AUGUST 5, 1985 MINUTES
"WORLD'S LARGEST RESORT CITY"
cTry COUNCIL
MA YOR HAROLD REISCHOBFA Ai L-g.
VICE-MA YOR REBA S M@MWAN, P-- A- @h
JORN A. SAUM, Bik-., @k
,VANCY A. @CH, At L-,.
ROBFRT E FENTRESS, V@ B.-A B-gh
@ M. @, P..g. B-gh
M. JACK JENNINGS. JR., L@- B-gh
LOUIS R. 'ONES, By.W. B-VA
ROBERT G. JONES. At @.
J. HENRY M@COY, JR.. K-P'@ B-gh
M@ E. OBERNZ)ORF. At L-91
281 CRTY HAU BUMDRNG
MU,'-'ICIPAL @
RUTH HODGES SMNW. CMC, Cty 0-k CITY COUNCIL AGENDA VRRGINIA BEACH. VIRGINIA 23456-M
(80414274"5
August 5, 1985
Virginia Beach City Council
BRIEFING: Twice-A-Week Garbage Collection- Conference R,,, - 12: NOON
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B- ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Reverend Leonard M. Campbell
(former Mayor - Beaumont, California)
Pastor, Calvary Assembly of God
B- PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. PRESENTATION
1. Recognition of British Scouts and Adult Leaders
G. PROCLA~TION
1. SAFETY BELT MONTH IN TIDEWATER - August, 1985
H. MINUTES
1. Motion to accept/approve the Minutes of July 8, 1985.
I. PLANNING
Ordinance closing, vacating and discontinuing a portion of
Southern Boulevard/Maynard Avenue in the petition of Ernest
L. and Phyllis A. Hudson (Kempsville Borough).
The City Manager recommends the granting of this
extension and FINAL APPROVAL.
Ordinance closing, vacating and discontinuing a portion of
Eranksome Drive in the petition of R. G. Moore Building
Corporation (K~mpsville Borough).
The City Manager recommends the granting of this
extension until October 7, 1985.
'Ordinance closing, vacating and discontinuing a portion of
Old Holland Road in the petition of Larry L. Reiter
(Kemps~ille Borough).
The City Manager recommends the granting of this
extension until September 16, 1985.
Application of Vincent W. Conduff for a WAIVER to a
conditional use permi~ for a ~asoline service station in
'conjunction with a Tinee Giant Convenience Grocery Store on
a 3.99-acre parcel located at the northwest corner of
Newtown Road and Broad Meadows Boulevard (Bayside Borough).
AND
Application of Vincent W. Conduff for a c~hange of zoninff
from B~-2 Community-Business District to A-2 Apartment
D~istrict on a 4.32-acre parcel located at -the northwest
corner of Newtown Road and Broad Meadows Boulevard (Bayside
Borough).
This request for WAIVER and application for a change of
zoning were Deferred June 24, 1985.
RECONSIDERATION of the Application of Creative Designs for a
conditional use permi~ for an o~utdoor advertising structur,.
on a 3.3-acre located on the east side of Diamond Springs
Road, north of Aragon Drive (Bayside Borough).
City Council authorized this reconsideration at its
Regular Session July 8, 1985.
6. Application of Breeden Development Corporation, a Virginia
Corporation, for a WAIVER to a change of zoni f rom B-2
Community-Business istrict to A--', rict on a
.928-acr
13 e parcel Tocated wes o south of
Rosemont Road (Princess Anne Borough).
City Council authorized this WAIVER September 12, 1983.
7. Ordinance to amend and reordain Section 4.5 of the
subdivision Ordinajice pertaining to Public Sites and Open
Spaces.
City Council DEFERRED this amendment July 1, 1985.
8. Ordinance to amend Article 5, Sections 560, 561, 563, 564
and 571 of the Com rehensive Zoni g ordinance Pertaining to
the I ts to remove - duplexes and
CitY Council DEFERRED this Ordinance June 24, 1985.
J. RESOLUTIONS
Industrial Development Revenue Bo,d,
1. Resolutions approving the issuance of Industrial Development
Revenue Bonds:
a. Pembroke Square Shopping Center $5,500,000
b. NapoUtano Enterprises, Inc. $1,000,000
c. Lowe's Investment Corporation $3,000,000
d. Road B. Associates Office Warehouse Park $10,000,000
e. CMC Associates $4,500,000.00
f. Booth Hill Associates $2,750.000
9. Crumley-Fain Associates $850,000.00
h. Paco Incorporated $3,595,000
i. Littleton and William Hudgins $1,000,000.00
j. LPS Management $320,000
k, Lynn-Dee Motel, Inc. $3,750,000
1, J & J Properties $500,000
m. D & P Associates Project $1,500,ooo.oo
n. Octo, Inc., t/a The Dunes Motel $4,250,ooo.oo
0. Pembroke South Associate, Faciiity $10,000,000.00
P. Impact Systems, Inc. $500,000
q. Triton Towers $3,000,Ooo.00
r. VM Associates $975,000
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by Cit@ Council and will be
enacted by one motion in the form Usted. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution authoritzing the enlargement of the
nonconforming structure located at 5625 Virginia Beach
Boulevard (property of John and Katherine Miller).
2. Resolution authorizing and directing the City Manager to
execute the contract with Tidewater Electronic Network
for Police Information (TENPIN).
3. Ordinance authorizing the City Manager to execute an
agreement with the Virginia Beach Resort Conference
Hotel.
4. Ordinance authorizing and directing the City Manager to
execute cost participation agreements with R. G. Moore
Building Corporation for water and sewer facilities.
5. Ordinance authorizing and directing the City Manager to
execute a cost participation agreement with WAFAT
Properties for water facilities.
6. Ordinance authorizing the acquisition of property in fee
simple for rights-of-way for Albertha's Drive/Congress
Street water and sewer improvements C.I.P.Is 5-988 and
6-953 and the acquisition of temporary and permanent
easements of rights-of-way either by agreement or by
condemnation.
7. Ordinance, on SECOND READING, to appropriate $727,415 to
the General Fund for FY 1984 Lease/Purchase Assets
delivered in FY 1985 AND to increase revenues by the same
amount.
8. Ordinance, on SECOND READING, to accept and appropriate a
$29,655 Grant for funding a Safety Kids Program.
9. Ordinance, on SECOND READING, to amend Section 5 of the
Ordinance making appropriations for the fiscal year
beginning July 1, 1985 and ending June 30, 1986 by adding
a new paragraph relating to a retention of a percentage
of the budget for City and School Debt Service.
10. Ordinance, on SECOND READING, to appropriate $23,681,088
to various Capital Project Funds to amend the Capital
Improvement Program for the fiscal years 1984-85 and
1985-86.
11. Ordinance to transfer $27,839 from the Ceneral Fund's
Reserve for contingencies to fund a Human Resource program
study and to award a contract for that purpose to
Administrative and Professional Services, Inc.
12. Ordinance to transfer appropriations between Capital
Projects to close-out completed Capital Projects for
Fiscal Year 19 @ 85.
13. Ordinance to transfer $227,616 from the S.P.O.T. Bureau to
the Police Chief's Staff Bureau due to reorganization of
the Police Department.
14. Ordinance to transfer $289,266 of Capital Project Funds to
establish water and sewer projects for Kempsville/Bellamy
Plantations for cost participation agreements with M.S.C.P
Inc. and Investors Service Corporation.
15. Ordinance to authorize a temporary encroachment into a
portion for the right-of-way General Booth Boulevard to F.
Wayne McLeskey, Jr., his heirs, assigns and successors in
title.
16. Ordinance to authorize a temporary encroachment into a
portion of City property known as Bow Creek Golf Course to
Albert W. McCarthy, his heirs, assigns and successors in
title.
17. Ordinance for the appointment of viewers Mr. Robert J.
Scott, Mr. David M. Grochmal and Mr. C. Oral Lambert, Jr.
for the closure of a portion of Knotts Island Road (Pungo
Borough).
18. Ordinance for the appointment of viewers Mr. Robert J.
Scott, Mr. David M. Grochmal and Mr. C. Oral Lambert, Jr.
for the closure of a portion of Southern Boulevard
(Lynnhaven Borough).
19. Ordinance for the appointment of viewers Mr. Robert J.
Scott, Mr. David M. Grochmal and Mr. C. Oral Lambert, Jr.
for the closure of a portion of Old Providence Road and
Providence Road (Kempsville Borough).
20. Low bid of Asphalt Roads and Materials Company, Inc., in
the amount of $1,128,993.90 for the Bituminous Concrete
Maintenance Resurfacing and Profile Schedule, Contract 1.
21. Low bid of Conrad Brothers, Inc., in the amount of
$7,769,000 for the Central Library Project (CIP 3-905).
22. Low bid of Asphalt Roads and Materials Company, Inc., in
the amount of $815,600.90 for the 1985-86 Various Roads
Contract.
23. Low bid of Spencer Enterprises of Virginia, Inc., in the
amount of $19,667 for the Laskin Road Bridge Repairs
Project.
24. Raffle Permit:
Aragona 'Garden Club
Pembroke Manor United Church of Christ
Princess Anne Plaza Garden Club
25. Ordinance authorizing tax refunds in the amount of $196,554.33
L. APPOINTM-=
1. Planning Commission
2. Area Advisory Commission
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. Virginia Beach Community Development Corporation
Presentation: Human Resources
2. Southeastern Public Service Authority:
Analysis of Virginia Beach Transfer Station Site
3. BOCA Basic/National Fire Prevention Code: Recommended changes
- Ordinance to amend and reordain Sections 12-3(a), 12-8(a) ,
12-25, 12-41, 12-42, 12-43, 12-44, 12-45, 12-46, and 12-49 of
the Code of the City of Virginia Beach, Virginia, pertaining
to Fire Prevention and Protection.
0. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
August 5, 1985
12:00 P.M.
The BRIEFING on TWICE-A-WEEK GARBAGE COLLECTION was called to order by Mayor
Harold Heischober in the Conference Room on August 5, 1985 at 12:00 NOON.
The City Manager iiitroduced Deail Block, Assistaiit City Maiiager for Analysis
and Evaluation, who presented the POLICY ISSUES, CHARTS, TABLES OF COMPARISON,
DETAILED PROJECTIONS, AND ADVANTAGES VS. DISADVANTAGES OF ONCE A WEEK VS.
TWiCE A WEEK GARBAGE COLLECTION (Said materials are hereby made a part of the
record)
In attendance were:
CITY COUNCIL John A. Baum
Nancy A. Creech
Robert E. Fentress
Mayor Harold Heischober
Barbara M. Henley
H. Jack Jennings, Jr.
Louis R. Joiles
Robert G. Jones
Vice Mayor Reba S. McClanan
J. Henry McCoy, Jr., D.D.S.
Ileyera E. Oberildorf
STAFF Thomas H. Muehlenbeck, City Manager
J. Dale Bimson, City Attoriiey
Ruth Hodges Smith, CIZIC, City Clerk
Giles Dodd, Assistant City Maliger for
Admiriistratioil
Edgar D. Block, Assistant City !4anager
for Aiialysis and Evaluation
Aubrey Watts, Deputy City Manager for
Development
C. Oral Lambert, Director of Public
Works
Wade Kyle, Director of Solid Waste
Patricia Phillips, Research
Pamela Lingle, Director of Public
Informatioii
August 5, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 5, 1985
The Regular Meeti@ig of the Couiicil of the City of Virgiiiia Beach, Virgiiiia,
was called to order by Mayor Harold Heischober iii the Co@iferelice Room, City
Hall Buildiiig, oii Moiiday, August 5, 1985, at 1:00 i@i the afteriiooii.
Couiicil Members Present:
John A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Heilley, H. Jack Jeiinings, Jr., Louis R.
Joiies, Robert G. Joiies, Vice Mayor Reba S. McClaiiail, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf
Couticil Members Absent:
None
August 5, 1985
- 2 -
ITEM # 23949
Mayor Heischober eiitertained a motion to permit Council to coilduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virgiiiia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
1. PERSONNEL MATTERS: Discussioii or consideration of employment,
assignment, appointmeiit, promotioti, performance, demotioil,
salaries, di.sciplining or resigiiation of pubic officers,
appoiiitees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition publicly held property,
or of plaiis for the future of aii institutioll which could
affect the value of property owned or desirable for ownership
by such iE5titution.
3. LEGAL MATTERS: Coiisultation with legal counsel or briefiligs
by staff members, consultatits or attorneys, pertaining to
actual or potential litigatioii, or other legal matters
withiii the jurisdiction of the public body.
Upoii motion by Couiicilwoman Creech, secoiided by Councilmaii Baum, City Council
voted to proceed into the EXECUTIVE SESSION.
Votiiig: 9-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, Louis R. Jones, Robert G. Jolies,
Vice Mayor Reba S. McClanaii, and Meyera E. Oberndorf
Council Members Votiiig Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
August 5, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 5, 1985
2:00 p.m.
Mayor Hei.schober called to order the Regular Sebsioll of the Virginia Beach
City Couiicil in the Council Chambers, City Hall Building, on Monday, August 5,
1985, at 2:00 iii the afteriioon.
Council Members Presnet:
Johii A. Baum, Nancy A. Creecb, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, B. Jack Jenaiiigs, Jr., Louis R.
Jolies, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf
Council Members Absent:
Noiie
INVOCATION: Reverend Leonard M. Campbell
Pastor
Calvary Assembly of God
(former Mayor - Beaumont, California)
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
August 5, 1985
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item 11-D.1
CONSENT AGENDA
CENTRAL LIBRAFY ITEM # 23950
Councilman Baum referenced the LOW BID of CONRAD BROTHERS, INC., in the
amount of $7,769,000 for the CENTRAL LIBRARY PROJECT (CIP 3-905) (See
Item II-K.11 of the Consent Agenda).
Richard J. Fitts, Architect with DESIGN COLLABORATIVE, responded to
Councilmaii Baum's inquires concerning the major chaliges involved in re-
ducing the BID. Some major chaiiges were made in the fireproofiiig materials
which reduced the cost as well as a series of minor items i.e., replacing
drainage structures underground from concrete to brick.
Item II-D.2
CONSENT AGENDA
KEMPSVILLE/BELLAMY PLANTATIONS
ITEM # 23951
Councilwoman Henley referenced an Ordinance to transfer $289,266 of CAPITAL
PROJECT FUNDS to establish water and sewer projects for KEMPSVILLE/BELLAMY
PLANTATIONS for COST PARTICIPATION agreements with M.S.G.F INC. and IN-
VESTORS SERVICE CORPORATION (See Item II-K.14 of the CONSENT AGENDA).
The City Matiager advised this item is ati oversiziiig of water and sewer lines
to serve those areas which will fit into the overall Master Plan. This
will be within the time frame of the CAPITAL IMPROVMENT PROGRAM that would
have beeii aiiticipated.
Item II-D.3
CONSENT AGENDA
BOW CREEK GOLF COURSE ITEM # 23952
Councilwoman Henley referenced an Ordinance to authorize a temporary ENCROACHRENT
into a portion of City property known as BOW CREEK GOLF COURSE to ALBERT W.
McCARTHY, his heirs, assigns and successors iii title (See Item II-K.16 of the
CONSENT AGENDA)
Councilwoman Henley wished to be advised of the distance the fence encroaches
into the BOW CREEK GOLF COURSE, and the history of this felice. This item
will be pulled for discussio@i.
August 5, 1985
- 5 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
(Contitiued)
Item Il-D.4
CONSENT AGENDA
CITY AND SCHOOL DEBT SERVICE
ITEM # 23953
Councilman Robert Jones referenced an Ordinatice, on SECOND READING, to amend
Section 5 of the Ordinance makitig appropriations for the fiscal year begiiiiiing
July 1, 1985, aiid ending June 30, 1986,by adding a new paragraph relatilig to a re-
tentioii of a percentage of the budget for CITY AND SCHOOL DEBT SERVICE.
(See Item II-K.9 of the Conseilt Agenda).
The City Maiiager advised Coucilmaii Jones there was iiat a Cover Letter to this
Ordiatice as same was a SECOND READING.
Item II-D.5
CONSENT AGENDA
HUMAN RESOURCE ITEM # 23954
Councilman Robert Jones referenced aii Ordinance to traiisfer $27,839 from the
General Fund's Reserve for contingeticies to fuiid a HUMAN RESOURCE PROGRAM
STUDY and to award a contract for that purpose to ADMINISTRATIVE AND PROFESSIONAL
SERVICES, INC. (See Item 11-K.11 of the Conseiit Agenda).
The City Maiiager advised in many case there is a duplication of services between
the City aiid some of the Non-Profit Corporations this will serve to assess as
well as produce Master Plans for both the Libraries and Parks and Recreatioll
Item II-D.6
CONSENT AGENDA
TAX REFUNDS ITEM # 23955
Mayor Heischober refereiiced aii Ordinance authorizing TAX REFUNDS in the amount
of $196,554.33 (See Item II-K.25 of the Conseiit Agenda).
Mayor Heischober requested this item be pulled for a separate vote.
August 5, 1985
6
Item II-F.1
PRESENTATION ITEM 23956
Mayor Heischober RECOGNIZED the following BRITISH SCOUTS and ADLJLT LEADERS:
SCOUTS ADULTS
Viiiceiit Gibbins John Sherwin
Stuart Williams Chris Price
Mark Burrows Peter Lloyd
Bill Cateii, with the City's Traffic Engineering Office, and Assistant Scout
14aster for Troop 490 of St. Gregory's Catholic Church, explained that last year
some of his Troop's Leaders and Scouts had visited England and these gentlemen
were here oii aii Exchange Basis.
Mayor lieischober presented each of the Scouts with a replica of the Lighthouse aild
the Adult Leaders with jeffersoyi Cups as well as a replica of the City Seal for
their Mayor in the Borough of Rushmore.
John Sherwin read a letter from his Mayor and presented Mayor Heischober a
copy of the Borough's Coat of Arms, as well as a booklet telling the story of
the statue of the Duke of Welliiigton.
August 5, 1985
7
Item II-G.1
PROCLAMATION ITEM 2395@
Mayor Heischober PROCLAIMED the month of August, 1985 as:
SAFETY BELT MONTH IN TIDEWATER
Councilman Fentress, who was itistrumental in the development of this PROCLAMATION,
read same.
This PROCLAMATION recognized the SAFETY BELT as the single most effective de-
vice available to protect against serious aild fatal injuries to car occupants.
August 5, 1985
- 7a -
PROCLAMATION
WHEREAS, there are twenty thousand (20,000) fatalities each year
among drivers and passengers in the front seats of automobiles in the
United States;
WHEREAS, there are two million (2,000,000) injuries each year
among drivers and passengers in the front seats of automobiles in the
United States;
WHEREAS, there is proof beyond doubt that the use of safety belts
reduces the occurrence of these deaths and injuries by approximately
one-half;
WHEREAS, the safety belt, when used, is the single most effective
device available to protect against serious and fatal injuries to car
occupants; and,
WHEREAS, traffic accidents and deaths cost American taxpayers,
employers and insurance policy holders tens of billions of dollars each
year due to injuries or deaths that could have been prevented by the
use of safety belts.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of
Virginia Beach, do hereby PROCLAIM:
AUGUST 1985
SA,FETY BELT MONTH IN TIDEWATER
And further, call upon all persons operating automobiles and trucks
within the Cities of Chesapeake, Hampton, Newport News, Norfolk,
Portsmouth, Suffolk and Virginia Beach to BUCKLE THEIR SAFETY BELTS at
all times and to continue this practice after this month and for all
time thereafter.
Given under my hand and seal,
this Fifth day of August,
Nineteen Hundred Eighty-Five.
Mayor
Requested by Councilmember Robert E. Fentress
August 5, 1985
8
Item II-H.1
MINUIES ITEM 23958
Upon motioti by Councilwoman Creech, seconded by Couiicilman Felitress, City
Council APPROVED the MINUTES of July 8, 1985, with the following CORRECTION:
FRONT PAGE - BRIEFING - The fourth paragraph should be
corrected as per the followilig:
City Council discussed the alternate program proposed by
the RESORT AREA ADVISORY COMMISSION and their request for
a FIVE-YEAR COMMITTMENT. The -INTERiM-GAPITAL-.IMPR(4V@NT
PROGRAM A BUDGETARY APPROPRIATION includes $1.86-Million
for the USORT AREA REVITALIZATION. The 5-Year Capital
Improvement Program will be reviewed again in October.
Voting: 11-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf
Council Members Voting Nay:
Notie
Couiicil Members Absent:
None
August 5, 1985
9
Item II-I. 1
PLANNING ITEM 23959
Attorney Andrew Fifie represented the applicant
Upoii inotion by Councilman Louis Jones, seconded by Councilwomaii Oberndorf, City
Council GRANTED AN EXTENSION OF COMPLIANCE uiitil August 5, 1985, aiid FINAL
APPROVAL upoii aii Ordinance closiiig, vacatiiig aiid discontitiuiiig a protion
of Southern Bouievard/Mayiiard Avenue in the petition of ERNEST L. AND PHYLLIS
A. HUDSON.
FINAL APPROVAL
Application of Ernest L. and Phyllis A. Hudson for the
discontiiiuaiice, closure and abandoiimeiit of portions of
Southerii Boulevard aiid Maynard Aveiiue adjacent to the
southern boundaries of Blocks 57 and 58 between Rose-
marie Aveiiue aiid Aragoiia Boulevard and a portion of
Laveiidar Lane between Cleveland Street and Maynard
Avenue. Said parcel contaitis 1.162 acres. KEMPSVi-b@
BGR9UGHT BAYSIDE BOROUGH*
*Councilmati McCoy referenced correct Borough as being Bayside.
Votiiig: 11-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennitigs, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Heliry
McCoy, Jr., D.D.S., atid Meyera E. Oberndorf
Council Members Voting Nay:
Noiie
Council imembers Absent:
None
August 5, 1985
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THOSE CERTAIN STREETS KNOWN AS SOUTHERN BOULEVARD, MAYNARD AVENUE
AND LAVENDER LANE LOCATED IN THE KEMPSVILLE BOROUGH OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED
'PLAT PURSUANT To STREET CLOSINGI EUCLID PLACE, KEMPSVILLE
BOROUGH, VIRGINIA BEACH, VIRGINIA".
WHEREAS, it appearing by affidavit that proper notice has
been given by Ernest L. and Phyllis A. Hudson, that they would
make application to the council of the City of Virginia Beach,
Virginia, on the _ day of , 19 , to
have the hereinafter described streets discontinued, closed and
vacated; and
WHEREAS, it is the judgment of the Council that said streets
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described streets be discontinued,
closed'and vacated:
(1) SOUTHERN BOULEVARD beginning at a point on the
northern line of the right of way of the Norfolk
Southern Railway Company at its intersection with the
western side of Rosemarie Avenue; thence along the right
of way of the Norfolk Southern Railway Company S 84* 541
30" E, 122.50 feet, to a point at the intersection of
the southern side of Southern Boulevard and Maynard
Avenue; thence N 05* 51' 48" W, 30.56 feet, to a point
at the intersection of the northern side of Southern
Boulevard and Maynard Avenue; thence N 840 541 301 W,
116.69 feet to a point, which was formerly the western
side of Rosemarie Avenue; thence S 05* 051 30" W, 30
feet to the point of beginning.
(2) MAYNARD AVENUE beginning at a point in the northern
line of the right of way of the Norfolk Southern Railway
Company at its intersection with the southern side of
Maynard Avenue; thence along the southern side of
14aynard Avenue N 73* 10' 53" E, 838.03 feet to a point
on the western 6ide of Aragona Boulevard; thence N 05*
051 301 E, 32.33 feet to a point on the north side of
Maynard Avenue; thence along the north side of Maynard
Avenue S 73* 101 53" W, 844.29 feet to a point, which is
the intersection of the northerly side of Maynard Avenue
and the northerly side of Southern Boulevard; thence S
050 511 480 E, 30.56 feet to the point of beginning.
I
August 5, 1985
I
i
9b -
(3) LAVENDER LANE b6ginning at a point on the southwest
corner of its intersection with Cleveland Street; thence
S 84' 541 301 E, 50.0 feet to a point on the southeast
corner of the intersection of Lavender Lane and
Cleveland Street; thence S 05* 05' 301 W, 426.16 feet to
a point on the north side of Maynard Avenue; thence S
73* 10' 531 W, 53.89 feet to a point at the northwest
corner of the intersection of Lavender Lane and Maynard
Avenue; thence N 05* 051 30" E, 446.27 feet to the point
of beginning.
Said parcels of land being portions of Southern Boulevard,
Maynard Avenue and Lavender Lane, as indicated on that certain
plat of property to be vacated entitled *Plat Pursuant to Street
Closing, Euclid Place, Kempsville Borough, Virginia Beach,
Virginia".
SECTION II
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach, indexed
in the name of the City of Virginia Beach, as grantor.
SECTION III
APPP.O'.-'!-cD AS TO CONTENT
Cl-, Y A. -1 t-,k4Z f
F INL APPROVAL August 5, 1985
@GUM & F.A.
ATTO@S AT LAW
ONS 00@RCM PARK
@UCK ITOAD AT
PODT OMM nox st@
VIRO@ B"CIFL VIRG@ BWU
CERTIFICATE OF VESTING OF TITLE
Is GARDINER M. HAIGHT, attorney for Ernest L. and Phyllis A.
Hudson, do hereby certify that:
1. I am an attorney at law and represent ErneSt L. and
Phyllis A. Hudson, the petitioners.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in Ernest L. and
Phyllis A. Hudson and the Norfolk Southern Railway Company the
adjacent landowners.
The said property referred to herein is hereby described as
follows:
(1) SOUTHERN BOULEVARD beginning at a point on the
northern line of the right of way of the Norfolk
Southern Railway Company at its intersection with the
western side of Rosemarie Avenue; thence along the right
of way of the Norfolk Southern Railway Company S 84* 541
30" E, 122.50 feet, to a point at the intersection of
the southern side of Southern Boulevard and Maynard
Avenue; thence N 050 51' 481 W, 30.56 feet, to a point
at the intersection of the northern side of Southern
Boulevard and Maynard Avenue; thence N 84' 541 30' W,
116.69 feet to a point, which was formerly the western
side of Rosemarie Avenue; thence S 05* 051 301 W, 30
feet to the point of beginning.
FINE. FINE, LEGUM & FINE
(2) MAYNARD AVENUE beginning at a point in the northern
line of the right of way of the Norfolk Southern Railway
Company at its intersection with the southern Side f
Maynard Avenue; thence along the southern side of
Maynard Avenue N 73* 10cts 53" Er 838.03 feet to a point
on the western side of Aragona Boulevard; thence N 050
05' 30" E, 32.33 feet to a point on the north side of
Maynard Avenue; thence along the north side of Maynard
Avenue S 730 101 53- Wp 844.29 feet to a point, which is
the intersection of the northerly side of Maynard Avenue
and the northerly side of Southern Boulevard; thence S
050 51' 480 E, 30.56 feet to the point of beginning.
(3) LAVENDER LANE beginning at a point on the southwest
corner of its intersection with Cleveland Street; thence
S 84* 541 300 E, 50.0 feet to a point on the southeast
corner of the intersection of Lavender Lane and
Cleveland Streetl thence S 050 051 30- W, 426.16 feet to
a point on the north side of Maynard Avenue; thence S
73' 10' 53m W, 53.89 feet to a point at the northwest
corner of the intersection of Lavender Lane and Maynard
Avenue; thence N 05- 051 30- El 446.27 feet to the point
of beginning.
GA@NER M. HA
Fine, Fine, Lo
One Commerce Park
Witchduck Road at Cleveland Street
Post Office Box 61546
Virginia Beach, Virginia 23462
(804) 490-4545
- 10 -
Item 11-1.2
PLANNING ITEM # 23960
Upon motion by Councilmaii McCoy, seconded by Couiicilwomaii Oberndorf, City
Couiicil GRANTED AN EXTENSION OF COMPLIANCE until October 7, 1985, in
the application of R. G. MOORE BUILDING CORPORATION for the closure of
a portioii of Ego Drive.
Application of R. G. Moore Buildiiig Corporatioii for the
discontiiiuaiice, closure aiid abaiidoiimeiit of a portioii of
Branksome Drive (formerly Alease Drive) begiiiiiing at a
point 635.90 feet northwest of Holland Road and 270 feet
more or less northwest of Edwiii Drive and rulidilig ill a
northwesterly directioii a distaiice of 265 feet mare or
less. Said parcel coiitains 15,856 square feet. KEMPSVILLE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Naticy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennitigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf
Council Members Voti,ng Nay:
Noile
Council Members Abseiit:
None
August 5, 1985
Item 11-1.3
PLANNING ITEM 23961
Upon motion by Councilmaii McCoy, secoiided by Councilwomaii Oberndorf, City
Council GRANTED AN EXTENSION OF COMPLIANCE until September 16, 1985,
iii the applicatioii of LARRY L. REITER for the discoiitiliuaiice, closure aiid
abaiidonment of a portioli of Old Hollatid Road.
Applicatioit of Larry L. Reiter for the discontiiluance,
closure aiid abaiidonmeiit of a portion of Old Holland
Road begiiiniiig at a poiiit 250 feet more or less west
of Table Rock Road and running along the southern
bouxidary of Lot 29, Block E, Windsor Oaks West. Said
parcel is 50 feet iii width and contains 6,400 square
feet more or less. KEMPSVILLE BOROUGH.
Votilig: 11-0
Council Members Voting Aye;
Joh,i A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClalian, J. Heiiry
McCoy, Jr., D.D.S., aiid Meyera E. Oberiidorf
Couticil Members Votiiig Nay:
None
Council Members Abseiit:
None
August 5, 1985
- 13 -
Item II-I.5
PLANNING ITEM # 23963
Ed Miller, of Creative Displays, represented the applicatioii
Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City
Council AMENDED a Coiidition in the applicatiori of CREATIVE DESIGNS for a
Conditional Use Permit ADOPTED by City Council oii June 24, 1985, as per the
following;
ORDINANCE UPON APPLICATION OF CREATIVE DESIGNS FOR A
CONDITIONAL USE PERMIT FOR AN OUTDOOR ADVERTISING
STRUCTURE R0685758
Ordinance upon application of Creative Designs for a
Conditional Use Permit for an outdoor advertising
structure on certain property located on the east
side of Diamond Spriiigs Road, 130 feet more or less
iiorth of Aragoii Drive. Said parcel coiltains 3.3
acres more or less. Plats with more detailed in-
formation are available in the Departmeilt of Plannilig
BAYSIDE BOROUGH.
The followiiig conditioll shall be required:
1. Approval shall be for a limitatioii of twettty fifteen years.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creecht Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jolies, Robert G. Jones,
J. Henry McCoy, Jr., D.D.S, and Meyera E. Oberlidorf
Couilcil Members Votiiig Nay:
H. Jack Jeniiings, Jr., and Vice Mayor Reba S. McClanan
Council Members Absent:
None
August 5, 1985
- 13a -
I
I
d
.57
August 5, 1985
- 14 -
Item II-I.6
PLANNING ITEM # 23964
Attorney Jeffrey B. Ha@ker represented the applicaiit
Upon motion by Councilmall Louis Jolies, seconded by Couticilman Fentress, City
Couiicil, as per the application of BREEDEN DEVELOPMENT CORPORATION, a Virginia
Corporation, WAIVED a conditioil of a VOLUNTARY PROFFER (Granted with a change of
Zoning on September 12, 1983, upon application of INTERNATIONAL PARKWAY
INVESTMENT PROPERTIES, SEVEN D CORPORATION, AND SEVEN A COPRORATION from B-3 to
B-4 in the BAYSIDE BOROUGH).
The condition requested for removal was:
"If multiple-family dwellings are constructed on the
property, iio other use shall be made of the property."
The WAVIER of this condition shall be to remove the restrictive use for the frontage
on Virginia Beach Boulevard to a depth of 220 feet. Buildings on said property
shall be one-story aiid not more thaii 8,000 square feet. No more than 132 uiiits
shall be constructed oii the remainiiig portioii of the properly.
Votiiig: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr., Louis
R. Jones, Vice Mayor Reba S. McClanaii, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Heiiley, Robert G. Jolies, and
Meyera E. Oberndorf
Council Members Absent:
Noiie
August 5, 1985
14a
PUBLIC NOTICE
Virginia Beach Ift @ IW, at
'V@ Regular Session 2:00 PM,
Monday, wifl
consider AIVErof-a con-
dition approved in the change of
zoning application approved Sep-
tember 12, 1983, in I*half of a
request 4-om the BREEDEN
COMPANIho@
Ruth H. Smith, CMC
City Clark
185-16 2t 7-31 V]3
- 15 -
Item II-1.7
PLANNING ITEM # 23965
Upoii motiou by Vice Mayor McClanall, secouded by Councilman Jeiini@igs, City
Council DEFERRED until after a BRIEFING by Stafi the followiiig Ordinance;
ORDINANCE TO AMEND AND REORDAIN SECTION
4.5 OF THE SUBDIVISION ORDINANCE PER-
TAINING TO PUBLIC SITES AND OPEN SPACES
Mayor Heischober suggested when utiliziiig a oiie-half (1/2) acre threshold, rather
tha@i showing the perceiitage of Total Latid Required for Opeti Space, the iumber of
acres comprised for each subdivsion should be depicted as per the followitig:
Lots Size % of Total Laiid
Required for
Opeti Space
Less than 5,000 sq. ft- 3.33acres
5,000 sq. ft. - 7,499 sq. ft. 4.17 acres
7,500 sq. ft. - 9,999 sq. ft. 5 acres
10,000 sq. ft. - 14,999 sq. ft. 6.3 acres
15,000 sq. ft. - 19,999 sq. ft. 7.14 acres
20,000 sq. ft. - 29,999 sq. ft. 8.3 acres
30,000 sq. ft. - 39,999 sq. ft. 10 acres
greater thati 40,000 sq. ft. 16.7 acre
Councilmaii Robert Jones advised his prefere@ice would be to reduce the minimum
amouiit for recreatioiial purposes from oiie-half (1/2) acre. He further advised
increasiiig the percentages of Total Laiid required for Open Space iii the
higher deiisity areas aiid removiiig them altogether iii the 30,000 square foot to
39,999 square feet aiid those greater thad 40,000 square feet lot sizes.
Voting: 10-0
Cour@cil Members Voting Aye:
Johii A. Baum, Naticy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiiiiiiigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClaiiaii, and
Meyera E. Obertidorf
Cou@icil Members Votitig Nay:
None
Couticil liembers Absent:
J. Hetiry McCoy, Jr., D.D.S.
August 5, 1985
- 16 -
Item II-I.8
PLANNING ITEM # 23966
Dianna L. Ciose, represented Shadowlawn Heights Civic League, and read a letter
dated July 22, 1985, iii support of an Ordiiiaiice to amend Article 5, Sectioii
560, 561, 563, 564 aiid 571 (Said letter is hereby made a part of the record)
The following also spoke iii support of the Ordilialice:
Peter Athens, represented the Lakewood Civic League
Robert Yoder, Architect, spoke concerniiig duplexes at the North Eild of the
Beach
Emmett Story, represented the North Beach Civic League
Upon motioii by Councilman Robert Jones, secoiided by Couiicilwoman Creech, City
Council ADOPTED the following:
ORDlNANCE TO AMEND AND REORDAIN ARTICLE 5,
SECTIONS 560, 561, 563, 564 and 571 OF THE
COMPREHENSIVE ZONING ORDINANCE PERTAINING
TO THE R-7 AND R-8 RESIDENTIAL DISTRICTS.
Votiiig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober,*Barbara M. Heliley, H. Jack Jeiiniiigs, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf
Council Members Voting Nay:
None
Council Members Absent:
Noiie August 5, 1985
*Verbal Aye
- 16a
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, SECTIONS 560, 561,
563, 564 AND 571
OF THE COMPREHENSIVE ZONING ORDIANNCE
PERTAINING TO THE R-7 AND R-8
RESIDENTIAL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 5, Section 560, Legislative Intent, of the C.Z.O. be amended
and reordained in part as follows:
560. Legislative Intent.
Creation of the R-7 Residential District is in recognition of the
existence of large areas now developed in single-family dwellings on lots
with fifty (50) and sixty (60) foot frontages. It is not the intention
to create additional districts of this type or to enlarge the limits of
such districts. Flextb*;*ty-*H-housiRg-types-wewld-be-a6h4eyed-by-perRi4t-
That Article 5, Section 561, Use regulations, of the C.Z.O. be amended
and reordained in part as follows:
561. Use regulations.
(a) (Principal and accessory uses and structures). All of the
principal and accessory uses and structures permitted in
the R-6 Residential District shall be permitted in the R-7
Residential District.
(b) Conditional uses and structures. Conditional uses and structures
permitted in the R-6 Residential District aRd-4m-add*t*eRz.
(@4 OwellcngsT-duplex.
@24 In-eeRneetten-w*th-s@ngle-fam4ly-dwell@Rgs,-garage-apaFt-
Rientsi-prey*dedT-heweveFT-there-shall-be-allewed-eRly-one
That Article 5, Section 563, Minimum lot area, lot width, yard spacing and
maximum lot coverage, of the C.Z.O. be amended and reordained in part as follows:
563. Minimum lot area, lot width, yard spacing and maximum lot coverage.
(a) Lot area:
(1) For single-family dwellings and-duplexes, the minimum lot
area shall be five thousand (5,000) square feet.
(2) For a use other than a dwelling, the minimum lot area shall
be ten thousand (10,000) square feet; provided, however,
that the minimum lot area for churches shall be three (3)
acres.
August 5, 1985
- 16b -
(b) Lot width:
(1) For single-family dwellings ard-duplemes, the minimum lot
width shall be fifty (50) feet.
(2) For a use other than a dwelling, the minimum lot width
shall be one hundred (100) feet.
(c) Front yard: The minimum front yard setback shall be twenty
(20) feet for single-family dwellings aRd-dup4exes, and
thirty (30) feet for a use other than a dwelling.
(d) Side and rear yards: For single-family dwellings and-duplexes,
the minimum rear yard shall be ten (10) feet. One side yard
minimum shall be ten (10) feet and the other side yard minimum
shall be five (5) feet. Minimum side and rear yards for uses
other than a dwelling shall be fifteen (15) feet. In the case
of a corner lot, the side yard adjacent to a street shall be
increased ten (10) feet for all permitted uses.
(e) Maximum lot coverage: The maximum lot coverage for single-family
dwellings, duplexes and uses other than a dwelling shall be not
more than forty (40) percent.
That Article 5, Section 564, Off-street parking regulations, of the C.Z.O. be
amended and reordained in part as follows:
564. Off-street parking regulations.
(a) Within the R-7 Residential District parking for single-family
dwellings ard-duplexes shall be at ieast two (2) spaces per
dwelling unit.
(b) For uses other than a dwelling, parking requirements shall be
the same as specified in the R-6 Residential District.
That Article 5, Section 571, Use regulations, of the C.Z.O. be amended and
reordained in part as follows:
571. Use regulations.
Within the R-8 Residential District, the following uses and structures
shall be permitted:
(a) Principal uses and structures:
(1) All of the principal uses and structures pemitted in the
R-7 Residential District;
(2) Dwellings, semi-detached and duplexes.
August 5, 1985
- 16c -
@34 ;R-seAReet*en-with-stngle-faFR44y-dwellingsT-garage-apart-
meRts1/2-prov4dedT-heweyePT-that-there-shall-be-a4;ewed-eR4y-
one-garage-apartRieRt-per-zon4R@-;et.
(b) Accessory uses and structures: Accessory uses and structures
pemitted in the R-7 R-6 Residential District.
(c) Conditional uses and structures: Conditional uses and structures
pemitted in the R-6 Residential District.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day Of August 1985.
APPROVED AS TO CO)XTZN-
"TO CI!ZL%
August 5, 1985
1 7
Iem II-J. 1.
RESOLUTIONS ITE@L 23967
Attortiey Charles Salle', represented the Virginia Beach Industrial Developmeiit
Authority
Upoii motion by Couiicilmaii Batim, secoiided by Couiici.lmaii Louis Jones, City
Council ADOPTED Resolutions approving the Issuance of INDUSTRIAL DEVELOPMENT
REVENUE BONDS by the Virgiiiia Beach Development Authority to the followilig:
PEMBROKE SQUARE SHOPPING CENTER $ 5,500,000
NAPOLITANO ENTERPRISES, INC. $ 1,000,000
LOWE'S INVESTMENT CORPORATION $ 3,000,000
ROAD B. ASSOCIATES OFFICE WAREHOUSE PARK $10,000,000
CMC ASSOCIATES $ 4,500,000
BOOTH HILL ASSOCIATES $ 2,750,000
CRUMLEY-FAIN ASSOCIATES $ 850,000
PACO, INCORPORATED $ 3,595,000
LITTLETON AND WILLIAM HUDGINS $ 1,000,000
LPS MANAGEMENT $ 320,000
LYNN-DEE MOTEL, INC. $ 3,750,000
OCTO, INC., t/a THE DUNES MOTEL $ 4,250,000
PEMBROKE SOUTH ASSOCIATES FACILITY $10,000,000
TRITON TOWERS $ 3,000,000
VM ASSOCIATES $ 975,000
Votiiig: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., aiid
Meyera E. Oberndorf
Couiicil Members Voting Nay:
H. Jack Jeniiings, Jr.
Council Members Absent:
Noiie
August 5, 1985
- 17a -
Cit@ <Df
J. DALE BIMSON MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH, VIRGINIA 23456-9002
(804) 427-4S31
July 29, 1985
The Honorable Harold Heischober, Mayor,
& Members of City Council
Municipal Center
Virginia Beach, Virginia 23456
Dear Mayor & Members of Council:
Re: Industrial Development
Revenue Bonds
In reviewing the bond issues on the agenda for the August
5, 1985, meeting of Council, please note the following informa-
tion:
1. J & J Properties, Pembroke South Associates, Octo,
Inc., Impact Systems, and Triton Towers are basic employment
projects as defined by State criteria and received a local
allocation of the State Private Activity Bond Limit.
2. D & P Associates is a residence for the care of the
aged and although it is not a basic employment project, the
Development Authority determined that this type of facility
was badly needed in Virginia Beach and it also received a
local allocation of the State Private Activity Bond Limit.
3. The remaining projects have not received a local
allocation and will be forwarded to the State for an allocation
of the State Private Activity Bond Limit from the State Reserve
pool pursuant to the guidelines established by the Virginia
Department of Housing and Community Developrfient and Executive
Order Number 54(85).
For your information, Mark Garcea, 1569 Diamond Associates,
Commodore Associates, and Murphy Associates, projects previously
approved by City Council, have received a local allocation
of the State Private Activity Bond Limit from the Development
Authority and that as of now the Development Authority has
exhausted its local allocation.
August 5, 1985
- 17b -
The Honorable Harold Heischober, Mayor July 29, 1985
& Members of City Council Page 2
Re: Industrial Development Revenue Bonds
if you have any questions concerning the above, please
give me a call.
Very truly ygurs,
1. Dale Bimson
C@ty Attorney
JDB/CMS/cb
August 5, 1985
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: PEMBROKE SQUARE SHOPPING CENTEP
ASSOCIATES
2 LOCATION: On Independence Boulevard, in the northwest
quadrant of Iiidependence Boulevaxd and Pembroke
Boulevard, aDDroximately 300' north of Ppmhrnke
Boulevard
3. DESCRIPTION OF PROJECT: Complete renovation and rehabilitation of
existing 128,500 square foot retdil shopping
center and construction of two additional
buildings totaling 7,500 square feet.
4. AMOUNT OF BOND ISSUE: $5,@00,000
5. PRINCIPALS: B. Bruce Taylor / Harold C. Sr)icher
and D. L. McKnight
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property B-2
b. Is rezoning proposed? Yes No
C. If so, to what zoning
classification?
1 1/ 5/ 8 3
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: APRIL 12, 1985
TO: THE CITY COUNCIL OF VIRGINIA BSACH, VIRGINIA
PROJECT NAME: PEMBROKE SQUARE SHOPPIXG CENTER ASSOCIATES
TYPE OF FACILITY: RETAIL SHOPPING CENTER
1. Maximum amount of financing sought $ 5,500 000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 5 , 5 0 0 , 0 0 0
3. Estimated real property tax per year
using present tax rates $ 44,000
4. Estimated personal property tax per
year using present tax rates $ 10,000
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ N/A
6. Estimated dollar value per year of goods
and services that will be purchased 1,500,000 (construction)
locally $20@000,000 i f@ter)
7. Estijnated number of regular employees on
year round basis 200 Plus
8. Average annual salary per employee $ 12, 00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authoritv has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
Chair-mgn-
I
Economic Impact Statement
1. knount of investment $5,500,000
2. Amount of industrial revenue bond financing
sought $5 500,000
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach $5,500,000
4. Estimated real property tax per year using
present tax rate 4 40 0 0
5. Estimated personal property tax 1 0 , 0 0 0
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 200 +
B. Payroll generated $2,500,oo
, 0 Av. Wage $ 12, 500
C. Number of jobs retainiad N/A I
D. Payroll retained $- N/A Av. Wage $ N/A
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Invent@r $ 18,000,000
TOTAL $ 18 , 000 000
The grocery and other retail stores are
expected to generate wholesale purchases
of between $18,000,000 and $20,000,000
annually. The exact tenant mix has not been finalized at this
point, so the number could vary.
F. Estimated buildinlg permit fee and other municipal
fees
6 150
G. Estimated construction payroll $1 500 000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $1,500,000
I. Estimated number of construction jobs Ma@)Lears
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the proiectrevitalization of closed shopping
center will remove blij@ll "I'll dL(2a, , and
provide for enhanced delivery of goods and services.
7. Is the site currently zoned for the use of being proposed
for industrial reven,ue bond financing? Yes x No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a,copy) Yes _,No x
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes x
No
10. Location of project (attach location map) (Map Attached)
On Independence Boulevard, in the northwe-t qua .n .
Ind Boulevard and Pembroke Boulevard, approximately
007pendence
3 north Of PembrOke Boulevar
11. Explanation of alternative financing that has been
reviewed for project None
I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in all respects.
ppl.,C..t)
subscribed and sworn to before me thi,
198@
MY Commission Expires:
!,T L4
PROJECT NAME: Pembroke Square Shopping Center Associates
PROJECT ADDRESS: Independence Blvd., NW Quadrant of indepeiidence
Blvd. and Pembroke Blvd., Approximately 300'
N of Pembroke Blvd.
TYPE OF PROJECT: Retail Shopping Center
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
PEMBROKE SQUARE SHOPPING CENTER ASSOCIATES FACILITY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of Pembroke
Square Shopping Center Associates, or any partnership or corpora-
tion of which B. Bruce Taylor is a partner or shareholder
(the "Company") for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed $5,500,000
(the "Bonds") to assist in the financing of the Company's
acquisition, renovation, and equipping of a retail shopping
center consisting of approximately 128,500 square feet and
the new construction and equipping of two additional buildings
consisting of approximately 7,500 square feet to be located
on Independence Boulevard, in the northwest quadrant of Independence
Boulevard and Pembroke Boulevard, approximately 3001 north
of Pembroke Boulevard in the City of Virginia Beach, Virginia,
and has held a public hearinq thereon on July 9, 1985; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virqinia Beach, Virginia (the "City") to
approve the issuance of the Bonds to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378-1 of the Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving
the issuance of the Bonds, subject to terms to be mutually
agreed upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, have been filed with
the Council of the City of Virginia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Pembroke Square
Shopping Center Associates, or any partnership or corpora-
tion of which B. Bruce Taylor is a partner or shareholder,
to the extent of and as required by Section 103(k) of the
Internal Revenue Code, to permit the Authority to assist in
the financing of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and aqents, shall not be liable and hereby disclaims all liabil-
ity for any damages to any person, direct or consequential,
resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including, but not limited
to, any decision by the Authority in its sole discretion to
allocate its allowable industrial development bond volume
to one or more other projects if the issuance of tax exempt
bonds by the Authority is restricted by any state or federal
statute now or hereafter enacted; or (2) the Authority's failure
for any reason after the issuance of bonds for the Facility
to allocate a portion of its allowable industrial development
revenue bond volume to the Facility if the issuance of tax
exempt bonds by the Authority is restricted by any state or
federal statute now or thereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia on J@x@vx@5ix August 5, 1985
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Napolitano Enterprisps, Tnn,
2. LOCATION: Southwest Corner of South Indpnpn--
.dence Boillevard and Foxwoocl privp
3. DESCRIPTION OF PROJECT: 10,000 Square Feet Headauarters
Office Building For Napolitino
Enterprises, Inc. and Rental Space
For Other Small Local Businesses
4. AMOUNT OF BOND ISSUE: $ 1 1 0 0 0 , 0 0 0
5 PRINCIPALS: Vincent A. Napolitano
Frederick J. Napolitano
Frederick J. Napolitano, II
John C. Napolitano
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property PUD (PH)
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification?
1 1/ 5/ 8 3
FTSCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: May 8, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Napolitano Enterprises, Inc.
TYPE OF FACILITY: 10,000 Square Feet Headquarters Office Buildinq
for Napolitano Enterprises, Inc. and Rental Space
For Other Small Local Businesses
1. Maximum amount of financing sought $_i-,-poo 000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 700,OQO
3. Estimated real property tax per year
using present tax rates $ 5,600
4. Estimated personal property tax per
year using present tax rates $ 11000
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 0
7. Estimated number of regular employees on
year round basis 29
8. Average annual salary per employee $ 15, 000
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
c@airman
Economic Impact Statement
1. Amount of investment 11000,000
2. Amount of industrial revenue bond financing C)
sought 4J
0
3. Estimated taxable value of the facility's
real property to be construct,d in the City 0
of Virginia Beach
4. Estimated real property tax per year uting
present tax rate
$
ui
5. Estimated personal property tax $
1000
6. Economic impact statement demonstrating the
overall return to the city: w
0
A. Number of new jobs 25*
B. Payroll generated $ 379,oor)* Av. Wage 0 o
Q4
C. Number of jobs retained 25*
D. Payroll retained $
O* Av. Wage -P r
10
E. Estimate of the value of goc>ds and services purchased Q)
El 4J
(D
within the geograpbic t>oundary of Virginia Beach by
04 -P
-H0
type (inventory, machinery, professional services,
insurance,@motor vehicles, etc.):
-P
P.
Type Value
0Q)
Building Materials $ 10 000 000 El
Proi
vices, Insurance, 1.00,000
Misceilaneous
TC)TAL $-lo,loo,ooo
The Facility should initially offer space for approximately 25
persons. The initial princilial tenant, Napolitano Enterprises,
Inc., is constructing the Facility to afford expansion of its
operation. It is further assumed that other small local businesses
will,lease space in the balance of the Pacility,until i@ is needed
'by @apolitano Enterprises, Inc., in order to expand their own
businesse-.
F. Estimated building permit fee and other municipal
fees
3 0 0 0
G. Estimated construction payroll 5 0 0 0 0
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach 0 0 0 0 0
I. Estimated number of construction jobs 00(25 man years)
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project The- rincit)al tenant is a qrowinq
-P
local business in need a itiona
expansion.
7. Is the site currently zoned for the use of being proposed
for industrial revenue bond financing? Yes X No
8. Has a bond purcha-se agreement/commitment been accepted by
the applicant? (attach a,copy) Yes _,No X ((pending)
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes
No x
10. Location of project (attach location map)
Southwest corner of South Independence hou e
and Foxwood Drive in the City of Virqinia Beach
11. Explanation of alternative financing that has been
reviewed for project
I hereby certify that the information stated in the above
Economic Impact Statement-is acc,rate and true in all respects.
'@l.ca.t NAF'C)LITANO
Subscribed and sworn to before me this day o-@
198
Notari P
My Commission Expires:
ROJECT LOCATION
DR
PFD= NAM: Napolitano Enterprises, Inc.
Pln= ADDPESS: South@st Conier of Scutli independence
Boulevard and Foxwood Drive
TYPE OF P"=: HeaCquarters Oftice Building
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
NAPOLITANO ENTERPRISES, INC. FACILITY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of Napolitano
Enterprises, Inc., a Virginia corporation, or any partnership
or corporation of which Vincent A. Napolitano, Frederick J.
Napolitano, Frederick J. Napolitano, II and/or John C. Napolitano
are partners or shareholders (the "Company") for the issuance
of the Authority's industrial development revenue bonds in
an amount not to exceed $1,000,000 (the "Bonds") to assist
in the financing of the Company's acquisition, construction,
and equipping of a 10,000 square foot headquarters office
building located on the southwest corner of South Independence
Boulevard and Foxwood Drive in the City of Virginia Beach,
Virginia, and has held a public hearing thereon on May 14,
1985; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City") to
approve the issuance of the Bonds to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378-1 of the Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving
the issuance of the Bonds, subject to terms to be mutually
agreed upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, have been filed with
the Council of the City of Virginia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Napolitano
Enterprises, Inc., or any partnership or corporation of which
Vincent A. Napolitano is a partner or shareholder, to the
extent of and as required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing
of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liabil-
ity for any damages to any person, direct or consequential,
resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including, but not limited
to, any decision by the Authority in its sole discretion to
allocate its allowable industrial development bond volume
to one or more other projects if the issuance of tax exempt
bonds by the Authority is restricted by any state or federal
statute now or hereafter enacted; or (2) the Authority's failure
for any reason after the issuance of bonds for the Facility
to allocate a portion of its allowable industrial development
revenue bond volume to the Facility if the issuance of tax
exempt bonds by the Authority is restricted by any state or
federal statute now or thereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia on JUnAx@x&@By August 5, 1985
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: - Lo@'s Investimnt Corporation
2. LOCATION: East side of Holland Road approxirmte.ly 2,000
feet south c)f Holland Road and Landstown Poad
intersection, Virginia Beach, Virginia
3. DESCRIPTION Or PROJECT: rcial facility for the storage and
sale of building materials and related prc)ducts
4. AMOUNT OF BOND ISSUE: 00 (LO
5. PRINCIPALS: L<)we's Inves@t Corporation
@'s Ccrnpanies, Inc. (@antor)
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property Ccninercial
b. Is rezoning propc)sed? Yes No X
C. If so, to what zoning
classification? N/A
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
Date: July 18, 1985
To the City of Virginia Beach
Industrial Development Authority
Applicant: Lowe's Investment Corporation, a wholly owned
subsidiary of Lowe's Companies, Inc.
Facility: Acquiring, constructing and equipping a facility for
the sale of building materials and related products
for home construction and home remodeling markets.
1. Maximum amount of financing sought $3,000,000
2. Estimated taxable value of the facility's real
property to be constructed in the municipality $2,670,000
3. Estimated real property tax per year using
present tax rates $. 21,360
4. Estimated personal property tax per year using
present tax rates $ 16,000
5. Estimated merchants' capital tax per year using
present tax rates $. 17,200
6. Estimated-dollar value per year of goods and
services that will be purchased locally $ 200,000
7. Estimated number of regular employees on year 30-33 Full-time
round basis 25-32 Part-time
8. Average annual salary per employee $ 11,650
The information contained in this Statement is provided by the Applicant,
and is intended to be relied upon by the Authority, and the Authority will
make no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
BY@
Chairmg*/
Economic Impact Statement
1. AMount of investment $ 3 000 000
2. Amount of industrial revenue bond financing
s
sought
3. Estimated taxable value of the facility's
real property to be constructed in the CitY
of virginia Beach s
4. Estimated real property tax per year using
$ 21 360
present tax rate
5. 1Estimated personal Property tax s 16 000
6. EcOnOMic impact statement demonstrating the
overall return to the city:
35 full-time
A. Number of new jobs -'me
B. Payroll generated $ All, 4age $
C. NUmber of jobs retained
D. Payroll retained $ Av. wage $
E. Estimate Of the value of goods and services Purchased
within the geographic boundary of virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
value
Type
Supolies $200 000
$300,000
TOTAL $511,011
F Estimated building permit fee and other municipal
f ees $ 25 000
G Estimated construction payroll $250 000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $850 000
I. Estimated number of construction jobs 0
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7. is the site currently zoned for the specific use being
proposed for industrial revenue bond financing? Yes
No @
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes _ No X
9. will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes x
No
lo. Location of project (attach location map) @n the East sd.
---imatelv 2.0-00 f
Landstown Koaa.
11. Explanation of alternative financing that has been
reviewed for project Public or Private debt i)lacement
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
LOWE'S INVESTMENT CORPORATION
(Applptant)
Subscribed and sworn to before me this day of
1984.
-Vogary Public
My Commission Expires:
CYNTHIA REINS
Notwy Pubile for
V,nfkn County. NZ-
my mmi@ expim 1140
YmomAs 'K F,,AITREI
P. .36,
&049
NAME OF PROJECT: Lowe's Investment Corporation
TYPE OF PORJECT: Commercial Facility for the
Storage and Sale of Building
Materials and Related Pro-
ducts
PROJECT LOCATION: East Side of Holland Road
Approximately 2,000 Feet
South of Holland Road and
Landstown Road
OCEANA
CT
PROJECT NAMF.: ROAD B ASSOCIATES
PROJECT ADDRESS: South side of International Parkway,
east of a 300' drainage easement, said
parcel surrounding Riline Road.
TYPE OF PROJECT: Office Warehouse Park
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
ROAD B ASSOCIATES FACILITY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of Road B
Associates, a Virginia partnership, or any partnership or
corporation of which J. C. Aspinwall, III is a partner or
shareholder (the "Company") for the issuance of the Author-
ity's industrial development revenue bonds in an amount not
to exceed $10,000,000 (the "Bonds") to assist in the financing
of the Company's acquisition, construction, and equipping
of a 200,000 square foot office warehouse park, on approximately
19 acres of land, to be located on the south side of Interna-
tional Parkway, east of a 300' drainage easement, said parcel
surrounding Riline Road, in the City of Virginia Beach, Virginia,
and has held a public hearing thereon on July 9, 1985; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City") to
approve the issuance of the Bonds to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378-1 of the Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving
the issuance of the Bonds, subject to terms to be mutually
aqreed upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, have been filed with
the Council of the City of Virginia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Road B Associates,
or any partnership or corporation of which J. C. Aspinwall,
II is a partner or shareholder, to the extent of and as required
by Section 103(k) of the Internal Revenue Code, to permit
the Authority to assist in the financinq of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues and
moneys pledqed therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liabil-
ity for any damages to any person, direct or consequential,
resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including, but not limited
to, any decision by the Authority in its sole discretion to
allocate its allowable industrial development bond volume
to one or more other projects if the issuance of tax exempt
bonds by the Authority is restricted by any state or federal
statute now or hereafter enacted; or (2) the Authority's failure
for any reason after the issuance of bonds for the Facility
to allocate a portion of its allowable industrial development
revenue bond volume to the Facility if the issuance of tax
exempt bonds by the Authority is restricted by any state or
federal statute now or thereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by a majority of a quorum of the Council of the
A st 5 85
City of Virginia Beach, Virginia on I&A@lSS',I?985.
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. Project Name: CMC ASSOCIATES,
A Virginia general partnership (In Formation)
2. Project Location: 3.6 ACRES OF LAND LOCATED ON THE WEST
SIDE OF FIRST COLONIAL ROAD BETWEEN
WILDWOOD DRIVE AND WOLFSNARE ROAD
KNOWN AS 943 FIRST COLONIAL ROAD,
VIRGINIA BEACH, VIRGINIA 23454
3. Description of
P roj ect: A 62,811 (APPROXIMATE) SQUARE FOOT
OFFICE FACILITY WITH SITE IMPROVE-
MENTS AND PARKING
4. Amomt of
Bond Issue: $4,500,000.00
5. Principals: ROBERT L. YODER, CHRISS S. YODER AND
CHARLES R. ANSEL
6. Zoning Classification:
(a) Present zoning
classification of
the property? -0-2
(b) Is rezoning proposed? Yes No x
(c) If so, what zoning
classification? N/A
REDA/6.11.4.C
FISCAL IAIPAcr STKREMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: JULY 9, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT MAME: CMC ASSOCIATES,
A VIRGINIA GENERAL PARTNERSHIP
(In Formation)
TYPE OF FACILITY: 62,8il (APPROXI@IATE) SQUARE FOOT OFFICE
FACILITY WITH SITE INIPROVEMENTS AND
PARKING
1. Maximum amount of financing sought $4,500,000.00
2. Estimated taxable value of the facility's $5,250,000.00
real property to be constructed in the
municipality
3. Estimated real property tax per year using $ 42,000.00
present tax rates
4. Estimated personal property tax per year $ 40,000.00
using present tax rates
5. Estimated merchants' capital (business $ 60,000.00
license) tax per year using present
tax rates
6. Estimated dollar value per year of goods $3,000,000.00
and services that will be purchased locally
7. Estimated number of regular employees on 164
year romd basis
8. Average annual salary per employee $ 16,640.00
'Ibe information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority has
made no independent investigation with respect thereto.
City of Virginia Begeh
Development Auttf6rlty
B
c
DNR/6.11.5.C
Economic Impact Statement
1. Ainount of investment 26 6 , 7 4 5 . 0 0
2. Amount of industrial revenue bond financing
sought $ 4,500,000-00
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach $ 5 , 2 5 0 , 0 0 0 - 0 0
4. Estimated real property tax per year usi ng
present tax rate .80/100 4 2 , 0 0 0 . 0 0
5 . Estimated personal property tax 4 0 , 0 0 0 . 0 0
6. Economic impact statement demonstrating the
ovetall return to the city:
A. Number of new jobs 1 0 0
B. Payroll generated $832,000/Yr.Av. Wage $8.00
C. Number of jobs retained 6 4
D. Payroll retained $832,000/Yrkv. Wage $8.00
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Professional Service $ 210,000.00
Personal Property/5 yrs.$1,330,000.00
Motor Vehicles/3 yrs. $1,100,000.00
Inventory 440,000-00
Machinery/5 yrs. 550,000-OU
Labor 2,729,000.00
Insurance 770,000.00
TOTAL $8,129,000.00
F. Estimated building permit fee and other municipal
fees n n no
G. Estimated construction payroll $1 O?@,nnn.00
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach 60O.OnO.00
I. Estimated number of construction jobs
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project Draw more oeoole to that
portion of the Community, will assist mg.rc-hant-
7. is the site currently zoned for the specific use being
proposed for industrial revenue bond financing? Yes
No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes - No X
9. will the bond financing close within 90 days from the
date of adoption of the inducement resolution? YesX
No
10. Location of project (attach location map)
943 First Colonial Road, Virginia BEach, Virqinia 23454
11. Explanation of alternative financing that has been
reviewed for project -
I hereby certify that the information stated in the abo,,
Economic Impact Statement is accurate and true in all respects.
CMC Associates, a Virginia General
Partne@ip (in formation)
-BY
(Applicant)
19,@tibsc:rib,ad and sworn to before me this day of
Notary Public
My Commission Expires:
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CONTINUED ON PAGE@21 4
PROJECT NAME: CMC ASSOCIATES
PROJECT ADDRESS: 943 First Colonial Road Vir
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
CMC ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") has considered the application and plan of financing of CMC
Associates, a Virginia general partnership (in formation) (the
"Purchaser") for the issuance of the Authority's industrial development
revenue bonds in an amount estimated at Four Million Five Hundred
Thousand Dollars ($4,500,000.00) (the "Bonds") to assist in the
financing of the Purchaser's acquisition of approximately 3.6 acres of
land located on the west side of First Colonial Road between Wildwood
Drive and Wolfsnare Road known as 943 First Colonial Road, Virginia
Beach, Virginia 23454 and constructing and equipping thereon a 62,811
(approximate) square foot office facility with site improvements and
parking; and after proper notice in a newspaper of general circulation
has held a public hearing thereon on Jwy 9, 1985 pursuant to Section
15.1-1378.1 of the Code of Virginia, 1950, as amended; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve the
issuance of the Bonds in compliance with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a reaso-
nably detaiied summary of the comments expressed at the public hearing,
if any, as well as the Economic Impact Statement and other requested
documents, have been filed with the Council of the City of Virginia
Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, appro-
ves the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of CMC Associates, a Virginia general part-
nership (in formation), to the extent of and as required by Section
103(k) of the Internal Revenue Code, to permit the Authority to assist
-1-
in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by
Section 103(k), does not constitute an endorsement of the Bonds or the
creditworthiness of the Purchaser; but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide
that neither the City nor the Authority shall be obligated to pay the
Bonds or the interest thereon or other costs incident thereto except
from the revenues and monies pledged therefore, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
ADOPTED by a majority of a quorum of the Council of the City of
Virginia Beach, Virginia on J322YZ@z7,zAM57. August 5, 1985
REDA/6.11.6.C
-2-
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS FOR LOWE'S INVESTMENT CORPORATIO14
WHEREAS, the City of Virginia Beach Development Authority
(the Authority) has considered the application of Lowe's
Investment Corporation (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $3,000,000 (the Bonds) to assist in the financing
of the Company's acquisition, construction and equipping of a
commercial facility for the storage and sale of building materials
and related products (the Facility) to be iocated on the east
side of Holland Road approximately 2,000 feet south of the
intersection of Holland Road and Landstown Road in the City of
Virginia Beach, Virginia, and has held a public hearing thereon
on July 9, 1985; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to approve
the issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to S15.1-1378.1, Code of Virginia,
1950, as amended, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed upon,
and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with the Council
of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Lowe's Investment
Corporation, to the extent of and as required by Section 103(k)
of the Internal Revenue Code, to permit the Authority to assist in
the financing of the Facility.
2. The approval of the issuance of the Bonds, as
required by Section 103(k), does not constitute an endorsement of
the Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon or
other costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on August 5, , 198 5.
SUMMARY SHEET
1. PROJECT NAME: ROAD B ASSOCIATES OFFICE WAREHOUSE
PARK
2. LOCATION: South side of International Parkway,
east ot a 300,
drainage easement, said parcel
surrouhding Riline R d
3. DESCRIPTION OF PROJECT: 200,OOC Square Foot Off ice Warehouse
Park
4. AMOUNT OF BOND ISSUE: $10,000,000
5. PRINCIPALS: Littleton C. Hudgins William S,
udgins, J. C. Aspin@a 1, Jr.,
J. C. Aspinwall, III, James W. Hall,
Harry L. Snyder
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property I-2
b. Is rezoning proposed? Yes NoX
C. If so, to what zoning
classification? N/A
1/ 5/ 8 3
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: JUNE 10, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: RQAD B ASSOCIATES
TYPE OF FACILITY: 200,000 Square Foot office Warehouse
1. Maximum arnount of financing sought $ 10,000,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 10,000,000
3. Estimated real property tax per year
using present tax rates $ 80,000
4. Estimated personal property tax per
year using present tax rates $ 10,000
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 10,000
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 11 750,000__
7. Estimated number of regular employees on
year round basis 200
8. Average annual salary per employee $ 15,000
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
B
j@a @ @@m
y@
Economic Impact Staternent
1. AmoUnt Of investment lo,ooo,ooo
2. Amount of industrial revenue bond financing
sought
-o o o o , o o o
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach $ 10,000,000
4. Estimated real property tax per year using
present tax rate $ 80 000
5. Estimated personal property tax $ 00
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 200
B. Payroll generated 000,000*Av. Wage $1-5,000
C. Number of jobs retaini?d See A * '
D. Payroll retained $ See B Av. Wage $ ee n
E. Estimate of the value of goc>ds and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Inventory $-101000.000
@rofessional Services $ ')50 000
Motor Vehicles 500,000
TOTAL 11,750,000
Estimated; the exact tenant mix is not yet known.
F. Estimated building permit fee and other municipal
fees $ 5,000
G. Estimated construction payroll s 500,000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach
$ 51000,000
I. Estimated number of construction jobs 80
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project Attractively desiqned project
accommodating need of Ocal IDUFII.@SS"@.r @1-11
office/warehouse space.
7. Is th.e site currently zoned for the use of being proposed
for industrial revenue bond financing? Yes X No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a,copy) Yes - 'No X
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes X
No
10. Location of project (attach location map) South side of
International Parkway, east of a
300' drainage easement, said parcel surroundinq Riline
Road
11. Explanation of alternative financing that has been
reviewed for project None Project will not cro
without IDB financing.
I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in all respects.
,Ap I @,:,,n
subscribed and sworn to before me this r day of
198<
MY COmmission Expires:J-@--@/
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPDIENT REVENUE BOND
1. PROJECT NAME: Booth Hill Associates
2. LOCATION: A 10.18 acre parcel of land on
the west side of General Booth
Boulevard approximatelv 300
feet southwest of the inter-
section of Oceana Boulevard
and General Booth Boulevard.
3. DESCRIPTION OF PROJECT: Shopping Center Facility
4. AMOUNT OF BOND ISSUE: $2,750,000
5. PRINCIPALS: Robert 0. Copeland
Harry Sandler
Michael H. Resh
Fred Jacobson
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the B-2 - Community Business District
Property
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification? N/A
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: April 15, 1985
TO: The City Council of Virginia Beach, Virginia
PROJECT NAME: Booth Hill Associates
TYPE OF FACILITY: Shopping Center
1. Maximum amount of financing sought $ 2,750,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 3,250,000
3. Estimated real property tax per year
using present tax rates $ 25,000
4. Estimated personal property tax per
year using present tax rates $ i4,000
5. Estimated mercliants' capital (business
license) tax per year using present tax
rates $ 10,000
6. Estimated dollar value Per year of goods
and services that will @e purchased
locally $ 6,000,000
7. Estimated number of regular employees on
year round basis 165
8. Average annual salary per emplovee $ 19,874
The information contained in this Statement is based solely
on facts and estimates provided by the Appiicant, and the Authority
has made no independent investigation with respect thereto.
City of Virginia Beach Development
Authority
Bv:
Chairman
Economic ImPact statement
1. Amount of investment $ 3,250,000
2. Amount of industrial revenue bond financing
$ 2,750,000
sought
3. Estimated taxable value of the facility's
real property tO be constructed in the CitY
of virginia Beach 3,250,000
4. Estimated real property tax per year using 25,000
present tax rate $
14,000
5. Estimated personal property tax
6. Economic impact atatement demonstrating the
overall return to the city:
A. Number of new jobs 165
B. Payroll generated $ 3,279,210 Av. Wage $ 9,874
C. Number of jobs retained N/A
D. Payroll retained $ N/A Av. wage $ /A
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery# professional servicest
insurancer motor vehicles, etc.)2
Type Value
s 000
TOTAL $6,000,000
F. Estimated building permit fee and other municipal
fees $-1.2.ooc)
G. Estimated construction payroll $ L4 5?0 000
H. EStimated value of construction material
to be purchased within the City of
Virginia Beach s C),-QLO C)
1. Estimated number of construction jobs 80
J. Any other items which the applicant feels
the Authority should be made aware of in
evdluating the project
7. is the site currently zoned for the specific use being
proposed for industrial revenue bond financing? Yes x
No
S. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes x No -
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes x
No
10. Location of project (attach location map) West side of
General Booth BoUlevard, approximately 300 ft. southwest of
intersection of Oceana Bouleva and Genera Bootb Boulevard.
11. Explanation of alternative @.nancing tha has been
reviewed for project N/A
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
(Applicant)
Subscribed and sworn to before me this day of
1984.
Noitary lieu-@l'ic
My Commission Expires:
1.@, I
Vi gillici,
7 1
PROJECT NAME: BOOTH HILL ASSOCIATES
ROJECT ADDRESS: Intersection of Oceana Boulevard
and General Booth Boulevard
TYPE OF PROJECT: Shopping Center Facility
RESOLUTION APPROVING THE PLAN OF FINANCING
FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS FOR BOOTH HILL ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application and plan of
financing of Booth Hill Associates, a Virginia general partnership
(the "Company"), for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed $2,750,000
(the "Bonds") to assist in the financing of the Company's acquisi-
tion, construction, and equipping of a shopping center facility
(the "Facility") to be located on a 10.18 acre parcel of land on the
west side of General Booth Boulevard approximately 300 feet south-
west of the intersection of Oceana Boulevard and General Booth
Boulevard, in the City of Virginia Beach, Virginia, and has held
a public hearing thereon on May 14, 1985; and
I,IHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virqinia (the "City"), to approve the
plan of financing for the issuance of the Bonds to complv with
Section 103(k) of the Internal Revenue Code of 1954, as amended;
and
WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution approving the
plan of financing for the issuance of the Bonds, subject to terms
to be agreed upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, have been filed with the
Council of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the plan of financing for the issuance of the Bonds by
the City of Virginia Beach Development Authority for the benefit
of Booth Hill Associates, to the extent of and as required by
Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Facility.
2. The approval of the plan of financing for the issuance
of the Bonds, as required by Section 103(k), does not constitute
an endorsement of the Bonds or the creditworthiness of the Company;
but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964,
as amended, the Bonds shall provide that neither the City nor the
Authority shall be obligated to pay the Bonds or the interest
thereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit nor
the taxinq power of the Commonwealth, the Citv, or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, includinq its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting
from the Authority's failure to issue bonds for the Project for
any reason, including but not limited to any decision by the
Authority in its sole discretion to allocate its allowable industrial
development bond volume to one or more other projects.
4. This Resolution shall take effect irnmediately upon its
adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on August 5. 1 19 85.
CERTIFICATION OF NOTICE TO LOCAL GOVERNING BODY
Notice was sent to Ruth H. Smith-Clerk of County
at the following address City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
by regular mail, postage prepaid, mailed on February 12, 1985
1984.
on the following project Booth Hill Associates a copy
of which is attached hereto.
s-
Ni@l. M. W.lker
Commonwealth of Virginia
City of Richmond
A4
Sworn before me this 13@ day o@ 198L.
blic
n Date
NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL
DEVELOPMENT REVENUE BOND FINANCING OF THE
VIRGINIA SMALL BUSINESS FINANCING AUTHORITY
Notice is hereby given that the Virginia Small Business Financ-
ing Authority (the "Authority") will hold a public hearing on the
application of Booth Hill Associates, a Virginia general partner-
ship, whose principal place of business is 5324 Virginia Beach Bou-
levard, Virginia Beach, virginia 23462 (the "Company") for the Au-
thority to issue, pursuant to the Virginia Small Business Financing
Act (the "Act"), up to $2,950,000 of its industrial development rev-
enue bonds to assist the Company in acquiring, constructing and
equipping a shopping center facility having approximately 60,000
square feet of space on a parcel of land of approximately 10.18
acres on the west side of General Booth Boulevard approximately 300
feet southwest of the intersection of Oceana Boulevard and General
Booth Boulevard as shown on the plan of "Survey of Property, Betty
Elizabetb and David F. Pugh, Princess Anne Borough, Virginia Beach,
Va. , Scale: 1" = 100' , 19 Feb. 1976" made by Bruce B. Gallup, Sur-
veyor and recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia in Map Book 115 at page 18, all in
the City of Virginia Beach, Virginia. T e ubli arin whic
be continued or adigur@.d, will be held at 10:00 o'clock A.M. on
Fe@ruary 19, 1985, before the Authority, at the Auditor um o
Metropolitan Richmond Chamber of Commerce, 201 East Franklin Street,
Richmond, Virginia. As required by the Act, the bonds will not
pledge the faith and credit or the taxing power of the Commonwealth
of virginia or any political subdivision thereof, including the Au-
tbority, but will be payable solely from revenues derived from the
Company and pledges therefor. Any person interested in the issuance
of the bonds or the location or purpose of the proposed project may
appear and be heard. A copy of the Company's application may be in-
spected at the Authority's office at 1000 Washington Building,
Richmond, virginia during business hours.
SUMMARY SHEET
CTTY OF VIRGTNTA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPPIENT REVENUE BOND
PROJECT NAME: CRUMLEY-FATN ASSOCIATES PROJECT
PROJECT LOCATION: 0.372 acre parcel of land
situated at 607 Lynnhaven Park-
way and frontinq on Lynnhaven
Parkway
DESCRIPTION OF PROJECT: Commercial office building to
serve as national headquarters
for Metro Information Services,
Tnc.
AMOUNT OF BOND(S): $850,000.00
PRINCIPALS: John H. Fain and Chris A.
Crumley, each owning a one-half
(1/2) interest in Crumley-Fain
Associates
CF #1
SS.C
PTSCAL L@IPACT STATEMENT
(For Proposed Industrial Revenue Bond Financinq)
Date:
To: The City Council of Virginia Reach, Virqinia
Project Name: Criimley-Fain Associates Project
TVT)e of Facility: Comm(,rcial office buil(linq for national
h(,a(lqtiarters of Metro Information Ser-
vices, Tnc.
1. Maximum amount of financing souqht $ 850,000.00
2. Fstimated taxable value of the
facility's real T)roperty to he
constructed in the municipality $ 710,820.00
3. Estimated real r.)roperty tax per
year usinq present tax rates $ 5,690.00
4. EstiTnated personal T)ror)erty tax
per year usinq present tax rates $ 2,500.00
5. Estimated merchants' cat)ital tax
(e.q. business licenses, etc.)
per year usinq present tax rates $ 14,000.00
6. Estimated dollar value per year
of cloods and services (including
T)rofessional services) that will
he purchased locally $ 72,000.00*
7. Estimated number of reqular
emT)loyees on year round basis 15**
8. Averaqe annual salary per employee $ 30,000.00
The information contained in this Statement is based
solely on facts and estimates provided by the Ar)plicant,
and the Authori.ty has made no indet)endent investiqati(-'n
wi.th r(,sT)ect thereto.
*NOTE: Excludes cmpl-oyee salaries
**NOTE: Includes additional- employees only, and excludes 57
current employees who will be retained in the City
of Virginia Reach, Virqinia
CITY OF VIRGINIA REACH
DEVELOPMENT AIITHORITY OF
VIRGINIA REACH, VIRGINIA
By
Authority Chainnan
CF 41
fis.c
Economic Impact Statement
1. Amount of investml-nt $.850,000.00
2. Amount of industrial revenue bond financing
sought $.850,000.06
3. Estimated taxable value of the facil@ty's
real property to be constructed in the City
of Virginia B@ach $ 710,000.00
4. Estimated real property tax per year using
present tax rate $ 5,690.00
5. Estimated personal property tax $ 2.500-.00
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 15
B. Payroll generated $ 4 5 0 , 0 0 0Av. Wage $ 30,000
C. Number of jobs retained 57 1
D. Payroll retained $1,644,400 Av. Wage $ 29,200
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Insurance. $ 12,000
a! serv@-
Motor vehicles 35,000
TOTAL $72,000.00
F. Estimated building permit fee and other municipal
fees s 000.00
G. Estimated construction payroll $156,250.00
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $275,000.00
I. Estimated number of construction jobs 100
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project Project to be constructed on lands
purchased from City of Virginia Beach Develop ent i s part
of development of Oceana West Industrial Park. Prc)ject will be national
headquarters for Metro Information Services, Inc.
7. Is the site currently zoned for the use of being proposed
for industrial revenue bond financing? Yes X No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a,copy) Yes - 'No X
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes C
No
10. Location of project (attach location map) Portion of parcel 55,
Oceana West Industrial Park, fronting on Lynnhaven Par way.
11. Explanation of alternative financing that has been
reviewed for project Not investigated to date; contract for land
purchase and construction is contingent on IRB inancing.
*Note: Includes total number of personnel, on and off site, t(i be
employed by general contractor and subcontractors.
I hereby certify that the infomation stated in the above
Economic Impact Statement-is accurate and true in. all respects.
CRUMLEY-FAIN ASSOCIATES
By:
(Applicant)Michael B. Hamar, Attorney
1984 Subscribed and sworn to before me .this day of May
..................
Notary Public
My Commission Exp
ires:
C'E,' NA
PROJECT NAME: Crumley-Fain Associates
PROJECT ADDRESS: 607 Lynnhaven Parkway, Virg
Virginia 23452 (Portion of
Oceana West Industrial Park
TYPE OF PROJECT: Commercial office buildinq
RESOLUTION OF CITY COUNCIL APPROVING
TFE ISSUANCF OF INDUSTRIAL DEVELOPMENT
REVENUE BOND FOR CRTJMLEY-FAIN ASSOCIATES
WHEREAS, the city of Virqinia Beach Development
Authority, whose address is 770 Lynnhaven Parkway, Suite 200,
Virginia Beach, virqinia 23452 (the "Authority") has considered
the application of Crumley-Fain Associates, a virginia general
partnership, whose address is 4520 Holland Office Park, Suite
407, Virqinia Beach, Virginia 23452 (the "Purchaser"), for the
issuance of the Authority's industrial development revenue bond
in an arnount estimated at not more than $850,000.00 (the "Bond")
to assist in the financing of the Purchaser's acquisition,
construction, equippinq and furnishinq of an approximately 8,832
square foot, two (2) story comynercial office building (the
"Project") to be located on a 0.372 acre parcel of land situated
at 607 Lvnnhaven Parkway in virqinia Beach, Virqinia, to be owned
by the Purchaser and leased to Metro Information Services, Inc.,
a Virqinia corporation, and has held a public hearinq thereon on
June -, 1985 and7
WHEREAS, the Authority has requested the City Council
(the "Council") of City of Virginia Beach, Virginia (the "City")
to approve the issuance of the Bond to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended7 and
WHEREAS, pursuant to SS15.1-1378.1, Code of Virqinia, as
ainended, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be aqreed upon and a
reasonably detailed summary of the comments expressed at the
r)ublic hearinq, if any, have been filed with the Council of the
City of Virqinia Beach, Virqinia;
THEREFORF, BE TT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virqinia Beach, Virqinia,
ar)proves the issuance of the Bond by the City of Virqinia Beach
Development Authority, for the benefit of Crumley-Fain Asso-
ciates, a Virqinia general partnership, to the extent of and as
required by Section 103(k) of the Internal Revenue Code, to per-
- I -
mit the Authority to assist in the financinq of the Project.
2. The approval of the issuance of the Bond, as
required by Section 103(k), does not constitute an endorsement of
the Bond or the creditworthiness of the Purchaser, but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the 13ond shall provide that neither the City nor the Authority
shall be obligated to pay the Bond or the interest thereon or
other costs incident thereto except from the revenues and moneys
pledqed therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledqed thereto.
3. In approvinq the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees, and agents, shall not be liable and hereby disclaims
all liability for any damages to any person, direct or consequen-
tial, resultinq from (1) the Authority's failure to issue bonds
for the Project for any reason, including but not limited to any
decision by the Authority in its sole discretion to allocate its
allowable industrial development bond volume to one or more other
projects if the issuance of tax-exempt bonds by the Authority is
restricted by any State or Federal statute now or hereafter enac-
ted; or (2) the Authority's failure for any reason after the
issuance of bonds for the Project to allocate a portion of its
allowable industrial development bond volume to the Project if
the issuance of tax-exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virqinia Beach, Virqinia, on August 5, 1985.
cf#2
r.c
2
4/2 5/8 4 EXHIBIT j
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: PACO Incorporated
2. LOCATION: 2421 North-Landing Road
(Across from Courthouse)
3. DESCRIPTION OF PROJECT: Office Building.S
4. AMOUNT OF BOND ISSUE: $3,595,000
5. PRINCIPALS: Robert Deford, Floyd E. Kellam, Jr.,
Sidney S. Kellam, Ruby Ann Dunn,
Frank W. Kellam, T. M. Malbon, William
P. Kellam & Edwin C. Kellam
6. ZONING CLASSIFICATION:
a. Present zoning
classification of -,he
Property
b. Is rezoning proposed? Yes No
C. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: PACO, Incorporated
TYPE OF FACILITY: Office Building
1. maxiirum amount of financing sought s 3,595,000.00
2. Estimated taxable value of the facility's
real property to be constructed in the 4,000,000.00
municipality $
3. Estimated real property tax per year 32,000.00
using present tax rates $
4. Estimated personal property tax per 10,000. 00
year using present tax rates $
S. Estijpated merchants' capital (business Buildings will be leased
license) tax per year using present tax by a leasing agency.
rates $
6. Estimated dollar value per year of goods
and services that will be purchased
locally $---175@-
7. Estiinated numider of regu'Lar eint-lidyees on
year round basis s 250-2 7 7
8. Average annual salary per employee $ 15,000.00
The information contained in this Stateinent is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
DevelopiDent Authority
B
c
I-YHJ@BIT K
cr)
co
C-)
PROJECT NAME: PACO, IncorDOrated
PROJECT ADDRESS: -9421 '@orth Landing Road
Virginia Beach, VA 23456
@l@YPE OF PROJECT: offi,@ Park
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bond, subject to terms to be agreed
upon, a record of the public hearing and the fiscal impact
statement required by Section 15.1-1378.1 of the Virginia
Code have been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA;
1. The Council of the City approves the issuance
of the Bond by the Authority, for the benefit of the
Corporation, to the extent required by Section 103(k) of
the Internal Revenue Code and Section 15.1-1378.1 of the
Virginia Code, to permit the Authority to assist in the
financing of the Facility.
2. The approval of th@ issuance of the Bond, as
required by Section 103(k) of the Internal Revenue Code
and Section 15.1-1378.1 of the Virginia Code, does not
constitute an endorsement of the Bond or the creditworthiness
of the Corporation, but, as required by Section 12.1 of
Chapter 643 of the 1964 Acts of the General Assembly of
Virginia, as amended, the Bond shall provide that neither
the City nor the Authority shall be obligated to pay the Bond
or interest thereon or other costs incident thereto except
form the revenues and moneys pledged therefor, and neither the
faith or credit nor the taxing power of the Commonwealth, the
City or the Authority shall be pledged thereto.
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the gouncil Chambers, tin the Adminis-
tration Building, on the I day of AugLrs 1985.
On motion by Couticilman Baum and
seconded by Councilman Louis Jolies the following
Resolution w s adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND FOR PACO INCORPORATED
WHEREAS, the City of Virginia Beach Development Authority
of Virginia Beach, Virginia (the Authority), has considered
the application of PACO Incorporated (the Corporation) for the
issuance of the Authority's industrial development revenue
bond in an amount not to exceed $3,595,000 (the Bond) to
assist in the financing of the Corporation's financing, con-
struction, and equipping of an office building facility con-
taining approximately 50,000 square feet of space (the
Facility) for lease located at 2421 North Landing Road at
Princess Anne Courthouse in the City of Virginia Beach,
Virginia for lease, and has held a public hearing thereon
on 1 1985; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to
approve the issuance of the Bond to comply with (i) Section
103(k) of the Internal Revenue Code of 1954, as amended (the
Internal Revenue Code) and (ii) Section 15.1-1378.1 of the Code
of virginia of 1950, as amended (the Virginia Code); and
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on August 5 1 1985.
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Littleton and William Hudgins
1. PROJECT NA.ME: Office Building
2. LOCATION: 3700 Block. of Pacefic Av,-ntjp
Virginia Beach, VA
3. DESCRIPTION OF PROJECT: 10, 000 - 15, 000 sq - ft. office building
Headquarters for the Hudgins
Organization
4. AMOUNT OF BOND ISSUE: $1,000,000.00
5. PRINCIPALS: Littleton C. Hudgins
William S. Hudgins
6. ZONING CLASSIFICATION:
I
a. Present zoning
classification of the
Property R-9
b. Is rezoning proposed? Yes X No
c. If so, to what zoning
classification? 0-1
1 1/5/ 8 3
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO: T[iE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: LITTLETON C. HUDGINS AND WILLIAM S. HUDGINS FACILTIY
,TYPE OF FACILITY: HEADQUARTERS OFFICE BUILDING
1. Maximum amount of financing sought $ 1,000,000.00
2. EStimated taxable value of the facility's
real property to be constructed in the
municipality $ 1, 000, 000. 00
3. Estimated real property tax per year
using present tax rates $ g - noo, no
4. Estimated personal property tax per
year using present tax rates $ N/,S
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ N/A
6. Estimated dollar value per year of goods $50,000.00 after
and services that will be purchased construction
locally $ 700 OLO.00 n
j@
construction
7. Estimated number of regular employees on
year round basis 75
8. Average annual salary per employee $ 20, 000. 00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By@,
c
Economic Impact Statement
1. AMount of investment $ 0 0 0 0
2. Amount of industrial revenue bond financing
sought
3. Estimated taxable value of the facil@ty's
real property to be constructed in the City
of Virginia Beach $ 0
4. Estimated real property tax per year uting
present tax rate $
5. Estimated personal property tax
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 2 5
B. Payroll generated $ 5 0 0 , 0 0 0Av. Wage $ 20,000
C. Number of jobs retainbd 50
D. Payroll retained $ 1, 000, 000 Av. Wage $ 20, 000
E. Estimate of the value of goods and Services purchased
within the geographic k>oundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Furniture 50,000
Professional SErvi6es $ 20,000
Insurance 10,000
TOTAL 130,000
F. Estimated building permit fee and other municipal
fees 0 0 0
G. Estimated construction payroll $ 1 7 50 0 0
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach s 00,000
I. Estimated number of construction jobs 40
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project This Project will be used as
headquarters for the Hu ciins rqaniza ion, a 0 he
company to exdand its onprations in Virginia Beach and
proviae space tor additiona emp oyees.
7. is the site currently zoned for the use of being proposed
for industrial reven,ue bond financing? Yes No X
Application for re-zoning to be held by City@ounci@ on April
22, 1985
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a-copy) Yes 'No X
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes x
No
10. Location of project (attach location map)
West Side of Pacific Avenue, South of Sea Pines Road
11. Explanation of alternative financing that has been
reviewed for project. None
I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in all respec'ts.
Applican
Subscribed and sworn to before me this
1 98@. day of
Notai
MY Commission Expires:
e c C
---------- North
State
130acil
Park
B
A
36
D
B
NAME OF PROJECT: Littleton C. Hudgins & William S.
Hudgins
ADDRESS OF PROJECT: 3700 Block of Pacific Avenue
Virginia Beach, Virginia
TYPE OF PROJECT: Headquarters for the Hudgins
Organization
Economic Impact Statement
1. Amount of investment $ 252,000.00
2. Amount of industrial revenue bond finaricing
sought $ 3,595,000.00
3. Estiniated taxable value of the facility's real
property to be constructed in tlie City of
Virginia Beach $ 4,000,000.00
4. Estimated real property tax per year using
present @ rate $ 32,000.00
5. Estimated personal property tax $ 10,000.00
6. Economic impact statement demonstrating the
overall return to the city:
A. NuTiber of new jobs 250-277
B. Payroll generated $ 3,750,000.00 Av. Wage $ 15,oc)o.oo
C. NLinber of jobs retained 250
D. Payroll retained @ 3,750,000.00 _ Av. Wage $ 15,ooo.00
E. Estiniate of the value of goods and services purchased within
the geographic bouridary of Virginia Beach by type (inventory,
machinery, professional services, insurance, motor vehicles,
etc.):
@e Value
TOTAL Not known at present time
F. Estimated building pertnit fee and other municipal
fees $ 36,000.00
G. Estimated construction payroll $ 750,000.00
H. Estimated value of construction material
to be purchased within the City of Virginia
Beach $ 1 000 OC)0.00
I. Estimated number of construction jobs 80
J. Any other iterns which the applicant feels the Authority
should be made aware of in evaluating the project
Ihere is a need for additional office space near City
Hall
7. Is the site currently zoned for the specific use being proposed for
industrial revenue bond financing? Yes X No -
8. Has a bond purchase agreement/connitinent been accepted by the applicant?
(attach a copy) Yes - No X
9. Will the bond financing close within 90 days frorn the date of adoption
of the inducement resolution? Yes X No
10. Location of project (attach location map) 2421 - North Landing Road
Virginia Beach, Virginia
11. Explanation of alternative financing that has been reviewed for
project Conventional financing
I hereby certify that the inforrmtion stated in the above Economic
Impact Staternent is accurate and true in all respects.
(Applicant4
Subscribed and sworn to before m this day of
1985 u
ry Public
My Corrmission Expires: le
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
LITTLETON C. HUDGINS AND WILLIAM S. HUDGINS PROJECT
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of Littleton
C. Hudgins and William D. Hudgins, or any partnership or corpora-
tion of which Littleton C. Hudgins and/or William S. Hudgins
are partners or shareholders (the "Company") for the issuance
of the Authority's industrial development revenue bonds in
an amount not to exceed $1,000,000 (the "Bonds") to assist
in the financing of the Company's acquisition, construction,
and equipping of an office buildinq consisting of approximately
10,000 to 15,000 square feet to be located on approximately
one-third (1/3) acre on the west side of the 3700 block of
Pacific Avenue in the City of Virqinia Beach, Virginia, and
has held a public hearing thereon on July 9, 1985; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City") to
approve the issuance of the Bonds to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378-1 of the Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving
the issuance of the Bonds, subject to terms to be mutually
agreed upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, have been filed with
the Council of the City of Virginia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Littleton C.
Hudgins and William S. Hudgins, or any partnership or corpora-
tion of which Littleton C. Hudgins and/or William S. Hudgins
are partners or shareholders, to the extent of and as required
by Section 103(k) of the Internal Revenue Code, to permit
the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, result-
ing from (1) the Authority's failure to issue bonds for the
Facility for any reason, including, but not limited to, any
decision by the Authority in its sole discretion to allocate
its allowable industrial development bond volume to one or
more other projects if the issuance of tax exempt bonds by
the Authority is restricted by any state or federal statute
now or hereafter enacted; or (2) the Authority's failure for
any reason after the issuance of bonds for the Pacility to
allocate a portion of its allowable industrial development
revenue bond volume to the Facility if the issuance of tax
exempt bonds by the Authority is restricted by any state or
federal statute now or thereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia on Ttilyx3s5xxXII518@ August 5, 1985
4/25/84 EXHIBIT F
SUM14ARY SHEET
CITY OP VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: 1,PS P@W4AGBIE@4T, a partnership
2. LOCATION: 5752 PRINCFSS ANNE RUAD
VIRGINIA BEACE, VA 23462
3. DESCRIPTION OF PROJECT: 2 STORY OFFICE/WAREHOUSE
SITE IMPROVEMENT, 2ND STORY ADDITION
4. AMOUNT OF BOND ISSUE: 320,000
5. PRINCIPALS: FRANK G. LOGAN, III
,CHARLFS L. PHNLPS
STOCKTON N. SMITH
6. ZONING CLASSIFICATION:
a. Present zoninq
classification of the
Property B-2
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
Exhibit D
FISCAL IMPACT STATEMENT
FOR'PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: June 20, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAMET LPS MANAGEMENT, a partnershil)
TYPE OF FACILITY: Office/warehouse
l@ maximum amount of financing sought s )20,000.00
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ Z50.000-UO
3. Estimated real property tax per year
using present tax rates $ 2,000.00
4. Estimated personal property tax per
year using present tax rates $ 800.00
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 750-00
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 450,000.00
7. Estimated number of regular employees on
year round basis $ 20
8. Average annual salary per employee $ 17,5oo. oo
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
B
Economic Impact Statement
1. Amount of investment $ 320,000.00
2. Amount Of industrial revenue bond financing
$ 320-000,00
sought
3. Estimated taxable value of the facility' 8
real property to be constructed in the City
of virginia Beach $ 250 000.00
4. Estimated real property tax per year using
present tax rate $ 2,000.00
5. Estimated personal property tax $ 1,500.00
6. Economic impact statement demonstrating the
overall return to the-city:
A. Number of new jobs 10
B. Payroll generated $ Av. Wage $ 12,000
C. Number of jobs retained
D. Payroll retained $ 0 AV- Wage $i? onn
E. Estimate of the value of goods and services purchased
within the geographic boundary of virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles , etc.):
Type Value
$
Professional Services $
Insurance $- 3-onn
Vehicles $ 20 (100
TOTAL $ 448,000.00
P. Estimated building permit fee and other municipal
fees $.
G. Estimated construction payroll $ 40,000
R. Estimated value of construction material
to be purchased within the City of
Virginia Beach $ 40 - 000
1. Estimated number of construction jobs 4
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project N/A
7. Is the site currently zoned for the specific use being
proposed for industrial revenue bond financing? Yes x
No
S. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes x No
9. will the bond financing close within 90 days from the
date of adoption of.the inducement resolution? Yes x
No
10. L-ocation of project (attach location map)
5752 Princess Anne Road. Virqinia Beach
11. Explanation of alternative financing that has been
reviewed for project N/A
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
(Applicant)
Subscribed and sworn to before me this 13th day of June
1 985.
Notary Public
My Commission Expires: 2/18/89
RESOLUTION APPROVING THE PLAN OF FINANCING
AND ISSUANCE OF INDUSTRIAL REVENUE BONDS
FOR LPS MANAGEMENT, A PARTNERSHIP
WHEREAS, the Cit,y of Virginia Beach Development Authorit.y (the
Authority) has considered the application and plan of financing of LPS
Management, a Partnership (the Company) for the issuance of the Authorit,y's
industrial development revenue bonds in an amount estimated at $320,000-00
(the Bond) to assist in the financing of the Compan,y's acquisition,
construction, and equipping of an office/warehouse facilit,y (the Facility)
to be located at 5752 Princess Anne Road, in the City of Virginia Beach,
Virginia, and has held a public hearing thereon on
and
WHEREAS, the Authority has requested the City Council (the Council)
of Virginia Beach, Virginia (the Cit,y), to approve the plan of financing and
issuance of the Bond to comply with Section 103(k) of the Internal Revenue
Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution approving the plan of
financing and issuance of the Bond, subject to ternis to be agreed upon, and
a reasonabl.y detailed summary of the comments expressed at the public
hearing, if any, have been filed with the Council of the Cit,y of Virginia
Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves
the plan of financing and issuance of the Bond by the City of Virginia Beach
Development Authorit,y for the benefit of LPS Management, a Partnership, to
the extent of and as required by Section 103(k) of the Internal Revenue
Code, to permit the Authorit,y to assist in the financing of the Facility.
2. The approval of the plan of financing and issuance of the Bond,
as required by Section 103(k), does not constitute an endorsetnent of the
Bonds or the Creditworthiness of the Company; but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that
neither the City nor the Authority shall be obligated to Da.y the Bond or the
interest thereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. in approving the Resolution, the City of Virginia Beach,
including its elected representatives, officers, employees, and agents,
shall not be liable and hereby disclaims all liability for an.y damages to
any person, direct or consequential, resulting from (1) the Authority's
failure to issue bonds for the Project for any reason, including but not
limited to any decision b.y the Authority in its sole discretion to allocate
its allowable industrial development bond volume to one or more other
projects if the issuance of tax-exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted; or (2) the
Authority's failure for any reason after the issuance of bonds for the
Project to allocate a portion of its allowable industrial develodment bond
volume to the Project if the issuance of tax-exempt bonds by the Authority
is restricted by any State or Federal statute now or hereafter enacted.
4. This Resolution shall take effect immediately upon its
adoption.
Adoption by a majority of a quorum of the Council of the Cit,y of
Virginia Beach, Virginia on August 5 , 1985.
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: LYNN-DEE MOTEL, INC.
2. LOCATION: 1.002-1014 ATLANTIC AVE.-
3. DESCRIPTION OF PROJECT: MOTEL
4. AMOUNT OF BOND ISSUE: $3,750,000
5. PRINCIPALS: Linwood O.B. Branch, Jr.
Patricia M. Branch
Linwood O.B. Branch, III
Jacgublyn B. McAffee
Lawrence 0. Branch
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property li-2
b. Is rezoning proposed? Yes No X
c. If so, to what zoning
classification?
FISCAL IMPACT STATE14ENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: June 11, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NA14E: LYNN-DEE MOTEL, INC.
TYPE OF FACILITY: MOTEL
1. Maximum amount of financing sought $ 3,750,00()
2. EStimated taxable value of the facility's
real property to be constructed in the
municipality $ 3,500,000
3. Estimated real property tax per year
using present tax rates $ 2R,000
4. Estimated personal property tax per
year using present tax rates $ 7,500
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 5,760
6. Estimated dollar value per year of goods
and services tbat will be purchased
locally $ 122,000
7. Estimated number of regular employees on
year round basis $ 30-40
8. Average annual salary per employee $ 1210on-00
The information contained in tbii3 Statement is based solely on
facts and estimates provided by the Applicant, and tbe Authority has
made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
By
Aut n
ECONOMIC IMPACT STATEMENT
1. Amount of investment $ 4 000 000
2. Amount of industrial revenue bond financing
sought $ 3,750,000
3. Estimated taxable value of the facility's real
property to be constructed in the City of
Virginia Beach $ 3 500 000
4. Estimated real property tax per year using
present tax rate $. 28,000
5. Estimated personal property tax $ 7,500
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 19 possible
B. Payroll generated $ 228 000 Av. Wage $ 12 000
C. Number of jobs retained 21
D. Payroll retained $ 252 000 Av. Wage $ 12,000
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Insurance and Professional
Services s 0,000
1 i c-@ qfl $ '12F 000
repair services
and eEluipEfie@ $ -11,' onn
$_ 15.000
TOTAL $-122,000
F. Estimated building permit fee and other municipal
fees $
G. Estimated construction payroll $ 750,000
H. Estimated value of construction material to
be purchased within the City of Virginia
Virginia Beach $ 700,000
I. Estimated number of construction jobs
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the projectupqrade facilities along Atlantic Ave.-
and iprovidp sur)r)ort tc) the tolirist in@strv
7. Is the site currently zoned for tbe specific use being proposed for
industrial revenue bond financing? Yes X No
B. Has a bond purchase agreement/commitment been accepted by the
applicant? (attach a copy) Yes No x
9. Will the bond financing close within 90 days from the date of adoption
of the the inducement resolution? Yes x No
10. Location of project (attach location map) 1002-1014 Atlantic Ave.
11. Explanation of alternative financing that has been reviewed for
project None
I hereby certify that the information stated in the above Economic
Impact Statement is accurate and true in all respects.
LYNN-DEE MOTEL, INC.
(Applicant)
Subscribed and sworn to before me this day of
1985.
Notary Public
My Commission Expires:
9
NTIC
,.rLA
tiu
NAME OF PROJECT: Lynn-Dee Motel,
Inc.
TYPE OF PROJECT: Motel
LOCATION OF PROJECT: 1002-1014 Atl,nti
Avenue
RESOLUTION APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
LYNN-DEE MOTEL, INC.
WHEREAS, the City of Virginia Beach Development Authority
(the Authority) has considered the application of Lynn-Dee Motel,
Inc. (the Company) for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed $3,750,000
(the Bonds) to assist in the financing of the Company's
acquisition, construction, and equipping of a 60 unit motel with
related office, shops and restaurant facilities (the Facility) to
be located at 1002-1014 AtlantiC Avenue, in the City of Virginia
Beach, Virginia, and has held a public hearing thereon on July 9,
1985, and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to S15.1-1378.1, Code of Virginia, 1950, as
amended, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approve the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Lynn-Dee Motel, Inc., to
the extent of and as required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing
of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and monies
pledged therefor, and neither the faith nor credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on August 5, 1985.
061716/tw/COM
-2-
4/25/84 EXHIBIT F
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: OCTO, INC., t/a The Dunes Motel
2 . LOCATION: 921 Atlantic Avenue
Virginia Beach, Virginia 23451
3 . DESCRIPTION OF PROJECT: Motel renovations and construction
4 . AMOUNT OF BOND ISSUE: $4,250,000.00
5 . PRINCIPALS; William C. Eagan
Helen Christie
Nicos Georgiades
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property Hotel
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification?
Exhibit D
FISCAL IMPACT STATEMENT
FOR'PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: June 24, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: (X,70, INC.
TYPE OF FACILITY: Motel
1. Maximum amount of financing sought $ 4,250,000.00
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 4,250,000.00
3. Estimated real property tax per year
using present tax rates $ 55,000.00
4. Estimated personal property tax per
year using present tax rates $ 10,000.00
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 5,800.00
6. Estimated dollar value per year of goods
and services that will be purchased
locally s675,000.00
7. Estimated number of regular employees on
year round basis * 30
8. Average annual salary per employee $ 13,400.00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
-Z--Y @
c .1r.@v
Economic Impact Statement
1. Arnount of investment $4,250,000.00
2. Amount Of industrial revenue bond financing
$4,250,000.00
sought
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach $ 3,600,000.00
4. Estimated real property tax per year using
present tax rate $- 28,000.00
5. Estimated personal property taX s 0
6. Economic impact statement demonstrating the
overall return to the-city:
A. Number of new )'obs 10
B. Payroll generated $ 0 Av. wage $
C. Number of jobs retained
D. Payroll retained $ Av. wage $
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehiclest etc.):
Type Value
Furnis
Elevat
Professional Services $
TOTAL 40,000
F. Estimated building permit fee and other municipal
fees $ 5,000.00
G. Estimated construction payroll $ 1,750,000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $- 875,000
I. Estimated number of construction jobs 75
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project the City S,
i on.
7. Is the site currently zoned for the specific use being
proposed for industrial revenue k>ond financing? Yes X
No
S. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes x No
9. will the bond financing close within 90 days from the
date of adoption of.the inducement resolution? Yes x
No
10. Location of project (attach location map)
921 Atlantic AvenLe, Virgi
11. Explanation of alternative financing that has been
reviewed for project N/A
I hereby certify that the information stated in the above
Economic impact Statement is accurate and true in all respects.
(Applicant)
Subscribed and sworn to before me this 13th day of June
1985@,
Notary Public
my Commission Expires: 2/18/85
lid
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RESOLUTION APPROVING THE PLAN OF FINANCING
AND ISSUANCE OF INDUSTRIAL REVENUE BONDS
FOR OCTO, INC.
WHEREAS, the Cit.y of Virginia Beach Development Authorit.y (the
Authorit.y) has considered the application and plan of financing of Octo,
Inc., (the Compan,y) for the issuance of the Authority's industrial
development revenue bonds in an amount estimated at $4,250,000.00 (the Bond)
to assist in the financing of the Company's acquisition, construction, and
equipping of a motel facility (the Facilit.y) to be located at 921 Atlantic
Avenue in the City of Virginia Beach, Virginia, and has held a public
hearing thereon on ; and
WHEREAS, the Authorit,y has requested the Cit.y Council (the Council)
of Virginia Beach, Virginia (the Cit.y), to approve the plan of financing and
issuance of the Bond to comply with Section 103(k) of the Internal Revenue
Code of 1954, as amended; and
WHEREAS, Pursuant to Section 15.1-1378.1, Code of Virginia, 1950,
as amended, a cop,y of the Authority's resolution approving the plan of
financing and issuance of the Bond, subject to terms to be agreed upon, and
a reasonably detailed summary of the comments expressed at the public
hearing, if an.y, have been filed with the Council of the Cit,y of Virginia
Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves
the plan of financing and issuance of the Bond b,y the City of Virginia Beach
Development Authorit.y for the benefit of Octo, Inc., to the extent of and as
required by Section 103(k) of the Internal Revenue Code, to permit the
Authorit.y to assist in the financing of the Facility.
2. The apdroval of the plan of financing and issuance of the Bond,
as required by Section 103(k), does not constitute an endorsement of the
Bonds or the Creditworthiness of the Compan,y; but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that
neither the City nor the Authorit'y shall be obligated to pa,y the Bond or the
interest thereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. In approving the Resolution, the Cit,y of Virginia Beach,
including its elected representatives, officers, employees, and agents,
shall not be liable and hereby disclaims all liabilit,y for any damages to
any person, direct or consequential, resulting from (1) the Authorit,y's
failure to issue bonds for the Project for any reason, including but not
limited to any decision b,y the Authority in its sole discretion to allocate
its allowable industrial development bond volume to one or more other
projects if the issuance of tax-exempt bonds b,y the Authorit,y is restricted
by an.y State or Federal statute now or hereafter enacted; or (2) the
Authority's failure for any reason after the issuance of bonds for the
Project to allocate a portion of its allowable industrial development bond
volume to the Project if the issuance of tax-exempt bonds b.y the Authorit.y
is restricted b.y any State or Federal statute now or hereafter enacted.
4. This Resolution shall take effect immediatel.y upon its
adoption.
Adoption by a majority of a quorum of the Council of the Cit.y of
Virginia Beach, Virginia on August 5, , 1985.
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMSNT REVENUE BOND
PROJECT NAME: PEMBROKE SOUTH ASSOCIATES FACILITY
PROJECT LOCATION: 4.85 acre parcel approximately 225
feet west of Independence Blvd.,
between Virginia Beach Blvd. and
Columbus Street.
DESCRIPTION OF PROJECT: 168 unit suite hotel with conference,
recreational and administrative
office facilities
AMOUNT OF BOND(S): Not more than $10,00,000.00 pursuant
to a two phase plan of financing
PRINCIPALS: Lance A. Lavenstein and Lavenstein
Development Corporation, a Virginia
corporation.
psa#l
SS.C
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO: THE CITY COUNCII, OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: PEMBROKE SOUTH ASSOCIATES FACILITY
TYPE OF FACILITY: 168 Unit Suite Hotel with conference,
recreational and administrative office
facilities
1. Maximum amount of financing sought $10,000,000.00
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $ 5,200,000.00*
3. Estimated real property tax per
year using present tax rates $ 41,600.00*
4. Estimated personal property tax
per year using present tax rates $ 21,600.00*
5. Estimated merchants' capital tax
(e.g. business licenses, etc.)
per year using present tax rates $ 92,139.00*
6. Estimated dollar value per year
of goods and services (including
professional services) that will
be purchased locally $ 215,000.00*
7. Estimated number of regular
employees on year round basis 20*
8. Average annual salary per employee $ 9,544.00*
NOTE: Estimates based only on one Facility, containing 80
suites, during the first year of operation.
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with respect
thereto.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY OF VIRGINIA BEACH,
VIRGINIA
By
Authority'i'Chairman
psa.1
fis.c
PHASE I
Economic Impact Statement
1. Amount of investment $5,027,000
2. Amount of industrial revenue bond financing
sought $4,727,000
3. Estimated taxable value of the faciltty's
real property to be constructed in th. City
of Vir4inia' Be;ach $5,200,000
4. Estimated real property tax pet year uting
present tax rate $ 41,600
5. Estimated personal property tax $ 21,600
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 20
B. Payroll generated $ 190,880 Av. Wage $ 9,544
C. Number of jobs retained N/A
D. Payroll retained $ , Av. Wage $
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Front Desk and Telephone Equipment $100,000
-is , ooo
Lawn, Mai.ntenance Tools and Equipment $ 10,000
Office Equipment $ 26,000
Professional Servi.ces 3 2 , 00 0 TOTAL 215,000.00
Insurance 25,000
Opening Expenses 7,000
P. Estimated building permit fee and other municipal
fees $ 30,000
G. Estimated construction payroll $ 1 , 4 3 0 , 0 00
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $ 1, 4 30 , 00 0
I. Estimated number of construction jobs 125
J. Any other items which the'applicant feels
the Authority should be made aware of in
evaluating the project
7. Is the site currently zohed for the use of being proposed
for industrial revenue bond financing? Yes X No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a@copy) Yes -,No x
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes xx
No
10. Location of project (attach location map)
11. Explanation of alternative financing that has been
reviewed for project The project i.s not fi.nanci.ally
feasible wi.th conventional financj-ng. If revenue bond
financi.ng is not avai.lable, the project wi-11 be postponed
unti.1 such ti,me as bond fi.nancj-ng i.s avai.lable or the
project will be abandoned.
I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in.all respects.
PEMBROKE SOUTH ASSOCIATES
By:
(A@ican,t)t
Subscribed and sworn to before me this /@'day of
1985.
u
Notary Public
My Commission Expires:
04 GC
PROJECT NAME: Pembroke South Associates Facility
PROJECT ADDRESS: 4.85 acre parcel approximately 2251
west of Independence Blvd., between
Virginia Beach Blvd. and Columbus
Street
TYPE OF PROJECT: 168-Unit Suite Hotel with Conference,
Recreational, & Administrative Off
Facilities
PE4 CH
BOULEVARD
01 c"IF
10"
A-,
PARCEL 2
POROMAC STREER
P.Rcet.
L 4
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COLUV US
PARCEL 7
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tAi@. .@d SUBDIVIS/Oll
d.it OF
c". COLt],@l,,r?US CENTE)
fOR
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 5 day of Ai,gi@,t- 1985.
On motion by and seconded by
Couiicilman Louis Jolies the following Resolution was adopted.
RESOLUTION OF COUNCIL OF THE CITY OF VIRGINIA BEACH APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND FOR PEMBROKE SOUTH ASSOCIATES
WHEREAS, on December 13, ' 1983, the City of Virginia
Beach Development Authority, whose address is 770 Lynnhaven
Parkway, Suite 200 , Virginia Beach, Virginia 234 5 2 (the
"Authority") has considered the application of Pembroke South
Associates, a Virginia limited partnership, whose address is
4605 Pembroke Lake Circle, Virginia Beach, virginia 23455 (the
"Purchaser"), for the issuance of the Authority's plan of financing
in an amount estimated at not more than $10,000,000 (the "Bonds")
by the issuance of one or more industrial development revenue
bonds in the financing of the Purchaser's construction, fur-
nishing and equipping of a 216 unit@suite hotel with related con-
ferences, activity, recreational and administrative office
facilities on a 5.65 acre parcel oi land in Virginia Beach and
passed a resolution approving said application (the "Resolution
of Intent"); and
WHEREAS, after proper no.tice of public hearing as
required by law, the Authority has considered the application of
the Purchaser for the amendment of the Resolution of Intent to
amend the description of the Facility to be as follows: A one
-1-
hundred sixty-eight (168) unit suite hotel with related con-
ference, activity, recreation and administrative office facili-
ties located on a 4.85 acre parcel in Virginia Beach, Virginia,
approximately 225 feet west of Independence Boulevard, between
Virginia Beach Boulevard and Columbus Street (the land and impro-
vements described herein being collectively referred to as the
"Facility"); and
WHEREAS, the Authority has requested the City Council
(the "Council") of City of Virginia Beach, Virginia (the "City")
to approve the issuance of the Bond to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuan t to SS15.1-1378.1, Code of Virginia, as
amended, a copy of the Authority's resolution, as amended,
approving the issuance of the Bond, subject to terms to be agreed
upon and a reasonably detailed summary of the comments expressed
at the public hearing, if any, hav6 been filed with the Council
of the City-of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the plan of financing for issuance of the Bonds by the
City of Virginia Beach Development Authority, for the benefit of
Pembroke South Associates, a Virginia limited partnership, to the
extent of and as required by Section 103(k) of the Internal Reve-
nue Code, to permit the Authority to assist in the financing of
-2-
the Project.
2. The approval of the plan of financing for the
issuance of the Bonds, as required by Section 103(k), does not
constitute an endorsement of the Bond or the creditworthiness of
the Purchaser, but, pursuant to Chapter 643 of the Virginia Acts
of Assembly of 1964, as amended, the Bond shall provide that
neither the City nor the Authority shall be obligated to pay the
Bond or the interest thereon or other costs incident thereto
except from the revenues and moneys pledged therefor, and neither
the faith or credit nor the taxing power of the Commonwealth, the
City, or the Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on August 5, 198 5.
Secretary
res.ps.c
ps#l
-3-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. Project Name: TRITON TOWERS ASSOCIATES,
A Virginia limited partnership
2. Project Location: VACANT OCEANFRONT LOT AT 23RD STREET
AND OCEANFRONT, VIRGINIA BEACH, VIRGINIA,
ADJACENT TO AND CONTIGUOUS WITH THE
EXISTING TRITON TOWERS HOTEL
3. Description of
Project: A 62 , 500 (APPROXIMATE) SQUARE FOOT
HOTEL TOWER ADDITION TO EXISTING HOTEL
TO CONTAIN APPROXIA4ATELY 48 UNITS,
RESTAURANT, PARKING DECK AND POOL
4. Amount of
Bond Issue: $3,000,000.00
5. Principals: SLTRF AND SAND, INC., A VIRGINIA
CORPORATION, GENERAL PARTNER AND
LAWRENCE R. SIEGEL AND NORMAN
LEVINE
6. Zoning Classification:
(a) Present zoning
classification of
the property? H-2
(b) Is rezoning proposed? Yes No x
(c) If so, what zoning
classification? N/A
DNR/6.10.7.C
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: JULY 9, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: TRITON TOWERS ASSOCIATES,
A VIRGINIA LIMITED PARTNERSHIP
TYPE OF FACILITY: 62,500 (APPROXIMATE) SQUARE FOOT HOTEL
TOWER ADDITION TO AN EXISTING HOTEL TO
CONTAIN APPROXINLATELY 48 UNITS,
RESTAURANT, PARKING DECK AND POOL
1. Maximum amount of financing sought $3,000,000.00
2. Estimated taxable value of the facility's $2,500,000.00
real property to be constructed in the
municipality
3. Estimated real property tax per year using $ 20,000.00
present tax rates
4. Estimated personal property tax per year $ 13,000.00
using present tax rates
5. Estimated merchants' capital (business $ 12,000.00
license) tax per year using present
tax rates
6. Estimated dollar value per year of goods $ 100,000.00
and services that will be purchased locally
7. Estimated number of regular employees on 12
year round basis
8. Average annual salary per employee $ ii,ooo.oo
The information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority has
made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
I
c
DNR/6.10.8.C
Economic Impact Statement
1. Amount of investment $3 000 000.00
2. Amount of industrial revenue bond financing
sought $3 000 000-00
3. Estimated taxable value of the facility's
real property to be constructed in the CitY
of virginia Beach $2,500,000.00
4. Estimated real property tax per year using
present tax rate $- 20,000.00
5. Estimated personal property tax $ 13,000.00
6. Economic impact statement demonstrating the
ovetall return to the city:
A. Number of new jobs 18
B. Payroll generated $180 000.00 Av. wage $ io,ooo.oo
C. Number of jobs retained 12
D. Payroll retained $150.000.OoAv. Waqe $ 0.00
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type ValLie
Architectural
Engineering $ 00
Legal $ 3-5,000-00
Building $2 00 .00
TOTAL $ .00
F. Estimated building permit fee and other municipal
fees $-Unknown
G. Estimated construction payroll $ 500, 000, 00
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $.See 6e
I. Estimated number of construction jobs 5
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project Additional u
will provide additional tourist dollars to
7. Is the site currently zoned for the specific use being
proposed for industrial revenue bond financing? Yes x
No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes _ No -X
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes y
No
10. Location of project (attach location map)
Oceanfront, Virqinia
11. Explanation of alternative financing that has been
reviewed for project
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
TRITON TOWERS ASSOCIATES,
A Virgi-n Part
B
(Applicant)
Subscribed and sworn to before me this day of
1 98
Notary Public
My Commission Expires:
PIRATES
@ILLS
IRGINIA BEACH 4
N@,
7
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17 @.O. Joins Map 22
PROJECT NAME: TRITON TOWERS ASSOCIATES
PROJECT ADDRESS: 24th and OCEANFRONT, VIRGINIA BEACH, VA
TYPE OF PRODUCT: HOTEL OPERATION
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
TRITON TOWERS ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") has considered the application and plan of financing of
Triton Towers Associates, a Virginia limited partnership (the
"Purchaser") for the issuance of the Authority's industrial development
revenue bonds in an amount estimated at Three Million Dollars
($3,000,000.00) (the "Bonds") to assist in the financing of the
Purchaser's construction and equipping of a 62,500 (approximate) square
foot hotel tower addition to an existing hotel to contain approximately
48 units, a restaurant, parking deck and pool to be constructed on an
oceanfront lot located adjacent to and contiguous with the Triton Towers
Hotel at 23rd Street and Oceanfront, Virginia Beach, Virginia, and after
proper notice in a newspaper of general circulation has held a public
hearing thereon on July 9, 1985 pursuant to Section 15.1-1378.1 of the
Code of Virginia, 1950, as amended; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve the
issuance of the Bonds in compliance with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a reaso-
nably detailed summary of the comments expressed at the public hearing,
if any, as well as the Economic Impact Statement and other requested
documents, have been filed with the Council of the City of Virginia
Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, appro-
ves the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of Triton Towers Associates, a Virginia
limited partnership, to the extent of and as required by Section 103(k)
of the Internal Revenue Code, to permit the Authority to assist in the
-1-
financing of the Facility.
2. The approval of the issuance of the Bonds, as required by
Section 103(k), does not constitute an endorsement of the Bonds or the
creditworthiness of the Purchaser; but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide
that neither the City nor the Authority shall be obligated to pay the
Bonds or the interest thereon or other costs incident thereto except
from the revenues and monies pledged therefore, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
ADOPTED by a majority of a quorum of the Council of the City of
Virginia Beach, Virginia on Wx , 1985.
August 5,
DNR/6.10.6.C
-2-
SUMMARY SliEET
1. PROJECT NAME-. GREAT NECK ROAD GREAT BTG
GREENHOUSE NURSERY AND SHOPS
(VM ASSOCIATES)
2. LOCATION: At the intersection of Great Neck
Road and First Colonial Roaa on
the east side of Great Neck Road and
the south side of First Colonial Road
3. DESCRIPTION OF PROJECT: Greenhouse, Garden Center and
Retail Shops
4. AMOUNT OF BOND ISSUE: $975,000
5. PRINCIPALS: Van Voorhees - 4548 Boney Road-
Virginia Beach, VA 23462
E. Martin Schara - 5405 Indian River
Road - Virqinia Beach, VA 23464
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property B-2
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
I I/ 5/ 8 3
FISCAL IMPACT STATEMENT
DATE: JUNE 11, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: r
.,REAT NECK ROAD GREAT BIG GREENHOUSE
NURSERY AND SHOPS (VM ASSOCIATES)
TYPE OF FACILITY: GREENHOUSE, NURSERY, GARDEN CENTER, LANDSCAP-
ING SERVICE AND SMALL RETAIL SHOPS
1. Maximum ai@ount of financing sought $--9-75,000
2. Estimated taxable value of the facilitv's
real property to be constructed in th,-
municipality $ 1,432,000
3. Estimated real propertv tax per year
using present tax rates $ 11,000
4. Estimated personal property tax per
year using present tax rates $ -,-1,300
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 2,400
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 500,_ O@O
7. Estimated number of regular employees on
year round basis 30 to 40
8. Average annual salary per emplovee $ 8,000 - 10,000
The information contained in this Statement is based solelv
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
Citv of Virginia Beach
Development Authority
B,
'--C
Economic Impact Statement
1. AinOunt of investment $ 000
2. Amount of industrial revenue bond financinq
sought
51000
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach -1
4. Estimated real propert
Y tax per year using
present tax rate 11,000
5. Estimated personal property tax 1,300
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 30 - 40
B. Payroll generated $ 2oo ooo Av. Wage Ho@ur
C. Number of jobs retain;2d
D. Payroll retained $ Av. Wage
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Equipment $ 5 00 0 0
$
Insurance $ 1 50 0 0
Motor Vehicle $ 2 5 , 0 0 0
Inventory 1 0 0 , 0 0 0TOTAL $-210,000
F. Estimated building permit fee and other municipal
fees
6 0 0
G. Estimated construction payroll 60,000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach 200,000
I. Estimated number of construction jobs 35 - 45
J. Any other items which the applicant feels
the Auti-ority should be made aware of in
evaluating the project Provide retail and wholesale
landscaping products; e glcl y soun
7. Is the site currently zoned for the use of being proposed
for industrial revenue bond financing? Yes X No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a,copy) Yes - No x
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes X
No
10. Location of project (attach location map) At the inter-
section of Great Neck Road and First Colonia oa ea
side of Great Neck Road and south side of First Colonial
11. Explanation of alternative financing that has been
reviewed for project Project not feasible without
bond financinq.
I hereby certify that the information stated in the above
Economic Impact Statement-i, accurate and true in all respects.
(ApE RTIN SCHARA
Subscribed and sworn to before me this day of
198i.
Notar,
MY COmmission Expires:
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PROJECT NA14E: Great Neck Road Great Big Greenhouse
Nursery and Shops (VM Associates)
PROJECT TYPE: Greenhouse, Garden Center, and Retail
Shop
PROJECT LOCATION: Intersection of Great Neck Road and
First Colonial Road
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
VM ASSOCIATES FACILITY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of VM Associ-
ates, a Virqinia corporation, or any partnership or corpora-
tion of which E. Martin Schara is a partner or shareholder
(the "Company") for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed $975,000
(the "Bonds") to assist in the financinq of the Company's
acquisition, construction, and equipping of a retail and wholesale
greenhouse, nursery, garden center, landscaping service, and
miscellaneous small retail shops, on approximately 3.149 acres
of land, to be located at the intersection of Great Neck Road
and First Colonial Road, on the east side of Great Neck Road
and the south side of First Colonial Road, in the City of
Virginia Beach, Virginia, and has held a public hearing thereon
on July 9, 1985; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City") to
approve the issuance of the Bonds to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378-1 of the Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving
the issuance of the Bonds, subject to terms to be mutually
agreed upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, have been filed with
the Council of the City of Virginia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of VM Associates,
or any partnership or corporation of which E. Martin Schara
is a partner or shareholder, to the extent of and as required
by Section 103(k) of the Internal Revenue Code, to permit
the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit n,r
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liabil-
ity for any damages to any person, direct or consequential,
resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including, but not limited
to, any decision by the Authority in its sole discretion to
allocate its allowable industrial development bond volume
to one or more other projects if the issuance of tax exempt
bonds by the Authority is restricted by any state or federal
statute now or hereafter enacted; or (2) the Authority's failure
for any reason after the issuance of bonds for the Facility
to allocate a portion of its allowable industrial development
revenue bond volume to the Facility if the issuance of tax
exempt bonds by the Authority is restricted by any state or
federal statute now or thereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia on J@xi:6xx.19@.xx August 5, 1985
- 18 -
Item 11-J.1.1/p.
RESOLUTIONS ITEM # 23968
Upoii motion by Councilman McCoy, seconded by Councilmati Robert Jones, City
Coulicil ADOPTED Resolutions approving the Issuailce of INDUSTRIAL DEVELOPMENT
REVENUE BONDS by the Virginia Beach Development Authority to the following:
J & J PROPERTIES $ 500,000
1MPACT SYSTEMS, INC. $ 500,000
Voting: 11-0
Couiicil Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniligs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Heilry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf
Council Members Votiiig Nay:
None
Council Members Absent:
None
August 5, 1985
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: J & J Properties
2. LOCATION: 1.823 acre parcel of land on the eastern
side of Sonic Drive approximately 450 feet
from the intersection of Sonic Drive and
London Bridge Road
3. DESCRIPTION OF PROJECT: Acquire, construct and equip an Office/
Warehouse facility.
4. AMOUNT OF BOND ISSUE: $500,000
5 PRINCIPALS: James W. Gravely (50%)
John W. ainslie (50%)
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property Industrial
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification?
11/5/83 EXIIIBIT C
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: March 11, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: J & J Properties
TYPE OF FACILITY: Office/Warehouse
1. Maximum amount of financing sought $ 500,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 650,000
3. Estimated real property tax per year
using present tax rates $ 5,200
4. Estimated personal property tax per
year using present tax rates $ 6,500
5. EStimated merchants' capital (business
license) tax per year using present tax
rates $ 7-000 (3 Corl2orations)
6. Estimated dollar value per year of goods
and services that will be purchased
locally $@.a@ooo,
7. Estimated number of regular employees on
year round basis $ 200
8. Average annual salary per employee $ 17,500
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
Chairm@iV
Economic Impact Statement
1 Amount of investment $ 650 .000
2. Amount of industrial revenue bond
financing sought $ 500,000
3. Estimated taxable value of the
facility's real property to be
constructed in the City of
Virginia Beach $ 650,000
4. Estimated real property tax per
year using present ta:, rate $ 5,200
5. Estimated personal property tax $ 6,500
6. Economic impact statement
demonstrating the overall
return to the City:
A. Number of new jobs 25
B. Payroll generated $ 500,000 Av. Wage $ 20,000
C. Number of jobs retained 200
D. Payroll retained $ 3,500,000 Av. Wage $ 7,500
E. Estimate of the value of goods and services
purchased within the geographic boundary of
Virginia Beach by type (inventory, machinery,
professional services, insurance, motor vehicles,
etc.):
Type Value
- Insurance $ 75 000
Professional Services $ 25,000
Motor Vehicles $ 40 000
Machinerv $150 000
- Inventorv & Supplies $360,000
F. Estimated building permit fee
and other municipal fees $- 7,500
2
G Estimated construction payroll $ 200,000
H. Estimated value of construction
material to be purchased within
the City of Virginia Beach $ 200,000
I. Estimated number of
construction jobs 50
J. Any other items of which the
applicant feels the Authority
should be made aware of in
evaluating the project
7. Is the site currently zoned for the use of being
proposed for industrial revenue bond financing?
Yes x No
8. Has a bond purchase agreement/commitment been acce@ted
by the applicant? (attach a copy) Yes No
A letter of intent from the prospective l'urcliasc-@@s attachezi
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution?
Yes x No
10. Location of project (attach location map) Lot # 10
Sonic Drive London Bridge
11. Explanation of alternative financing that has been
reviewed for project None
I hereby certify that the information stated iii the
above Economic Impact Statement is accurate and true in all
respects.
3
Appiicant)
Subscribed and sworn to befor6 me this Ciay of
Notary Public
My Commission Expires:
PROJECT NAME: J & J Properties
PROJECT ADDRESS: Lot # 10 Sonic Dtiw
TYPE OF PROJECT: Office/Warehouse'-
A meeting of the Council of the City of virginia Beach,
Virginia, was held in the Council Chambers, in the Adminis-
tration Buildinq, on the 5 day of @il, 1985.
August
On motion by Councilman McCoy
and seconded by Couiicilman Robert Joties the follow-
ing Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR J & J PROPERTIES, A
VIRGINIA GENERAL PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of i & i
Properties, a Virginia general partnership (the Company), for
the issuance of the Authority's industrial development
revenue bonds in an amount not to exceed $500,000 (the Bonds)
to assist in the financing of the Company's acquisition,
construction and equipping of an office/warehouse facility
(the Facility) to be located on a 1.823 acre parcel of land
on the eastern side of Sonic Drive approximately 450 feet
from the intersection of Sonic Drive and London Bridge Road
in the City of virginia Beach, Virginia, and to be owned by
the Company, and has held a public hearing thereon on April 9,
1985; and
WHEREAS, the Authority has recommended that the City
Council (the Council) of City of Virginia Beach, Virginia
(the City), approve the issuance of the Bonds to comply with
Section 103(k) of the Internal Revenue Code of 1954, as
amended, and Section 15.1-1378.1 of the Code of Virginia of
1950, as amended;
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, a reasonably detailed summary of the comments expressed
at the public hearing with respect to the Bonds and a Fiscal
Impact Statement in the form prescribed by Section
15.1-1378.2 of the Code of Virginia of 1950, as amended, have
been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereby adopted as a part of this Resolution.
2. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of the Company,
to the extent of and as required by Section 103(k) of the
Internal Revenue Code of 1954, as amended, and Section
15.1-1378.1 of the Code of Virginia of 1950, as amended, to
permit the Authority to assist in the financing of the
Facility.
3. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the
creditworthiness of the Company, but, pursuant to Chapter
643, Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or
other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
4. This Resolution shall take effect imrnediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Auizust
Virginia, on Awl:ix 1985.
2
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: TMPACT qvqtpmq T?,It-
2. LOCATION: SR9 UT@3ma NRTIJR
3. DESCRIPT10N OF PROJECT: MANUFACTURING AND DISTRIBUTION
4. AMOUNT OF BOND ISSUE: $500,000
5. PRINCIPALS: TMPART SYSTEMS PTV T.Tn
AN AUSTRALIAN CORPORATTON
6. ZONING CLASSIFLCATION:
a. Present zoning
classification of the
Property I-1
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: IMPACT SYSTEMS, INC.
TYPE OF FACILITY: MANUFACTURING AND DISTRIBUTION
1. Maximum amount of financing sought $ 445,000
2. Estimated taxable value of the facility's'
real property to be constructed in the
municipality (tenant improvements) $ 50,000
3. Estimated real property tax per year
using present tax rates $ 400
4. Estimated personal property tax per
year using present tax rates $ 6,937
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 1,500
6. Estimated dollar value per year of goods
and services that will be purchased
locally s 4 00, 00 0
7. Estimated number of regular employees on
year round basis $ 20
8. Average annual salary per employee $ 21; . nnn
The information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority has
made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
By
utho
I Ync)unt of invcstn,E-nt s-- 50 0, 0 0 0
2. kmount of Industrial revenue bond financing
sought $ 1445,000
3. EstiTLated taxable value of the facility's real
property to be constructed In the City of
Virginia Beach $ 50,000
4. Estin-atc-d real property tax:per year using
present tax rate $. 400
6,937
5. Estin-ated personal property tax
6. Econoyiic iitpact statetrient demonstrating the
overall zeturn to tbe city:
A. 'Number of new jobs 20 pc)ss i bl e
B. Payroll generated 500,000 Av. Wage 25,000
C. Nun.ber of jobs retained Ii/A
D. Payroll retained NIA Av. Wage
E. Estimate of tbe value of gooas ana services purchased
within the geograpbic boundary of Virginia Beach by
type (inventory, nachinery, professional serv3ces,
insurance, notor vehicles, etc.):
Type Value
testing and office $
professional services $ 104,000
an insurance
@ d,e c@ -& idrinting $
motor vehicles $
TOTAL $ 643,000
F. Estimated building permit fee and other rnunicipal
fees $ NIA
G. Estin,ated construction payroll $ NIA
B Estin.ated val@ of construct3on r.aterial to
be purclased within the City of Virginia
Virginia Beach N/A
1. Estimated nunber of construction jobs :@/A
J. Any other items wbich the applicant feels
the Authority should be TLade aware of in
evaluating the project Busiriess will be rrioved to Virginia
Beach from out of state
7. Is the siie currently zoned. for the specific use being proposed for
industrial revenue bond financing? Yes x No
S. Pas a bond purchase agreement/commitment been accepted by tbe
applicant? (attach a copy) Yes No x
9. TA'ill the bond financing close within 9D days from the date of adoption
of the the inducen,ent resolution? Yes X No
10. Location of project (attach location nap)
509
11. Explanation of alternative financing that bas been reviewed for
project None
I hereby certify trat the inforrration stated in the above Ecc)T)Omic
Inpact Staten,ent is accurate and true in all respects.
IMPACT SYSUEMS, INC.
(Applicant)
Subscribed and sworn to before me this day of
1985.
Notary Public
My Commission Expires:
9
STIC
NAME OF PROJECT: Iiapact Systems,
Inc.
TYPE OF PROJECT: Manufacturing &
Distribution
LOCATION OF PROJECT: 509 Viking Drive
RESOLUTION APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
IMPACT SYSTEMS, INC.
WHEREAS, the City of Virginia-Beach Development Authority
(the Authority) has considered the application of Impact Systems,
Inc. (the Company) for the issuance of the Authority's industrial
development revenue bonds in an Ainount not-to exceed $500,000
(the Bonds) to assist in the financing of the Company's
acquisition, construction, and equipping of a manufacturing,
warehouse and distribution facility (the Facility) to be located
at 509 Viking Drive, in the City of Virginia Beach, Virginia, and
has held a public hearing thereon on July 9, 1985, and
WHEREAS, the Authori ty has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, 1950, as
amended, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approve tbe issuance of the Bonds by the City of Virginia Beach
Development Authority for tbe benefit of Impact Systems, Inc. to
the extent of and as required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing
of the Facility.
2. The approval of the issuance of tbe Bonds, as requi'red
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditwortbiness of the Company; but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay tbe Bonds or fhe interest tbereon oi otber
costs incident thereto except from the revenues and monies
pledged therefor, and neither the faith nor credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on August 5, 1985.
061716/tw/COM
-2-
- 19 -
Item 11-J.I.m.
RESOLUTIONS ITEM # 23969
Upon motion by Vice Mayor McClanan, secoiided by Councilman Louis Joiies, City
Council DEFERRED until after coiisideratioii of the applicant's request for
rezoiiitig the followiiig Resolution approving the Issuaiice of INDUSTRLAL DEVELOPMENT
REVENUE BONDS by the Virgiiiia Beach Developmelit Authority:
D & P ASSOCIATES PROJECT $ 1,500,000
Voting: 10-1
Couilcil Members Voting Aye:
Johii A. Baum, Nancy A. Greech@ Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiiiiings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClaiiaii, and
Meyera E. Oberndorf
Couiicil Members Votiiig Nay:
J. Henry McCoy, Jr., D.D.S.
Couiicil Members Absent:
None
*Verbal Aye
August 5, 1985
- 20 -
Item II-J.2
ANNOUNCEMENT ITEM # 23970
ADD-ON
Mayor Heischober RECOGNIZED and CONGRATULATED Sam Houstoii as being the PRESIDENT
Pro Tempore of the Virgiiiia SENATE's SILVER HAIRED LEGISLATION.
August 5, 1985
- 21 -
Item II-K.
CONSENT AGENDA ITEM # 23971
Upon motion by Councilwoman Creech, secoiided by Councilman Louis Jones, City
Council APPROVED iii ONE MOTION Items 1 through 25 of the CONSENT AGENDA with the
exception of Items 16 and 25 which were voted oii separately.
Votirig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jeiiiiiiigs, Jr., Louis R.
Jones, Robert G. Joties, Vice Mayor Reba S. McClaiiati, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 5, 1985
- 22 -
Item II-K. I
CONSENT AGENDA ITM # 23972
Upon motion by Councilwomaii Creech, secoiided by Councilman Louis Jone5, CitY
Council ADOPTED a Resolution authorizing the enlargement of the NONCONFORMING
STRUCTURE located at 5625 Virgiiiia Beach Boulevard (property of JOHN AND
KATHERINE MILLER).
Voting; 11-0
Council Members Votilig Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Heiiry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Couiicil Members Voting Nay:
Noiie
Council Members Abseiit;
None
August 5, 1985
- 22a -
RESOLUTION AUTHORIZING THE ENLARGEMENT
OF THE NONCONFORMING STRUCTURE LOCATED
5625 VIRGINIA BEACH BOULEVARD (PROPERTY
OF JOHN AND KATHERINE MILLER)
WHEREAS, John Miller and Katherine Miller desire to
construct a 916 square foot addition to their single-family
residence located at 5625 Virginia Beach Boulevard, Virginia
Beach, Virginia, shown as the shaded area on that certain survey
entitled "SITE PLAN OF LOT 128, SUBDIVISION OF FAIR MEADOWS
BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA" ("Exhibit A"), a
reduced copy of which is attached hereto and made a part hereof;
and
WHEREAS, the existing structure does not conform to the
provisions of the Comprehensive zoning Ordinance because single-
family residences are not allowed in the B-2, Community Business
District; and
WHEREAS, pursuant to SS105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement of a
nonconforming structure if Council finds that the structure as
enlarged is equally appropriate or more appropriate to the zoning
district than is the existing nonconformity.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds the enlargement of the
nonconforming single-family residence, located at 5625 Virginia
Beach Boulevard, Virginia Beach, Virginia, as shown on Exhibit A,
is equally appropriate or more appropriate to the zoning district
in which it is located than is the existing nonconformity; and
the City Council hereby authorizes the enlargement of the
nonconforming structure in the manner shown on Exhibit A,
provided enlargement of the structure complies with all building,
site plan, and other requirements of the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on -August 5, 1985
Ci/da
7/3/85 - (3)
APPROVED AS TO coNTENT August 5, 1985
,,.,,TIIE
- 22b -
August 5, 1985
- 23 -
Item 11-K.2
ITEM # 23973
CONSENT AGENDA
Upoii motion by Councilwoman Creech, seconded by Couiicilman Louis Jones, City
Council ADOPTED a Resolutioil authorizing aild directing the City Manager to
execute the cotitract with TIDEWATER ELECTRONIC NETWORK FOR POLICE INFORMATION
(TENPIN).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Couiicil Members Absent:
None
August 5, 1985
- 23a -
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE THE TIDEWATER
ELECTRONIC NETWORK FOR POLICE INFORMATION
(TENPIN) CONTRACT.
WHEREAS, the City of Virginia Beach contracts with
the City of Norfolk to participate in the Tidewater Electronic
Network for Police Information Project (TENPIN Project), and
WHEREAS, the TENPIN Project plays an important role
in enhancing the regional effectiveness of our law enforcement
officers, and
WHEREAS, funding for this project has been provided
in the FY 1986 Operating Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is authorized and
directed to enter into the appropriate contract with the City
of Norfolk for the City of Virginia Beach to participate in
the TENPIN Project for the contract period July 1, 1985,
through June 30, 1986.
This Resolution shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on the 5 day of August, 1985.
August 5, 1985
AGREEMENT
THIS AGREEMENT, Made this _ @day of,
1985 by and between the City of Norfolk, the City of Virginia
Beach, the City of Chesapeake, the City of Portsmouth, the City
of Suffolk, and the City of Hampton, political subdivisions of
the Commonwealth of Virginia.
WITNESSETH: -
That, pursuant to the provisions of Section 15.1-21 of
the 4Code of Virginia, 1950, as amended, the aforesaid political
subdivisions do hereby mutually agree to jointly undertake a
Tidewater ElectroniC Network for Police Information Project,
hereinafter referred to as the TENPIN Project.
That the purpose of this agreement is to accomplish by
joint and cooperative action the objectiv@s of the TENPIN Project
which are as follows: to provide an exchange of data on wanted
persons, persons on probation and parole, police information,
stolen articles, found vehicles and to complement the virginia
Criminal Information Network (V-CIN).
Each of the participating political subdivisions agrees
to the following provisions:
1. Term of Agreement. This agreement shall begin on
July 1, 1985, and expire on June 30, 1986, unless otherwise
extended by mutual agreement.
2. Reimbursement of City of Norfolk. The participat-
ing political subdivisions agree to reimburse the City of Norfolk
for all TENPIN Project expenditures incurred in accordance with
the attached budget.
3. Proiect A Joint Venture. The organization, compo-
sition and nature of the TENPIN Project shall be a joint venture.
4. Norfolk to be Managing Agent. The City of Norfolk
shall be the managing agent for the TENPIN Project. Norfolk
shall undertake and carry out all obligations and responsibili-
ties imposed upon it by this agreement, and, in addition thereto,
shall have the right to take such further actions as may be
reasonably necessary or appropriate to perform its function as
Managing Agent. Norfolk shall have the right to bring or defend
all suits which shall arise out of the performance of the TENPIN
Project activities.
5 oualifications of Managing Agent. The parties
hereto expressly agree that the Data Processing DiViSion of the
City of Norfolk is a qualified Criminal Justice Agency as defined
by the Computerized Criminal History (C.C.H) Program Background,
concept and policy dated June 11, 1974, as approved by the NCIC
Advisory POlicy Board. The TENPIN ProjeCt Director shall oversee
the Data Processing Division to insure that it at all times meets
the applicable standards.
6. Advisory Committee. There shall be a committee
known as the TENPIN -Operational Advisory Committee, sometimes
designated TOAC (the membership to consist of a representative
appointed by the Chief of Police of each of the participating
political subdivisions). This committee shall serve as the
advisory committee to the TENPIN Project.
7. TENPIN Budciet. This joint undertaking shall be
financed entirely by the participating political subdivisions in
accordance with the TENPIN Project budget and budget footnotes
attached hereto and made a part hereof. The Managing Agent shall
be notified in writing by the Chief Executive of the request of
any political subdivision to increase or decrease the number of
terminals used to access TENPIN. 'It shall be the responsibility
of the Managing Agent to notify TOAC of each budget modification
and adjust the budget allocation to the political subdivision
involved in accord with terms stated in the budget. Requests to
Managing Agent for modifications shall be received no later than
thirty (30) days prior to the first day of the month in which the
budget is requested to be modified.
8. T-ocal Lines and Terminals. All necessary local
terminals, telephone lines and data sets shall be installed and
maintained at the expense of each of the political subdivisions.
9. Billings and Remittances. The obligation of each
participating political subdivision shall be payable quarterly to
the Managing Agent within thirty days after receipt of a
statement from the Managing Agent. Billing by Managing Agent
will be mailed to participants within seven days of the last day
of each fiscal year quarter during the term of this agreement.
10. Reguest to Modify Calculations of Fees. The City
of Norfolk acknowledges a request to modify the method of
calculating fees for TENPIN services for future fiscal periods.
The future calculation of fees to members shall be based on
measurements of utilization. Such calculation of fees shall be
developed for extension of 'TENPIN beyond the period stated in
this agreement.
2
Tncreases in Rates. For periods beginning
subsequent to June 30, 1986, And through June 30, 1987, the rates
shall continue to be calculated as outl.ined in paragraph 10
above, Reauest to modify Calculations of Fees@. However, any
increase in rates shall not exceed the increase in the Consumer
Price Index for All Urban Wage Earners and Clerical Workers
(revised CPI-W), published by the U. S. Department of Labor, for
the period of time ending two months earlier, calculated on an
annual basis from May 1 to April 30. If the calculated rate
results in an increase from the prior year which exceeds the
revised CPI-W, then such calculated rate shall be reduced so that
the increase from the prior year shall be equal to the increase
in the revised CPI-W for the applicable twelve-month period.
However, the increase in the calculated rate may exceed the
increase in the CPI-W to the extent that a larger base of
TENPIN-related costs are being utilized in the current period or
to the extent that costs for hardware and/or maintenance exceed
the increase in the CPI-W.
12. of AQreement.. This agreement may be
terminated in part or completely prior to its expiration by the
written agreement of all the participants hereto, executed by the
Chief Executive Officer of each of the political subdivisions.
13. DiAposition of Property. In the event of termin-
ation of this agreement as provided in paragraph 12 above,
Termination of Agreement, prior to the expiration of the term of
the agreement, all property other than those mentioned in
paragraph 8 above, Local Lines and Terminalk, shall remain the
property of the City of Norfolk.
14. Periodic Summaries. The Managing Agent may provide
periodic information summaries to each jurisdiction at the option
of the advisory committee.
15. T,iability To Be Shared. Any liability of this
joint undertaking incurred as a result of administration of the
TENPIN Project by the Managing Agent shall be divided equally
among all of the participating political subdivisions and all
settlements or judgments in satisfaction of such liability shall
be shared equally by all participants. Notice of all claims
shall be promptly given to all participants.
16. Authorized Access to Information. All participat-
ing political subdivisions covenant to exercise due care to
insure that none of its agents, employees or representatives who
have access to computer terminals misuse information obtained
therefrom or abuse the TENPIN System. All participating
political subdivisions further covenant that only properly
authorized personnel will be permitted access to computer
3
terminals and that appropriate security measures will be
maintained to insure that unauthorized personnel are denied
access. In no event shall Norfolk have any liability or
responsibility for misuse of TENPIN information by any agents,
employees or representatives of the participating political
subdivisions.
17. Authorized Participants. The parties to this
contract expressly agree that the following government agencies
may participate in the TENPIN Project on an "at-cost' basis
(relating to the cost of computer hook-up), subject to the
concurrence of TOAC and a finding of feasibility by the Managing
Agent:
A. F.B.I. - Norfolk
B. Drug Enforcement Administration - Norfolk
C. U.S.-Naval Air Station - Norfolk
D. Fort Eustis, U.S. Army - Newport News
E. U.S. Coast Guard - Portsmouth and Norfolk
F. Langley Air Force Base Hampton
G. Fort Story, U.S. Army Virginia Beach
B. NAS Oceana, U.S. Navy Virginia Beach
TENPIN Project facilities shall be made available
only to the duly authorized criminal investigative officers of
the aforementioned government agencies.
18. Additional TENPIN Participants. Any additional
political subdivisions desiring to participate in the TENPIN
Project during the term of this agreement may do so at the option
of TOAC, subject to a finding of feasibility by the City of
Norfolk. Any such additional participant shall make such
payments as are required by the Managing Agent until the next
joint agreement is negotiated.
19. This Document As Single Original. This agreement
will be executed as an original only for filing with the Managing
Agent. All participating political subdivisions shall receive a
conformed copy.
4
IN WITNESS WHEREOF, the parties have caused this
agreement to be executed by their duly authorized officers.
CITY OF NORFOLK
Managing Agent
Assistant City Manager a@te
ATTEST:
City Clerk
CONTENTS APPROVED:
Chief of Police
APPROVED AS TO FORM AND CORRECTNESS:
Assistant City Attorney
I hereby certify that the money required for this
agreement is in the City Treasury to the credit of the fund from
which it is to be drawn and not appropriated for any other
purpose.
Amount:
Account:
Director Of Finance Date
5
CITY OF VIRGINIA BEACH
City Manager @ate
ATTEST:
Virginia Beach City Clerk
CITY OF CHESAPEAKE
City Manager a@te
ATTEST:
Chesapeake City Clerk
CITY OF PORTSMOUTH
City Manager a@te
ATTEST:
Portsmouth City Clerk
CITY OF SUFFOLK
a@te
ci kanager
ATTEST:
Suffolk City Clerk
CITY OF HAMPTON
City Manager a@te
ATTEST:
Hampton City Clerk
7
Attachment'A
TENPIN Agreement FY-86
TENPIN PROJECT BUDGET
July 1, 1985 through June 30, 1986 (1)
(2) (3) (4)
On-line terminal Batch
support expense: Number processing
$359/mo/terminal of TENPIN
display station Terminals reports TOTALS
NORFOLK $120,624 (28) $17,800. $138,424
VIRGINIA $ 17,232 (4) N/A $ 17,232
BEACH
PORTSMOUTH $ 17,232 (4) N/A $ 17,232
CHESAPEAKE $ 8,616 (2) N/A $ 8,616
SUFFOLK $ 8,616 (2) N/A $ 8,616
HAMPTON $ 12,924 (3) N/A $ 12,924
PROJECT
SUB-TOTAL $185,244 $17,800 $203,044
Budget Footnotes:
1) On 5/30/85 a proposed TENPIN Project Budget with the
above assessments was endorsed by the TOAC (TENPIN Operational
Advisory Committee).
2) The assessment for each jurisdiction does not include
costs for terminals, data sets and telephone lines for which each
TENPIN participant is billed directly as per contract term
eight. Note that provisions ten and eleven of this agreement
identify budget modifications being developed in response to TOAC
members for application to the TENPIN Project subsequent to
06/30/86.
3) Budget allocations for this line item are for the
number of terminals indicated for each political subdivision.
The Managing Agent shall prepare invoices for political
subdivisions in accordance with the TENPIN provision 7 & 9 or any
modifications as authorized in provision seven.
4) Costs for batch processing and TENPIN reports has been
allocated to the City of Norfolk only at a rate of $89.00 per
computer hour for 200 hours.
- 24 -
Item II-K.3
CONSENT AGENDA ITEM # 23974
Upon motion by Couiicilwoman Creech, secoiided by Councilman Louis Jones, CitY
Council ADOPTED aii Orditiance authorizilig the City Manager to execute an
agreemeiit with the VIRGINIA BEACH RESORT CONFERENCE HOTEL.
Voting: 11-0
Cou@icil Members Voti@ig Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClaiian, J. Henry
McCoy, Jr., D.D.S., aiid Meyera E. Obertidorf
Council Members Votiiig Nay:
Noiie
Council Members Abseiit:
Noiie
August 5, 1985
- 24a -
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH THE VIRGINIA BEACH RESORT
CONFERENCE HOTEL
WHEREAS, the Virginia Beach Resort Conference Hotel is
the owner and presently engaged in the development and
improvement of certain property adiacent to Shore Drive, and
WHEREAS, the City is the owner of a certain drainage
easement located immediately adjacent to and east of the property
of the Virginia Beach Resort Conference Hotel, and
WHEREAS, in order to provide for the orderly development
of the Virginia Beach Resort Conference Hotel property and
provide an outfall drainage system for the property and for a
portion of Shore Drive immediately south of said property, it is
in the best interest of the City and the Virginia Beach Resort
Conference Hotel to enter into an agreement whereby the City will
obtain the permit to construct the outfall system and the
Virginia Beach Resort Conference Hotel will construct the system
payinq all costs thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
This attached aqreement is hereby approved and the City
Manager is hereby authorized and directed to sign the agreement
with the Virqinia Beach Resort Conference Hotel for the purposes
referenced above and for the terms and conditions more fully
described in the agreement attached hereto and incorporated by
reference.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on the 5 day of August 1985.
DSH/
5/20/85
(DSH MISC.)
August 5, 1985
AGREEMENT
THIS AGREEMENT, made this day Of 1985,
by and between VIRGINIA BEACH RESORT CONFERENCE HOTEL, a Virginia
general partnership, hereinafter referred to as 'VBRCH,L and the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation,
hereinafter referred to as "CitY- ..
WHEREAS, VBRCH is the owner and presently engaged in the
the
of certain property located in
development and improvement
rginia, said property being shown on
City of Virginia Beach, Vi
hibit A attached hereto; and
Ex
the owner of a certain drainage
WHEREAS, City is
ty immediately adjacent to property of
easement located on proper
VBRCH, shown on Exhibit Aas "drainage easement," said easement
being dedicated to the City of Virginia Beach, and recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, in Map Book 147, at Page 7; and
WHEREAS, in order to provide orderly development of the
above-referenced property and provide an outfall drainage system
for the property and Shore Drive immediately in front of the
properties, it is in the best interest of the City and VBRCH to
enter into an agreement whereby the City will obtain the permit
to construct the outfall sytem and VBRCH will be responsible for
constructing the system and payinq for all costs thereof; and
WHEREAS, it is necessary for the City and VBRCH to agree
as to how the outfall system is to be constructed;
NOW THEREFORE, in consideration of the mutual benefit to
nt and aqree as follows:
the City and VBRCH, the parties covena
1. The City hereby authorizes VBRCH to be its agent to
construct an outfall drainage system within the City easement as
shown on Exhibit A attached hereto for the purpose of providing
ent of the
drainage for Shore Drive and the proposed developm
side of the
BRCH to a headwall system on the Bay
property of V
existing dune. All such installation and construction of the
outfall drainage system from Shore Drive to the headwall system
are to be done at the sole
on the BaY s@lde of the existing dune
constructed
Ii cost and expense of VBRCH. Said system to be
1pursuant to all City building code regulations as shown on the
plans attached hereto as Exhibit B, and more specifically as
follows:
a. VBRCH will install a parallel pipe system within
the drainage easement along the western property line of
size to handle the runoff of
'The Landings," upgraded in
ve without detaininq any
VBRCH and adjacent Shore Dri
storm runoff on site and will construct a protective
I outfall system. The new pipe system will be 36"
perforated fiber bond corrugated metal pipe to allow
storm drainage to percolate to the existing sand.
b. The system will have an overflow elevation of
6.001 which is l' below the grates within the VBRCH's
parking lot grades.
-2-
C. in additilii vo the work and material shown on
the plans entitled Exhibit B, VBRCH will install the
following sections of storm drainage pipe:
(i) 160', 24" perforated fiber bond corrugated
metal pipe.
(ii) 2751, 2711 perforated fiber bond corrugated
metal pipe.
(iii) 220', 36" perforated fiber bond corrugated
metal pipe.
(iv) 2 standard storm drainage manholes.
d. All pipes in system will be wrapped with filter
cloth to prevent sand from infiltrating into the
perforated pipe.
e. A 20'x 201 salt-treated deck will be constructed
over the top of the outfall structure to protect it from
the public pedestrian traffic. In addition thereto, a
41 wide salt-treated walkway shall be constructed to
allow the public to cross the dune line to get to the
beach.
2. VBRCH further agrees and covenants to indemnify and
hold harmless the City from any and all liability, actions,
damage or damages of any type as may result during the
installation and construction of said outfall drainage system.
3. This is the entire agreement between the parties and
-3-
cannot be changed or altered except in writinq siqned t,y the City
Manager.
WITNESS the following signatures and seals:
VIRGINIA BEACH RESORT
CONFERENCE HOTEL,
A Virginia General Partnership
By bavid B. 09 sby, Jr.
General Partner
CITY OF VIRGINIA BEACH,
VIRGINIA, a municipal
corporation
By
Tho:
City Manager
Attested:
Ruth Hodges smith
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
I
Public in and for the City and State aforesaid do hereby certify
that DAVID B. OGLESBY, JR., General Partner of VIRGINIA BEACH
RESORT CONFERENCE HOTEL, a Virginia general partnership, whose
natne as such is signed to the foregoing Aqreement, bearing date
on the day of 1985, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
1985.
Noti
pires:
My I
-4-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, tc,-Wit-
I a Notary
Public in and for the City and State aforesaid do hereby certify
that THOMAS H. MUEHLENBECK, CITY MANAGER, and RUTH HODGES SMITH,
CITY CLERK, on behalf of the City of Virginia Beach, whose names
as sucb are signed to the foregoing Agreement, bearing date on
the day of 1985, have acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1985.
Notax
my Commission Expires:
4/30/85
(48.28)
-5-
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- 25 -
Item 11-K.4
CONSENT AGENDA !TEM # 23975
Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City
Couiicil ADOPTED an Ordinance authorizing and directing the City Manager to
execute COST PARTICIPATION AGREEMENTS with R. G. MOORE BUILDING CORPORATION
for water and sewer facilities.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniligs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Heilry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Couiicil Members Voting Nay:
None
Council Members Abseiit:
None
August 5, 1985
- 25a -
AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE COST
PARTICIPATION AGREEMENTS WITH
R. G. MOORE BUILDING CORPORATION FOR
WATER AND SEWER FACTLITIES
WHEREAS, R. G. Moore Building Corporation is desirous
of developing land located in the Kempsville Borough in
accordance with the terms and conditions of the city
ordinances, and
WHEREAS, in order to provide water and sewer services
to this project, it is necessary for the developer to
construct certain water and sewer facilities, and
WHEREAS, the city desires to enter into cost participation
agreements requesting the developer to engage in construction
greater in scope than is necessary for the project in order
to provide water and sewer services to citizens outside the
project limits, and
WHEREAS, the city's share of costs is estimated at
$38,350 for water and $39,000 for sewer improvements and
such costs may be charged to existing capital projects
5-304 Small Line Improvements and 6-316 Various Sewer
Projeccs respectively, and
WHEREAS, such construction at this time will provide
for future needs and prevent the city from having to incur
additional operating and maintenance costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is
hereby authorized and directed to execute cost participation
agreements with R. G. Moore Building Corporation for
construction of water and sewer facilities in Salem Lakes.
Said agreements are attached hereto and the same are hereby
approved.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on 5 day of Augsut 1985.
JCM/93 August 5, 1985
COST BENEFIT ANALYSIS
SALEM LAKES WATER AND S M R COST PARTICIPATION AGREEMENTS
liater
City's cost per agreeinent $38,350.00
City's cost savings
Assumptions
1. Install 3285' of parallel 12" water line along Salem Rd. to provide ultimate
service
Current cost $40/foot
Installation cost increase 5% per year
TiTne value of money 10% per year
Installation 2 years from present
2. Maintenance of pipe for 28 years
Pipe installed 2 years from now, maintenance begins then.
Annual maintenance cost currently $413/1000' of pipe
Maintenance cost increase 5% per year
Time value of money 10% per year
Installation Cost
PV = ($40/ft.)(3285 ft.)(1.05)1(1.10)-2
= $119,726.03
Nlaintenance Cost
PV = (1.10)-' - ($413/1000') (J,i)n-1 (32851)
where n = 28 years
i L"-Q - I = 4.76%
1.05
(l,i)28-1 15.29 when i = 4.76%
PV = $17,145.46
Total PV of installation and niaintenance costs $136,871.49
Net saving to city (water) = $98,521.49
JSII: mc
F13-3
COST BENEFIT ANALYSIS
SALEM LAKES IIATER AND SEWER COST PARTICIPATION AGREENIE@
Sewer
City cost per agreement $39,000
Assumptions
1. Nlaintenance of 32501 of force main for a 30-year period
Armualmaintenance cost currently $357/1000' pipe
@laintenance cost increase 5% per year
Time value of money 10% per year
2. Nfaintenance cost savings will begin in two years.
@taintenance cost
PV = (1.10)-@ (3250')($357/1000,)(15.29)
PV = $14,662.75
Net saving to city (sewer) ($24,337.2D
Jsli: mc
F 13-3
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
PATION AG NT (WATE@R
ci
THIS AGREEMEt4. Made this, day of
re Biiilding cor poration
190 5 0 by and between F . VIRGINIAW
hereini3tter referred.to as "Ownerig, and the CITY OF VIRGINIA BEACH
hereinafter-referred to as the "City"-
WHEREAS, Owner is seized in fee simple of . saiem Lakes
and
WHEREAS. Ovmer it desirous of improving the Project in accordance With
to conform to said
the terms'and conditions of the City ordinances and agrees
ordinances; and ter service to this Project,
WHEREAS, in order for Owner tO provide wa
it is necessary for Owner to constiuct. certain water facilities; and
WHEREAS. the city has requested that such construction be greater in
cessary tO provide service to this Project,. and
scope than is ne to the CitY in providing ser-
WHEREAS, such construction is of value.
vice to customers otber than those within the Project limits;
eration of the iutual.p@mises -and -benefits
NOW, THEREFOR[I, in consid
tie ha
accruing heretos t parties agree t t:
1. Owner shaii construci a water system (hereinafter the "System')
I
according to plans and specifications aporoved by the Department of Public
Utilities' a c6py of which is attached hereto as Exhibit A.
2. The City shall ma@e cA@h payment to Owner in the amount of'
.. ..... ..... .. after successful completion
of the System and acceptance thereol' by the City in aeeo-rdance with Exhibit A.
3. The city shall have the right"at any time to niaki, connect, or,permit
he connection of any other water facility to the Syttem. Any such connection
may be at any point, and the City shall have the right at any time to use the
System to serve persons within and withobt the Project limits.
4. Upo n successful comoletion of the System and acceptance thereof by the
City, Owner hereby agrees that the System, including but not limited to water
connections, water noins, valves. fittings, and all other facilities, shall be
deemed dedicated to the City of Virginia Beach as of the date of the City's
written acceptance thereof.
5. Owner shall indemnify and hold the City hamless from any and all
liability of whatever nature arising out of the de@ign, approval, construction,
and/or installation of the tystem. In the event ahy claim is made against the
City, either independently or jointly with Owner, lessee, or purchaser on
account hereof. the Owner at its sole cost shall defend the City against such
claim.
6. This Agreement shall inure to the benefit of and be binding upon the
p6rties hereto and their respective heirs, sbccessors, and assigns.
7. Upon execution of this Agreement, it shall be recorded by the City
in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Vii-ginia. at Owner's expense.
-2-
IN WITNESS WHEREOF,
has caused its name to be her(,iinto signed by _R,_G,
and the City of Virginia Beach, Virginia,
has caused its name to be lieretinto signed by
its City Matitger.
WITNESS the following Signatures aild seals.
APPROVED AS TO CONTENT5 9, M?gFe Bu@ld n5@q@rAt@on
s Ol/- 7-tz-s@
V GNATUR By
Moore, President
DEPARTMENT
APPROVED AS TO FORM CITY OF VIRGINIA BEACH
SIGNATURE By
CITY ATTORNEY
ATTEST:
APPROVED AS TO CONTENTS: APPROVED AS TO FORM:
Department of Public
Utilities
CITY OF VIRGINIA BEACH
DEpARTMENT OF PUBLIC UTILITIES
CC)ST PARTICIPATION AAGGRREF@j4@ENNTI (kSrE-@WrERn)l
THIS AGREEMENT, Made this day of
5 R. G. Mo
198-Y by and between ore Building corporation
hereinafter referred to as "Owner", and the CITY OF VIRGINIA
BEACH, VIRGINA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of Salem Lakes
and
W-HERFAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
@VHEREAS, in order for Owner to provide sewer'service to this
Project, it is necessary for Owner to construct certain sewer
facilities; and
WHEREAS, the City has requested that such construction be
greater in scope than is necessary to provide service to this
Project: and
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits;
NOW, THEREFORE, in consideration of the mutual promises and
benefits accruing hereto, the parties agree that:
1. Owner shall construct a sewer system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is attached
hereto as Exhibit A.
2. The City shall make cash payment to Owner in the amount
Of $ 3 after successful completion
of the System and acceptance thereof by the City in accordance
with Exhibit A.
3. The City shall have the right at any time to make,
connect, or permit the connection of any other sewer facility to
the System. Any such connection may be at any point, and the
City shall have the right at any time to use the System to serve
persons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System,
including but not limited to sewer connections, sewer mains,
lat erais, pi pes, and al I othe r faciiiti es, shall be.deemed
dedicated to the City of Virginia Beach as of tbe date of the
City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, constructiont and/or installation of the
System. In the event any claim is made against the City, either
independently or jointly with Owner, lessee, or purchaser on
account hereof,@ the Owner at its sole cost shall defend the City
against such claims.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors, and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, at Owner's expense.
-2-
g.@o@e R,4ildiD at
IN WITNESS WliEREOF,_- g_ Corpar
has caused its nam, to be hcretinto signed by
nd the CitY of Virginia Beach, Virginia,
has caused its name to be lieretinto signed by
its City ',1/21anager-
WITNESS tbe followi,g signatures and seals.
AppRo'cED AS to Cot4 d@n@
B@,
R. C. Moore, President
APPROVED AS 1-0 FORM ciTY OF VIRGINIA BEACH
By
y 14a a@ger
CIT" ATTR@NEY
ATTEST:
APPROVED AS TO CONTENTS: APPROVED AS TO FORM:
Department 0 u@b ffl c- Attorney
Utilities
- 26 -
Item II-K.5
CONSENT AGENDA !TEM # 23976
Upon motioti by Councilwoma@i Creech, secotided by Councilman Louis Jolies, City
Council ADOPTED a@i Ordina.ce authoriziiig aiid directitig the City Maiiager to execute
a COST PARTICIPATION AGREEMENT with WAFAT PROPERTIES for water facilities.
Votiiig: 11-0
Couiicil Members Votiiig Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jetillings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClaiiaii, J. Henry
McCoy, Jr., D.D.S., atid Meyera E. Oberiidorf
Couiicil Members Votiiig Nay:
NoLie
Cou,ici.1 Members Abse@it:
Noiie
August 5, 1985
- 26a -
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT WITH WAFAT
PROFERTIES FOR WATER FACILITIES
WHEREAS, WAFAT Properties desires to develop certain
property in the Princess Anne Borough at Lake Placid in
accordance with the terms and conditions of the city
ordinances, and
WHEREAS, in order to provide water service to this
project, it is necessary for the developer to construct
certain water facilities, and
WHEREAS, the city desires to enter into a cost
participation agreement requesting the developer to engage
in construction greater in scope than is necessary for
the project in order to provide water service to citizens
outside the project limits, and
WHEREAS, the city's share of costs is estimated at
$3,900 for water improvements and such costs may be charged
to project 5-304 Small Line Improvements, and
WHEREAS, such construction at this time will provide
for future needs and prevent the city from having to incur
additional installation costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby
authorized and directed to execute a cost participation
agreement with WAFAT Properties for water facilities at
Lake Placid. Said agreement is attached hereto and the
same is hereby approved.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on Fifth day of August -1 1985.
JCM/REP/91 August 5, 1985
COST BENEFIT ANALYSIS
LONDON BRIDGE ROAD WATER COST PARTICIPATION
AGREEMENT
File I 13-4
City's cost per agreement $3,900.00
City's cost savings
Assumptions:
1. Install 447' of parallel 12" water line along London Bridge Road
to provide ultimate service.
Current Cost: $40/foot
Installation cost increase: 5%/year
Time value of money: 10%/year
Installation 3 years from present
2. Maintenance of the pipe for 27 years
Based on 30 year lift - 30 years from now or 27 years from the time
we would have installed it.
Annual maintenance cost today: $413/1000' pipe
Maintenance cost increase: 5%/year
Time value of money: 10%/year
Installation cost
PV = ($40/ft)(447 ft.)(1.05)3(j.1o)-3
PV $ 15,550.97
Maintenance Cost
pV = (1.10)-3($413/1000 ft.)(447 ft.)( (i + i)n
1.10 i(i + i)n
n = 27 years, i rm - 1 = 4.76%
PV = (1.10)-3($413/1000 ft.)(447 ft.) ( (-I+4.76%)27-1
,.@%(l + 4.76Q
PV = $2,083.24
Total PV of installation and maintenance costs = $17,634.21
Net savings to the City =@$13.734.21
HH:ac
7/15/85
,e
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this 8th day of May 1985,
h i,@,_
by and between WAFAT PROPERTIES, a North Carolina limited parttrer sre
after referred to as "Owner", and the CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter referred to as the "City ".
WHEREAS, Owner is seized in fee simple of the property
described in Exhibit A attached hereto and
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide water service to this
Project, it is necessary for Owner -o cons-.-.-uct certain x.;ater
facilities; and
WHEPP,@l, Ci--'-y has requested that such construction be
greater in scope than is necessary to provide service to this
Project; and
WHEREAS, such construction is of value to the City in provid-
ing service to customers other than those x,;ithin the Project
limits7
NOW, THEREFORE-, in consideration of the mutual promises and
benefits accruing hereto, the parties agree that;
1. Owner shall construct a water system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The City shall make cash payment to Owner in the amount
-------- after successful completion
the System and acceptance thereof by the City in accordance
with the approved plans.
3. The City shall have the right at any time to make, con-
nect, or permit the connection of any other water facility to
the System. Any such connection may be at any point, and the City
shall have the right at any time to use the System to serve per-
sons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System, includ-
ing but not limited to water connections, water mains, valves,
fittings, and all other facilities, shall be deemed dedicated
to tbe City of Virginia Beach as of the date of tbe City's written
acceptance thereof.
5. Owner sball indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the system.
In the event any claim is made against the City, either independ-
ently or jointly with Owner, lessee, or purchaser on account
hereof, the Owner at its sole cost shall defend the City against
such claim. Owner dc)es not agree to indermity and hold the City ess for*
6. This Agreement shall inure to the benefit of and be bind-
ing upon the parties hereto and their respective heirs, suc-
cessors, and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, at Owner's expense.
any liability arising out of the inproper operation and rmi-ntenance of the system by the
City. The City agrees that it will operate the system in accordance with standard
operating I)rc)cedures for water lines in the Tidewater area.
1N WITNESS WHEREOF, the parties hereto have executed and
led this agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
By
City Ma@.ge,)
DATE
ATTEST:
(SEAL)WAFAT PROPERTIES, a North Carolina limited
City Clerk partnership
iLft.LL R,-Ao
BY AI@ I
GefFeral Partner
DATE May 8, 1985
APPR c
tment of 15uf
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIRD AS TO AVAILABILITY OF FUNDS:
Department of Finance
STATE OF
CITY OF
a Notary Public in and for the City and
State aforesaid, do hereby certify that
and President and Secretary, r-espectively;
of whose names are signed to the writing
above, bearing date of 11,2,j 7v@-, have acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of 1985.
My Commission Expires
otary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
- and Ruth Hodges Smith, the City
Manager and City Clerk, respectively, of the City of Virginia
Beach, this day of 1 1985.
Notary Public
My Commis:7ion Expires:
3 /2 785
mc
NIP
8" WATERLINE OVERSIZED
TO 12" IN ACCORDANCE WITH
CA THE COMPREHENSIVE WATER STUDY
CA
EXHIBIT SHOWING
WATERLINE COST PARTICIPATION
WITH EDU-CARE, INC.
MHH"(7/12/85)
File: 113-4
PRINCESS
HoFHF-IME:R. NUSeAUm, MCPHAUL & E3RENNE:R
1010 PL@ZA ONE
A@ 1.
POST OFFICE BOX 3508
NORFOLK, VIRGINIA 23SI4
IA.1.1 1. A.U.I.
...R. ..R ...
IAI..IAI.
IR.
IR.
-IIL... A. .1., @R.
.A.1 June 27, 1985
R....R. .1 ..... IE'@
.A@l. A. @R-.
Mr. Morris H. Hayes
Civil Engineer
City of Virginia Beach
Department of Public Utilities
Municipal Center
Virginia Beach, Virginia 23456-9002
Re: Edu-Care, London Bridge Road
Dear Hank:
Enclosed, in response to your letter of June 17 to Paul
Muscarella, is the Cost Participation Agreement between WAFAT
Properties and the City of Virginia Beach. The Agreement re-
flects the $3,900.00 figure and the addendum to paragraph 5
that we discussed several weeks ago.
Please let me know if you have any questions about the
enclosed document. Once again, thank you for your assistance
in this matter.
Very @ruly-yours,
'R monstein
RGD:ccl
Encl.
cc: Mr. Frank Nelson
EXHIBIT A
ALL THAT certain tract, piece, parcel of land, with
the buildings and improvements thereon and the appur-
tenances thereunto belonging, located, situate, lying
and being in the Princess Anne Borough, City of Virginia
Beach, Virginia, and being known, numbered and designated
as Parcel C, 3.773 acres, as shown on that certain survey
entitled "Plat Showing PARCEL C, COMMERCIAL AREA AT LAKE
PLACID FOR E.S.G. ENTERPRISES, INC., PRINCESS ANNE BOROUGH,
VIRGINIA BEACH, VIRGINIA," dated January, 1985, made by
John E. Sirine and Associates, Ltd., Surveyors-Engineers-
Planners, Virginia Beach, Virginia, which plat is recorded
in the Clerk's Office of the Circuit Court of the City of
Virginia BeaCh, Virginia, in Dee'd Book 2390, at page 1370,
less and except the portioll thereof which was conyeyed to
the City of 4irginia Beach for street, highway and bike
path purposes, by deed dated March 7, 1985, and recorded in
the Clerk's Office aforesaid in Deed Book 2405, at page 1406,
- 27 -
Item 11-K.6
CONSENT AGENDA IT12.1 # 23977
UpoD motion by Councilwoman Creech, seconded by Councilmaii Louis Jones, CitY
Couticil ADOPTED an Ordinance authorizing the ACQUISITION OF PROPERTY in fee
simple for rights-of-way for ALBERTRA'S DRIVE/CONGRESS STREET water and
sewer improvements C.I.P.'s 5-988 and 6-953 and the acquisition of temporary
and permaneiit easements of rights-of-way either by agreement or by condemnatioii.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanali, J. HeTiry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf
Council Members Voting Nay:
Noiie
Council Members Abseiit:
None
August 5, 1985
- 27a -
Requested by Public Works
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHTS-OF-WAY
FOR ALBERTHA'S DRIVE/CONGRESS STREET WATER
AND SEWER IMPROVEMENTS C.I.P.'S 5-988 &
6-953 AND THE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS OF RIGHTS-OF-WAY EITHER
BY AGREEMENT OR BY CONDEMNATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH:
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, a public necessity exists for the expansion of
this important project and for public purposes for the
preservation of the safety, health, peace, good order, comfort,
convenience, morals and for the welfare of the people in the City
of Virginia Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation, pursuant to
S 15.1-236 et seq. and S 25-46.1 et seq., Code of Virginia of
1950, as amended, all that certain real property, in fee simple,
including temporary and permanent easements as shown on that
certain plat entitled: 'PROPOSED CONSTRUCTION OF ALBERTHAS
DRIVE/CONGRESS STREET WATER AND SEWER IMPROVEMENTS C.I.P.Is 5-988
& 6-953, ROUSE-SIRINE ASSOCIATES, LTD. Surveyors and Engineers
Virginia Beach, Virginia," these plans being on file in the
Department of Public Works, Municipal Center, City of Virginia
Beach, Virginia.
Section 2. The City Attorney is hereby authorized to
make, or cause to be made, on behalf of the City of Virginia
Beach, a reasonable offer to owners or persons having an interest
in said lands, if refused, the City Attorney is hereby authorized
to institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 5 Atigu,,t 85
--day of 19-.
Ap F
JAR/re
6/5/85
(9)
APPIZ@
August 5,
- 27b
ALBERTHAS DRIVE
AND
CONGRESS STREET
s Gran
Land
GfluMAN
[AM cl
WA PL
:Is L CT
WATER AND SEWER
IMPROVEMENTS
C.i.P.'S 5-988 & 6-953
August 51 1985
- 28 -
Item II-K.7
CONSENT A(;ENDA ITEi4 # 23978
Upoii motion by Councilwomaii Creech, seconded by Councilman Louis Joiies, CitY
Couiicil ADOPTED aii Ordiiiance, on SECOND READING, to appropriate $727,415 to
the General Fuiid for FY 1984 LEASE/PURCHASE ASSEIS delivered in FY 1985 AND
to iiicrease reveiiues by the same amouiit.
Votiiig: 11-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, R. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClailaii, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Counci.1 Members Votiiig Nay:
None
Council Members Absent:
Noiie
August 5, 1985
28a,
AN ORDINANCE TO APPROPRIATE @727,415
TO THE GENERAL FUND FOR FY 1984 LEASE/PURCHASE
ASSETS DELIVERED IN FY 1985 AND TO
INCREASE REVENUES BY THE SAME AMOUNT
WHEREAS, the FY 1983-84 operating Budget included assets to be
financed through lease/purchase agreements, and
WHEREAS, due to delays, certain assets ordered in FY 1984 totaling
$727,415 were not delivered until FY 1985, and
WHEREAS, to conform with generally accepted accounting principles,
there is now a need to appropriate the full costs of the lease/purchases in the
respective budget units, and
WHEREAS, the appropriations will be offset by an increase of $727,415
in revenues as a result of proceeds from the lease/purchase agreements.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $727,415 are hereby appropriated to
the General Fund as shown below to cover the cost of FY 1984 lease/purchases
delivered in FY 1985.
Budget Unit Department Total Cost
04031 -Research Finance $ 31,454
04033 -Accounting Finance 20,141
05001 -Director Personnel 19,266
10312 -Refuse Collection Public Works 99,145
10312 -Refuse Collection Public Works 248,955
13010 -Management and Support Planning 32,685
15217 -Pavilion Economic Development 40,158
16032 -Crounds Maintenance General Services 43,910
19010 -Prevention Fire 39,128
19020 -Suppression Fire 152,573
$ 7 2 7 41 5
BE IT FURTHER ORDAINED, that the appropriations be offset by an
increase of $727,415 in estimated revenues in the General Fund.
This ordinance shall be effective from the date of its adoption.
5
Adopted by the Council of the City of Virginia Beacb on the
day of August I 19 85.
FIRST READING: July 8, 1985
SECOND READING: August 5, 1985
- 29 -
Item II-K.8
CONSENT AGENDA ITEM # 23979
Upoii motion by Councilwoman Creech, seconded by Councilman Louis Jones, City
Council ADOPTED aii Ordinance, on SECOND READING, to accept and appropriate a
$29,655 GRANT for funding a SAFETY KIDS PROGRAM.
Vatiiig: 11-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Joiies, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberadorf
Couiicil Members Voting Nay:
Noiie
Council Members Absent:
None
August 5, 1985
29a
AN ORDINANCE TO ACCEPT A $29,655
GRANT FOR FUNDING A SAFETY KIDS PROGRAM
AND TO APPROPRIATE THOSE FUNDS
WHEREAS, the City of Virginia Beach is concerned with preventing
children from becoming victims of sexual abuse, and
WHEREAS, the Virginia Family Violence Prevention Program has
awarded the City a grant totalling $29,655 to fund such a prevention program
designed to meet the needs of children ages 0 to 5.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that a grant totalling $29,655 be accepted and appropriated for
the purpose of funding a Safety Kids Program, and
BE IT ORDAINED, that one employee position be created, to exist
during the grant period, to be paid from the grant funds.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 5 day of Ai@gi,,t 1985.
FIRST READING: July S. 1985
SECOND PEADING: August 5, 1985
August 5, 1985
- 30 -
Item II-K.9
CONSENT AGENDA ITEM # 23980
Upoti motion by Councilwomaii Creech, seconded by Councilmaii Louis Jones, City
Couiicil ADOPTED aii Ordinance, on SECOND READING, to amend Section 5 of the
Ordiiiaiice making appropriatioiis for the fiscal year beginiling July 1, 1985
aiid ending June 30, 1986 by adding a new paragraph r,elating to a retention
of a perceiitage of the budget for CITY AND SCHOOL DEBT SERVICE.
Votiiig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Hetiry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Votilig Nay:
None
Council Members Absent:
None
August 5, 1985
30a
z
0
o Z
:E @O
z
12 )p <
0 AN ORDINANCE TO AMEND SECTION 5
De
CL OF THE ORDINANCE MAKING APPROPRIATIONS
CL
FOR THE FISCAL YEAR BEGINNING
JULY 1, 1985 AND ENDING JUNE 30, 1986
BY ADDING A NEW PARARRAPH RELATING TO A
RETENTION OF A PERCENTAGE OF THE BUDGET
FOR CITY AND SCHOOL DEBT SERVICE
Section 5. All balances of the appropriations payable out of each fund of
the City Treasury unencumbered at the close of business for the fiscal year
ending on the thirtieth (30th) day of June, 1985, except, as otherwise provided
for, are hereby declared to be lapsed into the surplus of the respective funds,
except School Operating Fund which shall lapse into the General Fund Surplus, and
may be used for the payment of the appropriations which may be made in the
appropriation ordinance for the fiscal year beginning July 1. 1985.
However, there shall be retained in the General Fund Surplus an undesignated
amount not less than the range of seventy-five (75) to one hundred (100) ercent
of the budget -for city and school debt service payments for the fiscal year
beginning July 1. 1985. The undesignated General Fund Surplus is to be used for
contingencies and emerrency situations and no roved
in the ordinance for the fiscal year beginning July 1, 1985, except upon sub-
sequent authorization by City Council.
First Reading: July 8, 1985
Second Reading: A@g,,t 5, 1985
Adopted by the Council of the City of Virginia Beacil, Virginia, on the 5
day of August 1985.
August 5, 1985
L-1-ORD13
- 31 -
Item 11-K.10
CONSENT AGENDA
ITEM # 23981
Upon motion by Councilwomaii Creech, secotided by Couilcilman Louis Jones, City
Couiicil ADOPTED aii Ordiiiance AS AMENDED, oii SECOND READING, to appropriate
$23,681,088 to various Capital Project Funds to amend the CAPITAL IMPROVEMENT
PROGRAM for the fiscal years 1984-85 atid 1985-86.
Voting: 11-0
Couiicil Members Votitig Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R.
Jones, Robert G. Joties, Vice Mayor Reba S. McClanan, J. Heilry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf
Council Members Voting Nay;
Nolie
Couiicil Members Absent:
Notie
August 5, 1985
- 31. -
AS AMENDED
AN ORDINANCE TO APPROPRIATE $23,681,088
TO VARIOUS CAPITAL PROJECT FUNDS TO
AMEND THE CAPITAL IMPROVEMENT PROGRAM
FOR THE FISCAL YEARS 1984-85 AND 1985-86
WHEREAS, on December 17, 1984, Council adopted a resolution
approving the Capital Improvement Program for fiscal years 1984-85 through
1988-89, and
WHEREAS, Council deems it necessary to amend the Capital
Improvement Program to rneet urgent capital project needs of the city, and
WHEREAS, the amendment of the Capital Improvement Program requires
the appropriation of $23,681,088 from General Fund Balance to the various
capital project funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that appropriations in the amount of $23,681,088 are hereby
transferred from General Fund Balance to the various capital projects funds
for the following purposes:
Purpose Amount
School Projects $ 1,354,765
Engineering and Highway Projects 20,431,183
Building Projects 400,000
Parks and Recreation Projects 1,495,140
Total $ 23 681 088
BE IT FURTHER ORDAINED that funds be appropriated and reallocated
as necessary in the various capital project funds in order to finance the
adopted revised Capital Improvement Program for fiscal years 1984-85 and
1985-86.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the Fifth day of August 1985.
FIRST READING July 8, 1985
SECOND READING August 5, 1985
KAR/13 ORD19
August 5, 1985
- 32 -
Item II-K.11
CONSENT AGENDA ITEM # 23982
Upoii motion by Councilwomaii Creech, seconded by Councilmaii Louis Jolies, City
Council ADOPTED an Ordinance to transfer $27,839 from the General Fund's
Reserve for contingencies to fund a HUMAN RESOURCE program study and to
award a cotitract for that purpose to ADMINISTRATIVE AND PROFESSIONAL SERVICES,
INC.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf
Council Members Voting Nay:
Noiie
Council Members Absent:
Noiie
August 5, 1985
- 32a -
AN ORDINANCE TO TRANSFER $27,839 FROM THE GENERAL
FUND'S RESERVE FOR CONTINGENCIES TO FUND A HUMAN
RESOURCE PROGRAM STUDY AND TO AWARD A CONTRACT FOR
THAT PURPOSE TO ADMINISTRATIVE AND PROFESSIONAL
SERVICES, INCORPOPATED
WHEREAS, the Council of the City of Virginia Beach is interested in
determining the priorities of needs for human service programs within the City,
and
WHEREAS, the City Council desires to develop a strategic plan to
include a needs assessment resource inventory, social indicators, a review of
public participation processes, program coordination, and resource allocation
processes
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that appropriations totalling $27,839 be transferred from the
General Fund's Reserve for Contingencies - Regular to fund a human resource
program study, and
BE IT ALSO ORDAINED that a contract be awarded to Administrative
and Professional Services, Incorporated to develop a strategic plan, a human
services management system, and a facilities plan for the Departments of
Libraries and Parks and Recreation.
This ordinance will be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the 5
day of August 19 85
August 5, 1985
CAC/I ORD3-1
- 33 -
Item 11-K.12
CONSENT AGENDA ITEM # 23983
Upoti motion by Councilwomail Creech, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance to TRANSFER appropriations between CAPITAL PROJECTS
to close-out COMPLETED CAPITAL PROJECTS for FISCAL YEAR 1984-85.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 5, 1985
- 33a -
AN ORDINANCE TO TRANSFER APPROPRIATIONS
BETWEEN CAPITAL PROJECTS TO CLOSE-OUT
COMPLETED CAPITAL PROJECTS
FOR FISCAL YEAR 1984-85
WHEREAS, various capital projects have been completed and it is
necessary to close-out the financial records of these projects for FY
1984-85, and
WHEREAS, some completed projects have excess and some insuf-
ficient appropriations, and
WHEREAS, the close-out requires appropriations and expenditures
be equal for each completed project,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that appropriations be transferred between capital projects as
enumerated below to allow the close-out of completed capital projects.
Project Class/Project Amount
School Projects
Transfer To:
*1-904 Cox High School + 543,378
1-908 Linkhorn Park Elementary
Modernizations + 2,732
*1-915 Brandon and Princess Anne
Junior High Tennis Courts + 65,000
1-919 Bayside Elementary Renovation + 2,880
Transfer From:
1-907 Kempsville Meadows Elementary
Lighting - 15,225
1-912 Thoroughgood Elementary
Renovations - 27,847
1-916 Centerville Elementary School - 388,222
1-920 Courthouse Elementary
Renovation - 51,246
1-922 Day Elementary Roofing - 26,191
1-923 Luxford Elementary Roofing - 105,259
Net Transfer -0-
Highway Projects
Transfer To:
*2-306 General Booth Boulevard + 192,288
*2-936 Ferrell Parkway-Phase IB + 331,363
2-939 Dozier's Bridge + 321
2-996 Back Bay Watershed Plan + 4,914
-1- August 5, 1985
CAC/I ORDI-1
- 33b -
Highway Projects
Transfer From:
2-016 Westerfield Road - 26,372
2-510 Page Avenue Drainage - 9,875
2-805 Kempsville Road - Phase I - 1,416
2-832 Wesleyan Drive - 38,359
2-953 Beggars Road Bridge - 27,336
2-954 Ferrell Parkway - Phase I - 331,364
2-966 Inlynnview Road - 22,536
2-970 Lynnhaven Inlet Dredging - 12,457
2-972 Kings Point Ditch - 51,960
2-993 Lamplight Manor Ditch
Enclosure - 7,211
Net Transfer -0-
Building Projects
Transfer To:
3-802 Third Police Precinct
Alteration + 1,668
*3-808 Animal Control Building
Addition + 9,314
Transfer From:
3-937 Animal Control Cremator - 8,784
3-951 Farmers' Market - Parking Lot - 1,755
3-952 Virginia Beach Dome -
Renovation - 443
Net Transfer -0-
Parks and Recreation
Transfer To:
*4-802 Woodstock Park + 4,830
4-909 Senior Center - Pungo + 500
4-915 Lynnhaven Park Racquetball
Court Addition + 14,539
Transfer From:
4-606 Bow Creek Community Center
Renovation - 15,174
4-702 Brigadoon Park - 714
4-916 Lynnhaven Park - Softball
Field Light - 356
4-921 Garden Park - Incinerator
Site - 3,625
Net Transfer -0-
Water Project
Transfer To:
*5-304 Small Line Improvements + 178,690
5-623 Columbus Street Pungo
Station Number 2 + 198
5-934 Independence Boulevard -
Timberlake + 5,254
August 5, 1985
-2-
CAC/I ORDI-2
- 33c -
Transfer From
5-932 Kempsville Road Main -
Phase II - 2,488
5-937 Princess Anne Road
Phase II - 8,798
5-959 Emergency Production Wells -
Suffolk - 73,253
5-960 Emergency Production Wells -
Isle of Wight - 28,476
5-961 Emergency Production Wells -
Southampton - 4,619
5-969 Duke of Windsor Road Main - 66,508
Net Transfer -0-
Sewer Pro
Transfer To:
*6-316 Various Sewer Projects + 8,299
6-829 Avalon Terrace + 11,351
Transfer From:
6-832 Doncasater Sewer Line
Extension 14,266
6-905 First Colonial Road 2,134
6-919 Rudee Heights 31250
Net Transfer -0-
*Active projects
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
5 day of August 1 19 85
August 5, 1985
-3-
CAC/1 ORDl-3
- 34 -
Item II-K.13
CONSENT AGENDA ITEM # 23984
Upoii motion by Councilwoman Creech, seconded by Couilcilmaii Louis Joues, City
Council ADOPTED an Ordinaiice to traiisfer $227,616 from the S.P.O.T Bureau
to the POLICE CHIEF's STAFF BUREATJ due to reograiiizatioil of the Police De-
partment.
Votilig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Coulicil Members Voting Nay:
Noiie
Couiicil Members Absent:
None
August 5, 1985
34a -
AN ORDINANCE TO TRANSFER $227,616
FROM THE S.P.O.T. BUREAU TO THE
POLICE CHIEF'S STAFF BUREAU
DUE TO REORGANIZATION OF
THE POLICE DEPARTMENT
WHEREAS, the Police Department has determined that greater effi-
ciency within the Department will be realized by a reorganization, and
WHEREAS, this reorganization has resulted in the Crime Prevention
Unit begin transferred from the S.P.O.T. Bureau to the Police Chief's Staff
Bureau, and
WHEREAS, this transfer has created the need to reallocate
appropriations with:
in the Police Department's fiscal year 1985-1986 approved
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that $227,616 in appropriations be transferred from the
S.P.O.T. Budget Unit to the Police Chief's Staff Budget Unit.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 5 day of August 1985.
APPP OVE') AS -rO CONTEN"
AugusL 5, 1985
- 35 -
Item II-K.14
CONSENT AGENDA ITFi4 # 23985
Upoii motion by Couiicilwoman Creech, seconded by Councilmaii Louis Jones, City
Couiicil ADOPTED aii Ordinance to transfer $289,266 of Capital Project Funds
to establish water and sewer projects for KEMPSVLLLE/BELLAMY PLANTATIONS for
COST PARTICIPATION agreements with M.S.G.P. INC and INVESTORS SERVICE
CORPORATION.
Votiiig: 11-0
Counci.1 Members Votiug Aye:
John A. Baum, Naucy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenilings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Heliry
McCoy, Jr., D.D.S., aiid Meyera E. Oberiidorf
Council Members Votiiig Nay:
None
Council Members Abseiit:
Noiie
August 5, 1985
- 35a -
AN ORDINANCE TO TRANSFER $289,266 OF
CAPITAL PROJECT FUNDS TO ESTABLISH
WATER AND SEWER PROJECTS FOR KEMPSVILLE/
BELLAMY PLANTATIONS FOR COST
PARTICIPATIONS AGREEMENTS WITH
M.S.G.P. INC. AND INVESTORS SERVICE CORPORATION
WHEREAS, M.S.G.P. INC. and Investors Service Corporation are
desirous of developing adjacent land located in the Kempsville Plantation and
Bellamy Plantation Subdivisions in the Kempsville Borough in accordance with
the terms and conditions of the city ordinances, and
WHEREAS, the city desires to enter into cost participation
agreements requesting the developers to engage in construction greater in scope
than is necessary for the projects in order to provide water and sewer services
to customers outside the project limits, and
WHEREAS, the city's share of costs is estirnated at $83,169.08 for
water and $206,097.00 for sewer improvements with such costs to be charged to
new capital projects and with funds to be transferred from projects #5-306
Water Distribution-75% Type and 6-316 Various Sewer Projects, and
WHEREAS, such construction at this time will provide for future
needs and prevent the city from having to incur additional operating and
maintenance costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that projects #5-993 Kempsville/Bellamy Plantation Water and
6-956 Kempsville/Bellamy Plantation Sewer are hereby established as capital
projects and that funds in the 1980 Wator and Sewer Referendum Fund are trans-
ferred as shown below to cover the city's share of the cost participation
agreements.
Transfer To: Amount
5-993 - Kempsville/Bellamy Plantation Water $ 83,169
6-956 - Kempsville/Bellamy Plantation Sewer 206,097
Total $ 289@266
Transfer From:
5-306 - Water Distribution-75% Type $ 83,169
6-316 - Various Sewer Projects 206,097
$ 289,266
- 35b -
BE IT FURTHER ORDAINED that the City Manager is hereby authorized
and directed to execute the cost participation agreement with M.S.G.P. Inc. and
Investors Service Corporation for construction of water and sewer facilities.
Said agreements are hereby approved and attached as Exhibit "A."
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
5 day of August 19 85
APPROVED AS TO CONTENT
DEPARTMENT
August 5, 1985
1011/8" w
PaFks @im TO @-11
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.0
AX OR
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CY
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CT
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CT
Rio[ CT
IRNSIOL CT
ATHROW OR
v CIR OF TION
W=
Jslq: mc EXHIBIT SHOWING OFF-SITE BENEFIT
6/17/85 AREA FOR BELLAMY PLANTATION WATER
(E 12 - 7) SYSTEM OVERSIZING
2 CAYEA
3 GINGIN PJE
OF'FSITE AREAS
BY PIA
FLW STATICN
16" F.M.
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SSINGTON CT
SBAY CT
BRIDGE ET
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RNFIELD Cy
ILWORTH Cl
WBRIDI CT
IRNSfOl Cl
ATHROW OR
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INGMAM CT
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JSW: mc EXHIBIT SHOWING OFF-SITE BENEFIT
6/17/85 AREA TO BE SERVED BY BELLAMY
(E 12 - 7) PLANTATION PUMP STATION
COST BENEFIT ANALYSIS
BELLAMY PLANTATION TIATER AND SEWER COST PARTICIPATION AGREEMEMS
%4ater
City's cost per agreement $83,169.08
City's cost savings
Assumptions
1. 2252' of parallel 10" water line installed in Recreation Dr. to provide
ultimte service
Current cost $35/foot
Installation Cost Increase 5% per year
Time Value of Nioney 10% per year
Installation 2 years from present
2. Niaintenance of pipe for 28 years
(2 years from now for 28 years; total of 30 years)
Annual Maintenance Cost currently $413/1000' of pipe
Niaintenance Cost Increase 5% per year
Time Value of Money 10% per year
Installation Cost
PV = ($35/ft.)(2252 ft.)(1.05)2(1.10)-2
= $71,817.40
Niaintenance Cost
PV = (1.10)-2 1 ($413/1000')' n (2252 ft.)
where n 28 years
i = 1.10 1 = 4.76%
T.T5
(1+i)28-1 = 15.29 when i = 4.76%
i(l+i),&?J
PV = $11,753.91
Total PV of installation and maintenance costs
$71,817.40 + $11,753.91 = $83,571.31
Net saving to city (water) $402.23
JSIV: mc
COST BENEFIT ANALYSIS
BELLAW PLANRATION WATER AND SEIIER COST PARTICIPATION AGREE@ENRS
Sewer
City cost per agreement $206,097
Assumptions
1. Maintenance of 2 additional pump stations and 4000' of force main for
a 30-year period
Annual maintenance cost currently $357/1000' pipe
Annual maintenance cost currently $7447/pwnp station
Niaintenance cost increase 5% per year
Time value of money 10% per year
2. Revenue from pro rata pump station fees will be realized in two years
Niaintenance cost savings will begin in two years.
City revenue and cost saving
Revenue from pro rata pump station fees
Salem Iloods 99 d.u.'s
Coventry 265 d.u.'s
A. L. Jackson property 99 d.u.'s
463 d.u.'s
463 d.u.'s x $161/d.u. $74,543
PV = (1.10)-' ($74,543) $61,605.79
Cost saving
Niaintenance cost
PV (Pwnp Stations) = (1.10)-'(2)($7447)(15.29)
PV = $188.224.06
PV (Force mains) = (1.10)-2 (4000-)($357/1000,)(15.29)
PV = $18,044.73
Total PV of maintenance cost savings = $206,268.79
Total PV of maintenance costs savings and fee revenues
$206,268.79 + $61,605.79 $267,874.58
iiet saving to city (sewer) $61,777.58
4@
Jslq:lnc
(E "-7-7)
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this 17th day of May
19 85 by and between M.S.G.P., Inc.
hereinafter referred to as *Owner", and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the 'City'.
WHEREAS, Owner is seized in fee simple of 20.7+ acres con-
sisting of 66 lots on Recreation Drive known as Kempsville
Plantation, hereinafter referred to as the 'Project'
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this
Project, it is necessary for owner to construct certain sewer
facilities; and
WHEREAS, the City has requested that such construction be
greater in scope than is necessary to provide this Project; and
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits;
NOW, THEREFORE, in consideration of the mutal promises
and benefits accruing hereto, the parties agree that;
1. Owner shall construct i sewer system (hereinafter the
'System') according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The city shall make total cash payment to Owner in the
amount of $68,013.00 after successful completion of the System
and acceptance thereof by the City in accordance with the
approved plans.
3. The City shall have the right at any time to make,
connect, or permit the connection of any other sewer facility to
the System. Any such connection may be at any point, and the
City shall have the right at any time to use the System to serve
persons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System,
including but not limited to sewer connections, sewer mains, and
all other facilities, shall be deemed dedicated to the City of
Virginia Beach as of the date of the City's written acceptance
thereof.
5. owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
System. In the event any claim is made against the City, either
independently or jointly with Owner, lessee, or purchaser on
account hereof, the owner at its sole cost shall defend the City
against such claim.
6. This kgreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors and assigns.
7. Upon execution of this Agreement, it snaii De LECULUCU
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, at the City's expense.
IN WITNESS WHEREOF, the parties hereto have executed and
sealed this agreement as of the day first above written.
APPROVED ALS TO CONTENTS CITY OF VIRGINIA BEACH, VIRGINIA
6z-e Z/-//- @ i7-s@
:pl- AGNATURE
DC-PARTMENT By
APPROVED AS TO FORM City Manager
@ATURE
CITY ATTORNEY DATE
ATTEST:
(Seal)
City Clerk
t
DATE May 17, 1985
ATTEST:
(Seal)
Secretary
Department of Public Utilities
APPROVED AS TO FORM:
City Attorney
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
STATE OF Virginia
CITY OF Virginia Beach
I, Dolores F. Marquette. a Notary Public in and
for the City and State aforesaid, do hereby certify that
John H. Peterson, Jr. and Curtis A. Meslang
President and Secretary, respectively, of M.S.G.P., Inc.
whose names are signed to the writing above, bearing date of
May 17, 1985 have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this 17tb day of May 1965
my com@',;,@@ISIOIN
My Commission EXpires !XpipEs AUG. 16 1987
Notary Publi@
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
and Ruth Hodges Smith, the
City Clerk, respectively, of the City of Virginia Beach, @his
day of 1985.
Notary Public
my Commission EXpires:
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this 17th day of May
19 85 by and between M.S.G.P., Inc.
hereinafter referred to as 'Owner', and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the 'City'.
WHEREAS, Owner is seized in fee simple of 20.7+ acres con-
sisting of 66 lots on Recreation Drive known as Kempsville
Plantation, hereinafter referred to as the 'Project" and
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide water service to this
Project, it is necessary for Owner to construct certain sewer
facilities; and
WHEREAS, the City has requested that such construction be
greater in scope than is necessary to provide this Project; and
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits;
NOW, THEREFORE, in consideration of the mutal promises
and benefits accruing hereto, the parties agree that;
1. Owner shall construct a water system (hereinafter the
'System') according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The city shall make total cash payment to owner in the
amount of t 35.132.31 after successful completion of the System
and acceptance thereof by the City in accordance with the
approved plans.
3. The City shall have the right at any time to make,'
connect, or permit the connection of any other water facility to
the System. Any such connection may be at any point, and the
City shall have the right at any time to use the System to serve
persons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System,
including but not limited to water connections, water mains,
valves, fittings, and all other facilities, shall be deemed
dedicated to the City of Virginia Beach as of the date of the
City's written acceptance thereof.
5. owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
System. In the event any claim is made against the City, either
independently or jointly with owner, lessee, or purchaser on
account hereof, the owner at its sole cost shall defend the City
against such claim.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's office of the Circuit Court of the
City of virginia Beach, Virginia, at the City's expense.
IN WITNESS WHEREOF, the parties hereto have executed and
sealed this agreement as of the day first above written.
APPROVED AS TO CONTENTS
Z/-x CITY OF VIRGINIA BEACH, VIRGINIA
ATURE
L u@ (..h,e 5
DEPARTMENT
By
APPROVED AS TO FORM
city Manager
SIGNA'ruRE
C3TY AITORNEY
DATE
ATTEST:
(Seal)
City Clerk
DATE May 17, 1985
ATTE@T:
(seal)
Secretary
APPROVED AS TO CONTENTS:
Department of Public Utilities
APPROVED AS TO FORM:
City Attorney
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
STATE OF Virginia
CITY OF Virginia Beach
I, Dolar@s F. @auette a Notary Public in and
for the City and State aforesaid, do hereby certify that
John U. Peterson, Jr. and Curtis A. Meslang
President and Secretary, respectively, of M.S.C.P., Inc.
whose names are signed to the writing above, bearing date of
May 17, 1985 have ackno-wledged the same before me in my
City and State aforesaid.
Given under my hand this 17th day of May 1985
My Commission Expires My COMMISSION
tAPIKES AUCI. 16, IY87
Notary Put
ur ViAl.INIR
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
and Ruth Hodges Smith, the
City Clerk, respectively, of the City of Virginia Beach, Chis
day of 1985.
Notary Public
My Commission EXpires:
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this day of
19@ by and between Investors Service Corporation
hereinafter referred to as 'Owner', and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the 'City-.
WHEREAS, Owner is seized in fee Simple of 45.5+ acres con-
sisting of 134 lots located on Recreation Drive known as Bellamy
Plantation, Phase I hereinafter referred to a the "Proiect" and
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this
Project, it is necessary for Owner to construct certain sewer
facilities; and
WHEREAS, the City has requested that such construction be
greater in scope than is necessary to provide this Project; and
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits;
NOW, THEREFORE, in consideration of the mutal promises
and benefits accruing hereto, the parties agree that;
1. owner shall construct a sewer system (hereinafter the
'System') according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The city shall make total cash payment to Owner in the
amount of $ 138,084.00 after successful completion of the System
and acceptance thereof by the City in accordance with tbe
approved plans.
3. The City shall have the right at any time to make,
connect, or permit the connection of any other sewer facility to
the System. Any such connection may be at any point, and the
City shall have the right at any time to use the System to serve
persons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System,
including but not limited to sewer connections, sewer mains, and
all other facilities, shall be deemed dedicated to the City of
Virginia Beach as of the date of the City's written acceptance
thereof.
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
System. In the event any claim is made against the City, either
independently or jointly with owner, lessee, or purchaser on
account hereof, the owner at its sole cost shall defend the City
against such claim.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of virginia Beach, Virginia, at the City's expense.
IN WITNESS WHEREOF, the parties hereto have executed and
sealed this agreement as of the day first above written.
MROVED AS TO CONTENTS
CITY OF VIRGINIA BEACH, VIRGINIA
@ATURE
DEPARTMENT
By
APPROVED AS TO FORM
City Manager
S*NATURE
CITY ATTORNEY
DATE
ATTEST:
(seal)
City Clerk
,,44-ma4 4~e-er
BY
President
DATE
ATTEST:
(Seal)
Secretary
APPROVED AS TO CONTENTS:
Department of Public Utilities
APPROVED AS TO FORM:
City Attorney
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
STATE OF
eiTy -bF
I, a Notary Public in and
for the City and State aforesaid, do hereby certify that
and
President and Secretary, respectively, of
whose names are signed to the writing above, bearing date of
have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this day of 1985@
Z7
My Commission Expires /9 E 7
0
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
and Ruth Hodges Smith, the
City Clerk, respectively, of the City of Virginia Beach, fhis
day of 1985.
Notary Public
My Commission Expires:
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this 20 day of
19 S by and between Investors Service Corporation
hereinafter referred to as 'Owner', and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the 'City'.
WHEREAS, Owner is seized in fee simple of 45.5+ acres con-
sisting of 134 lots located on Recreation Drive known as Bellamy
Plantation, Phase I hereinafter referred to as the 'Project' and
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for owner to provide water service to this
Project, it is necessary for Owner to construct certain sewer
facilities; and
WHEREAS, the City has requested that such construction be
greater in scope than is necessary to provide this Project; and
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits;
NOW, THEREFORE, in consideration of the mutal promises
and benefits accruing hereto, the parties agree that;
1. Owner shall construct a water system (hereinafter the
'System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The city shall make total cash payment to Owner in the
amount of $ 48,036.77 after successful completion of the System
and acceptance thereof by the City in accordance with the
approved plans.
3. The City shall have the right at any time to make,'
connect, or permit the connection of any other water facility to
the System. Any such connection may be at any point, and the
City shall have the right at any time to use the System to serve
persons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System,
including but not limited to water connections, water mains,
valves, fittings, and all other facilities, shall be deemed
dedicated to the City of Virginia Beach as of the date of the
City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
System. In the event any claim is made against the City, either
independently or jointly witti owner, lessee, or purchaser on
account hereof, the Owner at its sole cost shall defend the City
against such claim.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's office of the Circuit Court of the
City of Virginia Beach, Virginia, at the City's expense.
IN WITNESS WHEREOF, the parties hereto have executed and
sealed this agreement as of the day first above written.
APPROVED AS TO CON-TENTS
CITY OF VIRGINIA BEACH, VIRGINIA
SIGMTUK
DEPARTMENT
APPROVED AS TO Foitm By
City Manager
SIGNATURE
CITY ATTORNEY
DATE
ATTEST:
(Seal)
City Clerk
zovv"w.cts '36WICsr404tw@-no%J
By
President
DATE
ATTEST:
(Seal)
Secretary
- @ .1- I - -..- - -- - .. - -. . - - .
Department of Public Utilities
APPROVED AS TO FORM:
City Attorney
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
STATE OF
e@ la@
etTY OF
a Notary Public in and
for the City and State aforesaid, do hereby certify that
dez,@@ and 'A@WA C.@@ @- @-xi
ry, respectively, of 2, @-,,U@
President and Secreta lb@14,
whose names are signed to the writing above, bearing date of
Mat @g, have acknowledged the same before me in my
v
city and State aforesaid.
Given under my hand this day of 1985
My Commission Expires Pae@, @:s,
Notary Public
,'A.Lr, ur Vin@@LIIA
CITY OF VIRGINIA BEACH, tO-Wit:
The foregoing instrument was acknowledged before me
and RUth Hodges Smith, the
City Clerk, respectively, of the City of Virginia Beach, fhis
day of 1985.
Notary Public
my commission ExPires:
- 36 -
Item 11-K.15
CONSENT AGENDA ITF14 # 23986
Upon motioii by Couiicilwoman Creech, seconded by Counqilman Louis Jones, City
Council ADOPTED an Ordiiiaiice to authorize a temporary ENCROACIMNT into a
portion of the right-of-way GENERAL BOOTH BOULEVARD to F. WAYNE McLESKEY, JR.,
HIS liEIRS, ASSIGNS AND SUCCESSORS IN TITLE.
This Encroachment shall be subject to the following coiiditiolis:
1. The owiier agrees to remove the encroachment
when notified by the City, at no expense to the
City.
2. The owner agrees to keep alid hold the City free
and harmless of atly li.ability as a result of the
eiicroachment.
3. The owner agrees to maintain said eiicroachmetit
so as not to become uiisightly or a hazard.
4. This eiicroachment shall iiot be in effect until
an agreemeiit has been executed encompassilig
the above conditiois
Voting: 11-0
Couiicil Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R.
Joties, Robert G. Jones, Vice Mayor Reba S. MQClanan, J. Hetiry
McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf
Council Members Voting Nay:
None
Couiicil Members Absent:
None
August 5, 1985
- 36a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TSMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY GENERAL BOOTH BOULEVARD TO
F. WAYNE MCLESKEY, JR., HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, F. Wayne McLeskey, Jr., his heirs, assigns and
successors in title are authorized to construct and maintain a
temporary encroachment into the right-of-way of General Booth
Boulevard.
That the temporary encroachment herein authorized is
for the purpose of constructinq and maintaining a private 41
sewer force main to cross General Booth Boulevard and tie into
HRSD line on the west side of the boulevard and that said
encroachment shall be constructed and maintained in accordance
with the City of Virginia Beach Public Works Department's
specifications as to size, alignment and location, and further
that such temporary encroachment is more particularly described
as follows:
An area of encroachment into a portion
of the City's right-of-way known as
General Booth Boulevard, on the certain
Plan sheet which is on file in the
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to F. Wayne McLeskey, Jr., his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of General Booth BouleN,ard and that F. Wayne
August 5, 1985
- 36b -
McLeskey, his heirs, assigns and successors in title shall bear
all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that F. Wayne McLeskey, Jr., his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses includinq reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that F. Wayne McLeskey, Jr., executes
an agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the5-_ day of Ai,gii,t 1 9 85-
GLF/re
5/22/85
(29H)
APPROVED ,S
TO (:OnT.-.NT
-2-
August 5, 1985
6
CL -
ALI OL 6
GILKRT
D.1 4 P&44 t
$,ONE twom
SAN.
AIN
EXIST. RIW-J
@LT.
i5
DAM NECK @R"ES
09.1853 Po 5?2
IAS 126 Pa 43
.56 OL
M BARRICA
3 7
Item II-K.16
CONSENT AGENDA ITEM 23987
James Lawsoii, City Real Estate Department, advised this application was tiot
iiicreasing the existing ENCROACHMENT already there. it was simply a felice
replacement. The Existing Fences, which are a border arouiid the BOW GREEK
GOLF COURSE, encroach iiito City Property approximately 25 feet.
Upon motioii by Vice Mayor McClatiaii, secoiided by Couiicilman McCoy, City Couticil
ADOPTED aii Ordiiiance to authorize a temporary ENCROACHMENT iiito a portion of
City property known as BOW CREEK GOLF COURSE to ALBERT W. McCARTHY, his heirs,
assigns and successors in title.
The City Staff is to prepare a history oii fences eiicroachiiig into City property,
ati inveiitory aiid the property iilvolved.
This Eiicroachme@it shall be subject to the followilig coliditiolis:
1. The owner agrees to remove the encroachme@it
wheii tiotified by the City, at iio expeiise to the
City.
2. The owiier agrees to keep alid hold the City free
aiid harmless of aily liability as a result of the
eticroachmeiit.
3. The owner agrees to maiiitaiii said encroachmeiit
so as iiot to become uiisightly or a hazard.
4. This eiicroachmerit shall not be iii effect until
an agreemeiit has beeii executed encompassiiig
the above coiiditions
Voting: 11-0
Couticil Members Votiiig Aye:
Johii A. Baum, Nalicy A. Creech, Robert E. Feiitres,, Mayor Harold
Heischober, Barbara M. Heitley, H. Jack Jeniiiiigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanarl, J. Heliry
McCoy, Jr., D.D.S., aiid Meyera E. Obertidorf
Council Members Voting Nay:
Noiie
August 5, 1985
Council Members Absent:
None
- 37a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF CITY
PROPERTY KNOWN AS BOW CREEK GOLF
COURSE TO ALBERT W. McCARTHY, HIS
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Albert W. McCarthy, his heirs, assigns and successors in
title are authorized to construct and maintain a temporary
encroachment into City property known as Bow Creek Golf Course.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a 6 foot privacy
fence and that said encroachment shall be constructed and
maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion of
the City's property known as Bow Creek
Golf Course, on the certain plat
entitled: "PHYSICAL SURVEY OF LOT 4,
BLOCK 11, SUBDIVISION OF PRINCESS ANNE
PLAZA SECTION EIGHT AND BOW CREEK GOLF
COURSE VIRGINIA BEACH, VIRGINIA FOR
ROBERT W. McCARTHY & EVELYN D. McCARTHY
SCALE: 1"=30' AUGUST 7, 1984 REVISED
AUGUST 13, 1984 LEE S. ROOD, P.C. LAND
SURVEYOR NORFOLK, VIRGINIA," a copy of
which is on file in the Department of
Ptiblic Works and to which reference is
made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Albert W. McCarthy, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from City
August 5, 1985
- 37b -
property known as Bow Creek Golf Course and that Albert W.
McCarthy, his heirs, assigns and successors in title shall bear
all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Albert W. McCarthy, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Albert W. McCarthy executes an
agreement with the City of Virqinia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 5 day of 19 85.
GLF/re
6/11/85
(29G)
APPROVE@'
NATURE
L)EP IZTMENT
AS tt@rt
V, - I
CITY ATTOPNEY
-2-
August 5, 1985
THIS IS TO CERTIFY THAT 1 014 SURVEYED
THE PROPERTY SHOWN ON THIS PLAT ^NO THAT THE TITLE L AND THE WALLS Of THE
BUILDINGS ARE SHOWN ON THIS PLAT
THE BUILOINGS STAND STRICTLY WITHIN T,4t TITLIE LINES AND THERE ANI[ NO
ENCROACHMIENTS OF OTHER OUILDINGS ON TH4E PROPERTY CXCILPT AS SHOWT
SIGNED
ID 1-4
io
LEE Sk HOOD. r.c.
lvd4
,Oee.v 3r/.
- 38 -
Item ii-K.17
CONSNET AGENDA ITEM # 23988
Upon motioii by Councilwoman Creech, seconded by Couiicilman Louis Joiles, City
Council ADOPTED aii Ordinaiice appoiiiting VIEWERS iii the petitioii of RUSSELL
E. SIMPSON for the closure of a portion of KNOTTS ISLAND ROAD (Pungo Borough).
The Viewers are:
Robert J. Scott Director of Plaiiiiing
C. Oral Lambert, Jr. Director of Public Works
David M. Grochmal Director of General Services
Voting: 11-0
Couticil Members Votiiag Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClailail, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Votitig Nay:
Noiie
Council Meinbers Absent:
Noiie
August 5, 1985
38a
ORDINANCE APPOINTING VIEWERS
WHEREAS, Russell E. Simpson has given due and proper notice, in
accordance with the statutes for such cases made and provided that he will
on the day of 1985, apply to the City Council Of
the City of Virginia Beach, Virginia, for the appointment of Viewers to view
the below-described property and report in writing to the Council whether,
in the opinion of said Viewers, any, and if any, what inconvenience would
result from the discontinuance of the hereinafter described portion of that
certain road of variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott
and
David M. Grochmal are hereby
appointed to view the below described property and report in writing to the
Council, as soon as possible, whether in their opinion, any, and if any,
what inconvenience would result in the discontinuing and vacating of a
portion of that certain road of variable width located in the City of Vir-
ginia Beach, Virginia, and more particularly described as follows:
Beginning at a point at the Northeastern
end of the road to be closed where it joins
property of the Estate of Harry N. Themides
and from said point running thence along
the tastern side of the said road North 05'
27' 13" West 335.03 feet to a point; thence
continuing North 01* 12' 10" East 132-76
feet to a point; thence North 24* 31' 24"
KELLAM. West 135.67 feet to a point; thence North
PICKRELL
& LAWLER
-O..-S AT -.
NORFOLK.V&
T4454
August 5, 1 85
38b -
26* 30' 51" East 324.44 feet to a point;
thence North 24* 33' 45" East 165.82 feet
to a point; thence continuing the same
course 124.99 feet to a pipe; thence North
18* 16' 48" West 137.50 feet to a point,
being the road end; thence crossing the
road in a westward direction and commencing
at the end of the road and running thence
South 18* 16' 48" West 260.79 feet to a
point; thence South 24' 331 45" West 163.72
feet to a point; thence South 26* 30' 51"
West 324.45 feet to a point; thence South
24* 31' 24" East 142.39 feet to a point;
thence South 01* 12' 10" West 140.68 feet
to a point; thence South 05* 27' 13" West
330.31 feet to a point, being the part marked
"B" as shown in Map Book 64 at page 46; thence
turning and running South 81@ 10' West 22.57
feet to a pin; thence continuing the same
course 8.09 feet to the point of beginning,
being 0.936 acres, more or less.
A,ll the above as shown upon that certain plat entitled, "Road
Closure Plat (Knotts Island Road) Knotts Island - Pungo Borough - Virginia
Beach, Virginia", which plat is attached hereto and made a part hereof and
intended to be recorded with the Ordinance closing the aforedescribed street.
ADOPT D: August 5, 1985
LLAM.
PICKRELL
LAWLER
@s .@ @.
NORFOLK.VA.
T4454
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT
CERTAIN ROAD, KNOWN AS KNOTTS ISLAND ROAD, AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, "PLAT OF A PORTION OF KNOTTS ISLAND ROAD TO BE CLOSED"
AS SHOWN ON "ROAD CLOSURE PLAT (KNOTTS ISLAND ROAD), KNOTTS ISLAND,
PUNGO BOROUGH, VIRGINLA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Russell E. Simpson, respectfully represents as
follows:
1. That pursuant to the provisions of Section 15.1-364 of the
1950 Code of Virginia, as amended, the Petitioner applies for the vacating,
closing, and discontinuance of a portion of that certain road, which is more
specifically described as follows:
Beginning at a point at the Northeastern
end of the road to be closed where it joins
property of the Estate of Harry N. Themides
and from said point running thence along
the Eastern side of the said road North 05@
27' 13" West 335.03 feet to a point; thence
continuing North 01' 12' 10" East 132.76
feet to a point; thence North 24* 31' 24"
West 135.67 feet to a point; thence North
26* 30' 51" East 324.44 feet to a point;
thence North 24* 33' 45" East 165.82 feet
to a point; thence continuing the same
course 124.99 feet to a pipe; thence North
18@ 16' 48" West 137.50 feet to a point,
being the road end; thence crossing the
road in a westward direction and commencing
at the end of the road and running thence
S.uth 18' 16' 48" West 260.79 feet to a
point; thence South 24' 33' 45" West 163.72
feet to a point; thence South 26* 30' 51"
West 324.45 feet to a point; thence South
LLAM. 24* 31' 24" East 142.39 feet to a point;
PICKRELL thence South 01* 12' 10" West 140.68 feet
& LAWLER to a point; thence South 05' 27' 13" West
R@E@.
ORFOLK.V@
T4454
330.31 feet to a point, being the part marked
"B" as shown in Map Book 64 at page 46; thence
turning and running South 81' 10' West 22.57
feet to a pin; thence continuing the same
course 8.09 feet to the point of beginning,
being 0.936 acres, more or less.
Said parcel of land being a portion of Knotts Island Road, as indi-
cated on that certain plat entitled, "Road Closure Plat of A Portion Of
(Knotts Island Road) Knotts Island - Pungo Borough - Virginia Beacb, Vir-
ginia", which plat is attached hereto and made a part hereof and intended
to be recorded with the Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by reason of
said closing, vacation, and discontinuance of said street; and the Petition
prays that this Honorable Council appoint viewers as provided by law to view
said platted street proposed to be closed and to report in writing to the
Council on or before the - day of , 1985, as to
whether in the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of said street,
as herein reported and described.
3. That on the - day of 1985, and on the
day of , 1985, notice of the presenting of this
application was published in the Beacon, a newspaper of general circulation
in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and adjacent to
and affected by said portion of the platted street have been notified in
accordance with ordinance.
LLAM,
PICKRELL
& LAWLER
R.EIS AT -W
NORFOLK.V@
T4454
Respectfully submitted,
RUSSELL E. SIMPSON
By:
Ut L;o
-!Tsel
Edwin C. Kellam
Kellam, Pickrell & Lawler
1020 First American Bank Bldg.
Norfolk, Virginia 23510
LLAM.
PICKRELL
& LAWLER
R.@S .@ -@
ORFOLK. VA.
T4454 -3-
r
I E
NOUIIOI.KL VIRGINIA 2,3510-]7til
IIIE T4454
CERTIFICATE OF VESTING OF TITLE
I, Edwin C. Kellam, attorney for Russell E. Simpson, do hereby certify
that:
am an attorney at law and represent Russell E. Simpson, the
petitioner.
2. If the property described below is discontinued, closed and
vacated by the Council of the City of Virginia Beach, Virginia, then title
to said property will vest in Russell E. Simpson, he being the adjoining land
owner on each side of the road to be closed, the adjacent landowner; in the
Estate of Harry N. Themides adjoining this property on the south but not the
road to be closed, the holder of the underlying fee in said property, tbere
being no other adjacent property owner or holder of the underlying fee in
said property.
The said property referred to herein is hereby described as follows:
Beginning at a point at the Northeastern end of the
road to closed where it joins property of the Estate
of Harry N. Themides and from said point running
thence along the Eastern side of the said road North
05' 27' 13" West 335.03 feet to a point; thence con-
tinuing North 01* 12' 10" East 132.76 feet to a point;
RELLAM, PICHRELI, & @WI.Elt
thence North 24* 31' 24" West 135.67 feet to a point;
thence North 26* 30' 51" East 324.44 feet to a point;
thence North 24* 33' 45" East 165.82 feet to a point;
thence continuing the same course 124.99 feet to a
pipe; thence North 18' 161 48" West 137.50 feet to a
point, being the road end; thence crossing the road
in a westward direction and commencing at the end of
the road and running thence South 18* 16' 48" West 260.79
feet to a point; thence South 24* 33' 45" West 163.72
feet to a point; thence South 26* 30' 51" West 324.45
feet to a point; thence South 24* 31' 24" East 142.39
feet to a point; thence South 01@ 12' 10" West 140.68
feet to a point; thence South 05* 27' 13" West 330.21
feet to a point, being the part marked "B" as shown
in Map Book 64 at page 46; thence turning and running
South 81* 10' West 22.57 feet to a pin; thence con-
tinuing the same course 8.09 feet to the point of
beginning, being 0.936 acres, more or less.
Edwin C. kellam
Russell E. Simpson, Jr. closure of
a portion of Knotts Island Road -
Pungo Borough
- 39 -
Item 11-K.18
CONSENT AGENDA ITEM # 23989
Upon motioti by Councilwoman Creech, seconded by Couticilmati Loui.s Jones, City
Couiicil ADOPTED an Ordinance appoiiiting VIEWERS in the petition of COLLEEN B. LOWDER,
ET AL, for the closure of a portioii of SOUTHERN BOULEVARD (Lynnhaven Borough).
The Viewers are:
Robert J. Scott Director of Plaiining
C. Oral Lambert, Jr. Director of Public Works
David M. Grochmal Director of General Services
Voting; 11-0
Couiicil Members Voti.ng Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClalian, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Noiie
Coulicil Members Absent:
NOTie
August 5, 1985
39a
ORDINANCE APPOINTING VIEWERS
WHEREAS, Colleen B. & Clifford A. Lowder, James F. & Barbara J.
Brockett, Eugene D.H. & Julia R.B. Woolridge, William R., Jr. & Virginia A.
Jenkins, E. Lyle, III & Pamela Q. Trenchard, Tipton P. & Virginia A.F.
Sutton, Lee & Hazel B. Caldwell, George P. & Ruby 1. Doss, and Charles E.
& Margie A. Wiliman, have given due and proper notice, in accordance with
the statutes for such cases made and provided that they will on the 5th day
of August, 1985, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below-described
property and report in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what inconvenience would result from the
discontinuance of the hereinafter described portion of that certain street of
variable width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott
David M. Grochmal and
C. Oral Lambert, Jr.
are hereby appointed to view the below described property and report In
writing to the Council, as soon as possible, whether in their opinion, any, and
if any, what inconvenience would result in the discontinuing and vacating of
a portion of that certain street of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as follows:
August 5, 1985
39b -
Southern B6ulevard, beginning at a point on the east
side of Eureka Avenue at the rear of Lot 32 of
Eureka Park; thence south 84* - 00 minutes east a
distance of 770 feet; thence south 6* - 00 minutes
west a distance of 24 feet to the property line of
Norfolk and Southern Railroads; thence north 84*
- 00 minutes west along the property line of Norfolk
and Southern Railroad a distance of 770 feet; thence
north 61 - 00 minutes east to the point of
beginning.
IT BEING the same property designated as 24 foot
road on the plat of Eureka Park, dated August, 1951,
and recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, in Map Book
29, at page 72.
All the above as shown upon that certain plat entitled, "Eureka Park",
which plat is attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the aforedescribed street.
ADOPTtD: August 5, 1985
Augu t 5, 1985
WIN,STON G. SNIDER
ATTORNEN' AND COUNSELLOR Al LAX'
2620 SOUTHERN BOULEVARD. SUITE 102
VIRGINIA BEACH, VIRGINIA 23452
PAUL 1. BURLAGE TELEPHONE
(804) 463-5250
CERnFICATE OF VESTING OF TrrLE
1, Winston G. Snider, attorney for Colleen B. & Clifford A.
Lowder, James F. & Barbara J. Brockett, Fugene D.H. & Julia R.B.
Woolridge, Wiliiam R., Jr. & Virginia A. Jenkins, F- Lyle, Ill & Pamela
Q. Trenchard, Tipton P. & Virginia A.F. Sutton, Lee & Hazel B.
Caldwell, George P. & Ruby 1. Doss, and Charles E. & Margie A.
Wiliman, do hereby certify that:
1. That I am an attorney-at-law and represent:
Colleen B. & Clifford A. Lowder, James F. & Barbara J. Brockett,
Eugene D.H. & Julia R.B. Woolridge, Williani R., Jr. & Virginia A.
Jenkins, E. Lyle, III & Pamela Q. Trenchard, Tipton P. & Virginia A.F.
Sutton, Lee & Hazel B. Caldwell, George P. & Ruby 1. Doss, and
Charles E. & Margie A. Willman, the Petitioners.
2. If the property described below is discontinued, closed and
vacated by the Council of the City of Virginia Beach, Virginia, then
title to said property will vest in:
Colleen B. & Clifford A. Lowder, James F. & Barbara J. Brockett,
Eugene D.H. & Julia R.B. Woolridge, William R., Jr. & Virginia A.
Jenkins, E. Lyle, Ill & Pamela Q. Trenchard, Tipton P. & Virginia A.F.
Sutton, Lee & Hazel B. Caldwell, George P. & Ruby 1. Doss, and
Charles E. & Margie A. Wiliman, and Norfolk Southern Corporatton, the
adjacent land owners.
The said property referred to herein Is hereby described as follows:
Southern Boulevard, beginning at a point on the east
side of Eureka Avenue at the rear of Lot 32 of
Eureka Park; thence south 84* - 00 minutes east a
distance of 770 feet; thence south 6* - 00 minutes
west a distance of 24 feet to the property line of
Norfolk and Southern Railroads; thence north 84*
- 00 minutes west along the property line of Norfolk
and Southern Railroad a distance of 770 feet; thence
north 61 - 00 minutes east to the point of
beginning.
IT BEING the same property destgnated as 24 foot
road on the plat of Eureka Park, dated August, 1951,
and recorded In the Clerk's Office of the Circuit
Court of the City of Virginia Beach, in Map Book
29, at page 72.
Winston G. Snider'
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET, KNOWN AS SOUTHERN
BOULEVARD, AS SHOWN AND DESIGNATED AS 24 FOOT STREET ON
THAT CERTAIN PLAT ENTITLED EUREKA PARK, WHICH PLAT IS
ATTACHED HERETO.
PETMON
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
Your Petitioners, Colleen B. & Clifford A. Lowder, James F. &
Barbara J. Brockett, Eugene D.H. & Julia R.B. Woolridge, William R., Jr. &
Virginia A. Jenkins, E. Lyle, Ill & Pamela Q. Trenchard, Tipton P. & Virginia
A.F. Sutton, Lee & Hazel B. Caldwell, George P. & Ruby 1. Doss, and
Charles E. & Margie A. Willman, respectfully represent as follows:
1. That pursuant to the provisions of SS15.1-364 of the 1950 Code of
Virginia, as amended, the Petitioners apply for the vacating, closing, and
discontinuance of a portion of that certain street, which is more specifically
described as follows:
Southern Boulevard, beginning at a point on the east
side of Eureka Avenue at the rear of Lot 32 of
Eureka Park; thence south 84* - 00 minutes east a
distance of 770 feet; thence south 61 - 00 minutes
west a distance of 24 feet to the property line of
Norfolk and Southern Railroads; thence north 84*
- 00 minutes west along the property line of Norfolk
and Southern Railroad a distance of 770 feet; thence
north 61 - 00 minutes east to the point of beginning.
IT BEING the same property designated as 24 foot
road on the plat of Eureka Park, dated August, 1951,
and recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, in Map Book
29, at page 72.
Said parcel of land being a portion of Southern Boulevard, as indicated
on that certain plat entitled, "Eureka Park", which plat is attached hereto
and made a part hereof and intended to be recorded with the ordinance
closing the aforedescribed street.
2. That no inconvenience will result to any persons by reason of said
closing, vacation, and discontinuance of said street; and the Petitioners pray
that this Honorable Council appoint viewers as provided by law to view said
platted street proposed to be closed and to report in writing to the Council
on or before the - day of 1 1985, as to whether
in the optnion of the said Viewers, what inconvenience, if any, would result
from the discontinuance and closing of this portion of said street, as herein
reported and described.
3. That on the day of 1985 and on the
day of , 1985, notice of the presenting of this
application was published in the Beacon, a newspaper of general circulation
In the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and adjacent to and
affected by said portion of the platted street are the Petitioners herein,
Colleen B. & Clifford A. Lowder, James F. & Barbara J. Brockett, Eugene
D.H. & Julia R.B. Woolridge, William R., Jr. & Virginia A. Jenkins, E. Lyle,
Ill & Pamela Q. Trenchard, Tipton P. & Virginia A.F. Sutton, Lee & Hazel
B. Caldwell, George P. & Ruby 1. Doss, and Charles E. & Margie A. Willman
and Norfolk Southern Corporation, P. 0. Box 3609, Norfolk, Virginia 23514.
Respectfully submitted,
Colleen B. & Clifford A. Lowder,
James F. & Barbara J. Brockett,
Eugene D.H. & Julia R.B. Woolridge,
William R., Jr. & Virginia A. Jenkins,
E. Lyle, Ill & Pamela Q. Trenchard,
Tipton P. & Virginia A.F. Sutton,
Lee & Hazel B. Caldwell,
George P. & Ruby 1. Doss, and
Charles E. & Margie A. Willman
By
Of 96unsel
Winston G. Snider
2620 Southern Boulevard
Suite 102
Virginia Beach, VA 23452
0
o
AIJ
_Izi v
71
Colleen B. Lowder, et als closure
of a portion of Southern Boulevard
Lynnhaven Borough
- 40 -
Item II-K.19
CONSENT AGENDA ITEM # 23990
Upon motion by Concilwoman Creech, seconded by Concilman Louis Jolies, City
Coiicil ADOPTED an Ordinaiice appointiiig VIEWERS in the petitioii of PROVIDENCE
MENNONITE CHURCH for the closure of a portion of OLD PROVIDENCE ROAD and
PROVIDENCE ROAD (Kempsville Borough).
The Viewers are:
Robert J. Scott Director of Planning
C. Oral Lambert, Jr. Director of Public Works
David M. Grochmal Director of Geileral Services
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Hetiley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Couilcil Members Votiiig Nay:
None
Council Members Absent;
Noiie
August 5, 1985
- 40a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Providence Mennonite Church, has given due
and proper notice, in accordance with the statutes for such
cases made and provided that they will on the day of
, 1985, apply to the City Council of the City of
Virginia Beach, Virginia, for the appointment of Viewers to view
the below-described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if
any, what inconvenience would result from the discontinuance of
the hereinafter described portion of that certain street of
variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT Robert J. Scott
David M. Grochmal and
C. Oral Lambert are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of a portion of that certain street
of variable width located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
ALL THAT certain lot, portion or parcel of land designated
as 0.349 acre as shown on that certain plat entitled
SNIGHT CREEKMORE. "Street Closure of the Southeast Corner of Providence Road
WRIGHT, JONES and Old Providence Road Intersection Hereby Conveyed From
AND KINSER
ATTORNEYS AT LAW the City of Virginia Beach, Virginia to Providence
752 CEDAR ROAD
ESAPEAKE VA 23320 Mennonite Church, Kempsville Borough, Virginia Beach,
547-9191
Aug st 5, 1985
- 40b -
Virginia", made by George W. Midgette, Jr., Land Surveyor,
Virginia and North Carolina, dated February 7, 1985, and
recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia in Map Book , at
page , and more particularly described as follows:
BEGINNING at a point located at the Northeast corner of the
Providence Mennonite Church property and the Northwest
corner of Lot 1, Block A, Chatham Hall, Phase 7, Sutton
Place; thence S. 83 degrees 04' 37' W. 163.28 feet to a
point, being the Northwest corner of the Providence
Mennonite Church; thence S. 82 degrees 54' 40" W. 13.93
feet to a point on a curve and on the southern right of way
of Old Providence Road; thence along the eastern right of
way of Old Providence Road around a curve to the left
having a radius of 95.00 feet and an arc distance of 79.29
feet to a point of tangent; thence continuing along Old
Providence Road N. 05 degrees 55' 04" E 17.00 feet to a
point; thence around a curve to the right having a radius
of 10.00 feet and an arc distance of 15.90 feet to a point
on the southern side of Providence Road; thence along the
southern side of Providence Road and along a curve to the
right having a radius of 2,188.29 feet an arc distance of
228.84 feet to a point; thence continuing along the
southern side of Providence Road S. 77 degrees 02' 17" E.
38.44 feet to a point; thence S. 02 degrees 40' 41" W.
18.78 feet to a point; thence N. 87 degrees 19' 19" W.
63.44 feet to a point; thence S. 84 degrees 25' 08" W.
74.16 feet to the point of beginning, said parcel
containing 15,210 square feet.
All the abot as shown upon that certain plat entitled
"Street Closure of the Southeast Corner of Providence Road and
Old Providence Road Intersection Hereby Conveyed From the City
of Virginia Beach, Virginia to Providence Mennonite Church,
Kempsville Borough, Virginia Beach, Virginia", which plat is
attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the aforedescribed street.
NIGHT CREEKMORE,
WRIGHT JONES
AND KINSER
ORNEYS AT LAW
752 CEDAR ROAD
ESAPEAKE VA 23320
547-9191 -2-
AugLst 5, 1985
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET KNOWN AS THE INTER-
SECTION OF OLD PROVIDENCE ROAD AND PROVIDENCE ROAD LOSURE
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "STREET C
OF THE SOUTHEAST CORNER OF PROVIDENCE ROAD AND OLD
PROVIDENCE ROAD INTERSECTION HEREBY CONVEYED FROM THE
CITY OF VIRGINIA BEACH, VIRGINIA TO PROVIDENCE MENNONITE
CHURCH, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINA",
WHICH PLAT IS ATTACHED HERETO.
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, Providence Mennonite Church,
respectfully represents as follows:
1. That pursuant to the provisions of Section
15.1-364 of the 1950 Code of Virginia, as amended, the
Petitioner applies for the vacating, closing, and discontinuance
of a portion of that certain street, which is more specifically
described as follows:
ALL THAT certain lot, portion or parcel of land
designated as 0.349 acre as shown on that certain plat
entitled 'Street Closure of the Southeast Corner of
Providence Road and Old Providence Road Intersection
Hereby Conveyed From the City of Virginia Beach,
Virginia to Providence Mennonite Church, Kempsville
Boroogh, Virginia Beach, Virginia", made by George W.
Midgette, Jr., Land Surveyor, Virginia and North
Carolina, dated February 7, 1985, and recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book , at
page and more particularly Te-scribed as
follows:
BEGINNING at a point located at the Northeast corner
of the Providence Mennonite Church property and the
Northwest corner of Lot 1, Block A, Chatham Hall,
Phase 7, Sutton Place; thence S. 83 degrees 04' 37" W.
BASNIGHT, CREEKMORE, 163.28 feet to a point, being the Northwest corner of
WRIGHT, JONES hurch; thence S. 82 degrees
AND KINSER the Providence Mennonite C
ATTORNEYS AT LAW 541 40" W. 13.93 feet to a point on a curve and on the
752 CEDAR ROAD
CHESAPEAKE, VA 23320 southern right of way of Old Providence Road; thence
547-9191
along the eastern right of way of Old Providence Road
around a curve to the left having a radius of 95.00
feet and an arc distance of 79.29 feet to a point of
tangent; thence continuing along Old Providence Road
N. 05 degrees 55' 04" E 17.00 feet to a point; thence
around a curve to the right having a radius of 10.00
feet and an arc distance of 15.90 feet to a point on
the southern side of Providence Road; thence along the
southern side of Providence Road and along a curve to
the right having a radius of 2,188.29 feet an arc
distance of 228.84 feet to a point; thence continuing
along the southern side of Providence Road S. 77
degrees 02' 17' E. 38.44 feet to a point; thence S. 02
degrees 40' 41" W. 18.78 feet to a point; thence N. 87
degrees 19' 1911 W. 63.44 feet to a point; thence S. 84
degrees 25' 08" W. 74.16 feet to the point of
beginning, said parcel containing 15,210 square feet.
Said parcel of land being a portion of Old Providence
Road and Providence Road, as indicated on that certain plat
entitled 'Street Closure of the Southeast Corner of Providence
Road and Old Providence Road Intersection Hereby Conveyed From
the City of Virginia Beach, Virginia to Providence Mennonite
Church, Kempsville Borough, Virginia Beach, Virginia", which
plat is attached hereto and made a part hereof and intended to
be recorded with the Ordinance closing the aforesaid street.
2. That no inconvenience will result to any persons
by reason of said closing, vacation, and discontinuance of said
street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council on
or before the day of 1985, as to whether
in the opinion of said viewers, what inconvenience, if any,
would result from the discontinuance and closing of this portion
NiGHT. CREEKMORE,
WRIGHT.JONES of said street, as herein reported and described.
ANDKINSER
ATTORNEYS AT LAW
752 CEDAR ROAD
HESAPEAKE,VA 23320
547-9191 -2-
3. That on the _ day of , 1985
and on the . day of , 1985, notice of the
presenting of this application was published in the Beacon, a
newspaper of general circulation in the City of Virginia Beach,
Virginia.
4. That the fee simple owners of the land along and
adjacent to and affected by said portion of the platted street
are your Petitioners herein, Providence Mennonite Church, 5363
Old Providence Road, Virginia Beach, Virginia, and Epic
Associates, c/o John Simeic, 5201 Leesburg Pike, Soute 1600,
Falls Church, Virginia, 22041.
Respectfully submitted,
Providence Mennonite Church
By:
Of Counsel
Robert R. Kinser, Esq.
BASNIGHT, CREEKMORE, WRIGHT,
JONES & KINSER, P.C.
752 Cedar Road
Chesapeake, Virginia 23320
NIGHT,CREEKMORE,
WRIGHT.JONES
ANDKINSER
ATTORNEYS AT LAW
752 CEDAR ROAD
ESAPEAKE, VA 23320
547-9191 -3-
,7yasni@ll Cree@more, 7ones ano( Xinser
211orneyi @dCounielori al Law
7-T2 Geo.r To.o'
T 0. Z)rvwer -T
CAesapeake, Z),,3,,.i. 23,320-0017 .547-9191
,T.6,,f T. X:.,- _W,. Cd, f6L4
,51.p,6.@ 7.,7e@y- April 17, 1985
CERTIFICATE OF VESTING OF TITLE
R. @er
attorney for Prov@CL, 14enncmite
do hereby certify that:
1. I am an attorney at law and represent P@dence t@nite Chur--.1
the petitioner.
2. If the property described below is discontinued, closed and vacated
by the Council of the City of Virginia Beach, Virginia, then title to said property
will vest in Providence 14emonite church
the adjacent landowners; in N/A
the holder of the underlying fee in said property; in N/A
the assignee of N/A
, the adjacent property owner or holder of the underlying fee
in said property.
The said property referred to herein is hereby described as follows:
0.349 Acres at the Scyuttieast corner of Providence Road and Old
Prcyvidence Road, at the lbrtheast corner of Pravidence lknm-ianite Chirch,
Kempsville B=ough, Virginia Beach, Va.
Y
0
cw@
idence Mennonite Church Si
corner Providence Road and Old
Providence Road - Kempsville Borough.
- 41 -
Item II-K.20
CONSENT ACENDA ITEM # 23991
Upoii motion by Couticilwomaii Creech, seconded by Couilcilman Louis Joiies, City
Council APPROVED the LOW BID of ASPHALT ROADS AND MATERIALS COMPANY, 1NC.,
in the amouiit of $1,128,993.90 for the BITUMINOUS CONCRETE MAINTENANCE
RESURFACING AND PROFILE SCHEDULE, CONTRACT I; AND, AUTHORIZED the City
Manager to eiiter iiito the iiecessary agreements for the implementatioii of this
project.
Voting: 11-0
Couticil Members Votiiig Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiillgs, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf
Council Members Votiiig Nay:
None
Council Members Absent:
Noiie
August 5, 1985
- 42 -
Item II-K.21
CONSENT AGENDA ITEM # 23992
Upoii motioii by Councilwomaii Creech, seconded by Councilman Louis Jones, City
Council APPROVED the LOW BID of CONRAD BROTHERS, INC., in the amouiit of
$7,769,000 for the CENTRAL LIBRARY PROJECT (CIP 3-905); AND, AUTHORIZED
the City Manager to enter into the necessary agreements for the implementation
of this project.
Votiiig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jetinings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanall, J. Henry
McCoy, Jr., D.D.S., aiid Meyera E. Oberiidorf
Council Members Voting Nay:
None
Council Members Absent:
NoDe
August 5, 1985
- 43 -
Item II-K.22
CONSENT AGENDA ITEM # 23993
Upon motion by Concilwoman Creech, seconded by Councilman Louis Jones, City
Council APPROVED the LOW BID of ASPHALT ROADS AND MATERIALS COMPANY, INC. , in
the amount of $815,600.90 for the 1985-86 VARIOUS ROADS CONTRACT; AND, AUTHORIZED
the City Manager to enter into the necessary agreements for the implementation
of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 5, 1985
- 44 -
Item II-K.23
CONSENT AGENDA ITEM 11 23994
Upon motion by Concilwoman Creech, seconded by Councilman Louis Jones, City
Council APPROVED the LOW BID of SPENCER ENTERPRISES OF VIRGINIA, INC. , in the
amount of $19,667 for the LASKIN ROAD BRIDGE REPAIRS PROJECT; AND, AUTHORIZED
the City Manager to enter into the necessary agreements for the implementation
of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 5, 1985
- 45 -
Item II-K.24
CONSENT AGENDA ITEM # 23995
Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City
Council APPROVED the following RAFFLE PERMITS:
ARAGONA GARDEN CLUB
PEMBROKE MANOR UNITED CHURCH OF CHIRST
PRINCESS ANNE PLACE GARDEN CLUB
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 5, 1985
- 46 -
Item II-K.25
CONSENT AGENDA ITEM # 23996
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of
$196,554.33 upon application of Certain Persons and upon Certification of the
City Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara
M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. ,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining:
Mayor Harold Heischober
August 5, 1985
- 46a -
FORM NO. C.A. 7 7/11/85 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Guillermo & Blandine Espejo 85 RE(2/2) 27819-2 6/3/84 3. 72
Manufacturers Hanover Mort 85 RE(1/2) 96134-5 12/5/84 80.00
Dr John F Mount 84 RE(2/2) 29017-9 9/27/84 60.03
Coons & Thompson Inc 85 PP 32925-2 6/5/85 931 .20
Asplundh Tree Expert Co 85 PP 5523-4 6/5/85 16. 56
D L Peterson Trust 85 PP 37530-8 5/8/85 198.00
D L Peterson Trust 85 PP 37522-8 5/8/85 215.28
William T Etheridge 85 PP 49447-5 6/5/85 30.00
Charles C Satterfield 85 PP 138747-3 6/5/85 148.50
Universal Equipment System 85 PP 161794-7 5/28/85 322.44
Heischober Enterprises Inc 85 PP 71678-9 5/15/85 1 ,003.02
Jody N Furney 85 PP 56969-8 5/20/85 30.00
Total 3,038.75
t
This ordinance shall be effective from date of adoption. (
The above abatement(s) totaling Certified, s to payment; '
$3,038.75 were approved by
the Council of the City of Virginia
2' . ,
Beach on the dayof _ �r '/�--
5 Augu3t, 1985 John . Atkinson, Treasurer
Approved as to form:
Ruth Hodges Smith
City Clerk /_ / 5:6-
. Dale Bimson, City Attorney
August 5, 1985
- 46b - O
FORM NO. C.A. 7 7/1/85 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Jean M Davis 84 RE(2/2) 20843-8 6/5/84 414. 50
Jean M Davis 84 RE(2/2) 20845-6 6/5/84 34.68
Jean M Davis 85 RE(1/2) 22480-1 12/5/84 310.87
Cavalier Service Corp 84 RE(RB) 790058-6 11/15/84 26,451 .90
Cavalier Service Corp 84 RE(RB) 800063-6 11/15/84 25,968.22
Cavalier Service Corp 84 RE(RB) 810080-4 11/15/84 26,732.94
Cavalier Service Corp 84 RE(RB) 820097-4 11/15/84 34,299. 30
Cavalier Service Corp 84 RE(RB) 830107-1 11/15/84 36,891 .66
Cavalier Service Corp 84 RE(RB) 100551-0 11/15/84 37,114.76
Melvin D & Olivia A Ulrey 82 RE(1/2) 79931-9 2/8/83 23.64
Melvin D & Olivia A Ulrey 82 RE(2/2) 79931-9 2/8/83 22.9£
Melvin D & Olivia A Ulrey 83 RE(1/2) 82730-5 2/8/83 32.1E
Melvin D & Olivia A Ulrey 83 RE(2/2) 82730-5 6/3/85 38.72
Lynnhaven Mall Associates 85 RE(1/2) 55931-6 6/5/85 2,741 .2E
Sol W Cohen 85 RE(2/2) 17976-2 6/3/85 140.00
Porter & Porter 85 RE(1/2) 19584-2 3/21/85 64.7C
Porter & Porter 85 RE(2/2) 19584-2 3/21/85 49.65
Joseph H & Gail Z Watson 85 RE(1/2) 95801-9 11/20/84 280.02
Joseph H & Gail Z Watson 85 RE(2/2) 95801-9 5/29/85 280.02
Joseph H & Gail Z Watson 84 RE(2/2) 90310-5 5/18/84 280.02
Caleb S & Barbara Brinson 85 RE(1/2) 10543-1 12/5/84 2.2(
Bank of Virginia Beach 85 RE(2/2) 4375-7 5/17/85 4.0(
Larry R & Linda Medlin 85 PP 106998-6 6/5/85 30.0(
Ann J Randolph 85 PP 129649-1 5/24/85 944.8t
Charles J & Ellen Medlin 85 PP 106988-8 5/8/85 22.5(
David J Collins 85 PP 31480-1 6/5/85 74.6'
Robert Ward 85 PP 166130-9 6/4/85 52.8(
R G Moore Building Corp 85 PP 128891-8 6/5/85 88.5(
Andrew D Wactor 85 PP 164311 -5 5/15/85 10.0;
GE Credit Auto Lease 84 PP 208568-0 2/22/85 16.91
Ernest L & Lori Anderson 84 PP 172446-6 11/8/84 80.0(
Bonnie M Gull 85 Dog V20525 6/20/85 7.0(
Bethany D Rice N/A Pkng 64185 6/6/85 10.01
r. .. - :.
Li.; • Total 193,515.5£
_.. . C:" LINV
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling C •rti td as to . ym: t;
$193'515°58 were approved by
the Council of the City of Virginia
Beach on the 5 day of August • LK .- Ali -
1985 J'' n T. Atkinson, Treasurer
Approved as to fo .
Ruth Hodges Smith
City Clerk 4, / . 7/ /‘
3d
of ale Bims , ty Attorney
August 5, 1985
- 47 -
Item II-L.1
APPOINTMENTS ITEM 4f 23997
Councilman Fentress NOMINATED Daniel J. Arris to the PLANNING COMMISSION.
Councilwoman Oberndorf NOMINATED Peggy L. Graham to the PLANNING COMMISSION.
Councilman Jennings NOMINATED Ernest M. Lendman to the PLANNING COMMISSION.
Upon NOMATION by Councilman Fentress, City Council APPOINTED Daniel J. Arris
to the PLANNING COMMISSION to fill the unexpired term of Harold D. Graham
to December 31, 1987.
Voting: 8-3
Council Members Voting Aye for Daniel J. Arris:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, and J. Henry
McCoy, Jr. , D.D.S.
Council Members Voting For Other Nominees:
Barbara M. Henley: Aye for Peggy L. Graham
H. Jack Jennings, Jr. : Aye for Ernest M. Lendman
Meyera E. Oberndorf: Aye for Peggy L. Graham
Council Members Absent:
None
August 5, 1985
= 48 -
Item II-L.2
APPOINTMENTS ITEM # 23998
Upon NOMINATION by Councilman Robert Jones, City Council APPOINTED R. J. Nutter,
II to the RESORT AREA ADVISORY COMMISSION to fill the unexpired term of Stephen
C. Swain.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 5, 1985
- 49 -
Item II-M.1
UNFINISHED BUSINESS
ADD-ON ITEM # 23999
FRONT YARD SETBACKS
Councilwoman Henley referenced an Ordinance to amend and reordain Article 4,
Sections 402(c) and 412(c) of the COMPREHENSIVE ZONING ORDINANCE pertaining
to FRONT YARD SETBACKS. This Ordinance was ADOPTED by Council on February
25, 1985.
The intent of this action by Council was to apply to new construction in order
to prevent a recurrence of General Booth Boulevard. However, as a result of
Council's action any add-on to an existing structure MUST have a Variance
from the Board of Zoning Appeals.
City Staff will investigate "grandfather" provisions for existing structures
and determine if this Ordinance may be changed to apply only to new construction
and not existing construction.
August 5, 1985
- 50 -
Item II-M.2
UNFINISHED BUSINESS
ADD-ON ITEM # 24000
HEAT PUMPS
Councilman Jennings referenced a PUBLIC HEARING held by the State Water Control
Board concerning the pumping of water in the Lynnhaven Borough specifically along
Great Neck Road.
Councilman Jennings further referenced heat pumps that have been improperly
installed and the discharge of the water is either going into the City's
storm water drainage system or into the Lynnhaven River and its estuaries
as opposed to returning to the groundwater.
City Staff will investigate as to whether the regulation of this particular
problem is a STATE WATER CONTROL BOARD function or the City's responsibility.
August 5, 1985
- 51 -
Item II-N.1
NEW BUSINESS
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
ITEM Vl 24001
Maryanne I. Ustick, Director of Housing and Community Development, provided
Council with background information relative the VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION.
The VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION was established in 1978
to provide a vehicle through which the City could channel a portion of its
Federal Community Development Block Grant funds to be used for rehabilitating
substandard housing in the City's TARGET neighborhoods. Subsequently, however,
in early 1978, the City's legislative delegation introducted legislation to the
General Assembly which designated the City's Community Development Block Grant
Funds as "FEDERAL FUNDS", and therefore not subject to the constitutional pro-
hibition against the City extending its credit to individuals for a private
purpose against Housing and Rehabilitation Loans. When this legislation was
passed by the General Assembly the legal impediment to the operation of a
Housing Rehabilitation Program by the City was removed. The City Council
chose to have City Staff administer the Rehabilitation Loan Program and
consequently the VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION was not
utilized for that purpose.
The Department of Housing and Community Development has been unable to meet
the tremendous need for new construction in the TARGET NEIGHBORHOODS due to
a statutory prohibition against the use of Community Development Block Grant
Funds to subsidize or finance new construction except in the following instances:
(1) last Resort Replacement Housing for owner occupants of condemned dwellings
who have no assets and who are unable to obtain any financing whatsoever and
(2) the development or financing of new housing constuction by a qualified
non-profit corporation.
The Department of Housing and Community Development is attempting to plan the
completion of revitalization activities in several of the TARGET NEIGHBORHOODS
that have completed infrastructre improvements. The Department's staff has
identified the need for a non-profit corporation to function as the vehicle for
providing needed housing development and housing finance activities that the
City is prohibited from doing.
Through discussions with Citizen Advisory Committee Members and officials of the
former VBCDC, a proposal to resurrect the VIRGINIA BEACH COMMUNITY DEVELOPMENT
CORPORATION was made.
Charles Reynolds, President of the VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION,
presented Council the structure and purpose of the VBCDC.
The following comprise the new BOARD OF DIRECTORS:
Charles Reynolds
Dorcas T. Helfant
Wylie R. Cooke, Jr.
James E. Lindsey, Jr.
John L. Perry
These documents were introduced to Council and are hereby made a part
of the record:
(a) Chronology and Background Information of the VBCDC
(b) Work Program/Strategy FY 1985-1990
(c) Revised Bylaws.
August 5, 1985
- 52 -
Item II-N.1
NEW BUSINESS
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
ITEM # 24001 (Continued)
Charles Reynolds further reiterated the GOALS of the VBCDC:
(a) ADMINISTRATION
(b) COMMUNICATIONS
(c) HOUSING NEEDS
(d) FINANCIAL NEEDS
(e) ECONOMIC DEVELOPMENT
(f) HUMAN RESOURCES
The VBCDC will be returning to City Council on August 12, and August 19, 1985, to
further review their PROPOSAL and BUDGET.
August 5, 1985
- 53 -
Item II-N.2
NEW BUSINESS
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
ITEM # 24002
The SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA concurs with the original
staff report that the BENDIX ROAD SITE is the most appropriate location for the
VIRGINIA BEACH TRANSFER STATION.
Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council
SCHEDULED a PUBLIC HEARING for August 19, 1985, concerning the five (5) proposed
sites for the VIRGINIA BEACH TRANSFER STATION: BENDIX ROAD, GREENWICH ROAD,
MOUNT TRASHMORE, KENTUCKY AVENUE, AND ROSEMONT ROAD.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 5, 19.85
-54 -
Item II-N.3
NEW BUSINESS
BOCA BASIC/NATIONAL FIRE
PREVENTION CODE
ITEM # 24003
Chief Harry Diezel presented amendments to Chapter 12 of the City Code relating
to FIRE PREVENTION AND PROTECTION. (Said amendments are hereby made a part of
the record) .
The Ordinance to AMEND AND REORDAIN Sections 12-3(a), 12-8(a), 12-25, 12-41,
12-42, 12-43, 12-44, 12-45, 12-46, and 12-49 of the Code of the City of
Virginia Beach, Virginia, pertaining to FIRE PREVENTION AND PROTECTION will
be SCHEDULED for the City Council Meeting August 12, 1985.
- 55 -
Item II-N.4
ANNOUNCEMENTS ITEM # 24004
ADD-ON
Mayor Heischober expressed regret for the loss of a respected citizen of the City,
Laszlo Aranyi.
Mr. Aranyi was Chairman of the ARTS AND HUMANITIES COMMISSION. The Mayor re-
quested a respectable amount of time be observed before selection of a new
member to this Commission.
A PROCLAMATION expressing an appropriate declaration of sympathy will be pre-
sented to the family by Council in September.
August 5, 1985
Item II-0.1
ADJOURNMENT
Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the
meeting at 5:37 p.m.
Beverly'‘O. Hooks
Chief Deputy City Clerk
&k417-1/td.' aighY
Rut odges SmrEh, CMC Mayor Harold Heischober
City Clerk
City of Virginia Beach
Virginia
/bh
August 5, 1985