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HomeMy WebLinkAboutNOVEMBER 23, 1993o£ "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 Ill, V*rDma Beach Borough JAMES W BRAZIER, JR, Lvnnhaven Borough ROBERT W CLYBURN Kempswtlle Borough ROBERT K DEAN Pnncess Anne Borough LOUIS R JONES, Bays~de Borough PAUL J LANTEIGNE Pungo Borough ]OHN D MOSS At Large NANCY K PARKER At-Large ]AMES K SPORE, C~ty Manager LESLIE L LILLEY, City Attorney RUTH flODGES SMITH, CMC / AAE C~ty Clerk CITY COUNCIL AGENDA OUR NP,~ 281 ( ITY 1t4LL BUILDING MU~qI( IP4L ( E%' l ER VIR¢,INI4 BFA£ H VIRGINI4 21450 9005 1804~ 427 4303 NOVEMBER 23, 1993 I. INFORMAL SESSION - Council Chamber - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION II. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Bmco D. Tuttle Lynnhaven United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES . INFORMAL & FORMAL SESSIONS - November 9, 1993 2. PUBLIC HEARING - School Board Candidates' Interwew- November 16, 1993 G. PUBUC HEARINGS , CAPITAL IMPROVEMENT PROGRAM a. Proposed FY 1994 Capital Budget $102,799,810 b. Proposed Six-Year CIP $950,028,532 . REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION a. Little Neck Swim and Racquet Club, Inc. H. ORDINANCES/RESOLUTIONS 1. FY 1993-1994 / FY 1998-1999 CAPITAL IMPROVEMENT PROGRAM: a. OPTION I: (1) Ordinance, upon FIRST READING, FY 1993-1994/FY 1998-1999 Capital Improvement Program; and, APPROPRIATE $102,799,810 for the FY 1993-1994 Capital Budget, subject to funds being provided from various sources set forth herein. (2) Ordinance authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $40,200,000 for various Public Facilities and General Improvements. (3) Ordinance, upon FIRST READING, authorizing the issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $5,450,000. (4) Ordinance to AMEND and REORDAIN Ordinance No. 93-2204A re Tourism Growth and Investment Special Revenue Fund. b. OPTION I1: (1) Ordinance, upon FIRST READING, FY 1993-1994/FY 1998-1999 Capital Improvement Program; and, APPROPRIATE $109,108,544 for the FY 1993-1994 Capital Budget, subject to funds being provided from various sources set forth herein. (2) Ordinance authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $40,200,000 for various Public Facilities and General Improvements. (3) Ordinance, upon FIRST READING, authorizing the issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $5,450,000. (4) Ordinance to AMEND and REORDAIN Ordinance No. 93-2204A re Tourism Growth and Investment Special Revenue Fund. c. Alternative Proposal submitted by Councilman John D. Moss: (1) Ordinance, upon FIRST READING, FY 1993-1994/FY 1998-1999 Capital Improvement Program; and, APPROPRIATE $105,558,544 for the FY 1993-1994 Capital Budget subject to funds being provided from various sources set forth herein. (2) Ordinance authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $40,200,000 for various Public Facilities and General Improvements. (3) Ordinance, upon FIRST READING, authorizing the issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $5,450,000. (4) Ordinance to AMEND and REORDAIN Ordinance No. 93-2204A re Tourism Growth and Investment Special Revenue Fund. d. Ordinance establishing Project//6-931 Sandbridge Sewer as a Capital Project in the FY 1993-1994/FY 1998-1999 Capital Improvement Program; and, APPROPRIATE $1,950,000 of Revenue Bonds for FY 1993-1994. e. Resolution re FY 1993-1994/1998-1999 Capital Improvement Program for Schools. . Resolution authorizing the City Manager to enter into a Consent Special Order with the State Water Control Board pursuant to Section 62.1-44.15(8)(a) of the Code of Virginia extending the time periods for compliance with underground storage tanks (UST) regulations and ensure the City's ability to obtain reimbursement for remediation costs in excess of statutory limits of responsibility under the Virginia Petroleum Storage Tank fund. . Ordinance to APPROPRIATE $500,000 from the General Fund Balance to Project 3-005 Underground Storage Tanks to increase the contract limits in compliance with the Consent Order and to eliminate environmental contamination from leaking underground storage tank sites throughout the City. . Resolution opposing Hampton Roads Planning District Commission's proposal re increasing the State's gasoline sales tax; and, directing the City Manager forward a copy of this Resolution to the City's delegation of the Virginia General Assembly. (Sponsored by Councilman John D. Moss) . Resolution authorizing issuance of Certificates of Participation in an amount not to exceed $35,911,000 re expansion of the Virginia Marine Science Museum; and, authorizing the City Manager to execute all necessary documents and contracts and take all necessary action to commence the proposed project. . Resolution approving the issuance of the Development Authority's Hospital Revenue Bonds, Series 1993, in the amount not to exceed $55,000,000 to Virginia Beach General Hospital re advance refunding the prior bonds; acquiring, constructing, renovating and equipping the project; funding a debt service reserve fund for the Bonds, if deemed advisable; paying a portion of the interest accruing on the Bonds during acquisition, construction, renovation and equipping of the project; and, paying certain expenses incurred in connection with the authorization and issuance of the Bonds. . Resolution authorizing the distribution of Preliminary Official Statement in connection with the sale of Water and Sewer Revenue and Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, for a maximum amount of $48,075,000. . Resolution supporting legislation at the 1994 General Assembly Session to designate real and personal property owned by Uttle Neck Swim and Racquet Club, Inc., as being exempt from State and Local Real and Personal Property Taxation. I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. , Ordinance to APPROPRIATE $6,386 from the Commonwealth's Attorney's Drug Forfeiture Accounts to the Commonwealth's Attorney's Office re purchase of microcomputer equipment, additional training and supplies and that revenues be increased accordingly. . Ordinance to APPROPRIATE a $1,695 donation from the Fourth Precinct Citizen's Advisory Committee to the FY 1993-1994 Police Department Operating Budget re purchase of a microcomputer and that revenues be increased accordingly. . Ordinance to TRANSFER $4,820 from the General Fund Reserve for Contingencies to the Police Department's FY 1993-1994 Operating Budget re reimbursing a police supervisor for legal fees and expenses incurred in his defense of charges brought against him arising out of the performance of his official duties. . Ordinances to TRANSFER funds from the Economic Development Investment Program to the Virginia Beach Development Authority: a. $20,000 re funding infrastructure improvements for Comptek Research, Inc. to maintain their Customer Service Center Department of Defense Computer Hardware and Software Repair Operations at 2877 Guardian Lane in Oceana West Industrial Park. b. $50,000 re funding infrastructure improvements for the Regional Headquarters and 150-Station Telephone Center of Issues and Answers Network, Inc. in the Kempsville Area at the corner of Bonney and Witchduck Roads. , Ordinance declaring EXCESS PROPERTY at Lake Bradford adjacent to 4964 Athens Boulevard in the application of the Estate of Lula Reilly and authorize the City Manager to dispose of same (BAYSIDE BOROUGH). . Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Ocean View Avenue to JFJ Builders, Marshall W. and Shelley D. Morrison re construction and maintenance of a wooden walkway/staircase to be built over the dune to provide access to the beach (BAYSIDE BOROUGH). J. PUBUC HEARING 1. PLANNING a. Application of REED ASSOCIATES for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City's Zoning Ordinance re 1317 Reedtown Road (BAYSIDE BOROUGH). Recommendation: APPROVAL b. Application of JAMES G. KOLLAR, VMD for a Conditional Use Permit for an animal hos.Dital (addition) in the AG-2 Agricultural District on the Northeast side of Holland Road, Northwest of Creekstone Court (2492 Holland Road), containing 4.445 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL C. Application of DONALD G. and SANDRA G. PRATT for a Conditional Cha, npe of Zonino District Classification from R-20 Residential District to O-1 Office District -- on the East side of General Booth Boulevard, 605 feet North of Princess Anne Road (2244 General Booth Boulevard), containing 1 acre (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL d. AMENDMENTS for the Southern Rural Preservation Area of the City of Virginia Beach: (1) AMEND Comprehensive Plan re Rural Preservation Plan (2) AMEND and REORDAIN the City Zoning Ordinance, Section 102, Subsection (a) re Zoning Districts (3) AMEND and REORDAIN the City Zoning Ordinance, Sections 400, 401, 402 and 404; and, REPEAL Section 405 re Agricultural Districts. (4) AMEND and REORDAIN the City Zoning Ordinance, Article 4 by ADDING Sections 450, 451,452, 453, 454 and 455 re Rural Residential District (5) AMEND and REORDAIN the Zoning Ordinance Map of the City Zoning Ordinance re Repeal of the AG-2 Zoning District; and, Reclassify all properties previously zoned AG-2 to AG-1 (6) AMEND and REORDAIN Section 4.1, Subsection (p) of the Subdivision Regulations re Cul-De-Sac Streets Deferred: October 26, 1993 Staff Recommendation: FURTHER DEFERRAL K. UNFINISHED BUSINESS L. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Ordinance establishing a Legislative Committee for the purpose of making recommendations to City Council re City's Legislative Package; and, APPROPRIATE $1,800 from the General Fund Reserve for Contingencies for the purchase of City Flags with staffs and bases to be displayed in the Richmond Office of each of the Members of the City's local delegation to the General Assembly. (Sponsored by Councilman James W. Brazier, Jr.) 2. Abstract of Votes cast in the General Election held on November 2, 1993. M. ADJOURNMENT COUNCIL SESSIONS CANCELLED December 28, 1993 If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 11/16/93bap/m Im AG ENDA\I 1-23-93.Pin MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 23, 1993 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber., City Hall Building, on Tuesday, November 23, 1993, at 4:00 P.M. Council Members Present: John ,4. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K. Dean, Louis t~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy ~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr. [BUSINESS MEETING IN RICHMOND] Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, disclosed there are no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank, other than the resolution authorizing distribution of the Preliminary Official Statement in connection with the sale of Water and Sewer Refunding Bonds and the Ordinance relative transfer of funds from the Economic Development Investment Program to the Virginia Beach Development Authority re infrastructure improvements for Issues and Answers Network, Inc. The Vice Mayor regularly files this Disclosure with the City Clerk as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of November 23, 1993, is hereby made a part of the record. -2- ITEM # 37407 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments - Boards and Commissions: Board of Building Code Appeals Chesapeake Bay Preservation Area Board Community Services Board Francis Land House Board of Governors Planning Commission Resort Area Advisory Commission School Board Tidewater Detention Home Virginia Beach Community Development Corporation Virginia Beach Crime Task Force PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to Section 2.1-344(A) (5) PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Land Acquisition - Beach Borough LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Tax Exemption Wetlands Fill Issues Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I(. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James gE. Brazier, Jr. November 23, 1993 -3- FORMAL SESION VIRGINIA BEACH CITY COUNCIL November 23, 1993 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 23, 1993, at 6'00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr. [BUSINESS MEETING IN RICHMOND] INVOCATION: Reverend Bruce D. Tuttle Lynnhaven United Methodist Church PLEDGE OF ,4LLF~GIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 23, 1993 -4- Item IV-E. 1. CER TIFIC,4 TION OF EXECUTIVE SESSION ITEM # 37408 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 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 # 37407, Page No. 2, and in accordance with the provisions of Thc Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (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. City Clerk November 23, 1993 -5- Item H-F. 1. MINUTES ITEM # 37409 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROI/'ED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 9, 1993, and the Minutes of the PUBLIC HEARING - School Board Candidates Interviews - November 16, 1993. Councilman Lanteigne referenced a Correction to the Resolution requesting the support of the General Assembly Delegation for the City's Legislative Package in the 1994 General Assembly Session. The Resolution incorrectly stated: Request the State reimburse the City $250,000 for planning a new Virginia Beach Juvenile Detention Home. The Resolution should correctly read: Request the State match the City $250,000 for planning a new Virginia Beach Juvenile Detention Home. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James IF. Brazier, Jr. November 23, 1993 -6- Item II-F.2. PRESENTATION ITEM # 37410 Mayor Oberndorf recognized the following Boy Scouts in attendance to earn their merit badges: SCOUT TROOP 498 Jason Raker Jeremy Raker Gregory Johnson SCOUT TROOP 902 Jeremiah Dull Daniel Fox Nick Schevikhoven Gareth Schevikhoven Mathew Janes Chris Skees Billy Colborn David Elrod Mike Janes Carol Dull Tom & Stephanie Fox Billy Colborn Lila Elrod Steven & Wayne Slater November 23, 1993 -7- Item II-G. 1.2. PUBLIC HEARING ITEM # 37411 Mayor Oberndorf DECLARED A PUBLIC HEARING: CAPITAL IMPROVEMENT PROGRAM Proposed FY 1994 Capital Budget $102,799,810 Proposed Six-Year CIP $950,028,532 The following registered to speak expressing various concerns: Lou Pace, 1908 Hunts Neck Court, Phone; Phone: 468-0915 Robert Web& represented People First of Virginia Beach Attorney R. J. Nutter, Il, 4425 Corporation Lane, Phone: 671-6000, represented the Sandbridge Sewer Line Committee E. George Minns, President - NAACP, Post Office Box 3302 Shauna Cochran, 3812 Ewing Court, Phone: 471-0419, represented People First of Virginia Beach There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. November 23, 1993 -8- Item lI-G.2, a. PUBLIC HEARING ITEM # 37412 Mayor Oberndorf DECLARED A PUBLIC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION Little Neck Swim and Racquet Club, Inc. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. November 23, 1993 -9- Item II-H.I. ORDINANCES~RESOLUTIONS ITEM # 37413 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the TGIF. Upon motion by Councilman Jones, seconded by Councilman Moss, City Council APPROVED, AS AMENDED FY 1993-1994 /FY 1998-1999 CAPITAL IMPROVEMENT PROGRAM: OPTION IIA: Ordinance, upon FIRST READING, FY 1993-1994/FY 1998-1999 Capital Improvement Program; and, APPR OPRIA TE $109,108, 544* for the FY 1993 - 1994 Capital Budget, subject to funds being provided from various sources. AMENDMENTS , Remove Charter Bond Funding of $1,380, 000 for Project 2-215 in Year 1. Add $1,375,000 in funding from Lease-Purchase. Increase the total project budget to $2,056,000. Add $1,380,000 in Charter Bond Funding to the Marine Science Museum Project 3-002, reducing the Certificates of Participation accordingly. Delete $1.5-Million Charter Bond Funding for Project 2-254, West Neck Creek golf course, replace the funding wtth TGIF Pay-As-You-Go. No change in total for project. Add $1.5-Million in Charter Bond Funding to Project 2-066, Connector Parks. No change in total project. *With the ADOPTION of the Ordinance establishing Project g6-931 Sandbridge Sewer as a Capital Project in the FY 1993-1994/FY 1998-1999 Capital Improvement Program; and, APPROPRIATE $1,950,000 of Revenue Bonds for FY 1993-1994, the correct amount of the Appropriation Ordinance ts $110,553,544. Voting: 10-0 Council Members Voting Aye: John A. Bautn, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 AN ORDINANCE TO ADOPT THE FY 1993-94/FY 1998-99 CAPITAL IMPROVEMENT PROGRAM AND TO APPROPRIATE $110,853,544 FOR THE FY 1993-94 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN ALTERNATIVE 2A AMENDED WITH SANDBRIDGE WHEREAS, the C,ty Manager, on September 14, 1993, presented to City Counc,I the Cap,tal Improvement Program for fiscal years 1993-94 through 1998-99, WHEREAS, C,ty Councd held pubhc heanngs on the program to provide for publ,c comment, 10 11 WHEREAS, based on public comment, C~ty Counc,I has determ,ned the need for certain projects ,n the Cap,tal Improvement Program, 12 13 WHEREAS, ,t ~s necessary to appropriate funds for the projects underway or beg,nmng ,n the 1993-94 fiscal year as set forth ~n said Capital Improvement Program 14 15 VIRGINIA: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 17 18 Sect,on 1: That the program, as mod,fled, for the construct, on of, or addlt,on to cap,tal facdlt,es ,dent,f,ed for fiscal years 1993-94 through 1998-99 is hereby adopted and that projects listed here~n are approved as capital projects. 19 20 21 Section 2' That the projects shall be financed from funds to be appropriated per, odlcally by C,ty Council, and untd funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any manner at any time by City Council. 22 23 24 Section 3: That funds in the amounts aggregating $110,853,544 for capital projects underway or beginning in the 1993-94 fiscal year as set forth in said Capital Improvement Program are hereby appropriated, subject to the conditions set forth, as follows' 25 26 27 28 29 3O 31 32 33 34 CAPITAL PROJECT SCHOOL PROJECTS: 1-006 Various Schools Site Acquisition 1-010 Ocean Lakes High School 1-053 Larkspur Middle School 1-057 Var, ous Schools Additions/Conversions 1-058 Renovations and Replacements 1-059 Pay-As-You-Go Capital Improvements 1-062 ADA School Modifications TOTAL SCHOOL PROJECTS APPROPRIATION 1,308,750 3,330,000 1,700,000 1,444,984 3,750,000 1,000,000 250,000 32,783,734 35 36 37 38 39 4O 41 42 43 44 45 46 47 ROADWAY PROJECTS: 2-019 2-021 2-051 2-084 2-086 2-137 2-139 2-149 2-157 2-209 2-211 Indian Lakes Boulevard - Phase I Rural Road Improvements CItywlde Parking Improvements (Partial) Military H~ghway South Plaza Trad Great Neck Road - Phase IV and London Bridge Road - Phase III Kempsvdle Road - Phase III B~rdneck Road - Phase II Lynnhaven Parkway - Phase IX Courthouse Loop North - Phase II Secondary Street Improvements 65,128 300,000 51,500 615,988 95,221 202,233 158,888 154,963 158,888 51,667 350,533 48 ROADWAY PROJECTS: (concluded) 49 50 51 52 53 54 2-218 Harbor Po,nt Road Extended 2-816 Traffic Safety Improvements 2-837 Vanous Cost Part,c, pat,on Projects 2-930 Salem Road 2-987 Independence Boulevard - Phase IV-A TOTAL ROADWAY PROJECTS 809,620 814,772 27,777 10,098 951,038 $ 4,818,314 55 56 57 58 59 60 COASTAL PROJECTS: 2-014 Lynnhaven Inlet Mmntenance Dredg,ng 2-077 C,tyw~de Sand Replemshment Project 2-221 Rudee Inlet Seabee Demonstrat, on 2-830 Rudee Inlet Dredging TOTAL COASTAL PROJECTS 15,000 1,030,000 10,O00 298,000 $ 1,353,000 61 62 63 64 65 66 67 68 69 7O 71 72 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS: 2-049 2-058 2-066 2-141 2-198 2-199 2-215 2-253 2-704 3-002 Resort Streetscape Improvements Rudee Walk (Part~al) Oceanfront Connector Parks Economic Development Investment Program Burton Station (Part~al) Conference/Convent, on Facd,ty Resort Area Park, rig Improvements V~rgm~a Beach H,gher Educat, on Center Beach Erosion Control and Hurricane Protect, on Mar,ne Science Museum Expans,on TOTAL ECONOMIC AND TOURISM DEVELOPMENT PROJECTS 1,770,151 1,000,000 2,200,000 1,496,000 1,241,115 250,000 1,706,000 221,000 50,000 40,091,000 $ 50,025,266 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 BUILDING PROJECTS: 3-005 3-010 3-016 3-018 3-020 3-021 3-O23 3-O24 3-031 3-033 3-034 3-035 3-976 3-984 3-992 Underground Storage Tanks - C~ty Beach Borough Serv,ce Center Dredge Operat, ons Relocat, on F,re/Rescue Station - Creeds ADA Budding Mod,flcat~ons Famdy Court Mod,f, cat~ons Soc,al Serv,ces Bu,ld,ng Renovat, on V,rg,n,a Beach Juven,le Detention Center Infection Control Decontamination Facd~ty F,re Station Roof Replacements F,re Station Concrete Repmrs Farmers' Market Relocat, on/Agncultural Vdlage (Part,al) F,re Training Center Enhancements Juvende Detention Facd,ty (Chesapeake) Pendleton Chdd Serwce Center Relocat, on TOTAL BUILDING PROJECTS 1,782,362 1,063,059 400,000 1,000,000 250,000 210,000 1,754,500 251,000 140,000 380,116 237,600 50,000 320,000 419,213 974,900 $ 9,232,750 90 91 92 93 94 95 96 97 98 99 lO0 101 PARKS AND RECREATION PROJECTS: 4-935 4-950 4-951 4-953 4-954 4-955 4-959 Pnncess Anne Park Expans,on - Phased Improvements (Part,al) Neighborhood Park Improvement - Backlog Reduction Ne~ghborhood/Commun,ty Park Acqu~s,t~on Development - H~gh Po,nt Mun,c, pal Golf Course Improvements (On-Going) Tennis Court Renovat, ons (On-Going) Athletic F~elds Upgrad,ng and L~ght~ng Golf Course Infrastructure and Equipment (On-Going) TOTAL PARKS AND RECREATION PROJECTS TOTAL GENERAL IMPROVEMENT PROJECTS $ 640,903 187,577 106,000 181,000 75,000 150,000 $ 200,000 $ 1,540,480 $ 99,753,544 102 1 O3 1 04 105 STORM WATER UTILITY PROJECTS. 2-020 Various Dra,nage Improvements 2-11 5 Rosemont Road - W~ndsor Woods Drmnage 2-170 North Beach Drainage - Interim Improvements 160,0OO 391,000 184,000 106 STORM WATER UTILITY PROJECTS: (concluded) 107 108 109 110 111 2-179 P, ne R, dge Dra,nage 2-183 Storm Water Qual,ty Enhancements 2-190 Laurel Manor Drainage (Inter,m) 2-902 North Beach Storm Dra,nage - Phase III TOTAL STORM WATER PROJECTS 640,000 135,000 50,000 140,000 1,700,000 112 113 114 115 116 117 118 119 1 20 121 122 1 23 1 24 125 126 127 WATER UTILITY PROJECTS. 5-002 5-053 5-056 5-066 5-067 5-103 5-108 5-119 5-123 5-124 5-125 5-126 5-127 5-973 Sandbndge Road - Phase II W,tchduck Point - 51% Type Thoroughgood - 51% Type 17th Street Tank Mod,flcat~ons Courthouse and Sandbndge Tank Mod,f, cat,ons Old Pr,ncess Anne Road - 51% Type Stumpy Lake - 51% Type Flow Mon,tonng System B,rdneck Road - Route 44 Intersection Tank Upgrade Program Ut, hty Bdl,ng Systems Upgrade - Phase I Water Quahty Program Landstown Yard Improvements - Phase II F,rst Colomal Road - Phase III TOTAL WATER UTILITY PROJECTS 620,000 5,000 5,000 12 000 500 000 65 000 100 000 250 000 100 000 500 000 182 000 500 000 100 000 110,000 3,049,000 128 129 130 131 132 133 134 135 136 137 138 139 140 141 1 42 1 43 144 145 146 147 148 149 1 50 151 152 1 53 1 54 155 156 157 158 159 1 6O 161 1 62 1 63 1 64 165 166 SEWER UTILITY PROJECTS. 6-001 6-005 6-OO7 6-008 6-022 6-023 6-024 6-026 6-029 6-053 6-054 6-055 6-058 6-059 6-931 6-939 6-947 6-949 6-999 Old Pr,ncess Anne Road F,rst Colomal Road - Phase III Ind,an R,ver Road/Hdlcrest Doz~er's Bridge Indian R,ver Road/Elbow Road Indian R~ver Road South Salem Road "A" W,tchduck Point Pnncess Anne/Courthouse/Holland Road B~rdneck Road - Route 44 Intersect, on Utd,ty Bdl,ng System Upgrade - Phase I Landstown Yard Improvements - Phase II Churchdl Downs Seaboard Road Golf Course Sandbndge Comprehens,ve Sewer Study Homestead Reon Drive Brock's Bndge 100,000 26,000 88,000 480,000 125,000 55,000 271,000 124,000 378,000 100,000 180,110 100,000 80,000 270,000 1,950,000 50,000 1,353,890 500,000 120,000 TOTAL SEWER UTILITY PROJECTS $ 6,351,000 TOTAL UTILITY PROJECTS $ 11,100,000 TOTAL APPROPRIATIONS $ 110,853,544 To be funded from the following sources: General Appropnat, ons General Fund Balance 1993 Charter Bonds Water and Sewer Fund Federal Contnbut~on Cert,flcates of Participation Lease-Purchase State Contnbut, on Water and Sewer Revenue Bonds Other Pnvate Contnbut, on Storm Water Utd,ty Fund TOTAL 11,530,713 8,608,612 40,200,000 2,000,000 669,500 29,819,734 1,375,000 903,950 7,400,000 1,646,035 5,000,000 1,700,000 110,853,544 Amounts appropriated above amend any 1993-94 fiscal year allocat, ons prev,ously authonzed the FY 1993-94 Operat, ng Budget adopted by the C~ty Councd on May 11, 1993. 167 168 Sect, on 4 That cap,tal project funds appropnated ,n pr, or fiscal years are to be adjusted accordance w,th sa,d Capital Improvement Program and reallocated as follows. 169 1 70 171 172 1 73 174 175 176 177 SCHOOL PROJECTS' TRANSFER TO: 1-059 Vanous Schools Add,t,ons/Convers,ons TOTAL TRANSFERS TO TRANSFER FROM. 1-011 Strawbndge Elementary School 1-050 Kemps Land,ng Renovations 1-980 Corporate Landing Elementary School TOTAL TRANSFERS FROM $ 600,000 $ 600,000 100,000 100,000 400,000 600,000 178 179 1 80 181 1 82 1 83 1 84 1 85 1 86 1 87 1 88 189 190 191 192 193 1 94 195 196 197 198 199 2OO 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 ROADWAYS PROJECTS: TRANSFER TO: 2-019 2-089 2-096 2-121 2-122 2-132 2-133 2-164 2-212 2-213 2-218 2-219 2-220 2-820 2-987 Ind,an Lakes Boulevard-Phase I Southeastern Expressway Acqu,s,t, on Ferrell Parkway - Phase V (Part~al) Roadway Impact Reduction Gum Swamp Bridge London Bridge Road - Extended Shore Dnve Intersections Jeanne Street Lask~n Road and Holly Intersect, on Queen C,ty Street Improvements Harbor Po,nt Road - Extended Independence Boulevard-Phase IV-C Equestnan Racetrack Access Improvements Pnncess Anne Road - Phase III Independence Boulevard - Phase IVA TOTAL TRANSFERS TO TRANSFER FROM 2-006 2-021 2-040 2-041 2-042 2-061 2-065 2-O70 2-075 2-080 2-092 2-135 2-1 50 2-167 2-176 2-211 2-305 2-600 2-810 2-820 2-925 2-929 2-930 2-945 2-962 2-980 2-984 Baxter Road W~demng Rural Road Improvements West Neck Bridge South Plaza Trad Bndge Mdl Dam Bridge Lynnhaven Parkway - Phase VII Ind,an R,ver Road - Phase IV Northampton Boulevard - Phase II Rosemont Road - Phase IV Ind,an R,ver Road - Phase V Northampton Boulevard - Phase IIA Lynnhaven Drive Ferrell Parkway-Phase VI and VII Lynnhaven Parkway - Phase XI Pnncess Anne/Sandbndge Road Intersect,on Secondary Street Improvements Ferrell Parkway-Phase II V~rg~n,a Beach Boulevard - Phase II Centervdle Turnp,ke - Phase IA Pnncess Anne Road - Phase III Northampton Boulevard - Phase I V~rgm~a Beach Boulevard - Phase III Salem Road Newsome Farms Streets Pungo Ferry Road Bridge Seatack Streets - Phase IIA Seatack Streets - Phase liB TOTAL TRANSFERS FROM 1,206,690 1,663,616 25,920 3,744 930,733 386,867 10,000 10,000 17,113 407,104 509,275 127,381 343,381 120,000 1,435,363 $ 7,197,187 $ 40,678 374,942 70,653 16,505 19,263 49,761 50,043 261,702 2,000,000 1,155,321 113,763 155,121 19,212 50,503 594,639 201,772 127,381 14,071 962,856 154,397 16,413 280,699 5,000 14,858 288,243 22,476 136,915 $ 7,197,187 225 226 227 228 229 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS: TRANSFER TO. 2-215 Resort Area Parking Improvements 2-245 West Neck Creek Golf Course 2-049 Resort Streetscape Improvements 350,000 1,500,000 2,418,090 23O 231 2.32 233 2.34. 23§ 238 TOTAL TRANSFERS TO ECONOMIC AND TOURISM DEVELOPMENT PROJECTS: (concluded) TRANSFER FROM: 2-094 Dome Area Development 2-066 Oceanfront Connector Parks 2-214 25th Street Park TOTAL TRANSFERS FROM $ 4,268,090 2,418,090 1,500,000 350,000 $ 4,268,090 237 238 239 24O 241 242 243 244 245 246 247 248 249 25O 251 252 253 254 255 256 257 258 259 26O 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 STORM WATER PROJECTS TRANSFER TO' 2-115 Rosemont Road - W, ndsor Woods 2-181 Pocahontas Vdlage Drainage System Improvements 2-186 W. ndsor Woods Drainage 2-190 Laurel Manor Dra.nage (Inter, m) 2-819 Ocean Park Storm Drainage 2-823 Salem Canal Improvements TOTAL TRANSFER TO. TRANSFER FROM: 2-020 Var, ous Drainage Improvements 2-113 NPDES Storm Water System Permit 2-800 Lynnhaven Colony Drmnage 2-821 D,amond Lake Estate Storm Drainage 2-902 North Beach Storm Dra,nage 2-960 Oceana Gardens West Dra,nage TOTAL TRANSFERS FROM BUILDING PROJECTS. TRANSFER TO: 3-007 Pest~c~de/Pa,nt Storage Fac~hty 3-010 Beach Borough Serwce Center 3-017 Pawhon Roof Repa,rs 3-029 Mun,c, pal Center Court Entry System 3-944 F~re State - Dttle Neck 3-945 London Br, dge Rre Stat, on Number 3 3-989 Refuse Collection and Garage Fac,l,ty TOTAL TRANSFERS TO TRANSFER FROM. 3-826 Energy Conservation Program 3-910 Kempswlle Pubhc Safety/L, brary 3-967 Correct, on Center Add~t, on 3-968 General Booth F~re Stat, on 3-986 Mumc, pal Center Renovat, on/Programm~ng TOTAL TRANSFERS FROM PARKS AND RECREATION PROJECTS: TRANSFER TO: 4-960 Outdoor Plan lint, at,ye Reserve TOTAL TRANSFERS TO' TRANSFER FROM: 4-948 Scemc Waterways Improvements 4-952 Future Commumty Park Acqu,s~t, on TOTAL TRANSFERS FROM $ 474,962 50,000 70,000 180,000 1,488,862 63,204 $ 2,327,028 180,000 500,000 306,000 291,998 473,030 576,000 $ 2,327,028 4O,O0O 1,092,828 50,000 110,000 27,OOO 14 150,000 $ 1,469,842 33,080 43,801 35,691 1,301,923 55,347 $ 1,469,842 $ 1,398,000 $ 1,398,000 398,000 1,000,000 $ 1,398,000 279 280 WATER AND SEWER UTILITY PROJECTS TRANSFER TO: 281 5-053 W,tchduck Pmnt - 51% $ 50,000 282 283 284 285 286 287 288 289 29O 291 292 293 294 295 296 297 298 299 300 5-066 17'h Street Tank Mod,f,catmns 5-068 Comprehens,ve Water Study - Phase II WATER AND SEWER UTILITY PROJECTS: (concluded) 5-069 5-071 5-097 5-118 6-005 6-008 6-015 6-026 6-044 6-O46 6-925 6-937 6-938 6-944 6-947 Small hne Improvements - Phase II Water Request and Agreement Projects - Phase II Busky Lane/Poyner Lane - 51% Computenzed Mapping Program F,rst Colonial Road - Phase III Doz~er's Br, dge Inflltratmn, Inflow, and Rehabfl,tat~on - Phase II W~tchduck Point Terrace Avenue/14th and Parks Computenzed Mapping Atlantic Avenue Aragona Rehabd,tat~on Pr,nces Anne Plaza Rehabd,tat, on Pnncess Anne H,IIs Homestead TOTAL TRANSFERS TO 18,000 100.000 350,000 50,000 10,000 950,000 74,000 210,000 1,350,000 131,000 200,000 950,000 100,000 200,000 700,000 200,000 306,110 8 5,949,110 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 TRANSFER FROM' 5-001 5-022 5-038 5-040 5-041 5-044 5-045 5-048 5-049 5-051 5-070 5-079 5-121 5-711 5-921 5-953 5-967 5-980 5-990 5-996 6-010 6-012 6-01 6 6-018 6-043 6-825 6-930 6-934 6-939 6-940 6-942 6-945 6-954 6-962 6-963 6-970 6-993 V~rg~n,a Beach Boulevard - Phase III Great Neck Point North Seaboard Road Lynnhaven Acres Bells Road - B,rdneck Road Independence Boulevard - Phase IIA-2 Independence Boulevard - Phase III Lynnwood/M~chaelwood - 51% Woodland - 51% Robb~ns Corner - 51% Vanous H,ghway Projects - Phase II Rosemont Road - Phase IV Pnncess Anne Road - Phase V Centerv,lle Turnpike London Bndge Road - Phase II Great Neck Road - Phase II Cavaher/Lmkhorn Park Shore Dnve Pump Station Mod,flcat, ons V,rg~n~a Beach Boulevard - Phase II Dam Neck Road - Phase I Red T, de Dnve South Plaza Trad Pump Station Mod~f, cat, ons- Phase II Vanous Sewer Projects - Phase II Bonney Road Pump Stat, on and Force Ma,n V,rg,n,a Beach Boulevard Lynnhaven Acres Bay Colony Comprehensive Sewer Study East Sparrow Road Great Neck Po,nt Larkspur V~rgm,a Beach Boulevard - Phase II T, mberlake Force Ma~n Dam Neck Road - Phase I V,rg,n~a Beach Boulevard - Phase III Old Dam Neck/Upton TOTAL TRANSFERS FROM 50000 261 866 18153 43,091 500,000 70,000 50,000 29,000 29,000 59,149 100.000 100,000 100 000 100,000 50 000 40,000 50 000 11 000 30 000 30 000 50 000 48 000 450 000 200 000 130 000 30 000 160,000 700,000 700,000 200,000 420,000 300,000 50,000 450,000 60,000 75,000 204,851 5,949,110 34O 341 Sect, on 5 That additional appropnat~ons and the add,t,on of capital projects shall not be ~mt,ated except w~th the consent and approval of the C~ty Council first be,ng obta,ned. 342 343 344 345 Sect,on 6. That the restnct~on w~th respect to the expend,ture of funds appropnated shall apply only to the totals of each project class. All contracts awarded for approved and appropnated cap,tal projects, exclusive of school projects, must be cert,fled as to the avadabd,ty of funds by the D,rector of F,nance prior to the ,mt, at, on of work on the contract 346 347 348 349 35O 351 352 353 354 355 356 357 358 359 Section 7 That the Capital Improvement Program debt management pohc~es conta,ned and ,ncluded ,n the C.I.P. Pol,c,es and Process Section of the Cap,tal Improvement Program document shall be the pohcy gu,del,nes of the c,ty and that the C,ty Manager shall annually report on the status of those gu,del~nes and the projected ,mpact of the proposed Cap,tal Improvement Program on those gu,del,nes, such ,nformat,on to be ,ncluded ,n the Cap,tal Improvement Program subm,ttal. The C,ty Manager may propose mod,f,cat, ons to those pohc,es and gu~dehnes through the Capital Improvement Program. Sect, on 8. That th~s ordinance shall be ~n effect from and after the date of ,ts adopt,on Section 9 That ,f any part or parts, sect, on or sect, ons, sentences, clauses, phrases of th~s ord,nance ~s for any reason declared to be unconst,tut,onal or ~nvahd, such decks,on shall not affect the vahd,ty of the rema,mng port, ons of th,s ordinance. Adopted by the Councd of the C,ty of V~rg,n,a Beach, V~rg~ma on the __ day of ,1993. F,rst Read,ng' Second Read,ng: Nnv~mhar 2~: 1993 Approved as to Content Department of Management and Budget - 10 - Item H-H. 1. ORDINANCES/RESOL UTIONS ITEM # 37414 The City Council INCLUDED UNDER ADOPTION OF CAPITAL IMPROVEMENT PROGRAM: Resolution authorizing issuance of Certificates of Participation in an amount not to exceed $35,911,~,~,~ $29.819,754 re expansion of the Virginia Marine Science Museum; and, authorizing the City Manager to execute all necessary documents and contracts and take all necessary action to commence the proposed project. November 23, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A RESOLUTION AUTHORIZING ISSUANCE OF CERTIFICATES OF PARTICIPATION IN AN AMOUNT NOT TO EXCEED $29,819,734 WHEREAS, the city Council, by adoption of the FY 1993-94 Capital Budget, has appropriated $41,211,000 to fund the expansion of the Virginia Marine Science Museum; and WHEREAS, the funding sources for this appropriation include up to $29,819,734 in Certificates of Participation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The issuance of Certificates of Participation is authorized in the maximum amount of $29,819,734 to provide funds, together with other available funds, for financing the costs of the expansion of the Virginia Marine Science Museum. 2. Such resolutions to be adopted and agreements to be entered into hereafter authorizing issuance of the Certificates of Participation and providing the details thereof shall include such covenants, agreements, and other terms as are consistent for the protection of the holders of the certificates. 3. The City Manager is authorized, upon adoption of the 1993-94 capital budget appropriations ordinance and the adoption of this resolution to execute all necessary documents and contracts and take all necessary action to commence the proposed project. 4. This Ordinance shall be in full force and effect from passage. Adopted by the Council of the City of Virginia Beach, 1993. Virginia, on the 23rd day of November APPROVED: ATTEST'. City Clerk CA-5370 ORDIN\NONCODE\COP.RES R-3 - PREPARED: 11/24/93 Mayor First Reading: Second Reading: - 11 - Item II-H.l.a.(2) ORDINANCES/RESOL UTIONS ITEM # 37415 Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ADOPTED, AS AMENDED FY 1993-1994 /FY 1998-1999 CAPITAL IMPROI~MENT PROGRAM: OPTION IIA: Ordinance authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $40,200,000 for various Public Facilities and General Improvements. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor Wilham D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $40,200,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL IMPROVEMENTS ALTERNATIVE 2A AMENDED WITH SANDBRIDGE WHEREAS, the C,ty of V~rg,ma Beach, V,rg,n,a (the "C,ty"), des,res to authonze the ,ssuance of general obhgat, on pubhc ,mprovement bonds for vanous purposes ,n the max,mum amount of $40,200,000, as perm,tted by the City Charter w~thout subm,tting the question of the,r ,ssuance to the quahf, ed voters. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It ~s hereby determined to be necessary and exped,ent for the C,ty to construct and ~mprove vanous publ,c facd,t,es and general improvements, all of wh,ch will promote the publ,c welfare of the C,ty and ,ts ,nhab,tants and wdl facd,tate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrow,ng of $40,200,000 and ,ssumg the C,ty's general obhgat~on bonds therefor. 2 Pursuant to the C,ty Charter and the Public F,nance Act of 1991, there are hereby authonzed to be ,ssued pubhc ,mprovement bonds of the C,ty ,n the maximum amount of $40,200.000, to provide funds, together w~th other funds that may be avadable, for follow,ng purposes: School projects, ,nclud,ng planning, des,gn, s,te acqu,s,t~on, construct,on, renovat,on. expansion, equ,pp~ng, and furn,sh,ng of schools and related facd,t~es. Road projects, ~nclud,ng des,gn, planmng, s,te acqu,s,t,on, construct, on, ,mprovements, and landscap,ng of roadways and bndges. Economic and Tounsm projects, includ,ng des,gn, s,te acqu~s,t, on, planmng, expans,on, constructmn, ,mprovements, and landscaping of property and cap,tal ,mprovements. V,rg~n,a Marine Science Museum Expansion project, ,nclud,ng planning, des,gn, construct, on. renovation, expansion, equipping, and furmsh,ng of the V~rg~n,a Mar,ne Science Museum expansion Budd,ng projects, ,nclud,ng plann,ng, design, s,te acqu,s,ton, construct, on, renovat, on, expans,on, equ, pp, ng, and furn,shmg of city and related facd,t,es ,nclud,ng a juvenile detent, on center. $ 31.783,734 820,000 2.500.000 4,971.266 125,000 TOTAL $ 40,200,000 Any amount not needed for one of such purposes may be used for another of such purposes, The bonds may be ,ssued as a separate ,ssue or combined with bonds author,zed for other purposes and sold as part of one or more combined ,ssues of public improvement bonds, 3, The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed ~n such manner and be sold at such t~me or times and in such manner as the Council may hereafter provide by appropriate resolution or resolut, ons. 4. The bonds shall be general obligations of the C,ty for the payment of principal, premium, if any, and ,nterest on which its full faith and credit shall be irrevocably pledged. 5. The City intends to receive reimbursement from proceeds of the sale of the Bonds for costs related to the purposes for wh, ch the Bonds are to be ,ssued that are paid by the City prior to the 51 52 53 54 55 56 57 58 59 6O 61 ~ssuance of the Bonds. The City intends that the adoption of th,s ordinance be considered as "official ,ntent" w~th~n the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. The City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal bus~ness hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the Bonds. 7. The City Clerk, in collaboration with the City Attorney is authorized and directed to see to the immediate filing of a certified copy of this ordinance with the Circuit Court of the C~ty of V~rglnla Beach. 8 This ordinance shall be in full force and effect from its passage Adopted by the Councd of the City of V,rgm,a Beach, Virginia on the 23rd day of November, 1993. NOTE Requires eight affirmative votes for adoption. Approved as to Content D~3ahment of/" Management and Budget - 12 - Item H-H.I.a.(3) ORDINANCES~RESOLUTIONS ITEM # 37416 Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ADOPTED, AS AMENDED FY 1993-1994 /FY 1998-1999 CAPITAL IMPROVEMENT PROGRAM: OPTION IIA: Ordinance authorizing the issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $$,450,000.* *With the ADOPTION of the Ordinance establishing Project g6-931 Sandbridge Sewer as a Capital Project in the FY 1993-1994/FY 1998-1999 Capital Improvement Program; and, APPROPRIATE $1,950,000 of Revenue Bonds for FY 1993-1994, the correct amount of the Ordinance authorizing the issuance of Water and Sewer System Revenue Bonds is $7,400,000. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert I~ Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $7,400,000 ALTERNATIVE 2A AMENDED WITH SANDBRIDGE WHEREAS, the City of Virginia Beach, Vlrg,nla (the "City"), desires to authonze the issuance of water and sewer system revenue bonds in the maximum amount of $7,400,000 for financing ~mprovements and expansions to the City's water and sewer system (the "System"), as permitted by the City Charter w~thout submitting the question of their ~ssuance to the quahfled voters; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City to continue its program of ~mprovlng and extending the System which wdl promote the public welfare of the City and its inhabitants and will facdltate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of $7,400,000 and issuing the C~ty's revenue bonds therefor. 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water and sewer system revenue bonds of the City ~n the maximum amount of $7,400,000 to provide funds, together with other available funds, for financing the costs of improvements and expansions to the System 3. The bonds shall bear such date or dates, mature at such t~me or t~mes not exceeding 40 years from their dates, bear interest, be in such denom~nat, ons and form, be executed ~n such manner and be sold at such t~me or times and in such manner as the Council may hereafter provide by appropnate resolution or resolutions. 4. The system is an undertaking from which the City may denve a revenue. The bonds shall be hm~ted obligations of the City, payable as to pnnc~pal, premium, if any, and interest solely from the revenues derived by the City from the System, and shall not be ~ncluded within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of V,rg,ma or of any county, city, town, or other pohtlcal subd,vlsmn of the Commonwealth, includ~ng the City, and shall so state on their face. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subd,vls~on of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefor, except from the revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds. 5. Such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use of and the serwces furnished by the System and to rewse the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are customary for the protecbon of the holders of water 40 and sewer revenue obhgatlons. 41 42 43 44 45 46 47 48 49 50 51 52 53 6. The City intends to receive reimbursement from proceeds of the sale of the bonds for costs related to the purposes for which the bonds are to be ,ssued that are paid by the City pnor to the ~ssuance of the bonds. The C~ty ,ntends that the adoption of th,s ordinance be considered as "off, c~al intent" w~thln the mean,ng of Treasury Regulations Section 1.1 §0-2 promulgated under the Internal Revenue Code of 1986, as amended. 7 The City Clerk ~s directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the ~ssuance of the bonds. 8. The City Clerk, in collaboration with the C~ty Attorney is authorized and d~rected to see to the ~mmediate filing of the certified copy of this ordinance with the C~rcult Court of the City of Virginia Beach. 9. This ordinance shall be ~n full force and effect from its passage. 1993 Adopted by the Council of the City of Virginia Beach, V~rglnla on the 23rd day of November, 54 55 56 57 Approved as to Content Management and Budget - 13 - Item II-H. 1. a. (4) ORDINANCES~RESOLUTIONS ITEM # 37417 Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ADOPTED, AS AMENDED FY 1993-1994 /FY 1998-1999 CAPITAL IMPROVEMENT PROGRAM: OPTION IIA: Ordinance to AMEND and REORDAIN Or&nance No 93-2204A re Tourism Growth and Investment Special Revenue Fund. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert lC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy lC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 93-2204A PERTAINING TO THE TOURISM GROWTH AND INVESTMENT SPECIAL REVENUE FUND WHEREAS, on February 2, 1993, City Council adopted Ordinance No. 93-2204A which, among other things, established the Tourism Growth and Investment Special Revenue Fund; and WHEREAS, on May 25, 1993, City Council adopted Ordinance No. 93-2228E which amended 93-2204A by adding the Pacific Avenue Demonstration/Dome Area Improvements Project to the list of.capital projects authorized thereunder; and WHEREAS, City Council desires to add an additional capital project to the list of capital projects authorized thereunder. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Ordinance No. 93-2204A, as amended on May 25, 1993 (Ordinance No. 93-2228E) is hereby amended and reordained by adding the Beach Erosion Control and Hurricane Protection Project to the list of capital projects established thereunder as the Tourism Growth and Investment Program. 2. That this Ordinance shall become effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the ?~r~ day of N~v~mh~r , 1993. 26 27 28 29 CA-5349 \ ORDIN \NONCODE \ TOURI SM. ORD R-1 PREPARED: November 2, 1993 ~ ' ('/DEPARTMENT APPROVED AS TO LEGAL ,SUFFICIENCY AND FOPM CITY A'I'i'ORN EY - 14 - Item H-H.I.d. ORDINANCES/RESOL UTIONS ITEM # 37418 Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance establishing Project 86-931 Sandbridge Sewer as a Capital Project in the FY 1993-1994/FY 1998-1999 Capital Improvement Program; and, APPROPRIATE $1,950,000 of Revenue Bonds for FY 1993 -1994. Voting: 7-3 Council Members Voting Aye: John ,4. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Louis I~ Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, and Vice Mayor William D. Sessorns, Jr. Council Members l~oting Nay: Robert I~ Dean, John D. Moss and Nancy IC Parker Council Members Absent: James W. Brazier, Jr. November 23, 1993 AN ORDINANCE TO ESTABLISH SEWER PROJECT //6-931 SANDBRIDGE AS A CAPITAL PROJECT IN THE CAPITAL IMPROVEMENT PROGRAM AND APPROPRIATE $1,950,000 OF REVENUE BONDS FOR FY 1993-94 WHEREAS, it ,s the desire of C~ty Council to establ,sh Sewer Project//6-931 Sandbndge as a project m the FY 1993-94/FY 1998-99 Capital Improvement Program w~th a total project cost estimate of $16,763,000 and with FY 1993-94 appropriations of $1,950,000. 10 11 12 13 14 15 16 17 18 19 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Project//6-931 Sandbndge Sewer ~s hereby estabhshed as a capital project with a total project cost estimate of $16,763,000 and w~th FY 1993-94 appropriations of $1,950,000. 2. That the appropriations be offset by a $1,950,000 ~ncrease ~n the FY 1993-94 water and sewer revenue bond issue. 3. That th~s project, as shown per attachment, be made a part of the FY 1993- 94/FY 1998-99 Capital Improvement Program. Th,s ordinance shall be ,n full force and effect from ~ts passage. Adopted by the Councd of the C~ty of V~rg,ma Beach, V~rgln,a on the 23rd day of November., 1993. Approved as to Content Management and Budget - 15 - Item II-H. 1. e. ORDINANCES/RESOL UTIONS ITEM # 37419 BY CONSENSUS, City Council PULLED FROM AGENDA: Resolution re FY 1993-1994/1998-1999 Capital Improvement Program for Schools. November 23, 1993 - 16 - Item H-H.2. ORDINANCES/RESOL UTIONS ITEM # 37420 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolution authorizing the City Manager to enter into a Consent Special Order with the State Water Control Board pursuant to Section 62.1- 44.15(8)(a) of the Code of Virginia extending the time periods for compliance with underground storage tank (UST) regulations and ensure the City's ability to obtain reimbursement for remediation costs in excess of statutory limits of responsibility under the Virginia Petroleum Storage Tank fund. Voting: 10-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert I~ Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSENT SPECIAL ORDER WITH THE STATE WATER CONTROL BOARD PURSUANT TO SECTION 62.1-44.15 (8) (a) OF THE CODE OF VIRGINIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the City of Virginia Beach is the owner of certain underground storage tanks (USTS) which are subject to regulations promulgated and enforced by the State Water Control Board; and WHEREAS, the City of Virginia Beach has discovered that the number of UST sites requiring remediation or site reports exceeds initial projections, and costs for the aforesaid remediation and site reports required under the UST regulations exceed available funding; and WHEREAS, it is necessary to enter into a Consent Special Order with the State Water Control Board pursuant to Virginia Code Section 62.1-44.15(8) (a) to extend the time periods for compliance with UST regulations and to ensure the City's ability to obtain reimbursement for remediation costs in excess of statutory limits of responsibility under the Virginia Petroleum Storage Tank fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: The City Manager is hereby authorized to enter into a Consent Special Order with the State Water Control Board in substantial conformity with the attached proposed Order. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of November 1993 28 29 30 31 CA-5366 ORDIN\NONCODE\UST. RES R-3 PREPARED: NOVEMBER 17, 1993 RICHARD N. BURTON DI~.ECTOR COMMON%VEALTH of VIRQINIA DEPARTMENT OF ENVIRONMENTAL QUALITY (804) 527-5000 TDD (804) 527-4261 STATE WATER CONTROL BOARD ENFORCEMENT ACTION SPECIAL ORDER ISSUED TO THE CITY OF VIRGINIA BEACH, VIRGINIA This is a Special Order issued by the State Water Control Board (the Board) under the authority of Section 62.1-44.15 (Sa) and Section 10.1-1185 of the Code of Virginia, to the City of Virginia Beach which has voluntarily consented to the issuance of the Order. The City of Virginia Beach (Virginia Beach) is an owner and operator of underground storage tank (UST) systems within the meaning of the State Water Control Law, Section 62.1-44.34:8 of the Code of Virginia and Regulation VR 680-13-02. Virginia Beach is required to observe the statutory and regulatory requirements for USTs as enumerated in Section 62.1-44.34:8, et seq., of the Code of Virginia and Regulations VR 680-13-02 and VR 680-13-03. On March 15, 1990, Virginia Beach reported a gasoline release from an UST system consisting of two 2,000 gallon USTs located at Virginia Beach's Dredging Operations Center located at 753 General Booth Boulevard. On March 15, 1990, the Department of Environmental Quality's (DEQ) Tidewater Regional Office (TRO) required Virginia Beach to submit a Site Characterization Report (SCR) for the confirmed release by April 30, 1990 (PC 90-1192). The TRO extended the SCR due date to May 30, 1990, at Virginia Beach's request. On August 13, 1990, Virginia Beach submitted a SCR for the subject site. By letter dated October 7, 1992, the TRO informed Virginia Beach that the SCR for the site was complete and that the excavation of up to 500 cubic yards of contaminated soil was required to abate contamination. The required abatement actions were to be completed by December 14, 1992. In order to document the successful completion of the required abatement actions, Virginia Beach was required to submit a report which included the following information: 1) sample results for excavated soils, 2) water Division, P.O. Box 11143, Richmond, Virginia 23230-1143 documentation of the amount and final disposal location of excavated soils, 3) sample results from residual soils remaining in the excavated area, and 4) sample results from groundwater taken from existing on site monitoring wells. To date, the required abatement actions have not been performed. It is a requirement of state law to assess and remediate the impact of UST releases in a timely manner as defined in the State Water Control Law, Section 62.1-44.34:8 of the Code of Virginia, et seq., and Regulation VR 680-13-02. Virginia Beach has failed to perform required actions at its Dredging Operations facility in a timely manner in accordance with State law and Board regulations, as evidenced by the following Notices of Violation (NOVs): · NOV No. 93-10-TRO-021, issued on October 23, 1993, which cited the following violation: Failure to provide contaminated soil removal documentation (Due 12/14/92) as required by letter dated 10/7/92. · NOV No. 93-09-TRO-021, issued on September 20, 1993, which cited the following violation: Failure to provide contaminated soil removal documentation (Due 12/14/92) as required by letter dated 10/7/92. · NOV No. 93-08-TRO-041, issued on August 25, 1993, which cited the following violation: Failure to provide contaminated soil removal documentation (Due 12/14/92) as required by letter dated 10/7/92. · NOV No. 93-07-TRO-062, issued on July 23, 1993, which cited the following violation: Failure to provide contaminated soil removal documentation (Due 12/14/92) as required by letter dated 10/7/92. · NOV No. 93-06-TRO-062, issued on June 29, 1993, which cited the following violation: Failure to provide contaminated soil removal documentation (Due 12/14/92) as required by letter dated 10/7/92. · NOV No. 93-05-TRO-049, issued on May 26, 1993, which cited the following violation: Failure to provide contaminated soil removal documentation (Due 12/14/92) as required by letter dated 10/7/92. · NOV No. 93-04-TRO-049, issued on April 26, 1993, which cited the following violation: Failure to provide contaminated soil removal documentation (Due 12/14/92) as required by letter dated 10/7/92. On December 10, 1990, Virginia Beach reported a petroleum release from an UST system located at Virginia Beach's Second Police Precinct (PC 91-0823). On December 21, 1990, the TRO required Virginia Beach to submit a SCR for the confirmed release by January 24, 1991. At Virginia Beach's request the SCR due date was extended to March 1, 1991. On May 24, 1991, Virginia Beach submitted a SCR for the subject site. By letter dated February 23, 1993, the TRO informed Virginia Beach that the SCR for the site was deficient and that a SCR addendum must be submitted for the site by April 12, 1993. On March 16, 1993, Virginia Beach submitted a report regarding free product recovery activities performed at the Second Precinct site. The report indicated that free product would be recovered on a monthly basis. By letter dated June 10, 1993, Virginia Beach indicated that free product was still present at the site and that additional characterization work was proceeding. The required Site Characterization Report addendum due on April 12, 1993, has not been received to date. In addition, no further information concerning the conduct of free product recovery operations has been submitted since June 10, 1993. It is a requirement of state law to assess and remediate the impact of UST releases in a timely manner as defined in the State Water Control Law, Section 62.1-44.34:8 of the Code of Virginia, et seq., and Regulation VR 680-13-02. Virginia Beach has failed to perform required actions at its Second Police Precinct facility in a timely manner in accordance with State law and Board regulations, as evidenced by the following NOV: · NOV No. 93-10-TRO-024, issued on October 22, 1993,which cited the following violation: Failed to submit a complete, adequate site characterization in violation of VR 680-13-02 (additional information due 4/12/93). · NOV No. 93-09-TRO-024, issued on September 20, 1993, which cited the following violation: Failure to submit additional Site Characterization Report information (due 4/12/93). On June 6, 1991, Virginia Beach reported a gasoline release from a second UST system at Virginia Beach's Dredging Operations Center located at 753 General Booth Boulevard (PC 91-1814). This UST system is located approximately 60 to 80 feet from the UST system referenced as PC 90-1192. On June 6, 1991, the TRO required Virginia Beach to submit a SCR for the confirmed release by July 22, 1991. The SCR due date was extended to September 20, 1991, at Virginia Beach's request. On October 28, 1991, Virginia Beach submitted a SCR for the Dredging Operations Center site. By letter dated October 7, 1992, the TRO informed Virginia Beach that the SCR for the site was complete and that excavation of up to 500 cubic yards of contaminated soil was required to abate contamination. The required abatement actions were to be completed by December 14, 1992. In order to document the successful completion of the required abatement actions, Virginia Beach was required to submit a report which included the following information: 1) sample results for excavated soils, 2) documentation of the amount and final disposal location of excavated soils, 3) sample results from residual soils remaining in the excavated area, and 4) sample results from groundwater taken from existing on site monitoring wells. The due date for completing abatement actions was extended to February 11, 1993, at Virginia Beach's request. On May 12, 1993, Virginia Beach informed the TRO that the required abatement actions would be completed by July 15, 1993. To date, the required abatement actions have not been performed. It is a requirement of state law to assess and remediate the impact of UST releases in a timely manner as defined in the State Water Control Law, Section 62.1-44.34:8 of the Code of Virginia, et seq., and Regulation VR 680-13-02. Virginia Beach has failed to perform required actions at its Dredging Operations facility in a timely manner in accordance with State law and Board regulations, as evidenced by the following NOV: · NOV No. 93-10-TRO-027, issued on October 22, 1993, which cited the following violation: Failure to provide contaminated soil removal documentation (Due 2/11/93) as required by letter dated 11/24/92. · NOV No. 93-06-TRO-063, issued on June 29, 1993, which cited the following violation: Failure to provide contaminated soil removal documentation (Due 2/11/93) as required by letter dated 11/24/92. On January 29, 1993, Virginia Beach reported a petroleum release from an UST system located at Virginia Beach's Landstown Road Annex (PC 93-1461). On February 8, 1993, the TRO required Virginia Beach to submit a SCR for the confirmed release by March 22, 1993. On May 12, 1993, Virginia Beach submitted a free product recovery report for the site which indicated that free product would continue to be recovered weekly. Additional information regarding Virginia Beach's free product recovery activities and site characterization activities has not been submitted to date. It is a requirement of state law to assess and remediate the impact of UST releases in a timely manner as defined in the State Water Control Law, Section 62.1-44.34:8 of the Code of Virginia, et seq., and Regulation VR 680-13-02. Virginia Beach has failed to perform required actions at its Dredging Operations facility in a timely manner in accordance with State law and Board regulations, as evidenced by the following NOV: · NOV No. 93-10-TRO-026, issued on October 22, 1993, which cited the following violation: Failure to provide a complete adequate site characterization (due 3/22/93). In addition to the above listed sites, Virginia Beach is the owner and operator of other UST systems within the City of Virginia Beach where Virginia Beach is required to perform necessary release investigations and/or corrective actions in accordance with the State Water Control Law and Regulation VR 680-13-02. On February 20, 1990, Virginia Beach reported a petroleum release from an UST system located at Virginia Beach's Fire Station Number 16 (PC 90-1058). On February 20, 1990, the TRO required Virginia Beach to submit a SCR for the confirmed release by April 4, 1990. At Virginia Beach's request the SCR due date was extended to May 4, 1990. On August 2, 1990, Virginia Beach submitted a SCR for the subject site. On October 13, 1992, the TRO informed Virginia Beach that the SCR was deficient and required submittal of a SCR addendum by November 20, 1992. In addition to other site characterization information, the SCR was to include information on free product recovery activities performed at the site. On December 4, 1992, Virginia Beach submitted a SCR addendum. By letter dated December 7, 1992, Virginia Beach reported free product was being recovered at the site on a bi-weekly basis. On June 24, 1993, Virginia Beach indicated that free product was still present at the site and that free product would be recovered on a monthly basis. No additional information regarding free product recovery activities has been received since June 24, 1993. On September 30, 1992, Virginia Beach reported a confirmed petroleum release from an UST system located at Virginia Beach's Fire Station Number 12 (PC 93-0359). On October 9, 1992, the TRO required Virginia Beach to submit a SCR for the confirmed release by November 17, 1992. At Virginia Beach's request the SCR due date was extended to January 18, 1993. On January 22, 1993, Virginia Beach submitted a SCR for the subject site. Virginia Beach submitted free product recovery reports for the site on February 11, 1993, March 9, 1993, and May 17, 1993. The May 17, 1993, report indicated free product was still present at the site and recovery would continue on a bi-weekly basis. No additional information regarding free product recovery activities has been received since May 17, 1993. On June 16, 1993, Virginia Beach reported a suspected petroleum release from a second UST system located at Virginia Beach's Fire Station Number 12 (PC 93-Z506). In a letter dated June 21, 1993, the TRO required Virginia Beach to submit a complete Release Investigation and Confirmation Report (Site Check) for the suspected release by June 23, 1993. At Virginia Beach's request the Site Check due date was extended to August 23, 1993. The required Site Check has not been received. On June 17, 1993, Virginia Beach reported a suspected petroleum release from an UST system located at Virginia Beach's Bendix Road Refuse Collection Center (PC ~3-25~$). In a letter dated June 21, 1993, the TRO required Virginia Beach to submit a complete Site Check for the suspected release by June 24, 1993. At Virginia Beach's request the Site Check due date was extended to August 23, 1993. The required Site Check has not been received. On June 17, 1993, Virginia Beach reported a suspected petroleum release from an UST system located at Virginia Beach's Bayside Mosquito Control facility (PC ~3-Z$~?). In a letter dated June 21, 1993, the TRO required Virginia Beach to submit a complete Site Check for the suspected release by June 24, 1993. At Virginia Beach's request the Site Check due date was extended to August 23, 1993. The required Site Check has not been received. On June 17, 1993, Virginia Beach reported a suspected petroleum release from an UST system located at Virginia Beach's Lynnhaven Mosquito Control facility (PC 93-2518). In a letter dated June 21, 1993, the TRO required Virginia Beach to submit a complete Site Check for the suspected release by June 24, 1993. At Virginia Beach's request the Site Check due date was extended to August 23, 1993. The required Site Check has not been received. On June 30, 1993, Virginia Beach reported a suspected petroleum release from an UST system located at Virginia Beach's 19th Street Municipal Parking Lot (PC 93-2615). In a letter dated August 10, 1993, the TRO required Virginia Beach to submit a complete Site Check for the suspected release by August 12, 1993. At Virginia Beach's request the Site Check due date was extended to October 12, 1993. The required Site Check has not been received. On July 30, 1993, Virginia Beach reported a suspected petroleum release from an UST system located at Virginia Beach's Haygood Point Sewer Pump Station (PC 94-0191). In a letter dated August 4, 1993, the TRO required Virginia Beach to submit a complete Site Check for the suspected release by August 6, 1993. At Virginia Beach's request the Site Check due date was extended to October 6, 1993. The required Site Check has not been received. On September 30, 1993, Virginia Beach reported a suspected petroleum release from an UST system located at Virginia Beach's Magistrates Drive Sewer Pump Station (PC 94-0556). In a letter dated October 5, 1993, the TRO required Virginia Beach to submit a complete Site Check for the suspected release by October 7, 1993. The required Site Check has not been received. Without admitting any of the aforementioned allegations, and in order for Virginia Beach to come into compliance with applicable State laws and regulations, the Board orders Virginia Beach and Virginia Beach agrees to comply with and perform the items listed in Appendix A, Appendix B, Appendix C, Appendix D, and Appendix E of this Order. Virginia Beach agrees to be bound by any compliance dates in this Order which precede the effective date of this Order. Virginia Beach waives its rights to a hearing on, to judicial review of, and to service of this Order. Virginia Beach also waives its right to written findings of fact and conclusions of law to support this Order. Virginia Beach further agrees that the Board may cancel this Order in its sole discretion upon 30 days written notice; otherwise the Order may be modified only with Virginia Beach's agreement or after due notice and opportunity for a hearing. Virginia Beach does not waive its right of judicial review in regards to questions or interpretations of this Order, in the event that disputes arise as to the meaning of the Order. By signing this Order, Virginia Beach in no way impedes or compromises its ability to access the Virginia Petroleum Storage Tank Fund (VPSTF) to the extent permitted by law, or acknowledges any acts or omissions covered by Section 21(4) (a-c) of the Petroleum Underground Storage Tank Financial Responsibility Requirements (VR 680-13-03). Virginia Beach represents to the Board that it is committed to observing, following, and performing all acts, as regarding the management of their USTs, according to all the lawful requirements of the State Water Control Law, Section 62.1-44.34:8 et seq. of the Code of Virginia and Regulation VR 680-13-02, and all other requirements within the jurisdiction of the State Water Control Board's authority. This Order shall become effective upon the date of its execution by the Director of the Department of Environmental Quality or his designee. And it is SO ORDERED this day of , 19 . Richard N. Burton, Director Department of Environmental Quality The City of Virginia Beach voluntarily agrees to the issuance of this Order. Date: By: State of County/City of The foregoing document was signed and acknowledged before me this day of , 19 by , (Name) who is of (Title) (City) on behalf of the City. Notary Public My Commission expires: · . . · · Pertaining to: City of Virginia Beach Fire Station Number 1~ (PC 90-~058) Fire Station Number 12 (PC 93-0359) Immediately initiate or resume free product removal activities in accordance with VR 680-13-02, Section 6.5, and submit monthly free product monitoring reports describing the results of free product removal activities by the tenth of each month commencing December ~0, ~993, to the Tidewater Regional Office (TRO) until the TRO provides written notification modifying or cancelling the free product removal requirement. Any deficiencies in the SCR documents submitted for the subject sites, as determined by the TRO, are to be addressed vithin 45 days of receipt of written notice by Virginia Beach from the TRO. Within 45 days of receipt of written notification from the TRO approving the SCR for a site listed under Appendix A, submit all CAP documentation in accordance with the requirements of VR 680-13-02 and/or VR 680-14-11 to the TRO. Any deficiencies in CAP documentation, as determined by the TRO, are to be addressed within 45 days of written notice to Virginia Beach from the TRO. Upon approval, commence remediation of the site in accordance with CAP permit and plan requirements. Required reports, plans, and notifications required by Appendix A are to be delivered to the Department of Environmental Quality, Tidewater Regional Office, 287 Pembroke Office Park, Suite 310 - Pembroke II, Virginia Beach, Virginia 23462, Attention: David Borton. ~ppendix B Pertaining to: City of Virginia Beach Fire Station Number 12 (PC 93-2506); Bendix Road Refuse Collection Center (PC 93-2516); Bayside Mosquito Control (PC 93-2517); Lynnhaven Mosquito Control (PC 93-2518); 19th Street Municipal Parking Lot (PC 93-2615); Haygood Point Sewer Pump Station (PC 94-0191); Magistrates Drive Sewer Pump Station (PC 94-0556) · · · By March 25, 1994, submit to the Tidewater Regional Office (TRO) a complete Release Investigation and Confirmation Report (Site Check) in accordance with VR 680-13-02, Section 5.3, sufficient to confirm whether or not a release of product has occurred from the UST system owned by Virginia Beach at each of the subject sites. In the event a release is confirmed at sites covered by Appendix B, Virginia Beach is to observe, follow, and perform all actions according to the lawful requirements of the State Water Control Law, Section 62.1-44.34:8, et seq., of the Code of Virginia and Regulation VR 680-13-02, (including reporting within 24 hours of release confirmation any release discovered while performing site check activities) and all other pertinent corrective action requirements within the authority of the State Water Control Board and the Department of Environmental Quality as may be necessary at the subject sites. Required reports, plans, and notifications required by Appendix B are to be delivered to the Department of Environmental Quality, Tidewater Regional Office, 287 Pembroke Office Park, Suite 310 - Pembroke II, Virginia Beach, Virginia 23462, Attention: David Borton. Pertaining to: City of Virginia Beach Second Police Precinct (PC 91-0823); Landstown Road Annex (PC 93-1461); · . · . . I~mediately initiate or resume free product removal activities in accordance with VR 680-13-02, Section 6.5, and submit monthly free product monitoring reports describing the results of free product removal activities by the tenth of each month commencing December 10, 1993, to the Tidewater Regional Office (TRO) until the TRO provides written notification modifying or cancelling the free product removal requirement· By March 25, 1994, submit to the TRO a complete Site Characterization Report (SCR) for each UST release in accordance with VR 680-13-02, Section 6.4, to the TRO. Each SCR shall include site, risk, and remediation assessments in accordance with Regulation VR 680-13-02. Any deficiencies in a SCR, as determined by the TRO, are to be addressed within 45 days of written notice to Virginia Beach from the TRO. Within 45 days of receipt of written notification from the TRO approving the SCR for a site, submit all CAP documentation in accordance with the requirements of VR 680- 13-02 and/or VR 680-14-11 to the TRO. Any deficiencies in CAP documentation, as determined by the TRO, are to be addressed within 45 days of written notice to Virginia Beach from the TRO. upon approval, commence remediation of the subject sites in accordance with CAP permit and plan requirements. Required reports, plans, and notifications required by Appendix C are to be delivered to the Department of Environmental Quality, Tidewater Regional Office, 287 Pembroke Office Park, Suite 310 - Pembroke II, Virginia Beach, Virginia 23462, Attention: David Borton. &ppen~ix D Pertaining to: City of Virginia Beach Dredging Operations Center, Automotive Center (PC 90-119Z) Dredging Operations Center, Police Department (PC 91-1814) i · · · By March 4, 1994, complete abatement actions required at each site and submit a report describing the abatement actions performed at the subject sites. Each report shall document the following: a) sample excavated soils to document the level of Total Petroleum Hydrocarbons (TPH) in accordance with Department of Environmental Quality, Waste Division Guidelines for petroleum contaminated soil disposal; b) document the proper disposal of all petroleum contaminated soils; c) sample soils at the sides and bottom of the excavated area ("grab" samples only) to document the level of TPH contamination remaining; d) sample monitoring wells used in preparation of the SCR submitted for the subject sites to document the concentration of TPH in groundwater as outlined in the remediation assessment of the SCR prepared for the two sites. Any deficiencies in abatement documentation submitted, as determined by the TRO, are to be addressed within 30 days of written notice to Virginia Beach from the TRO. Observe, follow, and perform all actions according to the lawful requirements of the State Water Control Law, Section 62.1-44.34:8, et seq., of the Code of Virginia and Regulation VR 680-13-02, and all other pertinent corrective action requirements within the authority of the State Water Control Board and the Department of Environmental Quality as may be required by the TRO at the subject sites. Required reports, plans, and notifications required by Appendix D are to be delivered to the Department of Environmental Quality, Tidewater Regional Office, 287 Pembroke Office Park, Suite 310 - Pembroke II, Virginia Beach, Virginia 23462, Attention: David Borton. &DDendix E Pertaining to: City of Virginia Beach UST System Registrations For each UST owned or operated by City of Virginia Beach within the meaning of the State Water Control Law, Section 62.1-44.34:8 of the Code of Virginia, et seq., and Regulation VR 680-13-02, the City of Virginia Beach shall: I · By February 3, 1994, provide written notification of the accuracy and completeness of tank listings in the Department of Environmental Quality's UST Data Base (attached)· If any inaccuracies or omissions are discovered, the City of Virginia Beach (Virginia Beach) shall provide an updated UST Notification Form by February 3, 1994, for each UST system, including a complete street address for the UST system location, in accordance with Section 2.3 of VR 680-13-02. · As applicable, by February 3, 1994, provide documentation of compliance with applicable release detection, corrosion protection, and spill/overfill prevention requirements in accordance with VR 680-13-02 for each UST system currently owned or operated by Virginia Beach. · Ail reports and notifications required by Appendix E are to be submitted to the Department of Environmental Quality, Water Division, Office of Enforcement and Compliance Auditing, P.O. Box 11143, Richmond, Virginia 23230-1143, Attn: Mr. Jay Roberts. -17- Item II-H.3. ORDINANCES/RESOL UTIONS ITEM # 37421 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to APPROPRIATE $500,000 from the General Fund Balance to Project 3-005 Underground Storage Tanks to increase the contract limits in compliance with the Consent Order and to eliminate environmental contamination from leaking underground storage tank sites throughout the City. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne November 23, 1993 AN ORDINANCE TO APPROPRIATE FUNDS OF $500,000 TO PROJECT 3-005 UNDERGROUND STORAGE TANKS - CITY TO COVER THE SHORTFALL IN ENGINEERING AND REMEDIATION SERVICES WHEREAS, the ex.st~ng CIP ~ncudes project 3-005 Underground Storage Tanks - C~ty for .mmedmte clean-up of leakmg tanks and the eventual replacement/upgrade of UST/AST systems; WHEREAS, based on d~fflculty ~n estimating the cost of remed~at~on of UST Projects, the project will need an additional $500,000 to cover the shortfall in eng~neemng and remedlat~on services; 10 WHEREAS, the C~ty ~s entenng mto a Consent Order Agreement w~th the State Department of Enwronmental Quahty to ensure that proper remed~at~on of rotes ~s completed and to remam m comphance w~th Federal and State regulations; 11 12 13 WHEREAS, also because of the ~ncreased level of work involved w,th the UST proJect, the March 9, 1992 Agreement by and between the C~ty of V,rgm~a Beach and URS Consultants to prowde professional eng~neenng serwce needs to be changed so that the maximum fee for the second and third years is increased from $100,000 to $500,000 per year; 15 16 WHEREAS, the additional amount needed may be provided from General Fund balance, which was scheduled to be provided ~n the proposed F~scal Year 1993-94 / 1998-99 CIP. 17 18 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds m the amount of $500,000 are hereby appropr.ated from the General Fund balance to proJect 3-005 Underground Storage Tanks - C~ty to cover the cost of engmeermg and remedmt~on servmes. 21 Th~s ordinance shall be effective on the date of ~ts adoption. 22 23 Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rg~ma on the ?3rd day of November ,1993. A E.D Management and Budget - 18 - Item H-H. 4. ORDINANCES/RESOL UTIONS ITEM # 37422 Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED, AS AMENDED*: Resolution opposing Hampton Roads Planning District Commission's proposal re increasing the State's gasoline sales tax; and, directing the City Manager forward a copy of this Resolution to the City's delegation of the Virginia General Assembly. *The following verbiage shall be inserted as Item 2 with the present Item 2 becoming Item 3' The City's delegation to the Virginia General Assembly is requested to look at a more equitable redistribution of funds to the localities. Voting: 10-0 Council Members Voting .dye: John .d. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members .dbsent: James W.. Brazier, Jr. November 23, 1993 Requested by Councilmember John Moss 10 11 12 13 14 15 A RESOLUTION TO OPPOSE THE HAMPTON ROADS PLANNING DISTRICT COMMISSION'S PROPOSAL TO INCREASE THE STATE'S GASOLINE SALES TAX WHEREAS, The Hampton Roads Planning District Commission's (HRPDC) 1994 Legislative Agenda contains a recommendation that the State's gasoline sales tax be increased by seven (7) cents with five (5) cents per gallon being dedicated for Statewide distribution and two (2) cents per gallon being returned to localities for local transportation uses; WHEREAS, the City Council of the City of the City of Virginia Beach is opposed to the gasoline sales tax increase as recommended by HRPDC. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1) 2) 3) That the Virginia Beach City Council is opposed to the HRPDC's proposal to increase the State's gasoline sales tax, The City's delegation to the Virginia General Assembly is requested to look at a more equitable redistribution of funds to the localities, and The City Manager is directed to forward a copy of this Resolution to the City's delegation to the Virginia General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of November , 1993. 31 32 33 34 CA-5359 ORDIN~NONCODE~CA5359 R-1 PREPARED: 11/11/93 - 19 - Item II-H. 5. ORDINANCES~RES OL UTIONS ITEM # 37423 C. Grigsby Scifres, One Columbus Center, Suite 900, represented the applicant Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution approving the issuance of the Development Authority's Hospital Revenue Bonds, Series 1993, in the amount not to exceed $55,000,000 to Virginia Beach General Hospital re advance refunding the prior bonds; acquiring, constructing, renovating and equipping the project; funding a debt service reserve fund for the Bonds, if deemed advisable; paying a portion of the interest accruing on the Bonds during acquisition, construction, renovation and equipping of the project; and, paying certain expenses incurred in connection with the authorization and issuance of the Bonds. Voting: 10-0 Council Members Voting .dye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K,. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members l/~oting Nay: None Council Members Absent: James IV.. Brazier, Jr. Mayor Oberndorf and Vice Mayor Sessorns DISCLOSED they are Members of the Board of Tidewater Health Care for which they receive no enumeration. November 23, 1993 RESOLUTION APFROVING ~ ISSUANCE OF DEVELOPMENT AUTHORITY'S HOSPITAL P~VENUE BONDS TO VIRGINIA BEACH GENERAL HOSPITAL WHEREAS, the City of Virginia Beach, Virginia (the "City") is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the constitution and laws of the Commonwealth of Virginia; and WHEREAS, the city of Virginia Beach Development Authority (the "Authority") is a political subdivision of the Commonwealth of Virginia duly created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act") and is authorized by the Act to issue revenue bonds for the purpose of providing funds to finance or refinance the costs of certain projects required or useful for health care purposes; and WHEREAS, Virginia Beach General Hospital ("VBGH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Virginia Beach, Virginia; and WHEREAS, the Authority has, by resolution adopted on November 16, 1993 (the "Authority Resolution"), authorized the issuance of not to exceed $55,000,000 aggregate principal amount of the City of Virginia Beach Development Authority Hospital Revenue Bonds (Virginia Beach General Hospital Project), Series 1993 (the "Bonds") for the purpose of (i) advance refunding the Prior Bonds (hereinafter defined), (ii) acquiring, constructing, renovating and equipping the Project (hereinafter defined), (iii) if deemed advisable, funding a debt service reserve fund for the Bonds, (iv) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project, and (v) paying certain expenses incurred in connection with the authorization and issuance of the Bonds; and WHEREAS, the proceeds of the Bonds will be used for the purpose of financing for VBGH, all or a portion of the cost of (i) advance refunding the outstanding City of Virginia Beach Development Authority Hospital Facility Revenue Bonds (Virginia Beach General Hospital), Series 1987A (the "Prior Bonds"), the proceeds of which were used to (a) advance refund the outstanding City of Virginia Beach Development Authority Hospital Facility First Mortgage Revenue Bonds (Virginia Beach General Hospital), Series of 1983, which were issued by the Authority to finance the acquisition, construction and equipping of certain renovations, improvements and additions to the Hospital's surgery department, emergency department, inpatient and outpatient diagnostic services and diagnostic center, obstetrics unit, respiratory therapy unit and its materials management and support departments, as well as additional isolation rooms and a four-story elevator tower, all at the existing hospital facilities of the Hospital and to refinance certain other debt of the Hospital, (b) assisting the Hospital by refinancing its obligation to the Virginia Hospital Financing Program of the Industrial Development Authority of the County of Henrico, Virginia, incurred on December 31, 1985, to finance a radiation therapy facility, a CT scanner, a portion of a new computer system and other medical facilities and equipment for the Hospital, (c) assisting the Hospital in financing certain other renovations and improvements to the existing hospital facilities of the Hospital, including renovations to the Hospital's cardiac catheterization laboratory, progressive care unit, angiography unit, women's and children's health center, center for digestive disorders, cardio-pulmonary wing and oncology center, and the acquisition and construction of a parking facility for employees of the Hospital and its affiliates; (ii) renovating and expanding cardiac services facilities, women's and children's facilities, medical/surgical patient care units, and a patient service center, renovating and expanding the clinical services department and emergency center, renovating certain other portions of the hospital facilities of the Hospital, improving building systems within the hospital facilities of the Hospital, and acquiring certain capital equipment for use in or in connection with the hospital facilities of the Hospital (collectively, the "Project"), (iii) if deemed advisable, funding a debt service reserve fund for the Bonds, (iv) paying a portion of the interest on the Bonds during the acquisition, construction, renovation and equipping of the Project, and (v) paying certain expenses incurred in connection with the authorization and issuance of the Bonds; and WHEREAS, VBGH's principal place of business and the location of its hospital facilities and the Project is 1060 First Colonial Road, Virginia Beach, Virginia 23454; and WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "Council") must first approve the issuance of the Bonds before the Authority can proceed with the financing; and WHEREAS, the Authority has delivered or caused to be delivered to the Council the following: (i) a reasonably detailed summary of the comments expressed at the public hearing held by the Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement concerning the Bonds, and (iii) a copy of the Authority Resolution, which constitutes the recommendation of the Authority that the Council approve the advance refunding of the Prior Bonds, the acquisition, construction, renovation and equipping of the Project and the issuance of the Bonds by the Authority; and WHEREAS, the Council has determined that it is appropriate at this time to approve the issuance by the Authority of not to exceed $55,000,000 aggregate principal amount of the Bonds to protect and promote the health of the inhabitants of the City of Virginia Beach and the Commonwealth of Virginia, improve health care and otherwise aid in improving the health and welfare of said City and Commonwealth and its inhabitants; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia Beach, Virginia: Section 1. The Council hereby approves the issuance by the Authority of not to exceed $55,000,000 aggregate principal amount of the City of Virginia Beach Development Authority Hospital Revenue Bonds (Virginia Beach General Hospital Project), Series 1993 for the purpose of (i) advance refunding the Prior Bonds, (ii) acquiring, constructing, renovating and equipping the Project, (iii) if deemed advisable, funding a debt service reserve fund for the Bonds, (iv) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project, and (v) paying certain expenses incurred in connection with the authorization and issuance of the Bonds. Section 2. The Mayor or the Vice Mayor, the Clerk or any Deputy Clerk of the Council are hereby authorized and directed, on behalf of the Council, to take any and all action necessary, including the execution of any documents, to consummate the sale of the Bonds in conformity with the provisions of this resolution. Section 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds of the creditworthiness of VBGH and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Authority shall be obligated to pay the principal of, the redemption premium, if any, or the interest on the Bonds or other costs incident thereto except from the revenues and funds pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the city nor the Authority shall be pledged thereto. Section 4. This Resolution shall take effect immediately upon its passage. Adopted bythe Council of the City of Virginia Beach, Virginia on the 23rdday of November , 1993. APPROVED ,~G TO ~ ~ ~ -~-~. IF. NCY LEGAL' '~- "' - 20 - Item H-H. 6. ORDINANCES/RESOL UTIONS ITEM # 37424 Upon motion by Councilman Moss, seconded by Councilman Branch, City Council ADOPTED: Resolution authorizing the distribution of Preliminary Official Statement in connection with the sale of Water and Sewer Revenue and Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, for a maximum amount of $48,075,000. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis R, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr. Vice Mayor Sessorns DISCLOSED pursuant to Section 2.1-639.14(C) of the Code of Virginia, and ABSTAINED. Vice Mayor Sessorns is an officer of Central Fidelity Bank earning in excess of $10,000 annually. CFB has been appointed Fiscal Agent and Registrar with respect to the Bonds. CFB will receive a fee for its services as Fiscal Agent and Registrar. November 23, 1993 City of Virginia LESLIEL LILLEY cI]Y ATTORNEY MUNICIPAL CENTER VIRG,NIA BEACH VA 234569004 (804) 427 4531 FAX (804) 426 5687 November 23, 1993 The Honorable William D. Sessoms, Jr., Vice-Mayor Municipal Center Virginia Beach, Virginia 23456 RE: Conflict of Interests Act Opinion Dear Vice-Mayor Sessoms: I am writing in response to your request for an opinion as to whether you may participate in City Council's discussion and vote on a resolution authorizing distribution of the Preliminary Officaal Statement in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. The resolution is scheduled for consideration by City Council at its November 23, 1993, meeting. SUMMARY CONCLUSION: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you have a personal interest in the transaction based upon your employment by Central Fidelity Bank CCFB") which has been appointed Fiscal Agent and Registrar with respect to the Bonds. Since it is reasonably foreseeable that CFB will realize a benefit or detriment as a result of Council's action, you are disqualified from participating in Council's discussion and vote on the transaction. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth, as you may only rely upon this opinion if they are correct and complete. Vice-Mayor William D. Sessoms, Jr. -2- November 23, 1993 Re: Conflict of Interests Act Opinion FACTS PRESENTED: Your request for an advisory opinion is generated by Council's consideration of a resolution authorizing distribution of the Preliminary Official Statement in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. You have advised that your concern, and reason for requesting this opinion, is that you are an officer of CFB earning in excess of $10,000 in salary each year, that CFB has been appointed Fiscal Agent and Registrar with respect to the Bonds, and that CFB will be paid a fee for its services as Fiscal Agent and Registrar. ISSUE: Are you precluded from participating in the Council's discussion and vote on the resolution authorizing distribution of the Preliminary Official Statement in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000? DISCUSSION: I. Applicable Definitions: A. City Council is a governmental agency, as it is a legislative branch of local government as defmed in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act (the "Act"). B. You are an officer within the meaning of § 2.1-639.2 of the Act. C. The resolution to be voted on by City Council is a "transaction" as defined by the Act. The Act defines a transaction as "any matters considered by any...governmental agency on which official action is taken or contemplated." § 2.1-639.2. D. "Personal interest" is defined in § 2.1-639.2 as being a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: (1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; (3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; (4) ownership of real or personal property when the interest exceeds $10,000.00 in value, Vice-Mayor William D. Sessoms, Jr. -3- November 23, 1993 Re: Conflict of Interests Act Opinion exclusive of ownership in a business, or salary; or (5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. "Personal interest in the transaction" is defined in § 2.1-639.2 as existing when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Application of Definitions and Prohibitions: A. Personal Interest A "personal interest" exists by reason of one of five specified categories, as noted above in the definition of "personal interest." Specifically, my review of those categories and the facts presented indicate that you earn more than $10,000.00 annual salary from CFB. Therefore, you have a personal interest in CFB as defined under the Conflict of Interests Act. B. Personal Interest in the Transaction Under the definition set forth in § 2.1-639.2, you have a "personal interest in the transaction" based upon your personal interest in CFB and upon the fact that CFB may realize a reasonably foreseeable benefit or detriment as a result of the Council vote on the transaction by virtue of its appointment under the Preliminary Official Statement as Fiscal Agent and Registrar with respect to the Bonds. III. Prohibitions and Disclosure Requirements: Based on the opinion that it is reasonably foreseeable that CFB will receive a direct benefit or detriment as a result of City Council's action, § 2.1-639.1 i(A)(1) disqualifies you from participating in Council' s discussion and vote on the resolution. Additionally, you must disclose this interest in accordance with § 2.1-639.14(C). Enclosed please find a written declaration form. You must file the disclosure with the City Clerk and such disclosure is to be reflected in the public records for a period of five years from the date of recording or receipt. Vice-Mayor William D. Sessoms, Jr. -4- November 23, 1993 Re: Conflict of Interests Act Opinion As a final note to any conflict of interests opinion, § 2.1-639.18(c) provides that a written opinion of the City Attorney made after a full disclosure of the facts, is advisory and admissible as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COLA, provides immunity from any alleged violation. Please contact me should you desire any additional information. Very truly yours, Leslie L. Lil4e~ .... City Attorney LLL/RMB/clb Enclosure WILLIAM D SESSOMS JR VICE MAYOR November 23, 1993 809 GREENTREE ARCH VIRGINIA BEACH, VIRGINIA 23451 (804) 455 5732 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(C), Code of Virginia Dear Mrs. Smith' Pursuant to the Virginia Conflict of Interests Act, § 2.1-639.14(C), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is the Council consideration of a resolution authorizing distribution of the Preliminary Official Statement in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. e The nature of my personal interest is that I am an officer of Central Fidelity Bank ("CFB") earning in excess of $10,000.00 annually, that pursuant to the Preliminary Official Statement, CFB has been appointed Fiscal Agent and Registrar w~th respect to the Bonds, and that CFB will receive a fee for its services as Fiscal Agent and Registrar. e The City Attorney has advised me that I am required to disclose this interest as it meets 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 disqualified from participation in Council's discussion and vote on the resolution. Mrs. Ruth Hodges Smith -2- November 23 1993 Re: Disclosure pursuant to Section 2.1-639.14(C), Code of Virginia 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, William D. Sessoms, Jr. Vice-Mayor WDSjr/clb Enclosure City of Virginia Beach w,~,^,~ o s~sso,~s ~. ~o~ ~~ November 23, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(C), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, § 2.1-639.14(C), Code of Virginia, I make the following declaration: 1, The transaction for which I am executing this written disclosure is the Council consideration of a resolution authorizing distribution of the Preliminary Official Statement in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. , The nature of my personal interest is that I am an officer of Central Fidelity Bank ("CFB") earning in excess of $10,000.00 annually, that pursuant to the Prehminary Official Statement, CFB has been appointed Fiscal Agent and Registrar with respect to the Bonds, and that CFB will receive a fee for its services as Fiscal Agent and Registrar. 1 The City Attorney has advised me that I am required to disclose this interest as it meets 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 disqualified from participation in Council's discussion and vote on the resolution. Mrs. Ruth Hodges Smith -2- November 23 1993 Re: Disclosure pursuant to Section 2.1-639.14(C), Code of Virginia 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, ~illiam D. Sessoms, Jr. Vice-Mayor WDSjr/clb Enclosure City of Virginia LESLIE L LILLEY CIIY Al IORNEY MUNICIPAL CENIFR VIIqGINIA BEACH VA 23456 9004 (80-1) 427 1531 FAX (80d) 426 r~687 November 23, 1993 The Honorable William D. Sessoms, Jr., Vice-Mayor Municipal Center Virginia Beach, Virginia 23456 RE: Conflict of Interests Act Opinion Dear Vice-Mayor Sessoms: I am writing in response to your request for an opinion as to whether you may participate in City Council's discussion and vote on a resolution authorizing distribution of the Preliminary Official Statement in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. The resolution is scheduled for consideration by City Council at its November 23, 1993, meeting. SUMMARY CONCLUSION: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you have a personal in,terest in the transaction based upon your employment by Central Fidelity Bank ("CFB") which has been appointed Fiscal Agent and Registrar with respect to the Bonds. Since it is reasonably foreseeable that CFB will realize a benefit or detriment as a result of Council's action, you are disqualified from participating in Council's discussion and vote on the transaction. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth, as you may only rely upon this opinion if they are correct and complete. Vice-Mayor William D. Sessoms, Jr. -2- November 23, 1993 Re: Conflict of Interests Act Opinion FACTS PRESENTED: Your request for an advisory opinion is generated by Council's consideration of a resolution authorizing distribution of the Preliminary Official Statement in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000. You have advised that your concern, and reason for requesting this opinion, is that you are an officer of CFB earning in excess of $10,000 in salary each year, that CFB has been appointed Fiscal Agent and Registrar with respect to the Bonds, and that CFB will be paid a fee for its services as Fiscal Agent and Registrar. ISSUE: Are you precluded from participating in the Council's discussion and vote on the resolution authorizing distribution of the Preliminary Official Statement in connection with the sale of Water and Sewer Revenue Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia, in the approximate amount of $48,075,000? DISCUSSION: I. Applicable Definitions: A. City Council is a governmental agency, as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act (the "Act"). B. You are an officer within the meaning of § 2.1-639.2 of the Act. C. The resolution to be voted on by City Council is a "transaction" as defined by the Act. The Act defines a transaction as "any matters considered by any...governmental agency on which official action is taken or contemplated." § 2.1-639.2. D. "Personal interest" is defined in § 2.1-639.2 as being a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: (1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; (3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; (4) ownership of real or personal property when the interest exceeds $10,000.00 in value, Vice-Mayor William D. Sessoms, Jr. -3- Nove~nber 23, 1993 Re: Conflict of Interests Act Opinion exclusive of ownership in a business, or salary; or (5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. "Personal interest in the transaction" is defined in § 2.1-639.2 as existing when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Application of Definitions and Prohibitions: A. Personal Interest A "personal interest" exists by reason of one of five specified categories, as noted above in the definition of "personal interest." Specifically, my review of those categories and the facts presented indicate that you earn more than $10,000.00 annual salary from CFB. Therefore, you have a personal interest in CFB as defined under the Conflict of Interests Act. B. Personal Interest in the Transaction Under the definition set forth in § 2.1-639.2, you have a "personal interest in the transaction" based upon your personal interest in CFB and upon the fact that CFB may realize a reasonably foreseeable benefit or detriment as a result of the Council vote on the transaction by virtue of its appointment under the Preliminary Official Statement as Fiscal Agent and Registrar with respect to the Bonds. III. Prohibitions and Disclosure Requirements: Based on the opinion that it is reasonably foreseeable that CFB will receive a direct benefit or detriment as a result of City Council's action, § 2.1-639.11(A)(1) disqualifies you from participating in Council's discussion and vote on the resolution. Additionally, you must disclose this interest in accordance with § 2.1-639.14(C). Enclosed please find a written declaration form. You must file the disclosure with the City Clerk and such disclosure is to be reflected in the public records for a period of five years from the date of recording or receipt. Vice-Mayor William D. Sessoms, Jr. -4- Re: Conflict of Interests Act Opinion November 23, 1993 As a fmal note to any conflict of interests opinion, § 2.1-639.18(c) provides that a written opinion of the City Attorney made after a full disclosure of the facts, is advisory and admissible as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COIA, provides immunity from any alleged violation. Please contact me should you desire any additional information. Very truly yours, Leslie L. Litle~ City Attorney LLL/RMB/clb Enclosure A RESOLUTION AUTHORIZING DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF WATER AND SEWER REVENUE AND REFUNDING BONDS, SERIES OF 1993, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE APPROXIMATE AMOUNT OF $48,075,000 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 WHEREAS, the City of Virginia Beach, Virginia (the "City"), proposes to issue its Water and Sewer Revenue and Refunding Bonds, Series of 1993 (the "Bonds"), in the approximate amount of $48,075,000; and WHEREAS, there has been presented to this meeting a draft of a Preliminary Official Statement to be dated November 17, 1993, with respect to the offering of the Bonds (the "Preliminary Official Statement"). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City approves the Preliminary Official Statement, in substantially the form presented to this meeting, with such completions, omissions, insertions, and changes not inconsistent with this resolution as the City Manager, in collaboration with the City's financial advisors, deems appropriate. The City authorizes the distribution of the Preliminary Official Statement to prospective purchasers of the Bonds. 2. That the City authorizes and directs the City Manager, in collaboration with the City's financial advisors, to deem the Preliminary Official Statement final on behalf of the City as of its date within the meaning of Rule 15c2-12 of the Securities and Exchange Commission, except for the omission of certain pricing and other information permitted to be omitted pursuant to such Rule 15c2-12. The distribution of the Preliminary Official Statement to prospective purchasers of the Bonds shall be conclusive evidence that it has been deemed final as of its date by the City, except for the omission of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 36 3. That this resolution shall take effect immediately. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of November , 1993. 39 40 41 42 CA-5371 ORDIN\NONCODE\POS. RES R-1 PREPARED: 11 / 17 / 93 ~:DAS TO~O~NTENTS DEPARTMENT APPROVED AS TO LEGAL _~~,$UFFIClENCY AND FpRM CITY A'rI'ORNEY - 21 - Item II-H. Z ORDINANCES/RES OL UTIONS ITEM # 37425 The following spoke in SUPPORT of the Resolution: C. Grigsby Scifres, One Columbus Center, Suite 900, Phone: 473-5345 Mark Terrell, 933 Prince William Court, Phone: 463-1588 Upon motion by Vice Mayor Sessorns, seconded by Councilman Lantetgne, City Council ADOPTED: Resolution supporting legislation at the 1994 General Assembly Session to designate real and personal property owned by Little Neck Swim and Racquet Club, Inc., as being exempt from State and Local Real and Personal Property Taxation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY LITTLE NECK SWIM & RACQUET CLUB, INC., AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, property located in the City of Virginia Beach and owned by Little Neck Swim & Racquet Club, Inc., is currently subject to ad valorem taxation; WHEREAS, Little Neck Swim & Racquet Club, Inc., has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6(a) (6) of the Constitution of Virginia to designate the real and personal property of Little Neck Swim & Racquet Club, Inc., as being exempt from state and local real and personal property taxation; WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04 of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that Little Neck Swim & Racquet Club, Inc., should be designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Little Neck Swim & Racquet Club, Inc., and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Little 36 37 38 39 40 41 42 43 44 Neck Swim & Racquet Club, Inc., as a benevolent corporation within the context of § 6(a)(6) of Article X of the Constitution of Virginia and that real and personal property owned by Little Neck Swim & Racquet Club, Inc., which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local real and personal property taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of November , 1993. 45 46 47 48 CA-5331 ORDIN\NONCODE\LNSRC. RES R-1 PREPARED: October 13, 1993 Little Neck Swim and Racquet Club, I 864 Little Neck Road Virginia Beach, VA. 23452 October 7, 1993 Mr. James Spore City Manager City of Virginia Beach Municipal Center Va. Beach, VA. 23456-9004 Ref: City Attorney File # DF-2148 Dear Mr. Spore: In accordance with Sec. 30-19.04 of the Virginia Code, The Little Neck Swim & Racquet Club, Inc. (LNSRC) makes application for exemption from taxation pursuant to Art.X, Sec.6 (a) (6) of the Constitution of Virginia. Attached is our application, with enclosures, and allied documents in support of our request for tax exempt status. We request that our application be scheduled for a public hearing before the City Council as soon hereafter as practicable so that any resolution adopted by the City Council may be considered by the Virginia General Assembly during the 1994 legislative session. Any questions that you may have regarding this application should be directed to: Mark Terrell, President, LNSRC, 466-0594 C. Grigsby Scifres, Legal Counsel, 499-8800 Thank you in advance for your prompt attention in this matter. Sincerely, Copy to: Councilman Brazier APPLICATION TO CITY OF VIRGINIA BEACH FOR E/CEM~TION FROM PERSONAL AND REAL PROPERTY TAXATION Applzcan~$: Please fz!l out ~hzs for~ and submz~ same to ~ke Cz~y Manager, Munzczpal Canter, VLr~Lnla Beach, VLrgLnla 23a56. In any 3.,r~ce where addz=zonal space ~ needed :o couple=e your answer =o a partzcular questlon, please ut'-llze a separate shee= of paper and a~T~c_~ l~ to this applzcaCzon. Formal Name of Corporation/Organization: Little Neck Swim ~ ~acquet Club, Inc. (LNSRC) Address: 8~4 Little Neck Ro~d Virqinia Beach, Virqinia 23452 Telephone Number: (804) 486-8714 1. Is the Organization chartered or incorporated under the laws of the Commonwealth of V~rcinia? Yes, Incorporated Mar. 4, 1981 · For what purpcse ~s the group charuered? Community Recreation · Describe in detail and specify the location of all real and personal property for which exemption is sought. Land, swimming pool, tennis courts, buildings on lot A consisting of 5.319 acres on the east side of Little Neck Road, north of Newcastle Road and south of Little Haven Road. · List the present tax assessment of each parcel of real property for which this exemption is sought: Parcel Lot A, 5.319 Ac. Description: Lvnnhaven -- Assessed Value: Land: Improvements: Total Assessed Value: $ 579,240 $ 187,460 $ 766. 700 Parcel Description: Assessed Value: Land: Improvements: Total Assessed Value: . List the present tax assessment, by tax bill, of persona! property for which the exemption is sought. $18.00 for utility trailer · For what purpose is the real property currently being used? If there are several t~r~es of use for a single parce~ indicate such usages by areas of the bu~_ldings and f!ccr locations. Community Recreation Facility: Swimming Pool & Associated Facilities Tennis Courts (6) a · Does any other individual, asscciauion cr corporauLcn occupy or use any par~ of the premises cf any propers-/ for which exemptzon is sought? If yes, give deta!!s. No Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? if yes, give all details. No e With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwlse. If so, give all details. Utility trailer used for property maintenance and hauling grand stands from storage to pool side for swim meets. No income is derived from trailer use. '8. Is the organization exempt from taxation pursuant to Section 50!(c) of the Internal Revenue Code of 19547 If so, attach doc~-nentation. Yes; see enclosure (1) ~ Has the ABC Board issued a current annual a!ccho! beverage license for the service of alcohol beverages for use on the property from which tax exemption is here sough~? No Is any director or officer of the agency paid compensation in excess cf a reasonable allowance ' for sa!arzes or other ccmpensation? No 11. Does any part of the earnings, exclusive of salaries, of such organization inure to the benefit of any indlvidua!? If so, list what portion and to whom for each of the past three years. · No 12. What portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state, . or federal grants~ Donations shall include the providing of personal services or the contribution of any in-kind or other material services. ! None 13. Does the organization provide services for the cow, on good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or methcd of determing cost of the services to the recipient, and any other details you deem pertinent. Provides swimming and tennis recreation to members of the community. Annual dues are collected to cover operating expenses. No user fees are collected. Social activities are funded on an at cost basis (break even). 14. What part, if any, of the activzties of the organization involves carrying on propaganda, or otherwise attempts to influence legislation? None 15. Has the organizauion ever participated in, contributed to, or intervened in any political campaign on behalf of any candtdate for public off~ce? If the answer is yes, please provide any qua!ify!ng information you deem necessary. No 16. State the organization's rule, regulation, policy, or practice concerning discrLmination on the basis of religious conviction, race, color, sex or natural origin. LNSRC is a non-discriminatory community membership organization. The Cluk does not discriminate on the basis of age, race, color, sex, religion or ethnic background. 17. List the name, business address and business telephone of the president and secretary of the corperation/organization as well as the managing off!cer. President: Mark R. Terrell, State Farm Ins., 6371 Center Dr. Norfolk, VA. 23502 (804) 4~66-0500 Secretary: Carol Marx, 800 E. City Hall Ave., Suite 600 Norfolk, VA. 23510 (804) 441-2333 Manager: Shiela Liebell Markbriet, 864 Little Neck Rd. Va. Beach, VA. 23452 (804) 486-8714 18. In addition tc the above, please provide the fo!lowing Information: (a) A copy of the organization's most recen~ audited financial statement (i.e., current balance sheet and income and expense suatement for the. organization's last fiscal perlcd). (b) A decai!ed listing of the current salaries and/ct other compensation c= the of=icers and d!-=~ =_~ors of the organizer!on, in addition, please specify as to each officer or dlrecuor so listed, the basis cf the listed salary cr compensation (i.e., annually, per meed!hq, hour!y, commlsslcn, etc.). ( c ) List the salary ranges o= each emp!cyee pcs ~ ticn classification and l!st the n~ber cf fu!l-tlme and p=_=-time employees in each such c]assi= _ =lCaUion. (d) Specify what percentage cf gross income cf the -~ ~'~ - to may r cra= .... a~l~n w=s r°~=~ and oersc~a~ property taxes fur each of the last three years. (e) Explain in detail why the City Council of the City cf Virginia Beach should recommend to the General Assembly of Virg~-~a that this organization s~,~__ be exemp~ from real and persona! taxation zn the City cf Beach. Please include in your exp!anaticn, the services provided by the organization. This fo_~ was prepared by Mark E. Terrell whose title with the organization is President ( Signature ) See Enclosures a to f CRGA~N! ZATI©N Little ~ Swim & ~ Club, Inc. By: Name _Mark R. Terrell Title President Date STATE OF VIRGINIA CITY OF ViRGiNIA BEACH, to-wit: Mark R. Terrell being duly sworn, deposes and says that he/she is the President (u!t!el cf the Little Neck Swim and Racquet Club, Inc. (legal n~me of ownership organization) named in the within enu!t!ed application; that he has read the foregoing infcrmaulon sheet and ~nows the contenus thereof; and that the s~me is true to his own knowledge except as to the matters herein s~=~ea to be alleged upon information and belief and as to those mat~ers he vel_eves i5 to be true. Subscribed and sworn to before me this of 0 , ? 3 . day Notary Public My Commission Expires ! LITTLE NECK SWIM & RACQUET CLUB, INC INCOME/EXPENSES 1992 - PROJECTED 1993 1992 1992 Estimated 1992 1992 1993 INCOME Projected thru 12/9 12/10-12/31 Estimated Variance Projected Fees -Annual Mainter~ance $144,000 00 $144,065 00 $0.00 $144,065.00 $65 00 $144,000 00 Guest Pass $2,500 00 $2,763 50 $0 00 $2,76.1.50 $263 50 $2,500.00 Interest $1,500,00 $935 13 $300 00 $1,235.15 ($264.87) $1,000.00 Special Parties $200 00 $0.00 $0 00 $0.00 ($200 00) $200 00 HRSD Refund $94 00 $66 14 $0 00 $66.14 ($27.86) $0 00 Snack Bar $7,500 00 $6,891 60 $0 00 $8,891.60 $1,391 60 $8,500.00 Sw, mm,ng Lessons $6,000 00 $8,182.50 $0 00 $8,182_50 $2,182 50 $7,500 00 Swim Team $12,000 00 $7,990 03 $0.00 $7,990.03 ($4,009 97) $8,000.00 Tennis Club $4,000 00 $0 00 $0 00 $0.00 ($4,000.00) $0 00 Act~v~ies $3,000 00 $1,888 00 $0 00 $1,888 00 ($1,112 00) , $2,500.00. Total Operating Inc $180,794.00 $174,781.90 $300.00 $175,081.90 ($5,712.10) $174,200.00 Member Shares $50,000 00 $46,000 00 $0 00 $46,000.00 ($4,000 00) $45,000 iX) Fee-Imt~tlo~ $10,000.00 $9,200 00 $0 00 $9,200.00 ($800 00) Cash on Hand 1/1 $27,32?-56 $27,32?-56 $0.00 $27,322.56 $0 00 $33,677.89 Total Inc Available $268,116.55 $257,304.46 $300.00 $257,604.46 ($10,512.10) $261,877.89 EXPENSES Act,vmas $3,500 00 $3,306 12 $0 00 $3,306 12 ($193 88) $3.000.00 Advertising $500 00 $60.00 $0 00 $60 00 ($440 00) $500.00 Admlmstrat~on $7,500 00 $5,508.20 $1,300 00 $6,808 20 ($691 80) $8.700.00 Postage $900 00 $563.48 $0 00 $563 48 ($336 52) $700 00 Legal/Prof Fees $2,000 00 $6,568.00 $0 00 $6,568 00 $4,568 00 $1,600.00 Office Supplies $700 00 $566 80 $0 00 $566 80 ($133 20) $700.00 Ins-bablllty $1,200 00 $2,700 00 $0 00 $2,700 00 $1,500 00 $1,200.00 Ins-Workmen's Comp $1,200 00 $1,258 00 $0 00 $1,256.00 $58 00 $1,300.00 Ins - Property $4,500 00 $4,387.00 $0 00 $4,387.00 ($113 00) $4,500 00 Tax-Property $8,000 00 $8,037 45 $0.00 $8,037 45 $37 45 $8,000 00 Tax-Personal Property $18 00 $6.00 $0 00 $6.00 ($12 00) $6 00 Tax-Sales $325 00 $372 67 $0 00 $372.67 $47 67 $400 O0 Interest $37,500 00 $34,53?-42 $323 00 $34,855 42 ($2,644 58) $29,100 O0 Operating Supplies-Pool $8,000 00 $9,613 86 $0 00 $9,613.86 $1,613 86 $9,700 00 Oper Supplies-Snack Bar $7,000 00 $6,951.61 $0 00 $6,951.61 ($48 39) $7,000.00 Operating Exp-Swlm Team $6,000 00 $1,743 92 $0 00 $1,743.92 ($4,256 08) $2,000 O0 OperatJng Exp -Tennis $1,000 00 $2,838 15 $0 00 $2,838.15 $1,838 15 $500 00 Operating Exp-Tennis Club $2,600 00 $0 00 $0 00 $0 00 ($2,600 00) Malnt/Rep~r FacUlty $15,00000 $10,14656 $000 $10,146.56 ($4,853 44) $12.000 00 Maintenance Grounds $8,500 00 $3,409 43 $0 00 $3,409.43 ($5,090 57) $5,000.00 Utll~les -Electric $13,500 00 $14,419.45 $325 00 $14,744.45 $1,244 45 $16,500 00 Utllmes -Water $550.00 $392 58 $150 00 $542.58 ($7 42) $500.00 UtJl~les-Sewage $105 00 $66 14 $34 00 $100 14 ($4 86) $120 00 Lttilmes-Telephone $1,150 00 $890 75 $50 00 $940 75 ($209 25) $1,100 00 UtJi~les-Trash $900 00 $649 59 $0 00 $649.59 ($250 41) $900 O0 Wages $54,000 00 $55,050.21 $750 00 $55,800.2! $1,800 21 $60,000.00 Tax-Employers FICA $4,200 00 $4,211 33 $75.00 $4,286 33 $66 33 $4,200 00 FICAJFITW/SITW 1991 $64 81 $64 81 $0 00 $64 81 $0 O0 FICA/FITW/SITW 1992 $0 00 ($46 14) $0.00 ...... ($46 14) ($46.14) Total Operating E. xp $190,412.81 $178,268.39 $3,007.00 $181.275.39 ($9,137.42) $1T?,226.00 Loan Principal Payment $8,000 00 $9,413 04 $300 00 $9,713 04 $1.713 04 $10,900 00 Capital Expenditures $15,500 00 $11,938 14 $0 00 $11,938.14 ($3,561 86) $18,728 00 Acct Payable Reduct~o~ $0 00 $0 00 $0 00 $0.00 $0 00 Member Share Refunds $16,000 00 $21,000 00 $0 00 $21,000.00 $5,000.00 $22,000 00 Total Expenses $229,912.81 $220.619.57 $S,307.00 $223,926.57 ($5,986.24) $228,854.00 Cash on Hand End of Period $38,203 75 $36,684 89 ($3,007 00) $33,677.89 ($4,525 86) .... $33,023 89 Total $268,116.56 $257,30446 $300.00 $257,604.46 ($10,51210) $261,877.89 Enclosure a Little Neck Swim & Racquet Club, Inc. (LNSRC) Officers/Directors Salaries/Compensation Qfficer Salary/Compensation~ President 0 Vice President Secretary 0 Treasurer 0 At Large 0 Article V, Sec. 8 of the LNSRC Bylaws prohibit compensation for the Officers/Directors of the Club. Enclosure b Little Neck Swim & Racquet Club, Inc. (LNSRC) Salaries/Compensation of Club Employees Function Club Manager Financial Manager Assistant Managers Life Guards (17) General Employees (3) Salary/Compensation $9000/yr. 3000/yr. 6.00 to 7.25/hr.' 5.00 to 5.50/hr.# (6) 4.25/hr. *Depending on experience and water safety credentials Enclosure c Little Neck Swim & Racquet Club, Inc. (LNSRC) Percent of Gross Income Utilized for Payment of Property Tax (Last Three Years) Tax Yea~ Tax g~OSS Income % of G~os$ 1990 $6504.20 $161,094.53 4.03 1991 $7512.52 $184,737.11 4.06 1992 $8037.45 $179,247.19 4.48 Income Enclosure d Little Neck Swim & Racquet Club, Inc. (LNSRC) JUSTIFICATION The Little Neck Swim & Racquet Club, Inc. (LNSRC) is a non-profit benevolent corporation, used exclusively for benevolent purposes, which operates for the common good of it's community members. LNSRC provides seasonal pool and year around day/night tennis facilities to the member residents of the Little Neck region of Virginia Beach. The "Club" operates without any City funding and supplies a much needed source of recreation to an area of the City which suffers from distinct lack of adequate, City sponsored, recreational facilities. LNSRC is chartered for the sole enjoyment and recreation of it's members. Membership is available to anyone, without discrimination, who wishes to join by purchasing a refundable membership share in the Club and agreeing to pay the annual dues, set by the Officers/Directors, which cover annual operating expenses on a zero sum basis. LNSRC is exempt from federal taxation pursuant to Sec. 501 (c) of the Internal Revenue Code of 1954 and does not possess a license to serve alcoholic beverages on the property. The Officers/Directors, elected by the members on a plurality vote, are prohibited from receiving any salary/compensation form the "Club" in accordance with the Bylaws (Art.V, Sec. 8). Each Officer/Director is bonded at the expense of the "Club" as provided for in the Bylaws (Art.X, Sec.1). JUSTIFICATION Page 2 LNSRC does not attempt to influence legislation nor does the Club participate in or intervene in any political campaign on behalf of any candidate for public office. Enclosure e Internal Revenue Service District Director Department of the Treasury Employer Ident,ficabon Number: Internal Revenue Code Sect,on 501(c)( 7 ) Little Neck Swim & lbscquet Club, Inc. ~190 South Plaza T~ail Vizir. ia Beach, VA 23452 Account,ng Per,od Ending: December 31 Form 990 Requ,red: [] Yes [-'] No Person to Contact: It.S. Ash Contact Telephone Number: (301) 962-4774 Dear Applicant: Based on information supplied, and assuming your operatzons will be as stated in your appllcatzon for recognition of exemption, we have determined you are exempt from Federal income tax under the provisions of the Internal Revenue Code section Indicated above. Unless specifically excepted, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) for each employee to whom you pay $100 or more during a calendar year And, unless excepted, you are also liable for tax under the Federal Unemployment Tax Act for each employee to whom you pay $50 or more during a calendar quarter ~f, during the current or preceding calendar year, you had one or more employees at any time in each of 20 calendar weeks or you pa~d wages of $1,500 or more in any calendar quarter. If you have any questions about excise, employment or other Federal taxes, please address them to this office If your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status. Also, you should ~nform us of all changes in your name or address The block checked at the top of th~s letter shows whether you must file Form 990, Return of Organization Exempt from Income Tax If the Yes box ~s checked, you are only required to file Form 990 ~f your gross receipts each year are normally more than $10,000 If a return ~s required, it must be fzled by the 15th day of the fifth month after the end of your annual accounting period The law provides for a penalty of $10 a day, up to a maximum of $5,000, when a return is f~led late, unless there is reasonable cause for the delay This penalty may also be charged if a return is not complete. So, please make sure your return is complete before you file it You are not required to file Federal ~ncome tax returns unless you are subject to the tax on unrelated buszness ~ncome under section 511 of the Internal Revenue (over) Enclosure f 31 ~oDK,ns Plaza Bait,more, MD 21201 Letter948(DO) (3-79) Code. If you are subject to this tax, you must file an income tax return on Form 990-T. In th~s letter we are not determxning whether any of your present or proposed activities are unrelated trade or busxness as defined in Code section You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. Because this letter could help resolve any questions about your exempt status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, cc: Howax~ R. Sykes, Jr. 4190 Sout~h Plaza Trail Vix~inia Beach, VA 23452 Teddy R. Kern District Director Enclosure f Letter 948(D0) (3-79) - 22 - Item H-L CONSENT ,4 GEND,4 ITEM # 37426 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION items 1, 2, 3, 4, 5 and 6 of the CONSENT ,4GEND/L Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss*, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor William D. Sessoms, Jr.** Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. *Councilman Moss voted a VERBAL NAY on Item L1 of the CONSENT ,4GEND,4. **Vice Mayor Sessoms DISCLOSED pursuant to Section 2.1-639.14(C) of the Code of Virginia, and ABSTAINED on Item L 4b.. Vice Mayor Sessoms is an officer of Central Fidelity Bank earning in excess of $10,000 annually, and advised Issues and Answers Network, Inc., is a customer. November 23, 1993 Item H-[.1 CONSENT AGENDA ITEM tt 37427 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to APPROPRIATE $6,386 from the Commonwealth's Attorney's Drug Forfeiture Accounts to the Commonwealth's Attorney's Office repurchase of microcomputer equipment, additional training and supplies and that revenues be increased accordingly. Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: James gE. Brazier, Jr. November 23, 1993 AN ORDINANCE TO APPROPRIATE $6,386 FROM COMMONWEALTH'S ATTORNEY'S DRUG FORFEITURE ACCOUNTS TO PURCHASE MICROCOMPUTER EQUIPMENT, ADDITIONAL TRAINING, AND NEEDED SUPPLIES WHEREAS, these funds are available for this purpose through the efforts of the Commonwealth's Attorney's Office in prosecuting criminal cases involving narcotics, WHEREAS, the Office of the Commonwealth's Attorney has need for additional training for new attorney's as well as additional microcomputer equipment and supplies. 10 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $6,386 be appropriated to the Commonwealth's Attorney's Office to purchase additional training, microcomputers, and supplies. 11 12 BE IT FURTHER ORDAINED, that estimated revenues in the FY 1993-94 Operating Budget be increased by $6,386. Adopted: November 23, 1993 Approved as to Content Deputy Director Management and Budget - 24 - Item II-L2 CONSENT AGENDA ITEM # 37428 Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to APPROPRIATE a $1,695 donation from the Fourth Precinct Citizen's Advisory Committee to the FY 1993-1994 Police Department Operating Budget re purchase of a microcomputer and that revenues be increased accordingly. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 8 $ ° ~ou~ ~e~e = ~ ~ ._ ~E ~0~ c~asin~ a . c~tizen' ~ ~ailable ._ ur~j ~act°uo~puter = AdvisOry Co~.cbt°ugh a doua~= NOW ~E~O~ S~ I~ ' O~ ViRgiNiA B~C~ O~ '"~Croco~ =Part,eh t $1,695 ~ CO~cZ ~uter. t OPerating Budge be aPproPriated .L O~ ~ t to to 1993-94 Operating ~udget be increased e~timated O~AI~D, that by $1,695. revenues in the Fy .4dop ted: November 23, 1993 - 25 - Item II-L3 CONSENT AGENDA ITEM # 37429 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to TRANSFER $4,820 from the General Fund Reserve for Contingencies to the Police Department's FY 1993-1994 Operating Budget re reimbursing a police supervisor for legal fees and expenses incurred in his defense of charges brought against him arising out of the performance of his official duties. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS IN THE AMOUNT OF $4,820 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE POLICE DEPARTMENT'S FY 93-94 OPERATING BUDGET FOR THE PURPOSE OF REIMBURSING A POLICE SUPERVISOR FOR LEGAL FEES AND EXPENSES INCURRED IN HIS DEFENSE OF CHARGES BROUGHT AGAINST HIM ARISING OUT OF THE PERFORMANCE OF HIS OFFICIAL DUTIES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, a Virginia Beach police supervisor was charged with several violations of the law, including obstruction of justice, for actions arising out of the performance of his official duties; WHEREAS, all charges against the supervisor were heard and dismissed by the Virginia Beach General District Court on October 15, 1993; WHEREAS, in his defense of the charges, the supervisor incurred legal fees and expenses in the amount of $4,820 and has requested the City to reimburse him for such fees and expenses; WHEREAS, Section 15.1-131.6 of the Code of Virginia provides that "[i]f any law-enforcement officer shall be ... prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and ... the charge is subsequently dismissed or upon trial he is found not guilty, the governing body of the jurisdiction wherein he is appointed may reimburse such officer for reasonable legal fees and expenses incurred by him in defense of such ... charge, such reimbursement to be paid from the treasury of such governing body;" and WHEREAS, the City Attorney's Office has reviewed the itemized bill submitted by the police supervisor's legal counsel and has determined that based on the complexity of the case, and the amount of time necessary to prepare for trial and appear in court, the legal fees and expenses incurred by the supervisor are reasonable. 35 36 37 38 39 40 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to transfer funds in the amount of $4,820 from the General Fund Reserve for Contingencies to the Police Department's FY 93-94 Operating Budget for the purpose of reimbursing a police supervisor for legal fees and expenses incurred in his defense of charges brought against him arising out of the performance of his official duties. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on this 23rd day of November , 1993. 45 46 47 48 CA-5355 ORDIN\NONCODE\FEES. ORD R-1 DATE: 11/08/93 - 26 - Item II-L 4.a. CONSENT AGENDA ITEM # 37430 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION. Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to TRANSFER funds from the Economic Development Investment Program to the Virginia Beach Development Authority: $20,000 re funding infrastructure improvements for Comptek Research, Inc. to maintain their Customer Service Center Department of Defense Computer Hardware and Software Repair Operations at 2877 Guardian Lane in Oceana West Industrial Parle Voting: 10-0 Council Members Voting Aye: John A. Bautn, Linwood O. Branch, III, Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. November 23, 1993 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER $20,000 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964 (as amended) (the "Act"); WHEREAS, one of the primary purposes of the Authority as set forth in the Act is to "promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the [City] .... "; WHEREAS, pursuant to § 6 of the Act, the Authority has the power "[t]o sell, exchange, donate and convey any or all of its facilities or other properties whether realty or personalty whenever the Authority shall find any such action to be in furtherance of the purposes for which the Authority was organized;" WHEREAS, pursuant to § 7 of the Act, ["t]he Authority may foster and stimulate the development of industry in the area within its jurisdiction ... [and] may accept, and expend for the purposes stated above, money from any public or private source...."-, WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes;" WHEREAS, the Department of Economic Development, on behalf of the Authority, has induced Comptek Research, Inc. to locate its customer service center Department of Defense computer hardware and software repair operations in the City of Virginia Beach; WHEREAS, the inducement included an agreement to provide Comptek Research, Inc. $20,000 to underwrite a portion of the costs for improvements associated with its new facility; 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 WHEREAS, funds are available in the Economic Development Investment Program Account (Project 2-141) which was approved in the FY 1990-91/1994-95 Capital Improvement Program to provide infrastructure improvements on sites and along roadways to enhance the economic viability of property; and WHEREAS, at its regularly-scheduled meeting on October 19, 1993, the Authority, by a vote of 7-0, approved provision of the aforementioned incentive to Comptek Research, Inc. based on its finding that provision of the incentive would primarily serve the valid public purpose of fostering and stimulating economic development in the City and would be in furtherance of the purposes for which the Authority was created. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds the proposed investment to be in keeping with the purposes for which the Economic Development Investment Program Account was established and hereby authorizes the City Manager to transfer funds in the amount of $20,000 from the Economic Development Investment Program Account to the City of Virginia Beach Development Authority for the purposes set forth herein. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of November , 1993. 57 58 59 60 CA-5226 COMPTEK. ORD R-1 PREPARED: 11 / 10 / 93 APF ,OVED AS TO CONTENTS SIGNATURE DEPARTMENI' AI:qJROVEO AS TO LEGAL SLE,F I - 27 - Item II-L 4. b. CONSENT AGENDA ITEM # 37431 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION. Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to TRANSFER funds from the Economic Development Investment Program to the Virginia Beach Development Authority: $50,000 re funding infrastructure improvements for the Regional Headquarters and 150-Station Telephone Center of Issues and Answers Network, Inc. in the Kempsville Area at the corner of Bonney and Witchduck Roads. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessorns, Jr. Council Members Absent: James W. Brazier, Jr. Vice Mayor Sessoms DISCLOSED pursuant to Section 2.1-639.14(C) of the Code of Virginia, and ABSTAINED on Item 1.4b.. Vice Mayor Sessorns is an officer of Central Fidelity Bank earning in excess of $10,000 annually, and advised Issues and Answers Network, Inc., is a customer. November 23, 1993 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER $50,000 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964 (as amended) (the "Act"); WHEREAS, one of the primary purposes of the Authority as set forth in the Act is to "promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the [City] .... "; WHEREAS, pursuant to § 6 of the Act, the Authority has the power "[t]o sell, exchange, donate and convey any or all of its facilities or other properties whether realty or personalty whenever the Authority shall find any such action to be in furtherance of the purposes for which the Authority was organized;" WHEREAS, pursuant to § 7 of the Act, ["t]he Authority may foster and stimulate the development of industry in the area within its jurisdiction ... [and] may accept, and expend for the purposes stated above, money from any public or private source...."', WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes;" WHEREAS, the Department of Economic Development, on behalf of the Authority, has induced Issues and Answers Network, Inc. to locate its regional headquarters in the City of Virginia Beach; WHEREAS, the inducement included an agreement to provide Issues and Answers Network, Inc. $50,000 to underwrite a portion of the costs for improvements associated with its new facility; WHEREAS, funds are available in the Economic Development Investment Program Account (Project 2-141) which was approved in 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 the FY 1990-91/1994-95 Capital Improvement Program to provide infrastructure improvements on sites and along roadways to enhance the economic viability of property; and WHEREAS, at its regularly-scheduled meeting on November 16, 1993, the Authority, by a vote of 7-0, approved provision of the aforementioned incentive to Issues and Answers Network, Inc. based on its finding that provision of the incentive would primarily serve the valid public purpose of fostering and stimulating economic development in the City and would be in furtherance of the purposes for which the Authority was created. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds the proposed investment to be in keeping with the purposes for which the Economic Development Investment Program Account was established and hereby authorizes the City Manager to transfer funds in the amount of $50,000 from the Economic Development Investment Program Account to the City of Virginia Beach Development Authority for the purposes set forth herein. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of November , 1993. 56 57 58 59 CA-5360 IA. ORD R-1 PREPARED: 11 / 10 / 93 API.,kOVED AS TO CONTENTS SIGNA'[URE DEPARTMENT APPROVED AS TO LEGAL ESTIMATED FIRST-YEARMUNICIPAL TAX REVENUES ISSUES AND ANSWERS NETWORK, INC. CITY OF VIRGINIA BEACH ECONOMIC DEVELOPMENT INVESTMENT PROGRAM FUNDS $50,000 Real Estate Personal Property Utilities $1,000,000 $ 300,000 N/A $1.14 per $100 $3.80 per $100 N/A $11,400 $11,400 $ 7,200 TOTAL $30,000 Benefits: * Project involves the new construction of a 19,000 sq. ft. office building and the lease of approximately 13,000 sq. ft. of office for a Regional Headquarters and 150 Station Telephone Center to handle computerized research and telephone polling for business and industry throughout the United States. * Initial term of the Issues and Answers lease to be five (5) years with an additional five (5) years for an ultimate term of ten (10) years. * 425 (275 full-time equivalent) employees encompassing telephone interviewers, research representatives, supervisors, and administrative support staff with an annual payroll of $2.5 million. - 28 - Item II-L~5. CONSENT AGENDA ITEM # 37432 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance declaring EXCESS PROPERTY at Lake Bradford adjacent to 4964 Athens Boulevard in the application of the Estate of Lula Reilly and authorize the City Manager to dispose of same (BAYSIDE BOROUGH). Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert K~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K Parker and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the City of Virginia Beach acquired ownership of the following described property by deed recorded in Deed Book 1018, Page 154; and WHEREAS, the City Council is of the opinion that the fol- lowing described property is in excess of the needs of the City of Vmrglnla Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property ~s hereby de- clared to be in excess of the needs of the City of Virgznla Beach and that the City Manager is authorized to convey said property in the manner he deems mn the best interests of the City of Vir- ginia Beach reserving therein any and all easements pertaining thereto, and further that such property be declared in excess of the needs of the C~ty and is more particularly described as fol- lows: (See attached Exhibit A) 2. Any bulldzng s~te created shall connect to public water and sewer where available. 3. That the terms and condmtions of a certazn Deed of Bar- gain and Sale by which the City of Virginia Beach, V~rg~n~a con- veys its ownership ~n the aforesaid property to the Estate of Lula E. Reilly, Deceased, for the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) are hereby approved conditioned upon pur- chase by the Petitioner of the Reverter Rights on the aforesaid property from the City of Norfolk, Virginia, and the proper of- ficers of the City are authorized to execute a Deed for and on behalf of the City upon receipt of the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) and evidence of purchase of the Re- verter from Norfolk. 4. The City Manager and the City Clerk are further authorized and directed, upon proper payment and satisfaction of conditions, to sign the Resubdivision plat entitled "Lot 1, Resubdlvsion of all of Lots 28, 29, & 30 and S. 1/2 of Lot 31 and a portion of City of Virginia Beach property declared excess North of Lots 28-30 & S. 1/2 of Lot 31, Lake Bradford Park". 5. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Vir- ginia, on the 23rd day of November , 1993. DSKO1/ORDINANCE APPROVED AS TO CONTENTS DEPART/~,\~I AP"ROVED AS T,' .~ U,'FICIENCY AND PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY OWNER P E T I T I O N TO: THE MAYOR AMD THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH~ VIRGINIA Your Petitzoner, Estate of Lula E. Reilly, Deceased, by counsel, respectfully represents as follows: 1. That Petitioner applies to the Mayor and the Council of the City of Virginia Beach, Virginia, for an ordinance declaring the hereinafter described property to be ~n excess of the needs of the Cmty of V~rgin~a Beach and to authorize the Cmty Manager to convey the property to the Petitioner upon payment of fair market value as determined by qualified appraisal. 2. That your Petitioner owns the property contmguous to the hereinafter escr~bed property and is the only property owner contiguous to said site. Further, the hereinafter described property has no utility unless jozned to the contiguous property of Petitioner. 3. The property your Petitioner is askzng to be declared in excess of the needs of the Czty of Virginia Beach so that the Estate may purchase same is hereby described as follows: (See attached Exhibit A) 4. That no inconvenience will result to any person or pro- perty owner by reason of the sale of the hereinabove described property. 5. That the Petitioner has offered to purchase the afore- said property for the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) simultaneously with the purchase from the City of Norfolk, Virginia of a Release of Reverter which has already been negotiated (See copy of Ordinance and Deed attached hereto.) 6. That simultaneous with this petition, your petitioner has caused to be prepared a proposed resubdlvis~on plat to vacate the former lot lines and establish a new lot, and ~s designated: "Lot 1, Resubdlv~slon of all of Lots 28, 29, & 30 and S. 1/2 of Lot 31 and a portion of City of Virginia Beach property declared excess North of Lots 28-30 & S. 1/2 of Lot 31, Lake Bradford Park", which plat has been reviewed and approved by the Planning Department and other city agencies that may be affected thereby, (see attached copy). WHEREFORE, your Petitioner prays that the Mayor and City Council of the City of V~rginia Beach, VirginIa, declare the hereinabove described property to be in excess of the needs of the City of Virginia Beach to authorize the C~ty Manager and City Clerk to sign the resubdivision plat and to authorize the City Manager to convey the property to your Petitioner upon pay- ment to the City of Virginia Beach, for the fair market value of said property as determined by qualified appraisal. Respectfully submitted, Estate of Lula E. Reilly, Deceased Willia~ T. Webb, J~., Of Counsel William T. Webb, Jr. Consolvo, Markowitz & Webb 4560 Columbus Loop Virginia Beach, Virginia 23462 (804) 490-2711 DSKP 1/PET/BEMN EXHIBIT A ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia designated as "Portion of City of Virginia Beach Property (D.B. 1018, Pg. 154), 'Declared Excess', 3821SQ.FT." and being a portion of "Lot 1", as shown on that certain plat entitled "RESUBDIVISION OF ALL OF LOTS 28, 29 & 30 AND S. 1/2 OF LOT 31 AND A PORTION OF CITY OF VIRGINIA BEACH PROPERTY DECLARED EXCESS NORTH OF LOTS 28-30 & S. 1/2 OF LOT 31 LAKE BRADFORD PARK (M.B. 9 PG. 91), BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA", dated August 5, 1993, made by W.P. Large, Inc., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book ~, at Page ~. EXHIBIT A ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia designated as "Portion of City of Virginia Beach Property (D.B. 1018, Pg. 154), 'Declared Excess', 3821SQ.FT." and being a portion of "Lot 1" as shown on that certain plat entitled "RESUBDIVISION OF A~L OF LOTS 28, 29 & 30 AND S. 1/2 OF LOT 31 AND A PORTION OF CITY OF VIRGINIA BEACH PROPERTY DECLARED EXCESS NORTH OF LOTS 28-30 & S. 1/2 OF LOT 31 LAKE BRADFORD PARK (M.B. 9 PG. 91), BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA", dated August 5, 1993, made by W.P. Large, Inc., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book ~, at Page ~. THIS DEED OF QUITCLAIM, made this day of , 1993, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, "Grantor", party of the first part; and The Estate of Lula E. Reilly, Deceased, "Grantee", party of the second part, whose ma~l~ng address is 4964 Athens Boulevard, Virginia Beach, Virginia 23455. W I T N E S S E T H: That for and ~n consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which ~s hereby acknowledged, the Grantor hereby releases, vacates, and forever QUITCLAIMS unto the Grantee ~ts right and · nterest, if any, in the following described property: Ail that certain piece or parcel of land, w~th the buildings and improvements thereon and the appurtenances thereto belonging, sit- uate, lying and being in the C~ty of V~rglnia Beach, Virginia desIgnated as "Port~on of C~ty of Virginia Beach Property (D.B. 1018, Pg. 154), 'Declared Excess', 3821 SQ. FT." and being a port~on of "Lot 1" , as shown on that certain plat entitled "RESUBDIVISION OF ALL OF LOTS 28, 29 & 30 AND S. 1/2 OF LOT 31 AND A PORTION OF CITY OF VIRGINIA BEACH PROPERTY DECLARED EXCESS NORTH OF LOTS 28-30 & S. 1/2 OF LOT 31 LAKE BRADFORD PARK (M.B. 9 PG. 91), BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA", dated August 5, 1993, made by W. P. Large, Inc., and duly recorded zn the Clerk's Offzce of the Circuit Court of the City of V~rginia Beach, V~rginia ~n Map Book , at Page . It being a part of the same property conveyed unto Grantor by deed of the Czty of Norfolk, a municipal corporation, dated July 21, 1967, and recorded in the aforesaid Clerk's Off~ce in Deed Book 1018, at Page 154. Th~s conveyance zs made subject to conditions, restrictions, easements, and reservatzons of record ~n the chazn of title, ~f any, constituting constructive notzce thereof. IN WITNESS WHEREOF, the CITY OF VIRGINIA BEACH has caused th~s Deed of Quitclaim to be executed in ~ts name and on its behalf by its City Manager/Authorized Designee of the C~ty Manager, and ~ts corporate seal affixed hereto and duly attested by Ruth Hodges Smith, City Clerk. CITY OF VIRGINIA BEACH, a mun~czpal corporatzon of the Commonwealth of V~rg~n~a (SEAL) ATTEST: City Clerk City Manager/Authorized Designee of the Czty Manager DE~ARTMEN'r APPROVED AS TO LEGAL CITY NEY STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee of the City Manager of the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, whose name is signed to the foregoing writing, bearing date the day of , 19 , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 19 . Notary Public My Commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, , a Notary Public in and for the C~ty and State aforesaid, do hereby certify that Ruth Hodges Smith, City Clerk of the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, whose name is s~gned to the foregoing writing, bearing date the day of , 19 , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 19 . Notary Public My Commission expires: DSKD5/DEEDQUIT.CLM I I I I II .... I I I I II I · · Form end Gorr~tne~---'~pWoYed: NORFOLK, VIRGINIA Form eCOa)03 Contents Approved: DEPT. Utilities ORDINANCE No. 37,1gg AN ORDINANCF. RELEASING A RIGHT OF R~.VERTER OVER CERTAIN PROPERTY LOCATED ADJACENT TO LAKE BRADFORD IN VIRGINIA BEACH. WHERF2%S, by Deed dated July 21, 1967, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1018, at page 154, the City of Norfolk conveyed certain property designated Parcel 2 - Lake Bradford, together with a border or margin of land 100 feet in width around the said Lake Bradford to the City of Virginia Beach; and WHEREAS, the conveyance of the property was subject to the condition that the City of virgfnia Beach use the property exclusively for public or municipal purposes and, except as authorized in Section 3 of Ordinance No. 23,967, adopted by the Norfolk City Council on June 20, 1967, not convey, sell or lease the property, nor use it for any other purpose; and WHEREAS, upon the breach of the aforesaid condition, the City of Norfolk was entitled to reenter the property and cause title thereto to revert to the City of Norfolk; and WHEREAS, there presently exists a dwelling located at 4964 Athens Boulevard, constructed in 1940, which is situated partially within the 100 foot strip of land adjacent to Lake Bradford; and WHEREAS, the Estate of Lula Wallace Reilly, the owner of the said dwelling located at 4~64 Athens Boulevard is seeking . I. I iii ._ I I I _ I II I J mi_ __ - ..... ! I to purchase from the City of Virginia Beach certain property which canno& be obtained unlems and until the City of Norfolk waives its right of reverter~ and WHEREAS, the City of Norfolk is willing to waive its right of reverter as to that portion of the 100 foot strip of land around Lake Bradford into which the dwelling Xs encroaching for the sum of $3~300.00~ now, therefore, BE IT ORDAINED by the Council of the City of Norfolk: Section 1=- That the terms and conditions of a certain Deed of Release by whichthe City of Norfolk releases to the City of Virginia Beach 0a right of reverter over a certain portion of the 10 foot strip along Lake Bradford in the City of Virginia Beach for the sum of $3,300.00, are hereby approved, and the proper officers of the city are authorized to execute the deed for and on behalf of the City upon receipt of the sum of $3,300.00. Section 2:- That this ordinance shall be in effect from and after its adoption. Adopted by Council April 20, 1993 Effective April 20, 1993 TRUE COPY TESTE= BY~ 'DEPUTY 'O-~TY CLERK · THIS D~.~-D OF RELEASE, ma~e and entered into thSs ~O day of March, 1993, by and between th~ CITY OF NORFOLK, a municipal corporation of the State of Virginia, party of the first part (grantor), and the City of virginia Beach, a municipal corporation of the State of Virginia, party of the second part (grantee). WITNE. SSETH: WHEREAS, by Deed dated July 21, 1967, and recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach, Virginia, in Deed Book 1018, at page 154, the City of Norfolk conveyed certain property designated Parcel 1-Lake Joyce, together with a strip of land 20 feet in width along and contiguous to Lake Joyce, and certain property de~ignated Parcel 2 - Lake Bradford, together with a border or margin of land 100 feet in width around the said Lake Bradford ~o the city O£ Virginia Beach; and WHEREAS, the conveyance of the property was subject to the condition that the City of Virginia Beach use the property exclusively for public or municipal purposes and, except as authorized ~n Section 3 of Ordinance No. 23,967, adopted by the Norfolk City Council on June 20, 1967, not convey, sell or lease the property, nor use it for any other purpose; and WHEREAS, upon the breach of the aforesaid condition, the City of Norfolk was entitled to reenter the property and cause title thereto to revert to the City of Norfolk; and WHEREAS, there presently exists a dwelling located at 4964 Athens Boulevard, constructed in 1940, which is situated partially within the 100 foot strip of land adjacent to Lake Bradford; and W~EREAS, the Estate of Lula Wallace Reilly, the owner of the said dwelling located at 4964 Athens Boulevard is seeking an encroachment permit from the City of Virginia Beach, which permit cannot be obtained unless and until the City of Norfolk Waives its right of reverter as to the property on which the dwelling encroaches; and WHEREAS, the City of Norfolk is Willing to waive its right of reverter as to that portion of the 100 foot strip of land around Lake Bradford into which the dwelling is encroaching. NOW, THEREFORE, for and in consideration of the sum of ($10.00) TEN DOLLARS, cash in hand paid, the receipt of which is hereby auknowledged by the party of the first part, the said party of the first part does hereby surrender and release unto the said party of the second part, its successors and assigns, the right of reverter reserved by the city of Norfolk in that certain deed dated July 21, 1967 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1018, at page 154 to the extent such right of reverter affects the property located at 4964 Athens Boulevard. In all other respects the rights of the City of Norfolk, including the right of reverter, set forth in the said deed shall be preserved. IN WITNESS WHBREOF, the City of Norfolk has caused these presents to be executed in its name and on its behalf and has caused its corporate seal to be hereunto affixed and attested by -2- its officers duly authorized pursuant to ordinance No. 37,19_9 adopted A~ril 20, 1993 , and effective _Agr.i. 1 20, 1993 WITNESS the following signature and seal: ATTEST: City Clerk ~ ' ' ~... STATE OF VIRGINIA, CITY OF NORFOLK, to-wit: , a Notary Public in and for the City of Norfolk, in the State of Virginia, whose term of certify that .~/~a~/. ~"? /~.On/.~.~Z~..P_fy, Assistant City Manager, and /~3 .fJrfd.¢/,f/~e /:~/r,7Jcit~ Clerk of the city of Norfolk, whose names as su=h are signed to the foregoing Deed of Release bearing date on the ~O--~day of ~~_/4'~ , 1993, have acknowledged the same before me in my City and State aforesaid. Given under my hand this /~ '~ ~otary Publi6 ....... -4-. LOCATION MAP r'= 2,000' - 29 - Item IV-L6. CONSENT AGENDA ITEM # 37433 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Ocean View Avenue to JFJ Builders, Marshall W. and Shelley D. Morrison re construction and maintenance of a wooden walkway/staircase to be built over the dune to provide access to the beach (BAYSIDE BOROUGH). The following conditions shall be required: 1. The encroachment shall be subject to conditions outlined in the agreement, which is hereby made a part of the proceedings. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF OCEAN VIEW AVENUE TO JFJ BUILDERS, MARSHALL W. MORRISON, JR. AND SHELLEY D. MORRISON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, JFJ Builders, Marshall W. Morrison, Jr., and Shelley D. Morrison, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of Ocean View Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a wooden walkway/staircase over the dune and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Ocean View Avenue, on the certain plat entitled: "TOPOGRAPHIC SURVEY OF LOTS 8 & 9 BLOCK 18, CHESAPEAKE PARK BAYSIDE BOROUGH, VIRGINIA BEACH, VA. FOR JEFF KEETER MEL SMITH & ASSOCIATES DATE: JULY 12, 1993 SCALE: 1" = 20'," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of JFJ Builders, Marshall W. Morrison, Jr., and Shelley D. Morrison, their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Ocean View Avenue and that JFJ Builders, Marshall W. Morrison, Jr., 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 and Shelley D. Morrison, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that JFJ Builders, Marshall W. Morrison, Jr., and Shelley D. Morrison, their heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that JFJ Builders, Marshall W. Morrison, Jr., and Shelley D. Morrison execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of November , 19 93 . 65 66 11/02/93 CBC/tga APPROVED AS TO LEGAL SUFFICIENCY This is to certify f, ,, on. groperty shown on this p/of and to the best of my knowledge. shown, and there ore no el except os shown Signed: ?-/2. ~1 ;,survey~ the correct 05 on the Smith, Lurid Surv~ THIS PROPERTY APPEARS TO FALL INSIDE FLOOD ZONE C AS SHOWN ON F.E.M.A. FLOOD MAP COMMUNITY NUHBER 515531, PANEL NUMBER 007C - DATED 1/17/85 i,i Walkway o ~0~ ~ 0 OCEAN VIEW~ AVENUE MPROVED) WOOD RET. '"'-- -"--- /.,,/._._- WAtL'% _._~.q? ~, DUNE LIN 7 'ol (2_1 8 9 ,,..~o '~ 4' Min.-- ,, ~,' ,~o Clearance ,. ,7:I+--8' WOOD DECK WOOD DECK i ii i 17:>' 17:>' 35 I[ CONCRETE I CONCRETE 50' I0' DRAINAGE EASEMENT-~ 34 __~ LAUDERDALE DRAWN: WL R 6' DRAINAGE 8, UTI LITY / EASEMENT-~ AVE. (50') 33 II 0 0 I0 ADJACENT OWNERS O O · LOT 35 ROBERT L. & CATHERINE GILMAN, ET AL LOT 34 JA~ES L. & MERLE T. WORLEY LOT 33 LEWIS P. & LISA S. TODD LOT 32A & 10 WAYNE BEAGLE I,OT 7 THOHAS H. & AUNDREA H. DUNHAM GPIN 1570-42-7995 TOPOGRAPHIC SURVEY OF LOTS 8 8~9 BLOCK 18, CHESAPEAKE PARK BAYSIDE BOROUGH, VIRGINIA BEACH, VA. FOR dEFF KEETER DATE: JULYI2,1993 I SCALE; I"= ~0' CONSUL~NG ENGINE~S-~ND aUR~IHG-P~NNIN~ 1091 NORFO~ A~NUE, SlJl~ 212 ~RGINIA B~CH, ~R&tNIA 234.51 PHONE:: (804)~22-4983 ~HECKED= ~ PROJ. NO.' THIS AGREEMENT, made this ~~qday of Cc"~Jbe~ , 19% ~ by and between the CITY OF VIRGINIA BEACH VIRGINIA a municipal corporation, party of the first part, and JFJ BUILDERS, INC., a Virginia corporation, owner of the property known as 4926A Lauderdale Avenue, and MARSHALL W. MORRISON, JR. and SHELLEY D. MORRISON, husband and wife, owners of the property known as 4926B Lauderdale Avenue, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part (even though more than one). WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a wooden walkway and staircase in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such walkway and staircase, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Ocean View Avenue; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such walkway and staircase within a portion of the City's right-of-way known as Ocean View Avenue. 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 right-of-way known as Ocean View Avenue for the purpose of constructing and maintaining such walkway and staircase. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Ocean View Avenue as shown on that certain plat entitled: "TOPOGRAPHIC SURVEY OF LOTS 8 & 9 BLOCK 18, CHESAPEAKE PARK BAYSIDE BOROUGH, VIRGINIA BEACH, VA. FOR JEFF KEETER MEL SMITH & ASSOCIATES DATE: JULY 12, 1993 SCALE'. 1" = 20' , " a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized 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 right-of-way known as Ocean View Avenue by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks requirements, as established by the City Traffic Engineer's Office. It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said JFJ Builders, Inc. has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. IN WITNESS WHEREOF, Marshall W. Morrison, Jr. and Shelley D. Morrison, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager City Clerk '"'"-~ ~-~ -- .-- ~1 I ' IlL I APPROVED AS TO LEGAL SUFFICIENCY I JFJ BUILDERS, INC., a Virginia cor~ation Ma~hall ~. Mo~rison, ~r~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, _~.-,_.. -~ .... , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19__, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. 6 GIVEN under my hand this day of , 19 My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a Notary Public in and for the City and State aforesaid, do hereby certify that MARSHALL W. MORRISON, JR. and SHELLEY D. MORRISON, whose names are signed to the foregoing writing, bearing date the ~/~ day of ~~-~ , 19~, have acknowledged the same before me in my City and State aforesaid. Given under my hand this ~ day of , 19~. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, /~ld~ ~).~1.~~' , a Notary Public in and for the City and State aforesaid, do hereby certify that Jeffrey C. Keeter, President, on behalf of JFJ BUILDERS, INC., whose name is signed to the foregoing writing, bearing date the same before me in my City and State aforesaid. Given under my hand this C)c~8~ , ~~. My C ommiss ion Expires: ~/~?,~D/~'~'""- , 19~__~, has acknowledged the day of Notary~/Publ ic 09/17/93 CBC/tga Th~$ is to cerhfy f, ,, on p. roperty shown on this plot ond to the best of my knowledge. shown, and there ore no et except os shown. Signed '. ~'-/~ ~_~ ; surveyed the correct os on the rty, { Smith, Lond THIS PROPERTY APPEARS TO FALL INSIDE FLOOD ZONE C AS SHOWN ON F.E.M.A. FLOOD HAP COMMUNITY NUHBER 515531, PANEL NUMBER 007C - DATED 1/17/85 Walkway VIEW~ AVENUE MPROVED) OCEAN WOOD RET. WAM."~ 7 "ol 91 LAUDERDALE 8 9 /,0 ~' 4' Min.-- , /" ~o Clearance WOOD DECK WOOD DECK 172' 172' $-S-F ~-S-F 13 ~' 1~2' I EASEMENT 0 0 I0 I ;,) ADJACENT OWNERS 32 o. O LOT 35 ROBERT L. & CATHERINE GILMAR, ET AL LOT 34 JAMES L. & MERLE T. WORLEY LOT 33 LEWIS P. & LISA S. TODD LOT 32A & 10 WAYNE BEAGLE LOT 7 THOHAS H. & AUNDREA M. DUNH~ GPIN 1570-42-7995 TOPOGRAPHIC SURVEY Av~. (5o') OF LOTS 8 1~ 9 BLOCK 18, CHESAPEAKE PARK BAYSlDE BOROUGH, VIRGINIA BEACH, VA. FOR JEFF KEETER I I CONSULllNG E~GINEER$-LAND SURVJ~YIHG-PLANNING 1091 NORFOLK AVE~IUE, fiUITE 212 VIRGINIA BEACH VIR~NIA 2.3451 PHONE' (804)422-498.~ DRAWN: WLR DATE: dULYI2,1995 SCALE; I"~ ~0' CHECKED: M.S. PROd. NO.: 12,171,000 LOCATION MAP 12,177,000 OUS SITE N GRANT 8ayvdle S 8[7 CLUB :uce JHS WE ORUMCASTL - 30 - Item II-J. PUBLIC HEARING ITEM # 37434 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING . (a) REED ASSOCIATES VARIANCE (b) JAMES G. KOLLAR, VMD CONDITIONAL USE PERMIT (c) DONALD G. AND SANDRA G. PRATT CONDITIONAL CHANGE OF ZONING (d) SOUTHERN RURAL PRESERVATION AREA AMEND Comprehensive Plan AMEND CZO re Zoning REPEAL Section 405 re Agricultural Districts AMEND CZO re Rural Residential Districts AMEND Zoning Ordinance map AMEND Subdivision Regulations re Cul-De-Sac Streets November 23, 1993 - 31 - Item II-J.l.a. PUBLIC ~NG ITEM # 37435 PLANNING Ram Gowda, 444 Revere Drive, Phone: 467-8077, represented the applicant Upon motion by Councilman Jones, seconded by Councilman Moss, City Council APPROVED the application of REED ASSOCIATES for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdhn'sion to meet all requirements of the City's Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivisions for Reed Associates. Said property is located at 1317 Reedtown Road. B~YSIDE BOROUGH. The following condition shall be required: 1. Category ! landscape screening shall be placed between the existing and proposed structure and the Eastern property line. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 - 32 - Item II-J. 1. b. PUBLIC HEARING ITEM # 37436 PLANNING Dr. James G. Kollar, VMD, 2492 Holland Road, Phone: 427-5201, represented the applicant Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of JAMES G. KOLLAR, VMD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JAMES G. KOLLAR, VMD, FOR A CONDITIONAL USE PERMIT FOR AN ANIMAL HOSPITAL (ADDITION) R011931861 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of James G. Kollar, VMD, for a Conditional Use Permit for an animal hospital (addition) on the northeast side of Holland Road, northwest of Creekstone Court. Said parcel is located at 2492 Holland Road and contains 4.445 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Category I landscape screening shall be placed between the existing and proposed structure and the Eastern property line. This Ordinance shall be effective in accordance with Section 107 (f) of the Zomng Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of November, Nineteen Hundred and Ninety-Three. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert IV.. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. November 23, 1993 Item II-J. 1. c. PUBLIC HEARING ITEM it 37437 PLANNING Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Dean, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of DONALD G. AND SANDRA G. PRATT for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF DONALD G. AND SANDRA G. PRATT FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION Z011931401 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtL VIRGINIA Ordinance upon application of Donald G. & Sandra G. Pratt for a Conditional Change of Zoning District Classification from R-20 Residential District to 0-1 Office District on the east side of General Booth Boulevard, 7605 feet north of Princess Anne Road. The proposed zoning classification change to 0-1 is for office land use. The Comprehensive Plan recommends use of this parcel for single-family residential at densities that are compatible with single-family use in accordance with other Plan policies Said parcel is located at 2244 General Booth Boulevard and contains 1 acre. PRINCESS ANNE BOROUGH. The following condition shall be required: Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of November, Nineteen Hundred and Nine~_ -Three. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert K, Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members l"oting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 - 34 - Item II-J.l.d. PUBLIC HEARING ITEM it 37438 PI. atNNING BY CONSENSUS, City Council SCHEDULED WORKSHOP FOR JANUARY 8, 1993, at 9:00 A.M. in the PAI'TLION VIP Room, re AMENDMENTS for the Southern Rural Preservation Area of the City of Virginia Beach: 1. AMEND Comprehensive Plan re Rural Preservation Plan 2. AMEND and REORDAIN the City Zoning Ordinance, Section 102, Subsection (a) re Zoning Districts 3. AMEND and REORDAIN the City Zoning Ordinance, Sections 400, 401, 402 and 404; and, REPEAL Section 405 re Agricultural Districts. 4. AMEND and REORDAIN the City Zoning Ordinance, Article 4 by ADDING Sections 450, 451, 452, 453, 454 and 455 re Rural Residential District AMEND and REORDAIN the Zoning Ordtnance Map of the City Zoning Ordinance re Repeal of the AG-2 Zoning District; and, Reclassify all properties previously zoned AG-2 to AG-I 6. AMEND and REORDAIN Section 4.1, Subsection (p) of the Subdivision Regulations re Cul-De-Sac Streets November 23, 1993 - 35 - Item II-K. 1. APPOINTMENTS ITEM # 37439 BY CONSENSUS, City Council CONFIRMED APPOINTMENTS: COMMUNITY CORRECTIONS RESOURCES BOARD Reappointed by Circuit Court 2-year terms 1/1/94 - 12/31/95 Joseph J. Basgier Esther T. Ricks Reappointed by V"trginia Department of Corrections I-year term 1/1/94-12/31/94 Carol C. King Buck November 23, 1993 Item II-K2. APPOINTMENTS ITEM # 3744O BY CONSENSUS, City Council CONFIRMED APPOINTMENTS: BOARD OF ZONING APPEALS Reappointed by Circuit Court S-year term 1/1/94 - 12/31/98 Paul N. Sutton November 23, 1993 - 37 - Item II-L.I. NEW BUSINESS ITEM # 37441 Upon motion by Vice mayor Sessoms, seconded by Councilman Moss, City Council DEFERRED until the City Council Session of December 7, 1993: Ordinance establishing a Legislative Committee for the purpose of maMng recommendations to City Council re City's Legislative Package; and, APPROPRIATE $1,800 from the General Fund Reserve for Contingencies for the purchase of City Flags with staffs and bases to be displayed in the Richmond Office of each of the Members of the City's local delegation to the General Assembly Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Louis R. Jones November 23, 1993 - 38 - Item II-L. 2. NEW BUSINESS ITEM # 37442 BY CONSENSUS, City Council RECORDED AS SUBMITTED BY GENERAL REGISTRAR: Abstract of Votes cast in the General Election held on November 2, 1993. November 23, 1993 - 39 - Item II-L. 3. NEW BUSINESS ITEM # 37443 Mayor Oberndorf distributed copy of a Resolution requesting General Assembly enact legislation regarding repair/removal of defacements to buildings and structures. Mayor Oberndorf advised she and Councilman Brazier are requesting this item be SCHEDULED for the City Council Session of Decernber 7, 1993. November 23, 1993 Item II-L. 4. NEW BUSINESS ITEM # 37443 Councilman Lanteigne referenced the letter from Governor-Elect Allen requesting the services of the Virginia Beach City Manager, James IC Spore, to serve on the Governor's transition team focusing on financial/organizational aspects of reorganizing the State government. Through the outstanding leadership of the City Counci~ Virginia Beach has successfully weathered the economic storm of recent years through "rightsizing" initiatives, which have resulted in a vibrant, economically sound City with fewer employees and without significantly affecting services. Said letter is hereby made a part of the record. BY CONSENSUS, City Council congratulated the City Manager and allowed him to serve until January Fifteenth as an unpaid member of this transition team. November 23, 1993 - 41 - Item II-M. 1. ADJOURNMENT ITEM # 37347 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 8:40 Pa$1. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 23, 1993 ABSTRACT OF VOTES cast in the County/City of V~RGINIA BF_JtCH Virglnla, at the November 2, 1993 General Election, for: GOVERNOR OF VIRGINIA MARY SUE TERRY GEORGE F. ALLEN 35,088 53,700 NANCY B. SPANNAUS 829 ANYBODY ELSE 1 LYLE BANKS 1 CHRIS BARNHART 1 DAVID J. DAVIS 1 JAMES DES ROCHES 1 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Governor of Virginia. Given under our hands this 4tJa A copy teste: Chairman Chairman Secretary Secretary, Electoral Board GOVERNOR OF VIRGINIA County/City of VIRGINIA BEACH DONALD DUCK ROBERT B. ENGESSER LARRY J. GRAY LARRY KERNS LYNN D. MANGER GLENN MCLANEN ROBERT F. MCDONNELL MICKEY MOUSE MICI-]A-TI',T,E NICHOLS NO ONE NONE OF TI--~ABOVE I'Y'),'%]'AT ,F~ r)' F~RTlk~N MEYERA OBERNDO~ DAN PRESNEI,T, MOODY STALLINGS G. WILLIAM WHITEHURST November 2, 1993 General Election Page 2 of 3 Total Votes ~eelved Abstract Continuation Sheet GOVERNOR OF VIRGINIA Office Title County/City of VrRG~N~rA BF_.ACH NOVEMBER2, 1993 Election Date Primary, General or Specual Election Page 3 of 3 EARLE WILLIAMS ERNEST F. WISEMAN SR Total Votes Received (I. Figures) JOHN WITTMAN 1 ABSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH Virginia, at the November 2, 1993 General Election, for: ATTORi~Y GENERAL OF VIRGINIA VV'T[,T~,'[~ D. DO LAN IH JA1WES S. "Jim" GILMORE IH Total Vote~ Received (In 38,259 48,429 BARBARA ANDERSON ~F. CORILLO RYANCOYBAT~. 1 PETER G. DECKER MARY JO ENGESSER GOOFEY 1 CARY GORDON 1 INDEPENDENT 1 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Attorney General of Virginia. Given under our hands this A copy teste: 4th day of 9~ ! Chairman Vice Chairman Secretary Secretary, Electoral Board ATTORNEY GENERAL OF VIRGINIA County/City of VIRGINIA BEACH November 2, 1993 General Election Page 2 of 2 Nome, of Ca,dldat,, Total Vote~ (In Figure,) JOHN MARTIN MCBETH GLENN MCCL~iE~q TOM ~,T,T,ING SR MICKEY ~USE NO VOTE NONE OF THE ABOVE CHERYL PAGAL J~ E. ~O~S PAT ROBERTSON PHILIP R. TRAPANI JOHN WITTMAN 1 ABSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH Virginia, at the November 2, 1993 General Election, for: LIEUTENANT GOVERNOR OF VIRGINIA N~s of Canal/date. DONALD S. BEYER, JR. MICHAEL P. FARRIS Total Votes Received (In Figures) 47~803 40,050 G. E. ANDERSON 1 JENNIFER ARSENAULT WILLIAM CARROLL NATHANIEL E. DAISE LAWRENCE L. DEBOXTEL, JR. 1 DONALD DUCK 2 CIIESTER EHRENZELLER EINSTEIN 1 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Lieutenant Governor of Virginia. Given under our hands this 4TH A copy tests: day lof November, 199~~ / Chairman Vice Chairman Secretary Secretary, Electoral Board LIEUTENANT GOVEP~OR OF VIRGINIA County/City of VIRGINIA BEACH November 2, 1993 General Election Page 2 of 3 DOROTHY J. ENGESSER Total Vote~ l~eceioed (In Figures) ROBERT B. ENGESSER LINDA GIBSON JOHN HARTH JOHN HENRY INDEPENDENT CLEM KADIDLEHOPPER BOBBY KILBERG 12 BOBRIC KILBERG JOSEPH J. KUCINSKI RUSH LIMBAUGH BARBARA LUNA CHET MARTIN STEELE MCGONEGAL WILEY F. MITCHELL JEFF MOFFITT MICKEY MOUSE NONE ACCEPTABLE 1 Abstract Continuation Sheet LIEUTENANT GOVERNOR OF VIRGINIA Office Title County/City of VIRGINIA BEACH NO~2, 1993 Election Date ~ Election Primary, General or Special Page 3 of 3 Names of Candidates NONE OF THE ABOVE Total Votes ~Aeceived (In Figures) DUSTY PURKISS ' JEFFERY ALLEN RAMERIZ RAY W. ROSS, JR. NEIL SAVAGE GEORGE SCHAEFER GERALD W. TURNER JONNA-DAWN WALKER VALERIE P. WATKINS W. T. WEBB G. WILLIAM WHITEHURST 1 ABSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH ¥irgh~a, at the November 2, 1993 General Election, for: MEMBER, HOUSE OF DELEGATES 21st DistTict Total Vota J. RUSSEI,I, FENT~ESS IV 7,534 NATHANIEL E. DAISE EUGENE MAYTON I~.T.T,Y WILLS (continue on rever~e #ide, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this 4th A copy teste: day Chairman ~_~ ~ ~-~ /) ~~Vice Chairman ,~.,~~ ~X~_ )~~~-~5 Secretary - ~ ~~~~ Secreta~, Electoral B~rd / ~F~ HOUSE OF DELEGATES District Co~-ty/City of November 2, 1993 General Election Page of ~ Total ~rotes Received ABSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH ¥irg~n~a, at the November 2, 1993 General Election, for: GLENN R. CROSHAW HOUSE OF DELEGATES Slst District Total Fora Re~4ved 6,150 RONNA L. TRACY CYT}{ENIAMARTIN 3,394 1 STEVE ~.FCIK 1 . MICKEY MOUSE VICTOR W-iNBORN (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this 4th A copy teste: &y of ~ ~ Chairman Vice Chairman Secretary Secretary, Electoral Board I~E. MBF, R~ HOUSE OF DELEGATES District County/City of November 2, 1993 General Election Page. of~ ABSTRACT OF VOTES cast in the County/City of V~RGINIA BE~CH ¥irg~nla, at the November 2, 1993 General Election, for: MRMBER, HOUSE OF DELEGATES 82nd District Total RARR¥ R_ "~R" ANYBODY ELSE 1 MARK BAILEy MARY WHITEHEAD BAKER AL BALKO 1 BOBBY DAVIS 2 JERRY DEXTER 1 DUMBO 1 JOHN GALT I HAROLD HEISCHOBER KAREN JENKINS (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this .A copy teste: 4th Chairman Vice Chairman Secretary / % 1WE~~ HOUSE OF DELEGATES ~n~ District County/City of VIRGINIA BEACH November 2, 1993 General Election Page 2 of ~ Total Yote~ R~ceived BOB MCDONALD JIM MCLANE CHARLES MCNAUGHTON MICKEY MOUSE JO}LN W. NEET,Y NO ONE ELIN OUTLAW L. ERIC OVERMAN RICHARD PETRAN PAT ROBERTSON PAULAFRANCES ROEBUCK RAY ROSS JR HARRY SHADIRCH BILL SULLIVAN ANA TATE Abstract Continuation Sheet MEMBEr, HOUSE OF DV,,T,V,,GATES 82nd DISTRICT Office Title County/City of VIRGINIA BEACH NOVEMBER 2, 1993 Election Date Primary, General or Spemal Page 3 Election __ of 3 Names of Candidates MARY SUE TERRY EDDIE VEDDER EDDIE W. WILSON JOHN D. WOODWARD Total Votes Received (In Figures) JAY ZIMMERMAN 1 I ~4;qSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH Virg~nla, at the November 2, 1993 General Election, for: 1WE~E~ HOUSE OF DELEGATES 83rd District WILLIAM H. MONROE JR. Total 4,546 LEO C. WARDRUP JR. RAY W. ROSS JR. 8,453 261 MCBETH 1 NONE 1 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this copy teste: Chairman Vice Chairman Secretary Secretary, Electoral Board 1WE~MBER, HOUSE OF DELEGATES District Co,~:-ty/City of November 2, 1993 General Election Page __ of~ Total Votes Received (In Figure~) ABSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH ¥irg~-~a, at the November 2, 1993 General Election, for: MEMBER, HOUSE OF DELEGATES 84th District THOMAS SCOTT CARNES ROBERT F. "BOB" MCDONN~,T, To~ Yota 3,807 6,904 BARBARA BOUCHET RYAN cOYBAT,T, 1 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this A copy teste: Chairman Vice Chairman Secretary HOUSE OF DELEGATES District Co;,nty/City of November 2, 1993 General Election Page of~ Total Votes .l~ec~eived (In Figures) ABSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH Virg~nla, at the November 2, 1993 General Election, for: 1WE~MBER, HOUSE OF DELEGATES 85th District ROBERT "BOB" TATA Total Votes Received tin Figure) 15,119 HARRY W. ROGERS 2,$66 1 ANYONE ELSE 1 STEPHEN BIDER 1 JOHN H. DOLAN 1 CAq"F~ A_ MINNIE MOUSE 1 NONE OF THE ABOVE RODGERRABBIT 1 (continue on rever~e side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this 4'l-'h copy teste: Chairman Vice Chairman Secretary Secretary, Electoral Board 1WEBER, HOUSE OF DELEGATES 85th District County/City of VIRGINIA BEACH November 2, 1993 General Election Page 2 of 2 ~ZLRK SNYD~ JANET TRUESDAT,E Total Vote~ Received U. VA. PEP BAND 1 ABSTRACT OF VOTES cast in the County/City of V~RGTNTA BEACH Virg~-ia, at the November 2, 1993 General Election, for: ME~ER, HOUSE OF DELEGATES 87th District HOWARD E. COPEI2%ND Total ~rotea Received 331 THET~4A SAWYERS DRAK]~ ALAIN E. LAREAU JR. 335 3_5 (continue on rever~e ,ide, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the C~r~ of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this A copy teste: 4th Chairman Vice Chairman Secretary Secretary, Electoral Board 1V~E~ER~ HOUSE OF DELEGATES District County/City of November 2, 1993 General Election Page ~ of__ Total Vote~ ~4 tlSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH Virginia, at the November 2, 1993 General Election, for: 1WR,~ER, HOUSE OF DELEGATES 90th District W.P. "BILLY" ROBINSON JR. Tota/ 1,785 ivLI C~ ]~T,T, 3 JASON BUSH WILLIAM MARSHALL CARTER JOHN CHURCH JACQUELINE FORTUNE DOROTHY L. GRADEL RUSH LIMBAUGH 1 GEORGE N~.C~VE~N MICKEY MOUSE 2 MY DOG COCO MICHAET, J. POSTA III 2 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this A cop~ teste: Clrairrnan Vice Chairman Secretary 1MEMBER, HOUSE OF DELEGATES 90th District County/City of VIRGINI~ BE~CH November 2, 1993 General Election Page 2 of 2 JOHN ROPER ROBERT TATA Total Yote~ Received JAMES DWIGHT WATTS FUI,TON ~TDREE RICHARD M. YANKEg ABSTRACT OF VOTES cast in the County/City of VIRGINTA B~CH Virginia, at the November 2, 1993 General Election, for: COMMONWEALTH'S ATTORNEY DONALD W. MARCARI ROBERT J. "BOB" HUMPHREYS LI SA CATON Total 33,939 51,807 ROBERT B. ENGESSER PETER GARREt~ GRIFFITH CHUCK GRIFFITH RAY HAUSERMAN 1 (continue on rever~e s~de, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: ROBERT J, "BOB" HUMP~YS Given under our hands this A copy teste: day of November, 1993. Chairman Vice Chairman Secretary Secretary, Electoral Board COMMONWEALTH'S ATTORNEY County/City of V-fRGTNTA BE~CH Names of C~md~ates BRAXTON HILL III INDEPENDENT CHET MARTIN EDITH MII_igR M.D. MICKEY MOUSE NQNE OF THE ABOVE PAT ROBERTSONJR. IRA SPECTOR JULIE THOMAS HERBERT W. TITUS November 2, 1993 General Election Page 2 of 2 Total Votes Received ~. l~gures) TWELVE YEAR OLD CHILD 1 ABSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH Virgln~a, at the November 2, 1993 General Election, for: TREAS~R Total Vote~ Received 76~337 ANYBODY BUT 1 ANYONE ELSE 2 1 (continue on reverse ,ide, if needed) we, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: JOHN T ATKINS(Iq Given under our hands this 4th A copy test. e: day of November, 1993. Chairman Vice Chairman Secretary Secretary, Electoral Board TREASURER County/City of VIRGINIA BEACH November 2, 1993 General Election Page 2 of 8 Total Vote~ Received (In Figure,) ANYONE ELSE WHO HASN'T BR~q OC~YVI~ DUI ANYONE EXCEPT JOHN ATKINSON ANYONE WHO IS SOBER PAUL CHRISTOPHER BAKER GINO JAMES BAI~fOBUZZI BOZ. O BARBARA M BRO2F~ MARIE BRO4N CFI~RT.P_q R R[I]~Tlq~ BULL~E BUC~~ lqF..X L BUSC~ PATRICK CAYALIERE ELIZABETH OOPf~HAVER Abstract Continuation Sheet Office Title County/City of VIRGINIA BEACH NOVEMBER 2, 1993 Election Date Primary, General or Spemal Election Page ~ of 8 Names of Candidates ALEX B DAIL, JR CHARLES IX)DD Total Votes Received (In Figures) DANIEL E DZ~qITL IX]ROTHY J I~qGESSER MIKE FERRIS ~GRAY III DELLA GUEM~ Abstract Continuation Sheet Office Title County/City of VIRGINIA BEACH Names of Candidates STANLEY HARRELL JA(DQUELINE ANN BERZER ODYSEAS HOt~IANITIS MICMAEL WODSON JOBANNA T JOHN~ STANLEY JONES ABRAHAM J ~ JOYLECL~GER B R LMOTTA RUSH LIMBA~ NOVEMBER 2, 1993 Election Date Pmmary, General or Special Page __ Election Total Votes Received (In Figures) 4 of 8 Abstract Continuation Sheet Office Title County/City of V~RGL'~A ~ACH Na,n~s o£ CanW~dotes TIFF MAI~IN JIM MCLAN~ r.rZ~TR A MT[,nR~ RALPH ~ ~d-D~ C I~C)R~ HRRRg W ~CX~D MICKEY ~E ELIZABETH NA[gL ITANO CRAIG NEARY NOVEMBER 2, 1993 Election Date Primary, General or Special Page __ Total Votes Received (In Figures) Election of 8 MILTON E NIXON 1 Abstract Continuation Sheet Office Title Co,_~ nty/City of VIRGINI~ ~ames of Candidates NO¥CtI~ H ROSS PEROT BELINDA PET~ITE DAVID PFITZER GERALD B I~EX LIlqDA REYIqO~ JOiHN ~ HAR~ ~Z NO~ 2, 1993 Election Date Primary, General or Special Page 6 Election of 8 Total Votes Received (In Figures) ~ SIKES 1 Abstract Continuation Sheet Office Title County/City of VIRGINIA BEACH NOVEMBER 2, 1993 Election Date Prunary, General or Special Election Page 7 of 8 N~,.~s of C~,~.Xes Total Votes I~eceived (In Figures) MARK N SNYDER SOM~0NEWHOABIDESBYTHEDUI LAWS LINDA SWAR~Z TED SZPARA 2 DONALD TRL~P ROBEI~f~ P VA~ 2 Abstract Continuation Sheet Office Title County/City of VrRGn~A BEAC~ NO~ 2, 1993 Election Date Primary, General or Special Election Page 8 of 8 No,,~s of Candidates (~,ACE ANN WILLI!IqBRINK B~ I~LLXAI~ Total Votes l~eceived (In Figures) BARBARALU YING 1 ABSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH Virginia, at the November 2, 1993 General Election, for: Sm~RIFF Total Votes Received FRANK DREW 74,040 ANYONE BUT FRANK DREW ANYONE ELSE 1 DAVID L. BALL 1 JIM BECKSTEDT 1 PARKER BENA 1 KEITH WAYNE BENTON PHILIP BOM 1 SANDRA BRANDT 1 (eontinu~ on reverse ,ide, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: FRANK DREW Given under our hands this A copy teste: 4th day of November, 1993. Chairman Vice Chairman Secretary Secretary, Electoral Board SHE~F County/City of VIRGINIA BEACH DANIEL J. BRENNAN DARRELL W. BROOKS R. H. CALDWELL JOE CANADA BARBARA CARERRA WALTER CARTER TOM CATCHINGS MICHAEL CLOZZA EMERSON S. CONRAD, JR. ALEX B. DAIL, JR. NATHANIEL E. DAISE ROBERT L. DAVIS TERRANCE A. DAVIS STUART DEAN DEPUTY DOG J. R. "JACK" DEWAN DOUGLAS November 2, 1993 General Election Page 2 of 8 Toto, l Votes Received (In F~gure,) SCOTT DRATWICK 1 Abstract Continuation Sheet SHERIFF Office Title County/City of VIRGINIA BEACH Names of Candidates WILLIAM DUNLAP ROBERT B. ENGESSER BARNEY FIFE STANLEY FINCHMEN WINIFRED FLAHTERY CHRISTOPHER FREDERICK JERRY GARCIA D. GATES CLARENCE L. GERRISH MAXIE GIUNER DANIEL GOLDSCHER JAMES A. GRYMES GEOFFREY ¥. GUNS BERNARD HAMILTON ED HAYES NOVEMBER 2, 1993 Election Date ~ Election Prunary, General or Special Page 3 of 8 Total Votes P~eceived (In Figures) MICHAEL M. HAYES 1 Abstract Continuation Sheet SHERIFF Office Title NOVEMBER 2, 1993 Election Date County/City of VIRGINIA BEACH Primary, General or Specml Page 4 Election of s Names of Candidates Total Votes Received (In Figures) LARRY R. HILL SHAWN J. HUTCHININGS INDEPENDENT RANDEL JACOBSON DEXTER JONES NORMAN KAHN FRANK KELLAM GARY CARL KLEIN BEN KRAUSE JOSEPH J. KUCINSKI MARK KUNPF PETER LABYAK PAUL LANTEIGNE RUSH LIMBAUGH GEO. W. LONG ROBERT LORKIEWICZ 1 Abstract Continuation Sheet Office Title County/City of Vn~G~NZA BEAC~ NOVEMBER 2, 1993 Election Date GENERAL Election Pmmary, General or Special Page 5 of 8 Names of Candidates Total Votes Received (In Figures) CHET MARTIN ROBERT MATHESSON DAVID MATSON MCBETH MCCABE BOBBY MCCABE HUGH MCCOLLUM RONALD MCDONALD JIM MCLANE TOM MELLING, SR. WILLIAM MERCHEN PAUL MERELLO CHARLES MERRITT TOM METICHECCHIA ROBERT METZ BRUCE MEYER i Abstract Continuation Sheet Office Title County/City of VmGn~-iA BF_~CU NOVEMI%ER 2, 1993 Election Date Primary, General or Special Election Page 6 of 8 Names of Ca~d&l. otes Total Votes Received (In Figures) SIMON MOORE MICKEY MOUSE NINE YEAR OLD CHILD BILL NIXON MILTON E. NIXON NO ONE NO CONFIDENCE NONE OF THE ABOVE BUSTER O'BRIEN MICHAEL O'HOGAN BILLY OVERMAN KEN OVERMAN JEFFRY RAMIREZ LOU REED JOSEPH G. REHAK CURTIS O. REYNOLDS ] Abstract Continuation Sheet SHERIFF Office Title County/City of Names of Candidates JOSEPH RIDDICK BRENDAN P. RIDGE PAT ROBERTSON, JR. ROY ROGERS JOE SCHNEIDER, JR. STEPHEN M. SCHREIER HARVEY SHADELL JANET SHAUGHNESSY DIANA SHOCKET C. G. SHULL CHARLES SMITH RAPHAEL W. STEPHENS JAMES SULLIVAN PAUL SUTTON MARY SUE TERRY MIKE TETLAK NOVEMBER 2, 1993 Election Date GENERAL Election Primary, General or Specual Page 7 of 8 Total Votes Received (In Figures) Abstract Continuation Sheet Office Title County/City of vm~r~r~ NOVEMBER 2, 1993 Election Date Primary, General or Special Election Page 8 of 8 Nome, of Cand/dote, WESLEY B. THOMPSON ROBERT WEAST GRACE ANN WILLENBRINK Total Votes Received (In Figures) MARTIN WITTMAN 1 ABSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH Virginia, at the November 2, 1993 General Election, for: COMMISSIONER OF REVENUE ~ames of Candidates ROBERT P. "BOBBY" VAUGHAN STANLEY M. HARREI,T, Total Vote~ Received (I. Figure.) 62,240 19,073 NANCY G. ~T,T, LAPd~Y M. BECKER ROBERT B. ENGESSER AUDREY HAUSERMAN ODYSEAS HOUSIANITIS INDEPENDENT 1 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: ROBERT P. "BOBBY" VAUGHAN Given under our hands this 4th A copy teste: day of November, 1993. Chairman V~ce Chairman Secretary ~~~ecreta~, Electoral Board COM1VHSSIONER OF REVENUE County/City of VIRGINIA BEACH Names of Candidates RUSH LIMBAUGH LAWRENCE ~I-IAT,T, HEIDI MARTIN MCBETH HUBERT MCGIVNEY MICKEY MOUSE MILTON E. NIXON NONE OF THE ABOVE KEVIN O'BRIEN RU PAUL SMITH November 2, 1993 General Election Page 2 of 2 Total Votes Received (Tn Figures) DAVID WINTERS 1 ABSTRACT OF VOTES cast in the County/City of V~RGINIA BEACH Virgh~a, at the November 2, 1993 General Election, for: SOIL AND WATER CONSERVATION DIRECTOR ~FFRC. TNTA DAPJ~ District N~..~I of N~I HAROLD HEI SCHOBER JOHNATHAN W. ADAMS SHARON ADAMS Total Vota Received 73,127 AGAINST 2 GEORGE ALLEN 1 ~S~SR. AND~SON ANYBODY DUT THAT "CROOK" HEISCHOBER ASPfBODY ELSE ANYO~ ELSE 3 (continue on rever,e side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 1993, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Soil and Water Conservation District Directors. Given under our hands this 4th A copy teste: Chairman Vice Chairman Secretary Secretary, Electoral Board SOIL AND WATER CONSERVATION DIRECTOR VIRGINIA DARE District November 2, 1993 General Election Page 2 of 14 County/City of VIRGINIA BEACH ANYONEBUT JACK AUSTIN GEORGE BAKER CARTER BALDWIN AL BALKO C. BERNICK , EUGENE BOLICK LOIS BOSKEN RITA E. BRENNAN COLTON L. BROOKS SR BUCHANAN F~$? ?. "50~" ~UC~ III JOE BUCHNOR Abstract Continuation Sheet $OTT, AND WATER CONSERVATION DIRECTOR Or'ce Title County/City of VIRGINIA BEACH NOVEMBER 2, 1993 Election Date Primary, General or Specml Page 3 Election of 14 Names of Candidates BOBBY BULLOCK Total Votes I~ecelvevl (In Figures) DONALD W. BURT ' HARDING BUSCH HOWARD CARR RICK COFFERS JEFF COl ,F~zAN COMER IRA E. COPENHAVER GINGER CRAIG DAN CREDON NATHANIEL E. DAISE GREGORY DAUBNER JULIA A. DAUBNER DAUNER 1 Abstract Continuation Sheet ~TT~ AND WATER CONSERVATION DIRECTOR Office Title NOI/EMBER 2, 1993 Election Date County/City of VIRGINIA BEACH Primary, General or Special Page _ Election 4 of 14 N~r,~s of Candidates STEVE DAVIDSON Total Votes Received (In Figures) DEWITT DAVIS IV GEORGETI~ CONSTANTDAVIS SEPH DAVIS SHEPPARD H.C. DAVIS 17 ROBERT K. DEAN BRIAN DEBRUIN JOHN DINSIvXDRE FRANK DREW DONAT,F) F. D[ ICI( EUGENE ELLINGSON MARY JO ENGESSER KEN FALKENSTEIN KEN FALKENSTIEN 32 JIMMIES. FANT JIMMY $, FANT 4 Abstract Continuation Sheet SOIL AND WATER CONSERVATION DIRECTOR Office Title NOVEMBER 2, 1993 Election Date County/City of VIRGINIA BEACH Primary, General or Special Page ~ Election 5 of 14 Names of Candidates MICHAEl. FARRIS Total Votes Received (In Figures) SIDNEY CRAIG FENTON NANCY FENTRESS WINIFRED FLAHTERY GARY S. FORREST JEFFREY A. FRANKLIN AT.A~ DAN GILBERT MICHAEL A. GLASSER DAVID RODNEYGLENDQN JESSIE GOLDSCHER JOJO GOLDSCHER M. JOSEPH GORDONJR ROBERT GRAY III MACKEY GRIMES AARON KEITH GRUBBS 1 Abstract Continuation Sheet ~OIL AND WATER CONSERVATION DIRECTOR Office Title Co,,nty/City of V~RGIN~A BEAC~I NOVEMBER 2, 1993 Election Date Prtmary, General or Special Election Page 6 of 14 Names of Candidates Total Votes Received (In Figures) FRANCIS HAJEK ' FRANCIS P. HAJEK JULIE HALLBURG JON HEDDLESTON BARBARA HENLEY ELIZABETH M. HOUSIANITIS ODYSEAS HOUSIANITIS ODYSEAS D, HOUSIANITIS BRENDA L. HI/FFSKE~ I. M. DUMB JAMES I. IVER JR JACK JONES MICHA~. JORDAN 1 Abstract Continuation Sheet .qC)TT, AND WATER CONSERVATION DIRECTOR Office Title County/City of VIRGINIA BEACH NOVEMBER 2, 1993 Election Date Primary, General or Specxal Page __ Election 7 of 14 Names of Candidates Total Votes Received (In Figures) MARK KATZ W~ED J_ krr,T~I~G~DD. d-R FREDERIC S. KNIGHT BEN KRAUSE DANTRT, T,ARYAK DUCKERY LAMBERT CARL "BUSTER" I2tNKFORD B. R. LEOSTA LESLIE LEWIS · ,TO'R. T,T~ART RUSH LIMBAUGH JELIANL. LINGLE 1 Abstract Continuation Sheet ,qOIL AND WATER CONSERVATION DIRECTOR Office Title County/City of VIRGINIA BEACH NO BER 2, 1993 Election Date Pnmary, General or Special Election Page 8 of 14 Names of Candidates Total Votes Received (In Figures) c~l~ w.c~Ry T DN-ERC-,AN GEO. W. LONG RICHARD LOhIVLAN CRAI~T,ES E_ MANN MARION MARCONJAK Cl-pa.T MA~TTN SHEREE R. D. MARTIN LULOUI MCCANN GLENN MCCLANAN SHERRY MCCORMICK · I:~R MC_CRI~RY STEVEN MCKECHNIE CLAUS D. MC~Y 1 Abstract Continuation Sheet SOIL AND WATER CONSERVATION DIRECTOR Office Title NOVEMBER2, 1993 Election Date County/City of VIRGINIA BEACH Primary, General or Special Page . Election 9 of 14 Names of Candidates JIM MCLANE Total Votes l~eceived (In Figures) SALLY A. ME. EK WTT,T,T~ ~c~N BRUCE MEYER STEVE MI,ECIK SIMON MOORE MARLENA MOREAU G. LEONARD "LEN" MOSS JOHN D. MOSS MICKEY MOUSE TOM MI TT ,T ,TC-J~A~ PAT MURPHY DAVID D. MURRAY ,qANDRA L. MURRAY Abstract Continuation Sheet SOIL AND WATER CONSERVATION DIRECTOR Office Title Cou-ty/City of VrSGXmA ~S~C~ NOVEMBER2, 1993 Election Date Primary, General or Special Page __ Election lO of 14 Name, of Candidates JUNE H. MYERS Total Votes t~eceived (In Figures) RICHARD NAIGLE SR NADINE NAUJOKS ERIC NEACE CHARLES A. NELSON MIL%~C)N E, NIXON NO ONE NO ONE AN UNNECESSARY OFFICE CHARIgNE NOEL MEYERA OBERNDORF ELIN OUTLAW LOU PAC~ PEGGY L. PkLACIOZ 15 1 NANCY K. PARKER CURTIS PAYNE 1 Abstract Continuation Sheet ~nTT. AND WATER CONSERVATION DIRECTOR Office Title County/City of VIRGINIA BEACH NOVEMBER 2, 1993 Election Date Primary, General or Specml Page 11 Election of 14 Names of Candidates MARY SUE PICCININO Total Votes Received (In Figures) EARL PITTS LIBBy BASNICK DONALD H. RHODES KEITH RICHARDS RQMANRICHARDS ERIC ROLLINS 135 RALPH B. SAWYER CARL SCHERRER JOE SCHNEIDER JOE SCHNEIDER SR MTCI-IA~-~, SHOCKET DAVID SIEG MARINA SIRTIS CHARLOT~ SMZTH i Abstract Continuation Sheet SOIL AND WATER CONSERVATION DIRECTOR Office Title County/City of VIRGINIA BEACH NOVEMBER 2, 1993 Election Date Primary, General or Specual Page .. Election l? of 14 Names of Candidates GARRY W. SMITH Total Votes Received (In Figures) GREGORY WYATT SMITH SMOKEY THE BEAR STANLEY V. SNEAD MICHAEL KENT STALLINGS FREDA STANLEY SHARON STATON RAPHAk-~, W. STEPHENS ANITIA H. STEVENS DELOIT STRI¢I<LAND HENRY T. THASHER CLIFF THOMAS Abstract Continuation Sheet SOIL AND WATER CONSERVATION DIRECTOR Office Title County/City of VIRGINIA BEACH NOVEMBER2, 1993 Election Date ~ Election Primary, General or Spemal Page _A2- of 14 Names of Candidates Total Votes Received (In Figures) RONNA TRACY Cj~R~'q~I,T,T, VANECK ~RRRYWAT,T~CE JONEiL WALTH~T,I, W. P. WATKINS JR JAMES WA~TS JOHN WAYNE J. E. WEIRICH DON WRT,T ,S C'HA~T,E,~ P. WE.qT,EY DDS WILLIAM WHITEHURST EDWIN M. WIED III k~DWTN W. WIFD III GRACE ANN W~T,T,~IN~ 1 Abstract Continuation Sheet SOIL AND WATER CONSERVATION DIRECTOR Office Title County/City of VIRGINIA BEACH NOVEMBER 2, 1993 Election Date Primary, General or Special Page __ Election 14 of 14 Names of Candidates MT~I-~.T ,P, Total Votes Received (In Figures) City of Virginia Beach WILLIAM D SESSOMS JR VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455-5732 November 23, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re' Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the November 23, 1993, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda, other than the resolution authorizing distribution of the Preliminary Official Statement in connection with the sale of Water and Sewer Revenue Refunding Bonds, in which I have a "personal interest," as defined in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, ! wm'a D. Sessoms, r. Vice-Mayor