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JANUARY 28, 1997 MINUTES( ity ot' Vix-ginia Beach "WORLD'S LARGEST RESORT CYtY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS, JR. At Large JOHN A BAUM, Blackwater Borough LINWOOD O BRANCH Ill V~rgmm Boach ~ornugh WILLIAM W HARRISON JR Lynnhauen Borough HAROLD HEISCHOBER, At Large BARBARA M HENLEY, Pungo Borough LOUIS R JONES, Baystde Borough REBA S McCLANAN Princess Anne Borough NANCY K PARKER, At Large LOUISA M STRAYHORN Kemps*~lle Borough JAMES K SPORE, C~ty Manager LESLIE L LILLEY C~ty Attorney RUTH HODGES SMITH, CMC / AAE C~ty Clerk CITY COUNCIL AGENDA January 28, 1997 ( II ¥ liALL BUILDIN(, 2401 ( OURTIiOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9005 ~757~ 427 4303 I · CITY MANAGER'S BRIEFING - Conference Room - 1:00 PN A· PAVILION EXPANSION David Peterson, Consultant James B. Ricketts, Director, Convention & Visitor Development II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 2:30 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V· FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 6:00 PM B. INVOCATION: Reverend Sandra Benton Beech Grove & Bethel 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 - January 14, 1997 G. AGF34DA FOR FORMAL SESSION He. CONSENT AGENDA The Consent .4genda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I · PUBLIC HEARING 1. MOTHERS, INC. - TAX EXEMPTION J. RESOLUTIONS i · o 0 Resolutions re legislation designating real and personal property as being EXEMPT from state, local real and personal property taxation: a. Mothers, Inc. b. Blackwater Creeds Foundation - Deferred 1/7/97 C· The Last Great Waters, Inc. and its subsidiary Great Waters, Inc. - Deferred 1/14/97 Resolution re issuance of the Virginia Beach Development Authority's Multi-Family Housing Mortgage Revenue REFUNDING BOND, Series 1987, to the Suffolk Redevelopment Housing Authority re: Oak Springs Apartments, L.L.C. $4,655,000 Resolution re the TRANSFER and ASSIGNMENT of the City's Cable Television Franchise from Cox Cable Virginia Beach, Inc., to COXCOM, INC., a wholly-owned subsidiary of Cox Communications, Inc. K. ORDINANCES I · Ordinance to AMEND and REORDAIN Chapter 18 of the City Code re business licenses (BPOL) by incorporating provisions of legislation recently enacted by the General Assembly. · Ordinance to authorize the City Manager to execute a Reciprocal Agreement for mutual aid firefighting and related emergency services between the City and Currituck County, North Carolina. Ordinances to ACCEPT and APPROPRIATE V-STOP Grants from the Virginia Department of Criminal Justice Services (DCJS): A $79,201 Grant to the FY 1996-1997 Operating Budget of the Office of the Commonwealth's Attorney re domestic violence prosecution; TRANSFER a $19,800 matching grant from the General Fund Reserve for Contingencies; and, estimated revenue be increased by $59,401. bo A 846,213 Grant to the FY 1996-1997 Operating Budget of the Virginia Beach Police Department for enhanced services related to domestic violence; and, estimated revenue be increased accordingly· · · e · Ordinance to ACCEPT and APPROPRIATE a $15,000 National Oceanic Atmospheric Administration Grant from the Virginia Department of Environmental Quality to the Virginia Marine Science Museum's FY 1996-1997 Operating Budget to research sea turtle and marine manuual strandings; that the Virginia Marine Science Museum provide the required match in services and equipment; and, estimated revenue be increased accordingly· Ordinance to TRANSFER a 8100,000 Federal Grant from the Capital Improvement Project (CIP #3-046) to the Department of Housing and Neighborhood Preservation FY 1996-1997 Operating Budget to provide $50,000 to the Judeo-Christian Outreach Center re completion of its education building and $50,000 to the Volunteers of America Chesapeake, Inc. re transportation for the homeless; AMEND the scope of CIP #3-046 re construction of a Homeless Shelter facility at the Beach Services Center; and, the City Manager be authorized to execute the necessary agreements. Ordinance to TRANSFER $67,844 from the Reserve for Contingencies-Technology Account to various departments within the FY 1996-1997 Operating Budget re computer equipment and other operating costs for Council Members, City Manager, City Attorney and City Clerk for the purpose of improving the ability to manage, process and rapidly respond to citizen needs. Ordinance to authorize License Refunds in the amount of $3,113.71. Ordinance to authorize Tax Refunds in the amount of $6,554.02. ne PUBLIC HEARING - PLANNING 6:30 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. I · Application of JOHN BARRETT for a ~ to Section 4.4(d) of the Subdivision Ordinance which requires all lots crated by subdivision to have direct access to a public street, at 2009 Bay Road (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of CAVALIER GOLF & YACHT CLUB for a Conditional Use Permit for a recreational facility of an outdoor nature (tennis courts) and Darkino lots on Lots 237 A & B at the -- -- Northwest corner of Starling Court and Cardinal Road, containing 2 acres more or less (LYNNHAVEN BOROUGH). Recommendation: APPROVAL · Application of JULIE ANNE CHEATWOOD for a Conditional Use P_~ for a home occupation (day care) on the West side of -- -- Beethoven Drive on Lot 10, Block A, Ocean Lakes North, Section 5 (1937 Beethoven Drive), containing 7,500 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL · Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use P~rmi~ for a ~]D/~ on the East side of Great Neck Road, North of Harbor Lane (1510 Great Neck Road), containing 10 acres more or less (LYNNHAVEN BOROUGH). Recommendation: APPROVAL · · · · · Application of WIRELESS PCS INC., agent for AT&T Wireless PCS Inc., for a Conditional Use Permit for a ~ communication facility at the Northwest intersection of Dam -- Neck Road and Harpers Road, containing 9.9 acres (PRINCESS ANNE BOROUGH)· Recommendation: APPROVAL Application of LEE PAPPAS BODY SHOP, INC. for a Conditional Use Permit for an automobile storage facility at the Southwest corner of Virginia Beach Boulevard and Saint Paul Street on Lots 3 & 4, Block 51, Oceana Gardens, containing 14,374.8 square feet (LYNNHAVEN BOROUGH)· Recommendation-. DENIAL Application of BUBBA CANCER FOUNDATION for a Conditional Use Permit for a convalescent home on Lot 3, Block 1, Point O'Woods, Section Two (§§2 West Plantation Road), containing 20,4?3 square feet more or less (LYNNHAVEN BOROUGH). Recommendation-. APPROVAL Application of LITCHFIELD MANOR, INC. for a CoNditional Change of Zonino District Classification from AG-1 and AG-2 Aoricultural District to Conditional R-?.§ Residential District on the East side of Holland Road, beginning at a point 630 feet more or less South of proposed Ferrell Parkway, containing 16.012 acres (PRINCESS ANNE BOROUGH). Deferred Indefinitely: December 17, 1996 Recommendation-. APPROVAL Applications of ROLLINGWOOD, L.L.C., at the Southeast and Northeast intersections of Holland Road and Ferrell Parkway (2400 Holland Road), containing 101 acres, more or less (PRINCESS ANNE BOROUGH): a· Chanae of Zonina District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5 Residential District b· Historical and Cultural District Overlay -- Co Conditional Use Permit for a private school -- Recommendation: APPROVAL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT fl * * fl fl fl * fl fl * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * 01/24/97BAP AGENDA\01-28-97 . PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 28, 1997 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, January 28, 1997, at 1:00 P. M. Council Members Present: John A. Baum, Linwood O. Branch, III, Barbara M. Henley, HaroM Heischober, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: William gE. Harrison, Jr. [ENTERED: 1:05 P.M.] Louisa IC Strayhorn [ENTERED: 1:22 P.M.] -2- CITY MANAGER'S BRIEFING PAVILION EXPANSION 1:00 ITEM # 41657 James B. Ricketts, Director - Convention and Visitor Development, advised in December 1991, the accounting firm of Deloitte and Touche was hired to perform a Pavilion Expansion Feasibility Study. This firm made certain recommendations in terms of size of the building and expansion, which were included in the 1993-1998 Capital Improvement Program. This CIP Also included funds to hire an architect, perform a site analysis and produce schematic drawings with related documents to support the expansion. City Council subsequently approved the hiring of a Consultant to perform a Convention Hotel Feasibility Study as a part of their professional services. The Virginia Beach Convention Center Feasibility and Site Evaluation Study was completed in 1994 by Williams, Tazewell and Associates and Thompson, Ventulett, Stainback and Associates, Inc. KPMG Peat Marwick was engaged to investigate the issue of a flagship convention hotel, either as part of the expanded center or at an alternate location on the oceanfront. The Convention Center Site Analysis concluded the expansion shouM take place on the current Pavilion site and the Hotel Study concluded there was a market for a flagship convention hotel in the resort area. Mr. Ricketts displayed slides depicting the various sites investigated for expansion or a new facility: Pavilion site, $1st and Oceanfront, present Dome site, Rudee Inlet Loop area and the McLeskey site (30 acres across Rudee Inlet Bridge on the right next to the boat ramp). Tazewell recommended the present site because of its current infrastructure, availability and cost. The recommendation from Tazewell and Associates was for an Exhibit Hall of 125,000 square feet. Mr. David Peterson, Consultant - Price Waterhouse recommends an Exfiibit Hall of 150,000 square feet. Mr. Ricketts displayed a slide depicting the first phase of the expansion, if it were to occur on the Pavilion site: Exhibit Hall, parking for approximately 3,000 cars (combination of surface parking and structured parking). The next slide depicted future expansion: the addition of another 125,000 square feet of space. Mr. Ricketts recommendea~ due to the changing in market conditions, conducting a new Market Feasibility Study and Economic Impact Study. David C. Peterson, Consultant - Price Waterhouse LLP, presented the FINAL DRAFT of the PAVILION EXPANSION FEASIBILITY STUDY, a copy of which is hereby made a part of the record. The Pavilion is primarily competing against smaller centers in smaller communities. This portion of the Study focuses specifically on the financial analysis. VIRGINIA BEACH ADVANTAGES Many Convention and Trade Show Organizers consider Virginia Beach an attractive destination with its resort area and amenities in the City and the Hampton Roads area. Virginia Beach has a large population base which is beneficial for events seeking venues that can draw regional attendees, particularly trade shows and consumer shows. Hampton Roads is a growing area and an expanded Pavilion has the potential to serve as the region's primary meeting and convention facility. Virginia Beach's employment composition reveals specialization in military, construction, retail trade and fnance insurance and real estate relative to competitive and comparable destinations, the Commonwealth and the nation. This suggests it may have a comparative advantage in hosting military-related events, and associations related to the other sectors. The City and its MSA have a large supply of total hotel roms, indicating a potential advantage in attracting state and regional conventions and trade shows. The Pavilion is easily accessible from the Virginia Beach-Norfolk Expressway, the major route into the resort area. This accessibility is an advantage in hosting events with large portions of drive-in attendance, such as trade shows and consumer shows. January 28, 1997 -3- CITY MANAGER'S BRIEFING PAVILION EXPANSION ITEM # 41657 (Continued) ADg'ANTA GES (Continued) Virginia Beach is centrally located in the Hampton Roads area and the east coast, adding to its attractiveness for regional and national conventions and trade shows. Past users have stated the Pavilion is the nicest facility in the area and the staff provided quality service. DISADVANTAGES Lack of convention class hotel room supply proximate to the Pavilion is limiting marketability to professional associations. Lack of exhibit and meeting space at the Pavilion is cited as a major disadvantage by past and potential users. Lack of available hotel rooms during the peak tourist season. With reference to the table representing Competitive Facility Characteristics, the Pavilion ranks eighth in terms of exhibit space and offers one of the lowest amounts of meeting space. Virginia Beach ranks sixth in terms of exhibit space relative the physical characteristics of comparable destination facilities. The Pavilion offers the least meeting space and the smallest number of breakout rooms. It is a credit to the management of the facility that it is heavily utilized and enjoys a high degree of occupancy, in spite of the fact it is physically obsolete. Baltimore recently expanded to 400,000 square feet, Charlotte $00,000 square feet and Myrtle Beach to 100,800 square feet of dedicated Exhibit Space. The large hotels, Crystal Gateway Marriott and the Hyatt Regancy Crystal City in the Arlington area, are really the primary convention destination areas in the Commonwealth of Virginia. These will probably remain so in the foreseeable future. Because of their enormous stock of rooms, these Hotels function as the center for Washington, D.C., rather than a Virginia destination. Mr. Petersen displayed slides depicting comparable facility characteristics. The user survey analysis reveals that the majority of past and potential users promote expansion of the Pavilion due to the lack of existing exhibit and meeting spaces and growing event space requirementS. Most past and potential users perceive Virignia Beach as an attractive destination to host their events. Given the results of the market analysis, the building program shouM accommodate the growing needs of past and current users of the Pavilion, accommodate potential state, regional and national conventions and trade shows and provide adequate space to host simultaneous events. The following table compares the Pavilion's current building program to the program for an expanded facility. PAVILION BUILDING PROGRAM Existing Expanded Exhibit Space 57,120 150,000 Meeting/Ballroom Space Ballroom 0 35,000 Meeting ~ 5_.600 20.000 Total Meeting/Ballroom 5,6oo 55,ooo Based on the building program, hard construction costs are estimated to range from approximately $45.0 to $50.O-MILLION. Total development costs, including site work, parking structure, infrastructure improvements, site acquisition and furniture, fixtures and equipment, are estimated at $97.9-MILLION by the TAF Group. The City is currently investigating alternatives to decrease this cost. January 28, 1997 -4- CITY MANAGER'S BRIEFING PAVILION EXPANSION ITEM # 41657 (Continued) Meeting venues host a variety of events, including conventions, trade shows, consumer shows and other events. Each of these events place different priorities on center, site location characteristics and destination amenities. Conventions are large gatherings typically hosted by professional associations or social organizations and are held in hotels or convention centers. Professional association events, with or without exhibits, are considered to be of "high economic Impact". SMERF group events are attended by persons who are members of a Social, Military, Education, Religious or Fraternal organization. These events are typically sponsored by the organization associated with a specific type of group. SMERF groups tend to travel to the event in larger delegate groups than attendees to professional association events or trade shows. Trade shows are typically hosted by trade associations or retail organizations and are held in multipurpose or convention centers. Trade shows include trade association events and wholesale shows. Trade association events are attended by persons engaged in commercial activities and are normally sponsored by a trade association comprised of members employed in a certain industry as contrasted to employment in a specific occupation. Trade association events are often held in the same area of the country where their activities/members are concentrated and often in the same venue each year. Wholesale shows are essentially trade shows. They differ in that a high percentage of attendees are typically buyers for retail stores. Attendee length of stay is typically limited to the time required to view new product lines and place orders. Consumer shows are ticketed events open to the public. They are exhibitions of consumer retail products for display and sale to attendees. Other events commonly hosted in convention centers include festivals, reunions, receptions, banquets, seminars and meetings. The types and sizes of these events are determined by the local and regional economy and the availability of other assembly, exhibition and entertainment facilities in the community. Incremental direct expenditures estimated for the expanded Pavilion operations are based on attendance estimates and per attendee spending. DIRECT EXPENDITURES INCREMENTAL Low High Virginia Beach $41,200,000 $61,500,000 Hampton Roads 42,100,000 62,900,000 Commonwealth of Virginia 29,9OO, OOO 45,200,000 The sum of direct and indirect impacts reveals a total effect of the Pavilion expansion on Virginia Beach, Hampton Roads and Virginia. This impact is provided in terms of sales, income and employment. Incremental Low: Sales Volume TOTAL ECONOMIC IMPACT FORM PAFILION OPERATIONS Employment High: Sales Volume Virginia Beach Hampton Roads $ 48, 300, 000 $ 52, 900, 000 $ 50, 700, 000 Resident Income $ 22,100,000 $ 24,200,000 $ 21,600,000 1,400 1,500 1,200 $ 72,200,000 $ 33,000,000 Resident Income $ 79,100,000 $ 36,200, 000 2,300 Employment $ 76,8oo, ooo $ 32, 7OO, OOO 1,$00 January 28, 1997 -5- CITY MANAGER'S BRIEFING PAVILION EXPANSION ITEM tt 4165 7 (Continued) The City of F~rginta Beach and the Commonwealth of I/irginia also benefit from center operations in the form of increased tax r~venues. The primary times affected by Pavilion-related expenditures include accommodations, personal income, retail sales, admissions and meals. Incremental tax revenues from an expanded Pavilion are estimated to range from SI.S-MILLION to $2.2-MILLION for Virginia Beach and SI.S-MILLION TO $2.0-MILLION for the Commonwealth. Net Operating cost is estimated to increase from $883,000 to $1,057,000 for the low option and $I,190,000 for the high option. January 28, 1997 -6- AGENDA REF'IEW SESSION 2:35 P.M. ITEM # 41658 Vice Mayor Sessoms requested these items be discussed during the Formal Session. J. 2 Resolutions re legislation designating real and personal property as being EXEMPT from state, local real and personal property taxation: a. Mothers, Inc. b. Blackwater Creeds Foundation -Deferred 1/7/97 c. The Last Great Waters, lnc. and its subsidiary Great Waters, Inc. Mayor Oberndorf requested a listing of all Exemptions granted be provided to City Council and a total of the taxes that will not be collected. The City Clerk provided this data before the Formal Session. Mayor Oberndorf expressed concern relative the private use of the home related to the mission of the organization (Mother's, Inc.). Councilman Branch advised these exemptions are very difficult. The City Attorney advised the application form was designed to provide City Council with information relative these exemptions. The City Manager advised the staff has not made recommendations relative these exemptions, as these items are believed to be strictly a City Council decision. Council l. xtdy McClanan expressed concern relative the Last Great Waters, Inc. ITEM # 41659 Ordinance to AMEND and REORDAIN Chapter 18 of the City Code re business licenses (BPOL) by incorporating provisions of legislation recently enacted by the General Assembly. This item is strictly a housekeeping item. ITEM # 4166O Vice Mayor Sessoms read the FAXED correspondence to Councilman Branch and himself from Richard H. Powell, Eocecutive Director - Judeo-Christian Outreach Center, which is hereby made a part of the record. Councilman Branch advised this issue wouM be discussed in Executive Session. K5 Ordinance to TRANSFER a $100,000 Federal Grant from the Capital Improvement Project (CIP tt3-046) to the Department of Housing and Neighborhood Preservation FY 1996-1997 Operating Budget to provide $50,000 to the Judeo-Christian Outreach Center re completion of its education building and $50,000 to the Volunteers of America Chesapeake, Inc. re transportation for the homeless; AMEND the scope of CIP 113-046 re construction of a Homeless Shelter facility at the Beach Services Center; and, the City Manager be authorized to execute the necessary agreements. January 28, 1997 -7- AGENDA REVIEW SESSION ITEM # 41661 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS J. 3 Resolution re the TRANSFER and ASSIGNMENT of the City's Cable Television Franchise from Cox Cable Virginia Beach, Inc., to COXCOM, INC., a wholly-owned subsidiary of Cox Communications, Inc. ORDINANCES Ordinance to AMEND and REORDAIN Chapter 18 of the City Code re business licenses (BPOL) by incorporating provisions of legislation recently enacted by the General Assembly. Ordinance to authorize the City Manager to execute a Reciprocal Agreement for mutual aid firefighting and related emergency services between the City and Currituck County, North Carolina. Ordinances to ACCEPT andAPPROPRIATE V-STOP Grants from the Virginia Department of Criminal Justice Services (DCJS): a. A $79,201 Grant to the FY 1996-1997 Operating Budget of the Office of the Commonwealth's Attorney re domestic violence prosecution; TRANSFER a $19,800 matching grant from the General Fund Reserve .for Contingencies; and, estimated revenue be increased by $59,401. A $46,213 Grant to the FY 1996-1997 Operating Budget of the Virginia Beach Police Department for enhanced services related to domestic violence; and, estimated revenue be increased accordingly. K. 4 Ordinance to ACCEPT and APPROPRIATE a $15,000 National Oceanic Atmospheric Administration Grant from the Virginia Department of Environmental Quality to the Virginia Marine Science Museum's FY 1996-1997 Operating Budget to research sea turtle and marine mammal strandings; that the Virginia Marine Science Museum provide the required match in services and equipment; and, estimated revenue be increased accordingly. K. 6 Ordinance to TRANSFER $67,844 from the Reserve for Contingencies-Technology Account to various departments within the FY 1996-1997 Operating Budget re computer equipment and other operating costs for Council Members, City Manager, City Attorney and City Clerk for the purpose of improving the ability to manage, process and rapidly respond to citizen needs. K. 7 Ordinance to authorize License Refunds in the amount of $3,113.71. I~8 Ordinance to authorize Tax Refunds in the amount of $6,$s4.o2. January 28, 1997 -8- AGENDA RE VIE 14' SESSION ITEM # 41662 Council Lady McClanan requested the following item be discussed during the Formal Session: L. 5 Application of WIRELESS PCS INC., agent for AT&T Wireless PCS Inc., for a Conditional Use Permit for a wireless communication facili~_ at the Northwest intersection of Dam Neck Road and Harpers Road, containing 9.9 acres (PRINCESS ANNE BOROUGH). ITEM # 41663 Councilman Harrison recommended this item be DENIED. Vice Mayor Sessoms referenced the faxed request for a thirty-day deferral from Attorney Arthur C. Ermlich. Council Members Branch and Heischober also had concerns. L. 6 Application of LEE PAPPAS BODY SHOP, INC. for a Conditional Use Permit for an automobile storage _facility at the Southwest corner of Virginia Beach Boulevard and Saint Paul Street on Lots 3 & 4, Block 51, Oceana Gardens, containing 14,374.8 square feet (LYNNHAVEN BOROUGH). ITEM # 41664 Councilman Harrison recommended this item be DEFERRED BY CONSENT until the City Council Session of February 25, 1997, City Council Session. There were many items submitted to the Planning Commission which were not received by the City Council relative his organization, his committee structure, and the operation of his proposed facility. L. 7 Application of BUBBA CANCER FOUNDATION for a Conditional Use Permit for a convalescent home on Lot 3, Block 1, Point OqVoods, Section Two (552 West Plantation Road), containing 20,473 square feet more or less (L YNNHA VEN BOROUGH). The applicant wishes to perform this service in the memory of his son. ITEM # 41665 Council Lady McClanan wished both items be discussed together: L. 8 Application of LITCHFIELD MANOR, INC. for a Conditional Cha~ge of Zoning District Class!t~cation from AG-1 and,4G-2 Agricultural District to Conditional R-7.5 Residential District on the East side of Holland Road, beginning at a point 630 feet more or less South of proposed Ferrell Parkway, containing 16.012 acres (PRINCESS ANNE BOROUGH). L. 9 Applications of ROLLINGWOOD, L.L.C., at the Southeast and Northeast intersections of Holland Road and Ferrell Parkway (2400 Holland Road), containing I01 acres, more or less (PRINCESS ANNE BOROUGH): a. Change o. f Zoning District Classification from AG-I and AG-2 Agricultural Districts to Conditional fl-7,~ Residential District b. Historical and Cultural District Overlay c. Conditional Use Permit for a private school January 28, 1997 -9- AGENDA REVIEW SESSION ITEM # 4166.5 (Continued) Council Lady McClanan distributed a map of the proposed applications, which involves a reconfiguration of the entrances around Kellam High School for City Council to review during Executive Session. Council Lady McClanan will request Gooseberry Drive b~ closed between Holland Woods and Rollingwood Subdivisions until such time as the improvements to Holland Road and Ferrell Parkway are complete. At that time, the closing of Gooseberry Drive shall be at the discretion of City Council. Both developers have agreed to a temporary sidewalk. Council Lady McClanan has several other directions which have been reviewed by the Planning Department and agreed to by the applicants. ITEM # 41666 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: PUBLIC HEARING - PLANNING L. 1 Application of JOHN BARRETT for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots crated by subdivision to have direct access to a public street, at 2009 Bay Road (LYNNHAVEN BOROUGH). L. 2 Application of CAVALIER GOLF & YACHT CLUB for a Conditional Use Permit for a recreational facility of att outdoor nature (tennis courts.) and _tnzrking lots on Lots 237 A & B at the Northwest corner of Starling Court and Cardinal Road, containing 2 acres more or less (LYNNHAVEN BOROUGH). L. 3 Application of JULIE ANNE CHEATWOOD for a Conditional Use Permit for a home occu?ation (da_v care.) on the West side of Beethoven Drive on Lot I0, Block A, Ocean Lakes North, Section 5 (1937 Beethoven Drive), containing 7,500 square feet (PRINCESS ANNE BOROUGH). L. 4 Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit for a church on the East side of Great Neck Road, North of Harbor Lane (1510 Great Neck Road), containing 10 acres more or less (LYNNHAVEN BOROUGH). L. 7 Application of BUBBA CANCER FOUNDATION for a Conditional Use Permit for a convalescent home on Lot 3, Block 1, Point O'Woods, Section Two (552 West Plantation Road), containing 20,473 square feet more or less (LYNNHA VEN BOROUGH). Item L. 7 shall be DEFERRED BY CONSENT until the City Council Session of February 25, 1997. January 28, 1997 - 10 - CITY COUNCIL CONCERNS 3:00 P.M. ITEM # 41667 Mayor Oberndorf referenced the photographs from Ed Henley concerning Colchester Road. The increased truck traffic is causing many problems. Physically it is impossible to travel this road due to the heavy trucks and the excavation. Due to the repetition of tandem trucks, the deterioration of the road is accelerated. This will be addressed in the Executive Session. ITEM # 41668 Mayor Oberndorf referenced the Special Persons Mailing Service, Inc., composed of adult children with physical and mental challenges. Mayor Oberndorf displayed the article published in PARADE magazine. The parents of the young adults bought the building. They take turns volunteering guidance. This building has been expanded to allow a City assemblage of mail on the other side. ITEM # 41669 Council Lady Strayhorn requested the following Resolution be ADDED-ON under NEW BUSINESS: Resolution opposing the enactment of proposed legislation effectively divesting Virginia localities of the right to be compensated for the use of rights-of-way by Telephone Company. Mayor Oberndorf inquired if Bell Atlantic received the exemption would Cox-Com receive same, as they are going into the telephone business. Vice Mayor Sessoms expressed concern. Council Lady Strayhorn advised Vice Mayor Sessoms she had consulted with Senator Ken Stolle and she wanted to be assured when they met as a full Committee, the City of Virginia Beach would have their OPPOSING resolution. Senator Stolle advised he would be willing to investigate changes for compromise in the original legislation. Assistant City Attorney William Macali advised the Bill states no telephone company can be charged for compensation for use of rights-of-way outside of activity related costs, which are just administrative permitting costs. Therefore, in negotiating a transfer with any telephone provider, the provider cannot be charged. With reference to Councilman Heischober's inquire, Virginia Power's franchise agreement allows Virginia Power to use right-of-way to provide electrical service. If they wish to provide telephone communication or anything else, besides electricity, Assistant City Attorney Macali believes the City has the legal right to charge compensation. Council Lady Strayhorn inquired if her testimony had been distributed to City Council Members. The other cities in the rest of the region have stated their opposition. This is not a position Virginia Beach will be taking alone. The City Manager advised the Bell Atlantic lobby on this proposed Bill is enormous. Crossover day is February 4, 1997. Legislative updates will be distributed weekly beginning Friday, Janury 31, 1997. The number one legislative priority is to stop this Bill. Mayor Oberndorf stated this has extreme land use and financial implications. ITEM # 41670 Councilman Harrison referenced the Conditional Use Permit granted to Tidewater Westminster Homes, Incorporated for a home for the aged at Shore Drive and Sunstates Court and requested the City Attorney provide perimeters of the legislation available to the City Council to remove the existing blighted situation. The City Attorney will provide information. January 28, 1997 - 11 - CITY COUNCIL CONCERNS ITEM # 41671 Council Lady Henley referenced the Goal for a $o~fe City. Council Lady Henley believed this to be a main priority. Council Lady Henley referred to the tragedy in Landstown Lakes this past weekend concerning the shooting death of the Kellam High student. Council Lady Henley inquired concerning the methods by which this could be prevented. There was a similar situation in Bayside approximately a month ago. ITEM # 41672 Council Lady Henley inquired concerning the BOC, A CODE relative fire walls not having to extend to the top of buildings. Council Lady Henley believed the City should lobby against this procedure to eliminate further apartment buildings with this hazard being constructed within the City. ITEM # 41673 Council Lady Henley remarked traffic fatalities frequently are related to individuals "running" red lights. Council Lady Henley advised there had been discussions of photographing violators and believed State legislation has been proposed which would allow the introduction of this evidence. The City Manager will advise the status of this legislation proposed last year. This is a good application of technology. There was a proposal to have 25 of the worse intersections be installed with the equipment for this technical photography. The violation fees would offset the cost of this equipment. Mayor Oberndorf advised Northern Virginia is attempting to have this technology available to photograph the car and license. ITEM # 41674 Council Lady Parker inquired if all the homes for the elderly were required to have sprinkling systems. One of the homes built within the last three years has a sprinkler system in the attic for the heating and cooling units, but not in the individual rooms and hallways. ITEM # 41675 Council Lady Parker referenced the newspaper article relative the Public Hearings concerning the Dredging of the Western Branch of the Lynnhaven River. There were over 300 individuals in attendance and a very high level of anticipation. Councilman Jones advised there was anticipation on part of the citizens who live on the Eastern Branch and Western Branch of the Lynnhaven River that the City may participate not only in the dredging of the main channel but also in the ancillary canals. City Council approved the Study of the dredging of the Western Branch in the Capital Improvement Program. Councilman Heischober believed it was clear that the residents on those estuary canals would have to pay for same themselves on a pro rata basis. Vice Mayor Sessoms advised many residents acknowledge they would be willing to pay for same. They requested the City keep the main channel clear and they would take care of the smaller channels. Councilman Harrison advised currently the City's policy is if the drainage canal functions as a drainage then the City has no obligation of desilting the canal. Only when the drainage system fails, is it the City's policy to clean out the canal. The Public Hearing is being conducted by the Consultants for the Study of the dredging of the Western Branch of the Lynnhaven River. The City was ill prepared for the sizeable attendance. Councilman Harrison believed the purpose of the Study was to determine if it was feasible for the City to consider the program and this was in the APPROVED Capital Improvement Program two years ago. The City Manager advised alternatives and costs were being considered as a part of this Study. The problem is being analyzed. The dredging will not be done free nor under the existing Stormwater fee. January 28, 1997 - 12 - ITEM Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 28, 1997, at 3:35 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None January 28, 1997 - 13 - ITEM # 41677 Mayor Meyera E. Oberndorf,, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section Z1-344, 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). Appointments - Boards and Commissions: Youth Services Coordinating Council Virginia Beach Crime Task Force 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). Acquisition of' Property Princess Anne Borough Southeastern Parkway and Greenbelt Homeless Center Mental Health Facility Use of Public Property Golf Course Proposal Multi-Use Stadium LEGAL M/ITI'ERS: 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). Contractual Negotiation Hampton Roads Rhino Golf Course Proposal Multi-Use Stadium City vs Thompson Grading Upon motion by Vice Mayor Sessoms, seconded by Council Ixtdy Strayhorn, City Council voted to proceed into EXECUTIVE SESSION 0:45 P.M.) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy Ko Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober January 28, 1997 - 15 - CERTIFICATION OF EXECUTII~ SESSION ITEM # 41678 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; 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, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 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 # 41677 Page No. 13 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHERF_~S: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RF_~OLVED: 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. l~tf(h Hodges S~ith, CMC/AAE City Clerk January 28, 1997 - 16 - Item I~-F. 1 MINUTES ITEM It 41679 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January 14, 199Z Voting,: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: iVo n e January 28, 1997 -17- Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITgM # 41~80 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION The following shall be ADDED to the Agenda: Resolution opposing the enactment of proposed legislation effectively divesting Virginia localities of the right to be compensated for the use of rights--of-way by telephone companies. January 28, 1997 - 18 - Item V-I.I. PUBLIC HEARING ITEM # 41681 Mayor Oberndorf DECLARED A PUBLIC HEARING: MOTHERS, INC. T,4X EXEMPTION The .following registered to speak in SUPPORT: Brenda McCormick, Executive Director - Mothers, Inc., 417 16th Street, Phone: 491-2887 Maxine Graham, 3057 South Sandpiper Road There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 28, 1997 - 19 - Item V-~. RESOLUTIONS ITEM # 41682 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY CONSENT in ONE MOTION Resolutions Items 2 and 3. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Councilman Harrison ABSTAINED on Item 2 (Oak Springs Apartments, L.L.C.), as his law firm provides legal services to the applicant. January 28, 1997 Ittm V-J. lat. RESOLUTIONS ITEM # 41683 Upon motion by Pice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution re legislation designating real and personal property as being EXEMPT from state, local real and personal property taxation: Mothers, Inc. Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: William W.. Harrison, Jr. and Reba S. McClanan Council Members Absent: None January 28, 1997 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY MOTHERS, INC., AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, property located in the City of Virginia Beach and owned by Mothers, Inc., is currently subject to ad valorem taxation; WHEREAS, Mothers, Inc., has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6(a) (6) of the Constitution of Virginia to designate the real and personal property of Mothers, Inc., as being exempt from state and local real and personal property taxation; WHEREAS, the assessed value in 1995 of personal property located in the City of Virginia Beach and owned by Mothers, Inc., was $3200.00, and for 1995 the taxes levied on this personal property totaled $118.40; WHEREAS, Mothers, Inc., has real property located in the City of Virginia Beach assessed at $102,281, and for 1996-97 the tax bill for this property is $1247.84; WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04(B) of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that Mothers, Inc., should be designated a benevolent organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Mothers, Inc., and used by it exclusively for benevolent purposes on a nonprofit basis should beexempt from state andlocal real andpersonal property taxation. 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Mothers, Inc., as a benevolent organization within the context of S 6(a)(6) of Article X of the Constitution of Virginia and that real and personal property owned by Mothers, Inc., located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local real and personal property taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of January , 1997. 47 48 49 5O 51 52 53 54 CA-6530 ORDIN\NONCODE\MOTHERS.RES R-1 PREPARED: 01/07/97 APPROVED AS TO LEGAL SUFFICIENCY: - 21 - Item V-J.l.b. I~$OLUTIONS ITEM # 41684 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re legislation designating real and personal property as being EXEMPT from state, local real and personal property taxation: Blackwater Creeds Foundation Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY BLACKWATER CREEDS FOUNDATION AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, property located in the City of Virginia Beach and owned by Blackwater Creeds Foundation is currently subject to ad valorem taxation; WHEREAS, Blackwater Creeds Foundation has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, S 6(a)(6) of the Constitution of Virginia to designate the real and personal property of Blackwater Creeds Foundation as being exempt from state and local real and personal property taxation; WHEREAS, the tax assessed value of real estate located in the City of Virginia Beach and owned by Blackwater Creeds Foundation is $248,677.00, and for 1996-1997 the real estate taxes total $3,033.86; WHEREAS, Blackwater Creeds Foundation has no personal property, resulting in no assessment or taxation; WHEREAS, pursuant to S 30-19.04 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of S 30-19.04(B) of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that Blackwater Creeds Foundation should be designated as a benevolent organization within the context of S 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Blackwater Creeds Foundation and used by it exclusively for 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Blackwater Creeds Foundation as a benevolent organization within the context of S 6(a)(6) of Article X of the Constitution of Virginia and that real and personal property owned by Blackwater Creeds Foundation located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local real and personal property taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of January , 1997. 50 51 52 53 54 55 56 57 CA-6522 ORDIN\NONCODE\ CREEDS . RES R-2 PREPARED: 12/20/96 APPROVED AS TO LEGAL SUFFICIENCY: Department of / ' I APPLICATION TO CITY OF VIRGINIA BEACH FOR ~TION FROM PERSON~ AND REAL PROPERTY TAX3%TION Applmcants: Please fmll out thms form and submmt same to ~he City Manager, Municmpal Center, Vmrginia Beach, Vmrg~nia 23~56. In any instance where addmtmonal space ms needed to complete your answer to a particular question, please utilmze a separate sheet of paper and a~tach mt to th~s applicatmon. Formal Name of Corporation/Organization: Blackwa~er Cree~ Foundation ,,, Address: 1057 Pr~n¢css Anne Road Virgin~ Beach, VA 23.457 Telephone Number: No Phone · Is the Organization chartered or incorporated under the laws of the Commonwealth of Virginia? Pending · For what purpose is the group chartered? Community Service Chartered by Ruritan National August 24, 1948 · Describe in detail and specify the location of all real and personal property for which exemption is sought. Located in Pungo Borough 1057 Princess Anne Road West side of Princess Anne Road 800 ft. south of Stowe Road 3.799 Ac . List the present tax assessment of each parcel of real property for which this exemption is sought: Parcel PIN NO. Description: 240~-66-6102 Assessed Value: Land: Improvements: Total Assessed Value: $ 120,140 $ 128,537 248,677 $ Parcel Description: Assessed Value: Land: Improvements: Total Assessed Value: , List the present tax assessment, by tax bill, of personal property for which the exemption zs sought. No taxable personal property . 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 buzldings .and floor locations. The primary use is to provide a meeting facility for the Creeds Ruritan Club and other non-profit organizations w~thout charge. a o Does anv cther individua1 association or co~poratzon occupy or use any part of the premlses of any property for which exemption is sought? if yes, give detazls. NO b . Is any income derzved from ~c use of an'/ portion of the real property by other ~nd~v~duals or groups, whether considered as ~en~ or reimbursement for necessary expenses for bcr-,'~c(~, '~cu£rec? ~f yes, give all detat!s. NO o With regard to personal property, state the purpose for which the property is being used and whemher income is derzved from the use of any such property by ~ndzvzduals, groups or otherwise. If so, gzve all detazls. No personal property except tables and chairs. Is the organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 19547 If so, attach documentation. 501(c) Status applied fer and is pendin§. . 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 Is any director or officer of the agency paid compensation in excess of a reasonable allowance ~for salaries or other compensation? None paid for services or travel 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. 100 percent 13. Does the organization provlde servaces 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 cr method of determing cost of the services to the recipient, and any other details you deem pertinent. Yes. The facility is used for the Creeds Rurltan Club to meet and several other non-profit organizations without charge. The organizations ~nclude: Boy Scouts, Girl Scouts, 4-H Livestock Club, 4-H Club, 4-H Adult Steering Commxttee, BAseball Club and the Back Bay Restoration Foundation. 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 16. State the organization's rule, regulation, policy, or practice concerning discrimination on the basis of religious conviction, race, color, sex or natural origin. No dmscrlmination 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. Blackwater-Creeds Foundation President - R~ck Spreder 2401 Pungo R~dge Court V~rg~nza BeAch, VA 23457 (757) 721-3638 Secretary - David Kellam P.O. Box 6037 V~rg~nla Beach, VA 23456 (757) 721-7328 4 Treasurer - Arnold Dawley 1480 Princess Anne Road V~rgln~a Beach, VA 23456 (757) 547-7171 18. In addition to the above, please provide the following information: (a) A copy of the organzzation's most recent audited financial statement (i.e., current balance sheet and income and expense statement for the. organization's last fiscal period). First audit has not been done due to shortness of t~me since Foundation has been established. (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 salaries or compensation paid (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. No salaries (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. 17 ~ercent - only one year data (e) Explain in detail why the C!ty 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 ~nclude in your explanation, the services provided by thetorgan!zation. Please see attached shee . This form was prepared by Richard L. Spreder , whose tmtle with the organization ms Presmdent ( Signature ) 18(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. The Creeds Ruritan Club was Chartered in August 24, 1948. Its sole mission is to provide community service to citizens in the southern part of the City of Virginia Beach. Since the Club was formed, meetings have been held in various churches, Creeds and Blackwater Fire stations and homes of members. This has resulted in great inconvenience to the members and guest. Records and awards for the past forty-eight years have been kept in several places with many being lost. The Club currently has eighty (80) members and many of the previously used facilities cannot accommodate the Club. The Club has been saving money for the past forty years in order to be able to have their own facility that can be a permanent meeting place for the Club and many other non-profit organizations can use without cost. The facility is used as a site for fun raisers such as barbecues. Additionally, the facility is used for rest stops when tours are held in the rural area. The Club permits many non-profit organizations, particularly youth, to use the facility without cost. There are very few facilities available in the southern part of the City for meetings. The facility is named the "Ruritan Community Barn" because of its service and availability to the community. The Foundation seeks tax exemption from personal and real property taxation in order to provide a greater service to the community and the City. The money that we now pay for taxes would be used to pay the utility bill in order that more youth development organizations can benefit. ORGANIZATION Back Bgy Creeds Foundation Byi Name Richard L. Spreder Title President Date December 18, 1996 STATE OF VIRGINIA CITY OF VIRGINIAA BEACH, to-wit: R~chard L. Spreder being duly sworn, deposes and says that he/she is the President (title) of the Back Bay Creeds Foundation (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. r~ Of f i cer) Subscribed and sworn to before me this I ~' day Not,af ubZic My Commission Expires / / - 22 - Item V-J.l.c. RESOLUTIONS ITEM # 41685 L. Clifford Schroeder, President - Last Great Waters Foundation, Richmond, Phone: 358-9950 Maxine Graham, 3057 South Sandpiper Road, registered in OPPOSITION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DENIED: Resolution re legislation designating real and personal property as being EXEMPT from state, local real and personal property taxation: The Last Great Waters, Inc. and its subsidiary Great Waters, Inc. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 - 23 - Item V-J.2. RESOLUTIONS ITEM tt 41686 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re issuance of the Virginia Beach Development Authority's Multi-Family Housing Mortgage Revenue REFUNDING BOND, Series 1987, to the Suffolk Redevelopment Housing Authority re: Oak Springs Apartments, L.L.C. $4,655,000 10-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf,, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm provides legal services to the applicant. January 28, 1997 RESOLUTION APPROVING THE ISSUANCE OF REFUNDING REVENUE BONDS (Oak Springs Apartments, L.L.C. Project) WHEREAS. the City of Virginia Beach Development Authority (the "Authority") has considered the request of Oak Springs Apartments, L.L.C., a Virginia limited liability company (formerly Oak Springs Associates, a Virginia general partnership) (the "Borrower"), to the Suffolk Redevelopment and Housing Authority (the "Issuer") for the issuance of the Issuer's variable rate revenue refunding bonds in an amount not to exceed $4,655,000 (the "Bonds") to refinance the Issuer's $4,655,000 Multi-Family Housing Mortgage Refunding Revenue Bonds, Series 1987 (Oak Springs Associates Project) (the "1987 Bonds"), the proceeds of which were used to refund the Issuer's $4,700,000 1983 Special Revenue Bond (Oak Springs Associates Facility) (the "1983 Bond"), the proceeds of which were used to finance the acquisition, construction and equipping of a multifamily rental housing project consisting of one hundred fifty-two (152) dwelling units now known as "Willow Lake Apartments" in the City of Virginia Beach, Virginia (the "Project"), and has held a public hearing thereon on January 21, 1997; and WHEREAS, the Authority has recommended that the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the refunding of the 1987 Bonds and the issuance of the Bonds by the Issuer to comply with § 147(0(2) of the Internal Revenue Code of 1986, as amended, and proposed final Treasury regulations issued thereunder; and WHEREAS, a copy of the fiscal impact statement and the Authority's resolution recommending approval of the Bonds by the Council, and a record of the public hearing held thereon has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: o The Council approves the refunding of the 1987 Bonds and further approves the issuance of the Bonds by the Issuer for the benefit of the Borrower to the extent of and as required by § 147(0(2) of the Internal Revenue Code of 1986, as amended, to permit the Issuer to assist in the refunding of the 1987 Bonds. , The approval of the issuance of the Bonds, as required by § 147(0(2) of the Internal Revenue Code of 1986, as amended, does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower, and the Bonds shall provide that neither the City, the City of Suffolk, the Authority nor the Issuer shall be obligated to pay the Bonds or interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the 1-89715 IlGRF LQ$ 12112196 Commonwealth, the City, the City of Suffolk, the Authority or the Issuer shall be pledged thereto. . This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on January 28, 1997. A TRUE COPY: TESTE: City Clerk !-89715 IIGRF LQS 12/12/96 EXItlB1T A ' NOTICE OF PUBLIC HEARING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON PROPOSED REFUNDING REVENUE BOND FINANCING Notice is hereby given that a public hearing will be held before the City of Virginia Beach Development Authority (the "Authority", on the proposed issuance by the Suffolk Redevelopment and Housing Authority (the "Issuer") of its Variable Rate Multifamily Housing Refunding Revenue Bonds (Oak Springs Apartments, L.L.C. Project), Series 1997 (the "Bonds") in the aggregate principal amount not to exceed $4,655,000, pursuant to a plan of financing and the approval of such Bonds by the Authority and the Issuer and by the City Council of the City of Virginia Beach (the "Virginia Beach City Council") and the City ,Council of the City of Suffolk (the "Suffolk City Council"). The Bonds will be issued under the authority of Virginia Housing Authorities Law (Chapter 1, Title 36 of the Code of Virginia of 1950, as amended), to refund all or a portion of the Issuer's $4,655,000 Multi-Family Housing Mortgage Refunding Revenue Bonds, Series 1987 (Oak Springs Associates Project) (the "1987 Bonds"), the proceeds of which were used to refund the issuer's $4,700,000 1983 Special Revenue Bond (Oak Springs Associates Facility) (the "1983 Bond"), the proceeds of which were used to finance the acquisition, construction and equipping of a multifamily rental housing project consisting of one hundred fifty-two (152) dwelling units now known as "Willow Lake Apartments" located at 713 Willow Lake Circle, Virginia Beach, Virginia 23452 (the "Project") (the 1987 Bonds and the 1983 Bond are sometimes hereinafter collectively referred to as the "Prior Bonds"). The issuance of the Bonds as requested by Oak Springs Apartments, L.L.C., a Virginia limited liability company (previously known as Oak Springs Associates, a Virginia general partnership) (the "Borrower") will not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, the City of Suffolk, Virginia, or the City of Virginia Beach, Virginia. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and the Issuer, nor the City of Suffolk, Virginia, nor the City of Virginia Beach, Virginia shall be obligated to pay the Bonds, or the interest therein, or other costs incident thereto, except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, nor any political subdivision thereof, is pledged to the payment of principal of such Bonds or the interest thereon, or other costs incidental thereto. , The public hearing, which may be continued or adjourned, will be held at 8:30 a.m. on Tuesday, January 21, 1997 before the Authority at One Columbus Center, Suite 300, Virginia Beach, Virginia. Any persons interested in the issuance of the Bonds or location or nature of the project, may appear at the hearing and present his or her views and may send written comments before such hearing to: City of Virginia Beach Development Authority, One Columbus Center, Suite 300, Virginia Beach, Virginia 23462. The address and principal place of business of the Borrower is: c/o Clark Whitehill Enterprises, Inc., 4224 Holland Road, Virginia Beach, Virginia 23452. THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ! Cha i rman G \ \OWIP\DA1339 IRB EXi{IBIT A The Virginian-Pilot State of Virginia City of Norfolk to wit: AFFIDAVIT This day, LISA Y. WELLS personally appeared before me and after being duly sworn made oath that: 1) She is LEGAL AFFIANT of The Virginian-Pilot, a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia; 2) That the advertisement hereto annexed of "BOND" has been published in said newspaper during the following dates: JANUARY 6, 1997 Legal Affiant Subscribed and sworn to before me in my city and state aforesaid this 6th day of JANUARY, 1997 My commission expires October 31, 2000 Notary Public EXtlIBIT A The Virginian-Pilot State of Virginia City of Norfolk to wit: AFFIDAVIT This day, LISA Y. WELLS personally appeared before me and after being duly sworn made oath that: 1) She is LEGAL AFFIANT of The Virginian-Pilot, a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia; 2) That the advertisement hereto annexed of "BOND" has been published in said newspaper during the following dates: JANUARY 13, 1996 Legal Affiant Subscribed and sworn to before me in my city and state aforesaid this 15th day of JANUARY, 1996 My commission expires October 31, 2000 Notary Public EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Oak Springs Apartments, L.L C ProJect) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Oak Springs Apartments, L Ir C, a Vlrgima limited liability company (formerly Oak Springs Associates, a V~rg~nla general partnership) (the "Borrower"), and that a notice of the heanng was published once a week for two consecutive weeks in a newspaper having general c~rculation ~n the City of Virginia Beach, Virginia, the first publication being not less than fourteen (14) days prior to the hearing and the second publication being not more than twenty-one (21) days prior to the hearing The Chairman indicated that a copy of the notice and a certificate of pubhcat~on of such notice have been filed with the records of the City Council of the City of Virg~ma Beach. The following individuals appeared and addressed the Authority. Mr Guy R. Friddell, III appeared on behalf of the Borrower. Mr. Friddell gave a brief description of the Project (below defined). He explained that this was a refunding of the Suffolk Redevelopment and Housing Authority's (the "Issuer") $4,655,000 Multi-Family Housing Mortgage Refunding Revenue Bonds, Series of 1987 (Oak Springs Associates Project), the proceeds of which were used to refund the Issuer's $4,700,000 1983 Special Revenue Bond (Oak Spnngs Associates Facility), the proceeds of which were used to finance the acqmsition, construction, and equipping of a multifamily rental housing project conmst~ng of one hundred fifty-two (152) dwelling units now known as "Willow Lake Apartments" located at 713 Willow Lake Circle, Virginia Beach, Virginia 23452 (the "Project") He related that the Project was 1-89293 1 completed in 1984 and public approval was given prior to the issuance of the original bond financing in 1983. The approval ~s being renewed at th~s time as technically required by the Internal Revenue Code because the weighted average life of the bonds ~s being extended. The original benefits of this ProJect - the provision of safe, attractive and sanitary housing for low to moderate income families within the City of Virginia Beach will continue under the refinancing. The refinancing will preserve and extend the restrictions placed upon the property when the initial bond financing was entered into in 1983, thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable to these apartments will continue. He closed his remarks by estimating an issuance date for the Bonds of late January, 1997. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City Council of the City of Virgima Beach, Virginia approve the issuance of the proposed financing and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 1-89293 I EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (Oak Springs Apartments, L.L.C. Project) WHEREAS, there has been presented to the City of Virginia Beach Development Authority (the "Authority") by and on behalf of Oak Springs Apartments, L.L.C., a Virginia limited liability company (formerly Oak Springs Associates, a V~rglnia general partnership) (the "Borrower"), its plans to refinance the Suffolk Redevelopment and Housing Authority's (the "Issuer") $4,655,000 Multi-Family Housing Mortgage Refunding Revenue Bonds, Series 1987 (Oak Springs Associates Project) (the "1987 Bonds"), the proceeds of which were used to refund the Issuer's $4,700,000 1983 Special Revenue Bond (Oak Springs Associates Fac~hty) (the "1983 Bond"), the proceeds of which were used to finance the acquis~non, constructmn and eqmpping of a multifamdy rental housing project consisting of one hundred fifty-two (152) dwelling units now known as "Willow Lake Apartments" located at 713 Willow Lake Circle, Virg~ma Beach, V~rg~ma 23452 (the "Project"); and WHEREAS, the Borrower has described to the Authority the benefits which the Project will connnue to bring to the City of Virgima Beach, Virginia, and its environs through the provision of housing, twenty percent (20%) of which Is for occupancy by ~ndividuals of low or moderate income, and has requested the Issuer to agree to issue ~ts mortgage revenue refunding bonds pursuant to the V~rg~ma Housing Authorities Law (Chapter 1, T~tle 36 of the Code of V~rg~ma of 1950, as amended) (the "Act") in a pnnclpal amount not to exceed $4,655,000 (the "Bonds") to refund all or a pomon of the 1987 Bonds, and WHEREAS, the Authority has caused a notice of public hearing to be published in a newspaper of general circulation in the City of V~rglnia Beach, Virginia and in the City of Suffolk, Virginia, and has this date held a public heanng, all ~n accordance with the provisions of § 147(f)(2) of the Internal Revenue Code of 1986, as amended, proposed final Treasury Regulations ~ssued thereunder and § 15.1-1378.1, Code of Virginia, 1950, as amended, and other apphcable laws of the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. After considering the Borrower's request to the Issuer for revenue bond financing in a public hearing held on January 21, 1997 pursuant to proper notice, all as provided in §147(f)(2) of the Internal Revenue Code of 1986, as amended, proposed final Treasury Regulations issued thereunder, and the applicable laws of the Commonwealth of Virginia, the Authority hereby finds and determines that the issuance of the Bonds to refund the 1987 Bonds, to proceeds of which were used to refund the 1983 Bond, the proceeds of which were used to finance the acquisition, construction, and equipping of the Project located in the City of Virginia 1-89573 I Beach, Virginia by the Borrower and providing housing opportunities for citizens of low or moderate income, will be of benefit to the City of Virginia Beach, Virg~ma. 2. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds by the Issuer and directs the Chairman of the Authority to transmit the Fiscal Impact Statement and a copy of this resolution to the City Council of the City of V~rginia Beach, Virginia. 3 The proper representative of the Authority is hereby authorized and directed to transmit this recommendation to the members of the City Council of the C~ty of Virginia Beach, V~rginia at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing 4. This Resolution shall take effect immediately upon its adoption. Adopted this 21 st day of January 1997 ~[Secreta~y ~~~ City of Virginia Beach Development Authority 1-89573 I 2 EXHIBIT D DISCLOSURE STATEMENT Date~ December ~.~, 1996 Appltcant's Name(s) Oak Springs Apartments, L L C,, a V~rgm, m Irrupted Itabtlt~y company (~ormerly Oak Springs Assocmtes. a Virgm;a gcneral parlncrshlp) Ail Owners Of different from apphcant) Type of Application: Rezonmg From Cond~.onal Use Permit Street Closure To Subd~vlsion Variance Other Refunding Bond Issue The following ns to be completed by or for the Applicant: I If the applicant ~s a CORPORATION, hst all the officers of the Corporation If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Orgamzat~on, list all members or partners ~n the orgamzat~on Nancy L Clark, Manager Howard M Welsberg, Manager Charlotte Graham Clark, Member Stephen B Clark, Member The following ~s to be completed by or for the Owner (,7,t,[f,',',',,, fr,,,. ~h,, If the owner is a CORPORATION, list ali the officers of the Corporation if the owner is a PARTNERSHIP, FIRM or other Unincorporated Orgamzanon, hst all members or panners m the orgamzat~on OAK SPRINGS APARTMENTS, L L C Manager !-90441 I VIRGINIA BEACH EXHIBIT E Development Authority One Columbus Center, State 300 V~rgmla Beach, VA 23462 (804) 499-4567 FAX (804) 499-9894 Kenneth F Palmer, Chairman Robin D. Ray, Vice-Chairman F Dudley Fulton, Treasurer Kenneth D Barefoot, Secretary W Brantley Basmght III David A King, Jr Thomas J Lyons, Jr SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY MULTIFAMILY HOUSING MORTGAGE REFUNDING REVENUE BONDS (OAK SPRINGS APARTMENTS, L.L.C. PROJECT) SERIES 1997 The Authority recommends approval the captioned financing. The Willow Lake Apartments facility (the "Project") was built in 1983/1984 and public approval was given prior to the issuance of the original bond financing in 1983. The approval is being renewed at this time as technically required by the Internal Revenue Code because the weighted average life of the bonds is being extended. The original benefits of this Project - the provision of safe, attractive and sanitary housing for low to moderate income families within the City of Virginia Beach- continues to be the basis for recommendation. The refinancing will preserve and extend the restrictions placed upon the property when the initial bond financing was entered into in 1983, thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable to these apartments will continue. EXllT BI']' !,' FISCAL IMPACT STATEMENT CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (Oak Springs Apartments, EEC. Project) DATE January ,1997 '!'0 '!'! IE CITY COUNCIL OF Ti IE CITY OF VIRGINIA BEAC! I, VIRGINIA PROJECT NAME: Oak Springs Apartments, L.L C., a Virginia limited liability company TYPE OF FACII~ITY: A 152-unit multifamily rental housing project known as "Willow Lake Apartments," located at 713 Willow Lake Circle in the City of Virginia Beach, V~rginia 1. Maximum amount of financing sought: $ 4,655,000 00 2 Taxable value of the facility's real property $ 6,634,482.00 3 Real property tax per year using present tax rates $ 80,940,.68 4 Personal property tax per year using present tax rates $ N/A 5. Merchants' capital tax per year using present tax rates $ N/A Estimated dollar value per year of goods and services purchased locally $ 318,897.00 7 Number of regular employees on year-round basis 8 Average annual salary per employee $ 20,296,00 The information contained in this Statement is based solely on facts and estimates provided by Oak Springs Apartments, L.L.C., and the City of Virginia Beach Development Authority has made no independent investigation with respect thereto. THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BY: EXHIBIT G SUMMARY SHEET SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY VARIABLE RATE MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (OAK SPRINGS APARTMENTS, L.L C. PROJECT) SERIES 1997 I PROJECT NAME: 2. LOCATION. , , DESCRIPTION OF PROJECT AMOUNT OF BOND ISSUE: PRINCIPALS' ZONING CLASSIFICATION: a. Present zoning classification of the Property: b. Is rezoning proposed? c. If so, to what zoning classification? Oak Springs Apartments, L.L.C Project 713 Willow Lake Circle Virginia Beach, Virginia 23452 Refinance, the Suffolk Redevelopment and Housing Authority s $4,655,000 Multi-Family Housing Mortgage Refundin$ Revenue Bonds, Series 1987 (Oak Springs Assocmtes Project), the proceeds of which were used to refund the Authority's $4,700,000 1983 Special Revenue Bond (Oak Springs Associates Facility), the proceeds of which were used to finance the acqmsit~on, copstruction and equipping of a multifamfiy rental hcumng project consisting of 152 dwelling ,units now kpown as "WiliowLake Apartments' located at 713 Willow Lake Circle, Virginia Beach, Virginia 23452. $4,655,000 Nancy L. Clark, Manager Howard M. Weisberg,Manager Charlotte Graham Clark, Member Stephen B. Clark, Member Yes No X N/A The Authority recommends approval the captioned financing. The Project was built in 1983/1984 and public approval was given prior to the issuance of the original bond financing in 1983. The approval is being renewed at this time as technically requiredby the Internal Revenue Code . because the weighted average life of the bonds are being extended. The original benefits of this Project - the provision of safe, attractive and sanitary housing for Iow to moderate income families within the City of Virginia Beach - continues to be the basis for recommendation. The refinancing will preserve and extend the restrictions placed upon the property when the initial bond financing was entered into in 1983, thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable to these apartments will continue. 1-71256 I/GRF LCQ 8/29/96 Exhibit H City of Virginia Beach INTER-OFFICE CORRESPONDENCE DATE: January 16, 1997 TO' Robin Ray, Chairman Virginia Beach Development Authority FROM: Andrew M. Friedman, Director Department of Housing and Neighborhood Preservation SUBJECT: City of Virginia Beach Development Authority Multifamily Rental Housing Refunding Revenue Bonds (Oak Springs Apartments, L.L.C. Project) Series 1997. The referenced project, Oak Springs Apartments, located in Virginia Beach, Virginia must, as a requirement of the original financing, rent at least 20 percent (20%) of its units to individuals of Iow or moderate Income, meeting certain requirements. To the extent the project is being managed in accordance with these requirements, it is fulfilling the original purpose of providing this funding. In addition, since the issuance of the referenced refunding bonds will extend the effective period of the applicable requirements and property restrictions, it will provide additional benefits. Therefore, I recommend approval of the refunding bonds. AMF/ph F:inbalketlpharvle~oak EXHIBIT I PROJECT LOCATION MAP - 24 - Item I~-J.3. RESOLUTIONS ITEM # 41687 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re the TRANSFER and ASSIGNMENT of the City's Cable Television Franchise from Cox Cable Virginia. Beach, Inc., to COXCOM, INC., a wholly-owned subsidiary of Cox Communications, Inc. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 A RESOLUTION CONSENTING TO, AND APPROVING, THE TRANSFER AND ASSIGNMENT OF THE CITY OF VIRGINIA BEACH CABLE TELEVISION FRANCHISE FROM COX CABLE VIRGINIA BEACH, INC., TO COXCOM, INC., A WHOLLY-OWNED SUBSIDIARY OF COX COMMUNICATIONS, INC. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, by ordinance adopted May 7, 1991, and entitled "City of Virginia Beach Cable Television Franchise Ordinance for Cox Cable Virginia Beach, Inc." ("Franchise Ordinance"), the City of Virginia Beach ("City") granted a franchise ("Franchise") to Cox Cable Virginia Beach, Inc. ("Cox Cable") to operate a cable television system in the City; WHEREAS, Cox Cable is a wholly-owned subsidiary of Cox Communications, Inc. ("Cox Communications"); WHEREAS, Cox Communications is in the process of consolidating its many subsidiaries into a smaller number of subsidiaries for the purpose of improving operational efficiency, reducing administrative burdens, and simplifying its organizational structure; WHEREAS, as part of this consolidation process, Cox Communications desires to merge Cox Cable into CoxCom, Inc. ("CoxCom"), and to transfer and assign the Franchise from Cox Cable to CoxCom; WHEREAS, CoxCom will also be a wholly-owned subsidiary of, and will receive all of its financing from, Cox Communications; WHEREAS, Cox Communications has indicated that it will guarantee the performance of CoxCom under the Franchise Ordinance; WHEREAS, pursuant to Section 12.02 of the Franchise Ordinance, Cox Cable must obtain the approval of the City prior to any transfer and assignment of the Franchise to a third party, including its parent company or any wholly-owned subsidiary thereof; and WHEREAS, based upon information received from Cox Communications, the City is satisfied that CoxCom possesses the legal, technical and financial qualifications to fully comply with the terms and conditions of the Franchise Ordinance for the remainder of its term. 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby consents to, and approves, the transfer and assignment of the City of Virginia Beach Cable Television Franchise from Cox Cable Virginia Beach, Inc., to CoxCom, Inc., subject to compliance by Cox Communications and CoxCom with the following terms and conditions within thirty (30) days of the date of adoption of this Resolution: 1. CoxCom's execution of an acceptance agreement, in a form acceptable to the City Attorney, by which CoxCom agrees to accept, and be bound by, all of the requirements of the Franchise Ordinance; and 2. Cox Communication's execution of a corporate guaranty, in a form acceptable to the City Attorney, by which Cox Communications agrees to guarantee prompt and satisfactory compliance by CoxCom with all of the requirements of the Franchise Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of 3anuar¥ , 1997. 57 58 59 60 CA-6496 ORD IN \ NONCOD E \ COX COM1. RES R-1 PREPARED: 02 / 21/97 APPROVED AS TO LEGAL Department of Law Item OigDINANCE$ ITEM # 41688 ~Jpon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED BY CONSENT in ONE MOTION Ordinances Items 1, 2, 3, 4, 6, 7 and 8. Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: lVone January 28, 1997 - 26 - Ittm V-K.1. CONSENT AGENDA ORDINANCES ITEM # 41689 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ,4DOPTED: Ordinance to AMEND and REORDAIN Chapter 18 of the City Code re business licenses (BPOL) by incorporating provisions of legislation recently enacted by the General Assembly. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 18 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO BUSINESS LICENSES BY INCORPORATING PROVISIONS OF LEGISLATION RECENTLY ENACTED BY THE GENERAL ASSEMBLY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 18-2, 18-5, 18-10.1, 18-16, 18-33, and 18-84 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Sec. 18-2. Definitions. Except where the context clearly indicates a different meaning or there is an express provision to the contrary, the following words and phrases, when used in this chapter, shall have the following respective meanings: "Affiliated group" means-. (a) One or more chains of includible corporations connected through stock ownership with a common parent corporation which is an includible corporation if: (i) Stock possessing at least eighty percent of the voting power of all classes of stock and at least eighty percent of each class of the nonvoting stock of each of the includible corporations, except the common parent corporation, is owned directly by one or more of the other includible corporations; and (ii) The common parent corporation directly owns stock possessing at least eighty percent of the voting power of all classes of stock and at least eighty percent of each class of the nonvoting stock of at least one of the other includible corpora- tions. As used in this definition, the term "stock" does not include nonvoting stock which is limited and preferred as to dividends. The term "includible corporation" means any corporation within the affiliated group irrespective of the state or country of its Il Il incorporation; and the term receipts includes gross receipts and gross income. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 (b) Two or more corporations if five or fewer persons who are individuals, estates or trusts own stock possessing: (i) At least eighty percent of the total combined voting power of all classes of stock entitled to vote or at least eighty percent of the total value of shares of all classes of the stock of each corporation; and (ii) More than fifty percent of the total combined voting power of all classes of stock entitled to vote or more than fifty percent of the total value of shares of all classes of stock of each corporation, taking into account the stock ownership of each such person only to the extent such stock ownership is identical with respect to each such corporation. When one or more of the includible corporations, including the common parent corporation, is a nonstock corporation, the term "stock" as used in this definition shall refer to the nonstock corporation membership or membership voting rights, as is appro- priate to the context. "Assessment" means a determination as to the proper rate of tax, the measure to which the tax rate is applied, and ultimately the amount of tax, including additional or omitted tax, that is due. An assessment shall include a written assessment made pursuant to notice by the assessing official or a self-assessment made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made by an assessing official when a written notice of assessment is delivered to the taxpayer by the assessing official or an employee of the assessing official, or mailed to the taxpayer at his last known address. Self-assessments shall be deemed made when a return is filed, or if no return is required, when the tax is paid. A return filed or tax paid before the last day prescribed by this chapter or any other provision of law for the filing or payment thereof shall be deemed to be filed or paid on the last day specified for the filing of a return or the payment of tax, as the case may be. 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 "ASsessor" means the commissioner of the revenue of the City of Virginia Beach. "Base year" means the calendar year preceding the license year, except for contractors subject to the provisions of S 58.1- 3715 of the Code of Virginia, as amended. "Business" means a course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. It implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person may be engaged in more than one business. The following acts shall create a rebuttable presumption that a person is engaged in a business: (i) advertising or otherwise holding oneself out to the public as being engaged in a particular business; or (ii) filing tax returns, schedules and documents that are required only of persons engaged in a trade or business. "Definite place of business" means an office or a location at which occurs a regular and continuous course of dealing for thirty consecutive days or more. A definite place of business for a person engaged in business may include a location leased or othe~ise obtained from another person on a temporary or seasonal basis; it may also include real property leased to another. A person's residence shall be deemed to be a definite place of business if there is no definite place of business maintained elsewhere and the person is not licensable as a peddler or itinerant merchant. Financial services" uhall ....... ~ -~-"~-~ ~- .............. compcnuation 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 Credit Union= ,d- & & · ~ & & ,k~',,.,, 4..~ vv~,w.~. Jm.,.E. & &q,..~ ~,,~.4.&~L.W.&. t.,,..,4..d, d,,. &~zt,.,~ t.4, k,~q,..q,.,4, ,.&.&&~,,&&q... q,,.4, q,..-.b .&.&&-L %,,.--L%.,~&& q,,.~.&. J-- ,.I.&&1,.4, J.&~,."..I.'~.'& J- m.W",..d, v ,,&.'q,.~'~.~k.~ · &.,rd,. ~.~.rb~...,d. &&m~m.%,,&ma m.,,&J,a %,4, q.,~ ~..,,,m& ~.., q,.~d,., ~1, ~,,,~,~.,.J' ~,...,,a. vd. ~E, k.~q~,,,I..d.q,.-.&. Z.,~ ~,~. ~..4, .,&. ~.- d- , d-Vd- ,L..,~ t.,4, d- L.~, -..,~ b.,~ ~.. ~,.~, ~,~d- %.,.A & ..&., b.~, ~.~ & & ,,.,w, ,,~ ...,. w.,,,, d- ,k~ & A -.4..&..i.. &u~... ih&& & ~,,,4. & A .,~ hcr own .... UA,., ..... .~ .*.v, ,..,.."1 '14--.,,. --..--,..--44-4 ..,-, 4=----- %.,4 ... .-,,.,.., %., ......... .~...~4- 4--.34,.,.4..3...-.'11,.. ..,..-- 4 ..... ,,d:'4.3....,.4 .~.~. ...,...,,,........,44-,.. '1....4- --...4- "~ ..... ':4-" " ~ ............ ~ 4-~"- -~-4-,`- =hall s,.,/~.~, q,..~ m,4. d- .,&.. m,,,. ~,~ , d- ~.,~. J- ,Lb,r q,.4, d- ,L~I, m.,~ i,.,~ ~.- k.~ vd- ~,.i,& A .,i., m.,F %.~ & ,& ~4,,L.~, ~,,,,, ~,, d- ..... ~'4-"-- 4-~,` -'~- of ..... "4-"~- yi selling, d- ~ ....... ~ ........ ~ .......... means the bu ng, handlinq, managing, investing, and 9roviding of advice regarding money, credit, securities, or other investments· 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 "Gross receipts" means the whole, entire, total receipts attributable tc ~-~..~ ~...~ ~: ..... ~ --;"~'~ ~. ~~ ~ ~-~, without deduction~. ~ "License year" (EffeGtive May 1, 1996 through DeG~er 31, 1995) means the perio~ from May 1, 1996 to December 31, 1996). "License year" (Dela~e~ effective ~ate), effective January 1, 1997, means the calendar year for which a license is issued for the privilege of engaging in business. othcr ..... ~ ..... ~ flpcoifioally "Professional services" _~_a ~ ....... ~-~-- ...................... ~ any ~crvicc 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 2O0 201 202 203 Land curvcycr= .............. means serv ces De o~ed arc ects, attorneys-at-law, certified public accountants, dentists, engineers, land surveyors, surgeons, veterinarians, and practitioners of the healing arts (the arts and sciences dealing with the prevention, diaqDos~s, %reatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities) and such occupations, and no others, as the Department of Taxation may list in the BPOL guidelines promulgated pursuant to ~ 58.1-3701 of the Code of Virginia. The word "profession" implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others rather than for personal profit. "Purchases" -~ ~ ~ all ---~ ........ ~ -~--~- ~-- ................................ means all qoods, merchandise received for sale at each definite place of business of a wholesale merchant. The term shall also include the cost of 204 2O5 manufacture of all goods, wares and merchandise manufactured by any wholesale merchant and sold or offered for sale. A wholesale 206 207 2O8 209 210 211 merchant may elect to report the gross receipts from the sale of manufactured goods, wares and merchandise if it cannot determine the cost of manufacture or chooses not to disclose the cost of manufacture. "Real estate services" 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 i..~,Lv.w.,.~...i..i..&.%,~'*,,L,.&.,.i..Z ,L.wJ- q~ v ,.i.~.4s%,,*~,.& J-'~,.;,d.. -La& m.,.J,,m.d.l.,~ %-,'&ab4,,__/~.~ I.,.,...a. · I..,~qM.%...&a i,.~q,.,.d. · -Lq.~,,.I..~ .d- ,I, & %M,' -L 'M.~,.4.~.., , J,.,f ~M,, 'b,' /~4, J- '~.,,' J, I ~.,~ 'il,, ..i..i. &l.L .I.I., ~,.,. ~,.I Nv, %., ,I. & -4.. d. v ,,.&..i. q,./iI .&.. & &~,,~ · d-,I k.,~ %,.,. m,. '~,.,e ~ %,A ',,.~ w..... & & '~,.. ~,.~, , ,d- '~.,, ~L ,.m. ~.., ~,,.~ ,t.,,. ~.,A ~,,, ~ .,.,~..~.~,.,~.,d- ,.., ~.,& d- ~...~d.d. L"d- vL""--*& Tl~ A 4mi, aI A jill 4~ q ~BA .ill, d.~d' A t ,~r~ dl~B ~i~t. "l~ A 1JIP A 4k~ dill 4mi, 4B~l, j~ ......... ~c .... ford-~-~ ~_~ means providinq a service with respect to the purchase, sale, lease, rental or appraisal of real property. ,&~.i%.,..&. %,.,,.&&,/M.J,& ,b,, Iv&&q,,~ k.?'%M, ,.&. ,,&., k.m ,~ ,%,~vq,.4. b..~, w ~.4, J- 1m.l,l~ '~d,& &'~4, ,&&l%.-,&, ~M'&&%.4. J,&~4..&. k,~.M, .i. vJ. %.~%..~& &m..? ,bi.,&Li,LM~ 'b,,,d.'%.~& a J'"'f,.Z ~,.&J.%..., ,~ qM.,,&. ~.,,&&~,.4, k~ T,,..,d. ~.r4. v %.pJ.&~.,..&. ,b...&J.a,& & Jl~4,,.Z i~l.&,&w~M. ,,LMi~,~4,,.&. %~l~&&ql4, h.,?q,,,~,&. , ,iM~%s4, %,M, %.,4~q,,,,/~.,,,,m..i, &ay %.,,, ,,&.,&aq,.,~.i.~.4.q,.4. q,.. i,~4,..&.q...,I,.~ .,I.J, Ak..? ~,.,.I. %.,,,IM. l....I, vJ, a~4..a., 'q,.~'m.~,l,&LJ.U.~,..,.I. '~,,,".&. 1.4.,.&. q,.&& i~,.4. ,d..,i &"k4b4. k..~ q,.,,,,i..&.~.4. ,.,I. 'm,4.1,,,~,..4., Ik.? · II,.,,..d-~' ...., .,.,.,,..~" ---" chall mcan ...... ~ ~ ........... -2 u ......... ....................~_~ ,.-.,,d- ,..,..,.....,.. mcan any .L~,.&.i. ~l~aA~,.&k.?~.M.I. , .i.&a~,~.L ~l&qi.A..I.&&q~ bl?~L.d.v~Mk~ I~aa~lP&a q..,L&V~, q~ VV%.&Ii~ I wM,,i, q,.-t~ I~4&&~14. &~l.,J. ._.~,..:'.-.~,. ~,. ........ .~' 4-%,. ..... 4-,.:'4- .... .: ..... a..T,...,.,,-- 4- .... .:'--.3.:'--.4-.. WA&.6.~i~&A M~l.~q,l&t.~v41., Vd. ~l, am~,,, ~q,&q.~aa%l-d. Ib,.Z ~ .L~d- d.~l~q,i..I vd- v ~&mT,,,,d- ql/q~l.d-.ilAbl? .a.&&~d..I.~.~4, qlpVM.. ~,,&a 239 240 241 242 243 244 245 246 Sec. 18-5. General requirements. (a) Every person who, in the City of Virginia Beach, engages in any business, trade, profession, occupation or calling (collectively hereinafter a "business") as defined in this chapter, unless otherwise exempted by law, shall apply for a license for each such business if (i) ~'~ 4-~ ...... ~ --~,`--;~-~ ..... :-~- 7 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 27O 271 272 273 274 275 276 277 278 279 280 281 -~-~ ..... ~~ ~ ~ =~ 1-3715 ~f ~ ~ ~ -~ "~--~-~ ....... ~ the person has definite ~e~n~e pZa~e o~ b~e~ a~e~e a~ ~e pe~eo~ ~e~e~ ~ ~e ~a~YaZ, ~u~, ~o~a~o~ eub~e~ ~o S 58.~-~7~5 o~ ~e ~o~e o[ Y~~a, o~ a pubZ~ ~e~Y~oe ~o~po~a~o~. ~ ~ep~a~e Z~oen~e b~e~. ~ pe~o~ e~gage~ ~ ~o o~ ~o~e b~e~e~ o~ p~o~e~- ~o~ ~a~e~ o~ a~ ~e ~a~e pZa~e o~ [oZZo~g ~e~a a~e ~a~~e~: (~) ea~b bu~ee~ o~ p~o~e~o~ ~ Z~e~abZe a~ ~e Zo~a~o~ a~ ~as ~a~~e~ ~ ~e~u~e~e~ ~poee~ b~ ~a~e Za~ o~ o~e~ p~oY~o~ o~ ~e o~a~e~ o~ ~e g~os~ ~e~e~p~. ~o~u~ a bu~e~, o~pa~o~ o~ p~o~e~o~ o~ ~o 282 283 284 285 286 287 288 289 290 first obtaining the requisite license and any tag, sign or other evidence thereof required by this chapter. (c) Unless otherwise provided, violation of this section shall constitute a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) and each day of default shall constitute a separate offense. Conviction of such violation shall not relieve any person from the payment of any license tax imposed by this chapter. 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 Sec. 18-10.1 Situs of gross receipts. (a) General rule. Whenever the tax imposed bythis ordinance is measured by gross receipts, the gross receipts included in the taxable measure shall be only those gross receipts attributed to the exercise of a licensable privilege at a definite place of business within the City of Virginia Beach. In the case of activities conducted outside of a definite place of business, such as during a visit to a customer location, the gross receipts shall be attributed to the definite place of business from which such activities are initiated, directed, or controlled. The situs of gross receipts for different classifications of business shall be attributed to one or more definite places of business or offices as follows: (1) The gross receipts of a contractor shall be attributed to the definite place of business at which services are performed, or if services are not performed at any definite place of business, then the definite place of business from which services are directed or controlled, unless the contractor is subject to the provisions of § 58.1-3715 of the Code of Virginia, as amendedvl (2) The gross receipts of a retailer or wholesaler shall be attributed to the definite place of business at which sales solicitation activities occur, or if sales solicitation activities do not occur at any definite place of business, then the definite place of business from which sales solicitation activities are directed or controlledv; however, a wholesaler or distribution 9 317 318 319 320 321 house subject to a license tax measured by purchases shall determine the situs of its purchases by the definite place of business at which or from which deliveries of the purchased goods, wares or merchandise are made to customers. Any wholesaler who is subject to a license tax in two or more localities and who is 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 subject to multiple taxation because the localities use different measures, may apply to the Department of Taxation for a determination as to the proper measure of the purchases and qross receipts subject to the license tax in each locality; (3) The gross receipts of a business renting tangible personal property shall be attributed to the definite place of business from which the tangible personal property is rented or, if the property is not rented from any definite place of business, then the definite place of business at which the rental of such property is managedT; and (4) The gross receipts from the performance of services shall be attributed to the definite place of business at which the services are performed or, if not performed at any definite place of business, then the definite place of business from which the services are directed or controlled. (b) Apportionment. If the licensee has more than one definite place of business and it is impractical or impossible to determine to which definite place of business gross receipts should be attributed under the general rule ~-~ ~ ~-~ .... ~ the gross receipts of the business shall be apportioned between the definite places of businesses on the basis of payroll. Gross receipts shall not be apportioned to a definite place of business unless some activities under the applicable general rule occurred at, or were controlled from, such definite place of business. Gross receipts attributable to a definite place of business in another jurisdiction shall not be attributed to the City of Virginia Beach in thc event solely because the other jurisdiction does not impose a tax on the gross receipts l0 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 attributable to the definite place of business in such other jurisdiction. (c) Agreements. The commissioner of the revenue may enter into agreements with any other political subdivision of Virginia concerning the manner in which gross receipts shall be apportioned among definite places of business. However, the sum of the gross receipts apportioned by the agreement shall not exceed the total gross receipts attributable to all of the definite places of business affected by the agreement. A; ~A _~ ...... ~ ~- -~4A~ ~ ~ ............. ~. Upon being notified by subdivisions in which the taxpayer is licensed to engage in taxes on more than 100% of its gross receipts from all locations in the affected jurisdictions, the commissioner of the revenue shall make a good faith effort to reach an apportionment agreement with the other political subdivisions involved. If an agreement cannot be reached, either the commissioner of the revenue or the taxpayer may seek an advisory opinion from the Department of Taxation pursuant to ~58.1-3701 of the Code of Virginia, as amended; and notice of the request shall be given to the other party. Notwithstanding the provisions of ~ 58.1-3993 of the Code of Virginia, as amended, when a taxpayer has demonstrated to a court that two or more political subdivisions of Virginia have assessed taxes on gross receipts that may create a double assessment within the meaning of ~ 58.1-3986 of the Code of Virginia, the court shall enter such orders pending resolution of the litigation as may be necessary to ensure that the taxpayer is not required to pay multiple assessments even though it is not then known which assessment is correct and which is erroneous. 383 384 385 Bec. 18-16. Penalties and interest for late payment of tax. (a) A penalty of ten (10) percent of the tax or t=m dollaru ¥ ..... ), ......... ~ i~ great.r, may be imposed upon the failure to 11 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 file an application or the failure to pay the tax by the appropriate due date. Only the late filing penalty shall be imposed by the commissioner of the revenue if both the application and payment are late; however, both penalties may be assessed if the commissioner of the revenue determines that the taxpayer has a history of noncompliance. In the case of an assessment of additional tax made by the commissioner of the revenue, if the application and, if applicable, the return were made in good faith and the understatement of the tax was not due to any fraud, or any reckless or intentional disregard of the law by the taxpayer, there shall be no late payment penalty assessed with the additional tax. If any assessment of tax by the commissioner of the revenue is not paid within thirty (30) days, the treasurer or other collecting official may impose a ten (10) percent late payment penalty. Any such penalty when so assessed shall become a part of the tax. The penalties shall not be imposed, or if imposed, shall be abated by the official who assessed them, if the failure to file or pay was not the fault of the taxpayer. In order to demonstrate lack of fault, the taxpayer must show that he or she acted responsibly and that the failure was due to events beyond his or her control. For purposes of this section, "acted responsibly" means that: (i) the taxpayer exercised the level of reasonable care that a prudent person would exercise under the same or similar circumstances in determining the filing obligations for the business, and (ii) the taxpayer undertook significant steps to avoid or mitigate the failure, such as requesting appropriate extensions (where applicable), attempting to prevent a foreseeable impediment, acting to remove an impediment once it occurred, and promptly rectifying a failure once the impediment was removed or the failure discovered. "Events beyond the taxpayer's control" include, but are not limited to, the unavailability of records due to fire or other casualty; the unavoidable absence (due to death or serious illness) of the person with the sole responsibility for tax compliance; or the taxpayer's reasonable reliance in good faith upon erroneous 12 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 written information from the commissioner of the revenue, who was aware of the relevant facts relating to the taxpayer's business when the erroneous information was provided. (b) Interest shall be charged on the late payment of the tax from the due date until the date paid without regard to fault or other reason for the late payment. Interest shall be imposed at a rate of nine and six-tenths (9.6) percent per annum during the first year of delinquency and at the rate of ten and eight-tenths (10.8) percent per annum during the second and subsequent years of delinquency. Whenever an assessment of additional or omitted tax by the commissioner of the revenue is found to be erroneous, all interest and penalty charged and collected on the amount of the assessment found to be erroneous shall be refunded together with interest on the refund from the date of payment or the due date, whichever is later. Interest shall be paid on the refund of any license tax paid .._~A_ ~_ ~_~A_ ............... ~ from the date of payment or due date, whichever is later, whether attributable to an amended return or other reason. Interest on any refund shall be paid at the same rate charged under § 58.1-3916 of the Code of Virginia, as amended. (c) No interest shall accrue on an adjustment of estimated tax liability to actual liability at the conclusion of a base year. No interest shall be paid on a refund or charged on a late payment, in event of such adjustment, provided the refund or the late payment is made not more than thirty (30) days from (i) the date of the payment that created the refund, or (ii) the due date of the whichever is later. 448 449 450 451 452 453 8es. 18-33. Limitations, extensions, appeals and rulings. 13 454 455 456 457 458 459 460 461 462 463 464 465 Virgin" ....... ~A~ ...... .. ~A~ ~ .......... .I.%.4,, ~L e,,.~ ,b& &&& '~,. ,& J,'~,A. '~,. q,.,4. ~ ~J. q~,~ v d. qva~.~a ~ a A q~ '·e' '~... v '~,..&, · (a) Whenever, before the expiration of the time prescribed for the assessment of any license tax imposed pursuant to this chapter, both the assessing official and the taxpayer have consented in writing to its assessment after such tame, the tax may be assessed at any time prior to the expSration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon· (b) Notwithstanding .~58.1-3903 of the Code of Virginia, the commissioner of the revenue shall assess the local license tax 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 omitted because of fraud or failure to apply for a license for the current year and the six preceding license years· (c) The period for collecting any local license tax shall not expire prior to the period specified in S 58.1-3940 of the Code of Virqinia, two years after the date of assessment if the period has been extended pursuant to subsection (a) of this section, two years after the final determination of an appeal for which collection has been stayed pursuant to subsection (e) or (q) of this section, or two years after the final decision in a court application pursuant to S 58.1-3984 of the Code of Virginia or similar law for which collection has been stayed, whichever is later· ~a+ (d) Any person assessed with a tax under this chapter as dit ay ithi ~ .... ~A~ ..... ~ ~_ ~ :o the result of an au m w n .... ~ ..... ~ .......... ~ .... ~°~ ~ ~ ~ ~ "~-~ ....... ~ ninety (90) days from the in good faith and sufficiently identify the taxpayer, audit period, remedy sought, each alleged error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayers's contention· The commissioner of the revenue may hold a conference with the taxpayer if requested by the taxpayer, or require submission of additional information and documents, further audit, or other evidence deemed necessary for a proper and 14 489 490 491 492 493 494 495 496 497 498 499 500 501 5O2 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 equitable determination of the applicatione. The assessment shall be deemed prima facie correct. The commissioner of the revenue shall undertake a full review of the taxpayer's claims and issue a determination to the taxpayer setting forth the commissioner's position. Every assessment pursuant to an audit shall be accompanied by a written explanation of the taxpayer's right to seek correction and the specific procedure to be followed in the City of Virginia Beach. +b~ (e) Provided am timely and complete application is made · ..~~ -~-- '~ -- collection activity shall ....... ~ ~0) day~ ~f ......... ~ be suspended until thirty (~C) dayu after th~ ~ final determination is issued by the commissioner of the revenue, unless the commissioner determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of subsection (b) of section 18-16 of this chapter, but no further penalty shall be imposed while collection action is suspended. The term "jeopar- dized by delay" includes a finding that the application is frivolous, or that a taxpayer desires (i) to depart quickly from the locality, (ii) to remove property therefrom, (iii) to hide or hide property therein, or (iv) to do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question. (f) Any person assessed with a local license tax as a result an audit may apply within ninety (90) days of the determination by the commissioner of the revenue on an application pursuant to subsection (d) of this section to the Tax Commissioner for a correction of such assessment. The Tax Commissioner shall issue a 518 519 520 521 522 523 determination to the taxpayer within ninety (90) days of receipt of the taxpayer's application, unless the taxpayer and the commissioner of the revenue are notified that a longer period will be required. The application shall be treated as an application pursuant to { 58.1-1821 of the Code of Virginia, as amended, and the Tax Commissioner may issue an order correcting such assessment 15 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 pursuant to ~ 58.1-1822. Following such an order, either the taxpayer or the assessing official may apply to the appropriate circuit court pursuant to § 58.1-3984 of the Code of Virginia. However, the burden shall be on the party making the application to show that the ruling of the Tax Commissioner is erroneous. Neither the Tax Commissioner nor the Department of Taxation shall be made a party to an application to correct an assessment merely because the Tax Commissioner has ruled on it. (~) On receipt of a notice to file an appeal to the Tax Commissioner under subsection (f) of this section, the commissioner of the revenue shall further suspend col%ection activity until a final determination is issued by the Ta~ commissioner, unless the commissioner determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 accrue in accordance with subsection (b) of section 18-16 of this chapter, but no further penalty shall be imposed while collection activity is suspended. The term "jeopardized by delay" shall have the same meaning as provided in subsection (e) of this section. ~e~ (h) Any taxpayer may request a written ruling from the commissioner of the revenue regarding the application of the tax to a specific situation. Any person requesting such a ruling must provide all the relevant facts for the situation and may present a rationale for the basis of an interpretation of the law most favorable to the taxpayer. Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if (i) there is a change in the law~ (~--~"~-- .......... ~ a court decisions+~ or the guidelines issued by the Department of Taxation upon which the ruling was based, or (ii) the commissioner of the revenue notifies the taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any person who acts in reliance upon a written ruling which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in effect. 16 559 560 561 562 563 564 565 566 567 568 569 570 571 572 Sec. 18-84. Gr&in dealers. Every person doing business in the city as a wholesale grain buyer, buying and selling commercial grain, except wheat grain, at wholesale, in or for his own name~ -~-~' ..... '~ ..... ~ .... ~ :xc:od 1~0,~ bush:Is. ~'..~.:n his whose purchases exceed 100,000 bushels during such year, t-he and whose gross receipts are in excess of $100,000, shall pay a license fee of tax shall bc $=~9~ $50.00 plus a license tax of $0.02 per 100 bushels purchased in excess of 100,000 bushels. If the grain buyer's gross receipts do not exceed $100,000, or the purchases do not exceed 100,000 bushels, only a license fee shall be required. Adopted by the City Council of the City of Virginia Beach on this 28th day of January 1997. 573 574 575 576 CA-6479 DATA/ORDIN/PROPOSED / 1 S-ET. COM JANUARY 16, 1997 R6 17 - 27 - Item I~-K.2. CONSENT AGENDA ORDINANCES ITEM # 41690 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize the City Manager to execute a Reciprocal Agreement for mutual aid firefighting and related emergency services between the City and Currituck County, North Carolina. 11-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR MUTUAL AID FIREFIGHTINGAND RELATED EMERGENCY SERVICES BETWEEN THE CITY OF VIRGINIA BEACH, VIRGINIA AND CURRITUCK COUNTY, NORTH CAROLINA WHEREAS, the Code of Virginia authorizes the governing body of any county, city or town to enter into a reciprocal agreement with another locality to provide mutual aid through the furnishing of police, fire and related emergency services, whether or not the other locality is located within, or outside of, the Commonwealth of Virginia; and WHEREAS, the City of Virginia Beach, Virginia, and Currituck County, North Carolina have determined that it would be mutually beneficial to enter into such a reciprocal agreement for the purpose of rendering assistance to one another with respect to firefighting and related emergency services. NOW, THEREFORE, BE IT ORDAINED: That the City Manager is hereby authorized and directed to execute an agreement for mutual aid firefighting and related emergency services between the City of Virginia Beach, Virginia, and Currituck County, North Carolina. BE IT FURTHER ORDAINED: That the agreement shall be in substantially the form as the agreement which is attached hereto as "Exhibit A." 26 27 28 29 30 31 Adopted by the City Council of the City of Virginia Beach on this 28 day of January 1997. CA-6533 DATA/ORDIN/NONCODE/CUTTITUCK. ORD JANUARY 21, 1997 R1 APPROVED AS TO LEGAL SUFFICIENCY Department of Law Exhibit "A" AGREEMENT FOR MUTUAL AID FIREFIGHTING AND RELATED EMERGENCY ASSISTANCE BETWEEN THE CITY OF VIRGINIA BEACH, VIRGINIA AND CURRITUCK COUNTY, NORTH CAROLINA THIS AGREEMENT, is made and entered into this day of , 19 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA and CURRITUCK COUNTY, NORTH CAROLINA. WHEREAS, each of the parties hereto maintains equipment and personnel for the suppression of fires and for other emergency responses within its own areas; WHEREAS, the parties hereto desire to augment this emergency response availability in their respective areas; WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that mutual assistance in an emergency is deemed feasible; and WHEREAS, it is deemed to be mutually sound, desirable, practicable, and beneficial for the parties to this Agreement to render assistance to one another in accordance with the terms and conditions set forth herein. W I T N E S S E T H: That for and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the parties hereto agree as follows: 1. The rendering of assistance under the terms of this Agreement shall be accomplished in accordance with detailed plans and procedures of operation drawn up and agreed to by the designated technical heads of the parties' respective fire departments. 2. Whenever it is deemed advisable by the senior ranking officer of a fire department of a party to this Agreement, or by the senior ranking officer of a fire department actually present at a fire or accident scene, to request firefighting or other assistance under the terms of this Agreement, he/she shall be authorized to do so, and the senior ranking on-duty officer of the fire department receiving the request shall forthwith take the following action; a. Immediately determine if the requested apparatus and personnel are available to respond to the call; and b. In accordance with the terms of this Agreement, forthwith dispatch such apparatus and personnel as in the judgment of the senior ranking officer receiving the call should be sent. 3. The Virginia Beach Fire Department shall be the primary responder for fire protection assistance to the Currituck County areas of Gibbs Woods and Knotts Island. 4. The parties hereto waive all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a result of performance under this Agreement. 5. To the extent permitted by law, each party hereto agrees to indemnify and save the other party harmless from and against any and all claims by third parties for property damage or personal injury which may arise out of the activities of the other party outside their respective jurisdictions performed pursuant to this Agreement, except when the Department that furnishes services assumes control of such operations. 6. Ail services performed under this Agreement shall be rendered without reimbursement of either party to the other party. 7. The senior ranking officer of the fire department of the requesting service shall assume full charge of the operations. However, under procedures agreed to by the designated technical heads of the fire departments involved, a senior officer of the Department furnishing the assistance may assume responsibility for the coordination of the overall operation. 8. The various officers and personnel of the fire departments of the parties to this Agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct pre-fire planning inspections, drills, and training. 9. This Agreement shall become effective upon the date hereof, and shall remain in full force and effect unless and until cancelled by mutual agreement of the parties hereto, or by sixty (60) days prior written notice given by one party to the other party. 10. The parties hereto acknowledge that the provisions of Virginia Code Section 15.1-21 are applicable to this Agreement, and each party hereby agrees that an ordinance or resolution of its governing body meeting the requirements of Virginia Code Section 15.1-21 shall be enacted before this Agreement may go into force. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: By: City Manager or Designee City Clerk CURRITUCK COUNTY, NORTH CAROLINA ATTEST: By: County Manager or Designee County Clerk Approved as to Content: Fire Chief City of Virginia Beach Certified as to Availability of Funds: Emergency Services Director Currituck County Finance Department Approved as to Risk Management: Fire Chief - Knotts Island Currituck County Risk Management Division Approved as to Legal Sufficiency: City Attorney's Office STATE OF VIRGINIA CITY OF VIRGINIA BEACH I, the undersigned notary public, in and for the City and State aforesaid, do hereby certify that , City Manager or his designee, and Ruth Hodges Smith, City Clerk for the CITY OF VIRGINIA BEACH, VIRGINIA, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my city and state aforesaid. Witness my hand and notarial seal this , 19__. day of Notary Public My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF CURRITUCK I, the undersigned notary public, in and for the City and State aforesaid, do hereby certify that , County Manager or his designee, and , County Clerk for CURRITUCK COUNTY, NORTH CAROLINA, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my city and state aforesaid. Witness my hand and notarial seal this , 19 . day of Notary Public My Commission Expires: - 28 - Item V-K.3. CONSENT AGENDA ORDINANCES ITEM # 41691 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE V-STOP Grants from the Virginia Department of Criminal Justice Services (DCJS): ao A $79,201 Grant to the FY 1996-1997 Operating Budget of the Office of the Commonwealth's Attorney re domestic violence prosecution; TRANSFER a $19,800 matching grant from the General Fund Reserve for Contingencies; and, estimated revenue be increased by $59,401. A $46,213 Grant to the FY 1996-1997 Operating Budget of the Virginia Beach Police Department for enhanced services related to domestic violence; and, estimated revenue be increased accordingly. l/'oting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, W~lliam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 AN ORDINANCE TO ACCEPT AND APPROPRIATE TO THE OFFICE OF THE COMMONWEALTH'S ATTORNEY A $79,201 GRANT FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CRIMINAL JUSTICE SERVICES, FOR DOMESTIC VIOLENCE PROSECUTION WHEREAS, the Commonwealth of Virginia's Department of Criminal Jusbce 9 Services (DCJS) prowdes grants to Iocalibes where the number of cases of domesbc 10 v~olence ~s considered h~gh, 11 12 WHEREAS, DCJS has awarded a $79,201 grant to the Office of the 13 Commonwealth's Attorney to prosecute domesbc wolence m~sdemeanor cases for the 14 purpose of reducbon or el~m~nabon of domestic violence wcbm~zabon, and 15 16 WHEREAS, of the total amount of the grant $59,401 w~ll be provided through 17 federal funding and $19,800 ~s required as a cash match from the CRy, 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, that $79,201 be appropriated to the FY 1996-97 21 Operabng Budget of the Office of the Commonwealth's Attorney for prosecubon of 22 domesbc v~olence cases, that esbmated revenue from the federal government be 23 ~ncreased by $59,401, and that $19,800 be provided by a transfer from the General 24 Fund Reserve for Conbngenc~es for Grant Matches 25 26 Th~s ordinance shall be effecbve on the date of ~ts adopbon 27 Adopted by the Council of the City of V~rginia Beach, V~rg~n~a, on the 28 28 of January , 1997 APPROVED AS TO CONTENT ._._ ..... .... . Walter C/~emer Resource and Managem'~nt Services Administrator Department of Management Serwces APPROVED A~ TO LEGAL SUFFICIENCY COMMONWEALTH of VIRGINIA Mr James K. Spore City Manager City Virginia Beach Administration Building Virginia Beach, V~rginia 23456 Department of Criminal Justice Services V-STOP Grant Application No Dear Mr Spore. I am pleased to h~form you that t. he Crimin~ Juice Semce$ Board has approved ~¢ grant application noted above. Yours ,~ one of 125 grant apphcations subrrutted for V-STOP funding In total, they requested more than tw~cx as much tn federal funds as ~as av~ulable to award. The approved budget for this grant award includes $59,401 in Fo&ral Funds from DCJS and $19,800 m non- federal cash or ia-kiad match, for a total award of $79,201 Enclcsed you vail find a Statement of Cryant Av, ard and a Statement of Grant Award Special Conditions. To indicate your acc~t~ce of the a~.~d md conditions, please sign the original award ~md return it to Joe Marshall, Or'ants Admin,strator Please re,,~ev,' the cond~ttons carefully, as some require aeuon on your pan before we will disburse gragt fun& ..... ---- -W~en we receive docuanentatioa ~owing that you have eomphed with the con&om, you will be ehg;ble to r~uest Kinds award~ ~der ~.h~s ~ A REQUEST FOR FUNDS form ~s also included with flus letter and should be used for flus purpose You v-m.~ r~,.:er, fimds at the same time you submit the documentation of compliance with the grarrt coachtions, or at an5 tame ~.~._~ -H~ever, we cannot process your r~quest unul we have recewcd and approved all rm, uir~ int~-~ etx iate your int~reg m tim gra~t program and will be happy to assist you in any way we can to assure ss If you have m:~ qu¢~taons, please call Staey Ruble at (804) 225-3900. Chmlme L Turner Cl~ff Deputy Dizector Enclo~re c¢: Ms B,eth L. Ta?lor, Victim Witz~,s_.As_st Du'emtor_ _ ~Ms Pamcia Phillips, D~oJ"ofFinanc~- -' Stac~r Ruble, DCJS AN ORDINANCE TO ACCEPT AND APPROPRIATE TO THE VIRGINIA BEACH POLICE DEPARTMENT A $46,213 GRANT FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CRIMINAL JUSTICE SERVICES, FOR ENHANCED SERVICES RELATED TO DOMESTIC VIOLENCE WHEREAS, the V~rg~nla Beach Pohce Department has been awarded $46,213 from the Commonwealth of V~rgima, Department of Cnm~nal Jusbce Services, to prowde enhanced services relabve to the Department's domesbc wolence umt, 9 10 11 12 13 14 15 WHEREAS, through use of the grant funds the Pohce Department wdl fund the salary of one pohce officer for twelve months and purchase office equipment for the purpose of educabng bus~ness employees ~n the ~ssue of domesbc wolence, promohng understanding of the procedures, laws, and resources perta~mng to domestic abuse; enhancing the ~denbflcat~on and prosecution of repeat domestic wolence offenders, ass~sbng ~n the ~nveshgat~on of domestic wolence complaints, and prowd~ng tra~mng to the Pohce Department on domeshc wolence issues, and 16 17 WHEREAS, the grant requires an ~n-klnd match of C~ty funds, allowing currently appropriated funds to serve as the match and not requlnng addlbonal cash from the C~ty, 18 19 20 21 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $46,213 ~n grant funds be accepted from the Commonwealth of V~rg~n~a, Department of Criminal Justice Services, and appropriated to the FY 1996-97 Operating Budget of the V~rg~ma Beach Pohce Department for the purpose of prowd~ng enhanced services related to domestic v~olence, and that eshmated revenue from the Commonwealth of V~rg~n~a be ~ncreased by the amount of the grant award 24 25 26 Th~s ordinance shall be effecbve on the date of ~ts adoption Adopted by the Councd of the C~ty of V~rg~ma Beach, Virginia, on the Twent:y-ezght:h January , 1997 of APPROVED AS TO CONTENT - Walter C Krae~_~r ' Resource and Management~S'~rwces Adm~mstrator Department of Management Services Bruce C. Morns COMMONWEALTH o[ VIRC INIA Department of Criminal Justice Services Mr James K Spore City Manager Cay of VLrgtma Beach C~ty Hall Bldg, Room 234 V~rgtma Beach, V~rgmia 23456 ~ber 18, 1996 V-STOP Grant Application No 97-B9222VA96 Dear Mr. Spore' 805 East Broad Street, Ten~ Floor Richmond, Virginia 23219 (804) 788-4000 FAX 804-371-8981 TDD (804)786-8732 VIRGINIA ~E.A~I"i PoLIcI~ DEPT CHIEf:'.c, OFFtCF I am pleased to reform you that the Criminal Justice Services Board has approved the grant apphcauon noted above Yours was one of 125 grant applications submitted for V-STOP funding. In total, they requested more than twice as much in federal fimds as was available to award. The approved budget for this grant award includes $46,213 in Federal Funds from DCIS and $15,283 in non- federal cash or m-kind match, for a total award of $61,496. Enclosed you vail find a Statement of Grant Award and a Statement of Grant Award Special Conditions To indicate your acceptance of the award and condiuons, please sign the original award and return it to Joe Marshall, Grants Admmastrator Please re,new the conchtions carefully, as some require action on your part before we vall chsburse grant funds When we receive documentation showing that you have complied vath the conditions, you will be eligible to request funds awarded under this grant A REQUEST FOR FUNDS form is also included vath tlus letter and should be used for this purpose. You may request funds at the same time you submit the documentation of comphance vath the grant conchuons, or at any tune therea.~r However, we cannot process your request until we have received and approved all required information. We appreciate your interest m this grant program and will be happy to assist you in any way we can to assure your project's success If you have any questions, please call Stacy Ruble at (804) 225-3900. Smcerely, Christine L. Turner Cluef Deputy Director Enclosure cc Mr. Charles R Wall, Chief of Pohce Ms Patricm Plullips, D~rector of Finance Stacy Ruble, DCJS Adwso~/Comm~lee to Cou~ Appomt~l Spec~&l A~'voe&le and Children's Justioe A~t Program8 - 29 - Item V-K.4. CONSENT AGENDA ORDINANCES ITEM # 41692 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $15,000 National Oceanic Atmospheric Administration Grant from the Virginia Department of Environmental Quality to the Virginia Marine Science Museum's FY 1996-1097 Operating l~udget to research sea turtle and marine mam:,,.al strandings; that the Virginia Marine Science Museum provide the required match in services and equipment; and, estimated revenue be increa~d accordingly. Voting: 11-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., ttarold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: No~e January 28, 1997 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $15,01)0 NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION GRANT FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY TO THE MARINE SCIENCE MUSEUM'S FY 1996-97 OPERATING BUDGET TO RESEARCH SEA TURTLE AND MARINE MAMMAL STRANDINGS WHEREAS, the Manne Science Museum applied for and received a $15,000 National Oceanic Atmospheric Admlmstrat~on (NOAA) grant to research sea turtle and mammal strandings through maintenance of a network of ~nd~wduals along the coastal areas of V~rg~ma to document all strandings of sea turtles and manne mammals ~nclud~ng species, size, sex, and cause of death, and WHEREAS, th~s grant requires a $15,000 match of ~n-k~nd services ~n the form of personnel and eqmpment to be prowded by the Manne Science Museum from w~th~n ~ts FY 1996-97 Operabng Budget ? 8 9 10 11 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the $15,000 grant from the National Oceamc Atmospheric Adm~mstrat~on through the V~rg~ma Department of Enwronmental Quality be accepted and appropriated to the Manne Science Museum's FY 1996-97 Operating Budget and that the Manne Science Museum prowde the services and equipment necessary for the required match from w~th~n ~ts ex~st~ng resources 12 13 BE IT FURTHER ORDAINED, that estimated revenues from the Federal Government w~th~n the Manne Science Museum Fund be ~ncreased to reflect receipt of th~s grant 14 Adopted by the Councd of the City of V~rg~ma Beach, V~rg~n~a on the 28 day of January 1997 APPROVE,,3 AS TO Approved as to Content Walter C. Management and Budget CRW-C \OB97\DeptsWluseurn~grant1 ord George Allen Becky Norlon Dunlop S~eta~ of N&tuc,I Resources Ti~k 18,2 I~nni Mammil Standing Networ~ COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street addresx' 629 East Main Street, R~chmond, Virginia 23219 Madmg addrtt$:' P.O. Box I0009, R~¢hmond, Virginia 23240 Fax (804) 698-4500 TOD (804) 698-4021 http://www.deq.statt.va, us Thomas L. Hopkim D~reetor (8O4) 698-4O00 1-800-592-:5482 October 15, 1996 TO: FROM: FY'96 Virginia Coastal Program Grantees -- Grant #NA67OZ0360 Laura B. MeKay -- Coastal Program Manager 629 East Main Street, Richmond Virginia 23219 Phone: (804) 698-4323 Fax: (804) 698-4319 FY '96 Coastal Program Award Notification The Department of Environmental Quality has received approval for the 1996 Coastal Zone Management Grant Award from the National Oceanic and Atmospheric Administration (NOAA). We are pleased to notify you that your proposal has been approved for funding for the period October 1, 1996 to September 30, 1997. We look forward to working with you in the coming year. Your project was selected, in part, by Virginia's Coastal Scoring Committee (representatives of the Coastal Program's netxvorked agencies). We ask that you keep them in mind as potential invitees for workshops or other events you may be conducting as part of the grant. This would keep us all better informed when making future grant selection derisions. A set of mailing labels and a list of names and phone numbers for our Coastal Scoring Committee Is attached to this memo. GRANT INSTRUCTIONS Contracts Enclosed is a contract, signed by Michael Murphy (DEQ's Director of Intergovernmental Affairs & Compliance Assistance), for your Virginia Coastal Resources Management Program grant. Please follow the checklist exactly: I. Read the contract and Attachments A and B thoroughly, as we are all obligated to adhere to the terms and conditions of the three documents. 2, Have the contract signed and dated by the authorized representative where the first green tab is affixed. (also be sure the scope of work, Attachment A, is signed) =-... 3. Make a copy of the contract and Attachment A for your files. An Agency of the Natural Resources Secretariat 4. Have the enclosed form entitled, "Certifications regarding debarment, suspension.." signed by an authorized rep for your organization where the second green tab is affixed. .. $. Return the original contract with Attachment A (scope of work) and the Certification regarding debarment, etc, as soon as possible. . Retain your copies of the contract with Attachments Annd B (standard terms and conditions) as well as this mstructwn memo in a sate place - you will refer to it throughout the grant period. : _ 7. Make copies of this notification and report forms A, B, MBE/3NBE (for use each quarter) for all appropriate staff within your organization. QUARTERLY REPORTING REQUIREMENTS Quarterly reports must be received within.fifteen days following the close of each quarter--specific dates are provided in your contract. Faxed forms A and B must be followed immediately by mailed originals. Progress and. Financial Re. vorts_(F__o_r_m_..~._?l and B) One set of customized blank forms A and B have been provided for you to copy and use each quarter. If your 1994 or 1995 grant has been extended, be extremely careful to use the appropriate grant forms for the appro?riate grantyear (e.g. FY '94 - NA47OZ0287, FY '95 -- NA$7OZ0561, FY '96 -- NA67OZ0360) to report progress and request reimbursement. The Form B is pre-printed with your budget, so it is important to use the forms provided. Progress Report (Form A) -- should detail the progress of the project during the quarter. Form A itself should contain a clear, concLse, yet complete summary that is confined to one page. Please anach more comprehensive information as necessary to provide the full picture of your activities and products. Draft versions of final repons, press releases, news articles or other interim work products that demonstrate your progress should be included az attachments. Financial Report (Form B) -- Please verify tltepreprinted bt~dgetflgures, and report discrepancies to us immediately. Inaccurate or incomplete forms (or IA'Ps for state agencies) will result in reimbursement delays. Please be sure the correct contact person, phone number and address to whom the check should be mailed are included. Backup documentation for expenses on Form B is no longer required from most grantees, but we may request addltlonal Information at any time or conduct spot checlo to Insure appropriate documentation is being retained in the grantees' office~. Re.nor( o.n. Mtno rity/Women-Own ed Business A ctivi.tv.. (MB E~. _BE.~ MBEfWBE form must be submitted each quarter. If you have not had purchases $10,000 or greater involving minority-owned or women-owned businesses, simply state "no quahfying expenditures" on the form. Audit Revorts All grantees (including state agencies) must submit annual audit reports. Your project period may not coincide with the annual audit period. Be sure to submit an audit report for each fiscal year within which your project was open. ~Vurnbe_r__of ¢opies to he submitted Please follow these gulde[ines and avoid unnecessary waste of paper and time: Progress -Form A ........ 1 Original Financial-Form B ....... 10rlglnal, 3 Copies Form A Attachments .... 2 Copies IVEBEFWBE Report ..... I Original LAND ACQUISITION AND CONSTRUCTION GRANTS (SECTION 306A) S_pe_cial Require__mqnts and Deadlines Additional project documentation is required for review and approval by NOAA before the expenditure of funds will be authorized. A packet of information detailing the requirements may be obtained from the Coastal Program. Section 306A documentation must be received by your project contact (see p. 6) by January 10, 1997 and subsequently approved by NOAA. CHANGES TO GRANT PROJECTS Budget changes and written justification must be submitted for approval on the enclosed Budget Amendment Form, A very important rule that cannot be compromised is that no grantee may increase the amount of funds originally budgeted for indirect costs. If your indirect costs increase during the grant year due to a rate reassessment, increased rent or any other reason, you may only show that increase as excess match. Please note the discussion on indirect costs on page 2 of the Department of Commerce Standard Terms and Conditions (contract Attachment B). Under-expenditure o_f Budge_ts Unspent federal funds should be reported to your project contact tmmedtately and no later than two weeks before the end of the project period (September 15, 1997). This will allow us to reuse the funds in Virginia rather than having to return them to NOAA. Scope_of ;Fork qr_.Deliverables Scope of Work or Deliverable changes must be submitted to your project contact with written justification. Substantial changes will have to be reviewed by NOAA for approval. As soon as you realize there may be a need for the change, please contact us -- NO, gA approval can take 2-3 months. Extens_(ons of Project Perio_d 1Vo.cost extensions are not guaranteed and every effort must be made to complete the work on time. If an extension is absolutely necessary, your project contact should receive the following by_~luly.10. 199'/: (1) a written, detailed justification substantiating the need for an extension; and (2) an estimate of the unspent federal and match dollars as of September 30, 1997 (broken down by the cost categories on Form 13) Given the lengthy time of NOA.A's approval process, this is the latest possible date for extension requests to be in our office. Although each grantee's request will be considered individually, all extension requests nrc forwarded to NOAA as one oo'roup, FEDERALLY-REQUIRED ACKNOWLEDGMENT S t a nda r _d__C_ .r_ _e~ i t R_e~ u ! r_e_ m. _e n t s Please be certain that the following acknowledgment of financial assistance and the NCAA logo are printed on the cover or the title page of fl/_//reports, studies or other documents (including map products) supported in whole or in part by this award or any subaward. We have camera-ready "stats" oftha NCAA logo in 3 different sizes plus dtgttal files of the logo tn black/white and color. "This ~ was funded, in part, by the P'trgmta Coa$tal t~e$ources Management Program at the Department of Environmental Quah(y through Grant #N/t670ZO$60 of the National Oceamc and/ttmosphertc ~dministration, Office of Ocean and Co~tal Resource Management, under the Coastal Zone Management ,4ct ofi972o as amended." For reports or papers for public distribution (either the final product or based upon work funded by this grant), the following sentence must be added to the end of the above credit: "The views expressed hereto are those of the authors and do not necessarily reflect the views of NOA/I or any of les subag~n¢le& " (NCAA Award Conditions, p. 3, Item 19) Additional Ne)g Requlr~m~nts. Please note thc new 95/96 federal award condntion requiring that when you are issuing statements, press releases, news articles, requests for proposals, bid solicitations and other documents describing projects the Coastal Program funded in whole or in part, you must clearly state: (1) the role of the Virginia Coastal Program; (2) the percentage and dollar amount of total costs of the project financed with a) federal funds, and b) nongovernmental sources. (Attach. B, NOAA Administrative Special Award Conditions, p. 5, item 25) Failure to comply with any or all of the award provisions may be considered grounds for withholding payments under any U.S. Deparm~ent of Commerce (DOC) awards to the recipient and even termination of any DoC active awards, (not to mention a negative impact on future funding by DOC). **PLEASE NOTE: (DoC Terms and Conditions, p. 13). If you have had other grant~ with the program, please be certain to reference the appropriate grant number. (See section on Progress and Financial Repo. rt$ for your grant number). CLOSEOUT PERIOD The 3 mouth period following the end of the project period, typically from October I, 1997 - December 31, 1997 ~s the closeoutperiod. During this time, funds that are not encumbered by contract or purchase order may only be spent toward costa of preparing (e.g. printing) the final work product. If other funds will be unspent, be sure you report this to your projec contact before the closeout period begins (see section on Under-expenditure), , FINAL WORK PRODUCTS Deadlines for ~'inal Products and Final Reimbursement Final work products and the final reimbursement request for the gran! project must be received by your project contact within 45 days of the end o! the project period. (Check deliverables listed on the cover sheet of Attachmet~t A- Scope of Work.) This is November. 15, 1997, unless an extension has been approved. The request for final reimbursement is made using the Financial Report (Form B). Payment will not be made until the.finalt~roduct and Form Care received. It is Coastal Program policy to withhold at least 10% of the award until final product is received. Ackno_wlede_ ment For final products and future reports based on work funded by this grant, please review the acknowledg- ment requirements discussed in the previous section ofthis memo. This credit must appear on allfinal work products to be ellgible for reimbursentent. ~Nurnber of..C,~.vies ' Three copi~ are required; two am forwarded to NOAA and one is retained on file at the Coastal Program. Mat~ Prodt4.Cts Ify~ur final work product is a map, please fold it for storage in an 8.5" x 11" file folder. Ifyour final work product is a set of maps, just submit an index map and one or two sample map sheets. If you have digital maps or map data, you need only submit one disk. Fin~ll Product/Project Symmam. .(Fortn C} This form, preprinted specifically for your project, is enclosed. It requests a briefdescrlption of your final product for inclusion in our Final Products Catalogue. The catalogue will be distributed to a variety of people involved with coastal management in an effort to better disseminate the results &your work and the Coastal Program. Final reimbursement will not be made until this form is received. COASTAL PROGRAM GRANT ASSISTANCE AND CONTACTS If you have questions about your grant, you may contact any of us. However, in order to streamline our workload, a project contact for your project is circled below. Please remember that all scope of work/budget amendments, extension requests, audit reports and final products are to be mailed to your project contact. However, signatory authority for changes and reimbursements rests with the Program Manager. Scope of worlr/budget changes, extension requests, 306,4 documentation, final products, audit reports, new project development. C,-~'~Laura,~cKa~ , __ Coastal Program Manager 698-4323 Jeannie Lewis Senior Program Coordinator 698-4333 Signed contracts, quarterly reports, MBE/I~B£, grants tracking, forms. Eileen Rowan Coastal Specialist (grants tracking) 698-4321 Public Information, public relations, coastal newsletter, ]Form C, N0,4,4 logos Virginia Witmer Outreach Coordinator 698-42120 Payment andJ'tscal questions. Patty Walsh Senior Accountant 698-4173 SUM~Y OF IMPORT~T DATES Return signed contract to DEQ Project start date 306A documentation* 1 st quarterly report No-cost extension request Reporting underexpenditure Project end date (funds must be encumbered) Final work product Final reimbursement request End of close-out period As soon as possible 15 days following close of first quarter 2 weeks before end of project period 45 days after end of project period 45 days after end of project period 3 months from end of project period *Construction and land acquisition projects only, Specific date for projects starting 10/1/96 and ending 9/30./97._ 10/1/96 1/10/97 1/15/97 7/10/97 9/15/97 9/30/97 11/I 5/97 11/15/97 12/31/97 Task 18 Grant # NA67OZ03§0-01 COASTAL RESOURCES MANAGEMENT GRANT CONTRACT This agreement is made this 1st day of October 1996, by and between the Department of Environmental Quality (hereinafter referred to as the "Department"). and the Virginia Institute of Marlne Science and the Cay of P'irginia Beach-P'l~glnla Marine Science Museum (hereinafter referred to collectively as the "Grantee"). The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: 1. Project: The Grantee shall carry out the project as set forth in Attachment A. All aspects of this project shall be consistent with the Chesapeake Bay Agreement of 1987, the Commonwealth's Coastal Resources Management Program, and the Chesapeake Bay Preservation Act. 2. Time of Performance: The project shall commence on October i, 1996 and shall terminate no later than September 30, 1997, the period of performance being 12 months. 3, Payments: The Department shall pay the Grantee quarterly on a reimbursement basis, not to exceed $$0,000 for the project. The said sum, together with the matching funds provided as set forth in Attachment A, shall include all expenses of thc project. Payment shall be made upon submission of invoices and/or other appropriate documentation or' program expenditures, and progress reports and their acceptance by the Department. Such invoices shall be submitted within 20 days and progress reports within 15 days of each quarter and shall be detailed in accordance with Attachment A to show what tasks have been completed and to compare the time of'completion with the proposed time of'completion. Initial operating funds will be advanced upon implementation of this contract and thereafter on a quarterly basis as outlined above. In requesting Initial operating funds, state agencies and institutions will be governed by the provisions of' paragraph ?.a., Comptroller's Directive No. 2-91, Intergovernmerttai Cash Management. The reporting schedule is as follows: Quarter Duration October l, 1996 - December 3 I, ! 996 January I, 1997 - March 3 I, 1997 April !, 1997 . June 30, 1997 July I, 1997 - September 30, 1997 _R~p.o _ri Due Date January 15, 1997 April 15, 1997 July !$, 1997 October ! 5, 1997 Invoice Due Date January 20, 1997 April 20, 1997 July 20, 1997 October 20, 1997 4. Terms and Conditions: Grantee shall comply with the Standard Terms and Conditions of the U.S. Department of Commerce set forth in Attachment B. $. Creation of Intellectual Property: All copyrightable material created pursuant to this agreement shall be considered work made for hire and shall belong exclusively to the Commonwealth of Virginia. Neither party intends any copyflghtable material created pursuant to this agreement, together with any other copyrightable material with which it may be combined or used, to be a "joint work" under the copyright laws. if any copyrightable material created pursuant to this agreement cannot be deemed work made for hire or Is deemed part ofaJoint work, the Grantee agrees to irrevocably assign, and does hereby irrevocably assign, its entire copyright interest in such material or work to the Commonwealth and shall execute and deliver such further documents as the Commonwealth may reasonably request for the purpose of ac 'icnowledging or implementing such ~slgnment. 6. Collateral Co-tracts: Where there exists any inconsistency between this agreement and other provisions of collateral contractual agreements which a~e made a part of this agreement by reference or otherwise, the provisions of this agreement shall control. ?. Applicable Lawn: This agreement shall be governed in all respects, whether ~ to validity, construction, capacity, performance or otherwise, by the Jaws of the Commonwealth of Virginia. 8. Severability: F..ach paragraph and provision of this agreement is severable from the entire agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. 9. Contingent Fee Warranty: The Grantee warrants that it has not employed or retained any person or persons for the purpose of soliciting or securing this agreement. The Grantee further warrants that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon the award or making of this agreement. For breach of one or both of the foregoing warranties, the Grantor shall have the right to terminate this agreement w~thout liability, or, in its discretion, to deduct from the agreed fee, amount of said prohibited fee, commission, percentage, brokerage fee, git~ or contingent fee. 10. Conflict of Interest: The Grantee warrants that it has fully complied with the State and Local Government Conflict of Interests Act, 11. Financial Records Availability: The Grantee agrees to retam all books, records, and other documents relative to this agreement for five years after final payment, or until audited by an independent auditor, whichever is earlier. The Grantor, its authorized agents, and/or State auditors shall have full access to and the right to examine any of said materials during said period. 12. Documents: The Orantc~: may r~tain any reports, studies, pholo§raph~, ncgutlvcs, or other documents prepared by the Grantee in the performance of its obligations under this contract and not required to be dehvered to the Grantor. The Grantor shall have the copyright to all such materials, and unlimited rights to use any such materials. Where necessary for the Grantor's full enjoyment of its copyrights and other rights referenced in this agreement, the Orantee shall provide a clear, reproducible copy Of such materials (machine readable upon request) to the Grantor. 13. Liability: The Grantee shall take out and maintain, during the life of this agreement, such bodily injury liability and property damage liability insurance as ,,viii protect it from claims of damages for personal injury, including death, as well as-from claims for property damage, which may arise flora its activities under this agreement. If the Grantee has a self-insurance program, it may self- insure the risks associated w~th this Agreement in lieu of the commercial insurance required herein. 14. Disclaimer: Nothing in this contract shall bc construed as authority for either party to make commitments which will bind the other party beyond the project contalncd herein. Furthermore, the Grantee shall not assign, sublet, or subcontract an)' work related to this Agreement or an), interest it may have herein without the prior written consent of the Grantor. 15. During the performance of thi~ contract, the Grantee agrees as follows: a. The Grantee will not discriminate again.st any employee or applicant for employment because of' race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Grantee. The Grantee agrees to post in conspicuous places, available to employccs m~d applicm~ts for employment. notices setting forth the provisions of this nondiscrimination clause. b. The Grantee, in all solicitations or advertisements for employees placed by or on its behalf, will state that such Grantee is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Thc Grantee will include the provisions of the foregoing paragraphs a, b and c In every subcontract or purchase order of over $ I0,000 so that the provisions will be binding upon each subcontractor or vendor. 16. Use of Grant Funds: Grant funds shall only be used for the purposes and activities covered in Attachment A. 17. Fiscal Control: The Grantee shall establish fiscal control and fund accouming procedures which assure proper disbursement of, and accounting for, grant f~nds and any required non- federal expendlt~rc$. 18. Prior Written Approval of Changes: The Grantee must obtain prior written approval from the Department for changes to the project, including, but not limited to, changes of substance in program activities, designs, or plans set forth in the approved application and changes in the approved project budget. 19. Termination for Cause: The Department reserves the right to terminate the grant in whole, or in part, at any time before the date of completion, upon written notice to the Grantee that it has failed to comply with the conditions of the grant. In connection with such termination, payments made to the Grantee or recoveries by the Department shall be in accord with the legal rights and liabilities of the parties. 20. Termination for Convenience: The Department may terminate die grant if its funding is terminated. The Department or the Grantee may terminate the grant in whole, or in pan, if both parties agree that the continuation of the grant program will not produce beneficial results commensurate with further expenditure of funds. 'i he Department and the Grantee shall agree upon the termination conditions, including the effective date and, in the ease of partial terminations, the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall allow full credit Io the Grantee for the federal share of the noncancellable obligations properly incurred by the Oraatee prior to termination. 21, Maintenance of Records and Audit: The Grantee shall maintain all required records and provide the Department a report ofaudtt performed tn accordance with OMB C~rcuim-A-128, Audits of State and Local Governments not later than six months fol[owin§ the close oft. he fiscal year. That report of audit is to be accompanied by the Orantee's work plan for correction of deficiencies identified in the report ofaudlt, That audit report will be reviewed by the Department for compliance with federal laws and regulations. Grantee will ensure that appropriate corrective action is taken within slx months after receipt of the audit report tn Instances of noncompliance with federal laws and regulations. 22. There are no third party beneficiaries to this contract. Grantor: Grantce: DEPT. OF ENVIRONMENTAL QUALITY Michael P. Murphy, Director lnter_~ov. Affairs & Cpmp)_!an_ce_ ?)pge Name u~! Title Date VA INSTITUTE OF MARINE SCIENCE Jafle k. Director, Spon~red Programs I--'1 Name and Tttle Stgnature Date CITY OF VIRGINIA BEACH James K. Spore ...... ~peq Name and Title Date C. Mac Rawl$. Director Dept. of Museun~ .... , /, - 30 - Item V-K.5. ORDINANCES ITEM # 41693 Vice Mayor Sessoms read FAXED correspondence to Councilman Branch and himself from Richard H. Powell, Executive Director - Judeo-Christian Outreach Center, which is hereby made a part of the record. The following registered in SUPPORT: Ellen Ferber, represented Samaritan House, 2697 International Parkway, WAIVED her right to speak Reverend Randy Orwig, Pastor - United Church of Christ, 1189 Hopomont Drive, Phone: 427-2861, represented the Winter Task Force. Teresa Stanley, represented the Winter Shelter Task Force and the Homeless Advisory Committee. Reverend Tommie C. Herring, 435 l/era Cruz Road, Phone: 491-0276 Wally Erb, 150 Cayuga Road, Phone; 4997-7451, representing the Congregation Council of St. Timothy Evangelical Lutheran Church, spoke in SUPPORT of the Judeo-Christian Outreach Center. William J. Watson, 707-15th Street, Phone: 428-4971, government teacher for many years, inquired relative the location of the proposed Shelter. Brenda McCormick, 417 16th Street, Phone: 491-2887, represented Mothers, Inc., registered in OPPOSITION. Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to TRANSFER a $100,000 Federal Grant from the Capital Improvement Project (CIP #3-046) to the Department of Housing and Neighborhood Preservation FY 1996-1997 Operating Budget to provide $50,000 to the Judeo-Christian Outreach Center re completion of its education building and $50,000 to the Volunteers of America Chesapeake, Inc. re transportation for the homeless; AMEND the scope of CIP #3-046 re construction of a Homeless Shelter facility at the Beach Services Center; and, the City Manager be authorized to execute the necessary agreements. I/oting : II-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members I/oting Nay: None Council Members Absent: None January 28, 1997 AN ORDINANCE TO TRANSFER $100,000 IN FEDERAL GRANT FUNDING FROM THE CAPITAL IMPROVEMENT PROJECT #3-046 TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FY 1996-97 OPERATING BUDGET AND TO AMEND THE SCOPE OF CIP HOMELESS SHELTER PROJECT #3-046 WHEREAS, Congress awarded an $800,000 Special Purpose Grant to the C~ty 7 of V~rgm~a Beach ~n the fall of 1994 and the C~ty signed a grant agreement w~th HUD ~n 8 February 1995, WHEREAS, the funding was appropriated by City Council on February 6, 1996, !0 to Capital Improvement ProJect #3-046 for the purpose of authorizing the C~ty Manager ! 1 to enter ~nto an opbon contract for the purchase and rehab~l~tahon of property, 12 WHEREAS, the C~ty Council has dec~ded to build a facility ~n conjuncbon w~th 13 another City proJect, and 14 WHEREAS, C~ty Council has s~nce dec~ded to allocate $50,000 to the Judeo- 15 Chr~sban Outreach Center for the complebon of ~ts education bu~ld~ng and $50,000 to the Volunteers of America Chesapeake, Inc., for the purchase of transportabon 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $100,000 ~n Federal grant funding be transferred from Capital ProJect #3-046 to FY 1996-97 Department of Housing and Neighborhood 20 Preservabon Operabng Budget to provide $50,000 to the Judeo-Chnstian Outreach Center for the completion of ~ts educabon building and $50,000 to the Volunteers of 22 America Chesapeake, Inc, for the purchase of transportabon for the homeless 23 24 BE IT FURTHER ORDAINED, that the scope of ClP ProJect #3-046 ~s hereby 25 changed to provide for the construcbon of a homeless shelter facility on a s~te at the 26 Beach Serwces Center, and that the City Manager ~s authonzed to enter ~nto 27 agreements or take any other necessary acbons to ~mplement Council's desire 28 regarding the construcbon of a shelter facility 29 30 Adopted by the C~ty Council of the City of V~rgin~a Beach, Virginia, on the 28 , day of Jar~uaz-¥ , 1997 This ordinance shall be effecbve from the date of ~ts adopbon Approved as to Block, D~rector Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY In~%ovative Homeless Act SPECIAL PURPOSE GRANT VA36SPG505 GRANT AGREEMENT This Grant Agreement between the Department of Housing and Urban Development ("HUD") and City of Virqinia Beach (the "Grantee") is made pursuant to the authority of Title II of Public Law 103-327. The Grantee's application package, as may be amended by the provisions of this Grant Agreement, is hereby incorporated into this Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: Subject to the provisions of this Grant Agreement, HUD will make grant funds in the amount of $800,000 available to the Grantee. The Grantee agrees to abide by the following: ARTICLE I. HUD Requirements. The Grantee agrees to comply with the following requirements for which HUD has enforcement responsibility. A· The grant funds will only be used for activities described in the application, which is incorporated by reference and made part of this agreement as may be modified by Exhibit 1 of this Grant Agreement. S ~ EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: I · For projects involving housing, the requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107. · The requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1. · The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against · · · · handicapped individuals under sec=ion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. The requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. The requirements of section 3 of the Housing and Urban Development Act of 1968, (12 U.S.C 1701u) which requires that economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be given to low- and very low-income persons and =o businesses that provide economic opportunities for these persons. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's B~siness Enterprise). Consistent with HUD's responsibilities under these Orders, the Grantee must make efforts to encourage the use of minority and women's business enterprises in connection with grant funded activities. 24 CFR Part 85.36(e) describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. Grantee shall maintain records of its efforts to comply with requirements cited in Paragraphs 5 and 6 above. C· D · E · F · Ge Any requirements that may be imposed by HUD subject to the National Environmental Policy Act or other legislation implemented by 24 CFR Part 50. HUD regulatory requirements on toxic, noise, and airport clear zones also apply· Administrative requirements of OMB Circular A-128 "Audits of State and Local governments" (implemented at 24 CFR Part 44). Administrative requirements of 24 CFR Part 85 and OMB Circular A-87. These include the procurement requirements of 24 CFR Part 85·36· The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Grantee obtain certifications and disclosures from all covered persons. Restrictions on participation by ineligible, debarred or suspended persons or entities at 24 CFR Part 24, Subparts A through E, which are applicable to "subtier" transactions He I · involving participants not named in the Conference Report (103-715) to Public Law 103-327. In enforcing each such participant's compliance with the restrictions, the Grantee may rely on the required certification in Appendix B to 24 CFR Part 24 unless it knows that such certification is erroneous. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24. Other applicable regulations. ARTICLE II. Conditions Precedent to Drawdown. The Grantee may not draw down grant funds until the following actions have taken place: A· The Grantee has received and approved any certifications and disclosures required by 24 CFR S87.110 concerning lobbying and by 24 CFR S24.510(b) regarding ineligibility, suspension and debarment. S · Any other preconditions listed in Exhibit 3 to this Grant Agreement. ARTICLE III. Drawdowns. A· A request by the Grantee to draw down grant funds under the Voice Response Access system or any other payment syst,~ constitutes a representation by the Grantee that it and all participating parties are complying with the terms of this Grant Agreement. B · The Grantee will be paid on an advance basis provided that the Grantee minimizes the t~me elapsing between transfer of the grant funds and disbursement for project purposes and otherwise follows the requirements of 24 CFR Part 85 and Treasury Circular 1075 (31 CFR Part 205). C · Before the Grant Agreement is signed, the grantee may incur cost for activities which are exempt from environmental review under 24 CFR Part 58 and may charge the costs to the grant. ARTICLE IV. Progress Reports. The Grantee shall submit a progress report every six months, due on June 30 and December 30 of each year. Progress reports shall include reports on both performance and financial progress and shall conform with 24 CFR 85.40 AND 85.41. Additional information required or increased frequency of reporting may be described in Exhibit 3. A· The performance reports must contain the information required under 24 CFR Part 85.40(b)(2) including a comparison of actual accomplishment to the oD]ect~ves indicated in the approved application, the reasons for slippage if established objectives were not met, and additional pertinent information including explanation of significant cost overruns. S · Financial reports shall be submitted on Standard Form 269 and the following: for construction costs, form 271; for non- construction costs, a breakdown in costs similar to SF 424 A. C · No grant payments will be approved for projects with overdue progress reports. ARTICLE V. Project Closeout. a. The Grantee shall initiate project closeout within 30 days of project completion. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any HUD monitoring findings. If HUD exercises this option the Grantee must promptly resolve the findings. S · The Grantee recognizes that the Closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any review in any way possible, including making available records requested by HUD and the project for on-site HUD inspection. C · Within 90 days of HUD approval to initiate closeout, the Grantee shall provide to HUD the following, in the format(s) approved by HUD: 1. A certification of project completion. · A certification of compliance with all requirements of the Grant Agreement. · A report giving: the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of OMB Circular A-87, including the "necessary and reasonable" standard); a certification of the costs; and the amounts and sources of other project funds· · A final performance report providing a comparison of actual accomplishment with each of the project commitments and objectives indicated in the approved application, the reasons for slippage if established U · E · F · Ge objectives were not met and additional pertinent information including explanation of significant cost overruns. The Grantee agrees that the grant funds are allowable only to the extent that the project costs, meeting the standard of OMB Circular A-87, equal the grant amount plus other sources of project funds provided. At closeout, the Grantee shall provide a performance report which includes a comparison of the actual accomplishment. When HUD has determined to its satisfaction that the grant funds are allowable, the activity was completed as described by the Grant Agreement, and all Federal requirements were satisfied, HUD and the Grantee will sign the Closeout Agreement. The Closeout Agreement will include the Grantee's Agreement to abide by any continuing federal requirements. ARTICLE VI. Default. A default under this Grant Agreement shall consist of using grant funds for a purpose other than as authorized by this Agreement, any noncompliance with legislative, regulatory, or other requirements applicable to this Agreement, any other material breach of this Agreement, or any material misrepresentation in the application submissions. Exhibit 1. Project Description. The project is as described in the application with the following changes: NONE Exhibit 2. Changes or Clarification to Exhibit D of the Application Related to Participating Parties: NONE Exhibit 3. Special Conditions: NONE U.S. Department of Housing and Multifa~ily Housing Director City of Virginia Beach A~th~ized Sign~ure Title Date - 31 - Item V-K.6. CONSENT AGENDA ORDINANCES ITEM # 41694 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $67,844 from the Reserve for Contingencies- Technology Account to various departments within the FY 1996-1997 Operating Budget re computer equipment and other operating costs for Council Members, City Manager, City Attorney and City Clerk for the purpose of improving the ability to manage, process and rapidly respond to citizen needs. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, 14qlliam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy I(. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 AN ORDINANCE TO TRANSFER $67,844 FROM THE RESERVE FOR CONTINGENCIES-TECHNOLOGY ACCOUNT IN THE FY 1996-97 OPERATING BUDGET TO PROVIDE FOR EQUIPMENT AND OTHER OPERATING COSTS FOR COUNCIL MEMBERS, THE CITY MANAGER, THE CITY CLERK, AND THE CITY ATTORNEY WHEREAS, for several years City Council has discussed how technology might be used to help in the governance of the city; 9 10 11 12 13 14 15 16 WHEREAS, given the increasing volumes of information transmitted to Council Members on paper, via both FAX and courier, the opportunity to use electronic mail and Internet type technologies to improve Council's ability and efficiency in governing is now available at reasonable cost; WHEREAS, the total cost of providing equipment, maintenance, support, and training to all Council Members, the City Manager, the City Clerk, and the City Attorney is estimated at $67,844 for FY 1996-97; 17 18 19 20 21 22 23 24 25 26 WHEREAS, the total amount needed can be funded through a transfer from the Reserve for Contingencies-Technology account in the FY 1996-97 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $67,844 be transferred from the Reserve for Contingencies-Technology account to various departments within the FY 1996-97 Operating Budget to provide for equipment and operating costs for Council Members, the City Manager, the City Attorney, and the City Clerk. This ordinance shall be in effect from the date of its adoption. Adopted the ._ Beach, Virginia. 28 day of January , 1997, by the Council of the City of Virginia APPROVED AS TO CONTENT ~epart'm~nt of Man~g~gme~t Services Computers for City Council Unit Cost Total Cost 1~ 96/97 Coats for Fourt~.a Systems Not, book Comps, Peaxtium 1201viHz p~, 32MB of RA~ 8001rIB hard disk drive, CD-ROM drive', floppy disk drive, 11 inch active-matrix scrce~ modem, carrying case, and Microsoft Windows. Weight with batte~ - l~ss thau 7 pounds. S3300 each $46,20O Printer, Hewlett Packard Laser.let 5L Xtra laser printer, $450 each 6,300 Software, Corel WordPerfect Suite, includes WordPerfect, Quattro Pro and Presentations. $250 each 3,500 Training options provided will vary cl~~g on eaoh individual m~mber's nexis. $300 eaoh 4,200 Eleclronic mail using the City's GroupWise mail system. $48 l~r ~ 672 lntornet access using the City's contracted veador, prora~d for the first year at four months. $10 per month, per user 560 Computer support f= charl~d by the City's Microce~uta- Support ~ service fund. It covers hardware maintemmce and sottw~ support and is, prorated for the first year at four months. $625 lXa' year, per computer 2,912 Estimated costs for consumable items like paper, diskettes and toner cartridges $250 per year, pea' computer 3,500 Total 1~ 96197 Coata $67,844 Ongoing .Annual Co~ts for Fourteen Systems Beginning in FY 97/98 Electronic mail using the City's OroupWise mail system. $48 per user $672 Internee access using the City's ~ vendor $10 pm' month, per user ! ,680 Aunual computer support fee charged by the City's Microcomputer Support internal m-vice fund. It covers hardware maintmm~ and softwa~ support. $625 per year, per computer 8,750 F_afimated annual costs for consumable items like paper, diskettes and toner cartridg~ $250 pea' yea', pea' computer $3,500 A&titional training options provid~l will vary cl~p~g on each individual member's needs. $150 each $2,100 Total Ongohtg Aamual Coata $16,702 3tote: CD-ROM Drives added to the notebook mtnlmum specifications rastng the cost of each system by an estimated $$00.00. Funds for City Council Automation 22-Jan-9? Code Municipal Council 4002-01010-07307 4002-01010-05499 4002-01010-05415 4002-01010-04102 4002-01010-05501 City Clerk 4002-01011-07307 4002-01011-05499 4002-01011-05415 4002-01011-04102 4002-01011-05501 City Manager 4002-02010-07307 4002-02010-05499 4002-02010-05415 4002-02010-04102 4002-02010-05501 City Attomey 4002-03010-07307 4002-0301005499 4002-03010-05415 4002-03010-04102 40O2-03010O5501 FY 96/97 FY 97198 Account Amount Amount Computer Equipment Non-Capitalized Equipment- New Computer Supplies Microcomputlng Services Professional Improvement (Training) Total Computer Equipment Non-Capitalized Equipment- New Computer Supplies Microcomputing Services Professional Improvement (Training) Total Computer Equipment Non-Capitalized Equipment- New Computer Supplies Microcomputing Services Professional Improvement (Training) Total Computer Equipment Non-Capitalized Equipment- New Computer Supplies Mic, mcomputing Services Professional Improvement (Training) Total Grand Total 36,300 4,950 5,500 3,256 3,300 $53,306 3,300 450 50O 296 3OO 3,300 45O 5OO 296 30O 3,300 450 500 296 300 0 0 2.750 8.723 1,65o $13,123 0 0 250 793 150 $1,193 0 0 25O 793 150 $1,193 0 0 250 793 150 $1,193 $16,702 - 32 - Item V-K. 7. CONSENT AGENDA ORDINANCES ITEM # 41695 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize License Refunds in the amount of $3,113. 71 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 FOF~ NO C A 8 Iq~V $,~1 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon cert~ficabon · of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Accurate Inventory & Calculating Service P 0 Box 5 1995 Moyock, NC 27958 J B S,Inc 2109 Clandge Court V~rg~n~a Beach, VA 23454 Audit 1,91 8 43 R~chmond, V~nce A 1937 Stdlmeadow Court V~rg~n~a Beach, VA 23456 1996 Audit 603 28 White, Cnss M 102 Lenwd Dnve Chesapeake, VA 23325 1993-96 Audit 30 00 1994-95 Audit 562 00 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $3,113.71 of the C~ty of V~rg~n~a Beach on the 28 1,918 43 603 28 3O O0 562 O0 Cerbfled as to Payment - CJ~o me~lsPs i oVna~ rg ho~ e/'~~-u e Approved as to form ~L-'~I~ L L, II~ --'/¢_~-----------~ City Attorney were approved by the Council day of January ,19 97 Ruth Hodges Smith C~ty Clerk Item V-K.8. CONSENT AGENDA ORDINANCES ITEM # 41696 Upon motion by Vice Mayor Sessoms, seconded by Council lazdy Parker, City Council ADOPTED: Ordinance to authorize Tax Refunds in the amount of $6,$$4.02 upon application of certain persons and upon Certification of the City Treasurer for payment. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 1/8/97 EMC ORM NO C A 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total American General Hospital 97 RE(2/2) Peter J & Renee Gualeni 97 RE(l/2) Peter J & Renee Gualeni 97 RE(l/2) First Commercial Mortgage 96 RE(l/2) First Commercial Mortgage 96 RE(2/2) R Alan & L Jean Alig 95 RE(l/2) R Alan & L Jean Alig 95 RE(2/2) R Alan & L Jean Alig 94 RE(l/2) R Alan & L Jean Alig 94 RE(2/2) R Alan & L Jean Alig 93 RE(l/2) R Alan & L Jean Alig 93 RE(2/2) Richard Wooling 96 Animal W J Van Hulle 97 Animal Valerie E Doka N/A Pkng 105141-1 11/22/96 6,012.43 048676-6 12/20/96 19.66 048677-5 12/20/96 190.03 O01540-0 12/5/95 29.70 O01540-0 5/10/96 29.70 001457-2 11/1/94 28.50 001457-2 4/27/95 28.50 001469-9 10/26/93 28.50 001469-9 5/29/94 28.50 001413-7 12/5/92 27.25 001413-7 5/6/93 27.25 V03199 3/6/96 2.00 V05844 12/29/96 2.00 506627 10/31/96 100. O0 Total 6,554.02 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $6,554.02 were approved by the Council of the City of VIrginia Beach on the 3.8_day of ___J_~,. 1997 Ruth Hodges Smith City Clerk Cert Joh, Appr · , ~reasurer T ~(tkln~c~ ' ved as to form: - 34 - Item V-L. PUBLIC HEARING ITEM # 41~97 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. JOHN BARREIT VARIANCE 2. CAVALIER GOLF & YACHT CLUB CONDITIONAL USE PERMIT 3. JULIE ANNE CHEATWOOD CONDITIONAL USE PERMIT 4. SPRING BRANCH COMMUNITY CHURCH CONDITIONAL USE PERMIT 5. WIRELESS PCS, INC. AGENT FOR AT & T WIRELESS PCS CONDITIONAL USE PERMIT FAITH WORKS CHURCH CONDITIONAL USE PERMIT 7. BUBBA C,4NCER FOUNDATION CONDITIONAL USE PERMIT 8. LITCHFIELD MANOR, INC. CONDITIONAL CHANGE OF ZONING 9. ROLLINGWOOD, L2,.C. CONDITIONAL CHANGE OF ZONING HISTORICAL AND CULTURAL DISTRICT OVERLAY CONDITIONAL USE PERMIT January 28, 1997 - 35 - PUBLIC HEARING ITEM # 416~8 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items I, 2, 3, 4, and 7 of the PLANNING B Y CONSENT Items. Item 7 was DEFERRED until the City Council Session of February 25, 1997. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Councilman Harrison ABSTAINED on Item 2 (CAVALIER GOLF & YACHT CLUB) as his law firm provides legal services to the applicant. January 28, 1997 - 36 - Item V-L.1. PUBLIC HEARING ITEM # 41699 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application of JOHN BARRETT for a ~ to Section 4.4(d) of the Subdivision Ordinance which requires all lots crated by subdivision to have direct access to a public street: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for John Barrett. Property is located at 2009 Bay Road. LYNNHAVEN ROAD. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 - 37 - Item V-L.2. PUBLIC HEARING ITEM # 41700 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: an Ordinance upon application of CAVALIER GOLF & YACHT CLUB for a Conditiortal Use Permit: ORDINANCE UPON APPLIC4TION OF CAVALIER GOLF & YACHT CLUB FOR A CONDITIONAL USE PERMIT FOR A RECRF~TIONAL FACILITY OF AN OUTDOOR NATURE (TENNIS COURTS) R01972091 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cavalier Golf & Yacht Club for a Conditional Use Permit for a recreational facility of an outdoor nature (tennis courts) and parking lots on Lots 237 A & B located at the northwest corner of Sterling Court and Cardinal Road. Said parcel contains 2 acres more or less. LYNNI-IAVEN BOROUGH. The following conditions shall be required: I. No parking spaces shall be permitted to back directly onto a public right-of-way, unless a variance is granted by the Board of Zoning Appeals. 2. Any lighting associated with the project shall be directed inward towards the subject site. 3. No outside paging system shall be authorizea~ 4. The tennis facilities shall not be used later than 11 p.m. This 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 Twen~_-eighth o_f January, Nineteen Hundred and Ninety-Seven. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ~ST~NED as his law firm provides legal services to the applicant. January 28, 1997 - 38 - Ittm V-L.$. PUBLIC HEARING ITEM it 41701 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: an Ordinance upon application of JULIE ANNE CHEATWOOD for a Conditional Use Permit for a home occupation (day care.}: ORDINANCE UPON APPLICATION OF JULIE ANNE CHEATWOOD FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY CARE) R01972092 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ~RGINL4 BEACH, VIRGINIA Ordinance upon application of Julie Anne Cheatwood for a Conditional Use Permit for a home occupation (day care) on the west side of Beethoven Drive on Lot 10, Block A, Ocean Lakes North, Section Five. Said parcel is located at 1937 Beethoven Drive and contains 7,500 square feet. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Hours of operation shall be from 7:00 a.m. until 6:00 p.m., Monday through Friday. The total number of children shall be limited to twelve (12) at any one time, excluding the applicant's fifteen and seventeen year old children. 3. There shall be no outdoor play activity before 9:00 a.m. 4. This day care home shall be state licensed at all times. This Ordinance shall be effective in accordance with Section 107 (JO of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_-eighth of Janua~. Nineteen Hundred and Ninety-Seven. 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 - 39 - Item V-L.4. PUBIdC HEdRIN~ ITEM # 417~ PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: an Ordinance upon application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SPRING BRANCH COMMUNITY CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R01972093 BE IT HEREBY ORDAINED BY THE, COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Spring Branch Community Church for a Conditional Use Permit for a church on the east side of Great Neck Road, north of Harbor Lane. Said parcel is located at 1510 Great Neck Road and contains 10 acres more or less. LYNNHAVEN BOROUGH. The following conditions shall be required: The project must be developed in accordance with the site plan and renderings presented to the Planning Commission on December 11, 1996 and on file in the Department of Planning. 2. The future parking spaces planned ]'or the proposed church must be oriented inward away from the adjacent residentially zoned properties. The intent o.f this condition is to ensure that the future parking does not result in headlights directed towards the existing and future neighborhoods bordering the subject site on the northern and southern sides. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of Janua~_. Nineteen Hundred and Nine~_ -Seven. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 Item V-L.5. PUBLIC HEARING ITEM # 41703 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 418-3200, represented the applicant Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council DEFERRED until the City Council Session of February 11, 1997, Ordinance upon application of WIRELESS PCS INC., agent for AT&T Wireless PCS Inc., for a Conditional Use Permit: ORDINANCE UPON HPPLICATION OF WIRELESS PCS, INC. AGENT FOR A T & T WIRELESS PCS INC., FOR A COND~IONAL USE PERM~ FOR A WIRELESS COMMUNICATION FACILITY Ordinance upon application of Wireless PCS Inc., Agent .for AT & T Wireless PCS Inc., for a Conditional Use Permit for a wireless communication .facility at the northwest intersection of Dam Neck Road and Harpers Road. Said parcel contains 9.9 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 - 41 - Item V-L.6. PUBLIC HEARING ITEM # 41704 PLANNING Attorney Arthur Ermlich, 5477 Greenwich Road, Suite B, represented the applicant, and requested DEFERRAL to submit a revised landscaping rendering and a diagram of the proposed application relative parking of the vehicles. Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council DENIED the Ordinance upon application of LEE PAPPAS BODY SHOP, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LEE PAPAS BODY SHOP, INC. FOR .4 CONDITIONAL USE PERMIT FOR AN AUTOMOBILE STORAGE FACILITY Ordinance upon application of Lee Pappas Body Shop, Inc., for a Conditional Use Permit for an automobile storage facility at the southwest corner of Virginia Beach Boulevard and Saint Paul Street on Lots 3 & 4, Block 51, Oceana Gardens. Said parcel contains 14,374.8 square feet. LYNNHAFEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 Item V-L. 7. PUBLIC HEJIRING ITEM # 41705 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED until the City Council Session of February 25, 1997, Ordinance upon application of BUBBA CANCER FOUNDATION for a Conditional Use Permit: ORDINANCE UPON FOUNDATION FOR A CONVALESCENT HOME APPLICATION OF BUBBA CANCER CONDITIONAL USE PERMIT FOR A Ordinance upon application of Bubba Cancer Foundation for a Conditional Use Permit for a convalescent home on Lot 3, Block 1, Point O'Woods, Section Two. Said parcel is located at 552 West Plantation Road and contains 20,473 square feet more or less. LYNNHAVEN BOROUGH. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 - 12 - Item V-F. 1 MINUTES ITEM # 41724 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January 28, 1997, AS AMENDED: Page 43 ITEM # 41706 ORDINANCE UPON APPLICATION OF LITCHFIELD MANOR, INC. FOR ,4 CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R- 7.5 Z01971061 The following directions shall be DELETED from the Minutes of Litchfield Manor, as they only apply to the Rollingwood, L.L.C. application. City Council directed that during Subdivision Review, the Staff: a. Ensure the applicant provide right turn movement into Kellam High School from the west with a temporary access along the Ferrell Parkway right-of-way. b. The interior traffic circulation shall be coordinated as per the Site Improvement Map dated November 11, 1996. c. Ensure that residential subdivision will connect with ingress and egress roads to Kellam High School. Gooseberry Drive shall be closed between Holland Woods and Rollingwood Subdivisions until such time as the improvements to Holland Road and Ferrell Parkway are complete. At that time, the closing of Gooseberry Drive shall be at the discretion of City Council. Tree protection along Holland Road, adjacent to the Rollingwood Subdivision, shall be coordinated to save the maximum number of trees in that area. Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III, William gE. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Louis R. Jones February 4, 1997 Item V-L.8. PUBLIC HEARING ITEM # 41706 PLANNING Fred Summs, developer of the property with bother, Jack Summs. Tyler Richardson, 1765 Edgestone Court, Phone: 430-2414, registered in Opposition. Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED, WITH DIRECTION TO STAFF FOR SUBDMSION REVIEW, an Ordinance upon application of LITCHFIELD MANOR, INC. for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF LITCHFIELD MANOR, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R- Z5 Z01971061 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Litchfield Manor, Inc. for a Conditional Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5 Residential District on certain property located on the east side of Holland Road beginning at a point 630 feet more or less south of proposed Ferrell Parkway. The proposed zoning classification change to R-Z5 is for single family residential land use on lots no less than 7,500 square feet. The Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other plan policies. Said parcel contains 16.012 acres. PRINCESS ANNE BOROUGH, subject to: Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. City Council directed that during Subdivision Review, the Staff: a. Ensure the applicant provide right turn movement into Kellam High School from the west with a temporary access along the Ferrell Parkway right-of-way. b. The interior traffic circulation shall be coordinated as per the Site Improvement Map dated November 11, 1996. c. Ensure that residential subdivision will connect with ingress and egress roads to Kellam High School. Gooseberry Drive shall be closed between Holland Woods and Rollingwood Subdivisions until such time as the improvements to Holland Road and Ferrell Parkway are complete. At that time, the closing of Gooseberry Drive shall be at the discretion of City Council. Tree protection along Holland Road, adjacent to the Rollingwood Subdivision, shall be coordinated to save the maximum number of trees in that area. This 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 Twen~_-eighth of January. Nineteen Hundred and Nine~_ -Seven. January 28, 1997 Item V-L.8. PUBLIC HEARING ITEM # 41706 (Continued) PLANNING Voting: 8-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Reba S. McClanan, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy I~ Parker, Council Members ~4bsent: None Items L. 8 and L.9 were voted upon in ONE MOTION. January 28, 1997 ~ity of' Vi~~i~i~ Beach In Reply Ref~r To Out Fil~ No. DF-4233 DATE: January 22, 1997 TO: Leslie L. Lilley DBPT: City Attorney FROM: William M. Macali ~ DEPT: City Attorney Conditional Zoning Application - Litchfield Manor, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 28, 199'/. I have reviewed the subject proffer agreement, dated September 23, 1996, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/ Enclosure ~tGREEMENT THIS AOP. EEIvtF_NT, made as of this 23rd day of September 1996, by md between LITCHFIELD MANOR. INC. a Virginia corporation (herein referred to as "Grantor"). and the CITY OF VIRGINIA BEACH. a Municipal Corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHERF_.AS the Grantor initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia. by petition of the Grantor addressed to the Grantee. so as to change the zoning classification on 16.012 acres of the Orantor's Original Property of 31.59 acres, from AG-I & AC,-2 Agricultural Districts to R- 7.5 Residential District (Conditional), more particularly described on the attached "Exhibit A" by marking the area to be re-zoned with parallel vertical lines in the Prince~ Anne Borough of the City of Virginia Beach. Virginia, hereinafter "the Property:' and WHF_.REA~, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation; and WHF_.REAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Propmy for the protection of the community that are not generally applicable to land similarly zoned R-7.5 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and Prepared by: Litchfield Manor Inc c/o PMI Realty lnc 2622 Southern Blvd #102 Virg'_m_!n_ Beach, VA 23452 WHE.RF. AS. the Grantor voluntarily proffered in writing in advance of md prior to the public hearing before the Grantee, as part of the proposed amendment to the zoning Map, in addition to the regulations provide for in the existing R-7.5 zoning district by the existing City Zoning Ordinance. the following reasonable conditions relating to the physical development and operation of the Property to be adopted as 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; nnd WHERF_.AS, said conditions having been proffered by the Grantor to be effective upon the rezoning of the Property and having been allowed and accepted by the Grantee as part of the amendment to the Zoning · Ordinance. such conditions shah 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 shaH continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing these conditions are amended or varied by written imtrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the r~ord owner of the subject Property at the time of recordation of such imtrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Orantee advertised pursuant to the provisions of the Code of Virginia. Section 15.1-431, which said ordinance or resolution shaH be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor. for itself, its successors, nssipts, grantees, and other successor3 in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of Sl]~t.Rl:R.9l~ for zoning, rezoning, site plan. building permit or subdivision approval, hereby make the following decimation of conditions and restrictions ns to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenmts running with the said Property, which shall be binding following the approval of grantor's re. zoning Petition by Grantee upon the Prolxt~ and upon all parties and persons claiming under or through the Ormtor, its heirs, personal r~xeaentatives, assigns, grantees and other successors in interut or title, namely: 1. The Grantor shah develop the Property at a maximum density of 3.0 units per acre in accordance with density calculations to be based on total site area outside of water, marsh and wetlands, not Including BMPs. except that density credit shah not be calculated for any land area reserved for future fight-of-way acquisition by the City of Virginia Beach. Land area dedicated to the City of Virginia Beach may be included 2. The Grantor shall provide and install a professionally designed entrance sign and entrance landscaping for the subdivision which meets or exceeds the rczlUh'ements of Sec. 214 of the City Zoning Ordinance. 3. Pursuant to the Southern Watershed Management Ordinance. the Grantor shah cause its subdivision plat to provide for no structures within $0 feet from the 4 foot topographical line, ns shown on a plat entitled 'Conceptional Plan of Litchfield Manor, Parcel B, Subdivision of Laura Cooper Adams Trust for Litchfield Manor Inc." dated August 20, 1996 and made by lCellam-Oerwltz EnF, ineering Inc, which plat has been exhibited to City Council and is on f'tle at the Planning Department in the City of Virginia Be__-~+~_. 4. The Grantor shall cause i~s subdivision plat to show is 50 foot street width from the subdivision entrance to the fu'st street intersection, as shown on the plat described in Paragraph #3 above. 5. The Grantor shah designate on the subdivision plat one lot not less than 10.000 square feet in size ns open space, said lot to be selected in the sole discretion of the Grantor. 6. The Grantor covenants and agrees 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 Be_-,,_~_, 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 ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, dnmages or other appropriate action, suit or proceedings; (2) the failure to meet ail conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits ns may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement. the Grantor shall petition to the governing body for the review thereof prior to instimtinl~ proceedings in court; and (4) the Zoning Map shown 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 re_~t,~ily 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 Grantor and Grantee. WITNESS the following signature and seal: 4 Item V-L.9. PUBLIC HEARING ITEM # 41707 PLANNING Jim Arnhold, 2414 Whaler Court, Phone: 486-6100, represented the applicant. The following registered in OPPOSITION: Scott S. Lein, 1717 Creekstone Court, Phone: 427-0574 Kristi Koff, 1720 Hammerstone Court, Phone: 430-2861, and presented petitions in OPPOSITION, which are hereby made a part of the record. Tyler Richardson, 1765 Edgestone Court, Phone: 430-2414 Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessotns, City Council ADOPTED, WITH DIRECTION TO STAFF FOR SUBDMSION REVIEW, an Ordinance upon application of ROLLINGWOOD, L.L.C. for a Conditional Change of Zoning District Classification, an Historical and Cultural District Overlay and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROLLINGWOOD, L.L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-Z5 Z01971062 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rollingwood, L.L.C. for a Change of Zoning District Classification from AG-1 Agricultural District and AG-2 Agricultural District to Conditional R-7.5 Residential District on property located at the southeast and northeast intersections of Holland Road and Ferrell Parkway. The proposed zoning classification change to R-7.5 is for single family residential land use on lots no less than 7,500 square feet. The Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other plan policies. Said parcels are located at 2400 Holland Road and contain 95.2 acres more or less. PRINCESS ANNE BOROUGH; subject to: Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. AND, ORDINANCE UPON APPLICATION OF ROLLINGWOOD, L.L. C. FOR THE HISTORICAL AND CULTURAL DISTRICT OVERLAY Z01971063 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rollingwood, L.L.C. for the Historical and Cultural District Overlay at the northeast intersection of Holland Road and Ferrell Parkway. Said parcel is located at 2400 Holland Road and contains 6.8 acres more or less. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF ROLLINGWOOD, L.L.C, FOR A CONDITIONAL USE PERMIT FORA PRIVATE SCHOOL R01972094 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rollingwood, L.L.C. for a Conditional Use Permit for a private school at the northeast intersection of Holland Road and Ferrell Parkway. Said parcels are located at 2400 Holland Road and contain 6.8 acres more or less. PRINCESS ANNE BOROUGH; subject to: January 28, 1997 Item F'-L.9. PUBLIC HEARING ITEM # 41707 (Continued) PLANNING The following conditions shall be required: 1. The total number of students shall not exceed 150. Noise attenuation measures will be required with the construction of the private school. Acoustical treatments for the roof, ceiling and exterior walls shall be 39 STC. Doors and windows shall be 25 STC. City Council directed that during Subdivision Review, the Staff: Ensure the applicant provide right turn movement into Kellam High School from the west with a temporary access along the Ferrell Parkway right-of-way. (b) The interior traffic circulation shall be coordinated as per the Site Improvement Map dated November 11, 1996. (c) Ensure that residential subdivision will connect with ingress and egress roads to Kellam High School. Gooseberry Drive shall be closed between Holland Woods and Rollingwood Subdivisions until such time as the improvements to Holland Road and Ferrell Parkway are complete. At that time, the closing of Gooseberry Drive shall be at the discretion of City Council. Tree protection along Holland Road, adjacent to the Rollingwood Subdivision, shall be coordinated to save the maximum number of trees in that area. These Ordinances shall be effective in accordance with Section 107 (JO of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_-eighth o_f Janua~_. Nineteen Hundred and Nine~_ -Seven. Voting: 8-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Reba S. McClanan, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy lC Parker Council Members Absent: None Items L. 8 and L.9 were voted upon in ONE MOTION. January 28, 1997 City of Virgini~ l:lo~¢h INTER-OFFICE CORRESPONDENCE In Reply Refer To Our Ftc No. DF-4270 DATE: January 10, 1997 TO: FROM: Leslie L. Lilley DEPT: City Attorney William M. Macali ,iJJ~ DEPT: City Attorney Conditional Zoning Application - Riganto, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 28, 1997. I have reviewed the subject proffer agreement, dated September 10, 1996, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. MM/ Enclosure THIS INSTRUMENT WAS PREPARED BY THE LAW FIRM OF SHUTTLEWORTH. RULOFF & GIORDANO, P C PROFFERED COVENANTS. RESTRICTIONS AND CONDITIONS THIS AGREEMENT (hereinafter as "Agreement"), made this 10th day of September, 1996 by and between RIGANTO. L.L.C., contract purchaser, a Virginia Limited Liability Company (the "Grantor"), GRACE T. RIGANTO. owner (the "Grantor") and the CITY OF VIRGINIA ~.,A_C~, a Municipal Corporation of the Commonwealth of V~rgmia (the "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain parcels of property located in the Princess Anne Borough of the City of Virginia Beach, contaimng approximately ninety five and three tenths (95.3) acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property); and, WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG 1 & 2 to R 7.5 conditional; and, WHEREAS, the Grantee's policy is to provide for the orderly development of land for various purposes through zoning and other land development legislation; and, WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time 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 and to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has 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 R 7.5 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, TItEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successor, personal representatives, assigns, and other successors in interest or title, namely: 1. The plat entitled, "Preliminary Subdivision - Rollingwood, Princess Anne Borough - Virginia Beach, Virginia" prepared by Site Improvements Associates, Civil Engineering - Consmsction Management, 5204 Brockie Street, Virginia Beach, Virginia 23464, dated October 10, 1996 (hereinafter as the "Plat"), which has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so there will be a coordinated design and development of the Property in terms of vehicular and pedestrian circulation, landscaping, and the utilization of best management practices as landscape features. 2. Vehicular ingress and egress to and from the Property off of Holland Road shall be limited to one entrance. 3. All lots shall be a minimum of 10,000 square feet in area. 4. The right-of-way for ingress and egress to the proposed educational center, as shown on the Plat, shall be sixty (60') feet in width. 5. A landscaping buffer of not less than ten feet shall be provided running parallel to and between the proposed educational center site and any contiguous residential housing lot. Category I landscaping materials shall be planted within said buffer and any site lighting of the educational center shall be positioned away from any residential areas. 6. Grantor shall dedicate to the City of Virginia Beach, at the time of the recordation of the subdivision plat, that area as shown on the Plat which is labeled, "PARK AREA, 1.6 AC." and also that area as shown on the Plat which is labeled "RESERVED FOR OPEN SPACE TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH" consisting of + 56 acres. 7. Grantor shall dedicate to the City of Virginia Beach, at the time of the recordation of the subdivision plat, a variable width strip of land running parallel and contiguous to Holland Road, as shown on the Plat, to be used for inclusion into said road. 8. Cxrantor shall dedicate to the City of Virginia Beach, at the time of the recordation of the subdivision plat, a twenty foot (20') strip of land running parallel and contiguous to the northern perimeter of the proposed Ferrell Parkway and a fifteen foot (15') strip of land running parallel and contiguous to the southern perimenter of the proposed Ferrell Parkway. Further, at the [ intersection of the proposed Ferrell Parkway and Holland Road, the twenty foot dedication along the northern perimeter of the proposed Ferrell Parkway shall be increased an additional ten feet (10') for a distance of approximately one hundred and fifty feet (150') to be used as a turn lane onto Holland Road. All land dedicated under this paragraph is shown on the Plat and is to be used for inclusion into said parkway. In the event that the road improvements contemplated in this proffer have not been included in the City's 5-year CIP at the time of the subdivision approval, the Grantor agrees to execute an appropriate agreement prior to such subdivision approval, in form acceptable to the City Attorney, to assure that such dedications will be conveyed to the City upon the inclusion of said road improvements in the CIP. The Grantor acknowledges that the subdivision approval will not be granted until such agreement has been executed or the aforesaid property has been dedicated If the property proffered by the Grantors in this paragraph is not used by the Grantee anytime witlun the ne~ twenty years for the purpose for which they are proffered, then such property may be used by the City of Virginia Beach for any other public purpose. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such condition; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised Zoning Ordinance. The conditions, however, may be repealed, amended, or varied by written instnunent 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 Property at the time of recordation of such instrument, provided that said instnunent is consented to by 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 which was advertised pursuant to the provisions of §15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor further covenants and agrees that: (a) 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 and restrictions, including (i) to order, in writing, that any noncompliance with such conditions be remedied, and (ii) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (b) the failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (c) if aggrieved by an decision of the Zoning Administrator which decision is made in respect to this Agreement, the provisions of the C~ty Code, or the City Zoning Ordinance, the Grantor shall petition the governing body of the Grantee to review said decision prior to instituting a proceeding in court; and (d) the Zoning Map, as shown by an appropriate symbol on the map, thc existence of conditions attaching to the zoning of the Property and copies of any ordinances and the conditions contained in this Agreement may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. WITNESS the following signature and seal: ace T. Ri~anto, (~r,a/ntor Rig~a.~nto,, ~L..~., Grantor: Ja , Managing Member COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me tb.~'~./_ day of October, 1996, by Grace T. Riganto. Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me ~ day of October, 1996, by James M. Amhold, managing member, on behalf of Riganto, L.L.C., a Virginia Limited Liability Company. Notary Public My Commission Expires: J/~, ~~ I: ~O~ EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that certain lot, piece or parcel of land, with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as 105.32 acres, more or less, as shown on that certain plat entitled "PROPERTY LINE SURVEY FOR MAURY F. AND GRACE T. RIGANTO, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated 2/21/63, made by Baldwin and Gregg, Civil Engineers and Surveyors, Norfolk, Va, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 57, at page 52. Save and except that 4.060 acre portion of the Propervy which was conveyed by deed and recorded in Deed Book 1089, Page 413, to the City of Virginia Beach for roads and sewer mains and, Save and except that 6.109 acre that portion of the Property as shown as Parcel 2 on that certain plat recorded at Map Book 80, page 1 and further identified as GPIN # 1494-95-7694 and, Save and except that .228 acre portion of the Property as shown as Parcel 3 on that certain plat recorded at Map Book 80, page 1 and further identified as OPIN # 2404- 26-2316. . GPIN #: 2404-07-2138-0000 - 47 - Item V-M.1. APPOINTMENTS ITEM # 41708 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: H. Les Powdl, Jr. (School Board) 3- Year Term 3/1/97-2/28/2000 ~IRGINIA BEACH CRIME TASK FORCE Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 Item V-M.2. APPOINTMENTS ITEM # 41709 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: REAPPOINTED: Joann Ack~rman - MIIM~A Raymond W. Greenwood, Jr. -Police Phyllis Millette - Volunteer Non-Profit Organization 3-Year Term - 3/1/97-2/28/2000 APPOINTED: Diane Floyd - CARE (Juvenile Court Services) Carol Williams - Housing/Neighborhood Preservation 3-Year Term - 3/1/97-2/28/2000 REAPPOINTED: Scott Sacks - Mayor's Youth Council I-Year Term 3/1/97 - 2/28/98 APPOINTED: Crystal C. Davis - Student Ross M. Fickenscher - Student Don "Mark" C. Serrano - Student I-Year Term 3/1/97 - 2/28/98 YOUTH SERVICES COORDINATING COUNCIL Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 - 49 - Item ITEM # 41710 Upon motion by Council Lady Strayhorn, seconded by l/ice Mayor Sessom~, City Council ADDED TO THE AGENDA: Resolution opposing the enactment of proposed legislation effectively divesting Virginia localities of the right to be compensated .for the use of rights-of-way by Telephone Companies. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 28, 1997 - 50 - Item F'-N.2. NEW BUSINESS ITEM # 41711 Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolution opposing the enactment of proposed legislation effectively divesting Vtrginia localities of the right to be compensated for the use of rights-of-way by Telephone Companies. Voting: I1-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: None January 28, 1997 1 Requested by Councilmember Louisa M. Strayhorn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 A RESOLUTION OPPOSING THE ENACTMENT OF PROPOSED LEGISLATION EFFECTIVELY DIVESTING VIRGINIA LOCALITIES OF THE RIGHT TO BE COMPENSATED FOR THE USE OF RIGHTS OF WAY BY TELEPHONE COMPANIES WHEREAS, Senate Bill No. 1013 and House Bill No. 2915 are currently under consideration by the Virginia General Assembly; and WHEREAS, both bills provide that fees charged by a locality to telephone and telegraph companies in connection with a franchise, lease or right to use any public property or easement shall not exceed the incremental, "activity-related costs" directly incurred by such locality in administering such franchise, lease or right; and WHEREAS, the term "activity-related costs" is defined to include only those costs which arise directly from (i) the issuance of permits for placing or repairing facilities in rights-of-way, (ii) inspections to ensure compliance with the conditions of a permit, and (iii) coordination of the use of rights-of-way among users; and WHEREAS, the effect of such legislation, if enacted, would be to divest localities of the right to be paid fair and reasonable compensation for'the use of public property by telephone companies; and WHEREAS, the enactment of such legislation would abruptly reverse centuries of historic and legal precedent based upon the fact that public property, no less than private property, is a valuable asset, the use of which should be subject to reasonable compensation; and WHEREAS, the issue of compensation for the use of public property was extensively debated and weighed by Congress during its consideration of the Telecommunications Act of 1996; and WHEREAS, it was the determination of Congress in enacting the Telecommunications Act of 1996 that the right of localities to charge and collect compensation for the use of their rights-of-way should be explicitly preserved; and 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WHEREAS, although the telecommunications industry has maintained that the application of free market principles is superior to governmental regulation in the provision of telephone service, the proposed legislation is inimical to fundamental free market principles; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Assembly be, and hereby is, requested to defeat the aforesaid legislation. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is hereby directed to forward a copy of this Resolution to the members of the City's General Assembly delegation. 51 52 53 54 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on this 28 day of 3anuary , 1997. CA-97-6543 wmordres\rw, res January 28, 1997 R-1 - 51 - Item I~-N.$. NEW BUSINESS ITEM # 41712 Mayor Oberndorf advised the MINI CITY COUNCIL RETRF~T will be SCHEUDLED for Feburay 18, 1~7, at the Pavilion Conference Room from 9:00 A.M. to 6:00 P.M. January 28, 1997 I ADJOURNMENT ITEM # 41713 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:10 P.M. Beverly O. Hooks, CMC/A,4E Chief Deputy City Clerk s Smith, CMC/A,4E City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 28, 1997