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HomeMy WebLinkAboutDECEMBER 16, 1997 MINUTES it.y of "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM D SESSOMS JR At Large JOHN A BAUM Blackwater Borough LINWOOD 0 BRANCH III V~rgmza Bea(h Bo)ough WILLIA'vl W HARRISON JR Lvnnhaven Borough HAROLD HEISCHOBER At Large BARBARA M HENLEY Pungo Borough LOUIS R JONES Bays~de Borough REBA S MtCLANAN Princess Anne Borough NANCY K PARKER At Large LOUISA M STRA YHORN Kempstnlle Borough JAMES K SPORE, Cay Manager LESLIE L LILLEY Cay Attorney RUTH HODGES SMITH CMC / AAE, C~ty Clerk CITY COUNCIL AGENDA CI FY HALL BUILDING 2401 COURTHOUSE DRIVE ~.qRGINIA BEACH VIRGINIA 23456 9005 (757) 427 4303 December 16, 1997 CITY COUNCIL PLANNING SESSION 8:30 AM- 3'30 PM PAVILION I. REVIEW OF AGENDA ITEMS - Conference Room - 4:00 PM II. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend G. Keith Almond Community 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, Ge H, K, MINUTES 1. INFORMAL & FORMAL SESSIONS - December 9, 1997 AGENDA FOR FORMAL SESSION CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the or&nary course of business by City Counctl to be enacted by one motion. PRESENTATION , RECOGNITION: Dr. Donald A. Peccia, Virginia Beach Schools Associate Superintendent, Department of Budget, Finance and Technology PUBLIC HEARINGS 1. REDISTRICTING: NAMES for Numbered Residence Districts 2. SALE OF EXCESS PROPERTY: FERRY POINT ROAD, NEWLIGHT 3. BILLBOARD AMORTIZATION PROPOSED AMENDMENT TO CITY CHARTER 4. TAX EXEMPTION: REAL AND PERSONAL PROPERTY a. BETH SHOLOM HOME OF EASTERN VIRGINIA ORDINANCES . Ordinance to AMEND and REORDAIN Ordinance Number 96-2370B (adopted 6 February 1996) re associating names with each of the seven numbered Residence Districts: District 1 Centerville District 2 Kempsville District 3 Rose Hall District 4 Bayside District 5 Lynnhaven District 6 Beach District 7 Princess Anne . Ordinance to declare 0.21 acre as EXCESS PROPERTY on Ferry Point Road, Newlight Subdivision; and, authorize The City Manager dispose of same in sale to adjacent property owners (KEMPSVILLE BOROUGH). e Ordinance to AMEND and REORDAIN Section 2-396 of the Code of Virginia Beach re composition and organization of the Planning Commission as related to the new Redistricting Districts. , Ordinance to AMEND and REORDAIN Ordinance Number 2200D (adopted 5 January 1993) re the Community Organization Incentive Grant Program (COIG) Review and Allocation Committee by renaming the Program to Community Organization Grant (COG); and, establishing new procedures for providing funds to non-profit organizations. . Ordinance to ACCEPT and APPROPRIATE $585,800 from the Virginia Tourism Corporation to the FY 1997-1998 Operating Budget of the Department of Convention and Visitor Development re developing partnerships and innovative ways to increase out-of- market visitation to Virginia Beach and Virginia; and, increase estimated revenues accordingly. . Ordinance to establish Capital Project (CIP #9-302), RUDEE LOOP Development; TRANSFER $206,000 from the Tourism Growth Investment Fund (TGIF) Reserve for Contingencies; and, authorize the City Manager execute an Option Agreement between the City of Virginia Beach and Robert Herman Properties, L.L.C., Herman, Inc. and Robert Herman, extending the option provided sufficient funds have been appropriated therefore. . Ordinance to authorize temporary encroachments into a portion of a drainage easement adjacent to Wolfsnare Lake at 936 General Stuart Drive by User Technology Associates, Inc. re construction and maintenance of a bulkhead and pier. . Ordinance to increase the City's monthly contribution to employees for health care benefits from $170 to $175 per month, effective 1 January 1998, and that this increase be funded through existing departmental appropriations. 9. Ordinance to authorize license refunds in the amount of $19,868.10. L. RESOLUTIONS . Resolution to request the General Assembly AMEND Section 15.2-202 of the City of Virginia Beach Charter re amortization of billboards within the City. . Resolution re support for legislation to designate real and personal property owned by Beth Sholom Home of Eastern Virginia TAX EXEMPT from State and Local Real and Personal Property. . Resolutions re issuance by the City of Virginia Beach Development Authority of Industrial Development Revenue Bonds: Founder's Village 2F Realty Company and Neptune Fisheries, Inc. Not to exceed $125,000,000 Not to exceed $ 6,500,000 M. PUBLIC HEARING- PLANNING 6:30 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. . Petition of JAMES M. BEVERLY for the discontinuance, closure an0 abandonment of a portion of Fifteenth Street, variable in width, beginning at the Western boundary of Arctic Avenue and nmning in a Westerly direction a distance of 241.94 feet along the Northern boundary of Fifteenth Street (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL . . . . . Application of LENWOOD B. and ROBIN S. IRELAND for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision meet all requirements of the Zoning Ordinance at 924 Sparrow Road East (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of ENOCH BAPTIST CHURCH for a Conditional Use Permit for a church on the South side of Moore's Pond Road, 583.72 feet East of Baker Road (5641 Moore's Pond Road), containing 3.314 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOCIATION, INC. for a Conditional Use Permit for a communi _ty pier on the East side of Sandpiper Road, South of Kabler Road (3665 Sandpiper Road), contaimng 62.573 acres (PUNGO BOROUGH). Staff Recommendation: Planning Commission Recommendation: INDEFINITE DEFERRAL DENIAL Apphcation of DIAMOND SPRINGS SHOPPES ASSOCIATES for a Conditional Use Permit for gasoline pumps in conjunction with a convenience store at the Southeast intersection of Diamond Springs Road and Shell Road (1270 Diamond Spnngs Road), containing 2.23 acres (BAYSIDE BOROUGH). Recommendation: DENIAL Ordinance to AMEND Section 501 of the City Zoning Ordinance to allow commuter or satellite parking as a conditional use w~thin residential zoning d~stricts, subject to certain hmitations. Recommendation: APPROVAL N. APPOINTMENTS PLANNING COMMISSION O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call. TDD only 427-4305(TDD - Telephomc Dewce for the Deaf) 12/11/97 AGENDA\ 11-16-97 PLN www wrg~ma-beach va us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 16, 1997 Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION tn the Counctl Conference Room, Ctty Hall Buildtng, on December 16, 1997, at 9 O0 A M Counctl Members Present John A Baum, Linwood 0 Branch, III, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Absent Wtlham W Harrison, Jr [ENTERED 4 52 P M] Nancy K Parker [ENTERED 4.30 P.M.] Loutsa M Strayhorn [ENTERED 4 10 P M] -3- AGENDA RE VIE W SESSION ITEM # 42984 Councd Lady Henley expressed concern relattve constdering thts ttem separate from the Operattng Budget K 8. Or&nance to tncrease the Cay's monthly contnbutton to employees for health care benefits from $170 to $175 per month, effective I January 1998, and that thts increase be funded through extstmg departmental appropnattons Council Lady Henley tnqmred ~f negotiattons could be far enough ahead to be aware of these benefits as she ts concerned there wdl be major increases T&s year tt may be absorbed through extsttng departmental appropnattons However, other years thts mt#bt not be the case. Council Lady Henley wtshed the pohcy question be addressed so City Councd ts not faced wtth this every year The City Manager beheved thts was an excellent suggestton Fortunately, durtng the last three years there have not been any increases Vtce Mayor Sessoms advised Dr Donald A Peccta, Assoctate Supertntendent- Vtrgtma Beach Schools, negottated the health care contracts TRIGON acknowledged a very good relattonshtp and respect for Dr Peccta Councd Lady McClanan tnqutred relattve the status of the #1.5-MILLION court settlement wtth TRIGON. The Ctty Manager advtsed the School's portton wtll be tn the general fund to be utthzed for some type of benefits The City Manager advtsed every employee recetves a data sheet listing thetr salary and the cost of all the benefits received Councd Lady Henley suggested these benefits, as well as increases tn salartes, should be &scussed durtng the Budget process. Mayor Oberndorf advtsed this was dtscussed a few years ago. The TRIGON representattves advtsed they operate on the calendar year and the Ctty operates on the fiscal year Therefore, the tnsurance tncrease would come tn the mtddle of the Ctty's budget year ITEM # 42985 Vtce Mayor Sessoms tnqutred whether there was compensation involved relative the billboards. L 1. Resolutton to request the General Assembly AMEND Sectton 15 2-202 of the Ctty of Vtrgima Beach Charter re amortization of billboards wtthtn the City Deputy City Attorney Macah advtsed amortization serves as a substttute for cash compensatton The Ctty, tf tt desired, could condemn the btllboards Thts amorttzatton will allow the btllboards to rematn for a certain pertod of ttme and recoup the tnvestment in the normal course of dotng bustness In the Federal, as well as State, for Interstate, and National Htghway System Highways, cash compensation ts required The amortization ordinance would not apply to any billboard within 660feet of the main traveled way of any of those highways i.e. Expressway, Northampton Boulevard, 1-64, porttons of Independence Boulevard, Shore Drtve, et cetera. Vtce Mayor Sessoms advtsed speakers are regtstered for thts ttem Counctl Lady Parker advtsed thts is not new legislation Amorttzatton ts utthzed tn other states December 16, 1997 -4- AGENDA RE VIEW SESSION ITEM # 42986 B Y CONSENSUS, thefollowtng ttems shah compose the CONSENTAGENDA ORDINANCES *K10rdtnance to AMEND and REORDAIN Ordtnance Number 96-2370B (adopted 6 February 1996) re assoctattng names wtth each of the seven numbered Residence Districts: Dtstrtct I Centervtlle Dtstnct 2 Kempsvdle Dtstrtct 3 ~(unnamed) District 4 Baystde Dtstrtct 5 Lynnhaven Dtstrtct 6 Beach District 7 Princess Anne K2 Ordinance to declare 0.21 acre as EXCESS PROPERTY on Ferry Point Road, Newlight Subdivision; and, authorize The City Manager thspose of same tn sale to adjacent property owners (KEMPSVILLE BOROUGH) K. 4 Ordinance to AMEND and REORDAIN Ordinance Number 2200D (adopted 5 January 1993) re the Commumty Organtzatton Incentive Grant Program (COIG) Review and Allocatton Committee by renaming the Program to Community Organization Grant (COG), and, estabhshtng new procedures for provtding funds to non-profit orgamzations. K. 5 Ordtnance to ACCEPT and APPROPRIATE $585,800 from the Vtrginia Tourism Corporatton to the FY 1997- 1998 Operattng Budget of the Department of Convention and Visitor Development re developtng partnershtps and innovative ways to mcrease out-of- market wsttatton to Vtrgima Beach and Vtrgtma, and, increase esttmated revenues accordingly K7. Ordtnance to authortze temporary encroachments into a portion ofa dratnage easement adJacent to Wolfsnare Lake at 936 General Stuart Drtve by User Technology Associates, Inc. re constructton and matntenance ora bulkhead and pier (L YNNHA VEN BOROUGH) K8 Ordtnance to tncrease the City's monthly contrtbution to employees for health care benefits from $I 70 to $175 per month, effective 1 January 1998, and that thts increase be funded through extsttng departmental appropriattons. K 90rdtnance to authorize license refunds tn the amount of $19,868.10 December 16, 1997 -5- .4 GENDA RE VIE W SESSION ITEM # 42938 (Continued) RESOLUTIONS L 2. Resolutton re support for legislation to designate real and personal property owned by Beth Sholom Home of Eastern Virginia TAX EXEMPT from State and Local Real and Personal Property L.3. Resolutions re issuance by the City of Vtrginta Beach Development Authority of Industrial Development Revenue Bonds. Founder's Village 2F Realty Company and Neptune Ftshertes, Inc Not to exceed $125,000,000 Not to exceed $ 6,500,000 *Item K 1 wall be ADOPTED BY CONSENT and Dtstrtct 3 wdl remain unnamed and DEFERRED for further action December 16, 1997 -6- AGENDA RE VIE W SESSION ITEM # 4298 7 Councdman Branch chstrtbuted an A~IENDED Condition No. 6 In dtscusstons wtth Pubhc Works, a storm dramage project ts bemg planned for the Beach Borough and thts wdl also retam a utdtty and dratnage easement on that property. MI Petttton of JAMES M. BEVERLY for the dtsconttnuance, closure and abandonment of a portton of Fifteenth Street, variable in width, beginning at the Western boundary of Arcttc Avenue and running in a Westerly dtrectton a distance of 241.94 feet along the Northern boundary of Ftfteenth Street (VIRGINIA BEACH BOROUGH) Karen Lasley, Planmng Coor&nator, advised Councd Lady Parker, the apphcant has addressed the five techmcal concerns outhned tn the Staff evaluatton. The majority of concerns are sattsfied by not closmg the enttre portton as shown on the location map, but just by closing the portton above water The easement will run on the southstde of the lot ITEM # 42988 Council Lady Henley referenced the apphcation is for 163 individual boat docks, whtch ts overwhelmtng Part of the problem ts Back Bay is a sensitive body of water. Council Lady Henley inquired if the Jet Ski Advisory Committee was reviewing Back Bay Vice Mayor Sessoms advtsed Back Bay has been chscussed Delegate Purkey is revtewtng some type of legtslatton for bo&es of water that are close to State or Federal parks where jet skis would not be allowed. M 4 Application of OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOCIATION, INC. for a Conditwnal Usc Permit for a communi~_ pl¢r on the East side of Sandpiper Road, South of Kabler Road (3665 Sandpiper Road), containing 62.573 acres (PVNGO BOROUGH). If Back Bay ts to support wildhfe, there must be a food source, and there cannot be a food source, tf tt ts a body of water that ts just for recreattonal boattng. Someone on a jet sla could easily be tnjured as Back Bay has htstortcally been a duck hunttng area. There are many duck bhnds with underwater poles ITEM g42989 Vtce Mayor Sessoms advtsed thts item wtll be &scussed durtng the Formal Session, as it ts recommended for DENIAL: M5 Application of DIAMOND SPRINGS SHOPPES ASSOCIATES for a Conclttionill Use Pcrmtt for gasohne pumps tn con_tunction wtth a convenience store at the Southeast intersectton of Dtamond Springs Road and Shell Road (1270 Diamond Sprmgs Road), contamtng 2 23 acres (BA YSIDE BOROUGH). ITEM # 42990 Counctl Lady McClanan wtshed to tssue a VERBAL NA Y: M 60r&nance to AMEND Sectton 501 of the Ctty Zoning Ordtnance to allow commuter or satellite parking as a conchttonal use wtthtn restdenttal zoning dtstrtcts, subject to certatn hmttattons Deputy Ctty Attorney Macah advtsed Counctl Lady Parker the satelhte lot where the cars are parked has to service another lot, and that other lot ts where there has to be a 30-space requtrement The satelhte lot would be tn a restdenttal area December 16, 1997 -7- AGENDA RE VIEW SESSION ITEM # 42991 B Y CONSENSUS, the following ttems shall compose the PLANNING B Y CONSENT AGENDA. MI Petttion of JAMES M. BEVERLY for the dt$contmuance, closure (l~d (tb~mdonment of a portton of Fifteenth Street, variable tn width, beginning at the Western boundary of Arcttc Avenue and runnmg tn a Westerly direction a &stance of 241 94 feet along the Northern boundary of Ftfteenth Street (VIRGINIA BEACH BOROUGH). M2 Applicatton of LENWOOD B. and ROBIN S. IRELAND for a Variance to Sectton 4 4(b) of the Subdivtston Or&nance whtch requtres lots created by subdivtston meet all requtrements of the Comprehenstve Zoning Ordmance (CZO) at 924 Sparrow Road East (KEMPSVILLE BOROUGH) M. 3 Application of ENOCH BAPTIST CHURCH for a Condtttonal Use Permtt for a church on the South stde of Moore's Pond Road, 583 72 feet East of Baker Road (5641 Moore's Pond Road), containtng 3.314 acres (BA ¥SIDE BOROUGH). M4 Application of OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOCIATION, INC. for a (fo~dttiona[ Use Pcrmttfor a communiw_ pier on the East side of Sandpiper Road, South of Kabler Road (3665 Sandptper Road), contatning 62573 acres (PUNGO BOROUGH) M6 Ordtnance to AMEND Section 501 of the Ctty Zoning Ordtnance to allow commuter or satellite parking as a conchttonal use within residenttal zoning districts, subject to certatn hmttattons Item M 1. wtll be APPROVED, BY CONSENT, wtth AMENDED Conchtton 6, subject to comphance of condttwns by June 23, 1998 Item M. 4 wtll be DEFERRED INDEFINITEL Y, BY CONSENT. December 16, 1997 -8- CITY COUNCIL CONCERNS 4:42 P.M. ITEM # 42992 Counctlman Baum dtstnbuted a newspaper chpptng from the Wall Street Journal entttled "Southern City Pins Hopes for Status on Sticks and Skates" The arttcle referenced the lack of success of the Raleigh Ice Hockey Thts was promoted by the Vtrgtman-Ptlot and other Regional bodtes as betng a wonderful opportuntty for thts area ITEM # 42993 Mayor Oberndorf advtsed last evemng, December 15, 1997, she spoke with Jtm Babcock The Ctty Manager had forwarded tnformatton relative SMSA being named Hampton Roads, as opposed to betng called the Norfolk/Virginia Beach/Newport News SMSA. Newport News has advised they do not have a problem with thetr name not betng used. Mayor Oberndorf advtsed Mr Babcock the matertal had been presented to Ctty Counctl, however, the Counctl dtd not have an opportumty to chscuss same as a body Mayor Oberndorf requested thts be addressed durtng the Ctty Counctl Sesston of January 6, 1997, wtth Jtm Babcock tn attendance ITEM # 42994 Mayor Oberndorf advtsed the FAA is very much concerned relattve the legislatton Congress ADOPTED allowtng the Federal Government to place towers wherever they wish The FAA prefers to control the hetght based on safety and fltght The FAA does not feel tt has the same type of positive control tt once had and wtsh to have same corrected. Mayor Oberndorf wdl provtde spectfic tnformatton to the Ctty Attorney's office to revtew ITEM # 42995 Councd Lady Parker referenced a Pubhc Information Meeting with the neighborhood relattve the Soccer Issue on January 15, 1997, from 5:00 P.M. to 8:00 P.M The Ctty Manager advtsed Barry Frankenfield - Parks and Recreatton, ts coordtnattng thts meettng ITEM # 42996 Councilman Branch referenced the article relative the tmpass of the dredgtng of the Western Branch of the Lynnhaven River. Deputy Ctty Attorney Macah advised this was a matter for EXECUTIVE SESSION ITEM # 4299 7 Mayor Oberndorf referenced correspondence of the Cay Manager relattve the MAPS (METROPOLITAN AREA PROJECT STRATEGY) COMMITTEE. Thts ts a Rick Harrow tntttattve. Counctl Members Baum and Hetschober wtll serve on thts Commtttee ITEM # 42998 Councdman Hetschober advtsed Bobby Vaughan wdl rettre as the Commtssioner of the Revenue effecttve 31 December 1997 In the past, former Commisstoner Ivan Mapp was presented a Resolutton tn Recognitton Mayor Oberndorf advised she plans to present a PROCLAMATION ITEM # 42999 Mayor Oberndorf advtsed recetpt of correspondence relattve Wetlands Commissioner Colonel Jack Sprague. Because of health reasons, he ts restgningfrom the Wetlands Board December 16, 1997 -9- ITEM # 43000 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, C~ty Hall Buildtng, on Tuesday, December 16, 1997, at 4'52 PM Council Members Present John A Baum, Linwood O. Branch, IIL Wtlham IV. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Councd Members Absent None December 16, 1997 - 10- ITEM # 43001 Mayor Oberndorf entertatned a motton to permtt Cay Councd to conduct tts EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of Virginia, as amended, for the followtng purpose PERSONNEL MAITERS: Discusston or constderatton of or mtervtews of prospecave can&dates for employment, asstgnment, appointment, promotion, performance, demoaon, salartes, &sciphning, or restgnation of spectfic pubhc officers, appointees, or employees pursuant to Sectwn 2 1-344 (A) (1) To Wtt' Appotntments Boards and Commtsstons Planning Commtsston PUBLICLY-HELD PROPERTY Discusston or constderaaon of the condiaon, acquismon, or use of real property for pubhc purpose, or of the &spostaon of pubhcly-held property, or of plans for the future of an msatuaon whtch could affect the value of property owned or destrable for ownershtp by such mstttutton pursuant to Secaon 2 1-344(A)(3) To-Wtt Vtrgtnta Beach Borough Kempsvdle Borough Pnncess Anne Borough LEGAL MA TTERS. Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable littgation, or other spectfic legal matters requesting the prowston of legal adwce by counsel pursuant to Sectton 2 1- 344(A)(7). Ctty of Virginia Beach v Vtrgtnta Marine Resources Commtsston Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Councd voted to proceed tnto EXECUTIVE SESSION. Voting 11-0 Council Members Vottng Aye: John A Baum, Ltnwood O. Branch, III, Wilham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wdham D Sessoms, Jr and Loutsa M Strayhorn Councd Members Vottng Nay: None Councd Members Absent None December 16, 1997 -11- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL December 16, 1997 6:30 P.M. Mayor Meyera E Oberndorf , called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Buddmg, on Tuesday, December 16, 1997, at 6 30 P M Counctl Members Present John A Baum, Ltnwood 0 Branch, III, Wdham W Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdliam D Sessoms, Jr and Loutsa M Strayhorn Councd Members Absent' None INVOCATION. The Reverend G Ketth Almond Commumty Umted Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Central Ftdehty Bank &sclosed there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, esther tnchvtdually or tn hts capactty as an officer of Central Ftdehty Bank The Vtce Mayor regularly makes thts Dtsclosure as he may or may not know of the Bank's interest tn any apphcatton that may come before City Counctl Vice Mayor Sessoms' letter of January 1, 1997, ss hereby made a part of the record December 16, 1997 - 12- Item IV-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 43002 Upon motton by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, Ctty Councd CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public bustness matters lawfully exempted from Open Meettng reqmrements by Vzrgima law were discussed tn Execuuve Sesston to whtch this certificatton resolutton apphes; AND, Only such public bustness matters as were identified tn the motton convemng the Executtve Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Council Voting' 11-0 Council Members Vottng Aye John A Baum, Ltnwood O. Branch, III, Wilham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wtlltam D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Vottng Nay' None Councd Members Absent None December 16, 1997 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 # 43001, Page 10, 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. RUti~ Hodges S~ith~ CMC/AAE City Clerk December 16, 1997 - 13- Item IV-F. 1 MINUTES ITEM # 43003 Upon motton by Vtce Mayor Sessoms, seconded by Councd Lady Strayhorn, Cay Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of December 9, 1997. Vottng: 11-0 Counctl Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wilham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Council Members Vottng Nay' None Councd Members Absent None December 16, 199 7 - 14- Item IV-G ADOPT AGENDA FOR FORMAL SESSION ITEM # 43004 BY CONSENSUS, Ctty Councd ADOPTED: AGENDA FOR THE FORMAL SESSION December 16, 1997 -15- Item IV-J PRESENT`4 TION ITEM # 43005 Mayor Oberndorf lNTRODUCED Dr. Donald,4. Peccia, Virginia Beach Schools ,4ssociate Superintendent - Department of Budget, Finance and Technology. Dr Peccia has been a ctttzen of Vtrgtnta Beach for forty years Dr Peccia expressed apprectatton to Ctty Counctl Ctty Counctl congratulated and wtshed Dr Peccta well tn hts new positton as Supertntendent of Rockville County, Georgia, effecttve January 1, 1998 Mayor Oberndorf presented Dr Peccta with a memento of Virgtma Beach, an Afghan bearing htstortcal symbols of the City Mayor Oberndorf thanked htm for hts tntegrtty and tntellect and hts many unselfish contrtbutions to the Ctty He will certatnly be mtssed Vtrgtnta Beach wtll always be hts home Dr Peccta recetved a standtng ovatton. December 16, 1997 -16- Item IV-J 1. PUBLIC HEARING RESOLUTIONS ITEM # 43006 Mayor Oberndorf DECLARED ~4 PUBLIC HEARING: REDISTRICTING: NAMES for Numbered Residence Districts There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 16, 1997 -17- Item IV-J 2. PUBLIC HEARING RESOLUTIONS ITEM # 43007 Mayor Oberndorf DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY: FERRY POINT ROAD, NEWLIGHT There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 16, 1997 -18- Item IV-J. 3. PUBLIC HEARING RESOLUTIONS ITEM # 43008 Mayor Oberndorf DECLARED A PUBLIC HEARING: BILLBOARD AMORTIZATION PROPOSED AMENDMENT TO CITY CHARTER B H Pat Brtdges, Jr., 557 LongleafRoad, Prestdent- Virgtnia Beach Beauttficatton Commtsston, Phone 340-1829, spoke tn SUPPORT of the Resolutton Attorney Jeremtah Denton, 1060 Laskin Road, Phone. 425-2234, represented Adams Outdoor Adverttstng, and spoke tn OPPOSITION Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 16, 1997 -19- Item IV-J 4 PUBLIC HEARING RESOLUTIONS ITEM # 43009 Mayor Oberndorf DECLARED A PUBLIC HEARING: TAX EXEMPTION: REAL AND PERSONAL PROPERTY BETH SHOLOM HOME OF EASTERN VIRGINIA There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 16, 1997 - 20 - Item IV-K ORD INA NCES/RES OL U TIONS ITEM # 43010 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN ONE MOTION Ordinances 1', 2, 3, 4, 5, 7, 8 and 9, and Resolutions 2 and 3 of the CONSENTAGENDA. *Item 1 will be APPROVED, BY CONSENT with District 3 being UNNAMED and DEFERRED for further action. Suggested names will be received tn the Mayor's office Vottng 11-0 Counctl Members Voting Aye John A Baum, Ltnwood 0 Branch, IIL }Vtlham ~. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Loutsa M Strayhorn Council Members Voting Nay None Counctl Members Absent. None Counctl Members Branch, Henley and McClanan voted a VERBAL NAY on Item K 3 Councd Lady Parker DISCLOSED and ABSTAINED (Item K. 8.) pursuant to Sectton 2 1-639 14(E), Code of Vtrgtnta, she parttcipates in one of the City's health care plans and recetves the monthly contrtbutton toward premtums that are rovtded by the Ctty Although the Ctty Attorney has advtsed her that she ts not requtred to dtsclose thts tnterest as tt does not meet the crtterta of personal tnterest, she wishes to chsclose this interest and ABSTAIN from participating tn this transactton Council Lady Parker's letter of December 16, 1997, ts hereby made a part of the record Counctlman Baum DISCLOSED (Item K 8) pursuant to Section 2 1-639 14(G), Code of Vtrgtnta, he parttctpates tn one of the City's health care plans and receives the monthly contrtbutton toward premtums that are provtded by the Ctty. Although the Ctty Attorney has advised him that he ts not required to disclose thts tnterest as tt does not meet the crtterta of personal tnterest, he wtshes to dtsclose this tnterest and DECLARE that he ts able to parttctpate tn thts transactton fatrly, objecttvely, and tn the pubhc tnterest Counctlman Baum's letter of December 16, 1997, ts hereby made apart of the record December 16, 1997 - 21 - Item IV-K. 1 ORDINANCES/RES OL UTIONS ITEM # 43010 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED, AS AMENDED: Ordinance to AMEND and REORDAIN Ordinance Number 96- 2370B (adopted 6 February 1996) re assoctating names wtth each of the seven numbered Residence Districts Dtstrtct 1 Centervdle Dtstrtct 2 Kempsvdle Distrtct 3 (unnamed)* District 4 Baystde Dtstrtct 5 Lynnhaven District 6 Beach Dtstrtct 7 Prtncess Anne *(Cay Councd deferred namtng Dtstrtct 3) Voting 11-0 (By Consent) Councd Members Voting Aye. John A Baum, Ltnwood 0 Branch, III, Wdliam W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and Louisa M Strayhorn Councd Members Vottng Nay: None Council Members Absent' None December 16, 1997 AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 96-2370B BY ASSOCIATING NAMES WITH EACH OF THE SEVEN NUMBERED RESIDENCE DISTRICTS WHEREAS, during its 1995 Session, the General Assembly amended § 3.01 of the City Charter to provide, among other things, that ~[t]he city shall be divided into seven residence districts of approximately equal population which shall be numbered one through seven;" WHEREAS, pursuant to this Charter amendment, on February 6, 1996, City Council adopted "An Ordinance Establishing the Boundaries, Names, and Numbers of the Seven Residence Districts" (Ordinance No. 96-2370B); WHEREAS, the names established by this ordinance for the seven residence districts were District 1, District 2, District 3, District 4, District 5, District 6 and District 7; and WHEREAS, City Council desires to amend Ordinance No. 96-2370B by associating names with each of the seven residence districts to reflect the history, heritage, and landmarks of the City and the districts, and to make the districts more easily identifiable to the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Ordinance No. 96-2370B, adopted by City Council on February 6, 1996 (as amended on June 11, 1996 [Ordinance No. 96- 2395H]), is hereby amended and reordained by associating names with each of the seven numbered residence districts as follows: District 1 shall also be known as ~Centerville"; District 2 shall also be known as ~Kempsville"; District 3 shall also be known as "(Unnamed) "; District 4 shall also be known as "Bayside"; District 5 shall also be known as "Lynnhaven"; District 6 shall also be known as "Beach"; and District 7 shall also be known as ~Princess Anne." this Adopted by the City Council of the City of Virginia Beach on 16 December day of 1997. CA-6872 DATA/ORDIN/NONCODE/96-2370B.ORD DECEMBER 16, 1997 R2 - 22 - Item IV-K 2. ORDINANCES/RES OL UTIONS ITEM # 43011 Upon morton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to declare 0.21 acre as EXCESS PROPERTY on Ferry Point Road, Newlight Subdivision; and, authortze The Ctty Manager dtspose of same tn sale to adjacent property owners (KEMPSVILLE BOROUGH) Vottng I 1-0 (By ConsenO Council Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wtlliam W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Councd Members Voting Nay. None Counctl Members Absent: None December 16, 1997 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO DISPOSE OF SAME 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 WHEREAS, by Deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginza, in Deed Book 3071, page 2086, the City of Virgmnma Beach acquired title in and to certain real property, a portion of which is descrmbed mn Exhibit A attached hereto; and WHEREAS, the City Council ms of the opinion that the property referenced as "AREA TO BE DECLARED EXCESS 0.21 ACRE" ~n Exhibit A (the "Property") is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COI/NCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the property is hereby declared to be in excess of the needs of the City of Virglnma Beach and that the Cmty Manager is hereby authorized to convey the property or a portion thereof in a manner he deems in the best interest of the C~ty including the rzght to retain easements and other mnterests mnclud~ng, but not limited to, covenants and restrictions that he deems appropriate before the Property is conveyed by quitclazm deed. This ordinance shall be effective from the date of mts adoption. Virginia, on the Adopted by the Council of the City of V~rg~nia Beach, 16 day of December , 1997. 26 27 ORDINkEXCESS.ORD PREPARED' 11/18/97 ~.i.ED AS TO CONTENT l~bhc Works - ' APPROVED AS TO LEGAL ~wSUFFICIEN~' , , October 14, 1997 Ms. Pat De Jesu Real Estate Department City of Va. Beach Municipal Center Va. Beach, VA 23456 Dear Ms. De Jesu: As an owner of property adjacent to the small parcel of City property known as GPIN 1465-19-4020, I do not object to the City selling this parcel to Mr. David Gilbert and Mr. Robert Case. Sincerely, % Mr. David E. Mullis 1200 Oake Hampton Ct. Va. Beach, VA 23464 October 30, 1997 Ms. Pat De Jesu Real Estate Department City of Va. Beach Municipal Center Va. Beach, VA 23456 Dear Ms. De Jesu: As an owner of property adjacent to the small parcel of City property known as GPIN 1465-19-4020, I do not object to the City selling this parcel to Mr. David Gilbert and Mr. Robert Case. Sincerely, Mr. Michael L. Casey 1201 Oake Hampton Ct. Va. Beach, VA 23464 FERRY POINT ROAD (VARIABLE WIDTH - 23 - Item IV-K 3 ORDINANCES/RES OL UTIONS ITEM # 43012 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED, AS AMENDED: Or&nance to AMEND and REORDAIN Sectton 2-396 of the Code of Virgtnia Beach re composttton and orgamzation of the Planning Commission as related to the new Redistricting Districts Vottng 8-3 (By Consent) Counctl Members Vottng Aye. John A Baum, Wtlham W. Harrtson, Jr, Harold Hetschober, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D Sessoms, Jr and Loutsa M. Strayhorn Counctl Members Vottng Nay' Linwood O. Branch, III, Barbara M Henley and Reba S McClanan* Counctl Members Absent None * Verbal Nay December 16, 1997 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-396 OF THE CITY CODE PERTAINING TO THE COMPOSITION AND ORGANIZATION OF THE PLANNING COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-396 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 2-396. Composition; organization; qualifications of members. appointment and The planning commission of the city shall consist of eleven (11) members. One member shall be appointed from among the residents of each of the seven (7) be~m~he residence districts of the city, and the four (4)additional members shall be appointed from the city at large=;provided, however, tha~ at least one (1) of the at-large members shall be appointed from among the residents of the former Pungo or Blackwater Borough. The commission shall be organized as provided by general law. Ail members of the commission shall be appointed by the council and shall be residents of the city, qualified by knowledge and experience to make decisions on questions on community growth and development; provided that at least six (6) of the members so appointed shall be frccholdcrm owners of real proper~y located in the city. Adopted by the City Council of the City of Virginia Beach on this 16 day of December 1997. CA-6876 DATA/ORD IN/PRO POSED / 2 - 396. ORD 12/16/97 R3 APPROVED AS TO LEGAL SUFFICIENCY Department of Law LOCATION MAP SC. ALE: 1" ~ 264(Y SITE © I I C 'Il LOCATION MAP FOR. EXCESS CITY OWNED PROPERTY ADJACENT TO FERRY POINT RD % t t ©© SCALE: 1" = 100' - 24 - Item IV-K 4 ORD INANCES/RES OL U TIONS ITEM # 43013 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordtnance to AMEND and REORDAIN Or&nance Number 2200D (adopted 5 January 1993) re the Commumty Orgamzatton Incentive Grant Program (COIG) Revtew and Allocatton Commtttee by renaming the Program to Community Organization Grant (COG), and, estabhshtng new procedures for provtdtng funds to non-profit orgamzations Voting 11-0 (By Consent) Council Members Voting Aye John A. Baum, Ltnwood 0 Branch, III, Wtlham 1V Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D. Sessoms, Jr and Loutsa M Strayhorn Counctl Members Vottng Nay None Counctl Members Absent None December 16, 1997 AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 2200D PERTAINING TO THE COIG REVIEW AND ALLOCATION COMMITTEE BY RENAMING THE COIG PROGRAM AND ESTABLISHING NEW PROCEDURES FOR PROVIDING FUNDS TO NONPROFIT ORGANIZATIONS WHEREAS, by ordinance adopted January 5, 1993 (Ordinance 9 No. 2200D), City Council created and appointed a Review and 10 Allocation Committee for the Community Organization Incentive 11 Grant (COIG) program; 12 WHEREAS, the Review and Allocation Committee recognizes 13 that it should consider requests for funding in the context of City 14 Council's stated goals; 15 WHEREAS, the Review and Allocation Committee requests 16 that City Council solicit the opinion of the Committee prior to 17 allocating funding outside the COIG annual application process, 18 with any contributions currently awarded directly by the Council to 19 nonprofit organizations to be incorporated into the COIG program; 20 and 21 WHEREAS, the Review and Allocation Committee further 22 requests that the name of the program be changed to the Community 23 Organization Grant(COG)program to reflect the Committee's expanded 24 charge of allocating both incentive and long-term grants. 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 That Ordinance No. 2200D, adopted by the Council on 28 January 5, 1993, and amended by Ordinance No. 2306A on December 12, 29 1994, is hereby amended and reordained as follows: 30 1. The name of the Community Organization Incentive 31 Grant(COIG) program is hereby changed to the Community Organization 32 Grant(COG) program to reflect the Review and Allocation Committee's 33 expanded charge of providing both incentive and long-term grants; 34 2. Whenever a nonprofit organization that is eligible 35 for funding from the COG program requests funding directly from 36 City Council, the COG Review and Allocation Committee shall review 37 and comment on such request prior to City Council's allocation of 38 funds to such organization; 39 3. Any nonprofit organization that receives funding 40 directly from City Council in FY 1997-98 will be incorporated in 41 the COG reporting and payment process, and will be required to 42 compete for funding through the COG program in future fiscal years; 43 and 44 4. The Review and Allocation Committee shall consider 45 all requests for funding within the context of stated Council 46 goals. 47 This ordinance shall be effective from the date of its 48 adoption. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the 16 day of December , 1997. 51 CA-6755 52 ORDIN~NONCODE~COIG. ORD 53 R-2 54 12/09/97 55 56 Approved as to Content: Management Se~ '~cces 57 58 59 6O 61 Approved as to Legal Sufficiency: Department of Law - 25 - Item IV-K 5 ORDINANCES/RESOLUTIONS ITEM # 43014 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordinance to ACCEPT and APPROPRIATE $585,800from the Virginia Tourism Corporation to the FY 1997-1998 Operating Budget of the Department of Convention and Visitor Development re developmgpartnershtps and innovattve ways to tncrease out-of- market vtsttatton to Vtrgmta Beach and Vtrginta, and, increase esttmated revenues accordtngly. Vottng 11-0 (By Consent) Councd Members Voting Aye. John A. Baum, Linwood 0 Branch, III, Wtlham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Council Members Vottng Nay None Councd Members Absent None December 16, 1997 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS IN THE AMOUNT OF $585,800 FROM THE VIRGINIA TOURISM CORPORATION TO THE FY 1997-98 OPERATING BUDGET OF THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT FOR THE PURPOSE OF DEVELOPING PARTNERSHIPS AND INNOVATIVE WAYS TO INCREASE OUT-OF-MARKET VISITATION TO VIRGINIA AND VIRGINIA BEACH 11 WHEREAS, the Commonwealth of Virginia, through the 12 Virginia Tourism Corporation, provides funds to localities to 13 develop innovative ways to increase out-of-market visitation to the 14 Commonwealth; 15 WHEREAS, the Virginia Tourism Corporation has awarded the 16 Department of Convention and Visitor Development funds in the 17 amount of $585,800 for various programs; 18 WHEREAS, these funds require supporting funds from the 19 City which are currently available within the FY 1997-98 Operating 20 Budget of the Department of Convention and Visitor Development for 21 advertising programs; and 22 WHEREAS, the programs to be supported through these funds 23 will enhance tourism in both Virginia Beach and the Hampton Roads 24 Region, and represent a partnership with regional communities and 25 businesses. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 1. That funds in the amount of $585,800 from the 29 Virginia Tourism Corporation are hereby accepted and appropriated 30 to the FY 1997-98 Operating Budget of the Department of Convention 31 and Visitor Development for the purpose of developing partnerships 32 and innovative ways to increase out-of-market visitation to 33 Virginia and Virginia Beach; and 34 2. That estimated revenue from the Commonwealth of 35 Virginia for FY 1997-98 is hereby increased in the amount of 36 $585,800 to reflect the receipt of these funds. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the 16 day of December , 1997 Approved as t~9~ntent 40 41 Approved as to Legal Sufficiency 42 CA-6869 43 ORDIN~NONCODE\ PARTNER. ORD 44 R-2 45 12/09/97 ATTACHMENT Family Fun Package Partners Busch Gardens Williamsburg/Water country USA Hampton Norfolk *V~rginia Beach CVD Virginia Marine Science Museum Children' s Museum of' Virgima Total Budget: $265,000 75,OO0 100,000 150,000 15,000 15.000 $620,000 Sun Splash Package Partners Busch Gardens Wdliamsburg/Water Country USA *V~rgmia Beach CVD Total Budget: $200,000 200,000 $4OO,0O0 Multi-Day Event (Nature-Based Outdoor Recreation) Partners *Virginia Beach CVD Nature based Organizations Corporate Sponsorships Total Budget: $100,000 200,000 $300,000 "Soul of Virginia" Partners *Virginia Beach CVD $ 8,500 AAU Junior Olympics Partners *V~rg~ma Beach CVD The Vacation Store Carnival Cruise Lines Third Party Sponsor Total Budget: $100,000 30,000 10,000 280,000 $420,OOO Per Inqmry Television Partners *Virginia Beach CVD Total Budget: $250,.000 $250,000 * Paid from Marketing Programs Budget VII OINIA IS FOP, LO EP, S' May 7, 1997 Mr. James Ricketts Director Virginia Beach Convention and Visitor Development 2101 Parks Avenue, Suite 500 Virginia Beach, Virginia 23451 1 $1997 TOU~SM Dear Mr. Ricketts: Congratulations! I am pleased to notify you that, after consideration by the Marketing Development Committee of the Virginia Tourism Corporation Board of Directors, the Virginia Beach Convention and Visitor Development's proposal has been selected for funding through the Virginia Cooperative Tourism Advertising Fund for 1997-98. The Virginia Tourism Corporation's funding share for your marketing project will be $179,800. This amount is based on an equitable distribution of $0.29 applied against the applicant's financial commitment. Please sign and return the attached financial commitment and measurement form and return to my attention. After receipt of the form, the Virginia Tourism Corporation will fund its portion of your project after the fiscal year begins, on July 1, 1997. If there is anything that our office can assist you with, please notify me at (804) 786-7996 or you may also E-mail me at AMillex~VEDP.State. VA.US. Otherwise, I will be contacting you soon to set up a meeting to discuss your cooperative marketing program. Thank you for your interest and I look forward to working with you to bring the project to a successful conclusion. Sincerely, · Anne P. Miller Cooperative Advertising Fund Coordinator Attachment Patrick A. McMahon, CTC Gary K. Rosenberg Agphcant/~97-(} 14.-01 Virginia Tourism Coq3oraflon · 901 East B~d Street · R~chmond, Virginia 23219 · 804-786-2051 · FAX 804-786-1919. http//wwwVlRGINIA, org Affiliate of the Vi[g~n~a Ecarx:x~c Development Partnership VIRGINIA IS FOR Virginia Tourism Corporation Ar"FILIATE OF TIlE VIRGINIA ECONOMIC DEVELOPMENT PART~ Cooperative Tourism Advertising Fund FY 1997 - 1998 (July 1, 1997- June 30, 1998) Award Agreement Applicant #: 97-014-01 Applicant Organization/Contact_: Mr. James Ricketts Dtrector Virginia Beach Convention and Visitor Development 2101 Parks Avenue, Suite 500 Vn.gtma Beach, Virginm 23451 Federal Identification Number of Applicant Organization: 540722061 (vendor ~{051050) Description of Marketing Project: "Family Fun" regional vacation package promotion targeting f- ,~ii~travehn,. Targeted m the Northeast, some Midwest and Mid-Atlantic famdy vacauoners using TV/newspaper ,~a.mz~e ads. T~ Store (TVS), PR and da'ect mad program. Amount Applicant will spend on project in FY' 1997 - 1998:S620,000 Amount VTC will spend via Cooperative Tourism Advertising Fund: S179,800 Planned Date to Initiate Marketing Program: Completson Date for Program: Terms of Al~reement: Applicant wtll utihze the Virginia is for Lovers logo m its adverus~ng and promm~onal acuv~ttes relatec the project, and promote the entn.e state to assist in braiding awareness, extended stays, and repen,,s~ts VTC may requu apphcant to utthze fulfillment materials provided by V'I'C to promote the entn.e state. Reportin~ Requiremen.ts: Applicant w~ll provide the VTC with mqutry updates, lead generauon repom, and other measunng determinates on a quarterly basis during FY 1997 - 1998. A prehmmary draft report on the project is due no later than 30 days after compleuon of the project. All apphcants are requn.ed to msue a final report on then' restxxt~ve markeung programs to the V'I'C no later than 45 days after review and approval of the draft report by the VIC. Apphcants may be requested to make oral presentations on then' respective proJeCts to VTC staff w~th no less than a 30 day advance notme All mformauon regarchng marketing programs should be sent to the attenuon of Anne M~ller, Cooperative Adverusmg Fund Administrator, Vu'gmta Tour:sm Corporation, 901 E. Byrd St, 19th Floor, Pdchmond. Vtrg,ua 23219. Fund~nll Accountabilities: By signing this agreement, the ProJect Coordinator guarantees that the aophcam's funds are ava:iable for the proJeCt. As a means of traclong expenditttres, apphcant w~ll provide the V'TC w~th copies of all pood invoices mchcatmg to whom money was pa~d and for what purpose. Confidentiality: This agreement ns one of a confidential nature between the VTC and the apphcant and ~s not subject to the Freedom of Informauon Act. w~tn possible excepuon regaromg me Commonwealth's funding mount for the pro}ecL Economm ,nformaUon regarding the cooperauve project may be used. but only after perm~sszon has been prov,ded by the apphcant orgamzation. If you elect not to receive the Coo place a check mark to the left, stg S~gnature S ~gnature S,gnature of Apphcant Project Coordinator! of VTC Advemsmg Dn.ector' c~ )erative Tourssm AdverUsing Program funds awarded to you f~r FY 1997-1998, 7F/.r,low, and return the form to v'rc. 2._,,~ .~-a~~Date ~~ /~,/ ,. NOTE: If any of the above information is incorrect or incomplete, please provide the correct information. Virgtn~ l'oudsm Coq:x:)to~on · 901 Eas~ Byrd Street ·Rtchmond VitgfnJa 232 ! 9 · 804- 786-2051 · FAX 804- 786-1919. http//www VIV~GINIA-ofg Afffl,crte Of ll-le Vitg,n~o Eco~o~'n~c Devetooment PO~O VIRGINIA IS FOR LO EP, S' May 7, 1997 Mr. James Ricketts Director Virginia Beach Convention and Visitor Development 2101 Parks Avenue, Suite 500 Virginia Beach, Virginia 23451 Dear Mr. Rickctts: MAY 1 6 199 Congratulations! I am pleased to notify you that, after consideration by the Marketing Development Committee of the Virginia Tourism Corporation Board of Directors, the Virginia Beach Convention and Visitor Development's proposal has been selected for funding through the Virginia Cooperative Tourism Advertising Fund for 1997-98. The Virginia Tourism Corporation's funding share for your marketing project will be $116,000. This amount is based on an equitable distribution of $0.29 applied against the applicant's financial commitment. Please sign and return the attached financial commitment and measurement form and return to my attention. After receipt of the form, the Virginia Tourism Corporation will fund its portion of your project after the fiscal year begins, on July 1, 1997. If there is anything that our office can assist you with, please notify me at (804) 786-7996 or you may also E-mail me at AMille~VEDP.State. VA.US. Otherwise, I will be contacting you soon to set up a meeting to discuss your cooperative marketing program. Thank you for your interest and I look forward to working with you to bring the project to a successful conclusion. Attachment C: Patrick A. McMahon, CTC Gary K. Roscnberg Apph~u,~ ~7-014-02 Sincerely, Anne P. Miller Cooperative Advertising Fund Coordinator V1rgtnio Touflsm Co~x~raflon · 901 East Byrd StTeet · Richmond, VkglnK~ 23219 · 804-786-2051 · FAX 804-786-1919. http//www~lN~g AffilK~te of Me VirgInia Econocmc Development Partne~h~ VIRGINIA IS FOR LO E ' Applicant #: 97-014-02 Applicant Organization/Contact: ]~r. James Ricketts Director Virginia Tourism Corporation AFFR, IA~ OF TH~ V1RG[NIA ECONOM]C DEVELOPMENT PARTNER$H~ Cooperative Tourism Advertising Fund FY 1997 - 1998 (July 1, 1997- June 30, 1998) Award Agreement Virginia Beach Convenuon and Vis,tot Development 2101 Parks Avenue, Suite 500 Vtrginia Beach, Virginia 23451 Federal Identification Number of Applicant Organization: 540722061 (vendor ~0510:50) Description of Marketing Project: Sun Splash Package to promote Canachan travel to Va Beach vm targeted marketing to Quebec and Ontario using television, magazine, newspaper, dtrect mad, public relations and consumer shows. Amount Applicant will spend on project in FY 1997 - 1998:$400,000 Amount VTC will spend via Cooperaave Tourism Adverttsing Fund: $116,000 Planned Date to Initiate Marketing Program' Corn pletion Date for Program: Te .rms .of Al~reement'._ Applicant wdl utdizc thc Virginia is for Lovers logo m its aclvcrtismg and promotional act:wt~ea related to thc project, and promote the entu'e state to asstst ~n budding awareness, extended stays, and repeat v~s~ts. VTC may requtre applicant to utQizc fulfillment materials provided by VTC to promote the enttre state. Repor. tinl~ Requirements: Apphcant will prov4de the VTC with mquu-y updates, lead generaaon reports, and other measunng determinates on a quarterly bas:s during FY 1997 - 1998. A prehmmary draft report on the project ~s due no la~er than 30 days after complelJon of the project. All apphcanLs are reqmred to tssue a final report on thetr respective marketing programs to the VTC no later than 45 days after review and approval of the draft report by the v'rc. Applicants may be requested to make omi presentations on thetr respective projects to V'['C staff with no less than a 30 day advance not~ce All information regm'chng marketing programs should be sent to the attention of Anne Mdler, Cooperative Adverusmg Fund Administrator, Virgmm Tourism Corporatton, 901 E. Byrd SL, 19th Floor, Richmond, Vtrgmm 23219. Funding Aceoentabilities: By stgning th~s agreement, the Project Coordinator guarantees that the applicant's funds are avzulable for thc proJeCt. As a means of tracking expenditures, applicant will provide the V-I'C with copies of all prod invoices roche-at,rig Go whom money was prod and for what purpose. Confidentiali~: TMs agreement ,s one ora confidential nature between the VTC and the apphcant and ns not subject to the Freedom of Informatton Act. w~th possible excepuon regarding the Commonwealth's funding amount for the project. Economic informauon regaxdmg the cooperauve project may be useo. out only after permission has been prov,ded by the applicant orgam?m~on. If you eject not to receive the Cooperative Tounsm Advertising Program funds awarded to you for FY 1997-1998, place a check mark to the left, sign/l~iow, and return the form to VTC. (/ S,gnature of Apl)h=, ProJ~t Coorchnator: ~ ~~ ~. ~//' .' .'~Daze ~ ~ /¢)? /' ,~' ~,,,~ S,gnatarc of VTC Advcrus,ng Dtrect~..---7~~"~~_~Datc SlgnatureofVTCSen,orV,cePres,den~~_~~ ~ "Date ."~/.~/'~ ' NOTE: If any of the above information is incorrect or incomplete, please provide the correct information. VirglnK~ Tounsm Corporc/1K)n · 90 i East Byrd Street · R)chmond Virginia 2321 q · 804- 786-2051 · FAX 804- 786-1919. httlD//www VIRGINIA org Allihale of ~e V'~g~ EcooocnK:: Deve4oocr~t VIRGINIA IS FOR LO EI ,S' May 7, 1997 Mr. James Ricketts Director Virginia Beach Convention and Visitor Development 2101 Parks Avenue, Suite 500 Virginia Beach, Virginia 23451 Dear Mr. Ricketts: TOO ,,.Fi~ Congratulations! I am pleased to notify you that, after consideration by thc Marketing Development Committee of the Virginia Tourism Corporation Board of Directors, the Virginia Beach Convention and Visitor Development's proposal has been selected for funding through the Virginia Cooperative Tourism Advertising Fund for 1997-98. Thc Virginia Tourism Corporation's funding share for your marketing project will be $121,800. This amount is based on an equitable distribution of $0.29 applied against the applicant's financial commitment. Please sign and return thc attached financial commitment and measurement form and return to my attention. After receipt of the form, the Virginia Tourism Corporation will fund its portion of your project after the fiscal year begins, on July 1, 1997. If there is anything that our office can assist you with, please notify me at (804) 786-7996 or you may also E-mail me at AMille~VEDP.$tate. VA.US. Otherwise, I will be contacting you soon to set up a meeting to discuss your cooperative marketing program. Thank you for your interest and I look forward to working with you to bring the project to a successful conclusion. Attachment Sincerely, Anne P. Miller Cooperative Advertising Fund Coordinator C: Patrick A. McMahon, CTC Gary K. Rosenberg Apphc~nt ~ffT-O 14-04 Virginia Tourism Corl:<xalk~ · 901 East Byrd Street · Richmond, VirglnK~ 23219 · 804-786-2051 · FAX 804-786-1919. http'//wwwVIRGINIA, o~g Affiliate of ~ Vlrgu~la Econorn~; Developcnent Parlne~s~ VIRGINIA IS FOR LO ERS Virginia Tourism Corporation AFFILIATE OF TI-[E V{lm, G{]',tlA ECONOMIC DEVELOPMENT PARTN'ERSHIP Cooperative Tourism Advertising Fund FY 1997 - 1998 (July 1, 1997 - June 30, 1998) Award Agreement Applicant #: 97-014-04 Applicant Organization/Contact: Mr. James Ricketts Director Virgmm Beach Convention and Visitor Development 2101 Parks Avenue. Suit~ 500 MAY .t: 6 1997 TOL~B~ r' - Vixgmta Beach. Virg,nta 23451 Federal Identification Number of Applicant Organization: 540722061 (vendor #05 I050) Description of Marketing Project: Various statew~de packages targeted at Un,ted Auto Workers mad families that w,U promote shoulder and summer season vis, tenon w~th weekend golf tournament/packages at Virgmta Beach using dun:ct mad. Amount Applicant will spend on project in FY 1997 - 1998:$420.000 Amount VTC will spend via Cooperative Tourism Advertising Fund: :5121.800 Planned Date to Initiate Marketing Program: Completion Date for Program: Terms of Agreement: Applicant will utilize the Virginia is for Lovers logo in ~ts adverasmg and promot,onal act, v~ties related to the project, and promote the enure state to asstst ,n braiding awareness, extended stays, and repeat vts~ts. VTC may rcqutre applicant to utdize fulfillment matenals prowded by VTC to promote the enttre state. Reportini~ Requirements: Applicant will prov,de the V'I'C with inquu'y updates, lead generation reports, and other measuring determ,nates on a quarterly basis dunng FY 1997 - 1998. A prehmmary draft report on the proJeCt ,s due no later than 30 days after completion of the project. Ail apphcants are requu'ed to tssue a final report on thetr respe, cuve marketing programs to the VTC no later than 45 days after revmw and approval of the draft report by the V'I'C. Apphcants may be requested to make oral presentations on thetr respecnve projects to VTC staff w,th no less than a 30 day advance not,ce. AU informa,,on regarchng marketing programs should be sent to the attent,on of Anne Mallet. Cooperat,ve Adverusmg Fund Admm,strator. Virgmm Tourism Corporat,on, 901 E. Byrd St.. 19th Floor. Rachmond. VLrgin,a 23219. Fund~ng Accountabilities' By s,gnmg th,s agreement, the Project Coordmator guarantys that the appl,cant's funds are evadable for the project. As a means of U'ackdng expenchtures, applmant wtl{ prov,d¢ the V'I'C w~th copras of all p:ud ~nvmces ,nchcatmg to whom money was prod and for what purpose. Confidentiality: This agreement ~s one of a confidential nature between the V'I'C and the applicant and ~s not subJeCt to the Freedom of Informat, on AcL w~th poss,ble excepuon regarding the Commonwealth's funding amount for the projecL Econom,c ,nformauon regarding the coopetauve proJeCt may be used. but only after perm~ss,on has been provided by the apphcant organ,zat,on. If you elect not to receive the Coo place a check mark to the left, sig, S,gnature of Apphcant Project Coorchnator:t S,gnature of V'I'C Adverusin8 Dtrector _.~ S~gnature of VTC Sen,or Vice Pres,dent.'~ )erative Tourism Advertising Program funds awarded to you for FY 1997-1998, ......Iow, and return the~t'orm to VTC. NOTE: If any of the above information is incorrect or incomplete, please provide the correct information. VirgInia TOunsm Corporation · 901 East B,p'd S~eet · Richmond. Virginia 232 ! 9 · 804- 786-2051 · FAX 804- 786-1919. htlp//www VIRGINIA. Org Athl~:.e of ~ Vkg~n~a Economic ~f Porlne~,O VIRGINIA BEACH Department of Convention and V,s~tor Development 2101 Parks Avenue, State 500 V~rg~ma Beach, VA 23451 (757) 437-4700 FAX (757) 437-4747 November 10, 1997 Mr. Pat McMahon, President Virginia Tourism Corporation 901 East Byrd Street Richmond VA 23219 Dear Pat, Attached is an application for State participation for the recently awarded 1998 AAU Junior Olympic Games. As you may recall, we are asking to redirect Grant # 97-014-03 in the amount of $121,800. This grant was originally awarded to the City of Virginia Beach for a United Auto Workers Golf Tournament. With the importance of the AAU Junior Olympic Games to our region and the heavy financial commitment involved for all the participating cities, we are making application to apply the $121,800 to this prestigious and lucrative sporting event. The attached application details this request. The funds from this grant will be used by the seven cities of the Hampton Roads area that are hosting the 1998 AAU Junior Olympic Games. We feel this request will give these Games much needed State support and sponsorship. As you are aware, planning for the Games is moving at a rapid pace. The information for the first- pdnted materials are already being compiled and the public relations and marketing efforts will be commencing soon. Thank you for your assistance with this project. Sincerely, ~k~tts Attachment CC: Ron Kuhlman, Director Marketing and Sales Buddy Wheeler, Department AAU Coordinator COOPERATIVE TOURISM ADVERTISING FUND Application Form for Fiscal Year July 1,1997 - June 30, 1998 Organization: Vir~nia BeachDepartment of Conventions & Visitor Development Address: 2101 Parks Avenue. Suite 500 City: Vir_~inia Beach _Zip:23451 Telephone:(757)437 -4700 Fax. (757)437-4747 Name of Chief Executive Officer: James B. Ricketts Name of Project Coordinator: Ron Kuhlman Government Funded Office: X Non-Profit Organization:~ Describe the Project: A partnership of seven Hampton Roads cities were working cooperatively towards soliciting a bid for the National AAU Junior Olympics for one of the years 2000, 2001, 2002. During the course of the bid Norman, Oklahoma was disqualified to host the upcoming games and the region was given the opportunity to host the games in 1998. The region accepted the offer and will be hosting the AAU and its 35,000 athletes, coaches, parents and other spectators to the games from July 27 to August 8, 1998. The region will be offered one additional opportunity to host the games within the next four years as well az the opportunity to bid on any of the other national championships the AAU sponsors through its 22 sports affiliates annually. Cooperative partners include: Virginia Beach, Norfolk, Chesapeake, Hampton, Newport News, Portsmouth, Suffolk, The Hampton Roads Sports Council and the Amateur Athletic Union. Total amount your organization will spend on the project $1,560.000.00 Amateur Athletic Union Junior Olympic Games 1998 Situation Analysis: Backm'ound: The Amateur Athletic Union (AAU) is one of the largest, non profit, volunteer, sports organizations in the United States. A composite of multiple sports, the AAU is dedicated to the promotion and development of amateur sports and physical fitness programs. The AAU boasts a nationwide membership of 350,000, and has expanded to cover 58 distinct associations sponsoring more than 32 sports programs, over 200 national championships, and 2,000 sanctioned events. The Hampton Roads Region, through its parmers in this project, is dedicated to promoting itself nationally as a sports market with the capability of hosting major amateur and professional events by focusing the growing number of quality facilities and venues being built in the area to compliment the already established hospitality industry. The Hampton Roads Region had already obtained a number of significant sporting events including. · AAU Girls 14 and under National Basketball Championships to be held in July of 1999 in Virginia Beach · McDonald's All-American high school all-star basketball game to be held in Norfolk in March 1998 · USA Track and Field Southeastern Regional meet to be held in Norfolk July 8-12, 1998 In September of 1997, Hampton Roads was selected to host the 32nd annual Games scheduled for August I - 10, 1998, with an option to also host the Games in 2001, 2002, or 2003. The event is expected to attract 10,000 athletes, competing in 24 sports, at 22 venues throughout the region. Estimated economic impact to the region is $30 million. Target Audience: Primary AAU athletes and coaches from around the country. Families and friends traveling with AAU athletes. Goals/Mission: · Promote travel to the state of Virginia and showcase the region in a manner that would encourage subsequent, extended, family vacation to the area. · Coordinate and deliver a memorable ~/r Olympic Games for players, coaches, families, and regional population. · Establish the Hampton Roads region as a hub for amateur and/or professional sporting events. Partners/Needed Resources Each of the municipalities involved in this project have agreed to an initial investment of $30,000.00 plus the manpower necessary to raise additional funds and services to ensure a successful program. The partners have already committed staff to the games organizing committee, these staff members will continue working through the games. Additional implementation staff will be added as needed, in addition the Local Organizing committee will hire several full time staff to oversee the administration and implementation of the games. Volunteer manpower will be recruited from local civic groups, athletic organizations, businesses, the military and the general public. Partner City of Virginia Beach City of Norfolk City of Portsmouth City of' Suffolk City of Newport News City of Hampton City of Chesapeake AAU (entry fees/ticket sales) Third Party Sponsorships Subtotal of Partner Contributions Needed resources from the State of Virginia: $ committed $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $1:200.000 $1,440,000 Total Budget $1,560,000 The partners in this project are totally committed to the event and will fund and implement the program if not all the requested Corporation funds are available. Promotional Tools: · The local organizing committee (LOC) will be calling on the resources of departments and agencies of all the municipalities involved. The event will draw on the national recognition and marketing that comes with being associated with an organization such as the Amateur Athletic Union, including association with its logos, articles in national publications, and being featured on its web Develop merchandising elements for distribution and sales prior to and during the Games. · Promote the event state-wide and regionally through advertising and public relations. · Include "Virginia Is For Lovers" logo in the advertising. Calendar: Oct-Dec Jan-Mar Jan-June May-June June-Aug July 28-Aug 8 September Event Planning and Coordination Registration distribution, including accommodations an attractions information LOC finalizes venue schedule and personnel Registrations received, athletes secure accommodations Arrival of AAU Junior Olympics Games Committee Host Games Event Review *Ongoing public relations from event planning through conclusion of the Games. State Services: Yes, we wish to use the state's research and advertising departments in fine tuning our marketing program. Amateur Athletic Union Junior Olympic Games 1998 Situation Analysis: Backlu'ound: The Hampton Roads Region, through its partners in this project, is dedicated to promoting itself nationally as a sports market with the capability of hosting major amateur and professional events by focusing the growing number of quality facilities and venues being built in the area to compliment the already established hospitality industry. The Hampton Roads Region had already obtained a number of significant sporting events including: · AAU Girls 14 and under National Basketball Championships to be held in ~luly of 1999 in Virginia Beach · McDonald's All-American high school all-star basketball game to be held in Norfolk in March 1998 · USA Track and Field Southeastern Regional meet to be held in Norfolk ~/uly 8-12, 1998 Needed Resources: ae Each of the municipalities involved in this project have agreed to an initial investment of $30,000.00 plus the manpower necessary to raise additional funds and services to ensure a successful program. b. Resouces requested from the Virginia Tourism Corporation: $120,000.00 Co The partners in this project are totally committed to the event and will fund and implement the program if not ali the requested Corporation funds are available. d. The partners would be glad to receive any assistance available from the Corporation's research and advertising agency. eo The partners have already committed staf to the games organizing committee, these staff members will continue working throush the games. Additional implementation staff will be added as needed, in addition the Local Organizing committee will hire several fulltime staff to oversee the administration and implementation of the games. Volunteer manpower will be recuited from local civic groups, athletic organizations, businesses, the military and the general public. VII GINIA IS FOI LO ERS' May 7, 1997 Mr./ames Ricketts Director Virginia Beach Convention and Visitor Development 2101 Parks Avenue, Suite 500 Virginia Beach, Virginia 23451 Dear Mr. Ricketts: Congratulations! I am pleased to notify you that, after consideration by the Marketing Development Committee of the Virginia Tourism Corporation Board of Directors, the Virginia Beach Convention and Visitor Development's proposal has been selected for funding through the Virginia Cooperative Tourism Advertising Fund for 1997-98. The Virginia Tourism Corporation's funding share for your marketing project will be $8,700. This amount is based on an equitable distribution of $0.29 applied against the applicant's financial commitment. Please sign and return the attached financial commitment and measurement form and return to my attention. After receipt of the form, the Virginia Tourism Corporation will fund its portion of your project after the fiscal year begins, on July 1, 1997. If there is anything that our office can assist you with, please notify me at (804) 786-7996 or you may also E-mail me at AMille~VEDP.State. VA.US. Otherwise, I will be contacting you soon to set up a meeting to discuss your cooperative marketing program. Thank you for your interest and I look forward to working with you to bring the project to a successful conclusion. Sincerely, · Anne P. Miller Cooperative Advertising Fund Coordinator Attachment C: Patrick A. McMahon, crc Gary K. Rosenberg Apghcant #97-014-05 Virginia Tourism Corjx)ral~ · 901 East BvTd Street · Richmond, Virginia 23219 · 804-786-2051 · FAX 804-786-1919 · http//www~lNIA org Affiliate of the Vi~g~ Econom~: Development VIRGINIA IS FOR LO EI ' Virginia Tourism Corporation AFFIZ. IATE OF TI-[E VIRGINIA ECONOMIC DEVELOPMENT PAR'I'NERSHXP Cooperative Tourism Advertising Fund FY 1997. 1998 (July 1, 1997. June 30, 1998) Award Agreement Applicant #: 97-014-05 Applicant Organization/Contact: Mr. James Ricketts Director Virginia Beach Convention and Visitor Development 2101 Parks Avenue, Suite 500 Vtrginia Beach. Virginia 23451 Federal Identification Number of Applicant Organization: 540722061 (vendor t~q351050) gAY ! 6 1997 'rOL.~F~I~! Description of Marketing Project: Purchase of one profile for the "Soul of Vtrgmta" TV show that VTC is creaung. Amount Applicant will spend on project in FY 1997 - 1998:$30,000 Amount VTC will spend via Cooperative Tourism Advertising Fund: S8,700 Planned Date to Initiate Marketing Program: Completion Date for Program: Terms of Agreement: Applicant wdl ut:hze the Virginia is for Lovers logo m :ts advertising and promotional activiues related to the project, and promote the enttre state to assist In building awareness, extended stays, and repeat visits. VTC may require applicant to utthze fulfillment materials provided by VTC to promote the enttre state. Rep0rtinff Requirements'.. Applicant wall provide the VTC with inquwy updatr~, lead generation reports, and other measuring determinates on a quarterly basts during FY 1997 - 1998. A prehminary draft report on the project is due no later than 30 days after completion of the project. All apphcants are requtred to issue a final report on their respective marketing programs to the VTC no later than 45 days after mvtew and approval of the draft report by the VTC. Applicants may be requests! to make oral pre:entre,on: on thetr respective projecLs to V'I'C staff w:th no less than a 30 day advance nonce. All information regarding marketing programs should be sent to the aitennon of Anne Mdler. Cooperauve Advertising Fund Admtmstmtor. Vtrgima Tourism Corporatson. 901 E. Byrd St.. 19th Floor. Richmond. Virginia 23219. Funding Accountabilities' By s~gnmg th:s agreement, the ProJect Coordinator guarantees that the applicant's funds are avadable for the project. As a means of traclong expend:tm'es, apphcant wall provide the V'I'C with cop:cs of all paM invoices mchcatmg to whom money was paid and for what purpose. Confidentiality: This agreement ts one of a confidential nature between the VTC and the apphcant and ts not subject to the Freedom of Informauon AcL with poss:ble exception regarding the Commonwealth's funding amount for the projecL Economic informauon regarchng the cooperatsve project may be used. but only after perm~ss:on has been provided by the apphcant organization. If you elect not to receive the Cooperative Tourism Advertising Program funds awarded to you for FY 1997-1998, place a check mark to the left, sign~iow, and return the form t~o VTC. S,gnature of Applicant ProJect Coordina~r~L..~!*~d_~~: ~_._'~me:/' / ~"~,~ /...~, / ~ S:gnature of VTC Advemsmg Dtrect~ ~ _ Date: _. / NOTE: If any of the above information is incorrect or incomplete, please provide the correct information. Vlrgtnlo Tourism Cocg~rahon · 901 East Byrd Street · RK:hmond Virginia 23219 · 804-786-2051 · FAX 804-786-1919. hrtD//www~N~org Affil<fle of fi'sO V'~g~n~ Economc De~t ~O VIRGINIA IS FOR LO EI ' May 7, 1997 Mr. James Ricketts Director Virginia Beach Convention and Visitor Development 2101 Parks Avenue, Suite 500 Virginia Beach, Virginia 23451 Dear Mr. Ricketts: Congratulations! I am pleased to notify you that, after consideration by the Marketing Development Committee of the Virginia Tourism Corporation Board of Directors, the Virginia Beach Convention and Visitor Development's proposal has been selected for funding through the Virginia Cooperative Tourism Advertising Fund for 1997-98. The Virginia Tourism Corporation's funding share for your marketing project will be $72,500. This amount is based on an equitable distribution of $0.29 applied against the applicant's financial commitment. Please sign and return the attached financial commitment and measurement form and return to my attention. After receipt of the form, the Virginia Tourism Corporation will fund its portion of your project after the fiscal year begins, on July 1, 1997. If there is anything that our office can assist you with, please notify me at (804) 786-7996 or you may also E-mail me at AMille~VEDP.State. VA.US. Otherwise, I will be contacting you soon to set up a meeting to discuss your cooperative marketing program. Thank you for your interest and I look forward to working with you to bring the project to a successful conclusion. Attachment C: Patrick A. McMahon, crc Gary K. Rosenberg Apphcan~ ~)7.014-0~ Sincerely, Anne P. Miller Cooperative Advertising Fund Coordinator Virg~r~o Tourism Corporallon · 901 East Byrd Street · Richmond. Virginia 23219 · 804-786-2051 · FAX. 804-786-1919. hllp.//wwwVItGINIA, o~g Affiliate of the Vlrgtmo Economic Development Padno~sho VIRGINIA IS FOR LO ERS Applicant #: 97-014-03 Virginia Tourism Corporation AFFILIATE OF THE V1RGUVIA ECONOMIC DEVELOPMENT PARTNERSHIP Cooperative Tourism Advertising Fund FY 1997 - 1998 (July 1, 1997 - June 30, 1998) Applicant Organization/Contact: Mr. James R~cketts Dixector Virginia Beach Convenuon and Visitor Development 2101 Parks Avenue, Suite 500 Virginia Beach, Virgima 23451 Federal Identification Number of Applicant Organization: 540722061 (vendor #051050) Description of Marketing Project: Co-op Per Inquu-y television effort with Va Beach and the Va Manne Science Museum targeted to fam. i!y travelers and couples on A&E, Travel Channel, Weather Channel, Lifetime, Discovery and the Learmng Channel networks. Amount Applicant will spend on project in FY 1997 - 1998:$250,000 Amount V'rC will spend via Cooperative Tourism Advertising Fund: S72,500 Planned Date to Initiate Marketing Program: Completion Date for Program: Terms of Agreement: Applicant will ut~hze the Virginia is for Lovers logo ~n its adverusmg and promotional activities related to the project, and promote the entrre state to asstst in budding awareness, extended stays, and repeat ws:ts, v'rc may require applicant to utthze fulfillment materials provided by v'rc to promote the enttre state. Reportinl~ Requirements: Applicant will provide the VTC with inqutry updates, lead generauon reports, and other measuring determinates on a quarterly basis during FY 1997 - 1998. A prehmmary draft report on the project is due no later than 30 days after completion of the project. All applicants are required to tssue a final report on thctr respective markeung programs to the V'FC no later than 45 days after review and approval of the draft report by the VTC. Apphcants may be requested to make oral presentations on thetr respective proJeCtS to VTC staff with no less than a 30 day advance notice. All informanon regarchng marketing programs should be sent to the attention of Anne Mdler, Cooperatwe Adverusmg Fund Administrator. %rgmta Tourism Corporatmn. 901 E. Byrd St., 19th Floor. Rachmond. Vtrgmm 23219 Fund~nl~ Accountabilities: By signing this agreement, the ProJect Coorchnator guarantees that thc apphcant's funds are avadablc for the proJect. As a means of trackang expenditures, apphcant will provMe thc VTC w~th copies of all prod ~nvmces mchcatmg to whom money was prod and for what purpose. Confidentiality: This agreement is one of a confidential nature between the V'I'C and the apphcant and ~s not subject to thc Frecaom of Informanon Act. wire possible excepuon regarding the Commonwealth's funding amount for the project. Economic mformat~on regarding the cooperalave project may be used. but only after permission has been provided by the apphcant orgamzaUon. If you elect not to receive the Cooperative Tourism Advertising Program funds awarded to you for FY 1997-1998, place a check mark to the left,sigg,~:iow, and return the form., to %rFC. S,gnature of Applicant ProJect Coord,nato~' ' Date S,gnature of VTC Adverusmg Otrecto Date: --- Signature of VTC Senior V,c¢ President: "~ ' ~ate: NOTE: If any of the above information is incorrect or incomplete, please provide the correct information. Virg~n,a Tounsm Corporation · 901 East Byrd Street · RIchmond Virg,nla 23219 · 804- 786-2051 · FAX 804-786-1919. http//www V1RGINIA org Aff~lK~te of the V'~gtn~ Eco~c~"~z:: Oeveioocr~t Partnecs~O I VIRGINIA IS FOR LO ERS' May 7, 1997 Mr. James Ricketts Director Virginia Beach Convention and Visitor Development 2101 Parks Avenue, Suite 500 Virginia Beach, Virginia 23451 Dear Mr. Ricketts: Congratulations! I am pleased to notify you that, after consideration by the Marketing Development Committee of the Virginia Tourism Corporation Board of Directors, the Virginia Beach Convention and Visitor Development's proposal has been selected for funding through the Virginia Cooperative Tourism Advertising Fund for 1997-98. The Virginia Tourism Corporation's funding share for your marketing project will be $87,000. This amount is based on an equitable distribution of $0.29 applied against the applicant's financial commitment. Please sign and return the attached financial commitment and measurement form and return to my attention. After receipt of the form, the Virginia Tourism Corporation will fund its portion of your project after the fiscal year begins, on July 1, 1997. If there is anything that our office can assist you with, please notify me at (804) 786-7996 or you may also E-mail me at AMiller@VEDP.State. VA.US. Otherwise, I will be contacting you soon to set up a meeting to discuss your cooperative marketing program. Thank you for your interest and I look forward to working with you to bring the project to a successful conclusion. Attachment Sincerely, Anne P. Miller Cooperative Advertising Fund Coordinator c.' Patrick A. McMahon, CTC Gary K. Rosenberg Al~i~ant ~97-014-06 Virginia Tourism Coq:x~atk~ · 901 East Byrd Street · Rk::hmond, Virginia 23219 · 804-786-2051 · FAX 804-786-1919 . http//wwwVIRGINIA ~g Aff~lK]te of the Virginia Economic Devel<:~3n'~ent ~ I VIRGINIA IS FOR LO ERS Virginia Tourism Corporation AFFILIATE OF THE VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP Cooperative Tourism Advertising Fund FY 199'7 - 1998 (July 1, 1997 - June 30, 1998) Award Agreement Applicant #: 97-014-06 Applicant Organization/Contact: Mr. James Ricketts Director Vu'g~nia Be. ach Convention and Vis,tot Development 2101 Pm'ks Avenue, Suite 500 Virginia Beach, Virginia 23451 Federal Identification Number of Applicant Organization: 540722061 (vendor ~051050) Description of Marketing Project: To promote a mn-day regional recreational promouon celebrating'nature-based outdoor recrcaI,on in southeastern Virginia on outdoor recreation-related website home pages, through public relauons programs and regional newspaper and magazine advertising. Amount Applicant will spend on project in FY 1997 - 1998:$300,000 Amount VTC wiU spend via Cooperative Tourism Advertising Fund: $87.000 Planned Date to Initiate Marketing Program: Completion Date for Program: TOURk,~It II Terms of Agreement: Appl,cant will utihze the Virginia is for Lovers logo m its advemsmg ;md promouonal activities related to the project, and promote the enttre state to asstst in building awareness, extended stays, and repeat vtsits. VTC may requtm applicant to utdize fulfillment materials provided by VTC to promote the enttre state. Re. porting Requirements: Apphcant will provide the VTC with ~nqutry updates, lead generauon repons, and other measunng determinates on a quarterly bas~s during FY 1997 - 1998. A prehmtnary draft report on the project ~s due no later than 30 days after completion of the project. All apphcants are requu'ed to tssue a final report on thetr respective marketing programs to the VTC no later than 45 days after review and approval of the draft report by the VTC. Applicants may be requested to make oral presentations on their respective projects to VTC staff w~th no less than a 30 day advance notsce. AU infonnaUon regarchng marketing programs should be sent to the attention of Anne Mdler, Cooperative Adverusmg Fund Administrator, Vtrgmta Tourism Corporaaon, 901 E. Byrd St., 19th Floor, Rachmond, Virginia 23219. Funding Accountabilities: By s~gntng th~s agreement, the Project Coordinator guarantees that the applicant's funds are available for the project. As a means of trackang expenchtures, apphcant will provide the VTC with copies of all pa,d mvoaces mchcatmg to whom money was prod and for what purpose. Confidentiality: Th~s agreement is one of a confidcntml nature between thc VTC and the apphcant and ~s not subJeCt to thc Freedom of Informauon Act. w~th possible excepnon regarchng the Commonwe. alth's funding amount for the projeCt. Economic informauon regarding the cooperauve projeCt may be used. but only after permtss,on has been prov,ded by the applicant organ~zat,on. If you elect not to receive the Cooperative Tourism Advertising Program funds awarded to you for FY 1997-1998, place a check mark to the left, stgn/b~w, and return the form t.o VTC. Signature of Apphcan, ProJect Coordinator: k/r ] Signature of VTC Adverusing Dtrec,~ ~~'/~~ate- $,gnatu~eo£VTCSeniorV,ceP~s,den~,~~ ~ ~~~_~ ~ate:, NOTE: If any of the above information is incorrect or incomplete, please provide the correct information. Virginia Toumrn Corporahon · 901 Eosl B~cl Street · R~chmond Virg~ma 23219 · 804-786-2051 · FAX 804-786-1910 o ht~//www VIRGINIA o~g Affd,ole of me V',~g,n~3 Economo Devek3oment - 26- Item IV-K. 6. ORDINANCES/RES OL UTIONS ITEM # 47015 Jtmmy Capps, 968 Oriole Drtve, Phone 428-8015, represented the Hotel/Motel Assoctatton, and regtstered tn OPPOSITION. Upon motton by Councdman Branch, seconded by Councdman Jones, Ctty Councd ADOPTED: Ordinance to estabhsh Capttal ProJect (ClP #9-302), RUDEE LOOP Development, TRANSFER $206,000 from the Tourtsm Growth Investment Fund (TGIF) Reserve for Conttngenctes, and, authortze the Ctty Manager execute an Option Agreement between the City of Vtrgtnia Beach and Robert Herman Properties, L.L.C., Herman, Inc. and Robert Herman, extenchng the option provtded suffictent funds have been approprtated therefore Councilman Branch read tnto the record comments from the Consultant "I beheve Vtrgtnia Beach would be very prudent tn obtatntng the option for the purchase of the Rudee Loop Stte, assembhng land to enable a prtvate developer to budd/operate a conference hotel ts a very wtse strategy for the Ctty The only strategy better than buying the land would be to optton tt whtch ts what you are so wtsely dotng Congratulattons" Councdman Harrtson requested Councdman Branch read another statement from the aforementtoned letter "It ts not an etther or questton, there are two separate markets. We chd not evaluate a Conference Center Hotel whtch is almost always budt by prtvate tnvestors/developers " Vottng 11-0 Councd Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wilham W Harrtson, Jr., Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn Council Members Voting Nay None Councd Members Absent None December 16, 1997 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #9- 302, RUDEE LOOP DEVELOPMENT, AND TO TRANSFER $206,000 FROM THE TOURISM GROWTH INVESTMENT FUND (TGIF) RESERVE FOR CONTINGENCIES TO CAPITAL PROJECT #9-302, RUDEE LOOP DEVELOPMENT, AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN OPTION AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND ROBERT HERMAN PROPERTIES, L.L.C.,HERMAN INC. AND ROBERT HERMAN AND AUTHORIZE THE CITY MANAGER TO EXTEND THE OPTION PROVIDED THAT SUFFICIENT FUNDS ARE APPROPRIATED THEREFOR WHEREAS, Rudee Loop has been identified as a prime location for a flagship hotel chain to develop a convention facility at the Oceanfront; 16 17 18 WHEREAS, the development of Rudee Loop would compliment a major expansion of the Pavilion and is consistent with the Oceanfront Resort Concept Plan; 19 20 21 22 23 24 25 26 27 WHEREAS, Robert Herman Properties, L.L.C., and Herman Inc. own 2.73 acres of strategically located property at Rudee Loop well-suited for an upscale hotel/convention facility; WHEREAS, the City and Robert Herman Properties, L.L.C., and Herman Inc. have agreed that the City may obtain an option to purchase the above-referenced property for an option fee of $205,150 through September 30, 1998, with the possibility of extending it twelve months at a cost of $200,000; 28 29 30 WHEREAS, the City may exercise the option and purchase the property for $6,147,200 plus $16,800 per month beginning January 1998 until closing; and 31 32 33 WHEREAS, $206,000 is available in the Tourism Growth Investment Fund (TGIF) Reserve for Contingencies to provide sufficient funding to pay for the initial option period. 34 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the FY 1997-98 Capital Budget be amended by establishing Capital Project #9-302 Rudee Loop Development; 37 38 39 BE IT FURTHER ORDAINED THAT $206,000 be transferred from the Tourism Growth Investment Fund (TGIF) Reserve for Contingencies to Capital Project #9-302 Rudee Loop Development; and 4O 41 42 43 44 45 46 47 BE IT FURTHER ORDAINED that the City Manager is authorized to execute an Option Agreement between the City of Virginia Beach and Robert Herman Properties, L.L.C., Herman Inc. and Robert Herman in form and substance satisfactory to the City Manager and the City Attorney including the essential terms outlined in the Summary of Basic Terms of Option & Agreement attached hereto, and to extend the option, provided that sufficient funds have been appropriated therefor. 48 49 Adopted the ~6 day of December997, by the Council of the City of Virginia Beach, Virginia. 50 51 52 53 54 E.D. Block, Department of Management Services dab: c: \wpwin\wpdocs~rudloop. ord RUDEE LOOP PROPERTY SUMMARY OF BASIC TERMS OF OPTION & AGREEMENT Sellers: Property: Purchase Price: Option Period: Fees: Settlement: Removal of Equipment: Robert Herman Properties, L. L. C. Herman, Inc. Lots 1-6, Block G, (Lighthouse Restaurant & Oceanfront) Northern 41.57' of Lots 1 & 2, Block E (SW comer of 3rd St. and Atlantic Avenue) 1.604 Acres (Loop Property) $6,147,200 plus $16,800 for each month or portion thereof from and including January 1998 through the month in which closing occurs. Date of Agreement through 9/30/98 with right to extend unnl 9/30/99 Option Fee for initial option period - $205,150 Extension Fee for additional option period - $200,000 Note: 1. $200,000 of Option Fee and $200,000 Extension Fee apply to purchase price if option exercised. 2. Option Fee and Extension Fee not refundable unless title defect, default by Sellers, material misrepresentation of Sellers or condemnation by entity other than the City. 3. Refund, if any, of Option Fee and Extension Fee personally guaranteed by Robert Herman. No sooner than 10/1/98 unless agreed to by Sellers. Otherwise, not less than 15 days nor more than 60 days after exercise of option. Sellers reserve the right to remove furniture, fixtures, equipment, windows, doors and the like, but must cover any exterior openings with plywood. G \USERSXMGAYLE\WP\WORKXRUDEE SUM -27- Item IV-K. 7. ORDINANCES/RES OL UTIONS ITEM # 43016 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: Ordtnance to authorize temporary encroachments tnto a portion of a drainage easement adjacent to IVolfsnare Lake at 936 General Stuart Drtve by User Technology Associates, Inc. re construction and maintenance of a bulkhead and pier (L YNNHA VEN BOROUGH). The followtng conchttons shall be requtred The temporary encroachments shah be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrginta and the City of Vtrginta Beach and tn accordance with the City of Virgtma Beach Pubhc Works Department's spectficattons and approval as to size, ahgnment and location , The bulkhead replacement shah utilize hardened slope stabtltzatton revetment methods, including bulkheading, grouted rtprap and rtprap wtth filter cloth to mtntmize and prevent soil loss along bank slopes assoctated wtth open drainage dttch, canal and lake systems . It ts further expressly understood and agreed that the replacement bulkhead be pulled back to wtthtn slx tnches (6") of either the extstmg (shorter) bulkhead or the escarpment and/or steep sectton of the extsttng bank next to the water. The temporary encroachment heretn authortzed shah termtnate upon nottce by the City of Vtrgtnta Beach to the apphcant and, wtthln thirty (30) days after such notice ts given, such temporary encroachment shall be removed from the Ctty's drainage easement by the apphcant and the apphcant shall bear aH costs and expenses of removal The apphcant shah tndemnify and hoM harmless the City of Vtrgima Beach, tts agents and employees from and agatnst aH clatms, damages, losses and expenses, tncluding reasonable attorney's fees tn case tt shall be necessary to file or defend an actton aristng out of the location or existence of such temporary encroachment No permtsston or authortty ts gtven to the apphcant to permtt the maintenance or construction of any encroachment other than that spectfied heretn and to the hmited extent spectfied herein, nor to permtt the matntenance and constructton of any encroachments by any one other than the apphcant The applicant agrees to maintatn the temporary encroachments so as not to become unstghtly or a hazard The apphcant must obtain a permtt from the Development Servtces Center prtor to commencing any constructton wtthtn the City's dratnage easement December 16, 1997 - 28 - Item IVoK. 7. ORDINANCES/RESOL UTIONS ITEM # 43016 (Continued) The Ctty, upon revocatton of such authortty and permtssion so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provtded by law for the collectton of local or state taxes; may requtre the apphcant to remove such temporary encroachment, and, penchng such removal, the City may charge the apphcant compensatton for the use of such portton of the Ctty's drainage easement encroached upon the equtvalent of what would be the real property tax upon the land so occupted tf it were owned by the apphcant; and tf such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the City shah tmpose a penalty tn the sum of One Hundred Dollars ($1 O0 00) per day for each and every day that such temporary encroachment ts allowed to continue thereafter, and shall collect such compensation and penalties in any manner provtded by law for the collectton of local or state taxes Voting: 11-0 (By Consent) Counctl Members Vottng Aye: John A Baum, Ltnwood O. Branch, III, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Councd Members Voting Nay None Councd Members Absent None December 16, 1997 Requested by Department of Public Works 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A DRAINAGE EASEMENT ADJACENT TO WOLFSNARE LAKE AT 936 GENERAL STUART DRIVE BY USER TECHNOLOGY ASSOCIATES INC, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 11 WHEREAS, USER TECHNOLOGY ASSOCIATES INC, destres to construct and mmntain a bulkhead and p~er into the Ci _ty's drmnage easement adjacent to Wolfsnare Lake located at 936 General Stuart Drive 14 WHEREAS, C~_ty Council is authorized pursuant to ~_~ 15.1-316 and 15.1-893, Code of Virgmia, 1950, as amended, to authorize a temporary_ encroachments upon the C~tv's easement subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA' 19 That pursuant to the authori _ty and to the extent thereof contmned ~n §§ l 5.1- 2o 316 and 15.1-893, Code of Virgima, 1950, as amended User Technology Associates Inc. its 21 heirs, assigns and successors in title is authorized to construct and maintain a temporary_ 2 2 encroachment for a bulkhead and pier in the C~ _ty's drainage easement adjacent to Wolfsnare 2 3 Lake as shown on the map entitled: "Proposed Bulkhead Replacement and P~er ~n Wolfsnare 2 4 Lake Southern Pomt, Vtrgima Beach, Va. 23454, Apphcant: Yong Kim, Date 2-28-97, Sheet 2 5 1 of 1," a copy of winch is on file in the Department of Public Works and to which reference 2 6 1S made for a more particular description; and 27 BE IT FURTHER ORDAINED, that the temporary, encroachments are 2 8 expressly subject to those terms, conditions and criteria contained in the A~eement between 2 9 the Ci_ty of V~rgm~a Beach and User Technology Associates Inc., (the "Agreement") winch 3 0 is attached hereto and incorporated by reference; and 31 BE IT FURTHER ORDAINED that the City Manager or his authorized 32 designee is hereby authorized to execute the Agreement. 33 BE IT FURTHER ORDAINED, that tiffs Ordinance shall not be in effect until 3 4 such time as Yong Kim, the authorized officer for User Technology Associates Inc. and the City Manager or his authorized designee execute the Agreement. 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ ~ 3 7 day of December , 1997. 3 8 CA4 /e, $'5'm 39 ORDINq~IONCODE\CA# ORD 40 R-1 41 PREPARED LDHayes APPR~D AS TO CONTENTS Sm S t , ,. DEPARTMENT APPROVED AS TO LEGAL S~C~ I, EI~C¥~~ AND FORM I~RI',I~ARI',I) llY VIR(ilNIA ilF, ACI I CI! Y Al I{)RNEY'S {)bi'ICl', EXF, MPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)O) AND 58 1-81 l(cX4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this day of f0o~t~6 e r', , 19 q ? , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and USER TECHNOLOGY ASSOCIATES INC, A VIRGINIA CORPORATION, ITS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part ..WITNE$$ETH That, WHEREAS, the party of the second part Is the owner of that certain lot, tract, or parcel of land designated and described as "Southern Points Section Two, Lot 90" and being thrther designated and described as "936 General Stuart Drive, Virginia Beach, Virginia 23454 · GPIN 1498-92-1431" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a bulkhead and pier in the City of Virginia Beach, and WHEREAS, in constructing and maintaining such bulkhead and pier, it is necessary that the said party of the second part encroach into a portion of an existing City drainage easement, and smd party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead and pier within a portion of the City's drainage easement. GPIN 1498-92-1431 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's drainage easement for the purpose of constructing and maintaining such bulkhead and pier. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Pubhc Works Department's specifications and approval as to size, alignment and location and ~s more particularly described as follows, to wit. An area of temporary encroachment ~nto a portion of the City's drainage easement as shown on that certain plat entitled' "PROPOSED BULKHEAD REPLACEMENT AND PIER IN WOLFSNARE LAKE, SOUTHERN POINT, VIRGINIA BEACH, VA. 23454, APPLICANT: YONG KlM, DATE 2-28- 97 SHEET I OF 1," a copy of which is attached hereto as Exh~blt "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that this bulkhead replacement utilize hardened slope stabilization revetment methods including bulkheading, grouted rip-rap and rip-rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal and lake systems. It is further expressly understood and agreed that the replacement bulkhead be pulled back to w~thm 6" of either the existing (shorter) bulkhead or the escarpment and/or steep section of the existing bank next to the water It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's drainage easement the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees m case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be conslxued to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the hmited extent specified hereto, nor to perrmt the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's drainage easement. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner proxaded by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's drainage easement encroached upon the equivalent of what would be the real properly tax upon the land so occupied if it were owned by the party of the second part; and ~f such removal shall not be made within the time ordered hereinabove by flus Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, the said User Technology Associates Inc. has caused this Agreement to be executed ~n 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 Virgima 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. caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST' City Clerk APPROVr.:D AS TO LEGP L SUF," :Ci~-.~:.:I'~'' USER TECHNOLOGY ASSOCIATES C. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19~, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t: The foregoing instrument was acknowledged before me this~ day of , 19 , by RUTH HODGES SMITH, City Clerk for the Notary Pubhc My Commission Exptres. CITY OF VIRGINIA BEACH STATE OF~J.lh((.~lC~ , CITY/COUNTY 0~( ~'Lh,T~~ to-wit The foregoing insmnnent was acknowledged before me this J..L day C'~(-~)~/, 1~ ri, by Yong Kim, President, on behalf of User Technology Associates Inc.. My Commission Expires: My Coalm~oa Expire3 D~'embor 31, 1,~,,~ (~btary Public ' HOOD DR LOCATION MAP SCALE: 1" = R/W / // // // R/W O 0 / / / / / / / / / / / / / ¢ ~ US[R I[CH~OkOGY~~ ~XASSOCIAI[S I~C. ~ ~~ ENCROACHMENT AT ~ ~~ 936 GENE~L STUARI DRIVE PREPARED BY P~/ ENG. DRAFT. 24-OCT-1997 "EXHIBIT A" ° SEOUENCE OF EVENTS 1. SITE ACCESS THRU cole.DRIVE. 2. IqATERAL STAGED AT lULl:HEAD AREA. 3. COIISTRUCT IULICHEAD. q. PLACE AID 6RADE BACICFZLL. S. ESTABLISH LAYR,FESCUE, 200J PER ACRE. PROPERTY LINE IS 100' EASEMENT FENDER PILES SOG'21'29'v lq5.o0 (.B 57, PG 2q) V0LFSNARE LAKE (PRIVATEd)'' IOR-TZDAL CORTROLED ELEY. /° , 9qo d.¥.TILLIE PROPOSED PIER ]O'xJ.2'j /..,.?' SITE PLAN SCALE ]* '= 30' APPLXCANT ~ PROPERTY DRIER USER TECHNOLOGY ASSOCIATES PRES. HR. ¥ORG KIH 936 GENERAL STUART DRIVE VIRGINIA BEACH,VA. 23qSq PROPOSED BULKHEAD REPLACEREIlT AID P!ER IN VOLFSNARE LAKE SOUTHERN POINT VIRGINIA BEACH, VA. 23qsq APPLICART: YONG ~]R DATE 2-28-97 SHEET 1 OF ! ~Ev../29/97 CITY qEVIE¥ COMMENTS ADJACERT PROPERTY OYNERS: Igq0 d.¥.TZLLZE 1952 P.~ATSOR,~R. ~ . PROPOSED BULLHEAD · ..' TO BE REPLACED/(lqS'LJ') i. , 50'EASEFIENT LINE . ~ -- -- -----7------ // ,,,sT S,D. -,~ ~ / /' ~_,., ': 50'EASE.ENT ',.E / /I '~' VEST S,O. / ,,c ' ASEIqENT )) ~'DRAINAGE UTILITY E c) .,..0" "REV.NOTE: PROVIDE A 6' RETURN/ /7 ; (Pll 5/,PG 2q)(NOT uSED ~ ~ L L ~WANEg No. , , 05478 ~'~ / '\ / ,'" I ~~ 932 P.IdAT$O. PUIPOS[: llO$lOI COITIOL J936 lO VEI[TAT£D VETLAID$ RETURN 6'0' +' APO T|RI%I ILrD (lOT TO BE DiITlUIED) - 29- Item IV-K. 8. ORDINANCES/RES OL UTIONS ITEM # 43017 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to tncrease the Ctty's monthly contrtbutton to employees for health care benefits from $170 to $175 per month, effective 1 January 1998, and that thts tncrease be funded through extsttng departmental approprtattons. Vottng' 10-0 Counctl Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wdham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Voting Nay' None Counctl Members Abstaintng Nancy K. Parker Councd Lady Parker DISCLOSED and ABSTAINED pursuant to Section 2 1-639 14(E), Code of Vtrgtma, she parttctpates tn one of the City's health care plans and receives the monthly contribution toward premtums that are provtded by the Cay Although the Ctty Attorney has advtsed her that she ts not requtred to dtsclose this interest as tt does not meet the crtterta of personal interest, she wtshes to disclose thts tnterest and ABSTAIN from parttctpattng tn thts transaction Counctl Lady Parker's letter of December 16, 1997, ts hereby made a part of the record Counctlman Baum DISCLOSED pursuant to Sectton 2 1-639 14(G), Code of Vtrgtnta, he parttctpates tn one of the Ctty's health care plans and recetves the monthly contrtbution toward premtums that are provtded by the Ctty Although the City Attorney has advtsed htm that he ts not required to dtsclose thts interest as tt does not meet the criterta of personal tnterest, he wtshes to chsclose this tnterest and DECLARE that he ts able to parttctpate tn thts transactton fatrly, objecttvely, and tn the pubhc tnterest Counctlman Baum's letter of December 16, 1997, ts hereby made apart of the record December 16, 1997 City of Virginita LESLIE L LILLEY CITY ATTORNEY In Reply Refer To Our File No OP-479 December 16, 1997 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 Councflmember John A. Baum Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interests Act Opinion Dear Mr. Baum: I am writing in response to your request for an opinion as to whether you may participate in the City Council's consideration of a proposed increase in its monthly contribution toward the premiums paid by officers and employees for health insurance coverage. SUMMARY CONCLUSION Based upon the facts presented, and the application of the State and Local Government Conflict of Interests Act to those facts, it is my opinion that you do not have a "personal interest" in the City Council's consideration of a proposed increase in its monthly contribution toward the premiums paid by officers and employees for health insurance coverage. Therefore, you are permitted to participate in the transaction without restriction. However, because you will realize a financial benefit or detriment as a result of the Council's vote on the transaction, I would advise you to follow the dictates of the Act as if a "personal interest" existed. The transaction at issue involves a proposed increase in the City's contribution toward the premiums paid by officers and employees, including several Council members, for health insurance coverage. Since the proposed increase, if approved, will be provided to all such officers and employees, you are a member of a group, the members of which will be affected by the transaction. Under these circumstances, the Act provides that you may participate in the Council's consideration of the transaction upon disclosure of your interest, and a determination by you that you are able to participate fairly, objectively, and in the public interest. For your information, I have outhned the Councilmember John A. Baum 2 December 16, 1997 Re: Request for Conflict of Interests Act Opinion disclosure requirements of § 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in § 2.1-639.14(E) should you choose not to vote. I base the aforesaid conclusion on the following facts which you have presented. Please review and verify the accuracy of the facts set forth herein as you may only rely upon this opinion if they are complete and accurate. FACTS PRESENTED The City makes certain health care plans available to its officers and employees, including Council members. Additionally, the City currently contributes $170 per month toward the premiums paid by officers, employees, and Council members for health insurance coverage obtained through one of the City's plans. As the result of anticipated increases in premiums for all of the plans, the City is considering a proposed increase of $5 per month in its contribution. You advise that your concem and reason for requesting this opinion is that you participate in one of the City's health care plans, that you receive the same monthly contribution toward your premiums that the City provides to other participants in its plans, and that, therefore, if the City approves this proposed increase in its monthly contribution, you will receive a direct financial benefit in the amount of $5 per month (or $60 per year). You further advise that, as a member of the City Council, you receive a salary in excess of $10,000 annually. ISSUE PRESENTED Are you permitted to participate in the City Councd's consideration of a proposed increase in its monthly contribution toward the premiums paid by officers and employees for health insurance coverage? DISCUSSION The State and Local Government Conflict of Interests Act is set forth in §§ 2.1-639.1 et seq. of the Code of Virgima (1950), as amended. The primary focus of the Act is on the personal interests of an officer or employee of state or local government in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member. The critical inquiry, therefore, is whether or not you have a "personal interest" in the City's consideration of a proposed increase of $5 per month in its contribution toward premiums paid by officers and employees for health insurance coverage obtained through one of the C~ty's health care plans. Councilmember John A. Baum 3 December 16, 1997 Re: Request for Conflict of Interests Act Opinion "Personal interest" is defined in the Act as a financial benefit or hability accruing to an officer or employee or to a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (11) annual income that exceeds, or may reasonably be anticipated to exceed, $10,000 fi.om ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits fi.om the use of property, or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; or (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business. Based upon the facts presented, you do not have a "personal interest" because you do not receive a salary from a "business." Instead, your salary is paid by the City which is classified under the Act as a "governmental agency." Since you do not have a "personal interest," you do not have a "personal interest in the transaction" as defined in the Act. Therefore, you are permitted to participate in the transaction at issue without restriction. As a final note, the Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of ~mpropriety which is unacceptable or which could affect the confidence of the public in the officer's ability to be impartial. Even though the City's approval of the proposed increase would result ~n a direct financial benefit to you in the nominal amount of $5 per month, I have opined that you may participate in this transaction without restriction. However, if you are concerned that, because of this possible financial benefit, your participation in this transaction without disclosure could create an unacceptable appearance, there are two options available to you which may diffuse any perception problems that may arise: 1. You may disclose the facts as presented herein and participate in the transaction; or Councilmember John A. Baum 4 December 16, 1997 Re: Request for Conflict of Interests Act Opinion . You may disclose the facts as presented herein and abstain from participating in the transaction. Should you decide to declare your interest and participate, a proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. Should you decide, in the alternative, to declare your interest and abstain, a proposed disclosure letter which complies with § 2.1-639.14(E) is also enclosed. You may either make the declaration orally, which will be recorded in the written minutes of the City Council, or you may file a signed written declaration with the City Clerk, who shall retain the make the declaration available for public inspection for a period of five years from the date of recording or receipt. Please contact me should you desire any additional information. Very truly yours, C~ty Attorney LLL/KHL/clb Enclosures G \USERS\CBURINGA\WP\COIXBAUMPRE COI City o£ Virginia Beach COUNCILMAN JOHN A BAUM BLACKWATER BOROUGH 6465 CRAGS CAUSEWAY VIRGINIA BEACH VIRGINIA 23457 (804) 421-2652 December 16, 1997 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: le The transaction for which I am executing this written disclosure is the Council consideration of a proposed increase of $5 per month in its monthly contribution toward the premiums paid by officers and employees for health insurance coverage. 2, The nature of my personal interest is that I am a member of Council earning a salary in excess of $10,000 annually, and that I participate in one of the City's health care plans and receive the monthly contribution toward premiums that is provided by the City. . The City Attorney has advised me that I am a member of a group, i.e., all City officers, employees, and Council members who participate in one of the City's health care plans, the members of which will be affected by the transaction. Mrs. Ruth Hodges Smith -2- December 16, 1997 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Although the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, John A. Baum Councilmember JAB/clb Enclosure City of Virginia Beach COUNCILMAN JOHN A BAUM BLACKWATER BOROUGH 6465 CRAGS CAUSEWAY VIRGINIA BEACH, VIRGINIA 23457 (804) 421-2652 December 16, 1997 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: le The transaction for which I am executing this written disclosure is the Council consideration of a proposed increase of $5 per month in its monthly contribution toward the premiums paid by officers and employees for health insurance coverage. . The nature of my personal interest is that I am a member of Council earning a salary in excess of $10,000 annually, and that I participate in one of the City's health care plans and receive the monthly contribution toward premiums that is provided by the City. . The City Attorney has advised me that I am a member of a group, i.e., all City officers, employees, and Council members who participate in one of the City's health care plans, the members of which will be affected by the transaction. Mrs. Ruth Hodges Smith -2- December 16, 1997 Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia . Although the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and abstain from participating in this transaction. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, John A. Baum Councilmember JAB/clb Enclosure City of Virginia NANCY K PARKER COUNCILWOMAN AT-LARGE 604 GOLDSBORO AVENUE VIRGINIA BEACH, VIRGINIA 23451 (804) 425-1589 December 16, 1997 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: II The transaction for which I am executing this written disclosure is the Council consideration of a proposed increase of $5 per month in its monthly contribution toward the premiums paid by officers and employees for health insurance coverage. 2, The nature of my personal interest is that I am a member of Council earning a salary in excess of $10,000 annually, and that I participate in one of the City's health care plans and receive the monthly contribution toward premiums that is provided by the City. , The City Attorney has advised me that I am a member of a group, i.e., all City officers, employees, and Council members who participate in one of the City's health care plans, the members of which will be affected by the transaction. Mrs. Ruth Hodges Smith -2- December 16, 1997 Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia . Although the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and abstain from participating in this transaction. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Nancy K. Parker Councilmember NKP/sam Enclosure City of Virginia Fteach LESLIE L LILLEY CITY ATTORNFY In Reply Refer To Our File No OP-486 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 December 16, 1997 Councilmember Nancy K. Parker Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interests Act Opinion Dear Mrs. Parker: I am writing in response to your request for an opinion as to whether you may participate in the City Council's consideration of a proposed increase in its monthly contribution toward the premiums paid by officers and employees for health insurance coverage. SUMMARY CON. CLUSION Based upon the facts presented, and the application of the State and Local Government Conflict of Interests Act to those facts, it is my opinion that you do not have a "personal interest" in the City Council's consideration of a proposed increase in its monthly contribution toward the premiums paid by officers and employees for health insurance coverage. Therefore, you are permitted to participate in the transaction without restriction. However, because you will realize a financial benefit or detriment as a result of the Council's vote on the transaction, I would advise you to follow the dictates of the Act as if a "personal interest" existed. The transaction at issue involves a proposed increase in the City's contribution toward the premiums paid by officers and employees, including several Council members, for health insurance coverage. Since the proposed increase, if approved, will be provided to all such officers and employees, you are a member of a group, the members of which will be affected by the transaction. Under these circumstances, the Act provides that you may participate in the Council's considoration of the transaction upon disclosure of your interest, and a determination by you that you are able to participate fairly, objectively, and in the public interest. For your information, I have outlined the Couneilmember Nancy K. Parker December 16, 1997 Re: Request for Conflict of Interests Act Opinion disclosure requirements of § 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in § 2.1-639.14(E) should you choose not to vote. I base the aforesaid conclusion on the following facts which you have presented. Please review and verify the accuracy of the facts set forth herein as you may only rely upon this opinion if they are complete and accurate. FACTS PRESENTED The City makes certain health care plans available to its officers and employees, including Council members. Additionally, the City currently contributes $170 per month toward the premiums paid by officers, employees, and Council members for health insurance coverage obtained through one of the City's plans. As the result of anticipated increases in premiums for all of the plans, the City is considering a proposed increase of $5 per month in its contribution. You advise that your concern and reason for requesting this opinion is that you participate in one of the City's health care plans, that you receive the same monthly contribution toward your premiums that the City provides to other participants in its plans, and that, therefore, if the City approves this proposed increase in its monthly contribution, you will receive a direct financial benefit in the amount of $5 per month (or $60 per year). You further advise that, as a member of the City Council, you receive a salary in excess of $10,000 annually. ISSUE PRESENTED Are you permitted to participate in the City Council's consideration of a proposed increase in its monthly contribution toward the premiums paid by officers and employees for health insurance coverage? DISCUSSION The State and Local Government Conflict of Interests Act is set forth in §§ 2.1-639.1 et seq. of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal interests of an officer or employee of state or local government in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member. The critical inquiry, therefore, is whether or not you have a "personal interest" in the City's consideration of a proposed increase of $5 per month in its contribution toward premiums paid by officers and employees for health insurance coverage obtained through one of the City's health care plans. "Personal interest" is defined in the Act as Councilmember Nancy K. Parker Re: Request for Conflict of Interests Act Opinion December 16, 1997 a financial benefit or liability accruing to an officer or employee or to a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; or (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business. Based upon the facts presented, you do not have a "personal interest" because you do not receive a salary from a "business." Instead, your salary is paid by the City which is classified under the Act as a "governmental agency." Since you do not have a "personal interest," you do not have a "personal interest in the transaction" as defined in the Act. Therefore, you are permitted to participate in the transaction at issue without restriction. As a final note, the Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which could affect the confidence of the public in the officer's ability to be impartial. Even though the City's approval of the proposed increase would result in a direct financial benefit to you in the nominal amount of $5 per month, I have opined that you may participate in this transaction without restriction. However, if you are concerned that, because of this possible financial benefit, your participation in this transaction without disclosure could create an unacceptable appearance, there are two options available to you which may diffuse any perception problems that may arise: 1. You may disclose the facts as presented herein and participate in the transaction; or . You may disclose the facts as presented herein and abstain from participating in the transaction. Councilmember Nancy K. Parker Re: Request for Conflict of Interests Act Opinion December 16, 1997 Should you decide to declare your interest and participate, a proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. Should you decide, in the alternative, to declare your interest and abstain, a proposed disclosure letter which complies with § 2.1-639.14(E) is also enclosed. You may either make the declaration orally, which will be recorded in the written minutes of the City Council, or you may file a signed written declaration with the City Clerk, who shall retain the make the declaration available for public inspection for a period of five years fi.om the date of recording or receipt. Please contact me should you desire any additional information. Very truly yours, City Attorney LLL/KHL/sam Enclosures G \USFaRS~B~\WIt%'X)I~PAit. KRP. PIt..COI AN ORDINANCE TO INCREASE THE CITY'S MONTHLY CONTRIBUTION TO EMPLOYEES FOR HEALTH CARE BENEFITS FROM $170 TO $175 PER MONTH EFFECTIVE JANUARY 1, 1998 WHEREAS, the City's monthly contribution to employees for 7 health care has remained at $170 per month since December, 1993; WHEREAS, local experience and national trends point 9 towards an escalation in health care costs; WHEREAS, an increase in the City's contribution from $170 ~1 to $175 per month will help to offset the anticipated increase in 2 rates for all categories of health subscribers; and 13 WHEREAS, there are sufficient departmental appropriations 14 to fund this increase in the City's contribution to health care 15 benefits; 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That the City's monthly contribution to employees for 19 health care benefits is hereby increased from $170 to $175 a month 0 effective January 1, 1998, and that this increase will be funded 21 through existing departmental appropriations. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 16 day of December , 1997. 24 25 26 27 CA-6796 ORD IN\NONCODE \ HEALTH. ORD R-1 PREPARED: 09/30/97 28 29 30 31 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL Department - 30 - Item IV=K. 9. ORDINANCES/RES OL UTIONS ITEM # 43018 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: Ordinance to authorize license refunds tn the amount of $19,868.10 Vottng' 11-0 (By ConsenO Council Members Voting Aye: John A Baum, Ltnwood 0 Branch, III, Wtlham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Voting Nay None Council Members Absent. None December 16, 1997 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcations for hcense refunds, upon certificabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Penske Auto Centers Inc 3270 W B~g Beaver Rd S130 Troy MI 48084 PHP Healthcare Corporation 11440 Commerce Park Dr Reston VA 20191 Quest Enterpnses Inc P O Box 8902 Va Beach VA 23450 Saunders, James M 953 Maryland Ave Va Beach VA 23451 1995-96 Audit 1996-97 Audit 1996 Audit 1997 1994 Th~s ordinance shall be effective from date of adopbon The above abatement(s) totaling $19,868 10 of the C~ty of V~rg~n~a Beach on the ].6 751 22 751 22 19,034 84 19,034 84 72 O4 72 04 10 00 10 00 Cerbfled as to Payment CcJ~cobrT~m~l~ioV~?oa-~enue Approved as to form LC'eslCe~ L,lley City Attorney were approved by the Council day of Decembe]: ,19 97 Ruth Hodges Smith City Clerk - 31 - Item IV-L. 1. RESOLUTIONS ITEM # 43019 B H Pat Brtdges, Jr, 557 LongleafRoad, President -Vtrgtnta Beach Beaut~catton Commtsston, Phone 340-1829, spoke tn SUPPORT of the Resolution Attorney Jeremtah Denton, 1060 Laslan Road, Phone' 425-2234, represented Adams Outdoor Adverttstng, and spoke tn OPPOSITION Upon motton by Councilman Harrtson, seconded by Councd Lady Parker, Ctty Councd ADOPTED: Resolutton to request the General Assembly AMEND Sectton 15 2- 202 of the Ctty of Virgmta Beach Charter re amortization of billboards wtthtn the City. Voting 8-3 Councd Members Vottng Aye Ltnwood 0 Branch, IIL Wdham W Hamson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker and Loutsa M Strayhorn Councd Members Voting Nay' John A. Baum, Harold Hetschober and Vice Mayor Wdham D Sessoms, Jr Council Members Absent None December 16, 1997 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO AMEND THE CHARTER OF THE CITY OF VIRGINIA BEACH TO ENABLE THE CITY TO PROVIDE, BY ORDINANCE, FOR THE GRADUAL ELIMINATION, BY AMORTIZATION, OF BILLBOARDS WITHIN THE CITY WHEREAS, on December 16, 1997, in accordance with Section 8 15.2-202 of the Code of Virginia, as amended, the City Council of 9 the City of Virginia Beach held a public hearing on a proposed 10 amendment to the City Charter pertaining to the gradual 11 elimination, by amortization, of billboards within the City; and 12 WHEREAS, having given due consideration to the matter, it 13 is the sense of the City Council that the proposed charter 14 amendment would be beneficial to the citizens of the City and, 15 therefore, should be enacted; 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That the General Assembly is hereby requested to amend 19 Section 2.02 of the Charter of the City of Virginia Beach by adding 20 a new subsection enabling the City of Virginia Beach to provide, by 21 ordinance, for the gradual elimination, by amortization, of 22 billboards within the City; and 23 BE IT FURTHER RESOLVED: 24 That the City Clerk is hereby directed to forward to each 25 member of the City's local delegation to the General Assembly, a 26 certified copy of this Resolution, a copy of the text of the 27 proposed charter amendment (attached hereto as ~Exhibit A"), the 28 publisher's affidavit showing that the above-referenced public 29 hearing was advertised, and a copy of the minutes of the December 30 16, 1997, Council meeting showing the action taken by the Council 31 with respect to this Resolution. 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia, on the 16 day of December , 1997. 34 35 36 37 CA-6826 ORD IN\ NONCODE \ B I LLBOARD. RES R-2 PREPARED: December 10, 1997 38 39 40 41 APPROVED AS TO LEGAL SUFFICIENCY: city Attorney EXHIBIT A Proposed City Charter Amendment-- Amortization of Billboards Chapter 2. Powers of City. Sec. 2.02. Additional Powers. Without limiting the generality of the foregoing, but in addition thereto, the City of Virginia Beach shall have the following additional powers: To provide, by ordinance, for the ~adual elimination, bv amortization, of billboards within the City_; provided, however, that no billboard visible from the main traveled way of any imerstate highway, federal-aid primary highway or National Highway System highway shall be subject to the provisions of any such ordinance. - 32 - Item IV-L.2. RESOLUTIONS ITEM # 43020 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Cay Councd ADOPTED: Resolution re support for legislation to destgnate real and personal property owned by Beth Sholom Home of Eastern Virginia TAX EXEMPT from State and Local Real and Personal Property. Voting 11-0 (By Consent) Counctl Members Vottng Aye' John A. Baum, Ltnwood 0 Branch, III, Wdham IV Harrtson, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D. Sessoms, Jr and Louisa M Strayhorn Councd Members Voting Nay. None Counctl Members Absent' None December 16, 1997 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY BETH SHOLOM HOME OF EASTERN VIRGINIA AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, on January 1, 1998, Beth Sholom Home of Eastern 7 Virginia will receive property located in the City of Virginia 8 Beach that will be subject to ad valorem taxation; WHEREAS, the property that Beth Sholom Home of Eastern 10 Virginia will receive is currently tax exempt as property owned by 11 Beth Sholom Home of Virginia, but this exemption will no longer be 12 effective when the property is transferred from Beth Sholom Home of 13 Virginia to Beth Sholom Home of Eastern Virginia; 14 WHEREAS, Beth Sholom Home of Eastern Virginia has requested 15 the Council of the City of Virginia Beach to adopt a resolution in 16 support of its request that the General Assembly act in accordance 17 with Article X, § 6(a) (6) of the Constitution of Virginia to 18 designate the real and personal property of Beth Sholom Home of 19 Eastern Virginia as being exempt from state and local real and 20 personal property taxation; 21 WHEREAS, although Beth Sholom Home of Eastern Virginia does 22 not currently own any personal property in the City of Virginia 23 Beach, the personal property it will receive on January 1, 1998 24 will be valued at approximately $700,000 in tax year 1997-98, and 25 if taxable, will be subject to taxes in the amount of approximately 26 $25,900; 27 WHEREAS, although Beth Sholom Home of Eastern Virginia 28 likewise does not currently own any real property in the City of 29 Virginia Beach, the real property it will receive on January 1, 30 1998 was assessed at $5,197,788 in tax year 1997-98 and, if 31 taxable, will be subject to taxes in the amount of $63,413.02; 32 WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virginia, 33 the Council of the City of Virginia Beach has properly advertised 34 and conducted a public hearing prior to the adoption of this 35 Resolution, giving all citizens an opportunity to be heard; 36 WHEREAS, the provisions of § 30-19.04(B) of the Code of 37 Virginia have been examined and considered by the Council of the 38 City of Virginia Beach; and 39 WHEREAS, the Council of the City of Virginia Beach is of the 40 opinion that Beth Sholom Home of Eastern Virginia should be 41 designated a benevolent organization within the context of § 42 6(a) (6) of Article X of the Constitution of Virginia, that real and 43 personal property located in the City of Virginia Beach owned by 44 Beth Sholom Home of Eastern Virginia and used by it exclusively for 45 benevolent purposes on a nonprofit basis should be exempt from 46 state and local real and personal property taxation, and that such 47 exemption should be effective January 1, 1998; 48 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA: 50 1. That the Council of the City of Virginia Beach supports 51 the enactment of legislation designating Beth Sholom Home of 52 Eastern Virginia as a benevolent organization within the context of 53 § 6(a) (6) of Article X of the Constitution of Virginia and 54 exempting from state and local property taxation real and personal 55 property owned by Beth Sholom Home of Eastern Virginia that is 56 located within the City of Virginia Beach and used exclusively for 57 benevolent purposes on a nonprofit basis; and 58 2. That the City Council of the City of Virginia Beach 59 further supports an effective date of January 1, 1998, for such 60 legislation. 61 Adopted by the Council of the City of Virginia Beach, 62 Virginia, on the 16 day of December , 1997. 63 64 65 66 CA- 6873 ORD IN[ NONCODE [ BETHSHOLOM. RES R-3 12/10/97 67 68 69 70 APPROVED AS TO LEGAL SUFFICIENCY: Department of Law - 33 - Item IV-L.3. RESOLUTIONS ITEM # 43021 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Councd ADOPTED: Resolutions re zssuance by the Cay of Vzrgtma Beach Development Authority of Industrial Development Revenue Bonds Founder's Vdlage 2F Realty Company and Neptune Fisheries, Inc Not to exceed $125,000,000 Not to exceed $ 6, 500, 000 Relattve the Founder's Vdlage, Councilman Harrison requested as Economtc Development tncenttve funds are already tnvolved wtth this apphcatton, a real estate tax exemptton not be sought by the apphcant Asststant Ctty Attorney Fentress advtsed a stgned Letter of Agreement from the Founder's Vdlage had been received agreetng not to seek tax exempt status Voting I I-0 (By ConsenO Councd Members Voting Aye John A. Baum, Ltnwood 0 Branch, IIL Wilham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn Councd Members Voting Nay None Councd Members Absent None December 16, 1997 RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FOUNDER'S VILLAGE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Founder's Village, Inc. (the "Company") for the issuance of the Authority's Revenue Bonds (the "Bonds") in'an amount not to exceed $125,000,000 to (a) to undertake the acquisition, construction and equipping of a retirement community to be known as "Founder's Village" which will include apartments, single family residences, duplexes, assisted living units, skilled nursing units and recreational and related facilities and which will be located on Regent University Drive (formerly Old Centerville Turnpike) bounded on the southeast by the Regent University Student Housing Complex located on Jake Sears Circle and bounded on the south by City of Virginia Beach Landfill No. 2 (known now as Mount Trashmore II), (b) to fund any debt service reserve fund, replacement reserve fund and capitalized interest fund with respect' to the bonds and (c) to pay certain costs of issuance relating to the bonds; and WHEREAS, the Authority has held a public hearing with respect to Founder's Village, which will be owned by the Company, on October 21, 1997, and has adopted an inducement resolution with respect thereto; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), provides that the highest elected governmental officials of the governmental unit having jurisdiction over the issuer of private activity bonds shall approve the issuance of such bonds; and WHEREAS, the Authority issues its bonds on behalf of the City and the members of the City Council of the City (the "Council") constitute the highest elected governmental officials of the City; and WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), provides that the Council shall, within sixty (60) calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of bonds for Founder's Village, a reasonably detailed summary of the comments expressed a~ the public hearing with respect to the bonds and a statement in the form prescribed by Section 1 $.2-4907 of the Virginia Code have been filed with the Council, together with the Authority's recommendation that the Council approve the issuance of the bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the first and second preambles to this resolution are hereby adopted as a part of this resolution. 2. The City Council of the City of Virginia Beach, Virginia, approves the issuance of bonds by the Authority for the purposes stated herein, such approval being given to the extent required by the Code and Section 15.2-4906 of the Virginia Code. 3. The approval of the issuance of the bonds, as required by the Code and the Virginia Code, does not constitute an endorsement to a prospective purchaser of the bonds of the creditworthiness of the Company and, az required by Chapter 643 of the Acts of Assembly of 1964, az amended (the "Act''), the bonds shall provide that neither the City nor the Authority shall be obligated to pay the bonds or the interest thereon or other costs incident thereto except fi.om the revenues and monies pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City or the Authority shall be pledsed thereto. 4. This resolution shall effect immediately upon its adoption. A copy teste: City Clerk, City of Virginia Beach, Virginia 0451352.01 ADOPTED: December 16, 1997 VIRGINIA BEACH Development Authontv One Columbus Center, Suite 300 V~rgmla Beach, VA 23462 (757) 499-4567 FAX (757) 499-9894 Robin D Ray, Chmr F Dudley Fulton, V~ce-Chmr W Brantley Basmght III, Secretary David A K~ng, Jr, AsststantSecretary Kenneth D. Barefoot, Treasurer Stephen W Burke Thomas J Lyons, Jr October 21, 1997 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re~ Founder's Village, Inc. Revenue Bonds Dear Mayor Obemdorf and Members of City Council: We submit the following in connection with a project for Founder's Village located at Regent University Drive in Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public heating is attached as Exhibit B. The C~ty of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modffication of the bonds described above ~s attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Obemdorf, Mayor Members of City Council Page 2 October 21, 1997 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhtbit H is a letter fi.bm the appropriate City department commenting on the Project. FDF/GLF/rab Enclosures Very truly yours, Chair ~ THE VZRGZNZAN-PZLOT EXHIBIT A BXLLED ACCOUNT KAUFNAN & CANOLES SUXTE ONE CONNERCXAL PLACE NORFOLK, VA :~3.q].O STATEHENT NO. PAGE ~OZ~ '~ATG 125 I 10/19/97 BZLLED ACCTI AD NUNBER ZNVC NUNBER 029325402 A6860040 065345003 XSSUE EDTT'rON ZNVC NBR OEBCRTpTI'ON BZZE GROGS ANT. 10/07/97 FULL 065345003 FOUNDERS VXLLAG 2 X 0039 219.18 10/14/97 FULL 065345004 FOUNDERS VZLLAG 2 X 0039 219.18 TOTAL 438.36 d..,.. ~er~ E~ac~, Virginia 23462 Will Ix)id a pubh~ ), whose pnna ~rl D~CI Of buMfl~& ' --~000 b _.r~. nue_ ~ in in imoum not to exceed ~ ,000 (I) m unoena~e the ub~don w.. ~nouo8 ti rlments si e lam Jr~ ~11~ facJl~ , M~ ed nu~d un~s lnd mcreaUon k..m..~n~her~~41~ OM ~ University Ce.ta~dlk~ Turn kc) [~ nded on the .Outhaast q~luMl~telatJ ~theboncls F~ ~. ~ i.n~ I)ubl~c h&~d wtddl ~ · f~e~l Village ~vlll b~ owned · t ~ offk~- 21 1997, before ~r trod not pledge ~~on In ~ ~ . - omau3~o~an4 vdll rm3uim In , State of Virginia City of Norfolk AFFIDAVIT This day D. Johnson personally appeared before me and after being duly sworn made oath that (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark Communications [nc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virgini Beach, State of Virginia; (2) That the advertisement hereto annexed at FOUNDERS VZLLAG has been published in said newspaper during the following dates: 10/07/97 - 10/lq/97 ' - l/ Affiant v Subscribed and shorn to before me in my city and state aforesaid this 19TH day of OCTOBER 1997 Notary Public EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BONDS PLAN OF FINANCE FOR THE FOUNDER'S VILLAGE, INC. Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority") whose address is One Columbus Center, Suite 300, Virginia Beach, Virginia 23462 will hold a public hearing on the plan of finance of The Founder's Village, Inc. (the "Company"), whose principal place of business is 977 Centerville Turnpike, Virginia Beach, Virginia 23463 for the issuance by the Authority of its revenue bonds in an amount not to exceed $125,000,000 (a) to undertake the acquisition, construction and equipping of a retirement community to be known as "Founder's Village" which will include apartments, single family residences, duplexes, assisted living units, skilled nursing units and recreational and related facilities and which will be located on Regent University Drive (formerly Old Centerville Turnpike) bounded on the southeast by the Regent University Student Housing Complex located on Jake Sears Circle and bounded on the south by City of Virginia Beach Landfill No 2 (known now as Mount Trashmore II), (b) to fund any debt service reserve fund, replacement reserve fund and capitalized interest fund with respect to the bonds and (c) to pay certain costs of issuance relating to the bonds Founder's Village will be owned by the Company The public hearing, which may be continued or adjourned, will be held at 8 00 a m on October 21, 1997, before the Authority at its office Any person interested in the issuance of the bonds or the location or nature of the Founder's Village retirement community should appear and be heard The bonds will not pledge the credit or taxing power of the City of Virginia Beach, Virginia, or the Authority but will be payable solely from revenues derived from the Company Any person who is disabled and will require an accommodation in order to participate in the public hearing may call the Authority at 499-4567 Please place such call at least three (3) days in advance of the meeting and public hearing date CITY OF VIRGINIA BEACH AUTHORITY By DEVE~PMENT To be o#blishe~l in The Virginian-Pilg~ 9n October 7 and October 14 0440949 01 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC I-IE~G (FOUNDER'S VILLAGE PKOJECT) At 8:30am. on October21, 1997, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Founder's Village, Inc., a Virginia nonstock corporation (the "Applicant"), and that a notice of public heating was published Once a week for two consecutive weeks in Tho Vir_m.'nian-Pilot, the second publication bein8 not less than six (6) days nor more than twenty-one (21) days prior to the hearin8. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach The following individual appeared and addressed the Authority' Mr George Consolvo appeared on behalf of the Applicant Mr. Consolvo described the project as the financing of a retirement community in the City of Virginia Beach (the "City") He explained that the facility will be located on Regent University Drive next to the Regent University Student Housing Complex and that approximately 170 new jobs would be created as a result of the development of the facility He explained that the proposed issuance of up to $125,000,000 of revenue bonds (the "Bonds") for the facility will provide needed funds for the facility's development at attractive interest rates, the debt service savings caused thereby constituting a significant inducement to the Applicant proceeding with the new facility at this time Mr Consolvo further added that it is necessary that the Authority hold a public hearing and that the issuance of the Bonds be approved by the City Council of the City of Virginia Beach in accordance with both federal and Virginia law Mr Consolvo closed his remarks by noting that the development of a new facility in the City will increase employment within the City and expand the City's tax base and therefore serve a significant public purpose No other persons appeared to address the Authority and the Chairman closed the public hearing The Authority hereby recommends that the Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement with respect to the Bonds to the City Council of the City of Virginia Beach and asks that this recommendation be received at the Council's next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing 0450834 01 EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plan of finance of The Founder's Village, Inc. (the "Company"), whose principal place of business is 977 Centerville Turnpike, Virginia Beach, Virginia 23463 for the issuance by the Authority of its revenue bonds (the "Bonds") in an amount not to exceed $125,000,000 (a)to undertake the acquisition, construction and equipping of a retirement community to be known as "Founder's Village" (the "Project") which will include apartments, single family residences, duplexes, assisted living units, skilled nursing units and recreational and related facilities and which will be located on Regent University Drive (formerly Old Centerville Turnpike) bounded on the southeast by the Regent University Student Housing Complex located on Jake Sears Circle and bounded on the south by City of Virginia Beach Landfill No 2 (known now as Mount Trashmore II), (b) to fund any debt service reserve fund, replacement reserve fund and capitalized interest fund with respect to the Bonds and (c) to pay certain costs of issuance relating to the Bonds, and WHEREAS, the Company in its appearance before the Authority has requested the Authority to agree to issue the Bonds under Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), to finance the Project as described above, and WHEREAS, a public hearing as required by the Act and the Internal Revenue Code of 1986, as amended (the "Code"), has been held by the Authority at this meeting, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 1. The recitals made in the preambles to this resolution are hereby adopted as a part of this resolution 2. It is hereby found and determined that the issuance of the Bonds for the Project will benefit the inhabitants of the City of Virginia Beach, Virginia (the "City"), and promote their safety, health, welfare, convenience and prosperity 3 To induce and assist the Company to finance the Project, the Authority hereby agrees to undertake the issuance of the Bonds in an amount not to exceed $125,000,000 upon terms and conditions to be mutually agreed upon between the Authority, the Company and the underwriters for the Bonds to be selected by the Authority upon the advice of the Company (the "Underwriters") The Bonds shall be issued in form and pursuant to terms to be set by the Underwriters and the Authority and approved by the Company, and the payment of the Bonds shall be secured by such collateral as may be approved by the Authority Principal of and premium, if any, and interest on the Bonds shall be limited obligations of the Authority payable solely from the revenues and receipts derived by the Authority from the Project. The principal of and premium, if any, and interest on the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from revenues and receipts derived by the Authority from the Project, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, will be pledged to the payment for principal of or premium, if any, or interest on the Bonds or other costs incident thereto. No covenant, condition or agreement contained in the Bonds or in any financing instrument executed and delivered in connection therewith shall be deemed to be a covenant, agreement or obligation of any past, present or future commissioner, officer, employee or agent of the Authority in his individual capacity, and no officer of the Authority executing the Bonds or any other financing document or instrument shall be liable personally thereon or subject to any personal liability or accountability by reason of the issuance or execution thereof 4 The Authority hereby recommends and requests that the City Council of the City of Virginia Beach (the "Council") approve the issuance of the Bonds in accordance with the Act and the Code The Authority hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by § 15 1-1378 2 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 15.1-1378 1 of the Virginia Code, and a copy of this resolution. 5 It having been represented to the Authority that it is necessary to proceed immediately with the Project, the Authority agrees that the Company may proceed with plans for the Project, enter into contracts for acquisition, construction and equipping and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any monies or the performance of any acts in connection with the Project 6 The Authority hereby agrees that Kaufman & Canoles, P C, be appointed as Bond Counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 7 All costs and expenses in connection with the financing plan, including the fees and expenses of Bond Counsel, the fees and expenses of the Authority, including the fees and expenses of counsel for the Authority, and the fees and expenses of the Underwriters, shall be paid from the proceeds of the Bonds to the extent permitted by law or from funds of the Company If for any reason the Bonds are not issued, it is understood that all such fees and expenses shall be paid by the Company and that the Authority shall have no responsibility therefor 8 The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth I 9 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 are hereby approved and confirmed 10 This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on October 21, 1997, and that such resolution/is in full force and effect on tl~e date hereof. Dated: December, 1997 ~~ ~&~~ ~~~ 1 Secretary, City of virginia Beach e e op t Authority ~ 0441993 Ol EXHIBIT D DISCLOSURE STATEMENT Date: October 21, 1997 Applicant's Name(s): Founder*s Village, Inc. All Owners (if different from applicant): See Schedule A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure. Subdivision Variance Other' Bond issue through City of Virginia Beach Development Authority The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See Schedule A. , If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A The following is to be completed by or for the Owner (if different from the applicant) 1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A . If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A FOUNDER'S VILLAGE, INC v Xu~thorized Officer 0450835 Ol SCHEDULE A OFFICERS AND DIRECTORS OF THE FOUNDER'S VILLAGE, INC. Directors C A Voider, III Virginia Beach Virginia Jon S Kubiak Virginia Beach, Virginia M. G. Robertson Virginia Beach, Virginia C_raty J. Hanson Virginia Beach, Virginia Michael D. Little Chesapeake, Virginia Officers C. A. Voider, Ill, President and Chief Executive Officer Gary J. Hanson, Vice President Jon S Kubiak, Secretary/Treasurer 0450835 Ol VIRGINIA BEACH Development Authority One Columbus Center, State 300 V~rg~ma Beach, VA 23462 (757) 499-4567 FAX (757) 499-9894 Robin D Ray, Chatr F Dudley Fulton, Vtce-Cha~r W Brantley Basnight III, Secretary David A Krug, Jr, AsststantSecretary Kenneth D Barefoot, Treasurer Stephen W Burke Thomas J Lyons, Jr EXHIBIT E REVENUE BONDS (FOUNDER'S VILLAGE, INC. FACILITY) The Authority recommends approval of the captioned financing. The financing will provide for the development of a new retirement community in the City of Virginia Beach, Virginia (the "City"), and create approximately 170 new jobs in the City. The tax base of the City will also be expanded as a result of the development of the facility. EXHIBIT F FISCAL IMPACT STATEMENT SUBMITTED TO CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to permit the City of Virginia Beach Development Authority to submit the following information in compliance with Section 15.1-1378.2 of the Code of V'trghfia of 1950, as amended, states: Name of applicant: Founder's Village, Inc. F~--ih'ty: Founders ~rfllage 1. Maximum amount offinan~g sought $125,000,000 o Estimated taxable value of facility's real property constructed in the City of Virginia Beach $ 58,000,000 . Estimated real property tax per year using present tax rates $ 570,000 . Estimated personal property tax per year using present tax rates $ 350,000 . Estimated merchant's capital tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally (in Hampton Roads) N/A $ 8,000,000 , , Estimated number of regular employees on year round basis Average annual salary per employee 170 $ 22,000 0446159.01 FOUNDER'S VILLAGE, INC By: ~~~/~d~ President CITY OF VIRG~ BEACH DEVELOP/MENT / EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF REVENUE BONDS 1. PROJECT NAME' Founder's Village, Inc. 2. LOCATION: Regent University Drive Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT' Retirement community 4 AMOUNT OF BOND ISSUE' $125,000,000 5. PRINCIPALS See list of officers and directors attached to Disclosure Statement 6. ZONING CLASSIFICATION Present zoning classification of the Property b Is rezoning proposed Yes~ No X If so, to what zoning classification* N/A 0450836 Ol A B ' C O E F G IH J K ~ AC)C O~ AL.EXANDIq~A INC VA GRIDS2 670000 FT 76'1230 ,,/O[fl$11~f) 2j~ 2 6~0 000 FT '6'10 O0 PROJECT: FOUNDER'S VILLAGE STREET: REGENT UNIVERSITY DRIVE RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR 2F REALTY COMPANY AND NEPTUNE FISHERIES, INC. WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of 2F Realty Company (the "Company") and Neptune Fisheries, Inc. ("Neptune Fisheries") for the issuance of the Authority's Revenue Bonds (the "Bonds") in an amount not to exceed $6,500,000 to assist the Company and Neptune Fisheries in (a) the acquisition, construction and equipping of an approximately 50,000 square foot food products processing facility (the "Project") to be located on an approximately 6.8-acre parcel fronting on Bayside Road and located at the northern end of Bayside Road in the Airport Industrial Park in the City of Virginia Beach, Virginia (the "City"), and (b) to finance costs associated with the issuance of the Bonds, and WHEREAS, the Authority has held a public hearing with respect to the Project on November 18, 1997, and has adopted an inducement resolution with respect thereto; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), provides that the highest elected governmental officials of the governmental unit having jurisdiction over the issuer of private activity bonds shall approve the issuance of such bonds, and WHEREAS, the Authority issues its Bonds on behalf of the City and the members of the City Council of the City (the "Council") constitute the highest elected governmental officials of the City, and WHEREAS, Section 15 2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), provides that the Council shall, within sixty (60) calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such Bonds, and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a statement in the form prescribed by Section 15 2-4907 of the Virginia Code have been filed with the Council, together with the Authority's recommendation that the Council approve the issuance of the Bonds, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRG~A BEACH, VIRGINIA 1 The recitals made in the first preamble to this resolution are hereby adopted as a part of' this resolution 2 The City Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the Authority for the purposes stated herein, such approval being ~iven to the extent required by the Code and Section 15 2-4906 of the Virginia Code. 3. The approval of the issuance of the Bonds, as required by the Code and the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Company or Neptune Fisheries and, as required by Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City or the Authority shall be pledged thereto. 4 This resolution shall effect immediately upon its adoption A copy teste. City Clerk, City of Virginia Beach, Virginia 0450590 01 ADOPTED: December 16, 1997 VIRGINIA Development Authority One Columbus Center, State 300 Vlrg~ma Beach, VA 23462 (757) 499-4567 FAX (757) 499-9894 Robin D Ray, Chair F Dudley Fulton, Vice-Chair W Brantley Basmght III, Secretary David A K~ng, Jr., AsszstantSecretary Kenneth D Barefoot, Treasurer Stephen W Burke Thomas J Lyons, Jr. November 18, 1997 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: 2F Realty Company and Neptune Fisheries, Inc. We submit the following in connection with a project for 2F Realty Company, located at 802 Jefferson Avenue, Newport News, Virginia 23607, and known as Neptune Fisheries, Inc. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the bonds described above is attached as Exhibit E . (4) The Fiscal Impact Statement is attached as Exhibit F. (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. FDF/GLF/rab Enclosures I IHE VXRGXNXAN-~XLOT BZL/ED ACCOUNT KAUFNAN & CANOLE$ SUXTE 2000 ONE CONNERCXAL PLACE NORFOLK, VA 23510 EXHIBIT A STATEHENT .O. PAGE' Z~MOZ~E DATE 1~9 I 11/16/97 BZLLED ACCT~I AD NUNBER ZNVC NUHBER · 029325~02 B3860370 09078~005 XBIUE EDXTXON XNVC NBR DEICRXPTXON ' IXZE OROMI ANT. i i 11/05/97 FULL 09078q006 2F REALTY CO 2 X 0037 207.9~ 11/1~97 FULL 0907~00& 2F REAL~ CO 2 X 0037 207.9~ TOTAL ~1~. A~ ~ ~ · ~ ~um~ ~t~, ~lte 3~, Vl~n~ ~, ~nia 23462, ~11 ~ · ~blic ~d~ on ~ plan ~ fl~lng ~ 2F R~ ~ (~e '~m~), a Vi~nia ~n, ~ ~1 ~ ~ ~i~ ~ntly is ~2 J~n A~nue, N~ N~, ~nia 23607, ~r ~e ~ua~ ~ ~ C~ ~ ~nla ~ ~lop~m A~s R~ue ~ds In an a~ n~ ~ ~ $6,5~,~ (a) to ~ ~e ~ny In t~ a~ulsltl~, ~on a~ ~ui~ing ~ an a~lmately ~,~ ~uam ~ ~ p~u~ p~lng ~clli~ ~ ~ on an a~i~te~ 6 5-~m ~1 ~nttng on ~ide R~ a~ ~t~ at ~ ~em ~ ~ B~ R~d a~mxl~ 1,1~ ~t ~ ~.~ I~i~ w~ Mill~ Stoa R~d In ~e Ai~ Industrial Pa~ in ~e Ct~ of Vl~in~ ~, Vl~ia, and (b) ~ fl~e ~ a~iat~ w~ ~e I~ ~ ~ ~qds T~ ~ f~itl~ will ~ ~ ~ ~e ~m~ and o~t~ ~ Ne~une ~hen~, I~ T~.publlc~dng, ~lch m~ ~ ~ntmu~ ~ adjournS, will ~ held &t 8 30 a m on N~m~r 18, 1997, ~fom ~e Au~ in i~ o~ ~ ~ wdl ~t e c~R ~ ~xt~ ~r ~ ~e ~ of Vt~nia ~ch, ~tn?c or ~ ~on~ ~ wtfl ~ ~a~e ~ ~m ~ r~ Tam m~ ~m~ R~ ~n I~e~t~ in ~e ~a~ of ~ or me ~tmn ~ ~um ~ ~ p~ ~1~ may ~p~r a~ ~ ~ A ~ ~ ~e ~m~s ap~l~t~ ~ ~e A~, t~mer wt~ ~e ~ of ~ A~s a~ng ~ u~ wt~ ~ ~e~, wdi ~ o~ file and o~n ~r i~- ~ a~. me R~o~s ~ du~ bdsi~ ~u~ ~ ~ a~er N~m~r 12, 1997 , ~ ~' ~ M ~N~ ~ ~f~ ....... _.~ ... State of Virginia City of Norfolk ~o-.X~: AFFIDAVIT This day D. Johnson personally appeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark Communications Znc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed at 2F REALTY CO has been published in said newspaper during the following dates: 11/05/97 - 11/12/97 Affiant Subscribed and sworn to before me i. my city and state aforesaid this X&TH day of NOVEHBER 1997 My commission expires AUGUST 31, 1999 _~ ~ Notary Public EXHIBIT A NOTICE OF PUBLIC HEAR~G ON PROPOSED BOND FINANCING BY CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR 2F REALTY COMPANY Notice is hereby given that the City of Virginia Beach Development Authority (whose office address is One Columbus Center, Suite 300, Virginia Beach, Virginia 23462 will hold a public hearing on the plan of financing of 2F Realty Company (the Company), a Virginia corporation, whose principal place of business currently is 802 Jefferson Avenue, Newport News, Virginia 23607, for the issuance of the City of Virginia Beach Development Authority's Revenue Bonds in an amount not to exceed $6,500,000 (a) to assist the Company in the acquisition, construction and equipping of an approximately 50,000 square foot food products processing facility to be located on an approximately 6 5-acre parcel fronting on Bayside Road and located at the northern end of Bayside Road approximately 1,100 feet north of its intersection with Miller Store Road in the Airport Industrial Park in the City of Virginia Beach, Virginia, and (b) to finance costs associated with the issuance of the bonds The proposed facility will be owned by the Company and operated by Neptune Fisheries, Inc The public hearing, which may be continued or adjourned, will be held at 8:30 am. on November 18, 1997, before the Authority at its office. The bonds will not pledge the credit or taxing power of the City of Virginia Beach, Virginia, or the Authority but will be payable solely from revenues derived from the Company Any person interested in the issuance of the bonds or the location or nature of the proposed facility may appear and be heard A copy of the Company's application to the Authority, together with the form of the Authority's approving resolution with respect thereto, will be on file and open for inspection at the Authority's offices during business hours on or aRer November 12, 1997 CITY OF VIRGINIA BEACH DE/zVELOP~~ AUTHORITY ///_ Published in The Virl~inian-Pilot on November 5 and November 12~ 19~97 0446577 01 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (2F REALTY COMPANY/NEPTUNE FISHERIF. S, INC. PROJECT) At 8:30a. m. on November 18, 1997, the Chairman of the City of Virsinia B~ch Development Authority (the "Authority") announced the commencement of a public hearing on the request of 2F Realty Company and Neptune Fisheries, Inc., both Virginia stock corporations (the "Applicants"), and that a notice of public hearing was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the heating The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority: Mr. George Consolvo appeared on behalf of the Applicants. Mr Consolvo described the project as the financing of a new manufacturing facility in the City of Virginia Beach (the "City"). He explained that the facility will be located in the Airport Industrial Park at the northern terminus of Bayside Road and that approximately 100 new jobs would be created as a result of the development of the facility. He explained that the proposed issuance of up to $6,500,000 of revenue bonds (the "Bonds") for the facility will provide needed funds for the facility's development at attractive interest rates, the debt service savings caused thereby constituting a significant inducement to the Applicants proceeding with the new facility at this time. Mr. Consolvo further added that it is necessary that the Authority hold a public heating and that the issuance of the Bonds be approved by the City Council of the City of Virginia Beach in accordance with both federal and Virginia law. Mr. Consolvo dosed his remarks by noting that the development of a new facility in the City will increase employment within the City and expand the City's tax base and therefore serve a significant public purpose. No other persons appeared to address the Authority, and the Chairman closed the public heating The Authority hereby recommends that the Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement with respect to the Bonds to the City Council of the City of Virginia Beach and asks that this recommendation be received at the Council's next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing 0449328 01 EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plan of finance of 2F Realty Company (the "Company"), whose principal place of business is 802 Jefferson Avenue, Newport News, Virginia 23607 for the issuance by the Authority of its revenue bonds (the "Bonds") in an amount not to exceed $6,500,000 to assist the Company in (a) the acquisition, construction and equipping of an approximately 50,000 square foot food products processing facility (the "Project") to be located on an approximately 6.5-acre parcel fronting on Bayside Road and located at the northern end of Bayside Road in the Airport Industrial Park in the City of Virginia Beach, Virginia, and (b) to finance costs associated with the issuance of the Bonds, and WHEREAS, the Company in its appearance before the Authority has requested the Authority to agree to issue the Bonds under Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), to finance the Project as described above, and WHEREAS, a public hearing as required by the Act and the Internal Revenue Code of 1986, as amended (the "Code"), has been held by the Authority at this meeting, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 1 The recitals made in the preambles to this resolution are hereby adopted as a part of this resolution 2 It is hereby found and determined that the issuance of the Bonds for the Project will promote economic development in the City of Virginia Beach, Virginia (the "City"), benefit the inhabitants of the City, increase their commerce, and promote their safety, health, welfare, convenience and prosperity. 3. To induce and assist the Company to finance the Project, the Authority hereby agrees to undertake the issuance of the Bonds in an amount not to exceed $6,500,000 upon terms and conditions to be mutually agreed upon between the Authority, the Company and the purchaser or purchasers of the Bonds to be selected by the Authority upon the advice of the Company (the "Underwriters") The Bonds shall be issued in form and pursuant to terms to be set by the Underwriters and the Authority and approved by the Company, and the payment of the Bonds shall be secured by such collateral as may be approved by the Authority. Principal of and premium, if any, and interest on the Bonds shall be limited obligations of the Authority payable solely from the revenues and receipts derived by the Authority from the Project The principal of and premium, if any, and interest on the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from revenues and receipts derived by the Authority from the Project, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, will be pledged to the payment for principal of or premium, if any, or interest on the Bonds or other costs incident thereto No covenant, condition or agreement contained in the Bonds or in any financing instrument executed and delivered in connection therewith shall be deemed to be a covenant, agreement or obligation of any past, present or future commissioner, officer, employee or agent of.the Authority in his individual capacity, and no officer of the Authority executing the Bonds or any other financing document or instrument shall be liable personally thereon or subject to any personal liability or accountability by reason of the issuance or execution thereof 4 The Authority hereby recommends and requests that the City Council of the City of Virginia Beach (the "Council") approve the issuance of the Bonds in accordance with the Act and the Code The Authority hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by § 15 1-1378 2 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 15 1-1378 1 of the Virginia Code, and a copy of this resolmion The Authority agrees to file a request to the Virginia Small Business Financing Authority for an allocation of up to $6,500,000 with respect to the Bonds, which allocation is a condition precedent to the issuance of the Bonds as tax-exempt obligations pursuant to federal law. Adoption of this resolution by the Authority does not carry with it any representation or assurance that the Virginia Small Business Financing Authority will allocate any portion of the "State Ceiling" to the Bonds 5 It having been represented to the Authority that it is necessary to proceed immediately with the Project, the Authority agrees that the Company may proceed with plans for the Project, enter into contracts for acquisition, construction and equipping and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any monies or the performance of any acts in connection with the Project. The Authority hereby agrees that the Company may be reimbursed from the proceeds of the Bonds for all costs so expended prior to the issuance of the Bonds together with costs previously expended by the Company within sixty (60) days prior to the date of this resolution with respect to the planning and development of the Project (the "Expenditures") The Authority reasonably expects to reimburse the Company up to $1,000,000 for Expenditures with the proceeds of the Bonds. The declaration and expectation stated in this section are intended to be evidence of official intent within the meaning of Treasury Regulations Section 1 150-2 promulgated under the Code Each Expenditure will be, unless otherwise approved by Bond Counsel, (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, or (c) a nonrecurring item that is not customarily payable from current revenues The Authority intends to make a reimbursement allocation, which is a written allocation by the Authority that evidences the Authority's use of proceeds of the Bonds to reimburse an Expenditure upon written request of the Company no later than eighteen (18) months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three (3) years after the date on which the Expenditure is paid. The Authority recognizes that exceptions are available for certain "preliminary expenditures," cost of issuance, certain de minimus amounts, expenditures by "'small issuers" {based on the year of issuance and not the year of expenditure), and expenditures for construction projects of at least five (5) years. 6. The Authority hereby agrees that Kaufman & Canoles, P.C., be appointed as Bond Counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 7 All costs and expenses in connection with the financing plan, including the fees and expenses of Bond Counsel, the fees and expenses of the Authority and the fees and expenses of the Underwriters, shall be paid from the proceeds of the Bonds to the extent permitted by law or from funds of the Company If for any reason the Bonds are not issued, it is understood that all such fees and expenses shall be paid by the Company and that the Authority shall have no responsibility therefor 8 The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth. 9 Ail 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 are hereby approved and confirmed 10 Any reference in this resolution to the Company shall include Neptune Fisheries, Inc or any other entity owned or controlled by the Company and designated as the owner or operator of the Project 11 This resolution shall take effect immediately upon its adoption The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and ~~~/{~ ~ effect o1[] the date hereof. held on November 18, 1997, and that such res n is in full force ~ ~_~.~ , 1997 ' ~' ' - J Dated' Beach ~ecretary, City of Virginia Development Authority 0446613 01 EXHIBIT D DISCLOSURE STATEMENT Date: November 18, 1997 Applicant's Name(s): 2F Realty Company Neptune Fisheries, Inc. All Owners (if different from applicant): See Schedule A Type of Application: Rezoning. From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond issue through City of Virginia Beach Development Authority The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See Schedule A. . If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A The following is to be completed by or for the Owner (if different from the applicant) 1. If the Owner is a CORPORATION, list all the officers of the Corporation N/A . If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization N/A 044933:5 01 2F REALTY COMPANY NEPTUNE FISHERIF~S, INC. Robin West, Authorized Officer SCHEDULE A 2F REALTY COMPANY - OWNERSHIP IRVING P. FARBER 35.25% PRESIDENT ROBIN WEST 20.02% SECRETARYfrREASURER MATTHEW 1~ WEST-TRUST 15.95% KEITH L. WEST-TRUST 9.28% WEST FAMH.Y TRUST 19.50% NEPTUNE FISHERIES - OWNERSHIP ROBIN F. WEST 69.693% IRVING P. FARBER 29.299% VICE PRESIDENT KEITH WEST .004% MATTHEW WEST .004% BOARD OF DIRECTORS OF NEPTUNE IRVING P. FARBER CHAIRMAN OF THE BOARD REUBEN BENKOVITZ VICE PRESIDENT - OPERATIONS AARON CANDELLA SECRETARY GERRI WILDER TREASURER 0449335.01 VIRGINIA BEACH Development Authority One Columbus Center, Suite 300 V~rg~ma Beach, VA 23462 (757) 499-4567 FAX (757) 499-9894 Robin D Ray, Chmr F Dudley Fulton, Vtce-Chmr W Brantley Basmght III, Secretary Dawd A Krug, Jr, Ass~stantSecretary Kenneth D Barefoot, Treasurer Stephen W Burke Thomas J Lyons, Jr EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR 2F REALTY COMPANY AND NEPTUNE FISHERIES, INC. The Authority recommends approval of the captioned financing. The financing will provide for the development of a new manufacturing facility in the City and create approximately 100 new jobs in the City. The City's tax base will also be expanded. EXHIBIT F FISCAL IMPACT STATEMENT SUBMITTED TO CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to permit the City of Virginia Beach Development Authority to submit the following information in compliance with Section 15.1-1378.2 of the Code of Vkginia of 1950, as amended, states: Name of applicant: 2F Realty Company Facili~: Food processing facility in Airport Industrial Park 1. Maximum amount offinan~g sought $ 6,500,000 . Estimated taxable value of facility's real property to be constructed in the City of Virginia Beach $ 3,220,000 , Estimated real property tax per year using present tax rotes $ 39,284 , Estimated personal property tax per year using present tax rates $ 20,000 , Estimated merchant's capital tax per year using present tax rates . Estimated dollar value per year of goods and services that will be purchased locally $ 10,000,000 . Estimated number of regular employees on year round basis 100 8. Average annual salary per employee $ 15,720 2F REALTY COMPANY 0446614.01 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: ~.~ ~~f~ EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF REVENUE BONDS 1. PROJECT NAME: 2F Realty Company and Neptune Fisheries, Inc. 2. LOCATION: Bayside Road Airport Industrial Park Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Food processing facility 4. AMOUNT OF BOND ISSUE: $6,500,000 5. PRINCIPALS: See attached list of officers and directors 6. ZONING CLASSIFICATION: a, Present zoning classification of the Property b. Is rezoning proposed: Yes~ No X C, If so, to what zoning classification? N/A 044933701 ROADS 350 ,670,000 FT 7 F G H THE VA GRID 2 67O Inin¢ M~n 11 J 2.680,000 FT 76'10 00' - 34- Item IV-M PUBLIC HEARING ITEM # 43022 PLANNING Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on' PLANNING 1. JAMES M. BEVERLY STREET CLOSURE 2. LENWOOD B. AND ROBIN S. IRELAND VARIANCE 3. ENOCH BAPTIST CHURCH CONDITIONAL USE PERMIT 4. OUTDOOR RESORTS OF VIRGINIA BEACH, CONDITIONAL USE PERMIT 5. DIAMOND SPRINGS SHOPPES ASSOCIATES CONDITIONAL USE PERMIT CITY ZONING ORDINANCE AMEND SECTION 501 Commuter or satellite parking December 16, 1997 - 35 - Item IV-M. PUBLIC HEARING ITEM # 43023 PLANNING Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED in one motion Items 1, 2, 3, 4, and 6 of the PLANNING BY CONSENT Item 1 APPROVED with REVISED CONDITION 6, subject to comphance by 23 June 1997 Item 2 was APPROVED FOR DEFERRAL unttl Ctty Councd Sesston of January 13, 1997 Item 5 was DEFERRED INDEFINITELY Vottng. 11-0 Counctl Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, William W Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and Louisa M Strayhorn Councd Members Vottng Nay None Council Members Absent None Councdman Harrtson ABSTAINED on Item 4 (Outdoor Resorts) as hts law firm provtdes legal servtces for the apphcant Councd Lady McClanan voted a VERBAL NAY on Item 6 (CZO AMENDMENT) December 16, 1997 - 36- Item IV-M. 1. PUBLIC HEARING ITEM # 43024 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd APPROVED AND REVISED CONDITION 6, subject to compliance by 23 June 1998,, BY CONSENT, the Petttton of JAJklES M. BEVERL Y for the &scontinuance, closure and abandonment of a portton of Fifteenth Street Petttton of James M Beverly for the &sconttnuance, closure and abandonment of a portton of Ftfteenth Street vartable tn width, begtnning at the Western boundary of Arcttc Avenue and runntng tn a Westerly &rection a &stance of 241.94 feet along the Northern boundary of Ftfteenth Street (VIRGINIA BEACH BOROUGH) The following condittons shall be required The City Attorney's Office will make the final determtnatton regar&ng ownershtp of the underlytng fee The purchase prtce to be pard to the City shall be determtned accor&ng to the "Pohcy Regarding Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, "approved by the Ctty Counctl Coptes of the policy are avadable tn the Planntng Department . The applicant must provtde easements sattsfactory to Vtrgtnia Power over the extsttng facthttes located wtthtn the rtght-of-way proposed for closure Vertficatton that Virginia Power has been granted satisfactory easements must be provided to the Planntng Department prtor to final street closure approval The applicant ts required to vertfy that no other prtvate utthties exist within the right-of-way proposed for closure If additional prtvate utihttes do exist, easements satisfactory to the uttlity company must be provided Prelimtnary comments from all other utthty companies tn&cate that there are no further uttlittes located wtthtn the rtght-of-way proposed for closure. Only the rtght-of-way located above the edge of water shall be closed Any clatm by the apphcants to the portton below the edge of water shall be quick-clatmed to the Ctty of Vtrgtnia Beach prior to final plat recordation 5 The rtght-of-way approved for closure may be used for a maxtmum of two (2) stngle-famtly lots December 16, 1997 -37- Item IV-M. 1. PUBLIC HEARING ITEM # 43024 (Continued) PLANNING o The applicants shall qutt-clatm any tnterest in the contested five-foot (5') strtp of property located immedtately South of the subject stte to the adjotmng property owner to the South and provtde an addtttonal fifteen-foot (15') easement for a total access of twenty feet (20') to adjotntng Lot 1. The apphcants may retatn an access easement over the five-foot strtp In addition, the City shall retain a fifteen-foot (15't utility and draina_ee easement to Lake Holl_v at this location. Closure of the right-of-way shall be conttngent upon compliance wtth the above-stated conditions wtthtn 180 days of approval (23 June 1998) Vottng 11-0 (By ConsenO Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Wdham W. Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr and Loutsa M. Strayhorn Council Members Voting Nay' None Council Members Absent None December 16, 1997 - 38 - Item IV-M.2. PUBLIC HEARING ITEM # 43025 PLANNING Upon morton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd DEFERRED TO THE CITY COUNCIL SESSION OF 13 JANUARY 1997' Apphcatton of LENWOOD B. and ROBIN S. IRELAND for a Variance to Section 4.4(b) of the Subdtvtston Ordtnance whtch requtres lots created by subdtvtston meet all requtrements of the Comprehenstve Zomng Ordtnance (CZO) Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn elements of the Subthviston Ordinance, Subchvtsion for Lenwood B & Robin S. Ireland Property ts located at 924 Sparrow Road East KEMPSVILLE BOROUGH Vottng 11-0 (By ConsenO Council Members Vottng Aye. John A. Baum, Ltnwood 0 Branch, III, Wdham W. Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and Louisa M Strayhorn Councd Members Vottng Nay None Councd Members Absent. None December 16, 1997 - 39- Item IV-M.$. PUBLIC HEARING ITEM # 43026 PLANNING Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED an Ordinance upon apphcatton of ENOCH BAPTIST CHURCH for a Condittonal Use Permtt ORDINANCE UPON APPLICATION OF ENOCH BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO12972158 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Enoch Bapttst Church for a Con&tional Use Permtt for a church on the South side of Moore's Pond Road, 583 72feet East of Baker Road. Satd parcel ts located at 5641 Moore's Pond Road,, containtng 3 314 acres BAYSIDE BOROUGH The followtng conchttons shall be requtred Development of the site shall be tn substantial conformance wtth the stte plan entttled "Proposed &te Plan, Enoch Bapttst Church" received 29 October 1997 and on file wtth the Planning Department Architectural design, colors and materials shall match those identtfied on the elevatton entttled "Proposed Elevatton, Enoch Bapttst Church, Moore's Pond Road, Vtrgtnta Beach, Vtrginta" and on file with the Vtrgtnta Beach Plantng Department If this destgn must be altered to meet the zontng ordtnance restrictton for hetght, the revtsed archttectural destgn must be approved by the Planntng Dtrector or hts Designee prior to stte plan approval If the apphcant chooses to construct a freestan&ng stgn, tt must be monument-style, no taller than etght feet (8') and constructed of brtck that matches the butldtng Cleartng of understory growth wlthtn the Eastern and Southern buffers shall be performed by hand No trees wtth a cahper larger than four tnches (4") shall be removed tn these areas A fifteen-foot (15') buffer shall be preserved on the Western border of the property Category IV landscaping shall be tnstalled wtthin this buffer area, modified as necessary to comply wtth any hetght hmttattons tmposed by Vtrgtnta Power Moore's Pond Road must be widened to a mtmmum wtdth of twenty-two feet (22')from tts tntersectton with Baker Road to the Easternmost access point 7. The mtntmum front yard setback shall be measured from the ulttmate rtght-of-way hne for Moore's Pond Road. December 16, 1997 - 40 - Item IV-M. 3. PUBLIC HEARING ITEM # 43026 (Continued) PLANNING Thts Ordinance shall be effecttve tn accordance with Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the City of Vtrgtnia Beach, Vtrginta, on the Stxteenth of December Ntnetecn Hundred and Nm¢~. -Sev¢~. Vottng 11-0 (By Consent) Council Members Vottng Aye John A. Baum, Linwood 0 Branch, III, Wtlham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D Sessoms, Jr and Loutsa M Strayhorn Council Members Voting Nay None Counctl Members Absent None December 16, 1997 - 41 - Item IV-M. 4. PUBLIC HEARING ITEM # 4302 7 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED INDEFINITELY Ordtnance upon application of OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOCIATION, INC. for a Conchtional Use Permit ORDINANCE UPON APPLICATION OF 0 UTDOOR RESOR TS OF VIRGINIA BEACH, CONDOMINIUM ASSOCIATION, INC FOR A CONDITIONAL USE PERMIT Ordinance upon application of Outdoor Resorts of Virginia Beach, Condominium Association, Inc for a Conchtlonal Use Permit for a community pier on the east side of Sandpiper Road Said property Is located at 3665 Sandpiper Road and contains 62 573 acres PUNGO BOROUGH Voting' 10-0 (By Consent) Council Members Voting Aye' John A Baum, Linwood 0 Branch, III, HaroM Helschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr and Lomsa M Strayhorn Council Members Voting Nay. None Council Members Abstaimng' William W. Harrison, Jr Council Members Absent None Councilman Harrison ABSTAINED as his law firm provides legal services for the applicant December 16, 1997 - 42 - Item IV-M. 5. PUBLIC HEARING ITEM # 43028 PLANNING Upon motion by Councdman Jones, seconded by Vice Mayor Sessoms, Ctty Councd DENIED Or&nance upon apphcatton of DIAMOND SPRINGS SHOPPES ASSOCIA TES for a Condtttonal Use Permtt O~INANCE UPON APPLICATION OF DIAMOND SPRINGS SHOPPES ASSOCIATES FOR A CONDITIONAL USE PERMIT Ordinance upon application of Diamond Springs Shoppes Assoctates for a Conchttonal Use Permtt for gasohne pumps tn conjunctton with a convemence store at the southeast tntersectton of Dtamond Sprtngs Road and Shell Road Said parcel ss located at 12 70 Dtamond Sprtngs Road and contatns 2 23 acres BA YSIDE BOROUGH. Vottng 11-0 Council Members Vottng Aye' John A Baum, Ltnwood 0 Branch, III, Wdham W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wdliam D Sessoms, Jr and Loutsa M. Strayhorn Councd Members Voting Nay' None Councd Members Absent None December 16, 1997 - 43 - Item IV-M. 6. PUBLIC HEARING ITEM # 45029 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Councd ADOPTED Ordinance to AMEND Section 501 of the Ctty Zomng Or&nance to allow commuter or satellite parking as a condtttonal use wtthtn restdenttal zontng chstricts, subject to certatn hmttattons Vottng 10-1 Councd Members Voang Aye John A. Baum, Ltnwood 0 Branch, III, Wilham W. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Mayor Meyera E Oberndo~ Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Loutsa M Strayhorn Councd Members Voting Nay Reba S. McClanan Council Members Absent' None December 16, 1997 1 REQUESTED BY COUNCILMAN WILLIAM W. HARRISON, JR. AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY ALLOWING COMMUTER OR SATELLITE PARKING AS A CONDITIONAL USE IN RESIDENTIAL ZONING DISTRICTS SECTION AMENDED: CITY ZONING ORDINANCE SECTION 501 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 501 of the City Zoning Ordinance is hereby 9 amended and reordained to read as follows: 10 Sec. 501. Use regulations. 11 (a) Principal and conditional uses. The following chart lists 12 those uses permitted within the R-40 through R-2.5 Residential 13 Districts. Those uses and structures in the respective residential 14 districts shall be permitted as either principal uses indicated by 15 a "P" or as conditional uses indicated by a "C." Uses and 16 structures indicated by an "X" shall be prohibited in the 17 respective districts. No uses or structures other than as specified 18 shall be permitted. 19 20 21 22 Uses Resident lal Districts R-40 R-30 R-20 R-15 R-10 R-7 5 R-5D R-5R R-5S R-2 5 23 24 25 26 27 28 29 Commuter or satellite parking when conducted in conjunction with another conditional use for which a minimum of thirty (30) parkinq spaces is required 30 31 32 33 34 35 36 Adopted by the City Council of the City of Virginia Beach on this 16th day of December, 1997. CA-6816 wmm/ordres/45-501.ord R-1 October 27, 1997 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Department of Planning Department of Law Item//18 Amend Sec. 501 of CZO to allow commuter or satellite parking as a conditional use within residential zoning districts, subject to certain limitations. November 12, 1997 CONSENT lvlrs. Eure: I will ask }dr. Bob Scott, our Planning Director, to make a comment on this application. Mr. Scott: This is a suggested change by City Council who wants to have you consider and give your best advice. It is an adjustment, I think, in the way that parking is handled to make better use of the existing parking lots around the City that are not necessarily used all the time. It is intended to increase convenience for people who are using parking and to increase the use of parking lots so we don't proliferate the number of parking spaces that we have throughout the City in a needless fashion so they can comply with the requirements of the law. Yet all of this is done while giving the Planning Commission and City Council control of the matter through the use permit process. So we think there is little that could go wrong with this loosening up of requirements because the Council and Planning Commission will still have control of it. So for that reason we are recommending approval of it. Mrs. Eure: Thank you Mr. Scott. Are there any objections to Item #18? Motion made by Mrs. Eure, seconded by Betsy Atkinson, to approve Item # 1 $. AYE 10 NAY 0 ABS 0 NOT VOTING I EURE AYE BETZ ..... SALLE AYE ELIASSEN AYE RIDDICK AYE FERGUSON AYE ATKINSON AYE VAKOS AYE COCKRELL AYE HARGROVE AYE ROSENBLATT AYE - 44 - Item IV-N. APPOINTMENTS ITEM # 43030 Upon NOMINATION by Vtce Mayor Sessoms, City Councd APPOINTED: Wilham W Din Cheryl J Avery-Hargrove Donald Horsley Robert Miller Dtstrtct No. 2 Dtstrtct No 3 Kempsvdle (Unnamed) At Large At Large 4 year terms 01/01/98- 12/31/2001 CONFIRMED CURRENT APPOINTMENTS: Margaret L Eure Distrtct No 1 thru 12/31/99 Centerville Thomas F. Betz, Jr. Distrtct No 4 thru 12/31/98 Baystde Betsy W Atkinson District No 5 Thru 12/31/98 Lynnhaven Robert H Vakos Dtstrtct No 6 thru 12/31/98 Beach Jan Ehassen Dtstnct No 7 thru 12/31/98 Prtncess Anne Juchth L Rosenblatt thru 12/31/99 At Large Charles M Salle thru 12/31/99 At Large PLANNING COMMISSION Voting: 10-0 Counctl Members Voting Aye: John A Baum, Wtlham W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Council Members Vottng Nay' None Counctl Members Absent Ltnwood 0 Branch, III December 16, 1997 - 45 - Item IV-Q. AD JO URNMENT ITEM # 43031 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7. 45 P M Hooks, CMC/AAE Chief Deputy City Clerk Cay Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta December 16, 1997 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: December 9, 1997 B R C H C R P E A PAGE 1 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N I/A PRESENTATION Edward Bourdon, Mary OWL CREEK WATERSHED ADVISORY Me~nrecht, COMMITTEE Committee Members II/A BRIEFINGS Barry Frankenfield, BOW CREEK MOTEL Dept of Parks & nec B COMPREHENSIVE ANNUAL FINANCIAL Patnc~a Ph~lhps, REPORT (CAFR) D~r of F;nance C FIVE-YEAR FORECAST Dean Block, D~r Mgmt Services Ill/IV/ CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V/VI/ SESSION E F MINUTES - Decenber 2, 1997 APPROVED 9-1 Y Y Y Y Y Y N Y Y A Y B S T A I N E D G/H/I/ Resolut;on re Ordinance to AMEND Sec ADOPTED 8-3 Y N Y Y N Y N Y Y Y Y I 2-396 of Cffy Code re Planning OPTION A AS Commission as related to Redistricting CONDITIONED Plan. 2 Resolut;on re 1998 Leg,slative Package ADOPTED - 11-0 Y Y Y Y Y Y Y Y Y Y Y Pulled Item 13, Wetlands M~t~gat~on Banking J/1 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $51,136 from HUD to Housing/ CONSENT Neighborhood Preservation re rehabilitation loans and grants for homeowners. 2 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $90,312 additional revenues from Federal/ CONSENT State to Social Service re Virg,n,a Initiative for Employment Not Welfare (VlEW)/FTE pos~t~ons 3 Ordinance to TRANSFER $310,000 from ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Block Grant Reserve to Community CONSENT Development Loan and Grant Fund/ authonze grant agreements re non-profit organ,zations rehabilitating/constructing facilities for homeless: $125,000 Samaritan House, $115,000 Vetshouse, $70,000 Seton House 4 Ordinance to TRANSFER $254,833 re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y additional personnel/capital equipment for CONSENT dradg,ng operations ,n Rudee Inlet 5 Ordinance to authorize two temporary ADOPTED AND 8-2 Y Y A Y Y Y N Y N Y Y encroachments ;nto port, on of r-o-w of CONDITIONED B Republic Road (F~rst Colomal/Lask~n AS AMENDED S Roads) by Boney Wilson and Sons, Inc. T re monument-type dlrect,onal signs. A (Deferred December 2, 1997) I N E D 6 License Refunds - $4,907.78 APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE. December 9, 1997 B R C H C R P E A PAGE' 2 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N K/1 BPP DEVELOPERS, INC. For closure of AUTHORIZED 11-0 Y Y Y Y Y Y Y Y Y Y Y port~on of Lynnhaven Drive at V~sta Dnve FINAL (LYNNHAVEN BOROUGH) Approved APPROVAL BY Subject to Comphance 6/11/96 CONSENT Deferred for Add'l 180 Days 12/17/96 & 6/24/97 2 LIFENET, d/b/a LIFENET TRANSPLANT AUTHORIZED 11-0 Y Y Y Y Y Y Y Y Y Y Y SERVICES, for closure of a port~on of FINAL Baker Road at Ward Court (BAYSIDE APPROVAL BY BOROUGH) Approved SubJeCt to CONSENT Comphance 6/24/97 3 BUDDIST ASSOC OF HAMPTON APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ROADS CUP Church at 4915 Bonney CONSENT AS Road (KEMPSVILLE BOROUGH) CONDITIONED 4 GAYLE E. JR./JACQUELINE APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y ROUNTREE, T/A Holly Ridge Manor CONDITIONED CUP Commercial Det kennel at 2997 PLUS ADDED Seaboard Road (PRINCESS ANNE ONE BOROUGH) CONDITION 5 TIARA PROPERTIES, INC. CUP APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y GasQhlUe s~l~ w~th convemence store at CONSENT 900 General Booth Boulevard (PRINCESS ANNE BOROUGH) 6 RENNIE PETROLEUM CORP CUP Gas APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y OUmDS w~th convemence store at 3397 CONSENT V~rg~ma Beach Boulevard (LYNNHAVEN BOROUGH) 7 PACE CONST. DEVELOP. CORP. COZ ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y from 0-2. to Conditional A-12 at Ferrell WITHDRAWAL Parkway/General Booth Boulevard BY CONSENT (PRINCESS ANNE BOROUGH) L APPOINTMENTS CHESAPEAKE BAY PRESERVATION BOARD (CBPA) Appointed John Napohtano 3-Year Terms 11-0 Y Y Y Y Y Y Y Y Y Y Y Reappointed Carl W F~sher 1/1/98- 12/31/2000 COMMUNITY SERVICES BOARD (CSB) Reappointed M~chael Dean Broudy 3-Year Terms 11-0 Y Y Y Y Y Y Y Y Y Y Y Frank Buck 1/1/98- Forrest May Sulhvan 12/31/2000 FRANCIS LAND HOUSE BOARD OF GOVERNORS Reappointed Jacob V Aftel 3-Year Terms 11-0 Y Y Y Y Y Y Y Y Y Y Y Ga~l A Ball 1/1/98 - Christopher Edward Caton 12/31/20000 Johnme L M~ller PENDLETON CHILD SERVICE MANAGEMENT BOARD Unexpired Term 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed Sheppard H C Daws thru 12/31/98 PLANNING COMMISSION Rescheduled B Y C O N S E N S U $ RESORT AREA ADVISORY COMMISSION (RAAC) 3-Year Term 1/1/98 - 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed W~lham D Almond 12/31/2000 M/N/1 HARRIS ROAD BIKE PATH EXPANSION John Haver and (Sponsored by Councilman W~lham W Ne~l Rose - Harnson, Jr ) John Herzke, C~ty Engineer to provide Council cop~es of design alternatives 2 ABSTRACT OF LEGAL CASES ACCEPTED B Y C O N S E N S U S RESOLVED - NOVEMBER 1997 (3 AI~.~(3! II~NMI:NT, 4,32 PM