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HomeMy WebLinkAboutJULY 9, 1984 MINUTES Cit@C),f -vir-wi@i@ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL LOUIS R. ]ONES, B.y.id. 8 .... gb - BARBARA M. HENLEY. P..g. B.,..gh JOHN A. SAUM, B.@.gh NANCY A. CREECH. At L.,g. HAROLD IIEISCHOBER, At L.,g. H. JACK JENNINGS. JR., Ly..b.-. B.-.gh ROBERT G. ]ONES. Al L.,g. W. ii. KITCHIN, Iii, Vigi.i. HI-@b REBA S. M,CLANAN. P,i ..... A... B.-.gb 212 CITY HALL BUILDING J. HEIYRY hl,COY. JR., X..P..ill, B.-.Sb MU,'QICIPAL CENTER MEYERA E. OBERNDORF, At L.,g, VIRGINIA BEACH, VIRGINIA 23436 RUTH HODGES SMiTit, CMC. City Cl,lk (804) 427-4303 CITY COUNCIL AGENDA July 9, 1984 ITEM I. INFORNAL SESSION: 11:00 a.m. A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. NOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. DISCUSSION OF PERTINENT MATTERS 1. Matters for discus@ion by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Erosion Control and Hurricane Protection Plan: Presentation by U. S. Army Corps of Engineers 2. Reorganization of Emergency Medical Services: Presentation by Mr. Bruce Edwards 3. Review of Consent Agenda ITEM 11. FORMAL SESSION: 12:30 p.m. A. INVOCATION: Reverend Roy R. Jackson Retired United Methodist Conference B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of July 2, 1984. E. PRESENTATION 1. Lori Jones, Little Kiss Tidewater recently crowned Future Little Miss Virginia 2. Lisa Simmons, Hiss Virginia Beach 3. Leigh Lawson, miss Tidewater 4. Tara Schnell, Future Little Kiss Virginia Beach F. PROCLAMATION 1. Lotus Festival Week - July 22-28, 1984 G. RESOLUTIONS 1. General a. Resolution authorizing the charge-off of uncollectible accounts totaling $4,844.05. (This Resolution was deferred for one week on July 2, 1984.) 2. Industrial Development Revenue Bond - Incre&se a. Resolution approving the issuance of Industrial Development Revenue Bonds in the amount of $3,250,000 for Auburn Commercial Ventures Facility. 3. Industrial Developuent Revenue Bonds a. Aiglon Associates ($5,080,000.00) b. Beejay Partnership ($500,000.00) c. Birdneck Office and Industrial Complex ($6,400,000.00) d. GSC Dissond ($1,745,000.00) e. Kespaville Distribution Centre Associates D/B/A Kempaville Business and Distribution Centre ($1,400,000.00) f. Tiaberlake Shoppes Associates Facility ($1,000,000-00) g. Norfolk-Virginia Beach-Portsmouth NSA Limited Partnership, Cellular Mobile Radio Network ($1,000,000.00) H. ORDINANCES 1. Ordinance to amend and reordain Section 21-315 of the Code of the City of Virginia Beach, Virginia, pertaining to dieregardiug signal to stop by police officer. 1 2 1984. ITEM II. H. ORDINANCES (Cont'd) 2. Ordinance to enact a Section 35-3.1 of the Code of the City of Virginia Beach relating to waiver of penalty and intereat for failure to file a return or to pay a tax if such failure was not in any way the fault of the taxpayer. (This Ordinance was deferred until August 6, 1984.) I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one notion in the form listed. There will be no separate discussion of these items. if discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Ordinance to amend and reordain Section 2-75 of the Code of the City of Virginia Beach, Virginia, pertaining to service divided into exempt and merit services; composition of exempt service (assistant registrars). 2. Ordinance to amend and reordain Sections 2-421, 2-422, and 2-423 of the Code of the City of Virginia Beach, Virginia, and adding Section 2-424 pertaining to Ruergency Medical Services; Ordinance to amend and reordain Section 10.5-2 of the Code of the City of Virginia Beach, Virginia, pertaining tO permits required for esergency medical care agencies and vehicles; AND, an Ordinance to allocate to the Division of Eoergency Medical Services a medical director position and transfer funds of $16,054 for the position. 3. Ordinance to transfer appropriations within the FY 85 Tidewater Virginia Alcohol Safety Action Program (TVASAP)- 4. Ordinance, on SECOND READING, to accept a grant award and appropriate $2,532,000 from the Department of Housing and Urban Development for the Commnity Development Tenth Progran Year. 5. Ordinance, on SECOND READING, to accept a grant aud appropriate $90,072 from the Department of Corrections for the Virginia Beach Comwnity Diversion Program. 6. Ordinance, on SECOND READING, to accept a grant and appropriate $2,012 from the Virginia Division of motor Vehicles. 7. Ordinance, on SECOND READING, to allocate additional positions to the Office of the Co@onwealth's Attorney and appropriations in the amount of $33,535 be added to the FY 1985 Commonwealth's Attorney's budget. 8. Ordinance, on SECOND READING, to allocate additional positions to the Sheriff's office and appropriations in the amount of $72,112 be added to the FY 1985 Sheriff's Office budget. 9. Ordinance to authorize acquisition of property in fee simple for right-of-way for Readtown Sever/Water/Stract Improvesent Project and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. 10. Ordinance authorizing and directing the City Manager to amend an agreement between the City of Virginia Beach and i . ITEM II. I. CONSENT AGENDA (Cont'd) 11. Ordinance approving terms and conditions and authorizing the City Manager to enter into a contract for Paying Agent Services with Citibank, N.A. 12. Ordinance appointing viewers in the petition of Affordable Hoses, Inc. for the closure of portions of llth Street, Avenue S, Avenue T, Avenue U, and Avenue V -(Kempsville Borough). 13. Ordinance appointing viewers in the petition of Runnysede Corporation for the closure of a portion of Second Street (Lynnhaven Borough). 14. Low bid of Crowder Contracting Company, Inc., in the amount of $50,000-00, for the Pump Station Modifications Project; AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. J. PLANNING 1. Ordinance closiug, vacating and discontinuing portions of Wagon Road and Woodland Street in the petition of Colcon Development Cospany, Inc. (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for approval. 2. Request of Human& of Virginia, Inc./Bayside Hospital for waiver of a condition placed on a conditional use permit to operate a hospital and a professional-medical office building (Parcel 1-B) in the application of Extendicare Properties, Inc. on October 9, 1972. The site is located on the corner of Independence Boulevard and Witchduck Road. a. Letter from the City Manager transmits no objection on behalf of the staff. 3. Request of Alot Corporation for waiver of a condition placed on a change of zoning in the application of Oceanside Enterprises, Inc. The site is located at the northeast corner of Princess Anne Road and Seaboard Road. a. Letter from the City Manager transmits the recommendation for approval. 4. Application of Harold and Willians Developmut Cospany for a conditional use permit for a borrow pit on a 14-578-acre parcel located at the northeast corner of Barrs Road and Sandpit Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Comission for approval. 5. Application of Rolando Trinino and Naylis F. Trialuo for a conditional use permit for mini-warehouses on a 14,488- square foot parcel located on the south side of Virginia Beach Boulevard, west of Clearfield Avenue (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Comission for approval. ITEM II. J. PLANNING (Cont'd) 6. Application of B. Ray Gallop and Betsy L. Gallop for a change of zonin& from R-8 Residential District to B-2 Community-Business District on a 1.62-acre parcel located on Kempaville Road, south of Indian River Road (Kempoville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 7. Application of Solar One, Inc. for a conditional use permit for a duplex on a 10,674.5-square foot parcel located at the northeast corner of Cypress Avenue and Terrace Avenue on Lots 21, 23, and 25, Block 32, Shadowlawn Heights (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 8. Applications of D"id Lee and Bertha Violet Cunningham and Gene Edward and Jo Ann Evans for a change of zoning from AG-2 Agricultural District to 1-1 Light Industrial District on a 4.8-acre parcel; AND, a change of zonla from AG- 1 Agricultural District to I-I Light Industrial District on a 20, 4-acre parcel located on North Landing Road, south of Indian River Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 9. Application of R. G. Moore Building Corporation for a change ol,:o7ing from AG-1 Agricultural District to R-8 Residential ii r ct on a 47.292-acre parcel located south of Culver Lane, east of Oceana Boulevard (Princess Anne Borough). a. Letter from the City Hanager transmits the recommendation of the Planning Commission for approval. 10. Application of Paul L. Strasoberg for a change of zoning from R-6 Residential District to R-8 Residential District on a 2.14-acre parcel located on the west side of North Lynnhaven Road, south of Skakespear Drive (545 and 549 North Lynnhaven Road) (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 11. Application of Colcon Development Company, Inc. for a change of zoning from B-3 Central-Business District to B-4 Resort- Zommercial Dist ict on a 10.349-acre parcel located at the southern terminus of Constitution Drive in the Pembroke area (Kempaville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. ITEM II. J. PLANNING (Cont'd) 12. Application of Contel Mobilcon for a conditional use permit for a 100-foot self-supporting mono pole to mount antennas for cellular radio on a 9,725-square foot parcel located west of Great Neck Road, south of Mill Dam Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 13. Applications of W. R. Kalbon, Jr. for a change of zoning from AG-1 Agricultural District to R-8 Residential District on a 5.2-acre parcel; AND, a change of zoning from AG-2 Agricultural District to R-8 Residential District on a 10.8-acre parcel located on the south side of CuFve-r Lane, east of Ashmore Drive (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 14. Application of Salen Meadove Associates for a change of zoning from R-5 Residential District to R-8 Residential District on a 77.7-acre parcel; AND, a change of zoning from R-8 Residential District to PD-H 2 Planned Unit Development District on a parcel located along the south side of Recreation Drive, west of Salem Road (Kempsville Borough). (These applications were deferred on February 13, 1984 and on June 18, 1984 until today. a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. K. UNFINISHED BUSINESS 1. Pelican Dunes - drainage problems 2. Proposal for Traffic Consultant L. NEW BUSINESS 1. Request of Eastern Virginia Ambulance Service, Inc. for an increase in the maximum allowable charges for ambulance services and an increase in the number of vehicles they are allowed to operate 2. Presentation by Admiral Rumble of Virginia Beach Maritime Historical Museum, Inc. ITEM II. M. ADJO@NT 1. Motion to adjourn. ACCORDING TO CITY CODE SECTION 2-20, CITY COUNCIL MEETS ONLY THE 'FIRST TWO MONDAYS IN JULY---THEREFORE THE NEXT REGULAR MEETING OF THE VIRGINIA BEACH CITY COUNCIL WILL BE AT 2:00 P.M. AUGUST 6, 1984. 4 Item II-D.1 MINTITES ITEM 22271 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED the Minutes of July 9, 1984, with corrections as follows: Page 11 - ITEM # 22222 (Assistant City Attorney Charles Sall6 pre- sented information concerning the TAX REFORM ACT of 1984 (The "ACT"). CORRECT the dntes in the following provisions of The "ACT": January 1, 1984 should be January 1, 1985 in Provision 2. December 31, 1983 should be December 31, 1986 in Provision 8. 2. The cap is in effect with respect to bonds issued after the end of last year, December 31, 1983, provided that, in the case of projects induced before June 19, 1984, bonds could be issued outside the cap, if they are issued before Jarijary 1, 1984 1985. 8. The Act extends the sunset provisions of the BOND ACT to December --I, 1988 with respect to "manufacturing facilities", but reducing the amount of the cap to $100 after December 31, 4983 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, E. Jack Jennings, Jr., Louis R. Jones, Robert G. Jonas, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. OberndorE Counci.lMembers Voting Nay. None Council Members Absent: None August 6, 1984 M I N U T E S S P E C I A L M E E T I N G VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 9, 1984 In accordance with Section 2-21 of the City Code, the SPECIAL MEETING of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, July 9, 1984, at 11:00 a.m. in the morning. 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 C. Jones, Vice Mayor Reba & McClanan, and Meyera E. Oberndorf Council Members Absent; J. Henry McCoy, Jr., D.D.S.* *Councilman McCoy entered the Informal Session at 11:20 a.m. Cit@c>f LOUIS R. JONES MUNICIPAL CENTER Mayo, VIRGINIA BEACH, VIRGINIA 23456-9002 18 June 1984 (804) 427-4581 HONORABLE MEMBERS OF CITY COUNCIL In accordance with City Code, Section 2-21, 1 hereby call a SPECIAL MEETING of the Virginia Beach City Council to be held at 11:00 a.m. for the INFORMAL SESSION AND 12:30 p.m. for the FORMAL SESSION on Monday, July 9, 1984, fo@the purpose of giving more time to the heavy agenda prior to Councils' Annual Vacation. Lo@is R. J "es Mayor LRJ:bh cc: City Manager City Attorney City Clerk Public Information Officer Members: Virginia Beach City Council Received Notice Jobn A. Baum Nancy A. Creech Harold Heischober Barbara M. Henley, Vice Mayor H. Jack Jennings, Jr. Robert G. Jones W. Hugh Kitchin III Reba S. McClanan tv J. Henry McCoy, Jr., D.D.S. Meyera E. Oberndorf July 9, 1984 - 2 - ITEM # 22208 Mayor Heischober entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an 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 whicb could affect the value of porperty 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 matters within the jurisdiction of the public body. Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. 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, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: J. Henry McCoy, Jr., D.D.S. July 9, 1984 - 3 - MAT T E R S BY MAYOR ORDINANCE RELATING TO CITY COUNCIL MEETINGS/ TIME AND PLACE ITEM # 22209 Mayor Heischober presented an Ordinance to amend and reordain Section 2-20 of the Code of the City of Virginia Beach pertaining to the time and place of the "regular" City Council Meetings (See ADD-ON Item II-H.3 of the Formal Agenda). The times of the City Council Meetings will be changed from 12:30 p.m. to 1:00 p.m. on the First, Second and Third Mondays, and to 6:00 p.m. the Fourth Monday of each month. The REGULAR SESSION, re- ferenced in the City Code, will essentially combine what currently has been known as the INFORMAL and FORMAL SESSIONS and will be held in the Council Chambers. M A T T E R S B Y C 1 T Y M A N A G E R EROSION CONTROL AND HURRICANE PROTECTION PLAN ITEM # 22210 Colonel Ronald E. Hudson, District Engineer of the United States Army Corps of Engineers, presented the EROSION CONTROL AND HURRICAN PROTECTION PLAN to City Council. Colonel Hudson distributed graphics concerning the various aspects of the plan to City Council. Colonel Hudson had previously briefed City Council on August 15, 1983. The plar@ presented then was a reinforced earth wall from Rudee Inlet to Fifty-Seventh Street, and the raising of the Beach Berm to an elevation of ten (10) feet from Fifty-Seventh to Eighty- Ninth Streets. The Berm would be continued up to that same elevation of ten (10) feet and the dune line reinforced to a height of 14-1/2 feet. At that time, the cost was estimated to be approximately $38 MILLION. After discussions and reviews of the aforementioned project, the concept of using a reinforced earth wall had not been tested in an ocean environment. Consequently this de- sign type has been withdrawn at this point in time. A STEPPED-FACE SEAWALL DESIGN was developed after a number of consultations. This design would entail an elevation of 15.7 feet which is 1.2 feet higher than previously recommended. The Beach Berm would remain at 5.4 feet ele- vation. The area from Fifty-Seventh Street to Eighty-Ninth Street would go to a dune elevation of 22.2 feet. The Total Cost of this Plan is approximately $36-1/2 MILLION with Federal Cost at $25.5 MILLION and Non-Federal at $10.9 MILLION. This particular project is now being reviewed by the Board of Engineers for Rivers and Harbors, and from there it will go to the Chief of Engineers who will publish an Environmental Impact Statement on the plan. Thus, it will be open for comment to the State and Federal Agencies, including the Governor. It will then proceed to the Assistant Secretary of the Army's Office and the Office of Management and Budget. At that particular time, the Administration will made a decision as to the project. If and when there is a decision in the CONGRESS to authorize this HURRICANE PROTECTION PLAN, then the Norfolk District Corps of Engineers will prepare a more detailed design. Perhaps more data will be available then to substantiate the engineering viability of using the first construction technique of the reinforced earth. (Graphics distributed by Colonel Hudson are hereby made a part of the record.) RESOLUTION OF APPRECIATION ITEM # 22211 A RESOLUTION OF APPRECIATION was presented to COLONEL RONALD E. HUDSON in recog- nition of his three year tenure and his service to the City of Virginia Beach as District Engineer of the U.S. ARMY CORPS OF ENGINEERS by Mayor Heischober. This Resolution was ADOPTED in the Formal Session. (See ADD-ON Item II-I.I. of the Formal Agenda.) July 9, 1984 - 4 - MAT T E R S BY C IT Y MANA GE R (Continued) REORGANIZATION OF EMERGENCY MEDICAL SERVICES ITEM # 22212 Director of Emergency Medical Services, Bruce Edwards, presented a proposal to City Council relative the REORGANIZATION OF EMERGENCY MEDICAL SERVICES. This reorgnization was developed as a result of concerns caused by unaccep- table response times of ambulance units. Bruce Edwards, through a series of charts, depicted this REORGANIZATION to City Council. Basically EMS would begin with the various specialized rescue teams, which are regulated by the squads. Certain individual squad Commanders would assume a SECTOR position to help coordinate the various squad acti- vities. Virginia Beach will be divided into five SECTORS. These SECTORS would be ultimately utilized into a resource sharing mode known as the BRIGADE. Two BRIGADES coordinate the SECTORS. EMS is requesting amendments to the City Code Sections 2-421, 2-422, and 2-423 and adding Section 2-424 pertaining to Emergency Medical Services, and an amendment to Section 10.5-2 of the Code pertaining to permits required for Emergency Medical Care Agencies and Vehicles, as well as, an Ordinance to allocate one MEDICAL DIRECTOR part-time position as opposed to five and a transfer of funds of $16,054 for that position (See Item II-E.2 of the Formal Agenda). ADD-ON SKATEBOARD RAMPS ITEM # 22213 The City Manager outlined the feasiblity of establishing, on a TRIAL BASIS, two skateboard ramps at sites in Lynnhaven Park and Mount Trashmore Park. The various estimated costs would include approximately $1500 on labor, a salary of approximately $200 for a part time PARK AID to supervise the ramp, an estimated $2500 for materials, and approximately $880 for a 5-foot chain link fence with a gate installed around the ramp. The City Council authorized the City Manager to proceed on a TRIAL BASIS with these two skateboard facilities. CONSENT AGENDA REEDTOWN PROJECT ITEM # 22214 Councilwoman Henley referenced Ordinance to authorize acquisition of property in fee simple for right-of-way for REEDTOWN SEWER/WATER/STREET IMPROVEMENT PROJECT and the acquisition of temporary and permanent easements of right- of-way, either by agreement or by condemnation. (See Item II-H.9 of the Formal Agenda). Vice Mayor McClanan and Councilwoman Oberndorf also re- ferenced this item. The City Manager advised that the City was developing the northern end of the property with the current R-4 zoning. The type of zoning will not change. Thoroughgood Colony Civic League had expressed opposition to one portion of the project, that being St. Johns Lane entering into Wakefield Street. Director of Housing and Community Development, Maryann Ustick, responded to City Council inquiries in the Formal Session. July 9, 1984 - 5 - MAT T E R S BY C IT Y MANA GE R (Continued) CITY CODE AMENDMENT SIGNAL/POLICE OFFICER ITEM # 22215 The City Manager discussed the Ordinance to amend and reordain Section 21-315 of the City Code, pertaining to disregarding a signal to stop by a police officer. The City Manager referenced Memorandum from Chief Charles R. Wall with reference to the word "uniform" in this Ordinance. (Copy of said Memorandum is hereby made a part of the proceedings). Chief Wall explained that if only the word "uniform" was inserted in subsection (a) of the Section 21-315 of the City Code, it would severely restrict their ability to make traffic stops in narcotics and othe vice- related investigations. INDUSTRIAL DEVELOPMENT REVENUE BONDS ITEM # 22216 Vice Mayor McClanan referenced issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS to Norfolk-Virginia Beach-Portsmouth MSA Limited Partnership, Cellular Mobile Radio Network (See Item II-G.3. of the Formal Agenda). Vice Mayor McClanan requested that this item be considered for DEFERRAL as it is also listed as an application for a Conditional Use Permit under the Planning Items (See Item 11-J.12 of the Formal Agenda). RECESS INTO EXECUTIVE SESSION ITEM # 22217 Due to insufficient time, City Council was unable to RECESS INTO EXECUTIVE SESSION, although voted upon previously. City Council recessed for lunch, after which Council RECONVENED into FORMAL SESSION. July 9, 1984 - 6 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL July 9, 1984 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 INVOCATION: Reverend Roy R. Jackson Retired United Methodist Conference PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA July 9, 1984 7 Item II-D.1 MINUTES IT24 22218 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council APPROVED the Minutes of July 2, 1984. 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 July 9, 1984 8 Item II-E.1-5 PRESENTATIONS ITEM 22219 Mayor Heischober recognized the following and Councilwoman Creech PRESENTED tokens of appreciation to them: Stacey Moseley Future Little Miss Tidewater Lori Jones Future Little Miss Virginia Tara Scbnell Future Little Miss Virginia Beach Leigh Lawson Miss Tidewater Lisa Simmons Miss Virginia Beach July 9, 1984 9 ltem II-F. I PROCLAMATION ITE14 22220 Mayor Heischober PROCLAIMED the week of July 22 through July 28, 1984: LOTTJS FESTIVAL WEEK This Proclamation was read by Vice Mayor McClanan and recognized the contributions made by the CAPE HENRY WOMANS CLUB in encouraging the preservation, development and extended planting of the American Lotus. Lucreza Reed, Chairman of Lotus Festival Week, accept the PROCLAMATION. July 9, 1984 9a WffREAS, The Cape Hen4y WomanA Ctub ha,6 "aceaaiutty 6pon4o4ed a Lotu,6 Fe,6tivat annuatty AoA the ta,6t 29 ye"A with co-AponAo4,6hip by the Vi4ginia Beach Depa4@nt oA PaAk-6 and Rec4eation 6o4 the Aeventh yea4; and WHEREAS, the pu4po,6e oi the Se.6tivat iA to ineLea4e amiaAeme4a oi the beauty o6 the native ;WeAican totua, n@o tutea, and to encouaage it,6 pAe,6e4vation, devetopment and extended ptanting; and MfEREAS, a-6 an exampte og thi,6 p4omotionat eiao-tt, the Cape Hen4y WomanA Ctub 6ueceeded in having the Ame4ican totu,6 ptanted in 0.6aka, Japan, jo4 Expo 170, wheae the totLA continue to devetop and enta4ge; and WHEREAS, a natu4e t4ait ha.6 been opened with tAee,6, .6hAub,6, witdStm".6, and 6e4nA having been identiiied by Ak,6. Cecit Reed and ma4ked by the DepaAt- ment o6 Pa4k,6 and Reeteation 6oA ea,6y identi6ir-ation. NOW, THEREFORE, 1, Hgtotd Hei,6chobe4, Mayo4 oi the City o6 Vi4ginia Beach, do heaeby p4octaim Juty 22-28, 1984, a-6 LOTUS FESTIVAL WEEK in V@inia Beach and uage att citizen,6 to take a,6t4ott th4ough the natu4e tAait and at,6o attend the va4iou,6 6anction-6 ptanned duaing thi6 Se.6tive meek. Ha4otd Hei4chobe4 MaYO4 July 9, 1984 - 10 - Item II-G.1 RESOLUTIONS ITEM # 22221 A MOTION was made by Councilwoman Creech, seconded by Councilman Fentress, that the RESOLUTION authorizing the CHARGE-OFF of uncollectible accounts totaling $4,844.05 be ADOPTED. Upon SUBSTITUTE MOTION by Councilman Robert Jones, seconded by Councilman Louis Jones, City Council ADOPTED the RESOLUTION authorizing the CHARGE- OFF of uncollectible accounts excluding Invoice No. 79738 in the amount of $240.00 from the requested list of cbarge-off's in the City Clerk's Office. Total CHARGE-OFF of UNCOLLECTIBLES: $4,604.05. 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 July 9, 1984 - 10a - R E S 0 L U T I 0 N WHEREAS, it is standard accounting procedure to allow for a charge-off of uncollectible accounts; and WHEREAS, an earnest and diligent effort bas been made by City departments to collect tbeir overdue accounts; and, WHEREAS, tbe following accounts which total $4,604.05 are deemed to be uncollectible: Police: Animal Control $ 390.00 False Alarms 185.00 Public Works: Highways 3,807.05 Planning: 44.00 City Clerk 178.00* Total Amount to be Charged-Off $4.604.05.* NOTE: The individual invoices are available for City Council review. NOW, THEREFORE, BE IT RESOLVED BY TliE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that $4,604.05 be charged- off as uncollectible accounts and removed from the City's records. This Resolution shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Vir- ginia on Ninth day of July, 1984. *AMENDED BY THE PROCEEDING MOTION ITEM # 22221 R E S 0 L U T I 0 N WHEREAS, it is standard accounting procedure to allow for a charge-off of uncollectible accounts; and WHEREAS, an earnest and diligent effort has been made by City departments to collect their overdue accounts; and, WHEREAS, the following accounts which total $4,844.05 are deemed to be uncollectible: Police: Animal Control $ 390.00 False Alarms 185.00 Public Works: High4ays 3,807.05 Planning: 44.00 City Clerk 418.00 Total Amount to be Charged-Off $4 844.05 NOTE: The individual invoices are available for City Council review. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that $4,844.05 be charged-off as uncollectible accounts and removed from the City's records. This Resolution shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1984. JCM/ORD/15 Item II-G.2 RESOLUTIONS ITEM 22222 Assistant City Attorney Charles Sall6, as per request of Council presented information concerning the TAX REFORM ACT of 1984 (The "ACT"). Charles Sall6 outlined the following provisions of the ACT: 1. The Act imposes an annual state-by-state ceiling or "cap" on the issuance of "private activity bonds" (IDB's). The cap for each is the greater of an amount equal to $150 per capital or $200,000,000. The Act further pro- vides that 50% of the IDB's would be allocated to the State and 50% to the localities unless the State legis- lature provided otherwise. 2. The cap is in effect with respect to bonds issued after the end of last year, December 31, 1983, provided that, in the case of projects induced before June 19, 1984, bonds could be issued outside the cap, if they are issued before January 1, 1984. (This would include the RESOLUTIONS approving INDUSTRIAL DEVELOPMENT REVENUE BONDS before City Council today.) 3. The Act stipulates criminal provisions for any indivi- dual allocating the cap as a result of any bribe, gift, gratuity, or campaign contribution. 4. The Act further provides that only 25% of the bond issue can be used to acquire land, and if the bonds are used to acquire an existing facility, then 15% of the proceeds must be used to rehabilitate that existing facility. 5. The Act would require that two or more bond issues for a single building, enclosed shopping mall, or a strip of offices, stores, or warehouses using substantial common facilities, be treated as one issue. 6. The Act also adds liquor stores, sky boxes, or other private luxury boxes, airplanes, health clubs, and gambling establishments to the present list of facilities which cannot be financed with IDB's. 7. The Act provides that the interest rate deduction for banks is reduced from 85% to 80%. 8. The Act extends the sunset provisions of the BOND ACT to December 31, 1988 with respect to "manufacturing facilities", but reducing the amount of the cap to $100 after December 31, 1983. Assistant City Attorney SallA- further referenced the estimated population figure of July 1, 1982, for the City of Virginia Beach, of 282,600, which would allow Virginia Beach an allocation of $21,195,000 for Industrial Bond Financing for the year. As approximately $140 MILLION of BONDS were issued last year, this would mean a significant reduction in the amount of bonds issued. July 9, 1984 - 12 - Item II-G.2.a RESOLUTIONS ITEM # 22223 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED a Resolution increasing the amount of the Issuance of Industrial De- velopment Revenue Bonds for AUBURN COMMERCIAL VENTURES FACILITY from $2,250,000 to $3,250,000. Voting: 6-5 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay; Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent: None July 9, 1984 - 12a - RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR AUBURN COMMERCIAL VENTURES FACILITY WHEREAS, the City of Virginia Beach Development Autohrity (the "Authority") has considered the application of Auburn Commercial Ventures, a Virginia limited partnership, or any corporation or partnership of which Ramon W. Breeden, Jr. is a shareholder or partner (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,250,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of a retail shopping center (the "Facility") to be located at the northwest and southwest corners of Holland Road and Northwood Drive (between Rosemont Road and Lynnhaven Parkway) on Holalnd Road in the City of Virginia Beach, Virginia, and has held a public hearing thereon on June 12, 1984; 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 S 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 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 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 Auburn Commercial ventures, a Virginia limited partnership, or any corporation or partnership of which Ramon W. Breeden, Jr. is a shareholder or partner, to the extent of and as required by Section 103(k) July 9, 1984 - 12b - 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, em- ployees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or con- sequential, resulting from (1) the Authority's failure to issue bonds for tlie 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 re- stricted by any State or Federal statute now or hereafter 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 J@xll8xxxr@. July 9, 1984 -2- 12c - I I/ 5/ 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: May 10, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Auburn Commercial Ventures Facility TYPE OF FACILi,ry: Retail Shopping Cejiter 1. Maximum amount oE financing sought $ 3,@. 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 3,250,000 3. Estimated real property tax per year using present tax rates $ 25,000 4. Estimated personal property tax per year using present tax rates $ 15,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 7,500 6. Estimated dollar value per year of goods and services that will be purchased locally $1 500 7. Estimated number of regular employees on year round basis 40 8. Average annual salary per employee $ 1 2 , 0 00 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 a@ July 9, 1984 12d SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Auburn Commercial Ventures Facility The northwest and southwest corners 2. LOCATION: of Holland Road and Northwood Drive (between Rosemont Road and Lynnhaven P;rVkway on Holland Road in the-City 0 rgi inia Beach, Virginia 3. DESCRIPTION OF PROJECT: aeproximately.45,000 square foot retail shopping center 4. AMOUNT OF BOND ISSUE: $3,250@,000 5. PRINCIPALS: Rajitoll We lirce(loil, Jr., sole golloral partner, and Mary Jayne Breeden, limited Partner 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? N/A On December 19, 1983, City Council approved a Resolution for Auburn Commercial Ventures Project in the amount of $2,250,000. The purpose of this Resolution is to increase the amount of the Bond from $2,250,000 to $3,250,000. July 9, 1984 cr PROJECT NAME: Aubu@n Commercial Ventures PROJECT ADDRESS: Corner of Holland Road and Northwood Drive TYPE OF PROJECT: Retail Shopping Center - 13 - Item II-G.3f. RESOLUTIONS ITEM # 22224 Upon motion by Vice Mayor McClanan, seconded by Councilman Louis Jones, City Council DEFERRED a Resolution Approving the Issuance of Industrial Development Revenue Bonds for NORFOLK-VIRGINIA BEACH PORTSMOUTH MSA LIMITED PARTNERSHIP. (See Item IT-J.12 of the PLANNTNG ITEMS) 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 July 9, 1984 13a SUMMAIIY SligET ICITY OF VlitGINIA a@Cil UEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Norfolk-Virginia Beach-Port--th MSA L@ted Partnorsil. 1. PROJECT NAME: cellular mobile Radio Network Parcel A-1-B, Great Neck Estates (Site 1) 2. LOCATION: End of Rusbuldt Lane-Salem Rd. (Site 2) 3. DESCRIPTION OF PROJECT: Cellular Mobile Radio Network 4. AMOUNT OV OUND ISSUE: $1,000,000 5. PRINCIPALS: Norfolk-Virginia Beach-Portsmouth 14SA Limited Partnership 6. ZONING CLASSIFICATIONs a. Present zoning Great Neck Road - Bl (Site 1) classification of the Salem Road - Agri (site 2) Property b. In rezoning proposed? yes NO x C. If go, to what zoning classification? Use @t will be r@ed for July 9, 1984 13b FISCAL IMPACT STATEt4ENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE. TO TIIE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA APPLICANT: Norfolk-Virginia Beach-Portsmoutli MSA Limited Partnership FACILITY: Cellular Mobile Radio Network 1. Maximum amount of financing sought $ 11000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $- 21 2,000 3. Estimated real property tax per year using present tax rates $ 1,700 4. Estimated personal property tax per year using present tax rates $ 27,300 S. Estimated merchants' capital (business license) tax per year using present tax rates $ 6. Estimated dollar value per year of goods and services that will be purchased locally $ 300,000 7. Estimated number of regular employees on year round basis 11 8. Average annual salary per amploys4i $ 27,500 The information contained in thia 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 B July 9, 1984 13c C A P :P.4 IJNKHORN Site 1: Project Name: Great Neck Road Site Project Address: Parcel A-1-B Great Neck Estates Type of Project: Cell Site July 9, 1984 13d oil Swam zown 170000 FEET Site 2: Project Name: Salem Road Site Project Address: Located at the end of Rusbuldt Lane Type of Project: Cell Site July 9, 1984 13e 7 RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR NORFOLK-VIRGINIA BEACH-PORTSMOUTH MSA LIMITED PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Norfolk-Virginia Beach-Portsmouth MSA Limited Partnership (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,000,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and installation of a cellular mobile telephone system (the Facility) to be located at Great Neck Estates, parcel A-1-B and at the end of Rustholdt Lane in the City of Virginia Beach, Virginia, and has held a public hearing thereon on June 12, 1984; 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 Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed su--ary 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 BUCH, 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 the Company, 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 July 9, 1984 13f,- -2- 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 Reach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any d-m-ges 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 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 hereafter 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 1984. July 9, 1984 - 14 - Item II-G.3a.b.c.d.e.f. RESOLUTIONS ITEM # 22225 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED Resolutions approving the issuance of Industrial Development Re- venue Bonds for the following: AIGLON ASSOCIATES ($5,080,000) BEEJAY PARTNERSHIP ($ 500,000) BIRDNECK OFFICE AND INDUSTRIAL COMPLEX ($6,400,000) GSC DIAMOND ($1,745,000) KEMPSVILLE DISTRIBUTION CENTER ASSOCIATES D/B/A KEMPSVILLE BUSINESS AND DISTRIBUTION CENTER ($1,400,000) TIMBERLAKE SHOPPES ASSOCIATES FACILITY ($1,000,000) Voting: 6-5 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay; Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent: None July 9, 1984 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: May 9, 1984 TO: THE ci,ry COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Aiglon Associates Facility TYPE OF FACILITY: Shopping Center 1. Maximum amount of financing sought $5,080,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $5,080,000.00 3. Estimated real property tax per year using present tax rates $40,640.00 4. Estimated personal property tax per year using present tax rates $7,560.00 5. Estimated inerchantel capital (buF3.,.ness license) tax per year using present tax rates $252,000.00 6. EstiLuated dollar value per year of goods and services that will be purchased locally $25,200.00 7. Estimated number of regular employees on year round basis 220 persons B. Average annual salary per employee $15,000.00 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 Bv ChairmAV SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Aiglon Associates Faci@t 2. LOCATION: Northeast corner of Hilltop Road and Laskin Road 3. DESCRIPTION OF PROJECT: 6.5 acres of land; 63.:h25.p;?,Iare foot ng center 4. AMOUNT OF BOND ISSUE: $5,080,000.00 5. PRINCIPALS: Aiglon Associates, a Virginia limited partnership and Talon Gr:,,p2,iIn I Partner, th nCT;t Gen.ra 1 stockholders of which are Louis P. Snyder and Jon P. Sedel 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 classifi- cation? n/a 2L co 01/2 (33 co m eh rlo rli 13 d 0 L'i C4 C-4 m 0 0 11 13 13 0 C4 U) 0z t-h 0 o t-i (n h LQ 10 @,Q Pc W. ct v- Fl- H- H- @ 0 P) (D :3 F- (D @ u) @ w 1- EAW Z rt- En 0 0 u) W 'O En (D 0 (D 0 0 (t ID 0 rt 0 0 (D < w A meeting 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 June, 1984. on motion by and seconded by the followin-g Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR AIGLON ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Aiglon ASSOCiates (the Company) for the issuance of the AUthority's industrial development revenue bonds in an amount not to exceed Five Million Eighty Thousand Dollars ($5,080,000.00) (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a shopping center (the Facility) to be located at the northeast corner of Hilltop Road and Laskin Road, in Virginia Beach, Virginia, and has held a public hearing thereon on June 12, 1984; 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 S15.1-1378.1, Code of virginia, 1950, as amended, a copy of the Authority's resolution approving the 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 issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Aiglon Associates, 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 Conmonwealth, 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 Project 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 Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax- exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter 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 July 9, 1984 1984. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Beejay Partnership Facility 2. LOCATION: West side of South Birdneck Road approximately 660 feet north of the intersection of South Birdneck Road and Bell's Road in Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 13,600 sq. ft. building to be leased to the partners of Beejay Partiiership for use as an animal care center and veterinary office 4. AMOUNT OF BOND ISSUE: $500,000 S. PRINCIPALS: Fred Jacobson, Dorothy G. Jacobson, James B. Bostic and Lois D. Bostic 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: I-1 b. Is rezoning proposed? No C. If so, to what zoning classification? N/a FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: APRIL 24, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: BEEJAY PARTNERSHIP PROJECT TYPE OF FACILITY: ANIMAL CARE CENTER AND VETERINARY OFFICE 1 . Maxiiniiin aiitoliiit of finaiiciiig souglit $500,000 2. Estiinated taxable value of the facility's real property to be coiisti:ucted in tl-ie municipality $420,000 3. Estiinated real property tax per year using present tax rates $ 3,880 4. Estiinated personal property tax per year using present tax rates $ 900 5. Estimated mercliants' capital (business license) tax per year using present tax rates $ 576 6. Estimated dollar value per year of goods and serviceb tliat will be purchabed locally $ 40,000 7. Estimated number of regular employees on year round basis 12 8. Average annual salary per employee $ 10,000 Tlie information coiitained in this Stateinent is based solely on facts alid estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Autliority By Chairldo all P NAME: Beejay Partriership PFa= ADDRESS: West side of South Birdneck Road, 660 feet north of the intersection of South Birdrieck and Bell's @, Virginia Beach, Virginia TYPE OF P care center and vete ' RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR BEEJAY PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Beejay Partnership, a Virginia general partnership (the Company) whose address is 8606 Ocean Front, Virginia Beach, Virginia, 23451, for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $500,000 (the Bonds) to assist in financing of the Company's construction and equipping, on a 2.5 acre parcel of land located on the west side of South Birdneck Road approximately 660 feet north of the intersection of South Birdneck Road and Bell's Road in Virginia Beach, Virginia (the City), a 13,600 sq. ft. building to be owned by the Company and leased to its partners for use as an animal care center and veterinary office facility (the Facility) and has held a public hearing thereon on June 12, 1984; and WHEREAS, the Authority has requested the City Council (the Council) of the City, *lo 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 statement required by Section 15.1-1378.1 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: -2- 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 Company, 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 bonds by the Authority is restricted by -3 - 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 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 July City of Virginia Beach, Virginia, on 9 1984. FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING I)ATE: JTJNE 12, 1984 ,i,o: riii,, Cl@l'Y COUNCIL OF VIRCINIA Br%ACI-1, VIRGINIA PROJECT NAME: BIRNECK OFFICE AND INDUSTRIAL COMPLEX A VIIIGINIA GENERAL PARTNRRSHIP (BEING FORMFD) TYPE OF FACILI'UY: UP TO SEVENTERN (17) ONE STOITY BUILDINGS TOTALLING 233,000 SQ. FT- FOR WAREHOUSING, LIGHT INDUSTIAL AND COMMERCIAL OFFICE ACTIVITIES TO BE CONSTRUCTED OVER APPROXIMATELY A 3 YEAR PERIOD 1. Maximum ainount of financing sought: $6,400,000.00 2. l@,stiiniited taxable valiie or the facility's $6,400,000-00 i-(!nl 1)rol)crty to I)c consti,ticte(i ill tilo inuiiicipality: 3. Estimated real property tax per year using $ 51,200.00 liix 4. Estimated personal property tax per year $ 63,450.00 using present tax rates: 5. Estimated merchants' capital (business license) $ 23,100.00 tax per year using present tax rates: 6. Estimated dollar value per year of goods and $3,850,000.00 services that will be purchased locally: 7. Estimated number of regular employees on 170 year round basis: 8. Average annual salary per employee: $ 15,000.00 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 WW Chairm#v 5.12.24.C SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. Project Name: BIRDNECK OFFICE AND INDUSTRIAL COMPLEX, A VIRGINIA GENERAL PARTNERSHIP (BEING FORMED) 2. Project Location: APPROXIMATELY 25.4 ACRES OF LAND LOCATED ON NORTH BIRDNECK ROAD AT THE NORTHWEST CORNER OF NORTH BIRDNECK ROAD AND NORFOLK SOUTHERN RAILWAY COMPANY RIGHT-OF-WAY, FRONTING APPROXIMATELY 750 FEET ON BIRDNECK ROAD AND APPROXIMATELY 1,600 FEET ALONG THE RIGHT-OF-WAY, VIRGINIA BEACH, VIRGINIA 3. Description of Project: UP TO 17 BUILDINGS TOTALLING APPROXIMATELY 233,000 SQUARE FEET TO BE USED FOR WAREHOUSING, LIGHT INDUSTRIAL AND COMMERCIAL OFFICE ACTIVITIES 4. Amount of Bonds $6,400,000.00 (TO BE PROVIDED THROUGH SEVERAL BOND ISSUANCES OVER APPROXI- MATELY A THREE (3) YEAR PERIOD) 5. Principals: HERBERT K. BANGEL (12.5%) STANLEY J. BANGEL (12.5%) SIDNEY L. BERZ (12.5%) WILLIAM A. DASCHER (12.5%) GEORGE H. METZGER (25%) LARRY B. SLIPOW (25%) 6. Zoning Classification: (a) Present zoning classification of the property? I-1 (b) Is rezoning proposed? Yes No x (c) If so, what zoning classification? N/A 5.12.28.C RESOLUTION APPROVING THE ISSUANCE OF INDUSTR@ DEVELOPMENT REVENUE BONDS BIRDNECK OFFICE AND INDUSTRIAL COMPLEX, A VIRGINIA GENERAL PARTNERSHIP (BEING FORMED) WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of Birdneek Office and Industrial Complex, a Virginia general part- nership (being formed) (the "Purchaser") for the issuance of the Authority's industrial development revenue bonds in a total amount esti- mated at Six Million Four Hundred Thousand Dollars ($6,400,000.00) (the "Bonds") to assist in the financing of the Purchaser's acqxfisition of approximately 25.4 acres of land located on North Birdneck Road at the northwest corner of North Birdneck Road and Norfolk Southern Railway Company right-of-way, fronting approximately 750 feet on Birdneek Road and approximately 1,600 feet along the right of way, Virginia Beach, Virginia, and the construction and equipping thereon of up to 17 buildings totalling approximately 233,000 square feet for warehousing, light industrial and commercial office activity (the "Facilities"), and after proper notice in a newspaper of general circulation has held a public hearing thereon on June 12, 1984 pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as amended; 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 Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reaso- nably detailed summary of the comments expressed at the public hearing, if any, as well as the Fiscal Impact Statement, 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 and issuance of the Bonds by the City of -1- Virginia Beach Development Authority for the benefit of Birdneck Office and Industrial Complex, a Virginia general partnership (being formed) 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 Facilities. 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 Purchaser; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authorit3r shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, 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, wid 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 Facilities for any reason, including but not limited to any discussion of 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 Facilities to allocate a portion of its allowable industrial development 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 hereafter 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 uly 9 Virginia Beach, Virginia on Jvjfi7g -'. 1984. 5.12.27.C -2- i,C LO' itc ML SO.T@F C) @o; LA PROJECT NAME: BIRDNECK OFFICE AND INDUSTRIAL COMPLEX PROJECT ADDRESS: North Birdneck Road & Norfolk-Southern Railroad Co. Virginia Beach, Virginia 23451 TYPE OF PRODUCT: Light Industrial and Conunercial Office SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND GSC Diamond, a Virginia general 1. PROJECT NAME: partnership East side of Business Park Drive 2. LOCATION: approximately 485 feet north of the i-pli;,Q,,-,i-inn @f R,,qinF,@@-Park Drive and Greenwich Road in the City of Tl,,,h, 17irainia 3. DESCRIPTION OF PROJECT: To acquire, construct and equip an approximately 29,000 square oo office building 4. AMOUNT OF BOND ISSUE: $1,745,000 5. PRINCIPALS: Robert 0. Copeland, General Partner Harry Sandler, General Partner Tavia Gordon, General Parnter 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? N/A FISCAL IMPACT STATEMENT May 11, 1984 GSC Diamond, a Virginia general partnership 29,080 Square Foot Warehouse Building 1. Maximum amount of financing sought $1,745,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality 1,238,000 3. Estimated real property tax per year using present tax rates 9,904 4. Estimated personal property tax per year using present tax rates 3,150 5. Estimated merchants' capital tax (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 1,300,000 7. Estimated number of regular employees on year round basis 97 S. Average annual salary per employee 45,000 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Chairmary V RESOLUTION OF CITY CCUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR GSC DIAMOND ;iHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the appli- cation of GSC Diamond, a Virginia general partnership (the "Appli- cant") for the issuance of the Authority's industrial development rev- enue bonds in an arount not to exceed $1,745,000 (the "Bonds") to assist in the financing of the Applicant's acquisition, construction, equipping and conversion of an approximately 29,000 square foot office building (the "Project") located on the east side of Business Park Drive, approximately 485 feet from the intersection of Business Park Drive and Greenwich Road in Virginia Beach, Virginia, and has held a public hearing thereon on June 12, 1984; 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 Inter- nal 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, pursuant to SS 15.1-1378.1 of the Virginia Code, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and the fiscal impact statement have been filed with the Coun- cil; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia ap- proves the issuance of the Bonds by the City of Virginia Beach Devel- opment Authority of Virginia Beach, Virginia, for the benefit of the Applicant, to the extent 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 Project. 2. 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 Applicant, but, as required by Section 12.1 of Chapter 643 of the 1964 Acts of the General Assembly of Vir- ginia, 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, credit nor the taxing power of the Commonwealth, the City nor 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 (i) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole -2- discretion to allocate its allowable industrial develocment bond vol- ume to one or nore other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State o,r Federal statute now or hereafter enacted; or (ii) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Vir- ginia on July 9 1984. By: -3- i@ -WQOLCB 2 iniern M CTC 4i PROJECT NAM:: GS@ Diamond Side of BuSines@ Park Drive, PROJECT LOCATION: EaSt ,,485' North of Intersection of Business Park Drive & Greenwich Road FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: MAY 7, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA KEMPSVILLE DISTRIBUTION CENTRE ASSOCIATES d/b/a PROJECT NAME: KEMPSVILLE BUSINESS AND DISTRIBUTION CENTRE TYPE OF FACILITY: OFFICE/WAREHOUSE I MaximL,Ill ainoulit of fii-iaiicing sought $1,400,000 2. Estimated taxable value of tlie facility's real property to be coiistrticted iii tlle iiiui-iicipality $1,200,000 3. Estimated real property tax per year using present tax rates $ 10,928 4. Estimated personal property tax per year using present tax rates $ 3,000 5. Estiiiiated iiiercliaiits' capital (business license) tax per year using present tax rates $ 9,000 6. Estijnated dollar value per year of goods and services that will be purchased locally $ 32,400 7. Estimated number of regular employees on year round basis 126 8. Average annual salary per employee $ 12,000 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 Virginii Beach Development Authority By ww /?, @ Cha i SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND KEMPSVILLE DISTRIBUTION CENTRE ASSOCIATES d/b/a 1. PROJECT NAME: KEMPSVILLE BUSINESS AND DISTRIBUTION CENTRE 2. LOCATION: Immediately west of, and adjacent to, Kempsville Square Center, which is located at 73-117 South Witchduck Road in Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Two office/warehouse buildings containing, in the aggregate, approximately 30,000 sq. ft. of space 4. AMOUNT OF BOND ISSUE: $1,400,000 5. PRINCIPALS: E. Kenneth Day Jahn W. Summs 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: I-1 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A -NM DISTRIBUTICN ASSOCIATES d/b/a PR3= NAME: @SV= BUSINESS AND DISTRIBUTION CENM P T ADDRESS: West of, and ately adjaoent to, Keirpsville Square Center, which is located at 73-117 South Witchduck Road, Virginia Beach, Virginia TYPE OF P T: Office/warehouse buildings RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS rOR KEMPSVILLE DISTRIBUTION CENTRE ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Kempsville Distribution Centre Associates, a Virginia general partnership (the Company) whose address is 4530 Professional Circle, Virginia Beach, Virginia, 23455, for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,400,000 (the Bonds) to assist in financing of the Company's acquisition, construction, and equipping of two office/warehouse buildings containing, in the aggregate, approximately 30,000 sq. ft. of space facility (the Facility) to be located on a 1.4 acre parcel of land situated west of, and immediately adjacent to, Kempsville Square Center which is located at 73-117 South Witchduck Road in the City of Virginia Beach, Virginia, and to be owned by the Company and has held a public hearing thereon on June 12, 1984; 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 statement required by Section 15.1-1378.1 of the Virginia Code have been filed with the Council of the City; THEREFORE, BE IT RESOLVED BY THE C,ITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: -2- 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 Company, 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 bonds by the Authority is restricted by -3- 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 bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. This Resolution shall take effect immediately upbn its adoption. Adopted by a majority of a quorum of the Council of the July City of Virginia Beach, Virginia, on 9 1984. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Timberlake Shoppes AssociateB Fac lity 2. LOCATION: 4291 Holland Road Virginia Beach, virgi@ia 23452. 3. DESCRIPTION OF PROJECT: Retail shopping denter/offi.cc -facility 4. AMOUNT OF BOND ISSUE: @1,000,000 S. PRINCIPALS: Prednrick J- Napnlitan- Richard E. Olivieri 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property P-n.H.- b. Is rezoning proposed? Yes No C. If so, to what zoning classification? aiiplioabla- 11/ 5/ 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATC: May 4, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH? VIRGINIA PROJECT NAME: Tiniberlake Shoppes Associates FacilitY TYPE OF FACILITY: Retail shopping center/office facility 1. MaximuM amount of financing sought $ l@g 9 9 2. EStimated taxable value of the facility'S real property to be constructed in the $ 16 00, 000 municipality 3. Estimated real property tax per year using present tax rates $ 6 560 4. Estimated personal property tax per year using present tax rates $ 11000- 5. Estimated merchants' capital (business license) tax per year using present tax rates $ io,oool@ 6. Estimated dollar value per year of goods and services that will be purchased locally $ on 7. Estimated number of regular employees on year round basis 52 8. Average annual salary per employee $ I.I.rlnn 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 @r-. YGUIDE" EET AND VICINIT F VIRGINIA BEACH, VIRGIN!A-,I- NNIN( .4-., NAME. T S"PES AM 4291 Hol@ "A-j OF P@Wr: Retail Shopping Center/ Office Facility 7= MILES RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR TIMBERLAKE SHOPPES ASSOCIATES FACILITY WHEREAS, the City of Virginia Beach Development Autohrity (the "Authority") has considered the application of Timberlake Shoppes Associates, a Virginia general partnership, or any corporation or partnership of which Frederick J. Napolitano is a shareholder or partner (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,000,000 (the "BondS") to assist in the financing of the Company's acquisition, construction, and equipping of a retail shopping center/office facility (the "Facility") to be located at 4291 Holland Road in the City of Virginia Beach, virginia, and has held a public hearing thereon on June 12, 1984; 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 S 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 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 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 Timberlake Shoppes Associates, a Virginia general partnership, or any corporation or partnership of which Frederick J. Napolitano is a shareholder or partner, 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, em- ployees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or con- sequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reasont 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 re- stricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the @ulv City of Virginia Beach, Virginia on avmxlt, 1984. 15 - Item II-H. 1 ORDINANCES ITEM 22226 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to amend and reordain Section 21-315 of the Code of the City of Virginia Beach, Virginia, pertaining to DISREGARDING SIGNAL TO STOP BY POLICE OFFICER (AS AMENDED). There were two versions of this Ordinance presented to City Council. The first version was ADOPTED (A copy of which is hereby made a part of the proceedings) with the additional verbage as shown below: *AMENDMENT to Paragraph 3 Subsection (a): ,,(a) Any person who, having received a visible or audible signal from any police officet wearing a uniform or displaying his badge or other sign of authotity to bring his motor vehicle to a stop, shall operate such motor vehicle in a wilful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle or endanger other property or per- son, or wbo shall increase his speed and attempt to escape or e- lude such police officer, shall be guilty of reekless-dfiv@ng, prisonfftent a class 2 misdemeanor. 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 July 9, 1984 - 15a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-315 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO DISREGARDING SIGNAL TO STOP BY POLICE OFFICER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-315 of the Code of the City of Virginia Beach, Virginia, pertaining to disregarding signal to stop by police officer is hereby amended and reordained as follows. Section 21-315. Same - Disregarding signal to stop by police officers. (a) Any person who, having received a visible or audible signal from any police officer wearing a uniform or displaying his badge or other sign of authority to bring his motor vehicle to a stop, shall operate such motor vehicle in a wilful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle or endanger other property or person, or who shall increase his speed and attempt to escape or elude such police officer, shall be guilty of eueh-fine-and-imprisenmenb a class 2 misdemeanor. (b) When any person shall-be is convicted ef-reekless driv4ng under this section, in addition to the penalties provided herein, the operator's or chauffeur's license of such person may be suspended by the court or judge for a period not to exceed one year.,--provided-thatT However, in any case where the speed of the accused is determined to have exceeded the maximum allowed by fifteen (15) miles per hour, where the maximum speed is fifty-five (55) miles per hour or greater, the operator's or chauffeur's license shall be suspended by the court or judge trying the case for a period of not less than ninety (90) days. In case of conviction and suspension, the court or judqe shall July 9, 1984 -15b - order the surrender of the license to the court, where it shall be disposed of in accordance with the provisions of section 21-276. Adopted this 9th day of July, 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da (P) 6/26/84 7/10/84 July 9, 1984 -2- - 16 - Item II-H.2 ORDINANCES ITEM # 22227 Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to enact a Section 35-3.1 of the Code of the City of Virginia Beach relating to waiver of penalty and interest FOR FAILURE TO FILE A RETURN OR TO PAY A TAX if such failure was not in any way the fault of this taxpayer. This Ordinance replaced the previously deferred Ordinances to amend Section 35-6 re personal property and Section 35-37 re real estate waiver of penalty and interest. 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 July 9, 1984 - 16a - AN ORDINANCE TO ENACT A SECTION 35-3.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO WAIVER OF PENALTY AND INTEREST FOR FAILURE To FILE A RETURN OR TO PAY A TAX IF SUCH FAILURE WAS NOT IN ANY WAY THE FAULT OF THE TAXPAYER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-3.1 of the Code of the City of Virqinia Beach, Virginia is hereby enacted as follows: Section 35-3.1. The commissioner of revenue is hereby authorized to waive any penalty and interest imposed by law for failure to file a return or to pay a tax provided that he first makes a determination that the failure to file the return or to pay the tax was not in any way the fault of the taxpayer. Upon making such a determination, the commissioner of revenue shall notify the city treasurer in writing of the waiver of penalty and interest. Upon receipt of such letter, the ci@ treasurer shall no longer be responsible for collecti uch penalty and interest and shall mark his records accordingly. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 9 day of JBIIY 1984. MES/re 7/3/84 (ORD G) APPRO'VED AS 10 C;j N, -j Al July 9, 1984 - 17 - Item II-H.3 ORDINANCES ITEM # 22228 ADD ON Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance to Amend and Reordain Section 2-20 of the Code of the City of Virginia Beach relating to the TIME and PLACE of REGULAR COUNCIL MEETINGS. The times of the City Council Meetings will be changed from 12:30 p.m. to 1-.00 p.m. on the First, Second and Third Mondays, and from 5:30 p.m. to 6:00 p.m. on the Fourth Monday of eacb month. The REGULAR SESSION, re- ferenced in the City Code, will essentially combine what currently has been known as the INFORMAL AND FORMAL SESSIONS and will be held in the Council Chambers. 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 July 9, 1984 - 17a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-20 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE TIME AND PLACE OF REGULAR COUNCIL MEETINGS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec. 2-20. Regular meetings generally - When and where held. Regular meetings of the council shall be held in the Administration Building, Municipal Center, Virginia Beach, Virginia, on the first, second and third Mondays at 1/22T3e P.M. 1:00 pm. and on the fourth Monday of each month at 5:30-pTmT 6:00 pm., unless such date shall fall upon a legal holiday, in which case the meeting will be held on the next succeeding day which is not a holiday and at the same hour, except as other- wise provided by special resolution of the council. However, in July of each year, there shall be regular meetings only on the first two (2) Mondays of the month. To acconunodate citizen participation in public hearings, the council may, by resolution, convene any council meeting at such public facility in the city that will, in the judgement of city council, accommodate the citizens; provided, however, that notices shall be provided to the press by the City Manager. This ordinance shall be effective from date of adoption. ADOPTED: July 9, 1984 JDB:er 7-9-84 7-10-84 July 9, 1984 - 18 - Item II-I. CONSENT AGENDA ITEM # 22229 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council APPROVED, in ONE MOTION Items 1, la, 2, 3, 4, 4a, 5, 6, 7, 8, 10, 11, 12, 13, and 14. Items la and 4a were ADD ON ITEMS Item 9 was voted upon separately. 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 July 9, 1984 - 19 - Item 11-I.la CONSENT AGENDA ITEM # 22230 Upon motion by Councilman Baum, Seconded by Councilwoman Creech, City Council ADOPTED a RESOLUTION OF APPRECIATION to COLONEL RONALD E. HUDSON in recognition of his three year tenure and his service to the City of Virginia Beach as District Engineer of the U.S. ARMY CORPS OF ENGINEERS. 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 July 9, 1984 WHEREAS, Colonel Ronald E. Hudson is concluding a three-year tenure as District Engineer of the U. S. AmW Corps of Engineers, Norfolk District; and WHEREAS, Colonel Hudson is retiring from military service upon completion of his tour as District Engineer and Will become the Assistant Director of Public Works in Houston. Texas'. and WHEREAS, Colonel Hudson has had a distinguished military career with assigments of increased responsibility and authority both in the United States nd abroad; and WHEREAS. Colonel Hudson is a registered professional engineer and has earned the military awards of the Legion of Merit, the Bronze Sta r, the Meritorious Service 14edal, the Air 14edal, and the Anity Com*ndation Medal; and WHEREAS, during his tenure as District Engineer, the relations between the City of Virginia Beach and the Corps of Ehgineers have been marked by thorough professionalism, high ethical and moral standards, and the highest ideals of honor and integrity in the handling of the marky important matters of public policy whicfi have arisen; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that Colonel Ronald E. Hudson is publicly thanked for his service to the community, which affirmed the dignity and worth of the services rendered by goverrinent and which r flected a positive, constructive. creative and practical approach to the soluiion of comon problerns ;or the benefit of the public at large-, a;d BE IT FURTHER RESOLVED that the Council of the City of Virginia Beach, Virginia. extends to Colonel Hudson and his family its best wishes for continued success and achievement in his new career in municipal administration, trusting he will bring the skills he has displayed so well in his tenure as District Engineer of the Amy Corps of Engineers Norfolk District to his new post with the City of Houston, Texas. Given under my hand and seal this ninth day of July, nineteen-hundred and eighty-four aro eisc 0 er Mayor - 20 - Item II-I.1 CONSENT AGENDA ITEM # 22231 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED the following Ordinance: ORDINANCE TO AMEND AND REORDAIN SECTION 2-75 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO SERVICE DIVIDED INTO EXEMPT AND MERIT SERVICES; COMPOSITION OF EXEMPT SERVICE *The City is removing the ASSISTANT REGISTRARS from the merit system and placing them into the exempt service. 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 July 9, 1984 - 20a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-75 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO SERVICE DIVIDED INTO EXEMPT AND MERIT SERVICES; COMPOSITION OF EXEMPT SERVICE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-75 of the Code of the City of Virginia Beach, Virginia, pertaining to service divided into exempt and merit services and composition of exempt service, is hereby amended and reordained to reads as follows; Section 2-75. Service divided into exempt and merit services; composition of exempt service. (a) The service of the city is divided into exempt service and merit service. (b) The exempt service shall consist of: (1) Members of the city council and all other elected officials or persons appointed to fill vacancies in elective offices. (2) The city manager, assistant city managert assistants to the city manager and all heads of departments or offices who are appointed by the city manager. (3) Constitutional officers and their employees. (4) All appointees of the city council. (5) Employees of the health department. (6) Employees of the school board. (7) Judges and associate judges of the circuit courts, general district courts and juvenile and domestic relations district courts, and employees of such courts. (8) Employees of social services. (9) Employees of the agriculture department compensated by the state. (10) The general registrar and all assistant registrars. (11) Employees of juvenile probation. July 9, 1984 - 20b - (12) Members of boards and commissions. (13) Any individual whose relationship with the city arises from or under any express contractual agreement to which such individual is a party or whose position is created by such contract. Adopted this 9 day of July 1984, by the Council of the City of Virginia Beach, Virginia. KJC/da (MISC) 5/23/84 July 9, 1984 -2- - 21 - Item II-I.2 a. CONSENT AGENDA ITEM # 22232 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to amend and reordain Sections 2-421, 2-422, and 2-423 of the Code of the City of Virginia Beach, Virginia, and adding Section 2-424 pertaining to EMERGENCY MEDICAL SERVICES. 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 July 9, 1984 - 21a - Requested by: City Manager AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-421, 2-422, AND 2-423 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND ADDING SECTION 2-424 PERTAINING TO EMERGENCY MEDICAL SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-421, 2-422, and 2-423 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained and Section 2-424 is hereby added to read as follows: Section 2-421. Creation; composition. There is hereby created an-effiee a division of emergency medical services, which shall consist of medical direeters a director of Emergency Medical Services, a medical director endorsed by the Virginia Beach Medical Societyl, the eeuneii-ef-virginia-Beaeh-Volumbeer-Reseue-SquadST-inCT7-the members of the operational volunteer rescue squads serving the city7-and-an-affiee-eeordinaterT-with-staff-as-neeeseary and other such committees, boards, organizations and personnel as may be ordered by the city manager, the medical director or the director consistent herewith. The medieek-directere-and eaerdinater director and medical director shall be appointed by the city manager.- The medical eampeneation. shall be appointed for a term of two (2) years and shall be eligible for reappointment. Section 2-422. Functions. The offlee division of emergency medical services shall be responsible for controlling and supervising the provision of preper prehospital emergency patient care services in the city to protect and promote the health, welfare and safety of the general public. July 9, 1984 21b - The division shall be responsible for establishing and enforcing rules, regulations and policies for the division and for other agencies which are defined under section 10.5 of the code. The division shall have other such powers and duties as may be assigned by council or the city manager. Section 2-423. Medical General powers and duties of directors. (a) The medical directors shall be responsible for the establishment of medical policy dealing with the direction and coordination of patient care operations for the division including but not limited to the development of medical training standards, medical care procedures and protocols, medical performance standards and general medical control. make-ruiest -ineleding-the-development-and-direetien-of-emergeney-patient,-eare supervision-of-all-certified-emergeney-medieai-serviees-persenneiT (b) The director of emergency medical services shall make rules, regulations and policies concerning the general management, direction, operation and control of the division including the certification of emergency medical services personnel to operate within the city consistent with policies promulgated by the medical director; the implementation of medical policy; and the supervision of all personnel within the division. (c) The rules, regulations and policies of the medical director and director shall be subject to approval by the city manager, and shall not be inconsistent with the laws of the commonwealth. Section 2-424. Advisory boards. (a) The Council of Virginia Beach Volunteer Rescue Squads, Inc. shall serve as an advisory board to the director of -2- July 9, 1984 - 21c - emergency medical services, providing recommendations on division policy matters as necessary. The advisory board may also provide recommendations to the city manager concerning the selection of the director of emergency medical services when vacancies occur in that position. (b) Additional boards which may be created shall have duties as enumerated to them by the city manager, medical director or the director of emergency medical services. This Ordinance shall become effective thirty (30) days from the date of its adoption. Adopted this 9 day of July 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da misc 3/12/84 6/8/84 6/12/84 July 9, 1984 -3- - 22 - Item II-I.2 b. CONSENT AGENDA ITEM # 22233 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to amend and reordain Section 10.5-2 of the Code of the City of Virginia Beach, Virginia, pertaining to PERMITS required for EMERGENCY MEDICAL CARE AGENCIES and VEHICLES. 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 Nayi None Council Members Absent: None July 9, 1984 -22a- Requested by: City Manager AN ORDINANCE TO AMEND AND REORDAIN SECTION 10.5-2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PERMITS REQUIRED FOR EMERGENCY MEDICAL CARE AGENCIES AND VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10.5-2 of the Code of the City of Virginia Beach, Virginia, pertaining to permits required for emergency medical care agencies and vehicles, is hereby amended and reordained as follows. Section 10.5-2. Permit required. (a) It shall be unlawful, in accordance with section 32.1-156, Code of Virginia, for any individual or organization to operate an emergency medical services agency or vehicle in the city for emergency transport purposes or nonemergency transport purposes, excepting the off4ee division of emergency medical services of the city as provided for by chapter 2, article XIX, section 2-421 of this Code without first being granted a permit to do so by the city council. (b) The number of ambulances, prescribed areas of operation, prescribed levels of care rendered, fixed charges and fees for services delivered, required limits of liability insurance coverage and other rules and regulations not inconsistent with the laws of the commonwealth shall be prescribed for under said permit. This Ordinance shall become effective thirty (30) days from the date of its adoption. Adopted this 9 day of j,,Iy 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da (F) 6/12/84 July 9, 1984 - 23 - Item II-1.2 c. CONSENT AGENDA ITEM # 22234 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to allocate to the Division of EMERGENCY MEDICAL SERVICES a MEDICAL DIRECTOR position and transfer funds of $16,054 for the position. 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. McCianan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 9, 1984 - 23a - AN ORDINANCE TO ALLOCATE TO THE DIVISION OF E14ERGENCY MEDICAL SERVICES A MEDICAL DIRECTOR POSITION AND TRANSFER FUNDS OF $16,054 FOR THE POSITION WHEREAS, the reorganization of the Division of Emergency Medical Services has created the need for a part-time Medical Director position to establish medical policy for emergency medical services operations, and WHEREAS, for fiscal year 1985, funds of $16,054 are required for the position and related fringe benefits, and WHEREAS, the necessary funds can be provided by transfer from the General Fund Reserve for Contingencies NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that a Medical Director position is hereby allocated to the Division of Emergency Medical Services and funds of $16,054 are hereby transferred from the General Fund Reserve for Contingencies to the division for the position and related fringe benefits. Approved by the Council of the City of Virginia Beach on the Ninth day of July 1984. PWC 13/5 July 9, 1984 - 24 - Item II-1.3 CONSENT AGENDA ITEM # 22235 Upon motion by Councilman Baum, seconded by Councilwoman Creech ' City Council ADOPTED an Ordinance to transfer appropriations in the mount of $21,720. within the FY 85 TIDEWATER VIRGINIA ALCOHOL SAFETY ACTION PROGRAM (TVASAP). 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 July 9, 1984 - 24a - AN ORDINANCE TO TRANSFER APPROPRIATIONS WITHIN THE FY 85 TID VIRGINIA ALCOHOL SAFERY ACTION PROGRAM TVASAP is in need of additional classroam and office space because of the increasing n@r of court referrals in Norfolk, and WHEREAS, additional space can be provided by the opening of a TVASAP office in Norfolk at a site on 415 St. Paul Blvd. in the Atlantic National Bank Building, and , the rent for this space will total $21,720.00 for FY 85, and WHEREAS, the TVASAP Program has identified appropriations in their FY 85 Budget that may be reallocated for this expense. NOW, THEREFORE, BE IT ORDARM BY THE ODLINCIL OF THE CITY OF VIRGINTA BEACH, that appropriations in the @t of $21,720.00 be transferred within the TVASAP Budget to lease this office space. Adopted by t-he Council of the City of Virg@a Beach, Virguua on the Ninth day of July 1984. APPROVED AS TO CONTENT SIGNAT@ DEPARTMENT; July 9, 1984 - 25 - Item II-I.4a. CONSENT AGENDA ITEM # 22236 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance, on SECOND READING, approving the relocation of the PEMBROKE BOULEVARD WATER LINE and appropriating the funds necessary to relocate the water line and vacating the easement where the water line is presently located ($50,000.00) *THIS ITEM WAS ADOPTED IN ERROR ON July 2, 1984 -- SHOULD HAVE BEEN APPROVED ON FIRST READING. 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 July 9, 1984 = 25a - REQUESTED BY: DEPARTMENT OF PUBLIC UTILITIES oRDrNANCE APPROVING THE RELOCATION OF THE PEMBROKE BOULEVARD WATER LINE AND APPROPRIATING THE FUNDS NECESSARY TO RELOCATE THE WATER LINE AND VACATING THE EASEMENT WHERE THE WATER LINE IS PRESENTLY LOOCATED WHEREAS, prior to 1972, the City of Virginia Beach (City) constructed a water line in an easement along a route that was anticipated to be the location of Pembroke Boulevard; and WHEREAS, subsequent to the installation of that water line, the City constructed Pembroke Boulevard In its present location, which location is different than the one contemplated when the water line was installedl and WHEREAS, the City agreed in February of 1972 that the easement would be vacated and the water line would be relocated at no expense to Frederick J. Napolitano (Developer) if it was deemed to interfere with the orderly development of comercial property on the north side of Pembroke Boulevard; and WHEREAS, Developer claims that said water line is presently interfering with that development because it is impeding all proposed sales of the property; and WHEREAS, the City has made an investigation of this matter and determined that the water line should be relocated in keeping with the terms of the aforementioned agreement; and WHEREAS, the developer has agreed to dedicate the necessary easement to allow the relocation of this water line to a route parallel to the north side of Pembroke Boulevard and adjacent thereto; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THS CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council authorizes the City to proceed with the engineering and design plans which are necessary for the completion of this project and to begin construction of this project as soon as said engineering and design plans have been completed. July 9, 1984 25b 2. That funds in the anount Of Fifty Thousand Dollars ($50,000.00) be appropriated from the general fund to the Department of Public Works for the funding of this project. 3. That the City Kanager of the City of Virginia Beach be authorized to execute a quitclain deed to the Developer for the purpose of vacating the easement that is described on the deed that is attached hereto and made a part hereof and which is incorporated herein by reference. Adopted this Ninthday of July 1984, by the Council of the City of Virginia Beach, Virginia. KJC/da NOTE: Three fourths vote of Counci 1 is (B) required-for adoption. 5/24/84 5/25/84 6/5/84 FIRST READING: July 2. 1984 SECOND READING: July 9, 1984 July 9, 1984 - 26 - Item II-1.4 CONSENT AGENDA ITEM # 22237 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance, on SECOND READTNG, to accept a grant award and appropriate $2,532,000 from the Department of Housing and Urban De- velopment for the COMMUNITY DEVELOPMENT TENTH PROGRAM YEAR. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Batbara 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 July 9, 1984 26a - AN ORDINANCE TO ACCEPT A GRANT AMM FR'JM THE DEPARTMERR OF HO(JSING AND URBAN DEVEM AND TO APPROPPJATE FLZZING FOR THE CCMLINITY DEVELO TERrH PRDGRAM YEAR the Department of Housing wO Urban Devel t (HUD) has awarded a grant of $2,432,000. for funding the C@ity Devel t Tenth Pro- grarn Year, and , Prograin Inccme frcm Water and Sewer Fees and Repayme-nts of $100,000. is available for use, and , the Department of Housing and Urban Devel t has approved the ty Devel t Tenth Program Year budget. NOW, THMMRE, BE IT 0 BY THE COLMIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That f frcgn HUD be acoepted and funds appropriated for the following projects and purposes: APPROPRIATIONS ACRIVITY $ 862,016. Lake @th Water/Sewer/Streets 100,000. Gracetown Streets 100,000. Newscme Farm Streets 50,000. Seatack Streets II A 50,000. Seatack Streets III 25,000. Seatack Streets II B 25,000. Seatack Streets IV 300,000. Mill Dain Water/Sewer/Streets 250,000. Relocation 233,867. Last Resort Housing 50,000. Rehabilitation 486,117. Administration $2,532,000. T(YRAL APPROPRIATICNS That the appropriations will be financed by $2,432,000. in federal funds fran HLJD, and $100,000. fran program inccme. FIRSI' READING: July 2, 1984 SECOND READIM: July 9, 1984 Adopted by the Council of the City of Virginia Beach on the. 9 day of July 1984. APPROVED AS TO CONTENT SiGNAT July 9, 1984 C17Y ATTORtiEI- - 27 - Item II-I.5 CONSENT AGENDA ITEM # 22238 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance, on SECOND READING, to accept a grant and appropriate $90,072 from the Department of Corrections for the VIRGINIA BEACH COMMUNITY DIVERSION 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, 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 July 9, 1984 - 27a - AN OF<DINANCE TO ACCEPT A @ FROM THE DEP OF CORF=ONS TMALING $90,072 AND TO APPROPRMM THESE FUNDS FOR THE VI@IA COMKJNITY DIVEFSION P the Virginia Gerieral As y has eriacted the Cammunity Corrections Incentive Program wiucki niakes furxls available to jurisdictions withLn the Ccmonwealth for the purposes of diverting qualified rx:)n-violent offenders fran the State penitentiaries for the purpose of rehabilitatirmg these offeriders and allow@ them the opportunity to wake restitution for their crimes; and the City of Virginia Beach is currently operating such a program; and WHEEZEAS, the Virginia t of Corrections has approved the neoessary fund3ng to cont3-nue the Virg@ Beach C ty Diversion Program fran July 1, 1984 through June 30, 1985 to accarplish the objectives stated above. NOW, RE, BE IT 0 BY THE CMWIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is aue=ized to accept the grant for the City and funds are hereby appropriated for the following purposes: Estiniated Revenue Lccal Tbtal fran Other @ies Match Appropriations ty Diversion Prograin $90,072 $0.00 $90,072 BE IT 0 that two personnel positions are hereby authorized for the daraticn of the grant to be paid fran the grant with the classes of the emloyees to be determined by the City Manager. FIRST READIM: July 2, 1984 SBCOM FEWING: July 9, 1984 Adopted by the Couricil of the City of Virginia Beach on Ninth day Of July -, 1984. APPROVED AS TO CONTENT II.G@A@U PART-EVT- July 9, 1984