HomeMy WebLinkAboutOCTOBER 17, 1995 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOMS, JR, At Large
JOHN A BAUM, Blackwater Borough
LINWOOD 0 BRANCH II1 V,rg~ma Beach Borough
ROBERT K DEAN Pnncess Anne Borough
W W HARRISON, JR, Lynnhaven Borough
HAROLD HEISCHOBER At-Large
BARBARA M HENLEY, Pungo Borough
LOUIS R JONES, Bayszde Borough
NANCY K PARKER, At-Large
LOUISA M STRAYHORN Kempsv~lle Borough
JAMES K SPORE, Czty Manager
LESLIE L LILLEY, C~ty Attorney
RUTH HODGES SMITH, CMC / AAE, City Clerk
CITY COUNCIL AGENDA
281 CITY HALL BUILDING
~fUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456 9005
(804) 427 4303
October 17, 1995
I. BRIEFINGS
- Conference Room -
11:00 AM
ae
Be
LAKE RIDGE PLANNING PROCESS
Robert J. Scott, Director, Planning
HUMAN SERVICES BUILDING - ALTERNATIVES
David M. Grochmal, Director, General Services
II. AGENDA REVIEW SESSION
ae
Be
REVIEW OF AGENDA ITEMS
CITY COUNCIL CONCERNS
III. INFORMAL SESSION
- Conference Room -
1:30 PM
ae
Be
Ce
CALL TO ORDER - Mayor Meyera E. Oberndorf
ROLL CALL OF CITY COUNCIL
RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Paul Kettner
Hope Lutheran Church LC-MS
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
October 3, 1995
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. RESOLUTIONS
I ·
Resolution to establish a Policy re public benefits which may
be realized through the approval of private activity Bond
requests.
·
Resolution re issuance of the Virginia Beach Development
Authority's multi-family rental housing revenue bond:
Sunstates House, L.P.
Not to exceed $7,300,000
·
Resolution to authorize the issuance of General Obligation
School Bonds of the City of Virginia Beach, Series 1995A, not
to exceed $2,500,000, to be sold to the Virginia Public School
Authority re Larkspur Middle School.
J. ORDINANCES
i ·
Ordinance to AMEND and REORDAIN Chapter 34 of the Code of the
City of Virginia Beach re swimming pools to incorporate and
comply with the provisions of the Virginia Uniform Statewide
Building Code and the Virginia Board of Health Swimming Pool
Regulations.
·
Ordinance to APPROPRIATE $176,148 in additional revenue from
Prisoner Reimbursement from the Sheriff's Department Special
Revenue Fund Balance to the Sheriff's FY 1995-1996 Operating
Budget re enhancement of the tax-deferred Supplemental
Retirement System for employees of the Sheriff's Department.
·
Ordinance to TRANSFER $125,000 from the Tourism Growth
Investment Fund (TGIF) Reserve for Contingencies to the FY
1995-1996 Operating Budget of the Virginia Marine Science
Museum to enable the Department of Museums to make a Grant to
the Virginia Marine Science Museum Foundation, Inc. re Museum
Exhibits.
4. Ordinances to TRANSFER:
ae
$890,000 from Conference/Convention Facility Renovation
(CIP 2-199); and, APPROPRIATE $636,014 from Tourism
Growth Investment Fund (TGIF) Fund Balance to Resort
Streetscape Improvements (CIP 2-049) re increased costs
and project scope changes to accomplish streetscape
improvements along Atlantic Avenue from Rudee Loop to
Forty-second Street, including the Pacific Avenue
Corridor Study.
bo
$200,000 from Atlantic Avenue Improvements (sewer) (CIP
6-925) to Atlantic Avenue Improvements (water) (CIP #5-
966) re increased project costs.
·
Ordinance to TRANSFER $55,000 in the Fire Programs Capital
Project Fund re purchase of additional communications
equipment.
·
Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of South Woodhouse Road and Mill Dam
Road to Alanton Garden Club re construction and maintenance
of landscaping, a wooden fence and sprinkler system
(LYNNHAVEN BOROUGH).
·
Ordinance to authorize acquisition of property in fee simple
for right-of-way for Queen City Street Improvements
Project (CIP 2-213) and the acquisition of temporary and
permanent easements of right-of-way, either by agreement
or condemnation.
8. Ordinance to authorize tax refunds in the amount of $4,809.08.
·
Ordinance to authorize license refunds in the amount of
$15,855.93.
K. PUBLIC HEARING - PLANNING
3:00 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
I ·
Application of L. E. INDUSTRIES, INC. for a Conditional Use
Permit for an ~utomobile repair garage at the Northeast
intersection of South Military Highway and Providence Road
(980 South Military Highway), containing 1.349 acres
(KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
·
Application of H. ALEXANDER JONES for a Conditional Use Permit
for motor vehicle sales on the West side of Pleasure House
Road on Lots 38 and 39, Bradford Terrace, Section 2
(2013 Pleasure House Road), containing 26,160 square feet
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
Application of MOUNT BETHEL BAPTIST CHURCH for a Conditional
Use Permit for a church on the East side of Indian River Road,
North of Stumpy Lake Lane (4636 Indian River Road), containing
2.9 acres (KEMPSVILLE BOROUGH).
Recommendation-
·
APPROVAL
·
Application of UNION BAPTIST CHURCH for a Conditional Use
Permit for a church on the North side of South Boulevard,
600 feet more or less Northeast of Independence Boulevard
(4608 South Boulevard), containing 1. 186 acres (KEMPSVILLE
BOROUGH ).
Recommendation:
APPROVAL
·
Applications of BAPTIST EXTENSION BOARD, INC. re the Southwest
corner of Independence Boulevard and Round Hill Drive,
containing 6.239 acres (KEMPSVILLE BOROUGH):
Change of Zoning District Classification from B-1
Neighborhood Business District to R-10 Residential
AND,
Conditional Use Permit for a church
Recommendation'.
APPROVAL
·
Application of JASON B. COWAN for a Change of Zoning District
Classification from A-18 Apartment District to R-5R
--
Residential Resort District at the Northwest intersection of
Lincoln Avenue and Alabama Avenue, containing 19,000 square
feet (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
·
Application of ROBERT T. TAYLOR, PRESIDENT, PLEASANT ACRES
LTD. for a Chanae of Zonina District Classification from AG-2
A~ricultural District to R-10 Residential District on the
Northeast side of Holland Road, beginning at a point 1080 feet
more or less Southeast of Chestwood Drive, containing
9.5 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
L. APPOINTMENTS
HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM - SEVAMP
TRANSPORTATION SAFETY COMMISSION
M. UNFINISHED BUSINESS
N. NEq~ BUSINESS
O. ADJOURNMENT
PUBLIC HEARINGS - CITY COUNCIL CHAMBER
OCTOBER 24, 1995 - 6:00 PM
NOVEMBER 14, 1995 - 2:00 PM
RE: ELECTION DISTRICTS
* * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
· * · fl * * * * * .
10/12/95CMD
AGENDA\10-17-95. PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
VirgInia Beach, Virginia
October 17, 1995
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, October
17, 1995, at 11:00 A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IL Dean, Barbara M
Henley, Louis R. Jones and Mayor Meyera E. Oberndorf
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. [ENTERED, 11:30 A M.]
William W. Harrison, Jr.
[ENTERED: ll.14 A.M.]
Harold Heischober
[ENTERED: 11:22 A M.]
Nancy IL Parker
[ENTERED: 11:12 A.M]
Louisa M Strayhorn [ENTERED. 12:03 P M]
CITY MANAGER'S BRIEFING
LAKE RIDGE PLANNING PROCESS
11:00 A3/I.
ITEM # 39854
Robert J. Scott, Director of Planning, advised concerning the formulation of a plan for Lake Ridge, there
are two distinct types of development proposals that need to be incorporated into the .final plan.
Mr. Scott displayed a map depicting the 1,192 acres included in Lake Ridge. All areas depicted in "blue"
are owned by the City of Virginia Beach or the School Board. B should be clear that the City's most
advantageous approach is in looking at the broader perspective of publicly-owned and publicly-
controlled land, all the way through the Princess Anne Road and West Neck Creek corridor. This would
include Princess Anne Park, the Farmers Market property, the Municipal Center, the West Neck Creek
property, the Buffington property and other key properties.
Mr. Scott suggested the formulation of a Steering Committee similar to that established for Corporate
Landing and suggested the committee be composed of the following:
Two members of City Council
A member of the Parks and Recreation Commission
A member of the Planning Commission
A member of the School Board
A Member of the Development Authority
A Member of the Civic Community
Member of the Business Community
This Steering Committee could provide the necessary broad perspective to conduct the public input
process, to direct the RFP process, to evaluate ideas and proposals put forward and to combine ideas of
various types and sources into a Final Lake Ridge Plan.
The public input process could be established as per direction of the Steering Committee. The staff would
be prepared to initiate the RFP process in the "December to January time frame" with the involvement
of the Steering Committee.
The other studies: Golf Feasibility, Groundwater and Gray Water Use, should be available within the
month of December to consider with the Lake Ridge Plan.
Louis Cullipher is tentatively SCHEDULED for a BRIEFING relative the Farmer's Market for the
November 21, 1995, WORKSHOP.
Council Members Dean and Henley have agreed to serve on the Steering Committee.
Mayor Oberndorf advised representatives of the Little League have requested 20 acres for their fields.
October 17, 1995
-3-
CITY MANAGER'S BRIEFING
HUMAN SERVICES BUILDING - ALTERNATIVES
11:26 A.M.
ITEM # 3985.$
David M. Grochmal, Director - General Services, advised on September 5, 1995, City Council rejected
the use of the City-owned proeprty at South Independence Boulevard and Holland Road for a new facility
to be occupied by the Departments of Social Services and Health. The City Council also directed staff
to review all other options and make further recommendations to City Council within thirty days.
ADDENDUM #2 to the Policy Report was distributed and is hereby made a part of the record. The
primary goal has been to find a new facility for all of the Department of Social Services and that portion
of the Department of Health which occupies the present building. However, several months ago the Health
Director determined it would be beneficial and cost effective to eventually consolidate all three Health
Department locations into one building.
A staff committee developed the following site criteria, which has been applied during the evaluatton of
all sites previously considered
Centrally located
On a bus route
Sufficient size
Acceptable traffic access
Proper zoning
All utilities available
Compatible with surrounding development
For several years, City staff has looked at various options and locations for replacing the worn out and
over crowded Human Services building. Staff has reviewed city-owned and privately owned undeveloped
property, as well as existing buildings which may be for sale or lease. Attachment A reflects the land
considered and buildings examined over the years. The majority of the buildings are not available now.
The City staff did not evaluate undeveloped privately owned land unless it was already for sale or
recommended to us through the RFI process conducted in March 1995.
As sites for buildings were presented to City staff, a financial and budget impact analysis was done to
determine the approximate total net costs to the City over a twenty year period. Attachment B describes
how this analysis was done and the assumptions made when identifying all expenses and income.
Of the sites considered, there appear to be only three locations which satisfactorily meet the site criteria
for a new Human Services Building. They are as follows:
.
2.
The existing City-owned Human Services building site on
Virginia Beach Boulevard.
The Celebration Station building and site on Virginia Beach
Boulevard.
The Rosemont Commerce Park site (Runnymede Corporation)
on Rosemont Road.
Attachment C was a matrix showing these three locations and how they compare in size to accommodate
Social Services, Health and possible other agencies, and also how they compare in total twenty-year cost
to the City.
October 17, 1995
-4-
CITY MANAGER'S BRIEFING
HUMAN SERVICES BUILDING - AL TERNA TIFES
ITEM # 39855 (Continued)
Site large enough for
Social Services only
Required Building size
and acreage:
Total 20 year cost to
City
Site large enough for
Social Services and
all of Health
Required Building size
and acreage:
Total 20 year cost to
City
Site large enough for
Social Services, all of
Health, Detox Center
and Homeless Shelter
Required Building size
and acreage:
Total 20 year cost to
City
#1 City Property -
Human Services BMg.
site on Va. Beach
Blvd.
Yes*
5.928 acres
$25.6-MILLION
Y~s
105,000 sq. fl.
5.928 acres
No
NA
#2 Celebration Station
Building and site on
Va. Beach Blvd.
Yes
#3 Rosemont
Commerce Park Site
on Rosemont Road
Yes
NA
75,000 sq. ft.
8.52 acres
$3 7.1 -MILLION
NA
NA
Yes
NA
$17.1 -MILLION
NA
127,000 sq.ft.
9.436 acres
Yes
Yes
10.5 acres
$18. 7-MILLION
Yes
127,000 sq.ft.
12 acres'
$24.9-MILLION
*This site (Option #1) can only accommodate Social Services and Health
if a parking deck is constructed. Off-site parking with shuttle service will
be required during construction.
**The Celebration Station building and site (Option #2) can physically
accommodate the Department of Social Services and Health together.
However, the owner will lease the entire 127,000 square feet to the City.
The owner will allow the City to sublet portions of the building, if
needed.
Total cost is estimated to range from $2Z3-MILLION, using a building
renovation estimate of $27 per square foot, to $34.4-MILLION, using a
building renovation estimate of $52 per square foot.
Olympia also developed two new options for City Council's consideration (Attachment E). The City
Attorney has reviewed both of the proposals from Olympia Development Corporation and feels that it
would not be appropriate under the intent of the Public Procurement Act for the City Council to consider
any new proposals, which have not previously been considered by the staff through the RFI process.
Therefore, no detailed evaluation of the Olympia proposals has been done.
October 17, 1995
-5-
CITY MANAGER'S BRIEFING
HUMAN SERVICES BUILDING - ALTERNATIVES
ITEM # 39855 (Continued)
The construction and design time would be:
Option #1 30 months
Option #2 24 months
Option #3 13-15 months
It is recommended that City Council select Option #3, the Rosemont Commerce Park site for development
of a 105,000 square foot building to house the Department of Social Services and Health. It is further
recommended that City Council authorize the City Manager to begin negotiations for design of such a
facility and lease terms with the developer, Runnymede Corporation.
Mr. Grochmal advised Runnymede has offered a base rental rate of $9.01 per square foot with Operating
and Maintenance Costs estimated at $1.5.95 for a total rent of $14.96 per square foot.
Mr. Grochmal advised contact will be made with the closest residential area. This area is significantly
different from the Larkspur site, as it is separated by a road and another development from the closest
residential area.
Mayor Oberndorf requested a briefing by the City Attorney in Executive Session relative the proposal by
a private developer.
BY CONSENSUS, City Council authorized the City Manager to bring forward a proposal on Option #3
(Runnymede).
October 17, 1995
-6-
AGENDA RE VIEW SESION
12:30 P.M.
ITEM # 39856
Council Members expressed concern relative the correspondence of Attorney Michael B. Hamar relative
the projected rental rate of $795.00 per month. Only 22 units will be set aside for rental to elderly
persons of low income with a projected rental of $475.00 per month. Said letter is hereby made a part
of the record.
L2 Resolution re issuance of the Virginia Beach Development
Authority's multi-family rental housing revenue bond:
Sunstates House, L.P. Not to exceed $7,300,000
This item will be discussed further during the Formal Session with a possible DEFERRAL. A VERBATIM
was requested of the Westminster Homes, Inc. application of August 22, 1995.
ITEM # 39857
Councilman Dean expressed concerns relative the segments deleted in the Ordinance and held in reserve.
J. 1
Ordinance to AMEND and REORDAIN Chapter 34 of the
Code of the City of Virginia Beach re swimming pools to
incorporate and comply with the provisions of the Virginia
Uniform Statewide Building Code and the Virginia Board of
Health Swimming Pool Regulations.
ITEM # 39858
Councilman Harrison inquired whether the $125,000 was for interest on working capital to fund the
shortfall:
J. 3
Ordinance to TRANSFER $125,000 from the Tourism Growth
Investment Fund (TGIF) Reserve for Contingencies to the FY
1995-1996 Operating Budget of the Virginia Marine Science
Museum to enable the Department of Museums to make a
Grant to the Virginia Marine Science Museum Foundation,
Inc. re Museum Exhibits.
October 1Z 1995
-7-
AGENDA RE VIEW SESION
ITEM # 39859
Councilman Dean inquired relative the amount of residents'yards the new streets would be acquiring. The
streets are extremely narrow.
J. 7 Ordinance to authorize acquisition of property in fee simple for
right-of-way for Queen City Street Improvements
Project (CIP 2-213) and the acquisition of temporary and
permanent easements of right-of-way, either by agreement
or condemnation.
Jim Lawson, Real Estate, advised the main acquisition would be for VEPCO easements. The City would
be widening the pavement approximately within the existing right-of-way This is the third project of the
City. Title problems exist with eight parcels and thus the City must exercise its condemnation power.
ITEM# 39860
Councilman Dean expressed concern relative the increase costs of the project:
J. 4 Ordinances to TRANSFER:
$890,000 from Conference/Convention Facility Renovation (CIP
2-199); and, APPROPRIATE $636,014 from Tourism Growth
Investment Fund (TGIF) Fund Balance to Resort Streetscape
Improvements (CIP 2-049) re increased costs and project
scope changes to accomplish streetscape improvements along
Atlantic Avenue from Rudee Loop to Forty-second Street,
including the Pacific Avenue Corridor Study.
$200,000 from Atlantic Avenue Improvements (sewer) (CIP 6-
925) to Atlantic Avenue Improvements (water) (CIP #5-966)
re increased project costs.
ITEM # 39861
Councilman Dean expressed concern relative duplication of video equipment for the Fire Department and
V'uteo Services.
J. 5
Ordinance to TRANSFER $55,000 in the Fire Programs
Capital Project Fund re purchase of additional
communications equipment.
Chief Diezel advised V'uteo Services were maxed out; and, therefore they are unable to use the same
equipment as Video Services. There is also the issue of sensitivity relative the material being videotaped
by the Fire Department.
October 17, 1995
-8-
AGENDA REVIEW SESION
ITEM # 39862
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
RESOLUTION~ORDINANCES
L 1 Resolution to establish a Policy re public benefits which may be
realized through the approval of private activity Bond requests.
L3
J. 1
J. 2
Resolution to authorize the issuance of General Obligation
School Bonds of the City of Virginia Beach, Series 1995A, not
to exceed $2,500,000, to be sold to the Virginia Public School
Authority re Larkspur Middle School.
Ordinance to AMEND and REORDAIN Chapter 34 of the
Code of the City of Virginia Beach re swimming pools to
incorporate and comply with the provisions of the Virginia
Uniform Statewide Building Code and the Virginia Board of
Health Swimming Pool Regulations.
Ordinance to APPROPRIATE $176,148 in additional revenue
from Prisoner Reimbursement from the Sheriff's Department
Special Revenue Fund Balance to the Sheriff's FY 1995-1996
Operating Budget re enhancement of the tax-deferred
Supplemental Retirement System for employees of the Sheriff's
Department.
J. 3
J. 5
J. 6
J. 7
Ordinance to TRANSFER $125,000 from the Tourism Growth
Investment Fund (TGIF) Reserve for Contingencies to the FY
1995-1996 Operating Budget of the Virginia Marine Science
Museum to enable the Department of Museums to make a
Grant to the Virginia Marine Science Museum Foundation,
Inc. re Museum Exhibits.
Ordinance to TRANSFER $55,000 in the Fire Programs
Capital Project Fund re purchase of additional
communications equipment.
Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of South Woodhouse Road and
Mill Dam Road to Alanton Garden Club re construction and
maintenance of landscaping, a wooden fence and sprinkler
system (LYNNHAVEN BOROUGH).
Ordinance to authorize acquisition of property in fee simple for
right-of-way for Queen City Street Improvements
Project (CIP 2-213) and the acquisition of temporary and
permanent easements of right-of-way, either by agreement
or condemnation.
J. 8 Ordinance to authorize tax refunds in the amount of $4,809.08.
J. 9 Ordinance to authorize license refunds in the amount of $15,855.93.
October 17, 1995
-9-
AGENDA
REVIEW
ITEM # 39863
SESION
Councilman Dean referenced:
Application of L. E. INDUSTRIES, INC. for a Conditional Use
Permit for an automobile repair garage at the Northeast
intersection of South Military Highway and Providence Road
(980 South Military Highway), containing 1.349 acres
(KEMPSVILLE BOROUGH).
Councilman Dean was concerned relative the lack of a landscape plan, as this area is very visual.
ITEM # 39864
Councilman Jones expressed concern relative Opposition:
IC2 Application of H. ALEXANDER JONES for a Conditional Use
Permit for motor vehicle sales on the West side of Pleasure
House Road on Lots 38 and 39, Bradford Terrace, Section 2
(2013 Pleasure House Road), containing 26,160 square feet
(BA YSIDE BOROUGH).
ITEM # 39865
The City Clerk referenced request for 30 day DEFERRAL.
K. 3 Application of MOUNT BETHEL BAPTIST CHURCH for a
Conditional Use Permit for a church on the East side of Indian
River Road, North of Stumpy Lake Lane (4636 Indian River
Road), containing 2.9 acres (KEMPSVILLE BOROUGH)
ITEM# 39866
Councilman Dean expressed concern relative the R-5R zoning.
IC6 Application of JASON B. COWAN for a Change of Zoning
District Class(l~cation from A-18 Apartment District to R-SR
Residential Resort District at the Northwest intersection of
Lincoln Avenue and Alabama Avenue, containing 19,000 square
feet (PRINCESS ANNE BOROUGH).
The City Clerk advised the applicant would be in attendance, and had not decided whether to request a
DEFERRAL or WITHDRAWAL.
October 17, 1995
- 10 -
AGENDA
REVIEW
ITEM # 39867
SESION
BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT
AGENDA:
K. 4
Application of MOUNT BETHEL BAPTIST CHURCH for a
Conditional Use Permit for a church on the East side of Indian
River Road, North of Stumpy Lake Lane (4636 Indian River
Road), containing 2.9 acres (KEMPSVILLE BOROUGH)
Application of UNION BAPTIST CHURCH for a Conditional Use Permit for
a church on the North side of South Boulevard, 600 feet more or less Northeast
of Independence Boulevard (4608 South Boulevard), containtng 1 186 acres
(KEMPSVILLE BOROUGH).
Applications of BAPTIST EXTENSION BOARD, INC. re the
Southwest corner of Independence Boulevard and Round Hill
Drive, containing 6.239 acres (KEMPSVILLE BOROUGH):
Change of Zoning District Classification from B-1
Neiehborhood Business District to R-lO Residential District
--
Conditional Use Permit for a church
Application of ROBERT T. TAYLOR, PRESIDENT,
PLEASANT ACRES LTD. for a Change of Zoning Distrtct
Classification from AG-2 Agricultural District to R-lO
Residential District on the Northeast side of Holland Road,
beginning at a point 1080 feet more or less Southeast of
Chestwood Drive, containing 9.5 acres (PRINCESS ANNE
BOROUGH).
Item K. 3. will be DEFERRED for 30 days BY CONSENT.
October 17, 1995
- 11 -
CITY COUNCIL CONCERNS
12:50 P.M.
ITEM # 39868
Mayor Oberndorf referenced during the Virginia Municipal League Legislative Committee Meeting,
Mayors Eason and Fraim requested the endorsement of the Legislative Committee for the Urban
Partnership Proposal. Mayor Oberndorf ABSTAINED and requested that the reason for this Abstention
be registered as this City Council has not had an opportunity to discuss this issue. On Tuesday afternoon,
the Legislative Package was distributed to the entire voting delegation at the regular Annual Meeting.
Mayor Oberndorf had to leave prior to the vote on the Urban Partnership. The letter from Mayor Fraim
indicated he heard the Virginia Beach delegation voted against his Urban Partnership. Mayor Fraim's
letter indicated he believed the decision was related to his vote on a water issue concerning the State
being the Chief Arbitrator on water matters.
Mayor Oberndorf advised Monday, at 12:00 NOON, AVIS was announcing their location in Virginia
Beach. She had to be in attendance with the Governor. Mayor Oberndorf advised recetpt of a new packet
of information from the Urban Partnership containing two corrections and the Mayor has requested these
be forwarded to City Council. Mayor Oberndorf will DRAFT correspondence in reply to Mayor Frmm.
Council Lady Parker, Alternate Delegate, advised her positton. The counties and towns made a valid
point. They had not received the final results of the Urban Partnership, until that morning shortly before
the Meeting. The Counties and Towns needed time for review. Council Lady Parker voted with the
Counties and Towns to pull the issue from the Legislative Package as she beheved they needed time for
review. When this issue was left in the Legislattve Package, Counctl Lady Parker voted for the entire
package.
Council Ixtdy Henley advised one of the Sessions on Monday afternoon, October 9, 1995, concerned the
Urban Partnership. Packets were distributed with a four-person panel presentation. Council Lady Henley
believed the Urban Partnership has made a mistake in not giving localities the opportunity to have a
presentation within themselves to enable a thorough understanding.
Councilman Branch requested discussion of this issue. Councilman Branch expressed concern relative the
Regional Development Incentive Fund of approximately $200-MILLION and from where these revenues
wouM be derived.
Councilman Dean advised of his concerns with problems re this issue of taxing implications.
The City Manager advised a BRIEFING will be SCHEDULED for City Counctl by Robert Matthias,
Assistant City Manager.
ITEM # 39869
Councilman Dean expressed concern relative the applications of EIGHT D CORPORATION
(APPROI~D by City Council on April 27, 1993, and APPROVAL of REVISED CONDITIONS on
September 13, 1994). This is the Convenience Store on the corner of Culver Lane and General Booth
Boulevard. Councilman Dean visited the site and the project is not being built according to the original
plan approved by City Council. This was to be a Iow profile building on the corner. It is now almost a
two-story building. City staff has issued a Stop Work Order until the applicants are able to advise the
reason for building a project in a manner other than that approved by City Council.
Councilman Dean requested City Council develop a means to prevent thts from occurrtng in the future.
The City Manager advised this project does not comply with the building elevations. A Stop Work Order
has been issued. The initial step was to have the contractor and the developer meet with representatives
from the Civic League The City Staff only had the in depth drawings, not the elevations.
The City Manager advised a full presentation of the DEVELOPMENT REVIEW PROCESS will be
SCHEDULED for the City Council Session of October 24. 1995.
October 17, 1995
- 12 -
ITEM # 39870
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, October 17, 1995, at 1:25 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
October 17, 1995
- 13 -
ITEM # 39871
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignatton
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit: Appointments - Boards and Commissions:
Human Rights Commission
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
Virginia Power Franchise
Upon motion by Councilman Baurn, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 17, 1995
- 14 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
October 17, 1995
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 17, 1995, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert Ii. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Absent:
Louisa M. Strayhorn
[ENTERED: 2:35 P.M. ATTENDING
SCHOOL BOARD MEETING RE SCHOOL
BUSES]
INVOCATION:
Reverend Paul Kettner
Hope Lutheran Church LC-MS
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessorns' letter of January 10, 1995, is hereby made a part of the record.
October 17, 1995
- 15 -
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39872
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William gE.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William
D. Sessoms, Jr,
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 39871 Page No. 13 and in accordance with
the provisions of Thc Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, C°) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
l~uth Hodges Smithl CMC/AAE
City Clerk
October 17, 1995
- 16 -
Item IV- F. 1.
MINUTES
ITEM # $9875
Upon motion by Vice Mayor Sessoms, seconded by Council lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSION of October 3, 1995.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndo~ Nancy K~ Parker and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Robert I~ Dean
Council Members Absent:
Louisa M. Strayhorn
Councilman Dean ABSTAINED as he was not in attendance during the City Council Session of October
3, 1995.
October 17, 1995
-17-
Item IV-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39874
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 17, 1995
- 18 -
RECOGNITION
ITEM # 39875
Vice Mayor Sessoms PRESENTED:
RESOLUTION IN RECOGNITION
TO
MAYOR MEYERA E. OBERNDORF
The City Council expressed their sincere congratulations and appreciation to The Honorable Mayor,
Meyera E. Oberndorf,, for her distinguished service to the community and highly commended her for the
manner in which she has carried out her duties and responsibilities. The Mayor's election and installation
on October 10, 1995, as the President of Virginia Municipal League is exemplary of her leadership
qualities and her ability to promote Virginia Beach, the largest City in the Commonwealth of Virginia.
October 17, 1995
- 19 -
Item IV- G. 3
ITEM # 39876
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council AGREED TO ADD
TO THE AGENDA:
RESOLUTION IN RECOGNITION
TO
MAYOR MEYERA E. OBERNDORF
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M Henley,
Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
- 20 -
Item IV-L
CONSENT AGENDA
ITEM # 39877
RESOL UTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one
motion Resolutions, 1, 3, ADD-ON Resolution in Recognition of Mayor Oberndorf, and Ordinances
1, 2, 3, 5, 6, 7, 8 and 9 CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
Council Lady Parker ABSTAINED on Item J. 1 - Ordinances re Swimming Pool regulations in order
to not have the appearance of a conflict, as she and her husband are owners of Parker Pools.
Vice Mayor Sessoms DISCLOSED re Item J. 3 - Ordinances re Virginia Marine Science Museum
Foundation, he is an employee with Central Fidelity Bank, which is participating in allocating the interest
funds.
October 17, 1995
- 21 -
Item IV-L1.
CONSENT AGENDA
ITEM # 39878
RES OL UTIONS / ORDIN~4NCE S
ADD-ON
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
RESOLUTION IN RECOGNITION
TO
MA YOR MEYERA E. OBERNDORF
PRESIDENT - VIRGINIA MUNICIPAL LEAGUE
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
megera £. eherndor~ has servefl ~hts c~mmunt~ ~or man9 9ears in various leadership capacities.
megera's first public service ~as her appointment to the Uirginta Beach Public £ibrar9 Board in 1966
mhere she served as Chair to 1976 mhen she mas elected to the Otrginia Beach City Council. meyera
mas the first mnman elected to the governing body, serving ten years as a member of City Council,
tmo years as Dice mayor and mas the first directly elected mayor in 1988 to mhtch she mas
overmhelmingly re-elected in 1992. Her efforts have made stynificant improvements to the cause of
good government;
{hese years of service have been marked by exemplary dedication to the best interests of the
cnnnnunity and she has ~orked constantl~ for the betternent of its econnnic, cultural and aesthetic
In addition to her perfornance and duties as mayor, she has accepted additional responsibilities at
the state and federal level for such professional organisattons as Oirginia municipal £eague; United
~tates Conference of mayors -- a member of the Aduisory Board and Chair of its International Affairs
Connntt~ee; and the National £eague of Cities, as an Advisory Board member and preutous Chair of the
£nergy, Envtronnent and Natural Resources ~teering Committee. Her election and installation on
October 10~ 1995, as the President of Dirginia ~unicipal Ceague is exemplary of her leadership
qualities and her ability to prnnnte Dtrginia Beach, the largest city in the Cnmmn~ealth of
Dirginia;
Her seruices to the Dtrgtnta Beach connuntt9 haue been held in high regard for she has demnnstrated
an excellent understanding of municipal govermnent and has been an influence for good in the grnmth
an~ progress of our cmmunit~.
[~, O[~Y~li ~E If B~.~0~: {ha~ it ts our mtsh, on behalf of all the residents of this cnnnuntty, that
this expresstun o~ recognition ba presented tn her on the occasion of her Presidency of the Dirginia municipal
£eague for the 1995-1996 gear.
· i I[ FllltOi~t ~J~J~l): ~hat the Dtrgtnia Beach City Council hereby express our sincere congratulations and
appreciation ~o ~he Honorable mayor, me9era £. ~herndorf, for her distinguished service to ~he c~mmunity and
highly cnnsnend her for the manner in mhich she has carried out her duties and responsibilities, thereby
pledging our support to her as she leads the Dirginia municipal £eague.
Otuen under our hands and seals this Jeuenteen~h day of October, Nineteen Hundred and Ninety-Flue.
3oho A. Baun Ctnmood e. Branch, III Robert K. ~ean ~. ~. Harrison, 3r. Harold Hetschober
Barbara B. Henleg
£ouis R. 3ones
Nanc~ K. Parker
£nuisa m. ~trayhnrn
mtllian ~. ~ess~s, ~r.
Dice mayor
"Exhibit A"
SAblPLE IDB SUBMISSION TO COUNCIL
DATE:
TO:
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
FROM:
Chairman, Virginia Beach Development Authority
We submit the following in connection with a project for
to be located at in Borough of the City of Virginia Beach.
(1) Evidence of publication of notice of hearing and summary of the public heating.
, the applicant, or a representative of the applicant appeared and a summary of his
statement and a copy of his application and letter summarizing the procedures of the application is
attached, as well as a resolution of the Authority recommending Council's approval (Exhibit _).
(2) D~sclosure Statement (Exhibit ~)
(3) The stalement of the Authonty's reasons for its approval as a benefit for the City and
its recommendation that C~ty Council approve the ~ssuance of the bonds for the project (Exhibit
).
(4) Fiscal impact statement (Exhibit ~).
(5) A sun'~mary in a standard~zed format, setting forth the type of ~ssue, describing the
project, whether the ~ssue ~s a new or refunding ~ssue, and setting forth the public purposes to be
served by the issuance.
(6)
Letter from the appropriate CIty department commenting on the project (Exhibit
,
Council ME2
- 22 -
Item IV-I. 1.
CONSENT AGENDA
ITEM # 39879
RESOL UTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to establish a Policy re public benefits which may be realized
through the approval of private activity Bond requests.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
10
11
12
13
14
15
16
17
18
19
20
21
22
A RESOLUTION ESTABLISHING
A POLICY REGARDING
PRIVATE ACTIVITY BOND
REQUESTS
WHEREAS, at the request of the City Council, the
City Attorney has developed a proposed policy to address the
dissemination of information to the City Council concerning public
benefits which may be realized through the approval of private
activity bonds.
WHEREAS, the City Council wishes to adopt the
proposed policy as a guide to govern the consideration of requests
to approve resolutions authorizing the issuance of private activity
bonds before the Development Authority and the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the attached "City Council Policy Regarding
Private Activity Bond Requests" is hereby established as a policy
which shall govern the consideration of requests to approve
resolutions to authorize the issuance of private activity bonds in
the City of Virginia Beach.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 17 day of October , 1995.
23
24
25
26
27
28
29
30
31
32
CA-6095
ORDIN\ NONCODE \ CA6095. RES
R-1
PREPARED: 9 \ 29 / 95
APPROVED AS TO CONTENT
City Council Policy
T~tle: C~ty Councd Pohcy Regarding Private Act~wty Bond Requests
Date of Adoption: i Date of Rews~on:
I
Index Number:
Page 1 of 3
1.0 Purpose and Need
Purpose' To estabhsh criteria for approval of resolutions by Councd for the msuance of private act~wty bonds
which are tax exempt under Federal income tax law so as to assure that all requirements of law are followed,
Need: Counml has requested guidance as to the standard of rewew and criteria for approval of IndustrIal
Development Bond (the "IDB") Resolutions;
Legislative H~story In 1982, Congress amended pertinent prows~ons of the Internal Revenue Code of 1954
(the "Code") pertaining to tax exempt revenue bonds so as to require (1) pubhc not~ce, (1) a pubhc hearing and (3)
approval by the local govermng body. Such amendments were enacted to address alleged abuses of the tax-exempt
,ndustr,al development financing laws. The stated purpose of the 1982 legislation was to require pubhc not,ce and
hearing and to g~ve local elected governmental officials some local control over the bonds that were ~ssued on behalf
of their Iocahty.
In response to the 1982 amendment to the Code the General Assembly of V~rg~n,a ~n 1983 adopted clause
2 of Acts 1983, Chapter 514 [found as a note to § 15 1-1378 1 of the Code of V~rg~ma] to require, whenever a
pubhc hearing and approval ~s required ,n connection w,th the ~ssuance of tax-exempt bonds under federal income
tax law, (1) the not~ce be prowded at least 14 days before the hear,ng, (2) the ~ndustr~al development authority shall
hold the hearing and (3) the approval shall be by the C~ty Councd or Board of Superwsors ~n the appropriate
jurisdiction The V~rg~n~a Code also requires the Authority to prowde the Councd a hscal ~mpact statement, a
summary of the hearing and ~ts recommendation
In conformity w,th the foregmng law, all new prwate activity bonds require a public hearing and approval by
C~tyCouncd Refund~ng bonds wh~ch refund prew~us~y approved tax exempt bonds do not requ~re C~unc~s approval
unless the maturity of the prior bond ~s extended
TheCouncd's Standard of Remew The Stateleg~slat~on wh~chcontrolsthe~ssuanceoflDB'sprowdesthat
such bonds may be ~ssued "for the beneht of the inhabitants of the Commonwealth, for the increase of their
commerce, and for the promotion of their safety, health, welfare, convenience and prosperity" Thus, a pubhc
beneht must bereal~zed through the project to be hnanced asa condition of approval of the bonds Chesapeake
Development Authority v Suthers, 208 Va 51 (1967). The fact that a pavate beneht may also be reahzed through
the ~ssuance of IDB's does not defeat the pubhc purpose which ~s served by the bonds Therefore, ~n considerIng
request for IDB's the Development Authority and the C~ty Councd should always ,dentsfy and evaluate the "benehts"
to the pubhc that wdl result from the construction and operation of the famhty.
IT~tle: C~ty Councd Pohcy Regarding Private Acbwty Bond Requests
Date of Adoption: ~ Date of Rews~on:
Index Number:
Page 2 of 3
2.0 .Policy
To ensure that a pubhc benefit ~s to be presented as a result of a facd~ty to be financed by Industrial
Development Bonds. To thts end, Councd shall be prowded ~nformat~on at the pubhc hearing by the applicant or a
representative of the apphcant and the Authority adequate to determine the benefits to the pubhc that wdl result from
the construction and operation of the facd~ty
3.0 Procedure(s) to Accomplish Policy
The follow~ng procedures shall be followed and where appropriate, the following documentation shall be
submitted to the C~ty Councd w~th all Industrial Development Bond requests:
1. The Authority shall require the apphcant or a representative of the apphcant to appear before the
Authority ~n person, and state, for the record, the pubhc benefits presented by the project.
2. The Authority shall state ~ts reasons for approwng the ~ssuance of the bonds for the project and
why the ~ssuance of bonds wdl be a benefit to the C~ty
3. By law, the fiscal ~mpact statement must be ~ncluded, however, ~n ~nstances where the fiscal
impact does not reveal the pubhc benefit, a separate statement whmh ~dent~hes the pubhc benefit shall
be included
4 A letter from the appropriate C~ty department as to the benefits of the project to the CIty shall be
~ncluded In the case of the economic development projects, th~s shall be the Department of Economm
Development In the case of housing projects, th~s shall be the Department of Housing. In other cases
the appropriate department shall be designated by the C~ty Attorney
4.0 Responsibility and Authority
Respons~bd~ty for staff evaluation of the pubhc benefits to be expected from a facd~ty hnanced ~n whole or
~npart by bonds shall rest w~th the Department of Economic Development Prov,ded, however, that ~n the case of
bonds to finance multdamdy housing facd~t~es, respons~bd~ty for staff evaluation of the pubhc benefits to be expected
shall rest w~th the Department of Housing and Neighborhood preservation Respons~b~hty for the coordination of staff
comments and presentation of same to the Authority and the C~ty Councd shall rest w~th the C~ty Attorney
5.0 Definitions
AUTHORITY ~s defined as the C~ty of V~rg~n~a Beach Development Authority
PRIVATE ACTIVITY BONDS - Bonds ~ssued by the Author,ty where 10% or more of the proceeds are to be
used ,n and secured by a prwate trade or bus,ness
BENEFITS TO THE PUBLIC - Any beneht or advantage expected to be reahzed by the pubhc, whether tangible
or ~ntang~ble, which may accompany the construction and operat,on of a facd~ty
T~tle: C~ty Councd Pohcy Regarding Private Act~wty Bond Requests
Date of AdoptIon: I Date of Revision:
I
Index Number:
Page 3 of 3
6.0
Specific Requ,rements
In addition to the procedures and respons~bd~t~es set forth ~n paragraphs 3 0 and 4 0, respectively,
documentation forwarded to the Councd shall ~nclude submission of a document ~n form and substance
substantially as presented ~n the attached Exhibit A
Approved as
to Content:
D~rector/Ad m~n~strator
Date
Approved as
to Legal Sufficiency:
Reviewed by:
C~ager
Date
Date
Item Number C~ty Clerk Date
Item IV-LZ
ORDINANCES
ITEM # 3988O
Michael B. Hamar represented the applicant
Upon motion by Vice Mayor Sessoms, seconded by Council Ixtdy Henley, City Council DEFERRED until
the City Council Session of October 24, 1995:
Resolution re issuance of the Virginia Beach Development Authority's
multi-family rental housing revenue bond:
Sunstates House, L.P. Not to exceed $7,300,000
A VERBATIM of the application of TIDEWATER WESTMINSTER HOMES, INC. of August 22, 1995,
shall be provided to City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William
D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 17, 1995
- 24 -
Item 1V-L3.
CONSENT AGENDA
ITEM # 39881
RES OL UTIONS /ORDINANCES
ADD-ON
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to authorize the issuance of General Obligation School Bonds
of the City of Virginia Beach, Series 1995A, not to exceed $2,500,000, to
be sold to the Virginia Public School Authority re Larkspur Middle
School
10-0 (By Consent)
Council Members l/oting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M Henley,
Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
City of Virginia Beach
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our Files No. DF-3997
DATE: December 18, 1995
TO'
FROM:
RE:
Ruth Hodges Smith DEPT: City Clerk
Lawrence S. SpencerL,~ DEPT: Assistant City Attorney
Filing Certificate of Acceptance of Terms
The City of Virginia Beach is closing on a $2,096,324 issue of
General Obligation Bonds on December 21, 1995. A requirement of
this closing is that the City file a copy of the Certificate of
Acceptance of Terms with the City Clerk on or before December 21,
1995. Accordingly, please file the attached certificate.
Please let me know if you have questions regarding this
requirement.
cc: Leslie L. Lilley
CERTIFZC~TE OF ~CCEPT~%I~CE OF T~
The undersigned City Manager of the City of Virginia Beach,
Virginia (the "City"), certifies as follows:
1. Pursuant to a resolution (the "Resolution") of the City
Council of the City, adopted on October 17, 1995, he has accepted
the terms of the City's General Obligation School Bonds, Series
1995A (the "Bonds"), as set forth in this certificate.
2. The Bonds shall be in the aggregate principal amount of
$2,096,324 and principal shall be payable on the dates and in the
amounts and the Bonds shall bear interest at rates all as set forth
on Exhibit A.
3. The principal amounts and interest rates accepted with
respect to the Bonds are within the limitations of Section 3 and 4
of the Resolution.
4. A copy of this certificate has been filed with the office
of the Clerk of the City on the date hereof.
Dated December 21, 1995.
C r, Vir~nia Beach,
~BO~I~ZON AUTHO~Z~ZNG ~H~ ZBBUAIqC~ OF NO~ ?0
$2,500,000 GENERAL OBLIGATION SCHOOL BOND8
OF THE CITY OF VIRGINIA BE~CH, VIRGINIA, SERIES 1995A,
TO BZ SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WH~, in June 1995, the Commonwealth of Virginia Board of
Education (the "Board of Education") placed the application (the
"Application") of the School Board of the City of Virginia Beach,
Virginia (the "School Board"), for a loan of $2,500,000 (the
"Literary Fund Loan") from the Literary Fund, a permanent trust
fund established by the Constitution of Virginia (the "Literary
Fund"), for the construction, renovation and expansion of school
buildings (the "Project") in the City of Virginia Beach, Virginia
(the "City"), on the First Priority Waiting List;
~H~A~, the Bo~rd of Education was to have approved the
release of Literary Fund moneys to the School Board and make a
commitment to loan such moneys to the School Board (the
"Commitment") within one (1) year of placement of the Application
on the First Priority Waiting List upon receipt of the Literary
Fund of an unencumbered sum available at least equal to the amount
of the Application and the approval, by the Board of Education, of
the Application as having met all conditions for a loan from the
Literary Fund;
NH~, the Board of Education was thereafter to have given
advances on the amount of the Commitment for the Literary Fund Loan
to the School Board, as construction or renovation of the Project
progressed, in exchange for temporary ~otes from the School Board
to the Literary Fund (the "Temporary Notes") for the amounts so
advanced;
NH~~, after the completion of the Project and the advance
of the total amount of the Commitment, the Temporary Notes were to
have been consolidated into a permanent loan note of the School
Board to the Literary Fund (the "Literary Fund Obligation") which
was to evidence the obligation of the School Board to repay the
Literary Fund Loan;
NHE~P~%~, the Literary Fund Obligation was to have borne
interest at three percent (3%) per annum and mature in annual
installments for a period of twenty (20) years;
W~AS, in connection with the 1995 Interest Rate Subsidy
Program (the "Program"), the Virginia Public School Authority (the
"VPSA") has offered to purchase general nbligation school bonds of
the City, and the Board of Education has offered to pay, to the
City, a lump sum cash payment (the "Lump Sum Cash Payment") equal
to the sum of (i) net present value difference, determined on the
date on which the VPSA sells its bon4s, between the weighted
average interest rate that the general obligation school bonds of
the City will bear upon sale to the VPSA and the interest rate that
the Literary Fund Obligation would have borne plus (ii) an
allowance for the costs of issuing such bonds of the City (the
"Issuance Expense Allowance");
NH~, the issuance of $41,300,000 of bonds of the City was
authorized by an ordinance adopted by tbs City Council (the "City
Council") of the City on November 24, 1992, without being submitted
to the qualified voters of the City, for the purposes and in the
amounts shown below, $36,300,000 of which bonds have been issued
and sold:
Sch~l projects, including planning,
design, construction, renovation, expansion,
equipping, and furnishing of schools and
related facilities
$40,545,232
Building projects, including design,
planning, construction, improvements,
renovation, expansion, equipping, and
furnishing of courts, libraries, storage,
and other facilities
754,768
$41,300,000; and
NHERP~, the City Council has determined that it is necessary
and expedient to borrow not to exceed $2,500,000 and to issue its
general obligation school bonds for the purpose of financing
certain capital projects for school purposes; and
NOW; THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. Authorization of Bonds and Use 9~ Proceeds. The City
Council hereby determines that it is advisable to contract a debt
and issue and sell its general obligation school bonds in an
aggregate principal amount not to exceed $2,500,000 (the "Bonds")
for the purpose of financing certain capital projects for school
purposes. The City Council hereby authorizes the issuance and sale
of the Bonds in the form and upon the t~rms established pursuant to
this Resolution.
2. Sale of the Bonds. It is determined to be in the best
interest of the City to accept the offer of the Virginia Public
School Authority (the "VPSA") to purchase from the City, and to
sell to the VPSA, the Bonds at par upon the terms established
pursuant to this Resolution. The Mayor, the City Manager and such
officer or officers of the City as either may designate are hereby
authorized and directed to enter into a Bond Sale Agreement dated
as of October 17, 1995, with the VPSA providing for the sale of the
Bonds to the VPSA in substantially the form submitted to the City
Council at this meeting, which form is hereby approved (the "Bond
Sale Agreement") with such completions, omissions, insertions and
changes not inconsistent with this Resolution as the Mayor or the
City Manager may consider appropriate. The Mayor or the City
Manager shall make such completions, omissions, insertions and
changes in the Bond Sale Agreement not inconsistent with this
Resolution as are necessary or desirable, the execution thereof by
the Mayor or the City Manager to constitute conclusive evidence of
his approval of any such completions, omissions, insertions and
changes.
3. Der&ils of the Bonds. The Bonds shall be issuable in
fully registered form; shall be dated the date of issuance and
delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 1995A"; shall bear interest from the date of
delivery thereof payable semi-annually on each January 15 and July
15 beginning July 15, 1996 (each an "!~terest Payment Date"), at
the rates established in accordance with Section 4 of this
Resolution; and shall mature on July 15 in the years (each a
"Principal Payment Date") and in the amounts set forth on Schedule
I attached hereto (the "Principal Installments"), subject to the
provisions of Section 4 of this Resolution.
4. Interest Rates an~ PrinoiDal Installments. The City
Manager is hereby authorized and directed to accept the interest
rates on the Bonds established by the VPSA, provided that each
interest rate shall be ten one-hundredths of one percent (0.10%)
over the interest rate to be paid by th~ VPSA for the corresponding
principal payment date of the bonds to be issued by the VPSA (the
"VPSA Bonds"), a portion of the proceeds of which will be used to
purchase the Bonds, and provided further, that the true interest
cost of the Bonds does not exceed eight percent (8%) per annum.
The Interest Payment Dates and the Principal Installments are
subject to change at the request of the VPSA. The City Manager is
hereby authorized and directed to accept changes in the Interest
Payment Dates and the Principal Installments at the request of the
VPSA, provided that the aggregate principal amount of the Bonds
shall not exceed the amount authorized by this Resolution. The
execution and delivery of the Bonds as described in Section 8
hereof shall conclusively evidence such interest rates established
by the VPSA and Interest Payment Dates and the Principal
Installments requested by the VPSA as having been so accepted as
authorized by this Resolution.
5. Form of the Bonds. For as long as the VPSA is the
registered owner of the Bonds, the Bond~ shall be in the form of a
single, temporary typewritten bond substantially in the form
attached hereto as Exhibit A.
6. Pa_vment: Pa¥ina aoent and Bon~ Reqistrar. The following
provisions shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of the
Bonds, all payments of principal, premium, if any, and interest on
the Bonds shall be made in immediately available funds to the VPSA
at, or before 11:00 a.m. on the applicable Interest Payment Date or
Principal Payment Date, or if such date is not a business day for
Virginia banks or for the Commonwealth of Virginia, then at or
before 11:00 a.m. on the business day next preceding such Interest
Payment Date or Principal Payment Date.
(b) All overdue payments of principal and, to the extent
permitted by law, interest shall bear interest at the applicable
interest rate or rates on the Bonds.
(¢) , , Virginia, is designated as
Bond Registrar and Paying Agent for the Bonds.
7. No Redemption or Prepayment. The Principal Installments
of the Bonds shall not be s~b~ect, to redemption or prepayment.
Furthermore, the City Council covenants, on behalf of the City, not
to refund or refinance the Bonds without first obtaining the
written consent of the VPSA or the registered owner of the Bonds.
8. ~xeoution of the Bonds. The Mayor or Vice Mayor and the
Clerk or any Deputy Clerk of the City are authorized and directed
to execute and deliver the Bonds and to affix the seal of the City
thereto.
9. Pledae of Full Paith and Credit. For the prompt payment
of the principal of &nd premium, if any, and the interest on the
Bonds as the same shall become due, the full faith and credit of
the City are hereby irrevocably pledged, and in each year while any
of the Bonds shall be outstanding there shall be levied and
collected in accordance with law an annual ad]f~X~j~tax upon all
taxable property in the City subject to local taxation sufficient
in amount to provide for the payment of the principal of and
premium, if any, and the interest on the Bonds as such principal,
premium, if any, and interest shall become due, which tax shall be
without limitation as to rate or amount and in addition to all
other taxes authorized to be levied in the City to the extent other
funds of the City are not lawfully available and appropriated for
such purpose.
10. U~e of Proceeds C~rtificate and certificate as tO
arbitra~e. The Mayor, the City Manager and such officer or
officers of the City as either may designate are hereby authorized
and directed to execute a Certificate as to Arbitrage and a Use of
Proceeds Certificate each setting forth the expected use and
investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the
provisions of the Internal Revenue Code of 1986, as amended (the
"Code"), and applicable regulations relating to the exclusion from
gross income of interest on the Bonds and on the VPSA Bonds except
as provided below. The City Council covenants on behalf of the
City that (i) the proceeds from the issuance and sale of the Bonds
will be invested and expended as set forth in such Certificate as
to Arbitrage and such Use of Proceeds Certificate and that the City
shall comply with the other covenants and representations contained
therein and (ii) the City shall comply with the provisions of the
Code so that interest on the Bonds and on the VPSA Bonds will
remain excludable from gross income for Federal income tax
purposes.
11. State Non-arbitraae Proaram: Prooeeds aareement. The
City Council hereby determines that it is in the best interests of
the City to authorize and direct the City Treasurer to participate
in the State Non-Arbitrage Program in connection with the Bonds.
The Mayor, City Manager and such officer or officers of the City as
either may designate are hereby authorized and directed to execute
and deliver a Proceeds Agreement with respect to the deposit and
investment of proceeds of the Bonds by and among the City, the
other participants in the sale of the VPSA Bonds, the VPSA, the
investment manager and the depository, substantially in the form
submitted to the City Council at this meeting, which form is hereby
approved.
12. Continuin~ Disclosure &~reement. The Mayor, the City
Manager and such officer or officers of the City as either may
designate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix F to the
Bond Sale Agreement, setting forth the reports and notices to be
filed by the City and containing such covenants as may be necessary
in order to show compliance with the provisions of the Securities
and Exchange Commission Rule 15c2-12, with such completions,
omissions, insertions and changes not inconsistent with this
Resolution as the Mayor or the City Manager may consider appropri-
ate. The Mayor or the City Manager shall make such completions,
omissions, insertions and changes in the Continuing Disclosure
Agreement not inconsistent with this Resolution as are necessary or
desirable, the execution thereof by the Mayor or the City Manager
to constitute conclusive evidence of his approval of any such
completions, omissions, insertions and changes.
13. Filin~ of Resolution. The appropriate officers or agents
of the City are hereby authorized and directed to cause a certified
copy of this Resolution to be filed with the Circuit Court of the
City.
14. Further &orions. The members of the City Council and all
officers, employees and agents of the City are hereby authorized to
take such action as they or any one of them may consider necessary
or desirable in connection with the issuance and sale of the Bonds
and any such action previously taken is hereby ratified and
confirmed.
15. Effeotive Date.
immediately.
This Resolution shall take effect
The undersigned Clerk of the.City of Virginia Beach, Virginia,
hereby certifies that the foregoing constitutes a true and correct
extract from the minutes of a meeting of the City Council held on
October 17, 1995, and of the whole thereof so far as applicable to
the matters referred to in such extract. I hereby further certify
that such meeting was a regularly scheduled meeting and that,
during the consideration of the foregoing resolution, a quorum was
present.
WITNESS MY HAND and the seal of the City of Virginia Beach,
Virginia, this day of October, 1995.
Clerk, City of Virginia Beach,
Virginia
VIRGINIA PUBLIC SCHOOL AUTHORITY
BOND SALE AGREEMENT
dated as of October 17, 1995
Name of Jurisdiction (the "Local Unit"):
Sale Date: Not earlier than November 20, nor later than December 7, 1995
Closing Date: On or about December 21, 1995
Principal Amount (Not to Exceed): $
Amortization Period: Up to Twenty (20) Years
1. The Virginia Public School Authority ("VPSA") hereby offers to purchase your general
obligation school bonds in an amount not to exceed the Principal Amount set forth
above from the proceeds of the VPSA's bonds, the sale of which is scheduled to take
place on the Sale Date.
2. You represent that on or before October 17, 1995, your local governing body will have
duly authorized the issuance of your bonds by adopting a resolution in the form
attached hereto as Appendix B (the "local resolution") and that your bonds will be in
the form set forth in the local resolution. Any changes that you or your counsel wish
to make to the form of the local resolution and/or your bonds must be approved by the
VI'SA prior to adoption of the local resolution by your local governing body)
,
You hereby covenant that you will comply with and carry out all of the provisions of the
Continuing Disclosure Agreement in the form attached hereto as Appendix F, which
agreement is hereby incorporated by reference herein and expressly made a part hereof
for all purposes. The VPSA will advise you by September 1 of each year as to whether
you were a Material Obligated Person ("MOP") as of the end of the preceding fiscal
year and will also advise you of your status as a MOP as of any other date upon your
written request.
You hereby covenant that (i) if you are a MOP and (ii) the VPSA is issuing additional
obligations, that you will (a) make such additional filings, if any, as in your judgement
are necessary, with Nationally Recognized Municipal Securities Information
Repositories ("NRMSIRs") and the Municipal Securities Rulemaking Board ("MSRB')
to make the information on file with NRMSIRs and the MSRB true, correct and
complete and (b) deliver to the VPSA upon the date of delivery of its obligations, a
certificate that the information on file, taken together, is true and co. rrect, and did not
The local resolution has been drafted for the issuance of bonds by a County. Bond
counsel will need to make appropriate changes in the local resolution for the issuance
of bonds by a City or Town.
e
e
as of the date of filing, and does not as of the date of delivery of the VPSA obligations,
contain any untrue statement of a material fact or omit to state a material fact which
should be included therein for the purpose for which the filings are to be used, or which
is necessary in order to make the statements contained therein, in light of the
circumstances under which they were made, not misleading.
VPSA's commitment to purchase your bonds is contingent upon VPSA's receipt on the
Closing Date of (a) your bonds which shall include and otherwise meet the Standard
Terms and Conditions contained in Appendix A hereto, (b) certified copies of the local
resolution and the school board resolution (see Appendix E attached hereto), (c) an
executed agreement, among VPSA, you and the other local units simultaneously selling
their bonds to VPSA, Central Fidelity National Bank and Commonwealth Investment
Counsel, Inc., the depository and the investment manager, respectively, for the State
Non-Arbitrage Program ("SNAP"), providing for the custody, investment and
disbursement of the proceeds of your bonds and the other general obligation school
bonds, and the payment by you and the other local units of the allocable, associated
costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs
incurred in connection with your participation in SNAP (the "Proceeds Agreement"),
(d) an executed copy of the Use of Proceeds Certificate in the form attached hereto as
Appendix C, (e) an approving legal opinion from your bond counsel in form satisfactory
to VPSA as to (i) the validity of the bonds and the exclusion frorg gross income for
federal and Virginia income tax purposes of the interest on your bonds, (ii) the
conformity of the terms and provisions of your bonds to the requirements of this Bond
Sale Agreement including the appendices attached hereto, and (iii) the due
authorization, execution and delivery of this Bond Sale Agreement, Continuing
Disclosure Agreement and the Proceeds Agreement, and the validity of the Continuing
Disclosure Agreement and the Proceeds Agreement, (f) a transcript of the other
customary closing documents not listed above, and (g) the proceeds of VPSA's bonds.
Two complete transcripts (one original) of the documents listed above shall be provided
by your counsel to the VI'SA on the Closing Date or, with VPSA's permission, as soon
as practicable thereafter but in no event more than ten (10) business days after the
Closing Date.
This Bond Sale Agreement shall take effect on October 17, 1995.
Virginia Public School Authority
[ name qf locally. ]
By: By:
Authorized VPSA Representative
Nanle:
Title:
(For information only; not pan of the Bond Sale Agreement.)
f:\SH~I~J~\DEB~WS~\t SSUE\95C\B$~.95C
$~t~r 15, 1~95
(ii)
all payments of principal, premium, if any, and interest shall be made in funds
that shall be immediately available to the VPSA on or before 11:00 A.M. on the
applicable interest or principal payment date, or date fixed for prepayment or
redemption, or if such date is not a business day for banks in Virginia or for the
Commonwealth, then on or before 11:00 A.M. on the business day preceding
such scheduled due date. Overdue payments of principal and, to the extent
permitted by law, interest shall bear interest at the applicable interest rates on
your bonds.
Prepayment or Redemption
·
Bonds in the 1995 Interest Rate Subsidy Program will not be subject to redemption or
prepayment. Bonds not issued pursuant to the Interest Rate Subsidy Program shall be
subject to redemption at the option of your governing body. If your governing body
determines that your bonds shall be subject to prepayment or redemption prior to maturity,
your bond resolution shall provide for prepayment or redemption as follows:
The bonds maturing after July 15, 2006 are subject to optional prepayment or
redemption prior to maturity, by [the issuer], from any available moneys, in whole or in
part, on any date on or after July 15, 2006, at the following prepayment or redemption
prices on the following prepayment or redemption dates, plus accrued interest to the
date fixed for prepayment or redemption:
Dates Pric~
July 15, 2006 through July 14, 2007
July 15, 2007 through July 14, 2008
July 15, 2008 through July 14, 2009
July 15, 2009 and thereafter
103%
102
101
100
Provided, however, that the bonds shall not be subject to prepayment or redemption
prior to their respective maturities except with the prior written consent of the
registered owner.
Notice of any such prepaym,~,', ..... ,~,.mp.on shall be given to the registered owner by
registered mail at least 60, but not more than 90, days prior to the date fixed for
prepayment or redemption.
F: \SHAREO\DEBT\VPSA\! SSUE\gSC~AP#XA95C. BSA 2 September 15, 1995
Securi~
Your bonds must constitute valid and binding general obligations for the payment of which
the full faith and credit of the local unit are irrevocably pledged, and all taxable property
within the boundaries of the local unit must be subject to the levy of an ad valorem tax, over
and above all other taxes and without limitation as to rate or amount, for the payment of
the principal of, and premium, if any, and interest on the bonds to the extent other funds
of the local unit are not lawfully available and appropriated for such purpose.
Tax Matters
You shall complete the Questionnaire attached hereto as Appendix D to the Bond Sale
Agreement and send along with the Bond Sale Agreement no later than the close of business
on October 17, 1995 to Gary Ometer, Debt Manager, Virginia Public School Authority, P.O.
Box 1879, Richmond, Virginia 23215-1879. If delivered by hand to, Gary Ometer, Debt
Manager, Virginia Public School Authority, James Monroe Building- 3rd Floor, 101 N. 14th
Street, Richmond, Virginia 23219. You shall execute the Use of Proceeds Certificate in the
form provided in Appendix C attached to the Bond Sale Agreement for receipt by the
VPSA at least three business days prior to the Closing Date?
No Composite Issue
You will covenant not to sell or deliver, without VPSA's consent, any general obligation
bonds which are part of the same common plan of financing (and payable from the same
source of funds) as your local school bonds, beginning, in the case of a sale, 15 days in
advance of and ending 15 days after the Sale Date.
VPSA requires that the Use of Proceeds Certificate be executed separately from the
tax cerffficates prepared by your bond counsel Your bond counsel may also prepare
one or more tax certificates that contain some information found in the Use of
Proceeds Certificate in addition to information such as your reasonable expectaa'ons
as to meeting the requirements to any of the rebate exceptions.
F: \SHARED\DEBT\VPSA\ 1 SSaJE \9~C~APNXAg~C. BSA 3 September 15, 1995
Request and Consent of County_ School Board3
Before the governing body of a County adopts the bond resolution, the County School Board
must first request, by resolution, the governing body to take such action. The County
School Board must also consent to the issuance of bonds by the County. (See form of
resolution in Appendix E attached hereto.)
Pub!i¢ Hearing and Notice
Before the final authorization of your issuance of the bonds by the governing body, the
governing body must hold a public hearing on the proposed issue unless the issuance of such
bonds has been approved at referendum. The notice of the hearing, meeting the
requirements of Section 15.1-227.8, Code of Virginia 1950, as amended, must be published
once a week for 2 successive weeks (notices at least 7 days apart) in a newspaper published
or having general circulation in your locality. The public hearing may not be held less than
6 nor more than 21 days after the date the second notice appears in the newspaper.
Delivery_
VPSA Mil accept delivery of your bonds 0nly in the form of a single, typewritten, temporary
bond, in registered form, payable to VPSA. The form of the bond is included as Exhibit A
to the resolution in Appendix B to the Bond Sale Agreement. On 20 days written notice
from VPSA, you agree to deliver, at your expense, in exchange for the typewritten bond,
bonds in marketable form in denominations of $5,000 or any whole multiple thereof, as
requested by VPSA.
Comprehensive Annual Financial Report
Annually for the life of your bonds, you will be required to submit a copy of your locality's
Comprehensive Annual Financial Report ("CAFR") to the rating agencies referenced below:.
Moody's Investors Service
Public Finance Department
Attention: Edward Krauss
99 Church Street
New York, New York 10007
Fitch Investors Service
Governmental Finance
Attention: Claire G. Cohen
One State Street Plaza
New York, New York 10004
Not applicable to cities and towns. (Section 15.1-22Z41, Code of l,q~'a)
\SHARED\DEBT\VPSA\ISSUE\9~C~,P#XA9SC.BSA 4' September 15, 199~
[Appropriate Changes Will Need to
be Made for Cities and Towns]
APPENDIX B
to the Bond Sale Agreement
Resolution No.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$ GEN'ERAL OBLIGATION SCHOOL BONDS
OF THE COUNTY OF , VIRGINIA, SERIES 1995 ,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, on , 199 , the Commonwealth of Virginia Board of
Education (the "Board of Education") pl~ed the application (the "Application~) of the
School Board of County, Virginia (the "School Board"), for a loan of
$ (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund
established by the Constitution of Virginia (the "Literary Fund"), for the construction,
renovation and expansion of school buildings (the "Project") in County, Virginia
(the "County"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release of Literary
Fund moneys to the School Board and make a commitment to loan such moneys to the
School Board (the "Commitment") within one (1) year of placement of the Application on
the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum
available at least equal to the amount of the Application and the approval, by the Board of
Education, of the Application as having met all conditions for a loan from the Literary
Fund;
WHEREAS, the Board of Education was thereafter to have given advances on the
amount of the Commitment for the Literary Fund Loan to the School Board, as construction
or renovation of the Project p,,3& .... ~, - ...change for temporary notes from the School
Board to the Literary Fund (the ~remporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the total amount
of the Commitment, the Temporary Notes were to have been consolidated into a permanent
loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which
was to evidence the obligation of the School Board to repay the Literary Fund Loan;
~IE~, the Literary Fund Obligation was to have borne interest at percent
( .%) per annum and mature in annual installments for a period of twenty (20) years;
F.\SHARED\DEBTk~\ISSUE\95CvkPNXB95C~ub B- 1 Sep,¢mber 15, 1995
WHEREAS, in connection with the 1995 Interest Rate Subsidy Program (the
"Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase
general obligation school bonds of the County, and the Board of Education has offered to
pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the
sum of (i) net present value difference, determined on the date on which the VPSA sells its
bonds, between the weighted average interest rate that the general obligation school bonds
of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund
Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of
the County (the "Issuance Expense Allowance");
WHEREAS, the Board of Supervisors (the "Board") of the County of ,
Virginia (the "County"), has determined that it is necessary and expedient to borrow not to
exceed $ and to issue its general obligation school bonds for the purpose of
financing certain capital projects for school purposes; and
WHEREAS, the County [held/will hold] a public hearing, duly noticed, on
,1995, on the issuance of the Bonds (as defined below) in accordance wnth the
requirements of Section 15.1-227.8.A, Code of Virginia 1950, as amended (the "Virginia
Code"); and~
WHEREAS, the School Board of the County has, by resolution, requested the Board
to authorize the issuance of the Bonds (as hereinafter defined) and, consented to the
issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF , VIRGINIA:
1. Authorization of Bonds and IJ~e of Pr0ceed$. The Board hereby determines that
it is advisable to contract a debt and issue and sell its general obligation school bonds in an
aggregate principal amount not to exceed $ (the "Bonds") for the purpose of
financing certain capital projects for school purposes. The Board hereby authorizes the
issuance and sale of the Bonds in the form and upon the terms established pursuant to this
Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the County to
accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the
County, and to sell to the VPSA, the Bonds at par upon the terms established pursuant to
this Resolution. The Chairman of the Board, the County [Administrator/Manager], and
such officer or officers of the County as either may designate are hereby authorized and
directed to enter into a Bond Sale Agreement dated as of October 17, 1995, with the VPSA
·
~ Omit and substitute appropriate recitative paragraph if bonds are approved at
referendum.
providing for the sale of the Bonds to the VPSA in substantially the form submitted to the
Board at this meeting, which form is hereby approved (the "Bond Sale Agreement").
3. Detail~ of the Bonds. The Bonds shall be issuable in fully registered form; shall
be dated the date of issuance and delivery of the Bonds; shall be designated "General
Obligation School Bonds, Series 1995 ~"; shall bear interest from the date of delivery
thereof payable semi-annually on each January 15 and July 15 beginning July 15, 1996 (each
an "Interest Payment Date"), at the rates established in accordance with Section 4 of this
Resolution; and shall mature on July 15 in the years (each a "Principal Payment DateM) and
in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject
to the provisions of Section 4 of this Resolution.
4. Interest Rates ,and Principal Installments. The County [Administrator/Manager]
is hereby authorized and directed to accept the interest rates on the Bonds established by
the VPSA, provided that each interest rate shall be ten one-hundredths of one percent
(0.10%) over the interest rate to be paid by the VPSA for the corresponding principal
payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the
proceeds of which will be used to purchase the Bonds, and provided further, that the true
interest cost of the Bonds does not exceed eight percent (8%) per annum. The Interest
Payment Dates and the Principal Installments are subject to change at the request of the
VPSA. The County [Administrator/Manager] is hereby authorized and directed to accept
changes in the Interest Payment Dates and the Principal Installments at the request of the
VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the
amount authorized by this Resolution. The execution and delivery of the Bonds as
described in Section 8 hereof shall conclusively evidence such interest rates established by
the VPSA and Interest Payment Dates and the Principal Installments requested by the
VPSA as having been so accepted as authorized by this Resolution.
5. Form of the Bonds. For as long as the VPSA is the registered owner of the
Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially
in the form attached hereto as Exhibit A.
6. Pa?nent: Paying Agent and Bond Registrar. The following provisions shall apply
to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments
of principal, premium, if any, and interest on the Bonds shall be made in immediately
available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment
Date or Principal Payment Date, or if such date is not a business day for Virginia banks or
for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next
preceding such Interest Payment Date or Principal Payment Date.
(b) All overdue payments of principal and, to the extent permitted by law, interest
shall bear interest at the applicable interest rate or rates on the Bonds.
(c) ,
Paying Agent for the Bonds.
, Virginia, is designated as Bond Registrar and
7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not
be subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of
the County, not to refund or refinance the Bonds without first obtaining the written consent
of the VPSA or the registered owner of the Bonds.
8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any
Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds
and to affLx the seal of the County thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and the interest on the Bonds as the same shall become due, the full faith
and credit of the County, are hereby irrevocably pledged, and in each year while any of the
Bonds shall be outstanding there shall be levied and collected in accordance with law an
annual ad valorem tax upon all taxable property in the County subject to local taxation
sufficient in amount to provide for the payment of the principal of and premium, if any, and
the interest on the Bonds as such principal, premium, if any, and interest shall become due,
which tax shall be wnthout limitation as to rate or amount and in addition to all other taxes
authorized to be levied in the County to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman of
the Board, the County [Administrator/Manager] and such officer or officers of the County
as either may designate are hereby authorized and directed to execute a Certificate as to
Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and
investment of the proceeds of the Bonds and containing such covenants as may be necessary
in order to show compliance with the provisions of the Internal Revenue Code of 1986, as
amended (the "Code"), and applicable regulations relating to the exclusion from gross
income of interest on the Bonds and on the VPSA Bonds except as provided below. The
Board covenants on behalf of the County that (i) the proceeds from the issuance and sale
of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage
and such Use of Proceeds Certificate and that ~ ..... ~ it comply with the other
covenants and representations contained therein and (ii) the County shall comply with the
provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain
excludable from gross income for Federal income tax purposes.
11. State Non-Arbitrage Prowam; Proceeds Aweemcnl. The Board hereby
determines that it is in the best interests of the County to authorize and direct the County
[Treasurer/Director of Finance] to participate in the State Non-Arbitrage Program in
connection with the Bonds. The Chairman of the Board, the County
[Administrator/Manager] and such officer or officers of the County as either may designate
are hereby authorized and directed to execute and deliver a Proceeds Agreement with
F \SHARED\DEB~~\ISSUL::~95~APNXB95C sub B-4 September 15, 1995
respect to the deposit and investment of proceeds of the Bonds by and among the County,
the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager
and the depository, substantially in the form submitted to the Board at this meeting, which
form is hereby approved.
12. Continuing Disclosure A_ffreement. The Chairman of the Board, the County
[Administrator/Manager] and such officer or officers of the County as either may designate
are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set
forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to
be filed by the County and containing such covenants as may be necessary in order to show
compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12.
13. Filing of Resolution. The appropriate officers or agents of the County are
hereby authorized and directed to cause a certified copy of this Resolution to be filed with
the Circuit Court of the County.
14. Further Actions. The members of the Board and all officers, employees and
agents of the County are hereby authorized to take such action as they or any one of them
may consider necessary or desirable in connection with the issuance and sale of the Bonds
and any such action previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the Board of Supervisors of the County of ,
Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the
minutes of a meeting of the Board of Supervisors held on ,1995, and of the
whole thereof so far as applicable to the matters referred to in such extract. I hereby
further certify that such meeting was a regularly scheduled meeting and that, during the
consideration of the foregoing resolution, a quorum was present.
F \SHARED\DEB'~VPSA\ISSUE\95C-~NXBg$C~ub B-5 s~pt~m~f ~s, ~
WITNESS MY HAND and the seal of the Board of Supervisors of the County of
, Virginia, this day of ,1995.
Clerk, Board of Supervisors of
the County of , Virginia
[SEAL]
F.\SHARED\DEBT~VPSA\ISSUE-~95C'V~NXB95C~ub B-6 September 15, 1995
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1 $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF
General Obligation School Bond
Series 1995 ["]
The COUNTY OF , VIRGINIA (the "County"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in
annual installments in the amounts set forth on Schedule I attached hereto payable on July
15, 1996 and annually on July 15 thereafter to and including July 15, 2015 (each a "Principal
Payment Date"), together with interest from the date of this Bond on the unpaid
installments, payable semi-annually on January 15 and July 15 of each year, commencing on
July 15, 1996 (each an "Interest Payment Date"; togeti , _. _,,al.,al Payment Date,
a 'Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject
to prepayment or redemption as hereinafter provided. Both principal of and interest on this
Bond are payable in lawful money of the United States of America.
Letter designation,
]~:\S]-l~RED\DEBT~V]~\]SSUE~95L'~NXB95C~ub A-1 September 15, 199S
For as long as the Virginia Public School Authority is the registered owner of this
Bond, , as bond registrar (the "Bond Registrar"), shall make all payments of
principal, premium, if any, and interest on this Bond, without the presentation or surrender
hereof, to the Virginia Public School Authority, in immediately available funds at or before
11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption.
If a Payment Date or date fixed for prepayment or redemption is not a business day for
banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the
payment of principal, premium, if any, or interest on this Bond shall be made in
immediately available funds at or before 11:00 a.m. on the business day next preceding the
scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the
registered owner of this Bond of said payments of principal, premium, if any, and interest,
written acknowledgment of the receipt thereof shall be given promptly to the Bond
Registrar, and the County shall be fully discharged of its obligation on this Bond to the
extent of the payment so made. Upon final payment, this Bond shall be surrendered to the
Bond Registrar for cancellation.
The full faith and credit of the County are irrevocably pledged for the payment of
the principal of and the premium' if any, and interest on this Bond. The resolution adopted
by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section
15.1-227.25 of the Code of Virginia 1950, as amended, requires, that there shall be levied
and collected an annual tax upon all taxable property in the County subject to local taxation
sufficient to provide for the payment of the principal, premium' if any, and interest on this
Bond as the same shall become due which tax shall be without limitation as to rate or
r:\s~m~n\r, En'r~vP~\~ss~9~c~rx~c~o~, A-2 S~ptemb~r 15, 1995
amount and shall be in addition to all other taxes authorized to be levied in the County to
the extent other funds of the County are not lawfully available and appropriated for such
purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the
Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act
of 1991, Chapter 5.1, Title 15.1, Code of Virginia 1950, as amended, and resolutions duly
adopted by the Board of County Supervisors of the County and the School Board of the
County to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost at the office of the Bond Registrar for an
equal aggregate principal amount of bonds in definitive form having maturities and bearing
interest at rates corresponding to the maturities of and the interest rates on the installments
of principal of this Bond then unpaid, issuable in fully registered form in denominations of
$5,000 and whole multiples thereof. On twenty (20) days written notice from the Virginia
Public School Authority, the County shall deliver, at its expense, this Bond in marketable
form, in exchange for the temporary typewritten Bond.
This Bond is registered in the name of the Virginia Public School Authority on the
books of the County kept by the Bond Registrar, and the transfer of this Bond may be
effected by the registered owner of this Bond only upon due execution of an assignment by
such registered owner. Upon receipt of such assignment and the surrender of this Bond, the
Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such
definitive Bonds to be registered on such registration books in the name of the hssignee or
assignees named in such assignment.
F.\SHARED\DEB~Vl~aA\ISSUE~95~NXB95C. sub A-3 September 15, 1995
The principal installments of this Bond are not subject to redemption or prepayment.
All acts, conditions and things required by the Constitution and laws of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the
issuance of this Bond have happened, exist and have been performed in due time, form and
manner as so required, and this Bond, together with all other indebtedness of the County,
is within every debt and other limit prescribed by the Constitution and laws of the
Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of Superv/sors of the County of
has caused this Bond to be issued in the name of the County of , Virginia, to
be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by
the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated
,1995.
COUNTY OF
VIRGINIA
(SEAL)
ATTEST:
Clerk, Board of
Supervisors of the County of
, Virginia
Chairman, Board of
Supervisors of the County of
, Virginia
~ \s~t~.~n)\D~n'xves~\~ssu~9~c~aem~c,~ A-4 September 15, 1995
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PI.EASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE,
OF ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond
for definitive bonds in lieu of which this Bond is issued and to register the transfer of such
definitive bonds on the books kept for registration thereof, with full power of substitution
in the premises.
Date:
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by a member firm of
the New York Stock Exchange or
a commercial bank or trust
company.)
Registered Owner
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without altera..,~ .......... e,,~.~
v \s~t~mm\Dva~vvs~\msu~9~c~~cs~,b A-5 September 15, 1995
APPENDIX C
to the Bond Sale Agreement
USE OF PROCEEDS CERTIFICATE
In connection with the issuance by [Name of Local Unit] (the "Issuer") of its
$ General Obligation School Bonds, Series 1995__ (the "Bonds"), which
will be purchased by the Virginia Public School Authority CVPSA'') from the proceeds of
the VPSA's $ School Financing Bonds (1991 Resolution), Series 1995 C
(the "VPSA's Bonds"), pursuant to a Bond Sale Agreement dated as of October 17, 1995,
the Issuer recognizes that certain facts, estimates and representations set forth in the
Certificate as to Arbitrage executed by VPSA in connection with the issuance of the VPSA's
Bonds must be based on the representations and certifications of the Issuer and that the
exclusion from gross income for federal income tax purposes of the interest on the VPSA's
Bonds depends on the use of proceeds of the VPSA's and the Issuer's Bonds. Accordingly,
the Issuer hereby covenants that:
Section 1. Description of Project.. The proceeds of the Bonds, including
investment income thereon ("proceeds"), will be used to finance the acquisition, construction,
and equipping of public school facilities of the Issuer (the "Project").
Section 2. Governmental Use of Proceeds. The Issuer covenants the following
with respect to the use of proceeds of the Bonds and the facilities financed therewith:
(a) In General. No more than ten percent (10%) of the proceeds of the
Bonds or the Project (based on the greatest of: 1) the cost allocated on the basis of
space occupied, 2) the fair market value, or 3) the actual cost of construction) has
been, or, so long as the Bonds are outstanding, will be, used in the aggregate for any
activities that constitute a "Private Use" (as such term is defined below in subsection
(d) of this Section 2). No more than ten percent (10%) of the principal of or interest
on the Bonds, under the terms thereof or any underlying arrangement, has been, or,
so long as the Bonds are outstanding, will be, (i) secured by (A) any interest in
property used or to be used for a Private Use or (B) payments in respect of such
property or (ii) derived from payments in respect of propc~. ~, ~.._ o¢ ased for
a Private Use, whether or not such property is a part of the Project.
(b) No Disproportionate or Unrelated Use. With respect to private
business use that is either unrelated or disproportionate to governmental use
financed with proceeds of the Bonds (if any), no more than five percent (5%) of the
principal of or interest on the Bonds, under the terms thereof or any underlying
arrangement, has been, or, so long as the Bonds are outstanding, will be, directly or
F \SHARED\DEBT~VPSA\ISSUL~~NX~¢ BSA
C-1
Septcml:)cr 13, 1995
indirectly (i) secured by (A) any interest in property used or to be used for a Private
Use or (B) payments in respect of such property or (ii) derived from payments in
respect of property used or to be used for a Private Use whether or not such
property is part of the Project.
(c) NO Private Ix?an Financing. No proceeds of the Bonds will be used to
make or finance loans to any person other than to a state or local governmental unit.
(d) Definition of Private Use. For purposes of this Certificate, the term
"Private Use" means any activity that constitutes a trade or business that is carried
on by persons or entities, other than governmental entities. The leasing of property
financed with proceeds of the Bonds or the access of a person or entity other than
a governmental unit to property or services on a basis other than as a member of the
general public shall constitute a Private Use unless the Issuer obtains an opinion of
Bond Counsel to the contrary.
(e) Management and Service Contracts. With respect to service or
management contracts, the determination of whether a particular use constitutes
Private Use under this Certificate shall be determined on the basis of applying
Revenue Procedure 93-19, 1993-1 C.B. 526, or, if applicable, Revenue Procedure 82-
14, 1982-1 C.B. 459, as modified by Section 1301(e) of the Tax Reform Act of 1986.
As of the date hereof, no portion of the proceeds derived from the sale of the Bonds
is being used to finance property subject to contracts or other arrangements with
persons or entities engaged in trade or business (other than state or local
governmental units) that involve the management of property or the provision of
services with respect to property financed with proceeds of the Bonds that do not
comply with the standards of Revenue Procedure 93-19.
Section 3. Time Test and Due Diligence Test. The Issuer has incurred or will
incur within 6 months of the date hereof substantial binding obligations, which are not
subject to contingencies within the control of the Issuer or a related party, to third parties
to expend at least 5% of the net sale proceeds of the Bonds on the Project. The Issuer will
proceed with due diligence to spend all of the proceeds of the Bonds within three years of
the date hereof.
Section 4. Dist>ositions and Chan~e in Use.
(a) No Sale or Disposilion. The Issuer expects to own and operate and
does not expect to sell or otherwise dispose of the Project, or any component thereof,
prior to the final maturity date of the VPSA's Bonds (August 1, 2015), except such
minor parts or portions thereof as may be disposed of due to normal wear,
obsolescence or depreciation in the ordinary course of business. ·
C-2 September 15, 1995
(b) Ghaxtge in Use. The Issuer represents, warrants and covenants that the
facilities financed or refinanced with proceeds of the Bonds will be used for the
governmental purpose of the Issuer during the period of time the Bonds are
outstanding, unless an opinion of Bond Counsel is received with respect to any
proposed change in use of the Project.
(c) Tax Covenant. The Issuer represents, warrants and covenants that it
will take no action that would cause either the Bonds or the VPSA's Bonds to be
private activity bonds within the meaning of Section 141(a) of the Code and that it
will not fail to take any action that would prevent the VPSA's Bonds and the Bonds
from being private activity bonds, within the meaning of Section 14 l(a) of the Code.
Furthermore, the Issuer has established reasonable procedures to ensure compliance
with this covenant.
Section 5. NO Sinking or Pledge Funds. The Issuer has not established and will
not establish any funds or accounts that are reasonably expected to be used to pay debt
service on the Bonds or that are pledged (including negative pledges) as collateral for the
Bonds for which there is a reasonable assurance that amounts on deposit therein will be
available to pay debt service on the Bonds if the Issuer encounters financial difficulty.
Section 6. NO Repla¢¢mcnl Prgceed$.
(a) In General. No portion of the proceeds of the Bonds will be used as
a substitute for other funds that prior to the Issuer's resolving to proceed with the
issuance of the Bonds were used or are to be used to pay any cost of the Project.
(b) Safe Harbor. In accordance with Section 1.148-1(c) of the Treasury
Regulations regarding the safe harbor against the creation of"replacement proceeds",
as of the date hereof, the weighted average maturity of the Bonds does not exceed
120% of the reasonably expected economic life of the Project financed thereby.
Section 7. .No Refunding. The proceeds of the Bonds will not be used to provide
for the payment of any principal of or interest on any obligations of the Issuer, other than
the Bonds, incurred in the exercise of its borrowing power.
Section 8. Composite Issue. There are no other obligations ot me issuer that have
been, or will be (a) sold within 15 days of the Bonds, (b) sold pursuant to the same plan of
financing together with the Bonds, and (c) paid out of substantially the same source of funds
as the Bonds.
Section 9. No Federal Guarantee. The Issuer shall not take or permit any action
that would cause (a) the payment of principal of or interest on the Bonds to be guaranteed,
directly or indirectly, in whole or in part by the United States or any agency or
C-3
S~ptcmber 15, 1995
instrumentality thereof or (b) 5 percent or more of the proceeds of the Bonds to be (i) used
in making loans the payment of principal or interest on which are guaranteed in whole or
in part by the United States or any agency or instrumentality thereof or (ii) invested directly
or indirectly in federally insured deposits or accounts (except as permitted under Section
149(b) of the Internal Revenue Code of 1986, as amended (the "Code"), or the regulations
promulgated thereunder). The Issuer has not, and will not enter into, any (i) long-term
service contract with any federal governmental agency, (ii) service contract with any federal
governmental agency under terms that are materially different from the terms of any
contracts with any persons other than federal government agencies, and (iii) lease of
property to any federal government agency, that would cause the Bonds to be considered
"federally guaranteed" within the meaning of Section 149(b) of the Code.
Section 10. No Hedge Bonds. The Issuer reasonably expects that all of the net sale
proceeds of the Bonds will be used to pay the cost of the Project within three years of the
date hereof. Furthermore, not more than 50 percent of the proceeds of the Bonds will be
invested in Nonpurpose Investments (as such term is defined in Section 148(f)(6)(A) of the
Code) having a substantially guaranteed yield for four years or more.
Section 11. No Overissuance. The total proceeds derived by the Issuer from the
sale of the Bonds and anticipated investment earnings thereon do not exceed the total of
the amounts necessary for the Project.
Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be
applied to the cost of the Project will be used to reimburse the Issuer for expenditures
incurred thereby with respect to the Project in anticipation of the issuance of the Bonds.
The Issuer represents the following with respect to the costs of the Project to be reimbursed
from the proceeds of the Bonds.
(a) Official Intent. The total amount of reimbursed costs incurred by the
Issuer with respect to the Project is not expected to exceed . Such
expenditures were paid prior to the date hereof but no earlier than sixty (60) days
prior to j, 199m, which is the date the Issuer adopted its "official
intent" declaration (the "Official Intent Declaration") in accordance with Section
1.150-2 of the Treasury Regulations. The Official Intent De.
(i) was, on the date of its adoption, intended to constitute a written
documentation on behalf of the Issuer that states that the Issuer reasonably
expected to reimburse itself for such expenditures with the proceeds of a
taxable or tax-exempt borrowing,
(ii) set forth a general description of the Project, and '
C4
September 15, 199~3
(iii) stated the maximum principal amount of debt expected to be
issued for the Project.
The Issuer has taken no action subsequent to the expression of such intent
that would contradict or otherwise be inconsistent with such intent.
(b) Reasonable Official. Intent. As of the date of the Official Intent
Declaration, the Issuer reasonably expected to reimburse such expenditures with the
proceeds of a borrowing. The Issuer does not have a pattern of failing to reimburse
expenditures for which an intention to reimburse such expenditures was declared and
which were actually paid by the Issuer other than in circumstances that were
unexpected and beyond the control of the Issuer.
(c) .Reimbursement Period Requirement. The proceeds derived from the sale
of the Bonds to be applied to reimburse the above-described expenditures will be so applied
no later than the later of the date that is (i) eighteen (18) months after the date on which
the expenditure being reimbursed was paid, or (ii) eighteen (18) months after the date on
which the portion of the Project to which such expenditure relates was placed in service
within the meaning of Section 1.150-2 of the Treasury Regulations or abandoned. The
Issuer shall not, however, use Bond proceeds to reimburse the above-described expenditures
later than three (3) years after the date the original expenditure was paid.
(d) Reimbursable Expenditures. The expenditures to be reimbursed are
either (i) capital expenditures (within the meaning of Section 1.150-1 (b) of the
Treasury Regulations), (ii) costs of issuance, (iii) certain working capital expenditures
for extraordinary, nonrecurring items that are not customarily payable from current
revenues (within the meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury
Regulations), (iv) grants (within the meaning of Section 1.148-6 (d) (4) of the
Treasury Regulations), or (v) qualified student loans, qualified mortgage loans or
qualified veterans' mortgage loans (within the meaning of Section 1.150-1(b) of the
Treasury Regulations). None of the expenditures to be reimbursed were incurred for
day-to-day operating costs or similar working capital items.
None of the proceeds of the Bonds being used" ' ' '- '~,- Issuer for
prior expenditures will be used, directly or indirectly, within one year of the date of
a reimbursement allocation, in a manner that results in the creation of replacement
proceeds (within the meaning of Section 1.148-1 of the Treasury Regulations), other
than mounts deposited in a bona fide debt service fund.
(e) Anti-Abuse Rules. None of the proceeds of the Bonds are being used in
a manner that employs an abusive arbitrage device under Section 1.148-10 of the
Treasury Regulations to avoid the arbitrage restrictions or to avoid the restrictions
under Sections 142 through 147 of the Code.
P \SHA R~D\DEBT~VPSA\i SSUE~ ~N'X~C.~.~A
C-$
Septcm~r 1~, 1995
Section 13. Covenant as to Arbitrage. The Issuer hereby covenants that whether
or not any of the Bonds remain outstanding, the money on deposit in any fund or account
maintained in connection with the Bonds, whether or not such money was derived from the
proceeds of the sale of the Bonds or from any other sources, will not be used in a manner
that would cause the Bonds or the VPSA's Bonds to be arbitrage bonds within the meaning
of Section 148 of the Code and the applicable regulations thereunder.
Date: ,1995
[Name of Local Issuer]
By:
Name:
Title:
F'\SHARED\DEB~VPSA\ISSUE\9~C~NX95C. BSA
C-6
September 13, 1995
APPENDIX D
to the Bond Sale Agreement
CONSTRUCTION EXCEPTION AND
EIGHTEEN MONTH EXCEPTION
TO THE REBATE REQUIREMENT
QUESTIONNAIRE
The purpose of this questionnaire is to elicit facts concerning the expenditure of the
proceeds of the City/County of (the "Issuer") general obligation school bonds
(the "Bonds") in order to make an initial determination that the construction exception from
the rebate requirement provided by Section 148(f)(4)(C) of the Internal Revenue Code of
1986, as amended, or the eighteen month exception from the rebate requirement provided
by Section 1.148-7(d) of the Treasury Regulations is available.
Please supply the information requested below and send this questionnaire to Gary
Ometer, Debt Manager, Virginia Public School Authority, P. O. Box 1879, Richmond,
Virginia 23215-1879, for receipt no later than October 17, 1995, with a copy to your bond
counsel.
,
Briefly describe the project (the "Project") to be financed with the proceeds of the
Bonds.
2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds.
(b) Indicate the amount that you reasonably expect to receive from the investment
of the Bond proceeds prior to spending all of the Bond proceeds set forth above in
Question 2 (a).
(c) Indicate the amount of proceeds derived from the sale of the Bonds that you
expect to use to finance the issuance costs of the Bonds. (e.g. your legal fees)
ge
(d) The amount set forth in Questions 2(a) plus the amount set forth in Question
2(b) reduced by the amount set forth in Question 2(c) equals
$ . This amount is hereinafter referred to as "Available
Construction Proceeds".
Indicate the amount of money, other than the Available Construction Proceeds of the
Bonds, that will be applied toward the cost of the Project and the expected source
of such money. Indicate what such money will be used for.
Indicate, by principal components, your current estimates of the cost for the
acquisition and construction of the Project that w~ll be financed with the Available
Construction Proceeds of the Bonds, including:
(a) Acquisition of Interest in
Land
(b) Acquisition of Interest in
Real Property~
(c) Acquisition and/or Installation
of Tangible Personal Property~
(d) Site Preparation
(e) Construction of Real Property3
(f) Reconstruction of Real Property4
(g) Rehabilitation of Real Property~
(h) Construction of Tangible
Personal Propert3P
(i) Specially developed computer
software?
(j) Interest on the Bonds during
Construction
(k) Other (please specify).
(1) Total $
(Note: The sum of the mounts described in (a) through (k) must equal the amount
of Available Construction Proceeds of the Bonds set forth in Question 2(d).)
1-7 See the Endnotes on pages D-7 and D-8.
F: \SHARED ~DEBT\VPSA\ I SSUE\95C~PNXD95C. BSA
September 15o 1995
D-2
e
(a)
Have you borrowed, directly or indirectly, (such as through an industrial
development authority) any money, either through a tax-exempt bank loan, a
bond anticipation note, any tax-exempt or taxable obligation or otherwise (a
"loan"), to pay for the Project costs?
Yes No
(b)
Do you intend to use the proceeds of the Bonds to refinance or repay any
loan used to finance the Project costs?
Yes No
(c) If the answer to Question 5(b) is "Yes", please indicate the following:
(i)
(ii)
(iii)
(i,,)
(v)
Amount of loan:
Date of loan:
Maturity date of loan:
Interest rate of loan:
Name of lender:
(d)
If the answer to question 5(a) or (b) is "Yes", did you use the proceeds of the
loan to reimburse yourself for expenses paid w/th respect to the Project before
the loan was obtained?
Yes No
e
(a)
Do you intend to reimburse yourself from the proceeds of the Bonds for
Project costs advanced from your General Fund or other available sources?
Yes No
F: \SHARED~DEBT\VPSA\ ISSUE \95C~AP#XD95C. BSA
September 15, 1995
D-3
,
,
9,
(b)
If the answer to Question 5(d) or Question 6 (a) is "Yes', with respect to all
such expenditures, please indicate the amount of such expenditure, when such
expenditure was paid and the purpose of the expenditure (i.e., architectural
fees, engineering fees, other construction costs):
(i) Amount expended $
(ii) Date of expenditure:
(iii) Purpose of expenditure:
(Note: if you intend to reimburse yourself for more than one expenditure,
please attach a rider setting forth: (i) amount expended, (ii) date of
expenditure, and (iii) purpose of expenditure)
If the answer to Question 5(d) or 6(a) is "Yes" please attach a copy of any other
evidence of your intention to reimburse yourself with the proceeds of a borrowing
such as the earliest possible resolution, declaration or minutes of a meeting. Include
the date such resolution was adopted, meeting was held or declaration made.
Indicate whether the total of the amounts shown in 4(d) through (i) on page D-2 is
at least 75% of the amount of Available Construction Proceeds (i.e., 75% of the
amount in 4(1). .
Yes No
If the answer to Question 8 is "Yes", answer Question 9 and skip Question 10.
If the answer to Question 8 is "Now, skip Question 9 and answer Question 10.
(a)
Assuming the Bonds are delivered on December 21, 1995 and funds are made
available to you on that date, please complete the following schedule
indicating the amount of Available Construction Proceeds that the
City/County expects to expend and disburse during the
periods:
From December 21, 1995 to June 21, 1996
From June 22, 1996 to December 21, 1996
From December 22, 1996 to June 21, 1997
From June 22, 1997 to December 21, 1997
$ 8
Total9
11 i
8 and 9 See the Endno~c~ on ~ D-8.
F: \$FIARED \DEBT \VPSA\ I $SUE\95C~AP~IXD95C. BSA
September 15, 1995
D4
i
e
e
e
10.
of the capitalizable cost is attributable to property acquired by the Issuer (e.g.,
components, raw materials and other supplies).
Specially developed computer software means any programs or routines used to cause
a computer to perform a desired task or set of tasks, and the documentation required
to describe and maintain those programs, provided that the software is specially
developed and is functionally related and subordinate to real property or other
constructed personal property.
Include amounts expended prior to December 21, 1995 and approved by your bond
counsel for reimbursement from your bond proceeds. This does not include any
amount used to refinance or repay any loan.
Total should equal the amount in 4(1).
Include amounts expended prior to December 21, 1995 and approved by your bond
counsel for reimbursement from your bond proceeds. This does not include any
amount used to refinance or repay any loan.
F: \SITAR ED \DEBT \VPSA\ I SSUE \9~CV~#XO9~C. BSA
September 15, 1995
1'% Q
APPENDIX E to the
Bond Sale Agreement
RESOLUTION REQUESTING THE BOARD OF
SUPERVISORS TO ISSUE GENERAL
OBLIGATION SCHOOL BONDS FOR SCHOOL
PURPOSES AND CONSENTING TO THE
ISSUANCE THEREOF
BE IT RESOLVED:
1. The School Board of the County of hereby (i) requests,
pursuant to Section 15.1-227.41 of the Code of Virginia, 1950, as amended (the "Code"), that
the Board of Supervisors of the County of issue its general obligation school
bonds in an aggregate principal amount not to exceed $ (the "Bonds") for the
purpose of financing certain capital projects for school purposes and (ii) consents, pursuant
to Section 15.1-227.39.B of the Code and Article VII, Section 10(b) of the Constitution of
Virginia, to the issuance of the Bonds.
2. This resolution shall take effect immediately.
F'\$~RED\D~VPSA\ ! SS[IE \~SC~AP#XE~C. BSA
APPENDIX F
to the Bond Sale Agreement
CONTINUING DISCLOSURE AGREEMENT
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if and only if the Local Issuer is or has become and
remains a "Material Obligated Person", as defined below]
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and
delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance
by the Virginia Public School Authority (the "Authority") of $ aggregate principal
amount of its School Financing Bonds (1991 Resolution), Series 1995 C (the "1995 C
Bonds") pursuant to the provisions of a bond resolution (the "1991 Resolution") adopted on
June 26, 1991, as ratified, supplemented, amended and restated by the Board of
Commissioners of the Authority. The Series 1995 C Bonds and all other parity bonds
heretofore and hereafter issued under the 1991 Resolution are collectively called the
"Bonds". The proceeds of the 1995 C Bonds are being used by the Authority to purchase
certain general obligation school bonds ("Local School Bonds") of the Local Issuer pursuant
to a bond sale agreement between the Authority and the Local Issuer (the "Bond Sale
Agreement"). Pursuant to paragraph 3 of the Bond Sale Agreement, the Local Issuer
hereby covenants and agrees as follows:
SECTION 1. Purp. ose of the Disclosure Agreement.. This Disclosure Agreement is
being executed and delivered by the Local Issuer for the benefit of the holders of the 1995
C Bonds and in order to assist the Participating Underwriters (defined below) in complying
with the Rule (defined below). The Local Issuer acknowledges that it is undertaking
primary responsibility for any repons, notices or disclosures that may be required under this
Agreement.
SECTION 2. Definitions. In addition to the definitions set forth in the 1991
Resolution, which apply to any capitalized term used in this Disclosure Agreement unless
otherwise defined in this Section, the following capitalized terms shall have the following
meanings:
"Annual ReportM shall mean any Annual Report provided by the Local Issuer
, ~. :~.s described in, Sections 3 and 4 of this Disclosure Agreement.
"bond sale agreement' shall mean the Bond Sale Agreement and any other
comparable written commitment of the Local Issuer to sell local school bonds to the
Authority.
"Dissemination Agent" shall mean the Local Issuer, acting in its capacity as
Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing
by such Local Issuer and which has filed with such Local Issuer a written acceptance of such
designation.
"Filing Date" shall have the meaning given to such term in Section 3(a) hereof.
"Fiscal Year" shall mean the twelve-month period at the end of which financial
position and results of operations are determined. Currently, the Local Issuer's Fiscal Year
begins July 1 and continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is
a record owner or beneficial owner of a 1995 C Bond.
"Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the
Rule.
"local school bonds" shall mean any of the Local School Bonds and any other bonds
of the Local Issuer held to the credit of the 1991 Purchase Fund under the Authority's 1991
Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local
school bonds outstanding in an aggregate principal amount that exceeds 10% of the
aggregate principal amount of all outstanding Bonds of the Authority.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule.
"Participating Underwriter" shall mean any of the original underwriters of the
Authority's 1995 C Bonds required to comply with the Rule in connection with the offering
of such Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission
~ ; .~ .... ,;cs ~:~change Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private depository or entity designated
by the State as a state depository for the purpose of the Rule. As of the date of this
Agreement, there is no State Repository.
2vm0.~ 2
SECTION 3. Provision of Annual Reports.
(a) The Local Issuer shall, or shall cause the Dissemination Agent to,
provide to each Repository an Annual Report which is consistent with the requirements of
Section 4 of this Disclosure Agreement. Such Annual Report shall be filed on a date (the
"Filing Date") that is not later than 12 months after the end of any Fiscal Year (commencing
with its Fiscal Year ending June 30, 1996) as of the end of which such Local Issuer was a
MOP, unless as of the Filing Date the Local Issuer is no longer a MOP.~ Not later than
ten (10) days prior to the Filing Date, the Local Issuer shall provide the Annual Report to
the Dissemination Agent (if applicable) and shall provide copies to the Authority. In each
case, the Annual Report (i) may be submitted as a single document or as separate
documents comprising a package, (ii) may cross-reference other information as provided in
Section 4 of this Disclosure Agreement and (iii) shall include the Local Issuer's audited
financial statements or, if audited financial statements are not available, such unaudited
financial statements as may be required by the Rule. In any event, audited financial
statements of such Local Issuer must be submitted, if and when available, together with or
separately from the Annual Report.
(b) If the Local Issuer is unable to provide an Annual Report to the
Repositories by the date required in subsection (a), the Local Issuer shall send a notice to
the Municipal Securities Rulemaking Board in substantially the form attached hereto as
Exhibit A.
SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual
Report required to be filed hereunder shall contain or incorporate by reference, at a
minimum, annual financial information relating to the Local Issuer, including operating data,
(i)
updating such information relating to the Local Issuer as shall have been included
or cross-referenced in the final Official Statement of the Authority describing the
Authority's 1995 C Bonds or
(ii)
if there is no such information described in clause (i), updating such information
relating to the Local Issuer as shall have been included or cross-referenced in any
,.omparable disclosure document of the Local Issuer relating to its tax-svpp',," '
obligations or
The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer
within 60 days of the end of each Fiscal Year if such Local Issuer was a Mater/al
Obligated Person as of the end of such Fiscal Year. Upon written request, the
Authority will also advise the Local Issuer as to its status as a MOP as of any other
date.
2297503 3
(iii)
if there is no such information described in clause (i) or (ii) above, initially setting
forth and then updating the information referred to in Exhibit B as it relates to the
Local Issuer, all with a view toward assisting Participating Underwriters in
complying with the Rule.
Any or all of such information may be incorporated by reference from other documents,
including official statements of securities issues with respect to which the Local Issuer is an
"obligated person" (within the meaning of the Rule), which have been filed with each of the
Repositories or the Securities and Exchange Commission. If the document incorporated by
reference is a final official statement, it must be available from the Municipal Securities
Rulemaking Board. The Local Issuer shall clearly identify each such other document so
incorporated by reference.
SECTION 5. Reporting of Listed Evenly. Whenever the Local Issuer is a Material
Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and
obtains knowledge of the occurrence of a Listed Event, and if such Local Issuer has
determined that knowledge of the occurrence of a Listed Event with respect to its local
school bonds would be material, such Local Issuer shall promptly file a notice of such
occurrence with each National Repository or the Municipal Securities Rulemaking Board
and each State Repository, if any, with a copy to the Authority.
SECTION 6. Termination of Rcpgrting Obligation. The Local Issuer's obligations
under this Disclosure Agreement shall terminate upon the earlier to occur of the legal
defeasance or final retirement of all the Local School Bonds.
SECTION 7. Dissemination Agent. The Local Issuer may, from time to time,
appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this
Disclosure Agreement and may discharge any such Agent, with or without appointing a
successor Dissemination Agent. The Local Issuer shall advise the Authority of any such
appointment or discharge. If at any time there is not any other designated Dissemination
Agent, the Local Issuer shall be the Dissemination Agent. [The initial Dissemination Agent
shall be .]
SECTION 8. .Am~n0menl. Notwithstanding any other provision of this Disclosure
Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has
been ~p? .... - ~ '~ ':.~'iting by the Authority and is supported by an opinion of independent
counsel, acceptable to the Authority, with expertise in federal securities laws, to the effect
that such amendment is permitted or required by the Rule.
SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall
be deemed to prevent the Local Issuer from disseminating any other information, using the
means of dissemination set forth in this Disclosure Agreement or any other means of
communication, or including any other information in any Annual Report or notice of
occurrence of a Listed Event, in addition to that which is required by this Disclosure
22~.3 4
Agreement. If the Local Issuer chooses to include any information in any Annual Report
or notice of occurrence of a Listed Event, in addition to that which is specifically required
by this Disclosure Agreement, such Local Issuer shall have no obligation under this
Agreement to update such information or include it in any future Annual Report or notice
of occurrence of a Listed Event.
SECTION 10. Default. Any person referred to in Section 11 (other than the Local
Issuer) may take such action as may be necessary and appropriate, including seeking
mandate or speofic performance by court order, to cause the Local Issuer to file its Annual
Report or to give notice of a Listed Event. The Authority may, and the holders of not less
than a majority in aggregate principal amount of Bonds outstanding may, take such actions
as may be necessary and appropriate, including seeking mandate or specific performance by
court order, to challenge the adequacy of an information provided pursuant to this
Disclosure Agreement, or to enforce any other obligation of the Local Issuer hereunder.
A default under this Disclosure Agreement shall not be deemed an event of default under
the applicable resolution or bonds of the Local Issuer, and the sole remedy under this
Disclosure Agreement in the event of any failure of the Local Issuer to comply herewith
shall be an action to compel performance. Nothing in this provision shall be deemed to
restrict the rights or remedies of any holder pursuant to the Securities Exchange Act of
1934, the rules and regulations promulgated thereunder, or other applicable laws.
SECTION 11. Beneficiaries. This Disclosure Agreement shall inure solely to the
benefit of the Authority, the Local Issuer, the Participating Underwriters, and holders fi.om
time to time of the Authority's Bonds, and shall create no rights in any other person or
entity.
SECTION 12. Countcrpart~. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and
the same instrument.
Date:
[LOCAL ISSUER]
By.
EXHIBIT B
CONTENT OF ANNUAL REPORT
Description of the Local Issuer. A description of the Local Issuer including a summary of
its form of government, budgetary processes and its management and officers.
Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other
debt including a historical summary of outstanding tax-supported debt; a summary of
authorized but unissued tax-supported debt; a summary of legal debt margin; a summary of
overlapping debt; and a summary of annual debt service on outstanding tax-supported debt
as of the end of the preceding fiscal year. The Annual Report should also include (to the
extent not shown in the latest audited financial statements) a description of contingent
obligations as well as pension plans administered by the Local Issuer and any unfunded
pension liabilities.
Financial Data. Financial information respecting the Local Issuer including a description
of revenues and expenditures for its major funds and a summary of its tax policy, structure
and collections as of the end of the preceding fiscal year.
Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan.
Demographic, Economic and Supplemental Information. A summary of the Local Issuer's
demographic and economic characteristics such as population, income, employment, and
public school enrollment and infrastructure data as of the end of the preceding fiscal year.
The Annual Report should also include a description of material litigation pending against
the Local Issuer.
- 25 -
Item/-v'-J. 1.
CONSENT ,4GENDA
ITEM # $9882
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 34 of the Code of the
City of Virginia Beach re swimming pools to incorporate and comply
with the provisions of the Virginia Uniform Statewide Building Code and
the Virginia Board of Health Swimming Pool Regulations
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W
Harrison, Jr., Itarold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
Louisa M. Strayhorn
Council Lady Parker ABSTAINED on Item J. 1 - Ordinances re Swimming Pool regulations in order
to not have the appearance of a conflict, as she and her husband are owners of Parker Pools.
October 17, 1995
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AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 34
OF THE CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING TO SWIMMING POOLS TO INCORPORATE
AND COMPLY WITH THE PROVISIONS OF THE VIRGINIA
UNIFORM STATEWIDE BUILDING CODE AND THE
VIRGINIA BOARD OF HEALTH SWIMMING POOL
REGULATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 34 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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ARTICLE 1. IN GENERAL
Sec. 34-1. Title.
This chapter shall be known and cited as the "Virginia Beach
Swimming Pool Ordinance."
Sec. 34-2. Scope.
(a) The Virginia Board of Health Swimming Pool Regulations
and the Virginia Uniform Statewide Building Code, as amended,
including all future amendments thereto and editions thereof, and
all model building codes and portions of other model codes or
standards which are, or may hereinafter be, referenced, adopted or
incorporated therein, are hereby adopted and incorporated by
reference into this chapter of the Code of the City of Virginia
Beach.
COMMENT
This s~tion incorporat~ the provi~mn~ o! the Virginia Unitbrm Statewide Building Code ("U.S.B.C.") and
the Vi~inia Board of Health Swimming Pool Regulatmn~ ("Pool R~ulations") which govern the construction
and use of pools.
~ (b) The provisions of this chapter shall apply to all
public swimming pools facilities as indicated and he~ defined in
section 34-3, including but not limited to commercial pools, public
or private school pools, gymnasium pools and health establishment
pools. Public $~wimming pools .......... for which building
permits are issued subsequent to the effective date of this chapter
shall be constructed in accordance with provisions of the Virginia
Uniform Statewide Building Code, fire prevention code, the zoning
ordinance and this chapter. The administrative authority or
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authorized agent shall order reasonable changes in any public pool
or related facility or in its operation if finds any condition(s)
that endanger the life, health or safety of the users of such
public swimming pools facilities. In considering whether to order
such changes, the administrative authority shall consider the
magnitude of the danger, cost of the change(s) required, and the
requirements imposed by this chapter upon newly constructed public
swimming pools facilitics.
( ~ ) Cymna s
(7) Hca
~ ~ / ~VAA~VALL~AA~ ~Z~L
COMh~NT
This ~endment clarifi~ the scope of this chapter as set t~rth in the U.S.B.C. Many of the terns eliminated
in lerner subsection (b) appear in the U.S.B.C.
a.
a.,.~
· ~ ~ A ~mmm~ A "l "~l~ A ~ ! '1 A A1 I~ ~ A ~""~,l ~ zmm~ ~ A ,'mm,~ A~
~,,ZZl~ J ~.A.A..J.~.~l,A.A.l,.., %., J. VA A %.;3. %.AA~ ~%.AA- ~-A %.A %J.L %..~.AA..A.,,~ %.- 1~.~ %..~.AJ~..I..A.~..~AAALL~..A& %.. ~..~.AZA.A. %..~,L ~.J. VAA
~.~.J. '~ rw, m"~.~------.,iJl.~ ~.. A.J. VALL %.-AA~;;- ,L.~J. v v .A.~ J.'~JlZ,..~ %.~. ~.-AJ.i.~ %.-AA~.A~.; %.-GJ. ·
(c) Private swimming pools shall be constructed in accordance
with the provisions of the Virqinia Uniform Statewide Building Code
and the zoning ordinance.
COMMENT
The amendment clarifies that the constructmn of pm'ate swimming pools is governed by the U.S.B.C. and
the zoning ordinance.
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(d) The provisions of the chapter shall apply to all
auxiliary structures and equipment provided and maintained in
connection with public pools, including but not limited to:
(1) Locker rooms·
(2) Shower rooms·
(3) Dressing rooms·
(4) Toilct facilities·
1'7%
% ' I .L .,..L.,,.,.z J,.~ .
~ (4) Disinfecting equipment·
~9+ (5) Safety equipment·
COMMENT
Facilities th.t c~nnot be reRulaled under Ih. U.S.B.C. or the Pool Regulations have been eliminated to avoid
conflict.
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Sec. 34-3. Definitions.
The following definitions shall apply in the interpretation
and the enforcement of this chapter. The word "shall" as used
herein, indicates a mandatory requirement.
Administrative authority. The director of public health or
his authorized agent·
~ .,.,..~,z.,,...~.. ·
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f ...... f ~.,.,,,.,.4 i~ ,..,.,,,~,..,_'-"-'"'"'~ .... ,.,,_,,...,.,_,,,~ ~ '"'" which ~ill~ ....... ................ "- ~"' ll~t ,.,,,.,..,_d'""'4 ~
Hydrostatic relief valve. A valve which, when properly
installed will relieve underground water pressure caused by high
water table under the pool shell.
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Maximum load. The number of bathers permitted in the pool
area, to be determined by dividing the total water surface area in
square feet (or square meters) of the swimming, spa or wading pool
water space by twenty-seven (27) feet (8.18 meters).
Operator or manager. The person appointed or engaged to
conduct the operation and management of the swimming facility.
Pool permit. A permit issued to the facility by the
administrative authority to allow for the operation of the public
pool.
Operator's certificate. A certificate that proves competency
in pool operation issued by a source approved by the administrative
authority.
Owner. The person in whose name the license or use permit is
issued.
Pool management company. Any person, firm, corporation or
association contracting to manage or operate two (2) or more public
swimming pools facilities.
Private swimming pool. Any structure that contains water over
24 inches (610 mm) in depth and which is used, or intended to be
used, for swimming or recreational bathing in connection with an
occupancy in residential use group R-3 and which is available only
to the family and guests of the householder. This includes
residential in-ground, above-ground and on-ground swimming pools,
hot tubs and spas.
Public pool or public swimming pool. Any pool, other than a
private swimminq pool ~4~+~ ~^~ ..... .: .... .:,.,~.:.,..:,~,,.-,-,
~ ~ v~ ~vv ~AL~AL~ Z A~
141 Swimming
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~,AA a%.,~ ~,A~..,%,A .L. ~.~.L. t,.,; vv ./.ALLALt.A.A Aq~ ~.AA A%.A %,4./. ¥ .L.A A~-~ ·
........ ng ........... ~t ^~
~ Water slides/rides. Combination of pools and immersion
troughs carrying water from pool, to pool·
~-~ Wading pool. A pool designed for wading or partial
immersion of the human body which is capable of
impounding water to a depth not greater than twenty-four
(24) inches (0.6 meter) and which is separate from any
other pool within the facility.
~-6oF Spa and hot tubs. Public ~Rools designed for
recreational or quasi-therapeutic use for physiological
and psychological relaxation that include but are not
limited to: hydrojet circulation, hot water, cold water,
mineral baths, air induction systems or any combination
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~AA~ ~~ ~ ~~ ~ZZ~ ~/ AA~ ~ ~ZZ~ ~AA~
COMMENT
Definitions which conflict with tho~e employed in the U.S.B.C. have been eliminated or, in some c~,
modified to mirror the det'inition~ used in the U.S.B.C.
Sec. 34-4. Plans, construction and inspection.
(a) A person proposing to construct, reconstruct or alter a
swimming pool or auxiliary structure or equipment shall submit
legible plans and specifications to the administrative authority
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for review and written approval prior to the issuance of any
building, plumbing or electrical permit.
(b) The administrative authority may require the submission
of such additional information as may be required to determine the
compliance of plans and specifications submitted for approval.
(c) Within ten (10) days of the receipt of final plans and
specifications, the administrative authority shall notify the
person submitting the plans and specifications of their approval or
disapproval.
In addition to these regulations, all applicable ordinances,
including but not limited to plumbing, building, electrical and
zoning shall also apply in the construction, maintenance and
operation of all public swimming pools ~ac ..... cs.
COMMENT
The term "public swimming pools" has been uqed throughout the ordinance in lieu of the term "swimming
facilities" to disti.guish requirements applicable to public pools from those applicable to private pools.
Sec. 34-5. License required; fee.
· '~~ ~~ .... public
(a) No person shall operate a ~ .......... u ....... ~ ~
swimming pool unless an annual permit has been secured from the
administrative authority of the health department. This permit
shall be issued only after approval by the administrative
authority, approval by the electrical and plumbing official,
application and payment to the health department of a fee of fifty
dollars ($50.00) for seasonal operation (four (4) months or less)
and seventy-five dollars ($75.00) for yearround operation. The
operation and maintenance of any public swimming facility pool in
a manner not in accordance with the provisions of this chapter will
be justification for cancellation of this permit.
(b) A public swimming pool permit shall be posted in view of
the public at the swimming pool involved.
(c) No public swimming pool permit shall be transferable and
any person holding such a permit shall give notice in writing, to
the administrative authority within twenty-four (24) hours after
having sold, transferred, given away or otherwise disposed of his
interest in or control of the pool involved. Such notice shall
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include the name and address of the person succeeding to the
ownership or control of such pool.
Sec. 34-6. Inspections.
The administrative authority shall have the power to enter, at
reasonable times, upon any private property for the purpose of
inspecting and investigating conditions relating to the enforcement
of this chapter or regulations adopted pursuant thereto.
In addition to the inspections required by the department of
planning, division of permits and inspections, all piping and
appurtenances included in the recirculation and filter system shall
be inspected prior to covering. All piping shall be tested at the
time of inspection
............. ~ f~.~ ~ ~ ~ ....... pursuant to
the Virginia Uniform Statewide Building Code.
Sec. 34-7. Owner's certificate.
(a) To secure a pool permit, each public pool shall have a
person employed who holds a valid operator's certificate issued by
a source approved by the administrative authority. Operator's
certificate shall be issued only to an individual over the age of
sixteen. An applicant for an operator's certificate shall
demonstrate basic knowledge of the water treatment process in
public swimming facilitics pools. Presentation of a certificate
from a swimming pool operators' training course acceptable to the
administrative authority shall constitute demonstration of such
knowledge.
(b) Every public pool shall have a person on premises at all
times during periods of operation, who is fully capable of and
shall assume responsibility for compliance with all requirements
relating to pool operation, maintenance and safety of bathers.
(c) Routine (e.g., daily and weekly) operating procedures
shall be permanently posted in a location accessible to and
frequented by the operator.
(d) Manufacturer's instructions for operation and maintenance
of mechanical and electrical equipment shall be kept available for
the operator.
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(e) No public pools shall be used or available for use until
all requirements of sections 34-5 and 34-7 are complied with.
(a) If the administrative authority finds that the health and
safety of those who utilize a public swimming~~~-~-- pool is
endangered, due to improper operation or continued or flagrant
violation, he may order the immediate suspension of thef~l~t~~-~ ~ "'-~
..... ~- pool's permit until such time as he finds that the danger
no longer exists. No person shall operate any public swimming
facility pool when subject to an order of suspension.
(b) The administrative authority shall notify the owner, in
writing, stating the reason(s) for the suspension. The owner shall
have the right to appeal the suspension to the administrative
authority. However, such appeal shall not affect the order for
suspension until such time that the appeal is heard and the order
changed. The owner may request a reinspection when the
condition(s) causing the suspension has been corrected. Upon
compliance with the requirements of this chapter, the suspension
shall be removed.
(c) Any person aggrieved by the refusal to grant, or by the
revocation or suspension of the~~-~.. permit of a swimming
~~~~" pool, shall have the right to appeal therefrom to the
circuit court of the City of Virginia Beach after an administrative
hearing.
Bec. 34-9. Violations_ of ~..-~-~--~--._. provisions qoverninq
prosecutions, notice, etc..
........ ~ ......... z ~ ....... The provisions of
Volume I of the Virginia Uniform Statewide Building Code shall
govern the prosecution of violations relating to the design and
construction of swimming pools and installation of related
equipment.~ ~ A violation of any other provision of this chapter
shall constitute a Class 3 misdemeanor and every failure, refusal
or neglect to fully and completely comply with the provisions of
277
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281
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283
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285
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292
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295
296
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301
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304
305
306
307
308
this chapter and each day's continuance thereof beyond the time
specified shall constitute a separate offense.
COMMENT
This paragraph has been amended to clarify that violations relating to the construction and design of
swimming pools shall be prosecuted pursuant to the provisions of the U.S.B.C.
COMMENT
This paragraph has been eliminated becau,,e it appear,, in section 112.5 of the U.S.B.C.
Sec. 34-10. Pool management companies; duties.
Ail pool management companies, within ten (10) days after
i ti ~"~~ ~~" i shall
commenc ng opera on of a ............ ~ ....... ~ publ c pool,
provide the administrative authority with the names and locations
of all facilities public pools they operate in Virginia Beach and
the names, telephone numbers and addresses of their operating
personnel. Such companies shall be responsible for assuring
compliance with section~ 34-~ 5 and 34-7 of this chapter.
Sec. 34-11. Applicability of chapter to existing pools.
The structural and equipment provisions and requirements of
this chapter shall not apply to anyo.'"' · "~.~,,~,,~.~,~--~' ~ public pool
constructed prior to the effective date of Ordinance No. 391 from
which this chapter was originally derived, except as follows:
(1) Any alteration, placement or replacement of any equipment
shall comply with such requirements.
(2) The provisions and requirements of this chapter with
respect to operational procedures and standards, chemical feeding
ip ~ ~ ~ ~-~ ~ ~ ~ ~ ~-~ and
equ ment, fiow meters, pressure gauges,
lifeguards shall be complied with by all public swimming pools,
regardless of date of construction.
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
COM M ENT
Former subsection (3) wa,, eliminated because ,t contlicted with Sections 421.9-421.10 of the U.S.B.C.
pertaining to fences and enclo,,ures t'or pubhc and private swimming pools.
(4) Required structural or equipment alterations may be
exempted if no danger is posed to the public's health and safety.
(3) The administrative authority may qrant modifications to
any of the provisions of this chapter which are not under the
jurisdiction of the Virqinia Uniform Statewide Building Code.
COMMENT
Former subsection (4) has been replaced with new subsection (3) pertaining to the building official's authority
to grant modifications to any of the provismns of this chapter which are not governed by the U.S.B.C. The
U.S.B.C. allows the building official to grant modifications to the building code administratively.
·
Sec. 34-12. ~-~fllcts
Reserved.
COMMENT
This section was eliminated because the regulatmns referenced therein ~vere repealed several years ago by the
General Assembly. Accordingly, tbi,~ section ~,, no hmger needed.
sec.
Should any article, section,
phrase of this chapter be declared
jurisdiction, such decision shall
chapter in its entirety
declared to be invalid.
Secs. 34-14--34-20. Reserved.
34-13. Severability clause.
subsection, sentence, clause or
invalid by a court of competent
not affect the validity of the
or of any part thereof other than that so
341
342
Sec. 34-21.
ARTICLE II.
Location.
DESIGN AND CONSTRUCTION
10
343 The location of a swimming pool shall
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346
347
348
349
35O
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352
353
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356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
accordance with the provisions of the Virginia Uniform Statewide
Buildinq Code.
COMMENT
This section was amended to comply with Section 421.4 of the U.S.B.C. pertaining to the location of
pools.
Sec. 34-22. Aeeess Reserved.
'~ for *~ ~-~~ ~ cmcrgency ~-~ ..... ~ yah~-
prOVl ..................................... ,
~.~ ........... ~crsonnc~. ....~ thc ~ ................. ~o
t~ ~ ndocr ~ .... ~
............. ............ pools shall
---~ ~-~-~-- thc most direot route to
COhlMENT
This section was eliminated because it contlicts with Sections 421.10.1-421.10.2 of the U.S.B.C. pertaining
to acc~s to the pool area.
Sec. 34-23. ~ Reserved.
v ~Az~ ~AA~ ~ ~AA~
COMMENT
This section pertaining to security waq originally placed in Article II which concer~ the d~ign and
co~truction of pools. Accordingly, the section haq been placed in Article III, Section 34-69 pertaining to
the manner of operation of public sw,nnung pools.
Sec. 34-24. ;';:tcr supply Reserved.
~ ........ ~ of "~tcr ........... ~ by +~ ~-~t~t
v ~AA~ ~v~ ~ ~ ~ ~ ~ ~v~ ~AA~ ~Att~al~ ~ ~ ~ v~
11
377
3 78 COMMENT
3 7 9 This section was eliminated because it appears in Section 421.6 of the U.S.B.C.
~ ....... ~ ..... ~ ~ Reserved
380
Sec.
34-25
381
382
383
38 4 COMMENT
385 This section was eliminated because ,t conll:tts wroth the provision of Section 421.6.1 of the U.S.B.C.
386 Sec. 34-26. Shape.
387
Pools may be of any dimension or shape; provided that
388 satisfactory recirculation of water can be obtained and undue
389 hazards to bathers are absent.
390 Sec. 34-27. ~-i .... ~ .... ~4 .... ~__4~. Reserved.
391
392
393
394
395
396
397
398
4~~ finish that will w ............ ~ ........... zng,
399 watcrproof .... ~ or 4~~ ..... ~^~ ~ .... ~'
400
401
'"~'-~ comp ..... z line the pool to thc t:tlc 1~ ...... ~'"
402
~.w L.,~ A A %,.. ,J..L. ~ V w,.. A. w,,.. %.4
403
color The finish oolor shall
.
404 ~- '
405
406
407
408
409
(5) ~^ ~^ ^~
...... ~ ~ spa steps.
12
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
COMMENT
This section was eliminated because it conflicts with the U.S.B.C. requirement regarding the manner of
construction.
Sec. 34-28. Recirculation systems.
(a) Filter room. Public pools shall be provided with a
structure or room to contain the filtration equipment, pumps and
other recirculation system appurtenances, and disinfection
equipment. The room shall be finished in a light color and be
constructed of materials which are impervious to water and
chemicals necessary for the operation of the pool. Adequate
illumination of twenty (20) footcandles measured twenty-four (24)
inches (61 centimeters) above floor level, shall be provided by a
minimum of two (2) vapor proof lighting fixtures. The floor of
the filter room shall be designed to provide for an adequate
drainage with a minimum floor slope of 1:50 and a maximum of 1:24
to the drain and shall be kept dry, particularly in the vicinity
of electrical panels. The filter room shall be adequately cross-
ventilated and all equipment shall be installed so that it is
convenient to operate and repair. Adequate headroom shall be
provided above all filters. The provision of any facility for
discharging filter backwashing water into the filter room floor
is prohibited. The room shall be provided with a door(s) of
sufficient width to permit the removal of equipment, and shall be
capable of being secured against entry by unauthorized persons.
The entrance to the filter room shall be adjacent to the pool
13
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
area or so located that the operator can enter the room without
having to exit the enclosed pool area.
..,..L.,l~,~...~.~ vv .& ,..zz '"'* '" '~
shall bc-~d~ for ~-~ ...... ~ ~~ m~ .... ~ ..... 1 t~
v t
..... ~ to +~ fcl~ .... ~ ~~
~ V ~ZZ~ ~ · · · · AA~ ·
~ ~AL~ALL~AA~ ~ · · · · ~ AA~ ·
Tralnln~ pool .... 4 hr.
e1~aa~ ~ · e · · ZZ~ ·
COhlhlENT
Subsection (b) was eliminated becauqe it contlicts with Section 421.6.1 of the U.S.B.C.
~ (b) Filters. The recirculation system shall be
equipped with a filtration system that will filter the entire
contents of the pool at the required rate. Filtration equipment
shall be operated continuously twenty-four (24) hours per day.
Design criteria for the indicated type of filters shall be as
follows:
(1) Rapid sand filter. A filter utilizing sand as the
filter media, with filtration flow rate not exceeding three (3)
gallons per minute per square foot (122 liters per minute per
square meter) of filter area. The backwash rate of flow shall be
three (3) times the filtration rate.
(2) Anthracite filter. A filter utilizing anthracite
as a filter media, with filtration flow rate not exceeding three
(3) gallons per minute per square foot (122 liters per minute per
square meter) of filter area. The backwash rate of flow shall be
three (3) times the filtration rate.
14
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
5O8
509
510
511
512
513
514
(3) High rate filter. A filter utilizing a media
capable of filtration at a high rate of flow. The rate of flow
shall be greater than five (5) gallons per minute per square foot
(203.7 liters per minute per square meter) of filter area. The
backwash rate of flow shall be the same as filtration rate.
(4) Diatomaceous earth filter. A filter utilizing
diatomaceous earth as a filter media. There are two (2) types of
these filters.
a. Pressure or vacuum-type. A diatomaceous earth
filter through which the rate of flow does not exceed two (2)
gallons per minute per square foot (81.5 liters per minute per
square meter).
b. Pressure or vacuum-type with slurry feeder. A
filter equipped to continuously feed a diatomaceous earth
suspension and having a rate of flow not exceed three (3) gallons
per minute per square foot (122 liters per minute per square
meter).
A backwash sump pit with a stand pipe shall be installed to
collect spent diatomaceous earth so that it can be collected and
disposed of with solid waste. Any other method for accomplishing
this may be submitted for consideration.
Other filtration systems which are equal to or better than
those described above may be used in a pool recirculation system
with the approval of the administrative authority.
~ (c) Gauges. Gauges shall be installed as required, on
all filter systems to readily indicate the operating pressures of
recirculating systems. All gauges shall measure pressure
directly in pounds per square inch or kilograms per square meter
and shall have an indicator at least two (2) inches (5.08
centimeters) in diameter.
~e+ (d) Rate of flow indicators. The recirculating system
shall be equipped with a rate of flow indicator, which has been
approved by the administrative authority. The indicator shall
read in gallons per minute or liters per minute and shall be
located to indicate the rate of flow of filtered water being
15
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
returned to the pool. The indicator shall be of fixed
calibration and properly sized so as to indicate the designed
rate of flow at approximately midscale.
~ (e) Hair and lint strainer. At all installations where
it is possible for water from the pool to pass through the
filters, a strainer shall be provided on the suction side of the
pump to prevent hair, lint and other matter from reaching the
pump and filters. Strainers shall be corrosion-resistant with
openings not over one-eighth inch in size providing a free flow
area at least four (4) times the area of the pump suction line at
the strainer connection and shall be accessible for frequent
cleaning.
COMMENT
Subsection(b) waseliminatedbecau~eitcont]~ct~xv~thSection421.6.1oftheU.S.B.C.
Sec. 34-29. Piping systems.
(a) The piping system for public pools shall be composed of
N.S.F. approved materials or equal, designed for the following
operations:
(1) Filling the pool;
(2) Washing each filter to waste;
(3) Recirculating the pool water through the treatment
equipment;
(4) Backwashing to waste;
(5) Operating suction cleaner;
(6) Emptying the pool; and
(7) Draining the system.
(b) There shall be no direct connections between the pool
recirculating system and the sewer or the potable water supply.
Fill spouts may be located under diving boards, under guard
chairs or adjacent to pool ladder handrails. Fill spouts shall
be installed a minimum of two (2) inches (5.08 centimeters) above
the coping, or submersed fill spouts shall be equipped with a
backflow preventer.
16
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
(c) Waste from backwashing shall be discharged into the
sanitary sewer or in a manner approved by the administrative
authority.
(d) The piping system within the filter room shall be
securely anchored and shall be color coded as follows:
Freshwater--Blue (to check valve).
Backwash--Black.
Influent--Yellow.
Effluent--White.
Vacuum--Orange.
(e) All piping shall be designed to reduce friction losses
to a minimum and to carry the required quantity of water at a
maximum velocity not to exceed ten (10) feet per second (3.05
meters per second) for discharge piping, except for copper wire
where the velocity for piping should not exceed eight (8) feet
per second (2.44 meters per second). Suction velocity for all
piping should not exceed six (6) feet per second (1.83 meters per
second). Design system head calculations shall be required to
confirm the adequacy of proposed pipe sizing and pump selection.
(f) A permanent specification placard shall be
conspicuously displayed on or adjacent to the filter and shall be
properly lighted. Specifications, shall be printed or typed and
readily legible. The following information shall be included on
the placard:
(1) Name and location of facility;
(2) Date of construction;
(3) Capacity in gallons (liters);
(4) Water surface area in square feet (square meters);
(5) Turnover rate in hours; and
(6) Rate of flow in gallons per minute (liters per minute).
578
579
580
581
582
Sec. 34-30. Pool outlets.
(a) All pools shall have one (1) or more main outlets in
their deepest part for continuous removal of water for treatment
and reuse or for emptying the pool. A main outlet shall be no
less than three and three-tenths (3.3) feet (1.14 meters) nor
17
583
584
585
586
587
588
589
590
more than nineteen and seven-tenths (19.7) feet (6 meters) from
another main outlet nor more than sixteen and four-tenths (16.4)
feet (5.98) meters from a pool wall.
(b) A main outlet opening shall be covered with a grating
which is not hazardous to bathers, is secured in place, and is
removable with tools. The grate opening area shall be large
enough to have water entrance velocities not exceeding two (2)
feet per second (0.6 meter per second).
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
Sec. 34-31. Construction Operational safety.
(a) Pumps, filters and other mechanical and electrical
equipment for public pools shall be enclosed in such a manner
accessible only to authorized persons· Construction and drainage
shall be such as to avoid the entrance and accumulation of water
in the vicinity of the electrical equipment·
(b) The crossing of outdoor public swimming facilitics
pools by overhead electrical conductors is prohibited.
(c) All metal fcnccs barriers or railings on which a broken
electrical conductor might fall shall be effectively grounded·
(d) All lighting fixtures shall be prohibited directly
above the water surface except as permitted by the
..............~~-~ ~ Virginia Uniform Statewide Building Code, and
shall be protected in a manner which will prevent broken glass
from falling on any surface within the pool area. All electrical
switches and receptacles shall be of weatherproof construction
and resistant to corrosion.
(e) Lights shall be prohibited directly above or within one
(1) meter horizontally of the pool rim in any indoor or covered
swimming pool except as permitted in the
Art~ =o~ Virginia Uniform Statewide Building Code
612
613
614
615
Sec. 34-32. Hydrostatic relief valve requirement.
In all in-ground pools, one (1) or more hydrostatic relief
valves shall be installed for the purpose of relieving the water
pressure on the pool shell.
616
Sec. 34-33.
Pool lighting.
18
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
(a) Where public pools are to be used after dark, the
swimming pool area shall be equipped with lighting fixtures of
such number and design as to light all parts of the pool, the
water therein, and the entire area. Fixtures should be installed
in such a manner as to create no hazard to the bathers. The
design and installation of the fixtures should be such that
lifeguards can clearly see every part of the swimming pool,
including decks, spring board and other appurtenances without
being blinded by glare.
(b) Underwater lighting for such pools shall provide nine
(9) watts per square yard (8.2 watts per square meter) of water
surfaces and shall require ground fault circuit interrupters
(GFCI) (~^~ ~~^ =°0 of ~^ ~ ~^~cal ~^~^ See
Virginia Uniform Statewide Building Code.) (Ord. No. 1668, 2-2-
87)
COMMENT
Re~renc~ to the BOCA Electrical Code have been eliminated because the provisions of the Electrical
Code have been incorporated by reference in the U.S.B.C.
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
Sec. 34-34. Decks.
.............. ~ ............ ng ~,~e ....... cf ccp~n ............ ng
...... talced llp ~ be ~uff~~v ~ .... ~
~J~ ~AA~AA~ ~ v
~ ~za~ v~ ~~ ~AA~ · ~A~ ~J~ ~AA~ ~ ~VAA~ ~~ V~ ~VAA~ ~ ~
~ .... ~ .... ~ ....... +~- ill t to ~ .,a ........ pools
~ .... ~ ........ ~ ..... In ~~- a ~11 fill under decks
shall be properly tamped and proper supports shall be providod to
preveng decks from sottlin~. Roo~ run-off or othor draina~o
shall nog Bo wasted onto tho dock. ~11 aroas surroundin~ tho
19
651 deck shall have surface drainage directed away from the deck
652
653
654
655
area.
COMMENT
This section was eliminated because ~t conflict,, with the provisions of the U.S.B.C. regarding the manner
of construction.
656
657
658
659
660
661
Sec. 34-35. Dz"*
~.,,~ .... ,~ Reserved
(a) At least f~fteen
..... ~ -~ .... diving beards.
unobstructed headroom shall be
..~ ~ ' ~l
.~d .... must be increased accord~,,~y.
662
663
664
665
666
667
668
669
670
671
672
meter
673
674
675
676
677
678
679
680
681
682
,,,..; .... spa ........... e ..... l~' ....
5.5 .,ma"~.. o . The mznimum d~o~,,~ .... ..~,,,~-~- canter i
...................... ~ .......... shall be ~..e same ~s to .~I~
~) .... mznzmum dimens~ ' ......
..... · n d~v~ng ........... be
dater,,m~-~ ~ ~- ~'~ I ~ ~ ...... ~" [ ~
................~ ~,,~ ~, .... at th~
~AA~ ~g~ j .
COMMENT
This section was eliminated because ~t conflicts wHh Section 421.11 of the U.S.B.C. pertaining to diving
are~ and boards.
20
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
Sec 34-36 o~ .... Reserved
than ^~ ~"~~ '"~ ~* ,o~ = ~*~ ~ ..... ~ .... d
I~~- ~ .... ~ ...... ~ egress ~Ii
~~~l ...... ~ egress for
~~ ~ ~ ~*~ ~ .... ~ ~~les shall ~ ~ .... 1~
~ i *~ ~hall ~ .........
.... protrude ntt .... pool ~ *~" '
........
COMMENT
This section ~vas eliminated because it conllict~ with Section 421.5.5 of the U.S.B.C. per~ining to steps
and ladders.
Sec. 34-37. ~ .... ~ ~A_
~v~ ........... Reserved.
&L&%.A~g~..~.ALL%.AAL& ~.i..V~q,...- ~.~AA~--A.A..A. A&%.~.- %..m'%%.-~.-~.-%.4 .A. · .~.F.~ · .A. AA
COMMENT
This section was eliminated becau,,e it contlmct,, with Section 421.5.2 of the U.S.B.C. pertaining to the
floor space of pools.
Sec. 34-38. Pool inlets.
Where inlets are in pool walls, such inlets shall be spaced
not more than nineteen and seven-tenths (19.7) feet (6 meters) on
center around the pool perimeter. Where inlets are in the pool
bottom, the number of such inlets and location shall be so
designed as to ensure the proper distribution of filtered water.
All inlets, except freshwater inlets and wading pool inlets,
shall be at least fifteen (15) inches (38.1 centimeters) below
the overflow level of the pool except for prefabricated gutters
with forty-five (45) degree angle inlets in the bottom. Each
inlet shall be provided with a means of adjusting flow through a
range of at least fifty (50) percent of its design capacity. The
control shall be readily accessible.
21
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
Sec. 34-39. Suction cleaner.
A suction cleaner shall be provided. Where a suction
cleaner is operated by the recirculating pump, a device shall be
provided for throttling the flow(s) from the various pool
outlet(s) (main drain, skimmer, surge tank, etc.). The suction
cleaner line shall be connected through a hair catcher. Portable
vacuum cleaner units shall be provided with outlets near the pool
for the discharge of effluent. Hydraulic jet type suction
cleaners shall be permitted in lieu of the above where freshwater
pressure is thirty (30) psi (2.1 kilograms per centimeter2) or
greater and is provided with an approved backflow prevention or
antisiphon device if connected to the public or private potable
water supply.
Sec. 34-40. ~ .... ~ .... ~,,~* .... ~ .... ~ Reserved.
~ v ..... ow ~ ........ sk~...,~g~ shall bc~ ..... ....... ~'~"'~ ~..~ th~
..... ~cly ago .... thc swimming pool,
e~~ at steps
............... ~ ............ 9,, ~ proper dos~.gncd surgc ~ ~u
cntrapmcnt ~f ~~'~,,~g~ arms ~g leg~. ~,,~ ...... ~v~g~,,~ .... outlcts ..... i
22
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
.... rigs shall have ~ ~ ...........
tov..~ ..... ~,,~ ~.,~ .... half (1 1/2) times 4-~,..,,,_ cross-scct~,`-~l area ~ 4-~
' ~ ~ '"~ .... ~' 4 ............ ~ 4-~ .... ~ ~ ~ 1 pr id at th
~; ........................... , .... 3 ..... bo ov cd e
~ ........................ ~rca~cr ......
..... ~-^~ for we~ ten (i0) inches (25 4 cc.nt~-^4-^~) ~-~
~ 4[d j k.~ J% .k A L L& L L ~,,. ~ yV w--. J. ~ t.J k--~ A A L.A ,.I- .J. J~ W.l.. r*.,t ~J. I.. V z L L ,.t %..k kF. L,4, .L .{..~ W,J. 'r,,.4. ,,j w.4. kJ k.f.,L J~,.~ .k %. ~v
w.A ~.. V .J. %.~ w... w../.L. ~. W.., %4 %,A J. %-- A A ~-- J. %J VV %J J- VV ~.A %.. %.. J- ~. J- %--/Att %. A A %.- ~ J'..I- A A t%..k
flow to shut-off·
,=% m~, ..... tcr v~_,.~,_. %..AAA. %J%,A~AA ~-A,%-- kJ31,..L. AttAt,~--J-- ~AA~.A.I.J. AA%./ )-f%--
lcss
th~
~.AA& W,. VV ~%. 1 i L..AY.,k..J- V%. ~. L., ,.; / ~-~ %.A .J..L VA A ~ ~ .,' -X · %/g~ .A..i. %,%-- J- k; ] ~ %., J. ALt J. & a %.A %.%.- Z I V.i.
COMMENT
This section was eliminated becau,~e ~t c()nll,ct,~ with Section 421.5.3 of the U.S.B.C.
Sec. 34-41. Safety and rescue equipment; other safety
features.
Every public swimming pool shall be equipped with the
following aids to safety and rescue which shall be readily
accessible at all times:
(1) One (1) or more safety tubes or lightweight but strong
poles with blunted ends, not less than twelve (12) feet
(4 meters) in length.
23
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790
791
792
793
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795
796
797
798
799
800
801
802
803
804
8O5
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807
808
809
810
811
812
813
814
815
816
817
818
819
(2) One (1) or more throwing ring buoys of less than
fifteen (15) inches (38 centimeters) in diameter having
a one hundred and fifty (150) pound (68.4 kilogram)
test line attached of sufficient length to reach twice
the width the pool, placed on racks at strategic points
adjacent to the pool.
(3) A lifeline shall be provided at the break in grade
between the shallow and deep portions of the swimming
pool, or six (6) inches (15.2 centimeters) of either
shallow side of the break with its position marked with
visible floats at not greater than seven-foot (2.10-
meter) intervals. The lifeline shall be securely
fastened to wall anchors or corrosion-resistant
materials and of a type which shall be recessed or have
no projection which shall constitute a hazard when the
line is removed. The line shall be of sufficient size
and strength to offer a good handhold and support loads
normally imposed by bathers.
(4) A readily-accessible room or area designated and
equipped for emergency care of casualties. Minimum
equipment shall be an approved first aid kit and a
backboard meeting Red Cross standards.
(5) A direct-dial telephone with numbers for police, fire
and rescue shall be readily accessible at all times.
(6) Approved signs shall be maintained in a legible manner
as follows:
a. Occupant load signs. A sign with clearly legible
letters, not less than four (4) inches (10.2
centimeters) high shall be posted in a conspicuous
place near the main entrance to a pool which shall
indicate the number of occupants permitted for
each pool.
b. Spa/hot tub pool. The occupant capacity of a
spa/hot tub pool shall be based on one (1) bather
24
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821
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823
824
825
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831
832
833
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841
842
843
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848
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85O
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852
853
854
for every ten (10) square feet (1.9 meters2) of
pool water surface area.
c. The occupant capacity of all other pools shall be
based on one (1) bather for every twenty-seven
(27) square feet (2.50 meters2) of pool water
surface area. Exception: Occupant capacity
requirements do not apply to wading pools.
d. Permanent and conspicuous signs shall be posted
indicatinq the most direct route to the pool.
(7) In areas so indicated, signs with clearly legible
letters not less than four (4) inches (10.2
centimeters) high shall be posted in a conspicuous
place and shall state "NO DIVING ALLOWED."
(8) Warning signs for pools using gas chlorine. Pools at
which gas chlorine is used for disinfection shall have
a conspicuously posted sign on the exterior side of the
entry door to the chlorine room, or on the adjacent
wall area. In addition to displaying the appropriate
hazard identification symbol for gas chlorine, the sign
shall state with clearly legible letters not less than
four (4) inches (10.16 centimeters) high,
"DANGER:GASEOUS OXIDIZER-CHLORINE.,,
(9) Spa/hot tub warning signs. A precautionary sign with
clearly legible letters shall be posted in a prominent
place near the entrance to a spa pool which shall
contain the following language:
"CAUTION
~ a. Elderly persons, pregnant women, infants and those
with health conditions requiring medical care should consult a
physician before entering the spa.
~ b. Unsupervised use by children under the age of
fourteen (14) is prohibited.
~ c. Hot water immersion while under the influence of
alcohol, narcotics, drugs or medicines may lead to serious
consequences and is not recommended.
25
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
88O
881
882
883
884
885
886
887
888
~ d. Do not use alone.
~e+ e. Long exposure may result in nausea, dizziness or
fainting.
(10) The depth of water in pools shall be marked at one-foot
increments (30.48 centimeters) and at least every
twenty (20) feet (6.1 meters) on both the horizontal
deck surface and vertical surfaces of the pool wall.
Numerals and letters shall be at least four (4) inches
(10.16 centimeters) in height and have a good contrast
with the pool walls and deck.
(11) Fixed and floating platforms in public swimming pools
shall be constructed with an air space of at least one
(1) foot (0.3 meters) between the water surface and the
underside of the platform.
(12) There shall be one (1) elevated lifeguard chair
provided for every public pool with a depth of over
five (5) feet (1.52 meters) or two thousand (2,000)
square feet (202.99 meters2) of water surface. An
additional chair will be required for each additional
one thousand (1,000) square feet (92.8 meters2) of
water surface.
Sec. 34-42. Disinfection equipment.
(a) Chemical feeding equipment. Means shall be provided
for regulating the feeding of chemicals to the water in the
recirculation system. The installation and use of mechanical,
automatically operated, positive displacement chemical feeders or
dye type chemical feeders is required.
(b) Chlorinating equipment. All public pools shall be
provided with approved chlorinating equipment which shall be
capable of applying a dose of not less than ten (10) ppm of
chlorine within the turnover time.
(c) The use of chlorine gas as a disinfectant shall require
the approval of the administrative authority. Such approval will
be granted only after it has been demonstrated that the gas
26
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
chlorinator room or area will be located in a manner which will
not adversely affect the safety and health of patrons, pool
personnel or the public. Chlorine gas feeding equipment and
chlorine gas cylinders and other hazardous chemicals shall be
installed in an enclosed space or room, separate from the filter
room and electrical panels and shall be equipped with a door
capable of being locked. The operating gas cylinder shall be
placed on an accurate scale and fastened in place during storage
and use. Gas chlorinator rooms shall be equipped with a forced
draft fan exhausting to the outside room from the floor level.
The exhaust fan shall be capable of providing sixty (60) air
changes per hour against the resistance offered by duct work or
any other local factors. A fresh air inlet shall be provided
near the ceiling. The gas chlorinator shall be protected from
direct sunlight.
(d) An approved, self-contained gas mask for chlorine or a
gas mask with a supply of oxygen under positive pressure or
compressed air, either of which have been approved by the Bureau
of Mines, in addition to local approval by the fire department,
shall be provided where chlorine gas is being utilized. The mask
shall be located accessible to, but outside of, the gas
chlorinator room.
911
912
913
914
915
916
917
918
919
920
921
922
Sec. 34-43. Water heating.
Indoor public pools shall be provided with water heating
equipment thermostatically controlled and capable of maintaining
the entire pool contents between seventy (70) and eighty-five
(85) degrees Fahrenheit (twenty-one (21) degrees Centigrade and
twenty-nine and forty-eight one hundredths (29.48) degrees
Centigrade). All heated pools, spas and hot tubs shall maintain
a minimum halogen residual of two (2.0) ppm or mg/1 at all times.
Spas and hot tubs shall have, on display, a clock and thermometer
visible to occupants. Spas and pool water temperature shall not
exceed one hundred and four (104) degrees Fahrenheit at any time
that is occupied.
27
923
924
925
926
927
928
929
930
931
~nk ~ng
Sec 34-44 Dr: ; ~ .... ~ ~ ~ Reserved
........... j ..... t i zvzng ..... * ............
COMMENT
This s~tion was eliminated because the requirements of drinking fountains are already set forth in the
U.S.B.C.
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
954
955
956
957
Sec. 34-45. Showers, water closets, lavatories, etc.
A~ ~howers, water closets and lavatories shall be
provided for each sex, cal~'l~*~ ~ ~~"~
......... i i with
...................................... ~ o~ n accordance the
Virqinia Uniform Statewide Building Code· The part of the
structure containing the showers, water closets, urinals and
lavatories shall be designed so that these facilities shall be in
the line of travel used by the patrons prior to entering the pool
area and shall be provided with an entrance and a separate exit
opening directly to the pool deck; however, such exit shall not
be near the deep portion of the pool. Ail sewage generated from
*~^ ' ~ "' ' ty
.... operatl~,, ~ a ~Im~l~g facil~ must bc~,,~~~
........ ~ ity
~ ..... sewage ~~~ ~il or indivi~''~
................... sewage di
Floor for all dressing rooms, showers, toilets and
lavatories ~i~,,~ ...... ~ ..... m~nlmum~ ' pl~'~h of 1:48 to
~..~ low spots which will allow .... ,,~^~ to s ...... ~.. ~~ ~ shall
be smooth but must have nonslip finish and the room shall be
ventilated so that the floors do not remain damp or wet. Walls
and floors for ail dressing rooms, toilet rooms and lavatories
shall be of waterproof, easily cleanable materials.
(1) Dressing rooms. Separate dressing rooms may be
provided for both sexes. When provided, metal lockers, wire
baskets, hooks or other sanitary means of storage of clothing and
personal accessories shall be provided. Ali storage containers
for clothing shall be kept clean and sanitary.
28
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
(2) Showers. Showers shall be provided in the proportion
of one (1) for each forty (40) persons at the time of maximum
load. Each shower shall supply an adequate quantity of tempered
water. Water from each shower shall be provided with suitable
facilities for making soap available.
(3) Toilets. Toilet facilities shall be provided as set
forth in the Virginia Uniform Statewide Building Code. in thc
(4) La~aCo~es. Lavatories shmll be provided as set ~orth
in the Virqinia Uniform Statewide Buildin~ Code. ~
proport~, ~f cna ~'~ ~ ~*~ each six ~0 persons
(5) Items (1) through (4) shall not apply ~hen bathers have
access to these ~acilities either in livinq quarters located not
more than ~ive hundred (500) ~eet (152.4 meters) in travel
distance ~rom ~he pool, or in an adjacent huildinq such as a
recreational ~aoility, clubhouse o~ cabana.
(6) ~1~o~. Mirrors, i~ p~ovided, shall be constructed in
accordance ~ith the Virginia Uniform Stateside Buildin~ Code.
COMMENT
This sedion was amended to comply w~th the provi~ion~ of the U.S.B.C. pertaining to showe~, water
close~, lavatories and their appurtenances. The U.S.B.C. requiremen~ differ from some of the
requiremen~ in this section. Acco,'d~n~ly, the amendments herein should eliminate conflicting or
duplicated requirements.
991
992
993
- "Reserved
Sec. 34-46. ~ ........ ~ - ~ ~
29
( ) gh ~
~^ i ~ ~ hi and shall ~ .... at ica~t ~^ '~ ~ ~
994 ~ ~ ~
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
meters; ml~,l
% ~.d e '-X --Z' &LI w... %.. %.. ~. ~ / ~ A A ~.4 .A..L A./%.- ~,~ .I- %./ V .I. %.~ %., %.,A e A'~ %,A ~.A .A. %.,~ A A ~.A ~. ~.- A A %.~ .a. & Z~ %.J~. .J.. ~./lk~ J~,, ~!
COMMENT
This section was eliminated because it conflicts with Section 421.10.1 of the U.S.B.C.
Sec. 34-47. Spectators/spectator areas.
~ Spectator areas shall be so separated from the pool
area that spectators do not have access to the pool, area·
Spectator balconies shall not overhang any portion of the pool
surface.
'~ ~ personin ~-~'~* ~^^~ shall ~ ~iI ..... .4 .-,.. +.,.,.. .4.-..-,,....
% A.// A1%./ ~ %...1_ %.-~., %., ~A A%./w..-~ ~./%.. ~.A %.~ W w..~%.4. %.~a& %.-AA~.., ~%..- J%
....... ~-~'~"' ~'"' '=
................ ~.~; ~c~ 1.5 meters of ~,..,,,. ~'~'"
~ ~ ~ ~ ~-in~ ~t ~"~~ ty 1
& w.....i, f,,A %.4 x L L
~.- Z A ~ %.A ~.~ ~--. %.A .~.&A ~. VV %-/~.
............ spectators
~- street clothing at
.................. ~ ............. any part ~f th~
Ww4. ~ %.1,, J '%. L.,L .11,, ~..., L.,A %.4 J. L.A .J. & A ..I- ,1A ~-~ .I. & A ~.i- V
COMMENT
Suhsectio. (h) was ehmi.ated hetau,,e there are no re~ulatio.s ~OYel'nin~ the weari.~ of street shoes or
street clothes o. the deck area of a pool. AtLordin~ly, the ~uhsectio. ~s u.e.forceahle.
Sec. 34-48. Wading pools.
(a) The slope of the bottom of any wading pool shall be no
greater than 1:15 nor less than 1:40·
(b) Wading pools shall be so designed that no obstructions
are within an area bounded by a line five (5) feet (1·5 meters)
outside of the pool perimeter.
(c) Wading pools shall be separated from the main pool by a
.... er suitable barrier four ~
30
1028~^~ ~'~.~ ~^~),,,~~ high with a self-closing and self-latching
1029
1030
1031
1032
1033
1034
1035
1036
1037
device.
COMMENT
Subsection (c) was amended to comply with Section 421.10.1(8) of the U.S.B.C.
(d) Wading pools shall be provided with their own water
return line to provide an adequate flow of chlorinated water, or
shall have a filter system completely separate from the main pool
with a turnover of two (2) hours or less.
(e) Wading pools shall be required to have a vacuum line.
Mecs. 34-49--34-5960. Reserved.
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
ARTICLE III. OPERATION
Sec. 34-~ 60. Conditions and equipment.
All equipment shall be maintained in satisfactory operating
condition during operation of a public pool.
Sec. 34-6~. Water supply.
Ail public pools usinq well water shall have a satisfactory
bacteriological sample taken prior to opening each year.
COMMENT
This section was added to comply with the Virginia Board of Health Swimming Pool R~ulatio~ which
govern the water quality of public ~wmmm~g pools.
Sec. 34-62. Clarity of water.
When a public pool is open and in use, the water shall be
sufficiently clear to permit a disc six (6) inches (15.24
centimeters) in diameter, divided into alternate black and white
segments, and placed on the bottom of the pool at the deepest
point, to be clearly visible from the pool deck at all distances
up to ten (10) yards (9.14 meters) in a horizontal direction from
the projection of the disc on the pool surface. The disc shall
be available on premises at all times or may be permanently
affixed to the bottom of the pool in the deepest area.
31
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1060
1061
1062
1063
1064
1065
1066
1067
1068
1069
1070
1071
1072
1073
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1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
1093
8ec. 34-63. Water treatment.
(a) Chemicals other than chlorine, bromine, hypobromous
acid, sodium hypochlorite, calcium hypochlorite, muriatic acid,
lime soda ash, sodium bicarbonate, aluminum sulfate (alum),
cyanuric acid and sodium bisulfate shall not be used to treat
swimming pool water without written permission from the
administrative authority.
(b) The impounded water shall at all times be treated in a
manner which will prevent the growth of algae and the breeding of
mosquitoes or other vermin.
(c) When the unheated swimming pool is open for use, a
minimum of one (1.0) ppm (parts per million) free chlorine
residual shall be maintained in all parts of the pool.
(d) When the swimming pool is open for use, the pH of the
pool water shall be kept between 7.2 and 7.8 with a minimum total
alkalinity of eighty (80) ppm, calcium hardness of one hundred
fifty (150) ppm.
(e) Approved test kits for all tests required in this
article shall be available and in good working condition at all
times.
(f) The operator or manager of each public swimming pool
shall maintain and operate all mechanical equipment in a safe and
proper manner.
(g) Where cyanuric acid is used as a stabilizing agent for
residual chlorine, or if the source of residual chlorine is from
a chlorinated cyanurate, a chlorine residual of at least one and
five-tenths (1.5) ppm shall be maintained with cyanuric acid
residuals of at least forty (40) ppm.
(h) The operator or manager of each swimming pool shall
cause an adequate supply of chemicals for the proper treatment of
pool water to be on hand and available for use at all times.
(i) Protective clothing, i.e., respirators, face masks,
rubber gloves and aprons or coveralls shall be provided for
personnel handling chlorine chemical compounds and other caustic
chemicals.
32
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
1123
1124
1125
Sec. 34-64. Records.
Record forms supplied by the administrative authority shall
be maintained up-to-date and shall be available for inspection
while the pool is in use and shall be retained for a period of
three (3) months.
Unless otherwise modified by the administrative authority,
~isinfection tests, i.e., free chlorine residual and pH tests,
shall be made and recorded at least once every two (2) hours
while the pool is in operation. Alkalinity and calcium hardness
tests shall be made and recorded at least weekly.
Sec. 34-65. Placards.
Placards approved by the administrative authority and
covering personal health and safety regulations shall be posted
within the swimming facility. Areas restricted to operating
personnel shall be prominently identified. Signs warning
employees of emergency procedures to be followed in case of
exposure or contact with hazardous materials shall be posted in
the room or area where such hazardous materials are stored and/or
used.
Sec. 34-66. Food and drink area.
Any person in the process of eating or drinking shall be
restricted to the area designated for the preparation and serving
of food and drink. This area shall be at least ten (10) feet
(3.05 meters) from the pool edge.
Sec. 34-67. Cleaning and maintenance.
(a) Ail parts of the pool and related pool facilities and
equipment shall be kept clean and maintained in good repair.
Floors shall be kept free from cracks and other defects. Walls,
ceilings, partitions, doors, lockers and similar surfaces and
equipment shall be refinished in a manner acceptable to the
administrative authority as often as necessary to be kept in good
repair.
33
1126
1127
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
1139
1140
1141
1142
1143
1144
1145
1146
1147
1148
1149
(b) Hoses shall be provided for regular flushing and
cleaning. The whole pool area shall be kept clean, sanitary, and
free of litter and vermin.
(c) Toilets, urinals, showers, wash basins and other
plumbing fixture shall be maintained in a clean condition and in
good repair.
(d) General housekeeping and health spa facilities. All
floors, walls, ceilings, showers, bathtubs, saunas, steam and
vapor rooms, cabinets, toilets, stalls and other physical
facilities of the health spa must be in good repair and
maintained in a clean and sanitary condition. All equipment and
fixtures shall be thoroughly cleaned and effectively disinfected
as often as needed to prevent the development of algae, fungi,
mildew, mold or bacteria which may endanger the public safety or
health.
Sec. 34-68. Precautions relative to communicable diseases.
Any person having an obvious skin disease, nasal or ear
discharge, inflamed eyes, or any communicable disease shall be
excluded from the public swimming facility pool.
Sec. 34-69. ~~ ........ ~ ..... ~ ~lay Security.
....... z ~ ~ .............. ~ ...... water sports may ~ ~ ..........
· under adequate supervision. Public swimming pools shall be
maintained in a manner which will not create a nuisance or hazard
1150
1151
1152
1153
1154
1155
1156
1157
1158
1159
to the public safety and well-being when not in use, and the pool
shall be adequately secured against entry by the public in
general.
COMMENT
Former Section 34-23 was relocated to Article !!! as new Section 34-69 pertaining to the manner of
operation of public swimming pool,,.
Sec. 34-70. Lifeguards.
There shall be at least one (1) lifeguard on duty at all
times when the public pool is of two thousand (2,000) square feet
(185.79 meters2) of water surface or more and when open for use.
34
1160
1161
1162
1163
1164
1165
1166
1167
1168
1169
1170
1171
1172
1173
1174
1175
1176
1177
1178
1179
1180
1181
1182
1183
1184
1185
1186
1187
1188
1189
1190
Public ~Rools which are less than two thousand (2,000)
square feet (185 79 meters2) shall ~ ...... ~'~" ~
protcction ~f ~*~ ......... *
......... ~ may be used by adults, or children supervised by adults,
without a designated lifeguard, provided it is posted as follows:
"WARNING: No lifeguard on duty. Children under the age of
fourteen (14) should not be allowed to use a pool without an
adult in attendance."
Any individual retained as a lifeguard for public pools of
two thousand (2,000) square feet (185.79 meters~) or more shall
possess a current certification for meeting the standard of a
lifesaver as recommended by the American Red Cross, YMCA or other
accredited agency for lifesaving personnel.
The ratio of lifeguards to bathers shall be one (1)
lifeguard on duty for the first seventy-five (75) bathers and an
additional lifeguard for every additional fifty (50) bathers, or
fraction thereof. Lifeguards shall wear distinguishing emblems
or clothing while on duty.
CO~!SIENT
This sec6on ~as amended t. comply &v,th V,~M,nia B,)ard ()~' Health S&vimming Pool R~ula6o~
~o the number <)~' lil'e~ua,'d~ r,qui~ed t,,r the <,pen~t,~n oF a public pool.
Sec. 34-71. Laundering.
Bathing suits, towels and other reusable cloth materials
furnished by a public pool shall be properly laundered so as to
be sanitary before being issued to bathers.
Sec. 34-72. Animals.
Animals, fowl and/or pets shall not be permitted within the
public swimming fac~*'~
.... 3 pool. This section shall not apply to
working dogs, such as seeing-eye dogs.
35
1191
1192
A~pted by the citw Council of the City of Virginia Beach on
this day of Octdber 1995.
1193
1194
1195
1196
CA-6016
DATA/ORDIN/PROPOSED / CHAPT34. ANN
OCTOBER 11, 1995
R-2
A~7;ED AS//f-TO C NTENT
Planmng !
I~partn~en~" ~ealt h
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
36
- 26 -
Item/V-J. 2.
CONSENT AGENDA
ITEM # 39883
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to APPROPRIATE $176,148 in additional revenue from
Prisoner Reimbursement from the Sheriff's Department Special Revenue
Fund Balance to the Sheriff's FY 1995-1996 Operating Budget re
enhancement of the tax-deferred Supplemental Retirement System for
employees of the Sheriff's Department.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
AN ORDINANCE TO APPROPRIATE $176,148 IN ADDITIONAL REVENUES
FROM PRISONER REIMBURSEMENT FROM THE SHERIFF'S
DEPARTMENT SPECIAL REVENUE FUND BALANCE TO THE
SHERIFF'S FY 1995-96 OPERATING BUDGET TO ENHANCE
THE TAX DEFERRED SUPPLEMENTAL RETIREMENT SYSTEM
FOR EMPLOYEES OF THE SHERIFF'S DEPARTMENT
3_O
3_3_
3_2
13
3_5
3_6
3-8
3-9
2O
21
22
23
2A
25
WHEREAS, the Sheriff's Department ~s responmble for the health and safety of ~nmates
housed ~n the V~rg~n~a Beach Correctional Center, and
WHEREAS, the Sheriff's Department ~s also responmble for ensuring that the personnel hIred
to momtor the Correcbonal Center act~wt~es are quahfled, properly supervised, and properly
trained to accomphsh their tasks, and
WHEREAS, C~ty Councd approved the use of prisoner reimbursement funds by the Sheriff's
Department ~n FY 1994-95 to estabhsh a supplemental retirement system for Correctional Center
employees to ~mprove the rate of retenbon of those employees,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $176,148 ~n excess prisoner reimbursement funds be appropriated from
fund balance ~n the Sheriff's Department Special Revenue Fund to the Shenff's Department's
FY 1995-96 Operating Budget for the purpose of funding the second year of the supplemental
retirement program for Sheriff's Department employees
Adopted by the Councd of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the
October , 1995
~pvpnrp~nth of
APPROVED AS TO CONTENT
.... ' "~Valter C~r:~"r~er
Department of Managem- ent Services
APPROVED AS TO
LEGAL SUFFICIENCY
- 27 -
Item IV-J. 3.
CONSENT AGENDA
ITEM # 39884
RES OL UTIONS/ ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $125,000 from the Tourism Growth Investment
Fund (TGIF) Reserve for Contingencies to the FY 1995-1996 Operating
Budget of the Virginia Marine Science Museum to enable the Department
of Museums to make a Grant to the Virginia Marine Science Museum
Foundation, Inc. re Museum Exhibits.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndorf,, Nancy lC Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
OF $125,000 FROM THE TOURISM GROWTH INVESTMENT
FUND RESERVE FOR CONTINGENCIES TO THE FY 1995-
96 OPERATING BUDGET OF THE VIRGINIA MARINE
SCIENCE MUSEUM TO ENABLE THE DEPARTMENT OF
MUSEUMS TO MAKE A GRANT TO THE VIRGINIA MARINE
SCIENCE MUSEUM FOUNDATION, INC.
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WHEREAS, the Virginia Marine Science Museum Foundation,
Inc., a nonprofit organization, has played a vital role in the
success of the Virginia Marine Science Museum since the Museum's
beginning;
WHEREAS, the Foundation has committed to raising
$5,000,000 to pay for the exhibits in the Virginia Marine Science
Museum expansion, a portion of which has already been secured in
pledges and cash;
WHEREAS, to ensure that the exhibits are completed prior
to the scheduled opening of the expansion, the Foundation has
acquired a line of credit through June, 1996, to fund construction
of the exhibits;
WHEREAS, interest on the line of credit will amount of
approximately $125,000;
WHEREAS, payment of the interest will diminish the
ability of the Foundation to meet its financial goal; and
WHEREAS, the Department of Museums has therefore
recommended that a grant in the amount of $125,000 be made to the
Foundation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That funds in the amount of $125,000 be transferred from
the Tourism Growth Investment Fund Reserve for Contingencies to the
FY 1995-96 Operating Budget of the Virginia Marine Science Museum
to enable the Department of Museums to make a grant to the Virginia
Marine Science Museum Foundation, Inc. for payment of interest on
the line of credit acquired to fund the Museum expansion exhibits.
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BE IT FURTHER RESOLVED:
That a grant in the amount of $125,000 from the
Department of Museums to the Virginia Marine Science Museum
Foundation, Inc. is hereby approved.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17 day o~ct°her 1995
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CA-6098
ORDIN\NONCODE\MARINE. ORD
R-2
10/12/95
APPROVED AS TO CONTENT
Department of Management
APPROVED AS TO LEGAL
- 28 -
Item IV-J. 4.
CONSENT AGENDA
ITEM # 39885
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances to TRANSFER:
ao
$890, 000 from Conference/Convention Facility Renovation (CIP
2-199); and, APPROPRIATE $636,014 from Tourism Growth
Investment Fund (TGIF) Fund Balance to Resort Streetscape
Improvements (CIP 2-049) re increased costs and project
scope changes to accomplish streetscape improvements along
Atlantic Avenue from Rudee Loop to Forty-second Street,
including the Pacific Avenue Corridor Study.
$200,000 from Atlantic Avenue Improvements (sewer) (CIP 6-
925) to Atlantic Avenue Improvements (water) (CIP #5-966)
re increased project costs.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy IC Parker
Council Members Absent:
None
Council Lady Parker ABSTAINED as she and her husband are owners of Parker Pools and the Cavalier
is a client and this may have the appearance of a conflict, as she and her husband are owners of Parker
Pools.
October 17, 1995
AN ORDINANCE TO TRANSFER $890,000 FROM CIP PROJECT #2-199
CONFERENCE/CONVENTION FACILITY RENOVATION AND APPROPRIATE
$636,014 FROM TGIF FUND BALANCE TO CIP PROJECT #2-049 RESORT
STREETSCAPE IMPROVEMENTS IN RESPONSE TO INCREASED
COSTS AND PROJECT SCOPE CHANGES
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WHEREAS, CIP Project//2-049 Resort Streetscape Improvements was programmed in
the FY 1995-96 CIP for $35,932,859 to accomplish streetscape improvements along Atlantic
Avenue from Rudee Loop to 42nd Street, and includes the Pacific Avenue Corridor Study as a
component of the scope;
WI-~.REAS, to ensure compatibility and continuity with improvements being constructed
along Atlantic Avenue with those potential improvements to Pacific Avenue, it is in the best
interest of the City to extend the scope of the project to include improvements from 42nd Street
to 45th Street in the last phase (Section 9) of the project;
WHEREAS, the results of the bid for the last phase of CIP Project //2-049 Resort
Streetscape Improvements, expected to begin in November 1995 and be completed by June 1996,
have been evaluated;
WHEREAS, in order to complete the project expeditiously, and incorporate beneficial
scope changes, it is necessary to provide an additional $1,526,014, for a total estimated project
cost of $37,458,873;
WH~AS, of this additional amount, up to $500,000 may qualify as a cost reduction
to the project, since a pending franchise agreement with an electric power company includes an
in-kind contribution clause;
WHEREAS, there is $890,000 in CIP Project//2-199 Conference/Convention Facility
Renovation available for transfer to the project, and there is $636,014 available from TGIF Fund
Balance for appropriation to the project;
WI-IE~,d the electric power franchise agreement does result in cost reductions to the
project, then said reductions of up to $500,000 will revert to TGIF Fund Balance.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
1. That funds in the amount of $890,000 be transferred from CIP Project//2-199
Conference/Convention Facility Renovation to CIP Project //2-049 Resort
Streetscape Improvements;
2. That the remaining necessary funds in the amount of $636,014 be appropriated
from TGIF Fund Balance to CIP Project #2-049 Resort Streetscape Improvements
in response to increased costs and project scope changes;
3. That any cost reductions to the project of up to $500,000 as a result of the electric
power franchise agreement will revert to TGIF Fund Balance; and,
4. That the FY 1995-96 Capital Budget be amended to reflect these changes.
This ordinance shall be in effect from the date of its adoption.
Adopted the_
Beach, Virginia.
17 October
day of
,1995, by the Council of the City of Virginia
APPROVRD AS TO CONTENT
Department of Management Services
LCAJUSERS/204996 ORD
AN ORDINANCE TO TRANSFER $200,000 FROM CIP
PROJECT #6-925 ATLANTIC AVENUE IMPROVEMENTS (SEWER) TO
CIP PROJECT #5-966 ATLANTIC AVENUE IMPROVEMENTS (WATER)
IN RESPONSE TO INCREASED PROJECT COSTS
WI~REAS, CIP Project g5-966 Atlantic Avenue Improvements (Water) and CIP Project
//6-925 Atlantic Avenue Improvements (Sewer) were programmed to cost $2,490,000 and
$4,600,000 respectively, and were established to coordinate water and sewer construction
improvements with CIP Project #2-049 Resort Streetscape Improvements;
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WHEREAS, the last phase (Section 9) of these projects is scheduled to begin in
November, 1995, and be completed in June, 1996;
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WHEREAS, the results of the bid for the last phase of CIP Project #5-966 Atlantic
Avenue Improvements (Water), have been evaluated, and, in order to complete the project
expeditiously, it is necessary to provide an additional $200,000 to the project, for a total estimated
project cost of $2,690,000;
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WHEREAS, there is $200,000 in CIP Project #6-925 Atlantic Avenue Improvements
(Sewer) available for transfer to the project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that funds in the amount of $200,000 be transferred from CIP
Project #6-925 Atlantic Avenue Improvements (Sewer) to CIP Project #5-966 Atlantic Avenue
Improvements (Water).
This ordinance shall be in effect from the date of its adoption.
17 October
Adopted the_ day of
Beach, Virginia.
, 1995, by the Council of the City of Virginia
APPROVED AS TO CONTENT
Walter C. Kraem~;Jr.
Department of Management Services
APPROVED AS TO
LEGAL SUFFICIENCY
LCAJUSERS/596696 ORD
- 29 -
Item IV-J. 5.
CONSENT AGENDA
ITEM # 39~6
RES OL UTIONS / ORDIN,4NCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $55,000 in the Fire Programs Capital Project
Fund re purchase of additional communications equipment.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
- 30 -
Item II/-J. 6.
CONSENT AGENDA
RESOL UTIONS/ORDINANCES
ITEM # 39887
Upon motion by Vice Mayor Sessotns, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of the
right-of-way of South Woodhouse Road and Mill Dam Road to Alanton
Garden Club re construction and maintenance of landscaping, a wooden
fence and sprinkler system (LYNNHAVEN BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when notified by
the City of Virginia Beach, at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless of any liability as a
result of the encroachment.
3. The owner agrees to maintain said encroachment so as not to become unsightly or
a hazard.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, Wilham W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
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AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY OF SOUTH
WOODHOUSE ROAD AND MILL
DAM ROAD TO ALANTON
GARDEN CLUB, ITS 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,
Alanton Garden Club, its heirs, assigns and successors in title is
authorized to construct and maintain a temporary encroachment into
the right-of-way of South Woodhouse Road and Mill Dam Road.
That the temporary encroachment herein authorized is for
the purpose of constructing and maintaining a wooden fence,
landscaping, and sprinkler system 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 South Woodhouse Road and
Mill Dam Road, on the certain plat
attached hereto and to which
reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to any officer of Alanton Garden Club, its heirs, assigns and
successors in title and that within thirty (30) days after such
notice is given, said encroachment shall be removed from the City's
right-of-way of South Woodhouse Road and Mill Dam Road and that
Alanton Garden c~,~. ~s 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 Alanton Garden Club, its heirs, assigns and
successors in title shall indemnify and hold harmless the city of
Virginia Beach, its agents and employees from and against all
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claims, damages, losses and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that the party of the second part
agrees to maintain said encroachment so as not to become unsightly
or a hazard.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Alanton Garden Club executes an
agreement with the city of Virginia Beach encompassing the
aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17 day of October , 19 95 .
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10/03/95
CBC/tga
F: ~.. ~CAHOON~ALANTON. ORD
.2%.rROVEDAS TO
CONTENT
~. ~,,,¢~, ......
DEPAI~TMENT
APPROVED AS TO
LEGAL SUFFICIENCY
MINUTES FROM ALANTON GARDEN CLUB
The Executive Board members present have signed this
document to indicate their approval to authorize
3anice Wells, as the Alanton Garden Club President,
to sign the encroachment request agreement required
by the city regarding the subject referenced
in the August 31, 1995, letter from Christopher B,
Cahoon.
nice Wells, President
Mauline Ross,1Secretary
Lois Anoia, Treasurer
Doris Krant Chair
Alanton Entrance Cormnittee
THIS AGREEMENT, made this /~-~day of ~~'~~ ,
19_~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and the
ALANTON GARDEN CLUB, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
Grantee, party of the second part.
WITNESSETH:
That, WHEREAS, it is proposed by the party of the
second part to construct/install and maintain a wooden fence, a
sprinkler system and landscaping in the City of Virginia Beach;
and
WHEREAS, in constructing/installing and maintaining
such wooden fence sprinkler system and landscaping, it is
necessary that the said party of the second part encroach into a
portion of the existing City rights-of-way known as South
Woodhouse Road and Mill Dam Road; and said party of the second
part has requested that the party of the first part grant a
temporary encroachment to facilitate such wooden fence, sprinkler
system and landscaping within a portion of the City's rights-of-
way known as South Woodhouse Road and Mill Dam Road.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's rights-of-way known
as South Woodhouse Road and Mill Dam Road for the purpose of
constructing and maintaining such wooden fence, sprinkler system
and landscaping.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's rights-of-way known as South
Woodhouse Road and Mill Dam Road as shown on
that certain plat attached hereto as Exhibit
"A" and to which reference is made for a
more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's rights-of-way known as South Woodhouse Road and Mill Dam
Road by the party of the second part; and that the party of the
second part shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must submit and have approved a traffic
control plan before commencing work in the City's rights-of-way.
It is further expressly understood and agreed that the
party of the second part shall make no open cut of a public
roadway unless the plan is approved by the City Manager or his
designee and the City Engineer.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's rights-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Five Hundred Thousand Dollars
($500,000.00).
It is further expressly understood and agreed that any
above ground encroachments shall conform to the minimum setbacks
requirements, as established by the City Traffic Engineer's
Office.
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
rights-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the ALANTON GARDEN CLUB has caused
this Agreement to be executed by JANICE WELLS, as President of
said ALANTON GARDEN CLUB with due authority to bind said
association. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by
its City Manager and its seal be hereunto affixed and attested by
its City Clerk.
CITY OF VIRGINIA BEACH
( SEAL )
ATTEST:
City Clerk
City Manager/Authorized
Designee of the City Manager
APPROVED AS TO
LEGAL SUFFICIENCY
ALANTON GARDEN CLUB
ICE WELLS, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary
Public in and for the City and State aforesaid, do hereby certify
that , CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of , 19. , has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 ~, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
, a Notary Public
in and for the City and State aforesaid, do hereby certify that
JANICE WELLS, President of the ALANTON GARDEN CLUB, whose name is
si3~ed to the foregoing writing, bearing date the /~ day of
~LL~Q ~/2?O~L~ , 19~, has acknowledged the same before
me in my City and State aforesaid.
Given under my
/ ~
hand
this /~ day of
Notary Public
My Commission Expires: My Commission Expires Januar'y 31, 1998
LOCATION
MAP
I
',\
SITE - '
APPROX'. LOCATION
OF' CITY R/V~/
~,,
Mill Dam Road
0
- 31 -
Item IV-J. Z
CONSENT AGENDA
ITEM # 39888
RESOL UTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Or&'nance to authorize acquisition of property in fee simple for right-
of-way for Queen City Street Improvements Project (CIP 2-213) and
the acquisition of temporary and permanent easements of right-of-way,
either by agreement or condemnation.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, Robert K, Dean, William W.
Harrison, Jr., Harold Heischober, Louis I~ Jones, Barbara M. Henley,
Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
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AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY IN FEE
SIMPLE FOR RIGHT OF WAY FOR QUEEN
CITY STREET IMPROVEMENTS PROJECT
(CIP 2-213) AND THE ACQUISITION OF
TEMPORARY AND PERMANENT EASEMENTS OF
RIGHT OF WAY, EITHER BY AGREEMENT OR
CONDEMNATION
WHEREAS, in the opinion of the Council of the City
of Virginia Beach, Virginia, a public necessity exists for the
construction of this important street system for the preservation
of the safety, health, peace, good order, comfort, convenience, 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 Council is hereby
authorized to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
89, et seq., Title 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 of right of way as shown on the
plans entitled "QUEEN CITY STREET IMPROVEMENTS C.I.P. NO. 2-213,"
these plans being on file in the Office of Real Estate Department
of Public Works, Virginia Beach, Virginia.
Section 2. That the City Manager is hereby
authorized to make or cause to be made on behalf of the City of
Virginia Beach, to the extent that funds are available, a
reasonable offer to the 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
day of October , 1995.
Beach, Virginia, on the 17
CA-6097
NONCODE\QCSTREET.ORD
R-1
A~PROVED AS TO CONTENTS
S G ATURE
DEPARTMENT
APPROVED AS TO LEGAL
- 32 -
Item/V-J. 8.
CONSENT AGENDA
ITEM # 39889
RESOL UTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize tax refunds in the amount of $4,809.08 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
FORM NO C A 7
9/14/95
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the followIng applicatIons for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera. Date Penalty Int.
NAME Year of Tax Number tion No, Paid
Total
Contel of Virginia 94
Contel of Virginia 94
Edna Tate 95
Edna Tate 95
Edna Tate 94
Edna Tate 94
Edna Tate 93
Edna Tate 93
G E Capital Mortgage Services 95
G E Capital Mortgage Services 95
Michael P & Elsie Maraia 94
Michael P & Elsie Maraia 94
Michael P & Elsie Maraia 93
Michael P & Elsie Maraia 93
VHDA Central Servicing 95
Collateral Mortgage Ltd 95
William A Cox III Sp, Comm 95
William A Cox III Sp Corem 95
Loan Guaranty Division 95
Loan Guaranty Division 95
Loan Guaranty Division 95
Loan Guaranty Division 95
Johnnie L Malbon Sr 95
Johnnie L Malbon Sr 95
Samuel Sandler Trustee 95
Reverend Walter F Sul 1 ivan 95
Reverend Walter F Sullivan 95
Reverend Walter F Sullivan 95
Reverend Walter F Sullivan 95
Reverend Walter F Sullivan 95
Reverend Walter F Sullivan 95
Lawrence L & Darlene Massa 95
Gibson Equipment Co 95
Gibson Equipment Co 95
Deborah A Hawkins N/A
Suzanne Hayes N/A
Gloria J Brown N/A
Douglas A Brawley N/A
Mary L Paschall N/A
Paul B Nott Jr N/A
Bobbie J Coutlis N/A
Cynthia A Hinkle N/A
Elsie Trimback 95
RE(l/2) 133027-5 12/5/93 214.33
RE(2/2) 133027-5 12/5/93 214.33
RE(l/2) 116256-1 11/28/94 11.40
RE(2/2) 116256-1 6/5/95 11.40
RE(l/2) 115318-0 11/30/92 10.90
RE(2/2) 115318-0 5/26/93 10.90
RE(l/2) 114251-3 11/24/93 11.40
RE(2/2) 114251-3 5/23/94 11.40
RE(l/2) 073612-3 12/5/94 57.00
RE(2/2) 073612-3 5/21/95 57.00
RE(l/2) 072906-1 12/5/93 57.00
RE(2/2) 072906-1 6/5/94 57.00
RE(1/2) 072123-9 12/5/92 54.50
RE(2/2) 072123-9 5/26/93 54.50
RE(2/2) 136886-7 7/6/95 75.78
RE(2/2) 060463-0 5/21/95 69.12
RE(l/2) 014454-8 4/11/95 18.59
RE(l/2) 014455-7 4/11/95 18.59
RE(2/2) 012090-2 5/19/95 70.98
RE(2/2) 040691-6 5/19/95 57.64
RE(2/2) 100032-6 5/19/95 63.94
RE(e/2) 103551-1 5/19/95 64.60
RE(l/2) 072983-6 12/5/94 259.92
RE(2/2) 072983-6 6/5/95 259.92
RE(2/2) 103291-6 5/23/95 643.32
RE(l/2) 114986-3 12/5/94 282.72
RE(2/2) 114986-3 6/5/95 848.16
RE(l/2) 059379-5 1/24/95 33.25
RE(2/2) 059379-5 6/5/95 199.50
RE(l/2) 114989-0 12/5/94 114.00
RE(2/2) 114989-0 6/5/95 342.00
RE(2/2) 135568-4 8/23/95 11.83
RE(l/2) 043140-7 12/5/94 207.58
RE(2/2) 043140-7 6/5/95 207.58
Pkng 469039 7/24/95 10. O0
Pkng 477278 5/4/95 10. O0
Pkng 469040 7/25/95 10. O0
Pkng 841066 7/28/95 25.00
Pkng 843409 8/7/95 25. O0
Pkng 843412 8/7/95 25.00
Pkng 483590 8/25/95 10. O0
Pkng 486901 8/22/95 10. O0
Dog V27920 8/7/95 2. O0
..... ,~,~ance shall be effective from date of adoption.
The above abatement(s) totaling
$4 ~ 809.08 were approved by
the Council of the C~ty of V~rg~nia
Beach on the '17 day of Octobe[', ..1cjcj5
Ruth Hodges Smith
City Clerk
Total
4,809.08
J"~h~lTi A k~nson, Tr aer'~urer
Approved as to form:
Item/V-J. 9.
CONSENT AGENDA
ITEM # 39890
RESOL UTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize license refunds in the amount of $15,855.93 upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley,
Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
October 17, 1995
AN ORDINANCE AUTHORIZING UCENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Comm,ssloner of the
Revenue are hereby approved:
NAME Ucense Date
Base Penalty Int.
Year Paid
Management Consulting, Inc.
T/A Mancon
1617 Diamond Springs Road
Virginia Beach, VA 23455
1994-95 Audit 4,566.64
Milonas, Jim D.D.S., P.C.
404 Oak Grove Drive
Norfolk, VA 23505
1994 Audit 363.70
Paper CorporatIon of America
T/A Paper Plus 1993-94
7785 Baymeados Way, Suite 200
Jacksonville, FL 32256
Audit 85.45
Total
4,566.64
363.70
85.45
Th~s ordinance shall be effectIve from date of
adoption
The above abatement(s) totahng SS. 015.79
of the C~ty of V~rg~n~a Beach on the 17 day of
Cerhhed as to Payment.
~.~ert P Vaughan
Commissioner of the Revenue
Approved as to form:
C,ty A~orney ~
were approved by the Council
October , 19 95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING UCENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcations for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int.
Year Paid
Total
Bayoff Inc. of Virginia
T/A Little Ceasars Pizza
412 Investors Place #102
Virginia Beach, VA 23452
Beale, Paul III
T/A Resort Lawn Service
3616 East Stratford Road
Virginia Beach, VA 23455
Ben Franks No. II, Inc.
T/A Ben Franks
1405 Harpers Road
Virginia Beach, VA 23454
1994 Audit 169.32
1989-91 Audit 36.00
1993-94 Audit 41.22
169.32
36.00
41.22
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $246.54
of the C~ty of V~rg~ma Beach on the 17
day of
Cert~hed as to Payment.
~Ro~ P Vaughan ~
Commissioner of the Revenue
Approved as to form:
Leshe L L, Iley L~
C~ty Attorney
were approved by the Council
October , 19 95
Ruth Hodges Smith
C~ty Clerk
FORM NO C.A. ~ REV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the followIng applicabons for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Base Penalty Int.
Year Paid
Total
Big Tomato, Inc. The
501 North Birdneck Road
Virginia Beach, VA 23451
1994 Audit 110.12
Brldges-Inham, Evelyn L. 1993-94
T/A College Advisory Services
P.O. Box 9623
Virginia Beach, VA 23450
Brown Building Corporation
P.O. Box 6239
V~rgin~a Beach, VA 23462
Audit 10.00
1993-95 Audit 553.99
110.12
10.00
553.99
Th~s ordinance shall be effectwe from date of
adoption
The above abatement(s) totahng $674.11
17
of the C~ty of V~rg~n~a Beach on the day of
Cemhed as to Payment
r--~Robert P Vaughan ~
Commmmoner of the Revenue
Approved as to form:
L~she L L, ll~y v/ /~
C~ty Attorney ~
were approved by the Councd
October
95
Ruth Hodges Smith
C~ty Clerk
FORMNO C.A. IREV ~
AN ORDINANCE AUTHORIZING UCENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcations for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License Date
Base Penalty
Year Paid
Brown Group Retail, Inc.
T/A Cloth World #517/#518
8500 Maryland Avenue 66810
St. Louis, MO 63166
1992-94 Audit 1,211.56
Collins, Douglas J.
T/A Collins Construction Co.
2736 Bunch Wealnut Road
Chesapeake, VA 23322
1994 Audit 62.88
Corset Shop, Inc. 1994-95
T/A Bare Necessities of VA Beach
179 181 Meeker Avenue
Newark, NJ 07114
Audit 364.12
Int. Total
1,211.56
62.88
364.12
ThIs ordinance shall be effective from date of
adoption
The above abatement(s) totahng $1,638.56
17
of the C~ty of V~rg~ma Beach on the day of
Certified as to Payment.
Robert P. Vaughan
Commissioner of the Reve'n'ue
Approved as to form:
LLe~,~ i'_ Lille~
C~ty Attorney
were approved bythe Council
October
,19 95
Ruth Hodges Smith
C~t¥ Clerk
F'ORM NO C.A. ~ REV 3~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certificabon of the Comm,ssloner of the
Revenue are hereby approved:
NAME IJcense Date
Base Penalty Int.
Year Paid
Total
Daniel, Preston S.
T/A Datra
5443 Lynbrook Landing
Virginia Beach, VA 23462
1995 Audit 48.00
Davis, David R.
T/A Virginia Textures
336 Ramapo Road
Virginia Beach, VA 23462
1994 Audit 42.90
Duenke Enterprises, Inc. 1994
T/A Salsas Gourmet Mexican Restaurant
1601 Atlantic Avenue
Virginia Beach, VA 23451
Audit 27.38
48.00
42.90
27.38
Th~s ordinance shall be effecbve from date of
adoption
$118.28
The above abatement(s) totahng
of the C~ty of VIrginia Beach on the 17 day of
Cerbfled as to Payment.
~-R6'bert P. Vaughan ,/~
Commissioner of thc~Revenue
Approved as to form:
Leshe b IJIley C'/~
C~ty Attorney
were approved by the Council
October , 19 95
Ruth Hodges Smith
C~ty Clerk
FORM NO C.A. 8 REV 3/e~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the followIng apphcations for license refunds, upon cemficat~on of the Commissioner of the
Revenue are hereby approved:
NAME IJcense Date
Base Penalty Int.
Year Paid
Total
E1 Hawa Corp.
T/A VA Gift Shop
P.O. Box 348
Virginia Beach, VA
23458
Ellingsworth, David S.
T/A Scott EquIpment Co.
2928 Juniper Street
Virginia Beach, VA 23452
Fam~lFies, Inc.
T/A Highs Ice Cream
1009 Granada Court
Virginia Beach, VA
23456
1994-95 Audit 300.00
1992-93 Audit 21.60
1994-95 Audit 380.26
300.00
21.60
380.26
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng S701.86
of the CJty of VJrgm~a Beach on the '17 day of
Cerbfled as to Payment
~rt P Vaughan ~
Commissioner of the Revenue
Approved as to form'
C~ty Attorney
were approved by the Council
October , 19 95
Ruth Hodges Smith
C~ty Clerk
FORM NO C.A. ~ REV 3~6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the followIng apphcat~ons for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME IJcense Date Base Penalty
Year Paid
Int.
Total
Helios Enterprises, Inc.
T/A Helios Galleries
P.O. Box 2267 (T R Ulrich)
Beaufort, SC 29901
Imm Consultants, Ltd.
5505 Spider Court
Vmrginia Beach, VA 23455
Jiannine, Louis C.
T/A Single Ply Contractors
901Appleby Court
Virginia Beach, VA 23462
1993-94 Audit 42.00
1993-94 Audit 578.70
1993-94 Audit 12.80
42.00
578.70
12.80
Th~s ordinance shall be effective from date of
adoption
$633.50
The above abatement(s) totahng
of the C~ty of V~rg~ma Beach on the
17 dayof
Cerbfled as to Payment.
C~o n~e~, sPin oVna~rgohfa~ e ~e v e n u e
Approved as to form:
~2'6~1i~ L blley "' /~
C~ty Attorney ~ -
were approved by the Council
October
,19
95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcations for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAM E License Date Base Penalty Int.
Year Pa~d
Total
Johnson, Wesley
816 Hanover Drive
Virginia Beach, VA
23464
Kevcor Corporation
241 Pennsylvania Avenue
Virginia Beach, VA 23462
Joyner, Powell W. Jr.
T/A Halifax Hotel The
956 Oriole Drive
Virginia Beach, VA 23451
1992-94 Audit 130.00
1994 Audit 1,260.50
1994 Audit 338.53
130.00
1,260.50
338.53
Th~s ordinance shall be effective from date of
adopt,on
The above abatement(s) totahng $1,729.03
of the C~ty of V~rgm~a Beach on the 17 day of
Cert,hed as to Payment:
(~q6'6ert P Vaugh~ '
Commissioner of-the Revenue
Approved as to form:
City Attorney
were approved by the Councd
October , 19
95
Ruth Hoclges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certificat,on of the Commissioner of the
Revenue are hereby approved:
[Jcense Date
NAM E Year Paid Base Penalty Int.
Kay-Bee Toy & Hobby Shops, Inc.
T/A Kay-Bee Toys #72 1993-94
100 West Street
Pittsfield, MA 01201
King, Jeffrey V.
2264 Kindling Hollows Road
Virginia Beach, VA 23456
Audit 299.20
1993-94 Audit 21.22
Total
Lamar Corporation 1994
T/A Jewell Annes Hallmark 13
1510 Victory Blvd.
Portsmouth, VA 23702
299.20
21.22
Audit 313.77
313.77
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $634.19
of the City of V~rg~ma Beach on the 17 day of
Certified as to Payment
'-"Robert P Vaugha6../
CommissIoner of the Revenue
Approved as to form:
Lesl,'e L. Lilley
C~ty Attorney
were approved by the Council
October , 19 ~
95
Ruth Hodges Smith
C~ty Clerk
FORM NO C.A. ~ REV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the followIng apphcations for license refunds, upon certIfication of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Paid Base Penalty Int.
Total
Leary, Nancy E.
T/A Blue Water Fast Food
6661 Indian River Road
Virginia Beach, VA 23464
1995 6-12-95 724.18
Leonard, Denice L.
107 East 5th Street
Ludlngton, MI 49431
1994-95 Audit 49.44
Life for Kids for VA Beach, Inc.
1412 Garwood Avenue 1995
Virginia Beach, VA 23455
8-08-95 24.00
724.18
49.44
24.00
Th~s ordinance shall be effective from date of
adoption
The above abatement(s)totahng $797.62
17
of the C~ty of V~rg~n~a Beach on the day of
Certified as to Payment'
~obert P V~ughz~,¥
Comm~smoner of the Revenue
Approved as to form'
C~ly Atlomey
were approved by the Council
October
95
Ruth Hodges Smith
C~ty Clerk
FOP, MI'K) C.A, 8 RE¥ 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcat;ons for license refunds, upon certihcat,on of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int.
Year Paid
Total
Pesich, Gregory A. 1994 Audit
T/A A Clean Bay Plumbing/Drain Cleaning
820 Foxboro Landing
Virginia Beach, VA 23464
Santa Fe Traders, Inc.
2583 Nicky Lane
Alexandria, VA 22311
1993-94 Audit
Smith Associates, Inc.
2639 Landview Circle
Virginia Beach, VA 23454
1992-94 Audit
76.89
61.63
60.92
76.89
61.63
60.92
This ordinance shall be effective from date of
adopt,on
The above abatement(s) totahng ~199.44
17
of the C~ty of V~rgm~a Beach on the day of
Cemfled as to Payment
Commlsmoner of the Revenue
Approved as to form:
Leshe L IJIley
City Attorney
were approved by the Council
October
95
Ruth Hodges Smith
C~ty Clerk
~NO C.A. 8 REV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcations for license refunds, upon certificatIon of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Paid Base Penalty Int.
Total
Smith, Jimmy N.
T/A J N Enterprises
P.O. Box 6742
Chesapeake, VA 23323
Stormont, Michael
T/A Yardworks
908 Holladay Point
Virginia Beach, VA
23451
TCS-LCS Inc.
T/A Elevator Experts
9409 Bramall Road
Richmond, VA 23229
1992-94 Audit 82.84
1994-95 Audit 61.70
1994-95 Audit 427.08
82.84
61.70
427.08
Th~s ordinance shall be effective from date of
adopbon
The above abatement(s) totahng $571.62
of the City of V~rginla Beach on the 17 day of
Certified as to Payment.
~_..-Ro~rt P Vaugha~
Commissioner of the Revenue
Approved as to form:
--'
~1,6'1_ Lilley
C~ty Attorney
were approved by the Council
October , 19 ~
95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicabons for license refunds, upon certificabon of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Base Penal~ Int.
Year Prod
Tidewater First Financial Group
4500 Holland Office Park Suite 312
Virginia Beach, VA 23452 1993-94
Titus, Marilyn J.
T/A Buyer's Delight
2400 Carolina Road
Chesapeake, VA 23322
Audit 577.06
Utley, Eugene F.
T/A Atlantic Funding
1404 Carabao Circle
Virginia Beach, VA 23464
1993-95 Audit 36.83
1993-94 Audit 150.00
Total
577.06
36.83
150.00
ThIs ordinance shall be effecbve from date of
adopbon
The above abatement(s) totahng $763.89
of the C~ty of V~rg,ma Beach on the 17 day of
Cerbfied as to Payment.
~,..~~rt P Vaugh~'n ////
Commissioner of the ~venue
Approved as to form:
~ihy ^~omey
were approved by the Council
October , 19 95
C~t¥
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the followIng apphcat~ons for license refunds, upon cerbficat~on of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty Int.
Year Paid
Total
Valianos, Ernest G. (Estate of)
2393 Haversham Close 1995
Virginia Beach, VA 23454
Welpe, Wayne L.
T/A W L W Consulting
1612 Cliffwood Drive
Virginia Beach, VA
23456
Audit 1,235.41
3-M Enterprises, Inc.
T/A Miller Auto Parts
5120 Violet Bank Drive
Virginia Beach, VA 23464
1993-95 Audit 16.00
1994-95 Audit 178.19
1,235.41
16.00
178.19
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totahng $1,429.6o
of the C~ty of Vlrg~ma Beach on the 17
day of
Cerbfied as to Payment.
~---Rb~ert P Vaugh~n ~
Commissioner of the Revenue
Approved as to form:
were approved by the Council
October
,19
95
Ruth Hodges Smith
C~tv Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPUCATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CiTY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
,, ,,
NAME Ucense Date
Base Penalty Int.
Year Paid
River Shores Animal Clinic, Ltd.
700 South Military Highway 1993-94
Virginia Beach, VA 23464
Audit 701.90
Total
701.90
Th~s ordinance shall be effectIve from date of
adoption.
The above abatement(s) totahng $701.90
of the City of Vlrg~ma Beach on the 17 day of
Cemf,ed as to Payment:
Robert P. VauglYan'
Commissioner of the Revenue
Approved as to form:
City Attorney
were approved by the Council
October , 19
95
Rutt~ Hodges Smith
- 34 -
Item IV-lC
PUBLIC HEARING
ITEM # 39891
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. L. E. INDUSTRIES, INC.
CONDITIONAL USE PERMIT
2. H. ALE~DER JONES
CONDITIONAL USE PERMIT
3. MOUNT BETHEL BAPTIST CHURCH
CONDITIONAL USE PERMIT
4. UNION BAPTIST CHURCH
CONDITIONAL USE PERMIT
5. BAPTIST EXTENSION BOARD, INC.
CHANGE OF ZONING
CONDITIONAL USE PERMIT
6. JASON B. COW~4N
CHANGE OF ZONING
7. ROBERT T. TAYLOR, PRESIDENT, PLEASANT ACRES LTD. CHANGE OF ZONING
October 17, 1995
- 35 -
Item IV-K.
PUBLIC HEARING
ITEM # 39892
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED in
ONE MOTION Items 3, 4, 5 and 7 of the PLANNING BY CONSENT AGENDA.
Item 4 was DEFERRED BY CONSENT for 30 days.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 17, 1995
- 36 -
Item IV-K.1
PUBLIC HEARING
ITEM # 39893
PLANNING
E. T. Casterline, President - L. E. Industries, Inc., represented the applicant
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of L. E. INDUSTRIES, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF L. E. INDUSTRIES, INC. FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR
GARAGE R010951989
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, FIRGINIA
Ordinance upon application of L. E. Industries, Inc. for a Conditional
Use Permit for an automobile repair garage at the northeast intersection
of South Military Highway and Providence Road. Said parcel is located
at 980 South Military Highway and contains 1.349 acres. KEMPSVILLE
BOROUGH.
The following conditions shall be required:
.
All storage of parts and repair work are to be conducted within
the automobile repair garage structure. There shall be no
outside storage of parts or outside repmr permitted.
2.
Applicant shall work with the Planning Department to provide
as much landscaping as possible to comply with landscaping
requirements without tearing up existing impervious areas.
3. The color blue shall be utilized instead of yellow as depicted in
the rendering of the plan.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth of October, Nineteen
Hundred and Nine~_ -Fiv¢.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold
Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E.
Oberndo~ Nancy ~ Parker, Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W.. Harrison, Jr.
October 17, 1995
- 37 -
Item IV-K.2
PUBLIC HEARING
ITEM # 39894
PLANNING
Billy Garrington, 471 Southside Road, Phone: 428-4245, represented the applicant
Douglas Wolfe, 4832 Sheldon Drive, Phone: 464-3209, Phone: 464-3209, spoke in OPPOSITION.
Upon motion by Councilman Jones, seconded by Councilman Dean, City Council DENIED the
application of H. ,4LEXANDER JONES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF H. ALEXANDER JONES FOR
A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE XdLES
Ordinance upon application of ri. Alexander Jones for a Conditional Use
Permit for motor vehicle sales on the west side of Pleasure House Road
on Lots 38 & 39 Bradford Terrace, Section 2. Said parcel is located at
2013 Pleasure House Road and contains 26,160 square feet. BAYSIDE
BOROUGH.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R Jones, Mayor Meyera E.
Oberndoff, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
Harold Heischober
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
October 17, 1995
- 38 -
Item IV-K.3
PUBLIC HEARING
ITEM # 39895
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED 30
days to the 28 November 1995 City Council Session: Ordinance upon application of MOUNT BETHEL
BAPTIST CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MOUNT BETHEL BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT
Ordinance upon application of Mount Bethel Baptist Church for a
Conditional Use Permit for a church on the east side of Indian River
Road, north of Stumpy Lake Lane. Said parcel is located at 4636 Indian
River Road and contains 2.9 acres. KEMPSVILLE BOROUGH.
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 17, 1995
- 39 -
Item IV-K.4
PUBLIC HEARING
ITEM # 39896
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Ordinance upon application of UNION BAPTIST CHURCH for a C(mditional Uye Permit:
ORDINANCE UPON APPLICATION OF UNION BAPTIST CHURCH
FOR A CONDITIONAL USE PERMIT FOR A CHURCH R010951990
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Union Baptist Church for a Conditional
Use Permit for a church on the north side of South Boulevard, 600 feet
more or less northeast of Independence Boulevard. Said parcel is located
at 4608 South Boulevard and contains 1.186 acres. KEMPSVILLE
BOROUGH.
The following condition shall be required:
Best Management Practice Facilities shall be located in a
manner which preserves on-site trees to the greatest extent
practicable.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth o.f October, Nineteen
Hundred and Nine~_ -Five.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William gE.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 17, 1995
Item 1V-K.$
PUBLIC HEARING
ITEM # 39897
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED
Ordinances upon application of BAPTIST EXTENSION BOARD, INC. for a Change of Zoning District
Classification and Conditional Use Permit:
ORDINANCE UPON APPLICA TION OF BAPTIST EXTENSION BOARD,
INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-1 TO R-lO Z010951468
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Baptist Extension Board, Inc. for a
Change of Zoning District Classification from B-1 Neighborhood
Business District to R-lO Residential District on certain property located
at the southeast corner of Independence Boulevard and Round Hill Drive.
The proposed zoning classification change to R-lO is for single family
residential land use on lots no less than 10,000 square feet. The
Comprehensive Plan recommends use of this parcel for single family
residential use at densities that are compatible with single family use in
accordance with other Plan policies. Said parcel contains 6.239 acres.
KEMPSVILLE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF BAPTIST EXTENSION BOARD,
INC. FOR A CONDITIONAL USE PERMIT FOR ,4 CHURCH
R010951991
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Baptist Extension Board, Inc., for a
Conditional Use Permit for a church on certain property located at the
southeast corner of Independence Boulevard and Round Hill Drive. Said
parcel contains 6.239 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
.
2.
Site improvements shall be in accordance with the submffted
development plan entitled "Church Facility for Glenwood
Baptist Church" dated 15 August 1995.
The church facility shall be constructed in accordance with the
submitted renderings entitled "Preliminary Elevations, Church
Facility for Glenwood Baptist Church" dated 15 August 1995.
The exterior building treatments shall be in accordance with the
materials presented to the Design Advisory Group on 21 August
1995 and on file in the Planning Department.
The future sanctuary addition shall be in keeping with the
above-referenced architectural style and exterior building
treatments.
October 17, 1995
- 41 -
Item IV-K.5
PUBLIC HEARING
ITEM # 39897 (Continued)
PLANNING BY CONSENT
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth of October, Nineteen
Hundred and Nine~_ -Five.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert 14. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 17, 1995
Item IV-K.6
PUBLIC HEARING
ITEM # 39898
PLANNING
Upon motion by Councilman Dean, seconded by Council Lady Parker, City Council ,4LLOWED
WITHDRAWAL of an Ordinance upon application of JASON B. COW,IN for a Change of Zoning:
ORDINANCE UPON APPLICATION OF JASON B. COWAN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-18 to
R-SR
Ordinance upon application of Jason B. Cowan for a Change of Zoning
District Classification from A- 18 Apartment District to R- 5R Residential
Resort District on certain property located at the northwest intersection
of Lincoln Avenue and Alabama Avenue. The proposed zoning
classification to R-5R is for single family residential land use on lots no
less than 5,000 square feet. The Comprehensive Plan recommends use of
this parcel for urban medium Iow density residential at densities that are
compatible with use in accordance with other Plan policies. Said parcel
contains 19,000 square feet. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 17, 1995
Item IV-K. 7
PUBLIC HEARING
ITEM # 39899
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an
Ordinance upon application of ROBERT T. TAYLOR, PRESIDENT, PLEAS~ ACRES LTD. for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF ROBERT T. TAYLOR,
PRESIDE~ PLEASANT ACRES LTD. FOR A CHANGE OF ZONING
FROM AG-2 to R-10 Z010951469
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert T. Taylor, President, Pleasant
Acres Ltd., for a Change of Zoning District Classification from AG-12
Agricultural District to R-lO Residential District on the northeast side
of Holland Road beginning at a point 1085 feet more or less southeast
of Chestwood Drive. The proposed zoning classification change to R-lO
is for single family residential land use on lots no less than 10,000
square feet. The Comprehensive Plan recommends use of this parcel for
Suburban low density residential use. Said parcel contains 9.5 acres.
PRINCESS ANNE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth of October, Nineteen
Hundred and Ninety-Five.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 17, 1995
Item 1V-L.I.
APPOINTMENTS
ITEM # 399OO
BY CONSENSUS, City Council RESCHEDULED:
HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
SOUTHEASTERN VIRGINIA AREA WIDE MODEL PROGRAM - SEVAMP
TRANSPORTATION SAFETY COMMISSION
October 17, 1995
Item IV-L.2.
APPOINTMENTS
ITEM # 399O1
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
HUMAN RIGHTS COMMISSION
Ellis Hinnant-Will
Unexpired Term thru 1/31/97
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
October 17, 1995
Item 1V-M. 1.
CITY COUNCIL CONCERNS
ITEM # 39901
Councilman Branch referenced the changing of the name from SEASHORE STATE PARK to FIRST
LANDING.
Mayor Oberndorf distributed a copy of the correspondence from Alexander P. Grice, III, MAI, FAS. d, Past
President - The Order of Cape Henry 1607, and her reply. Mr. Grice requested support for changing the
name of Seashore State Park to First Landing Park. The Historical Review Board was unable to reach
a consensus on a recommendation. The Mayor said correspondence is hereby made a part of the record.
ITEM # 39902
Councilman Dean referenced the recommendation on the BPOL Ordinance received from the Virginia
Municipal League. Councilman Dean requested a WORKSHOP be SCHEDULED on this matter. The
City Manager advised this has been scheduled for City Council Session on November 14, 1995. The fiscal
consequence was approximately $3,300. The Commissioner is recommending approval. This is an effort
to standardize this tax thru all jurisdictions and has been coordinated by the Mayors and Chairs group
Mayor Oberndorf advised VIffL requested adoption in order to inform the General Assembly the localities
had tried to accommodate some of the concerns expressed by the Governor and in an effort not to have
the BPOL tax entirely eliminated. The VML worked with a Member of the House and his committee on
this model ordinance.
ITEM # 39903
Councilman Dean referenced the Press Releases from the Forward Hampton Roads referenctng all of the
projects which have come on line with the City of Virginia Beach. Avis, Lilhan Vernon and Oceana
Sensors, et cetera. If Forward Hampton Roads is touting these compames as accomphshments for thetr
organizations, what role has Economic Development played? Councilman Dean did not feel Forward
Hampton Roads played a major role.
The City Manager advised this has been a team effort. In many cases, the contacts come into the State
of Virginia and are then turned over to Forward Hampton Roads and then as the screening process goes
forward, at some point, they are forwarded to the respective locahty.
Mayor Oberndorf expressed appreciation to the City Staff for their tremendous endeavors in economic
development.
ITEM # 39904
Councilman Dean referenced the new Princess Anne Post Office. The City Manager advised the City
Staff will be coordinating in terms of the site selection process. Location is the Post Office's decision.
Councilman Dean had suggested the possibility of Corporate Landing as a location and this is an idea
which will be forwarded to them.
Council Lady Henley advised the Princess Anne Post Office, although a decision of the Post Office, needs
to be in the area of the zip code it is serving.
October 17, 1995
- 47 -
Item IV-M. 1.
CITY COUNCIL CONCERNS
ITEM # 39905
Councilman Dean advised the projected penalties for water consumption paid to the City of Norfolk are
over SI-MILLION.
ITEM # 39906
Councilman Dean referenced the General Assembly Joint Subcommittee H JR 656 with a Public Hearing
at Norfolk State University on October 25, 1995.
The City Manager provided a copy of the Memo to Councilman Dean.
ITEM # 39907
Councilman Dean referenced correspondence relative the Rudee Inlet issue expressing citizen concerns.
The new marina is lacla'ng in necessary services. There are underground problems, pump out stations and
fire control.
The City Manager will report relative this item.
ITEM # 39908
Council Lady Henley referenced the Public Hearing relative the transit issue. The meeting date keeps
changing. Council Lady Henley plans to attend and comment as an individual.
Mayor Oberndorf advised Robert Matthias had forwarded a memorandum to her relative this Public
Hearing. Before she wouM speak, however, she would need guidance from City Council, unless she was
speaking as the Virignia Municipal League President or individually.
ITEM # 39909
Council Lady Parker referenced the Virginia Beach Development Authority's request for a Change Order
for the access road for the amphitheater. Council Lady Parker referenced the Center Point Park and the
proffers relative the landscaping in conjunction with the adjacent neighborhoods.
The City Manager will provide information re the access road and Center Point Park.
Council Lady Parker referenced Salem Road and the widening of Salem Road behind the houses near the
location of the proposed Hannaford Shopping Center off Princess Anne and Salem Roads. Council Lady
Parker was concerned relative this widening.
The City Manager advised there are six lanes at the north end and a six-lane intersection to which this
section of road connects.
October 17, 1995
Item IV-M.1.
CITY COUNCIL CONCERNS
ITEM # 39910
Councilman Baum referenced the Hampton Roads Planning District Commission Meeting tomorrow,
October 18, 1995, re the Borrow Pit Study and the Groundwater Brochures. This study could be of
tremendous benefit to the City; however, Councilman Baum reiterated the one shortcoming is the affect
of borrow pits on adjoining properties. Ordinarily borrow pits do not pull water from very far away, but
everybody imagines, they are adversely affected within a mile or two. The real source of concern is truck
traffic. This study would be of assistance to Chesapeake and the rural areas in general. Councilman Baum
requested the City Staff advise if there is any reference to this type of affect which couM be hazardous
to other localities.
October 17, 1995
Item IV-O.
ADJOURNMENT
ITEM # 39911
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:50 P.M..
Beverly O. Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/A4E
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
October 17, 1995