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FEBRUARY 28, 1995 MINUTESCity of Virginia ~3~ach "WORLD'S LARGEST RESORT CITY" C[TY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BAUM, Bfackwater Borough LFNWOOD O. BRANCH, ll(, Virginia Beach Borough KOBERT K. DEAN, Princess Anne Borough W. W. HARRISON, JR., Lynnhaven Borough BARBARA M. HENLEY, Pungo Borough 1.OU15 R. JONES, &ryside Borough JOFIN ll. MOSS, At-Large NANCY K. PARKER, At-Large LOUISA M. STRAYFiORN, Kempsville Borough JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC/AAE, City Clerk CITY COUNCIL AGENDA FEBRUARY 28, 1995 I. CITY MANAGER'S PRESENTATION - Council Chamber - A. VOLUNTEER COUNCIL Annual Report Mrs. Mary Russo, Coordinator II. CITY MANAGER'S BRIEFING - Council Chamber A. REAL ESTATE ASSESSMENTS - FY 1995/1996 Mr. J. D. Banagan, City Assessor III. INFORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. CITY COUNCIL CONCERNS D. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Ted James First Baptist Church of Virginia Beach 4:00 PM 5:00 PM 6:00 PM C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 (804) 4274303 ELECTRONIC ROLL CALL OF CITY COUNCIL E. F. G. CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS - February 14, 1995 CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance re Harbour Point Road Extended (CIP #2-218) (LYNNHAVEN BOROUGH): a. APPROPRIATE $77,000 reimbursement from Virginia Department of Transportation (VDOT); and, increase revenues accordingly. b. TRANSFER $462,000 from the Rudee Inlet Bridge (CIP #2-903 to Harbour Point Road Extended (CIP #2-218) re additional construction and acquisition costs. 2. Ordinances re Department of Mental Health/Mental Retardation FY 1994-1995 Operating Budget: a. APPROPRIATE $335,000 from the Fund Balance of the MH/MR/SA Special Revenue Fund to the FY 1994-1995 Operating Budget to fund enhancements to the Department's Management Information System (MIS). b. ACCEPT and APPROPRIATE $126,294 in federal revenue, $24,415 in state revenue, $66,426 in fee revenue and $61,463 in other revenue re additional funding; and, estimated revenues be increased accordingly to offset these appropriations. c. TRANSFER $119,000 within the FY 1994-1995 Mental Health/Mental Retardation Operating Budget re purchase of six replacement motor vehicles. d. CREATE two (2) new full-time permanent positions to provide additional Substance Abuse services. e. Authorize City Manager to execute any grant agreements associated with the acceptance and appropriation of these funds. 3. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Beach Taxi Diamond Taxi/Yellow Cab of Virginia Beach 4. Ordinance to authorize Tax Refunds in the amount of $3,977.33. H. PUBLIC HEARING 1. PLANNING a. RECONSIDERATION OF CONDITIONS (NUMBERED ONE AND TWO) in the August 19, 1985, approved Application (RHW, INC., T/A BOB WEAVER' S AUTO SALES ) for a Conditional Use Permit for auto repairs and service for FERMA TERRA, INC. (FRANK BOYNTON, PRESIDENT) at 3427 Holland Road (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL b. RECONSIDERATION TO DELETE CONDITION NUMBER THREE in the March 22, 1994, approved Application of BIG BERTHA INVESTMENTS, A VIRGINIA PARTNERSHIP for a Conditional Use Permit for an outdoor recreation facility (rental of water recreational vehicles) at 3319 Shore Drive (LYNNHAVEN BOROUGH). Recommendation: APPROVAL c. RECONSIDERATION TO MODIFY CONDITION NUMBER FOUR in the February 11, 1992, approved Application of SOL W. COHEN for a Street Closure of a portion of Croatan Road at the Northeast corner of Croatan Road and General Booth Boulevard (LYNNHAVEN BOROUGH). Recommendation: DENIAL d. Applications of THELMA BRITT HARRIS re property located on the North side of Indian River Road beginning at a point 4010 feet more or less West of West Neck Road, containing 18 acres more or less (PRINCESS ANNE BOROUGH): (1) Conditional Change of Zoning District Classification from R-40 Residential District to AG-1 Agricultural District (2) RECONSIDERATION OF PROFFERS in the July 14, 1992, approved Conditional Change of Zoning to R-40 Residential District (Amends the proffered development plan and incorporates eleven (11) residential lots into the adjacent development) (3) Variance to Section 4.4(b) of the Subdivision Ordinance re lot width requirements. Recommendation: APPROVAL e. Application of BAYLAKE PINES PRIVATE SCHOOL for a Conditional Use Permit for a private school (addition) on the North side of Shore Drive, 180 feet East of Vantage Point Road (4444 Shore Drive), containing 4.978 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL f. Application of DAE IK CHONG for a Conditional Use Permit for truck rentals at the Southeast corner of Virginia Beach Boulevard and North Birdneck Road (1085 Virginia Beach Boulevard), containing 1.0474 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL g. Application of CHERYL J. KINNEY for a Conditional Use P rmi for a home occupation (baton twirling classes) at the Southwest corner of Lavender Lane and Carnation Avenue (553 Lavender Lane), containing 8,834.54 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL I. APPOINTMENTS PERSONNEL BOARD SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD YOUTH SERVICES COORDINATING COUNCIL J. UNFINISHED BUSINESS K. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Ordinance to Division 2.5 Virginia, by to establish Mayor Meyera Strayhorn) AMEND and REORDAIN Chapter 2, Article VI, of the Code of the City of Virginia Beach, ADDING Sections 2-224.8, 224.9, and 224.10 a Minority Business Council. (Sponsored by E. Oberndorf and Councilwoman Louisa M. b. Ordinance to AMEND and REORDAIN Chapter 2, Article VI, Division 2.5 of the Code of the City of Virginia Beach, Virginia, by DELETING Section 2-220.1 and ADDING Subdivision 4, Sections 2-224.1, 2-224.2, 2-224.3, 2- 224.4, 2-224.5, 2-224.6, 2-224.7 and 2-224.8 re Procurement. (Sponsored by Mayor Meyera E. Oberndorf and Councilwoman Louisa M. Strayhorn) L. ADJOURNMENT suncgr/c_i_r_ IIaviav sc~uis BUDGET/C.I.P. Thursday March 30* 12 Noon Council Chamber PRESENTATION WORKSHOP Tuesday April 04 10 AM - Noon Council Conference Room WORKSHOP Tuesday April 11 10 AM - Noon Council Conference Room WORKSHOP Tuesday April 18 4 PM - 6 PM Council Conference Room PUBLIC HEARING Thursday April 20 7 PM Larkspur Middle School WORKSHOP Tuesday April 25 2 PM - 4 PM Council Conference Room PUBLIC HEARING Tuesday May 02 2 PM Council Chamber FINAL WORKSHOP Thursday May 04 9 AM -11 AM Council Conference Room BUDGET/C.I.P. Tuesday May 09 2 PM Council Chamber ADOPTION * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * * * 02/24/95bap AGENDA\02-28-95.PLN MINUTE S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 28, 1995 Mayor Meyera E. Oberndorf called to order the PRESENTATION -VOLUNTEER COUNCIL REPORT to the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 28, 1995, at 4:00 P.M. Council Members Present: John A. Baum, Robert K Dean, Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Yzce Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Absent: Linwood O. Branch, III [ENTERED: 4:08 P.M.J William W. Harrison, Jr. [ENTERED: 4:13 P.M.J -2- VOLUNTEER COUNCIL ANNUAL REPORT 4: DO P.M. ITEM # 38842 Mrs. Mary Russo, Coordinator -Volunteer Council advised since 1978, the City Council has made it possible for citizens of Yrginia Beach to participate in the delivery of services by City Government. Their leadership has been a continued commitment to volunteerism and is greatly appreciated. The Volunteer Program in Virginia Beach is based on partnership between citizens and City staff who work together for the good of the community. This partnership is also evident in the Volunteer Council structure. Mrs. Russo introduced her Co-Chair, Diane Roche, and her staff assistants: Doris Hindlin and Rosemarie Morehead. Mrs. Russo recognized Ruth Hodges Smith -City Clerl~ as being a vital part of the Volunteer program for many years. Mrs. Russo requested all members of the Volunteer Council in attendance to stand. In 1994 approximately 7,000 volunteers contributed over I-MILLION hours of service valued at more than $l3-MILLION. These figures do not include the volunteers on Boards and Commissions and the School System. With the utilization of overheads, Mrs. Russo depicted: Annual Report -Two Year Comparison in all Categories with increases Annual Statistics for 1994 Ten Year Summary Providing the same level of municipal service, but without volunteers, would require the City hire an additional 621 full time employees. TEN YEAR SUMMARY Yl+;tl.i't YliLtJl`/?~:i'S:~' ~IUJ1iS' la"l~''~'" Yf1I.J~' (~,) 1985 2,095 425,365 205 $ 3,223,501 1986 2,841 515,569 248 $ 3,818,434 1987 3,151 542,757 261 $ 4,420,009 1988 3,396 663,144 319 $ 5,893,397 1989 3,516 723,082 348 $ 7,478,465 1990 3,833 772,532 37l $ 8,263,903 1991 4,933 835,352 402 $ 9,201,753 1992 5,000 1,001,213 481 $10,923,339 1993 5,500 1,066,028 513 $11,335,348 1994 6,791 1,291,024 621 $13,064,851 Mayor Oberndorf expressed appreciation to Mrs. Russo and the Volunteer Council. Mayor Oberndorf distributed forty-five packets on Volunteerism, Quality and Productivity in the City during her presentation at the U.S. Conference of Mayors. The Mayor is still receiving "thank-you" letters from the different cities who are going to implement the very programs begun in our City. The Volunteer programs are definitely at the highest priority, receiving rave reviews throughout the Country. February 28, 1995 -3- BRIEFING REAL ESTATE ASSESSMENTS - FY 1995/1996 4:14 P.M. ITEM # 38843 Mr. J. D. Banagan, City Assessor, advised the Assessor's Office, this morning mailed approximately 81,000 Notices of Assessment for the Fiscal year 1996. The projected 1996 assessment of $17,434,000,00 represents a 2.8% increase over the current assessment. Each penny of the tax rate relates to $1,734,000 in revenue for a total of $198,749,000 at the current rate of $1.14. Mr. Banagan displayed charts depicting FY 1995 Assessments as of January 1995, according to Borough. The vast majority of the property in Pungo and Blackwater are under the Land Use Assessment Program. The 3.1% overall increase is a comparison of January 1995 to January 1996. PERCENT OF CHANGE IN ASSESSMENTS Over All Mean Change Over All Median Change 2.06% 0% Residential 1.72% Apartment 3.35% Commerical/ 3.30% Industrial Residential 0.1 % Apartment 4.52% Commercial/ 0 % Industrial Approximately 12% of Parcels Decreased Approximately 51 % of Parcels had 0% Increase or Decreased Approximately 64% of Parcels had an Increase of less than 2% Approximately 73% of Parcels had an increase of less than 3% Approximately 82% of Parcels had an increase of less than 4% Approximately 88% of Parcels had an increase of less than 5% Approximately 92% of Parcels had an increase of less than 6% Approximately 94% of Parcels had an increase of less than 7% Approximately 97% of Parcels had an increase of less than 8% The demographics of housing changed very little from the previous year. The percent each housing type comprises of the 118,530 total did not change at all. 71.8% of the housing is single family. The mean assessment for single family increased from $118,300 to $121,400, with the median assessment increasing from $94,000 to $96,900. All the other categories referenced increasing from year to year reflected only slight increases. 25% of properties are valued between $50,000 and $75,000. 30.3% are valued between $75,000 and $100,000 with 24.5% being valued between $100,000 and $150,000. 6% are assessed less than $50,000. 4% (4700 houses) are greater than $250,000. 732 houses are valued over $500,000. Mr. Banagan displayed a chart depicting Residences By Year Built and the Mean Assessment. From 1990 to 1994, the Mean Assessment increased from $132,800 to $138,900. 47-I/2% of residential properties have been built since 1980. Residential, apartment, and agriculture properties comprise 81.4% of the tax base with commercial and industrial properties constituting 18.6% of the tax base. The percentage of the tax base for commerical/industrial properties declined 0.3% from the current year. New construction for the past 12 months amounted to $234,000,000, which is an increase of 8.5% from the previous year. Residential new construction was actually up by 9.7%, but commercial/industrial new construction was down by 0.4%. Residential new construction amounted to 88.5% of the total year construction, which commercial/industrial represented 11.5%. Growth in land due to rezonings and subdivision amounted to approximately $28,983,000. Total growth in land and buildings amounts to approximately 1.5% of the tax base. February 28, 1995 -4- BRIEFING REAL ESTATE ASSESSMENTS - FY 1995/I996 ITEM # 38843 (Continued) Mr. Banagan displayed a Chart depicting growth and appreciation/depreciation. This year there was a 1.4% increase in growth and 1.4% increase in Appreciation for a total of 2.8%. The three years prior to that there was very little Appreciation. In 1992 and 1993, there was a decline or depreciation of proeprty. LAND USE TAXATION FISCAL YEAR 1995 Number of Parcels Under Program 1,167 Number of Acres Under Program 47,229 Number of Acres of Land in the City 165,568 Percentage of City's Acreage Under Land Use 29% The Proposed Land Use Values received from the State for 1996 are $600 an acre for agriculture. Last Year, the City did not use the State recommendation, and locally determined from rents a rate of $590. On Forest Land, the State is recommending $375. Last year the City added the risk component, which had been deleted by the State many years ago. The final chart depicted the Real Estate Tax Exemption/Deferral/Freeze for Senior Citizens and Disabled Persons. In the current year 1,645 families were assisted, exempting taxes of $1,239,185. Breakdown of Percentage Exemption Percentage of Exemption 100% 80% 60% 40% 20% Number of Applicants 962 l82 182 212 104 February 28, 1995 -5- ITEM # 38844 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 28, 1995, at 4:31 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None February 28, 1995 -6- ITEM # 38845 Vice Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wzt: Appointments: Boards and Commissions: Personnel Board Southeastern Hampton Roads Disability Services Board Youth Services Coordinating Council 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 6y such institution pursuant to Section 2.1- 344(A)(3). To-Wit: Acquisition/Disposition of Property -Princess Anne Borough Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf February 28, 1995 - 7- FORMAL SESION VIRGINIA BEACH CITY COUNCIL February 28, 1995 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, February 28, 1995, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: Dr. T. E Thieman Chaplain PLEDGE OF ALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Ban1~ disclosed there were no matters on the agenda in which he has a 'personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Banff The Ytce Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. February 28, 1995 -8- Item IV-E.1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 38846 Upon motion by Yzce 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 6y Yrginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 ~P~ ftAtt CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 38845, Page No. 6, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges mith, CMC/AAE City Clerk February 28, 1995 -9- Item IV-F.1. MINUTES ITEM # 38847 Upon motion by Vice Mayor Sessoms, seconded 6y Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 14, 1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Nancy K Parker Council Members Absent: None Council Lady Parker ABSTAINED as she was not in attendance during the City Council Session of February 14, 1995. February 28, 1995 -10- Item IV-F.2. ANNOUNCEMENT ITEM # 38848 ADD-ON Mayor Oberndorf referenced telephone conversation with Congressman Owen Pickett, followed by a call from Senator Robb, and then Secretary Dalton with the wonderful news OCEANA was not included on the BRAC closing list. Oceana has been designated to receive and house the F-14's and F/A-18's from Cecil Field. Over a period of years, this will amount to approximately 5,200 Naval personnel, 150 civilian personnel and possibly 6,000 families. The economic impact will amount to approximately $150- MILLION ayear to the City and the region. There has been a team effort since August 1993. Congressman Pickett, along with the entire Congressional Delegation regardless of party, has joined together to make this accomplishment a reality. The City Manager and his staff, the Civic, Chamber Leaders, retired military have also rendered valuable assistance in preparing for BRAC. February 28, 1995 - I1 - Item IV-F.3. RECOGNITION ITEM # 38849 ADD-ON Mayor Oberndorf recognized the following Boy Scouts in attendance to earn their merit badges: BOY SCOUT TROOP NO. 481 KINGS GRANT BAPTIST CHURCH Scoutmaster Art Shaw BOY SCOUT TROOP NO. 490 ST. GREGORY'S CATHOLIC CHURCH Scout Leader -Ralph Conley BOY SCOUT TROOP NO. 985 Scout Leader -Jeff Boyd February 28, 1995 -12- Item IV-F.4. PUBLIC HEARING ITEM # 38850 ADD-ON Mayor Oberndorf DECLARED a PUBLIC HEARING: AGRICULTURAL RESERVE PROGRAM The following registered in SUPPORT of the Agricultural Reserve Program: Jan Eliassen, 1472 Mill Landing Road, Phone: 426-7102 Fred Adams, 1548 Edgewater Drive, Phone: 467-2275 -Chair of the local Sierra Club Eleanor Marshall, 8208 Oceanfront, Phone: 428-6384, represented the Virginia Beach Chapter of the National Audubon Society. Bob Danner, 2601 West Landing Road, Phone: 426-7390 There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. February 28, 1995 -13- Item IV-G. CONSENT AGENDA ITEM # 38851 Upon motion 6y Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in ONE MOTION, Items 1, 3 and 4 of the CONSENT AGENDA. Item 2 was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 -14- Item IV-G.l.a/b. CONSENT AGENDA ITEM # 38852 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance re Harbour Point Road Extended (CIP #2-218) (LYNNHAVEN BOROUGH): a. APPROPRIATE $77,000 reimbursement from Yrginia Department of Transportation (VDOT); anti, increase revenues accordingly. b. TRANSFER $462,000 from the Rudee Inlet Bridge (CIP #2- 903 to Harbour Point Road Extended (CIP #2-218) re additional construction and acquisition costs. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 1 2, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO APPROPRIATE $77,000 FROM VIRGINIA DEPARTMENT OF TRANSPORTATION AND TRANSFER $462,000 FROM THE RUDEE INLET BRIDGE PROJECT # 2-903 TO THE HARBOUR POINT ROAD EXTENDED PROJECT #2-218 FOR ADDITIONAL CONSTRUCTION AND ACQUISITION COSTS WHEREAS, the Harbour Point Road Extended Project #2-218 is currently budgeted at $2,321,000, with construction scheduled for completion prior to the arrival of the tourist season; WHEREAS, construction bid results, real estate acquisition costs, and construction completion requirements have resulted in a revised cost estimate for Harbour Point Road Extended Project #2-218 of $2,860,000, an increase of $539,000; WHEREAS, $77,000 of the increased costs will be reimbursed by the Virginia Department of Transportation; WHEREAS, the remaining $462,000 is available for transfer from the Rudee Inlet Bridge Project #2-903. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $77,000 be appropriated from the Virginia Department of Transportation to the Harbour Point Road Extended Project #2-218, with a corresponding increase in revenues; BE IT FURTHER ORDAINED that funds in the amount of $462,000 be transferred from the Rudee Inlet Bridge Project #2-903 to the Harbour Point Road Project #2-218 for additional construction and acquisition costs. 22 Adopted the 28 day of February , 1995, by the Council of the City of Virginia Beach, 23 24 Virginia. This ordinance shall be in effect from the date of its adoption. APPROVED AS TO CONTENT Walter C. Krae r. Department of Management and Budget F b.. ~' ~ .F 'aka ~ ,,.. swj\council\hazbrude.ord -15- Item IV-G.2.a/b/c/d/e. CONSENT AGENDA ITEM # 38853 Dr. Dennis I. Wool, Executive Director -Community Services Board and Jim Duffy, lead staff person in MIS acquisition, responded to City Council inquiries Upon motion by Vice Mayor Sessoms, seconded 6y Councilman Branch, City Council ADOPTED: Ordinances re Department of Mental Health/Mental Retardation FY 1994-1995 Operating Budget: a. APPROPRIATE $335,000 from the Fund Balance of the MH/MR/SA Special Revenue Fund to the FY 1994-1995 Operating Budget to fund enhancements to the Department's Management Information System (MIS). b. ACCEPT and APPROPRIATE $126,294 in federal revenue, $24,415 in state revenue, $66,426 in fee revenue and $61,463 in other revenue re additional funding; anc~ estimated revenues be increased accordingly to offset these appropriations. c. TRANSFER $119,000 within the FY 1994-1995 Mental Health/Mental Retardation Operating Budget re purchase of six replacement motor vehicles. d. CREATE two (2) new full-time permanent positions to provide additional Substance Abuse services. e. Authorize City Manager to execute any grant agreements associated with the acceptance and appropriation of these funds. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: John D. Moss Council Members Absent: None February 28, 1995 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $126,294 IN FEDERAL REVENUE, $24,415 IN STATE 3 REVENUE, $66,426 IN FEE REVENUE, AND $61,463 4 IN OTHER REVENUE FOR A TOTAL AMOUNT OF 5 $278,598 IN ADDITIONAL FUNDING TO THE FY 1994- 6 95 OPERATING BUDGET OF THE DEPARTMENT OF 7 MENTAL HEALTH AND MENTAL RETARDATION; TO 8 TRANSFER $119,000 WITHIN THE FY 1994-95 MH/MR 9 OPERATING BUDGET; AND TO CREATE 2.0 FULL-TIME 10 PERMANENT POSITIONS 11 WHEREAS, the Community Services Board and the Department 12 of Mental Health and Mental Retardation (the "Department") are 13 responsible for the coordination and implementation of mental 14 health, mental retardation, and substance abuse services; 15 WHEREAS, the Department has received an additional 16 $33,558 in federal allocations for early intervention services for 17 handicapped infants and their families; 18 WHEREAS, the Department has received an additional 19 $33,600 in federal SAPT block grant funding and $5,000 in private 20 funding for substance abuse prevention services; 21 WHEREAS, the Department has received an additional 22 $37,218 in federal SAPT block grant funding and an additional 23 $3,318 in grant funding for HIV early intervention and substance 24 abuse services; 25 WHEREAS, the De partment has received $3,901 in additional 26 state allocations for substance abuse residential follow-up 27 services; 28 WHEREAS, the Department has received $12,000 in state 29 grant funding for the Protect Our Kids in Traffic program to reduce 30 the incidence of head injuries; 31 WHEREAS, the Department has estimated an increase of 32 $36,626 in additional fee revenue for substance abuse outpatient 33 services provided through a contract with the United States 34 Probation Office; 35 WHEREAS, the Department has estimated an increase of 36 $53,145 in additional fee revenue for mental health day treatment 37 services provided through the Comprehensive Services Act; 38 WHEREAS, the Department has received $6,000 in federal 39 grant funding for the Child Care Development grant; 40 WHEREAS, the Department has been awarded $15,918 in 41 additional federal grant funding to provide new respite services 42 for military families; 43 WHEREAS, the Department has estimated an increase of 44 $29,800 in fee revenue for substance abuse services; 45 WHEREAS, the Department has received $8,514 in additional 46 state allocations for Part-H carry-over funding; 47 WHEREAS, the Department is in need of six replacement 48 motor vehicles and has sufficient funds within existing FY 1994-95 49 Operating Budget appropriations to purchase the vehicles; 50 WHEREAS, the additional substance abuse services for 51 which appropriations are requested in this ordinance will require 52 an additional 2.0 full-time permanent positions; and 53 WHEREAS, the requested appropriations have no required 54 local match funding. 55 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 1. That $126,294 in federal revenue, $24,415 in state 58 revenue, $66,426 in fee revenue, and $61,463 in other revenue are 59 hereby accepted for the purposes set forth in Exhibit A (which is 60 attached hereto and incorporated by reference), and appropriated to 61 the FY 1994-95 Operating Budget of the Department of Mental Health 62 and Mental Retardation; 63 2. That the City Manager is hereby authorized to 64 transfer previously appropriated funds in the amount of $119,000 65 from within the FY 1994-95 Operating Budget of the Department for 66 the purpose of funding the purchase of six replacement motor 67 vehicles; 68 3. That the Department is hereby authorized to create 69 two (2) new full-time permanent positions for the purpose of 70 providing additional substance abuse services; 71 4. That estimated revenue from the federal government, 72 state government, fees and other sources be increased by $126,294, 2 73 $24,415, $66,426, and $61,463, respectively, to offset these 74 additional appropriations; and 75 5. That the City Manager is hereby authorized to 76 execute any grant agreements associated with the acceptance and 77 appropriation of these funds. 78 Adopted by the Council of the City of Virginia Beach, 79 Virginia, on the 28 day of February ~ 1995. 80 CA-5853 81 ORDIN\NONCODE\REVENUE.ORD 82 R-1 83 PREPARED: February 22, 1995 84 APPROVED AS TO CONTENT , Management and Budget APPROVED AS TO LEGAL SUFFICIENCY ISepartment of Law 3 1 AN ORDINANCE TO APPROPRIATE $335,000 FROM THE FUND BALANCE 2 OF THE MENTAL HEALTH -MENTAL RETARDATION -SUBSTANCE ABUSE 3 (1VIIi-MR-SA) SPECIAL REVENUE FUND TO THE FY 1994-95 MH-MR-SA 4 OPERATING BUDGET TO FUND ENHANCEMENTS TO THE DEPARTMENT' S 5 MANAGEMENT INFORMATION SYSTEM (MIS) 6 WHEREAS, the Community Services Board and the Department of Mental Health, 7 Mental Retardation, and Substance Abuse are responsible for the coordination and 8 implementation of mental health, mental retardation, and substance abuse services; 9 WHEREAS, the department currently uses an automated management information 10 system (MIS) called Creative Socio-Medics (CSM) which is unable to reach its highest level of 11 performance while using the city's mainframe computer as its platform for operation; 12 WHEREAS, the city is converting all other operating systems to a new mainframe 13 system; 14 WHEREAS, the city will no longer be able to receive service for the CSM 15 management information system if it continues to use a mainframe as its platform for 16 operation; 17 WHEREAS, the department, in conjunction with the city's Department of Information 18 Technology, has identified an alternative platform for the CSM management information 19 system which would enhance its response time, remove it from the mainframe system, and 20 receive service. 21 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, that funds in the amount of $335,000 be appropriated from 23 the fund balance of the MH-MR-SA Special Revenue Fund to the FY 1994-95 MH-MR-SA 24 Operating Budget to fund enhancements to the department's management information system. 25 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 26 Twenty-eighth ,may of February ,1995, 27 This ordinance shall be effective from the date of its adoption. APPROVED AS TO CONTENT ~l 2 Walter C. Krae r, Jr. Department of Management and Budget -16- Item IV-G.3. CONSENT AGENDA ITEM # 38854 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Beach Taxi Diamond Taxi/Yellow Cab of Yrginia Beach Young: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Ytce Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 VIRGINIA BED :CH 1)cFaruncnt cif ('~~nventi~,n and Visiu~r uc~~t<<~~,~Y,~~tt Shccial 1;~•cnis and Film OCiirr 1000 19th Street Virginia Beach, VA 23451 (804) 437-4800 FAX (804) 437-4737 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR OPERATION OF A PUBLIC VEHICLE This certificate is subject to compliance with all provisions of Chapter 36 of the Code of the City of Virginia Beach and any other relative ordinances that may be adopted by City Council and other regulations promulgated by the City Manager and/or the Chief of Police. PERMITTEE: COMPANY NAME: BUSINESS ADDRESS: Ruby Dozier Beach Taxi, Inc_ 184 S. Plaza Trail FORM OF BUSINESS: Corporation NUMBER OF TAXICABS AUTHORIZED BY CITY COUNCIL: 22 J '/ / ` Paulette Braithwaite Permits & Film Coordinator Convention & Visitor Development Ruth Hodges Smith, CMC City Clerk THIS CERTIFICATE AND THE BUSINESS LICENSE SHALL BE DISPLAYED IN THE BUSINESS OFFICE OF THE TAXICAB/FOR-HIRE COMPANX AT ALL TIMES amity off' V~.~,gir-~i~ ~3~aci~ TNTER-CFEICE COR2ESF~i~IDENCF DATE: Auguet 22.1994 TOs Captain A. M. Jacgbe, JX. DEPARTMP:NT: ~4lice/Special Operations FROMs Ftavmond E. Messing, City Sealer _ DEP~IRTMENT: ~~blic Works/P 6 I SUBJECT: Certificat@ of Public Cor.venien~e and Necessity ~Or Beach Taxi Inc. (Permit ~CP00008) . Our Weights and Measurers Bureau conducted an inspection of Beach Taxi's vehicleE. on July 6, 1994. This permit iequaated authorization for 25 taxi cabs, however, onl}• 22 wera presented to this bureau for eertificaation. Listed below are the taxi cabs which have been in9pected an~~ certified to be correct by this Bureau. Each of these taxi cab's meters are properl}' mounted o~i the dashboard and have been sealed in this position wi*_h 1994 !sad wire seals a:~d 1994 approval seals. Compdnv Cab ~;tense ~` V.T.N. # Mater # .ake Model leach Taxi 3 H40249 2GTAL6963D1234598 33014 Che•~y 1983 Beach Taxi 4 H40242 1GIBL5162HX203225 32183 Chevy 1987 Beach Taxi 5 H48268 1GIBL516XJAI38813 32182 Chevy 1988 Beach Taxi 6 H48272 2GIAL6966D1243420 32295 Ct~evY 1983 Beach Taxi 7 H40243 1GIBL5163HX2032d1 33011 Chevy 1967 Baac}~ Taxi 8 H40231 2G1AI,6968D1243483 33053 Chevy 1983 Beach Taxi 9 H40229 2GIBL6965FX183621 33016 Chevy 1985 Beach Taxi 10 H40244 2GIA16962D1243558 32702 Chevy 1983 Beach Taxi 11 H48267 1GIBL516X3A139024 32537 Chevy 1938 Beach Taxi 12 H48254 1GIB151613A139171 74995 Chev}~ 1983 Beach Taxi 22 H40230 2G1AL6963o12")2390 32294 Chevy 1983 Beach Taxi 23 H40238 1G1BL5162HX197927 75052 Chevy 1987 Beach Taxi 24 H40208 1GIBL6960FY183610 33021 Chev}• 1985 Beach Taxi 25 H48264 1G1BL51685A17918 75091 Chevy 1988 $each Taxi 26 H482%0 1G1BL6968FX183600 33018 Chevy 1985 Beach Taxi 27 H48255 1G1i3L5163HX103346 32500 Chevy 1987 Beach Taxi 33 H48252 1G1bL5161H9152160 33080 Chevy 1987 Beach Taxi 36 H40246 1G1BLb966FY183210 32246 Chevy 1985 Beach Taxi 37 H48253 1G1BL5162JA139504 33017 Chevy 1968 Beach Taxi 38 H40221 1G1BL6964FX183111 33013 Chevy 1985 Beach Taxi 39 H48261 1G1B16969FY183475 33019 Chevy 1985 Beach Taxi 40 H48263 1G1BL5166HX197679 33012 Chevy 1987 CERTIFICATE OF PUBLIC CONVENIENCE-' ~_~!~_~~ ~~`,~ ~' ~~,if AND NECESSITY APPLICATION --=-~------~~-~- ~i ; FOR REVIEW ' ~ ~~ ti~AY d 'S9~1 ' i :, ~ L~ !~ i ______.~ TO: Captain Jacocks, Police/Special Operations via: Pats Police Services _`~y,~i '°c~~ FROM: Paulette Braithwaite, Permi Convention and Visitor Deg ~~~,1~~~ DATE: May 16, 1994 SUBJECT: PERMIT #CPC0008 BEACH TAXI INC. ~pment/Special_ Events Office i~.'~~ ~ ;;1~; i l i ~~~ , ,f ~ l ,~ 1`. The attached application for a Certificate of Public Convenience and Necessity Permit is forwarded for your review and comment. Please return this form to the Convention and Visitor Development Office May 30. 1994. Please provide comments that will furnish the City Manager with sufficient data that will enable a proper judgement in the decision in this matter in accordance with City ordinance, State Code, and/or administrative policy governing such matters. Inasmuch as this office is charged with the responsibility of issuing the permit, the approval of the application is predicated upon your review/investigation and comments pertaining to the proposed activity. Please feel free to notify the applicant to verify and/or clarify any details furnished. Please include in your comments any services that may be provided by your department/division; that is, security, traffic control, traffic devices, etc. or provisions that the applicant may need to provide. CAPTAIN JACOCKS - PLEASE ROUTE THIS APPLICATION TO CONSUMER PROTECTION WHEN YOUR REVIEW IS COMPLETED. Enclosures APPROVAL RECD ~ ~NDED~ YES NO DATE: ~/~'~/ ~~ ~. - - ._.. SIGNATURE: ~ - ~ -- COMMENTS: ,~ -i ~~-~-, ~; ,:~~. ~zl.~r,;`..~ ._.~ ~ ,-_. _ ..._ .~~~;. .~ .,,~.. _ . ~~Y~-2_ C~v l.~-t/~ ~x , C -L ~ ~~ r~ -1..C1,:. ~ ~C~~~ n ~(>(-(~-1.-t_x-~-' --11 ^v. . ~,~„Jff' ~c . ,~~~ ^/ (~ ALL: ~ ~~ -----TL C`."~: _ Ceptain R. M. JAGOba, JX. July 22, x99a Page 2 Mre. Ruby H. Do2ier has been instructed, should any of these seals be broken for any reason, that this office be notified immediately ;fcr reir.spection of that unit. They have also been instructed that both our departments ar tc be no* if~ell prior to placing any additional taxi cabs in service. / ~ ~a rld`"E. Messing Ci Sealer REM;vyw / cc: Robert R. Lolier, Administrator .../' Paulette L. Braithwaite, Permits Coordinator vJ_:J17.Ult llf~VL•'LUPMEN'i' SPECIAL EVENTS & FILM OFFICE PAVILION 1000 19TH STREET __VA BEACH VA 23451 __ _._ _ ' APPLICATION CERTIFICATE OF PUBLIC CONVENIENCE AND N FOR OPERATION OF A PUBLIC VEHICLE CITY OF VIRGINIA BEACH, VIRGINIA LsuV ~~r' MAY-fi~ ~? h~' _ nr~n ~ Subject to compliance with all provisions of Chapter 36 df the Code of the City of Virginia Beach and any other relative ordinances that may be adopte ,y City Council and other regulations promulgated by the City ^lanager and/or the ' Chief of ~Pol i ce. o ~~-~~ ~ D I. Applicant Information: Name rst e Processing Period - 30 z r~2 Last A d d re s s Z ~ o ~ 7~'4z~ t~,4,-K 5 I72- ~`~. ~ V'/~ ~ (;~U~ ~~ . Social Security Number 23 ~ - t~ - 555th Race Q,t~ Sex ~ Date of Birth Z - ~ _ Z ~ Place of Employment ~~AGt~ T,~.ty,~ (x~G . Have you ever been charged with any criminal offense or convicted? Yes Nom If yes, complete the following: Date Name of Court Offense II. Company Information: Disposition Name ~GN- ~,~, ~ ~ ~,l~G . Business Address /8~ S. Pl....~t~i ~-f"jz,A-r~. Telephone ~dl~ G58S Form of Business (Please check): a. Corporation ~_ Number of Shares Outstanding b. Sole Proprietorship Name of Own~f~ ,, ~~ , c. Partnership Names of Partners: Please provide proof of Registration for Operating Authority from the State Corporation Commission/Motor Carrier Division. Inquiries about obtaining Operating Authority may be directed to the State Corporation Commission, Motor Carrier Division, Richmond, Virginia; phone number 786-3621. Officers: President (or owner) /V1.tJ...n/r~ o D-o2~~L ~-fz . Vice-President (~t[3y ~ ~z..~~ Secretary /1/~fa.v ~,~ p [~~ ~,e, ~,e. , Treasurer (2.~f~c.t ~ T1~"L~ ~ III. Affiliated Companies Type of Relationship Number of Taxicabs and For-Hire Vehicles: Taxicabs IY. Currently Authorized Currently Licensed Additional Requested Total Requested 2~ 5 25 Passenger Information: Boring the Previous Calendar Year: Average Miles Per Trip: Total Paid Average Number of Passengers Average Cab Receipts Per Trip Cab Mileage: Per Cab Owned Per oay Per Man Hour Per Gallon of Gas Number of Trips: Total Paid Total Elderly r. Financial Information: For-Hire ~/ s Per Trip ~ 5.oa i ao a 2~ i~ z qo Section 36-99 of the Code of the City of Virginia Beach states that: Every person applying for a certificate of public convenience and necessity shall include a statement of assets and liabilities and a statement of income and expenses, including detailed Information of operating revenues, specifically the item gross fare revenue, and expenditures. and a statement of changes in financial position with the provision that any income or expenses ahlch have been allocated from a related, controlled or affiliate entity must be disclosed or, in the event that such applicant, at the time of application, has not been in operation for a full fiscal year, then for such period of time that the applicant has been 1n operation or. 1n the event that such applicant has not previously been in operation, then a beginning statement of assets and liabilities and a statement of income and expertsas and a statement of changes in financial position. estimated for the fiscal year period subsequent to the tine of application. All financial statements required by this section shall be prepared 1n accordance N1 th forru prepared by the director of finance end approved by the C1 ty Fianager. -2- ASSETS 19 `T2 19rJ ~ Current Assets: Cash Savings Accounts Other Investments or Securities ~-t,~~--r~~~ Receivables: 7 ra d e ~ ~x~S-EY~VL~ Employees Other Other Total Current Assets Property. Plants, and Equipment: Land Building Automobiles (Taxicabs Used in Business) Office Furniture and Equipment Total Less: Accumulated Deft reciation Net Property, Plant, and Equipment Other Assets (List): Total Assets S S LIABILITIES AND STOCKHOLDERS' (OWNERS') EQUITY Current Liabilities: Notes Payable Due Mithin One Year Accounts Payable Accrued Payroll Withholding Taxes and Expenses Accrued Salaries Income Taxes Payable Other Total Current Liabilities Notes Payable Due After One Year Stockholders' (Owners') Equity: Common Stack (Par Value S Authorized Shares;~ssued Shares) Retained Earnings Total Stockholders' Equity Total Liabilities and Stockholders' Equity S s The accompanying notes are an integral part of the financial statements. -3- TAXICAB COf 1PANY STATEMEN OF INCOME LOSS AND RETAINED EARNINGS for the years ended December 31, 19 and 19 Income: passenger Revenue Contract Revenue Other Total Direct Expenses: Drivers Commissions Gas and Oil Depreciation on Autos Repairs and Maintenance - Autos Ti res and Tubes Insurance - Autas Payroll Taxes - Drivers Auto Licenses Other To to Selling, Administrative, and Other OE.~ratin Officers' Salaries Office Salaries Payroll Taxes Telephone Utilities Office Supplies General Repairs and haintenance Depreciation - Buildings and Equipment Dues and Subscriptions Ren t Other Insurance Accounting and legal Expenses Advertising Laundry Other Taxes, Other than income Ot he r To to Total Expenses Net Income (Loss) Before Taxes Federal and State Income Taxes Net Income (Loss) Retained Earnings, Beginning of Year Retained Earnings, End of Year 19 Yz 19 43 ~~ ~-a Expenses: S ~-- ~___,__ The accompanying notes are an integral part of the financial statements. r -4- TAXICAB COMPANY STATEMENF{ANGES IN FINANCIAL POSITION for the years ended December 31, 19 and 19 Financial Resources Were Provided By: Net Income From Operations Add Expenses Not Requiring Outlay of Working Capital: Depreciation and Amortization (Gain) on Sale of Equipment Working Capital Provided by Operations Proceeds From Sale of Equipment Total Resources Provided Financial Resources Were Applied To: Increase in Notes Receivable Additions to Equipment Purchase of Investments Total Resources Applied Increase (Decrease) 1n Working Capital Changes in Components of Working Capital: Increase (Decrease) in Current Assets: Cash Investments Receivables Other Increase (Decrease) in Current Liabilities: Notes Payable Accounts Payable Accrued Payroll Withholding Taxes and Expenses Accrued Salaries Income Taxes Payable Other 19 19 ~ ~-~~~r ~t~~!t~crUr~ c S Increase (Decrease in Working Capital s ~ The accompanying notes are an integral part of the financial statements. -5- WILLIAM A. WOODWARD P. C. CERTIFIED PUBLIC ACCOUNTANT A PROFESSIONAL CORPORATION TIME BUILDING, 1709 COLLEY AVENUE NORFOLK, VA 23517 804-625-2979 Apr 25 94 Beach Taxi, Inc. Dear Owner, We have compiled the accompanying statement of assets, liabilities, and shareholders' equity - income tax basis of Beach Taxi, Inc., as of December 31, 1992, the related statements of revenue and expenses, - income tax basis for the year then ended, in accordance with state- ments on Standards for Accounting and Review Services issued by the American Institue of Certified Public Accountants. A compilation is limited to presenting, in the form of financial state- ments, information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. The company's policy is to prepare its financial statements on the accounting basis used for income tax purposes; consequently, certain revenue and the related assets are recognized when received rather than when earned, and certain expenses are recognized when paid rather than when the obligation is incurred. Accordingly, the financial statements referred to above are not intended to present financial position and results of operations in conformity with generally accepted accounting principles. WILLIAM A. WOODWARD P.C. NORFOLK, VA. CERTIFIED PUBLIC ACCOUNTANT MEMBER AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS VIRGINIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS Beach Taxi Statement of Revenues and Expenses 12 Months Ended December 31, 1992 3100 Sales-Cab Fares 3300 Discounts 3400 Other Income Net Sales Cost of Sales: 4100 Commissions 4200 Fuel & Oil 4300 Parts & Repairs 4400 Towing, Inspections, & Misc. Total Cost of Sales Gross Profit Overhead Expenses (Schedule) Operating Income Other Income and Expense: 9010 Interest Income Income (-) or Loss Before Income Taxes Income Tax Expense: 9100 Federal Income Taxes 9200 Virginia Income Taxes Total Income Taxes Net Income or (Loss) Year-to- ~ of Date Sales ---------- ------ 817,094.22 100.00 0.00 0.00 0.00 0.00 817,094.22 100.00 375,550.03 45.96 105,994.55 12.97 52,552.60 6.43 2,404.88 0.29 536,502.06 65.66 ---------- ------ 280,592.16 34.34 298,592.16 ---------- 36.54 ------ (18,000.00) 2.20 0.00 0.00 ---------- ------ 18,000.00 2.20 0.00 0.00 0.00 0.00 -- ---------- 0.00 ---------- ---- 0.00 ------ (18,000.00) 2.20 ---------- ------ ---------- ------ UNAUDITED SEE ACCOUNTANT'S COP4PILATION REPORT Beach Taxi Overhead Expenses 12 Months Ended December 31, 1992 8007 Advertising 8009 Equipment Rental 8010 Vehicle Expense 8013 Depreciation 8014 Dues & Subscriptions 8015 Uniforms & Laundry 8017 Insurance 8018 Interest 8020 Legal & Accounting 8022 Office Expense 8023 Rent 8024 Repairs & Maintenance 8027 Telephone 8028 Utilities 8029 Salaries 8030 Miscellaneous 8031. Tools / Supplies 8032 Taxes - FICA 8033 Taxes - VEC 8034 Taxes - FUTA 8035 Taxes - General 8036 Taxes - Licenses, Permits; Tags Year-to- % of Date Sales ---------- ----- 50.00 0.01 1,008.43 0.12 0.00 0.00 28,414.00 3.48 927.88 0.11 5,394.73 0.66 67,124.42 8.22 0.00 0.00 4,550.00 0.56 3,012.90 0.37 0.00 0.00 6,942.99 0.85 9,386.92 1.15 4,990.84 0.61 106,477.70 13.03 1,432.26 0.18 2,854.91 0.35 37,760.12 4.62 9,532.31 1.17 1,403.92 0.17 3,381.94 0.41 3;945.89 0.48 298,592.].6 36.54 ---------- ------ ---------- ------ UNAUDITED SEE ACCOUNTANT'S COMPILATION REPORT Beach Taxi Statement of Assets, Liabilities, and Shareholder's Equity December 31, 1992 Assets Current Assets: 1110 Cash In Bank 3,929.70 1120 Accounts Receivable 0.00 1135 Prepaid Interest 0.00 1140 Inventory 0.00 Total Current Assets 3,929.70 Fixed Assets, at Cost Less Depreciation: 1161 Taxi Cabs 83,225.00 1162 Office & Shop Equipment 1,518.00 84,743.00 1164 Less Accumulated Depreciation 71,081.00 Net Fixed Assets 13,662.00 Other Assets: 1171 Owner's Account 500.00 1172 Deposits 0.00 Total Other Assets 500.00 Total Assets 18,091.70 Liabilities and Shareholders' Equity -- Current ----------------------------- Liabilities: ----- 2220 Accounts Payable 1,000.00 2222 Accounts Payable - Clear 0.00 2231 Payroll W/H Virginia 888.05 2232 Payroll W/H Federal 0.00 2234 Payroll Ded.-Other 0.00 2235 Loans from Stockholders 38,367.18 Total Current Liabilities 40,255.23 Long Term Liabilities: 2271 Notes Payable 0.00 Total Long Term Liabilities 0.00 Shareholders' Equity: 2292 Capital Stock 0.00 2293 Paid in Capital 15,795.63 2299 Retained Earnings (19,959.16) Profit or (Loss) for the Period (18,000.00) Total Shareholders' Equity (22,163.53) 18,091.70 UNAUDITED SEE ACCOUNTANT'S COMPILATION REPORT Beach Taxi Statement of Assets, Liabilities, and Shareholder's Equity December 31, 1993 Assets Current Assets: 1110 Cash In Bank 14,802.02 1120 Accounts Receivable 0.00 1135 Prepaid Interest 0.00 1140 Inventory 0.00 Total Current Assets 14,802.02 Fixed Assets, at Cost Less Depreciation: 1161 Taxi Cabs 84,875.00 1162 Office & Shop Equipment 2,560.76 87,435.76 1164 Less Accumulated Depreciation 72,940.00 Net Fixed Assets 14,495.76 Other Assets: 1171 Owner's Account 500.00 1172 Deposits 0.00 Total Other Assets 500.00 Total Assets 29,797.78 Liabilities and Shareholders' ------------ Equity ------- ----------------- Current Liabilities: 2220 Accounts Payable 1,000.00 2222 Accounts Payable - Clear 0.00 2231 Payroll W/H Virginia 1,426.84 2232 Payroll W/H Federal 0.00 2234 Pavroll Ded.-Other 0.00 2235 Loans from Stockholders 38,367.18 Total Current Liabilities 40,794.02 Long Term Liabilities: 2271 Notes Payable 0.00 Total Long Term Liabilities 0.00 Shareholders' Equity: 2292 Capital Stock 0.00 2293 Paid in Capital 15,795.63 2295 Distributions 0.00 2299 Retained Earnings (26,791.87) Profit or (Loss) for the Period 0.00 Total Shareholders' Equity (10,996.24) 29,797.78 UNAUDITED SEE ACCOUNTANT'S COMPILATION REPORT Beach Taxi Statement of Revenues and Expenses 12 Months Ended December 31, 1993 3100 Sales-Cab Fares 3300 Discounts 3400 Other Income Net Sales Cost of Sales: 4100 Commissions 4200 Fuel & Oil 4300 Parts & Repairs 4400 Towing, Inspections, & Misc. Total Cost of Sales Gross Profit Overhead Expenses (Schedule) Operating Income Other Income and Expense: 9010 Interest Income Income (-) or Loss Before Income Taxes Income Tax Expense: 9100 Federal Income Taxes 9200 Virginia Income Taxes Total Income Taxes Net Income or (Loss) Year-to- % of Date Sales ---------- ------ 1,008,357.46 100.00 0.00 0.00 0.00 0.00 1,008,357.46 100.00 455,240.64 45.15 123,525.83 12.25 62,365.78 6.18 2,290.76 0.23 643,423.01 63.81 ---------- ------ 364,934.45 36.19 346,925.73 ------------- 3d_.41 ------ 18,008.72 1.79 0.00 0.00 ------------- ------ (18,008.72) 1.79 0.00 0.00 0.00 - 0.00 ------ ----------- - 0.00 ------------- 0.00 ------ 18,008.72 1.79 ------------- ------ ------------- ------ UNAUDITED SEE ACCOUNTANT'S COMPILATION REPORT Beach Taxi Overhead Expenses 12 Months Ended December 31, 1993 8007 Advertising 8009 Equipment Rental 8010 Vehicle Expense 8013 Depreciation 8014 Dues & Subscriptions 8015 Uniforms & Laundry 8017 Insurance 8018 Interest 8020 Legal & Accounting 8021 Profession / Contract Services 8022 Office Expense 8023 Rent 8024 Repairs & Maintenance 8027 Telephone 8028 Utilities 8029 Salaries 8030 Miscellaneous 8031 Tools / Supplies 8032 Taxes - FICA 8033 Taxes - VEC 8034 Taxes - FUTA 8035 Taxes - General 8036 Taxes - Licenses, Permits, Tags Year-to- of Date Sales ---------- ----- 436.88 0.04 1,692.08 0.17 0.00 0.00 1,859.00 0.18 35.00 0.00 5,762.41 0.57 107,249.88 10.64 0.00 0.00 6,365.00 0.63 71.04 0.01 3,681.88 0.37 20,000.00 1.98 9,847.63 0.98 7,699.06 0.76 6,620.95 0.66 111,026.5d_ 11.01 1,278.56 0.13 3,391.96 0.34 44,229.89 4.39 1,927.59 0.19 2,967.29 0.29 8,647.09 0.86 2,136.00 0.21 346,925.73 34.41 ---------- ------ ---------- ------ UNAUDITED SEE ACCOUNTANT'S COMPILATION REPORT u NQTES TO THE FINANCIAL STATEMENTS 1. The financial statements are prepared on the (cash) (accrual) basis. 2. The fixed assets are slated at cost and depreciated over their estimated • useful lives using the following methods: Ye__ ' Building Automobiles 3 S ~- Office Equipment and Furniture Other ~. The company is obligated under a cease agreement to rent•facilities • ~t = per month until 19 ~1. Other notes as necessary. •• • ~. -6- VIRGINIl1 BE.:CH Ueparuncnt ~~f~ C~~nvention and Visit<u' Ue~~eloptnent Special I?~-ents and Film Olticc 1000 19th Street Virginia Beach, VA 23451 (804) 437-4800 FAX (804) 437-4737 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR OPERATION OF A PUBLIC VEHICLE This certificate is subject to compliance with all provisions of Chapter 36 of the Code of the City of Virginia Beach and any other relative ordinances that may be adopted by City Council and other regulations promulgated by the City Manager and/or the Chief of Police. PERMITTEE: Herbert Dise COMPANY NAME: Diamond Taxi/Yellow Cab of Virginia Beach BUSINESS ADDRESS: 4808 Shore Drive, Virginia Beach FORM OF BUSINESS: Proprietorship NUMBER OF TAXICABS AUTHORIZED BY CITY COUNCIL: 6 (r `~ , _ - ~ ~~ C Paulette Braithwaite Permits & Film Coordinator Convention & Visitor Development Ruth Hodges Smith, CMC City Clerk THIS CERTIFICATE AND THE BUSINESS LICENSE SHALL BE DISPLAYED IN THE BUSINESS OFFICE OF THE TAXICAB/FOR-HIRE COMPANY AT ALL TIMES. ".,:., ~ i:~ ~; n I '-"-~..'...._--__- _! y^' ERTIk'zCATE 4F' PirBLTC CONVENIENCE ~I- •\ ;I ~~ - '~ i AND NECESSYTY APPLICATION •.,1 _ ~' ~ ~ ,,; fi• ~ ~- I i FOR REVIEW ~ ;1 ~C~~~ ~~c~~ ~"- -~ w ;,`,`;;~''` cti~n~t' ~Ui ,,., 'j TO: .C~a(~I wQc~~Poli a/~necial Operations ~~~ ~~-~ -~ ~ via: Patsy Moore Police Services FROM: Paulette Braithwaite, permits Coordinator Convention and Visitor DevefopmentlSpecial Events Office DATE: April 29, 'i994 SUBJECT: PERMIT #CPC0004 bIAMOND TAXI/YELLOW CAB The attached application for a Certificate of Fublic Convenience and Necessity Permit is forwarded for your review and comment. Please return this foam to the Convention and Visitor Development Office May 13. 1994. Please provide comments that will furnish the City Manager with sufficient data thGt 'fill enable a proper judgement in the decision in this matter in accordance with City ordinance, State Code, and/or administrative policy governing such matters. Inasmuch as this office is charged with the responsibility cf issuing the permit, the approval of the application is predicated upon your review/investigation and comments pertaining to the proposed activity. Please feel free to notify the applicant to verify and/or clarify any details furnished. Please include in your comments any services that may be provided by your department/division; that is, security, traffic control, traffic devices, etc. or provisions that the applicant may need to provide. CAPTAIN JACOCKS - PLEASE ROUTE THIS APPLICATIQN TO CONSI.~MER PROTECTION WHEN YOUR REVIEW IS COMPLETED. Enciosures APPRQVAL RECbMft/IEN SIGNATURE:, COMMENTS: ./ YES r~~'t J/ NO DATE:%~~ (,-- --: 7 ~ 9 `! lr~ rn~si~.,! ~= v 1-a 7= r;•ar r•_°, r' r-r ~~'v~t'L'~J` ~ :~ ` ~~('i~r' nv,~, - 1,~, '7l-c 'i (~ ~~, - -. Chl-1LhkV~7rch.1 G+- 7F1~~• 7 r'X~f 1'~1~=%r.iL-~ ~,y C~_!C.1:•l~ is •-r i~~~>~°~~~ r ~. V-1 C C~r~~ c= ~- -r i~,~ a t~~.:i1.-l" ~ -7 1-'r-; _, i-:c_h-: ~•~' ~-~_ r~ «:~~,~.r~~-~~ --c> ~.~.-f~ i,~ ~f b~l~~+-RTMENT OF POLICE M E M O R A N D U M CITY OF VrRC~INIA pEACH~ VA. Toi Captain A.M. Jacocks From: MPO R.L. Spreder Date: May 24,X994 Subject: Permit: Public Convenience - Diamond (Yellow) Cab Company (Renew on April 19, 1994 at 11.00 hours, this writer went to 4808 Shore Dr. to inspect the above named business for the purpose of ren°Wing their permit. There were na discrepancies noted in their operation. Yellow Cabs were found to be in fair condition both physically and mechanically. The business appeared to be in fair condition although the fleet of cabs has been cut in half. The owners have taken all of the D~.amond cabs off the read. Diamat~d Cab (Yellow Gab) had only five vehicles licensed for use this year and they were all inspected no discrepancies were found. All drivers license numbers were run and found to have a valid license with the exception of one driver and that driver was notified and was told to correct his nor payment of fine. A11 records and information needed for my inspection were x-eadily available. biamond Taxi is currently insured by Liberty Mutual Policy Number ASI-1351-242710-01211.0 Effective Dates 12^-1893 to 1218--94 Summary: This writer finds Diamond cab company to be in compliance in their operations and in the maintenance of their vehicles. The entire grounds, communications center, parking lot, office area, etc., are also in fair condition. ~tecommendation• This writer recommends approval of this permit. YELLOW CAB OF VA. BEACH INC. LIST OF DRIVERS MAY 1994 1. GERARD G. BAUER 2. FRANKLIN BECK 3. CHRISTOPHEk L. BRAM ~4. DANIEL T. CUCUZZA 5. PAUL GUX G. DELLA M. HARRIS 7. GEKAKll '!'. McDONQUGH 8. V1;ORGE A NIQUETTE JR. 9. CLIFTON T. PENZCK 10. HASSLE D. TOTTY ~K11. CLARENCE MORRIS 12. THOMAS KENNY 13. RICHAF2b Y,'ALTERS U94-38-7727' 4'14-62-8401.' 230-33-3879' 198-3~3--7833 012-42-5572/ 432--56-:.'885/ 179--32-4513 ~' 003-38-3236;/ 921-70-6324/ 466-42-9113v' L16-56-8577x" 127-30-9725:- 484-78-5595Y' r Ll i~ _~; , 1 ~ ; .N,~~~ t` ~iM Y ~~ Y s~'~ ~ ai'~~ ~ ,.~~ ~ ;,s ,~~.,, C }.E~ t~ yt ?~. ~ f• ~~ ~ ~f,S~,k'.;' ;~~ ~ . ~d ~; ,: a~ `, ~,>., h;o,,. ~~~f, ~ ~' 1~ i'~ ~. ~,~> /C 1 ``n ~ :1. ASS `~ :~ (' L ~< •. r.~, '~f ~ ~ {~~ r :~F , •. i. ;t,r' ~. ,. '~. ,~ ~~~ n r, ; -A x''~ct ~ `~~': ,~ ~, a ?' s }. v~ 1L,,.,.,,~, ~,~,~ I.~,~~i•r~u,~l Jl ~ I I Processing Period - 3f) ' . S~IECIl1L~ EVENTS & FiI,M OFFICE ', U PAVILION •a.ooo i~~x srR~Em _ ~ ~ ~ D ~ ~, __ VA REACH VA 2~4s~. _._.. APPLICATION , CERTIFICATE OF PUBLIC CONVENIENCE ANC NECESSI f '=~~ FOR OPERATION OF A PUBLIC VEHICLE ~~ ~ CITY OF VIRGINIA BEACH VIRGINIA ~~ ~ L. ~"C: v 4 Subject to compliance with all provisions of Chapter 36 of the o e o'~'"'~"~' City of Virginia Beach and any other relative ordinances that may be adcpted b,v City Council and other regulations promulgated by the City "tanager and/or the Chief of •police. • I. Applicant Information: Name HERBERT RICHARD DISE ^T^ first Pliddle Last Address 5670 GRETNA ROAD, VIRGINIA BEACH, V•IP.CINIA 23x5 Social Security Number L07-`L8^5270 RdCeCARCASIAt~' Sex r3ALF. Oate of Birth 10-31-3b Place of Employment BuISNESs Have you ever been charged with any criminal offense or convicted? Yes_ rdo ~~ If yes, complete the follovring: pate _ Name of Court Offense Disposition ~ ~ ____._ ,~; - II. Company Information.: Name DIAr10ND '!'AX1/Y~:LLOW CAB OF VA. BEACFt INC. Business Address 4808 SHORE DRIVE, VA. BEP.CH,VA Telephone 460-06017 form of Business (Please check}; a. Corporation ~ Number of Shares Outstanding b. Sole Proprietorship x Name of Owner HERBERT P. DzsE c. Partnership Names of Partners: Please provide proof of Registration for c~peratinr, Authority from the state Corporation Commission/Motor Carrier Division, Inquiries about obtaining operating Authority may be directed to the state Corporation Commission, Motor Carrier viv!siori, Richmond, Virginia; phone number 7863621. • `Officers: President (or o+rner) Vice-president Seer'etary Treasurer .Affiliated Companies Type of Relationship ___ III. IY. Number of Taxicabs and For-Hire Vehicles: Taxicabs Currently Authorized 30 Currently Licensed 5 J Additional Requested ~_ Total Requested 30 Plssenger Information: Quring the Previous Calendar Year: Average Miles Per Trip: Total Paid Average Number of Passengers Per Trip Average Cab Receipts Per Trip Cab Mileage: Ptr Cab Owned Per pay Per Man Hour Per Gallon of Gas H urnbe r o f T r i ps Total Paid Total Elderly Y. F1nan~iel Information: For-Hire 3 MILES s.oo/z~~zP - ~ 1 if)(1 15 10 MPG 5U ~: X5.40 7250.•00/DAY z~ Section 36-99 of the Code of the City of Virginia Beach states that: fYtry person applying for a certificate of public convenience and necessity shall include a statement of assets and liabilities and a statement of income and expenses, including detailed information of operating revenues, spe~iftcally the item gross fare revenue, and expenditures, and a statement of changes in flnarGial position rrlth the provision that any tncome or expenses which have been allocated from ~ related, controlled or affiliate entity must be disclosed or, in the event that such applitdnt, at the time of applicatlon~ has not been in operation for a full fiscal year, then for such period of time that the applicant has been in operation or, in the event that such appl tcant has not previously been in operation, then a beginning statement of assets and liabilities and a statement of Income and •xpen~ts and a statement of changes in financial position, estia-attd for tht fiscal year period subsequent to the tine of applicatton, A11 financial statements required by this section shell be p reparee in accordance N1th torru prepared by the director of finance and approved by the City F`anager. -2- W ASSETS 1992 lg g3 Current Assets: • Cash Savings Accounts Other Investments or Securities Receivables: Trade Employees Other Other 0 0 Total Current Assets 0 0 Property. Plents, and Equipment: Land $uilding 1 , 500 1 , 500 Automobiles (Taxicabs Used in Business) s,4o0 s,40o Office Furniture and Equipment 22,043 16,532 Total 28,9}3 23,432 less: Accumulated Depreciation _ ~ - - ket Property, Plant, and Equipment -~ Other Assets (List): Total Assets = 2B , 943 s 23, 432 LiABiLITIES AND STOCKt-i0L0ER5' OuNERS' E UITY Current Liabilities: Notes Payable Oue Within One Year Accounts Payable o 0 Accrued Payroll withholding Taxes and Expenses Accrued Salaries Income Taxes Payable Other Total Current Liabllities 0 0 Notes Payable Rue After One Year Stx kholders' (Owners' Equity: Common Stock (Par Yalue S AuLhorSzed Shares; I-ssued Shares) Retained Earnings Total Stockholders' Equity U 0 Total Liabilities and Stockholders' Equity s 0 s U ~~~ The accompanying notes are an integral part of the financial statements. t -3- i ,~nr~~_~i~i~~-- y~LLS.,~~._ TAXICAB CUIIPANI' STA~EMENT OF 1NCC~tE (l.USS~ AND RETAINED EARNINGS • for the years ended December 31, 1492 and 1~ 93 1992 l9 93 I n c ar-e ~isassenger Revenue Contract Revenue Other Total pirect Expenses; DriversT Commissions Gas and Oit Depreciation on Autos Repairs and I+{aintenance -Autos Tires and Tubes Insurance -Autos Payroll Taxes -Drivers Auto Licenses Other ~, VCIE To Sellin Administrative and Other gratin Officers Salaries ' Office Salaries Payroll Taxes Telephone Utilities Office Supplies General Repairs and Maintenance Depreciation -Buildings and Equipment Dues and Subscriptions Ren t Other Insurance Accounting and legal Expenses Advertising Laundry Other Taxes, Other than income Other To to Total Expenses Net Income (Loss) Before Taxes Federal and State Income Taxes Net Income (Loss) Retained Earnings, Beginning of Year Retained Earnings, End of Year Expenses: -.---.- z3.92.b 6.0 c ~~~, fjrl~i R9.2~sL 00 ~a,7~1 X4997.00 2$3, 64G ;~~55~00 .2,427_~ -~-i~ 5 ~3 3 --__~1 _5 2 2 3 9 :011 9318 2.15,928 2Ei ~ 7 ~ 4-~. ~ ._ _ 7 3 4~ 9 4-- , ~- - -~~...~_ ~ i ~? 18, 275 12833 ~iT- ~4 L~~~ ~ ~S1S,L_ 409 _ 210 0 ., - 1 ~s _3}.S.IIZ 258228 328844 -~ 0,711 -~ s---.-r--, ~"- ~..~ T~ The accoRpanying notes are an integral part of the financial statements. -4- MO7ES Ta YHA FlNarrCIAl. sraTEMEnrs 1. the financial sLatetnents are prepared on the (cash) {accrua]) basis. ~. 1'he fixed assets are stated at cost and depreciated ever their tstimdLed useful lives using the following methods: • Years F4ethod ' Building 5 sL /lutomobiles 3-5 i79 ACRS Office Equipment and furniture 6 - SL ~'ther 3. the company is obligated under a least agreement to rent facilities • ~t S~Q00,__ per month unti 1 19 Q5. 4. Other notes as necessary, •• -6- IrlfU~nr~rl i~,rr co„r;,i~rr~'J here(;( 1s correct ~r;d unJersC~rrd - _- . _ _ - - ,.I,:,~ 111...__.. _ ._«;c i~a~c must he licc~,srd by ;~~y t aE eacl; year. Signature of ~+11.Ca,ic llate of APP icatio~: A1'!'LICAN'L' NO"i' '1'0 wlcl'rc IiGLOW 'i'iflS LIN1: R~commcndati ns: Approval pisapproval Chi f of Pollee ~ Date Approval Disapproval Cons cr ProCectiou OCfLcer Date Appro ~` Disapproval City Hauager _ ll to Final Disposi[ion: Approval bisapl~roval City Councl.l Date (Signature of City Clerk) I I;creby certify that each vehicle app coved in this ce:tificac2 has been licensed iu JCCUCdd:-ce with SecCion 18-105 Of Che Clty Codc. Commissiuncr of Itevcnu~ bate when final disposltlou has bccrti recorded, this certificaCt is tv Lie returr,cd to the Chief of Police. -7- kCVisod 7/3(/84 g~ i i I 1 ~1 ~ \J V L 1..~ J~ }. \/ 1 \ 1 V~..r,L~ L~1 A U' v LJ` 1 V i `tia r ~. tea, • ., ari ..- .~~ ~ ~, .-- - !n ~tccordarttt with Fedtral privacy and Security Cody Regulations and secxivrts 9-169 and 19.2-389 of the Code of the State of Virginia (1950), as amended, and the rules and regulanotu of the Cnnnna! Jusirce Serti'iees• Corrvrussion of tiu Commonwealth of Vrgl~xra, 1 agree by my signature that any information discovered as a result of the subrnixsion of this form may be released to any c=ry o,~idal will have tfu authortry to act on this appLi~on and feather, tha.r if dis4uaiifizn,~ information is discovered this fact, bur not the speeifces of surh i~rformaxfon, may be made Irnewn m the organi.-.anon o~"icia! named cs applicant. I swear or affirm that all information sub»~rted is the truth. Name: HERBERT R. DISE Address: ~~~n GR'ETNA ROAD, _~A, BEACH. VA. 234 Sex: M Mace: CARCASIAN ppg; 10^31-36 SSN:207-28^5270 Reason for Request: C~RTIFICATI; OF PUBLIC permit Application Position held in Signature: t10ri: OP7NER/PRES I OEN Sworn to and subscribed before me this Date: ~ APRIL• 199a 1 g ~~ 19~. I~iy commission expires: C_- ~ ~ Signature: ~. ~, 3 ~9 ~ ____ day of ~~~ * * FOJ:t DEPAR~M~NTA_L USE ONZ.,Y Requested by: Date1Tut3e: Run by: DateJT'ime: Response: Positive Negative Comments: II I ~ L1:~'1' V1~ I:AtS:a UN J-~l h1AY 1 `J 9'l CAB # CAR VIN # SAr~~'1'Y INSY # 1. 15 1FABP83G7EZi83281 E-2953527 2. 17 1FABPA3G4EZ183206 E-2953341 3. 19 1FABP43G4EZ183254 F-2953490 4. 20 1FABP43G9EZ183265 E-2953493 5. 23 9LT65F192890 E-2953528 ~~1 I '~ F~1 ~ w'~RI ~ ~~ , SCC TAG # CITY D AL #r LIC ?~ , ~~ ~ , 7'-118665 21.2433~~~'~` H-53229 } ~ ~d~j / T-000563 ~.~ ... 20316 "~ H-5312E. ~~ ~~ ~ f ~ T~-000562 203166 g s; ;: E~-53227 T-000560 °`r~r l 1031b8;~~.~; H-53228 t~i ~ T-318664 h, ~ 3}~' 212932 H-53230 , a;~' ;~ ; j.? ;~ ~.a~ r~~~~ >~,, ~/ t• j Y~ ~~~~ ~, r~ ~~i~: {~~,G:~~ 1 ,~~~ } ~,.. '~~~ ,~ ,;~,~ ,. ~ ,,~ { << ~_ ~9,YR T • ~•~,~ I',~ 'ri ~4 -, ~~° ,~=~: ,~»I 1#}t~. Ft~ F ;~~A~ ,:.~,, i Cit3.r of ~~`i~~iY-Y~.~ ~~~c1 ~ :NT~R-0FF7C~ Cc~RRESPONU~IJC~ DATES Au 21 4 TO: t A. Jac Jr DEPARTMENT: _Police/special,Operatione FROM: ~Ymond E Mess,tna. City Sealer D~PA~tTMENT: Publ~.p Work,Q/F & Z SUBJECT: ert Cate Public ConveniwnrA ~.,.~ ~~s,.eoo~.... ~___ .., _ Our weights and Measures Bureau conducted an inspection of Yellow Taxi's vehzclee on July 7, 1994. ' This permit requested authorization for 30 taxi cabs, however, only F were presented to this bureau for certification, Listed below are the taxi cabs which have been inspected and certified to be correct by this Bureau. Fach of these taxi cab's meters are properly mounted, or. the dashboard and have been sealed in this position with 1994 lead wire seals and 1994 approval seals. Comz~anv Cab ~ ice a V.I.N. # et ~~ Make M 1 Yollow 14 H53237 IFABP43GEZ1832235 32354 Ford 1984 Yellow 15 H53229 IFABp43G7EZ183281 3576 Yellow 16 H53239 IFABP43G4EZ1$3299 32352 Ford 1984 Yellow 19 H53227 IFABP43G4EZ183254 30812 Ford 1934 Yellow 20 H53228 IF'ABP43G9E2183265 31580 Yellow 23 H53230 9UGSF192890 Ford 1934 30032 Ford 1979 Mr, Herbert R. Dise, Company owner, and Stan Sloan, Manager, have been innstructed, should any of these seals be broken far any re=scn, that: this office be notified immediately for reinspection of that unit. They have also been instructed that both our departmen ar to be nctifie pri r to placing any additional taxi cabs in service. ~~~: ~ --~- ~.-- `xa d'`E. Messing REM:v City sealer Yw cc: Robert R. I.oher, Administrator Paulette L. Braithwaite, Permits Coordindtor -17- Item IV-G.4. CONSENT AGENDA ITEM # 38855 Upon motion by Yce Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $3,977.33 upon application of certain persons and upon certification of the City Treasurer for payment. Yoting: ll -0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Yoting Nay: None Council Members Absent: None February 28, 1995 FORM NO. C.A. 7 r 2/3/95 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Year Type of Tax Ticket Exonera- Number tion No. Date penalty Paid Int. Total Paulson & Associates 95 P,E(1/2) 103892-9 9/20/94 318.60 John F & Barbara Baldwin 95 RE(1/2) 005263-7 11/14/94 892.07 Va Beach Community Dev Corp 95 RE(1/2) 106118-0 9/26/24 3.49 Va Beach Community Dev Corp 95 RE(1/2) 106191-0 9/23/94 2.35 Lee N Stuart Jr 95 RE(1/2) 068654-2 1/13/95 52.24 Life Savings Bank 95 RE(1/2) 111340-0 12/5/94 528.14 Dimitrios & Mary Papadopoulos 95 RE(1/2) 089746-8 12/5/94 36.94 Tidewater Tel Operators CU 95 RE(1/2) 018540-3 11/28/94 609.45 Linwood L & Eleanor Briggs 95 RE(1/2) 013195-4 12/5/94 18.71 Paul E & Willie F Turner 95 RE(1/2) 120291-0 11/25/94 34.66 Richard G Kramer et als 95 RE(1/2) 132865-1 11/10/94 256.68 Lafayette Distributing Co 94 RE(2/2) 065841-3 5/27/94 208.20 Geraldine Y Stephens 94 RE(2/2) 112431-9 6/5/94 66.22 Geraldine Y Stephens 94 RE(2/2) 11243?.-8 6/5/94 71.58 Marjorie J Gavin 92 RE(1/2) 041291-1 12/2/91 10.90 Marjorie J Gavin 92 RE(2/2) 041291-1 5/15/92 10.90 Marjorie J Gavin 92 RE(1/2) 041292-0 12/2/91 13.63 Marjorie J Gavin 92 RE(2/2) 041292-0 5/15/92 13.63 Marjorie J Gavin 93 RE(1/2) 041590-8 11/18/92 13.63 Marjorie J Gavin 93 RE(2/2) 041590-8 5/17/93 13.63 Marjorie J Gavin 93 RE(1/2) 041589-1 11/18/92 10.90 Marjorie J Gavin 93 RE(2/2) 041589-1 5/17/93 10.90 Marjorie J Gavin 94 RE(1/2) 042128-6 11/30/93 11.40 Marjorie J Gavin 94 RE(2/2) 042128-6 6/2/94 11.40 Marjorie J Gavin 94 RE(1/2) 042129-5 11/30/93 14.25 Marjorie J Gavin 94 RE(2/2) 042129-5 6/2/94 14.25 Marjorie J Gavin 95 RE(1/2) 042399-7 11/15/94 11.40 Marjorie J Gavin 95 RE(1/2) 042400-4 11/15/94 14.25 John Hooker Jr & H Duff II 94 RE(1/2) 054534-9 12/30/93 325.49 Margit & Bill Fountain 95 Dog V09836 12/15/94 8.00 Alfred Cochran 95 Dog V18592 12/12/94 2.00 Thomas E Witcher 90 PP 218133-8 8/29/90 207.18 Thomas E Witcher 91 PP 217945-7 1/30/92 154.56 Doris E Lambert 95 RE(1/2) 066855-3 11/21/94 5.70 Total This ordinance shall be effective from date of adoption. The above abatement(s) totaling $3, 977.33 were approved by the Council of the City of Virginia Beach on the 28 day of February,, 1995 Ruth Hodges Smith City Clerk 3,977.33 Cert fied s to pay n ; John . At 'nson, re surer Approved as to form: L ie L. Lilley, City Atto -18- Item IV-H.1. PUBLIC HEARING ITEM # 38856 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING I. (a) FERMA TERRA, INC. RECONSIDERATION OF CONDITIONS 8/19/85 (RHW, ING, T/A BOB WEAVER'S AUTO SALES (b) BIG BERTHA INVESTMENT5, A VIRGINIA PARTNERSHIP RECONSIDERATION TO DELETE CONDITION 3/22/94 (c) SOL W. COHEN RECONSIDERATION TO MODIFIYCONDITION2/11 /92 (d) THELMA BRITT HARRIS CONDITIONAL CHANGE OF ZONING /RECONSIDERATION OF PROFFERS 7/14/92/ VARIANCE (e) BAYLAKE PINES PRIVATE SCHOOL CONDITIONAL USE PERMIT (fj DAE IK CHONG CONDITIONAL USE PERMIT (g) CHERYL J. KINNEY CONDITIONAL USE PERMIT February 28, 1995 -19- Item IV-H.I.a. PUBLIC HEARING ITEM # 38857 PLANNING Cornelius I. Boynton, 709 Pinebrook Drive, Phone: 495-1052, represented his application Upon motion By Councilman Dean, seconded by Council Lady Henley, City Council DENIED ANY EXTENSION OF THE FIVE-YEAR CONDITION INSTITUTED August 19, 1985, in the approved Application (RHW, INC., T/A BOB WEAVER'S AUTO SALES) for a Conditional Use Permit for auto r~airs and service for FERMA TERRA, INC. (FRANK BOYNTON, PRESIDENT) at 3427 Holland Road (PRINCESS ANNE BOROUGH). The applicant is to work with Mr. Scott for compliance with the conditions previously stated and for any consideration of an administrative extension of time: 2. A privacy fence and appropriate tall vegetation along the rear lot line and on Stoneshore Road. 3. The entrance on Stoneshore Road shall be closed. 4. No outside storage of vehicles, parts or repairs or continuous repair vehicles shall be allowed except within the area delineated in the plat to be made a part of the record. Voting: 10-1 Council Members Voting Aye: Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: John A. Baum Council Members Absent: None February 28, 1995 - 20 - Item IV-H.1. b. PUBLIC HEARING ITEM # 38858 PLANNING Attorney Michael H. Levinson, 303 34th Street, represented the applicant Letters of support from Captain Randall W. Bourgeois, Vice President -Maryland Pilots and Dimitri Hionis of Bubba's Marina are hereby made a part of the record. Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council APPROVED THE TWO-YEAR EXTENSION on the March 22, 1994, approved Application of BIG BERTHA INVESTMENTS, A VIRGINL4 PARTNERSHIP for a Conditional Use Permit for an outdoor recreation facility (rental of water recreational vehicles) at 3319 Shore Drive (LYNNHAVEN BOROUGH) ORDINANCE UPON APPLICATION OF BIG BERTHA INVESTMENTS FORA CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (RENTAL OF WATER RECREATIONAL VEHICLES) 803941887 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Big Bertha Investments for a Conditional Use Permit for a recreational facility of an outdoor nature (rental of water recreational vehicles) on the south side of Shore Drive, west of Vista Circle. Said parcel is located at 3319 Shore Drive and contains 27,390.52 square feet. LYNNHAVEN BOROUGH. The other two (2) conditions shall remain as granted March 22, 1994: 1. The applicant is limited to ten (10) jet skis, wave runners for rental purposes. 2. The jet skis/wave runner rentals shall 6e given a map indicating the no-wave zones and instructed in and given a list of the rules of the water pertaining to the operation of watercraft in general. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: Nancy K Parker Council Members Absent: None February 28, 1995 - 21 - Item IV-H.1. c. PUBLIC HEARING ITEM # 38859 PLANNING Charles Salle; 192 Ballard Court, Phone: 490-3000, represented the applicant Correspondence from Maureen and Arthur Strassle, dated February 27, 1995, in opposition to the application, is hereby made a part of the record Upon motion by Councilman Harrison, seconded by Yce Mayor Sessoms, City Council DEFERRED UNTIL MARCH 14, 1995, CITY COUNCIL SESSION the RECONSIDERATION TO MODIFY CONDITION NUMBER FOUR in the February 11, 1992, approved Application of SOL W. COHEN for a Street Closure Ordinance upon application of Sol W. Cohen for the discontinuance, closure and abandonment of a portion of Croatan Road located at the northwest intersection of Croatan Road and General Booth Boulevard. The parcel contains 17,824 square feet. LYNNHAVEN BOROUGH. The DEFERRAL will enable the Planning staff to work with the applicant regarding requirement of a sewer system connection and the cost. Young: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vzce Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 - 22 - Item IV-H.1. d. (1) PUBLIC HEARING ITEM # 38860 PLANNING Gerry Porterfield 100 Landmark Square, Phone: 340-0322, represented the applicant Upon motion 6y Councilman Dean, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of THELMA BRITT HARRIS for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF THELMA BRITT HARRIS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-40 to AG-1 202951442 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thelma Britt Harris for a Change of Zoning District Classification from R-40 Residential District to AG-1 Agricultural District on certain property located on the north side of Indian River Road beginning at a point 4010 feet more or less west of West Neck Road. The proposed zoning classification change to AG-1 is for agricultural land use. The Comprehensive Plan recommends use of this parcel for agricultural and residential single family use at densities of no more than 1 dwelling unit per acre in accordance with Transitional Area II Plan policies. Said parcel contains IS acres more or less. PRINCESS ANNE BOROUGH. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, ~Iliam W. Harrison, Jr., Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley Council Members Absent: None February 28, 1995 - 23 - Item IV-H.l.d.(21 PUBLIC HEARING ITEM # 38861 PLANNING Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council APPROVED the Applications of THELMA BRITT HARRIS re property located on the North side of Indian River Road beginning at a point 4010 feet more or less West of West Neck Road, containing 18 acres more or less (PRINCESS ANNE BOROUGH): RECONSIDERATION OF PROFFERS in the July 14, 1992, approved Conditional Change of Zoning to R-40 Residential District (Amends the proffered development plan and incorporates eleven (11) residential lots into the adjacent development) Variance to Section 4.4(b) of the Subdivision Ordinance re lot width requirements. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Thelma Britt Harris. property is located on the north side of Indian River Road, 4010 feet more or less west of West Neck Road. PRINCESS ANNE BOROUGH. NOTE: The City Council requested that there be heavy tree landscaping in addition to the Proffers offered. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Louis R. Jones, Nancy K Parker and Yce Mayor William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf and Louisa M. Strayhorn Council Members Absent: None February 28, 1995 ~.RM VO. P.S, 18 City of Virgiriia Seach INTER-OFFICE CORRESPON'OENCE In Reply Refer To Our File No. DF-94-3820 DATE: February 17, 1995 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macau G~l~~ "~ DEPT: City Attorney RE: Conditional Zoning Application -Thelma Britt Hams, et al. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 28, 1995. I have reviewed the subject proffer agreement and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further, WMM Enclosure MARY ELLEN BRITT ALICE M. BRITT THELMA BRITT HARRIS TO: (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH a Municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of November, 1994, by and between MARY ELLEN BRTIT, widow and unremarried, ALICE M. BRTTT, unmarried, and THELMA BRITT HARRIS, widow and unremarried (the "Grantors"), of the one pact, and CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia (the "Grantee"), of the other part. WITNESETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantors addressed to the Grantee, so as to downzone a portion of the Grantor's property consisting of 18.0 Acres t from R-40 to AG-1 and to modify the covenants and conditions of the previous rezoning approval on that portion of the Grantors' property consisting of 13.0 Acres t (the "Thirteen Acre Parcel") as set forth in that certain Zoning Agreement dated May 26, 1992, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3108, at page 526, and any other Zoning Agreements affecting the Property (hereinafter defined) and recorded prior hereto, if any (the "Prior Zoning Agreements"), so that those covenants and conditions are consistent with the covenants and conditions set forth in that certain Zoning Agreement made by Indian River Plantation, Inc., a Virginia corporation, Indian River Country Club Estates, L.P., a Virginia limited partnership, Thomas G. Vance and Robert F. Ripley, Jr., dated December 16, 1993, duly recorded in the aforesaid Clerk's Office in Deed Book 3333, at page 792; and WHEREAS, the Thirteen Acre Parcel is more particularly described in Exhibit A attached hereto and incorporated herein, and is hereinafter referred to as the "Property"; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for residential use through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that in order to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in a Residential Zoned classification are needed to cope with the situation which the Grantors' proposed development gives rise to; and 2 WHEREAS, the Grantors have voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential Zoning district or zone by the existing overall zoning ordinances, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to be the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing 3 body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, .which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WHEREAS, only as to the Property, the covenants, conditions and restrictions set forth herein supersede in their entirety those set forth in the Prior Zoning Agreements, and only as to the Property, the Prior Zoning Agreements are hereby temunated. NOW, THEREFORE, the Grantors, for themselves, their assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or execution from the Grantee or its governing body and without any element of compulsion or quid pro guo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby covenant and agree that this Declaration shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 4 1. The Grantors agree to develop the property substantially in confornuty with the Land Use Plans entitled "REZONING PLAN OF BRITT FARM", dated December 1, 1994, which said plans have been exhibited to the City Council and are on file in the Department of Planning. 2. The Grantors agree to develop a comprehensive stomswater management/open space protection plan, upon approval by the City of Virginia Beach, and prior to final plat recordation to include the following elements: (a) A description of the existing environmental hydrological conditions of the site and receiving water; (b) Delineation of non-tidal wetlands (if present) subject to approval by the Corps of Engineers; (c) Changes in topography resulting from construction; (d) Protection of critical edge habitat if present; (e) Identification of areas which support rare and endangered species and their habitat areas in accordance with information provided by the U.S. Fish and Wildlife Service and the Virginia Department of Conservation and Recreation; (f) Location of regional Best Management Practice facilities. 3. The Grantors agree to provide a 50 foot buffer strip in the rear of all residential lots which abut existing agricultural areas. These buffers will be 5 constructed with the first 25 feet of such area adjacent to an agricultural operation shall be planted to develop a grassed area. The second 25 feet of such area shall be planted with a mixture of deciduous and evergreen trees of the seedling variety and placed in three rows on 10 foot centers. Assistance and recommendations in the creation of this forested buffer will be sought from the City of Virginia Beach and the Virginia Department of Forestry. In addition to the above a pedestrian walkway shall be integrated into the buffer area; as depicted on the site plan. The Buffer/Walkway shall be described in lot deed restrictions and be maintained by the Homeowner's Association. 4. The Grantors further agree to provide the same buffer strip as described in Proffer 3 along the residential lot frontage that abuts Indian River Road. The development of these buffer areas, however, shall be reversed with the first 25 feet adjacent to the lots being planted and developed into a grass area and the 25 feet adjacent to the roads shall be planted with a mixture of deciduous and evergreen trees of the seedling variety and placed on 10 foot centers. 5. The Grantors recognize that the subject site is located within the limits of Transitional Area II identified in the Comprehensive Plan of the City of Virginia Beach, adopted by City Council on March 5, 1991. The Comprehensive Plan states that all development within Transitional Area II shall pay its pro rata share of al] 6 needed capital improvements. Grantors agree to pay their pro rata share subject to the following: (a) Grantors will make payments on a residential lot basis (hereinafter per unit pro rata cost). As of the permitted commencement date for platting of residential lots (January 1, 1994), the per unit pro rata cost will be $1,675.00. Grantors recognize that the per unit pro rata cost will be paid over a period of years and therefore inflation must be considered. In that regard, Grantors agree to pay the per unit costs according to the following schedule: Time Period Per Unit Cost (Payment per residential lot) January 1, 1994 -December 31, 1994 January 1, 1995 -December 31, 1995 January 1, 1996 -December 31, 1996 January 1, 1997 -December 31, 1997 January 1, 1998 -December 31, 1998 January 1, 1999 -December 31, 1999 January 1, 2000 -December 31, X000 January 1, 2001 -December 31, 2001 January 1, 2002 -December 31, 2002 $1,675.00 1,723.25 1,777.00 1,830.31 1,885.22 1,941.77 2,000.02 2,060.02 2,121.82 Any payment made after December 31, 2002 will continue to increase by three (3) percent annually. (b) Grantors agree to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. (c) All payments will be made to the Planning Department payable to the City Treasurer. 7 (d) The Grantors agree to dedicate a maximum of 33 feet from the existing Indian River Road right-of--way (30 foot) along the frontage of the subject sites adjacent to Indian River Road to allow for an ultimate 96 foot right-of--way for Indian River Road in accordance with the City Master Street Highway Plan dated April 28, 1992. The right-of--way dedication will be made prior to or concurrent with the recordation of the first subdivision plat. In the event that the road improvements contemplated in this proffer have not been included in the City's 5-year CIP at the time of the subdivision approval, the Grantors agree to execute an appropriate agreement prior to such subdivision approval, in form acceptable to the City Attorney, to assure that such dedications will be conveyed to the City upon the inclusion of said road improvements in the CIP. The Grantors acknowledge that subdivision approval will not be granted until such an agreement has been executed. If the property and/or improvements proffered by the Grantors in this paragraph are not used by the Grantee anytime within the next 20 years for the purpose for which they are proffered, then such property and/or any funds paid and unused may be used by the City of Virginia Beach for any other public purpose. (e) All funds collected will be utilized by the Grantee to offset right-of--way acquisition and improvement costs for the construction of the 150-foot major arterial shown on the Grantee's Master Street and Highway Plan. In the event that the 150-foot major arterial has not been included in the City's 5 Year Capital Improvement Program, the Grantee, at its discretion, may apply said funds to any other roadway in the 5 Year Capital Improvement Program in or adjacent to Transition 8 Areas I or II. If the Grantee does not proceed with the construction of any Capital Improvement Program road project for which the funds have been collected within 20 years, all funds shall be applied to the funding of public schools generated by the proposed development. (f) The Grantors recognize that the payment of pro rata share costs does not eliminate other required fees normally associated with development process. 6. Prior to development of the Property, the Grantors shall install (or bond, if appropriate) at their own expense an on-site roadway system as may be reasonably required to meet the demands created by this development without cost to the Grantee. Grantors agree that these improvements will be completed, or bonded if appropriate, prior to the recordation of the last residential lot in the subject site or December 31, 2002, whichever comes first. 7. The Grantors agree to embellish all entrances to the development with landscaping and low monument style signage treatment. It is recognized that further conditions may be required during the administration of applicable City ordinances and that there will be detailed site plan review to meet all applicable City codes, and that further conditions may be required during the administration of applicable City ordinances. 9 All references hereinabove to requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of May 28, 1993, which is by this reference incorporated herein. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii), the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator pursuant to the provisions, the Grantors shall petition to the governing body for review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and Grantee. ~o WITNESS the following signatures: STATE OF VIRGII~TIA CITY/COUNTY OF _ ~~ ~ ~~ ,. Mary Ellen ~ Britt ,~~ Alice M. Britt ~ew k Thelma Britt Hams w1~2K to-wit: I, ~ U-/~ a Notary Public for the State of Virginia, do hereby certify hat Mary Ellen ,whose na/mk is signed to the foregoing instrument bean date on the /~ day of k.X~- '~~~~; 1994, has acknowledged the same be ore me in the City and State aforesaid. Notary lic '~ :.~,• My commission expires: ~Lc 9~`' , ~ocz~_, ~~ • - c ~ car-: _-. Q.~c.~ ~ I , i9 9 5 " STATE 0~~~ -~ UDC CITY/CO OF to-wit: I, ~~ ~ l.•~1 a Notary Public for the State of Virginia, do hereby certify at Alice M. Bn ose name is sig~ed to the foregoing instrument bearin date on the C ~ of ~-e•- ~a`~5 , 1994, has acknowledged the same before me in the City and State aforesaid. pit ` ~ W ~~' Notary Pub c My commission expires: ~~e ~~, 1 9 `~ `t AL'Jr -~u~.: 11 ~i~. ~~ . -24- Item IV-H.1. e. PUBLIC HEARING ITEM # 38862 PLANNING Attorney R J. Nutter, 4425 Corporation Lane, Phone: 671-200, represented the applicant. 257 petitions and letters in SUPPORT of the application were presented and hereby made a part of the record. Kal Kassir, Corner Market -Shore Drive, Phone: 428-8845, spoke in SUPPORT. Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of BAYLAKE PINES PRIVATE SCHOOL for a Conditional use Permit: ORDINANCE UPON APPLICATION OF BAYLAKE PINES PRIVATE SCHOOL FOR A CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL (ADDITION) 802951935 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Baylake Pines Private School for a Conditional Use Permit for a private school (addition) on the north side of Shore Drive, 180 feet east of Vantage Point Road. Said parcel is located at 4444 Shore Drive and contains 4.978 acres. BAYSIDE BOROUGH. The Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Vrginia, on the Twen , -eighth o~.February, Nineteen Hundred and Nine -Five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor ~Iliam D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 -25- Item IV-H.1. f. PUBLIC HEARING ITEM # 38863 PLANNING Susan Chong, 1085 Vrginia Beach Boulevard Phone: 422-2565, the applicant A motion was made by Councilman Harrison, seconded by Yce Mayor Sessoms, to ADOPT an Ordinance Application of DAE IK CHONG for a Conditional Use Permit for truck rentals at the Southeast corner of Virginia Beach Boulevard and North Birdneck Road (1085 Vrginia Beach Boulevard), containing 1.0474 acres (LYNNHAVEN BOROUGH) as conditioned. A SUBSTITUTE MOTION was made by Council Lady Parker, seconded by Councilman Moss, to ADOPT an Ordinance upon Application of DAE IK CHONG for a Conditional Use Permit for truck rentals at the Southeast corner of Virginia Beach Boulevard and North Birdneck Road (1085 Virginia Beach Boulevard), containing 1.0474 acres (LYNNHAVEN BOROUGH). with the additional condition that the parked trucks be located on the East side of the site near the convenience store to be more aesthetically pleasing. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Robert K Dean, ,Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Louis R. Jones, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Absent: February 28, 1995 -26- Item IV-H.1. f. PUBLIC HEARING ITEM # 38863 (Continued) PLANNING Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of DAE IK CHONG for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DAE IK CHONG FOR A CONDITIONAL USE PERMIT FOR TRUCK RENTALS 802951936 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dae Ik Chong for a Conditional Use Permit for truck rentals at the southeast corner of Vrginia Beach Boulevard and North Birdneck Road. Said parcel is located at 1085 Vrginia Beach Boulevard and contains 1.0474 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Approval is for three trucks only. 2. The rental trucks shall not exceed 24 feet in length. The Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Vrginia, on the Twenty eighth of February. Nineteen Hundred and Nine , -Five. Voting: 8-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: Robert K Dean, John D. Moss and Nancy K Parker Council Members Absent: None February 28, 1995 -27- Item IV-H.I.Q. PUBLIC HEARING ITEM # 38864 PLANNING Upon motion by Councilman Jones, seconded by Yce Mayor Sessoms, City Council ADOPTED an Ordinance upon application of CHERYL J. KINNEY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHERYL J. KINNEY FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (BATON TWIRLING CLASSES) 802951937 BE II' HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cheryl J. Kinney for a Conditional Use Permit for a home occupation (baton twirling classes) at the southwest corner of Lavender Lane and Carnation Avenue. Said parcel is located at 553 Lavender Lane and contains 8,837.54 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. Classes shall 6e limited to six (6) students. 2. Classes are to be held only on Saturdays. 3. The conditional use permit is valid for a period of two (2) years. The Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of February Nineteen Hundred and Nine , -Five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 -28- Item IY-I.1. APPOINTMENTS ITEM # 38865 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: PERSONNEL BOARD Michael C. Savvides Janet G Turlington Three Year Term 3/1/95-2/28/98 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 -29- Item IV-I.2. APPOINTMENTS ITEM # 38866 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD February 28, 1995 -30- Item IV-L 3. APPOINTMENTS ITEM # 38867 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: YOUTH SERVICES COORDINATING COUNCIL Jim Woolf Court Services Unit 1-Yr. 3/1/95-2/28/96 Sgt. Ray Greenwood Police Department 2-Yr. 3/I/95-2/28/97 Daniel M. Stone Social Services Dept. 3-Yr. 3/1/95-2/28/98 Pat Davidson Public Health Dept. 1-Yr. 3/1/95-2/28/96 JoAnn Ackerman MH/MR/SA 2-Yr. 3/I/95-2/28/97 Marcie Sims Public Libraries 3-Yr. 3/1/95-2/28/98 Susan Walston Parks & Recreation I-Yr. 3/1/95-2/28/96 Andrew M. Friedman Housing & Neighborhood Preservation 2-Yr. 3/1/95-2/28/97 Sidney Faucette Public Schools Adm. 3-Yr. 3/1/95-2/28/98 David L. McClenney CARE 1-Yr. 3/1/95-2/28/96 John L. Kung CARE 2-Yr. 3/1/95-2/28/97 Ann Phillips Non-Profit Organ. 3-Yr. 3/1/95-2/28/98 James Woods Non-Profit Organ. 1-Yr. 3/1/95-2/28/96 Joe O'Brien Adult Business 2-Yr. 3/1/95-2/28/97 Teressa Stanley Interfaith Group 3-Yr. 3/1/95-2/28/98 Nony E. Abrajano Volunteer Non-Profit 1-Yr. 3/1/95-2/28/96 Phyllis Milette Volunteer Non-Profit 2-Yr. 3/1/95-2/28/97 Scott Sacks Mayor's Youth Council 1-Yr. 3/1/95-2/28/96 Stanley Smith Student 1-Yr. 3/1/95-2/28/96 Sonia Montero Student 1-Yr. 3/1/95-2/28/96 Keesh Tann Student 1-Yr. 3/1/95-2/28/96 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Yzce Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 - 31 - Item IV-J.1. UNFINISHED BUSINESS ITEM # 38868 ADD-ON Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council ADDED to the Agenda: Resolution requesting Governor Allen to postpone the signing of House Bill NO. 1593 until after City Council conducts a Public Hearing on March 7, 1995, and formally votes on whether or not to support the provisions contained therein. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 - 32 - Item IV-J.1. b. UNFINISHED BUSINESS ITEM # 38869 ADD-ON Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council ADOPTED, AS AMENDED*: Resolution requesting Governor Allen to postpone the signing of House Bill NO. 1593 until after City Council conducts a Public Hearing on March 7, 1995, and formally votes on whether or not to support the provisions contained therein. (Sponsored by Council Lady Henley) *On Line 38, the verbiage "no later than March 14, 1995 ; shall be added after the verbiage "..March 7, 1995, and formally votes, " Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 28, 1995 1 RESOLUTION REQUESTING GOVERNOR ALLEN TO 2 POSTPONE THE SIGNING OF HOUSE BILL NO. 1593 3 UNTIL AFTER CITY COUNCIL CONDUCTS A PUBLIC 4 HEARING ON MARCH 7, 1995, AND FORMALLY VOTES 5 ON WHETHER OR NOT TO SUPPORT THE PROVISIONS 6 CONTAINED THEREIN 7 WHEREAS, at an advisory referendum held at the general 8 election in May of 1994, a majority of the qualified voters of the 9 City of Virginia Beach voted in favor of amending the City's 10 existing councilmanic electoral plan to provide for division of the 11 City into seven districts of approximately equal population, with 12 seven members to be elected only by the voters of their respective 13 districts, and three members and the mayor to be elected by and 14 from the City at large; 15 WHEREAS, on October 25, 1995, City Council held a public 16 hearing to determine if the citizens of the City desired the 17 General Assembly to amend the City's existing councilmanic 18 electoral plan in the manner provided above; 19 WHEREAS, pursuant to Section 15.1-835 of the Code of 20 Virginia, City Council, by resolution adopted October 25, 1995, 21 requested the General Assembly to introduce a bill in its 1995 22 Session to amend the City's existing councilmanic electoral plan in 23 the manner provided above; 24 WHEREAS, during its 1995 Session, the General Assembly 25 introduced and adopted House Bill No. 1593, which amends the City's 26 existing councilmanic electoral plan by providing for seven 27 districts of approximately equal population with the members of 28 council being elected in the same manner that they are currently 29 elected; and 30 WHEREAS, City Council would like to afford its citizens 31 an opportunity to appear at a public hearing and comment on House 32 Bill No. 1593 prior to its being signed by Governor Allen. 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 That City Council hereby requests Governor Allen to 36 postpone the signing of House Bill No. 1593 (attached hereto as 37 Exhibit "A") until after City Council conducts a public hearing on 38 March 7, 1995, and formally votes, no later than March 14, 1995, on 39 whether or not to support the provisions contained therein. 40 BE IT FURTHER RESOLVED: 41 That the City Clerk is hereby directed to transmit a 42 certified copy of this Resolution to Governor Allen and to each 43 member of the City's local delegation to the General Assembly. 44 Adopted by the Council of the City of Virginia Beach, 45 Virginia, on the 28 day of February , 1995. 46 CA-5862 47 Noncode\Charter.Res 48 R-4 49 March 1, 1995 2 - 33 - Item IV-K 1. a. NEW BUSINESS ITEM # 38870 COUNCIL-SPONSORED ITEMS The following registered to speak in SUPPORT of the Ordinances: Gerald S. Divaris, 1519 Quail Point Road, Phone: 481-3327 David Ollison, The Urban League, 840 Church Street, Suite 1, Norfoll5 Phone: 627-0864 Leroy Michael Cloud-Butler, 208 Matt Lane, Vrginia Beach 23454, Phone: 422-3340 Sylvia Strickland-Primm, 1504 Colonnade Drive, Vrginia Beach 23451, Phone: 491-8317 Helen P. Shropshire, 5908 Tajo Avenue, Virginia Beach 23455, Phone: 461-3040 Bill Reid, Cellar Door Productions of Yzrginia, Inc. Council Lady Strayhorn distributed correspondence from Gilbert T. Bland President of TymarJ~ (Franchisee of Burger King Corporation), which is hereby made a part of the record. A motion was made by Council Lady Strayhorn, seconded by Councilman Harrison, that City Council ADOPT Ordinance to AMEND and REORDAIN Chapter 2, Article VI, Division 2.5 of the Code of the City of Virginia Beach, Virginia, by DELETING Section 2-220.1 and ADDING Subdivision 4, Sections 2-224.1, 2-224.2, 2-224.3, 2-224.4, 2-224.5, 2-224.6, 2-224.7 and 2-224.8 re Procurement. (Sponsored by Mayor Meyera E. Oberndorf and Council Lady Louisa M. Strayhorn) A motion was made by Vice Mayor Sessoms CALLING FOR THE QUESTION: Voting: 7-4 (MOTION FAILED AS 2/3 VOTE REQUIRED) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., , Louis R. Jones, Mayor Meyera E Oberndorf, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: Robert K Dean, Barbara M. Henley, John D. Moss and Nancy K Parker Council Members Absent: None February 28, 1995 -34- Item IV-K 1. b. NEW BUSINESS ITEM # 38870 (Continued) COUNCIL-SPONSORED ITEMS Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 2, Article VI, Division 2.5 of the Code of the City of Virginia Beach, Vrginia, by DELETING Section 2-220.1 and ADDING Subdivision 4, Sections 2-224.1, 2- 224.2, 2-224.3, 2-224.4, 2-224.5, 2-224.6, 2-224.7 and 2-224.8 re Procurement. (Sponsored by Mayor Meyera E. Oberndorf and Council Lady Louisa M. Strayhorn) Voting: 8-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Yce Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: Robert K Dean, John D. Moss and Nancy K Parker Council Members Absent: None February 28, 1995 Requested by Mayor Meyera E. Oberndorf and Councilmember Louisa M. Strayhorn 1 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, 2 ARTICLE VI, DIVISION 2.5 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, BY DELETING 4 SECTION 2-220.1 AND ADDING SUBDIVISION 4, 5 SECTIONS 2-224.1, 2-224.2, 2-224.3, 2-224.4, 6 2-224.5, 2-224.6, 2-224.7, AND 2-224.8, 7 PERTAINING TO PROCUREMENT 8 WHEREAS, the City reaffirms its commitment to its 9 established policy of equal opportunity and nondiscrimination in 10 procurement, and supports the concept of economic advancement for 11 all of its citizens; 12 WHEREAS, it is the policy of the City to encourage the 13 participation of minority-owned businesses in City procurement 14 activities; 15 WHEREAS, the City will continue to ensure that its 16 procurement opportunities are available to all persons, regardless 17 of race, religion, color, sex, national origin or handicap; 18 WHEREAS, pursuant to State and local law, public 19 contracts may only be awarded to the lowest responsible and 20 responsive bidder, as defined in ~ 2-217.2 of the City Code; and 21 WHEREAS, State and local law also require businesses and 22 individuals who contract with public bodies to be equal opportunity 23 employers and to refrain from discrimination against any employee 24 or applicant for employment; 25 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 That Chapter 2, Article VI, Division 2.5 of the Code of 28 the City of Virginia Beach, Virginia, is hereby amended and 29 reordained by deleting Section 2-220.1 and adding a new Subdivision 30 4 "Discrimination in Contracting Prohibited", consisting of 31 Sections 2-224.1 through 2-224.8, which shall read as follows: 3 2 6 ee~e~--z~'~ e~t~~~-~r~=a~e~---~ 3 3 n,... s.: w ~ ~ ~,a 34 ~e~e~l-e~~rg-p~e~o~re~s-s~a~be i:-n•e-l~r~^a ~''"~uct 36 3 7 e 3 8 ~ J v ~ an-~r-a~~e~ ~ = - - -- - F .. , , ,. -rah---Tie--ee~n-e~e~~.'-n-~Te~--~i ~~.im-i~ra~ 39 ~ ~i ~ ~ ~ ~ 4 0 e r; e~~e -era- -e g ~-1-e~~e~~-e~a i z= d ~ ' ms i , 41 n as s- - -s a-- e~ a-~ -ems-e ~ 4 2 yeas e~ra-b3~-tee e-es~ar~~e-t~e~e~t t ^ ~ ~ ~ - - = -~a-ee~ ; , ~'~, ^ '~„ tg~ees- e--p~e~- e~ 43 ~e-e~e-n~a~e -e~ ears p- , p ,.^ ,,,a .. ~ ~r ~ € = ,.}; t ,.~+-i ~..r~-~, ~hc ~- e~e s- -e~emp• ~. e~r 44 e~~-1-e , i 45 46 , 4 7~~~r~ee~e~s €e~-emp-l-e~e e s--~~a~eed-k --- 48 , 49 50 Tc ~o-~~ees .. ,~, ,..~, ~},. ~,a ,., ;~~t, ,.., ^~d iZ'i 51 a{~61~-a~te@-6~r~i ~e~er-ai-'rz^r"~~3 ~e-6i~-i~E~~~a~~6-ir-Sti, ., , , t.,,. a ,-.,,,,,..,a 5 2 ~~re-rem-€e~t~e--pte s e e~-eeg~e x-er,, , ; '~ __--- _ ""~- n f t~- -.---- - 5 3~~ 5 4 - f -z'~-}-T-~2--~~~a~~e~--*,a-~-~-iaa .. , , , ,a ., ~ ~, .. ~ - ' ~_~ n S e ~ ~~ 2 55 , 5 6 e r-~~-e~ e~rTt en-- th e trs~~-d-ell-ass--F~- , e-~~}tee 57 5 8 Subdivision 4. Discrimination in Contractin_4 Prohibited 59 Section 2-224.1. Definitions. 60 For purposes of this subsection, the following words shall 61 have the meanings ascribed to them in this section: 62 (a) Good faith minority-owned business participation 63 efforts: The sum total of efforts by a particular business to 64 provide for the equitable participation of minority employees and 65 subcontractors in the operations and contracts of such busines 66 ,~ For mast efforts this sum total shall be 67 comprised of the record of minority participation over the past two 68 S2) years through em ployment retention, and promotion; 69 subcontracting or joint ventures in the private sector; or a 70 combination thereof. 71 ii In connection with the performance of a 72 particular City contract good faith efforts shall mean those 73 measures which are proposed to allow equitable participation of 74 minority employees and subcontractors. 75 ~b1 Minority-owned business: A business or other entity 76 that is at least fifty-one (51) percent owned and controlled by one 77 or more socially and economically disadvantaged person(s). For 78 purposes of this definition the term "control" shall mean 79 , exercisin g the power to make policy decisions and being actively 80 involved in day-to-day management. Such disadvantage may arise 81 from cultural racial chronic economic circumstance or background, 82 or other similar cause. Such persons include, but are not limited 83 to, Black Americans, Hispanic Americans, Asian Americans, Eskimos, 84 and Aleuts. 85 ~_c_)_ Minority contractors bid list: A list of 86 contractors who have completed and filed with the Purchasing Agent 87 the City's bidder application indicating that their firm is a 88 minority-owned business. 89 Section 2-224.2 Employment Discrimination by 90 Contractor Prohibited. 91 The following provisions shall be included in every contract 92 of over ten thousand dollars ($10,000.00): 93 (1) During the performance of this contract, the 94 contractor agrees as follows: 95 (a) The contractor will not discriminate against any 96 employee or applicant for employment because of race, religion, 97 color, sex or national origin, except where religion, sex or 98 national origin is a bona fide occupational qualification 99 reasonably necessary to the normal operation of the contractor. 100 The contractor agrees to post in conspicuous places, available to 3 101 employees and applicants for employment notices setting forth the 102 provisions of this nondiscrimination clause. 103 fib) The contractor, in all solicitations or 104 advertisements for employees placed by or on behalf of the 105 contractor will state that such contractor is an equal opportunity 106 employer. 107 (c) Notices advertisements and solicitations placed in 108 accordance with federal law rule or regulation shall be deemed 109 sufficient for the purp ose of meetin g the requirements of this 110 section. 111 (2) The contractor will include the provisions of the 112 foregoing paragraphs a, b, and c in every subcontract or purchase 113 order of over ten thousand dollars ($10,000.00), so that the 114 provisions will be binding upon such subcontractor or vendor. 115 Section 2-224.3. Minority-owned business opportunities - 116 construction contracts - bid requirements. 117 LL The purchasing agent shall maintain a list of 118 minority-owned businesses that are engaged in business as prime 119 construction contractors. Such list shall be provided, upon 120 request, to any interested party. 121 ~bL Notice of every invitation to bid on city 122 construction contracts in excess of fifteen thousand dollars 123 ($15,000) shall be provided to each business included in the 124 bidders list maintained pursuant to subsection (a) of this section. 125 In addition, the purchasing agent shall also forward such notices, 126 upon request, to any minority organization or other interested 127 party. 128 S,c~ Every bid submitted in response to an invitation to 129 bid on a city construction contract in excess of fifteen thousand 130 dollars ($15,000.00) shall be required to contain a statement 131 setting forth the good faith minority-owned business participation 132 efforts which the bidder has undertaken in the past, and which the 133 bidder intends to undertake in connection with performance of the 134 contract. 135 ~dl The purchasing anent shall also maintain a list of 136 minority-owned businesses that are engaged in various fields of 137 construction subcontracting Such list shall be provided to all 138 prospective prime construction contractors upon request; provided, 139 however that the list shall not be deemed to include all available 140 minority subcontractors nor shall it be deemed to constitute an 141 endorsement of the qualifications of any subcontractor included on 142 the list. 143 ~, Prior to final payment all contractors must provide 144 documentation regardincl the actual good faith minority-owned 145 business participation efforts undertaken in connection with the 146 contract. 147 (4) That the City Purchasing Agent maintain a list of 148 minority-owned subcontractors, and provide such list to 149 prospective prime contractors, upon request; and 150 (5) That, prior to receiving final payment, contractors must 151 document the good faith minority-owned business 152 participation efforts they undertook in connection with 153 a City contract. 154 The $15,000 limitation is based upon a State Code requirement 155 that public bodies engage in competitive procurement for any 156 contract expected to exceed that amount. 157 Section 2-224.4. Minority-owned business opportunities - 158 contracts for provision of goods and services. 159 LaZ The purchasing agent shall maintain a list of 160 minority-owned businesses that supply various goods and services. 161 Such list shall be provided, upon request, to any interested party. 162 ~ Solicitations for contracts of more than fifteen 163 thousand dollars ($15 000.00) shall include at least three (3) 164 minority-owned businesses that are included on the list maintained 165 pursuant to subsection (a) of this section and are in the business 166 of supplying goods or services of the kind to be procured, unless 167 the list contains less than three (3) minority-owned businesses 168 which are in the business of supplying goods or services of the 169 kind to be procured. In addition, the purchasincL agent shall 5 170 forward such solicitations upon request, to any minority 171 organization or other interested party. 172 Section 2-224.5. Minority-owned business opportunities - 173 procurement of professional and other than 174 professional services by competitive 175 negotiation 176 177 ~aZ Every for Proposals ("RFP") proposal submitted in response to (Section 2-215.1 of the City Code a Request ) shall be 178 required to contain a statement setting forth the g ood faith 179 minority-owned business participation efforts which the responding 180 party has undertaken in the past and which the responding party 181 intends to undertake in connection with performance of the contract 182 or service. 183 L~ Compliance with the provisions of Section 2-224.2, 184 "Employment discrimination by contractor prohibited," shall be 185 considered in the RFP evaluation and contractor selection process. 186 Section 2-224.6. Responsible and responsive bidder; qualified 187 offeror. 188 The provisions of this subdivision shall be used as criteria 189 in determining whether a bidder is deemed to be responsible and 190 responsive as defined in Section 2-217.2, or whether an offeror is 191 deemed to be fully qualified, and no contract shall be awarded to 192 a bidder or offeror who has not complied with the provisions 193 herein. 194 Section 2-224.7. Public inspection of records. 195 In accordance with the Virginia Freedom of Information Act, a 196 bidder's or contractor's statement of "good faith minority-owned 197 business participation efforts" shall be open to public inspection. 198 Section 2-224.8. Penalties. 199 _(aj_ Any bidder or contractor that intentionally makes a 200 material misrepresentation in connection with any of the 201 information required by this subdivision shall be debarred from 202 contracting with the City for a period of two (21 years from the 203 date of notification of such debarment. 204 ~b1 The debarment of any bidder or contractor pursuant 205 to this subdivision shall be deemed to include the debarment of any 206 successor corporation partnership, firm or other entity controlled 207 or managed by any officer directors partner or controlling 208 shareholder of the debarred bidder or contractor. 209 Adopted by the Council of the City of Virginia Beach, Virginia 210 on the 28th day of February, 1995. 211 ORD-95-2309 212 CA-5252 7 - 35 - Item IV-K 1. b. NEW BUSINESS ITEM # 38870 (Continued) COUNCIL-SPONSORED ITEMS Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 2, Article VI, Division 2.5 of the Code of the City of Virginia Beach, Vrginia, by ADDING Sections 2-224.8, 224.9, and 224.10 to establish a Minority Business Council. (Sponsored by Mayor Meyera E. Oberndorf and Council Lady Louisa M. Strayhorn) Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: John D. Moss and Nancy K Parker Council Members Absent: None February 28, 1995 -35- Item IV-KI.b. NEW BUSINESS ITEM ~ 38870 (Continued) COUNCIL-SPONSORED ITEMS Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 2, Article N Division 2.5 of the Code of the City of Yrginia Beach. Virginia, by ADDING Sections 2-224.8, 224.9, and 224.10 to establish a Minority Business Council. (Sponsored by Mayor Meyers E. Oberndorf and Council Lady Louisa M Strayhorn) Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood D. Branch, III, Robert K Dean, W:Iliam W, Harrison, Jr, Barbara M. Henley, I,~~uis R. Jones, Mayor Meyers F.. Oberndorf, ice Mayor William D. Sessoms•. Jr., and Louisa M. Strayhorn Council Members Voting Nay: John D. Moss and Nancy K Parker Council Members Absent: None February 28, 1995 Requested by Mayor Meyera E. Oberndorf and Councilmember Louisa M. Strayhorn 1 2 AN ORDINANCE TO AMEND AND REORDAIN 3 CHAPTER 2, ARTICLE VI, DIVISION 2.5 4 OF THE CODE OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA, BY ADDING SECTIONS 6 2-224.9, 224.10, AND 224.11 7 PERTAINING TO THE MINORITY BUSINESS g COUNCIL 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Chapter 2, Article VI, Division 2.5 of the Code of the 12 City of Virginia Beach, Virginia, is hereby amended and reordained 13 to read as follows: 14 Sec. 2-224.9. Minority Business Council established; composition; 15 ~pointment and terms of members; etc. 16 S~ There is hereby created the City of Virginia Beach 17 Minority Business Council which shall consist of five (5) members. 18 ~ The members of the Minority Business Council shall be 19 appointed by the City Council for terms of two (2) years. Of those 20 members appointed one (1) member may be a member of City Council. 21 The Minority Business Council shall elect, from among its members, 22 a chairperson and vice-chairperson. 23 ~ Attendance records shall be kept at each meeting of the 24 Minority Business Council, and an annual report of attendance shall 25 be submitted to City Council through the City Clerk's office. No 26 member shall accumulate an annual total of (i) more than three (3) 27 absences or iii) absences exceeding one-fourth of the number of 28 meetings held whichever is lesser, for reasons other than personal 29 illness death or other unusual circumstances. If this limitation 30 is exceeded the chairperson shall report to the City Clerk the 31 name of the Minority Business Council member whose unexcused 32 absences exceed the number set forth herein. The City Clerk shall 33 then notify such member in writing, with copies to the City 34 Council, that, due to absences in excess of the number allowed 35 herein, his or her membership is terminated. Thereafter, the City 36 Clerk shall forward the vacancy to the City Council for appointment 37 of a new Minority Business Council member to serve for the 38 remainder of such terminated member's term. 39 ,~ Notwithstanding the provisions of subsections fib) and (c~ 40 of this section, all members of the Minority Business Council shall 41 serve at the pleasure of City Council. 42 Sec. 2-224.10. Staff assistance; recordation of minutes. 43 u The city's purchasing agent shall serve in an advisory 44 capacity to the Minority Business Council and among other duties 45 shall assist the chairperson of the Minority Business Council in 46 the preparation of meeting agendas. 47 Sec. 2-224.11. Duties, powers and functions. 48 The Minority Business Council shall serve as an advisory 49 agency to the City Manager and the City Council with respect to the 50 city's procurement policies and procedures and shall be vested with 51 the following duties, powers and functions: 52 ja1 To advise the City Manager and the City Council on policy 53 and procedural issues involved in: 54 j1,Z The city's established policy of equal opportunity 55 and nondiscrimination in procurement; 56 57 j2,1 participation The city's continuing efforts of minority-owned businesses in to encourage the city contracts; and 58 _L3.1_ The city's assurance that its procurement 59 opportunities are made available to all persons, regardless of 60 race, religion , color, sex, national origin or handicap. 61 (b) To institute, conduct, and engage in educational and 62 training prog rams to promote minority involvement in the public 63 procurement process. 64 (c) To serve as a forum for the discussion and development of 65 minority awareness of the procurement process. 66 ld1 To provide City Council and the City Manacier with an 67 annual written report of the Minority Business Council's activities 68 on or before December 31st of each year. 69 .u To adopt rules and procedures for the conduct of its 70 affairs. 71 The Minority Business Council shall not be empowered or 72 authorized to ~rovidTadvice or assistance with respect to, or 73 otherwise become involved in, individual procurement solicitations, 74 evaluations, awards, disputes or protests. 75 Adopted by the City Council of the City of Virginia Beach on 76 this 28th day of February, 1995. 77 CA-5856 78 DATA/ORDIN/PROPOSED/MINORITY.2 79 FEBRUARY 22, 1995 80 R9 3 - 36 - Item IV-L.1. NEW BUSINESS ITEM # 38871 BY CONSENSUS, City Council developed the process City Council will follow to appoint a citizen to fill the vacancy created by Councilman Moss' resignation effective March I5, 1995. Interviews of candidates shall be SCHEDULED for March 17, 1995, with a SPECL4L FORMAL SESSION at 2:30 P.M. A Member of City Council can nominate one person to be interviewed. Nominations will close at 5:00 P.M. on March 7, 1995. Nominations will be submitted to the Mayor. Interviews will not exceed one-half hour for each individual candidate. Interviews will be public and televised. At the conclusion of the interviews, City Council will RECESS into Executive Session to discuss the candidates. Upon conclusion of this discussion, a vote will occur to determine who will be the new Council Member. A majority of 6 votes will be required for the successful candidate. February 28, 1995 -37- Item IV-L.2. NEW BUSINESS ITEM # 38872 ADD-ON Mayor Oberndorf will sponsor a document re free inoculation for Rabies March 7, 1995. February 28, 1995 -38- Item IV-L.3. NEW BUSINES5 ITEM # 38873 ADD-ON City Council will RECONSIDER the Ordinance pertaining to TV/VIDEO filming of City Council Sessions during the City Council Session of March l4, 1995. Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the City of Vrginia Beach, Vrginia, re time and place of regular meetings of City Council. February 28, 1995 -39- Item IV-M. ADJOURNMENT ITEM # 38874 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 11:00 P.M. C~ _ _o__y~~. ----__-- Bever~ l O: Hooks CMC Y Chief Deputy City Clerk ~~ -~ Ruth Hodges Smith, CMC/AAE Ciry Clerk City of Virginia Beach Virginia Meyera E. Oberndorf Mayor February 28, 1995