits.
3
C. Automobile Liability insurance covering all vehicles
operated by the Tenant in the amount not less than
$1,000,000 CSL.
Certificates of insurance shall be provided to the Landlord prior
to beginning work under this Lease and current certificates shall
be provided to the Landlord during the entire term of this Lease.
Landlord reserves the right to modify the above stated insurance
requirements from time to time. Said right is required in order
to ensure insurance requirements are in compliance with the
Landlord's management policies/guidelines.
10. Damage or Destruction by Fire or Natural Causes
If during the term of this Lease, the antenna tower or
appurtenant facilities on the Property is destroyed by fire,
natural causes, or other casualty, or so damaged thereby that it
cannot be repaired with reasonable diligence within sixty (60)
days, the Tenant shall have the option to terminate this Lease,
by thirty (30) days notice or in the alternative may construct
and rebuild such tower and appurtenant facilities and this Lease
shall remain in full force and effect. However, if said tower
and appurtenant facilities can with reasonable diligence be
repaired within sixty (60) days, said buildings (i.e. the antenna
tower and appurtenant facilities) shall be repaired by Tenant as
quickly as is reasonably possible, and this Lease shall remain in
full force and effect.
11. Termination
It is understood and agreed that Tenant, provided Tenant shall
have well and truly paid the rent and faithfully performed all
the covenants and conditions herein contained, shall have the
privilege of canceling this Lease at the end of the twelve (12)
month period following execution of the Lease and at the end of
each successive twelve (12) month period thereafter, until the
Lease is otherwise terminated, by giving to Landlord at least
ninety (90) days previous notice in writing by registered mail of
the intention so to do, and thereupon the term of this Lease
shall wholly cease and expire by lapse of time, upon the date on
which Tenant has elected to cancel the Lease, as fully and
completely as if that date were the date herein distinctly fixed
for the expiration of the term, and Tenant shall forthwith vacate
the Property and surrender to Landlord the Property with all
buildings erected thereon and additions thereto; provided,
however, that if Landlord desires Tenant to remove its antenna
tower and appurtenant facilities from the Property, Tenant shall
do so within thirty (30) days of notice in writing from Landlord
at Tenant's sole expense.
It is further agreed that Landlord shall have the privilege
4
of canceling this Lease, should it sell, convey, assign, or
otherwise dispose of the Property, pursuant to Section 15.1-307
of the Code of Virginia. Such privilege shall be exercised by
giving to Tenant at least three (3) years previous notice in
writing by registered mail of the intention so to do. Upon such
termination by Landlord, Landlord may at its option, pay Tenant
an amount upon which the Parties agree equal to the fair market
value of the antenna tower, equipment building (including the
equipment located therein) , and appurtenant facilities, less
depreciation, or require Tenant to remove all or part of
facilities and restore leased area to pre-agreement condition.
It Landlord does not exercise its option to acquire the Equipment
for its fair market value, less depreciation, Tenant may, or at
Landlord's request shall, within thirty (30) days of notice in
writing from Landlord, enter onto the Property and disassemble
and remove the Equipment, and Landlord agrees to remove any of
its facilities from the tower so as to allow for the removal of
the Equipment.
If the parties are unable to agree on the fair market value of
the antenna tower and appurtenant facilities, less depreciation,
within thirty (30) days of Tenant's receipt of notice of
cancellation by Landlord, the parties shall jointly select an
appraiser who shall provide a written appraisal of the fair
market value of the antenna tower, equipment building (including
the equipment located therein), and appurtenant facilities, less
depreciation, which appraisal shall be binding on the parties,
and Landlord shall pay to Tenant the fair market value as shown
on the appraisal; provided, however, that Landlord may wait until
after such appraisal has been conducted before deciding whether
to exercise its option to acquire the Equipment.
12. Indemnity
Tenant shall be liable for any injury or death of person or
persons and for any loss of or damage to property of any kind,
whether belonging to Landlord or the public, caused by the
negligent acts or omissions of its agents, employees, or
invitees, or caused by Tenant's failure to perform property
maintenance, repairs, and replacements required to be performed
by him under this Lease.
Tenant shall indemnify and save Landlord harmless against
any and all liabilities, claims, demands, actions, costs, and
expenses which may be sustained by Landlord by reason of any of
the causes set forth herein.
Landlord shall be liable for any injury to or death of any
persons and for any loss of or damage to property caused by the
negligent acts or omissions of Landlord's agents, employees, or
invitees to the extent allowed by law.
13. Compliance with Applicable Laws and Regulations
Tenant agrees to strictly comply with and observe all
pertinent laws, ordinances, statutes, and regulations whatsoever,
of any governmental body or subdivision, incident to its
occupancy of the Property and his use thereof.
14. Notices
Any notice required or permitted by this Lease to be given
by either party to the other may be either personally delivered
or sent by registered mail, postage prepaid, deposited, and
properly addressed, in the U.S. Post Office, the date of such
depositing being taken as the date of giving such notice.
All notices required by this Lease, unless otherwise
designated in writing shall be given to:
Tenant: Keith D. Pazlusch. Vice President
Sprint Cellular Company
8725 W. Higgins Road
Chicago, Illinois 60681
Landlord: James C. Lawson
City Real Estate Agent
Room 300
Operations Building
Municipal Center
Virginia Beach, Virginia 23456
15. Performance and Payment Bonds
The Tenant further agrees that Tenant will, within ten (10)
days from the date of this Lease, furnish and file with the
Landlord, with such sureties as the Landlord may approve, bonds
for the faithful performance of its obligations hereunder and for
the payment of all persons performing labor and furnishing
material in connection with the construction of the antenna tower
and appurtenant facilities, each bond to be in an amount equal to
the total cost of construction. These bonds shall include the
one (1) year guarantee period following the acceptance of the
work, by Landlord. The bonds are to be made payable to the
"Treasurer, City of Virginia Beach, Virginia."
16. Termination by Landlord
If Tenant shall fail to pay any rent to Landlord when such
rent is due and payable under the terms of this Lease, and such
default shall continue for a period of twenty (20) days after
written notice thereof has been given to Tenant by Landlord, or
if Tenant shall fail to perform any other duty or obligation
imposed upon him by the terms of this Lease, and such default
shall continue for a period of thirty (30) days after written
notice of such default has been give to Tenant by Landlord, or if
Tenant shall be adjudged bankrupt, or make a general assignment
for the benefit of its creditors, or if a receiver of any
property of Tenant in or upon the Property be appointed in any
action, suit, or proceeding by or against Tenant and such
appointment shall not be vacated or annulled within sixty (60)
days, or if the interest of Tenant in the Property shall be sold
under execution or other legal. process, then and in any such
event Landlord shall have, in addition to any other rights and
remedies to which he may be entitled, the right to enter upon the
Property and again have, repossess and enjoy the same as if this
Lease had not been made, and thereupon this Lease shall terminate
without prejudice, however, to the right of Landlord to recover
from Tenant all rent due under this Lease. In the event of any
such default and re-entry, Landlord shall have the right at its
election to re-let the Property for the remainder of the then
existing term whether such term be the initial term or any
renewed or extended term, for the highest rent then obtainable,
and to recover from Tenant the difference between the rent
payable pursuant to this Lease and the rent obtained through such
re-letting less the costs and expenses reasonably incurred by
Landlord in such re-letting.
17. Entire Agreement
This Lease represents the entire understanding between the
parties, and there are no collateral or oral agreements or
understandings, and this Lease shall not be modified unless in
writing of equal dignity signed by both parties.
18. Contingencies
This Lease, and all rights, duties, and obligations of the
Tenant shall be and are expressly contingent upon Tenant's
securing the requisite approval of the Federal Aviation
Administration (FAA) for the construction and operation of an
approximately 130-foot tower and related appurtenances (including
fencing and an equipment building). This Lease is further
contingent upon Tenant obtaining all other Federal, State, and
local permits necessary for the erection of said tower and the
conduct of its operations.
It is agreed that all of the terms and conditions of this
Lease are binding upon the parties hereto, their successors and
assigns, unless otherwise specified herein.
In witness whereof, the parties have executed this Lease
this day of 199 .
ij
CITY OF VIRGINIA BEACH
7
By
city manager/Authorized
Designee of the city Manager
(SEAL)
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
City Rea Estate Agent
APPROVED AS TO FORM:
Assistant ity Attorney
By
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
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE
CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose
name is signed to the foregoing Agreement bearing date on the
day of 19-, has acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this day of , 19 .
o ary Public
My Commission Expires:
STATE OF VIRGINIA
15 -
Item II-J.2.
CONSENT AGENDA ITEM # 37549
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to APPROPRIATE $500,000 re continuation of ultra low-
flush toilet replacement rebate program to be funded thru the Water and
Sewer fund.
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, James W Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera F. Oberndorf, Nanc-il K. I'arker and Vice Mayor
William D. 5essotm, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
None
January 4, 1994
I AN ORDINANCE TO APPROPRIATE $500,000 TO CONTINUE
2 THE ULTRA LOW-FLUSH TOILET REPLACEMENT REBATE PROGRAM
3 WHEREAS, on February 11, 1992 the City of Virginia Beach
4 established an interim program for the conservation of its public
5 water supply pending completion of the Lake Gaston Project;
6 WHEREAS, on July 1, 1993, as part of the above program, the
7 Department of Public Utilities initiated a rebate program for the
8 purpose of providing financial incentives for its water customers
9 to replace less efficient toilets with ultra low-flush (ULF)
10 models;
11 WHEREAS, the rebate program has been more successful than
12 originally anticipated;
13 WHEREAS, the Council of the City of Virginia Beach desires to
14 continue the rebate program;
15 WHEREAS, Retained Earnings in the Water and Sewer Fund are
16 sufficient to fund the continuance of this program;
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 That appropriations within the water and Sewer Fund will be
20 increased by $500,000 in order to continue the ULF Toilet
21 Replacement Rebate Program, and will be funded by Retained Earnings
22 within the Water and Sewer Fund.
23 This ordinance shall be effective on the date of adoption,
24 Adopted by the Council of the City of Virginia Beach, Virginia
25 on the Fourth day of January, 1994.
APPROVED AS TO CONTEN r
Walter (,. Kra
@)eol @tManaqementar@dB,j(in,@i
- 16 -
Item II-J.3.
CONSENT AGENDA ITEM # 37550
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $1,500 from a Virginia
Department of Motor Vehicle (VDOT) grant re purchase of notebook
computer for the Motor Carrier Safety Inspections Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Naiicy K I'arker and rice Mayor
William D. 5essoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
None
January 4, 1994
AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,500 FROM A COMMONWEALTH OF
VIRGINIA DEPARTMENT OF MOTOR VEHICLE GRANT TO PURCHASE A NOTEBOOK
COMPUTER FOR THE MOTOR CARRIER SAFETY INSPECTIONS PROGRAM
I WHEREAS, the Police Department applied for and received A "mini-grant" from the
2 Commonwealth of Virginia Department of Motor Vehicles to purchase a portable computer to
3 enhance the City's inspection of motor carriers by allowing the inspector on the scene to know if
4 the carrier has had previous violations and if stronger enforcement is warranted;
5 WHEREAS, funds from this grant is provided to the City on a reimbursement basis;
6
7 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA, that the grant from the ConirTionwealth of Virginia Department of
9 Motor Vehicles in the amount of $1,500 be accepted and appropriated for the purpose of
1 0 purchasing a portable notebook computer to enhance the inspection of motor carriers within the
1 1 City.
1 2
1 3 BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth in the
1 4 FY 1993-94 Operating Budget be increased by $1,500.
1 5 Adopted by the City Council of the City of Virginia Beach on Fourth day of
16 January, 1994.
- 17 -
Item II-J.4.
CONSENT AGENDA ITEM # 37551
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $4,516.53. upon
application of certain persons and upon certification of the City
Treasurer for Payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, I'aul J. Larticigrie, John D.
Moss, Mayor Meyera E. Oberri(if)rf, Naiic @ K. lurker and Vice May(@r
grilliam D. ';essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Non e
January 4, 1994
ORM NO. C.A. 7 121 16/ 93 EMC
(Page I of 2)
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CEFTTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D a!e Penalty I nt. Total
Year of Tax Number tion No. Paid
James L & Nannie P Owens 93 RE(1/2) 87469-9 12/2/92 3.27
James L & Nannie P Owens 93 RE(2/2) 87469-9 6/5/93 3.96
Kevin W Suggs 93 RE(2/2) 40419-9 6/5/93 38.14
Rodney L Mills 91 RE(1/2) 77129-4 11/7/90 131.58
Rodney L Mills 91 RE(2/2) 77129-4 5/9/91 131.58
Rodney L Mills 92 RE(1/2) 77778-7 11/8/91 138.97
Rodney L Mills 92 RE(2/2) 77778-7 5/13/92 138.97
Sally J Bonney 91 RE(1/2) 10904-6 11/27/90 131.58
Sally J Bonney 91 RE(2/2) 10904-6 5/29/91 131.58
Sally J Bonney 92 RE(1/2) 10856-3 12/3/91 138.97
Sally J Bonney 92 RE(2/2) 10856-3 6/2/92 138.97
Letie D Cooper 91 RE(1/2) 23594-4 11/30/90 131.58
Letie D Cooper 91 RE(2/2) 23594-4 5/31/91 131.58
Letie D Cooper 92 RE(1/2) 23714-8 11/19/91 138.97
Letie D Cooper 92 RE(2/2) 23714-8 5/18/92 138.97
John O & Emmie Fairchild 91 RE(1/2) 34882-2 12/5/90 65.79
John O & Emmie Fairchild 91 RE(2/2) 34882-2 6/5/91 65.79
John O & Emmie Fairchild 91 RE(1/2) 34881-3 12/5/90 65.79
John O & Emmie Fairchild 91 RE(2/2) 34881-3 6/5/91 65,79
John O & Emmie Fairchild 92 RE(1/2) 35102-2 12/3/91 69.49
John O & Emmie Fairchild 92 RE(2/2) 35102-2 6/4/92 69.49
John O & Emmie Fairchild 92 RE(1/2) 35101-3 12/3/91 69.49
John O & Emmie Fairchild 92 RE(2/2) 35101-3 6/4/92 69.49
Bruce B Jr & Shirley Baxter 91 RE(1/2) 7003-2 12/5/90 98.68
Bruce B Jr & Shirley Baxter 91 RE(2/2) 7003-2 6/5/91 98.68
Bruce B Jr & Shirley Baxter 92 RE(1/2) 6944-5 12/5/91 104.23
Bruce B Jr & Shirley Baxter 92 RE(2/2) 6944-5 6/4/92 104.23
Walter C Jr & Mary Johnson 91 RE(1/2) 57842-2 12/4/90 139.32
Walter C Jr & Mary Johnson 91 RE(2/2) 57842-2 5/29/91 139.32
Walter C Jr & Mary Johnson 92 RE(1/2) 58317-5 12/5/91 147.15
Walter C Jr & Mary Johnson 92 RE(2/2) 58317-5 5/27/92 147.15
Jimmy K Wong 91 RE(1/2) 126147-7 12/5/90 154.80
Jimmy K Wong 91 RE(2/2) 126147-7 6/5/91 154.80
Jimmy K Wong 92 RE(1/2) 126980-6 12/4/91 163.50
Jimmy K Wong 92 RE(2/2) 126980-6 6/5/92 163.50
John F Verdolotti Jr 91 RE(1/2) 118293-6 11/26/90 12.90
John F Verdolotti Jr 91 RE(2/2) 118293-6 6/5/91 12.90
John F Verdolotti Jr 92 RE(1/2) 118864-4 11/26/91 13.62
John F Verdolotti Jr 92 RE(2/2) 118864-4 6/5/92 13.62
John F Verdolotti Jr 93 RE(1/2) 119897-2 11/24/92 13.62
John F Verdolotti Jr 93 RE(2/2) l19897-2 5/29/93 13.62
(Continued on Page 2)
This ordinance shall be effective from date of adoption.
The above abatements totaling
were approved by
the Council of the City of Virginia
Beach on the day of
Approved as to form:
Ruth Hodges Smith
City Clerk
L l@i e
FORM NO, C.A. 7 121 16/93 EMC
(Page 2 of 2)
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!e Penalty lnt. Total
Y ear of Tax Number tion No. p aid
Paul E & Edna Winfield 91 RE(1/2) 125562-5 11/8/90 131.58
Paul E & Edna Winfield 91 RE(2/2) 125562-5 5/14/91 131.58
Paul E & Edna Winfield 92 RE(1/2) 126409-9 11/7/91 138.97
Paul E & Edna Winfield 92 RE(2/2) 126409-9 5/13/92 138.97
Katherine D Ward N/A Pkng 394127 (Norfolk) 10/7/93 50.00
Myra Plummer N/A Pkng 396691 11/2/93 10.00
Betty Sargent N/A Pkng 435670 8/20/93 10.00
Total 4,516.53
This ordinance shall be effective from date of adoption.
The above abatements totaling
$4,516.53 were approved by
the Council of the City of Virginia
Beach on the 4 day of January, 1994
Approved as to form:
Ruth Hodges Smith
City Clerk
es L Lilley City
- 18 -
Item II-K
PUBLIC HEARING ITEM # 37552
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on.
PLANNING
1.
(a) GAIL M. LEVINE AND WILLIAM M. DRAGAS CHANGES OF ZONING
(b) INDIAN RIVER PLANTATION, INC., AND CHANGES OF ZONING
INDIAN RIVER COUNTRY CLUB ESTATES, LP.
(c) INDIAN RIVER PLANTATION, INC, INDIAN RIVER VARIANCE
COUNTRY CLUB ESTATES, LP, ROBERT F. RIPLEY AND CHANGE OF ZONING
THOMAS VANCE CONDITIONAL USE PERMIT
(d) COLUMBUS CENTER ASSOCIATES STPEET CLOSURE
January 4, 1994
25 -
Item II-K.l.c.
PUBLIC HEARING ITEM # 37554 (Continued)
PLANNING
The following conditions shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
2. Minimum lot size of twenty thousand (20,000) square feet.
3. Total number of lots not to exceed two hundred thirty-one
(231).
4. The City Staff shall determine disposition of the remaining
fifty-three (53) acres: City of Virginia Beach, Nature
Conservancy or the Homeowners' Association.
AND, ALLOWED WITHDRAWAL
ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION,
INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P. ROBERT F.
RIPLEY AND THOMAS VANCE FOR A CONDITIONAL USE PERMIT
FOR AN OPEN SPACE PROMOTION
Ordinance upon application of Indian River Plantation, Inc., Indian River
Country Club Estates, L.P., Robert F. Ripley and Thomas Vance for a
Conditional Use Permit for an Open Space Promotion on certain
property located at the northwest intersection of Indian River Road and
West Neck Road. Said parcel contains 279.2 acres. PRINCESS ANNE
BOROUGH.
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth of January, Nineteen
Hundred and Ninety-Four.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Linwood 0. I@raitch, 111, James W. Brazier, lr., Robert W.
Clyburn, Louis R. Jones, I'aul J. l,anteig;ic (iiici l@ic(, Mai,or William D.
Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John 1). Moss, Mavor Altl@t,rti 1, Ol?(,riidorf and Nancy
K Parker
Council Members Absent:
None
Item II-K.I.b. and II-K.I.c. were voted upon together
January 4, 1994
- 24 -
Item II-K.1.c.
PUBLIC HEARING ITEM # 37554 (Continued)
PLANNING
Tuck Bowie, 1709 Oxen Court, Phone 340-0322, represented the applicant
A motion was made by Councilman Dean, seconded by Concilman Moss to DENY Ordinances upon
application of INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES,
L.P., ROBERT F. RIPLEY and THOMAS VANCE for a Variance to Section 4.4(b) of the Subdivision
Ordinance which requires lots created by subdivision must meet all requirements of the City Zoning
Ordinance, for a Conditional Change of Zoning and a Conditional Use Permit:
Upon SUBSTITUTE MOTION by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council
ADOPTED Ordinances upon application of INDIAN RIVER PLANTATION, INC. INDIAN RIVER
COUNTRY CLUB ESTATES, L.P., ROBERT F. RIPLEY and THOMAS VANCE for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision must meet all
requirements of the City Zoning Ordinance and for a Conditional Change of Zoning and ALLOWED
WITHDRAWAL of a Conditional Use Permit:
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Indian River
Plantation, Inc., Indian River Country Club Estates, L.P., Robert F.
Ripley and Thomas Vance. Property is located at the northwest
intersection of Indian River Road and West Neck Road. PRINCESS ANNE
BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION,
INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., THOMAS
VANCE AND ROBERT RIPLEY FOR A CONDITIONAL CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-40 TO R-20
Z01941407
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Indian River Plantation, Inc., Indian River
Country Club Estates, L.P., Thomas Vance and Robert Ripley for a
Conditional Chage of Zoning District Classification from R-40
Residential District to R-20 Residential District on the following parcels:
Parcel 1: Located on the north side of Indian River Road beginning at
a point 2300 feet more or less west of West Neck Road.
Parcel 2: Located 1700 feet north of Indian River beginning at
a point 1150 feet more or less west of West Neck Road.
Parcel 3: Located on the north side of Indian River Road beginnaing at a
point 5800 feet more or less west of West Neck Road.
The proposed zoning classification change to R-20 is for single family
residential land use at a density no greater than 1.7 dwelling units per
acre. The Comprehensive Plan recommends use of this parcel for
agricultural land use. Said parcels contain 98.8 acres. PRINCESS ANNE
BOROUGH.
January 4, 1994
- 23
Item II-K.1.b.
PUBLIC HEARING ITEM # 37554 (Continued)
PLANNING
The following conditions shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
2. Minimum lot size of twenty thousand (20,000) square feet.
3. Total number of lots not to exceed two hundred thirty-one
(231).
4. The City Staff shall determine disposition of the remaining
fifty-three (53) acres: City of Virginia Beach, Nature
Conservancy or the Homeowners' Association.
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth of January, Nineteen
Hundred and Ninety-Four.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice May(ir William D.
Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy
K Parker
Council Members Absent:
Non e
Item H-K.I.b. and II-K.I.c. were voted upon together
January 4, 7994
- 22 -
PUBLIC HEARING ITEM # 37554 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION,
INC. AND INDIAN RIVER COUNTRY CLUB ESTATES, L.P., FOR A
CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-2 TO R-20 Z01941406
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Indian River Plantation and Indian River
Country Club Estates, L.P., for a Conditional Change of Zoning District
Classification from AG-2 Agricultural District to R-20 Residential
District on the following parceld:
Parcel 1: Located at the northwest intersection of Indian River Road and
West Neck Road.
Parcel 2: Located 1200 feet North of Indian River Road beginning at a
point 1650 feet more or less West of West Neck Road.
Parcel 3: Located 2880 feet more or less West of the intersection of
Indian River Road and West Neck Road.
Parcel 4: Located 680 feet North of Indian River Road beginning at a
point 2750 feet more or less West of West Neck Road.
Parcel 5: Located 2400 feet more or less North of Indian River Road
beginning at a point 3400 feet more or less West of West Neck Road.
Parcel 6: Located 1250 feet North of Indian River Road beginning at a
point 3800 feet more or less West of West Neck Road.
Parcel 7: Located 1350 feet North of Indian River Road beginning at a
point 5320 feet West of West Neck Road.
The proposed zoning classification change to R-20 is for single family
residential land use at a density no greater than 1.7 dwelling units per
acre. The Comprehensive Plan recommends use of these parcels for
agricultural land use. Said parcels contain 117.1 acres. PRINCESS
ANNE BOROUGH.
January 4, 1994
- 21 -
Item II-K.1.b.
PUBLIC HEARING ITEM # 37554
PLANNING
Tuck Bowie, 1709 Oxen Court, Phone: 340-0322, represented the applicant
A motion was made by Councilman Dean, seconded by Councilman Moss to DENY Ordinances upon
application of INDIAN RIVER PLANTATION, INC. and INDIAN RIVER COUNTRY CLUB
ESTATES, L.P. for Conditional Change of Zoning District Classifications.
Upon SUBSTITUTE MOTION by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council
ADOPTED Ordinances upon application of INDIAN RIVER PLANTATION, INC. and INDIAN RIVER
COUNTRY CLUB ESTATES, L.P. for Conditional Change of Zoning District Classifications.
ORDINANCES UPON APPLICATION OF INDIAN RIVER
PLANTATION, INC. AND INDIAN RIVER COUNTRY CLUB ESTATES,
L.P., FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 TO R-20 Z01941405
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Indian River Plantation, Inc., and Indian
River Country Club Estates, L.P., for a Conditional Change of Zoning
District Classification from AG-1 Agricultural District to R-20
Residential District on the following parcels:
Parcel 1: Located 650 feet north of Indian River Road beginning at a
point 600 feet more or less west of West Neck Road.
Parcel 2: Located 1400 feet north of Indian River Road beginning at a
point 1200 feet more or less west of West Neck Road.
Parcel 3: Located 1000 feet north of Indian River Road beginning at a
point 2100 feet more or less west of West Neck Road.
Parcel 4: Located 600 feet north of Indian River Road beginning at a
point 2800 feet more or less west of West Neck Road.
Parcel 5: Located 1360 feet north of Indian River Road beginning at a
point 5050 feet more or less west of West Neck Road.
The proposed zoning classification change to R-20 is for single family
residential use at a density no greater than 1.7 dwelling units per acre.
The Comprehensive Plan recommends use of these parcels for
agricultural land use. Said parcels contain 63.3 acres. PRINCESS ANNE
BOROUGH.
AND,
January 4, 1994
- 20 -
Item II-K.1.a.
PUBLIC HEARING ITEM # 37553 (Continued)
PLANNING
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth of January, Nineteen
Hundred and Ninety-Four.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, I'aul f Lanteigne and @ice
Mayor William D. .5cssoms, Jr.
Council Members Voting Nay:
John D. Moss, Mayor Meyera L. Oberndorf and Vaiicy K. Iarker
Council Members Absent:
None
January 4, 1994
19 -
em
PUBLIC HEARING ITEM # 37553
PLANNING
The following spoke in SUPPORT of the application:
Gale Levine, 2100 Marina Shores Drive, Phone: 496-7000, represented the applicant and advised there
will be a total of 182 units comprising both pieces of property and reducing the current density by one-
third.
William Dragas, 1009 Windsor Road, Phone: 496-3200
Daniel E Creedon, Phone: 496-89l4, President of the Cape Henry Civic Association
Gary Forest, President of the Cape Story by the Sea Civic League
Ihe following spoke in OPPOSITION:
Les Fenlon, 2224 Scallop Road, Phone: 481-2501, represented the Great Neck Association of Civic
Leagues
Bill Buono, 3109 Lynnhaven Drive, Phone: 481-1740, represented the Lynnhaven Colony Civic League
Upon motion by Councilman Brazier, seconded by Vice Mayor Sesoms, City Council ADOPTED
Ordinances upon application of GAIL M. LEVINE & WILLIAM M. DRAGAS for Changes of Zoning
District Classification:
ORDINANCE UPON APPLICATION OF GAIL M. LEVINE & WILLLAM
M. DRAGAS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 TO A-18 Z01941403
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Gail M. Levine & William M. Dragas for
a Change of Zoning District Classification from B-2 Community
Business District to A-18 Apartment District on certain property located
at the northwest corner of North Great Neck Road and Lynnhaven Drive.
The proposed zoning classification change to A-18 is for multi-family
residential land use at a density no greater than 18 dwelling units per
acre. The Comprehensive Plan recommends use of this parcel for
retail/service use in accordance with other plan policies. Said parcel
contains 12 acres more or less. LYNNHAVEN BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF GAIL M. LEVINE & WILLIAM
M. DRAGAS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FOR A PD-H2 OVERLAY Z01941404
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Gail M. Levine & Willaim M. Dragas for
a Change of Zoning District Classification for a PD-H2 Overlay on
certain property located at the northwest and southwest intersections of
North Great Neck Roadand Lynnhaven Drive. The proposed zoning
classification change PD-H2 is for planned unit development land use
at a density based on underlying zoning. The Comprehensive Plan
recommends use of this parcel for urban high density residential at
densities that are compatible with multi-family and retail/service uses in
accordance with other Plan policies. Said parcels contain acres more
or less. LYNNHAVEN BOROUGH
January 4, 1994
FOR" NO. P.$. to
lWrER-OFFTCE CORRESPONVE14CE
In RMly Refer To Our File go. DF3477
DATE: December 28, 1993
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress DEPT: City Attorney
RE: Indian River Plantation, Inc. - Proffer Agreement
Council Action Date: January 4, 1993
The enclosed proffer agreement, submitted by the referenced
applicant, is acceptable as to legal form.
In proffer number 6 the applicant has agreed to dedicate
property and cash for roadway improvements. The pertinent state
statutes provide that the conveyance of the dedicated property may
not be made until the proposed improvements have been programmed in
the City's 5-year C.I.P. The agreement states that if the Indian
River Road improvements have not been programmed in the 5-year
C.I.P. as of the date of approval of the subdivision plat, the
owner will execute an agreement, acceptable to the City Attorney,
to assure that the dedication will be so made when the improvements
are included in the 5-year C.I.P. This provision is sufficient to
assure the future conveyance of the property when needed.
Additionally, as to the proffer of cash payments for other road
improvements, the agreement provides that if the City does not
utilize the funds for such improvements within 20 years, then the
funds shall be used to offset educational expenses generated by the
proposed development. Thus, the City will not have to return the
funds in the event that the roadway improvements are not programmed
in the C.I.P.
GLF/rab
Enclosure
INDIAN RIVER PLANTATION, INC.,
a Virginia corporation
INDIAN RIVER COUNTRY CLUB ESTATES, L.P.
a Virginia limited partnership
THOMAS G. VANCE
ROBERT F. RIPLEY, JR.
TO: (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH
a Municipal corporation of the
Commonwealth of Virginia
THIS AGREEMENT, made this 16th day of December, 1993, by and between
INDIAN RIVER PLANTATION, INC., a Virginia corporation, INDIAN RIVER
COUNTRY CLUB ESTATES, L.P., a Virginia limited partnership, THOMAS G.
VANCE, and ROBERT F. RIPLEY, JR., (the "Grantors"), on of the one part, and CITY
OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia
(the "Grantee"), of the other part.
WITNESSETH:
WHEREAS, the Grantors have initiated an amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition of the Grantors addressed to the
Grantee, so as to rezone the Grantors' property from R-40 Residential Districts and
1
AG-1 and AG-2 Agricultural Districts to R-20 (conditional) Residential District, on
certain property located at the Northwest corner of the intersection of Indian River
Road and West Neck Road, containing 279.2 acres, more or less, in Princess Anne
Borough, in the City of Virginia Beach, Virginia; said property being referred to
hereinafter as the "Property", more particularly described in Exhibit A attached hereto
and incorporated herein.
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for residential use through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that in order to recognize the effects of
change, and the need for various types of uses, certain reasonable conditions governing
the use of the Property for the protection of the community that are not generally
applicable to land in a Residential Zoned classification are needed to cope with the
situation which the Grantors' proposed development gives rise to; and
WHEREAS, the Grantors have voluntarily proffered in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the
Residential Zoning district or zone by the existing overall zoning ordinances, the
following reasonable conditions related to the physical development and operation of
2
the property to be adopted as a part of said amendment to the new Zoning Map
relative to the property described above, which have a reasonable relation to the
rezoning and the need for which is generated by the rezoning and proposed
development; and
WHEREAS, said conditions having been proffered by the Grantors and allowed
and accepted by the Grantee as part of the amendment to the zoning ordinance, such
conditions shall continue in full force and effect until a subsequent amendment
changes the zoning on the Property covered by such conditions; provided, however,
that such conditions shall continue despite a subsequent amendment if the subsequent
amendment is part of a comprehensive implementation of a new or substantially
revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are
amended or varied by written instrument recorded in the Clerk's office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
subject property at the time of recordation of such instrument; provided, further, that
said instrument is consented to be the Grantee in writing as evidenced by a certified
copy of an ordinance or a resolution adopted by the governing body of the Grantee,
after a public hearing before the Grantee advertised pursuant to the provisions of the
Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be
recorded along with said instrument as conslusive evidence of such consent.
3
WHEREAS, only as to the property described in this Agreement, the
covenants, conditions and restrictions set forth herein supersede in their entirety those
set forth in those certain instruments duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Deed Book 2979, at page 1379, and
Deed Book 3108, at page 526.
NOW, THEREFORE, the Grantors, for themselves, thier assigns, grantees, and
other successors in title or interest, voluntarily and without any requirement by or
execution from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and
restrictions as to the physical development and operation of the subject property and
governing the use thereof and hereby covenants and agree that this declaration shall
constitute covenants running with the said Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their
heirs, personal representatives, assigns, grantees and other successors in interest or
title, namely:
1. The Grantors agree to develop the property substantially in conformity
with the Land Use Plans entitled "CONCEPTUAL DEVELOPMENT OF INDIAN
RIVER PLANTATION", dated October 29, 1993, and revised December 13, 1993.
which said plans have been exhibited to the City Council and are on file in the
Department of Planning.
2. Grantor agrees to develop a building envelope plan, acceptable to the City
Planning Department for those lots designated as "C" located within the wood line of
the subject property as shown on proffered site plan.
3. The Grantors agree to develop a comprehensive stormwater
management/open space protection plan upon approval by the City of Virginia Beach,
and prior to final plat recordation to include the following elements:
(a) A description of the existing environmental hydrological
conditions of the site and receiving water,
(b) Delineation of non-tidal wetlands (if present) subject to approval
by the Corps of Engineers;
(c) Changes in topography resulting from construction;
(d) Protection of critical edge habitat if present;
5
(e) Identification of areas which support rare and endangered species
and their habitat areas in accordance with information provided by the U.S.
Fish and Wildlife Service and the Virginia Department of Conservation and
Recreation;
(f) Location of regional Best Management Practice facilities.
4. The Grantors agree to provide a 50 foot buffer strip in the rear of all
residential lots which abut existing agricultural areas. These buffers will be
constructed with the first 25 feet of such area adjacent to an agricultural operation
shall be planted to develop a grassed area. The second 25 feet of such area shall be
planted with a mixture of deciduous and evergreen trees of the seedling variety and
placed in three rows on 10 foot centers. Assistance and recommendations in the
creation of this forested buffer will be sought from the City of Virginia Beach and the
Virginia Department of Forestry. In addition to the above a pedestrian walkway shall
be integrated into the buffer area; as depicted on the site plan. The Buffer/Walkway
shall be described in lot deed restrictions and be maintained by the Homeowner's
Association.
5. The Grantors further agree to provide the same buffer strip as described
in Proffer 4 along the residential lot frontage that abuts Indian River Road and West
6
Neck Road and in those internal areas as designated on the said Conceptual
Development Plan.
The development of these buffer areas, however shall be reversed with the first
25 feet adjacent to the lots being planted and developed into a grass area and the 25
feet adjacent to the roads shall be planted with a mixture of deciduous and evergreen
trees of the seedling variety and placed on 10 foot centers.
6. The Grantor recognizes that the subject site is located within the limits
of Transitional Area II identified in the Comprehensive Plan of the City of Virginia
Beach, adopted by City Council on March 5, 1991. The Comprehensive Plan states
that all development within Transitional Area II shall pay its pro rata share of all
needed capital improvements. Grantor agrees to pay their pro rata share subject to the
following:
(a) Grantor will make payments on a residential lot basis
(hereinafter per unit pro rata cost). As of the permitted commencement date for
platting of residential lots (January 1, 1994), the per unit pro rata cost will be
$1,675.00.
Grantor recognizes that the per unit pro rata cost will be paid
over a period of years and therefore inflation must be considered. In that regard,
Grantor agrees to pay the per unit costs according to the following schedule:
7
Time Period Per Unit Cost
(Payment per
residential lot)
January 1, 1994 - December 31, 1994 $1,675.00
January 1, 1995 - December 31, 1995 1,723.25
January 1, 1996 - December 31, 1996 1,777.00
January 1, 1997 - Decembcr 31, 1997 1,830.31
January 1, 1998 - December 31, 1998 1,885.22
January 1, 1999 - December 31, 1999 1,941.77
January 1, 2000 - December 31, 2000 2,000.02
January 1, 2001 - December 31, 2001 2,060.02
January 1, 2002 - December 31, 2002 2,121.82
Any payment made after December 31, 2002 will continue to
increase by three (3) percent annually.
(b) Grantor agrees to make payment for each residential lot shown
on any subdivision plat prior to recordation of that plat.
(c) All payments will be made to the Planning Department payable
to the City Treasurer.
(d) The Grantors agree to dedicate a maximum of 33 feet from the
existing Indian River Road right-of-way (30 foot) along the frontage of the subject
sites adjacent to Indian River Road to allow for an ultimate 96 foot right-of-way for
Indian River Road in accordance with the City Master Street Highway Plan dated
April 28, 1992. The right-of-way dedication will be made prior to or concurrent with
the recordation of the first subdivision plat. In the event that the road improvements
contemplated in this proffer have not been included in the Citt's 5-year CIP at the
time of the site plan or subdivision approval, the Grantors agree to execute an
appropriate agreement, in form acceptable to the City Attorney, to assure that such
dedications will be conveyed to the City upon the inclusion of said projects in the CIP.
If the property and/or improvements proffered by the Grantors in this paragraph are
not used by the Grantee anytime within the next 20 years for the purpose for which
they are proffered, then such property and/or any funds paid and unused may be used
by the City of Virginia Beach for any other public purpose.
(e) All funds collected will be utilized by the Grantee to offset
right-of-way acquisition and improvement costs for the construction of the 150-foot
major arterial shown on the Grantee's Master Site and Highway Plan. In the event
that the 150-foot major arterial has not been included in the City's 5 Year Capital
Improvement Program, the Grantee, at its discretion, may apply said funds to any
other roadway in the 5 Year Capital Improvement Program in or adjacent to Transition
Areas I or II. If the Grantee does not proceed with the construction of any Capital
Improvement Program road project for which the funds have been collected within 20
years, all funds shall be applied to educational expenses generated by the proposed
development.
(f) The Grantor recognizes that the payment of pro rata share costs
does not eliminate other required fees normally associated with development process.
7. Prior to development of the Property, the Grantors shall install (or bond,
if appropriate) at its own expense an on-site roadway system as may be reasonably
9
required to meet the demands created by this development without cost to the Grantee.
The Grantor further agrees to provide the following offsite roadway and traffic
improvements at Grantor's own expense to include the following:
Intersection of West Neck Road and Indian River Road
A. West Neck Road
Southbound (1 right turn lane, 1 through lane, 1 left turn lane)
Northbound (1 left turn lane, 1 combination through/right turn lane)
B. Indian River Road
Both approaches (1 left turn lane, 1 combination through/right turn lane)
Grantor agrees that these improvements will be completed, or bonded if
appropriate, prior to the recordation of the last residential lot in the subject site or
December 31, 2002, whichever comes first.
8. The Grantors agree to embellish all entrances to the development with
landscaping and low monument style signage treatment.
It is recognized that further conditions may be required during the
administration of applicable City ordinances and that there will be detailed site plan
review to meet all applicable City codes, and that further conditions may be required
during the administration of applicable City ordinances.
10
All references hereinabove to requirements and regulations applicable
thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach,
Virginia, in force as of May 28, 1993, which is by this reference incorporated herein.
The Grantors covenant and agree that (1) the Zoning Administrator of
the City of Virginia Beach, Virginia, shall be vested with all necessary authority on
behalf of the governing body of the City of Virginia Beach, Virginia, to administer
and enforce the foregoing conditions, including (i) the ordering in writing of the
remedying of any noncompliance with such conditions and (ii) the bringing of legal
action or suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
(3) if aggrieved by any decision of the Zoning Administrator pursuant to the
provisions, the Grantors shall petition to the governing body for review thereof prior to
instituting proceedings in court; and (4) the Zoning Map may show by an appropriate
symbol on the map the existence of conditions attaching to the zoning of the subject
property on the map and that the ordinance and the conditions may be made readily
available and accessible for public inspection in the office of the Zoning Administrator
and in the Planning Department and that they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name
of the Grantors and Grantee.
WITNESS the following signatures:
INDIAN RIVER PLANTATION, INC.
a Virginia corporation
BY -
Presi@
INDL,KN COUNTRY CLUB
ESTATES, L.P.
BY: INDIAN RRVER FARMS, INC.,
a Virginia corporafion,
General Partner
Presi
le)iJr.
12
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Lisa A. DAiley, a Notary Public for the State
of Virginia, do hereby certify that Thomas C. Broyles, President of Indian River
Plantation, Inc., as Virginia corporation, and President of Indian River Farms, Inc., a
Virginia corporation, on behalf of the corporations, and whose name is signed to the
foregoing instrument bearing date on the 16th day of December, 1993, has
acknowledged the same before me in the City and State aforesaid.
Notary Public
My romnission expires: (O t 7
STATE OF VIRGINIA
CITY/COUNTY OF VIRGINIA BEACH, to-wit:
I, Lisa A. Dailey, a Notary Public for the State
of Texas, do hereby certify that Thomas G. Vance, whose name is signed to the
foregoing instrument bearing date on the 16th day of December, 1993, has
acknowledged the same before me in the City and State aforesaid.
My commission expires: (n 1 -3e@ IC/ -7 Notajy Pub
13
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Lisa A. Dailey, a Notary Public for the State
of Texas, do hereby certify that Robert F. Ripley, Jr., whos name is signed to the
foregoing instrument bearing date on the 16th day of December, 1993, has
acknowledged the same before me in my City and State aforesaid.
Notary Public
My commission expires: 6/30/97
14
EXHIBIT A
PARCEL ONE
ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach,
Virginia, and being known, numbered and designated as Parcel "C", on that certain
plat entitled "Subdivision Plat of Parcel C, Britt Farm, December 13, 1988, Princess
Anne Borough, Virginia Beach, Va." made by Talbot & Associates, Ltd., Architects,
Engineers, planners, Surveyers, Landscape Architects, said Parcel "C" containing
sixteen (16) acres, which said plat is recorded with the Deed of Exchange dated
December 20, 1988, between May Ellen Britt and others, recorded in the, clerk's
office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
2800, at page 1866.
PARCEL IWO
ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of
Virginia Beach, Virginia, shown on that certain plat entitled "BOUNDARY SURVEY
OF ROSS PROPERTY FOR VIRGINIA LAND INVESTMENT ASSOC. #6", made
by Talbot & Associates, Ltd., and recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, herewith and bounded and described as
follows:
BEGINNING at a point marked by an axle which constitutes the westernmost point of
the property hereby conveyed as shown on the aforesaid plat, and from said point of
beginning, running N 49° 55' 8" E 637.40 feet to a point marked by a pipe; thence
along the center line of a ditch, which line marks the boundary between the property
hereby conveyed and the property now or formerly W. W. Oliver, Jr., S 62° 40' 00" E
2277.82 feet; thence along the center line of another ditch S 40° 38' 47" W 1331.46
feet; thence along the center line of another ditch N 61° 10' 33" W 801.20 feet;
thence N 61° 53' 06" W 167.47 feet thence N 62° 56' 35" W 196.51 feet; thence N
64° 20' 50" w 129.94 feet,4 thence N 32° 21' 13" W 170.50 feet; thence N 24° 01'
13" W 669.40 feet; thence N 26° 21' 32" W 331.91 feet to the point of BEGINNING.
SUBJECT TO the rights of Calvin C. Upton and Walter A. Capps, as reserved in the
aforesaid deed recorded in Deed Book 1360, at page 275.
15
PARCEL THREE
ALL THAT certain tract, piece or parcel of land, with the buildings and improvements
thereon, and the appurtenances, easements and rights-of-way thereunto belonging,
situate, lying and being in Princess Anne Borough, Virginia Beach, Virginia, as shown
on that certain plat entitled "SURVEY OF PROPERTY OF HARRELL FARM
COMPANY (DB. 1005, P. 590)", Scale: 1" = 300', dated November 9, 1989, made by
Talbot & Associates, Ltd., duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 198, at page 85.
BEGINNING at the point of intercection of the northern right-of-way line of Indian
River Road and the western right-of-way line of West Neck Road; thence along
northern right-of-way line of Indian River Road N 77° 04' 49" W, a distance of
4,003.35 feet to a point; thence N 29° 25' 15" E, a distance of 1,034.53 feet to a
point; thence N 63° 25' 40" W, a distance of 497.74 feet to a point; thence N 40° 38'
47" E, a distance of 1,512.91 feet to a point; thence S 62° 39' 51"E, a distance of
1,449.69 feet to a point; thence N 30° 16' 31" E, a distance of 1,475.10 feet to a
point; thence S 64° 41' 59" E, a distance of 237.25 feet to a point in the
southern/western right-of-way line of West Neck Road; thence along southeni/westem
right-of-way line of West Neck Road in a southeasterly direction along a curve to the
left having a radius of 492.77 feet, a distance of 192.58 feet to a point; thence along
the southern/western right-of-way line of West Neck Road S 64° 41' 59" E, a distance
of 395.56 feet to a point; thence S 30° 49' 01" W, a distance of 1,467.78 feet to a
point; thence S 54° 24' 03" E, a distance of 1.335.88 feet to a point in the western
right-of-way line of West Neck Road; thence along the southwesterly direction along a
curve to the left having a radius of 2,059.89 feet, a distance of 536.28 feet to a point;
thence along the westem right-of-way line of West Neck Road S 070 06' 28" W, a
distance of 841.22 feet to the point of BEGINNING.
16
26 -
Item II-K.1.d.
PUBLIC HEARING ITEM # 37555
PLANNING
Gerald S. Divaris, One Columbus Center, Phone: 497-2113
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council AUTHORIZED
FINAL APPROVAL of the Ordinance upon application of COLUMBUS CENTER ASSOCIATES for
the discontinuance, closure and abandonment of a portion of Columbus Street beginning at the Eastern
boundary of Constitution Drive.
Ordinance upon application of Columbus Center Associates for the
discontinuance, closure and abandonment of a portion of Columbus
Street beginning at the eastern boundary of constitution Drive and
running in an easterly direction a distance of 650 feet. Said street is 50
feet in width and contains 33,854 square feet. More detailed information
is available in the Department of Planning. BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James- W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, I'aul J. l,anteigiie, John D.
Moss, Mayor Meyera I,,. Oberndorf, Naii(@ K. I'arker and Vice Mayor
William D. @evsomv, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
Non e
January 4, 1994
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS COLUMBUS STREET, LOCATED IN THE
BAYSIDE BOROUGH, OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN
RESUBDIVISION PLAT DESCRIBED BELOW.
WHEREAS, it appearing by affidavit that proper notice has
been given by Columbus Center Associates that it would make
application to the council of the City of Virginia Beach, Virginia,
on May 14, 1990 to have a portion of the hereinafter described
street discontinued, closed, and vacated; and
WHEREAS, on December 15, 1992 the Council gave
preliminary approval to the street closure subject to certain
conditions imposed by Council; and
WHEREAS, it is the judgment of the Council that such
conditions have been satisfied and that such portion of said street
be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
Columbus Street beginning at a point situated
on the northeast intersection of Constitution
Drive and Columbus Street; thence, S37°52'15"E
28.26' to a point; thence, S82°48'13"E 623.32'
to a point; thence, S7°12'0"W 50.00' to a
point; thence, along the southern boundary of
Columbus Street N82°48'3"W 599.78' to a point;
thence, S7°10'47"W 29.85' to a point; thence
N82°48'3"W 23.26' to a point; thence,
S52°7'30"W 28.32' to a point he southeast
corner of the intersection of Constitution
Drive and Columbus Street; thence, along the
eastern boundary of Constitution Drive
THRU 44 INCLUSIVE, BLY. 42, PART OF LOT 21 &
43 AND ALL OF LOTS 22 & 44, BLK. 48, PART OF
LOT 43 AND ALL OF LOT 44, BLK. 41, CLOSED
PORTION OF SIXTH STREET AND CLOSED PORTION OF
COLUMBUS STREET SUNNYBROOK (M.B. 5 PG. 201)
GPIN NO.: 1477-64-4630, 1477-64-4294,
1477-64-2236, 1477-64-7216
1
BAYSIDE BOROUGH-VIRGINIA BEACH, VA" dated
Sept. 24, 1993, made by W.P. Large, Inc. and
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia
in Map Book _, at Page and which is
incorporated herein and made a part hereof by
reference;
LESS AND EXCEPT those certain 15 foot water
main utility easement and variable width
drainage and utility easement dedicated to the
City of Virginia Beach and described on the
Resubdivision Plat.
SECTION II
A certified copy of this Ordinance shall be filed in the
office of the Circuit Court of the City of Virginia Beach, indexed
in the name of the City of Virginia Beach, as grantor.
21174041/
ord. lhb
@,Vl@-,, A@ -AL
AUTHORIZED FINAL, API)ROV@i,: faiiiiary 4, 1994
2
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3),
58.1-811(c)(4), AND 25.249
THIS DEED OF EASEMENT is made this 28th day of December,
1993, by and between COLUMBUS CENTER ASSOCIATES, a Virginia general
partnership, "Grantor", party of the first part, and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, "Grantee", party of the second part.
W I T N E S S E T H:
That for and in consideration of the sum of TEN DOLLARS
($10.00) cash in hand paid, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the
Grantor does hereby sell, assign, transfer, grant and convey, with
SPECIAL WARRANTY, a perpetual 15 foot water main utility easement
and a variable width drainage and utility easement to the Grantee,
its agents, assigns, and/or successors to construct, reconstruct,
alter, operate and maintain utility facilities in, under, upon and
across lands and property of the Grantor, including the right of
ingress and egress to the same, as more particularly described as
follows:
THOSE CERTAIN areas described as "15' Water
Main Easement Hereby Dedicated To The City Of
Virginia Beach" and "Variable Width Drainage
& Utility Easement Hereby Dedicated To The
City of Virginia Beach" as shown on sheet 2 of
LARK STANT, PC. that certain plat entitled "RESUBDIVISION OF
LOTS 1 THRU 44 INCLUSIVE, BLK. 49, LOTS 23
THRU 44 INCLUSIVE, BLK. 42, PART OF LOT 21 &
43 AND ALL OF LOTS 22 & 44, BLK. 48, PART OF
LOT 43 AND ALL OF LOT 44, BLK. 41, CLOSED
PORTION OF SIXTH STREET AND CLOSED PORTION OF
COLUMBUS STREET SUNNYBROOK (M.B. 5 PG. 201)
BAYSIDE BOROUGH-VIRGINIA BEACH, VA" dated
Sept. 24, 1993, made by W.P. Large, Inc. and
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia
in Map Book at Page and which is
incorporated herein and made a part hereof by
reference;
IT BEING a part of the same property conveyed
to the Grantor by City Ordinance of the City
of Virginia Beach, Ordinance No.
adopted the day of
19- recorded in Deed Book _, at page
The Grantor by execution of this instrument acknowledges
that the plans for the aforesaid project as they affect Grantorls
property have been fully explained to the undersigned.
It is agreed between the parties hereto that the Grantee'i
and its agents, assigns, and/or successors shall have the right to
inspect the said easements and to cut and clean all undergrowth and
remove other obstructions in and along the said easements or@
adjacent thereto that may in any way endanger or interfere with thel
proper use of same, and to make use of the adjacent property for'
ingress and egress and for other activities necessary to
construction, reconstruction, Alteration, operation, andi
maintenance of the said facilities.
The Grantor agrees that the Grantee shall not be liable
for any maintenance work whatsoever to the areas encompassed in the@
said easements except if the Grantee is required to perform
PC,
excavation within the said easements in order to effectuate
2
maintenance or repair of the said facilities. All other
maintenance of the land encompassed by the said easements shall be
done by the Grantor, and the Grantee shall have no duty or
liability to perform any routine maintenance work in the said
easements other than that work which arises out of maintaining or
repairing the said facilities.
The Grantor agrees that when requested by the Grantee,
it shall remove any fence(s), structure(s), landscaping, vehicle,
parking or other obstruction within forty-eight hours or receipt
of written notice requesting such removal. Except that in an
emergency or failure to remove after written notice Grantee will,
remove, or have removed by others, any impediment to access,i
maintenance or operation and Grantor agrees it is responsible for
replacement of said fence(s), structure(s), landscaping, vehicle
parking or other obstruction at its sole expense.
The Grantor covenants and agrees for Grantor, Grantor's I
assigns and successors, that the consideration aforementioned shall
be in lieu of any and all claims of compensation and damages by
reason of the location, construction, reconstruction, alteration
or maintenance of the said facilities.
WITNESS the following signature and seal:
COLUMBUS CENTER ASSOCIATES,
a Virginia general partnership
By: S S (USA), INC.,
G
-LARK SRANT, PC. By'
VI.I.@@. @., V.1l..'A
BY: DIVARIS REALTY OF VIRGINIA
CORP., General Partner
By: Gerald S. Divaris
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
The foregoing instrument was acknowledged before me this
28th day of December, 1993, by Thomas R. Frantz,
behalf of Sage PROPERTIES (USA) INC., as General Partner of
Columbus Center Associates.
My commission Expires:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
The foregoing instrument was acknowledged before me this
28th day of December, 1993, by GERALD S. DIVARIS, on
behalf of DIVARIS REALTY OF VIRGINiA-CORP., as General Partner of@
Columbus Center Associates.
My Commission Expires: 8131197
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- 27 -
item II-L.1,
APPOINTMENTS ITEM # 37556
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
BOND REFERENDA COMMITTEE
(1986 Referendum)
Robert W. Hall
(No Term)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III. James W llrazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, I'aul J. Lanteigne, John D.
Moss, Mayor Meyera F,. Oberndorf, NancA K. I'arker and Vice Mayor
William D. .5essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Januaiy 4, 1994
- 28
.2.
APPOINTMENTS ITEM # 37557
Upon NOMINATION by Vice Mayor Sessoms, City Couicil APPOINTED.
HISTORICAL REVIEW BOARD
James W. Raynor III
2-Year Term
01/01/94 - 10/31/95
William M. Walsh, Jr.
Unexpired thru 10/31/95
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K P(irker and rice Mayor
William D. @essoms, Jr
Council Members Voting Nay.-
Non e
Council Members Absent:
None
January 4, 1994
- 29
Item II-L.3.
APPOINTMENTS ITEM # 37558
A NOMINATION was made by Vice Mayor Sessoms to REAPPOINT Barnett Thoroughgood to the
Planning Commission.
A NOMINATION was made by Councilman Brazier to APPOINT Cheryl J. Avery-Hargrove to the
Planning Commission.
Council Members Voting for Barnett Thoroughgood:
John A. Baum, Robert W. Clyburn, Louis R. Jones, Mayor Meyera E.
Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting for Cheryl J. Avery-Hargrove.
Linwood O. Branch, III, James W. Brazier, Jr., Robert K. Dean, Paul J.
Lanteigrie, John D. Moss, and Naiicy K I'arker
City Council APPOINTED:
PLANNING COMMISSION
Cheryl J. Avery-Hargrove
4-Year Tert?i
010194 - 1/31/97
January 4, 1994
- 30 -
Item II-L.4.
APPOINTMENTS ITEM # 37559
Upon NOMINATION by Vice Mayor Sessoms, City Council CONFIRMED APPOINTMENT by
SEVAMP Board of Directors:
SOUTHEASTERN VIRGINIA AREAWIDE MODEL, PROGRAM (SEVAMP)
Wiley A. Scott
4-Year Term
01/01/94 - 12/13/97
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Braticii, III, James W Brazier, Jr., Robert W.
Clyburn, Robert Y- Dean, Louiy I?. Jonc,%, I'ciul ]. l,ariteigrie, John D.
Moss, Mayor Meyera P. Oberndorf, iVaii(-,% K. I'@irk(,r and Vice Mayor
William D. @essoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
None
January 4, 1994
- 31 -
Item II-L.5.
APPOINTMENTS ITEM # 37560
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
VIRGINIA BEACH CRIME TASK FORCE
Edward G. Kreyling, Jr.
Unexpired term thru 06/30/94
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Ilrazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, I'aul J. f,anteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Saiicv K I'arker and Irice Mayor
grilliam D. Sesvoms, Jr.
Council Members Voting Nay.
Non e
Council Members Absent:
None
January 4, 1994
- 32 -
Item II-L.6.
APPOINTMENTS ITEM # 37561
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council:
Repealed action of 12/7/93 and canceled appointment of Carrollyn Cox
to the TIDEWATER DETENTION HOME ADVISORY BOARD as
there is no Virginia Beach Advisory Board effective July 1993
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W firazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, I'aul J. Lanteigrie, John D.
Moss, Mayor Meyera I,, Oberndorf, Nanc@ K. I'arker and Vice Mayor
William D. 5essoms, Jr.
Council Members Voting Na_v:
Non e
Council Members Absent:
Non e
January 4, 1994
- 33 -
Item II-L. 7.
APPOINTMENTS ITEM # 37562
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS:
PERSONNEL BOARD
January 4, 1994
34
Item II-M.1.
UNFINISHED BUSINESS ITEM # 37563
Two-Year Fiscal Budget
Councibnan Moss suggested a Two-Year Fiscal Budget which would require a Referendum and Charter
Change. Councilman Moss will be working with citizens in the community and the Staff. This could
commence in March 1995 and would concur with the General Assembly's Budget process.
Ihe focus would be on stability as the Budget would not occur on a Councilmanic Election Year.
January 4, 1994
- 35 -
Item II-N.1.
NEW BUSINESS ITEM # 37564
The City Manager distributed the Golf Course Lease for City-owned property adjacent to Seaboard Road
in the City Council Agenda Package. The draft of the Bid documents and advertisements of the bid and
lease that will run for four weeks beginning December Twenty-sixth was also enclosed. Said document
is hereby made a part of the record.
Patricia Philips, Director of Finance, advised if a Conditional Use Permit would be issued, City
Council's direction would be necessary. The Lessee would be responsible for all costs regarding permits.
The Lessee is only interested in the City's name being on the permit to expedite the process, but no City
costs would be incurred in the process.
Mrs. Phillips advised, relative Section 6 Setting Fees, Page 10, the option for the lessee to provide a
discounted reate for those individuals who had purchased Virginia Beach Golf Discount Cards, she
believed this could be negotiated. It is uncertain at this time whether it would be based on the City's
cards or some other mechanism to give residents a lower rate than non-residents. She believed this could
be accomplished.
January 4, 1994
36 -
Item II-N.2.
NEW BUSINESS ITEM # 37565
ADD-ON
Council Lady Parker referenced an occurrence to General Booth Boulevard landscaping, which is
suppose to be contiguous. The First Virginia Bank has taken approximately six crepe myrtle trees right
out of the center. On the other side near the Taco Bell and Pizza Hut, some individual has done heavy
"pruning".
Councilman Branch referenced complaints from a resident ol Atlantic Avenue relative a tree blocking one
of his reader boards and the gentlemen had indicated this was a "right-to-view" issue.
The City Attorney will confer with the Director of Planning relative these issues and respond to City
Council.
January 4, 1994
- 37
Item II-N.3.
NEW BUSINESS ITEM # 37565
ADD-ON
Councilman Moss referenced correspondence from the City Manager of December 29, 1993, relative Pool
Corrosion at Bayside and Great Neck Recreation Centers and the decision to proceed with $500,000
worth of redesign from funds remaining in the project. Before the City proceeds, Councilman Moss
requested a Briefing next week, January 11, 1994, in Executive Session.
January 4, 1994
- 38
Item 11-N.4.
NEW BUSINESS ITEM # 37566
ADD-ON
Councilman Moss referenced the North Landing Dumping issue, where the City and the private land
owner had both dumped fill material on wetlands.
The City Manager advised this information had previously, been forwarded, but the status of this issue will
be provided again.
January 4, 1994
- 39
Item II-N.5.
NEW BUSINESS ITEM # 37567
ADD-ON
Councilman Moss reiterated Council Lady Parker's request for a Briefing relative Tidewater Regional
Transformation Department's light rail initiative. Councilman Moss requested this Briefing be
SCHEDULED for a City Council Session during January.
Councilman Moss also referenced the Memorandum relative Virginia Wesleyan College dealing with
service expansion. Councilman Moss hoped the basic core budget from the City Manager would be a "no
program expansion" recommendation with options for program.
Vice Mayor Sessons believed TRT would be doing away with out, route in order to install that particular
route. Vice Mayor Sessoms believed the trolley to City Hall would be eliminated unless greater usage is
realized.
January 4, 1994
- 40 -
Item II-N.6.
NEW BUSINESS ITEM # 37568
ADD-ON
Councilman Baum referenced correspondence involving litigation. The City has had to pay too much for
property many times because of the tendency of a Commission to split the difference between the City's
appraisal and others. The City's appraisal was $76,000. The, owner was requesting $1.78-Million;
however, the Commission awarded same at $80,000.
Councilman Dean again referenced this issue of Ferrell Parkway, Phase VII. Councilman Dean advised
the City Council should make a determination as to whether they wish to continue with condemnation in
acquiring property. This roadway has been deleted from the CIP unit if it would be included again,it will
be after the year 2010. Councilman Dean asked: Does the City Council wish to continue to purchase this
right-of-way?
January 4, 1994
- 41
Item II-N-7.
NEW BUSINESS ITEM # 37569
ADD-ON
Councilman Lanteigne referenced the good news relative the addition to the twenty extra police officers
authorized in last year's budget, an additional twenty-eight police officers will be employed as a result
of a grant from the expansion of neighborhood programs. The City Council should be fully cognizant of
the fact that when an additional fifty police officers is hired, this has an enormous impact to the rest of
the criminal justice system, and if the City is going to keep up with the additional workload, the impact
must be addressed in the upcoming budget.
Mayor Oberndorf referenced the National League of Cities and U.S. Conference of Mayors advised the
President stipulated these grant funds could be utilized only for police officers' salaries, and after three
years, these additional police offices would be expected to be maintained by the locality at its expense as
opposed to further grants.
Janua 4, 1994
- 42 -
Item II-N.8.
NEW BUSINESS ITEM # 37570
ADD-ON
Mayor Oberndorf referenced the proposal for a $10 tipping fee on solid waste by the State. This will
increase the cost of SPSA by one-third. The tipping fee will increase another third. The $10 will be
utilized strictly to the advantage of the host community, who possesses the landfill or the waste energy
plant.
Suffolk is paid by the eight localities and does not pay any tipping fee because they host the landfill.
Portsmouth has an equally sensitive relationship to SPSA.
Januarv 4, 1994
43 -
Item II-N.9.
NEW BUSINESS ITEM # 37571
ADD-ON
Mayor Oberndorf advised the General Assembly is investigating eliminating some of the funding for the
Constitutional Officers' salaries and benefits.
Ihe concern which the Mayor raised this morning to the members of the General Assembly Finance
Committee is if these cuts are made, supposedly there will be special legislation to give the localities the
right to make revenue to satisfy the difference. This could be construed as a new tax.
January 4, 1994
- 44 -
Item II-N.10.
NEW BUSINESS ITEM # 37572
ADD-ON
Mayor Oberndorf referenced the City Council Workshop relative the SOUTHERN RURAL
PRESERVATION AREA on Saturday, January 8, 1994 at the Pavilion Conference Room.
BY CONSENSUS, City Council RESCHEDULED this Workshop to 10:00 A.M.
Januarv 4, 1994
- 4-5
liem II-N.11.
NEW BUSINESS ITEM # 37573
ADD-ON
Councilman Dean referenced a proposed Regional Materials Recovery Facility, which SPSA wishes to
build at over $4-MILLION.
Councilman Dean will sponsor the private industry for a presentation on January 11, 1994, Councilman
Dean will provide a Resolution for consideration in OPPOSITION to this Facility.
January 4, 1994
- 46
ltem II-N.12.
NEW BUSINESS ITEM # 37574
ADD-ON
Mayor Oberndorf advised the Commander of Dam Neck has extended his hospitality for a Briefing to City
Council relative his Base. Monday, January 10, 1994, 8:00 A.M. to 11:30 A.M. has been SCHEDULED
for the Dam Neck Tour Breakfast.
January 4, 1994
47
Item II-N.13.
NEW BUSINESS ITEM # 37575
ADD-ON
Councilman Brazier advised he was contacted by Captain Craine and the Navy believes it can locate the
funds to purchase Margaret Drummond's air rights over her property. Mrs. Drummond is the owner of
the property involved in the Application of CHURCH OF THE REDEEMER for a Condtional Use
Permit.
Captain Craine is on the Admiral's Select list, and will be leaving the area sometime this Summer;
therefore, details need to be worked out prior to then.
January 4, 1994
48
Item III-O.
ADJOURNMENT ITEM # 37576
Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED at 5:00 P.M.
-----------
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
-- -------------
Ruth Hodges 5mith, CMCIAAE Meyera 11. 01)(,iii(l(,rf
City Clerk Mayor
City of rzrginia Beach
Virginia
January 4, 1994