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Home My WebLink AboutNOVEMBER 18, 1985 MINUTES "WORLD'S LARGEST RESORT CITY" CTTY CotlwclL MAYOR HA.ROLD @CHOSER. At L-g, VICE-MA YOR REBA & M@CLANAN. @.. A- B-gh JOHN A. BA UM, BI-k-t- B-gh NANCY A. CRFXCH, At L-g. ROBF.RT E. FW=SS. V@g- B.-A B-gh BAMURA M. @. Pn. B-gh E. JACK JENNINGS. JR., L@- B-gh LOUIS R. JONES, Bvid. @h ROBFRT G. JONES. AC @, J. HENRY MCOY. JR.. K-@ B-gh ML'YERA E. OBERNPORF. Af L.,g, 281 CrrYHAU BUILDI.VG MUNICIPAL CENM RUTH HODGES SMFRH. CMC, C,,y @k CITY COUNCIL AGENDA VIRGINIA BEACH. VIRCINIA 23456-no 18MI427-4303 November 18, 1985 Virginia Beach City Council WORKSHOP Conference Room - 10 AM RECONCILIATION OF CAPITAL IMPROVEMNT PROGRAM ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 12 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 FM A. INVOCATION: Reverend Richard Bruce Carrow Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. PRESENTATION 1. Resolution in Memorium - Captain Nelson Sabin 2. Resolut:ion - Crime Solvers 3. Mayor's CODE OF ETHICS Commit:tee G. N S 1. Motion to accept/approve the Minutes of November 4, 1985 H. PUBLIC RRARTNG 1. Revenue Sharing i. PUBLIC HEARTNG 1. Legislative Charter Changes a. Change in General Obligation Bonding Authority b. Special Tax on Real Property c. Amortization of Non-Conforming Signs d. Tree Protection Presentation by Mr. Jack Whitney J. PLANNING BY CONSENT 1. Application of Harry Sandler for a change of zoning from R-5 Residential District to B-2 Community Business District on an undeveloped 4,530 square foot (.104) parcel located 70 feet more or less south of Shore Drive, 1,570 feet west of Baylake Road (Bayside Borough). Recommendation: APPROVAL 2. Application of Coastal Inn Asociates T/A Holiday Inn Executive Center for a conditional use permit for fifty-two (52) additional motel units on a 7-acre site located on the east and south sides of Greenwich Road, 685 feet east of Newtown Road (Bayside Borough). Recommendation: APPROVAL K. PLANNING 1. Application of Dona M. McCloud for a variance to Section 4.4(d) of the Subdivision Ordinance, wbich requires that all lots have direct access to a public street, on property located at 1356 Little Neck Road (Lynnhaven Borough). Recommendation: APPROVAL 2. Application of Harry S. and Jean W. Rogers for a variance to Section 4.4(b) of the Subdivision ordinance, which requires that lot dimensions conform to the Comprehensive Zoning Ordinance, on property located at 5613 Normandy Avenue (Kempsville Borough). Recommendation: DENIAL 3. Application of Housing Systems, Inc., for a variance to Section 4.4(b) which requires that lot dimensions conform to the Comprehensive Zoning Ordinance on a parcel 43,463 square feet (.998 acre) located at 5536 Connie Lane (Bayside Borough). Recommendation: DENIAL 4. Application of Thmas M. Malbon for a change of zonin@from R-6 Residential District to A-2 Apartment District on a 40,075 square foot parcel located on the South side of Old Virginia Beach Road, East of North Birdneck Road (Lynnhaven Borough). Recommendation: APPROVAL 5. Application of Glen H. and Hary Russell for a change of zoning from R-8 Residential District to 0-1 Office District on a 22,500 square foot parcel located on the West side of South Lynnhaven Road, North of Gator Road (Lynnhaven Borough). Recommendation: APPROVAL 6. Application of Sandwich Island, Inc., for a change of zoning from R-8 Reside-atial District to B-2 Community-Business District on a 9.5-acre parcel located at the northeast corner of General Booth Boulevard and Prosperity Road (Princess Anne Borough). Recommendation: APPROVAL DEFERRED by City Council, October 21, 1985. 7. Application of Gordon Rudolph for a change of zoning from R-6 Residential District to B-2 Community-Business on a 1.57 acre parcel located at the northeast corner of Broad Street and Pennsylvania Avenue (Bayside Borough). DEFERRED by City Council, October 14, 1985. AND, Petitioa for the discontinuance, closure and abandonment of a portion of Pennsylvania Avenue at the northern boundary of Broad Street and southern boundary of Jeanne Street (formerly Douglas Street), Euclid Place, totalling 28,500 square feet (Bayside Borough). Recommendation: APPROVAL for both applications 8. Application of Patricia A. Bradford for a conditional use permit for a home occupation (day care) on a 6,900 square foot parcel located on Lot 133, Cape Story by the Sea, located at 2132 Bayberry Street (Lynnhaven Borough). Recommendation: APPROVAL 9. Application of Carr-Davis, Inc. for a change of zoning from R-8 Residential District to B-2 Community-Business District on a 21,780 square foot parcel located at the Southeast corner of Oceana Boulevard and Virginia Beach Boulevard (Lynnhaven Borough). Recommendation: DENIAL 10. Application of Novella Properties for a change of zoning from R-8 Residential District to B-2 Community-Business District on a 10,248-07 square foot parcel located South of Virginia Beach Boulevard, East of Oceana Boulevard (Lynnhaven Borough). AND, Application of Novella Properties for a change of zoning from 0-1 Office District to B-2 Community-Business District on a 22,803.05 square foot parcel located on the East side of Oceana Boulevard, South of Virginia Beach Boulevard (Lynnhaven Borough). Recommendation: DENIAL for both applicatiotis 11. Ordinance to amend and reordain Article 4, Sections 402(c) and 412(c) of the Comprehensive Zoning Ordinance pertaining to Front Yard Setbacks. Recommendation: APPROVAL L. RESOLUTIONS / ORDINANCES 1. Resolution requesting the Virginia General Assembly increase the City of Virginia Beach's CHARTER BOND LU41T 2. Resolution requesting the Virginia General Assembly AMEND the Charter of the City of Virginia Beach by adding thereto a new Section 2.02(h) pertaining to SPECIAL SERVICE DISTRICT for the Oceanfront Resort Area. 3. Resolution requesting the Virginia General Assembly AMEND the City Charter to allow the establishment by Ordinance of City-wide reasonable rules, regulations and schedules for the AMORTIZATION OF NON @ NFORMING SIGNS. 4. Resolution requesting the Virginia General Assembly AMEND the Virginia Beach Charter to allow local option to establish standards for TREE PROTECTION 5. Resolutions (proposed) authorizing the issuance, sale and award of $24,360,000 GENERAL OBLIGATION REFUNDING BONDS, Series of 1985. a. Bond Purchase Agreement b. Escrow Deposit Agreement 6. Resolution to approve the By-Laws, appoint the Board of Directors and to set the terms of said Directors for the VIRGINIA BEACH COMMITY DEVELOPMENT CORPORATION. 7. Ordinance to authorize the City Manager to enter into an agreement with the VIRGINIA BEACH COHMITY DEVELOPMENT CORPORATION; AND, To transfer $85,788 from the Community Development Block Grant-Contingencies to fund the Contract with VBCDC. 8. Ordinance upon FIRST READING to adopt the FY 1985-86 - 1989-90 Capital Improvement Program and to appropriate $61,405,910 for the FY 1985-86 Capital Budget, subject to funds being provided from various sources set forth therein. M. RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS Resolution approving issuance of Industrial Development Revenue Bonds to: Apple Creek Associates I $ 8,000,000 of Virginia Beach, Ltd. Barnett Range Chimney Hill $10,000,000 Bancroft Associates $10,500,000 Courts Associates, L. P. $13,350,000 Thornwood Associates, L. P. $ 5,360,000 Waterford Associates, L.P. $15,575,000 Potter Properties $ 700,000 Richard A. Beskin $ 550,000 Secure Ventures $ 750,000 Moore Farm Associates $10,000,000 George S. Hazzis (Refunding Issue) $ 640,000 N. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution in Memorium - Captain Nelson Sabin 2. Resolution of Commendation - Crime Solvers 3. Resolution authorizing the Mayor to sign the second AMENDED Charter Agreement of Southeastern Tidewater Area Manpower Authority and changing the name of STAKA to the SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION. 4. Resolution directing the Planning Commission to review and make recommendation to City Council concerning a proposed amendment to Section 107(f) of the Comprehensive Zoning Ordinauce dealing with the vote of Council Members necessary to amend the Zoning Ordinance. 5. Resolution directing the Planning Commission to review and make recommendation to City Council concerning a proposed Amendment to Section 5 of the SITE PLAN ORDINANCE by ADDING Section 5.16 pertaining to UNDERGROUND UTILITIES. 6. Resolution approving the award of a contract for Professional Insurance Agent/Broker Services and authorizing the City Manager to prepare the necessary contract. 7. Ordinance appointing Viewers in the petition of Jade Street Associates for the closure of a portion of Jade Street/Cape Henry Drive (Lynnhaven Borough). 8. Request for four-month EXMNSION FOR COMPLIANCE in the petition of Lakeside Construction Corporation for the discontinuance, closure and abandonment of a portion Painter's Lane located at Sandbridge and the Southern boundary Proposed Ferrell Parkway (Princess Anne Borough). 9. Staff request for 60-day deferral in the petition of Larry & Kathryn Reiter for the discontinuance, closure and abandonment of a portion of Old Holland Road in the area of Table Rock Road, Windsor Oaks West (Kempsville Borough). 10. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of TuUp Drive to D. W. Belli luc., its assigns and successors in title. 11. Ordinance upon SECOND EWING to accept and appropriate $42,000 from the Department of Corrections for an expansion of the Community Diversion Incentive Program. 12. Ordinance upon SECOND READING to accept and appropriate $832,469 for the installation of the EnhalLced 911 Emergency Telephone System. 13. Ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on Sunday. 14. LOW BID of Rea Construction in the amount of $274,840.55 for the construction of Little Neck Bikeway, Phase II, (cip 4- 924). 0. APPOINTMENTS 1. Board of Building Code Appeals 2. Community Development - Citizens Advisory Committee 3. Hampton Roads Air Pollutioa Control District Commission 4. Historical Review Board 5. Housing Board of Appeals 6. Transportation Safety Commission P. UNFINISHED BUSINESS 1. Criteria for Tax Exempt Properties Q. NEW BUSINESS 1. Personal Property Taxation of Boats 2. Abstract of Votes cast in the City of Virginia Beach at the General Election held November 5, 1985. R. ADJOURNMENT CAPITAL IKPROVEMENT PROGRAM SCHEDULE DATE EVENT LOCATION MONDAY, NOVEMBER 18 WORKSHOP/RECONCILIATION CONFERENCE ROOM 10:00 AM - NOON MONDAY, NOVEMBER 18 1. PUBLIC HEARING COUNCIL CHAMBERS 2:00 PM (REVENUE SRARING) 2. FIRST READING MONDAY, NOVEMBER 25 FINAL ACTION COUNCIL CHAMBERS 7:00 PM BY SECOND READING M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia W 0 R K S H 0 P CAPITAL IMPROVEMENT PROGRAM 18 November 1985 10:00 A. M. The WORKSHOP was called to order by Mayor Harold Heischober in the Conference Room on November 18, 1985, at 10:00 A.M. The City Manager introduced E. Dean Block, Assistant to the City Manager for Anaysis and Research, who responded to City Council's inquiries concerning the CAPITAL IMPROVEMM PROGRAM Councilman Jennings expressed concerns relative changing the name of Virginia Beach Recreation Center to the Community Center. Councilman Jennings further referenced the Little Neck Fire Sation which first appeared in the CAPITAL IMPROVEMENT PLAN many years ago. He requested it be expedited at least a year. These particular areas are in dire need of fire protection. The Staff will also investigate and return to Council with recommendations concerning extending water lines. Councilwoman Oberndorf referenced the KEMPSVILLE PUBLIC LIBRARY and requested same be moved forward in priority. As per request of Councilman Fentress, as well as Vice Mayor McClanan and Councilwoman Henley, Staff will repriortize the SANDBRIDGE BIKEWAY Councilwoman Henley referenced the CAROLANNE FARMS NEIGHBORHOOD PARK information distributed to Council. Councilwoman Henley referenced Transfer Funds from Birchwood/Malibu/Carolanne Farms to the Munden Point Bulkheading Project as to whether these are excess funds and same has already been purchased. Dean Block explained this was simply a bookkeeping process that does not effect the substance of the project for either Birchwood or Carolanne Farms. The project has always been planned as the acquisition of the property from the Public Utilities Department and sale of certain portion of the land as has been outlined in the map and use of the funds to construct the facility itself. In the case of Carolanne Farms, same has been accomplished. Staff will consider reassembling the TASK FORCE in connection with the BIRCHWOOD/MALIBU property, a report on this property and a Chart in connection with same. Councilman Jennings referenced Virginia Beach Arts Center and Museum of Marince Science. City Council seemed to prefer having City Employees involved with the Virginia Arts Center. Staff will investigate further. Councilwoman Henley requested an elaboration of the extent of the direction of the ROAD CONSULTANT. Councilwoman Henley further referenced the DAM NECK ROAD PROJECT, and requested information concerning easements. Councilman Fentress referenced crossing of Norfolk Avenue off Birdneck Road. It is a terrible intersection. Vice Mayor McClanan requested a DISCLAIMER concerning Schools in the General Booth Boulevard area that are listed as requested but not funded. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 18, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, November 18, 1985, at 12:30 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None November 18, 1985 - 2 - ITEM # 24500 Mayor Heischober entertained a motion to permit 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 or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 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 plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal mattters within the jurisdiction of the public body. Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, CitY Council voted to proceed into the EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. November 18, 1985 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL November 18, 1985 2:08 p.m. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, November 18, 1985, at 2:08 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Richard Bruce Carrow Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 4 Item II-F.1 PRESENTATION ITEM 24501 Mayor Heischober PRESENTED a RESOLUTION IN PMRIUM: CAPTAIN NELSON B. SABIN Councilman Jennings read this RESOLUTION recognizing the attributes of Captain Sabin and sharing in the loss of this dedicated citizen with his wife, Irma, and all his family. Irma Sabin ACCEPTED this RESOLUTION IN MEMORIAM. The following were also in attendance: Al Balko John Gravatt Jerry Anderson Joe Buchanan Gary Forrest Kay Recknor November 18, 1985 5 Item II-F.2 PRESENTATION ITEM 24502 Mayor Heischober PRESENTED A RESOLUTION OF COMENDATION to: VIRGINIA BEACH CRIME SOLVERS This Resolution RECOGNIZED the VIRGINIA BEACH CRIME SOLVERS for solving the most crimes based on crime rate for a population of 125 to 500 Thousand, making Virginia Beach the "best in the nation". Alfred W. Craft, Jr., Chairman of the VIRGINIA BEACH CRIME SOLVERS, ACCEPTED this RESOLUTION OF COMMENATION. The followin were also in attendance: ME@BERS OF CRIME SOLVERS - BOARD OF DIRECTORS: Chief Charles Wall Danny Michaels Aaron Parsons November 18, 1985 6 Item II-F.3 PRESENTATION ITEM 24503 Mayor Heischober introduced Captain Sheldon L. Corner, Chairman of the MAYOR'S CODE OF ETHICS COMMITTEE. Captain Corner submitted to City Council a PROPOSED CONFLICT OF INTER.EST ORDINANCE, which included a CODE OF ETHICS. This Ordinance imposes a set of guidelines for public officials. The MAYOR'S CODE OF ETHICS COMMITTEE was comprised of the following members: Sheldon L. Corner Irvin A. Douglas Robert M. Galewski Robert G. Krebs Fred J. Noe With the exception of Fred Noe, all members of the COMMITTEE were in attendance and were recognized by Council. The documents entitled "PROPOSED CONFLICT OF INTERESTS ORDINANCE ABSTRACT", "MATTERS OF PERSONAL INTEREST", and "AN ORDINANCE REQUIRING DISCLOSURE OF INFORMATION AND OTHER MEASURES TO DEFINE AND IDENTIFY SITUATIONS WHICH GIVE RISE TO CONFLICT OF INTERESTS, AND UNETHICAL CONDUCT ON THE PARTS OF PUBLIC OFFICIALS OF THE CITY OF VIRGINIA BEACH, VIRGINIA", are hereby made a part of the proceedings. CITY OF VIRGINIA BF.ACH Annual Report of Disclosure of Matters of Significant Personal Interest Pursuant to the Code of Virginia Beach, Virginia, Section I hereby disclose all matters of significant personal interest, as defined in Section of the Virginia Beach Code, on my part, on the part of my pouse (if any), and on the part of any other relative residing in my household (if any), for calendar year 19 NAHE GOVERMENT POSITION H014E ADDRESS PHONE 1. FAMILY OR HOUSEHOLD MMERS NAME ADDRESS (if different) A. Spouse B. Children C. Any other relative residing in same household 2. BUSINESS OWNERSHIP OR PARTICIPATION A. Principal occupation or livelihood is: B. Business entities in which I am an officer, director or partner; and names of other officers, directors and partners (general partner in case of limited partnership): NAME ADDRESS OTHER OFFICERS, DIR., PARTNERS C. Business entities in which I own, or have an equity interest of 3% or more; and nature of business: NAME ADDRESS NATURE D. Clients or customers in Virginia who obtained or purchased during year from a business entity in which I am an officer, director, owner or part owner, agent, salesman, practitioner, associate or consultant: (1) Services in billing amounts of $10,000 or more: NAME ADDRESS (2) Products or materials in billing amounts of $30,000 or more: NAME ADDRESS E. Volunteer or non-profit organization(s) in which I am an officer, director, founder or paid employee: 2 3. INCOME Business entities from which I regularly derive or reasonably expect to derive income as an officer, director, owner or part owner or employee, in the form of salary, fees, commissions, rents, share of gross profits, or as property or the use of property: NAME ADDRESS 4. DEBTS (Other than those incurred in maintenance of household) Individuals or business entities to whom I, or my business entity, owe a debt (or debts) payable over a period longer than one year, including mortgage loan on residence(s): NAME ADDRESS 5. EF-AT- ESTATE A. I own the following real estate, either wholly or in part, in Virginia: KIND OR USE STREET ADDRESS LEGAL DESCRIPTION OF PROPERTY B. I purchased real estate in Virginia during the year from the following individuals, organizations or business entities: NAME ADDRESS C. I sold real estate in Virginia during the year to the following individuals, organizations, or business entities: NAME ADDRESS Location and Description of Properties Sold: 6. POLITICAL CONTLIBUTIONS Name of each individual, organization or business entity that contributed $500 or more to the campaign for my most recent election: 7. GIFTS Each individual, organization or business entity from whom I or any member of my family have received gift(s) during the year valued at $100 or more in the form of cash; merchandise (including clothing, furniture, jewelry, furs, works of art); in-kind satisfaction (including use of auto, dwell-ing, boat, airplane, vacation trips, reimbursement for expenses incurred on any City-sponsored official function, convention or meeting) or has forgiven a cash debt of $100 or more: NAME ADDRESS 8. Any other obligation or liability that would influence or sway my objective judgment: 4 I do solemnly swear or affirm that the foregoing information is full, true and correct to the best of my knowledge. Date Signature Signed and sworn to before me on the day of 1 19 _, in the City of Virginia Beach, Virginia. Notary Public My license expires on ? This information will be available to the public and will be maintained on file for five (5) years. 5 CITY OF VIRGINIA BEACH Supplementary Report of Disclosure of Matters of Significant Personal Interest NAME GOVERNMENT POSITION ROME ADDRESS PHONE Pursuant to the Code of Virginia Beach, Section I hereby amend the information disclosed by me in my last Disclosure Report submitted on (Note: Any changes in matters of significant personal interest are to be disclosed using this report form, within thirty (30) days). 1. Hatters which no longer apply to me are as follows: 2. NLw matters vhich now apply to me are as fol@s: I do solemnly swear or affirm that the foregoing information is full, true and correct to the best of my knowledge. Date Signature Signed and sworn to before me on the day of 19 in the City of Virginia Beach, Virginia. Notary Public My license expires on This information will be available to the public and will be maintained on file for five (5) years. CITY OF VIRGINIA BEACH Applicant's Disclosure Re@rt Pursuant to Code of Virginia Beach, Section whenever application is made for a change in zoning, waiver of zoning requirement, special use pemit, or for any ruling by City Council, Planning Commission, Board of Zoning Appeals, Wetlands Board or Development Authority, the person submitting the application must disclose, using this form, any personal interest in this application, that the applicant knows of, on the part of any public official who will be reviewing or acting on the application. This form shall be attached to your application for: 1. SUBMITTED BY: Name: Address: Phone: Date: 2. Your application will be reviewed and/or acted upon by the following office, department, commission, board and/or other city agency (city agency will ptovide this information to applicant): 3. NAMFS OF PUBLIC OFFICIALS serving in these agencies are as shown on the attached lists. 4. MATTERS OF PERSONAL INTEREST List the name(s) of any public official(s) who will review and/or act upon your application, who, either personally or through his or her business firm: A. FAMILY OR PERSONAL RFLATIONSHIP (1) Is related to you (If so, state relationship): (2) Is a close neighbor or personal friend: B. BUSINESS OWNERSHIP OR PARTICIPATION (1) Owns a,.iy share or has any equity interest in your business: (2) Is associated with you in your business in any other way (if so, how?): (3) From whom you have obtained or purchased during the past year*: (a) Services in billing amounts of $5,000 or more (b) Products or materials in billing amounts of $15,000 or more C. INCOIIE (1) Has been paid any salary, fee or commission by you during past year, or has received any share of your gross profits, or been compensate'd with property or the use of property, or has made a gain on any trade or transaction with you: (2) Rents property to you: D. DEBTS (Other than those incurred in maintenance of household) Owes you money: Past year means the elapsed time since January 1st of the preceding calendar year. 2 E. REAL ESTATE (1) Has bought real estate from you during past year (and location and description of real estate); (2) Has sold real estat; to you during the past year: F. POLITICAL CONTRIBUTIONS Has received from you a contribution to his most recent election campaign in an amount greater than $100: G. GIFTS Has received from you, during the past year, gift(s) valued at $100 or more, given in the form of; (1) Cash (2) Merchandise (e.g., clothing, furniture, jewelry, furs, works of art) (3) In-kind satisfaction (e.g., use of auto, dwelling, boat, airplane, vacation trips, reimbursement for expenses incurred on any city-sponsored official function, convention or meeting.) (4) Forgiven debt(s) of public official or any member of public official's family. H. OTHER Any other obligation or liability that you know of that might influence or sway the public official to decide for you or against you (give details and name of official): I do solemnly swear or affirm that the foregoing information is full, true and correct to the best of my knowledge. Date Signature 3 Signed and sworn to before me on the day of 1 19 in the City of Virginia Beach, Virginia. Notary Public My 3.icense expires on This information will be available to the public and will be maintained on file for five (5) years. NOTE TO AGENCY FIRST PROCESSING APPLICATION: Forward this disclosure report to City Clerk as soon as application is accepted for processing. 4 MMERSHIP OF CITY AGERCIES .neil Planninx Commission Mayor HarolA Heischober Thomas M. Ammons Vice-Mayor Reba McClanan Steve S. Atkinson John A. Baum Albert W. Balko Nancy A. Creech Kenneth D. Barefoot Robert E. Fentress Judith Dockery Barbara M. Henley Charles R. Kr,,-el H. Jack Jennings Richard-J. LaClaire Louis R. Jones Nancy Parker Robert G. Jones F. Donald Reid J. Henry McCoy James E. Snyder Meyera Oberadorf Daniel J. Arris Wetlands Board Boa Captain C. B. Dorchester Isdell L. Garland F. Thomas Holland Wil.Uam B. Smith Nancy Lowe Paul Sutton Jane Purrington John S. Waller Edward A. Barco Floyd Waterfield R. E. Dorer Colonel John T. Sprague Develovment Authority Robert W. Berry Van R. Cunningham Lawrence L. Joyner R. Dean Lee Harry R. Purkey City Manager Thomas Muehlenbeck Deputy City Manager for Development Aubrey Watts Assistant City Manager for Administrati6n Giles Dodd Assistant City Manager for Analysis and E. Dean Block Evaluation Assistant City Manager for Human Services Hector A. Rivera City Attorney J. Dale Bimson City Real Estate Assessor Jerald Banagan 7 Item II-G.1 MINUTES ITEM 24504 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council APPROVED the MINUTES of November 4, 1985, AS CORRECTED. Item No. 24465 - Page 17: ORDINANCE UPON APPLICATION OF C. E. BASNIGHT, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 TO A-1. The Description of HOP-IN FOOD STORES, INC. rather than the description of C. E. BASNIGHT, JR., was inadvertently substituted. (Same has been corrected in tbe original minutes). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Reba S. McClanan Council Members Absent: None November 18, 1985 8 Item II-G.2 MINUTES ITEM 24505 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council APPROVED CORRECTIONS to the MINUTES OF October 14, 1984: Item # 22648 - Page 21 - ORDINANCE UPON APPLICATION OF GRAYSON WHITEHURST, JR., FOR A CONDITIONAL USE PERMIT FOR A 250 UNIT RETIREMENT CENTER R01084675 The following condition was corrected: 1. A 50-foot landscaped buffer along the northern boundary adjacent to residentially zoned land AND a 150-foot setback for buildings @ twu -s-tartes-= t.fgt@@@ in excess of two stories. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Barbara M. Henley and Vice Mayor Reba S. McClanan Council Members Absent: None - 9 - Item II-G.3 PROCLAMATION !'ITEM # 24506 ADD-ON Mayor Heischober ANNOUNCED the City of Virginia Beach joined in a PRoCLAMATION for AMERICAN EDUCATION WEEK from November 17, 1985, through Novwnber 23, 1985. November 18 1985 - 10 - Item II-H.1 PUBLIC HEARING ITEM # 24507 Mayor Heischober DECLARED a PUBLIC HEARING on REVENUE SHARING. There being no speakers, the Mayor CLOSED the PUBLIC HEARING. item II-I.I.a/b/c/d. PUBLIC HEARING ITEM 24508 Mayor Heischober DECLARED a PUBLIC HEARING on the following: a. Change in General Obligation Bonding Authority. b. Special Tax on Real Property. c. Amortization of Non-Conforming Signs. d. Tree Protection. The following spoke concerning the LEGISLATIVE CHARTER CHANGES: Irvin A. Douglas, Council of Civic Organizations Walter Vargo, Citizens Action Coalition Rae H. LeSesne, concerned citizen Attorney Robert Cromwell, represented Atlas Sign Company There being no further speakers, the Mayor CLOSED the PUBLIC HEARING. November 18 1985 - 12 - Item II-I.I.e TREE PROTECTION ITEM # 24509 The City Manager introduced Jack Whitney, Chief of Comprehensive Planning, who presented a Report on TREE PROTECTION. Mr. Whitney advised a TASK FORCE had been established to investigate the problems in connection with the loss of trees during construction and development. Members of this TASK FORCE were comprised of individuals from the Departments of Agriucltural, Public Works, General Services, Permits and Inspections and Planning. Continued meetings are anticipated. The four factors requiring exploration were: (1) Drainage (2) Density of Develoment (3) Placement of Infrastructure. (4) Inadvertent damage during Construction Phases. The current Ordinance presently entails the Retention of Trees existing during costruction, not to replacement or additional plantings. The Task Force investigated sixteen locations throughout the country in determining their conclusions. A "Three Prong" approach to TREE PROTECTION is emerging: (1) Retention of existing trees. (2) Planting of new trees on a mandatory basis on City rights-of-way in new Subdivisions. (3) Replacement of trees which were in existence but lost during the process of development. Virginia Beach currently deals strongly with retention. Inspection and enforcement should be straightened considerbly involving EROSION AND SEDIMENTATION CONTROL. The City's efforts should be concentrated on administration and implementation. A requirement should be established concerning replacement of trees as an amendment to the Zoning Ordinance. An integral part of projects in the CAPITAL IMPROVEMENT PLAN should be the submission of landscaping plans. Parkway treatments for certain major arterials need to be established. - 13 - Item II-J.1 PLANNING ITEM # 24510 Tuck Bowie, Talbot and Associates, represented the applicant Attorney Hayden I. Dubay, resident of Shore Drive, spoke in OPPOSITION Upon motion by Councilman Louis Jones, seconded by Councilman Pentress, City Council ADOPTED an Ordinance upon application of HARRY SANDLER for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF HARRY SANDLER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO B-2 Z011851031 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upn application of Harry Sandler for a Change of Zoning District Classification from R-5 Residential District to B-2 Community-Business District located 70 feet more or less south of Shore Drive, 1570 feet more or less west of Baylake Road. Said parcel is known as Parcel C, Section 1, Bayville Park and contains 4530 square feet. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones November 18, 1985 - 14 - Item II-J.2 PLANNING ITEM # 24511 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of COASTAL INN ASSOCIATES T/A HOLIDAY INN EXIKCUTIVE CENTEP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF COASTAL INN ASSOCIATES T/A HOLIDAY INN EXECUTIVE CENTER FOR A CONDITIONAL USE PERMIT FOR FIFTY-TWO (52) ADDITIONAL MOTEL UNITS R01185794 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Coastal Inn Associates T/A Holiday Inn Executive Center for a Conditional Use Permit for 52 additional motel units (from 291 to 343 units) on certain property located on the east and south sides of Greenwich Road beginning at a point 685 feet east of Newtown Road. Said parcel contains 7 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones - 15 - Item II-K.1 PLANNING ITEM # 24512 Attorney Robert Cromwell represented the applicant The City Clerk referenced letters from the applicant, Dona McCloud and Wayne and June A. Vollmer in support of said Variance. (Said letters are hereby made a part of the record). Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council "PROVED a Variance upon application of DONA M. McGLOUD. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Dona M. McCloud. Property is located at 1356 Little Neck Road. Plats with more detailed information are available in tbe Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18 1985 - 16 - Item II-K.2 PLANNING ITEM # 24513 Richard Browner represented the applicant Regina B. Felipowski spoke in OPPOSITION A MOTION was made by Councilwoman Oberndorf, seconded by Councilman Baum to DEFER the application of HARRY S. AND JEAN W. ROGERS for a variance to Section 4.4(b) of the Subdivision Ordinance. A SUBSTITUTE MOTION was made by Councilman Jennings to APPROVE a Variance to Section 4.4(b) of the Subdivision Ordinance upon application of HARRY S. AND JEAN W. ROGERS. There being no SECOND, said motion FAILED. Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council DEFERRED for three weeks until the City Council Meeting of December 9, 1985, an Ordinance upon application of HARRY S. AND JEAN W. ROGERS for a Variance to Section 4.4(b) of the Subdivision Ordinance. Tbis application was DEFERRED for preparation and submission of a PROFFER to the City Attorney's Office stipulating a 15-foot Wooded Buffer Strip on the eastern property line. The exact location and perimeters of this Buffer shall be described in the Agreement. There will be an Access Easement across an existing driveway. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Harry S. and Jean W. Rogers. Property is located at 5613 Normandy Avenue. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones and Vice Mayor Reba S. McClanan* Council Members Abstaining: J. Henry McCoy, Jr., D.D.S. Council Members Absent: None *Verbal Nay - 1 7 - Item II-K.3 ITGEM # 24514 The City Clerk referenced a letter from Helfant Brothers Construction Housing Systems,Inc., dated November 13, 1985, requesting WITHDRAWAL of their application. (Said letter is hereby made a part of the record.) John Perry, represented the Coalition of Minority Civic Leagues and the Citizens Advisory Committee and spoke in OPPOSITION to the WITHDRAWAL. Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council DENIED the application of HOUSING SYSTEMS, INC. for a Variance to Section 4.4(b) of the Subdivision Ordinance. (NEWSOME FARM TARGET AREA) Appeal from Decisions of Administrative Officers in regard to cetain elements of the Subdivision Ordinance, Subdivision for Housing Systems, Inc. Parcel is located at 5536 Connie Lane. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. November 18 1985 - 18 - Item II-K.4 PLANNING ITEM # 24515 Attorney Grover Wright represented the applicant The City Clerk referenced the Opposition of LCDR Petrie as this application lies within the AICUZ area Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of THOMAS M. MALBON for a Change of Zoning from R-6 to A-2 as per the following: ORDINANCE UPON APPLICATION OF THOMAS M. MALBON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO A-2 Z011851032 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thomas M. Malbon for a Change of Zoning District Classification from R-6 Residential District to A-2 Apartment District on certain property located on the south side of Old Virginia Beach Road, 750 feet more or less east of North Birdneck Road. Said parcel contains 40,075 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. The applicant has voluntarily agreed to provide a noise and accident potential statement in the lease. Prior to the changing of the official zoning maps, the following requirement shall be met: Dedication of right-of-way along the frontage on Old Virginia Beach Road to provide for an ultimate 60-foot right-of-way. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech - 19 - Item II-K.5 PLANNING ITEM # 24516 Glen H. Russell, the applicant, repre,ented himself. Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of GLEN H. AND mARy RUSSELL for a Change of Zoning: ORDINANCE UPON APPLICATION OF GLEN H. AND MARY RUSSELL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO 0-1 Z011851033 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Gle, H. and Mary Ann Russell for a Change of Zoning District Classification from R_8 Residential Distri t to 0-1 Office District on the west side of South Lynnhaven Road, 50 feet north of Gator Street. Said parcels are located at 121 and 123 South Lynnhaven Road and contain 22,500 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. The applicant has voluntarily agreed to make attempts to combine curb cuts along South Lynnhaven Road with those on adjacent property. Prior to the changing of the official zoning maps, the follo,ing requirement shall be met: A dedication of right-of-way along the frontage of South Lynnhaven Road to provide for an ulti,,te 66-foot right-of-way as per the Master Street and Highway Plan and in accordan,e with the preliminary alignment on file in the City Engineer's Office. Councilman Jennings emphasized the CO-OPERATION of the ADJOINING Property Owners in attempting to combine CURB CUTS.(See Condition 1.) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, Nineteen Hundred and Ei e. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischobe,, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones. Council Members Absent: November 18, 1985 - 20 - Item II-K.6 PLANNING ITEM # 24517 Attorney Grover Wright represented the applicant Charles Pitts, resident of Prosperity Road spoke in OPPOSITION. A MOTION was made by Vice Mayor McClanan, seconded by Councilman Robert Jones to DENY an Ordinance upon application of SANDWICH ISLAND, INC. for a Change of Zoning District Classification from R-8 Residential District on a 9.5-acre parcel located at the northeast corner of General Booth Boulevard and Prosperity Road (Princess Anne Borough). Upon SUBSTITUTE MOTION by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of SANDWICH ISLAND, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF SANDWICH ISLAND, INC., FOR A CHANGE OF ZONING FROM R-8 TO B-2 Z011851034 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sandwich Island, Inc. for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located at the northeast corner of General Booth Boulevard and Prosperity Road. Said parcel contains 9.5 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, the following conditions shall be met: 1. Dedication of controlled access and scenic easements along the frontage on General Booth Boulevard in accordance with the Master Street and Highway Plan. 2. A dedication of right-of-way along the frontage on Prosperity Road, 25 feet from the centerline of the original right-of-way to provide for an ultimate 50-foot standard right-of-way. The following condition shall also be required: 1. A Voluntary Agreement encompassing restrictions as to the physical development of the property shall be recorded in the Clerk's Office of the Virginia Beach Circuit Court. (Said agreement is hereby made a part of the proceedings). 2. Applicant will coordinate planting of Crepe Myrtles along VEPCO right-of-way on General Booth Boulevard, This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, Nineteen Hundred and Eighty-five. November 18, 1985 - 21 - Item II-K.6 PLANNING ITEM # 24517 (Continued) Voting: 6-4 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Abstaining: Nancy A. Creech Council Members Absent: None November 18, 1985 SANDWICH ISLANDS, INC. TO (COVENANTS AND CONDITIONS CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of October, 1985, between SANDWICH ISLANDS, INC., a Virginia stock corporation, (Grantor) of the one part, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (Grantee) of the other part; WITNESSETH THAT: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from R-8 Residential District to B-2, Cormunity Business District, on certain property containing 9.5 acres, more or less, in Princess Anne Borough, in the City of Virginia Beach, Virginia, located on the northeast corner of General Booth Boulevard and Prosperity Road, said property being referred to hereinafter as "the property," and being generally described on the plat attached hereto entitled "PLAN OF PROPERTY OF CERTAIN PROPERTIE9 LOCATED AT NORTHEAST CORNER OF GENERAL BOOTH BOULEVARD AND PROSPERITY ROAD , " made by Gallup Surveyors & Engineers, Ltd@ated June 17, 1985 ; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of change, and the need for various types of uses, including commercial and retain establishments and uses, certain reasonable conditions governing the use of the C,Ro"'ri? C.IA;Vp@@IRfor the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and WHEREAS, the Grantor has voluntarily proferred in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 zoning district or zone by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proferred by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia, Section 15.1-431, which said ordinance or resolution shall 2 be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, his heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: No nightclub, tavern, bar or dance hall shall '-,e permitted on any portion of the property. A buffer strip 15 feet in width along tbe entire eastern boundary of the property shall be maintained in its natural treed state and no structures may be installed therein other than a solid privacy fence along the easternmost boundary and such necessary utilities and drainage as required by the grantee, so long as the adjacent property is zoned agricultural or residential. The grantor shall plant Crepe Myrtles in the scenic easement along General Booth Boulevard so as to beautify such easement in accord with the grantee's reasonable requirements. All references hereinabove to the B-2 and R-8 districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning ordinance of the City of Virginia Beach, Virginia, in force as of October 28, 1985, which is by this reference incorporated herein. 3 The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they may be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signature. SANDWICH ISLANDS, INC. BY: i Ln-4 President STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I , 5. @114,P,96A) a Notary Public in and for the State of Virg-inia at Large, do hereby certify t at -ThadzLooec- -b , whose name is signed as Presi ent o an3 L"qe1/2alf o the Grantor to the foregoing instrument bearing date on the 28th day of October, 1985, 4 has acknowledged the same before me in the city and state aforesaid. Given under my hand this /@ day of November, 1985. Notary iubl 1 c%/ my commission expires /)144 it )Jf@ 5 - 22 - Item II-K.7a. PLANNING ITEM # 24518 Attorney Charles Salle represented the applicant Gordon Rudolph, the applicant, was also in attendance Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of GORDON RUDOLPH for a Change of Zoning: ORDINANCE UPON APPLICATION OF GORDON RUDLOPH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Z011851035 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GORDON RUDOLPH for a Change of Zoning District Classification from R-6- Residential District to B-2 Community-Business District on certain property located at the northeast corner of Broad Street and Pennsylvania Avenue on Lots 1-23, Block 23, Euclid Place. Said parcels contain 1.57 acres. BAYSIDE BOROUGH. The following condition shall be required: 1. The applicant has voluntarily agreed to retain a 25-foot treed buffer along the eastern property line adjacent to single family residences. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, Nineteen Hundred and Eighty-five. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and M6yera E. Oberndorf Council Members Voting Nay: Vice Mayor Reba S. McClanan Council Members Absent: None November 18, 1985 - 23 - Item II-K.7b PLANNING ITEM # 24519 Attorney Charles Salle' represented the applicant Gordon Rudolph, the applicant, was also in attendance Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED an Ordinance, subject to final approval in 180 days, of an Ordinance closing, vacating and discontinuing a portion of Pennsylvania Avenue in the petition of GORDON RUDOLPH: Application of Gordon Rudolph for the discontinuance, closure and abandonment of a portion of Pennsylvania Avenue beginning at the northern boundary of Broad Street and running in a northerly direction to the southern boundary of Jeanne Street (formerly Douglas Street) as shown on plat entitled "Plat of Euclid Place" and recorded in the Clerk's Office of the Circuit Court in map book 4, Page 62. Said parcel is 50 feet in width and contains 28,500 square feet more or less. BAYSIDE BOROUGH The following conditions shall be required: 1. Resubdivision of the property to incorporate the closed area into adjoining parcels and to insure that all lots have access to a public street. 2. Closure of this right-of-way shall be cotingent upon the compliance with the above stated condition within 180 days of the approval by City Council. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Vice Mayor Reba S. McClanan Council Members Absent: None - 23a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS PENNSYLVANIA AVENUE, LOCATED IN THE BAYSIDE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, 'PLAT OF EUCLID PLACE', WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN 14AP BOOK 4, AT PAGE 62. WHEREAS, it appearing by affidavit that proper notice has been given by Gordon Rudolpb, tbat he would make application to the Council of the City of Virginia Beach, Virginia, on October 28, 1985, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: ALL THAT portion of Pennsylvania Avenue lying north of the northern right-of-way line of Broad Street and south of the southern right-of-way line of Douglas Street as shown on that certain plat entitled, 'Plat of Euclid Place", recorded in the office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in map Book 4 at Page 62. November 18 1985 - 23b - SECTION II A certified copy of this ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the city of Virginia Beach, as grantor. SECTION III APPROVED -- November 18, 1985 - 24 - Item II-K.8 PLANNING ITEM # 24520 The following spoke in support of the applicant: Attorney R. J. Nutter represented the applicant Eileen Frye, resident of Cape Story Mary Nielsen, Resident of Cape Story Christine Martin, Norfolk Teacher Gilbert Yochum, resident of Cape Story Patricia A. Bradford, the applicant, registered but did not speak Ronald W. Makela, resident of Cape Story, distributed information relative the City and State Code concerning child care which indicate conflict (said information is hereby made a part of the record). He indicated the sign was removed after the Planning Commission Hearing. Letters received in support of this application from Mr. and Mrs. E. L. Baker, Frederick W. Wood, Sr., Philip and Kathryn Little, and J. J. Siebert are hereby made a part of the record. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of PATRICIA A. BRADFORD for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF PATRICIA A. BRADFORD FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (day care) R01185795 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Patricia A. Bradford for a Conditional Use Permit for a home occupation (day care) on Lot 133, Cape Story by The Sea. Said parcel is located at 2132 Bayberry Street and contains 6900 square feet. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Approval is for a period of one (1) year. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, Nineteen Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None N - 25 - Item II-K.9 ITEM # 24521 Beth Rodriguez registered OPPOSITION but did not speak Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council DENIED an Ordinance upon application of CARR-DAVIS, INC. for a Change of Zoning. ORDINANCE UPON APPLICATION OF CARR-DAVIS, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 Ordinance upon application of Carr-Davis, Inc., for a Change of Zoning District Classification from R-8 Residential District to B-2 Community Business on certain property located at the southeast corner of Oceana Boulevard and Virginia Beach Bouelvard. Said parcel contains 21,780 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 - 26 - Item II-K.10 PLANNING ITEM # 24522 Robert Finkbeiner and Beth Rodriguez registered OPPOSITION but did not speak Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council DENIED Ordinances upon application of NOVELLA PROPERTIES for Changes of Zoning. ORDINANCE UPON APPLICATION OF NOVELLA PROPERTIES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 Ordinance upon application of Novella Properties for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Buginess District on certain property located 155 feet more or less south of Virginia Beach Boulevard beginning at a point 223.10 feet east of Oceana Boulevard. Said parcel is part of Lot 40, Oceana Gardens, and contains 20,248.07 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. A N D, ORDINANCE UPON APPLICATION OF NOVELLA PROPERTIES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO B-2 Ordinance upon application of Novella Properties for a Change of Zoning District Classification from 0-1 Office District to B-2 Community-Business District on certain property located on the east side of Oceana Boulevard, 135 feet south of Virginia Beach Boulevard. Said parcel is part of lot 40, Oceana Gardens, and contains 22,803.05 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. November 18, 1985 - 27 - Item II-K.10 PLANNING ITEM # 24523 Voting: 10-0 Council Members Voting Aye: Nancy A. Creecb, Robert E. Fentress, Mayor Harold Heiscbober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum - 28 - Item II-K.11 PLANNING ITEM # 24524 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance, AS AMENDED, to amend and reordain Article 4, Sections 402(c) and 412(c) of the Comprehensive Zoning Ordinance pertaining to Front Yard Setbacks. This word "proposed" shall be added after the words "fifty (50) feet from such" under Section (c) of both paragraphs: "...fifty (50) feet from such proposed street or highway." Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None N 18 1--@ AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4, SECTIONS 402(c) AND 412(c) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO FRONT YARD SETBACKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 4, Section 402(c) of the C.Z.O. be amended and reordained in part as follows: (c) the minimum front yard setback shall be not less than fifty (50) feet; provided that, where a front yard adjoins a major street or highway which is designated on the official transportation plan, such front yard setback shall be not less than right-ef-way-line fifty (50) feet from such proposed street or highway. That Article 4, Section 412(c) of the C.Z.O. be amended and reordained in part as follows: (c) the minimum front yard setback shall be not less than fifty (50) feet; provided that, where a front yard adjoins a major street or highway which is designated on the official transportation plan, such front yard setback shall be not less than right-ef-way-+ine fifty (50) feet from such proposed street or highway. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of November 1985. GLF/rab 8/21/85 11/19/85 (ORD.A) - 29 - Item II-L.1 RESOLUTIONS ITEM # 24525 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED Resolution requesting the Virginia General Assembly inrease the City of Virginia Beach's CHARTER BOND LIMIT Voting: 6-5 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Louis R. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: None RESOLUTION WHEREAS, it is the opinion of City Council that certain changes be made to the Charter of the City of Virginia Beach; and WHEREAS, in order to make these changes, legislative action is required by the General Assembly to accomplish these purposes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Assembly of Virginia is requested to make a change to Section 6.05:1 of the Charter of the City of Virginia Beach to read as follows: No bonds of the city shall be issued until their issuance shall have been authorized by an ordinance adopted by the affirmative vote of two-thirds of all members of the council and approved by the affirmative vote of a majority of the qualified voters of the city voting on the question at an election called and held for the purpose in the manner provided by law for submitting any question or proposition to the voters; provided that bonds and other obligations shall not be subject to the foregoing requirements if they are (a) of a type excluded from the computation of indebtedness of cities and towns under section 10(a) of article VII of the Constitution and are authorized and issued so as to satisfy the conditions for exclusion set forth therein or (b) refunding bonds; provided, further, that the council may, without submitting the question of their issuance to the qualified voters, issue bonds or other obligations in any calendar year for any proper purpose in such amounts as shall not increase the total indebtedness of the city, as determined in the manner set forth in section 10(a) of article VII, by more than ten million dollars in 1974 inflation adjusted dollars as determined from the Consumer Price Index Ui;ban (CPIU) issued by the United State Department of Commerce in December 1985, above the amount o@- such indebtedness at the beginning of such calendar year. This limit will be thereafter adjusted in each following year to reflect any increase in the Consumer Price Index Urban in September of that year. This increased authority shall expire July 1, 1996, and revert to 10 million dollars plus debt retired in that year unless extended by the General Assembly. For the purposes of this paragraph, the terms, "bonds," "other obligations" and "indebtedness" shall not include contractual obligations of the city other than bonds and notes. For purposes of the amounts of bonds or other obligations that may be issued in any calendar year without an election, there shall not be included (i) bonds or other obligations that were approved at an election and (ii) refunding bonds in each case issued in such year. Authorized bonds or other obligati-o,-).s which could have been issued without an election on December thirty-one in the year they were authorized may be issued in a subsequent year without affecting the annual limitation for such subsequent year. The total indebtedness of the city as determined in accordance with the idrovidisions of article VII, section 10 of the Constitution shall not at any time exceed ten per centum of the assessed valuation of the real estate in the city sub-,Iect to taxation, as shown by the last preceding assessment for taxes, nor shall the limitations imposed by the preceding paragraph on the issuance of bonds or other obligations in any calendar year without a referendun be increased, until after such questions shall have been submitted to the voters of the city in a referendum held pursuant to section 3.09 of this Charter. ADOPTED: November 18, 1985 JDB: j h 11/6 /85 -2- - 30 - Item II-L.2 RESOLUTIONS ITLM # 24526 Upon motion by Councilman Fentress, seconded by Councilman Robert Jones, City Council ADOPTED: Resolution requesting the Virginia Beach General Assembly AMEND the Charter of the City of Virginia Beach by adding thereto a new Section 2.02(h) pertaining to SPECIAL SERVICE DISTRICT for the Oceanfrout Resort Areas. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: None A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO AMEND THE CHARTER OF THE CITY OF VIRGINIA BEACH BY ADDING THERETO A NEW SECTION 2.02(h) PERTAINING TO SPECIAL SERVICE DISTRICT FOR THE OCEANFRONT RESORT AREA WHEREAS, it is the opinion of the Council of the City of Virginia Beach that certain changes be made to the Charter of the City of Virginia Beach; and WHEREAS, in order to make these changes, legislative action is required by the General Assembly to accomplish these purposes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Assembly is requested to amend Section 2.02, Additional Powers, of the Charter of the City of Virginia Beach, Virginia, by adding a new subparagraph (h) to read as follows: (h) Special Service District. A special service district of the oceanfront resort area of the City of Virginia Beach shall be created by the governing body of the City of Virginia Beach upon petition of fifty percent of the property owners of the proposed district. The petition shall define the boundaries of the proposed district, which shall be limited in area to the oceanfront resort district, but need not be limited to properties abutting the boardwalk, the oceanfront or Atlantic Avenue. Upon the filing of such petition, the governing body shall fix a date for a public hearing on the question of the proposed service district, which hearing shall embrace a consideration of whether the property within the proposed district will be benefited by the establishment thereof. Notice of such hearing shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation in the City of Virginia Beach, and the hearing shall not be held sooner than ten days after completion of such publication. After creating the special service district, the city council shall have the following powers and duties with respect to the service district: 1. To construct, maintain, and operate such facilities and equipment as may be necessary or desirable to provide additional governmental services and facilities, including but not limited to relocating and undergrounding of utility lines and poles, landscaping, boardwalk and beach improvements, recreational facilities, parkinq facilities, promotion of the business district, and sidewalks and pedestrian malls for the use and benefit of the public in such service district. 2. To acquire by gift, condemnation, purchase, lease, or otherwise and to maintain and operate any such facilities and equipment as may be necessary and desirable to provide such additional governmental services in such district, and to acquire by gift, condemnation, purchase, lease, or otherwise, rights, title, interest, or easements therefor in and to real estate in such service district. 3. To contract with any person, firm, corporation, or political subdivision to provide such additional governmental services or facilities in such district and to construct, establish, maintain, and operate any such facilities and equipment, as may be necessary and desirable in connection therewith. 4. To authorize the city manager to employ and fix the compensation of any technical, clerical, or other personnel which may be necessary or desirable from time to time to provide such additional governmental services in such district or for the construction, operation, or maintenance of any such facilities and equipment as may be necessary or desirable in connection therewith. -2- 5. To levy and collect an annual tax upon any property in such service district subject to local taxation to pay, either in whole or in part, the expenses and charges for providing such additional governmental services or facilities in such district and for constructing, maintaining, and operating such facilities and equipment as may be necessary and desirable in connection therewith, provided that the preceeds from such annual tax shall be so segregated as to enable the same to be expended in the district from which collected. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of November 198 5. GLF/rab 11/13/85 (RES.4) -3- - 31 - Item II-L.3 RESOLUTION ITEM # 24527 Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City Council DEFERRED for additional clarification: Resolution requesting the Virginia General Assembly AMEND the City Charter to allow the establishment by ordinance of City-wide reasonable ruler., regulations and schedules for the AMORTIZATION OF NON-CONFORMING SIGNS' Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 32 - Item II-L.4 RESOLUTIONS ITEM # 24528 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED: Resolution requesting the Virginia General Assembly AMEND the Virginia Beach Charter to allow local option to establish standards for TREE PROTECTION Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None R E S 0 L U T I 0 N WIIEREAS, it is the opinion of the Council of the City of Virginia Beach that certain changes be made to the Charter of the City of Virginia Beach; and WI-IEREAS, in order to make these changes, legislative action is required by the General Assembly to accomplish these purposes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Assembly is requested to make a change to Section 2.02, Additional Powers, of the Charter of the City of Virginia Beach, Virginia, by broadening the powers and adding a new subparagraph (g) to read as follows: (g) Tree protection. To establish by ordinance reasonable rules and regulations to prohibit the unnecessary removal of trees in the City of Virginia Beach, and to establish by ordinance reasonable rules, regulations and schedules for the replacement of trees that are (1@s ed through the develop- r.ient process. This includes the protection of heritage or species trees. Adopted by the Council of the City of Virginia Beach, Virginia, on 18th day of November 1 19 85. - 33 - Item II-L.5 RESOLUTIONS ITEM # 24529 Giles Dodd, Assistant City Manager for Administration, advised as per direction of City Council, negotiations had been pursued with CRAIGIE, INCORPORATED. The City has also consulted the State Council on Local Debt who has approved the refunding of $24,360,000 GENERAL OBLIGATION BONDS. Steven Peyser, Assistant Vice President, Government Finance Associates, Inc. advised his firm was in favor of this proposal. A Document entitled "$24,360,000 CITY OF VIRGINIA BEACH, VIRGINIA GENERAL OBLIGATION REFUNDING BONDS, SERIES of 1985" is hereby made a part of the record. Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council ADOPTED: Resolution authorizing the issuance, sale and award of $24,360,000 GENERAL OBLIGATION REFUNDING BONDS, Series of 1985. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None 33a At a regular meeting of the City Council of Virginia Beach, Virginia, held on the 18th day of November, 1985, at which the following members were present and absent: IIPES Jorin In'aum Nancy A. Creech Robert E. Fentress Mayor Harold Heischober Barbara M. Henley H. Jack Jennings, Jr. Louis R. Jones Robert G. Jones Vice Mayor Reba S. McClanan J. Henry McCoy, Jr., D.D.S. Meyera E. Oberndorf ABSENT: None the following resolution was adopted by the affirmative roll call vote of a majority of all members of the City Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE John A. Baum Aye Nancy A. Creech Aye Robert E. Fentress Aye Mayor Harold Heischober Aye Barbara M. Henley Aye H. Jack Jennings, Jr. Aye Louis R. Jones Aye Robert G. Jones Aye Vice Mayor Reba S. McClanan Aye J. Henry McCoy, Jr., D.D.S. Aye Meyera E. Oberndorf Aye RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND AWARD OF $24,360,000 GENERAL OBLIGATION REFUND- ING BONDS, SERIES OF 1985, OF THE CITY OF VIR- GINIA BEACH, VIRGINIA, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND PROVIDING FOR THE REFUNDING, IN PART, OF THE CITY'S $17,500,000 PUBLIC IMPROVEMENT BONDS, SERIES OF 1980, $18,300,000 PUBLIC IMPROVEMENT BONDS, SE- RIES OF 1981, AND $13,200,000 ROAD BONDS, SERIES OF 1981 -2 - WHEREAS, there are outstanding $16,155,000 of the $17,500,000 Public improvement Bonds, Series of 1980, of the City of Virginia Beach, Virginia (the City), authorized by an ordinance adopted by the City Council on January 21, 1980; WHEREAS, there are outstanding $16,900,000 of the $18,300,000 Public Improvement Bonds, Series of 1981, of the City authorized by ordinances adopted by the City Council on April 6, 1981, September 14, 1981, and November 2, 1981; WHEREAS, there are outstanding $12,185,000 of the $13,200,000 Road Bonds, Series of 1981, of the City authorized by an ordinance adopted by the City Council on August 27, 1980, and was approved by the qualified voters of the City at an election held on November 4, 1980; WHEREAS, it appears that the City can effect consider- able savings by issuing refunding bonds in the amount of $24,360,000 to refund $8,710,000 of the $17,500,000 Public Im- provement Bonds, Series of 1980, which mature on December 1, 1985, and on or after December 1, 1992, $9,100,000 of the $18,300,000 Public Improvement Bonds, Series of 1981, which ma- ture on December 1, 1985, and on or after December 1, 1992, and $6,550,000 of the $13,200,000 Road Bonds, Series of 1981, which mature on December 1, 1985, and on or after December 1, 1992 (the Refunded Bonds), and to pay costs to be incurred in con- nection with the refunding, and by calling for redemption such bonds which mature on or after December 1, 1982; -3 - WHEREAS, the issuance of such refunding bonds has been approved by, the State Council of Local Debt as required by Sec- tion 15.1-193, Code of Virginia of 1950, as amended; and WHEREAS, a representative of Craigie Incorporated has presented a purchase agreement dated the date hereof to pur- chase the City's general obligation refunding bonds in the principal amount of $24,360,000, a copy of which is attached hereto as Exhibit A, and representatives of Government Finance Associates, Inc. and Government Finance Research Center (the Financial Advisors) have recommended that the City accept the proposal of Craigie Incorporated; BE !T RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIR- GINIA BEACH, VIRGINIA: 1. It is hereby determined to be in the best interest of the City to issue $24,360,000 general obligation refunding bonds of the City to refund the Refunded Bonds. 2. After consideration of the methods of sale of bonds and the current state of the municipal bond market, it is hereby determined to be in the best interest of the City to ac- cept the proposal of Craigie Incorporated to purchase the bonds for resale to the public, and the bonds are hereby awarded to Craigie Incorporated in accordance with the terms of its pur- chase agreement. The City Manager is hereby authorized to exe- cute such agreement and deliver it to Craigie Incorporated. -4- 3. The bonds shall be designated "General Obligation Refunding Bonds, Series of 1985," shall be dated November 15, 1985, shall be in fully registered form, in denominations of $5,000 and multiples thereof, and shall be numbered appropri- ately. The bonds shall mature in installments on December 1 in years and amounts as follows: Year Amount Year Amount 1986 $ 320,000 1992 $ 3,915,000 1987 330,000 1993 3,860,000 1988 350,000 1994 3,785,000 1989 370,000 1995 3,700,000 1990 385,000 1996 3,545,000 1991 415,000 1997 3,385,000 Each bond shall bear interest at the annual rate specified in Exhibit A, payable semiannually on June I and December 1, be- ginning June 1, 1986, (a) from November 15, 1985, if it is au- thenticated prior to June 1, 1986, or (b) otherwise from the June 1 or December 1 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest there- on is in default, in which case such bond shall bear interest from the date to which interest has been paid). Principal and premium, if any, shall be payable to the registered owners upon surrender of bonds as they become due at the corporate trust office of Citibank, N.A., New York, New York (the Registrar). Interest shall be payable by check or draft mailed to the recj- istered owners at their addresses as they appear on the regis- tration books kept by the Registrar. Principal, premium, if -5 - any, and interest shall be payable in lawful money of the Unit- ed States of America. 4. Bonds maturing on or before December 1, 1995, are not subject to redemption prior to maturity. Bonds maturing on or after December 1, 1996, are subject to redemption prior to maturity at the option of the City on or after December 1, 1995, in whole at any time or in part on any interest payment date, upon payment of the principal amount of the bonds to be redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-quarter of one percent (1/4 of 1%) of such principal amount for each six-month period, or part thereof, between the redemption date and the stated ma- turity dates of the bonds, or portions thereof, to be redeemed. If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City's chief fi- nancial officer in such manner as he may determine to be in the best interest of the City, each portion of $5,000 principal amount being counted as one bond for such purpose. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by regis- tered or certified mail not less than 30 nor more than 60 days prior to the redemption date to the registered owners thereof. If a portion of a bond is called for redemption, a new bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof.' -6- 5. The bonds shall be signed by the facsimile signa- ture of the Mayor, shall be countersigned by the facsimile sig- nature of the Clerk, and a facsimile of the City's seal shall be printed thereon. No bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 6. The bonds shall be in substantially the following form: REGISTERED REGISTERED No. R-- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Genera INTEREST RATE TIATURITY DATE DATE OF ORIGINAL ISSUE CUSIP % December 1, November 15, 1985 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the City), for -7- value received, hereby promises to pay, upon surrender hereof at the corporate trust office of Citibank, N.A., New York, New York (the Registrar), to the registered owner hereof, or regis- tered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior re- demption as hereinafter provided, and to pay interest hereon semiannually on each June 1 and December 1, beginning June 1, 1986, at the annual rate stated above. Interest is payable (a) from November 15, 1985, if this bond is authenticated prior to June 1, 1986, or (b) otherwise from the June 1 or December 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in de- fault, in which case this bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the person shown as owner hereof at his address as it appears on the registration books kept by the Registrar on the 15th day of the month preceding each interest payment date. Principal, premium, if any, and interest are pay- able in lawful money of the United States of America. THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE RE- VERSE HEREOF, AND SUCH CONTINUED PROVISIONS SHALL FOR ALL PUR- POSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE HEREOF. All acts, conditions and things req.i,:@d by the Consti- tution and statut@. Of the Commonwealth of virginia to happen, ellist or be Performeci Precedent to and in the is suance of this bond have happened, exist ancl have been performed, and th, issue of bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and the, limit Prescribed by the Constitution and statutes of the Com- monwealth of Virginia. This bond shall not be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the CitY Of Virginia Beach, Vir- ginia, has caused this bond to be signed by the facsimile sig- nature Of its Mayor, to be countersigned by the facsimile sig- nature Of its Clerk, a facsimile of its seal to be printed hereon, and this bond to be dated November 15, 1985. COUNTERSIGNED: Clerk (SEAL) V,@ C'.ty of Vlrg-l-,- Beah, ayor' Clty of Vlrg@--- Bah, @ @a V-119--,a Date Authenticated: CERTIFICATE OF AUTHENTICATION This bond is one of the boncls described in the within- mentioned resolutio,. CITIBANK, N.A., Registrar By Authorized Signature (Reverse of Bond) ADDITIONAL BOND PROVISIONS This bond is one of an issue of $24,360,000 General Ob- ligation Refunding Bonds, Series of 1985, of like date and tenor, except as to number, denomination, rate of int,,e,t, privilege of redemption and maturity, issued pursuant to a res- olution adopted by the City Council on November 18, 1985, and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the P,bli, Finance Act to refund $8,710,000 of the City's $17,500,000 Public Improvement Bonds, Series of 1980, authorized by an ordinance adopted by the City Council on January 21, 1980, $9,100,000 of the City's $18,300,000 Public Improvement Bonds, Series of 1981, autho- rized by ordinances adopted by the City Council on April 6, 1981, September 14, 1981, and November 2, 1981, and $6,550,ooo of the City's $13,200,000 Road BondS, Series of 1981, autho- rized by an ordinance adopted by the City Council on August 27, 1980, and approved at an election held on November 4, 1980. Bonds maturing on or before Decemb,r 1, 1995, are not subject to redemption prior to maturity. Bonds maturing on or -10- after December 1, 1996, are subject to redemption prior to ma- turity at the option of the City on or after December 1, 1995, in whole at any time or in part on any interest payment date, upon payment of the principal amount of the bonds to be re- deemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-quarter of one percent (1/4 of 1%) of such principal amount for each six-month period, or part thereof, between the redemption date and the stated maturity dates of the bonds, or portions thereof, to be redeemed. if less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City's chief financial officer in such manner as he may determine to be in the best interest of the City, each portion of $5,000 principal amount being counted as one bond for such purpose. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by registered or certified mail not less than 30 nor more than 60 days prior to the redemption date to the registered owner of each bond to be redeemed at his address as it appears on the registration books kept by the Registrar. If a portion of this bond is called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to the registered owner upon the surrender hereof. The full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and inter- est on this bond. The bonds are issuable as fully registered bonds in denominations of $5,000 and multiples thereof. Upon surrender of this bond at the corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate and deliver in exchange, a new bond or bonds having an equal aggre- gate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and reg- istered in names as requested by the then registered owner hereof or his duly authorized attorney or legal representative, all subject to the limitations and conditions provided in the resolution authorizing the issuance of the bonds. Any such ex- change shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and -12- powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the 15th day of the month preceding each interest payment date. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), as- sign(s) and transfer(s) unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: (Please print or type name and address, including postal zip code, of Transferee) the within bond and all rights thereunder, hereby irrevocably constituting and appointing I Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises, Dated: 13 - Signature Guaranteed NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by a member firm of the New York Stock NOTICE: The signature above Exchange or a commercial bank must correspond with the name or trust company. of the registered owner as it appears on the front of this bond in every particular, without alteration or enlarge- ment or any change whatsoever. 7. The full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and inter- est on the bonds. Unless other funds are lawfully available and appropriated for timely payment of the bonds, the City Council shall levy and collect an annual ad valorem tax over and above all other taxes authorized or limited by law on all taxable property in the City sufficient to pay the principal of and interest on the bonds, as the same become due and payable. 8. The Registrar shall maintain registration books for the registration of bonds. Upon surrender of any bond at the corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney oi: legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate and deliver in exchange, a new bond or bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as -14- requested by the then registered owner thereof or his duly au- thorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the 15th day of the month preceding each interest payment date. 9. The City Manager, in collaboration with representa- tives of the Financial Advisors and Craigie Incorporated, is hereby authorized and directed to complete the draft Official Statement, copies of which have been provided to members of the City Council, as the City's Official Statement pursuant to which the bonds shall be offered for sale. The City Manager shall arrange for the delivery to Craigie Incorporated of a reasonable number of copies of the Official Statement for de- livery to each person to whom it initially sells the bonds. 10. The City Manager and the City Treasurer, or either of them, are hereby authorized and directed to execute an Es- crow Deposit Agreement between the City and Bank of Virginia Trust Company, Richmond, Virginia, as Escrow Agent, providing for the irrevocable deposit of proceeds of the bonds and other funds provided by the City sufficient, when invested in obliga- tions of the United States Gover=ent, to provide for payment of principal of and interest on the Refunded Bonds. The Escrow Deposit Agreement shall be in such form as shall be approved by the City Attorney and bond counsel for the City. 11. The City Treasurer is hereby authorized and di- rected to provide for the deposit of the amount specified by the City Manager in a special fund to be used for payment of the costs of issuance of the bonds and to provide for the de- livery of the balance of the proceeds of the bonds to the Es- crow Agent for deposit in the escrow fund established by the Escrow Deposit Agreement. The City Treasurer is further autho- rized and directed to take all such further action as may be necessary or desirable in connection with the payment and re- demption of the Refunded Bonds. 12. The Mayor, the City Manager and the Clerk are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to Craigie Incorporated upon payment therefor. 13. All other actions of officers of the City in con- formity.with the purposes and intent of this resolution and in -16- furtherance of the issuance and sale of the bonds are hereby approved and confirmed. 14. The City represents that there have not been is- sued, and covenants that there will not be issued, any obliga- tions that would be treated as part of the same issue of obli- gations as the bonds within the meaning of Treasury Regulations Section 1.103-13(b)(10). 15. Such officers of the City as may be requested are hereby authorized and directed to execute an appropriate cer- tificate setting forth the expected use and investment of the proceeds of the bonds in order to show that such expected use and investment will not violate the provisions of Section 103(c) of the Internal Revenue Code of 1954, as amended, and regulations issued pursuant thereto, applicable to "arbitrage bonds." Such certificate shall be in such form as may be re- quested by bond counsel for the City. 16. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 17. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the City Council of Virginia Beach held on the 18th day of November, 1985, and of the whole thereof so far as applicable to the matters referred to in such extract. -17- WITNESS my signature and the seal of the City of Vir- ginia Beach, Virginia, this /,? @ day of November, 1985. (SEAL) l.rk, City o Virginia Draft of 11/11/85 [Letterhead of Huntc)n & lqiliiams] NoveiribL r 1985 Mayor and Council CitY of Virginia Beach, Virginid CiLY of Virginia Beach, Virginia $24,360,000 Refunding Borids S"rl.@s of 1985 GentIL-men: We have L-Xamitied clrtified copils Of procel@dings and other papers relating tO the issuance of $24,360,000 G,,,r,l Obligation Refuriding Bonds, Series of 1985, of ttll City of Vir- ginia Beacn, Vir(ginid, ddted November 1, 1985, and bearing 1 rI terest payabIL slmiannually ori June I and December 1 beginning June 1, 1906, at ratls and maturing in installments 0ti DecembLr I in years arli amounts, a5 follc)WS; Year Amount Rate Year Ai,,iount Rate 1986 $ % 1 99 2 $ 1987 1 99 3 1988 1 994 1 98 9 1995 1 990 1 99 6 1991 1 99 7 The bonds are issuable as fully registered bonds in denomina- tions of $5,000 aiid multiples thereof. Bonds maturing oil or after December 1, 1996, are subject to redemption prior to ma- turity at the option of the City on or after December 1, 1995, in whole at any time or in part on any interest payment date, irl the manner and upon the terms and conditions set forth therein. The bonds recit@ that they arL- issued to refund $8,710,000 of the City's $17,500,000 Public Improvement Borids, Series of 1980, authorized by an ordinance adopted by the City Council ori January 21, 1980, $9,100,000 of the 'Zity's $18,300,000 Public Improvement Bonds, Series of 1981, autho- rized by ordinances adopt@d by the City Council oil April 6, 1981, September 14, 1981, and Nove.,nber 2, 1981, and $6,550,000 ot tht2 City's $13,200,000 Road Bonds, Series of 1981, autho- rized by an ordinance adopted by the City Couricil on August 27, 1980, arid dpproved ar an election held on Nove,-,ibec 4, 1980. Mayor and Couricil Page 2 Novemb--r -, 1985 The bonds are issued pursuant to a resolution adopted by the City Council ori November 18, 1985, and the Constitution and statutes of the Cummoriwealth of Virginia, including the CiLy Charter and thke Public Fifiance Act. ',4e have examined tlie form of the bonds. We have relied on (1) the mathematical calculations performed by in establishing the "permitted yield," as detined in ecciorl 103(c) of the Internal Revenue Code ot 1954, as amended, on certain obligations acquirf--d 1/211th the pro- ceeds ot the bonds and (2) representatioris by the City that there have not be@!n issued, and will not be issued, any obliga- tion ttiit would be treated as part of the same issue of obliga- tions as the bonds within the meaning of Treasury Regulations Section 1.103-13(b)(10). In our opinion the bonds have been authorized and is- sued in accordance with the Constitution and statutes of the Commoriwealth of Virginia and curistitute valid and legally bind- ing obligations of the City, and its Council is authorized and required by law, unless other funds are lawfully available and appropriated for timely payment of the burids, to levy alid col- lect an annual ad valorem tax, without limitation as to rate or amouiit, on all locally tdxable property in the City sufficient to pay ttie priricipal ot and interest on the bonds, as the same become due. Tne right to eriforce payment of the bonds may be limited, however, by bankruptcy, insolvency, reorganization, moratorium and similar laws and equitable principles, which may limit the spucitic enforcement ot certain remedies. It is also our opinion that under existing statutes and court decisions, interest ori the bonds will be exl-mpt from all Federal income taxes and from taxation by the Commonwealth of Virginia. Our services as bund courisel to the City have been lim- ited to rendering the foregoing opinion based on our review of such legal proceedings as we deem necessdry to approve the va- lidity of the bonds and the tax-exempt status of the interest thereon. We have not made any investigation concerning the fi- nancial resources of the City, and therefore we express no opinion as to the ac--uracy or completeness of any information that may have been relied upon by anyone in makihg the decision to purchase bonds. Very truly yours, Treasury Regulations SS 1.103-13(b)(10) (10). Isstie. (i) T-o or more obligations are part of the same "issue" if the obligations' (A) Are issued at substantially the same time, (B) Are sold pursuant to a common piiti of financing, and (C) Will be paid out of substantially the same sourc, of funds (or @ill ha ve substantiativ the same claim to be paid out of substantially the same source of funds). All other facts (such as whether the obligations are offered bv the same official statement or are sold under the same indenture) are irr-elevant for purposes of this subparagtaph. (ii) The f-ilowin@ examples illustrate the application of this SUbparagraph: series A reve E--Ple (1). On JanuarY 1, 1980, city T issues $lo,ooo,ooo of nue bonds and o@ fanuary 7, 1980, city T i@su,s $5,000,000 of series B revenue b ... d,. The se@ies A and series B bonds are sold Pursuant to a common plan of financing and both will be paid solely out of 'revenues of the city T water works. Ba,,d on these facts, the series A nd series B bonds are all part of one issue. .EiramPle (2). Th@ facts are the same as in example (1), except that the series B bonds are si)ecial obligation bonds and will be paid o-ut Of interest on Treasury obli 'aions. Because the series A and c!ri,s B bonds will not be paid f,Om @h@ saine source of funds, they are treated as separate issues. NCI@, $24,364D,000 CITY OF VIRGINIA BEACH, VIRCINIA General Obligation Refunding Bonds Series of 1985 Bond Pur@se Contract November-, 1985 Richmond, Virginla Honorable Mayor and %Iembers of The Council of the City of Virginia Beach, Virginia Mayor Heischober, Ladies and Gentlemen- Craigie Incorporated makes the following offer to purchase all, bLt not less than all, of the $24,360,000 General Obligation Refunding Bonds, Series of 1985 (@.e "Bonds"), of the City of Virginia Beach, Virginia. For the purchase of the Bonds to be dated November 15, 1985, and maturing on December 1 each year and bearing interest as follows: Year of Principal Interest Year of Principal Interest MaTurity Amount Rate Matur!tX Amount Rate 1986 $ % 1992 $ % 1987 1993 1988 1994 1989 1995 1990 1996 1991 1997 We will pay Dollars and Cents We will also pay accrued interest, if any, frorr, the date ry and will accept delivery on or before of the nds to the ate of delive November 29, 1985, at our office in Richmond, Virginia, or at the office of Hunton & Wi)llams, in either Richmond, Virginia, or New York, New York, or as we may mutually agree upon (such payment and delivery and the ot!ier actions contemplated hereby to place at the time of such payment and dellvery being herein called the closing. We understand that payment for the Bonds will be in Federal Reserye funds. t,i(-',V 13 'S-@ Ii-:5,- CF,AI(-,IE Iii:. ',A. F The initial public offering prices of the Bonds are shown in Exhibit A. The gross uiiderwriting spread ($_._) represents % of the par value of the Bonds and-% of the aggregate Initial offering price of the Bonds. We enclose herewith a check for $243,600 (I% of the par value of the Bonds). If this offer to purchase the Bonds is not accepted on Its date, the check will be returned promptly to us. If this offer Is accepted, the amount of the check shall be returned to us in funds at the closing. In the event we fall to accept dellvery of and pay for t@ie Bor)ds after all the conditions of this offer have been satisfied by the City, the City may retain the proceeds of the check as full llquidated damages. In the event the Bonds are not delivered to u!i on or before November 29, 1985, or the condition5 of this offer are not satisfied as of the date of delivery of the Bonds or an event shall occur \khlch would allow us to elect to cancel, as provided herein, our obligation to purchase the Bonds, the amount of the good faith check shall be returned to us in funds. We understand that we shall receive no interest on the good faith check. Our obligation to accept delivery of and pay for the Bonds shall be subject to the following conditionsi 1. The Council of the City of Virginia Beach shall approve an Official Statement of the City relating to the issuatice of the Bonds, cause copies thereof to be printed and delivered to us and authorize us to distribute copies to prospective purchasers of the Bonds; 2. The Council of the City of Virginia Beach shall have adopted an Ordinance (the "Bond Cirdinance") in substantially the forrn as that described in the Official Statement; 3. We shall have recelved an opinior,. of Hunton &, Williains, Richinond, Virginia, Bond Counsel, that the Bonds have been authorized P-nd issued in accordance with the Constitution and statutes of the Comrnonwealth of Virginia and constitute valid and legally binding obligations of the City of Virginia Beach as provided in the Bond Ordinance, and that under existinf, law interest on the Bonds is exempt from all Federal Income taxation and under t@e existing law of the Common,i,ealth of Virginia such intere5t is not i-,icludable in ccn,,putlng the lncorrc tax on individuals; 4. We shall have received an opinion of the City Attorney of the City of Virginia Beach that there is no litigation pendirig or, to the be5t of his knowledge, threatened, in any way questior)lng or affectlng the valid!ty of the Bonds, or ttie power and authorlty of the Cit), to le,iy and collcct an annual ad valorem tax on all taxable property within the Clty sufficient in amount lo provide for the payrrent of princlpal of and the lnierest on the Bonds as the same shall cc)me due; and rnV 1--: '85 17:'c@ CF'@IGIE IIAC. ',i;. @ .4 5. We shall recelve a certificate slgned by the City Manager and the Director of Finance of the City stating that the descriptions and statements contained in the Official Statement on the date of dellvery of the Bonds are true and correct in all material respects and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated thereln or necessary to make the statements therein in light of the circumstances under which they were made, not misleading, provided however, that the City Manager and the Director of Finance May state In such certificate that they did not independently verify the information indicated in the Official Statement as having been obtained from sources other than the City of Virginia Beach but that they have no reason to believe such Information Is not accurate. We shall have the right to cancel our obligation to purchase the Bonds If (i) between -the date of this offer and the date of the closing legislation shall have been enacted by the Congress of the United States, or a decision shall have been rendered by a court of the United States, or a ruling shall have been proposed or made by the Treasury Department of the United States or the Internal Revenue Service, which would cause the interest on the Bonds to be subject to Federal Income taxation, or which would materlally and adversely affect the market price of ilie Bonds, (ii) there shall have occurred any new outbreak of ho5tilities or other calamity or crises, the effect of which on the financial markets of the Uniied States would affect materially and adiersely our ability to market the Bonds, (iii) there shall be in force a general suspension of trading on the New York Stock Exchange or (iv) a general banking moratorlvm shall have been declared by Federal, New York or Virginia authorities. If this offer meets your approval, we ask that you have the properjy authorized offlclal slg.@ and return to us the duplicate ol, this letter. By. CRAIGIE INCORPORATED Vice President Approved and Accepted by The Council of The City of Virginia Beach, Virginia By: Tltle: Date.- 13 17:19 CPA!,-,IE Iii-. Fl--Hll-@ti@) "@p. Exhibit A $24,360,000 CITY OF VIRGINIA BEACH, VIRGINIA Gerwral Obligation Refunding Bonds Series of 1995 Initial Public Offering Prices Interest Reoffering Year Amount Rate Price/Yield 1986 $ 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 - 34 - Item II-L.6 RESOLUTIONS ITEM # 24530 Charles M. Reynolds, Chairman of the VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION. Councilwoman Henley requested review of this Corporation after three or four years to determine if this Corporation was accomplishing its goals. Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED: Resolution to approve the By-Laws, appoint the Board of Directors and to set the terms of said Directors for the VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr.* Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye Requested by the Department of Housing and Community Development RESOLUTION TO APPROVE THE BYLAWS OF THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION AND TO APPOINT THE BOARD OF DIRECTORS OF THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION AND TO SET THE TERMS OF SAID DIRECTORS. WHEREAS, the Council of the City of Virginia Beach has authorized and directed the City Manager to enter into an agreement with the Virginia Beach Community Development Corporation (VBCDC) to provide assistance to low to moderate income residents of the City of Virginia Beach; and WHEREAS, in order to proceed with the above referenced agreement, it is necessary for City Council to approve the VBCDC bylaws and to appoint the Board of Directors in accordance with said bylaws and in accordance with the agreement; and WHEREAS, Paragraph IC of Part II of said agreement indicates that the VBCDC shall be composed of seven directors, shall be appointed by the City Council and said Council may also appoint an additional director, who shall be ex officio member with no voting powers. Paragraph ID of Part II of said agreement sets forth the terms of each of the seven (7) directors. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, OF VIRGINIA: That it hereby approves the Bylaws of the Virginia Beach Community Development Corporation. Said bylaws are attached hereto and incorporated by reference. BE IT FURTHER RESOLVED, that it hereby appoints the following directors of the VBCDC to such terms as follows: 1. to a term of four (4) years. 2. to a term of four (4) years. 3. ,to a term of four (4) years. 4. ,to a term of three (3) years. 5. ,to a term of three (3) years. 6. ,to a term of two (2) years. 7. , to a term of two (2) years. 8. , ex officio director to a E-erF of-two (2) years. Adopted by the City Council of the City of Virginia Beach, Virginia on this 18 day of November 1985. DSH/rab 11/4/8 5 (RES.5) APPP,QVED AS TO FOIZM nrl),A r)7'4@INIT @ i -2- BYLAWS OF VIRGINIA BEACH COtiMUNITY DEVELOPMENT CORPORATION ARTICLE I NP,blE, OFFICE AND SEAL Section 1, The name of the corporation shall be Virginia Beach Community Development Corporation. Section 9. The principal office of the corporation shall be located in the City of Virginia Beach, Virginia. The corporation niay also have offices at such other places within the State as the Board of Directors may from tinle to tinie determine or as the business of the corporation shall have inscribed. Section 3, The corporate seal of the corporation shall have inscribed thereon the nanie of the corporation, the year of its incorporation and the words "Corporate Seal" and Virginia Beach CouLmunity Development Corporation. ARTICLE Ii PURPOSES (a) To expand and improve opportunities for low and moderate income households in Virginia Beach, both by preserving and renovating existing struc- I tures, and by providing financial services, which shall include making grants, granting loans, whether or not secured, obtaining financing from others, and acting as guarantor on loans from others. The charges for such housing and services shall be on a non-profit basis. (b) To cooperate with federal, state and local agencies, private organizations, and comniunity groups in developing programs designed to meet the needs of low and moderate income housing and to assist the residents of Virginia Beach in the utilization of all available resources to meet their needs. (c) The Corporation is irrevocably dedicated to, and operated for, non-profit, charitable purposes within tbe meaning of Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law). ARTICLE III DIRECTORS Section I-. Manauement, The business and affairs of the corporation shall be managed by a Board of seven (7) directors. 2 Section 2. Coiiipos it ion, The Board shall be composed of seven (7) directors who shall be appointed by the City Council of the City of Virginia Beach. The Board shall serve until their appointed terms expire. City Council may also appoint an additional director, wtio shall be an ex-officio member with no voting powers. Section 3., Term, Three (3) directors shall originally be appointed to serve four (4) years, two (2) directors to serve three (3) years, and two (2) directors to serve two (2) years. The ex-officio director shall originally be appointed to serve two (2) years. Thereafter, all directors shall be appointed for a term of four (4) years. No director iaay serve more than ten (10) successive years. section 4. Vacancies and Removals. A vacancy on the Board caused by the death, resignation, removal or incapacitation of a director shall be filled only for the unexpired term of the position vacant or until the following June 30, whichever shall first occur. Vacancies shall be filled upon appointment by the City Council. Absence by any director at three consecutive regular Board meeting, unless otherwise excused, shall constitute cause for removal froni the Board. Directors snall serve at the pleasure of City Council. 3 Section S- ResiQnation- A director may resign at any time, giving written or oral notice to the Board, the President, or the Secretary/Treasurer of the corporation. Unless otherwise specified in the notice, the resignation shall take effect upon receipt thereof and the acceptance of the resignation shall not be necessary to make it effective. ARTICLE IV MEETINGS, NOTICE, QUORUM AND POWERS Section 1- Meetings, Notice- Meetings of the Board of Directors shall be called by the President and may be held at the office of the corporation or at such other place as may be designated in the notice calling the meeting. At least six (6) regular meetings must be held each year. Special meetings of the Board of Directors ntay be called by any two (2) officers or on the written request of a majority of the directors. No other business but that specified in the notice may be transacted at such special iueeting without the unanimous consent of all present at such meeting. Notice shall be given to each director at least forty-eight hours before the meeting at his/her residence or business address by delivering, telephoning or telegraphing notice to him/her. The annual meeting of the corporation shall be held in June of every year. 4 The Secretary/Treasurer shall cause to be mailed to every director in good standing at his/her address as it appears on the membership roll book of the corporation a notice stating the time and place of all regular meetings at least seven (7) days prior thereto. Sectinn 2-. Waiver of Notice_ Either before or after any meeting of the Board of Directors, any director Blay, in writing, waiver notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board shall be a waiver 13y him/her of notice of the time and place thereof. If all the directors are present at any meeting of the Board, no notice shall be required and any business mdy be transacted at such meeting. Section 3. At all meetings of the Board of Directors, five (5) inembers of the Board of Directors shall be present to constitute a quorum for the transaction of business, and the acts of five (5) of the directors present at a nieeting at which a quorum is present shall be the acts of the Board except as otherwise provided by law or within these bylaws. if at any meeting of the Board of Directors there be leas than a quorum present, the majority of those present may adjourn the meeting to a fixed time and place, and notice of the rescheduled meeting shall be required. 5 @ian 4. General Powers, The Board of Directors shall elect a President, Vice-President, a Secretary/Treasurer, and all officers of the corporation. In addition to the powers and authorities expressly conferred upon them by these bylaws, the Board may exercise all powers of the corporation and may do all such acts and things as are not by statute or by these bylaws prohiL)ited. .qpntion q. Action of the Board, Unless otherwise required by law, an affirinative vote of five (5) of the directors present at the time of the vote, if a quorum is present at such time shall be the act of the Board. Each director shall have one vote. Section 6- Consent- If a majority of the directors shall severally or collectively consent in writing to any action to be taken by the corporation, such action shall be a valid corporate action upon ratification of the Board of Directors. Section 7- Freedom of Information- The corporation shall comply with the Virginia Freedom of Inforniation Act as referenced in Sec. 2.1-340 QL sea- of the Code of Virginia. ARTICLE V OFFICERS Section 1. Nuiiiber The executive officers of the corporation shall be a President, a Vice-President, a Secretary/Treasurer, all of whom shall be elected by the Board of 6 Directors. Any two of these officers, excei)t those of President and Secretary/Treasurer atay be filled by the same person. It shall be necessary for all officers to be directors of the corporation. Section 2, Nomination, The President, at least thirty days prior to the annual meeting, shall appoint a NoiLiinating Committee coniposed of three (3) directors to prepare a slate of candidates of directors and officers. Directors rtiay riiake other noniinations from the floor at the annual meeting provided the Board is furnished with a written statement of the nominee as to his/her willingness to serve. spntion 3. Election- The election of officers shall take place at the annual meeting of the Board of Directors. Section 4- Term and Removal- The officers of the corporation shall hold office until their respective successors are chosen and have qualified. Any officer elected by the Board of Directors may be renioved by the Board of Directors whenever, in its judgement, the best interests of the corporation will be served thereby. If the office of any officer shall become vacant for any reason, the vacancy shall be filled by the Board of Directors for the balance of the unexpired term. All agents and employees, other than officers elected by the Board of Directors, shall hold office or employment at the discretion of the Board of Directors. 7 ARTICLE VI DUTIES OF OFFICERS Section 1-. President, The President of the corporation shall preside at all meetings of the Board and such ineetings as may be designated by the Board of Directors and shall further discharge such functions as are ordinarily discharged by the President of the corporation. He/she shall have such other duties as may be directed by the Board of Directors. Section 2, Vice President- The Vice President shall assume the duties of tlie President of the corporation in the absence of the President. Section 3., Secretary/Treasurer, The Secretary/Treasurer shall keep the minutes of all meetings. He/she shall have custody of the seal of the corporation and affix to such documents as require attestation; he/she shall have charge of such of the books and papers as the Board of Directors may direct, all of which shall, at all reasonable times, be open to the examination of any director, upon reasonable notice to the Secretary/Treasurer; and he/she shall, in general, perform all the duties incident to the office of Secretary/Treasurer. He/she shall give notice as required by law or the bylaws of this corporation, of all meetings of the Board of Directors. The Secretary/Treasurer shall have custody of the corporation's funds and securities and shall keep full and accurate accounts of receipts and disbursenients in books 8 belonging to the corporation. He/she shall deposit all monies and other valuable effects in the name and to the credit of the corporation in such depositories as iilay be designated. ARTICLE VII CO@1MITTEES Section 1. Appointaient of Committees- The Board of Directors shall establish and appoint such standing and other committees as may be required from time to time. Tkie duties and scope of comriiittees shall be defined by the Board. Such con@niittees shall be composed of one member of the Corporation to be an advisory person; however, this shall not preclude service on committees by nonmembers of ttie Corporation. ARTICLE VIII MISCELLANEOUS PROVISIO14S Section 1. Execution of Papers, Except as the Board of Directors inay generally or in particular cases authorize, all deeds, leases, transfers, contracts, bonds, notes, checks, drafts, and other obligations made, accepted and endorsed by the corporation shall be signed by the Executive Director, and by either the President, Vice President, or Secretary/Treasurer, unless otherwise authorized or designated by the vote of the Board of Directors. 9 spetion 2. Fiscal Year. The fiscal year of the corporation shall end each June 30th. Section 3. DeUosits, All funds of the corporation not otlierwise einployed shall be deposited from time to tinie to the credit of the corporation in such federally insured institutions as oanks, savings and loan associations, trust companies or other depositories as the Board may from time to tinte select or as may be selected by any officer or employee of the corporation to whom such power riiay from tinie to tinie be delegated by the Board; and for the purpose of such deposit, any officer, or any employee to whom such power niay be delegated by the Board, may endorse, assign and deliver checks, drafts and other orders for the payment of money which are payable to the order of the corporation. Section 4.. Acceutance of Gifts, Donations, etg- No gift, donation, bequest or subscription to the corporation shall be deemed to have been accepted until acted upon affirmatively by the Board of Directors. Section 5. Administrator (Executive Director), An Admin- istrator shall be selected by the Board of Directors and shall perform the duties designated by the Board of Directors. He/she shall be responsible for the everyday and timely direction of the affairs of the corporation and witb measures for the accomplishment of its purposes; recomalend to the Board of Directors such proposals and matters as he/she may deem necessary or desirable; advise, cooperate with, and furnish inforritation 10 and assistance to all committees for the organization. The Adininistrator siiall be an ex-officio niember for all comriittees, with all rights and privileges except voting. Section 6. Robert's Rules of ordel, When questions arise about ttie meeting order, the latest edition of 'A Handbook of Parliamentary Procedure", which is attached, will govern the procedure to be followed. Section 7., Conflict of Tntprp. In the procurement of supplies, equipment, construction and services, the provisions of Section 570.611 of Title 24 Code of Federal Regulations and the Virginia Coniprehensive Conflict of Interest Act contained in Chapter 40 of Title 2.1 of the Code of virginia shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance. Section 8. Conipensation- No director or officer of the corporation shall be compensated for services rendered to the corporation. This in no way prohibits said directors or officers from being reimbursed for bonafide expenses in accordance with the Virginia Beach City Code. ARTICLE IX' INDEMNIFICATION Every person now or hereafter a Director or officer of the corporation (and his/her heirs, executors, and adininistrators) shall be indemnified by the corporation against all costs and expenses, including all attorney's fees, imposed upon or reasonably incurred by hini/her in connection with or resulting from any action, suit, proceeding or claini to which be/she is or may be made a party by reason of his/her being or having been a Director or officer of the corporation (whether or not a Director or officer at the titiie such costs or expenses are incurred by or imposed upon him/her) except in relation to matters as of which he/she shall have finally been adjudged in such action, suit or proceeding to be liaole for gross negligence or willful misconduct in the performance of his/her duties as such Director or officer. Such right of indemnification shall not be deemed exclusive or any right to which he may be entitled under any other bylaw, agreement, or otherwise. ARTICLE X IOIENDMENTS These bylaws may be altered, amended or replaced at any regular or special meeting of the Board of Directors by the vote of a majority of the directors in office at such meeting; but no 12 alteration, ariendment or repeal shall be made at a special meeting unless the notice of such meeting shall specify tiie proposed alteration, amendment or repeal as the purpose or one of the purposes of such meeting. Such amendments to these bylaws shall be subject to approval by the City Council. 13 - 35 - Item II-L. 7 RESOLUTIONS ITEM # 24531 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize the City Manager to enter into an agreerment with the VIRGINIA BEACH COMMUNITY DEVELOPMENT GORPORATION; AND, To transfer $85,788 from the Community Development Block Grant-Contingencies to fund the contract with VBCDC. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mavor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. * , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye Requested by the Department of Housing and Community Development AN ORDINANCE TO TRANSFER $85,788 FROM COMMUNITY DEVELOPMENT BLOCK GRANT- CONTINGENCIES TO FUND A CONTRACT WITH AND AUTHORIZE THE CITY MANAGER TO EXECUTIVE AN AGREEMENT WITH ThE VIRGINIA BEACii COMMUNITY DEVELOPMENT CORPORATION WHEREAS, the City of Virginia Beach desires assistance to provide services to facilitate the overall revitalization of loll and Lqoderate income neighborhoods, to encourage private invest- wetit in these neighborhoods in a manner consistent with ti)e purpose of the City's neighborhood plans for target ar-ua,3, aild to involve the colaraunity in the revitalization of these ar@as; and WHEREAS, the Virginia Beach Community Develoi@lLent Corporation (VBCDC) is a non-profit organization which as5ist residents of Virginia Beach in the utilization of available resources to meet their needs; and WHEREAS, the City wishes to enter into a contract with tiie VBCDC to provide this assistance to the residents; and WHEREAS, funding for the fiscal year 1985-1986 Commuriity Developaient B I o c kG r a n t( C D B G )i n c 1 u d e s$ 1 6 8 , 7 5 0l'o r contingencies , which can be used to fund a contract with the VBCDC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF V 1 B G I N I AB E A C Ht h a t$ 8 5 , 7 7 8be transferred f r out CDBG-Contingencies in order to fund a contract to provide assistance to residents in utilizing available resources to faeet their areas' needs, and BE IT ALSO ORDAINED that the attached Aereecient is hereby ai)proved and ttie City Manager is hereby authorized and directed to si6n the agreement witli VBCDC for the purposes referenc-c,,d iAbuve and for the terms and conditions more fully specifie(i in an a,;reement attached hereto and incorporated by reference. This ordinance shall be effective from the date of its adoption. Adopted by Council of the City of Virginia Beach, Virginia un the 18 day of November , 1 9 8 5 . APPROVED AS TO CONTENT: APPROVED AS TO FOR@L: I Ma@ I. Ustick,@rec o@r City Attor6ey Department of Housing and Community Development AGREEMENT Tliis Agreement, entered into as of tlle day of 1985, is a contract by and between the City of Virginia Beach (hereinafter called CITY) ai,d Virginia Beach Comiiluiiity Development Corporation (liereinafter called VBCDC). W I T N E S S E T H: WI]EREAS, the CITY iias received fuiids froni the U. S. Departaient of Housing and Urbaii DeveloL)inent under tlie Conintunity Developineiit Act of 1980 (Pub. L. 96-99); and WHEREAS, the CITY has allocated a portion of these funds to be utilized to proiiiote housiiig aiid econoniic developittent activi- ties; aiid WI]EREAS, the CITY iias solicited tlie non-profit corporation as is specified under Sectioii 501 (c) (3) of tiie Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Iiiternal Revenue Law) to assist the residents of Virginia Beach iii tite utilization of all available resources to meet their needs; aild WIIEREAS, tlie CITY desires to engage the VBCDC to assist in the provision of services to facilitate tlie overall revital.iza- tion of low and moderate incoine neighborhoods, to eiicourage private investiiient in ttiese iiei,,Iiborhoods in a rilanner wilicii is consistent with the purposes of ttie City's neighborhood plans for the target areas and other Low and moderate income areas, and to involve tile coiiiinuility -n tlie revitalization of these areas, and WI]EREAS, tlie VBCDC has subniitted a strategic plaii whicii addresses the specific low aiid nioderate inconle housing needs of tlie residents of Virgii)ia Beach and represents tliat it is qualified and willing to perform the services in cotinection with providing available resources to i(ieet their needs. NOW THEREFORE, in cojiiiection with tliese preinises and inutual covenants, proiiiises aiid representations contained herein, the two parties do mutually agree to tlie Lollowing: 1 . Geiieral Scope of Servi e-a - The strategic plan for the VBCDC provides a framew6rk for directing the VBCDC's services and programs for tiie next five years (1985-1990) and is attached liereto and incorporated by referelice. The VBCDC will act as an advisor to the City serviilg to relate the private business aiid social coiiiifiunities within the target areas to City governineilt. Iii tliis capacity, it will assist the City in carrying out ttie Coriiinunity Developriient fuiictions involved in tlie revitaiizatioli of tlie target neighbor- hoods and other low and itioderate iticoine areas. Acting through its Board of Directors, its staff 1)ersonnel aiid coiisultatits, it will carry out a series of concerted actions deemed appropriate to achieve the rebuilding or reiiabilitalioii of tlie target areas in ways which are consistent with tlie City's Lilans for these areas and which afford opportuiiities for miriority participation iii econoniic develol)nietit. 2. Prograin Obiectives - In (jeiieral terins, tile VBCDC will conduct such activities in tli,- revitalization of tlie target areas as iiiay be appropriate to eiiliance tile coiiilfluliity's awareness of tlie revitalization lirocess aiid provide basic education concerning that process. Sp@:t-,ific objectives of the VBCDC iticlude the following: (a) to broaderi and (liversify tlie econoi@lic I)ase of tile target areas; (b) to assist the growtll and developmerit of private izivestinent iii tlie target areas; (c) to create new emi)loyment opportunities for target area residents and ottier low and moderate incolile persons; (d) to niobilize financing for housing and economic developnient in the target areas; (e) to educate, provide, train and assist labor forces in those fields of activity wliere new skills are needed; and -2- (f) to proitiote and assist Ln the developinelit of hous- ing in tlie target neighborhoods and otlier low and ipoderate inconie areas. 3. Planiiilici Years - it i, envisioned that tli6 revitaliza- tion plans for the target areas will be iinpleiaerited and carried out over a term of several years. Therefore, program plans and budgets for all years during which tliis Contract is extended during which siinilar contracts are entered into between the CITY and the VBCDC will be presented to the CITY on or before April 1st of the year preceditig tlie fiscal year July 1st - Jutie 30th contract year. 4. Uudqet Controls aiid @pvisions - The VBCDC agrees to expend the funds provided to it by the City in accordance with the Work Program and witil tlie Budget Allocation attached hereto and incorporated by reference. No funds will be exl)ended or obligated by the VBCDC unless done pursuant to such line-iteni budget, and any changes in the Work Program or tl)e line-item budget inust be approved in writing by the CITY. Notwithstandizig the foregoing, and so long as the overall expeilditures do not exceed tlie total of budgeted fuiids set out in tlie Budget Allocation, changes of prograiii or adiiiinistrative expenditures differing from the line-4,teni budget inay be niade if they do not exceed a line-iteia by riiore than ten percent (10.%). Ally variance greater tiian ten percelit (10%) must be approved in writing by the CITY prior to disbursenient. 5. Development - The VBCDC's reconiriiended work program for tlie project year is as follows: A. Proipote ComRitinity InvolveRient: (1) The VBCDC will conduct its corporate operatioiis in such a manner as to pro- vide a citizen clearing housiilg of informatioti ati,.l a focal point for comi-@IUI'Iity iiivolveiiient in the revitali- zation of tlie target neighbortioods. -3- (2) Seek out development opportunities and provide prospective entrepreneurs witli technical assistance in preliminary planning, site selection and layout, testing and de@-@,rmining ecoilomic feasi- bility, developateilt of innovative public/ private firiancing, atid obtaii-iiiig finan- cial commitritexii.s. (3) Keep tlie comiiiullity informed of progress by meaiis of tlie Jissemination of infor- iiiational material and periodic public meetings. (4) Solicit, evaluate and conimuiiicate to the CITY the suggestions, advice and opinion of the resideiits and businesses located within tlie taryeted areas. (5) In conjunction witil tile City, develop priorities for areas of concerted action and specific efforts. B. Adaiinistration of CorL)orate OL)eration: (1) Tiie VBCDC will manage its corporate affairs in a regular and effective manrier, continuizig to keep appropriate books atid records accurately reflecting all finan- cial transactic)iis of the VBCDC. (2) Conduct appropriate corporate and other iueetings and attend to the issuance of proper notice iiiid preparation and reten- tion of minutes relating tllereto. (3) Make such reports to the City as illay be required by such bodies in their conipliance with regulations governing tlie execution of the Conlinuiiity Developnient Program. (4) Eiisure that all expenditures of funds are made pursuant to approved budgets. -4- 6 Accouiits and Accouiit,@-@hility - The VBCDC agrees to maintain adequate books and records relating to the receipt, expenditure and retention of all funds received under this Agreement. The VBCDC agrees to subrnit semi-aniiual I)erfori(tance reports of the activities undertaken under this Agreement and to provide monthly fijiancial reports of all receil)ts aild disburse- ments for review by tlie CITY. The VBCDC stiall 1)ermit the CITY, or their duly authorized representatives, to audit, inspect, examine and make excerpts or copies of and from all of its books, accounts, records, files and other papers relating to tile work perforffted by the VBCDC undel this Agreenierit. 9. Part II - Term.,, aiid Conditioiis - This Agreeinent is subject to and incorporates by referelice herein all the provisions of Part II - Terms i-ii)d Coiiditions, which is attached hereto and niade a part of hereof. IN WITNESS WHEREOF the parties here caused this Agreement to be executed by the signatures of tlie respective chief executive officers, as duly autliorized. CITY OF VIRGINIA BEACii BY:- Thomas H. Muehlei)beck BY: City Manager DATE: DATE: TESTE: DATE: Rutti Hodges Sntith City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: /, /@ I - Dep@r@t of-Ilous@ng a@ City Attorney Comin-unity Developnien@ APPROVED AS TO FUND AVAILABILITY: PAR'r 11 - TERMS AND CONDITIONS '1'0 TIIE AGREEMI;I'NT BETWI,EN Till' CITY OF VIIZGINIA BEACII AND TIIE VIRGINIA BEACfl COMMUNITY DEVELOi'fIENT COIZPOIZATION DATED 1985 1. DEPINII'IONS: Tlie followitig terais are defined as to tlieir usage in tliis Agreement: A. "CITY" - Wlierever tlie w,,.,] "CiLy" appearq, it sliall ineati the local goverr)inent of tlie City of Virgiiiia Beacii, aF, represented by its City Maiiager or Iiis d(-'signee. Specifically, tlie principal City ageiicy resporisible for tlie adillinistration of tl)is Agreeineiit is Llie DeparLmetit of liousiiig all(] Conirntinity Develol)merit. B. "VBCDC" - Wlierever "VBCI)C" al)pears, it stiall illean Virginia Beach Coininuiiity Dc-@velopinent Corporation, locate(.1 at 3080 Bricktiouse Court, Virgiiiia Beacl,,, Vitgiiiia, represelited by its Cliairman of tiie Board of Directors. C. "COMPOSI'PION" - TI)e Board slia.] I I)e coinposed of sevell (7) directors wtio stiall be al)i)oiiiLe(i I)y tlie City Cotjjicil of tlie City of Virgiiiia Beacii. Tlie Board sliall serve uiit-il Llieir appoitited terins expire. City Council inay ilso appoilit ali a(l(]iLiolial director, wlio sliall be ati ex officio ineiiiber witli rio votiiig powers. D. "TERM" - Tliree (3) directors sliall origiiially be appointed to serve four (4) years, Lwo (2) directors to serve three (3) years, atid two (2) directors to serve Lwo (2) years. The ex officio director stiall origitially be appoirited to serve two (2) years. Tliereafter, all Airectors will be apl)oilited for a term of four (4) years. No direclor itiay serve fnore tliati tell (10) successive years. ii. INDEMNIFICATION AND INSLJIZANCLI: A. Every persori now or liereafter a director or officer of the corporation (and his/lier I)eirs, executors, and administrators) shall be indeini.@fied by th(-- corporation against all-costs and expenses, incltj(liiiq all altorney's fees, linposed upoli or reasonably incurred by Iiim/lier in connection witli or resulting froin ariy act,ion, suit, proceeding, or claiin to wilicti he/stie is or may be inade a part,,, by rea--Oil c)[ Iiis/lier being or havitig beeii a director or officer of Llie corporalion (wiletlier Or not a director or officer at tlie tiine sucli costs or expetises are incurred by or iiiiposed upoii Iiiin/lier) except iii relatioll to matters as of wliicii lie/sli(, stiall liave finally 13eeti a(Ijudged in sucli action, suit, or Proceeding to be liable for qross negligetice or willful miscondtict iti tlie perforinatice of Iiis/lier duties as sucti director or officer. t3ucli riglit of indemiii(icatiori sliall jiot be cle,;ii,2(l exclu--ive or atly rig[IL to whicii lie may be eiltitled uiijer aiiy otlier bylaw, a,4reeiflent, Or otlierwise- B. VBCDC assuines respotisibility for ensuritig tliat all gratits comply witti all guidelines atid regulations Lliat are attactied Lliereto- Irl tlie event tlial, aiiy graiit inotii(?s are required to bE! returned to tlie grantitig auttiority, VBCDC agrees to inake restitution to tlie City ill tile full ainoutit 01 tlie required refund. VBCDC further agrees to defeild aild save liaritiless tlle City froin any atid all claiins ari.siiig out of V13CDC's I)erforitiance under tllis AgreeiT)erit. C. VBCDC agrees to secure alid inailitaill in effect at all times duritig the period Lliis Aoreemejit is iii effect, coinpre- hensive general liability itisu-aiice at Iiinits tiot less tliaii One Million Dollars ($1,000,000.00), aiid director's fi(jelity boiid at liynits not less Llian Otie flillioti Dollars ($1,000,000.00) and directors an(] officer's liability itisuratice at Iiinits not less than One Millioti Dollars ($1,000,000.00). Sucli insurance shall be written by coinpaiiies autliorized to do busiiiess iii the Cominoilwealth of Virgiiiia acceplable to tlie City atid the limits of said insurance sliall not be le .3 tliari Otie Million Dollars ($1,000,000.00) and sliall on all occasions be equal to or greater tiiati the ainount of the gratit moiiies appropriated to tlie VBCDC by tlie City. Proof of insuraiice stiall be suljinitted to tlie City -2- prior to beginiiing work Lincler t)ie Agreement and sliall be maintained in full f(irce and effect during tlie eritir(-- teriii of tlie Agreement. III. OWNERSIIIP OF DOCUMENTS, It is utiderstood aiid agreed by and between the parties liereto tliat ;ill reports, studies, calculations, memoratida, estiinates, cotnputations, etc. produced by VBCDC in tlie executioii of tliis Agreeinetit F,@iall become and reinain tl)e property of tlie City upoti Leviiiinatioti oE tilis Agreeineiit or completion of tlie work, aii(I tlie City sl)all liave tlie riglit to use same for aiiy public ptirpose witliout compeilsation to VBCDC otlier tliaii as li(,r(,iiiafter puovi(le(l. VBCDC liereby quarits access to atiy (luly autliorizecl represetit- ative froin tlie CiLy, front tlie Coinptroller Getieral oC tlie Uiiited States, froin Llie U.S. I)e[)artinelit of [lousing ati(i urball Development, or aiiy otlier rel.eviiit federal ageiicy, to tlie records and docuiiients pertaining to tlii:j Agreeiller)L wi)icil at:e iii tileir possessioti or uiider ttieir cotitrol. Suct) access shall be for tlie express purpose of makiiig au(lit, exaininatio@l, excerpls, atid transcriptions thereof. VBCDC sliall preserve ari(I inailitaill all cotitract records and documetits for at least ttiree, (3) years after tile City makes final payrnetit of tliis Agreemeiit, alter all peiidiilg inatters Ulider ttiis Agreemetit are closed. IV. CONTRACT: A. Duration: All. seuvices i,letilifierl in i,arl I of Lliis Agreemerit stiall be complete(I by JLlile 30, 1986. B. Subcoritracts: VBCI)C siall not subcoxitract or otlierwise assigii any of tlie services covet-e(] iii Part I wliicll are furiderl by CDBG furids, wittiout prior wriLLeri approval l@y tlie City. Aiiy approved subcotitractinj activili.es will comply witil applicable business opportunity staridards for federally-assisted contracts. V. PROGRAMMATIC REVIEWS: Froin time-to-tiiiie during Llie term of this Agreeineiit, the City niay review aiid evaluate tile content, quality, aiid progress of tl)e prograin outliiied in t[iis cloc(iiiietit. -3- Tilis will be accomplislieti by fnonitorijig tlie books, accounts, and records of VBCDC to @ssure that futids are spent in the matiner prescribed in tliis Agreeinent. As a result of sucil review aiid evaluations, the Ci.ty may require iii writing ttiat tlie scope of services be revised. VBCDC will acktiowledge sucli clialige(s) and indicaLe liow the cliatige(s) is (are) beiiig iinpleinented. vi. RULES AND l@LGULATIONS: All LI)e rul.(-,s ati(I regulati.otis promulgated pursuant to aticl otlierwise ai)plicable to tlie Coininurlity Developinerit Act of 1980 (P.L. 96-99) are liereby iticorporated by reference. VBCDC is resl)onsibl,@ to tlie City fc)r complyillg witti tliose rules and regL]Iatioiis wilicli are applicable to tiiis Agreeinetit, as determined I)y tile City. TI)e City's Graiit Agreeinent witti tlie U.S. I)epartinent of flo,i!-,itig atid Urban DP-velopinetit for tlie Community Developineiit Block Graiit Prograni sliall take precedeiice over aiiy coiiflictiiig coiiditions ill tllis Agreeinerit. VII. ENVIIZONMENTAL IIEVIEW: City will iiieet aiiy P-livirollinerital inipact, protection, or review responsibilities entrusted under the Natiorial EnvirotiineilL Policy Act oF 1969 (Public Law 1-190) and tlie regulations issued pursuaiit Lilereto. VIJI. 'I'ERMINATION: Ttie City atid V13CI)C lieret)y agree Lo tile following conditions, processes, and riglits perlaiiiing to terminatioii of tiiis Agreeineiit: A. For Cause: The City retaitis tlie riglit to teriniiiate ttlis Agreemetit for cause as determitied tlirougli staridar(i contract administration principles and as provid(,d ljy law. B. Noricompliance: If VBCDC [ails to coiiiply witli tlie rules and regulations relereiic(@(I iii Section Vi, tlie City reserv(-s tlie riglit to terininate Lliis Agreeiiieiit after a reasoiiable atteinpt to secure compliarice. C. Notification: if t.Iiis Agreeineiit is terminate(], tlie City stiall immediately notify VBCDC in writiiig- Sucli tiotice will include tlie effective date, tlie time, tl)e reasoli(s) for tile action, atid the iclentity of a c@)iitact person willi wlioin to close out aily petidiiig matters. -4- D Settleinent Coinpeiisatioil. Tiie City sliall compensate VBCDC only for services rendered up to tlie date aild tiine of tlie terinination and accepted by tlie City as satisfactory. sucli compensation st)all be paid wlien all petiding matters from tlie Agreement are closed out. Atiy e,l,iipineill coslitly inore tlian One Thousatid Dollars ($1,000.00) stiall be used solely for carrying out tlie provislotis in tlii-s Agreemelit. iii tlie event of tlie termiiiation of tliis Agreeinent fuu- cause, all sucli equipineilt sliall becoiTie tlie property of tlie City aiid all fun(I.- appropriated by City to the VBCDC are tO be retlirlied to Lile City. IX. CONFLICT OF INTEiics,r: Iii tlie pt:ocureivieiit of supplies, equipinent, construction, and services, tlie provisioris of Section 570.611 of Title 24 Code of Fe(leral Regulations an(] tile Virgiiiia Compreliensive Conflict of Ititer(-st Act containecl in Cilapter 40 of Title 2.1 of tlie Code of Virgiiii,) s!lall apply. Sucli cases include tyie acquisition ati(I disposilion of real property atid tlie provision of assistance by tlie recipietit or ljy iLs subrecipierits to iildividuals, businesses, aiid )tlier private eiitities utider eligible activities wliicii autliorize slicii assistatice. No member of tlie govertliii(i t;o(ly or Llie City or ollier officer, employee, or agetit of tlie City wlio exercises aiiy fulictiolis or resporisibilities in coiltieclion witil Llie 1:eview, approval, or execution of tlie Commuility DevelopinenL Platis for the target areas shall liave any personal interest, (lirect or ifidirect, in tllis Agreement. X. EQUAL EMPLOYMENT OPPOLITUNII'Y: Duriiig Llie perforitiatice of tliis Agreemejit, tlie VBCDC agrees as follows: A. The VBCDC stiall not di@-riiiiinate against atiy employee or applicant for employineiit because of race, color, religion, sex, or nalional origiii. Tlie VBCDC sliall take affirinative actic)n to ensure ttiat applicants are employed and tilat einployees are treated duritig einploymetit witliout regard to tileir race, color, religion, sex, or national origin. Sucli action shall include, but not be limited to, tlie following: einployinent, upgrading, -5- demotion, or tratisfer; recruititient or recruitinent advertising; layoff or termination'; rates of pay or otlier foriiis of compensation; and selectioii for trainirig, includilig apprentice- ship. Tlie VBCDC agrees to post in corispicuous places, available to employees aiid applicatils for eiiiployment, tiotices to be provided by tlie City settiiig fortli tiie provisiotis of Lliis nondiscriiniiiation clause. B. Tlie VBCDC sliall, in all solicitations or advertisements for employees placed by or on lieiialf of tlie VBCDC, slate ttiat all qualified applicants will receive coiisi(leration for einployinent witliout regard to race, color, sex, (@r riatiorial origiii. C. Ttie VBCDC sliall cause tlie foregoilig provisiolis to be itiserted in all subcotiLracLs for ariy work covered by this Agreement so tliat sucli 1)rovisioris sliall be bindiiig upoil eacli subcoritractor, providecl tliat Lli,- foregoitig provisioti!-, sliall noL apply to contracts or subcoritracts for stanclard coininercial supplies or raw inaterials. XI. LABOR STANDAIIDS: irisolar as tliey are applicable to tlie activities perforined by ttip VBCI)C uiider this Agreeiiietit, tlie VBCDC agrees to coinply witli tlie mirii[nuin wage and maxiinuin liour provisions of tlie Fair l,abor Staiidard-@ Act (29 USC 201 et seq.), the Davis Bacon Act (40 ()SC 276A to 276A-7), tile Colitract Work flours and Safety SLaiidat:ds Act (40 USC 327-330), aiid tlie regulations iinpleinetitiiig said acts seL out in 29 CF[I Part 5. XII. COMPLIANCE WITI] LOCAL LAWS: Tiie VBCI)C agrees iii tlie perforiBailce of tliis Agr(,einetit t,@ comply wi.tli all al)[)Iicable laws aiid orditiaiices of tlie State ol Virgiiiia arid tlie City of Virginia Beacti. XIII. SUBCONTIZACTING: Tlie VBCDC agrees tliat noiie of tlie services covered by tliis Agre@?ii iit stiall be subcotitractecl witl)out the prior written conseiit of tlie Ci.ty, provided, tiowever, tliat services required in tlie day-to-day course of busitiess are not contemplated as tliose referrecl to in t[iis paragrapli. Iii tlie -6- eveiit tliat tlie VBCDC sliall, willi tlie apl)roval of tlie City, coiitract for constru6tion work iii cotitiection wit[) tlie execution of tliis Agreemeiit, it agrees to itisert iii eacii subcotitract appropriate provisioiis recluiring coinpliance witli tlie labor standard F)rovisioris set out above. XIV. ASSIGNABILI'RY: Tlie V13C[)C ;iyrees iiot Lo a.,gsign ally iiiterest in tliis Agreeiiieiit witliout tlie [-)rior writteil apl)roval. of tlie City. XV. COMPI-'INSATION: Tile City al,l VBCDC agree to tlie followilig terms relatitig to conipetif;atioii uii(ler Llie Aqt--e(--jnetiL: 'riie total sufn of all payiiierits inade l@y tlie City Lo V13C[)C for servicef-, ulider tliis Agreeinetit are tiot Lo exceel Eighty-fi@e TI@ousand Seven flundred and Seventy-eiglit Dollars ($35,778.00) for Llie first year. Tli is suin sliall colisLituLe tlie rirsl- year's coilipetisatioti for tlie service itideiitiried liereiii aticl retiderecl to tlie CiLy. XVI. CLAITIS FQII I;:X'I'IZA COMIIENSA'-!,'ION: Iii atiy ca,;e wliere V13CDC believes extra coinpetisatioti ir, diie for work atid services iiot. clearly covered by tliis Agreeiiieiit or !,upl@leiiienL Lliereto, V13CDC sliall proinptly tiotify Lile City i.11 wriuiiig of Llieir iriLetiLiori to inake claiin for sucli extra coiiil)etisalioii before Lliey I)egiii Llie work or provide ulie services oii wliieli tliey base Lliei.r claiiii. if sucli tiotificatioll is liol giveri, iio claiin for sucli extra comperisatioti will be coiisidere,-!. !-,ucli iiotice by VBCI)C sliall riot in aziy way be coiistrued as proviii(j tlie valiclity o[ tlie claiin. Ttie claim inust be approve(] by Llie Cit@y. Iii case tlie claiin is found to be just, i@ sliall be illowecl atid l)ai(i for as extra work in accor(latice witli tlie Leriiir of a agreein(?Ilt. eritered itito before sucli work is starte(l. iii iio way applies to funds received froin sources otli(2r Lliati tile CiLy. XVII. MF'I'ILOD OP PAYMLINT: 'I'lie City sliall pay V13CDC upoti receipt of an itivoice i(letitifying tlie services for wliicti 1)ayiiieilt is souglit atid detailing tlie actual expetiditures iticurred, except that tile first payinetit sliall be aii a(lvailce paymeill, liereitiarter referred to as tlie "Advaiice tlayiiient." 'Plie Advaiice Payineiit sliall -7- detail the expenditures expected to be incurred tor tile month following receipt of,tlie Advanc(2 Payinent. The Advance Paymelit shall be in accordance witli aii approved budget whicil shall be inade a part of tliis Agreeinent. Subsequent paymeiits stiall be made upon receipt of an accounting of tlie use of the advatice, accompanied by a requisition for paymeiit upon wliich VBCDC st)all identify and certi,fy tlie services conipleted and stating tliat it is due the funds. XVIII. UNEXPENDED FUNDS: All funds paid by tlie City to the VBCDC liereunder wliicli remaiii unobligateo as of tlie eild of tilis Agreeinent or at tlie end of any exteiisiori tliereof sliall be returned to tlie City. XIX. PERFORMANCE BONDS Oil LETTERS OF CREDIT: Iii its implementation of future grants tliat inay be appropriated by the City, tlie VBCDC agrees to requiL(-- developers aiicl/or coiltractors to post boiids or letters of credit iii tlie ainount of tlie community development futids disbursed by tlie VBCDC pursuailt to an agreeinent with said developer and/or colitractor. Tlie boiids or letters of credit sliall be in a foriii atid w.tli a coinpany acceptable to tlie City Attorney, wllich botid or letter of credit guarantees tht-- reimbursement to tlie City of.Virgiiiia Beach Coinmunity Developmeti@ Block Grant Fund in tlie amount .L tiie funds so disbursed iii the event the developers atid/or coiltractors, their heirs, assigns, or successors in interest, fail to comply witli any of the terins or cotiditions of said agreeinent witli VBCDC. The botid or letter of credit is to be released upon Ll,e satisfactory completioll OE all terms, clauses, and conditions of tlie agreeinent executed by tlie VBCDC and tlie developers atid/or cotitractors. The VBCDC agrees to pursue collection of tlie futids so disl)ursed upoil writtell notification by the City. XX. CONTRACT ENTIRETY: This Agreeinent is complete in itself and forms the entire agreement between tlie City and VBCDC,. No changes, alterations, or ainendmeiits to this Agreeineilt may be made by either party without tlie express written consent or acceptance of the ottier party. XXI. COUNTERPARTS: This Agreemeiit shall be executed in three (3) counterparts, each of which sliall be deeined to be an origilial Agreement. One counterpart stiall be given to VBCDC arid tlie remaining two (2) counterparts stiall be retainecl by the City. DSII/da ( 4 8 . 3 0) 10/9/85 -9- VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPOPATION ADMINISTRATION I@UDGET 1985-1986 I. Salaries VBCDC Administrator $35,000 Administrative Secretary 14,000 TOTAL: $49,ooo 11. Employer's Contribution (FICA) VBCDC Administrator 2,468 Administrative Secretary 987 TOTAL: 3,455 III. Travel Out of town/air travel 1,762 Tolls and Mileage (persu,,al car) 738 (300 miles per month x 12 months x .205) TOTAL: 2,500 IV. Programmatic Implementati.an Activities 10,000 TOTAL: 10,000 V. Advertising Local Media 600 TOTAL: 600 VI. Desk Top Supplies Supplies, printing, postage 600 Telephones (2) 1,140 TOTAL: 1,740 VII. Office Equipment Typewriter Maintenance 43 TOTAL: 43 VIII. Insurance Health Care Employer's Contribution 1,440 ($60 per month x 2 employees x 12 months) Employees - Workmen's Coli;,)ensation 15,000 and Comprehensive General. Liability. Directors - Fidelity Bond, General and Professional Liability. Directors and Officers Liability (or Business Owners Policy). TOTAL: 16,440 XI. Legal/Accounting 2,000 TOTAL: 2,000 TOTAL BUDGET $85,778 Virginia Beach Community Development Corporation Strategy for 85/90 Introduction: Strategy 85/90 - the strategic plan for adoption by the Virginia Beach Community Development Corporation, provides a framework for directing the Corporation services and programs for the next five years (1985/1990). The primary purpose of this strategic plan is to provide a course of direction to be followed by the Board of Directors in meeting the priority needs of the citizens located in the City's existinl@ twelve cominunity development target neighborhoods as well as other low and moderate income neighborhoods throughout the City. The strategic approach is to provide a comprehensive format for providing the Board with the most efficient and effective delivery of services to the n @ighborhoods' needs. To insure these needs, the strategic plai@ niust be evaluated annually and updated every two years. The strategic plan consists of a listing of the purposes of the Corporation and its goals and objectives in six functional areas. The strategic plans proposed are the long-range mission statenients of the Corporation wliich provides tile foundation for the plans, goals and objectives. Goals are general statements toward which the Corporation is striving. Objectives are specific statements setting forth conditions and tasks which are to be achieved or implemented witiiin a five-year period in order to help realize stated goals. Strategy 85/90 provides the fram-work for tlie developinent of the Corporation's annual work prograi and budget. These are tied to the plan through the stated goals and objectives for eaeb functional area. As th(i Corporation develops, at least one Corporation Cominittee should be established and held responsible for implementing the programs and activities within each of the six (6) functional areas. The six (6) functional areas are: administration, communications, housing needs, financial needs, economic development and human resources. s e -. The purposes of the Virginia Beach Community Development Corporation are: 1. To cooperate with federal, state and local agencies, private organizations, and conimu- nity groups in developing programs designed to nieet the needs of low and moderate income housing and to assist the residents of Virginia Beach in the utilization of all available resources to meet their needs. 2. To function solely as a non-profit corpora- tion as is specified under Section 501 ( c ) (3) of the Internal Revenue Code of 1954 (or the corresponding pr(@,-isions of any future United States Internal lievenue Law). Goals and Objectives: 1. Administration: Goal: An effective and efficient administration to support and accomplish the purpose and goals of the Virginia Beach Community Development Corporation. Objectives: - Establish a five year eLt.3h flow analysis plan that will provide a sufficii,;iit annual administrative budget to cover Board expenses as well as technical/- clerical staff salaries, benefits, contractual services, and project implementation costs. -Establish a technical/clerical staff consistihg of a Project Administrator/Executive Director, and Administrative Assistant/Secretary, and a Project Planner/Grants person to conduct daily services of the Board. - Establi3h a mechanism for incorporating coiimunity participation in decisions and activities of the Corporation by utilizinr.' existing coninunity groups i.e., neighborhood eivi(,, leagues, Citizen Advisory Conimittee, etc. -Identify prospective financing sources and develop a public/private partnership program for obtaining financial assistance and support through federal, state and local governments, philanthropic founda- tions, churches and local business/industrial organizations. 2. Communications: G o a 1 :A comprehensive range of coramunications which will provide information about the purpose and services of the Corporation to the neighborhood residents, Board members, City administration and business conimunity. - Provide a newsbrief to I!ie neighborhood residents, Board niembers, City administration and business coinmunity containing inforigiation about the public/ private partnership efforts through meetings, project implementation activities and other items of interest. -Develop and provide avel@icle to communicate effec- tively with the neigbborhood residents, Board members, City administration and business comniunity. 3. Housing Needs: Goal: Improve the quality of life through tlie quality and variety of housing witliin the specified neighborhoods as well as other low and moderate income areas. Proruote housing development in areas where the existing infrastructure is provided and will be efficiently used, and where such developments will preserve or enhance the general character of the area. The goal for Dieeting these needs is predicated on the City's commitment to p,,nvide the necessary infrastruc- ture to support housing dev,@lopment in specified neighbor- hoods. The Board will work to encourage the City to allocate the necessary resources to provide this infrastructure. Objectives: - Purchase substandard dwelling units which are occupied by the property owners, in target neighbor- hoods as well as other low and moderate income areas, and rehabilitate the units to Community Development Property Standards and offer the units for sale to qualified low and moderate income families. - 2 - - In conjunction with neighborhood development plans, purchase property within proposed residential areas, construct new low and inoderate income housing and assist neighborhood residents with relocation. - Througli joint ventures wilh private sector partners, develop a new housing infill program within various community developolent neighborhoods. - Encourage the enf'orcement of applicable City codes in order to eliminate vacant, deteriorated and unsafe structures from target neighborhoods. Financial Needs: Goals: A diversified range of financial assistance for the growth and development of the Corporation and the neighbor- hood residents' needs. - Work diligently in seeking federal, state and local governnents, pliilantliropic foundations, churches and local business/industi@ial funding sources for non-profit corporation huusing and human assistance progranis. - Use, wherever possible, low interest loan write-downs and home mortgages to make new construction and rehabilitation feasible ill target areas. - Develop innovative financing methods (including a deferred second mortgage program) for neighborhoods. - Provide assistance to local organizations interested in construction and home improvement assistance utilizing members of such groups as well as area youth and other available neighborhood lylanpower. - Establish a high-risk revolving loan fund for home improvements to unbankable residents. Economic Development: Goal: Broaden the economic base of specific neighborhoods by providing, in conjunction with the city's Economic and Industrial Development Department, employment opportunities for neighborhood residents within ttiose gelected commercial and industrial growth areas. - Encourage the development of commercial and indus- trial activities which will be both supported by and aupportive of the kind of activities needed in the neighborhoods and recommended by the Land Use P-lan. - Provide financial and other assistance for start-ups, expansions and relocations of enterprises in these designated neighborhood areas which are appropriately zoned . - Work to improve the physical environment through quality construction an,! effective management of residential, commercial and industrial properties. - Develop construction assistance through employment/ training programs and job training prograins sponsored by Tidewater Area Bu3iness and Construction Associa- tion and Tidewater Buildei-s Association. 6. Human Resources: Goal: To promote maxinium individual and family functioning, and to enhance the social well-being of neighborhood residents through a coordinated system of personal, health and income maintenance services, utilizing both public and private resources. Objectives: - Develop and assist neighborhood residents in a neighborhood by neighborhood clean-up/fix-up/paint-up program. - Assist individuals to obi,iin credit, financial, and legal aid counseling, income tax services and other kinds of specialized advisory services to neighbor- hood residents. - Establish neighborhood gardening facilities in vacant lots, church yards, beneath overhead power lines and underground utility easement areas for neighborhood resident gar-dening interest. 4 - 36 - Item II-L.8 RESOLUTIONS ITEM # 24532 Connie Gregg, President, Virginia Beach Garden Club, spoke in support of the Virginia Beach Resort Area Advisory Council's Revitalization Plan. Letter dated November 14, 1985, from the Virginia Beach Garden Club, in support of said recommendation is hereby made a part of the record. Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council APPROVED,SUBJECT TO MODIFICATIONS: Ordinance upon FIRST READING to adopt the FY 1985-86 - 1989-90 Capital Improvement Progr-m and to appropriate $61,405,910 for tbe FY 1985-86 Capital Budget, subject to funds being provided from various sources set forth therein. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO ADOPT THE FY 1985-86/FY 1989-90 CAPITAL IMPROVEMENT PROGRAM AND TO APPROPRIATE $61,405,910 FOR THE FY 1985-86 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN WHEREAS, the City Manager, on November 4, 1985, presented to City Council the Capital Improvement Program for fiscal years 1985-86 through 1989-90, and WHEREAS, City Council held two public hearings on the program to pro- vide for public comment, and WHERFAS, based on public cotnment, City Council has determined tlie @ieed for the projects in the Capital Improvement Program, and WHEREAS, it is ne,,,Rssar, Lo appropriate funds for the projects underway or beginning In tbe 1985-86 fiscal year as set forth in said Capital Improvement Program. T@OW, THET@EFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA gv,AC.H, VERGINIA: Section 1: That the program for the construction of, or additi,),i to capital facilities identified for fiscal years 1985-86 through 1989-90 is hereby adopted and that projects listed herein are approved as ca,,Ii@tl Section 2: That tlie projects shall be financed from funds L,) I,,, appropriated periodically by City Council, and until funds are so provide-,I, Lli@! projects are for planning purposes only and may be deleted, altered, or @l,iled in any manner at any time by City Council. Section 3: That fuii,l, i.,i tlk,.- -t@l,)@irits aggregating $61,405,910 for capi- tal projects underway or in the 1985-86 fiscal year as set forth in said Capital Improveino-,ii: Pr,).gram are hereby appropriated, subject to the con- ditions here.,qrt.,,t' ;,@i as follows: Capital Project Appropriatii,i chool P@ie.c.t-s-: 1-968 Roofing Projects $ 1,404,000 1-917 Birdneck Elementar@ '@,412,699 1-952 Rosemont Forest Elementary School 3,950,000 I-q62 Parkway @,lementary School 1,410,000 1-951 Salem High School 485,000 1.-955 Sate,n llementary School 135,000 1-969 West Kempsville Elementary TT -1- Capital Project Appropriation School Projects: (concluded) 1-956 Red Mill Farm Elementary School Site Acquisition $ 250,000 1-954 Center for Effective Learning 6,000,000 1-936 Princess Anne High School Modernization 7,000,000 Total School Projects $ 24,346,699 Engineering and Highways Projects: Roadways: 2-010 Bellamy Area Access Bridge $ 24,175 2-021 Rural Road Improvements 250,000 2-038 Tndependence Boulevard - Route 44 Off-Ramp 1,200,000 2-406 Diamond Springs Road 130,241 2-410 Great Neck Road - Phase TT 392,000 2-816 Highway Safety Tmprovement Project 300,000 2-828 Independence Boulevard Tatersection at Ferrell Parkway 80,000 2-837 Various Cost ParticipatioTi Tmprovements 150,000 2-911 Kempsville Road - Phase II 11,964 2-933 Lynnhaven Parkway - Phase VT 356,646 2-963 Cleveland Street and Dorset Avenue 6,575 2-988 Computerized Traffic Signal System Expansion 177,640 2-995 Independence Boulevard/Buckner Boulevard 206,132 2-034 Pavilion Drive - South 237,020 2-036 Master Street and Highway Plan - Right-of-Way 150,000 2-937 Hilltop Loop (Southwest) 503,452 2-936 Ferrell Parkway - Phase IB 311,541 2-006 Baxter Road Widening 520,410 2-901 Holland Road Phase IV 2,791,383 2-831 Independence Boulevard - Phase IIT 859,721 2-925 Northampton Boulevard - Phase I 1,375,494 2-836 Raygood Road 494,728 2-039 Dam Neck Road - Phase 1 439,640 2-935 Lynnhaven Parkway Phase V 343,485 2-834 Princess Aane Road Kempsville Road Intersection 104,940 2-989 Rosemont Road - Phase TIT 199,299 2-827 Wayside Bridge 1,575 2-007 Constitution Drive - Phase 1 5,000 2-962 Pungo Ferry Road Bridge 171,877 2-919 Shipps Corner Road and Bridge 28,400 2-952 Back Bay Marina Bridge 69,748 2-829 International Parkway Bridge 891,485 2-600 Virginia Beach Boulevard - Phase II 152,150 2-944 Lake Smith Area Street Improvements 247,984 2-947 Mill Dam Area Street Tmprovements 360,408 2-979 Burton Station Streets - Phase T 83,000 2-945 Newsome Farms Area Street Tmprovements 200,000 2-980 Seatack Streets - Phase IIA 202,608 Total Roadways $ 14,030,721 Stormwater: 2-001 Tndian River Road Box Culvert $ 357,097 2-017 City Stormwater Management Study 254,600 2-020 Various Drainage Improvements 200,000 2-712 Dredging Eastern Brancli Tynnhaven River 1,383,539 -2- Capital Project Appropriation Engineering and Highways Projects: (concl,ided) Stormwater: (concluded) 2-817 Chesapeake Beach Drainage - Phase I $ 3,899 2-819 Ocean Park Storm Drainage 372,771 2-826 Atlantic Ocean Underwater Obstruc- tion Removal 50,000 3-933 Landfill #2 - Expansion 1,600,000 3-960 Mt. Trashmore Capping 200,000 2-909 Canal #2 - Phase 11 425,000 Total Stormwater $ 4,846,906 Bikeways: 4-924 Little Neck Bikeway $ 240,287 2-031 Pembroke Bikeway 48,556 Total Bikeways $ 288,843 Resort Area: Resort Area Improvements $ 4,525,250 Total Engineering and liighways Projects $ 23,691,720 Building Projects: 3-808 Animal Control Building Addition $ 20,000 3-905 Central Library 4,312,641 3-953 Police Weapons Range 255,550 3-958 Correction Center Addition - Feasibility Stlidy and Preliminary Plans 400,000 3-963 Judicial Center 100,000 3-964 Circuit Court Renovations 156,000 Total Building Projects $ 5,244,191 Parks and Recreation Projects: 4-801 Virginia Beach Pecreation Center Great Neck $ 1,000,000 4-913 Great Neck Park Development 300,000 4-927 Virginia Beach Recreation Center/ Kempsville Air Conditioning 272,300 4-914 Red Wing Golf Course (18-Hole Addition) 605,000 4-933 Virginia Beach Recreation Center Bayside 635,000 Total Parks and Recreation Projects $ 2,812,300 Water litility Projects; 5-304 Small Line Tmprovements $ 200,000 5-306 Water Request and Agreement Projects 540,000 5-832 Comprehensive Water Study 100,000 5-833 Various Highway Projects 25,000 5-836 Landstown Yard Improvements 100,000 5-939 Kempsville Suction - Phase IT 20,000 4-966 Atlantic Avenue Tmprovements 130,000 5-978 Indian Lakes Boulevard 20,000 5-979 Newtown Road 27,000 5-996 Dam Neck Road - Phase I 100,000 5-622 Shipps Corner Road 18,000 5-712 Sandbridge Road 420,000 5-962 Burton Station Area 50,000 -3- Capital Project Appropriation Water Utility Projects: (concluded) 5-968 Control Center Modifications $ 630,000 5-997 Credle Road 100,000 5-956 Holland Road - Phase IV 6,000 Total Water Utility Projects $ 2,486,000 Sewer Utility Projects: 6-316 Various Sewer Projects $ 348,000 6-815 Infiltration, Inflow, and Rehabilitation 500,000 6-830 Lake Smith/Shell Road 10,000 6-831 Mill Dam Road 42,000 6-928 Cavalier Park/North Linkhorn Park 479,000 6-808 Gatewood Park 152,000 6-932 Lakeview Park 236,000 6-929 Flizabeth River Shores 182,000 6-930 Lynnhaven Acres 19,000 6-933 Croatan Beach 213,000 6-925 Atlantic Avenue Tmprovements 100,000 6-937 Aragona Rehabilitation 100,000 6-938 Princess Aane Plaza Rehabilitation 100,000 6-315 Queen City 52,000 6-923 Reedtown 157,000 6-939 Comprehensive Sewer Study 90,000 6-963 Dam Neck Road - Phase T 20,000 6-964 Baxter Road 25,000 Total Sewer Utility Projects $ 2,825,000 TOTAL APPROPRIATIONS $ 61,405,910 To be funded froin the following sources: Source Amount 1985 Charter Bonds $ 24,400,000 1985 School Referendum Bonds 13,300,000 FY 1986 Revenue Sharing 5,500,000 Community Development 1,322,000 Toll Road Revenue 1,200,000 Water and Sewer Fund 5,000,000 General Fund 10,532,403 Developer Contributions 151,507 TOTAL SOURCES $ 61,405,910 Amounts appropriated above amend any 1985-1986 fiscal year allocatio,is previously authorized in the FY 1985 - FY 1989 Interim Capital ImprovemeTit Program adopted by City Council on July 8, 1985. Section 4. That capital project funds appropriated in prior fiscal years are to be reallocated in accordance with said Capital Improvement Program as follows: Engineering and tlighways: Stor-mwater Projects: 2-008 Princess Anne Plaza @rainage - Bow Creek/Northgate + 59,520 2-815 Stumpy Lake Hydraulic Sttidy and Drainage Improvements 59,520 -4- Parks and Recreation: 4-919 Birchwood, Malibu and Carolanne Farms 200,000 4-932 Munden Poi.lit Bulkheading + 200,000 4-807 Great Neck Meadows Park 77,500 4-808 Saw Pen Point Park + 77,500 Water Utility. 5-304 Small l,ine lm,,)rovp,neats + 1,039,335 5-306 Water Request and Agreement Projects + -enterville Turnpike - 330,000 5-950 Virginia Beach goillev'lr,l - - 406,000 5-952 Providence Road - Phase V - 909,000 5-990 Virginia @l,,@t'-,!vard - Phase II - 341,000 5-9'-'l London BridSe Road Main - 380,000 Sewer TTti',Lty: 6-316 Various Sewer ProjecLs -i- 11335,473 6-307 Old Dam Neck Road - 100,000 6-809 Salem Road - 100,000 6-825 Virginia 3each Boulevard - Phase I - 260,000 6-913 Little Neck Road Force Mai,l - @@20,000 6-915 Witchduck Road - 2,054 6-917 Holland Road - Phase IV - 150,01')o 6-953 @klberthas Drive/Congress Street - 40,000 Section 5. That additioiial a ... )r,),)rL,itions, the transfer of appropriations between projects, an,! tit, :)' i.ipital projects slia"I iot be initiated except with the c,,its,,ii- @i-i,i of t'rie City Council flrst being obtained. Section 6. That tlie qith respect to the expenditure of funds appropriated sfiall- ),It, to the totals for each project class within I I I each funding soiirco, !.i i-iiis ordinance. All contracts awarded for approved and approprtat,i,l @-,i,,)ital projects, exclusive of school projects, must be certifte,l @i, 2@,, ii't@ av@iilability of funds by the Director of Finance prior to the iiiitiart,@,t ,f .4,)r', ),i the contract. Section 7. That this ordinance shall be in aid after Lhe date of its adoptton. Section 8. That if any part or parls, or sectio,i'3, seatences, clauses, phrases of this ordinance is f@,r to be unconstlt,t- I tional or invalid, such decision sliall iot aff@@r the validity of the r@-)@iaining portions of this ordinance. First Pea@it-i.,, November 18, 1983 Second Readi,it,;: Adopted by Lae -louncil of the City of Virginia Beach, Virginia on the day of 19 -. -5- - 37 - Item II-M.a/b/c/d/e/f/ RESOLUTIONS ITEM # 24533 INDUSTRIAL DEVELOPMENT REVENUE BONDS Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED the following Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS by the Virginia Beach Development Authority: Apple Creek Associates I $ 8,000,000 of Virginia Beach, Ltd. Barnett Range Chimney Hill $10,000,000 Bancroft Associates $10,500,000 Courts Associates, L.P. $13,350,000 Thornwood Associates, L. P. $ 5,360,000 Waterfront Associates, L.P. $15,575,000 *Issued by the HamptonRoadsDevelopment Authority Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Apple Creek Associates I of Virgiiiia 1. PROJECT NAME: Beach, Ltd. Pro@ect 500 Preemac Drive 2. LOCATION: Virqinia Beach, Virqi.nia 3. DESCRIPTION OF PROJECT: 204-Unit Residential Rentai Aoartment Project 4. AMOUNT OF BOND ISSUE: $8,000,000 5. PRINCIPALS: Steve Holsey 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-1 b. Is rezoning proposed? Yes No XX C. If so, to what zoning classification? N/A FISCAL FMPACT STArEMCN'r CUI@ I?POPOSL@D INDUSTRZIAL RE,7E@IUE BOND L-'I,@ANCI,'I(; Nc)v@inbur 28, 1984 TC); TEIE CITY COUNCIL OF VIRGINIA i3EACII, VIRcitit.-.. p &,),j L' C Apple Creek Associates I of Virqinil 13utch, Lt@l. Pr()]@ct TYPi' OF F@',CILI'PY: 204-Unit Rental Ap@rtRI,2nt Project 1. mixiii,uiii ainourit of financing sought $ 8,-0-0-0 , 0 0 0 taxable ValUe Of tilc faCiliL',"-- re@i property to be constructed in the niuliicipality $ 6,400,000 3. C@-tiriiated reai prop,+/-rty tax per year using present tax rates $ 44,000 4. Estimated per5onal property tax per v,@c using pre--ent tax ratos $ aierctidnts' capital (busine,@s licen@e) t;Ax per year using present tzlx rac@@ $ N A____ 6. Estilll,,ii:cd dollar value pc@r year of qood-- anci services that will be purchased loc,illy $ 350,000 7. Estiiiiat@d nuiiiber ot reqular einplc)ye(,s on y,,,r rc)und basis 4 8. Av,-@i:39C ziiiriual @alary pur einploy(,(- $ 1 0 0 informaric)n cont3ine(3 in thi@, SLat@,inent is bas(-@d 0,1 fac--3 and estiinates provicied by the Acplicant, and the AuL@i@rity has made no independent invp--tlgaric)n with rec)ect tr,ereto. City of Virginia Beach De,zelopai@nt Authority B@ CEd-irman N@c OJECT NAME: Apple Creek Associates of Virginia Beach, Ltd OJECT ADDRESS: 500 Fremac Dr. 'PE OF PROJECT-. multi-Family RESOLUTIOtq APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS (APPLE CREEK ASSOCIATES I OF VIRGINIA BEACII, LTD. PROJECT) WliEREAS, the City of Virginia Beach Development Authority (the "Development Authority") has corisidered the application of Apple Creek Associates I of Virginia Beach, Ltd., a Virginia Iiinited partnership, or any partnership or corporation of which Steve Holsey is a partner or sliareholder (the "Company") to the ilainpton Redevelopment and Housing Authority (the "llousing Authority") for the issuance of the Housing Authority's special revenue bonds in an amount not to exceed $8,000,000 (the "Bonds") pursuant to SS 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended, to assist in financing the acquisitioll, construction, and equipping by the Company of an approximately 204-unit rental apartment project located at 500 Freemac Drive in Virginia Beach, Virginia (the "Project") and has held a public hearing thereon on November 1 2, 1985; and WiiEREAS, the Development Authority has requested the City Council (the "Council") of Virgillia Beach, Virginia (the "City") to approve the construction of the additional housing and issuance of the Bonds by the Housing Authority to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, the proposed final Treasury regulations issued tllereunder; and WliEREAS, a copy of the Housing Authority's resolution approving the issuance of the Bonds, and a copy of the De- velopment Authority's resolution recommendiiig approval of tlie Bonds by the Council, subject to terms to be agreed upon, and a record of the public hearings held thereon has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF VIR(;INIA BEACII, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the additional liousing to be provided by the Project and further approves issuance of the Bonds by the liampton Redevelopment and Housing Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Housing Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company, and the Bonds shall provide that neither the City, the City of Hampton, tlie Development Authority, nor the Housing Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the -2- taxing power of the Commoriwealth of Virginia, tlie City, the City of Hampton, the Development Authority, or the H ... i,g Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on Noveinber 18, 1985. -3- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Barnett Range Chimney Hill, 1. PROJEC-1 NA',',-.- .14- Partnc.,-.hip 2. LOCATION: Northwest corner of Addison Street and Chininey Hill Parkway 3. DESCRIPTION OF PROJECT: 204-Unit Rental Apartment Project 3-Story Gar en Apartments 4. AMOUNT OF BOND ISSUE: $10,000,000 5. PRINCIPALS: Hal W. Barnett James E. Range Barnett-Ran e Corporation 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is rezoning proposed? Yes No XX C. If so, to what zoning classification? N/A EXIIIBIT C L@ISCAL IMPACT STA,REMENT @'Ui@ lll@OiOSLD INDUSTRIAL IIEVENUE BOND FINANCING OCtober 21, 1985 'PfiL@ CI'I'Y COUNCIL OF VIRGINIA BEACH, VIRGINIA NAML: Birriett Range Chifnney Hill, l California Liinited Partriers@lip 'PYPE Of@ FACILI'PY: 204-Unit Rental Apartnient Project 1. uiiic)uiit ot- Iiiiaticino ,;ought $ 2. tzjxAbl(-@ value of tilt? facility's r,,il i@rc)perty to be conslructed iii tht-, lilt,,-iicif-)ality $ 6-936-000 3. Estiinated r@al property tax per year using present tax rates $- 4. Estiiiiated plrsc)rial property tax per yL-,ir using pre-ent tax ratls @---PVA----- t). L'@tijiiated iiilrcliants' capital (busitiess liceiise) tax per year using present tax rat,2s $ N/A 6. Estiiiiated dollar value per year of goods $ 5,712,000 - During constructior and services thit will be purchased locally $.--L!5-.b4Q---Ihs,@(, ftcr 7. L'@-tiitiiLed iiuiiiber oC r(@gular eiiiployces on ye@c rouiid b"sis $--- 8 8 Averaje aiinudl salary pLr employec, $ 15,000 Th@ iiiformation contained in tliis StateiTient is based solely uti C@oL,3 anL! estiiiiatl-s provided by the Applicant, and the Aut@,ority has made no indlpendent investigation with repect t@,ereto. City of Virginia BLach DLvelopineiit Authority -------------- dl,l 20 M4 14 @A D@@ i@p L 1 lr.IBER SEE GRID CINN, 11@l@ 11 k 5 kiEs 6 k@ll 1,10 L!, T ILLAGE GRECN 9 SALENI LAKES P, wl" RUN FARM PROJECT NAME: CHIMNEY HILL APARTMENTS (BARNETT RANGE CHItlNEY HILL, A CALIFORNIA LIMITED PARTNERSHIP) PROJECT ADDRESS: Northwest corner of Addison Street and Chimney Hill Parkway TYPE OF PROJECT: Apartments A nieeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 18th day of November, 1985. Councilman Councilwoman On niotion bY Fentress and seconded by -Creech the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF HOUSING REVENUE BONU 10 BARNLII KANGE CHII,INLY HILL, A CALIFORNIA LIMITED PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application and plan of financing of Barnett Range Chimney Hill, a California Limited Partnership in formation, or a partnership to be forTfled in which Barnett Range Chimney Hill, a California Limited Partnership, will be a general partner (the "Company"), for the issuatice of the Authority's housing revenue bond or bonds in an amourit estimated at $10,000,000.00 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of a 204 unit multi-family residential rental housing project, including associated anienities (the "Project"), at the northwest corner of the intersection of Addison Street and Chimney Hill Parkway, in the City of Virginia Beach, Virginia (the "City"), and has held a public hearing thereon on November 12, 1985; WHEREAS, the Company desires to finance the acquisition, coristruction and equipping of the Project with the proceeds of industrial development bonds exempt from taxation pursuant to Section 103(b)(4)(A) of the Internal Revenue Code dnd the Coiflpany has indicated to this Council that the Project will be operated so as to iijake available at least 20% of the housing units to person of low or moderate income; and WHEREAS, the City of Virginia Beach wishes to foster the availability of housing to persons of low or moderate inconie; and WHEREAS, there is a shortage of safe or sanitary dwelling acconiniodations in the City of Virginia Beach available to persons of low or inoderate income at rentals they can afford; and WHEREAS, the Authority has requested the City Council (the "Council" of the City, to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the bonds, subjec't to terms to be agreed upori, a tiscal inipact stateiiient and a summary of the public hearing has been filed with tlie Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the plan of financing, including tlie issuance of the Bonds by the Authority, for the benefit of Barnett Range Chi niney Hi II, a Cal if ornia Li mited Partnershi p, or a partners Iii p to be formed in which Barnett Range Chimney Hill, a California Limited Partnership will be a general partner, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of plan of financing and the issuance of the Bonds, as required by Section 103(k), does not constitute an endorseinent of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643 of the Acts of 1964 of the General Assenibly of the Commonwealth of Vrigina, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bond@. or the interest thereon or other costs incident thereto except frojp the revenues and moneys pledged tlierefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November 18, 1985. WLN.RESO.HILL.10/22/85 - 2 - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Bancroft Associates 2. LOCATION: 13.167 acres of land located at 1870 Enterprise Court Virginia Beach, Vdrginia 3. DESCRIPTION OF PROJECT: 244 unit multi-family residential rental housing complex 4. AMOUNT OF BOND ISSUE: $10,500,000.00 5. PRINCIPALS: Gamco Equities 85-ii Cheryl Bryson Lockwood Edwin A. Joseph Charles Stoneham 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is rezoning proposed? Yes No x C. If so, to what zoning classification? FISCAL ITIPACT STATEMENT SUBMITTED TO CITY OF VIRGINIA BEACH DEVELOPILENT AUTHORITY Date: Septeiiiber 26, 1981, Tlie un dersi giied Chdi rinan state s , in coifipl idnce vii th Sec l@i oil Code of Virginia of 1950: f Applicant: Bancroft Associates 244 Unit Multi-Fdlflily Housing Project I ixi;iiuiii aiiiount of finiiicing soug@it @10,@@(jo,ooo.00 L@.tiiiiateci taxablc@ velul, of the facility's pvor)t@l,ty to be cciistructed iii the City ot Virginia beach SID,500,000.6@@ Erltiii,,tted r(,,i] property tax per yc,,@r usiiig tiix rdt s @@4,000.Oij LItiiii,iteci personal pr,ol)erty tax pet@ y@ll,r u,.irig prlsent tax rites 0 6. IsLiiiiited busiiiess licerisl, (in lieu of ii@ercliatits' capital) tax per year using present t,dtts 0 u. L@,ti@iidtc@d dollat, value per ye,)i, ()f goods and st2rvice,l that will be I)ur,clj@, d locally 70,000.(( E@tiniated iiuiiibtr of regular e[liployees on yeir t,ound basis 8 Average aiinual salary per employel 8,000,i)o Cl'i'Y Oi' VlkG.LNIA BE@@CH AUTli0f@ITY Chairitiafi H K tl ILLS i? 13 Ni .16.1 @LL -@iASiiINGT )t4 SQUARI TIAIL ;E CIU AC PROJECT NAME: Bancroft Associates PROJECT ADDRESS: 1870 Enterprise court Virginia Beach, Virginia a'YPE OF PROJECT: 244 urlit I'lulti-family resid(,ntial, rental comIDlex A iiieeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the @XBWXD(X A= November 18, 1985. Councilman Councilwoman On motion b.y Fentress and seconded by Creech tiie following Resolution RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BANCROFT ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginid Beach, Virginia (the "Authority"), has considered the application of Bancroft Associates (the "Purchaser"), for the issuance of the Authority's housing revenue bond or bonds in an ainount estiiiiated at $10,500,000 (the "Bonds") to assist in the financing of the Purchaser's acquisition, renovation and operation of a 244-unit niulti-family residential rental complex (the "Project") in the City of Virginia Beach, Virginia, subject to a public hearing being held thereon on November 12, 1985. WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon and a record of public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority, for tlie betiefit of the Purchaser, to the extcnt required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by @lection 103(k) of tlie Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Purcliaser, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the CoflifTionwealth, the City, or the Authority shall be pledged ttlereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November 18, 1985 GKQ.RESO.BA14CROFT.9/27/85 - 2 - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND 1. PROJECT NAME: COURTS ASSOCIATES, L.P. FACILITY 2. LOCATION: 4600 Soho Court, Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 456 unit apartment complex 4. AMOUNT OF BOND ISSUE: $13,350,000 5. PRINCIPALS: James R. Morrow Vincent J. Mastracco, Jr. Thomas C. Broyles 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: A-2 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND FINANCING DATE: October 10, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Courts Associates, L.P. Facility TYPE OF FACILITY: Apartment Complex 1. Maximum amount of financing sought $13,350,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $13,350,000 3. Estimated real property tax per year using present tax rates $ 106,800 4. Estimated personal property tax per year using present tax rates $ 300 5. Estimated merchants' capital (business license) tax per year using present tax rates N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 1,350,000 7. Estimated number of regular employees on year round basis 27 8. Average annual salary per employee $ 15,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By unairman "'LLIA.S 'i,@ NA.ME OF PROJECT: Courts Associates, L.P. ADDRESS OF PROJECT: 4600 Soho Court Virginia Beach, VA TYPE OF PROJECT: 456 Apartment Complex RESOLUTION APPROVING THE ISSUANCE OF MULTIFAMILY RESIDENTIAL RENTAL REVENUE BONDS FOR COURTS ASSOCIATES, L.P. WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Courts Associates, L.P., a Virginia limited partnership (the Compa- ny) whose address is 2240 Great Neck Road, Virginia Beach, Virginia 23451, for the issuance of the Authority's multi- family residential rental revenue bonds in an amount not to exceed $13,350,000 (the Bonds) to assist in financing of the Company's acquisition and renovation of a multifamily resi- dential rental project containing approximately 456 units and known as the Pembroke Courts Apartments (the Facility) located at 4600 Soho Court in the City of Virginia Beach, Virginia, and to be owned or managed by the Company and has held a public hearing thereon on November 12, 1985; and WHEREAS, pursuant to Section 11.1 of Chapter 643 of the Virginia Acts of Assembly of 1964, as amended, the Authority has determined that (i) there is a significant shortage of affordable sanitary and safe residential rental property in the City for individuals and families of low and moderate income and (ii) provision of financing of the Facility meeting the requirements of Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code), by the Authority will be in the public inter- est and will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with (i) Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and (ii) Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing, if any, and the fiscal impact state- ment required by Section 15.1-1378.2 of the Virginia Code have been filed with the Council of the City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Bonds by the Authority, for the benefit of the Compa- ny, to the extent of and as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. In approving this Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable, and hereby disclaims all liability for, any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt multifamily housing bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt multifamily housing bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on November 18, 1985 1985. 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND 1. PROJECT NAME: THORNWOOD ASSOCIATES, L.P. FACILITY 2. LOCATION: Northern terminus of Aylesbury Drive Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 134 unit apartment complex 4. AMOUNT OF BOND ISSUE: $5,360,000 5. PRINCIPALS: James R. Morrow Vincent J. Mastracco, Jr. Thomas C. Broyles 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: A-1 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND FINANCING DATE: October 10, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Thornwood Associates, L.P. Facility TYPE OF FACILITY: Apartment Complex 1. Maximum amount of financing sought $5,360,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $5,360,000 3. Estimated real property tax per year using present tax rates $ 42,880 4. Estimated personal property tax per year using present tax rates $ 600 5. Estimated merchants' capital (business license) tax per year using present tax rates N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 402,000 7. Estimated number of regular employees on year round basis 10 8. Average annual salary per employee $ 15,000 The information contained in this Statement is based solely on facts aiid estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVEI,OPMENT AUTHORITY By Chairman 'INIA I., @S JHS & AKE@ AM IIAR ,LLS C. C. NAME OF PROJECT: Thornwood Associates, L.P. ADDRESS OF PROJECT: Davis Court, Virginia Beach, VA TYPE OF PROJECT: 134 Apartment Complex RESOLUTION APPROVING THE ISSUANCE OF MULTIFAMILY RESIDENTIAL RENTAL REVENUE BONDS FOR THORNWOOD ASSOCIATES, L.P. WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Thorn- wood Associates, L.P., a Virginia limited partnership (the Company) whose address is 2240 Great Neck Road, Virginia Beach, Virginia 23451, for the issuance of the Authority's multifamily residential rental revenue bonds in an amount not to exceed $5,360,000 (the Bonds) to assist in financing of the Company's acquisition of approximately 11.18 acres of land located at the northern terminus of Aylesbury Drive in Virginia Beach, Virginia, and construction thereon, and equipping, of a multifamily residential rental project containing approximately 134 units (the Facility) and to be owned or managed by the Company and has held a public hearing thereon on November 12, 1985; and WHEREAS, pursuant to Section 11.1 of Chapter 643 of the Virginia Acts of Assembly of 1964, as amended, the Authority has determined that (i) there is a significant shortage of affordable sanitary and safe residential rental property in the City for individuals and families of low and moderate income and (ii) provision of financing of the Facility meeting the requirements of Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code), by the Authority will be in the public inter- est and will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with (i) Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and (ii) Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing, if any, and the fiscal impact state- ment required by Section 15.1-1378.2 of the Virginia Code have been filed with the Council of the City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoinq recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Bonds by the Authority, for the benefit of the Compa- ny, to the extent of and as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virqinia Code, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643 of the 1964 Acts of the General Assembly of virginia, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. in approving this Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable, and hereby disclaims all liability for, any damaqes to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt multifamily housing bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt multifamily housing bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, virqinia, on Novembr 18, 1985 1985. 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND 1. PROJECT NAME: WATERFORD ASSOCIATES, L.P. FACILITY 2. LOCATION: 5500 Shore Drive, Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 375 unit apartment complex 4. AMOUNT OF BOND ISSUE: $15,575,000 5. PRINCIPALS: James R. Morrow Vincent J. Mastracco, Jr. Thomas C. Broyles 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: A-3 and B-2 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND FINANCING DATE: October 10, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Waterford Associates, L.P. Facility TYPE OF FACILITY: Apartment Complex 1. Maximum amount of financing sought $15,575,000 2. Estimated taxable value of the facility's real property to be constructed in tlie municipality $16,150,000 3. Estimated real property tax per year using present tax rates $ 129,200 4. Estimated personal property tax per year using present tax rates $ 300 5. Estimated merchants' capital (business license) tax per year using present tax rates N/A 6. Estimated dollar value per year of goods and services that will be purchased locally s 1,000,000 7. Estimated number of regular employees on year round basis 22 8. Average annual salary per employee $ 15,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Ch.irma. USN Cf ANEY ISLP ND 4MPTON ROADS S JPPLY DEPI)T 2%37ullq 34 CHESA KE pr NAME OF PROJECT: Waterford Associates, L.P. ADDRESS OF PROJECT: Donegal Drive Virginia Beach, VA TYPE OF PROJECT: 375 Apartment Complex RESOLUTION APPROVING THE ISSUANCE OF MULTIFAMILY RESIDENTIAL RENTAL REVENUE BONDS FOR WATERFORD ASSOCIATES, L.P. WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Water- ford Associates, L.P., a Virginia limited partnership (the Company) whose address is 2240 Great Neck Road, Virginia Beach, Virginia 23451, for the issuance of the Authority's multifamily residential rental revenue bonds in an amount not to exceed $15,575,000 (the Bonds) to assist in financing of the Company's acquisition and renovation of a multifamily residential rental project containing approximately 375 units and known as The Waterford Apartments (the Facility) located at 5500 Shore Drive in the City of Virginia Beach, Virginia, and to be owned or managed by the Company and has held a public hearing thereon on November 12, 1985; and WHEREAS, pursuant to Section 11.1 of Chapter 643 of the Virginia Acts of Assembly of 1964, as amended, the Authority has determined that (i) there is a significant shortage of affordable sanitary and safe residential rental property in the City for individuals and families of low and moderate income and (ii) provision of financing of the Facility meeting the requirements of Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code), by the Authority will be in the public inter- est and will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with (i) Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and (ii) Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing, if any, and the fiscal impact state- ment required by Section 15.1-1378.2 of the Virginia Code have been filed with the Council of the City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Bonds by the Authority, for the benefit of the Compa- ny, to the extent of and as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. In approving this Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable, and hereby disclaims all liability for, any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt multifamily housing bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt multifamily housing bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on November 18, 1985 1985. 2 - 38 - Item II-M.h/i/j/k/ RESOLUTIONS ITEM # 24534 INDUSTRIAL DEVELOPMENT REVENUE BONDS Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council ADOPTED the following Resolutions approving the issuance of INDUSTR@ DEVELOP@ REVENUE BONDS by the Virginia Beach Development Authority; Potter Properties $ 700,000 Richard A. Beskin $ 550,000 Secure Ventures $ 750,000 Moore Farm Associates s 10,000,000 Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: None SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Pnttpr Prapprt-ip.-, 2. LOCATION: East side of Oceana Blvd. dne- half mile south of Southern Blvd. 3. DESCRLPTION OF PROJECT: office/warehouse 4. AMOUNT OF BOND ISSUE:- 5 - PRINCIPALS: John RaV Potter Dean S. Potter Gordon B: Potter 6. ZONING CLASSIFICATION: a. Present zoninq classification of the Property b. Is rezoning proposed? Yes No x C. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO-. THE CITY COUNCIL OF VIRGINIA BEACfl, VIRGINIA PROJECT NARE: TYPE OF FACILITY: 1. maximum amount of financing sought s 700,000 2. Estimated taxable value of the facility's real property to be constructed in the 850,000 municipality $ 3. Estimated real property tax per year using present tax rates $ 8,800 4. Estimated personal property tax per year using present tax rates $ 2,000 5. Estimated merchants' capital (business license) tax per year using present tax rates s unknown 6. Estimated dollar value per year of goods and services that will be purchased 100,000 locally $ 7. Estimated number of regular employees on 54 year round basis $ Average annual salary per employee $ 'Inti The information contained in tbis Statement is based solely on facts and estimates provided by the Applicant, and the Autl@ority has ni@de no independent investigation with respect thereto. City of Virginia Beach Development Authority BX c ECONOMIC IMPACT STATEMENT 1. Amount of investment 2. Amount of industrial revenue bond financing sought 700,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach 850,000 4. Estimated real property tax per year using present tax rate 5. Estimated personal property tax 2,000 1 t). Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 54 possible B. Payroll generated $ 783,000 Av. Wage $ 14,500 C. Number of jobs retained -N/A D. Payroll retained $ Av. Wage $ E. Estimate of the value of goods and services purchased within the geographic boundary of virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value motor vehicles $ 40,000 Professional fees $ 25,000 Insurance $ 35,000 TOTAL $- 100,000 F. Estimated building permit fee and other municipal fees $ 834.00 G. Estimated construction payroll 250,000 H. Estimated value of construction material to be purchased within the City of Virginia virginia Beach 250,000 I. Estimated number of construction jobs 51 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project The Proiect will L)rovide space for occupancy by new business 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes x No !las a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No -X 9. Will the bond financing close within 90 days from the date of adoption of the the inducement resolution? Yes x No 10. Location of project (attach location map) East side of Oceana Blvd. one-half mile southof southern Blvd. 11. Explanation of alternative financing that has been reviewed for project none I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. (Applicant) Subscribed and sworn to before me this day of ("A, 1 9 8 5 . t@@P.blic My Corimission Expires: 9 IAY CHESAPEAKE BEACH EIYY,LLE FARMS @,BROKC REDWING- s HIL PROJFCT NP-14E: POTTER PROPERTIES IIRC)JEC'P I,OCATION: l@'AS'P SIDP@' Or' OCI@',N@JA FiLV'). ONI,.- IIALI@ MILI,: ',Otl'rll 01.' SOU'I'Ill.'RN BLVD. PROJECT TYPE: OFFICE/IIAREHOUSE RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR POTTER PROPERTIES WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Potter Properties, a Virginia general partnership, (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $700,000 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipi?ing of a 25,000 office/warehouse facility (the Facility) to be located at on the east side of Oceana Boulevard one half mile south of Southern Boulevard, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on November 12, 1985, and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, 1950, as amended, a cooy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed suminary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Potter Properties, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith nor credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum oE the Council of the City of Virginia Beach, Virginia, on November 18, 1985. 061716/tw/COM -2- 4/25/84 SUMMARY SHEET EXHIBIT P CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: Richard A. Beskin 2. LOCATION: Parcel B-1 Southport Circle Virginia Beach, VA 23462 3. DESCRIPTION OF PROJECT: Office Building 4. AMOUNT OF BOND ISSUE: 550,000. 5. PRINCIPALS: Richard A. Beakin 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. is rezoning proposed? Yes No x C. If so, to what zoning classification? Exhibit D FISCAL IMPACT STATEMi-,'NT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: lo-17-85 'l,c): THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Ricliard A. beskin TYPE OF i'ACILITY: Office Building 1. Mtxiiiiuiii ainount of financing sought $ 550,000. PsLijiiited taxable value of the facility's re,il I)roperty to be coiistructed in Lhe illuiiicipality s 5 65, 00o. 3. I;I'stiiiiated real property tax per year usiiig present tax rates $ 4,803 4. 1,@,;tiiiiited persorial property tax per 0 yeac using present tax rates $ 5. Estiinated nierchdnts' capital (business liceiise) tax per year using present tax 0 rate,s $ 6. Estiiiiated dollar value per year of goods aiid services that will be purchased 15,000 locally $ 7. Estijtiated tiuinber of regular einployees on 20 year round basis $ B. Avet@ige aniiual salary per eniployee s 15,000 'I'lie itifor[iiatioii contained in this Stateilient is based solely c,ii tact,,3 And estiiuates provided by tlie Applicailt, aild the Autilc)riLy lizis iiiade no indepen(lent investicjation with repect ttiereLc). City of Virginia Beach Development Auttkority Chairnian @Xicliai,d A. Besltin Economic lmp&ct Statament 550,000. 1. Amount of investment 2. Amount of industrial revenue bond financing sought 550,00. 3. Estimated taxable value of the facility's real property to be constructed in the City 565,00. of Virginia Beach 4. Estimated real property tax per year using $ 4,803 present tax rate 5. Estimated personal property tax $ 0, 6. Ec onomic impact statement demonstrating the overall return to the city: A. Number of new Jobs .10-. possible B. Payroll generated $ 200 ooo. Av. Wage C. Number of jobs retained 10 D. Payroll retained S 285,000. Av. Wage S 15,000 E. Estimate of the value of goods and iervices purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value & Supplies Inventory & MachinerL- 175,000, Prof. Services 20,000. Insurance $ 5,000. Auto 20,000 TOTAL S 220,000. other =nicipal $ 11,00 F. Stimated builditg P armit fees 175,000. -CtiOn payroll G . Estimated const B.timated valu, of construction material E. to b, purchased within the CitY Of 375,000. Virginia Beach 25 Escimated numbei of construction jobs J. Any other @tems which the applicant feels the AuthOrity should be made aware of in This building will be the first in the Southport evaluating the projec Bu.5ine5s Park. '.ThiE ing will therefore attract more ng buyers to purchase an build simi e e ... Z,.. bae f cifir- use being 7. 1, the site curre ntly zoned zoned progo,ed for iridustrial -reverlu, bond financing? Yea@ I-1 NR- t/co=itment been accepted by 8. Has a bond purchase agreemen , the ap.plicant? (attach a copy.) Yes X No s from the 9. will the bond financing riose .within 90 daY date of adopti,, of the induceme,t resolution? Yes X- No Parcel B-1 10. Location of project (attach location maP) Southport Circle, Virginia Beach, VA 23 11. Explanation of alternative financing that has been reviewed for project None in the above n 'res pects. Subscribed and sworn to be: 1984.\ vo PROJECT NAME: Richard A..Beskin PROJECT ADDRESS; Parcel B-1 Southport Circle Virginia Beach, VA 23462 TYPE OF PROJECT; Office 4/9/85 EXHIBIT E RESOLUTION APPROVING THE [PLAN OF FINANCING OF [ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR) Richard A. Beskin WHEREAS, the City Of Virginia Beach Development Authority (the Authority) has considered the application [and plan of financing] of (the Company) for the issuance of the Authorityls industrial development revenue bonds ip an amount (estimated at] [not to exceed] $ 550,000. (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of 4 Office Building facility (the Facility) to be located at Parcel B-1 Southport Circle in the City of Virginia Beach, Virgini4, and has held a public hearing thereon on Noveinber 12, 1985 ; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the [plan of financing] [issuance of the Bonds] to comply with Section 103(k) of the Internal Revenue Code of 1954, as e and WHEREAS, pursuant to S15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the [plan of financing) [issuance of the Bonds], subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the (plan of financing] [issuance of the Bonds) by the City of Virginia Beach Development Authority for the benefit of Richard A. Beskin to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the [plan of financing) [issuance of the Bonds], as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on Novemer 1 985. CMS/CJ/da 3/9/83, 9/6/83, 11/2/83, 11/10/83, 4/25/84 4/9/85 -2- 4/25/84 EXHIBIT F SUMMARY SliEET CITY OF VIRGINIA BEACii DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND SECURE VENTURES 1. PROJECT NAME: Tm75x?5 2. LOCATION: hwest corner of Pleasure House koad and Northampton Boulevard 3. DESCRIPTION OF PROJECT: office and restaurant s-pace 4. AMOUNT OF BOND ISSUE: $750,000 5. PRINCIPALS: Mr. Wayne Beagle Mr. H. David Webster Mr. John Loulan Mr. Stan Tseng 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-2 b. Is rezoning proposed? Yes No xxx C. If so, to what zoning classification? N/A Exhibit D FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: 9/17/85 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRG.INIA PROJECT NAME: Thoroughgood Plaza (Secure Ventures) TYPE OF FACILITY: Office/Restaurant Space 1. Maximum amount of financing sought $ 750,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 700,000 3. Estimated real property tax per year using present tax rates $ 5,600 4. Estimated personal property tax per year using present tax rates $ 1,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 1,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 75,noo 7. Estimated number of regular eiflployees on year round basis $ Twenty-five (25) B. Average annual salary per employee $ 15,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By C a-irman Exiiibit H Economic Impact Statement 1. Amount of investment $ 750,000 2. Amount of industrial revenue bond financing sought $ -7 5 0 , 0 0 0 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $7 0 0 , 0 0 0 4. Estimated real property tax per year usiig 5,600 present tax rate $ 5. Estimated personal property tax $ 1,000 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 25 -- DOSSible B. Payroll generated $.375,000 Av. Wage $15 000 C. Number of jobs retained N/A D. Payroll retained $ N/A Av. Wage $ N/A E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Restaurant supplies$ 70,000 Office supplies $. 5,000 TOTKL $ 75,000 ther municipal F. Esrimaced building permit fee and o 7 5 0 . 0 0 fees $ C. Estimated construction payroll $ 1 2 50 0 0 H. Estimated value of construction material to be purchased within the City of Vir-.inia Beach $ . bs 35 I. Escimaced number of construction 3o J. Any other items which the applicant feels the Author:Lty should be made aware of in evaluating the projec t space 7. is the site curre.ntly zoned for the specific use being Zoned B-2 proposed for industrial revenue bond financing? Yesx@ No 8. Has a bond purchase agreement/co=itment been accepted by xxx the applicant? (attach a copy) Yes No 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes xxx No 10. Location of project (attach location map) Southwest Corner of Pleasure House Road and Northampton Boulevard ii. Explanation of alternative financing that has been reviewed for project None I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. (Applicant) Subscribed and sworn to before me this _ day of 1 9 8 4 . Notary Public My Commission Expires: Scale 1" = 2,000' 2000 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 F@., 1 5 0 9-7 N 'D PROJECT NAME: SECURE VENTURE PROJECT DESCRIPTION: OFFICE/RESTAURANT SPACE PROJECT LOCATION: SOUTHWEST CORNER OF PLEASURE IIOUSE ROAD AND NORTHAMPTON BOULEVARD RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR SECURE VENTURES FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Secure Ventures, a Virginia general partnership, or any partnership or corpora- tion of which Mr. H. David Webster is a partner or share- holder (the "Company") for the issuance of the Authority's industrial developutent revenue bonds in an alliount not to exceed $750,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of an office and restaurant facility consisting of approximately 11,600 square feet, to be located at the southwest corner of Pleasure House Road and Northainpton Boulevard in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on November 12, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, virqinia (the "City") to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as aniended; and WHEREAS, pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be niutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Secure Ventures, or any partnership or corporation of which Mr. H. David Webster, is a partner or shareholder, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including, but not limited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development revenue bond volume to the Facility if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or thereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on November 18, 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUT[IORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: MOORE FARM ASSOCIATES 2. LOCATION: NORTIIEAST CORNER OF DIAMOND SPRINGS ROAD AND IIAY@OOD ROAD 3. DESCRIPTION OF PROJECT: RETAIL SIIOPPING CENTER 4. AMOUNT OF BOND ISSUE: $10,000,000 5. PRINCIPALS: RAMON W. BREEDEN, JR., HERBERT L. KRAMER, RICHARD G. KRAMER, JEFFREY L. KRAMER, EDWARD A. KRAMER 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? 5/ 8 3 FISCAL IMPACT STATEMENT DATE: JULY 10, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEAC[I, VIRGINIA PROJECT NAME: MOORE FARM ASSOCIATES TYPE OF FACILITY: RETAIL SHOPPING CENTER 1. Maximum amount of financing sought $--lo,ooo,ooo 2. Estimated taxable value of the facilitv's real property to be constructed in th@ municipality $ io,ooo,ooo 3. Estimated real property tax per year using present tax rates $ 80,000 4. Estimated personal property tax per year using present tax rates $ in nnn 5. Estimated merchants' capital (business license) tax per year using present tax 30,000 rates $ 6. Esti,,nated dollar value per year of goods and services tliat will be purchased during locally $ 7,000,000 kconstructio, 8,000,000 (after 7. Estimated number of regular employees on constructioi year round basis 2@O 8. Average annual salary per employee $ @12,000-- The information contained in this Statement is based solelv on Eacts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority BY- Chiir-ma-n--- Economic Impact Statement 1. Amount of investment 2. Amount of industrial revenue bond financing sought 1 0 0 0 0 0 0 0 3. Estimated taxable value of the facility's real property to be constructed in the Citv of Virginia Beach $ 1 0 0 0 0 0 0 0 4. Estimated real property tax per year uting present tax rate 0,000 5. Estimated personal property tax 10,000 6. Economic impact statement dem,ns,@r,tinQ @he overall j:eturn to the'city: A. Number of new jobs 2 5 0 B. Payroll generated $ 3 ooo 000 Av. Wage 12,000 C. Number of jobs retainbd N/A D. Payroll retained $ N/A Av. Wage $ E. Estimate of the value of goods. and Services Purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional Services, insurance,@motor vehicles, etc.): Type Value Inventory $ 000 TOTAL 8 0 0 0 0 0 0 Estimated, Dependent on Tenant Mix F- Estimated building permit fe@ and other municipal fees lo qo-o G. Estimated construction payroll 800 000 Ii. Estimated value of construction material to be Purchased within the C ity of Virginia Beach 200 000 I. Estimated number of construction jobs 150 Any other items which the applicant feels the Authority shOUld be made aware of in evaluating the project Provide first quality retail space to serve the community. 7 Is the site currently'zoned for the use of beinc: prodosed for industrial revenue bond financing? Ye s No X 8. Has a bond Purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes No X 9- Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes x No 10. Location of project (attach location map) Northeast corrier of Diamond Springs Road and Haygood Road 11. Explanation of alternative financing that has been reviewed for project None Application for re-zoning is pending. I hereby certify hat the infor-mation stated in th, ab ov e Economic Impact Statement-is accurate and true in all respec'ts. Subscribed and S,,orri to before me this day of 1984. N.,.ry p..I,@ Mv CO',nmission Exrires: @DU PA [.'.i 1- N T A L TIO A PTI, (B L A4,, I ESTAT@ olmou NE, POI] NDIIll JUNESL@ st,.Ppi,,g C, @t,, NT ALD@@@ ST@ ol ziCLE ACR @IAC@S L G.O@E A@( D@@o@Alt PROJECT NAME: MOORE FARM ASSOCIATES PROJECT ADDRESS: NORTHEAST CORNER OF DIAMOND SPRINGS ROAD AND HAYGOOD ROAD - VIRGINIA BEACH, VA TYPE OF PROJECT: 200,000 SQUARE FOOT RETAIL SHOPPING CENTER RESOLUTION APPROVING TIIE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR MOORE FARM ASSOCIATES FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Moore Farm Associates, a Virginia limited partnership, or any partner- ship or corporation of which Ramon W. Breeden, Jr. is a partner or sliareholder (the "Company") for the issuance of the Author- ity's industrial development revenue bonds in an ainount not to exceed $10,000,000 (tlie "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of an approximately 200,000 square foot retail shopping center facility, on approximately 27 acres of land, to be located on tlie northeast corner of Diamond Springs Road and flaygood Road, in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on November 12, 19-85; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to SS15.1-1378-1 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGLNIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Moore Farm Associates, or any partnership or corporation of which Ramon W. Breeden, Jr. is a partner or shareholder, to the extent of and as required by Section 103(k) of tiie Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute-an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Asseinbly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest the@on or otlier costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Comnionwealth, the City, or the Authority shall be pledged thereto. 3. In approving @he Resolution, the City of V' irginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liabil- ity for any dantages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including, but not limited -2- to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuatice of tax exempt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development revenue bond volume to the Facility if the issuance of tax exempt bonds by the Authority is restricted by aiiy state or federal statute now or thereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on November 1$, 1985. -3- - 39 - Item II-M.1 RESOLUTIONS ITEM # 24535 INDUSTRIAL DEVELOPMENT REVENUE BONDS Upon motion by Councilman McCoy, secouded by Councilman Baum, City Council ADOPTED the following Resolution approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS by the Virginia Beach Development Authority. George S. Hazzis $ 650,000 (Refunding Issue) Attorney Charles Salle' referenced this is refinancing a part of the Existing Industrial Development Bond on the FURMANITE facility. This Bond would REFUND the Bond in the name of the new owner. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: None 4/25/84 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: George S. Hazzis Facility 2. LOCATION: 529 Viking Drive VirginiB Beach, Virginia 3. DESCRIPTION OF PRDJECI': acquiring, improving and equipping a manufacturing, warehouse, distribution, communi.cations, training and office facilitv 4. AMOUNT OF BOND ISSUE: $640,000.00 (Refunding Issue) 5. PRINCIPALS: George S. Hazzis, 3040 Lynndale Road, Virginia Beach, Virginia 23452 -lidewater Pizza- Inc., 535 London Brid@e Road, Virginia Beach, Virginia 23454 6. ZONING CLASSIFICATION: R. Present zoning ClaSSifiCation of the Property b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? Exhibit D FISCAL IMPACT STATEMENT FOR PROPOSED XNDUSTRIJKL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCXL OF V114GINIA BE,4CH, VIRGINIA PROJECT WARE: TYPE OF FACILITY: 1. Maximum amount of financing sought $ 640,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municLpality $ 1,425,000.00 3. Estimated real property tax per year using present tax rates $ 11,400.00 4. Estimated personal property tax per year using present tax rates $ 24,000.00 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 12,500.00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 6,100,000.00 7. E'stimated number of regular employees on year round basis $ 394 B. Average annual salary per employee $ 10,000.00 The ineormation contained In this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By airma A c II .1ili,S i,@dp i.) 21 2 4 it sit caio p mu c AC ES 1 0 George S. Hazzis Facility 529 Viking Drive Va- Beach, VA I!anufacturing, office - warehouse Facility RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR THE GEORGE S. HAZZIS FACILITY WHEREAS, the City of Virginia Beach Development Au- thority (the Authority) has considered the application of George S. Hazzis (the Applicant) for the issuance of the Au- thority's industrial development revenue refunding bonds in an amount not to exceed $640,000.00 (the Refunding Bonds) to as- sist in the financing of the Applicant's acquisition, improve- ment and equipping of a manufacturing, warehousing, distribu- tion, wholesale, vehicle repair, communication, training and office facility (the Facility) to be located at 529 Viking Drive in the City of Virginia Beach, Virginia, and has held a public hearing thereon on November 12, 1985; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to ap- prove the issuance of the Refunding Bonds to comply with Sec- tion 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1, Code of virginia of 1950, as amended, a copy of the Authority's Resolu- tion approving the issuance of the Refunding Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Tbe Council of the City of Virginia Beach, Virginia, approves the issuance of the Refunding Bonds by the City of Virginia Beach Development Authority for the benefit of George S. Hazzis, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Refunding Bonds, as required by Section 103(k), does not constitute an endorsement of the Refunding Bonds or the creditworthiness of the Applicant, but pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Refunding Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Refunding Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. The Council hereby directs that an election be filed with the Internal Revenue Service to have the $10,000,000.00 limit of Section 103(b)(6)(D) applied to all in- dustrial development revenue bond financing issued, or refunded, in connection with the Facility. 4. This Resolution shall take effect immediatell, upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on November 18, 1985. -2- - 40 - Item II-N CONSENT AGENDA ITEM # 24536 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED in ONE MOTION Items 1, 2, 3, 5, 7, 8, 9, 10, 11, 12, 13 and 14. Items 4 and 6 were voted upon seperately Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 41 - Item II-N-1 ITEM # 24537 CONSENT AGENDA Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED: Resolution in Memorium - Captain Nelson Sabin Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 RESOLUTION IN MEMORIAM WHEREAS: The City was recently saddened by the death of CAPTAIN NELSON SABIN a dedicated citizen whose unselfish and unwavering devotion made this city a better place in which to live, work and play. He was sensitive to the needs of others, capable of facing a problem head-on without thought of self but in a professional manner. If he was unfamiliar with its origin and history, he was quick to research and evaluate. He found a way to resolve the biggest and make the most of the solution. He was tireless in his effort and moved about in a quiet but efficient manner. Many a timid climber took one step higher on the ladder of life — many an impossible task became a reality. In his neighborhood, people saw things happen. He possessed the quality of organization and the virtues of honesty and integrity. In his living as in his dying, he was a brave soldier! WHEREAS: During his distinguished career in the United States Navy, he commanded the Fort Snelling, a dock landing ship, and served as Executive Officer of the aircraft carrier Saratoga. Captain Sabin was a fighter pilot. He commanded Squadron VF-31 and was Executive Officer of VF-41, both based at Oceana, Virginia Beach. He owned his own business, Sabin Decorating, and was Chairman of the Great Neck Association of Civic League four years; and, WHEREAS: Nelson Sabin was appointed April 16, 1984, by City Council as a member of the Housing Board of Appeals. His dedicated and unselfish service involved personal sacrifices, but he served willingly and untiringly in behalf of citizens in this City. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to recognize the attributes of Captain Sabin and share in the loss of this dedicated citizen with his wife, Irma, and all his family. In behalf of the Virginia Beach City Council Given under my hand and seal this Eighteenth day of November, Nineteen Hundred Eighty-Five. Mayor - 42 - Item II-N-2 CONSENT AGENDA ITEM 1/ 24538 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED: Resolution of Commendation - Crime Solvers Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 RESOLUTION OF COMMENDATION WHEREAS: CRIME SOLVERS is a national organization comprising more than 600 programs which began in 1976 in the City of Albuquerque, New Mexico. The Virginia Beach Division began in 1982. These programs solicit anonymous telephone calls from citizens who have information concerning any crime. If that information leads to an arrest, the caller can receive up to $1,000 cash award. The exact amount of the award is determined by a 30-member Board of Directors who consider factors including the type of crime and number of arrests that result from the information supplied by the citizen; WHEREAS: In 1984, the Virginia Beach Crime Solvers gave away $17,000 in rewards. Of 1,295 calls received, 211 arrests were made resulting in 538 felony and misdemeanor charges. In cases of arrest, ninety-nine percent result in conviction. Through September 1985, there have been 1,152 calls and 290 arrests on 557 charges. The Division of Crime Solvers received more than $165,000 in property and more than $600,00 in drugs; and WHEREAS: The Sixth Annual Crime Stoppers International Conference was held in Texas October 13 - 16. For the second consecutive year Virginia Beach Crime Solvers was presented the PRODUCTIVITY AWARD for solving the most crimes based on crime rate for a population of 125 to 500 Thousand, making Virginia Beach the "best in the nation". NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its deliberation of legislative matters to recognize the VIRGINIA BEACH CRIME SOLVERS and pay tribute to those citizens who have responded as well as the public safety units which have brought these fugitives to justice. In behalf of the Virginia Beach City Council, Given under my hand and seal this Eighteenth day of November, Nineteen Hundred Eighty-Five. Mayor - 43 - Item II- N-3 CONSENT AGENDA ITEM # 24539 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED: Resolution authorizing the Mayor to sign the second AMENDED Charter Agreement of Southeastern Tidewater Area Manpower Authority and changing the name of STAMA to the SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 Requested by Mayor Heischober RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDED CHARTER AGREEMENT OF SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY AND CHANGING THE NAME OF STAMA TO THE SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION. WHEREAS, on July 1 , 1974 , the Southeastern Tidewater Area Manpower Authority was created as a joint venture between the cities of Chesapeake, Franklin, Norfolk , Portsmouth , Suffolk, and Virginia Beach and the counties of Isle of Wight and Southampton for the purpose of administering the Comprehensive Employment and Training Act of 1973 ; and WHEREAS a number of the programs previously administered under the CETA Act of 1973 have been undertaken by the Job Training Partnership Act of 1982 , CETA' s replacement legislation, pursuant to an amended charter agreement effectuated in 1983 ; and WHEREAS , the Southeastern Tidewater Manpower Authority ( STAMA) Policy Council unanimously voted to change the name of the STAMA Consortium to the Southeastern Virginia Job Training Administration ( SVJTA) with a target effective date of January 1 , 1986 ; and WHEREAS , these changes require that a second amended charter agreement be executed between the members of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Mayor be authorized to execute the attached Second Amended Charter Agreement on behalf of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach , Virginia, on November 18, , 1985. APPROVED AS TO CONTENT RES .3 SIGNATURE DSH/rab 11/7/8 6 DEPARTMENT - 44 - Item II-N-4 CONSENT AGENDA ITEM # 24540 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED: Resolution directing the Planning Commission to review and make recommendation to City Council concerning a proposed amendment to Section 107(f) of the Comprehensive Zoning Ordinance dealing with the vote of Council Members necessary to amend the Zoning Ordinance. Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy Jr., D.D.S. Council Members Voting Nay: Robert E. Fentress, Barbara M. Henley, Louis R. Jones, and Meyera E. Oberndorf Council Members Absent: None Councilwoman Oberndorf requested a WORKSHOP be conducted before passage of any Resolution The City Manager advised the Planning Commission had been previously informed of this pending request November 18, 1985 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO REVIEW AND MAKE RECOMMENDATION TO CITY COUNCIL CONCERNING A PROPOSED AMENDMENT TO SECTION 107 ( f) OF THE COMPREHENSIVE ZONING ORDINANCE DEALING WITH THE VOTE OF COUNCIL MEMBERS NECESSARY TO AMEND THE ZONING ORDINANCE. WHEREAS , section 107( f) of the comprehensive zoning ordinance provides that an affirmative vote of a majority of all members of city council shall be required to amend the ordinance; and WHEREAS, this section currently requires the affirmative vote of six ( 6) councilmembers to amend the ordinance, as opposed to a majority of a quorum of council ; and WHEREAS, in the event council convenes with a mere quorum of six (6 ) councilmembers it will be impossible for council to take affirmative action to amend the zoning ordinance in the event that one ( 1 ) of its members constituting the quorum abstains from voting ; and WHEREAS , the city council is of the opinion that section 107 ( f) of the comprehensive zoning ordinance should be amended to provide that the affirmative vote of a majority of a quorum of council shall be required to amend the zoning ordinance. THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 . That the planning commission is directed to examine and make its recommendation concerning a proposed amendment to section 107( f) of the comprehensive zoning ordinance which will provide that an affirmative vote of a majority of a quorum of members of the city council shall be required to amend the zoning ordinance. 2. That the planning commission is directed to report its recommendation to city council within sixty (60) days of the effective date of this Resolution. Adopted by the Council of the City of Virginia Beach , Virginia on the 18 day of Novem ber , 1985. GLF/rab 10/28/85 (RES.5) PROPOSED AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I , SECTION 107( f) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO CITY COUNCIL HEARING AND ACTION FOLLOWING HEARING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article I , Section 107( f) of the Comprehensive Zoning Ordinance is hereby amended and reordained to read as follows: Section 107. Amendements. ( f) City council hearing; action following hearing. The hearing shall be held at the time and place announced . Following the hearing, council may make appropriate changes or corrections in the proposed amendments; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice and no land may be rezoned to a less restrictive classification without new notice and hearing. Where such changes or corrections are of a substantial nature, the modifications shall be transmitted to the planning commission for review and report prior to final passage by council. In connection with such actions , the planning commission may hold public hearings, if it deems such hearings appropriate, with notice suiting the circumstances of the case. An affirmative vote of a majority of all-members a quorum of the city council shall be required to amend the ordinance . Adopted by the Council of the City of Virginia Beach , Virginia, on the day of , 1985 . GLF/rab 10/28/85 (D) f (:ROVER C. 'WRIGHT, Ii It. IU OCT 18 15b1..) ATTORNEY AN I) COUNSELLOR Al LAW tI1:IT I: :+1,:1 HEM II tows:II IIS OFFICE OF THE MAYOR ,1:1:1() rAc1I'u AENS r CITY OF VIRGINIA BEACH rlxGINIA BEACH. Y1IUiIN IA 211:;ti °ROVER C. wit 10111. JR. Puti1 ut'1'L('E Dux 51 R. J. NIITTEH,It October 17 , 1985. A8LLACOM: 80441.:0-1'14I The Honorable Harold Heischober Mayor, City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Re : Conflict of Interest Ordinance Dear Mayor Heischober: Since it is apparent that the proposed conflict of interest ordinance, if passed, will impact all people in business who sit on Council , it may make it very difficult for applicants to obtain the necessary votes to carry the affirmative burden of passage and Council might want to consider reducing the number of votes required from six to a majority of a quorum. Most business , both municipal and private, is conducted by boards of directors through the affirmative vote of a majority of a quorum. Your zoning ordinance requires six votes to carry any applications . Respectfuly, f' ' urrove± , J .� GCWJr : jas cc : Mr. J. Dale Bimson City Attorney - 45 - Item II-N-5 CONSENT AGENDA ITEM # 24541 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED: Resolution directing the Planning Commission to review and make recommendation to City Council concerning a proposed Amendment to Section 5 of the SITE PLAN ORDINANCE by ADDING Section 5.16 pertaining to UNDERGROUND UTILITIES. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO REVIEW AND MAKE RECOMMENDATION TO CITY COUNCIL CONCERNING A PROPOSED AMENDMENT TO SECTION 5 OF THE SITE PLAN ORDINANCE BY ADDING SECTION 5 . 16 PERTAINING TO UNDERGOUND UTILITIES WHEREAS, the City Council is of the opinion that the Site Plan Ordinance of the City of Virginia Beach should be amended by adding a new § 5 .16 pertaining to utilities being placed underground ; and WHEREAS, prior to enacting such amendment to the Site Plan Ordinance, the City Council desires that the Planning Commission consider and make recommendation concerning the proposal . THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 . That the Planning Commission is directed to examine and make its recommendation concerning a proposed amendment to § 5 of the Site Plan Ordinance which will add a new § 5.16 pertaining to certain utility lines being placed underground . 2. That the Planning Commission is directed to report its recommendation to City Council within forty-five (45) days of the effective date of this Resolution. Adopted by the Council of the City of Virginia Beach , Virginia on the 18 day of November , 1985 GLF/rab 11/14/85 ( RES .5) APp oV AS d «..,.�, . / SIGNATURE Y Uc :aPTflyi%UT APPROV2D AS TO / - Rti.4&O SIGNATURE CITY ATTORNEY la 1 ill •:.11 ::: ',--'\: ..;'',,!u kl AN ORDINANCE TO AMEND AND REORDAIN SECTION 5 OF THE SITE PLAN ORDINANCE BY ADDING THERETO SECTION 5 .16 PERTAINING TO UNDERGROUND UTILITIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5 of the Site Plan Ordinance of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding Section 5 . 16 to read as follows: Section 5 . 16 . Underground Utilities. Except as provided below, transmissions , distribution , and customer service utility facilities carrying or used in connection with electric power, street lights , telephone, telegraph , cable television, petroleum , gas or steam, shall be placed below the surface of the ground . Exceptions are as follows: ( a) Equipment such as electric distribution transformers, switchgear, meter pedestals, telephone pedestals , meters, service connections and the like normally installed above ground in accordance with the accepted utility practices for underground distribution. (b) Temporary overhead facilities required for construction purposes. ( c) High tension transmission lines. 50 ,000 volts or more. All installations shall be in accord with applicable codes and the specifications of the Department of Public Works as approved by the Council of the City of Virginiu Beach , and shall be in accordance with charges as approved by the State Corporation Commission. Adopted by the Council of the City of Virginia Beach , Virginia, on the day of __, __, 1985 . AO T i Nim ll Miiiii GLF/rab 10/30/85 ' otemaimilsr (ORD.G) APMOVkl)A.TO POWV ; I. y:�C L 2o sAA. cay Atti t /..,"'--.3" - 46 - Item II-N-6 CONSENT AGENDA ITEM # 24542 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Resolution approving the award of a contract for Professional Insurance Agent/Broker Services and authorizing the City Manager to prepare the necessary contract. Voting: 7-0 Council Members Voting Aye: Robert E. Fentress* , Mayor Harold Heischober* , Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, Louis R. Jones, J. Henry McCoy, Jr., D.D.S. *Verbal Aye Robert W. Esenberg, Risk Management Administrator, responded to Councilman Jennings inquiries concerning the awarding of a contract to Marsh & McLennan, Incorporated, for Insurance Agent/ Broker services. Mr. Esenberg advised the City will go to Marsh & McLennan March First re: renewals and if an Independent Writer desires to submit a quote direct to the City, then the City will accept that quote and consider same. November 18, 1985 O `j' y A RESOLUTION APPROVING THE AWARD OF A Z a �"' CONTRACT FOR PROFESSIONAL INSURANCE g f- L "' Q AGENT/BROKER SERVICES AND AUTHORIZING ,- z ¢ z THE CITY MANAGER TO PREPARE THE o Z NECESSARY CONTRACT 111.- C3 I ' kS, the Virginia Public Procurement Act establishes procedures for the purchase of certain insurance or insurance related professional services; and WHEREAS, the City of Virginia Beach recognizes the need for certain services which include: 1. Identification and evaluation of insurance markets. 2. Preparation of specifications and underwriting information. 3. Obtaining and evaluating quotations from potential insurers. 4. Assistance in negotiating the most cost effective insurance contracts. 5. Preparation of actuarial, trending and other required reports. 6. Providing training, facility inspections and other technical services as required; and WHEREAS, the City of Virginia Beach advertised for such services and submitted Requests for Proposals to a number of insurance agents/brokers; and WHEREAS, proposals were received from four companies offering insurance agent/broker professional services; and WHEREAS, competitive negotiations were successfully completed with the number one ranked firm, Marsh & McLennan, Incorporated. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Virginia Beach, recognizing the need for professional insurance agent/broker services, hereby approves the award of a five year contract for such services to Marsh & McLennan, Incorporated, and authorizes the City Manager to proceed with preparation of the necessary contract. Adopted by the City Council of the City of Virginia Beach, Virginia on November 18, 1985 - 47 - Item II-N-7 CONSENT AGENDA ITEM # 24543 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance appointing VIEWERS in the petition of JADE STREET ASSOCIATES for the closure of a portion of JADE STREET/CAPE HENRY DRIVE (LYNNHAVEN BOROUGH). The Viewers are: Robert J. Scott - Director of Planning David Grochmal - Director of General Services C. Oral Lambert, Jr. - Director of Public Works Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 ORDINANCE APPOINTING VIEWERS WHEREAS, JADE STEET ASSOCIATES, a Virginia corporation, has given due and proper notice in accordance with the statutes for such causes made and provided, and that it will on the 18th day of November, 1985, at 2 :00 p.m. , apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what, inconvenience would result from the discontinuing and closing of the hereinafter described portions of Jade Street and Cape Henry Drive and have filed application with said Council. NOW, THEREFORE, be it ORDAINED by the City Council of the City of Virginia Beach, Virginia, that and are hereby appointed to view the below described property and report in writing to the Council on or before , 1985, whether in their opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of those portions of Jade Street and Cape Henry Drive, located in the Lynnhaven Borough in the City of Virginia Beach, and more particularly described as follows: All of that certain piece or parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and between Block 7 and Block 8 as shown on the McCARDELL,DONNELLY, BENSON 8 MILLER,P.C. ATTORNEYS AT LAW Plat of Lynnhaven Shores duly recorded in the Clerk' s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, Page 167, and being portions of Cape Henry Drive (formerly known as Holly Avenue) and Jade Street (formerly known as 10th Street) , as shown on said plat, and being more particularly bounded and described as follows, to-wit: Beginning at a point in the northeast corner of Lot 14, in Block 7, on the above-described plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street (formerly 10th Street) as shown on said plat of Lynnhaven Shores, thence running across said Jade Street N 73°27' 32" E for a distance of 60 feet to a point in the east right of way line of Jade Street in the west boundary line of Lot 12, in Block 8 , as shown on the said plat of Lynnhaven Shores; thence running in a southerly direction along a line whose radius is 1383. 75 feet, and which line is the east right of way line of said Jade Street and the west boundary line of Lots 12, 13, 14 and 15, in Block 8 , as shown on the said plat of Lynnhaven Shores, for a distance of 168 . 52 feet to a point in the southwest corner of Lot 15, in Block 8, as shown on the said plat of Lynnhaven Shores; thence running in a southerly direction along a course S 10°19 ' E and along the west boundary line of the property conveyed to Frank E. Weller by deed of Windsor Investors, Ltd. , a Virginia corporation, dated October 8, 1984, duly recorded in the aforesaid Clerk' s Office in Deed Book 2386, Page 708, for a distance of 25. 00 feet to a point in the north right of way line of the said old Norfolk and Southern Railroad right of way; thence running in a westerly direction along the north right of way line of the said old Norfolk and Southern Railroad right of way S 79°41' 00" W for a distance of 60 . 00 feet to a point located in the north right of way line of the said old Norfolk and Southern Railroad right of way; thence running in a northerly direction along the east boundary line of the property conveyed to Runnington Holding Corporation, a McCARDELL,DONNELLY, -2- BENSON 2-BENSON 8 MILLER,P.C. ATTORNEYS AT LAW Virginia corporation, by deed of Windsor Investors, Ltd. , a Virginia corporation, dated December 3, 1984, duly recorded in the aforesaid Clerk' s Office in Deed Book 2385, Page 695, N 10°19 ' W for a distance of 25 feet to a point in the southeast corner of Lot' 16, in Block 7, as shown on the said plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street; thence running in a northerly direction along a line whose radius is 1323. 75 feet, and which line is the west right of way line of said Jade Street and the east boundary line of Lots 16, 15 and 14, in Block 7, as shown on the said plat of Lynnhaven Shores, for a distance of 162. 00 feet to a point in the northeast corner of Lot 14, in Block 7, as shown on the said plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street, as shown on the said plat of Lynnhaven Shores, the point and place of beginning. The above-described property is located in the Lynnhaven Borough of the City of Virginia Beach, Virginia. AcCARDELL.DONNELLY, -3- BENSON A MILLER,P.C. ATTORNEYS AT LAW 1 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING PORTIONS OF JADE STREET AND CAPE HENRY DRIVE AS SHOWN UPON PLAT ENTITLED "PLAT OF LYNNHAVEN SHORES" , DULY OF RECORD OF THE CLERK' S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 7, AT PAGE 167. PETITION To: The Mayor and Members of the Council of the City of Virginia Beach, Virginia Your Petitioner, JADE STREET ASSOCIATES, a Virginia corporation, by its Attorney, David A. Miller , Jr. , respectfully represents as follows: 1. That pursuant to the provisions of Section 15. 1-364 of the Code of Virginia, 1950, as amended, the Petitioner applies for the vacating, discontinuing and closing of those portions of Jade Street and Cape Henry Drive more particularly described as follows: All of that certain piece or parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and between Block 7 and Block 8 as shown on the Plat of Lynnhaven Shores duly recorded in the Clerk' s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, Page 167, and being portions of Cape Henry Drive (formerly known as Holly Avenue) and Jade Street (formerly known as 10th Street) , as shown on said plat, and being more particularly bounded and described as follows, to-wit: Beginning at a point in the northeast corner of Lot 14, in Block 7, on the above-described plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street (formerly 10th Street) as shown on said plat of Lynnhaven Shores, thence MCCARDELL DONNELLY, -1- BENSON S MILLER,P.C. ATTORNEYS AT LAW running across said Jade Street N 73°27' 32" E for a distance of 60 feet to a point in the 1 east right of way line of Jade Street in the west boundary line of Lot 12, in Block 8 , as shown on the said plat of Lynnhaven Shores; thence running in a southerly direction along a line whose radius is 1383. 75 feet, and which line is the east right of way line of said Jade Street and the west boundary line of Lots 12, 13, 14 and 15, in Block 8 , as shown on the said plat of Lynnhaven Shores, for a distance of 168. 52 feet to a point in the southwest corner of Lot 15, in Block 8 , as shown on the said plat of Lynnhaven Shores; thence running in a southerly direction along a course S 10°19 ' E and along the west boundary line of the property conveyed to Frank E. Weller by deed of Windsor Investors, Ltd. , a Virginia corporation, dated October 8 , 1984, duly recorded in the aforesaid Clerk' s Office in Deed Book 2386, Page 708 , for a distance of 25. 00 feet to a point in the north right of way line of the said old Norfolk and Southern Railroad right of way; thence running in a westerly direction along the north right of way line of the said old Norfolk and Southern Railroad right of way S 79°41' 00" W for a distance of 60. 00 feet to a point located in the north right of way line of the said old Norfolk and Southern Railroad right of way; thence running in a northerly direction along the east boundary line of the property conveyed to Runnington Holding Corporation, a Virginia corporation, by deed of Windsor Investors, Ltd. , a Virginia corporation, dated December 3, 1984 , duly recorded in the aforesaid Clerk' s Office in Deed Book 2385, Page 695, N 10°19 ' W for a distance of 25 feet to a point in the southeast corner of Lot 16, in Block 7, as shown on the said plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street; thence running in a northerly direction along a line whose radius is 1323. 75 feet, and which line is the west right of way line of said Jade Street and the east boundary line of Lots 16, 15 and 14, in Block 7, as shown on the said plat of Lynnhaven Shores, for a distance of 162. 00 MCCARDELL,DONNELLY, BENSON&MILLER,P.C. 2- ATTORNEYS AT LAW feet to a point in the northeast corner of Lot 14, in Block 7, as shown on the said plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street, as shown on the said plat of Lynnhaven Shores, the point and place of beginning. The above-described property is located in the Lynnhaven Borough of the City of Virginia Beach, Virginia. 2. That no inconvenience will result to any persons by reason of the said closing of said streets, and the Petitioner prays that this Honorable Council appoint Viewers as provided by law to view those portions of Jade Street and Cape Henry Drive proposed to be closed, and to report in writing to the Council on or before the day of , 1985, whether, in the opinion of said Viewers, and if any, what inconvenience would result from the discontinuance and closing of said portion of those streets heretofore described. 3. That on the day of , 1985, and again on the day of , 1985, Notices of the presenting of this Application were published in the Virginian-Pilot, 150 West Brambleton Avenue, Norfolk, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioner is the Fee Simple owner of the land to be affected by the closure of the above-described portions of Jade Street and Cape Henry Drive. AROE I DONNELLY. I NSON 3 MILLER P . -3- ATTORNEYS Al LAW c.� Respectfully submitted this /AC day of C O f- • 1985. JADE STREET ASSOCIATES, a rginia o, •.rat 'jn fl B t' ! /` Y _ David A. Miller , Jr. , Esq. David A. Miller, Jr. , Esq. McCARDELL, DONNELLY, BENSON & MILLER, P.C. 2840 South Lynnhaven Road Virginia Beach, Virginia 23452 (804) 486-7055 MCCARDELL,DONNELLY, -4- BENSON 4- BENSON A MILLER,P.C. ATTORNEYS AT LAW - 48 - Item II-N-8 CONSENT AGENDA ITEM 46 24544 Attorney R. J. Nutter represented the applicant Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED AN EXTENSION FOR COMPLIANCE of PvuL-Six (6) Months upon an Ordinance closing, vacating and discontinuing a portion Painter's Lane in the petition of Lakeside Construction Corporation located at Sandbridge and the Southern boundary Proposed Ferrell Parkway (Princess Anne Borough). Application of Lakeside Construction Corporation for the discontinuance, closure and abandonment of a portion of Painter's Lane beginning at a point 100 feet more or less North of Sandbridge Road and running in a Northeasterly direction to the Southern boundary of Proposed Ferrell Parkway. Said parcel contains 3.672 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 - 49 - Item II-N-9 CONSENT AGENDA ITEM # 24545 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED: Staff request for 60-day deferral in the petition of Larry & Kathryn Reiter for the discontinuance, closure and abandonment of a portion of Old Holland Road in the area of Table Rock Road, Windsor Oaks West (Kempsville Borough). Application of Larry L. Reiter for the discontinuance, closure and abandonment of a portion of Old Holland Road beginning at a point 250 feet more or less West of Table Rock and running along the Southern boundary of Lot 29, Block E, Windsor Oaks West. Said parcel is 50 feet in width and contains 6,400 square feet more or less. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 - 50 - Item II-N-10 CONSENT AGENDA ITEM # 24546 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Tulip Drive to D. W. Bell, Inc., its assigns and successors in title. This Encroachment shall be subject to: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owener agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsighly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. A highway permit must be obtained and a bond posted prior to commencing work within the City's right-of-way. 6. No open cut of a public roadway shall be allowed except under extreme circumstances, such exceptions shall be submited to the Highway Division for final approval. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 Z ' w O LN ® ; AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE • z 2 li'; '. RIGHT-OF-WAY OF TULIP DRIVE TO D. W. c, :4_a ,� � _ BELL, INC. , ITS ASSIGNS AND SUCCESSORS ,'p , , �.;, IN TITLE f 0 c a BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15 . 1-893 , Code of Virginia, 1950, as amended, the D. W. Bell , Inc. , its assigns and successors in title are authorized to construct and maintain a temporary encroachment into a portion of the City' s right-of-way of Tulip Drive. That the temporary encroachment herein authorized is for the purpose of a private 2" P.V.C. sanitary force main to serve a proposed building to be located at the northeast corner of Tulip Drive and Rutherford Road and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department' s specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City' s right-of-way known as Tulip Drive, as shown on that certain plat entitled: "PHYSICAL SURVEY OF PART OF LOT - 38 BRADFORD PARK," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of D. W. Bell, Inc. , its assigns and successors in title and within thirty ( 30) days after such notice is given, said encroachment shall be removed from the City' s right-of-way of Tulip Drive by the D. W. Bell , Inc. and that the D. W. Bell, Inc. , its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the D. W. Bell , Inc. , its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses , and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the D. W. Bell, Inc. , executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach , Virginia, on the 18 day of November , 1985 GLF/rab 10/14/85 (29G) -2- • 7,-)obb,. .c , I. p'2 /- ' . .---"—". THIS IS TO CERTIFY THAT I. ON SURVEYED THE PROPERTY SHOWN ON THI! PLAT. AND THAT THE TITLE LINES AND TME WAW OP THE BUILDINGS ARE SHOWN ON THIS PLAT. THE BUILDING! STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OR Vl'uuaLE EASEMENTS. EXCEPT AS SHOWN. SIGNED • -I �-� , ' `NI tel ` .40N v yy F 4 4y QQ\ '' i . ,,,t sar -..93s. k • • t ( i • fifg or. . /4 7 .5!)-1 i .i'lifil , st.. .h `r) 0 lgoo el o'I,' , . VIN � ' [OT- 38 11, ‘1iZ 1 ' I, W 4. t q II, • ` N or- 3? \‘i g 'lr` 4. D c-o\ 44irt, _ r,,,� . i , . .‘.. Lssii \ --z_ \—. / ,..... I.,.. ., , kt. ‘.... 29 . ..o ~ 0 rrtz. �---.. �� Q 4 0 tl .444 i li e.137 or yefr'1, 32 4 7 ,- '' ' .... - .... /Y %-or '4W ..:Y All.01;2424v5A, pa" 4011 7WER,ro.ere-f474‘1 P .s? .i A7N .-'çY4c / cZ/ 2VE ) 3 ..e:',4 42 7 D`• LOT - 38 8P4L7/ 224'D /4014.421 QEco.vae-o ma .H B. moi, ..81. 4--e.. c4(c4,4, o,-�,cd- o•e"'We .Hca.7co.;/.97 r,..4 dc9cW • /•4(7V ./ /�/d g2C-4C/7/.7 I' 1 . -.- • • . - - _ kV")Z TE' L . óWENDOL oN f".POYNT4'�E N~ • ALTON M. VUTLRR v •YMvirroS XVIRGINIA REACH.VA. •a MA. • r W ' m _ 4. W Q tki4. .di„? • OJ -1b"7 9 N-6 , I A I. W i end ,,,. Q�Q r V) ��to 4,4 ert co m w 2 ct ek ct t � O 'co� v3 QQ 2 W �cO >W ti J CO 1.... 4- O - O j tI NiL ' Q m 3 N 44 Ct.O I C+! 4p v� 0m 141 � r C.) u v i.0 N _ O7CP. y t� •,�`fl s h _ —�� _�_ '• ''s 5 28 '33rE' l '�N`147.56' - 'r-, "� �` _ _ — s AG ,�` - v - _ • _1 9 ...._____11.\ o cV J4C. S 111 ,'i Y ilk --c. ct I O a4 % c I �. `, ‘ ij\\ CO 0) / o -;,_, o • a > C‘i s tV \ \ k �_ Z j `� mac, 9 • `� (1)t. .. 1 \ I, -Ci \(*) iroll 2- I"141 • . all ON o a imi" ,4 �' a So C'. CO h t1 1 _.._,\ O --- elmac' `' 3. • N�1 obwimaihnolowimmxxkveh„ '4% "� �� 1 V ° �L SPACE c�. u) 2 o 1 r /4 . .). y O ;9`X 2� r, v NN �. IP-2 v /_ 2 s••CEs �� J N ••mO • � SIDCC Y t71 (��% �., .. N, i, O 4 S& °. ' % / 4)3 () / 0 ?.' 5 (.,Z.,.? C.) / / Cacl 1-1a s o , z �\ `� $6 / m 9 / .r c. "2. • No Y ..Qt y: _it". TO " \\-01• t1D\ -- C6 ct•., 0• 4.. : 4. —cam Z\ );N 0 �' SSP 3. � . v \ 37• � T '' Z */ • ¶ IO �� "I0 R c<1 `l,/ ; - 51 - Item II-N-11 CONSENT AGENDA ITEM /6 24547 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED: Ordinance upon SECOND READING to accept and appropriate $42,000 from the Department of Corrections for an expansion of the Community Diversion Incentive Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 :} (� AN ORDINANCE TO ACCEPT $42 , 000 0 FROM THE DEPARTMENT OF CORRECTIONS FOR AN EXPANSION OF THE COMMUNITY DIVERSION INCENTIVE PROGRAM AND TO APPROPRIATE THESE FUNDS . Whereas, the Council of the City of Virginia Beach is ` r t in -rested in providing cost effective alternatives to incarce- ration for misdemeanants and felons; and WHEREAS, the Virginia Department of Corrections has established the Community Diversion Incentive Program which has operated in the city for a number of years; and WHEREAS, the Department of Corrections has made available additional funds for misdemeanant diversion; and WHEREAS, the Department of Corrections has also approved the expansion of the felon segment of the Community Diversion Incentive Program; and WHEREAS, there is no match required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized to accept an additional $42, 000 from the Department of Corrections for the City, and funds are hereby appropriated for the following purposes : Community Diversion Program, Misdemeanant Expansion Estimated Revenue from Other Agencies : $42 , 000 Local Match 0 Total Appropriations $42 , 000 BE IT FURTHER ORDAINED that three additional personnel positions are hereby authorized for the duration of the grant to be paid from the grant with the class of the employees to be determined by the City Manager. FIRST READING: November 4, 1985 SECOND READING: November 18, 1985 Adopted by the Council of the City of Virginia Beach on the day of , 1985 - JL - Item II-N-12 CONSENT AGENDA ITEM # 24548 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED: Ordinance upon SECOND READING to accept and appropriate $832,469 for the installation of the Enhanced 911 Emergency Telephone System. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Navemben. 18, 1985 AN ORDINANCE TO APPROPRIATE $832,469 FOR THE INSTALLATION OF THE ENHANCED 911 EMERGENCY TELEPHONE SYSTEM WHEREAS, City Council desires to provide citizens with the most expedient access to emergency police, fire and rescue services through the enhanced 911 emergency telephone system, and WHEREAS, the implementation of this number will require the expenditure of $832,469 for improvements and equipment additions to the Continental Telephone network and the Police Communications system, and WHEREAS, since the State Code provides for a special telephone utility tax rate for the implementation of the enhanced 911 emergency telephone system, appropriations for the improvements and equipment addi- tions can be supported by a corresponding increase in estimated revenues from Utility Taxes, and WHEREAS, since Council has decided to apply the rate increase upon implementation, the initial funding will be borrowed from the General Fund in order to pay expenses incurred. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $832,469 are appropriated for the implementation of the enhanced 911 emergency telephone system to be offset from estimated revenues from Utility Taxes. BE IT FURTHER ORDAINED that the City Manager is hereby authorized to enter into the necessary agreements and contracts to proceed with the implemenation of the enhanced 911 emergency telephone system. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 18 day of November , 19 85 . FIRST READING: November 4, 1985 SECOND READING: November 18, 1985 KAR/13 ORD4-1 - 53 - Item II-N-13 CONSENT AGENDA ITEM # 24549 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED: Ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on Sunday. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 1- v w z r N 0 x ® l':2' w Q � z AN ORDINANCE AUTHORIZING CERTAIN t- ? on � <) EVENTS CONDUCTED ON CITY PROPERTY "'' Q ~ � '- TO BE EXEMPT FROM THE PROHIBITION 2 ' ' FROM WORKING OR TRANSACTING BUSINESS 0 `' '-'7) ON SUNDAY WHEREAS, Section 18 .2 , Code of Virginia ( 1950) as amended, requires the City Council of the City of Virginia Beach to designate on a case-by-case basis the events which are exempt from working or transacting business on Sundays; and WHEREAS, the following City property has been designated by the Council of the City of Virginia Beach for the following dates , as the site for the following events: Date City Property Event 12/29/85 Pavilion Annual Custom Automobile Exhibition 2/9/86 Dome Options ' 86 Lifestyle Show 2/23/86 Pavilion Coin and Stamp Show & Sale 3/23/86 Pavilion Sweet Adelines Cony Crafts Fair 4/20/86 Pavilion Tidewater Coin Club Show 7/6/86 Dome Antiques & Collectibles Show 7/13/86 Pavilion New Car Show & Sale 8/10/86 Dome A.C .E. Craft Show 8/31/86 Pavilion Antiques & Collectibles Show 9/14/86 Pavilion Beauty Supply Trade Show 10/5/86 Pavilion Amateur Radio Cony & Exhibit 10/12/86 Pavilion Jr. Woman' s Club Crafts Show 10/26/86 Pavilion Snow & Ski Show 11/2/86 Pavilion All Breed Dog Show BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above-mentioned events are exempt from the prohibition of working or transacting business on Sunday as provided by general law. That the City Clerk is directed to forward a certified copy of this Ordinance to the Commonwealth Attorney. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on the 18 day of November , 1985. JDB/da 11/12/85 - 54 - Item II-N-14 CONSENT AGENDA ITEM # 24550 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED: LOW BID of Rea Construction in the amount of $274,840.55 for the construction of Little Neck Bikeway, Phase II, (CIP 4-924). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 - 55 - Item II-0.1 APPOINTMENTS ITEM d/ 24551 Upon NOMINATION by Councilman Fentress, City Council APPOINTED Arnold I. Rosenberg to the BOARD OF BUILDING CODE APPEALS to fill the unexpired term of Laszlo Aranyi ending December 31, 1985, plus a four year term ending December 31, 1989. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech November 18, 1985 - 56 - Item II-0.2a APPOINTMENTS ITEM 4I 24552 Upon NOMINATION by Councilman Baum, City Council REAPPOINTED the following to the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE for a three year term beginning November 1, 1985 and ending October 31, 1988: Mary Ellen Evans Doyletown Joseph Lee, Sr. Gracetown Willie L. Gordon Lake Smith John Haynes Mill Dam Alice H. Green Newlight Sayde Shaw Newsome Farm Ernest L. Benson Queen City Mary Smith Reed town A N D, APPOINTED the following for a three year term beginning November 1, 1985 and ending October 31, 1988: Joyce Yenning Beechwood Issac Herbert Burton Station Susie Whitehurst Seatack/Atlantic Park Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Barbara M. Henley Council Members Absent: None November 18, 1985 - 57 - Item II-0.2.b APPOINTMENTS ITEM # 24553 Upon NOMINATION by Vice Mayor McClanan, City Council APPOINTED Aaron Parsons as an AT LARGE MEMBER to the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE for a three year term beginning November 1, 1985 and ending October 31, 1988. Voting: 9-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones* Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr. , D.D.S. Council Members Voting Nay: Barbara M. Henley Council Members Abstaining: Meyera E. Oberndorf Council Members Absent: None *Verbal Aye November 18, 1985 - 59 - Item II-0.2.d APPOINTMENTS ITEM # 24555 Upon NOMINATION by Councilman Fentress, City Council APPOINTED Barnett K. Thoroughgood as an AT LARGE MEMBER to the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE for a three year term beginning November 1, 1985, and ending October 31, 1988. Voting: 9-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr. , D.D.S. Council Members Voting Nay: Barbara M. Henley Council Members Abstaining: Meyera E. Oberndorf Council Members Absent: None November 18, 1985 - 58 - Item II-0.2.c 24554 APPOINTMENTS ITEM # Upon NOMINATION by Councilman Jennings, City Council APPOINTED Howard M. Williams as an AT LARGE MEMBER to the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE for a three year term beginning November 1, 1985, and ending October 31, 1988. Voting: 9-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr. , D.D.S. Council Members Voting Nay: Barbara M. Henley Council Members Abstaining: Meyera E. Oberndorf Council Members Absent: None November 18, 1985 - 60 - Item II-0.3 APPOINTMENTS IEM # 24556 Upon NOMINATION by Councilman Baum, City Council REAPPOINTED F. Reid Ervin to the HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION for a two year term beginning October 3, 1985, and ending October 31, 1987. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 - b1 - Item 11-0.4 ITEM # 24557 Upon NOMINATION by Vice Mayor McClanan, City Council REAPPOINTED Michael B. Newbill to the HISTORICAL REVIEW BOARD for a two year term beginning October 3, 1985, and ending October 31, 1987; AND, APPOINTED Barbara J. Ferguson for a two year term beginning October 3, 1985, and ending December 31, 1987. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 - 62 - Item II-0. 5 APPOINTMENTS ITEM /1 24558 Upon NOMINATION by Councilwoman Oberndorf, City Council APPOINTED Henry B. McDonald to the HOUSING BOARD OF APPEALS to fill the unexpired term of Nelson Sabin ending June 30, 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 - 63 - Item 11-0.6 24559 APPOINTMENTS ITEM # Upon NOMINATION by Councilman McCoy, City Council REAPPOINTED to the TRANSPORTATION SAFETY COMMISSION for three year terms beginning November 1, 1985, and ending October 31, 1988: Woodrow W. Baker, Jr. Wesley E. Barbour Aaron A. Parsons Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 18, 1985 - 64 - Item II-P. • UNFINISHED BUSINESS ITEM # 24560 ADD-ON Councilwoman Henley advised Susan B. Flanagan, Member of the City of Virginia Beach School Board, representing PUNGO, has requested she NOT be considered for REAPPOINTMENT November 18, 1985 - 65 - Item II-P.1 UNFINISHED BUSINESS ITEM 1 24561 TAX EXEMPT PROPERTIES The City Manager introduced Patricia Phillips, Director of Research, who presented CRITERIA FOR TAX EXEMPT PROPERTIES. As a result of opinions issued by the Attorney General in 1984, certain properties which were previously tax-exempt are no longer exempt -- only those properties outlined in the Constitution are exempt: 1. Government Properties. 2. Church Property. 3. Non-profit Cemetaries. 4. Public Libraries. 5. Non-profit Schools. Property specifically exempted by the State Code as of July 1, 1971, will continue to be exempt. Any other property will have to be granted exemption by the General Assembly. In July 1985, an Amendment to Section 58-13.606 allowed a localities' Real Estate Assessor to administratively exempt certain other properties. The Four Basic Classes are: 1. Property owned by the YMCA or other similar religious organization conducted exclusively as charities. 2. Parks or playgrounds held by Trustees. 3. Property of any Benevolent or Charitable Organization used exclusively for lodge purposes or meeting rooms. 4. Property of any non-profit Museum. Mrs. Phillips outlined the four ALTERNATIVES of City Council: 1. Follow a strict interpretation of the State Code in determining exemption, and do not respond to requests for resolutions seeking tax-exemption. 2. Respond to organizations' requests for resolutions only if the following additional criteria is met: a. Their policies are nondiscriminating. b. Their service can continue only if the tax exemption is granted. c. For Federally subsidized homes for the elderly: 1. At least 90 percent of the individuals living in the home would qualify for 100% exemption if they were in their own home under the City's existing tax-exemption for the elderly program. 2. Any savings from tax-exemption would result in a direct reduction in rent paid by the inhabitants. 3. Require a biennial application for retention of the exempt status of all propery in the City (except local, state, or federally-owned). 4. Delay any action until after the suit pending with Westminister-Canterbury is settled. November 18, 1985 — bb— Item II-Q.1. ITEM # 24562 PERSONAL PROPERTY TAXATION OF BOATS The City Manager introduced Patricia Phillips, Director of Research, who presented a report entitled "PERSONAL PROPERTY TAXATION OF BOATS". A copy of said report is hereby made a part of the record. The City of Virginia Beach taxes a total of 7,266 boats in the calendar year 1984 for net personal property tax billings of $453,858. Especially important are the difficulties of large boats (defined as those being 5 net tons or more) having a very high value. Taxes for these boats represent a significant impact to the boat owner and act as an disincentive in maintaining the vessel in Virginia Beach. It is relatively easy for large boats to escape local taxation. Several Alternatives were identified for City Council's consideration: 1. Reduce the tax rate on all boats. 2. Reduce the tax rate on boats weighing 5 net tons or more. 3. Change the assessment method. 4. Develop a decal system/proration. The following spoke in support of a REDUCTION in Personal Property Taxation of Boats: Sam Scott, represented the Boat Owners Association of Tidewater and presented a BOAT TAX CHART which is hereby made a part of the record John Reed, Member of the Boat Owners Association of Tidewater Jim Byrum, President of Dominion Yacht Sales George Langley, Member of the Boat Owners Association of Tidewater Alex Bell, Insurance Agent Theodore F. Constant, resident and boat owner Robert Vaughan, Commissioner of Revenue, advised his office will meet with the Department of Research on November 19, 1985,and will be returning to Council with a recommendation concerning PERSONAL PROPERTY TAXATION OF BOATS. November 18, 1985 - 67 - Item II-Q.2 NEW BUSINESS ITEM # 24563 ABSTRACT OF VOTES BY CONSENSUS, City Council ACCEPTED the ABSTRACT OF VOTES cast in the City of Virginia Beach at the General Election held November 5, 1985. Same is hereby RECORDED and made a part of the proceedings. November 18, 1985 - 67a - ABSTRACT OF VOTES cast in the County/City of Virginia Beach Virginia at the General Election held on November 5, 1985 for: GOVERNOR OF VIRGINIA Total Votes Received Names of Candidates (In Figures) • GERALD L. "JERRY" BALILES 29,967 WYATT B. DURRETTE, JR. 31,144 Anyone but these two 1 Diana Close 1 Bob Engesser 1 William Simons 1 Wethe 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 5, 1985, 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 seventh day of November, 1985. AP-441M/ Chairman (i 40 Vice Chairman Secretary A copy testes ELECTORAL BOARD Secretary, Electoral Board (SEAL) November 18, 1985 ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virginia at the General Election held on November 5, 1985 for: LIEUTENANT GOVERNOR OF VIRGINIA Total Votes Received Names of Candidates (In Figures) L. DOUGLAS WILDER 28,317 JOHN H. CHICHESTER 31,620 Charles Clements 1 Boh Eng-sser 1 Owen Pickett 3 Harold Weinberg 1 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 5, 1985, do hereby certify that the above is a true and correct Abstract of Votes cast at said General Election for Lieutenant Governor of Virginia. Given under our hands this seventh day of November, 1985. I� Chairman "--1�avro" Air: Vice Chairman • • . h,u.e.L�, Secretary A copy teste: / d ELECTORAL BOARD • � 2/. ) -4-e. Secretary, Electoral Board (SEAL) ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virginia at the General Election held on November 5, 1985 for: ATTORNEY GENERAL OF VIRGINIA Total Votes Received Names of Candidates (In Figures) MARY SUE TERRY 32,469 W. R. "BUSTER" O'BRIEN 28,707 Bob Engesser - 1 Alex Delazerda 1 Winston Matthews 1 Mickey Mouse 1 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 5, 1985, do hereby certify that the above is a true and correct Abstract of Votes cast at said General Election for Attorney General of Virginia. Given under our hands this seventh day of November, 1985. / 1 I Aft �_ �✓ Chairman m �t �lt Vice Chairman Secretary A copy testes ELECTORAL BOARD `-1�-�.k"` Secretary, Electoral Board (SEAL) ABSTRACT OF VOTES cast in the County/City of Virginia Reach , Virginia, at the General Election held the first Tuesday after the first Monday in November, 19 85 ,for MEMBER OF THE HOUSE OF DELEGATES Eighty-first DISTRICT Total Votes Received Names of Candidates (In Figures) Owen B. Pickett 8.118 Nancy A. Burns 1 David S. Carter 1 Sylvia Clute 1 Thomas Holland 1 Jesse James 1 David Matson 1 Pat Robertson 1 Doris Roper 1 Steve Sunderland 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5 , 19 85 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this seventh day of November, 198 . ,9 l i Ii ', l/ Chairman PIII l-4- I L-— Vice Chairman 1gf,4 A copy!este: ,1:4� Secretary ELECTORAL BOARD . (sem) -�� -"•/ "1 Secretary,Electoral Board ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virgintu, at the General Election held the first Tuesday after the first Monday in November, 19_15_,for MEMBER OF THE HOUSE OF DELEGATES Eighty-second DISTRICT Total Votes Received Names of Candidates (In Figures) R. Dean Lee 7, 116 Harry R. "Bob" Purkey 9,243 Joan Gibson 2 Jeffrey L. Marks 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5 , 19 _, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this seventh day of November, 19 85 , ,/% Chairman 11 ti - Al Vice Chairman A copy tate: � 7 Secretary ELECTORAL BOARD (SEAL) .'/%� Secretary,Electoral Board _,y ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virgin. at the General Election held the first Tuesday after the first Monday in November, 19 85 ,for MEMBER OF THE HOUSE OF DELEGATES Eighty-third DISTRICT Total Votes Received Names of Candidates (In Figures) • J. W. "Billy" O'Brien, Jr. 7.662 Jerry Anderson 2 1 Reverend Britton 1 Clarence Holland Arthpr V. Tngle 1 Greg Ingle 1 Angla Jenkins 1 Sylvia .Tnhnsnn Stanley Jones 1 Janet Kiem 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5 , 19_15_, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this seventh day of November 19 85 . // Chairmar / ( • (/ •. 1�t t ' Vice Chairmar �..2 Secretar, A copy!este: ELECTORAL BOARD ' Y/ Secretary, Electoral Boar ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virginia, at the General Election held the first Tuesday after the first Monday in November, 19_1_5 ,for MEMBER OF THE HOUSE OF DELEGATES Eighty-fourth DISTRICT Total Votes Received Names of Candidates (In Figures) Glenn B. McClanan 7,563 Thomas Abbott 1 Ms. E. R. Amendment 1 Daniel J. Brennan 1 "Dick" Bridges 1 James N. Clark 1 Dennis A. Crisp 1 Bill Gambrell 1 Dwight Paul Jones 1 Kermit the Frog 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5 , 19A1_, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this seventh day of Novem r,,1I1,9 85 I '4 Chairman Jjr ` �"tt l Vice Chairman A copy testi,: �c, - • . -�..-z� Secretary ELECTORAL BOARD , / . (S ) Secretary,Electoral Board Col. Frederec Knight 1 Lenore Paine Lavery 1 Mr. Lindsey 1 John W. Pick 1 Bob Purkey 5 Chuck Robb 1 Julie L. Smith 2 Robert Bob Tata 1 Larry Wilson 1 1 ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virginia, at the General Election held the first Tuesday after the first Monday in November, 19_1.L., for • MEMBER OF THE HOUSE OF DELEGATES Eighty-fifth DISTRICT Total Votes Received Names of Candidates (In Figures) Julie L. Smith 4.565 Robert "Bob" Tata 10,182 Bob Engesser 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5 , 19J.:_5_, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this seventh day of November, 19-85 , / / , , / l' �- - �1tii/ Chairman �,. l :..e1, .. . 1 Vice Chairman A copy tate: ,, --1/• / Secretary ELECTORAL BOARD (SEAL) . `-*--ic,? --- ' / Secretary, Electoral Board Jack E. Kotvas 2 Dean Lee 1 Philip Liebman 1 Neil F. Marshall 1 Peter B. Moss 1 Anthony Strickland 1 John A. Sullivan Jr. 1 L. Richard Swartz III 1 Mr. Tata 1 Taylor 1 1 - ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virginia, at the General election held on November 5 , 19 85 , FOR Sheriff Total Votes Received Names of Candidates (In Figures) S. J. "Joe" Smith, Jr. 25,945 B. R. "Bill" Overman 32,432 Bob Engesser 1 Jimmy Lee Gay 1 John Kelly Moore 1 Brenda Uzzle 1 Brian Weinberg 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on November 5 , 19 85 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do therefore determine and declare that the following receiv- ed the greatest number of votes cast in said election: B. R. "Bill" Overman ' for the office of Sheriff Given under our hands this seventh day of November _ 19 85 Aor Ilk; t-LA ..d . `�I� -=r Chairman '' allMirillir. Vice Chairman A copy Ferre: 1 � . 1-r.4.- `14.-'"-.4." Secretary ELECTORAL � �� . BOARD Secretary, Electoral Board (SEAL) ABSTRACT OF VOTES cast In the County/City of Virginia Beach , Virginia. at the General election held on November 5 , 19 85 , FOR Treasurer Total Votes Received Namcs of Candidates (In Figures) L. L. "Larry" Joyner 18,006 John T. Atkinson 40.837 Sheldon Corner 1 Bob Engesser 1 Madonna 1 Antigoni Savvides 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on November 5 , 19 85 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do therefore determine and declare that the following receiv- ed the greatest number of votes cast in said election: John T. Atkinson for the office of Treasurer Given under our hands this seventh day of November 19 85 •,4--.d` Chairman / A / Vice Chairman A copy!este: ..t,d —V. Secretary ELECTORAL • BOARD _ _V • ,...1 Secretary, Electoral Board (SEAL) Beach Virginia ir ABSTRACT OF VOTES cast in'the County/City of Vg , Virgintu, at the General election held on November 5 , 19 85 , FOR Commissioner of Revenue Total Votes Received Names of Candidates (In Figures) Robert P. "Bobby" Vaughan 30,628 John R. Griffin, Sr. 21, 194 Dennis M. Walsh 4, 124 John T. Atkinson 1 Bob Engesser 1 Should be abolished 1 E. Joyce Walker • 1 Roice Weinberg 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on November 5 , 19 $5 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do therefore determine and declare that the following receiv- ed the greatest number of votes cast in said election: Robert P. "Bobby" Vaughan • for the office of Commissioner of Revenue Given under our hands this seventh day of November 19 85 e, Chairman y/(,) Vice Chairman A copy!este: • 1 . Secretary • ELECTORAL _/ BOARD ' Secretary, Electoral Board (SEAL) ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virginia, at the General election held on November 5 , 19 85 , FOR Commonwealth's Attorney Total Votes Received Names of Candidates (In Figures) Paul A. Sciortino 50,069 Alberi 1 Anybody 1 D. A. Barnes 1 Bernard Barrow 1 Richard Brydges, Sr. 1 Joe Campbell 1 David Coffman 1 Carrollyn Cox 1 Glenn R. Croshaw 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on November 5 , 19 85 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do therefore determine and declare that the following receiv- ed the greatest number of votes cast in said election: Paul A. Sciortino • for the office of Commonwealth's Attorney Given under our hands this seventh day of November , 19 85 • 41 Ate J �� Chairman Vice Chairman A copy tesle: ° '"��""""`� Secretary • ELECTORAL !�� BOARD /�-� L Secretary, Electoral Board Alice Davis 2 Bobby W. Davis 1 Daffey Duck 1 Don Duck 2 Anyone Else 2 Bob Engesser 1 A. Evans 1 Andre Evans 5 • Hugh Hefner 2 Muriel A. Ingle 2 Lee Kelberg 1 J. Kluener 1 Pete Legler 1 Kevin Lenenan 2 David W. Levy 1 Ernest Love 1 Perry Mason 1 .4; A. G. Moore 1 fr { 4 Simon Moore 1 Ralph Nader 1 H. Thomas Padrick 1 1 Owen Pickett 1 Charlie Pittman 1 Playboy 1 Oscar Reynolds 1 Pat Robertson 1 Russell P. Robertson 1 Ralph B. Saunders 1 • Winstong Snider 1 Joseph A. Souza 1 Commonwealth's Atome Continued Moody L. Stallings 4 Bill Striflen 1 Richard Te aur 1 George Tepo - 1 Mary Sue Terry 1 • Robert P. "Bobby" Vaughan • 1 John Walker, Jr. 1 ! to o e Weinberg 1 Women Attorney . 1 ZZ Top • 1 \§ : . "' . . . ¥. . ' fi % 1 �.41 ...1g A ,�,„. . . ! }. . • ) ~ ^� • ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virginia, at the special election held on November 5 , 19 85 , on the following question or proposition: SCHOOL FACILITIES QUESTION: Shall the City of Virginia Beach, Virginia, contract a debt and issue its general obligation bonds in the maximum amount of $13,300,000 pursuant to the City Charter and the Public Finance Act to provide funds, together with other available funds, to finance continuing development of the City's school system,including site acquisition and construction, enlargement, renovation and equipping of schools and related facilities? Total Votes Received (In Figures) FOR (Yes) 37,879 AGAINST(No) 20,021 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on November 5 , 19 85 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this seventh day of November , 19 85 / A copy iesle: �API ` Chairman I/ "`"L' (� Vice Chairman ELECTORAL BOARD (SEEAL)AL) • / Secretary / J • -�� Secretary, Electoral Board - 68 - Item II-R.1 ADJOURNMENT ITEM # 24564 Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the meeting at 8:00 P.M. a, D. We Beverly O. Hooks Chief Deputy City Clerk `'W4ul l/ uth Hodges-Smith, CMC Mayor Harold Heischober City Clerk City of Virginia Beach, Virginia /bh November 18, 1985