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JUNE 7, 1994 MINUTES (2)
City of Virgir�ia F�c�ch "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 O. BRANCH III, Virginia Beach Bmough JAMES W. BRAZIER, JR., Lynnhaven Borough ROBERT W. CLYBURN, Kempeoille Borough ROBERT K. DEAN, Princess Anne Borough LOUIS R. JONES, Bayside Bmough PAUL J. LANTEIGNE, Pungo Bmough JOHN D. MOSS, At -Large NANCY K. PARKER, At -Large JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC / AAE, City Clerk I. FORMAL SESSION CITY COUNCIL AGENDA JUNE 7, 1994 A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend James E. Davis Police Chaplain 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 18041 427-4303 - Council Chamber - 2:00 PM C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - May 24, 1994 G. COUNCIL COMMITTEE REPORT 1. VIRGINIA BEACH CRIME TASK FORCE Charles Gardner, Chairman H. RESOLUTION Resolution approving issuance of Revenue Bonds by the Development Authority for the YMCA of South Hampton Roads, in an amount not to exceed $1,200,000 to assist in the acquisition and renovation of a building to be used for a recreational facility for adults, youth and families at 5660 Indian River Road, pursuant to Section 15.1-1378.1 of the Code of Virginia of 1950, as amended. 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. 1. Resolution authorizing the Director of Finance make payment on lost Minibonds, General Obligation Public Improvement Bonds, Series of 1991 B, 1994 Maturity: a. R-0084, $5,000.00 Irene I. and Thomas G. Wood, 5392 Challedon Drive, Virginia Beach, Virginia b. R-0087 $5,000.00 Donald L. and Carolyn H. Barnett, 936 Chalbourne Drive, Chesapeake, Virginia 2. Ordinance to AMEND and REORDAIN Chapter 10, Sections 10-1 and 10-2 of the Code of the City of Virginia Beach, Virginia, establishing two (2) new election districts: "Baker" (voting place: Heritage United Methodist Church) and "Landstown" (voting place: Landstown Community Church); and, changing the voting place for the "Sigma" Election District from the Sandbridge Fire Station to Tabernacle United Methodist Church. 3. Ordinance to TRANSFER $122,440 within various School Capital Improvement projects to meet funding needs for completion of projects at Tallwood and First Colonial High Schools. 4. Application for Annual Permit Renewal for private, municipal and non-profit organizations operating emergency medical services agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code: (1) Advanced Wheelchair Transport, Inc. (2) Chesapeake EMS (3) Children's Hospital of the King's Daughters (4) Eastern Medical Transport (5) Medical Transport, Inc. (6) Mercy/Tidewater Ambulance Service (7) Nightingale Air Ambulance (8) Norfolk Fire and Paramedical Services (9) Ocean Rentals LTD (10) United Ambulance Service, Inc. (11) Virginia Beach Lifesaving Service 5. Ordinance to authorize tax refunds in the amount of $2,086.46. J. UNFINISHED BUSINESS K. NEW BUSINESS 1. COUNCIL -SPONSORED ITEM: a. Ordinance to repeal the zoning of property in the name of MARGARET A. DRUMMOND (AG -2 to B-2, approved September 21,1987); and (AG -2 to 1-1, approved April 23, 1990) on the South side of Shipps Corner Road, 1300 feet more or less East of Holland Road, containing 21.7 acres (PRINCESS ANNE BOROUGH). (Sponsored by: Councilman John A. Baum) b. Resolution stating the City's endorsement of the concept adopted by the 1994 General Assembly for the funding of a cost -shared Federal Beach Nourishment or Hurricane Protection Project for the Sandbridge area; and, declaring the City's intent to become the local sponsor. (Sponsored by: Councilman Paul J. Lanteigne) C. VDOT/Mllitary Highway Widening Project Elizabeth River Shores Civic League (Sponsored by: Councilman John D. Moss) 2. ADJOURNMENT 6/2/94/cmd AGENDA\6-7-94.ITM Orly. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 7, 1994 Yce Mayor William D. SessOms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 7, 1994, at 2:35 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf [AT IENDING62NDANNUAL U.S CONFERENCE OF MAYORS MEETING IN PORTLAND, OREGON] INVOCATION: Reverend James E. Davis Police Chaplain PLEDGE OF ALLEGIA,VCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Banl� disclosed there were 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. The Yce 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. Ylce Mayor Sessoms' letter of June 7, 1994, is hereby made a part of the record. VICE MAYOR SESSOMS AND CITY COUNCIL MEMBERS JOHN A. BAUM, ROBERT W. CLYBURN AND LOUIS R JONES THE CITY MANAGER, THE CITY ATTORNEY, AND THE CITY CLERK WERE ATTENDING THE VIRGINIA RACING COMMISSION'S PUBLIC HEARING ON THE CHURCHILL DOWNS RACE TRACK IN RICHMOND. THEY ARRIVED AT 2:25 P.M. PRIOR TO THE CALL TO ORDER, A FILM PRODUCED BY DUKE UNIVERSITY WAS SHOWN ENTITLED, "THE BEACHES ARE MOVING ", AT 2:00 P.M. BY COUNCIL MEMBER DEAN WITH COUNCIL MEMBERS MOSS AND PARKER IN ATTENDANCE. , � � City of Virgiriia Beac IVyo� OF OUR NAS' 0 WILLIAM D. SESSOMS, JR. VICE MAYOR June 7, 1994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Dear Mrs. Smith: 809 GREENTREE ARCH VIRGINIA BEACH, VIRGINIA 23451 (804) 473-3926 In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the June 7, 1994, 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 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, wfi/�/ William D. Sessoms, Jr. Vice -Mayor WDS,Jr./dmc -2- CERTIFICATION OF ITEM # 38040 EXECUTIVE SESSION Certification was not necessary as no EXECUTIVE SESSION was held June 7, 1994 -3 - Item I -F.1. MINUTES ITEM # 38041 Upon motion by Councilman Branch, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 24, 1994. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent., Mayor Meyera E. Oberndorf June 7, 1994 -4 - Item I -G.1. COUNCIL COMMITTEE REPORT VIRGINIA BEACH ITEM # 38042 CRIME TASK FORCE Charles W. Gardner, Chairman, presented the RECOMMENDATIONS of the VIRGINIA BEACH CRIME TASK FORCE. Said report is hereby made a part of the record. Mr. Gardner introduced the Members in attendance: Martha Coles - representing the First Precinct Citizens Advisory and Edward Kreyling - representing the School Board. Mr. Gardner advised the following Recommendations: 1. The City Attorney's staff should be increased to make it possible for a prosecutor to be present at all DUI case. 2. A system should be implemented to enforce payment by those who have been ordered by the court to pay restitution. 3. The Police Department adopt and implement the "Use of Force" model developed by Dr. Franklin Graves of the Federal Enforcement Training Center and Dr. Gregory Connor of the University of Illinois Police Training Institute. 4. The criminal justice system requires an alternative to jails for incarcerating those who have been convicted and sentenced to serve time for non-violent crimes. 5. The Police Department should consider incorporating a career development program into its personnel structure. 6. The Probation and Parole Office needs volunteers and walkie- talkies or cellular phones. 7. Sentence first time offenders to at least a few days in jail, and/or require community service, a fine or make restitution. 8. The Court has expressed an interest in having a half -way type house facility available and suggested that the City's Task Force explore the possibility. There are such facilities available in the area now. 9. The Chief Magistrate, or his designee, be an integral participant in every Police Academy and available as necessary to keep officers up to date on changes in the law and/or procedures. 10. Immediate action be taken to provide the Magistrate with the proper software necessary to tie their computers directly to law enforcement. With regard to Recommendation 1, some progress has made. An additional attorney will be added to the City Attorney's staff to primarily handle the DUI cases. Virginia Beach apparently has the most rigid requirements to convict in DUI cases of any City in the State. The arresting police officers function as prosecutors and are thereby placed under an unfair burden. Too many cases are lost due to technicalities. No system exists to enforce court ordered financial restitution to victims. As a result, the victim must return to court to seek relief. The victim loses time, money, and effort; suffers frustration and aggravation; and often gives up. June 7, 1994 -5 - Item I -G.1. COUNCIL COMMITTEE REPORT VIRGINIA BEACH ITEM # 38042 (Continued) CRIME TASK FORCE The "Use of Force" model has been adopted by the F.B.I., D.E.A., Border Patrol, and other cities. Legally, it will provide more credibility because of its broader acceptance than a parochial system that is easier to challenge. This should make it considerably more difficult to make a case of brutality or abuse of force. The cost of jail construction and operation is extremely high. Not all persons who commit a crime and are sentenced to serve time need to be placed in a traditional jail with all of the security required in such a facility. Less secure facilities would well serve the same purpose at considerably less cost. The Police Department has an excellent training and promotion system in place. It could be improved by implementing a career development program that allows promotion within a given specialty. Each officer has his/her own unique abilities and interests. Some would be better suited to function on the street, as a detective, investigator, or instructor, etc. A system should allow police officers to advance in a specialty. Probation and Parole is another agency which is grossly overloaded Its caseload is almost double the state standards. The probation officers are handicapped by a lack of communication equipment. They have never felt the need for such equipment in the past; however, their work has become alarmingly more hazardous because they are dealing with those with a more violent nature than ever before. Offenders should be given the message that breaking the law is a serious matter that will not be tolerated and has significant consequences. They need to experience the cell door closing on them, be compelled to perform community service in public, or pay restitution. Several of the judges have suggested that we explore a half -way house where the Court could sentence (place) some short term and non-violent offenders. At these facilities, individuals could work, and be required to pay restitution and the cost of incarceration. They could also be required to attend drug and/or alcohol treatment or other types of necessary counseling. There are such facilities available in Norfolk; Newport News and Charlottesville, Virginia. They are privately owned and operated by Rehabilitation Services, Inc. Every officer should be trained to accurately provide the magistrate with all of the necessary facts in compliance with the legal requirements. There can be incorrect and undesirable decisions made by a magistrate, if the officer lacks the required information. Under the present procedure, a warrant issued may not get into the system for a matter of a few hours to as much as twenty four hours. In the interim, there is an obvious anger to society as no action can be taken to enforce the warrant. The missing link is software to tie the magistrate directly to law enforcement. The City Manager has requested the Police Chief and the Public Safety Mission Team to provide City Council with a Status Report on the aforementioned recommendations, as well as those encompassed in the Crime Task Force's Report of September 1993. Councilman Lanteigne provided a copy of the Virginia State Crime Commission Annual Report to the City Clerk and requested that she provide same to all members of the Virginia Beach Crime Task Force. June 7, 1994 RESOLUTION ITEM # 38043 Upon motion by Council Lady Parker, seconded by Councilman Clyburn, City Council ADOPTED: Resolution approving issuance of Revenue Bonds by the Development Authority for the YMCA of South Hampton Roads, in an amount not to exceed $1,200,000 to assist in the acquisition and renovation of a building to be used for a recreational facility for adults, youth and families at 5660 Indian River Road, pursuant to Section 15.1-1378.1 of the Code of Virginia of 1950, as amended. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Mayor Meyera E. Oberndorf June 7, 1994 RESOLUTION APPROVING ISSUANCE OF REVENUE BONDS FOR YMCA OF SOUTH HAMPTON ROADS WHEREAS, the City of Virginia Beach Development Authority (the Authority) has held a public hearing on May 17, 1994, with respect to the application of the YMCA of South Hampton Roads (the Company) for the issuance of the Authority's revenue bonds in an amount not to exceed $1,200,000 (the Bonds) to assist the Company in the acquisition and renovation of an approximately 24,000 square foot building to be used for a recreational facility for adults, youth and families located at 5660 Indian River Road in Virginia Beach, Virginia (such facility being hereinafter referred to as the Facility); and re WHEREAS, the Internal Revenue Code of 1986, as amended, provides that the highest elected governmental officials of the governmental units having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located shall approve the issuance of such bonds; WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, Virginia (the City), the Facility is located in the City and the members of the City Council of the City (the Council) constitute the highest elected governmental officials of the City; WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, provides that the Council shall within 60 calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; WHEREAS, the Authority has favorably considered the Company's application and a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Council, together with the Authority's recommendation that the Council approve the issuance of the Bonds; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1. The recitals made in the first preamble to this Resolution are hereby adopted as a part of this Resolution. 2. The City Council approves the issuance of the Bonds by the Authority to assist in the financing of all or any portion of the Facility for the benefit of the Company, to the extent required by the Internal Revenue Code of 1986, as amended (the Code), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code). 3. The approval of the issuance of the Bonds, as required by the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Company, but, as required by Chapter 643 of the Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys 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. 4. . In adopting this Resolution, the City, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from the Authority's failure to issue bonds for all or any portion of the Facility for any reason. 5. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day Of ,Tune , 1994. CA -5603 2 APPROVED AS TO LEGAL SUFFICIENCY (5) (If Deponent's interest in the Original is in a representative or fiduciary capacity, indicate below the designation of such capacity, i.e., Administrator, Executor, etc., and the title of the estate, as follows): Deponent is IIIA- of the estate of (Specify names of any other persons having an interest in the Original. List them below and indicate the nature of their interest, such as heir, legatee, etc.) NAME INTEREST (6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation and its agents to issue new securities in, or payment in lieu of, substitution for the Original. (7) Deponent agrees that if said Original should ever come into Deponent's hands, custody or power, Deponent will immediately and without consideration surrender Original to Issuing Corporation, its transfer agents or subscription agents for cancellation. <8)Signed, sealed and dated:_ 19' Sworn to and subscribed before me this day ofoU — 19�.LA 10 R� `V�Q :) 4Lt-c NOTARY PUBLIC (Affix Notarial Seal) My Commission expires: X I I ^') o I c\ L Sworn to and subscribed before �me this 0?n 3 day of !�' I 19. a �15�1.f 'O•CARY PUBLIC (Affl= Notarial Seal) My 0-3mmssion expires: II – to – � (v .. • N—ponent -7 - Item I- . CONSENT AGENDA ITEM # 38044 Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council APPROVED in ONE MOTION, Items 1, Z 4, and 5 of the CONSENT AGENDA. Item I-3. was pulled for a separate vote. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 7, 1994 IMM Item I-I.a.b. CONSENT AGENDA TEEM # 38045 Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED: Resolution authorizing the Director of Finance make payment on lost Minibonds, General Obligation Public Improvement Bonds, Series of 1991B, 1994 Maturity: R-0084 $5,000.00 Irene I. and Thomas G. Wood, 5392 Challedon Drive, Virginia Beach VA R-0087 $5,000.00 Donald L. and Carolyn H. Barnett, 936 Chalbourne Drive, Chesapeake VA Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 7, 1994 1 2 A RESOLUTION TO AUTHORIZE PAYMENT OF LOST MINIBOND 3 WHEREAS, the General Obligation Public Improvement Bonds, 4 Series of 1991B, 1994 maturity (Capital Appreciation Minibonds), 5 hereinafter "Minibonds," were issued in Registered form and were 6 not transferable or assignable pursuant to the authorizing 7 Resolution adopted by City Council on April 4, 1991, and the stated 8 terms on the Bonds; 9 WHEREAS, those Minibonds were all issued in denominations 10 of $500 or more and bearing 5.25% annual rate of interest, dated it May 29, 1991, and maturing May 29, 1994; 12 WHEREAS, Irene I. Wood and Thomas G. Wood of 5392 13 Challedon Drive, Virginia Beach, Virginia 23462-4143, have affirmed 14 that they are the sole legal and beneficial owners of certain of 15 the Minibonds, numbered R-0084 and valued at $5,000.00; 16 WHEREAS, Donald L. Barnett and Carolyn H. Barnett of 936 17 Chalbourne Drive, Chesapeake, Virginia 23320, have affirmed that 18 they are the sole legal and beneficial owners of certain of the 19 Minibonds, numbered R-0087 and valued at $5,000.00; 20 WHEREAS, the owners of each of these Minibonds have also 21 affirmed that the said securities have been lost or misplaced; 22 WHEREAS, each of these owners have complied with all 23 legal provisions to effect replacement of said security by 24 providing appropriate affidavits; and 25 WHEREAS, John T. Atkinson, City Treasurer, has determined 26 that because of the non -transferable nature of the Minibonds, no 27 indemnities shall be required. 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 That the Department of Finance, the Registrar on said 31 Minibonds, is directed to pay to each of said owners the value of 32 their respective Minibonds, Principal and Interest accrued, on the 33 date of maturity without the necessity of replacing the lost or 34 misplaced Minibond. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on the -Ltb_ day of 'June — 1 1994. 37 CA -5604 38 ORDIN\NONCODE\WOODBAR.RES 39 R-1 40 Prepared: 05/27/94 F, n=����/l EP��'S� %ZY M'Y ATTORNEY AFFIDAVIT OF LOSS STATE OF VIRGINIA ) ss. CITY/COUNTY OF Virginia Beach ) The undersigned (hereinafter called "Deponent"), being duly sworn, deposes and says that: (1) Deponent is an adult whose mailing address is and is the owner of or is acting in a representative or fiduciary capacity with respect to certain securities (describe type of security, identification number, and number of shares or face value): 1991B General Obligation Public Improvement Minibonds, Numbers(s) (Do 'f issued by City of Virginia Beach, Virginia (hereinafter called the "Issuing Corporation") and registered in the name _oof: s jyti Q� j W'Do r�- 4� `A O YrvLi/1 - t,-) O L7/`- ✓ �l t, %� J (2) Deponent further says that the aforesaid security or securities (hereinafter called the "(?ri al", whether one or more) have been lost, stolen, destroyed or misplaced under the following circumstances: (3) That said Original (f�not) endorsed. (If endorsed, describe form of endorsement and state whether signature was guaranteed.) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or recover same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitled to the full and exclusive possession thereof; that neither the Original not the rights of Deponent therein have, in whole or in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any manner whatsoever, and that no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting Original or the proceeds thereof, except as may be set forth .in Statement (5) following. (5) (If Deponent's interest in the Original is in a representative or fiduciary capacity, indicate below the designation of such capacity, i.e., Administrator, Executor, etc., and the title of the estate, as follows): Deponent is of the estate of (Specify names of any other persons having an interest in the Original. List them below and indicate the nature of their interest, such as heir, legatee, etc.) NAME INTEREST 44- (6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation and its agents to issue new securities in, or payment in lieu of, substitution for the Original. (7) Deponent agrees that if said Original should ever come into Deponent's hands, custody or power, Deponent will immediately and without consideration surrender Original to Issuing Corporation, its transfer agents or subscription agents for cancellation. (8) Signed, sealed and dated: A 19� Sworn to and subscribed before me this day of R 19 V � 7 Gee., NO Y PUBLIC (Affix otarial Seal) t�, Comm{stOfl E(,pzteg July 31, W-5 My Commission expires:- - Sworn to and subscyiped before me / 1 this 1601, day of �� 19 9 Ow NO Y PUBLIC (Affix Notarial Seal) My Commission expires: My CornmiWon Exp„ es July 33, i;�2i �!f� Signature of Deponent Signature of Deponent AFFIDAVIT OF LOSS STATE OF VIRGINIA ) Virginia Beach )SS. CITY/COUNTY OF ) The undersigned (hereinafter called "Deponent"), being duly sworn, deposes and says that: /I) Deponent is an adult whose mailing address is q3�e CH�i�aou.�' NE �2. Ghesa P�aK.�� V� . 233a --v and is the owner of or is acting in a representative or fiduciary capacity with respect to certain securities (describe type of security, identification number, and number of shares or face value): 1991B General Obligation Public Improvement Minibonds, Numbers(s) J � issued by Ciry of Virginia Beach, Virginia (hereinafter called the "Issuing Corporation") and registered in the name of: Po n a (d L. 6a-+ Ne- tr a n �. C 19p-ol y,v ff- /3arNe4-f-,1 ✓ % �,� b S ,/(2) Deponent further says that the aforesaid security or securities (hereinafter called the "Original", whether one or mor) have been lost, stolen, destroyed or misj laced nder the ollowing circumstances: n / C161�-�J �R t'J��il 6�f1t1AC (3) That said Origina (t' was not) endorsed. (If endorsed, describe form of endorsement and state whether signature was guaranteed.) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or recover same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitled to the full and exclusive possession thereof; that neither the Original not the rights of Deponent therein have, in whole or in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any manner whatsoever, and that no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting Original or the proceeds thereof, except as may be set forth in Statement (5) following. Item I -I2. CONSENT AGENDA ITEM # 38046 Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 10, Sections 0-1 and 10-2 of the Code of the City of Virginia Beach, Virginia, establishing two (2) new election districts: 'Baker" (voting place: Heritage United Methodist Church) and "Landstown" (voting place: Landstown Community Church); and, changing the voting place for the "Sigma" Election District from the Sandbridge Fire Station to Tabernacle United Methodist Church. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Mayor Meyera E. Oberndorf June 7, 1994 1 AN ORDINANCE TO AMEND AND REORDAIN 2 CHAPTER 10, SECTIONS 10-1 AND 10-2 3 OF THE CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO THE 5 ESTABLISHMENT OF ELECTION DISTRICTS 6 AND VOTING PLACES WITHIN THE CITY OF 7 VIRGINIA BEACH 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Chapter 10, Sections 10-1 and 10-2 of the Code of the 11 City of Virginia Beach, Virginia, are hereby amended and reordained 12 to read as follows: 13 14 15 16 17 18 Section 10-1. Establishment of election districts and voting places. There are hereby established in the City of Virginia Beach the following election districts and their respective voting places, as set forth below: 19 ELECTION DISTRICT VOTING PLACES 20 21 Alanton Alanton Elementary School 22 Aragona Bayside Middle School Grade 6 23 Arrowhead Arrowhead Elementary School 24 Baker Heritage United Methodist Church 25 Bayside Bayside Elementary School 26 Bellamy Indian Lakes Elementary School 27 Blackwater Blackwater Fire Station 28 Bonney Center for Effective Learning 29 Brandon Brandon Middle School 30 Cape Henry Research and Enlightenment Building 31 (Edgar Cayce Library) 32 Capps Shop P. A. Mosquito Control Building" 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 College Park College Park Elementary School 36 Courthouse Courthouse Fire Station 37 Creeds 38 Davis Corner 39 Fairfield 40 Forest 41 Glenwood 42 Great Neck 43 Green Run 44 Holland 45 Homestead 46 Kings Grant 47 Kingston 48 Lake Smith 49 Landstown 50 Larkspur 51 Linkhorn 52 53 Little Neck 54 London Bridge 55 Lynnhaven 56 Magic Hollow 57 Malibu 58 Meadows 59 Mt. Trashmore 60 North Beach 61 Oceana 62 Ocean Lakes 63 Ocean Park 64 Old Donation 65 Pembroke 66 Plaza 67 Point O' View 68 Providence 69 Red Wing 70 Salem 71 Seatack 72 Shannon Creeds Fire Station Bettie F. Williams Elementary School Fairfield Elementary School St. Nicholas Catholic Church Glenwood Elementary School Francis Asbury United Methodist Church Green Run Elementary School Holland Elementary School Providence Presbyterian Church Kings Grant Elementary School Kingston Elementary School Shelton Park Elementary School Landstown Community Church St. Andrews United Methodist Church The Evangelical Lutheran Church of the Good Shepherd St. Aidan's Episcopal Church London Bridge Baptist Church Lynnhaven Colony United Church of Christ Roma Lodge No. 254 Malibu Elementary School Pembroke Meadows Elementary School Windsor Woods Elementary School Galilee Episcopal Church Scott Memorial United Methodist Church Ocean Lakes Elementary School Bayside Christian Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Point 0' View Elementary School Kempsville Recreation Center Fire Training Center Salem Baptist Church Seatack Elementary School Church of the Ascension 2 73 Sherry Park St. Matthews Catholic Church 74 Sigma Gang e—Fire—St-atien 75 Tabernacle United Methodist Church 76 South Beach Virginia Beach Center for the Arts 77 Stratford Chase Providence Elementary School 78 Thalia Thalia Elementary School 79 Thoroughgood Independence Middle School 80 Timberlake White Oaks Elementary School 81 Trantwood Virginia Beach Christian Church ' 82 Windsor Oaks Windsor Oaks Elementary School 83 Witchduck Bayside Presbyterian Church 84 Wolfsnare Eastern Shore Chapel 85 Woodstock Avalon Church of Christ 86 Central Absentee Voter Agriculture/Voter Registrar 87 Election District Building 88 Section 10-2. Map of Election districts. 89 (a) The geographical boundaries of the election districts set 90 forth in section 10-1 are hereby established as delineated on a 91 certain map, revised 3992 1994, prepared by the planning staff of 92 the city and captioned "Election Districts," which map is hereby 93 approved. 94 (b) The clerk of the council shall endorse on the map 95 referred to in subsection (a) above the date of the council's 96 approval thereof and file the original map, with the minutes of the 97 meeting at which such map was approved, in the records of his 98 office, and shall cause exact copies thereof to be filed with the 99 general registrar of the city, the clerk of the circuit court and 100 the planning department. 101 This ordinance shall not be effective until approved by the 102 United States Attorney General under the Voting Rights Act of 1965. 103 Adopted by the Council of the City of Virginia Beach, Virginia 104 on the 7th day of June, 1994. APPRO AS O CONTENTS 105 CA -#5585 1 / ATURE 106 R-2 107 ORDIN\PROPOSED\ 10-001 .ORD DEP:% ; AD14T 108 MAY 23, 1994 APP ROVCD AS TO LEGAL 3 SUFFICIENCY AND FORM iLllu �, fin( CITY ATTORNEY I xi S imp MAI x PARK aa - Z . M. RUN 4 A RED w. WING V v 41 LAN 5Tl'W 14E" A , Z1. sl E CO&THOU E DF THE phi", COUNCIL Is )OL 'ER )OL )OL )OL (ON PA PPS ING SHC )OL 'ER ING BCH OL ON ON OL ,ni I y r - 13 SH o GIiF P� \ J q0 �FOgO � c SIGH J OONEI v \ irport n D _ Park Vi inia Truck qo — _ Eowl , P / 1 Cq US S / C 9yEB90 BY[ SAYSIOE flito �._—v 9L r PJ tVA I i z O ( \ O \S� P $�fA 4Vt OH SHEIIS S �% - s S ��•1.mu I \� � TJVf fCJ Cl \�4TJ � 11 HIIIOCK q qP �// ` l 00` P Ap}HO .-me: 1NESU �qC�•\` 5 P 0P / JE ?_ ` /1/ pR%f � D �! 4qF Hi° F \`r ✓q 1HJ \ / QP�yS N I f ALLake Wright Gom S City of Norfolk MO IAW LA 'qq LAI L11 3'A , \ - _ fN0MEPH = W \ 1 •' pp,\,HHIIE� j� 1l OB H` \CJ0 W R OU�� A C}t �� / �F (Y uR�MYI�}.C✓��S\ A v < v . 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IuI VA C\ a .Ill :-- — --- ---- --: _. — -_-VIR Center tal Elective 44 --` C Lealnill �� ��� \ Pahl t,fSS \� k• Y ` �v W IGH 1"0 a POLO�C S EN -_p0 _---_.\ ` �4 ` a CIEVELANO S �_ 'Ni 13AYsiii: 1101 0tfC;II � s� � T A NER NRE - �_SOU7EIER- filVIl._-.� _a fl - P ILII CT RFGC r4 0GI Gd_�_H[L_! �Wlaaa� LNA��O\ w'i= Fiew1 AO M 9YL� o 4 s� >^f+ .3'.Q � PSL 1 / t•P � PPS /�`l1 -10 - Item CONSENT AGENDA ITEM # 38047 Upon motion by Council Lady Parker, seconded by Councilman Moss, City Council DEFERRED TO JUNE 14, 1994, CITY COUNCIL SESSION: Ordinance to TRANSFER $122,440 within various School Capital Improvement projects to meet funding needs for completion of projects at Tallwood and First Colonial High Schools. Information will be provided relative the cost overruns: the $20,000 difference concerning the architectural/engineering costs for Tallwood and the additional $100,000 required for First Colonial. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent., Mayor Meyera E. Oberndorf Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife is currently employed by the City of Virginia Beach School Board as a Teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made apart of the record. June 7, 1994 Item I -I.4. CONSENT AGENDA ITEM # 38048 Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council APPROVED: Application for Annual Permit Renewal for private, municipal and non- profit organizations operating emergency medical services agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code: Advanced Wheelchair Transport, Inc. Chesapeake EMS Children's Hospital of the King's Daughters Eastern Medical Transport Medical Transport, Inc. MercylTidewater Ambulance Service Nightingale Air Ambulance Norfolk Fire and Paramedical Services Ocean Rentals LTD United Ambulance Service, Inc. Virginia Beach Lifesaving Service Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 7, 1994 -12 - Item I -L5. CONSENT AGENDA ITEM # 38049 Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $2,086.46 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Mayor Meyera E. Oberndorf June 7, 1994 -ORM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5/23/94 ESC That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Year Type of Tax Ticket Number Exonera- Date Penalty tion No. Paid Int. Total Elizabeth W Booker 94 RE(1/2) 11170-8 12/5/93 21.43 Joseph Smith 94 P,E(1/2) 109252-1 12/5/93 285.00 Regent International Corp 94 RE(1/2) 96527-9 12/5/93 1,179.90 Sykes, Carens & Bourdon 94 RE(1/2) 50028-0 11/18/93 3.73 Sykes, Carnes & Bourdon 94 RE(1/2) 50034-2 11/18/93 12.90 Navy Federal Credit Union 94 RE(12/) 28679-8 12/5/93 82.08 Carl G & Virginia Currence 94 RE(2/2) 26704-1 1/14/94 107.76 Jesse H Filhiol 94 RE(1/2) 37301-5 12/5/93 42.18 Allen G & Ann Richter 94 RE(1/2) 97790-7 12/5/93 83.67 Allen Richter & E Brown 94 RE(1/2) 97791-6 12/5/93 37.19 King David Properties 93 RE(2/2) 62753-7 9/9/93 41.12 King David Properties 93 RE(2/2) 62752-8 9/9/93 54.50 Margaret L Brown 89 PP 23497--5 4/18/94 50.00 TCS LCS Inc 94 Pkng Pmt 0111 5/13/94 15.00 Peter J Sandford N/A Pkng 424081 4/6/94 25.00 David March N/A Pkng 432891 5/9/94 15.00 George Cost N/A Pkng 432907 5/9/94 15.00 Sydney Beem N/A Pkng 432904 5/12/94 15.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,086.46 were approved by the Council of the City of Virginia Beach on the 7trday of June 1994 Ruth Hodges Smith City Clerk Total 4C rti ' as top me t; Jo T. At inson, T easurer Approved as to form: L sli . Lilley, Ci y A orne 2,086.46 -13 - Item I-1.1. UNFINISHED BUSINESS ITEM # 38050 ADD-ON Councilman Baum advised the City Staff met with Virginia Department of Transportation on Monday, June 6, 1994, and were advised PUBLIC HEARINGS re Southeastern Expressway will be SCHEDULED for August 1994. Upon motion by Councilman Baum, seconded by Councilman Branch, City Council DEFERRED INDEFINITELY: Public Hearing scheduled for June 14, 1994 City Council Session re Southeastern Expressway. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Mayor Meyera E. Oberndorf June 7, 1994 -14 - Item I-12. UNFINISHED BUSINESS ITEM # 38051 Councilman Moss referenced correspondence from Robert E. Fentress, Chairman - Tidewater Transportation District Commission, relative one more study on the Light Rail. The basic facts of Light Rail have not changed Federal Grant funds would be better expended on other sources. Councilman Moss will SCHEDULE a Resolution for the City Council Session of June 14, 1994, requesting TRT not pursue and expend Federal funds for an additional study for Light Rail. Vice Mayor Sessoms advised he will not be serving on the Tidewater Transportation District Commission after July 1, 1994. Vice Mayor Sessoms will be advising Mr. Fentress of same. Vice Mayor Sessoms believes this Commission will be utilizing funds already available. June 7, 1994 -15 - Item I -KI NEW BUSINESS ITEM # 38052 COUNCIL -SPONSORED ITEMS Attorney W. Edward Hudgins, Jr., 615 Lynnhaven Parkway, Phone; 463-1054 Upon motion by Councilman Baum, seconded by Councilman Jones, City Council ADOPTED: Ordinance to repeal the zoning of property in the name of MARGARET A. DRUMMOND (AG -2 to B -Z approved September 21, 1987); and (AG -2 to I-1, approved April 23, 1990) on the South side of Shipps Corner Road, 1300 feet more or less East of Holland Road, containing 21.7 acres (PRINCESS ANNE BOROUGH). (Sponsored by: Councilman John A. Baum) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Mayor Meyera E. Oberndorf June 7, 1994 1 Requested by Councilmember John Baum 2 AN ORDINANCE TO REPEAL ORDINANCES 3 APPROVING THE REZONING OF CERTAIN PROPERTY 4 IN THE NAME OF MARGARET A. DRUMMOND 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 WHEREAS, the City Council approved certain rezoning 8 applications pertaining to the property of Margaret A. Drummond as 9 follows: and on September 21, 1987 from AG -2 to B-2 (Ordinance No. 10 Z09871182); and on April 23, 1990 from AG -2 to I-1 (Ordinance No. it Z04901280); and 12 WHEREAS, due to conditions beyond the owner's control, 13 the development of the Drummond properties as proposed by the 14 rezonings has been frustrated; and 15 WHEREAS, the owner has requested and received the 16 approval of the City Council to rezone the property to the earlier 17 AG -1 classifications and has further requested that retroactive 18 effect be given to the repeal of the ordinances adopted, September 19 21, 1987, and April 23, 1990 whereby the property was rezoned to 20 the B-2 and I-1 classifications; and 21 WHEREAS, considering the effect of external circumstances 22 upon the proposed development of the Drummond property, the City 23 Council is of the opinion that the repeal of the ordinances should 24 be given retroactive effect. 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 That the ordinances adopted by the Virginia Beach City 28 Council on September 21, 1987, and April 23, 1990, whereby the 29 property in the name of Margaret A. Drummond (GPIN numbers 1495-27- 30 2004-0000 and 1495-37-3329-0000) was rezoned from AG -1 to B-2 and 31 I-1 are hereby repealed in their entirety and such repeal shall be 32 effective retroactively, and the Ordinances approving the rezoning 33 of the Drummond property to B-2 and I-1 shall be deemed void ab 34 initio. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on the 7th day of June , 1994. 37 GLF/rab 38 5/23/94 39 CA5571 40 (ordin\noncode\CA5571.ord) 2 -16 - Item I -K2 NEW BUSINESS ITEM # 38053 COUNCIL -SPONSORED ITEMS The following spoke in SUPPORT: Jean Sieber4 601 Sandbridge Road, Phone: 426-6200, represented the business community. Mrs. Siebert's statement is hereby made a part of the record. Molly Brown, 2232 Sandpiper Road, Phone: 721-5011, represented Sandbridge Beach Civic League. Admiral Dick Dunleavy, 2220 Sandpiper Road, Phone: 721-3644, President of the Sandbridge Oceanfront Property Owners Association The following spoke in OPPOSITION: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Chuck Traub, 784 Glasgow Court, Phone: 340-9056 Wally Erb, 150 Cayuge Road, Phone: 497-7451, opposed to a special tax district Maxine C. Graham, 3057 South Sandpiper Road A MOTION was made by Councilman Lanteigne, seconded by Councilman Branch to ADOPT a Resolution stating the City's endorsement of the concept adopted by the 1994 General Assembly for the funding of a cost -shared Federal Beach Nourishment or Hurricane Protection Project for the Sandbridge area; an4 declaring the City's intent to become the local sponsor. A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Councilman Dean to DENY* Resolution stating the City's endorsement of the concept adopted by the 1994 General Assembly for the funding of a cost -shared Federal Beach Nourishment or Hurricane Protection Project for the Sandbridge area; anal declaring the City's intent to become the local sponsor. (Sponsored by: Councilman Paul J. Lanteigne) Voting: 3-7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Robert K Dean, John D. Moss and Nancy K Parker Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Absent. Mayor Meyera E. Oberndorf June 7, 1994 -17 - NEW BUSINESS ITEM # 38053 (Continued) COUNCIL -SPONSORED ITEMS Upon motion by Councilman Lanteigne, seconded by Councilman Branch, City Council ADOPTED: Resolution stating the City's endorsement of the concept adopted by the 1994 General Assembly for the funding of a cost -shared Federal Beach Nourishment or Hurricane Protection Project for the Sandbridge area; and, declaring the City's intent to become the local sponsor. (Sponsored by: Councilman Paul J. Lanteigne) Voting: 7-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert K Dean, John D. Moss and Nancy K Parker Council Members Absent: Mayor Meyera E. Oberndorf Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is a Director of Resource Bank and has an ownership interest in the Bank which exceeds three (3) percent of the Bank's total equity, and that the Bank owns a parcel of oceanfront proeprty in the Sandbridge area. Councilman Jones declared he is able to participate in the transaction fairly, objectively, and in the public interest. Councilman Jones' letter of June 7, 1994, is hereby made a part of the record. June 7, 1994 Requested by: Councilmember Paul J. Lanteigne 1 A RESOLUTION STATING THE CITY'S 2 ENDORSEMENT OF THE CONCEPT ADOPTED 3 BY THE 1994 GENERAL ASSEMBLY FOR THE 4 FUNDING OF A COST -SHARED FEDERAL 5 BEACH NOURISHMENT OR HURRICANE 6 PROTECTION PROJECT FOR THE 7 SANDBRIDGE AREA AND DECLARING THE 8 CITY'S INTENT TO BECOME THE LOCAL 9 SPONSOR SUBJECT TO THE ESTABLISHMENT 10 OF FINANCING OF THE LOCAL SHARE OF 11 SUCH PROJECT THROUGH THE CREATION OF 12 A SPECIAL SERVICE DISTRICT IN THE 13 SANDBRIDGE AREA WITH THE CONSENT OF 14 A MAJORITY OF THE SANDBRIDGE 15 LANDOWNERS AND THE COMMONWEALTH'S 16 RETURN OF $2.8 MILLION OF THE 17 PURCHASE PRICE PAID BY THE CITY FOR 18 THE CAMP PENDLETON PROPERTY AND THE 19 DEDICATION BY OCEANFRONT LANDOWNERS 20 OF EASEMENTS OR OTHER CONVEYANCES 21 SUFFICIENT TO ENSURE A PUBLIC BEACH 22 ALONG THE ENTIRE PROJECT AREA; 23 DIRECTING STAFF TO SOLICIT CONSENT 24 OF SANDBRIDGE LANDOWNERS, TO RETURN 25 TO COUNCIL ON SEPTEMBER 27, 1994, 26 WITH PROPOSED ORDINANCES 27 IMPLEMENTING LOCAL FUNDING. 28 WHEREAS, the 1994 General Assembly of the Commonwealth of 29 Virginia, Senate Bill 449, has proposed to return $2.8 Million of 30 the purchase price of the Camp Pendleton property for support of a 31 cost -shared federal beach nourishment or hurricane protection 32 project for the Sandbridge area, provided the City agrees to serve 33 as the local sponsor of such federally -sponsored project and 34 establishes a special service district to provide the local share 35 of the costs of the project; 36 WHEREAS, the City Council desires to pursue the intent of this 37 legislation provided a majority of the landowners of Sandbridge 38 within the area to be designated as the special service district 39 for the purposes specified in the State legislation concur in the 40 collection of additional taxes from the property within the 41 proposed district to fund the local share of the project; 42 WHEREAS, the City Council recognizes that in order to 43 undertake a cost -shared federal beach nourishment or hurricane 44 protection project, the local sponsor must assure the Corps of 45 Engineers that a public beach exists prior to the execution of a 46 Local Cooperation Agreement for construction. 47 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH, VIRGINIA that it endorses the concept adopted by 49 the 1994 General Assembly for funding a federal beach nourishment 50 or hurricane protection project for the Sandbridge area and agrees 51 to be the local sponsor of the project subject to the following 52 conditions: 53 1. Creation of a special service district within the 54 Sandbridge area for the collection of an increased lodging tax and 55 an increased real estate tax and concurrence of a majority of the 56 landowners within such district to the collection of such 57 additional taxes within the district to fund the local share of the 58 project; 59 2. Receipt from the Commonwealth of Virginia of $2.8 Million 60 of the purchase price of the Camp Pendleton property. 61 3. Dedication by Sandbridge oceanfront landowners of 62 easements or other documents sufficient to ensure a public beach 63 along the entire project area; 64 AND BE IT FURTHER RESOLVED that upon the consent of a 65 majority of the landowners within the area proposed for 66 implementation of a special service district, the City Manager and 67 City Attorney are to return to Council on September 27, 1994, with 68 an ordinance establishing a Special Service District in Sandbridge, 69 which defines the boundaries of such district and sets an 70 additional lodging tax and real estate tax rate for properties 71 within the district, and ordinances setting up a funding mechanism 72 for the payment of the local share of a cost -shared federal beach 73 nourishment or hurricane protection project as provided herein. 74 Adopted by the Council of the City of Virginia Beach, 75 Virginia, on the 7th day of June , 199 4. 76 CA -5600 77 ORDIN\NONCODE\SANDBRDG 78 R-6 79 5-31-94 2 RENOURISHMENT SCHEDULES AND EXPENDITURES Initial nourishment of Sandbridge beach is estimated to be in Spring 1998. The initial nourishment and. subsequent renourishments will be cost shared on a federal -65% and city -35% basis.According to the Army Corps of Engineers' estimates, the cost of the initial nourishment will be between $8 and $9 million. For the purpose of this report, the $2.8 million returned from the State will satisfy the City's share of the initial nourishment costs. Future renourishment costs are estimated to be approximately $5 million per event, requiring approximately $1.8 million from the City. According to the Army Corps of Engineers, the worst case scenario assumes beach erosion due to storms and tidal activity has been above normal. Under this scenario, renourishment of Sandbridge beach could be required on a two-year cycle. The best case scenario assumes less beach erosion, and renourishment would be required every three years. A potentially "most likely", or mid -point scenario would require an alternating two-year and three-year renourishment cycle. All three alternatives are analyzed in this report. REVENUE SOURCES Special Service District Revenues. There are two potential sources of special service district revenues from Sandbridge -,.a surcharge on the real estate tax and a surcharge on the lodging tax. The FY 1994/95 real estate tax rate is $1.14 per $100 assessed valuation, and the FY 1994/95 lodging tax rate is $0.055 per $1.00 of lodging revenue collected. Real Estate Tax Surcharge. According to the Real Estate Assessor's Office, the FY 1994/95 estimated assessed value of privately owned real estate in Sandbridge is $195,502,378. Total taxes generated from this assessment are estimated at $2,228,727. Each additional $0.01 of taxes would generate $19,550 annually. Lodging Tax Surcharge. According to the Commissioner of Revenue's Office, lodging tax collections from Sandbridge in 1993 (taxes posted on a full calendar year basis) totaled $360,474. Each additional $.01 of lodging tax would generate an estimated $65,541 annually. City Share. The City will be benefitting from beach nourishment since City facilities and infrastructure will be further protected from erosion or storm damage. Providing a pay-as-you-go share to the special service district fund recognizes this benefit. According to the Public Works\Mapping Bureau, 25% of the total service district area is owned by the City. This includes such parcels as Little Island Park, Sandbridge Beach Parking Lot, the water tower, and all rights-of-way. TGIF Lodging Taxes. Currently, $.02 of the $.055 lodging taxes are dedicated to the Tourism Growth Investment Fund. Redirecting the revenue generated at Sandbridge from this dedicated tax recognizes the long-range benefit of beach nourishment to Sandbridge's lodging business. The $.02 dedicated to TGIF generated from Sandbridge lodging is $131,082 annually. Interest Earnings. All interest earned on deposits generated from special service district revenues are required to be used in the service district. This analysis assumes the special service district is established January 1, 1995, and revenues will be collected and accumulated prior to the first scheduled expenditure from the fund for renourishment. Interest earnings are calculated at 3% of the previous year's fund balance. FUTURE REVENUES Real Estate Tax Surchan! . No increase in real estate assesments at Sandbridge were programmed until the year following the initial beach noursihment, at which time assessments were increased by approximately 3.8%. The annual growth rate every year thereafter was calculated at 3%. Lodging Tax. While it is not possible to estimate the full impact of beach nourishment on Sandbridge's lodging industry, for this analysis, a 3% annual growth rate has been applied to the lodging tax surcharge and the TGIF lodging taxes, which is consistent with other forecasts. City Share. Any increase from either the real estate tax surcharge or the lodging tax surcharge will result in an increase from the City equal to 25% of the additional revenues. SCENARIOS The attached analysis forecasts revenues and expenditures for three scenarios over a fifty-year period. Each scenario is based on the same set of basic assumptions (see attached), the goal being to end the fifty- year period with a modest positive fund balance, and no negative fund balance in any single year. For each scenario the City's share is 25% of the real estate and lodging tax surcharge revenues. The $.02 TGIF lodging tax revenues are also included in each scenario. Scenario I. Renourishment would be required every three years, and is considered by the Army Corps of Engineers as the best case scenario. At the end of the 50 -year period, a $2.6 million fund balance is estimated. In order to fund this scenario, the following surcharge rates would be required: Real Estate Surcharge: $.06 Lodging Tax Surcharge: $.025 Scenario II. Renourishment would be required every two years, and is considered by the Army Corps of Engineers as the worst case scenario. At the end of the fifty-year period, a $1.2 million fund balance is estimated. In order to fund this scenario, the following surcharge rates would be required: Real Estate Surcharge: $.12 Lodging Tax Surcharge: $.04 Scenario III. Renourishment would be required on an alternating two and three year cycle. The first renourishment would be required three years after initial nourishment, then two years thereafter, and alternating throughout the period. At the end of the period, a fund balance of $2.4 million is estimated. In order to fund this scenario, the following surcharge rates would be required: Real Estate Surcharge: $.10 Lodging Tax Surcharge: $.025 9 CONCLUSIONS Based on the data available and the assumptions stated, implementation of a special service district at Sandbridge effective January 1, 1995, will likely insure the accumulation of sufficient revenues to meet long range needs for each of the three scenarios. If it is the pleasure of Council to proceed with a special service district, whichever scenario is chosen for initial implementation should be reviewed every five years for any adjustments in rates which might be needed. Submitted By: Department of Mangement and Budget Date: s/3, / Reviewed By: Cit M ager G Date: ✓ �'' 1 -I Attachments Assumptions Base Revenue Calculations Revenue/Expenditure Analysis Potential Sandbridge Special Service District Map cc: Jerald D. Banagan Robert P. Vaughan Ralph A. Smith SANDBRIDGE SPECIAL SERVICE DISTRICT ASSUMPTIONS The following assumptions provided the basis for the analysis: • All necessary legal requirements to establish a special service district have been met. • The boundaries of the special service district are north to Dam Neck Naval Facility, south to the wildlife refuge, and west to Back Bay. (See Attached Map.) • All necessary steps to establish a public beach have been accomplished. • The City, as a primary owner of real estate and infrastructure improvements in Sandbridge, should share in providing revenue to the fund. • The special service district will be created effective January 1, 1995. • The City will receive $2.8 million from the State, sufficient for the City's share of initial nourishment. • Initial nourishment of Sandbridge beach will be in the Spring of 1998. • The City's share of renourishment costs will be $1.8 million per event. • Inflation for renourishment costs is 3% per year. • Growth in lodging taxes is 3% per year. • Growth in real estate taxes is 3.8% the first year after initial nourishment, and 3% every year thereafter. q91 �C'jA`$�;��s OF OL'R Np�l�� Policy Report SANDBRIDGE SPECIAL SERVICE DISTRICT The purpose of this policy report is to provide information regarding the establishment of a special service district at Sandbridge and scenarios for funding a fifty-year beach nourishment program. BACKGROUND For a number of years the City of Virginia Beach has been investing in the preservation of its beaches. The Capital Improvement Program regularly provides for nourishment of the Resort Area and Ocean Park beaches. The CIP also provides for the Beach Erosion Control and Hurricane Protection Project. Recent General Assembly action has provided the impetus to review the potential for nourishment at Sandbridge. Senate Bill 449 of the 1994 Session of the General Assembly linked the City's purchase of property at Camp Pendleton to beach nourishment in Sandbridge. If the City were to become a local sponsor of beach nourishment at Sandbridge, and a special service district established, then the City, according to the 1994 Appropriation Act, would retain $2.8 million of the Camp Pendleton purchase price to be applied toward the initial beach nourishment costs. State Code Section 15.1-18.2 enables the City to create special service districts to provide more additional, more complete, or more timely services of government than are provided in the City as whole, and empowers the Council to utilize those revenues for beach and shoreline management and protection. A geographical area must be identified and assessed a tax which is in addition to taxes assessed in other areas of the City. The use of these funds must be directed to only the area in which the tax is levied. House Bill 881 of the 1992 Session of the General Assembly amended the above referenced State code section to enable the City to assess a surcharge on lodging taxes. Specifically, "...the city council shall have the power to impose a tax on the base transient room rentals, excluding hotels, motels, and travel campgrounds, within such service distract at a rate or percentage not higher than five percent which is in addition to any other transient room rental tax imposed by the city. the proceeds for such additional transient room rental tax shall be a special fund to be used only for the purpose of beach and shoreline management and restoration." 1+N OM O N V M CD N Mtto 40. W.M N O N N N C` tooLO '. s NCT` M Oy LOe N (1)(D N MaN u! 'q C7 h N N M M N N '.'NCf;N N " M O N (e) cm V elf". M 0Oc C14 N ^ ? 0 h .- NaP LU 04 v CD 0 00 it l"1 Of } c00 N C LU LO IV u W 04 coF.- r NW 4040 L� il= N r X000 Nu I W . 00 Q rt 0^0 d a N r r h M � IlD. MI19 COCY NN C CD S N S COD [MSS r N(< Y! 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JONES COUNCILMAN - BAYSIDE BOROUGH (804) 583-0177 City of Virginia Beech June 7, 1994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 1008 WITCH POINT TRAIL VIRGINIA BEACH, VIRGINIA 23455 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-63914(G), Code of Virginia, I make the following declaration: 1, The transaction for which I am executing this written disclosure is the City Council's discussion and vote on a resolution stating the City's endorsement of the concept adopted by the 1994 General Assembly for the funding of a cost -shared federal beach nourishment or hurricane protection project for the Sandbridge area. 2. The nature of my personal interest is that I am a director of Resource Bank, that I have an ownership interest in the Bank which exceeds three (3) percent of the Bank's total equity, and that the Bank owns a parcel of oceanfront property in the Sandbridge area. 3. The City Attorney has advised me that, in his opinion, since Resource Bank is owner of an oceanfront parcel in the Sandbridge area, and I have an Mrs. Ruth Hodges Smith _2_ June 7, 1994 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia ownership interest in the Bank, I am a member of a group, i. e. , other owners of oceanfront property in the Sandbridge area; the members of which will be similarly affected by the transaction. 4. I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in your official records. 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, Louis R. Joi LRJ/clb Enclosure (� Clty of Virgiriia Beat * � f �yo�99�s :5 e� rr �►.Or DOR NA��pH MUNICIPAL CENTER LESLIE L LILLEY VIRGINIA BEACH, VIRGINIA 23456-9004 CITY ATTORNEY (804) 427-4531 FAX (804) 426-5687 June 7, 1994 TDD (804) 427-4305 Councilmember Louis R. Jones Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilmember Jones: I am writing in response to your request for an opinion as to whether you may participate in City Council's discussionand vote on a resolution stating the City's endorsement of the concept adopted by the 1994 General Assembly for the funding of a cost- shared ostshared federal beach nourishment or hurricane protection project for the Sandbridge area. The resolution is scheduled for the June 7, 1994, meeting of City Council. 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 a resolution stating the City's endorsement of the concept adopted by the 1994 General Assembly for the funding of a cost -shared federal beach nourishment or hurricane protection project for the Sandbridge area as a result of your ownership interest in a business that owns a parcel of oceanfront property in the Sandbridge area. However, as a member of a group the members of which will be similarly affected by the transaction, you may participate in the transaction upon disclosure of your interest pursuant to Virginia Code § 2.1-639.14(G). I base the aforesaid conclusions on the following facts and discussion. FACTS PRESENTED: Your request for an advisory opinion is generated by City Council's discussion and vote on a resolution stating the City's endorsement of the concept adopted by the 1994 Councilmember Louis R. Jones -2- June 7, 199 Re: Request for Conflict of Interests Act Opinion General Assembly for the funding of a cost -shared federal beach nourishment or hurricane protection project for the Sandbridge area. You have advised that your concern and reason for requesting this opinion is that you are a director of Resource Bank ("Bank"), that you have an ownership interest in the Bank which exceeds three (3) percent of the total equity of the Bank, and that the Bank recently foreclosed on a parcel of oceanfront property in the Sandbridge area of the City. ISSUE: Are you precluded from participating in City Council's discussion and vote on a resolution stating the City's endorsement of the concept adopted by the 1994 General Assembly for the funding of a cost -shared federal beach nourishment or hurricane protection project for the Sandbridge area? DISCUSSION: I. Applicable Definitions of Section 2.1-639.1 A. The 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. B. You are an officer within the meaning of § 2.1-639.2 of the above -referenced 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 matter 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 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, 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. Councilmember Louis R. Jones _3_ June 7, 199 Re: Request for Conflict of Interests Act Opinion E. Section 2.1-639.2 defines a "personal interest in the transaction" 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 result ofllthe agency ons considering the a reasonably foreseeable direct or indirect benefit or detriment as transaction. ll. Annlication of Definitions A. Personal Interest You have a personal interest in Resource Bank total equity of the Bank. by virtue of your ownership interest in the Bank which exceeds three (3) percent of the B. Personal Interest in the Transaction In order to have a personal interest in the transaction, Resource Bank must be either the subject of the transaction or realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the transaction. Clearly, Resource Bank is not the subject of the transaction. However, the question of "reasonable foreseeability" remains. The resolution endorses the concept adopted by the 1994 General Assembly for funding of a federal beach nourishment or hurricane protection project for the Sandbridge area, and agrees for the City to be the local sponsor of the project subject to certain designated conditions which include, inter t of dd creation taxes, andcial service district the dedication, y within the Sandbridge area for the collection f Sandbridge oceanfront landowners, of easements or other documents sufficient to ensure a public beach along the entire project area. Therefore, I conclude that it is reasonably foreseeable that the Bank, as owner of an oceanfront parcel in the Sandbridge area, would realize a direct or indirect benefit or detriment as a result of Council's consideration of the resolution. The resolution, however, does not apply solely to Resource Bank. Since the Bank owns an oceanfront parcel in the Sandbridge area, and you have an ownership interest in the Bank, you are a member of a group, i.e., other owners of oceanfront property in the Sandbridge area, the members of which will be similarly affected by any action the Council takes with respect to the resolution. Therefore, it is my opinion that you may participate in City Council's discussion and vote on the resolution provided you comply with the disclosure requirements of § 2.1-639.14(G) of the Act. Councilmember Louis R. Jones -4- June 7, 199 Re: Request for Conflict of Interests Act Opinion III. Disclosure Requirements Based on the opinion that you may participate in City Council's discussion and vote on the resolution upon disclosure of your personal interest, such disclosure must include a declaration that you are able to participate in the transaction fairly, objectively, and in the public interest. A proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of City Council, or you may file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five (5) years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearances of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in the transaction after disclosure. However, if you are concerned that participating in the transaction, even after disclosure, creates an unacceptable appearance, you may abstain from voting under § 2.1- 639.14(E) provided that you first disclose your interest in the transaction. I have also enclosed a proposed abstention letter which complies with § 2.1-639.14(E). Please contact me should you desire any additional information. Very truly yours, Os L.Lille City Attorney LLL/RMB/clb Enclosure 7 Seen and Concurred: RI rt J. Hu ey Commonwealth's AtttKn y -18- F NEW BUSINESS ITEM # 38054 COUNCIL -SPONSORED ITEMS The following registered in SUPPORT of moving the traffic light and entrances at Elizabeth River Shores: Mills Johnson, 413 South Military Highway, Phone: 420-1513, represented the Elizabeth River Shores Civic League, owner of the residence at the north entrance John M. Sadler, Jr., 505 South Military Highway, Phone: 420-0961, President - Elizabeth River Shores Civic League Roger Stanus, 3525 North Crestline, Phone: 424-5622, June Thurston, 3456 South Crestline Drive, Phone: 420-2135 Cheri Anne Dewberry, 3530 Sale Drive, Phone: 420-3742, President - Elizabeth River Shores Garden Club. The following registered in OPPOSITION: Carl T. Wells, Jr., 400 South Military Highway, Phone: 420-1130, General Manager - Wayside Motor Inn The residents advised when the community was designed, a serious mistake was made in the placement of the only two entrances. They were not put at the two streets that are perpendicular to Military Highway. Instead the openings face the homes located there. The residents are requesting that the north entrance, with the traffic light be moved south only a distance of four houses to Brockman Avenue and the south entrance be moved to the north only a distance of four houses to Dyer Place. The Military Highway Widening Project adversely affected the neighborhood The Plans were introduced to the homeowners in 1992 and called for the entrances to be moved. Since then the plans have been changed numerous times and without notice to the property owners. Petitions in SUPPORT of moving the entrances to Dyer and Brockman are hereby made a part of the record. Ralph Smith, Director of Public Works, and John Herzke, City Engineer, reviewed the current plan with the use of plats. As a result of this issue, a new policy has been adopted regarding any significant change in a community will require written notification by City Staff. Because of the cost, the request is 5 -years after the fact and safety issues, the City Staff has determined the best location of the light is the one proposed by the State. BY CONSENSUS, City Council INSTRUCTED STAFF to meet with citizens and businesses; and, present report to Council re: VDOT/Military Highway Widening Project Elizabeth River Shores Civic League (Sponsored by: Councilman John D. Moss) June 7, 1994 -19 - Item I -K4 NEW BUSINESS ITEM # 38055 COUNCIL -SPONSORED ITEMS The following expressed concerns re proposed landscape ordinance scheduled for the City Council Session of June 14, 1994. The Committee has not had the opportunity to examine the proposed Ordinance: Johnnie S Miller, 4750 Post Oak Drive, Phone: 467-1549, represented the Virginia Beach Beautification Commission Robin Barefield, 2570 Oceanshore Avenue, Phone: 481-1974 BY CONSENSUS, City Council requested the Landscape Ordinance SCHEDULED for the City Council Session of June 14, 1994, be DEFERRED FOR A FUTURE CITY COUNCIL SESSION. THE VIRGINL4 BEACH BEAUTIFICATION COMMISSION Concerns re: The Landscape Ordinance (Members of the Commission to be sponsored by Council Lady Parker) June 7, 1994 -20 - Item I -K5 NEW BUSINESS ITEM # 38056 ADD-ON Vice Mayor Sessoms distributed Performance Evaluation Forms for each City Council Appointee to be completed by Members of City Council and returned to the Mayor or Vice Mayor by June 14, 1994. June 7, 1994 -21 - Item I -K 6 NEW BUSINESS ITEM # 38057 I►171��I Vice Mayor Sessoms requested the City Manager SCHEDULE for the City Council Session of June 14, 1994, John Atkinson, City Treasurer, to brief City Council on the process of billing Personal Property Taxes. Vice Mayor Sessoms has had numerous requests for flexibility on the payment of the Personal Property Taxes. June 7, 1994 Fl�"t�l� ADJOURNMENT -22 - ITEM # 38058 Vice Mayor Sessoms DECLARED the Meeting ADJOURNED at 5.45 P.M.. - -------------- Beverly O. Hooks, CMC Chief Deputy City Clerk th Hodges Smith, CMC/AAE City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Vice Mayor Meyera E. Oberndorf Mayor June 7, 1994