NOVEMBER 1, 1994 MINUTES
"WORLD'S LARGEST RESORT CITY"
(:II Y ':OUN(:[L
CITY COUNCIL AGENDA
NOVEMBER 1, 1994
CITY MANAGER'S BRIEFINGS: - Council Chamber - 10:30 AM
A. JOINT SERVICES - CITY AND SCHOOLS
David Grochmal, Director of General Services
B. STORM WATER ENTERPRISE FUND
Ralph Smith, Director of Public Works
INFORMAL SESSION - Council Chamber - 12:NOON
A. CALL TO ORDER - Mayor Myer, E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. CITY COUNCIL CONCERNS
D. RECESS TO EXECUTIVE SESSION
FORMAL SESSION - Council Chamber 2:00 PM
A. CALL To ORDER - Mayor Meyera E. Obc-rndorf
B. INVOCATION: Revererd Ted E. David
Baylake United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMER CA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1 . INFORMAL & FORMAL SESSION-0 October 25, 1994
G. RESOLUTION/ORDINANCES
I Resolution to adopt the City's 1995 Legislative Package and to request the Citys General
Assembly Delegation's support in the 1995 General Assembly.
2. Sandbridge Beach and Shoreline Restoration and Management:
a. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach,
Virginia, by ADDING a new Chapter 35.1 re Sandbridge Special Service District.
b. Ordinance to establish the Sandbridge Special Service District (SSSD) Special
Revenue Fund, transferring and appropriating revenues to the fund; to direct the
City Manager to budget the receipt and expenditures of SSSD funds; and, to
establish revenues of the SSSD Special Revenue Fund.
C. Ordinance to AMEND and REORDAIN Section 35-158 and 35-159 of the Code
of the City of Virginia Beach, Virginia, re the Transient Lodging Tax and
establishing an additional Lodging Tax within the Sandbridge Special Service
District to provide beach and shoreline restoration and management at
Sandbridge.
d. Ordinance to AMEND the ordinance establishing the tax levy on real estate for
Tax Fiscal Year 1995.
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1 . Ordinance to ACCEPT and APPROPRIATE a $112,500 Grant from the Institute of
Museum Services to the FY 1994-1995 Operating Budget of the Virginia Marine Science
Museum re providing contractual manpower and services; materials and supplies;
additional technology; and, estimated revenue to the fund be offset accordingly.
2. Ordinance to APPROPRIATE $9,250 from the current balance in the Francis Land
House Board of Governors' Trust Fund re expenditures in support of the mission,
goals and activities of the Francis Land House.
1. UNFINISHED BUSINESS
J. NEW BUSINESS
K. RECESS TO EXECUTIVE SESSION
L. CERTIFICATION OF EXECUTIVE SESSION
M. ADJOURNMENT
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: TDO only 427-4305
(TDD - Telephonic Device for the Deaf)
10/27/94/bap
AGENDA\11-1-94.ITM
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
Novernber 1, 1994
Mayor Meyera E. Obertidorf callcd to ordcr tle CITY AFANAGER'S BRIEFING to the VIRGINL4
BEACH CITY COUNCIL i,, tlc (,@ou;icil Chamber, (it-v liall lluilciiiig, oii Tuesday, November 1, 1994,
at 10:30 A.M.
Cou)icil Members Preseiii.
Joliii A. Baut7i, i,iiiwood 0. Braiicli, III, Rob,,rt K. Deati, William W.
Harrison, Jr., Iiarbara M. IIc,;iley, Louiy ]?. io;,(,s, Joill, I). M()ss, Mayor
Meyera F. Obei-ft&,rf a;id Nalicy K ]'(Jrk,,,-
Council Members Abselit:
Vice Mayor Williatit I). @essoins IENIEI@El): il:20 A.M.
,l 77'1,,NI)IN(; IIANK MF,,,'TING]
Louisa M. 11@Nll,'I?El). 11:05A.M.@
Vice Mayor Sessoms, beiiig a Colporate Officer of Ct@iitral I,'idelity Baitk, eli.Ytloved there were no matters
on I/ic agenda in which he has a "I)ei-soiial iliterest", as ci(.,fillt'cl ill flie 1(1, either ilidividually or in his
capacity ay aii officei, of Ceiitral l,icielity flaiik. 7he Vice May(,'- rc,gularly makes thiv Disclosure as he
may or tnay iiot ktiow of the Batik',v iiiierest iii aiiy apj)licatioii that Itiay come before Cily CounciL rice
Mayor @essoms'letter of,@ep(cnil)(,l 27, 1994, iv hereb;, ttia(ic- a pai-t of ilie rt-(ord
- 2 -
CITY MANA GE R ',v BRIEFIN G
JOINT SERT,7CES -CITY ANI) SCHOOL
10:30 A.M.
ITEM # 38520
Susaii Walston, Director of Parkv aiid Recreatioii, adi,ised iii Meirch t/ic City and Schools' Collaboration
and Support Services Report was forwurded to City CouiiciL Ihis rel)ort idepilifies cooperative efforts
during the period of July 1, 1992, to June 30, 1993, aiid iiidi(-ates plaiis fti, iicw j(@int ventures for FY
1993-1994. The report advised 300 plus areas wher(, Citv I)ef)arittie)its proi,ide educational programs
for students enrolled iii Virgi@tia B(,ach Nblic @choolv, aiid, 15 plus areas of adult training or staff
developnient provided through C'it@, organizatio;is. R(,gar(iiiig the Service Areas from financial to
infrastructure, 60 plus areas ('xi.Yt. I'he I)epartmclit,@ of l,ibraries, Parks- aiid Recreation and Ksitor
Development actually provide use of their facilities f(@r sch(@()l programs. On the reverse side, the City
Organizations receive services from the @chot)l syst,-m. 7her(, are 10 plus areas where schools have
supported Cityprograms, ic, traitsportation, food ser@,ices and equipf?zent sharing. .5chools haveprovided
2 areas of adult training c)pporlutiitics. ;ch(@ol facilitics hai,t, been utilized by ihe Departments of
Coninzuiiiiy Services, Housiiig and Neighborhood Preseri,atiott, Parks aiid Recreation, Police, Social
Services and the Voter Registrar Iii tl7c l,iscal Year 1992-199.3, o@ic of thc maj(@r facilities consolidated
was Landscape Maintetiance uildt'r tlle Departmeiii (,f Sf'i@l"iccs. Services also b()re the
re.vporisil)ility of Records M(ittag(@tll(')Il for th(, @(@hool.,, (is w,,Ii (is the ('itlv,
.A,frs. Walviort advised tlie HIGHLIGHT,5 of Collaboratioll aild Suppurt:
Parks atid Recreation year-round use of Schools facilities
Finatice processiiig of Schools, payr()Il aild i,eltdor checks
Intracity Mail
Police Athletic League
School Site Selectiol7 aild Acquisitioll
Pendleton Child Services Celiter
Consolidation of l@ideo Sen,ices
Iloter Registratioiz atid l,oter Preciizcts at scllools
Coniiitunity Actioti Resource Etyipo)i,eritietit ((,,4RE)
At Risk Fai?tily Illitiatil,e
Coyisolidation of Laizdscape Services
Entergency Shelters
Cooperative Purchases
RESPITE Prograiri
Schools use of Pai@ilioit
Literacy Lab
Mainfrai?ze (,oitiputer Services
Collaboratioii on elliployee bellefits
SchooL%@ use of Mtitiicipal Golf Courses, Tetittis Cetiter, atid
Conzi?tiinity Recreatiott C.enters
Fire Educatiott
Records Maiiageitietit
Water Quali@v Testitig
Total Quality Matiagei?ietit Traittilig
Recyclitig Seri@ices
Joit7t City (ouiicilISchoof Board Meetings
Entergetti-y Medical Sen,ices Statldkvs
Teeii Library (lub
l,irgiiiia Maritie Science Museui?i Teacher @ldi,isory Patiel
Substatice 4biise Sen@ices for st(4delits
Microcot?tputer Traillitig
4-H Progranis at Schools,
Library Surt,ky of Teachers and School Librariatis
Museunt Teacher Workshops
Telephoite Directories Listiitgs
Drug Abuse Resistatice Education ([)ARE)
Child Proteetioii Scri,ices Traillifig
November 1, I994
3
CITY MANAGER'S BRIEFING
JOINT SERVICES - CITY AIND SCHOOL
ITEM # 38520 ((,otitiniiell)
Re Cooperative Purchases and Mainfrante Contputer Services, Mrs. Walvton advised the Finance
Department through the Purchasitig Divisioii oversees the (oiitract for microcomputer systems and
receives bids for both the City a;id @choc)l system. Tlte Heatiitg aizd Autotizated Fuel Contract was
consolidated for lower fuel prict,s. Cost savitigs were iiot iiicluded iii the report. Ae Information
Technology Departmeitt provides nticroconzputer traiiiiizg, telephotie aizd niainfrante contputer services
(payroll, personnel ayidfitiaticial assistaiice).
David (;. (,rochmal, Director of (;cii(,ral Scrviccs, aeli,-iv(,d aft,,, st,i,t,ral mectiligs, ille City Manager and
tl?e School Superiiitciideiit, fziializ,,(l iii Iugust 199,4, th(, i%'e@, Iiiitiatii-es for City and Schools
Collaboration ai?d Support.
1. Purchasing of large volut?te or high cost iteiiis.
2. Risk Matiagetitetit Adniiiihtratioll
3. Use of fuelifig facilities
4. Headstart Prograi?i.
5. Technology Repair atid Maititeliailce.
6. Library C,'ollectioti Dei,elopi?ietit atid Techtiology Networking
7. Loaiiiiig of Stipplies aild Equipl?lellt.
8. Joint Maiiiiig.
7here is a reeommendatioti ft)i a Conziytiuee of City aiid School Purchasitig Agelits to develop a
c-oiifideritial livt of all povyibl(- joitit plirchases.
As a pilot program, the City has r@-ached aii agreenieitt t4,ith tlt(, Schools Tratisportation Division. Ihis
divisioiz will begin seiiditig /)y I)ece?tiber Firvt approximately 75 school buses to fuel at the Landstown
site. Mr. Crochmal iv curreiit@)) ?ei,icK,iiig the Headstart Progral?l t() d(,tcrmili(- methods to improve and
cvpand tliis program.
Oite of the goals of the Infornwtioti Systents Plan iv to dei-clof, a wide area iietwork through fiber optic
for all City and School facilities. ]he Iiforntatioii Techtiolog-y C@oi?tiyzittee is developing an RFP for
prospective providtrs of tlie first pheisc, wliic:h would comprisc, (il,l,roxi,7iatel@ 27 school locations.
(.'oriceriiiiig Library Collectioii, (,iic, of the la(cst ((,()[)ci-atii,( ejforts is thc "Junip Start Program"
iiii,olviiig clemeiiiary schoolv. lhc hopcs to pilot iii tli(, Schools' Libraries an on-title access to
periodicals. 7hese are cul-reiiii-@ available 117rough a i7ticro-filitt iroc@ess. National and ititernational
sci-vices provide perioclicaly thl,(,Uifh (,Omput,,r pi-ogi-(4tpis. 7'li(- ((ivt woul(i be the same as the
microfilm vystem.
A pilot program iv beiiig dev,elop,,d eiicompassiiig sev(,ral sthooly. Aii iiiveitt()ry is being conducted
relativc stipplies and equipulet?t wliich (ould be loaiie(l. I'am I)irec-lor ()f I@blic Iriformatiort, and
Boriiiy Fivherfrom the @cho(@ly Iiif(,rtriatioii Office hai,,, (ijoitit iyzailitig at least ()lice ),Car alid
ait aiiiiual citizeii survey.
]he Mayor exteiided app)@eciatioii (;rochmal aiid Mrs. @V(ilstoii. Wr. (;r(@(:httial iY currently working
with the @chools oti recyclitig fortyis. Ilie blaitk side of tli(, ft)i-ni i@s utilizei 1)), the S(-c(,iid (,@rade .5tudents
i(@ practice flieir wriiiiig.
N(Yvember 1, 1994
- 4 -
CITY MANAGE R'SBRIEFING
STORM WATER ENTERPRI,@E T'UND
ITEM # 38521
11:12 A.M.
Ralph Smith, Director of lublic- W(@rks, advived iii Marcli 11)9.i, tlic dcpartmelit was tasked with
imple,mentitig the iiewly evtabli,%he(i Stonti Water Utility Eizterprise Fulid.
Mark Johnson, Project Matiager for l@,iigiiieeritig atid 1ei-mittiii,@ - Cilys.@lormwater System, advised his
portioti of thc presentation would focus ori Maiiagei?teiil aiid litiprovenient of the City Municipal
Separate Storin Sewer Systeni (MS4S). lhe City',v vvstcm c olisi-vis of local systents made up of streets,
irilets, pipes and ditchev, whicli divc harge stormwater to tlic priiiiary systei?l, comprised of tunnels, canals
aiid vtructurev. The southerii portioii (@f flie City iv pritnui,ill, sci i,(,,i /@), ati opeti channel or ditch system,
wliereas the tiorthcrit devel(@ped portic)ii (@f the (,'ity i@% I)j@ att uliderground pipe system
(approximately 88square milev). Ihe Storni WaterMatiagei?zeiit Sti4dy cot7iplc-ted iii 1987divided the City
iiito 31 Watershed@, wliich divcharged slot-tn water to @lujor rec(,iviii,@ wat@!ry. Ihe receiving waters consist
of Broad Bay, Lynithai,en Rii,er, Easterti Bratich Elizabeth Rii,er, North Landitig River, Back Bay,
Little Creek Reservoir, Stuttipy Lake, Atlaiztic Oceait, atid N()rfolk Lakes. 7he City is alvo required to
.7ta)iage storm water I)y Ft@d(,ral (iiid.@tat(- regulati()Il.@
FEDEK4L
Water Quality Ict (11)87)
,,Vatioiial l'ollutaiii I'li@ti)i(itioii
STATI,'
l,ro,vioii aiid Sedii7,eiii (-'oiiii-ol l,aw
(,'Iiesapeake flay 1reyei-vati(,;i @l(,t
Virgiiiia @orm Water Maiiagiinciit A(i
LOCAL
.@t(@rm Water Maiiagem(,)il Oi-tliiiaii(,(,
(,'Iiesapeake Ilay lr(,a Oi-ciiiiaitcc
,@outherii Watervl7(,(Is Maita,@(-tnc,iii Or(iiiiaiicc,
Ero.vioii aiid.@(,dinic;tfali()Il
1,7ood I'lai;i Regul,itioiis
Zoiiing O)-diiiaiice
.,;ite Ila;i Or(Iiiiaii((,
,@ubdivisioii Regulatioiis
@t(irm @ewer I)ivchai,@(, Or&?iaiic(,
7he NPDES Perntit Regulatiolis b,isicall), i-equire flit, ('itl I(, a Coniprehensive Storm Water
Matiagentent Progrant to redu(t- tli(, discharge of poiltitatits 1,@ vto/,//) Kater ritnoff I() the waters of the
United,';Iates to the maximum cxt(,/It pi-ac-licable fi@om (onitn(,i-, ieil (iii(i resi(letitial areas, illicit discharge
aiid improper disposal, iii(lustrial fu(iliti(,,% atid coiistru(tioli ']/i(, i-(,gultiti(,iis alvo require the City
t(, Icvelop a stortit water i?ioititoritig prograt?i to chai,i(l(,i-iz(, wal(,I- ruii off
NPDES PERMIT STATU'S
Subnzitted pernzit application to lirgiiiia Departitielit Of
Eiivirotinietital Quality (DEQ) ilt Noi,eitiber 1992.
Receii,ed Draft Pe"rtit froni DEQ iii Iugut 1994
Draft Pert?iit Ctirrelitly ulidtr Ret,iew
November 1, 1994
CITY MANAGER'S BRIEFING
S7'ORM WATER ENTERPRIVF FUND
ITEM # 38521 (Colitilliieil)
The FY 1994-95 Storni Water Capital Intproventetit Prograiii ()f 21 Projects at a total cost of
$32,603,563.
Mr. J()htisori cited projects iii the Storni Water Capital Iitiprol'el@ielit Prograt@t:
ONGOING PROJE(1'7.1;
2-020 Various I)raittage (12 Active)
2-183 @fortn Water Qualit@, I,'ithalit (,Itl('Ilts (4 A(live)
2-113 .@form Water.Y),.Yl(,In
PROJECTS IN YEARS 2-6
2-145 Arctic Ai,eiiuc - liallic Av,(,iiue (Iartial)
2-022 Ocea;ia (,ardeiis l@,ast
Currently, there are 16 active projects, aiid 8 projects ut7der cotistrtictioji- lyie Stumpy Lake Drainage
Project is not dcpicted, but wa.1/2 c(implctcd lavt year. 17ic curi-etit storiii water backlog consists of 13
projectscompri.vitig$34-MILLIOA'
atid funding availability.
Art @haw, Operatioits Etigiiie,-i - lublic W()rk,@, a(ldi-csyei th,, iysi4,, of Maititeiiance and Operation.
Maintaiii Roadside Ditches
Maintaiii Lead DitchesICatials
Flood RespotiselClear Debris
Bank Stabilizatioti at Structurt,,s
Repair Cave-]tis at Storni Water Structiir,,s
litst,aM Stort?i Water Pipe
ItistalIlRepair Storni Basiiis aiid Dry%,ells
Cleaii-Out of Storni Basiiis aild Pipe
Maiiztain Reteiitioi7lDeteiztioti Polid@@
Maititaiii DanisISpillways
Clean-Out of OillWater Separators
litspect BMP Facilities
Maiittaiii Storni Water Puiyzp Stalioiis
FY 94-95
823,756
014,329
51
Positions Requested 60 o@3 58
(FTE)
Storm Water deficieticies aiid requesiv for services frot?i , itiz@'ll, i, ((,Iistailtl,v iii(@reasiiig. Fifty percent
of I/ic drairtage facilitics are oi,(,r tm,elity-years old.
Novetnber 1, 1994
- 6 -
CITY MANAGER'S BRIEFING
STORM WATER ENTERPRI.S:P, FUNI)
ITEM 38521 (Cotitittiieti)
tlInvllnspICosts
of Value)
2,@3,800
730,700)324,630
000
500
000
200
BMP's 7,681) 79,313
22,400 (actual)
141,693
573,554
,ilr- @@haw displayed the slide de[)i(tilig the Work Order Tretids. l,'I.V(al Year 1994-95 is pr()jected to be
al)proxi,iiately 4,900, which d(,I)ic is l Colitilluous iiicreu,1/2e iii ili(, for service. 7he white
I)ars repi-eseiit the City'.v abilil,vl t(, (cottipleted work orders) i')icr(,Os,,s have been made,@ach
i,t,ar.
RESPONSE - LEIIEI, OF SERI,I('E
Curretit ndlpreferred
average
days avg. rc,,vp(iiise i reslx)nse time
response time
IDetetitit 2
(@urreiit Acconiplivhnteizts
Effectii,e use of Curretit Fuildilig
Created Autontated Work Ordtr Processilig @yvleili
Installiitg Ii7i,eittory ipwiiitet?aiice iiiai?agetiletit @ystei?i
Broadened Maititeiiatice Ilispectioll Prograill
Created Custoiner @Vervice Orgattizatioil
Optimized use of C,@(ititracts atid Coi7tract lab,,r
Adopt-A-Waterw@v Prografit
November 1, 1994
- 7
CITY MANAGER'S BRIEFING
STORM WATER ENTERPRISE FUND
ITEM # 38521 (Coiitinueil)
Mr. Shaw cited the Contract l,'alue as a 1erceiitagc of Storitz Vater Mailitenatice Budget.
I,-Y 1992-1993 15.22% of Iiudget
f,'Y 1993-1994 41 52% of Budget
T,'Y 1994-7095 44 2 % of Bu4g(,t
Cliarts depicted Custoi?zer Denzand i,ersus Capability aiid Forecasted Resource Requirements whieh
rt!flected Customer Demaiid, Ba(-kl(@@ Maitagemerit, Othf,r a@ld ('umulative.
Phil Daveitport, Admiiiistrator C(,-or(iiiialo?@, th,, (,ustoitier Seri,ice and Financing
Aspect of flie 5torm Water Utilit-@
BILLINC, HI.5TORl'
Deceniber 1992 Couiicil Approt,ed Fees
March 1993 Public Works Assigned Billing
Responsibility
May 1993 4dvanced Notification to Citizens
June 1993 Firvt Bills Selit
BILLI,VG ACCOMPLISHMEN-FS
Iiicreased Number of I,@]?US
Improved (,'ollectio)i Rate
Reduced Addrevv 1roblems
(,'otnputer Litik to I'ax
R(,du(ed 7tlephoiit, (,'ally
S7'ORM WATER U7'ILITY i"t,ND
Fiscal Year 1993 - 1994
Budget Unit Budget Ai?iout7t Total Obligatiotis Unencunibered
Balance
Prograill 4 70, 1 Ii@ 424,444 45,669
Managenietit
Custonter Service 217,121 202,388 14,733
Operatiolis & 3, 77@5,83 3,775,0-@,- 780
Maintenance
BMP Inspections 79,595 @0, 450 (855)
Capital Projects 1,700.000 I,/-OO,Ooo 0
'OTAL 6,242,666 6,182,339 60,327
Other Costs 1,358,212 059,24,@ 398,964
TOTALS 7,600,878 7,141,587 1
November 1, 1994
CITY MANAGER'S BRIEFING
STORM WATER ENTERPRIISE FUND
ITEM # 38521 (Cotitiiiiii,(I)
STORM WA7ER UTILITY FUND REI,7.'NUE SCHEt)UI.E
Fiscal Years 1994 & 1995
udgeted Revenue
251
247
2,300,000
Reint
TO T, 7,600,878
budgeted Revenue
989
247
9,236
PROJECTED NET BUDGE7ARY
BAI.ANCE AS OF JUNE 30, 199.5
ry Balaitce 91
Rei,etiue 22
cted Unbudgeted R 36
cted Net Budgetary Balance 49
Mr. Daveiiport oullitied th(- FY 1994-9-5 tliru FY 1999-00 Pr(,iecled Ret,etiues and the Proposed
Budget,ary tieeds.
I?alph @mith, Director of Ilublic PVoi-A,@, advised iiiforinati,)ii ha.% @-c)i ft, ai@(le(i i@elative Storm Water
Quality Prograi?ts. Tlie City hav elit?iitiatc(i 82 illicit dischargessi@i,,,,Ilil 1, 199.3. ,;iltce July 1988,1300
BMP'.5 have becii esiablivllccl. ai(- 13 nzajor CIP Projects @34-@VIILION, not funded
iii the curretit 6-year Prograin. If fli(, tii;(,ragt- fuii(iiiig pei ),,-ai of ilic- (@-year pr(@@ram is examined, thiv
will itecessitate 18 years bcyoiid th(, (ui r,,iit pr(@gi-atit befor,, tht@@s(, pi ojeciv are currefilly funded A $1.1-
MILLION gap was discuvved iii tht, (-apacity versus dettiaiid aii(i a $.5.1-MILLION funding proposed
over a fliree-year peric)d as part t)f tlie Budget recot@iniciiti(itioij,, to arrive at a 60-day backlog.
Itnplemeiitation of il7e Utility I,e(, aiid receii,ed wer(- niaiiag(,,l (@fft,ctiv,,Iy by the members of
C'it-v .';Iaff preseiitiitg thi@v iriforniati(,I, I(' ('it)'
(.'(,itce"is were mprevs-ed re rtiral areas, ic. l@iigo Airfi,,Itl. Bill,@ @lot bc st@lit for impervious
scri,ice,% wlit@n flie owiiers provi(l(, th(,
(,ouiicil rcqueste(i tliiy ilcm f(@r fu@-th,-i- i;td (iis(usvioii I)y City Council.
November 1. 1994
- 9 -
ITEM # 38522
Mayor Meyera E. Oberiidorf called t(i ()rder the INFORMAL SESSION of the IIIRGINL4 BEACH CITY
COUNCIL ii7 the Council Cliamber. (,'ity Ilail Iluildi)i.@, o)i lu(,,@la-@, Vov(,mb(',' 1, 1994, al 12:15 EM.
(.'ouncil Members Present:
Joliii A. I3aum, I,iiiwood 0. Braiich, III, I?ob@,i-I K. I)eaii, William W.
Harrison, Jr., flarbai'a M. Ileiiley, l,ouis I?. Joit(,s, Iohil 1). M()ss, Mayor
M(,yera E. Obei-ii(l(,rf, Naii(@'v K. I'ark(,i-, Vi, c A4,i @,,l @Villi(ini 1). Sessoins,
Jr. aiid I,(,uis(i %4. Sti-a-vh(,rri
Couricil Members Absciii:
No)ic
Novcmber 1, 1994
- 10 -
ITEM # 38523
Mayor Meyera E. Oberildorf eiitertained a motiopi to permit ('i(y C()ulicil to coliduct its EXECUTIVE
SESSION, pursuaizt to ';ectioii 2.1-344, Code of Vi@giiiia, iy (im(,ildecl, ftir flie following purpose:
PUBLICLY-HELD PROPERTY.- I)iscussioll (,] (-oiisi(ieratif)ii of the
coiidition, acquisitioii, or use of real pr()pert)@ foi- public, purl@osc, or of
the disposili(@ii ()f l,ublicly -held property, or oj i,laits for the future (if an
institutioii wliich could affecl tlie value of prol@,,i ty, (,wiied or desirable fc)r
owner,vhip kv such iiivfitutio)t purvuaiii 2.1-344(A)(3).
l'o-Wit: Icqui.,iii,,;t of 1rc)l@ei-ty - Virgittia B,-a(h Boiougli
- Iiaysi(le, B,,i@ough
- I,-Viiiihai,(,ii
LEGAL MATTERS: Coiisultatioit wilh le,@al or briefiiigv by staff
member,v, coitsulta;it,%, or atio"ieys pei-taiiiiii,@ I() ficlu(ii or probable
liti,@ation, or otht,i, Ypecific legal triatic-i@.v r,-qut,.@tiii,@ th(, I)rov,isions (if
legal advice 1)), 4-ou)is(@l purvuaiit t() S,-cli(,It 2.1 3,@4(li)(7).
l'o-Wit: l,egal I@YYut,@s - Amphitlicater
- Real P,@state Mattei-,y - Virgiiiia Beach IloroughlIynnhaven
It,,rough
- l,ake (;astoii
- lool Cc)rrosioii - ]?,-(@(,Utioii
Upoii motioii by ViceMayor.';es,onis, secoii(ied 1)), C()1401(il I,U(il ('ih@ (,(,uiicil votedioprocced
i;it(, EXECUTITIE SESSION.
Voting. 11-0
(-@ouricil Meinbers Votiiig @lyc.
Joliii A. Baum, l,iiiwood 0. Braiich, III, I?ob(,I,l K Deall, William W.
IIarrisoii, Jr., Barbai-a M. IIettley, Louiv R. Jo)i,,s, J(@Iiii I). Movv. Mayor
Meyera ],,. Ob(@r;tdorf, Na@icy K I'arke),. Vice Wavot William I). @evsoms,
Jr. a;td Louisa V. .@ti-ayho"l
(,'(,uiicil Members Votiiig Na@
Nc)iie
(.'ouiicil M(,mbcrs Abserit:
Noite
November 1, 1994
FORMAL SESIOA'
l@'IRGINIA BEACH C,'ITY ('OUNC'll,
Novei?tber 1, 1994
2:00 P.M.
Mayor Meyera E. Obertidorf calle(i i(i order the FORMAL SE.@SION ()f 1/7e L"IRGINIA BEACII CITY
COUNCIL in the Couticil (,'Iiattib(,r, ("itj, II(ill I@uildiiig, (,ii ]u,-sitii,, V(,t,eitit)(,r 1, 1994, at 2:00 P.M.
Council Members Present:
John A. Baum, l,iitw()()d 0. Ilranch, ill, I?ob(,t@t K. Deaii, William W.
flarrisort, Jr., Ilarbara M. Heiiley, Louis R. J(@ii(,s,.Iollll 1). Mosv, Mayor
Meyera I,,. Oberitdorf, Naiicy K Ilark-ei-, ViceWa,@)or Williatn I). Segvoms,
Jr. aiid Louiva Al. ';Iravhorti
(-'c)uiicil Membcrs Abserit:
Noite
I@Vl,,OCATION: Revereiid I'cd /,,. David
Ilavlake Upiited Vctho(list Churcli
LEDGE OF ALLEGIANCE TO -f E FLAG OF T@E IED STATES AMERICA
November 1, 1994
- 12 -
em III-E I
CER TIFICA TION OF
EXECUTDIE SESSION
ITEM # 38524
Upoii motion by flice Mayor ';essoms, secoided by Couiicit l.a,ly,';Irayhorit, City Council CERTIFIED
THE EXECUT)7,E SESSION TO BE IN ACCORDANCE H'17'H TIIE MOTION TO RECESS.
Otily public busiiiess matter@y lawful@), (,xettilf,,,l j@'oni OI)cil Meelitig
requiremeiiis /)), Vi@qiiiiu law were (Iiycussi,ti iii l@e(,utivt, St,.@.yion to
which I/ii@v c(,i-fific-ati(iii resolutioii al)pli(,s;
AND,
Otily such public busi)less matterv as w(,r(, i,leiiiified iii the motio?l
conveiiiiig the l@e(-utive Sessioll were hi,ar(l, (ii.,(uss(,d o), coiisi(lered by
Virgiiiia Beac@h ("oulicil
votilig: 11-0
(,'ouncil Members Votiiig Ay(-.
Johii A. Baum, Lillwo(@d (). Braiicii, III, Robert K. Deaii, William W.
Harri,voii, Jr., Barbara M. licitley, Louis R. J(,Pl('s, J()hll D@ M(@,V.V, Mayor
Meyera L@-. OI)erlidorf, Nallcv K Parker, Vice Ma@@(,i@ William I).,;(,ssotns,
Jr. aiid Louiva M. ';ti a-lhol@ll
(,'outicil Members Vo(iitg Na- .
No@ie
('c)uiicil Members Absetit:
Noiie
N(ivember 1, 7994
arl
CEII'I'IFICA,riON OF SESSION
N@IIIGINIA Br.Y%Cli CI'I'Y ('OUN('IL
WIIEREAS: I'lie Virgiiiizi Bc:ict) C.'it), Couilcil Coll%'Cl]CLI iii(o EXECUTIN'E SESSION,
pursuaiit to tliclffirnlitivc %!otc rcc()r,ickI iii ITEM # 38523, Pziic
, N(i. I 0,;tiid iii accordilicc with
the provisions of I'lic Virginia Freedoni of lnl'kii-m:itioli Act, Zili(t,
WHEREAS: Sectioji 2.1-344. of tlie (@o,le ()f Virgiiiia requires a certiflcation b), the
governiiig body tiiat such Executi%,e S",sioii wits coliducte(I ill Colifortility with Virgiiiia law.
NOW, THEREFORE, IIE i@r 1.ESOLN'ED: ilic Virgiiiia Beach City Council
hereby certifies tiiit, to the I)est of czicti nicriil)cr's kiiowledgc, (a) onl@, pul)lic bu,,,,iiiess matter.,;
l@t,A,fully excnipted froni Opcii Mcctiiig reqtjiictiiciits bNl Virgiiiia I;lw %\,cre discusscd iii Executivc
Sessioii to wliich this certificzitioii rc@oltiti(@ll @ipplies; (1)) olll\ sucli pul)lic I)Usillcss mattcrs
zis werc ideiitificLI iii the iilotioii c@)iivctii;lL, (Iii.@ Exec
LI[I@C SCSI,'ioli @\,crc heard, discussed or
cojisidercd bv Virgiiii@i B@icli ('it\, C(juticil.
@uth Hodges'Smith, CMC/AAE
City Clerk No\,enil)cr 1, 1994
- 13 -
tem III-F I
MINUTES ITEM # 38525
Upo), motion by Vice Mayor 5essoms, sccoiided by Couiicil La,ly ]'arker, Cit), Council APPROTED th,
Minutes of the INFORMAL AND FORMAL SESSIONS of@,Voi7elylber 1, 1994, AS CORRECTED:
Typographical error, Page 23, ITEM # 38504
Ordinance autlioriziiig Liceitse Refutids iii th,, attiou,it (If
$64,973.50 upoii ap[)Iication of tertaiii persoiis j@id up(@ll Certificatio@i of
the Commisvioii(,r of flic Rev,eliue.
Votilig. 11-0
(,'(@uncil Memberv Votiitg @ly(-:
Johri A. Bautn, Liiiwo()d 0. Iiraiich, III, Robcit K. Deapi, William W
lIarri.voii, Jr., Barbara M. IIetiley, Louiy R. Joii,-s, Johii 1). M(),vs, Mayor
Meyera P,. 01),,rild()rf, Nailcy K Parkei, Vic(- Vtj@,(,r Williani I). ,;t-ssoms,
Jr. aiid Loui.@a M. @trayhorii
Couiicit Members Votiiig Nay.
N(@iie
C'ou;icil Memberv Absciit:
Noiic
Novtmber 1, 1994
- 14 -
tetn III-(,' I
RESOLUTION ITEM # 38526
Lou Pace, 1908 Hunts Neck Court, I'lioiic: 468-0925, sp()ke ii, OPPOSITION
Upori motiori by @icc Mavor S(!sv(,trts, secoiided t)y 'ouii(iltil,iii Cit)@ Council ADOPTED, AS
AMENDED*:
Resolution to adopt the City's 1995 Legivlativt, I'ackaKe aild to request
flie City's Geitei'al Issembly Delegatioii'.y supl,(,it iii th(- 1995 (;encral
Assembl),.
*(Route 44 Toll Issue Renzoved froi?i the Legi.Nlatit,e Package)
City Coupicil undcrviaiidv th(,st- tolls are to he rt,itioi,,(,d u,ititifiistraiii,el'@ @ @l I?esolution shall be
S(,@IIEDUI,ED for tlle City Coulicil ';essioii to the (;eiieral Asst,tnbl@ to clisurt, the coiiiinued funding of
Route 44, followiiig tlje remoi,al of tolls. Souiid attetiuatioii barriers, the Witchdtick aizd Roseniont Road
lyiterchanges need to be a(i(ircs.%(,(l
V(,tiilg: 10-1
(-'ouiicil Members Votiiig Ave.
Joli;i A. Bauin, Liiiwood 0. I@raiich, III, Williatti W. lIarri,@oii, Jr.,%
Barbara M. Ile)iley, l,oui.@ R. Jones, Joh;t I). Movv", Mayor Aleyera E.
Oberiidorf Nan(v K I'arker, Vice kfa.vor Willi,ini I). S(-Ss()ms, Jr.* and
Loui.va M. ';Ir(iyh(,iii
(,@ouiicit Memberv Voli;ig Na-i,.
I?obert K D(,aii
("Outicil Members Abse7it:
N(iiie
'Vice Mayor Seyvoms afid (,@ouiicilittaii Ilari-ivt)ii vc)ted a L@ERBAL NAY ori the ivsue re Constitutional
ametiditient to allow ati elected school board with taxiiig powt,r.
*'Coui7cilman Movv i,oted a l@ERB,4L NAY oii the iv@@ u,- r(, Post Labor [ky School Opening.
IVovember 1, 1994
1 A RESOLUTION ADOPTING THE CITY'S 1995
2 LEGISLATIVE PACKAGE AND REQUESTING MEMBERS OF
3 THE CITY'S LOCAL DELEGATION TO THE GENERAL
4 ASSEMBLY TO SPONSOR AND/OR SUPPORT LEGISLATION
5 THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES
6 SET FORTH THEREIN
7 WHEREAS, CitY Council traditionally adopts a package of
8 legislative goals and objectives of the City and requests Members
9 of the City,s local delegation to the General Assembly to sponsor
10 and/or support legislation to carry out these goals and objectives;
11 and
12 WHEREAS, city Council has considered a number of goals
13 and objectives for inclusion in the City's 1995 Legislative
14 Package.
15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17 That city Council hereby adopts the City's 199 5
18 Legislative Package, which is attached hereto as Exhibit A and is
19 hereby incorporated by reference.
20 BE IT FURTHER RESOLVED:
21 That the members of the City's local delegation to the
22 General Assembly are hereby requested to sponsor and/or support
23 legislation in the 1995 Session of the General Assembly that would
24 carry out the goals and objectives of the City as set forth in its
25 Legislative Package.
26 BE IT FURTHER RESOLVED:
27 That the City Clerk is hereby directed to transmit a copy
28 of this Resolution to each member of the City's local delegation to
29 the General Assembly.
30 Adopted by the Council of the City of Virginia Beach,
31 Virginia, on the day of ovembr 1994.
32 CA-5758
33 ORDIN\NONCODE\LEGPACX.RES
34 R-1
35 PREPARED: 10/25/94
1"5 LEGISLATWE PACKAGE
FUNDING ISS Y ORDER
I Request $5 million to fund the construction of the expansion of the Marine Science
Museum
2. Request $458,950, which is 50% of the cost, to relocate the Pendleton Child Service
Center.
3. Request $5 million for partial ftinding of the Hurricane Protection Program.
4. Request for the State to pay the City's share of the cost of establishing the new family
court system, if the system is established. The total local cost is estimated at $800,000.
STATEWI]DE FUNDING POLICY ISSUES
1 . Request for full ftinding of education and full funding of any mandated teacher salary
increases.
2. Request for full ftinding for State Aid to Libraries.
3. The Conimonwealth is requested to include ftinding for Constitutional Officers' fringe
benefits which was deleted for fiscal year 1996 during the adoption of the current
biennium budget.
OTHER ISSUES
1 . Post Labor Day School Opening
2. Constitutional ainendment to allow elected school board with taxing power.
3. Recordation of Plats for Public Purpose Uses
4. Liquidation of Assets of Dissolved Corporations
5. Virginia Indoor Clean Air Act
6. Relief from E-911 Tax
7. Auto Decals for Survivors of Disabled Veterans
ADDENDUM PUBLIC SAFETY PACKAGE
2
LOCAL FUNDING ISSUES
IN PRIORITY ORDER
3
VIRGE'41A MARM
The Virginia Marine Science Museum is the most heavily visited museum in Virginia.
The City is embarking on a $35 million expansion of the facility, which will greatly increase the
facility's appeal as a tourist attraction and as an educational facility. Of the over two and one-
half million ovemight visitors, who come to Virginia Beach each year, a large majority of them
visit the Virginia Marine Science Museum. it is expected that the expansion of the Virginia
Marine Science Museum will generate several hundred thousand additional visitor days. This
will increase the amount of direct tax revenue to the Commonwealth over the approximately $20
million that is now generated from tourism in the City.
RECOMMENDATION
The General Assembly is requested to appropriate $5 million to partially fund the
expansion of the Virginia Marine Science Museum. The General Assembly in the past has been
extremely generous in support to the facility and this will continue the partnership that exists
between the City and the Commonwealth on this facility
4
PENDLETON CHELD SERVICE CENTER RELOCATION
The Pendleton Child Service Center has been located on the Camp Pendleton State
Military Reservation (SMR) since its conception in the mid-1970's. The City is being required
to relocate the Child Service Center off of the SMR. Total cost to relocate the project is
estimated at $1.4 million.
RECO@NDATION
Tbe General Assembly is requested to provide $458,950 as the State's share of relocating
the Child Service Center. The Child Service Center is a Certified Group Home, and is eligible
under the code for the State to provide 50% of the capital costs. The additional costs will be
bome by the Cities of Virginia Beach and Chesapeake.
5
VIRGE141A BEA T
The City has been working with the Corps of Engineers for a number of years to receive
Congressional authorization and ftinding for a Hurricane Protection and Erosion Control Project
at the oceanfront. This would be an expanded beach and dune system from Rudee Inlet to 89th
Street, include a new bulkhead between Rudee Inlet and 58th Street, and a new boardwalk
between Rudee Inlet and 40th Street. The project would also include relocation of the existing
interior drainage system; with the stonnwater disposed of through submarine pipelines. The
City will expend approximately $70 million on the resort streetscape improvements; and the
Hurricane Protection Project is needed to protect those investinents. Also, the new beach, which
will be higher and three times as wide as the existing beach, will increase Virginia Beach's
preeminence as a vacation beach on the Atlantic seaboard. This will allow the City to better
market itself, and also, will produce extended stays, which will generate additional direct tax
revenue to the City and to the Conimonwealth.
COMMENDATION
The General Assembly is requested to appropriate $5 million in ftinding over the
biennium for the Virginia Beach Hurricane Protection and Erosion Control Project. This project
is now currently estimated to cost approximately $88 million with the City's share at 35 % of this
figure. State assistance is justified to assist the City in protecting the investments already in
place on the oceanfront, and to increase tourism in Virginia.
6
FAMH,Y COURT SYSTEM
T'he State may initiate a new family court system. This will require the addition of new
court and office space where these services will be provided. The City has just completed the
construction of the $32 million court complex and it is appropriate that the State pay for capital
costs of this new mandated family court system.
RECO@NDATION
The General Assembly is requested to pay the local capital cost of $800,000 necessary
to provide the appropriate space for the new family court if it is established. This would include
court rooms and office space, etc. Ile cases are currently handled within the existing court
rooms and office space. However, by creating the court system, the State is establishing a new
tier in the justice system, and it should not be the City's responsibility to provide office and
court space for this mandate.
7
STATEWIDE FUNDING ISSUES
8
EDUCATIONAL FUNDING
Although the General Assembly provides funding for its share of the Standards of Quality
(SOQ), all jurisdictions throughout Hampton Roads contribute a much larger amount than is
required by law on a per pupil basis. Furthermore, many localities, especially Virginia Beach,
are required to provide capital facilities without any assistance whatsoever from the
Commonwealth.
RECO@NDATION
The General Assembly should fully fund the Standards of Quality (SOQ) without any
unfunded mandates for teachers' salaries, nurses, or other requirements. Furthermore, the State
should begin a program of funding the costs of capital facilities necessary for educating the
children of the Commonwealth.
Finally, the General Assembly is requested to examine increasing the Standards of
Quality (SOQ) to reflect actual expenditures by Virginia localities. Many Virginia localities
greatly overspend the mandated SOQ ainount in order to provide a quality educational K-12
system. The Commonwealth should acknowledge the need to raise the SOQ along with state-
funding.
9
STAT'E AIID TO LIBRARIIES
The Conimonwealth provides direct grants to localities based on a per capita basis under
the category of State Aid to Libraries. This money is used for the provision of higher quality
library services than would otherwise be allowed through only local revenue measures. The
Commonwealth in the past has proposed cutting State Aid to Libraries and the City is extremely
concemed this may be proposed during the 1994/1996 biennium.
RECO@NDATION
The General Assembly is requested to maintain a full ftinding for State Aid to Libraries.
This will allow the City to continue to provide books and other reading materials through the
use of this fund in the ever growing Virginia Beach library system.
10
OTHER ISSUES
11
POST LABOR DAV QVUnnif npENING
The Code of Virginia cu-ently requires Virginia school systems to open after Labor Day.
Variances can be given by the Secretary of Education to allow school systems who are affected
by severe weather or for other reasons. The post Labor Day school opening requirement has
increased tourism within the Commonwealth and increased employment opportunity for students
who work in the Conirnonwealth's many tourist attractions. A change in the post Labor Day
school law would be detrimental to tourism on a statewide basis and would be especially harmful
to the City of Virginia Beach.
RECOMMENDATION
The General Assembly is requested to retain the requirement that schools not open until
after Labor Day. The Code does allow for variances to be given to school systems who have
severe weather in the winter, wherein the post Labor Day school opening would require the
school calendar to extend further into the month of June than would otherwise be needed. This
request is made because of the importance of tourism to the economy of not only Virginia Beach
but the entire Commonwealth.
12
CONST@IONAI, NDMENT
ING POWER
Virginia Beach and a number of other jurisdictions across the Corrunonwealth will soon
be electing school boards. However, based on the experience in other states, elected school
boards that are not responsible for the financing of the decisions they make are not fully
responsive to the public. Fiscally autonomous elected boards with the power and responsibility
to raise the revenue needed for programs that they propose are seen as a much more viable and
responsible way for the public to be represented
RECO IENDATION
Tbe General Assembly is requested to begin the process to ainend the Constitution of
Virginia. The Constitution requires two succeeding sessions of the General Assembly must
adopt a resolution on a constitutional amendment before the issue is then put before the voters
at the November election following the second approval of the resolution. Tbe constitutional
amendment will not spell out, in detail, the exact lirnitations of the taxing power as this is done
in the enabling legislation usually passed after the constitutional amendment has been approved
by the voters. A constitutional amendment such as Senator C.A. Holland's Joint Resolution 17
of the 1993 Session is a very workable starting point. Senator Holland's resolution would
require independent school debt to have the same limitations applicable to county/municipal debt,
would provide by general law how the debt liinitation should be allocated between the debt of
the independent school division and the debt of the locality, and would require the voters of each
area where elected school boards with taxing power are proposed to approve such authority
through referenda. Therefore, It would require the General Assembly approval in two
succeeding sessioris of the resolution autho@g the referendum question on this amendment to
the Constitution to allow elected school boards with taxing powers. Then, for enabling
legislation to be adopted by the General Assembly, and finally for each locality to have its voters
approve taxing power being given to school boards before it could be utilized.
13
Under present law, ordy streets and easements for public passage may be dedicated to
localities by plats. other types of easements, such as for water, sewer, and drainage purposes,
must be dedicated by deed. This procedure is cumbersome and, but for the fact that it is legally
-quired, unnecessary. It would streamline the subdivision review process, both for City staff
and development interest, if utility and drainage easements could be dedicated to the City by
plat.
COMMENDATION
T'he General Assembly is requested to amend the Code of Virginia, Section 15.1-478 to
enable but not require localities to provide by ordinance that water, sewer, and drainage
easements may be dedicated by plat. "Dedicated" could be to the locality itself or to a person
or entity designated by the locality. The recommended wording is as follows:
15.1-478 Recordation of Plat as transfer of streets, termination of easement, a,d ights-of-
way, etc. -- 'Me recordation of such plat shall operate to transfer, in fee simple, to the respective
counties and municipalities in which the land lies such portion of the premises platted as is on uh
plat set apart for streets, alieys or other public use and to transfer to such county or municipality
any easement indicated on such plat to create a public right of passage over the same; but nothing
cOntained in this article shall affect any right of a subdivider of land heretofore validly reserved.
Provided, that where the authorized officials of a county, towri or city within which iand is
located, approve in accordance with the subdivision ordinances of such county, town or city a plat
or replat of land therein, then upon the recording of such plat or replat in the clerk's office
wherein land records are maintained, all rights-of-way, easements or other interest of the county,
town or city in the land included on the plat or replat, except as shown thereon, shall be
temiinated and extinguished, except that an interest acquired by the county, town or city by
condemnatiori, by purchase for valuable consideration and evidenced by a separate instrument of
record, or streets, aheys or easements for public passage
do-esl,c waler -d s@wea e subject to the provision of 15.1481 or 15.1482 shall not be affected
thereby.
14
Under Section 13.1-747B and 13.1-909B of the Code of Virginia dealing with judicial
dissolution of corporations, circuit courts may liquidate the assets and business of corporations
at any time after the terinination of corporate existence, pursuant to the sections or any laws of
the Commonwealth in effect at any time prior to January 1, 1986. The ability to use laws in
effect prior to January 1, 1986, allows for some very ambiguous and difficult to track corporate
records. Furthermore, when a judicial proceeding is brought to dissolve a corporation, the court
shall hold a hearing after notifying all parties to the proceeding and any interested person
designated by the court. This does not necessarily include owners of contiguous real property
interests that may be affected by the transfer of the assets of the corporation.
RECOMMENDATION
The General Assembly is requested to amend the Code of Virginia to remove the
provision in Section 13.1-747B and 13.1-909B of the Code that includes the language coneeming
laws of the Conimonwealth in effect any time prior to January 1, 1986. The new Code section
should read as follows:
"The circuit court in the city or county named in subsection C of this section shall have
full power to liquidate the assets and business of the corporation at any time after the termination
of corporate existence, pursuant to the provision of this chapter, upon the application for any
person, for good cause, with regard to any assets or business that may remain. The jurisdiction
conferred by this clause may also be exercised by any such court in any city or county where
any property may be situated whether of a domestic or a foreign corporation that ceased to
exist. " (This wording removes the reference to January 1, 1986)
Furthennore, it is recommended that Code Section 13.1-748A and 13.1-91 OA be ainended
so that property owners of contiguous real property that may be affected by the dissolution of
corporations shall be informed of the public hearing to accomplish same. The proposed
language for this code section is as follows:
"A court in a judicial proceeding brought to dissolve a corporation may appoint one or
more receivers to wind up and liquidate, or one or more custodians to manage while the
proceeding is pending, the business and affairs of the corporation. The court shall hold a
hearing, after notifying all parties to the proceeding including but not limited to. owners of
contiLruous real - affec of the assets of the
ation before appointing a receiver or custodian. The court appointing a receiver or
custodian has exclusive jurisdiction over the corporation and all its property wherever located.
15
VIRGINIA INDOOR CLEAN AIR ACT
Virginia Code Section 15.1-291.2C currently provides that "[a]ny restaurant having a
seating capacity of fifty or more persons shall have a designated no-smoking area sufficient to
meet customer demand. " (Emphasis added). Because this requirement is not specific, it has
proven to be difficult for restaurants to comply with, and for localities to enforce, Tberefore,
it is considered advisable to amend this section of the Code to provide a more specific,
quantifiable requirement.
RECOMMENDATION
This proposed amendment to Virginia Code Section 15.1-291.2C would impose a
requirement that any restaurant having a seating capacity of fifty or more persons shall have a
designated no-smoking area which constitutes a specific percentage of the area open and
available for the seating of customers.
15.1-291.2 Statewide Regulation of Smoking. -- Any restaurant having a seating
capacity of fifty or more persons shall have a designated no-smoking area sufficient to meet
customer demand. which constitutes no less than twenty-five percent of the area of the restaurant
open and available for the seating of customers.
16
PROPOSED AMENDMENT DE SECTION 5Ll--3813 (LOCAL E-911
TAX) TO EXEMPT RESIDENTS OF NURSING HOME F'ROM TAX LIABILITY
Virginia Code SS 58.1-3813 provides that localities may impose upon subscribers of
telephone service which includes the enhanced E-911 system, a tax to pay for the cost of
providing such enhanced E-911 service. Persons residing in nursing homes and similar care
facilities who have personal telephone service have no need for individual E-911 service, in that
emergency response is normally provided by the care-provider staff; however, such individuals,
often subsisting on limited incomes, are nonetheless required to pay the E-911 tax.
RECO@NDATION:
This proposed amendment to Virginia Code SS 58.1-3813 would enable local goveriunents
to exempt residents of nursing homes and similar adult care facilities from payment of the
consumer tax imposed for enhanced E-911 service.
SS 58.1-3813. LOCAL TAX FOR ENHANCED EMERGENCY TELEPHONE SERVICE
A. Notwithstanding the rate limitations iinposed under SS 58.1-3812, any county, city or town
which has, singly or by joint agreement, established or will establish an enhanced 911
emergency telephone system, hereinafter referred to as E-91 1, as defined herein, may
impose a special tax on the consumers of the telephone service or services provided by
any corporation coming within the provisions of Chapter 26, except that no such taxes
shall be imposed on federal, state and local goverrunent agencies.
Such tax shall be subject to the notification and jurisdictional provisions of SS 58.1-3812.
B. The following phrases shall have the following meanings:
1 . An "E-911 system" means a telephone service which utilizes a computerized
system to automatically route emergency telephone calls placed by dialing the
digits "91 1 " to the proper public safety answering point servicing the jurisdiction
from which the emergency telephone call was placed. An E-911 system includes
selective routing of telephone calls, automatic telephone number identification,
and automatic location identification performed by computers and other ancillary
control center conimunications equipment.
2. "Public safety answering point" means a communications facility operated on a
twenty-four-hour basis which first receives E-911 calls from persons in an E-911
service area and which may, as appropriate, directly dispatch public safety
services or extend, transfer, or relay E-911 calls to appropriate public safety
agencies.
3 . "Public safety agency " means a functional division of a public agency which
provides fire-fighting, police, medical, or other emergency services or a private
entity which provides such services on a voluntary basis.
17
C. Prior to imposing such tax, the goveming body of any city, town or county must flnd
that an E-911 emergency telephone system as defined in subsection B of this section has
been or will be installed in its respective locality and that the telephone company has
central office equipment which will permit such system to be established.
D. Any such taxes imposed by this section shall be first utilized solely for the initial capital,
installation and maintenance costs of the E-911 emergency telephone system. The
jurisdiction shall reduce such tax when capital and installation costs have been fully
recovered to the level necessary to offset recurring maintenance costs only.
E. For the purpose of compensating a telephone utility for accounting for and remitting the
tax levied by this section, such telephone utility shall be allowed three percent of the
amount of tax due and accounted for in the fonn of a deduction in submitting the retum
and paying the amount due by it.
F. The goveming bodv of town may exe of the tax
@osed by this sectio ides in a
nursiniz home or similir adult
18
AMENDMIENT OF VERGMU @ODE SECTION 46.2-755 (LIMITATIONS ON
IMPOSITION OF.MOTOR VEHICLE TAXES AND FEES)
Virginia Code Section 46.2-755.B. provides that any disabled veteran shall be entitled
to one local (county, city or town) vehicle license without payment of the license fee. it is
considered desirable to provide a similar benefit to widows of members of the military who died
in wartitne service.
RECO@NDATION
This proposed amendment to Virginia Code Section 46.2-755-B- will exempt unmarried
widows of members of the military who die in wartime service, who are entitled under federal
law to federal dependency indenuiity compensation,
SS 46.2-755. LMIITATIONS ON SITION OF MOTOR VEHICLE LICENSE TAXES
AND FEES.-
A. No county, city, or town shall iinpose any motor vehicle license tax or fee on any motor
vehicle, trailer, or semitrailer when:
1. A similar tax or fee is imposed by the county, city, or town wherein the vehicle
is normally garaged, stored, or parked;
2. The vehicle is owned by a nonresident of such locality and is used exclusively
for pleasure or personal transportation and not for hire or for the conduct of any
business or occupation other than that set forth in subdivision 3 of this subsection;
3 The vehicle is (i) owned by a nonresident and (ii) used for transporting into and
within the locality, for sale in person or by his employees, wood, meats, poultry,
fruits, flowers, vegetables, milk, butter, cream, or eggs produced or grown by
him, and not purchased by him for sale@
4. The motor vehicle, trailer, or semitrailer is owned by an officer or employee of
the Commonwealth who is a nonresident of such county, city, or town and who
uses the vehicle in the performance of his duties for the Commonwealth under an
agreement for such use;
5. The motor vehicle, trailer, or semitrailer is kept by a dealer or manufacturer for
sale or for sales demonstration;
6. The motor vehicle, trailer, or semitrailer is operated by a common carrier of
persons or property operating between cities and towns in the Commonwealth and
not in intracity transportation or between cities and towns on the one hand and
points and places outside cities and towns on the other and not in intracity
transportation
19
B. No county, city, or town shall i'npose a license fee for any one motor vehicle owned and
used personally by (i) any veteran who holds a c,,ent state motor vehicle registration
card establishing that he has received a disabled veteran's exemption from the
Departinent and has been issued a disabled veteran's motor vehicle licerise plate as
prescribed in SS 46.2-73 States
ar-zned forces w s a letter issued by the Veterans
Administration certifyiniz entitlement to
C. No c-nty, city, or town shall impose any license tax or license fee upon any daily rental
passenger car, the rental of which is subject to the tax imposed by SS 58.1-2402 A 4.
20
ADDENDUM PUBLIC SAFETY
PACKAGE
21
The Addendum Pubfic Safety Package
It is requested the General Assembly amend the Code of Virginia dealing with indecent
exposure violations. Cuffently, indecent exposure, regardless of the number of
convictions for this violation, is considered a misdemeanor. It is recommended that the
third conviction for indecent exposure be considered a felony.
The General Assembly is requested to change the Code of Virginia which would make
carrying concealed edged or pointed weapons (such as ice picks) a violation of the Code.
Currently, Magistrates have refused to issue warrants for arrest for carrying concealed
ice picks, etc.
The General Assembiy is requested to amend the Code dealing with driving while
intoxicated that would allow when serious physical injuries to another are caused, the
offender may be charged with a Class 6 felony instead of a misdemeanor that is currently
the case.
The General Assembly is requested to amend the Code so that carrying a concealed
firearm becomes a Class 6 felony upon the first conviction instead of a Class I
misdemeanor.
Section 19.2-81 of the State Code presently provides that "officers may ... arrest without
a warrant for an alleged misdemeanor not committed in their presence involving (i)
shoplifting. D3, (ii) carrying a weapon on school
property in violation of -418.2-308.1, (iv) destruction of property in violation of 18.2-
137 ... based on probable cause upon reasonable complaint of die person who observed
the alleged offense. " Since 19.2-81 requires that the above-referenced misdemeanors be
in violation of die State Code, an officer is precluded from charging an offender under
a similar local ordinance unless the officer actually observes a person violating the law.
Therefore, the General Assembly is requested to amend Section 19.2-81 to enable an
officer to make an arrest without warrant for the misdemeanors referenced therein
whether the misdemeanor constitutes a violation of State law, "or a similar local
ordinance. "
It is requested the Code be amended to expand the Zero Tolerance provision of the
Omnibus Alcohol Safety Act to include all the DUI boating codes. It is now illegal for
an underage person to operate a motor vehicle with a blood alcohol content (BAC) of .02
to .08; however, it is possible for an underage person to operate a water craft or vessel
after having consumed alcohol. Thus, it is recommended that Zero Tolerance be
expanded to include persons under the age of 21 with a BAC of .02 to .08 who are
operating a vessel within the waters of the Commonwealth.
Section 29.1-744.1 of the State Code presently provides that "[alny county, city, or town
may, by ordinance, regulate the distance personal watercraft in operation shall maintain
from the shore, docks, and swimmers,
22
feet. " The General Assembly is requested to amend Section 29.1-744.1 to increase,
frO- flfty tO One hundred feet, the distance that localities may require personal watercraft
to maintain from the shore, docks, and swimmer@.
The General Assembly is requested to amend the Cod, If Virginia, Section 46.2-1217
and Section 46.2-1231 dealing with the towing of motor vehicles. Currently, the City
requires any person whose vehicle is towed at police direction shall be entitled to an
administrative hearing to determine the legality of the removal. This is based upon a
holding of the Fourth Circuit Court of Appeals that police authorized towing without the
vehicle owner's consent is a taking of property. It is recommended this section be added
to address such required hearing, and this section also include vehicles towed from
private property at the property owner's request. The suggested wording is as follows:
The owner of a vehicle towed from either public or private
property, without the vehicle owner's consent, shall be entitled to
a prompt post-tow bearing to detertnine whether there was lawful
grounds to remove the vehicle. The governing body of any
county, city, or town by ordinance may adopt procedures to notify
the vehicle owner or custodian of the right to a hearing to
determine if the vehicle was lawfully towed for any reason as set
forth by any state, county, city, or town ordinance. Provided, the
hearing shall be requested within three (3) weeks from the date
that the notice was mailed by the Police Departrnent, or from the
date that the owner or custodian of the vehicle was personally
notified that his vehicle has been towed. The hearing shall be
conducted by a hearing officer appointed by the goveming body or
by the chief administrative officer of the country, city, or town.
Such hearing officer shall not be a swom police officer or be
engaged in a business involving the towing of vehicles.
23
- 15 -
te- Ill-(, 2
RESOLUTION ITEM # 3S527
Attorriey R. J. Nutter, 4425 (.orporatioit Latie, I'hoiie., 671-6000, rcl)reseiiied thirteell landowners in
,';aiidbridge aiid requested DEFER L on the tax ft)/ sug,@(,sl(,(i ainclidmelit.Y.
1'. I,,@dward Iiourdoit, Pembrok-c Oiit, fluildiiig, I,ifth 1,1(,or, Ihoii,-. 41)9-8971, @-,,pr(,Seitted the.Sandbridge
Oceatifront Properly ()wriers Iss(,c,iatioii, aiid Ypok(, iii SUPPORT of ille 01-(Iillatices.
Lou Pace, 1908 liunts Nec,k (oui,t. 468-0925, 1-(-gisici-,,(] ill OPPOSITION.
(-'ouncilmait Dcaii read iitt(, ili(- re((,i(i ilie (orrevpoii,icit(,, @o,n li@aub Charles Traub, III, in
OPPOSITION.
t)'12oii motioli by C(@uiicil I,a(]-l S(,(olt(i(,tl I)Y' VI((' ('it@ ('ouil(:il ADOPTED.-
,@aiidl)ridgt, Ii(,at-h (i@id Viorcliiic Restor(itioii u,i(i A4tilia,@clll(-Ilt.
Ordittaiice to AMEND aiid REORDAIN tllc C(,,/(' of flic (:ity ()f Virgillia
Beach, Virgiiiia, b'v ADDING a iiew (,'Iiapt(-r 35 1 r(, Saiidbridge Special
Seri,ice District.
Ordinarice to cstablivli flic Saiidbridge 5pecial Ser),ice Divtrict (SSSD)
,@pecial Revciiut- l,uiiii, trait@%fcrriiig aiid al)pr,,I,i-iutiitg I() the
fu@id,, to (lire(f tlt(, (,ity M(iiiager to bu(A@et tli(, a;iil (,.xl)eii@litu)-es
of S,5.@1) fuizds. aii,i, t,) cstablish rei,(,iiut,.y )f tli@, i,il I?,,i,,c)lue
F,ujid.
Orditiaiice to AMEND atid REORDAIN S(-(tioi, .@5 -158 aild -i5 -159 of
the Cotte of t/i(, ('ity o] Virgiiiia B(,a(:h, Vii-,4iiiia, re tli,, Traiisielit
Lodging Tax a)i(i establishiizg ati additiolial Lodgilig Tax withili the
,';aiidbridg(, .@f)c(:ial @(,rvice Divtrict to pr(,i,i@i@, I)c,ach aiici Ylioreliiie
restoratioii ait,i 7iuiiag,,Meiit at Saiidbridgi!.
Ordiiiaiice to .4MEND the tr(iiiiaii(-t- tlt(- tax tely oil real
estate for I'ak Y(,al- 1995.
Volifig., 8-3
Council Members Votilig Ave:
Joliii A. Baum, I,iiiwood 0. Bra)lch, III, Willitilri W Ilari-iso;i, Jr.,
Barbara M. fieitltl@. l,ouis R. J()Iies, Ma @,o;- 11. 01)(,ril,/(,I-f, Vice
Ma-vor William 1). .@(,ssoms, Jr. aiid I,(,uisa A4.
C(@uiicit Metnbers Vc)tiitg Na.@,.
Robei-t K I)e(iii, Joltii 1). Movy atid N(iii(@? K.
('ouiicil Memberv Abse@it.
Notie
November 1, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF
2 THE CITY OF VIRGINIA BEACH, VIRGINIA, BY
3 ADDING THERETO A NEW CHAPTER 35.1, PERTAINING
4 TO THE SANDBRIDGE SPECIAL SERVICE DISTRICT.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That the Code of the City of Vircjinia Beach, Virginia, is
8 hereby amended and reordained by adding thereto a new Chapter 35.1
9 to read as follows:
10 CHAPTER 35.1
11 SANDBRIDGE SPECIAL SERVTPP nTaMUTCT
12 Sect on.35.1-1. Creation of the Sandbridge special Service
13 District.
14 Pursuant to the ntained in Section 15.1-18.3 of
15 the Code of Virg
16 Dist th ..purposes s t forth in subsection
17 (C) (1) of Section 15.1-18.2 of thp rnH. @f 17i- ia.
18 Section 35.1-2. ame of district.
19 The service district @@hall h. V, ial
20 Service District.
21 Section 35.1-3. Boundaries of fh- R..Alridge special Service
22 istrict-
23 The Sandbr
24 described as follows:
25 That nronprtv dbrid e and bounded on he north
26 bv the USN PIP@I- q Cente c;
.ainin r Atlantic;
27 the Little Island Park; on the east.by the Atlantic ocean; nd on
28 the w
29 subdivision known as North Area$', and south of
30 Sandbridge Road. nited States of Aineria
31 and t picted o
32 entit ated June 17
33 Department of P
34
3 5 Sec 5.1-4. Facilities and servi ided Within the
36 Sandbridcre Snanini DiStrict.
3 7 The Sandbridap r@vice District is created for the
38 Puripose of nroviclina F,
39 shor e St
40 main
41 shoreline on the Atlanti(- or-P.@ ,it-hi-
42 Towa end within the Sandbridge
4 3 SDecial SL.-rvir-P s.and services necessary or
44 desirable to accomt)lish i7hp -f: he service district,
45 including, without limitatinn- -,]@i@i@+-,ative, engin
46 othe gin
47 hauling facilities and eciiiinmpnt- .@,l
48 faci , from time to time. bp nppa.H i-, lish the
49 DuriDose c)f t-hp ';,,trict.
50 Section 35.1-5. Proposed ole
51 services within the Sandbr dqe- SRecial Service
52 istrict-
53 The Plan is to accumulate dedicated revenue generated for use
54 with ct to fund t e creation
55 and maintenance of a beach hprm h.,,i@,
56 sea level and
57 .ie nourishment
58 the Atlantic Ocean. Implem tion of the
59 plan dry beach area of
60 approximately hundred and twent
61 combi on with t 50) foot beryn wi
62 aDDroximatpiv @@. h@,@,',-d and seventy
63 level and beach area mav
64
65 the A Corp o
66 Director of Public Works.
2
67 Section 35.1-6. Benefits expected to -.. be . r@alized from the
68 Provision of
69 Sandbridge Special Service District.
70 Through the provision of the facilities and se ed
71 in Section 35.1-
72 and and.beach on the Atlantic ocean within the service
73 district. Left unattended, the sand beach
74 of erosion occasioned by the forces of naturp- Thp @nd
75 serv to be pr ted to ben it owners o opertv
76 within.the servi district as well -s rsidets and visitors
77 through ipreservat ement of the
78 maintain public recreation areas and public infrastructure and,
79 thereb , Protect e
80 Sandbridge Special Service istrict.
81 Sect on 35.1-7. Levy of additional taxes r in whole
82 rt, the enses and chaeges for t)roviding
83 tional I services with the
84
85
86 the Code of virginia, within the sandbridge SDecial Service
87 Dist ollection
88 of additional ta
89 in whole- or Part, the expenses for Providing and
90 maintaining facil ices incident to bpach and horeline
91 management and re toration on the Atlanti Ocean within the slrvice
92 district. Such additional taxes annual tax uipon any
93 property in the service district wh
94 taxation. The ad lude a tax on the base
95 transient room rentals, exclud motels, and travel
96 campgrounds, within he service distric
97 not higher than f s in addition to any other
98 tran tax im ed ide.
99 Section 35.1-8. Limitation on Purposes for which additional taxes
100 levied and thin the sandbridqe
101
102 All taxes levied and
103 the Sandbridge Special istrict shall on
3
104 in pe
105 maintaininq f-aci vices incident to beach and shoreline
106 man storation wi LstriCt. No
107 add al tax
108 loolice or apnp@.1 @ll --- I n
109 15. of Vi ia. The proceeds from all such
110 addi al taxes
ill fund and shall nable the s me to be
112 exidended within i-h- @--,,4-e.district.
113 Adopted by the Council of the City of Virginia Beach, Virginia
114 on the 1 st day of November 1994.
115 CA-5708
116 Proposed\35-l.Pro
117 R-4
118 10/20/94
4
I AN ORDINANCE ESTABLISHING THE SANDBRIDGE SPECIAL
2 SERVICE DISTRICT (SSSD) SPECLAL REVENUE FUND, TRANSFERRING
3 AND APPROPRIATING CERTAIN REVENUES TO THE FUND,
4 DIRECTING THE CITV MANAGER TO B(JDGET THE RECEIPT
5 AND EXPENDITURES OF SSSD FUNDS, AND ESTABLISHING
6 REVENUES OF THE SSSD SPECIAI, REVENUE FUND
7 WHEREAS, the City Council has approved the Sandbridge Special Service District
8 Program ("Program") for the purpose of beach and shoreline restoration and management at
9 Sandbridge, including revenues, and recognizes that the funding may be modified in future years,
I 0 WHEREAS, the City Council desires that the Program be budgeted and financially repofted
I I in such manner as to permit the separate display of Prograni financing and status,
1 2 NOW, THEREFORE, HE IT ORDAINED BV THE COUNCIL OF THE CITY OF
13 VTRGINIA BEACH, VIRGINIA,
14 That the following policies are established
1 5 1 That the City Manager will cause to be established a Sandbridge Special Service
1 6 Distiict Special Revenue Fund (the "Special Revenue Fund") to account for revenues
1 7 and expend@itures. including inter-fund transfers related to the Program. All funds
1 8 received that are related to the Special Revenue Fund shall be annually appropriated
1 9 2@ That the revenue sources of the Special Revenue Fund which are effective on
20 January 1, 1 995, and have not been appropriated, such funds received between
2 1 January I and June 30, 1995, are hereby transferred to and appropriated for the
22 purposes of the Special Revenue Fund.
23 3 . That beginning July 1, 1995, the City Manager will cause the Special Revenue fund
24 to be budgeted in the operating budget, and will cause a display of an overall
25 summary of the Program and the current and projected financing and activities of
26 the Special Revenue Fund, as well as project detail sheets, to be included in future
27 capital improvement programs.
28 4, That it is the intent of Council that the Special Revenue Fund be utilized for beach
29 and shoreline restoration and management at Sandbridge It is the further intent of
30 Council that the integrity of the Special Revenue Fund be maintained.
31 BE IT FURTHER ORDAINED
32 The following revenue sources will be used to pay the costs of the SS SD Program:
33 1 An additional real estate tax rate on all real 1)roperties located within the SSSD, to
34 be added to the real estate tax rate assessed on all real properties established for the
35 city in general, efrective January 1, 1995,
36 2 An additional lodging tax on lodging revenues generated from properties within the
" 7 SSSD, to be added to the lodging tax rate established for the city in general, effective
39 January 1, 199@,
39 3 The revenue froin two cents of the lodging tax rate established for the city in general
40 that is applied to lodging revenues generated from properties within the SSSD,
4 1 effective Januarv 1, 1 995,
42 4. All revenues net of operating costs generated from the Little Island Fishing Pier,
43 effective January 1, 1995@
44 S. All revenues net of operating costs generated from the Little Island Parking Lot,
45 effective Januarv 1, 1 995,
46 6 A direct contribution generated from profits at Sandbridge parking lots operated by
47 the Parking Enterprise Fund of $10,000 effective Januar), 1, 1995, and $20,000
48 annually inflated at 3% per year for every yeai thereafter.
49 Adopted the 1st day of November , 1994, by the ( ouncil of the City of Virginia Beach,
50 Virginia.
5 1 This ordinance shall be effective on January 1 1995
APPROVED AS TO CONTI, NT
Walter C. Krae@r, Jr
Department of Management and Budget
I AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 35-158 and 35-159 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE
4 TRANSIENT LODGING TAX AND ESTABLISHING AN
5 ADDITIONAL LODGING TAX WITHIN THE SANDBRIDGE
6 SPECIAL SERVICE DISTRICT FOR THE PURPOSE OF
7 PROVIDING BEACH AND SHORELINE RESTORATION AND
8 MANAGEMENT AT SANDBRIDGE
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Sections 35-158 and 35-159 of the Code of the City
12 of Virginia Beach, Virginia, are hereby amended and reordained to
13 read as follows:
14 Sec. 35-158. Definitions.
15 Except where the context clearly indicates a different
16 meaning, the following words and phrases, when used in this article
17 shall, for the purposes of this article, have the meanings ascribed
18 to them in this section:
19 City treasurer. "City treasurer" means the treasurer of
20 the city and any of his duly authorized deputies and agents.
21 Commissioner of revenue. "Commissioner of revenue" means
22 the commissioner of revenue of the city and any of his duly
23 authorized deputies and agents.
24 Hetel. -1 a-ny publie er private hetel, inn,
25 herteir-y, teur-ist heffie er- hease, t eamp, teai-ist eabin,
26 ds, faetel, r-E)--,-- EJ P,
27 the eity effering !edging, fer eempensatien, te any transient--.
28 Lodging. "Lodging" means any room or rooms, lodqing or
29 space furnished to any transient.
30 Lodging place. "Lodging Dlacell means any public or
31 private hotel, inn, hostelry, tourist home or house, tourist camp,
32 tourist cabin, camidinci qrounds, motel, rooming house or other
33 lodaina olace within the city offering lodging, for comnensation,
34 to anv transient.
35 Special tax auditor. "SpeciaL tax auditor" means the
36 special tax auditor of the city and any of his duly authorized
37 deputies and agents.
38 Transient. "Transient" means any person who, for any
39 period of not more than ninety (90) consecutive days, either at his
40 own expense or at the expense of another, obtains lodging in any
41 hetel lodging Place.
42 Sec. 35-159. Levied; amount.
43 (a) There is hereby levied and imposed on each transient
44 a tax equivalent to five and one-half (5.5) percent of the total
45 amount paid for lodging, by or for any such transient, to any hetel
46 lodging place. This tax rate is effective January 1, 1993, and
47 shall remain in effect until May 1, 1997, at which time it shall be
48 reduced by one-half (0.5) percent.
49 (b) The evied and imposed on each transient
50 within the Sandb service District (District) a tax. in
51 addit @ct hereof, eguivalent to
52 e
53 District, by or for anv
54 exclu unds. The additional
55 tax rate is effective January 1, 11 remain in effect
56 until 1996, at which time the additional tax rate shall
57 be four..(4) Percent.
58
59 Adopted by the Council of the City of Virginia Beach, Virginia
60 on the I st day Of November 1994.
61 CA-5717
62 R-3
63 Proposed\35-159.Pro
64 10/20/94
APPROVED AS TO
LEGAL SU!7F! -r,@ENC
2
I AN ORDINANCE TO AMEND THE ORDINANCE
2 ESTABLISHING THE TAX LEVY ON REAL ESTATE
3 FOR TAX FISCAL YEAR 1995
4 BE IT ORDAINED BV TIFFE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VEPGTNIA:
5 Seclion 1. AMOUNT OF LEVY ON REAL ESTATE-
6 There shall be levied and collected for flscal year 1995 taxes for general purposes on all real estate, not
7 exempt from taxation and not otherwise provided for in this Ordinance, at th, r,t, of one dollar and fourteen
8 cents ($1.14) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates
9 which have been prescribed in this section shall be applied (,n the basis of one hundred percentum of the fair
10 market value of such real property @xcept for public sen ice real prol)erty which shall be on the basis a.
I I provided in Section 58.1-2604 of the Code of Virginia, as amended.
1 2
13 FACILITIES" CLASSIFIED AS REAL ESTATE'
14 tn accordance with Secti,,n ".1-3660 (A) of the (@ode of Virginia (1950), as amended, there shall be
15 levied and collected for general purposes for fiscal year 1995, taxes @)n all real estate certifled by the
16 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from
17 taxation, at the rate of one dollar and fourteen cents ($1.14) on each one hundred dollars ($100) of assessed
18 valuation thereoe The real propertv tax rates imposed in this section shall be applied on the basis of one
19 hundred percentum of fair market value of such real property,
20 Section 3. AMOU
21 ERVICE DISTRICT.
22
23
24 h
25
26
27
28
29 ended.
30 ion,3A. CONST
31 That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any
32 reason deciamd to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
33 portion of this Ordinance.
34 E DATE.
35 This Ordinance shall be in effect from and after the date of its adoption.
36 Adopted by the Council of the City of Virginia Beach, Virginia, on the lil'day of Nov 994.
APPROVED t A IITO CONTP@N
t wd B.dget
- 16 -
Item Ill-H.
CONSENT AGENDA ITEM # 38528
UPott motiori by Vic, 80coided by Cou Ici d a
iii ONE MOTION, iterns I a;id 2,,f th, CONSENT A I ILa YhO"', CitY Council APpRo D
GEND,I. VE
Votilig.- 11-0
("Oulicil Membe,, V"tilig Aye-
Jol.. A. Ilaum, l,illwood 0. Braiich, Ill, I?obert K. I)ea,,, William W.
"a-isoll, Jr., Barbara Al, lieliley, Louis ]?. jollev, Jol.. D. Mo@vs, mayor
Meyera -'. obe"idorf
Jr., aiid@ Nal,cy K I'arker, Vi(eil, ,, William D. ;e.@.voins,
Loui.va i4. @t,,@-ho,,
Coulicil Members Voti,,g Nay:
Nolle
,(lulicil Members Abscitt.-
Noti c
November 1, 1994
- 17 -
Itenz III-H.I.
CONSENT AGENDA ITEM # 38529
Upon motioii by rice Mayo@@ ;es,%o,7,s, sec(,itded by (-'Ouiicil I,(iti-v ,;tra-@lhorii, City (,ouncil ADOPTED:
Ordiiiance to ACCEPT aiid APPROPRIA 7E a $112.500 (;ralit from the
Iti,vtitute of Museutn @ervices to tlie l@'Y 1994-1995 ()I)ertitiii,@ Budget of
flie rirgiiiia Mariiie Scii.,iice Museiiiii r@ ii-f,vi(ii)lg contractual
i?zanpower aiici sert,ices; iiiaterials aiid supplie.%; additional techilology;
aiicl, estimat(,(l to flic fuiid be cts)ffy(,t a, @ (,r(iiiigly.
Votilig. 11-0
Couiicil Members Votiiig A),c.
John A. Bau-7i, I.ittwo()d 0. Bi'aiich, III, Rc)I)(,i-t K. I)ea)i, William W,
Ilarri.voii, lr., Bai-bara M. Hepiley, Louiy I). W()Ss, Mayor
Meyera I,. Ob(,rit@l(@rf, Nalicy K. I'arkel, Vi((' ,;essoms,
Jr., and Louisa .14. ';Ir(i-@,horii
(@'(@uricil Mcinbery Votitig Na-@,.
Notic
Council Members Abseiit:
Noiie
,Vovember 1, 1994
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 $112,500 GRANT FROM THE INSTITUTE OF KUSEUM SERVICES
3 TO THE FY 1994-95 OPERATING SUDGET OF
4 THE VIRGINIA @INE SCIENCE MUSEUM
5 WHEREAS, the Tnstitute of Museum Services (IMS) provides
6 federal operating support for museums of all disciplines; and
7 WHEREAS, the Virginia Marine Science Museum (VmsM) has
8 applied for an IMS grant to be used by VMSM to increase special
9 exhibits and marketin(I efforts in order to increase overall
10 Museum attendance; an(i
11 WHEREAS, the Institute of Museum Services has accepted the
12 application and approved grant funding Eor the VMSM in the amount
13 of $112,500; and
14 WHEREAS, this qrant requires no ma@ching funds from the
15 city;
16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $112,500
18 from the Institute of Museum Ser-vices be accepted and
19 appropriated to the FY 1994-95 Operatinq Budget of the Virginia
20 Marine Science Museum to provide contra(,tual manpower and
21 services, materials and supplies, and a(lditional technology; and
22 BE IT FURTHER ORDAINED that this appropriation be offset by
23 an increase of $112,500 in estimated re'venue to the Marine
24 Science Museum Fund.
25 This ordinance shall be effective on the date of its
26 adoption.
27 Adopted by the Council of the City of Virginia Beach,
28 virginia, on the First of November 1994.
29 APPROVED AS TO CONTFNT:
3 0
31 Walter C. Jr.
32 DeparLment of Management and Budget
Aq TO
Itenz III-M.2.
CONSENT AGENDA ITEM 3@Y530
UPO;l motioii by Vice, MY(,,, ecoiicied by (,'oull(ii Strayhor", City Council ADOPTED:
Orditiatice to APPROPRIATE $9,250 from ilie curre)ll balal,Ce ii the
FraticLy Latid House Board of Governors' Truvt Fund re expeiiditures
iii support of th(, t?tission, goals aiid activities of tti(, L(in(i Ilouse.
Mayor OI)ertidorf adi,ised a (loiiatioii of thrc(! chairs, oj (,)ies ,wll('(l I)y (.aptaill ],and, to the
f,ra,icis Land House.
Voti,ig: 11-0
(:outicil Members Voti,ig Ay(,.-
Joh,i A. Ilaum, Liliwoo(i 0. Bratich, III, I?ol)(,it K. 1)(,aii, Williartt W.
IIarri,voii, Jr., Ilarbai-a Af. ficiiley, Louis R. J(,ii,,s, J(,hii 1). M(,ss, Ma)or
Mcyera E. OI)c,-Il(io,f, Valicv K. Park(,r, Vic (, Mj @,(,/ [Villiam I). @ess(,ttls,
Ji-., atidl,ouiva .44 .@tra-@,horii
(-'ouit(@il 44etnbeis V(,tiiiq ,V(il.
Noite
C(,u,icil Mettibers Absciii:
Nolle
November 1, 1994
1 AN ORDINANCE TO APPROPRIATE $9,250 FROM CURRENT BALANCE
2 IN THE FRANCIS LAND HOUSE BOARD OF GOVERNORS TRUST FUND
3 FOR EXPENDITURES IN SUPPORT OF THE MISSION, GOALS, AND ACTIVITIES
4 OF THE FRANCIS LAND HOUSE
5 WHEREAS, the Francis Land House Board of Governors advises the Francis Land
6 House staff on mission, goals, and activities, and
7 WHEREAS, the current balance in the Francis Land House Board of Governors
8 Trust Fund is in excess of $9 250, and
9 WHEREAS, the Board of Governors desires to use $9,250 from current balance in
10 the Francis Land House Board of Governors Trust Fund in support of the mission,
11 goals, and activities of the Francis Land House,
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
1 3VIRGINIA BEACH, VIRGINIA, that $9,250 be appropriated from current balance in the
14 Francis Land House Board of Governors Trust Fund,
15 This ordinance shall be effective on the date of its adoption,
1 6 Adopted by the Council of the City of Virginia Beach, Virginia, on the
1 7 Of , 1994
18 APPROVED AS TO CONTENT
19
20 Walter C. Kraemer, Jr.
21 Department of Management and Budget
- 19 -
lem III-K I
RECESS TO EXECUTIJIE SESSION ITEM # 38531
Mayor Meyera E. Oberridorf ciitcrtaiiieti a motiori t(@ permit Ci@v, ('ouiicil to Loliduct its EXECUTIUE
SESSION, pursuaiii to .5ectio;i 2.1-344, (-'ode of Virgi)ii(i, a,1/2 aineiidctl, ftr tht, ft)llowing purpose:
PUBLICLY-HELD RT - Discuvvioit ,r coiivideratioli of the
coiidition, acquisitioii, or use of real pr()perty fi,i@ public purpose, or of
the dispositioti ()f publicly-held property, or of pla;ls ft)r the future of an
institutioii which (oul(I affect the value ()f pr(peri@, (,wtit,d or desirable ft)r
owiter,vhip I)y su(h iiistitutioii purvuaiit to S(,cti(,,t 2.1-344(A)(-?).
7'o-Wit: Acquisitio)i (,f 1rol)(-I-@), Vi@@iiiia II(,U,h ll,)@-ou,@h
LEGAL MATTERS, (,oiisultatioii with (ou,is@,/ @)@- bi-i(,fi)ig@s I)),,Vlaff
mernbers, coiisultaiits, or allo"ieys p,,rlaijiiiig to a(lual (,r 1)robable
litigatioii, or otht,r yl)c(,ifi( legal matl,,i-.s i,,qu,,1/21iii,@ the proi,isiolis ()f
legal advice b-v cou;is,,l purvualit to @e((ioli 2.1 344(@1)(7).
l'o- Wit: Le,@al IYsu(-.s Amj?lzitheater
Real ],,state ,Watt,-ry Vii-,@iiiia Bt-ach lioroughILynnhaven
lf(,i,(,ugh
Lake (,'ast(i;i
Upoii motiori kv Vice Mavor Sessottis, 1/2(,coii(le(i by Couii, ii I,a(l@, (,,it.y (,'oulicil voted t() proceed
iiito EXECUTIIIE SESSION (3:25 P,M.).
Votiilg: 11-0
Cou)icil Members Voting A),e.
John A. Baum, I.iliw(@od 0. Ilralich, III, Rob(-ri K. I)eali, William W.
Harri,von, Jr., I@arbara M. Iletiley, Louiv I?. Jolic,1/2, Johil 1). Moss, kfayor
Meyera E,. Oberll(i(,If, Na;lcy K. I@arker, Vice Wa),,r William D. @essomv,
Jr. atid Iouiva M. @tra-vhoni
(,@ouricil Members Voliiig Na),:
Nolle
Council Members Absciii:
Noiie
November 1, 1994
- 20 -
ITEM # 38532
May- Meyera E. Oberlld()rf RECONVENED the FORMAL SESSIoN,,f th, 1,7RGINL4 BEACH CITY
COUNCIL it, the Co.ncil Cl,,,@ber, City Iiall Buildiiig, o,i lu,'v(la,v, N(,t,ernber 1, 1994, at 5:55 1.M.
(-'ouiicil Members Preseiit:
Jolin A. Baum, l.iiiwo()d (). Ilratich, Ill, I?obc,-t K. I)ca,t, William W.
lIarri,voii, Jr., Barbai-a M. Ileiiley, Louiv I?. Joll(,.%,.fobil I). Moss, Mayor
M(!yera I,,'. OI)t@ritioif aiid Naiicy K I'ark(,r
('Ouiicil Members Abseitt:
Fice Wayor Williani 1), ';cssoins, J,-. a,,,i / (,ui@va V ';Irayh(@rti
Noi,ember 1, 1994
- 21 -
tem III-L I
CERTIFic,4TION OF
EXECUTIIIE SESSION
ITEM # 38533
UPO" motioi by Couliciltna,i ])eat'. secollded bY Coulicilma,i i....... ci y C u cil
EXEcuTll,,E SESSION TO BE IN ACCORDANCE -@ I 0 ii CERTIFIED THE
W'TH THE MOTION To RECESS.
(JIIIY pubhc busi,lc,,,s matte,,, lalvfully -e,,,Ited f,,,,n op,,, M,,Ii.,
-quir(,,Me,lls 1)), Virgillia lllw were divcuvv,,d i,, l@t,,culive
Wl'icli illis cc)-fifi(atioii revolutioll ap[,Ii,,,- to
ANJ),
OIIIY Suc-h publi, buvilles@V matter., , W,,r(- iit'litifi,,d i,, th,, motion
Coitvenilig the la,,(utive,@e@yvioll were hc,ii,l, Ii,,, or (011%i(i(-red by
virgiiiia B(,ach (',t@ (,-Oull(,it
Volitig: 9-0
(-'('urlc'l memblrs Votilg Ay,,:
Joh,, A. Ilaum, L"'wood 0. Braiich, ill, I?obert K. Dcaii, William W
Ila-i,vOrl, Jr., Barbar,, 4,f.
Ile'lley, Louiy /?. ioll(,S. D. Af(,,Y.V, Myor
M,,y ra ,,id Nalicy K I'ar4(,@
C(luilcil Members Voti,,g Ny
Noiie
C'Oulicil Menber, Ab,,,,t:
Vice Mayor Williai7i 1). .1r. alid Loui,,ti M. .@raA,hor;i
@Vovetnber 1, 1994
arsio ]U t* iott
CERI'IFICA'I-ION OF I,.@XECUTIN@E SESSION
VIRGINIA BEAACII CITY ('OUNCIL
WHEREAS: The Virgiiii@i Bczicii City ('()uiicil coii%,ciie(i iii(() EXECUTIVE SESSION,
pursuant to theiffiriiiativc @,ole rccordc(i iii I'FEM # 38531, I'@tge No. 11), @ilid ill accordance with
the provisions of The Virgiiiia Fi-cedoiii of ljilorniatioii Act@
WtIEREAS: Sectioii 2.1-344. of the (@OLIC ()f Virgiiiia requircs a certirication by the
go@,criiing body that such Executi%,c Scssi()ii A@as coiiductcd iii cotifomiity with Virginia law.
NOW, TIIEREFORE, BE i,r JIES01,VED: Th@it tlie Virgiiiia Be,,Icll City Council
hercl)y certifies that, to thc best of eacli iiicriiber's kiiowlcdgc, (a) oiil), pulilic busiiiess mattcrs
lawfully exempted from Opeii Mectiiig i-eqtiii-ciiieiits by Virgiiiii law wcre discus.@d iii Executive
Session to which this certific@itioji resoltitioii ;tpplies; aiid, (b) oiil@, sucli public business matters
as werc identified in the motioii con\?ciiiiig tliis Executi@,e Sessi()ji were heard, discussed or
considcred by Virgiiiia Beacii (@it@, (@oulicil.
uth Hdgr. ith, CMCIAAE No%,eniber 1, 1994
City Clerk
22 -
I-M
ADJOURNMENT ITEM # 38534
May- Oberndorf DECLARED the City Couiicil Mectiitg AD.JOURNED t 6:00 P.M.
Beverly 0. Ifooks, CMC
Chief Deputy City Clerk
-@E --- ----- --------------------
.th H ge,, Sit@ il(,Y,(,Ia I Ob(,,@ll,jorf
City Clerk Alay(,r
City of Virgiiiia Beach
Virgiiiia
Alovember 1, 1994
t' @i 1-gg i i -I i if I I
"WORLD'S LARGEST RESORT CITY"
(11 I Y (:OL@N(Al,
VAYOR V@.YPRA E OBE@L@@, Al L@,,,
Vl(:F @f,A@ OR WI@A.W D SESSOMS, JR Al
f(IfIN A @AC!M A@-.,h
I,INW(X)II 0 BMN(:fi, Ili, Vi,i@i.
ROBER7 K I)EAN @i@.... A,,,, &, I,
W W IIAMISON JR
IIA"A M IIEN@Y, B-,.,h
I 1)@@IS P l@)NE@
JOHN 11 Al
N AN(:@ K I'ARKER, Ali
101,FISA @l SPRA@IIORN
JAMFS K SR)RF,
f F.SLif 1, l,li,LLY I:il, All ... CITY COUNCIL AGENDA Mt)Ni(:[P@kL (ENI R
iR@;INIA BPA@:H VIR(;INIA
18114,11 4@lli
NOVEMBER 1, 1994
CITY MANAGER'S BRIEFINGS: Council Chamber - 10:30 AM
A. JOINT SERVICES - CITY AND SCHOOLS
David Grochmal, Director of General Services
B. STORM WATER ENTERPRISE FUND
Ralph Smith, Director of Public Works
II. INFORMAL SESSION Council Chamber - 12:NOON
A. CALL TO ORDER - Mayor Meyera E- Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. CITY COUNCIL CONCERNS
D. RECESS TO EXECUTIVE SESSION
Ill. FORMAL SESSION Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Ted E. David
Baylake United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1 . INFORMAL & FORMAL SESSION-0 October 25, 1994
G. RESOLUTION/ORDINANCES
Resolution to adopt the City's 1995 Legislative Package and to request the City's General
Assembly Delegation's support in the 1995 General Assembly.
2. Sandbridge Beach and Shoreline Restoration and Management:
a. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach,
Virginia, by ADDING a new Chapter 35.1 re Sandbridge Special Service District.
b. Ordinance to establish the Sandbridge Special Service District (SSSD) Special
Revenue Fund, transferring and appropriating revenues to the fund; to direct the
City Manager to budget the receipt and expenditures of SSSD funds; and, to
establish revenues of the SSSD Special Revenue Fund.
C. Ordinance to AMEND and REORDAIN Section 35-158 and 35-159 of the Code
of the City of Virginia Beach, Virginia, re the Transient Lodging Tax and
establishing an additional Lodging Tax within the Sandbridge Special Service
District to provide beach and shoreline restoration and management at
Sandbridge.
d. Ordinance to AMEND the ordinance establishing the tax levy on real estate for
Tax Fiscal Year 1995.
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1 Ordinance to ACCEPT and APPROPRIATE a $112,500 Grant from the Institute of
Museum Services to the FY 1994-1995 Operating Budget of the Virginia Marine Science
Museum re providing contractual manpower and services; materials and supplies;
additional technology; and, estimated revenue to the fund be offset accordingly.
2. Ordinance to APPROPRIATE $9,250 from the current balance in the Francis Land
House Board of Governors' Trust Fund re expenditures in support of the mission,
goals and activities of the Francis Land House
1. UNFINISHED BUSINESS
J. NEW BUSINESS
K. RECESS TO EXECUTIVE SESSION
L. CERTIFICATION OF EXECUTIVE SESSION
M. ADJOURNMENT
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)
10/27/94/bap
AGENDA\L 1-1 -94.ITM
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
,Vovembei- 1, 1994
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the 117RGINL4
BEACH CITY COUNCIL in tli(, (.(,uiicil Chamber, City IIall ltuilciiiig, on Tuesday, Vovembcr 1, 1994,
at 10:30 A.M.
Council Members Presefit:
John A. Bantu, Linwood 0. Branch, III, Robert K. Dealt, William W.
Harri,voii, Jr., Barbara M. fleiiley, Louis R.,Io)i(,s, Iohil I). Moss, Mayor
Me,yera E. OI)eriicloif and Naitc), K. I'arkt,r
Council Members Absent.
Vice Mayor @Villiatti D. S(@ssoms IEN'I'I,,'Rl,'I): 11:20 A.M.
IIANK MF@FTIN(,]
Louisa M. 11:05A.,kf.)
Vice Mayor Sessoms, being a (Corporate Officer of Central Bank, ilisc l(ived there were no matters
on the agenda in which he has a "personal i@itei-est", as d(,fiii(,d in tli(, Act, either individually or in his
capacity as an officer of Central l@'idelity Bank. 177e Vice Mci))oi- regularly makes this Disclosure as he
may or may not know of the Banks interest in an), application that tray come bef(@re City CounciL rice
Mayoi- Sesvonts'letter of,@c,[)tcnib(,i- 27, 1994, is hert,l)@ nia(l(- cl l,ai-t of the record
C IT Y MANAGER 'S BRIEFIN G
JOINT SERI,7(,-ES - CITY AND S('HOOL
10:30 A.,V.
ITEM # 38520
,@usan Walston, Director (if ParL and Recreation, adt,iyed in M(itch the City and Schools,' Collaboration
and Support Services Report was forwarded to City (ouiic ii. Ihiy report identifies cooperative efforts
during the period of July 1, 1992, to June 30, 1993, and indicates plans ft)i- new joint ventures for TY
1993-1994. 7he report advised 300 plus areas where C'ity I)epuritticitts provitie educational programs
for students enrolled in Virginia Beach Iublic Schoolv, and, 15 plus areas of adult training or staff
development provided through (,it-i organizations. Regarding the Service Areas from financial to
infrastructure, 60 plus areas ]he Depart,7ietits of libraries, I'arky and Recreation and Visitor
Development actually provide, use of their Facilities ft)r school programs. On the reverse side, the City
Organizations receive services front the School syst(!t?i. Ihere are 10 plus areas where schools have
supported Cityprograms, ie, transportation, foodseri,ices and equipi?ieyit sharing. @chools haveprovided
2 areas of adult training opportunities. @chool Facilities hai,(- been utilized by the Departments of
Conzntunity Services, Housing and Neighborhood Preseri,atioiz, Parks and Recreation, Police, Social
Services and the Voter Registrar, In the fiscal Year 1992-199.3, on(, of tlic, major facilities consolidated
was Landscape Maintenance under the Department ()f (;(,iic-ral @(-ri ices also bore the
re@vl)onsibilit)) of Records Maita,@c-int,iii ft)r the @chools, (is ii ell (i @ ili(,
Mrs. Walvtoit advised the HIGHLIGIITS of Collaboration and Support:
Parks and Recreation year-round use of Schools facilities
Finance processing of Schools payroll and i,ettilor checks
Intracity Mail
Police Athletic League
School Site Selection and Acquisition
Pei?dletoti Child Services Center
Consolidation of I,-ideo Services
ll'oter Registration and floter Precincts at schools
Conzi?iunity Action Resource Eftipoweritietit ((.4RF)
At Risk Faintly Initiative
Consolidation of Landscape iervices
Emergency Shelters
Cooperative Purchases
PXSPITE Progralit
Schools use of Pa@,ilioit
Literacy Lab
Mainframe Computer Services
Collaboration on employee benefits
Schools use of Municipal Golf Courses, Tennis ('enter, and
Conzi?iuitity Recreation Centers
Fire Education
Records Maiiagei?ieiit
Water Quality Testing
Total Quality Management Training
Recycling Services
joint City C'ouitcillSchool Board Meetings
Ei?zergeticy Medical Services statidkvs
Teeti Library Club
ll'irginia Marine Science Museui?i Teacher Adi,isory Panel
Substance Abuse Services for stadttits
Microcomputer Training
4-H Programs at Schools
Library Survey of Teachers and School Librariativ
Museum Teacher li'orkshops
Telephone Directories Listings
Drug Abuse Resistance Education (DARE)
Child Protectiopt Seri,ii-es Training
November 1, 1994
- 3 -
CITY MANAGER'S BRIEFING
.IOINT SER LICES - CITY AN[) S(-'HOOL
ITEM # 38520 (C,otitiiiuett)
Re Cooperative PurchaNes and Mainframe Computer Services, Mrs. Walvton advised the Finance
Department through the Purchasing I)ivivioii oversees the contract ft)r microcomputer systems and
receives bids for both the City and School system. late Heatijig and Automated Fuel Contract was
consolidated for lower fuel prices. Cost savings were not included in the report. 7'he Information
Technology Department provides nzicrocontputer training, telephone and t?zainfranie computer services
(payroll, personnel and fit2aticial assistance).
David (;. (;rochmal, Director of Central Services, a(ivi.@(,(l (ift(-i trit,ciiiigs, the City Manager and
the School Superintendent, fziializ(-,l in Angus( 1994, th(, A't,@, Initiatives for City and Schools,
Collaboration and Support
1. Purchasing of large volume or high cost items.
2. Risk Matiagei?teiit Administration
3. Use of fueliitg,fticilities
4. Headylart Program.
5. Technology Repair and Maintenance.
6. Library Collection Development and Technology Networking
7. Loaiiing qf Supplies and Equipment.
8. Joint Mailifig.
7'here is a recommendation ft)r a (otiti7tiUee of City and School Purchasing Agents to develop a
confidential list of all possil)l(,.joitit purchases.
As a pilot program, the City has reached an agreement with the Schools, Transportation Division. !his
division will begin sending by December First approxintately 75 school buses to fuel at the Landstown
site. Mr. Grochmal is currently reviewing the Headstart Program to determine methods to improve and
(!xpaiid this program.
One of the goals of the Itifornwtioti Systems Plan is to develop a wide area network through fiber optic
for all City and 5cl7ool Facilities. 'Iht, Infornwtiott Technology ('ottii?iiUee is developing an PFP for
prospective providers of the fli.@t ph(isi-, which would compris(, til)l,l-()xini ((,/@ 27 school locations.
Coticeriiiii,@ Library Collectioii, o)j(, of th(, latest co@i[)(,i-atii(, (,Jjii,is is tht, "Jump Start Program"
involving elementary scliooly. ]It,, ('it)@ hopes to pilot in Ili(, Schools' Libraries an on-line access to
periodicals. These are currently aveiilublc- through a ittic,ro-f'iltti process. National and international
services provide periodicals thiou,@h on-line coinpult,r procedure. Ili(, (ost would 1)(, the same as the
microfilm yvvtem.
@l pilot program is being developed encompassing sei,cral s(hools. @lti iiii,eittory is being conducted
relative supplies and equipment "@Iiit ii could be loaiieil. I'atti l,iiigit,, Director of Ilublic@ Information, and
Boniiy l,iyherfrom the @clie)ol.@ Iii.ff)rtn@ititii Offiti! hai,c ttiscuv.%(-(i ajoiiit nailing at least oticeyear and
(in annual citizen suri,ey.
]he Vayor extend(@d apprctiutioii low?-. (,rochtti(il and A4rs. Mi-, (;rochtnal is currently working
with the @choolv on recycling foritzv. 17it, Munk side of tlt(, foi-iti iN utilized 1)1, th(, (;rade @tud(@rits
to practice their writing.
November 1, 1994
- 4 -
CITY MANAGER'S BRII@'FING
STORM WATER ENTERPRI,5k' FUND
ITEM # 38521
11:12 A.M.
I?alph @mith, Director of @blic Works, advised in March J09,@, the department was tasked with
implementirig the newly establivhed 5tortyi Water Utility Enterprise Fund.
Mark Johnson, Project Manager f(ir I,,tigipieeritig and permitting - (.'ity's @formwater @ystem, advised his
portion of the presentation would focus on Management and litiprovenzent of the City Municipal
Separate Storm Sewer Systenz (MS4'S). 7he City.v Yvst(,m consists of local systems made up of streets,
itilets, pipes and ditches, which discharge storinwater to Ili(, primary kvstetiz, comprised of tunnels, canals
and structures. Ihe southern portion (?f the City is pri.7i(iril '@, st-i-i (,@/ 1)), all open channel or ditch system,
whereas the northern developed portion of file Is I)i@ all underground pipe system
(approximately 88 square miles). The, Storm Water Management 'itudy col7ipl(,((,d in 1987 divided the City
into 31 )Vatersheds, which discharged storm water to mujor m,ater.N. Them receiving waters consist
of Broad Bay, Lynithaveii River, Eastern Branch Eli,,,abeth River, North Landing River, Back Bay,
Little Creek Reservoir, Stumpy Lake, Atlantic Ocean, and NorfoIA- Lakes. III(, City is also required to
manage storm water I)y l,ed(@r(ii ati@l State regulation,%.
FEDER,IL
Water Qualit), Ali (198@7)
,Vatioiial l'ollutaitt I)isthai,@(, l@littiiiiatioit
@@lst(,tri (NI'I)ES)
S TAf L'
l@l-osioii a)td Sedilii(,iii (control l,a@)
Chesapeake Bay li,escrvatioii /let
Virginia @torm Water Ma)iagetneitt /let
LOCAL
Storm Water Maiiagt,,ttl(,iii Ot-tii@teiiict,
(,'Iicsapeake flay
.@outherit Watershetiy Oi-(Iiii(iii(t,
l@,rosioit and Sedim(,iiiatioit Coal,
1,7(@f)d I'laiii Rcgulatio;i.%
Zoning Ordi)iaiict,
.@it(@ I'laii Ordiiiaiic(,
.Subdivision Regulations
.@t(@rm @ew(,r Silst(,t?i I)ischa@ @t- Orcliiiuii((,
the NPDES Perr?zit Regulations b(isicall), reqi4irt, tht- ('it@, to (I(,i @,lor) ci (comprehensive Storm Water
Ma?iagenzeitt Progratyi to rcducf@ th@, discharge of pollutants 1)@ storm water rutioff to the waters of the
Uiiited.@tates to the maximum txt(,iii pra(-Iicablc frotti conittit-i-(ii @iii(i r(,.@ieteiitial areas, illicit discharge
and improper disposal, iii(luvtrial fac iliti(@s and (@)iistrut note Ili(, i-(,,@ulafioiis also require the City
to develop a stort?i water nioiitoritig program to t'lieir(if i(li @Z(l Gillette K,(Ilc,l- lull (Iff.
NPDES PERMIT ST4TU'.';
Submitted permit application to V'irgittia Department Of
Etivirot7t?ieiital Quali@v (DEQ) in Noi,eitiber 1992.
Received [)raft permit front DEQ in .Itd,@tist 1994
Draft permit Currently under Ret,iem,
,Vovember 1, 1994
5
CITY MAN,4GER 'S BRIE FIN G
STORM WATER ENTERPRISL' FUND
ITEM # 38521 (Contained)
The FY 1994-95 Storiii Water Capital Iniproi,eitzeyit Prograt?i @ ofi.%ists (@f 21 Projects at a total cost of
$32,603,563.
Mr. Johnvott cited projects in th(, Storipi Water Capital Iltiprow,ciiieitt Prograill:
ONGOING PROJECI'.5
2-020 Various Drainage lml)rot,(,nit,iiis (12 Ictiv(,)
2-183 .@torm Watei- Qualill@ l@lithait@ (,Iti(,iits (4 At fit,(,)
2-113 @t@)rm Water @),steni 1'eirtiii
PROJECTS IN YE.4RS 2-6
2-145 rt-ii(@ Av(-nuc - Baltic (Itirtial)
2-022 (,)(:caiia (;urtle@is ],,list
Currently, there are 16 active projectv, and 8 projects under construction. ]he Stunipy Lake Drainage
Project is not depicted, but was coinplcte(i last year. 7li(, current stort?z water backlog consists (if 13
projects comprising $34-MILLION. 7li(,sc projects will I)t, (It(, at lit,(, program based on priority
and funding availability.
Art Shaw, Operations W(irks, a(l(ir(,.%s(,(i (li(- of Maintenance and Operation.
Maintain Roadside Ditches
Maintain Lead Ditcht.,sl('aitals
Flood RespoitselClear Debris
Bank Stabilization at Structures
Repair Cave-lits at Storin Water Strut!ttires
Install Storni Water Pipe
Inst,alIlRepair Storiii Basins and Drywells
Clean -Out of Iitortiz Basins and Pipe
Maintain RetetitionIDeteittioit Poiidv
Maint4ain Dat?tslSpillways
Clean-Out of OillWater Separatorv
Itispect BMP Facilities
Maintain 'itoriii Water Putyip Stations
FY 92-93 FY 93-94 FY 94-95
Funding Approved S2,725,99,@ $3,74,@,460 @3,823,756
Funding Requested $3,512,84,@ S4,.il4@O-@8 $5.014,329
Positions Approved t)o .53 51
Positions Requested 00 58
(FTE) I
Storni Water deficiencies and rt-quests ft)r scrl,,i(:es fr(@tti (ifL(,ii.s ii,, oiistafitlv increasing. Fifty percent
of the drainage facilities or(, (ii (,r tm,eiity-yearv old.
Novctnber 1, 1994
C17'Y MA NAGE R 'S BR I E FIN G
STORM WATER ENTERPRISI@.' FTND
ITEM# 3852I ((.oiitijiucti)
Facility Quantity Estimated Vidue MaintlInvIInspICosts
(2.5% of Value)
Catch Basins 28,380 11, 352. Oe)o 283,800
Lakes & Ponds (14-? li I ) 17 ('i@ (100,228,-'O(I) (2,7.30,700)324,630
12.984, @00
Pipes 1,00e) ml, e@vi. 501,6t)O, 000 12,540,000
Culverts 57 mi. 18,289@50o 457,238
Road Ditches 600 mi, 79,200, 00@) 1,980,000
Off-Road Ditches 188 rtii. -19,71-9, @100 744,480
BMP's (943 I'vt) 423 (,'it'l, (7,0 72,.5@)O) ,', ],-2,500 (17,681) 79,313
OillWater Separators 40 640, Ot)O -@2,400 (actual)
DamlSpillways 5,667,700 141,693
TOTAL 16,573,554
Mr. Shaw displayed the slid(, d(,I)icti@ig flie Work- Order Tretidv. l,'iy(al Year 1994-95 is projected to be
approximately 4,900, m)liich depicts i co@iti;iuous iiicr(,ast, iii tlic, (iiizt,iis'r(,quests ft)r service. 7he white
bars represe;it the (-'ity',y abilit@, to P(,(i(i (Cot?zpleted work ordt,,r.N) h v,e been made t-ach
@,ear.
RI,-SPONSE -- LE IIEL OP' SJF'R I I('E
Major Tasks Current Deitwiidlpreferred
Maintain Roadside Ditches 26 mo. average 18 mo, average
Repair Cave-ins 120 days avg. revpo;ise lini(, 60 days avg. response time
Clean -Out Basins &pipe 45 days average rc.@poiist, tiiti(, iO flays average response time
Maintain RetentiotilDeteiitioit
Ponds
Clean-out OillWater Volithl@
Separators
('iirretit AcconiplishnietitA
Effective use of (urretit Funding
Created Automated Work Order Procesvitig Systei7i
Iiistallitig liti,etitory maintenance I?Iaiiagetrii,iii s-vsti!iyi
Broadened Maintenance Inspection Progrciiii
Created Ctistoi?ier Service Orgaiii,7alioti
Optinzi,,ed use of Contracts and (,otitra(i Itibot
Adopt-A-"Iaterwa.v Program
November 1, 1994
C17'Y MA N,4 GE R 'S BR IEF ING
S7'ORM WATER ENTERPRISE FUND
ITEM # 38521 ((,otititiiied)
Mr. Shaw cited the Contract Iali4e as a 1erc@eritage of Storiti Water Maintenance Budget.
I,T 1992-1993 15.22% of Budget
f,'Y 1993-1994 41.52% of Budget
PY 1994-1095 44,2 '7(, of Bu4@(,t
Charts depicted Customer Det?wiid versus (.apability and Forecasted Resource Requirements which
reflected Customer Demaii(l, Backl(@,@ Maiiage?rient, Otht,r (and ('umulativ(,.
Phil I)aveiiport, Admiiiistrator t,s (,o-(,r(iiiiator, (iivt (li(, Customer Service and Financing
Aspect of the @form Water Utilit@
BILLING HI.57'ORY
December 1992 Council Approved Fees
March 1993 Public Works Assigned Billing
Responsibility
May 1993 Advanced Notification to Citizens
June 1993 First Bills Seat
BILLING ICCOMPLISHMI@.,N']'.Ii
Increased Nutnber of
Improved (collection Rat(,
I?educed,4ddres,y 1r(@bit,nis
(computer Link to ']'cix
Reduced 1el(@phoyit, ('ails
STORM WATER UTILIT)' f,'L',N'l)
Fiscal Year 1993 - 1994
Budget Unit Budget Amount 7otal Obligations Unencumbered
Balance
Program 470,113 424,444 45,669
Management
Customer Service 217,121 202, -iSS 14, 733
Operations & 3,77,5.8-@- 3,77@5,057 7,@O
Maintenance
BMP Inspections 70,595 80,450 (855)
Capital Projects 1,700,000 1,700,000 0
6,242,666 6,182,339 60,327
Other Costs 1,358,21-) 959.-14,@ 39,@, 964
TOTALS 7,600,878 7,141,587 4@59,291
November 1, 1994
8
CITY MAN,4GER'S BRIEFING
STORM WATER ENTERPRIS1-,' FUND
ITEM # 38521 ((,otitititied)
STORM WATER UTILITY FUND RET@ENUE SCHEDULE
Fiscal Years 1994 & 1995
Fiscal Year 1993-94: Budget Actual Unbudgeted Revenue
Revenue Category
Storm Water Fees .5,300,878 5,791.1-19 490,251
Interest 0 84,241- 84,247
T 2,,300,000 2,, 98,124 98,124
Reimbursement
TOTAL 7,600,878 8,273,500 672,622
Fiscal Year 1994-95: Biitlget Projet:ted Utibtidgeted Revenue
Revenue Category
Stortyi Water Fees 5,3-?5, 01 6,000,000 644,989
Interest 0 @4,24 - 84,247
IDOT 2,3t)O. 000 2,,300,000 0
Reimbursement
TOTAL 7,655,011 729,236
PROJECTED NET BUDGETARY
BA NCE AS OF JU,'Vl,, 10, 1995
Projected Balance
FY 1993-94 Budgetary Balance 459,201
FY 1993-94 Unbudgeted Revenue 072,622
FY 1994-95 Projected Utibudgeted Rei,etiue 1'29.2-@6
Projected Net Budgetary Balance 1,861,149
Mr. Davenport outlined th(, FY 1994-9,5 thrij FY 1999-00 1'rojected Revenues and the Proposed
Budgetary needs.
Ralph Smith, Director of lublic IV(,@ks, advised information li(i@ ft)rwarde4i relative Storm Water
Quality Prograi?zs. 77ie City has (,Iinii)i(ited 82 illicit discharges Iul@ 1, 1993, July 1988, 1300
BMP'S have been established. a@-(, 13 r?zajor CIP Projects @-3,4-MIILION, not funded
in the current 6-year Prograi?i. Ij t)i(, ai)(@ragc, funding 1)c,i 1 ('a) @,/ iii(, 6-);(,ar program is examined, this
will necessitate 18 years be),oii(I the current prograitt b(,.foi-t, l@i-oj(,cis are currently funded. A $].]-
MILLION gap was discussed in tht, (:al)acity versus d(,ttiaiiti aii,l a $5.1-MILLION funding proposed
over a three-year perio(i as lai-t of the Budget to arrive at a 60-day backlog.
Implemeiiiatioi7 of the utilit), I,(,(, aii4i fuiids received @ (-i (Iffe(lively, by the members of
City @taff presciiii?tg this itifortii(itioii to ("ity
(concerns were axpresved re rural areas, i.e. I'Ullg(, Slioul(i fi(it /)C seat for imperviouv
services when the owners 1?i-oi,i(l(- th( (haiiiag(,.
(:it-v Council requesteti tiny it(,i)i for further Iii, (iii(i (tis(usvioil by City Coun(,iL
November 1, 1994
9
ITEM # 38522
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the l@IRGINL4 BEACH CITY
COUNCIL in the Council (,hatnb(@r ("it-)) liall Building, on Novt-itil)(,r 1, J994, at 12.15 I@M.
Council Members 1resent:
John A. liaum, l,iiik@ood 0. Ilraiicli, 111, K. I)eaii, William W.
Harri,@oii, Jr., Barbara M. Henley, Louiv R. Jones I,)hii 1). Moss, Wtiy!()r
Mc,yera P,'. Ob(-i-)i(iorf, )Vaii(v K I)arAcl-, Vic.("Wii @ o' @@"illic4til 1). @l;(,Sso"is,
Jr. and Louiva Al. @tieivhoi-ii
Council Members Al),veiit
None
,Vovember 1, 1994
- 10 -
ITEM # 38523
Mayor Meyera E. Oberndorf entertained a motion to permit to conduct its EXECUT@
SESSION, pursuant to @ectioit 2.1---344, (,ode of Virginia, us (it n(-itd(,d, ft)r tl7t, following purpose.
PUBLICLY-HELD PROPERTY.- Discussioii ,i (-oitsideratioit of the
condition, acquisiti(iii, or use of real pi-ope@ I 'i J(,t- public purpose, (,r of
the divpovitioii (If publicly-held property, or oj I)Iuiiy ft)r the fuiur(, of an
institution which could affect the value of prol)(,i-t@ ova,iied or desirable, for
owrier.vhip /@v @u(-h institution purvua;if to,@(,(Iioit 2,1-344(A)(3).
l'o-Wit: @l(qt4iyitio@i of 1ropei-ty - Virginia lit,ach llf)),ough
- Ilavvi(it, I;oi-(,uqh
- lypiiihai,,(,ii l@,,@ou,@h
LEGAL MATTERS: (consultation with le,@ai ct)uii.N(,l oi- briefiii,@.y by, staff
members, consultants, or attorneys P(.)-teit .)II.it,@ I(' (actual or probable
litigation, or other @pecific legal 7ialt(Ir.@ i(,(Iut,sli)ig /it(, I)r(il'i.Yiorls (@f
legal advice b-% couii.@(@l pui-.Yuaiit to S(,(Ii@)ji 2 1 @44(,I)(7)
7'o-Wit: Legal - Amphitheater
- Real restate Virginia Beach BoroughlIynnhaven
- Lake (;astoii
- ljool (corrosion
Upon motion by ViceMayoi- Seys(itn.@, secoii(icil by (,(@uit(il @it(4@tlioiii, ('i@ (outi(il votedtoproceed
i)ito EXECUTIII'E SESSION,
Voting: 11-0
Council Members Voting A@,(,.
John A. Baum, Linwood 0. Branch, 111, Robert K. I)ea)i, Williairi W.
Ilarri.vt)ii, Jr., lia@-bui-a M. Henley, Louis R. Ioiies, John I). Voss, May(@r
Me -Vera I,. Obe"icloif Naiicy K Ilarkt,r, Vic(, Mu @ (,r @Villiam I). @essoms,
Jr. and Louisa M. @ti-ayhorit
(council Members Voting Na.@'.
None
Council Members Absent:
None
November 1, 1994
FORMAL SESIO\
L,'IRGINIA BEACH (17'Y ('O[,'N('IL
November 1, 1994
2:00 P.M.
Mayor Meyera F. Oberndorf called to order the FORMAL SESSION ()j the llIRGINL4 BEACH CITY
COUNCIL in the (council Chattibcr ('it), IIall Building, (,ii 7u(,v(i@i\, V(ii (,tnbt,r 1, 1994, at 2:00 PM.
(council Members Iresent:
John A. liaum, Linwood 0. Branch, III, Robert K. I)eaii, William W.
Ilarri.yon, Jr., liarbara M. Ileitley, Louis I?. Jones, I()Iili I). Mosv, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vi(@e Mai,oi- William 1). @esvomv,
Jr. and Louiva M. Stravhorii
(council Members Absent:
Noit(,
INI-'OCATION Reverend led E. I)avid
Baylakt, LTiiif(,d Me(ho(list (church
PLEDG 7'0 TIIE L@,4 OF THE UNII-I,,I) STATES OFAMERICA
,Vc)vember 1, 1994
12
Ltem III@L
CERTIFICATION OF
EXECUTITE SESSION
ITEM # 38524
Upon motion by Vice Mayor ';(,ssoms. sccopided by Council La(l@,.';Irayhorri, ('ity Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE W]7'H THE MOTION TO RECESS.
Only public business matters lawfull@ fio,7i OI)t@ii Meeting
requi .rements 1)), Vit-,@iiiia law were discus.%e@l iii IIxccuti@,e ';t,s.%ioit to
whicl? tiny t-(@rtifi(atioFi @-csoluti(iii al)pli(,.@@
ANI),
Only such public business matterv a.% were i@i(,iilified in th(, motion
converting the Executivc, Session wcrf, h(,ar(l, or (.o)lsid('r('(i by
Virginia Bea(h ('il@ ("(Iulicil.
Voting: 11-0
(.'ouiicil Members Voting Al@lt-
John A. Baulii, l,iiiw(@(id 0. Brai7cli, 111, I?ol)crt K. I)eait, William W.
flarri,voii, Jr., lfarbara M. Ileitley, Louis R. Iol7ii D. Mosv, Mayor
Meyera I,. Oberndorf, Naiicy K Parker, Vic-(- Ma,@ or William I), @@cs@yoms,
Jr. and Louiva V. Stiavhoi-@i
Council Members Voting Nu-y:
None
(council Members Absc)it:
None
,Vovember 1, 1994
jet]
CEIt'I'IFI('A,riON OF ll--Xi@'CUTIN!F: SESSION
VIRGINIA BEI,kUfl ('I-I-Y C-OL@N('11,
WHEREAS: I'lic Virgiiii@i Bc;.icii City Council COII%CIICLI into EXECUTIN'ESESSION,
pursuant to the affirniitive vote rccoi-ilc@l in ITEM # 38523. 1);iL"c No. 10,:tiid in accord;incea,ith
the provisions of Ilic N'irgiiiia Freedom of'ini't;i,ntatioii Act, ziiill,
WHEREAS: Section 2.1-344. of the ('olle of Viigiiii@i requires a certification by the
governing body that such Executi%,c Session wts conducted in coiiforriiity with Virginia law.
NOW, THEREFORE, IIE I-[' 1'.ESOLN'ED: -Fli@Lt the Virginia Bc@ich City Council
hereby certifies that, to the I)cst of cztcfi niciiil)ci's knowledge, (zi) ojil@, public business matters
IziNA,fully exeniptedfroni Open Meciiiigieqtiijciiiciits b\l Virginia [:IW K\'CIC discussed in Executi%,e
Session to which this ccrtifi@i(ioii icSoilltiOll @ippliCS@ @II]LI, (111) o]]IN @ucii public business matters
;is were identified in the motion tlii.@, ExCCLI[i%C SCSsioii @@,cre heard, discussed or
considered by Virginia Bezicil ('it\, Council
R'uth Hodges Smith, CMC/AAE
City Clerk No\,cnil)cr 1, 1994
13 -
Ltem-iii @l
MINUTES ITEM # 38525
Upon motion by Vice Mayor @essottis, seconded by Council Lu(l)@ Iai-ker, (,'itv Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONV of Not,eitiber 1, 1994, AS CORRECTED:
Typographical error, Page 23, ITEM # 38504
Ordinance authorizing License Refunds in th(, a,7iouiii of @,013.92
$64,973.50 upon al)l)iic@atioit of certain I)e)-soiis (i)i4l upon Certification of
the Commis,@ioii(,r of tli(, Reveiiuc.
Votill,g: 11-0
Council Membery Voting 21i@c.
Joh@i A. l@aum, l,iitw(iod 0. I@raiich, III. I?ol)ci-I K. I)caii, William W.
Harrison, Jr., liarl)ara M. Henley, l,ouiv R. Joti(,.%, Jolill 1). Moss, Vayor
Meyera P. Oberndorf, Naiicy K Ilarker, Vice M(o or Willititii 1). ,;e,.YNoms,
Jr. and Louivci Al. .@ti-avhoi-ii
C(iuiicil Members V(@iiiig N(i),,
Noii(,,
(-'ouiicil Members Absent:
None
,Vovember 1, 1994
14
Ltetn III@L
RESOLUTION ITEM # 38526
Lou I'ace, 1908 Hunts Neck Court, I'hoiie: 468-0925, YpoA-(, in OPPOSITION
Upon motion by Vice Mayor @ess(inis, second(-(] by ('ouii(ilttiait Moss, (:it.), Council ADOPTED, AS
AMENDED*:
Resolution to adopt tht, (,ity,v 1995 Legislativc, lockage and to request
the City,v (;e@i(,i,al Isscmbl), I)clegatioii'.y sul)l@,,it iii tlic- /99.5 (;encral
As.vembl3,.
*(Route 44 Toll Issue Ret?zot,ed front the legislative Pack-age)
City Council uiiderstaiitiv th(,st, tolls or(, to b(, ,I Resolution vhall be
,@CIIEI)ULEI) ft)r the City Council @c,ssioii to the (;eii(,ral i(i th(, continued funding of
Route 44, following the rem(@val of tolls. Sound attenuation hot rii,r.%, the Witchduck and Roseniont Road
Interchanges need to be ad(irc.@s(-@L
Votill,g: 10-1
Council Members Voting @@ c,
John A. Bantu, l,iiiw(@od 0. Branch, 111, Williatti W. Ilarris()Il, Jr.*,
Barbara M. l,ouiv R. Joiiev, John I). Alo.@s**. A4ayor Meyera E.
Oberndorf, iVa@ic)@ K I'arker, Vice Mayor @Villiuitt 1). @essoms, Jr.* and
Louisa M. Strai,hotii
Council Members Voting N(i@).
Robert K. Deu)i
Council Members Absent:
None
*Vice Mayor 5essoms and liai-i-ivoti vott@d a l@FRB,-IL ,V.A Y on th(, ivsu(, re Constitutional
amendment to allow an elected school board with taxiitg power.
**(,'ouiicilinan Movv ioted a L@FRBAL IVAY on the iysti(, i-(, lost l@bor Da-v School Opening.
November 1, 1994
1 A RESOLUTION ADOPTING THE CITY'S 1995
2 LEGISLATIVE PACKAGE AND REQUESTING MEMBERS OF
3 THE CITY'S LOCAL DELEGATION TO THE GENERAL
4 ASSEMBLY TO SPONSOR AND/OR SUPPORT LEGISLATION
5 THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES
6 SET FORTH THEREIN
7 WHEREAS, City Council traditionally adopts a package of
8 legislative goals and objectives of the City and requests members
9 of the City's local delegation to the General Assembly to sponsor
10 and/or support legislation to carry out these goals and objectives;
11 and
12 WHEREAS, City Council has considered a number of goals
13 and objectives for inclusion in the City's 1995 Legislative
14 Package.
15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17 That City Council hereby adopts the City's 1995
18 Legislative Package, which is attached hereto as Exhibit A and is
19 hereby incorporated by reference.
20 BE IT FURTHER RESOLVED:
21 That the members of the City's local delegation to the
22 General Assembly are hereby requested to sponsor and/or support
23 legislation in the 1995 Session of the General Assembly that would
24 carry out the goals and objectives of the City as set forth in its
25 Legislative Package.
26 BE IT FURTHER RESOLVED:
27 That the City Clerk is hereby directed to transmit a copy
28 of this Resolution to each member of the city's local delegation to
29 the General Assembly.
30 Adopted by the Council of the City of Virginia Beach,
31 Virginia, on the day Of November 1994.
32 CA-5758
33 ORDIN\NONCODE\LEGPACK.RES
34 R-1
35 PREPARED: 10/25/94
.... . .
.. :11 @
, z @: :; z:
1"5 LEGISLATIW PACKAGE
FUNDING ISSUES IN PRIORITY ORDER
1 Request $5 million to fund the construction of the expansion of the Marine Science
Museum
2. Request $458,950, which is 50% of the cost, to relocate the Pendleton Child Service
Center.
3. Request $5 million for partial funding of the Hurricane Protection Program.
4. Request for the State to pay the City's share of the cost of establishing the new family
court system, if the system is established. The total local cost is estimated at $800,000.
STATEW]IDE FUNDING POLICY ISSUES
I . Request for full funding of education and full funding of any mandated teacher salary
increases.
2. Request for full funding for State Aid to Libraries.
3. The Commonwealth is requested to include funding for Constitutional Officers' fringe
benefits which was deleted for fiscal year 1996 during the adoption of the current
biennium budget.
OTHER ISSUES
1. Post Labor Day School Opening
2. Constitutional amendment to allow elected school board with taxing power.
3. Recordation of Plats for Public Purpose Uses
4. Liquidation of Assets of Dissolved Corporations
5. Virginia Indoor Clean Air Act
6. Relief from E-911 Tax
7. Auto Decals for Survivors of Disabled Veterans
ADDENDLTM PUBLIC SAFETY PACKAGE
2
LOCAL FUNDING ISSUES
IN PRIORITY ORDER
3
VIRGMU MARINE SCEENCE MUSELTM
The Virginia Marine Science Museum is the most heavily visited museum in Virginia.
The City is embarking on a $35 million expansion of the facility, which will greatly increase the
facility's appeal as a tourist attraction and as an educational facility. Of the over two and one-
half million overnight visitors, who come to Virginia Beach each year, a large majority of them
visit the Virginia Marine Science Museum. It is expected that the expansion of the Virginia
Marine Science Museum will generate several hundred thousand additional visitor days. This
will increase the amount of direct tax revenue to the Commonwealth over the approximately $20
million that is now generated from tourism in the City.
RECO NDATION
The General Assembly is requested to appropriate $5 million to partially fund the
expansion of the Virginia Marine Science Museum. The General Assembly in the past has been
extremely generous in support to the facility and this will continue the partnership that exists
between the City and the Commonwealth on this facility
4
PENDLETON CHILD SERVICE CENTER RELOCATION
The Pendleton Child Service Center has been located on the Camp Pendleton State
Military Reservation (SMR) since its conception in the mid-1970's. The City is being required
to relocate the Child Service Center off of the SMR. Total cost to relocate the project is
estimated at $1.4 million.
RECO NDATION
The General Assembly is requested to provide $458,950 as the State's share of relocating
the Child Service Center. The Child Service Center is a Certified Group Home, and is eligible
under the code for the State to provide 50% of the capital costs. The additional costs will be
home by the Cities of Virginia Beach and Chesapeake.
5
VIRGMU BEACH HURRICANE PROTECTION AND EROSION CONTROL PROJECT
The City has been working with the Corps of Engineers for a number of years to receive
Congressional authorization and funding for a Hurricane Protection and Erosion Control Project
at the oceanfront. This would be an expanded beach and dune system from Rudee Inlet to 89th
Street, include a new bulkhead between Rudee Inlet and 58th Street, and a new boardwalk
between Rudee Inlet and 40th Street. The project would also include relocation of the existing
interior drainage system; with the stonnwater disposed of through submarine pipelines. The
City will expend approximately $70 million on the resort streetscape improvements; and the
Hurricane Protection Project is needed to protect those investments. Also, the new beach, which
will be higher and three times as wide as the existing beach, will increase Virginia Beach's
preeminence as a vacation beach on the Atlantic seaboard. This will allow the City to better
market itself, and also, will produce extended stays, which will generate additional direct tax
revenue to the City and to the Conunonwealth.
RECOMMENDATION
The General Assembly is requested to appropriate $5 million in funding over the
biennium for the Virginia Beach Hurricane Protection and Erosion Control Project. This project
is now currently estimated to cost approximately $88 million with the City's share at 35 % of this
figure. State assistance is justified to assist the City in protecting the investments already in
place on the oceanfront, and to increase tourism in Virginia.
6
FAMI]LY COURT SYSTEM
The State may initiate a new family court system. This will require the addition of new
court and office space where these services will be provided. The City has just completed the
construction of the $32 million court complex and it is appropriate that the State pay for capital
costs of this new mandated family court system.
RECOMMENDATION
The General Assembly is requested to pay the local capital cost of $800,000 necessary
to provide the appropriate space for the new family court if it is established. This would include
court rooms and office space, etc. The cases are currently handled within the existing court
rooms and office space. However, by creating the court system, the State is establishing a new
tier in the justice system, and it should not be the City's responsibility to provide office and
court space for this mandate.
7
STATEWIDE FUNDING ISSUES
8
EDUCATIONAL FUNDING
Although the General Assembly provides funding for its share of the Standards of Quality
(SOQ), all jurisdictions throughout Hampton Roads contribute a much larger amount than is
required by law on a per pupil basis. Furthermore, many localities, especially Virginia Beach,
are required to provide capital facilities without anv assistance whatsoever from the
Commonwealth.
RECO@NDATION
The General Assembly should fully fund the Standards of Quality (SOQ) without any
unfunded mandates for teachers' salaries, nurses, or other requirements. Furthermore, the State
should begin a program of funding the costs of capital facilities necessary for educating the
children of the Commonwealth.
Finally, the General Assembly is requested to examine increasing the Standards of
Quality (SOQ) to reflect actual expenditures by Virginia localities. Many Virginia localities
greatly overspend the mandated SOQ amount in order to provide a quality educational K-12
system. The Commonwealth should acknowledge the need to raise the SOQ along with state-
funding.
9
STATE AED TO LIBRAREES
The Connnonwealth provides direct grants to localities based on a per capita basis under
the category of State Aid to Libraries. This money is used for the provision of higher quality
library services than would otherwise be allowed through only local revenue measures. The
Commonwealth in the past has proposed cutting State Aid to Libraries and the City is extremely
concerned this may be proposed during the 1994/1996 biennium.
RECO NDATION
The General Assembly is requested to maintain a full funding for State Aid to Libraries.
This will allow the City to continue to provide books and other reading materials through the
use of this fund in the ever growing Virginia Beach library system.
10
OTHER ISSUES
11
POST LABOR I NING
The Code of Virginia currently requires Virginia school systems to open after Labor Day.
Variances can be given by the Secretary of Education to allow school systems who are affected
by severe weather or for other reasons. The post Labor Day school opening requirement has
increased tourism within the Commonwealth and increased employment opportunity for students
who work in the Commonwealth's many tourist attractions. A change in the post Labor Day
school law would be detrimental to tourism on a statewide basis and would be especially harmful
to the City of Virginia Beach.
RECOMMENDATION
The General Assembly is requested to retain the requirement that schools not open until
after Labor Day. The Code does allow for variances to be given to school systems who have
severe weather in the winter, wherein the post Labor Day school opening would require the
school calendar to extend further into the month of June than would otherwise be needed. This
request is made because of the importance of tourism to the economy of not only Virginia Beach
but the entire Commonwealth.
12
CONISTMJTIO TED SCHOOL BOARD WITH
TAXING POWER
Virginia Beach and a number of other jurisdictions across the Commonwealth will soon
be electing school boards. However, based on the experience in other states, elected school
boards that are not responsible for the financing of the decisions they make are not ftlily
responsive to the public. Fiscally autonomous elected boards with the power and responsibility
to raise the revenue needed for programs that they propose are seen as a much more viable and
responsible way for the public to be represented.
RECO NDATION
The General Assembly is requested to begin the process to amend the Constitution of
Virginia. The Constitution requires two succeeding sessions of the General Assembly must
adopt a resolution on a constitutional amendment before the issue is then put before the voters
at the November election following the second approval of the resolution. The constitutional
amendment will not spell out, in detail, the exact limitations of the taxing power as this is done
in the enabling legislation usually passed after the constitutional amendment has been approved
by the voters. A constitutional amendment such as Senator C.A. Holland's Joint Resolution 17
of the 1993 Session is a very workable starting point. Senator Holland's resolution would
require independent school debt to have the same limitations applicable to county/municipal debt,
would provide by general law how the debt liinitation should be allocated between the debt of
the independent school division and the debt of the locality, and would require the voters of each
area where elected school boards with taxing power are proposed to approve such authority
through referenda. Therefore, It would require the General Assembly approval in two
succeeding sessions of the resolution authorizing the referendum question on this amendment to
the Constitution to allow elected school boards with taxing powers. Then, for enabling
legislation to be adopted by the General Assembly, and fmally for each locality to have its voters
approve taxing power being given to school boards before it could be utilized.
13
RECORDATIOP
Under present law, only streets and easements for public passage may be dedicated to
localities by plats. Other types of easements, such as for water, sewer, and drainage purposes,
must be dedicated by deed. This procedure is cumbersome and, but for the fact that it is legally
required, unnecessary. It would streamline the subdivision review process, both for City staff
and development interest, if utility and drainage easements could be dedicated to the City by
plat.
RECO IWNDATION
The General Assembly is requested to amend the Code of Virginia, Section 15.1-478 to
enable but not require localities to provide by ordinance that water, sewer, and drainage
easements may be dedicated by plat. "Dedicated" could be to the locality itself or to a person
or entity designated by the locality. The recommended wording is as follows:
15.1-478 Recordation of plat as transfer of streets, termination of easements and iights-of-
way, etc. -- The recordation of such plat shall operate to transfer, in fee simple, to the respective
counties and municipalities in which the land lies such portion of the premises platted as is on such
plat set apart for streets, alleys or other public use and to transfer to such county or municipality
any easement indicated on such plat to create a public right of passage over the same; but nothing
contained in this article shall affect any right of a subdivider of land heretofore validly reserved.
Any c by ordinance@ovide that the recordation of such t)lat shall
operate to transfer to I such easements for the conveyance of stormwater,
domestic water and s installation and niaint utilized
for such pumoses- @q
Provided, that where the authorized officials of a county, town or city within which land is
located, approve in accordance with the subdivision ordinances of such county, town or city a plat
or replat of land therein, then upon the recording of such plat or replat in the clerk's office
wherein land records are maintained, all rights-of-way, easements or other interest of the county,
town or city in the land included on the plat or replat, except as shown thereon, shall be
terminated and extinguished, except that an interest acquired by the county, town or city by
condemnation, by purchase for valuable consideration and evidenced by a separate instrument of
record, or streets, alleys or easements for public passage or for the conveyance of stormwater,
domestic vater and sewerage subject to the provision of 15. 1 A 81 or 15.1 -482 shall not be affected
thereby.
14
LIOUEDATION
Under Section 13.1-747B and 13.1-909B of the Code of Virginia dealing with judicial
dissolution of corporations, circuit courts may liquidate the assets and business of corporations
at any time after the termination of corporate existence, pursuant to the sections or any laws of
the Commonwealth in effect at any time prior to January 1, 1986. The ability to use laws in
effect prior to January 1, 1986, allows for some very ambiguous and difficult to track corporate
records. Furthermore, when a judicial proceeding is brought to dissolve a corporation, the court
shall hold a hearing after notifying all parties to the proceeding and any interested person
designated by the court. This does not necessarily include owners of contiguous real property
interests that may be affected by the transfer of the assets of the corporation.
RECO@NDATION
The General Assembly is requested to amend the Code of Virginia to remove the
provision in Section 13.1-747B and 13.1-909B of the Code that includes the language concerning
laws of the Commonwealth in effect any time prior to January 1, 1986. The new Code section
should read as follows:
"The circuit court in the city or county named in subsection C of this section shall have
full power to liquidate the assets and business of the corporation at any time after the termination
of corporate existence, pursuant to the provision of this chapter, upon the application for any
person, for good cause, with regard to any assets or business that may remain. The jurisdiction
conferred by this clause may also be exercised by any such court in any city or county where
any property may be situated whether of a domestic or a foreign corporation that ceased to
exist. " (This wording removes the reference to January I @ 1986)
Furthermore, it is recommended that Code Section 13.1-748A and 13.1-910A be amended
so that property owners of contiguous real property that may be affected by the dissolution of
corporations shall be informed of the public hearing to accomplish same. The proposed
language for this code section is as follows:
"A court in a judicial proceeding brought to dissolve a corporation may appoint one or
more receivers to wind up and liquidate, or one or more custodians to manage while the
proceeding is pending, the business and affairs of the corporation. The court shall hold a
hearing, after notifying all parties to the proceeding including but not limited to owners of
contiguous real c interests that may be affec@by the transfer of the assets of the
ation before appointing a receiver or custodian. The court appointing a receiver or
custodian has exclusive jurisdiction over the corporation and all its property wherever located.
15
VIRGINIA ENDOOR CLEAN AIR ACT
Virginia Code Section 15.1-291.2C currently provides that "[alny restaurant having a
seating capacity of fifty or more persons shall have a designated no-smoking area sufficient to
meet customer demand. " (Emphasis added). Because this requirement is not specific, it has
proven to be difficult for restaurants to comply with, and for localities to enforce. Therefore,
it is considered advisable to amend this section of the Code to provide a more specific,
quantifiable requirement.
RECOMMENDATION
This proposed amendment to Virginia Code Section 15.1-291.2C would impose a
requirement that any restaurant having a seating capacity of fifty or more persons shall have a
designated no-smoking area which constitutes a specific percentage of the area open and
available for the seating of customers.
15.1-291.2 Statewide Regulation of Smoking. -- Any restaurant having a seating
capacity of fifty or more persons shall have a designated no-smoking area sufficient to meet
customer demand. which constitutes no less than twenty-five percent of the area of the restaurant
open and available for the seating of customers.
16
50
PROPOSED AMENDMENT TO VIRGINIA CODE SECTION @ E-911
TAX) TO EXEMPT RESIDENTS OF NURSING HOME FROM TAX LLABI]LITY
Virginia Code § 58.1-3813 provides that localities may impose upon subscribers of
telephone service which includes the enhanced E-911 system, a tax to pay for the cost of
providing such enhanced E-911 service. Persons residing in nursing homes and similar care
facilities who have personal telephone service have no need for individual E-911 service, in that
emergency response is normally provided by the care-provider staff; however, such individuals,
often subsisting on limited incomes, are nonetheless required to pay the E-911 tax.
RECO NDATION:
This proposed amendment to Virginia Code § 58.1-3813 would enable local governments
to exempt residents of nursing homes and similar adult care facilities from payment of the
consumer tax imposed for enhanced E-911 service.
§ 58.1-3813. LOCAL TAX FOR ENHANCED EMERGENCY TELEPHONE SERVICE
A. Notwithstanding the rate limitations imposed under § 58.1-3812, any county, city or town
which has, singly or by joint agreement, established or will establish an enhanced 911
emergency telephone system, hereinafter referred to as E-91 1, as defined herein, may
impose a special tax on the consumers of the telephone service or services provided by
any corporation coming within the provisions of Chapter 26, except that no such taxes
shall be imposed on federal, state and local government agencies.
Such tax shall be subject to the notification and jurisdictional provisions of § 58.1-3812.
B. The following phrases shall have the following meanings:
1 . An "E-911 system" means a telephone service which utilizes a computerized
system to automatically route emergency telephone calls placed by dialing the
digits " 91 1 " to the proper public safety answering point servicing the jurisdiction
from which the emergency telephone call was placed. An E-911 system includes
selective routing of telephone calls, automatic telephone number identification,
and automatic location identification performed by computers and other ancillary
control center communications equipment.
2. "Public safety answering point" means a communications facility operated on a
twenty-four-hour basis which first receives E-911 calls from persons in an E-911
service area and which may, as appropriate, directly dispatch public safety
services or extend, transfer, or relay E-911 calls to appropriate public safety
agencies.
3. "Public safety agency " means a functional division of a public agency which
provides fire-fighting, police, medical, or other emergency services or a private
entity which provides such services on a voluntary basis.
17
C. Prior to imposing such tax, the governing body of any city, town or county must find
that an E-911 emergency telephone system as defined in subsection B of this section has
been or will be installed in its respective locality and that the telephone company has
central office equipment which will permit such system to be established.
D. Any such taxes imposed by this section shall be first utilized solely for the initial capital,
installation and maintenance costs of the E-911 emergency telephone system. The
jurisdiction shall reduce such tax when capital and installation costs have been fully
recovered to the level necessary to offset recurring maintenance costs only.
E. For the purpose of compensating a telephone utility for accounting for and remitting the
tax levied by this section, such telephone utility shall be allowed three percent of the
amount of tax due and accounted for in the form of a deduction in submitting the return
and paying the amount due by it.
F. The Governing body of ny cou v. city or town may exem!)t from p
imt)osed by this section any subscriber to individual telephone e ice who resides in a
nursing home or similar adult care facility,
18
AMENDMENT OF VIRGINIA 4 46.2-755 (LINIITATIONS ON
INIPOSITION OF MOTOR VEHICLE T :ES AND FEES)
Virginia Code Section 46.2-755.B. provides that any disabled veteran shall be entitled
to one local (county, city or town) vehicle license without payment of the license fee. It is
considered desirable to provide a similar benefit to widows of members of the military who died
in wartime service.
RECO NDATION
This proposed amendment to Virginia Code Section 46.2-755.B. will exempt unmarried
widows of members of the military who die in wartime service, who are entitled under federal
law to federal dependency indemnity compensation.
§ 46.2-755. LIMITATIONS ON UQPOSITION OF MOTOR VEHICLE LICENSE TAXES
AND FEES.-
A. No county, city, or town shall impose any motor vehicle license tax or fee on any motor
vehicle, trailer, or semitrailer when:
1. A similar tax or fee is imposed by the county, city, or town wherein the vehicle
is normally garaged, stored, or parked;
2. The vehicle is owned by a nonresident of such locality and is used exclusively
for pleasure or personal transportation and not for hire or for the conduct of any
business or occupation other than that set forth in subdivision 3 of this subsection;
3 The vehicle is (i) owned by a nonresident and (ii) used for transporting into and
within the locality, for sale in person or by his employees, wood, meats, poultry,
fruits, flowers, vegetables, milk, butter, cream, or eggs produced or grown by
him, and not purchased by him for sale@
4. The motor vehicle, trailer, or semitrailer is owned by an officer or employee of
the Commonwealth who is a nonresident of such county, city, or town and who
uses the vehicle in the performance of his duties for the Commonwealth under an
agreement for such use;
5. The motor vehicle, trailer, or semitrailer is kept by a dealer or manufacturer for
sale or for sales demonstration;
6. The motor vehicle, trailer, or semitrailer is operated by a common carrier of
persons or property operating between cities and towns in the Commonwealth and
not in intracity transportation or between cities and towns on the one hand and
points and places outside cities and towns on the other and not in intracity
transportation
19
B. No county, city, or town shall impose a license fee for any one motor vehicle owned and
used personally by (i) any veteran who holds a current state motor vehicle registration
card establishing that he has received a disabled veteran's exemption from the
Department and has been issued a disabled veteran's motor vehicle license plate as
prescribed in § 46.2-739 w of a member of e United States
armed forces wLo died in wartime service who holds a It Veterans
Administration c ndency indemniiy c@nsation.
C. No county, city, or town shall impose any license tax or license fee upon any daily rental
passenger car, the rental of which is subject to the tax imposed by § 58.1-2402 A 4.
20
I
ADDENDUM PUBLIC SAFETY
PACKAGE
21
The Addendum Public Safety Package
It is requested the General Assembly amend the Code of Virginia dealing with indecent
exposure violations. Currently, indecent exposure, regardless of the number of
convictions for this violation, is considered a misdemeanor. It is recommended that the
third conviction for indecent exposure be considered a felony.
The General Assembly is requested to change the Code of Virginia which would make
carrying concealed edged or pointed weapons (such as ice picks) a violation of the Code.
Currently, Magistrates have refused to issue warrants for arrest for carrying concealed
ice picks, etc.
The General Assembly is requested to amend the Code dealing with driving while
intoxicated that would allow when serious physical injuries to another are caused, the
offender may be charged with a Class 6 felony instead of a misdemeanor that is currently
the case.
The General Assembly is requested to amend the Code so that carrying a concealed
firearm becomes a Class 6 felony upon the first conviction instead of a Class I
misdemeanor.
Section 19.2-81 of the State Code presently provides that "officers may ... arrest without
a warrant for an alleged misdemeanor not committed in their presence involving (i)
shoplifting 03, (ii) carrying a weapon on school
property in violation of 418.2-308.1, (iv) destruction of property in violation of 18.2-
137 ... based on probable cause upon reasonable complaint of the person who observed
the alleged offense. " Since 19.2-81 requires that the above-referenced misdemeanors be
in violation of the State Code, an officer is precluded from charging an offender under
a similar local ordinance unless the officer actually observes a person violating the law.
Therefore, the General Assembly is requested to amend Section 19.2-81 to enable an
officer to make an arrest without warrant for the misdemeanors referenced therein
whether the misdemeanor constitutes a violation of State law, "or a similar local
ordinance. "
It is requested the Code be amended to expand the Zero Tolerance provision of the
Omnibus Alcohol Safety Act to include all the DUI boating codes. It is now illegal for
an underage person to operate a motor vehicle with a blood alcohol content (BAC) of .02
to .08; however, it is possible for an underage person to operate a water craft or vessel
after having consumed alcohol. Thus, it is recommended that Zero Tolerance be
expanded to include persons under the age of 21 with a BAC of .02 to .08 who are
operating a vessel within the waters of the Commonwealth.
Section29.1-744.1 of the State Code presently provides that "fa]ny county, city, or town
may, by ordinance, regulate the distance personal watercraft in operation shall maintain
from the shore, docks, and swimmers, provided that suc
22
fifty feet. " The General Assembly is requested to amend Section 29.1-744.1 to increase,
from fifty to one hundred feet, the distance that localities may require personal watercraft
to maintain from the shore, docks, and swimmers.
The General Assembly is requested to amend the Code of Virginia, Section 46.2-1217
and Section 46.2-1231 dealing with the towing of motor vehicles. Currently, the City
requires any person whose vehicle is towed at police direction shall be entitled to an
administrative hearing to determine the legality of the removal. This is based upon a
holding of the Fourth Circuit Court of Appeals that police authorized towing without the
vehicle owner's consent is a taking of property. It is recommended this section be added
to address such required hearing, and this section also include vehicles towed from
private property at the property owner's request. The suggested wording is as follows:
The owner of a vehicle towed from either public or private
property, without the vehicle owner's consent, shall be entitled to
a prompt post-tow hearing to determine whether there was lawful
grounds to remove the vehicle. The governing body of any
county, city, or town by ordinance may adopt procedures to notify
the vehicle owner or custodian of the right to a hearing to
determine if the vehicle was lawfully towed for any reason as set
forth by any state, county, city, or town ordinance. Provided, the
hearing shall be requested within three (3) weeks from the date
that the notice was mailed by the Police Department, or from the
date that the owner or custodian of the vehicle was personally
notified that his vehicle has been towed. The hearing shall be
conducted by a hearing officer appointed by the governing body or
by the chief administrative officer of the country, city, or town.
Such hearing officer shall not be a sworn police officer or be
engaged in a business involving the towing of vehicles.
23
- 15
Item III-(;.2.
RESOLUTION ITEM # 3S527
Attorney R. J. Nutter, 4425 Corporati(@ii Lane, I'hotic. 071-6000, r(,,I@reseiiieti thirteen landownerv in
Satidbridge and requested DEFERRAL on th(, i(ix lot unictidlitelitv.
P I-,dward liourdoii, 1embi-oke On,, Building, I,ifth 1,7oor, I'liofic'. 499-8971, itf@r(,seiiied the,5andt)ridge
Oceanfront Iroperly Owners Assoc iatioit, and Ypokf, in SUPPORI' (@f the Oi-(Ii)iaiic-es.
Lou I'ace, 1908 Iluii(s N(@(k (,(,net I'lio@i(,: 468-0925. in OPPO,5ITION.
Councilman Dean read into tht, the 1rciul) (harles 7raub, III, in
OPPOSITION.
Ul?oii motion 1)), Council se(oiid(,ti t)-@, V@,((, ('it@ ('oiiiit il ADOPTED:
Sa@idbridge Beach and Sliort,liii(- I?(,sit)i-(jiioit tiiitl M(illagettl(,iit:
Ordinance to AMEND and PXORDAIN the of the (,'ity of Virginia
Beach, Virginia, 1)@ ADDING a new (,'Iiul)t(,r 3.' 1 i(, Saiidbridge Special
Service District.
Ordinance to (,stablivli the Satidbridge @pecial Ser@,ice District (.5SSD)
.5pecial Revenue I,u;td, transferring aitti cif)l)rol)i-ia(iiig to tl?e
fund; to direct the (,'itl, Manager to bu(@@(,t th(, (,il)f aiid (,Al)cit(liful-es
of SS,@I) fu;iel@. tiii@l, to estat)liyli R(,i,,(-iiuc
[,'ulltl.
Ordinance to.4MEND and REORDAIN S(,(tiofi i5-158 aiitl 35-150 (@f
the Code of tht, oj' Virginia I@each, Vii,@iiiia, i-(, th(, Transient
Lodgitig Tax and establishing an additiot7al Lodgijzg Tax within the
Saiidbri(@@(, .@f,ri,ice I)istrict t(, 1)(,a(li and sh(irelifie
restoration did management at Satidbridge,
Or(iiiiaii(t, to 4MI,'ND the oriliiiair(-(, ili(- tax leiy on real
estate ft)r Itix 1, ist a I Y(,ai- 1095.
Voting. 8-3
Council Members Voting Ayt,
John A. Ilauin, Linwood 0. 13raiich, III, @'illieitti @V. IIai-)-ivoit, Jr.,
Barbara M. l,ouiy R. Jones, Ivfc4),or M(,@t(,i(i /,". 01)(,I-Iltl(@rf, Vice
Mayor Willi(iin I). @t-ssonis, li-. and I,,)uisti V @it-(ii,hoy-)i
Council Alfeinbers Votiii,@ N(j-@
Robert K J(@ltit I). Voss and N(iii(v K.
Council Members Absent.-
None
November 1, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF
2 THE CITY OF VIRGINIA BEACH, VIRGINIA, BY
3 ADDING THERETO A NEW CHAPTER 35.1, PERTAINING
4 TO THE SANDBRIDGE SPECIAL SERVICE DISTRICT.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That the Code of the City of Virginia Beach, Virginia, is
8 hereby amended and reordained by adding thereto a new Chapter 35.1
9 to read as follows:
10 CHAPTER 35.1
11 SANDBRIDGE SPECIAL SERVICE DISTRICT
12 Section 35.1-1. Creation of the Sandbridge special service
13 District.
14 Pursuant to the authority contained in Section 15.1-18.3 of
15 the Code of Virginia, there is hereby created a Special Service
16 District at Sandbridge for r ose@ set forth in subsection
17 (C) (1) of Section 15.1-18.2 of the Code- f Vir inia.
18 Section 35.1-2. Name of district.
19 The service district shall be known as the Sandbridge Special
20 Service District.
21 Section 35.1-3. Boundaries of the Sandbridge Special service
22 District.
23 The sandbridge Special Service District shall be known and
24 described as follows:
25 That Property located in Sandbridge and bounded on the north
26 by the USN Fleet Combat Training Center Atlantic; on the south by
27 the Little Island Park; on the east by the Atlantic Ocean; and on
28 the west, north of Sandbridge Road, by the western boundary of the
29 subdivision known as "Sandbridge North Area", and south of
30 Sandbridge Road, by the property of the United States of America
31 and the Back Bay National Wildlife Refuge, as depicted on the map
32 entitled "Sandbridgell dated June 17, 1994, prepared by the
3 3 Department of Public Works and recorded in May Book Pg.
3 4
3 5 Section 35.1-4. Facilities and services to be Rrovided within the
36 Sandbridge Special Service District.
37 The Sandbridge Special Service District is created for the
38 purpose of Providing financing for the local share of any beach and
39 shoreline management and restoration Project for the construction,
40 maintenance, replenishment and restoration of the beach and
41 shoreline on the Atlantic Ocean within the service district.
42 Toward that end. there shall be provided within the Sandbridge
43 Special Service District those facilities and services necessary or
44 desirable to accomplish the Purpose -gf the service district,
45 including, without limitation, administrative, engineering and
46 other professional services, sand dredaina. DumDina. grading and
47 hauling facilities and equipment and such other equipment and
48 facilities as ma@ from time to time, be needed to accomplish the
49 purpose of the service district.
50 Section 35.1-5. ProRosed Plan for Providing facilities and
51 services within the sandbridge sipecial Service
52 District.
53 The plan is to accumulate dedicated revenue generated for use
54 within the Sandbridge Special Service District to fund the creation
55 and maintenance of a beach berm having an elevation approximately
56 six (6) feet above mean sea level and a width of approximately
57 fifty (50) feet from the nourishment line with a slope of
58 approximately 20:1 to the Atlantic Ocean. Implementation of the
59 plan is expected to produce a designed dry beach area of
60 approximately one hundred and twenty__ (120) feet, which in
61 combination with the fifty (50) foot berm will yield a drV beach of
62 approximately one hundred and seventy_ (170) feet at mean tide
63 level. Actual or Planned elevations, slopes and beach area may
64 vary from time to time as determined bv the District Engineer of
65 the Army Corp gf_Engineers, Norfolk District, and the City's
66 Director of Public Works.
2
67 Section 35.1-6. Benefits expected to be realized from the
68 Provision of facilities and services within the
69 Sandbridge Special Service District.
70 Through the provision of the facilities and services described
71 in Section 35.1-4, an attempt will be made to stabilize, maintain
72 and restore the sand beach on the Atlantic Ocean within the service
73 district. Left unattended, the sand beach will suffer the effects
74 of erosion occasioned bV the forces of nature. The facilities and
75 services to be provided are expected to -benefit owners of Property
76 within the service district, as well as residents and visitors,
77 through preservation and enlargement of the sand beach, protect and
78 maintain public recreation areas and Public infrastructure and,
79 thereby, protecting life, property and propertv values within the
80 Sandbridge Special Service District.
81 Section 35.1-7. Levy of additional taxes tO Ray, either in whole
82 or Part, the elcpenses and charges for Rroviding
83 additional goverrmental services with the
84 Sandbridge Special Service District.
85 Pursuant to the authority contained in Section 15.1-18.2(c) of
86 the Code of Virginia, within the Sandbridge Special Service
87 District, the City Council maV levy and provide for the collection
88 of additional taxes to fund the City's obligations to pay, either
89 in whole or part, the expenses and charges for providing and
90 maintaining facilities and services incident to beach and shoreline
91 management and restoration on the Atlantic Ocean within the service
92 district. Such additional taxes may include an annual tax upon anV
93 Property in the service district which is subject to local
94 taxation. The additional taxes may als@include a tax on the base
95 transient room rentals, excluding hotels, motels, and travel
96 campgrounds, within the service district at a rate of percentage
97 not higher than five percent (5%) which is in addition to any other
98 transient room rental tax imposed city-vlide.
99 Section 35.1-8. Limitation on Purposes for which additional taxes
100 levied and collected within the Sandbridge
101 Special Service District maV be used.
1 0 2 All taxes levied and collected pursuant to this Chanter within
103 the Sandbridae SDecial District sha ther
3
104 in whole or ipart, the expenses and charges for providing and
105 maintaining facilities and services incident to beach and shoreline
106 management and restoration within the special service district. No
107 additional tax shall be levied for or used to pay for schools,
108 police or general government services not authorized bV Section
109 15.1-18.2 of the Code of Virginia. The Proceeds from all such
110 additional taxes as may be levied and collected shall be a special
ill fund and shall be so segregated as to enable the same to be
112 expended within the service district.
113 Adopted by the Council of the City of Virginia Beach, Virginia
114 on the 1 st day of November 1994.
115 CA-5708
116 Proposed\35-l.Pro
117 R-4
118 10/ 2 O/ 94
4
AN ORDINANCE ESTABLISHING THE SANDBRIDGE SPECIAL
2 SERVICE DISTRICT (SSSD) SPECIAL REVENUE FUND, TRANSFERRING
AND APPROPRIATING CERTAIN REVENUES TO THE FUND,
4 DIRECTING THE CITY MANAGER TO BUDGET THE RECEIPT
5 AND EXPENDITURES OF SSSD FUNDS, AND ESTABLISHING
6 REVENUES OF THE SSSD SPECIAL REVENUE FIIND
7 WHEREAS, the ('it Council has approved the Sandbridge Special Service District
8 Program ("Program") for the purpose of beach and shoreline restoration and management at
9 Sandbridge, including revenues, and recognizes that the funding may be modified in future years,
10 WHEREAS, the Citv Council desires that the Program be budgeted and financially reported
I I in such manner as to permit the separate display of Program Financing and status,
1 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
1 3 VIRGINIA BEACH, VTRGINIA;
1 4 That the following policies are established
1 5 1 That the Citv Manager will cause to be established a Sandbridge Special Service
1 6 District Special Revenue Fund (the "Special Revenue Fund") to account for revenues
1 7 and expenditures, including inter-fund transfers related to the Program, All funds
I 8 received that are related to the Special Revenue Fund shall be annually appropriated.
1 9 2, That the revenue sources of the Special Revenue Fund which are effective on
20 January 1, 199s, and have not been appropi iated. such funds received between
2 1 January I and June 30, 1995, are hereby transferred to and appropriated for the
22 purposes of the Special Revenue Fund
23 3 That beginning Julv 1, 1995, the City Manager will cause the Special Revenue fund
24 to be budgeted in the operating budget, and will cause a display of an overall
25 summary of the Program and the current and projected financing and activities of
26 the Special Revenue Fund, as well as project detail sheets, to be included in future
27 capital improvement programs.
28 4, That it is the intent of Council that the Special Revenue Fund be utilized for beach
29 and shoreline restoration and management at Sandbridge. It is the further intent of
30 Council that the integrity ot'the Special Revenue Fund be maintained.
31 BE IT FURTHER ORDAINED
32 The following revenue sources will be used to pay the costs of the SSSD Program:
33 1 An additional real estate tax rate on all real properties located within the SSSD, to
34 be added to the real estate tax rate assessed on all real properties established for the
35 city in general, effective January 1, 1995,
36 2 An additional lodging tax on lodging revenues generated from properties within the
37 SSSD, to be added to the lodging tax rate established for the city in general, effective
18 January 1, 11)95
-1
39 3 The revenue from two cents of the lodging tax rate established for the city in general
40 that is applied to lodging revenues generated from properties within the SSSD,
4 1 effective Januarv 1, 1995,
42 4 All revenues net of operating costs generated from the Little Island Fishing Pier,
4') effective Januarv 1, 1995,
44 5@ All revenues net of operating costs generated from the Little Island Parking Lot,
45 effective Januarv I @ 1995@
46 6 A direct contribution generated from profits at Sandbfidge parking lots operated by
47 the Parking Enterprise Fund of $10,000 effective Januarv 1, 1995, and $20,000
48 annually inflated at 3% per year for everv vear thereafter
49 Adopted the is t day of November-, 1994, bv the ('ouncil of the City of Virginia Beach,
50 Virginia
5 1 This ordinance shall be effective on January 1, 1995
APPROVED AS TO CONTENT
Walter C. Krae@r, Jr
Department of Management an(] Budget
1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 35-158 and 35-159 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE
4 TRANSIENT LODGING TAX AND ESTABLISHING AN
5 ADDITIONAL LODGING TAX WITHIN THE SANDBRIDGE
6 SPECIAL SERVICE DISTRICT FOR THE PURPOSE OF
7 PROVIDING BEACH AND SHORELINE RESTORATION AND
8 MANAGEMENT AT SANDBRIDGE
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Sections 35-158 and 35-159 of the Code of the City
12 of Virginia Beach, Virginia, are hereby amended and reordained to
13 read as follows:
14 Sec. 35-158. Definitions.
15 Except where the context clearly indicates a different
16 meaning, the following words and phrases, when used in this article
17 shall, for the purposes of this article, have the meanings ascribed
18 to them in this section:
19 City treasurer. "City treasurer" means the treasurer of
20 the city and any of his duly authorized deputies and agents.
21 Commissioner of revenue. "Commissioner of revenue" means
22 the commissioner of revenue of the city and any of his duly
23 authorized deputies and agents.
24 lietel. I'lleteill means any peblie er- private hete4:, inn,
25 hesteir-y, teur-ist hefae er- hetise, teur-ist eamp, teui-ist eabi:n,
26 ds, mete!, r-eeininej heuse er- ether- ledelinej pl:aee within
27 the eity effering !edging, fer eempensatien, te any transien@-.
28 Lodging. "Lodging" means any room or rooms, lodging or
29 space furnished to any transient.
30 Lodging place. "Lodging placer' means any ipublic or
31 private hotel, inn, hostelrv, tourist home or house-, tourist camp,
32 tourist cabin, camping grounds, motel, rooming house or other
33 lodiiing place within the city offering lodging, for compensation,
34 to any transient.
35 Special tax auditor. "Special tax auditor" means the
36 special tax auditor of the city and any of his duly authorized
37 deputies and agents.
38 Transient. "Transient" means any person who, for any
39 period of not more than ninety (90) consecutive days, either at his
40 own expense or at the expense of another, obtains lodg'
ing in any
41 here! lodging place.
42 Sec. 35-159. Levied; amount.
43 (a) There is hereby levied and imposed on each transient
44 a tax equivalent to five and one-half (5.5) percent of the total
45 amount paid for lodging, by or for any such transient, to any here!
46 lodging place. This tax rate is effective January 1, 1993, and
47 shall remain in effect until May 1, 1997, at which time it shall be
48 reduced by one-half (0.5) percent.
49 (b) There is hereby levied and imposed on each transient
50 within the Sandbridge Special Service District (District) a tax, in
51 addition to that levied in sub-section-(a) hereof, equivalent to
52 two f the total amount paid for lodging within the
53 District, by or for any such transient to any lodgincf 1)lace,
54 excluding hotels. motels and travel campgrounds. The additional
55 tax rate is effective January 1, 1995, and shall remain in effect
56 until January 1, 1996, at which tine the additional tax rate shall
57 be four (4) percent.
58
59 Adopted by the Council of the City of Virginia Beach, Virginia
60 on the 1 st day of November 1994.
61 CA-5717
62 R-3
63 Proposed\35-159.Pro
64 10/20/94
APPROVED AS TO
LEGAL SU
!-FIC@EN
2
I AN ORDINANCE TO AMEND THE ORDINANCE
2 ESTABLISHING THE TAX LEVY ON REAL ESTATE
3 FOR TAX FISCAL YEAR 1995
4 BE IT ORDAINED BV THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 Section 1. AMOUNT OF LEVY ON REAL ESTATE.
6 There shall be levied and collected for fiscal year 1995 taxes for general purposes on all real estate, not
7 exempt from taxation and not otherwise provided for in this Ordinance, at the rate of one dollar and fourteen
8 cents ($1.14) on each one hundred tiollars ($11)0) of assessed valuation thereof The real propertv tax rates
9 which have been prescribed in this section shall he applied on the liasis of one hundred percentum of the fair
I 0 market value of such real propertv except for public service real propertv which shall he on the basis as
I I provided in Section 58.1-2604 of the Code of Virginia, as amended.
12 Section 2. AMOUNT OF LEVY ON "CERTIEFIED POLLUTION CONTROL EOUIPMENT AND
13 FACILTTIES" CLASSIFIED AS REAL ESTATE.
14 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall be
15 levied and collected for general Purposes for fiscal year 1995, taxes on all real estate certified by the
16 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from
17 taxation, at the rate of one dollar and fourteen cents ($1.14) on each one hundred dollars ($100) of assessed
18 valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one
19 hundred pereentum of fair market value of such real properti .
20 Section 3. AMOUNT OF LEVY ON THE REAL ESTATE IN THE SANDBRIDGE SPECIAL
21 SERVICE DISTRICT.
22 There shall be levied and collected for the second half of fiscal year 1995. taxes for the special t)uri)ose
23 of providini! beach and shoreline restoration and management at Sandbridge on all real estate within the
24 Sandbrid2e Si)ecial Service District. not exempt from taxation, at the rate of six cents ($.06) per annum on each
25 one hundred dollars ($100) of assessed value thereof prorated for the s fiscal vear. This
26 rate in this section shall be in addition to rates nrovided elsewhere in this ordinance. The real Property rate
27 imiiosed in this section shall be applied on the basis of one hund ir market value of such
28 real Property except for Public service real Proi)erty which shall be on the basis as Drovided in Section 58. 1 -
29 2604 of the Code of Virginia, as amended.
30 Section JA. CONSTITUTIONALITY.
31 That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for anv
32 reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
33 portion of this Ordinance.
34 SectionC5. EFFECTIVE DATE.
35 This Ordinance shall be in effect from and after the date of its adoption.
36 Adopted by the Council (of the Citv of Virginia Beach, Virginia, on the 1 *htday of N"f994.
APPROVED A 0 TO CONTEN'['
Waller C. Kme@, Jr
t*t. of M"aqement an(i BL@,joe,
- 16 -
Item 111-H.
CONSENT AGENDA ITEM # 38528
Upon motion by Vice Mayor @essoms, seconded by Council Lady @li'ayho"i, (-'ity (council APPROVED
in ONE MOTION, Items I and 2 of ilic CONSENT AGENDL
Voting: 11-0
(-'ouiicil Members Voting aye.
Joliti A. Ilaum, Linwood 0. Branch, III, Rob(,r( K I)t,an, William W.
Ilai-ri.yopi, Jr., Barbara M. ll(!iiley, Louiy R. Joii(,s,.foltit D. Moss, Mayor
Me,yera E. Ob(,riielorf, Naiicy K I'arkei-, Vi(c-,Wtiv,)i William I). Sessoms,
Jr., and Louisti @W. ';I;-ayh(irit
Council Members Voting Na@,
None
(council Members Abse@it.
None
November 1, 1994
Itei?z III-H.I.
CONSFNT AGENDA ITEM 38529
Upon motion by Face Ma),or.@essoiiis, secoiided by Council City Council ADOPTED:
Ordinance fo,4CCEPT and APPROPRIA7E a 81 1-@,500 (;ratit from the
In.vtitute (@f Mus(@uni @trv,ices to the 1,Y 1994-1995 O[)t,rati)ig Bu(iget of
the rirgiiiia Marine Science Museum i-(- I)t-oi,,idiii,@ contractual
nwizpower aii4i seri,ices; materials aiiel supplies; additional technology;
arid, estimtitc@i r(,t,(-iiue to tli(, fuiiet be offy(-t
Voting: 11-0
Counci,l Membery Voting @ly(,
John A. Baunf, f,i;iwood 0. Iii-aiich, 111, Rob(,) I K. William W.
flarrisoii, Jr., liarbara M. Ifeiiley, l,ouiv R. Joii(,.s, Ioltii 1). M(iss, Ma-vor
Meyera f,. Ob(,rii(if)rf, Naitcy K. I'arker, Vit c Mti@'ot Williatit 1). ,;t,ssotris,
Jr., and I.oui.@a W. ';Ii-ti-@,horil
(council' Members Voting Na@,
Nolte
Couticii' Members Absent:
None
November 1, 1994
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 $112,500 GRANT FROM THE INSTITUTE OF MUSMU SERVICES
3 TO THE FY 1994-95 OPERATING BUDGET OF
4 THE VIRGINIA MARINE SCIENCE MUSEUM
5 WHEREAS, the Institute of Museum Services (IMS) provides
6 federal operating support for museums of all disciplines; and
7 WHEREAS, the Virginia Marine Science Museum (VMSM) has
8 applied for an IMS grant to be used by VMSM to increase special
9 exhibits and marketing efforts in order to increase overall
10 Museum attendance; and
11 WHEREAS, the Institute of Museum Services has accepted the
12 application and approved grant funding for the VMSM in the amount
13 of $112,500; and
14 WHEREAS, this grant requires no matching funds from the
15 City;
16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $112,500
18 from the Institute of Museum Services be accepted and
19 appropriated to the FY 1994-95 Operating Budget of the Virginia
20 Marine Science Museum to provide contractual manpower and
21 services, materials and supplies, and additional technology; and
22 BE IT FURTHER ORDAINED that this appropriation be offset by
23 an increase of $112,500 in estimated revenue to the Marine
24 Science Museum Fund.
25 This ordinance shall be effective on the date of its
26 adoption.
27 Adopted by the Council of the City of Virginia Beach,
28 virgi-nia, on the First of November 1994.
29 APPROVED
30
31 Walter C.
32 Department of Management and Budget
A P P '-7t7, r.@ D A,3 T
- 18 -
Item 111-H.2.
CONSF@NT AGENDA I7EM # 38530
Upon motion by Vice Ma),or secoiided by (,'ouii(il Lady Stra-vhorti, Cit), Council ADOPTED:
Ordinance to APPROPRIATE $9,250 from lht, current balance in the
Francis Land House Board of Governors' Truvt Fund re expenditures
in support of the i?zisvion, goals and activities of fli(- I-raiiciv Land Il()use.
Mayor Oberndorf advised a Violation of three chaii,.Y, of ones owiie4i by (captain Land to the
Francis Land Ilouve.
Voting: 11-0
Counci@' Members Voting Ay(,.
J(@hii A. Baum, f,iirwooti 0. Branch, III, Robert K. I)(-aii, William W.
Ilarrisoti, Jr., Barbara .41, Il(!iilcy, l,ouiy R. Joii(,s, John I) W(@ss, va @,@)r
Mci,era E. 01)(,i-ii(loil, VaiicV K. I'arker, Vi((, M(l@,(,l I,Villi(ifil 1). @@-SNottis,
,Jr., and I,oui.@a W. .@ti,a-i,horii
C'ouiicii Members Votiii,@ Va@
None
(,'(,u;icil Mettibei-s Absent.
None
November 1, 1994
1 AN ORDINANCE TO APPROPRIATE $9,250 FROM CURRENT BALANCE
2 IN THE FRANCIS LAND HOUSE BOARD OF GOVERNORS TRUST FUND
3 FOR EXPENDITURES IN SUPPORT OF THE MISSION, GOALS, AND ACTIVITIES
4 OF THE FRANCIS LAND HOUSE
5 WHEREAS, the Francis Land House Board of Governors advises the Francis Land
6 House staff on mission, goals, and activities, and
7 WHEREAS, the current balance in the Francis Land House Board of Governors
8 Trust Fund is in excess of $9.250, and
9 WHEREAS, the Board of Governors desires to use $9T250 from current balance in
10 the Francis Land House Board of Governors Trust Fund in support of the mission,
11 goals, and activities of the Francis Land House
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA, that $9,250 be appropriated from current balance in the
14 Francis Land House Board of Governors Trust Fund
15 This ordinance shall be effective on the date of its adoption,
16 Adopted by the Council of the City of Virginia Beach, Virginia, on the
1 7 First Of November 1994
18 APPROVED AS TO CONTENT-
19
20 Walter C. Kraemer, Jr.
21 Department of Management and Budget
- 19 -
Item IIf-K].
RECE.'IS TO EXECUTIVE SESSION ITEM # 38531
Mayor Meyera E. Oberndorf entertained a motion to permit (,'it) (.ouiicil to conduct its EXECUT@
SESSION, pursuant to @ectioit 2.1-344, Code of Virginia, as ft)r the following purpose.-
PUBLICLY-HELD PROPERTY.- Discussion (ip- c(@tisideratioli of the
condition, acquisition, or use of real property public purpose, or of
the disposition of publicly -held proper@@@, or of plans foi- the future of art
institution wine h could aff(@(:t the value of property (Iwiied or desirable for
owlier,vliip l@)@ vu(h institution puryuarit to 2.1--344(li)(3).
7'o- Wit: Acquisiti@)pi of li-ol)ei-ty - Vi@4iiii,j Bc, oh Borough
- Bu@,Si(l(- liolou,@ll
LE AL MA7'TERS. (Consultation @,ith or /));staff
m(@rnbers, consultants, or atiorii(,@'s actual or probable
litigation, or othci Ypccific legal tnall(Il'.v the provisions of
legal advice b@ counsel pursuant to S(,(Iio;i 2.1 ?44(,I)(7).
P)-Wit: L"al Ivsu(,s - Amphitheater
- Real Waitc-is Virginia Beach IloroughILyntihaven
Itoi-ou,@h
- I,ake (;ast(@ii
Upon ntotiori bv ViceMaVor.@(,ssottis, secoiidcd 1)), Council ('io ('ouii(.il votedtolyroceed
into EXECUTIII'E SESSION (3:2-i P.M,).
Voting. 17-0
(council Members V(@ti@ig A)@t,,
John A. Bauni, firewood 0. Ilrai7ch, III, Robert K. I)(@aii, William W.
Harrison, Jr., Barbara M. ll(,,tiley, Louiy R. Jones, John D. Movs, Mayor
Meyera E. Ob(,r;itiorf, Naiicy K. I'arkei-, Vi((,,Ala),or @Villiam I). S(.,sv()ms,
Jr. and l,ouiva W. ';Ira horn
(,'ouiicii' Memberv Voting Afa@
None
(.'(@uricii' Members @lbseiii.-
None
November 1, 1994
- 20 -
ITEM # 38532
Mayor Meyera E. Oberndorf RECONIIENED the FORiVL4L SESSION of the 117RGINL4 BF,4CH CITY
COUNCIL in the Council (.'I?amb(,r, ('ity Ilail fluildiiig, oii Noi,ertib(,r 1, 1994, at 5:55 ].M.
(,'(?unciA' Members Ireseiii:
John A. Bautn, f,iiivt,ood (). Ilraiich, III, I?obci-I K. Deati, William W.
Ilarri,voii, Jr., Ilarbara M. Ileiiley, Louiv R. Iolitt D. Movv, Mayor
Mcyera I@,. Oberiidoif and Naiic-v K IarAt,i
("()uiici) Memberv Abseiii.
Vice Afayor @Villiani I). @essoms, Jr. afi(I / ottisti M. @tra@,h,irii
Noi)ember 1, 1994
- 21
Item III-L.].
CERTIFICATION OF
EXECUTII,'E SESSION
ITEM # 38533
Upon motion by Councilman I)eaii, seconded by Councilman .1o)i(!s, City Council CERTIFIED THE
EXECUTIIIE SESSION TO BE IN ACCORDANCE WITII'FHE MOTION TO RECESS.
Only public business matters lawfully (-xeiiij@iefl from OI)eil Meeting
requirements by Virginia law were discussed in l@eculii,(, @essiori to
which 1/7i,@ certification resolution applies,
ANI),
Only such public business matters (is wt,rt, z(l(,ittifiel in 1/tc, motion
converting 1/7(@ l@(@cutive,@essioll were ht-ai-(I, or (oiisi(lert-d by
Virginia Bca(h ('iti@ Council.
Voting. 9-0
Council Members Voting /lv(,
John A. Bauni, l,iiiwt)od 0. Branch, III, Robert K. I)eaii, William W.
Ilarri.voti. Jr., Barbara M. lie)iley, l,ouiv R. Joii(,s, fohii D. Mosv, Mayor
Meyera I,,. Oberiid(,rf and Naiicy K I'ark(,i
Couiicii'Members Voting Na-@,
None
(,'ouiicii'Members Absent:
Vice Ma-yor William I). @essoms, Jr. and I,ouiyti M. @trayho"i
N(@vemb(,r 1, 1994
argia ut
CERI'tFtCA'I'ION OF I,"XECUTIN!E SESSION
VIRGINIA REACII CITY COUNCIL
WHEREAS: The Virginia Beach City (' ()uncil collxcilecl into EXECUTIVE SESSION,
pursuant to the affirmative %-oic recorded in f@['EM # 3853 1, I'agc No. 19, and in accordance with
the provisions of The Nlirginia Fi-cedotii of Information Ac(: @iii(l,
WHEREAS: Section 2.1-344. of the CoLle of Virginia requires a certification by the
governing body that such Exectiti\,c Session A as conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT IIESOT,NIED: That the Virginia Beach City Council
hercl)y certifies that, to the best of each iiiciiiber's knowledge, (a) on]), public business matters
lawfully exempted from Open Meeting requirements by Viigiiii@i law were discussed in Executive
Session to which this certification resolution ;applies; and, (1)) t)iil), such public business matters
as were identified in the motion con\,eiiiiig this Executi@-c Session were heard, discussed or
considered by Virginia Beach City ('ouiicil.
November 1, 1994
22
cm
ADJOIJRNMENT ITEM # 38534
Mayor Oberndorf DECLARED tl7e City Couticil Me(@iiiig ADJOURNED at 6:00 II.M.
Beveri), 0. Hooks,, CMC
Chief I)eputy City Clerk
--- ---- --------------------
Mey(,i-a 1,1. 01)(,?-ii(loif
City Clerk Ma.@ or
City of rirginia Beach
rtrgini,7
November 1, 1994