HomeMy WebLinkAboutJUNE 4, 1990 MINUTES
City c>f Virgir1ia BeElcrr
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNOORF, At La'g'
VICE MAYOR ROBERT E. FENTRESS, Vi'ginia Beach &n-ough
ALBERT W. BALKO, Lynnhaven &rough
JOHN A. BAUM, BI",kwatef Borough
HAROW HEISCHOBER, At La'g'
BARBARA M HENLEY, Pungo Borough
REBA S. McCLANAN, Princess Anne &rough
JOHN D. MOSS, K""proill, Borough
NANCY K. PARKER, At La'g'
JOHN L PERRY, Bay~de Borough
WILUAM D. SESSOMS, JR., At La'ge
AUBREY V. WAITS, JR., City Manag"
LESUE L. ULLEY, City Attorney
RUTH HODGES SMITH, CMC/AAE, City C/ak
CITY COUNCIL AGENDA
281 CITY HALL BUIWING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9005
(804) 427-4303
June 4, 1990
ITEM I.
COUNCIL CONFERENCE SESSION
- Conference Room - 11:30 AM
A. TIDEWATER COMMUNITY COLLEGE BOARD
ITEM I I. CITY COUNCIL CONCERNS
- Conference Room - 11:45 AM
ITEM I I I. L U N C H
- Conference Room - 12:15 PM
ITEM IV. INFORMAL SESSION
- Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM V. FORMAL SESSION
- Council Chamber - 2:00 PM
A. INVOCATION: Reverend Jim Snow
Scott Memorial United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. SPECIAL SESSION
May 23, 1990
2. INFORMAL & FORMAL SESSIONS
May 29, 1990
F. PRESENTATION
1. LABOR DAY COMMUNITY COORDINATION COMMITTEE
Dr. Harrison B. Wi Ison, Co-Chair
Andrew S. Fine, Co-Chair
G. PUBLIC HEARING
1. TAX EXEMPT status: TIDEWATER GUILD FOR INFANT SURVIVAL, INC.
H. RESOLUTIONS
1. Resolution supporting legislation re real and personal property
owned by Tidewater Guild for Infant Survival, Inc. being exempt
from state and local taxation.
2. Resolution directing the City Manager to prepare the Budget for
Fiscal Year 1991-92 re effect of changing the prerequisite to
exemption, deferral or freeze of real estate taxes for elderly or
disabled persons.
3. Resolution approving the mergers of Planning Districts Twenty and
Twenty-one I nto one d i str i ct and Southeastern Vi rg in I a P I ann i ng
District Commission and the Peninsula Planning District Commission
Into the Hampton Roads P I ann Ing D I strl ct Comml ss Ion; and,
authorizing the City Manager to execute Charter Agreement of the
Hampton Roads Planning District Commission re the provisions of the
Virginia Area Development Act.
I . ORD I NANCES
1. Ordinance to AMEND the Master Street and Highway Plan of the City
of Virginia Beach:
ADDING a major North-South arterial running from the terminus of
London Bridge Road South to the current Intersection of West Neck
Road and Princess Anne Road;
AND,
DELETING the proposed four-lane undivided highway running along the
Northwest side of the Christopher Farms Subdivision from Holland
Road to Princess Anne Road (future Ferrel I Parkway).
DEFERRED May 29, 1990.
(Planning Commission recommended Approval.)
2. Ordinance to AMEND and REORDAIN Chapter 35, Article I I of the Code
of the City of Virginia Beach, Virginia, by ADDING Division 4,
Section 35-80.1 re exemptions from taxation for certain
rehabilitated residential real estate.
J. CONSENT AGENDA
A II matters listed under the Consent Agenda are cons i dered I n the
ordinary course of business by City Counci I and will be enacted by
one motion in the form I isted. If an item Is removed from the Consent
Agenda, it wil I be discussed and voted upon separately.
1. Resolution supporting the continuation of the Virginia Beach Clean
Community Program; and, requesting $20,105 grant funding from the
Virginia Department of Conservation and Historic Resources,
Division of Litter Control.
2. Resolution requesting the Virginia Department of Waste Management
designate a solid waste planning region and agency for Southeastern
Virginia.
3. Resolution confirming the appointments of:
a. Richard J. Beaver, Assistant City Attorney
effective May 1, 1990
b. L. steven Emmert, Assistant City Attorney
effective June 1, 1990
4. Ord i nance to AMEND and REORDAIN the Code of the Ci ty of Vi rg I n I a
Beach, Virginia, by ADDING Section 6-112.2 re designation of a boat
channel In Broad Bay and The Narrows.
5.
Ordinance authorizing acquisition of property
temporary and permanent easements, either
condemnation, for right-of-way re Tidewater
offslte access Improvements (CIP 2-081).
I n fee simp I e an d
by agreement or
Community College
6. Ordinance, upon SECOND READING, to APPROPRIATE $1,189,788 as
proceeds from lease purchase re providing Improvements for the
Oceanfront Resort Area communications.
7. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $338,700
from a Federal Alcohol and Drug Abuse Block Grant Award for Mental
Health/Mental Retardation/Substance Abuse Department re alcohol and
drug treatment services.
8. Ordinance to TRANSFER $164,700 from within the FY 1989-1990
Operating Budget to the Department of Juvenile Probation re
estimated additional expenses for Juvenile placements.
9. LOW BIDS:
a. CENTEX CONSTRUCTION
COMPANY, INC.
Judicial Center
(C I P 3-977)
$26,087,000
b. ASPHALT ROADS &
MATER I ALS CO.,
INC.
1989-90 Bituminious
Concrete Maintenance
Schedule - Contract IV
$ 818,260
c. ORION ASSOCIATES,
INC.
Gracetown Area
Street Improvements
(Underground Stormwater
Drainage System)
(CIP 2-946)
$ 589,500
4/31/90 I bs
K. APPOINTMENTS
PUBLIC LIBRARY BOARD (Resignation)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. INTERIM FINANCIAL STATEMENTS
July 1, 1989 - Apri I 30, 1990
Giles G. Dodd, Assistant City Manager for Administration
N. ADJOURNMENT
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 4, 1990
The BRIEFING relative the TIDEWATER COMMUNITY COLLEGE BOARD to the VIRGINIA
BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the
Conference Room, City Hall, on Monday, June 4, 1990 at 11:30 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Absent:
Barbara M. Henley (ENTERED: 11:35 A.M.)
Reba S. McClanan (ENTERED: 11:58 A.M.)
John D. Moss (ENTERED: 1:35 P.M.)
John L. Perry (ENTERED: 12:48 P.M.)
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C 0 U N C I L CON FER E N C ESE S S ION
TIDEWATER COMMUNITY COLLEGE BOARD
11: 30 A.M.
ITEM # 32907
Dr. George Pass, President - Tidewater Community College, introduced Dr. E. T.
Buchanan, Dean of Student Affairs and Bob Grimes - Dean for the District Office
and Academic Student Services Coordinator.
Tidewater Community College is now a rather large and complex institution. The
first campus in Chesapeake opened in 1968 on 750 acres of property at Pig Point
donated by Fred Beasley, a Portsmouth Philanthropist. This campus continues to
expand in its enrollment. The Portsmouth Campus opened in 1973 on property
between "Great Bridge" and "Deep Creek". This Campus is also growing. The
Virginia Beach campus is by far the largest. 19,000 students were enrolled this
past Fall.
Dr. Pass cited the enrollment figures of each of the various campuses
comprising Tidewater Community College:
11,000 - Virginia Beach Campus
5,000 - Portsmouth Campus
3,000 - Chesapeake Campus
During this past year, Tidewater Community College served 29,851 students in
credit courses. Of this total, 17,500 were served at the Virginia Beach Campus.
In 1971 the Virginia Beach Campus was opened in the Barracks of Camp Pendleton
with only 573 students. In the Fall of 1974, Tidewater Community College moved
to the Princess Anne Campus. Fifty-four percent (54%) of the students at the
Beach Campus are women. Seventy-two percent (72%) of the students attend school
during the day. There are thirty percent (30%) Occupational Technical Students
who plan to go directly into the business world or to stay in the business
world.
Dr. Pass cited the following tuition rates per credit hour:
Tidewater Community College - $ 26.60
Old Dominion University $100.00
Norfolk State University $ 79.00
Norfolk State and Old Dominion are prepared for out-of-state students.
Tidewater Community College primarily serves local citizens.
The Budget of the Beach Campus is $12,978,035. Approximately $11-MILLION of
this Budget entails personal services, salaries, et cetera. The Teaching
faculty is comprised of 140 individuals with an administrative faculty of 28,
classified employees numbering 67, all of whom are full time. There are
approximately 268 part-time faculty members with 28 classified employees. Thus,
the Beach Campus is a major employer with a total of 530 employees.
There are fifteen (15) public senior colleges in Virginia with twenty-three
(23) community colleges.
It was suggested the name change from Tidewater Community College to Hampton
Roads Community College: This would have to be approved by the State Board of
Community Colleges, only if there would be a recommendation from the College's
local Board.
June 4, 1990
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C I T Y C 0 U N C I L CON C ERN S
11:50 A.M.
ITEM # 32908
Councilwoman Parker distributed copies of the By-Laws of the Metropolitan
Washington Council of Government.
Councilwoman Parker had referenced during the City Council Session of May
Twenty-ninth that Mr. John Bosley, Legal Counsel, had advised Wash-COG has a
proportional representation based on population as is proposed by the merger,
but went one step further. In the monthly COG Board of Directors meeting, if
asked for by a single member, any budgetary item could be decided by a
"weighted vote" versus a simple majority. In addition, if three jurisdictions
request, any other matter may be decided by a "weighted vote". Councilwoman
Parker advised she did not notice this in the aforementioned Bylaws.
Apparently in Northern Virginia, there must be 25,000 residents in the locality
for that locality to have a member on the Executive Board. They are allowed one
vote and become a participatory member on this General Board that has a meeting
only once a year.
Realtive the regional contribution data for the Southeastern Virginia Planning
District Commission, Virginia Beach has 25.4% of the Population and contributes
31. 3% of the total operating cost, receiving only 17.5% of the vote. The
percentages were of great variance. The City should receive approximately 10
votes out of a 40-vote base or 12.5 votes.
Mayor Oberndorf advised the investment of Virginia Beach in the Planning
District also needs to be equated with the amount of service in return. Mayor
Oberndorf requested information relative the different services the
Southeastern Virginia Planning District Commission coordinates with the City.
Councilman Baum referenced the article in BUSINESS WEEK on Durwood Curling,
Executive Director of the Southeastern Virginia Planning District Commission.
This region has problems that go together and it is not simply dependent upon
which locality has the funds and the number of votes.
The City Manager advised the actual scope of services provided to Virginia
Beach are significantly greater than received by some of the smaller
jurisdictions. This is particularly reflected in the transportation efforts.
Councilwoman McClanan advised all rate increases are presented to the City
Council for their approval.
ITEM # 32909
Councilwoman Parker referenced the newspaper article relative the cleaning of
the City Barge at Owl's Creek. The City Manager will provide a Briefing during
the City Council Session of June 11, 1990. The article did not include the
efforts of the City to work with the appropriate regulatory agencies relative
environmental concerns.
ITEM # 32910
Councilwoman Henley advised the new issue of Virginia Business has emphasis on
the automobile society. There is an excellent article entitled: "Manmade
Jungle", which discusses Northern Virginia. The account involving the traffic
problems in Fairfax County and the analysis from the standpoint in the manner
in which the land use has been configured being the primary culprit. It is an
outstanding article. This article discusses the methods by which Europeans are
handling their zoning and land use, they are creating communities on a human
scale emancipating themselves from dependence of the automobile with
developments concentrated in smaller areas. Virginia Beach is mentioned with
the Pembroke Area Plan. Councilwoman Henley requested a status report relative
the utilization of the Consultant's Growth Management Report, (the latest
installment which has just been received).
Councilwoman Henley requested the Video of Architect Andres Duany's land use
proposals be SCHEDULED for viewing by Members of City Council.
June 4, 1990
- 4 -
C I T Y C 0 U N C I L CON C ERN S
ITEM # 32910 (Continued)
Councilwoman Henley requested the concept of the Growth Management Study be
discussed so the $400,000 spent over the past two years would be justified,
the Study not simply placed on a shelf.
The Video shall be SCHEDULED for the City Council Session of June 18, 1990.
ITEM # 32911
Councilman Sessoms requested an update on recycling. The time is ideal for the
placement of more containers in better locations.
Councilwoman Henley referenced an article in the newspaper suggesting
containers be placed in the Parks and labeled for aluminum cans only.
Councilman Sessoms suggested attendance by a representative at a Council of
Civic Organizations meeting to understand where the locations of containers
would be most convenient and not considered an "eyesore" by citizens.
Councilwoman Parker advised of her request to the City Manager for a BRIEFING
relati ve the City's plans for recycling. The City Manager will be providing
same during the Formal Session today, June 4, 1990. Councilwoman Parker
referenced the Resolution requesting the Virginia Department of Waste
Management designate a solid waste planning region and agency for Southeastern
Virginia (See Item V-J.2 of the CONSENT AGENDA).
Mayor Oberndorf advised she is recelvlng two types of letters. One from
individuals preferring mandatory recycling adopted immediately and the other
preferring voluntary disposal of recycleables
Councilman Baum advised an employee should be stationed at each disposal site
to assure compliance.
June 4, 1990
- 5 -
ITEM # 32912
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding, on
Monday, June 4, 1990, at 12:22 P.M.
Counci I Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wi I I iam D. Sessoms, Jr.
Counci I Members Absent:
John D. Moss and John L. Perry
June 4, 1990
- 6 -
ITEM II 32913
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the fol lowing purposes:
1. PERSONNEL MATTERS: Discussion, consideration or Interviews of prospective
candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disclpl ining, or resignation of specific
public officers, appointees or employees pursuant to Section 2.1-344(A)
(1). To-wit: Boards and Commissions as I isted in the Formal Agenda.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publ icly held property, or of the plans for the future of
an institution which could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2.1-344(A) (3).
3. LEGAL MATTERS: Consultation with legal counselor briefings by staff
members, consultants or attorneys, pertaining to actual or probable
I itigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or
probable I itigation or other specific legal matters are the fol lowing: (1)
City v. Nationwide Mutual Insurance Co. & Commonwealth of Virginia.
Upon motion by Counci Iman Baum, seconded by Counci I woman Parker, City Counci I
voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Counci I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wi I I iam D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Council Members Absent:
John D. Moss and John L. Perry
June 4, 1990
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FOR MAL S E S S ION
VIRGINIA BEACH CITY COUNCIL
June 4,1990
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hal I Bui Iding, on Monday, June
4, 1990, at 2:00 P.M.
Counci I Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Wi I I iam D.
Sessoms, Jr.
Counci I Members Absent:
None
INVOCATION:
Reverend Jim Snow
Scott Memorial United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
June 4, 1990
- 8 -
Item V-D.l.
CERTI F ICATI ON OF
EXECUTIVE SESSION
ITEM # 32914
Upon motion by Vice Mayor Fentress, seconded by Counci I woman Parker, City
Counc II ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
Only publ ic 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 publ ic business matters as were
i dent if i ed in the mot i on conven i ng th is Execut i ve
Session were heard, discussed or considered by
Virginia Beach City Counci I.
Voting: 10-0
Councl I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and Wi I I iam D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Abstaining:
John D. Moss
Council Members Absent:
None
Counci Iman Moss ABSTAINED as he entered the Executive Session at 1 :35 P.M,
therefore missing a large portion of the meeting.
June 4, 1990
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CERTIFICATION OF EXECUTIVE SESSION
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2,1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public business matters as
were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council voted to proceed
into EXECUTIVE SESSION to consider:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for
employment, assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees or employees
pursuant to Section 2.1-344(A) (1). To-wit: Appointments to Boards and Commissions.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use
of real property for public purpose, or of the disposition of publicly held property, or
of the plans for the future of an institution which could affect the value of property
owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3).
3. LEGAL MATTERS: Consultation with legal counselor 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).Actual or probable litigation or other specific legal matters are the following:
(1) City v. Nationwide Mutual Insurance Co. & Commonwealth of Virginia.
VOTE: 9-0
Council Members Voting AYE:
Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. Sessoms, Jr.
None
Council Members ABSTAINING:
Council Members ABSENT for the Vote:
None
John D. Moss and John L. Perry
Council Members ABSENT for the Meeting:
None *Councilman Perry ENTERED the Executive Session at 12:48 P.M.
*Councilman Moss ENTERED the Executive Session at 1:35 P.M.
~:~L71 ?-~~
Ruth Hodges Smith, CMC/AAE
City Clerk
June 4, 1990
- 9 -
Item V-D.E.l.
MINUTES
ITEM # 32915
Upon motion by Counci Iman Sessoms, seconded by Counci I woman Parker, City
Counci I APPROVED the MINUTES of the SPECIAL SESSION of May 23, 1990:
Voting: 9-0
Counci I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wi I I iam D. Sessoms, Jr.
Council Members Voting Nay:
None
Councl I Members Abstaining:
John D. Moss and John L. Perry
Counci I Members Absent:
None
Counci I Members Moss and Perry ABSTAINED as they were absent during the Special
Session of May 23, 1990.
June 4, 1990
- 10 -
Item V-D. Eo 2.
MINUTES
ITEM # 32916
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Cunci I
APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of May 29, 1990, as
CORRECTED:
Page 26, ITEM # 32891
ORDINANCE UPON APPLICATION OF LASSITER AND
ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION
FROM A-12 TO B-2 Z05901285
The following name was omitted from the I ist of
Speakers in SUPPORT of the appl ication:
Sterl ing Webster, who identified himself as an
adjacent resident.
Voting: 11-0
Counci I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Helschober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Wi I I iam D.
Sessoms, Jr.
Councl I Members Voting Nay:
None
Counci I Members Absent:
None
June 4, 1990
- 11 -
Item V-F.
PRESENTATION
ITEM # 32917
LABOR DAY COMMUNITY COORDINATION COMMI'ITEE
Andrew S. Fine, Co-Chair of the LABOR DAY COMMUNITY COORDINATION COMMI'ITEE,
advised Dr. Harrison Wilson was unable to attend as the State Commission on
Higher Education was visiting at Norfolk State University and Dr. Wilson felt
compelled to remain.
Mr. Fine advised the fund ralslng efforts are continued with key calls to banks
and other large regional institutions. The six Public Forums have been formally
scheduled with the first being Tuesday, June 5, 1990, at Kempsville Junior High
School at 7:30 P.M. The Subcommittees continue to work on the details and
coordination of timing of the events and programming. There was a media
training session on June First with Manning, Salvage and Lee.
There will be a fund raising session with the Hotel, Motel Owners and Retailers
on June 14, 1990, at which time they will be requested to contribute. The LDCCC
is optimistic of significant contributions.
A list will be provided to City Council of the contributions citing the donor
or "Anonymous", if they wish to remain so.
June 4, 1990
- 12 -
Item V-G.
PUBLIC HEARING
ITEM # 32918
Mayor Oberndorf DECLARED a PUBLIC HEARING:
TAX EXEMPT status: AMERICAN (TIDEWATER) GUILD FOR INFANT SURVIVAL, INC.
Mark P. Hessek President - Tidewater Guild for Infant Sur vi val, Inc., 301
Eastwood Circle, Phone: 463-3845. Earlier this year, the Guild filed with the
State Corporation Commission to officially change the name to "American Guild
for Infant Survival, Inc". This name change was effective May 24, 1990.
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
June 4, 1990
- 13 -
I tem V-H.l
RESOLUTIONS
ITEM # 32919
Upon motion by Councilwoman Henley, seconded by Counci Iman Sessoms, City
Council ADOPTED, as REVISED:
Resolution supporting legislation re real and
personal property owned by American Guild for
Infant Survival, Inc. being exempt from state and
local taxation.
Voting: 10-1
Councl I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and Wil I iam D. Sessoms, Jr.
Counci I Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
J un e 4, 1990
1
2
3
4
5
6
7
8
9
10
11
A RESOLUTION SUPPORTING LEGISLATION
WHICH WILL DESIGNATE REAL AND
PERSONAL PROPERTY OWNED BY AMERICAN
GUILD FOR INFANT SURVIVAL, INC.,
FORMERLY KNOWN AS TIDEWATER GUILD
FOR INFANT SURVIVAL, INC. AS BEING
EXEMPT FROM STATE AND LOCAL TAXATION
WHEREAS, property located in the City of Virginia Beach
12 and owned by Tidewater Guild for Infant Survival, Inc., (which
13 entity changed its name effective May 24, 1990 to, and is
14 hereinafter called, American Guild for Infant Survival, Inc.,) is
15 currently subject to ad valorem taxation; and
16 WHEREAS, American Guild for Infant Survival, Inc., has
17 requested the Council of the City of Virginia Beach to adopt a
18 resolution in support of its request that the General Assembly act
19 in accordance with Article X, ~ 6 (a) (6) of the Constitution of
20 Virginia to designate the real and personal property of American
21 Guild for Infant Survival, Inc. as being exempt from state and
22 local taxation; and
23 WHEREAS, pursuant to ~ 30-19.04 of the Code of Virginia,
24 the Council of the City of Virginia Beach has held a public
25 hearing prior to the adoption of this resolution and has given all
26 citizens an opportunity to be heard; and
27 WHEREAS, the Council of the City of Virginia Beach has
28 examined and considered the provisions of subsection (B) of ~ 30-
29 19.04 of the Code of Virginia; and
30 WHEREAS, the Council of the City of Virginia Beach is of
31 the opinion that American Guild for Infant Survival, Inc., should
32 be designated as a benevolent corporation within the context of
33 ~ 6(a)(6) of Article X of the Constitution of Virginia, and that
34 real and personal property located in the City of Virginia Beach
35 and owned by American Guild for Infant Survival, Inc., and used by
36 it exclusively for benevolent purposes on a nonprofit basis should
37 be exempt from state and local taxation;
38
39 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
40 VIRGINIA BEACH:
41 That the Council of the City of Virginia Beach supports
42 the enactment of legislation involving the designation of American
43 Guild for Infant Survival, Inc., formerly known as Tidewater Guild
44 for Infant Survival, Inc., as a benevolent corporation within the
45 context of S 6(a)(6) of Article X of the Constitution of Virginia,
46 and that real and personal property owned by American Guild for
47 Infant Survival, Inc., which is located within the City of
48 Virginia Beach and used exclusively for benevolent purposes on a
49 nonprofit basis, be declared exempt from state and local taxation.
50 Adopted by a majority of the Council of the City of
51
Virginia Beach on this
4
day of
June
, 1990.
52
53
54 NEW/awj
55 4/19/90
56 6/4/90
57 CA-3722
58 Noncode\Tidewater.Res
2
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APPLICATION TO CITY OF VIRGINIA BEACH FOR
EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION
Applicants: Please fill out this I fonn and submit same to the City Manager, Municipal Center,
Virginia Beach, Virginia 23456. In any instance where additional space is ~eeded to complete your
answer to a particular question, please utilize a separate sheet of paper and attach it to this
application. ~
Fo mal ~e of corporati.on/o~ani.za~: . I 'c2.ewd-<r
r l-VL J-5urv{/)d 1-VLC (' {,-ts' frF(J-t J
Address: J S-- b 5 LIrS (c:. , Iv f2.e1.
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Telephone Number: eft> Lf-,... 'f ~ "3 - '3 cP- Y )-
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1. Is the organization chartered or incorporated under the laws
of the Commonwealth of Virginia?
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3.
For what p~rpose is t~e group cha~tered? ~ ; ~ . (tJ s.t--
I V\- ~.r~ f ~.J ~c:O-lJ J L''\ t- Co LJ ""- .s--e-f l") c.! pc,- r- 5 ~ "-v-(
b~ tv S; r OS' tJ--.---cf 0 .rt'-'-{ &~ w S <- S' ,
Describe in detail and specifY the location of all real and
personal property for which exemption is sought.
\ 4v~() G. 1-<. .- I q 8-'\. [-\-or0l),A-- ~~ OlA)t\d ~ Corf"vJ-,~
\ 'f)..e.--s lc t wor-ciprvc<:J~v"-J ',C,~L':-S I '2--~{<!-91 2.--(c-~t?51 ()'<..c 'Sc-r~~
~ ~ -r6 ~lA-L~rf7J- .
f'J C) (LeJt.) Pro (J~;:~
2.
4. List the present tax assessment of each parcel of 'real
property for which this exemption is sought:
Parcel O'J ! ;4- Parcel ,vIA
Description: Description:
Assessed Value: Assessed Value:
Land: $ Land: $ fJjJ-
Improvements: $ Improvements: $
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Total Assessed Total Assessed
Value: $ Value: $
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5. List the present tax assessment, by tax bill, of personal
property for which ,the exemption is sought.
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~ u l., s~e'1 oJ """t- ~: lIs CM- 'rt-.:.:, f t'zrf-i' ;l-j d-- J ') S4 lJ"" c~ fJ< ( Ciy,jJ
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6. For what purpose is the real property currently being used?
If there are several types of use for a single parcel,
indicate such usages by areas of the buildings and floor
loca tions . () (s) n -fJ /
R.-~..u3{ Of~(t:.~ 0Vv '-1 _...c:rv~.s ~S Q.O.k.("\/..f lv{
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a. Does any other individual, association or corporation
occupy or use any part of the premises of any property
for which exemption is sought? If yes, give details.
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b. Is any income derived from the use of any portion of
the real property by other individuals or groups,
whether considered as rent or reimbursement for
necessary expenses for services incurred? If yes, give
all details.
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7.. With regard to personal property, state the purpose for
which the property is being used and whether income is
derived from the use of any such property by individuals,
groups or otherwise. If so, give all details.
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'8. Is the organization exempt from taxation pursuant to Section
501(c) of the Internal Revenue Code of 1954? If so, attach
documenta tion. y "
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9. Has the ABC Board issued a current annual alcohol beverage
license for the service of alcohol beverages for use on the
property from which tax exemption is here sought?
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10,. Is any director or officer of the agency paid compensation
in excess of a reasonable allowance 'for salaries or other
compensation?
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11. Does any part of the earnings, exclusive of salaries, of
such organization inure to the benefit of any individual?
If so, list what portion and to whom for each of the past
three years.
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12. What portion of the service provided by such organization is
generated by funds received from donations, contributions,
or local, state, or federal grants? Donations shall include
the providing of personal services or the contribution of
any in-kind or other material services.
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13. Does the organization provide services for the common good
of the public? If so, explain in detail including in your
explanation a listing of the services provided, the cost of
the services to the recipient or method of determing cost of
the services to I the recipient, and any other details ,you
deem pertinent. .1-1.. i <' "'~r> . . -A-' .' ,(1G)v....s-e.. _._~ (Jv-('...~ ,;"
\1 I A J t? O\..n~:_'-L ~\.{. OV\.ly ) (1/) or}". f"U z-cY 1'\ ,t" ~,I ;- A.- ~ i l' 1l:
I .es, vv~ ( 11 ' o-..J l"LPr-~M 9~..-vlC'<-J '-":i.....;-'""<.-L
~Lf l7i VliJ.", A.-( Cbvl.\.s Y'1, "- ~ \;,,~ h.u~rJ5 ~ f) ]
~ ~s't--'fv r~L(7t......-A) J f
WI vuyt) .~r k.elf} CvV~S"-e.2l~ t-- fbllo~ ~--f ?-1)"~'1 ~,y'""
I~~AJ/'~,-~ JN~ ","-v'<:' 1,,\.~t"v-~.p1 ~ris ~ 't-divc.-<..
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14. What part, if any, of the activities of the organization
involves carrying on propaganda, or otherwise attempts to
influence legislation?
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15. Has the organization ever participated in, contributed to,
or intervened in any political campaign on behalf of any
candidate for public office? If the answer is yes, please
provide any qualifying information you deem necessary.
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16. State the organization's rule, regulation, policy, or
practice concerning discrimination on the basis of religious
conviction, ra.ce, col~r, Aex or natural origin, -.&-. !\J(J\A "'. f
{vCJ b (~C .tL.-P"'1{"'LJ-r '''"'It') v ~ ( r<:..c,,) C'-1. w ~ SeHZ.LI ot..r, V-'C.
17. List the name, business address and business telephone of
the president and secretary of the corperation/organization
as well as the managing officer. , ( . )
~ ",-....-1<::. p. 1+(:'" SSeJc / Pres ,J.....};-. U"-' f<-j .
E \ (e~ I~~ l~eSS'el~ Se.-c.r~~./rr~svr-c.... F'f.'-ec..,,;t-fV.e j)lr~
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18. ,In addition to the above, please provide the following
information:
(a) A copy of ~he organization's most recent audited
financial statement (i.e., current balance sheet and
income and expense statement for the. organization's
last fiscal period).
(b) A detailed listing of the current salaries and/or other
compensation of the officers and directors of the
organization. In addition, please specify as to each
officer or director so listed, the basis of the listed
salary or compensation (i.e., annually, per meeting,
hourly, commission, etc.).
(c) List the salary ranges of each employee position
classification and list the number of full-time and
part-time employees in each such classification.
(d) Specify what percentage of gross income of the
organization was required to pay real and personal
property taxes for each of the last three years.
(e)
Explain in detail why the City Council of the City of
Virginia Beach should recommend to the General Assembly
of Virginia that this organization should be exempt
from real and personal taxation in the City of Virginia
Beach. Please include in your explanation, the
services provided by the organization.
form was prepared by M ~~-[~ P, 1+65 S c Ie
P r.e 5 ( c1-e-..-Y-
This
whose title with the organization is
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(Signature)
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ORGANIZATION f-/i,,/.:;-:r<{;1.r () lid',? :J"~, /"
)11 /1f2-{~~ P t.JE.s SEt<
p!2-e/s /cl~'t-
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By: Name
Title
Date
STATE OF VIRGINIA
CITY OF VIRGINIA, to-wit:
VVJ fH2-f!- (} J+~S fEte being duly sworn, deposes
and says tha t hel she is the ,fll(?~ ( I)/.Z.-,~'t-- ( ti tIe) of
the Tlc.f.u.vd-~_r ~v /(d~,... Llf-i--5v,Vt~ ?:L ~ (legal name of
ownership organization) named in the within entitled application;
that he has read the foregoing information sheet and knows the
contents thereof; and that the same is true to his own knowledge
except as to the matters herein stated to be alleged upon
information and belief, and as to those matters he believes it to
be true.
/}J~~
(Signature of Officer)
Subscribed and sworn to before me this
Gyud , 197V.
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day of
~m'~
Notary Public
MY COMMISSION EXPIRES SEPT. 14, 1992
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TIDEWATER GUILD FOR INFANT SURVIVAL, INC.
301 Eastwood Circle
Virginia Beach, Virginia 23454
(804) 463.3845
Providing counseling, infant monitoring services, public education and research support concerning the Sudden Infant Death Syndrome
Paragraph 18 E
The Tidewater Guild for Infant Survival, Inc. is a small,
locally-based 501 (c) (3) non-profit charity dedicated to
combatting the Sudden Infant Death Syndrome ("SIDS" or "crib
death") and other causes of infant mortality, and to providing
counseling, education and support to families who have lost
babies to SIDS and other sudden causes. We do not charge a penny
for any of our services to bereaved families or others seeking
help.
We have been in existance in Tidewater since 1972, operating
initially as a totally volunteer group operating out of homes
until October, 1988, when we opened an office in Virginia Beach
to better serve the region.
Support for the organization is totally from voluntary
contributions, which often fall far short of actual expenses,
which are usually made up from the pockets of Mr. and Mrs.
Hessek, who have dedicated their lives to this cause.
To avoid even the slightest appearance of impropriety, and in
order to maintain the independence and integrity of the
organization, the TGIS,Inc. does not seek, nor accept, any
federal, state or city grants, It also avoids grants from drug
or medical companies, and the United Way simply because such
grants are often fraught with politics, strings and requirements
inappropriate to our mission of representing infants and
babies,and their families, and getting them medical care,
counseling and a "fair shake" from society.
The organization, despite its small size, has been on the
cutting edge of advances in reducing infant mortality
nation-wide. It designed and started a greatly-simplified home
infant monitoring program for high-risk infants in the mid-70's
at the Children's Hospital of the Kings Daughters. The program
was so very successful, it was adopted nation-wide within two
years, and forms the basis for infant monitoring programs in use
around the country and in the Western world.
The organization also is the one which pushed CHAMPUS and a
number of insurance companies into covering home monitoring. As
a result of the wide adoption of the above actions, infant
mortality has been reduced significantly nation-wide.
In addition, the organization is in the process of
encouraging hospitals and health departments locally and
nation-wide to implement new, simplified screening tests
which accurately spot infants who appear well, but may be at
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18 b. -The Guild does not have any salaried employees. Mrs.
Eileen Kay Hessek, the Executive Director, draws a management
fee of $200 per week when the funds are available. She is an
independent contractor who "puts in" an average of 60 hours per
week or more, including nights and weekends. A good third of the
time, this money for her has come from our personal savings.
18 c - N/A
18 d -N/A. We had been operating out of our home. Mark P. Hessek
made office space available for TGIS, Inc. out of his regular
business offices late in 1988.
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TIDEWATER GUILD FOR INFANT SURVIVAL, INC.
301 Eastwood Circle
Virginia Beach, Virginia 23454
(804) 463.3845
Providing counseling, infant monitoring services, public education and research support concerning the Sudden Infant Death Syndrome
TIDEWATER GUILD
FOR INFANT SURVIVAL INC.
1565 LASKIN ROAD
VIRGINIA BEACH, VA. 23451
OPERATING EXPENSES AND BUDGET
OCTOBER 1, 1988 SEPTEMBER 30, 1989
ITEM CATEGORV EXPENSES PERCENT
Counseling & Expenses $8,716.56 64%
Education & Research $3,097.59 23%
Office Expense, Licenses $1,834.70
Etc.
17%
Operating Total $13,648.85
Total 100%
Auto Purchase for TGIS, Inc. $12,800
Income Sources for the above period
$15,000.00 Contribution from George Newell of New ~ersey
(One-time gift to get started)
$10,000.00 Contribution from Mark P. & Eileen t<. tiessek
(One-time gift to get stqarted)
$3,648.85 Contributions from individuals and civic clubs.
Certified to be true and
corr~1 day ?d:~
Mark p~~dent .
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Gentlemen:
Based on information supplied, and
in your application for recognition of
exempt from Federal income tax under Sf.'
We have further determined you ar0
;~~t~~n seffd('bl) f,orcl1 (.~:{) :he Code, bec::
You are not liable for social sec\,
of exemption certificate as provided iJ.
You are not l.Jable for the taxes imposE'
(FUT A) ,":~. :J':;~"'"
f: i",~~r"'~:' ...~~.:tn.9~',> "6,.' '"rivate found"
'I,if:' "': ~,,:~i~!;,:~, ' . ,It. " 1\ih~o.d~~ow
;J'.""lf\~;r~.~ XOi~::5 "'\. '~:~
""r-~:':"a ,:,ded 1.,:" 'f\1:oull.on ' ;tc
tl,:"i9,"'~s'~~I;;'.1~1~~~' :- l;S'~~~a;'
...' ., ." "E! '. .:.._ Ei's tate and' gift'
:...,'.".:~~,q,' ':;~,,'. ", ",0 ,'... ".,.,it,:,j\:'l',..'~.~,"..., "". ~,~.:~~1'
"1~'n~,,'tlf"'y ,'K" , '~.ra6t...El.r.."'of m(
'US Know , ;we,i~j~:';RP~cfer."~1r6#~f-f'e~:tf (1:
Y'ou: 'mustifo':tni "US of all changes in yc
17 your gross receipts each year "
quired tojile Form 990, Return of Org;,
;O-;,,,,.~i~'!l;::II1:".J.:.5:.t,iL.-da~ Q,C~h.Jt,JJftn.....mc;m:j;.h. after the I,'
, law impo~~.~..'a.l;:''Peh.a:1ty' of"$lO a'day, up
a return on time.
You are not required to file Fedel
ject to the tax on unrelated business l
you are subject to this tax, you must:
this letter we are not determining whet
ties are unrelated trade or business a2
You need an employer identificaticl
an employer identification number was },
will be assigned to you and you will b~
all returns you file and in all corres]
Please keep this determination let
See Attached Sheet
'age 2
'idewater Guild for Infant Survival,,~,"
'his determination extends to your 1,.
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fORM ss~
(3-09)
'ART.
PI,ule m4k.1!\''''l'J \.
record 0/ ttM i'l-
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,hovld b. 10S! '
NO~ICE OF EMPLOYER
!DEMTlFICATION NUMBER
'Tidewater Guild for In!
16 Beverly H1118 Drive
Newport Newa, Va. 236\.
,.,..'......'~"""^-. ----:'lI' ~'d. '; ,.' ;,(.__. ,. U';I".:~~~'~~
~ plaia; j;(~lti~~~t;1d:'~~1201"'H""l':,",./r"':',"',"~ '
, A, :~ffi1D@au'1 @[t '1[}U@ ~lf@~@MO'W "
"~;.~~~.~ ,I
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:I'~f~~~\.,rnal Revenue Service
~!~~~~ tL" 1~7~_,_ ~~;FX1r;f1150'Rw
:~J:'~' .'&11 '~a.1.,,~r Guild for Infant
, i "!1;s'~'i v ill, Inc.
J.lii,:',e;ve dy Hills Drive
~i'~.t'J~mn Nows, Virginia 2.3606
'~lrlli J'I" 1',"",
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"";id.l.,.~j:l" ... operations will be as stated
,j.,':'';''':;il~" " ..ave determined you are
,,;. ,;: .Jj,. I, ~, I of the Internal Revenue Code.
" ~H;tl:';,j."'." t founda tion wi thin the mean-
j'~.l!t1"iU'tl' J.. organization, described in
, ' "
"r""r~jj,,;~1 " .'~es unless I~OIU file a waiver
tl~';~~:';;,. ,.~surance )6ntr;putions Act.
"..",.. ,,'" ' .leral Un;mp~oyment Tax", A~t
."oI"$~.(....f'~ dot s~f aot ,t? ,:th.'~X,o,.s~~,' "
,'" " ....l.t! flO-~ auto t "1 '"
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: S,,'; t(,.; I~; ':1;'0' -ye-u;.,;er, ;p.r -X.Q~, ,\,lsear~. 'I'
,.',~r;)Ol\,;e~:, ,!lder sect.iqv~: 2055"; 2106'il'~li;~,
,.! w:;'~, ~ o~f~il~:,~::'~Q}l,:..m.~~) let,.:;':'''''; ,;~:
.';:~ C;lifl,r,:t:,l' ;, your exeml?t;~taiuJf'o~';~*~;
"..,:lJ ~;,: ;-ess, ",.,.. "..,".,.".'.,'",.,..."",
. "..1.... .J ;8 than $5,000, you are re-
,,~,.,l,.I'.'~".. !" From Income Tax, by the ,'"",,, "::',':, """":,:'
, ;';;\~.,r ',' ;al, accoqnting period, The
r~','t;.rn;~I~IJ:'J,~ ;' $5; 000 ;i":foii;'failu're:"to.'~fHa':"""i""'''''''-''''~'
. ',,, "i.. ~:~,;
.eturns unless you are sub-
tion 511 of the Code. If
ax return on Form 990-T. In
;' present or proposed act1v1-
tion 513 of the Code.
.f you have no employees, If
jour application, a number
Please use that number on
,e Internal Revenue Servioe.
manent reoords.
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ly yours,
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.{.tl:.J.,:, D. Waters
Cu U, t Director
I.:,
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Form L-178 (Rev, 7-71)
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high risk to dying of SIOS and other causes.
The Guild works closely with the civilian and military
communities in aiding the families who have suffered losses,
whoneed monitors or have babies on monitors, and in informing
and educating the medical, paramedical, and emergency services
communities and the general public about SIOS.
The only assets the Guild owns is the car, the office
equipment and a checking account with a small balance for
operating expenses, yet it is able to accomplish enormous
good because of the dedication of its workers. It seeks no help
from the government at any level other than the normal
exemptions granted to such a non-profit corporation.
As a 501 (c) (3) corporation, it is exempt from Federal
taxes, as are all contributions made to it. The amount required
for personal property taxes on the vehicle represent nearly
two weeks of operating expenses for the Guild, which performs
all of its services for the public good, and seeks no assistance
from any government agency. It is therefore requested that the
City of Virginia Beach declare the Tidewater Guild for Infant
Survival, Inc. exempt from all personal property taxes from
October 1, 1988 onward.
,
Thank you for your assistance in this matter.
Mark P. Hessek
President
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- 14 -
Item V-H.2
RESOLUTIONS
ITEM If 32920
Upon motion by Councilwoman Parker, seconded by Counci Iman Moss, City Councl I
ADOPTED
Resolution directing the City Manager to prepare
the Budget for FI scal Year 1991-92 re effect of
changing the prerequisite to exemption, deferral or
freeze of real estate taxes for elderly or disabled
persons.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Helschober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent:
None
June 4, 1990
A RESOLUTION DIRECTING THE CITY
1 MANAGER TO PREPARE THE BUDGET FOR
2 FISCAL YEAR 1991-92 TAKING INTO
3 ACCOUNT THE EFFECT OF CHANGING THE
4 PREREQUISITE TO EXEMPTION, DEFERRAL
5 OR FREEZE OF REAL ESTATE TAXES FOR
6 ELDERLY OR DISABLED PERSONS
7
8
9 NOW, THEREFORE, BE IT RESOLVED by the Council of the
10 City of Virginia Beach:
11 That the City Manager is hereby directed to have the
12 budget for fiscal year 1991-92 prepared taking into account the
13 effect of changing the prerequisite to exemption, deferral or
14 freeze of real estate taxes for elderly or disabled persons from
15 the existing levels to an increase of total combined income to
16 $25,000.00 and the net combined financial worth increased to
17 $75,000.00, beginning on July 1, 1991, and the percentage of
18 exemption for combined incomes shall be scheduled from 100% down
19 to 10%, inclusive, in increments of 20% as follows:
20
21
22
23
24
25
26
27
28
29
30
31
32
Total Income
All Source
Tax Exemption
Effective July 1, 1991
$
00.
13,000.01
17,000.01
20,000.01
22,000.01
24,000.01
to $
to
to
to
to
to
13,000.00
17,000.00
20,000.00
22,000.00
24,000.00
25,000.00
100%
80%
60%
40%
20%
10%
Tha t the City Manager is
further directed to assist
33 Council in re-evaluating this program on a regular basis to ensure
34 that citizen needs are met in a way that is fiscally prudent for
35 the City.
36
37
38
39
40
41
42
43
the
Adopted by the Council of the City of Virginia Beach on
4 day of June , 1990
NEW/awj
5-30-90
CA-3772
Noncode\Elderly.Res
APPROVED AS TO. CONTENTS
SIGNA TURE
DEPARTMENT
APPROVED AS TO LEGAL
~:IENCYAND FORM
- ~~:~~~
AnoRNfY
- 15 -
Item V-H.3
RESOLUTIONS
ITEM If 32921
Upon motion by Counci Iman Sessoms, seconded by Counci'man Baum, City Counci I
ADOPTED:
Resolution approving the mergers of Planning
Districts Twenty and Twenty-one into one district
and Southeastern Virginia Planning District
Commission and the Peninsula Planning District
Commission into the Hampton Roads Planning District
Comm I ss i on; and, author i zing the City Manager to
execute Charter Agreement of the Hampton Roads
Planning District Commission re the provisions of
the Virginia Area Development Act.
Voting: 9-0
Counci I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, John L. Perry
and Wi I I lam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss and Nancy K. Parker
Councilman Balko DISCLOSED he was a Member of the Southeastern Virginia
Planning District Commission.
June 4, 1990
1
2
3
4
5
6
7
8
9
A RESOLUTION APPROVING THE MERGER OF PLANNING DISTRICTS
TWENTY AND TWENTY-ONE INTO ONE DISTRICT, APPROVING THE
MERGER OF THE SOUTHEASTERN VIRGINIA PLANNING DISTRICT
COMMISSION AND THE PENINSULA PLANNING DISTRICT COMMISSION,
INTO THE HAMPTON ROADS PLANNING DISTRICT COMMISSION,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CHARTER
AGREEMENT FOR THE HAMPTON ROADS PLANNING DISTRICT
COMMISSION, IN ACCORDANCE WITH THE PROVISIONS OF THE
VIRGINIA AREA DEVELOPMENT ACT
10
WHEREAS,
the communities (the "Communities") comprising
11 Planning Districts Twenty and Twenty-One (the "Districts") have
12
determined that the community of interest,
the ease of
13 communications and transportation, and geographic factors and
14 natural boundaries among the Communities are such that the best
15 interests of the Communities would be served by merging the
16 Districts into one District and also by merging the Southeastern
17 Virginia Planning District Commission and the peninsula Planning
18 District Commission into the Hampton Roads Planning District
19 Commission;
20 WHEREAS, the City of Virginia Beach has by prior resolution,
21 duly adopted, expressed its desire to participate in the creation
22 and membership of the merged Hampton Roads Planning District
23 Commission.
24 NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
1.
That the City of Virginia Beach hereby approves the
27 merger of Planning Districts Twenty and Twenty-One into one
28 District, effective July 1, 1990 or the date upon which the
29 Virginia Department of Housing & Community Development declares the
30 Districts merged, whichever occurs later;
31
2.
That the City of Virginia Beach further approves the
32 merger of the Southeastern Virginia Planning District Commission
33 and the peninsula Planning District Commission into the Hampton
34 Roads Planning District Commission effective July 1, 1990 or the
35 date upon which the Virginia Department of Housing & Community
36 Development declares the Districts merged, whichever occurs later;
37 and
36
3.
That the City Manager is hereby authorized to execute the
37 Charter Agreement of the Hampton Roads Planning District Commission
38 in the form attached hereto as Exhibit A, which shall become
39 effective on the effective date of the merger.
40 Adopted by the Council of the City of Virginia Beach on the
41
4
day of
June
, 1990.
42 RMB/sam
43 OS/29/90
44 CA-3768
45 Merger.Res
51GNITURf
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2
EXHIBIT A
CHARTER AGREEMENT
, ' OF
THE HAMPTON ROADS PLANNING DISTRICT COMMISSION
This Charter Agreement to organize a planning district
COMMISSION is made as of the 1st day of July, 1990, by and
between the undersigned governmental subdivisions as authorized
by the Virginia Area Development Act. (Title 15.1, Chapter 34,
~15.1-1400, et seq., Va. Code Ann., (1950), as amended);
NOW THEREFORE, it is agreed that:
ARTICLE I
ORGANIZATION
1. Name. The name of this organization shall be the
Hampton Roads Planning District Commission (the "COMMISSION").
2. Principal Office. The principal office of the
COMMISSION shall be in Chesapeake, Virginia. The location of the
principal office may be changed by the concurrence of the
COMMISSION.
3. Effective Date of Orqanization. The effective date of
organization shall be July 1, 1990 or upon the date as of which
the Virginia Department of Housing & Community Development
declares that Planning Districts Twenty and Twenty-One are
merged, whichever occurs later.
ART-ICLE II
MEMBERSHIP
1. Method of Appointment. Members of the COMMISSION shall
be appointed by the respective governing bodies (the "Governing
Bodies") of those governmental subdivisions which are parties to
this Charter Agreement (the "Subdivisions").
2. Composition. The Governing Bodies shall appoint
members to the COMMISSION on the following basis:
(a) Each Subdivision shall be entitled to two (2)
initial members;
(b) Each Subdivision with a population greater than or
equal to 100,000 and less than 200,000 shall be entitled to one
additional member, for a total of three. Each Subdivision with a
population greater than or equal to 200,000 but less than 300,000
~~
(
;
shall be entitled to thre~ additional members, for a total of
five. Each Subdivision with a population greater than or equal
to 300,000 shall be entttled to five additional members, for a
total of seven. Of the_two initial members, one shall be an
elected official of the Subdivision, and one shall be the Chief
Administrative Officer of the Subdivision. At least one-half of
the additional members for each Subdivision shall be elected
officials of the Subdivision.
3. Basis for Representation. The population on which
representation on the 'COMMISSION is based shall be established
annually by the COMMISSION, using the most recent United States
Census at the time at which any provision dependent upon
population is being applied, or the time as of which it is being
construed, unless there is available a final annual estimate of
population prepared by the Center for Public Service, the
University of Virginia, in which event that estimate shall
govern. -If a Subdivision is determined to be entitled to
increased membership on the COMMISSION, such increase shall
become effective on the 1st of July immediately following such
determination.
l
4. Term. Of the first members appointed to the
Commission, one-half (1/2) of the members from each Subdivision
shall be appointed for one year terms and the remaining half
shall be appoin~ed for two year terms. Where the number of
members representing a Subdivision is not divisible by two, then
the Subdivision shall appoint the extra member to a two year
term. The term of appointment for all subsequent members shall
be two (2) years. This section intends as near as possible to
have each Subdivision appoint one-half of its representation
annually. Any additions to or reductions in representation on
the COMMISSION shall be carried out in accordance with the stated
intent of this section.
5. Vacancies. Any member of the COMMISSION may be removed
from office at any time, with or without cause, by the Governing
Body that appointed the member. Any COMMISSION member who is an
elected representative of the Subdivision shall be removed
immediately upon expiration of his elected term of office. Any
employee of a Subdivision shall be removed immediately upon the
termination of his employment by the Subdivision. Vacancies on
the COMMISSION shall be filled for the unexpired portion of the
term in the same manner as the original appointment was made.
6. Votinq. Each member of the COMMISSION shall have one
equal vote in all matters before the COMMISSION.
2
t~
ARTICLE III
OFFICERS
1. Officers. The Officers of the COMMISSION shall consist
of a Chairman, a Vice-Chairman and such other officers as maybe
deemed advisable by the COMMISSION. All officers shall be
elected by the COMMISSION from amongst its members, except that
it may elect a secretary and a treasurer who need not be members
of the COMMISSION.
2. Term of Office. All officers shall be elected for a
term of one year or until their successors are elected or until
they resign or are removed from office. The Chairman and Vice-
Chairman must be from different Subdivisions and be members of
the Executive Committee. The Chairman and Vice-Chairman may
serve not more than two (2) consecutive one (1) year terms in
succession.
3. Election. Election of Officers shall be held at the
annual meeting of the COMMISSION. Any vacancy occurring in an
office shall be, filled lat the next regular meeting following the
occurrence of such vacancy, or at a special meeting called for
that purpose. If the vacancy occurs in the office of Secretary
or Treasurer, an acting officer shall be appointed by the
Chairman pending such election.
4. Bylaws. The COMMISSION may adopt bylaws and such other
rules as it may deem necessary or advisable for the conduct of
its business, providing they are not inconsistent with the
provisions of this Charter Agreement and the Virginia Area
Development Act.
. '
ARTICLE IV
MEETINGS
1. Reqular Meetings. The COMMISSION shall hold regular
meetings at such times as the bylaws may provide or as the
COK~ISSION may determine.
2. Special Meetinqs. Special meetings will be held upon
call by the Chairman and in accordance with the procedures as may
be established by the bylaws or the COMMISSION.
3
~
. .
f
1
ARTICLE V
~OMMISSION MERGER
Upon the effective date of this Charter Agreement,
Southeastern Virginia Planning District Commission and the
Peninsula Planning District Commission shall merge into the
Hampton Roads Planning District Commission, which shall be the
surviving entity and which shall be entitled to all the assets
and shall assume all the liabilities of the two entities.
ARTICLE VI
ADDITION OR WITHDRAWAL OF PARTY TO THIS CHARTER AGREEMENT
1. _Addition. Any governmental subdivision within Planning
District Nos. Twenty or Twenty-Ohe which is not a party to this
Charter Agreement at the effective date hereof may thereafter
join the COMMISSION at the end of the COMMISSION's then current
fiscal year, provided tpat such governmental subdivision is
eligible for membership and that the governing body of the
governmental subdivision previous thereto adopts and executes
this Charter Agreement.
2. withdrawals. Any Governing Body may withdraw its
Subdivision from the COMMISSION by submitting to the COMMISSION
in writing, at least sixty days before the end of the
COMMISSION's then current fiscal year, a notice of intent to
withdraw. All withdrawals shall become effective at the end of
the fiscal year. A notice of intent to withdraw may be withdrawn
or cancelled by the Governing Body concerned at any time prior to
the effective date of the withdrawal.
3. Chanqe of Charter. Within sixty days of receipt of
such notification of intent to join or withdraw, the COMMISSION
shall submit a report to the remaining Governing Bodies that
would recommend any modifications to the Charter Agreement or
bylaws of the COMMISSION which are necessary as a result of said
addition or withdrawal.
4. Assets and Liabilities. Upon withdrawal of a
Subdivision from the COMMISSION, all of its interest in the
assets and responsibilities for the liabilities of the Commission
shall cease and terminate as of the effective date of such
withdrawal.
5. Operatinq Costs. Upon the addition of a Subdivision to
the COMMISSION, its responsibilities for its pro rata share of
the operation of the COMMISSION shall begin on the effective date
of such addition.
4
~
WITNESS the following signatures and seal:
CITY OF CHESAPEAKE
Date:
By:
Its:
CITY OF FRANKLIN
Date:
By:
Its:
CITY OF HAMPTON
Date:
By:
Its:
ISLE OF WIGHT COUNTY
Date:
By:
Its:
'JAMES CITY COUNTY
Date:
By:
Its:
CITY OF NEWPORT NEWS
Date:
By:
Its:
CITY OF NORFOLK
Date:
By:
Its:
6
',~
CITY OF POQUOSON
Date:
By:
Its:
CITY OF PORTSMOUTH
Date:
By:
Its:
SOUTHAMPTON COUNTY
Date:
By:
Its:
CITY OF SUFFOLK
Date:
By:
Its:
CITY OF VIRGINIA BEACH
Date:
By:
Its:
CITY OF WILLIAMSBURG
Date:
By:
Its:
7
~,
YORK COUNTY
Date:
By:
Its:
11/AFG/fa/M13SS3
May 3, 1990
8
~i
- 16 -
Item V-I.l.
ORDINANCES
ITEM 1/ 32922
Robert J. Scott, Director of Planning, with the assistance of maps, advised the
road in yellow beginning with London Bridge Road and stopping at Princess Anne
Road would be the road under consideration. The dotted red lines indicate the
four-lane undivided highway which is to be deleted. However, if it is the wish
of City Council not to delete same, it does not present a problem at this
point. There are no interchanges to be considered. The number of intersections
on Princess Anne Road would also not be increased. In essence, the only I inks
being proposed for addition would be between Holland and Princess Anne and
between Dam Neck and Hol land. The magnitude is such as to not warrant any great
separated interchanges.
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, registered in OPPOSITION
A MOTION was made by Counci I woman McClanan, seconded by Cunci Iman Heischober to
ADOPT the Ordinance to AMEND the Master Street and Highway Plan of the City of
Virginia Beach: ADDING a major North-South arterial running from the terminus
of London Bridge Road South to the current intersection of West Neck Road and
Princess Anne Road; AND, NOT DELETE the proposed four-lane undivided highway
running along the Northwest side of the Christopher Farms Subdivision from
Holland Road to Princess Anne Road (future Ferrel I Parkway).
Upon SUBSTITUTE MOTION by Counci I woman Henley, seconded by Counci I woman Parker,
City Council voted to separate the Question related to the Master Street and
Highway Plan: The City Counci I wi II vote on the Segment presented during
today's City Counci I Session, June 4, 1990, and the portion wi II be separated
going from Princess Anne Road/Ferrel I Parkway into Pungo.
Voting: 6-5
Counci I Members Voting Aye:
Albert W. Balko, Barbara M. Henley, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker and John
L. Perry
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Reba S. McClanan and Wi I I iam D. Sessoms,
Jr.
Council Members Absent:
None
June 4, 1990
- 17 -
Item V-I.l.
ORDINANCES
ITEM # 32922 (Continued)
A MOTION was made by Counci I woman Henley, seconded by Councilman Moss to DELETE
that portion south of the GREEN LINE (Princess Anne Road/Ferrel I Parkway to the
Intersection of West Neck Road and Princess Anne Road in Pungo) with relation
to the Ordinance to AMEND the Master street and Highway Plan of the City of
Vi rg in i a Beach.
Upon SUBSTITUTE MOTION by Councilman Helschober, seconded by Counci Iman Baum,
relative the Ordinance to AMEND the Master Street and Highway Plan of the City
of Virginia Beach, City Counci I APPROVED:
ADDING a major North-South arterial below the Green
Line, running from Princess Anne Road/Ferrel I
Parkway to Intersection of West Neck Road.
Voting: 6-5
Councl I Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Reba S. McClanan, John L. Perry and
Wi II i am D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker Jr.
Councl I Members Absent:
None
June 4, 1990
- 18 -
I tem V-I. 2.
ORDINANCES
ITEM # 32922 (Continued)
Upon motion by Counci I woman McClanan, seconded by Counci Iman Heischober,
relative the Ordinance to AMEND the Master street and Highway Plan of the City
of Virginia Beach, City Counci I APPROVED:
The Northern portion of MSHP, as designated, from
Princess Anne Road North to Dam Neck Road.
NO ROADeS) DELETED from Dam Neck Road to Princess
Anne Road.
Voting: 7-4
Councl I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan and
Wi I I iam D. Sessoms, Jr. and John L. Perry
Counci I Members Voting Nay:
Barbara M. Hen ley, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Counci I Members Absent:
None
June 4, 1990
- 19 -
Item V-I.2.
ORDINANCES
ITEM # 32923
Upon motion by Counci I woman Henley, seconded by Counci I woman Parker, City
Counci I ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 35, Article
I I of the Code of the City of Virginia Beach,
Virginia, by ADDING Division 4, Section 35-80.1 re
exemptions from taxation for certain rehabilitated
residential real estate.
Councilwoman Henley requested a report by the Historical Office be SCHEDULED
prior to July First with a plan to make citizens aware of this Ordinance and
encouraging their uti I izatlon.
Voting: 11-0
Counci I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Wi I I iam D.
Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent:
None
June 4, 1990
1 AN ORDINANCE TO AMEND AND REORDAIN
2 CHAPTER 35, ARTICLE II OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, BY ADDING THERETO DIVISION
5 4, SECTION 35-80.1 PERTAINING TO
6 EXEMPTIONS FROM TAXATION FOR CERTAIN
7 REHABILITATED RESIDENTIAL REAL
8 ESTATE
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That the Code of the City of Virginia Beach, virginia,
12 is hereby amended and reordained by adding Division 4, section 35-
13 80.1 to Chapter 35, Article II, as follows:
14 DIVISION 4. EXEMPTION FOR REHABILITATED RESIDENTIAL REAL ESTATE
15
16
section 35-80.1. Exemption for rehabilitated
residential real estate.
17 Real estate which has been substantiallY rehabilitated
18 for residential use is exempted from taxation of real estate upon
19 the terms subiect to the conditions as hereinafter prescribed:
20
a. A partial exemption from real estate taxes is
21 provided for qualifvinq real estate which has been substantiallY
22 rehabilitated for residential use in accordance with this section.
23 For the purposes of this section. real estate shall be deemed to
24 have been substantiallY rehabilitated when a residential structure
25 on said real estate. which is no less than seventY-five (75) years
26 of aqe. has been so improved as to increase the assessed value of
27 the structure bv no less than forty percent. but without
28 increasinq the total square footaqe of such structure by more than
29 fifteen percent.
30 b. As a requisite for qualifvinq for partial tax
31 exemption for rehabilitation of a residential structure. the
32 owners of such structure shall. at the time he applies for a
33 buildinq permit to rehabilitate such structure. file with the Real
34 Estate Assessor an application to qualify such structure as a
35 rehabilitated residential structure. The application to aualifY
36 for the rehabilitated residential structure tax exemption shall be
37 on a form approved bY the Real Estate Assessor. Such application
38 shall be filed prior to the commencement of the rehabilitation.
39 c. After the rehabilitation has been completed the
40 owner shall submit a written reQUest to the Real Estate Assessor
41 to inspect the structure to determine if it then QUalifies for the
42 rehabilitated property exemption. Such inspection and
43 determination shall be made by the Real Estate Assessor wi thin
44 sixty days after such written reQUest is submitted. If the
45 property QUalifies for such exemption then the tax exemption shall
46 become effective immediatelY upon completion of the improvements
47 and shall run with the real estate for a period no lonaer than
48 five years.
49 d. The exemption provided in this section shall be
50 an amount eQUal to the increase in assessed value resultina from
51 the rehabilitation of the structure as determined by the Real
52 Estate Assessor and this amount only shall be applicable to any
53 subseQUent assessment or reassessment. The owner of property
54 qualifyina for partial exemption from real estate taxes because of
55 rehabilitation of a structure shall be issued a credit memorandum
56 by the city Treasurer for each year of the five years period of
57 exemption from real estate taxes. An increase in assessment
58 occurrina after the first year of such rehabilitation exemption
59 shall not QUalifY for an increase in such exemption.
60 e. Nothing in this section shall be construed as
61 to permit the Commissioner of Revenue to list upon the land book
62 any reduced value due to the aforesaid exemption.
63 f. No property shall be eliaible for such
64 exemption unless the appropriate buildina permits have been
65 aCQUired and the Real Estate Assessor has verified that the
66 rehabilitation indicated on the application has been completed.
67 g. No improvements made upon vacant land nor total
68 replacement of residential structures shall be eliaible for
69 partial exemption from real estate taxation.
2
- 20 -
Item V-J.
CONSENT AGENDA
ITEM II 32924
Upon mot i on by Counc i I man Ba I ko, secon ded by Counc i I man Baum, City Counc i I
APPROVED in ONE MOTION Items 1, 3, 5,6,7,8 and 9 a/b.
Items 2, 4, and 9 c were pul led for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss*, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and Wi I I iam
D. Sessoms, Jr.
Councl I Members Voting Nay:
None
Counci I Members Absent:
None
*Councl Iman Moss voted a VERBAL NAY on Item 6 of the CONSENT AGENDA.
J un e 4, 1990
- 21 -
Item V-J.1
CONSENT AGENDA
ITEM II 32925
Upon motion by Counci Iman Balko, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Resolution supporting the continuation of the
V I rg I n i a Beach Clean Commun I ty prog ram; an d,
requesting $20,105 grant funding from the Virginia
Department of Conservation and Historic Resources,
Division of Litter Control.
Councilwoman Parker advised Recycle Saturday is July Twenty-first at Pembroke
Mal I. The Clean Community Commission supports same. Counci I woman Parker advised
to please cal I 427-4104, if anyone wishes to volunteer.
Voting: 11-0
Counci I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Wi I I iam D.
Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent:
None
Counc i I woman Parker DISCLOSED she was a Member of the Vi rg in i a Beach Clean
Community Commission, but receives no funds. She Is able to participate in
the vote fairly, objectively, and in the publ ic interest.
June 4, 1990
RESOLUTION
WHEREAS, the Council of the City of Virginia Beach
recognizes the existence of a litter problem within the City; and
WHEREAS, the Virginia Litter Control Act of 1976
provides, through the Department of Conservation and Historic
Resources, Division of Litter Control, for grants for the purpose
of enhancing local litter control programs; and
WHEREAS, the Virginia Beach Clean Community Program is
in its twelfth year of funding under this program; and
WHEREAS, in order for the thirteenth year funding
application to be forwarded to the Division of Litter Control, said
application must be endorsed by Council.
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of Virginia Beach endorses and supports the continuation of
the Virginia Beach Clean Community Program with grant funding of
$20,105 to be furnished by the Division of Litter Control of the
State of Virginia.
BE IT FURTHER RESOLVED that the Department of
Conservation and Historic Resources, Division of Litter Control,
is hereby requested to consider and approve said grant application
and program, said program being in accord with the regulations
governing the use and expenditure of these funds.
Adopted this
4
day of
June
, 1990.
- 22 -
Item V-J.2
CONSENT AGENDA
ITEM # 32926
The City Manager advised this Resolution does not close any of the options to
the Community to proceed with the various recycling efforts discussed
previously. The City Manager gave a preliminary progress report on the
different aspects of the City's current and proposed recycling efforts. A
newspaper recycling program is currently in place in 68 locations throughout
the City and has resulted in a saving of 2,800 Tons of newspaper. The City
Staff has proposed to proceed with an igloo type system of drop-off locations
for glass, plastic and aluminum. The City Manager, through the utilization of a
map, identified 20 drop-off locations throughout the City. The City has the
ability to monitor these locations on a 24-hour basis. The City has been
working with various private entrepreneurs in the Community who have indicated
a willingness to work with the City. Through the SPSA proposal, approximately
1,000 homes in the Great Neck Area are served with curbside recycling.
Beginning later this Fall, approximately 2,700 houses will be included in an
expanded pilot program, primarily in the Pembroke area of the City. A mulching
program will commence at Landfill No. 2 in October.
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Council AOOPTED:
Resolution requesting the Virginia Department of
Waste Management designate a solid waste planning
region and agency for Southeastern Virginia.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Mayor Oberndorf DISCLOSED she serves as a Commissioner on the Southeastern
Virginia Planning District Commission, but is not paid to attend the meetings.
She is able to participate in the vote fairly, objectively, and in the public
interest.
June 4, 1990
1
2
3
4
5
6
7
8
RESOLUTION REQUESTING THE VIRGINIA
DEPARTMENT OF WASTE MANAGEMENT TO
DESIGNATE A SOLID WASTE PLANNING
REGION AND AGENCY FOR SOUTHEASTERN
VIRGINIA
WHEREAS, Part V of the Regulations for the Development
9 of Solid Waste Management Plans promulgated by the Virginia
10 Department of Waste Management provide for the designation of a
11 regional solid waste planning region, a solid waste planning
12 agency, and for the designation of an entity responsible for
13 developing a regional solid waste management plan;
14
WHEREAS, the Southeastern virginia Planning District
15 Commission and the Southeastern Public Service Authority have a
16 long history of cooperative regional solid waste planning and
17 management on behalf of the area's local governments;
18
WHEREAS, these agencies have already instituted the
19 process of developing a regional plan to address local needs.
20 NOW, THEREFORE, BE IT RESOLVED by the Council of the
21
City of Virginia Beach, Virginia:
That the Council hereby
22 requests the Virginia Department of Waste Management to designate
23 the area of the Southeastern Virginia Planning District as the
24
regional solid waste
planning region,
to designate
the
25 Southeastern Virginia Planning District Commission as the regional
26 solid waste planning agency for the designated region, and to
27 designate the Southeastern Public Service Authority of virginia as
28 the entity responsible for implementing a regional solid waste
29 management plan for the designated region.
30
AND BE IT FURTHER RESOLVED that a copy of this
31 resolution shall be forwarded to the Director of the Department of
32 Waste Management.
33 Adopted by the Council of the City of Virginia Beach on
4 June
34
the
day of
, 1990.
35
36
37
38
39
RMB/awj
5/29/90
CA-3764
Noncode\Waste.Res
, , PP,i 0' 'v;;D' AS TO ("',") , ,'I' ,;-'
n. ~~..
--fl&. SIGNATURE
:t\:e
DEPARTMEN
APPROVED AS TO LEGAL
SUFFiC!~
- 23 -
Item V-J.3
CONSENT AGENDA
ITEM 1/ 32927
Upon motion by Counci Iman Balko, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Resolution confirming the appointments of:
Richard J. Beaver, Assistant City Attorney
effective May 1, 1990
L. steven Emmert, Assistant City Attorney
effective June 1, 1990
Voting: 11-0
Counci I Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Wi I I iam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Councl I Members Absent:
None
June 4, 1990
1 A RESOLUTION TO APPOINT
2 L. STEVEN EMMERT
3 AND
4 RICHARD J. BEAVER
5 AS ASSISTANT CITY ATTORNEYS
6
7
8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That pursuant to ~ 2-166 of the Code of the city of
11 virginia Beach, virginia, the appointments of L. Steven Emmert and
12 Richard J. Beaver to the positions of Assistant city Attorneys,
13 are hereby confirmed.
14
15
Adopted by the Council of the City of Virginia Beach,
16
virginia, on the
4
day of
June
, 1990.
17
18 CA-3776
19 NEW/awj
20 5-31-90
21 NONCODE\Emmert.Res
22
APPROVED AS TO. CONTENTS
~
.? 51 NAltlRE
LA-tJ
DEPARTMENT
APPROVED AS TO lEGAL
SUFFICIENCY AND FORM
~(Y~
CITY A HORN.
- 24 -
Item V-J.4
CONSENT AGENDA
ITEM # 32928
The following registered in SUPPORT of the Ordinance:
Captain Les Fenlon, President - Great Neck Association of Civic Legues, 222
Scallop Road, Phone: 481-2501
The following registered in OPPOSITION to the Ordinance:
Sean Hurley, 401 Carnegie Road, Phone: 463-0989 - Addiction Jet Ski Rentals
Barry Hull, Owner - Virginia Beach Jet Ski Center, 3725 Mantle Lane, Phone:
340-1820
David D. Gaskins, 2013 Barnet Court, Phone: 468-8895, Vice President - Virginia
Beach Personal Watercraft Club.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Councl DEFERRED to the City Council Session of June 18, 1990:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, by ADDING Section
6-112.2 re designation of a boat channel in Broad
Bay and The Narrows.
Councilman Heischober suggested lines 19, 20 and 21 - Section (b) be AMENDED to
read:
(b) "It shall be unlawful for any person to
anchor, fish, crab, swim or water ski, or to
ltIaS0tH ey ~~I @enal operate any watercraft in said
channel."
This Item will be DEFERRED for Assistant City Attorney William Byman to confer
with the registered speakers to determine verbiage, which will assure the safe
operation of powered watercraft in the Narrows and the entire area.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
June 4, 1990
- 25 -
Item V-J.5
CONSENT AGENDA
ITEM # 32929
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance authorizing acquisition of property in
fee simple and temporary and permanent easements,
either by agreement or condemnation, for right-of-
way re Tidewater Community College offsite access
improvements (CIP 2-081).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 4, 1990
1
2
3
4
5
6
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
TIDEWATER COMMUNITY COLLEGE OFFSITE ACCESS
IMPROVEMENTS CIP 2-081 AND THE ACQUISITION OF
TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
WAY, EITHER BY AGREEMENT OR CONDEMNATION
7
WHEREAS, in the opinion of the Council of the City of
8 virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to provide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, convenience, and for the
12 welfare of the people in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
Section 1.
That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq., Code of virginia of 1950, as amended, all that
19 certain real property in fee simple, including temporary and
20 permanent easements of right of way as shown on the plans
21 entitled "T.C.C. ACCESS IMPROVEMENTS LOCATION MAP N.T.S.," these
22 plans being on file in the Office of Real Estate Department of
23 Public Works, Virginia Beach, Virginia.
24
Section 2. That the City Attorney is hereby authorized to
25 make or caused to be made on behalf of the City of virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30
That an emergency is hereby declared to exist and this
31 ordinance shall be in force and effect from the date of its
32 adoption.
33
Adopted by the council of the City of virginia Beach,
34
35
36
37
38
39
40
JAR/ih
CA-3603
\ordin\noncode\tcc.ord
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Virginia, on the 4
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- 26 -
Item V-J.6
CONSENT AGENDA
ITEM # 32930
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $1,189,788 as proceeds
from lease purchase re providing improvements for
the Oceanfront Resort Area communications.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum; Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss*
Council Members Absent:
None
*Verbal Nay
June 4, 1990
1
2
3
AN ORDINANCE TO APPROPRIATE $1,189,788 AS
PROCEEDS FROM LEASE PURCHASE IN ORDER TO PROVIDE
IMPROVEMENTS FOR THE OCEANFRONT RESORT AREA COMMUNICATIONS
4
WHEREAS, the city has been gradually upgrading its communications system
5 since 1985 from VHF frequency to 800 MHz frequency;
6
WHEREAS, a third relay transmission site is required at the Oceanfront
7 Resort Area to ensure secured, continuous and uninterrupted communications;
8 WHEREAS, the cost of the third relay transmission site to be located on
9 the 29th Street water tank is estimated to be $1,189,788;
10 WHEREAS, funds in the amount of $1,189,788 can be provided from the
11 proceeds of a lease purchase agreement.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA, that funds in the amount of $1,189,788 be provided from proceeds
14 through a lease purchase agreement and be appropriated for the purpose of
15 installing a third communications relay transmission site at the Oceanfront
16 Resort Area.
17
Adopted the
4
day of June
, 1990, by the Council of the City of
18 Virginia Beach, Virginia.
19 This ordinance shall be in effect from the date of its adoption.
20
First Reading:
May 29, 1990
21
Second Reading:
June 4, 1990
- 27 -
Item V-J.7
CONSENT AGENDA
ITEM # 32931
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
APPROVED upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $338,700 from a
Federal Alcohol and Drug Abuse Block Grant Award
for Mental Health/Mental Retardation/Substance
Abuse Department re alcohol and drug treatment
services.
Councilwoman McClanan requested the Ordinance be AMENDED upon SECOND READING to
include a statement recognizing this is a grant, and if the funds should no
longer be available the City will not be responsible for the additional full
time positions. Should the funding cease, these employees will be notified that
this potential does exist.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 4, 1990
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $338,700 FROM A FEDERAL
3 ALCOHOL AND DRUG ABUSE BLOCK GRANT AWARD FOR MENTAL HEALTH/
4 MENTAL RETARDATION/SUBSTANCE ABUSE DEPARTMENT
5 ALCOHOL AND DRUG TREATMENT SERVICES
6 WHEREAS, the Alcohol and Drug Abuse Block Grant to Virginia is
7 increasing by $9 million with specific usage requirements imposed by the federal
8 government and state MH/MR/SAS;
9 WHEREAS, the state has notified the Community Services Board of
10 additional allocations of $338,700 from the federal substance abuse block grant
11 and the state has approved the MH/MR/SA program proposals for service delivery;
12 WHEREAS, these federal block grant funds require no local matching
13 funds;
14 WHEREAS, these funds will be used to provide jail based services,
15 intensive services for drug users, prevention and early intervention efforts,
16 residential follow-up services, emergency stabilization services, and enhanced
17 services through the courts, and require 10.5 full time equivalent positions;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That funds in the amount of $338,700 from the federal Alcohol, Drug
21 Abuse, and Mental Health Block Grant be accepted and appropriated to the Grants
22 Consolidated Fund and that revenue from the federal government be increased by
23 $338,700 and that 10.5 additional full time equivalent positions be authorized
24 for the duration of the grant.
25 This ordinance shall be in effect from the date of its adoption.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the
day of
June
, 1990.
27
FIRST READING: June 4, 1990
SECOND READING:
SIGNATURE
&#~~~~
DEPARTMENT
APPROVED AS TO LEGAL
SUFF!CIE
- 28 -
Item V-J.8
CONSENT AGENDA
ITEM # 32932
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to TRANSFER $164,700 from within the FY
1989-1990 Operating Budget to the Department of
Juvenile Probation re estimated additional expenses
for juvenile placements.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 4, 1990
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $164,700
2 FOR ESTIMATED ADDITIONAL EXPENSES FOR
3 JUVENILE PLACEMENTS FOR THE FY 89-90
4
5
6 WHEREAS, the Juvenile and Domestic Relations Court orders the Department
7 of Juvenile Probation to place juveniles in detention homes and group homes,
8
9 WHEREAS, the Department of Juvenile Probation budgets for the cost of
10 placement of these juveniles, based on previous expenditure patterns and
11 anticipated trends in placements,
12
13 WHEREAS, the number of placements and length of stay per juvenile has
14 exceeded projected estimates, thus leading to costs of placement $164,700 in
15 excess of FY 89-90 budgeted amounts for placements,
16
17 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA, that the City Manager be authorized to transfer funds in the
19 amount of $164,700 from within the FY 89-90 Operating Budget to the Department
20 of Juvenile Probation to cover the additional costs of court ordered juvenile
21 placements.
22
23
This ordinance shall be effective from the date of its adoption.
24
25 Adopted by the Council of the City of Virginia Beach, Virginia on the
26 4th day of June, 1990.
- 29 -
Item V-J.9a/b.
CONSENT AGENDA
ITEM # 32933
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
APPROVED:
LOW BIDS:
CENTEX CONSTRUCTION
COMPANY, INC.
ASPHALT ROADS &
MA TERIALS CO.,
INC.
Judicial Center
(CIP 3-977)
$26,087,000
1989-90 Bituminious
Concrete Maintenance
Schedule - Contract IV
$
818,260
Councilman Moss recommended regarding Item 9.a. the Judicial Center (CIP 3-
977), it might be advantageous for Council Members to receive quarterly
progress reports on construction, phasing and expenditures on large capital
projects of this nature.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 4, 1990
- 30 -
Item V-J.9c.
CONSENT AGENDA
ITEM # 32934
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED:
ORION ASSOCIATES,
INC.
Gracetown Area
Street Improvements
(Underground Stormwater
Drainage System)
(CIP 2-946)
$
589,500
Councilwoman McClanan advised Councilman Perry had to leave due to his wife's
illness.
The City Manager will contact Councilman Perry relative his concerns regarding
this item.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John 1. Perry
June 4, 1990
- 31 -
Item V-K.l.
APPOINTMENT
ITEM # 32935
Upon NOMINATION by Councilman Heischober, City Council APPOINTED:
PUBLIC LIBRARY BOARD
R. Patrick Deans
Unexpired term thru 8/31/91
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
June 4, 1990
- 32 -
Item V-L.1.
UNFINISHED BUSINESS
ITEM # 32936
ADD-ON
Mayor Oberndorf referenced the MAYOR'S COMMITTEE FOR REAPPORTIONMENT.
Judge William H. Hodges received another decision by the Supreme Court
indicating he should not serve on the MAYOR'S COMMlTEE FOR REAPPORTIONMENT.
Therefore, Judge Hodges has been replaced by Mr. Thomas Barton.
Mayor Oberndorf is still attempting to contact another possible member from the
academic community.
June 4, 1990
- 33 -
Item V-M.l.
NEW BUSINESS
ITEM # 32937
ADD-ON
Giles G. Dodd, Assistant City Manager for Administration, distibuted the
INTERIM FINANCIAL STATEMENTS July 1, 1989 - April 30, 1990, which are hereby
made a part of the record.
Councilwoman Parker referenced Pages 3.1 and 3.2 and the two selected accounts
cited in the report. One was $1.6-MILLION and the other was $7.3-MILLION. How
is the City compensated for this difference? Councilwoman Parker cited Page
3.3, which indicated the realized revenue is .5% behind comparable historical
data for fiscal year 1989.
Mr. Dodd advised this is looked at on an overall basis. The City may collect
funds on some of these accounts while on some of the others, the City may not
collect all that has been estimated. If the City does not collect the revenues
expected, then the City will not spend all the anticipated appropriations.
Therefore, the under expenditure of the appropriation and the under collection
of revenues will balance out.
Councilman Moss advised the City will have an ending fund balance of $7.3-
MILLION because the City Manager astutely imposed a hiring freeze and to a
great extent, a capital purchase freeze. The potential liability for future
funds was not deleted. The potential liabilities was carried forward into the
Budget with revenue projects that are no more optimistic than the budget just
experienced.
- 34 -
Item V-M.2.
NEW BUSINESS
ITEM # 32938
ADD-ON
Councilman Moss requested a report from the City Real Estate Assessor as to the
number of commercial properties which requested a downward adjustment in their
property assessment. Councilman Moss believed there was a large number of these
properties, particularly at the oceanfront.
Counclman Moss wished to evaluate the magnitude of this request, as it reflects
into the budget estimates for the year July First, and as it may relate to any
property the City may be acquiring at the oceanfront. Councilman Moss requested
this information, if possible, be provided by Monday, June 11, 1990.
June 4, 1990
- 35 -
Item V-M.3.
NEW BUSINESS
ITEM # 32939
ADD-ON
Councilman Baum requested the Planning Director provide information relative
properties in Sandbridge that would appear zoned too high. Councilman Baum
requested a map and brief description be provided depicting these properties.
Councilman Baum did not believe many of these properties exist, but these
overzoned properties should be corrected prior to any improvements involving
roads, sewerage, et cetera.
June 4, 1990
- 36 -
Item V-M.4.
NEW BUSINESS
ITEM # 32940
ADD-ON
Councilman Moss sponsored Bonnie Roof, 4001 Rainbow Drive, Phone: 471-3117.
Mrs. Roof lives on Rainbow Drive in the Salem Village subdivision, the area
between Holland Road and Princess Anne Road, which will be affected by the
extension of South Independence Boulevard.
Mrs. Roof advised Independence will be going directly behind her street. Once
South Independence Boulevard is completed, there will be three roads around her
house. Mrs. Roof distibuted a map depicting same. Mrs Roof requested the small
section of Arcturus be closed after the completion of the extension of South
Independence Boulevard. Mrs. Roof believed this would be a hazardous
intersection.
Councilman Moss suggested a similar procedure be followed as was in
Thoroughgood. The street was not closed. The City just did not authorize the
interconnection of the highway with the thoroughfare.
The City Manager will meet with Mrs. Roof and prepare information relative the
various options for discussion and resolution by City Council.
June 4, 1990
- 37 -
Item V-N.1
ADJOURNMENT
ITEM # 32941
Upon motion by Vice Mayor Fentress, and by CONSENSUS, City Council ADJOURNED
the Meeting at 4:50 P.M.
/--,
L..:5~ 0. /,"/~
Beverl b. Hooks
Chief Deputy City Clerk
~~
uth Hod s Smith, CMC
City Clerk
City of Virginia Beach
Virginia
~
JunE> 4. lqqO
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0
DATE: J un e 4, 1990 F I M B
PAGE: One E S C E S
N C H C R P E
B T H E L N A P S
A B R 0 N A M D R E S
L A E B L N 0 0 K R 0
AGENDA K U S E E A S R E R M
ITEM II SUBJECT MOTION TO I PASSED 0 M S R Y N S F R Y S
I/A TCC BOARD George B. Pass,
Pres, TCC
II CITY COUNCIL CONCERNS
III-V INFORMAL/FORMAL SESSIONS
D CERTIFICATION OF EXEC SESSION CERTIFIED 10-0 Y Y Y Y Y Y * Y Y Y Y
*Moss abstained
E MINUTES:
E/l May 23, 1990 APPROVED 9-0 Y Y Y Y Y Y * Y Y * Y
*Moss/Perry abstained
E/2 May 29, 1990 APPROVED AS 11-0 Y Y Y Y Y Y Y Y y Y Y
CORRECTED
F/l LDCCC Andrew S. Fine,
Co-Chair
G/1 PUBLIC HEARING:
TAX EXEMPT status: AMERICAN
GUILD FOR INFANT SURVIVAL, INC.
H/l Resolution supporting legislation ADOPTED REV I SED 10-1 Y Y Y Y Y N Y Y Y Y Y
re (Tidewater) American Guild RESOLUTION
for Infant Survival, Inc. exempt
from state/local taxation
H/2 Resolution directing City Manager ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
to prepare Budget for FY 1991-92
re effect changing prerequisite
to exempting/deferral/freeze of
real estate taxes for elderly
or disabled persons
H/3 Resolution approving mergers of ADOPTED 9-0 Y Y Y Y Y Y A Y A Y Y
SVPDC/PPDC into Hampton Roads
Planning District Commlssion/
authrzng Charter Agreement of
HRPDC re provisions of Virginia
Area Development Act
1/1 Ordnc to AMEND MSHP: APPROVE PORTION 6-5 N Y Y Y N Y N N N Y Y
ADD!NG major N/S arterial from BELOW GREEN LINE
London Bridge Road South to FROM PRINCESS I
Intersection of West Neck Road/ ANNE RD/FERRELL
Princess Anne Road PKWY TO INTRSCTN
OF WEST NECK
AND PRINCESS
ANNE ROADS
Proposed 4-lane undivided hwy APPROVE NORTHERN 7-4 Y Y Y Y N Y N N N Y Y
along Christopher Farms PORTION OF MSHP (from Dam Neck Road to
Subdivision from Hol land Rd AS DESIGNATED Princess Anne Road --
to Princess Anne Rd FROM PRINCESS no road deleted)
(future Ferrel I Pkwy) ANNE RD NORTH
TO DAM NECK RD
1/2 Ordnc to AMEND Chptr 35/Art I I ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
of Code by ADDING Division 4, \
Sec 35-80.1 re exemptions from
taxaton for certain rehabi I itated
residential real estate I
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E I 0
I
DATE: June 4, 1990 F I M B
PAGE: Two E S C E S
N C H C R P E
B T H E L N A P S
A B R 0 N A M D R E S
L A E B L N 0 0 K R 0
AGENDA K U S E E A S R E R M
ITEM II SUBJECT MOTION TO PASSED 0 M S R Y N S F R Y S
J/1 Resolution supprtng continuation ADOPTED 11-0 y Y Y Y Y Y Y Y Y Y Y
of VB Clean Community program/
requstng $20,105 grant funding
from Va Dept of Conservation/
Historic Resources, Division of
Litter Control
J/2 Resolution requstng Va Dept of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Waste Mgmt designate a solid
waste planning region/agency for
Southeastern Virginia
J/3 Resolution confirming appts: ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
J/3/a Richard J. Beaver, Asst cty Atty
effective May 1, 1990
J/3/b L. steven Emmert, Asst cty Atty
effective June 1, 1990
J/4 Ordnc to AMEND Code by ADDING DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y A Y
Sec 6-112.2 re designation of a 6/18/90
boat channel in Broad Bay/
The Narrows
J/5 Ordnc authrzng acquisition of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
property in fee simple/easements
by agreement or condemnation for
r-o-w re TCC offsite access
Improvements (CIP 2-081)
J/6 Ordnc to APPROPRIATE $1,189,788 ADOPTED UPON 10-1 Y Y Y Y Y Y N Y Y Y Y
as proceeds from lease purchase SECOND READING
re provdng imprvmts for Ocean-
front Resort Area communications
J/7 Ordnc to ACCEPT/APPROPRIATE APPROVED UPON 11-0 Y Y Y Y Y Y Y Y Y Y Y
$338,700 from Federal Alcohol/ FIRST READING
Drub Abuse Block Grant Award for
MH/MR/Substance Abuse re alcohol
and drug treatment services
J/8 Ordnc to TRANSFER $164,700 from ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Juveni Ie Probation re estimated
addtl expenses/juvenl Ie placemts
J/9 LOW BIDS:
J /9 / a CENTEX CONSTR CO, INC./Judicial APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Center/$26,087 ,000
J/9/b ASPHALT RDS & MATERIALS CO, INC/ APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
89-90 Bitumlnious Cncrte Maintnc
Schedule - Contract IV/$818,260
J /9/ c ORION ASSOC, INC/Gracetown Area APPROV ED 10-0 Y Y Y Y Y Y Y Y Y A Y
St Imprvmts (Underground Storm-
Water Drainage System)/$589,500
APPOINTMENT: Appointed 10-0 Y Y Y Y Y Y Y Y Y A Y
PUBLIC LIBRARY BOARD R. Patrick Deans
Unexpired thru
8/31/91
L/ Mayor's Committee On Reapportion-
ment: Judge Hodges unable to
serve/Thomas Barton appointed
(one appt pending confirmation)
K
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0
DATE: J un e 4, 1990 F I M B
PAGE: Three E S C E S
N C H C R P E
B T H E L N A P S
A B R 0 N A M D R E S
L A E B L N 0 0 K R 0
AGENDA K U S E E A S R E R M
ITEM II SUBJECT MOTION TO I PASSED 0 M S R Y N S F R Y S
MI Sandbridge properties: assessmts City Mgr to I B Y C 0 N C E N S U S
ADD ON vs value and marketabi I ity provide map and
City Assessor I
to provide data
MI Extension of South Independence City Mgr to I B Y C 0 N C E N S U S
ADD ON Blvd into Salem Vii lage prepare map for
City Co un c I I
and meet with
Bonnie Roof of
Rainbow Drive
Mil INTERIM FINANCIAL STATEMENTS GII es G. Dodd,
July 1, 1989 - Apri I 30, 1990 Asst City Mgr
for Admin
N ADJOURNMENT: 4:50 PM