No preview available
HomeMy WebLinkAboutSEPTEMBER 7 ,1999 MINUTESCity of Virginia l-leach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM D SESSOMS JR At Large 11NWOOD 0 BRANCH HI Dtstrt(t 6 Beach MARGARET L EURE Dtstrt(t I Centervtlle WILLIAM W HARRISON JR Dtstrtct 5 l ynnhaven HAROLD HEISCHOBER At-Large BARBARA M HENLEY Dtstrtct 7 Prtncess Anne LOUIS R JONES Dtstrtct 4-Baystde REBA S McCLANAN Dtstrtct 3 Ro.~e Itall NANCY K PARKER At Large A M (DON) WEEKS Dtstrtct 2 Kempsvtlle JAMES K SPORE Ctty Manager LESLIE L LILLEY Ctty Attorney RUTH HODGES SMITH CMC/AAE Ctty Clerk CITY COUNCIL AGENDA OUR H/~'~°~ CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9005 PtlONE (757) 427 4 FAX (757) 426 5669 [:MAIL CTYCNCL~CITY VIRGINIA-BEACH VA U CITY MANAGER'S BRIEFINGS September 7, 1999 - Conference Room - 11:00 AM A. FINANCIAL RESULTS FOR FISCAL YEAR JUNE 30, 1999 [15 min.] Patricia Phillips, Director, Department of Finance Bo STUMPY LAKE STATUS [30 min.] Robert J. Scott, Director, Department of Planning II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: The Reverend John Baldwin Emmanuel Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS August 24, 1999 Go AGENDA FOR FORMAL SESSION The Consent Agenda will be determtned during the Agenda Review Session and constdered tn the or&nary course of business by Ctty Council to be enacted by one motion. m. ANNOUNCEMENT- GEICO Direct W. Alvon Sparks, Jr., Executive Vice-President Robert M. Miller, Regional Vice-President RESOLUTIONS 1. Resolutions re issuance of the Virginia Beach Development Authority's Revenue Bonds: Beth Sholom Terrace Virginia Wesleyan College Not to exceed $10,000,000 Not to exceed $14,000,000 . Resolution to request the City of Norfolk suspend further efforts to lower the water level in Stumpy Lake. J, ORDINANCES 1. Ordinances to AMEND the City Code: a. Sections 2, 3, 4, 6, 7, 9 and 10 of the Southern Watersheds Management Ordinance (Appendix G) by ADDING findings of fact and objectives and modifying certain definitions, exemptions, performance standards, plan components and terms. bo Section 10-1 re CHANGING the polling places for the Aragona and Wolfsnare precincts. c. Section 27-2 re permitting Deputy Sheriffs to engage in off-duty employment. . Ordinances re: Traffic Safety Improvements - Phase II (CIP #2-285): a. ACCEPT and APPROPRIATE a $594,000 Hazard Elimination Grant, $64,680 of Urban Allocation Funding from the Virginia Department of Transportation (VDOT) to Capital Project #2-285 as reimbursement of costs associated with safety improvements on Shore Drive; and, to increase the estimated revenue from the Commonwealth accordingly. bo TRANSFER $130,802 from the Lynnhaven Parkway and Viking Drive Intersection Improvements Project (CIP #2-286) re traffic safety improvement projects ready for construction. . , , . . o Ordinance to ACCEPT and APPROPRIATE a $47,201 Grant from the Virginia Department of Criminal Justice Services to the FY 1999-2000 Operating Budget of the Department of Juvenile Justice/Virginia Beach Court Service Unit re drug education and testing programs for Juveniles in secure detention and under court supervision; and, estimated revenue from the federal government be increased accordingly. Ordinance to REAPPROPRIATE $25,000 of the 1997 Local Law Enforcement Block Grant to the FY 1999-2000 Operating Budget of the Sheriff's Department re additional van for prisoner transportation. Ordinance to TRANSFER $260,000 from the Open Space Program Site Acquisition (CIP #4-004) and $300,000 from West Neck Creek District Park (CIP #4-968) to the Bow Creek Neighborhood Park, (CIP #4-003) re purchase of the Bow Creek Motel property. Ordinance to authorize the City Manager to enter into a Cost Participation and Development Agreement re design and construction of a portion of Ferrell Parkway - Phase VI, the extension of Upton Drive and the development of certain property of Lake Gem LLC (total cost to City not to exceed $2,900,000). Request to approve the proposed City Council Policy on the maintenance and repair of aging City infrastructure. REFUNDS: a, License- $13,377.18 Tax - $ 3,815.47 Ke APPOINTMENTS PARKS AND RECREATION COMMISSION L. UNFINISHED BUSINESS M.. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) 09/03/99BAP AGENDA\09\07\99. www.virginia-beach.va, us .o,~ OUR tt~,'~O~ MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~n~a September 7, 1999 Mayor Meyera E Oberndorf called to order the CITYMAN,4GER'S BRIEFING re Financial Results for Fiscal Year June 30, 1999, tn the Councd Conference Room, Ctty Hall Building, on Tuesday, September 7,1999, at l l OO A M Council Members Present. Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W. Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, and A M "Don" Weeks Council Members Absent Vice Mayor Wdham D Sessoms, Jr [ENTERED: 11 15 P.M] -2- CITY MANAGER'S BRIEFING FINANCIAL RESUL TS FOR FISCAL YEAR JUNE 30, 1999 11:00 A. M. ITEM # 45388 Patrtcta Phdlips, Director of Ftnance, presented the post-clostng Unaudited Financial Statements for June 30, 199 These statements reflect the unaudited, unadjusted status of revenues and expenditures for the Cay's major funds The closing process for FY 1999 was conducted on August 21, 1999 Thts process conststed of holding the accounting records open for an addtttonal forty-five days past the end of June tn order to record recetpts, payments and certatn accruals that pertatn to FY 1999 It ts especially important to potnt out that these Unaudited Financial Statements are unadjusted, and are betngpresented before the final fund analysts FY 1999 results for the General Fund are as follows Revenues exceeded budget by $6 79,132 Expenditures were less than budget by $25,550,388 (includes School's Reversion) Fund Balance exceeds the 75% policy level by $1.5-MILLION. GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE FOR THE FISCAL YEAR ENDED JUNE 30, 1999 (In Millions) UNA UD I TED General Fund Balance FY 99 Actual Variance Favorable (Unfavorable) Revenues $ 560. 7 $ 561.4 $ .7 Expenditures $ 379. 7 $ 356.6 $ 14.1 Departmental & Transfers Out- City Operating Transfers Out - Schools City CIP- From Fund Balance 6/30/98 School CIP - From Fund Balance 6/30/98 Total Expenditures Excess of Revenues Over (Under) Expenditures Fund Balance - July 1 Fund Balance - June 30 192.5 6.3 12.2 $ 590. 7 s (29.9) 97.7 $ 67.8 Less Reserves and Designations 181.0 6.3 12.2 $ 565.1 S 0.7) Undesignated Fund Balance - June 30 11.4 $ 25.6 $ 26.2 97.7 $ 94.0 39.8 54.2 The increase over budget for revenues is primarily the result of Real Estate and Personal Property Taxes General Sales Taxes and Restaurant Meal Taxes also contrtbuted stgntficantly to the tncrease in revenues. Utility Taxes were under budget by $3-MILLION, and use of Money and Property was under budget by SI-MILLION Durtng the year, Vtrgtnta Power tssued a rate refund to commercial customers that accounts for a portion of the vartance in utility taxes; utdtty taxes did not achteve budget tn FY 1998, as well Utility taxes stdl ended the year 4.3 % higher than FY 1998 Total Local Revenue Sources were under budget by approxtmately $700,000. Revenues from the Commonwealth were approxtmately 1~2-MILLION over budget wtth Federal Government Revenue approximately $900,000 over budget. September 7, 1999 -3- CITY MANAGER'S BRIEFING FINANCIAL RESUL TS FOR FISCAL YEAR JUNE 30, 1999 ITEM # 45388 (Continued) Departmental and other City expen&tures were under budget by $14.2-MILLION, whale the Schools' Reverston was $11.4-MILLION, amounttng to a total of $25 6-MILLION. The most stgnificant Ctty expen&tures that were under budget were Police, General Servtces and Ftre Departmental and other City expen&tures were under budget by $14 2-MILLION, while the Schools' Reversion was $11 4-MILLION, amounting to a total of $25 6-MILLION. The Undesignated General Fund Balance at June 30, 1999, was $54.2-MILLION down from $62. I-MILLION at June 30, 1998 SCHOOL OPERA TING FUND Budget Actual Vartance Revenues City $ 188 4 $177.0 $ (11 4)* Local 46 7 47 9 1 2 From Commonwealth 187 5 186 0 (1 5) 84 83 From Federal Government (i) Total Revenues $ 431.0 $ 419 2 $ (11 8.) Expendttures Instruction $ 359 4 $ 351.3 $ 8.1 Admtntstratton, 15 5 13 3 2 2 Attendance & Health Pupd Transportatton 19 0 18. 8 2 49 5 48.2 1.3 Operattons and Matntenance $ 443.4 $431 6 Total Expenchtures and Encumbrances $118 *Reversion amount In accordance with the Revenue Sharing Policy adopted by Ctty Councd tn February 1998, there is one adjustment required The amount of the School Reversion fund ($11.4-MILLION) was $1,131,815 tn excess of the amount approprtated by City Council for the School CIP for 1999-00 Relattve the Federal fundtngfor technology and the amount cities have received for computers, Mrs. Phillips wdl revtew and advise Mrs Phdhps advised the schools receive a tremendous amount of grants For Fiscal Year 1999, the Schools had a Grant budget alone of $24-MILLION The School Grants Fund, Section 3.25, denotes $2,702,877for Instructional Technology The schools apply for their own grants Mrs Phillips introduced Bob Hayes - Comptroller, Don Barnett and Rtchard Lester, who prepared the documents and are avatlable for any questtons The "Working Together for the Future o four Schools and Community" brochure was referenced relattve the Computer Replacement Initiative The &year replacement plan for instructional computers will be funded by approxtmately $3.5-MILLION annually from the followtng sources Ctty, $1.5-MILLION mtntmum annual effort, ad&ttonal funds up to the total of $3.5-MILLION may be required tf the School Divtstons's commitment cannot be met, Schools $2.0-MILLION mtntmum annual commitment, from various sources, tncluding but not limited to any state or federal grants dechcated to tnstructtonal technology hardware, subject to fund avatlabthty. September 7, 1999 -4- CITYMANAGER'S BRIEFING STUMPY LAKE STATUS ll:30A.M. ITEM # 45389 Robert J. Scott, Director of Planmng, advised tn January of thts year, the Ctty of Norfolk approved the sale of the Stumpy Lake Golf Course and the surrounding property (but not the lake itself, which comprtses a portion of Norfolk's Water Supply System) to private development tnterests The developer, wtth the concurrence of the Ctty of Norfolk, has pumped down the water in the lake a few feet This acttvtty has ceased and with recent tarns, the level has rtsen back to pre-pumping levels. The developer has paid a number of vlslts to the Vtrginta Beach City Staff detatltng concepts of the development of the property, tncluchng rezontng. The property ts currently zoned P-1 Preservation and ts designated by the Comprehensive Plan as Natural Resource/Conservation Area or Open Space/Parkland. The developer has tndtcated that he tntends to develop the property wtth condominiums, housing for seniors, single-family dwellings, commercial and other uses The rezoning proposal has never been submttted to the Planntng Department The Staff has talked to the developer recently and their indicatton was thts applicatton would not be forthcoming tn the immediate future At the same time, the developer has &scussed with the Engineertng Staff and to some extent the Planmng Staff the concept of changing the weir. Stumpy Lake ts arttficially held at a level by a dam or a wetr near Elbow Road The lowering of the water that has taken place thus far has been accomphshed by pumping. The contract purchaser desires to structurally alter the dam controlhng the lake level so as to permanently lower the water level in the lake by about three feet. In order to evaluate this request, there must be an extensive analysis of upstream and downstream conchttons. Much of Kempsvtlle has been butlt around the Lake. Mr. Scott advtsed the Southern Watershed Management Ordinance pertatns to thts activtty and any approval by the City would have to first meet the requtrements of this Ordtnance. Mr. Scott referenced the Agenda items related to these concerns: 12. Resolution to request the City of Norfolk suspend further efforts to lower the water level tn Stumpy Lake. J. 10rdtnance to AMEND the City Code ao Secttons 2, 3, 4, 6, 7, 9 and 10 of the Southern Watershed Management Ordtnance (Appendtx G) by ADDING findings of fact and objecttves and modifying certain definitions, exemptions, performance standards, plan components and terms Because the purpose of the lowering of the lake level is to facthtate the development of the Stumpy Lake property, and because that development would require a rezoning of the property, the alteration of the water control structure governing lake levels ts premature Unless the development ts to occur, there ts no need to lower the level of the lake. The Resolution states that fact and requests the City of Norfolk, as the owner of the Stumpy Lake Property and the dam controlling lake levels, to suspend all efforts to lower the lake unttl the Vtrgtnta Beach Ctty Council has acted to approve all e g rezontngs, conchttonal use permtts) et cetera whtch are prerequtstte to the development of the property Mayor Oberndorf advised she and Council Member Branch requested this Resolution based upon the news arttcle relattve Norfolk extenchng the time for the potenttal sale of the property etther (60 or 90 day). The City Attorney of Norfolk had advtsed they must requtre a permtt to permanently adjust the level of the lake permanently. Counctl Lady Eure referenced requests for review of the proposed Or&nance to AMEND the Southern Watershed Management Plan and correspondence of the Ttdewater Budders Assoctation requesttng DEFERRAL Council Lady McClanan concurred with the deferral of the Ordinance Relattve Norfolk offering Virgtnia Beach the purchase of the land, the City Manager advised Stumpy Lake ttself ts not betng offered for sale, tt ts the land wtthtn 50feet of the edge of the body of water, plus there was an addtttonal stte for a future water treatment plant that was not being included tn the sale Therefore, on that basts, the Ctty was not interested tn acqutsttion wtthout the water resource. Mr Scott advtsed they have been informed there ts not as muchjurtsdtctional wetlands as believed, therefore thts would not be subject to the Tauluch Ditching Rule. September 7, 1999 -5- CITY M/INAGER'S BRIEFING STUMPY L/IKE S T/I TUS ITEM # 45389 (Continued) Relative the jurisdictional wetlands and the Tauluch Ditching Rule, Council Lady Henley believes the Ctty Councd should take a positron on this issue with the State Delegatton If the Governor has elected not to make an emergency change, then somethtng should be done as soon as possible in the 2000 General Assembly Sesston Councd Lady McClanan said commttments should be recetved prtor to the meettng of the Legislators Council Lady Henley also referenced the Southern Watershed Management Ordinance amendment and the change to subsection (4) which updates the reference to the designatton of the North Landing River and tts trtbutartes as a scenic rtver The addition of subsection (u) recogntzes the designation of much of the Southern Watershed area as natural areas in the City's Natural /Ireas Inventory (December 1994) having signtficant natural heritage resources The City Attorney believes the Southern Watershed Ordinance prevents the Tauluch Ditching. without applytng to the Ctty for a permit Asststant Ctty Attorney Macali advised Delegate Moss has requested the status of the Attorney General's opinion. There would be an opportunity to request the Governor's necessary action in advance of the 2000 General Assembly Sesston In subsection ©, lines 142, 143 and 144 we recognize the fact that alterattons to extsttng drainage systems may adversely affect water quality and natural heritage resources, and states as an objective of the Southern Watershed Management Ordinance the preventton of such adverse effects "...and to present the alteration of existtng drainage systems where such acttvtttes may adversely affect water quality or natural heritage ,, resources Under Section 7 Performance Standards, the amendment to subdivision (1) of subsection O0 clarifies that water quality must, at all ames, be protected, and that the modifying term "where practtcable" apphes only to enhancement of water quality. Mr. Scott advised the permanent lowering of Stumpy Lake would have some stgnificant effect on upstream drainage There have been numerous subchvtstons whtch have been budt tn the 7, 000 acre Watershed wtth the assumptton that water levels would be of a certatn height. The effect of the lowering of the Lake on these subdtvtstons has to be analyzed. Mr. Scott advtsed Counctl Lady Eure "Silvercultural' activities means the raistng and harvesttng of trees and other tree-like materials for profit September 7, 1999 -6- AGENDA RE VIE W SESSION 12:18 P.M. ITEM # 45390 J. 10rdtnance to AMEND the City Code' a. Sections 2, 3, 4, 6, 7, 9 and 10 of the Southern Watershed Management Ordinance (Appendix G) by ADDING finchngs of fact and objecttves and modtfytng certain definitions, exemptions, performance standards, plan components and terms. This ttem will be chscussed during the Formal Session ITEM # 45391 J 2. Ordtnance re Traffic Safety Improvements - Phase H (CIP #2- 285): ACCEPT and APPROPRIATE a $594,000 Hazard Ehminatton Grant, $64,680 of Urban Allocation Funding from the Virginia Department of Transportatton (VDOT) to Capttal Project #2-285 as retmbursement of costs assoctated with safety improvements on Shore Drive, and, to tncrease the esttmated revenue from the Commonwealth accordingly Council Lady McClanan will vote a VERBAL NAY on this item ITEM # 45392 J. 6. Ordinance to authorize the Ctty Manager to enter tnto a Cost Participation and Development Agreement re design and construction of a portion of Ferrell Parkway - Phase VI, the extenston of Upton Drive and the development of certatn property of Lake Gem LLC (total cost to City not to exceed $2,900,000) This item will be discussed during FORMAL SESSION. ITEM # 45393 BY CONSENSUS, the following items shall compose the CONSENT AGENDA' RESOLUTIONS I 1 Resolutions re tssuance of the Vtrgtnia Beach Development Authority's Revenue Bonds: Beth Sholom Terrace Virgima Wesleyan College Not to exceed $10,000,000 Not to exceed $14,000,000 1.2. Resolutton to request the City of Norfolk suspend further efforts to lower the water level in Stumpy Lake. September 7, 1999 _ AGENDA RE VIE W SESSION ITEM # 45393 (Continued) ORDINANCES J 10rdtnances to AMEND the Ctty Code b Section 10-1 re CHANGING thepollingplacesfor the Aragona and Wolfsnare precmcts. c Sectton 2 7-2 repermttttngDeputy Sheriffs to engage in off-duty employment J 20r&nances re' Traffic Safety Improvements - Phase H (CIP #2-285): ACCEPT and APPROPRIATE a $594,000 Hazard Ehminatton Grant, $64,680 of Urban Allocatton Funding from the Vtrginta Department of Transportation (VDOT) to Capttal Project #2-285 as retmbursement of costs assoctated wtth safety improvements on Shore Drive; and, to increase the estimated revenue from the Commonwealth accordtngly. TRANSFER $130,802 from the Lynnhaven Parkway and Vtlang Drtve Intersection Improvements Project (CIP #2-286) re traffic safety tmprovement projects ready for construction J3 Ordtnance to ACCEPT and APPROPRIATE a $47,201 Grant from the Vtrgmia Department of Crtmmal Justice Servtces to the FY 1999-2000 Operating Budget of the Department of Juvenile Justtce/Vtrgmta Beach Court Service Unit re drug education and testing programs for Juveniles tn secure detention and under court supervision; and, estimated revenue from the federal government be increased accordingly .14 Ordinance to REAPPROPRIA TE $25,000 of the 1997 Local Law Enforcement Block Grant to the FY 1999-2000 Operating Budget of the Sheriff's Department re ad&tional van for prisoner transportation. J5 Ordinance to TRANSFER $260,000 from the Open Space Program Site Acqutsttton (CIP g4-004) and $300, O00 from West Neck Creek Dtstrtct Park (CIP g4-968) to the Bow Creek Netghborhood Park, (CIP g4-003) repurchase of the Bow Creek Motel property J 7 Request to approve the proposed City Council Policy on the maintenance and repatr of aging City infrastructure. J. 8 REFUNDS: a. License - $13,377.18 b. Tax - $ 3,815.47 Council Lady McClanan will vote a VERBAL NAY on J. 2 a. September 7, 1999 -8- CITY COUNCIL COMMENTS 12:20 P.M. ITEM # 45394 Council Lady Henley referenced Or&nances upon apphcatton of BECO BUILDING ASSOCIATES, a Virginia General Partnership, (Seaboard Road)for a Vartance to Sectton 4 4(3)(1) of the Subdtvtsion Ordmance whtch requtres that all lots meet lot width requirements re four (4) non-comphance lots in a proposed subdivtston of 128 single-famdy restdenttal lots. and Conditional Change of Zomng ADOPTED by Ctty Counctl on August 10, 1999 A large portton of thts acreage ts to be conveyed back to the Ctty As soon as thts conveyance occurs, Councd Lady Henley wished the City to rezone same to P-1. ITEM # 45395 Counctl Lady Henley referenced the Open Space issue Last week, the Mayor chstrtbuted a packet attaching correspondence from the Conservation Land Coalition requesttng the City Council adopt a resolution supporttng a dechcated fundtng source from the State for land conservation Essenttally, the General Assembly estabhshed a Virginia Land Conservation Foundation whtch would appropriate funds to be allocated to locahttes for preservatton of forest land, parks, other open areas, farm land and htstortc resources Thts allocatton would come from the recordatton tax via the State to this Foundatton The Open Space Committee made a simtlar recommendation utthztng the Grantor's Tax whtch had a caveat that if a locahty has an approved "open space"program rather than going to the State for reallocatton, then the funchng could come back to the localities Counctl Lady Henley beheves Virginia Beach ts far ahead of other locahttes wtth tdenttfied open space needs and a funded farm land protection program (ARP) Council Lady Henley does not want the Ctty to get tnto a situatton where they have to apply to these agenctes for fundtng that is already rtghtfully Virgtnia Beach's. The City does not receive the amount the ctttzens have gtven Counctl Lady Henley wishes a caveat tncluded within this requested resolution stmilar to the one contained tn the Open Space Committee's recommendatton relative allocatton ITEM # 45396 Vtce Mayor Sessoms referenced the correspondence of Pat Brtdges relattve the Hampton Roads Transportation District being tn vtolatton of the Ordinance pertatmng to Billboards. Vtce Mayor Sessoms is requesting the Ctty Attorney review and determine if there is any vtolation Counctl Lady Eure advtsed she shared Mr Bridges' concern and asked that questton of TRT relattve the "billboard" buses Council Lady Eure was informed that when one of their buses is parked tn our area, tt ts not parked but due to a breakdown, etc Mayor Oberndorf beheves the City also needs to take another step. Sitting on Witchduck Road for the last week (7 days) is a huge Dollar General Trailer on a public grassed area. This is a "billboard" If the truck ts broken down, tt should be towed away, or tf abandoned, tt should be removed. Counctl Lady Eure advtsed ifa bustness has a truck which is like a Billboard that it be parked within so many feet of their bustness and not 6 - 10 blocks or even a mile down the road to a more promtnent corner and parked there as a "Billboard" This occurs frequently tn the Centervtlle and Kempsvtlle Dtstrtcts and espectally at the Intersectton of Indian River and Kempsville Roads ITEM # 45397 Vice Mayor Sessoms referenced parktng at the North End Vtce Mayor Sessoms has heard of numerous hardships. Where streets have stop lights at the North End, there are tndividuals who are being requested to make a drtveway out of what little yard they have Therefore, an addittonal parktng space ts not betng created In some cases, encroachments have been given to tndtviduals at the North End. The Ctty Manager shall provtde a progress report and SCHEDULE a Briefing for the City Council Session of September 14, 1999 Vice Mayor Sessoms referenced the correspondence from Mr. Via pertaining to the issue of hanchcapped parktng There are hanchcapped parktng ramps from 42nd to 58th Street He does not beheve tt posstble to provtde handicapped access at every street. Vice Mayor Sessoms requested this revtewed. Counctlman Harrtson suggested they be installed where the traffic lights already exist. September 7, 1999 -9- CITY COUNCIL COMMENTS ITEM # 45398 Mayor Oberndorf tnqutred tf any member of Ctty Council plans to attend the NATIONAL LEAGUE OF CITIES Conference tn December. Vottng and Alternate Voting Delegates need to be designated Counctl Lady McClanan advised she might be attending. Correspondence shall be forwarded to the City Council, so they may advtse of thetr attendance. September 7, 1999 - lO- ITEM # 45399 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, September 7, 1999, at 12:37P. M. Counctl Members Present Ltnwood O. Branch, III, Margaret L. Eure, William W. Harrtson, Jr., Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wdliam D. Sessoms, Jr. and,4. M "Don" Weeks Council Members ~lbsent' None September 7, 1999 -ll- ITEM # 45400 Mayor Meyera E Oberndorf, entertained a motton to permit Ctty Councd to conduct its CLOSED SESSION, pursuant to Sectton 2 1-344, Code of Virgtnta, as amended, for the following purpose: PERSONNEL MATTERS' Dtscusston or consideration of or intervtews of prospecttve can&dates for employment, assignment, appotntment, promotion, performance, demotton, salaries, &sciphntng, or restgnatton of spectfic public officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wit Boards and Commisstons: Francis Land House Board of Directors Parks and Recreatton Commisston PUBLICLY-HELD PROPERTY. Discussion or consideration of the acqutsttton of real property for pubhc purpose, or of the &sposttton of pubhcly-held real property, for &scusston in an open meeting which would adversely affect the bargatmng positron or negotiattng strategy of the pubhc body pursuant to Section 2 1-344(A)(3) To-Wit: Acqutsitton/Disposiaon of Property Rudee Loop ProJect False Cape Lodge Project Upon motton by Vice Mayor Sessoms, seconded by Councilman Heischober, City Councd voted to proceed tnto CLOSED SESSION. Voting 11-0 Council Members Vottng Aye: Ltnwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Willtam D Sessoms, Jr and A. M "Don" Weeks Council Members Voting Nay. None Councd Members Absent. None September 7, 1999 - 12- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL September 7, 1999 2:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counctl Chamber, City Hall Building, on Tuesday, September 7, 1999, at 2:00 P.M. Council Members Present' Linwood 0 Branch, III, Margaret L. Eure, William W. Harrtson, Jr, HaroM Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K Parker, Vtce Mayor William D. Sessoms, Jr. and A M "Don" Weeks Councd Members Absent None INVOCATION. The Reverend John Baldwin Emmanuel Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovta Bank, &sclosed there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, either mchvtdually or tn his capactty as an officer of Wachovta Bank. The Vice Mayor regularly makes thts Dtsclosure as he may not know of the Bank's interest in any apphcation that may come before City Counctl. Vice Mayor Sessoms' letter of danuary 4, 1999, ts hereby made a part of the record September 7, 1999 Item V-E. - 13- CER TIFICA TION OF CLOSED SESSION ITEM # 45401 Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, Cay Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requtrements by Vtrgmta law were chscussed tn Closed Sesston to whtch thts certification resolutton apphes, AND, Only such public business matters as were identtfied in the motion convening the Closed Session were heard, discussed or considered by Virgtnta Beach City Council Voting: 11-0 Councd Members Vottng Aye: Ltnwood O. Branch, III, Margaret L Eure, Wdham W Harrtson, Jr., Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wtlltam D. Sessoms, Jr and A M. "Don" Weeks Counctl Members Vottng Nay: None Council Members Absent None September 7, 1999 Besolulion CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 45400, Page 11, and ~n accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed 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 Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by V~rginia Beach City Councd. R~th Hod~ (~MC/AAE City Clerk September 7, 1999 Item V-F. 1 -14- MINUTES ITEM # 45402 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, Ctty Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 24, 1999. Vottng: 11-0 Council Members Vottng Aye. Ltnwood 0 Branch, III, Margaret L. Eure, Wdliam W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A. M "Don" Weeks Councd Members Voting Nay None Councd Members Absent None September 7, 1999 Item VI-G.I. - 15- ADOPT AGENDA FOR FORMAL SESSION ITEM # 45403 BY CONSENSUS, C~ty Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 7, 1999 Item V-H.I.a. -16- ANNOUNCEMENT ITEM # 45404 Donald Maxwell, Dtrector of Economtc Development, tntroduced W. Alvon Sparks, Jr., -Executtve Vtce- Prestdent and Chtef Ftnanctal Officer - GEICO Dtrector and Robert M. Miller, Regional Vtce-Prestdent - GEICO Corporatton Mr. Sparks advtsed thtrty-stx years ago, GEICO located tn Virgtma Beach There were only approximately 240 Associates tn the office on Virgtnta Beach Boulevard. The new butldtng was butlt and occupied tn 1998 and now there are over 1,300 assoctates. Another 1600 tnchvtduals wtll be added, 400 of whtch will be employed tmmechately of these GEICO has an optton on the second budding adjacent to the currentproperty in Corporate Landtng Over the past three years, Mr. Sparks has sought to find and develop sttes for GEICO's expanston In addttton to the 250, 000 square foot buildtng tn Corporate Landing, in thepast year the followtng sttes have been opened San Dtego, Cahfornta, tn March 1999 - 250, 000 square feet, Macon, Georgta, tn May 1999 - 31 O, 000 square feet; Lakeland, Flortda, thts past weekend - 298, 000 square feet, and, Fredericksburg, Vtrginia, tn March 1999 - 120,000 square foot prtnt marl facility Virgtnta Beach ts uttlized as a benchmark In Vtrginta, GEICO has over 4,500 Assoctates Approxtmately $3-MILLION ts being expended to expand onto the second floor tn Corporate Landing to provtde the space for these 1600 new Assoctates; however, the real investment ts tn the addittonaljobs and payroll GEICO has destgnated Virginia Beach as the "service and profit center" with full responstbthty for Vtrgtnia and North Carohna Thts means that all Vtrginia tnsurance operations will be centered here - not divtded wtth Fredericksburg September 7, 1999 Item V-L/J. -17- RES OL UTIONS/ORDINANCES ITEM # 45405 Upon morton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN ONE MOTION, Resolutions 1, and Ordinances lb~c, 2/a/b/, 3, 4, 5, 7 and 8 of the CONSENTAGENDA. Voting. 11-0 Councd Members Vottng Aye. Ltnwood O. Branch, III, Margaret L. Eure, Wilham W Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wdham D. Sessoms, Jr. and d M. "Don" Weeks Councd Members Voting Nay' None Councd Members Absent. None Counctl Lady McClanan voted a VERBAL NAY on Item J. 2. a September 7, 1999 Item V-I. 1. - 18- RES OL UTIONS/ORDINANCES ITEM # 45406 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED: Resoluttons re tssuance of the Vtrgtnia Beach Development Authority's Revenue Bonds: Beth Sholom Terrace Not to exceed $10,000,000 Vtrginta Wesleyan College Not to exceed $14, 000, 000 Vottng 11-0 (By ConsenO Counctl Members Voting Aye Ltnwood O. Branch, III, Margaret L Eure, Wilham W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D. Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay' None Counctl Members Absent None September 7, 1999 VIRGINIA BEACH Development Authority One Columbus Center, State 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 F Dudley Fulton, Chatr Stephen W Burke, Vtce-Chatr W Brantley Basmght iii, Secretary Kenneth D Barefoot, Treasurer Ehzabeth A "Betsy" Duke Robert F Hagans, Jr Robert G Jones July 20, 1999 The Honorable Meyera E. Obemdorf, Mayor Members of C~ty Councd Mumcipal Center Vlrg~ma Beach, VA 23456 Re~ Beth Sholom Terrace ProJect Revenue Bonds Dear Mayor Obemdorf and Members of Ctty Council: We submit the following in connection w~th project Beth Sholom Terrace located on approximately 2 acres of land on the southwest corner of the intersection of Auburn Drive and College Park Boulevard, V~rg~nla Beach, V~rgima 23464 (1) Evidence of publication of the notice of heanng ~s attached as Exhibit A , and a summary of the statements made at the pubhc heanng is attached as Exhibit B. The City of V~rg~ma Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authonty's reasons for its approval as a benefit for the City of Vlrg~ma Beach and its recommendation that C~ty Council approve the modffication of the bonds described above ~s attached as Exhibit E The Honorable Meyera E. Obemdorf, Mayor Members of C~ty Councd July 20, 1999 Page 2 (4) The Fiscal Impact Statement is attached as Exhibit F. (5) Attached as Exhibit G ~s a summary sheet setting forth the type of~ssue, and ~dentifylng the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the ProJect. FDF/GLF/tuw Enclosures Chatrman Exhibit A NOTICE OF PUBLIC HEARING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TUESDAY, JULY 20, 1999 All persons interested in the proposed issuance of the below-mentioned bonds by the City of Virginia Beach Development Authority (the "Authority") should take notice that the Authority will hold a public hearing on the subject of such bonds and the related plan of financing on July 20, 1999, at 8:30 a.m., in the offices of the City of Virginia Beach Development Authority at One Columbus Center, Suite 300, Virginia Beach, Virginia, which hearing may be adjourned or continued without further notice. Any persons interested in the issuance of the bonds orthe location or nature of the proposed facilities may appear at the hearing and present his or her views. The maximum amount, initial owner or operator of the facility to be financed thereby, location of the facility to be financed thereby and purpose of the bonds being considered are as follows: $10,000,000.00 City of Virginia Beach Development Authority 1999 First Mortgage Revenue Bonds (Beth Sholom Terrace Project), to be issued pursuant to the Virginia Housing Authorities Law, for the benefit of Beth Sholom Terrace, a not-for-profit Virginia nonstock corporation (the "Applicant"), for the purpose of financing the acquisition, construction and equipping of an approximately 59,000 square foot, 67 unit memory impaired and assisted living project and related facilities (the "Project"), located on approximately 2 acres of land on the southwest comer of the intersection of Auburn Drive and College Park Boulevard, V~rginia Beach, V~rginia 23464. The Project is owned and will be operated by the Applicant, whose principal place of business is located at 6401 Auburn Drive, Virginia Beach, Virginia 23464. Said proposed bonds, if issued, will not create a debt or pledge of the faith and credit HNI 230237 2 of the Commonwealth of Virginia, the City of Virginia Beach or the Authority, and will not be payable from state or local tax revenues. Rather, such bonds will be limited obligations of the Authority, payable solely from funds provided by the beneficiary of the bonds identified above. A copy of the Applicant's application is on file and open for inspection at the Authority's office, at One Columbus Center, Suite 300, Virginia Beach, Virginia 23462, during business hours. Persons wishing to address the City of Virginia Beach Development Authority at the public hearing on the subject ofthe above bond issue are requested to notify the undersigned at 437-6464, preceding the meeting. / F. Dudley Fulton,~ir, City o/f/Virginia Beach Deve~ HNI 230237 2 2 THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Beacon ......................................... HOFHEIMER NUSBAUM P.C. 999 WATERSIDE DRIVE DOMINION TOWER, STE 1700 NORFOLK, VA 23510 REFERENCE- 00034867 William Nusb 6U8601709 BONDS State of Virginia City of Norfolk This day, D. Johnson personally appeared before me and after being duly sworn, made oath that. 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc , in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia. 2) That the advertisement hereto annexed has been published in said newspaper on the date stated. NOT~ O~ I~JBLI~ H~MIlNG OF THE CITY OF VlllGINIA BEA(~I DEVELOPMENT AUTHORITT TUESDAY, JULY 20, 1999 Ali persons ~nterested ~n the proposed ~ssuance of the below- menboned bonds by the C~ty of V~r~ma Beach Development Au- thonty (the 'Authonty") should take nobce that the Authority w~ll hold a pubhc heanng on the subject of such bonds and the related plan of hnanc~ng o~ July 20, 1999,.at 8 30 a m, ~n the offices of the City of V,gmla Beach Development Authority at One C~umbus Center, Suite300, Vl~ima Beach, Virginia, whlch~heanng may be adjourned or continued wRhout further notice Any persons ~nterest- ed m the ~ssuance of the bonds or the Iocabon or nature of the proposed fac~hbes may appear at the hearing and present h~s or her views The maximum amount, inltJal owner or operator of the facd~ty to be financed thereby, Iocabon of the fac~hty to be financed thereby and purpose of the bonds being conslderedare as follows $10,000,000 CRy of V~rgm~a Beach Development Authonty 1999 Rrst Mortgage RevenueBonds (Beth Sholom Terrace ProJect), for the beneht of Beth Sholom Terrace, a not-for-prof~t V~rg~ma non- stock corporabon (the "Apphcant"), for the purpose of financing the acqumR~on, construcbon and eqmpp~ng of an apprommately 59,000 square foot, 67 umt memory-~mpa~red and asmsted hwng project and related faclht~es (the "Project"), located on approxi- mately 2 acres of land on the southwest corner of the ~ntersecbon of Auburn Dnve and College Park Boulevard, V~rgm~a Beach, V~rg~ma 23464 The Project is owned and operated by the Apph- cant, whose principal place of bumness m located at 6401 Auburn Dnve, Virgmm Beach, V~rg~ma 23464 Sa~d proposed bonds, ~f ~ssued, wdl not create a debt or pledge of the froth and credit of the Commonwealth of V~rg~ma, the CRy of V~rgm~a Beach or the Authority, and w~ll net be payable from state or local tax revenues Rather, such bonds w~ll be hm~ted obhgabons of the Autho.ty, payable solely from funds prowded by the benefl c~ary of the bonds ~dent~fled above A copy of the Apphcant's apphcation ~s on file and open for ~nspecbon at the Authonty's office, at One Columbus Center, State 300, V~r~ma Beach, V~rg~ma 23462, durmlz business hours Per-' sons wmh~ng to address the City of Wr~m~a Beach Development Autho.ty at the pubhc heanng on the subject of the above bond ~ssue are requested to not~fy the undersigned at 437-6464, preced- ing the meebng F Dudley Fulton, Chair, C~ty of V~rg~ma Beach Development Autho.ty Beacon July 4 and July 11. 1999 PUBLISHED ON. 07/04 07/11 TOTD. L COST: 270.72 AD SPACE: 94 LINE FILED ON: 08./18/9.9 ~'~;2~ 2~ ~iant: -~ - -~-~-~ .................................... Subscribed and 's~rn.//fbefor~e in.Lay city and aforesaid,t~is /~day of ~~ . state on the day and year Notary: ~~.~ MY commission expires September 30, 2003 0 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING JULY 20, 1999, AT 8:30 A.M. (BETH SHOLOM TERRACE PROJECT) The Chairman of the City of Virginia Beach Development Authority (the "Authority") am~ounced the commencement of a public hearing on the request of Beth Sholom Terrace, a not-for- profit, Virginia nonstock corporation (the "Applicant"), and that a notice of the public hearing was published once a week for two consecutive weeks in a newspaper having general circulation in the City of Virginia Beach, Virginia, the first publication being not less than 14 days prior to the hearing and the second publication being not more than 21 days prior to the hearing. The Chairman indicated that a copy of the not~ce and a certificate of publication of such notice were being filed with the records of the City Council of the City of Virginia Beach. The following individuals appeared and addressed the Authority: Mr. William L. Nusbaum appeared as bond counsel on behalf of the Applicant. Mr. Nusbaum gave a brief description of the Project (defined below). He explained that the proposed issuance of $10,000,000 of the Authority's 1999 First Mortgage Revenue Bonds (Beth Sholmn Terrace Project) (the "Bonds") would fund the acquisition, construction and equipping of an approximately 59,000 square foot, 67 unit memory impaired and assisted living project and related facilities located on approximately 2 acres of land on the southwest corner of the intersection of Auburn Drive and College Park Boulevard (the "Project"), in the City of Virginia Beach. Mr. Nusbaum then introduced Mr. Bryan Mesh, Executive Vice President of both the Applicant and Beth Sholom Home of Eastern Virginia, the sole member of the Applicant. Mr. Mesh then described the Project in greater detail, confir/ned that no rezoning was required, that site plan approval had been obtained, and indicated that it would address the pubhc need for more impaired memory and assisted living units within the City of Virginia Beach. No other persons appeared to address the Authority, and the Chairman closed the public hearing. Following the closing of the public hearing, a resolution entitled "Resolution Evidencing the Official Intent of the City of Virginia Beach Development Authority to Issue its First Mortgage Revenue Bonds for Beth Sholom Terrace in the Principal Amount Not to Exceed $10,000,000" was moved, seconded and unanimously adopted by the Authority. HNI 230261 2 The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the proposed financing for state law and federal tax law purposes, transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach, and asks that this recommendation be received at the next regular or special City Council meeting at which this matter can be properly placed on the agenda for hearing. HN1 230261 2 Exhibit C 'RESOLUTION EVIDENCING THE OFFICIAL INTENT OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO ISSUE ITS FIRST MORTGAGE REVENUE BONDS FOR BETH SHOL©M TERRACE IN THE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000 00 WHEREAS, the City of Vxrginia Beach Development Authority (the "Authority"), was created pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), and is now existing and operating as a public body corporate and politic; and WHEREAS, the Authority was created to promote the public interest and the safety, health, welfare, convenience and prosperity of the inhabitants of the City of Virginia Beach, Virginia (the "City"), and the Act empowers the Authority to issue its revenue bonds in accordance therewith to pay all or any part of the cost of facilities for the residence or care of the aged, pursuant to the incorporation by reference into the Act of the definition of"authority facilities" contained in Section 15.2-4902 of the Code of Virginia, as amended; and WHEREAS, representatives of Beth Sholom Terrace, a not-for-profit, Virginia nonstock corporation (the "Apphcant"), have held discussions with representatives of the City and the Authority with respect to its acquisition, construction and equipping of an approximately 59,000 square foot, 67 unit memory-impaired and assisted living project and related facilities (the "Project"), located on approximately 2 acres of land on the southwest comer of the intersection of Auburn Drive and College Park Boulevard, Virginia Beach, Virginia 23464; and HN1 240015 2 1 WHEREAS, the Authority, after due notice, has on this date conducted a public hearing on the application of the Applicant for revenue bond financing of the Project in compliance with the requirements of Section 147(0 of the Code and Va. Code Section 15.1-1378.1; WHEREAS, the Applicant has requested that the Authority take official action authorizing the financing of its acquisition, construction and equipping of the Project and agree in principle to issue not to exceed $10,000,000 of its first mortgage revenue bonds (the "Bonds") therefor, as proposed by the Applicant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. Upon the recommendation of the Applicant, the Authority hereby appoints Hofheimer Nusbaum, P. C., as bond counsel with respect to the financing of the Project, and consents to Hofheimer Nusbaum, P.C. continuing to serve as counsel to the Applicant. 2. To assist the Applicant to undertake the Project, the Authority hereby agrees in principle to issue its Bonds in an amount not to exceed $10,000,000.00 upon terms and conditions to be mutually agreed upon by the Authority, the Applicant and the purchaser of the Bonds. The Bonds shall be issued pursuant to an installment sale or loan agreement with the Applicant, a bond purchase agreement with a lender or underwriter, and if not privately placed, a trust indenture. 3. The Applicant has represented to the Authority that interest on the Bonds is intended to be generally excluded from the gross income of the holders thereof for federal and state income tax purposes, and that the Authority shall receive an administrative fee for issuing and carrying the HNI 240015 2 2 Bonds equal to one-eighth of 1% per annum calculated and payable on the outstanding principal balance of the Bonds in such periodic installments as the Applicant and the Authority shall agree. 4. The Applicant having represented to the Authority that it is necessary for the Applicant to proceed immediately with the design, acquisition, construction and equipping of the Project, the Authority hereby agrees that the Applicant may proceed with the plans for the Project, enter into contracts for the design, acquisition, construction and equipping thereof, and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Applicant to obligate the Authority without its consent in each instance to the payment of any monies or the performance of any actions in connection with the Project. The Authority agrees that the Applicant may be reimbursed from the proceeds of the Bonds, if and when issued, to the extent permitted by law for all costs so incurred by it. This resolution constitutes a declaration of"official intent" for purposes of Treasury Reg. § 1.150-2, in addition to any prior such declaration made by a predecessor entity to the Applicant. 5. All costs and expenses in connection with the Bonds and the design, acquisition, construction, equipping and operation of the Project, including but not limited to the fees and expenses of Bond Counsel, shall be paid from the proceeds of the Bonds to the extent permitted by law or else from funds of the Applicant. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the Applicant and that the Authority shall have no responsibility therefor. 6. Neither the Bonds nor the premium, if any, nor the interest payable thereon shall be a general obligation debt of the Commonwealth of Virginia or any political subdivision thereof, liN 1 240015 2 3 including the Authority and the City, and neither the Commonwealth of Virginia, nor any political subdivision thereof, including the Authority and the City, and the officials, officers, directors and/or employees, past, present or future, of any or all, are or shall be personally liable thereon. The Bonds, together with the premium, if any, and the interest payable thereon, shall be a limited obligation of the Authority payable solely pursuant to the terms of the Bonds and the related documents. 7. The Authonty hereby recommends that the Council ofthe City of Virginia Beach (the "Council") approve the issuance of the proposed Bonds, and directs the Chairman of the Authority to transmit to the Council the Fiscal Impact Statement, a copy of this resolution and a reasonably detailed summary of the Authority's public hearing held this date. 8. The provisions of this resolution are hereby declared to be separable, and if any section, phrase or provision of this resolution shall be declared invalid, such invalidity shall not affect the validity of the remainder of the sections, phrases and provisions of this resolution. 9. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings hereinabove set forth. 10. This resolution shall take effect immediately upon its adoption. The undersigned Secretary of the Authority hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by the Authority's Board of Commissioners at a meeting duly called and held on July 20, 1999, in accordance with law; that a quorum of the Authority was present and voting regarding the foregoing resolution; that the foregoing resolution was duly adopted by the Authority by the following vote: Affirmative: 4 Negative: 0 Abstentions: 0 HNI 240015 2 4 and that such resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. (Corporate Seal) HN 1 240015 2 5 Exhibit D DISCLOSURE STATEMENT Date: June 1, 1999 Applicant's Name(s): Beth Sholom Terrace All Owners (tf dtfferent fi om apphcant). Type of Application Rezomng' From Conditional Use PermIt Street Closure: Subdivision Variance Other: Bond Issue [O The following ts to be completed by or for the Applmant. i ifthe applicant ts a CORPORATION, list all the officers of the Corporation: Eric Krupnick, President Bryan Mesh, Execut;v.e Vice .President Jerome Friedman, Secretary Berme Grablowsky, Treasurer If the applicant is a PARTNERSItlP, FIRM or other Unincorporated Organization, list all members or partners m tile orgamzahon: The [bllowtng ts to be completed by or for tile Owner (~fdtfferentfi'om the apphcant) I If the owner is a CORPORATION, list all ofthe officers ofthe Corporation' l f the owner ts a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members o~ partners ~n the organization. BETH SHOLOM TERRACE By: . Mesh Executive Vice President I IN I 240090 I VIRGINIA Development Authority One Columbus Center. State 300 V~rgm~a Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 F Dudley Fulton, Chatr Stephen W Burke, Vtce-Chatr W Brantley Basmght Ilk Secretary. Kenneth D Barefoot, Treasurer Elizabeth A "Betsy" Duke Robert F Hagans, Jr Robert G Jones EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $10,000,000 1999 FIRST MORTGAGE REVENUE BONDS (BETH SHOLOM TERRACE PROJECT) The Authority recommends approval of the captioned financing. A public hearing was held on June 20, 1999, following whmh the Authority adopted a resolution approving the financing of the proposed 59,000 sq. ft., 67-umt memoryqmpmred and assisted living facihty (the "ProJect"). The ProJect w~ll prowde benefits to the C~ty of V~rg~ma Beach by prowd~ng affordable memory- ~mpalred and assisted liwng famht~es and adult respite day care w~th~n the C~ty of V~rg~ma Beach. It will also generate construction and permanent jobs, w~th the accompanying mult~pher effect m the local economy and tax revenues derived from the expenditures of those additional employees dunng the construction of the Project and ~ts subsequent useful life Exhibit F FISCAL IMPACT STATEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, to permit the Chairman of the City of Virginia Beach Development Authority to submit the following information iii compliance with Section 15 2-4907, Code of Virginia of 1950, states. Name of Applicant: Beth Sholom Terrace, a not-for-profit, Virginia nonstock corporation Facility. An approximately 59,000 square foot, 67 unit memoD' impaired and assisted living project and related facilities, located on approximately 2 acres of land on the southwest corner of the intersection of Auburn Drive and College Pm k Boulevard, Virginia Beach, Virginia 23464 1. Maximum amount of financing sought $ I 0,000,000 Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach* $ 0 3. Estimated real property tax per year using present tax rates* $ 0 4. Estimated personal property tax per year using present tax rates* $ 0 5 Estimated business license tax per year using present tax rates $ 0 6. a. Estimated dollar value per year of goods that will be purchased from V~rginia companies within the locahty $ 200,000 Estimated dollar value per year of goods that will be purchased from non-Virglma companies within the locality $ 200,000 Estimated dollar value per year of services that will be purchased fi'om Virginia companies witlun the locality $ 25,000 d. Estimated dollar value per year ofserwces that will be purchased from non-Virginia companies within the locality $ 25,000 7. Estimated number of regular employees on year round basis 4O 8. Average annual salary per mnployee $ 20,000 *Real property is now tax exempt. Upon its contribution to the Applicant, it will become taxable pending the Applicant's seeking City Council approval and legislation making ~ts real and personal property tax exempt after July 1, 2000 APPROVED' CITY OF VIRGINIA BEACH DEVELO~ By: "V. ~d~ Fulton~ha~man HN1 240092 2 EXHIBIT G SUMMARY SHEET ('I'! Y OF VIRGINIA BEACIt DEVELOPMENT AUTHORITY ItOUSING REVENUE BOND PROJECT NAMI£ LOCATION. DESCRIPTION OF PROJECT: AMOUNT OF BOND ISSUE: I~RINCIPALS· ZONING CLASSIFICATION. a. Present zoning classification of the Property b Is rezoning, proposed? c I f so, to what zoning classification? Beth Sholom Terrace Southwest corner of Auburn Drive and College Park Boulevard 59,000 sq. ft, 67-unit memory impaired pand assisted living facility not to exceed $8,000,000 Beth Sholom Home of Virginia ~s the sole ~ne~nber of the applicant A-12 Yes No X N/A tlNI 240016 I DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATIOhl (757) 426 5750 FAX (757) 426 5766 TDD (757) 426 5794 CODE ENFORCEMENT DIVISION (757) 427 4421 June 11, 1999 Exhibit H City of Virginia VIA FAX Chairman, Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 FAX # 499-9894 MUNICIPAL CENTER BUILDING 18A 2424 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456 9083 Gary L Fentress, Esq Office of the City Attorney Municipal Center FAX # 563-1167 RE Evaluation of Public Benefit - Beth Sholom Terrace Bond Financing Application - VBDA Agenda June 16, 1999 I have reviewed the information provided regarding the above-referenced project In my opinion, the use of the requested bonds to finance the proposed project (financing the construction of a memoryqmpaired and assisted living facility) will provide a public benefit, for the following reasons 1) The applicable state code, Sec 15.2-4901, specifies that authorities are granted powers regarding "facilities for the residence or care of the aged" and that such facilities are consistent with the goal of promoting the health and welfare of the inhabitants of the Commonwealth 2) The City's Report on Senior Housing ~dentifies a need for assisted living facdities Pleas/]~ let me~jl~w i4f you need anything further regarding this issue Thank you Si el ' ~~_~ RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF NOT TO EXCEED $10,000,000 OF FIRST MORTGAGE REVENUE BONDS BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR BETH SHOLOM TERRACE WHEREAS, the City of Virginia Beach Development Authority (the "VBDA"), has considered the application of Beth Sholom Terrace, a not-for-profit Virginia nonstock corporation (tile "Borrower"), for the issuance and sale of its 1999 First Mortgage Revenue Bonds (Beth Sholom Terrace Project), in a principal amount not to exceed $10,000,000 (tile "Bonds"), to finance a portion of the cost of the acquisition, construction and equipping of an approximately 59,000 square foot, 67 unit memory impaired and assisted hving project and related facilities (the "Project"), located on approximately 2 acres of land on the southwest corner of the intersection of Aubmn Drive and College Park Boulevard, Virginia Beach, Virginia 23464; WHEREAS, the Borrower will own and operate the ProJect, WHEREAS, Section 147(0 of the Code provides that the highest elected governmental officials of the govermnental units having jurisdiction over the issuer of private activity bonds and the area in which any facihty financed with the proceeds of private achwty bonds is located shall approve the issuance of such bonds, WHEREAS, the Project is located in the City of Virginia Beach and the members of the C~ty Council of the City of Virginia Beach (the "Council") constitute the highest elected governmental officials of this City; WHEREAS, Section 15.2-4906.C of the Code of Virginia of 1950, as amended (the "Virginia Code"), provides that a govermng body shall w~thin 60 calendar days from a public hearing w~th respect to bonds requiring public approval under the Internal Revenue Code either approve or disapprove the issuance of such bonds; WHEREAS, the VBDA held a public hearing on July 20, 1999, on the Borrower' s request for the issuance of the Bonds to finance the Project; WHEREAS, a copy of the VBDA's resolution approving the Borrower's Project and financing request, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds, and a statement in the form prescribed by Section 15.2-4907 of the 230246 2 Virginia Code have been filed with the Council, together with the VBDA's recommendation that the Council approve the Borrower's Project and financing; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA; 1. The above-mentioned recitals are hereby adopted as a part of this Resolution 2. The Council approves the Borrower's Project and the Bonds, to the extent reqmred by Section 147(f)(2)(D) of the Code and Section 15.2-4906 of the Virginia Code. 3. The approval of the Bonds, as required by Section 147(f)(2)(D) of the Code and Section 15 2-4906 of the Virginia Code, does not constitute an endorsement to a prospective pmchaser of the Bonds of the creditworthiness of the Project or the Borrower, but, as reqmred by Section 36-29 of the V~rginia Code, the Bonds shall provide that neither the City of Virginia Beach nor the VBDA shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the froth or credit nor the taxing power of the Colmnonwealth of Virginia, the City of Virginia Beach nor the VBDA shall be pledged thereto. 4. This Resolution shall take effect ~mmediately upon its adoption. Adopted by the Council of the City of V~rginia Beach, V~rginia, on SePt:embe, r1979'9 ATTEST: Clerk of the Council ltNI 230246 2 2 MAP 2 670,000; 3 76' 12 30 Joins Map 1 ! F Wr',IVIFV~ Ihll Bnpt 'he Founders ake 1HAI~i I Dk, ' II MOI[LT C1R M(~I'~ ;iPenhfI.r MOIINT 1 R^~,IIMORE II ANDFILL TM MS LOCATION: BE~IIt SHOLOM TERRACE Approx. 59,000 sq. ft., 69 unit memory impaired and assisted living facility SW corner of Auburn Drive and College Park Boulevard Not to exceed $8,000,000 VIRGINIA Development Authority One Columbus Center, State 300 V~rgmm Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 F Dudley Fulton, Chatr Stephen W Burke, V~ce-Chatr W Brantley Basmght III, Secretary Kenneth D Baretoot, Treasurer Ehzabeth A "Betsy" Duke Robert F Hagans. Jr Robert G Jones July 20, 1999 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Vlrglma Beach, VA 23456 Re' Vtrgtma Wesleyan College Revenue Bonds Dear Mayor Obemdorf and Members of City Council: We submit the following in connection with project Vtrg~ma Wesleyan College located at 1584 Wesleyan Drive in the cities of Norfolk and V~rglma Beach, V~rgima. (1) Evidence of publication of the not~ce of hearing is attached as Exhibit A , and a summary of the statements made at the public hearing is attached as Exhibit B The City of Virginia Beach Development Authonty's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authonty's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that C~ty Council approve the modification of the bonds described above is attached as Exhibit E (4) The Fiscal Impact Statement is attached as Exhibit F The Honorable Meyera E. Obemdorf, Mayor Members of City Council July 20, 1999 Page 2 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and Identifying the Project and the pnnclpals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the ProJect t)/ ~ZrYudley Fulton Chmrman FDF/GLF/tuw Enclosures Exhibit A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot KAUFMAN & CANOLES ONE COMMERCIAL PLACE SUITE 2000 NORFOLK, VA 23510 REFERENCE: 00015708 George L Con 728600509 VA WESLEYAN COL State of Virginia City of Norfolk This day, D. Johnson personally appeared before me and after being duly sworn, made oath that 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia 2) That the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON. 07/06 07/13 PROPOSED IHI'C)-T'ICE OF PUBUC HEARING ON NDUSTRIAL Dk'~ELOPMENT R FINANCING BY THE JOINT lUD"e'" ........ [_L~_ NUE BOND OF .............. '~ v"~ll~l~l~L ueVELOPMENT AUTHORI "UK,.I~..OrE COUNTY FA~ORD ITS INCOR~OBATED TOWN~ 234 Wesleyan College, Drive fssuance by the du~f-=~ ampton County and ds Ir~o-r~ated T ..... A_~hon. ty of. North- revenue bonds m an amou-* -'~-: .... -__'~-?,_ ?. _eo_ucat~on mcd~t~es Jj the College in (a) undertak;r;~'~u.~--ex~r-'ee~. ~,14,0.00,000 to assist approx,mately 137 000 squ~'~x~t~.,"'~ruc~'°n an(I equlpp, ng of an together wrth other, caudal .__~oo~._stude. nt .c?n. te.r/athlebc complex access ways and heatmg/coohng system u des (the hnpr~ ments) at the College's campus located at ] the c~t~es of Norfolk and V~rgmia Beach V~ ~n~a lng certmn ~ndebtedness of th" ,,-,,LT'-' . rg : 9nde~l~) refmanc- oonstrucbon and -num,~m~, -~---'~.-':-e3~-- ,ncun-e~. In 1992 for -- ~ ,',-.~ ,,, ,,~,,,,te,ance ano storage fac ties ~..~'n.g._a._rea_%~dorm,tor,e% an academic vdlaee (the Prior Improvements) mo at l~e, ..... business off,ce a mac]s, all locate College0s cam ,rOvements are or w,l, I~e) c~The,~l~m.p,r~°~e- ~me..nts and .the Prior ?ty of VIrgmsa Beach V,,m-.i'~,-~-me'u°!ieg?-and nnanca the cost of ~sui~ .... ,..~ process · g the bonds The bhc h . _n~_y oe conbnued or admumed .... ,, ,. ..... P~. _ __eanng. wh,ch , w,,, u~ ~e~o at gO, ]999, before the Authont;y-at ts OffK:e The ?~l..ge the credit or tax,ng power of the C~ ..... bonds %utno but w t7 ~ virsm~a ueach or t ,--' ..nty,dl be payable solely from pa'--n of the"bo~,~'%.~..,~,~tu ,.any. .peso. interested m t6e II ,'.,~ ,,,,.v appear and be heard at the' pubhc C~TY OF VIRGINIA BEAc~I DEVELOPMENT VP July 6 and July ]3, ~999 '~-,,.J, .~ - AUTHORITYII TOTAL COST: 514.28 AD SPACE 86 LINE FILED ON 07/16/99 Legal Affiant-,~ ~ .~ ~ ~JA_~ + -II-' U ° NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF CAPE CHARLES-NORTHAMPTON COUNTY, VIRGINIA FOR VIRGINIA WESLEYAN COLLEGE Notice is hereby given that the City of Virginia Beach Development Authority (the Authority), whose address is One Columbus Center, Suite 300, Virgima Beach, V~rginia 23462, will hold a public heanng on the plan of finance of Virginia Wesleyan College (the College), a Virginia non-stock, non-profit corporation (the College), the location and maihng address of which is Virgima Wesleyan College, 1584 Wesleyan Drive, Norfolk, Virginia 23502, for the issuance by the Industrial Development Authority of Cape Charles-Northampton County, V~rginia, of education facfliUes revenue bonds in an amount not to exceed $14,000,000 to assist the College in (a) undertaking the construction and eqmpping of an approximately 137,000 square foot student center/athletic complex together with other capital improvements, including parking lots, access ways and heaUng/cooling system upgrades (the Improvements) at the College's campus located at 1584 Wesleyan Drive ~n the cities of Norfolk and Virginia Beach, Virginia, and (b) refinancing certain Indebtedness of the College incurred in 1992 for the construction and equipping of mmntenance and storage facilities, parking areas, dormitories, an academic village, a business office, a book store and access roads, all located at the College's campus (the Prior Improvements). The Improvements and the Prior Improvements are or will be owned by the College and located in the City of Virginia Beach, Virginia. The proceeds of the bonds will also finance the cost of issmng the bonds. The public heanng, which may be continued or adjourned, will be held at 8:30 a.m. on July 20, 1999, before the Authority at its office. The bonds will not pledge the credit or taxing power of the City of V~rg~nia Beach or the Authority, but will be payable solely from payments by the College and other receipts pledged thereto. Any person interested in the ~ssuance of the bonds may appear and be heard at the public hearing. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PUBLISHED IN THE VIRGINIAN PILOT ON TUESDAY, JULY 6, 1999 AND TUESDAY, JULY 13, 1999 #553485 vi Exhibit B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING ON JULY 20, 1999 (VIRGINIA WESLEYAN COLLEGE PROJECT) The Chairman of the City of Virginia Beach Development Authority (the Authority) announced the commencement of a public hearing on the request of Virginia Wesleyan College (the "College"), and that a notice of the hearing was published once a week for two consecutive weeks in The Vlrglman-Pd0t, a newspaper having general circulation in the City of Virginia Beach, Virginia. Such public hearing was held not less than six (6) days and not more than twenty-one (21) days after the second notice appeared in such newspaper. A copy of the notice and Certificate of Publication of such notice have been filed with the records of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority at such public hearing: George L. Consolvo, an attorney with Kaufman & Canoles, P.C., appeared on behalf of the College. Mr. Consolvo gave a brief description of the proposed financing and explained that the proposed Issuance of bonds (the "Bonds") would be used to assist the College in financing expansions and improvements to its educational facilities in the City of Virginia Beach. Mr. Consolvo explained that, while the Bonds are being issued by the Joint Industrial Development Authority of Northampton County and Its Incorporated Towns in order that the Bonds may be designated "qualified tax-exempt obligations" and thus achieve a substantially lower Interest rate, this public hearing must be held as required by the Internal Revenue Code. Addmonally, the City Council of the City of Virginia Beach must concur with the approval of the Bonds by the Joint Industrial Development Authority of Northampton County and Its Incorporated Towns under Virginia law and must approve the issuance of the Bonds as required by the Internal Revenue Code since the financed facilities are located in the City of Vlrglma Beach and the Authority has the power to issue the Bonds. In addition, Mr. Consolvo pointed out that the enhancement of College level educational opportunities within the City will assist the C~ty in attracting and retaining business and industry as high quality educational opportunities are an important criteria to businesses when considering whether to locate or stay in a particular locality. No other persons appeared to address the Authority and the Chairman closed the public hearing. The Authority hereby recommends that the City Council of the City of Virginia Beach approve the issuance of the Bonds and concur with the approval by the Joint Industrial Development Authority of Northampton County and Its Incorporated Towns of the issuance of the Bonds and hereby transmits a Fiscal Impact Statement to the City Council and asks that this recommendation be received at the Council's next regular or special meeting at which th~s matter can be promptly placed on the Council's agenda for heanng. #555783 vi RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR VIRGINIA WESLEYAN COLLEGE WHEREAS, there has been described to the City of V~rginia Beach Development Authority (the "Authority") the plans of Virginia Wesleyan College (the "College") whose facilities are located at 1584 Wesleyan Drive in the cities of Norfolk and Virginia Beach, Virginia, for the ~ssuance by the Industrial Development Authority of Cape Charles-Northampton County, V~rgima (the "Cape Charles-Northampton County Authority"), of its educatmnal faclht~es revenue bonds (the "Bonds") in an amount not to exceed $14,000,000 to assist the College in (a) undertaking the construction and equipping of an approximately 137,000 square foot student center/athletic complex together with other capital ~mprovements, ~ncluding parking lots, access ways and heating/cooling system upgrades (the Improvements) at the College's campus located at 1584 Wesleyan Drive in the cities of Norfolk and Virginia Beach, Virginia, (b) refinancing certmn indebtedness of the College incurred in 1992 for the construction and eqmpping of maintenance and storage facilities, parking areas, dormitories, an academic village, a business office, a book store and access roads, all located at the College's campus (the Prior Improvements) and (c) financing the cost of issuing the Bonds; and WHEREAS, the Improvements will be owned by the College and will be located in the City of Virg~ma Beach, Virginia, and the Prior Improvements are owned by the College and are located in the City of Virginia Beach, Virginia; and WHEREAS, a public hearing with respect to the Bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the "Code"), was held by the Cape Charles-Northampton County Authority on July 14, 1999, and the Cape Charles-Northampton County Authority adopted a resolution (the "Cape Charles-Northampton County Authority Resolution") approwng the tssuance of the Bonds; and WHEREAS, the College has elected to proceed with a plan of finance pursuant to which the Bonds will be privately placed with Bank of America, N.A. for its own account and for investment purposes; and WHEREAS, the College in its appearance before the Authority has described the debt service cost savings relating to the issuance of the Bonds as "qualified tax-exempt obligations" within the meaning of §265(b)(3) of the Code and the other benefits to the C~ty of Virginia Beach, V~rg~nia, to be derived from the issuance of the Bonds; and WHEREAS, ~t is unhkely that the Authority will be able to issue "qualified tax-exempt obligations" in calendar year 1999; and WHEREAS, a public heating with respect to the Bonds as required by V~rg~nia law and the Code has been held at this meeting. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bonds will promote education in the Commonwealth of Virginia, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. 2. To assist the College to issue the Bonds, the Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the "Council"), concur with the Cape Charles-Northampton County Authority Resolution approving the Bonds, the form of which is attached hereto as Appendix 1, as required by {}15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code"), and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by § 15.2-4907 of the Vlrg~ma Code, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 15.2-4906 of the Virginia Code, and a copy of th~s resolution. 3. All costs and expenses in connection with the financing plan shall be paid from the proceeds of the Bonds to the extent permitted by law or from funds of the College and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and confirmed. 5. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on July 20, 1999, and that such resolution is in full force and effect on thl date hereof. Dated: JulyT(3, 1999 ~ecret'ary, City of~ir~ln,~ 13~ach D~velopment Authority #553562 vl Exhibit C RESOLUTION OF JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND ITS INCORPORATED TOWNS FOR VIRGINIA WESLEYAN COLLEGE WHEREAS, them has been described to the Joint Industrial Development Authority of Northampton County and Its Incorporated Towns (the "Authority") the plans of Virginia Wesleyan College (the "College") whose principal place of business is 1584 Wesleyan Drive, Norfolk, Virglma 23502, for the issuance of the Authonty's educational faclhtles revenue bonds in an amount not to exceed $14,000,000 (the "Bonds") to assist the College (a) in undertaking the construction and equipping of an approximately 137,000 square foot student center/athletic complex together with other capital improvements, Including parking lots, access ways and heating/cooling system upgrades (the Improvements) at the College's campus located at 1584 Wesleyan Drive in the Cltles of Norfolk and Virginia Beach, Virginia, (b) in the refinancing of certain indebtedness of the College incurred in 1992 for the construction and equipping of maintenance and storage facilities, parking areas, dormitories, an academic village, a business office, a book store and access roads to certain of such faclhtles, all located at the College's campus located at 1584 Wesleyan Drive in the cities of Norfolk and Virginia Beach, Virginia (the Prior Improvements), and (c) in paying costs associated with the issuance of the Bonds; and WHEREAS, each of the above Improvements and Prior Improvements are now owned or will be owned by the College; and WHEREAS, the College in its appearance before the Authority has described the educational benefits to be derived from the above undertakings and has requested the Authority to agree to issue the Bonds under Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"); and WHEREAS, the College has elected to proceed with a plan of finance pursuant to which the Bonds will be privately placed with Bank of America, N.A., doing business as NatlonsBank, N.A. (the "Lender"), for its own account and for investment purposes; and WHEREAS, a public hearing with respect to the Bonds as required by the Act and the Internal Revenue Code of 1986, as amended (the "Code"), has been held at this meeting; and WHEREAS, there have been presented to this meeting the forms of the following documents and instruments which the Authority proposes to execute to carry out certain of the transactions described above: (a) Bond Purchase and Financing Agreement (the "Agreement") among the Authority, the College and Bank of America, N.A., doing business as NationsBank, N.A. (the "Lender"), together with the College's $10,000,000 promissory note (the "Note") executed and delivered pursuant to the Agreement. (b) The Authonty's $10,000,000 1999 Revenue Bond (Virginia Wesleyan College) (the "1999 Bond"), in registered form, beanng interest at the rate, payable and dated as set forth therein BE IT RESOLVED BY THE JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND ITS INCORPORATED TOWNS: 1. The recitals made in the preambles to this resolution are hereby adopted as a part of th~s resolution. 2. It is hereby found and determined that the ~ssuance of the Bonds to finance the Improvements and to refinance the Prior Improvements will promote education in the Commonwealth of Vlrgima and the Authority hereby agrees to undertake the issuance of the Bonds upon terms to be approved by the Authority. 3. Principal of and premium, ~f any, and interest on the Bonds shall be hmited obhgatlons of the Authority payable solely from the revenues and receipts derived by the Authority from the College or other available funds provided by the College. The principal of and premium, if any, and interest on the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any pohtical subdivision thereof, including the Authority and Northampton County. Nmther the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and Northampton County, shall be obhgated to pay the pnnc~pal of or premium, if any, or ~nterest on the Bonds or other costs incident thereto except from revenues and receipts derived by the Authority from the College or other available funds provided by the College, and neither the faith and credit nor the tatung power of the Commonwealth of Virginia or any pohtlcal subdivision thereof, including the Authority and Northampton County, will be pledged to the payment of principal of or premium, if any, or interest on the Bonds or other costs ~nmdent thereto. No covenant, condition or agreement contained ~n the Bonds or in any financing instrument executed and delivered in connection therewith shall be deemed to be a covenant, agreement or obligation of any present, past or future director, officer, employee or agent of the Authority in h~s individual capacity, and no officer of the Authority executing the Bonds or any other financing document or instrument shall be hable personally thereon or subject to any personal habd~ty or accountabd~ty by reason of the issuance or execution thereof. 4. The Authority hereby recommends and requests that the Board of Supervisors of Northampton County (the "Board") approve the issuance of the Bonds in accordance with the Act and the Code. The Authority hereby d~rects the Chairman or Vice Chairman of the Authority to submit to the Board the statement ~n the form prescribed by § 15.2-4907 of the Act, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 15.2-4906 of the Act, and a copy of this resolution. The Authority hereby further requests that the governing body of the City of Virginia Beach, V~rglma, concur w~th this resolution and approve the issuance of the Bonds in accordance with the Act and the Code. 5. The Authority hereby agrees to the recommendation of the College that Kaufman & Canoles, P.C., Norfolk, V~rglnia, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 6. The Authority hereby agrees to issue the 1999 Bond upon the terms and conditions set forth in the 1999 Bond and the Agreement. 7. The Chairman or V~ce Chairman of the Authority ~s hereby authorized and directed to execute the Agreement and to deliver such document to the other part~es thereto. 8. The Chairman or V~ce Chmrman of the Authority is hereby authorized and d~rected to execute, the Secretary or Assistant Secretary is authorized and directed to affix and attest the seal of the Authority, and either is authorized and directed to deliver the 1999 Bond to the Lender upon the terms provided in the Agreement. All terms of the 1999 Bond are by this reference thereto incorporated herein as a part of this resolution. 9. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute and deliver an assignment of the Note and of the rights of the Authority under the Agreement (except for the rights reserved to the Authority therein) to the Lender to secure payment of the 1999 Bond. 10. The Agreement and the 1999 Bond shall be in substantially the form presented at this meeting which are hereby approved, w~th such completions, omissions, insertions and changes as may be approved by the officers executing them, their execution to constitute conclusive evidence of their approval of any such omissions, insertions and changes. 11. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, including Internal Revenue Service Form 8038, and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the 1999 Bond. 12. The Authority hereby designates the 1999 Bond a "qualified tax-exempt obligation" of the Authority for calendar year 1999 within the meaning of the provisions of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 13. All other acts of the officers of the Authority which are in conformity with the purposes and ~ntent of this resolution and in furtherance of the issuance and sale of the 1999 Bond are hereby approved and confirmed. 14. This resolution shall take effect immediately but the Bonds shall not be issued until the Board of Supervisors of Northampton County, Virginia, has approved the issuance thereof in accordance with the Act. The undersigned hereby certifies that the above resolution was duly adopted by the directors of the Joint Industrial Development Authority of Northampton County and Its Incorporated Towns at a meeting duly called and held on July 14, 1999, and that such resolution ~s ~n full force and effect on the date hereof. Dated: July [/'~7, 1999. Sectetv- ' .lary, o,nt InduCt,al Developmen~-'-- Autl~rlty of Northarh~ton County and Its Incorporated Towns #553191 vl Exhibit C A regular meeting of the members of the Board of Supervisors of Northampton County, Vlrg~ma, was held ~n Eastwlle, Virginia, on the 11 day of Aucjus'c , 1999. On motion of Mr. Ruff±n , the following resolution was adopted by the following vote' Ayes Mr. Bennett Ms. Mapp Mr. White Mrs. Wescoat Mr. Ruff in Abstained Nays Absent Dr. Carter RESOLUTION APPROVING ISSUANCE OF 1999 REVENUE BONDS FOR VIRGINIA WESLEYAN COLLEGE WHEREAS, there have been described to the Joint Industrial Development Authority of Northampton County and Its Incorporated Towns (the Authority) the plan of finance of V~rg~ma Wesleyan College (the College), whose pnnc~pal place of business ~s 1584 Wesleyan Drtve, Norfolk, Virg~ma 23502, for the issuance of the Authonty's educational facilities revenue bonds in an amount not to exceed $14,000,000 (the "Bonds") to assist the College (a) in undertaking the construction and equipping of an approximately 137,000 square foot student center/athletic complex together with other capital ~mprovements, including parking lots, access ways and heating/cooling system upgrades (the Improvements) at the College's campus located at 1584 Wesleyan Drive ~n the cities of Norfolk and Virginia Beach, V~rgima (such Improvements being located solely in Virginia Beach), (b) in the refinancing of certmn ~ndebtedness of the College ~ncurred in 1992 for the construction and equipping of mmntenance and storage facilities, parking areas, dormitories, an academic village, a bus~ness office, a book store and access roads to certmn of such facilities, all located at the College's campus located at 1584 Wesleyan Drive in the c~ties of Norfolk and Virginia Beach, V~rg~nia (the Prior Improvements) (such Prior Improvements being located solely ~n Virginia Beach), and (c) in paying costs associated w~th the issuance of the Bonds; and WHEREAS, the Improvements and Prior hnprovements will be owned and operated by the College and the Authority has held a pubhc heanng on July 14, 1999, with respect to the Improvements and Prior Improvements and the issuance of the above-described bonds w~th respect thereto (the Bonds) as reqmred by V~rg~nia law and the Internal Revenue Code of 1986, as amended (the Code), WHEREAS, the Code provides that the highest elected governmental officials of the governmental umts having jurisdiction over the ~ssuer of private activity bonds shall approve the issuance of such bonds; WHEREAS, the Authority issues its bonds on behalf of Northampton County, Virginia (the County), and the members of the Board of Supervisors of Northampton County (the Board) constitute the highest elected governmental officials of the County; WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended, provide~ that the Board shall within 60 calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a statement in the form prescribed by Section 15 2-4907 of the Code of Virginia of 1950, as amended, have been filed with the Board, together with the Authonty's recommendation that the Board approve the issuance of the Bonds, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF SUPERVISORS OF NORTHAMPTON COUNTY, VIRGINIA' 1 The recitals made in the first two preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The Board of Supervisors of Northampton County, Virginia, approves the issuance of the Bonds by the Authority to assist in the plan of finance described herein for the benefit of the College to the extent required by the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"). 3. The approval of the issuance of the Bonds, as requested by the College and as required by the Code and Section 15 2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Improvements or Prior Improvements or the College, and, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the County nor the Authority shall be pledged thereto. 4 This Resolution shall take effect immediately upon its adoption Adopted by a majority of a quorum of the members of the Board of Superwsors of Northampton County, Vlrgima, on Auqus~c 11 ,1999 #555673 vi Exhibit D DISCLOSURE STATEMENT Date: July 20, 1999 Applicant's Name(s): Vlrglma Wesleyan College All Owners 0f &fferent from applicant): Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond Issue ApphcaBon The following is to be completed by or for the Applicant: 1. If the applicant ~s a CORPORATION, list all the officers of the Corporation: See Names on the attached list . If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners ~n the organization: The following is to be completed by or for the Owner (if different from the apphcant) 1. If the Owner is a CORPORATION, hst all the officers of the Corporation: . If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the orgamzat~on: #555756 vi '~uthonzed~r 0 -- ~ DISCLOSURE STATEMENT ATTACHMENT V~rg~ma Wesleyan College President Dr. Wdham T. Greer, Jr. Vice President for Academic Affmrs Dr. Stephen S. Mansfield Vice President for Business Affairs Wilham T. Joseph Vice President for Student Affairs David E. Buckingham Vice President for Enrollment Management R~chard T. Hlnshaw #556552 vi VIRGINIA BEACH Development Autho~ ~ty One Columbus Center. Suite 300 V~rginla Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 F Dudley Fulton, Chatr Stephen W Burke, V~ce-Chair W Brantley Basmght ill, Secretary Kenneth D Barefoot, lreasurer Ehzabeth A "Betsy" Duke Robert F Hagans, Jr Robert G Jones EXHIBIT E REVENUE BOND (VIRGINIA WESLEYAN COLLEGE) The Authority recommends approval of the captioned financing. The financing will enhance college level educatmn in the C~ty and assist m attracting and retmning bus~ness and ~ndustry. Exhibit F FISCAL IMPACT STATEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Date: July 20, 1999 The undersigned apphcant, ~n order to permit the City of Virgtma Beach Development Authority to submit the following ~nformat~on ~n compliance with Section 15.2-4907 of the Code of Vlrglma of 1950, as amended, states: Name of applicant: Virg~ma Wesleyan College Facility: Campus of Virginia Wesleyan College 1. Maximum amount of financing sought . Estimated taxable value of facility's real property to be constructed ~n the locahty o Estimated real property tax per year using present tax rates , Estimated personal property tax per year using present tax rates o Estimated merchants' capital tax per year using present tax rates o ao Estimated dollar value per year of goods that will be purchased from V~rgima companies within the locahty b. Estimated dollar value per year of goods that wdl be purchased from non-Virginia companies within the locality Co Estimated dollar value per year of serwces that will be purchased from V~rg~ma companies w~tlun the locahty do Estimated dollar value per year of services that will be purchased from non-V~rg~ma companies w~thln the locahty $14,000,000 Exempt Exempt Exempt N/A $6,000,000 $2~100~000 $1,125.000 . o Estimated number of regular employees on year round basis Average annual salary per employee 200 36~295 #555742 vi VIRGINIA WESLE By' Vic~ lAN COLLEGE / CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY//~~ By: /,/,~/-d~. _ ~... .A_) ~ k" u----'~Cha~fman Exhibit G ' SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF REVENUE BONDS 1. PROJECT NAME: Vlrg~ma Wesleyan College 2. LOCATION: 1584 Wesleyan Drive Norfolk, Virginia 23502 3. DESCRIPTION OF PROJECT: Educational Facilities 4. AMOUNT OF BOND ISSUE: $14,000.000 5. PRINCIPALS: Vlrg~ma Wesleyan College 6. ZONING CLASSIFICATION: N/A a, Present zoning classfficat~on of the Property b. Is rezomng proposed: Yes [-'] No [2 Co If so, to what zoning classification? #555768 vi Exhibit H VIRGINIA Department of Economic Development One Columbus Center, State 300 Vtrg~ma Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 ecdev@c~ty v~rg~ma-beach va us July 19, 1999 Mr. F. Dudley Fulton Chairman Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 Dear Dudley: It ~s the finding of the Department of Economic Development that the improvements proposed for Virginia Wesleyan College located on Wesleyan Drive will benefit the citizens of Vlrg~ma Beach by provldlng addmonal higher educational facilities, and thereby meeting the public purpose test. I will be happy to answer any questions you may have after our meeting of July 20t~. Sincerely, ProJect Development Manager MRW:lls A RESOLUTION CONCURRING WITH AND APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF CAPE CHARLES-NORTHAMPTON COUNTY, VIRGINIA, OF ITS REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $14,000,000 FOR VIRGINIA WESLEYAN COLLEGE WHEREAS, the Industrial Development Authority of Cape Charles-Northampton County, Virginia (the "Cape Charles-Northampton County Authority"), has considered the request of Virginia Wesleyan College (the "College") for the ~ssuance by the Cape Charles-Northampton County Authority of its educational facihties revenue bonds (the "Bonds") in an amount not to exceed $14,000,000 to assist the College in (a) undertaking the construction and eqmpping of an approximately 137,000 square foot student center/athletic complex together with other capital improvements, ~nclud~ng parking lots, access ways and heatmg/coohng system upgrades (the Improvements) at the College's campus located at 1584 Wesleyan Drive ~n the cities of Norfolk and V~rg~nia Beach, V~rg~nia, (b) refinancing certain ~ndebtedness of the College incurred ~n 1992 for the construction and eqmpp~ng of maintenance and storage facilities, parking areas, dormitories, an academic village, a business office, a book store and access roads, all located at the College's campus (the Prior Improvements) and (c) financing the cost of issuing the Bonds; and WHEREAS, the Cape Charles-Northampton County Authority has held a public heanng w~th respect to the Bonds on July 14, 1999, and has adopted an ~nducement resolution (the "Cape Charles-Northampton County Authority Resolution") w~th respect thereto; and WHEREAS, the C~ty of Virginia Beach Development Authority (the "Development Authority") has held a public hearing with respect to the Bonds on July 20, 1999, and has adopted an approving resolution with respect thereto; and WHEREAS, as the Improvements and the Prior Improvements are or will be located ~n the City of Virginia Beach, Virginia, and the Development Authority is in existence and has the power to issue bonds for the Improvements and Prior Improvements, Section 15.2-4905 of the Code of V~rgima of 1950, as amended (the "Virgima Code"), provides that the City Council for the C~ty of V~rg~ma Beach (the "Council") must concur with the adoption of the Cape Charles-Northampton County Authority Resolution; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), provides that the highest elected governmental officials of the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private actlwty bonds is located shall approve the issuance of such bonds; and WHEREAS, the Improvements and the Prior Improvements are or will be located ~n the C~ty Virginia Beach, V~rginia, and the members of the Council constitute the highest elected governmental officials of the C~ty of Virginia Beach, Virginia; and WHEREAS, a copy of the Cape Charles-Northampton County Authority Resolution, the Development Authority's approving resolution, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds held by the Development Authority and a statement in the form prescribed by Section 15.2-4907 of the Vlrg~ma Code have been filed with the Council, together with the Development Authonty's recommendation that the Council concur w~th the Cape Charles-Northampton County Authority Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The C~ty Council of the City of V~rgima Beach, V~rginia, concurs with the adoption of the Cape Charles-Northampton County Authority Resolution and approves the issuance of the Bonds by the Cape Charles-Northampton County Authority to the extent required by the Code and Section 15.2-4905 of the V~rgima Code. 2. The approval of the issuance of the Bonds, as required by the Code and Section 15.2-4905 of the V~rginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the College and the Bonds shall provide that the C~ty of Virginia Beach, Virginia, shall not be obligated to pay the Bonds or the interest thereon or other costs incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of Virg~ma or the City of Virginia Beach, Virginia, shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, V~rg~nia, on the September ,1999. _ ~ day of A TRUE COPY TESTE: City Clerk #553532 vl LITTLE CR, I \ 3 COACa~,u,~ CT ~OOWS CT PROJECT NAME: PROJECT ADDRESS: TYPE OF PROJECT: Virginia Wesleyan College 1584 Wesleyan Drive Norfolk, Virginia 23502 Educational Facilities Item V-L2. - 19- RES OL UTIONS/ORDINANCES ITEM # 45407 The followtng spoke tn SUPPORT of the Resolutton Fred Adams, 1548 Edgewater Drive, Phone. 467-2775, represented the Frtends of Stumpy Lake Paul Hamaker 1813 Barkading Court, Phone. 479-3133, resident of Vtrginia Beach for over 20years Charles Traub, III, 784 Glasgow Court, Phone 340-9056 The followtng registered tn OPPOSITION: Douglas Talbot, 3288 Page Avenue #3, Phone 496-8135, represented TRANSAMERICA. Upon motion by Councilman Branch, seconded by Council Lady Parker, Ctty Counctl ADOPTED. AS AMENDED: Resolution to request the City of Norfolk suspend further efforts to lower the water level in Stumpy Lake. *The name of the contractpurchaser, Transamerica Services, Inc. ts the Amendment whtch shall be tnserted wtthtn this Resolutton Vottng' 10-0 Council Members Vottng Aye: Ltnwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay. None Council Members Abstaintng: Wilham W. Harrison, Jr. Councd Members Absent None Councilman Harrtson ABSTAINED as his law firm provtdes legal services to the contract purchaser, TRANSAMERICA September 7, 1999 Requested by Mayor Meyera E. Oberndorf and Councilman Linwood O. Bzanch, III A RESOLUTION REQUESTING THE CITY OF NORFOLK TO SUSPEND FURTHER EFFORTS TO LOWER THE WATER LEVEL IN STUMPY LAKE WHEREAS, the City of Norfolk is the owner of certain 5 property, consisting of approximately 1,400 acres, commonly known 6 as the Stumpy Lake Property (hereinafter the ~Property"), of which 7 more than 1,000 acres is located within the geographic limits of 8 the City of Virginia Beach; and WHEREAS, the Property encompasses Stumpy Lake, almost all 10 of which is located within the City of Virginia Beach; and 11 WHEREAS, in January, 1999, the City of Norfolk approved 12 the sale of the Property, except for Stumpy Lake itself, to private 13 development interests, for the purpose of development of a portion 14 of the Property into condominiums, housing for seniors, single- 15 family dwellings, and commercial and other uses; and 16 WHEREAS, the City of Norfolk, at the request of the 17 contract purchaser, Transamerica Services, Inc. (hereinafter 18 "TransamericaH), pumped sufficient water from Stumpy Lake as to 19 permit the examination of the bed of Stumpy Lake in order to 20 determine its suitability for the proposed development; and 21 WHEREAS, Transamerica has now indicated its desire to 22 lower the water level of Stumpy Lake permanently by structurally 23 altering a dam controlling the elevation of water in the Lake; and 24 WHEREAS, the development of the Property, as apparently 25 contemplated by Transamerica and the City of Norfolk, would 26 necessitate the rezoning of the Property, as well as other 27 discretionary approvals of the Virginia Beach City Council; and 28 WHEREAS, the contract between the City of Norfolk and 29 Transamerica has been in effect for a period of time which has been 30 more than sufficient for Transamerica to have submitted a plan of 31 development and all appropriate rezoning and other applications to 32 the City of Virginia Beach; and 33 WHEREAS, the temporary lowering of the water level in 34 Stumpy Lake resulted in significant adverse environmental impacts 35 to the area, as well as to surrounding areas, such that it is a 36 legitimate subject of concern that the adverse impacts from a 37 permanent lowering of the water level in the Lake could be even 38 greater and more widespread; and 39 WHEREAS, other potential impacts which have not been 40 definitively established could also result from the permanent 41 lowering of water levels in the Lake; and 42 WHEREAS, a part of the Property is designated in the 43 Virginia Beach Comprehensive Plan as a Natural Resource/ 44 Conservation Area, and the remainder as Open Space/Parkland, 45 neither of which designations is consistent with the proposed 46 development of most of the Property; and 47 WHEREAS, the Natural Heritage Area Report has identified 48 the Stumpy Lake area as one of the most significant natural 49 heritage areas in the City by virtue of its unique ecosystem and 50 associated plant and animal species; and 51 WHEREAS, the Report has also identified the Gum Swamp 52 Area immediately downstream of Stumpy Lake as one of most 53 significant natural heritage areas in the City; and 54 WHEREAS the City of Virginia Beach recognizes that, as 55 owner of the Property, the City of Norfolk has the right to market 56 the property and the right to seek such approvals of the City of 57 Virginia Beach as are necessary to develop the Property; and 58 WHEREAS, because the purpose of lowering the level of 59 water in Stumpy Lake is to facilitate the proposed development of 60 the Property, and because the Property may not be developed without 61 the approval of the Virginia Beach City Council in the form of a 62 rezoning of the Property, the proposed permanent lowering of the 63 water level in Stumpy Lake is premature and, mn light of the City 64 Council's authority to deny a rezoning of the Property, possibly 65 unnecessary; 66 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 67 OF VIRGINIA BEACH, VIRGINIA: 68 That the City of Norfolk be, and hereby is, requested to 69 exercise its authority as the owner of the Stumpy Lake Property, 70 and of the aforesaid water control structure, to suspend all 71 efforts to lower the water level in Stumpy Lake until such time as 72 all necessary approvals allowing the development of the Property 73 have been acted upon by the City of Virginia Beach. 74 Adopted by the Council of the City of Virginia Beach, 75 Virginia, on the 7th day of September , 1999. 76 77 78 79 CA-99-7477 wmm~ ordres ~ stumpy, res R-3 September 7, 1999 Item V-J.l.a. - 20- ORDINANCES ITEM ii 45408 Dick Browner, 1071 Lands End way, hone' 491-3059, represented the Southern Leadership Counctl and requested a two week DEFERRAL for the Council to examine the Or&nance Upon motton by Vice Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Councd DEFERRED one week until the Ctty Council Sesston of September 14, 1999' Ordinances to AMEND the Ctty Code Secttons 2, 3, 4, 6, 7, 9 and 10 of the Southern Watershed Management Ordtnance (Appendtx G) by ADDING findings offact and objecttves and modtfytng certatn defintttons, exempttons, performance standards, plan components and terms Vottng 11-0 Councd Members Vottng Aye Ltnwood O. Branch, III, Margaret L. Eure, William W. Harrtson, Jr., Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A. M. "Don" Weeks Counctl Members Voting Nay' None Counctl Members Absent None September 7, 1999 Item V-J.l.b.c.. -21 - ORDINANCES ITEM ii 454O9 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED: Ordtnances to AMEND the City Code Section 10-1 re CHANGING the polling places for the Aragona and Wolfsn are prect n cts Section 27-2 re permttttng Deputy Sheriffs to engage in off-duty employment. Voting' 11-0 (By Consent) Councd Members Voting Aye. Linwood O. Branch, III, Margaret L Eure, Wtlham W. Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor William D. Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay: None Counctl Members Absent. None September 7, 1999 AN ORDINANCE TO AMEND AND REORDAIN SECTION 10-1 OF THE CITY CODE BY CHANGING THE NAMES OF THE POLLING PLACES FOR THE ARAGONAAND WOLFSNARE PRECINCTS SECTION AMENDED: § 10-1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 Sec. 10-1. Establishment of precincts and polling places. 11 There are hereby established in the city the following 12 precincts and their respective polling places, as set forth below: 13 Precinct Polling Place 14 Alanton Alanton Elementary School 15 Aragona 16 Bayside Elementary School 17 Arrowhead Arrowhead Elementary School 18 Baker Heritage United Methodist Church 19 Bayside Diamond Springs Baptist Church 20 Bellamy Indian Lakes Elementary School 21 Blackwater Blackwater Fire Station 22 Bonney Center for Effective Learning 23 Brandon Brandon Middle School 24 Cape Henry Research and Enlightenment Building 25 (Edgar Cayce Library) 26 Capps Shop P.A. Mosquito Control Building 27 Centerville Centerville Elementary School 28 Chesapeake Beach Bayside Baptist Church 29 College Park College Park Elementary School 30 Colonial Colonial Baptist Church 31 Courthouse Courthouse Fire Station 32 Creeds Creeds Fzre Station 33 Culver Ocean Lakes High School 34 Dahlia Green Run High School 35 Davis Corner Bettie F. Williams Elementary School 36 Eastern Shore Eastern Shore Chapel 37 Fairfield Fairfield Elementary School 38 Forest Kings Grant Elementary School 39 Glenwood Glenwood Elementary School 4O Great Neck Francis Asbury United Methodist Church 41 Green Run Green Run Elementary School 42 Hilltop Good Shepherd Lutheran Church 43 Holland Holland Elementary School 44 Homestead Providence Presbyterian Church 45 Hunt Prince Anne Recreation Center 46 Kings Grant St. Nicholas Catholic Church 47 Kingston Kingston Elementary School 48 Lake Smith Bayside Church of Christ 49 Landstown Landstown Community Church 5O Larkspur St. Andrews United Methodist Church 51 Linkhorn Virginia Beach Community Chapel 52 Little Neck St. Aidan's Episcopal Church 53 London Bridge London Bridge Baptist Church 54 Lynnhaven Grace Bible Church 55 Magic Hollow Roma Lodge No. 254 56 Malibu Malibu Elementary School 57 Meadows Pembroke Meadows Elementary School 58 Mt. Trashmore Windsor Woods Elementary School 59 North Beach Galilee Episcopal Church 6O Ocean Lakes Ocean Lakes Elementary School 61 Ocean Park Bayside Christian Church 62 Oceana Scott Memorial United Methodist Church 63 Old Donation Old Donation Center for Gifted 64 Pembroke Pembroke Elementary School 65 Plaza Lynnhaven Elementary School 66 Point O'View Kempsville Church of Christ 67 Providence Kempsville Recreation Center 68 Red Wing Fire Training Center 69 Rosemont Forest Rosemont Forest Elementary School 7O Roundhill Salem Middle School 71 72 Rudee Virginia Beach Volunteer Rescue Squad Building 73 Salem Salem United Methodist Church 74 Seatack Seatack Elementary School 75 Shannon Church of the Ascension 76 Shell Unity Church of Tidewater 77 Sherry Park St. Matthews Catholic Church 78 Sigma St. John the Apostle Catholic Church 79 South Beach Contemporary Art Center of Virginia 8O Stratford Chase Providence Elementary School 81 Strawbridge Strawbridge Elementary School 82 Thalia Thalia Elementary School 83 Thoroughgood Independence Middle School 84 Timberlake White Oaks Elementary School 85 Trantwood Virginia Beach Christian Church 86 Windsor Oaks Windsor Oaks Elementary School 87 Witchduck Bayside Presbyterian Church 88 89 9O 91 Wolfsnare Woodstock Virqinia Beach Christian Life Center Avalon Church of Christ 92 93 94 Central Absentee Voter Precinct Agriculture/Voter Registrar Building 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of September , 1999. 97 98 99 100 101 102 103 104 105 CA-7470 DATA~ATY~ORDIN~NONCODE~SECTION 10.1. ORD R1 AUGUST 23, 1999 APPROVED AS TO CONTENT: Voter Registrar APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office AN ORDINANCE TO AMEND THE CITY CODE PERMITTING DEPUTY SHERIFFS TO ENGAGE IN OFF-DUTY EMPLOYMENT SECTION AMENDED: § 27-2 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: That Section 27-2 of the City Code is hereby amended and 8 reordained to read as follows: 9 Sec. 27-2. Department rules and regulations; duty assigranents. 10 (a) The chief of police, with the approval of the city 11 manager, shall make rules and regulations concerning the operation 12 of the department of police, the conduct of the officers and 13 employees thereof and their uniforms, arms, other equipment and 14 training. 15 (b) The chief of police shall assign all members of the 16 department of police to their respective posts, shifts, details and 17 duties. 18 (c) The chief of police and the sheriff is are 19 authorized to permit police officers and deputy sheriffs, 20 respectively, to engage in off-duty employment which may 21 occasionally require the use of police powers in the performance of 22 such employment, and mey to promulgate rules and regulations 23 concerning such off-duty employment. 24 Adopted by the Council of the City of Virginia 25 Beach, Virginia, on the 7 day of September , 1999. 26 27 28 29 30 31 32 33 34 CA-7468 ORDIN~NONCODE[CA-7468.0RD August 20, 1999 R3 APPROVED AS TO CONTENT: Sheriff's Offic~ APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Item V-d.2.a. - 22 - ORDINANCES ITEM # 45410 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: Or&nance re' Traffic Safety Improvements - Phase H (CIP #2-285): ACCEPT and APPROPRIATE a $594,000 Hazard Ehmtnatton Grant, $64,680 of Urban Allocatton Fun&ngfrom the Vtrginta Department of Transportatton (VDOT) to Capttal Project #2-285 as retmbursement of costs assoctated wtth safety tmprovements on Shore Drive; and, to increase the esttmated revenue from the Commonwealth accordingly Voting. 10-1 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wilham W. Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wtlham D Sessoms, Jr. and A. M "Don" Weeks Counctl Members Voting Nay Reba S McClanan Councd Members Absent: None September 7, 1999 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $594,000 GRANT AND $64,680 OF URBAN ALLOCATION FUNDING FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO CAPITAL PROJECT #2-285, TRAFFIC SAFETY IMPROVEMENTS - PHASE II, AS REIMBURSEMENT FOR PROJECT COSTS ASSOCIATED WITH SAFETY IMPROVEMENTS ON SHORE DRIVE 10 WHEREAS, the City Council recognized the need for safety 11 improvements to Shore Drive by adopting the programming resolution 12 for hazard reductions on June 3, 1997; 13 WHEREAS, the Department of Public Works coordinated the 14 construction of safety improvements to Shore Drive, which were 15 completed in May of 1999; and 16 WHEREAS, reimbursement for the total project costs of 17 $660,000 is available from a $594,000 Virginia Department of 18 Transportation hazard elimination grant, $64,680 of Virginia 19 Department of Transportation urban allocation funding and a $1,320 20 match from Capital Project #2-285, Traffic Safety Improvements - 21 Phase II. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 1. That a $594,000 hazard elimination grant and $64,680 25 of urban allocation funding are hereby accepted from the Virginia 26 Department of Transportation and appropriated to Capital Project 27 #2-285, Traffic Safety Improvements - Phase II, as reimbursement of 28 project costs associated with safety improvements on Shore Drive. 29 2. That estimated revenue from the Commonwealth of 30 Virginia is hereby increased in the amount of $658,680. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of September , 1999. 33 Requires an affirmative vote by a majority of the members 34 of City Council. 35 36 37 38 39 CA-7464 F:~Data~ATY~Ordin~NONCODE~shoreord.wpd August 16, 1999 R-5 40 41 42 43 44 45 46 APPROVED AS TO CONTENT: ~/~~c3~ L~I' ~ ~~'Z'I""F-"~ ~ Services Mana\ment APPROVED AS TO LEGAL SUFFICIENCY: Item V-J.2.b. - 23 - ORDINANCES ITEM # 45411 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED: Ordinance re' Traffic Safety Improvements - Phase H (CIP #2-285): TRANSFER $130,802 from the Lynnhaven Parkway and Vtlang Drive Intersectton Improvements Project (CIP #2-286) re traffic safety tmprovement projects ready for constructton Voting 11-0 (By Consent) Council Members Voting Aye: Ltnwood O. Branch, Ill, Margaret L Eure, Wilham W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlliam D Sessoms, Jr and A. M. "Don" Weeks Councd Members Voting Nay' None Council Members Absent None September 7, 1999 AN ORDINANCE TRANSFERRING $130,802 FROM CAPITAL PROJECT #2-286, LYNNHAVEN PARKWAY AND VIKING DRIVE INTERSECTION IMPROVEMENTS, TO CAPITAL PROJECT #2-285, TRAFFIC SAFETY IMPROVEMENTS, PHASE II, TO PROVIDE FUNDING FOR TRAFFIC SAFETY IMPROVEMENT PROJECTS READY FOR CONSTRUCTION 10 WHEREAS, $340,000 was originally transferred from Capital 11 Project #2-285, Traffic Safety Improvements - Phase II, to Capital 12 Project #2-286, Lynnhaven Parkway and Viking Drive Intersection 13 Improvements, for the purpose of providing safety improvements; and 14 WHEREAS, since project expenditures for Capital Project 15 # 2-286 were less than anticipated, $130,802 is available to now be 16 transferred back to Capital Project #2-285, Traffic Safety 17 Improvements - Phase II, to provide funding for traffic safety 18 projects now ready for construction. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That funds in the amount of $130,802 are hereby 22 transferred from Capital Project #2-286, Lynnhaven Parkway and 23 Viking Drive Intersection Improvements, to Capital Project #2-285, 24 Traffic Safety Improvements - Phase II, for the purpose of 25 providing funding for several traffic safety improvement projects 26 now ready for construction. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of September , 1999. CA-7462 DATA\ATY~NONCODE~TRAFFIC SAFETY.ORD AUGUST 20, 1999 R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY ~M~me~nt'Servlces }~ ' .,~~ty Attorn~ ~ 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #2- 286 LYNNHAVEN PARKWAY AND VIKING DRIVE INTERSECTION IMPROVEMENTS; TO ACCEPT AND APPROPRIATE A $286,611 GRANT TO CAPITAL PROJECT #2-286; TO TRANSFER $340,000 FROM CAPITAL PROJECT #2-285 TRAFFIC SAFETY IMPROVEMENTS - PHASE II TO CAPITAL PROJECT #2- 286; AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CITY-STATE AGREEMENT FOR CONSTRUCTION OF THOSE IMPROVEMENTS 11 WHEREAS, Capital Project #2-286 Lynnhaven Parkway and Viking 12 Drive Intersection Improvements is being established to account for design, site acquisition, and construction of improvements for the Lynnhaven Parkway and Viking Drive Intersection at an 15 estimated cost of $626,611; 16 WHEREAS, the City of Virginia Beach applied for a Virginia 17 Department of Transportation (VDOT) Congestion Mitigation and Air 18 Quality (CMAQ) grant and was awarded a net grant amount totaling 19 $286,611 by VDOT which will support a portion of the costs of the 20 project; 21 WHEREAS, $340,000 is available in Capital Project #2-285 22 Traffic Safety Improvements - Phase II to transfer to Capital 23 Project #2-286 Lynnhaven Parkway and Viking Drive Intersection 24 Improvements to complete the funding of the project; 25 WHEREAS, the City has successfully bid the construction and 26 has received approval from the Commonwealth Transportation Board to 27 execute the construction contract; and 28 WHEREAS, VDOT has prepared a City-State Agreement for the 29 construction of the project by the City. 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH: That the Capital Budget is hereby amended by 32 establishing Capital Project #2-286 Lynnhaven Parkway and Viking 33 Drive Intersection Improvements; 34 BE IT FURTHER ORDAINED: That the $286,611 CMAQ grant for the 35 intersection improvements is hereby accepted from VDOT and 36 appropriated to Capital Project #2-286 Lynnhaven Parkway and Viking 37 Drive Intersection Improvements, and that estimated revenue from 38 39 the Commonwealth.is hereby increased by $286,611; · BE IT FURTHER ORDAINED: That $340,000 is hereby transferred 40 from Capital Project #2-285 Traffic Safety Improvements - Phase II 4! to Capital Project #2-286 Lynnhaven Parkway and Viking Drive 42 Intersection Improvements; and 43 BE IT FURTHER ORDAINED: That the City Manager is hereby 44 authorized to enter into a City-State Agreement for construction of 45 the intersection improvements. 46 47 Adopted the 2nd day of D~c., 1997, by the Council of the City of Virginia Beach, Virginia. 48 49 50 51 APPROVED AS TO ~CONT~ --Walter C. Krae~, Jr. , Department of Management Services 52 53 54 APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office 55 56 57 58 CA-6833 DATA/ORDIN/NONCODE/LYNNVIK. ORD NOVEMBER 19, 1997 R1 LOCATION MAP © / / / SCALE : 1" = 1,6gg' / / 10.48.~ / ! EVlSED i I ) I ( I I I I / / Y / / VISED 1~ --- I I ~ OFFICE I I lOCATION MAP FOR ,, ~IMPROVEMENTS ', ~" ~VI KiNG DR & kYN N HAVEN P~. 'C.I.P. 2-296-~::~ / / / / / / / / / / / / I~PII~D BY P/W I~'~ OR~T. l'a-NOV-l~lCI? Item V-J.3. - 24 - ORDINANCES ITEM # 45412 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Council ADOPTED:. Ordtnance to ACCEPT and APPROPRIATE a $4 7,201 Grant from the Virginia Department of Criminal Justtce Servtces to the FY 1999-2000 Operating Budget of the Department of Juventle Justtce/Vtrginta Beach Court Service Unit re drug education and testing programs for Juveniles tn secure detention and under court supervision; and, esttmated revenue from the federal government be tncreased accordtngly Voting: 11-0 (By ConsenO Council Members gottng Aye' Linwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wdham D Sessoms, Jr. and A. M "Don" Weeks Council Members Vottng Nay None Councd Members Absent None September 7, 1999 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $47,201 GRANT FROM THE STATE DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE FY 1999-00 OPERATING BUDGET OF THE DEPARTMENT OF JUVENILE JUSTICE/VIRGINIA BEACH COURT SERVICE I/NIT FOR THE PURPOSE OF FUNDING A DRUG EDUCATION PROGRAM FOR JUVENILES IN SECURE DETENTION AND AN EDUCATION PROGRAM FOR JUVENILES UNDER COURT SUPERVISION 12 WHEREAS, under the Juvenile Accountability Incentive 13 Block Grant Program, the City of Virginia Beach has been awarded a 14 grant in the amount of $47,201 in federal and state funds from the 15 Virginia Department of Criminal Justice Services, with the 16 Commonwealth providing the 10% grant match on behalf of the City 17 for the period covered by the grant; 18 WHEREAS, as required by federal rules for the program, a 19 plan has been conducted under the purview of the Juvenile Crime 20 Enforcement Coalition (a subcommittee of the Virginia Beach 21 Criminal Justice Board) outlining the needs of the juvenile justice 22 system to determine the areas where the grant would have the 23 greatest impact; 24 WHEREAS, the plan recommends the creation of a drug 25 education and testing program for juveniles held in secure 26 detention, as well as an education program for juvenile offenders 27 under the supervision of the Virginia Beach Court Service Unit; and 28 WHEREAS, in cooperation with the Community Services Board 29 and the Virginia Beach Public Schools, the Virginia Beach Court 30 Service Unit will use the grant funds to develop these two 31 programs. 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 1. That a grant in the amount of $47,201 is hereby 35 accepted from the Virginia Department of Criminal Justice Services 36 and appropriated to the FY 1999-00 Operating Budget of the 37 Department of Juvenile Justice/Virginia Beach Court Service Unit to 38 fund a drug education and testing program for juveniles held in 39 secure detention and an education program for juveniles under the 40 supervision of the Court Service Unit. 41 2. That the City Council hereby states that funding for 42 these programs is contingent upon the availability of the federal 43 block grant and the state block grant match, and if federal and 44 state funding is reduced or eliminated, then the programs may be 45 reduced or eliminated accordingly. 46 3. That estimated revenue from the federal government 47 is hereby increased by $42,481 and the state government is 48 increased by $4,720. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the 7 day of September , 1999. CA-7473 DATA[ATY[ORDIN[NONCODE~JAIB47K. ORD SEPTEMBER 1, 1999 R3 APPROVED AS TO CONTENTS: SUFFICIENCY: APPROVED AS TO LEGAL ~aana--~em~~i ty Attorney~-~ Subgrantee: City of Va Beach ........ Pr~j~:~ Director '" Mr. Jan]cs K. Spore City Manager City of Virginia Beach Juvenile Court Services 2305 Judicial Boulevard Virginia Beach, Virginia 2.1456 Department of Criminal Justice Services 110f ~as/Broad .Street. 10th Fleer, Richmond, VA 2.3219 Juvenile Accountability Incentive Block Grant Statement of Award/Acceptance ' ' ...... DSt,: February 19,199~ ................... · '"' G;~'nt Period: ........ Grant No: 99-A~218JB98 ,,--, .... iii ii ill I .... ,,,, ....... ,,, Project Administrator Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Boulevard City Hall 2nd Floor Virginia Beach, Virginia 23456 January !, 1999- December 31, 1999 Finance 'Offic'~'~' "' Ms. Patricia A Phillips Ftnnnce Director City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Phone No: (757) 426-4242 Phone No: ' ' ' . J III I.II __. _ I _ Ell[ I Federal ' I State GF Match S42,481.00 ...................... $4,720.00 (757) 427-468 ! Phone No: (757) 427-4361 II I I I I II I llllLllllll Ill I II TOTAL PROJECT ! · This 'grant is Subject to ali rules, regulations, and special conditions inClude~'"in this' ~ward. TOTAL $4'),2'~ l'~ii6 ....... ............................ Jo/~'ph BTB~"~det~''~irector Please complete this form by indicating below your planned expenditures for each Purpose Area, See attached instructions for completing the award acceptance. Enter the amount of this grant, including matching funds, you plan to spend in each category below. The total entered must equal the total awarded in this grant, including match. Please round to the nearest dollar. ....................................................................... Aj~ ~ ~l~! ...... Purpose Areas (see enclosed information for detailed explanations) nt I. Building, expanding, renovating or operating detention facilities; training of correctional $ ... personnel 2. $ . Accountability-based sanctions Hiring juvenile Judges, probation officers' court-aPpOinted defenders; pre-trial services Hiring additional prosecutors : -- -:: Enable prosecutors to address gangs, drugs & youth violence more effectively 5~ 6. Technology, equipment & training to assist prosecutors S 7. $ Ilolding juvenile offenders accountable and reducing recidivism Court-based programs targeting firearms Offenders ~ 9. Drug court programs for juveniles 10. Interagency Information sharing Ii. Accountability-based programs ' $ 18 426 12. Drug testing for juveniles $,, 28,775 Administration (may be no more than 10% of total) I TOTAL [ $ 47,201 Tile undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, doe,~ hereby accept this grant and agree to the conditions pertaining thereto, this ~day of ,19 . Signature of Project Administrator: Title: Item V=d. 4. - 25 - ORDINANCES ITEM # 45413 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Councd ADOPTED: Ordinance to REAPPROPRIATE $25,000 of the 1997 Local Law Enforcement Block Grant to the FY 1999-2000 Operattng Budget of the Sheriff's Department re addtttonal van for prisoner transportation. Voting' 11-0 (By Consent) Council Members Vottng Aye Linwood 0 Branch, III, Margaret L Eure, Wdliam W. Harrtson, Jr., Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay: None Councd Members Absent None September 7, 1999 AN ORDINANCE TO REAPPROPRIATE $25,000 OF THE 1997 LOCAL LAW ENFORCEMENT BLOCK GRANT TO THE SHERIFF'S DEPARTMENT'S FY 1999-00 OPERATING BUDGET, FOR THE PURCHASE OF AN ADDITIONAL VAN FOR PRISONER TRANSPORTATION WHEREAS, in 1997, City Council prewously appropriated $297,599 of a two- 7 year Local Law Enforcement Block Grant, $72,000 of which was appropriated to purchase 8 two (2) vans for the Sheriff's Department for pnsoner transportation; WHEREAS, because of the extensive use of these vans, and the current 10 condition of an existing van, the Sheriff's Department needs an additional van for prisoner 11 transportation; and 12 WHEREAS, $25,000 is available from the 1997 grant because of cost 13 savings resulting from the purchase of the two (2) vans. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That $25,000 of available funding from a 1997 Local Law Enforcement Block 17 Grant is hereby reappropriated to the Sheriff's Department's FY 1999-00 Operating 18 Budget, for the purchase of an additional van for prisoner transportation. 19 Adopted by the Council of the City of Virginia Beach, V~rginia, on the 20 7 of September ,, 1999. CA-7469 DATA~ATY~ORDIN\NONCODE\VAN FOR PRISIONERS ORD AUGUST 25, 1999 R-3 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Serv,ces ~/ (~ ~r~(:; ty Attorney s ~._~ce Item V-J. 5. - 26- ORDINANCES ITEM # 45414 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED: Ordtnance to TIL,INSFER $260, O00 from the Open Space Program Stte Acqutsttton (CIP g4-004) and $300, O00 from West Neck Creek Dtstrtct Park (CIP g4-968) to the Bow Creek Netghborhood Park, (CIP g4-003) re purchase of the Bow Creek Motel property Vottng 11-0 (By ConsenO Council Members Voting .dye Ltnwood 0 Branch, III, Margaret L. Eure, Wilham W. Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Vottng Nay None Counctl Members Absent None September 7, 1999 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO TRANSFER $260,000 FROM CAPITAL PROJECT #4-004, OPEN SPACE PROGRAM SITE ACQUISITION, AND $300,000 FROM CAPITAL PROJECT #4- 968, WEST NECK CREEK DISTRICT PARK, TO CAPITAL PROJECT #4-003, BOW CREEK NEIGHBORHOOD PARK, FOR THE PURPOSE OF PURCHASING THE BOW CREEK MOTEL PROPERTY 13 WHEREAS, City Council approved the Bow Creek Neighborhood 14 Park project, capital project #4-003, in the FY1998-99 Capital 15 Improvement Program, which involves acquiring approximately five and one- 16 half acres of land adjacent to the Bow Creek Recreation Center (the Bow 17 Creek Motel site), demolishing the existing buildings, and making 18 improvements to the site once acquired; 19 WHEREAS, City representatives and the owners of the Bow 20 Creek Motel property have arrived at a price of $1,800,000 for the motel, 21 which is supported by updated appraisals and cash flow information, but 22 which exceeds budgeted amounts in capital project #4-003 by $500,000; 23 WHEREAS, the park project cost is anticipated to mncrease by 24 $560,000, to a total of $2,688,000, due to the increase in property 25 acquisition costs and an increase in construction costs by $60,000;and 26 WHEREAS, to meet these increased costs, the Department of 27 Parks and Recreation has identified available funding in capital projects 28 #4-004, Open Space Program Site Acquisition, and #4-968, West Neck Creek 29 District Park, which could be transferred with minimal impact to existing 30 projects. 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 That $560,000 is hereby transferred to capital project #4- 34 003, Bow Creek Neighborhood Park, with $260,000 of this amount bemng 35 transferred from capital project #4-004, Open Space Program Site 36 Acquisition, and $300,000 from capital pro]ect #4-968, West Neck District 37 Park, for the purpose of funding the increased costs of acquiring the Bow 38 Creek Motel and constructing the neighborhood park. 39 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the 7 day of September , 1999. CA-7475 DATA~ATY~ORDIN~NONCODE~BOW CREEK MOTEL. ORD SEPTEMBER 1, 1999 R4 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~a~age~m~n~~j~__. ~[~"'~~ S ~"~"~x ~'~ - -~/ ~ity Attorney's 0fflce C~ty of V~rg~nsa Beach Vsrg~ma F~scal Year '1999-2000 thru 2004-2005 Capital Improvement Program .,. Project # and T~tle 4-003 Bow Creek Nesghborhood Park . . C-'~P Sect,on Parks and Recreat,on Bus,ness Area Cultu'ral Total Total Budget Unappropr'ated Subsequent Years Future -- Programmed Appropnat,ons Year I Year 2 Year 3 Year 4 Year 5 "Year 6 -- Funding Funds To Date FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 Requ,rement -- 1,788,000 1,788,000' 0 0 0 0 [ 0 0 Th~s project ~s for the acquts~bon of approximately five acres of land adjacent to the Bow Creek Recreabon Center, demoht~on of the buildings and paving on the acquired property, and ~mprovements to the acquired rote Improvements planned for the rote are add~bonal parking w~th ~mproved vehicular and pedestrian access, mclud~n9 a separate golf course entrance drive, development of a neighborhood park, and plant buffenng of the adjacent neighborhood A porbon of the cost of these ~mprovements wdl be funded from project # 4-950 Neighborhood Park Development and project # 4-949 Golf Course Infrastructure and Equipment The schedule for th~s project ~s dependent upon acqu~mbon proceedings Th~s project wdl not only address ~mproved access and ~ntenor traffic c~rculabon to the ex~st~ng recreabon center and golf course, but wdl also address neighborhood open space needs Th~s s~te ~s ~n the Holland Planning Area, which ~s m cnbcal need of additional open space and recreabon amenbbes Th~s project first appeared m the FY 97-98 Capital Improvement Program as Bow Creek Recreabon Center Acqu~mbon Study A feambd~ty study was completed for the project In November 1997 and additional funding is Included to acquire the Bow Creek Motel and demohsh the ex~sbng structure The name of the project was changed to reflect the ~ncreased scope Bas~s for Esbmate FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 Non-Apphcable 0 0 0 0 0 0 -------,,---, .-: t I~,m,, I I - i~~,~t~'~,-,..~ "'""-~'~ I \ '~ ~ / I I ; ~ '. '.. h,'~ ~" ;1~ Future Fund,ng Requ,rements 0 ; 'k --_ '--' ',,-' F~scal Year 1999-2000 10 Parks and Recreation Item V-d. 6. - 28 - ORDINANCES ITEM # 45415 (Continued) The MAIN MOTION made by Counctl Lady Henley, seconded by Counctl Lady Parker, to DENY' Or&nance to authorize the City Manager to enter into a Cost Participation and Development Agreement re design and construction of a portion of Ferrell Parkway - Phase VI, the extenston of Upton Drive and the development of certain property of Lake Gem LLC (total cost to City not to exceed $2,900,000) Voting 5-5 (MOTION LOST) Counctl Members Voting Aye Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorfand Nancy K Parker Council Members Vottng Nay Ltnwood O. Branch, III, Margaret L. Eure, Harold Heischober, Vice Mayor Wdham D. Sessoms, Jr and A M. "Don" Weeks Counctl Members Abstatntng William W Harrtson, Jr Councd Members Absent. None Councdman Harrison ABSTAINED as hts law firm represents the applicant September 7, 1999 Item V-J. 7. - 29- ORDINANCES ITEM # 45416 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: Request to approve the proposed City Council Policy on the matntenance and repatr of aging City infrastructure. Vottng. 11-0 (By Consent) Council Members Vottng Aye: Linwood O. Branch, III, Margaret L Eure, Wilham W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndor~, Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and A M "Don" Weeks Councd Members Vottng Nay None Councd Members Absent None September 7, 1999 City Council Policy T~tle Maintenance and Repair of Aging C~ty Infrastructure Date of Adoption 00/00/00 I Date of Rews~on 00/00/00 I Index Number CP 0 00 Page 1 of 2 1.0 Purpose and Need 1.1 Aging ~nfrastructure ~s a growing nationwide problem which demands ~ncreased attention Currently, the estimated cost to maintain and repair the nation's ~nfrastructure ~s at least $853 b~ll~on. 12 V~rg~n~a Beach ~s a relatively young c~ty, established ~n 1963, which has now become a mature urban area w~th a population approaching 450,000 Over the years, a large public ~nvestment has been made ~n bu~ld~ng the C~ty's ~nfrastructure The estimated replacement value of the C~ty's ~nvestment ~s currently $5 38b~ll~on A large p~rt~n of that ~nfrastructure~ such as pub~m bu~d~ngs~ roads, water and sewer ~nes~ and schools, was constructed dunng the 1970s and earlier, and these facilities are now reaching ages where major maintenance and repair, ~f not full replacement, should be planned 1.3 For the last several years, C~ty Council, the School Board, and C~ty and Schools staffs have recognized the need for th~s ~ncreased commitment to repair, renovate and replace the C~ty's older ~nfrastructure Councd has addressed th~s ~ssue by ~nclud~ng additional funds ~n the Capital Improvement Program (CIP) for maintenance and repair projects. 1.4 Competition for C~ty resources ~s keen wh~le the C~ty's ~nfrastructure maintenance and repair needs are growing S~nce ~t ~s ~n the public ~nterest to plan now for the future maintenance and repair of th~s substantml public ~nvestment, C~ty Council desires to establish a policy on ~nfrastructure maintenance and repair to focus attention on the unseen but growing ~nfrastructure ~ssue and to prevent large and costly replacements ~n the future 2.0 Policy 2.1 It ~s the policy of C~ty Council to support the planned maintenance and repair of the C~ty's ~nfrastructure ~n a manner whmh prowdes the best facilities at the least cost and maintains the value of the C~ty's Investment. 2 2 It ~s the policy of C~ty Council to treat ~nfrastructure maintenance and repair costs as fixed costs for new projects 23 It ~s the long-term goal of C~ty Council to achieve maintenance and repair levels which ~nsure that the C~ty's ~nfrastructure ~s functional and maintained ~n good condition by allocating the resources required by condition assessment surveys or generally accepted ~ndustry funding standards 2 4 It ~s the policy of C~ty Council to seek the expansion of resource capacity for these purposes. 3.0 Procedure(s) to Accomplish Policy 3 1 Staff w~ll continue ~ts planned ~nfrastructure ~nventory and assessment until a complete and accurate ~nventory and assessment of the C~ty's ~nfrastructure ~s complete The ~nventory and assessment w~ll be maintained thereafter so funding requirements can be ~dent~fled. T~tle Maintaining C~ty Infrastructure Index Number CP 0 00 Date of Adoption 00/00/00 Date of Rews~on 00/00/00 Page 2 of 2 3 2 The C~ty Manager shall, ~n the annual budget document, report the amount of the C~ty's resources being applmd to ~nfrastructure maintenance and repair, and ~ts relat~onsh.p to replacement plant value 3 3 The C~ty Manager shall, ~n concert w~th regional efforts, pursue ~ncreased resources for ~nfrastructure maintenance and repair w~th emphas~s on ~ncreases ~n State allocations for the maintenance and repair of roads, schools, and other ~nfrastructure. 4.0 Responsibility and Authority 4.1 The C~ty Manager shall be responsible for submitting a budget which adequately funds the maintenance and repair of C~ty ~nfrastructure, and for reporting progress toward ach~ewng Council's goals 5.0 Definitions 5 1 "Maintenance" ~s dehned as the recurrent, day-to-day, periodic, or scheduled work required to preserve real property ~n such condition that ~t may be used for ~ts designated purpose. 5 2 "Repair" ~s dehned as the restoration or ~n-k~nd replacement of real property to such condition that ~t may be used for ~ts designated purpose. Th~s would ~nclude projects I~ke the replacement of Cooke Elementary School or the Social Serwces building. 5 3 "Expansion" or "new construction" ~s dehned as the ~nstallat~on or assembly of a new facility, or the addition, extension, alterat.on, or conversion of an ex~st~ng facility for a new or expanded use ,o ,!5'- fT-e Approved as to Legal Sufficiency: Reviewed by: Item Number: Date Date C~ty Clerk Date OFFICE OF THE CITY MANAGER (757) 427 4242 FAX (757) 427 4135 TDD (757) 427 4305 April 23, 1999 City' ot' Virgixaia MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456 9001 The Honorable Mayor and Members of Council Mumclpal Center V~rglma Beach, V~rg~nia 23456 SUBJECT Cxty's Infrastructure Dear Mayor and Councd Members Dunng 1998 a joint Committee was created of C~ty and School staff and two Council Members to determine the best funding sources and mechamsms for mmntalmng the City's ~nfrastructure at an acceptable condition or service level The Committee has completed its work They examined various fundxng alternatives and developed a plan best stated for the C~ty Their report and draf~ C~ty Counctl Pohcy are attached for your ~nformat~on As you can see, the Cxty's relatively young age coupled w~th your emphas~s on quahty has positioned us well to plan ahead and prevent the ~nfrastructure problems currently facing many older c~txes A briefing on the report results wtll be provided on Tuesday If you have any questions before the briefing please contact Clarence Warnstaff at 427-8035 With pride m our C~ty, ames K Spore ty Manager JKS/asp Attachments April 15 1999 Committee Oil Aging Infrastructure Report I BACKGROUND Much has been written ~n the past decade about the issue of the aging pubhc infrastructure in the United States For the last twenty to thirty years growing cities like Virginia Beach have built new infrastructure to keep up with demand for Increased service However, this infrastructure has a limited life span and over time requires replacement or major renewal A sampling of the City's infrastructure Includes 3,150 lane miles of road pavement, 2,355 miles of sidewalk, 2,753 miles of sewer and water lines, 83 schools and 204 public buildings The total current replacement value of tile C~ty's infrastructure is es.mated to be $5 38 billion The City of V~rglma Beach is a relatively young city which has pursued quality ~n ~ts Infrastructure investment Demanding high quality public infrastructure has resulted in excellent facilities supporting quality services As w~th any facility, age demands ~ncreased maintenance and attention Roadways need repav~ng and reconstruction, braidings need paint and new roofs, etc For tile last several years, City CouncIl, the School Board, and City and Schools staffs have recognized the need for an ~ncreased commitment to repair, renovation and replacement of the C~ty's older infrastructure Council has addressed tlus issue by lnc}udlng additional funds in the Capital Improvement Program (C I P ) for maintenance and renewal projects This is part of our effort to achieve City Council's long term desire for a quality physical environment However, a 1997 staff report ind:cated there ~s still a gap between what is needed for maintenance of the infrastructure and what funding sources are available That report recommended three actions toward ~ncreaslng the level of maintenance and repair ofthe City infrastructure The Department of Public Works had created a Budget Forecasting Program to analyze the condition of road pavement and forecast the annual budget requirement to maintain the City's roadway pavement at various service levels Th~s program slJould be systematically expanded to ~nclude an inventory and assessment of all classes ot' ('~ty infi ast~ uctu~ e (lnl~l sucll l~llm as tim ('~ty has ,t CO~l~p~el~c~s~vc ~lvenloiy and asscss~nent ot the Thus far we have used the City's bond authority and pay-as-you-go financing for maintenance and repair of tile ~nfrastmcture, but this source ~s not limitless Therefore, a joint C~ty Council/City Staff' Committee should be created to examine various fi~nd~ng alternatives and recommend the best sources and mechanisms for maintaining the City infrastructure over the long-term During 1998 the C~ty staff began to ~mplement these recommendation In October 1998 a joint Committee was created of City & School staffand two City Council members to deternune the best funding sources and mechanisms for malnta~mng the City's ~nfrastructure at an acceptable condition or service level The Committee included Councflmembers Margaret L Eure and Nancy K Parker, Clarence Warnstaff, David Grochmal, George Tzavaras, Tony Arnold, Walt Kraemer and Les Dlley Th~s Committee would examine various fiindlng alternatives, develop a plan for using those alternatives considered best suited for the City and determine what steps would be needed to ~mplement the plan Those ~deas would be recommended to C~ty Council for consideration and implementation For tile purposes ofttus study mmntenance was defined as the recurrent, day-to-day, periodic, or scheduled work required to preserve real property ~n such condition that it may be used for ~ts designated purpose Repair ~s the restoration or replacement ~n k~nd of real property to such condition that it rnay be used for its originally designated purpose This would include projects like the replacement of Cooke Elementary School or the Social Services bmldlng Expansion or new construction ns defined as the lnstallatmn or assembly of a new facihty, or the addition, extension, alteration, or conversion, of an existing facility for a new or expanded use The focus of thls committee was maintenance and repmr of the City's ~nfrastructure PROCESS The Committee conducted this study by rewew~ng previous city reports on the aging infrastructure, all of the Infrastructure asset categories and planned c~ty expenditures for maintenance and repair They also studied what was happening at the state level and how the V~rg~ma Beach s~tuat~on compared to the national Issue of aging infrastructure Their act~wtms accomplished the following Updated the city ~nfrastructure asset category hst, the replacement value and the renewal and replacement budget expenditures for FY 1998-99 Attachment A Examined the asset categories and their current funding sources Evaluated funding mechanisms currently ~n place for each asset category Conducted a thorough search of the I~terature to see what ~ndust~ standards are typically recommended for fi~nd~ng ~nfrastmcture maintenance and repair Identified current efforts to secure additional funding for repair and replacement of ~n~),~sl~uclu~e by the Governor and General Assembly ('onductcd a detailed ~ewew of h~gl~way, scl~ool, and storm wate~ ~nfiaq~ucture expend~tu~ cs and anticipated fi~ncttng I<~ all asset categories p~(~lcclcd tile p~oposed s~x year nl,l~nten,t~lcc, ~cp,t~ and ~cpl,tcc~ct~t cxpc~ld~tu~cs,~ssllown~tl~clY 98-99/{)3-()4 ('11' Attacl~c~t A '9 FINDINGS l'he City has recognized the ~mportance of protecting tile huge taxpayer ~nvestment ~n ~nfrast~ucture through increases ~n maintenance and repair spending and focused CIP p~og~ams The committee also found that wh~le much has been written and sa~d about the aging infrastructure ~ssue, the magnitude is daunting for many c~tles Tile city staff is currently ~n tile process of creating an Asset Management System for all of the city Infrastructure Th~s system will ~nclude the following for each asset category inventory, condition assessment, current level of service and cost of making repairs The system w~ll take at least 2-3 years to complete for all asset categories if funding ~s continued Once complete the system w~ll allow decision makers to determine the desired level of service for each asset and the corresponding cost of annual repairs to achieve that level ofservme There are many research groups, government organizations and special ~nterest groups which promote the need for reverstng the decline ~n America's Investment ~n ~nfrastmcture The Rebuild America Coal~tion is a broad coalition of 60 national, public and private orgamzat~ons who believe that "our nation's economic competitiveness and well being are directly I~nked to the condition and quality of our country's Infrastructure fac~htles and services" This group and many others support tile ~dea that ~nfrastmcture owners must ~nvest 2% - 4% of the replacement value each year ~nto mmntenance and repair of their ~nfrastmcture ~n order to mmnta~n ~ts quality and functionality Since Virglma Beach is a relatively young c~ty and the C~ty's leadership has recognized the need to protect the huge public investment ~n ~nfrastructure by constructing hlgh quality ~nfrastructure over the years, our needs are not as great as the average city Therefore, a more appropriate goal for V~rg~n~a Beach would be at the lower end of this spectrum or approximately 2% of replacement value As shown on attachment A for FY 98-99 Virginia Beach has budgeted $94,937,557 for infrastructure maintenance and repair which ~s 1 7% of estimated replacement value The FY 99-00 Proposed Budget includes $101,302,352 for maintenance and repair or I 82% of replacement value For the entire slx year CIP the total projected to be spent for ~nfrastmcture maintenance and repair averages from 1 5% to I 82% of replacement value each year, which approximates tile 2% recommended goal While funding for maintenance and repair at the goal level of 2% cannot be maintained overmght, it will take a conscious eflbrt to do so ~n a reasonable t~me period It is estimated that by increastng mmntenance and repa~ funding by approximately $1M annually compounded over ! 2 years, tile goal of 2% of ~eplacement value can be achieved, assuming maintenance, repair, and CIP growth continues at current rates Attacl~n~cnt A also shows that tbr the current stx year ('IP fundtng tb~ school maintenance ,~l(! ~Cl~,~i cxccccls 3% of'~cplaccnmnt value 'lilts ~ncluctcs part~al Ii, riding oftl~e Scllool (~c~clal Asscs~d)ly except ~n I'Y 994)0 ()n I:cb~ua~y 2, 1999 II~c ('~ty ('~)unc~l a~d hcllt)ol Boaid adopted a resolution d~rect~ng that all future State Lottery funds be applied to the School Modernization program, which ~s estimated to add in excess of $80 million over the next !0 years The Vlrg~ma Department of Transportation uses a formula established by tile Legislature to reimburse cities for roadway maIntenance However, in V~rg~ma Beach thJs funding falls short of the actual amount spent by the City for roadway maintenance In FY 97-98 Virginia Beach spent $35 7 mdl~on on roadway maintenance and VDOT reimbursed us $23 7 mdhon or 66% The amount funded by VDOT is based on an indexing formula, based on VDOT maintenance expenditures, which Is written into the State Code V~rg~ma Beach, and many other cities m the Commonwealth, recognize tile deficiency ~n tile reimbursement amount and the need to supplement the VDOT funds with c~ty funds Over the last 10 years the C~ty has taken pride ~n its roadway system and has spent $33 8M beyond what was reimbursed by VDOT for maintenance and repair, to keep the roadway system in relatively good condition The storm water, water, and sewer ut~llty systems are funded by sources of revenues separate from the general fund System expanslon is dictated by the growth patterns ofthe C~ty, which ~n turn changes the maintenance and repair requirements of the utility systems over t~me The entire program of each utility is being examined to determine ~fthe needs for maintenance and repair are appropriately balanced with tile needs for new construction w~tlun the current and proJected revenues CONCLUSIONS The Committee concluded that tile City has done very well in recent years to increase maintenance funding for the City's ~nfrastructure Thls ~s most recently evidenced by the comm~tnlent to school modernization And although we are not ~n a crisis we need to look ahead to ensure that maintenance and repmr funding achieves and maintains generally accepted industry funding standards This renewed and targeted approach ~s needed to prevent tile pitfalls currently facing many older c~tles In this regard the Committee's efforts and tile recommended actions are expected to be on the leading edge of a coming national trend to address antic~pated infrastructure problems RECOMMENDATIONS The Committee's recommended desired outcome ~s to adequately maintain City Infrastructure There are two strategies the Committee feels should be pursued to aclueve th~s outcome Reallocation of ex~st~ng resources ()bl,~n ,tdd~l~onal "out',,ide" resources Recommended actions for each strategy: I Reallocation of ~esources Continue and fund the ongoing infrastructure inventory and condition assessment to more accurately quantify the aging infrastructure ,ssue and ~dentffy the most immediate needs Develop a policy to treat infrastructure Maintenance and Repair costs as fixed costs for new projects Program the required maintenance and repair in the CIP each year at approximately 2% of Replacement Value for all new projects Develop a Council Policy establishing an ~nfrastructure maintenance and repmr funding target of the generally accepted ~ndustry standard or when the condition assessment ~s complete, tile amount needed to mmntmn the City's infrastructure ~n good condition In the ~ntenm, an increase in maintenance and repmr funding by approxtmately SIM annually compounded over 12 years should achieve this goal Study the feas~bthty of an internal service fund for adm~mstrative/mumc~pal bufldtng operations, maintenance, and repair, estabhshing a "rental" fee for space users s~milar to the risk management or information technology internal service fund Consider and evaluate all new infrastructure projects as candidates for pnvatizat~on, outsourc~ng, or pubhc-pnvate venture ~nmat~ves to reduce the public maintenance and repair requirements associated w~th new ~nfrastructure II Additional outside resources Work wlth the Hampton Roads Planning District Comm~ssion (HRPDC) and the state delegation to support more permanent and adequate state support for school, roadway, and other ~nfrastructure maintenance and repmr Work with HRPDC, the V~rglma Municipal League and Virgima Association of Counues, tile Hampton Roads Chamber of Commerce, and other groups as needed to change tile formula, thereby ~ncreas~ng tile state allocation of roadway maintenance funding per lane-mile for the region Submitted by' Margaret L Eure Date Date 4/20/99 4/20/99 LeslIe L Lflley CityJAtt'orne)} , , ' ,6 ~glnla ~ Pubhc School~'''-~ Walter C Kraemer ~)epartmeni of-Ma age e t S~6'~s Clarence WarnstaX~Acting D~ect?r De"~art~ent of Pubhc Wo/s X4, Department of General Services George N Tzavaras [ ~ c Works Date Date Date Date Date Date qo 9, I-qq Item V-J. 8. - 30- ORDINANCES ITEM # 45417 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Councd APPROVED: REFUNDS: License- $13,377.18 Tax - $ 3,815.47 Vottng 11-0 (By ConsenO Council Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L Eure, William W. Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wdliam D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absent. None September 7, 1999 FORMNO CA 8FI~V ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE NAME _~ YEAR PAID BASE INTEREST TOTAL ALL AMERICAN NANNY LTD ~ 151 17 20 15 171 32 ALLEN MICHAEL A 92 62 30 09 122 71 ANDREWS GREGORY 13 oo 0 oo 13 00 BELMORE INCORPORATED 4O 29 6 22 46 51 BERRY DOUGLAS SCOTT 10 o6 0 oo 10 o6 BIGCO INC 66 72 7 81 74 53 BISHOP DELBERT E 117 50 0 00 117 50 CADRE INC 6 15 0 oo 6 15 FREGIN FLETCHER ALLEN 10 56 0 oo 10 56 HILL-ROM COMPANY INC 7,430 43 247 58 7,678 01 HURRICANE ENTERTAINMENT GROUP INC 184 44 0 oo 184 44 LANIER APRIL KAY 5 24 0 00 5 24 RUFFIN LONNIE III 8 oo 0 oo 8 oo UNITED ARTISTS THEATRE CIRCUIT 3,079 15 388 05 3,467 20 VIRGINIA CRAFTERS MALL INC 437 50 18 22 455 72 VIRGINIA MULTI CINEMA LTD 851 o5 148 93 999 98 ZIMMERMAN KENNETH E 6 25 0 oo 6 25 08/05~99 AUDIT 08/02/99 AUDIT 1999 08/11/99 08/02/99 AUDIT 1999 08~03~99 08~05~99 AUDIT 07~28/99 AUDIT 1999 08/05/99 1999 08/12/99 07/30/99 AUDIT 1999 08/06/99 1999 08/10~99 1999 08/03/99 07~30~99 AUDIT 08~05/99 AUDIT 11/05/97 AUDIT 1999 08/12/99 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $13,377.18 p~l~/¢~~Cert~fied e/s to y · h~ ~p J:'"Kella~n-- Commissioner of the Revenue Approvej;I as to form: Lesl~ L L~lley C~ty Attorney were approved by the Council of the day of Sep~_embe~: ~19 99 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for tax refunds upon certification of the Treasurer are hereby approved Tax Type Ticket Exoneration Date NAME Year of Tax Number Number Paid Penalty Right, Denms L & Jane H 1999 Right, Dennis L & Jane H 1998 R~ght, Dennis L & Jane H 1998 Colomal Savings F A 1999 McLeskey, Jr F Wayne 1998 McLeskey, Jr F Wayne 1998 Cemt Bank 1999 Freeman, Curtis & Nancy L 1999 Malbone, Lankford Rev. Living Tr 1996 Malbone, Lankford Rev Llwng Tr 1996 Malbone, Lankford Rev Living Tr 1997 Malbone, Lankford Rev L~ving Tr 1997 Coughhn, Stephen James & Susan 1999 Coughhn, Stephen James & Susan 1999 O'Leary, James M Jr & Karla 1997 997 O'Leary, James M Jr & Karla 1 O'Leary, James M Jr & Karla 1996 O'Leary, James M Jr & Karla 1996 O'Leary, James M Jr & Karla 1998 O'Leary, James M Jr & Karla 1998 Purkey, Jr Harry R 1999 Tatem, Otis L & Leona M 1998 Tatem, Otis L & Leona M 1998 Garton, Barbara W 1999 Nlckson, Carolyn 1999 Umah, Rene G 1995 Harris, Richard A 1994 Armstrong, Odessa M 1995 Armstrong, Odessa M 1994 Simons, Brandon A 1994 RE(l/2) 99-103240-4 11/18/98 RE(l/2) 98-102342-4 11/25/97 RE(2~2) 98-102342-4 05/19/98 RE(2/2) 99-004987-1 05/03/99 RE(l~2) 98-080656-2 12/05/97 RE(2/2) 98-080656-2 06/05/98 RE(2/2) 99-124335-6 05/28/99 RE(2/2) 99-042513-4 06/05/99 RE(l/2) 96-074341-8 12/05/95 RE(2/2) 96-074341-8 06/05/96 RE(1/2) 97-075312-9 12/05/96 RE(2/2) 97-075312-9 06/05/96 RE(l/2) 99-026481-5 11/18/98 RE(2~2) 99-026481-5 05/13/99 RE(l~2) 97-090292-2 12/04/96 RE(2/2) 97-090292-2 06/05/97 RE(l/2) 96-088904-7 12/05/95 RE(2/2) 96-088904-7 08/07/96 RE(1/2) 98-090922-9 02/20/98 RE(2/2) 98-090922-9 03/25/99 RE(2/2) 99-095198-4 04/15/99 RE(l/2) 98-119877-1 11/21/97 RE(2~2) 98-119877-1 05/29/98 RE(l/2) 99-044477-4 12/05/98 Parking Ticket #553204 05/20/99 PP(2/2) 95023034927 06/30/99 PP(2/2) 94022615730 05/17/99 PP(2/2) 95022413813 12/01/95 PP(2/2) 94022398387 03/22/95 PP(2/2) 94023122994 07/13/99 10 O0 27 98 Int. Total 107 85 107 85 107 85 97 22 61 00 61 00 1217 32 21 90 16 22 16 22 16 65 16 65 18 30 18 30 61 00 61 00 59 40 65 86 68 71 72 47 138 50 71 98 71 98 495 13 100 00 21 71 91 06 3 78 13 46 199 18 9 85 317 60 11 81 43 81 TOTAL: $3,815.47 This ordinance shall be effective from date of adopnon The above a)~tement(s) totaling $3,815. were approved by the Council of the City of Vlmlma Beach on the 7 day of ~eptember, 1999 Ruth Hodges Smith City Clerk Jofl0 T At'k~nson,~I'reasr/rer Approved as to form "L~eshe L ~llley, ~-lty Attorney Item V-K. 1. - 31 - APPOINTMENTS ITEM # 45418 B Y CONSENSUS, Ctty Council RESCHEDULED the following APPOINTMENT. PARKS AND RECREATION COMMISSION September 7, 1999 - 32 - ITEM # 45419 Mayor Meyera E Oberndorf, entertained a motion to permit City Counctl to conduct its CLOSED SESSION, pursuant to Sectton 2 1-344, Code of Vtrgtnta, as amended, for the followtng purpose PUBLICLY-HELD PROPERTY. Dtscusston or constderatton of the acqutsitton of real property for pubhc purpose, or of the chsposttton of pubhcly-held real property, for dtscussion in an open meettng whtch would adversely affect the bargaining position or negottating strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Acquisttton/Disposttton of Property Bonney Road Property Upon motton by Vice Mayor Sessoms, seconded by Councilman Hetschober, Ctty Councd voted to proceed into CLOSED SESSION. Voting' 11-0 Council Members Vottng Aye: Ltnwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wtlliam D Sessoms, Jr and A. M. "Don" Weeks Councd Members Voting Nay: None Councd Members Absent. None September 7, 1999 - 33 - ITEM ~5420 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Councd Conference Room, Ctty Hall Building, on Tuesday, September 7, 1999, at 3 55PM Councd Members Present Margaret L Eure, William W. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Councd Members Absent' Ltnwood 0 Branch, III September 7, 1999 - 34- CER TIFICA TION OF CLOSED SESSION ITEM # 45421 Upon motton by Councdman Hetschober, seconded by Vice Mayor Sessoms, City Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meettng requtrements by Vtrgtnia law were chscussed in Closed Sesston to which this certifcatton resolution applies, AND, Only such public bustness matters as were identified tn the motion convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach City Councd / Vottng. 10-0 Councd Members Voang Aye Margaret L. Eure, Wilham W. Harrison, Jr., HaroM Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wdham D Sessoms, Jr and A M. "Don" Weeks Councd Members Vottng Nay' None Councd Members Absent Ltnwood 0 Branch, III September 7, 1999 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 45419, Page 32, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed 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 Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. City Clerk September 7, 1999 - 35 - CITY COUNCIL COMMENT ADD-ON ITEM # 45422 Councdman Harrtson referenced the BEST BUY store now occupying the previous location of Best Products Councdman Harrison expressed concern relative thezr sign and ~ts non conformance with the Ctty's or&nances The Ctty Manager advtsed Best Buy purchased the rtghts to the former Best Products' sign The Ctty Manager wtll revtew and respond September 7, 1999 Item V-N. - 36- ~ID JO URNMEN T ITEM # 45423 Mayor Meyera E Oberndorf DECLARED the Ctty Council Meeting ADJOURNED at 3:55 P.M. Chtef Deputy Ctty Clerk City Clerk Meyera E. Oberndorf Mayor C~ty of Vtrgtnta Beach Virgtnta September 7, 1999