HomeMy WebLinkAboutMARCH 24, 1998 MINUTES
City of Virginia Beach
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 Borough
WILLIAM W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
REBA S. McCLANAN, Princess Anne Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
CITY COUNCIL AGENDA CITY HALL BUILDING
JAMES K. SPORE, City Manager 2801 COURTHOUSE DRIVE
LESLIE L. LILLEY, City Attorney VIRGINIA BEACH, VIRGINIA 23456-9005
RUTH HODGES SMITH, CMC/AAE, City Clerk
March 24, 1998
I. PRESENTATION: - Conference Room - 3:00 PM
A. SCHOOL RENOVATION PROGRAM
Dr. E. E. Brickell, Chairman, Independent Review Committee
II. CITY MANAGER'S BRIEFING:
A. LIFEGUARD CONTRACT
Bruce W. Edwards, Director, Emergency Medical Services
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL CONCERNS
V. INFORMAL SESSION - Conference Room - 4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VI. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: The Reverend Robert Lundquist
GHood Samaritan Episcopal Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS March 10, 1998
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and considered
in the ordinary course of business by City Council to be enacted by one motion.
I. RESOLUTIONS
1. Resolution re bond issuance and sale:
a. General Obligation Public Improvement $165,000,000
and Refunding Bonds, Series of 1998
2. Resolution re bond issuance for YMCA facilities throughout Virginia:
a. Industrial Development and Revenue Bonds $ 14,300,000
City of Alexandria
3. Resolution to authorize the City Manager submit a $42,989.00 Grant Application and enter
into the necessary agreements in response to an RFP from the Chesapeake Bay Local
Assistance Board re Phase II of the regulations regarding Comprehensive Plans, local
program implementation and refinement of GIS information for local mapping assistance.
4. Resolutions re Virginia Department of Transportation (VDOT) for urban maintenance:
a. Request acceptance of an additional eligible 38.52 lane miles of streets beginning
July 1, 1998
b. Request acceptance of corrections to the Revised Road Inventory, deleting 10.34
lane miles of streets from the Urban Street Inventory
J. PUBLIC HEARING
GREAT NECK DISTRICT PARK 11.77 Acres (Lynnhaven Borough)
Renewal of Lease on City-Owned Property
K. ORDINANCES
1. Ordinance re a five-year lease renewal on an 11.77 acre parcel of City-owned property in
Great Neck District Park to GNBL, Inc. (formerly known as Great Neck Baseball
League), including alterations, improvements and additions to the premises requested by the
lessee; and, authorize the City Manager to execute all documents (L AVEN
BOROUGH).
2. Ordinance to AMEND Sections 18-16 and 18-29 of the City Code re Business Licenses by
establishing one rate of interest for delinquent business license taxes, simplifying audit
provisions and increasing the penalty for failing to appear or supply records necessary for
audits. (Deferred: March 10, 1998)
3. Ordinance to authorize a temporary encroachment into a portion of an existing ten-foot
City drainage easement at 1652 Spring House Trail by Ben D. and M. Diann Cook re
construction and maintenance of a driveway and interceptor, retaining wall and fill
(BAYSIDE BOROUGH).
4. Ordinance to AMEND Ordinance No. 95-2353K adopted November 14, 1995, (modifying
scope and location), which authorized acquisition of property in fee simple with temporary
and permanent easements, either by agreement or condemnation, for Sandbridge Sanitary
Sewer Improvements Project (CIP 6-931).
5. Ordinance to establish the Public Investment Protection Strategy Fund to provide a
revenue source for property purchases with strategic impact potential; the source of Fund
revenue being non-previously designated net proceeds from lease and sale of City property;
the City Manager to appoint a committee to make recommendations re acquisition of
property and provide Council with a report re PIPS Fund activities.
6 . Ordinance to establish the School Communication Tower Technology Special Revenue
Fund into which shall be deposited all revenue generated by the School Board from lease
of school property for communication tower sites, to be used to acquire new technology
and/or upgrade existing equipment, e.g., computers, etc.; and, this revenue shall be in
addition to funds appropriated to the School's annual operating and capital budgets.
7 . Ordinances re Franchises for Lifeguard and Beach Equipment Rental Services in the
Resort Area, 57th Street and Sandbridge:
a. Mariner Associates 05/01/98 - 12/31/04 57th Street Beach Area
b. Ocean Rentals, Ltd. 05/01/98 - 12/31/02 Sandbridge Area Beaches
C. Virginia Beach 05/01/98 - 12/31/04 Resort Area Beaches
Life-Saving Service, Inc.
8. License Refunds: $50,689.06
Tax Refunds: $14,105.68
L. PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. Application of ATLANTIC SHORES RETIREMENT COMMUNITY, LLC, for the
modification of conditions placed on the March 12, 1990 approved Conditional Use Permit
for a retirement community at 1200 Atlantic Shores Drive, adding 213 units for a total of
760 (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
2. Application of SPRINT, P.C.S., for a Conditional Use Permit for a wireless communication
cell tower 960 feet more or less West of the intersection of Dam Neck Station Road and
General Booth Boulevard (1525 General Booth Boulevard), containing 5.490 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
3. Application of LAZER BALL TECHNOLOGIES, LLC, for a Conditional Use Permit
for a commercial recreational lazer ball facility on Space J1, Lynnhaven Mall (701
Lynnhaven Parkway), containing 4031 square feet (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
4. Applications of OCEAN INVESTORS, LLC, on the East side of Great Neck Road,
beginning 123.64 feet South of Dey Cove Drive, containing 77.510 acres (LYNNHAVEN
BOROUGH).
a. Change of Zoning District Classification from R-20 Residential District to
Conditional R-15 Residential District
b. Conditional Use Permit for an open space promotion.
Recommendation: APPROVAL
5. Application of FERRELL PARKWAY ASSOCIATES, INC., for a Change of Zoning
District Classification from O-2 Office District to Conditional B-1A Limited Community
Business District on the West side of General Booth Boulevard, beginning 170 feet more or
less North of Ferrell Parkway, containing 1.4 acres (PRINCESS ANNE BOROUGH).
Recommendation: DENIAL
M. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PERSONNEL BOARD
THE PLANNING COUNCIL
VIRGINIA BEACH CRIME TASK FORCE
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
FY 1998-1999 OPERATING BUDGET & CAPITAL IMPROVENTENT PROGRAM SCHEDULE
EVENT DATE TIME PLACE
Budget & CIP Presentation Tuesday, March 31 Noon Council Chamber
(Special Meeting)
Council Workshop Thursday, April 2 3:00 PM - 5:00 PM Conference Room
Council Workshop Tuesday, April 7 10:00 AM - Noon Conference Room
Council Workshop Tuesday, April 14 10:00 AM - Noon Conference Room
Public Hearing Thursday, April 16 7:00 PM Larkspur Middle School
Council Workshop Tuesday, April 21 3:00 PM - 5:00 PM Conference Room
Council Workshop Tuesday, April 28 2:00 PM - 4:00 PM Conference Room
Public Hearing Tuesday, April 28 6:00 PM City Council Chamber
Election Day - No Council Meeting Tuesday, May 5
Reconciliation Workshop Wednesday, May 6 3:00 PM - 5:00 PM Conference Room
Adopt Budget & CIP Tuesday, May 12 2:00 PM City Council Chamber
CITY COUNCIL CEREMONIAL OATH and REORGANIZATION
2:00 PM
Tuesday, July 7,1998 - 2:00 PM
City Council Chamber
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFVICE at 4274303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
03/18/98CMD
AGENDA\02-24-98.PLN
@w virginia-beach.va.us
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 24, 1998
Mayor Meyera E. Oberndorf called to order the SCHOOL RENOVATION PROGRAM PPESENTATION
in the Council Chamber, City Hall Building, on March 24, 1998, at 3:00 P.M.
(council Members Present,
John A. Baum, Linwood 0. Branch, III, Harold Heischober,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E Oberndorf , Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
('ouncil Members Absent:
William W. Harrison, Jr. [ENTERED: 3:0 7 P. M]
School Board Members Present:
D. A. Ablowich, Donald F. Bennis, Nancy Dahlman Guy, Timothy
Jackson, H. L. Powell, Jr., Neil L. Rose, Arthur 7homas Tate and
Rosemary A. Wilson
School Board Members Absent.
Chairman Robert F. Hagans, Jr., Daniel Arris and Delceno C.
Miles
- 2 -
PPESENTATION
SCHOOL RENOVATION PROGRAM
3:00 P.M.
ITEM # 43354
Dr. E. E. Brickell, Chairman - Independent Review Committee, introduced members of the Independent
Review Committee. Dr. Fred Bateman was Superintendent of Schools in the City of Chesapeake for
approximately fifteen (15) years and thus very familiar with the elements of school construction. Reverend
E. Ray Cox has been a resident of this Community for 30 years. Reverend Cox has had recent construction
in an entirely different area. Robert W. Lyons, Executive Director - Builders and Contractors Exchange, Inc.,
provided the Committee with the expertise in construction history and vital facts and cost figures. Dr. Elaine
P. Witty has been the Dean of Education at Norfolk State University for many years and especially familiar
with matters of Elementary curriculum. This University certifies elementary school teachers locally. Dr.
Witty has also been the Acting Dean for Economic Affairs for several weeks.
Dr. Brickell distributed a copy of the EXECUTIVE SUMMARY, which is hereby made apart of the record.
The GOALS of the School Board seemed clear to the Committee:
To extend the usable life of each school by a minimum of twenty-
five years.
As much as possible and feasible, to bring each of the seven
schools to the physical standards of the Board's "prototype"
elementary school (Christopher Farms).
To ensure the safety and physical well-being of students by
following State Department of Education recommendations in
matters of health and safety and in providing space suggested as
sufficient to meet programmatic needs.
As the Committee worked through the study as requested, it became apparent several major and related
questions required answers if reasonable conclusions were to be drawn concerning the appropriateness and
reasonableness of the School Board's proposals. These questions follow and are addressed in the body of
the report:
Are the goals of the proposed appropriate, realistic and
realizable?
Was the research and planning that supports the proposal
carried out in a thorough and professional manner?
Are additional space requests appropriate for the projected
enrollment and program needs?
Are costprojections supported by current actual costs trends?
What factors were considered during the building analysis to
determine whether to modernize an older school or to construct
a new one?
Can projected modernization costs for the seven schools in
question be applied to the eleven schools now being studied?
The School Board has set for itself a moving target, since programmatic and other changes are as inevitable
in the next few years as they have been in the past. Given the ever-evolving nature of education, there can
be no final solution in school facility construction, a fact that should be recognized by all.
March 24, 1998
- 3 -
PRESENTATION
SCHOOL RENOVATION PROGRAM
ITEM # 43354 (Continued)
The Commonwealth no longer issues mandates on school construction; there are no requirements, only
recommendations, of the State Department of Education, leaving the local School Board free to make its
own determination of what best meets the needs of its students, consistent with the community's educational
desires and coupled with its ability and willingness to pay. An inevitable question that arises with the
expenditure of tax funds for school construction or programs is how that expenditure will affect student
learning. This question is implicit in the Board's proposals, and there is the common sense expectation that
the modernization of the seven schools will indeed furnish additional opportunities for enhanced teaching
and learning. There are, however, many factors, both inside and outside the school setting, that influence
student academic performance. Attending a safe, comfortable school with all the educational amenities
available is just one of those factors.
It is apparent that the School staff went to great lengths to furnish opportunities for school administrators,
faculty and community members - School patrons and others-- to be involved in the research and planning
that led to the final Board proposal. Also utilized were central office personnel, architectural experts and
engineers. A member of the City budget office attended all meetings of the School committee, which was
comprised of a cross-section of interested and affected parties. The staff utilized the Appraisal Guide for
School Facilities, a nationally-recognized format provided by the Council of Educational Facility Planners
International, as an evaluative tool that became the basis for most recommendations made by the staff about
the physical facility itself and the site on which it is located. The utilization of the same person to apply the
Guide in all seven schools does lend consistency to the results of the appraisals. With the evaluation of the
physical facility and its environs, the educational program was studied and space needs addressed. Here
State mandates and programmatic changes of the past few years were taken into consideration, and a series
of recommendations were made by the School Committee.
Individually, and as a Committee, the Independent Review Committee devoted more actual time to the
examination of the estimated costs of the proposal than to any other single question. The Committee's
approach was to study carefully the cost estimate provided by School staff, collect and review other data on
construction cost generally, and attempt to conclude if the local projects were reasonable and effectively
essential. Construction costs are subject to a number of variable factors, many of them out of the control of
the affected agency, in this case, of course, the School Board. Among the shifting sands of contractor bid
submission lie many influences; flexible cost of materials (lumber prices have escalated recently),
availability of competent sub-contractors (for example, masons have long been in short supply), the amount
of construction work ongoing in the area (on occasion, Hampton Roads has seen governmental work take
most of the labor force here), and others that change from time to time depending on market forces at play.
There are no reliable data on modernization cost experiences, since most school systems have been busily
adding to the number of schools, rather than renewing or renovating existing schools. Some of the latter has
been done in Fairfax County, bust cost comparisons between Virginia Beach and that area are of little value,
given the vastly different economies of the two areas.
The Committee believes staff cost estimates are somewhat, but perhaps not overly, liberal and consequently
should be sufficient to meet both expected and unexpected circumstances. The most cursory inspection of
the schools under study will reveal the need for physical improvement, as even the casual visitor will be
aware. The extent of these improvements in each case, therefore, becomes a matter for the School Board,
supported by City Council, to decide. The committee believes the decision to replace W. T. Cooke
Elementary School was a wise and judicious one. With that in mind, and aware of the multitudinous
ramifications, the Independent Review Committee respectfully requests the School Board reconsider
Bayside Elementary School, with a view toward replacement rather than modernization. The school staff
has estimated a cost differential of approximately $3-MILLION in facility replacement versus
modernization, as is usual, andprobably appropriately, the estimates are somewhat liberal, in the view of
the committee. Also, as previously noted, there may well exist within the current proposal some additional
funds from the porposed revision of the computer installation plan. It is entirely possible these funds could
be utilized on the Bayside project to cover the difference in cost between replacement and modernization.
Even a very conservative estimate of funds that could be made available would exceed $3-MILLION. There
is always the problem of relocating students while new construction is underway. It is the belief of the
committee, however forged from experience and history, that school patrons and students are very
adaptable to temporary difficulties if there is the clear promise and expectation of a better future.
March 24, 1998
4 -
PPESENTATION
SCHOOL RENOVATION PROGRAM
ITEM# 43354 (Continued)
The Independent Review Committee considered if projected costs for the modernization of the seven
schools under study could be applied with some degree of accuracy to the eleven elementary schools now
being considered for similar treatment. With the exception of KEMPSVILLE Elementary, which was built
the same year as Luxford, but of substantially different construction, the schools are newer than those in the
first seven. Nine of the eleven schools are built from basically the same architectural plan, providing
commonalties that simply do not exist in the seven being reviewed by the Committee, which, as noted, do not
resemble each other in any respect.
The Committee recognizes the risk of long-term projecting of school modernization costs. It will hazard to
guess the actual cost of the modernizations will be at least ten percent less than the currently estimated $ 70-
MILLION, barring unforeseen circumstances or significant changes in the planned modernizations. The
Committee believed a Referendum should be SCHEDULED for the November 1998 Ballot.
Mayor Oberndorf expressed appreciation to the Members of the Independent Review Committee for their
professional and responsible assessment.
March 24, 1998
I
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I
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I
t
I REPORT OF THE
INDEPENDENT REVIEW COMMITTEE
I
I
a
I
MARCH 9, 1998
1
1
March 4, 1998
The Honorable Meyera E. Oberndorf
Mayor, City of Virginia Beach
City Hall Building
Municipal Center
Virginia Beach, Virginia 23462
Dear Mayor Oberndorf:
The Independent Review Committee appointed by Council has
its analysis of the 1997 proposed school bond referendum and respectfully
submits herewith the report of the committee.
If there are any questions concerning the report, please do not hesitate to
lot us know.
We thank you for affording us the opportunity to serve.
Dr. C. Fred Bateman
Rev. E. Ray Cox, Sr.
Mr. Robert W. Lyons
Dr. Elaine P. Wifty
Dr. E.E. Brickell
Chairman
EXECUTIVE SUMMARY
The Independent Review Committee (IRC, the committee) devoted well
over three hundred man-hours to a comprehensive analysis and study of
the School Bond Referendum Proposal adopted by the School Board on
August 5, 1997. During its study, the committee heard presentations from
informed school and city personnel and discussed the proposal with a
number of persons who have knowledge of school construction and related
matters but who are not directly involved with the proposal. Individual
committee members also provided data, construction experience, and
research material.
The committee believes that the research and planning that support the
proposal were conducted in a professional manner and that the additional
space requirements requested in the proposal are appropriate in the
context of the School Board's acceptance of Virginia State Board of
Education recommendations on classroom size and school space. It was
further noted that these are recommendations and not requirements, and
the committee reminds all concerned that established space needs can
become a moving target, as programmatic and other changes are almost
certain to evolve.
While noting that costs of school construction vary greatly from time to time
and are dependent upon the type, style, and manner of construction as well
as timing, the committee believes that the estimates in the proposal,
though somewhat on the liberal side, generally can be supported by current
cost trends.
-1-
The committee is aware of the difficulty of determining whether to
modernize an old building or to replace it with a new facility. In one
instance, that of Bayside Elementary School, it is believed that a case for
replacement rather than modernization can and should be made. It is
suggested that sufficient funds for replacement can be found within the
current proposal, looking at certain changes made in school system plans
and reviewing carefully present cost estimates.
The committee understands that there was a relatively brief time previously
available for the School Board's proposal review and understands the
reasons for this compressed period. Now that time is not the factor it was
before, it is suggested that the Board analyze very carefully the projected
costs in the proposal with a view toward possible reductions in the funds
needed.
The IRC is of the opinion that costs estimated for modernization of eleven
other elementary facilities currently under study will be lower than now
believed. It is felt that costs will be at least ten percent less than presently
anticipated, barring significant changes in the economy or in the proposed
construction in each of the eleven projects cited.
-2-
REPORT OF THE INDEPENDENT REVIEW COMMITTEE
The Independent Review Committee ([RC) was appointed by City Council on
October 7, 1997, to conduct a comprehensive review of the proposal of the
School Board to modernize seven older elementary schools in the division. As
stated in the official letter of appointment, the Independent Review Committee
was charged with ensuring that "the scope and cost of the
renovation/reconstruction projects are essential and sustainable within
educational needs and resources."
Conversations with City officials also made clear their need to ascertain to what
extent modernization costs for the seven schools being reviewed might be
related to projected costs on eleven other elementary schools currently under
study.
Understandably, the initial concern of the IRC has been those proposed actions
that relate directly to the physical safety of children, followed closely by those
that might influence student health in a negative fashion.
Educational and construction standards and requirements, like much in our time,
are constantly changing; the IRC is attuned to those changes and has
considered them carefully in reviewing the Board's proposals.
Finally, the committee has been particularly interested in ascertaining to what
extent the proposed projects will offer additional opportunities for the
improvement of student learning. While no claim legitimately can be made that
a more modern school building will guarantee a higher level of academic
-I-
achievement, it is important to note that enhanced opportunity for such does
exist in better, more up-to-date facilities. Obviously, it is left to building
administrators, and especially classroom teachers, to make the most of these
opportunities, as the committee is confident they will.
In fine, it has been the intent of the IRC to make a thorough review of all the
factors that go into school modernization and construction in order to provide
City Council, the School Board, and the citizens of Virginia Beach with an
objective determination of the reasonableness of the proposals, coupled with
regard for safety, health, and educational objectives. Although the IRC has
some recommendations to offer, it is acutely aware that the School Board has
the ultimate responsibility and authority to decide the education program for
Virginia Beach, while City Council has the decision-making responsibility in the
funding of that program.
Both the Board and Council bear the major (and often heavy) responsibilities in
educating the children of Virginia Beach. When final determinations are made
as to the best, most effective, and most efficient way to meet the established
goals and objectives put forth by these two bodies, the [RC believes that it
behooves the people of the city to support them in every way possible.
As the committee worked through the study as requested, it became apparent
that several major and related questions required answers if reasonable
conclusions were to be drawn concerning the appropriateness and
reasonableness of the School Board's proposals. These questions follow and
are addressed in the body of the report.
-2-
1. Are the goals of the proposal appropriate, realistic, and realizable?
2. Was the research and planning that supports the proposal carried out in a
thorough and professional manner?
3. Are additional space requests appropriate for the projected enrollment
and program needs?
4. Are cost projections supported by current actual costs trends?
5. What factors were considered during the building analysis to determine
whether to modernize an older school or to construct a new one?
6. Can projected modernization costs for the seven schools in question be
applied to the eleven schools now being studied?
METHODOLOGY AND PROCEDURES OF THE REVIEW
In discharging the responsibilities inherent in its appointment, the Independent
Review Committee (IRC, the committee) conducted a thorough and
comprehensive review of the matter at hand, devoting over three hundred man-
hours to this effort. That which follows is a listing of steps taken by the
committee to ensure an objective appraisal of the School Board proposals:
1 . Prior to the committee meeting for the first time as a group, the chairman
held preliminary introductory and courtesy meetings with the School
-3-
Board chairman, the School Board representative on the Board's
Architectural and Engineering Committee, the Division Superintendent,
and the City Manager. Brief introductory meetings were also held with the
City Finance Director and a City Budget Analyst.
2. The committee was fumished the modernization proposals as they had
been presented to the School Board and City Council; these proposals
formed the basis for the study and were referred to throughout the
process.
3, The committee as a group toured the seven schools under study.
Individual members also visited these schools at various times.
On each site visit, the committee heard from and interacted with the
architect, the Director of Facilities Planning an d Construction, the
Assistant Superintendent for Administrative Support Services, and each
school principal, plus other school building personnel.
4. Consultations were also held via telephone or in person with the
construction director of the Fairfax County Public Schools, two area
architects, a local general contractor, and a local engineer.
5. The IRC held fourteen meetings as a group, with approximately two hours
or more devoted to each meeting.
6. The chairman also met with the School Board representative on the
Architectural and Engineering Committee, the Director of Facilities
-4-
Planning and Construction, and the Assistant Superintendent for
Administrative Support Services, without other IRC members, for
approximately five hours.
7. The Division Superintendent, the Director of Facilities Planning and
Construction, the Assistant Superintendent for Administrative Support
Services, and the City Budget Analyst appeared before the committee,
made presentations, and responded to questions.
8. In addition to numerous questions put orally to various school staff
members and others, seventeen written questions were submitted by the
committee to the Director of Facilities Planning and Construction; the
committee received some seventy pages of information and data in
response to these questions.
9. Follow-up questions were asked and responses given.
10. Independently, the IRC collected voluminous data as a group, and
individual members contributed much on their own, being assigned
specific tasks according to their areas of expertise and experience,
including construction costs, the influence of physical plant upon student
learning, etc.
While "studies" can always be continued indefinitely, it is felt by the
committee that sufficient time and effort have been given to the current
proposals to render conclusions possible.
-5-
GOALS OF THE PROPOSAL
Although not specifically stated in the proposal, the goals of the Board seem
clear to the commiftee:
A. To extend the usable life of each school by a minimum of twenty-five
years
B. As much as possible and feasible, to bring each of the seven schools to
the physical standards of the Board's "prototype" elementary school, and
C. To ensure the safety and physical well-being of students by following
State Department of Education recommendations in matters of health and
safety and in providing space suggested as sufficient to meet
programmatic needs.
It is also clear that the Board has set for itself a moving target, since
programmatic and other changes are as inevitable in the next few years as they
have been in the past. Given the ever-evolving nature of education, there can
be no final solution in school facility construction, a fact that should be
recognized by all.
It should be further noted that the Commonwealth no longer issues mandates on
school construction; there are no requirements, only recommendations of the
State Deparlment of Education, leaving the local School Board free to make its
own determination of what best meets the needs of its students, consistent with
-6-
the community's educational desires, coupled with its ability and willingness to
pay.
An inevitable question that arises with the expenditure of tax funds for school
construction or programs is how that expenditure will affect student learning.
This question is implicit in the Board's proposals, and there is the common-
sense expectation that the modernization of the seven schools will indeed
furnish additional opportunities for enhanced teaching and learning. There are,
however, many factors, both inside and outside the school setting, that influence
student academic performance. Attending a safe, comfortable school with all the
educational amenities available is just one of those factors.
In general, with the usual caveats applied, it can be stated that the goals
inherent in the proposal are realistic and achievable.
SCHOOL STAFF RESEARCH AND PLANNING
It is apparent that the school staff went to great lengths to furnish opportunities
for school administrators, faculty, and community members-school patrons
and others-to be involved in the research and planning that led to the final
Board proposal. Also utilized were central office personnel, architectural
experts, and engineers. A member of the City budget office attended all
meetings of the school committee, which was comprised of a cross-section of
interested and affected parties, as outlined above.
-7-
A School Committee was active in each school, and no fewer than five meetings
of the group were held at each facility, with a final report of findings made to the
local PTA.
As will be further noted in this report, each of the seven schools under study is
architecturally and physically different from all of the other six, making necessary
a complete and thorough examination of all, individually; very little learned in the
evaluation of any one school can be applied to any other in the group.
The staff used the Appraisal Guide for School Facilities, a nationally-recognized
format provided by the Council of Educational Facility Planners International, as
an evaluative tool that became the basis for most recommendations made by the
staff about the physical facility itself and the site on which it is located.
While the Appraisal Guide was administered in what amounts to an admittedly
subjective manner, with evaluative numbers assigned by the appraiser, the use
of the same person to apply the Guide in all seven schools does lend
consistency to the results of the appraisals.
Concomitant with the evaluation of the physical facility and its environs, the
educational program was studied and space needs addressed. Here State
mandates and programmatic changes of the past few years were taken into
consideration, and a series of recommendations was made by the School
Committee.
-8-
Comprehensive booklets were prepared for each school project, giving data
collected at the school and from other sources; these booklets formed the basis
for much of the work of the IRC and are considered to be professionally done.
Altogether, it is the conclusion of the IRC that staff research and planning were
completed in a thorough and professional manner.
ADDITIONAL SPACE REQUESTS
A major part of the School Board proposal deals with expanded space
recommendations for each school; obviously, with building costs ever rising,
added square footage to any construction project must result in added
expenditure. Again, both School Board and Council are faced with the sensitive
balance between program and cost; unfortunately, public resources are nearly
always finite in nature and are not always adequate to all identified needs.
In addition to the information given in each modernization study, the IRC
requested and received extensive and voluminous additional data from school
staff and other sources. It is safe to say that the committee spent more time on
this question than on any other, with the exception of that of cost projections.
If one accepts as valid the Board's goal of bringing all elementary schools to the
physical level of its new prototype school, then the conclusion is that the space
recommendations are a step toward meeting that goal, while recognizing that
this will no doubt change in the foreseeable future.
-9-
COST PROJECTIONS
Individually and as a committee, the IRC devoted more actual time to the
examination of the estimated costs of the proposal than to any other single
question, consistent with the charge given by City Council. The committee's
approach was to study carefully the cost estimates provided by school staff,
collect and review other data on construction costs generally, and attempt to
conclude if the local projections were reasonable and effectively essential.
From the outset, it must be stated that construction costs are subject to a
number of variable factors, many of them out of the control of the affected
agency, in this case, of course, the School Board. Among the shifting sands of
contractor bid submission lie many influences: flexible cost of materials (lumber
prices have escalated recently), availability of competent sub-contractors (for
example, masons have long been in short supply), the amount of construction
work going on in the area (on occasion, Hampton Roads has seen governmental
work take most of the labor force here), and others that change from time to
time, depending on market forces at play.
Comparative data derived from such calculations as square foot cost are often
used as a basis for decision-making on cost estimating, but this is a risky and
not altogether satisfactory method of projecting; clearly square foot cost is
governed by what one puts in that square foot, and this can vary tremendously,
even from building to building.
In the present instance, there are no reliable data on modernization cost
experiences, since most school systems have been busily adding to the number
-1 0-
of schools, rather than renewing or renovating existing schools. Some of the
latter has been done in Fairfax County, but cost comparisons between Virginia
Beach and that area are of little value, in the opinion of the committee, given the
vastly different economies of the two areas.
There is at least one further consideration that has been referred to as the
difference between "the necessary and the nice." It was not within the purview
of the committee to attempt to make that distinction, working as it did with State
recommendations and within the context of School Board goals, but school
boards and local governing bodies often must do so; thus it is with the current
proposal.
It is clearly understood that the necessity to place a bond referendum question
on the November, 1997, ballot was at least partially responsible for the relatively
brief period of time between the presentation of the proposal to the Board and
that body's subsequent approval. This press of time no longer exists in the
same measure, and the committee believes that a careful review of the proposal
could be effected by the Board within a reasonable time frame, and this review is
respectfully suggested by the committee.
In its own work, extending over some four months, the IRC made a careful and
lengthy analysis of cost trends in local school construction, taking into
consideration all the above and more.
In response to a specific question, the committee was advised that before the
proposal was submitted to the School Board, school staff had reduced the
requests of the individual school committees by a total of $4,500,000. The IRC
-it-
also asked what might be eliminated from each school modernization if only a
specific amount were available for the project; removing some recommended
improvements from the proposal would, of course, reduce the overall cost,
always a desirable goal. The committee suggests that the School Board include
in any review these potential cost reductions, making them in those cases where
it is determined that no violence will be done to meeting the goals of the Board
for the students in its charge. It is also suggested that the proposed contingency
fund for each project be re-examined for possible reducing.
Just recently, the Board received a plan for computer installation in Virginia
Beach schools; in response to a committee question, school staff has estimated
that this new approach would, if adopted, create the possibility of reducing the
space needs of each school by from 2500 to 5000 square feet, with a resulting
substantial dollar savings. The IRC will speak more to this later in the report.
Absent any additional action by the School Board and if the Board's goals are
accepted as valid, then within that framework the IRC believes that cost
estimates are in line with current construction cost trends in the area. These
costs range from about $81 to $1 01 per square foot, but it should be
remembered that even these data can be misleading if taken purely at face
value.
The committee also believes that staff cost estimates are somewhat, but perhaps
not overly, liberal and consequently should be sufficient to meet both expected
and unexpected circumstances.
-12-
MODERNIZATION OR NEW CONSTRUCTION?
As to be expected, school staff wrestled mightily with the question of when to
recommend new construction over modernization; no doubt the School Board
did the same, and the IRC most certainly did.
From the information given the committee by the school staff, it is clear that a
rationale was developed for making a decision in these cases; as the staff
stated, there is no exact, hard-and-fast rule or formula for making this
determination. The committee also agrees with the statement of factors that go
into just such a decision.
The most cursory inspection of the schools under study will reveal the need for
physical improvement, as even the casual visitor will be aware. The extent of
these improvements in each case therefore becomes a matter for the School
Board-supported by the City Council-to decide. The committee believes that
the decision to replace W.T. Cooke Elementary School was a wise and judicious
one. With that in mind, and aware of the multitudinous ramifications, the IRC
respectfully requests that the School Board take one more hard look at Bayside
Elementary School, with a view toward replacement rather than modernization.
The school staff has estimated a cost differential of about $3,000,000 in facility
replacement versus modernization; as is usual, and probably appropriately, the
estimates are somewhat liberal, in the view of the committee. Also, as
previously noted, there may well exist within the current proposal some
additional funds from the proposed revision of the computer installation plan. It
is entirely possible that these monies could be used on the Bayside project to
-13-
cover the difference in costs between replacement and modernization. Even a
very conservative estimate of funds that could be made available would exceed
$3 million.
When one considers that bonded debt of the city is usually amortized over
twenty years, one questions whether it is better use of tax dollars to build a new
facility with a life expectancy of fifty years or so, paying for it over about forty
percent of its life, or remodeling to extend life some twenty-five years, paying for
it over eighty percent of its life.
There is always the problem of relocating students while new construction is
underway; this has been pointed out, accurately, by both Board and staff. It is
the belief of the committee, however, forged from experience and history, that
school patrons and students are very adaptable to temporary difficulties if there
is the clear promise and expectation of a better future. Some expressions of
disagreement can always be expected in such cases, but they should not be
allowed to deter action that will result in better long-term solutions for all
students.
The IRC believes that a strong case can and should be made for the
replacement of the Bayside Elementary School with a new facility.
--AND THE NEXT ELEVEN?
The IRC considered if projected costs for the modernization of the seven
schools understudy could be applied with some degree of accuracy to the
eleven elementary schools now being considered for similar treatment.
-14-
The committee is of the opinion, which we believe will be validated by the study
now going on, that the eleven schools will not be as costly to bring up to
desirable standards. There are two fundamental reasons for this opinion.
First, with the exception of Kempsville Elementary, which was built the same
year as Luxford, but of substantially different construction, the schools are newer
than those in the first seven. Generally, it can be expected that there is less
"wrong" physically and otherwise, thereby probably reducing the school-by-
school cost.
Second, nine of the eleven schools are built from basically the same
architectural plan, providing commonalties that simply do not exist in the seven
being reviewed by the IRC, which, as noted earlier, do not resemble each other
in any respect.
Although the committee itself points out the risk of long4erm projecting of school
modernization costs, it will hazard the guess that the actual cost of the
modernizations will be at least ten percent less than the currently estimated $70
million, barring unforeseen circumstances or significant changes in the planned
modernizations.
POSTSCRIPT
The Virginia Beach Community has been most supportive of its school system,
and with the cooperative efforts of City Council and School Board, conjoined with
a total sharing of information and data among all interested parties, the IRC is
-15-
confident that this support will manifest itself positively on the appropriate
occasion and at the appropriate time.
-16-
5 -
CITY MA NA GER'S BRIE FIN G
LIFEGUARD CONTRACT
3:48 P.M.
ITEM # 43355
Bruce Edwards, Director - Emergency Medical Services, advised in accordance with the direction provided
by the City Council at their meetings held on December 2, 1997, and again on January 13, 1998, the
Lifeguard Franchise Committee finalized, and the Finance Department's Division of purchasing sent out,
three requests for proposals to provide Lifeguard and Beach Equipment Rental Services at the following
areas: The Resort Area - Camp Pendleton Surfing Area, South Croatan Swimming Area, North Croatan
Surfing Area, Rudee Inlet to 40th Street and Fort Story Beach; the 57th Street Beach at the Ramada Inn;
and Sandbridge - Sandbridge Public Beach and Little Island Park. In addition to the added request for
limited lifeguard services in the Resort Area at South Croatan, the request also included servicesfor the last
two weeks in September. Requests for proposals on five year and seven year contracts were also contained
in the proposal. The completed RFPs were received by the Committee in late February and were reviewed
over the subsequent weeks.
Mr. Edwards advised the Lifeguard Franchise Committee was comprised of the following members.
Ed Brazle
Emergency Medical Services
Anne Taylor
Emergency medical Services
Nicki Woolery
Convention and Visitor Development
Teri Dalone
Parks and Recreation
Sergeant Frank Genova
Police
John McConnell
Purchasing
Utilizing the four bench marks: experience, capability and skill, services to be performed and financial
considerations, and weighing these at 25 points each, the scoring was applied. The Committee received two
proposals for the area at 57th Street. Mariner Associates and Virginia Beach Lifesaving Service. Mariner
Associates (the present provider) submitted a proposal in which they would pay the City $500.00 per year
for seven years for the right to provide Lifeguard Services and Beach Equipment rental services at that
location. Virginia Beach Lifesaving Service indicated they would provide the services at no charge. The
Sandbridge Contract received only one proposal from Ocean Rentals, Limited (present provider). Their
proposal further reflects a 3% increase per year over a total of a five-year contract. The average yearly fee
for the five years amounts to $197,501.00. There were two companies submitting RFPs for the Resort Area
franchise on both a five and seven-year contract which included the additional service at South Croatan s
swimming beach and the additional two weeks in September. In the 1997 season, which excluded the added
area and the additional two weeks, the franchisee, Virginia Beach Lifesaving Services, was charging the
City $295,872.00. Under the new RFP their charge for the first year would be $404,232.00 with an
escalating clause of 3% per year. 7his amounts to an increase of $108,360.00 the first year. Their yearly
average for a seven-year term amounted to $442,487.00. For a five-year term, that yearly average climbed
to $467,032.00. By Year 7, this contract's fees would be $482,674. The second proposal was from Virginia
Beach Ocean Rescue Services. Their proposal amounted to $380,000.00 for the first year and every year
thereafter. VBLS's demonstrated experience, capability and skill to provide for high quality lifesaving/beach
rental services outweighed the price differential between the two firms.
March 24, 1998
- 6-
CITY MANAGER'S BRIEFING
LIFEGUARD CONTRACT
ITEM# 43355 (Continued)
If City Council does concur with the recommendations of the Committee, because of the increase in prices,
a budget transfer must be requested from Contingencies in the amount of approximately $37,690 in order
to make the first payment to the vendors.
The following recommendations were made to City Council for awarding the three franchises to provide
lifeguard and beach equipment rental services:
Mariner Associates 05/01/98 - 12/31/04 57th Street Beach Area
Ocean Rentals, Ltd. 05/01/98 - 12/31/02 Sandbridge Area Beaches
Virginia Beach 05/01/98 - 12/31/04 Resort Area Beaches
Life-Saving Service, Inc.
Mayor Oberndorf referenced the correspondence from Virginia Beach Ocean Rescue Services challenging
the recommendation. The representative wished the opportunity to address City Council during the Briefing
Sessions. The City Attorney advised it would not be appropriate to permit speakers during the Briefing
Session. Speakers are registered during the Formal Session prior to consideration ofthe Ordinances. Mayor
Oberndorf wished to make it a part of the record that the request was noted and it would be extraordinary
to change the procedures of the City Council Meeting.
Mr. Edwards advised there is a formal procedure within the Procurement Act, which allows challenges of
the decision. Mr. Edwards recommended this process to the individual.
Costs relative the City providing the service of beach equipment rentals will be provided as this would cost
the City more rather than franchising these operations.
March 24, 1998
- 7 -
AGENDA REVIEW SESSION
4:10 P.M.
ITEM # 43356
The City Manager advised, as a result of a call from Patricia Phillips - Director of finance who was in New
York with the bonding officials, relative General Obligation Public Improvement and Refunding Bonds, the
total par value will be $125,615,000 as opposed to the maximum amount up to $165,000,000, listed in the
City Council's Agenda.
Resolution re bond issuance and sale:
General Obligation Public Improvement
and Refunding Bonds, Series of 1998 $125,615,000
The gross savings are $3,829,000 and the present value is $2,242,000, which is exactly the City's estimate.
The true interest rate is 4.78%. Mrs. Phillips will provide a detailed presentation during the City Council
Session ofapril 7,1998.
ITEM # 43357
Councilman Harrison advised there may be speakers in OPPOSITION.
K.1. Ordinance re a five-year lease renewal on an 11.77 acre
parcel of City-owned property in Great Neck District
Park to GNBL, Inc. (formerly known as Great Neck
Baseball League), including alterations, improvements
and additions to the premises requested by the lessee;
and, authorize the City Manager to execute all
documents (L YAINHA VEN BOROUGH)
ITEM # 43358
Mayor Oberndorf referenced concerns of Council Lady McClanan relative raising the penalty from $250.
to $500. Council Lady McClanan said she did not concur with the idea of increasing the penalty; however
she would vote for approval of the Ordinance.
K.2. Ordinance to AMEND Sections 18-16 and 18-29 of the
City Code re Business Licenses by establishing one rate
of interest for delinquent business license taxes,
simplifying audit provisions and increasing the penalty
for failing to appear or supply records necessary for
audits. (Deferred.- March 10, 1998)
ITEM # 43359
Council Lady Parker referenced:
K.4. Ordinance to AMEND Ordinance No. 95-2353K
adopted November 14, 1995, (modifying scope and
location), which authorized acquisition of property in fee
simple with temporary and permanent easements, either
by agreement or condemnation, for Sandbridge Sanitary
Sewer Improvements Project (CIP 6-931).
The City has been granted a right of entry to install the force main; however, the owner of Lake Tecumseh,
Mr. Horace A. Gray III, has refused to grant the easement on advice of legal counsel. The property owner,
Mr. Gray, has been notified of the City's intent to condemn the necessary easements. The project limits and
project area map have been revised to include necessary easement acquisition along the northern limits of
the project.
March 24,1998
8
A GENDA RE VIE W SESSION
ITEM # 43360
Council Lady McClanan advised she will be voting a Verbal Nay:
K.5. Ordinance to establish the Public Investment Protection
Strategy Fund to provide a revenue source for property
purchases with strategic impact potential; the source of
Fund revenue being non-previously designated net
proceeds from lease and sale of City property; the City
Manager to appoint a committee to make
recommendations re acquisition of property and provide
Council with a report re PIPS Fund activities.
ITEM # 43361
Council Lady Parker expressed concerns and will await the discussion during the Executive Session. At the
present time, her vote would be a VERBAL NAY
K7c Ordinance re Franchises for Lifeguard and Beach
Equipment Rental Services in the Resort Area.
Virginia Beach 05/01/98 - 12/31/04 Resort Area Beaches
Life-Saving Service, Inc.
ITEM # 43362
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOLUTIONS
I1a Resolution re bond issuance and sale:
General Obligation Public Improvement
and Refunding Bonds, Series of 1998 $125,615,000
(Total par value will be $125,615,000 rather than
$165,000,000 as previously stated)
I2a Resolution re bond issuance for YMCA facilities
throughout Virginia:
Industrial Development and Revenue Bonds $ 14,300,000
City of Alexandria
I.3 Resolution to authorize the City Manager submit a
$42,989.00 Grant Application and enter into the
necessary agreements in response to an RFP from the
Chesapeake Bay Local Assistance Board re Phase II of
the regulations regarding Comprehensive Plans, local
program implementation and refinement of GIS
information for local mapping assistance.
I.4 Resolutions re Virginia Department of Transportation
(VDOT) for urban maintenance.
a. Request acceptance of an additional eligible 38.52 lane
miles of streets beginning July 1, 1998
b. Request acceptance of corrections to the Revised Road
Inventory, deleting 10.34 lane miles of streets from the
Urban Street Inventory
March 24, I998
9 -
AGENDA REVIEW SESSION
ITEM # 43362 (Continued)
ORDINANCES
K2. Ordinance to AMEND Sections 18-16 and 18-29 of the
City Code re Business Licenses by establishing one rate
of interest for delinquent business license taxes,
simplifying audit provisions and increasing the penalty
for failing to appear or supply records necessary for
audits. (Deferred: March 10, 1998)
K.3. Ordinance to authorize a temporary encroachment into
a portion ofan existing ten-foot City drainage easement
at 1652 Spring House Trail by Ben D. and M. Diann
Cook re construction and maintenance of a driveway
and interceptor, retaining wall and fill (BA YSIDE
BOROUGH).
K.4. Ordinance to AMEND Ordinance No. 95-2353K
adopted November 14, 1995, (modifying scope and
location), which authorized acquisition of property in fee
simple with temporary and permanent easements, either
by agreement or condemnation, for Sandbridge Sanitary
Sewer Improvements Project (CIP 6-931).
K.5. Ordinance to establish the Public Investment Protection
Strategy Fund to provide a revenue source for property
purchases with strategic impact potential; the source of
Fund revenue being non-previously designated net
proceeds from lease and sale of City property; the City
Manager to appoint a committee to make
recommendations re acquisition of property and provide
Council with a report re PIPS Fund activities.
K.6. Ordinance to establish the School Communication
Tower Technology Special Revenue Fund into which
shall be deposited all revenue generated by the School
Board from lease of school property for communication
tower sites, to be used to acquire new technology and/or
upgrade existing equipment, e.g., computers, etc.; and,
this revenue shall be in addition to funds appropriated to
the School's annual operating and capital budgets.
K.7. Ordinances re Franchises for Lifeguard and Beach
Equipment Rental Services in the Resort Area, 57th
Street and Sandbridge.
a. Mariner Associates 05/01/98 - 12/31/04 57th Street Beach Area
b. Ocean Rentals, Ltd. 05/01/98 - 12/31/02 Sandbridge Area Beaches
c. Virginia Beach 05/01/98 - 12/31/04 Resort Area Beaches
Life-Saving Service, Inc.
K.8. License Refunds. $50,689.06
Tax Refunds: $14,105.68
March 24, 1998
- ]O-
A GENDA RE VIE W SESSION
ITEM # 43363
Councilman Harrison referenced Planning items on the Formal Session.
L.4. Applications of OCEAN INVESTORS, LLC, on the East
side of Great Neck Road, beginning 123.64 feet South of
Dey Cove Drive, containing 77.510 acres (LYAWHA VEN
BOROUGH).
a. Change of Zoning District Classification from R-20
Residential District to Conditional R-15 Residential
District
b. Conditional Use Permit for an Open Space promotion.
ITEM # 43364
This item will be discussed during the Formal Session.
L.5 Application of FERRELL PARKWAY ASSOCIATES, INC.,
for a Change of Zoning District Classification from O-2
Office District to Conditional B-1A Limited Community
Business District on the West side of General Booth
Boulevard, beginning 170 feet more or less North of Ferrell
Parkway, containing 1.4 acres (PRflVCESS ANNE
BOROUGH).
ITEM # 43365
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA.
L.1. Application of ATLANTIC SHORES RETIREMENT
COMMUNITY LLC for the modification of conditions
placed on the March 12, 1990 approved Conditional Use
Permit for a retirement community at 1200 Atlantic
Shores Drive, adding 213 units for a total of 760
(PRINCESS ANNE BOROUGH).
L.2. Application of SPRINT, P.C.S., for a Conditional Use
Permit for a wireless communication cell tower 960 feet
more or less West of the intersection of Dam Neck
Station Road and General Booth Boulevard (1525
General Booth Boulevard), containing 5.490 acres
(PRINCESS AAWE BOROUGH).
L.3. Application of LAZER BALL TECHNOLOGIES, LLC,
for a Conditional Use Permit for a commercial
recreational lazer ball facility on Space J1, Lynnhaven
Mall (701 Lynnhaven Parkway), containing 4031 square
feet (PRINCESS AAWE BOROUGH).
March 24, 1998
- 11 -
CITY COUNCIL CONCERNS
4:20 P.M.
ITEM # 43366
Mayor Oberndorf extended Congratulations to Council Lady Henley and her family on the birth of
grandson, Hunter Henley, 8 pounds 1 ounce, born on Thursday, March 19, 1998.
ITEM # 43367
Mayor Oberndorf referenced an article from the Internet entitled.- "Virginia Beach, Virginia's General
Obligation Bonds Seties 98 Rated AA by Standards and Poors". Mayor Oberndorf distributed copies which
are hereby made a part of the record. On March 23, 1998, Standard & Poors assigned its double A rating
to Virginia Beach, Virginia's $121.47-MILLION GO Public Improvement and Refunding Bonds, Series
1998. Virginia Beach's GO Rating reflects: a strong regional economy; strong financial performance and
improved School Board financial operations; and, a moderate debt burden. Mayor Oberndorf congratulated
the City staff and City Council.
ITEM # 43368
Council Lady McClanan referenced her meeting with a concerned citizen group on Saturday, March 21,
1998. So many streets have been closed in the area of the Municipal Center for different projects that these
residents are literally "hemmed" in. Council Lady McClanan requested a listing in the paper of the streets
that are open, instead of those that are closed. Residents are upset particularly in the area of the Bow Creek
Project. The dates keep being extended on the signs. The City must be more careful. The City Manager
referenced the inconveniences in this area are due to the rudimentary transportation system in terms of the
network and the weather conditions this Winter. There has been more rain than ever recorded previously.
For example, because of the weather conditions, the bridge project on Indian River Road has been delayed.
Council Lady Henley referenced another project which went onfor a very long time, the Dozier Bridge.
During the Northeasterner all appreciated this bridge project. As Dr. Brickell said, once these projects are
in place, people tend toforget the inconvenience.
ITEM # 43369
Council Lady McClanan believes there is a policy requiring public notice of projects within the City whether
road, water/sewer, etc. Council Lady McClanan would not have voted for the Hampton Roads Main Project
on her return to City Council last year, if she had known the public had not been informed. The Hampton
Roads Sanitation District does not require Public Hearings on their projects. The City has worked with
them. When the citizens informed her they knew nothing about this project, she thought they had not seen
the notices in the paper. She does not read all those notices. Council Lady McClanan would like to have a
Policy DRAFTED addressing this issue, so it does not occur again. The first phase of this project is
scheduled to commence in May. These residents with the big line behind their houses and the pipes on the
canal are not very happy. The City should make it a policy not to work with any entity that does not give the
public notice. Council Lady McClanan requested the City Attorney prepare a policy or ordinance reflecting
that even though a State Agency may not have this requirement, the City will not proceed without adequate
notice to the public. The City Manager advised Public Meetings have been held as to when the City tries to
co-locate some of these public facilities, the roadway will be for much of that area co-located with the sewer
lines. There have been two Public Meetings on West Neck Creek Parkway Extended and Judicial Parkway.
The City Manager believes Council Lady McClanan's point is valid.
Council Lady Henley requested when Public Meetings are held, there not be any conflicts of Public
Information meetings scheduled at the same time.
ITEM # 43370
Councilman Baum referenced troubles with The VIRGINIAN-PILOT editorial board; however, they are
changing the Editor. Councilman Baum referenced a headline which displayed the concept of being too
intellectual and not having enough common sense. The article concerned Army Training and the headline
read "The Reality is that Men and Women are different". Now that the paper has caught on to this, who
knows what kind of progress we will make next.
March 24, 1998
- 12
CITY COUNCIL CONCERNS
ITEM # 43371
Councilman Harrison said the staff has apparently advised the Lake Trant Corporation that the City
Council needs to request the City Manager to prepare a CIP Project for the upcoming Capital Improvement
Program for the dredging of Lake Trant. They were at a standstill until a spoil site can be found
Councilman Harrison received a phone call indicating a spoil site has been found. Councilman Harrison
contacted Public Utilities and they indicated a CIP Project would need to be prepared. The City Manager
will investigate.
ITEM # 43372
Council Lady Strayhorn referenced increased appraisals and the problem with the older residents. There
is a crunch and many of the attendees at town meetings are attempting to find newplaces to reside. They are
requesting the limit of approximately $22,000 per year for relief from taxes be increased to a $25,000 limit.
An analysis and comparison of the neighboring cities will be provided. Ihe City Attorney advised there is
a deferral program but it is involved with the limitations of $22,000. Vice Mayor Sessoms advised in Florida
if a citizen has resided in a home for twenty-five years, the assessment will be "capped". Councilman
Heischober advised if one is sixty-five or totally handicapped, and earns less than $22,000, the individual's
taxes can be frozen.
ITEM # 43373
Council Lady Parker referenced information contained in the City Council Agenda Package relative the
VDOT Transportation Allocadon Hearing and landscaping to be upgraded on Route 44. The City Manager
advised the Virginia Department of Transportation is responsible for cleaning up the litter around the
approaches and off-ramps on Route 44. Council Lady Parker requested when the City makes their
presentation before VDOT, this be mentioned.
The City Manager will provide the status relative the Sheriff Department's bid on the clean-up of various
areas.
ITEM # 43374
Mayor Oberndorf reminded City Council of the Candlelight Vigil for Child Abuse Prevendon Month at
5:30 P.M., today - March 24, 1998, on the steps of City Hall. Approximately 1,018 candies will be lit during
the ceremony in honor of the abused children. City Council will attend prior to the Formal Session.
ITEM # 43375
Mayor Oberndorf referenced her trip to England and Ireland. The taxpayers did not fund the Mayor's trip.
Mayor Oberndorf was the guest of the Local Government Management Board of England. The Mayor paid
for her own trip to Ireland for the Economic Development visit. The Local Government Management Board
invited the Mayor to speak relative Democracy, Governance and Women in Local Office. There is a debate
in London on whether or not to have a Directly Elected Mayor. Lord Hunt of Tamworth is introducing the
legislation to the English Parliament. The debate was held in the Liberal Club, which no longer exists, One
Whitehall Place, London. The Mayor's Debate Partner was Dr. Hinrich Lehmann-Grube, Mayor of
Leipzig, Germany. Dr. Lehmann-Grube use to hold a position similar to the City Manager of Hanover,
Germany. He moved behind the iron curtain prior to the wall coming down in anticipation that the two
Germanies would become one and he could run for a directly elected mayor in Leipzig. A Program entitled
"A Tate of Two Mayor's " was presented. The English take their politics seriously. The Mayor did not realize
the entire Country was run by the Federal Government. The Mayor spoke again in Leeds, England on
Friday, March 20, 1998. In England, the individual does not run for an office, the party does. Then a member
of the party chooses the representatives of the City Council and who will be the Mayor. Their Council's
range from 40 to 50 members and they thought eleven was a very small Council. In these large member
Councils, 33 different political parties are represented. One also must vote the party line.
March 24, 1998
13
CITY COUNCIL CONCERNS
ITEM # 43375 (Continued)
The Mayor displayed slides of City Council's accomplishments and referenced the televising of Council
Meetings. The public and press are not permitted during England's preparation meetings. Mayor Oberndorf
brought information i.e. Beach Advisory, Civic League Updates, the brochure entitled " Virginia Beach City
Government" containing photographs of the City Council and pertinent data. As their government does not
have publications of this nature, they were very interested.
Mayor Oberndorf made some business contacts after conclusion of her speaking engagements. The citizens
of Ireland and England are most gracious and appreciative.
Mayor Oberndorf advised the Local Government Management Board of England found the City's home
page on the INTERNET and did research on Mayor Oberndorf thus choosing her to attend. They paid for
her trip and hotels. Information on their local government is hereby made a part of the record.
March 24, 1998
- 14 -
ITEM # 43376
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, March 24, 1998, at 4:48
P. M.
Council Members Present.-
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Absent:
None
March 24, 1998
15
ITEM # 43377
Mayor 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 ofprospective 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
Francis Land House Board of Governors
Personnel Board
The Planning Council
Virginia Beach Crime Task Force
Virginia Beach Health Services Advisory Board
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: SPCA Site - General Booth Boulevard
LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants, or attorneys pertaining to actual or
probable litigation, or other specific legal matters requesting the
provision of legal advice by counsel pursuant to Section 2.1 -
344(A)(7).
To- Wit: Janezeck v. Board of Zoning Appeals
(Subdivision Pungo Borough)
Contract for Lifeguard Services
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
('ouncil Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
March 24, 1998
- 16 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
March 24,1998
6:00 P.M.
Vice Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUWCIL in the Council Chamber, City Hall Building, on Tuesday, March 24, 1998, at 6.- 00 P. M
Council Members Present.-
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION.- Reverend Robert Lundquist
Good Samaritan Episcopal Church
PLED , OFALLEGIA E TO A
Vice Mayor Sessoms, being a Corporate Ojficer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a '@ersonal interest", as defined in the Act, either individually or in his
capacity as an o)ficer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may
or may not know of the Bank's interest in any application that may come before City CounciL Vice Mayor
,5essoms'letter ofjanuary 1, 1998, is hereby made a part of the record.
March 24, 1998
- 17 -
Item VI-E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 43378
Upon motion by Councilman Baum, seconded by Councilman Jones, 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;
AND,
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: 9-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K Parker and Vice Mayor William D. Sessoms,
Jr.
(council Members Voting Nay:
None
('ouncil Members Absent:
Mqvor Meyera E. Oberndorf and Louisa M. Strayhorn
March 24, 1998
Resolution
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 # 43377, Page 8, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Ruth Hodges Smith, CMC/AAE
City Clerk March 24, 1998
- 18 -
Item VI-F.1.
MINUTES ITEM # 43379
Upon motion by Council Lady Parker, seconded by Councilman Harrison, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of March 10, 1998.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heisehober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker and Vice Mayor William D. Sessoms,
Jr.
Council Members Voting Nay.-
None
('ouncil Members Absent:
Mayor Meyera E. Oberndorf and Louisa M. Strayhorn
March 24, 1998
- 19 -
Item VI-G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 43380
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 24, 1998
- 20 -
Item VI-I
RESOLUTIONS ITEM # 43381
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council APPROVED IN
ONE MOTION Resolutions 1a, 2a, 3 and 4a and b of the CONSENT AGENDA.
Voting.- 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
(council Members Absent:
None
March 24, 1998
- 21
Item VI-1.a.
RESOLUTIONS ITEM # 43382
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Resolution re bond issuance and sale:
General Obligation Public Improvement $125,615,000
and Refunding Bonds, Series of 1998
(total par value will be $125,615,000)
Voting: II -0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reha S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
March 24, 1998
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT AND
REFUNDING BONDS, SERIES OF 1998, OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF
$165,000,000, HERETOFORE AUTHORIZED, AND PROVIDING
FOR THE FORM, DETAILS AND PAYMENT THEREOF, AND
PROVIDING FOR THE REFUNDING OF CERTAIN GENERAL
OBLIGATION BONDS OF THE CITY
WHEREAS, the issuance of $50,900,000 of bonds of the City of Virginia Beach, Virginia
(the "City"), was authorized by an ordinance adopted by the Council of the City (the "City Council")
on May 14, 1996, without being submitted to the qualified voters of the City, to finance various
public improvements, including schools, roadways, coastal, economic and tourism and building
projects, $14,347,407 of which bonds have been issued and sold;
WHEREAS, the issuance of $54,100,000 of bonds of the City was authorized by an
ordinance adopted by the City Council on May 13, 1997, without being submitted to the qualified
voters of the City, to finance various public improvements, including schools, roadways, coastal,
economic and tourism and building projects, none of which bonds have been issued and sold;
WHEREAS, it appears that the City can effect considerable savings by issuing bonds to
refund all or a portion of the following bond issues (collectively, the "Refunded Bonds"):
General Obligation Water and Sewer Bonds, Series of 1977A;
General Obligation Water and Sewer Bonds, Series of 1977B;
General Obligation Public Improvement Bonds, Series of 1988A;
General Obligation Public Improvement Bonds, Series of 1989A;
General Obligation Public Improvement Bonds, Series of 199OA;
General Obligation Public Improvement Bonds, Series of 1991 A;
General Obligation Public Improvement Bonds, Series of 1991 C;
General Obligation Refunding Bonds, Series of 1992;
General Obligation Public Improvement Bonds, Series of 1992;
General Obligation Public Improvement Bonds, Series of 1993A;
General Obligation Public Improvement Bonds and Refunding Bonds, Series of 1994; and
General Obligation Public Improvement Bonds, Series of 1995;
WHEREAS, the City Council has determined it is in the City's best interest to issue and sell
$29,752,593 of the bonds authorized on May 14, 1996; and $18,247,407 of the bonds authorized on
May 13,1997;
WHEREAS, it has been recommended to the City Council by representatives of Government
Finance Associates, Inc., and Government Finance Group, Inc. (the "Financial Advisors") that the
City issue and sell a single issue of public improvement and refunding bonds in the maximum
principal amount of $165,000,000; and
WHEREAS, on March 10, 1998, the City Council approved an underwriting team for such
public improvement and refunding bonds of PaineWebber Incorporated and Craigie Incorporated,
as Senior Co-Managers, and Davenport & Company, LLC, Salmon Smith Barney, The Artemis
Group and MR. Beale, as Co-Managers (collectively, the "Underwriters").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes
of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991,
general obligation public improvement and refunding bonds of the City in the maximum principal
amount of $165,000,000 (the "Bonds") as follows: (a) a maximum of $48,000,000 to provide funds
to finance, in part, the cost of the various public, school, road and highway, coastal, economic and
tourism and building improvements as more fully described in the ordinances authorizing the Bonds
adopted on May 14, 1996, and May 13, 1997 (collectively, the "Project"), (b) a maximum of
$117,000,000 to provide funds to refund the Refunded Bonds, including funds to pay principal of'
and premium and interest on the Refunded Bonds until their redemption and costs incurred in
connection with such refunding and (c) costs incurred in connection with issuing the Bonds.
2. Bond Details. The Bonds shall be designated "General Obligation Public
Improvement and Refunding Bonds, Series of 1998," or such other designation as may be
determined by the City Manager, shall be in registered form, shall be dated such date as determined
by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall
be numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds to the
Underwriters are authorized on terms as shall be satisfactory to the City Manager; provided,
however, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 5.50%
(taking into account any original issue discount or premium), (b) shall be sold to the Underwriters
at a price not less than 99% of the principal amount thereof (excluding any original issue discount)
2
and (e) shall mature or be subject to mandatory sinking fund redemptions in annual installments
beginning no later than the year 1999 and ending no later than the year 2020. Principal of the Bonds
shall be payable annually and interest on the Bonds shall be payable semiannually on dates
determined by the City Manager.
Each Bond shall bear interest at such rate as shall be determined at the time of sale,
calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on
dates determined by the City Manager. Principal and premium, if any, shall be payable to the
registered owners upon surrender of Bonds as they become due at the office of the Registrar (as
hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at
their addresses as they appear on the registration books kept by the Registrar on a date prior to each
interest payment date that shall be determined by the City Manager (the "Record Date"). Principal,
premium, if any, and interest shall be payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered
in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The
City shall enter into a Letter of Representations relating to a book-entry system to be maintained by
DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities
depository for the Bonds appointed pursuant to this Section.
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City in its sole discretion determines (i) that beneficial owners
of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then
its chief financial officer shall, at the direction of the City, attempt to locate another qualified
securities depository to serve as Securities Depository and authenticate and deliver certificated
Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds
to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners
substantially in the form provided for in Section 5; provided, however, that such form shall provide
for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior
to the first interest payment date, or (B) otherwise from the interest payment date that is or
immediately precedes the date on which the Bonds are authenticated (unless payment of interest
thereon is in default, in which case interest on such Bonds shall be payable from the date to which
interest has been paid). In delivering certificated Bonds, the chief financial officer shall be entitled
to rely on the records of the Securities Depository as to the beneficial owners or the records of the
Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds
will then be registrable, transferable and exchangeable as set forth in Section 7.
So long as there is a Securities Depository for the Bonds (1) it or its nominee shall be the
3
registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal, premium, if any, and interest, transfers
of ownership and exchanges and receipt of notices shall be the responsibility of the Securities
Depository and shall be effected pursuant to rules and procedures established by such Securities
Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining,
supervising or reviewing the records maintained by the Securities Depository, its participants or
persons acting through such participants, (4) references in this Resolution to registered owners of
the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial
owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this
Resolution and the provisions of the above-referenced Letter of Representations such provisions of'
the Letter of Representations, except to the extent set forth in this paragraph and the next preceding
paragraph, shall control.
3. Redemption Provisions. The Bonds may be subject to redemption prior to maturity
at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part
at any time, at a redemption price equal to the principal amount of Bonds, together with any interest
accrued to the redemption date, plus a redemption premium not to exceed 2% of the principal
amount of the Bonds, such redemption premium to be determined by the City Manager.
Any term bonds may be subject to mandatory sinking fund redemption upon terms
determined by the City Manager.
If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be
selected by the chief financial officer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the Bonds of a particular maturity are called for redemption,
the Bonds within such maturity to be redeemed shall be selected by the Securities Depository
pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected
by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either
case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some
integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered
as representing that number of Bonds that is obtained by dividing the principal amount of such Bond
by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions
thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight
express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the
registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption
to anyone other than DTC or another qualified Securities Depository or its nominee unless no
qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities
Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the
registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in
4
principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon
the surrender thereof
4. Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile
signature of its Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile
thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond
shall be valid until it has been authenticated by the manual signature of an authorized officer or
employee of the Registrar and the date of authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the following form, with such
completions, omissions, insertions and changes not inconsistent with this Resolution as may be
approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the
execution and delivery of the Bonds:
Unless this certificate is presented by an authorized representative of The Depository
Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration
of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co.,
or in such other name as is requested by an authorized representative of DTC (and any
payment is made to Cede & Co. or to such other entity as is requested by an authorized
representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR
VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an interest herein.
REGISTERED REGISTERED
No. R- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public Improvement and Refunding Bond
Series of 1998
INTEREST RATE MATURITY DATE DATED DATE CUSIP
% I , 1998
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon
5
surrender hereof to the registered owner hereof, or registered assigns or legal representative, the
principal sum stated above on the maturity date stated above, subject to prior redemption as
hereinafter provided, and to pay interest hereon from its date semiannually on each -- -- and
beginning , at the annual rate stated above, calculated on the basis
of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in
lawful money of the United States of America by the City Treasurer, who has been appointed
Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and
registrar for the bonds.
Notwithstanding any other provision hereof, this bond is subject to a book-entry system
maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium,
if any, and interest, the providing of notices and other matters shall be made as described in the
City's Letter of Representations to DTC.
This bond is one of an issue of $ General Obligation Public Improvement
and Refunding Bonds, Series of 1998, of like date and tenor, except as to number, denomination, rate
of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act
of 1991. The bonds have been authorized by ordinances adopted by the Council of the City (the
"City Council") on May 14, 1996, and May 13, 1997, and are issued pursuant to a resolution adopted
by the City Council on March 24, 1998, to finance various public, school, road, highway and bridge
improvements, to provide funds to refund portions of various series of general obligation bonds
issued by the City between - and - and to pay costs of issuance of the bonds.
Bonds maturing on or before , are not subject to redemption prior to
maturity. Bonds maturing on or after are subject to redemption prior to maturity
at the option of the City on or after in whole or in part at any time, upon payment
of the following redemption prices (expressed as a percentage of principal amount of bonds to be
redeemed) plus interest accrued and unpaid to the redemption date:
Period During Which Redeemed Redemption
(Both Dates Inclusive) Price
Bonds maturing on , _, are required to be redeemed in part before maturity
by the City on in the years and amounts set forth below, at a redemption price equal to
6
the principal amount of the bonds to be redeemed, plus accrued interest to the redemption date:
Year Amount Year Amount
If less than all of the bonds are called for redemption, the bonds to be redeemed shall be
selected by the chief financial officer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the bonds of a particular maturity are called for redemption,
the bonds within such maturity to be redeemed shall be selected by DTC or any successor securities
depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be
selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In
either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000
or some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be
considered as representing that number of bonds that is obtained by dividing the principal amount
of such bond by $5,000. The City shall cause notice of the call for redemption identifying the bonds
or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail
or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date.
to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for
redemption, a new bond in the principal amount of the unredeemed portion hereof will be issued to
the registered owner upon surrender hereof.
The fall faith and credit of the City are irrevocably pledged for the payment of principal of
and premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person or entity exclusively
entitled to payment of principal of and premium, if any, and interest on this bond and the exercise
of all other rights and powers of the owner, except that interest payments shall be made to the person
or entity shown as the owner on the registration books on the [fifteenth] day of the month preceding
each interest payment date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this
bond have happened, exist and have been performed, and the issue of bonds of which this bond is
one, together with all other indebtedness of the City, is within every debt and other limit prescribed
by the Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to
7
be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond
to be dated 1998.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach,
Virginia
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney,
to transfer said bond on the books kept for the registration thereof, with full power of substitution
in the premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner)
by an Eligible Guarantor Institution such
as a Commercial Bank, Trust Company, NOTICE: The signature above must
Securities Broker/Dealer, Credit Union correspond with the name of the
or Savings Association who is a member registered owner as it appears on the
of a medallion program approved by The front of this bond in every particular,
Securities Transfer Association, Inc. without alteration or enlargement or any
change whatsoever.
6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably
pledged for the payment of the principal of and premium, if any, and interest on the Bonds. Unless
8
other funds are lawfully available and appropriated for timely payment of the Bonds, the City
Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized
or limited by law and without limitation as to rate or amount, on all locally taxable property in the
City sufficient to pay when due the principal of and premium, if any, and interest on the Bonds.
7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed
paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank
or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain
registration books for the registration and registration of transfers of Bonds. Upon presentation and
surrender of any Bonds at the office of the Registrar, at its corporate trust office if the Registrar is
a bank or trust company, together with an assigment duly executed by the registered owner or his
duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar,
the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver
in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized
denominations, of the same form and maturity, bearing interest at the same rate and registered in the
name as requested by the then registered owner thereof or its duly authorized attorney or legal
representative. Any such exchange shall be at the expense of the City, except that the Registrar may
charge the person requesting such exchange the amount of any tax or other governmental charge
required to be paid with respect thereto.
8. Sale of Bonds. The sale of the Bonds to the Underwriters is authorized upon the
following terms. The City Manager, in collaboration with the Financial Advisors, shall (a)
determine the principal amount of the Bonds, subject to the limitations set forth in Section 1,(b)
determine the interest rates of the Bonds, maturity schedule of the Bonds and the price to be paid for
the Bonds by the Underwriters, subject to the limitations set forth in Section 2, (c) determine the
redemption provisions of the Bonds, subject to the limitations set forth in Section 3, and (d)
determine the dated date, the principal and interest payment dates and the Record Date of the Bonds,
all as the City Manager determines to be in the best interests of the City.
Following the determination of the terms of the Bonds and their sale, the City Manager shall
execute a bond purchase agreement with the Underwriters (the "Bond Purchase Agreement") and
deliver the Bond Purchase Agreement to the Underwriters. The Bond Purchase Agreement shall be
in substantially the form of the draft dated March 12, 1998, copies of which have been provided to
the members of the City Council. The final Bond Purchase Agreement shall set forth the final terms
of the Bonds and be in form approved by the City Manager, in collaboration with the City Attorney
and the City's bond counsel, the execution thereof by the City Manager to constitute conclusive
evidence of his approval of such Agreement. Following the sale of the Bonds, the City Manager
shall file the Bond Purchase Agreement with the City Clerk. The actions of the City Manager in
selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of
9
the Bonds shall be necessary on the part of the City Council.
9. Official Statement. A draft of a Preliminary Official Statement describing the
Bonds, copies of which have been provided to the members of the City Council, is approved as the
form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such
completions, omissions, insertions and changes not inconsistent with this Resolution as the City
Manager, in collaboration with the Financial Advisors, may consider appropriate. After the Bonds
have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such
completions, omissions, insertions and changes in the Preliminary Official Statement not
inconsistent with this Resolution as are necessary or desirable to complete it as a final Official
Statement, execution thereof by the City Manager to constitute conclusive evidence of his approval
of any such completions, omissions, insertions and changes. The City shall arrange for the delivery
to the Underwriters of a reasonable number of copies of the final Official Statement, within seven
business days after the Bonds have been sold, for delivery to each potential investor requesting a
copy of the Official Statement and to each person to whom the Underwriters initially sell Bonds.
10. Official Statement Deemed Final. The City Manager is authorized, on behalf of the
City, to deem the Preliminary Official Statement and the Official Statement in final form, each to
be final as of its date within the meaning of Rule 15c2-12 (the "Rule") of the Securities and
Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement
of certain pricing and other information permitted to be omitted pursuant to the Rule. The
distribution of the Preliminary Official Statement and the Official Statement in final form shall be
conclusive evidence that each has been deemed final as of its date by the City, except for the
omission in the Preliminary Official Statement of such pricing and other information permitted to
be omitted pursuant to the Rule.
11. Preparation and Delivery of Bonds. After the Bonds have been awarded, the
officers of the City are authorized and directed to take all proper steps to have the Bonds prepared
and executed in accordance with their terms and to deliver the Bonds to the Underwriters upon
payment therefor.
12. Escrow Deposit Agreement. The City Manager, the City Treasurer and the Director
of Finance, or any of them, are authorized and directed to execute an escrow deposit agreement (the
"Escrow Agreement") between the City and Crestar Bank, Richmond, Virginia, which is hereby
appointed Escrow Agent (the "Escrow Agent"). The Escrow Agreement shall be in substantially the
form of the draft dated March 12, 1998, copies of which have been provided to the members of the
City Council, and shall provide for the deposit and investment of a portion of the Bond proceeds for
the defeasance of the Refunded Bonds. The Escrow Agreement shall be in such final form as
approved by the City Manager, the City Treasurer or the Director of Finance, in collaboration with
I 0
the City Attorney and the City's bond counsel, the execution thereof by the City Manager, the City
Treasurer or the Director of Finance to constitute conclusive evidence of such official's approval of
the Escrow Agreement. The Escrow Agreement shall provide for the irrevocable deposit of a portion
of the Bond proceeds in an escrow fund which shall be sufficient, when invested in noncallable,
direct obligations of the United States Government (the "Government Obligations"), to provide for
payment of principal of and premium, if any, and interest on the Reftmded Bonds; provided,
however, that such Bond proceeds shall be invested in such manner that none of the Bonds will be
"arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as
amended, and regulations issued pursuant thereto (the "Code"). The Escrow Agent is authorized and
directed to execute an initial and final subscription form for the purchase of the Government
Obligations and such other contracts and agreements necessary to provide for the defeasance of the
Refunded Bonds as are approved by the City Manager, the City Treasurer or the Director of Finance,
in collaboration with the City Attorney and the City's bond counsel.
13. Deposit of Bond Proceeds. The City Treasurer is authorized and directed (a) to
provide for the delivery of the refunding portion of the Bond proceeds to the Escrow Agent for
deposit in the escrow fund established by the Escrow Agreement, in an amount that will be
sufficient, together with the interest thereon when invested as provided in the Escrow Agreement,
(i) to pay when due the interest on the Refunded Bonds to the first date on which they may be
redeemed at the option of the City and (ii) to pay upon the earlier of maturity or redemption the
principal of the Refunded Bonds, plus any interest accrued and unpaid to such redemption date, plus
the applicable redemption premium, and (b) to provide for the deposit of the remaining proceeds of
the Bonds in a special account to be used to pay the costs of the Project, refunding the Refunded
Bonds and issuing the Bonds. The City Treasurer is further authorized and directed to take all such
further action as may be necessary or desirable in connection with the payment and refunding of the
Refunded Bonds.
14. Redemption of Refunded Bonds. The City Manager is authorized and directed to
determine which of the Refunded Bonds shall be refunded. The Refunded Bonds, if any, are
specifically and irrevocably called for redemption on the first applicable date when such Refunded
Bonds are callable prior to maturity. The Escrow Agreement shall provide for notice of redemption
to be given in accordance with the resolutions providing for the issuance of the Refunded Bonds to
the registered owners of the Refunded Bonds.
15. Arbitrage Covenants. (a) The City represents that there have not been issued, and
covenants that there will not be issued, any obligations that will be treated as part of the same issue
of obligations as the Bonds within the meaning of Treasury Regulations Section 1.1501(c).
(b) The City covenants that it shall not take or omit to take any action the taking or
omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148
of the Code, or otherwise cause interest on the Bonds to be includable in the gross income of the
registered owners thereof under existing laws. Without limiting the generality of the foregoing, the
City shall comply with any provision of law that may require the City at any time to rebate to the
United States any part of the earnings derived from the investment of the gross proceeds of the
Bonds, unless the City receives an opinion of nationally recognized bond counsel that such
compliance is not required to prevent interest on the Bonds from being includable in the gross
income of the registered owners thereof under existing law. The City shall pay any such required
rebate from its legally available funds.
16. Non-Arbitrage Certificate and Elections. Such officers of the City as may be
requested are authorized and directed to execute an appropriate certificate setting forth the expected
use and investment of the proceeds of the Bonds in order to show that such expected use and
investment will not violate the provisions of Section 148 of the Code, and any elections such officers
deem desirable regarding rebate of earnings to the United States, for purposes of complying with
Section 148 of the Code. Such certificate and elections shall be in such form as may be requested
by bond counsel for the City.
17. Limitation on Private Use. The City covenants that it shall not permit the proceeds
of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any
manner that would result in (a) 5% or more of such proceeds or the facilities financed or refinanced
with such proceeds being used in a trade or business carried on by any person other than a
governmental unit, as provided in Section 141 (b) of the Code, (b) 5% or more of such proceeds or
the facilities being financed or refinanced with such proceeds being used with respect to any output
facility (other than a facility for the furnishing of water), within the meaning of Section 141 (b)(4)
of the Code, or (e) 5% or more of such proceeds being used directly or indirectly to make or finance
loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code,
provided, however, that if the City receives an opinion of nationally recognized bond counsel that
any such covenants need not be complied with to prevent the interest on the Bonds from being
includable in the gross income for federal income tax purposes of the registered owners thereof
under existing law, the City need not comply with such covenants.
18. SNAP Investment Authorization. The City Council has received and reviewed the
Information Statement (the "Information Statement") describing the State Non-Arbitrage Program
of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage
Program Pool I (the "Contract"), and the City Council has determined to authorize the City Treasurer
to utilize SNAP in connection with the investment of the proceeds of the Bonds, if the City Manager
and the Director of Finance, in consultation with the City Treasurer, determine that the utilization
12
of SNAP is in the best interest of the City. The City Council acknowledges the Treasury Board of
the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection
with SNAP, except as otherwise provided in the Contract.
19. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer
or officers of the City as either may designate are hereby authorized and directed to execute a
continuing disclosure agreement setting forth the reports and notices to be filed by the City and
containing such covenants as may be necessary to assist the purchasers of the Bonds in complying
with the provisions of the Rule promulgated by the SEC. Such continuing disclosure agreement
shall be substantially in the form of the draft dated March 12, 1998, copies of which have been
provided to members of the City Council, with such completions, omissions, insertions and changes
that are not inconsistent with this Resolution.
20. Other Actions. All other actions of officers of the City and the City Council in
conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale
of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized
and directed to execute and deliver all certificates and instruments and to take all such further action
as may be considered necessary or desirable in connection with the issuance, sale and delivery of the
Bonds.
21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict
herewith are repealed.
22. Effective Date. This Resolution shall take effect immediately.
Adopted by the Council of the City of Virginia Beach, Virginia, this 24 day of March,
1998.
CA- 6953
DATA/ORDIN/NONCODE/98BOND.RPS
DATE PREPARED: 03/13/98
Rl
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Finance Department Department of Law
13
DRAFT
03112198 11:41 AAi 046831 0. 01
CITY OF VIRGWM BEACII, VIRGMA
GENERAL OBLIGATION PUBLIC MPROVEMENT
AND REFUNDING BONDS
SERIES OF 1998
BOND PURCHASE AGREEMENT
March 25, 1998
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Attention: City Manager
Ladies and Gentlemen:
The undersigned (the "Representative"), on behalf of the Underwriters set forth on the final
page hereof (the "Underwriters"), offer to enter into the following agreement with you (the
"Issuer") for the sale by you and the purchase by the Underwriters of the City of Virginia Beach,
Virginia General Obligation Public Improvement and Refunding Bonds, Series of 1998 (the
"Bonds"). Upon your acceptance of this offer and your execution and delivery of this Agreement,
this Agreement will be binding upon you and the Underwriters. This offer is made subject to your
acceptance, evidenced by your execution and delivery of this Agreement to the Underwriters at or
before 5:00 p.m., Virginia Beach, Virginia time, on this date, and, if not so accepted, will be
subject to withdrawal by the Underwriters upon written notice delivered to you at any time
thereafter before acceptance by you. Unless otherwise indicated, the capitalized terms used in this
Agreement have the meanings assigned to them in the Preliminary Official Statement dated
March 1998 (the "Preliminary Official Statement"), relating to the issuance of the Bonds.
1. Purchase and Sale.
1.1 Subject to the terms and conditions and in reliance upon the
representations, warranties and agreements set forth in this Agreement, the Underwriters jointly
and severally agree to purchase from you, and you agree to sell to the Underwriters when, as and
if issued, all, but not less than all, of the Bonds at the aggregate purchase price of S
(which reflects net original issue discount on the Bonds of $ and the Underwriters'
discount of $ on the Bonds) plus accrued interest of $ on the
Bonds from March 15, 1998 to the date of Closing, as hereinafter defined, less $
(which reflects delivery of the good faith deposit described below). The Bonds will mature on the
dates and in the amounts and bear interest at the rates set forth on the inside cover page of the
final Official Statement, dated today (which, together with all appendices and exhibits thereto as
cover page of the final Official Statement, dated today (which, together with all appendices and
exhibits thereto as included therein, is herein called the "Official Statement") of the Issuer
relating to the issuance of the Bonds.
2. Good Faith Deposit
The Representative has delivered to the Issuer, and the Issuer acknowledges receipt of, a
cashier's check or a wire transfer in the amount of $ (which the Issuer may cash
and invest) .
(a) At the Closing, the good faith deposit (with no credit for interest thereon)
will be deducted from the amount payable by the Underwriters with respect to the purchase price
of the Bonds (and applied by the Issuer as proceeds of the Bonds);
(b) If the Issuer fails to deliver the Bonds at the Closing, or if the Issuer is
unable on or before the Closing to satisfy the conditions to the obligations of the Underwriters
contained in this Agreement, or if the obligations of the Underwriters are terminated for any
reason permitted by this Agreement, the good faith deposit (with no credit for interest thereon)
will be returned to the Representative; or
(c) If the Underwriters fail (other than for a reason pemiitted in this
Agreement) to accept and pay for the Bonds upon their tender by the Issuer as provided in this
Agreement, the good faith deposit will be retained by the Issuer as and for full liquidated
damages for the failure and for any and all defaults on the part of the Underwriters, and the
delivery of the good faith deposit will constitute satisfaction, and will result in full release and
discharge, of all claims and damages for the failure and for any and all defaults.
3. Concurrent Matters.
3.1 Upon your acceptance, execution and delivery of this Agreement, you will
deliver to the Underwriters two copies of the Preliminary Official Statement marked to include
such changes as shall have been accepted by the Representative (such acceptance to be
conclusively evidenced by the Representatives execution and delivery on this Agreement) and
are necessary or desirable to reflect the terms of this Agreement and to complete the document as
an Official Statement in final form duly executed by your City Manager.
3.2 Your acceptance, execution and delivery of this Agreement will constitute
your acknowledgement that the Underwriters (1) propose to make a bona fide public offering of
the Bonds at the initial public offering prices or yields set forth in the Official Statement, (2) may
effect transactions that stabilize or maintain the market price of the Bonds at a level above that
which might otherwise prevail in the open market and may discontinue the stabilization, if
commenced, at any time, and (3) may change the offering prices of the Bonds from time to time
and may offer the Bonds to certain dealers at prices lower than the public offering prices shown
on the inside cover of the Official Statement.
2
3.3 Your acceptance, execution and delivery of this Agreement will constitute
(1) your consent and authorization to the use by the Underwriters, in connection with the public
offering and sale of the Bonds, of copies of the Official Statement, including any supplements or
amendments to it, and (2) your ratification of the use by the Underwriters in connection with the
offering of the Bonds of the Preliminary Official Statement and the information contained in it.
3.4 Upon your acceptance of this Agreement, you will deliver or cause to be
delivered to the Underwriters a copy of the resolution adopted by the City Council of the City of
Virginia Beach, Virginia (the "Council"), on March 24, 1998, authorizing the issuance and sale
of the Bonds, the award of the sale of the Bonds to the Underwriters and the execution and
delivery of this Agreement (the "Authorizing Resolution"), certified by the City Clerk to have
been duly adopted by the Council and to be in full force and effect as of this date.
4. Closing: Delivery of Bonds.
At 10:00 a.m., Virginia Beach, Virginia time, on April 15, 1998, or such other time and
date as the Issuer and the Representative may agree in writing (the "Closing" or "Closing Date"),
the Issuer will cause the Bonds to be delivered to the Underwriters at the offices of The
Depository Trust Company, New York, New York ("DTC"). The Bonds will be in typewritten
form, with one Bond per each maturity. The other documents mentioned in this Agreement will
be delivered on the Closing Date at the offices of Hunton & Williams in Richmond, Virginia, or
such other place as the Underwriters and the Issuer may mutually agree. On the Closing Date,
the Underwriters will pay the purchase price of the Bonds (plus accrued interest and less the
amount of the good faith deposit) by wire transfer of federal funds payable to the order or
account of the Issuer. Notwithstanding the foregoing, if the Issuer prepares an amendment or
supplement to the Official Statement pursuant to subsection (f) of Section 6, the Closing may be
postponed by the Representative to the tenth business day after the preparation of the amendment
or such other time as the Representative and the Issuer determine. The Bonds will be delivered
to DTC registered in the name of Cede & Co., or such other name as DTC may request, at least
two business days before the Closing. It is anticipated that CUSIP identification numbers will be
printed on the Bonds, but neither the failure to print the numbers on any Bond nor any error in
the numbers or the printing will constitute cause for a failure or refusal by the Underwriters to
accept delivery and pay the purchase price of the Bonds.
5. Representations and Warranties.
5.1 The Issuer makes the following representations and warranties to the
Underwriters on this date and as of the Closing Date:
(a) The Issuer is duly organized pursuant to its Charter and is a
political subdivision of the Commonwealth of Virginia and has all power and authority granted
to cities under the Constitution and laws of Virginia, including, in particular, the Public Finance
Act of 1991, Chapter 26, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act").
3
(b) The Issuer has full power and authority to (1) execute and deliver
this Agreement and the Official Statement, (2) adopt the Authorizing Resolution and approve
and authorize the distribution of the Preliminary Official Statement and the Official Statement,
(3) issue the Bonds in the maimer contemplated by the Authorizing Resolution and the Official
Statement, and (4) otherwise consummate all of the actions contemplated under this Agreement,
the Authorizing Resolution and the Official Statement to be consummated by the Issuer. The
Issuer has taken or will take all action required by the Act and other applicable laws in
connection with the foregoing.
(c) The Issuer has duly authorized the (1) execution and delivery of'
this Agreement and the Official Statement, (2) distribution of the Preliminary Official Statement
and the Official Statement, and (3) consummation of all of the transactions contemplated under
this Agreement, the Authorizing Resolution and by the Official Statement to be consun-tmated by
the Issuer.
(d) The execution and delivery of, and the performance of the
obligations of the Issuer under, this Agreement, the Authorizing Resolution and the Official
Statement, and the issuance and sale of the Bonds and the compliance with the terms thereof
under the circumstances contemplated hereby and thereby are within the corporate powers of the
Issuer and will not conflict with, or constitute a breach, or result in a violation of (1) the Act or
any ordinance of the Issuer or the Issuer's Charter, (2) any federal or Virginia constitutional or
statutory provision, (3) in any material respect, any agreement or other instrument to which the
Issuer is a party or by which it is bound, or (4) in any material respect, any order, rule, regulation,
decree or ordinance of any court, govenunent or govenunental authority having jurisdiction ovei
the Issuer or its property or to which the Issuer or its property is subject.
(e) No consent, approval, authorization or order of or filing or
registration with any govenimentai or regulatory authority ("Consents") is required to be
obtained by the Issuer as a condition precedent to the issuance of the Bonds or the execution and
delivery by the Issuer of this Agreement or the Official Statement or the distribution of the
Preliminary Official Statement (provided no representation or warranty is expressed as to any
action required under federal or state securities or "blue sky" laws in connection with the
purchase or distribution of the Bonds by the Underwriters) or the performance of the Issuees
obligations thereunder.
(f) Except as described in the Official Statement, there is no litigation
at law or in equity or any proceeding before any governmental agency pending or, to the
knowledge of the Issuer, threatened with respect to (1) the existence of the Issuer, (2) its
authority under the Act or otherwise to execute and deliver this Agreement, the Official
Statement or the Bonds, (3) the validity or enforceability of any such instruments, including the
Authorizing Resolution or the transactions contemplated by them or which seek to restrain or
enjoin the issuance or delivery of any of the Bonds, (4) the title of the officers who executed or
will execute such instruments, (5) any authority or proceedings relating to the execution and
delivery of any such instniments by the Issuer, (6) the ability of the Issuer to pledge its full faith
and credit backed by its taxing power as described in the Official Statement to provide for
4
payment of principal of or premium, if any, or interest on the Bonds, (7) the completeness or
accuracy of the Official Statement, or (8) the exclusion of interest on the Bonds from Virginia or
federal income taxation.
(g) The Bonds will conform in all material respects to the descriptions
thereof contained in the Official Statement, and when executed by the Issuer and delivered to and
paid for by the Underwriters in accordance with the terms of this Agreement, the Bonds (1) will
have been duly authorized, executed and issued, (2) will constitute legal, valid and binding
general obligations of the Issuer enforceable in accordance with their terms, except as limited by
bankruptcy, insolvency, reorganization, moratorium and similar laws and usual equity principles,
and (3) will be secured by the Issuer's full faith and credit as more particularly described in the
Official Statement.
(h) The Issuer is not in default in the payment of the principal of or
interest on any of its indebtedness for borrowed money and is not in default in any material
respect under any document or instrument under and subject to which any indebtedness for
borrowed money has been incurred which default would affect materially and adversely the
transactions contemplated by this Agreement. No event has occurred or is continuing under the
provisions of any such document or instrument that, with the lapse of time or the giving of
notice, or both, would constitute an event of default thereunder, which event of default would
affect materially and adversely the transactions contemplated by this Agreement.
(i) The Issuer is not in violation of the Act or, in any material respect,
any existing law, rule or regulation applicable to it, which violation would affect materially and
adversely the execution and delivery by the Issuer of this Agreement or the transactions
contemplated by this Agreement. The Issuer is not in default under any indenture, mortgage,
deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument
or restriction of any kind to which the Issuer is a party or by which it is bound or to which any of
its assets are subject, which violation or default would affect materially and adversely the
execution and delivery by the Issuer of this Agreement or the transactions contemplated by this
Agreement.
The information, including all appendices and attachments in the
Official Statement (except for information relating to "Yields" or "Prices" of the Bonds and
contained under the section headings "Book-Entry-Only System" and "Tax Exemption" and
except for stabilization language on the table of contents page thereof and the opinion in
Appendix B) is as of its date and will be as of the date of Closing true and correct and does not
and will not contain any untrue statement of a material fact or omit to state a material fact that is
necessary to make the statements made, in light of the circumstances under which they were
made, not misleading.
(k) The Preliminary Official Statement heretofore delivered to the
Underwriters was deemed final by the Issuer as of its date, except for the omission of such
information permitted by Rule 15c2-12 of the Securities and Exchange Commission (the "Rule").
5
(1) The Issuer has duly adopted the Authorizing Resolution.
(m) This Agreement (1) has been duly authorized, executed and
delivered and (2) constitutes a legal, valid and binding obligation of the Issuer enforceable in
accordance with its terms, except as limited by bankruptcy, insolvency, reorganization,
moratorium and similar laws and usual equity principles.
(n) The audited financial report of the Issuer for the year ended
June 30, 1997, included in the Official Statement, presents fairly the financial position of the
Issuer as of the date indicated and the results of the Issuer's operations for the period specified,
and such financial report and statements have been prepared in accordance with generally
accepted accounting principles consistently applied in all material respects to the period
involved, except as otherwise stated in the notes thereto. There has been no material change in
the general @ffairs, management, properties, financial position, or results in operation of the
Issuer since the date of such financial statements, except as set forth in the Official Statement.
5.2 The Underwriters represent and warrant that they will make a bona fide
public offering of the Bonds, that the Bonds will only be offered pursuant to the Official
Statement and only in states where the offer is legal and that a copy of the Official Statement will
be delivered to each purchaser of the Bonds no later than the settlement of the transaction with
such purchaser. The Underwriters further represent and warrant that, in connection with the
initial public sale of the Bonds by them, they will file a copy of the final Official Statement with
the Municipal Securities Rulemaking Board (the "MSRB") and each Nationally Recognized
Municipal Securities Information Repository.
5.3 Each of the representations and warranties set forth in this Section will
survive the Closing.
5.4 Any certificate signed by any of the Issuer's officials and delivered to the
Underwriters in connection with the delivery of the Bonds will be deemed to be a representation
and warranty by the Issuer to the Underwriters as to the statements made in this Agreement, and
any certificate signed by the Underwriters and delivered to the Issuer in connection with the
delivery of the Bonds will be deemed to be a representation and warranty by the Underwriters to
the Issuer as to the statements made in this Agreement.
6. Covenants.
The Issuer covenants with the Underwriters that:
(a) The Issuer will cause to be made available to the Underwriters such
reasonable quantities (not to exceed 25) of the Authorizing Resolution as the Underwriters may
request for use in connection with the offering and sale of the Bonds and will cooperate with the
Underwriters to make reasonable quantities of the final Official Statement available to the
Underwriters within 7 business days of this date and in sufficient quantities as the Underwriters
may request to enable it to comply with the Rule and the rules of the MSRB.
6
(b) The Issuer will apply the proceeds from the sale of the Bonds (including
the good faith deposit) as provided in and subject to all of the terms and provisions of the
Authorizing Resolution and the Official Statement and will not take or omit to take any action
which action or omission will adversely affect the exclusion from gross income for federal or
Virginia income tax purposes of the interest on the Bonds.
(c) The Issuer will fumish such information and execute such instnunents and
take such action in cooperation with the Underwriters as the Underwriters may reasonably
request (1) to (A) qualify the Bonds for offer and sale under the "blue sky" or other securities
laws and regulations of such states and other jurisdictions in the United States as the
Underwriters may designate and (B) determine the eligibility of the Bonds for investment under
the laws of such states and other jurisdictions and (2) to continue such qualifications in effect so
long as required for the distribution of the Bonds; provided, however, that the Issuer will not be
required to qualify as a "foreign corporation" or to file any general consent to service of process
under the laws of any state or to comply with any other requirements deemed by the Issuer to be
unduly burdensome. The Issuer consents to the use of the Preliminary Official Statement and
Official Statement in connection with the foregoing.
(d) The Issuer will advise the Underwriters immediately of receipt by the
Issuer of any notification with respect to the suspension of the qualification of the Bonds for sale
in any jurisdiction or the initiation or threat of any proceeding for that purpose.
(e) If the Official Statement is supplemented or amended pursuant to
subsection (f) of this Section 6, at the time of each supplement or amendment thereto and (unless
subsequently supplemented or amended pursuant to such subsection) at all times subsequent
thereto up to and including the Closing Date, the Official Statement as so supplemented or
amended will not contain any untrue statement of a material fact or omit to state a material fact
required to be included therein for the purpose for which the Official Statement, as supplemented
or amended, is to be used or which is necessary in order to make the statements therein, in light
of the circumstances under which they were made, not misleading.
(f) Until 25 days after the End of the Underwriting Period (hereinafter
defined), the Issuer will notify the Representative of any event of which it is aware which affects
the Issuer and which, in its reasonable judgment after due inquiry, might affect the correctness or
completeness of any statement of material fact contained in the Official Statement. If, as a result
of such event or any other event, it is necessary, in the reasonable opinion of the Representative
after discussion with the Issuer, to amend or supplement the Official Statement to make the
statements therein, in the light of the circumstances under which they were made, not misleading
and the Representative shall have so advised the Issuer, the Issuer agrees that it will promptly
prepare and fiu-nish to the Underwriters (at the expense of the Issuer) a reasonable number of
copies of an amendment of or a supplement to the Official Statement that will amend or
supplement the Official Statement in a form and manner reasonably acceptable to the
Representative. Any information supplied by the Issuer for inclusion in any such amendment or
supplement to the Official Statement will not contain any untrue or misleading statement of a
7
material fact or omit to state any material fact necessary to make the statements therein, in the
light of the circumstances under which they were made, not misleading. For purposes of this
Agreement, the term "End of the Underwriting Period" shall be the later of the Closing Date or
when a participating Underwriter no longer retains (directly or as a syndicate member) an unsold
balance of the Bonds for sale to the public; provided, however, that the "End of Underwriting
Period" shall be the Closing Date unless the Representative otherwise advises the Issuer in
writing, in which case the underwriting period will extend for the lesser of thirty (30) days or the
date on which the Underwriters no longer have an unsold balance of the Bonds (the Underwriters
shall give notice to the Issuer of such date if less than thirty (30) days after Closing. The
Underwriters will use their best efforts to end the underwriting period as soon as possible. Prior
to the End of the Underwriting Period, the Issuer will provide the Representative with such
information concerning the Issuer's financial condition and ongoing operations as the
Representative shall reasonably deem material and such other information concerning the Issuer
as the Underwriters may reasonably request.
(g) The Issuer will (1) take all action necessary, including execution of a letter
of representations to DTC to qualify the Bonds for book-entry registration and delivery through
DTC, and (2) deliver authenticated Bonds to DTC at the time and place provided in Section 4 of
this Agreement.
(h) The Issuer will not take or omit to take any action which, under existing
law, adversely affects the exemption from federal or Commonwealth of Virginia income taxation
of the interest on the Bonds.
7. Conditions of Closing.
7.1 The Underwriters have entered into this Agreement in reliance upon the
representations, warranties, covenants and agreements of the Issuer contained in it, and in
reliance on the documents and instruments to be delivered at the Closing and on the performance
by the Issuer of its obligations under this Agreement, both as of this date and as of the date of the
Closing. Accordingly, the obligation of the Underwriters to consummate the transactions
contemplated in - this Agreement at the Closing are conditioned upon the performance by the
Issuer of its obligations to be performed under this Agreement and under such documents and
instruments at or before Closing, and is subject to the satisfaction (unless waived in writing) of
the following conditions:
(a) There shall be no material error, misstatement or omission in the
representations and warranties made by the Issuer in this Agreement, which representations and
warranties will be deemed to have been made again at and as of the time of the Closing and will
then be true in all material respects and the statements made in all certificates and other
documents delivered to the Underwriters at the Closing pursuant hereto shall not be materially
inaccurate at Closing; and the Issuer shall be in compliance with each of the agreements made by
it in this Agreement.
8
(b) The Authorizing Resolution, the Act and this Agreement will be in
full force and effect and will not have been amended, modified or supplemented, and the Official
Statement will not have been supplemented or amended, except as may have been agreed or
consented to by the Underwriters.
(c) At the time of the Closing, all official action of the Issuer relating
to this Agreement, the Bonds and the Authorizing Resolution will be in full force and effect and
will not have been amended, modified or supplemented except as otherwise agreed to by the
Underwriters.
(d) At the time of the Closing, there will have been no material
adverse change or any material development involving a prospective change, in the condition,
financial or otherwise, of the Issuer from that set forth in the Official Statement that in the
reasonable judgment of the Underwriters makes it impracticable to market the Bonds on the
terms and in the manner contemplated in the Official Statement.
(e) The Underwriters will have received the Official Statement, and
each supplement or amendment, if any, to it, executed on behalf of the Issuer by the City
Manager of the Issuer.
(f) The Underwriters will have received from Bond Counsel an
approving opinion, dated the Closing Date, in substantially the form set forth in Exhibit B to the
Official Statement.
(g) The Underwriters will have received from Bond Counsel a
supplemental opinion or opinions, dated the Closing Date, in substantially the form of Exhibit A.
(h) The Underwriters will have received from the City Attorney, as
counsel to the Issuer, an opinion, dated the Closing Date, in substantially the form of Exhibit B.
(i) The Underwriters will have received from Kaufman & Canoles,
P. C., counsel to the Underwriters, an opinion, dated the Closing Date, in form and substance
reasonably satisfactory to them.
(j) The Underwriters will have received a certificate, dated the
Closing Date, reaffirming the representations and warranties of the Issuer herein signed by the
City Manager of the Issuer and the Director of Finance of the Issuer in substantially the form of
Exhibit C.
(k) The Underwriters will have received a certificate of the City
Manager of the Issuer and the Director of Finance, setting forth facts, estimates and
circumstances (including covenants of the Issuer) in existence on the Closing Date sufficient to
support the conclusion that it is not expected that the proceeds of the Bonds will be used in a
manner that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of
the Internal Revenue Code of 1986, as amended, and applicable rules and regulations.
9
(1) The Underwriters will have received certificates of the Issuer and
the Escrow Agent (hereinafter defined), in each case as to the receipt of a portion of the payment
for the Bonds.
(m) The Underwriters will have received confirmations of ratings from
Moody's Investors Service, Inc. and Standard & Poor's Corporation indicating the Bonds have
been rated "Aa" and "AA", respectively, which ratings will remain in effect on the Closing Date.
(n) The Underwriters will have received certified copies of the
Authorizing Resolution.
(o) The Underwriters will have received a fully executed copy of the
Escrow Deposit Agreement, dated as of the Closing Date, between the Issuer and
, as Escrow Agent (the "Escrow Agent"), providing for the defeasance of the
Reftinded Bonds with a portion of the proceeds of the Bonds, including the related verification
report of (the "Verification Report") in form and substance
reasonably acceptable to the Underwriters.
(p) The Underwriters will have received such additional legal
opinions, certificates and other evidence as the Underwriters or Bond Counsel reasonably may
deem necessary to evidence the truth and accuracy as of the Closing Date of the Issuer's
representations and warranties contained in this Agreement and the Official Statement and the
due performance and satisfaction by the Issuer at or before the Closing Date of any agreements
then to be performed and all conditions then to be satisfied by the Issuer.
7.2 If any of the conditions set forth in Section 7.1 have not been met on the
Closing Date, the Underwriters may, at their sole option, terminate this Agreement. If this
Agreement is terminated pursuant to this Section, neither party will have any rights or
obligations to the other, except as provided in Section 10.
8. Actions and Events at the Closing.
At the Closing, (1) the Issuer: (A) will deliver the Bonds to DTC duly executed by the
Issuer in accordance with Section 4; (B) will deliver to the Underwriters at the place of Closing
identified in Section 4, or at such other place or places as the Issuer and the Underwriters
mutually agree, the items described in Section 7.1; and (C) will deliver to the Escrow Agent in
good funds the cash contribution amount necessary, when added to the proceeds of the Bonds
delivered to the Escrow Agent by the Underwriters pursuant to Section 4, to complete the
defeasance of the Refunded Bonds in accordance with the Verification Report, and (2) the
Underwriters will deliver to the Issuer payment for the Bonds as provided in Section 4.
10
9. Termination of Agreement.
The Underwriters have the right to terminate the Underwriters' obligations under this
Agreement, without liability, by notifying the Issuer at any time after the date of this Agreement
and before Closing if:
(a) (1) Legislation (including any amendment) has been introduced in or
adopted by either- House of the Congress of the United States or favorably reported for passage to
either House of the Congress by any Committee of such House or recommended to the Congress
for passage by the President of the United States, or (2) a decision has been rendered by a court
of the United States or by the United States Tax Court, or (3) an order, official statement, ruling
or regulation (final, temporary or proposed) has been made by or on behalf of the Treasury
Department of the United States or the Internal Revenue Service or any other agency of the
United States, or (4) a release or official statement has been issued by the President of the United
States or by the Treasury Department of the United States or by the Internal Revenue Service, the
effect of which, in any such case described in clause (1), (2), (3), or (4) would be to impose,
directly or indirectly, federal income taxation upon interest received on obligations of the general
character of the Bonds or upon income of the general character to be derived by the Issuer, other
than as imposed on the Bonds and income from them under the federal tax laws in effect on this
date, in such a manner as in the reasonable judgment of the Underwriters would materially and
adversely affect the marketability or the market price of obligations of the general character of
the Bonds or their ability to enforce contracts for the sale of the Bonds;
(b) (1) The Constitution of the Commonwealth of Virginia is amended or
an amendment is proposed, or (2) legislation is enacted, or (3) a judicial decision has been
rendered as to matters of Virginia law, or (4) any order, ruling or regulation has been issued or
proposed by or on behalf of the Commonwealth of Virginia by any of its officials, agencies or
departments affecting the tax status of the Issuer, its property or income, its notes or bonds
(including the Bonds) or the interest on them, which in the reasonable judgment of the
Underwriters would materially and adversely affect the marketability or the market price of the
Bonds;
(c) Any fact or event exists or has existed that, in the Underwriters' reasonable
judgment, requires or has required an amendment of or supplement to the Official Statement
under the terms of this Agreement which has not been completed to the Underwriters' reasonable
satisfaction;
(d) There has occurred any outbreak or escalation of hostilities or any change
in financial markets or any local, national or international calamity or crisis, the effect of which,
in the Underwriters' reasonable judgment, would materially and adversely affect the
marketability or the market price of the Bonds;
(e) (1) A general suspension of trading on the New York Stock Exchange
has occurred and is in force or minimum or maximum prices for trading have been fixed and are
in force or maximum ranges for prices for securities have been required and are in force on the
I
New York Stock Exchange, whether by virtue of a determination by such Exchange or by order
of the Securities and Exchange Commission or any other governmental authority, or (2) a
suspension of trading has occurred and is in force by order of the Securities and Exchange
Commission which in the reasonable judgment of the Underwriters would materially and
adversely affect the marketability or market price of the Bonds;
(f) A general banking moratorium has been declared by either federal, State
of New York or Commonwealth of Virginia authorities and is in force;
(g) Legislation has been enacted by the federal government or the
Conunonwealth of Virginia, a decision of any federal or Commonwealth of Virginia court has
been made, or a ruling or regulation (proposed, temporary or final) of the Securities and
Exchange Conunission or other governments] agency has been made or issued that, in the
reasonable opinion of Counsel for the Underwriters, has the effect of (1) requiring the
contemplated distribution of the Bonds or any agreement offered in connection with them to be
registered under the Securities Act of 1933, as amended, or (2) making the issuance and sale of
the Bonds as contemplated by this Agreement illegal;
(h) The purchase of and payment for the Bonds by the Underwriters or the
sale of the Bonds to the Underwriters or their resale or reoffering by the Underwriters, on the
terms and conditions provided in this Agreements, is prohibited by any applicable law,
governmental authority, board, agency or commission;
(i) The "blue sky" or securities commission of any State the United States has
withheld registration, exemption, or clearance of the offering of the Bonds because of a change
in, or interpretation of, law after the date of this Agreement, and, in the reasonable judgment of
the Underwriters, the effect of the withholding will materially and adversely affect the market
price or marketability of the Bonds, or the ability of the Underwriters to enforce contracts for the
sale of the Bonds;
(j) Additional material restrictions not in force on the date of this Agreement
have been imposed on trading in securities generally or by a governmental authority or the
national association of securities dealers; or
(k) Any amendment of or supplement to the Official Statement is distributed
as to actions or events not contemplated by the Preliminary Official Statement (whether or not
such amendment or supplement was approved by the Underwriters prior to its distribution) that,
in the reasonable opinion of the Underwriters, has a material and adverse effect upon the ability
of the Underwriters to sell the Bonds at the contemplated offering prices.
10. Expenses.
The Underwriters are under no obligation to pay, and the Issuer will cause to be paid all
expenses incident to the performance of its obligations under this Agreement, including, but not
limited to, (1) the cost of the printing or other reproduction (for distribution before, on, or after
12
the date of acceptance of this Agreement) of the Preliminary Official Statement and the Official
Statement, in reasonable quantities for distribution to potential purchasers (in the case of the
Preliminary Official Statement) and to purchasers (in the case of the Official Statement) and as
required by the Rule, (2) charges made by rating agencies for the rating of the Bonds, (3) the cost
of preparing the definitive Bonds, (4) the fees and disbursements of Bond Counsel, the Issuer's
Financial Advisors, the Escrow Agent, the verification agent, KPMG Peat Marwick and any
other experts, advisors or consultants retained by the Issuer, (5) the costs of paying all agents,
transfer agents and bond registrars, (6) the Representative's costs of funds incurred for the
amount of the good faith deposit delivered in accordance with Section 2 of this Agreement (with
no credit for interest thereon), and the fees and expenses of any wire transfers made pursuant to
Section 4 of this Agreement, (7) the costs of qualifying the Bonds for sale in various states
chosen by the Underwriters, and (8) the fees and expenses, including travel expenses, incurred by
the Issuer in connection with the issuance, sale and delivery of the Bonds. The foregoing
notwithstanding, the Underwriters shall be responsible for the fees and expenses of their counsel
and the Underwriters' travel, telephone, advertising and similar incidental expenses.
11. Indemnity of Issuer by Underwriters.
(a) The Underwriters will indemnify and hold harrniess the Issuer against any
losses, claims, damages or liabilities to which the Issuer may become subject under federal laws
or regulations or otherwise, to the extent and only to the extent that any such losses, claims,
damages or liabilities result because a copy of the Official Statement was not sent or given to the
person (so asserting such losses, claims, damages or liabilities) who purchased Bonds from the
Underwriters in connection with the initial distribution by the Underwriters. The Underwriters
will reimburse the Issuer for any legal or other expenses reasonably incurred in connection with
investigating or defending any such loss, claim, damage, liability or action. The Underwriters
shall not be responsible to the Issuer nor indemnify the Issuer for any such failure of any selling
group members or selling concern. This indemnity agreement will be in addition to any liability
which the Underwriters otherwise may have.
(b) If any litigation is conunenced or threatened against the Issuer under
subsection (a) hereof, the Issuer shall promptly notify the Underwriters in writing, but failure to
notify the Underwriters thereof shall not relieve them from any liability that they may have
whether on account of this indemnity or otherwise. The Underwriters shall promptly assume the
investigation, preparation and defense of all such litigation or action, including the employment
of counsel acceptable to the indemnified party, the payment of fees and expenses and the right to
negotiate and consent to settlement. The Issuer shall have the right to make its own investigation
or employ separate counsel, but the fees and expenses of such investigation or counsel shall be at
the expense of the Issuer unless such investigation or the employment of such counsel has been
specifically authorized by the Underwriters.
13
12. Miscellaneous.
(a) All notices, demands and formal actions under this Agreement will be in
writing and mailed, telecopied or delivered to the following address or such other address as
either of the parties shall specify:
(i) If to the Underwriters:
PaineWebber Incorporated
1285 Avenue of the Americas
New York, New York 10019
Attention: Robert A. Kinney
(ii) If to the Issuer:
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Attention: City Manager
(b) This Agreement will inure to the benefit of and be binding upon its parties
and their successors and assigns and does confer any rights upon any other person. The terms
"successor" and "assigns" do not include any purchaser of any of the Bonds from the
Underwriters merely because of such purchase.
(c) This Agreement may not be assigned by the Issuer or the Underwriters.
(d) If any provision of this Agreement is held or deemed to be or is, in fact,
inoperative, invalid or unenforceable as applied in any particular case in any jurisdiction or
jurisdictions, Us will not have the effect of rendering the provision in question inoperable or
unenforceable in any other case or circumstances or of rendering any other provision of this
Agreement invalid, inoperative or unenforceable to any extent whatsoever.
(e) This Agreement will be governed by and construed in accordance with the
laws of the Commonwealth of Virginia.
14
(D This Agreement may be executed in several counterparts, each of which
will be regarded as an original and all which will constitute one and the same document.
Very truly yours,
PAINEWEBBER INCORPORATED, on behalf of
itself and the below-listed Underwriters
By:
Authorized Officer
By our acceptance of this Agreement,
given this date, we agree to be bound
by the provisions of this Agreement
that relate to us
CITY OF VIRGINIA BEACH, VI[ILG@
By:
City Manager
Time:
UNDERWRITERS:
PAINEWEBBER INCORPORATED
CRAIGIE INCORPORATED
DAVENPORT & CONVANY, LLC
THE ATRENUS GROUP
M. R. BEAL
SOLOMON SMITH BARNEY
1 5
Exhibit A
[See Attached Supplemental Opinion of Bond Counsel]
[Supplemental Opinion of Bond Counsel]
April 15, 1998
PaineWebber incorporated
Craigie Incorporated
Davenport & Company, LLC
The Atrenis Group
M R. Beal
Solomon Smith Barney
City of Virginia Beach, Virginia
General Obligation Capital Improvement
and Refunding Bonds, Series of 1998
Ladies and Gentlemen:
Reference is made to our opinion delivered today as Bond Counsel in connection with the
issuance by the City of Virginia Beach, Virginia (the "City") of its $
General Obligation Capital Improvement and Refunding Bonds, Series of 1998 (the "Bonds"). We
hereby advise you that we now deliver such opinion for your benefit, as well as for the benefit of
the City, and you are entitled to rely upon such opinion as if it were addressed to you.
At your request, we have reviewed a Bond Purchase Agreement dated March 25, 1998
(the "Bond Purchase Agreement"), between you and the City, certified copies of proceedings of
the City with respect to the Bond Purchase Agreement and certain sections described below of the
Official Statement of the City dated March 25, 1998, relating to the Bonds (the "Official
Statement"), as well as such agreements, instruments, opinions, certificates and other documents
as we have deemed necessary for purposes of the advice contained in this letter. We have not
verified and are not passing upon, we do not assume any responsibility for, and we have made no
independent investigation regarding the accuracy or completeness of the statements contained in
the Official Statement, except to the extent indicated in paragraph 3.
On the basis of the foregoing, we advise you as follows:
1. In our opinion, the Bonds are exempt from the registration requirements of the
Securities Act of 1933, as amended, pursuant to section 3 (a) (2) thereof, and the Authorizing
Resolution (as such term is defined in the Bond Purchase Agreement) is not required to be
qualified as an indenture under the Trust Indenture Act of 1939, an amended.
2. In our opinion, the Bond Purchase Agreement has been duly authorized, executed
and delivered by the City, and, assuming the due authorization, execution and delivery thereof by
you, constitutes a valid and binding obligation of the City enforceable against the City in
accordance with its terms, except as enforreability thereof may be limited by bankruptcy,
A-1
insolvency, reorganization, moratorium and other laws affecting the rights of creditors generally
and by principles of equity, whether considered at law or in equity.
3. The statements relating to the Bonds and the summaries of documents, statutes
and opinions contained under the captions of the Official Statement "Section One: Introduction"
(only as to matters contained under the subcaptions "The Bonds" and "Optional Redemption")
and "Section Two: The Bonds" (except for the subcaptions "Book-Entry-Orily-System" and
"Litigation," as to which no opinion is expressed), fairly and accurately summarize the material
provisions of the Bonds, the Authorizing Resolution and the documents, statutes and opinions
referred to therein. Furthermore, we wish to advise you that in the course of such review, nothing
has come to our attention that would lead us to believe that such statements contain any untrue
statement of a material fact or oniit to state any material fact necessary to make such statements,
in light of the circumstances under which they were made, not misleading.
Very truly yours,
A-2
Exhibit-B
[See Attached Opinion of Issuer Counsel]
April @ 1998
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456-9004
PaineWebber Incorporated
on behalf of a group of
underwriters
1285 Avenue of the Americas
New York, NY 100 1 9
City of Virginia Beach, Virginia
$ General Obligation Capital Improvement and Refunding Bonds
Series of 1998 (the "Bonds")
Ladies and Gentlemen:
I am the City Attorney of the City of Virginia Beach (the "City") in the Commonwealth of
Virginia. In connection with the issuance by the City of the above-referenced bonds (the
"Bonds"), being issued (a) to refund certain outstanding bonds of the City as described in the
Resolution, hereinafter defined (the "Refunded Bonds") and (b) to finance certain improvement
projects (the "Projects"), I have examined the following:
(i) The Constitution and statutes of the Commonwealth of Virginia, including the City
Charter and the Public Finance Act of 1991 (the "Act") and such applicable court decisions as I
have deemed necessary or relevant for the purpose of the opinions set forth below.
(ii) Certified copy of a resolution duly adopted by the City Council on March 24, 1998
(the "Resolution"), authorizing the issuance and sale of the Bonds for the purposes of refunding
the Refunded Bonds and financing costs of the Projects and authorizing among other things the
execution and delivery of
(a) The Bond Purchase Agreement, dated April 25, 1998 (the "Bond Purchase
Agreement"), between the City and PaineWebber Incorporated, on behalf of a group of
underwriters.
(b) The Escrow Deposit Agreement, dated as of 1998 (the
"Escrow Deposit Agreement"), between the City and -- I as
escrow agent.
B-1
(iii) The Preliminary Official Statement of the City dated March , 1998, and the
Official Statement dated April 25, 1998 (collectively, the "Official Statement") with respect to the
offering of the Bonds.
(iv) An executed copy of the Bond Purchase Agreement.
Based upon and subject to the foregoing and upon such other information and documents
as I consider necessary for the purpose of rendering this opinion, I am of the opinion that:
1. The City is a duly organized Virginia municipal corporation and has all necessary
power and authority to construct the Projects, authorize and issue the Bonds and to enter into and
perform its obligations under the Bond Purchase Agreement and the Escrow Deposit Agreement.
2. The Resolution has been duly adopted by the City and is in full force and effect and
constitutes a valid and binding obligation of the City enforceable in accordance with its terms,
except to the extent that the enforceability thereof may be limited by bankruptcy, insolvency,
reorganization, moratorium and other laws affecting the rights of creditors generally and
principles of equity, whether considered at law or in equity.
3. The City has duly performed all obligations to be performed by it pursuant to the
Resolution, the Bond Purchase Agreement and the Escrow Deposit Agreement on or prior to the
date hereof
4. The Bond Purchase Agreement and the Escrow Deposit Agreement have been
duly authorized, executed and delivered by the City and each constitutes a valid and binding
agreement of the City enforceable in accordance with its terms, except to the extent that the
enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium and
other laws affecting the rights of creditors generally and principles of equity, whether considered
at law or in equity,
5. The authorization execution and delivery of the Bond Purchase Agreement and
the Escrow Deposit Agreement and compliance with the provisions thereof are within the
corporate powers of the City and do not and WHI not conflict with or constitute a violation of,
breach of, or default under (1) the City Charter, (2) any federal or Virginia constitutional
provision or any other provision of Virginia law, (3) to the best of my knowledge after due
investigation, any agreement or other instrument to which the City is a party or by which the City
is bound, or (4) to the best of my knowledge after due investigation, any order, rule or regulation
of any court or governmental agency or body having jurisdiction over the City or any of its
properties.
6. There is no litigation at law or in equity or any proceeding before any
governmental agency pending or, to the best of my knowledge after due investigation, threatened
with respect to (a) the organization or existence of the City or the title to the offices of the
officers thereof, (b) the power or authority of the City to undertake the refunding of the Refunded
Bonds or any of the Projects, (c) its authority to execute and deliver the Bond Purchase
B-2
Agreement and the Escrow Deposit Agreement, (d) the validity or enforceability of either of such
instruments or the transactions contemplated thereby, (e) any authority or proceeding relating to
the execution and delivery of either of such instruments by the City, or (f) restraining or enjoining
the issuance, sale or delivery of any of the Bonds.
7. To the best of my knowledge after due investigation, the City is not a party to any
contract or agreement or subject to any charter or other restriction not disclosed in the Official
Statement (including the financial statements constituting a part thereof), the performance or the
breach of which has or may have a material adverse effect upon the financial condition or
operations of the City.
8. To the best of my knowledge after due investigation, the information contained in
the subsection of the Official Statement entitled "Litigation" in the section entitled "Section Two:
The Bonds" is true and correct and does not contain any untrue statement of a material fact and
does not omit to state any material fact necessary to make the statements contained therein, in
light of the circumstances under which they were made, not misleading. To the best of my
knowledge, the statements and information contained in the Official Statement relating to the
City, exclusive of the financial information contained therein, are true and correct in all material
respects and do not contain any untrue statement of a material fact and do not omit to state any
material fact necessary to make the statements contained therein, in light of the circumstances
under which they were made, not misleading.
9. The Official Statement has been duly authorized, executed and delivered for
distribution in connection with the sale of the Bonds.
Very truly yours,
Leslie L. Lilley
City Attorney
B-3
Exhibit C
CERTIFICATE OF THE CITY MANAGER
AND THE DIRECTOR OF FINANCE
PURSUANT TO SECTION 7.1(j) OF THE BOND PURCHASE AGREEMENT
We, James K. Spore, City Manager of the City of Virginia Beach, Virginia (the "City")
and Patricia A. Phillips, Director of Finance of the City, DO HEREBY CERTIFY on behalf ol'
tl)e City as follows:
1. The representations and warranties of the City contained in the Bond
Purchase Agreement dated March 25, 1998 between the City and the Underwriters named
therein (the "Bond Purchase Agreement"), are true and correct on and as of the date
hereof as if made on and as of the date hereof, and the City has complied with and
performed all of its covenants and agreements in the Bond Purchase Agreement.
2. Each of the conditions in Section 7 of the Bond Purchase Agreement to be
satisfied by the City has been satisfied by the City on the date hereof.
IN WITNESS WHEREOF, we have set our hands this -day of April, 1998.
CITY OF VIRGINIA BEACH, VIRGINIA
Bv
James K. Spore
City Manager
By
Patricia A. Phillips
Director of Finance
0468310.01
C-1
Draft dated March 12, 1998
ESCROW DEPOSIT AGREEMENT
between
CITY OF VIRGINIA BEACH, VIRGINIA
and
I
as Escrow Agent
Dated April _, 1998
THIS ESCROW DEPOSIT AGREEMENT dated April _, 1998, between the CITY
OF VIRGINIA BEACH, VIRGINIA (the "City"), and , a
Virginia banking corporation having a corporate trust office in Richmond, Virginia (in such
capacity, together with any successor in such capacity, the "Escrow Agent");
WITNESSETH:
WHEREAS, by a resolution adopted by the Council of the City on March 24, 1998 (the
"Resolution"), the City has provided for the issuance of $ -- General Obligation
llublic Improvement and Refunding Bonds, Series of 1998 (the "Refunding Bonds"), a portion of
the proceeds of which will be applied to the refunding of-.
(a) (the 'Refunded Bonds"),
(b) (the "Refunded Bonds"):
(c) (the "Refunded Bonds"):
(d) (the "Refunded Bonds"):
(e) (the "Refunded Boiids")@
(f) (the "[Zefunded Bonds"),
(11) (the "Refunded Bonds"):
(the "Refunded Bonds")@ and
(the "Refunded Bonds," and the
bonds listed in clauses (a) through above are collectively referred to herein as the "Refunded
13onds").
WHEREAS, the City is entering into this Escrow Deposit Agreement simultaneously
with the issuance of the Refunding Bonds and the delivery to the Escrow Agent of the amount
described in Section I below to establish an escrow fund for the benefit of the holders ot' tile
IZefunded Bonds;
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
and agreements herein set forth, the parties hereto agree as follows:
1. Establishment of Escrow Fund. There is created and established with the
l@scrow Agent an irrevocable escrow fund designated the City of Virginia Beach, Virginia, 1998
(ieneral Obligation Refunding Bonds Escrow Fund (the "Escrow Fund") to be held by the
Escrow Agent as a trust fund for the sole benefit ol'the holders ol'the Refunded Bonds, separate
and apart from other funds of the City and the Escrow Agent. The Escrow Fund is irrevocable
pledged to the payment of the Refunded Bonds. Simultaneously with the execution of' this
Agreement, the City is depositing with the Escrow Agent, and the t@"scrow Agent acknowledged
receipt of and agrees to deposit in the Escrow Fund, $ of the proceeds of the
Refunding Bonds to be used (a) to purchase $ principal amount of United States
'treasury Obligations - State and Local Government Series at a purchase price of'
$ -, as described in A endix A attached hereto (the "Government Obligations").
and (b) to hold $_ in cash. The principal of and interest earned on the Government
Obligations, together with such cash amount, will provide sufficient moneys to enable the
Escrow Agent on behalf of the [City Treasurer], as registrar and paying agent for the Refunded
Bonds (the "Paying Agent"), to deposit with the Paying Agent or The Depository Trust Company
("D'FC"), as applicable, sufficient amounts to pay when due (i) the interest to accrue on tile
Refunded Bonds to their respective maturity date as set forth on A endix B and (ii) tile
principal of and redemption premium on the Refunded Bonds as set forth on Appendix B.
The Escrow Agent shall not be liable or responsible for any loss resulting from anv
investment made in the Government Obligations, including Substitute Obligations, as defined
below, pursuant to this Agreement.
2. Payment of Refunded Bonds. (a) The City authorizes and directs the Escrow
Agent to pay from the Escrow Fund interest as it becomes due and principal of and redemption
premium on the Refunded Bonds, all in the amounts and on the dates set forth in Appendix B
attached hereto (such payment dates, collectively, the "Payment Dates").
(b) The City represents and warrants, based, in part, upon the verification report of
(the "Verification Report"), that the Escrow Fund, if held, invested
and applied by the Escrow Agent in accordance with the provisions of this Agreement, will be
sufficient to make the foregoing payments.
If at any time it shall appear to the Escrow Agent that the available proceeds of the
Government Obligations and cash held in the Escrow Fund will not be sufficient to make any
payment due as set forth in Appendix B attached hereto, the Escrow Agent shall notify the City
not less than 30 days prior to such date, and the City shall, subject to funds being lawfully
appropriated for such purpose, make up the anticipated deficit so that no default in the making of
any such payment will occur.
3. Redemption of Refunded Bonds. (a) Pursuant to the Resolution, the City has
specifically and irrevocably called the Refunded Bonds for redemption and has authorized the
Citv Manager to determine the respective Redemption Dates. The Escrow Agent is irrevocably
authorized and directed to cause, and it agrees to cause, notice of the call for redemption, in
substantially the form of Appendix C attached hereto, to be sent to the registered owners of the
Refunded Bonds by registered or certified mail not less than 30 days nor more than 60 days prior
to the Redemption Date. Pursuant to the Resolution, the City has specifically and irrevocably
called the Refunded Bonds for redemption on .
(b) The Escrow Agent is irrevocably authorized and directed to cause, and it agrees to
cause, the following notices to be sent by facsimile transmission, registered or certified mail or
overnight express delivery notice of the refunding in substantially the form of Appendix D
attached hereto, to be sent immediately to the registered owners of the Refunded Bonds.
2
Draft dated March 12, 1998
CONTINUING DISCLOSURE AGREEMENT
This CONTINUING DISCLOSURE AGREEMENT dated as of April -@ 1998 (the
"Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia (the
"City"), in connection with the issuance by the City of its General Obligation
Public Improvement and Refunding Bonds, Series of 1998 (the "Bonds"). The City hereby
covenants and agrees as follows:
Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the
City for the benefit of the holders of the Bonds and in order to assist the purchasers of the Bonds
in complying the provisions of Section (b)(5)(i) of Rule 15c2-12 (the "Rule") promulgated by the
Securities and Exchange Comi-nission by providing certain annual financial information and
material event notices required by the Rule (collectively, "Continuing Disclosure").
Section 2. Annual Disclosure. (a) The City shall provide annually certain financial
information and operating data in accordance with the provisions of Section (b)(5)(i) of the Rule
as follows:
(i) audited linancial statements of the City, prepared in accordance with generally
accepted accounting principles; and
(ii) the operating data with respect to the City of the type described in the section of
the City's Official Statement entitled "Operating Data."
If the financial statements filed pursuant to Section 2(a) are not audited, the City shall file such
statements as audited when available.
(b) The City shall provide annually the financial information and operating
data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days
after the end of the City's fiscal year, commencing with the City's fiscal year ending June 30.
1998, to each nationally recognized municipal securities information repository ("NRMSIR") and
to the appropriate state information depository if any then exists ("SID").
(c) Any Annual Disclosure may be included by specific reference to other
documents previously provided to each NRMSIR and to the SID or filed with the SEC; provided,
however, that any final official statement incorporated by reference must be available front the
Municipal Securities Rulemaking Board (the "MSRB").
(d) The City shall provide in a timely manner to each NRMSIR or the MSRB
and to the SID notice specifying any failure of the City to provide the Annual Disclosure by the
date specified.
Section 3. Event Disclosure. The City shall provide in a timely manner to each
NRMSIR or the MSRB and to the SID notice of the occurrence of any of the following events
with respect to the Bonds, if material:
I
(a) principal and interest payment delinquencies;
(b) nonpayment related defaults;
(c) unscheduled draws on debt service reserves reflecting financial difficulties;
(d) unscheduled draws on any credit enhancement reflecting financial
difficulties;
(e) substitution of credit or liquidity providers, or their failure to perform;
(f) adverse tax opinions or events affecting the tax-exempt status of the Bonds;
(g) modifications to rights of Bondholders;
(h) bond calls;
(i) defeasance of all or any portion of the Bonds;
(j) release, substitution, or sale of property securing repayment of the Bonds;
and
(k) rating changes.
Section 4. Termination. The obligations of the City will terminate upon the
redemption, defeasance (within the meaning of the Rule) or payment in full of all the Bonds.
Section 5. Amendment. The City may modify its obligations hereunder without the
consent of Bondholders, provided that this Disclosure Agreement as so modified complies with
the Rule as it exists at the time of modification. The City shall within a reasonable time
thereafter send to each NRMSIR and the SID a description of such modification(s).
Section 6. Defaults. (a) If the City tails to comply with any covenant or obligation
regarding Continuing Disclosure specified in this Disclosure Agreement, any holder (within the
meaning of the Rule) of Bonds then outstanding may, by notice to the City, proceed to protect
and enforce its rights and the rights of the holders by an action for specific performance of the
City's covenant to provide the Continuing Disclosure.
(b) Notwithstanding anything herein to the contrary, any failure of the City to
comply with any obligation regarding Continuing Disclosure specified in this Disclosure
Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the
resolution providing for the issuance of the Bonds and (ii) shall not give rise to any right or
remedy other than that described in Section 6(a) above.
2
Section 7. Additional Disclosure. The City may from time to time disclose certain
information and data in addition to the Continuing Disclosure. Notwithstanding anything herein
to the contrary, the City shall not incur any obligation to continue to provide, or to update, such
additional information or data.
Section 8. Counterparts. This Disclosure Agreement may be executed in several
counterparts each of which shall be all original and all of which shall constitute but one and the
same instrument.
Section 9. Governing Law. This Disclosure Agreement shall be construed and enforced
in accordance with the laws of the Commonwealth of Virginia.
CITY OF VIRGINIA BEACti, VIRGINIA
Mayor, City of Virginia Beach, Virginia
C'itv Manager, CitN, of Virginia Beach,
Virginia
Patli: [DOCSOPEII\PICIIMOND\03704\22764\000220\3@)g@01 @DOC
Do, #@ 140551: V, 1
3
- 22 -
Item VI-I.2a.
RESOLUTIONS ITEM # 43383
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Resolution re bond issuance for YMCA facilities throughout
Virginia:
Industrial Development and Revenue Bonds $ 14,300,000
City of Alexandria
Voting.- 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischoher, Barbara M Henley, Louis R. Jones, Reba S.
McClanan Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.-
None
Council Members Absent.-
None
March 24, 1998
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
The Industrial Development Authority of the City of Norfolk (the "Authority")
was requested by the Young Men's Christian Association of South Hampton Roads (the
"YMCA"), whose principal business address is 312 West Bute Street, Norfolk, Virginia 23510,
to hold, on behalf of the Cities of Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach,
Virginia, a public hearing on the issuance by the Industrial Development Authority of the City of
Alexandria (the "Alexandria Authority") of its revenue bonds in an amount not to exceed
$14,300,000 (the "Bonds"), pursuant to the Industrial Development and Revenue Bond Act, Title
15.2, Chapter 49 of the Code of Virginia of 1950, as amended. The proceeds of the Bonds will
be used to assist the YMCA in (i) financing (A) the cost of the acquisition, construction and
equipping of a complete YMCA facility including but not limited to gym and fitness center,
swimming pool, sauna and whirlpools, locker rooms and equipment for the foregoing, as well as
parking areas, located on an 8 acre parcel on the west side of U.S. Route 13, 1.5 miles south of
the Four Comers Shopping Center and across from Edwards Seafood Restaurant in Onley in
Accomack County, (B) the acquisition of 147 acres of land and development of a campground
including family cabins and staff cabins, stables for horses, dining areas, a swimming pool, and
other recreational facilities for both land and water sports located on the grounds of the existing
Silver Beach Campground on Onnahonock Road near Silver Beach in Northhampton County,
Virginia, (C) the construction of a new gym at the Hilltop Family YMCA at 1536 Laskin Road,
Virginia Beach, Virginia 23451 and (D) the construction of an indoor running track and other
improvements at the Downtown Norfolk YMCA located at 312 West Bute Street, Norfolk,
Virginia 23510 and (ii) refinancing (A) an outdoor pool and renovations, including but not
limited to, a new gym, front entrance and lobby area, new fitness and aerobics rooms and an
indoor pool, for the Suffolk Family YMCA located at 2769 Godwin Avenue, Suffolk, Virginia
23434, (B) an indoor pool and renovations to a fitness center, child care center, front entrance
and lobby areas and corporate offices at the Downtown Norfolk YMCA located at 312 West Bute
Street, Norfolk, Virginia 23510, (C) lockers, fitness and aerobics areas, saunas, whirlpools,
office space and other improvements at the Effingham YMCA located at 1013 Effingham Street,
Portsmouth, Virginia 23704, (D) the acquisition and equipping of a child care center at the
Salem Family Center located at 2029 Salem Road, Virginia Beach, Virginia 23456, (E) the
acquisition, construction and equipping of the full-service Hilltop Family YMCA, including but
not limited to cardiovascular, aerobics and fitness areas, a child care center and indoor pool,
located at 1536 Laskin Road, Virginia Beach, Virginia 23451, (F) the acquisition, renovation
and equipping of the Indian River Family YMCA including a child care center located at 5660
Indian River Road, Virginia Beach, Virginia 23464, (G) the acquisition and the renovation and
equipping, including but not limited to fitness and cardiovascular equipment, refurbished
aerobics and locker room areas and rebuilt racket ball courts, of the full-service Greenbrier North
YMCA located at 2100 Old Greenbrier Road, Chesapeake, Virginia 23320, (H) the construction
of two outdoor pools and the addition of a cardiovascular fitness area and equipment and other
improvements located at the Mt. Trashmore Family YMCA at 4441 South Boulevard, Virginia
Beach, Virginia 23452, (1) two outdoor pools and other renovations including but not limited to
a fitness center, child care center, office, lobby and parking lot improvements at the Chesapeake
Family YMCA located at 1033 Greenbrier Parkway, Chesapeake, Virginia 23320 and (J)
cardiovascular and weight equipment for, and renovations to the fitness areas at, the Downtown
Norfolk, Mt. Trashmore, Indian River and Greenbrier North YMCA facilities, all of the
foregoing being referred to herein collectively as the "Projects." The proceeds of the Bonds will
also be used to finance certain costs of the issuance of the Bonds.
Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"),
and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"),
provide that the highest elected govenimental unit of the locality having jurisdiction over the
issuer of private activity bonds and over the area in which any facility financed with the proceeds
of private activity bonds is located must approve the issuance of the bonds. Certain of the
Projects are located in the City of Virginia Beach, Virginia (the "City"), and the City Council of
the City (the "Council") constitutes the highest elected governmental unit of the City. The
Bonds will be issued by the Alexandria Authority, and the City Council of the City of
Alexandria, Virginia has given its approval to the issuance of the Bonds on February 24, 1998.
Section 15.2-4905 of the Virginia Code provides that if a locality has created an industrial
development authority, no industrial development authority created by a second locality may
finance a facility located in the first locality unless the governing body of such first locality
concurs with the inducement resolution adopted by the industrial development authority of the
second locality. The Alexandria Authority adopted its inducement resolution on January 12,
1998 (the "Alexandria Inducement Resolution").
Following the public hearing held by the Authority on February 26, 1998, the
Authority adopted a resolution (the "Resolution") in which it reconunended and requested that
the Council approve of the issuance of the Bonds by the Alexandria Authority. A copy of the
Resolution, a brief summary of the Authority's public hearing, the YMCA's Fiscal Impact
Statement and the Alexandria Inducement Resolution have been filed with the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the first paragraph above are hereby adopted as part of
this Resolution.
2. The Council hereby concurs with the Alexandria Inducement Resolution and
approves the issuance of the Bonds by the Alexandria Authority for the benefit of the YMCA, to
the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, to
permit the Alexandria Authority to assist in the financing or refinancing of the Projects. The
Council also ratifies the joint public hearing held on its behalf by the Authority on February 26,
1998 and the publication of notice thereof.
3. The concurrence with the Alexandria Inducement Resolution and the approval
of the issuance of the Bonds do not constitute an endorsement to a prospective purchaser of the
creditworthiness of the Projects or the YMCA, and neither the City nor the Authority shall be
- 2
obligated to pay the Bonds or the interest thereon or other costs incident thereto, and neither the
faith and credit nor the taxing power of the Commonwealth of Virginia nor any political
subdivision thereof, including the City and the Authority, shall be pledged thereto.
4. Pursuant to the limitations contained in Temporary Income Tax Regulations
Section 5f 103-2(f)(1), this resolution shall remain in effect for a period of one year from the date
of its adoption.
5. The City, including its elected representatives, officers, employees and agents,
shall not be liable and hereby disclaims all liability for any damage to the YMCA, direct or
consequential, resulting from the Alexandria Authority's failure to issue the Bonds for any
reason.
6. This resolution shall take effect immediately upon its adoption.
Adopted by the City Council of the City of Virginia Beach, Virginia this 24th day
of March, 1998.
Clerk, City Council, City of Virginia Beach,
Virginia
[SEAL]
4496007vi
3
MAYS & VALENTINE
L.L.P.
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ERS DE DR,IE 5@ IE 11,
IITE TYSO.5 COR.E@ RICHMOND. VIRGINIA 23219 l@ @@ll
.,I EA. @IRG IA @l V
11 EP@ONF @Ill, TEIE@O@E 11 .11,111,
(804) 697-1200
FAx (804) 697 1339
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501TE 2A PI .0. .11.
I'll,@ONDEVIRG @N'@ 11@l@ 'IRGIN @,@IICI V @G NIA 11@., .1
t EPHON MAILING Apa@ 'El 1. El I
P.O. Box 1122
RICHMOND, VIRGINIA 23218-1122
(804) 697-1216 16946.006
March 13, 1998
TO: ALL MEMBERS OF THE CITY COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Re: Public Benefit of YMCA Projects
Ladies and Gentlemen:
The Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, of the Code
of Virginia of 1950, as amended (the "Act"), states that it is the policy of the Commonwealth of Virginia
to "grant to industrial development authorities the powers contained [in the Act] with respect to facilities
for use by organizations ... which are described in Section 501(c)(3) of the Internal Revenue Code ... to
the end that such authorities may protect or promote the safety, health, welfare, convenience and
prosperity of the inhabitants of the Commonwealth by assisting in ... financing and refinancing of such
facilities of the aforesaid entities and organizations in order to provide operations, recreational, activity
centers, and other facilities for the use of the inhabitants of the Commonwealth ...... The Act further
provides that it "shall be liberally construed in conformity with these intentions."
The Young Men's Christian Association of South Hampton Roads (the "YMCA") is an
organization that is described in Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended.
The Industrial Development Authority of the City of Alexandria (the "Authority"), which was organized
under the provisions of the Act by an Ordinance adopted by the City of Alexandria's City Council, will
be issuing bonds to finance facilities located in Virginia Beach and in six other Virginia localities, which
will, in accordance with a finding made by the Authority in connection with the adoption of the
Inducement Resolution, "promote the welfare, convenience and prosperity of the citizens of the
Commonwealth."
The Projects being financed or refinanced with the proceeds of the bonds include four
different YMCA facilities in the City of Virginia Beach. Those facilities are the Hilltop Family YMCA
on Laskin Road, the Salem Family Center located on Salem Road, the Indian River Family YMCA
located on Indian River Road and the Mt. Trashmore Family YMCA located on South Boulevard. The
various YMCA facilities provide recreational and/or child care facilities for the residents of the City of
Virginia Beach and thus promote such residents' welfare and health. The YMCA was established in the
Tidewater area in the 1880's and has been serving the residents of Tidewater communities throughout its
history.
Very truly yours,
Stephen I,. Johnson
18i/743
RESOLUTION
OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF NORFOLK
WHEREAS, the Industrial Development Authority of the City of Norfolk, a
political subdivision of the Commonwealth of Virginia (the "Authority"), has received a request
from the Young Men's Christian Association of South Hampton Roads (the "YMCA") that the
Authority hold a joint public hearing, on behalf of the Cities of Chesapeake, Norfolk,
Portsmouth, Suffolk and Virginia Beach, all in Virginia, on the issuance of revenue bonds by the
Industrial Development Authority of the City of Alexandria (the "Alexandria IDA") in an
amount not to exceed $ 14,300,000 (the "Bonds') to assist the YMCA in (i) financing (A) the
cost of the acquisition, construction and equipping of a complete YMCA facility including but
not limited to gym and fitness center, swimming pool, sauna and whirlpools, locker rooms and
equipment for the foregoing, as well as parking areas, located on an 8 acre parcel on the west
side of U.S. Route 13, 1.5 miles south of the Four Corners Shopping Center and across from
Edwards Seafood Restaurant in Onley in Accomack County, (B) the acquisition of 147 acres of
land and development of a campground including family cabins and staff cabins, stables for
horses, dining areas, a swimming pool, and other recreational facilities for both land and water
sports located on the grounds of the existing Silver Beach Campground on Onnahonock Road
near Silver Beach in Northhampton County, Virginia, (C) the construction of a new gym at the
Hilltop Family YMCA at 1536 Laskin Road, Virginia Beach, Virginia 23451 and (D) the
construction of an indoor running track and other improvements at the Downtown Norfolk
YMCA located at 312 West Bute Street, Norfolk, Virginia 23510 and (ii) refinancing (A) an
outdoor pool and renovations, including but not limited to, a new gym, front entrance and lobby
area, new fitness and aerobics rooms and an indoor pool, for the Suffolk Family YMCA located
at 2769 Godwin Avenue, Suffolk, Virginia 23434, (B) an indoor pool and renovations to a
fitness center, child care center, front entrance and lobby areas and corporate offices at the
Downtown Norfolk YMCA located at 312 West Bute Street, Norfolk, Virginia 23510, (C)
lockers, fitness and aerobics areas, saunas, whirlpools, office space and other improvements at
the Effingham YMCA located at 1013 Effingham Street, Portsmouth, Virginia 23704, (D) the
acquisition and equipping of a child care center at the Salem Family Center located at 2029
Salem Road, Virginia Beach, Virginia 23456, (E) the acquisition, construction and equipping of
the full-service Hilltop Family YMCA, including but not limited to cardiovascular, aerobics and
fitness areas, a child care center and indoor pool, located at 1536 Laskin Road, Virginia Beach,
Virginia 23451, (F) the acquisition, renovation and equipping of the Indian River Family
YMCA including a child care center located at 5660 Indian River Road, Virginia Beach, Virginia
23464, (G) the acquisition and the renovation and equipping, including but not limited to fitness
and cardiovascular equipment, refurbished aerobics and locker room areas and rebuilt racket ball
courts, of the full-service Greenbrier North YMCA located at 2100 Old Greenbrier Road,
Chesapeake, Virginia 23320, (H) the construction of two outdoor pools and the addition of a
cardiovascular fitness area and equipment and other improvements located at the Mt. Trashmore
Family YMCA at 4441 South Boulevard, Virginia Beach, Virginia 23452, (1) two outdoor pools
and other renovations including but not limited to a fitness center, child care center, office, lobby
and parking lot improvements at the Chesapeake Family YMCA located at 1033 Greenbrier
Parkway, Chesapeake, Virginia 23320 and (J) cardiovascular and weight equipment for, and
renovations to the fitness areas at, the Downtown Norfolk, Mt. Trashmore, Indian River and
Greenbrier North YMCA facilities, all of the foregoing being refeffed to herein collectively as
the "Projects," as well as- financing certain costs of the issuance of the Bonds; and
WHEREAS, the Projects have been described to the Authority and a public
hearing has been held on February 26, 1998, as required by Section 147(f) of the Internal
Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Industrial
Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as
axnended (the "Virginia Code");
BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF NORFOLK:
1. The Authority hereby recommends and requests that the City Councils of
the Cities of Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach, Virginia (the
"Approving Jurisdictions") each approve, within sixty days of the date of the public hearing, the
issuance of the Bonds by the Alexandria IDA to the extent that the Code and the Virginia Code
require. The Authority hereby directs the Secretary-Treasurer of the Authority to submit to the
Approving Jurisdictions this Resolution, the YMCA's Fiscal Impact Statement, and a summary
of the public hearing held by the Authority prior to the adoption of this Resolution.
2. All other acts of the Authority that are in conformity with the purposes and
intent of this Resolution are hereby ratified, approved and confirmed.
3. The YMCA agrees to pay any costs incurred by the Authority, including
the fees and expenses of the Authority's counsel.
4. This Resolution shall take effect immediately upon its adoption.
ADOPTED: February 26,1998
-2-
CERTIFICATE
I, the undersigned Secretary-Treasurer of the Industrial Development Authority of
the City of Norfolk, hereby certify that the foregoing is a true, correct and complete copy of a
Resolution duly adopted by the directors of the Industrial Development Authority of the City of
Norfolk present and voting at a meeting duly called and held on February 26, 1998, and that such
Resolution has not been repealed, revoked, rescinded or amended, but is in full force and effect
on the date hereof.
WITNESS my hand and the seal of the Authority, this 26th day of February,
1998.
Seen
Industrial Development Authority of
the City of Norfolk
[SEAL]
#493124v2
-3-
RESOLUTION OF INDUCEMENT
OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF ALEXANDRIA
WHEREAS, the Industrial Development Authority of the City of Alexandria, a
political subdivision of the Commonwealth of Virginia (the "Issuer"), is empowered by the
Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of
1950, as amended (the "Act"), to issue its revenue bonds for the purpose of financing facilities
for use by an organization (other than an organization organized and operated exclusively for
religious purposes) which is described in Section 501(c)(3) of the Internal Revenue Code of
1986, as amended (the "Code"), and which is exempt from federal income taxation pursuant to
Section 501(a) of the Code;
WHEREAS, the Issuer has received a request from the Young Men's Christian
Association of South Hampton Roads (the "Applicant"), requesting that the Issuer issue its
revenue bonds in an amount not to exceed $14,300,000 to assist the Applicant in (a)(i) financing
(A) the cost of the acquisition, construction and equipping of a complete YMCA facility
including but not limited to gym and fitness center, swinuning pool, sauna and whirlpools, locker
rooms and equipment for the foregoing, as well as parking areas, located on an 8 acre parcel on
the west side of U.S. Route 13, 1.5 miles south of the Four Corners Shopping Center and across
from Edwards Seafood Restaurant in Onley in Accomack County, (B) the acquisition of 147
acres of land and development of a campground including family cabins and staff cabins, stables
for horses, dining areas, a swimming pool, and other recreational facilities for both land and
water sports located on the grounds of the existing Silver Beach Campground on Onnahonock
Road near Silver Beach in Northhampton County, Virginia, (C) the construction of a new gym at
the Hilltop Family YMCA at 1536 Laskin Road, Virginia Beach, Virginia 23451 and (D) the
construction of an indoor, running track and other improvements at the Downtown Norfolk
YMCA located at 312 West Bute Street, Norfolk, Virginia 23510 and (ii) refinancing (A) an
outdoor pool and renovations, including but not limited to, a new gym, front entrance and lobby
area, new fitness and aerobics rooms and an indoor pool, for the Suffolk Family YMCA located
at 2769 Godwin Avenue, Suffolk, Virginia 23434, (B) an indoor pool and renovations to a
fitness center, child care center, front entrance and lobby areas and corporate offices at the
Downtown Norfolk YMCA located at 312 West Bute Street, Norfolk, Virginia 23510, (C)
lockers, fitness and aerobics areas, saunas, whirlpools, office space and other improvements at
the Effingham YMCA located at 1013 Effingham Street, Portsmouth, Virginia 23704, (D) the
acquisition and equipping of a child care center at the Salem Family Center located at 2029
Salem Road, Virginia Beach, Virginia 23456, (E) the acquisition, construction and equipping of
the ftill-service Hilltop Family YMCA, including but not limited to cardiovascular, aerobics and
fitness areas, a child care center and indoor pool, located at 1536 Laskin Road, Virginia Beach,
Virginia 23451, (F) the acquisition, renovation and equipping of the Indian River Family
YMCA including a child care center located at 5660 Indian River Road, Virginia Beach, Virginia
23464, (G) the acquisition and the renovation and equipping, including but not limited to fitness
and cardiovascular equipment, refurbished aerobics and locker room areas and rebuilt racket ball
courts, of the full-service Greenbrier North YMCA located at 2100 Old Greenbrier Road,
Chesapeake, Virginia 23320, (H) the construction of two outdoor pools and the addition of a
cardiovascular fitness area and equipment and other improvements located at the Mt. Trashmore
Family YMCA at 4441 South Boulevard, Virginia Beach, Virginia 23452, (1) two outdoor pools
and other renovations including but not limited to a fitness center, child care center, office, lobby
-2-
and parking lot improvements at the Chesapeake Family YMCA located at 1033 Greenbrier
Parkway, Chesapeake, Virginia 23320 and (J) cardiovascular and weight equipment for, and
renovations to the fitness areas at, the Downtown Norfolk, Mt. Trashmore, Indian River and
Greenbrier North YMCA facilities (all of the foregoing being collectively referred to as the
"Project") and (b) financing certain costs of the issuance of the bonds;
WHEREAS, such assistance will benefit the inhabitants of the Commonwealth;
and
WHEREAS, the Project has been described to the Issuer and a public hearing has
been held as required by Section 147(f) of the Code and Section 15.2-4906 of the Act;
BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF ALEXANDRIA:
1. It is hereby found and determined that assisting the Applicant in financing
the cost of the Project will benefit the citizens of the Commonwealth and promote their welfare,
convenience and prosperity.
2. To induce the Applicant to proceed with the Project in the Commonwealth
of Virginia, the Issuer hereby agrees to assist the Applicant in financing the Project by
undertaking the issuance of the Issuer's revenue bonds or notes therefor in an amount now
determined not to exceed $14,300,000 (the "Bonds"). The proceeds of the Bonds shall be loaned
to the Applicant upon terms and conditions mutually agreeable to the Applicant and the Issuer.
The Bonds may be issued in one or more series at one time or from time to time.
3. It having been represented to the Issuer that it is necessary to proceed
immediately with the Project, the Issuer hereby agrees that the Applicant may proceed with plans
for the Project and take such other steps as it may deem appropriate in connection therewith:
-3-
provided that nothing herein shall be deemed to authorize the Applicant to obligate the Issuer
without its consent in each instance to the payment of any moneys or the performance of any acts
in connection with the Project. The Issuer agrees that the Applicant may be reimbursed from the
proceeds of the Bonds for all costs incurred by the Applicant, insofar as such costs are properly
reimbursable under the Act and other applicable state and federal laws.
4. All costs and expenses in connection with the financing and the Project,
including the fees and expenses of the Issuer, its legal counsel, its financial advisor and Bond
Counsel, shall be paid from the proceeds of the Bonds or funds provided by the Applicant. If for
any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the
Applicant and that the Issuer shall have no responsibility therefor.
5. At the request of the Applicant, the Issuer hereby appoints Mays &
Valentine, L.L.P. as bond counsel to supervise the proceedings and approve the issuance of the
Bonds.
6. In adopting this Resolution, the Issuer intends to take "official action"
toward the issuance of the Bonds and to evidence its "official intent" to reimburse from the
proceeds of the Bonds any expenditures paid by the Applicant to finance the Project before the
issuance of the Bonds, all within the meaning of regulations issued by the Internal Revenue
Service pursuant to Sections 103 and 141 through 150 and related sections of the Code.
7. The Issuer hereby recommends and requests that the City Council of the
City of Alexandria, Virginia (the "Council") approve the issuance of the Bonds within sixty days
of the date of the adoption of this Resolution. The Issuer hereby directs the Secretary of the
Issuer to submit to the Council this Resolution, the Applicant's Fiscal Impact Statement, and a
summary of the public hearing held by the Issuer prior to the adoption of this Resolution.
-4-
8. All other acts of the Issuer that are in conformity with the purposes and
intent of this Resolution and in furtherance of the issuance and sale of the Bonds and the
undertaking of the Project are hereby ratified, approved and confined.
9. The Applicant understands that the issuance of the Bonds shall be
contingent upon the approval of the issuance of the Bonds by the Council and the governing
bodies of each jurisdiction in which a portion of the Project is located.
10. This Resolution shall take effect immediately upon its adoption.
ADOPTED: January 12, 1998
-5-
CERTIFICATE
Assistant
I, the undersigned Secretary of the Industrial Development Authority of the City
of Alexandria, hereby certify that the foregoing is a true, correct and complete copy of a
Resolution duly adopted by the directors of the Industrial Development Authority of the City of
Alexandria present and voting at a meeting duly called and held on January 12, 1998, and that
such Resolution has not been repealed, revoked, rescinded or amended, but is in full force and
effect on the date hereof.
WITNESS my hand and the seal of the Issuer, this 12th day of January, 1998.
Asst.Secretary
Industrial Development Authority of the
City of Alexandria
[SEAL]
452425v2
-6-
Alexandria Industrial Development Authority
Financing for YMCA of South Hampton Roads
City of Chesapeake
Mr. John L. Pazour Telephone: (757) 382-6988
City Manager Fax: (757) 382-6507
City of Chesapeake
P.O. Box 15225
Cheasapeake, Virginia 23328
Ronald S. Hallman, Esquire Telephone: (757) 382-6586
City Attorney Fax: (757) 382-6507
P. O. Box 15225
Chesapeake, Virginia 23328
City of Norfolk
Mr. James B. Oliver, Jr. Telephone: (757) 664-4242
City Manager Fax: (757)
City of Norfolk
1101 City Hall Building
Norfolk, Virginia 23510
Bernard A. Pishko, Esquire Telephone: (757) 441-2871
City Attorney Fax: (757) 622-6925
City of Norfolk
City Hall, Room 908
Norfolk, Virginia 23510
City of Portsmouth
Mr. Ronald W. Massie Telephone: (757) 393-8641
City Manager Fax: (757) 393-5241
City of Portsmouth
P. O. Box 820
Portsmouth, Virginia 23705
G. Timothy Oksman, Esquire Telephone: (757) 393-8731
City Attorney Fax: (757)
City of Portsmouth
P. O. Box 820
Portsmouth, Virginia 23705
Mr. Miles E. Standish Telephone: (757) 925-6344
City Manager Fax: (757) 925-6386
City of Suffolk
P. O. Box 1858
Suffolk, Virginia 23439
C. Edward Roettger, Jr., Esquire Telephone: (757) 925-6472
City Attorney Fax: (757) 925-6386
City of Suffolk
P. O. Box 1858
Suffolk, Virginia 23439
City of Virginia Beach
Mr. James K. Spore Telephone: (757) 427-4242
City Manager Fax: (757) 427-4135
City of Virginia Beach
Municipal Center
Courthouse Drive, Building #1
Virginia Beach, Virginia 23456
Gary L. Fentress, Esquire Telephone: (757) 427-8761
City Attorney Fax: (757) 563-1167
City Hall Building
Room 260
Virginia Beach, Virginia 23456
493247
DISCLOSURE STATEMENT
Date: March 24, 1998
Applicant's Name(s): Young Men's Christian Association of South Hampton Roads (the "YMCA")
All Owners (if different from applicant):
Type of Application:
Rezoning: From To
Conditional Use Permit
Street Closure
Subdivision Variance
Other bond issue
The officers of the Corporation are as follows:
Bruce Bradley, Chairman
H. Lee Addison, Vice Chairman
Robert M. Boyd, Vice Chairman
Joe Kennedy, Treasurer
Sandra Birdsong, Secretary
The YMCA is a not-for-profit corporation organized under the laws of the Commonwealth of
Virginia.
#505465
SUMMARY OF STATEMENTS
The Industrial Development Authority of the City of Norfolk (the "Authority")
conducted a public hearing on behalf of the Cities of Chesapeake, Norfolk, Portsmouth, Suffolk
and Virginia Beach, all in Virginia, at 7:30 a.m. on Thursday, February 26, 1998 at 600 City Hall
Building, 810 Union Street, Norfolk, Virginia 23510, on the issuance of revenue bonds by the
Industrial Development Authority of the City of Alexandria (the "Alexandria IDA") in an
amount not to exceed $14.3 million dollars (the "Bonds"), pursuant to the Industrial
Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as
amended, to assist the Young Men's Christian Association of South Hampton Roads (the
"YMCA"), whose principal business address is 312 West Bute Street, Norfolk,j Virginia 23510
in (i) financing (A) the cost of acquisition, construction and equipping of a complete YMCA
facility including but not limited to gym and fitness center, swimming pool, sauna and
whirlpools, locker rooms and equipment for the foregoing, as well as parking areas, located on an
8 acre parcel on the west side of U.S. Route 13, 1.5 miles south of the Four Corners Shopping
Center and across from Edwards Seafood Restaurant in Onley in Accomack County, (B) the
acquisition of 147 acres of land and development of a campground including family cabins and
staff cabins, stables for horses, dining areas, a swimming pool, and other recreational facilities
for both land and water sports located on the grounds of the existing Silver Beach Campground
on Onnahonock Road near Silver Beach in Northhampton County, Virginia, (C) the construction
of a new gym at the Hilltop Family YMCA at 1536 Laskin Road, Virginia Beach, Virginia
23451 and (D) the construction of an indorr running track and other improvements at the
Downtown Norfolk YMCA located at 312 West Bute Street, Norfolk, Virginia 23510 and (ii)
refinancing (A) an outdoor pool an drenovations, including but not limited to, a new gym, front
entrance and lobby area, new fitness and aerobics rooms and an indoor pool, for the Suffolk
Family YMCA located at 2769 Godwin Avenue, Suffolk, Virginia 23434, (B) an indoor pool
and renovations to a fitness center, child care center, front entrance and lobby areas and corporate
offices at the Downtown Norfolk YMCA located at 312 West Bute Street, Norfolk, Virginia
23510, (C) lockers, fitness and aerobic areas, saunas, whirlpools, office space and other
improvements at the Effingham YMCA located at 1013 Effingham Street, Portsmouth, Virginia
23704, (D) the acquisition and equipping of a child care center at the Salem Family Center
located at 2029 Salem Road, Virginia Beach, Virginia 23456, (E) the acquisition, construction
and equipping of the full-service Hilltop Family YMCA, including but not limited to
cardiovascular, aerobics and fitness areas, a child care center and indoor pool, located at 1536
Laskin Road, Virginia Beach, Virginia 23451, (F) the acquisition, renovation and equipping of
the Indian River Family YMCA including a child care center located at 5660 Indian River Road,
Virginia Beach, Virginia 23464, (G) the acquisition and renovation and equipping, including
but not limited to fitness and cardiovascular equipment, refurbished aerobics and locker room
areas and rebuilt racket ball courts, of the full-service Greenbrier North YMCA located at 2100
Old Greenbrier Road, Chesapeake, Virginia 23320, (H) the construction of two outdoor pools
and the addition of a cardiovascular fitness area and equipment and other improvements located
at the Mt. Trashmore Family YMCA at 4441 South Boulevard, Virginia Beach, Virginia 23452,
(I) two outdoor pools and other renovations including but not limited to a fitness center, child
care center, office, lobby and parking lot improvements at the Chesapeake Family YMCA
located at 1033 Greenbrier Parkway, Chesapeake, Virginia 23320 and (J) cardiovascular and
weight equipment for, and renovations to the fitness areas at the Downtown Norfolk, Mt.
Trashmore, Indian River and Greenbrier North YMCA facilities (all of the foregoing being
collectively referred to as the "Projects"). The proceeds of the Bonds will also be used to finance
certain costs of the issuance of the Bonds.
No members of the public spoke at the public hearing in opposition to the
Bonds or the Projects.
Stephen L. Johnson of Mays & Valentine, L.L.P., bond counsel, explained to the
Authority the NationsBank Pooled Loan Program in which the YMCA will be participating.
Mr. Charles E. Harris, President and CEO of the YMCA, described the Projects located or to be
located in the Tidewater area. Mr. George L. Consolvo, counsel to the YMCA, made brief
remarks regarding the action being requested of the Authority. Ms. Anne C. H. Conner of
NationsBank, N.A. and Ms. Susan E. Ohmsen of the YMCA were also in attendance at the
meeting.
Secretary-Treasurer, Industrial Development
Authority of the City of Norfolk
ORDINANCE REVIEW - CHECKLIST
a. This Checklist shall be completed for all new ordinances and amended
ordinances.
b. The new or amended ordinance with checklist shall be reviewed and approved
by the appropriate section head prior to forwarding to the City Attorney.
File Number CA-6950
I. STATE SECTIONS ADDED OR AMENDED.
N/A
II. STATE REASON FOR THE ORDINANCE/AMEENDMENT.
The Industrial Development Authority of the City of Norfolk was requested by the Young Men's
Christian Association of South Hampton Roads (the "YMCA"), whose principal business address
is 312 West Bute Street, Norfolk, VA 23510, to hold a public hearing on behalf of the Cities of
Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia Beach, Virginia, for the issuance by
the Industrial Development Authority of the City of Alexandria of its revenue bonds in an
amount not to exceed $14,3000,000 to assist the YMCA in those localities as shown in the
Resolution of the City Council of the City of Virginia Beach, attached. Certain of the Projects
are located in the City of Virginia Beach, Virginia, and must, therefore, be approved by the City
Council. The Bonds will be issued by Alexandria Authority, and the City Council of the City of
Alexandria, Virginia has given its approval to the issuance of the Bonds on February 24, 1998.
III. AUTHORITY FOR THE ORDINANCE.
Section 15.2-4906, Code of Virginia
IV. PROVIDE A SHORT DESCRIPTIVE STATEMENT AS TO
SUBSTANCE OF SECTION OR AMENDMENT.
See II, above.
V. LIST DEPARTMENT AND PERSON REOUESTING CHANGE.
Development Authority; Gary L. Fentress
VI. CONTENT APPROVED AND NOTED BY REQUESTING PARTY?
YES
NOTE: Legal sufficiency or form shall not
be approved until the requesting party
approves content.
APPROVED
DeplVty City Attorney
APPROVED
City Attorney
FISCAL IMPACT STATEMENT*
INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF NORFOLK
February 26, I"g
YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS
YMCA OF SOUTH HAMPTON ROADS PROJECTS
1. Maximum amount of financing sought $ 14,300,000*
2. Estimated taxable value of the facility's real property to be
acquired, constructed, and improved in the City of
Virginia Beack Virginia $ N/A
3. Estimated real property tax per year using present tax rates S N/A
4 Estimated personal property tax per year using present tax rates $ N/A.
5. Estimated merchants' capital tax per year using present tax rates S N/A
6. Estimated dollar value per year of goods and %cryices that will
he purchased locally $ 990,000
7. Estimated number of regular employees on year round basis 107
8. Average annual salary per employee $ 14,000
INDUSI'RIAL DEVFI.OPMRNT AUTHORITY
OF THF CITY OF NORROT.K
By @. ) kI,@.
Chairman
'The information included herein is @ upon statement of representatives of the YMCA of South Hampton Roads
and for Numbers 2 through 9 related solely to the jurisdiction named in Number 2 above. ']'he Bonds, the maximum
amount of which is listed in Number 1, will he issued by the Industrial Development Authority of the City of
Alexandria and not by the Industrial I)cvclopmcnt Authority of the City of Norfolk.
'@IE
R
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PROJECT I,OCATION t4AP YMCik
1536 i,askiii Ro@id
CINNA 04L,
R IG@
5
OGLENWOOD
PROJECT LOCATION MAP YMCA
2029 Salem Road
2.670.000 76-12 Joins Map II
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AKES SOUTH
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PROJECT LOCATION MAP YMCA
5660 Indian River Road
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PROJECT LOCATION MAP - YMCA
4441 South Boulevard
- 23 -
Item VI-I.3.
RESOLUTIONS ITEM # 43384
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Resolution to authorize the City Manager submit a $42,989.00
Grant Applicadon and enter into the necessary agreements in
response to an RFP from the Chesapeake Bay Local Assistance
Board re Phase II of the regulations regarding Comprehensive
Plans, local program implementation and refinement of GIS
information for local mapping assistance
Voting. 11-0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 24, 1998
i A RESOLUTION AUTHORIZING THE CITY
2 MANAGER TO SUBMIT A GRANT
3 APPLICATION TO THE CHESAPEAKE BAY
4 LOCAL ASSISTANCE DEPARTMENT
WHEREAS, the Chesapeake Bay Preservation Act establishes that
6 the Chesapeake Bay Local Assistance Board is responsible for
carrying out the purposes and provisions of Chapter 21 of the Code
8 of Virginia;
Q WHEREAS, the Chesapeake Bay Local Assistance Board has
io promulgated a Request for Proposals to the Local Assistance
"I Competitive Grants Program;
12 WHEREAS, the Council of the City of Virginia Beach, Virginia
13 is the duly elected legislative body for the City of Virginia
14 Beach, Virginia, an eligible entity under the Local Assistance
15 Competitive Grants Program; and
16 WHEREAS, in accordance with the 1999 Competitive Grants
17 Program Request for Proposals, it is required that a Resolution
18 Authorizing the Submission of a Grant Application be received from
19 all localities party to a grant proposal.
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
2 That the City Manager is hereby authorized to submit, on
Z3 behalf of the City of Virginia Beach, an application for a grant in
24 the amount of $42,989 from the Chesapeake Bay Local Assistance
25 Department, and to enter into a grant agreement with the
26 Department, for the purpose of working towards achieving full
27 consistency with Phase II of the Regulations regarding
28 Comprehensive Plans, continuation of local program implementation,
29 and refinement of GIS information for local mapping assistance (the
30 "Project");
31 BE IT FURTHER RESOLVED:
32 That if the grant is awarded, the City of Virginia Beach
33 hereby agrees to provide local matching funds in an amount up to
34 the amount of the grant for a total Project cost of $85,978; and
35 BE IT FURTHER RESOLVED:
36 That if the City of Virginia Beach subsequently elects to
37 cancel this Project, the City hereby agrees to reimburse the
38 Chesapeake Bay Local Assistance Department for the total amount of
39 the funds expended by the Department through the date the
40 Department is notified of such cancellation.
41 Adopted by the Council of the City of Virginia Beach, Virginia
42 on the 24 day of March 1998.
43 APPROVED AS TO CONTENTS:
44 1-i@
45 Pi ment
46 APPROVED AS TO LEGAL
47 SUFFICIENCY
48
49 w Department
50 CA-6934
51 G:\DATA\ORDIN\NONCODF.\GRANT.RES
52 FEBRUARY 25, 1998
53 R-2
24 -
Item VI-I.4.a./b.
RESOLUTIONS ITEM # 43385
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Resolutions re Virginia Department of Transportation (VDOT) for
urban maintenance:
a. Request acceptance of an additional eligible 38.52 lane
miles of streets beginning July 1, 1998
b. Request acceptance of corrections to the Revised Road
Inventory, deleting 10.34 lane miles of streets from the
Urban Street Inventory
Voting: I 1-0 (By Consent)
Council Members Voting Aye.-
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent.-
None
March 24, 1998
1. A RESOLUTION REQUESTING THE
2 VIRGINIA DEPARTMENT OF
3 TRANSPORTATION TO ACCEPT
4 ADDITIONAL STREETS FOR URBAN
MAINTENANCE PAYMENTS
WHEREAS, the Virginia Department of Transportation
requires a Council resolution prior to accepting additional streets
8 for urban maintenance payments;
9 WHEREAS, the streets listed on Exhibit A (attached) have
10 been constructed in accordance with standards established by the
II Virginia Department of Transportation;
2 WHEREAS, the City of Virginia Beach has accepted and
13 agreed to maintain these streets; and
14 WHEREAS, a representative from the Virginia Department of
l@ Transportation has inspected and approved these streets.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby requests the Virginia Department
L9 of Transportation to accept the streets listed on Exhibit A which
:20 is attached hereto and incorporated by reference, and to begin
21 paying urban maintenance payments to the City of Virginia Beach
1
@2 based on the established rate.
Adopted by the Council of the City of Virginia
@@4 Beach, Virginia, on the 24 day of March 1998.
CA-6951
26 ORDIN\NONCODE\URBANMAINT.RES
)-7
R-3
@@8 PREPARED: 03/17/98 Approved as to Content:
9
Public'Works
Approved as to Legal
Suffic'
3
4
I A RESOLUTION REQUESTING THE
2 VIRGINIA DEPARTMENT OF
@3 TRANSPORTATION TO ACCEPT
4 CORRECTIONS TO THE REVISED
ROAD INVENTORY
6 WHEREAS, the Virginia Department of Transportation
7 requires a Council resolution prior to accepting
8 corrections/deletions to the revised road inventory for urban
9 maintenance payments;
10 WHEREAS, City personnel have reviewed the revised road
11 inventory prepared by the Virginia Department of Transportation and
12 have determined that some inaccuracies exist;
i-@ WHEREAS, corrections to the revised road inventory have
14 been made as shown on Exhibit A (attached); and
WHEREAS, a representative from the Virginia Department of
16 Transportation has inspected and approved these corrections.
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That the City Council hereby requests the Virginia
20 Department of Transportation to accept the corrections listed on
21 Exhibit A which is attached hereto and incorporated by reference,
22 and to begin paying urban maintenance payments to the City of
23 Virginia Beach based on the established rate.
24 Adopted by the Council of the City of Virginia Beach,
2 Virginia, on the 24 day of March 1998.
26 @@A-6958
27 ORDIN\NONCODE\ROADCORRECT.RES
28 R-1
29 PREPARED: 03/17/98
30 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
;i SUFFI
32
@3 Departm@nt of Public dorks
Form U- I URBAN DIVISION page I of
(Rev. 1-1-87) VOOT
EXHIBIT A REQUEST FOlt STREET ADDITIONS Olt DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
DELETIOMS/TO BE REPLACED Section 33.1-41.1
LOCAL Code of Virginia
MUNICIPALITY CITY OF VIRGINIA BEACH
STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE FUNC.
WIDTH WIDTH LINE OF MILES CLASS
ROUTE NUMBER (FEET) (FEET) MILES LAMES (TPD USE
ONLY)
FROM TO
G11 LANDSTOWN RD 0.14MW PRINCESS ANNE RD 0.34 NW PRINCESS ANNE RD 26. 0.2 2 0.4
G11 LANDSTOWN RD 0.34MW PRINCESS ANNE RD SALEM RD 26. 1.87 2 3.74
G11 LANDSTOWN RD PRINCESS ANNE RD 0.09MW PRINCESS ANNE RD 36. 0.09 2 0.18
G11 LANDSTOWN RD 0.09MW PRINCESS ANNE RD 0.14 NW PRINCESS ANNE RD 26. 0.05 2 0.1
-COUNCIL RESOLUTION MAP ATTACHED
SIGNED @. @ 3@ 3@ SIGNED RESIDENT ENGINEER DATE
MUNICIPAL OFFICIAL I DATE'
CLASSIFIED BY -DATE
SLibmit to: TPO ENGINEER
Resident Engi mer in Triplicate
Fom U-1 @ DIVISION Page I of
(R". 1-1-87) VDOT
EMIBIT A REGMST FOR $MET ADDITION$ OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
DELETIONS/TO K ITEPLACED Soctim 33.1-41.1
ITIMM ARTERIAL Code of Virginia
MUNICIPALITY CITY OF VIRGINIA BEACH
STREET KW TERMINI R/W PAVEMENT CENTER- @R LANE FUNC.
WIDTH WIDTH LINE OF MILES CLASS
ROUTE @R (FEET) (FEET) MILES LANES (TPD USE
FROM TO ONLY)
H11 LANDSTOWN RD HOLLAND RD PRINCESS ANNE RD 60. 0.97 4 3.88
I08 INTERNATIONAL PK LYNNHAVEN PK LONDON BRIDGE RD 90 25. 1.02 2 2.04
*COLMCIL RESOLUTION RAP ATTACKED
SIGNED SIGNED RESIDENT ENGINEER OAT!
PRMIK;IPAL OFFICIAL f DATE'
CLASSIFIED BY
Submit to: TPD ENGINEER DATE
R"ident Engi @r in Tripticst*
I
RE
I
I k
C) -
I -',
49,
NDON BRIDGE RD. EXT.
Form U- I L)RUW DIVISION Page I of 6
(Rev. 1-1 @87) VDOT
REQLIESY FOR STREET ADDITIONS OR DELETIONS
FMIBIT A FOR KNICIPAL ASSISTANCE PAYMENTS
S@tim 33.1-41.1
LOCKL Code of Virginia
MUNICIPALITY CITY OF VIITGINIA BEACH
STREE TERMINI R/W PAVEMENT CENTER- NLMER LANE IU"C
WIDTH WIDTH LINE OF MILES CLASS
(FEET) (FEET) MILES LANES (I 'D USE
DU I:: ()F LY)
TE ER N
FROM TO
MACDONALD RD INDIAN RIVER RD TOWANDA RD 50 30. 0.29 2 0.58
MONTICELLO OR HOBBS RD LE COVE DR 50 30. 0.12 2 0.24
NEPTUNE CT NEPTUNE AV CUL-DE-SAC 50 30. 0.01 2 0.02
GLYNDON DR COLLEGE PARK BV COLLEGE PARK BV 50 30. 0.23 2 0.46
HEALEY DR LANCELOT DR CUL-DE-SAC 50 30. 0.04 2 0.08
APPALOOSA CT LEVEL GREEN BV CUL-DE-SAC 50 30. 0.02 2 0.04
BORG CT GOOLAGONG DR CUL-DE-SAC 50 30. 0.04 2 0.08
CLEAR SPRINGS LN CLEAR SPRINGS RD CUL-DE-SAC 50 30. 0.13 2 0.26
CONNORS DR LEVEL GREEN OV GOOLAGONG DR 50 30. 0.11 2 0.22
EVERT DR BEECWALK DR CUL-DE-SAC 50 30. 0.14 2 0.28
LIPPIZAN CI LEVEL GREEN BV CUL-DE-SAC 50 30. 0.03 2 0.06
NEWCOMBE DR BEECHWALK DR GOOLAGONG DR so 30. 0.07 2 0.14
-COUNCIL RESOLUTION MAP ATTACHED
SIGNEDP. j@3 SIGNED RESIDENT ENGINEER DATE
MUNICIPAL OFFICIAL r DATE/
CLASSIFIED BY
Submit to: TPD ENGINEER DATE
Resident Erkgimer in Tripticate
Form U- I LIRS" DIVISION Page 2 of 6
(Nov. I I 8?) VDOT -
E)CHIBIT A REWEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
S@tim 33.1-41.1
LOCAL Code of Virginia
V&ticnal
MUNICIPALITY CITY OF VIRGINIA BEACH
TERMINI R/W PAVEMENT CENTER- NL)MBER LANE FUNC
WIDT WIDTH LINE OF MILES CLASS
(FEET) (FEET) MILES LANES (TPD USE
ONLY)
FROM TO
OWL CT LEVEL GREEN BV CUL-DE-SAC 50 30. 0.08 2 0.16
PERCHERN LN LEVEL GREEN BV CLEAR SPRINGS RD 50 30. 0.08 2 0.16
SHETLAND CT CLEAR SPRINGS RD CUL-DE-SAC 50 30. 0.05 2 0.1
TAR HEEL CT DREW DR CUL-DE-SAC 50 30. 0.03 2 0.06
TRADEWIND RD CLEAR SPRINGS LN LEVEL GREEN Bv 50 30. 0.36 2 0.72
COLLEEN CT LUCK LN CUL-DE-SAC 50 30. 0.04 2 0.08
GILDA CT LUCK LN CUL-DE-SAC 50 30. 0.02 2 0.04
LUCK LN DEAD END DEAD END 50 30. 0.26 2 0.52
VIENNA CT GLEN VIEW DR CUL-DE-SAC 50 30. 0.02 2 0.04
GRAND CI WESTBURY RD CUL-DE-SAC 50 30. 0.03 2 0.06
HILLOCK CG FURROW RE SHIRE RD 50 30. 0.04 2 0.08
SLACKPOOLE LN LAKE EDWARD DR CUL-DE-SAC 50 30 0.13 2 0.26
'CO(JNCIL RESOLUTION 14AP ATTACHED
SIGNED @- - "-AA SIGNED RESIDENT TE
PFRICIPAL OPFI L@
CLASSIFIED BY
Submit to:
Resident Engineer in Tripticate
Fom U-1 URBAN DIVISION Page 3 of 6
(a@. 1.1-87) VI>07
MMIBIT A REQLJEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
LOCAL Code of Virginia
AdU
MUNICIPALITY CITY OF VIRGINIA BEACH
STREET KW TERMINI R/W PAVEMENT CENTER- @R LANE Ftmc.
WIDTH WIDTH LINE OF MILES CLASS
ROUTE @R (FEET) (FEET) MILES LANES (TPO USE
FROM TO ONLY)
BUCKMINSTER LN LAKE EDWARD DR CUL-DE-SAC 50 30 0.14 2 0.28
DEL PARK CT VIRGINIA TECH TR CUL-DE-SAC 50 30 0.06 2 0.12
FOLKSTONE WY BLACKPOOLE LN BUCKMINISTER LN 50 30 0.06 2 0.12
RADFORD CT WESLEYAN DR CL-DE-SAC 50 32 0.02 2 0.04
FOXGLENN CT THOMPKINS LN CUL-DE-SAC 40 30 0.02 2 0.22
LARKINS LAIR CT WHITEHURST LANDING RD CUL-DE-SAC 40 36 0.11 2 0.26
BRANDY STATION CT GLENVIEW DR CUL-DE-SAC 50 30 0.04 2 0.08
COLD HARBOR CT MONUMENT DR CUL-DE-SAC 50 30 0.03 2 0.06
PARSONAGE CT HEATHERWOOD DR CUL-DE-SAC 50 30 0.01 2 0.2
PULLEY CT WILEY PL CUL-DE-SAC 50 30 0.04 2 0.08
WILEY PL BONNEY RD POLLYPINE DR 50 30 0.12 2 0.24
GREEN MEADOWS DR PINEBROOK DR SAMPSON LN 60 36 0.39 2 0.78
Form U-1 UROM DIVISION Page 4 of 6
(Rev. 1-1-87) VDOT -
EXHIBIT A REQMST FOR STREET ADDITIONS OR DELETIONS
FOR 14UNICIPAL ASSISTANCE PAYMENTS
Secti m 33.1-41.1
LOCAL Code of Virginia
MUNICIPALITY CITY OF VIRGINIA BEACH
STREET NA14E TERMINI R/W PAVEMENT CENTER- NUMBER LANE I N
WID N WIDTH LINE OF MILEs
CUACS
L S
ROIJTE NUMBER (F EET) i (FEET) MILES LANES (TPID USE
FROM TO ONLY)
MEADOW RIDGE LN SALEN RD CUL-DE-SAC 50 30. 0.27 2 0.54
GATEWAY PL PALACE GREEN BV CUL-DE-SAC 50 30. 0.07 2 0.14
PALACE GREEN BV SOUTH BV DEAD END 50 30. 0.13 2 0.26
PALACE PL PALACE GREEN BV CUL-DE-SAC 50 30. 0.08 2 0.16
CELTIC DR ROSEMONT DR STALLION DR 66 36. 0.28 2 0.56
CRIOLLO DR STALLION DR STALLION DR 50 30. 0.67 2 1.34
DARTMOOR CT CRIOLLO DR CUL-DE-SAC 50 30. 0.02 2 0.04
GELDING CT CRIOLLO DR CUL-DE-SAC 50 30. 0.02 2 0.04
STALLION DR DEAD END CRIOLLO DR 66 36. 0.05 2 0.1
CONCERT DR PRINCESS ANNE RD GATE AT AMPHITHEATRE 120 48. 0.49 4 1.96
RECREATION DR DAM NECK RD LAST SCHOOL ENT BY PARK 50 30. 0.74 2 1.48
YELLOWFIN CT KLINE DR END OF CUL-DE-SAC 50 30. 0.05 2 0.1
'COKJNCIL RESOLUTIDN MAP ATTACHED
SIGNED J. d - d@ @5 F SIGNED RESIDENT ENGINEER DATE
PFNICIPAL OFFICIAL DATE
CLASSIFIED BY
Submit to: TPD ENGINEER DATE
Resident Engi @ef in TripLicate
Form U-1
(Rev. I -I- 87) URBAN DIVISION Page 5 of 6
VDOT
EXHIBIT A REWAST FOR STREET ADDITIONS OR DELETIDNS
FOR MUNICIPAL ASSISTANCE PAYMENTS
LOCAL Sectim 33.1-41.1
Code of Virginia
MUNICIPALITY CITY OF VIRGINIA BEACH
STREET -NW TERMINI R/W PAVEMENT CENTER- NUMBER LANE FUNC.
ROUTE WWR WIDTH WIDTH LINE Of MILES CLASS
(FEET) (FEET) MILES LANES (TPO USE
FROM TO ONLY)
RIVERS EDGE COVE INGRAM RD CUL-DE-SAC 50 30. 0.15 2 0.3
ALBANY CT NIAGARA WY CUL-DE-SAC 50 30. 0.05 2 0.1
KERN CT NIAGARA WY CUL-DE-SAC 50 30. 0.02 2 0.04
NIAGARA WY SACRAMENTO DR SACRAMENTO DR 50 30. 0.21 2 0.42
SACRAMENTO OR CURRITUCK DR CURRITUCK DR 50 30. 0.6 2 1.2
WAKEHURST CT ABBOTSBURY W CUL-DE-SAC 50 30. 0.05 2 0.1
ASSEMBLY DR ASSEMBLY DR CUL-DE-SAC 50 30. 0.09 2 0.18
ASSEMBLY DR OLD DONATION PK CUL-DE-SAC 50 30. 0.08 2 0.16
BRACSTON RD BERNADOTTE ST 400' W BERNADOTTE ST 50 30. 0.08 2 0.16
AGECROFT RD 320' S REDMILL BV DEAD END 50 31. 0.14 2 0.28
HICKMAN AR AGECROFT RD AGECROFT RD 50 31. 0.19 2 0.38
BIERCE DR CULVER LN CUL-DE-SAC 50 30. 0.79 2 1.58
50 .58
*COUNCIL RESOLUTION MAP ATTACHED
SIGNED @, .,o SIGNED
MUNICIPAL RESIDENT ENGINEER
Submit to: CLASSIFIED BY
Resident Engi @ r in Tripticate TPD ENGINEER
Fom U- I URBAN DIVISION Page 6 of 6
(Rev. 1-1-87) VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
F"IBIT A FOR MUNICIPAL ASSISTANCE PAYMENTS
Sectim 33.1-41.1
LOCAL Code of Virginia
MUNICIPALITY CITY OF VIRGINIA BEACH
STREET -NAME TERMINI R/W PAVE14ENT CENTER- NUMBER LANE FUNC.
ROUTE MMER WIDTH WIDTH LINE OF MILES CLASS
(FEET) (FEET) MILES LANES (TPC) USE
FROM TO ONLY)
TENNYSON RD BIERCE DR UPTON DR 50 30. 0.02 2 0.04
TREESONG TR PAINTERS LN CUL-DE-SAC 40 30. 0.16 2 0.32
COUNCIL RESOLUTION & KAP ATTACHED
SIGNED MUP, @ - 3 SIGNED RESIDENT ENGINEER DATE
HICIPAL U@FIL;IAL DATE
Submit to: CLASSIFIED BY
Resident Engineer in Tripticate TPD ENGINEER DATE
Form U-1 URBAN DIVISION Page I of
(Rev. 1-1-87) VDOY
FMIBIT A REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Secti m 33.1-41.1
URBAN 14[kW ARTERIAL Code of Virginia
addi@.
MUNICIPALITY CITY Of VIRGINIA BEACH
STREET MANE TERMINI R/W PAVEMENT CENTER- NLMUR LANE FUNC.
WIDTH WIDTH LIKE OF MILES CLASS
ROIJTE NUMBER (FEET) (FEET) MILES LANES (TPD USE
ONLY)
FROM TO
WINDSOR OAKS BV INDEPENDENCE Bv S HOLLAND RD VAR 30. 0.73 4 2.92
DAM NECK RD RECREATION DR CELLAR DOOR WY VAR 30. 0.59 4 2.36
-COTJMCIL RESOLUTION & MAP ATTACKED
SIGNED SIGNED RESIDENT ENGINEER DATE
RUNICIPAL OFFICIAL I DATE'
CLASSIFIED BY
SUbmit to: TPD ENGINEER DATE
Resident Engineer in Triplicate
Fom U-1 URBAN DIVISION Page 1 of
(Rev. 1-1-87) VDOT
EXHIBIT A REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTA61CE PAYMENTS
S"ti@ 33.1-41.1
URBAN PRINCIPAL ARTERIAL Code of Virginia
MUNICIPALITY CITY OF VIRGINIA BEACH
STREET -MAKE TERMINI R/W PAVEMENT CENTER- MLOIBER LANE FUNC.
ROIJTE WIDTH WIDTH LINE OF MILES CLASS
NUMBER (FEET) (FEET) MILES LANES (TPC) USE
FROM TO ONLY)
LONDON BRIDGE RD EXT SHIPPS CORNER RD DAM NECK RD 115 30. 0.32 4 1.28
'COKJNCIL RESOLUTION & MAP ATTACKED
SIGNED P - 6 - RESIDENT ENGINEER DATE
IMICIPAL OFFICIAL I DATE
CLASSIFIED BY
Submit to: TPD ENGINEER DATE
Resident Engi @er in Tripticate
Fom U- I L"tg" DIVISION Page i of
(Rev. 1-1-97) VDOT
E)CHIBIT A REQUEST FOR STREET ADDITIONS Olt DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
ADDITIONS/REPLACE DELETIONS Secti w 33.1-41.1
URBAN MINOR ARTERIAL Code of Virginia
MUNICIPALITY CITY OF VIRGINIA BEACH
STREET NAME TERMINI R/W PAVEMENT CENTER- MLNIBER LANE FUNC.
WIDTH WIDTH LINE OF MILES CLASS
ROUTE NUMBER (FEET) (FEET) NILES LANES (TPD USE
FROM TO ONLY)
1 DAM NECK RD PRINCESS ANNE RD RECREATION OR 50 30. 1.2 4 4.8
1 DAM NECK RD HOLLAND RD PRINCESS ANNE RD 50 30. 0.97 4 3.88
INTERNATIONAL PK LYNNHAVEN PK LONDON BRIDGE RD 90 30. 1.02 4 4.08
'COUNCIL RESOLUTION & MAP ATTACHED
SIGNED
SIGNED @-pa@tc@ -7 R S DENT ENGINEER DATE
MMICIFAL OFFICIAL' DRTE
CLASSIFIED BY
Svbmit to: TPO ENGINEER DATE
Resident Engineer in Tripticate
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- 25 -
Item VI-J.
PUBLIC HEARING ITEM # 43386
Mayor Oberndorf DECLARED A PUBLIC HEARING.'
GREAT NECK DISTRICT PARK
11.77 Acres
Lynnhbaven Borough
Renewal of Lease on City-Owned Property
The following registered to speak in SUPPORT:
W. Kevin Hunt, 1304 Wellington Court, President - Great Neck Little League
Jim Weirich, 1508 Back Cove Road
Thefollowing registered to speak in OPPOSITION
Jay Kerney, 2648 Shorehaven Drive, Phone: 496-2956, presented petitions in OPPOSITION, which are
hereby made a part of the record.
David Hayden, 2556 Shorehaven Drive, Phone: 481-6815
Bonnie Kerney, 2648 Shorehaven Drive, Phone: 496-2956
Thomas M. McCrory, 2612 Shorehaven Drive, Phone: 481-5426
Ted Gardner, 1447 Back Cove Road, Phone; 481-7318
Scott Grove, 2548 Shorehaven Drive, Phone: 496-3141
7'here being nofurther speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
March 24, 1998
- 26 -
Item VI-K.
OPDINANCES ITEM # 43387
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE
MOTION Ordinances 2, 3, 4, 5, 6, 7 and 8 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan * Mayor Meyera E. Oberndorf Nancy K. Parker
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
*C'ouncil Lady McClanan VOTED A VERBAL NAY on Item K-5
Co u n cil Lady Po rker VO TED A VERBAL NA Y on Item K- 7. c.
March 24, 1998
- 27 -
Item VI-K.1.
ORDINANCES ITEM # 43388
Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance re a five-year lease renewal on an 11.77 acre parcel
of City-owned property in Great Neck District Park to GNBL,
Inc. (formerly known as Great Neck Baseball League), including
alterations, improvements and additions to the premises requested
by the lessee; and, authorize the City Manager to execute all
documents (LYNNHAVEN BOROUGH).
This Ordinance is subject to:
The batting cage being relocated to the satisfaction of the City
Manager and Parks & Recreation Staff; trash control being
addressed; and, hours of use and other lease provisions being
strictly enforced.
Voting: I I - 0 (By Consen i)
Council Members Voting Aye.-
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba &
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay.-
None
Council Members Absent:
None
March 24, 1998
1 AN ORDINANCE TO APPROVE A LEASE
2 BETWEEN THE CITY OF VIRGINIA BEACH
3 AND GNBL, INC., F/K/A GREAT NECK
4 BASEBALL LEAGUE, FOR A PORTION OF
5 GREAT NECK PARK
6 WHEREAS, a lease between the City of Virginia Beach,
7 Virginia and GNBL, Inc., formerly known as the Great Neck Baseball
8 League, for a portion of Great Neck Park in the City of Virginia
9 Beach has expired and the parties wish to enter into a lease for
10 the next five years;
11 WHEREAS, Virginia Code Section 15.2-1800 requires that
12 City Council approve all leases of City property;
13 WHEREAS, City staff recommends approval of the attached
14 lease between the City of Virginia Beach and GNBL, Inc.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17 That the attached lease between the City of Virginia
18 Beach and GNBL, Inc. is hereby approved and the City Manager is
19 duly authorized to execute it on behalf of the City.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 24 day of March 1998.
22 CA-6948
23 ORDIN\NONCODE\CA6948.ORD
24 R-1
25 PREPARED: March 12, 1998
26 APPROVED AS TO CONTENT:
27
28
29 APPROVED AS TO LEGAL
30 SUFFICIENCY:
31
32 Department of Law 3/ .131.9 S'
PROPOSED LEASE TERM SHEET
[CITY AS LANDLORD]
DEPARTMENT: Parks and Recreation
PREMISES DESCRIPTION: That portion of Great Neck District Park
which consists of four ballfields at the present time
TENANT: GNBL, Inc. , formerly known as Great Neck Baseball League
INITIAL LEASE TERM: One Year
BEGINNING: April 1, 1998
RENEWAL OPTION(S) : Automatic Renewal each year on January ist
terminating on December 31, 2002
RENT: (A) $ 1.00 annually
(B) Escalator: none
(C) Other Costs: Tenant to maintain premises
(grasscutting, etc.) and keep premises in good repair; Tenant to
install and pay for weekly services of two portable toilets; Tenant
to pay for all utilities.
TERMINATION PROVISIONS: Either party can terminate at least thirty
(30) days prior to the end of the then current calendar year term
(i.e., by November 30th of each year); City may terminate for
default if after ten days' notice, default is not remedied
OTHER SIGNIFICANT PROVISIONS: Alterations are not permitted
without express written approval by City; this Lease contains
approval to add two(2) additional T-ball fields to Field #3, two
(2) pitching warm-up areas, a double alley batting safety cage, a
small set of bleachers adjacent to each of the two new ballfields,
backstops for each of the two new ballfields, two new dugouts for
each of the existing four ballfields, and to modify existing
fencing on Field #3 to permit spectator access to the new
ballfields. See generally, Exhibit B of the Lease.
@-, \dat.\fomo\leaBes\outline.f@i
CITY OF VIRGINIA BEACH AND
GNBL, INC. F/K/A GREAT NECK BASEBALL
LEAGUE LEASE AGREEMENT
THIS AGREEMENT OF LEASE made and entered into as of the 1st day of April, 1998, for
the specified term, by and between the City of Virginia Beach, a municipal corporation of the
Commonwealth of Virginia, hereinafter referred to as "Lessor", and GNBL, Inc., f/k/a the
Great Neck Baseball League, a Virginia corporation, hereinafter referred to as "Lessee", with
address at P. O. Box 3004, Virginia Beach, Virginia, 23454.
WITNESSETH:
That for and in consideration of the sum of one dollar ($1.00) paid by the Lessee to the Lessor
upon execution of this lease agreement, receipt of which is hereby acknowledged; and other
valuable consideration given by Lessee, the Lessor does hereby lease to the Lessee and the
Lessee does hereby lease from the Lessor, subject to the terms and conditions provided in this
lease agreement, that parcel of land hereinafter referred to as "Premises" described as follows:
All that certain piece or parcel of land, lying and situated in the City of
Virginia Beach, Virginia, containing 11.77 acres and designated on that
certain plat entitled: "Sketch of Ballrield Lease Area for GNBL, Inc., f/k/a/
the Great Neck Baseball League." Lynnhaven Borough, Virginia Beach,
Virginia, Survey Bureau, Engineering Division, Department of Public
Works, City of Virginia Beach, Virginia, Date: March 13, 1998, Scale: 1"
= 100'. A copy of said plat is attached hereto and marked "Exhibit A".
This lease agreement shall be subject to all easements and restrictions of record and shall be
subject to such terms and conditions as follows:
TERM:
The initial term of this lease shall commence upon the full execution of this lease agreement and
shall terminate on December 31, 1998.
EXTENSION OF TERM:
Except for the initial term as specified above, it is expressly agreed that this lease agreement
shall be considered a year-to-year lease from January 1st through December 31st of each
calendar year. It is also expressly agreed that this lease agreement shall automatically and
1
without further action on the part of either party be extended from calendar year to calendar
year for a maximum of four(4) additional calendar year terms terminating on December 31,
2002, unless and until one of the parties shall give to the other party thirty(30) calendar days
written notice of non-renewal prior to the end of the then current calendar year term.
USE OF PREMISES:
Lessee shall not use the Premises for any purpose other than hereinafter set forth, nor shall the
Lessee commit or permit any nuisance to be created or maintained on the Premises, nor operate
or knowingly permit the operation of any illegal acts thereon.
It is expressly understood and agreed that all activities on the Premises will be solely that of the
Lessee and that Lessee in no way represents or acts on behalf of the Lessor or any department
thereof especially with respect to authorizing a third party use of the Premises without the
expressed written consent of the Lessor.
The Lessee shall comply with all laws, rules and regulations of the City of Virginia Beach and
all other goverrunental authorities respecting the use of any operations and activities on the
premises, and shall not make, suffer, or permit any unlawful, improper, or offensive use of
such premises or permit any nuisance thereon.
In accordance with the provisions of Chapter 23, Section 23-47, of the City of Virginia Beach
City Code regarding loud, disturbing, and unnecessary noise, no loudspeaker, speakers,
microphone of any kind, megaphone, "Karioke" microphone, siren, bell, horn, drum,
amplifier, radio, cassette player or CD player or other noise making instrument or device are
permitted to be used on the Premises by the Lessee or its members, guests, invitees, or Great
Neck Baseball League participants, relatives, or attendees. Electronic scoreboards may be used
on the Premises by the Lessee provided that all such electronic scoreboards are silent at all
times.
SPECIAL CONDITIONS:
Lessee shall not use the Premises or allow the Premises to be used between the hours of 8:00
p.m. and 8:00 a.m. daily but not earlier than 11:00 a.m. on Sundays.
Lessee shall not perform grass cutting or other maintenance work on the Premises between the
hours of 8:00 p.m. and 8:00 a.m. daily but not earlier than 11:00 a.m. on Sundays.
Lessor hereby authorizes the Lessee to construct and maintain one temporary concession
building on the leased Premises to be known as the Great Neck Baseball League Concession
Facility. Said building shall be located at the center of the four ballfield complex and shall
2
remain in place after construction on the Premises throughout the term of this agreement.
Access and use of this concession facility shall coincide with use of the balifields as permitted
through the City of Virginia Beach, Department of Parks and Recreation, Athletics Unit. Lessee
shall use the concession facility only for the preparation and retail sale of food and non-
alcoholic beverages and sundry items and for the storage of related supplies and equipment. No
items offered for sale shall be packaged in a glass container. All proceeds from the operation of
the concession facility shall be retained by the Great Neck Baseball League. The cost of all
necessary maintenance and repairs to the concession facility building shall be the sole
responsibility of the Lessee.
Lessor hereby authorizes the Lessee to construct and maintain one temporary storage building
on the leased Premises to be known as the Great Neck Baseball League Storage Building. Said
building shall remain in place after construction on the Premises throughout the term of this
agreement for the sole purpose of storage of balifield maintenance equipment and supplies.
Access and use of this storage facility shall coincide with use of the ballfields as permitted
through the City of Virginia Beach, Department of Parks and Recreation, Athletics Unit. The
cost of all necessary maintenance and repairs to the storage building shall be the sole
responsibility of the Lessee.
Lessee shall annually repair all damages to the grounds of the Premises caused by pedestrian
traffic.
Lessee shall initiate written notification during the month of March of each calendar year to the
coaches and parents of all participants in the league that parking in the parking lots of the Great
Neck Community Recreation Center and the parking lots located inside the entrance gates of
Great Neck District Park to attend league practices and games is not permitted. Said written
notification shall also direct the coaches and parents of all participants in the league to park only
in the parking lot inunediately adjacent to the ballfields and the parking lot of Cox High School.
A copy of said written notification shall also be provided to the Parks Administrator of the City
of Virginia Beach. Following said written notification, Lessee shall initiate whatever actions
become necessary to ensure that the coaches and parents of league participants do, in fact,
comply with said parking restrictions at all times.
Lessor hereby authorizes the Lessee to use a designated area of the City district park office
building for the purpose of temporary storage of food concession items and concession support
equipment during the period from March 16th thru November 15th only. At no time shall food
be prepared or sold in this area. Access to the designated storage area by the Lessee shall be
coordinated with Mr. Danny Weinbrecht, supervisor of Great Neck District Park, and shall be
authorized only during the hours that the district park is open to the public.
Lessee shall place at least two(2) portable toilets at the end of, and between, balifield #1 and
3
ballfield #2 (See Exhibit A) at the Lessee's sole cost and expense. Lessee shall also be solely
responsible for the weekly service of said portable toilets at the Lessee's sole cost and expense.
Placement and service of the portable toilets shall coincide with the scheduled use of the
Premises by the Lessee.
Lessee shall police the grounds of the Premises daily to ensure that all trash from the use of the
Premises is placed in the trash containers that shall be provided by the Lessor. Lessor shall
empty all trash containers on the Premises on a regular basis and dispose of all trash from the
Premises at Lessor's expense.
ALTERATIONS, IMPROVEMENTS, OR ADDITIONS:
All alterations, improvements, or additions to the Premises shall comply with all applicable
building codes, zoning codes, and other laws, ordinances, and regulations. Lessee shall submit
a written request to construct any alterations, improvements, or additions to the Premises to the
Lessor and must receive the prior written authorization from the Lessor prior to the
commencement of any construction work. Any such alterations, improvements, or additions
shall be at the sole expense of the Lessee and Lessee shall indemnify Lessor from any expense
related to the repair of any damage to the Premises caused by said construction work.
Lessor hereby authorizes Lessee to make alterations, improvements, and additions to the
Premises subject to the following terms and conditions:
1. All expenses shall be at the sole expense of the Lessee.
2, All materials shall be of similar quality as currently exists on the Premises.
3. All workmanship will be performed by professional, licensed contractors and shall
comply with all applicable City building codes, zoning codes, and all other City laws,
ordinances, and regulations.
4 Lessee shall ensure that players and spectators do not sit on the berm located between
the Premises and Shorehaven Drive at anytime.
5 All work shall be completed not later than June 30, 1998.
6, Scope of work shall be limited to the following specified alterations, improvements, and
additions as shown on attached Exhibit B.
A. Lessee may construct two (2) additional T-ball ballfields with solid dirt infields
and team benches on both sides of the infields within the existing outfield fencing
4
of ballfield #3. (See #1 on Attached Exhibit B).
B. Lessee may construct two(2) pitching warm up areas (bull pens) on existing
ballfields #1, #2, and #4 to allow players a safe space to throw without
endangering spectators or other players (See #2 on Attached Exhibit B).
C. Lessee may NOT construct a batting practice safety cage of any kind or as shown
on Exhibit B between the outfield fencing of balifield #1 and the berm (See #4 on
Attached Exhibit B).
D. Lessee may install one small set of spectator bleachers adjacent to each of the
two new ballfields (See #5 on Attached Exhibit B).
E. Lessee may construct a thirty foot(30') wide by ten foot(10') high backstop on
each of the two new balifields (See #6 on Attached Exhibit B),
F. Lessee may construct two new dugouts on each of the four existing balifields.
Each dugout shall be six feet(6') high and twenty feet(20') long and shall be
constructed of chain link fencing with a shed roof that is eight feet(8') high in the
front and seven feet (7') high in the rear. All dugouts shall be compatible with the
architectural style of existing park structures. (See #7 on Attached Exhibit B).
G. Lessee may modify existing fencing on ballfield #3 to install one new personnel
entrance gate on each of the two new ballfields adjacent to the new spectator
bleachers to give players convenient access to the new ballfields (See #9 on
Attached Exhibit B).
NOTIFICATION OF OFFICERS:
Lessee shall provide the names, mailing addresses, business phone number and home phone
number of all officers on the Executive Committee of the Lessee's association in writing to the
Lessor at the time this lease agreement is executed and not later than October 31st of each
calendar year term thereafter.
NOTIFICATION OF PRACTICE, GAME, AND TOURNAMENT SCHEDULES:
Lessee shall provide to the Lessor a written schedule of all practice and game schedules of all
teams who will utilize the Premises at the time this lease agreement is executed and not later
than March 31st of each calendar year term thereafter. Lessee shall also provide to the Lessor a
written schedule of all post season tournament games to be held on the Premises within 72
hours of the scheduling of such post season tournament games.
5
ANNUAL MEETING WITH LESSOR:
All officers on the Executive Committee of the Lessee's association shall meet with
representatives of the Lessor at the time this lease agreement is executed and not later than
April 30th of each calendar year term thereafter on a date and time mutually agreed upon by the
representatives of the Lessor and Lessee.
TREE REMOVAL:
Lessee shall not cut, trim, damage, deface, or remove any tree, shrub, or other vegetation upon
the Premises or to cause, procure, or direct the cutting, trinuning, damaging, defacing or
removal of any such tree, shrub, or other vegetation without the prior written authorization of
the Lessor in accordance with Section 23-39.1 of the City Code. If Lessee shall commit any of
the acts prohibited in Section 23-39.1 of the City Code upon more than one tree or shrub,
Lessee shall be guilty of a Class I misdemeanor with respect to each such tree or shrub.
REPAIRS AND MAINTENANCE:
The Lessee has examined the premises and found them acceptable and in satisfactory condition
and adequate for the purposes of the Lessee as of the date of execution of this lease agreement.
The Lessee agrees that at all times during the terms of this lease agreement the Lessee shall
maintain and keep the premises and property in a safe, clean, and sanitary condition, and that
the Lessee shall surrender the premises in as good condition as received, reasonable wear and
tear excepted.
All personal property belonging to the Lessee shall be maintained in good condition during the
term of this lease agreement. The Lessee agrees that the personal property belonging to the
Lessor shall not be removed from the premises at anytime during the term of this lease
agreement and shall be surrendered to the Lessor at the end of the term in good condition,
reasonable wear and tear excepted. Additionally, the Lessee shall keep such personal property
in good repair at the expense of the Lessee during the term of this lease agreement.
The Lessee shall be responsible for maintaining all utilities connected to the temporary building
known as the Great Neck Baseball League Concession Facility at its sole expense during the
term of this lease agreement.
The Lessee shall be responsible for maintaining in good, safe, and working condition the
temporary building known as the Great Neck Baseball League Concession Facility at its sole
expense during the term of this lease agreement.
6
INDEMNIFICATION:
Except as otherwise provided herein, Lessee shall indemnify Lessor against all liabilities,
expenses, and losses incurred by Lessor as a result of: 1) failure by Lessee to perform any
covenant required to be performed by the Lessee hereunder; 2) any accident, injury, or damage
which shall happen in or about the leased Premises or appurtenances thereto or resulting from
the condition, maintenance or operation of the leased Premises. Lessee further agrees to defend,
indemnify, and hold harmless the Lessor, its employees, agents, and volunteers from any and
all liability and damages for injuries to persons or damage to property arising out of the acts or
omissions of the Lessee, Lessee's agents or employees under this lease agreement.
INSURANCE:
Lessee, at its expense, shall maintain in full force and effect during each calendar year term of
this lease agreement, a general liability insurance policy including products liability coverage at
a minimum limit of $1,000,000 combined single limit (CSL) to cover all liability arising out of
the terms of this lease agreement. Lessee shall provide a written declaration of this insurance
policy from the Lessee's insurance company to the Lessor at the time this lease agreement is
executed and during the month of January of each calendar year term.
ALCOHOLIC BEVFRAGES:
This agreement expressly prohibits the sale of any alcoholic beverages on the Premises or the
holding of any ABC license by the Lessee. In addition, Lessee shall ensure that no alcoholic
beverages are consumed on the Premises at any time by the Lessee or its members, guests,
invitees, or the relatives or attendees of little league participants.
BUSINESS OPERATION:
Lessor hereby grants Lessee authorization to operate concession facilities on the Premises
subject to the condition that all foodstuffs and other articles sold by the Lessee are of pure and
good quality and all prices charged by the Lessee are reasonable and at the Fair Market Value.
FIRE OR CASUALTY:
Except as otherwise provided herein, in the event that the buildings or improvements on the
Premises or any part thereof are damaged or destroyed by fire or other casualty, Lessor shall
have no obligation to reconstruct the same. Lessee may, at its sole option, reconstruct or repair
any such improvements to the extent it chooses provided such reconstruction or repair has the
prior written authorization of the Lessor and is in accordance with all applicable City building
and zoning codes, and all other City codes, ordinances, and regulations. Lessee shall bear all
7
expenses for all aforementioned reconstruction or repair.
LESSOR'S RIGHT OF USE:
Except as otherwise provided herein, Lessee agrees that all fields and facilities will be made
available to Lessor or its permittees upon request providing the requested dates do not interfere
with prior scheduled games or activities of the Lessee. Requests for field use by Lessor or its
permittees must be made at least ten(10) days in advance. In addition, Lessor and its permittees
shall have the right to use all restroom facilities on the Premises for the benefit of the public
whenever such facilities are open to Lessee or its permittees.
Lessor retains the right of ingress and egress for itself, its agents and employees to all areas,
Lessor shall have the right to enter into and upon said Premises, streets, or areas adjacent
thereto. Lessee further agrees that if future development of the property herein leased is
undertaken by Lessor, Lessee agrees to release the necessary property to allow for the
development.
UTILITIES:
Lessee agrees to pay the cost of all electricity, gas, water, sewage disposal and other utilities
used upon the Premises. Any easements granted by the Lessor to the Lessee for such utilities
shall terminate immediately upon the termination of this lease agreement.
TERMINATION:
In the event the Lessee shall be adjudicated bankrupt or insolvent or take the benefit of any
reorganization of composition proceedings or insolvency law; or make an assignment for the
benefit of creditors; or if the interest of the Lessee under this lease agreement shall be levied
upon or attempted to be sold under any execution or process of law; or if a Receiver is
appointed for the Lessee, then and thereafter, the Lessor shall have the right and option to
terminate this lease agreement irrespective of whether or not default exists hereunder. Said
termination shall be effective inunediately upon the Lessor's exercise of such option.
DEFAULT OR ABANDONMENT:
In the event the Lessee breaches or fails to perform any agreements herein; or abandons the
premises, the Lessor shall have the option to terminate this lease agreement if the Lessee fails to
cure such breach or default within ten(10) calendar days of the receipt of written notice thereof.
The Lessor may resume possession and relet the premises for the account of the Lessee. In
addition hereto, the Lessor may pursue such other remedies as are provided by law in the event
of any breach, default or abandonment by the Lessee.
8
SURRENDER OF PREMISES:
Upon the termination or expiration of this lease agreement, Lessee shall surrender the premises
to the Lessor in as good order and condition as at the commencement of the term (ordinary
wear and tear excepted) and any improvements made to the property by the Lessee shall become
the property of the Lessor.
SEVERABILITY:
Should any section, paragraph, sentence, or clause of this lease agreement be declared invalid
for any reason, the remainder of said lease agreement shall not be affected and shall remain in
full force and effect.
APPLICABLE LAW:
This lease agreement shall be deemed to be a Conunonwealth of Virginia contract and shall be
governed as to all matters whether of validity, interpretations, obligations, performance or
otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising
with respect thereto shall be determined in accordance with such laws. Regardless of where
actually delivered and accepted, this contract shall be deemed to have been delivered and
accepted by the parties in the City of Virginia Beach, Virginia.
COMPLIANCE WITH ALL LAWS:
Lessee shall comply with all Federal, State, and City statutes, ordinances, and regulations now
in effect or hereafter adopted in the performance of the terms of this contract as set forth
herein. Lessee represents that it possesses all necessary licenses and permits required to conduct
its business and will acquire any additional licenses and permits necessary for performance of
the terms of this contract prior to the initiation of work.
VENUE:
Any and all suits for any claims or for any and every breach or dispute arising out of this
contract shall be maintained in the appropriate court of competent jurisdiction in the City of
Virginia Beach.
ENVIRONMENTAL LIABILITY:
Any costs associated with violations of the law including, but not limited to, remediations, clean
up costs, fines, administrative or civil penalties or charges, and third party claims imposed on
the City of Virginia Beach by any regulatory agency or by any third party as a result of the
9
noncompliance with Federal, State, or City environmental laws and regulations or nuisance
statutes by the Lessee or its members or invitees or by subcontractors, consultants, sub-
consultants, or any other persons, corporations, or legal entities retained by the Lessee for this
contract, shall be paid by the Lessee.
ASSIGNMENT OR SUBLETTING:
Lessee covenants not to assign, mortgage, or encumber this lease agreement nor sublet, or
suffer or permit the Premises, or any part thereof, to be used by others without the prior written
authorization of the Lessor.
SIGNS & ALTERATIONS:
Lessee shall not place or suffer to be placed or maintained on the Premises, any sign or
advertising matter or other thing of any kind without the prior written authorization of the
Lessor.
MODIFICATION:
There shall be no modification of this lease agreement, except in writing, executed by the
authorized representatives of the Lessor and the Lessee.
IN WITNESS WHEREOF, the Lessor and the Lessee have duly executed this agreement effective
as of the date first written above.
ATTEST: CITY OF VIRGINIA BEACH
BY
Ruth Hodges Smith City Manager/Authorized
City Cl-@-l@- Designee of the City Manager
APPROVED:
Parks and Recreati Date Approved
APPROVED: SIZ71"
F D6te <pproved
1 0
APPROVED: @m,, o A,,Zsf. 311719,q
@lic Works/Real Estate Date 4pproved
APPROVED: Hills 2,L@. 3li@IIY
Crty Attorney's Office Date Approved
ATTEST: GNBL, INC., Uk/a Great Neck
Little League, a VI
corpo to
Kay(Gramling
Secretary President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of
1998, by City Manager/Authorized Designee of The City Manager, of the
City of Virginia Beach, Virginia, a municipal corporation, on behalf of the City of Virginia
Beach, Virginia.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of
1998, by Ruth Hodges Smith, City Clerk, of the City of Virginia Beach, Virginia, a municipal
corporation, on behalf of the City of Virginia Beach, Virginia.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Rebecca L. Earle, a Notary Public in and for the City of and State aforesaid, do
hereby certify that W. Kevin Hunt, President of GNBL, Inc., f/k/a the Great Neck Baseball
League, a Virginia corporation, has acknowledged the same before me in my City and State
aforesaid on behalf of the corporation.
Given under my hand this 16th day of March, 1998.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Rebecca L. Earle, a Notary Public in and for the City of and State aforesaid, do
hereby certify that Kay Gramling, Secretary of GNBL, Inc., f/k/a the Great Neck Baseball
League, a Virginia corporation, whose name is signed to the foregoing writing, has
acknowledged the same before me on behalf of the corporation.
Given under my hand this 16th day of March, 1998.
Niit;ky Public
My Commission Expires: -@60 /
12
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OFFICE OF THE CITY MANAGER MUN CIPAL CENTER
@ 757) 427 4242 VIRG NIA BEACH V RO NIA 23456 90C
I AX (757) 427 4135
Dr, (757) 427 4305
April 2, 1998
Honorable Meyera E. Oberndorf, Mayor
and Members of City Council
RE: Proposed Great Neck Baseball League Batting Cage
Dear Members of City Council:
In response to City Council's direction, regarding the Great Neck Baseball League lease
agreement, the Parks and Recreation staff performed a site inspection of the ballfield complex to
determine if the proposed batting cage could be relocated. After an on-site inspection, it was
determined that there is not another viable location for the proposed batting cage that would not
interfere with the usage of adjacent park facilities by the general public and compromise safety.
The Department of Parks and Recreation recommends, and I concur, that the construction of a
batting cage be disapproved. Mr. Kevin Hunt, President of the Great Neck Baseball League,
supports this decision. Construction of all other additions and renovations that were approved by
Council will begin this week. Opening day ceremonies for the Great Neck Baseball League will be
this Saturday, April 4.
As directed by Council as a condition of your approval of the lease agreement, Parks and
Recreation staff have requested the City Attorney's Office to prepare an amended lease agreement
for my signature. The amended lease agreement will specifically prohibit construction of a batting
cage by the Great Neck Baseball League.
Honorable Meyera E. Oberndorf, Mayor
Members of City Council
April 1, 1998
Page two
Sara Hensley has assured me that the Parks and Recreation staff will closely monitor the activities
of the Great Neck Baseball League to ensure they comply with all the terms and conditions of the
lease agreement.
Sincerely,
i Spore
City Manager
c Sara Hensley, Acting Director
Department of Parks and Recreation
- 28 -
Item VI-K.2.
ORDINANCES ITEM # 43389
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND Sections 18-16 and 18-29 of the City Code
re Business Licenses by establishing one rate of interest for
delinquent business license taxes, simplifying audit provisions and
increasing the penalty for failing to appear or supply records
necessaryfor audits. (Deferred.- March 10, 1998)
Voting.- ] 1-0 (By Consent)
Council Members Voting Aye.-
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
March 24, 1998
AN ORDINANCE TO AMEND THE CITY CODE
2 PERTAINING TO BUSINESS LICENSES BY
3 ESTABLISHING ONE RATE OF INTEREST
4 FOR DELINQUENT BUSINESS LICENSE
5 TAXES, SIMPLIFYING AUDIT PROVISIONS,
6 AND INCREASING THE PENALTY FOR
FAILING TO APPEAR OR SUPPLY RECORDS
8 NECESSARY FOR AUDITS
9 SECTIONS AMENDED: §§ 18-16 and 18-29
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
ii BEACH, VIRGINIA:
-@2 That Sections 18-16 and 18-29 of the City Code are hereby
'3 amended and reordained as follows:
14 Sec. 18-16. Penalties and interest for late payment of tax.
i5 (a) A penalty of ten (10) percent of the tax may be
6 imposed upon the failure to file an application or the failure to
7 pay the tax by the appropriate due date. Only the late filing
8 penalty shall be imposed by the commissioner of the revenue if both
19 the application and payment are late; however, both penalties may
20 be assessed if the commissioner of the revenue determines that the
21 taxpayer has a history of noncompliance. In the case of an
22 assessment of additional tax made by the commissioner of the
23 revenue, if the application and, if applicable, the return were
24 made in good faith and the understatement of the tax was not due to
25 any fraud, or any reckless or intentional disregard of the law by
26 the taxpayer, there shall be no late payment penalty assessed with
2 '7 the additional tax. If any assessment of tax by the commissioner of
28 the revenue is not paid within thirty (30) days, the treasurer or
29 other collecting official may impose a ten (10) percent late
30 payment penalty. Any such penalty when so assessed shall become a
3 '@ part of the tax. The penalties shall not be imposed, or if imposed,
32 shall be abated by the official who assessed them, if the failure
33 to file or pay was not the fault of the taxpayer. In order to
34 demonstrate lack of fault, the taxpayer must show that he or she
35 acted responsibly and that the failure was due to events beyond his
36 or her control.
37 For purposes of this section, "acted responsibly" means
38 that: (i) the taxpayer exercised the level of reasonable care that
39 a prudent person would exercise under the same or similar
40 circumstances in determining the filing obligations for the
41 business, and (ii) the taxpayer undertook significant steps to
42 avoid or mitigate the failure, such as requesting appropriate
43 extensions (where applicable), attempting to prevent a foreseeable
44 impediment, acting to remove an impediment once it occurred, and
45 promptly rectifying a failure once the impediment was removed or
46 the failure discovered.
47 "Events beyond the taxpayer's control" include, but are
48 not limited to, the unavailability of records due to fire or other
49 casualty; the unavoidable absence (due to death or serious illness)
50 of the person with the sole responsibility for tax compliance; or
51 the taxpayer's reasonable reliance in good faith upon erroneous
52 written information from the commissioner of the revenue, who was
53 aware of the relevant facts relating to the taxpayer's business
54 when the erroneous information was provided.
55 (b) Interest at the rate of ten (10) percent per annum
56 shall be charged on the late payment of the tax from the due date
57 until the date paid without regard to fault or other reason for the
58 late payment.
59
60
61 Whenever an assessment of additional or omitted tax
2
62 by the commissioner of the revenue is found to be erroneous, all
63 interest and penalty charged and collected on the amount of the
64 assessment found to be erroneous shall be refunded together with
65 interest on the refund from the date of payment or the due date,
66 whichever is later. Interest shall be paid on the refund of any
67 license tax paid from the date of payment or due date, whichever is
68 later, whether attributable to an amended return or other reason.
69 Interest on any refund shall be paid at the same rate charged under
-70 this section.
'7 1 (c) No interest shall accrue on an adjustment of
@2 estimated tax liability to actual liability at the conclusion of a
73 base year. No interest shall be paid on a refund or charged on a
74 late payment, in event of such adjustment, provided the refund or
the late payment is made not more than thirty (30) days from (i)
-76 the date of the payment that created the refund, or (ii) the due
"7 date of the tax, whichever is later.
'78 . . . .
'79 Sec. 18-29. Examination and audit of licensee's recordb.
80 (a) The commissioner of revenue, his duly authorized
81 agent, or any other officer of the city charged in any manner with
82 the duty of assessing or collecting taxes may conduct an
83 investigation, examination or audit to determine that the amount of
84 actual purchases or sales or actual commissions or the gross or net
85 receipts from any business or profession or any other matters that
86 may be pertinent to the assessment of the license tax in question
87 have been correctly reported or returned in accordance with section
88 18-13. To that end, the commissioner of revenue may summon such
89 person before him and require the production of his records, books
90 and papers likely to throw any light upon the matter under
3
91 investigation and may make, or cause to be made, such other and
92 further investigations, examinations and audits of the records,
03 books and papers of such person as he shall deem proper in order to
94 determine accurately the proper return to be made by such person.
95 (b) If, after an investigation, examination or audit
96 under this section, it shall appear that purchases, sales,
97 commissions, receipts or other matters pertinent to the assessment
98 have been incorrectly reported or returned, the commissioner of
99 revenue shall assess such person with the proper city license tax.
@oo If,
03 as a result of
L04 such investigation, examination or audit, additional tax is
L 0 5 assessed, a penalty
-06 as provided by Section 18-16 shall be imposed on the
@07 increased assessment. Such penalty shall become a part of the
increased assessment. Interest as provided in section 18-16 shall
09 also be added to such increased assessment from the date the
increased assessment would have been due under this chapter had the
return been correctly reported.
@3 (c) Any person who shall fail to appear before the
.14 commissioner of revenue or his duly authorized representative and
@!-5 produce such records, books and papers, when duly summoned, or who
'L!6 shall refuse to permit the commissioner of revenue or his duly
@17 authorized representative to make or cause to be made such other
@-8 and further investigation and audit of such books and papers, shall
1-19 be guilty of a Class 3 misdemeanor.
4
2 0 Adopted by the Council of the City of Virginia Beach,
i2l Virginia, on the 24th day of March, 1998.
22 CA-6900
123 ORDIN\PROPOSED\18-016ET.ORD
L24 R-2
-25 PREPARED: 03/02/98
L26 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
'L27 SUFFICIENCY:
128
L29 Commissioner of the Revenue Department of Law
3 0
5
- 29 -
Item VI-K3.
ORDINANCES ITEM # 43390
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion
of an existing ten-foot City drainage easement at 1652 Spring
House Trail by Ben D. and M. Diann Cook re construction and
maintenance of a driveway and interceptor, retaining wall and fill
(BAYSIDE BOROUGH).
The following conditions shall be required.
1. The temporary encroachment shall 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.
2. The temporary encroachment shall terminate upon
notice by the City of Virginia Beach to the applicant and,
within thirty (30) days after such notice is given, such
temporary encroachments shall be removed from the
City's drainage easement by the applicant and the
applicant shall bear all costs and expenses of removal.
3. The applicant shall indemnify and hold harmless the City
of Virginia Beach, its agents and employees ftom 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.
4. 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
ofany encroachment by anyone other than the applicant.
5. The applicant agrees to maintain the temporary
encroachment so as not to become unsightly or a hazard.
6. The applicant must obtain a permit from the
Development Services Center prior to commencing any
construction within the City's drainage easement.
7. The Department of Public Works supports the utilization
of "hardened slope stabilization" revetment methods
including bulkheading, grouted riprap and riprap with
filter cloth to minimize andprevent soil loss along bank
slops associated with open drainage ditch, canal and
lake systems. These methods are successful in areas
with soil types classified as highly erodible, specifically
during major rainfall events which create high velocities
and wave action along bank slopes due to high winds.
March 24, 1998
- 30 -
Item VI-K. 3.
ORDINANCES ITEM # 43390 (Continued)
8. The applicant shall submit for review and approval a
survey of the area being encroached upon, certified by a
professional engineer, andlor "as built" plans of the
encroachment, if required by either the City Engineer's
Office or the Engineering Division of the Public Utilities
Department.
9. The City, upon revocation of such authority and
permission so granted, may remove any such temporary
encroachment and charge the cost thereof to the
applicant and collect the cost in any mannerprovided by
lawfor the collection oflocal or state taxes; may require
the applicant to remove such temporary encroachment;
and, pending such removal, the City may charge the
applicantfor the use ofsuch portion of the City's right-
of-way encroached upon the equivalent of what would be
the realproperty tax upon the land so occupied if it were
owned by the applicant; and ifsuch removal shall not be
made within the time specified by the City, the City shall
impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such
temporary encroachments are 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.
Voting: I 1-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay.-
None
Council Members Absent:
None
March 24, 1998
1 Requested by Department of Public Works
2 AN ORDINANCE To AUTHORIZE
3 TEMPORARY ENCROACHMENT INTO
4 A PORTION OF AN EXISTING 10'
5 DRAINAGE EASEMENT FURTHER
6 KNOWN AS 1652 SPRING HOUSE
TRAIL BY BEN D.AND M. DIANN
a COOK, THEIR HEIRS, ASSIGNS
0 AND SUCCESSORS IN TITLE
10 WHEREAS, Ben D.Cook and M. Diann Cook, desire to
11 construct and maintain proposed driveway & interceptor, retaining
12 wall & fill into the City's 10' drainage easement located at 1652
13 Spring House Trail.
14 WHEREAS, City Council is authorized pursuant to §§ 15.2-
15 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
16 authorize a temporary encroachment upon the City's right-of-way
17 subject to such terms and conditions as Council may prescribe.
18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
IC
That pursuant to the authority and to the extent thereof
21 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
22 amended Ben D. Cook and M. Diann Cook their heirs, assigns and
23 successors in title is authorized to construct and maintain a
24 temporary encroachment for a proposed driveway, interceptor,
25 retaining wall & fill in the City's 10 foot drainage easement as
26 shown on the map entitled: "SITE PLAN FOR PROPOSED DRIVEWAY &
27 INTERCEPTOR, RETAINING WALL AND BACKFILL FOR BEN D. AND M. DIANNE
28 COOK LOT 4, CHURCH POINT, VIRGINIA BEACH, VA 23455 BAYSIDE BOROUGH
29 (M.B. 205 P. 65-71) MAY 18, 1997" a copy of which is on file in the
30 Department of Public Works and to which reference is made for a
3i more particular description; and
32 BE IT FURTHER ORDAINED, that the temporary encroachment
33 is expressly subject to those terms, conditions and criteria
34 contained in the Agreement between the City of Virginia Beach and
35 BE IT FURTHER ORDAINED that the City Manager or his
36 authorized designee is hereby authorized to execute the Agreement.
37 BE IT FURTHER ORDAINED, that this Ordinance shall not be
38 in effect until such time as Ben D. and M. Diann Cook and the City
39 Manager or his authorized designee execute the Agreement.
40 Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the 24 day of January 1998
42 CA-#6? 1, 3
43 SBURNS\C(>OK.ORD
44 R-1
45 PREPARED: 11/21/97
As TO
4 c, SA@
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CITY A
2
PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(a)(3) AND 58.1-811(c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 23rd day of February,
1998, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the first part, and BEN
D. and M. DIANN COOK, husband and wife, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, GRANTEE, party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a proposed driveway and
interceptor, retaining wall and fill in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining such proposed
driveway and interceptor, retaining wall and fill, it is necessary
that the said party of the second part encroach into a portion of
an existing City drainage easement, and said party of the second
part has requested that the party of the first part grant
temporary encroachment to facilitate such proposed driveway and
interceptor, retaining wall and fill, within a portion of the
City's drainage easement.
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
GPIN 1489 34 7559
1
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's drainage easement
for the purpose of constructing and maintaining such proposed
driveway and interceptor, retaining wall and fill.
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 drainage easement known as: "Lot 4,
1652 Spring House Trail, Church Point," as
shown on that certain plat entitled: 'SITE PLAN
FOR PROPOSED DRIVEWAY & INTERCEPTOR, RETAINING
WALL AND FILL LOT FOR BEN D. AND M. DIANN COOK
LOT 4, CHURCH POINT, VIRGINIA BEACH, VA 23455
BAYSIDE BOROUGH (M.B. 205 P. 65-71) MAY 18,
1997" 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 drainage easement by the party of the second part; and
2
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 30
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's drainage easement.
3
It is further expressly understood and agreed that the
Department of Public Works supports the utilization of "hardened
slope stabilization" revetment methods including bulkheading,
grouted rip-rap and rip-rap with filter cloth to minimize and
prevent soil loss along bank slopes associated with open drainage
ditch, canal and lake systems.
These methods are successful in areas with soil types
classified as highly erodible, specifically during major rainfall
events which create high velocities and wave action along bank
slopes do to high winds.
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,
4
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
drainage easement encroached upon the equivalent of what would be
the real 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, BEN D. and M. DIANN COOK, husband
and wife, the gaid party of the second part has Caused this
Agreement to be executed by their 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.
5
CITY OF VIRGINIA BEACH
By
City Manager Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
By_
Ben D. Cook
BY AW.'s .
M. Dianne Cook
. o r-ot4TERI
6
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 r 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-.
Notary Public
My Commission Expires:
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 -1 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:
7
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, E R Bowler, a Notary Public
in and for the City and State aforesaid, do hereby certify that
BEN D. and M. DIANN COOK, whose names are signed to the foregoing
writing, bearing date the 23rd day of February,
1998, has acknowledged the same before me in my City and State
aforesaid.
Given under my hand this 23rd day of
February, 1998.
Notary Public
My Commission Expires:
8
'57-
"EXHIBIT A"
NOTE: THE NORTH RETURN WALL SHALL
BE INSTALLED ON THE SOUTH SIDE OF
THE UNDERGROUND RCP SO AS NOT TO
IMPACT THE RCP. EXACT LOCATION OF
RCP TO BE DETERMINED IN THE FIELD.
E)OSTM ELEY: 09P w
PROPOSED ELEY: CO
FLL AREA: $53
D PLANTWI 8W:
E)nTm TREE:
Tfffs TO
BE
EA!
EASEME bLL DisTiAWAD IMM
@1WELf ro@*At4e.
R:P OIATI:A" -. lwvait-r PROPOSED 90' RETAMGN it.Ltt-ae. AcX%-JrntE6.
TOE Or- BAW
T ANT 20 WAX M
FROM @ PROP. BMi
ALOMT TO SEAWARI PROPOSED l(o'RETURNWALL
PROP. OMKHEAD AS SHI
TOP OF BAW. RPA FEATURE
DIL. clsc @wLa
@SED la RETLWWALI EOLWMENT TO BE
T SYSTEM OF TREES.
ltjt4-r %Mr--rioti ABOR TO BE USED.
5
D.O. - DW F&ET
2-STY-BRK
D STONEBED 1652
INTSCEPT
EXISTNG
@AY AS SNGLE
POW ACCESS FROM
S@T AND AS
STAGM AREA.
O@
T.B.M. S.M.H.
26.0' NE OF
F"T CORWR OF LOT
MM - 14.31' SPRING HOUSE TRAIL (40')
4$F:ArrK'o \/biklbw@
(P- 21 -q$3 , rg Os - '305 SCALE: I' - 40'
itav, q - to -q-1
T:
PERMITTUQG C.B.P.A. SM PLAN FOR PROPOSED
C@TANTS DRMWAY & INTERCEPTOR, RET G
MFt SLLY GARRINGTON WALL & FILL
FOR BEN D. AND bL DIANNE COOK
471 SWTMM ROAD LOT 4, CHURCH POINT, VIRGINIA BEACH, VA 23455
BEACH. VA 23451 BAYSIDE BORROUGH (M.B. 205, P. 65-71) MAY 18,1997
@MW
1489-33-2(
LOCATION MAP SCALE: I"= 1,600'
3-9253
MADOF
ENC NT LOT
IW^
16@.z HO E --rR:A
1" 100'
31 -
Item VI-K.4.
ORDINANCES ITEM # 43391
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND Ordinance No. 95-2353K adopted
November 14, 1995, (modifying scope and location), which
authorized acquisition of property in fee simple with temporary
and permanent easements, either by agreement or condemnation,
for Sandbridge Sanitary Sewer Improvements Project (CIP 6-
931)
Voting 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, LrI, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba 9
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 24,1998
1 AN ORDINANCE TO AMEND ORDINANCE NO. 95-
2 2353K TO AUTHORIZE ACQUISITION OF PROPERTY
3 IN FEE SIMPLE AND THE ACQUISITION OF TEMPORARY
4 AND PERMANENT EASEMENTS EITHER BY AGREEMENT
5 OR CONDEMNATION FOR SANDBRIDGE SANITARY
6 SEWER IMPROVEMENTS PROJECT (CIP 6-931)
7 WHEREAS, by Ordinance No. 95-2353K, adopted November 14,
8 1995, the City Council authorized the acquisition of property and
9 easements for various sewer and water projects including the
10 Sandbridge Sanitary Sewer Improvements Project (CIP 6-931) (the
11 "Project")
12 WHEREAS, subsequent to the adoption of the previous
13 Ordinance, the scope and location of the Project was modified,and
14 the project area map attached to the previous Ordinance is no
15 longer an accurate representation of the Project area; and
16 WHEREAS, in the opinion of the Council of the City of
17 Virginia Beach, Virginia, a public necessity exists for the
18 construction of this important project for public purposes and for
19 the preservation of the safety, health, peace, good order, comfort,
20 convenience, and for the welfare of the people in the City of
21 Virginia Beach;
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA;
24 Section 1. That the City Council authorizes the
25 acquisition by purchase or condemnation pursuant to Sections 15.2-
26 1901, et seq., Code of Virginia of 1950, as amended, of all that
27 certain real property in fee simple, including temporary and
28 permanent easements as shown on the plans entitled "SANDBRIDGE
29 SANITARY SEWER IMPROVEMENTS PROJECT (CIP 6-931); and more
30 specifically described on the acquisition plats for the Project
31 (collectively "plans") these plans being on file in the Office of
32 Real Estate, Department of Public Works, Virginia Beach, Virginia.
33 Section 2. That the City Manager is hereby
34 authorized to make or cause to be made on behalf of the City of
35 Virginia Beach, to the extent that funds are available, a
36 reasonable offer to the owners or persons having an interest in
1 said lands. If refused, the City Attorney is hereby authorized to
2 institute proceedings to condemn said property.
3 Section 3. This Ordinance amends the previous
4 Ordinance only with respect to the Project, and all other
5 provisions of the previous Ordinance shall remain effective.
6 Adopted by the Council of the City of Virginia Beach,
7 Virginia, on the 24 day of March, 1998.
8 @PROVED AS TO CONTENTS
9
10 s
11
12 DEPARTMENT
13 APPROVED AS TO LEGAL
14 SUFFICIENCY AND FORM
15
16 RNEY
CD
North
BGY
- 32 -
Item VI-K.5.
ORDNANCES ITEM # 43392
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to establish the Public Investment Protection Strategy
Fund to provide a revenue source for property purchases with
strategic impact potential; the source of fund revenue being non-
previouslY designated net proceeds from lease and sale of City
property; the City Manager to appoint a committee to make
recommendations re acquisition of property and provide Council
with a report re PIPS Fund activities.
Voting.- 10-1 (By Consent)
Council Members Voting Aye:
John A. Baum, Lin*-ood 0. Branch, HI, Wli@m W. Harrison, jr.,
Harold H@chober, Barbara M. Hen@, Louis R. Jones, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
March 24, 1998
1 AN ORDINANCE ESTABLISHING THE PUBLIC
2 INVESTMENT PROTECTION STRATEGY FUND
3 WHEREAS, the City periodically identifies parcels of
4 property the acquisition of which could have a strategic impact on
5 the City's long-term goals and objectives;
6 WHEREAS, because the availability of such parcels is
7 seldom, if ever, anticipated during the preparation and adoption of
8 the annual operating and capital budgets, there is usually no
9 available source of revenue, other than the General Fund Reserve
10 for Contingencies, to fund the acquisition of such parcels; and
11 WHEREAS, City Council desires to enhance the City's
12 ability to acquire such parcels by establishing a special revenue
13 fund, the revenues from which would be used solely for the purpose
14 of acquiring such parcels.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17 1. The City Council hereby establishes the Public
18 Investment Protection Strategy Fund (the "Fund") to provide a
19 source of revenue for the purchase of property which could have a
20 strategic impact on the City's long-term goals and objectives;
21 2. The source of the Fund revenue shall be the net
22 proceeds from the lease of undeveloped City property, and the sale
23 of excess City property (including the sale of City-owned right-of-
24 way pursuant to a street closure); provided that such proceeds
25 have not been previously designated for a specific purpose;
26 3. The City Manager shall appoint a committee to make
27 recommendations to the City Manager and the City Council concerning
28 parcels of property that should be acquired;
29 4. The acquisition of property shall be in accordance
30 with a Public Investment Protection Strategy Policy to be developed
31 by the committee and approved by the City Manager;
32 5. The City Council shall approve the acquisition of
33 property to be financed through the Fund; and
34 6. On or before December 31 of each year, and at such
35 other times as City Council may request, the City Manager shall
36 provide the Council a report showing the Fund balance, a list of
37 expenditures from and revenues to the Fund, a list of any
38 properties acquired with Fund revenues, and a list of any acquired
39 properties which were re-sold.
40 Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the 24th day of March, 1998.
42 C-'A-6619
43 ORDIN\NONCODE\SPEREVF2.ORD
44 R-6
45 PREPARED: 03/18/98
46 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
47 SUFFICIENCY:
48
49 General Services Law Department
2
FORM NO CM 2
Policy Renort
PUBLIC INVESTMENT PROTECTION STRATEGY
BACKGROUND
For many years the City has invested heavily in quality development and is prepared to continue
that pattern. Examples include the Resort area, Pembroke area, Municipal Center and the
Princess Anne corridor. The return on investments to taxpayers is dependent upon the ability of
the private sector to compliment our public investment with quality development. Unfortunately
there are instances where this has not occurred and previously relied upon tools, i.e. zoning
ordinances are not effective for this type of undertaking. It is evident that a new approach must
be created which will allow the City to protect its long term economic interests.
PROPOSAL
The City should establish a Public Investment Protection Strategy which includes funds to
purchase properties whose development would otherwise jeopardize the investment we have
made or are about to make in quality-oriented projects. This would be distinctly different from
other land acquisition programs in that the intent is not to buy property for the sake of owning it,
but to resell the property back to the private sector with conditions that protect the City's
investment. All transactions would be strictly on a willing buyer-willing seller basis and use
methods agreeable to all parties to the transaction. A scenario for how this might work is as
follows:
The City invests in a major gateway to the City. Adjacent property owners
propose to build a nightclub. City staff become aware of this and make an
assessment of the situation. It is determined that this use could be detrimental to
the City investment and current tools such as zoning ordinances are not adequate
to deal with this situation. Staff goes to the nightclub property owner and offer to
the buy land. Owner agrees. The City decides this property could be used for an
office building which would complement the City investment. The City then
places conditions on the property by means of deed restrictions which might limit
future use to office and control aesthetics and puts it back on the market. Money
from the sale of the property goes back to support the Public Investment
Protection Strategy.
This program would be supported by creating a fund using proceeds from the resale of the
strategic property. It is also proposed that the fund have as an additional source of funds the
proceeds from the sale of excess City property not designated for another purpose, the funds
from the sale of rights of way closed by the City and rent from all undeveloped City owned land.
The City Council will establish the size of the Public Investment Protection Strategy fund and
will approve every land purchase that is acquired with fund revenues.
The City Manager will manage the program and the fund through the creation of a staff
committee. The committee will evaluate properties being considered for acquisition under this
program using the following criteria: degree of threat to City development, cost, inability of
other tools to address the situation, potential for resale of property, reasonableness of conditions
to be applied, and location within the City by investment area. An acceptable alternative to
outright property purchase is the purchase of controlling conditions on building design and site
improvements that would attain the desired compatibility with neighboring public investments.
The committee will brief the City Council on a regular basis on the revenues and disbursements
from the fund and will make recommendations for strategic land acquisitions and conditions for
resale. If approved by the City Council the City Real Estate Agent will use the program funds to
acquire the property.
An exception to this program should be made for park property. Any funds from the sale of
excess City property currently used as a park or which was acquired for park use should be
designated for new park acquisition.
All proposed property acquisitions will be presented for City Council consideration using the
attached Public Investment Protection Strategy Evaluation and Recommendation Form. This
form identifies the factors and criteria that the committee will evaluate for each proposed
purchase prior to submitting a recommendation to the City Manager and City Council for
approval.
CONSIDERATIONS
1. Organizational
The Department of Public Works, Office of Real Estate currently administers all land
acquisition for the City and School Board. A policy is also in place authorizing the
City's Real Estate Agent and a committee to make recommendations to the City Manager
regarding City-owned property which should be declared excess. The Office of Real
Estate also manages most leases of City-owned property. The creation of a new Public
Investment Protection Strategy does not require any changes in the current organization.
2
However, the staffing level of the Office of Real Estate may require augmentation in a
future budget year to provide manpower for a more aggressive program for excess real
estate identification and marketing. The Public Investment Protection Strategy will
require the creation of a new committee or change of an existing committee to evaluate
property being considered for acquisition under the program.
2. Legal
The State law requires that City Council act to declare any City-owned property excess
and approve its sale. The City Council must also authorize expenditures for projects
including land acquisition. In order to create a Public Investment Protection Strategy the
City Attorney recommends Council adopt an ordinance specifically creating the program
and fund and authorize the City Manager to establish appropriate policies to carry out the
intent of the ordinance. No changes to City Council's current role in land disposition or
acquisition are necessary.
3. Budgetary
Currently all revenues from the sale of excess City property, the sale of rights of way
closed by the City, and from the lease of undeveloped City-owned land go in to the
General Fund. In the last three fiscal years approximately $324,000 in revenues have
been received by the City in the three areas mentioned above. The funds needed for a
Public Investment Protection Strategy could come from an annual budget appropriation
or from the ongoing sale of excess City property, street closures and leases of City
property.
4. Public Information
The public is now and will continue to be notified when City Council is to consider
declaring City property excess. Public review and input to these decisions is critical and
should remain a part of any new strategic land acquisition process. Also, adjacent
property owners are notified now of the pending sale of City property and will continue
to be advised by staff in the future.
ALTERNATIVES
1. Leave current policies and funding as is. This alternative would not allow for funds to be
made available to acquire property strategic to the City's best interest, and would rely on
tools such as the zoning ordinance to protect the City's quality investments. These tools
are inadequate and inappropriate in many cases. Existing City property could still be
declared excess but funds would go into the General Fund.
2 Create a Public Investment Protection Strategy and make a direct appropriation to
3
support this program each year during the budget process. This would create a program
for strategic purposes but the funding source would be subject to the annual budgetary
process thus making it an uncertainty each year. Also, it would not have a direct
relationship to other City land management policies such as the declaration of excess
property and lease of City-owned property.
3. Create a Public Investment Protection Strategy and provide ftmds to support this program
from the sale of property declared excess by City Council, sale of right-of-way closed by
the street closure process and lease of undeveloped City owned land. This creates a
program which is self-perpetuating through the revenues received from the sources
mentioned above. This ultimately sustains and enhances the City's ability to strategically
acquire and dispose of City property which meets the best long term interest of the City.
This also insures City property is regularly returned to the tax roles.
RECOMMENDATIONS
The need for a Public Investment Protection Strategy has been identified to control the
development of critical property where the zoning ordinance or other tools are inadequate to
protect the City's investment in adjacent or nearby property or to protect the City's long term
interest. To achieve this objective a coordinated and aggressive property management program
must be established which integrates acquisition of property with disposal of unnecessary
property in a manner which can generate future revenues for strategic land decisions. Therefore,
it is recommended that alternative number 3 above be accepted by City Council and the attached
ordinance creating a Public Investment Protection Strategy and ftmd be approved. Once
approved the City Manager will create or modify existing administrative policies establishing a
coordinated land management program for the City.
DMG/Ijs
Attachment
Submitted by: Reviewed by:
F,icilities and Land Commons Policy Team ager
Date: -January 9,,- 1998 Date: January 9, 1998
)wuary 7. 1998
4
- 33 -
Item VI-K.6.
ORDINANCES ITEM # 43393
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to establish the School Communication Tower
Technology Special Revenue Fund into which shall be deposited
all revenue generated by the School Boardfrom lease of school
properlyfor communication tower sites, to be used to acquire new
technology andlor upgrade existing equipment, e.g., computers,
etc.,- and, this revenue shall be in addition tofunds appropriated
to the School',y annual operating and capital budgets
Voting: II -0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
March 24, 1998
PUBLIC INVESTMENT PROTECTION STRATEGY
(PIPS)
EVALUATION AND ORM
Proposed property
acquisition:
Legaldescriptionofproperty:____
Date submitted to City Council:
FACTOR CRITERIA EVALUATION
1. Threat to Public Proposed purchase must relate to protection of a
Investment specific public investment from a proposed
incompatible private development. Potential public
investments, as docwnented in approved City
development plans, may also be protected.
Protection of private developments and
Ineighborhoods is not included.
2. Degree and Development threat must be sufficiently imminent
Urgency of Threat and of such magnitude to justify an immediate
purchase.
3. Sufficiency of Existing laws and regulations must be inadequate to
Development Laws provide City Council the ability to control or modify
and Regulations the prospective incompatible development.
4. Cost Property can be obtained at, or near, fair market
value.
i5. Property Resale Property purchased under PIPS is not intended to be
Potential and Value retained, but will be resold promptly upon attachment
of sufficient conditions. Timetable for resale and
anticipated resale value to be provided.
6. Proposed Proposed building design, site improvements or land
Conditions of Resale use conditions, that are considered to be more
compatible with the existing or potential public
investments, shall be identified.
J. Major Investment Location of proposed purchase, in relation to major
Area areas of public investment, shall be shown on
hed maps.
Alternatives:
Recommendation:
Submitted by: City Manager:
Jwuar) 7, 1998
- 33 -
Item VI-K.6.
OPDINANCES ITEM # 43393
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to establish the School Communication Tower
Technology Special Revenue Fund into which shall be deposited
all revenue generated by the School Board from lease of school
property for communication tower sites, to be used to acquire new
technology and/or upgrade existing equipment, eg., computers,
etc.; and, this revenue shall be in addition to funds appropriated
to the School's annual operating and capital budgets.
Voting: I I - 0 (By Con sen t)
('Ouncil Members Voting Aye.-
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
('ouncil Members Voting Nay:
None
(council Members Absent.-
None
March 24, 1998
I AN ORDINANCE TO ESTABLISH THE SCHOOL
2 COMMUNICATION TOWER TECHNOLOGY
3 SPECIAL REVENUE FUND
4 WHEREAS, pursuant to § 232 (c) of the City Zoning
5 Ordinance, one of the locational criteria to which City Council
6 gives consideration when reviewing an application for a proposed
'7 communication tower site is "[w]hether the proposed tower is to be
8 located in an area where it would be unobtrusive and would not
9 substantially detract from aesthetics or neighborhood character,
'O due to either location, to the nature of surrounding uses ... or to
11 lack of visibility caused by natural growth or other factors;"
12 WHEREAS, one of the other locational criteria to which
@3 City Council gives consideration is "[w]hether the application
@4 shows how the tower or site will be designed or laid out to
l@5 accommodate future multiple users;"
L6 WHEREAS, the School Board has several school sites which
meet these criteria and can be used for the location of
-8 communication towers without interfering with the primary use of
19 the sites for school purposes;
20 WHEREAS, because the location of certain school sites
makes them more desirable for communication towers than most other
@2 public and private sites, City staff met with the School Board and
@@l recommended that the Board make the sites available for this
24 purpose;
25 WHEREAS, by making school sites available for the
26 location of communication towers, the School Board can help to
27 reduce the proliferation of such towers on less desirable sites
28 and, at the same time, generate additional revenue for School Board
29 funding priorities;
,4 0 WHEREAS, one of the School Board's funding priorities is
I to acquire new technology, and replace or upgrade aging technology;
@2 and
WHEREAS, in furtherance of this priority, the School
34 Board adopted a resolution on February 17, 1998, requesting City
15 council to adopt an ordinance (i) creating a special revenue fund;
i6 (ii) providing that monies received by the Board from the lease of
,7 school property for communication towers be deposited in the
@8 special revenue fund; (iii) providing that City Council will
@9 appropriate the revenue, and the interest earned thereon, from the
40 special revenue fund to the School Board annually, or as requested
'41 by the Board, to enable the Board to acquire and replace
-12 technology; and (iv) providing that the revenue deposited into, and
43 appropriated from, the special revenue fund will be in addition to
It 4 funds appropriated to the Schools' annual operating and capital
45 budgets.
-.6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
@? OF VIRGINIA BEACH, VIRGINIA:
48 1. That City Council hereby establishes the School
49 Communication Tower Technology Special Revenue Fund (the "Fund");
@o 2. That all revenue generated by the School Board from
5i the lease of School property for communication tower sites shall be
52 deposited into the Fund;
4 3. That all revenue deposited into the Fund, and the
4 interest earned thereon, shall be appropriated to the School Board
annually, or as requested by the Board, to be used by the Board to
56 acquire new technology, or to replace or upgrade aging technology,
@7 including but not limited to computers, software, wiring, training,
58 copiers and fax machines; and
59 4 . That the revenue deposited into, and appropriated
60 from, the Fund shall be in addition to the funds appropriated to
61 the Schools' annual operating and capital budgets.
62 Adopted by the Council of the City of Virginia Beach,
r) 3 Virginia, on the 24 day of March, 1998.
64 CA-6923
65 ORDIN\NONCODE\TOWER.OR
66 March 13, 1998
-7
R-5
68 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
69 SUFFICIENCY
( VA&oc
Fin;nce -Department of Law
Virginia Beach City Public Schools
Febnutry 18, 1998
13[AND DELWERED
The Honorable Meyera E. Oberndorf, Mayor
City of Virginia Beach
Municipal Center
Virginia Beack VA 234567
Dear Mayor Oberndorf:
SUBJECT: RESOLUTION REGARDING SCHOOL BOARD WIRELESS
COMMUNICATION TOWER TECHNOLOGY SPECIAL
REVENUE FUND
Attached is a certified, signed copy of a RESOLUTION REGARDING SCHOOL
BOARD WIRELESS COMMUNICATION TOWER TECHNOLOGY SPECIAL
REVENUE FUND. This resolution was passed by the School Board of the City of
Virginia Beach at its February 17, 1998 regular meeting.
If I can be of further assistance, please do not hesitate to contact me at 427-4374.
Respectfully,
Dianne M. Page
Secretary/Clerk of the Board
Enclosure (1)
cc: Mr. James K. Spore, City Manager
Mr. Leslie L. Lilley, City Attorney
Mr. E. Dean Block, City Director of Management Services
Ws. Patricia Phillips, Director of Finance
School Board Members
Dr. Timothy R. Jenney, Superintendent
Mr. John F. Newhard, Senior City Attorney
School Administration Building v 2512 George M@n Drive v P.O. Box 6038 v Virginia Beach, VA V 23456-0038
Virginia Beach City Public Schools
RESOLUTION REGARDING SCHOOL BOARD WIRELESS
COMMUNICATION TOWER TECHNOLOGY SPECIAL
REVENUE FUND
RESOLVED:
WHEREAS, the Virginia Beach City Council has directed the City Director of
Planning and City Director of Information Technology to work with the School Board
to make available property owned by the School Board for commercial wireless
communication towers.
WHEREAS, multiple users are contemplated at each site in order that the City's
objectives of minimizing the proliferation of communications towers and protecting
neighborhood aesthetics may be met;
WHEREAS, the City Director of Planning and City Director of Information
Technology have had their staff work with the School staff to accomplish these City
objectives;
WHEREAS, the School Board desires to meet these objectives of the City so
long as it may do so without interfering with use of School Board property for School
purposes;
WHEREAS, the School Board is willing to lease its land to commercial
wireless communication providers to meet these City objectives provided the revenue
School Administration Building v 2512 Ceorge Mason Drive v P.O. Box 60.18 v Virginia Reach, VA Ir 23456-0038
from such leases is received by the School Board for expenditure for School purposes
as determined by the School Board and further provided the School Board's operating
budget and capital improvements program budget are not to be reduced by reason of
having leased its land for City purposes;
WHEREAS, the School Board needs a fimd to acquire and replace technology
that it can rely upon for planning purposes;
WHEREAS, based upon the requests of the City Planning Department, the
School Board has solicited proposals and is considering awarding a law for a cellular
communication tower at Bayside High School;
NOW, THERFFORE, the School Board requests City Council:
1. Adopt an Ordinance creating a special revenue fund titled "School Board
Wireless Communication Tower Technology Special Revenue Fund"
(hereinafter 'Special Revenue Fund');
2. By Ordinance provide that monies received by the School Board from
lease of School Board land for commercial wireless communication
towers and related interest earnings be placed and maintained in the
Special Revenue Fund;
3. By Ordinance creating the Special Revenue Fund provide that Council
will annually or more frequently as requested by the School Board
2
appropriate the revenues received and related interest earnings in the
Special Revenue Fund to the School Board in order that Schools may
acquire and replace technology including computers, software, wiring,
training, facsimile, and copy machines;
4. By Ordinance provide that the funds deposited and appropriated from
the Special Revenue Fund will be in addition to funds appropriated for
the School operating budget and CIP budget.
FURTHER RESOLVED that the Clerk shall deliver a copy of this Resolution
to the Mayor, City Manager, City Director of Finance, City Budget Director, and City
Attorney.
Adopted this 17th day of February, 1998.
p@-,t 4,1
Robert F. Hagans, Jr.,
Attest:
@t4@ )h - - --
Dianne M. Page, Cleik the@oard
@IITO@ .5 CERTIFIED TO BE A TRUE
AND CORRECT COPY
3
Clerk, Scho,
Clty of VII
- 34 -
Item VI-K.7.a/b
ORDINANCES ITEM # 43394
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances re Franchises for Lifeguard and Beach Equipment
Rental Services in the Resort Area, 57th Street and Sandbridge:
Mariner Associates
05/01/98 - 12/31/04 57th Street Beach Area
Ocean Rentals, Ltd.
05/01/98 - 12/31/02 Sandbridge Area Beaches
Voting. II -0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
(council Members Absent:
None
March 24, 1998
I AN ORDINANCE GRANTING MARINER ASSOCIATES A
2 FRANCHISE FROM MAY 1, 1998, TO DECEMBER 31,
2004, TO CONDUCT BEACH EQUIPMENT RENTAL
4 OPERATIONS AT THE 57TH STREET BEACH AREA
I-
I WHEREAS, the City of Virginia Beach has decided to
6 provide lifeguard and other services at the City-owned beach area
adjacent to the property occupied by the Ramada Oceanfront Tower at
57th Street and the Oceanfront (hereinafter "57th Street Beach
9 Area");
10 WHEREAS, the City has further decided to permit the
11 rental of beach equipment to visitors of the 57th Street Beach
12 Area;
'3
WHEREAS, the City advertised a Request for Proposals (RFP
14 #8171) for the provision of lifeguard and other services and the
15 rental of beach equipment at the 57th Street Beach Area;
WHEREAS, the City received two proposals in response to
,7 RFP #8171, one of which was submitted by Mariner Associates which
-8 owns and operates the Ramada Oceanfront Tower at 57th Street and
9 the Oceanfront;
20 WHEREAS, a selection committee established to review the
21 proposals determined that the proposal submitted by Mariner
22 Associates is the most advantageous to the City;
23 WHEREAS, the City desires to grant a franchise to Mariner
,@4 Associates to conduct beach equipment rental operations at the 57th
25 Street Beach Area in consideration for the provision of lifeguard
26 and other services and for such other good and valuable
27 consideration as the City and Mariner Associates may agree upon;
28 WHEREAS, the City has developed a Franchise Agreement
29 which sets forth the minimum requirements for the provision of
3 0 lifeguard and other services, and beach equipment rental
-ii operations, at the 57th Street Beach Area; and
32 WHEREAS, Mariner Associates will be required to execute,
3 3 and to comply with the terms and conditions of, the Franchise
34 Agreement as a condition of the grant of the Franchise and the
5 continued existence thereof.
36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
37 OF VIRGINIA BEACH, VIRGINIA:
-@8 That a franchise is hereby granted to Mariner Associates
39 for a term of six (6) years and eight (8) months from May 1, 1998,
40 to December 31, 2004, to conduct beach equipment rental operations
41 along that portion of the public beach, adjacent to the Atlantic
42 ocean, known as the 57th Street Beach Area in consideration for the
43 provision of lifeguard and other services and for such other good
44 and valuable consideration as the City and Mariner Associates may
45 agree upon, conditioned on its execution of the Franchise
46 Agreement,and its compliance with all of the terms and conditions
47 thereof.
48 Adopted by the Council of the City of Virginia Beach,
49 Virginia, on the 24 day of March 1998.
so CA 6962
51 ORDIN\NONCODE\MARINER.ORD
R 1
PREPARED: 03/17/98
54 APPROVED AS 'CO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY
56
Emergency Medical Services City Attorney
2
AN ORDINANCE GRANTING OCEAN RENTALS LTD. A
FRANCHISE FROM MAY 1, 1998, TO DECEMBER 31,
2002, TO CONDUCT BEACH EQUIPMENT RENTAL
4 OPERATIONS ALONG THAT PORTION OF THE PUBLIC
REACH, ADJACENT TO THE ATLANTIC OCEAN, KNOWN
6 AS THE SANDBRIDGE AREA BEACHES IN
CONSIDERATION FOR THE PROVISION OF LIFEGUARD
AND OTHER SERVICES
WHEREAS, the City of Virginia Beach has decided to
provide lifeguard and other services at the Sandbridge Area
beaches;
12 WHEREAS, the City has further decided to permit the
13 rental of beach equipment to visitors of the Sandbridge Area
4 beaches;
WHEREAS, the City advertised a Request for Proposals (RFP
'16 #8172) for the provision of lifeguard and other services and the
1, rental of beach equipment at the Sandbridge Area beaches;
8 WHEREAS, the only proposal received by the City in
t9 response to RFP #8172 was submitted by Ocean Rentals Ltd.;
20 WHEREAS, the City desires to grant a franchise to Ocean
21 Rentals Ltd. to conduct beach equipment rental operations at the
22 Sandbridge Area beaches in consideration for the provision of
2-i lifeguard and other services and for such other good and valuable
24 consideration as the City and Ocean Rentals Ltd. may agree upon;
25 WHEREAS, the City has developed a Franchise Agreement
26 which sets forth the minimum requirements for the provision of
27 lifeguard and other services, and beach equipment rental
18 operations, at the Sandbridge Area beaches; and
29 WHEREAS, Ocean Rentals Ltd. will be required to execute,
io and comply with the terms and conditions of, the Franchise
@ I Agreement as a condition of the grant of the Franchise and the
i2 continued existence thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
@4 OF VIRGINIA BEACH, VIRGINIA:
3@ That a franchise is hereby granted to Ocean Rentals Ltd.
36 for a term of four (4) years and eight (8) months from May 1, 1998,
'@'7 to December 31, 2002, to conduct beach equipment rental operations
-@8 along that portion of the public beach, adjacent to the Atlantic
39 Ocean, known as the Sandbridge Area beaches, which includes the
40 Sandbridge Public Beach and the beach at Little Island Park, in
41 consideration for the provision of lifeguard and other services and
42 for such other good and valuable consideration as the City and
43 Ocean Rentals Ltd. may agree upon, conditioned on its execution of
44 the Franchise Agreement, and its compliance with all of the terms
45 and conditions thereof.
46 Adopted by the Council of the City of Virginia Beach,
4 '7 Virginia, on the 24 day of March 1998.
48 CA-6957
49 ORDIN\NONCODE\OCEANRE2.ORD
50 R-1
E21 PREPARED: 03/17/98
@2 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
E:3 SUFFICIENCY
54
'5 Emergency Medical Services City Attorney
2
35 -
Item VI-K.7.c.
ORDINANCES ITEM # 43395
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance re Franchises for Lifeguard and Beach Equipment
Rental Services in the Resort Area, 57th Street and Sandbridge:
Virginia Beach Life-Saving Service, Inc.
05/01/98 - 12/31/04 Resort Area Beaches
Voting.- 10-1 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
March 24, 1998
I AN ORDINANCE GRANTING VIRGINIA BEACH LIFE-
2 SAVING SERVICE, INC., A FRANCHISE FROM MAY
3 1, 1998, TO DECEMBER 31, 2004, TO CONDUCT
4 BEACH EQUIPMENT RENTAL OPERATIONS ALONG THAT
5 PORTION OF THE PUBLIC BEACH, ADJACENT TO THE
6 ATLANTIC OCEAN, MOWN AS THE RESORT AREA
7 BEACHES IN CONSIDERATION FOR THE PROVISION
8 OF LIFEGUARD AND OTHER SERVICES
9 WHEREAS, the City of Virginia Beach has decided to
10 provide lifeguard and other services at the resort area beaches;
"I WHEREAS, the City has further decided to permit the
12 rental of beach equipment to visitors of the resort area beaches;
13 WHEREAS, the City advertised a Request for Proposals (RFP
14 #8173) for the provision of lifeguard and other services and the
is rental of beach equipment at the resort area beaches;
1G WHEREAS, the City received two proposals in response to
17 RFP #8173, one of which was submitted by Virginia Beach Lifesaving
18 Service, Inc.;
19 WHEREAS, a selection committee established to review the
20 proposals determined that the proposal submitted by Virginia Beach
21 Lifesaving Service, Inc., is the most advantageous to the City;
22 WHEREAS, the City desires to grant a franchise to
2-3 Virginia Beach Lifesaving Service, Inc., to conduct beach equipment
24 rental operations at the resort area beaches in consideration for
25 the provision of lifeguard and other services and for such other
26 good and valuable consideration as the City and Virginia Beach
Lifesaving Service, Inc., may agree upon;
11
28 WHEREAS, the City has developed a Franchise Agreement
Z, which sets forth the minimum requirements for the provision of
@O lifeguard and other services, and beach equipment rental
operations, at the resort area beaches; and
33 WHEREAS, Virginia Beach Lifesaving Service, Inc., will be
34 required to execute, and to comply with the terms and conditions
@@ 5 of, the Franchise Agreement as a condition of the grant of the
36 Franchise and the continued existence thereof.
37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
38 OF VIRGINIA BEACH, VIRGINIA:
@9 That a franchise is hereby granted to Virginia Beach
40 Lifesaving Service, Inc., for a term of six (6) years and eight (8)
41 months from May 1, 1998, to December 31, 2004, to conduct beach
42 equipment rental operations along that portion of the public beach,
43 adjacent to the Atlantic Ocean, known as the resort area beaches,
44 including the Fort Story Beach, the beach from 40th Street to Rudee
45 Inlet (Resort Area), the North Croatan Surfing Area, the South
46 Croatan Swimming Area, and Camp Pendleton Beach, in consideration
47 for the provision of lifeguard and other services and for such
48 other good and valuable consideration as the City and Virginia
49 Beach Lifesaving Service, Inc., may agree upon, conditioned on its
50 execution of the Franchise Agreement,and its compliance with all of
51 the terms and conditions thereof.
52 Adopted by the Council of the City of Virginia Beach,
53 Virginia, on the 24 day of March 1998.
54 CA-6956
55 ORDIN\NONCODE\VBLIFE.ORD
56 R-1
r,7 PREPARED: 03/17/98
58 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
@9 SUFFICIENCY
60
61 Emergency Medical Services Crty Attorney
2
- 36 -
Item VI-K.8.
ORDINANCES ITEM # 43396
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
License Refunds.- $50,689.06
Tax Refunds: $14,105.68
Voting.- I 1-0 (By Consent)
(-ouncil Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reha S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
('ouncil Members Voting Nay:
None
Council Members Absent.
None
March 24, 1998
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
AME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Tomys Skater Shop Intl. Inc.
1209 Baker Road S-404 1996-1997 Audit 331.71 23.30 355.01
Virginia Beach, VA 23455
Trilogy Shop Inc The 1996-1997 Audit 10.00 0.71 10.71
T/A Trilogy Shop
5773 Princess Anne Road
Virginia Beach, VA 23462
United Benefit Administrators
105 N. Plaza Trail S-238 1995-1997 Audit 5,141.51 545.15 5,686.66
Virginia Beach, VA 23452
Ce
J'ffellam
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $6.052.38 were approved by the Council
of the City of Virginia Beach on the 24 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Orbital Technology Bus Comm
2210 Commerce Parkway 1995-1997 Audit 554.43 48.89 603.32
Virginia Beach, VA 23454
Price, Richard D. 1996-1997 Audit 15.95 2.62 18.57
T/A Cotton Canvas
1029 Rolling Point Court
Virginia Beach, VA 23456
Putt-Putt Golf Course Va. Beach
P. O. Box 640460 1996-1997 Audit 450.48 31.48 481.96
Beverly Hills, FL 34464
Sentara Enterprises 1998 02/26/98 28,355.08 28,355.08
Attn: Wendy Stafford
6015 Poplar Hall Drive C-212
Norfolk, VA 23502-3819
Certified as to Payment@
-Philip J. Kellam
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $29,458.93 were approved by the Council
of the City of Virginia Beach on the 24 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST OTAL
YEAR PAID_
Midgett, Sam K. 1996-1997 Audit 28.52 4.76 33.28
T/A Sams Marine
525 25th Street
Virginia Beach, VA 23451
Moores Management Corporation
4480 Holland Office Park #200
Virginia Beach, VA 23452 1995-1997 Audit 186.17 13.07 199.24
Estate of Alfred L. Nicholson
T/A Canine Country Club 1996-1997 Audit 455.22 33.74 488.96
C/O FVB/Tidewater Trust
P O Box3O97
Norfolk. VA 23514
Omni Transportation Inc, 1996 Audit 90.24 15.04 105.28
1065 Laskin Road
Virginia Beach, VA 23451
Certified as to Payment:
J.' K 6 1 fa-m
Commissioner of the Revenue
Approved as to form:
,/@sKe L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $826.76 were approved by the Council
of the City of Virginia Beach on the 24 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Kappes, Leslie A. 1996-1997 Audit 10.00 0.71 10.71
T/A Stepping Stones Childr-are
112 74th Street #A
Virginia Beach, VA 23451
L Hill Cox Builder Inc. 1996-1997 Audit 81.90 5.90 87.80
1948 Pine View Avenue
Virginia Beach, VA 23456
La Galleria Inc 1996-1997 Audit 250.56 24.82 275.38
993 Laskin Road
Virginia Beach VA 23451
Metta Inc 1997-1998 Audit 50.00 50.00
1521 Orchard Grove Drive
Chesapeake, VA 23320
Certified as to PalTent:
Philip J. Kel arm
Commissioner of the Revenue
Approved as to form:
@estie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $423.89 were approved by the Council
of the City of Virginia Beach on the 24 day of March, 1998.
Ruth Hodge Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Fashion Bug Inc. 1996-1997 Audit 1,251.55 110.72 1,362.27
T/A Fashion Bug #650
450 Winks Lane
Bensalem, PA 19020
Grier, Richard D. l@-1997 Audit 130.00 2.84 132.84
T/A Gift Kornocopia The
5120 Sammy Street
Virginia Beach, VA 23455
Hardaway Enterprises Inc. 1996-1997 Audit 464.03 102.42 566.45
T/A London Bridge Exxon
2300 Virginia Beach Blvd.
Virginia Beach, VA 23454
K Mart Corp./Attn: Tax Dept.
T/A K Mart/Super K Mart 1995-1997 Audit 620.68 166.10 786.98
31 00 West Big Beaver
Troy, Ml 48084
Certified as to PaygWnt:
h@ilip
Commissioner of the Revenue
Approved as to form:
a ley
SI L Lil
Ci Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,848.54 were approved by the Council
of the City of Virginia Beach on the 24 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST OTAL
YEAR PAID
Abners Hardware Co. 1995-1997 Audit 2,391.92 368.74 2,760.66
T/A Abners Ace Hardware Co.
400 First Colonial Road
Virginia Beach, VA 23454
Arthur E. Carter, President
Advanced Rain Control Systems Inc.
6304 Bryn Mawr Lane 1995-1997 Audit 18.81 4.96 23.77
Virginia Beach, VA 23464
Arms Florists Inc. 1996-1997 Audit 29.99 3.10 33.09
T/A Flower Market At Lynnhaven Mall
701 Lynnhaven Parkway
Virginia Beach, VA 23452
Birdneck Pawn Shop Inc. 1996-1997 Audit 322.29 54.07 375.36
1077 Virginia Beach Blvd.
Virginia Beach, VA 23451
@hiri-p J.'Keila@
Commissioner of the Revenue
Approved as to form:
@esli6 L. Lille@
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $3,193.88 were approved by the Council
of the City of Virginia Beach on the 24 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved-
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Britt, Kathy L lg%-1997 Audit 10.00 0.72 10.72
T/A Carpet Direct
291 South Collier Blvd. Apt. 41 0
Marco Island, FL 34145-4843
Charles Barker Auto Inc. 1996-1997 Audit 497.98 81.86 579.84
T/A Charles Barkers Lexus Va. Beach
3909 Virginia Beach Blvd.
Virginia Beach, VA 23452
Charles Barker Infiniti Inc
1877 Laskin Road 1996-1997 Audit 1,353.51 213.70 1,567.21
Virginia Beach, VA 23454
Clark, Jack 0. Jr, 1996-1997 Audit 287.68 29.90 317.58
T/A Southside Mechanical
5624 Myers Drive
Virginia Beach, VA 23464
Certified as to
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,475.35 were approved by the Council
of the City of Virginia Beach on the 24 day of March, 1998.
Ruth- odges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA-
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Roses Stores Inc. 1996-1997 Audit 2,785.06 205.83 2,990.89
T/A Roses
Post Office Drawer 947
Henderson, NC 27536
Southern Shores Excavation & M
1740 Princess Anne Road 1996-1997 Audit 30.00 3.84 33.84
Virginia Beach, VA 23456
Walls & Ceilings Inc. 1998 03/02/98 129,56 129.56
103 Harris Lane
Yorktown, VA 23692
Commissioner of the Revenue
Approved as to form:
LaliEfL.Lilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $3,154.29 were approved by the Council
24 March
of the City of Virginia Beach on the day of jg 98
uth Hodges Smith
City Clerk
"I @ A @ @IV
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL-
YEAR PAID
Mechanical Technology of VA
T/A Mechanical Technology
1092 Treefern Drive 1996-1997 Audit 14.96 1.09 16.05
Virginia Beach, VA 23451
Michael Shawn Corp. 1996-1997 Audit 145.44 17.34 162.78
T/A McDonalds #6201
1226 Executive Blvd. S-108
Chesapeake, VA 23320
Newlight Enterprises Inc. 1996-1997 Audit 12.00 2.04 14.04
1212 Thompkins Lane
Virginia Beach, VA 23462
Nichols, Ronald V. 1996-1997 Audit 10.00 0.73 10.73
T/A Computer To Go
5496 Stewart Drive
Virginia Beach, VA 23464
Certified as to Paym
Philip J .11@.
Commissioner of the Revenue
Approved as to form:
e@lie
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $203.60 were approved by the Council
of the City of Virginia Beach on the 24 day of March, 1998.
,19
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
INTEREST TOTAL
YEAR PAID
Jerry Teplitz Enterprises Inc,
228 N. Donnawood Drive S-204
Virginia Beach, VA 234S2 1996-1997 Audit 164.69 32.84 197.53
Kelley, Thelma
T/A K & J Pet Shop 1996-1997 Audit 917.06 87.56 1,004.62
550 First Colonial Road
Virginia Beach, VA 23451
Lee Ann Corp. 1996-1997 Audit 92.56 15.43 107.99
T/A Bristows Car Parts & Repairs
640 Newtown Road
Virginia Beach, VA 23462
Marlyn Development Corp. 1998 03/02/98 601.43 601.43
1630 Donna Drive #1 05
Virginia Beach, VA 23451
Certified as to Pgkyrr
'Philip J. Kell@m
Commissioner of the Revenue
Approved as to form:
@sWe L Uilley -
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,911.57 were approved by the Council
of the City of Virginia Beach on the 24 day of March, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED By THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAM[: LICENSE BASE p
EAR PAID
Armstrong, Jan, Audit 10.00 0.02 10.02
T/A Paper Dolls
940 Chigwell Road
Virginia Beach, VA 23454
Clark. Russell L. 1995-1997 Audit 58.00 3.46 61.46
T/A Russell & Sybils Beautician & B
131 5 Ferry Point Road
Virginia Beach, VA 23464
Coakley, Gregory Alan 1998 02/12/98 40.00 40.00
4761 Stone Road
Virginia Beach, VA 23457
Fast Fare Inc, 1996-1997 Audit 25.23 3.16 28.39
'/A Crown
0 0 Boxll68
Baltimore, MD 21203
Certified as t@Payment-
@hil@ir
Commissioner of the Revenue
Approved as to form:
Les
C Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $139.87 were approved by the Council
of the City of Virginia Beach on the 24 day of March, 1998.
Ruth Hodges Smith
-ity Clerk
Iq@ IC@ C A
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Year of Tax Number tion No. Paid
Wal Mart Stores Inc. 1998 RE(1/2) 98-126979-3 11/25/97 12.54
Ships Watch Associates LLC 1997 RE(1/2) 97-110484-6 05/12/97 201.51 88.66 2305.26
Ships Watch Associates LLC 1997 RE(2/2) 97-110484-6 05/12/97 2015.09
Homeowners Assoc. Amhurst II 1995 RE(1/2) 95-054904-0 12/05/94 32.32
Homeowners Assoc. Amhurst II 1995 RE(2/2) 95-054904-0 12/05/94 32.32
Homeowners Assoc. Amhupst II 1996 RE(1/2) 96-055873-3 11/30/95 33.68
Homeowners Assoc. Amhurst II 1996 RE(2/2) 96-055873-3 11/130/95 33.68
Homeowners Assoc. Amhurst II 1997 RE(1/2) 97-056590-2 121 03/ 9 6 34.59
Homeowners Assoc. Amhurst II 1997 RE(2/2) 97-056590-2 12/03/96 34.59
Gregory, Ruth Brooks 1998 RE(1/2) 98-048326-9 121 05/97 224.41
Bright, Bonney G. 1998 RE(1/2) 98-013841-9 12/05/97 7.38
Wood, Ethan & Elizabeth 1998 RE(1/2) 98-134347-2 12/05/97 30.50
Lynk, Edward H. P. 1998 RE(1/2) 98-074810-8 11/12/97 30.50
Barco, Inez B. 1998 RE(1/2) 98-006327-6 11/21/97 69.73
Kline, Gene S. & Cynthia 1998 RE(1/2) 98-066973-7 11/24/97 61.00
Elliott, Royce V. 1998 RE(1/2) 98-036122-0 12/03/97 505.04
Williams, B. Winnie 1998 RE(1/2) 98-132758-8 11/21/97 36.60
IDS Shurgard, Inc. 1998 RE(1/2) 98-059295-3 11/21/97 1947.03
Wicker, Marjorie R. & Roy 1998 RE(1/2) 98-131180-8 12/03/97 39.04
Ching, Ellsworth Y. et al
c/o Donna Boehme 1995 RE(1/2) 95-020896-1 12/05/94 205.20
R. G. Moore Building Corp. 1998 RE(1/2) 98-085011-1 09/06/97 48.19
McClellan, Stephen A. Jr. 1998 RE(1/2) 98-079045-4 12/04/97 63.18
Talc Newtown Associates LP 1998 RE(1/2) 98-119520-2 12/05/97 4917.78
Adkins, Howard S. 1997 RE(2/2) 97-000717-8 05/14/97 1266.82
Adkins, Howard S. 1997 RE(2/2) 97-000718-7 05/14/97 119.21
Total: $14,105.68
This ordinance shall be effective from date of adoption.
The above abatements totaling
$14,105.68 were approved by
the Council of the City of Virginia
Beach on the 24 day of March, 1998
reasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
I esfie L Lilley,
- 37 -
Item VI-L.
PUBLIC HEARING ITEM#43397
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEAAING on:
PLANNING
1. ATLANTIC SHORES RETIREMENT COMMUNITY, LLC MODIFICA TION
OF CONDITIONS
2. SPRINT, P.C.S. CONDITIONAL USE PEAMIT
3. LAZAR BALL TECHNOLOGIES, LLC CONDITIONAL USE PERMIT
4. OCEAN INVESTORS, LLC CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PEAMIT
5. FERRELL PARKWAY ASSOCIATES, INC. CONDITIONAL CHANGE OF
ZONING
March 24,1998
- 38 -
Item VI-L.
PUBLIC HEARING ITEM # 43398
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED in
one motion Items 1, 2, and 3 of the PLANNING BY CONSENT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
March 24, 1998
39 -
Item VI-L.1.
PUBLIC HEARING ITEM # 43399
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon application of ATLANTIC SHOPES RETIREMENT COMMUNITY, LLC, ATLANTIC
SHORES COOPERATIVE ASSOCIATION, INC. for the modification of conditions placed on the
Conditional Use Permit for a retirement community on March 12, 1990.
Application of Atlantic Shores Retirement Community, LLC,
Atlantic Shores Cooperative Association, Inc., for the modification
of conditions placed on the application for a conditional use
permit for a retirement community on March 12, 1990. Property
is located at 1200 Atlantic Shores Drive. PRINCESS AAWE
BOROUGH
The following conditions shall be required:
1. The applicant shall substantially adhere to the submitted
site plan which designates certain areas for specific
types of units. This retirement community was
previously approved for 547 units. A total of 213
additional units are hereby approved. The specific
number of each type of these additional units is flexible
within the following ranges:
a. An additional 45-77 apartment units to be located in the
six story building on the Western end of the property.
b. An additional 45-100 skilled nursing or assisted living
units to be located either in an addition to the main
buildingjust East of the entrance road or in the large
expansion area on the Eastern half of the property.
c. 35-70 "residential" units (to include apartment, duplex
or single-family units) to be located in the expansion
area on the Eastern half of the property.
The total combination of apartment units, duplex units, quad units,
single-family units, nursing units and assisted living units shall not
exceed 760 units.
2. The applicant must submit a detailed site plan
identifying wetlands and water bodies as defined by the
Southern Watersheds Management Ordinance for site
plan review. In accordance with Sections 7 C and (d)
of the Southern Watersheds Management Ordinance, no
development may occur within 50 feet of these features.
3. Lot coverages shall not exceed maximum allowances for
designated zoning categories as required in the Zoning
Ordinance.
4. A 30-foot, vegetated buffer must be preserved adjacent
to any agricultural, residential or apartment-zoned land
which abuts the suhject site. No roads or structures may
be developed in these buffer areas.
March 24, 1998
- 40 -
Item VI-L. 1.
PUBLICHEARING ITEM # 43399 (Continued)
PLANNING
5. Category IV screening shall be installed and maintained
along theftontage ofthe subject site on Dam Neck Road.
Existing vegetation may be used when suitable.
6 Architectural design, materials and colors shall be
consistent with the existing buildings.
7. A residential sprinkler system shall be installed in the
single-family, duplex and quad villas as approved by the
Office of Fire/Plans Review and the City Fire Protection
Engineer. In the larger buildings, an automatic
sprinkler system and an automatic fire alarm system
approved by the Office ofFirelPlans Review and the City
Fire Protection Engineer shall be installed. Such
systems shall comply with NVPA 13R and NVPA 13.
8. All parking areas, roads and sidewalks will meet
requirements of the Americans with Disabilities Act.
Voting: II -0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 24, 1998
- 41 -
Item VI-L.2.
PUBLIC HEARING ITEM # 43400
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon application of SPRINT, P.C.S., for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SPR[NT, P.C.S., FOR
A CONDITIONAL USE PERMIT FOR A WIRELESS
COMMUNICATION CELL TOWER R03982182
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint, P.C.S., for a Conditional
Use Permit for a wireless communication cell tower on property
located 960 feet more or less west of the intersection of Dam Neck
Station Road and General Booth Boulevard and contains 5.490
acres. PRINCESS AAWE BOROUGH
The following conditions shall be required.
1. To ensure the least disturbance of existing trees on the
site, the location of the proposed tower must be shifted
a minimum of 30 feet Northwesterly, towards the existing
tower, and a shared access with the existing tower must
be established.
2. Only those trees necessary to accommodate the
construction of the proposed tower and accessory
structures shall be removedfrom this site. All other
trees located on this property will remain undisturbed.
A tree preservation easement, with no cutting permitted
exceptfor the compound area, must be established over
the entire rear portion of the subject site. The tree
preservation easement shall be bounded on the West by
the 502.33-foot rear property line (which generally
extends Northward and Southward), on the South by the
344.70-foot side properly line (which generally extends
Eastward and Westward); the easement will also extend
230 feet on the Eastern side of the rear portion of the
property (extending from the Southern property line,
Northward along an existing ditch to the Northern
property line), and 100feet along the Northern property
line (extendingfrom the Northwestern corner to the site,
Eastward).
3. Prior to any land disturbance on the site, the applicant
must submit a detailed tree inventory to the Department
of planning for review and approval. All existing trees,
within the construction area, six inches in caliper and
greater, must be identified on the submitted plan.
Preservation of existing trees is required to the greatest
extent possible. Strict limits of construction must be
maintained during the building phase of the project and
tree mitigation on a l.1 basis is requiredfor all trees
removed which are six inches in caliper and greater (fast
growing evergreen trees, such as Leyland Cypress, 5-6
feet in height at planting, are recommended for use as
mitigation.
March 24, 1998
- 42 -
Item VI-L.2.
PUBLIC HEARING ITEM # 43400 (Continued)
PLANNING
4. The tower details section of the submitted plans shall be
revised to depict the locations on the tower where
additional providers' antennae can be accommodated.
A maximum separation of 15 feet shall be provided
between the applicant's antenna arrays and those
identiftedforfuture co-locators.
5. Futurejoint usefor primary and secondary lower users
must be accommodated on this tower.
6 The proposed tower must be designed and constructed in
similar fashion as the existing monopole structure,
including the coloration and lighting shall be permitted
without written verification from the F.A.A. that the
lighting is requiredfor safety purposes.
7. In the event that the tower is inactivefor a period of two
(2) years, it must be removed at the applicant's expense.
8. The applicant shall ensure that the access road serving
this site will be restored to its existing condition upon
completion of the construction phase of this project. The
applicant will also provide for semi-annual maintenance
of the access road, which extends from General Booth
Boulevard to the entrance of the tower compound. The
required maintenance is intended to ensure the roadway
is evenly graded with crush and run material If needed,
the applicant shall use up to two tandem truckloads of
material (approximately 30 tons of crush and run gravel)
each time the maintenance is performed.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of March, Nineteen
Hundred and Ninety-Eight
Voting. ]]-O (By Consent)
('ouncit Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mqyor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay.
None
Council Members Absent.
None
March 24, 1998
- 43 -
Item VI-L.3.
PUBLIC HEARING ITEM # 43401
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon application of LAZAR BALL TECHNOLOGIES, LLC, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LAZAR BALL
TECHNOLOGIES, LLC, FOR A CONDITIONAL USE PERMIT
FOR A COMMERCIAL RECREATIONAL FACILITY R03982183
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lazar Ball Technologies, LLC, for
a Conditional Use Permitfor a commercial recreational facility on
certain property located on Space J1, Lynnhaven Mall. Said parcel
is located at 701 Lynnhaven Parkway and contains 4031 square
feet. PRINCESS AAWE BOROUGH
The following condition shall be required:
1. No paint balls shall be used at this facility.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of March, Nineteen
Hundred and Ninety-Eight.
Voting.- II -0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 24, 1998
- 44 -
Item VI-L.4.
PUBLIC HEARING ITEM # 43402
PLANNING
Attorney R. E. Bourdon, Pembroke One, Fifth Floor, represented the applicant
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED
Ordinances upon application of OCEAN INVESTORS, L.L.C., for a Conditional Change of Zoning District
Classification and a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF OCEAN INVESTORS,
L.L.C FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-20 TO CONDITIONAL R-15
ZO03981102
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ocean Investors, L.L.C, for a
Change of Zoning from R-20 Residential District to Conditional R-
15 Residential District on certain property located on the east side
of Great Neck Road beginning at a point 123.64 feet south of Day
Cove Drive. The proposed zoning classification change to
Conditional R-15 Residential District is for single-family
residential land use. The Comprehensive Plan recommends use of
this parcel for suburban residential/low density residential and
natural resource/conservation land use. Property is located on the
east side of Great Neck Road, 123.64 feet south of Dey Cove Drive,
and contains 77,510 acres. LYNNHA VENBOROUGH
The following condition shall be required:
1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit
Court.
AND,
ORDINANCE UPON APPLICATION OF OCEAN INVESTORS,
L.L.C., FOR A CONDITIONAL USE PERMIT FOR AN OPEN
SPACE PROMOTION R03982184
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ocean Investors, L.L.C, for a
Conditional Use Permit for an open space promotion on certain
property located on the east side of Great Neck Road beginning at
a point 123.64 feet south of Dey Cove Drive. Said parcel contains
77.510 acres. LYAWHA VENBOROUGH
The following conditions shall be required:
1. The property shall be developed as a single family
residential community substantially in conformance with
the exhibit entitled "THE RESERVE AT GREAT NECK,"
prepared by Porterfield Design Center, dated November
9, 1997, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach
Department of Planning.
March 24, 1998
- 45
Item VI-L.4.
PUBLICHEARING ITEM# 43402 (Continued)
PLANNING
2. The property shall be developed in accordance with the
conditions of the variance approved by the Chesapeake
Bay Preservation Area Board, as follows:
a. Those lots impacted by the Resource Protection Area
shall be a maximum of 12,000 square feet.
b. The limits of construction shall lie a maximum of 95 feet
from the right-of-way for lots 5 through 40 and lots 47,
48 and 50 through 62. Structural improvements shall be
limited to 85 feet from the right-of-way for said lots. Said
limits of construction and structural improvement limits
shall be noted on the final plat, construction plans and
site plans. Those lots abutting right-of-way on turning
circles of cul-de-sacs shall adhere to the permitted limits
of construction by measuringfrom the outer most radius
of curvature.
c. A minimum of 35% of the remaining previous area on
each lot (including those lots within the PMA) shall
incorporate mulched planting beds and be so noted on
each site plan. Planting beds shall be located, to the
greatest extent practicable, adjacent to impervious-
surfaced improvements. Bayscape landscape principals
are encouraged.
d. Tree compensation shall be double the canopy
requirements espoused by the City Tree Preservation
and Replacement Ordinance and be so noted on each
individual site plan. This condition applies to both RM
and RPA lots.
e. The waterfront access easements for lots 55 through 57
shall be removed.
f. The limits of construction shall lie a maximum of 80 feet
from through right-of-way for lots 45 and 46. Structural
improvements shall be limited to a maximum of 70 feet
from the right-of-way for said lots. Said limits Of
construction and structural improvement limits shall be
noted on the final plat, site plan(s) and construction
plans.
g. If applicable, those dwellings on lots 40, 44, 45 and 46
shall be built into the slope with no perimeter fill
permitted. This condition shall be so noted on the site
plan(s).
h. A retaining wall shall be installed for that portion of the
roadway crossing the depression near lots 48 and 49.
Said retaining wall shall lie a maximum of five feet
channelward of right-of-way limits. Steps may be
necessary to afford pedestrian access to the open space
area.
March 24, 1998
- 46
Item VI-L.4.
PUBLIC HEARING ITEM # 43402 (Continued)
PLANNING
i. If possible, the lake retention area shall include an
emergent wetland bench around the perimeter of the
facility and be so noted on the construction plan(s).
j. The applicant and his engineer shall meet with the
Development Review Staff and Inspection Staff in
advance of submission of the preliminary subdivision
plat to discuss the aforementioned conditions and
sequence of events schedule.
k. A revised site plan shall be submitted to the DSC for
review and approval prior to the issuance of a building
permit.
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of March, Nineteen
Hundred and Ninety-Eight.
Voting. I I - 0 (By Co n s en t)
('ouncil Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 24, 1998
IORI @O P S 15
INTER-OFFICE CORRESPONVENCE
In Reply Refer To Our File No . DF-4538
DATE: March 2, 1998
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali DEPT: City Attorney
RE: Conditional Zoning Application - Oceana Investors, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on March 24, 1998. I have reviewed the subject proffer agreement, dated
October 10, 1997, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
OCEAN INVESTORS, LLC, a Virginia
limited liability company
and
THE HEIRS OF NAPOLEON B, GODFREY, DECEASED
TO: (COVENANTS AND CONDITIONS) vim
CITY OF VIRGINIA BEACH
a Municipal Corporation of the
Commonwealth of Virginia
THIS AGREEMENT, made this 10th day of October, 1997, by and
between OCEAN INVESTORS, LLC, a Virginia limited liability company,
and THE HEIRS OF NAPOLEON B. GODFREY, deceased, ("Grantor"), of the
one part, and CITY OF VIRGINIA BEACH, a Municipal corporation of the
Commonwealth of Virginia ("Grantee"), of the other part.
WITNESSETH THAT:
WHEREAS, the Grantor has initiated an amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition of the
Grantor addressed to the Grantee, so as to rezone a 77.5± acre
parcel of the Grantor's property from R-20 Residential District to
R-15 Residential District Open Space Promotion. The parcel to be
rezoned being located on the east side of North Great Neck Road near
its intersection with Dey Cove Drive
, containing 77.5± acres, in Lynnhaven Borough, in the
City of Virginia Beach, Virginia, see attached Exhibit A for a more
complete legal description; and
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, through zoning
and other land development legislation; and
WHEREAS, the Grantor acknowledges that in order to recognize
the effects of change, and the need for various types of uses,
certain reasonable conditions governing the use of the Property for
DRAFTED BY: HENRY C. FRENCK, ATTORNEY AT LAW
- 1 -
the protection of the community that are not generally applicable to
land in the R-15 Residential Open Space Promotion zoning
classification are needed to cope with the situation which the
Grantor's proposed development gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in writing, in
advance of and prior to the public hearing before the Grantee, as a
part of the proposed amendment to the Zoning Map, in addition to the
regulations provided for in R-15 Residential Open Space Promotion
zoning district or zone by the existing overall zoning ordinances,
the following reasonable conditions related to the physical
development and operation of the property to be adopted as a part of
said amendment to the new Zoning Map relative to the property
described above, which have a reasonable relation to the rezoning
and the need for which is generated by the rezoning and proposed
development; and
WHEREAS, said conditions having been proffered by the Grantor
and allowed and accepted by the Grantee as a part of the amendment
to the zoning ordinance, such conditions shall continue in full
force and effect until a subsequent amendment changes the zoning on
the Property covered by such conditions; provided, however, that
such conditions shall continue despite a subsequent amendment if the
subsequent amendment is part of a comprehensive implementation of a
new or substantially revised zoning ordinance, unless,
notwithstanding the foregoing, these conditions are amended or
varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and executed
by the record owner of the subject property at the time of
- 2 -
recordation of such instrument; provided, further, that said
instrument is consented to by the Grantee in writing as evidenced by
a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the
Grantee advertised pursuant to the provisions of the Code of
Virginia, Section 15.1-431, which said ordinance or resolution shall
be recorded along with said instrument as conslusive evidence of
such consent.
NOW, THEREFORE, the Grantor, for themselves, their heirs,
personal representatives, assigns, grantees, and other successors in
title or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site
plan, building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to the
physical development and operation of the subject property and
governing the use thereof and hereby covenants and agrees that this
declaration shall constitute covenants running with the said
Property, which shall be binding upon the Property and upon all
parties and persons claiming under or through the Grantor, their
heirs, personal representatives, assigns, grantees and other
successors in interest or title, namely:
1. Property shall be developed as a single family residential
community substantially in conformance with the exhibit entitled
"THE RESERVE AT GREAT NECK", prepared by Porterfield Design Center,
dated November 9, 1997, which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department
of Planning ("Site Plan").
It is recognized that further conditions may be required
- 3 -
during the administration of applicable city ordinances and that
there will be detailed site plan review to meet all applicable city
codes, and that further conditions may be required during the
administration of applicable city ordinances, including without
limitation relocation of points of ingress and egress if required by
the City Staff.
All references hereinabove to requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, in force as of the
day, 1997, which is by this reference incorporated herein.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority on behalf of the governing body
of the City of Virginia Beach, Virginia, to administer and enforce
the foregoing conditions, including (i) the ordering in writing of
the remedying of any noncompliance with such conditions, and (ii)
the bringing of legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate action, suit or proceedings;
(2) the failure to meet all conditions shall constitute cause to
deny the issuance of any of the required building or occupancy
permits as may be appropriate; (3) if aggrieved by any decision of
the Zoning Administrator pursuant to the provisions, the Grantor
shall petition to the governing body for review thereof prior to
instituting proceedings in court; and (4) the Zoning Map may show by
an appropriate symbol on the map the existence of conditions
-4 -
attaching to the zoning of the subject property on the map and that
the ordinance and conditions may be made readily available and
viewable for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia and indexed in the name of the Grantor and
Grantee.
WITNESS the following signatures:
OCEAN,L rginia
v f r
MeAber M ager
May-belle@.
Eliz,oeth G.
G.-Trazfer,@ tto n@@---
in-Fact for Mildred B. Godfrey
David L. Frazier
m i i (i r LNd (i . F ra z i e
k@
fre R.'Gbdfi
Fact @or Mildr(
-5-
Al f reT R.G6 (If rey
Marie-(ioatrey
@arati ti. Kay
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 30th
day of December, 1997, by William J. Davenport, III, Member
Manager, on behalf of Ocean Investors, LLC, a Virginia limited
liability company.
My Commission Expires: l@ld1lol
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 19th
day of December, 1997, by Anne Jackson Henry, Heir of Napoleon B.
Godfrey, deceased.
Notary P u-b I
My Commission Expires: @dl@11,41
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 19th
day of November, 1997, by Foy C. Casper, Jr., Heir of Napoleon B.
Godfrey, deceased.
Notarry Publ.Ic
My Commission Expires
6-
11 71J, : 29 %Y7 '@3.5 2 7 4 LkW OFFICES la.004, 004
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 18th
day of December, 1997 by Elizabeth G. Stoy, on
behalf of the Estate of Mabellle M. Godfrey, deceased, Heir of
Napoleon B. Godfrey, deceased.
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit;
The for going instrument was acknowledged before me this 18th
day of December, 1997, by Elizabeth G. Stoy, Heir of Napoleon B.
Godfrey, deceased.
MY Commission Expires: /t
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit;
The foregoing instrument was acknowledged before me this 1st
day of December, 1997, by Mildred G. Frazier, Co-Attorney in Fact
for Mildred B. Godfrey, Heir of Napoleon B. Godfrey, deceased.
My Commission Expires: 6,1@1101
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 1st
day of December, 1997, by David L. Frazier.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 1st
day of December, 1997, by Mildred G. Frazier, Heir of Napoleon B.
Godfrey, deceased.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 2nd
day of December, 1997, by Alfred R. Godfrey, Co-Attorney in Fact
for Mildred B. Godfrey, Heir of Napoleon B. Godfrey, deceased.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 2nd
day of December, 1997, by Alfred R. Godfrey, Heir of Napoleon
B. Godfrey, deceased.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 3rd
day of December, 1997, by Marie Godfrey, Heir of Napoleon B.
Godfrey, deceased.
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 30th
day of December, 1997, by Sarah G. Ray, Heir of Napoleon B.
Godfrey, deceased.
Notary u ic
My Commission Expires:
TINA M. o,oc
Notmiy P@ @hcth@, 7',!
My
9 -
47 -
Item VI-L.5.
PUBLIC HEARING ITEM # 43403
PLANNING
Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED
Ordinances upon application of FERRELL PARKWAY ASSOCIATES INC., for a Conditional Change of
Zoning District Classification:
ORDINANCE UPON APPLICATION OF FERRELL PARKWAY
ASSOCIATES INC, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM O-2 TO CONDITIONAL B-1A
ZO3981103
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ferrell Parkway Associates, Inc.,
for a Change of Zoning District Classification from O-2 Office
District to Conditional B-1A Limited Community Business District
on certain property located on the west side of General Booth
Boulevard beginning at a point 170 feet more or less north of
Ferrell Parkway. The proposed zoning classification change to
Conditional B-1A is for limited commercial land use. The
Comprehensive Plan recommends use of this parcel for office use
in accordance with other Plan policies. Said parcel contains 1.4
acres. PR[NCESS AAWE BOROUGH.
The following condition shall be required:
1. Agreement encompassing proffers shall be recorded with
the Clerk of the Circuit Court and is hereby made a part
of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of March, Nineteen
Hundred and Ninety-Eight.
Voting: 10-1
('ouncil Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
('ouncil Members Voting Nay.
Nancy K Parker
Council Members Absent.
None
March 24, 1998
Cit@ C>f 'Vir-&7ir-iiia 13@ia@ta
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-4541
DATE: March 2, 1998
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali DEPT: City Attorney
RE: Conditional Zoning Application - Ferrell Parkway Associates, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on March 24, 1998. 1 have reviewed the subject proffer agreement, dated
September 30, 1997, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia
THIS AGREEMENT, made this 30th day of September, 1997,
by and between FERRELL PARKWAY ASSOCIATES, INC., a Virginia
corporation, GRANTOR, party of the first part; and
VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, GRANTEE, party of the second part.
W I T N E S S E T H :
WHEREAS, party of the first part is the owner of a
certain parcel of property located in the Princess Anne Borough
of the City of Virginia Beach, containing approximately one and
four-tenths of an acre (1.40) and described in Exhibit "A"
attached hereto and incorporated herein by this reference,
said property hereinafter referred to as the "Property"; and
WHEREAS, the party of the first part has initiated a
conditional amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the GRANTEE so as to
change the Zoning Classification of the Property from O-2
Office District to B-1A Limited Community Business District; and
WHEREAS, the GRANTEE'S policy is to provide only for
the orderly development of land for various purposes through
zoning and other land development legislation; and
WHEREAS, the GRANTOR acknowledges that the competing
and sometimes incompatible development of various types of uses
conflict and that in order to permit differing types of uses or
and in the area of the Property and at the same time to
recognizes the effects of change that will be created by the
GRANTOR'S proposed rezoning, certain reasonable conditions
governing the use of the Property for the protection of the
community that are not generally applicable to land similarly
zoned are needed to resolve the situation to which the
GRANTOR'S rezoning application gives rise; and
WHEREAS, the GRANTOR has voluntarily proffered, in
writing, in advance of and prior to the public hearing before
- 1 -
the GRANTEE, as a part of the proposed amendment to the Zoning
Map with respect to the Property, the following reasonable
conditions related to the physical development, operation, and
use of the Property to be adopted as a part of said amendment
to the Zoning Map relative and applicable to the Property,
which has a reasonable relation to the rezoning and the need
for which is generated by the rezoning.
NOW, THEREFORE, the GRANTOR, its successors, personal
representatives, assigns, Grantees, and other successors in
title or interest, voluntarily and without any requirement by
or exaction from the GRANTEE or its governing body and without
any element of compulsion or quid pro quo for zoning, rezoning,
site plan, building permit, or subdivision approval, hereby
makes the following declaration of conditions and restrictions
which shall restrict and govern the physical development,
operation, and use of the Property and hereby covenants and
agrees that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and
upon all parties and persons claiming under or through the
GRANTOR, its successors, personal representatives, assigns,
Grantees, and other successors in interest or title:
1. When the Property is developed, it shall be
developed substantially as shown on the exhibit entitled
"PRELIMINARY SITE PLAN PIZZA INN AT STRAWBRIDGE CENTER,
Virginia Beach, Virginia", prepared by Porterfield Design
Center, dated December 15, 1997, which has been exhibited to
the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter "Site Plan").
2. The restaurant depicted on the Site Plan shall
have the architectural design, and appearance as depicted on
the "PROPOSED ELEVATIONS, PIZZA INN AT STRAWBRIDGE CENTER",
prepared by Porterfield Design Center, which has been exhibited
to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter "Elevation").
3. The primary building material used to construct
visible exterior surfaces of the restaurant as depicted on the
Site Plan shall be colonial red colored brick with areas of
- 2 -
light taupe wood siding, white trim elements, black ceramic
tile, glass windows and a cedar shake shingled roof as
designated on the Elevation.
4. The freestanding sign identified on the Site Plan
shall be a monument style sign as depicted on the ENTRANCE SIGN
CONCEPT FOR PIZZA INN AT STRAWBRIDGE CENTER, DATED 12-15-97
prepared by Porterfield Design Center which has been exhibited
to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning. This sign shall only be
externally illuminated from ground level.
5. The only internal illumination permitted on
building-mounted signs shall be the individual lettering of the
words on the signs. No background lighting shall be permitted
on any signage. No neon lighting visible from General Booth
Boulevard, McComas Way, or adjoining property shall be
permitted to be placed on the Property.
6. The parking lot lighting shall be "colonial
style" utilizing "Unique Solutions type RSL-350, Black
Traditional Residential Postop Fixture"(or an equivalent
fixture approved by the Planning Director prior to the issuance
of an Occupancy Permit), on black tapered aluminum poles no
greater than fourteen feet (14') in height. All outdoor
lighting shall be shielded, deflected, shaded and focused to
direct light onto the premises and away from adjoining property.
7. The outdoor dining plaza depicted on the Site
Plan shall have appropriate outdoor furnishings in earth tone
colors. The outdoor dining plaza shall be a "full service"
dining area utilizing china plates and metal flatware.
8. The building designated on the Site Plan as
"FUTURE OFFICE 3000 S.F." shall have an architectural and roof
design substantially similar to that of the Pizza Inn depicted
on the Elevation and shall utilize the same building materials
specified in proffer number 3 above. Elevations and renderings
shall be submitted to the Planning Director for review and
approval prior to Site Plan approval for the "Future Office".
A@ AT LAW
3
9 . The only uses which will be permitted in the
building designated "FUTURE OFFICE 3000 S.F." are those which
are permitted within the O-2 Office Zoning District and are not
prohibited within the B-1A Limited Community Business District.
10. The only uses which will be permitted in place of
a Pizza Inn in the building depicted on the Site Plan and
Elevation are a) another eating and drinking establishment
without drive-through windows as permitted within the B-1A
Limited Community Business District; or b) those permitted
within the O-2 Office Zoning District and not prohibited within
the B-lA Limited Community Business District.
11. Further conditions may be required by the GRANTEE
during detailed Site Plan review and administration of
applicable City codes by all cognizant City agencies and
departments to meet all applicable City code requirements.
All references hereinabove to B-1A and O-2 Districts
and to the requirements and regulations applicable thereto
refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as
of the date of approval of this Agreement by City Council,
which are by this reference incorporated herein.
The above conditions, having been proffered by the
GRANTOR and allowed and accepted by the GRANTEE as part of the
amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of
the Property and specifically repeals such conditions. Such
conditions shall continue despite a subsequent amendment to the
Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised
Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's office of the Circuit Court
of the City of Virginia Beach, Virginia, and executed by the
record owner of the Property at the time of recordation of such
&@.P,C. instrument, provided that said instrument is consented to by
A@ AT LAW
4
the GRANTEE in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the
GRANTEE, after a public hearing before the GRANTEE which was
advertised pursuant to the provisions of Section 15.1-431 of
the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
The GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia
Beach, Virginia, shall be vested with all necessary authority,
on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions
and restrictions, including the authority (a) to order, in
writing, that any noncompliance with such conditions be
remedied, and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and
restrictions shall constitute cause to deny the issuance of any
of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning
Administrator, made pursuant to these provisions, the GRANTOR
shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol
on the map the existence of conditions attaching to the zoning
of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the GRANTOR and the GRANTEE.
A@ AT LAW
WITNESS the following signatures and seals:
FERRELL PARKWAY AM ASSOCIATES,
INC., a Virginia corporation
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me
this 1st day of October, 1997, by Thomas C. Broyles,
President of Ferrell Parkway Associates, Inc., a
Virginia corporation, on behalf of said corporation.
Notary Public
my Commission Expires:
6610i
C.
AT LAW
6
EXHIBIT "A"
Beginning at the south-eastern Corner of Parcel A-3 as shown by
the TAF Group titled "Subdivision of Parcel A-1 of Ferrell
Parkway Associates, Inc.", recorded in map Book 240 at page 32,
in the Clerk's Office of the City of Virginia Beach, said point
falling along the Northernly line of General Booth Boulevard,
thence curving to the right a radius of 2,619.82, a distance of
56.78' to a point, thence S 08 00'08"E a distance of 14.28' to
a point thence continuing along said right of way along a curve
to the right a radius of 418.00 a length of 75.00' to a point,
thence continuing along said right of way curve to the left a
radius of 462.001 a distance of 101.23' to a point, thence
continuing along said right of way a curve to the left of the
radius of 1,622.17' to a point, a length of 90.00' to a point,
thence departing from said right of way along a bearing of N33
44'53"W a distance of 292.02' to a point, thence along a length
of 48.94' to a point, thence N28 20'00"W a distance of 9.78' to
a point, thence N59 42'47"E a distance of 207.70' to a point,
thence S42 02'45"E a distance of 178.58" to the point of
beginning, containing approximately 1.4 acres.
6610i
SYKES.
A@YS AT LAW
7
- 48 -
Item VI-M.1.
APPOINTMENTS ITEM # 43404
BY CONSENSUS, City Council RESCHEDULED:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PERSONNEL BOARD
THE PLANNING COUNCIL
VIRGINIA BEACH CRIME TASK FORCE
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
March 24, 1998
- 49 -
Item VI-O.
ADJOURNMENT ITEM # 43405
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:35 P.M
-------------------------------
Beverly 0. Hooks, CMCIAAE
Chief Deputy City Clerk
- -- - ---- ----- ---------------------------------
Ruth Hodges Smith, CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
March 24, 1998