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DECEMBER 1, 1998 MINUTESCITY COUNCIL City of Virginia Bcach "WORLD'S LARGE$? RE$O.T cFrY" MA YOR MEYERA E. OB ERNDORF, A t-Large WCE MAYOR WILLIAM D. SESSOMS, JR., At-Large LINWOOD O. BRANCH I11. District 6-Beach MARGARET L. EURE. District I -Centerville WILLIAM W. HARRISON. JR., District 5-l.ynnbaven HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY. District 7-Princess Anne LOUIS R. JONES, District 4-Bayside REBA S. McCLANAN. District 3.Rose Ilall NANCY K. PARKER. At-Large A.M. (DON) WEEKS, District 2-Kempsville JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMCIAAE, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 PItONE: (757) 427-4303 FAX: (757) 426-5669 EMAIL: CTYCNCL~CITY.VIRGIN IA-BEACH.VA.[ December 1, 1998 I. CITY MANAGER'S BRIEFING - Conference Room - 12:NOON LASKIN ROAD CORRIDOR - RESORT ADVISORY COMMISSION James B. Ricketts, Director, Convention and Visitor Development II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend John H. Jordon Retired Pastor C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS November 24, 1998 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. PUBLIC HEARINGS 1. EXCESS CITY REAL ESTATE PROPERTY - Bendix Road 2. ESTABLISHMENT OF SANDBRIDGE TAX INCREMENT FINANCING DISTRICT I. ORDINANCES/RESOLUTION Ordinance re tax increment financing (Tilt) in the Sandbridge Area re beach and shoreline management/restoration. Ordinances to ACCEPT and APPROPRIATE $194,600 from the Federal Emergency Management Agency (FEMA) to the 1998-1999 Operating Budget of the Fire Department; and, estimated federal revenues be increased accordingly: ao $144,600 re activation of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, in response to Hurricane Georges. b. ACCEPT and APPROPRIATE a $50,000 Grant re training materials. Ordinance to APPROPRIATE $10,000 from the Forfeited Asset Sharing Special Revenue Fund to the FY 1998-1999 Operating Budget of the Office of the Commonwealth's Attorney re multi-media projection equipment to enhance the office's law enforcement capability. Resolution re the City's 1999 Legislative Package and to request the City's General Assembly Delegation's support in the 1999 General Assembly. Proposal to revise the scope of the Atlantic Avenue Trolley Lanes project (CIP 9-026) to include the development of the Oceanfront Transportation Management Plan, development of Beach Street USA, construction of necessary traffic control devices for the Atlantic Avenue Trolley Lanes; and, authorize funding for related activities. 6. License Refunds - $12,189.07 APPOINTMENTS COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS HISTORICAL REVIEW BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT CITY COUNCIL DECEMBER SCHEDULE December 1, 1998 - 2:00 PM December 8, 1998 - 2:00 PM December 15, 1998 - 2:00 PM If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 11/24/98BAP AGENDA\12\01\98. www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 1, 1998 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re LASKIN ROAD CORRIDOR- RESOR TAD VISOR Y COMMISSION in the Council Conference Room, City Hall Building, on December 1, 1998, at 12:00 NOON. Council Members Present: Linwood O. Branch, III, HaroM Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms Margaret L. Eure William W. Harrison, Jr Barbara M. Henley [OUT OF TOWN WACHOVIA BANK MEETINGJ [MEDICAL TESTSJ [ENTERED: 12:15 P.M.]. [ENTERED: 12.'08 P.M.] -2- CITY MANAGER'S BRIEFING LASKIN ROAD CORRIDOR - RESORT AREA COMMISSION 12:00 NOON ITEM # 4434 7 James B. Ricketts, Director, Convention and Visitor Development, advised, on August 26, 1998, Cheyney Cole, Chair of the Resort Advisory Commission, distributed copies of the Resort Advisory Commission's Seven Point Action Plan for the Laskin Road Corridor to the Ocean Gateway. This recommendation was the culmination of a year of work to develop the concept of the Gateway. In September, the City Council received a package from tL4C which included the action plan, as well as the Laskin Road Ocean Gateway Concept Plan encompassing graphic illustrations. Mr. Ricketts introduced Timothy Barrow, Member, Resort Advisory Commission. Timothy Barrow advised RA C has been working with a number of interest groups, property owners and civic leagues relative this concept and has presented the program in many different venues. There have been many amendments to the Laskin Road Corridor Plan which have been developed in response to the comments and suggestions from these presentations. This Corridor basically represents the Laskin Road approach to the Resort, the North End residential community and that section along Laskin Road essentially from the location of the Theater and Shopping Complex into the Resort area. This Corridor was identified by the Urban Land Institute in 1985, as the resort area as the point of merger between the high end residential retail market and the tourist market. ULI believed it represented a point where the City has the opportunity to create a "Resort Retail Main Street" that could serve both of those markets and would be in walking distance of the Oceanfront and the 2.5-MILLION plus tourists. Laskin Road actually enters across a wetland marsh. ULI also identified a number of problems. These were exemplified by slides. The Thirty-first Street Corridor, entering the Resort area, is five lanes of traffic constricted in a 60-foot right of way, two lanes of parking on either side, overhead wires and overhanging signs. This is the image presented to the millions of visitors and the high tax-paying residents in the City. Some of the shops, (i.e. Ragged Robin) on this corridor have continued in an environment that is extremely unfriendly. Mr. Barrow displayed a slide reflecting the corner of Arctic and 30th Street. These slides displayed the reality of the existing situation. There are several factors now which make it an opportune time to establish a strategy of the method to approach this district. Mr. Barrow advised the critical policy points: Harris Teeter's purchase of the 15 acres in the Corridor, which represents a major initiative. VDOT's initiation of the planning for Laskin Road improvements. Availability of financing for Resort related commercial and hotel development. City was successful in securing funding from ISTEA for the Ocean Walkway/bikeway/pedestrian link between the boardwalk and the Contemporary Art Museum. Decision by the Development Authority to seek bids for 31~ Street property at the end of this Corridor. This represented the opportunity to develop an anchor proposal for this entire Laskin Corridor on the ocean end. The Boardwalk and Seawall improvements are undergoing. If the City has an opportunity to initiate the Laskin Road Corridor Plan ahead of time, this may affect the method of designing that section of the Seawall project to assure the proper location of the access points and size of the overlooks. Therefore, funds will not be over expended. Mr. Barrow advised the Basic Components: Recreate the sense of entry (gateway) into the Resort Area. Establish Laskin Road as a parkway type of approach. Recreate the idea of crossing a causeway or bridge entry into the Resort. A wooden bridge is proposed This would be a way to look out over Beach Garden Park. It has been requested that the basin be re-excavated to open up the water on the left hand side to expand the marina and other operations. This would re- establish the national drainage way and significantly improve the existing pollution and drainage problems on the south side of Laskin Road. -3- CITY MANAGER'S BRIEFING LASKIN ROAD CORRIDOR - RESORT AREA COMMISSION ITEM # 44347 (Continued) The City is attempting to handle all the traffic in this 60-foot right-of-way, as well as the parking needs. This is an extremely difficult task to open an alternative route, not a one-way. A connection at the western edge of the existing Farm Fresh parking lot, skirting the edge of the wetland, has been suggested. One would have the opportunity to bear off to the right, go on to 3t7h Street, make the connection and be able to drive up to Pacific. This would provide an opportunity to split the traffic. Based on consultations with traffic participants, this will reduce the street sections on 31,t Street from 5-lanes to 3-lanes and have a 3-lane section on 3t7~ Street. This would potentially free an area on either side along 31~' Street, an opportunity to create a 14-foot to 20-foot wide sidewalk pedestrian space with lighting, landscaping and other amenities. The merchants wish to retain a front door parking opportunity. If designed well, this is the optimum practical solution. It has been suggested to retain 45 degree angular parking. There would have to be with the cooperation of each of the owners along the Corridor and a 20-foot easement would have to be granted on either side in order for the streetscape improvements to be accomplished. An illustration of Ocean Walk as it skirts the residential neighborhood and the wetland areas and the connection to 30th Street (Farm Fresh area) with the pedestrian environment was displayed. Ocean Walk would follow the wetland area and cross the marsh and then follow 30th Street all the way down to the Boardwalk and Oceanfront. The point at which the commercial Resort area transitions to the neighborhood should be established. A portion of this should involve a narrowing of the streets, in some cases, an actual closure. This would have clearly identified entries with an opportunity for landscaping and distinctive change in character of the roadways at those points. IL,lC has suggested part of that transition should be funded through the TGIF. The Cherry Motel block (between 317~ and 29th and Arctic and Pacific) represents an opportunity to create a mixed use/residential area with commercial development and public parking as a component of this mixed use development. There is an opportunity for shops to be developed on the ground floor with condos above them and 2- level parking interior. The block between Pacific and Atlantic (29'h and 30th) was suggested to be the best location for a major parking structure that wouid serve the beach users, the 31~ Street corridor and the new 31~ Street park proposal. The illustration represents the idea of an overhead connection between the parking structure with a retail and entertainment block between Pacific, Atlantic, 30'~ and 31st. The same approach would be taken to link the entertainment block to the proposed Gateway Hotel. The entire area wrapping around the new Gateway Hotel should be developed as a unified design concept. The hotel would be located in a park environment surrounded by attractive, well planned pedestrian access on both 3t7~ Street and 3 Pt Street. A major green space will be introduced at the end of the 31~' Street corridor accented by a water sculpture fountain at the access on the Boardwalk. Mr. Barrow reiterated suggestions in the 7 Point Action Plan: Adopt broad vision of the Plan as a policy guide for both public and private decision making Specific proposals for studies to develop the concepts into firm plans which can be budgeted. Follow-up improvements (i.e. completion of Harris Teeter streetscape environment) to exemplify this as a prototype in this area for other development, December 1, 1998 -4- CITY MANAGER'S BRIEFING LASKIN ROAD CORRIDOR - RESORT AREA COMMISSION ITEM # 4434 7 (Continued) This Plan had been presented earlier in the year at a joint meeting of the Resort Area Leadership, Restaurant Association, Hotel/Motel Association, and Retail Merchants. The RA C has also met with groups of individuals and tenants with a number of changes being made. Last week, the RAC had a briefing with the Old Beach neighborhood and presented information to Linkhorn Park. The City Manager advised the next step would entail the adoption by City Council of the Concept Plan, which can be scheduled for a future agenda if City Council concurs. December 1, 1998 CITY -5- COUNCIL COMMENTS 12:55 P.M. ITEM tl 44348 Council Lady Parker referenced the invitation to attend a Briefing at TRT/PENTRAN, Saturday, December 12, 1998, at 2:00 P.M. Council Lady McClanan advised during the Holiday Season she would be unable to attend. The invitation sounded like a "demand". She would prefer to be more informed prior to a meeting and is assuming TRT/PENTRAN will be visiting with the City Council at a future date. Councilman Weeks advised he, the City Manager, Dale Castellow, and TRT Board Members, will be meeting with TRT/PENTRAN on December 17, 1998. The City Manager advised a number of questions have been developed. TRT will also be visiting the 7 cities after the first of the year to make individual presentations relative the merger. Therefore, he was not certain of the purpose for the Saturday morning meeting. Council Lady Parker referenced the KPMG study on Financial Policy concepts for the TRT/PENTRAN merger and if the City Managers all approved this report. The City Manager advised the managers all agreed with the findings of the independent consultant. There were a number of questions regarding the method of how the mechanics of the merger could occur, particularly regarding some of the issues around working capital, the labor contracts and those kinds of issues that had been difficult points in the merger negotiations a year or so ago. The City Managers of the respective localities were requested to work with the Consultant to determine an approach, at least from an administrative standpoint, which they believed sound. An analysis will be prepared and presented to City Council after the first of the year. The City Manager advised there will be minimal savings with the merger. Michael Townes and Kevin Kimball, in their presentations last year, had each stated if there were savings, they would be small. Council Lady Henley advised one of the items faxed less than 48 hours prior to the last TRT meeting, with not sufficient time for review, was to hire a lobbyist which would be paid for by TRT in an amount up to $50,000, and $20,000 by PENTRAN. They would lobby this coming General Assembly Session and also locally elected officials. She and Councilman Weeks did object to the scope of the work, as they did not believe it right to lobby locally elected officials. Council Lady Henley advised the very first analysis was in 1995, the TAF report, and others since then have indicated that when the two union contracts merge, they tend to "merge up" relative salaries. This is something that cannot be quantified and has not been. This will occur also with the non-union positions. The pay scales have not been developed for the merged organization. Council Lady Henley doubts anyone is going to take a pay cut. This has not been factored. Councilman Heischober advised in one of the reports Peat Marwick has devised a methodology of taking the negative equity on the north side and merging it with the positive equity on the south side with a redistribution of funds to equal the playing field. If that merger goes through that which has created a negative equity on the north side indicates that part of the operation is going to affect the ongoingfinancing of the merger, if the merger happens. Councilman Heischober did not think Peat Marwick has gone far enough in their studies to explain how the apparent inequity of the operation on the north side and the south side can, in fact, work. Councilman Jones concurred with Councilman Heischober and was concerned relative the operational deficit from the other side may or may not have come about as a result of management on the other side. Councilman Jones said the new operation is obviously going to have the same manager that was creating the deficit on the other side. Is the new entity going to adopt policies that an operational activity, which created a deficit on the other side ends up with a deficit in the overall operation as a result of that? The City Manager stated: "No ". There are recommended policies. All of these questions will be examined. Mayor Oberndorf requested two to three hours for a Briefing reference TRT/PENTR,4N, so that every question may surface and be scored thoroughly. December 1, 1998 -6- CITY COUNCIL COMMENTS ITEM # 44349 Councilman Harrison advised he was contacted by Richard Welton, Executive Director - Coastal Conservation Association of Virginia, who requested the City Council's support for the inclusion of Virginia's ocean waters in the salt water license program. The Northampton County Board of Supervisors on November 18, 1998, ADOPTED a similar resolution supporting the inclusion of their seaside waters in the license program. Councilman Harrison advised a list of benefits accompanied the request. The funds raised from the salt water license is used for education and other programs like the Virginia Salt Water Fishing Tournament. As per request of Mayor Oberndorf, copies of the correspondence will be distributed to City Council. ITEM # 44350 Councilman Branch referenced his appointment to the Governor's Commission on Local School Funding, which met for the third and final time yesterday, November 30, 1998, with the conclusion the recent dissemination of funding has resolved the issue and the Commission has now terminated. ITEM # 44351 Mayor Oberndorf reminded the City Council of the arrival of the first F/A 18 squadron in Hanger 111 at Oceana Naval Air Station on Friday, December 4, 1998, at 2:00 P.M. All members of City Council are invited. ITEM # 44352 Mayor Oberndorf referenced correspondence from Thomas E. Yeager, Commissioner - Colonial Athletic Association, expressing appreciation to the Mayor, City Council and City staff, particularly the Department of Convention and Visitor Development, for their efforts in hosting the 1998 CAA Men's and Women's Soccer Championships at Virginia Beach's SportsPlex. The teams and fans enjoyed playing in the magnificent facility. Souvenir T-Shirts from a special Kansas City restaurant saying "We choke our own chickens ", and the CAA soccer championships were forwarded to the Mayor. December 1, 1998 -7- AGENDA RE VIE W SESSION 1:20 P.M. ITEM # 44353 PUBLIC HEARING H. 1. EXCESS CITY REAL ESTATE PROPERTY- Bendix Road The City Manager advised receipt of information which he needs to discuss with City Council during the Executive Session. ITEM # 44354 I. 1. Ordinance re tax increment financing (TIF) in the Sandbridge Area re beach and shoreline management/restoration. Council Lady Henley advised several speakers are registered to speak relative this item. Council Lady McClanan expressed concerns relative the map and the possibility of deferring this item. Council Lady Henley advised it must be voted upon during this calender year. ITEM # 44355 1.5. Proposal to revise the scope of the Atlantic Avenue Trolley Lanes project (CIP 9-026) to include the development of the Oceanfront Transportation Management Plan, development of Beach Street USA, construction of necessary traffic control devices for the Atlantic Avenue Trolley Lanes; and, authorize funding for related activities. Council Lady Parker and Council Lady McClanan had concerns and wished this item discussed during the Formal Session. ITEM # 44356 BY CONSENSUS, the following items shah compose the CONSENT AGENDA: ORDINANCES/RESOL UTION Ordinances to ACCEPT and APPROPRIATE $194, 600 from the Federal Emergency Management Agency (FEMA) to the 1998-1999 Operating Budget of the Fire Department; and, estimated federal revenues be increased accordingly: $144,600 re activation of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, in response to Hurricane Georges. b. $50,000 Grant re training materials. 1.3. Ordinance to APPROPRIATE $1 O, O00 from the Forfeited Asset Sharing Special Revenue Fund to the FY 1998-1999 Operating Budget of the Office of the Commonwealth 'S Attorney re multi- media projection equipment to enhance the office's law enforcement capability. Resolution re the City's 1999 Legislative Package and to request the City's General Assembly Delegation's support in the 1999 General Assembly. 1.6. License Refunds of $12,189.07 December 1, 1998 -8- ITEM # 44357 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, December 1, 1998, at 1:22 P.M. Council Members Present: Linwood O. Branch, III, William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K. Parker, Reba S. McClanan, Mayor Meyera E. Oberndorf and A. M. "Don" Weeks Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 -9- ITEM # 44358 Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Boards and Commissions: Community Services Board Francis Land House Board of Governors Historical Review Board Pendleton Project Management Board Tidewater Transportation District Commission PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Agricultural Reserve Program - Princess Anne District Bendix Road Encroachment - Hurricane Protection Project False Cape Lodge Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9~0 Council Members Voting Aye: Linwood O. Branch, III, William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 -lO- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 1, 1998 2:15 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 1, 1998, at 2:15 P.M. Council Members Present: Linwood O. Branch, III, William W. Harrison, ,Ir., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, ,Ir. Margaret L. Eure [OUT OF TOWN WACHOVIA BANK MEETING ] [MEDICAL TESTS] INVOCATION: Reverend John H. Jordan Retired Pastor and, Councilman Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 1, 1998 Item -1! - CERTIFICATION OF EXECUTIVE SESSION ITEM # 44359 Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, William D. Sessoms, Jr. Margaret L. Eure and Vice Mayor December 1, 1998 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 44358, Page 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ru~h~Hodges Srn~th, CMC/AAE City Clerk December 1, 1998 Item V-F. 1. - 12- MINUTES ITEM # 44360 Upon motion by Councilman Harrison, seconded by Councilman Weeks, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 24, 1998. Voting: 8-0 Council Members Voting Aye: William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, William D. Sessoms, Jr. Margaret L. Eure and Vice Mayor December 1, 1998 Item Y-G. .4GEND.4 FOR FORMAL SESSION ~ 13- ITEM # 44361 BY CONSENSUS, City Council ADOPTED: .4GENDA FOR THE FORMAL SESSION December 1, 1998 Item VoH. -14- PUBLIC HEARING ITEM # 44362 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS CITY REAL ESTATE PROPERTY- Bendix Road There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 1, 1998 Item V-H. - I5- PUBLIC HEARING ITEM # 44363 Mayor Oberndorf DECLARED A PUBLIC HEARING: ESTABLISHMENT OF SANDBRIDGE TAX INCREMENT FINANCING DISTRICT Tire following registered to speak: Fred Greene, $16 Teal Crescent, Phone: 426~6867, President Sandbridge Beach Civic League registered in SUPPORT. David Kelly, 2996 Sand Bend Road, Phone: 721-2299, expressed concerns and suggested amendments to the map and Ordinance. Maxine C. Graham, 3057 South Sandpiper Road, Phone: 721-3000, spoke in SUPPORTbut suggested amendments encompassing a sunset clause and eliminate all of the surcharges i.e. TGIF, flat tax, etc. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING December !, 1998 Item V-L -16- ORDINANCES/RESOL UTION ITEM # 44364 Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council APPROVED IN ONE MOTION, Ordinances 2, 3, 4 and 6 of the CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 -17- Item V-L1. ORDINANCES ITEM it 44365 Upon motion by Council Lady Henley, seconded by Councilman Weeks, City Council ADOPTED, AS AMENDED*: Ordinance re tax increment financing (TIF) in the Sandbridge Area re beach and shoreline management/restoration *On line 8, after the word "purposes ", the words: "including but not limited to "shall be removed and the word "in" substituted. The small "(a)" shall be deleted, with the language remaining: "constructing, maintaining, replenishing and restoring the public beach and shoreline in the Sandbridge area "; the rest of the paragraph shall be struck "(b)" and "(c) ". On Paragraph 3, page 2, commencing with line 49, the verbiage shall be added after the words "commitments incurred by the City": "to construct, maintain, replenish, restore the public beach and shoreline in the Sandbridge District,.." Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 AN ORDINANCE TO ADOPT TAX INCREMENT FINANCING IN THE SANDBRIDGE AREA OF THE CITY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City of Virginia Beach (the "City") desires to undertake a program of beach and shoreline management and restoration projects and related programs on the Atlantic Ocean in the Sandbridge area of the City to achieve certain important public purposes in constructing, maintaining, replenishing and restoring the public beach and shoreline in the Sandbridge area; WHEREAS, as part of the undertaking of such programs, the Council of the City (the ~Council") desires to provide for all or part of the financing associated with beach and shoreline management and restoration projects in Sandbridge (the ~Project") and such other public investment which is consistent with the public purposes listed above by establishing a tax increment financing district and to be able to enter into future development project cost commitments that will be secured by tax increment revenues derived from such district; WHEREAS, pursuant to Section 58.1-3245.4:1 of the Code of Virginia of 1950 (the "Virginia Code"), such development project cost commitments shall not be subject to the annual debt limitations set forth in the City Charter; and WHEREAS, the Council held a public hearing on December 1, 1998, on the establishment of the tax increment financing district after notice as provided by Section 58.1-3245.2(B) of the Virginia Code; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That pursuant to Section 58.1-3245 et seq., of the Virginia Code, a development project area (as defined in Section 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 58.1-3245) known as the Sandbridge District (the ~District") is hereby created and designated as such. The boundaries of the District shall be the same as the boundaries of the Sandbridge Special Service District, as defined at Section 35.1-3 of the Code of the City of Virginia Beach and depicted on the map entitled ~Sandbridge" dated June 17, 1994, and recorded in Map Book 240, Pages 81-84; 2. That the Real Estate Assessor, the assessing officer of the City, is directed, pursuant to Section 58.1-3245.2 (A) (1) of the Virginia Code, to record in the land book for FY 99 and all succeeding years the base assessed value and the current assessed value (each as defined in Section 58.1-3245 of the Virginia Code) of the real estate within the District; 3. That to secure any future development project cost commitments incurred by the City to construct, maintain, replenish and restore the public beach and shoreline in the Sandbridge District, the Director of Finance of the City is directed to allocate and pay the amount by which current assessed value of the real estate within the District exceeds the base assessed value thereof times the current citywide real estate tax rate (the ~Tax Increment Revenues") into a special fund entitled ~Sandbridge Tax Increment Financing Fund" (the "Fund"), which is hereby authorized to be created; 4. That the City Clerk is directed to send a copy of this ordinance to the Real Estate Assessor and the Director of Finance of the City, along with any other material required by Section 58.1-3245.3 of the Virginia Code; 5. The City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general 6O 61 62 63 64 65 66 67 public during normal business hours at the City Clerk's office from the date of adoption hereof; 6. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to file immediately a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach; and 7. That this ordinance shall be in full force and effect on December 1, 1998. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 day of December , 1998. CA-7199 ORDIN~NONCODE~SANDBRIG.ORD DECEMBER 1, 1998 R4 N Denotes Residential Property !~:~ii?~!ii Denotes City Owned Property ~ Denotes Commercial Property · -,. Denotes Sandbrid§e Tax Increment Financing District Atlantic Ocean Item V-I.2. -18- ORDINANCES/RESOLUTION ITEM # 44566 Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE $194,600 from the Federal Emergency Management Agency (FEMA) to the 1998-1999 Operating Budget of the Fire Department; and, estimated federal revenues be increased accordingly: a. $144,600 re activation of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, in response to Hurricane Georges. b. $50,000 Grant re training materials Voting: 9-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO ACCEPT AND APPROPRIATE $144,600 IN ADDITIONAL REVENUES PROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE DEPARTMENT'S FY 1998-99 OPERATING BUDGET AS REIMBURSEMENT FOR EXPENSES RELATED TO THE ACTIVATION OF THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK FORCE NO. 2, IN RESPONSE TO HURRICANE GEORGES WHEREAS, in September 1998, Hurricane Georges struck the central Carribean and caused considerable property damage; WHEREAS, on September 25, 1998, the Federal Emergency Management Agency activated the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, comprised of personnel from the City of Virginia Beach, as well as from across the Hampton Roads Region; WHEREAS, the Federal Emergency Management Agency subsequently deactivated the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2 due to the lack of identifiable search and rescue missions; WHEREAS, the Virginia Task Force still incurred costs for personnel, equipment, and administrative expenses; and WHEREAS, under federal law and the agreement between FEMA and the City, which establishes the City as the fiscal agent for the regional FEMA Team, all costs associated with the actual deployment and/or activation of the team, including personnel costs and consumed supplies and equipment, as well as the cost of equipment necessary to bring the team up to FEMA approved standards, are fully reimbursable from FEMA. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That additional revenues in the amount of $144,600 are hereby 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 55 accepted from the Federal Emergency Management Agency and appropriated in the Fire Department's FY 1998-99 Operating Budget for all costs incurred with the activation of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, as a result of Hurricane Georges. BE IT FURTHER ORDAINED: That estimated Federal revenues in the Fire Department's FY 1998-99 Operating Budget are hereby increased by $144,600. Requires an affirmative vote by a majority of the members of City Council. Adopted by the Council of the City Virginia, on the 1st day of December, 1998. of Virginia Beach, CA-7195 DATA/ORDIN/NONCODE/URBSEARCH DATE PREPARED: November 16, 1998 R1 APPROVED AS TO CONTENT: Walter C. Kraeme~ Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 1 2 3 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $50,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FY 1998-99 OPERATING BUDGET OF FIRE DEPARTMENT FOR THE DEVELOPMENT OF TRAINING MATERIALS WHEREAS, the Federal Emergency Management Agency (FEMA) 14 provides grants to eligible organizations to produce training 15 materials for emergency responders across the country; 16 17 WHEREAS, the City's Fire Department has historically developed training materials for FEMA and is one of the few 18 departments in the country that has the ability to develop these 19 types of training materials; 2O 21 22 WHEREAS, FEMA will provide a grant in the amount of $50,000 to the City in return for the production of six (6) thirty- minute training videos; and 23 WHEREAS, the production costs will be $19,000, with the 24 25 remaining funds to be used to improve internal video production capabilities. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 29 30 31 32 That a grant in the amount of $50,000 is hereby accepted from the Federal Emergency Management Agency and appropriated to the FY 1998-99 Operating Budget of the Virginia Beach Fire Department for the development of training videos; BE IT FURTHER ORDAINED: 33 34 35 That estimated Federal revenues in the Fire Department's FY 1998-99 Operating Budget are hereby increased by $50,000. Requires an affirmative vote by a majority of the members of 36 City Council. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Adopted the 1 day of Decem?e~998, by the Council of the City of Virginia Beach, Virginia. APPROVED AS TO CONTENT ~alter C. Kraemer ~ Department: of Mana~tement Services APPROVED AS TO LEGAL SUF F I C I ENCY Department of Law CA-7194 DATA/ORDIN/NONCODE/firevid.ORD DATE PREPARED: November 21, 1998 R1 Item VJ. 3. -19- ORDINANCES/RESOLUTION ITEM # 44367 Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED: Ordinance to APPROPRIA TE $10, OOO from the Forfeited Asset Sharing Special Revenue Fund to the FY 1998-1999 Operating Budget of the Office of the Commonwealth's Attorney re multi-media projection equipment to enhance the office's law enforcement capability. Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William D. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 1 2 3 5 6 AN ORDINANCE TO APPROPRIATE $10,000 OF FUND BALANCE IN THE FORFEITED ASSET SHARING SPECIAL REVENUE FUND TO THE FY 1998-99 OPERATING BUDGET OF THE OFFICE OF THE COMMONWEALTH'S ATTORNEY FOR EQUIPMENT USED FOR COURTROOM PRESENTATIONS 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 WHEREAS, the Office of the Commonwealth's Attorney shares drug forfeiture money with local and federal law enforcement agencies; WHEREAS, drug forfeiture funds, once appropriated, may be used for equipment to enhance the law enforcement capability of the Commonwealth's Attorney Office; WHEREAS, the Commonwealth Attorney's Office requires an additional multi-media projection unit, along with related equipment, for courtroom presentations; and WHEREAS, sufficient funds are available to be appropriated from the fund balance of the Forfeited Asset Sharing Special Revenue Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $10,000 be appropriated from fund balance of the Forfeited Asset Sharing Special Revenue Fund to the FY 1998-99 Operating Budget of the Office of the Commonwealth's Attorney for multi-media projection equipment to enhance the office's law enforcement capability. 26 27 28 29 30 Requires an affirmative vote by a majority of the members of City Council. Adopted by the Council of the City of Virginia Beach, First December Virginia, on the day of , 1998. 31 32 33 34 CA-7196 G:~DATA\ORDIN~NONCODE~EQUID.ORD DATE PREPARED: November 16, 1998 R2 ~ro~d as~ontent A~proved as ~o %.~ga± Sufficiency Item V-I. 4. ~ 20 - ORD INAN CES/RES O L UTI ON ITEM # 44368 Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED: Resolution re the City's 1999 Legislative Package and to request the City's General Assembly Delegation's support in the 1999 General Assembly. Council Lady Henley referenced the proposed legislative priorities for the Transportation Districts, which are not included in the Legislative Package, but need to be discussed in order for the City's General Assembly representatives to be aware of City Council's thoughts concerning these proposals. Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 1 2 3 4 5 6 A RESOLUTION ADOPTING THE CITY'S 1999 LEGISLATIVE PACKAGE AND REQUESTING MEMBERS OF THE CITY'S LOCAL DELEGATION TO THE GENEP~AL ASSEMBLY TO SPONSOR AND/OR SUPPORT LEGISLATION THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES SET FORTH THEREIN 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 WHEREAS, City Council traditionally adopts a package of legislative goals and objectives of the City and requests members of the City's local delegation to the General Assembly to sponsor and/or support legislation to carry out these goals and objectives; and WHEREAS, the City Council has considered a number of goals and objectives for inclusion in the City's 1999 Legislative Package. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby adopts the City's 1999 Legislative Package, a copy of which is attached hereto as Exhibit A and is hereby incorporated by reference; BE IF FURTHER RESOLVED: That the members of the City's local delegation to the General Assembly are hereby requested to sponsor and/or support legislation in the 1999 Session of the General Assembly that would carry out the goals and objectives of the City as set forth in its Legislative Package; and BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to transmit a copy of this Resolution to each member of the City's local delegation to the General Assembly. 29 3O Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of December, 1998. 31 32 33 34 CA-7187 G: ~DATA~ORDIN\NONCODE~LEGI SPKG. RES R-1 PREPARED: 11/23/98 35 36 37 38 39 APPROVED AS TO CONTENT: City Manager's Office APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office EXHIBIT CITY OF VIRGINIA BEACH 1999 GENERAL ASSEMBLY LEGISLATIVE PACKAGE December 1, 1998 TABLE OF CONTENTS I. The Legislative Agenda of the Hampton Roads Mayors & Chairs Caucus as Endorsed by the Council of the City of Virginia Beach II. Partnership Between City Council of Virginia Beach and the General Assembly Delegation III. Unfunded Manciates or Mandates that are the Unintended Consequence of Otherwise Well-Meaning Legislation IV. State Funding for School Infrastructure V. Funding Educational Technology VI. VII. Funding the Virginia Housing Partnership Fund Funding for a Demonstration Drug Court Program VIII. Support for Juvenile Detention Homes IX. Transportation Funding XI. XII. XIII. Funding for the Virginia Marine Science Museum Funding for Beach Replenishment Through the Public Beach Board Funding for the Hurricane Protection Project Full Funding for the State Aid to Libraries XIV. XV. Funding for the State Health Department Funding for the Contemporary Art Center of Virginia XVI. Open Space Funding XVII. Curb Ramps XVIII. Eluding Police or Disregarding Signal by Law-Enforcement Officer to Stop XIX. Definition of "Family or Household Member" in State Code § 18.2- 57.2 LEGISLATIVE ISSUES THE LEGISLATIVE AGENDA OF THE HAMPTON ROADS MAYORS AND CHAIRS CAUCUS AS ENDORSED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH 1. Education Funding The Caucus applauds the General Assembly's recognition that the Commonwealth should share with its local governments the capital costs of school construction and renovation. Important first steps were taken during the 1998 session. The Caucus urges the General Assembly to increase this funding amount and seek ways to establish this funding as a permanent, reliable source of assistance to localities. While additional classroom teachers are important, the Caucus urges the General Assembly to place capital funding as a higher priority than additional teachers, for whom many localities have neither the space nor the required funding match. The Caucus would also highlight that the State's share of SOQ funding needs to be increased, recognizing that in addition to providing its required match, every Virginia locality but one contributes additional funds for public education. 2. 599 Funding The Caucus urges members of the General Assembly to view local governments as partners in the provision of needed services to common constituents. An important statement of this mutual trust and responsibility would be to fully fund the "599" program. 3. Commission on the Condition and Future of Virginia's Cities The Caucus supports the continuing efforts of the Commission on the Condition and Future of Virginia's Cities. The Caucus believes the fiscal problems confronting Virginia's cities are confronting counties as well. The Caucus recommends serious consideration be given to returning an additional one-half percent of the sales and use tax to localities as a long-term solution to redressing the revenue imbalance that currently exists between Virginia's local governments and -the Commonwealth. All local governments are greatly appreciative of Governor Gilmore's proposal of November 17 to redirect substantial state revenues back to localities for education and law enforcement purposes. We will work with our delegation to insure that his proposals become law. However, we are still concerned about the inequities in local and state responsibilities compared to the revenue-raising tools available to each of the levels of government. The problems facing local governments have been growing for many years. Long-term solutions are necessary. II. III. IV. Ve PARTNERSHIP BETWEEN CITY COUNCIL OF VIRGINIA BEACH AND THE GENERAL ASSEMBLY DELEGATION City Council continues to believe that the best results for our citizens and taxpayers is achieved through a collaborative partnership between state and local government. In that regard, the Council requests that the General Assembly Delegation from Virginia Beach fully consider all impacts on the City of any legislation they plan to introduce. Council understands it cannot control legislation to be introduced by the delegation; however, legislation in the past has been introduced that has had potentially serious effects on the City for which the Council had no prior consultation or opportunity to comment. UNFUNDED MANDATES OR MANDATES THAT ARE THE UNINTENDED CONSEQUENCE OF OTHERWISE WELL-MEANING LEGISLATION Although the General Assembly has been exemplary in the recent years in not adopting legislation that created mandates on local governments, there still have been unintended consequences of otherwise well-meaning legislation that has produced cost mandates on local government. Items such as the provision of 4,000 additional teachers statewide, the reduction of class sizes, or increased teacher's salaries have significant financial consequences for local governments. Although we appreciate the effort to reduce class size, local government, including Virginia Beach, would still be required to pay the local share of the salaries of such additional teachers, and perhaps more importantly be required to provide for new classrooms for such teachers. At an average cost of at lea st $100,000 per classroom, these changes have a substantial impact on the City of Virginia Beach and all other localities since the state provides extremely limited funds for school construction. STATE FUNDING FOR SCHOOL INFRASTRUCTURE The City is grateful for the General Assembly's recent acknowledgment that state funding of at least a portion of school infrastructure is the Commonwealth's responsibility. However, the $55 million made available per year statewide is but one- sixth of the funds needed just in the City of Virginia Beach. Furthermore, as additional schools built in the 60s, 70s, and 80s age, the renovation needs in Virginia Beach will continue to grow. This problem of aging school facilities is independent of the elimination of portable classrooms and the construction of new schools to meet growth- related needs. REQUEST The General Assembly is requested to expand funding for school infrastructure, with a permanent revenue source of at least $250 million per year statewide. FUNDING EDUCATIONAL TECHNOLOGY The Virginia Beach City Council joins with the School Board in supporting the identification of revenue solely dedicated to the funding of educational technology. These funds must supplement, not supplant, existing funds. To that end, the Virginia Beach City Council supports legislation w. hich provides full funding of the technology requirements of the Virginia Standards of Learning and Standards of Quality, as well as the appropriation of one-time matching state funds~for any locality undertaking a technology initiative. 2 VI. VII. The Virginia Beach City Public Schools division has developed a technology plan which is geared to prepare local students for living and working in the technologically- advanced 21st century. Because of competing demands for limited state and local funds, school divisions have not moved as quickly as possible'into the Information Age. Many students do not have access to integrated learning systems, do not have systematic instruction, and do not have regular access to computers. Many'schools lack the infrastructure to use technology, the funding to upgrade or replace obsolete technology, and the support personnel necessary to keep equipment operational. Many teachers and administrators lack the training necessary to make them effective and efficient teachers and users of technology. School divisions are attempting to cope" with required technology needs. School divisions need funding to move beyond simply providing the requirements so that they can address the issues of connectivity to homes, businesses, and agencies; this connectivity will make education more relevant for students. REQUEST The Virginia Beach City Council supports an increase in the level of educational technology funding to include funding for: professional development in technology for all instructional personnel; replacement of obsolete educational hardware and software; and funding for technology infrastructure. FUNDING THE VIRGINIA HOUSING PARTNERSHIP FUND The Virginia Housing Partnership Fund provides funds for low income families throughout the Commonwealth. The City was receiving approximately $2 million per year through the Partnership, which was cut during the previous administration. REQUEST The General Assembly should restore full funding to the Virginia Housing Partnership in order that this important source of assistance to those who can least afford housing can again be made available. FUNDING FOR A DEMONSTRATION DRUG COURT PROGRAM Several Judges in the General District Court have been providing a Drug Court program for the last year. Drug Court acts as a dispositional alternative that is entered into voluntarily as a plea agreement. The Drug Court provides for a method for those who enter the program to be brought back to the Judge on a routine basis to review their success and to also provide adequate treatment modalities. VIII. IX. REQUEST The General Assembly is requested to provide $250,000 for one year to provide for adequate support personnel to the existing Judges and the General District Court. Funds would provide treatment and other support. SUPPORT FOR JUVENILE DETENTION HOMES By State Code, the Commonwealth is a partner in the construction of Juvenile Detention facilities. The State Code allows up to 50% reimbursement. However, the state is failing to reimburse its fair share of the adtual capital and operating expenses of local detention facilities. The Department of juvenile Justice developed a formula that would allow reimbursement of up to 50%, up to $52,000 per bed. However, the planned Virginia Beach Detention facility beds costs are $166,000 each. The state should change the policy so that it pays 50% of the actual construction costs upon the completion of the approved facility and acceptance by the locality and the state. Also, the state has reduced its reimbursement of operating costs. REQUEST The state should reimburse the actual costs incurred by each jurisdiction rather than using an average for the entire Commonwealth, because the average does not take into account higher-cost areas such as northern and southeastern Virginia. The state's current policy tends to under-compensate jurisdictions in those areas, and overcompensate areas where costs of business is lower. Also, the state should reimburse the localities for every child in the facility. Presently, the state will not provide any reimbursement for operational costs for children above the rated capacity of the facility. The City has no control over how many children are put into the facility by the Judges, and should not be penalized by not being reimbursed for costs actually incurred. TRANSPORTATION FUNDING The transportation system in the Commonwealth is broken. In Virginia Beach, traffic congestion continues to grow, the ability of the City to address that congestior~qs declining, and the quality of life and the movement of people, goods, and services thai' a good transportation system provides is decreasing at a rapid pace. The bi-partisan study commission on Virginia's transportation future identified a shortfall statewide of between $2 and $4 billion per year over the next 20 years. In Hampton Roads, the shortfall exceeds $6 billion, and this does not include a number of high-cost projects such as the third crossing of Hampton Roads. Also, the Commonwealth Transportation Trust Fund, which was established for road construction only, will, in the year 2001, be utilized to maintain our existing roads and bridges. The situation is not sustainable, and if not addressed, will negatively impact our future well-being and competitiveness. The expected windfall of additional federal dollars through the reauthorization of the ISTEA will reduce the shortfall by only five (5) to ten (10) percent per year. REQUEST Substantial increases to the Transportation Trust Fund must be provided as quickly as possible. This should include addressing the shortfall, and also providing for a method to maintain our transportation system through the highway maintenance and operation 4 Xe budget of the Virginia Department of Transportation. Finding a long-term solution now will reduce the need for revenue enhancements and the attendant tough political choices which have been required on such a'regular basis in the last 12 years. FUNDING FOR THE VIRGINIA MARINE SCIENCE MUSEUM The Virginia Marine Science Museum is a public/private facility owned and operated by the City of Virginia Beach in partnership with the Virginia Marine Science Museum Foundation. The museum opened in 1986, and underwent a major expansion in June of 1996 which tripled its size and included one of the country's first IMAX 3D theaters. The museum has attendance of 700,000 per year, which makes it by far the most visited museum in Virginia, and one of the top ten aquaria and marine science museums in the United States in terms of attendance. The museum earns enough revenue to support about 80% of its operating costs, with the remainder coming from contributions and the City of Virginia Beach. The museum's mission is to increase the public's knowledge of Virginia's marine environment. It is a learning laboratory of 122,000 sq. ft. of space, 800,000 gallons of aquaria and over a hundred interactive exhibits. A trip through the museum takes the visitor on a journey of water from the James River to the floor of the Atlantic Ocean through a series of natural habitats which include live river otters, harbor seals, shorebirds, sea turtles, sharks and the world's largest collection of mid-Atlantic fishes. The museum served 80,000 students last year with its on-site programs, and 39,900 more in outreach programs with its mobile Chesapeake Bay marine lab which travels to school systems throughout the state. The museum also operates the Virginia Marine Science Museum Stranding Team which responds to most marine mammals and sea turtles stranded in Virginia waters, and which has become a primary research group for migratory dolphins. Tourism research conducted in 1997 on Virginia Beach visitors by Old Dominion University found that the museum was the most visited tourist attraction in Hampton Roads, and that its visitors spent on average 1.31 nights longer and $383 more per party than did other overnight guests. Additionally, the museum's whale watching trips in January and February have created Virginia Beach's first winter tourist industry. The FY96/97 museum revenues exceeded $6,000,000, on which the museum paid $400,000 in direct state and local taxes. The museum is also estimated to have generated over $4,000,000 in indirect taxes due to increased visitor stays and related expenditures during this same period. On a quantifiable basis, the Virginia Marine Science Museum has a larger impact on the economy .of Virginia, in terms of direct and indirect taxes generated, than the Chrysler Museum'in Norfolk which receives a substantially higher amount of funding support from the Commonwealth. The City believes that the VMSM should be funded on a par with the Chrysler Museum. REQUEST The City is grateful for the $500,000 per year in the biennium appropriation of last year. In addition, the City requests $2 million in capital support for advanced engineering and design work for Phase III of the museum. Phase III will move the museum into the top three in this country of like facilities. XI. FUNDING FOR BEACH 'REPLENISHMENT THROUGH THE PUBLIC BEACH BOARD The General Assembly is requested to fully fund the Public Beach Board so that competitive grants can be made available statewide to localities for public beaches. The Board was established in the early 1980s to provide a way to fund public beaches throughout the Commonwealth. It has been very much under-funded in the last six years. Public beaches are one of the greatest draws for Virginia's tourism economy which, in Virginia Beach alone, provides approximately $30 million a year in direct tax benefits to the Commonwealth. REQUEST The General Assembly is requested to appropriate $1.5 million for the Public Beach Board for the second year of the biennium. XII. FUNDING FOR THE HURRICANE PROTECTION PROJECT The General Assembly is requested to provide $10 million to the City for the Hurricane Protection Project at the resort area in Virginia Beach. This $112 million project received 65 % funding from the federal government that is to be matched with 35 % local funding. REQUEST The City is requesting that the Commonwealth provide $10 million, which represents less than one-third of the City's 35% share of this critical project of statewide significance. XIII. FULL FUNDING FOR STATE AID TO LIBRARIES The General Assembly is requested to provide the second year of a three-year plan for funding of the State Aid to Libraries program begun last year. This would require an increase in state funding of approximately $5,500,000 spread over three years. Virginia Beach's allotment under that new and expanded funding would rise from $278,000 to $382,000. The General Assembly has not fully funded the State Aid formula since 1980. XIV. FUNDING FOR THE STATE HEALTH DEPARTMENT The Commonwealth is requested to fully fund State Aid to the State Health Department. A number of studies over the years have identified an inadequacy of state funding at the local level for the State Health Department. The needs of the Commonwealth have changed with its diversified populatidn and growing localities; however, funding levels have remained nearly static. The Commonwealth needs to provide funding to provide full State Health Department services to all our citizens while making sure that it holds harmless the appropriations to all localities. The provision of health care for low- income working members of our communities is imperative if persons on public assistance are to permanently transition to the workplace where basic employment often does not include health care benefits for the worker or their families. In order to implement SB2I of the 1996 session, $6.7 million of additional funding is needed. This would hold all localities harmless, while providing fair and appropriate funding to the growing localities. XV. FUNDING FOR THE CONTEMPORARY ART CENTER OF VIRGINIA The Contemporary Art Center of Virginia is growing in importance as a center for art education, and the display and promotion of contemporary art. This facility, like the Virginia Marine Science Museum, is emerging as a tool in the City's and the Commonwealth's attempts to bolster tourism, culture, and economic development. REQUEST The General Assembly is requested to provide $250,000 a year in operating funds for the Contemporary Art Center of Virginia. XVIII. OPEN SPACE FUNDING City Council has appointed an Open Space Committee which is tasked with looking at the need for, and funding of, open space north of the "green line." With the success of the Agriculture Reserve Program (ARP) in providing open space in the southern part of the City, the need to provide more open space in the northern part of the City may become a priority for Council. The Open Space Committee recommends that existing funding sources be utilized and that no new taxes be instituted. REQUEST The General Assembly is requested to return to localities the state's share of the grantor tax. This is a fee collected on deeds, etc. which is now split 50/50 between the state and the City. The state share has been averaging approximately $80,000 per month for several years. This would generate approximately $960,000 to $1,000,000 a year that could be returned to Virginia Beach for open space purchase uses. The recordation tax was also examined, however, all the recordation tax is now being returned to localities either indirectly in the form of funding to the Route 58 corridor project, or directly for use for transportation funding. XVII. CURB RAMPS The Virginia Code requires that ramps on curbs in certain streets be constructed in intersections for use by persons with mobility impairments. Virginia Beach receives VDOT road maintenance funds, and any construction must comply with their standards. The wording in the current standard requires a curb ramp "whenever an accessible route within the right of way of a highway facility crosses a curb, regardless of whether a sidewalk is existing, proposed or non-existent." This creates ramps to nowhere. For instance, a road may have a "T" intersection in a residential neighborhood. If the City improves the road, curb ramps must be put on each of the two sides of the tail of the "T," and at least one ramp must be placed on the top of the "T" even though it may be in the middle of someone's front yard. REQUEST The General Assembly is requested to require curb ramps for use by persons with mobility impairments whenever an accessible route crosses the intersection. This new wording will do away with the unneeded ramps to nowhere. The Mayor's Commission on the Handicapped has endorsed this request. 7 XIX. provisions of § 46.2-398. Any license suspension under this section shall be in addition to and shall run consecUtively With any other license suspension, revocation or forfeiture in effect against such person. E. Should the operator of a vehicle elude police prior to being identified, abseut evidence to the contrary, prima facie evidence that the vehicle described ill a summons and/or warrant/affidavit issued pursuant to this section was operated in violation of this section, together with proof that the defendant xvas at the time of such violation the registered owner of the vehicle, shall constitute in evidence a rebuttable presumPtion that such registered owner of the vehicle was the person who committed the violation. However, imposition of a penalty pursuant to this paragraph shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed two- hundred and fifty dollars. Such presumption shall be rebutted if the registered owner of the vehicle testifies in open court under oath that he or she was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified cOpy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged viola tion of this section, is presented, prior to the return date established on the summons and/or warrant issued pursuant to this section, to the court adjudicating the allege violation. For purposes of this paragraph "owner" means the registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section "owner" does not mean a vehicle rental or vehicle leasing company. REQUEST NEW SECTION TO BE ADDED AS FOLLOWS: Sec. 46.2-817.1 Vehicle subject to forfeiture; seizure. -- If the owner of a motor vehicle is convicted of a felony under § 46.2-817 while using such vehicle, the vehicle shall be forfeited to the Commonwealth, subject to the rights of an innocent owner and lien holders. The above requests are in keeping with the Draft of the City's new Police Pursuit Policy. DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" IN STATE CODE § 18.2-57.2 State Code § 18.2-57.2 makes it a Class 1 misdemeanor for a person to commit an assault and battery against a family or household member. However, the definition of "family or household member" does not currently include a minor child who does not reside in the same home with the defendant. Therefore, a person who commits an assault and battery against a minor child wh° does not reside with him or her (e.g., during visitation) cannot be charged with a violation of this section. The inability to charge a person with a violation of this section under these circumstances also removes the ability of the Commonwealth's Attorney to rely on such an offense to obtain the enhanced penalty (Class 6 felony) for a third or subsequent conviction of § 18.2-57.2. For these reasons, it is recommended that the definition of "family or household member" be amended to address this concern. 9 Item V-L$. - 21 - ORDINANCES/RESOL UTION ITEM # 44369 Upon motion by Councilman Branch, seconded by Councilman Weeks, City Council ADOPTED: Proposal to revise the scope of the Atlantic Avenue Trolley Lanes project (CIP 9-026) to include the development of the Oceanfront Transportation Management Plan, development of Beach Street US~I, construction of necessary traffic control devices for the Atlantic Avenue Trolley Lanes; and, authorize funding for related activities. Voting: 8-1 Council Members Voting Aye: Linwood O. Branch, III, William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorfl, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: Reba $. McClanan Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 Item V-L6. - 22 - ORDINANCES/RESOL UTION ITEM ii 443 70 Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council.4PPROVED: License Refunds of $12,189.07 Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William D. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 FORM NO C A 8 REV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID COSTON MARVIN Y CPC SYSTEMS COMPANY CSICSERI ALEXANDER CUTLER J T DA JIM INC DAVENPORT WILLIAM J Ill DAVIS JOHN T IV DELGADO JESSIE N & LISA M DELUCA GARY J DIRECT SUPPLY INC DONALDSON CYNTHIA L E VERNER JOHNSON & ASSOCS INC EBINGER LARRY W EIBAN JOHN M ELIZABETH INSTITUTE OF SEWING EUROFINISH LTD FLAX MONA SCHAPIRO FORMIKA INC FOSNOCHT JOSEPH A FOUNTAINHEAD INCORPORATED FRIEDMAN MATTHEW GAiLLARD MICHELLE M GALLANT JOANNE M GIBBS WAYNE S GOLDEN ANN B GREAT HOMES REMODELING CO GRINWELL DANIEL ERNEST GUMPHREY EDWARD P JR 1998 04/08/98 10.00 0.40 10.40 1998 08/04/98 10.00 0.40 10.40 1998 03/10198 10.00 0.40 19,40 1998 03/10/98 63.40 2.53 65.93 1998 03/10/98 118.00 4.72 122,72 1998 06/10/98 9.45 0.28 9.73 1998 03/13/98 10.00 0.40 10.40 1995-1998 02/18/98 11.36 0.00 11.36 1998 03/16/98 4.00 0.16 4.16 1998 03/10/98 25.11 1.00 26.11 1998 03/18/98 5,00 0.20 5,20 1996-1997 11/03/98 620.18 0.00 620.18 1998 01/07/98 17.00 0,68 17.68 1998 05/18/98 9.00 0.36 9.36 1998 03/10/98 16.02 0,64 16.66 1998 06108198 10.00 0.30 10.30 1998 03/10~98 91.96 3.67 95.63 1998 03/13~98 15.90 0.63 16.53 1995-1998 AUDIT 20.00 0.00 20.00 1998 03~05~98 180.63 7.21 187.84 1998 . 11 ~06~98 16.99 0.00 16.99 1998 01/29/98 11.25 0.45 11.70 1998 01/16/98 10.00 0.40 10.40 1996-1998 AUDIT 44.66 0.00 44.66 1998 03112198 4.33 0.17 4.50 1998 02127198 10.00 0.40 10.40 1998 02/11/98 3.70 0.14 3.84 1998 03/18/98 10.00 0,40 10.40 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $1,393,88 1st 'Phi~ip'J. Kel~a--r~" Commissioner of the Revenue Approved as to form: L'~li6 L. Lilley ~ City Attorney were approved by the Council of the day of December ,19 98 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID H LLOYD & ASSOCIATES INC 1998 03/04/98 HAHN AUTOMOTIVE WHSE I NC 1998 03/12/98 HAROLDS MOVING LTD 1996-1998 AUDIT HAYDE WALTER T 1998 05/01/98 HEALTH FIT OF TIDEWATER INC 1998 05/14/98 JACSNAKS VENDING CO L C 1998 03/03/98 JAUDON PATRICIA B 1998 03/16/98 JEFFERYS MARIA & BOTTS MERCEDES 1998 02/03/98 JLS INC 1998 02/23/98 JOHNSON SONDRA J & LEONARD D 1996-1998 AUDIT IRON AGE CORPORATION 1998 03/13/98 LIEU LE L 1998 04/17/98 LIN R ROGERS ELECTRICAL CONTRACTORS 1998 01/20/98 LINDELLS AUTO REPAIR INC 1998 03/04/98 MAJORS GARY R 1998 03/05/98 MARSHALL MEREDITH INC 1998 03/10/98 MEDICAL CAREERS INSTITUTE LC 1998 02/27198 MERRIMAN DAVID D 1998 07/02/98 NAHL MICHAEL/NEWFIELD NORBERT 1998 01/21/98 NAHL MICHAEL E 1998 01/30/98 NAVAL SUPPLIERS INC 1996-1998 AUDIT NEMASOFT INC 1998 02/23/98 NGUYEN TRUNG T 1998 11/08/98 PATZER PATRICK R 1996-1998 AUDIT PETERSON & PETERSON LTD 1998 01/22/98 PETERSON CHRIS P 1998 05/01/98 RABEY WADE L 1995-1996 04/04/97 RENSLOW DOUGLAS & JODY 1998 04/20/98 50.00 2.00 52.00 145.17 5.80 150.97 30.04 0.00 30.04 10.00 0.40 10.40 69.63 2.76 72.41 10.00 0.40 10.40 10.00 0.40 10.40 19.57 0.78 20.35 26.25 1.05 27.30 1.62 0.00 1.62 10.00 0.40 10.40 10.00 0.40 10.40 6.00 0.24 6.24 75.31 3.01 78.32 10.00 0.40 10,40 40,00 1.60 41.60 48.00 1.92 49.92 1.50 0.03 1.53 2.00 0.22 2.22 14.71 0.58 15.29 2.60 0.00 2.60 7.80 0.31 8.11 2.32 0.00 2.32 1.71 0.00 1.71 50.00 2.00 52.00 20.00 0.80 20.80 32.61 4.56 37.17 10.00 0.40 10.40 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $747.32 First 15h{lip'3. Kella~n~ ~;' Commissioner of the Revenue Approved as to form: ~'~li~L. Liiley - //~.._i~ City Attorney ~ - were approved by the Council of the December 98 day of ,19 Ruth Hodges Smith City Clerk FORMNO CA 8REV 3;88 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID REPRODUCTIVE HEALTH CARE ASSOC RETRAC CORP RIDDICK MARCEILE B RIFFLE WILLIAM E RITE INC ROANE ENTERPRISES INC ROTO ROOTER SERVICES CORP ROY SHIRLEY L S & R HARRISON ENTERPRISES LTD SCHUYLER GUYVANNA P SEA TECH SYSTEMS INC SEACOAST CONSTR FABRICS INC SIMS JOHN W SR SLIZEWSKI A J STAR TRAVEL STARLING SERVICE CO INC STEVENS CARL J SUN BAY CONTRACTING INC SWEENEY MECHANICAL INC T E U INC TAYLOR HOWARD R TFL EAST TRIBLES INC TYSONS TELEPHONE SERVICE INC UNITED CONSOLIDATED INDUSTRIES VA BEACH JET SKI & CYCLE CTR VAB INC VALERIO ANDREA M This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the 1998 02/23/98 10.00 0.40 10.40 1998 02/02/98 42.50 1.70 44.20 1998 03/10/98 10.00 0.40 10.40 1998 01/15/98 5.00 0.20 5.20 1998 01/12/98 10.00 0.40 10.40 1995-1997 AUDIT 43.75 4.37 48.12 1998 02/20/98 25.00 1.00 26.00 1998 11/05/98 2.32 0.00 2.32 1996-1998 AUDIT 146.03 0.00 146.03 1998 05104198 10.00 0.40 10.40 1996-1998 .11/04/98 1,817.91 0.00 1,817.91 1996-1998 AUDIT 199.60 0.00 199.60 1998 02/16/98 22.56 0.90 23.46 1998 01 ~23~98 43.00 1.72 44,72 1998 05/15/98 9.00 0.27 9.27 1998 03/05/98 10.00 0.40 10.40 1998 05/01/98 3.90 0.15 4.05 1998 03/10~98 888.69 35.54 924.23 1996-1998 AUDIT 14.51 0.00 14.51 1996-1998 AUDIT 800.01 0.00 800.01 1996-1997 AUDIT 23.35 0.24 23.59 1998 03/10/98 39.69 1.58 41.27 1998 02/24198 50.00 2.00 52.00 1998 01128198 29.22 1.16 30.38 1998 03/12/98 140.14 5.60 145.74 1996-1998 AUDIT 3,436.10 0.00 3,436.10 1998 02127198 4.43 0.17 4.60 1996~1998 AUDIT 7.00 0.00 7.00 $7,902.31 were First day '~,r~lIcertifi da Dp m n 15hilip 3. K-a~'~h~r~-'' ' Commissioner of the Revenue Approved as to form: h,"~s~e L. Lilley - ~ City Attorney ~ approved by the Council of the of December ,19 98 Ruth Hodges Smith City Clerk FORM NO ¢ A 8 RE~' 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID VENICE ITALIAN RESTAURANT INC VIRGINIA BAKERY & CATERING INC VIRGINIA BEACH NEUROLOGY LTD WALKER WILLIAM R WARNER-BOYD & ASSOCIATES INC WARZENSKI LINDA J WAYE MAI TANI WHITE ROY E WILLIAM T WlNGFIELD INC WINDLAND ROBERT WINN SHERRY LEE WINSTON OF WILLOWS INC ZOLL LYNN A R 1998 05/04/98 7.69 0.30 7.99 1998 07/09/98 10.00 0.20 10,20 1996-1998 AUDIT 1,37 0.00 1,37 1998 03/18/98 10.00 0.40 10.40 1998 02105198 151.51 6.06 157.57 1998 02102198 14.00 0.56 14.50 1998 04120198 5,00 0.20 5.20 1998 03110198 8.75 0.35 9,10 1998 01/22/98 19.24 0.76 20.00 1996-1998 AUDIT 382,53 0.00 382.53 1998 04/13/98 10.00 0.40 10.40 1998 03/10~98 97.00 3.88 100.88 1998 03/11/98 10.00 0.40 10.40 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $740.60 First Phil-ip b.'~'~J~'~' - -- Commissioner of the Revenue Approved as to form: L'%~"s~e ~_. LiJ[e'~ ' City Attorney were approved by the Council of the day of Dece~:)er ,19 98 Ruth Hodges Smith City Clerk FORM NO C A 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTiFiCATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AABLE PLUMBING SERV OF VA INC ACCENTS IN PLUMBING LTD AMERICAN INDUSTRIAL CORP ARCHER DOUGLAS W ARMEL ENTERPRISES INC ARMSTRONG CLEANING ML INC ART SYSTEMS INC ASSOCIATED PAIN MGT SER INC ART HOLDINGS LTD BARNES CYNTHIA JONES & LEON BARR WILLIAM E BARNETT LAURELYN BAY BROTHERS INC BCS ENTERPRISES INC BEISEL ALMA R BELL PROPERTIES LTD BENVENUTO THOMAS W BIENKO SANDRA DEE BING DOROTHY D BLACK BIRD ENTERPRISES INC BROOKS TRANSFER & STORAGE CO BUDD GEORGE L III BURDICK MARY C CALCAGNI MARK CALEVAS JAMES P COLLINS BRADY K COLLINS LOUIS T SR COOPER WATCHWORKS I NC 1998 AUDIT 20.66 0.82 21.48 1998 01/23/98 28.21 1.12 29.33 1998 05/18/98 32.45 0.97 33.42 1998 07129198 3.75 0.07 3.82 1998 04123198 39.48 1.57 41.05 1998 03102198 10.00 0.40 10.40 1998 01/23/98 10.00 0.40 10.40 1998 03106198 118.42 4.73 123.15 1998 02126198 21.77 0.87 22.64 1998 03/16/98 10.00 0.40 10.40 1998 03/16~98 3.20 0.12 3.32 1998 03/11198 4.00 0.16 4.16 1998 04/14~98 10.00 0.40 10.40 1998 01122198 11.97 0.47 12.44 1998 03104198 10.00 0.40 10.40 1998 05~04~98 10.00 0.40 10.40 1998 01/07/98 10.00 0.40 10.40 1998 03/10~98 10.00 0.40 10.40 1998 08/03/98 6.35 0.19 6.54 1998 08103/98 14.84 0.14 14.98 1996-1997 AUDIT 855.74 34.22 889.96 1998 03/t 3/98 5.00 0.20 5.20 1998 03/10/98 10,00 0.40 10.40 1997-1998 11/03198 42.01 42.01 1998 02~23~98 16.08 0.64 16.72 1998 03/04/98 19.75 0.79 20.54 1998 07130198 10.00 0.20 I0.20 1998 02~04~98 10.00 0.40 10.40 This ordinance shall be effective from date 0f adoption. The above abatement(s) totaling City of Virginia Beach on the ~hilip"~. Kel~a'm-- ~ Commissioner of the Revenue Approved as to form: City Attorney ~ $1,404.96 were approved by the Council of the First December 98 day of ,19 Ruth Hodges Smith City Clerk Item V-~.I. - 23 - APPOINTMENTS ITEM # 443 71 B Y CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS TIDEWATER TRANSPORTATION DISTRICT COMMISSION December 1, 1998 Item V-J.2. - 24- APPOINTMENTS ITEM # 443 72 Upon NOMINATION by Councilman Harrison, City Council REAPPOINTED: Roland E. Hargrove, Sr. Elizabeth F. McClane 2-Year Terms 11/1/98 - 10/31/2000 HISTORICAL REVIEW BOARD Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 - 25 - ITEM # 443 73 Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Boards and Commissions: Tidewater Transportation District Commission PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). Encroachment ~ Hurricane Protection Project Upon motion by Councilman Heischober, seconded by Council LadyParker, City Council voted to proceed into EXECUTIVE SESSION (3:35 P.M.) Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 44373, Page 25, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ... Ruth Hodges Smith, CMC/AAE City Clerk December 1, 1998 -26- ITEM # 443 74 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, December 1, 1998, at 5:28 P.M. Council Members Present: Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 Item V-E. -27- CERTIFICATION OF EXECUTIVE SESSION ITEM # 44375 Upon motion by Councilman Harrison, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, Ill, William D. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and Vice Mayor William D. Sessoms, Jr. December 1, 1998 - 28- Item V-M. ADJOURNMENT ITEM # 44376 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:30 P.M. oks, CMC/AAE Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 1, 1998 City of Virginia Bcach ALBERT M. (DON) WEEKS COUNCILMAN - DISTRICT 2 - KEMPSVILLE PHONE: (757) 497-4195 FAX: (757) 426-5669 December 2, 1998 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, VA 23456 Re: Disclosure of Personal Interest Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is "An Ordinance to Adopt Tax Increment Financing in the Sandbridge Area of the City," which was considered and approved by City Council at its meeting of December 1, 1998. The nature of my personal interest is that I own property in the Sandbridge area of the City which has a value exceeding $10,000. The City Attorney has advised me that my participation in City Council's discussion of, and vote on, the ordinance was permissible, that I was not required to disclose this interest. Nevertheless, I wish to disclose this interest and to declare that my participation was fair, objective, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. 250 FAIR MEADOWS ROAD - # 2, VIRGINIA BEACH, VA 23462-1731 Mrs. Ruth Hodges Smith, CMC/AAE 2 December 2, 1998 Thank you for your assistance and cooperation in this matter. Sincerely, Don Weeks Councilmember DW/sat Enclosure G :\U SERS\ST SIOD'T S\W P~WO RK~,W E£K~ .D1 S XVIII. ELUDING POLICE OR DISREGARDING SIGNAL BY LAW-ENFORCEMENT OFFICER TO STOP Severe penalties are needed to deter motorists from choosing to run from the police. Minimal fines offer no incentive for those who are inclined to run to reconsider their actions. National studies indicate that the initiating offense in 60-80% of all pursuits is a minor traffic violation. Utah and Oregon are among the states that have made fleeing from the police a felony, High-speed vehicle pursuits Present an undeniable hazard to both public and officer safety. In 1996, 377 people nationwide Were killed during h igh- speed pursuits. Nearly one-third (111) of these victims were innocent third-parties not involved in the pursuit. Training law-enforcement officers addresses only one-half of the equation. The fleeing motorist is typically the one involved in an accident. Twenty- two percent of pursuits result in an accident with injuries; one percent result in a death. The most common terminating event for a high-speed pursuit is an accident. REQUEST The General Assembly is requested to amend Chapter 8 Regulation of Traffic § 46.2-817 of the State Code as follows: § 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties. A. Any person who, having received a visible or audible signal from any law-' enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal, shall be guilty of a Class 4 Class 3 misdemeanor. B. Any person who, having received a visible or audible signal from any law- enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful or wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger other property or a person, or who increases his speed and attempts to escape or elude such law-enforcement officer, shall be guilty of a Class i m;,~dcmcanor 6 felony. C. If serious bodily injury to another results from a violation of the preceding paragraph, the offender shall be guilty of a Class 6 Class 5 felony. D. When any person is convicted of a misdemeanor under this section, in addition to the other penalties provided in this section, the driver's license of such person may shall be suspended by the court of judge for a period of not less than thirty days nor more than ........... l,,., .........one year. When any person is convicted of a felony under this section, in addition to the other penalties provided in this section, the driver's license of such person shall be suspended by the court or judge for a period of not less than 180 days nor more than one year. However, in any case where the speed of the accused is determined to have exceeded the maximum allowed by ,q~ccn twenty miles per hour '"~ driver's license shall be suspended by the court trying the case for a period of not less than ninety days. In case of conviction and suspension the court or judge shall order the surrender of the license to the court, which shall dispose of it in accordance with the 8 ALBERT M. (DON) WEEKS COUNCILMAN - DISTRICT 2 - KEMPSVILLE City of Virginia Beach December 2, 1998 PHONE: (757) 497-4195 FAX: (757) 426-5669 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, VA 23456 Re: Disclosure of Personal Interest Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is "An Ordinance to Adopt Tax Increment Financing in the Sandbridge Area of the City," which was considered and approved by City Council at its meeting of December 1, 1998. The nature of my personal interest is that I own property in the Sandbridge area of the City which has a value exceeding $10,000. The City Attorney has advised me that my participation in City Council's discussion of, and vote on, the ordinance was permissible, that I was not required to disclose this interest. Nevertheless, ! wish to disclose this interest and to declare that my participation was fair, objective, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. 250 FAIR MEADOWS ROAD - # 2, VIRGINIA BEACH, VA 23462-1731 Mrs. Ruth Hodges Smith, CMC/AAE 2 December 2, 1998 Thank you for your assistance and cooperation in this matter. Sincerely, Don Weeks Councilmember DW/sat Enclosure G:\USERS\STSIOUTS\WP~WORK\WEEI~.DI$