NOVEMBER 7, 1995 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOMS JR, At Large
JOHN A B4UM, Blackwater Borough
LINWOOD 0 BRANCH Ill VIrgtma Beach Borough
ROBERT K DEAN, Pnncess Anne Borough
W W HARRISON JR, Lynnhaven Borough
HAROLD ttEISCHOBER, At Large
BARBARA M HENLEY, Pungo Borough
LOUIS R JONES, Bavs~de Borough
NANCY K PARKER, At Large
LOUISA M STRA YHORN, Kempsvdle Borough
JAMES K bPORE Ctty Manager
LESLIE L l ILLEY, Clty Attorney
RUTI~ HODGES SMITH CMC / AAE, C~ty Clerk
CITY COUNCIL AGENDA
OUR NP,'I
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456 9005
(8041 427 4303
November 7, 1995
I. CITY MANAGER'S BRIEFING
- Conference Room -
11:30 AM
ae
URBAN PARTNERSHIP
Robert R. Matthias, Assistant to the City Manager
II. AGENDA REVIEW SESSION
ae
Be
REVIEW OF AGENDA ITEMS
CITY COUNCIL CONCERNS
III. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Joseph E. French
Francis Asbury 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 SESSIONS
October 24, 1995
G. ADOPT AGENDA FOR FORMAL SESSION
CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Cou.cil to be enacted by one
motion.
I. PRESENTATION
i ·
SCHOOL AUDIT
KPMG Peat Marwick, Auditors
J. ORDINANCES
i ·
Ordinance to APPROPRIATE $250,000 additional revenue from the
Federal Emergency Management Agency (FEMA) to the Fire
Department's FY 1995-1996 Operating Budget in support of the
FEMA Urban Search and Rescue Team, Virginia Task Force No. 2,
re personnel costs, equipment and supplies used in support of
the Team's activities in the aftermath of Hurricane Opal.
·
Ordinance to APPROPRIATE $220,000 from the current balance in
the E-911 Emergency Communications Fund to correct problems
and enhance the City's E-911 Computer Aided Dispatch System.
·
Ordinance to ACCEPT a GRANT of $60,125 from the U.S.
Department of Justice; and, to APPROPRIATE the Grant to the
Virginia Beach Police Department re purchase of a Manpower
Scheduling and Crime Analysis Information System.
·
Ordinance to APPROPRIATE $7,610 from the Fund Balance in the
Francis Land House Trust Fund re operating expenses and the
purchase of furniture for the Francis Land House.
·
Ordinance to authorize a temporary encroachment into a portion
of City property known as Lake Joyce to Nathan and Deborah H.
Segal re construction and maintenance of a boat lift and
catwalk into the lake.
·
Ordinance appointing viewers in the petition of Hannaford
Brothers Company for the closure of a portion of Republic
Road/Bonney Parkway (LYNNHAVEN BOROUGH).
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 7, 1995
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING of the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, November
7, 1995, at 11:30 A.M.
Council Members Present:
John A. Baurn, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera
E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and Louisa M.
Strayhorn
Council Members Absent:
Robert I~ Dean
[ENTERED: 11:43 A.M.]
Nancy IC Parker
[IN CHARLO~E, NORTH CAROLINA,
FATHER VERY ILL IN HOSP~AL]
-2-
CITY MANAGER'S BRIEFING
URBAN PARTNERSHIP
11:30 A34.
ITEM # 39966
Robert Matthias, Assistant City Manager, advised there were originally ten local governments invited to
join the Urban Partnership at a cost of $10,000 each. Approximately 25 businesses are also involved with
a portion paying $10,000, but the majority only $500. The Partnership was originally established by
community and business leaders concerned about Virginia's ability to compete in the global marketplace.
Originally, the main issues to be discussed were the disparities among regions and regionalism generally.
The business community had a question about taxation issues across Virginia. There was also examination
of Virginia's system of government. The Commonwealth of Virginia has the smallest number of
governments per capita of any State in the United States. There were a number of recommendations with
the vast majority having little or no effect on Virginia Beach i.e, those dealing with cities being able to
revert back to a town status. The General Assembly had adopted legislation allowing Cities under 50,000
population to revert to a town status. It was decided there were a number of cities that would benefit by
being able to revert to a town status, and this threshold was recommended to be expanded from 50,000
to 125,000. Towns are able to annex. There was also a section related to government services
responsibilities, taxing authority and whether these services could be provided more effectively and
efficiently at a regional level. The Southeastern Public Service Authority is an excellent example. The
City has some of the lowest tipping fees in the Commonwealth, as well as the entire East Coast. The City,
through the Hanwton Roads Sanitation District has some of the lowest sanitary sewer disposal fees of
any area in the United States. The Urban Partnership wished to evaluate, on a continual basis, the
functions of cities and jurisdictions, eliminating those that no longer serve as essential functions of
government and privatizing those that could be better accomplished through the private sector. There is
a very ambitious program of privatizing prison construction. The City has been involved in very
successful public/private partnerships Le. amphitheater. The array of local taxes should have a rational
basis and be reviewed for adverse impact on business growth and job creation. This was added expressly
at the interest of the business community. The Chamber of Commerce cited, particularly, the BPOL tax.
This tax is a $20-MILLION per year revenue source. Discussion also entailed whether there was any
real allocation of service responsibilities or taxing authority which should decrease the disparity among
local governments which provide similar functions. The restructuring of existing service responsibilities
and taxing authority should have as its objective no net increase on the State and local tax burden or, if
possible, a reduced burden. Virginia Beach has the lowest (49th lowest) combined State and Local tax
burden. Core urban neighborhoods should be unleashevL Probably because of the city's demographics,
Virginia Beach does not have a core urban neighborhood, but does have its problems. An aggressive code
enforcement was one of the recommendations. Virginia Beach was utilized as an example of a good effort
toward aggressive code enforcement. Local service delivery systems should be organized to recognize
neighborhood boundaries. Again, this City is a leader and was specifically referenced Le. the CARE
program as well as a number of programs which operated from the Office of Housing and Neighborhood
Preservation.
The Urban Partnership recommended attempting to develop regional development incentives. Virginia
needs to be competitive in the global market. Regions need to be competitive for the State to be
competitive. The economic competitive position needs to be strategically addressed. The evaluation should
be broad based and examine education. ,4 regional partnership is necessary to monitor the implementation
of the regionally strategic assessments, which would produce a plan. The recommendation was $50-
MILLION be made available in the first year, with the ultimate goal of building this incentive fund up
to $200-MILLION. Four items are required to be eligible for funds under the Regional Development
Initiative:
1. A functioning regional partnership.
Completion of a strategic regional assessment (plan).
3. Preparation of a regional report card on the progress of
addressing critical issues and implementation of the strategic
assessmenL
4. Tracking the region's progress in income growth, job creation
and reducing the &'sparity among localities in median family
income.
November 7, 1995
-3-
CITY MANAGER'S BRIEFING
URBAN PARTNERSHIP
ITEM # 39966 (Continued)
In determining the amount of regional incentives, the responsible body will use the following criteria and
weights to assess the extent of the regional activities:
1. Regional Revenue Sharing or Growth Sharing Agreements
2. Education
3. Human Services
4. Local Land Use
5. Housing
6. Special Education
7. Transportation
8. Law Enforcement
9. Economic Development
I0. Solid Waste
II. Water and Sewer Services
12. Corrections
13. Fire Services and Emergency Medical Services
14. Libraries
15. Parks and Recreation
(lO)
(lO)
(s)
(s)
(s)
(6)
($)
(s)
(4)
(4)
(4)
(3)
(3)
(2)
(2)
A region may petition the State administrative agency to adjust the weights of the above criteria to reflect
the relative importance of that criteria on the economic competitiveness of the region. The distribution
of the incentive funds to localities would be based upon the "disparity" formula of the Department of
Education, which uses the concentration and number of children who qualify for free lunch in each
locality. Should the localities mutually agree upon an alternative formula, that formula would be used to
distribute the incentive funds. There has been a recommendation to the Urban Partnership to modify
this formula to allow the regions to request the administering state agency to utilize whatever mutually
agreed upon mechanism for distribution of funds back to the jurisdictions, once it reaches the region. A
population formula would be beneficial to the City of Virginia Beach. No funding source has been
established for the $200-MILLION fund.
A Press Conference is expected to be held on December Sixth to announce the efforts of the Urban
Partnership. Governor Allen's administration has expressed extremely "lukewarm" support for 90% of
the recommendations.
The recommendation of City Staff is to continue to monitor the Urban Partnership, as it wouM be
premature to take an official position.
Mayor Oberndorf referenced the memorandum from Neil J. Barber concerning the Urban Partnership
Board Meeting on Thursday November 9, 1995, beginning at 10:00 A.M. at the Metropolitan Richmond
Chamber of Commerce. This will be to review and fine tune the recommendations of the Urban
Partnership, as they are planning to strive for the endorsement of the counties. They also wish to review
the potential demands upon those resources, and will be investigating hiring a lobbyist to coordinate their
legislative effort during the General Assembly. They will again be requesting funds in the amount of
$5,000 from each of the fourteen (14) jurisdictions.
Mr. Matthias advised even though the City Council seems not to be of a mind to participate actively, the
staff will monitor actively the Urban Partnership. Mr. Matthias will attend all meetings.
November 7, 1995
-4-
AGENDA
REVIEW
12:22 P.M.
SESION
~EM #39~7
Councilman Dean advised the City staff had responded to his inquiries and an overview would be
presented during the Executive Session:
J. 2. Ordinance to APPROPRIATE $220,000 from the current
balance in the E-911 Emergency Communications Fund to
correct problems and enhance the City's E-911 Computer
Aided Dispatch System.
ITEM # 39968
Councilman Dean referenced:
J. 5
Ordinance to authorize a temporary encroachment into a
portion of City property known as Lake Joyce to Nathan and
Deborah H. Segal re construction and maintenance of a boat
lift and catwalk into the lake.
Jim Lawson, Real Estate, advised the wooden bulkhead was in place when the applicant purchased the
property in 1987. The bulkheads of approximately 12 of the houses in a row were installed about 30 years
ago, and did not need encroachment approval. This encroachment includes a boat h'ft and boat house.
The boat lift is for his elderly mother confined to a wheelchair. The City of Norfolk has never objected
to any existing encroachments. Relative the fence, the applicant has applied for a release of the Norfolk
Reverter Clause.
ITEM # 39969
John Herzke advised Councilman Dean this item reflects permission to proceed with the right-of-way
acquisition. Over $2-MILLION has been appropriated for this project, of which about $96,000 is
designated for acquisition.
The City Staff has identified that this project, based on the latest estimates, appears to have a shortfall.
The reason for the shortfall was primarily due to the two-year environmental process with the Corps of
Engineers. This process added over $400,000 to the project, primarily the Wetlands permitting process
encompassing additional design fees of $19,000, mitigation costs of $33,000 and the addition of sheet
piling to reduce the wetlands impact for a total cost of $321,000.
J. 7 Ordinance to authorize acquisition of property in fee simple to
provide the right-of-way for Dozier's Bridge (CIP 2-174);
and, the acquisition of temporary and permanent easements of
right-of-way, either by agreement or condemnation.
November 7, 1995
-5-
AGENDA RE VIEW SESION
ITEM # 3997O
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
ORDIN,4NCES
J. 1
Ordinance to APPROPRIATE $250,000 additional revenue
from the Federal Emergency Management Agency (FEMA) to
the Fire Department's FY 1995-1996 Operating Budget in
support of the FEMA Urban Search and Rescue Team, Virginia
Task Force No. 2, re personnel costs, equipment and supplies
used in support of the Team's activities in the aftermath of
Hurricane Opal.
J.2. Ordinance to APPROPRIATE $220,000 from the current
balance in the E-911 Emergency Communications Fund to
correct problems and enhance the City's E-911 Computer
Aided Dispatch System.
J.3
J. 4
J. 5
J. 6
J. 7
Ordinance to ACCEPT a GRANT of $60,125 from the U.S.
Department of Justice; and, to APPROPRIATE the Grant to
the Virginia Beach Police Department re purchase of a
Manpower Scheduling and Crime Analysis Information
System.
Ordinance to APPROPRIATE $7,610 from the Fund Balance
in the Francis Land House Trust Fund re operating expenses
and the purchase of furniture for the Francis Land House.
Ordinance to authorize a temporary encroachment into a
portion of City property known as Lake Joyce to Nathan and
Deborah H. Segal re construction and maintenance of a boat
lift and catwalk into the lake.
Ordinance appointing viewers in the petition of Hannaford
Brothers Company for the closure of a portion of Republic
Road/Bonney Parkway (L YNNHA VEN BOROUGH).
Ordinance to authorize acquisition of property in fee simple to
provide the right-of-way for Dozier's Bridge (CIP 2-174);
and, the acquisition of temporary and permanent easements of
right-of-way, either by agreement or condemnation.
J. 8 Ordinance to authorize tax refunds in the amount of $6,222.03.
November 7, 1995
-6-
CITY COUNCIL CONCERNS
12:33 P~I.
ITEM It 39971
Mayor Oberndorf advised she attended the Presidential Conference on Travel and Tourism. At this
Conference Secretary Penia announced a road would be built directly to Myrtle Beach. Mayor Oberndorf
assumed he meant an Interstate. There were 700 delegates attending this meeting. Secretary Penia was
discussing specific areas which would be funded for special access roads. After he spoke, the Chief
Executive Officer of A.dA discussed the inadequate controls for airport landings. A vacuum tube is utilized,
which is no longer made in the United States, and must be purchased abroad. The new systems have not
been institutec~
Vice Mayor Sessoms referenced the high speed rail, which is basically going to be an 1-95 mute. If the
City is not prepared to tie into something like this in the future, we are going to be bypassed.
Council Lady Henley attended a meeting this morning of a coalition, which will be working to assure that
southside is a destination on the high speed rail. There are already plans approved for funding studies
for the Richmond to Washington link and plans from Richmond to Newport News. Council Lady Henley
believed the City should make sure they are active in promoting and this area does not get left out of the
high speed rail.
Council Lady Strayhorn advised when she became a member of the TRT, she was notified of Virginia
Beach's stand against mass transit.
ITEM It 39972
Council Lady Henley referenced the Public Hearing re General Assembly Joint Subcommittee It, IR 656
(dedicated funding source for regional transit) at Norfolk State University on October 25, ]995. She was
unable to attend as her car broke down. The City needs a better transportation system. Her car broke
down right by a TRT stop & ride lot; however, since this is only serviced at rush hour, it was not useful
for her to be there. Council l_xtdy Henley distributed a packet of information which included the Resolution
establishing the Joint Subcommittee, the membership of the Subcommittee and the Advisory Committee.
Council Lady Henley is a member of this Advisory Committee. A "white paper" (also included) provided
a background relative public transportation in Hampton Roads. Council Lady Henley also received from
the Legislative Servic~ Division copies of the written statements presented at the Public Hearing including
the statement of the City of Norfolk, some of the other localities, several agencies and private individuals.
An analysis of 55 different alternatives across the country for financing urban transportation was also
included.
November 7, 1995
-7-
ITEM # 39973
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, November 7, 1995, at 12:45 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert lC Dean, William gE.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Absent:
Nancy lC Parker
November 7, 1995
-8-
ITEM # 39974
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its' EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employmeng assignmeng appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit: Appointments - Boards and Commissions:
Hampton Roads Air Pollution District Commission
Historical Review Board
Minority Business Council
Southeastern Virginia Area Model Program
Transportation Safety Commission
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
School Division Deficit
Police Department - Computer Aided Dispatch System
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
Disposition of Public Property
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa 3/1. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
November 7, 1995
-9-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
November 7, 1995
2:00 P~I.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 7, 1995, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Brancl~ III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Absent:
Nancy If. Parker
[IN CHARLOTTE, NORTH CAROLINA,
FATHER VERY ILL IN tlOSP~AL]
INVOCATION:
Reverend Joseph E. French
Francis Ashbury United Methodist Church
PLEDGE OF ALLEGIANCE TO ~E FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record.
November 7, 1995
- 10 -
Item IV-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39975
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: I0-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones,
Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessoms, Jr and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy I(. Parker
November 7, 1995
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 39974, Page No. 8 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, Co) only such public business matters
as were identified in thc motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
City Clerk
November 7, 199:5
- 11 -
Item IV-F. 1.
MINUTES
ITEM # 39976
Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of October 24, 1995.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr
Council Members Absent:
Nancy IC Parker
Vice Mayor Sessoms ABSTAINED, as he was not in attendance during the City Council Session of
October 24, 1995.
November 7, 1995
- 12 -
Item IV-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39977
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 7, 1995
- 13 -
Item IV-L
PRESENTATION
ITEM # 39978
Patricia Phillips, Director of Finance, introduced the auditors for the Presentation on the Results of
Additional Procedures Performed in Connection With the Audit of Fiscal Year 1994-1995 of the
Virginia Beach School Board:
D. Scott Schowalter - Public Services Professional Practice Partner
Elizabeth P. Foster - Engagement Partner (not in attendance due to the birth
of her child).
Susan P. Reed - Engagement Senior Manager
Scott and Susan advised the School Board is a component unit of the City of Virginia Beach. It is a
legally separate entity that is fiscally dependent upon the primary government of Virginia Beach. The City
finance department issues a CAFR (Comprehensive Annual Financial Report) which includes all School
Board related funds. KPMG audits the CAFR, issuing an opinion on all funds including the School
Board. The purpose of the annual audit is to obtain reasonable assurance that the financial statements
are free of material misstatement. KPMG'S opinion states that in their opinion the financial statements
contained in the CAFR present fairly, in all material respects the financial results of the City are in
conformity with generally accepted accounting principles. Due to the concern regarding the reliability
of the financial results reported by the School Board, the City Council requested KPMG to perform
additional procedures related to the School Board in order to be able to state that the financial statements
are fairly represented.
The School Operating Fund Deficit is $12.1-MILLION.
Question: What caused the deficit?
AI~s~,er ;
Actual revenues were LESS than
budgeted revenues.
Actual expenditures were MORE
than budgeted expenditures.
MAJOR VARIANCES
Actual revenues were $$.7-MILLION less than budgeted revenues.
Shorq'all in Basic Aid from the Commonwealth and Impact Aid
from the Federal Government.
Actual expenditures and transfers were $6.3-MILLION more than
budgeted expenditures.
For example:
Personal services costs in instruction, public transportation and
operations and maintenance were, on a combined basis, over
budget by over $5-MILLION.
Special education contractual services were over budget by $2-
MILLION.
School plant contractual services were over budget by SI-
MILLION and over charges (primarily electrical services) were
also over budget by SI-MILLION.
November 7, 1995
- 14 -
Item 1V-I.
PRESENTATION
ITEM # 39978 (Continued}
RECONCILIATION OF UNAUDITED SCHOOL BOARD
OPERATING FUND DEFICIT TO THE AUDITED DEFICIT
Previously Reported Unaudited Fund Deficit (including encumbrances} at $ 7,334,575
June 30, 1995
Audit AdjustmentS to Decrease Revenues:
State share of sales tax payment which should be recognized in fiscal year 1,607, 783
1995 - 1996
Summer school revenues collected in advance of related expenditures 517.914
TOTAL REVENUE ADJUSTME~S 2,125,697
Audit Adjustments to increase (decrease) Expenditures:
FRS life insurance and pension contributions refund receivable not 2,025,000
available and measurable at June 30, 1995
Electric bills charged to fiscal year 1995-1996, which belong in fiscal year 512,515
1994-1995
Capital expenditures charged to the ADA compliance project in the capital 270,359
projects fund, which were not ADA related
Net reduction in interfund charges to the school operating fund from the (124,553)
self-insurance fund
Transfer to the athletic fund to fund additional athletic expenditures 23.172
TOTAL EXPENDITURE ADJUSTMENTS 2, 706,493
Audited Fund Deficit (including encumbrances) June 30, 1995 12,16~ 765
Less: Encumbrances at June 30, 1995 (108,665)
AUDITED GAAP FUND DEFICIT AT JUNE 30, 1995 $ 12.058.100
The School Board Operating Fund Budget was prepared without realistic supporting assumptions and
documentation for many key revenue, payroll expenditure and non-payroll expenditure line items. Basic
School Aid revenue appears to have been budgeted using overly optimistic projected September
enrollment numbers without considering that Basic School Aid received is based on the average daily
membership from September to March which has historically been lower than September enrollment. The
following recommendations were cited:
Budgeted revenues from the Commonwealth should be based on realistic
expected average daily membership from September to March.
Worksheets which document, in an understandable format, how the
budgeted revenue numbers are calculated should be prepared and
retained.
Budgeted revenue categories should be consistent with how actual
revenue received is categorized.
November 7, 1995
- 15 -
Item IV-L
PRESENTATION
ITEM # 39978 (Continued)
Relative Payroll, the Fiscal Year 1994-95 budgeted compensation expense for middle school teachers was
less than actual expenses for Fiscal Year 1993-94.
Personal services costs should be budgeted using a combination of the
number of positions and the corresponding dollars to be paid for those
positions. A realistic estimate from the salary scale shouM be used to
budget all new positions.
Worksheets which document, in an understandable format, how budgeted
personal services costs were calculated for each budget unit should be
prepared and retained. These worksheets should be made readily
available to all persons responsible for budgetary monitoring of payroll
expenditures.
Concerning Non-Payroll, several budget unit directors were not provided historical financial information
to provide input on their non-payroll expenditure budgets. In other cases, estimates of expenditures
submitted by budget unit directors were overridden in the budget process. Items such as reprographic
services were excluded from the budget.
Budget unit directors should be provided two years of historical financial
information to estimate budgets for non-payroll expenditures.
All expected expenditure categories should be budgeted with a clear
definition of the types of costs to be included in each budget line item.
The effectiveness of the budget unit directors in controlling expenditures and keeping them within
budgetary guidelines was reduced because they did not have primary authority over their units.
In Fiscal Year 1994-95, the budget unit directors were not involved directly enough in developing the
budgets for their units. They provided input but did not get feedback on how final numbers were
determined. The budget directors did not have influence over budget transfers. Expenditures
were sometimes charged to a budget unit without the director's knowledge or approval.
Budget unit directors should be given primary authority over their units,
if they are to be held accountable for actual results. At a minimun~ they
need to be directly involved in preparing the budget; they need to be
informed of budget transfers; and they need to approve or delegate
authority to approve all expenditures charged to their budget.
The School Board Operating Budget was not used as a tool to evaluate and monitor progress of actual
financial results versus projected financial results.
The large volume of detailed financial information provided to School Board Members may make it
difficult to monitor actual results to the budget and identify significant trends and variances which would
lead to actions to avoid overspending.
A management reporting package needs to be designed which will
provide School Board Members and School Board Management with
meaningful and easy to understand information, which focuses attention
on significant trends and variances.
November 7, 1995
- 16 -
Item IV-L
PRESENTATION
ITEM # 39978 (Continued}
Concerning the Department of Administrative Services, the deficit that ultimately resulted in FY 94-95
was not identified or quantified on a timely basis.
Overall responsibility for monitoring actual revenues and expenditures
should reside with this department.
At least quarterly, a projection of year-end revenues and expenditures
shouM be prepared.
In Fiscal Year 1994-95, budget unit directors were supposed to be accountable for expenditures, which
could not be easily monitored from the information they were provided.
Information compatible with the level of accountability should be
provided to budget unit directors. This information should include:
All budget transfers made to and from their unit
Subtotals by expenditure category
The nature of individual transactions charged to expenditure
line items should be easily obtainable and understandable.
Accounting information necessary to monitor expenditure line items
shouM be readily accessible to directors. The data shouM be kept current
to facilitate monitoring.
Excessive budget transfers were made throughout the year. These transfers were often made to avoid
reporting overexpended line items; they were not the result of policy decisions to revise how money should
be spent.
Budget transfers of $43-MILLION were made throughout the year. In May 1995, a budget transfer of
over $12-M1LLION was recorde~ Appropriations were transferred out of certain line items even though
intended expenditures were not completed, for example, indoor air quality expenditures. Evidence of
explicit Board approval of all budget transfers over $10,000 made in fiscal year 1994-95 could not be
obtained.
A more realistic budget should minimize the number of budget transfers
required during the year. Budget transfers should be communicated to
those responsible for budget monitoring.
Budget transfers should be approved by the School Board prior to
posting. Adequate supporting detail should be provided to the School
Board Members to document the rationale for requested budget transfers.
The control and monitoring of personnel costs is difficult due to the type of information available and
the type of systems currently being utilized by School Board personnel.
In Fiscal Year 1994-95, the School Board did not have an effective system to ensure that only budgeted
positions were hired, that salaries committed to were within budgeted salary dollars and that actual
payroll expenditures incurred were within budgeted salary dollars. In Fiscal Year 1995-96, the School
Board has implemented a position control system which reports budgeted positions and budgeted dollars
and compares this to positions staffed and salaries committed; however, the reports generated by the
position control system do not show the actual salary dollars spent for a given personal services line item.
The School Board should consider purchasing an integrated position
control system that links the budget, personnel and payroll.
November 7, 1995
-17-
Item IV-L
PRESENTATION
ITEM # 39978 (Continued)
At a minimum, the Budget Summary Report from the position control
system should include year to date actual personal services costs from the
payroll system.
Also need to address non-contract personal services.
The School Board proprietary funds had built up their fund balances (retained earnings) through 1993,
however these fund balances were substantially reduced in 1994 through transfers and billings to the
School Board Operating Fund.
,4 more realistic budget should minimize the need to transfer amounts
from other School Board funds to balance the School Board operating
Management needs to identify the purpose of these proprietary funds and
clearly state what revenues and expenditures should be recorded therein.
Under Generally Accepted Accounting Principles (GAAF), you cannot encumber what is not available.
Approximately SI-MILLION of unfdled purchase orders were canceled in June of 1994. These purchase
orders were reissued in July 1994 and were correctly included as expenditures in Fiscal Year 1994-95
when the goods and services were received. Although these expenditures contributed to the ultimate deficig
canceling unfired purchase orders was not a misstatement of Fiscal Year 1993-94 expenditures since no
liability existed at June 30, 1994.
When previously canceled purchase orders are reissued in a new year,
the impact must be considered during the monitoring of the actual
financial results versus the budget.
SUMMARY OF KEY RECOMMENDATIONS
Develop a realistic budget.
Provide the Budget Unit Directors with primary authority and
the appropriate tools to ensure proper accountability.
Monitor budget versus actual results.
Decrease and monitor the number of budget adjustments.
Integrate the position control system linking budget, personnel
and payroll.
Define the purpose of proprietary funds.
November 7, 1995
- 18 -
Item IV-J.
CONSENT AGENDA
ITEM # 39979
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council APPROVED in one
motion Items, 1, Z 4, 6, 7 and 8 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W..
Harrison, Jr. *, Harold Heischober, Barbara M. Henley, Louis 1~ Jones,
Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
*Councilman Harrison ABSTAINED on Item J-6 as his firm provides legal services ,for the Hannaford
Company.
November 7, 1995
- 19 -
Item IV-J. 1.
CONSENT AGENDA
ITEM # 39980
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED:
Ordinance to APPROPRIATE $250,000 additional revenue from the
Federal Emergency Management Agency (FEMA) to the Fire
Department's FY 1995-1996 Operating Budget in support of the FEMA
Urban Search and Rescue Team, Virginia Task Force No. 2, re personnel
costs, equipment and supplies used in support of the Team's activities in
the aftermath of Hurricane Opal.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy I~ Parker
November 7, 1995
AN ORDINANCE TO APPROPRIATE $250,000 IN ADDITIONAL REVENUES FROM
THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE DEPARTMENT'S FY 1995-96
OPERATING BUDGET IN SUPPORT OF THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK
FORCE NO. 2, FOR PERSONNEL COSTS, EQUIPMENT, AND SUPPLIES USED IN SUPPORT OF
THE TEAM'S ACTIVITIES IN THE AFTERMATH OF HURRICANE OPAL.
WHEREAS, on October 4, 1995, hurricane Opal struck the state of Florida and caused
considerable property damage,
WHEREAS, in response to a Presidential declaration of a state of emergency, the FEMA Urban
Search and Rescue Team, Virginia Task Force No 2, comprised of personnel from the C~y of Virgima Beach, as
well as from across the Hampton Roads Region, was activated and dispatched to Flonda along vath the necessary
equipment and supplies to render search and rescue assistance, and
7
8
10
WHEREAS, under federal law and the agreement between FEMA and the C~y, which establishes
the C~y as the fiscal agent for the regional FEMA Team, all recurred costs associated wth the actual deployment of
the Team, including personnel costs and consumed supphes and equipment, as well as the cost of equipment
necessary to bring the Team up to FEMA approved standards ~s fully reimbursable from FEMA
11
12
13
14
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $250,000 ~n additional revenues from the Federal Emergency Management Agency be
appropnated ~n the F~re Department's FY 1995-96 Operating Budget for all ~ncurred costs associated w~th the
response of the FEMA Urban Search and Rescue Team, Virg~ma Task Force No 2, to hurricane Opal ~n Florida
15
16
17
BE IT FURTHER ORDAINED, that estimated Federal revenues m the F~re Department's FY 1995-
96 Operating Budget be increased by $250,000
Adopted by the Council of the C~ty of Virginia Beach, Virg~ma on the ....7 day of November, 1995
F ~nbasket~pharns\flreerns~emafl
APPROVED AS TO
LEGAL SUFFICIENCY
L J_ L_
Approved as to Content
walter C. Kraemer, Jr.
Management and Budget
I I I II III II II I I II I
- 20 -
Item IV-J.Z
CONSENT AGENDA
ITEM # 39981
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED:
Ordinance to APPROPRIATE $220,000 from the current balance in the
E-911 Emergency Communications Fund to correct problems and
enhance the City's E-911 Computer Aided Dispatch System.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones,
Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
November 7, 1995
AN ORDINANCE TO APPROPRIATE $220,000 FROM
CURRENT BALANCE IN THE E-911 EMERGENCY
COMMUNICATIONS FUND TO CORRECT PROBLEMS IN
AND TO ENHANCE THE CITY'S E-911 COMPUTER
AIDED DISPATCH SYSTEM
WHEREAS, a reliable computer aided d~spatch system ~s v~tal to the operabon of
the Public Safety Emergency Commun~cabons Center,
WHEREAS, the C~ty's ex~sbng system, contracted for ~n 1992, ~s not reliable and
does not perform as specified,
10
11
12
WHEREAS, a solubon to the problems of the current system has been identified
that sabsfles the C~ty's requirements, provides enhanced technology and additional
hardware, and increases the Iongewty of the system, and
13
14
15
WHEREAS, sufficient funds are available ~n the E-911 Emergency Commun~cabons
Fund balance to prowde $220,000 toward correcbng problems ~n and enhancing the
C~ty's current emergency commun~cabons system,
16
17
18
19
2O
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that $220,000 from the E-911 Emergency
Communications Fund balance be appropriated to Capital Project #3-008 (Computer
A~ded D~spatch System) to correct problems ~n and to enhance the C~ty's computer
a~ded emergency d~spatch system
21
22
23
Th~s ordinance shall be effecbve on the date of ~ts adoption
Adopted by the Council of the C~ty of V~rg~n~a Beach, Virginia, on the
Seventh of November , 1995
APPROVED AS TO CONTENT
Walt.er.~raemer
Resource and Management Services Administrator
Department of Management Services
- 21 -
Item 1V-J.3.
CONSENT AGENDA
ITEM # 39982
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED:
Ordinance to ACCEPT a GRANT of $60,125 from the U.S. Department
of Justice; and, to APPROPRIATE the Grant to the Virginia Beach
Police Department re purchase of a Manpower Scheduling and Crime
Analysis Information System.
Voting:
10-0 (By Consent)
Council Members l,~oting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
November 7, 1995
1
2
3
4
5
AN ORDINANCE TO ACCEPT A GRANT OF $60,125 FROM THE
U. S. DEPARTMENT OF JUSTICE AND TO APPROPRIATE THE GRANT
TO THE VIRGINIA BEACH POLICE DEPARTMENT FOR THE
PURCHASE OF A MANPOWER SCHEDULING AND
CRIME ANALYSIS INFORMATION SYSTEM
WHEREAS, the Virginia Beach Police Department has been awarded $60,125 from
the U S Department of Jusbce for 70% of the cost of hardware and software for a
manpower scheduling and crime analyms ~nformabon system,
9
10
11
WHEREAS, the remaining 30% of the cost of the system w~ll be prowded by
currently budgeted funds ~n the Police Department's FY 1995-96 Operabng Budget,
and
12
13
14
WHEREAS, s~x current police officers w~ll be deployed ~nto community policing
acbwbes as a result of manpower efficiency gains resulbng from the use of the
~nformabon system,
15
16
17
18
19
2O
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that $60,125 ~n grant funds be accepted from the U S
Department of Jusbce and appropriated to the FY 1995-96 Operabng Budget of the
V~rg~n~a Beach Police Department for the purchase of a manpower scheduling and
crime analyms ~nformabon system, and that esbmated revenue from the federal
government be ~ncreased by the amount of the grant award
21
22
23
Th~s ordinance shall be effecbve on the date of ~ts adopbon
Adopted by the Council of the C~ty of V~rgm~a Beach, V~rg~n~a, on the
Seventh of November , 1995
APPROVED AS TO CONTENT
Walte~emer
Resource and Management Services Administrator
Department of Management Serwces
APPROVED AS TO
LEGAL SUFF!"' ,' ':CY
- 22 -
Item/V-J. 4.
CONSENT AGENDA
ITEM # 39983
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED:
Ordinance to APPROPRIATE $7,610 from the Fund Balance in the
Francis Land House Trust Fund re operating expenses and the purchase
of furniture for the Francis Land House.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
No~e
Council Members Absent:
Nancy I~ Parker
November 7, 1995
AN ORDINANCE TO APPROPRIATE $7,610 FROM FUND BALANCE
IN THE FRANCIS LAND HOUSE TRUST FUND FOR
OPERATING EXPENSES AND THE PURCHASE OF FURNITURE
FOR THE FRANCIS LAND HOUSE
WHEREAS, the Friends of the Franc~s Land House support the programs, exhibits,
6 and acbwbes of the Franc~s Land House through fund-ra~mng sales and events, dues
7 generated through memberships, and d~rect cash donahons, and
WHEREAS, the Friends of the Franc~s Land House desire to appropriate $7,610
9 from fund balance ~n the Franc~s Land House Trust Fund for operahng and program
10 expenses and the purchase of period furniture for the Franc~s Land House, and
11
WHEREAS, the current balance in the Franc~s Land House Trust Fund exceeds the
12 amount requested for appropriation,
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA, that $7,610 be appropriated from fund balance ~n the
15 Franc~s Land House Trust Fund to the Trust Fund's FY 1995-96 Operahng Budget for
16 operabng and program expenses and the purchase of period furniture for the Franc~s
17 Land House
18
Th~s ordinance shall be effechve on the date of ~ts adopbon
19
20
Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the
Seventh of November , 1995
APPROVED AS TO CONTENT
.... Walter K
Resource and Management Services Administrator
Department of Management Semces
APPROVED AS TO
LEGAL SUFFICIENCY
I r I I
Item 1V-J. 5.
CONSENT AGENDA
ITEM # 39984
ORDINANCES
Jack L. Fox, 4300 Sandy Bay Drive, represented the Baylake Pines Civic League and requested
DEFERRAL.
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council DEFERRED until
the City Council Session of November 28, 1995:
Ordinance to authorize a temporary encroachment into a portion of City
property known as Lake Joyce to Nathan and Deborah H. Segal re
construction and maintenance of a boat lift and catwalk into the lake.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy I~ Parker
November 7, 1995
- 24 -
Item IV-J.6.
CONSENT AGENDA
ITEM # 39985
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED:
Ordinance appointing viewers in the petition of Hannaford Brothers
Company for the closure of a portion of Republic Road/Bonney Parkway
(L YNNHA VEN BOROUGH).
The Viewers are:
The Viewers are:
David M. Grochmal
Director of General Services
Robert J. Scott
Director of Planning
Director of Public Works
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, Harold
Heischober, Barbara M. Henley, Louis P~ Jones, Mayor Meyera E.
Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
Nancy I~ Parker
Councilman Harrison ABSTAINED as his firm provides legal services for the Hannaford Company.
November 7, 1995
ORDINANCE APPOINTING VIEWERS
WHEREAS, the City of Virginia Beach has given due and
proper notice, in accordance with the statutes for such cases made
and provided that they will on the 7th day of November ,
1995 apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the hereinafter
described property and report in writing to the Council whether, in
the opinion of said Viewers, any, and if any, what inconvenience
would result from the discontinuance of such portion of the
hereinafter described street, and has filed such application with
said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT RALPH SMITH, ROBERT J. SCOTT AND DAVID GROCHMAL, are
hereby appointed to view the hereinafter described property and
report in writing to the Council as soon as possible, whether, in
their opinion, any, and if any, what inconvenience would result in
the discontinuing and vacating of that certain portion of Republic
Road/Bonney Parkway located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
A port~on of Republic Road/Bonney Parkway, a 60 foot dedicated
right-of-way located in the Lynnhaven Borough of the City of
Virginia Beach more particularly described as follows:
Ail that certain portion of Republic Road/Bonney Parkway
as depicted and dedicated as shown on that plat recorded
in the Virginia Beach Circuit Court Clerk's Office in Map
Book 213 at page 106 and on the property of N.C. Wright,
Jr., Trustee, as shown on that certain plat recorded in
the Virginia Beach Circuit Court Clerk's Office in Map
Book 208 at page 42.
Aaooted by the Council of the City of Virginia Beach,
Virginia, on this 7th day of November 1995.
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION
OF THAT CERTAIN STREET KNOWN AS REPUBLIC ROAD/BONNEY PARKWAY
AS SHOWN UPON THOSE CERTAIN PLATS RECORDED IN THE VIRGINIA
BEACH CIRCUIT COURT CLERK'S OFFICE IN MAP BOOK 213 AT PAGE 106
AND MAP BOOK 208 AT PAGE 42.
WHEREAS, it appearing by affidavit that proper notice has
been given by the City of Virginia Beach that it would make
application to the Council of the City of Virginia Beach, Virginia,
on , 1995 to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated;
A portion of Republic Road/Bonney Parkway, a 60 foot
dedicated right-of-way located in the Lynnhaven Borough
of the City of Virginia Beach more particularly described
·
as follows:
All that certain portion of Republic Road/Bonney Parkway
as depicted and dedicated on that plat recorded in the
Virginia Beach Circuit Court Clerk's Office in Map Book
213 at page 106 and that certain plat recorded in the
Virginia Beach Circuit Court Clerk's Office in Map Book
208 at page 42.
SECTION II
A certified copy of this Ordinance shall be filed in the
Clerk's office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach as
Grantor.
Virginia, on this
Adopted by the Council of the City of Virginia Beach,
day of 1995.
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held on the
7th day of November, 1995, in the City Council Chambers, City Hall,
Municipal Center, Virginia Beach, Virginia 23456, the undersigned
will petition the Council for the appointment of Viewers to view
the hereinafter described portion of Princess Anne Road and report
to the City Council whether in the opinion of the Viewers, what, if
any, inconvenience would result from the vacating, closing, and
discontinuance of the portion of same. The said portion of the
street being described as follows:
A portion of Republic Road/Bonney Parkway, a 60 foot
dedicated right-of-way located in the Lynnhaven Borough
of the City of Virginia Beach more particularly described
as follows:
Ail that certain portion of Republic Road/Bonney Parkway
as depicted and dedicated on that plat recorded in the
Virginia Beach Circuit Court Clerk's Office in Map Book
213 at page 106 and on that certain plat recorded in the
Virginia Beach Circuit Court Clerk's Office in Map Book
208 at page 42.
heard.
At that time, any affected person may appear and be
At the next regular meeting of the City Council after the
report of the Viewers is received, or as soon thereafter as the
matter may be placed on the Council agenda, the undersigned will
Petition the City Council to vacate, close and discontinue the
portion of street in the City of Virginia Beach, Virginia as
described above.
Of Counsel
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING OF A
PORTION OF THAT CERTAIN STREET KNOWN AS REPUBLIC ROAD/BONNEY
PARKWAY, AS SHOWN UPON THOSE CERTAIN PIJkTS RECORDED IN THE
VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE IN MAP BOOK 213 AT
PAGE 106 AND MAP BOOK 208 AT PAGE 42.
.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, City of Virginia Beach, respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the Code of Virginia, as amended, the Petitioner applys for the
vacating, closing, and discontinuance of a portion of the certain
street, which is more specifically described as follows:
A portion of Republic Road/Bonney Parkway, a 60 foot
dedicated right-of-way located in the Lynnhaven Borough of the
City of Virginia Beach more particularly described as follows:
All that certain portion of Republic Road/Bonney Parkway
as depicted and dedicated on that plat recorded in the
Virginia Beach Circuit Court Clerk's Office in Map Book
213 at page 106 and on that certain plat recorded in the
Virginia Beach Circuit Court Clerk's Office in Map Book
208 at page 42.
2. That no inconvenience will result to any person by
reason of the closing, vacation and discontinuance of a portion of
the street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view the portion of the
platted street proposed to be closed and to report in writing to
the Council as soon as practicable as to whether, in the opinion of
said Viewers, what inconvenience, if any, would result from the
discontinuance and the closing of the portion of the street
described hereinabove.
3. That on the 13th day of October 1995, and on the
20th day of October 1995, notice of the presentation of this
application was published in the Virginia Beach Sun, a newspaper of
general circulation in the City of Virginia Beach, Virginia, as
evidenced by the Affidavit and Notice attached hereto.
4. That the fee simple owners of all land along and
adjacent to and affected by said portion of the platted street are:
W.B. Meredith, II; N.C. Wright, Jr., Trustee; and Haywood B.
Claudette H. Hyman.
Respectfully submitted,
of
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, R.J. NUTTER, II, attorney for HANNAFORD BROS.,
COMPANY, being first duly sworn, deposes and states:
1. That I am an attorney at law and represent Hannaford
Bros., Co.
2. That on the 13th day of October, 1995, and on the
20th day of October, 1995, notice of the presenting of the
application to close a portion of that certain street known as
Republic Road/Bonney Parkway and was published in the Virginia
Beach Sun, a newspaper of general circulation in the City of
Virginia Beach, Virginia.
And further the deponent saith not.
Re
Subscribed and sworn to before me this~;a~'34~ day of
October, 1995.
~o~ary Public
My commission expires:
CERTIFICATE OF VESTING OF TITLE
I, R.J. NUTTER, II, attorney for HANNAFORD BROS., CO.,
the Petitioner, do hereby certify that:
1. I am an attorney at law and represent Hannaford
Bros. Co., the petitioner.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in W.B. Meredith,
II; N.C. Wright, Jr., Trustee and Haywood B. And Claudette H.
Hyman, the adjacent landowners.
The said property referred to herein is hereby described
as follows:
A portion of Republic Road/Bonney Parkway, a 60 foot dedicated
right-of-way located in the Lynnhaven Borough of the City of
Virginia Beach more particularly described as follows:
Ail that certain portion of Republic Road/Bonney Parkway
as depicted and dedicated on that plat recorded in the
Virginia Beach Circuit Court Clerk's Office in Map Book
213 at page 106 and on that certain plat recorded in the
Virginia Beach Circuit Court Clerk's Office in Map Book
208 at page 42.
HANNAFORD BROS. CO
BY:
R.J. Nutter, II
Counsel for Hannaford
The Virginia Beach Sun
affidavit
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
to wit:
This day Brenda Anthony
personally appeared before me
and after being duly sworn made
oath:
(1) (He) (She)is affidavit clerk of
a newspaper published by Byerly
Publications, in the city of Virginia
Beach, State of Virginia;
(2) That the advertisement
hereto annexed of
Nannaford Brothers Co.
has been published, ~n said
newspaper on the following
dates:
138 South Rosemont Road, Suite 209
Virginia Beach, VA 23452
10-20-95
10-13-95
19
~r/'/Z~ ('~~ Affiant
sr-~l~scnbed a~d-swo~to before
me in my city and state aforesaid
this 18 t h day of Oct ob~ r
19 95
My commission expires
June30 ~ ~ 19 99
Nota~ Public
I "'mJ.e. uCsml
'_' P_LE, SE. TA K' NO'ri_CE,
City ~oun~a ~~,' City
r~o~ 8f Yq~leel~t' 'j~ ~ROad
'and relfOtt~to ~the' City"council
'whether'/fi' the~ opinion of the
Viewers,:~what,'tf any, Incon-
venience would'result from the
vacaflng,'~'closlng, 'and discon-
tinuance of the portion of same.
The said portion of the street
being described ns follows:
, A portion of Republic
Road/Bonncy Parkway, a 60 foot
dedicated right-of-way located in
the Lynnhaven Borough of the
City of Virginia Beach more
particularly described as follows:
AH that certain portion of Re-
public Road/Bonney Parkway ns
depicted nnd dedicated on that
plat recorded in the Virginia
Beach Circuit Court Clerk's Of-
rice in Map Book 213 at page 106
and on that certain plat recorded
in the Virginia Beach Circuit
Court Clerk's Office in Map Book
208 at page 42.
At that time, any affected
person may appear nnd be heard.
At the next regular meeting of
the City Council after the report
of the Viewers is received, or as
soon thereafter ns the matter may
be placed on thetCouncil agenda,
the undersigned will Petition the
City Council to vacate, close and
discontinue the lxxtion of street in
the City of Virginia Beach, Vir-
ginia as described above.
HANNAFORD BROS. CO.
By: P. Watkins
Of Counsel
41-2
2+10-20
F; n
608 5,
4 -- -C vrCID~' LN S ~2 44 Z£' ~ 264 07
LASKIN ROAD (160' ,RIGHT i-OF-WAY)
~ ~ ~o
Item IV-J. Z
CONSENT AGENDA
ITEM # 39986
ORDIN,4NCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council AIK)PTED:
Ordinance to authorize acquisition of property in fee simple to provide
the right-of-way for Dozier's Bridge (CIP 2-174); and, the acquisition
of temporary and permanent easements of right-of-way, either by
agreement or condemnation.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
November 7, 1995
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY IN FEE
SIMPLE FOR RIGHT OF WAY FOR DOZIER'S
BRIDGE PROJECT (CIP 2-174) AND THE
ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS OF RIGHT OF WAY,
EITHER BY AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City
of Virginia Beach, Virginia, a public necessity exists for the
replacement of the existing bridge to provide transportation and
for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the
acquisition by purchase or condemnation pursuant to Sections 15.1-
236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq.,
Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all
that certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans entitled
"LOCATION MAP FOR DOZIER'S BRIDGE PROJECT C.I.P. #2-174," these
plans being on file in the Office of Real Estate Department of
Public Works, Virginia Beach, Virginia.
Section 2. That the City Manager is hereby
authorized to make or cause to be made on behalf of the City of
Virginia Beach, to the extent that funds are available, a
reasonable offer to the owners or persons having an interest in
said lands. If refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the Seventh day of November , 1995,
CA-5689
NONCODE~CA5689.ORD
R-1
.i£OVED AS TO CONTENTS
":' SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
..~FFICIENCY AND FO~RM
~-J cITY ~TTORN~Y~
- 26 -
Item/V-J. 8.
CONSENT AGENDA
ITEM # 39987
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED:
Ordinance to authorize tax refunds in the amount of $6,222.03 upon
application of certain persons and upon Certification of the City
Treasurer for payment.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
November 7, 1995
FORM NO C A 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAHE Tax Type Ticket Exonera- Date Penalty Int.
Year of Tax Number tion No. Paid
Total
Shuttleworth, Ruloff etal 95 RE(2/2)
Maude E Parramore 95 RE(2/2)
Va Bch Development Authority 94 RE(2/2)
Va Bch Development Authority 95 RE(l/2)
Va Bch Development Authority 95 RE(2/2)
First Nat'l Mortgage Corp 94 RE(l/2)
First Nat'l Mortgage Corp 94 RE(2/2)
First Nat'l Mortgage Corp 95 RE(l/2)
First Nat'l Mortgage Corp 95 RE(2/2)
Fleet RE Funding 95 RE(l/2)
Fleet RE Funding 95 RE(2/2)
Chesapeake Bay Bridge Tunnel 95 RE(2/2)
Brett J Roeske 94 PP
Linda Lennon N/A Pkng
Charles Brothers N/A Pkng
Bryant Reed N/A Pkng
Lorna E Bernet N/A Pkng
Barbara Imhoff N/A Pkng
105693-5 6/5/95 35.40
090344-2 5/18/95 152.26
021436- 7 6/3/94 857.34
021483 -8 11/28 / 94 2,308.50
021483-8 6/5/95 2,308.50
026901-2 11/23/93 22.16
026901-2 5/27/94 22.16
026919-1 11/23/94 22.16
026919-1 5/21/95 22.16
006568- 7 11/28/94 57. O0
006568-7 5/19/95 57. O0
060331-0 2/6/95 174.20
181110-1 9/15/95 39.19
B47320 9/7/95 12.00
486874 8/22/95 12.00
B38136 6/30/95 10.00
470425 9/20/95 100. O0
B40513 6/30/95 10.00
Total
6,222.03
T,,,s ordinance shall be effective from date of adoption.
The{~ v~o b~ment(s) totaling
q,u,~, were approved by
the Council of the C~ty of V~rg~nia
Beach on the 7_ day of Novembez'... 1995
Ruth Hodges Smith
C~ty Clerk
Jol~ T. /~,nson, "l~reasurer
Apprbved as to form
Lesl,e L L,lley,'-C,~y-Att~qe-y-~
- 27 -
Item I~-K.I.
APPOINTMENTS
ITEM # 39988
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION
Roger L. Handy
Bartley E. Tuthill , Alternate
Two-year terms
11/01/95 - 10/31/97
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessotns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Nolle
Council Members Absent:
Nancy ~ Parker
November 7, 1995
Item IV-K.2.
APPOINTMENTS
ITEM ti 39989
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
MINORITY BUSINESS COUNCIL
Helen V. Preti
Unexpired term ending 05/31/97
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert lC Dean, William ~.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. OberndorIS, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy lC Parker
November 7, 1995
- 29 -
Item IW-K.3.
APPOINTMENTS
ITEM # 39990
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HISTORICAL REVIEW BOARD
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM - SEVAMP
TRANSPORTATION SAFETY COMMISSION
November 7, 1995
Item I~-L.I.
UNFINISHED BUSINESS
ITEM # 39991
The following spoke relative the Referendum Question on Electoral Reform:
Maurice B. Jackson, 1125 Ditchley Road, Chairman - Virginia Beach Citizens for Electoral Reform, and
proposed their question: "Should City Council request the General Assembly to amend the City Charter
to provide for the election of Councilpersons representing residence districts by the voters of their
respective districts ?"
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in SUPPORT of the Citizens for Electoral
Reform question.
The following proposed Referendum Questions had been distributed to City Council:
Should the method of electing those members of City Council who are
elected from residence districts be amended from at-large system where
all of the voters of the City cast a ballot for each Councilmember to a
ward system where only those voters residing in a Councilmember's
district may cast a vote for that Councilmember?
YES NO
Should the City Councilmember elected from each residence district be
elected by all qualified voters of the City (at large) rather than only by
the voters of that district (ward)?
YES NO
Should those Councilmembers elected from residence districts (formerly
boroughs) be elected by all of the qualified voters of the City at-large
rather than being elected only by the qualified voters of a
Councilmember's district (a ward system) ?
YES NO
Should the City Councilmember elected to represent a particular borough
be elected by all qualified voters throughout the City rather than only by
the qualified voters residing in that particular borough?
YES NO
Should the City Councilmember elected from each residence district be
elected by all qualified voters of the City (at large) rather than only by
the voters of that district (ward)?
If you wish to vote for all eleven Council seats, vote YES.t If you prefer
to vote for only five of the eleven Council seats, vote NO.t
YES NO
November 7, 1995
- 31 -
Item I~-L.I.
UNFINISHED BUSINESS
ITEM # 39991 (Continued)
Vice Mayor Sessoms distributed an atnended version of Councilman Harrison's proposed question:
Should the City Councilmember elected to represent a particular borough
be elected by all qualified voters throughout the City (an at-large
system) rather than only by the qualified voters residing in that particular
borough (a ward system)?
YE~ NO
BY CONSENSUS, City Council DEFERRED:
Referendum question on ELECTO~ REFORM
Leslie L. Lilley, City Attorney
November 7, 1995
- 32 -
Item IV-M.1.
ITEM # 39992
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
School Division Deficit
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into
EXECUTIVE SESSION. (4:21 P.M.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker
November 7, 1995
ITEM # 39993
Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRG1NL4 BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Wednesday, May 31, 1995, at 3:55 P.M.
Council Members Present:
John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf and
Vice Mayor William D. Sessoms, Jr.
Council Members ,4bsent:
Harold Heischober, Louis R~ Jones, Nancy IC Parker and Louisa M.
Strayhorn
November 7, 1995
- 34 -
ITEM # 39994
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business mauers lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
Only such public business mauers as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, I[I, Robert IC Dea~ William W.
Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf and
Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, Louis R. Jones, Nancy K. Parker and Louisa M.
Strayhorn
November 7, 1995
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 39992 Page No. 32 and in accordance with
the provisions of Thc Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of thc Code of Virginia requires a certification by thc
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, Co) only such public business matters
as were identified in the motion convening this Executive Session wcrc heard, discussed or
considered by Virginia Beach City Council.
RU~h HodgesC"Smit~, CMC/AAE
City Clerk
November 7, 1995
Item IV-M.
ADJOURNMENT
ITEM # 39995
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:50 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
November 7, 1995