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HomeMy WebLinkAboutDECEMBER 8, 1998 MINUTESCity oi- Virginia l cach "WORLD'S LARGEST RESORT crTY" CITY COUNC~ MAYOR MEYERA E. OBERNDORF. At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large LINWOOD O. BRANCH 111. District 6-Reach MARGARET L. EURE. District 1-Centerville WILLIAM W. HARRISON. JR., District 5-Lynnlmven HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY. District 7-Princess Anne LOUIS R. JONES. District 4-Bayside REBA S. McCLANAN. District 3-Rose Itall NANCY K. PARKER. At-Large A.M. (DON) WEEKS. District 2-Kempsville JAMES K. SPORE. City Manager LESLIE L. LILLEY. City Attorney RUTH HODGES SMITH. CMC/AAE, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PflONE: (757) 427-4303 FAX: (757) 426-5669 EMAIL: cr YCNCL~C[TY. V1RGINIA- BEACH.VA.US 08 December 1998 I. CITY MANAGER'S BRIEFINGS - Conference Room - 10:00 AM Ao Bo Co Do COX CABLE UPGRADE Regina Martin, Operations Manager, Cox Communications IN TOUCH WITH VIRGINIA BEACH Gwen Cowart, Director, Video Services FY 1997-1998 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND AUDIT Patricia A. Phillips, Director, Finance TRT LEGISLATIVE PACKAGE Council Members Barbara M. Henley and Don Weeks II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: The Reverend Paul C. Bailey, D.D. Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS 01 December 1998 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. PUBLIC HEARINGS GENERAL OBLIGATION BOND ISSUANCE $3.5 Million CIP for Schools, Roadways, Buildings, Coastal/Parks & Recreation/Economic/Tourism Projects EXCESS CITY REAL ESTATE PROPERTY - Hook Lane, Beechwood (BAYSIDE - DISTRICT 4) I. ORDINANCES/RESOLUTION Ordinance to issue General Obligation Bonds in the maximum amount of $3.5 Million re Schools, Roadways, Buildings, Coastal/Parks & Recreation/Economic/Tourism Projects. Ordinance to declare 6,216 square feet EXCESS PROPERTY at 4768 Hook Lane, Beechwood Subdivision; and, authorize the City Manager donate the same, in the name of the City, to the Virginia Beach Community Development Corporation, a non-profit organization (BAYSIDE - DISTRICT 4). Ordinance to AMEND Section 6-123 of the City Code re rental of personal watercraft during dangerous water conditions. 4. Ordinances re Department of Housing and Neighborhood Preservation: APPROPRIATE $121,699 fi.om FY 1997-1998 income to the FY 1998-1999 Operating Budget of the Department's Loan and Grant Fund re use in the Lake Edward/Plaza Rehabilitation Program; and, increase estimated revenues accordingly. bo Authorize the City Manager to execute contracts with the Judeo-Christian Outreach Center, Inc. re remodeling of the Blumenthal Schor Education Center and the acquisition of a Youth Shelter; and, APPROPRIATE $100,000 from the Community Development Special Revenue Fund to the Department's 1998-1999 budget re funding of these contracts. Ce ACCEPT and APPROPRIATE $2,525 in donations from Samaritan House, Vetshouse and the Judeo-Christian Outreach Center to the Department re support of the Homeless Resource Network; and, increase estimated revenues accordingly. Establish the Department's Optional Relocation and the Reconstruction Programs; and, TRANSFER $307,436 within the Department's FY 1998-1999 Operating Budget re funding these programs. 5. ENCROACHMENTS: Re Into a portion of City-owned right-of-way known as Virginia Beach Boulevard at Riddle Avenue by Judeo-Christian Outreach Center, Inc. re establishment of a dry pond (BMP) for on-site retention of stormwater (BEACH - DISTRICT 6). Into a portion of City-owned property at 4804 Ocean Front Avenue by Ramon, Jr. and Deborah A. Breeden re construction and maintenance of an in-ground swimming pool and decking (BEACH - DISTRICT 6). Ordinance to authorize the City Manager to lease City Property, not to exceed twelve (12) months, at 4560 Bonney Road to the Virginia Beach Development Authority (ROSE HALL - DISTRICT 3). Resolution to approve issuance of the Peninsula Ports Authority of Virginia Health System Revenue Refunding Bonds, Series 1998: Riverside Health System Project $62,000,000 8. License Refunds: $14,468.15 Je PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Applications re Providence Road and Old Princess Anne Road (KEMPSVILLE- DISTRICT 2): ao RICHARD KRAHENBILL, JR. and REAL INVESTMENTS, INC. , for the discontinuance, closure and abandonment of a portion of unimproved Providence Road, beginning at the Western boundary of Old Princess Anne Road and running Easterly 399.10 feet along the Northern boundary of Providence Road, containing 20,526 square feet bo REAL INVESTMENTS, INC., a Virginia Corporation, for a Change of Zoning District Classification from R-10 Residential District to Conditional R-7.5 Residential District at the Northwest intersection of Old Princess Anne Road and Providence Road (4509 Old Princess Anne Road), containing 3.4 acres Recommendation: APPROVAL Application of LARRY MEYERS for an Amendment to the Green Run Land Use Plan to allow an automobile repair facility (All Tune & Lube) on the West side of Lynnhaven Parkway, North of Princess Anne Road, (1943 Lynnhaven Parkway), containing 29,098 square feet (ROSE HALL - DISTRICT 3). Recommendation: APPROVAL Application of EARL SCHEIB OF VIRGINIA, INC. for a Conditional Use Permit for an automobile repair garage on the West side of Diamond Springs Road at its intersection with Northampton Boulevard (1321 Diamond Springs Road), containing 3.4 acres (BAYSIDE - DISTRICT 4). Recommendation: APPROVAL Application of VICTORY BAPTIST CHURCH for a Conditional Use Permit for a church and day care center on the West side of Indian River Road, 2,000 feet more or less South of Elbow Road, containing 10 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL o Application of the CHURCH OF THE HOLY FAMILY - FATHER RICHARD MOONEY for a Conditional Use Permit for a church (expansion) at the Southwest intersection of North Great Neck Road and First Colonial Road (1279 North Great Neck Road) containing 9.629 acres (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL o Application of HOME DEPOT U.S.A., INC. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District at the Southeast intersection of Princess Anne Road and Lynnhaven Parkway, containing 18.82 acres (CENTERVILLE - DISTRICT 1). Recommendation: DENIAL Application of WILLIAM R. HALL, JR. for a Variance to Section 4.4(b) of the Subdivision Ordinance, all newly created lots must meet all requirements of the City Zoning Ordinance (CZO), at 701 Whitehurst Landing Road re subdivision in R-10 Residential District (KEMPSVILLE - DISTRICT 2). Recommendation: DENIAL Petitions of THE CITY OF VIRGINIA BEACH, for the discontinuance, closure and abandonment of portions of the following (BEACH - DISTRICT 6): ao Virginia Place, beginning at the Eastern boundary of Washington Avenue and running Easterly 160.78 feet along the Northern property line, 40.41 feet along the Eastern property line, 155.04 feet along the Southern property line and 40 feet along the East side of Washington Avenue, containing 6,316 square feet. bo A 20-foot alley located between Virginia Beach Boulevard and 18th Street, beginning at the Western boundary of Cypress Avenue and running Westerly 200.07 feet, containing 3,997 square feet. Recommendation: APPROVAL 9. Applications of the CITY OF VIRGINIA BEACH: AMEND Section 115 of the City Code, charges for violations of the Chesapeake (Appendix F). ADDING civil penalties and civil Bay Preservation Area Ordinance bo AMEND Section 104 of the City Zoning Ordinance (CZO); and, ADD a new Section 217 establishing civil penalties re violation of certain ordinances regulating signs. Recommendation: APPROVAL K. APPOINTMENTS BUILD1NG CODE OF APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM (CSA At-Risk) COMMUNITY SERVICES BOARD Proposed (3 Year term) Reappointments: J. Henry McCoy, Jr. William Taylor Morrison Stanley Whitfield Sawyer Proposed CONSUMER Appointment: Martha J. McClees [In accordance with Virginia State Code, Section 37. !-195, information on the above proposed appointees is available in the Office of the City Clerk] FRANCIS LAND HOUSE BOARD OF GOVERNORS PARKS AND RECREATION COMMISSION PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER TRANSPORTATION DISTRICT COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT VIRGINIA BEACH CITY COUNCIL / SCHOOL BOARD 15 DECEMBER 1998 4:00 PM "FIVE YEAR FORECAST" BRIEFING TRAINING ROOM B - HUMAN RESOURCES BUILDING NO. 19 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) 12/03/98cmd AGENDA\I 2-08-98 www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 8, 1998 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS in the Council Conference Room, City Hall Building, on December 8, 1998, at 10:00 A.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms William W. Harrison, Jr. Barbara M. Henley [WA CHO VIA BANK BUSINESS] [ENTERED: 10:09 A.M..] [ENTERED: 10:07 A.M.] CITY MANAGER'S BRIEFING COX CABLE UPGRADE 1 O: O0 A.M. ITEM # 443 77 Dean Block, Director - Management Services, introduced Regina Martin, Operations Manager - Cox Communication. Mrs. Martin discussed the network upgrade, which will allow Cox to offer a number of new services and products to the citizens of Virginia Beach. Through the utilization of slides, Mrs. Martin presented information relative "The Winning Network ". This will consist of approximately 1900 miles of coaxial cable being upgraded. There will be 300 miles of additional fiber within the network and about 800 power suppliers and generators will be installed. Currently, Cox is at 500 megahertz within the system and this will be upgraded to 750 megahertz. This will allow the support of 81 channels. The new service of Cox Digital TV will be offered. 100 additional channels of choice will be offered customers. The coaxial upgrade will also assist in activating the reverse ban width and this will assist in supporting some of the new products as Cox at Home, the high speed lnternet service, as well as "impulse pay-for-view ". They will be able to push 2 buttons on their remote control and the movie will be there rather than calling an 800. The Fiber Deployment is a technology called "ring in ring"fiber The network will be a redundant network. Reliability is one of the key issues being focused upon in this new upgrade, particularly with the products that are being launched. If one of the fiber gets cut going in one direction, there will be a redundant fiber to be able to pick up that signal, so that the customer will not lose any of the services. This will result in a more reliable network. Virginia Beach will be divided in approximately 1,000 homes per area, and there will be approximately 245fiber optical receivers, which will service those homes. Eventually this network will allow the offering of residential telephone service. This service will be 100% digital, with superior reliability and voice quality. Cox employees will manage all phases of this project. Some of the new channels on the digital line-up will be the Golf Channel, ESPN News, CNN SI, HBO, CINEMAX and, SHOWTIME with additional screens. There will be a total of 8 channels of HBO, There would be an interactive guide which includes parental control options to block out any R rated programs or specific times of the days, the parents do not wish the children viewing TV. The service, "Cox at Home'; is a high speed Internet service. This service provides service 100 times faster than the normal telephone modems and superior high speed access to the Internet. The service is always there. You do not have to dial. There is no need for a second phone line. Customers will receive a letter two weeks in advance of the interruptions taking place. Cox will work in areas that affect large trunks (over 200 customers) between Midnight and 6:O0 A.M. Other splicing activity will occur during the day between 6:00 A.M. and 4:00 P.M.. This is explained in the letter. Mrs. Martin advised the rates for Cox Digital- $12.95 and Cox At Home- $29.95. There are no changes to the current rates, unless a customer is adding additional services. Technical Ambassadors are comprised of a group of Cox employees who visit the homes and discuss the services available. Cox is very excited about being able to offer this Multi-Million Dollar project. The high tech infrastructure can attract new businesses to the area. This is one of a few areas in the Country, which has this type of network. This is a good community investment, as it creates jobs in the area. Cox currently has 900 employees. Bruce Foulke, Project Supervisor, spoke relative the placement of power supplies and generators in the area. A 1 ~ minute video tapeprovided a briefprospective of the new services and equipment. Mr. Foulke advised all of the locations of the equipment will be installed on aerial poles for the power supplies as installed in the past. The generator units will aH be installed within City right-of-way. Aesthetics is a major concern regarding the location. Approximately a 55 to 60 decibel noise level will emit from the 800 generators. The noise level changes depending upon the actual load on the generator itself. If there is a heavy load on the generator, the noise level will be slightly louder. Cox attempts to design same so the load stays balanced. The unit is set up only to come on if there is a total loss of commercial power that is not supplied by the City's battery backups in the power supplies and then the generator would kick on and run for the appropriate amount of time until the commercial power is restored. Then, it would automatically cut off For the maintenance portion of the generator itself, it is programmed to come on once a month for several minutes just to go through the operation cycle to insure that the batteries are charged and that the unit is still operating and then again it automatically shuts off. Mrs. Martin advised contact is made with the customer. A similar project is now being completed in Chesapeake. The Cox at Home is $29.95 per month and then $15.00 for rental of the cable modem. December 8, 1998 $ CITY MANAGER'S BRIEFING COX CABLE UPGRADE 1 O: O0 A.M. ITEM # 44377 (Continued) Thomas A. Prevette, Vice President - Government Affairs, advised Cox is currently a certificated telephone company approved by the State Corporation Commission. The citizens phone bills are regulated at the State level. The City and the Council Members would not have jurisdiction over that. It wouM be a regulated service like Bell Atlantic's tariffs. The Council Members would not have to deal with customer issues relative telephone service. The high speed Internet access service is an unregulated optional service, which customers elect to buy. The basic cable rates and the expanded cable rates are the issues that the City historically had some management authority over as far as use of the rights-of-way. Although, the City, as the franchising authority the majority of time, receives the telephone complaints about the change in rates, the FCC currently regulates the expanded service rates. Mr. Prevette works with David Bradley on the City Staff. As complaints are received, the FCC has a review of the rates which Cox establishes. Based on a fairly detailed formula, the FCC either approves or denies those expanded basic rate charges. The physical infrastructure Cox is having built is one cable that accommodates all of the various services. Mrs. Martin advised currently Cox provides franchise fees (approximately 5%) for the utilization of the right-of-ways. Some of the infrastructure in the right-of-ways at the present time will be removed i.e. current power supplies, as they will not be in the location needed to support the new system. Mr. Prevette advised currently Cox is paying 5% of their gross receipts on all of the analog cable service and will continue to do this. 5 % on any of the revenue growth of Digital television will be paid to the City. Cox will be paying 5% of the revenues of "Cox At Home". The only item which would be managed in a different fashion is residential and commercial telephone service, as it is a State Corporation Commission related entity. Starting in January 1999, citizens and subscribers will be given access to these new services on a neighborhood-by-neighborhood basis. Overall this entails almost a whole neighborhood construction process. The City Manager advised the City will coordinate with Cox on the placement of the infrastructure within the right-of-way through the normal permitting process. The City Manager advised relative the telephone lines, the VML compromised with the General Assembly to charge for the utilization of rights-of-way and Virginia Beach's share will be approximately $2-MILLION per year. Assistant City Attorney Bill Macali advised KMC Telecom of Virginia is operating a fiber optic network system, which is a backbone system and designed to serve certain areas of the City. KMC is going after the business community. They do not find residential to be profitable. Mr. Foulke referenced the formula regarding the number of generators required per neighborhood: 4power supplies in a mile's worth of design. The mileage of l, 000 homes can vary. It depends on the density of this particular area. Typically this would encompass 2, perhaps 3 power supplies per 1,000 homes. Mrs. Martin advised Cox will work with the community relative landscaping and location. Ifa household wishes to remain on basic Cox cable and retain its present telephone system, they have this option. Cox will take responsibility for the repair of the generator boxes. The City Manager advised this will be a major economic development advantage for the community. Mrs. Martin advised a schedule of neighborhood installation will be provided to City Staff. December 8, 1998 CITY MANAGER'S BRIEFING IN TOUCH WITH VIRGINIA BEACH 10:58 A.M. ITEM # 443 78 Gwen Cowart, Director - Video Services, advised the In Touch with Virginia Beach information will be launched with a new format and new appearance starting December 14, 1998. The existing In Touch with Virginia Beach interactive information system operates on a computer platform that is no longer manufactured or supported (Amiga). The system hardware has exhibited frequent problems and is no longer reliable. Amiga went bankrupt. Ms. Cowart distributed information, which is hereby made a part of the record. Through the utilization of screens, Mrs. Cowart displayed the new system. The new system has multiple enhancements over the previous system Higher image resolution and quality Supports playback of information at scheduled items Supports display of digital photographs Supports display of digital video clips PC Platform based Compatible with other graphic work, processing and video production systems operated by Video Services The new system will not be interactive. There are currently no proven products on the market that support the call-in function that was present with the old Amiga system. However, the new system has a feature not previously available. The system allows Video Services to schedule specific types of information at specific times of the day. INFORMATION AIRING DAIL Y AT SCHEDULED TIMES HAPPENINGS VB CPS INFORMATION JOIN OUR TEAM SCHOOL MENUS ENRICHMENT VBTV SCHEDULE CRIME AND CRISIS PUBLIC NOTICES 10:00 & 11:00 P.M. 8:30 AM & 8:00 P.M. 7:00 AM & 9:30 PM 6:00 AM & 7:00 PM 11:00 AM & 5:00 PM 12:00 PM & 6:00 PM 1:00 PM & 1:00 AM 2:00 PM & 12:00 AM INFORMATION AIRING BETWEEN SCHEDULED CATEGORIES YOUR GOVERNMENT YOUR CITY LEADERS GRIPES AND GRUMBLINGS CONSUMER NEWS WATER CONSERVATION (future) EMERGENCY PREPAREDNESS PERMITS (future) MEETINGS RECYCLING MUSEUMS Mayor Oberndorf advised Kevin Farley videotaped the welcoming of the new FA-18's at Oceana Naval Air Station. He brought his grandfather, 92 years of ago, who was the first Commanding Officer of Oceana. December 8, 1998 CITY MANAGER'S BRIEFING FY 1997-1998 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND AUDIT 11:00A.M. ITEM # 44379 Mayor Oberndorf recognized Patricia Phillips, Director of Finance. The City Council took great pride in her being selected to travel to Spain to participate in the World lnternational Conference on Finance, at no cost to the taxpayers. Mrs. Phillips said she acquired a deeper appreciation for the financial policies in Virginia Beach and was able to relate these policies to the other represented cities. While she was attending this Conference, the Hurricane hit Central America. Many of these representatives were unable to return to their homes right away. Mrs. Phillips advised recently, the firm of KPMG Peat Marwick completed the audit of the City's financial records for the year ended June 30, 1998. Once again, the Auditors have given the City an unqualified opinion (clean opinion) on its financial presentation and record keeping, In general the comments received from the Auditor were favorable. This is an update from last September with no major changes. Copies of the Comprehensive Annual Financial Report (CAFR) were distributed to City Council. Mrs. Phillips recognized Mrs. Elizabeth Foster and Steve Burwell, Partners with Peat Marwick, Beth Meinen - Manager and Dina M. Frech, Senior Auditor- Peat Marwick. Mrs. Phillips expressed appreciation to Robert Hayes - Comptroller, who led the effort to compile the CAFR, Don Barnett- Deputy Comptroller, Richard Lester- Principal Accountant, Morris Freelon, Linda Harris, Arlene Nay, Patricia Porter, Trudy Rogers; and, Tony Valentine, Mrs. Phillips also wished to thank Tina DiSalvo from PIO for her assistance regarding the transmittal letter, Robert Matthias and Paul Harris for their assistance regarding the Economic section of the report. Mrs. Phillips recognized Joanne Griggs and her staff for their work during the Audit Mrs. Griggs ' staff enables more coverage during the audit process and as a result the bill is a little lower. Beginning with Fiscal Year 1994, the City was required to implement Government Accounting Standards Boad (GASB) Statement 14, "The Financial Reporting Entity ". This statement established criteria for determining which organization shouM be included in the City's reporting entity. The identification of the reporting entity was built around the concept of financial accountability. Two organizations for which the City is considered to have financial accountability are the Virginia Beach Development Authority and the Virginia Beach Community Development Corporation. Both organizations are included in this year's CAFR. Mrs. Phillips advised the Funds and Account Groups: Governmental Fund Types: General Fund Special Revenue Funds (40) Debt Service Fund, Capital Projects Funds (2) Proprietary Fund Types: Enterprise Funds: (5), Internal Service Funds: (lo) Fiduciary Fund Type: Trust and Agency Funds: Expendable Trust Funds (18), Agency Funds (7). Account Groups: General Fixed Assets and General Long-Term Debt. COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS June 30, 1998 with comparative totals for the year ended June 30 1997 ASSETS Cash and Investments Receivables (All Sources -NeO Inventories Other Fixed Assets & Construction in Progress Amount to be Provided for Retirement of General Long-Term Debt TOTAL ASSETS LIABILITIES AND EQUITY Total Liabilities (Including Bonded DebO Total Equity and Other Credits TO TAL LIABILITIES AND EQUITY AND OTHER CREDITS 1998 $ 355,86~281 10~423,953 23,53~583 3~848,709 2,128,173,177 552, 552, 556 $ 3,198r398~259 85~498.625 2.322.899.634 $ 3~198~398~259 1997 $ 414,489,466 88,978,068 25,282,450 28,254,392 1,980,843,095 534,970,440 $ 3tO72rS17tgll 896. 263. 038 2,176.554.873 $ 3~072~817~911 December 8, 1998 Video Services Department In Touch with Virginia Beach Information Display System Briefing to City Council December 8, 1998 Vi~eo ,~e~vices Del0ar~ment In Touc~ wlt~ Vir~n½a Beac~ Histo~: The existing In Touch with Virginia Beach interactive information system operates on a computer platform that is no longer manufactured or supported (Amiga). The system haxdwaxe has exhibited frequent problems and is no longer reliable. Current Status: The In Touch with Virginia Beach information system will be launched with a new format and new appearance starting December 14, 1998. The new system will not be interactive. There are currently no proven products on the market that support the call-in function that was present with the old Amiga system. The new system has multiple eulxancements over the previous system: 0 Higher image resolution and quality Supports playback of information at scheduled times 0 Supports display of digital photographs Supports display of digital video clips O PC Platform based Compatible with other graphic, word processing and video production systems operated by Video Services The new format has been designed to reflect the "Vixginia Beach - Communi~ For A Lifetime" theme. Information categories with date dependent, fi:equentiy changing information will play daily at scheduled times, allowing viewers with an interest in specific topics to tune in at a regular time to view the information. Video Services Department In Touch with Virginia Beach Information Airing Daily at Scheduled Times: HAPPENINGS 10:00 AM & 11:00 PM Event information about city and school happenings arranged in groupings of Adults/Seniors, Family, Preschoolers, Children and Teens, and Other. VBCPS INFORMATION 8:30 AM & 8:00 PM General information, School Board member hstings, important phone numbers and addresses, events, and lunch menus. JOIN OUR TEAM 7:00 AM & 9:30 PM City paid positions, city volunteer positions, school paid positions, school volunteers, internships, personnel offices' hours - locations - phone numbers - services. SCHOOL MENUS 6:00 AM & 7:00 PM Breakfast and lunch menus for elementary, middle and high school. ENRICHMENT 11:00 AM & 5:00 PM Classes and enrichment opportunities offered by city and school agencies arranged in groupings of Adults/Seniors, Family, Preschoolers, Children and Teens, and Other. VBTV SCHEDULE 12:00 PM & 6:00 PM Listings of the daily program schedules for VBTV 46, 47 and 48. CRIME AND CRISIS 1:00 PM f¢ 1:00 AM Crisis intervention information and phone numbers. In the near future crime prevention information, wanted persons reports and missing children reports will be added to this section. PUBLIC NOTICES 2:00 PM & 12:00 AM Street closures, waste container safety information, Sheriff's sales notices, recalls, water main shut downs, building dedications, etc. Vic~ Services Department In Touch with Virginia Beach Information Airing Between Scheduled Categories: YOUR GOVERNMENT General information such as phone numbers, addresses, and services provided by the various departments and divisions of government organized primarily around the city's business areas: Economic Vitah~: Agriculture, Convention and Visitor Development, Economic Development, and Housing and Neighborhood Preservation ~afe .Communi~: Commonwealth Attorney, Community Corrections, Courts and Cou~t Support, Emergency Medical Se~ces, Fire, Pohce, Sheriff. O_uality Physical Environment: Planning and Community Development, Pubhc Utilities, Pubhc Works. Cultural and Recreational O~_ ?ortunities: Museums and Cultural Arts, Parks and Recreation. ~uali~ Education for Lifelong Learning: VBCPS, Public Libraries. Strengthening Families: Public Health, Mental Health/Mental Retardation/Substance Abuse, Social Senrices. Pohcv and Decision Su_n_vort: City Council, City Clerk, City Manager, General Registrar, City A~orney, Management Services, Public Information, Volunteer Council. Qp~r~tional Su_~?ort: Real Estate Assessor, Treasurer, Commissioner of the Revenue, Finance, General Services, Human Resources, Information Technology, Video Services. YOUR CITY LEADERS City Council Members, School Board Members, (future)List of Boards and Commissions. GRIPES AND GRUMBLINGS (Future) Complaint assistance information in areas such as housing code violations, graffiti, junk, trash, animals, signs, parking, overgrown areas, fences, etc. CONSUMER NEWS Hazardous product recalls, consumer information, pamphlet library, Commonwealth Attorney's Consumer Affairs office information. ~ATER CONSERVATION (Future) General information about water conservation, water saving tips, water wise gardening, and watering tips. EMERGENCY PREPAREDNESS Emergency preparation information, shelter and sheltering information, explanations of kurricane conditions, watches, and warnings, and other seasonal weather emergency information. PERMITS (Future) Detailed information about permits, inspections and special permitting. MEETINGS Listing of dates, times, contact information and location for public meetings. RECYCLING (Future) General information about recycling, large item pickup, and yard waste. MUSEUMS Information about hours of operation, programs and activities at Virginia Beach museums. -6- CITY MANAGER'S BRIEFING FY 1997-1998 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND AUDIT ITEM # 443 79 (Continued) GENERAL FUND COMPARISON OF BUDGET TO ACTUAL (MILLIONS) FY1997-98 Revenues Expenditures & Net Transfers Budgeted $ 532.8 $ 573.0 Actual $ 537.9 $ 547. 7 Difference $ 5.1 $ 25.3 Percentage Difference 1.0% 4. 6% Mrs. Phillips reminded City Council 60% of the revenues were generated at the local level This trend has remained constant for quite a number of years. Over one-third of local revenues were generated from Personal Property or Real Estate Tax. This represents a 5.5% increase from FY 1997. Other local taxes are also significant and will include the General Sales Tax, Hotel and Meal tax, Utility tax, Business License increased 5.9% this year. The General Fund Balance is probably the single most important indicator for City Council: UNDESIGNATED GENERAL FUND BALANCE June 30, 1998 (IN MILLIONS) Total Fund Balance at June 30, 1998 Less: Reservations and Designations Encumbrances and Carry Forwards Loans, Prepaids Y2K Reservation City CIP- 1998-99 School CIP & Textbook Fund (School Reversion) School Reserve Fund per Revenue Sharing Policy Undesignated Fund Balance Less: Fund Balance Policy - 82.5% Amount above Policy (excludes Gainsharing and Other) 3.3 8.4 1.4 6.3 15.2 1.0 $97.7 35.6 $62.1 56. 7 $ 5.4 The General Fund Balance is 11.5% of the Revenues. This is slightly less than in the recent past, but very much align with a City the size of Virginia Beach, a very healthy fund balance. SCHOOL OPERA TING FUND STATEMENT OF REVENUES, EXPENDITURES AND ENCUMBRANCES FOR THE YEAR ENDED JUNE 30, 1998 BUDGET ACTUAL VARIANCE REVENUES CITY $ 182.2 $ 167.0 $ (15.2)* LOCAL 1.9 3.2 1.3 COMMONWEALTH 218.9 219.2 0.3 FEDERAL GOVERNMENT 8.0 12.5 4.5 TOTAL REVENUES $ 411.0 $ 401.9 $ (9.1) EXPENDITURES: INSTRUCTION $ 344.0 $ 329.6 $ 14.4 ADMIN1STRA TION. 12.8 11.7 1.1 ATTENDANCE & HEALTH PUBLIC TRANSPORTATION 17. 0 15. 7 1.3 OPERA TIONS & 44.6 39. 9 4. 7 MAINTENANCE TOTALEXPENDITURESAND $ 418.4 $ 396.9 $ 21.5 ENCUMBRANCES *Reversion Amount December 8, 1998 -7- CITY M,4NA GER 'S BRIEFING FY 199 7-1998 COMPREHENSIVE ,4NNU,4L FIN,4NCL4L REPORT (C,4FR) ,4ND ,4 UDIT ITEM # 443 79 (Continued) Relative the Tourism Growth Investment Special Revenue, the total revenues were $11,088,962 with Expenditures and Transfers to other Capital Funds totaling over $11-MILLION. Therefore, the fund balance at year end was approximately $3.7-MILLION. This fund has ongoing future debt service needs. Water and Sewer resulted in an increase in retained earnings of $8.7-MILLION. $999.-MILLION was expended in 1998. The total expenditures for Schools was $493.5-MILLION when debt service was included. This number does not include the re-appropriation of the reversion. Mrs. Phillips displayed a graph entitled "Outstanding Debt by Purpose - June 30, 1998". The total out standing debt was $656,349,778 Water and Sewer 12.9 %. Schools 39.0% General Government 42. 7% Other Long-Term Obligations 5.4% Overall Net Debt Per Capita $1,295 General Property Tax Revenue increased 5.5% this year and 4.5% the prior year. The General Sales Tax Revenue was $35-MILLION in Fiscal Year 1998, which was a 3.3% increase over the prior year. Business License Revenue has been almost $24-MILLION in Fiscal Year 1998, only a 2% growth this past year, as opposed to an 8% growth in they ear before. The Hotel Room Tax Revenues comprise approximately $10. 4- MILLION and grew about 6% this year. There was a 12% increase between 1996 and 1997. The Restaurant Meal Tax revenue is approximately $22-MILLION, an increase of 6. 6% this past year. Mrs. Phillips displayed the four debt affordability indicators, the policy levels adopted by City Council: Overall Net Debt to Estimated Full Value Overall Net Debt Per Capita ,4nnual Debt Service to General Governmental Expenditures Overall Net Debt Per Capital to Per Capita Personal Income 2.9% 1,295 9.5% 5.3% The Bond Rating for the City is Double AA by Moodys and AA by Standard and Poors. December 8, 1998 CITY MANAGER'S PRESENTATION TTD C LEGISLATIVE PA CKA GE 11:28 A.M. ITEM # 44380 Council Lady Henley advised at the last Tidewater Transportation District Commission meeting, the TTDC/TRTLegislative Package was DEFERRED until December 9, 1998. Council Lady Henley referenced the Peninsula Transportation District Commission/Tidewater Transportation District Commission 1999 General Assembly Legislative Priorities. Council Lady Henley referenced correspondence from Senator Stolle requesting City Council to begin to examine early designated funding areas specifically relative the question of light rail. TRT is expecting one-half to come from the Federal Government, one-third from the State and the remainder from localities. Senator Stolle did not see this as a reality. Council Lady Henley referenced the third item on the second page of the TTDC Legislative Package, which mentions an appropriation from the State which demonstrated Federal support for the light rail package: The TTDC AND PTDC urge the General Assembly to support the Norfolk Virginia Beach Light Rail Transit Project (LRT) and the CSX Corridor Project. The recent passage of the Transportation Equity Act for the 21st Century (TEA 21) demonstrated Federal support for both projects by including language authorizing the Norfolk- Virginia Beach LRT into final design and construction and the CSXproject into alternatives analysis and preliminary engineering. An $8-MILLION earmark was also provided for the Norfolk- Virginia Beach LRTin the Omnibus Budget Bill for Fiscal Year 1999. An appropriation from the State in fiscal year 2000 is necessary to demonstrate continued support from the project. Mrs. Henley advised the first two items on this page relate to a designated funding source for transit in general: The TTDC and PTDC strongly support any legislative initiative that would create a stable source of local funding for transportation improvements through the ability to raise local revenues. Without such dedicated funding the cities in Hampton Roads will continue to be placed under pressure to increase revenue sources. As has been discovered through hearings of the Commission on the Future of Virginia Cities, there is a tremendous need for additional support of public works projects and the ability to raise transportation funds at the local level will alleviate some of the pressure placed on Localities' General Funds. Both the TTDC and PTDC support similar regional and statewide initiatives. The TTDC and PTDC support the creation of a Major Capital Investment Fund for the State's funding match of major transit capital projects. With projects such as the Norfolk- Virginia Beach Light Rail, the CSX Corridor, and the Dulles Corridor Enhanced Bus and Light Rail expected to soon begin construction, it will be necessary for the state to invest a significant amount of funding to match federal and local contributions. General fund monies have been used in the past for this purpose, but as funding requirements increase a more substantial reserve of money will be needed. The TTDC and PTDC do not support the use of existing transit funds for this purpose and urge the Secretary of Transportation and the Administration to identify new money for the creation of this fund. Noelle Brown, Government and Community Relations Manager for PENTRAN, TRT identified Item #1 is simply a support statement to the findings the Commission made in its Interim report which was published in 1997, which recognizes the shortfall of funding for transportation both highway and transit and recommended the General Assembly increase funding through State funds allowing localities the ability to raise revenues via Referendum, not being imposed by the State. This is just a support statement and does not have anything to do with light rail. December 8, 1998 -9- CITY MANAGER'S PRESENTATION TTDC LEGISLATIVE PACKAGE ITEM # 44380 (Continued) The General Assembly should recognize the progressive recommendations contained in the Interim Report of the Commission on the Future of Transportation in Virginia, including: Maintaining the current six-year program levels for public transff service. Replacing transit vehicles and facilities on useful life schedules Accommodating currently planned transit expansions. Continuing light rail transit projects and expanding the Norfolk- Virginia Beach Light Rail project to Chesapeake and Portsmouth. Providing regional transit services in all metropolitan areas and establishing rural transit services to meet the needs of Welfare Reform. Item No. 2, with regard to the CEMAC funds, in the Code of Virginia, there is a provision to allow the State to match up to 95% of the local match requirement. Recently this has dropped to approximately 26%. This is not for light rail. This is for bus projects and major capital purchases. Delegate Crittenden of Newport News wouM like to introduce a Bill or Resolution that wouM urge the General Assembly to recognize the Code of Virginia and fund 95% of the local match. The last item, which is for light rail and the CSX Corridor, is vague because TTDC does not know what they are going to ask of the General Assembly. It is just requesting their continued support. There are two Lobbyist. TRT has not made a formal request to the General Assembly for another $10-MILLION. However the need is anticipated to be $10-MILLION. Mrs. Brown will provide City Council information relative what the $10-MILLION cost would entail. Mrs. Brown apologized and advised she did not have the most recent copy of the Legislative Priorities and was looking at an older version. Mrs. Brown will be pleased to work on this document with the City Council relative concerns. There is a merger taking place between TRT and PENTRAN and this is even before the City approves a Memorandum of Intent, which is the preliminary document to this type of event. Responses will be provided relative Senator Stolle ' s letter regarding which percentages of ultimate funding are going to be expected from localities, State and Federal. There seems to be a difference of opinion. Senator Stolle is adamant about the percentage not increasing. City Council expressed concerns relative these funds. A response is required to the City Manager's questions. Meetings have been scheduled with the Chairman, Mr. Townes. All issues should be addressed at that time. Councilman Weeks will vote "NO" relative the TTDC LEGISLATIVE PACKAGE at the December 9, 1998, TTDC COMMISSION Meeting. The City Council will provide a statement for Councilman Weeks. December 8, 1998 -IO- AGENDA RE VIE W SESSION ll:52 A.M. ITEM # 44381 1.5. b. ENCROACHMENT: Into a portion of City-owned property at 4804 Ocean Front Avenue by Ramon, Jr. and Deborah A. Breeden re construction and maintenance of an in-ground swimming pool and decking (BEACH- DISTRICT Councilman Branch received correspondence from Attorney Harry R. Purkey, Jr., requesting DEFERRAL. Councilman Branch wishes to confer with the applicant and city staff relative this application. Councilman Harrison will ABSTAIN as his law firm represents the applicant. Councilman Branch advised it is understand there will be no construction at the site during the deferral period and that it will remain in its natural state. ITEM # 44382 Councilman Weeks referenced a Resolution, which he wished to ADD to the Agenda relative expenditures concerning the Light Rail Project and the proposed merger of Tidewater Transportation District Commission and the Peninsula Transportation District Commission. ITEM # 44383 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES/RESOL UTION Ordinance to issue General Obligation Bonds in the maximum amount of $3.5 Million re Schools, Roadways, Buildings, Coastal/Parks & Recreation/Economic/Tourism Projects. 1.2. Ordinance to declare 6,216square feet EXCESS PROPERTY at 4768 Hook Lane, Beechwood Subdivision; and, authorize the City Manager donate the same, in the name of the City, to the Virginia Beach Community Development Corporation, a non- profit organization (BA YSIDE - DISTRICT 4). L. 3. Ordinance to AMEND Section 6-123 of the City Code re rental of personal watercraft during dangerous water conditions. 1.4. Ordinances re Department of Housing and Neighborhood Preservation: ao APPROPRIATE $121,699from FY1997-1998 income to the FY 1998-1999 Operating Budget of the Department's Loan and Grant Fund re use in the Lake Edward/Plaza Rehabilitation Program; and, increase estimated revenues accordingly. Authorize the City Manager to execute contracts with the Judeo- Christian Outreach Center, Inc. re remodeling of the Blumenthal Schor Education Center and the acquisition of a Youth Shelter; and, APPROPRIATE $100,000 from the Community Development Special Revenue Fund to the Department's 1998-1999 budget refunding of these contracts. December 8, 1998 -ll- AGENDA RE VIE W SESSION ITEM # 44383 (Continued) ACCEPT and APPROPRIATE $2,525 in donations from Samaritan House, Vetshouse and the Judeo-Christian Outreach Center to the Department re support of the Homeless Resource Network; and, increase estimated revenues accordingly. Establish the Department's Optional Relocation and the Reconstruction Programs; and, TRANSFER $307,436 within the Department's FY 1998-1999 Operating Budget refunding these programs. 1. 5. ENCROACHMENTS: ao Into a portion of City-owned right-of-way known as Virginia Beach Boulevard at Riddle Avenue by Judeo-Christian Outreach Center, Inc. re establishment ora dry pond (BMP) for on-site retention of stormwater (BEACH- DISTRICT 6). Into a portion of City-owned property at 4804 Ocean Front Avenue by Ramon, Jr. and Deborah A. Breeden re construction and maintenance of an in-ground swimming pool and decking (BEACH- DISTRICT 6). 1.6. Ordinance to authorize the City Manager to lease City Property, not to exceed twelve (12) months at 4560 Bonney Road to the Virginia Beach Development Authority (ROSE HALL - DISTRICT 3). 1.7. Resolution re approve issuance of the Peninsula Ports Authority of Virginia Health System Revenue Refunding Bonds, Series 1998: Riverside Health System Project $62,000,000 1.8. License Refunds: $14,468.15 Item L 5.b. will be DEFERRED, BY CONSENT. Councilman Harrison will ABSTAIN. December 8, 1998 - 12- AGENDA RE VIE W SESSION ITEM # 44384 J. 1. Applications re Providence Road and Old Princess Anne Road (KEMPSVILLE - DISTRICT2): RICHARD KR~HENBILL, JR. and REAL INVESTMENTS, INC., for the discontinuance, closure and abandonment of a portion of unimproved Providence Road , beginning at the Western boundary of Old Princess Anne Road and running Easterly 399.10 feet along the Northern boundary of Providence Road, containing 20,526 square feet REAL INVESTMENTS, INC., a Virginia Corporation, for a Change of Zoning District Classification from R- 10 Residential District to Conditional R-7.5 Residential District at the Northwest intersection of Old Princess Anne Road and Providence Road (4509 OM Princess Anne Road), containing3.4 acres Assistant City Attorney Macali has requested these applications be DEFERRED until the City Council Session of January 12, 1999, as certain features of the plat would be changed which comes as a result of the exchange of City property for the property the applicant now owns. Council Lady Parker referenced her concern relative the indication Lot No. 9 might be needed for City Property, as a road is being reconstructed. Assistant City Attorney Macali advised this is the reason for the change to address this concern. ITEM # 44385 ,1.3. Application of EARL SCHEIB OF VIRGINIA, INC. for a Conditional Use Permit. for an automobile repair garage on the West side of Diamond Springs Road at its intersection with Northampton Boulevard (1321 Diamond Springs Road), containing 3.4 acres (BA YSIDE - DISTRICT 4). Councilman Jones requested this be discussed in Executive Session. ITEM # 44386 J. 6. Application of HOME DEPOT U.S.A., INC. for a Change o_f Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District at the Southeast intersection of Princess Anne Road and Lynnhaven Parkway, containing 18.82 acres (CENTER VILLE- DISTRICT 0 Council Members advised after meeting with the Mayor, the applicant wishes to DEFER this application. ITEM # 4438 7 Application of WILLIAM R. HALL, JR. for a Variance to Section 4.4(b) of the Subdivision Ordinance, all newly created lots must meet all requirements of the City Zoning Ordinance (CZO), at 701 Whitehurst Landing Road re subdivision in R-lO Residential District (KEMPSVILLE- DISTRICT 2). This item will be discussed during the Formal Session as there seems to be confusion relative whether the applicant wishes to DEFER or be heard. December 8, 1998 - 13- AGENDA RE VIE W SESSION ITEM # 44388 1.8. Petitions of THE CITY OF VIRGINIA BEACH, for the discontinuance, closure and abandonment of portions of the following (BEACH- DISTRICT 6): ao Virginia Place, beginning at the Eastern boundary of Washington Avenue and running Easterly 160. 78feet along the Northern property line, 40.41 feet along the Eastern property line, 155. 04feet along the Southern property line and 40 feet along the East side of Washington Avenue, containing 6, 316 square feet. bo A 20-foot alley located between Virginia Beach Boulevard and 18th Street, beginning at the Western boundary of Cypress Avenue and running Westerly 200.07 feet, containing 3, 99 7 square feet The City Attorney advised the applications need to be DEFERRED until the City Council Session of January 12, 1998, to provide the appropriate ordinances. In implementing the new procedure, the ordinances have not been drafted. ITEM # 44389 B Y CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA. d. 1. Applications re Providence Road and Old Princess Anne Road (KEMPSVILLE - DISTRICT2): RICHARD ILRAHENBILL, JR. and REAL INVESTMENTS, INC., for the discontinuance, closure and abandonment of a portion of unimproved Providence Road, beginning at the Western boundary of Old Princess Anne Road and running Easterly 399.10 feet along the Northern boundary of Providence Road, containing 20,526 square feet REAL INVESTMENTS, INC., a Virginia Corporation, for a Change of Zoning District Classification from R-10 Residential District to Conditional R-7.5 Residential District at the Northwest intersection of OM Princess Anne Road and Providence Road (4509 Old Princess Anne Road), containing 3.4 acres Application of LARRYMEYERS for an Amendment to the Green Run Land Use Plan to allow an automobile repair facilit~ (All Tune & Lube) on the West side of Lynnhaven Parkway, North of Princess Anne Road, (1943 Lynnhaven Parkway), containing 29, 098 square feet (ROSE HALL - DISTRICT 3). Application of VICTORY BAPTIST CHURCH fora Conditional Use Permit for a church and daf care center on the West side of Indian River Road, 2, O00 feet more or less South of Elbow Road, containing 10 acres (PRINCESS ANNE- DISTRICT 7). Application of the CHURCH OF THE HOLY FAMILY- FA THER RICHARD MOONEY for a Conditional Use Permit for a church (expansion) at the Southwest intersection of North Great Neck Road and First Colonial Road (1279 North Great Neck Road) containing 9. 629 acres (L YNNHA VEN- DISTRICT 5). December 8, 1998 - 14- AGENDA RE VIE W SESSION ITEM it 44389 (Continued) Petitions of THE CITY OF VIRGINIA BEACH, for the discontinuance, closure and abandonment of portions of the following (BEACH- DISTRICT 6): ao Virginia Place, beginning at the Eastern boundary of Washington Avenue and running Easterly 160. 78feet along the Northern property line, 40.41 feet along the Eastern property line, 155.04 feet along the Southern property line and 40feet along the East side of Washington Avenue, containing 6,316 square feet. bo A 20-foot alley located between Virginia Beach Boulevard and 18th Street, beginning at the Western boundary of Cypress Avenue and running Westerly 200.07 feet, containing 3,997 square feet. J. 9. Applications of the CITY OF VIRGINIA BEACH: ao AMEND Section 115 of the City Code, ADDING civil penalties and civil charges for violations of the Chesapeake Bay Preservation Area Ordinance (Appendix F). AMEND Section 104 of the City Zoning Ordinance (CZO) ; and, ADD a new Section 217 establishing civil penalties re violation of certain ordinances regulating signs. Item J. 1. will be DEFERRED, BY CONSENT, until the City Council Session of January 12, 1999. Item J. 8 will be DEFERRED, BY CONSENT, until the City Council Session of January 12, 1999. December 8, 1998 -15- CITY COUNCIL COMENTS 12:03 P.M. ITEM # 44390 Councilman Harrison advised at the December 1, 1998, City Council Session he referenced Richard Welton, Executive Director- Coastal Conservation Association of Virginia, requested City Council's support for the inclusion of Virginia's ocean waters in the salt water license program. The Northampton County Board of Supervisors on November 18, 1998, ADOPTED a similar resolution supporting the inclusion of their seaside waters in the license program. Councilman Harrison advised a list of benefits accompanied the request. The funds raised from the salt water license is used for education and other programs like the Virginia Salt Water Fishing Tournamena There is already in existence a licensing procedure for salt water fishing in the Chesapeake Bay. Maryland and Virginia are attempting to extend this to the offshore waters. Councilman Harrison requested the City Attorney prepare a Resolution for the City Council Session of January 5, 1998. ITEM # 44391 Mayor Oberndorf referenced Arnold Palmer will be arriving in approximately 5 minutes. Invitations have been extended to all Members of City Council to attend and Mayor Oberndorf has been requested to welcome him to the City. Arnold Palmer, at the Custom Pavilion at Indian River Plantation, will present plans for an Arnold Palmer Signature Golf Course and an active adult community to be developed in Virginia Beach. Any Council Members who may wish to attend are sincerely welcome. City Council will RECESS and then return to the Informal City Council Session. December 8, 1998 -16- ITEM # 44392 Mayor Meyera E. Oberndorf called to order the INFORdffAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, December 8, 1998, at 12:58 P.M. Councilman Weeks introduced David Crane, Senior at Kempsville High School, who will observe the City Council Session. Mr. Crane hopes to major in political science and will assist Councilman Weeks. Council Members Present: Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Linwood O. Branch, III and Vice Mayor William D. Sessoms, Jr. December 8, 1998 -17- ITEM # 44393 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Boards and Commissions: Building Code of Appeals Chesapeake Bay Preservation Area Board Community Policy and Management Team Community Services Board Francis Land House Board of Governors Parks and Recreation Commission Pendleton Project Management Board Planning Commission Resort Area Advisory Commission Tidewater Transportation District Commission LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To- Wit: Zoning Application - Earl Scheib PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit: Agricultural Reserve Program - Princess Anne District Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Margaret L. Eure, Harold Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Vice Mayor William D. Sessoms, Jr. December 8, 1998 - 18- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL December 8, 1998 2:30 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 8, 1998, at 2:30 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. INVOCATION: The Reverend Paul C. Bailey, D.D. Virginia Beach United Methodist Church Mayor Oberndorf expressed appreciation to the Reverend Bailey for his housing the juveniles guilty of curfew violations in his church. The parents can pick their children up from the church rather than a police station. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 8, 1998 Item V-E. - 19- CERTIFICATION OF EXECUTIVE SESSION ITEM # 44394 Upon motion by Council Lady Eure, seconded by Council Lady Henley, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 44393, Page 17, 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 Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. l~uth Hodges Smith, CMC/AAE City Clerk December 8, 1998 - 20- Item V-F. 1. MINUTES ITEM # 44395 Upon motion by Councilman Heischober, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 1, 1998. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. 34. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-G. - 21 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 44396 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 8, 1998 Item V-H.I. - 22 - PUBLIC HEARING ITEM # 44397 Mayor Oberndorf DECLARED A PUBLIC HEARING: GENERAL OBLIGATION BOND ISSUANCE $3.5 Million CIP for Schools, Roadways, Buildings, Coastal/Parks & Recreation/Economic/Tourism Projects There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 8, 1998 Item V-H.2. - 23 - PUBLIC HEARING ITEM # 44398 Mayor Oberndorf DECL,4RED A PUBLIC HEARING: EXCESS CITY REAL ESTATE PROPERTY- Hook Lane, Beechwood (BAYSIDE- DISTRICT 4) There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 8, 1998 Item V-I. - 24 - ORDINANCES/RESOL UTION ITEM # 44399 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, 1, Z 3, 4, 5a/Sb(DEFER 1/12/98), 6, 7 and 8. Item 5b was DEFERRED, BY CONSENT, until the City Council Session of January 12, 1999. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. Councilman Harrison VERBALLY ABSTAINED on Item 5. b. December 8, 1998 Item V-ti. - 25 - ORDINANCES/RE$OL UTION ITEM # 44400 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to issue General Obligation Bonds in the maximum amount of $3.5 Million for CIP re Schools, Roadways, Buildings, Coastal/Parks & Recreation/Economic/Tourism Projects. Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 34. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 1 2 3 4 AN ORDINANCE AUTHORIZING THE ISSUANCE OF ADDITIONAL GENERAL OBLIGATION BONDS IN THE MAXIMUM AMOUNT OF $3,500,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL IMPROVEMENTS 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, on May 12, 1998, as part of the Capital Improvement Program, City Council authorized the issuance of general obligation bonds in the maximum amount of $53,800,000 for various public improvement facilities and general improvements; WHEREAS, as a result of a recent issuance of general obligation bonds which included the refunding of existing debt, an additional $3,500,000 of bond authority has become available, resulting in a total 1998 general obligation bonding authority of $57,300,000; and WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of the additional general obligation public improvement bonds for various purposes in the maximum amount of $3,500,000 as permitted by the City Charter, without submitting the question of their issuance to the qualified voters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City to construct and improve various public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of an additional $3,500,000 and issuing the City's general obligation bonds therefor. 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued additional public improvement bonds of the City in the maximum amount of $3,500,000, to provide funds, together with other funds that may be available, for various public improvements, including Schools, Roadways, Coastal projects, Economic and Tourism projects, Buildings, and Parks and Recreation projects for project activities that include, but are not limited to the following: preliminary studies, preliminary surveys, permit compliance, environmental assessment, planning, design, engineering, site acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 3. The bonds may be issued as a separate issue or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 4. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 5. The bonds shall be general obligations of the City for the payment of principal, premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 6. The City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public at the City Clerk's office during normal business hours from the date of adoption hereof through the date of the issuance of the Bonds. 7. The City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 8. This ordinance shall be in full force and effect from the date of its passage. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of December, 1 998. Requires eight affirmative votes for adoption. 55 56 57 58 CA-7201 G:\DATA\ORDIN\NONCODE\ADDGOBND.ORD DATE PREPARED: 11/20/98 R2 Approved as to Content: Management Services Approved as to Legal Sufficiency: ~it-y' ~:[t6r~ey "'/' ' - ,/ PROPOSED ISSUANCE OF GENERAL OBLIGATION BONDS On Tuesday December 8, t998, the Council of the City of Virginia Beach. Virginia, will hold a public hearing on the proposed issuance by the City of general obligation bonds in the maximum amount of $3,500,000. These bonds will supplement the $53,800,000 previously authorized on May 12;'"1998 as part of the Capital Improvement Program. The purpose of the bonds is to finance Schools, Roadways, Buildings, Coastal projects, Parks and Recreation projects, Economic and Tourism projects, and other public facility and improvement projects. "~, ~:' The public hearing will be conducted at 2:00 p...m, in Council Chamber on the second floor of the City Hall Building, Municipal Center, Virginia Beach, Virginia. Interested persons may appear at such time and place and present their views. Individuals desiring to provide oral or written comments may do so by contacting the City Clerk's office at 427-4303. If you are physically disabled, or hearing or visually impaired, and need assistance at this meeting, please call 427-4305 VoicefTDD. Ruth Hodges Smith, CMC/AAE City of Virginia Ftcach OFFICE OF THE CITY MANAGER ~ 757) 427-4242 FAX {757) 427-4~35 TDD (757) 427-4305 MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-900't November 16, 1998 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Dear Council Members: Subject: Additional General Obligation Bonding Authority As part of the FY 1998-99 Capital Improvement Program, City Council authorized the issuance of general obligation bonds in the maximum amount of $53.8 million. This amount Was calculated based on the debt scheduled for retirement in calendar year 1998, plus an additional $10 million, as allowed under the City's charter. When CIP budget preparations began in Fall 1997, plans were also being made to issue G.O. bonds in Spring 1998. However, the size of the issue was not yet final because prevailing Iow interest rates made the refunding of existing debt attractive. Based on the advice of the City's financial advisors, the Spring 1998 issue totaled $125.6 million including refunding of $77.6 million. To realize the maximum long-term benefits of the refunding, the debt repayment was structured in a manner that required a principal payment of $3.5 million in calendar 1998. This was a very unusual instance. The initial principal payments of bonds sold in the past did not typically begin until one year after issuance. Because the repayment schedule was not known at the time the CIP budget was prepared, the additional $3.5 million was not included in the original bonding authority amount of $53.8 million. Therefore, the additional $3.5 million in 1998 charter bond authority can be authorized by City Council. A public hearing advertisement and bond authorizing ordinance are being prepared to allow Council action on the supplemental authority at the December 8 meeting. The authorization would require the affirmative votes of 8 members of Council as do all charter bond authorization actions. To meet legal advertisement requirements, we must provide the advertisement to the newspaper to appear on November 22 and 29. If you choose to authorize the additional $3.5 million, the G.O. bonding authority for calendar year 1998 would total $57.3 million. The The Honorable Meyera E. Oberndorf, Mayor Members of City Council Page 2 additional amount may, or may not actually be appropriated in the future to specific capital projects. That would be a separate City Council decision. If the additional $3.5 million is not authorized before the end of the 1998 calendar year, the option to authorize it in the future will be permanently lost. If you desire any additional information please do not hesitate to call. Sincerely, J KS\EDB\Ica COpy: E. Dean Block Patti Phillips W~lt Kraemer Le, s Lilley James K. Spore City Manager CITY OF VIRGINIA BEACH (SEA ) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk JUDEO-CHRISTIAN OUTREACH CENTER, INC. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: of The foregoing instrument was acknowledged before me this day ., 1998, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public 5 Item V-I.2 - 26- ORDINANCES/RESOL UTION ITEM # 44401 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to declare 6,216 square feet EXCESS PROPERTY at 4768 Hook Lane, Beechwood Subdivision; and, authorize the City Manager donate the same, in the name of the City, to the Virginia Beach Community Development Corporation, a non-profit organization (BA YSIDE - DISTRICT 4). Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 AN ORDINANCE DECLARING CERTAIN PROPERTY AT 4768 HOOK LANE EXCESS AND AUTHORIZING CITY MANAGER TO DISPOSE OF SAME 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, by Deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3787, page 1636, the City of Virginia Beach acquired title in and to certain real property, a portion of which is described in Exhibit A attached hereto; and WHEREAS, the City Council is of the opinion that the property referenced as "AREA TO BE DECLARED EXCESS 6,216 SQ. FT." in Exhibit A (the "Property") is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to convey the property or a portion thereof in a manner he deems in the best interest of the City including the right to retain easements and other interests including, but not limited to, covenants and restrictions that he deems appropriate before the Property is conveyed by quitclaim deed. This ordinance shall be effective from the date of its adoption. Virginia, on the Adopted by the Council of the City of Virginia Beach, 8th day of December , 1998. 27 28 ORDIN\EXCESS.ORD PREPARED: 11/3/98 A,~PROVED AS TO CONTENT APPROVED AS TO U~GAL SUFFICIENCY LOCATION MAP I t.. t SCALE :1"- 1,600' 0 0 To Be Declared 6 6 Ft. r/ FIRST COURT RD. EXHIBIT EXCESS CITY OWNED AT 4768 HOOK LANE PROPE SCALE: 1'- - 100' CHURCH PT. PL. C:\MONICA\REALESTATL~DEJESU PREPARED BY P/W LNG. DRAFT. 03-NOV-1998 98-10-S55 vIRGINfA STATE PLANE COOR~NATE ~'~fEil. $i~I~TH ZOnE NAD.;98~/$6 Item V-I. 3. -27- ORDINANCES/RESOLUTION ITEM # 44402 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND Section 6-123 of the City Code re rental of personal watercraft during dangerous water conditions Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 1 2 3 4 5 AN ORDINANCE TO AMEND SECTION 6-123 OF THE CITY CODE PERTAINING TO THE RENTAL OF PERSONAL WATERCRAFT DURING DANGEROUS WATER CONDITIONS SECTION AMENDED: SECTION 6-123 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-123 of the Code of the City of Virginia Virginia is hereby amended and reordained to read as Beach, follows: Sec. 6-123. Rental of personal watercraft during dangerous water conditions. (a) Whenever the director of emergency medical services~ the chief of police, or his one of their duly authorized designee~ determines that, due to the condition of the Atlantic Ocean, the Chesapeake Bay, and/or the waters adjacent thereto, the operation of personal watercraft in any such body of water would be dangerous to the health, safety and welfare of the operators of such watercraft, passengers thereon, and/or other persons in or on the water, thc ~ ......... .... ~ .................. ~ every business in the city which provides personal watercraft for rent= shall be notified of such determination, and S~uch notification shall identify the specific body or bodies of water to which the notification applies. (b) Upon receipt of the notification set forth in subsection (a), such businesses shall be prohibited from renting personal watercraft for use in any body of water to which the notification applies, and shall not resume the rental of such watercraft until .... ~-~ -~ ~-~ .... ~~^~ ~ ~- director .......... ~e they are officially notified that the condition of the water no longer poses a threat of danger to the public. 32 33 34 35 36 37 38 39 40 41 42 4B 44 4~ 46 47 48 49 50 51 52 (c) For purposes of this section, the term ~personal watercraft~ means a motorboat less than sixteen (16) feet in length which uses an inboard motor powering a jet pump as its primary motive power, and which is designed to be operated by a person sitting, standing, or kneeling on, rather than in the conventional manner of sitting or standing inside, the vessel. (d) A violation of this section shall constitute a Class 3 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of D~mber, 1998. CA-7184 G:~DATA~ORDIN~PROPOSED~06-123.ORD R-1 PREPARED: 11/4/98 Approved as to Content: Department of Emergency Medical Services Department of Police Approved as to Legal Sufficiency: Attorney's Office 2 Item V-I. 4. a/b/c/d. - 28- ORDINANCES/RESOL UTION ITEM # 44403 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinances re Department of Housing and Neighborhood Preservation: APPROPRIATE $121,699from FY 1997-1998 income to the FY 1998- 1999 Operating Budget of the Department's Loan and Grant Fund re use in the Lake Edward/Plaza Rehabilitation Program; and, increase estimated revenues accordingly. Authorize the City Manager to execute contracts with the Judeo- Christian Outreach Center, Inc. re remodeling of the Blumenthal Schor Education Center and the acquisition of a Youth Shelter; and, APPROPRIATE $100, O00 from the Community Development Special Revenue Fund to the Department's 1998-1999 budget refunding of these contracts. ACCEPT and APPROPRIATE $2,525 in donations from Samaritan House, Vetshouse and the Judeo-Christian Outreach Center to the Department re support of the Homeless Resource Network; and, increase estimated revenues accordingly. Establish the Department's Optional Relocation and the Reconstruction Programs; and, TRANSFER $307,436 within the Department's FY 1998-1999 Operating Budget re funding these programs. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, Ill, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE JUDEO- CHRISTIAN OUTREACH CENTER FOR THE REMODELING OF THE BLUMENTHAL SCHOR EDUCATION CENTER AND THE ACQUISITION AND CONSTRUCTION OF A YOUTH SHELTER AND TO APPROPRIATE $100,000 OF FUND BALANCE IN THE COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND TO THE 1998-99 BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION TO FUND THESE CONTRACTS WHEREAS, the City Council wishes to support the Judeo-Christian Outreach Center in its efforts to provide services and shelter for homeless and Iow income citizens; WHEREAS, funds are available in fund balance in the Community Development Special Revenue Fund for this purpose; and WHEREAS, the remodeling of the Blumenthal Schor Education Center and the construction of a youth shelter will help the Judeo-Christian Outreach Center and the ODU School of Nursing provide such services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager is hereby authorized to execute a contract with the Judeo- Christian Outreach Center for the remodeling of the Blumenthal Schor Education Center and another contract with the Judeo-Christian Outreach Center for the acquisition and construction of a youth shelter, provided that the contract concerning the youth shelter shall not be executed unless City Council has granted all permits and approvals necessary for the construction of such shelter; and 2. That $100,000 of fund balance is hereby appropriated from the Community Development Special Revenue Fund to the 1998-99 Budget of the Department of Housing and Neighborhood Preservation to provide funding for the above-referenced contracts for remodeling of the Blumenthal Schor Education Center and the construction of a youth shelter. Requires an affirmative vote by a majority of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December, 1998. CA-7209 G:\DATA\ORDIN\NONCODE\BLUMENTH.ORD DATED PREPARED: 11/30/98 R2 Approved as to Content: ~,:[ Management~_~s Approved as to Legal Sufficiency: Department of Law 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $121,699 OF PROGRAM INCOME TO THE FY 1998-99 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION'S LOAN AND GRANT FUND FOR USE IN THE LAKE EDWARD/PLAZA REHABILITATION PROGRAM 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, Community Development Block Grant funds are utilized for loans to Iow-income persons for housing improvements; WHEREAS, repayment of such assistance is included in the budget of the Department of Housing and Neighborhood Preservation and is considered to be "program income"; WHEREAS, total program income in fiscal year 1997-1998 exceeded estimated income by $121,699; and WHEREAS, Federal regulations require that program income be appropriated and used for eligible activities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $121,699 in program income from 1997-98 be appropriated to the FY 1998- 99 Operating Budget of the Department of Housing and Neighborhood Preservation Loan and Grant fund for use in the Lake Edward/Plaza Rental Rehabilitation Program. 2. That estimated revenue in the FY 1998-99 Operating Budget from the repayment of loans is hereby increased in the amount of $121,699. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December, 1998. Requires an affirmative vote by a majority of the members of City Council. CA-7210 G:\DATA\ORDIN\NONCODE\EXCEEDED.ORD DATE PREPARED: 11/30/98 R2 Approved as to Content: Management Se rvic,,9~ Approved as to Legal Sufficiency: City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO ACCEPT AND APPROPRIATE $2,525 IN DONATIONS FROM SAMARITAN HOUSE, VETSHOUSE AND THE JUDEO- CHRISTIAN OUTREACH CENTER TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION TO SUPPORT THE HOMELESS RESOURCE NETWORK WHEREAS, City Council wishes to further and support the existing partnership between the City and various non-profit organizations that serve the homeless; and WHEREAS, Samaritan House, VetsHouse, and the Judeo- Christian Outreach Center have provided contributions of private funds for the purpose of supporting the City's effort toward this partnership. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $2,525 in contributions from Samaritan House, VetsHouse, and the Judeo-Christian Outreach Center are hereby accepted and appropriated to the FY 1998-99 Operating Budget of the Department of Housing and Neighborhood Preservation to support the Homeless Resource Network; and 2. That estimated revenue in the FY 1998-99 Operating Budget from donations is hereby increased by $2,525. Requires an affirmative vote by a majority of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December, 1998. CA-7208 G:~DATA~ORDIN~NONCODE~HOMELESS.ORD R-2 PREPARED: December 1, 1998 Approved as to Content: Management Serv~ Approved as to Legal Sufficiency: City Attorney AN ORDINANCE TO APPROVE THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION'S ESTABLISHMENT OF THE OPTIONAL RELOCATION PROGRAM AND THE RECONSTRUCTION PROGRAM AND TO TRANSFER $307,436 WITHIN THE DEPARTMENT'S FY 1998-99 OPERATING BUDGET TO FUND THESE PROGRAMS WHEREAS, City Council wishes to assist certain citizens who may experience housing and financial hardships due to being relocated from unsafe housing; WHEREAS, Federal regulations allow the provision of financial assistance for persons experiencing such hardships; and WHEREAS, the Department of Housing and Neighborhood Preservation has submitted a proposal to utilize funds for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Optional Relocation Program and the Reconstruction Program as proposed by the Department of Housing and Neighborhood Preservation are hereby authorized and established; 2. That $20,000 is hereby transferred in the FY 1998-99 Operating Budget of the Department of Housing and Neighborhood Preservation from the Community Development Special Revenue Fund to the Community Development Loan & Grant Fund to fund the Optional Relocation Program; and 3. That $287,436 is hereby transferred within the Federal Housing Assistance Grant Fund in the FY 1998-99 Operating Budget of the Department of Housing and Neighborhood Preservation to fund the Reconstruction Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December, 1998. CA-7207 G:\DATA\ORDIN\NONCODE\RECONSTR.ORD DATE PREPARED: 11/30/98 R1 Approved as to Content: Management Se~ Approved as to Legal Sufficiency: Department of Law Item V-I. 5. a. ORDINANCES/RESOL UTION - 29 - ITEM # 44404 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of City- owned right-of-way known as Virginia Beach Boulevard at Riddle Avenue by Judeo-Christian Outreach Center, Inc. re establishment of a dry pond (BMP)for on-site retention of stormwater (BEACH- DISTRICT 6) The following conditions shall be required: The temporary encroachment shah be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, such temporary encroachment shah be removed from the encroachment area and the applicant shall bear all costs and expenses of such removal. o The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. Nothing herein contained shall be construed to enlarge the permission or authority given to the applicants to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must submit and have approved a traffic control plan, before commencing work in the encroachment area. 7. The applicant must obtain a permit from the Office of Development Services Center (DSC), Planning Department, prior to commencing any construction within the encroachment area. Prior to the issuance of a right-of-way permit, the applicant must post sureties, in accordance with their engineer's cost estimate, to Office of Development Services Center (DSC), Planning Department, The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment December 8, 1998 Item V-I. 5. a. ORDINANCES/RESOL UTION - 30- ITEM # 44404 Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN' ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT ONTO A PORTION OF CITY OWNED RIGHT OF WAY KNOWN AS VIRGINIA BEACH BOULEVARD BY JUDEO-CHRISTIAN OUTREACH CENTER, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Judeo-Christian Outreach Center, Inc., its assigns and successors in title are authorized to construct and maintain a temporary encroachment onto the City owned right of way known as Virginia Beach Boulevard, at its intersection with Riddle Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a drainage retention facility (BMP) and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right of way known as Virginia Beach Boulevard as shown on the certain plat entitled: "ENCROACHMENT PLAT FOR THE SHELTER THRIFT STORE FOR THE JUDEO-CHRISTIAN OUTREACH CENTER, INC., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Judeo-Chfistian Outreach Center, Inc.,, its assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's property at the intersection of Virginia Beach Boulevard and Riddle Avenue and that Judeo-Christian Outreach Center, Inc., its assigns and successors in title shall bear all costs and expenses of such removal. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 AND, PROVIDED FURTHER, that it is expressly understood and agreed that Judeo- Christian Outreach Center, Inc., its assigns and successors in title, hereinafter referred to as Party of the Second Part, shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the Party of the Second Part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that the Party of the Second Part must obtain building and right of way permits from the Planning Department/Permits and Inspections/DSC AND, PROVIDED FURTHER, that the Party of the Second Part agrees to carry General Liability Insurance in an amount not less than $500,000.00 and have the City named additional insured. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that an authorized officer of Judeo-Christian Outreach Center, Inc. executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December , 19 98 54 55 CA- PREPARED: 10-12-98 APPROVED AS TO CONTENTS S~gNATVm~ DEPARTMENT AP.~OVED AS TO LEGAL.,~ SITE LOCATION MAP SCALE: 1" / / 9~-10--550 SUBJECT ENCROACHMENT AREA © PROP~ OF JUDEO-CHRISTIAN OUTREACH CENTER, INC. ~;'~'~? LO CATT I 0 N ~L~ SHOWING~ AREA OF ENCROACHME ~-'~"~- REQU_ESTED BYe. ~JUDEO CHRISTIAN~ OUTREACH CE NmE R,..,i NC.~ j~,~,~t ~ PREPARED BY PAN ENG. DRAFT. 28-OCT-1998 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE THIS AGREEMENT, made this ,g4 g(2day of /~.,-~,-e,~ , 1998, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JUDEO-CHRISTIAN OUTREACH CENTER, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WI TNE S S E TH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as 1803/1805 Virginia Beach Boulevard, Virginia Beach, Virginia 23454; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a drainage retention facility (BMP), "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Virginia Beach Boulevard "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2407-65-2769 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT PLAT FOR THE SHELTER THRIFT STORE FOR THE JUDEO-CHRISTIAN OUTREACH CENTER, INC.," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor 2 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Judeo-Christian Outreach Center, Inc. has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: of BEACH. The foregoing instrument was acknowledged before me this day ,1998, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: / The foregoing instrument was acknowledged before me this e~, 5/ ~ day of/(~,.~L,-~,~, 1998, by ,~¢a/~'.t9/¢ r~2*,~,t{, ~'~(¢o7t,,'.,' ,~',,'~,bsO(Title) on behalf of Judeo-Christian Outreach Center, Inc. My Commission Expires: Notary Pfiblic APPROVED AS TO LE.~ SUFFICIENCY~ 6 APPROVED AS TO CONTENT '(~IT¥/REAL ESTATE XGENT ! I I I I I I I ! · Item V-I. 5.b. ORDINANCES/RESOL UTION - 31 - ITEM # 44405 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED TO THE 12 JANUARY 1999, CITY COUNCIL SESSION: Ordinance to authorize a temporary encroachment into a portion of City-owned property at 4804 Ocean Front Avenue by Ramon, Jr. and Deborah A. Breeden re construction and maintenance of an in-ground swimming pool and decking (BEACH- DISTRICT 6) Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: Vice Mayor William D. Sessoms, Jr. Councilman Harrison ABSTAINED as his law firm represents the applicant. December 8, 1998 Item V=I. 6. - 32 - ORDINANCES/RESOL UTION ITEM it 44406 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the City Manager to lease City Property, not to exceed twelve (12) months, at 4560 Bonney Road, to the Virginia Beach Development Authority (ROSE HALL - DISTRICT 3). Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 1 2 3 4 5 6 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE CITY PROPERTY LOCATED AT 4560 BONNEY ROAD, VIRGINIA BEACH, VIRGINIA TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, the City owns certain real property located at 4560 Bonney Road, Virginia Beach, Virginia; WHEREAS, the property is currently vacant; and WHEREAS, the City desires the City of Virginia Beach Development Authority to find an interim user/occupant for the property so as to secure the property and prevent waste of the improvements and to enhance the economic interests of the citizens of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Manager is hereby authorized on behalf of the City of Virginia Beach to enter into a lease with the City of Virginia Beach Development Authority for the purpose of leasing the City's property located at 4560 Bonney Road, Virginia Beach, Virginia, to the City of Virginia Beach Development Authority. The lease shall contain such terms as the City Manager may deem appropriate, except that the term of the lease shall not exceed twelve (12) months. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December , 1998. CA-7203 ORDIN\NONCODE\.ORD R-1 PREPARED: 11/24/98 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cit~y Attorney Item V-L 7. - 33 - ORDIN/INCES/RESOL UTION ITEM # 44407 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ~4DOPTED: Resolution to approve issuance of the Peninsula Ports Authority of Vir~inla bl~_alth Sv.~t~m R~w,m~ Rp[}~ndincr R~nf]~ ,~ri~ 100~' TELEPHONE (757) 426-6443 HARRY R. PURKEY, JR., EC. ATTORNEY AT LAW OCEAN PLAZA CORPORATE CENTRE 303 34~'" STREET, SUITE 5 VIRGINIA BEACH, VIRGINIA 23451-2804 January 7, 1999 FACSIMILE (757) 428-3338 Mr. George N. Tzavaras, P.E. Tectmical Services Administrator Department of Public Works City of Virginia Beach Municipal Center 2405 Courthouse Drive Virginia Beach, VA 23456-9035 Via facsimile (426-5783) and regular mail In re: Encroachment Application of Ramon W. Breeden, Jr. and Deborah A. Breeden 4804 Ocean Front Avenue Virginia Beach, Virginia Dear George: I am in receipt of your January 6, 1998 letter indicating that the proposed flagstone decking and brick walkway in the encroachment area east of Mr. Breeden's property has been administratively approved. In light of this, I am requesting, on behalf of my clients, that their Encroachment Application, which was scheduled to be heard by the City Council at its January 12, 1999 meeting, be withdrawn. HRPJR/ras cc: Ms. Ruth Hodges Smith City Clerk Vice Mayor William D. Sessoms Councilman Linwood O. Branch Mr. Ramon W. Breeden, Jr. weekl.wpd By copy of this letter, I am notifying RuthyIodges Smith of the foregoing. / Approving Issuance of the Peninsula Ports Authority of Virginia Health System Revenue Refunding Bonds (Riverside Health System Project) Series 1998 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the Peninsula Ports Authority of Virginia, whose principal business address is 12350 Jefferson Avenue, Suite 230, Newport News, Virginia 23606 (the "Authority"), has conducted a joint public hearing, after notice, on October 21, 1998, a date within sixty (60) days prior to the date of the adoption of this Resolution, on behalf of the Authority, Gloucester County, Mathews County, Isle of Wight County, the Town of Smithfield, Chesterfield County, the Town of West Point, the City of Virginia Beach and the City of Newport News, on the plan of financing of Riverside Healthcare Association, Inc. ("Riverside Healthcare"), whose principal business address is 606 Denbigh Boulevard, Suite 601, Newport News, Virginia 23602, Riverside Hospital, Inc. (the "Hospital"), whose principal business address is 500 J. Clyde Morris Boulevard, Newport News, Virginia 23601 and certain of the affiliates of Riverside Healthcare and of the Hospital, all of which are not-for-profit Virginia corporations which are described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and exempt from tax under Section 501(a) of the Code (collectively, "Riverside") for the issuance of the Authority's Health System Revenue Refunding Bonds in an amount not to exceed $62,000,000 (the "Bonds") to assist Riverside in (a) refunding all or a portion of the outstanding principal balance of the Authority's $64,370,000 Health System Revenue and Refunding Bonds (Riverside Health System Project), Series 1992-A (the "1992 Bonds"), (b) funding a reserve fund for the Bonds and (c) financing certain issuance costs incurred in connection with the issuance of the Bonds; and WHEREAS, the proceeds of the 1992 Bonds assisted Riverside in (a) financing (1) the purchase of certain medical and other equipment supportive of or incidental to the health care functions of the Hospital, including, without limitation, operating room, radiology, laboratory, heart catheterization, computer and radiation therapy equipment, (2) improvements and renovations to the Hospital and (3) the construction of a three-story building to house a new energy plant and administrative offices, all to be located at or near the site of the Hospital; and (b) refinancing (1) the Medical Facilities Revenue Note (Riverside Healthcare Association, Inc.) Series of 1985, issued by the Authority in 1985 in the original aggregate principal amount of $20,000,000 (the "Series 1985 Bonds"), (2) the Medical Facilities Revenue Note (Riverside Healthcare Association, Inc.) issued by the Industrial Development Authority of Gloucester County, Virginia (the "Gloucester Authority") in 1987 in the original aggregate principal amount of $12,250,000 (the "Series 1987 Bonds"), and (3) the Variable Rate Demand Revenue Bonds (Virginia Beach Convalescent Center Project) Series 1990, issued by the City of Virginia Beach Development Authority in 1990 in the original aggregate principal amount of $2,700,000 (the "Series 1990 Bonds"); and WHEREAS, the Series 1985 Bonds were issued to finance a portion of the cost of (a) the construction, equipping and furnishing of a medical laboratory on the grounds of Patrick Henry Hospital, Inc., 1000 Old Denbigh Boulevard, Newport News, Virginia 23602, (b) the purchase and installation of a free-standing in-house computer system for use in the operation and management of the health care facilities owned and operated by Riverside located at the Hospital, (c) the acquisition, construction and equipping of a wellness and fitness center located at 11621 Robious Road, Midlothian, Virginia 23113 and owned by Riverside Wellness and Fitness Centers, Inc., (d) the construction, equipping and furnishing at 866 Denbigh Boulevard, Newport News, Virginia 23602 of a 50-unit retirement living village owned and operated by Riverside Retirement Services, Inc., and (e) the acquisition, construction and equipping of a 60 bed nursing home at 2960 Chelsea Road, West Point, Virginia 23181 owned and operated by Patrick Henry Hospital, Inc.; and WHEREAS, the Series 1987 Bonds were issued to refund the outstanding principal balance of the Gloucester Authority's Medical Facilities Revenue Notes (Riverside Healthcare Projects) issued December 23, 1983, in the aggregate principal amount of $15,000,000 to finance and refinance a portion of the cost of the acquisition, construction and/or equipping of certain medical facilities for Riverside, including (a) Walter Reed Memorial Hospital, a 71-bed acute care hospital owned and operated by Riverside Middle Peninsula Hospital, Inc., on Route 17 in Gloucester County, Virginia 23061, (b) the Mathews Convalescent Center, a 59-bed nursing home facility owned and operated by Patrick Henry Hospital, Inc., on Route 14 in Mathews County, Virginia 23109, (c) the Smithfield Convalescent Center, a 95-bed nursing home facility owned and operated by Patrick Henry Hospital, Inc., at 200 Lumar Road in the Town of Smithfield, which is in Isle of Wight County, Virginia, and (d) (1) a 385-bed nursing home facility owned and operated by Patrick Henry Hospital, Inc., at 1000 Old Denbigh Boulevard, (2) a 75-bed rehabilitation hospital operated by Rehabilitation Institute of Virginia, Inc., at 245 Chesapeake Avenue, and (3) the Hospital, each in the City of Newport News, Virginia; and WHEREAS, the Series 1990 Bonds were issued to finance the acquisition, construction and equipping of a nursing home consisting of 60 beds located at 1604 Old Donation Parkway in the City of Virginia Beach, Virginia originally owned by Patrick Henry Hospital, Inc. and now owned by Long Term Care Associates, Inc.; and WHEREAS, Section 147(0 of the Code provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; and WHEREAS, certain of the facilities being refinanced with the proceeds of the Bonds (the "Facilities") are located in the City of Virginia Beach, Virginia (the "City"), and the City Council of the City (the "Council") constitutes the highest elected governmental unit of the City; and -2- WHEREAS, the Authority has requested the Council to ratify the public hearing and approve the issuance of the Bonds and the plan of financing to comply with Section 147(f) of the Code and the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, (the "Authority Resolution"), a record of the public hearing and a fiscal impact statement have been filed with the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the "WHEREAS" clauses to this Resolution are hereby adopted as part of this Resolution. 2. The Council hereby ratifies the joint public hearing held on its behalf by the Authority on October 21, 1998, and the publication of notice thereof. 3. The Council hereby concurs in the Authority Resolution adopted by the Authority on October 21, 1998, a copy of which is attached hereto. 4. The Council hereby approves the issuance of the Bonds by the Authority for the benefit of Riverside, to the extent required by Section 147(f) of the Code and by the Virginia Code. 5. Ratification of the joint public hearing, concurrence in the Authority Resolution, and approval of the issuance of the Bonds and the plan of financing do not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Facilities or of Riverside, and, as required by Virginia law, neither the Commonwealth of Virginia nor any political subdivision thereof, including the City and 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 by Riverside, and neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City and the Authority, shall be pledged thereto. 6. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f. 103-2(0(1), this Resolution shall remain in effect for a period of one year from the date of its adoption. 7. The City, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damage to Riverside, direct or consequential, resulting from the Authority's failure to issue the Bonds for any reason. 8. This Resolution shall take effect immediately upon its adoption. -3- CERTIFICATE OF RESOLUTION 1 ;, A meetingD? the City Council of the City of Virginia Beach, Virginia (the "Council ), was held on ecember ,81998, at which meeting the following duly elected members were present or absent: PRESENT: Linwood O. Branch, III Louis R. Jones ~largaret L. Eure Reba S. McClanan William W. Harrison, Jr. Mayor Meyera E. Oberndorf Harold Heischober Nancy K. Parker Barbara M. Henley A.M."Don" Weeks ABSENT: Vice Mayor William D. Sessoms, Jr. Such members constituted all of the members of the Council on the date of such meeting. 2. Attached hereto is a true and correct copy of a Resolution duly adopted at such meeting by the following vote: AYES: NAYS: Linwood O. Branch, III Louis R. Jones Margaret L. Eure Reba S. McClanan William W. Harrison, Jr. Mayo~ Meyera E. Oberndorf Harold Heischober Nancy K. Parker Barbara M. Henley A.M. "Don" Weeks None 3. The Resolution referred to above has not been repealed, revoked, rescinded or amended but is in full force and effect on this date and constitutes the only Resolution adopted by the Council relating to the issuance by the Peninsula Ports Authority of Virginia, of its Health System Revenue Refunding Bonds (Riverside Health System Project), Series 1998. this WITNESS my hand and seal of the City Council of the City of Virginia Beach, Virginia, 8t~day of December , 1998. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) #577184 06229.010 -4- '~I:~ROVI~D AS TO CONTENT:. 8201 GREENSBORO DRIVE SUITE 800, TYSONS CORNER McLEAN. VIRGINIA 2210;~-3805 TELEPHONE (703) 734-4334 FAX: 1703) 734-4340 500 LIBBIE AVENUE SUITE 2A RICHMOND, VIRGINIA 23226 TELEPHONE (BO416¢J7-1200 FAX: 1804) 2BB-8366 DIRECT DIAL (804) 697-1216 MAYS & VALENTINE L.LP. I I I I EAST MAIN STREET RICHMOND, VIRGINIA ~3:~19 (804) 697-1;~00 FAX: (804) 697-1339 H TT t~://)N~A/V. NAYSVAL.CO M MAILING ADDRESS P.O. Box II~ RICHMOND, VIRGINIA ~3;>18-11:~ November 23, 1998 DOMINION TOWER 999 WATERSIDE DRIVE. SUITE ;~5~.5 NORFOLK, VIRGINIA :~3514-3670 TELEPHONE (757) 627-5500 FAX: 1757~ 627-5200 4425 CORPORATION LANE. SUITE 420 PO. SOX 611B5 VIRGINIA BEACH, VIRGINIA 23466-1 FILE NO. 06229.010 TO: THE HONORABLE MAYOR AND ALL MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Re: Riverside Healthcare Association, Inc. and Affiliates Bond Issue Ladies and Gentlemen: Riverside Healthcare Association, Inc. and certain of its affiliates (collectively, "Riverside") are requesting that the City Council of the City of Virginia Beach, Virginia (the "Council") furnish its governmental approval, to the extent required by Section 147(t) of the Internal Revenue Code of 1986, as amended (the "Code"), and Chapter 46, Acts of Assembly of 1952, as amended (the "Act"), with respect to the issuance of bonds (the "Bonds") by the Peninsula Ports Authority of Virginia (the "PPAV") to assist Riverside in financing or refinancing a number of projects located in eight jurisdictions including the City of Virginia Beach (the "City"). Only one project, a 60-bed nursing home located at 1604 Old Donation Parkway (the "Project"), is located in the City. In 1990, the City of Virginia Beach Development Authority issued its $2,700,000 Variable Rate Demand Revenue Bonds (Virginia Beach Convalescent Center Project) Series 1990 (the "1990 Bonds") to finance the acquisition, construction and equipping of the Project, which was originally owned by Patrick Henry Hospital, Inc. and later by Long Term Care Associates, Inc. (both affiliates of Riverside). In 1992, Riverside refinanced all of its variable rate, letter-of-credit secured debt through the issuance of fixed rate debt secured only by the revenues of Riverside, and had one issuing authority (instead of nine), the PPAV, issue that debt. At that time, the City Council gave its approval to the refunding to the same extent that it is being requested to do so now. Section 147(0 of the Code and the Act provide that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. Because the issuer of the private activity bonds is the PPAV, the City Council of the City of Newport News must approve the issue. Likewise, because the facilities to be financed are located in Mathews, Isle of Wight, Gloucester and Chesterfield Counties, the Towns of West Point and Smithfield and the City of Virginia Beach, the Board of Supervisors, Town Council or City Council of each of those jurisdictions has to approve the issuance of the Bonds. The regulations that were promulgated with respect to the public approval process require that any governmental unit approving the issue must do so following a public hearing held in a location which is convenient for the residents of the unit and for which there is reasonable public notice. The regulations provide that November 23, 1998 Page 2 if more than one governmental unit is required to provide a public hearing, such hearings may be combined so long as the hearing provides all of the residents of the participating governmental units a reasonable opportunity to be heard. The location of any combined hearing is presumed reasonable if it is no further than I00 miles from the location of the unit on behalf of which the hearing is being conducted. Because of the large number of jurisdictions involved, Riverside made arrangements for the PPAV to hold a public hearing on behalf of the various jurisdictions, as it had in 1992. The PPAV held its public hearing on October 21, 1998. The Resolution adopted by the PPAV requesting this Council's approval has been forwarded to the City Manager, along with the other documentation required by state law. The issuance of the Bonds by the PPAV will not adversely impact the City in any way, as it will have no effect on the City's bond rating or its debt issuing ability. I hope that the foregoing discussion adequately explains the public notice and governmental approval process requirements, the reason for the issuance of the Bonds by the PPAV and the absence of any negative consequences to the City as a result of this financing. Very truly yours, Stephen L. Johnson 181/743 #580705 820l GREENSBORO DRIVE SUITE BOO, TYSONS CORNER McLEAN, VIRGINIA 22102-350!5 TELEPHONE (703) 734-4334 F'AX: (703) 734-4340 500 LIBBIE AVENUE SUITE 2A RICHMOND, VIRGINIA 23226 TELEPHONE (804) 697-1200 D,RECT D,AL (804) 697-1216 MAYS & VALENTINE L.L,P. II II EAST MAIN STREET RICHMOND, VIRGINIA ;~3219 (804) 697-1200 FAX: (804) 697-1339 H TT p://VVV~N. MAYSVAL. CO N MAILING ADDRESS P.O. Box I1~ RICHMOND, VIRGINIA 23218-11~ November 23, 1998 DOMINION TOWER 999 WATERSIDE DRIVE, SUITE 2525 NORFOLK, VIRGINIA 23514-3670 TELEPHONE (767) 627-6500 4425 CORPORATION LANE, SUITE 420 P.O. BOX 61165 VIRGINIA BEACH, VIRGINIA 23466-1185 TELEPHONE 1757) 516-3200 FAX: (767) 616-3210 r,L'- No. 06229.010 TO: THE HONORABLE MAYOR AND ALL MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Re: Public Benefit of Bond Issue for Riverside Healthcare Association~ Inc. and its Affiliates Ladies and Gentlemen: The Peninsula Ports Authority of Virginia (the "Authority") was created by the General Assembly of Virginia pursuant to Chapter 46, Acts of Assembly of 1952, as amended (the "Act"). The Act authorizes the Authority to protect or promote the health and welfare of the inhabitants of the Commonwealth by assisting in the financing and refinancing of medical facilities and facilities for the residence or care of the aged. Riverside Healthcare Association, Inc. ("Riverside") and its affiliates, as listed on Exhibit A to the Disclosure Statement, are organizations that are described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The Authority will be issuing bonds to refinance facilities located in Virginia Beach and in seven other Virginia localities, which will, in accordance with a finding made by the Authority, "promote the health and welfare of the Commonwealth and [its] citizens" by providing "modern and efficient medical facilities and services." The one Project being refinanced with the proceeds of the bonds that is located in Virginia Beach is a nursing home facility previously owned by Patrick Henry Hospital, Inc. and currently owned by Long Term Care Associates, Inc., both of which are affiliates of Riverside. The nursing home is located at 1604 Old Donation Parkway. It provides skilled nursing care for the residents of the City of Virginia Beach and thus promotes such residents' welfare and health. Very truly yours, Stephen L. Johnson 18 !/743 #580699 Attachment EXHIBIT RESOLUTION OF THE PENINSULA PORTS AUTHORITY OF VIRGINIA AUTHORIZING THE ISSUANCE OF HEALTH SYSTEM REVENUE REFUNDING BONDS WHEREAS, the Peninsula Ports AuthoriTM of Virginia, a political subdivision of the Commonwealth of Virginia (the "Authority"), is empowered by Chapter 46 of the Acts of Assembly of 1952 of the Commonwealth of Virginia, as amended (the "Act"), to issue its revenue bonds for the purpose of assisting in the financing of the acquisition, construction, renovation and equipping of medical facilities and refinancing such facilities in order to provide modem and efficient facilities and services for the care of the public; WHEREAS, the Authority has received a request from Riverside Healthcare Association, Inc., whose principal business address is 606 Denbigh Boulevard, Suite 601, Newport News, Virginia 23608 ("Riverside Healthcare"), Riverside Hospital, Inc., whose principal business address is 500 J. Clyde Morris Boulevard, Newport News, Virginia 23601 (the "Hospital"), and certain affiliates of Riverside Healthcare and the Hospital, all of which are not-for-profit Virginia corporations which are described in Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and exempt from tax under Section 501(a) of the Code (collectively, the "Applicant"), requesting that the Authority issue its revenue refunding bonds to assist the Applicant in refunding all or a portion of the outstanding principal balance of the Authority's $64,370,000 Health System Revenue and Refunding Bonds (Riverside Health System Project), Series 1992-A (the "1992 Bonds"), the proceeds of which 1992 Bonds assisted the Applicant in (a) financing (1) the purchase of certain medical and other equipment supportive of or incidental to the health care functions of the Hospital, including, without limitation, operating room, radiology, laboratory, heart catheterization, computer and radiation therapy equipment, (2) improvements and renovations to the Hospital and (3) the construction of a three-story building to house a new energy plant and/or administrative offices and (b) refinancing (1) the Medical Facilities Revenue Note (Riverside Healthcare Association, Inc.) Series of 1985, issued by the Authority in 1985 in the original aggregate principal amount of $20,000,000, (2) the Medical Facilities Revenue Note (Riverside Healthcare Association, Inc.) issued by the Industrial Development Authority of Gloucester County, Virginia in 1987 in the original aggregate principal amount of $12,250,000 and (3) the Variable Rate Demand Revenue Bonds (Virginia Beach Convalescent Center Project) Series 1990, issued by the City of Virginia Beach Development Authority in 1990 in the original aggregate principal amount of $2,700,000, the facilities financed or refinanced with the proceeds of the Series 1992 Bonds being referred to herein as the "Facilities"; WHEREAS, the Facilities have been described to the Authority, and a public hearing has been held as required by Section 147 of the Code and by the Act; WHEREAS, the Applicant has represented that the estimated cost of refinancing the Facilities, funding a reserve fund and paying all expenses of the issue payable from bond proceeds will require an issue of health system revenue refunding bonds in an aggregate principal amount not to exceed $62,000,000 (the "Bonds"); NOW, THEREFORE, BE IT RESOLVED BY THE PENINSULA PORTS AUTHORITY OF VIRGINIA: 1. It is hereby found and determined that assisting the Applicant in refinancing the Facilities will help to provide modem and efficient medical facilities and services to the residents of the City of Newport News, Virginia (the "City") and the Commonwealth of Virginia (the "Commonwealth"), will improve the delivery of health care services to and reduce the costs to residents of the City and the Commonwealth utilizing such facilities and will promote the health and welfare of the Commonwealth, the City and their citizens. 2. The Authority hereby agrees to assist the Applicant in refinancing the Facilities by undertaking the issuance of its Bonds upon terms and conditions mutually agreeable to the Authority and the Applicant. The amount of Bonds authorized by the Authority for purposes of refinancing the Facilities, funding a reserve fund for the Bonds and paying issuance and other expenses shall not exceed $62,000,000. The Facilities (to the extent required by law) shall be leased or sold by the Authority to the Applicant pursuant to a lease, installment sale agreement, agreement of sale, deed of assumption or similar agreement, which will provide payments to the Authority in conformity with the Act sufficient to pay the principal of, premium," if any, and interest on, the Bonds and to pay all other expenses in connection with the Facilities. The Bonds shall be issued in form acceptable to, and pursuant to terms to be set by, the Authority, and the payment of the Bonds shall be secured by an assignment, for the benefit of the holders thereof, of the Authority's rights to payment under such lease, installment sale agreement, agreement of sale, deed of assumption or similar agreement with respect to the Facilities and may be additionally secured by any other collateral, agreement or assignment. The Bonds may be issued in one or more series at one time or from time to time. 3. The Authority agrees that the Applicant may be reimbursed from the proceeds of the Bonds for all expenditures and costs including issuance costs so incurred by it, provided such expenditures and costs are properly reimbursable under the Act and other applicable state and federal laws. 4. The Authority shall accept from or on behalf of the Applicant conveyance of title to and/or interests in the Facilities (to the extent required by law). The officers of the Authority are hereby authorized and directed to accept and, if necessary, have filed financing statements, have recorded a proper deed or deeds, or other instruments in connection with such conveyance and such other agreements or bills of sale as may be deemed necessary by the Applicant. If for any reason the Bonds are not issued, it is understood that the Authority shall convey such property or interests therein to or on behalf of the Applicant without cost other than the expense of preparation and recordation of such deed or deeds of conveyance or agreements or bills of sale or financing statements, all of which costs shall be paid by the Applicant. 5. At the request of the Applicant, the Authority hereby appoints Mays & Valentine, L.L.P., Richmond, Virginia, as Bond Counsel to supervise the proceedings and approve the issuance of the Bonds. -2- 6. The Authority accepts the recommendation of the Applicant that Cain Brothers serve as the underwriter for the sale of the Bonds pursuant to terms to be mutually agreed upon. 7. All costs and expenses in connection with the refinancing of the Facilities, including but not limited to the fees and expenses of Bond Counsel and Authority Counsel, shall be paid from the proceeds of the Bonds or funds provided by 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. 8. The Applicant hereby agrees to indemnify and save harmless the Authority, its officers, commissioners, employees and agents from and against all liabilities, obligations, claims, damages, penalties, losses, costs and expenses in any way connected with the Facilities, the application submitted by the Applicant or the issuance of the Bonds. 9. Neither the Authority, including its officers, commissioners, employees and agents, nor the City shall be liable and hereby disclaim all liability to the Applicant and all other persons or entities for any damages, direct or consequential, resulting from the failure of the Authority to issue the Bonds for any reason. 10. The Applicant agrees to pay the Authority the fees set forth in the Authority's Guidelines and Procedures Manual for Tax-Exempt Revenue Bonds. 11. The Authority hereby recommends that the Council of the City (the "City Council") approve the issuance of the Bonds within sixty days hereof and directs the Chairman and the Secretary-Treasurer of the Authority to file with the City Council this Resolution, the Fiscal Impact Statement and a summary statement of the comments made at the public hearing. The Authority also hereby requests and recommends that the Boards of Supervisors of Gloucester County, Isle of Wight County, Mathews County and Chesterfield County, the Town Councils of the Town of West Point and the Town of Smithfield and the City Council of the City of Virginia Beach (collectively, the "Approving Jurisdictions") each give its governmental approval to the issuance of the Bonds within sixty days hereof to the extent that the Internal Revenue Code and state law require. The Authority hereby directs the Chairman and Secretary- Treasurer of the Authority to file with the Approving Jurisdictions this Resolution, the Fiscal Impact Statement and a summary statement of the comments made at the public hearing. 12. All other 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 and the refinancing of the Facilities are hereby approved and confirmed. 13. Unless this Resolution is extended by the Authority, the Bonds authorized hereunder shall be issued within one (1) year from the date hereofi -3- This Resolution shall take effect immediately upon its adoption; provided, however, that the issuance of the Bonds is in all events conditioned upon the approval thereof by the City Council and the Approving Jurisdictions as required by applicable law and regulations. ADOPTED: October 21, 1998 -4- CERTIFICATE I, the undersigned Secretary/Treasurer of the Peninsula Ports Authority of Virginia (the "Authority") hereby certify that the foregoing is a tree, correct and complete copy of the Resolution duly adopted by the affirmative vote of not less than five (5) of the Commissioners of the Peninsula Ports Authority of Virginia present and voting at a meeting duly called and held on October 21, 1998, all in accordance with law, and that such Resolution has not been repealed, revoked or rescinded but is in full force and effect on the date hereof. WITNESS my hand and the seal of the Authority this ~ day of October, 1998. #564868v3 k,~,;By ~/~t/~//~' · [-, S~c~etary/Tre~su~er PEN~SULA PORTS AUTHO~TY OF VIRG~IA -5- DISCLOSURE STATEMENT Applicant's Name(s): Riverside Healthcare Association~ Inc. All Owners (if different from Applicant): See attached Exhibit A Date: November 17, 1998 Type of Application: Rezoning: From Conditional Use Permit Street Closure Subdivision Variance Other bond issue To The officers of the Applicant and other Owners shown on Exhibit B attached hereto. The Applicant and the other Owners, all of which are affiliates of the Applicant, are nonstock corporations organized under the laws of the Commonwealth of Virginia. //580685 ! III-6 EXHZBXT B SUMMARY STATEMENT OF PUBLIC HEARING The Peninsula Ports Authority of Virginia (the "Authority") conducted a public hearing at 12:30 p.m. on October 21, 1998 at the Ramada Inn, 950 J. Clyde Morris Boulevard, Newport News, Virginia 23601 on the issuance of health system revenue refunding bonds in an amount not to exceed $62,000,000 (the "Bonds"), to assist Riverside Healthcare Association, Inc., Riverside Hospital, Inc. and certain of their affiliates (collectively, the "Applicant") in (a) refunding all or a portion of the outstanding principal balance of the Authority's $64,370,000 Health System Revenue and Refunding Bonds (Riverside Health System Project), Series 1992-A, (b) funding a reserve fund for the Bonds and (c) financing certain issuance costs incurred in connection with the issuance of the Bonds. The public hearing was properly advertised for two successive weeks in The Virginian-Pilot, The Daily Press and the Richmond Times-Dispatch. Stephen L. Johnson of Mays & Valentine, L.L.P., Bond Counsel, explained to the Authority the nature and location of the projects being refinanced and the reasons for the issuance of the Bonds at this time. John T. McDonough, a representative of the Applicant, was also present at the meeting. No members of the public spoke at the public hearing in opposition to the Bonds or the refinancing of the projects. #576810 -1- FISCAL IMPACT STATIM~NT FOR PROPOSED R~V]~ BOND FINARCING ApDlieant~_.___ Ee=i~ated pereonal pro~art¥ tax per year u$in~ preeen~ tax ra~ea u$inc3 preach= =ax ratoe $ 62.000.00~ $ N/A com~anies within the locality ~. ~g=lma=ed dollar value per year of ~oods ?,_nn~*-,* r nhat ~l be purchaeed fro~ co~aniee within the local£~ $ ~/~ c. ~.tima~ed dollar value per year of " -- d. Estimated dollar value per yea= o~ --- se~ices t~ will be pure.sad from non- virginia co~an2es w~=hin ~he locality number of regular e~ployees on year. PENINSULA PORTS AUTHORITY OP VIROINIA the number o~ e~pToyees for R~vers~de 1. w~n~a ueac.. ' ne~bcrs ~ base~ upofl the ~DD11can'~'s 9uwchases wt~htn Y~tn~a Beach. Average a:mua~ salary per employee ~_ze.gon ON~ OR MORE 0P TH~ ABOVE QUESTIONS DO NOT APPLY TO THE FACILITY, INDICATE WRITING N/A ON T~E~PROPR~ATH LINE. INFORMATION CONTAINED I~ T~IS STATeMeNT IS BASED S02ELY ON FACTS AND ESTIMATES PROVIDED RY T~E APPLICA~, AND T~E AUTHORITY HAS ~AD~ NO COOFEN 9, ma Beacl~ Point Ne 8 AIJ11Jkm. 5TH Item V-I. 8. - 34- ORDINANCES/RESOL UTION ITEM # 44408 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED: License Refunds: $14,468.15 Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3,1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 FORM NO CA 8 REV 3~86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL BARBRU THORLEIF/SMITH GEORGE CARLSON THOMAS R CHAR BUD INC FARMER DAVID R OD PC G E CAPITAL MODULAR SPACE GAYLE HAYES LYNNHAVEN PIZZA INC MALANA DANIEL D PICCADILLY CAFETERIAS INC ROBERT E TITCOMB OD PC SAWYER HOWARD L/JANET SERV TECH INC THREE RIVERS GLASS CO INC TROPICAL ISLAND TANS INC UNITED PROPERTY ASSOC INC VAN PELT MARK E VINNET INC WINDSHIELDS AMERICA INC ZAKI TAREK O 1996-1998 AUDIT 30.00 0.00 30.00 1996-1998 AU DIT 28.00 0.00 28.00 1998 11/12/98 88.43 0.00 88.43 1997-1998 AUDIT 2.11 0.32 2.43 1995-1998 AUDIT 970.92 21.43 992.35 1998 11/13/98 7.09 0.00 7.09 1996-1998 AUDIT 9.32 2.33 11.65 1995-1998 AUDIT 70.00 2.33 72.33 1998 AUDIT 2,055.40 119.85 2,175.25 1996-1998 AUDIT 76.79 13.19 89.98 1998 03/12/98 17.60 0.70 18.30 1996-1998 AUDIT 229.23 34.37 263.60 1996-1998 AUDIT 445.69 83.36 529.05 1996-1998 AUDIT 128.43 7.19 135.62 1996-1998 AUDIT 0.00 10.95 10.95 1996-1998 AUDIT 11.58 2.83 14.41 1998 10/27/98 40.00 0.00 40.00 1997-1998 AUDIT 2,705.97 157.79 2,863.76 1996-1998 AUDIT 42.24 7.55 49.79 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the Commissioner o~ tttlP~i~venue to form: Ceslie L. Lilley ~' .,~ City Attorney $7,422.99 were approved by the Council of the 8th day of December ,1998 Ruth Hodges Smith City Clerk FORM NO C A 8 REV 3t86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID MINKWITZ ROBERT LYLIE MONTGOMERY ENTERPRISE INC NORFOLK PAINT CO INC R E MICHEL CO INC/ATTN M STEWART NUGENT RAYMOND C O FOUR CHARTERS INC OLIVER KELVIN LEE OWENS PATRICIA O PANCOAST STEVEN PARKER JOSEPH E JR PARSONS L R/MICKIEWlCZ PICKETT DONALD/CARIDAD C PITTMAN DOROTHY A QUINTEX MOBILE COMMUNICATIONS ROBINSON ISAIAH N ROY R J/YETTA D RUNNYMEDE CORP THE SATTIE JAMES J SOQUET KENNETH R/BRENDA STALLINGS OIL COMPANY WANG YU SHUAN WEATHERS RUDY A WHITE CARL G WINDLEY BEVERLY Y 1998 05/06/98 10.00 0.50 10.50 1998 03/05/98 7.71 0.38 8.09 1998 01/30/98 50.00 2.50 52,50 1996-1998 AUDIT 240.55 33.19 273.74 1998 05/28/98 55.75 2.23 57.98 1998 03/12/98 5.00 0.25 5.25 1998 01/27/98 10.00 0.50 10.50 1998 01/22/98 10.00 0.50 10.50 1998 11/20/98 2.29 0.00 2.29 1998 03/10/98 4.00 0.20 4.20 1998 05/01/98 10.00 0.50 10.50 1998 08/05/98 5.80 0.11 5.91 1998 02/24/98 10.00 0.50 10.50 1998 01/30/98 10.00 0.50 10.50 1998 11/03/98 2.09 0.00 2.09 1998 03/10/98 10.00 0.20 10.20 1998 05/08/98 7.00 0.35 7.35 1998 02/26/98 10.00 0.50 10.50 1998 03/05/98 4.00 0.20 4.20 1996-1998 AUDIT 1,637.52 586.71 2,224.23 1995-1996 AUDIT 147.76 0.00 147.76 1998 08/11/98 2,33 0.04 2.37 1998 11/20/98 10.00 0.00 10.00 1998 03/13/98 4.00 0.20 4.20 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $2,895.86 8th Certified as to payment: 'Philip '~. Kell~t~ - Commissioner of the Revenue Approved as to form: 'E'e~lie L. L~lley- / Oity Attorney ~ were approved by the Council of the day of December ,19 98 Ruth Hodges Smith City Clerk NAME AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE YEAR PAID BASE INTEREST TOTAL BOSTIC JAMES B/LOIS D C & K SYSTEMS INC CABLE COMMUNICATIONS INC CAR II BEAN SUN INC CHINA COMBO EXPRESS INC CLARK DON DOLLAR GENEREAL CORPORATION E D WHITE CORP EASTGATE AUTO BROKERS FRANCO GENE G HELP UNLIMITED SMALL BUSINESS HODGE KAY L J & M COMMERCIAL CLEANING SERVICE INC KELLEY FRANK L KELLY ROSALIE H KRAUSS CONSTRUCTION CO INC KRULL RONALD D LAWRENCE JOSEPH/RUSSELL RICHARD LEARN WELL INC LITTLE CHINA RESTAURANT INC LITTLE ROSE TAYLOR LOCKWOOD VERONICA M LONG JEWELERS INC MABINE FAMILY INC MASON CLYDE L/WORRELL DEBORA MASTERSON PATRICK C MCDONALDS RESTAURANT OF VA INC MID ATLANTIC DIVE CENTER INC 1996-1997 AUDIT 323.33 48.48 371.81 1995-1996 AUDIT 1,312.96 88.89 1,401.85 1998 AUDIT 1,009.31 0.00 1,009.31 1996-1997 AUDIT 10.48 2.27 12.75 1996-1997 AUDIT 33.23 0.00 33.23 1996-1998 AUDIT 334.96 79.53 414.49 1998 03/05/98 244.67 12.23 256.90 1998 07/08/98 t 0.00 O. 30 10.30 1998 05/05/98 10.00 0.50 10.50 1998 11/24/98 3.31 0.00 3.31 1998 03/18/98 30.00 1.50 31.50 1998 01/20/98 15.00 0.75 15.75 1998 03/31/98 10.00 0.50 10.50 1998 02/26/98 72.24 3.61 75.85 1998 05/07/98 14.20 0.71 14.91 1998 02/03/98 10.00 0.50 10.50 1998 03/31/98 6.44 0.32 6.76 1998 03/20/98 10.00 0.50 10.50 1998 03/10/98 9.90 0.49 10.39 1998 02/25/98 239.43 11.97 251.40 1998 01/12/98 10.00 0.50 10.50 1998 04/25/97 10.00 1.40 11.40 1998 06/08/98 69.52 2.78 72.30 1998 02/27/98 10.00 0.50 10.50 1998 01/23/98 10.00 0.50 10.50 1998 05/04/98 10.00 0.50 10.50 1998 02/23/98 54.99 2.74 57.73 1998 03/10/98 3.20 0.16 3.36 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $4,149.30 8th Certified as to~ pa~.y~/t.), .~ ]ilip J. Kell~m - Commissioner of the Revenue Approved as to form: e~lie L. Lille¢ '/ ~ City Attorney ~ were approved by the Council of the day of December ,19 98 Ruth Hodges Smith City Clerk Item V-J. PUBLIC HEARING PLANNING - 35 - ITEM # 44409 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1 RICHARD KRAHENBILL, JR. AND REAL INVESTMENTS AND REAL INVESTMENTS STREET CLOSURE 2. LARRY MEYERS AMENDMENT TO GREEN RUN LAND USE PLAN 3. EARL SCHEIB OF VIRGINIA, INC. CONDITIONAL USE PERMIT 4. VICTOR Y BAPTIST CHURCH CONDITIONAL USE PERMIT 5. CHURCH OF THE HOLY FAMIL Y- FA THER RICHARD MOONEY CONDITIONAL USE PERMIT 6. HOME DEPOT U.S.A., INC. CHANGE OF ZONING 7. WILLIAM R. HALL, JR. VARIANCE 8. THE CITY OF VIRGINIA BEACH STREET CLOSURES 9. THE CITY OF VIRGINIA BEACH AMEND Section 115 of the City Code Chesapeake Bay Preservation Area Ordinance AMEND Section 104 of the City Zoning Ordinance and ADD Section 217 re civil penalties December 8, 1998 Item V-J.. PUBLIC HEARING PLANNING - 36- ITEM # 44410 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED in one motion Items 1 (DEFERRED), 2, 4, 5, 8 (DEFERRED) and 9a. (VERSION B) and 9b. of the PLANNING B Y CONSENT. Items 1 was DEFERRED, BY CONSENT, until the City Council Session of January 12, 1999. Item 8 was DEFERRED, BY CONSENT, until the City Council Session of January 12, 1999. Item 9a. - VERSION B ADOPTED, BY CONSENT. Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Harold Heischober, Barbara 3,[. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and,4. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-J. 1. PUBLIC HEARING PLANNING -37- ITEM# 44411 Upon motion by Councilman Jones, seconded by Councilman Branch. City Council DEFERRED TO THE January 12, 1999, City Council Session: Applications re Providence Road and Old Princess Anne Road (KEMPSVILLE - DISTRICT2): AND, Application of Richard Krahenbill, Jr., and Real Investments, Inc. for the discontinuance, closure and abandonment of a portion of unimproved Providence Road, beginning at the Western boundary of Old Princess Anne Road and running Easterly 399.10 feet along the Northern boundary of Providence Road. Said parcel contains 20, 526square feet. KEMPSVILLE- DISTRICT 2 ORDINANCE UPON APPLICATION OF REAL INVESTMENTS, INC., A VIRGINIA CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-lO to CONDITIONAL R- 7. 5. Ordinance upon application of Real Investments, Inc., a Virginia Corporation for a Change of Zoning District Classification from R-10 Residential District to Conditional R-7.5 Residential District at the Northwest intersection of Old Princess Anne Road and Providence Road. The proposed zoning classification change to R-7.5 is for single family residential land use on lots no less than 7,500 square feet. The Comprehensive Plan recommends use on lots no less than 7, 500 square feet. The Comprehensive Plan recommends use of this parcel for suburban residential~low density that is compatible with single-family use in accordance with other Plan policies. Said parcel is located at 4509 Old Princess Anne Road and contains 3.4 acres. KEMPSVILLE - DISTRICT 2. 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-,L2. PUBLIC HEARING PLANNING - 38- ITEM# 44412 Upon motion by Councilman Jones, seconded by Councilman Branch. City Council ADOPTED the Ordinance upon application of LARRY MEYERS for an Amendment to the Green Run Land Use Plan: ORDINANCE UPON APPLICATION OF LARRY MEYERS FOR AN AMENDMENT TO THE GREEN RUN LAND USE PLAN TO ALLOW AN AUTOMOBILE REPAIR FACILITY (ALL TUNE & LUBE) Z012981121 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Larry Meyers for an Amendment to the Green Run Land Use Plan to allow an automobile facility (All Tune & Lube) on the west side of Lynnhaven Parkway north of Princess Anne Road. Said parcel is located at 1943 Lynnhaven Parkway and contains 29,098 square feet. DISTRICT 3 - ROSE HALL. The following conditions shall be require& 1. The proposed addition shall match the color scheme and structural design of the existing structure. This site must be developed and the landscaping must be installed in accordance to the site plan titled "G.K. Scott, Architect PM Landscaping, "dated 23 October 1998, submitted and on file in the Planning Department. 3. At no time will outside storage of inoperative vehicles, equipment or automotive parts be allowed on the premises. All repairs and services will be limited to those uses allowed for an "automobile repair establishment or automotive service establishment" as defined in the City Zoning Ordinance. 5. All repairs or services will be conducted inside the building. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of December, Nineteen Hundred and Ninety-Eight. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 - 39- Item V-J. 3. PUBLIC HEARING ITEM # 44413 PLANNING Attorney Billy Garrington, Phone: 626-6311, represented the applicant Charles Malbon, 1124 Abingon Road, Phone: 422-1774, landowner, spoke in SUPPORT of the application. Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon Application of EARL SCHEIB OF VIRGINIA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EARL SCHEIB OF VIRGINIA, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE R012982238 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Earl Scheib of Virginia, Inc. fora Conditional Use Permit for an automobile repair garage on the West side of Diamond Springs Road at its intersection with Northampton Boulevard. Said parcel is located at 1321 Diamond Springs Road and contains 3.4 acres (BA YSIDE - DISTRICT 4).] The following conditions shah be required: The building shah be painted in the "Earl Scheib "paint scheme of white, blue and gold. The parking lot shah be restriped to indicate fifty-seven (57) parking spaces, including three (3) handicap-accessible spaces. Foundation screening shah be provided in the form of planters along the Diamond Springs Road frontage and a continuous hedge screening along the Northampton Boulevard frontage. Street frontage shrubs shah be installed in the grass area between the sidewalk and parking lot along Diamond Springs Road. The freestanding sign shah be removed from the right-of-way and brought into conformance with the City Zoning Ordinance. AH repair shah be performed inside the building. No storage of inoperative or dismantled vehicles will be permitted. Hours of operation shah be Monday through Friday, 7:30 AM to 6.'00 PM; Saturday, 8:00 AM to 6.'00 PM; and, closed on Sunday This Ordinance shah be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of December. Nineteen Hundred and Ninety-Eight. December 8, 1998 Item V-J. 3. PUBLIC HE~4RING PL,4NNING - 40- ITEM # 44413 Voting: 7-2 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: Vice Mayor William D. Sessoms, Jr. Councilman Harrison ABSTAINED as his law firm provides legal services to the landowner, CRM LLC. December 8, 1998 - 41 - Item V-J. 4. PUBLIC HEARING ITEM # 44414 PLANNING Upon motion by Councilman Jones, seconded by Councilman Branch, City CounciI ADOPTED an Ordinance upon application of VICTORY BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VICTORY BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHUR CH AND A DA Y CARE CENTER R012982239 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Victory Baptist Church for a Conditional Use Permit for a church and a day care center on certain property located on the west side of Indian River Road beginning at a point 2000.feet more or less south of Elbow Road. Said parcel contains 10 acres. DISTRICT 7 - PRINCESS ANNE. The following conditions shah be required: Because the Southeastern Greenbelt and Parkway will impact the rear portion of this site, no permanent structures will be allowed to be constructed within 300feet of the rear property line. Development of the church shall substantially adhere to the site plan by Verebely and Associates entitled, "Church Facility for Victory Baptist Church," dated 25 September 1998 and on file with the Planning Department. The architecture of the proposed church shah substantially adhere to the rendering by Verebely and Associates entitled, "Church Facility for Victory Baptist Church," dated 25 September 1998 and on file with the Planning Department. Building materials and colors shah consist of red colonial brick on the front portion of the church. The main building for Phase I will be dark brown pre- engineered metal. All roofing will be dark brown metal and trim will be dark brown. Phases II, III and IV will be red colonial brick. As these additions are added, the pre-engineered metal building will be covered so that the entire structure will have a brick facade upon completion of all phases. 4. No modular building shall be erected on the site at any time. This Ordinance shah be effective in accordance with Section 107 0') of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth o£December, Nineteen Hundred and NinetF-Eight. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 - 42 - Item V-J. 5. PUBLIC HEARING ITEM # 44415 PLANNING Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of CHURCH OF THE HOLY FAMILY, FATHER RICHARD MOONEE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHURCH OF THE HOLY FAMILY, FATHER RICHARD MOONEY, FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) R012982240 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Church of the Holy Family, Father Richard Mooney, for a Conditional Use Permit for a church (expansion) at the southeast intersection of North Great Neck Road and First Colonial Road. Said parcel is located at 12 79 North Great Neck Road and contains 9. 629 acres. DISTRICT 5 - L YNNHA VEN. The following conditions shall be required: 1. The proposed building must match the materials and architecture . of the existing church to the greatest extent possible. All new lighting for the site must be directed in toward the site and designed and installed so as to prevent glare into the adjacent residential areas to the west and south. 3. The site plan submitted and on file with the Planning Department shall be substantially adhered to. A landscape screen of evergreen trees (a minimum offive to six feet (5'-6') at planting and spaced fifteen feet (15') apart (on center), matching the existing species; must be installed along the 140feet of the West and North property lines, beginning at the Northwest corner of the property. This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth oflDecember, Nineteen Hundred and Ninety-Eight. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-J. 6. - 43 - PUBLIC HEARING PLANNING ITEM # 44416 Randy Royal, Engineering Services - 3351 Stoneshore Road, Phone: 468-6800, represented the applicant Upon motion by Council Lady Eure, seconded by Councilman Harrison, City Council DEFERRED INDEFINITEL Yah Ordinance upon application of HOME DEPOT, U.S.A., INC.. for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF HOME DEPOT, U.S.A., INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM R-5D TO CONDITIONAL B-2 Ordinance upon application of Home Depot, U.S.A., Inc. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District on certain property located at the southeast intersection of Princess Anne Road and Lynnhaven Parkway. The proposed zoning classification change of Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban employment use in accordance with other Plan policies. Said parcel contains 18.82 acres. DISTRICT 1 - CENTER VILLE. Voting: 9-0 (By ConsenO Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and Linwood O. Branch, III December 8, 1998 Item V-J. 7. PUBLIC HEARING PLANNING - 44 - ITEM # 44417 Hahns L. Copeland, , 343 Fairfax Avenue, Norfolk, Virginia 625-7677, represented the applicant Mark A. Rusnak, 505 South Independence Boulevard, Phone: 490-7300, Re/Max Central The .following registered in OPPOSITION: Rob Golf 5401 Hargrove Boulevard, Phone: 424-1331 Karen Mitchum, 632 Whitehurst Landing Road, Phone: 420-4250, represented the Fairfield Shores Civic League. Upon motion by Councilman Weeks, seconded by Councilman Harrison, City Council DENIED the application of WILLIAM R. HALL, JR. for a Variance to Section 4.4(b) of the Subdivision Ordinance, all newly created lots must meet all requirements of the City Zoning Ordinance (CZO) : Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William R. Hall, Jr., Property is located at 701 Whitehurst Landing Road. DISTRICT 2 - KEMPSVILLE. Voting: 9-1 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William ~ Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-J. 8. PUBLIC HEARING PLANNING - 45 - ITEM # 44418 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED to the City Council Session of January 12, 1999, Petitions of THE CITY OF VIRGINIA BEACH, for the discontinuance, closure and abandonment of portions of the following: Application of the City of Virginia Beach for the discontinuance, closure and abandonment of Virginia Place, beginning at the Eastern boundary of Washington Avenue and running in an easterly direction a distance of 160. 78feet along the Northern property line, 40. 41feet along the eastern property line, 155. 04feet along the southern property line and 40feet along the east side of Washington Avenue. Said parcel contains 6, 316square feet. DISTRICT 6- BEACH. Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a 20-foot alley located between Virginia Beach Boulevard and 18tn Street, beginning at the Western boundary of Cypress Avenue andrunning Westerly 200. 07feet. Saidparcel contains 3, 997square feet. DISTRICT 6- BEACH. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-J. 9 PUBLIC HEARING PLANNING - 46- ITEM # 44419 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: (VERSION B) Ordinance to AMEND Section 115 of the City Code, ADDING civil penalties and charges for violations of the Chesapeake Bay Preservation Area Ordinance (Appendix F). Ordinance to AMEND Section 104 of the City Zoning Ordinance (CZO); and, ADD a new Section 217 establishing civil penalties re violation of certain ordinances regulating signs Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.,McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING CIVIL PENALTIES AND CIVIL CHARGES FOR VIOLATIONS OF THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE (APPENDIX F) SECTION AMENDED: § 115 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 115 of the Chesapeake Bay Preservation Area Ordinance is hereby amended and reordained to read as follows: Sec. 115. Violations; penalties. (A) A violation of any of the provisions of this ordinance shall be a misdemeanor punishable by a fine in an amount not exceeding one thousand dollars ($1,000.00) or confinement in jail for a period not exceeding twelve (12) months, either or both. (B) (1) Without limitinq the remedies which may be obtained under this ordinance, any person who violates any provision of this ordinance or who violates, fails, neglects, or refuses to obey any variance or permit condition authorized under .this ordinance shall, upon such finding by the circuit court, be assessed a civil penalty not to exceed five thousand dollars ($5,000) for each day of violation. Such penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the city for the purpose of abating environmental damage to or restorinq Chesapeake Bay Preservation Areas within' the city, in such a manner as the court may direct by order, except that in the event the city or its agent is the violator, the court shall direct the penalty to be paid into the State treasury. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 (2) Without limiting the remedies which may be obtained under this ordinance, and with the consent of any person who has violated any provision of this ordinance, or who has violated, failed, neglected, or refused to obey any variance or permit condition authorized under this ordinance, the Board may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000) for each violation. Such civil charges shall be paid into the treasury of the city for the purpose of abating environmental damaqe or restoring Chesapeake Bay Preservation Areas in the city, except that in th~ event the city or its agent is the violator, th~ civil charges shall be paid into the Stat~ treasury. Civil charqes shall be in lieu of any appropriate civil penalty that could be imposed under subdivision (1) of this subsection. Civil charges may be in addition to the costs of any restoration required by the Board. ~, (C) In addition to, and not in lieu of, the penalties prescribed in subsection~ (A) and (B) hereof, the city may apply to the circuit court for an injunction against the continuing violation of any of the provisions of this ordinance and may seek any other remedy authorized by law. (C) (D) Upon notice from the city manager or his or her desiqnee that any activity is being conducted in violation of any of the provisions of this ordinance, such activity shall 62 63 64 65 66 67 68 69 immediately be stopped. An order to stop work shall be in writing and shall state the nature of the violation and the conditions under which the activity may be resumed. No such order shall be effective until it shall have been tendered to the owner of the property upon which the activity is conducted or his agent or to any person conducting such activity. Any person who shall continue an activity ordered to be stopped, except as directed in the stop-work order, shall be guilty of a violation of this ordinance. 70 71 Adopted by the City Council of the City of Virginia Beach on this 8th day of December, 1998. 72 73 74 CA-7013 DATA/ODIN/PROPOSED/50-115B.ORD R3 - PREPARED: November 24, 1998 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND AND REORDAIN SECTION 104 OF THE CITY ZONING ORDINANCE PERTAINING TO VIOLATIONS AND PENALTIES AND TO ADD A NEW SECTION 217 PERTAINING TO CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN SIGN REGULATIONS SECTION AMENDED: SECTION ADDED: CZO SECTION 104 CZO SECTION 217 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 104 of the City Zoning Ordinance is hereby amended and Section 217 of the City Zoning Ordinance is hereby added to read as follows: Sec. 104. Violations and penalties. Except as set forth in Section 217 of this ordinance, A~ny person who violates any of the provisions of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this ordinance, within a time period established by the court. Failure to remove or abate a violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00) and any such failure during any succeeding thirty-day period shall constitute a separate misdemeanor offense for each thirty-day period punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Sec. 217. Civil Penalties. (a) Any person who constructs, places, erects or displays a sign in violation of any of the provisions of this ordinance shall be assessed a civil penalty in the amount of One Hundred Dollars ($100.00) for the initial summons and not more than One Hundred and Fifty Dollars ($150.00) for each additional summons. The assessment of a civil penalty shall not preclude the institution of a civil action by the zoning administrator pursuant to Section 103(a) of this ordinance, but no such violation shall, unless it. results in injury to any person, be prosecuted as a criminal misdemeanor. (b) The zoning administrator or his or her designee may issue a civil summons as provided by law for a violation Any person summoned or issued a ticket for a violation may make an appearance in person or in writing by mail to the city treasurer prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same riqht of appeal as provided by law. In any trial for a violation, it shall be the burden of the zoning administrator or his or her desiqnee to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. 59 60 61 62 63 64 65 66 67 68 69 70 (c) Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of Three Thousand Dollars ($3,000.00). (d) This section shall not apply to (i) activities related to land development; (ii) violations of Sections 215 and 216 of this ordinance; (iii) violations relatinq to the posting of siqns on public property or public rights-of-way; or (iv) violations resulting in injury to any person or persons. 71 72 73 74 75 76 77 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th day of December, 1998. CA-7128 DATA/ODIN/PROPOSED/45-0217.0RD R2 PREPARED: OCTOBER 13, 1998 Item V-L. 1. APPOINTMENTS - 47- ITEM # 44420 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS.. PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION RESORT AD VISOR Y COMMISSION TIDEWATER TRANSPOR TA TION DISTRICT COMMISSION December 8, 1998 Item V-K.2. APPOINTMENTS - 48- ITEM # 44421 Upon NOMINATION by Councilman Harrison, City Council REAPPOINTED: (BUILDING MAINTENANCE DIVISION) Ruth ~ Bell Jimmie A. Koch Vincent R. OHvieri (Two Year Terms (01/01/99 - (12/31/2ooo (ELECTRICAL DIVISION- MASTER ELECTRICIANS) Archie R. Smith Robert H. Smith, Jr. Richard Thomas James S. Witcher (Two Year Terms (01/01/99 (thru (I2/31/2000 William M. Davenport Darrel d. Hughes Frank L. Mathews Donald R. Trueblood Robert L. Yoder (NEW CONSTR UCTION DIVISION) Surveyor/Land Planner State Reg. Licensed General Contractor Building Supply Business State Reg. Professional Engineer/Design State Reg. Licensed Architect (Two Year Terms ( (01/01/99 (thru (12/31/2000 Richard S. Corner William L. Hendricks Donald D. Jones, Jr. Peter C. Striffler James D. Wells (PLUMBING AND MECHANICAL DIVISION) Licensed/Reg. Architect Licensed/Reg. Master Mechanical Worker Licensed/Reg. Master Plumber Licensed/Reg. Engineer Licensed/Reg. Building Contractor (Two Year Terms ( (01/01/99 (thru (12/31/2000 BOARD OF BUILDING CODE APPEALS Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-K. 3. APPOINTMENTS - 49- ITEM # 44422 Upon NOMINATION by Councilman Harrison, City Council REAPPOINTED: Anne Henry Three Year Term 01/01/99 - 12/31/2001 CHESAPEAKE BAY PRESER VA TION AREA BOARD Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-K.3. APPOINTMENTS - 50 - ITEM # 44423 Upon NOMINATION by Councilman Harrison, City Council REAPPOINTED: Joseph C. Webb III James Edward Wood Three Year Term (01/01/99- 12/31/2001 COMMUNITY POLICY AND MANAGEMENT TEAM (CSA At-Risk Youth and Families Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. 34. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-K. 4. APPOINTMENTS - 51 - ITEM # 44424 Upon NOMINATION by Councilman Harrison, City Council: Voting: 10-0 APPOINTED: REAPPOINTED: Martha J. McClees "Consumer" Three Year Term 01/01/99- 12/31/2001 J. Henry McCoy, Jr. William Taylor Morrison Stanley Whitfield Sawyer Three Year Term 01/01/99- 12/31/2001 COMMUNITY SER VICES BOARD Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-K.$. ~4PPOINTMENTS - 52 - ITEM # 44425 Upon NOMINATION by Councilman Harrison, City Council: APPOINTED: Donna Brewer Bonney Paul Capito Three Year Terms 01/01/99 - 12/31/2001 REAPPOINTED: Betty Pitt Cimmino Three Year Term 01/01/99 - 12/31/2001 FRANCIS LAND HOUSE BOARD OF GOVERNORS Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf,, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. $essoms, Jr. December 8, 1998 Item V-K. 6. - 53 - APPOINTMENTS ITEM # 44426 Upon NOMINATION by Councilman Harrison, City Council APPOINTED: Sheila Ferguson Unexpired thru 08/31/2001 P/IRKS/IND RECRE/I TION COMMISSION Voting: 10-0 Council Members Voting Aye: l`inwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, l,ouis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and,4. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 8, 1998 Item V-N. - 54 - ADJOURNMENT ITEM # 44427 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ~4DJOURNED at 3:35 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 8, 1998 Item V-N. - 54- ADJOURNMENT ITEM # 4442 7 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:35 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E~ Oberndorf i Mayor City of Virginia Beach Virginia December 8, 1998