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HomeMy WebLinkAboutNOVEMBER 20, 1989 "f NTir-"i@iiEA IL3@@@" "WORLD'S LARGEST RESORT CITY" CITY COUNCIL M@- MEY@- E OB@-WU, A@ VIC@ -YOR @-ERI W, -0, JOIN H-1@O.E@, A@ jo@N -1 K, J.., I -1, JR, 11 I.Ll CITY COUNCIL AGENDA INI.IA@ l@ll@R I -LEY, li@ A@-, H-@ SMI-, C", c,@@ NOVEMBER 20, 1989 ITEM 1. CITY COUNCIL BRIEFING - Oonference Room - 11:00 AM A. LAND MANAGEMENT TECHNIQUES ITEM 11. COUNCIL CONFERENCE SESSION - Conference - 12:30 PM A. CITY COUNCIL CONCERNS L U N C H - Conference Room - 1:00 PM ITEM 111. INFOF44AL SESSION - Conference Room - 1:15 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Oouncil Chamber - 2:00 PM A. INVOCATION: Reverend Michael Hurt Virginia Beach Community Chapel B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. PUBLIC HEARING CAPITAL IMPROVEMENT PROGRAM November 8, 1989 2. INFORMAL & FORMAL SESSIONS November 13, 1989 F. CITY MANAGERTS PRESENTATION 1. BOND REFERENDUM EXPENDITURE STATUS REPORT Mr. William Schlimgen, Cbairman Bond Referendum Committee G. PL13LIC HEARING 1. CAPITAL IMPROVEMENT PROGRAM H. ORDINANCES/RESOLUTIONS 1. CAPITAL IMPROVEMENT PROGRAM OPTION 1: Ordinance upon FIRST READING to adopt the FY 1989-90/FY 1993-94 Capital lmprovernent Program and to appropriate $155,636,771 for the FY 1989-90 Capital Budget, subject to funds being provided frorn various sources set forth therein.(Item 1A) Ordinance upon FIRST READING alrthorizing the issuance of General Obligation Bonds of the City of Virginia Boach, Virginia, [n the maximum amount of $8,000,000 for Road, Highway and Bridge purposes. (Item 2A) Ordinance upon FIRST READING authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, In the maximun amount of $29,200,000 for various Public Facilities and General Improvements. (Item 3) Ordinance upon FIRST READING authorizing the issuance of Water and Sewer Revenue Bonds of the City of Virginia Beach, Virginia, in the maximun amount of $8,940,000. (item 4) Ordinance upon FIRST READING establishing the Tax Levy on Real Estate for tax Fiscal Year 1991. (Item 5) Resolution rescinding a Resolution of Decernb6r 12, 1988, In connection with the authorization and Issuance of General Obligation Bonds of the City of Virglnia Beach, Virginia, in the maximlin amount of $8,000,000 for Road, Highway and Bridge purposes. (Item 6) Recormendation: Approve Items IA, 2A, 3, 4, 5 and 6. OPTION 2: Ordinance upon FIRST READING to adopt the FY 1989-90/FY 1993-94 Capital Improvement Program and to appropriate $139,636,771 tor the FY 1989-90 Capital Budget subject to funds being provided from various sources set forth herein. (Item IB) Resolution in connection with the authorization of the issuance of General Obligation Bonds of the City of Virginia @ach, Vi rg In la, in the maxlmum amount of $8,000,000 for 1989 for Road, Highway and Bridge purposes. (Item 2) Ordinance upon FIRST READING authorizing the Issuance of General Obl lgation Bonds of the City of Virginia Beach, Virginia, in the max!mlim amount of $8,000,000 for RDad, Highway and Bridge purposes. (Item 2A) Ordinance upon FIRST READING authorizing the issuance of General Obi lgation Bonds of the City of Virginia Beach, Virginia, In the maximum amount of $29,200,000 for various Public Facilities and General lmpravments. (Item 3) Ordinance upon FIRST READING authorizing the Issuance ot Water and Sawer Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $8,940,000. (item 4) Ordinance upon FIRST READING establishing the Tax Levy on Real Estate for Tax Fiscal Year 1991. (item 5) Recommendation: Approve Items 1B, 2, 2A, 3, 4 and 5. 1. PLIBLIC HEARING 1. PLANNING a. Appi lcation of EXPRESSWAY BUSINESS PARK for a C)onditional Use Pennit for a radio transmission station on Lot 10A, Expressway Park (237 Business Park Drive), containing 1.11 acres (BAYSIDE BOROUGH). Recommendation: WITHDRAWAL b. Application of EL)CLID ASSOCIATES for a Conditional Use Permit for a church at the Northwest corner ot Cleveland Street and Opal Avenue (4978 Cleveland Street), containing 1.26 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL c. Appi ication of ROY S. and NELDA R. HODGES for a Condltional Use Permit tor a single family dwelling In the AG-1 Agricultural District on the South side of Princess Anne Road, 2587.1 feet East of Landing Road (329 Princess Anne Road), containing 7.517 acres (PUNGO BOROUGH). Recommendation: APPROVAL d. Application of LOIZOU, INC., a Virginia Cbrporation, for a C,onditional Use PerTnit for automobile retall saIL-s and service at the Southeast corner of Baker Road and Hampshire Lane (640 Baker Road) containing 30,535.56 square feet (BAYSIDE BOROUGH). Pecommendation: WITHDRAWAL a. Appilcation of THE ESTATE OF PETER AGELASTO, JR. for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street, located at the Southern extremity of tkcullough Road (LYNNHAVEN BOROUGH). Recommendation: DENIAL J. CONSENT AGENDA Al I matters I isted under the Consent Agenda are considered in the ord [nary course of business by City Counci I and wi I I be enacted by one motion in the form listed. If an item is ramoved from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to authorize and direct the City Venager to execute odst Participation Agreement with London Bridge Industrial Park 11 for construction of certain sewer facilities. 2. Ordinance to TRANSFER tunds in the amount of $50,000 from the Gen,5ral Fund Peserve for Contingencies to the Tax R51lef Progran for the Elderly and Handicapped. 3. Ordinance to TRANSFER $23,800 from Community Development Contingencies to fund a contract; and, authoriz6 the City Manager to e)< ec ute an ag reement with the Virginia Beach Comunity Development Corporation for a Transitional Housing Program. 4. Ordinance authorizing tax refunds In the amount of $4,301.64. 5. Ordinanca authorizing a special tax refund in the amount ot $2,368.08. 6. Ordinance authorizing license refund In the amount of $6,735.05. K. UW INISHED BUSINESS 1. ABSTRACT OF VOTES - General Election of tbvember 7, 1989. L. NEW BUSINESS M. ADJOLRNMENT CITY COUNCIL SESSION CANCELLED NOVEMBER 27, 1989 NATIONAL LEAGUE OF CITIES A] I other Sessions wi I I be in accordance with the City Code lbs 11/16/89 ki I N U T E S VIRGINIA BEACH CITY COUNCIL Virginla Beach, Virginia November 20, 1989 The LAND MANAGEMENT TECHNIQUES BRIEFING for the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the in the Council Chambers, City Hall Building, on Monday, November 20, 1989, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heisch6ber, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: John D. Moss (ENTERED: 11:08 A.M.) - 2 - LAND MANA GEM EN T T E C H N IQ U E S 11:00 A.M. TTEM # 32050 Robert Scott, Director of Planning, referenced the DRAFT report entitled: "TDRs: An Agricultural Preservation Program for Virginia Beach". Two similar presentations will be rnade later in the day, November Twentieth, to the Planning Commission and the Growth Management Advisory Committee. Charles L. Siemon, Consultant, Siemon, Larsen & Purdy, emphasized there are two programs underway. The first phase entails refinement of the TDR Program to enable determination by City Council whether to proceed to Transferrable Development Rights as a Growth Management Option through the next session of the General Assembly. The second phase involves a Comprehensive Plan Update which examines the areas south of the Green Line and portrays the future land use, if any of those areas. This aforementioned study is now underway with the Consultants, Rogers-Golden & Halpern, and the Planning Staff having certain responsibilities which will ultimately produce a series of policy decisions by City Council regarding future land use in the areas south of the Green Line. The TDR is an implementation program for a series of planned policies. In order to meet the deadlines necessary to have the enabling authority granted to the City, the City must move forward independent of the completion of the Comprehensive Plan update and the policy decisions. Decisions relative receiver areas cannot be made until completion of the Comprehensive Plan update process and policy decisions are formulated. This should not inhibit the City from moving forward with the TDR concept, as it will not affect the allocation program and over time the City might wish to vary the areas designated as receiver sites. Charles L. Siemon advised typographical errors contained on page 2 and 3 of the Executive Summary and page 12 of the Text contain certain references to tax per unit of assessed value. Pages 2 and 3 should reflect 8-1/2cts per $100 and 85cts per $1000. Page 12 should correctly read: "20cts per $1000 in value increase in ad valorem taxes could finance such an effort". This could also state 2cts per $100 which is the form most familiar to City Council. Charles L. Siemon advised the decision not to present a formal recommendation in regard to which of the six options for receiver areas at this time was in deference to the ongoing plan update process and the outcome of this process. In looking at the six options identified, any of the options selected are going to yield a reasonable number of receiver sites and a reasonable opportunity -or mitigation to occur. Options for designation of Receiving Areas for TDR'S. Allow residential development north of the Green Line to increase from the current "zoned density" to the "planned density" indicated in the 1986 Comprehensive Plan. Allow additional development in the North Landing Subarea of the area between the Green Line and the Blue Line under the pattern of development now prevailing in the City. Allow additional development in the North Landing Subarea of the area between the Green Line and the Blue Line, but under a "communities of place" pattern of development. Allow additional development, under a "communities of place" pattern, in that portion of the Courthouse- Sandbridge area lying north of the Green Line. Allow additional development in small areas concentrated around the communities of Pungo, Creeds and Munden Point. Allow TDR's to be used to increase non-residential development north of the Green Line above the levels now allowed under the City's current zoning ordinance. - 3 - LAND MANA GEM EN T T E C H N IQ U E S ITEM # 32050 (Continued) Charles Siemon advised the policy assumption on which this program is based is the City wishes to preserve and protect a critical mass of agricultural and environmentally sensitive lands which are currently located somewhere to the south of the Green Line. Charles Siemon cited the key components in the report: Recommended Protection Area: It is recommended that some land south of the Green Line not be included in the protection area and be designated for future development according to conditions and terms that are prescribed in the update to the City's Comprehensive Plan. Because Back Bay is particularly vulnerable to water quality impacts and loss of habitat due to development of the wetlands and uplands located in its watershed, it is recommended those lands in the Back Bay Subareas and the lands south of the so-called "Blue Line" be designated as the protection area and the "North Landing Area" be reserved for future development in accordance with the Comprehensive Plan. Future land uses in the protection area would be limited to agricultural and agriculturally compatible land uses including very low density residential uses. This area would also be the "sending area" for transferable development rights or the area where development rights would be purchased under a purchase of development rights (PDR) program. Purchase of Development Rights: A technique for the preservation of agricultural and environmentally sensitive lands south of the Green Line that was not fully considered in the initial study for Virginia Beach is the acquisition of development rights, or what is commonly known as purchase of development rights (PDRs). The principal issues involved in establishing a PDR program are the cost of the program and how the needed funds can be raised. Tf the City wished to preserve all lands in the Back Bay Subarea and those lands south of the Blue Line, the estimated cost of acquiring all development rights in this area (including transactional costs) would be subtantially less -- approximately $125,000,000. On the other hand, if the City were to decide to preserve only those lands lying south of the Blue Line, the total acquisition cost would be less, approximately $108,000,000. There are three general sources of funds that have been used in this country to finance the purchase of development rights: (1) state or federal legislative appropriations; (2) real estate transfer taxes; and, (3) ad valorem property taxes. One alternative the City may wish to consider is to combine a program of purchase of development rights with a program of transferable development rights. In effect, the City would buy TDRs and either retire the rights, or resell the TDRs under specified terms and conditions. In this way the City would "make a market" in TDRs -- that is, provide the owners of TDRs with a ready and willing buyer, while preserving the opportunity to resell the development rights in order to mitigate against the supply constraint impacts of a TDR program or to replenish the development rights acquisition fund. Allocation of Transferable Development Rights; Development expectations and market values of land south of the Green Line vary according to the physical character of the property -- amount in uplands versus wetlands, etc. -- as well as the property's proximity to the Green Line. What is needed in order to fairly allocate TDRs is a methodology that reflects the realistic future development value that the market ascribes to individual parcels of land, taking into account the character of the land, its proximity to the Green Line, and the resulting probability of future development. Research carried out as a part of the Study revealed there is an existing, reliable source of information in regard to the development value of lands south of the Green Line in the form of the City Assessor's records. It is recornmended this legally recognized set of land values be used as a basis for allocation of TDRS. - 4 - LAND MANA GEM EN T T E C H N IQ U E S ITFiM # 32050 (Continued) Future Development value of Property in the Sending Area: There are a number of land "values" that can be used in analyzing the City Assessor's records to determine the fair market value of the future development value of properties in the designated protection area. "Fair market value" is the price that a willing purchaser would pay, not under compulsion, to purchase the land itself. It is derived from the assessed market value of the property as shown in the City Assessor's records. This figure accounts not only for the current use of the property, but also for potential future uses of the property which the market believes are reasonably foreseeable. "Land use value" is the value of the land for the use to which it is currently devoted. This value does not include any speculative or expectation value that the market attaches to the land based on the expectation of future development of the land for some higher-value use. "Development value" is derived by subtracting each property's "land use value" from its "fair market value". This particular section entails the methodology utilized in translating the assessed values in the City's Assessor's records into the formula that was utilized to apportion the PDR'S. Estimated Value of a TDR: The amount a developer would be willing to pay for a TDR varies according to a wide variety of factors and is difficult to predict with certainty. Raw land values were compiled from published sources in Virginia Beach and confirmed by representatives of the development community. The site improvement costs are derived from local data in national publications and have been confirmed by local builders. The estimate of 30 percent gross profit is derived form interviews with local developers and is corroborated by testimony adduced in a recent legal proceeding in a "test" case involving transfer of development rights. The transactional of 10 percent is based on experience with general real estate transactions and the opinion of experienced real estate counsel. The projections of lot values were developed by Hammer Siler George Associates based on standard market analyses and represent median values for lots of identified size with average amenities. Charles L. Siemon referenced three tables contained within the report. Table 2 depicted the "income analysis approach" that was used to predict the value of a TDR in Virginia Beach, based on a ten-acre receiver site with a base density of 1.5 dwelling units per acre with a maximum density of 3.5 dwelling units per acre. Table 3 portrayed the amount a developer could afford to pay for a TDR in using TDRs to move from 7 to 12 dwelling units per acre. This analysis assumes that development efficiency is the same for both a 7 unit per acre project and a 12 unit per acre project. Table 4 portrayed the amount a developer could afford to pay for a TDR using TDRs to move from 12 to 18 dwelling units per acre. This analysis assumes development efficiency is the same for both a 12-unit-per-acre project and an 18-unit-per-acre project. The base value which is recommended to be used in the allocation of TDRs is derived from the medial value of residential development in the range of 1 to 3.5 dwelling units per acre. This value is recommended because it indicates the most probable value given the market preference for low-density residential development and the "political" bias in favor of low-density development. Recommended Allocation TDR Allocations: Taking the fair market value of the existing development rights in the recommended protection area and applying the formula stipulated in the section related to "Allocation of Transferable Development Rights", it is recommended 12,252 TDRs be allocated to the designated protection area and each individual parcel of land be allocated a pro-rata share of the total TDR allocation based on the following formula, using the fair market value of the parcel of land as indicated in the City's assessment records. Where a parcel of land is not enrolled in the Land Use Taxation Program, the fair market value shall be determined on the basis of a survey of the agricultural lands, forests, marshes and wetlands on the property and subtracting the use value of the subject property (according to the state's value coefficients) from the current value to determine fair market value. The total number of TDRs would be allocated among individual property owners in the "sending area" based on the "development value" of the individual property. - 5 - LAND MANA GEM EN T T E C H N IQ U E S ITEM # 32050 (Continued) An individual property's share of the total number of TDRs would be proportionate to the individual property's share of the total "development value" of all properties in the sending area. The number of TDRs allocated to an individual property, given the development value of $113,858,548 of all land in the protection area and the estimated value of a TDR, $9,293, can be determined using the following formula: Allocation = Parcel's Assessed Development Value x 0.0001222809. Receiving Areas; The City of Virginia Beach is currently preparing an update of its Comprehensive Plan. One product of that effort will be specific recommendations as to appropriate receiver areas and the increase in density that would be appropriate in each designated receiver area. The effectiveness of the TDR program will be affected by the number of receiver areas that are designated. Nevertheless, even if only a few areas are designated as receiver areas, the potential mitigation of windfalls and wipeouts in the recommended protection area is substantial. Impact on Housing: While any growth management program has a tendency to increase housing prices, the data assembled as a part of the market overview and the TDR calculations contained in the Report indicate the implementation of a TDR program in Virginia Beach may militate against an increase in housing costs that would otherwise occur. Draft Transferable Development Rights Enabling Legislation: In order to avoid any question in regard to the authority of the City of Virginia Beach to adopt and implement a transferable development rights program, enabling legislation has been prepared that expressly authorizes the City and other local governments in Virginia to use transferable development rights as a growth management program. One major element is missing in said report. Tf the City wishes to have the opportunity to participate as a market maker in a TDR program, there should be an additional section which would allow the City to establish a trust to acquire transferrable development rights and resell them in order to carry out the City's Comprehensive Plan. Draft Transferable Development Rights Ordinance: The draft ordinance adopts and implements an agricultural and environmentally sensitive lands preservation program that relies on TDRs to mitigate the impacts of the restrictions needed to protect and preserve the lands. The ordinance does not include a specification of receiving areas because the identification of specific receiving areas will be ascertained during the comprehensive plan update process. Sections which would contain receiver area designations have been "reserved" in this draft. As the City goes through the Comprehensive Plan update process, which will establish policy for the area south of the Green Line. The area west of West Neck Creek is an area of influence and activity. The future land use pattern to be established needs to respond to what is happening across that boundary. This is a factor to be taken into consideration. Charles L. Siemon advised he believes residential development does set the market value. In the future, attention needs to be given to prioritizing those improvements which will facilitate non-residential development versus residential development. The C,@nsultants have recommended the program be in perpetuity; however, this is according to City Council's policy direction. The majority of the TDR Programs which are operating effectively are in perpetuity: Dade County, Florida and Pinelands, New Jersey. - 6 - LAND MANA GEM EN T T E C H N IQ U E S ITEM # 32050 (Continued) Charles Siemon advised two scenarios would be investigated for the future development area. The consultants will characterize what it should look like and what the elements of that community are including recreation and open space, as well as the cost to achieve same. There is approximately 10,000 acres of vacant land north of the Green Line. Only a portion of those are zoned for residential purposes. Some are AICUZ. Charles Siemon advised there is an opportunity for Conditional Zoning and TDRs to operate independently and not affect each other. There is also the opportunity, if additional density is available through another program, such as Conditional Zoning, this could constrain the effectiveness of the TDR Program. Mayor Oberndorf advised the Land Use Seminar "INNOVATIVE GROWTH MANAGEMENT TECHNIQUES" is scheduled for December 7 and 8, 1989 at the Cavalier Hotel. - 7 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 32051 Mayor Oberndorf read the letter ot November Fourteenth trorn the Honorable Joseph P. Riley, Jr., Mayor, City of Charleston. Mayor Riley expressed gratitude for the City's valuable assistance in Charleston's recovery from Hurricane Hugo. The City's quick response, coupled with the coordination by the U.S. Conference of Mayors staff, has created a powerful new resource for disaster recovery. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32052 Councilman Moss referenced the "Letter to the Editor" concerning refunds on personal property tax. If you buy a new car, you have to notify the Treasurer's Office you have sold or otherwise disposed of your vehicle to be entitled to a refund. Citizens have suggested the City when forwarding Personal Property Tax Bills should also include a notification advising of the individual's rights. If one disposes of their vehicle, they are entitled to a refund. ITEM # 32053 Councilman Perry referenced the Civil Rights Commission Report which contained an error. Councilman Perry advised he was elected by the whole City of Virginia Beach, not just by the Bayside Borough. The City Manager will provide copies of this report to all Members of City Council. ITEM # 32054 Councilman Perry advised Mrs. Mary Smith had been living in a shack in Reedtown. All those years her taxes were only $19. A new house was built for her through Community Development and now here taxes are $900. The appraisers should be aware of same. Councilman Heischober advised Mrs. Smith's husband is disabled. The City Manager will advise Gerald Banagan, the Real Estate Assessor, who will contact Mrs. Smith. ITEM # 32055 Councilwoman Parker referenced a Memorandum from the Commonwealth of Virginia for the Southeastern Virginia Regional Office pertaining to the sewerage treatment works to service Surfside at Sandbridge Campground where they are going to take the easement across to the Atlantic Ocean for the outfall. The City Manager will schedule a Briefing relative this item. - 9 - ITEM # 32056 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Obernd or f in the Con f erence Room, City Hall Bu II d I ng, on Monday, November 20, 1989, at 1:18 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 10 - ITEM # 32057 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotlon, saiaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1- 344(A)(1). (1) Performance Evaluations: City Clerk, City Assessor, City Manager (2) Appointments: Boards and Commissions - Terms Expire 12/31/89 - Central Business District Cornmission. 2. 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 the 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). Upon motion by Councllman Sessoms, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 11 - VIRGINIA BEACH CITY COUNCIL Noveinber 20, 1989 2:00 P.m. P Mayor Meyera E. Oberndorf called to order the FOMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, Novernber 20, 1989, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss ' Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Michael Hurt Virginia Beach Community Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Fentress advised Reverend Hurt Is his new Pastor and is from California. - 12 - Item iV-D.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32058 Upon motlon by Counci Iman Moss, seconded by Counci lman Sessoms, City Counci I ADOPTED: CERTIFICATION OF EXECUTIVE SESSION 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 motions convening the Executive Session were heard, discussed or considered by Vlrginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 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 exernpted 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. MOTION; Upon motion by Councilman Sessoms, seconded by Councilnan Moss, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). (1) Personnel Evaluations: City Clerk, City Assessor, City Manager (2) Appointments: Boards and Commissions - Terms Expire 12/31/89 - Central Business District Commission. 2. 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 the 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). VOTE: 11-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. None Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Sr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None Rtith Hodges Smith, CMC/AAE City Clerk - 13 - Item VI-E.I. MINUTES ITEM # 32059 Upon motion by Counci I woman Parker, seconded by CouncII man Sessoms, C!ty Council APPROVED the Minutes of the PUBLIC HEARING CAPITAL IWROVEMENT PROGRAM of November 8, 1989 and the INFORMAL & FORMAL SESSIONS of November 13, 1989. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 14 - Item IV-F. CITY MANAGERTS PRESENTATION BOND REFERENDUM EXPENDITURE ITEM # 32060 STATUS REPORT William Schlimgen, Chairman - Bond Referendum Committee, reported on the status of the BOND REFERENDUM EXPENDITURE. Five of the seven 1986 hlghway projects are underway with construction having recently begun on Northampton Boulevard. Only General Booth Boulevard and indian River Road have not reached the construction stage. Of $40,000,000 authorized, 53.9% or $21,547,007 has been contracted. Each of the four schools approved is under construction with completion imminent on Ocean Lakes, Red Mill Farm, and Tallwood Elementry Schools. As previously noted, the sites for schools in the Farmer's Market area and for London Bridge Road have been acquired. Funds totaling $27,339,648 or 84.6% of the $32,310,000 authorized have been expended. Great Neck Is the only one of the four recreation centers presently under construction. However, it is anticipated advertising for bids for Bayside and a notice to proceed for Bow Creek will each occur in October 1989. Through September 30, 1989, $9,816,169 or 29.9% of the $32,850,000 total had been contracted. 1 5 I V-G. I . PUBLIC HEARING CAPITAL IMPROVEMENT PROGRAM ITEM # 32061 Mayor Oberndorf DECLARED a PUBLIC HEARING: CAPITAL IMPROVEMENT WORKSHOP (FY-1989-90/1993-94) The following spoke relative various concerns: Sheila Price, 333 Pike Clrcle, Phone: 426-2993 - OPPOSED to Sandbridge Sewers Garland Isdell, 6613 Indian River Road, Phone: 420-6260 - OPPOSED to Flyover at Indian River Road/Military Highway. R. W. Van Kirk, 1281 Mossy Oaks Court, Phone: 496-0430 - presented petitions relative Red Wing Lake Golf Course. (Said petitions are hereby made a part of the record.)* Major Dan Divinney, 1048 Belvoir Lane, Phone: 424-3571, President of Lake James Homeowners Association - OPPOSED to Relocation of Centerville Turnpike. Major Divinney's statement is hereby made a part ot the record as well as a letter frofn the President of the Lake Christopher Homes Association. Gary Webster, 840 South Military Highway, Phone: 420-1620 - OPPOSED to FLyover at Military Highway. Senator Sonny Stallings, 3330 Pacific Avenue - OPPOSED to Sandbridge Sewers Jim Martinette, 2824 Bluebill Drive, Phone; 721-3148 - SUPPORTED Sandbridge Sewers. The Sewer Line does not have to come down Sandbridge Road. Anna Lou Underwood, 6305 Eastport Road, Phone: 420-2535 - OPPOSED to Flyover at Military Highway. Helen McDonald, 2360 Sandfiddler Road, Phone: 426-6653 - SUPPORTED Sandbridge Sewers. Judy Gearhart, 2865 Sandpiper, Phone: 426-7700 - SUPPORTED Sandbridge Sewers. Margle Klein, 300 Pintail Crescent, Phone: 721-2403, Treasurer - Sandbridge Civic League and represented Herb Taylor, President of Sandbridge Civic League. Herb Taylor's letter is hereby made a part of the record. The League has not addressed the Issue of Sewers. Sand is needed deposited at the Beach before any investment Is made in sewer or septic tank systems. Dr. William Brown, 2232 Sandpiper Road, Phone: 721-5011 - OPPOSED to Sandbridge Sewers. Cheryl Petticrew, 308 Swordfish, Phone: 426-5221 - OPPOSED to Sandbridge Sewers. Ken Taylor, 908 North Plantation Drive, Phone: 496-7598, Attorney for the Christian Broadcasting Network, and advised the Conditional Use Permits and the design of CBN's infastructure for utilities, roads, et cetera are based on a Relocated Centerville Turnpike. Don Ogiesby, 3213 Little Island Road, Phone: 426-7643 - OPPOSED to Sandbridge Sewers. - 16 - I V-G. 1 . PUBLIC HEARING CAPITAL IMPROVEMENT PROGRAM ITEM # 32061 (Continued) Chuck Bowles, 2716 Bl uebi II Drive, Phon@-: 421 -7332 - SUPPORTED Sand bridge Sewers. Charles P. Lane, 308 Teal Crescent, Phone: 721-3658, represented the Sandbridge Sewer Committee - SUPPORTED Sandbridge Sewers. Reverend Ernest Benson, President of Queen City Civic League, spoke relative the playground and Drainage Ditch at Queen City Maxine C. Graham, 3057 Sandpiper Road, Phone: 721-3000 - SUPPORTED Sandbridge Sewers. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. *As per reference of R. W. Van Kirk, Mayor Oberndorf read into the record her letter to Mrs. Mal loy of June 9, 1989, relative the Redwing Golf Course. Said letter Is hereby made a part of the proceedings. Councilman Moss advised VDOT has not yet made a recommendation to City Council; however Counci fman Moss proposed the verbiage on Page 43 (ROADWAYS), PROJECT 2-045 Military Hlghway shall be MODIFIED TO DELETE the Phase: "Includes a flyover ramp froin southbound Military Highway to eastbound Indian River Road" Cit@ @f MEYERA E. OBERNDORF MUNICIPAL CENTER MAYOR VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4581 June 9, 1989 Mrs. Anne P. Malloy 213-B 65th Street Virginia Beach, Virginia 23451 Dear Mrs. Malloy: Thank you for your recent letter concerning the Redwing Golf Course. The City of Virginia Beach currently does not own the Redwing Golf Course but leases its 288 acres from the Commonwealth of Virginia. However, due to a decision by the Governor in 1987, the City is being required to purchase the golf course and approximately 300 acres on nearby parcels in order to preserve the golf course, Birdneck Elementary School, the Fire Training Center and Fire Station, Owls Creek Tennis Center, and other investments made by the City on State-owned property. This requirement by the State to buy the property at approximately $4.7 million came as a surprise to the City because of the long-term nature of our leases on the property. However, because of the State's demand, we are being forced to fund the $4.7 million over the next several years or be faced with the loss of all of these facilities at the expiration of our leases. Further, the City had been negotiating with the State for the purchase of a 130 acre tract adjacent to the existing Redwing Golf Course for development of an additional 18-hole course. The City is lacking in golf courses, and we have been losing tourists to other areas such as Myrtle Beach that have more golf opportunities. Therefore, when the State required us to purchase the existing Redwing Course, and also the proposed golf course expansion property, it became necessary to utilize the funding set aside for development of the new golf course as part of the funding for the purchase of the property we were required to buy. In order to create more golfing opportunities, the City Manager is now examining the possibility of private development of, either in combination or alone, the existing course and the 130 acre expansion parcel. For instance, if a decision were made to allow a private developer to build a golf course on this property, the City could have three 18-hole golf courses in an area now served by one 18-hole course. The City Manager has not yet made his presentation to city council, and it is premature to anticipate what decision Council will make concerning private development which would still entail City ownership and control over these proposed golf courses. Again, thank you for your letter concerning the Redwing Golf Course. I hope this belays some of your fears and perhaps some of the misinformation that you have received. sincerely, ndorf - 17 - Item IV-H.2 a. ORDINANCES/RESOLUTIONS CAPITAL IWROVEMENT PROGRAM ITEM # 32062 Harry Frazier, Bond Counsel , Hunton & Wi I I lams, advised the 2/3 vote of City Council Is required for Referendum Bonds or Charter Bonds up to $10-MILLION in net additional indebtedness in any one year. Three classes of bonds require only a majority vote: Bonds under Section 10A of the Constitution which do not count against the City's debt limit; Refunding Bonds and Road Bonds. The Introductory language for the Road Bond portion of the Charter states: "Not withstanding any other provision of law special or general." Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ADOPTED, amended modifications listed on the first page of the City Manager's Memorandum to City Council dated November 20, 1989, and added the acceleration of London Bridge School from 1992 to 1991. Copy of which is hereby made a part of the proceedings. Page 43 (ROADWAYS), PROJECT 2-045 Military Highway shall be MODIFIED TO DELETE the Phase: "includes a flyover ramp from southbound Military Highway to eastbound Indian River Road" Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 18 - Item IV-H.2 b. ORDINANCES/RESOLUTIONS CAPITAL IMPROVEMENT PROGRAM ITEM # 32063 A Motion was made by Councilwoman McClanan, seconded by Counci Iman Baum to allow Sandbridge Sewers (Project No. 2-084) to rema I n in the CAPITAL IMPROVEMENT PROGRAM (FY-1989-90/1993-94). Upon SUBSTITUTE MOTION by Councilwoman Henley, seconded by Councilman Heischober, City Council: DELETED Sandbridge Sewers (Project No. 6-931), frorn CAPITAL IWROVMENT PROGRAM funding. The City Council shall keep the project's place in the CIP for future consideration. Votlng: 8-3 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, Reba S. McClanan and John L. Perry Council Members Absent: None - 19 - Item IV-H.2 c. ORDINANCES/RESOLUTIONS CAPITAL IWROVEMENT PROGRAM ITEM # 32064 Upon motion by Co unc! I man Helschober, seconded by Co unc i l woman Henley, Cl ty Council APPROVED, upon FIRST READING (AS MODIFIED): Ordinance to adopt the FY 1989-90/FY 1993-94 Capital Improvement Program and to appropriate $139,636,771 for the FY 1989-90 Capital Budget subject to f unds being provided f rorn various sources set forth herein. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober*, Barbara M. Henley, Reba S. McC]anan,** John D. Moss,*** Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Councilman Heischober, pursuant to Virginia Conflict of Interest Act Section 2.1-639.14G of the Code of Virginia, VERBALLY ABSTAINED on the Constitution Drive and Salem Road Project as he is the owner of property at 4372 Holland Road, which may be affected by said transactions. (Said letter is hereby made a part of the proceedings.) **Councilwoman McCianan voted a VERBAL NAY on the Constitution Drive Flyover Project. ***Councilman Moss voted a VERBAL NAY on the Courthouse Elementary School (Administration Annex) Project. ****The City Clerk referenced Councilman Moss's letter of March 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) FiAROLD HEISCHOBER 4372 HOL@D ROAD COUNCILMAN-AT-LARGE VIRGINLA BEACH, VIRGINIA ZW52 (804) 499-8500 Noveillb--r 20, 1989 (804) 464-4910 c.3- Riith Hodges Smith, City Clerk C,i'tY Clerk's Office Municipal center Virgi.nia Beach, Virginia @43456 Re: Di.sclosure Pursuant to 5 2.1-639.14(G) of the Code of Virginia Dear Mrs. Smith: Pi.irsuant to the Virginia Conflict of Interest Act, g 2.1- 639.14(G) of the Code of Virginia, I make the following declaration: 1. The transactions for which I am executing this written disclosure are the Constitution Drive project in the 1989 Capital Iiiiprovement Program and the Ordinance authorizing 1989 general -Dbligation bonds; the Salem Road project in the 1989 Capital linprovement Program and the ordinancc authorizing 1989 special road bonds. 2. The nature of my personal interest is that I am the owner of property located at 4372 Holland Road, which may be affected by Lhe transactions listed above. 3. I am a member of a group of property owners on Holland Road as well as a member of the general public, which groups are affected by the transactions. 4. T am able to participate in the above-referenced transactions fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this (leclaration in the official records of the City Council. I have ,-ilso ericlosed an opinion letter from Leslie L. Lilley, City httorney, which addresses these same matters. Thank you for your assistance and cooperation in this matter. @H Cit@ OFFICE OF THE CITY MANAGER MUNTCIPAL CENTER (@) 127 1212 VIRGINIA BEAC., VIRGINIA 2U5&9wt FAX (W@) .27 1135 November 20, 1989 TO: The Honorable Mayor Members of Council FROM: Aubrey V.Watts,(/@ City Manager SUBJECT: CIP - Council Direction to Staff This memo will recap staff's understanding of directives received to date on CIP-related items. These items relate to matters of project or program implementation raised by Council during the workshops and do not impact resource allocations in the current CIP cycle. No council votes are needed or requested. 1. Military Highway Project - Staff will work with the ttate to delete the "flyover." The project will be constructed without any elevated components. 2. Centerville Turnpike Project - A berm will be included in the design and construction of the first phase. 3. Bikeway Program - Staff will proceed with an aggressive update of the bikeway plan and will work to promptly finalize neighborhood, Virginia Power and other issues. 4. West Neck Bridge Project - This project will include parking and canoe launching facilities. 5. Staff will continue to follow up on the Green Run Open space development project and will provide a report prior to action being taken. By copy, I am directing the responsible agency to insure compliance with the above. JOHN D. MOSS 4021 GLEN ROAD COUNCILMAN VIRGINIA BEACH, VIRGINIA 23452 KEMPSVILLE BOROUGH (804) 498-0318 March 30, 1988 Mrs. Ruth Hodges Smith, CMC City Clerk Municipal Center Virginia Beach, VA 23456 Re: School Board Budget Dear Mrs. Smith: Pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., I make the following declaration: 1. As a member of the City Council of the City of Virginia Beach, I have a duty and responsibility to the citizens of Virginia Beach to review, make recommendations and approve or deny the School Board budget, and I intend to carry out said duties as fairly and faithfully as I can; and 2. Pursuant to the State Conflict of Interests Act prior to taking any action on the School Board budget, I am disclosing that my wife is a teacher in the Virginia Beach school system; and 3. My wife, as a teacher in a profession, occupation and group along with several hundred other teachers, could possibly be affected by City Council's vote on the School Board budget; and 4. I am able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest even though my wife@ is one of many teachers within the school system. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. y truly yours, ncilmember JDM/CJS/awj cc: Paul A. Sciortino, Commonwealth Attorney Item #1 1 AN ORDINANCE TO ADOPT THE 2 FY 1989-90/FY 1993-94 CAPITAL 3 IMPROVEMENT PROGRAM AND TO APPROPRIATE 4 $139,636,771 FOR THE FY 1989-90 5 CAPITAL BUDGET SUBJECT TO FUNDS BEING 6 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN 7 WHEREAS, the City Manager, on September 11, 1989, presented to City Council the 8 Capital Improvement Program for fisr-al years iggo-94, 9 WHEREAS, City Council held public hearings on the program to provide for public 10 comment, 11 WHEREAS, based on public comment, City Council has determined the need for the 12 projects in the Capftal Improvement Program, 13 WHEREAS, it is necessary to appropriate funds for the projects underway or beginning in 14 the 1989-90 fiscal year as set forth in said Capital Improvement Program. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 Section 1: That the program for the construction of, or addition to capftal facilities 18 identified for fiscal year 1989-90 through 1993-94 is hereby adopted and that projects listed herein are 19 approved as capital proiects. 20 Section 2: That the projects shall be financed from funds to be appropriated periodically 21 by City Council, and until funds are so provided, the projects are for planning purposed only and may be 22 deleted, altered, or rescheduled In any manner at any time by City Council. 23 Section 3: That funds in the amounts aggregating $139,636,771 for capital projects 24 underway or beginning in the 1989-90 fiscal year as set forth in said Capital Improvement Program are 25 hereby appropriated, subject to the conditions set forth, as follows: 26 PPROPRIATION 27 SCHOOL PROJECTS: 28 1-003 Kellam High School Modernization $ 2,050,000 29 1-006 Various Schools Site Acquisition 2,000,000 30 1-Ml London Bridge Road Area Elementary School 8,116,000 31 1-020 Landstown Municipal Property Utility Upgrade Design 150,000 32 1-022 West Kempsville Area High School 23,448,000 33 1-026 Elementary School Gymnasium Additions 9,450,000 34 1-970 School Bus Maintenance Facilfty 150,000 35 1-973 Various School Roofing - Phase 11 225,000 36 1-974 Williams Elementary School Renovation 73,000 37 1-977 Elementary Schools Window Replacements 160,000 38 1-978 Career Development Center Sewer Pump Station 39 Renovation 125,000 40 1-982 Farmers' Market/Green Run Area Elementary and 41 Middle School 19,931,000 42 1-991 Bayside High School Modernization 383 00 43 TOTAL SCHOOL PROJECTS 261 00 44 ENGINEERING AND HIGHWAY PROJECTS: 45 Roadway Pro'ects: 46 2-007 Constitution Drive $ 198,889 47 2-036 Roadway Advanced Land Acquisition 250,000 48 2-037 Landstown Road 50,000 49 2-039 Dam Neck Road - Phase 1 15,107,868 50 2-040 West Neck Bridge 135,765 51 2-041 South Plaza Trail Bridge 534,772 52 2-042 Mill Dam Bridge 656,351 53 2-071 Dam Neck Road - Phase 11 107,773 54 2-075 Rosemont Road - Phase IV 1,490,100 55 2-078 Courthouse Loop - Nonh 530,000 56 2-080 Indian River Road - Phase V 173,887 57 2-081 Tidewater Community College Offsite Access 58 Improvements 834,200 59 2-084 Milftary Highway 75,000 60 2-086 South Plaza Trail 33,548 61 2-096 Ferrell Parkway -Phase V 1,000,000 62 2-121 Roadway Impact Reduction Program 200,000 63 2-129 Elbow Road Bridge 100,000 64 2-132 London Bridge Road Extended 120,000 65 2-134 Flanagan's Lane 300,000 66 2-135 Lynnhaven Drive 236,000 67 2-141 Economic Development Investment Program 1,300,000 68 2-M 0Centerville Turnpike - Phase IA 81,000 69 2-816 Traffic Safety Improvements 1,002,000 70 2-820 Princess Anne Road - Phase Ill 1,428,582 71 2-831 Independence Boulevard - Phase Ill 2,433,060 72 2-833 First Colonial Road . Phase Ill 25,000 73 2-837 Various Cost Participation Projects 50,000 74 2-929 Virginia Beach Boulevard - Phase Ill 312,528 75 2-946 Gracetown Area Street Improvements 747,661 76 2-980 Seatack Streets - Phase IIA 946,623 77 2-987 Independence Boulevard - Phase IV 1,722,844 78 Total Roadway Projects 183 451 79 Stormwater Pro'ects: 80 2-017 City Stormwater Management Study $ 100,000 81 2-018 Rudee Inlet Bulkhead 27,089 82 2-020 Various Drainage Improvements 200,000 83 2-110 Southhall Quarter Drainage 246,000 84 2-113 NPDES Stormwater System F5ermit Application 1,150,000 85 2-117 Wolfsnare Ditch Improvements 232,875 86 2-712 Dredging Eastern Branch Lynnhaven River 200,000 87 2-800 Lynnhaven Colony Drainage 30,000 88 2-815 Stumpy Lake Hydraulic Study and 89 Drainage Improvements 134,482 90 2-819 Ocean Park Storm Drainage - Phase 11 229,186 91 2-823 Salem Canal Improvements 2,400,368 92 2-909 Canal #2 - Phase 11 90,000 93 3-933 Landfill #2 - Expansion 300 000 94 Total Stormwater Projects 340 000 95 Bikeway Prolects: 96 2-068 Various Bikeway Improvements 322 337 97 Total Bikeway Projects 322 337 98 Resort Area Proeects: 99 2-049 Resort Streetscape Improvements $ 1,222,060 100 2-051 Resort Parking Improvements 370,000 101 2-054 City Gateway Project 300,000 102 2-067 Resort Streetscape Demonstration Projects 2,297,109 103 Total Resort Area Projects $ 4,189,169 104 TOTAL ENGINEERING AND HIGHWAYS PROJECTS 34 9 7 105 BUILDING PROJECTS: 106 3-002 Marine Science Museum Expansion Design $ 500,000 107 3-304 Princess Anne Library 108,841 108 3-910 Kempsville Public Safety and Library Seivices 109 Expansion 453,540 110 3-944 Fire Station - Liftle Neck 466,168 ill 3-954 Fire Station - Diamond Springs 752,769 112 3-967 Correction Center Addition 1,100,000 113 3-968 Fire Station - General Booth 1,286,103 114 3-973 Percent for Arts Program 63,111 115 3-977 Judicial Center 1,600,000 116 3-980 Farmers' Market Parking Lot Expansion 37,000 117 3-984 Juvenile Detention Facility 459,750 118 3-987 Courthouse School Renovation 150,000 119 3-989 Refuse Collection and Garage Facilfty 1,441,064 120 3-992 Pendleton Child Service Center Relocation 357,282 121 3-993 Dome - Safety Improvements 163,660 122 TOTAL BUILDING PROJECTS 939 288 123 124 4-917 Red Mill Farms Park $ 208,498 125 4-929 Middle Plantation Park 138,075 126 4-936 Recreation Office and Storage Facility at school Sites 245,362 127 4-939 Neighborhood Park Acquisition and Development 250,000 128 4-947 Park Reservation Acquisition and Development 250,000 129 4-948 Scenic Waterways Improvements 200,000 130 4-949 Existing City Property - District/Community Park 131 Development 786,400 132 4-950 Currently Owned But Undeveloped Neighborhood Park 133 Improvement - Backlog Reduction 402,500 134 TOTAL PARKS AND RECREATION PROJECTS 4 135 TOTAL GENERAL IMPROVEMENT PROJECTS 716 080 136 WATER UTILITY PROJECTS: 137 5-001 Virginia Beach Boulevard - Phase Ill $ 165,000 138 5-004 Dam Neck Tank 550,000 139 5-006 Dam Neck Road - Phase 11 120,000 140 5-037 Indian River Road - Phase IV 100,000 141 5-039 Broad Bay Colony - 51% Type 30,000 142 5-043 Baxter Road Connector 10,000 143 5-044 Independence Boulevard - Phase IIA-2 269,000 144 5-045 Independence Boulevard - Phase Ill 151,000 145 5-049 Woodland - 51% Type 477,000 146 5-050 Reon - 51% Type 300,000 147 5-051 Robbins Corner (2) - 51% Type 170,000 148 5-052 Little Haven - 51% Type 345,000 149 @53 Witchduck Point - 51% Type 535,000 150 5-054 Alfriends Trail - 51% Type 95,000 151 5-055 Garnet Point - 51% Type 50,000 152 5-056 Thoroughgood - 51% Type 175,000 153 5-057 Lynndale Estates - 51% Type 150,000 154 5-058 Green Hill Farms - 51% Type 65,000 155 5-059 Witchduck Road - 51% Tvpe 60,000 156 5-060 Holland Road/Courthouse Forest - 51% Type 230,000 157 5-061 Northampton Boulevard - Phase 1 32,000 158 5-062 Ferrell Parkway - Phase V 8,000 159 5-063 Birdneck Pump Station 60,000 160 5-065 Nimmo Pump Station 200,000 161 5-304 Small Line Improvements 100,000 162 5-306 Water Request and Agreement Projects 249,691 163 5-820 Plaza Park Tank 100,000 164 5-832 Comprehensive Water Study 100,000 165 5-833 Various Highway Projects 210,000 166 5-835 Lynnhaven Pump Station Modifications 185,000 167 5-921 London Bridge Road - Phase 1 256,000 168 5-962 Burton Station Area 266,500 169 5-966 Atlantic Avenue Improvements 700,000 170 5-967 Cavalier Park/Linkhorn Point 190,000 171 5-973 First Colonial Road - Phase Ill 172,000 172 WATER UTILITY PROJECTS: (concluded) 173 5-980 Shore Drive Pump Station Modification $ 125,000 174 5-996 Dam Neck Road - Phase 1 1,735,000 175 TOTAL WATER UTILITY PROJECTS $ 8,736,191 176 SEWER UTILITY PROJECTS: 177 6-003 Landstown Road $ 25,000 178 6-004 Landstown Municipal Property 62,000 179 6-005 First Colonial Road - Phase Ill 40,000 180 6-316 Various Sewer Projects 700,000 181 6-605 Pump Station Modifications 400,000 182 6-824 Various Highway Projects 120,000 183 6-922 Burton Station 818,500 184 6-925 Atlantic Avenue Improvements 480,000 185 6-934 Bay Colony 800,000 186 6-935 Broad Bay Colony 1,500,000 187 6-937 Aragona Rehabilitation 500,000 188 6-938 Princess Anne Plaza Rehabilitation 425,000 189 6-939 Comprehensive Sewer Study 600,000 190 6-942 Great Neck Point 800,000 191 6-962 Timbedake Force Main 75,000 192 6-963 Dam Neck Road - Phase 1 120,000 193 6-970 Virginia Beach Boulevard -Phase Ill 15,000 194 6-973 Alfriends Trail 190,000 195 6-978 Indian River Road - Phase IV 22,000 196 6-989 Independence Boulevard -Phase Ill 207,000 197 6-990 Holland Utilfties 130,000 198 6-991 Dam Neck Road - Phase 11 45,000 199 6-996 Robbins Corner 110,000 200 TOTAL SEWER UTILITY PROJECTS $ 8,184,500 201 TOTAL WATER AND SEWER UTILITY PROJECTS $ 16,920,691 202 TOTAL APPROPRIATIONS $ 139,636,771 203 To be funded from the following sources: 204 General Appropriations $ 23,002,979 205 1989 Charter Bonds 29,200,000 206 1989 School Referendum 68.375,000 207 Water and Sewer Fund 7,980,691 208 Revenue Bonds 8,940,000 209 Revenue Sharing 700,000 210 State Contribution 525,000 211 Federal Contribution 488,101 212 Other 425,000 213 TOTAL $ 139,636,771 214 Amounts appropriated above amend any 1989 - 1990 fiscal year allocations previously 215 authorized in the FY 1989-90 Operating Budget adopted by the Cfty Council on May 15, 1989. 216 Section 4. That the Resort Program Capital Project Fund shall be used for the purpose of 217 accounting for the revenues, appropriations, expenditures, and encumbrances associated with the resort 218 area capital improvement program. 219 Section 5. The capital project funds appropriated in prior fiscal years are to be 220 reallocated in accordance with said Capital Improvement Program as follows: 221 ROADWAY PROJECTS: 222 TRANSFER TO: 223 2-006 Baxter Road Widening $ 623,413 224 2-034 Pavilion Drive - South 5,000 225 2-036 Roadways Advanced Land Acquisition 149,000 226 2-065 Indian River Road - Phase IV 737,412 227 2-091 Independence Boulevard - Phase IIA-2 400,000 228 2-098 Princess Anne Road - Seaboard Road Intersection 54,000 229 2-119 Princess Anne Road at Post Office 272,364 230 2-134 Flanagan's Lane 800,000 231 2-135 Lynnhaven Drive 114,000 232 2-412 Virginia Beach Boulevard - Phase 1 70,000 233 2-925 Northampton Boulevard - Phase 1 56,429 234 2-935 Lynnhaven Parkway - Phase V 903,863 235 TOTAL TRANSFERS TO: $ 4,185,481 236 TRANSFER FROM: 237 2-021 Rural Road Improvements $ 800,000 238 2-055 London Bridge Road - Phase IV 201,295 239 2-061 Lynnhaven Parkway - Phase VII 581,803 240 2-063 Ferrell Parkway - Phase IC 1,049,467 241 2-064 Independence Boulevard - Phase IIA 1,068 242 2-070 Northampton Boulevard - Phase 11 12,240 243 2-830 Rudee Inlet Dredging 55,000 244 2-836 Haygood Road 200,000 245 2-901 Holland Road - Phase IV 255,851 246 2-910 General Booth Boulevard - Phase 11 48,575 247 2-933 Lynnhaven Parkway - Phase VI 100,000 248 2-962 Pungo Ferry Road Bridge 17,711 249 2-707 Princess Anne Road - Phase 11 854,229 250 2-025 Master Street and Highway Plan Update 8,005 251 2-977 Pennsylvania Overpass Bridge 237 252 TOTAL TRANSFERS FROM $ 4,185,481 253 STORMWATER PROJECTS: 254 TRANSFER TO: 255 2-712 Dredging Eastern Branch Lynnhaven River $ 200,000 256 TOTAL TRANSFERS TO $ 200,000 257 TRANSFER FROM: 258 2-830 Rudee Inlet Dredging $ 200,000 259 TOTAL TRANSFERS FROM $ 200,000 260 BUILDING PROJECTS: 261 TRANSFER TO: 262 3-968 Fire Station - General Booth $ 24,816 263 3-988 Pungo - Blackwater Library/Police Station 109,658 264 TOTAL TRANSFERS TO $ 134,474 265 TRANSFER FROM: 266 3-945 Fire Station - London Bridge $ 134,474 267 TOTAL TRANSFERS FROM $ 134,474 268 PARKS AND RECREATION PROJECTS: 269 TRANSFER TO: 270 4-913 Great Neck Park Development - Phase 1 $ 127,745 271 TOTAL TRANSFERS TO $ 127,745 272 TRANSFER FROM: 273 4-932 Munden Point Bulkheading $ 45,822 274 4-946 Rosemont Forest Area Park Site 30,000 275 4-927 Kempsville Recreation Center Air Conditioning 51,923 276 TOTAL TRANSFERS FROM $ 127,745 277 WATER AND SEWER UTILITY PROJECTS: 278 TRANSFER TO: 279 5-041 Bells Road - Birdneck Road $ 1,125,000 280 5-061 Northampton Boulevard - Phase 1 84,000 281 5-836 Landstown Yard Improvements 50,000 282 5-939 Kempsville Suction - Phase 11 50.000 283 6-316 Various Sewer Projects 514,771 284 6-605 Pump Station Modifications 100,000 285 6-824 Various Highway Projects 98,000 286 6-928 Cavalier/North Linkhorn Park 1,235,000 287 TOTAL TRANSFERS TO $ 3,256,771 288 TRANSFER FROM: 289 @13 Larkspur - 51% Type $ 250,000 290 5-021 Lakeview Park - 51% Type 218,000 291 5-022 Great Neck Point - 51% Type 70,000 292 5-025 Alanton - 51% Type 475,000 293 6-932 Lakeview Park 550,000 294 6-943 Linkhorn Point 245,000 295 6-964 Baxter Road 220,000 296 5-008 Trantwood Shores - 51% Type 65,111 297 5-009 Woolfsnare Plantation - 51% Type 140,000 298 5-010 Great Neck Estates - 51% Type 100,000 299 5-023 Lakeside Drive/Poplar Point - 51% Type 53,000 300 5-026 Bellamy Manor - 51% Type 100,000 301 5-033 Weaverville - 51% Type 45,000 302 5-617 Queen City Area 5.000 303 5-963 Reedtown Area 12,000 304 5-978 Indian Lakes Boulevard 25,000 305 6-923 Reedtown 90,000 306 6-929 Elizabeth River Shores 60,000 307 6-952 Lakeside Drive/Poplar Point Road 10,000 308 6-969 Old Dam Neck Road/DaVinci Sewer 18,000 309 6-974 Hawkins Lane - 51% Type 26,000 310 5-992 Holly Road/48th Street Main 65,000 311 5-957 Diamond Springs Road Main 2,412 312 6-965 Princess Anne Road-4900 Block 14,476 313 5-007 Kempsville Colony - 51% Type 60,147 314 @12 Woodhurst - 51% Type 47,812 315 5-712 Sandbridge Road Main 74,667 316 5-981 Bayside/Diamond Springs Road 30,367 317 6-808 Gatewood Park 146,244 318 6-977 Haygood Road 38,535 319 TOTAL TRANSFERS FROM $ 3,256,771 320 Section 6. That the lease-purchase financing for the London Bridge Fire Station and the 321 Stumpy Lake Fire Station projects be replaced with financing from fund balance in the following amounts: 322 3-945 Fire Station - London Bridge $ 1,229,098 323 3-912 Fire Station - Stumpy Lake 690,213 324 Total $ 1,919,311 325 Section 7. That the lease-purchase financing for the Judicial Center project be reduced 326 by $753,679 to reflect the financing plan previously approved by Council. 327 Section 8. That the Resort Program projects be reduced in the following amounts to 328 reflect a reduction in estimated revenues for FY 1988-89: 329 2-048 Boardwalk Revitalization $ (320,000) 330 2-049 Reson Streetscape Improvements (21,263) 331 2-051 Resort Parking Improvements (100,000) 332 2-056 Museum Park/Nature Area (50,000) 333 2-057 Ocean Walk (20,000) 334 2-066 Oceanfront Connector Park (300,000) 335 Total $ (811,263) 336 Se,ction 9. That additional appropriations and the addition of capital projects shall not be 337 initiated except with the consent and approval of the City Council first being obtained. 338 Section 10. That the restriction wfth respect to the expenditure of funds appropriated 339 shall apply only to the totals of each project class. 340 All contracts awarded for approved and appropriated capital projects, exclusive of school 341 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of 342 work on the contract. 343 Section 1 1. That this ordinance shall be in effect from and after the date of its adoption. 344 Section 12. That if any part or parts, section or sections, sentences, clauses, phrases of 345 this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect 346 the validity of the remaining portions of this ordinance. 347 Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of 348 1 989. 349 Approved: 350 351 Mayor, City of Virginia Beach, Virginia 352 First Reading: November 20, 1989 353 Second Reading: - 20 - Item IV-H.2 d. ORDINANCES/RESOLUTIONS CAPITAL IMPROVEMENT PROGRAM ITEM # 32065 Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council ADOPTED: Resolution in connection with the authorization of the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $8,000,000 for 1989 for Road, Highway and Bridge purposes. (Item 2) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Item #2 1 A RESOLUTION IN CONNECTION WITH THE AUTHORIZATION 2 OF THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF 4 $8,000,000 FOR 1989 FOR ROAD, HIGHWAY AND BRIDGE PURPOSES 5 WHEREAS, the City Council of the City of Virginia 6 Beach, Virginia (the council), adopted an the date hereof an 7 ordinance entitled "An Ordinance Authorizing the Issuance of 8 General obligation Bonds of the City of Virginia Beach, Virginia, 9 in the Maximum Amount of $8,000,000 for Road, Highway and Bridge 10 Purposes" (the "Ordinance"); and 11 WHEREAS, the Council desires to set forth its intention 12 that none of such bonds shall be issued pursuant to tle ordinance 13 until the Council has increased real estate taxes or other 14 revenue to support the debt service on such bonds and until a 15 Transfer of Development Rights Plan and such other mechanisms for 16 growth management for that portion of the City below the Green 17 Line has been developed and approved by City Council; 18 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF 19 THE CITY OF VIRGINIA BEACH, VIRGINIA: 20 That it is the intention of the Council that none of 21 the bonds authorized by the ordinance shall be issued unti.1 the 22 Council has adopted an increase in the rate c,)f the real prc,,perty 23 tax or other revenue which would generate r(@venues in an i3mount 24 not less than the average annual debt. servit:7e on tl'le bonds, and 25 that the Bonds authorized pursuant to the ordinance shall not be 26 issued until such time as the Council has de!velope(fi and al?proved 27 a Transfer of Development Rights Plan and siich otlier mecianisms; ;h 28 for growth management for that portion of the City be.-low the 29 Green line. 30 ADOPTED by the Council of the City of Virginia Beach, 31 Virginia, on this 20th day of November 1989. 32 LLL/clb 33 11/16/89 34 CA-3543 35 8MILLION.RES - 21 - Item IV-H.2 e. ORDINANCES/RESOLUTIONS CAPITAL IMPROVEMENT PROGRAM ITEM # 32066 Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council APPROVED upon FIRST READING Ordinance authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $8,000,000 for Road, Highway and Bridge purposes. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Item #3 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 GENERAL OBLIGATION BONDS OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM 4 AMOUNT OF $8,000,000 FOR ROAD, HIGHWAY, 5 AND BRIDGE PURPOSES 6 WHEREAS, the City of Virginia Beach, Virginia, may issue up to $s,ooo,ooo of general 7 obligation bonds in any calendar year for road, highway, or bridge purposes without submitting the 8 question of their Issuance to the qualitied voters provided that the City has met the requirements of 9 Section 6.05:2 of the City Charter; 10 WHEREAS, the City desires to authorize the issuance of general obligation public 11 Information bonds for road, highway, and bridge purposes in the maximum amount of $8,000,000 without 12 submitting the question of their issuance to the qualified voters; 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 1. It Is hereby determined to be necessary and expedient for the City to undertake a 16 program of road, highway, and bridge improvements, all of which will promote the public welfare of the 17 City and fts inhabitants and will facilitate the ordedy growth, development, and general welfare of the City, 18 and to finance the costs thereof through the borrowing of $8,000,000 and issuing the City's general 19 obligation bonds therefor. 20 2. Pursuant to the City Charter, Including Section 6.05:2, and the Public Finance Act, 21 there are hereby authorized to be issued general obligation bonds of the City in the maximum amount of 22 $8,000,000 to provide funds, together with other funds that may be available, to undertake a program of 23 road, highway, and bridge improvements. The bonds may be issued as a separate issue or combined 24 with bonds authorized for other purposes and sold as a part of a combined issue of public improvement 25 bonds. 26 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 27 40 years from their dates, bear interest at such rate or rates not to exceed the maximum rate authorized 28 by law at the time the bonds are sold, be in such denominations and form, be executed in such manner 29 and be sold at such time or times and in such manner as the Council may hereafter provide by 30 appropriate resolution or resolutions. 31 4. That the bonds shall be general obligations of the Cfty for the payment of principal 32 and interest on which Its full faith and credft shall be irrevocably pledged. 33 5. This ordinance shall be in full force and effect from fts passage. 34 Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of 35 , 1989. 36 Approved: 37 38 Mayor, City of Virginia Beach, Virginia 39 Flrst Reading: November 20, 1989 40 Second Reading: - 22 - Item Iv-H.2 f. ORDINANCES/RESOLUTIONS CAPITAL IMPROVEMENT PROGRAM ITEM # 32067 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED upon FIRST READING: Ordinance authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $29,200,000 for various Public Facilities and General Improvements. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober*, Barbara M. Henley, Reba S. McClanan,"ll John D. Moss,"I@* Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None "Councilman Heischober, pursuant to Virginia Conflict of Interest Act Section 2.1-639.14C of the Code of Virginia, VERBAI-LY ABSTAINED on the Constitution Drive and Salem Road Project as he is the owner of property at 4372 Holland Road, which may be affected by said transactions. (Said letter is hereby made a part of the proceedings.) *"Councilwoman McClanan voted a VERBAL NAY on the Constitution Drive Flyover Project. "*"Councilman Moss voted a VERBAL NAY on the Courthouse Elementary School (Administration Annex) Project. ll**"The City Clerk referenced Councilman Moss's letter of March 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) November 20, 1989 Item #4 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 GENERAL OBLIGATION BONDS OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM 4 AMOUNT OF $29,200,000 FOR VARIOUS PUBLIC 5 FACILITIES AND GENERAL IMPROVEMENTS 6 WHEREAS, the Cfty desires to authorize the Issuance of general obligation public 7 improvement bonds for various purposes in the maximum amount of $29,200,000 without submitting 8 the questions of their Issuance to the qualified voters: 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 1. It is hereby determined to be necessary and expedient for the City of Virginia 1 1 Beach, Virginia (the City), to construct and improve various public facilities and general improvements, 12 all of which will promote the public welfare of the City and its inhabitants and will facilitate the orderly 13 growth, development, and general welfare of the City, and to finance the costs thereof through the 14 borrowing of $29,200,000 and Issuing the City's general obligation bonds therefor. 15 2. Pursuant to the Cfty Charter and the Public Finance Act, there are hereby 16 authorized to be issued public improvement bonds of the City in the maximum amount of 17 $29,200,000, to provide funds, together with other funds that may be available, for following purposes: 18 School projects, Including planning, design, $ 361,000 19 construction, renovation, expansion, equipping, 20 and furnishing of schools and related facilities. 21 Engineering and highway projects, including site 24,486,962 22 acquisition and improvements, design, planning, 23 construction, improvement, replacement, expansion, 24 and extension of streets, highways, and bridges. 25 Drainage projects, Including dredging the Eastern 3,690,000 26 Branch of the Lynnhaven River and improvements to 27 Salem Canal. 28 Building projects, including design, planning, 453,540 29 construction, Improvements, renovation, expansion, 30 equipping, and furnishing of the Kempsville Public 31 Safety and Library Services facilities. 32 Parks and Recreation projects, including planning, 208,498 33 improvement, construction, enlargement, and 34 development of new parks 35 TOTAL $ 29,200,000 36 Any amount not needed for any of such purposes may be used for any other of such 37 purposes. The bonds may be issued as a separate issue or combined with bonds authorized for 38 other purposes and sold as pan of a combined issue of public improvement bonds. 39 3. The bonds shall bear such date or dates, mature at such time or times not 40 exceeding 40 years from their dates, bear interest at such rate or rates not to exceed the maximum 41 rate authorized by law at the time the bonds are sold, be in such denominations and form, be 42 executed in such manner and be sold at such time or times and In such manner as the Council may 43 hereafter provide by appropriate resolution or resolutions. 44 4. The bonds shall be general obligations of the City for the payment of principal of 45 and interest on whlch fts full fafth and credit shall be Irrevocably pledged. 46 5. This ordinance shall be in full force and effect from its passage. 47 Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of 48 1989. 49 Approved: 50 51 Mayor, City of Virginia Beach, Virginia 52 First Reading: November 20, 1989 53 Second Reading: CITY OF VIRGINIA BEACH, VIRGINIA SUMMARY OF PROJECTS FUNDED BY 1989 GENERAL OBLIGATION BONDS SCHOOL PROJECTS: 1-02o Landstown Municipal Propeny Utilfty Upgrade Design $ 138,000 1-970 School Bus Maintenance Facility 150,000 1-974 Williams Elementary School Renovation 73,000 Total School Projects $ 361,000 ROADWAY PROJECTS: 2-007 Constitution Drive $ 198.889 2-036 Roadway Advanced Land Acquisition 85,000 2-039 Dam Neck Road - Phase 1 15,107,868 2-040 West Neck Bridge 135.765 2-041 South Plaza Trail Bridge 534,772 2-042 Mill Dam Bridge 656.351 2-075 Rosemont Road - Phase IV 1,490,100 2-080 Indian River Road - Phase V 173,887 2-096 Ferrell Parkway - Phase V 440,000 2-129 Elbow Road Bridge 100,000 2-132 London Bridge Road Extended 120,000 2-135 Lynnhaven Drive 236,000 2-810 Centerville Turnpike - Phase IA 81,000 2-820 Princess Anne Road - Phase Ill 1.368,582 2-831 Independence Boulevard - Phase Ill 1,698,376 2-833 First Colonial Road - Phase Ill 25,000 2-929 Virginia Beach Boulevard - Phase Ill 312,528 2-987 Independence Boulevard - Phase IV 1,722,844 Total Roadway Projects $ 24,486,962 STORMWATER PROJECTS: 2-017 City Stormwater Management Study $ 100,000 2-018 Rudee Inlet Bulkhead 27,089 2-110 Southall Quarter Drainage 246,000 2-117 Wolfsnare Ditch Improvements 232,875 2-712 Dredging Eastern Branch Lynnhaven River 200.000 2-800 Lynnhaven Colony Drainage 30,000 2-815 Stumpy Lake Hydraulic Study and Dralnage Improvements 134,482 2-819 Ocean Park Storm Drainage - Phase 11 229,186 2-823 Salem Canal Improvements 2,400,368 2-909 Canal #2 - Phase 11 90,000 Total Stormwater Projects $ 3,690,000 BUILDING PROJECTS: 3-910 Kempsville Library and Public Safety $ 453,540 Total Building Projects $ 453,540 PARKS AND RECREATION PROJECTS: 4-917 Red Mill Farms Park $ 208,498 Total Parks and Recreation Projects $ 208,498 TOTAL 1989 GENERAL OBLIGATION BONDS 29,200,000 - 23 - Item IV-H.2 ORDINANCES/RESOLUTIONS CAPITAL IMPROVEMENT PROGRAM ITEM # 32068 Upon motion by Go unc i I man He! schober, seconded by Co unc! I wornan Hen l ey, CIty Council APPROVED upon FIRST READING: Ordinance authorizing the Issuance of Water and Sewer Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $8,940,000. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Item #5 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 WATER AND SEWER SYSTEM REVENUE BONDS OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, IN THE 4 MAXIMUM AMOUNT OF $8,940,000 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 1. It is hereby determined to be necessary and expedient for the City of Virginia 7 Beach, Virginia (the City), to continue it program of Improving and extending ks water and sewer 8 system (the System) which will promote the public welfare of the City and its inhabitants and will 9 facilitate the ordedy growth, development, and general welfare of the City, and to finance the costs 10 thereof through the borrowing of $8,940.000 and issuing the City's revenue bonds therefor. 1 1 2. Pursuant to the City Charter and the Public Finance Act, there are hereby 12 authorized to be Issued water and sewer system revenue bonds of the City In the maximum amount 13 of $8,940,00 to provide funds, together with other available funds, for financing the costs of improve- 14 ments to the system. 15 3. The bonds shall bear such date or dates, mature at such time or times not 16 exceeding 40 years from their dates, bear interest at such rate or rates not to exceed 15% per year, 17 be in such denominations and form, be executed in such manner and be sold at such time or times 18 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 19 4. The system is an uridertaking from which the City may derive a revenue. The 20 bonds shall be limited obligations of the City, payable as to principal, premium, if any, and interest 21 solely from the revenues derived by the City from the System, and shall not be included within the 22 otherwise authorized Indebtedness of the City. The bonds shall not be deemed to create or 23 constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or 24 of any county, city, town, or other political subdivision of the Commonwealth, including the City, and 25 shall so state on their face. The issuance of the bonds and the undertaking of the covenants, 26 conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered 27 into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any 28 other political subdivision of the Commonwealth to levy and collect any taxes whatsoever or make 29 any appropriation therefor, except from the revenues pledged to the payment of the principal of and 30 premium, if any, and interest on the bonds. 31 5. Such resolutions to be adopted and agreements to be entered into hereafter 32 authorizing the issuance of the bonds and providing the details thereof shall contain appropriate 33 covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use 34 of and the services furnished by the System and to revise the same from time to time and as often 35 as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if 36 any, and interest on the bonds as the same become due and to provide a margin of safety therefor. 37 Such resolutions and agreements shall also include such additional covenants, agreements, and other 38 terms as are customary for the protection of the holders of water and sewer revenue obligations. 39 6. This ordinance shall be In full force and effect from Its passage. 40 Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of 41 , 1989. 42 Approved: 43 44 Mayor, City of Virginia Beach, Virginia 45 First Reading: November 20, 19 9 46 Second Reading: CtTY OF VIRGINIA BEACH, VIRGINIA SUMMARY OF PROJECTS FUNDED BY ig8g WATER AND SEWER REVENUE BONDS WATER PROJECTS: 5-001 Virginia Beach Boulevard - Phase Ill 165,000 5-004 Dam Neck Tank 550,000 @06 Dam Neck Road - Phase 11 120,000 5-037 Indian River Road - Phase IV 100,000 5-039 Broad Bay Colony - 51 % Type 30,000 5-043 Baxter Road Connector 10,000 5-044 Independence Boulevard - Phase IIA-2 269,000 5-045 Independence Boulevard - Phase Ill 151,000 5-049 Woodland - 51 % Type 477,000 5-050 Reon- 51% Type 300,000 5-051 Robbins Corner - 51% Type 170,000 5-052 Uinle Haven - 51% Type 345,000 5-053 Witchduck Point - 51% Type 535,000 5-054 Alfriends Trail - 51% Type 95,000 5-055 Garnet Point - 51% Type 50,000 5-056 Thoroughgood - 51% Type 175,000 5-057 Lynndale Estates - 51% Type 150,000 5-058 Green Hill Farms @ 51% Type 65,000 5-059 Witchduck Road - 51% Type 60,000 5-060 Holland Road/Courthouse Forest - 51% Type 230,000 5-061 Northampton Boulevard - Phase 1 32,000 5-062 Ferrell Parkway - Phase V 8,000 5-063 Birdneck Pump Station 60,000 5-065 Nimmo Pump Station 200,000 5-306 Water Request and Agreement Projects 182,500 5-833 Various Highway Projects 160,000 5-835 Lynnhaven Pump Station Modification 185.000 5-921 London Bridge Road - Phase 1 256.000 5-962 Burton Station Area 266,500 5-966 Atlantic Avenue Improvements 100.000 5-967 Cavalier Park/North Linkhorn Point 190,000 5-973 First Colonial Road - Phase Ill 172,000 5-980 Shore Drive Pump Station Modifications 125,000 Total Water Projects $ 5,984,000 SEWER PROJECTS: 6-003 Landstown Road $ 25,000 6-004 Landstown Municipal Property 62,000 6-005 First Colonial Road - Phase Ill 40,000 6-316 Various Sewer Projects 60,000 6-824 Various Highway Projects 75,000 6-925 Atlantic Avenue Improvements 480,000 6-934 Bay Colony 800,000 6-937 Aragona Rehabilitation 500,000 6-962 Timberlake Force Main 75,000 6-963 Dam Neck Road - Phase 1 120,000 6-970 Virginia Beach Boulevard -Phase Ill 15,000 6-973 Alfriends Trail 190,000 6-978 Indian River Road - Phase IV 22,000 6-989 Independence Boulevard -Phase Ill 207,000 6-990 Holland Utilities 130,000 6-991 Dam Neck Road - Phase 11 45.000 6-996 Robbins Corner 110,000 Total Sewer Projects $ 2,956,000 TOTAL 1989 WATER AND SEWER SYSTEM REVENUE BONDS $ 8.940.000 - 24 item IV-H.2 h. ORDINANCES/RESOLUTIONS CAPITAL IWROVEMENT PROGRAM ITEM # 32069 Upon motion by Counc II man He l schober, second ed by Co unc i lwornan Hen l ey, Cl ty Council APPROVED upon FIRST READING: ordinance establishing the Tax Levy on Real Estate for Tax Fiscal Year 1991. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Wyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Councilwoman Henley advised as this Tax Levy addresses the Issues for the School Bond and the Judicial Center, the City Council should work as diligently as possible to convince the General Assembly the Judicial Center should be funded with the $6.00 Increase in fillng fees. If same should occur, Councilwoman Henley requested this Tax Levy be reconsidered and the increase rescinded. Item #6 1 AN ORDINANCE ESTABLISHING THE TAX LEVY 2 ON REAL ESTATE FOR TAX FISCAL YEAR 1991 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 Section 1. AMOUNT OF LEVY ON REAL ESTATE. 5 There shall be levied and collected for fiscal year 1991 taxes for general purposes on all 6 real estate, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of 7 m2nety seven and seyen tenths one hundred three and two-tenths cents ($.977) ($1.032) on each one 8 hundred dollars ($100) of assessed valuation thereof. The real property tax rates which have been 9 prescribed In this section shall be applied on the basis of one hundred percentum of the fair market value 10 of such real property except for public service real property which shall be on the basis as provided in 1 1 Section 58.1-2604 of the Code of Virginia, as amended. 12 Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND 13 FACILITIE$- CLASSIFIED AS REAL ESTATE. 14 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, 15 there shall be levied and collected for general purposes for fiscal year 1991, taxes on all real estate 16 certified by the Commonwealth of Virginia as 'Certified Pollution Control Equipment and Facilities" not 17 exempt from taxation, at the rate of n4nety seven and 9 one hundred three and two-tenths 18 cents @ ($1.032) on each one hundred dollars ($100) of assessed valuation thereof. The real property 19 tax rates Imposed in this section shall be applied on the basis of one hundred percentum of fair market 20 value of such real propeny. 21 Section 3. CONSTITUTIONALITY. 22 That ff any park or parts, section or sections, sentences, clause, or phrase of this 23 Ordinance is for any reason declared to be unconstitutional or Invalid, such decision shall not affect the 24 validity of the remaining ponion of this Ordinance. 25 Section 4. EFFECTIVE DATE. 26 This Ordinance shall be effective on the 1st day of July, 1990. 27 Adopted by the Council of the City of Virginia Beach, Virginia on the - day of 28 1989. 29 Approved: 30 31 Mayor, City of Virginia Beach, Virginia 32 First Reading: November 20, 1989 33 Second Reading: - 25 - item IV-F.I. PUBLIC HEARING PLANNING ITEM # 32070 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) EXPRESSWAY BUSINESS PARK CONDITIONAL USE PERMIT (b) EUCLID ASSOCIATES CONDITIONAL USE PERMIT (c) ROY S. AND NELDA R. HODGES CONDITIONAL USE PERMIT (d) LOIZOU, INC. CONDITIONAL USE PERMIT (e) THE ESTATE OF PETER AGELASTO, JR. VARIANCE - 26 - Item IV-I.l.a. PUBLIC HEARING PLANNING ITEM # 32071 The City Clerk referenced letter of October 26, 1989, from Paul L. Turok, Barr Companies, requesting WITHDRAWAL. (Said letter is herby made a part of the record.) Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of EXPRESSWAY BUSINESS PARK for a Conditional Use Permit: ORDTNANCE UPON APPLICATION OF EXPRESSWAY BUSINESS PARK FOR A CONDITIONAL USE PERMIT FOR A RADIO TRANSMISSION STATION Ordinance upon application of Expressway Business Park for a Conditional Use Permit for a radio transmission station on Lot 10A, Expressway Park. The parcel is located at 237 Business Park Drive and contains 1.11 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGfi. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan , John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 2 7 Item IV-1.1.b PUBLIC HEARING PLANNING ITEM # 32072 William Burns, 4908 Cleveland Street, Phone: 497-1703, registered but did not answer the call. Upon motion by Councilman Perry, seconded by Councilnian Baum, City Council ADOPTED an Ordinance upon application of EUCLID ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EUCLID ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A CHURCH R011891263 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Euclid Associates for a Conditional Use Permit for a church in the northwest corner of Cleveland Street and Opal Avenue. The parcel is located at 4978 Cleveland Street and contains 1.26 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH The following conditions shall be required: 1. Approval is for a period of one year. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth of November, Nineteen Hundred and Eighty-nine. A letter will be forwarded from the Planning Department notifying applicant of approval and condition. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan , John D. Moss, @layor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry" and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 28 - Item IV-I.I.c PUBLIC HEARING PLANNING TTEM # 32073 Attorney Grover Wright represented the applicant Upon motion by Councilwoman lienley, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of ROY S. AND NELDA R. HODGES for a Conditional Use Permit: ORDTNANCE UPON APPLTCATTON OF ROY S. AND NELDA R. HODGES FOR A CONDTTTONAL USE PERMTT FOR A SINGLE FAMILY DWELLTNG IN THE AC-1 AGRICULTURAL DISTRICT R011891264 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Roy S. & Nelda R. Hodges for a Conditional Use Permit for a single fanily dwelling in the AG-1 Agricultural District on the south side of Princess Anne Road, 2587.1 feet east of Landing Road. Said parcel is located at 329 Princess Anne Road and contains 7.517 acres. More detailed information is available in the Department of Planning. PUNGO BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth of November, Nineteen Hundred and Eighty-nine. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Harold lieischober, Barbara M. Henley, Reba S. McClanan,, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I - 29 - Item IV-I.I.d PUBLIC HEARING PLANNING ITE@L # 32074 Attorney R. Edward Bourdon, Pembroke One Building, Fifth Floor, Phone: 499- 8971, represented the applicant and requested WITHDRAWAL. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council DENIED an Ordinance upon application of LOIZOU, INC., a Virginia Corporation for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LOIZOU, INC., A VIRIGNIA CORPORATION FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE RETAIL SALES AND SERVICE Ordinance upon application of Loizou, Inc., a Virginia Corporation for a Conditional Use Permit for automobile retail sales and service at the southeast corner of Baker Road and Hampshire Lane. The parcel is located at 640 Baker Road and contains 30,535.56 square feet. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: William D. Sessoms, Jr. Council Members Absent: None - 30 - Item IV-I.I.e PUBLIC HEARING PLANNING ITEM # 32075 The City Clerk referenced letter from Attorney Michael H. Nuckols, KAUFMAN & CANOLES, dated November 17, 1989, requesting deferral of thirty days to provide time for meaningful discussion with the neighbors and with City Staff with respect to the Alanton water project proposed for McCullough Lane and the status of McCullough Lane. Upon motion by Councilman Balko, seconded by Councilman Baum, City Council DEFERRED until the City Council Meeting of January 8, 1990, an Ordinance upon application of THE ESTATE OF PETER AGELASTO, JR. for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for The Estate of Peter Agelasto, Jr.. Property is located at the southern extremity of McCullough Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 31 - Item IV-J. CONSENT AGENDA ITEM # 32076 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION Items 1, 2, 4, 5 and 6 of the CONSENT AGENDA. Item TV-J.3 was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay; None Council Members Absent: None - 32 - Item IV-J.1 CONSENT AGENDA ITEM # 32077 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute Cost Participation Agreement with London Bridge Industrial Park II for construction of certain sewer facilities. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AS TO RDINANCE TO AUTHORIZE AND DIRECT CITY MANAGER TO EXECUTE COST ICIPATION AGREEMENT WHEREAS, London Bridge Industrial Park II is developing certain property in the Lynnhaven and Princess Anne Boroughs in accordance with the terms and conditions of city ordinances, and WHEREAS, in order for the developer to provide sewer service to this project, it is necessary for the developer to construct certain sewer facilities, and WHEREAS, the city has requested that the developer oversize the sewage pumping station and deepen a portion of sewer system in order to extend sewer service to the surrounding area, and WHEREAS, such construction is beyond the scope of the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, the city desires to enter into a cost participation agreement with the city's share of the costs at $84,660 with such costs to be charged to capital project 6-316 Various Sewer Projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with London Bridge Industrial Park II for construction of certain sewer facilities. Said proposed agreement is hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 20 day of November I 19 89 - 33 - Item IV-J.2 CONSENT AGENDA ITFII # 32078 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to TRANSFER funds in the amount of $50,000 from the General Fund Reserve for Contingencies to the Tax Relief Program for the Elderly and Handicapped. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $50,000 2 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 THE TAX RELIEF PROGRAM FOR THE ELDERLY AND HANDICAPPED 4 5 6 WHEREAS, in July 1989, the City Council enacted amendments to Sections 35- 7 64, 35-67, and 35-68 of the Code of the City of Virginia Beach to provide tax 8 relief for more elderly citizens in need of such releif, 9 10 WHEREAS, the original appropriation in the Approved FY 89-90 Operating 11 Budget for this purpose was $430,037, 12 13 WHEREAS, the increase in the number of qualified applicants has resulted 14 in approved applications as of November 15, 1989 totalling $475,855, with 15 several approvals pending, creating an estimated total funding need of $480,037, 16 17 WHEREAS, the necessary additional $50,000 in funding to fulfill payments 18 to all qualified applicants is available in the General Fund Reserve for 19 Contingencies, 20 21 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA, that funds in the amount of $50,000 be transferred from the FY 89-90 23 General Fund Reserve for Contingencies to the Non-Departmental account for Tax 24 Relief. 25 26 This ordinance shall be effective from the date of its adoption. 2 7 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 20th 29 day of November, 1989. 30 31 @,PP'e',OVED AS TO - 34 - Item IV-J.3 CONSENT AGENDA ITEM # 32079 Flora Haynie, 210 - 59th Street, Phone: 428-0971 Mary Kay Horoszewski, 1049 Yardley Landing, Phone: 474-9225 Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City Council ADOPTED: Ordinance to TRANSFER $23,800 from Community Development Contingencies to fund a contract; and, authorize the City imanager to execute an agreement with the Virginia Beach Community Development Corporation for a Transitional Housing Program. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John L. Perry Council Members Absent: None November 20 1989 Requested by: The DeDartment of Housing and Neighborhood Preservation AN ORDINANCE TO TRANSFER $23,800 FROM COMMUNITY DEVELOPMENT CONTINGENCIES TO FUND A CONTRACT WITH AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION FOR A TRANSITIONAL HOUSING PROGRAM WHEREAS, the Virginia Beach Community Development CorDoration (VBCDC) is a non-Drofit corporation established by the City for the purdose of furthering low-income housing ouDortunities in Virginia Beach, WHEREAS, the U.S. Denartment of Housing and Urban Develonment has awarded a grant of $398,398.00 to the VBCDC for a Transitional Housing Program, and WHEREAS, the budget of such orogram requires a contribution of $23,800 in CDBG funds, and WHEREAS, such use of CDBG funds is consistent with Federal regulations governing those funds, and WHEREAS, the Transitional Housing Program is consistent with the City's ComDrehensive Homeless Assistance Plan and furthers the housing objectives of the City's Human Services Strategic Plan; NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That CDBG funds in the amount of Twenty-Three Thousand Eight Hundred Dollars ($23,800) be orovided to the VBCDC for the nurnose of carrying out a Transitional Housing Program, AND FURTHER, that the City Manager be authorized to execute a contract with the VBCDC for such purpose Adooted by Council of the City of Virginia Beach on the 20 day of November 1989. APPROVED AS TO CONTENT: APPROVED AS TO FORM: Mar ustick, cfor City Att- y DeDartgent of Housing and Ne-ighborhood Preservation CONTRACT TO PROVIDE TRANSITIONAL HOUSING THIS AGREEMENT, entered into as of this- __ day of lg_ by and between the CITY OF VIRGINIA BEACH (hereinafter called CITY) and the VIRGINIA BEACH CC)MMTJNITY DEVELOPMENT CORPORATION (hereinafter called VBCDC)- WHEREAS, the CITY has received funds frorri the U.S. Departinent of Housing and tjrban Developraent@l-inder the COMTnUrlity Development Act of 1980 (P.L. 96-96); and WHEREAS, the CITY has endorsed the efforts of the non-profit corporation as is specified under Section 501 (C) (3) of the Internal Revenue Code (or the corresponding provisions of any future United States Internal Revenue Law) to assist the residents of Virginia Beach in the utilization of all available resc)i,irces tC, Tflp-@-t their rieed-@; and WHEREAS, the CITY desires to engage the VBCDC to a-.si-.t in providing for a transitional housing program for Section 8 low/moderate iricorne families; and AGREEMENT - 2 of 11 WHEREAS, the VBCDC has the organization and facilitie- to carry 01-it said services jr, accordance with the purpose of this IAGREEMENT and has received a grplrit in the amount of Three Hurldred Ninety-Eight Thousand Three Hundred Ninety-Eight Dollars ($398,398.00) from the U.S.Department of Housing and Urban Development (HUD) for Transitional Housing. NOW, THEREFORE, IT Is MUTUALLY AGREED AS FOLLOWS: 1. TEM A. This AGREEMENT, shall be for the perio..d comtnencing on. the date this AGREEMENT is executed and r--nding iip(irl the completion of activiti-es or exhF-iustior, of f'-irids PLB described in the Transitional Ho,Asing Proposal (EXHIBIT A). 2. The CITY and VBCDC hereby agree to the following conditions, processes, and rights pertaining to tertaination of thi5 AGREEMENT: A. FOR CAUSE: The CITY retains the right to tertflinate this AGREEMENT for cause as deterTOined through standard contract administration principles and as provided by law. B. FUNDING DISRUPTION: If the CITY's CoTnmunity Develoy-,rrient Block Grarit funds are terminated, restricted, or otherwise curtailed by HUD or by the Council of the City of Virginia Beach in any manner, this AGREEMENT will terminate autornatically on the date of such action. AGREEMENT - Page 3 of 11 C. NON-CCiMPLIA@TCE: If the VBCDC fails tO COT(lPlY with the rules and regulations referenced throiaghout this AGREEMENT, the CITY reserves the right to terrninate this AGREEMENT after a reasonable atte-Irript to secure cornpliance- D. NOTIFICATION: If this AGREEMENT is tertninated, the CITY shall irrjiriediately notify VBCDC in writing. Such notice will incliade- the Pffe(-,tive date, the tirrir--, the reason(s) for the action, and the identity of a contact person with whotn to close out any pending matters. E. SETTLEMENT COMPENSATION: The CITY shall COTnPr--nsate VBCDC only for services rendered up to the date and time of the tertriination and accepterl by the CITY as satisfactory. Such cornpensation shall be paid when all peridirig iriratters, from thc-- AGREEMENT are closed olit. Any r--qi-iipinr--nt costing more than One thousand Dollars ($1,000.00) shall be iised solely for carryirig out the provisioris in this AGREEMENT for cause, all such equipment shall becorae the property of the CITY and all funds appropriated by CITY to the VBCDC are to be returned to the CITY. AGREEMENT - Page 4 of 11 3. A. VBCDC shall use all funds provided pursuant to this AGREEMENT exclusively for the purpose of itnplerrjr--nting its approved activity, a copy of which is attached Tnarked "EXHIBIT A" and iricorporated by rc--feren@-P-. B. VBCDC shall coraPlY with thr-- regiilations, polici(-'S, guidelines and requirements of 24 CFR Part 85 "AdrninistrativF- Requirp-Tflents for Grants and Cooperative Agreernents to State, Local and Federally Recognized Indian Tribal Governrnents" as it relatp-s to the adgiinistration, use and reporting of Federal Funds. C. VBCDC shall adniinister funds in conforrrlity with the applicable Provisions of Volurne 24 Code of Federal Regulations, Part 570, issued by the U.S. Departyrient of HoiAsing and Urban Developrnent. D. Prograrfi Income earned through the administration of the THP, shall be used by the VBCDC to continlie the program operation, and financial records shall docuraent the receipt, deposit, and expenditure of slach funds in accordance with the provisions of 24 CFR Part 86 "Adrainistrative Requirements for Grants and Cooperative Agreernents to State, Local and Federally Recognized Indian Tribal GovernTnerits" as refr--renced abovr--. E. All funds paid by the CITY hereunder must be deposited in a non-interest bearing account. AGREEMENT - Page 5 of 11 F. The VBCDC will establish a revolving fund FLccciiint fc,>r the purpose of depositing all flirids received by the CITY in connection with the HUD/THP and for the deposit of FL11 Prc)grarfi Incorrie re--sulting frrrri thr- adrrjiriistration of this Prograrri. 4. PAYMENT A. The CITY agrees to appropriatr-- Corrirnurtity Developrnent Block Grant funds pi-irsuant tc) Section 15.1-24 of the Code of Virginia to the Virginia Beach Community Developraent Corporation in the atflount !not to exr-,r--ed Twenty-Three Thousand Eight Hundred Dollars ($23,800.00) for fiscal year 1989-90 to be used in the iraplernentation of the HUD Transitional Hou-Iing Program . B. Funds will be released on a reirnbursement basis when doCUTfientation is submitted for paid eligible expenses. C. VBCDC agrees to expend funds in accordance with this AGREEMENT and to transfer any unused THP fiindf; at the end of the program year to it-- THP revolving project fund. D. The Executive Director of the VBCDC shall be ernpowered by the VBCDC to file request for payments pursuant to this AGREEMENT. Said personnel shall certify that to the best of their knowledge such reque--ts are true and acclirate and are in accordance with the TERMS OF THIS AGREEMENT. AGREEMENT - Page 6 of 11 5. A. The CITY OF VIRGINIA BEACH Department of Housirig and Comrriiinity Developinent, hereinafter called "DEPARTMFNT", shall rrionitor the prograrn adequacy of the nori-profit- The non-profit shall cooperate with the CITY in such uionitoring. B. The VBCDC agrees to prepare and submit to the Departrrient of Hoi-Ising and Neighborhocd Preservation and the Offi(--e of Bi-idget and Fvall-iation the rr--@tuirr--d Prograrn Statiis, Reports and the Quarterly Financial Reports as established by the CITY procedilres for Tfionitoring grant-in-aids to non-profit corporations. 6. RRCORDS A. The VBCDC shall keep all necessary books, and records, including property, personnel, and financial records, in connection with the operation and services perforrric@-d i-indr--r this AGREEMENT. The VBCDC shall docutrient all transactions so the CITY Departrnent of Housing and Neighborhood Preservation may properly audit all expenditures inade piirsiiant to this AGR.FFME-NT. The VBCDC shall maintain and preserve all records related to this AGREEMENT in its possession for a period of three (3) years from the date of issuance of aiadit reports unless otherwise directed by the CITY. All records shall be rnade availablr-- to the CITY and the (J.S. Del:-artrrjo--nt of Housing and Urbari Dr--veloprrient. AGREEMENT - PAGE 7 of 11 7. No rnerriber, officr--r, or (-,rriployec-- of the@, VBCDC ()r its, designee, or agents, who exercise any functions of responsibility with respect to the prograrri during his/her tenure or for orie (1) year thereafter, shall have any interest, direct or indirect, in arly contract or siabcontract, or the proceeds thereof, for work to be perf orraed in connection with the prograrri P-Stablished under this AGREEMENT. The VBCDC shall corriply with the provisions of 570,611 of Title 24 Code of Federal Regulations and the State and Local Govp-rrirrient Conflict of Interest Act contained in Chapter 40.1 of Title 2.1 of the Code of Virginia shall apply. The MeTnbers of the Virginia Beach Coramunity DevelOpTnent Corpc)r-@tion and the Executive Director shall COTnPlY with the "C)RDINANCE DESIGNATING CEPTAI@L APPOINTEES A@TE) EMPLOYEE.,D TO FILE A DISCLOSURE STATEMENT OF THEIR PERSCINAL INTERESTS AND OTHER INFORMATION SPECIFIED ON THE FORM SET FORTH IN SECTION 2.1-639.15 OF THE CODE OF VIRGINIA" if City Council adopts said ordinance plarstiant to Sectiori 2.1-639.14A of the Code of Virginia. @ (' E- AZ,'aM&@- A. The VBCDC hereby assures and certifies that it will coroply with the regulations, policies, giaidelines, and requirements with respect to the acceptance and iise of AGREEMENT - Page 8 of 11 Federal funds for this federally funded project. Also, the VBCDC gives assurance that and certifies that with re-pect to the grant: a. it possesses legal authority to rflake a grant submission and to provide the services described in the AGREEMENT; b. its governing body has duly authorized the Executive Director of the VBCDC to execiate all docurnents related to the Grant, and to provide such additional inforrnatiori as rriay be required; C. it has developed its prograrfi so -@s to give maxiTnurn priority to activities which benefit low and moderate incorne families, aid in the prevention or elimination of slums or blight, or meet other Corrimunity Developrrient needs having a partici-ilar urgency. d. The Grant will be cc@nducted and adrriiriistered in compliance with: (I.) Title VI of the Civil Rights Act of 1968 (P.L. 88- 3 52 ) (2.) Titlr-- VIII of the Civil Rights Act (.)f 1968 (P.L. 90-284) as atficnded; and that the VBCDC will adrainister all programs related to housing and corrirriunity development iri a Trianripr AGREEMENT - Page 9 of 11 to affirmatively further fair housing, (3.) Section 109 of the Housing and Urban Development Act of 1974, as amended; and the regulations issLied pursuant thereto; @(4.) Section 3 of the Housing and Urban Development Act, of 1968, as amended; (5.) Executive Order 11246, as amended, regarding non- discrimination and affirmative action related to advertising, recruitment, employment and termination; (6.) The regulations contained in 24 CFR Part 85 "Adininistrative Requirements for Grants and Cooperative Agreerrierits to Statc-, Local and Federally Recognized Iridian Tribal Governrfierit-l" as they relate to the acceptance and use of Federal furids; (7.) It will corriply with the lead-base paint requirements of 24 CFR Part 35 issued pursuant to the Lead-Base Paint Poisoning Prevention; (8.) tjniform Relocati(.-)ri A(-,t Arrieridments of 1987 and Title IV of the Siarface Transportation and Relocation Assistance Act of 1987 and Implernenting RegLilations at 24 CFR, Part 570. AGREEMENT - Page 10 of 11 9. ua (I.) The VBCDC shall not eriter into subcontracts for the adtninistration of this prograrri withc-)ut fir.1t obtaining writteri approval of the CITY. (2.) VBCDC is reqllired to take affirrftative steps to a-I.-Illre that small, minority and fetnale owned firia- are utilized when po--sible as a sourc--e of sur@plir---l' equiprnent, constructiori and service-,. All construction work or rehabilitatiori performed urider this AGREEMENT is subject to the City Building Codes @nd TfiUSt pas-, inspectiori by the VBCDC, the City r@f Virginia Beach Departrfient of Hoil-liflg FLnd Neighborhood Preservatiort and the U.S. DepartTrierit of Hoiisirig and [Jrban Developrnerit. (I Q-V-E-RN-.. It is expressly agreed by the parties that this contract is siApplernental to the contract of August 18, 1987, which is raade a part by reference, and all tp-rrri-1, and provisioris of the original contract, unless specifically rriodified, are to apply to this contract and are rriade a part of this- contract as though expressly rewritten, incorporated, and included therein. Provided that with respect to the tirne lirnitations referenced in paragraph ri,Arriber 1 ()f the 1987 contract which strite-- that the VBCDC'-, services F.Lrid prograrris are for the five yc--ar-I (-->f 1.985 thrc)i-lg@i AGREEMENT - Page 11 of 11 1990, s-Rid clause is' alnended and siiperseded to providr.- that with respect to the transitional housing program it triay bF-l iTrIY-Ilemented for five years frOTri the date of this contract in accordance with the tertris and conditic)n-I stated hc--rein. IN WITNES S WHEREAS, the parties hereto have executed this AGREEMENT as of the date and year first written above. VIRGINIA BEACH COMMUNITY CITY OF VIRGINIA BEACH DEVELOPMENT CORPORATION Aubrey V. W Charles M. Reynolds, Jr. City Manager President Appr M,@ry Director Housing -and Neighborhood Preservation App,,,ved t./f@ David Hay City Attorney City of Virginia Beach SUMMARY TRANSITIONAL HOUSING PROGRAM III 1. D@@tLM: Transitional housing is subsidized holising for previously horrieless persori-- who ne-r--d loriger terio siapportive housirig than cari be provided by emergency shelters, but who are capablr-- r)f "transitionirig" into independent living with the provision of subsidized housing and supportive services for a period of tivie (a maxitriurn of 24 Trionths) . 2. AL i d--: Fi-inds are -@v-ailable-, on a npltionally coropetitivr-- basis under the Fi-ippc@rtive HoiiFing Dernonstrati-on PrograTn, adiriinisterc--d by HT@JD. Tlii-. r-,rogram wfts, created as part of the Steward B. McKinney Hornele-s Assi-tance A(--t. The current rcund of funding was arinounce'd in the Fr--der-,Ll Register of January 9, 1989, pp 736-746. $@6- c was available riationally for the category which VBCDC ha-, applied fc,r - Yicrriel@-ss farrlilies with childrr--n. 3. F-lescrip- c r r_Q 11 bi-iy 2 VBCDC wi townhoijF@r-s ayid hol;tsc- two fatriilies in efch. A '@ rr--sidc--nti@l. TriFinAgpr (required by HUD), and staff frorn the YWCA will provide c-,ounseling and siipportive servicr-,-@, to inclllde psycfl-nlcigical Find ernployujent counselirig, as-.istance irt arranging d-'Ly Carr--, i(.,b training, bijdget and firiancial counseling, etc. Iri additiori, the Endependerice Center, CMHS, the DHNP and other City agencies will provide their respective supportive services to these clients as part of their regular operations. e -r-o.-ient @+/-L'2 I p @r- - @ @v-uk@iial r- a@ppr 4. e t-: The VBCDC prograrri is designed for <- c . Potential clients will be rr--ferred frorri thr-- crisis counseling centers and Women in TrFinsition Program, as well as frotfi the SaTnaritari Hoiise shelters. Iri addition, VBCDC mrtintains a waiting list which currently has more than 170 fainilies interested in Transitional Housing. VBCDC staff will screen the clierits for suitability. Those that are accepted will be charged rerit according to their ability to r--ay, using Federal incOTrie-, guidelines. C)nce clients rlrp- accepted into the prcjject, tlic- F@esirjp-ntial rnanager and the counselors irivolved will develop an individiaal. plan for each head of holisehold that defiries what service-- the individual needs in order to rfiake progress toward the goal of independent living. This plari will be updated regularly based on inonthly assessments. The project staff will assist the persor, irl arranging the services needed to rernove blocks to independent living. These may incllide any of the services listed above, or others as appropriate and necessary. 5. @idina: The VBCDC was awarded a S@Q@r HUD Crant in the arriount of $398,398.00, of whi<-,h $73,898 is for acquisition/rehabilitation and $64,900 (per year for 5 years) is for operating costs. A) Acquisition and rehabilitation of the properties: The grant will providr-- iip to 50% of the co-It of acqiairing and rehabilitating the properties. The otlip-r 50 % will come frorn 3 soiir(--e-: iriortg-agc---, CDBC, flind-I ($23,800) and a donation of irispectiori -.ervices. Tw(@ properties will be secured and reylabilitated for a total of $144,471 in acquisition, plias $3,325.00 for rehabilitatiori. The rent to be paid by the occupants will cover the rri,7)rtgage payrrients. B) Operation of the progravi and hoiasing: Operation costs will include the Re--idential Biailding Specialist and cle-rical siipport to providr-- Tnaintenancc-- of the buildings, utilities, insurance, furnishings, taxes, tr--lp_phone, etc. All the-, cost:s@ of "servi(-,r--s" will be provided witholit charge to the prograrn as agreed to by the respective agencies and organizatiorls. lialf of the operations costs will be provided by HUD, with the balance frorn CDBG, rental incorrie, and contriblitio-ris frorri VBCDC, Tidewater Board of PC--altors, the E)epartirlp-nt of Housing and Neighborhood Preservation and the Volunteer Action Ceriter. The budget details the program costs and source of funcls. In kind services are also indicated and wc--re usc-d as a rriatch for the HIJD Grarit. VIRGINIA BEACH C(3(,"ITY @LOPFENT CORPORATION HUD GRANT/ TRANSITIONAL HC)USING PRDGRP4'1 f)NNUAL IN-KIND TI-PI THPIII ITEII BUDGET DONATIorIS R@ITL RNTL HUD @)BCDC l@.TG CD13G ACOtJISITIDIII $144,470 72,2-,5 72,235 REHABILITATION .3,325 1,662.50 1,662.50 ADMINISTRATION 22,700 5C)O 10,700 2,500 9,00c) MAINT. INS. 8,250 i,ew @,oc)o 3,450 UTILITIES 1,2eo 1,2eO FURNISHINGS 2.0,C)OO 20,000 * STAFF 73,700 15,200 ** 51,20(') 6,5(X) 90c) @ORTIVE SERV. 8,BC)7.50 1,2C)o 7,607.5C) TOTALS 282,532.50 35,7CO i,eoo 1,2C)O 138,797.50 9,0@00 72,235 2-1,800 Donation of +urniture etc. frcxn Tidewater Board of Realtors Includes in-kind sta+f time of $10,000 from Virginia Beach Dept. o+ Housing and [,L-ighborhood Preservation and a Resource Coordinator -Fro(n the Volunteer Oction Center - 35 - Item IV-J.4 CONSENT AGENDA ITEM # 32080 Upon motion by Cotincilman Baum, seconded by Councilman Heischober, City Council ADOPTED. Ordinance authorizing tax refunds in the amount of $4,301.64 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None RM NO. C.A. 7 10/30/89 EMC 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 lnt. Total Year of Tax Number tion No. Paid Coley B & Mary Kay Dize 88 pp 216712-4 8/25/89 74.00 Midland Mortgage Co 89 RE(2/2) 36088-3 6/2/89 23.47 Goldome Realty Credit 89 RE(1/2) 15107-4 11/17/88 179.16 Goldome Realty Credit 89 RE(2/2) 15107-4 6/2/89 179.16 Total 455.79 This ordinance shall be effective from date of adoption. The above abatement(s) totaling C, $455,79 were approved by theCouncit of 4be @i ty ?f Vqgin'& ve er Beach on the - aay OT j asurer Approved as to form: Ruth Hodges Smith City Clerk y- xv Leslie L. Lil.le "C Attorncv RM NO. C.A. 7 11/ 13/89 EMC 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- Date Penaky lnt. Total Y.ar of Tax Number tion No. Paid J Wes I ey Murphy 85 RE @ 1/2 65313-3 12/4/84 99.83 J Wesley Murphy 85 RE 212 65313-3 6/3/85 99.83 J Wesley Murphy 86 RE(1/2) 70442-6 12/3/85 105.63 J Wesley Murphy 86 RE(2/2) 70442-6 6/5/86 105.63 J Wesley Murphy 87 RE(1/2) 74998-5 12/3/86 123.03 J Wesley Murphy 87 RE(2/2) 74998-5 6/5/87 123.03 J Wesley Murphy 88 RE(1/2) 77799-8 12/2/87 201.16 J Wesley Murphy 88 RE(2/2) 77799-8 6/5/88 201.16 J Wesley Murphy 89 RE(1/2) 80018-6 12/5/88 209.87 J Wesley Murphy 89 RE(2/2) 80018-6 6/5/89 209.87 Barclays American Mortgage 89 RE(1/2) 118001-3 12/5/88 384.30 First Union Mortgage 89 RE(1/2) 79449-7 11/20/88 387.01 First Union Mortgage 89 RE(2/2) 79449-7 6/2/89 387.01 Dominick & Mildred Bipere 89 RE(1/2) 9559-0 12/5/88 110.41 Dominick & Mildred Bipere 89 RE(2/2) 9559-0 5/9/89 110.41 Lynn D & Ruth K Christian 89 RE(2/2) 20085-0 9/26/89 105.89 Christopher Associates 89 RE(2/2) 125014-3 8/1/89 675.00 Vivian Wiggians 89 RE(1/2) 39768-4 12/19/88 169.78 M L Dozier 89 Dog K26 10/26/89 25.00 Raymond L Manny N/A Pkng 304870 10/2/89 12.00 Total 3,845.85 This ordinance shall be effective from date of adoption. The above abatement(s) totaling -4-3 845-85-- -- were approved by p the Council of the City of Virginia Beach on the 20-day of November. on, Treasurer Approved as to form: Ruth Hodges Smith City Clerk -@L 1-Y, - 36 - Item IV-J.5 CONSENT AGENDA ITEM # 32081 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing special tax refunds in the amount of $2,368.08 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 20 1989 FORM NO. C.A. 8 REV@ 3M 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 limme refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Hussein and Natalie SoLieidan C/0 @ieidan's MiL]er @rt 971 Virginia Beach Blvd. - 10.76 Virginia Beach, VA 2@3451 N/A 6/28/89 10.76 7/6/89 1,128.90 - 1,128.90 8/4/89 1,439.84 - 1,439.84 TOTAL TAX PAID: 2,579.50 ACrUAL TAX DUF,: 211,42 W,M DUE: 2,368.08 Certified as to Payment: Commissioner of the Revenue Approved as to form: Leslie L. Lilley This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling 368-08 were approved by the Council of the City of Virginia Beach on the 20 day of November .1989 Ruth Hodges Smith City Clerk - 37 - Item IV-J.6 CONSENT AGENDA ITEM # 32082 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $6,735.05 upon application of certain persons and upon certification of the Commissioner of the Revenue Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None v mb r 20 1 89 FO.. NO C - 8 -E@ 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 Int. Total Year Paid Cannon Craft Company 1988 5/19/88 5.29 5.29 T/A Shutters By Cannon Craft 5511 Staples Mill Road Richmond, VA 23228 Comm.onwealth Printing Company 5457 Greenwich Road 1985/88 6/6/88 5,291.05 5,291.05 Virginia Beach, VA 23462 Damico, John R. 1988 Audit 15.00 15.00 T/A Va. Beach Service GrouD 4628-A Cornet Avenue Virginia Beach, VA 23455 Certified as to Payment: -Ki Commissioner ot the Revenue Approved as to form: -Leslie L. Lill City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 5, 311. 34 were approved by the Council of the City of Virginia Beach on the o@ day of November 19 Ruth Hodges Smith City Clerk FORM .0, C... 8 REV, AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid K & E Enterprises Inc. 1987/89 Audit 178.59 178.59 T/A Ellens Boutique 1860 Laskin Road #133 Virginia Beach, VA 23454 Labell, Craig E. 1987/88 Audit 85.27 85.27 5700 Simon Street Virginia Beach, VA 23464 Liberty Maintenance Inc. 1988 Audit 118.28 118.28 5595 New Col-ony Drive Virginia Beach, VA 23464 Certified as to Payment: F Commissioner of the Revenue Approved as to form: Leslie L. Lille City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 3 8 2 . 1 4were approved by the Council 20 November 89 of the Cily of Virginia Beach on the- day of 19 - Ruth Hodges Smith City Clerk IORM .0 C.A 8 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Ola Inc. 1988/89 Audit 131.56 131.56 T/A Maternity Matters 302 Sweetbriar Drive Richmond, VA 23233 Pack, Mary 1988 Audit 19.13 19.13 T/A Mary Pack Janitorial Service 3433 Terrazzo Trail Virginia Beach, VA 23452 Salas, Donald A. 1987/88 Audit 16 0. 2 3 1 6 0 . 2 3 724 Cottonwood Court Virginia Beach, VA 23462 Certified as to Payment: 4- Commissioner of the Revenue Approved as to form: Leslie L. Lille) City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling .92 were approved by the Council of the City of Virginia Beach on the 20 day of November .19 89 Ruth Hodges Smith City Clerk FO.. NO, C ., 8 REV. 3@ 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 lnt. Total Year Paid Strazzullo, Alfonso J. 1988 Audit 60.62 60.62 T/A Lynnhaven hiunicipal @larine Concession 3120 Sand Pine Road Virginia Beach, VA 23451 Sutelan, Franklin S. 1988/89 Audit 124.03 124.03 114-A 53rd Street Virginia Beach, VA 23451 Turner Construction Co. Tnc. 730 Battlefield Blvd. N. Chesapeake, VA 23320 1987/88 Audit 16.25 16.25 Certified as to Payment: Commissioner ot the Revenue Approved as to form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the 20 dayof November '19 89 Ruth Hodges Smith City Clerk FORM .0, C - 8 E@. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Turtle Land Inc. 1989 Audit 300.00 300.00 T/A Marshall Restaurant 308 48th Street Virginia Beach, VA 23451 Vasile, Dennis M. 1988/89 Audit 30.33 30.33 T/A Lynnwood Cafe 4217 minnard Court Virginia Beach, VA 23462 Woolard, Gene A. 1986/88 Audit 199.42 199.42 6330 Newtown Road Norfolk, VA 23502 Certified as to Payment: R Commissioner of the F Approved as to form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 52 9 - 7 5were approved by the Council of the City of Virginia Beach on the 20 day of November 89 19 Ruth Hodges Smith City Clerk - 38 - Item IV-K.1 UNFINISHED BUSINESS ITEM # 32082 ADD-ON By CONSENSTIS, City Council ACCEPTED to be recorded in the Minutes of the City Council Meeting of November 20, 1989: ABSTRACT OF VOTES General Election of November 7, 1989 November 20, 1989 ABSTRACT OF VOTES cast in the County/City of Vir.ainia at the General Election held on November 7, 1989 for: GOVERNOR OF VIRGINIA Total Votes Received Names of Ca@dates (In FigLwes) J. MARSHALL COLEMAN 4,335 L. DOUGLAS WILDER 41,578 Dan Ahyroid 1 A Else 1 y-e 1 Anyone Else 1 Amy R. Aubrey 1 (continue an reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited in the office of tile Clerk of Circuit Court of the election held on November 7, 1989, do hereby certify that the above is a true and correct Abstract of Votes cast at said General Election for Governor of Virginia. Given under our hands this ninth d Chairman Chairman Secretary A copy teste: v Secretary, Electoral Board Toul V.tcs Re,ei@cd N.n@@s of Ca.didates (I. Fig.,@s) W. H. Axelrod, I 1 Gerald Baliles 4 HerTnan I Sam Donald Beyer, Jr. 2 Richard W. Bishc)p 1 1 Kevin Boink Bc)zo the Clawn 2 Lym @ 1 George ]3roc)ks 1 Kermit Carpenter 1 Rcbert Clyburn 1 Samuel L. Collins 1 10 Gec)rge Crurlp Wiley C. Cyote 1 Robert A. Dalton 1 Clyde I" Davis 1 John Doe 1 Jack Dowan I Wyatt Durrette 2 Clint Eas 1 Dorothy Engesser I R- B. Engesser 1 Brian Engstrcm 1 Bil.ly A- Frariklin 1 E- K. Fried 1 Joseph V. Gartland 2 mills E. Godwin, Jr. 1 Elmon E. Gray 2 Larry J. Gray 1 Nathan Carl Haynie 1 Pee Wee Hernian 2 Dean Hitchings 1 Daniel R. Hoffman 1 G. Hofheimer I Clarence Holland 1 Total Vot@s R@cei,@d Names of Candidates Fig.'es) Buzz Houff Howll Iooca Shelia Jacobs James Keith John R. Jim Kincaid Walter Alan King 1 Jerold J. Larscn 2 Carglen Lee 1 Evelyn rdng 1 Frank G. Macek 1 Joseph Peter 1 Jams McCabe 1 Reba Mr-Clanan 1 Kevin MoGrath 1 William We 1 @ V. @endez 1 Daniel miller 1 David W- Miller 1 Yvonrie Minger 1 Richard L. Moore, Jr. 1 Warren K. Morgan I Mickey 6 I. B. Mudslinger 1 Gwendc)lyn B. Iland 3 Theresa E. Muny 1 @y MY-S 1 Neither Candidate 1 Bobby Niday 1 Richard Nixon 1 Nobody 1 No Confidence 1 None of the Above 3 qliver L. North 1 Governor 3 Total V.i@s Rccci@,d N.mcs of Candidates (In Figres) 4 @y-a Oberri@ @s M. P 1 ace Stan Parris 7 Steven L. Pasco 1 Ran Paul 2 A. L. Phi-lpott 1 Michael W. Porter I Stan Powers 1 Robert E. Proctor 1 Ayn Rand 1 Ronald Regan 1 Refuse to vote due to disgust over both canpaigns 1 Charles Rcbb 5 Mar-tin Roper 1 L--sley Russell 1 Carolyn Ry- 1 Deanna Sizow 1 Joe Smith 1 Snoopy 1 John @ks 1 Will i 1 spmq Mary f. 3 T@n @-- 2 Al hf-rt- 'Pi Prh 1 rrant @in 1 Paiil ihl,- 30 .Tim 'nirney 7 Tim Walter 1 r@np I tpr@,; 1 .Tnhn Wn@r 1 Fai-@v cani.@ wpl.-;h I r willism wbitpbllrst 66 grnflii- M- Williams- @Tr- 1 m r. wi I I i mm-, 1 T,- T- wigni@-ki 1 Dick d 1 Governor 4 ABSTRACT OF VOTES cast in the County/City of v@@a Beach Virginia at the General Election held on November 7, 1989 for: LIEUTENANT GOVERNOR OF VHTGINIA Total Votes Received Names of Candidates (In FigLwes) EDWINA P. "EDDY" DALTON 40,719 DONALD S. BEYER, JR. 43,919 A- Aldn I Geo= B=d, -Tr- 1 @rr] rart7pr I Patti rh@--, 1 J. Marshall Coleman 1 (continue an reverse side, If needed) We, the undersigned Electoral Board, upon examination of the official records deposited in the office of the Clerk of Circuit Court of the election held on November 7, 1989, do hereby certify that the above is a true and correct Abstract of Votes cast at said General Election for Lieutenant Governor of Virginia. Giveii under our hands this nirith, da er, Chairman vi@ Chairman Secretary A copy teste: Secretary, Electoral Board T.t.1 Voi@s R..@i,ed Na.@s f Candidatcs Fig.,.s) Clark Cc)sby Richard D. Duck Patty Dt Mary Jo Enqesser R. B. Enges John Fahey Guy Fridell 2 1 Gene Lanninq Lynn J. Jary Greshan 5 j@ Kincaid Joe @e Martin M. tz 1 Mike McBride 1 Joseph MoCardell 1 Diana Morgan 1 Mickey 2 Minnie 1 myera oberndorf 2 Anda Panda 1 Ron Paul 2 Paul Trible 4 Gen. Richard 1 Jon G. Shievling 1 Dearma Sizcn 1 Snoopy 1 Randy Sawala 1 @ E. Stallings, Jr. 1 Sen. Stanley W 1 Catherine D. W 1 Laura winfree 1 Janie Miitehurst 1 William kbitehurst 8 Jon Bradford 2 ABSTRACT OF VOTES cast in the County/City of Vixg@a Beach Virginia at the General Election held on November 7, 1989 for: ATTORNEY GENERAL OF VIRGINIA Total Votes Received Names of Carididates (In FigLwes) JOSEP[I B. BENEI)ETTI 28,912 MARY SUE'RERRY 56,304 Marie Antoinette I Mozell Boice 1 Chevy Chase 1 Glem Croshall 1 Melanie Durker 1 (continue on reverse side, If needed) We, the undersigned Electoral Board, upon examination of the official records deposited in the office of the Clerk of Circuit Court of the election held on November 7, 1989, do hereby certify that the above is a true and correct Abstract of Votes cast at said General Election for Attorney General of Virginia. Giveii under our hands this ni-nth day of N@inber, I Chairman Chairman secretary A copy teste: Secretary, Electoral Board Total V.t@s Rc@@i@ed N.m,s of C.ndidatcs (I. Cathy A. Engesser R. B. Engesser Jerry R- Fisher Ethel Gershon Richard E. GraY Dick Harma meyera oberndorf Ron Paul 2 Gregory Panije 1 Chuck Robb 1 William Redpath 8 Edwin L- Rogers 1 Edward J. Sargent 1 ABSTRACT OF VOTES cast in the CountylCity of Ti . , Virginia, at the General Election held the jtrst Tu@y after the first Monday in November, 19@ for OF IM HOUSE OF DFLEGAM Eighty-First DISTFicr TotaJ Votm Rm@cd Nmn of @didain (In Figum) Glerm R. Croshaw 12,979 Joe Abess 1 A Choice I Anyone Else 1 Steve Atkins 1 Alex Bell 1 John Belushi I F. Bolick 1 Bartow H. Bri@. Jr. I Joe rana@ '? (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the ofjicial records deposited with the Clerk of the Circuit Court of the ekction held on November 7 19.gq dohembycertifythaitheaboveisa true and correct Abstract of Votes cast at said election Given under our hands this -ninth Chairrnan Vice Chairman A copy tesie: Secretary 7/ Semt,7ry, Ekcioral Board Total \'.tes Rec,,@,d Na.ts of C.hdidairs (In Fip,es) ccawtition ? Joseph E. Crawley Dermis A- Cri-sp George Donald Duck Scooter Dc)g Dcyuq Duke Andre Evans Shirley Grahan P. W. Hernon H. Grady Kolb Steven C. Kunz Abe Lincoln james Lord John Mark Maynard 1 Reba McClanan 1 Mike 1 Douglas Morrison 12 Mickey Mome 1 Kenneth Pitman 1 Victor Rickett 1 Edwin L. Rodgers 1 John Smith I j. j..waterfield 1 TRA CT OF VO YES ciut in the Coun ty / City of Virginia Beach Virginia, at the GeneralEtection held thefirst Tues*y after thefirst Monday in November, ]9L9- for ER OF THE HOUSE OF DELEGAM Eight@Second DLSTRICT ToW Votm R=i@ed Nm. of Candidatm On Figum) ITal= R Pi,@, 16. Q-49 T. Richard Lee Jaries Be Jr. Karen Bodga Glenn Croshaw Curley, Larry & Moe Bcbby W. Davis Frances Di Miuue Jarie Doe (continue on reverse side, if needed) We, the undersigned Ekctoral Board, upon ewmination of the ofjicial records deposited with the Clerk of the Circuit Court of the election held on November 7 19@9 do hemby clrt(fy that the above ts a true and correct Abstract of Votes cast ai said election f@r Mem Given under our hands this Chair?nan Vice Chainnan A copy leste., Secretary Secretary, Ekcioral Board T.t@l Nl.t,i Nam,s of Cand)dales R,Cll@@d Willi Edward T)an Fnl eV Ran@l Jacobson @Tim Ki T.arry T .@n Mnlhnn in @,- @@@rf Rcm Pa,i .T@n rrr"@@ W,ndn PA-avrl -Willi@ ABSTRACT OF VOTES cast in the CountylCity of Virginia Beach Virginia, at the GeneralEkction held thefirst Tu@y affer thefirst Monday in November, 19@ for ER OF THIE HOUSE OF DELEGATES E'ghty d Dsmcr Total Vot@ Rmci@ed N-m of C-did.t. (in Fig.m) J. W- 'Billy" O'Brien, jr. 11,123 Jerry An n 3 Carl Bieber 1 Bu]L e 1 Dale Burden 1 Rodney 1 Joe Canada I Chris Carr 1 Wal.ter E. Carter 1 Alan Diamonstein 1 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon ewmination of the official records deposited with the Clerk of the Circuit Courl of the ekction held on November 7 19@ do hemby certify fhat the above is a t-e and correct Abstract of Votes cast at said election for Member of the House o!f Delegates. Given under our hands this ninth// Chail7non Vice Chairtnan A copy teste.- Secretary &cT-etary, ElectorrI Board Tot.1 N'.i,s Re"@,d N..,s of Cand,dai,s (In Fip,,s) Di t-i-C) r)i inp @iri rlR rl -d- R@@ F M-i-l- T@nrp P- TlbU T4 @-i sm Mickey 2 David SamUel Myers, Jr. 1 d Reagan 1 Linda Southerland 1 Fritz Stegeman Robert Tata W. kbitehurst 2 Ted I ABST)ZACT OF VOTES cast in the County lcity of Virginia ]3each Virginia, at the General Election held the fitst Tu@y qfler the first Monday in November, 19@ for ER OF THE HOUSE OF DELEGATES E'ghty-F DBMCT Total Votm R@@ed Nmm of C-didat@ (In Fig.m) Glerm B. McClanan 10,735 Chris Bailey 1 Daniel J. Brermon 1 George Brooks 1 John R. BrzostaAcz I James Clark 1 Nathaniel E. Davis 1 Dcnald Duck 1 Rpici @*n I Richard Faitau 4 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon ewmination of the ofjicial rlcords deposited with the Clerk of the Circuit Court of the ekcfion held on November 7 19@9 do hereby cl-rtify that the above is a true and CorreCl Abstract of Votes cayl at said election for Mem Given under our hands this Chaii7nan Vice Chair?nan A copy tesie., S-retary Secretary, ElecloralBoard Tot@l V.ics Re@l@ld Names of Cand,dates Ri rha rl Pnn .7 w .Tim xi .Ttianif-a TCina 9 R@rt P- Paiil @n,ll@ w q Ri I I -Tr @,n TC@i f-h M,@i rii Pr-rrni-i-@ Anf-@nI, @l 1 n@ T4mn Rri an Frnnk T,- Tayl nr @,l ey IM@@- Michael Tbptiff Lisa G. Uhler Chip Vincent Diane Watsm Clint Weichbrodt 2 ABSTP,4 CT OF VOTES cost in the CountylCity of Virginia Beacli Virginia, at the GeneralElection held thejirst Tu@y qfter thefirst Monday in November, 19 8-9 for ER OF nffi HOUSE OF DELEGATES Eighty-Fifth DIST7[UCT TotaJ Voin R@,i@ Nm. of Udidat@ (1- F-it-rts) R Tata 19.352 Floyd S. Barnes 1 Willa Bazemore 1 Nell Benham 1 Rodney 1 George T. Byrd, Jr- 1 Bill Clemon 1 Rober-t A. Colewell 1 J. Doe 1 John @ Dolan 1 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon ewmination of the ofjicial words deposited with the Clerk of the Circuit Courl of the election held on November 7 19@ do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Mem D&egates. Given under our hands this Chair?nan Vice Chair?nan A copy leste: Secrelary @taty, Electoral Board Toul R,Clj@ld Donald Duck Names of Cand,dit,s (In Fiptes) R. S. @gesser Trmn i r, .Ti m MVrf-le Gray Dr - ma @al ti R @@ -T@q @i th -Tim Ki A,+ T)r St- t-nn .Ti . w qi@n Mi rl= @Tr)hn mn Ftrnrk I;t-@rp p Mirhagl Dialit-Y va- roll- Pat- R-rt--Rm @na p Bill Whi ABSTRACT OF VOTES cast in the CountylCity @f Virginia Beach Virginia, at the r-n@val election held on 7 19 119 FOR @th's At T.tal V.tes R.@.ivd Nam.s of C..did.t.s (In Figu,es) 46,204 Ancim J. Evans 34,654 James Brazier 2 A. J. Canada, Jr. 1 Mike Dills 2 R - B Pnqe-,-@r J@ R. Fisher Jolm P. ;rady Jim Kincaid 2 G. @frey Masal 1 (continue on reverse side. If needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on @r 7 , 19 81) , do hereby certify that the above is a true and correct A bstract of Voles cast at said election and do therefore determine and declare that thefollowing receiv- ed the greatest number of votes cast in said election: Robert J. "13ob- @limys for the office Of wealt-h's At@ey Given under our hands this nin-th Chairman Vice Chairinan A (,opy levie.- Secretary Secretary, Etectoral Board T.t.1 V.t@s Names f Candidates R@ccivcd Johnny E. Morrison (in Fig., Mickey 1 R. V. M-ray 1 Neither of the Candidates 1 Ron Paul 2 Debra Louise Rawis 1 L. Rogers 1 Paul Sciortirio 3 Jarie Sinith I Wallace Smith I Jobn W. Shiev@g 1 Deanna Sizow I Sp,@ @ P. 'Bobby'- Vaughan George k4iite Grover Wright AJRSTRACT OF VOTES cast in the CountylCity Or NTi@ini, Bo.ch Virginia, at the election held on 7 19 89 FOR Ccmissioner of RevL-nue T.tal Votes Received N...s of C.ndidat@s (in Fips) Robert P. Vau han 70,714 A rhoicp I Another Candidate 1 Anybody Else 1 John T. Atkinson 1 Chris Ba3.ley 1 PIUA q- @rme-- I Rodney Blake 1 James W. Borden 1 Ron Budson 1 (cor.tinue on reverse side, If needed) We, the undersigned Electoral Board, upon examination of the official records deposiled with the Clerk of the Circuit Court of the election on 7 -, 19 89 , do hereby certify that the above is a true and correct A bstract of Votes cast at said election and do therefore determine and declare that thefollowing receiv- ed the greatest number of votes cast iii said election: Rober-t P. 'Bobby' Vaughan for the office of Given under our hands this ninth Chairman Vice Chairman A .pi, Secretary Secretary, Electoral Board Tot.] Votcs Names of Candidates R ... i,,cd (In 1 Bush RMn@ R@- @q A T-- r_i Sheldon Corncr Robert Corprcw Dolores COttrell Dennis A. Crisp John E. Col. Bob @ser R. B. @gesser Kt-In ralk 2 A - J,@@q Fillion 2 C. @t- ,7on r (,tits Ji I I iil Hon(,-,I; T Rirh@ird .T,@r, Kpi r@ral cl T. .Tim Xi nr @T,@q T r),ivc- Marl in Di,inf, r4-i R(,h,i @l P,Mll 2 R- G- Sirrnn Mic--kcw 2 Nr)nr. Rr)n Paiil 2 Kc,nnt,t-h P K;4t-hr,rinc, T.t.] V.t,s N.mes f Ca.did.t,s (In Fig..s) Pat RobertSOn 2 Gilda 1 P@@le Roger 1 Edw:Ln L. 1 Scoc)tex Dog 1 Eli@th Ann Scott 1 Sylvia Scott 1 Emest Snyder 1 F'ritz Stegeman I wanrla @f- mi rha,-l mml i ff T@n@ Trainiwn Wa--hinat-nn Bill Wild Willicyn W. Wilkinson Ken Zenzel Zsa Zsa Ccmuissioner of Revenue 3 ABSTRACTOF VOTES cast in the CountylCity @r Virginia Beach Virginia, at the r@npral election held on 7 19 89 FOR Sheriff Total Votes Receiv.d N...s.f C..did.te@ (I. Fip.s) J. R. "Jack' Dewan 32,652 E'rancis H. 'Frarik' Drew 38,550 Thanas A. 'Tbe Collins 8,046 T-W Faye Bak- 1 Samuel Edwin Barboo 1 James Brazier 1 Jack E. Buchanan 1 Rev. Burden 1 Jack Cane 1 Edwina P. 'Eddy' Dalton 1 (continue an reverse side. if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on r 7 , 19 89 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do therefore determine and declare that thefollowing receiv- ed the greatest number of votes cast ill said election: Francis H. "Frank" Drew for the office of Sheriff Given under our hands this ninth Chairman Vice Chairman A,,,,pyte.,te.- Secretary Secretary, Electoral Board T.t.1 V.tes Rc,,i@.d N.mes of Candid2tC3 (I. Figu,es) Fnqmqpr 2 Ti-;innngki Of f i -r Tnng@ .Tim TCin@aic3 Rri nn Mi ntf-r@ @ nf i-@ A@tp ptill4, p T?A-in T. Pcge,@ Palil @inrt-i@ @ain W- r %nit-h @@n Spri nqa P .1 WiF---,ni@-ki .Tnhn Wi I I i @-1-h,-r A- WnM-@ ABSTRACTOF VOTES cast in the CountylCity Or Virgima Beach Virginia, at the Gerieral election held on November 7 19 89 FOR Total Votes Received Na.m of C..didates (In Figums) Jolm T. A 73,375 A Choice 1 r@rrpf-t- A- Al r-ara7. I Ariybocly but A 1 Anybody Else 1 Anyone but Atkinson 2 Chris Ba3.ley 1 Bakker 1 Floyd S. Barnes 1 Liza Benzak I (continue on reverse side. If needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuil Court of the election on November 7 - 19 89 , do hereby certify that the above is a true and correct A bstract of Votes cast at said election and do therefore determine and declare fhat thefollowing receiv- ed the greatest ntimbel- of votes cast ill said electi'on: John T. Ai-kin-qm for the office of @a-lirpr Given under our hands this ninth d( Chairman Vice Chairnian A copy Secretary Secretary, Electoral Board Total Votes Names or Candidates R,cci@.d Bill Beyer (In Figures) Joe Biernat Bi.11 nischoff 4 @ Blount 1 Larry G. Branthoover 1 Bullwink]-e 1 JCy Ama Carwer 1 Casper the Ghost 1 .@i am rn@- Bill cc)x 1 Denrlis A- Crisp Jane curti_n A=t- navi R@ John Doe 2 Mickey Dolez 1 Francis H- "Frankl- Drew 1 Daffey Duck 1 Donald Duck 4 Duck Stephen R. B. Engesser Peter V. Farley Wimfred Flaherty Fudd Jane Gardner Maxie G@ e Glem G-fy Marie Hall Dave Henderburg Anne Hughes Raquel Ilby Michael Eugene j L. L. Joyner Total Voi,s R@c@i@@d Na,n@s of Ca.didates (In Fig."s) Thcffias C. Kezidrick 1 David 1 Jim @a:Ld 1 Fred S. Knight, Jr. 2 Jack Koenemanri 1 Sharon L. @he 1 F'rank March 1 Reba MnManan 1 Mickey 2 R. G- Moore 1 Bill N@ 2 Nms 1 Meyera Oberndorf 1 John O'Sullivan 1 Cornealius B. Owens 1 Steve Pantages 1 James C. Patterscn 1 Ron Paul 2 Kermeth Pitman 1 Kenny Pit@ 1 Ac'kn. John Poindexter 1 Bob Proctor 1 Dan Quayle 1 Willian A. Rawls 1 Jobn w. Richardscn 1 Pat Rcber-tson 1 Earle Roger 1 L. Rogers 1 Nestor L. Rosario 1 Edward Saner 1 Paul sciortino 1 Scooter pocr I Dmna D. Hall Soott 1 Willian Sher)hard 1 Norman J. Shiith 1 Pamela.H. Smith I Treasurer 3 Total Voics Rcc@ived Names of Candidates (1- Figur@s) The Smurfs 1 F'rankie Srx3w 1 Ray Stoner 2 Carol Stunnan 1 Wanda Sweet 1 Chris Tefft 1 Debbie T@:Ln 1 Daphne Trainxzn 1 @ Ttip- 1 Brian Waller 1 Robert Weast 2 Charles Wesley 1 Charle B. Mitehurst 1 G- Wn. W[iitehurst 4 Peter M. Widel 4 F@rcl Wi I I i - 1 D Wi I qrn 2 Treasurer 4 ABSTRACT OF VOTES cast in the CountylCity of Virginia Beach. , Virginia, at the special election held on 7 19@, on thefollowing question orproposition: ON: Shall the City of Virginia Beach finance new public school construction and furnishings @and renavaticns of existing school buildings, including zation of ]3ayside and Kellam Righ Schools, eimmtary ium additiOns, Farmer's @ket/Green Run area Elmmtary and Middle Sd=ls, Wst Kenpsville High School, and London Bridge Road Elementary School and site acquisition for new schoc)ls, by contracting debt and issuing the City's general cbligati- bc)nds in the @t of $68,375,000 Pur-t to the C-ity and the Public Finance Act, together with other available funds? Total Vot@ Rmci@ed (In Figum) FOR (Y-) 58,955 AGAINST(No) 22,616 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on , 19-, do hereby certify ihat the above is a true and correct A bstract of Votes cast at said election for and against the question or proposition set forth above. Given under our handy this A copy tesie.- Chairman Vice Chairman Secretl7fy Secretary, Electoral Board - 39 - Item IV-K.2 UNFINISHED BUSINESS ITEM # 32083 ADD-ON Upon rqotion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED: Resolution endorsing the Concept Plan for the Central Business District, reserving the right regarding a Master Plan, creating the Central Business District Co@ssion to be resovled when the Master Plan is presented to City Council on December 31, 1990. i@This Resolution AMENDS and clairifies said Resolution ADOPTED by City Council on November 6, 1989. (TTEM # 32010) Voting: 11-0 Council @lembers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry" and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None "Councilman Perry changed his NAY Vote to a VERBAL AYE. 1 RESOLUTION 2 WHEREAS, on October 30, 1989, City Council was briefed 3 on the Virginia Beach Central Business District Concept Plan (the 4 Concept Plan) by the Central Business District Association (CBDA); 5 WHEREAS, CBDA has requested $150,000 be appropriated to 6 help fund the City's share of the cost of a planning consultant to 7 expand on the Concept Plan and to prepare a Master Plan showing the 8 specifics of the proposed development for the Central Business 9 District (CBD); and 10 WHEREAS, CBDA has further requested the City Council to 11 appoint a commission to monitor and to provide input to the 12 consultant. 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1. That City Council hereby endorses the Concept Plan 16 as proposed by CBDA. The Council does not, by this endorsement, 17 endorse all the specifics of the Concept Plan but, instead, 18 reserves the right to review, accept, or reject any and all 19 specifics of the Master Plan when that Plan has been prepared. 20 2. That City Council hereby creates a commission to be 21 know as the Virginia Beach Central BUSiness District Commission 22 (the Commission) . The Commission will consist of eleven (11) 23 members appointed by City Council. Its duties shall be to provide 24 input to and monitor the work of the consultant who will prepare 25 the Master Plan for the CBD. The City Manager shall further 26 appoint two (2) additional staff as ex-officio members of the 27 Commission. 28 3. That the Conunission shall be dissolved, with no 29 further action required by the City Council, upon the presenta- 30 tion of the Master Plan to City Council. The commission is 31 requested to present the Master Plan to the Council on or before 32 December 31, 1990. 3 3 4 . That the Master Plan shall address, at a minimum, 34 the following issues: the geographic boundaries of the CBD; zoning 35 and density of land within the CBD and land uses within the CBD 36 given, however, that the zoning/land use of existing, developed 37 residential areas shall not be modified; the type and amount of 38 transportation alternatives and utility services needed to serve 39 the CBD; impacts of the CBD plan on surrounding neighborhoods; a 40 financing plan as to how the Master Plan may be implemented with 41 financial self-sufficiency, including needed infrastructure and 42 including a defined special tax and/or assessment district; and the 43 methodology by which architectural and design issues shall be 44 regulated within the CBD, given that the Plan could be implemented 45 with or without a light rail system. 46 5. That the Purchasing Department, in conjunction with 47 the City Manager's Office, is hereby directed to begin prepara- 48 tion of the necessary documentation to retain a consultant to 49 formulate the Master Plan. The consultant shall be retained, with 50 the input of the Commission, by and be responsive to the City of 51 Virginia Beach in accordance with the appropriate procurement laws 52 and ordinances. 53 6. Any costs associated with the preparation of the 54 Master Plan and related matters in excess of the $150,000 55 appropriated by City Council shall be borne by the CBDA and 56 appropriate contractual documents shall be put into place between 57 the City and CBDA before the contract with the consultant is 58 executed. 59 7. This resolution supercedes and takes the place of 60 Resoluton R-89-01817, adopted by City Council on November 6, 1989. 61 Adopted by the City Council of the City of Virginia 20 November 62 Beach, Virginia, on this day of 1989. 63 KJC/dhh 64 11/20/89 65 CA-89-3551 66 CBDA2.RES 2 - 40 - Item IV-K.3 APPOINTMENTS ITEM # 32084 ADD-ON Upon NOMINATION by Councilman Moss, City Council APPOINTED: CENTRAL BUSINESS DISTRICT COMMISSION Michael C. Ash William J. Cashman Gerald S. Divaris Ernest E. Hanson Lt. Col. Richard Jachens (USA Ret.) W. Robert Jones Charles R. Krummell Richard E. Olivieri Alfred M. Randolph William H. Schlimgen James F. Willenbrink EX OFFICIO MEMBERS Dr. Fred G. Benham (City Public Schools Liaison) E. Dean Block (City Liaison) Thomas M. Martinsen, Jr. (City Liaison) Councilman John D. Moss (City Council Liaison) Councilman William D. Sessoms (City Council Liaison) - 41 - Item IV-L.l. RECESS TO ITEM # 32085 EXECUTIVE SESSION In accordance with Section 2. 1-344, Code of Virginia as amended, and upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council RECESSED into EXECUTIVE SESSION for discussion of Personnel Matters (5:35 P.M.) 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1- 344(A)(1). (1) Personnel Evaluations: City Manager and if time permits, City Clerk. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: John A. Baum Council Members Absent: None Councilman Baum ABSTAINED as he had to attend another meeting. - 42 - Item IV-L.2. RECONVENED FORMAL SESSION ITEM # 32086 Mayor Meyera E. Oberndorf called to order the RECONVENED FORMAL SESSION of November Twentieth in the Council Conference Room, City Hall Building for the purpose of certifying to the Executive Session held this date, after which to adjourn. Council Members Present: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, John D. Moss, Mayor Meyera E. Oberndorf, Reba S. McClanan, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: John A. Baum and Barbara M. Henley - 43 - Item IV-L.3. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32087 Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION 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 this Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum and Barbara M. Henley 44 1 JR 11 CFkTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 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. MOTION; Upon motion by Vice Mayor Fentress, seconded by Councilwoman Paker, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344(A) (1). (1) Personnel Evaluation: City Manager VOTE: 10-0 Council Members Votin-. AYE: Council Members Voting NAY: Albert W. Balko, Vice Mayor Robert None E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms Council Members ABSTAINING: Council Members ABSENT for the Vote: John A. Baum. None Council Members ABSENT for the Meeting: John A. Baum th Hdges mith, CMCIAAE City Clerk - 44 - Item IV-M.l. ADJOURNMENT ITEM 32088 Upon motion by Councilman Moss and BY CONSENSUS, City Council ADJOURNED the Meeting at 7:00 P.M. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. ouncil Members Voting Nay: None Council Members Absent: John A. Baun and Barbara M. Henley *Verbal Vote Be,,erly O@o Chief Deputy City Clerk th Hodg@s Smith, C14C Mey&ra 6be @city Clerk Mayor City of Virginia Beach Virginia