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DECEMBER 15, 1992 MINUTESCit_ o£ Virginia Beach "WORLD'S LARGEST RESORT CITY" £.ITY COU:'qCIL MAYOR MEYERA E OBERNDORF At Large ~ I¢ E MAYOR WILLIAM D SESSOMS JR At Large ]OttX 4 BAUM Blacl~u'ater Borough LI%'~ OOD 0 BRANf H Ill Vtrglnta Beach Borough J4.~.{t'.$ W BP~SZIER JR Lvnnhat, tn Borough I'~OBERT ~ CLYBUP~N' Kempn, dle Borough ROBERT K DEAN Pnncess Anne B~nough l O[ IS R JO'qES Bax~de Borough PqU/ J L4~4TEIGNE Pungo Borough JOHN' D ~fOS~ At Large %4NC't K PARKER At Large ] 4'vIES K SPORE C~t~ Manager I_[ SLIE L LILLE~ C~tv Attorney: RI_ '1H HODGL$ SMITH CMC AAE C~t~ Clerk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9005 1804~ 427 4303 DECEMBER 15, 1992 CITY A'I-rORNEY'S BRIEFING - Council Chamber - A. QUEEN CITY REAL ESTATE SURVEY AND TITLES Leslie L. Lilley, City Attorney 4:00 PM II. CITY MANAGER'S BRIEFINGS A. FY 1993-1994 OPERATING BUDGET SCHEDULE E. Dean Block, Director, Management and Budget B. COMMUNITY ORGANIZATION INCENTIVE GRANTS E. Dean Block, Director, Management and Budget III. INFORMAL SESSION A. B. CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION - Council Chamber - 5:00 PM IV. FORMAL SESSION - Council Chamber - 6:00 PM A. B, C. CALL TO ORDER - Mayor Meyera E. Oberndod INVOCATION: Reverend Richard J. Keever Bayside Presbyterian Church 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. PUBLIC HEARING - School Board Candidates' Interview - December 8, 1992 2. INFORMAL & FORMAL SESSIONS -December 8, 1992 G. PUBUC HEARINGS 1. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION a. BAY ISLAND YACHT CLUB BIRDNECK POINT COMMUNITY LEAGUE, INC. CLUB BRI'I-I'ANY, INC. HOLLAND MEADOWS SWIM & RACQUET CLUB, LTD. LARKSPUR CIVIC LEAGUE, LTD. LARKSPUR SWIM & RACQUET CLUB, LTD. NORTH ALANTON CIVIC LEAGUE, INC. PEMBROKE MEADOWS CIVIC LEAGUE, INC. PINE RIDGE CIVIC LEAGUE, LTD. H. RESOLUTIONS/ORDINANCE . Resolutions supporting legislation designating the following benevolent corporations re real and personal property state and local tax exemption: a. BAY ISLAND YACHT CLUB BIRDNECK POINT COMMUNITY LEAGUE, INC. CLUB BRI'I-I'ANY, INC. HOLLAND MEADOWS SWIM & RACQUET CLUB, LTD. LARKSPUR CIVIC LEAGUE, LTD. LARKSPUR SWIM & RACQUET CLUB, LTD. NORTH ALANTON CIVIC LEAGUE, INC. PEMBROKE MEADOWS CIVIC LEAGUE, INC. PINE RIDGE CIVIC LEAGUE, LTD. . Resolution to provide health care coverage to Virginia Beach City employees who retire prior to age sixty-five (65) with twenty-five (25) or more years of service; and, on work- related disability with five (5) or more years of service. Deferred: December 1, 1992 . Ordinance to APPROPRIATE $6.0-Million from the General Fund Balance re loan to the Development Authority subject to final review and approval of the closing documents by the City Attorney, execution of such documents by the Development Authority, NationsBank and other necessary parties; and, appointing the City Manager as Trustee under the Development Authority's Deed of Trust to the City of Virginia Beach with authorization to approve or disapprove acquisition of additional property, expenditure of funds for infrastructure or other development costs by the Development Authority. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. , Resolution requesting the Virginia Department of Transportation apply the designated Constitution Drive funding of $2,860,396.90 to the construction of 1.2 miles of Indian River Road Phase V highway improvement project; and, that the City pay its share in accordance with State Code Section 33.1-44. . Resolution authorizing the Director of Finance pay Morag D. Nocher and Noreen N. White the value, principal and interest accrued, of General Obligation Public Improvement Bond, Series of 1989B, 1992 maturity (Capital Appreciation Minibonds), numbered R-382, on the date of maturity without the necessity of replacing the lost or misplaced Minibond. . Ordinance to APPROPRIATE $5,500 from the current balance in the Francis Land House Board of Governors Trust Fund re expenditures supporting the mission, goals and activities of the Francis Land House and to purchase transport mobility equipment for impaired individuals. . Ordinance declaring any property of the City of Virginia Beach located within the parcel of land at the Southwestern corner of Euclid Road and Independence Boulevard described as "4.8578 AC" on the Resubdivision Plat of Lewis Family Partnership as EXCESS property; and, authorizing the City Manager to execute a Deed of Boundary Settlement conveying same to the Lewis Family Partnership (KEMPSVILLE BOROUGH). . Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 49th Street (The Hollies) to Jeffery A. Breit and Suzanne Reigel re construction and maintenance of a four (4)-foot high brick and wood fence (VIRGINIA BEACH BOROUGH). . LOW BID: W. R. HALL, INC. Witchduck Road (CIP 6-019) Alfriends Trail (CIP 6-973) Sewer Improvements $183,602.43 7. Ordinance authorizing License Refunds in the amount of $4,018.08. J. PLANNING , Petition of COLUMBUS CENTER ASSOCIATES for the discontinuance, closure and abandonment of a portion of Columbus Street beginning at the Eastern boundary of Constitution Drive and running in an Easterly direction a distance of 650 feet, being 50 feet in width and containing 33,854 square feet (BAYSIDE BOROUGH). Deferred Indefinitely: July 9, 1990 Recommendation: APPROVAL . Applications of FLOYD E. BONNEY, JR. re property in the AG-2 Agricultural District on the West side of Princess Anne Road, 2082 feet North of Vaughan Road (PUNGO BOROUGH): Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance and shall meet the minimum lot width requirement of one hundred fifty (150) feet in the AG-2 Agricultural District, containing 2.79 acres; AND, Conditional Use Permit for a single-family dwelling, containing 1.76 acres. Recommendation: WITHDRAWAL . Application of THOMAS AND CYNTHIA MINSTERMAN for a Conditional Use Permit for a home occupation (day care) on Lot 49, Block 4, Windsor Woods (3604 Kings Point Road), containing 7,500 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL . Application of ROCK CHURCH MINISTRIES for a Conditional Use Permit for a church and a fifty_ (50)-unit home for the aged on the Northeast corner of Kempsville Road and Manor Drive (620 Kempsville Road), containing 7.546 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL . Application of AMOCO OIL COMPANY for a Modification to the Green Run Land Use Plan to allow gasoline pumps in conjunction with a convenience store and a car wash on Parcels C-2A and a portion of C-2E at the Southeast corner of Princess Anne Road and South Independence Boulevard, containing 46,239.2 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL K. APPOINTMENT COMMUNITY POLICY AND MANAGEMENT TEAM L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 12/10/92mlm/cmd AGENDA\12-15-92.PLN City of Virgi aia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIl. ~IA~OR MEY£P~'~ E OBERNDORF. At %'1( F ,~AYOR R'ILUAM D Id%'~ (X)D 0 B~(.II II1, V.~mm ~mh i~mmgh ROBI RT ROBLRT K DEAN, Pn.ce. Anne ~gh LOUIS ~ ]0.%'~ ~nde ~gh PAUl ] ~EIGNE Pu~ ]OIfN D ~fO~. At-~rge ~A~C~ K PA~ER. ,I % M~.% K SPORE. C~,~ Manager I.E~LIE L. I ILLEY. C,v RUTH tlODGES SMITIt. CMC, Aa.E. C,) Cl~& CITY COUNCIL AGENDA 281 CIT~ HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACII, VIRGINIA 214.5e (8041 427 4303 DECEMBER 15, 1992 CiTY ATTORNEY'S BRIEFING - Council Chamber - QUEEN CITY REAL ESTATE SURVEY AND TITLES Leslie L. Lilley, City Attorney 4:00 PM il. CITY MANAGER'S BRIEFINGS FY 1993-1994 OPERATING BUDGET SCHEDULE E. Dean Block, Director, Management and Budget B. COMMUNITY ORGANIZATION INCENTIVE GRANTS E. Dean Block, Director, Management and Budget III. INFORMAL SESSION A. B. CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION - Council Chamber - 5:00 PM IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Ce Reverend Richard J. Keever Bayside Presbyterian Church 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. PUBLIC HEARING - School Board Candidates' Interview - December 8, 1992 2. INFORMAL & FORMAL SESSIONS - December 8, 1992 Ge PUBUC HEARINGS 1. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION aJ g. h. i. BAY ISLAND YACHT CLUB BIRDNECK POINT COMMUNITY LEAGUE, INC. CLUB BRI'I-r'ANY, INC. HOLLAND MEADOWS SWIM & RACQUET CLUB, LTD. LARKSPUR CIVIC LEAGUE, LTD. LARKSPUR SWIM & RACQUET CLUB, LTD. NORTH ALANTON CIVIC LEAGUE, INC. PEMBROKE MEADOWS CIVIC LEAGUE, INC. PINE RIDGE CIVIC LEAGUE, LTD. He RESOLUTIONS/ORDINANCE 1. Resolutions supporting legislation designating the following benevolent corporations re real and personal property state and local tax exemption: BAY ISLAND YACHT CLUB BIRDNECK POINT COMMUNITY LEAGUE, INC. CLUB BRI'I-i'ANY, INC. HOLLAND MEADOWS SWIM & RACQUET CLUB, LTD. LARKSPUR CIVIC LEAGUE, LTD. LARKSPUR SWIM & RACQUET CLUB, LTD. NORTH ALANTON CIVIC LEAGUE, INC. PEMBROKE MEADOWS CIVIC LEAGUE, INC. PINE RIDGE CIVIC LEAGUE, LTD. e Resolution to provide health care coverage to Virginia Beach City employees who retire prior to age sixty-five (65) with twenty-five (25) or more years of service; and, on work- related disability with five (5) or more years of service. Deferred: December 1, 1992 Ordinance to APPROPRIATE $6.0-Million from the General Fund Balance re loan to the Development Authority subject to final review and approval of the closing documents by the City Attorney, execution of such documents by the Development Authority, NationsBank and other necessary parties; and, appointing the City Manager as Trustee under the Development Authority's Deed of Trust to the City of Virginia Beach with authorization to approve or disapprove acquisition of additional property, expenditure of funds for infrastructure or other development costs by the Development Authority. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. . Resolution requesting the Virginia Department of Transportation apply the designated Constitution Drive funding of $2,860,396.90 to the construction of 1.2 miles of Indian River Road Phase V highway improvement project; and, that the City pay its share in accordance with State Code Section 33.1-44. . Resolution authorizing the Director of Finance pay Morag D. Nocher and Noreen N. White the value, principal and interest accrued, of General Obligation Public Improvement Bond, Series of 1989B, 1992 maturity (Capital Appreciation Minibonds), numbered R-382, on the date of maturity without the necessity of replacing the lost or misplaced Minibond. e Ordinance to APPROPRIATE $5,500 from the current balance in the Francis Land House Board of Governors Trust Fund re expenditures supporting the mission, goals and activities of the Francis Land House and to purchase transport mobility equipment for impaired individuals. · Ordinance declaring any property of the City of Virginia Beach located within the parcel of land at the Southwestern corner of Euclid Road and Independence Boulevard described as '4.8578 AC" on the Resubdivision Plat of Lewis Family Partnership as EXCESS property; and, authorizing the City Manager to execute a Deed of Boundary Settlement conveying same to the Lewis Family Partnership (KEMPSVILLE BOROUGH). · Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 49th Street (The Hollies) to Jeffery A. Breit and Suzanne Reigei re construction and maintenance of a four (4)-foot high brick and wood fence (VIRGINIA BEACH BOROUGH). · LOW BID: W. R. HALL, INC. Witchduck Road (CIP 6-019) Alfriends Trail (CIP 6-973) Sewer Improvements $183,602.43 7. Ordinance authorizing Ucense Refunds in the amount of $4,018.08. J. PLANNING · Petition of COLUMBUS CENTER ASSOCIATES for the discontinuance, closure and abandonmer~t of a portion of Columbus Street beginning at the Eastern boundary of Constitution Drive and running in an Easterly direction a distance of 650 feet, being 50 feet in width and containing 33,854 square feet (BAYSIDE BOROUGH). Deferred Indefinitely: July 9, 1990 Recommendation: APPROVAL . Applications of FLOYD E. BONNEY, JR. re property in the AG-2 Agricultural District on the West side of Princess Anne Road, 2082 feet North of Vaughan Road (PUNGO BOROUGH): Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance and shall meet the minimum lot width requirement of one hundred fifty (150) feet in the AG-2 Agricultural District, containing 2.79 acres; AND, Conditional Use Permit for a single-family dwelling, containing 1.76 acres· Recommendation: WITHDRAWAL . Application of THOMAS AND CYNTHIA MINSTERMAN for a Conditional Use Permit for a home occupation (day care) on Lot 49, Block 4, Windsor Woods (3604 Kings Point Road), containing 7,500 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL e Application of ROCK CHURCH MINISTRIES for a C0r~ditional Use Permit for a church and a fifty_ (50)-unit home for the aqed on the Northeast corner of Kempsville Road and Manor Drive (620 Kempsville Road), containing 7.546 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL . Application of AMOCO OIL COMPANY for a Modification to the Greel3 Run Land Use Plan to allow gasoline pumps in conjunction with a convenience store and a car wash on Parcels C-2A and a portion of C-2E at the Southeast corner of Princess Anne Road and South Independence Boulevard, containing 46,239.2 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL K. APPOINTMENT COMMUNITY POLICY AND MANAGEMENT TEAM L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 12/10/92mlm/cmd AGENDA\12-15-92.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, V~rg~nia December 15, 1992 Mayor Meyera E. Oberndorf called to order the CITY ATTORNEY'S BRIEFING of the QUEEN CITY REAL ESTATE SURVEY AND TITLES for the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 15, 1992, at 4:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Absent. None -2- CITY MANAGER'S BRIEFING QUEEN CITY REAL ESTATE SURVEY AND TITLES ITEM # 36336 4:00 P.M. City Attorney Leslie L. Lilley distributed a copy of "A Study of Queen City - Real Estate Survey and Title Problems and Proposed Solutions ". Copy of same is hereby made a part of the record. In April of this year Ernest L. Benson, Sr., Queen City Civic League, requested assistance relative the serious problem with real estate titles in the Queen City area. This report was compiled by Assistant City Attorney William C. Bunch, Jr. It is a collection of work prepared by the Departments of Housing and Neighborhood Preservation, Public Works, Planning, Real Estate Assessor, the Office of Budget and Management, with Volunteer work by Attorney Wallace B. Smith, Land Surveyor Lee S. Rood and Title Insurer Robert Hofheimer. Mr. Lilley advised the Study is submitted in an effort to: 1. Identify the numerous title defects which are found in Queen City. 2. Identify the extent to which public funds may lawfully be expended in this endeavor. Suggest a possible course of action which may assist the owners of properties in Queen City in clearing certain of their defects in title. Mr. Lilley referenced EXHIBIT A - PLANIMETRIC, page 5, (Planimetric, a tax map). The property lines and the housing structures outlined on this Planimetric reflect the problems. Many of the houses straddle lot lines. EXHIBIT B comprises the SURVEY REPORT OF LEE S. ROOD, P.C. and basically identifies the genesis of the problem. The problems began when the subdivision plat for Queen City was put to record in 1910. The perimeter boundaries as shown on that plat do not close; there is an insufficient amount of land area to accommodate all of the lots shown on the plat; and the dimensions of the lots are not clearly and accurately defined. The problems created by the 1910 plat are of great significance and affect virtually every lot in Queen City. As a result of the uncertainty as to lot description and locations which were caused by the 1910 plat, subsequent construction and conveyances have served to compound the problem. This will necessitate the redrawing of lot lines. Further examples of problems affecting one or more lots include encroachments, nonconforming lots, judgments, missing heirs (owners), deeds of trusg overlapping lot lines, breaks in the chain of titles, unrecorded documents, lis pendens, life estates and omissions in some recorded documents. EXHIBIT C entails the REPORT OF DEPARTMENT OF SURVEYS AND MAPPING comprising a schedule and cost estimate for providing a survey and drawings of the above subject. EXHIBIT D - REPORT OF WALLACE B. SMITH, ESQ. encompasses the estimate of legal fees and title problems. Public funds cannot be expended to correct all of the title problems that are to be found in the subdivision; however, a first step in clearing these problems would be for the City, through the curb and gutter CIP project, to initiate a resurvey of the perimeter boundaries of Queen City and the city streets therein. Surveys and legal costs for individual properties can be funded with Community Development Block Grant funds when these properties are being improved through an eligible housing rehabilitation program, which criteria requests that the owners be eligible for housing rehabilitation financial assistance and the entire property is brought into Code compliance. It is relatively obvious that this ambitious project can only succeed with (1) virtually 100% participation by the property owners, both as to a willingness to compromise interests and to expend their private funds to correct their title problems; and (2) administrative assistance and cooperation from several City departments including the Departments of Public Works, Housing and Neighborhood Preservation, Planning and Law. December 15, 1992 -3- CITY MANAGER'S BRIEFING QUEEN CITY REAL ESTATE SURVEY AND TITLES ITEM # 36336 (Continued) Mr. Lilley referenced EXHIBIT E - REPORT OF REAL ESTATE ASSESSOR, EXHIBIT F - REPORT OF PIONEER TITLE INSURANCE COMPANY and EXHIBIT G - REPORT OF DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION. OUTLINE OF PROPOSED SOLUTIONS o 2. 6. While listed last under problems identified, 100% property owner and lien holder agreement to undertake a solution is an absolute prerequisite to the initiation of any effort to resolve these problems. This involves commitment to reach voluntary compromises in redrawing lot lines and the willingness to expend private funds to resolve these problems. A resurvey of the perimeter of the Queen City subdivision and all streets therein can be undertaken by the City as a part of CIP Project #2-213 Queen City curb and gutter improvements. The necessary legal and survey work would be for the public purpose of establishing, with reasonable certainty, the boundaries of the subdivision so as to fix the locations of improvements to be constructed. This will correct many of the 1910 subdivision plat problems. Mr. Lee Rood, has estimated that this work will cost approximately $51,000 (see Exhibit B). Funds are currently available in CIP Project #2-213 which can be expended for this purpose (See Erfibit H). After perimeter boundaries are set, individual lot owners must fund the survey of their lots so as to properly affix lot lines and determine encroachments. While this process can take place on a lot-by-lot basis to some extent, it wouM be preferable to accomplish this task on a comprehensive basis with each individual lot being assessed its portion of the work (see work plan summary prepared by Lee S. Rood - Exhibit B). Concurrently with the resurvey of individual lots, title problems identified in Exhibit D must be resolved in order to join all proper parties in redrawing lot lines. The redrawing of lot lines will be necessary due to insufficient land area for the dimensions of each lot created by the 1910 subdivision survey and to cure, to the extent possible, encroachment problems which appear in Exhibit A. Funding for the perimeter survey can be provided by the City in coordination with its CIP Project in FY 93-94. Surveys and legal costs for individual properties can be funded with Community Development Block Grant funds when these properties are being improved through an eligible housing rehabilitation program, which criteria requires that the owners be eligible for housing rehabilitation financial assistance and the entire property is brought into Code compliance (see Exhibit G). Owners who are not eligible must raise private funds to accomplish the necessary work. Upon certification of survey and title for each property, title insurance will be available to the property owners (See Exhibit F). It is recommended that in order to facilitate a program of this complexity and magnitude that the Department of Public Works be assigned responsibility to perform the necessary survey work and coordinate the necessary real estate and support work with assistance from the Department of Housing and Neighborhood Preservation, Planning and City Attorney's Office. December 15, 1992 -4- CITY MANAGER'S BRIEFING QUEEN CITY REAL ESTATE SURVEY AND ~TLES ITEM # 36336 (Continued} Maryann L Ustick, Director - Housing and Neighborhood Preservation, advised there are approximately 30 houses in the Virginia Beach side of the Queen City subdivision. Community Development Block Grant funds can only be used to fund the legal services necessary to clear titles for individual properties when these properties are being improved through an eligible housing rehabilitation program. Mrs. Ustick estimated that approximately 80% of the houses would be eligible. The cost of resolving the title problems is considered a necessary part of completing the rehabilitation of the property. Mr. Lilley referenced the Outline of Problems on Page 3, said report advises the funding entailed: Funding of solutions is not without its own complexities. Solving these problems will be expensive. The total cost of survey work required as estimated by the City's Survey and Mapping Division is approximately $184,036, which includes perimeter as well as individual lot surveys (See Exhibit C) and estimated legal costs range from $4,740 to $27,500 (See Exhibit a). Ernest Benson, expressed appreciation to City Council and the City Attorney for all their efforts. December 15, 1992 -5- CITY MANAGER'S BRIEFING 1993 - 1994 OPERATING BUDGET SCHEDULED ITEM # 36337 4:35 P.M. E. Dean Block, Director of Management and Budget, distributed the proposed FY 1993-94 OPERATING BUDGET SCHEDULE. Submission of School Superintendent's Budget to School Board Tuesday February 16, 1993 City Manager makes final recommendations Wednesday March 10, 1993 School Board Adoption of School Budget Complete printing of City's proposed Operating Budget Presentation of Proposed Budget Tuesday March 16, 1993 Friday March 26, 1993 Tuesday March 30, 1993 First Budget Workshop Council Chambers Tuesday April 6, 1993 10:00 A34. - 12:00 NOON Second Budget Workshop Council Chambers Tuesday April 13, 1993 10:00 A.M. - 12:00 NOON First Public Hearing Green Run High School Thursday April 15, 1993 7:00 P.M. - 10:00 P.M. Third Budget Workshop Council Chambers Tuesday April 27, 1993 3:00 P.M. Second Public Hearing Princess Anne High School Thursday April 29, 1993 7:00 P.M. - 10:00 P.M. Reconciliation Workshop Council Chambers Thursday May 6, 1993 Adoption of FY 1993-94 Operating Budget Council Chambers Tuesday May 11, 1993 2:00 P.M. - 3:00 P.M. Councilman Moss advised the key date is February 16, 1993, the submission of the School Superintendent's budget to the School Board. Councilman Lanteigne advised he will be requesting a Charter Amendment be DRAFTED relative the DUI Cost Recovery Bill by the City Attorney and scheduled for the City Council Session of January 5, 1993. The City Manager advised acceleration of plans to discuss the percentage of the Budget for the School Board. The City Staff will be meeting with the School system to discuss the independent formulas in draft form and will advise the City Council on January 5, 1993. The Third Budget Workshop on April 27, 1993, was RESCHEDULED to 3:00 P.M. The Reconciliation Workshop on Thursday May 6, 1993, will be RESCHEDULED. Councilman Branch encouraged the City Council to speak with their School Board representatives as soon as possible concerning their utilizing the same processes as the City does in their Budget. December 15, 1992 -6- CITY MANAGER'S BRIEFING 1993 - 1994 OPERATING BUDGET SCHEDULED ITEM # 3633 7 (Continued) Councilman Baton requested infortnation regarding proposed pay raises be reflected in terms of the increases in real estate tax. Councilman Moss will present proposed resolutions concerning a completely Revenue Neutral Budget and one with only the real estate tax increase eliminated. Information will also be presented by the City Manager relative the cost of additional items and their representation in terms of taxes. Information will also be presented regarding user fees on various services requiring legislative action by the General Assembly. Mayor Oberndorf referenced the Real Estate Assessor's letter of November Twelfth, advising of the possibility of changes in the income or net worth limitations of senior citizens and disabled individuals. If City Council is going to consider this legislation, Mr. Jerald Banagan, City Assessor, needs to be aware for administrative purposes by January 15, 1993. December 15, 1992 -7- CITY MANAGER'S BRIEFING COMMUNITY ORGANIZATION INCENTIVE GRANTS 5:30 P.M. ITEM # 36338 The City Manager introduced Mary Gentry, Budget Analyst, who responded to City Council's Policy Item Il-B, Respond to Human Needs: Family, Youth and Individual Services - Resource Allocation: Process and Structure. Mrs. Gentry distributed a policy report regarding the allocation process for the Community Organization Incentive Grant (COIG). Basically, the program this year is funding $222,000 in General Appropriations to Eighteen (18) different agencies at the rate of 55 cents per capita. These agencies address a variety of needs in the community including self-sufficiency, health assistance, housing shelter, safety and crime. These agencies are listed on Attachment A, which gives funding history since 1980 and includes the 1993 funding levels. Basically the program is designed according to the Council guidelines in 1989 to foster new services by providing last resort funding, by not exceeding 35% of the agency's total budgeg by funding agencies that compliment existing City services or provide unique services to the Community. These are designed to encourage community support by being phased out after five (5) years. The Guidelines and Procedures are reflected in Attachment B. In October of each year public notice of availability of grant applications is placed in THE BEACON. The Department of Management and Budget reviews the content of all applications and then forwards them to various City agencies for their input. There is a broad based ranking system which assists the City Manager in making specific recommendations to City Council as part of the Operating Budget. The City Council considers and approves the specific funding levels as part of the Operating Budget during the Public Hearings. If City Council wishes to continue with a formal process, then two key issues should be addressed: Who will review and rank applications: City staff or City Council appointed Committee? 2. Will Council appropriate funds to individual agencies as part of Operating Budget Process or will Council appropriate funds as block to the program with a committee allocating funds to individual agencies. Mrs. Gentry outlined the Advantages and Disadvantages of Three Options: OPTION A Review by Department of Management and Budget City Manager recommends funding levels for agencies as part of the Proposed Operating Budget. Appeals heard by Council during hearings for Operating Budget. Council appropriates funding for each agency as part of the Operating Budget. ADVANTAGES Maintain direct Council control. Process more efficient than a decentralized or multi-step process. Funding levels set by City Manager/Council made in overall context of budget. DISADVANTAGES Appeals heard by Council during Public Hearing thereby limiting Council's ability to focus on issues related specifically to applicant agencies. Disproportionate amount of Public Hearing time may be consumed by applicant appeals. Limited Council input in making recommendations, reviewing applications and evaluating agencies. December 15, 1992 -8- CITY MANAGER'S BRIEFING COMMUNITY ORGANIZATION INCENTIVE GRAN~ ITEM # 36338 (Continued) DISADVANTAGES (Continued) Staff may not be fully knowledgeable of agency needs. OPTION B Review by Council appointed advisory committee Committee recommends funding levels for agencies Proposed Operating Budget. Appeals heard by Council during Hearings for Operating Budget. Agency funding appropriated as a part of the Operating Budget. AD VANTAGES Could involve community representatives with knowledge of community needs. Could include representatives with expertise in not-for-profit agencies. Committee meets with agencies during review to ensure equal access for agencies. Could reduce amount of time required at Public Hearings. Council responsible for final allocations. Reporting and allocation process centralized. DISADVANTAGES Appeals heard by Council during Public Hearings. Committee process could be undermined by Council allocations beyond committee process. Additional step added to process. OPTION C Review by Council appointed advisory committee. Committee meets with applicants. Block of funds appropriated as a part of the Operating Budget. Agency funding determined by committee after the Operating Budget is adopted. ADVANTAGES Committee provides initial level of appeals. Council provides funding policy level and broad guidelines for program. Could involve community representatives with knowledge of community needs. Committee meets with agencies during review to ensure equal access for agencies. Could reduce amount of time required at public hearings. DISADVANTAGES Council authority delegated for final agency allocations. May limit direct appeals to Council Agencies notified of funding later in fiscal year. This Briefing was continued in the FORMAL SESSION. December 15, 1992 -9- ITEM # 36339 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 15, 1992, at 5:35 P.M. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 15, 1992 - 10 - ITEM # 36340 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments - Boards and Commissions: Community Policy and Management Team Community Services Board Resort Area Advisory Commission PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Acquisition or Disposition of Property - Ferry Farm House LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7) To-Wit: Title and Zoning Considerations - Ferry Farm House Upon motion by Vice Mayor Sessotns, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Bautn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis IL Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 15, 1992 - 11 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL December 15, 1992 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 15, 1992, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Richard J. Keever Bayside Presbyterian Church PLEDGE OF ,4LLEGL4NCE TO THE FLAG OF THE UNITED STATES OF AMF~RICA December 15, 1992 - 12 - Item IV-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 36341 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera £. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 15, 1992 CERTIFICATION OF FgUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach C~ty Counczl convened into EXECUTIVE SESSION, pursuant to the afflrmatzve vote recorded ~n ITEM # 36340, Page No. 10, and in accordance with the prov~smons of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Vlrg~nza requires a certification by the governing body that such Executive Session was conducted ~n conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Vzrg~nia Beach C~ty Council hereby certifies that, to the best of each member's knowledge, (a) only public bus~ness matters lawfully exempted from Open Meeting requirements by Virginia law were d~scussed in Executive Session to which thms certmflcat~on resolution applies; and, (b) only such public busmness matters as were identified zn the motzon convening th~s Executmve Session were heard, discussed or considered by Vzrgin~a Beach City Council. R~th Hodges ~m~th, CMC/AAE C~ty Clerk December 15, 1992 - 13 - Item IV- F. 1. MINUTES ITEM # 36342 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the PUBLIC HEARING -School Board Candidates' Interview of December 8, 1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 15, 1992 - 14 - Item IV-F. 2. MINUTES ITEM # 36343 Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of December 8, 1992. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None December 15, 1992 - 15 - Item IV-F.$. ANNOUNCEMENT ITEM # 36344 Mayor Oberndorf recognized the following scouts in attendance to earn their merit badges: TROOP 417 SCOUTMASTERS Tom Haddaway Don Sharpe Steven Butler Alex Campbell Josh Barnes Nathan Haddaway Stephen Sharpe Tyler Cooke Richard Gold Chris Appleback Chris Searifino Bryan Dantro December 15, 1992 - 16 - Item IF-G.I. PUBLIC HEARINGS ITEM # 36345 Mayor Oberndorf DECIatRED PUBLIC HEARINGS: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION BAY ISL,4ND YACHT CLUB BIRDNECK POINT COMMUNITY LEAGUE, INC. CLUB BRITTANY, INC. HOLLAND MEADOWS SWIM & RACQUET CLUB, LTD. LARKSPUR CMC LEAGUE, LTD. LARKSPUR SWIM & RACQUET CLUB, LTD. NORTH ~TON CMC LEAGUE, INC. PEMBROKE MEADOWS CMC LEAGUE, INC. PINE RIDGE CMC LEAGUE, LTD. Maury Jackson, President of the Council of Civic Organizations, advised the CCO endorses the request of a number of civic associations for exemption from taxation of their community-owned real properties and distributed a position paper, which is hereby made a part of the record. Mr. Jackson advised effective January Firsg Mr. Lee H. Dupree wouM be President of the Council of Civic Organizations. The following registered in SUPPORT of the Resolution, but did not speak: The Honorable Leo G. Wardrup, Jr., Delegate, Post Office Box 5266, Phone: 363-2963 Arthur IL Lane, Jr., 1229 Whispering Waters Way, Phone: 481-3122, represented Club Brittany, Inc. Michael Krueger, 4048 Thomas Jeffer, Phone: 340-1869, represented Holland Meadows Swim & Racquet Club. Don Sharpe, 529 Wedge Drive, Phone: 497-8813, represented the Larkspur Swim & Racquet Club. Thomas C. Dawson, Jr., 1517 Alanton Drive, represented North Atlantic Civic League, Inc. Roy W. Brun, President - Larkspur Civic League, 4500 Par Avenue, Phone: 499-4342 James F. Willenbrink, Chairman - CCO Ad Hoc Committee for Property Tax Relief and Pembroke Meadows Civic League, Phone: 497-0700 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 15, 1992 - 17- Item IV-H. 1. RESOLUTIONS~ORDINANCE ITEM # 36346 Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolutions supporting legislation designating the following corporations re real and personal property state and local tax exemption: BAY ISLAND YACHT CLUB BIRDNECK POINT COMMUNITY LEAGUE, INC. CLUB BRITTANY, INC. HOLI. AND M~OWS SWIM & RACQUET CLUB, LTD. IatRKSPUR CMC LEAGUE, LTD. LARKSPUR SWIM & RACQUET CLUB, LTD. NORTH ALANTON CMC LEAGUE, INC. PEMBROI~ MEADOWS CMC LEAGUE, INC. PINE RIDGE CMC LEAGUE, LTD. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert I~ Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None December 15, 1992 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY BAY ISLAND YACHT CLUB AS BEING EXEMPT FROM STATE AND LOCAL TAXATION WHEREAS, property located in the City of Virginia Beach and owned by Bay Island Yacht Club is currently subject to ad valorem taxation; WHEREAS, Bay Island Yacht Club 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 Bay Island Yacht Club as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.4 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 § 30-19.4(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 Bay Island Yacht Club should be designated as a benevolent corporation 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 Bay Island Yacht Club and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local 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 Bay Island Yacht Club as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that 35 36 37 38 39 40 real and personal property owned by Bay Island Yacht Club which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December , 1992. 41 42 43 44 CA-4935 ORDIN\NONCODE\ BAYI SL. RES R-2 PREPARED: 12/09/92 APPLICATION TO CITY OF VIRGINIA BEACH FOR EX]EM]PTION FROM PERSONAL AND REAL PROPERTY TAXATION Applmcants: Please fmll out thins form and submmt same to the City Manager, Municipal Center, VLrginia Beach, Virgznma 23&56. In any Lustance where additmonal space is needed to complete your answer to a partmcular questmon, please utilize a separate sheet of paper and attach at to r_has app licatmon. Formal Name of Corporation/Organization: .,_..,~ . ~'~ .?.., ., ,"i , / Address: · · Telephone Ndmber: · i Is the Organization chartered or incorporated under the laws of the Commonwealth of Virginia? 2. For what purpose is the group chartered? · Describe in detail and specify the location of all real and personal property for which exemption is sought. · List the present tax assessment of each parcel of real property for which this exemption is sought: Parcel Description: Assessed Value: Land: Improvements: Total Assessed Value: Parcel Description: Assessed Value: Land: Improvements: Total Assessed Value: List the present tax assessment, by tax bill, of personal property for which the exemption is sought. . For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and floor locations. Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If yes, give details. be Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. e With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwise. If so, give all details. '8. Is the organization exempt from taxation pursuant to Seczion 501(c) of the Internal Revenue Code of 19547 If so, attach documentation. 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? Is any director or officer of the agency paid compensation in excess of a reasonable allowance 'for salaries or other compensation? 11. Does any part of the earnings, exclusive of salaries, of such organization inure to the benefit of any individual? If so, list what portion and to whom for each of the past three years. 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. 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the reclpient or method of determing cost of the services to the recipient, and any other details you deem pertinent. 14. What part, if any, of the activities of the organization involves carrying on propaganda, or otherwise attempts to influence legislation? 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. 16. State the organization's rule, regulation, policy, or practice concerning discrimination on the basis of religious conviction, race, color, sex or natural origin. 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. 18. 'l In addiuion to the above, please provide the following information: (a) A copy of the organization's most recent audited financial statement (i.e., current balance sheet and income and expense statement for the organization's last fiscal period). (b) A detailed listing of the current salaries and/or other compensation of the officers and directors of the crganizat!on. In addition, please ~pecify as to each officer or director so listed, the basis of the listed salary or compensation (i.e., annually, per meeting, hourly, commission, etc.). (c) List the salary ranges of each employee position classification and list the number of full-time and part-time employees in each such classification. (d) Specify what percentage of gross income of the organization was required to pay real and personal property taxes for each of the last three years. (e) Explain in detail why the City Council of the City of Virginia Beach should recomme.nd to the General Assembly of Virginia that this organization should be exempt from real and personal taxation in the City cf Virginia Beach. Please include in your explanation, the services provided by the organization. This form was prepared by ~ ~ ~,/~ ~ ~.-\, ~.?<.~,,,~.~ ,~ . , whose title with the organization is ~.',~, ~ ./,,.,_~ ~,, / STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: · ,l ~,~ , , ~ ~ ~./(. · ~./ ; being duly sworn, deposes I and says that he/she is the , i, ~,_,, ~.},.~ (title) of the / ~._,. ~!, .~ Il,, l/. ~£:-.{~_ (legal name of ownershi~ / /n 6rganization)1 amed 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. ~i~0nat~re of Officer) Subscribed and sworn to before me this ~ ~~ day My Commission Expires BAY ISLAIfD YACHT CLUB (/o 2437 Spindrift Road Vlraln~a Beach, V~rdlnia 23451 481-1942 Attachment to th~ Application of the City of Virginia Beach For Exemption From Persona] and Real Property Taxation. 1. Yes. 2. The group was chartered for provide swimming and recreational facilities to the residents of the community. 3. Bay Island Yacht Club owns the ONE parcel of real estate located at the ~ntersectlon of Broad Bay and Spindrift Roads on Bay Island, Virginia Beach, V~rq~nla 23451-1722. The real p~-operty consists of a one-story bu~ld~n-q of app~oz~mately 600 squa~ e feet, and a 55,000 gallon swlmmin~ poo! (applo×lmat~_ly 40 x 40 feel). The ]and ~s approximately th~ee-quarf~,r of an acre. It ~s owned by the r~s~dential community No personal property is owned. Parcel Description: PLAT 0045 0037 SEC I LOT 79 PIN 1499 89 Assessed Value: Land: $100,000 Improvements: Total Assessed Value: $117,650 5. Present Tax Assessment: $1281.40 6. The real property ~s currently used as a swimming pool with a small bsth house and nothing more. Wh~le the name "Yacht Club" may superficially s~gn~fy ~ometh~ng mo~e ~mpos~ng, it ~n a mlsnom~ , It was used by original developer of t~e ~elgl~borhood as a marketing tool, an~] housed on-s~te real es[stu ,offices. It was deeded to the residentzal community when these offzces were abandoned. It ~s inaccessible to deep water recreational boating and at h~gh t~de, ~he adjacent wet-lands cannot accommodate any vessel w~th greater draft than a canoe. a. N o. b. No. 7. BIYC owns no personal property. 8. BIYC has been operating as a tax-exempt organization since ;ts inception. Wl~ile, to our knowledge, no IRS Forms are on ] ecord, however ~o documentation is available on this currently. 9. No. No alcoholic beverages are permitted on the grounds. 10. No. 11. No earnings benefit any individual. 12. No funds are received from donations, contributions, or taxes. 13. BIYC provides l'ect-ent~on~l swimming selvlces fo~ tlte commo]l good of ~]~= residents of the are~. H~m~e~s}~ip is not rest~-ic'ted in any way. The costs of iLlS ~nembe~sh]p z~] ~,'250 pel fam~ ]y , ~] ~}] appropriat~ leductl~llC [o~ ~lI~q] ,~ m emb e r r 14. BIYC in no way ~volves itself ~n the legxslative process. 15. No. 16. BIYC does not dtscrlminate in its membership practices or facilities utilization ~n any way. 17. President' Treasure¥' Hr. Jack A. Jackson 2707 L~nq Cte~k Dr~\,~ Virginia B~ch, VA 2~45]-]722 481-3875 Mrs. Carol L. G]eason 2437 Spindrift Road V~rginia Beach, VA ~3451-1722 18. a. b , e · A copy of. the BIYC f~nanc'ial statement will be forwarded under' :,=~parate ,:o~respondence. No compensatzon is paid to anyone. Two palt-t line ~q~plo oo~ (lit la Ie . . y. _~ eg~ rds) a paid $=..50 pet hour Approxmmately 20 % of out- gross ~ncome was r'equ~red to pay ~eal property taxes for the last three y~ars. The Virginia Beach C~ty Council should r-ecommend to the General ~ssembly of Virq~nia that the Bay Island Yacht Club should be exempt f~o~n foal r, stafe taxation ~n the City of Viro~n~a Beach becauso wnthout th~s exemptmon the organmzation wm]l be loss ~ble to opetet,-, m~t ft~e future. The open~.ng of the Gr=at Neck Rect-eatian Cente~ her: had a ~'~qnzficant nogat~ve impact upon our membezsh~p. Due to th~, lack of funds f~om memberships, we were unable to open ~or the summer of 1992. With contznued closure we wmll become a safety haza~d and nearby neighbo,.s will complain. BIYC ~s a smal] organizat:.on of (c~rrently) 18 members and only offers qwimmmnq recreaimon. The operation of this sw~mmmng facility provides wonderful recreatmonal activities to youth ~n this area, keepmng them ~nv*~l¢~-,~ ~, l~ealthy and so,md activities d~r~ng ehe s~nnmer monlh~ t¢l~,n sct~oo] is not in sessmon. It also provides for a means for n=iahbors w~th chmldren to get toqether and meet each other-. This abil.tty has far/her-reaching real~zatmons w~th reaards ~o ieenaa~ development and conduct. Aceordina to real estate agents, ms an tkem of Jnkeroo[ to home b~vol-~, and on}~ances the value (t~nd th~-~efore the tax baso) of the homes in the area. Th~s was prepared by Mrs. Carol L. Gleason, Treasurer. Signature)/ 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY BIRDNECK POINT COMMUNITY LEAGUE, INC. AS BEING EXEMPT FROM STATE AND LOCAL TAXATION WHEREAS, property located in the City of Virginia Beach and owned by Birdneck Point Community League, Inc. is currently subject to ad valorem taxation; WHEREAS, Birdneck Point Community League, 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 Birdneck Point Community League, Inc. as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.4 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 § 30-19.4(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 Birdneck Point Community League, Inc. should be designated as a benevolent corporation 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 Birdneck Point Community League, Inc. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local 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 Birdneck 36 37 38 39 40 41 42 43 Point Community League, Inc. as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Birdneck Point Community League, Inc. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December 1992 44 45 46 47 CA-4937 ORD IN \ NONCOD E\ B IRDNEC. RES R-2 PREPARED: 12/09/92 APPLICATION TO CITY OF VIRGINIA BEACH FOR ~TION FROM PERSONAL AND ~ PROPERTY TAXATION Applicants: Please fzll out this form and submit same to the City Manager, Municipal Center, Virginia Beach, Virginia 23456. In any unstance where additional space is needed to complete your answer to a particular question, please utilize a separate sheet of paper and attach it to thins app 1 lcat men. Formal Name of Corporation/Organization: Telephone N 1. Is of the Organization chartered or incorporated under the laws the Commonwealth of Virginia? · For what purpose is the group chartered? · Describe personal property for which exemption is 7/ ,ho,,Vr c Pt- £ '_ z, e, in detail and specify the location of all real and sought· · List the present tax assessment of each parcel of real property for which this exemption is sought: Parcel Parcel Description: 5iK'OIV~t~ ~t (..~tO0 5c=e.. Description: Assessed Value: Assessed Value: Land: $ ~'~O Land: ! Improvements: $ Improvements: $ Total Assessed Value: Total Assessed Value: ~ List the present tax assessment, by tax bill, of personal property for which the exemption is sought. . For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and floor locations. a · Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If yes, give details. be Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. ~ With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwise. If so, give all details. '8. Is the organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 19547 If so, attach documentation. · 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? Is any director or officer of the agency paid compensation in excess of a reasonable allowance 'for salaries or other compensation? 11. Does any part of the earnings, exclusive of salaries, of such organization inure to the benefit of any individual? If so, list what portion and to whom for each of the past three years. 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. 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of determing cost of the services to the recipient, and any other details you deem pertinent. 14. What part, if any, of the activities of the organization involves carrying on propaganda, or otherwise attempts to influence legislation? 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. 16. State the organization's rule, regulation, policy, or practice concerning discrimination on the basis of religious conviction, race, color, sex or natural origin. 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. 18. In addition to the above, please provide the following information: (a) A copy of the organization's most recent audited financial statement (i.e., current balance sheet and income and expense statement for the organization's last flsca! period). (b) A detailed listing of the current salaries and/or other compensation of the officers and directors of the organization. In addition, please ~pecify as to each offlcer or dlrector so listed, the basis of the listed salary or compensation (i.e., annually, per meeting, hourly, comm~sszon, etc.). (c) List the salary ranges of each employee position classification and list the number of full-time and part-time employees in each such classification. (d) Specify what percentage of gross income of the organization was required to pay real and personal property taxes for each of the last three years. (e) Explain in detail why the City Council of the City of Virginia Beach should recommend to the General Assembly ~/'TT"-~J,~°~ 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. This form was prepared by ~ ' '~' '~~~'(--/3 _ ' whose title with the organization is ~~,~&~c--.. . ( Signature ) Date ////0/~. STATE OF VIRGINIA CITY OF VIRGINIA BEACH. to-wit: ~' '~' ~~ ~'~-f-~q.-A_ --_~being duly sworn, deposes and says that he/she is the /~-~[~~~ . (title) of ownership organization) named in the within entitled application; that he has read the foregoing information sheet and knows the contents thereof; and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief, and as to those matters he believes it to be true. (Signature of' Officer) Subscribed and sworn to before me this day Notary Public My Commission Expires //- ~C~- qO'~ Balance on b~nd- 9/17191 Deposit - 9/20/91 " . D[SBtq~ EM~NTS_. 10/_4/91- C~11i~- Va.Power 10/!1/91- "1115- V B Print.Invit.cocktail 10/.11/91- ". 1116- L.~u.~ree-postaze-I~nhaven Meeting 10/21/,91- "1117- M.D.~Hhtte. reim~]r~e~ent-P~ntsf, cocktails 10 ?/_91- "LLI~ V.9.CI~ur~-~-r~wmhion Co~mittee-Criole Dr. 10 ~/91- ': .LI].~- ~avaller CoLf - cocktail 10 30/91- ' Lt20- Cavalier- ,~'ddJ.,, " 11 5/,91-- ': Ll21- Va. Fo,,'er 11 5/~1- ". 1/22- Tr~as,V.B.- RE t~es 11 19/91- ". 1/23- CCO - L,~as part7-Mameudi~-~ & Dupr~e 11 24/91- '3 112~- TRT rr;~n::,~,:~r~atic~- ~s X.m~:,'~ Li~ht~n~ ]2/ 4/91- "Ll2.5-- 12./12/91- "!127- Sam L~venport - Santa Claus 12/12/91- "~ fcllarO_s - c.hicken-k~as hi~htin~ 12/12/91- ': 1].29- CooPJ. es b., Pa t ~ ~e 12/14/91- "Lk30- l~yrme ,.'~oud]m-X~as lights, chinks,etc. ' 1131- VOrS~j) - 12/30/91- "llD2 - Cavalier Bistr~b,~tors- ;.[ailing -Jan.Meeting ].2/30/91- "].~33- cCO- ~e~ 1/ 3/92- "':1].31~ va.Po-~er 1/ 6/q2- "1135- [~e Dupr~e- Bustage 1/6/92 - "1136-- L.e Dupr. e- Posta~e-~ee%ing notes 1/ 6/92- 1137- 'i.B.Fri~t',,~g ~ostcarcL~ & mailing 1/ 6/92- ."113,3- TRT- 5~3 fei' X,:mas L~aht!n~ -addl. 1/ 6/9~- "llDg- N~tions _~Lmnk- Deposit Box 530.oO $30.27 78.~8 no.56 5o.0o 6o.oo 565.0o 31.~3 87.20 80.00 100. ~ 50.00 ~3.06 ~6.87 228.91 72.50 25.00 37.05 ~7.50 i~.89 /,5.82 100.00 22,0.9 ~'2.158,2~ Balance checking aecount Litigations Fund- CD-12-201~}~tured 12/13/91- rolled over ~$ 4.85 - total certificate value $3,237.. This fund set up for legal fees only ac-roximately 1965-66 by mem- bers contributing $25.00 each over regular dues. CC: President CC: Secretary M. D. WHITE. Trsasura~ ATTACHMENT 1 The real property owned by our Civic League consists entirely of two very small parcels located at our community entrance way with neighborhood location/identification signs and various plantings. It is common property which exists for, and is open to~ the entire community and general public. Our Civic League maintains this property at the Community expense with membership funds, voluntarily given by our residents. We feel that exemption~ from real estate taxes on this property is warranted because Vthe common nature of this property~and we should be given at least equal treatment as that currently received by similar residential civic associations a~ "under Section 58.1 - 3284.1 of the state code" who enjoy the advantage of automatic membership. 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY CLUB BRITTANY, INC. AS BEING EXEMPT FROM STATE AND LOCAL TAXATION WHEREAS, property located in the City of Virginia Beach and owned by Club Brittany, Inc. is currently subject to ad valorem taxation; WHEREAS, Club Brittany, 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 Club Brittany, Inc. as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.4 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 § 30-19.4(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 Club Brittany, Inc. should be designated as a benevolent corporation 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 Club Brittany, Inc. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local 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 Club Brittany, Inc. as a benevolent corporation within the context of § 35 36 37 38 39 40 41 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Club Brittany, Inc. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December 1992 42 43 44 45 CA-4934 ORDIN \NONCODE \ CLUBB . RES R-2 PREPARED: 12/09/92 B BRITTANY, INC. ",~ov¢,ml~cr ,1, I!)97 l)("ar ,g ~ r: ~ '; I o t)1 ov I¢]t' A VERY IMPORT\NT ('ONSII)ERATION IS TIlE FACT TIIAT WE DO NOT HAVE a, BSOLI'TE OW'x'ERSIIIP OF TIlE I,AND IN WIIICI! TIlE POOI, AND F\Cll ITIES c)¢'C'I;I'Y. TttI,', DEED CONTAINS PROVISIONS IN WlIICII OWNERSHIP OI TIlE I,.~,NI) REVERTS BACK 'FO TIlE ORIGINAl, OWNER 'rite EVENT RECRI;ATION WOIJI, D NO LONGER BE PROVII'}EI). TIIE l'x APPLICATION TO CITY OFVIRGINIA BEACH FOR ~TION FROM PERSONAL AND REAL PROPERTY TAXATION Applicants: Please fill out th~s form and submit same to the City Manager, Municipal Center, Virginia Beach, Virginia 23456. In any znstance where additional space is ~eeded to complete your answer to a partmcular question, please utmlmze a separate sheet of paper and attach zg to this app licatmon. Formal Name of Corporation/Organization: Address: Telephone Number: · Is the Organization chartered or incorporated under the laws of the Commonwealth of Virginia? ¥~_5 - ~-_ ~ ~, ~q 69 · · For what purpose is the group chartered? To wescri=e in ~etail ana specizy the ~ocation of ill real and' personal property for which exemption is sought. · List the present tax assessment of each parcel of real property for which this exemption is sought: Parcel Description Assessed Value: Land: Improvements: Total Assessed Value: $, qc,35B Parcel Description: Assessed Value: Land: ' Improvements: Total Assessed Value: ~ List the present tax assessment, by tax bill, of personal property for which the exemption is sought. · For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and floor locations. ~1~% ~'-, ~% COH~U~:,-,~ Coed,, u39_ th%~ C-%~ ~'b~ ~0 Se Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If yes, give details. be Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. e With regard to personal property, state the purpose for which the property is being used and whether income is derived from -the use of any such property by individuals, groups or otherwise. If so, give all details. -t '8. Is the organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 19547 If so, attach documentation. , 9. Has the ABC Board issued a current annual 'alcohol beverage license for the service of alcohol beverages for use on the property from which tax exemption is here sought? Is any director or officer of the agency paid compensation in excess of a reasonable allowance 'for salaries or other compensation? 11. Does any part of the earnings, exclusive of salaries, of such organization inure to the benefit of any individual? If so, list what portion and to whom for each of the past three years. 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. 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of determing cost of the services to the recipient, and any other details you deem pertinent. ¥~% ~.~. (,~2r~f,_ f.~,¢~-q~\<,~o~t_ ~Q~¢xoo~,~g,~ 14. What part, if any, of the activities of the organization involves carrying on propaganda, or otherwise attempts to influence legislation? 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. 16. State the organization's rule, regulation, policy, or practice concerning discrimination on the basis of religious conviction, race, color, sex or natural origin. 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. q05 18. In addition to the above, please provide the following information: ~'6_6 ~T~c~m~7 s . (a) A copy of the organization's most recent audited financial statement (i.e., current balance sheet and income and expense statement for the. organization's last fiscal period). (b) A detailed listing of the current salaries and/or other compensation of the officers and directors of the crganizat!on. In addition, please ~pecify as to each officer or director so l!sted, the basis of the listed salary or compensation (i.e., annually, per meeting, hourly, commission, etc.). (c) List the salary ranges of each employee position classification and list the number of full-time and part-time employees in each such classification. (d) Specify what percentage of gross income of the organization was required to pay real and personal property taxes for each of the last three years. (e) Explain in detail why the City Council of the City of Virginia Beach should recommend to the General Assembly of Virginia that this organization should be exempt from real and personal taxation in the City of Virginia Beach. Please include in your explanation, the services provided by the organization. %~e c~ue~ c~_T~. This form was prepared by whose title with the organization is ( Signature ) ORGANIZATION Date STATE OF VIRGINIA CITY OF VIRGINIA BEACH· to-wit: and says that he.he is the ~~xQ~ the Ctu~ ~cC,~0 ~ ~ ~C- 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. being duly sworn, deposes (title) of (legal name of (Signature of Officer) Subscribed and sworn to before me this ~ w~ day of A;ouen~eC Notary Public My Commission Expires ~$=&~- ~/. /g~ ! tnternal Revenue Service strict Director Department 6f the Tr~easury Date: FEB 0 7 1980 Club Brittan~t Inc. P.O. Box 3023 Virginia Beach, VA 23~53 Employer Idenbflcation Number: 5/~-085/+05 8 Internal Revenue Code Secbon 501(c)( 7 ) Accounting Period Ending: September 90 Form 990 Reqmred: [] Yes [-'] No Person to Contact: F. Buchanan Contact. Tele. phone Number: (301) 962--/+773 Dear Applicant' Based on ~nformatzon supplzed, and assuming your operations will be as stated ~n your applzcatzon for recognition of exemption, we have determzned you are exempt from Federal zncome tax under the prov~szons of the Internal Revenue Code sectzon · nd~cated above Unless speczfzcally excepted, you are liable for taxes under the Federal , :urance Contrzbutzons Act (soczal securzty taxes) for each employee to whom a pay $100 or more durzng a calendar year And, unless excepted, you are also liable for tax under the Federal Unemployment Tax Act for each employee to whom you pay $50 or more durzng a calendar quarter ~f, durzng the current or precedzng calendar year, you had one or more employees at any tzme zn each of 20 calendar weeks or you pazd wages of $1,500 or more zn any calendar quarter. If you have any questzons about exczse, employment or other Federal taxes, please address them to th~s offzce If your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status. Also, you should ~nform us of all changes ~n your name or address. The block checked at the top of this letter shows whether you must f~le Form 990, Return of 0rganzzatzon Exempt from Income Tax If the Yes box is checked, you are only requzred to fzle Form 990 if your gross recezpts each year are normally more than $10,000 If a return zs requzred, zt must be filed by the 15th day of the f~fth month after the end of your annual accountzng perzod The law provzdes for a penalty of $10 a day, up to a maxzmum of $5,000, when a return ~s fzled late, unless there zs reasonable cause for the delay Thzs penalty may also be charged · f a return zs not complete So, please make sure your return ~s complete before you fzle ~t You are not required to fzle Federal ~ncome tax returns unless you are subject ' the tax on unrelated bus~ness income under sectzon 511 of the Internal Revenue (over) 31 Hopkins Plaza, Baltimore, MD 21201 Letter 948(DO) (3-79) Code. If you are subject to this tax, you must file an inoome tax return on Form 990-T. In this letter we are not determininE whether any of your present or propos activities are unrelated trade or bus~ness as defined ~n Code section 515. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your applicatiop~ a number will be assigned to you and you will be advised of it. Please use that number on all returns you f~le and ~n all correspondence w~th the Internal Revenue Service. Because this letter could help resolve any questions about your exempt status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown ~n the heading of this letter. Sincerely yours, Teddy R, Kern District Director Letter 948(D0) (3-79) B BRITTANY, INC. I IUM IP (1~ IT I.M llq (d) I I'1 ¢' ¢)IIIt' /qt ~ I ta~iy [)azd OWl I~l_; ) o,lY~.;: 1 9!)() 2 · 1 ! I! I" (:d J all(1 19.91 -- 2. 17% 1992 - 2.26% ' ,(_,, ,'( ,(2. '0 ,," I !) I'.l ..... I"r', , I 'l I I ()0.0 J,:,l, .,I I)l,,~l ~1 Ill(I J I~,'ll ,; TIMOTHY A. SAUNDEI~, CPA STEPHANIE $ SAUNDEIIS, CPA CEn,IFI~O PUStlC ^ccou~r^~rs 4992 Ravenswood Road, VirBinia Beach, Vir$inia 23462 Telephone: (804) 497-3665 MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS VIRGINIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS To tile Officers Club Brittany, Virginia Beach, Inc. Virginia We lia Sep exp end COIl sup est Acc the acc have bilities tember 30, enses, and ed, and tained in plementary ablished ountants. compiled the accompanying statement and equity-cash basis of Club Brittany, 1991, and the related statements of fund balances - cash basis for the the accompanying .supplementary Schedule I, which are presented analysis purposes, in accordance with by tile The fina cash basis of acc ounting other than g of assets. Inc as of revenues, year then information only for standards American Institute of Certified Public ncial statements have been prepared on ounting which is a comprehensive basis of enerally accepted accounting principles. A compilation is limited to presenting in the form of financial statements and supplementary schedule information that is the representation of management. We have not audited or reviewed the accompanying financial statements and supplementary schedule and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all financial statement disclosures. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Company's financial condition. Accordingly, these financial statements are not designed for those who are not informed about such matters. December 4, 1991 CLUB BRITTANY. INC. BALANCE SIIEET SEPTEMBER 30, 1991 ASSETS CURRENT ASSETS Cash-Operating Cash- Money Market Prepaid Expenses TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT Pool Buildings & Improvements Furniture & Equipment Land Accumulated depreciation LIABILITIES & MEMBER'S EQUITY CURRENT LIABILITIES Current portion of Employment Taxes Payable long term debt TOTAL CURRENT LIABILITIES LONG TERM DEBT, net of current portion MEMBERSIIIP EQUITY Membership Certificates Current Year Profit {Loss) 10,177 lO,SG1 21,073 57,957 28,821 9.223 5,000 101 .001 (67.138) 33,863 54,936 2,484 511 2,995 5.280 45,299 1,362 46,661 54,93G OCTOBER 1. CLUB BRITTANY, INC. INCOME STATEMENT 1990, TO SEPTEblBE",~ 30. 1991 REVENUE Membership Dues-Less Refunds Member Fees-Less Refunds Associate Dues Swim Team Receipts Vending & Counter Interest Party Receipts Pool Passes Pool Rentals Swim Lessons Miscellaneous Sales Total Receipts EXPENSES Office Expenses Accounting & Legal Fees Swim Team Expenses Telephone & Utilities Pool Supplies Party Expenses Insurance Maintenance Mortgage Interest Salaries Payroll Taxes & Licenses Depreciation & Amortization Miscellaneous Vending Machine Advertising Total Expenses NET INCOME (LOSS) $ 24,677 1.11G 7,03G 1,291 1.065 87O 1.905 832 370 6.337 129 $ 45,628 920 GG1 2.500 3,692 3.224 1,810 1,563 1,405 1.788 19,256 2.849-- 3,654 58 82G GO 44,266 $ 1 , 362 TIMOTHY A. SAUNDERS, CPA STEPHANIE S. SAUNDERS, CPA CERtifieD ~UBtlC ^CCOU~r^~rS 4992 Ravenswood Road, ¥irginia Beach, Virginia 23462 Telephone: (804) 497-3665 MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS VIRGINIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS Club Brxttany. Inc Virginia Beach Virginia We ha liabil 1990 fund accordan of Certi been pr comprehe accountl ve compi led tile accompanying statement of assets altd it~es-cash basis of Club Brittany Inc as of September $0 and the related statements of revenues expenses and balances - cash bas~s for the year then ended ~n ce ~ith standards established by the American Institute lied Publxc Accountants. The financial statements have epared on the cash basis of accounting which is a ns~ve basis of accounting other than generally accepted ng principles A compilatxon is l~mited to presenting in the form of financial statements informatxon that xs the representatxon of management We have not audited or reviewed the accompanying fxnancial statements and accordxngly, do not express an opinion or any other form of assurance on them Management has elected to omit substantially ail financial statement disclosures If the omitted disclosures were included in the fxnancial statements, they might influence the user's conclusions about the Company's financial condition Accordingly these fxnancial statements are not designed for those who are not informed about such matters. January 7. 1991 CLUB BRITTANY INC. BALANCE SIIEET SEPTEMBER 30 1990 ASSETS Current Assets. Crestar-Operatzng A/C Cash-Life Savings Bank. Prepaid Expenses Total Current Assets Money Market A/C Fzxed Assets Pool Buildings & Improvements Furniture & Equipment Land Total Fixed Assets TOTAL ASSETS Less Depreciation $ 63 496 LIABILITIES & MEMBER'S E~UITY Accounts Payable Employment Taxes Payable Total Accounts Payable Long Term Debt: Seaboard Savings & Total Long Term Membership Equity. Loan Debt Membership Certificates Current Year Profit (Loss) Total Membership Equity TOTAL LIABILITIES & MEMBER'S (Mortgage) EQUITY 8.125 10.299 47 57.957 28 821 9 223 5.000 682 9.995 46.687 (1 388) 18.471 37 505 55 976 682 9.995 45.299 55.976 OCTOBER 1 CLUB BRITTANY INC. INCOME STATEMENT 1989 TO SEPTEMBER 3O 1990 REVENUE Membership Dues-Less Refunds Member Fees-Less Refunds Associate Dues Swlm Team Receipts Vending & Counter Sales Interest Party Receipts Pool Passes Pool Rentals Swim Lessons Miscellaneous Total Receipts EXPENSES Office Expenses Accounting & Legal Fees Swim Team Expenses Telephone & Utilities Pool Supplies Party Expenses Insurance Maintenance Mortgage Interest Salaries Payroll Taxes Depreciation & Amortization Miscellaneous Vending Machine Advertising Total Expenses NET INCOME {LOSS) 23.650 2 835 6 825 2 568 1.201 1.242 1 403 812 274 5.260 317 1 042 440 2 294 3 537 4 642 1 931 2.452 2 141 2.005 20 1G6 1.989 3 654 575 752 155 4G 387 47.775 (1.388} CLUB BRITTANY, INC. BOARD OF DIRECTORS 1992-1993 ROSTER POSITION PRESIDENT VICE PRESIDENT SECRETARY TREASURER GROUNDS MAINTENANCE MEMBERSHIP OPERATIONS SOCIAL NAME Art Lane Rich Hildreth Peg Jones Bob Bielat Lee Edmonston Chuck Schatti Sally Bielat Bill Sullivan Susan Ditzler ADDRESS 1229 Whispering Water 2104 Clarige Court 905 Lovell Drive 2504 Pillow Court 808 Five Point Road 813 Lord Leighton Ct. 2504 Pillow Court 941 General Stuart Dr 1020 Little Lake Dr. PHONE 481-3122 481-9027 481-2784 496-3664 481-6804 481-2506 496-3664 481-3170 496-9202 WELCOME TO CLUB BRITTANY OUR PURPOSE IS TO PROVIDE RECREATION AND ENJOYMENT FOR OUR MEMBERS. WE OFFER: A JUNIOR OLYMPIC SIZE SWIMMING POOL SHALLOW AREA FOR TODDLER SWIMMING ItlGIt AND LOW DIVING BOARDS HIGHLY QUALIFIED AND DEDICATED LIFE GUARDS GUEST PRIVILEGES AT REASONABLE COSTS CRABBING, FISHING, AND BOATING ON THE LYNNHAVEN RIVER HIGH WATER MARINA AND BOAT R~MP PICTURESQUE SETTING FRESHWATER ACTIVITIES ON THE ADJACENT LAKE WOLFSNARE FISHING AND SMALL BOATING CLUB BRITTANY BLUE TIDE SWIM TEAM VIRGINIA BEACII SWIM LEAGUE AGES FIVE TO EIGHTEEN SWIMMING SKILLS AND PHYSICAL DEVELOPMENT SWIMMING AND DIVING LESSONS HIGHLY QUALIFIED AND DEDICATED INSTRUCTORS AVAIl. ABLE FOR ALL AGES AND LEVELS POOL AND GROUNDS RENTALS PRIVATE PARTIES GROUP EVENTS SOCIAL EVENTS SPECIAL KID'S NIGHTS TEEN SOCIALS ADULT PARTIES AND EVENTS FAMILY DAYS, PIG PICKINGS, AND CELEBRATIONS AMENITIES A MILLION DOLLAR VIEW A RELAXING ENVIRONMENT PICNIC AREA AND MUCH MORE OUR MEMBERSHIP FEES ARE VERY REASONABLE, AND WE WILL EVEN ARRANGE FOR CONVENIENT PAYMENTS TO SUIT YOUR BUDGET. PLEASE CALL 481-2506 FOR ADDITIONAL INFORMATION. THANK YOU FOR YOUR INTEREST. WE LOOK FORWARD TO SHARING OUR CLUB WITH YOU. 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY HOLLAND MEADOWS SWIM & RACQUET CLUB, LTD. AS BEING EXEMPT FROM STATE AND LOCAL TAXATION WHEREAS, property located in the City of Virginia Beach and owned by Holland Meadows Swim & Racquet Club, Ltd. is currently subject to ad valorem taxation; WHEREAS, Holland Meadows Swim & Racquet Club, Ltd. 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 Holland Meadows Swim & Racquet Club, Ltd. as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.4 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 § 30-19.4(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 Holland Meadows Swim & Racquet Club, Ltd. should be designated as a benevolent corporation 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 Holland Meadows Swim & Racquet Club, Ltd. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local 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 Holland 36 37 38 39 40 41 42 43 44 Meadows Swim & Racquet Club, Ltd. as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Holland Meadows Swim & Racquet Club, Ltd. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December , 1992. 45 46 47 48 CA-4931 ORDIN \NONCODE \HOLMEAD. RES R-2 PREPARED: 12/09/92 APPLICATION TO CITY OF VIRGINIA BEACH FOR ~TION FROM PERSONAL AND REAL PROPERTY TAXATION Applicants: Please fill out this form and submit same to the City Manager, Municipal Center, Virginia Beach, Virginia 23~56. In any instance where additional space is ~eeded to complete your answer to a partzcular question, please utilize a separate sheet cf paper and attach it to this application. Formal Name of Corporation/Organization: Holland Meadows Swim & Racquet Club Ltd. Mai 1 i ng Address: 4048 Thomas Jefferson Drive Virginia Beach, Va. 23452 Telephone Number: 804 340-1869 · ! Is the Organization chartered or incorporated under the laws of the Commonwealth of Virginia? Yes O177694-7 · For what purpose is the group chartered? To maintain and operate a swimming pool, tennis court and common play ground for the benefit of the surrounding area. · Describe in detail and specify the location of all real and personal property for which exemption is sought. Tennis court, play area and swimming pool and pool house, recorded as Plat 0126 0039 Section 3 Bk. (] Rec. Area consisting of 1.220 acres Pin 1486 15 2717, Holland Meadows, Virginia Beach, Va. 23452 · List the present tax assessment of each parcel of real property for which this exemption is sought: Plat 0126 0039 Parcel Sec. 3 Bk 0 Rec. Parcel Description: Area ].220 Acres Description: Pin ]486 15 2717 Assessed Value: Assessed Value: Land: $ 24,400. Land Improvements: $ 34,1 80. Improvements: $ Total Assessed Value: $ 59~580. .. Total Assessed Value: ~ List the present tax assessment, by tax bill, of personal property for which the exemption is sought. There is no 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 buildings and floor locations. Tennis court for playing tennis. Swimming pool (fenced in) and pool house used for swimming during summer months. Play area used year round by neighborhood and surrounding area children for playing. Se Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If yes, give details. N0 Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. N0 7. With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwise. If so, give all details. There is no personal property. '8. Is the organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 19547 If so, attach documentation. Yes. See attached. · 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? N0 Is any director or officer of the agency paid compensation in excess of a reasonable allowance 'for salaries or other compensation? No compensation is paid any officer or member of the Board of Directors. 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. N0. 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. The entire facility is operated from membership fees paid annually by residents of the Holland Meadows sub-division, with some participation from the surrounding areas. Therefore the service is provided by 100% membership contri buti ons. 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of determing cost of the services to the recipient, and any other details you deem pertinent. ~yone can join the Club, for an annual fee of $150.00 per family. We do have two families from outside the Holland Meadows complex who are members. They pay the same annual fee as on- site members. . 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. N0 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 membership is denied due to religious conviction, race, color, sex or natural origin. 17. List the name, business address and busi~ness telephone of the president and secretary of the corperation/organization as well as the managing officer. Lt. Cdr. Randy Cash, Chaplain - President ~ l.deployed at this time) ~ /nomas Jefferson~ Va,. B. Ba. 23452 , · Jean Becker, Retlrea - Secretary 604 Thomas Nelson Dr. Virginia Beach, Va. 23452 486-0100 Lt. David Seaton - Manager USN - Oceana 433-4547 Home: ~!3B~c,i~a.Le~3~2 Phone: 498-3523 *Home Phone' 463-8128 18. In addition to the above, please provide the following information: (a) A copy of the organization's most recent audited financial statement (i.e., current balance sheet and income and expense statement for the. organization's last fiscal period). (b) A detailed listing of the current salaries and/or other compensation of the officers and directors of the crganization. In addition, please ~pecify as to each officer or director so listed, the basis of the listed salary or compensation (i.e., annually, per meeting, hourly, con~nission, etc.). (c) List the salary ranges of each employee position classification and list the nu3nber of full-time and part-time employees in each such classification. (d) Specify what percentage of gross income of the organization was required to pay real and personal property taxes for each of the last three years. (e) Explain in detail why the City Council of the City of Virginia Beach should recon~ne~d 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. This form was prepared by V0ncil]e W. Lankf0rd whose title with the organization is Member, Board of Directors . / \ ( Signa~re ) -$ ' ORGANIZATION Holland Meadows Swim & Ra,cquet ~lub, Ltd. By: Name Michael A. Krueger Title Vice-President/Treasurer Date 11-]7-92 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Michael A. Krueaer being duly sworn, deposes and says that he/she is the Vi ce P.r~__~idpnt/Trpa~,~r~r (title) of the Holland. Meadows Swim.& Racauet Club. ltd_ (legal name of ~ , ownership organization) named in. the within entitled application; ,. that he has read the foregoing infqrmation sheet and knows the contents thereof; and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief] and as to those matters he believes it to % be true. (Signature of Offic ) Subscribed and sworn to before me this ]qth day of November , 19 92 Notar~ P~ic My Commission Expires MEMBER NATIONAL AC= c~O ClATI FI N OF ACCOUNTANTc~ NATIONAL srICIETY OF PUBLIC AI~CO U NTANTc~ WILLIAM I~ STEWART & A.c;~OCIATES ACCDUNTANTS & CONSULTANTS 30?3 BF~ICKHOUBE COURT KINGB 131~ANT OFFICE BUILDING VIRE~INIA BEACH, VII~GINIA 2:345:2 TELEPHONE (riO4) 486-0 I 14 HOLLAND MEADOWS SWIM & RACQUET CLUB LTD. STATEMENT OF INCOME ELEVEN MONTHS ENDED NOVEMBER 16, 1992 Income $ 6067.00 Operating expenses: Water & Sewage Lawn Maintenance V~rg~n~a Power Licenses Taxes Pool Supplies Other Supplies Phone Insurance Total expenses Net income 1625.10 611.54 166.61 1~2~..26 /ocC7 95- ~ ~ 735.48 178.32 249.16 1056.00 6049.66 17.34 November 16, 1992 Respectfully submitted, W~ll~am R. Stewart audited HOLLAND MEADOW SWIM & RACQUET CLUB, LTD. BALANCE SHEET NOVEMBER 16, 1992 Cash Common Grounds & Buildings Total Assets ASSETS 257.16 59,580.00 59,837.16 Homeowners Assoc, Equity Retained earnings Total L~abil~t~es LIABILITIES 59,619.82 17.34 59,837.16 audited 11-17-92 Ref. Page 5 Question 18. (a) See attachment. (b) There are no salaries oi~ other compenstion paid to any officer or director of the organization. No fees for meeting participation. (c) We have no employees part-time or full-time. (d) Approximately 10% of our annual membership fees ha~been spent for property taxes for the last three years. (e) Holland Meadows was built approximately 16 years ago in three phases the last of which was completed 14 years ago. The common area, according to the developer, R.G. Moore, was set aside to provide recreation for the area; however, no provision was made to maintain said area. The developer installed a swimming pool with a pool house which contains a machine room for the pool and two bathrooms and one small meeting room, with a shower on the exterior of the building. The pool is fenced in for safety purposes. There is one tennis court with lights and the rest of the area is used by neighborhood and area children as a play- ground. We have to maintain the area and use a lawn service for mowing seven months of the year. We have to maintain insurance (liability) due to the risk of the switching pool. It has been a very difficult 14 years to maintain the area since no provision was made originally for each of the homeowners in the neighbor- hood to share in the expense of maintaining and operating the facility. At this time there is no way that each homeowner can be assessed a fee for the expenses incurred in keeping the area maintained. The tennis court is open for use 12 months of the year. The swimming pool is open June through September each year. The playgound area is available 12 months of the year and daily is used by the neighborhood and area children for playing footabll,soccer, baseball, etc. We feel that since PUD's and Condo's are exempt from property taxes and we as a small neighborhood that is not a PUD and has no Condo rules and regulations should certainly be given some relief. .INTERNAL REVENUE SERVICE DISTRICT DIRECTOR 31 HOPKINS PLAZA BALTIMORE, MD 21201 DEPARTMENT OF THE TREASURY HtJI. I_AN[[ blEAROHS SNIN AND I<ACQU[ f Ct.liE: LID ~.I0 JtlrlY h KRUBRER 4;I,18 IlI(]MA.S JCFF[RSON DRI VIRGINIA E:E~CII, VA 23452 Emplc, y~,r Id~,nbmflcat;¢,n Numbur: 54 1163098 C,,,;tacL Per:,on: KEITH JuYNES [,.,ntact Telt.phone Number: (3ol) 962-7766 internal Revenue Code Section 50l(c) (07) A(cc, unLIng Per~c,d Ending: Cie( ember 3t F~,rm 990 Required: Ye~ Ad~lendum Appl Ye~ D~,ar NI,Pl it ant: Based <,n infc, rma~m,:,n suppli~.d~ and assuming your r, perab;ons ~ill Dc, as sial. ed ~n youl application for r~.c¢,!ln~t~un ,:,f .e>:empb;on, He. have detr. rm~nud y~,u arr. exempt from Federal mace, me Lax under section 5()1(a} of the Internal R,,venu,, Co,I,, as an organ i .'at ; ,.,. cle,_.¢r~b,.qi in th~. ',ect~(,n ~nd~cated al)ove. ti~16, s,, specifically ..xcept~d, you are I~able for t.a):es under th,- Federal Insuranct~ Contributions &t~ (5¢,clal secur~y ~axe5) for each employee bo whom y(,u pay $100 or more dur~.g a calendar year. ~nd~ unless e):cep~ed~ Vou are also I~abl~, f~,r lax tinder ~he rede~,~l Unumpl~,ymenl. Tax ~c~ for each r. mploye~. ~,, J~hc, m you pay $50 nr m,:,~e during ,~ cal~ncla~ qua~'~.r ~f~ during bhe curr~¢nt. c,; pre(edmn9 (alenda; yea~ y(,{i hatJ c, lle ur m(,re employoes ab any c,t 20 calenclar ~eeks or y,,u p~d ~ages ,.,f $1~500 ,',r more in any calendar q~{ar~or. It you have any {lUe~i.~,nt, at)out, exL~se~ employmenb~ or otht.r Fe(le~'al taxes, plea,-e a~ldress tl,~,.~ to this ~,ffl~,-. If youl ~ource~ c,t :_qpp¢,,,~ ,:,ryc, ul purl)c,s~;s, character, or methr, d of c,l~erat~,:,n {hang~;~ pl,-.ase iut uu knc,~ sc, ~ can consider the effect ,:,f the change c,n y~,ur exempb stal. ub. In the case of an amendment to your o~'ganiza- tic, na) document c,r byla;~s~ pleas~ ~,.nd qs acc, py r,f the amended document or byla;ls. Al'so, y¢,u sh¢,uld inform ur. ¢,f all changes in yot~r name or addr~-s5. In the heading of thlb letter ~- havff Indicat~,d Hhether you must file Form 9')0, Return of Organizat~,,n Exempt From Income Tax. If Yes is indicated, you a~'e required to file Form 970 only if your gross rece~l)~S each year are n,,rmaily more than $25,00a. Hc,,~ever~ IF you receive a Form 990 pack~ge in the ~,~,~1~ please file the return even i~ you dr, not exceed the gross receipts test. It you are not required t(', fi l~¢~ simply a~tac, h thr. label prc, vided~ check the b,,): ~n the heading to ~ndicat:, thaL your annual gross receipts are normally $;'5,000 or less~ and sign the reLurn. If a ruturn is requimed, it must bu fllud by the 15th day of thc. fifth Letter 948(BO/Cf;) · HULLAND MEA[JONS SNIM AND -2- n~,,nth after the ,--.nd of your an~,zal accounting period. A penalty ,)f $10 a day ~s charged i~hen a return ~s f~led I~te, unless there ~s reasonable cause f,:,r the delay. Ho~;ever, the ~Jax~n~unl pel~alty charged cannot exceed $5,000 ,:,r 5 per- cent of your gross receipts for the year, ~h~chever IS less. This penalty also be charged ~f a return ~s not co~lplete~ so please be sure yo~r ~eturn is cumpletm before you f~le ~t. Y,',u are not required to ¢;le Federal! (nc,:,n~e tax returns unless you are s,bject to the tax on unrelated bus,ness ~nconle under section 511 of the Cod(-. Ti you are subject to thl~ tax, you n~ust f~le an ~ncon~e tax return on 790-T, Exenlpt OFgan~zat~oJl Business Inconle Fax Return. In this lett,?r ~(e n,~t determ~i~ng i~hether any ,)~ your present ,Jr proposed act~vmt~es are unfe- lt, ted trade or business a~ defined In section 513 of the Code. You ne~d an employer identlf(cat~on nunlber even (f you have no Ii an en)ployer identlf)cat(on :luniber I~as not entered on y,:,u~ appl~ca( i,~n, a nunlber iii II be assigned to y,,u and yc, u ~)11 be advised of ;t. Ple.~se that number on all returnq yoq f~ l e and ~n all correspondence s41th the Internal R~.ven ue Servl A section 501(c)(7) urgaq.,:at(,~n ~s perm~ted to receive up t,:, 35 per-c,,ht et ~ts gr,)s~ receipts, includ~g ~nvest~h)nt ~nc,)n~.~ fron~ sources out~:de ,,t ~t- n~ombersh~p sJ~th,)ut Io.s~ng ~ts ~ax-e×e~lJpt status. Of the @5 percent, nut than 15 percent of the gr,~ss receipts nlay be derived from the use of the c luh f,,cllit~es or services by the general public. Incense ~n excess of these I Ini~ts n~ay jeopard~:e your continued tax-exmnlpt status. If 14e have indicated ~n the heading of this letter- that an addendun~ applies, the enclosed addendum ~s a~ ~ntegral part of th~s letter. Because th~s letter could hel~ resolve any questions about your exen~pt status, you should keep ~t ~n your pern~anent records. If you have any quest ions~ please contact the person ~ahose nan~e and telephone nun~ber are shoran in hhe heading of this letter. Sincerely yours, O~stricIF D~ rector Enc Ios~re: Addendun~ Lutter 948([I0/CG) HOLLAND ME,DONS S~I~ -3- You are reqtt~red to make available for pttbl~c ~nspect~,-,n a c,-,py of y,,ur exemption appllcat~on, and supporting d,',cuments, and th;s exemption letter. If y,.~ are required to f~le an an~al ~nfor~ation return, you are also requ~ed to make a copy of the return available for public ~n~pect~on for three years after the return is duo. Failure t,~ sake these documents available for p~bl~c inspection may ~ubdect you to a penalty of $10 per day for each day there is a failure to comply (up maximum of $~,000 in the ca~e of an annual return). See Internal Revenue Service Notmce 08-120, 1988-2 C.B. 454 for add~t~,:,nal ~ nformat ~on. Cnntrmbutlons to your org.~nlz4tmon are not deductible by donors under sectl,-,r~ IZO(c)(2) of the Code. Ullder sect(,)n 6113, any f~nd-rals~ng sollcitatl,:,n (mncludlng a solicitation for r,~embersh~p dues pavnlent) you make must includ~--_ an express staten~ent (in a consp~cu,s, us and easm ly recognizable format) that contributions and gifts are not deductible as charitable contrlbut~oi~s for federal Income tax purposes. Th~s does not apply, ho;~ever, if your annual gross receipts are normally $100,000 or less, or if your sol~c~tatmons are ni.~d,.~ t,~ no more than ten persons d~,-~ng the calendar year. The lai~ provides punalt~es fur failure to c,:,mply i(lth this requ~rei~ent, unless the fa~l~re is due to reas,Jnablo cause. See lnter;lal Revenue Service N,)t(ce 8P,-1£0, 1980-2 C.8. 4~1, fur additional inf,s, rmatl,~n. Letter ~48(BO/CG) A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY LARKSPUR CIVIC LEAGUE, LTD. AS BEING EXEMPT FROM STATE AND LOCAL 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 Larkspur Civic League, Ltd. is currently subject to ad valorem taxation; WHEREAS, Larkspur Civic League, Ltd. 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 Larkspur Civic League, Ltd. as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.4 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 § 30-19.4(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 Larkspur Civic League, Ltd. should be designated as a benevolent corporation 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 Larkspur Civic League, Ltd. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local 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 Larkspur Civic League, Ltd. as a benevolent corporation within the context 35 36 37 38 39 40 41 of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Larkspur Civic League, Ltd. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December 1992 42 43 44 45 CA-4940 ORD IN \ NONCOD E \ LARKS PU. RES R-2 PREPARED: 12 / 09 / 92 APPLICATION TO CI~Yf OF VIRGINIA BEACH FOR ~T£ON FROM PERSONAL AND ILEAL PROPER'I~E TAXATION ' Applicants: Please fzll out thzs form and submit same to the City Manager, Municipal Center, Virginia Beach, Virginia 23a56. In any instance where additzonal space is needed to complete your answer to a particular qu~tzon, please utzllze a separate sheet of paper and attach it to tfl~s app 1 icatzon. Formal Name of Corporation/Organization: Larks'pur Civic League, Address: /~IR El]wi n lit_} we (mailing addross) P.O. Box 62177 - 2%462 Telephone Number: i · ! Is the Organization chartered or incorporated under the laws of the Co)~nonwealth of Virginia? · · Yes " For what purpose is the group chartered? Swim and racquet club Describe in detail and specify the location of all real and personal property for which exemption is sought. 2.296 act-es Burough 30 Larkspur Subdivision 708 Edwin Drive, Virginia Beach, Va. Clubhouse Lot Larkspur Swim & Racquet Club and 2.296 acres wzth 2 tennis courts and swimming pool $ List the present tax assessment of each parcel of real property for which this exemption is sought: Parcel Parcel Description: plm~ ()flqq~fl~l _ Description: Assessed Value: Land: Improvements: Total Assessed Value: Assessed Value: $ 34~350 Land: $ $ 118.308 Improvements: $ Total Assessed $ .]52,658 Value: $ 5: List the present tax assessment, by tax bill, of personal property for which the exemption is sought. ---- No taxable [,c, rs¢)~al [llo[,(3~ ty · For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and floor locations. Clubhouse facility for Larkspur Swim & Racquet Club a~ No Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If yes, give details. b~ No Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. 7. With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwise. If so, give all details. No taxable personal property '7. 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanatio[1 a lzsting of the services provided, tile cost of the services to the recipient or method of determing cost of the serv_%ces to the recipient, and any other details you deem pertinent. 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. Ne]_ther th~ Larks;3ur Civic ],eague nor Larkspur Swim & Racquet Club discriminates for any reason at any time against any individual. 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. Larkspur Civic League - President - Roy Brun 499-4342 4500 Par Dr., Va. Beach Secretary - O~_lie Bates 467-4624 6~3 Meadows Dr., Va. Beach LAr~~ Swim & Racquet Club - President - Don Sharpe ~ ~ 497-8813 ~/ ~ 4 2 Eato~_Sh~.~~~,. ~. ~n. Br~dw~Y __~___~-/- Norfolk,~a~-~ i.~- . .-~ addi-_icn ts ~'-= a~cve, ~ - ~, ~ ' ' o a "o. : See attachmep, n 3 Suecifv what -~~a~ of cress inccme of ~= ~-~a--zatien was ~=~"-=~_ to pa-£ -~' :'= ?~-scna! r-~r~-~l O .... asz t~ =~ 'years. (e) Explain in detail why uhe City Council of the City o= v~ ~.~-- ~ Beach sc. culd recc.~.~end -~ -~ = --- = ....... = AS s e~'2 l'- of Vircinia cha_ ,2.as ~-~--~ .... ~- s%~' ~ = - ~m __" and perscnal ~-~=e~ ~" the C~ty -= ';';- ---- Seach. Please ~ ..... = ~ ~ you explanauisn, .... This_~orm was .ure"a-=~__ ___ ky p~=_ ~r~ ~ . whose title with the c-~a_n:~a~:~n is President Larkspur C±vi¢ Leag~ e, Ltd. Larks.ur Civic League, Ltd. Roy Brun President 12/8/92 Roy Brun President t~~_ Larkspur Civic League, Ltd. cch-o---- thereof; a.~d ----- +~ s~..e is tr,de -~ h:.a c',,,? kn~w.'? excep~_ as to th'- m~--=-= he-sin stat5d to be al:.og=,= uT~.n LARKSPUR CIVIC LEAGUE, LTD. Question 18' ae b. ce d, Copy attached The Larkspur Civic League, Ltd. pays no salaries to officers or directors of the Civic League nor does it compensate any officers or directors in any manner. Larkspur Civic League, Ltd. has no employees. The land owned by the Larkspur Civic League is leased to the Larkspur Swim & Racquet Club, Ltd. on a net-net lease and all property taxes are paid by the Larkspur Swim and Racquet Club, Ltd. The property is utilized as a recreational facility providing tennis and swimming to members and their families, thus providing a public service to the citizens of Virginia Beach. The facilities are available year round to members, thus freeing space at City owned facd~ties for the residents of Virginia Beach. We provide the same benefits and feel that we are entitled to the same tax treatment accorded to Homeowners Associations. 1 2 7 8 9 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 38 39 40 AMENDED ARTICLES OF INCORPORATION OF LARKSPUR CIVIC LEAGUE, LTD. A Virginia Nonstock Corporation Io The name of the Corporation is Larkspur Civic League, Ltd. II. The Purposes for which the Corporation is organized are: 1. To operate without profit and to coordinate and to bring together all the residents of the Subdivisions of Larkspur, includ- ing the Subdivisions of Larkspur I, Larkspur II, Larkspur Forest I, Larkspur Forest II, and Larkspur Meadows so that a uniform pro- gram of growth, development, and community goodwill may be main- tanned. The Subdivisions of Larkspur shall encompass all the resi- dences in that area commonly known as Larkspur bounded on the south- west by Princess Anne Road, on the northwest by the Kempsville Greens GDlf Course, extending northward to include all the homes in Ros~l%~, Court, extending eastward to include all the residences on McGregor Dr~ve, extending southeast to include all the homes on Leatherwood Court, Moosewood Dr~ve, Ironwood Dr~ve, extending southward to Green Meadows Dr~ve, then southeast to Princess Anne Road, excluding the Wood~ide Shopping Center, but including that parcel now commonly known as Krahenbill Farms. 2. To secure the collective administration and advancement of common purposes of the members, including the promotion of c~v~c affairs concerning the city of Virginia Beach as well as the afore- mentioned subdivisions. 3. To promote and maintain goodwill among all segments of the general public, to establish closer cooperation among members, to allow greater economy and overall planning in any promotional activity designed to accomplish the purposes of th~s Corporation. 4. To seek mutual association and sound relations w~th other civic leagues and l~ke organizations. -2- 5. To acquire and maintain buildings and property for a community center, club rooms, reading rooms, and educational and recreational facilities, to acquire other property, and to construct buildings for such purposes; to engage in any and all activities not prohibited by law which shall promote and foster better citizen- ship among its members, and which shall promote and foster educa- tional, recreational, physical, and social activities of its mem- bers; to promote and foster mutual understanding and goodwill among all members, regardless of race, religious affiliation, or ethnic background, to engage in such activities as shall raise the stan- dards of civic morality and community welfare through educational, recreational, and social facilities, and to disseminate such knowl- edge as shall be useful for its members in their work and home life and as shall make them more proficient ~n their activities as citizens and residents of this State. 6. To acquire by any means and dispose of, as may be neces- sary, any type of property, real, personal or mixed, of every kind; to employ such agents, servants, or independent contractors as may be necessary to achieve the corporate purposes; to publish journals, periodicals, brochures and other l~terature as may be desired; to promote and conduct exhibitions, displays, and campaigns as may be consistent w~th corporate purposes. 7. Generally, to do all things and transact all business for purposes not prohibited by law and consistent with the rights and purposes of a Virginia Non-Stock, Non-Profit CorporatIon. III. 1. The Corporation is organized and shall operate exclusively for pleasure, recreational, and other non-profitable purposes within the meaning of §501 (c)(7) of the Internal Revenue Code of 1954, as amended. 2. No part of the net earnings of the Corporation shall inur to the benefit of any private member or individual, except that the Corporation may make payments or distributions in further- ance of the purposes set forth in Article II. No director or offi- cer of the Corporation shall receive any compensation or remunera- tion for his or her services as such director or officer. 3. The Corporation may receive and accept property, whether real, personal, or mixed by way of gift, bequest, or devise from any Individual or entity to be administered only in the accordance with the purposes of the Corporation. 4. The Corporation shall have two classes of membership: a. Voting Membership. Ail persons who are residents of Larkspur I, Larkspur II, Larkspur Forest I, Larkspur Forest II, and Larkspur Meadows, and such other subdivisions as may be -3- developed in the future and designated for membership by an amend- ment to the By-Laws shall be admitted to the voting membership upon payment of the required dues to the Board of Directors or its designee. b. Associate Membership. Associate membership may be awarded to those persons, firms, or corporations who desire to participate as members of the civic league and who are accepted as associate members by a majority vote of the Board of Directors. Such Associate Members shall be non-voting members. 5. The voting members of the Corporation shall have the right to vote in elect~on of members of the Board of Directors, to amend the Articles of Incorporation, to amend the By-Laws, to approve a plan of merger ~nvolving the Corporation, to d~spose of substantially all of the assets of the Corporation, other than in the usual and regular course of business, to dissolve the Corpor- ation. The majorlty of the votes entitled to be cast by members present ~n person at a general meeting of the membership at which a quorum is present shall be sufficient for the adoption of any matter voted on by the members. The quorum shall be fixed by the ByLaws. 6. The Board of Directors shall consist of a minimum of four persons and shall have such additional members as designated in the By-Laws. The Board of Directors shall be elected by the general membership as designated ~n the By-Laws. 7. Officers of the Corporation shall consist of the Pres~- dent, Secretary, and Treasurer, and such other officers as may be designated ~n the By-Laws of the Corporation. 8. The registered office of the Corporation shall be 1700 First Virginia Bank Tower, 101 St. Paul's Boulevard, Norfolk, Vir- ginia 23510. Its registered agent at that address is S. Lawrence Dumville, who is a member of the Virginia State Bar and a resident of the Commonwealth of Virginia. Th~s paragraph may be amended at any time by a ma3orlty vote of members of the Board of Directors. IV. If the Corporation is dissolved, any assets remaining after payment (or provision for payment) of all claims against ~t shall be distributed as the Board of Directors may determine to one or more ent~t~es organized and operated exclusively for charitable literary, or educational purposes, as described in Section 50~ (c) (3) of the Internal Revenue Code of 1954, as amended. 1. To the extent that the Virginia Non-Stock Corporation Act, as it exists on the date hereof or may hereinafter be amended, permits the limitation or elimination of the liability of director~ or officers, a director or officer of the Corporation shall not -4- be liable to the Corporation or its members for monetary damages with respect to any transaction, occurrence, or cross or conduct, whether prior to or subsequent to the date hereof, except for lia- bility resulting from such person having engaged ~n willful miscon- duct or a knowing violation of the criminal law. In addition, no provision of these Articles shall be construed to impose any liability on any director or officer otherwise exempt from l~abil~ty by the provisions of Section 13.1-870.1 (B) of the V~rglnla Non-Stock Corporation Act as ~t exists on the date hereof or ~s hereinafter amended. Any amendment to or appeal of this Article shall not adversely affect any right or protection of a director or officer of the Corporation for or with respect to any acts or omissions of such d~rector or officer occurring prior to such amendment or appeal. 2. To the full extent permitted by and in the manner pre- scribed by the Virginia Non-Stock Corporation Act and any other applicable law, the Corporation shall indemnify a director or offi- cer of the Corporation who is or was a party to any proceeding by reason of the fact that he is or was such a director or officer or is or was serving while a director or officer of the Corporation at the request of the Corporation as a director, officer, or agent. V. 1. The Corporation shall exist for an unlimited duration. 2. Each provision of this Article shall be severable, and an adverse determination as to any such provision should in no way affect the validity of other provisions. George B. DeLano, President ATTESTED: Harriet Goodove, ~ A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY LARKSPUR SWIM & RACQUET CLUB, LTD. AS BEING EXEMPT FROM STATE AND LOCAL 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, Larkspur Swim & Racquet Club, Ltd., currently owns no real or personal property in the City of Virginia Beach; WHEREAS, Larkspur Swim & Racquet Club, Ltd. 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 any real and personal property of Larkspur Swim & Racquet Club, Ltd. as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.4 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 § 30-19.4(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 Larkspur Swim & Racquet Club, Ltd. should be designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that any real and personal property located in the City of Virginia Beach acquired by Larkspur Swim & Racquet Club, Ltd. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local 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 Larkspur Swim & Racquet Club, Ltd. as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia 35 36 37 38 39 40 and that any real and personal property acquired by Larkspur Swim & Racquet Club, Ltd. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December , 1992. 41 42 43 44 CA-4933 ORD IN \ NONCOD E \ LARKSWI. RES R-2 PREPARED: 12/09/92 APPLICATION TO CITY OF VIRGINIA BEACH FOR ~TION FROM PERSONAL AND REAL PROPERTY TAXATION Applicants: Please fill out this form and submit same to the City Manager, Municipal Canter, ¥ir~inia Beach, Virginia ~3~56. In any instance where additional space is meeded to complete your answer to a particular question, please utilize a separate sheet of paper and attach it to this application. Formal Name of Corporation/Organization: z~_u ~_ ~:..: ........ - Address: 7RR Edwin Drlv~ (ma{ltn~ address) P.O. BOX 62177_- Virginia R~m~_h: virginim Telephone Number: i · ! Is the Organization chartered or incorporated under the laws of the Commonwealth of Virginia? · · · Yes For what purpose is the group chartered? Swim and racquet club Describe in detail and specify the location of all real and pe4L~onal property for which exemption is sought· Larkspur S~0n . _ ~ 708 Edwin Drive, ~Va'. 2~ 2 tennis courts an '~ List the present tax assessment of each parcel of real property for which this exemption is sought: Parcel Description: p]~.=..~__.Q0oon0 q 1 Assessed Value: Land: Improvements: Total Assessed Value: $ ~ Parcel Description: Assessed Value: Land: Improvements: Total Assessed Value: 5: List the present tax assessment, by tax bill, of personal property for which the exemption is sought. No taxable personal property e For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and floor locations. Clubhouse facility for Larkspur Swim & Racquet Club Se No Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If yes, give details. Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. No · With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwise. If so, give all details. No taxable personal property '8' Is the organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 19547 If so, attach documentation. Yes. See attached. 9. Has the ABC Board issued a current annual 'alcohol beverage license for the service of alcohol beverages for use on the property from which tax exemption is here sought? No Is any director or officer of the agency paid compensation in excess of a reasonable allowance 'for salaries or other compensation? No 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. None 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of determing cost of the services to the recipient, and any other details you deem pertinent. Yes. See attachment A · 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. Neither the Larkspur Civic League nor Larkspur Swim & Racquet Club discriminates for any reason at any time against any individual. 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. L~ague - President - Roy Brun 49 -_~~ ch Beach Larkspur Swim & Racquet Club - President - Don Sharpe 497-8813 2-Eaton-.St~.~.Ha~p~o~a. 4 Secretary - Don Bradway 857-4967 ' 5301Robinhood Rd. Norfolk, Va. IS. In addition to the above, please provide the following information: See attachment B (a) A copy of the organization ' s most recent audited financial statement (i.e., current balance sheet and income and expense statement for the. organization' s last fiscal period). (b) A detailed listing of the current salaries and/or other compensation of the officers and directors of the crganization. In addition, please ~pecify as to each officer or director so listed, the basis of the listed salary or compensation (i.e., annually, per meeting, hourly, commission, etc.). (c) List the salary ranges of each employee position classification and list the number of full-time and part-time employees in each such classification. (d) Specify what percentage of gross income of the organization was required to pay real and personal property taxes for each of the last three years. (e) Explain in detail why the City Council of the City of Virginia Beach should recommend to the General Assembly of Virginia that this organization should be exempt from real and personal taxation in the City of Virginia Beach. Please include in your explanation, the services provided by the organization. This form was prepared by ~o~L~ ~. ~A~ , -- whose title with the organization is ~~l~-~ . Larkspur Swim and ORGANIZATION ~ ...... ~ ~,,~ -~.+.~ By: Name D~n~ 1 d E. Sharpe Title President Date 1 1 ./~ Q./9 2 ! STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ,, Donald E- Sharpe being duly sworn, deposes and says that he/she is the President (title) of the Larkspur Swim & Racquet Club, Ltd. (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. sworn to before me this~ ~~- Subscribed and day of ~oo~'~,./jj~ My Commission Expires Notary Public Larkspur Swim & Racquet Club, Ltd. 708 Edwin Drive Virginia Beach, Virginia 23462 The Larkspur Swim and Racquet Club, Ltd. leases the property listed in this application from the Larkspur Civic League, Ltd. under a 50 year lease which began in 1974. The Civic League owns the property and the Swim & Racquet Club owns the recreational facilities. The terms of the lease are on a net-net basis, therfore the Swim & Racouet Club pays all taxes on the buildings and land for the entire term of the lease. The land is for the specific use by the Swim & Racquet Club and no other eqtlt~es, including the Civic League utilize the property. Larkspur Swim & Racquet Club, Ltd. Question 8 Copy of confir~mtion of tax exen~t status Larkspur swim & Racquet Club, Ltd. Por,.'.on to Con*act Telephnne ,~,~u m,b~ r' Refer Reply 'o Date Jul. y 20, (?i1~!;. *,?cl. Is £u ~'~ ~bF,,-I .... ~ .... ~-~'~ to y~ .... - letter dated July - 1 t.'~, h.~v¢ serrcl'e,l ot'r f~le~ and can find no record that the ~'.-'%.~ntza? ~on ~. ox,-p, pt from Federal Income ~a×. In the ~-'~;!t thc. org~n'.n~tiop w~sh~s to spply for tax-exe~pt ~tatus, t,e ~.ooccpriote fo~,ns gnd :.nformatiop are attached. our '";;e.,' indicates that the orga'~z?ation ~ed~,-a! Tncoqe Tax under Section basic informatzo'~ about the o~-nniz~- is enclosed, ,r~'i~: ,~ ,-o.~,¥ or_ ,,,,r .... 1,,t~,~ certxfying the status of tl~e orga~)~za' ,o.'~ ~(,[)v or our ],~" t,~, , .... tifying the status of tile organization not mz~,t~.b!n, however, this letter may be used to verify ~' t~;/-ex ......Jt ~t?tt~]. [-- 1, V~tr, ,'l~:i~'"~~, ,~~ ~" ,~"'~'~S',~-. has '~oen noted ill our ,c'. ] es . Our Sincerely yours, District D5 rector Fo~m ..... --,~- (5-7A~ Attacllnent A Quest ion 13 The Larkspur Swim & Racauet Club, Ltd. does provide services for the conTnon good. Membership currently costs $325 per year per family. For the membership fee, all members are entitled to the following services: Use of the pool facility from Memorial Day to Labor Day. The pool is open seven days per week from 11:00am to 8:00pm. Pre-teen and Teen nights each month during the sunTner months with g~es and dinner provided· · participation in the Virginia Beach Swim League for children Lighted Tennis Courts open 365 days a year with tennis instruction available. Group tennis lessons are also available to the general public. The club facility is available for use by members for birthday parties and other social functions. The Club has n~de its' facility available for use by outside organizations such as the Childrens Hospital of the Kings Daughters for yard sales, and the Boy Scouts have used the pool for swinTning instruction and merit badge work. Cost of membership in the LSRC is determined by taking the annual operating budget and dividing equally by the total n~nber of members. Larkspur Swim & Racquet Club, Ltd. AttacNnent B Question 18 a) b) c~ d) e) Attached No salaries are paid to any officers or directors There are no employees of the Larkspur Swim & Racquet Club, LTD. Club hires a management con, any to operate the facility. The 1991- 2.4% 1990- 2 % 1989- 2 The Larkspur Swim & Racquet Club, Ltd. performs a public service to the citizens of Virginia Beach in that it is open to the public for n~ership and provides year long activities to its' n~ers. The tennis courts are open 3G5 days a year with lighted courts and frees space at City owned facilities for the use by other residents. All con~n property is utilized for recreational purposes. We feel that we should be entitled to the same treatment that is accorded to Homeowners Associations. Larkspur Swim & Racquet Club, Ltd. ._ J__10 '4 f'p_ _ ?. ,' r( r~ ~'0~( fi_ -"rJ ~ ,-),~r~ r- "'' '/i, , htr, _',,~.~Q ¢.'n.~q ~. ,t .., ., ,. ~ ~ *".'~ ,- - _ ~__ . . f I - C er? ~C~ [ v ~ 79 WE ' *',' r,~ ~ "r'; ,, , CCC A .... ' ~" r',' .... ' - " :'~ .... r, ' ,, ,~ , . ~w~rl~"~' -~ '* ~',"-%' ~" '~lr~'ld, tJ ~ /~7~ "' '"~' ,' ,~ ,. - ?"1 'qf ~1~ ~nr~,, 'h eO~,D.,~q ~ ' ,, , . , ., I "Y~' "~ ,~,~-~,,. ' ' '"~ ' '~ '~ ~'',~,o ~l' O,;"H,~~,,,,//~aO,,lC?U~hC,~, ......... - ......... , ,, s,., '.,S, 7'? - andd~,,~,'~.r ~ - '-C ....... L' : ......... ~ ['~d'"o-'q'"~'~',~,~' ,r' . '" ' ..... ,r ~hem. r.,c..o,,c ~rS;~, ~ .,, ,, l~ ,~) .~ t~*~'.)~ ~ . . , · , f~'/~ll"~ ~r, (>*, ~ ' - F'O~ InC'L ~(, '~ ~ % i)Om:~I, ~ ', .... ]' t"'Ju'-',')? for r- -,* , ' ' .... pu, ,m.': ~ Par~ lP ' ~", , ~ t., . , ~/ , ~,,~,,' ,,~, '~, - , ,, i.~__- ~ ,- b ~/~,',.,;~Z';¢~,d; '; z - C ~OeS ~ht' c;' ~'~ .p ,u~,.~,, = i "~"~" '' ~hr 'vr~ft.,p Do',~y slofOm~rff , rrv,d,~ for - ' ' r "i' ' ~7 $'~',n~S,C' ' ..... "' ' /' ' ', -- '" r ,-~,~,, ~ f, [~r,,,~ ,r,/-;,p, ,. ~ k',~ ' , r', ~" ~ ,, . '_ _t. _ , , ,% .}/ , ., , :,, , . ~ ..... t/ ......... , .... 3/51 ~ '~_ ~ ...... ~ ,~ '~ , , ' " P f" ,..r,,~- ,-' 'O '%,' lrl%'mUC 9qq ...... .... ,.T:L: ........ , .............. ~ "' .... "' ',,' "' ~'l D,f~,,F~S,m' --d ~Vr ~' '~ ,.~ ..... i~,,,,U ~, ~ ................. J , , , /~DX rc'~tlr'l, ~q ,t ?O~)~U~ ~c~' eV~ ~-)~ ' ",",, -:, ,'Y, 5 '7" 93 ~7 9? , ' r ,r~. % __ __ ,r 1' 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY NORTH ALANTON CIVIC LEAGUE, INC. AS BEING EXEMPT FROM STATE AND LOCAL TAXATION WHEREAS, property located in the City of Virginia Beach and owned by North Alanton Civic League, Inc. is currently subject to ad valorem taxation; WHEREAS, North Alanton Civic League, 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 North Alanton Civic League, Inc. as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.4 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 § 30-19.4(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 North Alanton Civic League, Inc. should be designated as a benevolent corporation 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 North Alanton Civic League, Inc. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local 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 North Alanton Civic League, Inc. as a benevolent corporation within the 35 36 37 38 39 40 41 context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by North Alanton Civic League, Inc. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December 1992 42 43 44 45 CA-4939 ORD IN \ NONCODE \ ALANTON . RES R-2 PREPARED: 12 / 09 / 92 APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION Applicants: Please fill out this form and submit same to the City Manager, Municipal Center, Virginia Beach, Virginia 23a56. In any instance where additional space is needed to complete your answer to a particular questmon, please utllmze a separate sheet of paper and attach ~t to this application. Formal Name of Corporation/Organization: Address: //z t' ,'7/.].,¥, ~ I~,~,~ / Telephone Number: I 1. Is the Organization chartered or incorporated under the laws of the Commonwealth of Virginia? 2. For what purpose is the group chartered? 3. Describe in detail and specify the location of all real and personal property for which exemption is sought. 4. List the present tax assessment of each parcel of real property for which this exemption is sought: Description: '~' g [:i Parcel Assessed Value: ~; ~.~- Assessed Value: Land: $ /~ ¢ ~' ¢ Land: / Improvements: Improvements: $ Z00 ' Total Assessed Value: Total Assessed Value: . List the present tax assessment, by tax bill, of personal property for which the exemption is sought. _- / ",, · For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and floor locations. · Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If yes, give details. be Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. /~,0 7. With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwise. If so, give all details. '8. Is the organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 19547 If so, attach documentation. ,~ ~' ~t~ , ,, .... -,~-I,, I;t'-, -[~ ,,,' /, , ~! ~' -' <, l,,J,. e 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? Is any director or officer of the agency paid compensation in excess of a reasonable allowance 'for salaries or other compensation? 11. Does any part of the earnings, exclusive of salaries, of such organization inure to the benefit of any individual? If so, list what portion and to whom for each of the past three years. 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. 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of determing cost of the services to the recipient, and any other details you w~-' deem pertinent. ?~r[ '~-~, ~,~ ~-F~- '4i~ /~ ~" -'~/~-~ /' ~ 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. 16. State the organization' s rule, regulation, policy, or practice concerning discrimination on the basis of religious conviction, race, color, sex or natural origin. 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. 4 18. In addition to the above, please provide the following information: (a) A copy of the organization's most recent audited financial statement (i.e., current balance sheet and ~:__ income and expense statement for the. organization's last fiscal period). (b) A detailed listing of the current salaries and/or other compensation of the officers and directors of the crganizatlon. In addition, please §pecify as to each officer or director so listed, the basis of the listed salary or compensation (i.e., annually, per meeting, hourly, commission, etc.). (c) List the salary ranges of each employee position classification and list the number of full-time and part-time employees in each such classification. (d) Specify what percentage of gross income of the organization was required to pay real and personal property taxes for each of the last three years. /7/t le) Explain in detail why the City Council of the City of This form was prepared by 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. whose title with the organization is STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~z~//~ ~ . ~cz.~/~~,/~._ . being duly sworn, deposes and says that he/she is the q<.(.~,~j(-- (title) of ownership organization) named in the within entitled application; that he has read the foregoing information sheet and knows the contents thereof; and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief, and as to those matters he believes it to be true. "( Signature~ of Officer Subscribed and sworn to before me this // day Notary Public My Commission Expires 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY PEMBROKE MEADOWS CIVIC LEAGUE, INC. AS BEING EXEMPT FROM STATE AND LOCAL TAXATION WHEREAS, property located in the City of Virginia Beach and owned by Pembroke Meadows Civic League, Inc. is currently subject to ad valorem taxation; WHEREAS, Pembroke Meadows Civic League, 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 Pembroke Meadows Civic League, Inc. as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.4 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 § 30-19.4(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 Pembroke Meadows civic League, Inc. should be designated as a benevolent corporation 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 Pembroke Meadows Civic League, Inc. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local 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 Pembroke 35 36 37 38 39 40 41 42 Meadows civic League, Inc. as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Pembroke Meadows Civic League, Inc. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December 1992 43 44 45 46 CA-4936 ORDIN\NONCODE\MEADOWS. RES R-2 PREPARED: 12/09/92 APPLICATZ_'ON TO CITY OF VIRGIN~_A BEACH FOR E/~-MPTION FRCM PERSONAL AND REAL PROPERTY TAXA_V~ON Applzcant~: Please f:!l ~u: ~th~s form and ~ub=~: same ~er to a p~m~al~ ques~on, pl~e u~iize a sep~a~a ~ee~ app 1 l~tlOn. Formal Name of Corpcraticn/0r_=anizaticn: Address · Telephone Number: ~?-O7~ ~ · ! Is the Organization chartered or incorporated under the laws of the Commonwealth cf Virqir~ia? 2. For what purpose is the group chartered? " 7-o ~t~._.lop .,~ff ~-~or*q~ ~.~?.~',~/ ;~,v~lve,.~,Z- ..... . ~ P~v'~ 3. Describe zn detail and specify the loc2tion of all real and personal proper=y for whick exemption is sought· · List the presen= tax assessment cf each parcel of real property for wh:ch(~t~is exemption is sought: Parcel Description: ~ - / Parcel Description: ~e~,~,.- Assessed Value: Assessed Value: Land: $12~ 900 ,~O Land: improvements: $ impro'z~ments: Total Assessed Value: Total Assessed Value: ~ List the present tax assessment, by tax bill, of personal property for which the exemFtion is sought. · For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and f!cor locations. Se Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If y.es, give details. e be Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any .such property by individuals, groups or otherwise. If so, give all details. '8. · Is the organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 19547 If so, attach docum, entation. · 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? Is any director or officer of the agency paid compensation in excess of a reasonable allowance 'for salaries or other compensation? 11. Does any part of the earnings, exclusive of salaries, of such organization inure to the benefit of any individual? If so, list what portion and to whom for each of the past three years. 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. 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of determing cost of the services to the recipient, and any other details you deem pertinent ......... 14. What part, if any, of the activities of the organization involves carrying on propaganda, or otherwise attempts to influence legislation? 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. 16. State the organization' s rule, re~lation, policy, or practice concerning discrimination on the basis of religious conviction, race, color, sex or natural origin. /90 ; y Alo ; ,_.,-; ,,., , ,...,,,-H , ,u 4wy 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. iS. In addision to the above, please provide the following information: (a) A copy of the organization's most recent audited financial statement (i.e., current balance sheet and income and expense statement for the. organization's last fiscal period). ~ /Ir ,~.~ ~~.~.~ (b) A detailed listing of the current salaries and/or other compensation of the officers and directors of the crganization. In addition, please §pecify 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~ (c) List the salary ranges of each employee position classification and list the number of full-time and part-time employees in each such classification. (d) specify what percentage of gross income of the organization was required to pay real and personal property taxes for each of the last three years. (e) Explain in detail why the city Council of the City of virginia Beach should recommend to the General Assembly of virginia that this organization should be exempt from real and personal taxation in the city of Virginia Beach. Please include in your explanation, the services provided by the organization. This form was prepared by ~e~,~ ~ /~~o,~ , whose title with the organization is ~.~es,,~ . (Signature) By: Name Title Date aL',., L STATE OF VIRGINIA CITY OF VIRGINIA BF..ACH, to-wit: ~ ~"~ I'3. ~'~')~or~ being duly sworn, deposes and says that he/she is the ~'~,~*~ ~ (title) of the F~.,['~/<~ ?k~"-~Ic~ (-~,,c /-¢~)~, '~-,¢--(legal name of ownership organization) named in the within entitled application; that he has read the foregoing information sheet and knows the contents thereof; and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief, and as to those matters he believes it to be true. ( Signature Subscribed and sworn to before me this My Commission Expires day Civic League of Pembroke Meadows, Incorporated (Reply to: P. O. Box 68052, Virginia Beach, VA 23455) October 26, 1992 Internal Revenue Service 31 Hopkins Plaza Baltimore, Maryland 21201 Attn: BAR 9006 Dear Madam: As promised to your office, the Civic League of Pembroke Meadows, Incorporated is applying for exemption from Federal income taxes. The enclosure is forwarded for consideration in accordance with IRS publication "Application for Recognition of Exemption Under Section 501 (a), section 501 (c)". A copy of the reference is enclosed as Appendix E as requested by the IRS. In addition, the appropriate application fee is also enclosed. Steven D. Hawthorne has been designated as the Point of Contact for the Civic League of Pembroke Meadows, Inc. He is the current civic league president and secretary of the Recreation Center. He may be reached at the following demographic information: 4420 Chelsea Street Virginia Beach, VA 23455 (804) 460 -2261 (d) (804) 460-4235 (FAX) (804) 671-1026 (n) We apologize for any confusion and thank you for your cooperation concerning this matter. Sincerely, Steven D. Hawthorne President 8718 UserDeterminationFee for ExemptLetterOrganization (..v O.o ,r ]990) Request Department of the Treasury · Attach this form to determination letter application. Amount pa,d Internal Revenue Sera,ce (Form 8718 is NOT a determination letter application) User fee screener [ Name of orgamzat,on 2 Type of request (check only one box and mclude a check or money order made payable to Internal Revenue Service for the amount of the ~nd~cated fee) Fee Imtlal request for an exempt orgamzahon determ~nabon letter (do NOT use for a pension plan determmnahon letter) by an orgamzabon whose annual gross receipts have not exceeded (or are not expected to exceed) $10,000, averaged over the precedmg four taxable years, or new organizations which anticipate annual gross receipts averaging not more than $10,000 during their first four years If you check th~s box you must complete the income cert~hcahon below ............ $150 Certification I hereby cerhfy that the annual gross receipts of ........................................................ have not (enter name of c,gan,zabon) exceeded (or are not expected to exceed) $10,000, averaged over the preced,ng four (or the first four) years of operabon. Signature I~ ........................................... T,tle ............................................... bm d ['-'] Imtml request for an exempt orgamzahon determ~nabon letter (do NOT use for a pension plan determination letter) by an orgamzahon whose annual gross receipts have exceeded (or are expected to exceed) $10,000, averaged over the precedmg four taxable years, or a new orgamzat~on which anhc~pates annual gross receipts averagmg more than $10,000 during their hrst four years ..... Private foundahon which has completed a section 507 termination and which seeks a determination letter that ~t is now a pubhc charity ................ Group exempbon letters . . $375 $ 200 $ 500 Instructions The Omnibus Budget Reconcd~abon Act of 1990 requires payment of a user fee for determmabon letter requests submitted to the Internal Revenue Serwce The fee must accompany each request submitted to a key d~stnct ofhce The fee for each type of request for an exempt orgamzahon determ~nahon letter ~s hsted~n ~tem 2 ofth~s form Check the block that describes the type of request you are subm~thng, and attach th~s form to the front of your request form along with a check or money order for the amount ~ndmated Make the check or money order payable to the Internal Reyenue Se~ce Determ~nahon letter requests recewed wffh no payment or w~th an Insufhclent payment w{ll be returned to the apphcant for .=uhm~,nn .'~f +k.'. ...... z__ -,- be sure that your apphcabon ~s' sent to the apphcable address shown below These addresses supersede the addresses hsted ~n Pubhcabon 557 and all apphcahon forms Send fee and request If entity Is In for determination this IRS District letter to this address Albany, Augusta Boston, Brooklyn, Buffalo BurhnlFon. Hartford Manhattan Portsmouth, Providence Bait,more. Dlstr~ct of Columbia Pittsburgh, R~chmond Newark, Phdadelphla Wdmm~on any US possession or foreign country Cincinnati. Cleveland, Detro,t Ind~anapohs Internal Revenue Serv,ce [P/ED D,ws~on P O Box ]680 GPO Brooklyn. NY 11202 Albuquerque, Austm, Internal Revenue Serwce Cheyenne. Dallas. EP/£O D~wsmn Denver, Houston. Mad Code 4950 DAL Oklahoma C~ty. Phoemx, 1100 Commerce Street Salt Lake C~ty, W~ch~ta Dallas TX 75242 Atlanta. B,rm,ngham, Internal Revenue Service Columbia, Ft EP/EO Dw~s~on Lauderdale. Greensboro, P O Box 941 Jackson, Jacksonvdle, Atlanta. GA 30370 Little Rock, Nashville, New Orleans Internal Revenue Sera, ce EP/EO Dw~s~on P O Box ]70]0 Sacramento, Balhmore, MD 2]203 San FrancIsco Anchorage. Bo{se, Las Vegas, Los Angeles, Honolulu, Portland, Laguna Nlguel, San Jose. Seattle Internal Revenue 5erwce Aberdeen, Chicago, Des EP/C_O_O,vl~on _ _ ___M,~.~L Fargo. Helena, lc. Omaha, , St Paul, Id Internal Reve~ue Service ED Apphcabon Recewmg Room 5[27. P O Box 486 Los Ani~eles. CA 90053 0486 Internal Revenue Serv,ce ED Apphcahon Recew,ng Stop SF 4446 P O Box 36001 San Francmsco, CA 94102 Internal Revenue Service EP/EO O~wsmn 230 S Dearborn DPN 20 b Chicago, IL 60604 PEMBROKE MEADOWS/SHORES CIVIC LEAGUE /~} ....,,~ ~ ,g 9 ~ r~-34, 514 , I:OS&kOO3kSl: ~03&SO&Ok" ~&55 flairs, Inc Form 8718 (Rev. 10-90) 8'/!8 i 1024 (Rev December ]989) Department of the Treasury Internal Revenue Serv~cr' Application for Recognition of Exemption Under Section 50](a) or for Determination Under Section ;120 OMB No 15a513057 I! exempt status ms approved this apphcabon wdl be open for pubhc mspechon Read the instruchons for each Part carefully A User Fee must be attached to this application. I! the required Intormahon and appropriate documents are not submitted along with Form 8718 (w~th payment of the appropriate user fee), the application may be returned to you Complete the Procedural Checklist on page 4 of the Instructions. Part I.--Identihcatlon of Applicant (Must be completed by all applicants; also complete appropriate Schedule.) Check the appropriate box below to red,cate the secbon under which you are applying · [--] Secbon 501(c)(2)--Title holding corporatmns (Schedule A, page 6) b m Section 5Ol(c)(4)--Cwlc leagues, social welfare organizations (including certain war veterans' orgamzatlons), or local assoclatmns of employees (Schedule B, page 7) c [-'] Section 501(c)(5)--Labor, agricultural, or horhcultural organizations (Schedule C, page 8) d E] Sectmn 501(c)(6)--Bus~ness leagues, chambers of commerce, etc (Schedule C, page 8) · E] Section §ol(c)(7)--Soclal clubs (Schedule D, page 9) f I-'] Section 501(c)(8)--Fraternal benehc~ary soclebes, etc, provldmg life, s~ck, accident, or other benefits to members (Schedule E. page 113 g r-I Sectmn 501(c)(9)--Voluntary employees' benehc~ary assocmtmns (Schedule F, page 123 h I--] Section 501(c)(10)--Domesbc fraternal socmbes, orders, etc, not providing hfe, sick, accident or other benefits (Schedule E, page 113 i [ Section 501(c)(123~Benevolent hfe ~nsurance assoc~abons, mutual ditch or ~rrlgabon companies, mutual or cooperative telephone compames, or like organizations (Schedule G, page 133 J [--1 Sechon 501(c)(133--Cemetenes, crematoria, and like corporations (Schedule H, page 143 k [--] Section 501(c)(15)--Mutual insurance companies or associations, other than hfe or marine (Schedule I, page 15) I E~ Section 501(c)(17)~Trusts prowd~ng for the payment of supplemental unemployment compensation benefits (Schedule J, page 16) m [-'] Secbon 501(c)(19)~A post, orgamzabon, auxdlary unit, etc, of past or present members of the Armed Forces of the Umted States (Schedule K, page 17) n [--] Section 501(c)(20)--Trust/orgamzabon for prepaid group legal services (Parts I, II, and Schedule M, page 21) o r-] Secbon 501(c)(25)--Title holdmg corporabons or trusts (Schedule A, page 6) p i--I Section 120--(~uahhed group legal serwces plans (Parts I, II, and Schedule L, page 19) la Full name of orgamzahon (as shown in orgamzmg document) ~ 2 Employer identdlcatlon number (if none, see Specific Instructions) CiYic League of Pembroke Meadows Inc. 504085691 3 ;lb c/o Name (if applicable) lc Address (number and street) 44213 Chelsea Street Id City or town, county, state, and ZIP code ' Virginia Beach Va 23455 Month the annual accountmg period ends September Name and telephone number (includ~ng area code) of person to be contacted durmg bus~ness hours if more informabon is needed Steve Hawthorne (, UU4 ) 671 1026 5 Date ,.coroorated or formed I 6 Act,v,ty co~es (see back cover) 313169 (Reinstated 2116189) 401 ' 297 D~d the brganlzatlon apply for recogmtlon of exempbon under this Code secbon or under any other section of the Code? [--) Yes m No If 'Yes." attach an explanation Has the organization filed Federal income tax returns or exempt orgamzahon Information returns? ........... ~ Yes If 'Yes," state the form number(s), years filed, and Internal Revenue office where filed Form ggg for the 1988 calendar year. Philadelphia, Pa. Sen, ice Center []--] No Check the box for your type of organization BE SURE TO ATTACH A COMPLETE COPY OF THE CORRESPONDING DOCUMENTS TO THE APPLICATION BEFORE MAILING . m Corporation--Attach a copy of your Articles of Incorporation, (includ~ng amendments and restatements) showing approval by the appropriate state official, also attach a copy of your bylaws Appendix A b [--I TrustmAttach a copy of your Trust Indenture or Agreement, Including all appropriate signatures and dates c E~] Assoc~ahon--' Attach a copy of your Arbcles of Association, Constitution, or other creating document, with a declaration (see)nstructmns) or other evidence that the orgamzahon was formed by adoptmn of the document by more than one person Include also a copy of your bylaws If you are ar~orporahon or an unincorporated association that has not yet adopted bylaws, check herel~ i decla)f~ u)der the penalhes of p~rlury that I am authorized to s~gn this apphcahon on behalf of the above organszatton, and that I have examined this PLEASE apphca~IJb~rUJncludmng the--acc°rnPilnymngsat~'rL'eO'131t'3'e nde. -~ attachments, and to t_he best of my k.nowledge mt ms true. correct, and complete / · ~ (Sign§tufa) (T~tle or authority of signer) , / (Dat~) Form']024 (Rev ]2 89) Pn~e 2 Part II.--Activities and Operational Information (Must be completed by all applicants) Prowde a detailed narrative description o! all the acl~wt~es of the organization--past, present, and planned Do not merely refer to or repeat the language in your organ~zat,onal document Describe each act~wty s:parately mn the order o! mmportance Each description should ~nclude, as a m~n~mum, the following (a) a detailed description of the activity ~ncludlng its purpose, (b) when the activity was or will be initiated, and (c) where and by whom the activity will be conducted $. To develop and encourage community involvement, awareness and understandmng with indmviduals of our adjacent neighborhoods To serve as a plaUorm between individualism or jurisdictional. This goal is promoted through regularly scheduled membership meetings and informative newsletter publications. These activities are coordinated by the Cmvic League Board of Dmrectors. The Civic League participates wmth the Council of Civic League Organizations of Virginia Beach, Inc. (CCO) 2. To provide recreational activities for the residents of our city. The Civic League owns and operates'a Recreational Center (governed by the Civic League Board of Directors) with numerous activities centered around the Pool. Pool membership Is open to the public. The recreation center sponsors a Swim leam and provides recreational swimming, socials, swmmming lessons and salety awareness seminars. In addition, the Civmc League leases a parcel of land to the city of Virginia Beach Recreational Department, which serves as a neighborhood park with children's playground equipment and Lake access for shoreline fishing. The Park is mainl;amned cooperatmvely between the Civic League and Virgmnia Beach Parks and recreation. 3. To promote community safety and cleanliness. The Civic League has encouraged the establishment of Block Security and Crime Solver program particmpation. A self started open space maintenance program sponsored by the Civic League has developed into an Adopt-a-Street program. 4. To encourage neighborhood camaraderie through the sponsorship of both family and adult social activities by the Civic League. 2 List the orgamzabon's present and future sources of financial support, beginning with the largest source first Present. 1. Pool members annual dues. 2. Pool initiative fees. 3 Cmvic Lea(jue dues. 4. News letter adve'rtiseme nt. 5. F u nd ra Isers Future: In an attempt to generate sufficient funds to make major repairs and improvemenbs to the Recreation Center and adjacent open space, the Civic League will be pursing a bingo permit with the city. Reported Incomes from other non-profit associations will place this as the largest source of fi na nc ia I support. Form i024 (Rev 12 89) Prose 3 Part II.inActivities and Operational Information (cont,nued) (Must be completed by all oppllcants) 3 The membership of the organ~zahon's govermng body IS a Names, addresses, and titles of officers, directors, trustees, otc Steve Hawthorne Anna Schwei~er Ashley Wilson Jimmie Furlough Dan Santivasci Jean Furlough Patsy Dixon Loretta Watkins 44 20 Chelsea St 708 Severn St 4 301 St Albans St. 4456 Hudgins Dr. 632 Whitechapel Dr 4405 Hudgins Dr. 704 Severn Dr. 4405 Drury Cir. President 1st Vice Presmdent 2nd Vice President Rec Ctr Director Treasurer Members hip S ac. Recording Sec. Correspondence Sec. b Annual compensahon If you a~e the outgrowth or conhnuat~on of any form of predecessor(s), state the name of each predecessor, the per~od during which ~t was ~n existence, and the reasons for ~ts termination Submit cop~es of all papers by which any transfer of assets was effected Not Applicable If you are now, or plan to be connected ~n any way with any other organization, describe the organization and explain the relationship (such as hnanc~al support on a continuing bas~s, shared facd~bes or employees; same officers, d.ectors, or trustees) I, Io Plans If you have capital stock issued and outstanding, state (1) class or classes of the stock; (2) number and par value of the shares, (3) consideration for which they were ~ssued; and (4) whether any d~vidends have been pa~d or whether your creating ~nstrument authorizes dividend pay. ments on any class of capital stock Not Applicable State the qualdlcatlons necessary for membership in the organizahon; the classes of membership (w~th the number of members ~n each class), and the voting r~ghts and privileges received If any group or class of persons ~s required to join, describe the requ~remer]t and explain the relahonsh~p between those members and members who jo~n voluntardy Submit copras of any membership sol~c~tahon mater~al Attach sample cop~es of all types of membership cerbhcates ~ssued General membership- 18 years of age or older, residence Pembroke MeadoYs I vote Assoc membership- Adult member/business, all privileges except -no vote Ilonorary membership- Adult member, verier annual dues, MI privilege- except no vote 8 Explmn how your assets w~ll be distributed on dissoluhon. All assets Iolloving dissolution gl the Pembroke Meado~vs Civic League will be donated lo the Virginia Beach Recrealion and Parks Department in accordance with the pro~,ision of the Civic League By-Lays dated 1989- 5ce AppendixD Form iO24 (Rev ]2 89) , Part II.--Activities and Operational Information (conhnued) (Must be completed by all applicants) Pnge 4 Have you made or do you plan to make any d~strlbut~on of your property or surplus funds to shareholders or members? If "Yes," state the full detads, Includ~ng (1) amounts or value. (2) source of funds or property d~stnbuted or to be d~strlbuted and (3) basis of, and authority for, d~stnbut,on or planned d~str~buhon ['-lYes ~ No 10 Does, or will, any part of your receipts represent payments for services performed or to be performed~ I! "Yes," state m detail the amount received and the character of the services performed or to be performed El Yes ~ No 11 Have you made, or do you plan to make, any payments to members or shareholders for services performed or to be performed? If 'Yes," state ~n detad the amount pa~d, the character of the services, and to whom the payments have been, or wdl be made Yes ~ No Do you have any arrangement to provide ~nsurance for members, their dependents, or others (including provisions for the payment of s~ck or death benehts, pensmns or annu~hes)? If 'Yes," describe and explain the arrangement's ehDbd~ty rules and attach a sample copy of each plan document and each type of pohcy ~ssued r-'lYes ~ No .14 13 Are you under the superwsory lunsd~chon of any public regulatory body, such as a soc,al welfare agency, otc 7 If 'Yes," submit cop,es of all adm~n~strahve oplmons or court decisions regarding this supervision as well as cop~es of apphcabons or requests for the opinions or decisions Do you now lease or do you plan to lease any property? If "Yes," explain ~n detail Include the amount of rent, a descnpbon of the property, and any relabonsh~p between vour or.anizahon and the other party Also. attach a copy of any rental or lease alfred, rna. n* 114788222596600 Lake Meado~ Par. Al .863 acre Bay'side leased to the Department of Parks and Recreahon of the City o! Yirgmia Beach, Va. for public park and playground purposes for the suni of one dollar ($ I). The Department of Parks and Recreation e! the City of YJrgmla Beach le pay idl reaJ eslale taxes on said property vhiie underlease. See Appendix B 15 Have you spent or do you plan to spend any money attemphng to influence the selechon, nomination, elechon or appointment of any person to any Federal, state, or local pubhc office or to an' office in a political organization;' ....... If 'Yes," explmn in detad and hst the amounts spent or to be spent in each case. [-'-] Yes [--] No Yes ~ No 1-'] Yes ~ No ; t 16 Do you publish pamphlets, brochures, newsletters, journals, or simdar printed material? .... [] Yes If 'Yes," attach a recent copy of each. Newsletter and Residence Directory ...... See Appendix it I-'] No C · Form 1024 (Rev 12 89) Page 5 Part Ill.--Financial Data (Must be completed by all applicants) Complete the hnanoal statements for the current year and for each of the 3 years ~mmed~ately before ~t If m emstence less than 4 years, complete the statements for each year ~n emstence If in existence less than I year, also provide proposed budgets for the 2 years following the current year. A--Statement of Revenue and Expenses (a) Current Tax Year 3 Prior Tax Years or Proposed Budget for 2 Years Revenue From To (b) .ti);.. I Gross dues and assessments of members 2 Gross contnbuhons, g~fts, etc ~ 3 Gross amounts derived from acbwtms related to the organ,zat,on'sexempt purpose (attach schedule) ~ ~-- ~ I ~'~ ~ I ~ ~ ~ I ~ ~ ~ ~ 4 Gros, amounts ~rom unrelated busme,s acbv~t~e~ (attach schedule) · 5 Ga,n from sale of assets, excluding inventory ~tems (attach schedule) 6 Investment income (see mstruchons) 7 Other revenue (attach schedule) 8 Total revenue (add hnes I through 7) x.e se ~ [xpenses attributable to actw~hes relateO to the organ,zahon's exempt purposes 10 Expenses attributable to unrelated business achwhes 11 Contributions, g~fls, grants, and slmdar amounts pa~d (attach schedule) 12 D~sbursements to or for the ~neht of mem~rs (attach schedule) 13 Com~nsahon of ofhcers, d~rectors, and trustees (attach schedule) , 14 Other salaries and wages 16 Occupancy 17 Depreclahon and deplehon ~8 Other expenses (attach schedule) 19 Total expenses 20 Excess of revenue over expenses (hne 8 m~nus hne 19) BtBalance Sheet (at the end of the period shown) Assets I Cash 2 Accounts receivable, net 3 Inventories 4 Bonds and notes recewable (attach schedule) 5 Corporate stocks 6 Mortgage loans (attach schedule) 7 Other ~nvestments (attach schedule) 8 Deprec~able and depletable assets (attach schedule) 9 Land 10 Other assets (attach schedule) 11 Total assets Liabilities 12 Accounts payable 13 Contnbubons, g~fts, grants, etc, payable . 14 Mortgages and notes payable (attach schedule) 15 Other habd~hes (attach schedule) 16 Total liabilities Fund Balances or Net Assets 17 Total fund balances or net assets 18 Total liabilities and fund balances or net assets (add hne 16 and hne 17i Current Tax year asof . 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' · .L~ Z-O. .','. . : ,'= ~ ~ ,~ co, , ,,., :~ co ~ ,-, ,~,~_ . ,,,~,~: ~,~ ~ ~,,,: , , ..- '- ~_ r.,m ~uJ, ~ - ~,'~',, r,, -- , CO rj-j L~J I~ ~ · C3,C0 ,L,rj ;.~ .~ or) CL:O_ ~t. ~ r_D t~ "r',~Z 0-~1-- I--,i : - '0- -- 4* ...... 4 ' ' ' · ' * "D · .e* - -.o, Form 1024 (Rev ]2 89) Page 6 Organizations described in section 501(c)(2) or 501(c)(25) (Title holding corporations or trusts) State the complete name, address and employer idenhf~cahon number of each organization for which htle to property ~s held and the number and class(es) of shares of your stock held by each organ~zahon State whether the annual excess of revenue over expenses is or w~ll be turned over to the organizahon for which btle to property ~s held and, ~f not, the purpose for which the excess (income) is or w~ll be held. 3a In the case of a corporation described m section 501(c)(2), state the purpose(s) of each organ~zahon for which btle to property is held (as shown m its governing instrument) and the Code sechon(s) under which each ~s classified as exempt from ~ncome tax 3b In the case of a corporahon or trust described ~n secbon 501(c)(25), state the basis whereby each shareholder is described m sechon 501(c)(25)(C) INSTRUCTIONS Line 1.mProvlde the requested ~nformahon on each organ~zahon for which your organ~zahon holds title to property Also indicate the number and type(s) of shares of your organ~zahon's stock that are held by each Line 2.--For purposes of this quesbon, 'excess of revenue over expenses" is all of the organ~zahon's income for a particular tax year less operahng expenses Line 3a.--Gwe the exempt purpose of each organization which is the basis for its exempt status and the Internal Revenue Code section that describes the organization (as shown m ~ts IRS determmabon letter) Line 3b.--Ind~cate if the shareholder is one of the following (1) a qualified pension, profit-sharing, or stock bonus plan that meets the requirements of the Code; (2) a government plan; (3) an organlzabon described in section 501(c)(3), or (4) an organizabon described in secbon 501(cX25). · Form 1024 (Rev 12 89) PaEe 7 Organizations described In section 501(c)(4) (Civic leagues, social welfare organlzat'ions (including ~ posts, councils, etc., of veterans' organizations not qualifying or applying for exemption under section 50Z(c)(19)) or local associations of employees ) Has the Internal Revenue Service prewously ~ssued a ruling or determination letter recogmzmg you (or any predecessor organization listed m item 4 o! Part II) to be exempt under section 50](c)(3) and later revoked that recognition of exemption on the basis that you (or your predecessor) were carrying on propaganda or otherwise attempting to influence leg~slahon or on the bas~s that you engaged m political activity~ If "Yes," indicate the earhest tax year for which recogmhon of exempbon under section 501(c)(3) was revoked and the IRS d~str~ct office that issued the revocation [--I Yes ~ No Do you perform or plan to perform (for members, shareholders, or others) services, such as maintaining the common areas of a condom~mum, buying food or other items on a cooperative bas~s, or prowd~ng recreahonal facH~tms or transportahon servmes, job placement, or other similar undertakings? ...... If "Yes," explain the achv~t~es m detad, including income reahzed and expenses incurred Also, explain ~n detail the nature of the benefits to the general pubhc from these achv~fles (If the answer to th~s queshon ~s explained ~n Part I! (pages 2, 3, and 4), enter the page and Item number here ) The Pembroke Meadow Civic League o~s and operales a Recreational Center ~lh numerous activities centered around a Pool. Pood membership is open to the general pubhc. The Civic League sponsors a sum learn and prowdes recreational summing, svimming lessons, socials and saJely avareness seminars. The Civic League evned parcel of land Al .863 acre has been leased for one dollar(S1) lo the City of Virginia Beach Recreation and Parks and serves as a neighborhood part vith children playground equipment for use bythe general public. Re~: Page 2 lines I & 2 Page 3 line 14. ' · · lYes [--].o If you are cla~m~ng exemphon as a homeowners' association, is access to any property or facilities you own or maintain restricted m any way? ..... If "Yes," explmn · · ~Yes [--iNc Recreation Center and Pool '[he Recreation Center and Pool are for the sole use of its current members and guests in accordance with the Civic League Bylaws. Recreation Center membership is not restricted to anyone. Lake Meadows Wayside Park This neighborhood park is open and totally accessible to the public. ! If you are claiming exemphon as a local association of employees, state the name and address of each employer who employees are ehg~ble for membership in the association. If employees of more than one plant or office of the sar employer are ehg~ble for membership, g~ve the address of each plant or office. Hot Applicable '-' "~ AITIOJ! OF IICORPOtATIGIq --- . . do ioo~ll~e co es~obltoh, corpore~t~ tu ocao~do~e wt~b ~e pratt, tons of ~ (a) ~e nam of the corporRlon Lo ~ ~ ~ CZ~C ~ OF ~'_ - O) ~e purpose8 for ~lch It Lo orlent~ed ere as foll~o~ L. To enco~ose cud prom~e thro~ tudtvtdu,l. and united tffOrtl civic botCermnt in the cultural, educational, social. recreational and a~Jttlar fields within the area geuerall7 known ·a ~enbroke , 14eadoua. City of Vlrlinia bach. Vlriluf~. includinS such adjacent areas as 2. To elect and appoint officers and coMittees and define their duties and to nab and altdr by-lays which shell not be inconsistent with these Arttclel of lncorporet£on which by-lave shall he for the regula- tion of the Jffaire of this corporation. 3. To cooperate with other civic loalutl and associations o! . civic lo·Sues and sarden clubs to hep and maintain tho nolshborhood, pti- urlly residential In character and to keep and maintaIn the beauty o! the nellhborhood; ·nd to support or oppo,e any undertakinl of any nature lnclud* 4. To prov£da · forum for the discussion ·~d ·xpress'-ou o~ utters of coummit7 interest and to encourase civic activity for tho bens- fit of all. 5. To erect, improve, purchase, buy. insure, ova. sell. con- vey. exchanso, rent. leaoe, maintain, operate and furnish buildinss, play- sround,, libraries, vehicles, recreation centers, boats, dock., ball fields. park] and other facilities end to acquire real and personal property by Pembroke Meadows Civic League Appendix IN ..... · / THIS MODIFICATION AGREEMENT dated this'-.'~?.,', day of / , 198 , by and between the CIVIC LEAGUE OF PEMBROKE MEADOWS, INCORPORATED, hereinafter designated as "Lessor," party of the first part, and the DEPARTMENT OF PARKS AND RECREATION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, l hereinafter designated as "Lessee," party of the second part. WITNESSETH: THAT for and in consideration of the sum of ONE DOLLAR ,i($1.00) cash in hand received and for other good and sufficient , I!consideration, receipt of which is acknowledged, the parties .,have agreed to amend and modify that certain lease agreement !:between the party of the first part and the party of the second i'part, dated August 28, 1974, as follows: 1. The party of the second part agrees that during the term of the above-described lease or during any period of extension thereof, it (the party of the second part) shall pay all real estate taxes levied against the property described in the said lease. 2. The parties agree that the obligation to pay real estate taxes as provided above shall continue for so long as the said lease remains in effect and the property under lease continues to be used for public park and playground purposes. 3. The parties agree that in the event of termination of the said lease any real estate taxes due and owing on the _ property shall be prorated between the parties through the date Pembroke Meadows Civic League Appendix ]~ Me ado v s & Shore s OCTOBER 1992 , THANK YOU! Caroline Sever, Karen Denton, Susan Barnes, Ashley Wilson, Sheila Breathwaite, The Sheadel Family, Belinda Nash, Florence and Ron Adams. They cover Pembroke Shores, Townhouses and Hudgins Shores. Anne Freitas, Valerie Davis, Debra Cross, Nellie Pafford, The Sc]~riefers, Cathy Lind, Deborah Knight, Paula Keys, Terry Reddy, Marcy Zmuda, Rxta Horvatic, Carolyn Parker, Ann Berk, Dan Santivasci, Brenda Harris and Gay Dean. They cover Pembroke Meadows. Spucial distribution groups go to Loretta Watkins and Jim Wil!e~bri~k. Those captains who cuunt out approximately 800 copies and deliver to distributors are Lorebta Watkins, Vicky Rossy and Karen Hamilton. A BIG THANK YOU TO ALL OF YOU FOR YOUR CONSISTENT EFFORTS ON BEHALF OF OUR COMMUNITY. Anyone interested in joining in o~ this task, please call Karen Hamilton (497-0395). **SEE FLYER ENCLOSED CIVIC LEAGUE UPCOMING CALENDAR! Please ma~k your calendars NOW for the coming events ............. OCTOBER 15, 1992 CIVIC LEAGUE MEETING 7:30 PM ZONING REGULATIONS ** OCTOBER 24, 1992 HALLOWEEN WALK 3:00 PM AT THE PARK ** OCTOBER 31, 1992 HALLOWEEN WALK 3:00 PM AT THE PARK- RAIN DATE ONLY ** NOVEMBER 1, 1992 OKTOBERFEST 1:00 PM AT THE POOL GROUNDS NOVEMBER 19, 1992 CIVIC LEAGUE MEETING 7:30 PM CITY BAYSIDE PLANS ** DECEMBER 13, 1992 CHRISTMAS PARTY THERE IS A SPECIAL INSERT WITHIN THIS ISSUE PROVIDING D~TAILS ON HALLOWEEN WALK, OKTOBERFEST AND C~RISTMAS PART~!!!~ POOL NEWS ! The pool board has already met to begin planning for the 1~93 summer season. Lots of ideas for new programs and improvements are under consideration. It's an exciting time to be involved! You can expect to see some NEAT changes on the outside of the building as the fall progresses. I intend to keep you posted throughout the "off-season". If you have any questions, suggestions or comments PLEASE GIVE ME A CALL!- Carole Gurioli, Director 1993 Season (497-5887). A PPE DI C E_.., 1988 EDITION COMPLIMF~NTS OF TI4~- CMC LEAGUE OF PEMBROKE M~-ADOWS, INC. PEMBROKE MEADOWS PEMBROKE SHORES HUDGINS SHORES TOWNHOUSES CIVIC LEAGUE OF PEMBROKE MEADOWS, INC BYLAWS TABLE OF CONTENTS (UPDATED JULY 19921 ARTICLE I - NAME ................................................ - ARTICLE II - OBJECTIVE ............................................ - ARTICLE III- MEMBERSHIP .......................................... - ARTICLE IV - LEGISLATIVE BODY ..................................... - ARTICLE V - ELECTIONS ............................................ - ARTICLE VI - ABSENTEE BALLOTS ..................................... - ARTICLE VII - BOARD OF DIRECTORS .................................. - QUORUM ................................................. - BOARD AND REGULAR MEETINGS .......... ; .................... - ARTICLE VIII - ADMINISTRATION ...................................... - OFFICERS ................................................. - BOARD OF DIRECTORS ....................................... - FUNCTION COMPOSITION ..................................... - ARTICLE IX - DUTIES OF OFFICERS .................................... - PRESIDENT ................................................ - FIRST VICE-PRESIDENT ....................................... - SECOND VICE-PRESIDENT ..................................... - DIRECTOR OF THE RECREATION CENTER .......................... - TREASURER ............................................... - MEMBERSHIP SECRETARY ..................................... - RECORDING SECRETARY ...................................... - CORRESPONDING SECRETARY .................................. - ARTICLE X - REMOVAL OF OFFICERS .................................. - ARTICLE XI - FINANCES AND OTHER ASSETS ............................ - THE AMOUNT OF DUES ....................................... - OTHER CIVIC LEAGUE ASSETS .................................. - CIVIC LEAGUE BUDGET ....................................... - EXPENDITURES OF FUNDS ..................................... - ARTICLE XII - PARLIAMENTARY AUTHORITY ............................. - ARTICLE XIII - AMENDMENTS ........................................ - page 1 - page I - page 1 - page I - page 2 - page 3 - page 3 - page 3 - page 3 - page 4 - page 4 - page 4 - page 4 - page 4 - page 4 - page 5- page 5 - page 5- page 6 - page 6- page 6- page 7 - page 7 - page 7 - page 8- page 8- page 8- page 8- page 8- page 8- I~ternal Revenue Service District Director Department of the Treasury UP 54-0856913 Z8 52 'CIVIC LEAGUE OF PEHBROKE MEADONS PO BOX 68276 V[RGINIA BEACH VA 23455 Employer Identification Number:. Caee Number:. Pemon to Contact: Contact Telephonln~ Number:, Your organization filed an exempt organization annual information return with the ~deJph~ Service Center. The service center has processed the return but has no record that the Internal Revenue Service has issued you a determination letter recognizing your exemption from Federal income tax. This office, therefore, has been requested to determine your proper filing requirement. If you have not yet applied for recognition of exemption, you should complete an exemption application (Form 1023 or Form 1024, whichever is appropriate) and submit it to this office with a copy of this letter. Application forms are available at most Internal Revenue Service offices. If you previously submitted an application but never received a determination letter from the Service, please send us a copy of your application. If you have previously been determined to be exempt from Federal income tax, send us a copy of the letter in which the Internal Revenue Service stated it had determined that your organization was exempt from tax. If your organization is an affiliated subordinate of a central organization and is covered by its group exemption letter, send us a copy of that letter. If your organization was previously recognized as exempt from tax but has since changed its name, send us a copy of your Certificate of Amendment of the Articles of Incorporation endorsed by the appropriate state official showing the name change and any other organizational changes. In lieu of the above, send us a copy of the minutes of the meeting authorizing the name change if the organization is an unincorporated association, or an amended Indenture of Trust if the organization is a trust. Also, please notify us of each employer identification number you have used if you have used a number other than the one shown above. When you reply, please provide your telephone number and the most convenient time for us to call in case we need more information. Address your response to the contact person named in the heading of this letter. ' 31 14ol:ddn. Plaza, Baltimore, MD 21201 Letter 993(DO) (Rev. 4-86) If ye do not receive your response within 30 days from the date of this letter, ye will assume your organization is not exempt from tax. You will then be required to file the appropriate Federal income tax return. Thank you for your cooperation. SincerelF Fours, Dtstrtot Dtreotor Enclosures: Copy of this letter Envelope Letter 993(DO) (Rev. 4-86 ATTACHMENT II The following is a listing of seasonal employees hired by the Pembroke Meadows Civic League, Inc. in order to operate its publicly-open swimming pool. No other individuals are employed by the civic league. Full Time/~1992 Position Part Time Salary Manager Full Time $250/wk (1) Assistant Manager (1) Full Time $225/wk Lifeguard (4) Part Time $4.60/hr ATTACHMENT III The real property belonging to the Pembroke Meadows Civic League should be exempt from city taxation because the property under consideration is open (common) space that was deeded to our neighborhood as part of our planned residential development. This common property, comprised of a park, lake and recreation center (pool), is open to public use without discrimination on any basis including residency location. As stated within, the recreation center is available to paying members. Pool membership is available to anyone without exclusion. Exemption from real estate property taxation for common property is currently provided by Section 58.1-3284.1 of the Virginia Code to "automatic membership" corporations or associations of "certain planned development subdivisions". Our community is a planned residential development, but our membership is strictly voluntary. Much of the financial hardships and difficulties of annual appeals for dues and management assistance would be alleviated if our organization required automatic membership. Real estate tax exemption would help to assure the continued viability of our stated purposes. Another misfortune of not having "automatic" membership is the burden of passing annual real estate property taxes on to our-volunteer members. Automatic membership organizations are currently exempted from such taxation. This is an inequitable situation that exists in the state code. By affording the opportunity of many passive recreational activities to anyone residing or visiting our city, our civic league serves as a supplement to the city's public recreational opportunities. The city would be faced with a greater burden of providing and operating additional park facilities in the absence of small neighborhood parks and recreation centers. In conclusion, based on the fact that this common property is: 1) available to anyone's use, 2) assists the city's parks and recreation departments in meeting the recreational needs of residents and visitors, 3) taxes must be paid through volunteer dues, and 4) a gross inequity exists in the state law, We request exemption from the city's real estate taxation of the common property parcels belonging to our civic league. 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY PINE RIDGE CIVIC LEAGUE, LTD. AS BEING EXEMPT FROM STATE AND LOCAL TAXATION WHEREAS, property located in the City of Virginia Beach and owned by Pine Ridge Civic League, Ltd. is currently subject to ad valorem taxation; WHEREAS, Pine Ridge Civic League, Ltd. 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 Pine Ridge Civic League, Ltd. as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.4 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 § 30-19.4(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 Pine Ridge Civic League, Ltd. should be designated as a benevolent corporation 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 Pine Ridge Civic League, Ltd. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local 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 Pine Ridge Civic League, Ltd. as a benevolent corporation within the 35 36 37 38 39 40 41 context of § 6(a)(6) of Article X of the Constitution of Virginia and that real and personal property owned by Pine Ridge Civic League, Ltd. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December , 1992. 42 43 44 45 CA-4932 ORDIN\NONCODE\ PINE . RES R-2 PREPARED: 12/09/92 APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION Applicants: Please f~ll out thzs form and submit same to the City Manager, Municipal Center, Virginia Beach, Virgmnla 23a56. In any uzstance where additmonal space is needed to complete your answer to a partmcular question, please utlhze a separate sheet of paper and attach it to this applicatmon. Formal Name of Corporation/Organization: ~9/N~ /~tDG~. ~/V'tC Address Telephone Number: 1.Is the Organization chartered or incorporated under the laws of the Co~onwealth of Virginia? 2. For what purpose is the group chartered? ~'(~'~('/C'L, /~/;Z_ z~, '~",'/Z, ~ ' ,~; /)z~ ~'1/~ , rtr> 7tt/~7 /t~,7 T~ ~, ~>~i~l~ /ILL- <'iv,(/ ~('/~L, 3. Describe in detail and specify the location of all real and personal property for which exemption is sought· · List the present tax assessment of each parcel of real property for which this exemption is sought: 7~,'.r~r ~',3~.. c, (.~- '~L-C 'i. ?t.f; ,r- ,.~t Z¢.. ~.,~,~' :: ~,c_~ Parcel im/.; A ! /5, /¢~'~_,-'~ "/,~ Parcel t'l~?, f~ . ?~.~':' /~L/'-~ Description: j,/o~ ~ ~' ~¢': Description: P/^J Nqo~' .~ c 9,t?'~ Assessed Value: Assessed Value: Land: $ I'?, 7.~. ,'.'- Land: Improvements: Improvements: $ - o- Total Assessed Value: Total Assessed Value: $ 5. List the present tax assessment, by tax bill, of personal property for which the exemption is sought. . For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and floor locations. I a. Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If yes, give details. ~/I,~ ~/~r.~L~ ~') I''Jl_/, /~ ,~t~Z3Z,.',~'l','7~.~ ~3 ~{~,~_~ ~{~L~,9 ~1~;~ (%ii'J(. b. Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If yes, give all details. e With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwise. If so, give all details. '8. Is the organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 19547 If so, attach documentation. · 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? Is any director or officer of the agency paid compensation in excess of a reasonable allowance 'for salaries or other compensation? ~U 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. 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 shal~--include the providing of personal services or the contribution of ~.,~.-/;,-~ ~'1 any in-kind or other material services. /~ L"7,~ ('z)~''~:,'''°~- .' ' ~,- '~-' " t 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of determing cost of the services to the recipient, and any other details you deem pertinent. f~)l-~)l'~iC~;t' bt-, ~ I)l.f L//ZZ'~'FZ /',',tL ztl/C 5, I~,~1~17F~¥~-'('~ I;1_,~.> OPK , 14. What part, if any, of the activities of the organization involves carrying on propaganda, or otherwise attempts to influence legislation? /Vo c 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. 16. State the organization's rule, regulation, policy, or practice concerning discrimination on the basis of religious conviction, race, color, sex or natural origin. 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing officer. 18. In addition to the above, please provide the following information: (a) A copy of the organzzation's most recent audited f~nancia! statement (i.e., current balance sheet and income and expense statement for the. organization's last fiscal period). (b) A detailed listing of the current salaries and/or other compensation of the officers and directors of the organization. In addition, please ~pecify as to each officer or director so l!sted, the basis of the listed salary or compensation (i.e., annually, per meeting, hourly, commission, etc. ) . (.//¢~ ~- /)Pl)?.M: f~bt-/~ / ( 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. ,%~.. t_,,~P.,-, ~lt. '~ LzVL v, ('1'-',( Lt-I)c I'( f,f fl¢ ~ r L t~IIf_, t?/.E ( d ) Specify what percentage of gross income of the organ~-zation was required to pay real and personal property taxes for each of the last three years. (e) Explain in detail why the City Council of the City of Virginia Beach should recommend to the General Assembly of Virginia that this organization should be exempt from real and personal taxation in the City of Virginia Beach. Please include in your explanation, the services provided by the organization. This form was prepared by ~3--L~ C ~ L"~P,.~t41,.~ .. whose title with the organization is ( Signature ) Internal Revenue ServIce D~str~ct D~rector FEe, '7 1986 F'INE PIE,,C.E c.I'.']S L~'AG~IE LTD VTRGIh~],~ E:EAFjN. L'A Department of the Treasury Ir, terr,~l F'ever,,,¢ Cnde Sect Lot, 501tc) (4~ A,'CO,.,F,L]F,,] Perl,~,_t Er, dlr,:a: Octobe~ 31 Form ~290 I~'~,:l,.,~_red+' yes Dear Applicant E:Bsed OF, ir, formmtior, supplied, ~r,d BSSI_I~;i1Fi,~ your operations will be ~s slated ir, your mppl~c~tior, for recosr, ition of e.';emption, we have determined '¢o,., are e"empt from F~dere] ir, come tm'.' ur, der the prOVlSlOF~S Of the Ir, t~rr, m] Revenue Code sect~or, zr, d~cmted _~bove, Ur, less specifically e'~cepted, ¥o,_, are liable for tm:.'es ,.,r, der the Fede~=.l IF, S,,r~F, ce Cor, tr~but~or,~ Act ~soc~el sec,.,r~ty tm~s/ for each employee to who~, '/OU F,-3'~' $1 O0 ')r iT, or~, d,JlT I-~,~ ~ cO[el-,d~r year , Ar, d~ ur, less e~ceptmd, '/ou Bre al~m liable fa~ t~:' ,.ir,der the Federal Unemploymer, t T~:~ ~ct for e~ch emplo'¢ee ~0 uhO~ll vOU p~v ~50 or ~lore dllrll-~.] ~ caler, d~r .R,.,mrter if, dllrlrl.~ the c,.,rrent or procedlr,~ c~ler, dBr veer, you hBd one or more employees Bt Br, v t~,e ir, eBrh of ZO celer, dmr ~eePs or yo,., p~ld wages of $1.500 or more ir, ~r,¥ cs]er, d~r 9,-,~r~r. If vo,., h~ve mr, y g,_,est~or, ~bo,,t e~'clse, employmer, t or other Federel ~'~es- please address them to this off~ce. If your purposes, character, or method of operation char, se, please let ,_,s ~r, ow so we c~r, consider the effect of +.he ch~r, ge or, your e'~empt status, Also. '¢o,., should Ir, form ,,s of all chmr, ses Ir, your r~,e 8r, d mddre=s, The bloct, checked ~t the top of +.his letter shows whe$her '/o,_, must ¢~le Form 990, F'et,_,~r, of OrLqmr,~zmtzor, E"empt fro,, Ir, come T~'~, If the Yes bo~' ~s checked, vo,., ~re oF, ly rP~,.,~red to f~le Form ~0 if vo,.,r ~ross ~'ece~pts e=ch year ~=e r, ormelly more thor, $~5,000, If a ret,_,rr, is re~,.,zred, ~t ~,,_,st be f~led by the [5~h d~y of the f~$h mot, th ~fter the end of your ~r,r,,,~l ecco,.,r,tzr,,3 pe~'iod~ The law provides for m per,~lty of $10 e day, ,.,p to ma~imi.,m of $5,000, when m retL, rr, ~s f~led late~ unless there zs reasonable cm,_,se fo~ the del~,/. Th~s per,mlty may also be chmrsed if a return zs not complete, So please make sure your return ts complete before you f~le You are not reR,.,lred to file Federal ir, come to:'. retyrr, s ur, less you 8re subject to the t~" or, ur, related b,.,s~r, ess ~r, come ur, der section 5~1 of the Letter 948¢CG~ PINE RIDGE CIVIC LEAGt;E LTD -£- 1r~CO~e tS'~ l'etu~r, OF, FO~, ooC,-T, E)'e~,F.t O~er~z~l on Business ~r, co~e p~oposed ~ct] .'~t ~¢s are ,~F, rel~ted t~;de or b,,s~r, ess ~s def~r,6, d ;r, sect]or, 513. Yo~ F~¢-yed --3F;d erf~:,[(yyer l'~eFitll~lr'_3tl OF~ r~u.~l-,ef' ~ver, If` '?ou )13'¢'e en, plovees. ].¢ mr, e~,ployer ider, tiftcmttor, nun, bet wa: not er, tered or, your ~ppllo~tlor,, e r,u~,be~ will be ~ssz,~ned to you _~r,d ye,., wzll b~ ~d,¢~sed of' Pleese ,_,se that r,u~,ber or, ~11 ~etu~r,s you f~le mr, d zr, all corresponder, ce with the Internal Pever~ue Service, Because this letter could help resolve any 9,.,estior, s about your e;.'e~,pt stet,.,s, yo,., should Weep zt ~r, yo,,r peak, ar, erst records. If you hmve er, y ~,.,estlor, s, please cor, t~ct the person whose r,a~,e end telephone r,u~,ber are shown ir, the he~dlr,~ of thzs letter° Sincerely yours, Teddy R, Kern D~st~ct Dlrecto~ Letter ~48(CG) Attachment # 2- Answers to Question #18 Parts (a-e) (a) Cop~es of ~nd~v~dual balance sheets revealing c~vic league f~nancial transactions for hscal year 1991, appear as Attachment #3. (b) Officers and Board of Directors for the Pine Ridge Civic League are voluntary positions, subject to election by the general membership, and receive no compensation or salary for their participation in the civic league in th~s capacity. (c) The civic league has no employees, only volunteers who serve in the positions of: President, Vice President, Secretary, and Treasurer. We have three members who serve on the Board of Directors. They receive no salary for serving in these positions. (d) The percentage of taxes paid in 1990 was 3% but this number ~s Iow because we overpayed our taxes in 1989, and the tax b~ll appears to be adjusted for 1990. The percentage for 1991 is 8% and 9% for 1992. These percentages are based on average annual gross receipts. The percentage for 1992 was calculated based on the gross receipts of the civic league without the property procurement. Our gross receipts for 1992 are quite h~gh but this amount reflects the money payed by the city to purchase the land for the London Bridge Road Project. The receipts for 1992 are not average since a procurement of this nature would not take place on a yearly basis. Also, the money acquired through the land sale is ear marked to restore the entrance to the subdivision at project completion. Fencing, signs and landscaping will consume the majority of the proceeds. (e) As President of the Pine Ridge Civic League, I find myself in a rather unique position to address this question. I own a townhome ~n the V~llages Subdivision of Level Green, located in the city. The V~llages have a Homeowner's Association where membership is mandatory If a homeowner elects not to pay their dues, then a paid management company pursues legal avenues to collect any monies owed the association. The dues are about $180.00 (dollars) a year and cover pool, lake, clubhouse and common area maintenance. Th~s is a large townhome area and the total income from dues is several thousand dollars. This homeowner association is not required to pay real estate taxes on the land they own despite the fact that their yearly revenues exceed any that a small civic league m~ght be able to generate. The Pine Ridge Subdivision contains 255 homes with approximately 75-100 families belonging to the c~vic league. Participation in the c~v~c league ~s voluntary and ~s subject to extreme fluctuation dependent on the economy, concern for the community, and emotion. We have no legal recourse when an unhappy resident decides not to pay their dues. The civic league bills are consistent but our 'revenues are not. S~nce the inception of the civic league, we have been responsible for paying taxes on the subdivision entrance land we own, even though it does not offer the recreational possiblities that a clubhouse, pool or lake offer. This land can not be developed and is utilized only as a natural habitat for wildlife, picnic area,fall pig roast or Easter Egg Hunt. The civic league also maintains the center ~sland which is city property. The center island is not a small area For years we have mowed, seeded, planted, raked, and weeded th~s area to maintain a uniform appearance to our community entrance. The cost for this maintenance has been paid by the civic league w~thout approaching the city for help. The purpose of the civic league ~s to promote the participation of the residents ~n all activities that pertain to the development of the c~vic, social, education, safety and general welfare of the Pine Ridge area of the c~ty of V~rginia Beach, for reasons of improving the environment of the League and families. To cooperate with other organizations engaged in worthy causes of common interest. To create and furnish a forum through which members may express their views on any matter affecting the community as a whole. To present a un~ted position to local and/or state governments on civic and business matters affecting the community and to cooperte w~th sa~d government. C~vic leagues are small groups that exist to preserve a sense of community within a large subdivision. Our civic league provides the following outlets for community involvement to its' residents: fall pig pickin', Christmas caroling, Easter Egg Hunt, community garage and bake sale, summer picnic, front entrance fall and spring cleanup, and a food drive for the needy during holidays. It is imperative that the city act to begin treating civic leagues with the same equality that homeowner associations have in regard to paying real estate and personal property taxes. ;.,i,, ,. ,,. , ¢ IRII©~IE 011¥1]0 LIEA~I~IE TREASURERS REPORT DATE'I-5-q! FORWARDING BALANCE $ TOTAL RECEIPTS $ $ $ $ $ $ $ $ $ $- $ ~t · CC D)~$1~ILIIIRSIEM IE~T$ CHECK#' CURRENT BALANCE .I; Z,Oo ~ $.oo \\oo, Oo ' 'L,":, ~¢ ~q 22,00 TREASURERS REPORT DATE:~-~I~ FORWARDING BALANCE $ TOTAL RECEIPTS $ $ $ $ $ $ $ $ $ $ $ 6~ ,oo CHECK# TOTAL DISBURSEMENTS 10o, oo CURRENT BALANCE TREASURERS REPORT DATE:(o-'G--~II FORWARDING BALANCE $ RE©E~PT$ q--- ['Z. "' "' TOTAL RECEIPTS $ $ $ $ $ $ $. $ $ $- $ · %%~o. oo 3'~q .~0 J--lb · oo ~0 ,oo '70 ,.00 q S--O0 ~0. oo OOSSUF~SEI~ENT$ CHECK# TOTAL DISBURSEMENTS '~..0o 3 q$,oo ~o ,oo '70 llb,O0 CURRENT BALANCE r' TREASURERS REPORT DATE:~t-n-~ FORWARDING BALANCE TOTAL RECEIPTS 2_v't. Oo 1"60, %3 CHECK# ?..ct."], ~--'FA-E- Dt$ B URSEMEN-T~ ' 2.1~ C-la R R E N-T--BA- L-/~ N CE- $ $ $ $ $ $ $ $ $ $ $ MgO, O0 Itlo ,00 'ZSo .oo 'Z..L, lid ?SC~ o, oo STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: · lc>,,c.e_ and says that he/she is the .-~'ifto.~--,lc{e~r%~ the PI~. ~t~-O~_l ~1~{~ ~~~ being duly sworn, deposes (title) of {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. (Si~tu-~e of OffiCer)' Subscribed and sworn to before me this \~ day Notary Public My Commission Expires - 18 - Item 1V-H.Z RESOLUTIONS~ORDINANCE ITEM # 36347 Upon tnotion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Resolution to provide health care coverage to Virginia Beach City employees who retire prior to age sixty-five (65) with twenty-five (25) or more years of service; and, on work-related disability with five (5) or more years of service. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Louis R~ Jones, Paul J. Lanteigne, and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Robert IC Dean, * John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Absent: None *Councilman Dean changed his vote from an AYE to a VERBAL NAY. December 15, 1992 A RESOLUTION TO PROVIDE HEALTH CARE COVERAGE TO VIRGINIA BEACH CITY EMPLOYEES WHO RETIRE PRIOR TO AGE 65 WITH 25 OR MORE YEARS OF SERVICE OR ON A WORK RELATED DISABILITY WITH 5 OR MORE YEARS OF SERVICE 10 11 12 WHEREAS, under current City policy, City employees who retire on a work-related disability with less than 15 years service are not eligible to continue health care coverage through a City- sponsored health care plan; and WHEREAS, it is felt that these employees should, through this coverage, be recognized for their service to the City. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City staff is hereby authorized to make provisions to continue health care coverage to City employees who retire on or after June 30, 1986, before age 65 with 25 or more years of service, and those who retire on a work-related disability compensable under the Worker's Compensation Act on or after July 1, 1992, before age 65 with 5 or more years of service, through a Health Maintenance Organization, or other City-sponsored health care plan until they reach age 65, with the same coverage as that provided to City employees. 2. That this Resolution shall supercede the Resolution adopted by the Council on May 29, 1990, with respect to this same matter. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December , 1992. 29 30 31 32 CA-4895 ORDIN/NONCODE/HEALTH. RES R-2 PREPARED: 12/01/92 - 19 - Item IV-H.3. RES OL UTIONS /ORDINANCE ITEM # 36348 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED, AS AMENDED*: Ordinance to APPROPRIATE $6.0-Million from the General Fund Balance re loan to the Development Authority subject to final review and approval of the closing documents by the City Attorney, execution of such documents by the Development Authority, NationsBank and other necessary parties; and, appointing the City Manager as Trustee under the Development Authority's Deed of Trust to the City of Virginia Beach with authorization to approve or disapprove acquisition of additional property, expenditure of funds for infrastructure or other development costs by the Development Authority. *Lines 21-24 shall be DELETED: " WHERF~ the deed of trust, which constitutes the loan agreement between the City and the Authority, has been prepared in final form, as amended herein, and has been reviewed and approved by the City Manager, the City Attorney, the Director of Finance, and the Development Authority;..." Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Louis 1~ Jones, Paul J. Lanteigne, and Vice Mayor William D. Sessoms, Jr. Council Members l~oting Nay: Robert IC Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Absent: None December 15, 1992 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 AN ORDINANCE APPROPRIATING $6 MILLION FROM THE GENERAL FUND BALANCE TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, by ordinance adopted on October 27, 1992, City Council authorized a loan of $6 million to the City of Virginia Beach Development Authority (the "Authority") in FY 1992-93 subject to the inclusion of designated terms and conditions in the loan documents and the agreement of NationsBank to certain additional terms and conditions; WHEREAS, one condition of the loan was that "[t]he Authority shall not purchase or otherwise acquire additional property or expend funds for infrastructure or other development costs, without the prior approval of City Council"; WHEREAS, City Council has determined that the City Manager should be appointed as trustee under the Authority's deed of trust to the City and, in that capacity, should be authorized to approve or disapprove, on behalf of the Council, any request of the Authority to acquire additional property or expend funds for infrastructure or other development costs; WHEREAS, at a meeting held on November 30, 1992, the Authority approved acceptance of the loan from the City subject to the terms and conditions set forth in the ordinance authorizing the loan; and WHEREAS, NationsBank has agreed to the additional terms and conditions set forth in the ordinance authorizing the loan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $6 million is hereby appropriated from the City's General Fund Balance for the purpose of making a loan to the II II Virginia Beach Development Authority (the Authority ); BE IT FURTHER ORDAINED: That actual transfer of the funds shall be subject to final review and approval of the closing documents by the City 35 36 37 38 39 40 41 42 43 44 Attorney, and the execution of such documents by the Authority, NationsBank, and other necessary parties; and BE IT FURTHER ORDAINED: That the City Manager is hereby appointed as trustee under the Authority's deed of trust to the City and, in that capacity, is authorized to approve or disapprove of the Authority's acquisition of additional property, or expenditure of funds for infrastructure or other development costs. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December 1992 45 46 47 48 CA-4896 ORDIN \NONCODE \ DALOAN. ORD R-4 PREPARED: 12 / 16 / 92 - 20 - Item IV-L CONSENT AGENDA ITEM # 36349 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION Items 2, 3, 4, 6, and 7 of the CONSENT AGEND/L Items 1 and 5 were pulled for a separate vote. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members l/oting Nay: None Council Members Absent: Nancy IC Parker Mrs. Parker advised she had to leave at 6:30 P34. as her daughter was in a Christmas Program at Virginia Beach Junior High School. December 15, 1992 - 21 - Item I1,'-I. 1. CONSENT ,4 GEND,4 ITEM # 36350 Gerald Divaris, 1519 Quail Point Road, Phone: 497-2113, represented the Central Business District Association and spoke in OPPOSITION. Upon motion by Councilman Moss, seconded by Councilman Branch, City Council ADOPTED: Resolution requesting the Virginia Department of Transportation apply the designated Constitution Drive funding of $2,860,396.90 to the construction of 1.2 miles of Indian River Road Phase V highway improvement project; and, that the City pay its share in accordance with State Code Section 33.1-44. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 15, 1992 PROJECT PROGRAMMING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE BE IT RESOLVED, that the City Council of Virginia Beach, Virginia requests the Virginia Department of Transportation to provide funding in the amount of $2,860,396.90 toward construction of a project for the improvement of Indian River Road from 1-64 to Ferrell Parkway, a distance of approximately 1.2 miles. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to pay its share of the total cost for construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 15th Virginia Beach, Virginia By ATTEST day of Dsuember , 19 ~? City of City Manager-~ ~ C~erk of Council nfe WOO~TOCK CI OON/ CBN Umver$~ty i ! Brandon MAIZ£ DR // Land F~II No 2 Tallwoo INDIAN SOUAW V RIVER RD. PHASE V ClP NO. 2-080 I(NOD Ct // ~ ~T~FI~ nnrtlnCr t~H/~ Y CT SCALE 1"= 1,600' 'PREPARED BY ENG./DRAFT. 4/9/91 / I Item 1V-L2. CONSENT AGENDA ITEM # 36351 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolution authorizing the Director of Finance pay Morag D. Nocher and Noreen N. White the value, principal and interest accrued, of General Obligation Public Improvement Bond, Series of 1989B, 1992 maturity (Capital Appreciation Minibonds), numbered R-382, on the date of maturity without the necessity of replacing the lost or misplaced Minibond. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 15, 1992 A RESOLUTION TO AUTHORIZE PAYMENT OF LOST MINIBOND WHEREAS, the General Obligation Public Improvement Bonds, Series of 1989B, 1992 maturity (Capital Appreciation Minibonds), hereinafter "Minibonds," were issued in Registered form and were not transferable or assignable pursuant to the authorizing Resolution adopted by City Council on September 11, 1989, and the stated terms on the Bonds; WHEREAS, those Minibonds were all issued in $500 denominations and 9 bearing a 6.2% annual rate of interest, dated October 12, 1989, and maturing October 12, lO 1992; 11 WHEREAS, Morag D. Nocher and Noreen N. White, have affirmed that they 12 13 are sole legal and beneficial owners of a certain Minibond, numbered R-382; WHEREAS, the owners of this Minibond has also affirmed that the said security has been lost or misplaced; 15 WHEREAS, the owners have complied with all legal provisions to effect 16 replacement of said security by providing appropriate affidavit; and 17 WHEREAS, John T. Atkinson, City Treasurer, has determined that because of the non-transferable nature of the Minibonds, no indemnities shall be required. 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA; 21 That the Department of Finance, the Registrar on said Minibond, is directed 22 to pay the owners the value of the Minibond, Principal and Interest accrued, on the date of 23 maturity without the necessity of replacing the lost or misplaced Minibond. 24 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of December , 1992. APPROVED AS TO CONTENTS p~PAkiMl:NI AFFIDAVIT OF LOSS STATE OF VIRGINIA CITY/COUNTY OF Virginia Beach The undersigned (hereinafter called "Deponent"), being duly sworn, del~ses and says that. v~o~r~o ~ Moc. k~r-. ~,~L ~J o 12. ee~ N bun,' (1) Deponent ks an adult whose mmhng address ks II,; ri, ?-".,, "',;',*,~ , ,,~- and ks the owner of or ks acting m a representauve or fiduciary capacity w~th respect to certain securmes (describe type of security, ~dent~ficaUon number, and number of shares or face value) 1989B General Obligatton Publtc Improvement Mmibonds, Numbers(s) ~x-3~'''4'- gt ,5" o o o . o c E c~ c e va l u,e_~ I issued ~y Cto,; of Virginia Beach, Virginia (hereinafter called the "Issuing Corporauon") and regkstered ~n the name of. (2) Deponent further says that the aforesa,d security or secunues (hereinafter called the "Original", whether one or more) have been lost, stolen, destroyed or m,splaced under the follovdng arcumstances' _'__-. (3) That sa,d Original (was not) endorsed. (If endorsed, describe form of endorsement and state whether agnature was guaranteed.) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or recover same, and that Deponent was the uncondtuonal owner of Original at the ume of loss, and ,s enmled to the tull and excluave possesaon thereof, that neither the Original not the rights of Deponent thereto have, m whole or ~n part, been assigned, transferred, hypothecated, p~edged or otherv~se dksposed of, tn any manner whatsoever, and that no person, firm or corporauon other than Deponent has any right, utle, clmm, eqmty or interest m, to, or respect,ng Original or the proceeds thereof, except as may be set forth ~n Statement (5) following. (5) (If Deponent's interest m the Ongma[ is m a representative or fiducmry capacity, tn&cate below the designation of such capacity, ! e, Admimstrator, Executor, etc, and the title of the estate, as follows): Deponent is ~/r//~ of the estate of (Specify names of any other persons having an interest in the Original. Lkst them below and indicate the nature of their interest, such as heir, legatee, etc ) NAME INTEREST (6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation and Its agents to ~ssue new securities tn, or payment in heu of, substitution for the Original (7) Deponent agrees that If said Original should ever come ~nto Deponent's hands, custody or power, Deponent roll ~mmechately and wqthout cons~deration surrender Original to Issuing Corporation, its transfer agents or subscr,ptlon agents for cancellation /,,//./ ,19~7'2''''' ,IkOn,.,?(8) Signed, sealed and dated Sworn to and subscribed before me 19 9'2.----- NOTARY PUBLIC ( '.~dftx Notmnal Seal) My Commissto,n expires Signature of Deponent Sworn to and subscribed before me this ~'/'~,/.5-' dayof ,--~~'~',-J ~9 ~.z-~ (Alfix Notarial Seal) Mv Commission expires Stgnature of Deponent - 23 - Item IV-L3. CONSENT AGENDA ITEM # 36352 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to APPROPRIATE $5,500 from the current balance in the Francis Land House Board of Governors Trust Fund re expenditures supporting the mission, goals and activities of the Francis Land House and to purchase transport mobility equipment for impaired individuals. Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 15, 1992 AN ORDINANCE TO APPROPRI&TE $5,500 FROM CURRENT BALANCE IN THE FRANCIS LAND HOUSE BOARD OF GOVERNORS TRUST FUND FOR EXPENDITURES IN SUPPORT OF THE MISSION, GOALS, AND ACTIVITIES OF THE F~ANCIS LAND HOUSE WHEREAS, the Francis Land House Board of Governors advises the Francis Land House staff on mission, goals, and activities, and WHEREAS, the Board of Governors is initiating the process of developing an annual budget for the generation and expenditure of funds to support the mission, goals, and activities of the Francis Land House, and WHEREAS, the current balance in the Francis Land House Board of Governors Trust Fund is in excess of $5,500, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $5,500 be appropriated from the current balance in the Francis Land House Board of Governors Trust Fund. This ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth of December 1992 APPROVED AS TO CONTENT: Walter C. Kraemer, Jr. Department of Management and Budget - 24 - Item IV-L 4. CONSENT AGENDA ITEM # 36353 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance declaring any property of the City of Virginia Beach located within the parcel of land at the Southwestern corner of Euclid Road and Independence Boulevard described as "4.8578 AC" on the Resubdivision Plat of Lewis Family Partnership as EXCESS property; and, authorizing the City Manager to execute a Deed of Boundary Settlement conveying same to the Lewis Family Partnership (KEMPSVILLE BOROUGH). Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert tC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker December 15, 1992 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME WHEREAS, the Lewis Family Partnership is the owner of a parcel of land located at the southwestern corner of Euclid Road and Independence Boulevard and the City of Virginia Beach is the owner of the rights of way known as Euclid Road and Independence Boulevard; and WHEREAS, portions of the land of the Lewis Family Partnership have been the subject of a condemnation action instituted by the City of Virginia Beach for the purpose of widening the aforesaid rights of way; and WHEREAS, in connection with the settlement of the aforesaid condemnation action, the City of Virginia Beach and the Lewis Family Partnership became aware of some minor discrepancies between the location of the street improvements and boundary markers on their lands as shown on the taking plats and the physical location of the improvements and boundary markers actually situated on the aforesaid lands; WHEREAS, a plat of survey dated October 5, 1992 and bearing the legend "RESUBDIVISION PLAT OF LEWIS FAMILY PARTNERSHIP PROPERTY KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA" (the "Plat") has been created to show where the city of Virginia Beach and the Lewis Family Partnership believe the boundary lines should be located; WHEREAS, the City Council of the City of Virginia Beach is of the opinion that it is in the best interests of the City of Virginia Beach to establish that the true and correct boundary lines between the lands of the City of Virginia Beach and the Lewis Family Partnership are as shown on the Plat; and WHEREAS, the City Council of the City of Virginia Beach is of the opinion that any strips, gores or other portions of land owned by the City of Virginia Beach located within the boundary 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 lines of the property of the Lewis Family Partnership as shown on the Plat are in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That any strips, gores or other property of the City of Virginia Beach located within the parcel of land described as "4.8578 AC" on the Plat is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is authorized and directed to execute a deed of boundary settlement, in the form attached hereto as Exhibit A or in such other form as he deems in the best interests of the city of Virginia Beach, to convey said property, reserving therein the easements benefitting the City of Virginia Beach shown on the Plat, and to establish the boundary lines shown on the Plat as the true and correct boundary lines between the lands of the city of Virginia Beach and the Lewis Family Partnership. 2. This ordinance shall be effective from the date of its adoption. A three-quarters Council vote is required for adoption of this Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of December 1992 56 57 58 59 CA-4942 ORDIN\NONCODE\LEWIS. ORD R-1 PREPARED: 12 / 4 / 92 .~~~.u A~ IO Cu~,~i- . SIGI'I^'I'UP, E DEPARTM[NI APPROVED AS TO LEGAL I SUFFICIENCY AND Exhibit A DEED OF BOUNDARY SETTLEMENT THIS DEED OF BOUNDARY SETTLEMENT made and entered into this day of , 1992 by and between the Lewis Family Partnership, a Virginia general partnership, party of the first part (to be indexed both as "Grantor" and "Grantee"), and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, party of the second part (to be indexed both as "Grantor" and as "Grantee"), WITNESSETH: WHEREAS, the party of the first part is the owner of a parcel of land located at the Southwestern corner of Euclid Road and Independence Boulevard and the party of the second part is the owner of the rights of way known as Euclid Road and Independence Boulevard; and WHEREAS, the party of the first part has caused the land to be surveyed by Fox Engineering, P.C., a plat of which survey dated October 5, 1992 and bearing the legend "RESUBDIVISION PLAT OF LEWIS FAMILY PARTNERSHIP PROPERTY KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA" (the "Plat") has been recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book at page and by this reference is made a part of this Deed; and WHEREAS, the party of the first part and the party of the second part agree that the true and correct boundary lines between their respective lands are shown on the Plat. NOW, THEREFORE, in consideration of the premises and the sum of $1.00, cash in hand paid, the receipt of which is hereby acknowledged by the party of the first part, the party of the first part does hereby agree that the boundary lines shown on the Plat are the true and correct boundary lines between the lands of the parties, and does hereby quitclaim and release unto the party of the second part all of its right, title and interest in and to the land lying outside of the boundary lines of that certain parcel entitled "4.8578 AC" as shown on the Plat and within the Euclid Road right of way and/or within the Independence Boulevard right of way as shown on the Plat. AND, in consideration of the premises and the sum of $1.00, cash in hand paid, the receipt of which is hereby acknowledged by the party of the second part, the party of the second part does hereby agree that the boundary lines shown on the Plat are the true and correct boundary lines between the lands of the parties and does hereby quitclaim and release unto the party of the first part all of its right, title and interest in and to the land lying within the boundary lines of the parcel entitled "4.8578 AC." as shown on the Plat. This Deed of Boundary Settlement shall not affect the easements shown on the Plat. WITNESS the following signatures and seals. Aj~PROVED AS i0 C'~,.., ,, , - 'APPROVfD AS TO SUFFIC!ENCY A:-~'L) ~ ... LEWIS FAMILY PARTNERSHIP, a Virginia general partnership By: Name: Title: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By; Name: Title: STATE OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me by , as of the Lewis Family Partnership, a Virginia general partnership, this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me by , as of the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, this day of , 19 . My Commission Expires: Notary Public Item IV-L5. CONSENT AGENDA ITEM # 36354 Attorney Jeffery A. Breit and Suzanne Reigel presented a petition in SUPPORT of the Ordinance. Said petition is hereby made a part of the record. Upon motion by Councilman Branch, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 49th Street (The Hollies) to Jeffery A. Breit and Suzanne Reigel re construction and maintenance of a four (4)-foot high brick and wood fence (VIRGINIA BEACH BOROUGH). The following conditions shall be required: 2. The owner agrees to remove the encroachment when notified by the City of Virginia Each at no expense to the City. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert gE. Clyburn, Robert IC Dean, Louis iZ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 15, 1992 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 39 40 41 42 43 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF 49th STREET TO JEFFERY A. BREIT AND SUZANNE REIGEL, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Jeffery A. Breit and Suzanne Reigel, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of a portion of 49th Street . That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a fence and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as 49th Street , on the certain plat entitled: "PHYSICAL SURVEY OF LOTS 198 AND 199 MAP OF THE HOLLIES VIRGINIA BEACH, VIRGINIA FOR JEFFERY A. BREIT & SUZANNE REIGEL THIS DRAWING HAS BEEN REVISED BY EDWARD R. ROEHM AIA TO SHOW FENCE 9/3/92 DATE: FEB. 4, 1991 SCALE: 1" = 20' WARD M. HOLMES, LAND SURVEYOR, P.C. , a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Jeffery A. Breit and Suzanne Reigel, their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of 49th Street and that Jeffery A. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Breit and Suzanne Reigel, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Jeffery A. Breit and Suzanne Reigel, their heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Jeffery A. Breit and Suzanne Reigel execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the ]5 day of December , 19 92 ~EPROVED AS TO CONTFNT , ,--,, ' .,.,5 IGL'4AIU I~E DEPARTMENT THIS AGREEMENT, made this /¥ day of ~w¢~¢c- , 19 f L., by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, Grantor, and JEFFERY A. BREIT AND SUZANNE REIGEL, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, even though more than one, Grantee. WI TNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a 4' high brick and wood fence in a portion of 49th Street in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such fence, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as 49th Street; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such fence within a portion of the City's right-of-way known as 49th Street. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as 49th Street for the purpose of constructing and maintaining such fence. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as 49th Street as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOTS 198 & 199 MAP OF THE HOLLIES VIRGINIA BEACH, VIRGINIA FOR JEFFERY A. BREIT & SUZANNE REIGEL," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as 49th Street by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the City's right-of-way. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Jeffery A. Breit and Suzanne Reigel, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager ( SEAL ) ATTEST: City Clerk By ( SEAL ) ATTEST: (Title) ARPROVED AS TO CONTENT L,,,~., ' ~ SlON^~rURE DEPARTMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public l~w Ofhce.~ Of BREIT, DRESCHER, & BREIT Norfolk, V~rg~n~a 23510 JEF STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a Notary Public in and for the City and State aforesaid, do hereby certify that Jeffery A. Breit and Suzanne Reigel, whose names are signed to the foregoing writing, bearing date the day of // ,"~ C~tt~,~l~ , 19¢/~, have acknowledged the same before me in my City and State aforesaid. Given under my hand My Commission Expires: this I~~ day of Notar~ Public USA ~ PFANC~ JXM[$ C? Sandee 77~c Beach Genera B/rd Nec,~ Point lmlhom Point LIT] GRID L6 ! CHINQUAPIN LA 2 CHINQUAPIN TR COQUINA CHAICE COQUINA LA i PINEY ~NCH OR $ I SEAWATCH COVE I SEAWINO$ LA I MARSH CN(EIC CT l000NALD WAY I I$OtONER CT I~1 NIOHTHAWIIC PT 14 FLEMING CJR I! B ST TQF*$ CT 2O MAXIMU$ SO ,, Old Coasf Guard Stahon \ ,,, LOCATION MAP THIS IS TO CF..RTIFY THAT I. 0¢,1 2-4--gl, ~.JR~r'f~D THE pROPErTY :SHOWN HEI~ON, AND ~tAT '~tE TITLE UNF~ AHD LOT 1~7 ;t4' S 81'03'00' w LOT 199 LOT 198 O ~ i~ - 72 49th STREET (70' R/W) (FAY AV~'IUE [) PG. 107 CI'~'4C:~S M co.). VA. 8F. AO4, VA. PHYSICAL SURVEY OF LOTS 198 & 199 MAP OF THE HOLUES VIRGINIA BEACH, VIRGINIA FOR JEF~.RY A. BRFIT & SUZANN£ REIGEL PRO,,I. NO 11107~' THIS I$ TO ¢.,~TflrY '~IAT I. ~ 2-4--gl, $UR~"I'ED THE pROPI~TY SI'IO~I HEREON, AND THAT '~iE TI'T~ UNF..$ AND 15' AL.LI~' A~PHALT $ B1'~.3'OO" W 0 ~ LOT ;14' b.I 4* LOT 199 15.1' LOT 198 m 4gth STR£ET (70' R/W) (FORMERLY AVENUE E) I,'Ol~ I'"LAT SI~ t4.B. e 107 (P'fNHC2:~ CO.). W.. eEAo4, vA. PHYSICAL SURVEY OF LOTS 198 &: 199 MAP OF THE HOLLIES VIRGINIA BEACH, VIRGINIA FOR JEFFERY A. BREIT &: SUZANN£ REIGEL WARD M. HOLMES LAhlO SURVl[YOR, P C. BO4--44G.-1230 P~O,J. NO 11107SP - 26 - Item IV-L6, CONSENT AGENDA ITEM # 36355 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: LOW BID: W. R. HALL, INC. Witchduck Road (CIP 6-019) Alfriends Trail(CIP 6-973) Sewer Improvements Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 15, 1992 - 27 - Item IV-I. 7 CONSENT AGENDA ITEM # 36356 Upon motion by Vice Mayor Sessotns, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $4,018.08 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker December 15, 1992 FORM NO C A. 8 REV 3/86 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 apphcabons for hcense refunds, upon certlhcabon of the Commissioner of the Revenue are hereby approved: License Date NAME Year Pa~d Base Penalty Int. Total Able Global Services Inc. T/A Pak N' Ship 5048 Kemps Farm Place Virginia Beach, VA 23464 Coffee Butler Service Inc. 3660 Wheeler Avenue Alexanderia, VA 22304 Dubay, Sherrl I. T/A Dubay Properties 4360 Shore Drive Virginia Beach, VA 23455 1990-91 Audit 150.00 1990-92 Audit 260.68 1990-91 Audit 89.39 150.00 260.68 89.39 Th~s ordinance shall be effect,ve from date of adoption The above abatement(s) totahng $ 500.07 of the C~ty of V~rg~n~a Beach on the ] 5 day of Cemhed as to Payment ~l~obert P Vaugl~an ~ - ' Comm,ss~oner of the Revenue Approved as to form c~e~ ts/eAitL'o rLn' lei?' ~ were approved by the Councd December , 19 92 Ruth Hodges Smith C~ty Clerk FORM NO C A. 8 REV 3,86 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 apphcabons for hcense refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved bcense Date NAME Year Prod Base Penalty Int Total F C & G Inc. 1991 T/A Great Big Greenhouse & Nursery 4548 Bonne¥ Road Virginia Beach, VA 23462 Gut, Raymond J. T/A R & A Consultants 4236 Buckeye Court Virginia Beach, VA 23462 Audit 1,289.76 Haddaway, Thomas N. T/A Beach Air Specialist 4605 Hoylake Drive Virginia Beach, VA 23462 1990-91 Audit 140.19 1989-91 Audit 30.00 1,289.76 140.19 30.00 Th~s ordinance shall be effecbve from date of adopbon The above abatement(s) totahng $ 1,459.95 1.5 of the C~ty of Wrg~n~a Beach on the day of Cert~hed as to Payment c--Robert P Vaughan,~ Commissioner of the Revenue Approved as to form Le'~e"'L L,Iley'" C,ty Attorney were approved by the Councd December ,19 92 Ruth Hodges Smith C~ty Clerk FORM NO C A. 8 REV 3/86 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 apphcabons for hcense refunds, upon cert~hcabon of the Commissioner of the Revenue are hereby approved L~cense Date NAME Year Pa~d Base Penalty I nt Total Hakey, Phllllp Allan 1989-91 T/A Real Estate PublIcations/REP 5133 Andover Court Virginia Beach, VA 23464 Hall, Harrell W., Jr. 3716 Pr~nce Andrew Lane Virginia Beach, VA 23452 Audit 30.00 Hayes, Scott D. 3800 Caribou Court Virginia Beach, VA 23456 1990-91 Audit 30.00 1990-92 Audit 102.93 30.00 30.00 102.93 Th~s ordinance shall be effecbve from date of adoption The above abatement(s) totahng $ 162.93 '1_5 of the C~ty of V~rg~n~a Beach on the day of Cerbhed as to Payment ' '---~ (~bj~! sPs, oVnaeUrgohfatnl~e v e n u e Approved as to form Ldley C~ty Attorney were approved by the Council December ,19 92 Ruth Hodges Smith C~ty Clerk FORM NO C A. 8 REV 3/86 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 apphcat~ons for hcense refunds, upon cert~hcat,on of the Commissioner of the Revenue are hereby approved. bcense Date NAME Year Prod Base Penalty Int Total Hicks, John W., Jr. T/A The Professionals 4900 Corral Court #D Virginia Beach, VA 23464 1990-91 Audit 26.40 Hiemstra, Pieter, President Duff Stores Inc. 1537 Lake James Drive Virginia Beach, VA 23464 1989-92 Audit 37.41 Horwitz, Howard I. 1989 T/A Century 21 Real Estate Academy 241 Cypress Road Portsmouth, VA 23701 Audit '104.17 26.40 37.41 104.17 Th~s ordinance shall be effective from date of adop.on The above abatement(s) totahng $ 167.98 of the C~ty of V~rg~ma Beach on the ]5 day of Cert~hed as to Payment Robert P VaugC:~rh Comm~smoner of the Revenue Approved as to form City Attorney were approved by the Council December 92 Ruth Hodges Smith C~ty Clerk FORM NO CA 8REV ~ 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 apphcabons for hcense refunds, upon cert~hcabon of the Commissioner of the Revenue are hereby approved. L~cense Date NAME Year Prod Base Penalty Int Total Jay B. Rudolph Inc. T/A Thalhimers Jewelry Dept. 200 S. Hoover Street, B205 Tampa, FL 33609 Lenapaw Corporation P.O. Box 61993 Virginia Beach, VA 23462 Maru Enter Inc. T/A Juvenile Bootery #9 P.O. Box 7380 Hampton, VA 23666 Q E D Systems Inc. T/A Q E D 4646 Witchduck Road Virginia Beach, VA 23455 1991 Audit 257.10 1991 Audit 292.23 1991-92 Audit 304.68 1991-92 Audit 873.14 Th~s ordinance shall be effective from date of adopbon The above abatement(s) totahng $ 1,727.15 of the C~ty of Wrg~ma Beach on the '15 day of 257.10 292.23 304.68 873.14 Cerbhed as to Payment ,~--~o~3ert P-V~ugh~ Commissioner of the Revenue Approved as to form ~sl~e L L~ey~'~ C~ty Attorney / were approved by the Councd December . 19 92 Ruth Hodges Smith C~ty Clerk - 28 - PUBLIC HEARING ITEM # 36357 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PlatNNING (1) COLUMBUS CENTER ASSOCIATES STREET CLOSURE (2) FLOYD E. BONNEY, JR. VARIANCE AND CONDITIONAL USE PERMIT (3) THOMAS AND CYNTHIA MINSTERMAN CONDITIONAL USE PERMIT (4) ROCK CHURCH MINISTRIES CONDITIONAL USE PERMIT (5) AMOCO OIL COMPANY MODIFICATION TO GREF3I RUN LAND USE PLAN December 15, 1992 - 29 - Item IV-J. 1. PUBLIC HEARING ITEM # 36358 PLANNING Gerald Divaris, 1519 Quail Point Road, Phone: 497-2113, represented the Columbus Center Associates. Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council APPROVED subject to compliance of conditions by June 15, 1993, the petition of COLUMBUS CENTER ASSOCIATES for the discontinuance, closure and abandonment of a portion of Columbus Street. Petition of Columbus Center Associates for the discontinuance, closure and abandonment of a portion of Columbus Street beginning at the eastern boundary of Constitution Drive and running in an easterly direction a distance of 650 feet. Said street is 50 feet in width and contains 33,854 square feet. BAYSIDE BOROUGH. The following conditions shall be required: . It appears that the applicant owns the underlying fee to the right-of-way proposed for closure. The applicant shall work with the City Real Estate Agent to determine the purchase price in keeping with the Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closure. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels, as well as, to ensure that all lots have access to a public street. A 15-foot utility easement satisfactory to Public Utilities is required over the existing eight inch sanitary sewer line located within the portion of Columbus Street proposed for closure. The applicant shall submit a revised ordinance closing the right-of-way to the City Attorney's Office. The redraft shall include "save and except" clause for the utility easement referenced in condition #3. The applicant is responsible for making arrangements to accommodate any other non-municipal utilities which may be located in the right-of-way proposed for closure. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. December 15, 1992 - 30 - Item IV-J. 1. PUBLIC HEARING ITEM # 36358 (Continued) PLANNING Voting: 10-0 Council Members V'oting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 15, 1992 - 31 - Item IV-J.Z PUBLIC HEARING ITEM # 36359 PLANNING Bruce W. Gallup, 315 First Colonial Road, Phone: 428-8132, represented the applicant. Letter from Bruce W. Gallup, Gallup Surveyors & Engineers, Ltd., dated November Twenty-fourth, requesting WITHDRAWAL is hereby made a part of the record. Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City Council ALLOWED WITHDRAWAL of the application of FLOYD E. BONNEY, JR, for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance and shall meet the minimum lot width requirement of one hundred fifty (150) feet in the AG-2 Agricultural District; and, an Ordinance for a Conditional Use Permit: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Floyd E. Bonney, Jr. property is located on the west side of Princess Anne Road, 2082 feet north of Vaughan Road. PUNGO BOROUGH. ORDINANCE UPON APPLICATION OF FLOYD E. BONNEY, JR. FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING IN THE AG-2 AGRICULTURAL DISTRICT Ordinance upon application of Floyd E. Bonney, Jr. for a Conditional Use Permit for a single family dwelling in the AG-2 Agricultural District on certain property located on the west side of Princess Anne Road, 2082 feet north of Vaughan Road. Said parcel contains 1. 76 acres. PUNGO BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 15, 1992 - 32 - Item III-J.3. PUBLIC HEARING ITEM # 36360 PLANNING Cynthia & Thomas Minsterman, 3604 Kings Point Road, Phone: 463-6376, the applicants, represented themselves. Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of THOMAS E. & CYNTHL4 D. MINSTERMAN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THOMAS E. & CYNTHL4 D. MINSTERMAN FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION R012921794 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thomas E. & Cynthia D. Minsterman for a Conditional Use Permit for a home occupation (day care) on Lot 49, Block 4, Windsor Woods. Said parcel is located at 3604 Kings Point Road and contains 7,500 square feet. LYNNHAVEN BOROUGH The following conditions shall be required: 1. In addition to family members, a maximum of nine children may be cared for at this location. Hours of operation shall be limited to daytime hours, excepting that no more than two children, other than family, may be kept in the evening hours. 3. The conditional use permit is granted for a period of two years. 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 F(fteenth of December, Nineteen Hundred and Ninety-Two Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis t~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 15, 1992 - 33 - Item III-~. 4. PUBLIC HEARING ITEM # 36361 PLANNING The following spoke in SUPPORT: James R. Fox, 2256 Sandalwood Street, Phone: 481-6794. Mr. Fox presented copies of the rendering of the church and letter from Kempsville High School and Kempsville Junior High School authorizing Rock Church to utilize the parking areas at Kempsville High School. Ken Thompson, 3705 Bosun Drive, Phone: 488-3033, Architect for Rock Church Richard Hudson, 4200 Charity Neck Road, Phone: 721-3383, Elder of Rock Church The following spoke in OPPOSITION: O. W.. Richardson, 609 Manor Drive, Phone; 495-1879, represented Kempsville Colony and presented a petition in OPPOSITION. Upon motion by Councilman Clyburn, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of ROCK CHURCH MINISTRIES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROCK CHURCH MINISTRIES FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND A 50- UNIT HOME FOR THE AGED R012921795 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rock Church Ministries for a Conditional Use Permit for a church and a 50-unit home for the aged on the northeast corner of Kempsville Road and Manor Drive. Said parcel is located at 620 Kempsville Road and contains 7.546 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: . The Board of Zoning Appeals must determine if a variance to parking requirements is appropriate. The applicant shall provide information pertaining to schedules of the other institutions where parking is to be shared to ensure that no conflict occurs. Prior to having a detailed site plan done, the applicant shall meet with the Design Advisory Group for consultation to ensure architectural and aesthetical compatibility with the surrounding community. A Best Management Practice Facility for controlling stormwater runoff will be required at detailed site plan review. The developer will be responsible for construction of a right turn lane 150 feet in length, with a 150 foot transition located on Kempsville Road for vehicles turning right into this site via Manor Drive. December 15, 1992 - 34 - Item II[-J. 4. PUBLIC HEARING ITEM # 36361 (Continued) PLANNING 6. 8. The developer will be responsible for construction of a right turn lane 150 feet in length, with a 150-foot transition located on Kemspville Road for vehicles turning right into this site via the Kempsville High School access road. Right-of-way dedication will be required for the above improvements. Driveways between the two church sites must align across from one another. An automatic sprinkler and fire alarm system shall be installed in the proposed housing facility for the elderly. Van transportation service shall be provided to residents of the housing facility for the elderly. 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 Fifteenth of December, Nineteen Hundred and Ninety-Two Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert 14. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 15, 1992 Item IV-J. 5. PUBLIC HEARING ITEM # 36362 PLANNING Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the applicant and requested a modification of the plan to allow a curb cut on Princess Anne Road. A motion was made by Councilman Clyburn, seconded by Vice Mayor Sessoms to ADOPT an Ordinance upon application of AMOCO OIL COMPANY for a modification to the GREEN RUN LAND USE PLAN allowing a curb cut on Princess Anne Road with a 200-foot right turn lane extended. Upon SUBSTITUTE MOTION by Councilman Moss, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of AMOCO OIL COMPANY for a Modification to the Green Run Land Use Plan: ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY FOR A MODIFICATION TO THE GREEN RUN LAND USE PLAN TO ALLOW GASOLINE PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE Z0921371 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Amoco Oil Company for a Modification to the Green Run Land Use Plan to allow gasoline pumps in conjunction with a convenience store and a car wash on Parcels C-2A and a portion of C-2E located at the southeast corner of Princess Anne Road and S. Independence Boulevard. Said parcel contains 46,239.2 square feet. KEMPSVILLE BOULEVARD. The following conditions shall be required: 2. No access from Princess Anne Road to the subject property shall be allowed. A stormwater management plan will be required during detailed site plan review. 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 Fifteenth of December. Nineteen Hundred and Ninety-Two December 15, 1992 Item/V-J.5. PUBLIC HEARING ITEM # 36362 (Continued) PLANNING Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert lc Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss and Mayor Meyera E. Oberndorf Council Members Voting Nay: Robert W. Clyburn and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Nancy lC Parker December 15, 1992 MEYERA E. OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 December 2, 1993 Mrs. Delores Bartel 7510 Ocean Front Avenue Virginia Beach, Virginia 23451 Dear Mrs. Bat-tek Congratulations! The Virginia Beach City Counci~ at its Formal Session, December 2, 1992, appointed you to the COMMUNITY POLICY AND MANAGEMENT TEAM (CSA At-Risk Youth and Families) for a two-year term beginning January 1, 1993, and ending December 31, 1994. On behalf of the Members of City Council, please accept our gratitude for your interest in serving this Council- appointive City agency. By accepting, you have joined a vast membership of volunteers in the City of Virginia Beach. You are encouraged to become conversant with the duties and responsibilities of the. We are enclosing the current Membership List of this Committee. The City Attorney will forward you a copy of the Freedom of Information Act. By copy of this letter to the Commonwealth's Attorney, I am requesting that he send you a copy of the State Conflict of Interest Act. The City Clerk is responsible for the Council-appointive Boards and Commissions. If she can assist you in any way, you have only to make it known to her (427-4303). MEO/mlm Enclosure Very~ ~,sincerely, Meyera E Oberndorf Mayor CC: Commonwealth's Attorney City Attorney Mr. Daniel M. Stone, Director, Social Services Mr. Norris Phillips, Administrator, Pendleton Child Service Center City o f Vir g i n ia e a c h MEYERA E. OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 December 16, 1992 Mrs. Mary Ellen BaMwin President Beach tlealth Clinic 302 22nd Street Virginia Beach, Virginia 23451 Dear Mrs. BaMwin: Con gratulations.t The Virginia Beach City Council, at its Formal Session, December 15, 1992, appointed you to the COMMUNITY POLICY AND MANAGEMENT TEAM (CSA At-Risk Youth and Families) for a two-year term beginning January 1, 1993, and ending December 31, 1994. On behalf of the Members of City Council, please accept our gratitude for your interest in serving this Council- appointive City agency. By accepting, you have joined a vast membership of volunteers in the City of Virginia Beach. You are encouraged to become conversant with the duties' and responsibilities of the . We are enclosing the current Membership List of this Committee. The City Attorney will forward you a copy of the Freedom of Information Act. By copy of this letter to the Commonwealth's Attorney, I am requesting that he se~td you a copy of the State Conflict of Interest Act. The City Clerk is responsible for the Council-appointive Boards and Commissions. If she can assist you in any way, you have only to make it known to her (427-4303). MEO/mlm Enclosure Very sincerely, Meyera E Oberndorf Mayor CC; Commonwealth's Attorney City Attorney Mr. Daniel M. Stone, Director, Social Services Mr. Norris Phillips, Administrator, Pendleton Child Service Center - 37 - Item IV-ICl. APPOINTMENT ITEM # 36363 ADD -ON Upon NOMINATION by Vice Mayor Sessorns, City Council APPOINTED: COMMUNITY POLICY AND MANAGEMENT TEAM Bernadette Colander Beach Health Clinic Mary Ellen Baldwin 2-year term January I, 1993 thru December 31, 1994 Voting: I0-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James IrK. Brazier, Jr., Robert W. Clyburn, Robert I¢ Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy lC. Parker December 15, 1992 - 38 - Item IV-M. 1. NEW BUSINESS ITEM # 36364 ADD-ON Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council AGREED TO CONSIDER: SCHEDULING RECONSIDERATION of VARIANCE OF JOHN H. TRANT AT LIITLE LAKE COURT (MOTION LOST TO A NEGATIVE VOTE 11/24/92) Voting: 7-3 Council Members Voting Aye: Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert ~ Dean, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: John A. Baurn, Louis iZ Jones and John D. Moss Council Members Absent: Nancy K Parker December 15, 1992 - 39 - Item [V-M. 2. NEW BUSINESS ITEM # 36365 ADD -ON Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council SCHEDULED: RECONSIDERATION of SUBDMSION VARIANCE OF JOHN H. TRANT AT LITTLE IMKE COURT TO HAVE DIRECT ACCESS TO A PUBLIC STREET. City Council Session January 26, 1993 6:00 P. M. Voting: 6-4 Council Members l/'oting Aye: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John A. Baurn, Louis R. Jones, John D. Moss and Mayor Meyera E. Oberndorf Council Members Absent: Nancy K. Parker December 15, 1992 Item IV-N. 1. ADJOURNMENT ITEM # 36366 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 7:55 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 15, 1992