JANUARY 28, 1992 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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JANUARY 28, 1992
ITEM 1. CITY COUNCIL WORKSHOP - Council Chamber 3:3D PM
A. FY 1992-1993 OPERATING BUDGET
1. BUDGET SURVEY
E. Dean Block, Assistant City Manager for Economic Management
ITEM 11. INFORMAL SESSION - Council Chamber - 4:3D PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Ernest @-. Roebuck
Calvary Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSION - January 14, 1992
G. RESOLUTIONS
1. Resolution authorizing the ISSUANCE and SALE of General Obligation
Refunding Bonds, Series of 1992, of the City of Virginia Beach,
Virginia, providing for the form, details and payment thereof, the
refunding of certain bonds of the City and directing the City
Manager to execute the Bond Purchase Agreement and as well as the
Escrow Deposit Agreement.
2. Resolution expressing support for the Virginia Beverage Container
Recycling Act as endorsed and adopted by the Hampton Roads Planning
District -Uommission (1991 Senate Bill 660). (Sponsored by
Mayor Meyera E. Oberndorf)
3. Resolution to expand and restructure the Citizents Advisory
Gommittee, renaming it the Housing and Neighborhood Preservation
Advisory Committee. (Sponsored by Vice-Mayor Robert E. Fentress)
4. Resolution directing the City Manager to review other localities to
determine the use, if any, of term limitations on their respective
local governing body. (Sponsored by Councilman Paul J. Lanteigne)
5. Resolution referring to the Planning Commission proposed Amendments
to Sections 111, 233.1, 401 and 1001 of the City Zoning Ordinance
re firewood preparation facilities. (Sponsored by Councilman
Paul J. Lanteigne)
H. PUBLIC HEARING
1. PLANNING
a. Application of GENERAL RENTAL CO., INC., d/b/a Taylor Rental
Center for a Conditional Use Permit for motor vehicle rental on
the North side of VirginTa Bea h@Boule ard, 650 feet more or
less East of Davis Street (5544 Virginia Beach Boulevard),
containing 1.922 acres (BAYSIDE BOROUGH).
Deferred: December 17, 1991
Recommendation: DENIAL
b. Application of E. EUGENE COOKE to authorize a change in a
nonconforming use at 6102 Oceanfront Avenue (to construct an
addition to the single-family home and replace the flat roof by
installing a pitched root on two existing structures)
(LYNNHAVEN BOROUGH).
Deferred: December 17, 1991
Staff Recommendation: APPROVAL
c. Application of REVEREND JOHN GIMENEZ (ROCK MINISTRIES, INC.)
for a Conditional Use Permit for boarding horses on the South
side o Ind'lan @iver Road, 4600 eet West of West Neck Road
(2865 Indian River Road), containing 24 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
d. Petition of VIRGINIA BEACH MARLIN CLUB, INC. and
WALTER CASON BARCO for the discontinuance. closure and
abandonment of the following par els (VIRGINIA'B .ACH BOROUGH)-.
Parcel 1: Portion of Greensboro Avenue beginning at the
Northwest intersection of Greensboro Avenue and
Mediterranean Avenue, running a distance of 48 feet
along the Northern property line (Southern boundary
of Block 30, Shadow Lawn Heights) and running in a
Southeasterly direction to the Southwest
intersection of Greensboro Avenue and Mediterranean
Avenue, containing 1327 square feet.
Parcel 2: Portion of Mediterranean Avenue, running a distance
of 41 feet along the Eastern property line (Western
boundary of Lot 1, Block 18, Shadow Lawn Heights)
and running in a Northwesterly direction to the
Southwest intersection of Greensboro Avenue and
Mediterranean Avenue, containing 1547 square feet.
Recommendation: APPROVAL
e. Application of NEWTOWN SQUARE ASSOCIATES, a Virginia General
Partnership, for a Conditional Use Permit for a binoo hall in
Unit 2, Newtown S uare Shopp-ing Center (544 N @t wn Road),
containing 10,883 square feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
f. Application of CLAUDE M. SCIALDONE for a Conditional Zonina
District Classification from AG-2 Agricul-rural District to
B-1 Busine s-Res'ldent'ial Dis. ast side of
North Landing Road at tremity of Courthouse Drive
(24 37 North Landing Road), containing 24 306 square feet
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
g. Application of ARAGONA LODGE NO. 1198, LOYAL ORDER OF MOOSE,
INC. for a Conditional Zonina District Classification from
R-7.5 ResidenTial uistrict to 0-2 Offic D'str'lct at the
Northwest cor -r t Lynnhaven Prkay and Laplight Lane on
Lots 34 -37, Block 1 3, Princess Ann, Plaza, containing
1.1161 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
h. Application of DAVID L. and JOAN E. JONES and BLAXTON V. TODD
fora Conditional Zoninq District Classification from
R-20 on the East
side ess South of
Propc eneral Booth Boulevard),
contz ESS ANNE BOROUGH).
Recommendation: APPROVAL
i. Application of PHILIP F. OLAH for a Variance to Section 4.4(b)
of the Subdivision Ordinance which requires all lots created by
subdivision to meet all requirements of the City Zoning
Ordinance, at 6613 Pinewood Court (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
j. Ordinance to AMEND the Master Street and Highway Plan of the
City of Virginia Beach adding, rel cating and deleting certain
roads (Map/plans on file in the Planning Department):
1/5. Holland Road (change)
2. Elbow (Landstown) Road (change)
3. Courthouse Loop Extended (change)
4. Southeastern Expressway (change)
6. Princess Anne Road (change)
7. Residential Collector (delete)
8. Indian River Road (change)
9. Rosemont Road (delete)
10. Oceana Boulevard (define)
11. Dam Neck Road (change)
12. Grayson Road (designate)
Deferred: January 14, 1992
Recommendation: APPROVAL
1- 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. Resolution requesting the General Assembly provide a $250,000 Grant
with the City matching funds from CIP Project 3-002 re design costs
for the Virginia Marine Science Museum Expansion.
2. Resolution directing the Director of Finance to authorize Citibank,
N.A- to issue and deliver a new or duplicate $5,000 General
Obligation Public Improvement Bond, Series 1985, bearing 8.40%
annual rate of interest, to Sterling C. Caldwell and Diane B.
Caldwell of Spartanburg, South Carolina, and Lynchburg, Virginia,
respectively. (Bond Number R-3707 misplaced.)
3. Ordinance declaring a .8015 acre parcel, situated at Princess Anne
Road and Bonney Road, as EXCESS property; and, authorizing the City
Manager to convey same to Murray Wholesale Drug Corporation.
4. Ordinances to ACCEPT and APPROPRIATE to the Department of Mental
Health, Mental Retardation and Substance Abuse FY 1991-1992
Operating Budget:
a. $164,328 from the State Department of Mental Health, Mental
Retardation and Substance Abuse re emotionally disturbed
children and adult supported living services provided by the
Virginia Beach Community Services Board.
b. $29,073 Grant from the Virginia Institute for Developmental
Disabilities at Virginia Commonwealth University re respite
services to families with mentally retarded or developmentally
disabled children provided by the Virginia Beach Community
Services Board.
5. Ordinance to TRANSFER $18,500 within the Department of Mentaf
Health, Mental Retardation and Substance Abuse FY 1991-1992
Operating Budget re purchase of a van to transport individuals
participating in prevention activities.
6. Ordinance to ACCEPT and APPROPRIATE $28,000 Grants from the
Virginia Department of Motor Vehicles to the Virginia Beach Police
Department re selective DUI enforcement, Occupant Protection
Lecture Program, and special trainlng in traffic accident
reconstruction.
7. Ordinance to ACCEPT and APPROPRIATE $250 Donation from the
Kempsvi I le Chapter of the American Association of Retired Persons
to the Community Development Loan and Grant Fund re use in housing
rehabilitation programs.
8. LOW BIDS:
SUBURBAN GRADING & Lynnwood/Michaelwood $1,032,323.75
UTILITIES, INC. Sewerage and Water Facilities
Contracts 18, IIA, and IIB
(CIP 6-948/5-048)
HENDERSON Ocean Lakes Park 298,000.00
INCORPORATED (CIP 4-949)
9. Ordinance authorizing special tax refund in the amount of $504.51.
10. Ordinance authorizing license refunds in the amount of $23,150.12.
J. APPOINTMENT
HUMAN RIGHTS COMMISSION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. FY 1992-1993 OPERATING BUDGET SCHEDULE
M. ADJOURNMENT
SCHEDULE
FY 1992-1993 OPERATING BUDGET
City Council Chamber
TUESDAY, MARCH 31, 1992
PRESENTATION
TUESDAY, APRIL 7, 1992 10:00 AM
WORKSHOP
TUESDAY, APRIL 14 1992 10:00 AM
WO@KSHOP
THURSDAY, APRIL 16, 1992 7:00 PM
**PUBLIC HEARING**
Green Run High School Auditorium
TUESDAY, APRIL 21, 1992 10:00 AM
WORKSHOP
TUESDAY, APRIL 28, 1992 6:00 PM
PUBLIC HEARING
THURSDAY, MAY 7, 1992
RECONCILIATION WORKSHOP
TUESDAY, MAY 12, 1992 2:00 PM
APPROPRIATION ORDINANCES
COUNCIL SESSIONS CANCELLED
MAY 5, 1992
CITY COUNCIL ELECTION DAY
1/23/92 1 bs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginla Beach, Virginia
January 28, 1992
Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for
the CITY COUNCIL WORKSHOP relative the FY 1992-1993 OPERATING BUDGET (BUDGET
SURVEY) in the Council Chamber, City Hall Building, on January 28, 1992, at
3:30 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,@
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Absent:
Nancy K. Parker (OUT OF THE CITY)
- 2 -
C I T Y C 0 U N C I L W 0 R K S H 0 P
FY 1992-1993 OPERATING BUDGET
BUDGET SURVEY
3:30 P.M.
ITEM # 35259
The City Manager distributed the Tabulatlon of Department Head Responses
r
relative ranking each City program as to how close It ,upports the mission of
the City. A summarization of the combined responses, City Council and
Department Heads, was also enclosed.
E. Dean Biock, Assistant City Manager for Economic Management, advised the City
Council survey reflects a strong general consensus on the part of this body as
apparent by the clustering ot the data. The City Council displayed a strong
sense of choice within agencies relative the relationship of the various
programs to the mission. Mr. Biock advised the survey reflected the virtue of
examining programs at a reasonably detailed level and attemptlng to set
priorities.
The Questionnaire Survey provided assistance regarding relationships between
the questions and rankings, areas where there was a consensus and areas
appropriate for further discussion. The City Council feels there are methods
to provide efficiencies In economies In both School and City operations. The
Clty Council provided a strong message to take steps to "root out"
Inefficiencies. At the same time, there Is a strong sense that the City Council
believes the vast majority of City services are effective.
Concerning the approaches of the FY 1992-1993 OPERATING BUDGET, the City
Council did not wish to raise Personal Property Taxes, layoffs would be a last
resort and budget cuts, if necessary, should be made on the basis of priorlties
and programs. Fee Increases might be a potentially acceptable approach to
bringing In additional funds or possibly even shifting programs that are now
partially selt-supported by the General Fund to more of a "pay-as-you-go"
basis. In some areas by Increasing fees, a program could be self-supporting and
no longer a drain in terms of a subsidy from the General Fund. Concerning the
question on the survey whether there should be programs that are self-
supporting which now receive a subsidy trom the General Fund, the City Council
had indicated some of these programs should be examined, 1. e. the Farmer's
Market.
Concerning City employee salaries, City Council indicated their interest and
concern with these issues as important; however, this concern cannot override
the problems faced in terms of maintaining services and avoiding layoffs. There
Is a strong desire to address employee needs, but not at the expense of these
other issues.
The excercise given to City Council involving the allocation ot $1-MILLION
being spent and then cut, reinforced the program rankings, as well as valuable
information was provided concerning this process. Over the last several years,
the Capital Improvement Program has been seen as a priority. Now, there appears
to be a shitt and more of a willingness to scale back, hold off on some of the
projects, and look for ways to build the project a little bit less expensively
In order to preserve jobs and maintain operational services. The surveys
reflected schools should be subject to the same scrutiny, as any City
Department. The schools should not be immune and there are limits on the
commitments. Mr. Block advised there was not much support for wide-spread
privitization. There was support for public-private partnerships, where
appropriate. There was a general preference for not compensating State budget
cuts. The City will face that problem in this budget. The City simply cannot
make up these deficiencies
There was a narrow majority of Council which indicated a preference for some
type of citizen survey concerning how the public feels relative effectiveness
of City services. It appeared, however, the City Council might wish some
Involvement in this process to get a "picturell ot what is going to happen
betore it happens. Overall, this appeared to be a positive process.
- 3 -
C I T Y C 0 U N C I L W 0 R K S H 0 P
FY 1992-1993 OPERATING BUDGET
BUDGET SURVEY
ITEM # 35259 (Continued)
Mr. Block advised there was very seldom two category gaps between the City
Council and Department Head's survey. Thls survey is not about a fact, It is
about perception, attitude, opinlon and judgment.
Mr. Block advised one ot the areas where the City Council believed the
efficiencies of the services could be improved was the City's Inspections and
regulatory services.
Councilman Baum referenced his request to the City Attorney to explore the
possibility of an Advisory Referendum in thi5 May Councilmanic Election
concernlng tax increases for either school pay or buildings.
Mr. Block advlsed the information was disseminated by Budget and they made
themselves available for discussion with individual departments. Information
was utilized to do some contingency planning. City Staff has gone back to the
agencies that did not enjoy the favorable rating and asked them how they would
respond to a worst case scenario.
Mr. Block advised methods are being Investigated, it employees were being
transltloned, to identify ways to reduce the contractlonal or consultant
services. These services might possibly be handled by a City employee and
thus keep the dollars "at home", Instead ot spending them outside the City or
State.
Mayor Oberndorf referenced the FY 1992-1993 OPERATING BUDGET SCHEDULE and the
Amendment to City Code Section 1-27 deleting the requirement for two Readings
of appropriation and tax levy ordinances.
Tuesday, March 31, 1992 SPECIAL SESSION
PRESENTATION
Tuesday, April 7, 1992 WORKSHOP
10:00 A.M.
Tuesday, April 14, 1992 WORKSHOP
10:00 A.M.
Thursday, April 16, 1992 PUBLIC HEARING
Green Run High School
7:00 P.M.
Tuesday, April 21, 1992 WORKSHOP
10:00 A.M.
Tuesday, April 28, 1992 PUBLIC HEARING
6:00 P.M.
Thursday, May 7, 1992 RECONCILIATION WORKSHOP
Tuesday, May 12, 1992 APPROPRIATION ORDINANCES
2:00 P.M.
Mayor Oberndorf and Councilwoman McCianan believed the City Council Session of
May 12, 1992, should be an advertised PUBLIC HEARING, as well as the FINAL
ADOPTION of the Ordinances.
Concerning the PUBLIC HEARING on April 28, 1992, in the Council Chamber, the
City Manager will examine options available for another location.
- 4 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 35260
Mayor Oberndorf referenced THE BEACON cover story ot January 15, 1992,
concerning Interviews with new School Board Members. Mrs. Andrea Whitehurst, a
Teacher at North Landing School, had forwarded this article to the Mayor and
requested she distribute same to Members of City Council for their perusal.
ITEM # 35261
Mayor Oberndorf advised City and State Magazine ranked Virginia Beach among
cities throughout the nation who are most positively handling their budgeting
as well as the bond rating and standings.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 35262
Councilwoman McClanan distributed the article from the Richmond Times Dispatch
concerning the evaluation ot the Erosion and Sedimentation Law of al I the
localities In the State. The scores on enforcement range from "O" to "19". Two
localities in the State were rated 1119": Virginia Beach and James City County.
ITEM # 35263
City Council referenced the Resolution to expand and restructure the Citizen's
Advisory Committee, renaming it the Houslng and Neighborhood Preservation
Advisory Committee (See Item 111-G.3 of Resolutions). Maryanne Ustick, Director
ot Housing and Neighborhood Preservation, will advise the concept ot this
restructuring and those representatives of the TARGET NEIGHBORHOODS will voice
their concerns. City Council will consider WITHDRAWAL of this Resolution.
ITEM # 35264
BY CONSENSUS, City Council chose to RESCHEDULE appointments to the HUMAN RIGHTS
COMMISSION.
- 6 -
ITEM # 35265
The INFORMAL SESSTON of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on
Tuesday, January 28, 1992, at 5:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Absent:
Nancy K. Parker
- 7 -
ITEM # 35266
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, discipilning, or resignation of specific
public ofticers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Human Rights Commission
Personnel Board
Citizen's Advisory Committee
2. LEGAL MATTERS: Consultation with legal counsel or brieflngs by staff
members, consultants or attorneys pertaining to actual or probable
I ltigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
1. To-Wit: Lake Gaston Litigation Matters:
Roanoke River Basin Association, et als V. Hudson
State of North Carolina v. (;!ty of Virginia Beach
City of Virginia each v. Lacy H Thornburg
City of Virginia Beach v. Champion International
Mecklenburg County v. City of Virginia Beach
2. Water Resource Supply Legal Issues
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf and Wi I liam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Nancy K. Parker
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 28, 1992
6:05 P.M.
Mayor Meyera E. Oberndort cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci 1 Chambers, City Hal I Bul Iding, on Tuesday,
January 28, 1992, at 6:05 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCi anan, Mayor Meyera E. Oberndort and Wi I I i am D.
Sessoms, Jr.
Council Members Absent:
Nancy K. Parker
INVOCATION: Reverend Ernest G. Roebuck
Calvary Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 9 -
Item III-E.l.
ANNOUNCEMENT ITEM # 35267
Mayor Oberndorf requested Reverend Roebuck remember in his prayers, former
Councilman John L. Perry. Mr. Perry's daughter called the Mayor last night,
advising her father had lapsed into a Coma and was in Bayside Hospital.
I
- 10 -
Item III-E.2.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 35268
Upon motion by Counci lman Clyburn, seconded by Counci iman Heischober, 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 pub l ic business matters as were
identified In the motion convening the Executive
Session were heard, discussed or considered by
Virginia,Beach City Council.
Appointments were not discussed In Executive Session.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Wil liam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
41,
Xr,ooluttolt -
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 # 35266,
Page No. 7 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 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.
Rgth Hodges Smith, CMC/AAE
@ity Clerk January 28, 1992
Item 111-F.I.
MINUTES ITEM 35269
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January 14,
1992.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 12 -
Item Ill-G.l.
RESOLUTIONS ITEM # 35270
George B. Pugh, Jr., Executive Vice President and Managing Director, Graigie,
Incorporated, Post Office Box 1854, Richmond, Virginia Phone: 649-3932,
presented the proposal to purchase the Refunding Bonds, the City Council
previously authorized the City Staff to pursue. The Refunding encompasses the
issuance of $37,590,000 General Obligatlon Bonds of the City, which will
refund $33,905,000, previously issued bonds. This includes several issues from
1982, 1984, 1985 and 1987. The resulting savings in debt service to the City
as a result of this transaction will total $2,472,799 over the term of the
bonds and on a present value discounting basis, that represents $1,837,682 or
5.42% ot the bonds being refunded, a very favorable ratio. The bonds are being
sold today at a true interest cost of 5.59%.
Upon motion by Councilman Heischober, seconded by Councilman Jones, City
Council ADOPTED:
Resolution authorizing the ISSUANCE and SALE of
$37,590,000, General Obligation Refunding Bonds,
Series of 1992, of the City of Virginia Beach,
Virginia, providing for the form, details and
payment thereof, the refunding of certain bonds of
the City and directing the City Manager to execute
the Bond Purchase Agreement as well as the Escrow
Deposit Agreement.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William 0.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
At a regular meeting of the City Council of the City of
virginia Beach, Virginia, held on January 28, 1992, at the time and
place established by the City for such meetings, at which the
following members were present and absent:
PRESENT:
John A. Baum Louis R. Jones
James W. Brazier, Jr. Paul J. Lanteigne
Robert W. Clyburn Reba S. McClanan
Vice Mayor Robert E. Fentress Mayor Meyera E. Oberndorf
Harold Heischober William D. Sessoms, Jr.
ABSENT:
Nancy K. Parker
the following resolution was adopted by the affirmative roll-call
vote of a majority of the members of the Council, the ayes and nays
being recorded in the minutes of the meeting as shown below:
MEMBER VOTE
John A. Baum Aye
James W. Brazier, Jr. Aye
Robert W. Clyburn Aye
Vice Mayor Robert E. Fentress Aye
Harold Heischober Aye
Louis R. Jones Aye
Paul J. Lanteigne Aye
Reba S. McClanan Aye
Mayor Meyera E. Oberndorf Aye
William D. Sessoms, Jr. Aye
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$37,590,000 GENERAL OBLIGATION REFUNDING BONDS,
SERIES OF 1992, OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, AND PROVIDING FOR THE FORM, DETAILS AND
PAYMENT THEREOF AND PROVIDING FOR THE REFUNDING OF
CERTAIN BONDS OF THE CITY
WHEREAS, the City of Virginia Beach, Virginia (the "City"),
has the following bond issues outstanding:
(a) General Obligation Road Bonds, Series of 1982, dated
December 1, 1982, in the aggregate outstanding principal amount of
$195,000 (the 111982 Road Bonds");
(b) General obligation Public Improvement Bonds, Series of
1982, dated Deceinber 1, 1982, in the aggregate outstanding
principal amount of $3,105,000 (the "1982 Public Improvement
Bonds") ;
(c) General obligation Water and Sewer Bonds, Series of 1982,
dated December 1, 1982, in the aggregate outstanding principal
amount of $1,200,000 (the 111982 Water and Sewer Bonds");
(d) Public Improvement Bonds, Series of 1984, dated July 15,
1984, in the aggregate outstanding principal amount of $5,755,000
(the 111984 Public Improvement Bonds");
(e) Water and Sewer Bonds, Series of 1984, dated July 15,
1984, in the aggregate outstanding principal amount of $3,740,000
(the 111984 Water and Sewer Bonds");
(f) General Obligation Public Improvement Bonds, Series of
1985, dated February 1, 1985, in the aggregate outstanding
principal amount of $15,945,000 (the 111985 Public Improvement
Bonds");
(g) General Obligation Water and Sewer Bonds, Series of 1985,
dated February 1, 1985, in the aggregate outstanding principal
amount of $4,260,000 (the 111985 Water and Sewer Bonds");
(h) General obligation Public Improvement Bonds, Series of
1987, dated May 15, 1987, in the aggregate principal amount of
$34,075,000 (the 111987 Public Improvement Bonds"); and
WHEREAS, it appears that the City can effect considerable
savings by issuing its general obligation refunding bonds in the
amount of $37,590,000 (the "Bonds") to refund the following
maturities of the following bond issues (collectively, the
"Refunded Bondsto):
(a) the 1982 Road Bonds maturing on November 1, 1993 and 1994,
in the aggregate principal amount of $130,000 (the "Refunded 1982
Road Bonds");
(b) the 1982 Public Improvement Bonds maturing on November 1,
1993 and 1994, in the aggregate principal amount of $2,070,000 (the
"Refunded 1982 Public Improvement Bonds");
(c) the 1982 Water and Sewer Bonds maturing on November 1,
1993 and 1994, in the aggregate principal amount of $800,000 (the
"Refunded 1982 Water and Sewer Bondsil);
(d) the 1984 Public Improvement Bonds maturing-on July 15,
1995 and 1996, in the aggregate principal amount of $2,620,000 (the
"Refunded 1984 Public Improvement Bonds");
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(e) the 1984 Water and Sewer Bonds maturing on July 15, 1995
and 1996, in the aggregate principal amount of $1,700,000 (the
"Refunded 1984 Water and Sewer Bonds");
(f) the 1985 Public Improvement Bonds maturing on February 1,
1996 through 2001, in the aggregate principal amount of $10,995,000
(the "Refunded 1985 Public Improvement Bonds.");
(g) the 1985 Water and Sewer Bonds maturing on August 1, 1996
through 2000, in the aggregate principal amount of $2,530,000 (the
"Refunded 1985 Water and Sewer Bondsit);
(h) the 1987 General obligation Public Improvement Bonds
maturing on May 1, 2001 through 2007, in the aggregate principal
amount of $13,060,000 (the "Refunded 1987 Public Improvement
Bonds"); and
WHEgEAS, on January 22, 1992, the issuance of the Bonds to
refund the Refunded Bonds was approved by the State Council on
Local Debt as required by Section 15.1-227.46 of the Code of
Virginia of 1950, as amended; and
WHEREAS, there have been presented to this meeting forms of
the following documents proposed in connection with the issuance
and sale of the Bonds:
(a) A Bond Purchase Agreement dated January 28, 1992 (the
"Bond Purchase Agreement"), between the City and Craigie
Incorporated, PaineWebber Incorporated, Shearson Lehman Brothers
Inc., scott & Stringfellow Investment Corp. and Wheat, First
Securities, Inc. (the "Underwriters"), setting forth the terms of
the Bonds, the purchase price of the Bonds and the conditions
pursuant to which they will be sold to the Underwriters;
(b) A Preliminary Official Statement of the City dated
January 22, 1992 (the "Preliminary Official Statement"), with
respect to the offering of the Bonds; and
(c) An Escrow Deposit Agreement to be dated as of February 1,
1992 (the "Escrow Agreement") , between the City and Citibank, N.A. ,
New York, New York, as Escrow Agent (the "Escrow Agent"), providing
for the deposit and investment of bond proceeds for the refunding;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. Issuance and Sale. There shall be issued and sold
$37,590,000 Bonds to provide funds to (a) refund the Refunded
Bonds, including funds to pay the principal of and redemption
premium and interest on the Refunded Bonds until their redemption,
and (b) pay costs incurred in connection with refunding the
Refunded Bonds and issuing the Bonds.
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2 Bond Details. The Bonds shall be designated "General
obligation Refunding Bonds, Series of 1992,11 shall be dated
February i, 1992, shall be in fully registered form, in
denominations of $5, 000 and multiples thereof and shall be numbered
R-1 upward. The Bonds shall bear interest at rates and shall
mature in installments on the dates and in the amounts as follows:
Interest Interest
MaturitV Amount Rate Maturity Amount Rate
8/1/1992 $ 315,000 2.75% 8/1/1998 $ 655,000 5.10%
2/1/1993 295,000 3.25 2/1/1999 2,165,000 5.25
8/1/1993 1,790,000 3.25 8/1/1999 700,000 5.25
2/1/1994 300,000 4.00 2/1/2000 2,215,000 5.40
8/1/1994 1,710,000 4.00 2/1/2001 4,120,000 5.55
2/1/1995 310,000 4.40 2/1/2002 2,105,000 5.70
8/1/1995 2,225,000 4.40 2/1/2003 1,880,000 5.80
2/1/1996 1,840,000 4.70 2/1/2004 1,950,000 5.90
8/1/1996 2,850,000 4.70 2/1/2005 1,910,000 5.90
2/1/1997 1,935,000 4.90 2/1/2006 1,990,000 6.00
8/1/1997 615,000 4.90 2/1/2007 1,665,000 6.00
2/1/1998 2,050,000 5.10
Interest on each Bond shall be payable semiannually on
February 1 and August 1, beginning August 1, 1992, (a) from
February 1, 1992, if it is authenticated prior to August 1, 1992,
or (b) otherwise from the February 1 or August 1 that is, or
immediately precedes, the date on which it is authenticated (unless
payment of interest thereon is in default, in which case such Bond
shall bear interest from the date to which interest has been paid) .
Initially, one Bond certificate for each maturity shall be
issued to The Depository Trust Company, New York, New York (IIDTCII),
which is designated as the securities depository for the Bonds, or
its nominee, and immobilized in its custody. So long as DTC is
acting as securities depository for the Bonds, a book entry system
shall be employed, evidencing ownership of the Bonds in principal
amounts of $5, 000 or multiples thereof, with transfers of ownership
effected on the records of DTC and its participants pursuant to
rules and procedures established by DTC and its participants.
Interest on the Bonds shall be payable in clearinghouse funds to
DTC or its nominee as registered owner of the Bonds. Principal,
redemption premium, if any, and interest shall be payable in lawful
money of the United States of America by the Registrar, as
hereinafter defined. Transfer of principal and interest payments
to participants of DTC shall be the responsibility of DTC; transfer
of principal and interest payments to beneficial owners by
participants of DTC shall be the responsibility of such parti-
cipants and other nominees of beneficial owners. The City shall
not be responsible or liable for maintaining, supervising or
reviewing the records maintained by DTC, its participants or
persons acting through such participants.
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In the event that (a) DTC determines not to continue to act as
securities depository for the Bonds, (b) the chief financial
officer of the City determines that DTC is incapable of discharging
its duties or that continuation with DTC as securities depository
is not in the best interest of the City, or (c) the chief financial
officer of the City determines that continuation of the book entry
system of evidence of ownership and transfer of ownership of the
Bonds is not in the best interest of the City or the benef icial
owners of the Bonds, the city shall discontinue the book entry
system with DTC. If the City fails to identify another qualified
securities depository to replace DTC, the City shall authenticate
and deliver replacement bonds in the form of fully registered
certificates to the beneficial owners or to the DTC participants on
behalf of beneficial owners, substantially in the forra as set forth
in paragraph 5 with such variations, omissions or insertions as are
necessary or desirable in the delivery of replacement certificates
in printed form, and registration of transfer of the Bonds shall be
permitted as described in paragraph 7.
So long as DTC is the securities depository for the Bonds (a)
it shall be the registered owner of the Bonds, (b) transfers of
ownership and exchanges shall be effected on the records of DTC and
its participants pursuant to rules and procedures established by
DTC and its participants, and (c) references in this resolution to
registered owners or holders of the Bonds shall mean DTC or its
nominee and shall not mean the beneficial owners of the tonds.
3. Redemption Provisions. Bonds maturing on or before
February 1, 2002, are not subject to redemption prior to maturity.
Bonds maturing on or after February 1, 2003, are subject to
redemption prior to maturity at the option of the City on or after
February 1, 2002, in whole at any time or in part on any interest
payment date, upon payment of the following redemption prices
(expressed as a percentage of principal amount of Bonds to be
redeemed) plus interest accrued and unpaid to the redemption date:
Period During Which Redeemed Redemption
Both Date Inclusive Price
February 1, 2002 to January 31, 2003 102 %
February 1, 2003 to January 31, 2004 101
February 1, 2004 to and thereafter 100
If less than all of the Bonds are called for redemption, the
maturities of Bonds to be redeemed will be selected by the chief
financial officer of the City in such manner as he may determine to
be in the best interest of the City. If less than all the Bonds of
a particular maturity are called for redemption, the Bonds within
such maturity to be- redeemed will be selected by DTC or any
successor securities depository pursuant to its rules and proce-
dures or, if the book entry system is discontinued, will be
selected by the Registrar by lot in such manner as the Registrar in
its discretion may determine. In either case, (a) the portion of
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any Bond to be redeemed shall be in the principal amount of $5,000
or some integral multiple thereof and (b) in selecting Bonds for
redemption, each Bond shall be considered as representing that
number of Bonds that is obtained by dividing the principal amount
of such Bond by $5,000. The City will cause notice of the call for
redemption identifying the Bonds or portions thereof to be redeemed
to be sent by registered or certified M&il, not less than 30 nor
more than 60 days prior to the redemption date, to DTC or its
nominee as the registered owner thereof. The City will not be
responsible for mailing notice of redemption to anyone other than
DTC or another qualified securities depository or its nominee
unless no qualified securities depository is the registered owner
of the Bonds. If no qualified securities depository is the
registered owner of the Bonds, notice of redemption will be mailed
to the registered owners of the Bonds. If a portion of a Bond is
called for redemption, a new Bond in principal amount equal to the
unredeemed portion thereof will be issued to the registered owner
upon the surrender hereof.
4. Execution and Authentication. The Bonds shall be signed
by the manual or facsimile signature of the Mayor, shall be
countersigned by the manual or facsimile signature of the Clerk,
and the City's seal shall be affixed thereto or a facsimile thereof
printed thereon. No Bond signed by facsimile signatures shall be
valid until it has been authenticated by the raanual signature of an
authorized officer or employee of the Registrar and the date of
authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the
following form:
REGISTERED REGISTERED
No. R-- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General obligation Refunding Bond, series of 1992
INTEREST RATE MATURITY DATE DATED DATE CUSIP
February 1, 1992
REGISTERED OWNER:
PRI.NCIPAL AMOUNT: DOLIARS
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The City of Virginia Beach, Virginia (the "City"), for value
received, promises to pay, upon surrender hereof, to the registered
.owner thereof, or registered asgigns or legal representative, the
principal sum stated above on the maturity date stated above, and
to pay interest hereon semiannually on each February 1 and August
1, beginning August 1, 1992, at the annual rate stated above.
Interest is payable (a) from February 1, 1992, if this bond is
authenticated prior to August 1, 1992, or (b) otherwise from the
February I or August I that is, or immediately precedes, the date
on which this bond is authenticated (unless payment of interest
hereon is in default, in which case this bond shall bear interest
from the date to which interest has been paid). Principal and
interest are payable in lawful money of the United States of
America by the City Treasurer, who has been appointed paying agent
and registrar for the bonds, or at such bank or trust company as
may be appointed as successor paying agent and registrar by the
City (the "Registrar").
Notwithstanding any other provision hereof, this bond is
subject to a book-entry system maintained by The Depository Trust
Company (IIDTCII) , and the payment of principal and interest, the
providing of notices and other matters shall be made as described
in the City's Letter of Representations to DTC.
This bond is one of an issue of $37,590,000 General Obligation
Refunding Bonds, Series of 1992, of like date and tenor, except as
to number, denomination, rate of interest and maturity, issued
pursuant to a resolution adopted by the City Council on January 28,
1992, and the Constitution and statutes of the Commonwealth of
Virginia, including the City Charter and the Public Finance Act of
1991, to provide funds to refund the City's (a) General obligation
Road Bonds, Series of 1982, maturing on November 1, 1993 and 1994,
in the aggregate principal amount of $130,000; (b) General
Obligation Public Improvement Bonds, Series of 1982, maturing on
November 1, 1993 and 1994, in the aggregate principal amount of
$2,070,000; (c) General obligation Water and Sewer Bonds, Series of
1982, maturing on November 1, 1993 and 1994, in the aggregate
principal amount of $800,000; (d) Public Improvement Bonds, Series
of 1984, maturing on July 15, 1995 and 1996, in the aggregate
principal amount of $2,620,000; (e) Water and Sewer Bonds, Series
of 1984, maturing on July 15, 1995 and 1996, in the aggregate
principal amount of $1,700,000; (f) General Obligation Public
Improvement Bonds, Series of 1985, maturing on February 1, 1996
through 2001, in the aggregate principal amount of $10,995,000; (g)
General obligation Water and Sewer Bonds, Series of 1985, maturing
on August 1, 1996 through 2000, in the aggregate principal amount
of $2,530,000; and (h) General Obligation Public Improvement Bonds,
Series of 1985, maturing on May 1, 2001 through 2007, in the
aggregate principal amouht of $13,060,000.
Bonds maturing on or before February 1, 2002, are not subject
to redemption prior to maturity. Bonds maturing on or after
February 1, 2003, are subject to redemption prior to maturity at
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the option of the City on or after February 1, 2002, in whole at
any time or in part on any interest payment date, upon payment of
the following redemption prices (expressed as a percentage of
principal amount of bonds to be redeemed) plus interest accrued and
unpaid to the redemption date:
Period During Which Redeemed Redemption
Both Dates inclusive Price
February 1, 2002 to January 31, 2003 102
February 1, 2003 to January 31, 2004 101
February 1, 2004 and thereafter 100
If less than all of the bonds are called for redemption, the
bonds to be redeemed will be selected by the chief f inancial
officer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the bonds of a
particular maturity are called for redemption, the bonds within
such maturity to be redeeraed will be selected by DTC or any
successor securities depository pursuant to its rules and proce-
dures or, if the book entry system is discontinued, will be
selected by the Registrar by lot in such manner as the Registrar in
its discretion may determine. In either case, (a) the portion of
any bond to be redeemed shall be in the principal amount of $5,000
or some integral multiple thereof and (b) in selecting bonds for
redemption, each bond shall be considered as representing that
number of bonds that is obtained by dividing the principal amount
of such bond by $5,000. The City will cause notice of the call for
redemption identifying the bonds or portions thereof to be redeemed
to be sent by registered or certified mail, not less than 30 nor
more than 60 days prior to the redemption date, to DTC or its
nominee as the registered owner thereof.
The full faith and credit of the City are irrevocably pledged
for the payment of principal of and premium, if any, and interest
on this bond.
The Registrar shall treat the registered owner of this bond as
the person exclusively entitled to payment of principal of and
interest on this bond and the exercise of all other rights and
powers of the owner, except that interest payments shall be Tnade to
the person shown as the owner on the 15th day of the month
preceding each interest payment date.
All acts, conditions and things required by the Constitution
and statutes of the Commonwealth of Virginia to happen, exist or be
performed precedent to and in the issuance of this bond have
happened, exist and have been performed, and the issue of the bonds
of which this bond is one, together with 'all other indebtedness of
the City, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
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liq WITNESS WHEREOF, the City of virginia Beach, Virginia, has
caused this bond to be signed by the Mayor, to be countersigned by
its Clerk, its seal to be affixed hereto and this bond to be dated
February 1, 1992.
COUNTERSIGNED:
(SEAL) Mayr, Clty @ yi@ginia
cler Beach, Virginia
Be
ASsiGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s)
and transfer(s) unto
[PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:]
(Ple e name
Transferee)
the within bond and all rights thereunder, hereby irrevocably
constituting and appointing fer
with full
sal(
power of substit ion in the premises.
Dated:
Signature Guaranteed
OTIcE-. Signatu er
guaranteed by a metab r f rm e
of the New York Stock ame
Exchange or a commercial bank of the registered owner as it
or trust company. appears on the front of this
bond in every particular,
without alteration or
enlargement or any change
whatsoever.
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6. Pledge of pul.1 paith and Credit. The full efnatitohf tahned
principal I
credit of the City are irrevocably P edgedinftoerretshte opaymthe Bonds.
of and premium, if any, and
Unless other funds are lawfully available and appropriated for
timely payment of the Bonds, the Council shall levy and collect an
annual ad valorem tax, over and above all other taxes authorized or
limited by law '. on all locally taxable property in the City
sufficient to pay when due the principal of and interest on the
Bonds.
7. Registration, Transfer and Owners of Bonds. The City
Treasurer is appointed paying agent and registrar of the Bonds (the
"Registrar"). If no qualified securities depository is the
registered owner of the Bonds, the City may appoint a qualified
bank or trust company as successor Registrar. The Registrar shall
maintain registration books for the registration and exchange of
Bonds. Upon presentation and surrender of any Bond to the
Registrar, at i@s corporate trust office if the Registrar is a bank
or trust company ', together with an assignment duly executed by the
registered owner or his duly authorized attorney or legal
representative in such form as shall be satisfactory to the
Registrar, the City shall execute, and the Registrar shall
authenticate and deliver in exchange, a new Bond or Bonds having an
equal aggregate principal amount, in authorized denominations, of
the same form and maturity, bearing interest at the same rate and
registered in the name as requested by the then rea--istered owner
thereof or its duly authorized attorney or legal representative.
Any such exchange shall be at the expense of the City, except that
the Registrar may charge the person requesting such exchange the
amount of any tax or governmental charge required to be paid with
respect thereto.
The Registrar shall treat the registered owner as the person
or entity exclusively entitled to payment of principa preinium, if
and interest and the exercise of all other rig l@
any, h s and powers
of the owner, except that interest payments shall be made to the
person or entity shown as owner on the registration books on the
15th day of the month preceding the interest payment date.
8. Sale and Award of Bonds. The city authorizes the sale of
the Bonds to the Underwriters in accordance with the terms of this
resolution and the Bond Purchase Agreement. The Cit'y Manager is
hereby authorized and directed to execute the Bond Purchase
Agreement in the form presented to this meeting and deliver it to
the Underwriters.
9. Final Official Statement. The City Manager is authorized
and directed to execute an Official Statement in final form and
deliver it to the Underwriters. The official Statement shall be in
substantially the form of the Preliminary Official Statement
submitted to this meeting, with such completions, omissions,
insertions and other changes as may be approved by the City
Manager, in collaboration with the City's financial advisors and
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the Underwriters, the execution thereof by the City Manager to
constitute conclusive evidence of their approval of any such
completions, OMissions, insertions and changes. The Underwriters
are authorized to distribute the official Statement to Prospective
purchasers of the Bonds, such distribution being conclusive
evidence that it has been deemed final b the city as of its date
within the meaning of Rule 15c2-12 of they securities and Exchange
Commission.
10. Escrow Agreement. The City Manager, the City Treasurer
and the City's Director of Fj.-nance, or any of them, are hereby
authorized and directed to execute the Escrow Agr@ement. The
Escrow Agreement shall be in substantially the form submitted to
this meeting, with such coinpletions, omissions, insertions and
other changes as may be approved by the Citv Manager, the City
Treasurer and the City's Director of Finance, 'i-n collaboration with
the City's bond counsel, the execution thereof by the City Manager,
the City Treasurer and the City's Director of Finance, or any of
them, to constitute conclusive evidence of their approval of any
such completions ', omissions, insertions and changes. The Escrow
Agreement shall provide for the irrevocable deposit of a portion of
the proceeds of t@e Bonds (the "Refunding Portion") which will be
sufficient, when invested in noncallable direct obligations of the
United States Government to provide for payment of principal of and
premium and interest on the Refunded Bonas; provided, however, that
such funds shall be invested in such manner that none of the Bonds
wil,l be "arbitrage bonds" within the meaning of Section 148 of the
Internal Revenue Code of 1986, as amended, and regulations issued
pursuant thereto (the "Codell).
11. Deposit of Bond Proceeds. The City Treasurer is hereby
authorized and directed to provide for the deliverv of the
Refunding Portion to the Escrow Agent for deposit in t-he escrow
fund established by the Escrow Agreement, and to provide for the
deposit of the remaining proceeds of the Bonds in a special account
to be used to finance the costs of refunding the Refunded Bonds and
issuing the Bonds. The City Treasurer is further authorized and
directed to take all such further action as may be necessary or
desirable in connection with the payment and redemption of the
Refunded Bonds.
12. Redemption of Refunded Bonds. The Refunded 1982 Road
Bonds, the Refunded 1982 Public Improvement Bonds and the Refunded
1982 Water and Sewer Bonds are specifically and irrevocably called
for redemption on November 1, 1992. The Refunded 1984 Public
Improvement Bonds and the Refunded 1984 Water and Sewer Bonds are
specifically and irrevocably called for redemption on July 15,
1994. The Refunded 1985 Public Improvement Bonds and the Refunded
1985 Water and Sewer Bonds are specifically and irrevocably called
for redemption on February 1, 1995. The Refunded 1987 Public
Improvement Bonds are specifically and irrevocably called for
redemption on May 1, 1997.
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13. Notice of Redemptio, of Refunded Bonds. The Escrow
Agreement shall provide for publicatio, of notice that the Refunded
Bonds have been refunded ana will be redeemed Qn their respective
redemption dates. The Escrbw Agreement shall further Provide for
(a) notice of the call for redemption of the Refunded 1982 Road
Bonds, the Refunded 1982 Public Improvement Bonds and the Refunded
1982 Water and Sewer Bonds to be published twice in both a
financial journal in the City of New York, New York, and a
newspaper of general circulation publish@d in the City of Richmond,
Virginia, the first publications of which shall appear not less
than 30 days nor more than 60 days prior to November 1, 1992, and
(b) written notice of the call for redemption to be sent by
registered or certified mail to (i) any owners of the Refunded 1982
Road Bonds, the Refunded 1982 Public Improvement Bonds and the
Refunded 1982 Water and Sewer Bonds that have registered their
names with Signet Trust Company as paying agent for such bonds, not
less than 30 days nor more than 60 days prior to Novernber 1, 1992,
and (ii) the registered owners of the Refunded 1984 Public
Improvement Bonds, the Refunded 1984 Water and Sewer Bonds, the
Refunded 1985 Public Improvement Bonds, the Refunded 1985 Water and
Sewer Bonds and the Refunded 1987 Public Improvement Bonds, not
less than 30 days nor more than 60 days prior to their respective
redemption dates set forth in paragraph 12.
14. Preparation and Delivery of Bonds. After the Bonds have
been sold, the officers of the City are hereby authorized and
directed to take all proper steps to have the Bonds prepared and
executed in accordance with their terms and to deliver the Bonds to
the Underwriter upon payment therefor.
15. Arbitrage Covenants. (a) The City represents that there
have not been issued, and covenants that there will not be issued,
any obligations that would be treated as part of the same issue of
obligations as the Bonds within the meaning of Treasury Regulations
Section 1.103-13(b)(10).
(b) The City shall not take or omit to take any action the
taking or omission of which will cause the Bonds to be "arbitrage
bonds" within the meaning of Section 148 of the Code and
regulations issued pursuant thereto, or otherwise cause interest on
the Bonds to be includable in the gross income of the registered
owners thereof under existing statutes. Without limiting the
generality of the foregoing, the City shall comply with any
provision of law which may require the City at any time to rebate
to the United States any part of the earnings derived from the
investment of the gross proceeds of the Bonds, unless the City
receives an opinion of nationally recognized bond counsel that such
compliance is not required to prevent interest on the Bonds from
being includable in the gross income of the registered owners
thereof under existing statutes.
16. Non-Arbitrage Certificate and Elections. Such officers
of the City as may be requested are hereby authorized and directed
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to execu@,2 an appropriate certificate setting forth the expected
use and Investment of the proceeds of the Bonds in order to show
that such expected use and investment will nOt violate the
provisions of Section 14E3 of the Code and regulations issued
pursuant thereto. Such certificate shall be in such form as raay be
requested by bond counsel for the City.
17- LiMitation on Private Use. The CitY covenants that it
shall not permit the proceeds of the Bonds to be used in any manner
that would result in (a) 5% or more of such proceeds being used in
a trade or business carried on by any person other than a govern-
more of %
mental unit, as provided in Section 141(b) of the Code, (b) 5 or
such I)roceeds being used with respect to any output
facility (othe than a f a
within the meaning of Section 141(b)(4) of the Code, or (c) e
cility for the furnishing of wat r) ,
more of such proceeds being used directly or indirectly to 5% or
make or
finance loans to any Persons other than a governmental unit, as
provided in Section 141(c) of the Code; provided, however, that if
the City receives an opinion of nationally recognized bond counsel
that any such covenants need not be complied with to prevent the
interest on the Bonds from being includable in the gross income for
federal income tax purposes of the registered owners thereof under
existing law, the City need not comply with such covenants.
18. Applicable Law. The City elects that the Bonds shall be
issued pursuant to the Constitution of Virginia, the Public Finance
Act of 1991, Section 15.1-227.1 et seq- of the Code of Virginia of
1950, as amended, and the City Charter.
19. Other Actions. All other actions of officers of the City
and the Council in conformity with the purposes and intent of this
resolution and in furtherance of the issuan-ce and sale of the Bonds
and the payment and redemption of the Refunded Bonds are hereby
ratified, approved and confirmed. The officers of the city are
authorized and directed to execute and deliver all certificates and
instruments and to take all action necessary or desirable in
connection with the issuance, sale and delivery of the Bonds.
20. Repeal of Conflicting ResolUtions. All resolutions or
parts of resolutions in conflict herewith are hereby repealed.
21. Effective Date. This resolution shall take effect
immediately.
The undersigned Clerk of the City of Virginia Beach, Virginia,
hereby certifies that the foregoing constitutes a true and correct
extract from the minutes of a regular meeting of the Council of the
city of virginia Beach, virginia, held on the 28th day of January,
1992, and of the whole thereof so far as applicable to the matters
referred to in such extract.
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WITNESS my signature and the seal of the CitY of Virginia
Beach, Virginia, this - day of January, 1992.
(SEAL)
Clerk, Cit -f Virginia Beach,
Virginia
I
I
-14-
- 13 -
Item 111-G.2.
RESOLUTIONS ITEM # 35271
The following spoke in SUPPORT of the R... lution:
Maurene Sigmund, 3105 Dolphin Road, Phone: 481-4056, Vice President -
Southeastern Association for Virginia Environment (SAVE)
Rae H. LeSesne, 5325 Thornburg, Phone: 499-8008
Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, Charter Member
Virginia Beach Audobon Society, Member of the Virginia Beach Beautificati,,
Commission, Member of the Virginia Beach Clean Community Commission, Member of
the Virginia Beach Council of Civic Organizations and Member of SAVE
John F. Marshall, Jr., 8208 Ocean Front, Phone: 4 28-6384 , represented
Virginians for Recycling. The retall grocer and distributer do not have to
handle the returned containers, which has been one of the valid objections.
Robert Dean, 1204 Shawn Drive, Chairman ot the Civic Organizations for the
Virginia Beach Clean Community Commission, which orchestrates al I of the
ADOPT-A-PROGRAMS and collection pick-ups throughout the City.
Upon motion by Counci Iman Heischober, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Resolution expresstng support for the Virginia
Beverage Container Recycling Act as endorsed and
adopted by the Hampton Roads Planning District
Commission (1992 Senate Bill 492 ).
Mayor Oberndorf sponsored the Resolution and advised the correct Senate Bill
was 1992 Senate Bill 492 and not Senate Bill 660 from the previous year. The
Hampton Roads Planning District Commission endorsed the concept of deposit
legislation embodied in the Virginia Beverage Container Recycling Act
contingent on the return of substantial funds from the Virginia Beverage
Container Recycllng Fund to localities and regional authorities.
The City Council's support of the Virginia Beverage Container Recycling Act
shail be contingent upon the verbiage contained in the Resolution (Lines 29 to
33):
... provided that such legislation shall make
provisions for the return of substantial funds
generated thereby to localities and regional
authorities to finance the costs ot administering
such a program."
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Reba S.
McClanan and Mayor Meyera E. Oberndorf
Council Members Voting Nay:
James W. Brazier, Jr., Paul J. Lanteigne and William
D. Sessoms, Jr.
Council Members Absent:
Nancy K. Parker
I A RESOLUTION EXPRESSING SUPPORT FOR
2 BEVERAGE CONTAINER RECYCLING
3 LEGISLATION
4 WHEREAS, discarded beverage containers contribute
5 substantially to the volume of solid waste which burdens the City's
6 landfill;
7 WHEREAS, the improper disposal of beverage containers
8 causes significant environmental concerns;
9 WHEREAS, the recycling of beverage containers of all
10 types results in savings of both energy and natural resources;
11 WHEREAS, beverage container recycling legislation would
12 encourage consumers to return beverage containers to specific
13 locations for recycling;
14 WHEREAS, such legislation can also provide for the
15 accrual of funds to be returned to local governments and regional
16 authorities to administer recycling programs;
17 WHEREAS, the staff of the Hampton Roads Planning District
18 commission prepared a study dated November 1991 (revised December
19 1991) entitled "Virginia Beverage Container Recycling Act - An
20 Analysis and Recommendation;" and,
21 WHEREAS, the study was endorsed and adopted by the
22 Executive Committee and the full Hampton Roads Planning District
23 Commission.
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 That the council hereby expresses its support for the
27 virginia Beverage Container Recycling Act introduced by Senator
28 Joseph Gartlan in 1991 as Senate Bill 660 and encourages the
29 passage of such legislation by the 1992 General Assembly; provided
30 that such legislation shall make provisions for the return of
31 substantial funds generated thereby to localities and regional
32 authorities to finance the costs of administering such a program.
33 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
34 VIRGINIA, on the 28 day of -January 1992.
35 CA-4559
36 ORDIN\NONCODE\BEVERAGE.RES
37 R-2
11, Hdg.- ilh, CMCIAAE
Cl,y Cl,,,k
- 14 -
Ite 111-G.3.
RESOLUTIONS ITEM # 35272
Maryann 1- Ustick, Director - Housing and Neighborhood Preservation, advised by
reso I ut i on adopted Apr i 112, 1 982, C i ty Counc i I estab I i shed the C i t i zen I s
Advisory Committee to assist the Counci I in meeting the requirements of the
1981 Amendments to the Housing and Community Development Act of 1974. It has
been restructured several times over the years. At the present time, the CAC is
comprised of repr esentatives of the twelve (12) original designated TARGET
neighborhoods and three At-Large Members. In November 1991, eight of the
original 12 TARGET neighborhoods was completed. The City has undergone
extensive change. A unique opportunity now exists to prevent the decl !ne of
some of the city's older neighborhoods which are beginning to show signs of
deterioration. in addition, the population of lower income and needy citizens
has increased It is recommended that the composition of the CAC be restructur,d
to reflect the changing needs and demographics of the City. The National
Affordable Housing act of 1990 has created new federal ly funded programs to
promote the preservation of neighborhoods and the avai labi I ity of decent and
safe housing for lower income households.
The following spoke in OPPOSITION:
E. George Minns, Post office Box 4548, Phone: 671-2827, President - NAACP
Rosa Norman, 110 North Birdneck Road, Phone: 425-7106, represented Seatack,
Atlantic Park and surrounding area Civic Leagues.
Susie D. Whitehurst, 1055 Norfolk Avenue, Phone: 425-1692, Citizens Action
Coalition Member, represented Seatack, Atlantic Park and surrounding areas.
Mrs. Whitehurst advised the CAC had not been given the opportunity to review
this Resolution.
The following registered in OPPOSITION, but WAIVED their right to speak:
Ernest Benson, 2945 Queen City, represented the Queen City Civic League and CAC
Alice Green, 1221 General Street, represented the CAC
Nathaniel Tucker, 225 Doyleway, Phone: 499-9134, represented the Seatack Civic
League
Sadye Shaw, 5569 Daniel Street Road, Phone: 497-5435
Mary C. Evans, 209 Bassett Avenue
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ALLOWED WITHDRAWAL:
Resolution to expand and restructure the Citizents
Advisory Committee, renaming It the Housing and
Neighborhood Preservation Advisory Committee.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
Item [If-G.4.
RESOLUTIONS ITEM 35273
Rae H- LeSesne, 5325 Thornburg Lane, Phone: 497-8008
ADOPT a Resolution directing the City Manager to review other local 11ties to
A motion was made by Councilman Lanteigne, seconded by Councilwoman M,C nan to
determine the ,se, if any, of term limitations
governing body. on th,ir respective local
Upon SUBSTITUTE MOTION bv Counci Iman Ses oms, se
CitY Council DENIED-. s conded by Counci Iman Jones,
Resolution directinq the City Man,ger to review
other local ities to-determine the 'se if any, of
term limitations on their respe'ctive local
governing body.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones and
WilliaM D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Paul J. Lanteiqne. Reba S.
McClanan and Mayor Meyera E. Oberndorf
Council Members Absent:
NanCy K. Parker
- 16 -
Item Ill-G.5.
RESOLUTIONS ITEM # 35274
UPon motion by Counci Iman Lanteigne, seconded by Counci Iman Brazier, City
Council ADOPTED:
Resolution referring to the Planning Commission
proposed Amendments to Sections 111, 233.1, 401 and
1001 of the City Zoning Ordinance re firewood
preparation tacilities.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and W! I I iam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
A RESOLUfloN TO SSION
PROPOSED TO SBCTTCNS 111, 233.1, 401 AND
1001 OF UM CMY ORDDWCE, P TO
PREPARATTON P
BE IT RESOLVED BY TfiE C)OLNCIL OF TM C=Y OF @IN.TA BEACH, @IM:
'Ihat there is hereby referred to the Plaming ssion, for its
consideration and r tion, prcposed ts to add Section 233.1
and to Sections 111, 401 ar)d 1001 of the City Zoning Ordinarice, pertaining
to firewood preparation facilities.
Adopted by the city Council of the City of Virginia Beach, Virginia,
on the 8 day of 1992.
-AN ORDIMNCE M AMEND AND RBC)RDA19
SECITON 111 OF TTIE CITY ZONING ORDINANCE
P G TO D=MON OF D PREP ON FACMM
BE IT ORD BY THE CITY OC)TJNCIL OF @ CITY OF @MM BEACH, @MM:
That the City Zoning Ordinance of the city of Virginia Beach be amended
and reordained in part to read as follows:
Section ill. Definitions
P tion ty. A facility where the cuttirxj and
splitting of firewood not grown on the pr@ses oc@s ard where the operation
occLipies one acre or more.
Adopted by the City Council of the City of Virginia Beach, Virginia,
on the day of 1992.
AN ORDINANCE TO AMEND AND RBC)RDAM
MMCLE 2 OF THE CM ZONING ORDINANCE
BY ADDING SE M ON 233.1
P G TO PREPARATTON FA
BE IT BY IM CITY COMCIL OF UM CM OF @@ BFACH, @IM:
'Ihat Article 2 of the City Zoning Ordinarice of the City of Virginia Beach
is hereby and reordaired by addirxj section 233.1 to read as follows:
233.1
(a) 11 be located where noi
@b oval ion,
Adopted by the City Council of the City of Virginia Beach, Virginia,
on the- day of 1992.
AN ORDMWCE TO AMEND AND RBDRDAIN
SMMON 401 OF Rm CM ZC)NIGG ORDIMNCE
P G TO @ARATION FACUM
BE IT 0 BY UM CIW COUNCIL OF MM CITY OF BEACH,
@t Section 401(a) of the City Zonirig Ordinance Of the City of Virginia
Beach is h-eby and reordained to read as follows:
Sec. 401. Use
(a) Principal and conditional uses.
'Ihe foll-inci chart lists those uses permitted wi@ the AG-1 ar)d AG-2
Agrictiltural Districts. Those uses and structures in the respective
agricultural districts @ll be permitted as eith- principal
by a P or as coriditional uses indicated by a C. Uses and structures indicated
bY - x shall be Prohibited in the respective districts. No uses or structures
other than as specified shall be perndtted.
USE AG-1 AC-2
Aciricultural, aquacultural and horticultural
uses including or , vineyards, nurseries
and Le rais@ and grazing of livestor-k,
Poultry and swine and the keep@ of bees p p
c c
c@cial
c c
------------------------------------------------------------
Borrow pit c c
Ceme-tery, col ium, crematory and imusoleum c c
Child care education centers in connection
with public - Pri-te el@tary schools
or churches p p
----------- - --- - --- - -- ------- - --------------------------
Child care education centers, day nurseries,
other than those permitted as principal uses
and structures, when not oper@ted by a public
ag-cy c c
Ch-ches c c
C@ity centers c c
-------------------- ---------------------------------------
Country inns c c
Drive-in theaters c c
Dwelling, single family addition p p
-------- - -------- - - - - - -- ----- - -- - - - --------------- -
Dwellings, duplex x x
Dwellings, single farrdly c c
Family calre hcmes, foster hcmes or group homes c c
FLre,o,d Preparation Facili
--------------------------------------------------------
USE AG-1 AG-2
Fish ha@-ies and fish p.@ p
Forests and for-try p p
studeq dorm-
pr-ided @t
raile radius of
c c
Ganie preserves
@lf @, including par 3 with a p p
area of 10 acres, and @a@e golf
H tions, including those c,,du@ c c
-tside the Princ-ipal s@ctures c c
- - --- - - - -- - -- -- ------- - ---- - - - - ---------------------
H- f- the aged, disabled or handi-pped,
ir)clud@ convalescent Or nurs@ h@ c c
Hospitals and sanitari,=
@g- -for fra@l o@zatior, c c
c c
M-'nas, nOn cial and ty b,)at
docks
Ma@ity homes c c
MO i@q and convent, c c
- -- - ------------- c c
mu-- arld art galleries when not opera@ -------------
by a pliblic agency c c
Pri-te sch-ls having @icul@ similar to
public schools
Pri-te -ge trea@t facilities c c
Public elementary, in ate and high c c
sch-1s, -lleg- and universities; day
n--i- i-n ---tion with public or
Pri-te el@tary schools or churches p p
--------------------------------------------------------------
Public P-ks, recreational areas, bc)tanical and
zoological gardens, golf cc)urses, nrinas and
other public hdl@s @ uses p p
Public utility installations and substtins;
Provided offices, storage or Mintenance
facilities shall not be permittd; and provided,
further, that utilities substations other tha,
ir)dividual transfo@s, shall be @ound,-d by
categOrY v -eening, solid except for entrances
and exits; and Provided also, transfo@ vaults
f- ur)derground utilities @ the like shall
require Category I -eening, solid except for
access openings pp
Public utility transfo@ stations and inajr
transmissiOn lines and towers (50,000 vlt.S or
wre) cc
USE AG-1 AG-2
Re=p-ation and t facilities of an @-r
nature other than those specified as prirr-ipal
uses, which my be partially or teniporarily
enclosed on a seasonal basis, with the approval
of City Council c
RP-@ of agricaltural @pnent c c
Recreatiorial c c
Retail sales of garden suipplies, eqliipment, and
mterial, as a @idiary use to a plant nursery,
pr-ided that the sales is enclosed and limited to
a floor ;;rea of five hundred (500) square
feet. c c
-- - ------- - -------- -
Riding academies, horses for hire or boarding c c
Shelter for farm ezployees c c
Storage and maintenance installations for public
utilities c c
- ------- - ---------------
Television or other broadcastim stations and
line of sight relay devices c c
Wells, water reservoirs, and water control
structurp@ p p
Adopted by the City Council of the City of Virginia Beach, Virginia,
on th day of 1992.
ORDItAANCE M AMM AND REORDAIN
SBCTION 1001 OF UM CM WNING ORDIMANCE
P TO USE ONS
IN nM I-1 AND I-2 DWSTRIAL DI=CRS
BE 1T BY TfiE CDWCTL OF THE CITY OF @@ BEACH, =WM:
That Section 1001 of the City Zoning ordinance of the City of Virginia
Beach is hereby ed and reordained to read as follcws:
Sec- 1001. Use
(a) Principal and corklitional uses.
The following chart lists those uses permitted wi@ the I-1 and I-2
ial Districts. Those uses and stru@es in the respective industrial
districts shall be permit@ as either prmcipal uses irdicted by a P or as
corditional uses @cated by a C. u@ and structures @ca@ by an x
shall be prohibited in the respective districts. No uses or stru@es
other as specified shall be permitted.
Use I-1 I-2
Airports, helipc)rts and helis@; p p
Au@bile service stations, provided that
where there is an adjoining residential or
aparb-aent district without an in
street, alley or pen-n-t open spa-
twenty-five (25) feet in width and where
lot-s separated by the district boundary have
adjacent front yards, a,six (6) foot solid
fence with Category VI screemm
shall separate the automobile service
station use fr(xn the adjacent residential
district and no ground sign shall be within
fifty (50) feet of the residential or
a t district; c c
Au@tive rental, parts and supply stores;
proyided that no outside storage is included
(excluding operative equipment); p p
- --------- - ------ -- - - - - - - - --------------- - ------------
Automotive re@ garages; c p
Autcmbile service establishments dealing
exclusively in service and mi-nor repairs
of the provided at autamc)bile service
stations; p p
Bingo Halls c c
Borrow pits; c c
Bulk storage yards and building contractor's
yards; provided that no sale or processim
of scrap, salvage, or seco m@ial
shall be permit@ in such yards; and,
provided further Uat additional requirements
as lis@ in Section 226 are Tnet. c p
Bus medical, f ial, nonprofit, p p
professional and sim'lar office buildings;
car @ facilities, provided that: (i) No
water produced by activities on the
zoning lat shall bp- permitted to fall
upon or drain across public streets or
sid or adjacent pr@es; (ii) A
minimm of three (3) off-street parking
spaces for autcmobiles shall be p - ided
for each car @ space within the facility. c x
collection depots for recyclable raterials; c x
EatiM and dr establi ts, except p P.
specified below
EatiM and dr establishmnts which serve
alcoholic beverag- for on-premses con-
@tion and which are located within 500
feet of a residential or apartment district
or have on-site parkirig within 300 feet of
a residential or apartment district; c c
Establi ts such as linen suppliers, freight
mvers, communication services and canteen
services; p p
Establi ts which deliver Tnerdiandise i-n
bulk by txuck - -; p p
---------------------------------------------------------------
Explosives mnufa@ @, storage @
distribution; x c
Facilities for const-ruction, mintenan- and
re@ of vessels; x p
Fir @ Pre ation Facili p p
Heavy equipment sales anci service; p p
Hotels and rotels; provided the following
conditions are mt: (i) Frontage shall be
on a rajor or secondary street or high-y;
(ii) The minimum lot size shall be forty
thousand (40,000) square feet and a
lot width of one hundred fifty
(150) feet: (iii) Density regulatio- Of
the H-1 Hotel District shall apply; (iv)
Accessory uses shall be limited to eat @
and dr establishrents, gift shops
and travel agencies; (V) P-king r@-ts
of at least one space per one (1) lodging
unit shall be pravided in addition to
the reqairements for an accessory -e;
(vi) Front yards shall have a
depth of thirty (30) feet and,
except for necessary driveways, shall be
mintained in landscap@ and shall not
be used for parking; (vii) Sig- shall
conform to the sign r@-ts @pplicable c x
within H-1 Hotel District rea-ulations.
Manufa@ing, processing, cting, packaging
or fabricating establi ts; provided
that the followirig uses shall not be allowecl:
(i) E>Cplosive marmfacturing, storage
and distribution; (ii) Petroleum process@;
(iii) Processing or @ide storage of
salvage, -p - junk; p p
military installations; x p
Mobile hare sal,---; c x
motion picture studios; p p
Petroleum process x c
Piers wharves and docks; x p
Printing, lithographic - publi@
establi ts; p p
Public haidings and grounds; p p
----- -- --------------
Public schools, colleges and universities, and
private schools, colleges and universities
having similar academic.curriculums; c x
PLiblic utilities installations and substations
including offices; provided storage or
raintenance facilities shall not be
permitted; and provided, further, that
utiliti,-@ @tations, other than individual
transformers, shall be surrounded by Category
VI screening, solid except for entrances and
exits and provided also, transfo@ vaults for
underground utilities and the like shall
r@e only Category I scr solid except
for access opening; p p
Public utility transformr stations and rajor
transmission lines and tcwers (fifty
thousand (50,000) volts or mre); c c
- ------ - --------------------------
Radio or television transmission and relay
stations; c c
Recreational faciliti- 6f an outdoor nature,
which my be partially or teniporarily
enclosed on a @nal basis with approval
of city council, except that riding academies
and recreational ounds shall not be
all@ as a corklitional use or otherwise; c x
Re=eational facilities other than those of an
outdoor nature p p
Repair establi ts; provided that no outside
storage is included (excluding mobile
operative equip-t) ; p p
Ship supply establi ts and facilities; x p
Storage - pr-im of salvage, scrap or junk x c
-- - ----- - -- - ------- - ------
Terminale for freight pass.eng- arriving
or departing bv @p; x p
trade
Vocational, te&-ical, ial and p p
schools -
Wholesale and retail establ ts dealincj
primrily in bulk material @ delivered by
sbip, or by @p and railroad or ship and
tnick in ccubination. x p
Wholesaling, warehousing, storage or distri-bution
establi ts; p p
Adapted by the Council of the City of Virginia Beach, virginia, on
the- day of 1992.
1 7
Item ill-I.H.1
PUBLIC HEARING ITEM # 35275
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) GENERAL RENTAL CO., INC.
d/b/a Taylor Rental Center CONDITIONAL USE PERMIT
(b) E. EUGENE COOKE CONDITIONAL USE PERMIT
(c) REVEREND JOHN GIMENEZ CONDITIONAL USE PERMIT
(d) VIRGINIA BEACH MARLIN CLUB, INC. STREET CLOSURE
(e) NEWTOWN SQUARE ASSOCIATES CONDITIONAL USE PERMIT
(f) CLAUDE M. SCIALDONE CONDITIONAL ZONING DISTRICT
CLASSIFICATION
(g) ARAGONA LODGE NO. 1198, CONDITIONAL ZONING DISTRICT
LOYAL ORDER OF MOOSE CLASSIFICATION
(h) DAVID L. AND JOAN E. JONES AND CONDITIONAL ZONING DISTRICT
BLAXTON V. TODD CLASSIFICATION
(i) PHILIP F. OLAH VARIANCE
(j) MASTER STREET AND HIGHWAY PLAN AMENDMENTS
- 18 -
Item 111-I.H.l.a.
PUBLIC HEARING ITEM # 35276
PLANNING
Ray Wilson, 5444 Virginia Beach Boulevard, Area Manager for Taylor Rental
Tom Crockett, 5444 Virginia Beach Boulevard, District Dealer Manager for Ryder
Truck Rental
Upon motion by Counci Iman Jones, seconded by Counci Imen Heischober, City
Counci I DENIED an Ordinance upon application of GENERAL RENTAL COWANY, INC.,
d/b/a TAYLOR RENTAL CENTER tor a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GENERAL RENTAL CO.,
INC. d/b/a TAYLOR RENTAL CENTER FOR A CONDITIONAL
USE PERMIT
Ordinance upon application of General Rental Co.,
Inc. dba Taylor Rental Center for a Conditional Use
Permit for motor vehicle rental on the north side
of Virginia Beach Boulevard, 650 feet more or less
east of Davis Street. The parcel is located at 5444
Virglnia Beach Boulevard and contains 1.922 acres.
BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 19 -
Item 111-H.I.b.
PUBLIC HEARING ITEM # 35277
PLANNING
The C ity C I erk reterenced corresp on dence of Bruce W. Gallup of January 21
1992, requesting WITHDRAWAL. Said letter is hereby made a part of the record.
Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council
ALLOWED WITHDRAWAL of the application of E. EUGENE COOKE to authorize a change
In a non-conforming use.
Application of E. Eugene Cooke for the enlargement
of a nonconforming use on property located at 6102
Oceantront Avenue (to construct the addition to the
s i ng I e-f ami I y home and rep I ace the f I at roof by
installing a pitched roof on two existing
structures) LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCl anan, Mayor Meyera E. Oberndort and Wi I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 20 -
Item 111-H.l.c.
PUBLIC HEARING ITEM # 35278
PLANNING
Paul Day, Agent for Rock Church, represented the applicant
Upon motion by Counci lwoman McCianan, seconded by Counci iman Brazier, City
Counci I ADOPTED an Ord i nance upon appl!cation of REVEREND JOHN GIMENEZ (ROCK
MINISTRIES, INC.) for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF REVEREND JOHN GIMENEZ
(ROCK MINISTRIES, INC.) FOR A CONDITIONAL USE
PERMIT FOR BOARDING HORSES R01921411
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application ot Reverend John Gimenez
(Rock Ministries Inc.) for a Conditional Use Permit
tor boarding horses on the south side of Indian
River Road, 460 feet west of West Neck Road. The
parcel is located at 2865 Indian River Road and
contains 24 acres. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. Horses shall not be avai lable for rent by the
public.
This Ordinance shal I be effective in accordance with Section 107 (t) of the
Zoning Ordinance.
Adopted by the Counci I ot the City of Virginia Beach, Virginia, on the Twenty-
elghth of Januarv. Nineteen Hundred and Ninety-Two.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lantei'gne, Reba S.
McCianan, Mayor Meyera E. Oberndorf and Wi I liam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 21 -
item 111-H.l.d.
PUBLIC HEARING ITEM # 35279
PLANNING
Attorney John Richardson, 2101 Parks Avenue, Suite 801, Phone: 422-4700,
represented the applicant
The fol lowing citizens registered in SUPPORT of the application but WAIVED
their right to speak:
Pat Milmos, 308 Mediterranean Avenue, Phone: 428-1804
W. Cason Barco, 227 Mediterranean Avenue
Betty T. Savage, 527 Winston Salem Avenue
Robin Barefield, 2570 Oceanshore Avenue, Phone: 481-1974
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Counci I APPROVED subject to compl iance by August 11, 1992, the petition ot
VIRGINIA BEACH MARLIN CLUB, INC. AND WALTER CASON BARCO for the discontinuance,
closure and abandonment of portions of Greensboro Avenue and Mediterranean
Avenue.
Petition ot Virginia Beach Marlin Club, lnc. and
Walter Cason Barco for the discontinuance, closure
and abandonment of the tollowing parcels:
Parcel 1: Closure of a portion ot Greensboro
Avenue Ee-ginning at the northwest Intersection of
Greensboro Avenue and Mediterranean Avenue, running
a distance of 48 feet along the northern property
line (southern boundary of Block 30, Shadow Lawn
Heights) and running in a southeasterly direction
to the southwest intersection of Greensboro Avenue
and Mediterranean Avenue.
Parcel 2: Closure of a partion of Mediterranean
Avenue, running a distance of 41 feet along the
eastern property line (western boundary of Lot 1,
Block 18, (Shadow Lawn Heights) and running in a
northwesterly direction to the southwest
intersection of Greensboro Avenue and Mediterranean
Avenue. VIRGINIA BEACH BOROUGH.
The tollowing conditions shall be required:
1. It appears that the applicant owns the underlying
fee for the right-of-way proposed tor closure. This
is subject to verification by the City Attorney's
Office. Under current policy, purchase from the
City would not be required.
2. The applicant is required to resubdivide the
property and vacate internal lot lines to
incorporate the closed area into adjoining parcels.
3. An access easement is required to provide access to
Lake Rudee for public pedestrian traffic and tor
City services.
4. An easement satisfactory to Virginia Power is
required over the electric facilities located
within the rights-of-way proposed for closure.
Evidence that this condition has been met must be
submitted to the Planning Department prior to final
street closure approval.
- 22 -
Item 111-H.I.d.
PUBLIC HEARING ITEM # 35279 (Continued)
PLANNING
5. Development of the si te shaII be subs tanti ally in
compliance with the site plan submitted by the
applicant to the Planning Department. If the
permits are not issued by the Army Corps of
Engineers, there shall be a reverter clause that
the easement shall return to the City.
6. The applicant shall submit a revised ordinance to
the City Attorney's office closing the rights-of-
way. The redraft shall include a "save and except"
clause for the easements required by Conditions #3
& #4 and shall reference the reverter clause
required by condition #5. The reverter clause shall
also be incorporated into a restrictive covenant
and reverter agreement to ensure all the conditions
shal I be met within the time frame set forth in
condition #5 above.
7. There is to be no dredging, filling, bulkheading or
any other waterfront related activity prior to
obtaining the necessary permits from State, Local
and Federal agencies.
8. Closure of the rights-of-way shal I be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council
(August 11, 1992).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
This item was MOVED FORWARD to the beginning of the PLANNING ITEMS, as
Attorney Richardson had to attend an Emergency Medical Services Training Class.
- 23 -
Item 111-H.l.e.
PUBLIC HEARING ITEM # 35280
PLANNING
Joseph W. Boyd, 1460 Fi ve HI II Tri al , Phone: 490-1939, Genera l Partner -
Newtown Square Associates.
Upon motion by Counci Iman Jones, seconded by Counci Iman Heischober, City
Counci I ADOPTED an Ordinance upon appl ication of NEWTOWN SQUARE ASSOCIATES, a
Virginia General Partnership, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF NEWTOWN SQUARE
ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP FOR A
CONDITIONAL USE PERMIT FOR A BINGO HALL R01921412
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Newtown Square
Associates, a Virginia General Partnership for a
Conditional Use Permit for a bingo hal I in Unit 2,
Newtown Square Shopping Center. Said parcel is
located at 544 Newtown Road and contains 10,883
square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Approval is for a period of one year after the
operation is open for business. The parking needs
of the shopping center will be evaluated annually.
2. The applicant shall submit to the Planning
Department a revised plan depicting all additional
parking that can be accommodated on the site and
the lot shall be restripped accordingly. If minimum
parking requirements cannot be met, a variance is
required from the Board of Zoning Appeals.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
eighth ot January, Nineteen Hundred and Ninety-Two.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 24 -
Item 111-H.l.f.
PUBLIC HEARING ITEM # 35281
PLANNING
Attorney Char I es Sa I I e 1 92 Ba I I ard Court, Phone: 490-3000 , represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of CLAUDE M. SCIALDONE for a Conditional
Zoning District Classification:
ORDINANCE UPON APPLICATION OF CLAUDE M. SCIALDONE
FOR A CONDITIONAL ZONING DISTRICT CLASSIFICATION
FROM AG-2 TO B-1 Z01921339
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Claude M. Scialdone
for a Conditional Zoning District Classification
from AG-2 Agricultural District to B-1 Business-
Residential District on the east side of North
Landing Road at the eastern extremity of Courthouse
Drive. The proposed zoning classification change to
B-1 Business-Residential District is for commercial
land use. The Comprehensive Plan recommends use ot
this parcel for retail/service. The parcel is
located at 2437 North Landing Road and contains
24,306 square teet. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. An agreement encompassing proffers shall be
recorded with the Clerk of the Circuit Court and is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Counci I of the City of Virginia Beach, Virginia, on the Twenty-
eighth of January, Nineteen Hundred and Ninety-Two.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndort
Council Members Absent:
Nancy K. Parker
25 -
Item
PUBLIC HEARING ITEM # 35282
PLANNING
Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the
applicant
The following registered in OPPOSITION:
E. George Minns, Post Oftice Box 4548, Phone: 671-2827
Robert Frankhauser, 929 Lamplight Lane, Phone: 468-3427
Mar-k E. Yelch, 936 Lamplight Lane, Phone: 427-2644
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
DEFERRED until the City Council Session of February 25, 1992, Ordinance upon
application of ARAGONA LODGE NO. 1998, LOYAL ORDER OF MOOSE, INC- for a
Conditional Zoning District Classification:
ORDINANCE UPON APPLICATION OF ARAGONA LODGE NO.
1998, LOYAL ORDER OF MOOSE, INC. FOR A CONDITIONAL
ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO 0-2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Aragona Lodge No.
1198, Loyal Order of Moose, Inc., for a Conditional
Zoning District Classification from R-7.5
Residential District to 0-2 Office District at the
northwest corner of Lynnhaven Parkway and Lamplight
Lane on Lots 34-37, Block 13, Princess Anne Plaza.
The proposed zoning classification to 0-2 Office
District is for office land use. The Comprehensive
Plan recommends use of this parcel for suburban
medium density residential land use at densities
that are compatible with single family use in
accordance with other Plan policies. Said parcel
contains 1.1161 acres. PRINCESS ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 26 -
Item 111-H.l.h.
PUBLIC HEARING ITEM # 35283
PLANNING
The following registered in SUPPORT:
Attorney Char l es Sal lel , 192 BaIIard Court, Phone: 490-3000 , reprsented the
applicant
Herb Dugroo, 2240 General Booth Bouelvard
The following registered in OPPOSITION:
Glenn Tainter, 2140 Kenwood Drive, Phone: 427-1929, represented the
Courthouse/Sandbridge Coalition of Civic Leagues
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of DAVID L. AND JOAN E- JONES AND BLAXTON
V. TODD for a Conditional Zoning Classification-.
ORDINANCE UPON APPLICATION OF DAVID L. AND JOAN E.
JONES AND BLAXTON V. TODD FOR A CONDITIONAL ZONING
CLASSIFICATION FROM R-20 TO D-1 Z01921340
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application ot David L. and Joan E.
Jones and Blaxton V. Todd for a Conditional Zoning
Classification from R-20 Residential District to
0-1 Office District on the east side ot General
Booth Boulevard, 60 feet more or less south of
proposed Ferrell Parkway. The proposed zoning
classlfication change to 0-1 Office District is for
office land use. The Comprehensive Plan recommends
use of this parcel for suburban low density
residentlal land use. The parcel is located at 2236
General Booth Boulevard and contains 39,640 square
feet. PRINCESS ANNE BOROUGH.
This application shall be subject to the following amendments:
1. The applicant shall rezone only the front 210 feet
of the property. The back one-half acre of the
property shall not be rezoned and shall remain R-20
Residential District.
2. The applicant shall record with the Clerk of the
Circuit Court an agreement encompassing proffers.
This Ordinance shall be eftective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
eighth of January, Nineteen Hundred and Ninety-Two.
- 27 -
Item 111-H.I.h.
PUBLIC HEARING ITEM # 35283 (Continued)
PLANNING
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf
Council Members Absent:
Nancy K. Parker
- 28 -
Item 111-H.l.i.
PUBLIC HEARING ITEM # 35284
PLANNING
Philip F. Olah, 6613 Pinewood Court, Phone: 420-7623, reprsented the applicant
Upon motion by Counci lman Clyburn, seconded by Mayor Oberndorf, City Counci I
APPROVED the application ot PHILIP F. OLAH for a Variance to Section 4.4(b) of
the Subdivision Ordinance.
Application of Philip F. Olah tor a Variance to
Section 4.4(b) of the Subdivision Ordinance which
requires all lots created by subdivision to meet
all requirements of the City Zoning Ordinance. The
property is located at 6613 Pinewood Court.
KEMPSVILLE BOROUGH.
The following condition shall be required:
1. Unless served by City sewer, a reserve septic
drainfield, as required by the Chesapeake Bay
Preservation Area Ordinance, is required. As
approved by the Virginia Beach Health District, the
reserve drainfield for Lot A-2 may be placed on Lot
A-1.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 29 -
Ite
PUBLIC HEARING ITEM # 35285
PLANNING
Dennis Fain, 3156 Monet Drive, Phone: 427-5986, represented the Landstown Civic
League, Phone: 427-5986, spoke in SUPPORT of the Amendment.
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND the Master Street and Highway Plan of the City of
Virginia Beach adding, relocating and deleting certain roads
(Map/plans on file in the Planning Department):
1. Change Holland Road from its proposed connection
with London Bridge Road Extended, south to the
proposed 150 foot major arterial from a 4-lane
divided minor arterial with bikeway to a 6-lane
divided major arterial.
3. Change Courthouse Loop Extended, from the proposed
150' major arterial to Indian River Road, from a
4-lane parkway to a 150' major arterial.
4. Change the Southeastern Expressway from Route 44 to
the City's western corporate limits with
Chesapeake, from an 8-lane limited access facility
with interchanges at First Colonial Road, Oceana
Boulevard at the N.A.S. Oceana main gate, Dam Neck
Road, Harpers Road, Princess Anne Road and Indian
River Road, to a 4-lane limited access facility
with interchanges at Oceana Boulevard at N.A.S.
Oceana, Dam Neck Road and Princes Anne Road.
5. Change Holland Road, from Princess Anne Road to the
proposed alignment of Ferrell Parkway, from a 4-
lane divided minor arterial to a 2-lane residential
collector
6. Change Princess Anne Road, from North Landing Road
to General Booth Boulevard, from a 4-lane undivided
minor arterial to a 2-lane residential collector.
7. Delete the proposed 4-lane undivided residential
collector extending along the northwest boundary of
the Christopher Farms Subdivision from Holland Road
to Princess Anne Road (future Ferrell Parkway).
8. Change Indian River Road, from North Landing Road
to the proposed alignment of Courthouse Loop
Extended, from a 6-lane divided major arterial with
controlled access and scenic buffer to a 4-lane
divided major arterial with controlled access and
scenic buffer.
9. Delete the proposed extension of Rosemont Road from
Landstown Road south, through Landstown Lakes and
Landstown Meadows, to the proposed 150' major
arterial.
- 30 -
I tem
PUBLIC HEARING ITEM # 35285 (Continued)
PLANNING
10. Add Oceana Boulevard, from First Colonial Road to
Harpers Road, as a 4-lane divided minor arterial.
11. Change Dam Neck Road, from General Booth Boulevard
to Upton Drive, from a 4-lane divided minor
arterial with bikeway to 6-lane divided minor
arterial with bikeway.
12. Add Grayson Road, from Witchduck Road to Bonney
Road, as a special landscaped roadway (SL-1).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 31 -
I tem
PUBLIC HEARING ITEM # 35285 (Continued)
PLANNING
Dennis Fain, 3156 Monet Drive, Phone: 427-5986, represented the Landstown Civic
League, Phone: 427-5986, spoke in SUPPORT of the Amendment.
Upon motion by Counci lwoman McCianan, seconded by Counci Iman Heischober, City
Council ADOPTED:
Ordinance to AMEND the Master Street and Highway Plan ot the City of
Virginia Beach adding, relocating and deleting certain roads
(Map/plans on file in the Planning Department):
2. Change Elbow Road, from Princess Anne Road (future
Ferrell Parkway) to Salem Road, from a 4-lane
divided minor arterial with bikeway and scenic
butfer to a 1501 major arterial.
Votlng: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndort and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
Nancy K. Parker
ABSTAINED on Item 2. Elbow (Landstown) change as Landstown Road touches his
property.
- 32 -
item 111-1.
CONSENT AGENDA ITEM # 35286
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Counci I APPROVED In ONE MOTION Items 1, 2, 3, 4 a.b., 5, 6, 7, 8, 9 and 10 of
the CONSENT AGENDA.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan*, Mayor Meyera E.
Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
*Counci lwornan McClanan voted a VERBAL NAY on Item 1.3
of the CONSENT AGENDA.
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
33 -
Item
CONSENT AGENDA ITEM # 35287
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Councii ADOPTED:
Resolution requesting the General Assembly provide
a $250,000 Grant with the City matching funds from
CIP Pro,ject 3-002 re design costs for the Virginia
Marine @cience Museum Expansion.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
1 A RESOLUTION REQUESTING THE GENERAL
2 ASSEMBLY TO PROVIDE THE CITY OF
3 VIRGINIA BEACH $250,000 TO ASSIST IN
4 PAYMENT OF DESIGN COSTS FOR THE
5 VIRGINIA MARINE SCIENCE MUSEUM
6 EXPANSION
7 WHEREAS, in the 1992 Legislative Package sent to members
8 of the local delegation to the General Assembly by City Council,
9 City Council requested the General Assembly to provide the city
10 $3,000,000 to pay part of the design and construction costs of the
11 virginia marine Science Museum Expansion (the "Expansion");
12 WHEREAS, members of the local delegation have suggested
13 that it would be prudent, in light of severe revenue shortfalls in
14 the State budget, to reduce the amount of the original request for
15 assistance;
16 WHEREAS, City staff have determined that the provision of
17 $250,000 from the Commonwealth would enable the City to continue
18 the architectural design work associated with the Expansion; and
19 WHEREAS, the City would inatch the $250, 000 grant from the
20 Commonwealth with funds available from the Capital Improvement
21 Program account for the Expansion (Project #3-002) which has a
22 current balance of $521,182 allocated for design costs.
23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA:
25 1. That the General Assembly is hereby requested to
26 provide $250,000 to the City of Virginia Beach to assist in payment
27 of design costs for the virginia Marine science museum Expansion;
28 and
29 2. That upon the receipt of such a grant, the City will
30 provide funds in the amount of $250,000 from CIP Project #3-002 as
31 the City's match of funds received from the Commonwealth.
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the 28 day of January 1992.
34 CA-4558
35 ORDIN\NONCODE\MUSEUM.RES
36 R-3 f@,Pj TO
Ruth Hodges Smfth, CMC/AAE
City Clerk
- 34 -
Item 111-1.2.
CONSENT AGENDA ITEM # 35288
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Resolution directing the Director of Finance to
authorize Citibank, N.A. to issue and deliver a new
or duplicate $5,000 General Obligation Public
Improvement Bond, Series 1985, bearing 8.40% annual
rate of interest, to Sterling C. Caldwell and Diane
B. Caldwel I of Spartanburg, South Carol ina, and
Lynchburg, Virginia, respectively. (Bond Number
R-3707 misplaced.)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
1 A RESOLUTION TO AUTHORIZE
2 REPLACEMENT OF A LOST BOND
3
4
5
6 WHEREAS, Sterling C. Caldwell & Dianne B. Caldwell, Joint
7 Tenants, of Spartanburg, South Carolina and Lynchburg, Virginia,
8 respectively, have affirmed that they are the sole legal and
9 beneficial owners of City of Virginia Beach, Virginia General
10 Obligation Public Improvement Bond, Series of 1985, Certificate
11 Number R-3707, at $5,000 denomination, bearing 8.40% annual rate of
12 interest, dated Feb. 1, 1985 and maturing Feb. 1, 2001;
13
14 WHEREAS, Sterling C. Caldwell & Dianne B. Caldwell
15 have also affirmed that the said security has been lost; and
16
17 WHEREAS, Sterling C. Caldwell & Dianne B. Caldwell
18 have complied with all legal provisions to effect replacement of
19 said security by providing appropriate affidavits and indemnities.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is
23 directed to authorize Citibank, N.A., the Registrar on said bond,
24 to issue and deliver a new bond in lieu of and in substitution for
25 the lost bond in the principal amount of Five Thousand Dollars
26 ($5,000) to Sterling C. Caldwell & Dianne B. Caldwell, Joint
27 Tenants, of Spartanburg, South Carolina and Lynchburg, virginia,
28 respectively, at the address of record.
29
30 Adopted by the Council of the City of Virginia Beach,
31 virginia, on the 28 day of January 1992.
32
33
34
35 CA-91-4521 APPROVED AS TO CONTEWS
36 RES\NONCODE\CA-4521.RES
37 R3
38
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
-CITY ATTORNEY
,Vfunicipa:,T,ust Citib.,,k, N.A.
atid Agency Se@ices 20 Exch.,ig, Plce
PO. Bov 1154
W.11 St,,et Stati@@
N,@ Yok, NY
10268 I)EC f) iggi
DATE: 12 - 5 -,j 1
TROY TRITAMMER
L)UPTY CITY TREASURER CITIBAN<O@
CITY OF VIRGINIA BEACH
MUNICIPAL CENTER
P.O.BOX 6157 MUNICIPAL BOND REPLACEMENT
VIRGINIA BEACH, VIRGINIA 23456 D. FERGUSON, TELE: (212) 968-6542
502364
RE:
CITY OF VIRGINIA BEACH, VIRGINIA 8.40% PUBLIC IMPROVEMENT BOND SERIES
i98b DTD 2/i/8@ - DUE 2/1/zOOi
BOND 4 R-3707 FOR @5,000 P.A.
R/N/0 STERLING C CALDWELL & DIANNE B CALDWELL JT TEN
DEAR SIR/MADAM:
WE ENCLOSE A COUNTERPART OF THE DOCUMENT FURNISHED TO US TO INDUCE YOUR AUTHORIZATION
OF OUR ISSUING A REPLACEMENT OF THE ABOVE SECURITY.
THE DOCUMENTATION MEETS WITH OUR APPROVAL AND IF FOUND TO BE IN ORDER, WE SRALL
APPRECIATE YOUR FURNISHING US WITH THE NECESSARY AUTHORIZATION, IN DUPICATE, TO
COMPLY WITH THIS REQUEST.
SINCERELY,
DAPHNE FERGUSON
CUSTOMER SERVICE REP
CC: ANDERSON & STRUDWICK IN
ALLIED ARTS BUILDING
P.O.Box 6120
LYNCHBURG, VIRGINIA 24505
ATTN: ROBERT J. BRYANT
REGISTERED REPRESENTATIVE
CHUBB GROUP of Insurance Companies
111@ Mo,,,I@ii,i Vi@?w iload, WirrE@ri, NJ 07060
FEDERAL INSURANCE COMPANY
l@c.,P.r.t.d @@d., th, (@@, f N.@ J.,..y
BOND NO. 3000-28-49
BOND OF INDEMNITY
KNOW ALL MEN BY THESE PRESENTS, that
FEDERAL INSURANCE COMPANY, Indiana
a corporation duly organized and existing under and by virtue of the laws of the State of @)d)exwand duly
authorized to transact the business of Insurance in the State of New York and all other States in the United
States of America and having an office and place of business in New York State at 1 00 William Street, New
York, N. Y. 10038, and in the State of
as Obligor (hereinafter called the "Obligor") is held and firmly bound unto
CITY OF VIRGIT!IA R@EACLI, VIRGIPIIA
CITIBAr,IK, @I.A. KIYC
individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar, Transfer Agent, (and
unto any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or
Transfer Agents,) their respective legal representatives, successors and assigns (hereinafter collectively called
"Obligees"), in an aggregate sum, lawful money of the United States of America, sufficient to indemnify the
Obligees under the conditions of this bond as hereinafter set forth, but not exceeding the maximum amount
for which Obligor may obligate itself on the date of this bond in respect of any one risk or hazard under any
law governing the validity or performance of this bond, said sum to be paid to Obligees, their respective legal
representatives, successors or assigns, as interest may appear; for which payment well and truly to be made
the Obligor binds itself, its legal representatives, successors and assigns, jointly and severally, firmly by these
presents.
SEALED with its seal and executed in 2 counterparts, as of the 20th day of
November, 1991
WHEREAS, the Obligor represents that
Sterling C. Caldi4ell 6 Dianne B. Caldwell Jt Ten
is/are the unqualified owner(s) of
City of Virgiiiia Beach, Virginia - 8.40% Public Improvement Bond Series 1925
DTD 2/1/85 Due 21112001 Bond #R-3707 for $5,000 P.A.
R/N/O Sterling C. Caldwell "d Dianne B. Caldwell Jt Ten
(such security or securities being hereinafter called "original" or "originals"), and that the same has/have been
mislaid, lost, destroyed or wrongfully taken and cannot be found or produced, by virtue of which the Obligor
has requested Obligees to issue and deliver to
Sterling C. Caldwell & Dianne S. Caldwell Jt Ten
or his/her order a new or duplicate instrument or instruments (hereinafter sometimes called "duplicate" or
"duplicates"), or to pay to
Sterlin7i C. "'aldwell & Dianne B. Caldwell dt Ten
or credit to his/her account the amount due on said original or originals without surrender or presentation there-
of for cancellation or stamping or for any other purpose; and
WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity,
Obligees have complied or have agreed to comply with said requests,
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if the Obligor, the legal rel)-
resentatives, successors or assigns of the Obligor or any of them, shall in case the original or originals be found
or come into the hands, custody or power of any of them, or into the hands, custody or power of any person,
deliver or cause the same to be delivered unto Obligees in order to be cancelled, and shall also at all times de-
fend, indemnify and save harmless Obligees from and against any and all claims, actions and suits, whether
groundless or otherwise, and from and against any and all liabilities, losses, damages, costs, charges, counsel
fees and other expenses of every nature and character by reason of the original or originals and/or the issuance
of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like issue
and amount which because of alteration, change or counterfeit may or may not be identified as the said
mislaid, lost, stolen or destroyed original or originals, or the making of any payment, credit. transfer, registration,
conversion, exchange or delivery in respect of the original or originals without surrender thereof and/or in re-
spect of the duplicate or duplicates, whether or not caused by, based upon or arising out of the honoring or
refusing to honor the original or originals when presented by anyone, and/or whether or not caused by, based
upon, or arising out of inadvertence, accident, oversight or neglect on the part of Obligees. or any of them, or
their respective officers, agents, clerks or employees and/or ommission or failure to inquire into, contest or liti-
gate the right of any applicant to receive any payment, credit, transfer, registration, conversion, exchange, issue
or delivery in respect of the original or originals and/or the duplicate or duplicates issued in lieu thereof, and/or
caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or instru-
ments, under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused
by, based upon or arising out of any other matter or thing whatsoever, then this Obligation shall be void; other-
wise shall remain in full force and effect.
Obligor further agrees that if the mislaid, lost, stolen, or destroyed original or originals be found or come
into the hands, custody or power of any person or into the hands, custody or power of the Obligees or any of
them for any purpose other than cancellation without reissue, the Obligor will forthwith on demand obtain and
deliver to the Obligees either such original or originals or such duplicate or duplicates or will pay to the Obligees
a sum of rnoney sufficient to enable the Obligees to purchase in the open market securities of the same issue
and amount as the original or originals.
Obligor further agrees that, in case of any default under the conditions of this bond, the Obligor waives and
releases any and all right or claim against Obligees, or any of them whether by way of subrogation or otherwise,
for any loss. expense or liability incurred by the Obligor caused by, based upon or arising out of the enforce-
ment of this bond by the Obligees or any of them. (No inaccuracy in the description of the securities herein
referred to as original or originals shall alter, modify or affect the obligations of the Obligor hereunder.) Obligor
agrees that its liability hereunder shall be absolute, subject only to the conditions herein expressed.
FEDERAL INSURANCE COMPANY
BY ....
Thelma Ratner, Attorney-in-Fact
F.,- 30-02-01 (R.. 5-67) (F.,@.Ily 403F(2))
ACKNOWLEDGMENT OF ANNEXED INSTRUMENT
STATEOF New York
CO(JtMOF New York
onthis 20th dayof November 19 91
-Y "M he a an
I bY d the
0WOWhe@sud@
as ftl Of "W CGMP@ny by Nke
aw
MY on 00 doe v~
-,,Sy ON
w y""
N
QualitTed In
re,tifl,.@te fil,,,
COMMISSIon Fxp
w,
POWER OF ATTORNEY
Know all Men by these P,esents, That the FEDERAL INSURANCE COMPANY, 15 Mo@@tain View Road, Wa,,en, Ne. Je,sey, an Indiana Co,poa-
tion, has constituted and appointed, and does hereby co@stitute and appoint Toni Percoco, Ed Van Name, Thelma Ratner and
Patricia Von Posch of New York, New York --------------------------------------------------------
each its t,ue and lawful Atto,@ey-in-Fact to execute under such designation in its name and 10 affix its corporate seal to and deli@e, for and on its behalt as su,ety
thereon or otherwise, bonds of any of the followi@g classes, to-wit@
1. Bonds a@d Undertakings (othe, than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing
or not doing of anything specified in such Bond or U@dertaking.
2. S.rety bonds to the United States of A@e,joa or any agency thereof, including those requi,ed or permitted under the la.s orsregu@al@ons relati@g to Customs
or Internal Rwe@.e; Lice@se and Pe,mit Bonds o, other inde@nity bonds u@der the laws, ordinances or regulati.ns of any .,. C ty. Town, Village, Board
0, othe, body o, organization, p.blic o, private; bonds to Transportation Companies, Lost Instrument bonds; Lease bo@ds. Worke,s'Compensation bonds,
Miscellaneous Su,ely bonds and bonds on behalf of Nota,ies Public, Sheriffs, Deputy Sheriffs and similar public otficials.
3@ Bo@ds on behalf of cont,actors in connection with bids, proposals or contracts.
l@ Wl,n... Ihe I.id FEDERAL INSURANCE COMPANY pur.@.@l lo il@ 8, @ ....... d Ih... pr@..n,@.. b. @@gned b, i,, Vi.@ Pr.@i@@,, .@d @.i.,a,, S,@r.l.@ nd i,, ...l
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FEDERAL TNSURANCE COM.NY
STATE OF NEW JERSEY ss.
County of Somerset I
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CEMIFICATtON N.1a,y Publi@, $t@t, -f ?4@@ ",@l- Y
N. 2066518
County of Somerse SS. C@.@i,,io@ E@pire, 0,1@b@, 2, 1994
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@l-nt ".-ry
GENERAL
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31, 1990
(i@ thoUs..d. f doiia,s)
LIABILITIES
AND
ASSETS SURPLUS TO POLICYHOLDERS
Short Term investments ........ ...... $ 186,734 Outstanding Losses and Loss Expenses,. $ 2,935,643
United States Treasury Bonds .......... 315,035 Unearned Premiums .................. 871,957
United States Governmen', and @@eral Accrued Expenses ..... ............. 80.181
Agency Guaranteed Bonds ......... 276,270 Non-Admitted Reinsurance. ............ 30,185
State and Municipal Bonds ............ 2,177,474 Dividends Payable to Pollcyholdefs ...... 24,746
Other Bonds ............... .... 414,420 Loss Portfolio Transfer ..... .......... (145,626)
Common Stocks ........... 209,554 Other Liabilities ...................... 198,332
Other l@sted @ ...... ...... 87,099
TOTAL INVES-RMENTS ... ......... 3,666.586
TOTAL LIABILITIES .............. 3,995,418
Capital Stock ................ ....... 13.987
Investments in Affiliates: Paid-In Surplus .......... . ....... 472.986
Vigilant Insurance Company .... .... 2DO,591
Great Nothern Insurance Company ... 68,809 Unassigned Funds ................... 59i.747
Pacific Indemnity Company .......... 321,258
Bellemead Development Corporation ... 376,501 Unrealized Appreciation of l@stments 325.912
C.C. Canada Holdings Ltd ........... 68,062
Other Affiliates ...... .............. 47,482 SURPLUS TO POLICYHOLDERS ..... 1,404,632
Cash .............................. 12,963
Net Pemiums Receivable .......... .. 402,322
Olhor @ ....... ................ 235,476 TOTAL LIABILITIES AND SURPLUS
TOTAL ADMMED ASSETS .......... S 6.400,050 TO POLICYHOLDERS. ......... S 5,400,050
Investments are @lued in accordance with mquirements of the National Mwiation of lnouance Commissionem.
Investments valued at $13,173 are deposiled with government authorities as required by law.
State, County & City of New York, - ss:
- Richard Hight, Assistant Secretary of the Federal InSurance Company
being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to
Policyholders of said Federal Insurance Company on December 31, 1990 is true and correct and is a
true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of
the United States for the 12 months ending December 31, 1990.
Subscribed and sworn to before me
this 1st day of April, 1991.
Assistant Secretary
WRIS F SPARKS
PUBM S@ d N-
N. 0125M
O.~ i@ P.- C-ft
Notary Public Fild @ N-
C-- E.PW. i
FEDERAL INSURANCE COMPANY
FILE# 502364
LOST ORIGINAL INSTRUMENTS AFFIDAVIT AND AGREEMENT
IN CONNECTION WITH BLANKET LOST ORIGINAL INSTRUMENTS BOND
Transfer Agent, please complete prior to execution by affiant: AIC#
1. Blanket Bond No. 8000-28-49 - in favor of CITIBANK, N.A.
2. Cove,age Required: [:] open penalty; El fixed penalty $
3. Current market value of security $
4. Surety bond p,emium $
5. Automatic Coverage limit
(Note: thisaffidavitistobeusedonlywhenthema,ketvalueoftheLostoriginalinstrumentdoesnotexceedtheAutomaticCmerage
limit of $50,000 when the Lost Instrument (only non-negotiable) has not been endorsed, and when the Affiant is a resident of the
U.S.A. or Canada.
6. Complete description of Lost Original Instruments: CTmv ar
4 0
C.@-b"O@Zqhereincalled"Affiant"),beingduly@orn
on oath, deposes and says:
1. That the Affiant is of legal a p@@-t Go 06.
'2
and that he is the lawful owner of, and i! (0. Intru (s) described aboe, (herein collectively called the "Lost
Original Instruments"), which description he represents to be complete and accurate.
2. Affianl states that said Lost Original Instruments ha@e been lost, mislaid, stolen or dest,oyed and cannot now be produced.
3. Said Lost Original lnstrument(s) WAS NOT ENDORSED. Neither said Lost Original lnstrument(s) nor the rights ot Affiant, or the
owner thereof, in said Lost Original lnstrument@s) ha@e, in whole or in part, been cashed, negotiated, sold, assigned, t,ansferred, hypothecated,
pledged, deposited under any agreement or otherwise disposed of, and to the kn@ledge of Affiant no ciaim of ight, title or interest, adverse
to Affiant, or the owner thereof, i@ or to said Lost Original lnstrument(s) has been made or advanced by a@y person.
4. Aifiant has made or caused to be made diligent search for said Lost Original Instruent(s) and has been unable to find or reco@er
the same, and makes this Affida@it and Agreement for the pu,pose of inducing the issuance of new or replacement lnstrument(s) in lieu of
the said Lost Origi@al Instrument(s) or the distribution to Affiant of liquidation poceeds thereof. Affiant hereby agrees immediately to surrender
said Lost Original l.strument(s) for cancellation sho.ld such Lost Original Instrument(s) at any time hereafter come into the hands, c.siody
o, power of Affiant or any other person.
5. Afiiant ag,ees that this Atfidavit and Agreement is delivered to and may be made part of a bond of indemnity (herein called Blanket
Bond) which the Obligee (named above) holds for the protection of parties in interest in connection with Lost Original lnstrument(s) which
Blanket Bond is u@derwritte@ by FEDERAL INSURANCE COMPANY (herein referred to as Obligor). Affiant hereby requests said Obligor to
assume liability under said Blanket Bond to indemnity the Obligee as requested.
6. In consideration of the issuance of (1) such new o, eplacem.nt lnstrument(s) in lieu of that lost, or the dist,ibution to applicant of the
proceeds therefrom, and (2) in consideration of the assumption by Obligor of liability therefor under its said Blanket Bo@d, Affiant, his heirs,
personal repvesentati@es andlor his successors and assigns, agrees to indemnify, protect and sa@e harmless (as a continuing obligation under
which successive ecoveries may be had) the Obligee and Obligor, jointly and severally, their respective successors and assigns, from and
against all loss, cosl and damage (including court costs and attorneys fees) to which they may be subject or liable in respect of the Lost Original
Instrument(s) described above, the issuance of new or replacement lnstrument(s) in lieu of that lost, the distribution of proceeds of said Lost
Original Instrument(s), the requested action of Affiant herein (or any other action associated thermith) or the assumption of liability.
7. Any pe,son wh., k@.@ingly and with i@tent to defraud any i@su,ance co.pany or ther perso@, files an appli.ation for i.s.ra@ce,
co@taining any mate,ially false info,mation, or conceals for the purpose of misleading, into,mation concerning any fact material thereto, com-
mits a f,audulent insurance act, which is a crime.
IN WITNESS WHEREOF, I hereunto subscribe my name this @day of
(AFFIANT)
By: t z - @, -i,, I
(Af f iaut)
ZAOTARY PUBLIC
My commission expires 41 IMPORTANT., Afflant must sign each copy as an original, The
signature on the top form must be notarized,
F@,@ l@-02 0253 (Ed 5 @3) P-73594
- 35 -
Item 111-1.3.
CONSENT AGENDA ITEM # 35289
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED:
ordinance declaring a .8015 acre parcel, situated
at Princess Anne Road and Bonney Road, as EXCESS
property; and, authorizing the City Manager to
convey same to Murray Wholesale Drug Corporatlon.
Voting: 8-1
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
AN ORDINANCE DECLARING CERTAIN PROPERTY
EXCESS AND AUTHORIZING THE CITY MANAGER TO
DISPOSE OF SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
WHEREAS, the City of Virginia Beach acquired ownership of
the following described property by deed recorded in Deed Book
1195, at page 254, and
WHEREAS, the City Council is of the opinion that the follow-
ing described property is in the excess of the needs of the City
of Virginia Beach.
WHEREAS, Murray Wholesale Drug Corp. has requested to be
conveyed the following described property for its fair market value
as evidenced by an appraisal, a copy of which is on file with
the Department of Public Works of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the following described property is hereby
declared to be in excess of the needs of the City
of Virginia Beach and that the City Manager is
authorized to convey said property in the manner he
deems in the best interest of the City of Virginia
Beach reserving therein any and all easements
pertaining thereto.
All that certain strip or parcel of land lying
being in situate in Kempsville Borough, City of
Virginia Beach, Virginia, containing .8015 acres,
as shown on that certain plat entitled "Resub-
division of Property of Murray Wholesale Drug
Corp. and Property Conveyed from City of Virginia
Beach to Murray Wholesale Drug Corp." made by W.P.
Large, Inc., dated September 19, 1991, which is
recorded in Map Book at Page to
which reference is made or a more ptrti-cular
description. It being a part of the same property
acquired by the City of Virginia Beach in Deed Book
1195 at Page 254.
2. The above described property shall be incorporated
with the contiguous parcels, owned by the requestor,
on a resubdivision plat to be properly reviewed,
approved and recorded.
3. This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach on
the 28 day of January 1992 .
NOTE: Adoption requires 9 affirmative
votes by Council.
PEPARTMENT
-2-
IN THE MATTER OF DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO DISPOSE OF SAME WHICH
PROPERTY IS LOCATED IN THE KEMPSVILLE
BOROUGH IN VIRGINIA BEACH
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Murray Wholesale Drug Corp., respectfully
represents as follows:
1. That the petitioner respectfully applies to the Mayor and
the Council of the City of Virginia Beach for an ordinance declaring
the below described property, (the "Property") to be in excess of
the needs of the City of Virginia Beach and to authorize the City
Manager to convey the property to the petitioner in the manner he
deems in the best interest of the City of Virginia Beach.
2. That your petitioner owns the parcel adjacent to the
southern boundary of the below described property.
3. The property your petitioner asks to be declared in excess
of the needs of the City is described as follows.
All that certain strip or parcel of land lying being in
situate in Kempsville Borough, City of Virginia Beach,
Virginia, containing .8015 acres, as shown on that
certain plat entitled "Resubdivision of Property of
Murray Wholesale Drug Corp. and Property Conveyed from
City of Virginia Beach to Murray Wholesale Drug Corp."
made by W. P. Large, Inc., dated September 19, 1991,
which is to be recorded simultaneously with the deed of
conveyance, which plat is hereby referenced for a more
particular description. It being a part of the same
property acquired by the party of the first part in Deed
Book 1195, at Page 254.
4. That the petitioner hereby agrees to purchase the Property
subject to a perpetual easement for pedestrian access, utilities and
drainage in favor of the City of Virginia Beach.
5. That no inconvenience will result to any person by reason
of the sale of this property.
Respectfully submitted,
MURRAY WHOLESALE DRUG CORP.
By
r t
KEMPSVILLE R,,
W WOODS EI)GE CT.
- 36 -
Item 111-1.4.a.b.
CONSENT AGENDA ITEM # 35290
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE to the Department ot
Mental Health, Mental Retardation and Substance Abuse FY
1991-1992 Operating Budget:
$164,328 from the State Department ot Mental
Health, Mental Retardation and Substance Abuse re
emotionally disturbed children and adult supported
living services provided by the Virginia Beach
Community Services Board.
$29,073 Grant from the Virginia Institute for
Developmental Disabilities at Virginia Commonwealth
University re respite services to families with
mentally retarded or developmentally disabled
children provided by the Virginia Beach Community
Services Board.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndort
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
I AN ORDINANCE TO ACCEPT AND APPROPRIATE $164,328
2 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION,
3 AND SUBSTANCE ABUSE OP @ TING BUDGET TO SERVE EMOTIONALLY
4 DISTURBED CHILDREN AND TO PROVIDE ADULT SUPPORTED LIVING SERVICES
5 WHEREAS, the Department of Mental Health, Mental Retardation, and SUbStanCe
6 Abuse is responsible for serving emotionally disturbed children and providing
7 adult supported living services;
8 WHEREAS, the State Department of Mental Health, Mental Retardation, and
9 Substance Abuse has allocated $164,328 to the Community Services Board for these
10 purposes;
11 WHEREAS, this funding increases the departmental position total by 4 FTE's
12 and will become a part of the department's base funding;
13 WHEREAS, no city funding match is required.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA, that funding in the amount of $164,328 be appropriated and 4
16 permanent FTE's be established in the Department of Mental Health, Mental
17 Retardation, and Substance Abuse FY 91-92 Operating Budget to serve emotionally
18 disturbed children and to provide adult supported living services.
19 BE IT FURTHER ORDAINED that appropriations be offset by a $164,328 increase
20 in estimated revenue.
21 Adopted by the City Council of the City of Virginia Beach, Virginia, this
22 28 day of January 1992.
APPROVEL) AS TO
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 GRANT IN THE AMOUNT OF $29,073 TO THE DEPARTMENT OF
3 MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE
4 F?,OM THE VIRGINIA INSTITUTE OF DEVELOPMENTAL DISABILITIES
5 AT VIRGINIA COMMONWEALTH UNIVERSITY TO DEVELOP RESPITE PROGRAMS
6 TO SERVE MENTALLY RETARDED/DEVELOPMENTALLY DISABLED CHILDREN
7 WHEREAS, the Department of Mental Health, Mental Retardation, and Substance
8 Abuse is responsible for providing respite services to families with mentally
9 retarded or developmentally disabled children;
10 WHEREAS, the Virginia Institute for Developmental Disabilities at Virginia
11 Commonwealth University has awarded the City of Virginia Beach Community Services
12 Board a grant in the amount of $29,073 to provide flexible and appropriate
13 respite services to 25 families who have been unable to avail respite because
14 of medical involvements of their son or daughter with developmental disabilities;
15 WHEREAS, the grant increases the departmental position total by .15 FrE;
16 WHEREAS, no local match, ongoing position hours, or continuation
17 commitments are associated with this federal grant.
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA that a grant in the amount of $29,073 be accepted and
20 appropriated and .15 FTE be established for the duration of the grant in the
21 Department of Mental Health, Mental Retardation, and Substance Abuse Operating
22 Budget to provide respite services to families with mentally retarded or
23 developmentally disabled children.
24 BE IT FURTHER ORDAINED that appropriations be offset by a $29,073 increase
25 in estimated revenue.
26 Adopted by the City Council of the City of Virginia Beach, Virginia, this
27 28 day of January 1 1992.
28 This ordinance shall be effective from the date of its a
AS TO
- 37 -
Item 111-1.5.
CONSENT AGENDA ITEM # 35291
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Ordinance to TRANSFER $18,500 within the Department
of Mental Health, Mental Retardation and Substance
Abuse FY 1991-1992 Operating Budget re purchase of
a van to transport individuals participating in
prevention activities.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
1 AN ORDINANCE TO TRANSFER $18,500 WITHIN THE
2 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION,
3 AND SUBSTANCE ABUSE OPERATING BUDGET
4 WHEREAS, $338,700 in Federal Substance Abuse Block Grant funds were
5 appropriated in the Department of Mental Health, Mental Retardation, and
6 Substance Abuse FY 1990-91 Operating Budget;
7 WHEREAS, due to hiring freezes and other delays, $91,993 of these funds
8 were not spent by the end of the fiscal year;
9 WHEREAS, the State Department of Mental Health, Mental Retardation, and
10 Substance Abuse has authorized these funds be carried over to this fiscal year
11 and used for similar purposes.
12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COTJNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA, that funds in the amount of $18,500 be transferred within the
14 Department of Mental Health, Mental Retardation, and Substance Abuse Operating
15 Budget for the purchase of a van to transport individuals participating in
16 prevention activities.
17 This ordinance shall be effective from the date of its adoption.
18 Adopted by the City Council of the City of Virginia Beach, Virginia on the
19 28 day of January 1992.
ON
- 38 -
Item 111-1.6.
CONSENT AGENDA ITEM # 35292
Upon motion by Vice Mayor Fentress, seconded by Counci lman Sessoms, City
Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $28,000 Grants
trom the Virginia Department of Motor Vehicles to
the Virginia Beach Police Department re selective
DUI enforcement, Occupant Protection Lecture
Program, and special training in traffic accident
reconstruction.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Councll Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
I AN ORDINANCE TO ACCEPT AND APPROPRIATE $28,000 FROM THREE GRANTS FROM
2 THE COMMONWEALTH OF VIRGINIA, DIVISION OF MOTOR VEHICLES FOR
3 THE PURPOSES OF PROVIDING @1) OVERTIME FOR POLICE OFFICERS ENFORCING
4 DUI LAWS, (2) A CERTIFIED INSTRUCTOR FOR VEHICLE OCCUPANT PROTECTION,
5 AND (3) SPECIAL TRAINING IN TRAFFIC ACCIDENT RECONSTRUCTION.
6 WHEREAS, the Police Department has been awarded three grants from
7 the Commonwealth of Virginia, Division of Motor Vehicles which must be expended
a by September 30, 1992;
9 WHEREAS, the first of these grants is for the purpose of funding
10 $15,000 in overtime for Virginia Beach police officers who work beyond their
11 normal shift on selective DUI enforcement. The objective of this grant is to
12 increase DUI arrests and reduce alcohol/drug related accidents;
13 WHEREAS, the second of the grants ($5,000) is for the purpose of
14 providing for a certified instructor to train 9 police officers in vehicle
15 occupant protection, to purchase child care seats for use by officers in
16 transporting children, and to purchase brochures and informational material;
17 WHEREAS, the third grant ($8,000) provides for the training of
18 officers in specialized traffic accident reconstruction;
19 WHEREAS, none of the grants requires a city match.
20 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA that $28,000 in grants from the Commonwealth of
22 Virginia, Division of Motor Vehicles be accepted and appropriated for the
23 following purposes: (1) paying police officers $15,000 in overtime to provide
24 enforcement of DUI laws; (2) training 9 police officers in vehicle occupant
25 protection, purchase of car seats for children transported by police officers,
26 and purchase of brochures and informational materials; and (3) paying for
27 training of police officers in specialized traffic accident reconstruction.
28 BE IT FURTHER ORDAINED, that the FY 1991-92 Operating Budget
29 estimated Revenue from the Commonwealth be increased by $28,000.
30 This ordinance shall be effective from the day of its adoption.
31 ed on this day January 28, 1992.
- 39 -
Item 111-1.7.
CONSENT AGENDA ITEM # 35293
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $250 Donation
trom the Kempsville Chapter of the American
Association of Retired Persons to the Community
Development Loan and Grant Fund re use in housing
rehabilitation programs.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
1 ORDINANCE TO ACCEPT AND APPROPRIATE DONATION OF $250
2 FROM THE AMERICAN ASSOCIATION OF RETIRED PERSONS
3 TO THE CDBG LOAN AND GRANT FUND
4 WHEREAS, the Department of Housing and Neighborhood
5 Preservation operates housing rehabilitation programs for the
6 benefit of the citizens of Virginia Beach using Federal Cominunity
7 Development Block Grant and other funds;
8 WHEREAS, the Kempsville Chapter of the American
9 Association of Retired Persons wishes to contribute to these
10 programs and has provided two donations of $100 and $150 for this
11 purpose;
12 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH that the donation of $250 from the American
14 Association of Retired Persons be accepted and appropriated to the
15 Community Development Loan and Grant fund for use in housing
16 rehabilitation programs;
17 BE IT FURTHER ORDAINED that revenues from donations made
18 be increased by $250.
19 Adopted by the Council of the City of virginia Beach this 28
20 day of January 1992.
21 Approved as to Content Approved as to Form
22
23 Mai tor .@ci:
24 De using and
25 Neighborhood Preservation
APPROVEDASTO
WALTER-C. KRAMER, JR.
OFFICE OF BUDGET AND EVALUATION
- 40 -
Item III-I.8.
CONSFNT AGENDA ITEM # 35294
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED:
LOW BIDS:
SHORELINE CONTRACTORS, INC. Lynnwood/Michaelwood $134,685.00
Sewerage and Water Facilities
Contract IB
SHORELINE CONTRACTORS, INC. Lynnwood/Michaelwood $189,640.00
Sewerage and Water Facilities
Contract IIB
SUBURBAN GRADING & Lynnwood/Michaelwood $707,998.75
UTILITIES, INC. Sewerage and Water Facilities
contract IIA
(CIP 6-948/5-048)
HENDERSON Ocean Lakes Park $298,000.00
INCORPORATED (CIP 4-949)
The City Clerk advised this item was listed INCORRECTLY in the Agenda.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
- 41 -
Item III--I-9-
CONSENT AGENDA ITEM # 35295
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, CitY
Council ADOPTED:
Ordinance authorizing a Special Tax Refund in the
amount of $504.51 upon application of cetain
persons and upon certification of the Commissioner
of the Revenue.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
AN ORDINANCE AUTTIORIZING SPECIAL TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF TliE REVF-,NUE
BE IT ORDAINED BY TliE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the followitig applicatioils for special tax refunds, upon certification of
the Commissioner of the Revenue are hereby approved:
Date
NAME Year Paid Base Penalty Int. Total
The Original Sub Shop 1991 10/20/91 $1,009.02 -------- ------ $1,009.02
CIO Mr. Emanuel Konasis Actual Tax Due $504.51 -------- 504.51
930 Horseshoe Ct. Amount Overpaid ......................... $ 504.51
Virqinia Beach, VA 23454
TOTAL CREDIT DUE: $504.51
Commissioner of the Revenue
Approved as to form:
City Attorney
Th'-s ordinance shall be effective frorn date of
adoption.
The above abatement(s) totaling $ 50 4 . 5 1 were approved by the Council of the City of
Virginia Beach on the 28 day of January 19 92
Ruth Hodges Smith
City Clerk
CITY OF VIRGINIA BEACII
SPECIAL TAX AUDITOR
TAX STATEMEN'F
MR. EMANUEL KOPASIS COM@IISSIONER OF THE REVENUE
930 HORSESHOE CT. MUNICIPAL CENTER
VIRGINIA BEACH, VA 23454 CITY IIALL BUILDING
SPECIAL TAX DIVISION
RE: THE ORIGTNAL SUB SHOP VIRGINIA BEACii, VA 23451
ACCOUNT #334-1 S B PHONE: 427-8660
Your 1991 City Food Tax has been audited/estimated for the month of
Septeiiiber. See below for the breakdown.
TAX TAX REPORTED ESTIMATED
MONTH RATE FIGURE FIGURE TAX PENALTY TOTAL
SEPTEMBER 4.5% $11,211.34 $504,51 $504,51
TOTAL: $504,51
ANOUNT PAID: $1,009.02
BALANCE DUE: $504.51
- 42 -
Item III-I.10
CONSENT AGENDA ITEM # 35296
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $23,150.12 upon application of cetain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Nancy K. Parker
FORM NO C.1 8 FIEV. aw
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty Int. Total
Wholesale Service, Inc. 1990 Audit 421.54 421.54
P. 0. Box 426
Portsmouth, VA 23705
Williford, Dalton T. 1989-90 Audit 47.04 47.04
T/A D & W Home Improvernents & Bldr.
4069 Maple Drive
Chesapeake, VA 23321
Certified as to Payment:
Fl.bel P V..ghr,
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 468,58 were approved by the Council
of the City of Virginia Beach on the 28 January 92
- day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO, C.& 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Support Svstems Associates, Inc.
1300 Veterans Memorial Hwy. 1989-91 Audit 4,261.01 4,261.01
Hauppauge, NY 11788
Tidewater Recreation, Inc. 1990 Audit 26.23 26.23
5360 Challedon Drive
Virqinia Beach, VA 23462
Wetmore, Mark 0. 1991 Audit 90.77 90.77
T/A Tub's Etc.
893 Hexley Court
Virginia Beach, VA 23462
Certified as to Payment:
Commissioner o ue
Approved as to form:
@sri-e L. Cille-y
City Attorney
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $ 4,378-01 were approved by the Council
of the City of Virginia Beach on the 28 day of January 19 92
Ruth Hodges Smith
City Clerk
FORM NO, C.k 0 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Paid Base Penalty Int. Total
Smith, James 0. 1991 Audit 50.00 50.00
826 Williams Street
Pittsfield, MA 01201
Spruill, Harrell D. 1990 Audit 62.72 62.72
T/A Oceana Realty/Oceana Referral
900 General Stewart Drive
Virginia Beach, VA 23454
Stewart-Perry Co., Inc. 1990-91 Audit 1,525.29 1,525.29
2154 Hiqhland Avenue
Birmingham, AL 35205
Certified as to Payment:
an@
Commissioner of the Revenue
Approved as to form:
@es ire L. Cilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 8 1,63g-nl were approved by the Council
of the City of Virginia Beach on the 28 day of January 92
19
Ruth Hodges Smith
City Clerk
FORM No. C.k 0 REV, &M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA.BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Nancy Chandler Assoc., Inc.
701 W. 21st Street 1990 Audit 430.56 430.56
Norfolk, VA 23517
Plitts southern Theatres, Inc.
T/A Pembroke Mall Theatre 1990 Audit 6,683.81 6,683.81
cineplex Odeon corp.
1303 Yonse Street
Toronto, Ontario M4T2V9
Seajay Industries, Inc. 1988-91 Audit 891.37 891.37
T/A sigiers Graphics & Printing
569 Central Drive
virginia Beach, VA 23454
Certiiied as to Payment:
Commissioner of the Revenue
Approved as to form:
@e@ie L. LilleY-/
City Attorney-
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 8, 005. 74 were approved by the Council
of the City of Virginia Beach on the 98 day of January 19 92
Ruth Hodges Smith
City Clerk
FORM NO, C.A. 8 REV. a%
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Cuisine & Company 1991 Audi-t 1,305.97 1,305.97
2000 Colonial Ave.
Norfolk, VA 23517
Danielson & Associates, Tnc.
2798-B Dean Drive 1991 Audit 914.56 914.56
Virginia Beach, VA 23452
DMT EnterPrises, Inc. 1990-91 Audit 80.13 80.13
T/A Tres Delish/Tre Delish II
4513 Guam Street
N7irginia Beach, VA 23455
Certified as to Payment:
Commissioner of enue
Approved as to form:
1-@ -
@esi@e L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2, 300. 66 were approved by the Council
of the City of Virginia Beach on the 28 day of January 19 92
Ruth Hodges Smith
City Clerk
FORM NO. C,k 8 REV. 3U
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Edwards-Councilor Co. Inc. 1988-90 1988-90 2,534.30 2,534.30
1427 Baker Road
Virginia Beach, VA 23455
Ferguson, James 11. 1988-91 Audit 247.00 247.00
T/A Bayside 1,7ell & Pump Service
3515 Dublin Court
Virginia Beach, VA 23454
Freddy's of Va. Beach, VA Inc.
T/A Freddy's RX 1990-91 Audit 511.35 511.35
90 Commerce Drive
Rochester, NY 14623
Certified as to Payment:
Approved as to form:
(-@ cx -
Leslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 3 292 . 65 were approved by the Council
January 92
of the City of Virginia Beach on the 28 day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
General Booth Inc. 1990 Audit 507.02 507.02
T/A Great Big Greenhouse
4548 Bonney Road
Virginia Beach, VA 23462
Hampton Roads Tnvestment Corp.
4407 Foxwood Place 1988-90 Audit 30.00 30.00
Suffolk, VA 23435
James, Richard D. lq9o Audit 21.44 21.44
T/A S & R Builders
216 79th Street
Virginia Beach, VA 23451
Certified as to Payment:
obert P. Vaugh
Commissioner of the Revenue
Approved as to form:
@s@ie L. Liil-e
City Attorney-
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling S 558. 46 were approved by the Council
of the City of Virginia Beach on the 28- day of 19 92
Ruth Hodges Smith
City Clerk
FORM NO. C.A@ 0 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the foliowing applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Jennings, morris L. 1990-91 Audit 233.05 233.05
T/A State Auto Sales
1169-B N. Military Highway
Norfolk, VA 23502
Margaretten & Co., Inc. 1989-90 Audit 1,427.75 1,427.75
205 Smith Street
Perth Amboy, NJ 08862
Meyer, Gregorv M., M.D. 1990-91 Audit 359.22 359.22
4432 Reynolds Drive
Virginia Beach, VA 23455
Certified as to Payment:
Commissioner of
Approved as to form:
This ordinance shall be effective irom date of
adoption.
The above abatement(s) totaling $ 2,020. 02 were approved by the Council
28 January 92
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
F@M NO@ C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Akers, Arthur R. III 1990 Audit 49.78 49.78
T/A Rug Handlers Ltd.
1624 Nester Drive
Elizabeth Citv, NC 27909
Cardinal Court Club Associates
T/A Cardinal Racquet Club 1991 Audit 371.64 371.64
4444 Expresswav Drive
Virginia Beach, VA 23452
Conway-Sauser, Deborah M. 1990-91 Audit 66.57 66.57
T/A Debsco Supplv
101 E. Mahan Street
Suffolk, VA 23434
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
Leslie L. Lille
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 497.99 were approved by the Council
of the City of Virginia Beach on the 98 day of 119 92
Ruth Hodges Smith
City Clerk
- 43 -
Item III-J.1.
APPOINTMENT ITEM # 35297
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS:
HUMAN RIGHTS COMMISSION
- 44 -
Item Ill-K.I.
UNFINISHED BUSINESS ITEM # 35298
ADD-ON
Councilman Baum referenced the City Council policy concerning Candidate Forums
broadcast on Municipal Cable Channel 29. The City Counci I had discussed the
utilization of the Cable Channel for Candidate Forums by the League of Women
Voters, Council of Civic Organizations and Chamber of Commerce in combination,
but not any one separate agency.
In response to Counci iman Baum, City Counci I concurred that this aval labi I ity
for Candidate Forums shall not be accommodated for any one agency.
City Counci I ADOPTED on August 6, 1991, the Resolution to approve a change in
City Pol icy to al low City Counci I and General Assembly Candidate Forums to be
broadcast on Municipal Cable Channel 29.
- 45 -
Item III-L.l.
NEW BUSINESS ITEM # 35299
ADD-ON
BY CONSENSUS, City Council RESCHEDULED to the City Council Session of February
4, 1992:
FY 1992-193 OPERATING BUDGET SCHEDULE
- 46 -
Item III-M.I.
AD,JOURNMENT ITEM # 35300
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 10:30 P.M.
Be 0. H.
Chief Deputy City Clerk
R h Hdge- Sith, M@C/AAE Mey a Oberdri
i,y Cl, M r
.rk ay
City of Virginia Beach
Virginia