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APRIL 2, 1996 MINUTES n Xoads irs Caucus March 15,1996 Memorandum #96-71 Fe TO: Hampton Roads Mayor* & Chairs Caucus MAR 19 1996 BY: William E. Ward, Chalffnan RFF',CF If 3--it 0,AY-@R @ITY ef YININIA dEr4a RE: Follow Up to our March 8th Meeting Although we had excellent attendance at our meeting in Portsmouth, I thought it would be helpful to review what we agreed to do for those who could not attend. On the matter of ft Hampton Roads Partnership, we agreed to move forward with local resolutions of support. A suggested Resolution format was included in the packet sent with our March Sth meeting notice. We agreed that the local government contributions would be tiered, with smaller communities paying somewhat less than tm larger ones. Hampton City Manager Bob O'Neill will work out a recommended formula which will be shared with us as soon as possible and certainly before our next meeting, April 26th in Norfolk. On the subject of professional sports and associated quality of life infrastructure, the following actions were agreed to: 1 . We agreed it was appropriate to move forward as a region, in a public/private partnership, to determine if this market has enough business sector support to lease the necessary luxury boxes and provide the other financial support to compete for a major league franchise and get a facility built. The impact on existing local facilities will also be examined. 2. Art Collins would obtain information from the Greater Norfolk Corporation to explain their board structure and composition, legal status, funding, and other pertinent data for our consideration as a contracting vehicle for future studies on regional sports issues (enclosed). 3. By April lst, we agreed to bring to our respective local governments for aztion, two issues. The first is whether or not to participate in the studies and be part of the effort and the second is to obtain a preference for having the Greater Norfolk Corporation a the contracting vehicle, which seemed to be the consensus on the 8th, or use a completely public organization such as HRPDC or the existing eight community Sports Authority of Hampton roads. These actions would be sent to Art Collins by April 12th for inclusion in our April meeting agenda. for inclusion in our April meeting agenda. clo Hampton Roads Planning District Commission 723 Woodiake Drive - Chesapeake, Virginia 23320 - (804) 420-8300 Memorandum #96-71 March 15,1996 Page 2 4. Enclosed is the final version of HB 1234 which enables the fifteen communities in Planning District 23 to form a sports authority. As I understand it, the recently passed enabling legislation does not differ markedly from vaiat is pennifted in the existing sports authority legislation. We can decide on that matter later. I thought we had an excellent meeting last Friday in Portsmouth. I am encouraged that we can work together on issues that are important to the quality of life of our citizens and which may ultimately improve our economic competitiveness. Please give me a call if you have any questions at 547-6462. Enclosures cc: Chief Administrative Officers Art Collins, HRPDC reate or o rporation Dedicoted lo the Future of NorfoLk 215 E. Plume Street - Selden Arcade -Suite 206 -Norfolk, Virginia23510 804/622-2242 Mailing Address - P.O. Box 3224 - Norfolk, Virginia 23514 FAX 804/622-4553 March 11, 1996 Mr. Arthur Collins Executive Director Hampton Roads Planning District Commission The Regional Building 723 Woodlake Drive Chesapeake, VA 23320 Dear Art: Pursuant to our conversation on Friday, I am writing to provide you with some background information about the Greater Norfolk Corporation. The Greater Norfolk Corporation is a non-profit 501 C-6 corporation composed of the Chief Executive officers of leading businesses and institutions in Norfolk. The mission of the Greater Norfolk Corporation is to provide a private sector perspective in support of economic development to the City of Norfolk through initiatives, consultations and interactions with city government and other appropriate entities. In layman terms, the mission of the Greater Norfolk Corporation is to marshall the resources of the private sector in support of the City of Norfolk, with a particular focus on economic development. The Greater Norfolk Corporation was born out of a recognition that successful cities all across America have one common denominator; and that is a strong public/private partnership. Greater Norfolk serves to enhance the public/private partnership here in Norfolk. With respect to Greater norfolk's funding, we receive no monies from the City of Norfolk. our budget is entirely derived of dues from our private sector Board Members. The staff of the Greater Norfolk Corporation consists of two, an Executive Vice President (myself) and an Administrative Assistant. Enclosed for your benefit is a copy of our board roster. Should you have any questions, or if I can be of any additional assistance to you, please do not hesitate to call. Sincerely, Barry C. Bishop Enclosure H R P D C MAR 1 2 1996 R EC @-I V L-: [) GREATER NORFOLK CORPORATION BOARD OF DIRECTORS DIRECTORY LISTING Mr. Alfred E. Mr. J. Robert President Abiousness, Bray, Executive Curtex President Director Construction Abiousness, cross Virginia Port Bradshaw, Inc. Authority Charles N. Cooper, Esquire Dr. Mason C. Dr. E. E. Of Counsel Andrews Brickell, Mezzullo & Jones Institute President McCandlish Medical College of Mr. James F. Hampton Roads Mr. Blake Cullen, Babcock, Chairman President First Virginia Mr. Macon F. Brock Admirals Hockey Bank of Tidewater President and Club Chief Executive Mr. Stephen Officer Mr. Edward E. Ballard, Dollar Tree Cunningham President/CEO Stores, Inc. President and CEO S.B. Ballard, Inc. Life Savings Bank Mr. Thomas J. Mr. Frank Batten, Brockenbrough Mr. Clifford A. Jr. Vice President Cutchins, III President and First Colony Retired Chairman Publisher Coffee & Tea Co., of the Board The Virginian- Inc. Sovran Financial Pilot Corporation Mr. David L. Bernd Mr. Stewart H. Mr. Donald M. Dale Executive Vice Buckle, III Managing Partner President and Goodman & Company Chief operating Mr. Wilbur (Bill) Officer Burch Mr. Joshua P. Sentara Health Resident Vice Darden, Jr. Systems President Darden Properties, Mr. Thomas F. Betz Merrill Lynch Inc. Mays & Valentine Mr. William K. Mr. Robert A. Butler, II Dardenne Mr. Gilbert Bland, President - Norfolk Managing President Eastern Region Partner, Retired Tymark Crestar Bank Price Waterhouse Enterprises, Inc. Mr. John Carr Mr. Peter G. Mr. William E. Chief Executive Decker, Jr. Boggs, Plant Officer Decker Cardon Manager Tarmac America, Thomas Ford Motor company Inc. Weintraub and Coureas Mr. Robert Bonar Ms. Nancy 0. Chief Executive Chandler Mr. Arthur Officer Nancy Chandler Diamonstein Children's Associates Chairman of the Hospital of the Board King's Daughters Mr. Peter Coe, Paramount President Industrial Mr. Robert Friend Taste Unlimited Companies, Inc. Boyd Boyd & Boyd, P.C, Mr. Curtis Cole, Mr. Lyman B. Mr. William A. Mr. James W. Dickerson, Fox, President Griffiths, President Virginia Natural President Ecolochem, Inc. Gas Watters &: Martin, Inc. Mr. Gerald S. The Hon. Paul Divaris, President Fraim, Mayor Mr. Charles Divaris Real City of Norfolk Gwaltney, Area Estate Manager Mr. D. B. Frye, C&P Telephone Mr. Ronald I. Jr., President Company Dozoretz, Frye Properties President Mr. Louis S. First Hospital Ms. Rowena Haddad, President Corporation Fullinwider, Armada Hoffler President Construction Co. Mr. David A. Rowenals, Inc. Durham Mr. Elden Hale Senio- vice Mr. Robert C. President/General President Gibson Manager Crestar Bank - President and WTKR-TV 3 Chief Executive Mr. Aubrey J. Officer Mr. Conrad Hall Ellis Clark Nexsen Owen President and Vice Barbieri & Chief Executive President/Branch Gibson officer Manager Trader Publishing A.G. Edwards & Mr. Steve R. Company Sons, Inc. Gibson Senior Vice Mr. Stephen D. Mr. Stephen F. President Halliday Evans Regional Executive Managing Partner Managing Partner NationsBank Coopers and KPMG Peat, Lybrand Marwick, Mr. Richard S. and Main & Company Michael Glasser Mr. Glenn W. Attorneys and Hampton Mr. Richard A. Counsellors at Law McGuire Woods Eychner Glasser & Glasser Battle and Boothe General Manager American Funds Mr. Richard A. Mr. Alan Hartman, Group, Inc. Goldbach, District Manager President Virginia Power/NC Mr. Brad Face Metro Machine Power Chief Executive Corporation officer Mr. Henry Clay The Face Companies Mr. Jack E. Greer Hofheimer, II Williams Kelly & Mr. Rick Felker Greer, P.C. Mr. T. Parker Chief Executive Host, officer Dr. William T. Jr.,President Goodman Segar Greer, Jr., T. Parker Host, Hogan Hoffler President Inc. Virginia Wesleyan Mr. William J. College Mr. Harold C. Hoy, Foster III President President-Eastern Mr. Earl T. Hoy Construction, Region Gresham, Jr. Inc. Central Fidelity E.T. Gresham Bank Company Mr. Doyle E. Hull Mr. Ron Kramer, Mr. John Morison Chairman - Board President President and of Commissioners Kramer Tire General Manager Norfolk WHRO-TV/WHRO- Redevelopment and Joseph A. Leafe, FM/WHRV-FM Housing Esq. Willcox & Authority - NRHA Savage, P.C. Mr. Robert C. Nusbaum Mr. Thomas A. Mr. Miles Leon, Hofheimer, Hyman, Jr. President Nusbaum, Vice President - S.L. Nusbaum McPhaul & Eastern Division Realty Co. Samuels Virginia Power/ NC Power Mr. Harvey L. Mr. Richard D. Lindsay, Jr. O'Leary, President Mr. Michael S. Chairman/CEO Cruise Ives, Harvey Lindsay International/CI President/CEO Commercial Real Travel CENIT Bank, FSE Estate Mr. Charles E. Mr. W. MacKenzie Mr. Dan Marone, Payne Jenkins General Manager Payne Gates MacKenzie Fibres Waterside Marriott Farthing & Radd International Hotel Mr. Dickinson B. Mr. Stephen A. The Hon. Roy B. Phillips Johnsen, President Martin Vice President The Flagship VA Investment Group, Ltd. Mr. Vincent J. Counselors, Inc. Mastracco, Jr. Mr. Thomas G. Kaufman & Cancles Mr. George G. Johnson, Jr. Phillips, Jr. Willcox & Savage, Mr. John P. Matson Chairman of the P.C. Executive Vice Board President Henderson & Mr. William J. Signet Bank Phillips, Inc. Jonak, Jr., President Mr. Bruce Melchor, Mr. Arthur G. Jonak & Company President Polizos, Chairman Boyd-Bluford, Inc. The Polizos Agency Mr. J. Jerry Kantor, President Mr. E. G. Mr. Richard Broudy-Kantor Co., Middleton, Jr., Polley, Vice Inc. President President E.G. Middleton Properties Group- Mr. Robert J. Co., Inc. Military Circle Keogh, President Mall Heritage Bank and Mr. Perry Miles, Trust President Mr. H. B. Price, Spirit Cruises III Mr. Wiley Kidd, The Teren Co. President Mr. A.C. (Gus) Empire Machinery & Miller, President Mr. Scott Rigell, Supply Corp. Miller Oil Co.-, President Inc. Freedom Ford Dr. James V. Koch, President Mr. Harvey Moore, Mr. William L. Old Dominion General Manager Rueger University Omni International Group III Hotel - Norfolk Communications, Inc. Mr. George Sadler Mr. Eric Thompson, Dr. Harrison B. President Vice President Wilson, President Glenn & Sadler PaineWebber Norfolk State Associates, Inc. University Mr. John R. Mr. Henry V. Turbyfill, Vice Ms. Kay Hardy Shriver, Partner Chairman Windsor Shriver and Norfolk Southern Southeastern VA Holland Associates Corporation Branch Manager and Architects Lawyers Title Mr. Ulysses Insurance Ms. Anne B. Turner, Owner Corporation Shumadine Atlantic Apartment Mezzullo & Rentals Mr. John J. McCandlish and Development Wolcott Senior vice Mr. William J. Mr. John Twohy IV, President Slayton, III Chairman Colonel, USAF Area President Capital Concrete, Retired First Union Inc. USAA - United National Bank of Services Virginia Mr. Braden Automobile Assoc. Vandeventer Mid-Atlantic Mr. Lawrence N. Vandeventer Black, Region Smith, Jr. Meredith Executive Vice and Martin Mr. Henry C. Wolf President Executive Vice Wilbank, Smith Mrs. Joretta A. President - Thomas Asset Mgmt. Watts Finance Norfolk Southern Mr. Robert M. Mr. Howard Webb, Corporation Stanton, Chairman President Goodman Segar H. M. Webb & Mr. Edward J. Hogan, Inc. Associates Woodard, Jr. Chairman of the Mr. Gregory N. Mr. Jerrold Board, President Stillman Weinberg and Chief Hunton & Williams Weinberg & Stein Executive Officer Bank of the Mr. William B. Dr. Larry L. Commonwealth Tausig Whitworth, Senior Vice President Mr. John 0. Wynne, President and Tidewater President . Chief Financial Community College Landmark officer Communications, First Hospital Mr. Walter J. Inc. Corporation Wilkins, II, President Mr. Ken Young, Mr. Brad Tazewell Bay Chevrolet President Williams and Imports Norfolk Tides Tazewell Assoc. Baseball Club Mr. Donald L. The Hon. Vincent Williams, Ms. Barbara Zoby, J. Thomas President President Chairman of the Don Williams and Yukon Lumber Co. Board Associates Johns Brothers, Inc. Mr. Rolf Williams, Sr., Chairman Anders-Williams, Inc. 1996 SESSION 965578726 1 HOUSE BILL NO. 1234 2 AMENDMENT IN THE NATURE OF A SUBSTITUTE 3 (Proposed by the Senate Committee on Local Government 4 on February 27, 1996) 5 (Patron Prior to Substitute-Jones, J.C.) 6 A BILL to amend and reenact §§ 15.1-1273 and 15.1-1274 of the Code of Virginia and to amend the 7 Code of Virginia by adding in Title 15.1 a chapter numbered 44, consisting of sections numbered 8 15.1-1688 through 15.1-1705, relating to the Public Recreational Facilities Authorities Act and the 9 Hampton Roads Sports Facility Authority. 10 Be it enacted by the General Assembly of Virginia: 11 1. That §§ 15.1-1273 and 15.1-1274 of the Code of Virginia are amended and reenacted and that 12 the Code of Virginia is amended by adding in Title 15.1 a chapter numbered 44, consisting of 13 sections numbered 15.1-1688 through 15.1-1705 as follows: 14 § 15.1-1273. Creation of authorities. 15 (a) 'Me governing body of a political subdivision may by ordinance or resolution, or the governing 16 bodies of two or more political subdivisions, may by concurrent ordinances or resolutions, signify 17 their intention to adopt an ordinance or resolution to create an authority under an appropriate name 18 and title containing the word "authority." 'rbe governing body of each participating political 19 subdivision shall hold a public hearing thereon, notice of which hearing shall be given by publication 20 at least once. not less than ten days prior to the date fixed for such hearing, in a newspaper having a 21 general circulation in such political subdivision. Such notice shall contain a brief statement of the 22 substance of the proposed resolution, shall set forth the proposed articles of incorporation of the 23 authority and shall state the time and place of the public hearing. 'Me governing body of any such 24 political subdivision may at its discretion by resolution call for a referendum in such political 25 subdivision on the question of the creation of an authority, which shall be held as provided by 26 § 24.1-165. When a referendum is to be held in more than one political subdivision, the referendum 27 shall be held on the same date in all of such political subdivisions. 28 lb) The articles of incorporation shall set fonh: 29 (1) The name of the authority and address of its principal office. 30 (2) A statement that the authority is created under this chapter. 31 (3) The name of each participating political subdivision. 32 (4) The names, addresses and terms of office of the first members of the authority. 33 (5) The purpose or purposes for which the authority is to be created. 34 le) Passage of such ordinance or resolution by the governing body or ooveming bodies shall 35 constitute the authority a public body politic and corporate of the Commonwealth. 36 (d) Any political subdivision may become a member of an existing authority, and any political 37 subdivision which is a member of an existing authority may withdraw therefrom, but no politica@ 38 subdivision shall be permitted to withdraw from any authority after an obligation has been incurred 39 by the authority. 40 (e) Having specified the initial purpose or purposes of the authority in the articles of 41 incorporation, the governing bodies of the participating political subdivisions may, from time to time 42 by subsequent ordinance or resolution. after public hearing, modify the articles of incorporation and 43 the purpose or purposes speci_fted therein. Such modification may be made either with or without a 44 referendum. 45 § 15.1-1274. Commission to exercise powers of authority. 46 The powers of each authority created hereunder shall be exercised by a commission which shall 47 consist of not less than five nor more than seventeen members who shall be appointed by the 48 governing bodies of the participating political subdivisions and who shall be selected in the manner 49 and for the terms provided by the ordinance or resolution creating the authority. Officers and 50 employees of the participating political subdivisions may be appointed to the commission and may 51 constitute a majority of the members of the commission. 52 The members of the commission shall elect one of their number chairman and shall elect a 53 secretary and a treasurer who need not be members of the commission. The offices of secretary and 54 treasurer mav be combined. A majority of the members of the commission shall constitute a quorum 2 Senate Substitute for H.B. 1234 1 and the vote of a majority of such members shall be necessary for any action taken by the authority. 2 No vacancy in the membership of the commission shall impair the fight of a quorum to exercise all 3 the fights and perform all the duties of the authority. The members of the commission shall be 4 reimbursed for the amount of actual expenses incurred by them in the performance of their duties. 5 The governing bodies of the participating political subdivisions may provide for compensation of the 6 members of the commission; provided no compensation shall be paid for meetings not attended. 7 Alternate members of the commission may also be selected. Such alternates shall be selected in 8 the same manner as the members. The term of each alternate shall be the same as the term of the 9 memberfor whom each serves as an alternate.- however, the alternate's term shall not expire because 10 of the member's death, disqualification, resignation or termination of employment with the member's 11 political subdivision. If a member is not present at a meeting of the authority, the alternate for the 12 member shall have all the voting and other rights of a member and shall be counted for purposes of 13 determining a quorum at any meeting of the authority. 14 CHAPTER 44. 15 HAMPTON ROADS SPORTS FACIUTYAUTHORITY. 16 § 15.1-1688. Definitions. 17 As used in this chapter the following words have the meanings indicate& 18 "Authority" means the Hampton Roads Sports Facility Authority. 19 ")7acility" means (i) stadium or other structure for the primary purpose of holding sporting 20 events, except major league baseball, (ii) practice fields or other areas where sports teams may 21 practice or perfor?n, (iii) offices for sports teams or franchises, (iv) office, restaurant. concessions, 22 retail and lodging facilities which are adjacent to a sports stadium or other structure, and (v) any 23 other directly related adjacent properties including, but not limited to, onsite and offsite parking lots, 24 garages, and other properties. 25 "Sports franchise" means the contractual right granted to any person or persons to own or 26 operate a sports team in a specified location. 27 "Sales tax revenues" means taxes collected under the Virginia Retail Sales and Use Tax Act 28 (§ 58.1-600 et seq.), as limited herein. Sales tax revenues shall not include any local general retail 29 sales and use tax levied pursuant to §§ 58.1-605 and 58.1-606. 30 § 15.1-1689. Creation of Authorit),. 31 There is hereby established a bad), corporate and politic known as the Hampton Roads Sports 32 Facility Authority. The Authoritv is a political subdivision of the Commonwealth. 33 15.1-1690.'-Members of Authoriii,,- chairman; terms. 34 A. The Authority shall consist @f fifteen members. Each locality in Planning District 23 shall 35 appoint one member. The members of the Authoritv annuailv shall elect a chairman and a 36 vice-chairman from their membership; the i,ice-chairma'n shall pe@orm the duties of the chairman in 37 his absence. 38 B. The term of a member of the Aitiliorit'N' is four ),ears. However, upon the initial appointment of 39 the members of the Authoriti,, the terms of the members shall be staggered as follo@vs: the initial term 40 of five of the members shall be four ilears.- tlze initial term of file members shall be three years,- and 41 the initial term of the remaining fii,e't?ietnbers shall be two ),ears. The Planning District Commission 42 shall designate the initial term to be served b 'v each appointee. 43 At the end of a term, a i?ieinber shall continue to serve until ki succes.vor is appointed and 44 qualifies. A member who is appoijiteel a,fter 4i term litis begun serves otil@, for the i est of the term and 45 until a successor is appointed and qifalifies. The members of tire Aittliorit@, shall receive no 46 compensation for their services. but a member /tiaN, be reimbursed b@, the Authority for reasonable 47 expenses actually incurred in the performance of tire Planes of thtit ()fflce. 48 § 15.1-1691. Quorum; actions of Atitliot-iril.. ,'risen .iiqs. 49 Eight members of the Aiiihorit@, shall ,o)istiti(te i quorum for the purpose t)f conducting business. 50 Actions of the Authorirv must receii,e the tiffi@-i?iatti,e %,ore t)f (i InaiorirA- (@f the qiiorttt?i. No vacancv on 51 @-ih@ Atitizorirv shall inlp' air the right of (i quorum to e-ver(ise (ill i iglits and perform all the duties of 52 t);@ Autlioriti,. The Authorirv shall (ieteri?iiiie the tii?ies (i)2d pl(ices of its regular meetings. Special 53 meetings of the Authoriri, shall he held t@lieii it'qliesicei /)N, fit,o ot inore )?iei?ibers of the Authoritv. An,v 54 @tifl? request for ti %pc,cial li(ill ,(, ;)? @iiiiii:Q, ii,7(i iii4, @licill @pecifa, the time after Senate Substitute for H.B. 1234 3 I place of the meeting and the matters to be considered at the meeting. A reasonable effort shall be 2 made to provide each member with notice of any special meeting. No matter not specified in the 3 notice shall be considered at such special meeting unless all the members of the Authority are 4 present. 5 § 15.1-1692. F-xecutive Director appointment,- duties. 6 A. The Authority shall appoint an Executive Director, who is the chief a&ninistrative officer and 7 secretary of the Authority and serves at the pleasure of the Authority. 7he Executive Director shall be 8 paid from @s received by the Authority. No state funds shall be used to pay the salary or the 9 expenses of this office. 10 B. In addition to any other duties set forth in this chapter, the Executive Director shall: 11 1. Direct and supervise the a&ninistrative affairs and activities of the Authority in accordance 12 with its rules, regulations, and policies; 13 2. Attend all meetings and keep minutes of all proceedings; 14 3. Approve all accounts for salaries, per them payments, and allowable expenses of the Authority 15 and its employees and consultants and approve all expenses incidental to the operation of the 16 Authority; 17 4. Report and make recommendations to the Authority on the merits and status of any proposed 18 facility; and 19 5. Perform any other duty that the Authority requires for carrying out the provisions of this 20 chapter. 21 § 15.1-1693. Powers. 22 In addition to the powers set forth elsewhere in this chapter, the Authority may: 23 1. Adopt and alter an ojficial seal; 24 2. Sue and be sued in its own name; 25 3. Adopt bylaws, rules and regulations to carry out the provisions of this chapter; 26 4. Maintain an a .Tice at such place as the Authority may designate,- 27 5. Employ, either as regular employees or independent contractors, consultants, engineers, 28 architects, accountants, attorneys, financial experts, construction experts and personnel, 29 superintendents, managers and other professional personnel, personnel, and agents as may be 30 necessary in the judgment of the Authority, and fix their compensation; 31 6. Determine the locations of develop, establish, construct, erect, acquire, own, repair, remodel, 32 add to, extend, improve, equip, operate, regulate, and maintain facilities to the extent necessary to 33 accomplish the purposes of the Authority; 34 7. Acquire, hold, lease, use. encumber, transfer, or dispose of real and personal property; 35 8. Enter into contracts of any kind, and execute all instruments necessary or convenient with 36 respect to its carrying out the powers in this chapter to accomplish the purposes of the Authority; 37 9. Regulate the use and operation offacilities developed under the provisions of the chapter; 38 10. Fix and revise from time to time and charge and collect rates, rents, fees, or other charges for 39 the use of facilities or for services rendered in connection with the facilities; 40 11. Borrow money from any source for any valid purpose, including working capital for its 41 operations, reserve funds, or interest, and to mortgage. pledge, or otherwise encumber the property 42 or funds of the Authority and to contract with or engage the services of any person in connection 43 with any financing, including financial institutions, issuers of letters of credit, or insurers; 44 12. Issue bonds under this chapter; 45 13. Receive and accept from any source, private or public, contributions, gifts, or grants of money 46 or property; and 47 14. Do all things necessary or convenient to carry out the powers granted by this chapter. 48 § 15.1-1694. Public hearings; notice; reports. 49 A. At least sixty days prior to selecting a facilitv site, the Authority shall hold a public hearing 50 within thirty miles of the site proposed to be acqiiire@ for the purpose of soliciting public comment. :zl B. Except as otherwise provided herein, at least sixty days prior to the public hearing required by 52 this section, the Authorit'v shall notify the local governing body in which the facility is proposed to be 53 located and advertise the notice in a newspaper of general circulation in that locality. The notice 54 shall include: (i) a description of the site proposed to be Acquired, (a) the intended use of the site, 4 Senate Substitute for H.B. 1234 1 and (iii) the date. time, and location of the public hearing. After receipt of the notice required by this 2 section, the local governing body in which a facility is proposed to be located may require that this 3 period be extended for up to sixty additional days or for such other time period. as agreed upon by 4 the local governing body and the Authority. 5 C At least thirty days before acquiring or entering into a lease involving a facility site and before 6 entering into a construction contract involving a new facility or facility site, the Authority shall 7 submit a detailed wrinen report and findings of the Authority that justify the proposed acquisition, 8 lease, or contract to the General Assembly. The report and findings shall include a detailed plan of 9 the method of funding and the economic necessir 'v of the proposed acquisition, lease, or contract. 10 D. The time periods in subsections A, B, and C of this section may not run concurrently. 11 § 15.1-1695. AcqL..@ition of property. 12 A. The Authority may acquire in its own name. by gift or purchase, any real or personal property, 13 or interests in property, necessary or convenient to construct or operate any facility. 14 B. In any jurisdiction where planning, .,Oning, and development regulations may apply, the 15 Authority shall comply with and is subject to those regulations to the same extent as a private 16 commercial or industrial enterprise. 17 § 15.1-1696. Bond issues. 18 A. The Authority may at any time and from time to time issue bonds for any valid purpose, 19 including the establishment of reserves and the payment of interest. In this chapter the term "bonds" 20 includes notes of any kind, interim certificates, refunding bonds, or any other evidence of obligation. 21 B. The bonds of any issue shall be payable solely from the property or receipts of the Authority, 22 i?tcluding, but not limited to: 23 1. Taxes, fees, charges, or other revenues payable to the Authority; 24 2. Payments by financial institutions. insurance companies, or others pursuant to letters or line of 25 credit, policies of insurance, or purchase agreements,- 26 3. Investment earnings from funds or accounts maintained pursuant to a bond resolution or trust 27 agreement: and 28 4. Proceeds of refunding bonds. 29 C Bonds shall be authorized bv resolution of the AuthoritNI and may be secured by a trust 30 agreement by and benveen the Authority and a corporate trustee or trustees, which may be anv trust 31 company or bank having the powers of a trust company within or without the Commonwealth. The 32 bonds shall: 33 1. Be issued at, above, or beioiv par value. for cash or other valuable consideration, and mature 34 at a time or times, whether as serial bonds or as term bonds or both, not exceeding forty years from 35 their respective dates of issue; 36 2, Bear interest at the fixed or variable rate or rates determined by the method provided in the 37 resolution or trust agreement; 38 3.@'be payable at a time or times, in the denominations and form, and carry the registration and 39 privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds as the 40 resolution or trust agreement maN, provide; 41 4. Be payable in laivful money of the United States at a designated place; 42 5. Be subject to rhe,lerms of purchase, payment, redemption, refunding, or refinancing that the 43 resolution or trust agree ,'m'-ent provides: 44 6. Be executed b%l the i?taiiual or facsimile signatures of the officers of the Authoriti, tiesigizated bN- 45 the Aitthori@, ivhich signatures shall be talid (it @ielit,e@ ei,eti for one @viio has ceased to hold office; 46 and 47 7. Be sold in the matitier and Upon the terms determined b,i, the Attiliorit-N, including private 48 (negotiated) sale. 49 D. An), resolution or trust agreeine@it i)ia@- contain prot,i-vio@is @t inch Aliall be a part of the contract 50 Still the holders of the bonds as to. 51 1. Pledging, assigning, or detecting the use, investment. or disposition of receipts of the Authoriti- 52 or proceeds or benefits of anv co?zit-act atici caii@,eN,iti,q or- otlier@i-ise secitt'itig carry propertv rights; 53 2. The setting aside of lo(iti fiiiidii?Q (it,posits. clebt .@eri,ice tese@ies, (-,apitaiized interest accounts. -;4 , @),t ,f fi((oi(ot,@ ci@i(i Bell [lit' @iii, @ll?(i li,@posilioll tfiereol. Senate Substitute for H.B. 1234 5 1 3. Limitations on the purpose toy which or the investments in which the proceeds of sale of any 2 issue of bonds may be applied and restrictions to investments of revenues or bond proceeds in 3 government obligations for which principal and interest are unconditionally guaranteed by the United 4 States of America; 5 4. Limitations on the issuance of additional bonds and the terms upon which additional bonds may 6 be issued and secured and may rank on a parity with, or be subordinate or superior to, other bonds; 7 S. The refunding or refinancing of outstanding bonds; 8 6. 7he procedure, if any, by which the ter?ns of any contract with bondholders may be altered or 9 amended and the amount of bonds the holders of which must consent thereto, and the manner in 10 which consent shall be given,- 11 7. Defining the acts or omissions which shall constitute a default in the duties of the Authority to 12 bondholders and providing the rights or remedies of such holders in the evrnt of a default which may 13 include provisions restricting individual right of action by bondholders; 14 8. Providing for guarantees, pledges of property, letters of credit, or other security, or insurance 15 for the benefit of bondholders; and 16 9. Any other matter relating to the bonds which the Authority determines appropriate. 17 E. No member of the Authority nor any person executing the bonds on behalf of the Authority 18 shall be liable personally for the bonds or subject to any personal liability by reason of the issuance 19 of the bonds. 20 F. The Authority may enter into agreements with agents, banks, insurers, or others for the purpose 21 of enhancing the marketability of, or as security for, its bonds. 22 G. A pledge by the Authority of revenues as security for an issue of bonds shall be valid and 23 binding from the time the pledge is made. 24 The revenues pledged shall immediately be subject to the lien of the pledge without any physical 25 delivery or further act, and the lien of any pledge shall be valid and binding against any person 26 having any claim of any kind in tort, contract or otherwise against the Authority, irrespective of 27 whether the person has notice. 28 No resolution, trust agreement orfinancing statement, continuation statement, or other instrument 29 adopted or entered into by the Authority need be filed or recorded in any public record other than 30 the records of the Authority in order to perfect the lien against third persons, regardless of any 31 contrary provision of public general or public local law. 32 H. Except to the extent restricted by an applicable resolution or trust agreement, any holder of 33 bonds issued under this chapter or a trustee acting under a trust agreement entered into under this 34 chapter, may, by any suitable form of legal proceedings, protect and enforce any rights granted under 35 the laws of Virginia or by any applicable resolution or trust agreement. 36 L The Authority may issue bonds to refund any of its bonds then outstanding, including the 37 payment of any redemption premium and any interest accrued or to accrue to the earliest or any 38 subsequent date of redemption, purchase or maturity of the bonds. Refimding bonds may be issuedfor 39 the public purposes of realizing savings in the effective costs of debt service, directly or through a 40 debt restructuring, for alleviating impending or actual default and may be issued in one or more 41 series in an aynouitt in excess of that of the bonds to be refunded. 42 J. The franchise holder must agree that the franchise will not be relocated until any bonds issued 43 hereunder are defeased. 44 § 15.1-1697. Investments in bonds. 45 Any financial institution, ini,estineiit company, insurance company or association, and any personal 46 represeniati.i,e, guardian, trustee, or otlierfiduciary, may legally invest any moneys belonging to them 47 or within their control in any bonds issued by the Authority. 48 § 15.1-1698. Bonds are tax exempt. 49 The Authority shall not be required to pa 'v any taxes or assessments of any kind wliatsoel,er and 50 its bonds, their transfer, the interest payable on them, and any income derived from them, including 51 ani, profit realized in their sale or exchange, shall be exempt at all times from everv kind and nature 52 of taxation bv this Commoritt-ealili or by tinv of its political subdivisions, municipa@ corporations, or 53 public agencies of aizv kited. 54 § 15.1-1699. Sports Fczcilit@, .Ititliorit@- Fiiiaizciizg Fund, iise. 6 Senate Substitute for H.B. 1234 1 A. There is hereby created a Hampton Roads Sports Facility Authority Financing Fund ("Fund"). 2 The Authority shall use the Fund as a nonl@psing revolving fund for carrying out the provisions of 3 this chapter. 4 B. All of the following receipts of the Authority shall be placed in the Fund.- (i) proceeds from the 5 sale of bonds. (ii) revenues collected or received from any source under the provisions of this 6 chapter, and (iii) any other revenues under the jurisdiction of the Authority. 7 C The Authority shall pay all expenses and make all expenditures from the Fund. To the extent 8 deemed appropriate by the Authority, the receipts of the Fund shall be pledged to and charged with 9 the payment of debt service on Authority bonds and all reasonable charges and expenses related to 10 Authority borrowing and the management of Authority obligation. 11 § 15.1-1700. Additional duties. 12 In addition to the duties set forth elsewhere in this chapter, the Authority shall: 13 1. Keep records as are consistent with sound business practices and accounting records using 14 generally accepted accounting practices,- 15 2. Cause an audit by an independent certified public accountant to be made of accounts and 16 transactions at the conclusion of each fiscal year,- 17 3. Be subject to audit and examination at any reasonable time of its accounts and transactions by 18 the Auditor of Public Accounts: and 19 4. Submit a detailed annual report of its activities and financial standing to the Governor and to 20 the General Assembly. 21 § 15.1-1701. Creation of local advisory boards. 22 Prior to constructing any facility, the Authority shall create a local advisory board for that 23 facility. Each local advisory board shall be composed of twelve members. SLr members shall be 24 appointed by the local governing body in which the proposed facility is to be located. 1 25 Nonvithstanding the provisions of § 15.1-50.4, the governing bodv may appoint one or more of its 26 members to serve on the local advisory board. Six members shall be appointed by the Authority, and 27 each of those six members shall reside in the county or city in which the facility is proposed to be 28 located. All advisory board members shall be appointed for a term of four years. All advisory board 29 members shall serve without pay, but a member may be reimbursed by the Authority for reasonable 30 expenses actually incurred in the performance of advisory functions. Each advisory board shall elect 31 a chairman and a secretar 'v and such other officers as it deems necessary. The Authority shall give 32 each local advisor), board reasonable opportunity to provide appropriate comments and 33 recommendations on the design and the operation of the facility in its locality. 34 § 15.1-1702. Entitlement to vales tax revenues derived from a sports stadium. 35 A. If the Authority has issued bonds to finance or refinance a sports facility, the Authority shall be 36 entitled to all sales tax revenues that are generated by transactions taking place upon the premises of 37 the sports facility. Such entitlement shall continue for the lifetime of such bonds, but that entitlement 38 shall not exceed thirty vears. All sales tax revenues shall be applied to repayment of the bonds. The 39 State Comptroller shall remit such sales tax revenues to the Authority on a quarterly basis, subject to 40 such reasonable processing delavs as may be required bv the Department of Taxation to calculate the 41 actual net sales tax rei,enties generated bv transactions taking place upon the premises of the sports 42 facility. The State Comptroller shall tnaie such remittances to the Authority, as provided herein, 43 notwithstanding any provisions to the contrar-v in the Virginia Retail Sales and Use Tax Act (§ 44 58.1-600 et seq.). 45 B. If the Authority has issued bonds to finance or refinance a sports facility, the local governing 46 body of the county or city in which the facility is located may direct, by ordinance or resolution, that 47 all local sales and use tax revenues generated by transactions taking place upon the premises of the 48 sports facility from taxes levied pursuant to §§ 58.1-605 and 58.1-606 shall be remitted by the State 49 Comptroller to the Authorit 'v for the repa-vin, nt of bonds. Such remittances shall be for the same 50 period and under the same conditions as remittances to the Authoritv paid in accordance with 51 subsection A, mutatis mutandis. 52 § 15.1-1703. Tax revenues of the Commonwealth or any other political subdivision not pledged. 53 Nothing in this chapter shall be construed as authorizing the pledging of the faith and credit of 54 the Commoii@t,ealth of Virginia, or ani of its revenues, or the faith and credit of any other political Senate Substitute for H.B. 1234 7 I subdivision of the Commonwealth: or any of its revenues, jbr the payment of any bonds. Any 2 appropriation made pursuant to this chapter shall be made only from sales tax. revenues generated 3 from transactions taking place upon the premises of the sports facility for which bonds may have 4 been issued to pay the cost, in whole or in part. s § 15. 1-1 704. Cooperation between the Authority and other political subdivisions. 6 The Authority may enter into agreements with any other political subdivision of the 7 Commonwealth for joint or cooperative action in accordance with § 15.1-21. 8 § 15. ]- 1 705. Tort liability. 9 No pecuniary liability of any kind shall be imposed on the Commonwealth or on any other 10 political subdivision of the Commonwealth because of any act, agreement, contract, tort, malfeasance 11 or nonfeasance by or on the part of the Authority, its agents, servants or employees. Official Use By Clerks Passed By The House of Delegates Passed By The Senate without amendment n without amendment n with amendment 0 with amendment r7 substitute 0 substitute r-i substitute w/amdt - substitute w/amdt F-., Date: Date Clerk of the House of Delegates Clerk of the Senate MEYERA E. OBERNDORF MUNICIPAL CENTEF:. MAYOR VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 FAX (804) 426-@669 March 8, 1996 Hampton Roads Mayors & Chairs Caucus Dear Members: As we come together today to discuss the possibility of a truly joint approach to attracting major league sports to the Hampton Roads region. it is critical that we be clear and straight- forward with each other regarding this exciting op portunity. With this letter I have attempted to specify the criteria necessary for the City of Virizinia Beach to participate in the joint effort. I encourage each community to do likewise in order to avoid any misunderstanding later and thereby increase our collectiv e chances of success in this endeavor. Our thoughts are as follows: I . As previously stated, Virginia Beach feels stronglv that every community in the region should be offered an up-front opportunity to participate in the studv. 2. The necessary consulting services need to be provided bv a nationally known and respected professional selected by an open and competitive process. This endeavor is inherently a high visability undertaking and will necessitate broad public support to ultimately be successful. If an open and competitive selection process takes longer--so be it. The increased public confidence in the process will be invaluable later on when public support is requested. March 8, 1996 Hampton Roads Mayors and Chairs Caucus Page 2 3. Since public flmds are involved, the study process should be guided by an advisory committee composed of elected officials supported by appropriate staff expertise. The services contract and public ftmds for the conduct of the project shall be managed by an organization such as the Hampton Roads Plamiing District Commission or a participating local government. 4. The study should be structured in such a manner to contain a discrete first phase addressing key issues of market and financial feasibility only. Upon a favorable finding and following the first phase, the study scope could then appropriately address fi-anchise issues and project location. 5. The City of Virginia Beach has concerns that the final project complexion be carefully considered to positively reinforce the economics of the region and the host community. Clearly, it would be very difficult for any community to support a project that would substantially and negatively impact a major component of its economy or existing facility. In our case, local support of a regional project that would materially damage our convention or hospitality industries will not be possible. We reserve the right to independently analyze and determine those interrelationships and impacts. 6. The study should be structured to include options for a number of region-wide quality of life projects. This approach obviously has substantial financial dimensions but could also be crucial to fashioning a successful strategy necessary for broad public support and fending. 7. The location of the major professional sport arena, or any other aspect of the study, cannot be predetermined. 8. An open and inclusive public participation, review and comment process should be provided as an essential ingredient of any study scope of services. This will help insure that all interests and priorities can be intelligently considered. Such a process can help build understanding about the project and public trust in the process. March 8, 1996 Hampton Roads Mayors and Chairs Caucus Page 3 9. Any major facility constructed or any professional sports team located in the region as a result of this joint collaborative process, should not be named for any single host community. I believe the conditions outlined above will enhance the probability of a win-win solution that will be deserving of strong public support. Unanimous region-wide participation in this joint process could put in motion an extremely beneficial effort that can shape our region in significant and positive ways. I encourage your active participation and support to seize this unique opportunity. Sincerely, Meyer E. Oberndorf, Mayor City of Virginia Beach dsc cc: Chief Administrative Officers Mayors & Chairs Caucus William E. Ward, Mayor, Chesapeake C. Franklin Jester, Jr., Mayor, Franklin Graham C. Blake, Chairman, Gloucester County James L. Eason, Mayor, Hampton Phillip A. Bradshaw, Chairman, Isle of Wight County David L. Sisk, Chairman, James City County Barry E. DuVall, Mayor, Newport News Paul D. Fraim, Mayor, Norfolk L. Comell Burcher, Mayor, Poquoson Gloria 0. Webb, Mayor, Portsmouth Reggie W. Gilliam, Chairman, Southampton County S. Chris Jones, Mayor, Suffolk Trist McConnell, Mayor, Williamsburg James W. Funk, Chairman. York Countv OFFICE OF THE CrrY MANAGER MUNICIPAL C@ (DD4) 4274242 VIRGINIA SEACH VIRGINIA 23456-9001 FAX (W4@ 427-4135 TW (W4) 4274MS March 13, I 996 Mr. James B. Oliver, Jr. City Manager I IO 1 City Hall Building Norfolk,VA 23510 Dear Jim: Re: Sports Facilities Study At the meeting of the Mayors and Chairs Caucus last Friday the statement was made by Mayor Fraim that Mr. Harrow was reluctant to become involved in an RFP process since he would have to disclose his fee structure. As you know, for the selection of professional services, we can narrow the field down to several final firms and then select the preferred firm. Only then would we discuss fees. I don't believe this process should cause Mr. Harrow or any other consultant a problem. There seemed to be some reluctance, or at least uncertainty, about the Greater Norfolk Corporation managing the public funds and the study. I do agree with the position that the private sector does need to be meaningfully involved in the process and the equation. I don't know what alternatives to Greater Norfolk have been explored. For example, the five-member Executive Committee (which I believe we had consensus to expand to six, with two peninsula members) could have a counterpart six-member private sector group to co-manage the project. T'hese six could come from various sources; i.e., the Charnber(s), the GNF, Virginia Beach Visions, other Cities' foundations, the Hampton Roads Partnership, etc. If the ftmds and the contract are managed by a public entity such as the HRPDC, then the previous role of the Greater Norfolk Corporation could be filled by other private sector March 13, 1996 W. Jwnes B. Oliver Page 2 Re: Sports Facilities S mechanisms. Such an approach, again dmwing representation from a broader (and more mmsentative) private sector contingent, would seem to offer advantages to encouraging regional representation and support. Finally, reflection on the meeting Friday convinces me of the essential importance of spending some time up front to "get-it-right." If none of us (except Mayor Fraim) have even met Mr. Harrow, we should not seriously consider contracting with him without at least an abbreviated due-diligence selection and review process. Best Regu&, es K. Spore City Manager dsc cc: Art Collins (2it@ @f 'Vi@14itAi" "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WIILLIAM D. SESSOMS, JR. At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH III, Virginia Beach Borough ROBERT K. DEAN, Princess Anne Borough W.W. HARRISON, JR., Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough NANCY K. PARKER, At-Large LOUISA M. STRAYHORN, Kempsville Borough 281 Cin "AU BUJO)ING JAMES K. SPORE, City Manager CITY COUNCIL AGENDA MUNICIPAI. CENTER VIR(;[NiA BEACff, VIRGINIA 2,?451, @105 LESLIE L. LILLEY, City Manager April 2, 1996 8041 427 430? RUTH HODGES SMITH, CMC/AAE, City Clerk I. MAYOR'S BRIEFING - Conference Room 11:00 AM A. HAMPTON ROADS SPORTS FACILITIES AND FRANCHISE STUDY Mayor Meyera E. Oberndorf II. CITY MANAGERIS BRIEFING A. ILLEGAL SUBDIVISION OF PROPERTY Gary L. Fentress, Deputy City Attorney III. AGENDA REVIEW SESSION A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyers E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jerry Holcomb Kings Grant Baptist 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 March 26, 1996 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PUBLIC HEARING 1. PROPOSED APPOINTMENTS TO SCHOOL BOARD At Large - Fred G. Benham Princess Anne Borough - Thomas E. Fraim Virginia Beach Borough - R.L. Riggs J. PRESENTATION 1. FY 1996 - 1997 OPERATING BUDGET FY 1996 - 2002 CAPITAL IMPROVEMENT PROGRAM E. Dean Block, Director, Management Services K. ORDINANCES 1. Ordinance to APPROPRIATE $1,773 re overtime pay for Clerk of the Circuit Court employees to operate the Clerk's Record Room after normal office hours for extended title searches. 2. Ordinance to TRANSFER $100,000 to the Sandbridge Beach Restoration and Renourishment Project (CIP #2-282) from the Sandbridge Special Service District Special Revenue Fund to allow the Army Corps of Engineers to complete preliminary engineering and design of the project. 3. Ordinance to authorize the City Manager to execute a Lease Agreement with Michael I. Ashe for office space re the administration and operations of Parking Systems Management. 4. Ordinance to authorize tax refunds in the amount of $15,593.04. 5. Ordinance to authorize license refunds in the amount of $11,010.67. L. APPOINTMENTS REVIEW AND ALLOCATION COMMITTEE (COIG) VIRGINIA BEACH CRIME TASK FORCE VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. COUNCIL-SPONSORED ITEM a. Resolution to declare City Policy is to not purchase excavated material from those "grandfathered" agricultural operations which are not subject to the fee required for material removed from borrow pits under City Code Section 30-20. Sponsored by Councilman Robert K. Dean 0. ADJOURNMENT FY 96-97 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRM SCHEDULE Date Time Place Council Workshop Tuesday. April 9 9AM NOON Conference Room council Workshop Thursday, April 11 4PH 6PM Conference Room Council Workshop (Special Workshop) Tuesdy, April 16 1PM 4PM Conference Rom Public Hearing Thursday, April 18 7PM Larkspur Middle School Council Workshop Tuesday. April 23 3PM 6PM Conference Rom Council Workshop (Special Wrkshop) Thursday. April 25 1PM 5pm Conference Room Public Hearing Thursday, My 9 2PM City council chamber Reconciliation Work*hop Thursday, May 9 Following Council Session Conference Room Adopt Budget & C.I.P. Tuesday, May 14 2PM City Council Chamber CITY COUNCIL SESSION TUESDAY, MAY 7, 1996 RESCHEDULED TO THURSDAY, MAY 9, 1996 2:00 Pm If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 03/28/96CMD AGENDA\04\02\96.ITM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E O S H I B T A S E S R DATE: March 12, 1996 B R C H R P E A PAGE: 1 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM I SUBJECT MOTION VOTE M H N N R Y S F R S N I BREFING: A PRINCESS ANNE ROAD - John W Herzke CONTROLLED ACCESS P E City Engineer II/A REVIEW OF AGENDA ITEMS B CITY COUNCIL CONCERNS III/IV/ CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 y y y Y Y Y Y Y A Y y E SESSION (3 Executive Sessions held and Certified) F/1 MINUTES 5 March 1998 APPROVED 10-0 Y y y y y Y Y Y A Y Y G AGENDA FOR FORMAL SESSION ADOPTED B y C O N S E N S U S Clerk announced the street closure petition of VB-South at 8th Street had been advertised but was not ready for the Agenda H/1 PRESENTATION Ddddr William Magee OPERATION SMILE CO-Founder J PUBLIC HEARING: 1 PROPOSED APPOINTMENT TO SCHOOL BOARD VACANCY Delcino C. Miles Blackwater Borough K/1 Resolution to appoint Dir of Finance as ADOPTED 10-0 yyyyyyYYAYY Agent for reimbursement of City's costs BY CONSENT from FEMA under the Disaster Relief Act or President's Disaster Relief Fund III1 2 Ordinance to APPROPRIATE $182,000 to ADOPTED 10-0 y yyyyyYAYY Police Airplane Enterprise Operation re BY CONSENT additional anticipated expenditures 3 Ordinance to authorize encroachmmt ADOPTED 10-0 yyyyyyyyAYy Into a portion of r-o-w of Bay Drive AS AMENDED (Unimproved) to Kester/Bials re walkway BY CONSENT to beach (BAYSIDE BOROUGH) M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 2, 1996 Mayor Meyera E. Oberndorf called to order the Mayor's Briefing re the HAMPTON ROADS SPORT FACLLITIES AND FRANCHISE STUDY to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, April 2, 1996, at 11:00 A.M. Council Members Present: John A Baum, Linwood 0 Branch III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:35 A.M. Bank Meeting in Chesapeake] Barbara M Henley [ENTERED: 11:10 A.M.] Nancy K Parker [ENTERED]: 11:20 A.M.] 2 MAYOR'S BRIEFING HAMPTON ROADS SPORT FACILITIES AND FRANCHISE STUDY ITEM # 40592 11:00 A.M. Mayor Oberndorf referenced her letter of March 8, 1996, to the Hampton Roads Mayors and Chairs Caucus and the City Manager's letter of March 13, 1996, to the City Manager of Norfolk James R Oliver, Jr. Mr. Spore, at the request of the Mayor, attended the meeting of the Mayors and Chairs Caucus and his letter reiterated the concerns. Mayor Oberndorf advised a Memorandum of March 15, 1996, re professional sports and associated quality of life infrastructure was forwarded to the Hampton Roads Mayors and Chairs Caucus by William E Ward, Chairman and Mayor of Chesapeake. This correspondence is hereby made a part of the record. Mayor Ward advised, at the meeting of the Mayors and Chairs Caucus, the following actions were agreed upon: 1. It is appropriate to move forward as a region, in a public/private partnership, to determine if this market has enough business sector support to lease the necessary luxury boxes and provide the other financial support to compete for a major league franchise and get a facility built. The impact on existing local facilities will also be examined 2. Art Collins, Executive Director - Hampton Roads Planning District Commission, will obtain information from the Greater Norfolk Corporation to explain their board structure and composition, legal status, funding and other pertinent data for consideration as a contracting vehicle for further studies on regional sports issues. 3. By April First, the Mayors and Chairs agreed to bring two issues to their respective local governments for action: The first is whether or not to participate in the studies and be part of the effort, and the second is to obtain a preference for having the Greater Norfolk Corporation be the contracting vehicle, which seemed to be the consensus on the Eighth, or use a completely public organization such as the HRPDC or the existing eight community SporU Authority of Hampton Roads. These actions would be sent to Art Collins by April Twelfth for inclusion in the April meeting agenda. Mayor Oberndorf requested the advice of the City CounciL The Hampton Roads Planning District Commission has sufficient resources (approximately $150, 000) available to pay for the majority of the study. Mayor Oberndorf spoke with Mayor Fraim this morning, April Second, and he advised the enthusiasm from the region is to move forward. Obviously they would be delighted for Virginia Beach to be a part of this, but if they were not able to, the rest of the region is moving forward. Mayor Oberndorf believed since public funds are involved the study process should be guided by an advisory committee composed of elected offlcials supported by appropriate staff expertise. The services contract and public funds for the implementation of the project shall be managed by an organization such as the Hampton Roads Planning District Commission or a participating local government. Council Member Jones believed the Hampton Roads Sports Authority should perform the study as this would afford a more unbiased appearance. Councilman Dean would like to go forward but must have full participation of all the localities to share in the revenue of the project, if there is to be revenue generated. April 2, 1996 3 MAYOR'S BRIEFING ON ROADS SPORT FACILITIES AND FRANCHISE STUDY ITEM # 40592 (Continued) Mayor Oberndorf advised Mr. Harrow, who performed the study in Oklahoma City, determined the number of corporate leaders who would be willing to invest and support the arena, and worked with Civic Groups to determine their support re tax revenue. Every study conducted and every arena built has been built in a city setting, not a suburban area. Councilman Branch also requested information be provided re arenas in other localities with their successes and failures. Councilman Branch was more comfortable utilizing the Sports Authority of Hampton Roads for the study. Council Lady Strayhorn would like all cities to have an opportunity to participate in the actual structure of the study. This should be a competitive process and an unbiased study. Councilman Heischober advised the best vehicle for the study should be the Sports Authority of Hampton Roads in conjunction with the Planning District Commission. The Sports Authority, in the past, has conducted a study in this area for Old Dominion University and for the region. The second study was whether an indoor sports arena and convocation center in the region would be justified. A study must respond to the following three questions: (1) Will the region financially support the type of activity sought for relocation or location; (2) What are the opportunities for the region to actually acquire a franchise of that nature; (3) Where is the private sector with respect to the financial support. After the study is submitted how will the City Council participate in the overall funding of this activity and how will the City Council on behalf of its citizens, create a formula in which the Council shares with the revenues or expenditures. Councilman Harrison, as Virginia Beach is the largest metropolitan area without major league professional sports in the country, did not want to send the wrong signal by not participating. He believed the City's failure to participate could send the wrong "message " nationally, not only to teams considering relocation, but give a negative vent to the outcomes of the study. The City needs to have input at the earliest possible stage, as the City is the largest City in the region and will have a major impact on the success of this arena. He would like the Mayor to vote with the will of the majority and bargain for the City to have a seat on the Executive Committee. Council Lady Henley advised she was in agreement with the Mayor's letter and the conditions. The City should be a part of the study, but as a public body they are concerned with the process for handling public funds and very much concerned there are no predetermined conclusions, and she supported an unbiased study. Council Lady Parker referenced the articles concerning arenas and whether or not these were deriving revenues. Council Lady Parker also expressed citizens' concerns over subsidizing a business for Professional sports players earning over $1-MILLION. Many cannot afford to attend games due to high ticket prices. How does this arena comply with the City's needs for a Convention Center. Councilman Baum inquired if the value of major league sports is so valuable to an area. Vice Mayor Sessoms believed it was critical for the City to have representation on the Executive Committee, so the City's views could be stated. He is not convinced a major league sports team will make this region more successful, but believes the City's participation at this, point is critical. Mayor Oberndorf will distribute a copy of the letter from Barry C. Bishop of the Greater Norfolk Corporation to Arthur Collins, Executive Director, Hampton Roads Planning District Commission, enclosing the Board roster. BY CONSENSUS, a resolution shall be SCHEDULED for the Formal Session: A resolution expressing the interest of the Council for the City of Virginia Beach in participating in the study on the possibility of the area becoming home to a major sports franchise, and the method by which that study shall be undertaken. This Franchise shall contain the issues referenced by City Council, including open participation for the bid On April 26, 1996, when the Mayors and Chairs meet, if the majority concur with a private corporation expediting same, then the Mayor will return to City Council for their direction. April 2, 1996 - 4 - CITY MANAGER'S BRIEFING ILLEGAL SUBDIVISION OF PROPERTY 11:58 A.M. ITEM # 40593 Assistant City Attorney Gary Fentress advised in response to concerns previously expressed by City Council, questions arose concerning illegal subdivision of property and the City Council to legitimize what was apparently illegal years ago. Mr. Fentress introduced Charles Hassen, Director - Development Services Center. Mr. Hassen advised the graphics for the presentation were prepared by Public Works. The purpose of the presentation is to present an overview of why illegal subdivisions exist and the methods utilized to reduce the numbers. Prior to 1953, one could subdivide land in the City of Virginia Beach by deed or plat. After 1953, the Princess Anne County Board of Supervisors adopted the subdivision ordinance. Therefore, after January 1993, it was illgal to subdivide by deed. A citizen had to subdivide property by a subdivision plat. Unfortunately after this date, the practice of subdividing by deed continued. It was common practice to place a survey to record without anyone from the County signing off on same. In 1984, a new Clerk of Circuit Court - Curtis Fruit, agreed there was a problem. Mr. Fruit began sending all plats to the Planning Department for staffs review and signature. At that point, a tremendous amount of plats was able to be stopped going to record without the Staff's review. In 1986, the City through the mapping program developed GPIN's (Geographk Parcel Identificatioil Number). This is a unique number for each and every taxable parcel In 1986, the City Staff, with the Commissioner of the Revenue went through every single taxable parcel (in excess of 100,000 parcels) and assigned GPIN numbers to each. Through state legislation, the City had to require these GPIN's be shown on the instrument. The GPIN is an eight digit number. Mr. Hassen distributed a flow chart, regarding recording plats. Said chart is hereby made a part of the record. It is faster and less expensive for individuals who wish to avoid this process. A surveyor and engineer does not have to be hired to create a plat, and right-of-way may not have to be improved or dedicated. There are a limited number of parcels that can be created in the AG. Through an illegal process, a number of parcels can be created. There is also a no variance process. The Commissioner of Revenue monitors subdivision plat and deed recordation, whether legal or illegal. One can own illegally subdivided property and pay taxes on same. However, a building permit cannot be secured nor the property developed. ITEMS RECORDED IN THE OFFICE OF THE CLERK OF CIRCUIT COURT CALENDAR YEAR INSTRUMENTS PLATS (Including deeds) 1994 104,109 412 1995 80,571 541 RECORDED ITEMS MONITORED BY THE COMMISSIONER OF THE REVENUE FISCAL YEAR TRANSFERS (deeds) PLATS 1993-94 17,934 312 1994-95 18,886 418 1995-96* 21,003 714 TOTAL 57,823 1444 *estimate based on year-to-date totals. YEARLY VARIANCES ..................... 4-5 QUESTIONED GPINs PER YEAR ............ LESS THAN 20 PAST 3 YEAR TOTALS: 75 - 59,267 = 0.13% April Z 1996 - 5 - CITY MANAGER'S BRIEFING ILLEGAL SUBDIVISION OF PROPERTY ITEM # 40593 (Continued) Charles Hassen advised many times the applicant, before the City Council is the third owner. After 1986 and the intervention of the GPIN'S, individuals would still subdivide by deed. Ihe City cannot stop what has already happened; however, they will attempt to stop this in the future. Assistant City Attorney Gary Fentress advised the primary goal is to prevent problems occurring in the future. At the appropriate time, problems will be evaluated as they arise and changes recommended. By in large, the variance process seems to be a safety valve and a protection mechanism to prevent abuses of the process. A report will be furnished to City Council at the end of the year with additional recommendations. "en prevention is considered City Council requested the process be examined from the beginning (Clerk of Circuit Courts' Office), with measures of prevention instilled there as opposed to the middle. "en subdivisions of this type are brought before City Council, the Council will be advised when and how the particular illegal subdivision occurred. April 2, 1996 - 6 - AGENDA REVIEW SESSION 12:30 P.M. ITEM # 40594 Councibnan Harrison will be adding under UNFINISHED BUSINESS: RECONSIDERATION TO MODIFY CONDITIONS in the January 19, 1988, approved Application of MARIE T. LAMB for a Change of Zoning District Classification from R-8 Residential District to A-1 Apartment District for LYNN LTD. at the Southwest corner of Bonney Road and Kenley Road (4973 Bonney Road), containing 7.8 acres (KEMPSVILLE BOROUGH). On March 26,1996, City Council had REFERRED this item back to the PLANNING COMMISSION. Councilman Harrison wished this action be reconsidered and SCHEDULED for the City Council Session of April 9, 1996. ITEM # 40595 Council Lady Parker requested further discussion during the Formal Session: K2 Ordinance to TRANSFER $100,000 to the Sandbridge Beach Restoration and Renourishment Project (CIP #2-282) from the Sandbridge Special Service District Special Revenue Fund to allow the Army Corps of Engineers to complete preliminary engineering and design of the project. ITEM # 40596 Councilman Harrison requested further information regarding the lease agreement with Michael I. Ashe: K3 Ordinance to authorize the City Manager to execute a Lease Agreement with Michael I. Ashe for office space re the administration and operations of Parking Systems Management. ITEM # 40597 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES K1 Ordinance to APPROPRIATE $1,773 re overtime pay for Clerk of the Circuit Court employees to operate the Clerk's Record Room after normal office hours for extended title searches. K4 Ordinance to authorize tax refunds in the amount of $15,593.04. K5 Ordinance to authorize license refunds in the amount of $11,010.67 April 2, 1996 7 ITEM # 40598 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 2, 1996, at 12:50 P.M. Council Members Present.- John A Baum, Linwood O. Branch, III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None April Z 1996 8 ITEM # 40599 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 21-34.4, Code of Virginia, as amended, for the following purpose: PEPSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public offlcers, appointees, or employees pursuant to section 21-344 (A) (1). To Wit.- Appointments - Boards and Commissions: Virginia Beach Health Services Advisory Board Review and Allocation Committee Golf Course Committee 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). To - Wit.- Lake Gaston Water Supply Project Brew Thru PUBLICLY HELD PROPERTY.- Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly - held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). TO - Wit: Southeastern Parkway Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTUE SESSION. Voting: 10-0 Council Members Voting Aye. John A. Baum, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- Linwood 0. Branci4 III April 2, 1996 - 9 - FORMAL SESION 117RGINL4 BEACH CITY COUNCIL April 2, 1996 2:00 PM. Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 2, 1996, at 2:00 P.M. Council Members Present.- John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Kice Mayor William D. Sessonts, Jr. and Louisa M. 5trayhorn Council Members Absent.- None INVOC4TION.- Reverend Jerry Holcomb )Gngs Grant Baptist Church PLEDGE OF ALLEGIANCE TO THE 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, with the exception of Item K3. Lease Agreement with Michael Ashe. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank Is 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. April 2, 1996 - 10 - Ite,m V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 40600 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City CounciL Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert K Dea@ William W Harrison, Jr., Barbara M Hen@, Louis P, Jones, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- Linwood 0. Branch, III, Harold Heischober and Louisa M. Strayhorn April Z 1996 Resolution 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 # 40599 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, THEREFOR@ BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. RWh Hodges Stfiith, CMC/AAE City Clerk April 2, 1996 Item V-Pl. MINUTES ITEM 40601 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 26, 1996. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert K Dear; William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Linwood 0. Brancl; III, and Louisa M. Strayhorn April 2, 1996 - 12 - item V- G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 40602 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April Z 1996 - 13 - Itein V-L PUBLIC HEARING ITEM # 40603 Mayor Oberndorf DECLARED A PUBLIC HEARING: PROPOSED APPOINTMENTS TO SCHOOL BOARD At Large Fred G. Benham Princess Anne Borough Thomas E. Fraim Virginia Beach Borough R.L. Riggs Speaker: Colonel Robert Engesser, 5290 Vestry Drive, Phone: 499-3157, There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 2, 1996 - 14 - Itein V-J.1. PRESENTATION ITEM # 40604 Mr. E. Dean Block, Director, Management Services, presented the RESOURCE MANAGEMEAT PLAN.' FY 1996-1997 Opemdng Budget and FY 1996-2002 Capital Improvement Program. FY 1996 - 97 THEMES Maintenance of Effort Schools -- A S6und Footirig Strategic Response Destination Points FY 1997-97 SUMMARY OPERATING BUDGET SUMMARY* category FY 95-96 FY 96-97 % Change city $ 329,487,194 $348,342,876 5.72% schools 430,065,184 459,344,140 681% utilities 74,943,981 77,877,989 3.91% Enterprise Funds 9,031,835 12,330,733 1 36.53% TOTAL $ 843,527,744 $897,885,738 644% *Includes operations, debt service and current revenue capital costs by category. The 5chool Category also includes cafeteria, textbook and grant funds. SCHOOL OPERATING FUND COMPARISON School Board Request Recommended Approved FY 96-97 % Change FY 96-97 % Change FY 95-96 Total $358.36M $400.93M 11.9% $385.OOM 74% $145.79M $182.73M 25.3% $165.51M 13.5% CAPITAL IMPROVEMENT PROGRAM SUMMARY Project Category FY 1995-96 IY 1996-97 % Change Capital Program Capital Ilr(@gram schools $ 225,715,682 $ 250,783,027 11.11% All Other General 415,805,565 432,987,726 4.13% Improvement Total General 641,521,247 683,770,753 6.59% Improvement Utilitie,N 319,583,591 323,915,131 1.36% Grand Total $ 961,104,838 $ 1,007,685,884 4.85% April 2, 1996 - 15 - item V-J.I. PRESENTATION ITEM # 40604 (Continued) HIGHLIGHTS Quality Educatopm for life Long Learning Local taxes provided for School support increased by $19.7M or 13.5%. Funding for replacements and renewal; ADA; Indoor Air Quality. 3.2 -cent tax increase to place Schools on sound footing & replace lost federal revenue. Vtrginia Beach Higher Education Center Destination Point for tourists Tourism Advertising Program Fund Camp Pendleton Site Acquisition Planning for Red Wing Golf Course expansionlrenovation Quality Service to Support Urban Living @ded MHIMRI&4 services Replacement Social Services building Additional funds for facility replacement & renewal Seatack Recreation Center Continued neighborhood water & sewer projects Protection and Use ef our Natural Resources and Environment Continuation of ARP Beach Erosion Control & Hurricane Protection Noiect West Neck Creek Park Active Citizen and Business Involvement as Partners with @ Government Consolidation of water, sewer, storm water bills with HRS Citizen survey continued Regional Cooperation in Marketing and Leadership Regional agency funding, including Ifampton Roads Partnership Regional funding of Pendleton Child Services. Mobility Southeastern Parkway and Greenbelt Kempsville Road, Lynnhaven Parkway, London Bridge Road, Birdneck Road. Continued backlog reduction of resurfacing and bridge rehabilitation 40% increase in mass transit to replace federal cuts. Economic Vitality Water credit of approximately $331customer Five new Housing inspectors; additional funding for homeowner repairs to protect tax base Continued funding for economic development investment Safe Community 13 additional police officers are funded through a grant 6 positions for the Commonwealth's Attorney's office 6 additional firefighters Beach Borough police and fire stations Stable City Finances with Services Driving Revenues Maintenance of basic services 3.3% of payroll set aside for employee salary adjustments Financial Accounting System replacement, April 2, 1996 - 16 - Item V-K CONSENT AGENDA ITEM # 40605 OPDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councibnan Brancl; City Council APPROVED in one motion Ordinances 1, 4 and 5 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: J6hn A. Bawn, Linwood 0. Brancl; III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessonw, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 2, 1996 - 17 - Item V-K I ORDINANCES ITEM # 40606 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance, to APPROPRIATE $1,773 re overtime pay for Clerk of the Circuit Court employees to operate the Clerk's Record Room after normal office hours for extended title searches. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dea?L William W Harrison, Jr., Harold Heischober, Barbara M. Ifenley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Yz'ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 2, 1996 1 AN ORDINANCE TO APPROPRIATE $1,773 FOR THE PURPOSE OF PROVIDING 2 OVER-TIME PAY FOR EMPLOYEES OF THE CLERK OF THE CIRCUIT COURT 3 IN ORDER TO OPERATE THE CLERK'S RECORD ROOM AFTER NORMAL OFFICE HOURS 4 WHEREAS, the Clerk of the Circuit Court of the City of Virginia Beach has the responsibility for filing, indexing and processing 5 court actions, land records, marriage licenses, judgment liens, business names and other public records; storing and maintaining 6 public records; and providing access to these records to the public; 7 WHEREAS, the title companies that use the Clerk's record room cannot complete their work during normal office hours due to 8 the large increase in the number of refinancings brought about by lower interest rates, and have asked the Clerk of the Circuit Court 9 to allow them access to the record room after normal business hours from 5-00 p.m. to 8:00 p.m. two days each week for an 10 estimated three months or until the need is satisfied for this additional service @ 11 WHEREAS, to keep the record room open after normal office hours, an employee would be required to work over-time to keep 12 the computer mdexuig system on-line and maintain office security, which would cost an estimated $1,773 in over-time pay for the 13 three-month period; 14 WHEREAS, the cost of the over-time pay would be offset by a $25.00 per hour fee to be paid by title companies; 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds 16 in the amount of $1,773 are hereby appropriated to the FY1995-96 Operating Budget of the Clerk of the Circuit Court for the 17 payment of over-time to staff the Clerk's record room from 5:00 p.m. to 8:00 p.m. two days each week for an esfilnated three 18 months or until the need is satisfied for this additional service. 19 BE IT FURRHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the appropriation 20 be offset by an increase of $1,773 in estimated revenue from the $25.00 fee to be paid by title companies for use of the record room 21 after hours. 22 This ordinance shall be effective from the date of its adoption. 23 Adopted by the Council of the City of Virginia Beach, Virginia on the Second day of april, 1966 24 1996. 25 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 26 27 DEPARTMENT OF MANAGEMENT SERVICES CITY ATTORNEY 28 c:\budget\95-96\clrkot.ord vol. 53 sgh March 25, 1996 - 18 - Item IV-K2 ORDINANCES ITEM # 40607 Admiral Dick Dunleavy, 2220 Sandpiper Road, Phone; 426-0225, represented the Sandbridge Oceanfiont Property Owners Thomas E. Fraim, Chairman of Erosion Commission, advised City Council relative meeting with NBC, concerning their program re Sandbridge. Upon motion by Council Lady Henley, seconded by Vice Mayor Sessonts, City Council ADOPTED: Ordinance to TRANSFER $100,000 to the Sandbridge Beach Restoration and Renourishment Project (CIP #2-282) from the Sandbridge Special Service District Special Revenue Fund to allow the Army Corps of Engineers to complete preliminary engineering and design of the project. Voting: 9-2 Council Members Voting Aye: John A Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and louisa M. Strayhorn Council Members Voting Nay: Robert K Dean and Nancy K Parker Council Members Absent None April 2, 1996 I AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF 2 $100,000 TO THE SANDBRIDGE BEACH RESTORATION AND 3 RENOURISHMENT CIP PROJECT #2-282 FROM THE SANDBRIDGE 4 SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND TO 5 ALLOW THE ARMY CORPS OF ENGINEERS TO COMPLETE 6 PRELIMINARY ENGINEERING AND DESIGN OF THE PROJECT 7 WHEREAS, the Sandbridge Beach Restoration and Renourishment Project #2-282 was 8 approved by Council with the FY 1995-96 CIP, 9 WHEREAS, City funds for the project are provided by revenues generated from properties 10 within the Special Service District boundaries, and appropriated to the Sandbridge Special Service 11 District Special Revenue Fund, 12 WHEREAS, Federal funds in the amount of $100,000 for the project's preliminary 13 engineering and design are included in the President's proposed FY 1996-97 federal budget, but 14 Congress cannot authorize construction funds in the same year as preliminary engineering and design 15 funds; 16 WHEREAS, if the City were to provide the $ 100,000 to the Army Corps of Engineers for 1 7 preliminary engineering and design, it would facilitate the pursuit of additional Congressional 18 construction funding for Sandbtidge in FY 1996-97, and 19 WHEREAS, there is presently $100,000 available for transfer from the Sandbridge Special 20 Service District Special Revenue Fund. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, that funds in the amount of $100,000 be transferred to the 23 Sandbridge Beach Restoration and Renourishment CIP Project 92-282 from the Sandbridge Special 24 District Special Revenue Fund in order to allow the Army Corps of Engineers to complete the 25 preliminary engineering and design of the project. 26 Adopted the 2 day of April 1996, by the Council of the City of Virginia Beach, 27 Virginia. APPROVED AS TO CONTENT APPROVED AS TO LEGAL, SUFFICIENCY F:\SJOHNSTON\COUNCIL\2282COE.ORD - 19 - Ite,m IV-K3. RESOLUTION/ORDINANCES ITEM # 40608 A motion was made by Councilman Branch seconded by Councilman Jones, to ADOPT an Ordinance to authorize the City Manager to execute a Lease Agreement with Michael I. Ashe for office space re the administration and operations of Parking Systems Management. Said MOTION was WITHDRAWN. BY CONSENSUS, City Council DEFERRED TO THE 19 APRIL 1996 CITY COUNCIL SESSION. Ordinance to authorize the City Manager to execute a Lease Agreement with Michael I. Ashe for office space re the administration and operations of Parking Systerm Management City Staff shall address concerns relative the cost of the lease and it not being a full service lease. Utilities and janitorial services are not provided. City Staff shall provide information relative amortization of Investment improvements made by Michael Ashe to the building. City Staff shall also advise when Parking Systems Management would be moved to the Beach Borough Services Center, and if the term of the lease with Michael Ashe would fit into this schedule. Vice Mayor Sessoms ABSTAINED as the applicant does businesy with Central Fidelity Bank April 2, 1996 - 20 - Item V-K4. CONSENT AGENDA ITEM # 40609 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED.- Ordinance to authorize tax refunds in the amount of $15,593.04 upon application of certain persons and upon certification of the City Treasurer. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, LinwOOd 0. Branc,% 111, Robert K Dea?t William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, MaYOr Meyera E. Oberndorf Nancy K Parker, rice Mayor William D. Sessoms, Jr and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent None April 2, 1996 3/ 71 96 EMC ORM NO, C.A. 7 Page 1 of 2 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: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Y ear of Tax Number tion No. Paid Mark & Jennifer Boespflug 96 RE(1/2) 010879-2 12/29/95 58.20 Commerce Bank of Kansas City 96 RE(1/2) 110660-3 12/5/95 932.53 Ali R Jamali 96 RE(1/2) 059323-9 11/24/95 221.03 Baycliff Civic League Inc 96 RE(1/2) 007331-0 1/25/96 .30 Baycliff Civic Leaaue Inc 96 RE(1/2) 007328-5 1/25/96 1.89 Baycliff Civic League Inc 96 RE(1/2) 007329-4 1/25/96 53.60 Baycliff Civic League Inc 96 RE(1/2) 007330-1 1/25/96 .60 Marvin S Friedberg 96 RE(1/2) 041361-2 12/5/95 641.76 Esther B Ward 96 RE(1/2) 125758-4 11/29/95 305.61 David C & Lucinda Fuller 96 RE(1/2) 041731-5 1/16/96 104.37 VHDA Central Servicing 96 RE(1/2) 014803-5 11/9/95 58.34 J&E of Virginia Ltd. 96 RE(1/2) 058751-4 12/5/95 502.31 J&E of Virginia Ltd. 96 RE(1/2) 058752-3 12/26/95 513.21 Jacqueline Klecky 96 RE(1/2) 065647-7 12/5/95 11.88 Dick Kelly Enterprises#18 96 RE(1/2) 063990-5 12/5/95 2,780.46 Citicorp Mortgage Inc 96 RE(1/2) 051896-5 11/24/95 39.78 Elmer C Jr & Elizabeth Bonney 96 RE(1/2) 011261-6 11/21/95 59.40 BankOklahoma Mortgage Co 96 RE(1/2) 130427-5 11/24/95 2,940.30 Countrywide Funding Corp 96 RE(1/2) 053749-0 12/5/95 29.70 Tommy L & Maria McMillan 96 RE(1/2) 079181-0 1/18/96 58.19 Tommy L & Maria McMillan 96 RE(1/2) 079182-9 1/18/96 13.11 Tommy L & Maria McMillan 96 RE(1/2) 079183-8 1/18/96 16.28 May Dept Store Co 96 RE(1/2) 065894-7 11/14/95 297.00 W L Page, A P & R C Bell 96 RE(1/2) 090406-6 11/15/95 7.25 Philip M & Anna Stewart 96 RE(1/2) 115172-3 11/24/95 89.10 Leona P Nock 96 RE(1/2) 087558-8 12/5/95 54.88 Edmund E Sr & C Garrett 96 RE(1/2) 042924-0 12/4/95 50.49 Wendover Funding Inc 96 RE(1/2) 066859-8 11/14/95 307.69 J&E of Virginia Ltd. 96 RE(1/2) 058751-4 12/5/95 2,197.60 J&E of Virginia Ltd. 96 RE(1/2) 058752-3 12/5/95 2,245.32 GE Capital 96 RE(1/2) 016396-3 12/5/95 147.61 Ronald D Bridgeman 96 RE(1/2) 013303-2 12/5/95 11.88 Ronald D Bridgeman 95 RE(1/2) 013130-2 11/23/94 11.40 Ronald D Bridgeman 95 RE(2/2) 013130-2 5/24/95 11.40 Ronald D Bridgeman 94 RE(1/2) 013181-1 11/3/93 11.40 Ronald D Bridgeman 94 RE(2/2) 013181-1 6/l/94 11.40 Ronald D Bridgeman 93 RE(1/2) 060755-9 12/5/92 1.64 Ronald D Bridgeman 93 RE(2/2) 060755-9 5/14/93 9.81 See next page This ordinance shall be effective from date of adoption. The above abatements totaling top were approved by the Council of the City of Virginia Beach on the --day of Jo T. (A Approved as to form: Ruth Hodges Smith City Clerk Les e L L:tlley, ity Att@ey FORM NO, C.A. 7 EMC Page 2 of 2 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: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Y ear of Tax Number tion No. Paid Tommy L &Maria McMillan 95 RE(1/2) 077831-9 1/17/96 61.59 Tommy L &Maria McMillan 95 RE(2/2) 077831-9 1/17/96 58.96 Tommy L &Maria McMillan 94 RE(1/2) 077065-7 5/27/94 20.21 Tommy L &Maria McMillan 94 RE(2/2) 077065-7 4/12/95 20.97 Tommy L &Maria McMillan 93 RE(1/2) 076266-7 5/27/94 20.98 Tommy L &Maria McMillan 93 RE(2/2) 076266-7 5/27/94 20.21 James C Matolek Sr 95 RE(2/2) 075090-0 8/18/95 61.34 Bee Payton Powell 96 RE(1/2) 095705-3 12/28/95 45.32 Martha W Peterson 92 pp 265259-4 1/28/93 295.53 Katherine L Hannah 88 pp 077551-5 2/13/96 94.44 Bee Payton Powell 95 pp 290088-6 12/29/95 10.20 Bee Payton Powell 95 pp 290087-7 12/29/95 4.57 Margaret Wolfred 96 Dog V13648 11/19/95 10.00 David Nunnally 96 Dog V13644 12/5/95 10.00 Lee Campbell 96 Dog V07391 1/2/96 10.00 Kristine Sawyer 96 Dog V18117 1/8/96 2.00 Albin Peschke 96 Dog V21244 1/25/96 10.00 Prudence Palmer 96 Cat V17732 1/8/96 2.00 Barbara Rector 96 Dog V19993 1/18/96 2.00 Karen Silverman Golden 96 Dog V19940 1/16/96 2.00 C W Wilcox Jr 96 Cat V16985 12/28/95 2.00 Darlene Walters 96 Dog V09519 12/19/95 10.00 Darlene Walters 96 Dog V09518 12/19/95 10.00 I-Otal 15,593.04 This ordinance shall be effective from date of adoption. Tp tement(s@ totaling c ... were approved by the Council of the City of Virginia Beach on the ? -day of .1996 ic Approved as to form: Ruth Hodges Smith City Clerk - 21 - Itein V-K5. CONSENT AGENDA ITEM # 40610 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch City Council ADOPTED: Ordinance to authorize license refunds in the amount of $11,010.67 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None April 2, 1996 No. CA I 'AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND cl@ OPON CERTIFICATION OF THE COMMISSIONER . @l-L OF THE REVENUE crry OF VIRGit4ill LIFI@ BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Toni P. Keating 1995 Audit 222.00 222.00 T/A S & S Media 1805 Rose Petal Court Virginia Beach, va 23456 Betty R Kirby 1995 Audit 49.04 49.04 T/A Knitting Mach. & Yarns By Bettv 3097 Newbridge Road Virginia Beach, va 23456 Nationsbank of Virginia 93-94 Audit 3,094.16 3,094.16 T/A Plaza Virginia Beach/Nikolais 25 South Charles St 1300 Baltimore, Md. 21201 Parr Four, Tnc 1995 5,556.84 5,556.84 T/A Video Express 5300 Kempsriver Rd 102 Virginia Beach, va 2 3464 Certified as to Payment: @bert P. Vaugha@ Commissioner of the Revenue Approved as to form: Ce-s(ie L. Lilley This ordinance Shall be effective from date of City Attorney adoption. The above abatement(s) totaling $ 8,922.04 were approved by the Council of the City of Virginia Beach on the 2 day of April ,1996. Ruth Hodges Smith City Clerk MM NO. CJL 03M AN ORDINANCE ALJTHORIZING LICENSE REFUNDS UPPN APPLICATION OF CERTAIN PERSONS AND UPIDN CERTIFICATION OF THE COMMISSIONEFT Oq THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Anne R. Russell 1995 2-28-96 30.()O 30.00 T/A Anne R Russell 4424 Hinsdale Street Virginia Beach, Va 23462 Maxine Spool Md PC 94-95 Audit 32.37 32.37 1212 Lake Jarnes Drive Virginia Beach, va 23464 T K Tripps of Va, Inc 1994 Audit 1,231.01 1,231.01 T/A T K Tripps/Rock-ola Cafe P 0 Box 10398 Greensboro, NC 27404 - 0398 Certified as to Payment: Commissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,293.38 were approved by the Council of the City of Virginia Beach on the2day of 19 1)6 Ruth Hodges Smith City Clerk NO. CA a wave 3" AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Tidewater Childrens Associates, Ltd 5121 Greenwich Road 94-95 Audit 82.41 82.41 Virginia Beach, va 23462 Kenneth M. Van Stralen DDS 94-95 Audit 660.56 660.56 2713 0 Street NW Washington,,DC 20007 Wild Water Rapids, Tnc 93-95 Audit 52.28 52.28 1120 Laskin Road Virginia Beach, va 23451 i7@ Certified as to Payment: @obert P. Vaughan Commissioner of the Revenue Approved as to form L@i4 L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 795.25 were approved by the Council 2 April 96 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk - 22 - Item V-L.l. APPOIATMEATS ITEM # 40611 BY CONSENSUS, City Council RESCHEDULED: VIRGINIA BEACH CRIME TASK FORCE April 2, 1996 - 23 - Itein V-L2 APPOINTMENTS ITEM # 40612 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED.- REVIEW AND ALLOCATION COMMITTEE (COIG) Dr. Patrick Konopnicki Department of Health (No Term) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Meinbers Voting Nay: None Council Members Absent.- None April 2, 1996 VIRGINIA BEAQ-H DEPARTMENT OF @AG@ SERVICES Crr'Y HALL BUILDING, ROOM 3B MUNICIPAL CENTER VIRGINIA BIEACH, VA 234@ PHONE: (804) 427-M4/FAX: (804) 426-5875 DATE: October 30, 1996 TO: Ruth Hodges Smith, City Clerk FROM: Mary Miller Gentry COIG Review and Allocation Committee, Staff Liason Department of Management Services SUBJECT: Appointments to the Community Organization Incentive Grant (COIG) Review and Allocation Committee As we discussed last Wednesday, October 23, 1996, Dr. Dandoy requested that Dr Konopnicki serve as her designee for the COIG Review and Allocation Committee last year during the FY 1996-97 application process. Dr. Dandoy has indicated to me that she will be able to resume her role on the committee and will no longer require Dr. Konopnicki to serve as her designee. Based on our conversation, further Council action is not necessary. However, please take whatever action is necessary to reinstate Dr. Dandoy as a member of the COIG Review and Allocation Committee. Please let me know if additional Council is necessary so that I can provide you with a formal resignation from Dr. Konopnicki. cc: Priscilla M. Beede, Chairman of the COIG Review and Allocation Committee Suzanne Dandoy, M. D., Director of the Department of Health - 24 - I@ V-L.3 APPOINTMENTS ITEM # 40613 UPON NOMINATION bY ice Mayor Sessoms, City Council APPOINTED: VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD Frank Lane (Public Al Large) 3 Year Term 4/01/96 thru 3/31/99 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; 111, Robert K Dean, urilliam W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Kice Mayor Wzlliam D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Meinbers Absent.- None April 2, 1996 - 25 - Item V-M-1. UNFINISHED BUSINESS ITEM # 40614 Upon motion by Councilman Harrison, seconded by Council Lady Strayhorn, City Council SCHEDULED FOR HEARING 9 APRIL 1996: RECONSIDERA77ON TO MODIFY CONDITIONS in the January 19, 1988, approved Application of MARIE T. LAMB for a Change of Zoning District Classification from R-8 Residential District to A-1 Apartment District for LYNN LTD. at the Southwest corner of Bonney Road and Kenley Road (4973 Bonney Road), containing 7.8 acres (KEMPSWLLE BOROUGH). On March 26, 1996, City Council REFERRED this application BACK TO THE PLANNING COMMISSION. Councilman Harrison advised that going "back to the Planning Commission" would be an economic detriment to the applicant. A Verbatim shall be provided of the City Council Meeting of January 19, 1988, relative the MARIE T. LAMB application. Voting: 7-3 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent.- Robert K Dean April 2, 1996 - 26 - Itein V-N. I. NEW BUSINESS ITEM # 40615 With Vice Mayor Sessoms PRESIDING, upon motion by Mayor Oberndorf seconded by Councilman Dean, City Council ADOPTED, AS AMENDED: Resolution expressing interest of the City Council in participating in the study on the possibility of the area becoming home to a Major Sports Franchise; and, the method by which that study will be undertaken. On the second page "Sports Authority of Hampton Roads" shall be inserted, to read: "BE IT FURTHER RESOLYED; That it is the express desire of the City Council that the work accomplished using the public funds that would be made available by vote of the Executive Committee of the Hampton Roads Planning District Commission or other public funds be directed by the Sports Authority of Hampton Roads and that the selection of a consultant be done under the requirements of the Virginia Public Procurement Act; and, Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Brancl; III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Rrayhorn Council Members Voting Nay: None Council Members Absent: None April Z 1996 A RESOLUTION EXPRESSING THE INTEREST OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH IN PARTICIPATING IN THE STUDY ON THE POSSIBILITY OF THE AREA BECOMING HOME TO A MAJOR SPORTS FRANCHISE AND THE METHOD BY WHICH THAT STUDY SHALL BE UNDERTAKEN WHEREAS, the Hampton Roads area is the largest metropolitan area in the Nation without a major professional sports franchise; and WHEREAS, the lack of a major sports franchise may be attributable to the lack of a facility of sufficient size for professional basketball or ice hockey to be housed; and WHEREAS, the Hampton Roads Mayors and Chairs Caucus has discussed the need for a consultant to examine the possibility of constructing a 20,000 seat arena for professional basketball and/or ice hockey to be located in the Hampton Roads area; and WHEREAS, this initial study would examine the experience in other jurisdictions in procuring and retaining a professional sports franchise, the amount of private sector support needed from major businesses, the number of luxury boxes that could be sold, the demographics of the Hampton Roads area and its impact on the affordability of admission to professional basketball or ice hockey games, and other issues; and WHEREAS, this initial study will set the tone for the entire process of procuring a franchise, identifying funding mechanisms, and receiving the necessary public support; and WHEREAS, based on the results of the initial study, follow on studies would establish the preferred site and funding mechanisms; and WHEREAS, it has been proposed that the Greater Norfolk Foundation, established for the advancement of economic development in the City of Norfolk, administer this initial study; and WHEREAS, the Hampton Roads Planning District Commission has up to $150,000 of public funds available in its unallocated surplus for use if agreed to by the Executive Committee of the Hampton Roads Planning District Commission for the consultant study to determine the feasibility of a major sports franchise being located in Hampton Roads. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the City Council enthusiastically endorses the effort of the region to examine the feasibility of a major sports franchise being located in the Hampton Roads area, in a facility that would be deemed suitable for a successful franchise; and BE IT FURTHER RESOLVED: That the City Council hereby agrees to participate with staff support and other input as is needed in the identification of those items to be studied, the selection of a consultant, and the execution of the study; and BE IT FURTHER RESOLVED: That it is the express desire of the City Council that the work accomplished using the public funds that would be made available by vote of the Executive Committee of the Hampton Roads Planning District Commission or other public funds be directed by the Sports Authority of Hampton Roads, and that the selection of a consultant be done under the requirements of the Virginia Public Procurement Act; and BE IT FURTHER RESOLVED: That Mayor Meyera E. Oberndorf is hereby authorized to express the sense of the Council as expressed in this resolution to the Hampton Roads Mayor and Chairs meeting at its April 26, 1996 meeting. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second day of April 1996. @l&\ITENITS @:'D AS Tn Lr@f7,@,L COY - 27 - Item V-N.2 NEW BUSINESS ITEM # 40616 The following spoke in SUPPORT: John Baillio, 221 66th Street, Phone: 425- 71 73, advised the key to the Ordinance is the location of these farm ponds. Ann Henley, 3112 Colchester Road, Phone: 426-6991 Dolly Mason, 3369 Colchester Road, Phone: 426-6528 Robert Pfaffinger, 821 Los Conaes Way, Phone: 426-6059 represented the Lago Mar Civic Association Assistant City Attorney Vanessa Valldjuli advised pursuant to Section 21-204 of the City Code, the Department of Public Works has performed an engineering study of Colchester Road and has recommended the maximum weight limit upon this road should be eight (8) tons. The engineering study disclosed the recent operation of commercial vehicles over Colchester Road has seriously damaged the road and rendered it unsafe for all vehicular trafftc. Signs stating the eight (8) ton weight limit shall be erected immediately at each end of Colchester Road. This will be effective for 90 days. Enforcement of this weight limit will ensue immediately upon the posting of the aforesaid signs. Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council DEFERRED TO THE 23 APRIL 1996 CITY COUNCIL SESSION Resolution to declare City Policy is to not purchase excavated nwterial from those "grandfathered" agricultural operations which are not subject to the fee required for material removed from borrow pits under City Code Section 30-20. (Sponsored by Councilman Robert K Dean) The City Attorney's office will rewrite the Resolution in coordination with Council Members Baum and Dean to arrive at a more equitable and permanent solution to the problem. Police will be enforcing the maximum weight limit on Colchester Road. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert K Dean, William W. Ilarrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Trice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- Linwood 0 Branci4 III April 2, 1996 - 28 - Item V-N.3. NEW BUSINESS ITEM # 40617 Mayor Oberndorf referenced a letter from the Resort Area Advisory Commission requesting a one hour Workshop with City Council to discuss mutual priorities in the resort area. The Mayor and City Manager will coordinate scheduling this for City CounciL April Z 1996 - 29 - Ite,m V- 0. ADJOURNMENT ITEM # 40618 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:50 P.M.. @- -@ - @, - *Ifl)l@ ------- Beverly 0. Hooks, CMC Chief Deputy City Clerk ---- --- ---------------------- Meyera E. Obertidorf City Clerk Mayor City of Virginia Beach Virginia April 2, 1996