NOVEMBER 6, 2001 MINUTES : City of Vir_ _inia Beach
11 "COMMUNITY FORA LIFETIME" 11
Il CITY COUNCIL II
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, 111, Beach -Dtstnct 6
MARGARET L EURE, Centervdle - District 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstnct 5
BARBARA M HENLEY, Princess Anne - D~stnct ?
LOUIS R JONES. Baystde - Dgstnct 4
REBA S McCLANAN, Rose Hall -Dtstnct $
ROBERT C MANDIGO, JR, Kempswlle - D~strtct 2
NANCY K PARKER, At-Large
ROSEMARY WII_~ON, At-Large
JAMES K SPORE. Cffy Manager
LESLIE L. LILLEE Ctty Attorney
RUTH HODGES-SMITH, MMC, City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING !
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 4274304
FAX (757) 426-5669
EMAIL. CtycnclO city vtrgtnta-beaclr va us
November 6, 2001
I. CITY MANAGER'S BRIEFINGS
- Conference Room-
1:30 PM
A.
CONSTRUCTION MANAGEMENT PROCESS - MAJOR PROJECTS
E. Dean Block, Director of Public Works
John W. Herzke, City Engineer
B.
COMMERCIAL PARKING LOTS
Karen Lasley, Planning and Zoning Administrator
C,
CHANGE INDICATORS and FISCAL FLEXIBILITY - MEETING CHALLENGES IN
UNCERTAIN TIMES
Steven T. Thompson, Chief Financial Officer
II. CITY COUNCIL WORKSHOP
A. MAY vs NOVEMBER COUNCILMANIC ELECTIONS
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
Ctttzens may register to address Ctty Council for a limited time on any ttem on the
Formal Counctl ,4 genda Speakers may regtster tmmechately prior to
the meettng or, tn advance, by calhng the City Clerk's Office at 427-4303
VI. FORMAL SESSION
- Council Chamber-
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Gretchen O. S. Nelson
Beech Grove and Bethel United Methodist Churches
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
October 23, 2001
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determtned during the Agenda Review Session and considered tn
the or&nary course of bustness by City Council to be enacted by one motion.
H. PUBLIC HEARINGS
1. AIRSPACE - Town Center Underground Construction
2. AGRICULTURAL RESERVE PROGRAM (ARP) - District 7 - Princess Anne
(a) 39.68 acres - 2060 Princess Anne Road
I. STAFF PRESENTATION and PUBLIC COMMENT
1. Facial Recognition Technology
J. ORDINANCES
.
Ordinance to AUTHORIZE the sale of airspace (City's right-of-way) to the Town
Center for constructing underground pilings with caps at Virginia Beach Boulevard; and,
AUTHORIZE the City Manager to convey this right-of-way to Town Center Associates,
L.L.C.
.
Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP)
easements and the issuance of its contract obligations:
(DISTRICT 7 - PRINCESS ANNE )
a. Nancy Williamson 39.68 acres $678,528
Installment Purchase Agreement No. 2001-41
.
Ordinance to AUTHORIZE the City Manager to execute a Declaration of Restrictions
for West Neck Creek Park re a conservation easement to be preserved in its natural state
and serve as a passive recreation site.
.
Ordinance to AUTHORIZE the City Manager to enter into an Assignment of and First
Amendment to the Sales Agreement with Gibson Equipment Company, Inc. and
Galloway Corporation to acquire additional property at 19~ Street and Birdneck Road for
the Convention Center expansion.
.
Ordinance to RE-APPROPRIATE $7,510,654 of School Reversion funds from FY
2000-2001 General Fund fund balance to the FY 2001-2002 capital improvement and
operating budgets for school projects and instructional purposes.
.
Ordinance to ACCEPT and APPROPRIATE $2,363,076, a State construction grant,
to the FY 2001-2002 School capital improvement (CIP) budget for elementary school
modernization projects.
.
Ordinance to APPROPRIATE $614,511 from the General Fund and TRANSFER
$685,489 from various roadway capital projects re land acquisition at Potters Road for
the Lynnhaven Parkway Interchange at Great Neck Road, by agreement or condemnation.
,
Ordinance to APPROPRIATE $250,000 from the Police Forfeited Asset Sharing fund
to their FY 2001-2002 operating budget re the purchase of replacement gas masks and
filters for every officer.
K. RESOLUTIONS
.
Resolution re the City's COMMUNITY LEGISLATIVE AGENDA and requesting the
City's delegation sponsor and/or support this legislation during the 2002 Virginia General
Assembly.
.
Resolution re twenty-five (25) percent reimbursement from the Commonwealth of
Virginia re construction funding for all eligible costs associated with the Correction
Center expansion.
,
Resolution appointing Doris J. Geiger to the position of Assistant City Attorney
effective 16 November 2001.
L. APPOINTMENTS
~CHESAPEAKE BAY PRESERVATION AREA BOARD (CBPA)
COMMUNITY SERVICES BOARD (CSB)
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
PENDLETON PROJECT MANAGEMENT BOARD
PLANNING COMMISSION
~.-SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
VIRGINIA BEACH FOUNDATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
ll/01/01gw
AGENDA\I 1/06/01
www.vbgov.com
OUR NK'I
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rginia Beach, Virgima
November 6, 2001
Mayor Meyera E Oberndorf called to order the City Manager's Briefing CONSTRUCTION
MANAGEMENT PROCESS- Major Projects in the City Council Conference Room, City Hall Bmldlng,
on Tuesday, November 6, 2001, at 1 30 P M
Council Members Present
Llnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louis
R Jones, Reba S McClanan, Robert C Mandlgo, Jr, Mayor Meyera
E Oberndorf Nancy K Parker and Rosemary Wilson
Council Members Absent
Vice Mayor Wdhams D Sessoms, Jr
Wdham W Harrtson, Jr
[Entered 2 20 P M]
[Out of City relative Legal Appointments]
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MA YOR 's COMMENTS
ITEM # 48834
Mayor Oberndorf congratulated Ltnwood and Robln Branch on the blrth of their daughter, Lindsey Olivia
Branch, on Thursday, October 25, 2001
ITEM # 48835
Mayor Oberndorf advtsed she was unable to attend the Ctty Counctl Sesston of October 23, 2001, as she
was parttctpatmg for two days tn the Mayors' Emergency Safety and Security Summit in Washington,
D.C. The Mayor was Co-Charring a Session on Emergency Preparedness Tom Rtdge, the new Secretary
of Homeland, John Ashcrofi -Untted States Attorney General, Tommy Thompson - Health and Human
Services Dtrector, and, Robert Mueller, III- FBI Dtrector, were tn attendance The FBI was requested to
be more forthcoming with specific lnformatton to the local pohce forces
November 6, 2001
-3-
CITY MANA GER 'S BRIEFING
CONSTRUCTION MANAGEMENT PROCESS - MAJOR PROJECTS
1:30 P.M.
ITEM # 48836
E Dean Block, Dtrector of Pubhc Works, advtsed the staff ts revtewtng all opportuntttes to assure the
success of the Convention Center Replacement ProJect (CIP 9-018), whtch ts the largestproject of tts type
The staff ts tnterested tn purstng the optton of Constructton Management (CM) as a dehvery method
John Herzke, Ctty Engtneer, advtsed the Ctty has htstortcally procured constructton servares for budding
projects (as well as other types of constructton projects) through a tradtttonal compettttve btdprocess This
process generally tnvolves the submtsston of btds for the work based on a completed set of construction
contract documents prepared by the Archttectural/Engtneertng consultants The constructton contract ts
almost always awarded to the lowest btd submttted by a responstve and acceptable contractor Section 2-
214 3 of the Code of Vtrgtnta Beach adopts vartous secttons of the Code of Vtrgtma relattng to the Vtrgmta
Pubhc Procurement Act and the procurement of servtces Included tn the hst of adoptton ~ecttons ts Code
of Vtrgmta §2.2-4308 entttled "Design-build or construction management contracts forpublic bodies other
than the Commonwealth; eligibility requirements, award of contract, records to be kept" 7his code sectton
allows apubhc body to "enter into a contract for construction services" (fixedprtce or not-to-exceedprtce)
using "deslgn-butM or constructton management basts provtded the public body comphes wtth the
requtrements of this sectton and has obtatned the approval of the Design-Build/Construction Management
Review Board" Thts code sectton also prescrtbes that a pubhc body must "have adopted, by ordinance or
resolutton, wrttten procedures governing the section, evaluatton and award of destgn-buddmg and
constructton management contracts" Currently, the Ctty does not have an ordtnance or resolutton whtch
wouM meet the requtrements outhned tn §2.2-4308. Therefore, the Ctty cannot utdtze destgn-butM or
constructton management as a dehvery system for Ctty projects The Construction Management (CM) At
Rtsk has been utdtzed three ttmes tn Vtrgtnta stnce 1997 Rtchmond Conventton Center- GteCCA, Regtonal
Jad-New Rtver Valley Regtonal Jarl A uthortty, and, Jarl and Courthouse - Tazewell County
What is Construction Management At Risk?
Construction Management At Risk ts a dehvery method where the Constructton
Manager is selected early tn the destgn phase and
Destgn Phase The Constructton Manager parttctpates tn the destgn
process by evaluattng cost, schedules, alternattve destgns tncludtng
systems and matertals, constructtbthty revtews, sub-contract btd
package strategtes
Prtor to constructton The Constructton Manager provtdes a
guaranteed maxtmum prtce (GMP) that ts acceptable to the owner and
from that point assumes rtsk for prtce and schedule
During construction the Construction Manager manages the
constructton project and awards numerous competlttvely btd contracts
for the major components of the work
Post construction the Construction Manager provtdes services tn the
start-up and turnover of the facthty to the operators, project close-out
and warranty pertod servtces
Selection Criteria for the Construction Manager
Based on crtterta that combtne quahficattons, expertence, and fee
Bastc Company Data and References
Personnel Expertence and Capabtltty
Expertence tn Constructton Management and Project Type, t e Convention Centers
Ftnanctal tnformatton Bondtng, Insurance
Management Plan and Quahty Control Plan for the Project
Fee for services (as a percentage of constructton cosO
Management Information Systems
Safety Record
Selectton commtttee will be comprlsed of Ctty stafffrom Pubhc Works, Conventton
and Vtsttor Development and Ftnance/Purchastng
November 6, 2001
-4-
CITY MANA GER 'S BRIEFING
CONSTRUCTION MANAGEMENT PROCESS - MAJOR PROJECTS
ITEM # 48836 (Continued)
Mr Herzke ctted the AD VANTAGES:
Team approach from the start, not typical adversartal relattonshtp
Increased owner control over the project cost
Strong "Check & Balance" between designer and contractor
Value engtneertng throughout design not just after btd
Constructton planmng and scheduhng are enhanced
Phased constructton options are avatlable
City revtew and approval o fall the Construction Management subcontracts
What is in the Guaranteed Maximum Price (GMP) ?
Direct cost of dotng the work the brick, mortar, labor, subcontracts
General Condttlons
Constructton Manager's on-site staff
Temporary faclhtles, power, utilities
Contingencies
As agreed to between Owner and Constructton Management
Allowances Of used)
Construction Management fee
(Typically 2 - 2 1/2% on all the above)
What is not in the Guaranteed Maximum Price (GMP) ?
Changes durtng construction requested by the owner
Unforeseen site conditions (t e, sub-surface soil conditions, etc )
Design errors and omtsslons
Code changes after GMP established, which cause a change for constructton
What is the process to procure Construction Manager (CM) Services?
City adopts resolution to estabhsh the Constructton Management selection
procedures
Application for project approval is submitted to the State Construction
Management/Deslgn-ButM Review Board
Adverttse a Request for Quahficattons (RFQ)
Select or short-hst the best two to five firms
Send the short-hsted firms a Request for Proposal (RFP)
Evaluate those responses based on estabhshed criteria
Sort responses into "Acceptable" or "Not Acceptable"
Select firm based on the established crtterla Oncludlngfee proposal)
Negottate and award contract for preconstructlon services
Establish the GMP (at destgn completion)
Award the construction contract
Mr Herzke ctted the RECOMMENDATION$:
Approval of resolution provtdtng the City the optton to use alternate
project dehvery methods allowed by State law Thts resolutton does not
mandate any project be dehvered by destgn-butM or constructton
management Thts resolutton does complete a crtttcal requtrement of Code
of Vtrgtma 392 2-4308 requtrlng such a resolutton to be tn place prtor to
ustng an alternate dehvery method for constructton of apphcable projects
Use ora Construction Management dehvery system for the Convention
Center Replacement (CIP 9-018) Thts project ts extremely complex and
offers numerous unique challenges Staff feels the mcorporatton of a
Constructton Manager to the project process will help foster a successful
project outcome lncludtng a htgh quahty, iconic bulldtng wtth opttmum
value and project budget control
Direct staff to make apphcatlon to the Design-ButYd/Construction
Management Review Board tn Rtchmond for use of construction
management as a dehvery system on the Convention Center Replacement
(cie 9- Ol S)
November 6, 2001
-5-
CITY MANA GER '$ BRIEFING
CONSTRUCTION MANAGEMENT PROCESS - MAJOR PROJECTS
ITEM # 48836 (Continued)
Mr Herzke referenced the 2 to 2 1/2% Construction Management fee The construcnon cost wtll be
approxtmately $134-MILLION The 2 - 2 ~% fee wouM be based on thts cost (approxtmately $2. 7-
MILLION) The total project conststtng of approxtmately $193-MILLIONencompasses destgn, acqutsttton,
unhty adjustments and other factors A general contractor wouM have alee of a comparable nature as a
part of the btd package Mr Herzke advtsed the Ctty has control of all of the subcontractor btds of the
Constructton Manager There are three potnts of checks and balances Mr Block advtsed thts same process
conttnues durmg the destgn work All tnvolved (archttect, Constructton Manager) wtll be aware of the budget
comprtstng $193-MILLION for the Convention Center Replacement ProJect (CIP 9-018) Mr Herzke
advtsed apphcatton for eachproject must be made to the Design-Build/Construction Management Review
Board tn Rtchmond for use of construction management as a dehvery system The staff wouM also request
Ctty Council's approval, tf another project were to be utthzed through the Constructwn Management
process, however, thts process does not apply to normal "run-of-the mtll" constructton projects
Mr Herzke advtsed concerntng the Resolutton outhmngprocedures for the selectton, evaluatton and award
of Constructton Management contracts, Sectton b, page 2, concerntng "the Ctty shall pubhsh notice of tts
request for quahficattons at least ten (10) days prtor to the date set for receipt of quahficatlons by postmg
tn the Purchastng Agent's office and tn a local newspaper of general ctrculatton tn the Ctty" The ten days
ts only a mmtmum The nottce wtll probably be posted for three to four weeks
BY CONSENSUS, Resolutions shall be SCHEDULED for the Ctty Counctl Sesston of November 13, 2001
Resoluttons AUTHORIZING Ctty staff to commence process of obtatmng state approval for the use ora
Constructton Management contract re the Convention Center Replacement, and, outhmng procedures for
the selectton, evaluatton and award of destgn-butld and Construction Management Contracts as a dehvery
method of major Ctty constructton projects
November 6, 2001
-6-
CITY MANA GER 'S BRIEFING
COMMERCIAL PARKING LOTS
2:40 P.M.
ITEM #4883 7
Karen Lasley, Zontng Admtmstrator, advtsed Ctty Counctl was very concerned relattve the appearance of
commercial parMng lots tn the Oceanfront area and the behavtoral problems occurrtng tn these lots On
May 1, 2001, Ctty staff presented a DRAFT Ordtnance to AMEND Section 23-58 of the City Codepertatmng
to the regulatton of commercial parMng lots Thts was referred to the Resort Advtsory Commtsston (RAC)
for revtew and comment There were a sertes of meetmgs hem by the Resort Advtsory Commtsston (RAC)
from June Seventh to September Thtrteenth Wtlham Rountree, Chatrman- Resort Advtsory Commtsston
forwarded correspondence of September 18, 2001, to Ctty Councd, outhmng RAC's posttton
Ms Lasley advtsed the Ordtnance only apphes to Commercial Parking lots tn the RT-Resort Tourist
Districts The problems are untque to the Oceanfront area The staff ts concerned relattve the
unprofessional appearance of many commerctal parkmg lots stgns Ms Lasley ctted the following
amendments, contatned wtthtn the ordtnance, relattve stgns
Signs
Entrance stgns requtred wtth a maximum of 9 (nme) square feet
Entrance stgn must contam name and lot, hours of operatton and rates
A stgn plan must be submttted
Stgns shouM have professtonal appearance
In keeping wtth the colors and style used on pubhc stgns at the Oceanfront
Moveable letters on entrance stgn for postmg varying rates
The RAC supports these remsed amendments re stgns
A paved surface ts requtred (asphalt, concrete or pavers) RAC also concurs with thts amendment The
revtsed ordmance requtres improvement tn keeping wtth Engmeermg Standards - this includes curbing
RAC recommends Ctty Council consider watvmg the requtrement for cubing Ms Lasley referenced the
staff response
Curbing ts tn keepmg wtth tmprovements imposed on all commercial development
Fmtshed upgraded appearance
Protects landscapmg
Acts as a traffic control device
Stormwater Management
Revtsed Ordtnance requtres lot tmprovements tn keepmg wtth Engtneermg
Standards -requtres Stormwater Management to be addressed
RAC recommends that Ctty Counctl constder watvmg the requtrement for
Stormwater Management.
Staff Response Cannot legally watve Stormwater Management The Ctty
Engmeers beheve the tmpact of stormwater management Wlli be mlntmal
Extsttng compacted gravel ts prtmarlly tmpertous and landscaping ts being
added
November 6, 2001
-7-
CITY MANAGER'S BRIEFING
COMMERCIAL PARKING LOTS
ITEM #4883 7 (Continued)
Perimeter Landscaping
Only adjacent to pubhc streets or pubhc property
Where a lot ts adjacent to landscaped Ctty property, consider a variance
tf the lot owner upgrades extsttng landscaping and/or adds features such
as a trelhs or sculpture
RAC agrees wtth thts revtsed amendment
Perimeter landscaping wouM entad a cost of approxtmately $15 per foot of frontage A 5-foot landscape
strip ts reqmred at the Oceanfront rather than the lO feet required throughout the Ctty
Variances
Ftrst verston of amendments allowed no watvers to any of the
requtrements
RAC and staff concur that some vartatton of the regulattons may be
justtfied
RAC recommends creatton of an 8-member gartance Board
Staff recommends vartance to the Commerctal Parktng Lot Ordtnance be
handled by the Ctty Manager or hts destgnee, the same as vartances to
the Stte Plan Ordtnance
Interior Landscaping
Do not requtre standard ~ntertor landscaptng due to stgntficant loss of
parktng spaces
Requtre tntertor only where the lot has tntertor spaces
Requtre one Ctty approved planttng contatner at the end of each tntertor
parking atsle (The contatners are very sturdy)
Cost Contatner $600
Landscaptng $150
RAC supports thts revtsed amendment
Hours of Operation
Open unttl 2 O0 A M
Lot secured by 2 30 A M
Lot may rematn open all mght tf bustness ts open 24 hours per day - ~f
supervtsed and only for patrons of the 24-hour business
R/IC supports thts revtsed amendment
Attendants
An attendant must be on the premtses for one-half hour after clostng or
unttl the last car leaves, whichever ts earher
RAC agrees wtth thts revtsed amendment
November 6, 2001
-8-
CITYMANAGER'S BRIEFING
COMMERCIAL PARKING LOTS
ITEM #4883 7 (Continued)
Deadlines for improvements
Original draft- April 30, 2002
RAC - Landscaping by April 30, 2002 and paving by April 30, 2003
Staff- landscaping and paving delayed until April 30, 2003
RA C supports delaying the deadline for required improvements
Ms Lasley advtsed the staff and RAC concur on all potnts with the exceptton of Curbing, Stormwater
Management and formation o fa Variance Committee
The approval of revised amendments is recommended
Good compromtses that balance aesthettc grades with minimal loss of
extsttng parktng spaces
The extsttng substandard lots are "temporary".
Current appearance of the lots ts not tn keeptng wtth the goal of tmprovlng the quahty of the Resort Area
Wdl help move the Resort Area towards tts full potenttal
The Ctty staff shall revtew an amendment to the Zoning Ordinance concerntng a "temporary parking lot"
which couM be admtntstrattvely approved and have reduced requirements for a period of one year and if
the apphcant wished further extension, it must be through the Conditional Use process
Henry Rulz, Parking Systems Management, advised there are 2300privately operatedparklng spaces (some
are utlhzed for fees and others for business estabhshments) and 1600 Mumclpal parking spaces
Approximately thtrty-slx (36) parking lots require some form of comphance
Councdman Branch wished to confer with Ms Lasley relative curbing and examples of stormwater
management solutions being presented at a future City Council Session
Mayor Oberndorf expressed concern relative parking lots being used as "used car lots"
November 6, 2001
-9-
CITY MANA GER 'S BRIEFING
CHANGE INDICATORS and FLEXIBILITY MEETING CHALLENGES IN UNCERTAIN TIMES
3:10 P.M.
ITEM #48838
City Councd ts faced wtth dual dectstons pertatntng to the use of addtttonal funds avadable at the end of the
Ctty's fiscal year, and, any adjustments needed to respond to the potenaal for a recesston, whtch was
compounded by the attacks of September Eleventh In addttton to the uncertatnty of revenue tmpacts, home
land securtty tssues may drtve expendttures Conststent wtth the Ctty's successful pohce of financtal
management, these tssues requtre a remew of the Fund Balance Reserve Policy tn the context of avadable
funds, a destre to butM reserves, fund capttal projects and recogmze members There ts a need to develop
some form of leadtng and laggtng tndtcators to help predtctfinanctal change tn these uncertatn ames
Study Group Participants
Chuck Applebach
Medta Relattons Manager
Paul Harrts
Management Servtces
Vtctorta Lewts
Chtef Ftnanctal Officer - Schools
Patrtcla Phdhps
Dtrector of Ftnance
Dtane Roche
Asststant to the Clfy Manager for Medta and Commumcattons
Fagan Stackhouse
Dtrector- Human Resources
Susan Walston
Chtef of Staff
Catheryn Whttesell
Dtrector- Management Servtces
Relattve the Fund Balance, the Cay's reserve pohcy requtres that undesignated General Fund Balance be
matntatned at 75%-100% of the subsequent year 's debt service over the past several years, we have targeted
reserves at 82 5%, whtch ts beyond the mtntmum The unaudtted end-of-year financtal statement indicates,
the followtng is avadable above thts reserve target
Undesignated Fund Balance- June 30, 2001
Fund Balance Policy Reserve 82.5%
Amount Beyond Policy Reserve
$62,409,184
$60,927,546
$1,481,638
There ts a balance of approxtmately $1.5-MILLION beyond the 82.5% reserve target The mtntmum
requtrement of 75% of debt servtce wouMprovtde an addmonal $5.8-MILLION, leavmg a total of SZ3-
MILLION avadable above the mtntmum reserve level
PROJECTS
Projects currently under consideration or commttments by Esamated Costs Beyond Current Fundtng
the Ctty
Castleton/S E Expressway $ 2,550,000
E911 Commumcattons Buddtng $ 5,000,000 or $ 8,000,000
Replacement of Pavthon Theatre $18, 000, 000 to $25,000,000
Skate Park $ 250, 000 to $ 4, 000, 000
Health Informatton Portabthty and Accountabthty Act Esttmates currently undetermtned
Pubhc Safety Issues related to Terrortst Acttvtttes Estimates currently undetermtned
Land acqutsttton near T C C $ 500, 000
Lynnhaven Parkway~264 Interchange $ 614,511
November 6, 2001
-IO-
CITY MANA GER 'S BRIEFING
CHANGE INDICATORS and FLEXIBILITY MEETING CHALLENGES IN UNCERTAIN TIMES
ITEM #48838 (Continued)
Since 1993, the Ctty has recognized member efforts to keep expenses low and tncrease productlvtty through
the gainsharing program, which was funded from a portton of the amount available above the estabhshed
reserve level The gainsharing program recognized savlngs, productivity, creativity and stewardshlp After
eight years, gainsharing no longer produces a slgntficant impact
Monitoring Economic Conditions
Five recessions since late 1960s
Our economy has been tnsulated by slgntficant population growth and
defense spendtng
1990-91 Recession
National recesston
Deployment of mlhtary personnel 45, 000 vs 15, 000
Housing recesston- overbutlt and downstzlng of mlhtary personnel
Leading vs lagging indicators
City staff has selected SlX variables which wtll serve as the prehmlnary indicators of Virginia Beach's
Economy
Real estate supplements; number and value of building permits; new car
registrations; initial unemployment claims, elastic taxes and ship/troop
deployment In addition to these local variables, staff will report on four
national variables U.S. leading indicators, gross domestic product;
consumer expectations; and, interest rates
Economic IndicaWrs
Real Estate Supplements
Supplement/Months Amount
12th Month $118,556,468
1,t 9 months $ 62,597,816
2"a 6 months $ 38, 711,188
3ra 3 months $ 12,236,104
Building Permits: Down 23% through September
New Car Registrations: Down 6.4%from last year, representing the first
decrease in three (3)years.
Initial Unemployment Claims: Up 13. O% for the year, representing the
.first increase in seven years.
General Sales Tax: In negative territory through the first three months
of the fiscal years; this has only occurred twice before in the history of
the City; in both previous time., General Sales finished with a negative
growth rate
Ship/Troop Deployment
1991 - 45, 000 Local troops - 32%
Typical - 15,000
*Military Employment falhng from 141,600 to 109, 049
Level of Concern 35, 000/32%
*Catheryn Whltesell advised these figures had been received from a Military analyst tn the area, but will
be confirmed
November 6, 2001
-ll-
CITYMANAGER'S BRIEFING
CHANGE INDICATORS and FLEXIBILITY MEETING CHALLENGES IN UNCERTAIN TIMES
ITEM #48838 (Continued)
US Indicators
Gross Domesttc Product
Consumer Expectattons
Interest Rates
Short-term tnterest rates are approxtmately 3 7% lower than last
year Thts effects the General Fund's Interest Income
Conclusions/Recommendations
ButM Reserves and Change the Reserve Pohcy from debt level
base to revenue drtven)
Limit Capital Projects and Anticipate Other Issues on the Horizon
Commttted
Land acqutsttton near T C C $ 500, 000
Castleton S E Expressway $ 2, 550, 000
Lynnhaven Pkwy/264 Inter-change $ 614,511
TOTAL $ 3, 664, 511
Recognize Members
Provtde day after Thanksgtvmg and Chrtstmas Eve 2001 as
Hohday leave
Regular Monitoring
Monthly revtew
Monthly update for Ctty Counctl and School Admtntstratton
Robert Matthtas, Asststant to the Ctty Manager advised the State requtres $120-MILLIONtn thts fiscal year
to payfor teacher salary and state employee salary increases The State is looktng toward a $1/2-BILLION
to $1-BILLION shortfall tn thts fiscal year The state ts tn a better posttlon than 1990-1991, as they have
close to SI-BILLION in the "rainy day"fund Up to ~ of the "rainy day"fund can be utthzed in any one
fiscal year, however, only enough of the ratny day fund can be used to make up the dtfference between the
revenue forecast, whtch was 7 2%for the Btenntum tn actual revenues The state can also secure from the
tobacco settlement, whtch ts approxtmately $400-MILLION The Governor has also trted to secure $3.8-
BILLION from FEMA to resolve securtty concerns
Paul Harrts, Management Servtces, advtsed the personal property tax does respond to changes in the
economy rather qutckly and the December assessments are lower than last year
Mr Thompson advtsed all tndtcators wouM be evaluated later thts month and recommendattons made to the
City Manager Informatton relattve the changes tn the general categorws of the sales tax, shall be provtded
Reserve Balances for the past five years shall be provtded The cost of the Category I Hurricane was
approxtmately $7-MILLION, however the Ctty was retmbursed $5-MILLION by the Federal Government
Mayor Oberndorf advtsed htrtng freezes have been lnstttuted by Newport News and Chesapeake
November 6, 2001
- 12-
C I T Y COUNCIL WORKSHOP
MA Y vs NO VEMBER CO UNCILMANIC ELECTIONS
3:48 P.M.
ITEM # 48839
Mayor Oberndorfreferencedactton of the GeneralAssembly tn the 2000 Sesston, whtch wouMallow the Ctty
to change Council elections to November. Correspondence from Senator Stolle and Delegate Sutt has been
forwarded Mayor Oberndorf referenced an E-mad from Judy Connors who was very candtd tn her
opposttton ctttng confuston to the voters havtng to make a selectton tn three races tn ¥ovember Mrs
Connors also stated the voters tn November wouM be less tnformed relattve Ctty tssues There are only
three (3) States whtch hold thetr Ctty Councd electron tn May Dr Marlene Hager, the Ctty Regtstrar,
provtded tnformatton on voter turnout for May vs November tn the last two electron cycles There ts a 100%
increase tn voter turnout from November compared to May The Ctty of Rtchmond moved thetr
Councdmamc electron to November and extended each of the Councd Members terms by' stx months
The Ctty Manager advtsed consohdatton of the electrons wouM save apprommately $55,000 to $70,000.
Costs tnvolvtng changtng the Councilmanic elections to November shall be provtded Informatton relative
the date of local electrons and whether or not these electrons are parttsan re all of the Cttles, towns and
counttes tn Vtrgtma shall be provtded Robert Matthtas, Asststant to the City Manager, advlsed all the local
elections are hem tn May Vtrgtnta Beach ts non-parttsan by Charter A chart relative the vartous electrons
hem tn November wdl be provtded
The Ctty Attorney advtsed the Ctty's electron process ts by petition
Mayor Oberndorf requested Public Comment be recetved on thts tssue durtng the Ctty Council Session of
November 13, 2001, and an Ordtnance scheduled for the City Council Session of November 27, 2001
November 6, 2001
- 13-
AGENDA RE VIEW SESSION
4:05 P.M.
ITEM # 48840
Ordtnance to AMEND Ctty Code Sectton 23-8 2 by prohtbttlng certatn
uses of lmttatton mfecttous btologtcal, toxtc or radtoacttve substances
Commonwealth Attorney Harvey Bryant referenced the proposed Ordtnance to be ADDED to the Ctty
Counctl Sesston Thts Ordtnance wouM asstst tn filhng avotd tn the State and Ctty laws regarding tmltatton
substances There have been several cases where a "powder" has been placed tn an envelope and left at a
place of business or mad box A law does not extst at the present ttme to prosecute these cases There have
been three cases of thts nature to date Stmtlar proposals for thts legtslatton have been presented to Senator
Stolle, Delegate McDonnell and the Crime Commtsston
ITEM # 48841
Ordtnance to APPR OPRIA TE $2,55 O, O00 from fund balance/TRANSFER
$200,000 from CIP #2-076, Laskln Road Gateway to CIP #2-089
Southeastern Parkway and Greenbelt for the purchase of Southeastern
Expressway r-o-w tn the Castleton area
Vtce Mayor Sessoms advtsed thts ttem wtll be ADDED to the Ctty Council Sesston
ITEM # 48842
J1
Ordmance to AUTHORIZE the sale of airspace (GlO] 'S rtght-of-
way) to the Town Center for constructtng underground pthngs
wtth caps at Vtrgtma Beach Boulevard, and, AUTHORIZE the
City Manager to convey thts right-of-way to Town Center
Assoctates, L L C
Counctlman Jones wtll ABSTAIN.
Vice Mayor Sessoms DISCLOSED, pursuant to Sectton 2 2-3112(C), Code of Vtrgtma, he ts an officer of
Wachovta Bank, whtch recently merged wtth Ftrst Union Nattonal Bank, and as a result of the merger ts now
the holder of a constructton loan for Phase I of the Town Centerproject The Ctty Attorney has advtsed that,
pursuant to Vtrgtnta Code 3~ 15 2-2100, a "super majority" of ntne votes ts requtred for thts sale, and
because two other Councd members are required to abstatn from thts vote, hts vote ts essenttal for the
constttuttonal majority requtred by that Code sectton The Clty Attorney has advtsed that because of his sole
interest in thts proposed sale ts by vtrtue of hts employment by a bustness tnvolved tn the proposed sale, and
because hts vote ts essenttal for the constttuttonal majortty requtred by Vtrglnta Code 3~ 15 2-2100, he may
vote, pursuant to Vlrgtnta Code Sectton 2 2-3112(C)
ITEM # 48843
J2
Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural
Reserve Preservatton (ARP) easements and the tssuance of its
contract obhgations
(DISTRICT 7 - PRINCESS ANNE)
a Nancy Wdliamson 39 68 acres $678,528
Installment Purchase Agreement No 2001-41
Council Members Eure, McClanan and }Vtlson wtll vote a VERBAL NAY
November 6, 2001
- 14-
AGENDA RE VIEW SESSION
ITEM # 48844
.]3
Ordtnance to AUTHORIZE the Ctty Manager to execute a
Declaratton of Restrtcttons for West Neck Creek Park re a
conservation easement to be preserved tn tts natural state and
serve as a passive recreation site
Council Lady McClanan wdl vote a VERBAL NAY Councd Lady McClanan agreed wtth the concept of a
recreatton stte, but was concerned relattve allowtng enforcement by the Envtronmental Protectton Agency
and the U S Ftsh and Wddhfe
ITEM # 48845
.]4
Ordtnance to AUTHORIZE the Ctty Manager to enter tnto an
Assignment of and Ftrst Amendment to the Sales Agreement with
Gibson Equtpment Company, Inc and Galloway Corporatton to
acqutre addtttonal property at 19th Street and Btrdneck Road for
the Convention Center expansion
Councd Lady Eure tnqutred what can or cannot be butlt on thts property The Ctty Manager advtsed the only
restrtctton tmposed was on the restdenttal The tntent of purchase wouM be etther for parktng for the
Convention Center or a compattble development t e. theater, office, etc.
lnformatton relative sale of land tn thts area was provtded to Councd Lady McClanan by the Real Estate
Assessor
ITEM # 48846
.]5
Ordtnance to RE-APPROPRIATE $7,510,654 of School
Reversion funds from FY 2000-2001 General Fund balance to
the FY 2001-2002 capttal improvement and operating budgets
for school projects and mstructional purposes
Counctl Lady Eure referenced the fundtng tn the amount of $125,0OO for scanners for schools, is to be
utilized by the admtnistratton to scan the records. The fundtng of $46,654 entads hosttng the Nattonal
Assoctatton of Student Councils ~ASC) Conference at Ocean Lakes Htgh School The return on investment
wtll be constderable.
Council Lady McClanan expressed concern relative $800,000 for the Human Resources Payroll project
(CIP #1.23 7) Victorta Lewis, Chtef Financial Officer - Schools, advtsed thts project wtll probably be on hne
in the Sprmg. The total cost entatled $6.7-MILLION
ITEM # 4884 7
J. 7. Ordtnance to APPROPRIATE $614,511from the General Fund
and TRANSFER $685,489 from various roadway capttal
projects re land acquisition at Potters Road for the Lynnhaven
Parkway Interchange at Great Neck Road, by agreement or
condemnatton
Counctl Lady Eure tnquired relattve replacement of funds from the other projects Catheryn Whttesell,
Director of Resource Management, advtsed the funds for the land acqutsttton are being transferred from
completed projects, whtch no longer requtre fundmg.
November 6, 2001
-15-
AGENDA RE VIEW SESSION
ITEM # 48848
K1. Resolution re the City's COMMUNITY LEGISLATIVE
AGENDA and requesting the Ctty's delegatton sponsor and/or
support thts leglslatton during the 2002 Virgmta General
Assembly
Council Lady Wdson referenced DRAFT legtslatton concerning creattng a revenue source from the State
for replenlshmg the sand on the beaches The Beaches and Waterways Commtssion had requested this
legtslation be mcluded tn the Ctty's Community Leglslattve Agenda Robert Matthtas, Asststant to the Ctty
Manager, dtstrtbuted the proposed legtslatton, whtch wouM entatl $5-MILLION a year from excess
recordation tax revenues and return tojurtsdtctlons which have pubhc beaches The legtslatlon would also
allow any parttcular jurtsdtctton to recetve up to 60% of the funds available tn any gtven year At the
present ttme, the Public Beach Board receives $300,000 to $400,000 per year A locality can receive only
30% of those funds tn any gtven year There is competttion The Open Space plan of the Commonwealth was
also tnterested tn the recordation tax funding source.
Mr Matthtas advtsed the last appropriatton was recetved for the Hurricane Protection project, which
commenced tn 1954 Thts project ts now fully funded This ts a great accomphshment for the Ctty Councd
ITEM # 48849
Counctl Lady Eure wtshed to vote a VERBAL NAY on Addendum - Pubhc Safety Issues, Testing for DUI,
Item B, page 16
Any person qualified to wtthdraw blood for chemtcal testtng shall, at the
dtrectton of any law enforcement officer durtng the course of thetr
investigatton, withdraw the blood of any person whether consctous or
unconsctous for the use of chemical testtng. Procedures for the withdrawal
of the blood will be adhered to as in paragraph A
Council Lady McClanan wtshed to vote a VERBAL NAY on the entire Addendum - Pubhc Safety Issues
ITEM # 48850
BY CONSENSUS, the following shah compose the CONSENTAGENDA:
ORDINANCES
J2. Ordinance to AUTHORIZE the acqutsitton of Agricultural
Reserve Preservatton (ARP) easements and the issuance of tts
contract obhgatlons
(DISTRICT 7 - PRINCESS ANNE)
Nancy WtHtamson 39 68 acres $678,528
Installment Purchase Agreement No 2001-41
J. 3
Ordtnance to AUTHORIZE the Ctty Manager to execute a
Declaratton of Restrtcttons for West Neck Creek Park re a
conservatton easement to be preserved tn its natural state and
serve as a passtve recreation site.
J4
Ordinance to AUTHORIZE the Ctty Manager to enter tnto an
Asstgnment of and Ftrst Amendment to the Sales Agreement wtth
Gtbson Equtpment Company, Inc and Galloway Corporatton to
acqutre addtttonal property at 19th Street and Birdneck Road for
the Convention Center expanston.
J. 5
Ordtnance to RE-APPROPRIATE $7,510,654 of School
Reversion funds from FY 2000-2001 General Fund balance to
the FY 2001-2002 capttal tmprovement and operattng budgets
for school projects and mstructtonal purposes
November 6, 2001
-16-
AGENDA RE VIEW SESSION
ITEM # 48850 (Continued)
d6
Ordinance to ACCEPTandAPPROPRIA TE $2,363,076, a State
construction grant, to the FY 2001-2002 School capital
improvement (CIP) budget for elementary school modernization
projects
J. 7
Ordinance to APPROPRIATE $614,511from the General Fund
and TRANSFER $685,489 from various roadway capital
projects re land acquisition at Potters Road for the Lynnhaven
Parkway Interchange at Great Neck Road, by agreement or
condemnation
Ordinance to APPROPRIATE $250,000 from the Pohce
Forfeited Asset Sharing fund to their FY 2001-2002 operating
budget re the purchase of replacement gas masks and filters for
every officer
RESOLUTIONS
K1
Resolution re the City's COMMUNITY LEGISLATIVE
AGENDA and requesting the City's delegation sponsor and/or
support this legislation during the 2002 Virginia General
Assembly
K2.
Resolution re twenty-five (25) percent reimbursement from the
Commonwealth of Virginia re construction funding for all
ehgtble costs associated with the Correction Center expansion.
K3 Resolution appointing Doris J. Geiger to the position of
Assistant City Attorney effective 16 November 2001
Council Members Eure, McClanan and Wilson will vote a VERBAL NAY on Item d 2 (a)
Council Lady McClanan will vote a VERBAL NAY on Item J 3
On Item K 1. Council Lady Eure will vote a VERBAL NA Yon Addendum - Public Safety Issues, Testing for
DUI, Item B, page 16. Council Lady McClanan will vote a VERBAL NA Y on the entire Addendum- Public
Safety Issues
November 6, 2001
-17-
CITY COUNCIL COMMENTS
4:30 P.M.
ITEM # 48851
Councdman Jones distributed his correspondence relative an Oyster Heritage Program within the
Lynnhaven River Basin The plan ts to create oyster beds providing a mmgatton bank for pubhc and
private projects tn the entire Lynnhaven River Basin Robert Matthtas, Assistant to the City Manager,
advised the staff worked closely with the Virginia Marme Resources Commission, US Army Corps of
Engineers, Department of Environmental Quahty, the Vtrgtma Institute of Marine Science and other natural
resource agencies to identify areas tn the Lynnhaven River mostproducttve for the creation of oyster beds
Two and three dimensional beds couM be created by next Spring using 8.25 acres of the tmttal 15 acres
identified Beyond the initial 15 acres mapped, the staff could, tn concert with the resource agencies, survey
the entire basin to identify additional areas suitable for creatmg oyster beds Under the partnership
envisioned, the City wouldpromde $50,000 for this initial effort These funds are available from the Pubhc
Works Department's mitigation program previously funded by City Council The City's funds wouM be
matchedwtth a mmtmum of $117, O00 from other sources, including the Commonwealth andproperty owners
tn the Lynnhaven River Basin Staff may also pursue funds through the Federal Coastal Zoning Management
program, the U S Corps of Engineers and other voluntary donations Councilman Jones and staffhave been
working closely with the General Assembly delegation
Councd Lady Henley advtsed success of the Elizabeth River project has been due to the parttctpatton of the
businesses and the stakeholders tn that area and inquired whether there ts a similar stakeholder support
group for the Lynnhaven Mr Matthtas advised Councd Lady Wdson has been successful tn obtaining
approximately $2,000 tn private contributions to add to the "2 Cents for Oysters Project" The Vtrgtma
Marine Science Museum has an excellent program
Mr Matthtas advised the short term goal (ten years) ts to create an oyster populatton, so tt naturallyfilters
the Lynnhaven and eventually to a sustainable population which couM be harvestable The staff wouM try
to make sure these beds were on pubhc land Senator Warner ts very interested tn this project
Mayor Oberndorf advised her husband, Captam Roger Oberndorf's Suburban Ktwams has been very
generous relative this project
ITEM # 48852
Councd Lady Wilson requested a Resolution be scheduled for the City Council Session of November 13,
2001, recogmztng Senator John Warner, Senator George Allen and Congressman Edward Schrock the
Virginia Beach Congressional Delegation, expressing appreciation for their conttnued nattonal leadership
and their success tn assisting Virginia Beach city projects
ITEM # 48853
Mr Matthtas advised the entire $9-MILLION ts not required to complete the Hurricane Protection project
tn the Resort area The city wtll attempt to transfer remaining funds to Sandbrtdge There ts presently $2-
$3-MILLlON in federal funding available and approximately $5-MILLION in Sandbridge Special District
Revenue will be available next year Therefore, approximately a $12-MILLION beach replenishment will
be accomphshed tn Sandbrtdge This ts the first time, the Federal Government has participated tn that
project and wtll now have an ownership interest. Hopefully, a three (3) year cycle of nourishment will result
ITEM # 48854
Council Lady McClanan referenced the Cancehng or Rescheduhng of the City Council Session of January
1, 2002 (New Year's Day) There are five (5) Tuesdays tn January The scheduhng will be chscussed durlng
the City Council Session of November 13, 2001
ITEM # 48855
Council Lady Eure referenced the article in the Richmond Times Dispatch "Posted signs are illegal, so rip
'em down" Council Lady Eure requested the City's Media and Communications Department review for
similar promotion and education of the pubhc
November 6, 2001
- 18-
CITY COUNCIL COMMENTS
ITEM it 48857
Mayor Oberndorf expressed apprectatton to Sara Hensley, Dtrector of Parks and Recreatton and her
tncredtble staff Ms Lasalle Blanks, Channel 13 News, contacted Mayor Oberndorf re Vtrgtma Beach
honortng the FEMA team through a softball tournament On October 6th, Parks and Recreatton staff
conducted the Pttchtng for the Pentagon Softball Tournament at Ctty Vtew Park A total of $6,500 was
ratsed for the Rehef Fund through entry fees from 28 teams, t-shtrt sales and a donatton from Ptzza Hut
Mayor Oberndorf lauded Jtmmy Grassano who co-ordtnated the Tournament and solely umptred all etght
(8) games
ITEM it 48858
Mayor Oberndorf suggested all vtstt Betty F. Williams School The Ktds Cafd has just been opened Thts
is a partnershlp between the Ctty of Vtrgtma Beach, Betty F Wdhams School, Boys and Gtrls Club and the
Food Bank Last night, the first celebratory meal was scheduled A young chef from Johnson & Wales
Umverstty (Norfolk College of Cuhnary Arts) cooked the meal Every chtM also took home a can of meat
ravtoh The Prmctpal advtsed the chddren are dropped off at 7 20 P M for dtnner These chddren can now
recetve three (3) nourtshtng meals a day In addltton to being fed, they are tutored and partlclpate tn play
Vtrgtnta Beach ts servtng as the prototype for stmdar developments in Chesapeake and Suffolk
ITEM it 48859
Mayor Oberndorf and Councdman Branch parttctpated thts past weekend tn presentattons and ceremontes
mvolvtng the State Special Olympics betng hem tn the Ctty of Vtrgtnta Beach At the Opemng Ceremony at
Ocean Lakes Htgh School, the Olymptc Torch was ht Ttmothy Thomas - Convention and Vtsttor
Development, recetved many favorable comments concermng hts orgamzattonal abthttes
Mayor Oberndorf advtsed over 700families came to mew the ceremomes and parttctpate
November 6, 2001
-19-
ITEM # 48860
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Ctty Council Conference Room, City Hall Building, on Tuesday, October 9, 2001, at 4 55
PM
Council Members Present
Linwood 0 Branch, III, Margaret L. Eure, Barbara M Henley, Louis
R Jones, Reba S McClanan, Robert C Mandlgo, Jr, Mayor Meyera
E. Oberndorf Nancy K Parker, Vtce Mayor William D Sessoms, Jr.
and Rosemary Wilson
Council Members Absent
William W Harrison, Jr
November 6, 2001
- 20 -
ITEM # 48861
Mayor Meyera E. Oberndorf entertained a motton to permtt City Councd to conduct its CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrginta, as amended, for the followtng purpose
PERSONNEL MATTERS Discussion, constderatton or tntervtews of
prospecttve candtdates for employment, assignment, appotntment,
promotton, performance, demotion, salartes, dtsctphntng, or
resignatton of spectfic pubhc officers, appointees, or employees
pursuant to Sectton 2.1-344 (A) (1)
To Wtt Appointments
Boards and Commtssions'
Chesapeake Bay Preservation Area Board
Communtty Servtces Board
Hampton Roads Economtc Development Alhance
Pendleton ProJect Management Board
Plannmg Commtsston
Prtncess Anne Commons Advisory Commtttee
Sentor Servtces of Southeastern Vtrgtnta
Vtrgtnta Beach Communtty Development Corporatton
Vtrgtnta Beach Foundation
PUBLICLY-HELD PROPERTY' Dtscussion or constderatton of the
acqutsitton of real property for a pubhc purpose, or of the disposttion
of publicly-heM real property, where discusston in an open meettng
would adversely affect the bargatntng posttion or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Acquisttion/Dtsposttton of Property'
Prtncess Anne Distrtct
Voting' 10-0
Counctl Members Voting Aye.
Linwood 0 Branch, III, Margaret L. Eure, Barbara M Henley, Louts
R. Jones, Reba S McClanan, Robert C Mandtgo, Jr., Mayor Meyera
E. Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr
and Rosemary Wdson
Counctl Members Vottng Nay.
None
Counctl Members Absent
Wdham W. Harrtson, Jr
(Time of Closed Session: 4:55 P.M. to 6:00 P.M.)
November 6, 2001
- 21 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 6, 2001
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Budding, on Tuesday, November 6, 2001, at 6:00 P M.
Council Members Present:
Llnwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis
R. Jones, Reba S. McClanan, Robert C. Mandigo, dr ,Mayor Meyera
E. Oberndorf, Nancy IC Parker, Vice Mayor Williams D. Sessoms, dr.
and Rosemary Wilson
Council Members Absent'
William W Harrison, Jr
[Out of City relattve Legal Appointments]
INVOCATION.
Reverend Gretchen O.S. Nelson.
Beech Grove and Bethel United Methodist Churches
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
November 6, 2001
Item
- 22 -
CER TIFICA TION OF
CLOSED SESSION
ITEM # 4886;2
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meettng
requirements by Virginta law were dtscussed tn Closed Session to whtch
thts certification resolution applies;
AND,
Only such public bustness matters as were identtfied tn the motton
conventng the Closed Session were heard, discussed or constdered by
Virginia Beach City Counctl.
Voting: 9-0
Councd Members Voting Aye'
Margaret L. Eure, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Robert C Mandigo, Jr.,Mayor Meyera E. Oberndorf Nancy K Parker,
Vice Mayor Williams D. Sessoms, dr. and Rosemary Wtlson
Council Members Voting Nay'
None
Council Members Absent:
Linwood O. Branch, III, and Wtlham W. Harrison, Jr
November 6, 2001
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM It 48861, page 20, 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 Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
City Clerk
November 6, 2001
- 23 -
Item VI-F. 1.
MINUTES
ITEM # 48863
Upon motion by Vice Mayor Sessoms, seconded by Councilman Mandigo, City Council APPROVED,
the Minutes of the INFORMAL AND FORMAL SESSIONS of October 23, 2001.
Voting: 9-0
Council Members Voting Aye.
Margaret L Eure, Barbara M.. Henley, Louis R. Jones Reba $. McClanan,
Robert C Mandigo, Jr,Mayor Meyera E Oberndorf, Nancy K Parker,
Vice Mayor Williams D. Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay:
None
Counctl Members Absent.
Linwood 0 Branch, III, and William W. Harrison, Jr.
November 6, 2001
Item FI-G. 1.
- 24 -
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 48864
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following items were ADDED:
Ordinance to AMEND City Code Section 23-8 2 by prohibtting certam
uses of imitation infectious biologtcal, toxic or radioactive substances
Ordinance to APPROPRIATE $2,550, O00 from fund balance/TRANSFER
$200,000 from CIP #2-076, Laskm Road Gateway to CIP #2-089,
Southeastern Parkway and Greenbelt for the purchase of Southeastern
Expressway r-o-w in the Castleton area..
November 6, 2001
- 25 -
Item VI-G.2.
INTR OD UCED
ITEM # 48865
Mayor Meyera E. Oberndorf welcomed the new Commanding Officer and hts family.
Captain Cary A. Silvers, USN
Commanding Officer
Naval Air Station Oceana:
Captain Stlvers was accompanted by his wtfe and daughter, Brtttany
November 6, 2001
- 26-
Item VI-G.3.
PRESENTATIONS
ITEM # 48866
Mayor Oberndorf recognized the following Boy Scouts in attendance to earn their Cttizenship tn the
Community Merit Badge.
BOY SCOUTS
TROOP 791
NIMMO UNITED ME THODIS T CHUR CH
Lieutenant Colonel Raymond J. Leech
Scout Master
Lieutenant Commander George Scheel
Scout Master
November 6, 2001
-27-
Item VI-H. 1.
PUBLIC HEARING
ITEM # 48867
Mayor Oberndorf DECLARED A PUBLIC HEARING:
AIRSPA CE
Town Center Underground Construction
The following registered to speak.
Barbara Messner, Post Office Box 514, Phone: 422-1902
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 6, 2001
- 28 -
Item VI-H.2.
PUBLIC HEARING
ITEM # 48868
Mayor Oberndorf DECLARED A PUBLIC HEARING:
AGRICULTURAL RESERVE PROGRAM (ARP) - (DISTRICT 7- PRINCESS ANNE)
(a) 39. 68 acres - 2060 Prtncess Anne Road
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 6, 2001
Item VI-I.
- 29 -
ITEM tt 48869
STAFF PRESENTA TION AND PUBLIC COMMENT
Captain Greg Mullen -Virginta Beach Police Department, advised facial recognition technology is part
of an emerging technology known as biometrtcs, which utihzes a person's physical charactertsttcs or
personal tratts for human recognitton. Facial recognttion uses captured images to produce a face prtnt
whtch is tnstantly searched, as a computer data base generates the numbers to determine if there is a match
The Vtrgtnta Beach Police Department has been awarded a State grant for $150,000 to add facial
recognition technology to the existing camera system in place at the Second Prectnct. The Police
Department is requesting $50, O00 from the City as a match
The following registered in SUPPOR T:
Cornell Fuller, 5388 Angus Drive 23464, Phone: 479-4008
Harvey Eluto, Coordinator - Citizens Advisory Board for VA Police Dept., 5264 Lowery Downs
23464, Phone' 495-1666
Mary Pat Fortier, Executtve Director - Hotel and Motel Association, 9685 Oriole Drive - #100
23451, Phone. 428-8015
Paul Harrington, 3128 Barbour Drive 23456, Phone' 430-7468
Fran Laskey, 3576 Stormbird Loop 23456, Phone: 368-9965
John Van Huyck, 3806 Surry Road 23455, Phone' 363-0939
Linda Whitt, 805 Giles Court 23456, Phone. 468-2086
Carolyn Lincoln, Prestdent- Counctl of Ctvic Organtzations
The following registered in OPPOSITION:
Barbara Messner, Post Office Box 514 23451, Phone' 422-1902
George Amberman 921 Eastern Shore Road 23454, Phone. 428-8585
Jan Bauder, 1500 Brendle Court 23451
Diane DeBoe, 2608 Cove Pomt Place, Phone. 463-1665
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 6, 2001
- 30-
Item VI-J.
ORDINANCES/RESOL UTIONS
ITEM # 488 70
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Counctl APPROVED IN ONE
MOTION, Ordtnances 2, 3, 4, 5, 6, 7, 8 and Resolutions 1, 2, 3 of the CONSENTAGENDA.
Voting: 10-0 (By ConsenO
Councd Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louts R.
Jones, Reba S. McClanan, Robert C. Man&go, Jr., Mayor Meyera E
Oberndorf Nancy IC Parker, Vice Mayor Wdham D Sessoms, Jr and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent.
Wdliam W. Harrison, Jr
Council Members Eure, McClanan and Wdson voted a VERBAL NAY on Item 2a
Council Lady McClanan voted a VERBAL NAY on Item 3
November 6, 2001
Item VI-J. 1.
-31 -
ORDINANCES/RESOL UTIONS
ITEM # 48871
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AUTHORIZE the sale of airspace (Ctty's right-of-way) to
the Town Center for constructtng underground pihngs wtth caps at
Vtrginia Beach Boulevard; and, AUTHORIZE the City Manager to convey
thts rtght-of-way to Town Center Associates, £.L.C.
Votmg. 9-0 (By ConsenO
Council Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L. Eure, Barbara M. Henley, Reba S.
McClanan, Robert C Mandigo, Jr, Mayor Meyera E Oberndorf Nancy
K~ Parker, Vice Mayor William D. Sessoms, Jr and Rosemary Wdson
Council Members Vottng Nay:
None
Council Members Abstaining:
Louts I?, Jones
Council Members Absent'
Wilham W. Harrison, Jr.
Vice Mayor Sessoms DISCLOSED pursuant to Section 2.2-3112(C), Code of Virginia, he is an officer of
Wachovta Bank, which recently merged with First Union National Bank, and as a result of the merger ts now
the holder ora construction loan for phase I of the Town Center project. The City Attorney has advtsed that,
pursuant to Virgmia Code ~ 15.2-2100, a "super majority" of nine votes is required for this sale, and
because two other Council members are required to abstatn from this vote, hts vote ts essential for the
constttuttonal majortty requtred by that Code section. The Ctty Attorney has advtsed that because of hts sole
interest in this proposed sale is by virtue of his employment by a business involved tn the proposed sale, and
because his vote is essential for the constitutional majority required by Virginta Code 3~ 15.2-2100, he may
vote, pursuant to Virgtnia Code Sectton 2.2-3112(C)
Councilman Jones ABSTAINED on Item H. 1 (Town Center) as he is a Stockholder and Member of the
Board of Dtrectors of Resource Bank On June 28, 2001, he became aware that Resource Bank had extended
hnes of credtt directly or tndtrectly to Armada Hoffler. Counctlman Jones letter of August 23, 2001, is
hereby made a part of the record
November 6, 2001
AN ORDINANCE AUTHORIZING THE SALE
OF AIRSPACE UNDER THE CITY'S RIGHT-OF-WAY
FOR VIRGINIA BEACH BOULEVARD AT THE TOWN CENTER PROJECT
AND AUTHORIZING THE CITY MANAGER TO CONVEY
SAME TO TOWN CENTER ASSOCIATES, L.L.C
WHEREAS, the City of Virginia Beach is the owner of a portion of the property and right-of-
2 way known as Virginia Beach Boulevard;
WHEREAS, Town Center Associates, L.L C. owns property adjacent to V~rgima Beach
4 Boulevard and desires and has offered to purchase and acquire airspace under the right-of-way of
5 Vlrglma Beach Boulevard at the Town Center for placement and maintenance of support pilings and
pile caps for the garage, hotel and office towers bmng constructed by Town Center Associates,
7 L L.C. on its property adjacent to Virg~ma Beach Boulevard;
WHEREAS, Section 15.2-2030 of the Code of Virglma (1950), as amended, expressly
9 authorizes the City Council to sell mrspace under any public street, lane, alley or other public right-
of-way; and
11
WHEREAS, the C~ty Council ~s of the op~mon that ~t is appropriate and not contrary to the
12 rights and interests of the City of V~rg~ma Beach in V~rg~ma Beach Boulevard to sell the requested
13 airspace under Virginia Beach Boulevard to Town Center Associates, L.L.C. to accommodate the
14 pilings and pale caps for the foundation for the garage, hotel and office tower being constructed by
15 Town Center Associates, L.L.C.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
1. That the following described areas of airspace under V~rgima Beach Boulevard be sold
19 to Town Center Associates, L.L.C. and that the C,ty Manager is authorized to convey said airspace
2 0 to Town Center Associates, L.L.C. for a purchase price of $1,500 in the manner he deems ~n the best
21 ~nterest of the C,ty of Virgima Beach 0nclu&ng, but not hmlted to reserving any easements he
2 2 deems necessary) and w~th the approval of the City Attorney:
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ALL THOSE certmn areas of mrspace of land lying under the right-of-way
of V~rg~ma Beach Boulevard, situate ~n the City of Vlrg~ma Beach, Virginia,
and being depicted and designated as "AREA I", "AREA II" and "AREA III"
as shown on that certmn plat entitled "EXHIBIT 'A' SHOWING AIR
SPACES TO BE ACQUIRED FROM THE CITY OF VIRGINIA BEACH
AT THE TOWN CENTER BENEATH VIRGINIA BEACH BOULEVARD
(MB 286, PG 73) VIRGINIA BEACH, VIRGINIA SEPTEMBER 18, 2001 ".
2. Should the construction of any bmldmg or structure in such airspace require the
3 2 relocation of any utility, the cost of such relocation shall be borne solely by Town Center Associates,
33 LL.C.
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This Ordinance shall be effective fi.om the date of ~ts adoption.
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Adopted by the Council of the City of V~rginia Beach, Virgima, on the 6 ~-_h day of
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November .,2001.
3 7 CA-8262
3 8 PREPARED: 10/09/01
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THE AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL MEMBERS OF THE CITY
COUNCIL IS REQUIRED.
41 Approved as to Content
Approved as to Legal Sufficiency
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ent of Public Works
Office of Real Estate
City Attomey /~
4 5 F \Data~TY~onns\Commerc~al Projects\Town Center\towncenter ordl wpd
3AI~IO NOli n.I. LI. S NO,3
II
i~o , ~o
OAlfl
VIRGINIA STATE PLANE COORDINAIES ~ ~
NAD 83/86 (SOUTH ZOne)
VIRGINIA STATE PLANE COORDINATES
NAO 83/86 (5OUTH ZONE)
City of Virginia t3each
WILLIAM O SESSOMS JR
VICE MAYOR
(757) 473-3926
FAX (757) 426-5669
November 6, 2001
4506 ATLANTIC AVENUE
VIRGINIA BEACH VA 23451
Mrs. Ruth Hodges Sm]th, MMC
City Clerk
Mummpal Center
Virginia Beach, V]rg]ma 23456
Dear Mrs. Sm]th'
Re Disclosure Pursuant to Section 2 2-3112(C), Code of V~rgln]a
Pursuant to the V]rg]ma Conflict of Interests Act, Section 2 2-3112(C), Code of V~rg]ma, I
make the following declaration.
The transact]on for which I am executing this written disclosure ~s the Council's
discussion of, and vote on, the sale of mrspace under the City's right-of-way at the
Town Center to Town Center Associates, L L C
The nature of my personal interest is that I am an officer of Wachov]a Bank, which
recently merged with F~rst Un]on National Bank and, as a result of the merger, ~s now
the holder ora construct]on loan for Phase I of the Town Center project
The City Attorney has advised me that, pursuant to V]rg]ma Code § 15 2-2100, a
"supermajor]ty" of rune votes Is reqmred for th~s sale, and because two other Councd
members are reqmred to abstmn from this vote, my vote ~s essential for to the
constitutional majority reqmred by that Code section The C~ty Attorney has fi]rther
admsed me that because my sole ~nterest ~n this proposed sale ~s by virtue of my
employment by a bus~ness involved in the proposed sale, and because my vote ~s
essential for the constitutional majonty reqmred by Vlrglma Code § 15 2-2100, I may
vote, pursuant to V]rg~ma Code § 2 2-3112(C)
Mrs. Ruth Hodges Smith -2- November 6, 2001
Re: D~sclosure Pursuant to Section 2 2-3112(C), Code of V~rg~ma
Accordingly, I respectfully request that you record this declaration in the official records of
C~ty Councd.
Thank you for your assistance and cooperation ~n th~s matter
Sincerely,
/
Wllham D Sessoms, Jr
V~ce-Mayor
WDS/RRI
- 32 -
Item VI-J.2.
ORDINANCES/RESOL UTIONS
ITEM # 488 72
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ~4DOPTED:
Ordtnance to AUTHORIZE the acqmsttton of Agrtcultural Reserve
Preservatton (ARP) easements and the tssuance of tts contract obhgattons
(DISTRICT 7 - PRINCESS ANNE)
Nancy Wtlhamson 39 68 acres $678,528
Installment Purchase Agreement No 2001-41
Vottng 7-3 (By Consen0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce
Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
Margaret L Eure, Reba S McClanan and Rosemary Wtlson
Counctl Members Absent
Wtlham W Harrtson, dr
November 6, 2001
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $678,528
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment. Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$678,528; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agulcultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
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delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 5.00%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 7.00% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The Cmty Council hereby further determines that
funding is avazlable for the acquisition of the Development
R~ghts pursuant to the Installment Purchase Agreement on the
terms and condmtions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not matermally
alter the purchase prmce or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to ~ssue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
66 constitutes the indebtedness a contractual obligation bearing
67
the full faith and credit of the City.
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Adopted by the Council of the City of Vmrglnla Beach,
Virginia, on this 6th day of N~v~mh~r , 2001.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-8271
wmmkwilliamsonorn.wpd
R-1
October 3, 2001
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APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL
SUFFICIENCY'
La~ ~epartmen~
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CE~IED AS TO AVAILABILITY OF FUNDS'
D1 rk~ect~~~a~-~
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2001-41
SUMMARY OF MATERIAL TERMS
SELLER: Nancy Wilhamson
PROPERTY LOCATION: 2060 Pnncess Anne Road
PURCHASE PRICE: $678,528
EASEMENT AREA: 39 68 acres, more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelhng building s~tes (4 acqmred)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U S Treasury STRIPS acquired by City to fund purchase
price, but not less than 5.00% (actual rate to be determined when STRIPS are purchased prior to
execution of IPA). Rate may not exceed 7 00% without approval of City Council
TERMS: Interest only twice per year for 25 years, w~th payment ofpnnclpal due 25 years from
IPA date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA
P Boundary Line
Under
Consideration
Williamson
Ha~e~s P~oper~
Hill Property
Sand
Sand P~ts
Property
Sand P%ts
Hansen Property
\MATKINSO~RP\pnncessanne dgn 11/01/2001 12 20 58 PM Will~amson ARP, Scale 1"=1350'
- 33 -
Item VI-J.3.
ORDINANCES/RESOL UTIONS
ITEM # 488 73
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute a Declaration of
Restrwtions for West Neck Creek Park re a conservation easement to be
preserved in its natural state and serve as a passive recreation site.
Voting 9-1 (By ConsenO
Council Members Voting Aye'
Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R.
Jones, Robert C. Mandigo, Jr., Mayor Meyera E Oberndorf Nancy K
Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson
Council Members Voting Nay'
Reba $. McClanan
Council Members Absent:
William W. Harrison, Jr.
November 6, 2001
AN ORDINANCE AUTHORIZING
THE CITY MANAGER TO EXECUTE
A DECLARATION OF RESTRICTIONS FOR
WEST NECK CREEK PARK
WHEREAS, the City of Virginia Beach (the "City") acquired ownership of a certain
parcel of real property containing approximately 175.488 acres, located off North Landing
Road in the City of Virginia Beach, Virginia (the "Property") by deed recorded in Deed
Book 2764, at page 2102,
WHEREAS, the Property has been identified by City staff for passive recreational
improvements such as trails, overlooks and wildlife management structures (the
? "Improvements") in accordance with a master plan for the Property and adjacent property,
8 also owned by the City;
WHEREAS, a permit from the United States Army Corps of Engineers (the "Corps") is
10 required to ~nstall the Improvements since they affect small areas on the Property
designated as jurisdictional wetlands,
12
WHEREAS, in addition to the required permit, mitigation of wetlands removed, filled or
13
lA
disturbed by the installation of the Improvements is also required;
WHEREAS, the Corps has determined that no mitigation will be required if a portion of
the environmentally sensitive areas on the Property is preserved for conservation of natural
lands;
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WHEREAS, City staff has recommended that approximately 138 acres of the Property,
as shown on Exhibit "A" attached hereto, be preserved in a natural state, in perpetuity,
through a Declaration of Restrictions to be recorded in the Office of the Clerk of the Circuit
Court; and
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WHEREAS, City Council ~s of the opinion that the preservation of 138 acres of the
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Property to be known as West Neck Creek Park is in the best interest of the City in that
the park wdl serve as a passive recreabon site for all citizens and visitors to the City of
Virginia Beach, and ~s in keeping with the C~ty's vision of creating a "Community for a
25 Lifetime".
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
2 ? VIRGINIA BEACH, VIRGINIA:
That the C~ty Manager is authorized to execute a Declaration of Restrictions for
29
the portion of the Property containing approximately 138 acres to be known as West
30
Neck Creek Park ~n accordance with the Summary of Terms attached hereto with
31
the final wording thereof to be satisfactory to the C~ty Attorney.
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This ordinance shall be effective from the date of ~ts adoption.
34 Adopted by the Council of the C~ty of Virginia Beach, V~rg~n~a, on the 6th day of
35 Nov,:,mhP_r , 2001.
CA- 8263
PREPARED. 10/16/01
3 8 Approved as to Content Approved as to Legal
Sufficiency
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City Attorne~J
EXHIBIT "A"
WEST NECK CREEK PARK
PROPOSED CONSERVATION EASEMENT AREA
No Scale
, 7
1'38 Ac~e Conservation Easement Area
PERMI~ED USES' Bo,r~w, lks'foot
Obse~at~on decks plcnlctables & ~ - 1
chdflmn'splayground equ~pmeffi , ,
NOT PERMI~ED Bu,ld,n~l~ob,le ' /
homes, use of f~rh~rs o; blo~e~
emova~ orlrees [except for budding
,foot ttmls~- -
w,,t~~~<~,~ ...... , ~ I ~est'Neck Creek P~k
~, , ~ ~- .... ~ ~o~aT~on Ease~T~lan
EX'"~T~q~
PROPOSED &&SC2 ~/
OCATION
MA
PROJECT
LOCATION
NTS
NORTH
I
SUMMARY OF TERMS
FOR
DECLARATION OF RESTRICTION FOR WEST NECK CREEK PARK
OWNER:
PROPERTY:
PURPOSE:
City of Virginia Beach
138 acres of land to be known as West Neck Creek Park
To preserve the property in its natural state, in perpetuity
CITY'S RESPONSIBILITY:
To prohibit wetlands destruction or alteration, building construction, addition of fill
material, excavation, dredging, cultivation, pruning of trees, harvesting or land
clearing, and dumping of garbage or other offensive materials on the property.
ALLOWED USES:
Construction of structures such as boardwalks, foot trails, wildlife management
structures, observation decks, picnic tables and children's playground equipment.
SPECIAL PROVISION:
The restrictive covenants may be enforced by the U.S. Army Corps of Engineers, the
EPA, the U.S. Fish and Wildlife Service or any non-profit corporation or entity
whose primary purpose is environmental protection or preservation.
F \USERS~KFUDALAXADMINSwestneckpark sum terms wpd
Item VI=J.4.
- 34 -
O~ INANCES/RES OL U TIONS
ITEM # 488 74
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to enter into an Asstgnment
of and Ftrst Amendment to the Sales Agreement with Gtbson Equtpment
Company, Inc. and Galloway Corporation to acquire additional property
at 19'n Street and Birdneck Road. for the Convention Center expansion.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis tL
Jones, Reba S. McClanan, Robert C. Mandigo, dr.,Mayor Meyera E
Oberndorf, Nancy ~ Parker, Vice Mayor Wtlhams D. Sessoms, dr. and
Rosemary Wilson
Council Members Voting Nay'
None
Councd Members Absent:
William W. Harrison, Jr
November 6, 2001
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER
INTO AN ASSIGNMENT OF AND FIRST
AMENDMENT TO SALES AGREEMENT WITH
GIBSON EQUIPMENT COMPANY, INC., AS
SELLER, AND GALLOWAY CORPORATION, AS
ASSIGNOR, FOR ACQUISITION OF REAL
PROPERTY LOCATED AT 19TM STREET AND
BIRDNECK ROAD AND TO UTILIZE FUNDS
IN CIP PROJECT # 9-018 FOR SUCH
ACQUISITION.
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WHEREAS, the existing Pavilion Convention Center has
exceeded original activity and revenue projections and lacks
adequate facilities to maintain or expand its convention and trade
show market share;
WHEREAS, the City Council has determined it in the best
interest of the City to demolish the existing Pavilion Convention
Center and to construct a new, expanded convention center in its
place;
WHEREAS, Gibson Equipment Company, Inc. ("Gibson") owns
approximately 11.75 acres of strategically located unimproved real
property at the southeast corner of the intersection of 19th Street
and Birdneck Road (the "Gibson Property")that may be needed for the
expansion of the existing Pavilion Convention Center;
WHEREAS, Gibson and Galloway Corporation ("Galloway") are
parties to a Sales Agreement dated March 21, 2001 (the "Gibson
Contract") pursuant to which Gibson has agreed to sell the Gibson
Property to Galloway on certain terms and conditions;
WHEREAS, Gibson and Galloway have agreed to amend the
Gibson Contract to, among other things, substitute the City for
Galloway as the contract purchaser; and
WHEREAS, the City Council has determined the purchase of
the Gibson Property to be in the best interest of the City;
WHEREAS, the funds needed for the purchase of the Gibson
Property are available in the Convention Center Replacement Capital
Improvement Project # 9-018.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
1. The City Manager or his designee is hereby authorized
to enter into an Assignment of and First Amendment to Sales
Agreement among Gibson Equipment Company, Inc., Galloway
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Corporation, NAI Harvey Lindsey and the City pursuant to which the
City shall become the contract purchaser for the purchase of
approximately 11.75 acres of unimproved real property located at
the southeast corner of 19~' Street and Birdneck Road (the
"Property"), with such agreement to be in form and substance
satisfactory to the City Manager and the City Attorney, including
the essential terms outlined in the Summary of Basic Terms of Sales
Agreement attached hereto.
2. It is hereby authorized that all expenditures
incurred by the City in connection with its acquisition of the
Property be charged to Capital Project #9-018.
Adopted the 6th day of Nov. , 2001, by the Council of the
City of Virginia Beach, Virginia.
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APPROVED AS TO CONTENT
Management S
APPROVED AS TO CONTENT:
p~l i C~W~o r k~s/R~ea~%~s~ at e
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney's Office
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CA-8269
F:\Data\ATY\Ordin\NONCODE\gibson-galloway.ord.wpd
October 30, 2001
Ri
SUMMARY OF BASIC TERMS
OF SALES AGREEMENT
SELLER:
Gibson Equipment Company, Inc.
BUYER/ASSIGNOR:
Galloway Corporation
BUYER/ASSIGNEE:
City of Virginia Beach
PROPERTY:
+ 11.75 acres of unimproved real property at southeast
comer of 19th Street and Blrdneck Road
DEPOSIT: $25,000.00
PURCHASE PRICE:
Approximately $3,535,000* ($280,000 per acre paid to
Seller; $20,000 per acre assignment fee paid to Assignor)
DUE DILIGENCE
PERIOD:
Expires November 21,2001
CLOSING DATE:
Anticipated December, 2001, contingent on property
subdivision
BROKER:
NAI Harvey Llndsay
* Actual acreage could vary slightly from the 11 75 + acre figure upon completion of the
subdivision of the property which is scheduled to be done prior to settlement This would change
the total cost of the purchase price and assignment fee accordingly.
F \Data~TY\Ord~n\NONCODE\g~bson sum wpd
Item VI-J.$.
- 35 -
ORDINANCES/RESOL UTIONS
ITEM # 48875
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to RE-APPR OPRIA TE $ 7, 51 O, 654 of School Reversion funds
from FY 2000-2001 General Fund balance to the FY 2001-2002 capital
improvement and operating budgets for school projects and instructional
purposes
Voting' 10-0 (By ConsenO
Councd Members Vottng Aye
Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Robert C. Mandtgo, Jr.,Mayor Meyera E.
Oberndorf, Nancy IC Parker, Vice Mayor Wdliams D. Sessoms, Jr. and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Wdliam W. Harrtson, Jr.
November 6, 2001
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AN ORDINANCE TO RE-APPROPRIATE
$7,510, 654 IN VIRGINIA BEACH SCHOOL
REVERSION FUNDS FROM FUND BALANCE
IN THE GENERAL FUND, WITH
$6,070,000 APPROPRIATED TO VARIOUS
SCHOOL PROJECTS IN THE FY 2001-02
CAP I TAL IMPROVEMENT BUDGET AND
$1, 440, 654 APPROPRIATED TO THE
INSTRUCTIONAL CATEGORY IN THE FY
SCHOOL 2001-02 OPERATING BUDGET
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WHEREAS, of a total amount of $8,110, 654 in FY 2000-01
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Virglnma Beach Public School reversion funds, $7,510,654 have not
been appropriated;
WHEREAS, by resolution dated September 25, 2001, the
15 School Board formally requested the C~ty Council to approve the
16 appropriation of school reversmon funds to the FY 2001-02 Capital
17 Improvement Budget and the School Operating Budget.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA'
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1. That $6,070,000 of Virginia Beach Public School
22 Reversion funds from FY 2000-01 are hereby appropriated from fund
23 balance in the General Fund to the FY 2001-02 Capital Budget in
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the amounts and to the projects as set forth below:
(a) $2,000,000 to the Instructional Technology fund in
CIP# 1-196, Instructional Technology;
(b) $800,000 to CIP# 1-237, City/School Human Resources
Payroll System;
(c) $500,000 to CIP# 1-011, Equipment and Vehicle
Replacements, to replace fleet and school plant
vehicles;
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(d) $520,000 to CIP# 1-011, Equipment and Vehicle
Replacements, for telephone replacements;
(e) $500,000 to CIP# 1-011, Equipment and Vehicle
replacements, to replace the 800 megahertz system in
the transportation division;
(f) $500,000 to CIP# 1-046, Landstown High School, for
a funding reserve pending a study of a pedestrian
transport between Landstown H~gh School and the
Advanced Technical Center;
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(g) $350,000 to CIP# 1-196, Instructional Technology,
for a data center;
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(h) $350,000 to CIP# 1-011, Equipment and Vehicle
Replacements, for Motorola Fault Management System
units in the elementary schools;
(i) $275,000 to CIP# 1-195,Student Data Management
System;
(j) $125,000 to CIP# 1-196, Instructional Technology,
scanners for digital imaging pro]ect; and
(k) $150,000 to CIP# 1-196, Instructional Technology,
to replace and upgrade technology infrastructure in
middle schools.
2. That $1,440, 654 of Virginia Beach Pub-ic School
Reversion Funds from FY 2000-01 are hereby appropriated from fund
balance in the General Fund to the FY 2001-02 Schools Operating
Budget in the amounts and to the Instructional category as set
forth below'
(a) $1,394,000 to the Instruction category for 82
schools for instructional supplies; and
(b) $46,654 to the Instruction category for the
National Association of Student Councils (NASC)
Conference.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6th day of Nov~mb~r , 2001.
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Requires an affirmative vote by a majority of the
members of City Council.
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CA8285
Ordln~NONCODE~SchoolsRev02ord.wpd
October 24, 2001
Ri
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74 Approved as to Content'
75 ~,~
77 Management S
Approved as to Legal
Sufficiency'
City Attorni ' s~Cf~f~
IRGINIA BEACH
CITY PUBLIC
SCHOOLS
AHEAD OF THE CURVE
RESOLUTION REGARDING FY 2001 REVERSION FUNDS
WHEREAS, On September 4, 2001 the School Board was pre~ented w~th a summary financial statement
indicating the un-audited reversion for FY 2001 to be $8,110,654. and
WI-'I~REAS~ the C~ty Council appropriated $ 600,000 of the projected reversion to the Kmgs Grant CtP
project at the request of the School Board, and
~VHEREAS~ $ 7,510,654 of the reversion remains to be re-appropriated to the School Board m keeping
w~th past pracuce of the C~ty Council, and
WI-I~REAS~ the Adm~mstranon recommends the following uses for the reversion funds
· $ 2,000,000 to meet the d~vtston's commttment to the mstructtonal computer replacement cycle to be
approprmted to the Instrucuonal Technt:~ogy Fund
· $ 1,394,000 to provide funds for allocation to the 82 schools to be appropriated to the Operatmg Budget
tn the Instrucuon category
· $ 800,000 addiuonal funding for the Human Resource Payroll project
· $ 500,000 for the replacement of fleet and school plant vehtcles
· $ 520,000 for telephone replacements
· $ 500,000 to replace the 800 megaghertz system tn Transportanon
· $ 500,000 as a funding reserve pending a study of a pedestrian transport between Landstown H~gh Schoo
and the Advanced Technical Center
· $ 350,000 for the Data Center
· $ 350,000 to put MOSCAD units m the Elementary Schools
· $ 275,000 for the Student Database System (SASI)
· $ 125,000 to purchase scanners for schools as part of the digital imaging project
· $ 150,000 to replace/upgrade technology infrastructure ~n the M~ddle Schools
· $ 45,000 for the NASC Conference; now, therefore, be ~t
RESOLVED: That the Board approves and affirms the recommended uses of the FY 00/01 reversion
funds as presented by the Administration; and be ~t further
RESOLVED: That a copy of this resoluuon be spread across the official minutes of this Board, and the
Clerk of the Board is d~rected to dehver a copy of this resoluuon to the Mayor, each member of City
Council, the C~ty Manager, and the City Clerk:.
Adopted by the School Board of the Ctty of Virg~ma Beach this 25'~ day of September 2001
S E A L "D"a~ie~ b E~twards, Chait~rnan
Attest:
Dianne P Alexander, Clerk of the Board
CERTIFIED TO BE A TRUE '
AND CORRECT COPY
· /~. , . ,x,.'.-, ..'.
City (3f Virginia B4tid~' ~,, ~'~'~.~'~,,,~;,-'.~",'*,"< ,',
School Adrnm~straaon Budding ° 2512 George Mason Drive ° P. O Box 6038 ° Virginia Beach, VA 23456-0038
IRGINIA BEACH
CITY PUBLIC
SCHOOLS
AHEAD OF THE CURVE
RESOLUTION REGARDING FY 2001 & 2002 STATE CONSTRUCTION GRANTS
WItEREAS, X,.'~rginla Beach Ctty Public Schools rccet~cd an additional $5.84o tn 1:5' 2000,2001 State
Constructton Grants. and
WHEI~EAS, Virginia Beach Ctty Public Schools ~s expected to rece~,e $2.357,230 in FY 2001/2002 State
Construction Grant Funds, and
WIIEREAS, these funda were not ~ncluded in tile funding sources in tile Capital Improvement Pro.am tbr FY
2001/2002, and
WHEREAS, the cost esttmates for certain modernization projects included In the FY 2001/2002 CIP Program are
expected to exceed the estimated project budget, and
WHEREAS, the Administration recommends that $5,846 tn FY 2000/2001 State Construcnon Grant Funds be
unhzed tbr CIP Project I-124 Trantwood Elementary Modermzanon, and
WHE~AS, the Admimstrat~on recommends that $2,357,230 ~n FY 2001/2002 State Constmcuon Grant Funds
be unhzed for the following projects.
· $250,000 for ClP 1-001 Renovations and Replacements - Energy Management (K~ng's Grant)
· $553,615 for CIP 1-222 Pembroke Elementary Modem~zatmn
· $500,000 for CIP 1-223 Lynnhaven Elementary Modem~zauon
· $553,615 for CIP 1-224 Trantwood Elementary Modermzauon
· $500,000 for CIP 1-225 Hermitage Elementary Modem~zatmn
Now, therefore, be tt
RESOLVED: That the School Board approves and affirms the recommended uses of the State Construction Grant
Funds; and be ~t further
RESOLVED: That a copy of tNs resolunon be spread across the official m~nutes of th~s Board, and the Clerk of
the Board ~s &rected to dehver a copy of tNs resolutmn to the Mayor, each member of Ctty Council, the C~ty
Manager, and the City. Clerk
Adopted by the School Board of the C~ty of V~rg~ma Beach tNs 25* day of September 2001
Darnel D Edwards, Chatrman
CERTIFIED TO BE A TRUE
SEAL
Attest
.AND CORRECT COPY
Clerk, School Boat~l of ~'
Oily ol V~'glnla
S, lDjqrm¢ P. Alexander, Clerk of the Board
cnoo~ aam~mstrat~on Budding * 2512 George Ha.son Drive * P O Box 6038 * Virginia Beach, VA 23456-0038
- 36-
Item VI-J. 6.
ORDINANCES/RES OL UTIONS
ITEM # 488 76
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $2,363,076, a State
construction grant, to the FY2001-2002 School capttal improvement (CIP)
budget for elementary school modernization projects
Voting' 10-0 (By ConsenO
Council Members Voting Aye
Linwood 0 Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R
Jones, Reba S McClanan, Robert C. Mandigo, Jr ,Mayor Meyera E.
Oberndorf, Nancy t(. Parker, Vice Mayor Williams D. Sessoms, Jr and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr
November 6, 2001
AN ORDINANCE TO ACCEPT AND
APPROPRIATE STATE CONSTRUCTION
GRANT FUNDS IN THE AMOUNT OF
$2,363,076 TO THE FY 2001-02
CAPITAL IMPROVEMENT BUDGET FOR
VARIOUS ELEMENTARY SCHOOL
MODERNIZATION PROJECTS
WHEREAS, in FY 2001-02, the Virginia Beach Schools has
10 been awarded $2,357,230 in state construction grant funds, and
11 an additional $5,846 of these funds were awarded in FY 2000-01
12 that also need to be accepted and appropriated;
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WHEREAS, by resolution adopted September 25,2001, the
School Board formally requested the C~ty Council to approve the
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appropriation of these funds to a variety of school pro~ects the
C~ty's FY 2001-02 Capital Improvement Budget.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA'
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1. That $2,363,076 of state constructmon grant funds
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are hereby accepted and appropriated to the FY 2001-02 Capital
Improvement Budget in the amounts and to the projects as set
22 forth below'
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(a) $250,000 to CIP# 1-001, Renovations
Replacements, Energy Management;
and
(b) $553,615 to CIP# 1-222, Pembroke Elementary School
Modernization;
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(c) $500,000 to CIP# 1-223, Lynnhaven Elementary
School Modernization;
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(d) $559,461 to CIP# 1-224, Trantwood F. lementary
School Modernization;
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(e) $500,000 to CIP# 1-225, Hermitage Elementary
School Modernization.
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2. That estimated revenue from the State in the FY
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2001-02 Capital Improvement Budget is hereby increased in the
amount of $2,363,076.
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Adopted by the Council of the City of Virginia Beach,
Vlrgmnia, on the 6th day of November , 2001.
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Requires an affirmative vote by a majority of the members of City
Council.
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CA8286
Ordin~NONCODE~SchoolsConstuctionord.wpd
October 24,2001
RI
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Approved As to Content'
Management~
Approved As To Legal
Sufficiency'
~lty Attorneyd '/
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Item VI-J. 7.
ORDINANCES/RES OL UTIONS
ITEM # 48877
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED:
Ordtnance to APPROPRIATE $614,511 from the General Fund and
TRANSFER $685,489 from vartous roadway capttal projects re land
acquisition at Potters Road for the Lynnhaven Parkway Interchange at
Great Neck Road, by agreement or condemnatton
AND,
Ordtnance to AUTHORIZE acqutsttton of property in fee simple for
property located at Lynnhaven Parkway at Potters Road (1-264
Interchange) for the Lynnhaven Interchange at Great Neck Road
Improvements (CIP 2-074), by agreement or condemnatton
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba $ McClanan, Robert C Man&go, Jr,Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlhams D. Sessoms, dr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W. Harrtson, ,Ir
November 6, 2001
AN ORDINANCE TO TRANSFER $685,489 FROM
VARIOUS ROADWAY CAPITAL PROJECTS AND
APPROPRIATE $614,511 FROM THE GENERAL FUND,
FUND BALANCE TO CAPITAL PROJECT #2-074,
LYNNHAVEN PARKWAY INTERCHANGE AT GREAT NECK
ROAD, TO FUND THE ACQUISITION OF PROPERTY
WHEREAS, suffzcient funds from completed roadway
8 capital projects and fund balance in the General Fund are
9 available to fund the acquisition of property in the proposed
10 alignment of the VDOT capital project for the Lynnhaven
11 Interchange at Great Neck Road.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
13 CITY OF VIRGINIA BEACH, VIRGINIA'
14 1.
That $685,489 is hereby transferred ~o Capital
15 Project #2-074, Lynnhaven Parkway Interchange at Great Neck Road,
16 from the completed capital improvement prolects and zn the
17 amounts as set forth below, to fund land acquisitmon for the
18 interchange project:
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(a) $24,168 from #2-001, H~lltop Loop;
(b) $18,426 from #2-006, Elbow Road Extended-
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Phase 1;
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(c) $316,176 from #2-084, Military H~ghway;
(d) $60,129 from %2-095, Indian River Road-
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Phase VI;
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(e) $93,237 from #2-122, Gum Swamp Bridge;
(f) $121,736 from #2-133, Shore Drive
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Intersection;
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(g) $34,001 from #2-197, Sandbrldge Road
Corridor;
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(h) $3,467 from %2-198, Shore Drive Corridor
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Study;
(i) $3,535 from #2-213, Queen City Street.
33 Improvements;
34 (j) $9, 284 from #2-023, Harris Road Broke Path;
35 and
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(k) $1,330 from #2-930, Salem Road.
37 2.
That $614,511 is hereby appropriated from fund
38 balance in the General Fund to Capital Project #2-074, Lynnhaven
39 Parkway Interchange at Great Neck Road, to fund land acquisition
40 for this mnterchange.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6th day of November , 2001.
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CA-8282
F:kData~ATY~Ordin~NONCODE~roadwaysord.wpd
October 23, 2001
R1
Approved as to Content:
Manageme~s
Approved as to Legal
Sufficiency:
City Attorne~-~'
5 2 Ordzn\NONCODE\roadwaysord wpd
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AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR PROPERTY LOCATED AT LYNNHAVEN PARKWAY AT POTTERS
ROAD (I-264 INTERCHANGE) FOR THE LYNNHAVEN INTERCHANGE
AT GREAT NECK ROAD IMPROVEMENTS (CIP 2-074), EITHER
BY AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City of V~rginia Beach, Virginia, a pubhc
necessity exlsts for the construction of tins important roadway project and intersection m~p~ovements
to provide transportation and for other public purposes for the preservation of thc safety, health,
peace, good order, comfort, convemence, and for thc welfare of the people in the C~ty of Virginia
Beach
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section I That the City Council authorizes the acqms~t~on by purchase ol condeinnat~on
pursuant to Sections 15.2-1901, et seq, and Seckons 33.1-89 et seq., Code of V~rgilna of 1950, as
amended, of all that certain real property m fee sm~ple known as GPIN 1497-63-7012 and owned
by Wesley Properties, LLC, (the "P~operty") as shown on the plat enktled "RESUBDIVIDION OF
PARCEL A, PROPERTY OF POTTERS ROAD INVESTMENT GROUP (M B 173, PG. 31)
CLOSED PORTIONS OF POTTERS ROAD AND EXCESS CITY LAND, PROPERTY OF THE
CITY OF VIRGINIA BEACH LYNNHAVEN BOROUGH · VIRGINIA BEACtI, VIRGINIA
DATE' 05-01-98," recmded In Map Book 270, at page 76, and more spemfically described on the
location map attached hereto as Exhibit A
Sectmn 2 That the C~ty Manager is hereby authmized to make or cause to be made on
behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the
owners or persons having an ~nterest in the P~operty If refused, the City Attorney ~s hereby
authorized to institute p~oceed~ngs to condemn the Property.
Adopted by the Counml ofthe City of V~rg~nla Beach, V~rgmm, on the 6 day
of Novamber ,2001
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY & FORM
~GNATURE . CITY ATTORNEY
Pzo &.c4
DEPARTMENT
/ '!1
la.
~ z
EXHIBIT A
SITE
LOCATION MAP SCALE : 1" -- 1,600'
O
O
O o
1990
REVISEO t~q"l
CATION MAP SHOWING
1-264 INTERCHANGE-
N HAVEN ROAD @
POTTERS ROAD
1497-63-7012
SCALE: 1" = 400'
LAWSON AGENDA POTTERS.DGN M.J.S. PREPARED BY P/W ENG. DRAFT. AUG/20arl
m'r'g
m-r
S23'03 07'E
86
C~
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0
_jo. ,z~
Om
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>.-JO
Item VI-J. 8.
- 38 -
ORDINANCES/RES OL UTIONS
ITEM # 488 78
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to APPROPRIATE $250, O00 from the Police Forfeited Asset
Sharing fund to their FY 2001-2002 operatmg budget re the purchase of
replacement gas masks andj~lters for every officer
Votmg' 10-0 (By ConsenO
Counctl Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R~
Jones, Reba S. McClanan, Robert C Mandigo, Jr.,Mayor Meyera E
Oberndorf, Nancy K. Parker, Vice Mayor Wdliams D Sessoms, Jr. and
Rosemary Wilson
Council Members Voting Nay'
None
Counctl Members Absent'
William W. Harrison, Jr.
November 6, 2001
AN ORDINANCE TO APPROPRIATE
$250,000 FROM FUND BALANCE IN THE
FORFEITED ASSET SHARING FUND TO
REPLACE POLICE DEPARTMENT GAS MASKS
WHEREAS, the Virgmnia Beach Police Department has been
utilizing surplus military gas masks since the early 1990s, for
7 which the official shelf life is 10 years; and
WHEREAS, given recent events, there is greater concern for
10
providing personal protective equipment for public safety
personnel that can filter a wider range of chemical and
11 biological agents.
12
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA,
14
That $250,000 is hereby approprmated from fund balance mn
15 the Forfeited Asset Sharing Fund to the FY 2001-02 Operatmng
16 Budget of the Police Department to fund the purchase of
17 appropriate replacement gas masks and filters for every Virginia
18 Beach police offmcer.
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20
Adopted by the Council of the City of Vmrgmnia Beach,
Virginma, on the &~h day of Nov~mh~r , 2001.
Requires an affirmative vote by the ma2ority of the members
of the City Council.
CA8292
OrdinkNONCODEkpdgasmask.ord.wpd
October 26, 2001
RI
APPROVED AS TO CONTENT:
Management Servic~
APPROVED AS TO LEGAL
SUFFICIENCY'
city Attorney'p" dfff~'
Item VI-K. 1.
- 39-
ORDINANCES/RESOL UTIONS
ITEM # 488 79
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution re the City's COMMUNITY LEGISLATIVE AGENDA and
requesting the City's delegation sponsor and/or support this legislation
during the 2002 Virginia General Assembly
Voting' 10-0 (By ConsenO
Council Members Voting Aye.
Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Robert C. Mandigo, Jr.,Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor Williams D. Sessoms, Jr and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent.
William W. Harrison, Jr
Council Lady Eure wished to vote a VERBAL NAY on Addendum - Public Safety Issues, Testing for DUI,
Item B., page 16.
Council Lady McClanan wished to vote a VERBAL NAY on the entire Addendum - Public Safety Issues.
November 6, 2001
Community Legislative
Agenda
The City of Virginia Beach
2002
General Assembly Session
October 31, 2001 (Prepared)
A RESOLUTION ADOPTING THE CITY'S 2002
COMMUNITY LEGISLATIVE AGENDA AND REQUESTING
MEMBERS OF THE CITY'S LOCAL DELEGATION TO
THE GENERAL ASSEMBLY TO SPONSOR AND/OR
SUPPORT LEGISLATION THAT WOULD CARRY OUT THE
GOALS AND OBJECTIVES SET FORTH THEREIN.
WHEREAS, City Council traditionally adopts a package of
8 legislative goals and objectives of the City and requests members of
9 the City's local delegation to the General Assembly to sponsor and/or
10 support legislation to carry out these goals and oblectives; and
11
WHEREAS, City Council has considered a number of goals and
12 objectives for inclusion in the City's 2002 Communzty Legislative
13 Agenda.
14
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16
1. That Czty Council hereby adopts the City's 2002
17 Community Legislative Agenda, which is attached hereto as Exhzbit A
18 and is hereby incorporated by reference.
19 2. That the members of the City's local delegation to
20 the General Assembly are hereby requested to sponsor and/or support
21 legislation in the 2002 Sessmon of the General Assembly that would
22 carry out the goals and objectives of the City as set forth in its
23 Community Legislative Agenda.
24 3. That the City Clerk is hereby dmrected to transmit
25 a copy of this Resolution to each member of the City's local
26 delegation to the General Assembly.
27 Adopted by the Council of the City of Virginia Beach,
28 Virginia, on the 6th day of November , 2001.
29 CA8280
30 OrdznkNONCODEkComLegis.RES.wpd
31 October 12, 2001
32 RI
APPROVED AS TO CONTENT:
City Manag&r'~O~f~
APPROVED AS TO LEGAL
SUFFICIENCY:
~lty ~[tor~y's
VIRGINIA BEACH
COMMUNITY LEGISLATIVE AGENDA 2002
Draft Rev 10/31/01
PREFACE
The 2002 Session of the General Assembly wdl pose daunbng challenges for the General
Assembly members As th~s package ~s being prepared, the Nation ~s reeling from the
worst terrorism attack ~n world history The stock market is plunging and consumer
confidence ~s greatly depressed. The Commonwealth's latest tax collecbons, whde
conbnu~ng to ~ncrease, are doing so at a greatly decreased rate compared to recent years.
The threat of recession both ~n the Commonwealth, the nation and perhaps worldwide ~s
very real The Commonwealth and the nation w~ll recover both from the tragedy and the
economic downturn, however, these events will greatly influence what transpires ~n January
and February of 2002
Adding to the economic slow down and ~t's ~mpact on the Commonwealth are the General
Assembly's fadure to adopt a revised budget for the second year of the biennium. Th~s
budget was to provide pay ~ncreases to state employees, school teachers and address
~ncreases ~n mandated programs I~ke Medicaid That will be the first priority for the General
Assembly when they convene. We wdl also have a new Governor, whose prionbes, and
certainly h~s realities, may d~ffer from the current Governor Furthermore, many agencies
serving the c~bzens of V~rg~nia are facing tremendous problems ~n providing required
services. Nowhere is th~s more alarming than in the Mental Health/Mental Retardation/
Substance Abuse System. As of mid-September there were 12,543 individuals wa~tinq for
services ~n V~rg~nia, ~nclud~ng 500 ~n V~rglnia Beach There is a shortage of psychiatric
beds with no funding avadable to purchase services from the private sector when only 1/4
of the fiscal year has passed This has affected police and sheriff's transportation services
and on local correctional centers because many citizens with mental ~llnesses are being
placed in jads rather than the appropriate treatment facility. There ~s no additional capacity
to deal w~th mental retardabon emergencies. In fact, the state does not have additional
funds to match federal Medicaid dollars Therefore, not only are our c~tizens not being
served, but federal dollars are being lost. It ~s expected that th~s situation will only
deteriorate between now and the General Assembly session.
W~th that chilling economic news, several organizations such as the Virginia Municipal
League and the V~rgin~a Associabon of Counties, and indeed some of the several ongoing
studies of V~rg~n~a's tax system, are considenng returning substanbal sums of general fund
money to local governments. For instance, the so called 50/40/10 program of VML and
VACO would return approximately $800 mdlion a year from general funds to localities
-I-
based on residence of the taxpayer, where the taxable ~ncome ~s earned and a base
amount for all localities. Although V~rginia Beach would I~ke to d~vers~fy ~t's ~ncome stream
by rece~wng a dedicated portion of state ~ncome tax, government's priority must be to fund
traditional services such as education, mental health, public health, and transportation.
V~rginia Beach City Councd strongly believes any consideration of tax sharing programs
should be held in abeyance until the Commonwealth is able to fully fund ex~st~ng
commitments such as education The SOQ study currently underway by the Joint
Legislative Audit Rewew Commission (JLARC) w~ll I~kely reveal that the state should be
spending an additional one bdl~on dollars on K-12. Funding programs such as education
must be a priority for the Commonwealth. V~rg~n~a Beach spends almost $100 mdl~on of
local tax dollars above that required by the Standards of Quality. V~rg~n~a ~s ranked the 15th
wealthiest state in the nat~on yet falls short ranking 45th ~n the nat~on ~n state support of
education (K- 12)
A final area of great concern for V~rg~n~a Beach and other localities ~s transportation needs
and funding. Numerous studies have revealed that the state should be spending upwards
of $2.5 b~ll~on a year more than is available for transportation. Although the General
Assembly attempted to address the shortfall ~n transportation funding w~th the Virginia
Transportation Act of 2000, it is likely that effort will prove ~nadequate The use of Federal
Revenue Anticipation Notes, which are basically debt against future transportation dollars,
may be able to jump start programs. However, even the $350 mdl~on that has already
been issued has not been utilized. Furthermore, the other three new funding sources have
not worked as expected. Some additional revenue ~s being generated by a change in the
way the gas tax ~s administered. However, there have been little to no general funds
available to transfer to transportation One-third of the tax on car ~nsurance premiums that
~s supposed to be allocated to transportation in the next b~enn~um is not likely to
materialize. When General Fund revenue ~s inadequate to prowde for teacher salary
~ncreases, mental health needs, public health needs and the other bas~cs state government
should be doing, those funds should not be diverted to transportation Substantial
additional funds on a state-wide bas~s need to be made avadable for transportation and
regions should be given the flex~bd~ty to raise revenue for transportation. Transportation
is a state-wide responsibility that should be addressed to the extent possible by the
Commonwealth on a hol~st~c basis However, certain regions of the Commonwealth, such
as Virginia Beach and Hampton Roads, have specific needs. With c~t~zen approval, we
should be able to address those needs as we deem fit. However, regions and localities
should be given credit for exceptional local or regional effort Unless we improve our
transportation system, the Commonwealth will lag further behind in economic growth.
-ii-
TABLE OF CONTENTS
A Legislative Requests
Page 1
1. Funding for Education
2 Funding for Transportabon
3 Funding for Marine Science Museum
4. Funding for Comprehensive Services Act (CSA)
5 Funding for Community Services Board (CSB)
6. Funding for Public Health Department
7 Funding for the Convention Center
8 Funding for Public Libraries
9 Funding for Infopowenng the Commonwealth
10. Funding for Contemporary Arts Center of V~rg~n~a
11. Funding for Corps of Engineers Study of Kerr Reservoir
12 Funding for the Rock-n-Roll Half Marathon
13. Funding for Local/Regional SOL Test Sconng Sites
B. Non-Funding Issues
Page '14
.
Support for Inclusion of "Sexual Orientabon" ~n any Proposed "Hate
Cnmes" Leg~slabon
2. Improvements for Processing Prorated Personal Property Taxes
3 Support for Connecbon Fee Payments and Attorneys' Fees
4. Abandoned Nonconforming S~gns
.
Boards of Zoning Appeals to be Created
Tree Conservabon Ordinance
7 Solid Waste Ordinance V~olation
o
Locality May Provide for Removal or D~sposal of Trash, Cutting of Grass
and Weeds
9. Procurement of Professional Services
10. Municipal Recreabon Deed Restriction
11. Post Labor Day Opening for V~rgin~a Beach Schools
12. Conflict of Interest Act
13. South Hampton Roads Coal~bon on Aging
14. Regional Incenbve Act
15. New Approaches to Moving People
C Public Safety Issues
Page 27
1. Amend State Code regarding Eluding Police
.
Approved Equipment
3. Defin~bon of Sport Utility Vehicle
-IV-
4 Abandoned Nonconforming S~gns
5
6.
Boards of Zoning Appeals to be Created
Tree Conservation Ordinance
7 Solid Waste Ordinance Violation
Locality May Prowde for Removal or Disposal of Trash, Cutting of Grass
and Weeds
9 Procurement of Professional Services
10. Municipal Recreation Deed Restncbon
11. Post Labor Day Opening for Virginia Beach Schools
12 Conflict of Interest Act
13. South Hampton Roads Coalition on Aging
14. Regional Incentive Act
15 New Approaches to Mowng People
C Public Safety Issues
Page 36
1 Amend State Code regarding Eluding Police
2. Approved Equipment
3. Definition of Sport Utility Vehicle
-iv-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
A. LEGISLATIVE REQUESTS
The leg~slabve package from the C~ty of V~rg~nia Beach for the 2002-2004 biennium is
focused primarily on funding issues because of our increasing reliance on state funding for
programs. Th~s ~s also because of our growing dependence by Iocal~bes on real property
tax and the few local revenue sources avadable The Virginia Beach Council believes the
state must take a larger role ~n helping all local jurisdicbons provide services to our c~bzens.
Requests for funding are as follows
1. FUNDING FOR EDUCATION
With more than 50% of the City's budget committed to educating the 76,600 plus
students ~n the V~rg~n~a Beach Public School system, it is vital that the state provide
~ts full share of both operation and ~nfrastructure funding. The state should fund the
full cost necessary to meet the Standards of Quality (SOQ). W~th the Virginia
Beach School system hawng more than 1,000 teachers above the number needed
to meet the SOQ and hawng to spend almost $100,000,000 in local funds above the
SOQ amount, it is obwous that the level of education funding provided under the
guidelines of the SOQ ~s hopelessly ~nadequate. Furthermore, state funding for new
construction, renovabon, maintenance, land acqu~s~bon and ~nstallabon of
educational technology is needed We look forward to the results of the ongoing
JLARC study of education.
REQUEST:
Whde Iocal~bes are grateful for the funds placed ~nto educabon infrastructure and
technology from the state lottery, we believe that all of the approximately $310
million per year from the lottery should be made available to Iocal~bes instead of less
than half of that amount which ~s now avadable (the remainder of the lottery funds
are being utilized by the state to meet ~ts share of the SOQs). The General
Assembly has also mandated that JLARC embark on a review of the Standards of
Quality. Th~s report ~s due for considerabon by the 2002 General Assembly and ~s
likely to reveal that Iocal~bes across the Commonwealth are contributing much
higher levels of effort for education than the Virginia Consbtution envisioned.
Although some legislators call these additional efforts local aspirations, Virginia
Beach feels that the Standards of Quality, which the State funds, are not adequate
for students to pass the Standards of Learning Testing. Virginia Beach, for
~nstance, appropriates approximately $100 mdl~on a year in local funds above that
which the Standards of Quality require.
-1-
.
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
FUNDING FOR TRANSPORTATION
In spite of the General Assembly's actions through the Virginia Transportation Act
(VTA) of 2000, transportation funding statewide and certainly ~n Hampton Roads ~s
~nadequate for the needs. Many studies over the last five to ten years reveal there
is a need for an additional $2 billion or more annually in transportabon funding
statewide. The h~gh cost projects such as the Third Crossing, Interstate 64,
Southeastern Parkway & Greenbelt, and transit improvements such as high speed
ra~l access to the souths~de will be unfunded for many years unless additional
revenue sources are made available. Also, as this informabon ~s being presented
to Council, the Commonwealth Transportation Board has yet to recewe its six-year
h~ghway construction program Based on information avadable to staff at this t~me,
~t is likely that the Six-Year Plan wdl show significant delay m many projects
throughout the Commonwealth, ~nclud~ng Virginia Beach. Th~s ~s follow-up
~nformation to what was presented to the Senate F~nance Committee which
revealed there was a tremendous cash-flow problem at VDOT. It ~s also apparent
that, as menboned in the preface to th~s presentabon, it is likely that much of the
new funding purposed to be provided through VTA 2000 wdl not come to pass,
particularly General Fund transfers and the tax on auto insurance premiums.
REQUEST:
The C~ty specifically requests the following: The General Assembly should, on a
statewide basis, prowde s~gn~flcant add~bonal funds for transportation. Projects of
statewide ~mportance such 1-66 in Northern Virginia, 1-81 throughout the entire
western port~on of the Commonwealth, Route 58, Route 460 ~nclud~ng high speed
ra~l, and many other projects need significant amounts of funding. These should be
addressed on a statew~de basis
The City Council endorses full funding for the six programs developed by the
Hampton Roads Planning D~stnct Commission/Metropolitan Planning Organizabon.
The City Council is concerned that the Route 460 project may not receive the
priority funding ~t deserves H~gh speed rail access to the souths~de must also be
addressed.
The recent terror attacks show the region's vulnerabdity in relying on the 1-64
corridor. An additional East-West Interstate Grade connector for southside must be
constructed as soon as possible. Nabonal defense, hurricane evacuabon and
sound transportabon policy require ~t.
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
Transportabon ~mprovements are vital to the timely movement of people, goods and
services. In spite of the General Assembly's efforts in the VTA 2000, our
transportation system ~s approaching near gridlock cond~bons We are also
concerned that all modes are not receiwng appropriate funding. Transit services
are greatly decreased because of lack of funding to Hampton Roads Transit (HRT).
HRT is proposing to cut many existing routes and the Handi-Ride service w~thin the
region. Addibonal revenues must be provided.
The C~ty requests that the General Assembly approve legislation allowing regions
of the Commonwealth to allow referendums for voter approval of revenue increases
for transportation. This would be similar to the proposal that was defeated ~n the
2001 Session of the General Assembly for Northern Virginia. If regions or Iocalibes
adopt such self-imposed revenue measures, they should be rewarded for these
efforts through add~bonal revenue from the Commonwealth and certainly not
punished by receiving less funds because they are taking care of their own needs
The City continues to support the construcbon of the Third Crossing of Hampton
Roads. The public/private partnership currently before the Commonwealth
Transportabon Board, although the details have not been released, offers to have
the project constructed considerably quicker and at a reduced cost. Th~s may entad
toll~ng the facd~ty and perhaps other fac~libes in Hampton Roads. W~th the support
for the Third Crossing, however, comes a requirement from the C~ty that
improvements to Interstate-64 between Newport News and R~chmond must be
made at the same time as the Third Crossing. It makes little sense to invest bdlions
of dollars for a Third Crossing when traffic is still very congested from Bland
Boulevard on 1-64 to the outskirts of R~chmond Th~s $2 bill~on project must be
funded in concert w~th the Third Crossing.
The City Council requests that additional funding be made avadable for mass
transit. Mass transit ~n Hampton Roads has lost funding necessary to maintain a
critical mass of services. Funding must be provided to allow Handi-Ride to expand
back to ~ts previous service levels and allow HRT to reestablish routes that were ~n
existence on January 1,2001.
The City Council ~s concerned that VDOT seems to be lacking in leadership, ~n the
ability to move projects along ~n a timely fashion, and in project planning and
execubon. The Council realizes there is a grave shortfall of funding for
transportabon. This funding shortfall ~s exacerbated by the vastly inappropriate
amount of bme VDOT takes to bnng projects from the conceptual stage to
-3-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
construcbon. The time period VDOT uses to bring forward projects causes the
public to lose confidence in the agency Rebuilding the confidence in VDOT should
be the number one priority of the new admm~strabon. If funding ~s the bottom
~ssue, then that needs to be explained to the public so informed decisions can be
made
The Route 460 project is a good example The General Assembly appropriated
funds for the Virginia Transportabon Act of 2000, but ~t will be after the beginning
of calendar year 2002 before VDOT hires a consultant to start Environmental
Impact Statement (ELS). VDOT has publ~cally stated that it would be e~ght years
before construcbon commences ~f funding is made available This is unacceptable.
Whde the City Council is very much interested in the environmental documents
being accomplished ~n a professional manner to stand up to wgorous rewew by the
resource agencies, the proposed t~me period for the Route 460 project mowng
forward to construction ~s symptomabc to projects ~n which the C~ty has been
involved.
3. FUNDING FOR THE VIRGINIA MARINE SCIENCE MUSEUM
The Virginia Manne Science Museum (VMSM) is owned and operated by the C~ty
of Virginia Beach ~n cooperabon with the V~rginia Marine Science Museum
Foundabon, Inc. Phase I of the V~rginia Marine Science Museum opened in 1986
as a 41,500 square foot aquarium and museum facility Phase II opened in 1996
and tripled the size of VMSM through addition of a nature trail, several large aquaria
and an IMAX 3D theater. S~nce the opening of Phase II, the museum has become
the h~ghest attended museum in the state, and one of the top ten attended aquaria
~n the United States In the last three years ~t has been ws~ted by more than 215,00
school students and ~ts outreach programs have been presented to thousands more
throughout the state. The primary reason for its successful growth ~s that ~t has
been appreciated as both an educational facility valued by residents as well as one
of Virginia's greatest tourist attracbons.
REQUEST.
The Virginia Marine Science Museum is seeking $1 mill~on for operating assistance
in each of the next fiscal years. This amount of'state support is ~n keeping w~th the
~mportance of the Marine Science Museum to the Commonwealth's economy.
4 FUNDING FOR THE COMPREHENSIVE SERVICES ACT (CSA):
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
CSA funding is inadequate to address the needs of the chddren ~n V~rg~n~a Beach
and across the Commonwealth
REQUEST:
Virginia Beach has consistently been unable to meet the needs of children and
adolescents eligible for services under the Comprehensive Services Act due to
inadequate state funding for both mandated and non-mandated chddren.
Therefore, the C~ty requests a state code change that would require sum-sufficient
state funding for th~s program.
5 FUNDING FOR COMMUNITY SERVICES BOARD (CSB):
Any plans for the future of the publicly funded mental health, mental retardation and
substance abuse services system should provide sufficient state funding for a
comprehensive system of care and treatment at the state and local level. Funding
must be adequate to meet the needs of
a.
b.
Persons eligible for medicaid supported services but are unable to
receive them due to lack of state match funding
Persons in need of services unfunded by medicaid
Persons who are ~ndigent and cannot access medicaid services
Addibonal statew~de funding ~s needed as follows:
FY 2003 FY 2004
Mental Health
Children/Family
Mental Retardation
Substance Abuse
$20 mdl~on
$14 m~ll~on
$25 m~llion
$12 5 mdlion
$20 million
$14 mill~on
$29 mdl~on
$12 5 mdlion
Totals $71.5 mdlion $75.5 mdlion
6 FUNDING FOR PUBLIC HEALTH DEPARTMENT:
Costs have steaddy increased in Virginia Beach, and the dollars spent are still
~nadequate to address the needs of chddren ~n V~rg~n~a Beach and the
-5-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
Commonwealth Healthy Families V~rgin~a and Healthy Families Virginia Beach
show success in improving child health, ~mprowng school read~ness and preventing
child abuse and neglect For example, h~gh-r~sk famd~es that received one year of
home vis~bng in the V~rg~nia Beach program had no founded cases of child abuse
or neglect.
Based on V~rgima Beach's current annual birth rate of 6000 - 6500, 3000 families
should be reached annually, 800 of those would benefit from long term home
ws~tation. Currently, approximately 1000 families receive services and 100 receive
long term home ws~tation These prevention efforts wdl decrease dollars needed
for intensive CSA services required for chddren.
The V~rginia Beach program can be maintained if Healthy Families dollars continue
from the General Fund, and the C~ty's current portion, $87,719 ~s sustained. Ideally,
an incremental increase ~n funding of 5 percent each year for six years would cover
inflabonary costs so that the current level of service can be maintained.
It ~s likely that the Commonwealth wdl be explonng options to balance the budget
~n the 2002 General Assembly Session If supplanting general fund dollars (used
for Healthy Families) with TANF dollars is chosen, this would have severe impact
on the program's potential for expansion through the use of federal T~tle IV-E foster
care prevenbon funds. Data from Healthy Families supports the premise that
investment in th~s prevenbon program will decrease costs associated w~th treatment
and intervenbon (i.e. CSA Services)~n the long wew.
Also, ~n the current b~enn~um, a supplemental budget allotment was made
specifically for the V~rgin~a Beach Health Department. If a complete overhaul of
Health Department funding is not possible, then we request that the supplemental
appropriabon be conbnued for V~rg~nia Beach.
7 FUNDING FOR THE CONVENTION CENTER.
The V~rgin~a Beach City Council has approved funding for a new $193.5 mill~on
convenbon center and the architectural firm of Skidmore, Owings & Merrill (SOM)
has been selected as the nabonal architects to design the proJect.
The preliminary design calls for an approximately 500,000 square foot convention
center. It wdl include a 150,000 square-foot exhibition hall, a ballroom of 30,000
square feet, 25,000 square feet of meebng rooms, ~ncreased pre-funcbon space
-6-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
and parking up to 3,000 spaces The current Pavilion convenbon facility, opened in
1980, ~s 188,000 square feet and offers 66,000 square feet of exhibit space, seven
meeting rooms totaling 5,600 square feet and 1,100 parking spaces. In recent
years, the city has had to turn away conventions and meetings because of lack of
space and modern amen~bes.
The C~ty of Virginia Beach h~red Pr~cewaterhouseCoopers to conduct a Market,
Feas~bd~ty and Economic Impact Analyses on for the proposed convention facd~ty.
They ~denbfied the economic impact of construcbng the budding program outlined
prewously as follows. Incremental annual tax revenues (in 2000 dollars) from the
new convenbon center are projected to be $2.652 mdlion annually for the C~ty of
Virginia Beach and $2.018 mdlion annually for the Commonwealth.
REQUEST:
The General Assembly ~s requested to provide $20 million ~n funding for the Virginia
Beach Convention Center. This ~s in keeping with the benefits to the
Commonwealth based on the amount of state tax revenue that will be generated
from the new facility over a ten year period. Twenty million dollars ~s also ~n keeping
w~th the amount of money provided to the Richmond Convenbon Facility, when
adjusted for ~nflation, based on the I~kely year of funding being prowded by the
General Assembly.
8 VIRGINIA BEACH PUBLIC LIBRARIES: FULL FUNDING OF STATE AID:
The V~rginia Beach Public L~brary requests that Governor Gilmore fully fund state
aid to Virginia Public Libraries in the 2002-2004 budget. It ~s currently estimated
that full funding of state a~d will require a $1,576,619 increase ~n FY 2003 over FY
2002 funding levels. The current funding level for state a~d and the levels proposed
to achieve and maintain full funding are as follows:
Current State Aid
Appropriation in
FY 2001/02
Full Funding
Request for
FY 2002
Full Funding
Request for
FY 2003
$2O ,485,543
$21,2O9,899
$22,062,162
The Code of V~rg~nia (Chapter 3 of Title 42. 1) establishes Virginia's policy of
granting financial a~d for the development of local public I~braries and prowdes a
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
formula which specifies how much each public library system should receive
Unfortunately, the formula has not been fully funded s~nce 1985. In FY 97-98, the
formula was funded at only 73%. The General Assembly embarked on a 3-step
plan in 1998 to restore full funding (See item 264, Chapter I of the 1998 Special I
Session Virginia Acts of Assembly) by adding $1 4 mill~on to the level funding
proposed by Governor Allen for FY 98-99. No ~ncrease was provided in year two
(FY 99-00). At ~ts 1999 session, the General Assembly approved and Governor
Gdmore s~gned ~nto law the second step ~n the full funding plan by adding $2 8
mdl~on to the FY 99-00 state aid budget (See item 264, Chapter 935 of the 1999
Virginia Acts of Assembly). Th~s will bnng state aid to about 85 percent of full
funding in FY 99-00. Governor Gilmore also approved the following budget
language adopted during the 1999 General Assembly session'
It is the objecbve of the Commonwealth to fully fund the state
formula for state a~d to local libraries. The additional
appropriabon in the second year accomplishes the second
step ~n the three-year phase-in of full funding It ~s the
objecbve of the General Assembly to complete the phase-in
dunng fiscal year 2001
State aid is cnbcal to V~rg~n~a Beach Public Libraries because it is used to buy books
and other I~brary materials, which are used directly by citizens. Public I~braries
prowde materials for school-age students who particularly need their resources in
the afternoons, evenings, weekends and dunng the Summer when the schools are
closed. Libraries also serve adults, many of whom find I~braries as their only source
of free, up-to-date ~nformabon. Full funding of the state a~d formula would ~ncrease
V~rginia Beach's allocation from $323,500 to $378,690, an additional $55,190.
9. FUNDING FOR INFOPOWERING THE COMMONWEALTH:
The objectives of Infopowerinq the Commonwealth are to provide appropriate
computer hardware, obtain adequate connecbons to the Internet, and resolve issues
and costs associated with prowding adequate access to all citizens to current,
authontatwe sources of informabon. Infopowering has assisted public libraries in
obtaining hardware, Internet access, training labs, and some electronic databases,
In addition, Infopowering funds were used ~n partnership w~th grant funds from the
Bill & Melinda Gates Foundation to extend actw~bes to I~branes that were not fully
eligible for funding through the Gates L~brary ~nibative.
-8-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
The future of Infopowering will focus on expanding the content available through
statewide I~censes to electronic databases. The L~brary of V~rgin~a hopes to expand
access to such databases beyond public I~braries to include schools, community
colleges, and other academic insbtutions, In future years Infopowering will also
provide technical assistance and training for all public I~branes, and financial
assistance for libraries that have difficulty sustaining services after support from the
Gates Foundation ends within the next two years
Infopowering funds for FY 2002 have been reduced to $1 6 mill~on In FY 2003 an
estimated $3 mill~on is needed to prowde services to public libraries, $5 mill~on if
services are expanded to other entibes, such as schools and institutions of h~gher
education. In addition to providing access to electronic resources, Infopowering
funds wdl also be used to establish training labs in areas of the State that d~d not
receive training labs through the Gates L~brary Initiabve, particularly in Southwest
Virginia, Souths~de, and the Shenandoah Valley.
The V~rginia system of public I~branes is providing valuable cultural and educational
resources for cibzens of the Commonwealth Fully funding the State grants-in-aid
program and Infopowering the Commonwealth will provide V~rginia with a well-
established public I~brary system w~th access for all c~tizens to tradibonal I~brary
services and services based on ex~sting and emerging technologies
10. FUNDING FOR CONTEMPORARY ARTS CENTER OF VIRGINIA:
The Contemporary Arts Center of Virginia is a non-profit, non-collecting institution
founded in 1952 to foster awareness, exploration and understanding of the
s~gnificant art of our time. The Center fulfills ~ts m~ss~on by providing regularly
changing exhibibons by internabonally, nabonally and regionally renowned
contemporary artists and by presenting educational programs that encourage critical
thinking, dialogue and artistic expression. The Center is the only ~nsbtubon ~n the
Commonwealth of V~rgin~a dedicated solely to contemporary art and education and,
as such, ~s an ~mportant element in the Commonwealth's cultural tourism initiatives.
Art often reflects the political and social m~lieu ~n which ~t is created and ~nvites the
v~ewer to explore, not only the aesthetic and philosophical aspects for the work, but
its relevance to their own expression and partic~pabon in society. The Center ~s a
unique forum for ideas and d~scourse essenbal to an ~nformed and involved
cibzenry.
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
The Center's mission renders ~t an equally valuable educabonal resource. The
Center's educabonal programs are designed to prowde children and young adults
a foundabon for their I~felong appreciabon and exploration of the world in which they
I~ve and work. The Center's commitment to excellence in education was recently
recognized by the prestigious Rufus Beamer Excellence Award, a state-wide
~n~bative sponsored by the V~rg~n~a Department of Education and the V~rginia
Councd of Vocational Educabon Students from three local h~gh schools
collaborated with the Center's education department to create a unique project that
~ncorporated art, h~story, science, technology, culture, industry and the environment
~n a public exh~b~bon at the Center for nearly three months.
Essenbal to th~s goal ~s the training of professional educators. For several years,
the Center has offered a Teacher Insbtute underwritten ~n part by Title VI. During
the Teacher Insbtute, educators receive instrucbon on (1) object-based learning, (2)
the integration of art w~th other disciplines and (3) wnbng innovative, flexible
curricula and lesson plans. Educators can choose to apply the Insbtute toward re-
certification or graduate course work. Educators who attend the Institute are asked
to train their colleagues at their schools ~n the techniques they learn The Institute
no longer qual~fles for Title VI funding because it ~s not a new project. The Center
~s not able to susta,n the Institute w~thout external funding.
The Center's education staff, in collaborabon with other professional educators, has
developed programs that meet current requirements for Virginia's Standards of
Learning (SOL)~n several subjects. Specifically, It's Greek to Me, developed for 3rd
graders, integrates social studies, mathemabcs and architecture. Ancient China:
Digging into the Past Today, developed for 2® graders, ~ntegrates history, social
studies and archeology. Move It: Magnets, Electricity & Kinetics, developed for 4th
graders, explores physical science. Building with Light, developed for 5th graders,
explores the functional and aesthetic properties of I~ght and meets science SOL's.
During the 1998-99 academic year, approximately 6,000 students under the age of
18 benefitted from education outreach programs offered by the Center. The
success of these programs ~s evidenced by the increasing number of requests from
schools throughout Hampton Roads.
REQUEST:
The Contemporary Arts Center of V~rgin~a requests $500,000 for each year of the
biennium from the legislature for the purpose of continuing an expanded
educational program that employs state-of-the-art telecommunications to reach
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
students and educators statew~de We propose to electronically export these
educational programs to schools outside the region offenng educators a cost-
effective means to meet the requirements of the SOL's. Many schools in the state
lack adequate resources to develop and implement such a program. In addition to
state support, the Center ~s actively seeking corporate partners for th~s technology
~nitiabve that w~ll assist w~th the needs of the schools. By taking the programs state-
wide, the Center is able to take advantage of economies of scale and reduce the
cost per student. The Center's education staff will coordinate w~th other ~nstitutions
to present "traveling exhibibons" designed to provide students opportunities for
direct observabon of paintings, drawings, sculptures, art~facts or other objects. We
also propose to electronically export the Teacher Institute state-wide thus offering
educators ~n remote counbes and underfunded school d~stricts the opportunity to
benefit. Funding from the legislature will allow the Center to promote and
coordinate the expanded program, make the necessary investment in technology
and training and augment the educabon staff.
11 FUNDING FOR CORPS OF ENGINEERS STUDY OF KERR RESERVOIR:
Virginia Beach is requesbng the General Assembly to provide funding ~n the
Department of Environmental Quality (DEQ) 2003 budget for a Corps of Engineers
Study of Kerr Reservoir.
Kerr Reservoir is a flood control reservoir owned by the federal government and
operated by the Corps of Engineers. It is ~mmed~ately upstream from Lake Gaston
which ~s owned by Dominion Resources (formerly VA Power). Water released from
Kerr Dam consbtutes more than 90 percent of the average flow in and out of Lake
Gaston V~rgin~a Beach and Chesapeake have storage rights in Kerr Reservoir,
which are used dunng certain dry periods to mitigate the effects of our water
withdrawals from Lake Gaston
Dominion Resources' Federal Energy Regulatory Commission (FERC)licence to
operate Lake Gaston hydro power facdities is up for renewal. Because releases
from Kerr Reservoir constitute most of the inflow and outflow from Lake Gaston,
many ~ssues that the environmental resource agencies want to address in
Dominion's re-I~censing procedure are ~ssues that can only be resolved by
operabonal changes at Kerr Dam. The legal and procedural tool that the Corps uses
to dec~de whether any such changes should be made ~s a federal "216 Study." The
Corps has completed an ~n~tial reconnaissance phase of th~s study and has decided
to proceed w~th a more detaded phase, known as the Feasibility Study Esbmates
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
put the cost of th~s study at about $2 mill~on over three years. Fifty percent of the
funding must come from non-federal, local sponsors.
Local sponsors play a s~gn~flcant role in the scoping and steering of 216 studies.
North Carolina has agreed to be a local sponsor. Although Kerr Dam ~s mostly in
Virginia, all of ~ts water ultimately flows to North Carolina. North Carolina will protect
the interests of North Carolina c~tizens ~n the 216 Study. However, only V~rgin~a can
protect the interests of the V~rg~nia cibzens who live around Kerr Reservoir and Lake
Gaston, and depend upon them for water supply.
During the 2001 General Assembly, the State Water Commission recommended
that $100,000 be added to the DEQ FY 2002 budget for the first year participation,
but the DEQ's budget was not amended in 2001. Efforts will be made again in the
2002 General Assembly to ~nclude the money ~n DEQ's FY 2003 budget.
REQUEST'
Virginia Beach has been working to insure that Virginia participates ~n the 216 Study
on an equal bas~s with North Carolina. The State Water Commission recommended
that $100,000 be added to the DEQ FY 2002 and FY 2003 budgets for each year
of participation Therefore, the City ~s asking the General Assembly to help insure
that funding for Virginia's partic~pabon ~n the 216 Study is included in the DEQ's FY
2002 and FY 2003 budgets.
12. FUNDING FOR THE CONVENTION AND VISITOR DEVELOPMENT:
V~rginia Beach hosted it's ~naugural Rock-n-Roll Half Marathon over the Labor Day
weekend 2001. Over 15,000 runners were ~n attendance and the entire event drew
over 100,000 spectators Many of the marathon runners were from out of the area
and utd~zed V~rgin~a Beach and other Hampton Roads hotel/motel accommodations.
The 13 bands playing at remote stages along the route and the family atmosphere
generated by the event helped Virginia Beach move towards the goal of offering
"Good... Clean.. Fun". Addibonal financial support from the State ~s requested.
REQUEST.
The General Assembly is requested to provide $200,000 to help defray the cost of
the Rock-n-Roll Half Marathon on Labor Day 2002 to promote convention and visitor
development. State funds will allow us to attract even more runners and fill more
hotel/motel facilities throughout the Hampton Roads region. Th~s investment will
pay off handsomely for the State ~n ~ncreased taxes.
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13.
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
FUNDING FOR LOCAL/REGIONAL SOL TEST SCORING SITES.
The current requirement to have the SOL's scored in Texas requires at least a
month between administering the tests and receiving ind~wdual results and 4-5
months to receive the important d~v~sional data This delays results prevenbng them
from being returned prior to the end of school. Results are needed by the end of
the year to ensure students receive necessary remedial studies, such as summer
school, as well as to allow school divisions to make necessary changes to their
curriculum and provide mentoring to teachers.
Although progress has been made in moving SOL test administration towards the
end of the year, the four to s~x weeks between current adm~nistrabon of most tests
and the end of the year has created a v~rtual "academic wasteland" during the final
month. With the focus and motivabon so geared to SOL success, it is very d~fficult
to achieve significant academic progress after the tests are administered. Local
scoring would provide more timely results.
Furthermore, while state funding for these local/regional SOL test sconng facdities
should be prowded in the state budget, we feel d~visions should be authorized to
move forward using available local funds.
REQUEST:
The General Assembly is requested to enact legislabon directing the Department
of Education to immediately authorize school divisions to, indiwdually or collectively,
establish local or regional sconng centers for SOL test scoring subject to thorough
but reasonable oversight ~n terms of process audit.
The General Assembly is also requested to provide funds for these local/regional
SOL test scoring facd~bes, however, we request d~visions be authorized to move
forward using avadable local funds.
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
B. NON-FUNDING ISSUES
SUPPORT FOR INCLUSION OF "SEXUAL ORIENTATION" IN ANY PROPOSED
"HATE CRIMES" LEGISLATION.
Under the current State Code, there are enhanced penalties for certain crimes if the
person who commits the crime selects h~s or her vicbm because of the wctim's race,
religious conwcbon, color, or nabonal origin These crimes are generally referred
to collectively as "hate cr~mes" Dunng ~ts 1998 and 1999 Sessions, the General
Assembly considered, but did not adopt, several bills which, if adopted, would have
expanded ex~sting "hate crimes" legislation to ~nclude any vicbm selected because
of his or her sexual orientation.
REQUEST:
The V~rg~n~a Beach C~ty Councd believes that any criminal who selects his or her
wctim s~mply because of the victim's sexual orientation should also be subject to
enhanced penalbes. Therefore, the Council supports the inclusion of "sexual
or~entabon" ~n any "hate crimes" legislabon considered by the General Assembly
during ~ts 2002 Session
IMPROVEMENTS FOR PROCESSING PRORATED PERSONAL PROPERTY
TAXES:
At th~s bme, the Code requires that the taxpayer be given the opbon of a refund or
a credit when the taxpayer d~sposes of a vehicle after the personal property tax has
been paid, even ~f the taxpayer already owes the locality taxes on another vehicle
or other property. By deleting the words "at the option of the taxpayer" from § 58.1-
3516, localities can use prudent business management decisions ~n crediting other
outstanding amounts owed. If all outstanding amounts owed are sabsfied, a refund
can then be processed.
REQUEST:
The request ~s for the General Assembly to amend The Code of Virginia, §58 1-
3516 to delete "at the option of the taxpayer" as spelled out below:
When any person sells or otherwise transfers btle to a motor
vehicle, trailer, semitrailer, or boat with a s~tus in the locality
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
after the tax day or situs day, the tax shall be relieved prorated
on a monthly bas~s, and the appropriate amount of tax already
pa~d shall be refunded or credited,
iii. ti l~ q.~F./tlq./I I ~l../I ti I~:~
~ against the tax due on any motor veh]cle, trailer,
semitrader, or boat owned by the taxpayer dunng the same tax
year by the treasurer of such locality. Such refund shall be
made within thirty days of the date such tax ~s relieved No
refund of less than five dollars shall be ~ssued to a taxpayer,
unless specifically requested by the taxpayer.
3. SUPPORT FOR CONNECTION FEE PAYMENTS AND ATTORNEYS' FEES:
The C~ty requested and received the support of the General Assembly last year to
recover attorneys' fees when taking legal action to compel property owners to pay
water and sanitary sewer fees. Currently, the City ~s unable to use the legislative
amendment to collect attorneys' fees on legal actions initiated to require a property
owner to physically connect to the ublity system There is no penalty to the property
owner for holding out unbl ordered by the court to pay and connect. Therefore, the
City must ~ncur the attorney fees. The C~ty requests two amendments to the State
Code in order that the City may recover attorneys' fees when the we take legal
action to compel a property owner to comply with mandatory connection to the
public water and sanitary sewer ublity system.
REQUEST.
The request is for the General Assembly to amend The Code of Virginia, §15.2-
2122 (7) to add the following sentence to the end of the subsecbon:
"When legal action is required to compel a property owner
to comply with any mandatory connection ordinance, then
a locality shall be entitled to recover its reasonable
attorneys' fees in any action to compel such connection."
The request is for the General Assembly to amend The Code of Virginia, §15.2-
2143 to add above language to the end of the first unnumbered paragraph of the
statute.
4 ABANDONED NONCONFORMING SIGNS'
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
Abandoned nonconforming s~gns must be made to conform with current zoning
regulations w~th~n two years Th~s ~s much too long a period of time. The City's
request is that this be amended to a s~x month time per~od.
REQUEST:
The request is for the General Assembly to amend The Code of Virginia, §15.2-
2307 as follows.
Vested rights not impaired; nonconforming uses. -- A
zoning ordinance may provide that land, buddings, and
structures and the uses thereof which do not conform to the
zoning prescnbed for the d~stnct in which they are situated may
be continued only so long as the then existing or a more
restncted use continues and such use ~s not disconbnued for
more than two years, or in the case of nonconforming
signs, six months, and so long as the buildings or structures
are maintained ~n their then structural condition, and that the
uses of such buddings or structures shall conform to such
regulabons whenever they are enlarged, extended,
reconstructed or structurally altered and may further provide
that no nonconforming building or structure may be moved on
the same lot or to any other lot which is not properly zoned to
permit such nonconforming use.
5. BOARDS OF ZONING APPEALS TO BE CREATED:
Currently when regular members of the Board of Zoning Appeals (BZA) attend a
meeting and they must abstain from vobng on an ~ssue, the required number of
vobng members ~s not reached. The City's request would be to amend the code to
allow an alternate member of the BZA to vote on an application whenever a regular
member must abstain.
REQUEST:
The request ~s for the General Assembly to amend The Code of Virginia, §15.2-
2308 as follows.
Boards of zoning appeals to be created; membership,
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
organization, etc. -- A regular member when he knows he
will be absent from or will have to abstain from any
application at a meeting shall notify the chairman twenty-four
hours prior to the meebng of such fact. The chairman shall
select an alternate to serve ~n the absent member's place and
the records of the board shall so note. Such alternate
member may vote on any application in which a reqular
member abstains.
6 TREE CONSERVATION ORDINANCE.
The public at large and certainly in Virginia Beach have begun to recognize that
certain trees have outstanding value. However, under ex~sbng tree protection
ordinance we are not able to designate species as being worthy of protection. The
City's request ~s to allow designated species "Designated species" shall mean any
species of tree which has been designated by the local governing body to have
notable h~storic, cultural or aesthetic value to a specific area.
REQUEST:
The request ~s for the General Assembly to amend The Code of Virginia, §15.2-
2308 as follows:
Tree conservation ordinance; civil penalties.- The
governing body of any county, city or town may adopt a tree
conservation ordinance regulabng the preservation and
removal of hentage, specimen, memonal, designated species
and street trees, as defined under subsection B of th~s section,
when such preservation and removal are not commercial
s~lwcultural or horticultural activ~bes, ~ncluding but not I~m~ted to
planbng, managing, or harvesting forest or tree crops. Such
ordinance shall consider planned land use by the property
owner, may include reasonable fees for the adm~n~strabon and
enforcement of the ordinance and may provide for the
appointment by the local governing body of an administrator of
the ordinance.
7 SOLID WASTE ORDINANCE VIOLATION'
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
Currently localities may require sol~d waste to be d~sposed of ~n an environmentally
and otherwise acceptable manner. However, under existing code only penalbes for
the unauthorized use of or failure to use such facd~ties can be charged The C~ty's
request is to allow the ~mpos~t~on of civil penalties for not using designated facilities
provided by the public or private sector for the purpose of disposal of garbage or
recyclable material
REQUEST:
The request is for the General Assembly to amend The Code of Virginia, § 15.2-928
as follows:
Local recycling and waste disposal; powers; penalties --
Any locality may (i) provide and operate, w~thin or outside its
boundaries, sol~d waste management facilities and
appurtenances for the collection, management, recycling and
d~sposal of solid waste, recyclable materials, and other refuse
of the residents and businesses of the locality; (~) contract w~th
other Iocal~bes to provide such services jointly; (~) contract w~th
others for supplying such services; (iv) contract w~th any
locality or agency of the Commonwealth to provide such
services for e~ther entity; (¥) prohibit the d~sposal of garbage or
recyclable materials in or at any place other than that provided
by the public or private sector for the purpose; (v~) charge and
collect compensabon for such services, (vii) prowde penalties,
including civil penalties, forthe unauthorized use of or failure
to use such facilities; and (w~) grant incentwes to encourage
recycling. Forthe purposes of this secbon, recyclable materials
shall be those materials idenbfled ~n a plan adopted pursuant
to §10 1-1411 and regulations promulgated thereunder.
Nothing in this secbon shall invalidate the acbons of any
locality taken prior to enactment of th~s secbon Nothing in this
secbon shall be construed as prohibiting any generator of
recyclable materials from selling, conveying or arranging for
transportation of such materials to a recycler for reuse or
reclamation, nor prevenbng a recycling company or nonprofit
enbty from collecting and transporting recyclable materials
from a buy-back center, drop box or any generator of
recyclable materials
-18-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
LOCALITY MAY PROVIDE FOR REMOVAL OR DISPOSAL OF TRASH, CUTTING
OF GRASS AND WEEDS'
Under exisbng code {}15.2-901, the City may prescribe charges against property
owners for the removal of trash, cutbng of grass and weeds, etc. The City desires
to have the abdity to assess c~vil penalties as prescribed by law for wolabons of
ordinances prohibiting the overgrowth of weeds, grass and other vegetation or the
accumulation of trash
REQUEST:
The request ~s for the General Assembly to amend The Code of Virginia, §15.2-901
as follows.
Locality may provide for removal or disposal of trash,
cutting of grass and weeds; penalty in certain counties. --
Any locality may, by ordinance, provide that:
.
The owners of property therein shall, at such bme or
bmes as the governing body may prescribe, remove
therefrom any and all trash, garbage, refuse, I~tter and
other substances which m~ght endanger the health or
safety of other residents of such locality; or may,
whenever the governing body deems ~t necessary, after
reasonable nobce, have such trash, garbage, refuse,
I~tter and other I~ke substances which m~ght endanger
the health of other residents of the locality, removed by
~ts own agents or employees, in which event the cost or
expenses thereof shall be chargeable to and paid by
the owners of such property and may be collected by
the locality as taxes are collected;
Trash, garbage, refuse, litter and other debris shall be
disposed of ~n personally owned or privately owned
receptacles that are provided for such use and for the
use of the persons d~sposing of such matter or in
authorized facilities prowded for such purpose and ~n no
other manner not authorized by law,
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
o
The owners of vacant developed or undeveloped
property therein, .nclud,ng such property upon which
buildings or other ~mprovements are located, shall cut
the grass, weeds and other foreign growth on such
property or any part thereof at such time or times as the
governing body shall prescribe, or may, whenever the
governing body deems ~t necessary, after reasonable
not~ce as determined by the locality, have such grass,
weeds or other foreign growth cut by its agents or
employees, ~n which event the cost and expenses
thereof shall be chargeable to and paid by the owner of
such property and may be collected by the locality as
taxes are collected. In a locality w~th~n Planning D~strict
8, an ordinance adopted pursuant to th~s subdivision
may also apply to owners of occupied property therein.
No such ordinance adopted by any county shall have
any force and effect within the corporate limits of any
town. No such ordinance adopted by any county hawng
a density of populabon of less than 500 per square mile
shall have any force or effect except within the
boundaries of platted subdivisions or any other areas
zoned for residential, business, commercial or ~ndustnal
use,
Every charge authorized by this section w~th which the
owner of any such property shall have been assessed
and which remains unpaid shall constitute a lien against
such property ranking on a panty w~th I~ens for unpaid
local taxes and enforceable in the same manner as
provided ~n Articles 3 (§ 58.1-3940 et seq.) and 4 (§
58.1-3965 et seq.) of Chapter 39 of Title 58 1. A locality
may waive such hens in order to facilitate the sale of the
property. Such liens may be waived only as to a
purchaser who is unrelated by blood or marriage to the
owner and who has no bus~ness assoc~abon w~th the
owner All such liens shall remain a personal obligation
of the owner of the property at the time the liens were
imposed.
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.
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
Any locality may, by ordinance, prescribe c~vil penalties
for wolations of any ordinance adopted pursuant to th~s
section.
9 PROCUREMENT OF PROFESSIONAL SERVICES'
Under current code, Iocal~bes are unable to authorize mulb-phase contracts w~th
professional services as VDOT is allowed to do, typically architectural or
engineering services for construction or ~nfrastructure projects Most construction
or ~nfrastructure projects require an initial assessment of the project, design work,
and later changes based on condibons encountered dunng construcbon Spl~tbng
such a project ~nto separate p~eces and bidding ~t out step-by-step for architectural
and engineering services is extremely inefficient and adds to the total cost of the
project without any added value to the taxpayer.
REQUEST
The request ~s for the General Assembly to amend The Code of Virginia, [}2 2-4301
to allow any public body, not just the Department of Transportation, to allow for
mulbphase professional services contracts as spelled out below:
Mult~phase professional services contracts satisfactory and
advantageous to the ,-,A__.,___, _, ~- ...... .,_,.A_
~,o~,o,~,,,o,,, ,.,, ,,o,,o~,~,,,oL,,.,,, public
body for enwronmental, location, study, design artd o_r
inspecbon work regarding hi~,hways and, brld~,.3~s construction
or infrastructure projects may be negobated and awarded
based on a fair and reasonable price for the first phase only,
when complebon of the earlier phases ~s necessary to provide
informabon cnbcal to the negotiation of a fair and reasonable
price for succeeding phases.
10. MUNICIPAL RECREATION DEED RESTRICTION:
The General Assembly agreed to sell all the land outside the ma~n post at Camp
Pendleton to the City a number of years ago Much of the property was sold with
a Municipal Recreation Deed restriction The City is interested ~n entering into a
public/private partnership for the improvements to the Red Wing Golf Course.
However, the State Attorney General's Office has been unable to provide us a
definitive op~n~on on whether a public/private partnership to develop the golf course
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
is in keeping with the Municipal Recreation Deed restriction
REQUEST:
The General Assembly ~s requested to clarify that a public/private partnership plan
of improvement to the Red Wing Golf Course is ~n keeping w~th the Municipal
Recreabon Deed restricbons.
11. POST LABOR DAY OPENING FOR VIRGINIA BEACH'
The V~rginia Beach tourism industry provides our City with $630 million per year in
tourism spending. Hampton Roads receives $1.3 million from VIrg~nia Beach's
tourism. Starting schools in V~rg~nia Beach and other Iocal~bes ~n the
Commonwealth prior to Labor Day would have significant financial consequences
~n the long term. Beginning schools prior to Labor Day would eliminate two weeks
in August, prime famdy vacabon time, which cannot be replaced. If the V~rginia
Beach school system begins before Labor Day and other localities follow our lead
~t will have a negative effect on the economic ~mpact of the tourism ~ndustry To a
lesser extent this wdl also have an ~mpact on this ~ndustry by affecting the labor pool
available during this bme frame
REQUEST'
The General Assembly is requested to maintain the ex~sting leg~slabon concerning
post Labor Day opening of schools. This allows all schools to open after Labor Day
except those g~ven exemptions by the State Board of Educabon.
12. CONFLICT OF INTEREST ACT:
The ex~sbng Conflict of Interest Act ~s vague and confusing. Because of this
vagueness, Councdmembers are forced to abstain on votes because of the unclear
direction and ~ntent of the act.
REQUEST.
The General Assembly is requested to form a study commission made up of state
and local government officials, local government attorneys, and others for the
purpose of reviewing the Conflict of Interest Act to identify problems encountered
~n ~ts ~nterpretabon, to idenbfy ~ssues not sufficiently addressed in the Act, and to
propose clar~flcabons to the Act for presentabon to the 2003 General Assembly
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
13. SOUTH HAMPTON ROADS COALITION ON AGING'
The C~ty Councd supports issues dealing with state government presented by the
South Hampton Roads Coal~bon on Aging The General Assembly ~s requested to
fund the following programs requested by the Coalition:
a.
Nurses and Nurse' A~des Development of new plans to retain and ~mprove
the working conditions and wages of Registered Nurses (RN), L~censed
Practical Nurses (LPN) and Certified Nurses Aides (CNA). CNA's, the
persons most responsible for hands-on care ~n long-term care facilities and
home health agencies, have a 75 percent annual turnover rate The work ~s
labor intensive, and the pay is at or only slightly above minimum wage
CNAs wdl quit to take a job that does not require as much physical labor,
offers even $.15 more per hour, has regular hours, (8-5), and requires no
travel.
REQUEST:
1)
Nurses and Nurses' A~des: Raise Medicaid reimbursement rates for
all long-term care and direct that the Certified Nurses A~des (CNA)
wage be increased
2)
H~re NO convicted felons' Complete a nabonal criminal check on all
candidates for CNA pos~bons in the hospital and long-term care
settings.
b.
Caregiver's Grant: Increase the Virginia Careg~vers Grant program payments
to $1,000 per year An increase in the Careg~ver Grant payment would allow
more families to keep their relatives at home and would decrease the
number of seniors placed in assisted living fac~l~bes and nursing homes.
Currently, relabves who care for their loved ones at home are eligible to
apply for a $500 grant NO funds were appropriated ~n FY 2001.
REQUEST.
Increase the V~rg~nia Caregiver Grant payment to $1,000 per year and fully
fund each eligible applicant.
c. Prescription Drugs Development of new plans to finance prescription drugs
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
for the elderly. The inability of a large segment of the elderly populabon to
afford the prescripbon medications they need is a growing threat to their
health and well being.
REQUEST.
1)
Develop and implement a "Prescription Drugs Only" component of
Medicaid for m~ddle ~ncome elderly and disabled. Available
medicabons would be the same as are available to Medicaid
recipients. The "buy ~n" aspect of the program would entad a monthly
premium and a co-pay for each prescripbon Th~s program would be
s~milar ~n concept to the current Medicaid program to cover children
of the working poor. The "Prescripbon Drugs Only" would cover a
populabon not traditionally served by Medicaid, (such as the chddren
of the working poor), but needing assistance to maintain their health
2)
Partner w~th a local pharmacy to prowde a formulary of the most
frequently used prescription drugs and make them available to the
elderly at the lowest cost Part~cipabng pharmacies could be offered
some sort of financial incenbve, i.e., real estate tax considerabon.
3)
Establish programs to educate both local physicians and area older
adults on current pharmaceubcal companies' programs. Opbons can
~nclude broadcasbng on public access stabons, prowd~ng seminars at
sen~or centers and housing s~tes for the elderly, and distnbuting
brochures to area sen~ors and physicians.
d.
Income Tax Check-Off Box: Increase resources necessary to fund programs
and services for the elderly. In Virginia alone, overS19 mill~on ~s needed and
documented to meet the unmet needs of the elderly.
REQUEST:
Establish a check-off box on state ~ncome tax filing forms to designate $5.00
of taxes to meet the growing needs of the elderly. Currently there are
rotating charities or state offices included at the end of the form w~th a check-
off box to contribute toward particular causes or agencies.
F~nancial Explo~tabon of the Elderly: Include employees of financial
-24-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
~nst~tutions as mandated reporters. The financial restitution employees may
have early, and often the only, knowledge of ongoing financial abuse of
vulnerable adults and should therefore be included as mandated reporters.
REQUEST:
Expand The Code of V~rgin~a, [}63.1-55.3 to include financial ~nstitutions as
mandated reporters. The law currently provides c~vd and criminal I~abil~ty
protection for mandated reporters.
14 REGIONAL INCENTIVE ACT
The Regional Incenbve Act Program was established by the General Assembly a
number of years ago. The purpose of the act was to encourage regional
cooperation and regional planning. The Hampton Roads Partnership was created
through the Act and receives its funding from the Act. However, funding for the
Regional Incentive Act has been decreased over the last two years. Full funding of
the Act is requested
REQUEST:
The General Assembly ~s requested to fully fund the Regional Incentive Act so that
all regions of the state can receive the same amount of funding they received prior
2000, fiscal year 2001. The General Assembly is also requested to ~ncrease the
funding as the Commonwealth's financial condition ~mproves.
15. NEW APPROACHES TO MOVING PEOPLE
Recent changes to communications and positioning technology wdl enable us to
assess our current transportabon systems and tie them ~nto a more convenient and
efficient network. We are particularly interested ~n moving people from their homes
to and from work, medical fac~l~bes, and social acbwbes. This ~s especially
~mportant in light of the cut backs by HRT ~n the Hand~-Ride service Our current
system ~ncludes the HRT bus system and ~ts van pool system, taxi system,
volunteer organizabons that provide transit, and faith based organizations moving
citizens By providing a central communicabons network and Global Positioning
Satellite (GPS) technology, any group w~th the appropriate equipment can log-on
to the system to help people requesting transportation. We also need to provide
relief from the I~abdity of I~bgabon to volunteer organizations who prowde these
transit services.
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
REQUEST:
The General Assembly ~s requested to perform a study on new approaches to
mowng people through mass transit and volunteer organizabons The study would
examine exisbng communication systems, how new and emerging technologies can
be incorporated into those systems, and how volunteer organizations can ubl~ze
such technology The liabd~ty ~ssue for the volunteer organizations providing
transportabon should also be ~ncluded in this study
-26-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
C. PUBLIC SAFETY ISSUES
1 AMEND STATE CODE REGARDING ELUDING POLICE'
State Code §46.2-817 (eluding police) was changed as of July 1, 2000
Unfortunately, the penalty secbon of th~s code only prowdes that ~f convicted under
this section, the driver's license of the offender may be suspended for periods of 30
days to one year, however, ~f speeds were more than 20 miles over the posted limit
it becomes mandatory that the suspension be ~ssued. We request that all eluding
police convictions carry a mandatory license suspension Th~s may easdy be
done by delebng the word "may" and subsbtuting "shall" as shown below.
State Code {}46.2-817. D~sregard~ng signal by
enforcement officer to stop; eluding police, penalbes.
law-
C
When any person convicted of a m~sdemeanor under
th~s secbon, ~n add~bon to the other penalbes prowded
~n th~s section, the driver's license of such person rrvay
shall be suspended by the court for a period of not less
than thirty days nor more than one year. However, in
any case where the speed of such person is determined
to have exceeded the maximum allowed by twenty
m~les per hour, h~s driver's I~cense shall be suspended
by the court for a penod of not less than ninety days.
2. APPROVED EQUIPMENT:
Currently all equipment authorized for use on vehicles, ~ncluding
emergency vehicles, must be approved by the Supenntendent of
State Police Th~s process delays the procurement and use of the
latest technology by law enforcement officers. We request the code
be amended to allow jurisd~cbons (localities in excess of 400,000
population) the option of approwng and purchasing the latest
technology without waiting for State Police approval We request the
following code be amended as shown:
§46.2-1005. Procedure for approval of equipment -- The
Supenntendent may establish a procedure for the approval of
equipment required to be approved by him. Such procedure
shall include the submission of a sample of the device for test
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
and record purposes, submission of ewdence that the dewce
complies w~th th~s title and with recognized tesbng standards
which the Superintendent ~s hereby authorized to adopt, and
payment of the fee as prowded by §46 2-1008. The
Supenntendent shall then, w~thin a reasonable time, either
d~sapprove the device or ~ssue a certificate of approval therefor
The Superintendent, Chief of Police or Sheriff of any locality
havinq a population of 400,000 or more persons, may waive
such approval and the ~ssuance of a certificate of approval
when the device or equipment required to be approved by th~s
title ~s identified as complying with the standards and
specifications of the Society of Automotive Engineers, the
American National Standards Institute, Incorporated, or the
regulations of the federal Department of Transportation, or is
currently in use by large metropolitan, state or federal law
enforcement agencies.
3 DEFINITION OF SPORT UTILITY VEHICLE
Presently no defin~bon is in State Code defines a Sport Ubl~ty Vehicle (Blazer,
Bronco, Trooper, etc.) exactly. Most do not fit ~nto the "truck" category as most do
not weigh at least 7,500 pounds, but are more closely related to pickups and are
often on a p~ckup chassis. Additionally, four-door short bed pickups are designed
for transportabon of both persons and property. We request that the definition of
such be amended as shown below:
c:346.2-100. Definitions --"Pickup, or panel truck or sport
utility vehicle" means every motor vehicle designed for the
transportabon of persons and property and having a
registered gross weight of 7,500 pounds or less
-28-
Community Legislative
Agenda
Addendum - Public Safety Issues
The City of Virginia Beach
2002
General Assembly Session
October 31, 2001 (Prepared)
TABLE OF CONTENTS
Draft Rev 10/31/01
ADDENDUM - PUBLIC SAFETY ISSUES
1. Amend State Code Dealing with Team policing and Traffic Infractions
2. DUI Arrest W~thout Warrant
3 Non-Standard Equipment
4 Juvende Records
5. Interference w~th Public Safety Workers
6. Oversize/Permitted Vehicles or Loads
7. Over-Height Vehicles
8. Slow Vehicle Warning
9 Escort Drivers and Vehicles
10. Testing for DUI
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
ADDENDUM -- PUBLIC SAFETY ISSUES
The following items are endorsed by the Virginia Beach C~ty Councd but not
included as part of our Community Legislative Agenda proposal to the
V~rg~nia Beach General Assembly Delegation
,
AMEND THE STATE CODE DEALING WITH TEAM POLICING AND
TRAFFIC INFRACTIONS:
Presently, state code only specifically authorizes officers, who d~d not
observe the actual wolation, to stop and t~cket offenders for red I~ght
wolations and speeding upon receipt of a radio transmission from the
officer observing the wolation ([}[}46.2-833 & 46.2-882). Present
traffic volume, especially in heawly populated jurisdicbons, and the
way h~ghways are now being constructed, make ~t extremely d~fficult
for single officers to position themselves and their vehicles at a place
where they can both observe infracbons and then be able to exit the
location ~n order to stop the wolator While the "team" policing
concept has been recognized in other states, only certain judges in
Virginia Beach wdl allow this action. We request that the legislature
specifically expand the authority granted under {}46.2-833 and {}46.2-
882 to ~nclude all traffic charges punishable as misdemeanors and
traffic infracbons This would allow officers more flexibility ~n c~bng
wolators, other than red light v~olators and speeders, by allowing an
officer to transmit the violation to another officer who could make the
actual stop and bcket the offender for the officer who observed the
actual offense.
We would suggest that §§46.2-102 and 19 2-81 be amended as
follows:
[}46 2-102. Enforcement by law enforcement officers, officers
to be uniformed; officers to be pa~d fixed salaries.- State
police officials and law enforcement officers of every county,
city, town or other political subdivision of the Commonwealth
shall enforce the provisions of th~s btle punishable as felonies,
misdemeanors, or traffic ~nfractions. Additionally,
notwithstanding {}52-22, state police officers may enforce local
ordinances, adopted under subsecbon G of {}46.2-752,
requ~nng the obtaining and d~splay~ng of local motor vehicle
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
I~censes. F~fty percent of the revenue collected from such
enforcement shall be remitted to the locality to the Department
of State Police and d~sposed of by the Department to cover its
cost of operation. Every law enforcement officer shall be
uniformed at the time of the enforcement or shall display his
badge or other sign of authority. The driver of any motor
vehicle may be arrested without a warrant under this
section if the arresting officer is in uniform or displays his
badge of authority and if he observed the offense, or has
received a radio message from the officer who observed
the offense. All officers making arrests incident to the
enforcement of this title shall be paid fixed salaries for their
services and shall have no ~nterest in, nor be permitted by law
to accept any benefit of, any fine or fee resulbng from the
arrest or convicbon of an offender against any provision of this
title.
We believe that secbon § 19.2-81 may also need to be changed to coincide w~th the
requested change in §46.2-102
§19.2-81 Arrest without warrant authorized ~n certain cases. -- The following
officers shall have the powers of arrest as prowded ~n this secbon'
!
.
.
o
.
.
Members of the State Police force of the
Commonwealth,
Sheriffs of the various counbes and cibes, and their
deputies,
Members of any county police force of any duly
constituted police force of any c~ty or town of the
Commonwealth.
The Commissioner, members and employees of the
Manne Resources Commission, granted the power of
arrest pursuant to {}28.2-900,
Regular game wardens appointed pursuant to {}29.1-
200,
Un,ted States Coast Guard and United States Coast
Guard Reserve commissioned, warrant, and petty
officers authorized under §29.1-205 to make arrests,
and
-2-
o
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
The special policemen of the counties as provided by
{}15.2-1737, provided such officers are ~n uniform, or
d~splay~ng a badge of office.
Such officers may arrest, without a warrant, any person who
commits any crime ~n the presence of the officer, or any
person who commits a violation of section §46,2 of the
state code if an officer has received a radio message from
the officer who observed the violation, or any person whom
he has reasonable grounds or probable cause to suspect of
having committed a felony not in his presence.
2 DUI ARREST WITHOUT WARRANT:
State Code does not specifically authorize the release of a person arrested for
driving under the ~nfluence on a summons. Th~s places law enforcement at a
severe disadvantage should the person arrested for dr~ving under the ~nfluence or
refusal to take a blood or breath test, be required to remain at a hospital or medical
facility. We request that the code be changed to allow release of a person charged
w~th driving under the ~nfluence, or refusal to take a blood or breath test, on a
summons. We request the following codes be changed as follows:
§19.2-81. Arrest without warrant authorized in certain cases
-- The following officers shall have the powers of arrest as
provided in this secbon
o
.
.
.
Members of the State Police force of the
Commonwealth,
Sheriffs of the various counties and c~bes, and their
depubes,
Members of any county police force of any duly
constituted police force of any city or town of the
Commonwealth.
The Commissioner, members and employees of the
Manne Resources Commission granted the power of
arrest pursuant to {}28.2-900,
Regular game wardens appointed pursuant to [}29.1-
200,
Un~ted States Coast Guard and United States Coast
-3-
.
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
Guard Reserve commissioned, warrant, and petty
officers authorized under §29.1-205 to make arrests,
and
The special policemen of the counties as provided by
§15.2-1737, provided such officers are in un~form, or
displaying a badge of office.
Such officers may arrest, without a warrant, any person who
commits any crime ~n the presence of the officer, or any
person who commits a violation of section §18.2-266 of
the State Code, or similar local ordinance, if an officer has
received a radio message from the officer who observed
the violation, or any person whom he has reasonable grounds
or probable cause to suspect of having committed a felony not
in his presence.
§18.2-266. Driving motor vehicle, engine, etc, whde
~ntox~cated, etc. m It shall be unlawful for any person to drive
or operate any motor vehicle, engine or train 0) while such
person has a blood alcohol concentrabon of 0.08 percent or
more by weight by volume or 0.08 grams or more per 210 I~ters
of breath as ~nd~cated by a chemical test administered as
provided ~n this article, 0i) while such person ~s under the
influence of alcohol, (iii) while such person is under the
~nfluence of any narcobc drug or any other self-administered
intoxicant or drug of whatsoever nature, or any combination of
such drugs, to a degree which impairs his abd~ty to drive or
operate any motor vehicle, engine or train safely, or 0v) while
such person is under the combined ~nfluence of alcohol and
any drug or drugs to a degree which ~mpairs h~s ability to drive
or operate any motor vehicle, engine or train safely. A charge
alleging a violation of th~s section shall support a conwct~on
under clauses 0), 01), (H~) or (iv).
Any person arrested for driving under the influence after
being transported to a hospital or medical facility, as a
result of an automobile collision, may be released by a
police officer on a summons for the offense of driving
under the influence.
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
For the purposes of this section, the term "motor vehicle" includes mopeds, whde
operated on the public highways of th~s Commonwealth.
(Code 1950, §18.1-54; 1960, c 358; 1975, cc.)
3. NON-STANDARD EQUIPMENT'
Certain equipment is being added to motor vehicles (such as n~trous oxide
canisters) whose sole reason ~s to enhance the performance capabdities of the
vehicle beyond the manufacturers spec~flcabons and safety design. This equipment
~s used primarily for the purpose of racing on the h~ghways. We request the code
be amended to make alteration of, or addition to, the fuel system by any outside
components dlegal. We also request that vehicles found to be in violation of th~s
secbon would have their reg~strabon suspended untd brought back ~nto compliance.
We request the code be amended as follows:
[}46 2-1000. Department to suspend reg~strabon of vehicles
lacking certain equipment; officer to take possession of
reg~strabon card, license plates and decals when observing
defect in motor vehicle; when to be returned
The Department shall suspend the registration of any motor
vehicle, trailer, or semitrader which the Department or the
Department of State Police determines is not equipped w~th
proper 0) brakes, (ii)I~ghts, (ii0 horn or warning device, 0v) turn
signals, (v) safety glass when required by law, (vi) mirror, (vii)
muffler, (v~) w~ndshield w~per, (ix) steenng gear adequate to
ensure the safe movement of the vehicle as required by this
title (x) or is equipped with fuel system alterations or
additions which allow introduction of outside combustible
agents, or when such vehicle is equipped with a smoke screen
device or cutout or when such motor vehicle, trailer, or
semitrailer is otherwise unsafe to be operated.
4. JUVENILE RECORDS:
Applicants for law enforcement positions are subject to stnngent background
invesbgations prior to employment. Due to the nature of law enforcement, and the
responsibdities that are associated with it, the public must know that law
-5-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
enforcement administrators have done everything possible to screen potential
employees Unfortunately, current state code prevents the examination of criminal
records that were adjudmated when the persons were minors. We request that
State Codes §§ 16.1-305 and 16.1-306 be amended to allow review of these records
by representabves of law enforcement if the individual has applied for a law
enforcement position Our requested changes are as follows:
§ 16.1-305. Confidentiality of court records. --
.
Any other person, agency or institution, by order of the
court, having a legitimate interest ~n the case or in the
work of the court; however, for the purposes of
preparation of a pre-sentence report upon a finding of
gudty in a c~rcu~t court or for the preparation of a
background report for the Parole Board, adult probation
and parole officers, ~nclud~ng Un~ted States Probabon
and Pretrial Services Officers, shall have access to an
accused's or ~nmate's records in juvende court and for
the purpose of preparing the discretionary sentencing
guidelines worksheets as directed bythe court pursuant
to subsection C of {}19.2-298.01, the attorney for the
Commonwealth and the probation officer shall have
access to the defendant's records in juvenile court
A copy of the court order of d~sposition in a delinquency case
shall be prowded to a probation officer or attorney for the
Commonwealth, when requested for the purpose of calculabng
sentencing guidelines. The copies shall remain confidenbal,
but reports may be prepared using the information contained
there~n as provided ~n §§19.2-298.01 and 19 2-299.
A copy of the court order of disposition in a delinquency
case, as well as all other records maintained by the court,
may be released to a representative of a law enforcement
agency when the individual in the court records has
applied for employment with any city, county, or state law
enforcement agency and the law enforcement
representative has acceptable documentation that an
application has been made for employment in law
-6-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
enforcement by the individual, and a siqned, notarized
release attesting to the same is submitted to the court.
§16.1-306. Expungement of court records.
E.
With the exception of law enforcement applicants,
Upon destrucbon of the records of a proceeding as
provided in subsecbons A, B, and C, the violation of law
shall be treated as if it never occurred. All index
references shall be deleted and the court and law-
enforcement officers and agencies shall reply and the
person may reply to any ~nqu~ry that no record exists
w~th respect to such person.
Gl
Applicants for any position with a law enforcement
aqency shall make known during the application
process, that a juvenile record does exist or did
exist at one time, and be truthful as to the existence
and disposition of such juvenile record. This
information, once disclosed, shall not be
disseminated beyond those making, or assisting, in
the hiring decision for the agency, except as
otherwise provided by law.
5. INTERFERENCE WITH PUBLIC SAFETY WORKERS:
State Code §15 2-1714 was amended to exempt personnel from the ~nformabon
services from the provisions limiting access through police I~nes, penmeters, or
barricades. Unfortunately, the wording specifies that to be in v~olation a person has
to "obstruct" emergency personnel in the performance of their duties and recent
court rulings indicate that "obstrucbon" requires some sort of physical act. Thus,
we now have information services personnel crossing police penmeters and moving
w~th ~mpunity through hazardous areas. They may now film police procedures and
tacbcs, and ~n some cases, have backlit officers ~n concealed positions. We request
that the code be amended as shown below to include "~nterference" with police,
firemen and rescue workers in the performance of their duties.
§15.2-1714. Establishing police I~nes, perimeters, or
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
barricades. -- Personnel from ~nformation services such as
press, radio and television, when gathering news, shall be
exempt from the prowsions of th~s section except that it shall
be unlawful for such persons to obstruct or interfere with the
police, firemen and rescue workers ~n the performance of their
dubes at such scene. Such personnel shall proceed at their
own risk.
6. OVERSIZE/PERMITTED VEHICLES OR LOADS'
Over-d~mens~onal and permitted vehicles and/or loads are being driven on the
roadways without escort and without any warning lights being required. We request
th~s code be amended so all over-dimensional and permitted vehicle and loads be
required to have an amber warning light. We request the following changes:
§46.2-1026. Flashing high-intensity amber warning hghts.-
H~gh-~ntens~ty flashing, blinking, or alternating amber warning
I~ghts visible for at least 500 feet, of types approved by the
Superintendent, shall be used on any vehicle engaged in either
escorting or towing over-d~mensional materials, equipment,
boats, or manufactured housing units by authority of a highway
hauling permit ~ssued pursuant to §46.2-1139. Such lights shall
be mounted on the top of the escort and tow vehicles and on
the upper rear end of the over-dimensional vehicles or loads
for maximum ws~bihty, front and rear. However, any vehicles
operating under a permit issued pursuant to §46.2-1139 shall
be deemed to be ~n compliance w~th the requirements of th~s
section if accompanied by escort vehicles.
The provisions of this section shall apply ortty to over-
dimensional and all permitted vehicles or loads ~
~lLI i~1 ~1] I ! I~JI ~:~ ti I~1 I LVV~:~IV~; It~t:;;L VVI~I~ ~JI ~llfl I I I~JI t:; ti lC=II I Ot:~Vt:;I IL~'
~::..~ .1:~.1. I~
IlVt:;; It:;t:;L IUI I~,
(Code 1950, §46-273; 1954, c. 310; 1958, c. 541, §46.1-267;
1960, cc. 156, 391; 1962, c. 512, 1966, cc. 655, 664; 1968, c.
89; 1972, c. 7; 1974, c. 537; 1976, c 6; 1977, c. 72; 1978, cc
311,357; 1980, c 337; 1981, c. 338; 1984, cc. 440,539; 1985,
cc. 248,269,287,462; 1986, cc 124,127,229; 1987, cc. 347,
370; 1988, cc. 339,351; 1989, c. 727.)
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
7 OVER-HEIGHT VEHICLES'
Manufacturers of pickup trucks are coming out w~th h~gher Manufacturers Gross
Vehicle Weight Rating's (MGVWR) which exceed 15,000 pounds Th~s weight
(15,000 pounds)~s also the maximum weight covered under the Commonwealth's
altered suspension laws. Under Title 49, Code of Federal Regulations #393.86, the
front bumper height for any Commercial Motor Vehicle shall not exceed 30 ~nches
in height. This code change would prevent persons from circumventing the current
state and Federal law by obtaining the newer, higher MGVWR vehicles for the
purposes of raising the bumper height of the vehicle to an unsafe level and allowing
them to be operated on the h~ghways of the Commonwealth of Virginia. Th~s would
also stop persons from re-manufacturing vehicles and placing false Gross Vehicle
Weight Rating's, or reg~stenng the vehicle h~gher than the current 15,000 pounds
to circumvent the laws. We request the changes ~nd~cated below
§46.2-1063. Alteration of suspension system; bumper height
limits; raising body above frame rail -- No person shall drive
on a public highway any motor vehicle registered as a
passenger motor vehicle ~f it has been modified by alteration
of its albtude from the ground to the extent that ~ts bumpers,
measured to any point on the lower edge of the main
horizontal bumper bar, exclusive of any bumper guards, are
not within the range of fourteen inches to twenty-two ~nches
above the ground. Notwithstanding the foregoing provisions of
this secbon, the range of bumper heights for motor vehicles
beanng street rod license plates ~ssued pursuant to {}46.2-747
shall be nine to twenty-two ~nches.
No vehicle shall be modified to cause the vehicle body or
chassis to come in contact with the ground, expose the fuel
tank to damage from coll~sion, or cause the wheels to come in
contact w,th the body under normal operation. No part of the
original suspension system of a motor vehicle shall be
d~sconnected to defeat the safe operabon of ~ts suspension
system. However, nothing contained ~n this section shall
prevent the installation of heavy duty equipment, ,nclud~ng
shock absorbers and overload spnngs Nothing contained in
th~s section shall prohibit the driwng on a public h~ghway of a
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
motor vehicle with normal wear to the suspension system ~f
such normal wear does not adversely affect the control of the
vehicle.
No person shall drive on a public highway any motor vehicle
registered as a truck if ~t has been modified by alteration of its
altitude from the ground to the extent that its bumpers,
measured to any point on the lower edge of the main
horizontal bumper bar, exclusive of any bumper guards, do not
fall within the I~mits specified herein for its gross vehicle weight
rating category. The front bumper height of trucks whose gross
vehicle weight ratings are 4,500 pounds or less shall be no
less than 14 ~nches and no more than 28 inches, and their rear
bumper height shall be no less than 14 inches and no more
than 28 inches. The front bumper height of trucks whose gross
vehicle weight ratings are 4,501 pounds to 7,500 pounds shall
be no less than 14 ~nches and no more than 29 inches, and
their rear bumper height shall be no less than 14 ~nches and
no more than 30 inches. The front bumper height of trucks
whose gross vehicle weight ratings are 7,501 pounds to ~
80,000 pounds shall be no less than 14 ~nches and no more
than 30 inches, and their rear bumper height shall be no less
than 14 ~nches and no more than 5-1- 30 inches Bumper height
I~mitat~ons contained in th~s section shall not apply to trucks
w~th gross vehicle weight ratings in excess of ~ 80,000
pounds. For the purpose of this section, "truck" ~ncludes
passen.c)er vehicles, sport utility vehicles, pickup and panel
trucks, and "gross vehicle weight ratings" means
manufacturer's gross vehicle weight ratings established for that
vehicle as ~nd~cated by a number, plate, st~cker, decal, or other
dewce affixed to the vehicle by ~ts manufacturer.
In the absence of bumpers, and ~n cases where bumper
heights have been lowered, height measurements under the
foregoing provisions of th~s section shall be made to the
bottom of the frame rail. However, if bumper heights have
been raised, height measurements under the foregoing
provisions of this section shall be made to the bottom of the
main horizontal bumper bar.
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
No vehicle shall be operated on a public h~ghway ~f it has been
modified by any means so as to raise ~ts body more than three
~nches, ~n addibon to any manufacturer's spacers and
bushings, above the vehicle's frame rad or manufacturer's
attachment points on the frame rail.
Th~s section shall not apply to specially designed or modified
motor vehicles when driven off the public highways ~n races
and s~milar events. Such motor vehicles may be lawfully towed
on the highways of the Commonwealth (1973, c 498,
{}46.1-282.1, 1978, c 605; 1980, c 342; 1986, c. 570; 1989,
c 727; 1991, c. 688, 1992, c 864, 1993, c. 73 )
8. SLOW VEHICLE WARNING'
Large equipment ~s being operated on the h~ghways at all hours and much of this
equipment is not covered under th~s section. We request this code be amended to
~nclude th~s equipment. Our suggestions are as follows:
§46.2-1081. Slow-mowng vehicle emblems. --
Ao
Every farm tractor, self-propelled unit of farm equtpment
pi of dry __4 .._~.._,A
or ~m ement husban , o,,,~ any
~JLI Itel V~l IIblt::~
designed for operation at speeds not in excess of
twenty-five mdes per hour or normally operated at
speeds not ~n excess of twenty-five miles per hour, shall
display a tnangular slow-moving vehicle emblem on the
rear of the vehicle when traveling on a public highway
at any bme of the day or night. Any other vehicle
designed for operation at speeds not in excess of
twenty-five miles per hour, or normally operated at
speeds not in excess of twenty miles per hour, shall
display a triangular slow-moving vehicle emblem on
the rear of the vehicle, and shall also be equipped
with an amber flashing Ii.el_ ht mounted at the highest
point of the vehicle visible for more than 500 feet of
the type approved by the Superintendent.
Additionally, this vehicle shall only be operated
between sunrise and sunset when traveling on a
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public highway.
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
Bo
Should a slow-moving vehicle tow a unit on a public
h~ghway, then the towing vehicle or the towed unit shall
be equipped w~th the slow-moving vehicle emblem as
follows:
,
If the towed unit or any load thereon obscures
the slow-moving vehicle emblem on the towing
vehicle, the towed unit shall be equipped with a
slow-moving vehicle emblem, in which case the
towing vehicle need not display such emblem.
.
If the slow-moving vehicle emblem on the towing
vehicle ~s not obscured by the towed unit or any
load thereon, then e~ther or both such vehicles
may be equipped with such emblem.
C.
The standards and specifications for the slow-moving
vehicle emblem and the position of mounting of the
emblem shall conform to standards and spec~flcabons
adopted by the American Society of Agricultural
Engineers, the Society of Automotive Engineers, the
American National Standards Institute, Inc., or the
federal Department of Transportabon.
D.
The use of the slow-moving vehicle emblem shall be
restricted to the uses specified in this title. (1970, c.
301, §46.1-264.1; 1972, c. 146; 1978, c. 605; 1989, c.
727; 1996, c. 82 )
9. ESCORT DRIVERS AND VEHICLES.
It ~s requested that the definitions used in the V~rgin~a Administrative Code (VAC)
be updated as well as the specific codes which deal with escorts, escort vehicles,
and escort drivers Our requests are as follows:
24VAC30-111-10. Definitions.
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VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
"Automobde and water craft transporters" means a tractor
truck, lowboy, vehicle, or combination, including vehicles or
combinations which transport motor vehicles or water craft on
their power un~t, designed and used exclusively for the
transportabon of motor vehicles or water craft
"B-train assembly" means a rigid frame extension attached to
the rear frame or a first semitrader which allows for a fifth
wheel connecbon point for the second semitrader.
"Certified Escort Driver" means the driver must have a
valid Virginia driver's license or a valid license in the state
or jurisdiction in which he or she is a resident, comply
with the permit policies and regulations, comply with all
city and state traffic laws and must have successfully
completed the Virginia
Program.
Escort Driver Certification
"Emergency" means a calamity, existing or imminent,
caused by fire, flood, riot, windstorm, explosion, or act of
God, which requires immediate remedial action to protect
life or property.
"Irreducible" see definition for "non-divisible."
24VAC30-111-150. Escort certification.
Certification as an escort driver ~s mandatory for all drivers,
regardless of their residencies, who escort over-dimensional
loads w~th a width in excess of five feet three inches (5' 3"),
as measured from the center of the vehicle to the widest
part of the transport vehicle or load -1-2-feet over the
highways ofthe Commonwealth of V~rgin~a. The Virginia Escort
Dnver Certificabon Program consists of a written knowledge
test which shall be successfully completed before a certificate
~s issued Applicants residing outside V~rg~nia can arrange to
take the test ~n their state of residence. For more informabon
concerning Escort Certification in Virginia, call the Virginia
Department of Transportation at (804) 786-2787.
-13-
Statutory Authonty
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
24VAC30-111-160. Escort vehicle requirements.
A,
On all routes other than the interstate system
~,~,~,,~,,,,~ on the route being traveled, escorts shall
may be required for vehicle configurabons exceeding 10
feet 6 inches in total w~dth or five feet three inches
(5' 3"), as measured from the center of the vehicle to
the widest part of the transport vehicle or Icad or 15
feet in height or 85 feet m length or when results of an
engineering review show that escorts are needed to
provide traffic control across restncted bndges and
structures.
On any interstate system, escorts shall be required
for vehicle configurations exceeding 12 feet in
width or six feet as measured from the center of the
vehicle to the widest part of the transport vehicle or
Icad.
Any permitted vehicle with a rear overhanq
exceeding four feet (4') shall have a rear escort.
B.
All escort vehicles shall be equipped with a two-way
radio and maintain communicabon w~th the permitted
vehicle driver and any other escort vehicles in the
convoy.
Co
Escort vehicles shall have signs, descriptive of the Icad
it ~s escorting, i e., "Wide Load" or "Oversize Load" or
"Over-d~mensional Load" or "Overweight Load"
d~splayed on the vehicle to be visible to approaching
motorist in day or n~ght. Escort vehicle(s) shall maintain
adequate d~stance with a m~nimum of 500 feet in front
of or behind permitted vehicle configurabon to warn
approaching motorists of the oversize or overweight
vehicle configuration.
-14-
Do
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
At least one amber high-~ntensity flashing, blinking or
alternabng light shall be located on top of the escort
vehicle. The light shall be visible for a d~stance of 500
feet or greater.
Eo
The escort vehicle's headlights and any other steady
burning extenor I~ghts shall be turned on while escorting
an overweight or oversize permitted vehicle
A front escort vehicle equipped with a hot-pole is
required when the overall height of a vehicle
configuration exceeds 15 feet. The hot-pole shall
extend three inches above the specified overall height
of the permitted load
An escort vehicle shall:
1. Have 180 degrees of forward visibility and a
direct line of sight to the rear through a rear
window.
2. Not exceed 30 feet in overall length or be
over-dimensional in weight, height, or width.
3. Not be a combination vehicle.
4. Not carry any materials requiring it to display
Hazardous Materials placards (CFR Title 49).
5. Be in safe operating condition (§46.2-1000).
10 TESTING FOR DUI:
Dunng the investigabon of serious injury and fatal crashes, officers are routinely
confronted w~th drivers who are transported to a hospital or other medical facility for
treatment In some of these instances, these drivers are unconscious. This
presents a serious impediment to the ~nvestigation to determine ~f that driver ~s
under the ~nfluence of alcohol or drugs as many hospitals and health care facilibes
refuse to draw blood for ewdentiary purposes from an unconscious person. Most
hospitals and health care facdities require a person to g~ve permission to draw blood
both verbally and ~n writing. While this is not required by any code, these
facilities maintain that their legal department advises them to do so because
of possible civil liability. Whde State Code §18.2-265 reheves them of any ciwl
I~ab~l~ty, they still refuse to assist in the drawing of the blood. The Blood Alcohol
-15-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
Content (BAC) of a person has always been recognized by the courts as evidence
that changes with the passage of t~me and the drawing of the blood for chemical
analysis without a search warrant has withstood numerous court challenges some
of which are I~sted below:
T~pton v Commonwealth, 18 Va App 370, 444 S.E. 2d 1 (1994)
Schmerber v. California 384 U.S. 757 (1966)
Bre~thaupt v. Abram 352 U S. 432 (1957)
It ~s also well documented that many drivers wdl fake injuries in order to be taken to
the hospital in hope of delaying the testing for driving under the ~nfluence of alcohol
or drugs. Some drivers have even been advised by attorneys to go to a hospital if
at all possible Presently, for an officer to obtain the evidence needed to convict a
person of driving under the influence of alcohol or drugs who has been taken to a
hospital or medical facd~ty which refuses to draw blood at the officer's request,
officer's must file a search warrant for the medical records, and then file subpoenas
for all parties ~nvolved with the persons medical treatment. This procedure may
require as many as15 people being required for court to tesbfy. Th~s ~s extremely
cumbersome and bme consuming practice, which can be remedied easily. By
relieving the medical care facility of any c~vil liability(which has already been done
~n §18.2-265), and then requiring their assistance ~n the drawing of the blood, much
time and effort can be saved for all part~es involved. In most cases, a separate
blood wal could be filled at the same bme the hospital or medical facd~ty is drawing
blood for their tests. Th~s would require only the name of the actual person drawing
the blood to be subpoenaed. State laws, and case law, are already ~n place to
support all of this proposal; only the penalty for fadure to assist as required needs
to be added. We would request the addition of the following paragraph to §18.2-
268.5:
§18.2-268.5. Qualifications and liability of person authorized
to take blood sample; procedure for taken samples.- .....
B. Any person qualified to withdraw blood for chemical
testing shall, at the direction of any law enforcement
officer during the course of their investigation, withdraw
the blood of any person whether conscious or
unconscious for the use of chemical testin.g. Procedures
for the withdrawal of the blood will be adhered to as in
paragraph A.
-16-
VIRGINIA BEACH COMMUNITY LEGISLATIVE AGENDA 2002
No civil liability will attach to the person hospital or
medical care facility for this procedure when acting under
the direction of a law enforcement officer; however, failure
to comply with the law enforcement officer's request will
constitute a Class 3 misdemeanor.
-17-
Item VI-K.2.
- 40 -
ORDINANCES/RESOL UTIONS
ITEM # 48880
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Council ADOPTED:
Resolution re twenty-five (25) percent reimbursement from the
Commonwealth of Virginia re construction funding for all ehgtble costs
assoctated wtth the Correction Center expansion.
Votmg'
10-0 (By Consent)
Council Members Voting Aye'
Linwood 0 Branch, III, Margaret L. Eure, Barbara 3/[. Henley, Louis R.
Jones, Reba S McClanan, Robert C Mandigo, Jr.,Mayor Meyera E
Oberndorf, Nancy K. Parker, Vtce Mayor Wdhams D. Sessoms, Jr and
Rosemary Wtlson
Council Members Voting Nay:
None
Counctl Members Absent'
Wilham W Harrison, Jr
November 6, 2001
A RESOLUTION REQUESTING REIMBURSEMENT
FROM THE COMMONWEALTH OF VIRGINIA FOR
TWENTY-FIVE PERCENT OF THE COST OF THE
EXPANSION OF THE VIRGINIA BEACH
CORRECTION CENTER
WHEREAS, the City Council has identified the expansion
7 of the Virginia Beach Correction Center as a prmority project to
8 meet the demands of adult detention in the City of Vmrgmnza
9 Beach;
10
WHEREAS, the City Councml has planned for the expansion
11 of the Correction Center addition in the adopted FY 2002 Capmtal
12 Improvement Program in Capital Project # 3-441, Correctzon Center
13 Addition III; and
14
WHEREAS, the City Council has programmed fundmng for
15 the anticzpated local share of the cost of the project.
16
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA'
18
That the City Council of the City of V~rg~nia Beach
19 hereby requests reimbursement from the Commonwealth of V~rglnla
20 for twenty-five percent of all eligible costs of the expansion
21 of Virginza Beach Correction Center.
22
Adopted by the Council of the C~ty of Virginia Beach,
23 Vzrginia on the 6th
day of N~v~mher
, 2001.
CA-8304
OrdinkNONCODEkVBCorrectlonCtr. res. wpd
October 29, 2001
R-1
APPROVED AS TO CONTENT:
Sherfff's Dep~ment
APPROVED AS TO LEGAL
SUFFICIENCY'
City Att~r~y's Ogfice
0CT-25--01
10:22
V.B.$HERIFF$ OFFICE
?5? 42? 503? P.02
I~N AN~ELONE
COMMONWEALTH of VIRQ/NIA
Oe~.me,,u at' Corr.#om'
O~tober 19, 2001
m{~ll~Ol~lO ~FIGINIA
Deer Mt. Maholc~c:
I am happy to i~t'onn you thit your recently submlued revised C~W
~md~ bt ~ ~o~.
We do ~~te m~l~ ~ ~~ ofy~ ~~E 5m~ by ~ ~ of
~b~ ~ ~b~n~ i~ ~ ~IL ~ ~ No~mber ~ ofCo~~ m~t~.
PI~ ~ ~~ t~t a real,on ~om ~ Comc~ ~u~ 25~ ~e c~~on-
~d~s r~r~ment for ~ ~lisble ~ ~li ~ ~ad ~or m ~e Bo~d ~in8
~ me ~ ~ a amp~ r~On wo~d ~ or~sfsm~ to you. ~on~y~ ~y
micipat~ ~m~on ~ m~fication ~~ (e.S cell ~ deem s~ns)
~ly, ~e (CBCP) ~d P~ $m~ ~ ~ pr~ to ~ Be~d's
~ Ho~m~ 14, ~1. I ~d ~~nd ~t ~ne f~i~ ~ your
ar~ ~ the Nm~m~ 1~* m~ing to ~t ~e PI~ ~d ~cr ~y ~e~ions
Co~~ mbm my Mve.
PI~ ~ct ~ s~M you ~ my ~e~ion$ at ~1~) 67~3247.
Pon L.
Local Facilhics Manager
CC. I. Michael Howerton
Tony Casale
Item VI-K.3.
- 41 -
ORDINANCES/RESOL UTIONS
ITEM # 48881
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED:
Resolution appointtng Doris J. Geiger to the position of Assistant City
Attorney effective 16 November 2001
Voting 10-0 (By ConsenO
Council Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louis R.
Jones, Reba S McClanan, Robert C Mand~go, Jr.,Mayor Meyera E
Oberndorf Nancy K Parker, Vice Mayor Wdhams D. Sessoms, Jr and
Rosemary Wilson
Councd Members Voting Nay
None
Council Members Absent
William W Harrison, Jr.
November 6, 2001
10
11
12
A RESOLUTION APPOINTING DORIS J.
GEIGER TO THE POSITION OF ASSISTANT
CITY ATTORNEY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to ~ 2-166 of the Code of the City of
Virginia Beach, Virginia, Doris J. Geiger is hereby appointed to
the position of Assistant City Attorney, effective November 16,
2001.
13
14
Adopted by the Council of the City of Virginia Beach,
Virginia on the 6th day of November, 2001.
CA-8268
F.\DatakATY\OrdinkNONCODE\CA8268.GeigerRes
October 24, 2001
RI
APPROVED AS TO LEGAL
SUFFICIENCY:
C~t~A[torney /4-2~. ~/
- 42 -
Item VI-L. 1
APPOINTMENTS
ITEM # 48882
BY CONSENSUS, City Council RESCHED U£ED the followtng APPOINTMENTS.
COMMUNITY SER VICES BOARD (CSB)
PLANNING COMMISSION
PRINCESS ANNE CORRIDOR AD VISOR Y COMMITTEE
VIRGINIA BEA CH COMMUNITY DEVELOPMENT CORPORA TION (VB CDC)
FIR GINL4 BEA CH FO UNDA TION
November 6, 2001
- 43 -
Item VI-L.2
APPOINTMENTS
ITEM # 4888.t
Upon NOMINATION by Vtce Mayor Sessoms, City Councd REAPPOINTED:
Charles G. Johnson
Donald W. MacLennan
2- Year Terms - 1/1/02 - 12/31/03
BOARD OF BUILDING CODE APPEALS
(Building Maintenance Division)
Vottng. 10-0
Councd Members Votmg Aye.
Linwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts t~
Jones, Reba S McClanan, Robert C Mandtgo, Jr ,Mayor Meyera E
Oberndorf Nancy K. Parker, Vice Mayor Wdhams D Sessoms, .Ir and
Rosemary Wdson
Councd Members Voting Nay'
None
Councd Members Absent
Wdham W Harrison, Jr
November 6, 2001
- 44 -
Item VI-L.$.
APPOINTMENTS
ITEM # 48884
Upon NOMINATION by Vtce Mayor Sessoms, City Council REAPPOINTED:
Anne Jackson Henry
3- Year Term 1/1/02 - 12/31/04
CHESAPEAKE BAY PRESERVATION AREA BOARD (CBPA)
Vottng: 10-0
Council Members Votmg Aye'
Llnwood 0 Branch, III, Margaret L. Eure, Barbara M. Henley, Louts R.
Jones, Reba S McClanan, Robert C. Mandtgo, Jr.,Mayor Meyera E.
Oberndorf Nancy K. Parker, Vtce Mayor Wtlhams D. Sessoms, Jr and
Rosemary Wilson
Counctl Members Voting Nay'
None
Council Members Absent'
Wtlliam W Harrtson, Jr.
November 6, 2001
Item VI-L. 4.
- 45 -
APPOINTMENTS
ITEM # 48885
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Council REAPPOINTED:
Stephen W. Burke
Gerald S. Divaris
Eric A. Hauser
Donald L. Maxwell
Meyera E. Oberndorf
I-Year Term- 1/1/02- 12/31/02
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
Voting' I0-0
Counctl Members Vottng Aye'
Ltnwood O. Branch, III, Margaret L. Eure, Barbara M Henley, Louis R~
Jones, Reba S. McClanan, Robert C. Mandtgo, Jr.,Mayor Meyera E
Oberndorf Nancy K Parker, Vice Mayor Wdliams D Sessoms, Jr. and
Rosemary Wilson
Council Members Voting Nay'
None
Council Members Absent
Wtlham W Harrison, Jr
November 6, 2001
- 46 -
Item VI-L.$.
APPOINTMENTS
ITEM # 48886
Upon NOMINATION by Vtce Mayor Sessoms, City Councd REAPPOINTED:
James R. Bergdoll
3- Year Term - 1/1/02 - 12/31/04
PENDLETON PROJECT MANAGEMENT BOARD
Voting 10-0
Councd Members Votmg Aye
Ltnwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louts R
Jones, Reba S McClanan, Robert C Mand~go, Jr.,Mayor Meyera E
Oberndorf Nancy K~ Parker, Vice Mayor Wilhams D Sessoms, Jr and
Rosemary Wilson
Councd Members Voting Nay
None
Councd Members Absent'
Wilham W Harrtson, Jr
November 6, 2001
Item VI-L. 6.
- 47-
APPOINTMENTS
ITEM # 4888 7
Upon NOMINATION by Vice Mayor Sessoms, Ctty Counctl REAPPOINTED:
Louinda W. Jones
2-Year Term- 1/1/02 to12/31/03
SENIOR SER VICES OF SOUTHEASTERN VIRGINIA (SEVAMP)
Voting 10-0
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R.
Jones, Reba S McClanan, Robert C Man&go, Jr ,Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlliams D. Sessoms, Jr. and
Rosemary Wtlson
Council Members Vottng Nay.
None
Council Members Absent
Wtlham W Harrison, Jr
November 6, 2001
- 48 -
Item VI-M. 1.
NE W BUSINESS
ITEM ii 48888
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl ADDED:
Ordtnance to AII4END City Code Sectton 23-8 2 by prohtbiting certam
uses of tmttation lnfecttous btologtcal, toxic or radtoactlve substances
Voting' 10-0
Council Members Voting Aye.
Linwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R.
dones, Reba S McClanan, Robert C Mandtgo, .Ir,Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor Wtlhams D Sessoms, dr and
Rosemary Wtlson
Counctl Members Votmg Nay
None
Counctl Members Absent:
William W. Harrtson, ,Ir.
November 6, 2001
- 49-
Item VI-M.2.
NE W BUSINESS
ITEM # 48889
Upon motton by Vice Mayor Sessoms, seconded by Council Lady Wilson, Ctty Counctl ADOPTED:
Ordinance to AMEND Ctty Code Section 23-8 2 by prohtbtttng certain
uses of tmltatlon tnfecttous biological, toxic or radtoacttve substances
Voting 10-0
Councd Members Vottng Aye
Llnwood 0 Branch, III, Margaret L Eure, Barbara M. Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr ,Mayor Meyera E
Oberndorf Nancy K. Parker, Vtce Mayor Wtlltams D. Sessoms, Jr and
Rosemary Wtlson
Council Members Votmg Nay
None
Councd Members Absent.
Wtlham W Harrison, Jr
November 6, 2001
AN ORDINANCE AMENDING THE CODE OF
THE CITY OF VIRGINIA BEACH, VIRGINIA
BY PROHIBITING CERTAIN USES OF
IMITATION INFECTIOUS BIOLOGICAL,
TOXIC OR RADIOACTIVE SUBSTANCES
SECTION ADDED' City Code Sectmon 23-
8.2
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 23 of the City Code be, and hereby is, amended
and reordained by the addition of a new Section 23-8.2, which shall
read as follows:
Sec. 23-8.2. Imitation infectious biological, etc. substances.
(a) It shall be a Class 1 misdemeanor for any person to:
(1) threaten injury to the person or property of
another by the use of an imitation infectious
biological, toxic or radloactmve substance;
(2) use an imitation infectious biological, toxic or
radioactive substance mn such manner as to place
any person mn reasonable apprehension of death or
bodily harm, or with the intent to disrupt or
interfere with the operations of any law
enforcement agency, fire department, or other cmty
services, or with the intent to cause the closing
or evacuation of any residence, business, school or
place of public gathering;
(~) possess, manufacture, sell, give or distribute an
imitation infectious biological, toxic or
radioactive substance with the intent to place a
person in reasonable apprehension of death or
bodily harm; or
(4) knowingly release or place, or cause or procure to
be released or placed in, on or around any
residence, place of business, school, or place of
public qathering, any imitation mnfectmous
36
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38
39
4O
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43
44
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46
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49
50
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52
53
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biological, toxic or radzoactive substance with the
intent to place any person in reasonable
apprehension of death or bodily harm.
(b) As used in this section:
(1) "~mltatlon infectlous b~oloq~cal substance" means a
substance, in any form whatsoever, which zs not an
infectious bioloqical substance, and whzch:
(A) by overall appearance, including color, shape,
size, markinq, packaging or by representations
made, would cause a reasonable likelihood that
such substance in any form whatsoever would be
mistaken for an infectious bzoloq~cal
substance; or
(B) by express or implied representation purports
to act l~ke an infectious bioloq~cal
substance;
(2) "~nfect~ous b~ological
(3,)
substance" means any
bacteria, v~rus, fungi, protozoa, or rickettsiae
capable of causinq death;
"imitation toxic substance" means a substance, ~n
any form whatsoever, whzch is not a toxic substance
and which
(A) by overall appearance, including color, shape,
size, markinq, packaqinq or by representations
made, would cause a reasonable likelihood that
such substance in any form whatsoever would be
mistaken for a toxmc substance; or
(B) by express or implied representation purports
to act like a toxic substance;
(4) "toxic substance" means any substance, including
any raw materials, intermediate products,
catalysts, final products, or by-products of any
manufacturing operation conducted in a commercial
2
69
7O
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77
78
79
8O
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86
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89
establishment, that has the capacity, through its
phy. si. cal, chemical or bioloqical properties, to
pose a substantial risk of death or impairment
either zmmediately or over tzme, to the normal
functions of humans, aquatic organisms, or any
other animal;
(5~ "imitation radioactive substance" means a
substance, in any form whatsoever, which is not a
radioactive substance, and which:
(A) by overall appearance, mncludinq color, shape,
size, marking, packaging or by representations
made, would cause a reasonable likelihood that
such substance in any form whatsoever would be
mistaken for a radmoactive substance; or
(B) by express or implied representation purports
to act like a radioactive substance; and
(6) "radioactive substance" means any substance that
emits ionizinq radmation spontaneously.
Adopted by the Council of the City of Virgmnza Beach,
Virginia, on the 6t~ day of November, 2001.
CA-8293
wmacali kwpkordres \23-8-2. ord
November 5, 2001
R-4
Item VI-M. 3
- 50-
NEW BUSINESS
ITEM # 48890
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, Ctty Council ADDED:
Ordmance to APPR OPRIA TE $2,55 O, O00 from fund balance/TRANSFER
$200,000 from CIP #2-076, Laskln Road Gateway to CIP #2-089
Southeastern Parkway and Greenbelt for the purchase of Southeastern
Expressway right-of-way tn the Castleton area
Voting 10-0
Council Members Vottng Aye
Llnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr ,Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlhams D Sessoms, Jr and
Rosemary Wdson
Council Members Vottng Nay
None
Councd Members Absent
Wdham W Harrtson, Jr
November 6, 2001
- 51 -
Item VI-M. 4.
NE W BUSINESS
ITEM it 48891
Upon motton by Vice Mayor Sessoms, seconded by Councd Lady Wdson, Ctty Councd ADOPTED:
Ordinance to APPR OPRIA TE $2,55 O, O00 from fund balance/TRANSFER
$200,000 from CIP #2-076, Lasktn Road Gateway to CIP #2-089
Southeastern Parkway and Greenbelt for the purchase of Southeastern
Expressway right of way tn the Castleton area
Vottng 10-0
Councd Members Vottng Aye
L~nwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr ,Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wdhams D Sessoms, Jr and
Rosemary Wdson
Councd Members Voting Nay
None
Councd Members Absent
Wdham W Harrtson, .Ir
November 6, 2001
AN ORDINANCE TO APPROPRIATE $2,550,000 FROM
FUND BALANCE IN THE GENERAL FUND AND TRANSFER
$200,000 FROM CAPITAL IMPROVEMENT PROJECT #2-
076, LASKIN ROAD GATEWAY, TO CAPITAL
IMPROVEMENT PROJECT ~2-089 SOUTHEASTERN
PARKWAY & GREENBELT (PARTIAL) FOR THE
PURCHASE OF SOUTHEASTERN EXPRESSWAY RIGHT-OF-
WAY IN THE CASTLETON AREA
WHEREAS, the City has come to an agreement for the purchase
of Southeastern Expressway right-of-way property in the Castleton
area and an additional $2,750,000 must be appropriated to the
4 project to fund this purchase.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $2,550,00%0 is hereby appropriated from fund balance
8 in the General Fund to Capital Improvement Project #2-089,
9 Southeastern Parkway & Greenbelt (Partial), for the purchase of
l0
Southeastern Expressway right-of-way in the Castleton area.
2. That $200,000 is hereby transferred from Capital
Improvement Project %2-076, Laskin Road Gateway, to Capital
Improvement Project #2-089, Southeastern Parkway & Greenbelt
(Partial), for the purchase of Southeastern Expressway right-of-
way in the Castleton area.
Adopted by the Council of the City of Virginia Beach,
Virginia on the § day of November , 2001.
CA-8322
OrdinkNONCODE\Castleton. ord. wpd
November 5, 2001
R2
Approved as to Content
Management S'e~
Approved as to Legal
Sufficiency
~a r tmen~'f
- 52 -
Item FI-O.
ADJOURN]~ENT
ITEM # 48892
Mayor Meyera E. Oberndorf DECLARED the City Council Formal Session ADJOURNED at
7: 40 p. n~
Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
November 6, 2001
City of Virginia Beach
oua ~x~°~s
OFFICE OF THE CITY MANAGER
(757) 427 4242
FAX (757) 427-4135
TDD (757) 427-4305
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9001
December 12,2001
The Honorable Mayor Oberndorf
and Members of Council
Dear Councflmembers
The Subcommittee Studying Unfunded Transportation Needs in Hampton Roads met on Monday,
December 10,2001 The subcommittee agreed to pursue legislation that would establish a referendum next
fall for the voters to express their mews on increasing the local sales tax by 1% and instituting a $1 50 toll
on the Southeastern Parkway, Hampton Roads Bridge Tunnel, Momtor-Mernmac Bridge Tunnel, and the
Third Crossing, and a $1 00 toll on U S Route 460
The draft enabling legislation is attached The legislation to be sponsored by Senator Mart)'
Williams, Chair of the group, will be slightly different from the draft in that the mention of Uer two projects
will be removed and there Is not likely to be consideration at th~s time for an increase in the gas tax The
referendum must pass by a majority of ail voters in Hampton Roads and is not dependent on the passage or
failure in one particular jurisdiction
Staffwfll continue to follow this legislation through the 2002 General Assembly Session and keep
Council informed Please call if I can promde anything further
JKS/clb
attachment
Catheryn Wh~tesell
Steve Thompson
Patti Phflhps
Sincerely,
Dean Block
Dale Castellow
02 - 3025568
SENATE BILL NO.
11/29/2001 11:46 AM
HOUSE BILL NO.
Mark J. Vucci
1 A BILL authorizing the issuance of Commonwealth of V~rginia Transportation Revenue Bonds
2 by and with the consent of the Governor pursuant to the provisions of Arbcle 5 (§ 33.1-
3 267 et seq.) of Chapter 3 of Title 33.1 of the Code of Virginia and as permitted by
4 Section 9 (d) of Article X of the Constitution of Virginia, in a pnncipal amount not
5 exceeding XXXXXXXXXXXXX to finance the cost of projects specified in § 33.1-268,
6 plus an amount for the issuance costs, capitalized interest, reserve funds, and other
7 financing expenses, for the purpose of providing funds, with any other available funds,
8 for paying all or a portion of the costs incurred or to be incurred for construcbon of an
9 adequate, modern, safe, and efficient transportation system ~n that part of the
10 Commonwealth which compnses the Hampton Roads Transportation Distnct Program;
11 authorizing the Commonwealth Transportation Board to fix the details of such bonds
12 and to provide for the sale of such bonds at public or private sale; authorizing the
13 Treasury Board, by and with the consent of the Governor, to borrow money in
14 anticipabon of the issuance of the bonds; authorizing the issuance of refunding bonds,
15 by and w~th the consent of the Governor; providing for the pledge of revenues from the
16 imposition of an additional XXXXXXXXX motor vehicle fuel sales tax and an additional
17 XXXXX~ state retail sales and use tax in the counties of Gloucester, Isle of Wight,
18 James City, and York and the cities of Chesapeake, Hampton, Newport News, Norfolk,
19 Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg, and from tolls on
20 certain transportation facilities located in such counties and cities; to amend and reenact
21 §§ 33.1-268, 33.1-269, 33.1-277, 58.1-603, 58.1-604, 58.1-611.1, 58.1-614, 58.1-627,
22 58.1-628, and 58 1-638 of the Code of Virginia; providing that interest on such
23 obligations shall be exempt from all taxation by the Commonwealth and any political
24 subdivision thereof; to amend the Code of V~rginla by adding secbons numbered 33.1-
25 221.1'7 and 58.1-638.1 and by adding in Chapter 17 of Title 58.1 an article number 4.1,
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1 consisting of sections number 58.1-1724 2 through 58 1-1724 7, and providing that th~s
2 act shall not become effective and that no bonds shall be issued hereunder unless the
3 qualified voters of such counties and cities, by a simple majority of those voting in the
4 entire region constituted by such counties and cities, vote affirmatively in a referendum
5 on the question of whether such taxes and toll shall be imposed; relating to tolls on
6 transportation facdities located in such counties and cities and an additional
7 XXXXXXXXX motor vehicle fuel sales tax and an additional XXXXXXXXXX state retail
8 sales and use tax in such counties and cities, and dedicating the revenues from such
9 tolls and taxes to the issuance of bonds in a principal amount not exceeding
10 XXXXXXXXXXX to finance the costs of projects comprising the Hampton Roads
11 Transportation D~strict Program.
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Be it enacted by the General Assembly of Virginia:
1. That §§ 33.1.268, 33.1-269, 33.1-277, 58.1-603, 58.1-604, 58.1-611.1, 58.1-614, 58.1-627,
58.1-628, and 58.1-638 of the Code of Virginia are amended and reenacted, and that the
Code of Virginia is amended by adding sections numbered 33.1-221.1:7 and 58.1-638.1
and by adding in Chapter 17 of Title 58.1 an article number 4.1, consisting of sections
number 58.1-1724.2 through 58.1-1724.7, as follows:
§ 33 1-221.1 7 Hampton Roads Transportabon D~str~ct Proqram
A. For purposes of this sect~qn, unless the context requires a d~fferent mean~nq
"Hampton Roads Transportation District" means the reqion constituted by the
geo.qraphical boundaries of the counties of Gloucester, Isle of Wiqht, James City, and York
and the c~ties of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth,
Suffolk, Vir.q~n~a Beach, and W~ll~amsburq
B The General Assembly declares it to be ~n the public interest that the economic
development needs and economic gr.owt, h potential of Hampton Roads be addressed by a
special transportation program to provide for the costs of providing an adequate, modern, safe
and efficient transportation network ~n Hampton Roads which shall be known as the Hampton
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Roads Transportation District Program (the Program), ~nclud~nq, without I~m~tation,
env~lonmental and enqineer~ng studies, n.qhts-of-way acquisition, construction, improvements
to all modes of transportation, and flnanc~nq costs The Proqram consists of the follow~nq
projects: Hampton Roads Cross,hq (Third Crossinq), Interstate 64 Improvements (Peninsula),
Route 460, Southeastern Parkway and Greenbelt, M~dtown Tunnel/ Marbn Luther K~nq
Freeway Extension/ Pinners Point Connector, Public Transit/Rad Service, and such other
prolects as may be specified in an act prov~d~n.q for the issuance of bonds to finance the costs
of the Proqram
C. AIIocabons to this Proqram from the Hampton Roads Transportation Distr~ct Fund
established by § 58.1-638.1 shall be made annually by the Commonwealth Transportation
Board for the creation and enhancement of a safe, efficient transportation system connectinq
the communities, businesses, .places of employment, and residences of the Commonwealth,
thereby enhanc~nq the economic development potenba!, employment opportunities, mobd~ty
and quality of I~fe in V~rqinia.
D. Except in the event that the Hampton Roads Transportation District Fund is
~nsuffic~ent to pay for the costs of the Proqram, allocations to the Program shall not diminish or
replace aJJocat~ons made from other sources or d~m~n~sh allocations to which any distr~ct,
system, or locality would be entitled under other provisions of this title, but shall be
supplemental to other allocations to the end that transportation improvements ~n the Hampton
Roads Transportation District may be accelerated and auqmented Allocations under th~s
subsecbon shall be limited to projects specified in § 33.1-268 (2) (v).
E. The Commonwealth Transportation Board may expend such funds from all sources
as may be lawfully available to initiate the Program and to support bonds and other obliqations
referenced in subsection F of this section.
F. The Commonwealth Transportation Board is authorized to receive., dedicate or use
first from (i) revenues received from the Hampton Roads Transportabon D~strict Fund, (~i) to
the extent required, funds appropriated and allocated, pursuant to the hiqhway allocabon
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formula as provided by law, to the highway construction d~str~ct in which the prolect or prolects
to be financed are located or to the c~ty or county in which the prolect or prolects to be financed
are located, (~) to the extent required, legally available revenues of the Transportation Trust
Fund, and (~v) such other funds which may be appropriated by the General Assembly for the
payment of bonds or other obli.qat~ons, ~nclud~ng interest thereon, ~ssued in furtherance of the
Program No such bond or other obl~qat~ons shall pledge the full faith and credit of the
Commonwealth.
§ 33 1-268 Deflnlbons
As used in th~s article, the following words and terms shall have the following meanings:
(1) The word "Board" means the Commonwealth Transportation Board, or if the
Commonwealth Transportation Board is abolished, any board, commission or officer
succeeding to the principal functions thereof or upon whom the powers given by this article to
the Board shall be g~ven by law.
(2) The word "project" or "projects" means any one or more of the following:
(a) York River Bridges, extending from a point within the Town of Yorktown in York
County, or w~th~n York County across the York River to Gloucester Point or some point in
Gloucester County.
(b) Rappahannock River Bridge, extending from Greys Point, or its vicinity, in Middlesex
County, across the Rappahannock R~ver to a point in the vicinity of White Stone, in Lancaster
County, or at some other feasible point in the general vicinity of the two respective points.
(c), (d) [Reserved.]
(e) James River Bridge, from a point at or near Jamestown, in James City County,
across the James River to a point in Surry County.
(f), (g) [Reserved.]
(h) James R~ver, Chuckatuck and Nansemond River Bridges, together with necessary
connecting roads, in the Cities of Newport News and Suffolk and the County of Isle of Wight.
(i) [Reserved.]
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1 (j) Hampton Roads Bridge, Tunnel, or Bridge and Tunnel System, extending from a
2 point or points in the Cities of Newport News and Hampton on the northwest shore of Hampton
3 Roads across Hampton Roads to a point or points in the City of Norfolk or Suffolk on the
4 southeast shore of Hampton Roads.
5 (k) The Norfolk-Virginia Beach Highway, extending from a point in the vicinity of the
6 intersection of Interstate Route 64 and Primary Route 58 at Norfolk to some feasible point
7 between London Bridge and Primary Route 60.
8 (I) The Henrico-James R~ver Bridge, extending from a point on the eastern shore of the
9 James River in Henrico County to a point on the western shore, between Falling Creek and
10 Bells Road interchanges of the Richmond-Petersburg Turnpike; however, the project shall be
11 deemed to include all property, rights, easements and franchises relating to any of the
12 foregoing projects and deemed necessary or convenient for the operation thereof and to
13 include approaches thereto.
14 (m) The limited access highway between the Patrick Henry Airport area and the
15 Newport News downtown area which generally runs parallel to tracks of the Chesapeake and
16 Ohio Railroad.
17 (n) Dulles Access Road outer roadways, extending from a point on Route 7 in Loudoun
18 County in an easterly d~rection to a point east of Route 123 on the Dulles Access Road in
19 Fairfax County. These roadways are to be two or three lanes in each direction constructed
20 adjacent to, and parallel to or extending west from, the Dulles Access Road.
21 (o), (p) [Repealed.]
22 (q) Subject to the hmitations and approvals of § 33.1-279 1, any other highway for a
23 primary highway transportation improvement district or transportation service district which the
24 Board has agreed to finance under a contract with any such district or any other alternative
25 mechanism for generation of local revenues for specific funding of a project satisfactory to the
26 Commonwealth Transportation Board, the financing for which is to be secured by
27 Transportation Trust Fund revenues under any appropriation made by the General Assembly
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for that purpose and payable first from revenues received under such contract or other local
funding source, second, to the extent required, from funds appropnated and allocated,
pursuant to the highway allocabon formula as provided by law, to the highway construction
d~stnct ~n which the project is located or to the county or counties in which the project is located
and third, to the extent required from other legally available revenues of the Trust Fund and
from any other available source of funds.
(r) U.S. 58 Corridor Development Program projects as defined in §§ 33.1-221.1:2 and
58.1-815.
(s) The Northern V~rginia Transportation D~strict Program as defined in § 33.1-221.1:3
(t) Any program for h~ghways or mass transit or transportation facilities, endorsed by the
local junsdicbon or jurisdictions affected, which agree that certain d~stnbubons of state
recordabon taxes will be dedicated and used for the payment of any bonds or other
obligations, including ~nterest thereon, the proceeds of which were used to pay the cost of the
program. Any such program shall be referred to as a "Transportation Improvement Program."
(u) Any project designated from time to time by the General Assembly financed in whole
or part through the ~ssuance of Commonwealth of Virginia Federal Highway Reimbursement
Anticipation Notes.
(v) The Hampton Roads Transportabon District Proqram as defined in ~ 33.1-221.1:7
(3) The word "undertaking" means all of the projects authorized to be acquired or
constructed under this article.
(4) The word "~mprovements" means such repairs, replacements, additions and
betterments of and to a project acquired by purchase or by condemnation as are deemed
necessary to place ~t in a safe and efficient condition for the use of the public, if such repairs,
replacements, addibons and betterments are ordered prior to the sale of any bonds for the
acquisition of such project.
(5) The term "cost of project" as applied to a project to be acquired by purchase or by
condemnation, includes the purchase price or the amount of the award, cost of improvements,
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financing charges, ~nterest during any per~od of d~suse before completion of improvements,
cost of traffic estimates and of engineering and iegal expenses, plans, specificabons and
surveys, estimates of cost and of revenues, other expenses necessary or incident to
determining the feasibility or practicability of the enterprises, administrative expenses and such
other expenses as may be necessary or incident to the financing herein authorized and the
acquisition of the project and the placing of the project in operation.
(6) The term "cost of project" as applied to a project to be constructed, embraces the
cost of construcbon, the cost of all lands, properties, rights, easements and franchises
acquired which are deemed necessary for such construction, the cost of acquiring by purchase
or condemnation any ferry which is deemed by the Board to be competitive with any bridge to
be constructed, the cost of all machinery and equipment, financing charges, interest prior to
and during construction and for one year after completion of construction, cost of traffic
estimates and of engineering data, engineering and legal expenses, cost of plans,
specifications and surveys, estimates of cost and of revenues, other expenses necessary or
incident to determining the feasibility or practicability of the enterprise, administrative expense
and such other expenses as may be necessary or incident to the financing herein authorized,
the construcbon of the project, the placing of the project in operation and the condemnation of
property necessary for such construction and operation.
(7) The word "owner" includes all individuals, incorporated companies, copartnerships,
societies or associations having any title or interest in any property rights, easements or
franchises authorized to be acquired by this article.
(8) [Repealed.]
(9) The words "revenue" and "revenues" include tolls and any other moneys received or
pledged by the Board pursuant to this article, including, without limitation, legally available
Transportation Trust Fund revenues and any federal highway reimbursements and any other
federal highway assistance received from time to time by the Commonwealth.
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1 (10) The terms "toll project" and "toll projects" mean projects financed ~n whole or ~n part
2 through the ~ssuance of reve. r~ue bonds which are secured by toll revenues generated by such
3 project or projects.
4 § 33.1-269. General powers of Board.
5 The Commonwealth Transportation Board may, subject to the provisions of this article:
6 1. Acquire by purchase or by condemnation, construct, improve, operate and maintain
7 any one or more of the projects mentioned and included in the undertaking defined in this
8 article;
9 2. Issue revenue bonds of the Commonwealth, to be known and designated as
10 "Commonwealth of Virginia Toll Revenue Bonds," payable from earnings and from any other
11 available sources of funds, to pay the cost of such projects;
12 3. Subject to the limitations and approvals of § 33.1-279.1, issue revenue bonds of the
13 Commonwealth to be known and designated as "Commonwealth of V~rg~nia Transportation
14 Contract Revenue Bonds," secured by Transportation Trust Fund revenues under a payment
15 agreement between the Board and the Treasury Board, subject to their appropriation by the
16 General Assembly and payable first from revenues received pursuant to contracts with a
17 primary h~ghway transportation improvement district or transportation service d~strict or other
18 local revenue sources for which specific funding of any such bonds may be authorized by law;
19 second, to the extent required, from funds appropriated and allocated, pursuant to the highway
20 allocation formula as prowded by law, to the highway construction district in which the project
21 or projects to be financed are located or to the county or counties in which the project or
22 projects to be financed are located; and third, to the extent required, from other legally
23 available revenues of the Trust Fund and from any other available source of funds;
24 4. Issue revenue bonds of the Commonwealth to be known and designated as
25 "Commonwealth of Virginia Transportation Revenue Bonds," secured (i) by revenues received
26 from the U.S. Route 58 Corridor Development Fund, subject to their appropriation by the
27 General Assembly, 0i) to the extent required, from revenues legally available from the
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Transportabon Trust Fund and (~ii) to the extent required, from any other legally available funds
which have been appropriated by the General Assembly;
4a. Issue revenue bonds of the Commonwealth to be known and designated as
"Commonwealth of V~rginia Transportation Revenue Bonds," secured, subject to their
appropriation by the General Assembly, first from (i) revenues received from the Northern
Virginia Transportabon District Fund, (ii) to the extent required, funds appropriated and
allocated, pursuant to the highway allocation formula as provided by law, to the highway
construction d~strmt in which the project or projects to be financed are located or to the city or
county in which the project or projects to be financed are located, (iii) to the extent required,
legally available revenues of the Transportation Trust Fund, and (iv) such other funds which
may be appropriated by the General Assembly;
4b. Issue revenue bonds of the Commonwealth to be known and designated as
"Commonwealth of V~rginia Transportation Program Revenue Bonds" secured, subject to their
appropriation by the General Assembly, first from (i) any revenues received from any Set-aside
Fund established by the General Assembly pursuant to § 58.1-816.1, (~i) to the extent required,
revenues received pursuant to any contract with a local jurisdiction or any alternative
mechanism for generation of local revenues for specific funding of a project satisfactory to the
Commonwealth Transportation Board, (iii) to the extent required, funds appropriated and
allocated, pursuant to the highway allocation formula as provided by law, to the highway
construction district ~n which the project or projects to be financed are located or to the city or
county in which the project or projects to be financed are located, (iv) to the extent required,
legally available revenues of the Transportation Trust Fund, and (v) such other funds which
may be appropriated by the General Assembly. No bonds for any project or projects shall be
issued under the authority of th~s subsection unless such project or projects are specifically
included in a bill or resolution passed by the General Assembly;
4c. Issue revenue bonds of the Commonwealth to be known and designated as
"Commonwealth of Virginia Transportation Program Revenue Bonds" secured, subject to their
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appropr~abon by the General Assembly, first from (i) any revenues received from the
Commonwealth Transit Capital Fund established by the General Assembly pursuant to
subdiws~on A 4 g of § 58.1-638, (i~) to the extent required, legally available revenues of the
Transportabon Trust Fund, and (~) such other funds which may be appropnated by the
General Assembly. No bonds for any project or projects shall be issued under the authority of
this subsecbon unless such project or projects are specifically included in a bill or resolution
passed by the General Assembly;
4d. Issue revenue bonds of the Commonwealth from time to bme to be known and
designated as "Commonwealth of V~rgin~a Federal Highway Reimbursement Anticipation
Notes" secured, subject to their appropriation by the General Assembly, 0) first from any
federal h~ghway reimbursements and any other federal highway assistance received from time
to t~me by the Commonwealth, (i~) then, at the discretion of the Board, to the extent required,
from legally avadable revenues of the Transportation Trust Fund, and (iii) then from such other
funds, ~f any, which are designated by the General Assembly for such purpose;
4e. Issue revenue bonds of the Commonwealth to be known and des~qnated as
"Commonwealth of Virq~n~a Transportation Revenue Bonds," secured, sublect to their
appropriation by the General Assembly, first from (i) revenues received from the Hampton
Roads Transportation D~strict Fund, (~i) to the extent required, funds appropriated and
allocated, pursuant to the hiqhway allocation formula as provided by law, to the highway
construction d~strict ~n which the prolect or proiects to be financed are located or to the city or
county in which the proiect or projects to be financed are located, (~i) to the extent required,
legally available revenues of the Transportation Trust Fund, and (~v) such other funds which
may be appropriated by the General Assembly;
5. F~x and collect tolls and other charges for the use of such projects or to refinance the
cost of such projects;
6. Construct grade separations at intersections of any projects with public highways,
streets or other public ways or places and change and adjust the lines and grades thereof so
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as to accommodate the same to the design of such grade separations, the cost of such grade
separations and any damage incurred in changing and adjusting the lines and grades of such
highways, streets, ways and places to be ascertained and paid by the Board as a part of the
cost of the project;
7. Vacate or change the location of any portion of any public highway, street or other
publ;c way or place and reconstruct the same at such new location as the Board deems most
favorable for the project and of substantially the same type and in as good condition as the
or;ginal highway, streets, way or place, the cost of such reconstruction and any damage
incurred ;n vacating or changing the location thereof to be ascertained and paid by the Board
as a part of the cost of the proiect Any public highway, street or other public way or place
vacated or relocated by the Board shall be vacated or relocated in the manner provided by law
for the vacation or relocation of public roads and any damages awarded on account thereof
may be paid by the Board as a part of the cost of the project;
8. Make reasonable regulations for the installation, construction, maintenance, repair,
renewal and relocation of pipes, mains, sewers, conduits, cables, wires, towers, poles and
other equipment and appliances herein called "public utility facilities," of the Commonwealth
and of any municipality, county, or other political subdivision, public utility or public service
corporation owning or operating the same in, on, along, over or under the project. Whenever
the Board determines that it is necessary that any such public utility facilities should be
relocated or removed, the Commonwealth or such municipality, county, political subdivision,
public utility or public service corporation shall relocate or remove the same in accordance with
the order of the Board. The cost and expense of such relocation or removal, including the cost
of installing such public utility facilities in a new location or locations, and the cost of any lands
or any rights or interests in lands, and any other rights acquired to accomplish such relocation
or removal shall be ascerta;ned by the Board.
On any toll project, the Board shall pay the cost and expense of relocabon or removal
as a part of the cost of the project for those public utility facilities owned or operated by the
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1 Commonwealth or such municipality, county, pol~bcal subdivision, public utility or public service
2 corporation. On all other projects, under th~s article, the Board shall pay ti}~ cost and expense
3 of relocabon or removal as a part of the cost of the project for those public utility facilities
4 owned or operated by the Commonwealth or such municipality, county, or political subdivision.
5 The Commonwealth or such municipality, county, political subdivision, public utility or public
6 service corporation may maintain and operate such public utility facilities w~th the necessary
7 appurtenances, in the new location or locations, for as long a period and upon the same terms
8 and conditions as it had the right to maintain and operate such public utility facilibes in their
9 former location or locations,
10 9. Acquire by the exercise of the power of eminent domain any lands, property, rights,
11 rights-of-way, franchises, easements and other property, including public lands, parks,
12 playgrounds, reservations, highways or parkways, or parts thereof or rights there~n, of any
13 municipality, county or other political subdivision, deemed necessary or convenient for the
14 construction or the efficient operation of the project or necessary in the restorabon,
15 replacement or relocation of public or private property damaged or destroyed.
16 The cost of such projects shall be paid solely from the proceeds of Commonwealth of
17 Virginia Toll or Transportation Contract Revenue Bonds or a combination thereof or from such
18 proceeds and from any grant or contribution which may be made thereto pursuant to the
19 provisions of this article; and
20 10. Notwithstanding any provision of this article to the contrary, the Board shall be
21 authorized to exercise the powers conferred herein, in addibon to ~ts general powers to acquire
22 rights-of-way and to construct, operate and maintain state highways, with respect to any
23 project which the General Assembly has authorized or may hereafter authorize to be financed
24 in whole or ~n part through the ~ssuance of bonds of the Commonwealth pursuant to the
25 provisions of Section 9 (c) of Article X of the Constitution of Virginia.
26 § 33.1-277. Credit of Commonwealth not pledged.
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A Commonwealth of V~rginia Toll Revenue Bonds issued under the provisions of this
article shall not be deemed to constitute a debt of the Commonwealth of V~rg~nia or a pledge of
the faith and cred;t of the Commonwealth, but such bonds shall be payable solely from the
funds here;n prov;ded therefor from tolls and revenues, from bond proceeds or earnings
thereon and from any other available sources of funds. All such bonds shall state on their face
that the Commonwealth of V~rginia is not obligated to pay the same or the interest thereon
except from the special fund provided therefor from tolls and revenues under this article, from
bond proceeds or earnings thereon and from any other available sources of funds and that the
faith and credit of the Commonwealth are not pledged to the payment of the principal or
interest of such bonds. The ;ssuance of such revenue bonds under the provisions of this article
shall not directly or indirectly or contingently obligate the Commonwealth to levy or to pledge
any form of taxation whatever therefor or to make any appropriabon for their payment, other
than appropriate available funds derived as revenues from tolls and charges under th~s article
or derived from bond proceeds or earnings thereon and from any other available sources of
funds.
B. Commonwealth of V~rgin;a Transportation Contract Revenue Bonds issued under the
provisions of this article shall not be deemed to constitute a debt of the Commonwealth of
Virginia or a pledge of the faith and credit of the Commonwealth, but such bonds shall be
payable solely from the funds herein provided therefor (i) from revenues received pursuant to
contracts with a primary highway transportation district or transportation service district or any
other alternative mechanism for generation of local revenues for specific funding of a project
satisfactory to the Commonwealth Transportation Board, (ii) to the extent required, from funds
appropriated and allocated, pursuant to the highway allocation formula as provided by law, to
the highway construction district in which the project or projects to be financed are located or
to the county or counties in which such project or projects are located, (iii) from bond proceeds
or earnings thereon, (iv) to the extent required, from other legally available revenues of the
Trust Fund, and (v) from any other available source of funds. All such bonds shall state on
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1 their face that the Commonwealth of Virginia is not obligated to pay the same or the ~nterest
2 thereon except from revenues ~n clauses (i) and (iii) hereof and that the faith and credit of the
3 Commonwealth are not pledged to the payment of the principal and ~nterest of such bonds.
4 The issuance of such revenue bonds under the provisions of th~s article shall not directly or
5 indirectly or contingently obligate the Commonwealth to levy or to pledge any form of taxation
6 whatever or to make any appropriation for their payment, other than to appropriate available
7 funds derived as revenues under th~s article from the sources set forth in clauses (i) and (iii)
8 hereof. Nothing ~n th~s article shall be construed to obligate the General Assembly to make any
9 appropriabon of the funds set forth in clause (ii) or (~v) hereof for payment of such bonds.
10 C. Commonwealth of Virginia Transportation Revenue Bonds issued under the
11 provisions of this article shall not be deemed to constitute a debt of the Commonwealth of
12 Virginia or a pledge of the full faith and credit of the Commonwealth, but such bonds shall be
13 payable solely from the funds here~n provided therefor (i) from revenues received from the U.S.
14 Route 58 Corridor Development Fund, subject to their appropriation by the General Assembly,
15 (ii) to the extent required, from revenues legally available from the Transportabon Trust Fund
16 and (iii) to the extent required, from any other legally available funds which shall have been
17 appropriated by the General Assembly.
18 D. Commonwealth of Virginia Transportation Revenue Bonds issued under this article
19 for Category 1 projects as provided in subdivision (2) (s) of § 33.1-268 shall not be deemed to
20 constitute a debt of the Commonwealth of Virginia or a pledge of the faith and-credit of the
21 Commonwealth. Such bonds shall be payable solely, subject to their appropriation by the
22 General Assembly, first from (i) revenues received from the Northern Virginia Transportation
23 D~str~ct Fund, (i~) to the extent required, funds appropriated and allocated, pursuant to the
24 highway allocation formula as provided by law, to the highway construction district in which the
25 project or projects to be financed are located or to the city or county in which the project or
26 projects to be financed are located, (ii~) to the extent required, legally available revenues of the
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Transportabon Trust Fund, and 0v) such other funds which may be appropriated by the
Ceneral Assembly
E. Commonwealth of Virginia Transportabon Program Revenue Bonds issued under th;s
article for projects defined in subdivision (2) (t) of § 33.1-268 shall not be deemed to constitute
a debt of the Commonwealth or a pledge of the faith and credit of the Commonwealth. Such
bonds shall be payable solely, subject to their appropriabon by the General Assembly, first
from (i) any revenues received from any Set-aside Fund established by the General Assembly
pursuant to § 58.1-816.1, (ii) to the extent required, revenues received pursuant to any
contract with a local jurisdiction or any alternative mechanism for generation of local revenues
for specific funding of a project satisfactory to the Commonwealth Transportation Board, (iii) to
the extent required, funds appropriated and allocated, pursuant to the highway allocation
formula as prowded by law, to the highway construction district in which the project or projects
to be financed are located or to the city or county ~n which the project or projects to be financed
are located, (iv) to the extent required, legally available revenues from the Transportation Trust
Fund, and (v) such other funds which may be appropriated by the General Assembly.
F. Commonwealth of V~rginia Federal Highway Reimbursement Anticipation Notes
issued under this article shall not be deemed to constitute a debt of the Commonwealth of
V~rginia or a pledge of the full faith and credit of the Commonwealth, but such obligations shall
be payable solely, subject to appropriation by the General Assembly, (i) first from any federal
highway reimbursements and any other federal highway assistance received from time to time
by the Commonwealth, (ii) then, at the d~scretion of the Board, to the extent required, from
legally available revenues of the Transportabon Trust Fund, and (iii) then, from such other
funds, if any, which are designated by the General Assembly for such purpose.
G Commonwealth of V~rqin~a Transportation Revenue Bonds issued under this article
for as provided in subdiwsion (2) (v) of § 33 1-268 shall not be deemed to constitute a debt of
the Commonwealth of Vir.qmia or a pledge of the faith and credit of the Commonwealth Such
bonds shall be payable solely, sublect to their appropriation by the General Assembly, first
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from (I) revenues received from the Hampton Roads Transportahon Distr~ct Fund: (;~} to the
extent required: funds appropriated and allocated, pursuant to the hl.qhway allocation formula
as prowded by law: to the hl.qhwa¥ construction d~strlct in which the prolect or prolects to be
financed are located or to the city or county ~n which the prolect or prolects to be financed are
located, (Iii} to the extent required: le.qally available revenues of the Transportahon Trust Fund:
and (iv} such other funds which may be appropriated by the General Assembly
§ 58.1-603. Imposition of sales tax.
,4 There is hereby levied and imposed, in addition to all other taxes and fees of every
kind now imposed by law, a license or privilege tax upon every person who engages in the
business of selling at retail or distributing tangible personal property in this Commonwealth, or
who rents or furnishes any of the things or services taxable under this chapter, or who stores
for use or consumpbon in th~s Commonwealth any item or article of tangible personal property
as defined ~n this chapter, or who leases or rents such property within this Commonwealth, in
the amount of three and one-half percent:
1. Of the gross sales pr;ce of each item or article of tangible personal property when
sold at retail or distributed in this Commonwealth.
2. Of the gross proceeds derived from the lease or rental of tangible personal property,
where the lease or rental of such property is an established business, or part of an established
business, or the same is ~ncidental or germane to such business.
3. Of the cost price of each item or article of tangible personal property stored in this
Commonwealth for use or consumption in this Commonwealth.
4. Of the gross proceeds derived from the sale or charges for rooms, lodgings or
accommodations furnished to transients as set out in the definition of "retail sale" in § 58.1-
602.
5. Of the gross sales of any services which are expressly stated as taxable within this
I chapter.
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B Beq~nn~n.q Aprd 1, 2003, in addition to the tax ~mposed under subsection A, an
additional tax of XXXXX>'X percent ~s hereby lev~ed and ~mposed on the property and acbv~t~es
described ~n subsection A ~n (~ the .qeo_qraph~cal boundaries of the counbes of Gloucester, Isle
of W~qht, James C~ty, and York;.. and (d) the. geo.qraph~cal boundaries of the c~t~es of
Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, V~r.q~n~a
Beach, and Wdl~amsburg.
§ 58.1-604. Imposition of use tax.
A. There is hereby levied and ~mposed, in addition to all other taxes and fees now
imposed by law, a tax upon the use or consumption of tangible personal property in this
Commonwealth, or the storage of such property outside the Commonwealth for use or
consumption in this Commonwealth, in the amount of three and one-half percent:
1. Of the cost price of each item or article of tangible personal property used or
consumed in this Commonwealth. Tangible personal property which has been acquired for use
outside this Commonwealth and subsequently becomes subject to the tax imposed hereunder
shall be taxed on the basis of its cost price if such property is brought within th~s
Commonwealth for use within s~x months of ~ts acquisition; but if so brought within this
Commonwealth six months or more after its acquisition, such property shall be taxed on the
basis of the current market value (but not in excess of its cost price) of such property at the
time of its first use within this Commonwealth. Such tax shall be based on such proportion of
the cost price or current market value as the duration of time of use within this Commonwealth
bears to the total useful life of such property (but it shall be presumed in all cases that such
property will remain within this Commonwealth for the remainder of its useful life unless
convincing evidence is provided to the contrary).
2. Of the cost price of each item or article of tangible personal property stored outside
th~s Commonwealth for use or consumption in this Commonwealth.
3. A transaction taxed under § 58.1-603 shall not also be taxed under this section, nor
shall the same transaction be taxed more than once under either section.
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4. The use tax shall not apply with respect to the use of any article of tangible personal
p,-operty brought ~nto th~s Commonwealth by a nonresident individual, visiting ~n Virginia, for his
personal use, while within th~s Commonwealth
5. The use tax shall not apply to out-of-state mail order catalog purchases totaling $100
or less dunng any calendar year.
B Be.qinn~n.q April 1, 2003, ~n addition to the tax ~mposed under subsection A, an
additional tax of XXXXXXX ~s hereby lev~ed and ~mposed on the property and activities
described ~n subsecbon A in (~) the geo.qraph~cal boundaries of the counties of Gloucester, Isle
of W~ght, James City, and York; and (~i) the geo.qraph~cal boundaries of the c~t~es of
Chesapeake, Hampton, Newport News, Norfolk, .Poquoson, Portsmouth, Suffolk, V~r.q~nia
Beach, and W~ll~amsburq
§ 58.1-611.1. Rate of tax on sales of food purchased for human consumption; Food Tax
Reduction Program.
A. Subject to the conditions of subsections D and E, the tax imposed by ~=~ ,.,,.,c~ ! 603
and 58 !-604 subsection A of § 58 1-603 and subsection A of ~ 58 1-604 on food purchased
for human consumption shall be levied and distributed as follows:
1. From January 1, 2000, through March 31, 2001, the tax rate on such food shall be
three percent of the gross sales price. The revenue from the tax shall be distributed as follows:
(i) the revenue from the tax at the rate of one-half percent shall be distributed as provided in
subsection A of § 58.1-638, (ii) the revenue from the tax at the rate of one percent shall be
distributed as provided in subsections B, C and D of § 58.1-638, and (iii) the revenue from the
tax at the rate of one and one-half percent shall be used for general fund purposes.
2. From April 1, 2001, through March 31, 2002, the tax rate on such food shall be two
and one-half percent of the gross sales price. The revenue from the tax shall be distributed as
follows: 0) the revenue from the tax at the rate of one-half percent shall be distributed as
prowded in subsection A of § 58 1-638, (ii) the revenue from the tax at the rate of one percent
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1 shall be d~strlbuted as provided in subsections B, C and D of § 58.1-638, and (iii) the revenue
2 from the tax at the rate of one percent shall be u~ed for general fund purposes.
3 3. From April 1, 2002, through March 31, 2003, the tax rate on such food shall be two
4 percent of the gross sales price. The revenue from the tax shall be distributed as follows: (i)
5 the revenue from the tax at the rate of one-half percent shall be distributed as provided in
6 subsection A of § 58.1-638, (ii) the revenue from the tax at the rate of one percent shall be
7 distributed as provided in subsections B, C and D of § 58.1-638, and (~ii) the revenue from the
8 tax at the rate of one-half percent shall be used for general fund purposes.
9 4. On and after April 1, 2003, the tax rate on such food shall be one and one-half
10 percent of the gross sales price. The revenue from the tax shall be distributed as follows: (i)
11 the revenue from the tax at the rate of one-half percent shall be distributed as provided in
12 subsection A of § 58 1-638 and (ii) the revenue from the tax at the rate of one percent shall be
13 distributed as provided in subsections B, C and D of § 58.1-638.
14 B. The provisions of this section shall not affect the imposition of tax on food purchased
'15 for human consumption pursuant to §§ 58.1-605 and 58.1-606.
16 C. As used in th~s secbon, "food purchased for human consumption" has the same
17 meaning as "food" defined in the Food Stamp Act of 1977, 7 U.S.C. § 2012, as amended, and
18 federal regulations adopted pursuant to that Act, except it shall not include seeds and plants
19 which produce food for human consumption.
20 D. Notwithstanding the tax rates set forth in subsection A, the rate of tax on sales of
21 food purchased for human consumption for any twelve-month period beginning on or after April
22 1, 2001, shall not be reduced below the rate then in effect for the Commonwealth's current
23 fiscal year if:
24 1. Actual general fund revenues for the fiscal year preceding a fiscal year in which a
25 rate reduction is contemplated in subsection A do not exceed the official general fund revenue
26 estimates for such preceding fiscal year, as estimated in the most recently enacted and
27 approved general appropriation act, by at least one percent; or
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2. Any of the events I~sted ~n subsection C of § 58.1-3524 or subsection B of § 58.1-
3536 have occurred dunng the then current fiscal year.
E. If the tax rate on food purchased for human consumpbon remains the same for the
period January 1, 2000, through March 31, 2001, and the subsequent twelve-month period
beginning on April 1, 2001, or with respect to any consecutive twelve-month periods beginning
on and after April 1, 2001, the tax rate on such food shall remain the same unless none of the
conditions described ~n subsection D have occurred, in which event the tax rate on food
purchased for human consumption for the immediately following twelve-month period shall be
equal to the next lowest tax rate listed in subsecbon A.
F. Th(~re is hereby created on the books of the Comptroller a nonreverting fund entitled
the Food Tax Reserve Fund which shall be used solely for the statutory purposes of the Food
Tax Reduction Program as established by this section, and as may be provided for in the
general appropriation act. For the purpose of the Comptroller's preliminary and final annual
reports required by § 2.2-813, all balances remaining in the Fund on June 30 of each year
shall be considered a portion of the fund balance of the general fund of the state treasury.
G The tax ~mposed by subsection B of § 58 1-603 and by subsection B of § 58.1-604
shall not apply to food purchased for human consumption
§ 58.1-614. Vending machine sales.
A. Notwithstanding the provisions of §§ 58.1-603 and 58.1-604, whenever a dealer
makes sales of tangible personal property through vending machines, or in any other manner
making collection of the tax impracbcal, as determined by the Tax Commissioner, such dealer
shall be required to report his wholesale purchases for sale at retail from vending machines
and shall be required to remit an amount based on four and one-half percent of such
wholesale purchases, except that, beginning April 1, 2003, such wholesale purchases shall be
taxed at the rate of XXXXXXXXX within the geographical boundaries of the counties and cities
~ncluded ~n subsection B of § 58.1-603 and subsection B of § 58 1-604.
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B. Notwithstanding the provisions of §§ 58 1-605 and 58.1-606, dealers mak;ng sales of
tang;ble personal property through vending machines shall report and remit the one percent
local sales and use tax computed as provided ~n subsection A of this secbon.
C. The provisions of subsections A and B of this secbon shall not be applicable to
vending machine operators all of whose machines are under contract to nonprofit
organizations. Such operators shall report only the gross receipts from machines selling items
for more than ten cents and shall be required to remit an amount based on a percentage of
their remaining gross sales established by the Tax Commissioner to take into account the
inclusion of sales tax.
D. Notwithstanding any other provisions in this section or § 58.1-628, when the Tax
Commissioner determines that it is impractical to collect the tax in the manner provided by
those sections, such dealer shall be required to remit an amount based on a percentage of
gross receipts which takes into account the incluston of the sales tax.
E The provisions of this section shall not be applicable to any dealer who fails to
maintain records satisfactory to the Tax Commissioner. A dealer making sales of tangible
personal property through vending machines shall obtain a certificate of registration under §
58.1-613 in relevant form for each county or city in which he has machines
§ 58.1-627. Bracket system for tax at rate of three and one-half percent.
The following brackets of prices shall be used for the collection of the tax imposed by
this chapter, except for such tax imposed with;n the .qeo.qraphical boundaries of the counties
and c;ties included ~n subsection B of § 58 1-603 and subsection B of .~ 58.1-604:
$0.00 to $0.14 no tax
.15 to .42 1> tax
.43 to .71 2> tax
.72 to .99 3> tax
1.00 to 1.28 4> tax
1.29 to 1.57 5> tax
1.58 to 1.85 6> tax
1.86 to 2.14 7> tax
2.15 to 2.42 8> tax
2.43 to 2.71 9> tax
2.72 to 2.99 10> tax
3.00 to 3.28 11> tax
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3.29 to 3.57 12> tax
3.58 to 3.85 13> tax
3.86 to 4.14 14> tax
4.15 to 4.42 15> tax
4.43 to 4.71 16> tax
4.72 to 5.00 17> tax
Mark J. Vucci
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Except within the geographical boundaries of the counties and cities included in
subsechon B of ~i 58 1-603 and subsection B of § 58 1-604, On on transactions ever-greater
than five dollars, the tax shall be computed at three and one-half percent, one-half cent or
more being treated as one cent. Within the geo.qraph~cal boundaries of the counties and cities
~ncluded in subsection B of ~ 58 1-603 and subsection B of § 58 1-604, on transactions greater
than five dollars, the tax shall be computed at XXXXXXX beginning April 1, 2003 For
purposes of the results of th~s computation of tax, one half cent or more shall be treated as one
cent If a dealer can show to the satisfaction of the Tax Commissioner that more than eighty-
five percent of the total dollar volume of his gross taxable sales during the taxable month was
from ind~wdual sales at prices of ten cents or less each, and that he was unable to adjust h~s
prices in such manner as to prevent the economic incidence of the sales tax from falling on
him, the Tax Commissioner shall determine the proper tax liability of the dealer based on that
portion of the dealer's gross taxable sales which was from sales at prices of eleven cents or
20 more.
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§ 58.1-628. Bracket system for combined state and local tax.
The following brackets of prices shall be used for the collection of the combined state
and local tax, except for such tax imposed within the geographical boundaries of the counties
and cities included ~n subsecbon B of § 58 1-603 and subsection B of § 58 1-604:
$0.00 to $0.11 no tax
.12 to .33 1> tax
.34 to .55 2> tax
.56 to .77 3> tax
.78 to .99 4> tax
1.00 to 1.22 5> tax
1.23 to 1.44 6> tax
1.45 to 1.66 7> tax
1.67 to 1.88 8> tax
1.89 to 2.11 9> tax
2.12 to 2.33 10> tax
2.34 to 2.55 11> tax
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2.56 tO 2.77 12> tax
2.78 to 2.99 13> tax
3.00 to 3.22 14> tax
3.23 to 3.44 15> tax
3.45 to 3.66 16> tax
3.67 to 3.88 17> tax
3.89 to 4.11 18> tax
4.12 to 4.33 19> tax
4.34 to 4.55 20> tax
4.56 to 4.77 21> tax
4.78 to 5.00 22> tax
Mark J. Vucci
Except w~th~n the geo.qraphical boundaries of the counties and cities described in
subsection B of § 58 1-603 and subsection B of § 58.1-604, On on transactions over five
dollars, the tax shall be computed at four and one-half percent, one half cent or more being
treated as one cent. W~thm the _qeo.~raph~cal boundaries of the counties and cities included in
subsecbon B of § 58 1-603 and subsection B of § 58.1-604, on transacbons .qreater than five
dollars, the tax shall be computed at XXXXXXX be.q~nn~n.q April 1, 2003 For purposes of the
results of th~s computation of tax, one half cent or more shall be treated as one cent. The
foregoing bracket system shall not relieve the dealer from the duty and hability to remit an
amount equal to four and one-half percent of his gross taxable sales as provided in this
chapter. If the dealer, however, can show to the satisfaction of the Tax Commissioner that
more than eighty-five percent of the total dollar volume of his gross taxable sales during the
taxable month was from individual sales at prices of ten cents or less each and that he was
unable to adjust his prices in such manner as to prevent the economic incidence of the sales
tax from falling on him, the Tax Commissioner shall determine the proper tax liability of the
dealer based on that portion of the dealer's gross taxable sales which was from sales at prices
of eleven cents or more.
§ 58.1-638. Disposition of state sales and use tax revenue; Transportation Trust Fund;
localities' share; Game Protection Fund.
A. The Comptroller shall designate a specific revenue code number for all the state
sales and use tax revenue collected under the preceding sections of this chapter.
1. The sales and use tax revenue generated by the one-half percent sales and use tax
increase enacted by the 1986 Special Session of the General Assembly shall be paid, in the
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1 manner hereinafter provided ~n this section, to the Transportation Trust Fund as defined ~n §
2 33.1-23 03.1. Of the funds pa~d to the Transportation Trust Fund, an ~ggregate of 4.2 percent
3 shall be set aside as the Commonwealth Port Fund as provided ~n this secbon; an aggregate of
4 2.4 percent shall be set aside as the Commonwealth A~rport Fund as provided in this section;
5 and an aggregate of 14 5 percent m fiscal year 1998-1999 and 14.7 percent in fiscal year
6 1999-2000 and thereafter shall be set aside as the Commonwealth Mass Transit Fund as
7 provided in this section. The Fund's share of such net revenue shall be computed as an
8 estimate of the net revenue to be received into the state treasury each month, and such
9 estimated payment shall be adjusted for the actual net revenue received in the preceding
10 month. All payments shall be made to the Fund on the last day of each month
11 2. There is hereby created in the Department of the Treasury a special nonreverting
12 fund which shall be a part of the Transportation Trust Fund and which shall be known as the
13 Commonwealth Port Fund.
14 a. The Commonwealth Port Fund shall be established on the books of the Comptroller
15 and the funds remaining ~n such Fund at the end of a biennium shall not revert to the general
16 fund but shall remain in the Fund. Interest earned on such funds shall remain in the Fund and
17 be credited to it. Funds may be pa~d to any authority, locality or commission for the purposes
18 hereinafter specified.
19 b. The amounts allocated pursuant to this section shall be allocated by the
20 Commonwealth Transportation Board to the Board of Commissioners of the Virginia Port
21 Authority to be used to support port capital needs and the preservation of existing capital
22 needs of all ocean, river, or tributary ports within the Commonwealth.
23 c. Commonwealth Port Fund revenue shall be allocated by the Board of Commissioners
24 to the Virginia Port Authority in order to foster and stimulate the flow of maritime commerce
25 through the ports of Virginia, including but not limited to the ports of Richmond, Hopewell and
26 Alexandria.
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1 3. There ~s hereby created ~n the Department of the Treasury a special nonrevert~ng
2 fund which shall be part of the Transportation Trust Fund and which shall be known as the
3 Commonwealth A~rport Fund. The Commonwealth Airport Fund shall be established on the
4 books of the Comptroller and any funds remaining in such Fund at the end of a biennium shall
5 not revert to the general fund but shall remain in the Fund. Interest earned on the funds shall
6 be credited to the Fund. The funds so allocated shall be allocated by the Commonwealth
7 Transportabon Board to the Virginia Aviation Board. The funds shall be allocated by the
8 Virginia Aviation Board to any Virginia airport which is owned by the Commonwealth, a
9 governmental subdivision thereof, or a private entity to which the public has access for the
10 purposes enumerated in § 5.1-2.16, or is owned or leased by the Metropolitan Washington
11 Airports Authority (MWAA), as follows:
12 Any new funds in excess of $12 1 million which are available for allocation by the
13 V~rg~nia Aviation Board from the Commonwealth Transportation Fund, shall be allocated as
14 follows: sixty percent to MWAA, up to a maximum annual amount of two million dollars, and
15 forty percent to air carrier airports as provided in subdivision A 3 a. Except for adjustments due
16 to changes in enplaned passengers, no air carrier airport sponsor, excluding MWAA, shall
17 receive less funds identified under subdivision A 3 a than it received in fiscal year 1994-1995.
18 Of the remaining amount:
19 a. Forty percent of the funds shall be allocated to air carrier airports, except airports
20 owned or leased by MWAA, based upon the percentage of enplanements for each airport to
21 total enplanements at all air carrier airports, except airports owned or leased by MWAA. No air
22 carrier airport sponsor, however, shall receive less than $50,000 nor more than $2 million per
23 year from this provision.
24 b. Forty percent of the funds shall be allocated by the Aviation Board for air carrier and
25 reliever airports on a discretionary basis, except airports owned or leased by MWAA.
26 c. Twenty percent of the funds shall be allocated by the Aviabon Board for general
27 aviation airports on a discretionary basis.
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1 4. There is hereby created ~n the Department of the Treasury a spec,al nonreverting
2 fund which shall be a part of the Transportabon Trust Fund and which shall be known as the
3 Commonwealth Mass Transit Fund.
4 a. The Commonwealth Mass Transit Fund shall be established on the books of the
5 Comptroller and any funds remaining ~n such Fund at the end of the biennium shall not revert
6 to the general fund but shall remain in the Fund. Interest earned on such funds shall be
7 credited to the Fund Funds may be paid to any local governing body, transportation d~strict
8 commission, or public service corporation for the purposes hereinafter specified.
9 b. The amounts allocated pursuant to th~s section shall be used to support the public
10 transportabon admin~strabve costs and the costs borne by the locality for the purchase of fuels,
11 lubricants, tires and maintenance parts and supplies for public transportation at a state share
12 of e~ghty percent in 2002 and ninety-five percent in 2003 and succeeding years. These
13 amounts may be used to support up to ninety-five percent of the local or nonfederal share of
14 capital project costs for public transportabon and ridesharing equipment, facilities, and
15 associated costs. Capital costs may include debt service payments on local or agency transit
16 bonds. The term "borne by the locality" means the local share eligible for state assistance
17 consisting of costs in excess of the sum of fares and other operabng revenues plus federal
18 assistance received by the locality.
19 c. Commonwealth Mass Transit Fund revenue shall be allocated by the Commonwealth
20 Transportation Board as follows:
21 (1) Funds for special programs, which shall include ridesharing, experimental transit,
22 and technical assistance, shall not exceed 1.5 percent of the Fund.
23 (2) The Board may allocate these funds to any locality or planning district commission to
24 finance up to eighty percent of the local share of all costs associated with the development,
25 implementation, and continuabon of ridesharing programs.
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(3) Funds allocated for expenmental transit proiects may be paid to any local governing
body, transportabon d~strict commission, or public corporabon or may be used d~rectly by the
Department of Rail and Public Transportation for the following purposes:
(a) To finance up to n~nety-five percent of the capital costs related to the development,
~mplementation and promotion of experimental public transportation and ridesharing projects
approved by the Board.
(b) To finance up to ninety-five percent of the operating costs of experimental mass
transportation and ridesharing projects approved by the Board for a period of time not to
exceed twelve months.
(c) To finance up to ninety-five percent of the cost of the development and
~mplementation of any other project designated by the Board where the purpose of such
project is to enhance the provision and use of public transportation services.
d. Funds allocated for public transportation promotion and operation studies may be
paid to any local governing body, planning district commission, transportation district
commission, or public transit corporation, or may be used directly by the Department of Rail
and Public Transportation for the following purposes and aid of public transportation services:
(1) At the approval of the Board to finance a program administered by the Department
of Rail and Public Transportation designed to promote the use of public transportation and
ridesharing throughout Virginia.
(2) To finance up to fifty percent of the local share of public transportation operations
planning and technical study projects approved by the Board.
e At least 73.5 percent of the Fund shall be distributed to each transit property in the
same proportion as its operating expenses bear to the total statewide operating expenses and
shall be spent for the purposes specified in subdivision 4 b.
f. The remaining twenty-five percent shall be distributed for capital purposes on the
basis of ninety-five percent of the nonfederal share for federal projects and ninety-five percent
of the total costs for nonfederal projects. In the event that total capital funds available under
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1 this subdivision are ~nsufficient to fund the complete I~st of eligible projects, the funds shall be
2 distnbuted to each transit property in the same proportion that such capital expenditure bears
3 to the statewide total of capital projects.
4 g. There ~s hereby created in the Department of the Treasury a special nonrevertlng
5 fund known as the Commonwealth Transit Capital Fund. The Commonwealth Transit Capital
6 Fund shall be part of the Commonwealth Mass Transit Fund. The Commonwealth Transit
7 Capital Fund subaccount shall be established on the books of the Comptroller and consist of
8 such moneys as are appropriated to it by the General Assembly and of all donations, gifts,
9 bequests, grants, endowments, and other moneys given, bequeathed, granted, or otherwise
'10 made available to the Commonwealth Transit Capital Fund. Any funds remaining in the
11 Commonwealth Transit Capital Fund at the end of the biennium shall not revert to the general
'12 fund, but shall remain in the Commonwealth Transit Capital Fund. Interest earned on funds
'13 w~th~n the Commonwealth Transit Capital Fund shall remain in and be credited to the
14 Commonwealth Transit Capital Fund. Proceeds of the Commonwealth Transit Capital Fund
'15 may be paid to any political subdivIs~on, another public entity created by an act of the General
'16 Assembly, or a private entity as defined ~n § 56-557 and for purposes as enumerated in
'17 subdivision 4c of § 33.1-269 or expended by the Department of Rail and Public Transportation
18 for the purposes specified ~n this subdivision. Revenues of the Commonwealth Transit Capital
19 Fund shall be used to support capital expenditures involving the establishment, improvement,
20 or expansion of public transportation services through specific projects approved by the
21 Commonwealth Transportation Board. Projects financed by the Commonwealth Transit Capital
22 Fund shall receive local, regional or private funding for at least twenty percent of the
23 nonfederal share of the total project cost.
24 5. Funds for Metro shall be paid by the Northern Virginia Transportation Commission
25 (NVTC) to the Washington Metropolitan Area Transit Authority (WMATA) and be a credit to the
26 Counties of Arlington and Fairfax and the Cities of Alexandria, Falls Church and Fa~rfax in the
27 following manner:
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I a. Local obligations for debt service for WMATA ra~l transit bonds apportioned to each
2 locality using WMATA"s capital formula shall be paid first by NVTC. NV-I'C shall use n~nety-five
3 percent state aid for these payments
4 b The remaining funds shall be apportioned to reflect WMATA's allocation formulas by
5 using the related WMATA-allocated subsidies and relative shares of local transit subsidies.
6 Capital costs shall include twenty percent of annual local bus capital expenses Hold harmless
7 protections and obligations for NVTC's jurisdictions agreed to by NVTC on November 5, 1998,
8 shall remain in effect.
9 Appropriations from the Commonwealth Mass Transit Fund are intended to provide a
10 stable and reliable source of revenue as defined by Public Law 98-184.
11 B. The sales and use tax revenue generated by a one percent sales and use tax shall
12 be distributed among the counties and cities of this Commonwealth in the manner provided in
13 subsections C and D.
14 C. The localities' share of the net revenue distributable under this section among the
15 counties and cibes shall be apportioned by the Comptroller and distributed among them by
16 warrants of the Comptroller drawn on the Treasurer of Virginia as soon as pracbcable after the
17 close of each month during which the net revenue was received into the state treasury. The
18 distribution of the localities' share of such net revenue shall be computed with respect to the
19 net revenue received into the state treasury during each month, and such distribution shall be
20 made as soon as practicable after the close of each such month.
21 D. The net revenue so distributable among the counties and cities shall be apportioned
22 and distributed upon the basis as certified to the Comptroller by the Department of Education,
23 of the number of children in each county and city according to the most recent statewide
24 census of school populabon taken by the Department of Education pursuant to § 22.1-284, as
25 adjusted in the manner hereinafter provided. No special school population census, other than a
26 statewide census, shall be used as the basis of apportionment and d~stribut~on except that in
27 any calendar year in which a statewide census is not reported, the Department of Education
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shall adjust such school populat;on figures by the same percent of annual change in total
population est;mated for each locality by The Center for Public Serv;ce The revenue so
apporbonable and d;stnbutable is hereby appropriated to the several counties and c~bes for
maintenance, operat;on, capital outlays, debt and ;nterest payments, or other expenses
incurred ;n the operation of the publ;c schools, which shall be considered as funds raised from
local resources. In any county, however, wherein ~s situated any ~ncorporated town constituting
a school d~v~s~on, the county treasurer shall pay into the town treasury for maintenance,
operation, cap;tal outlays, debt and ;nterest payments, or other expenses ~ncurred in the
operabon of the public schools, the proper proporbonate amount received by h~m in the ratio
that the school population of such town bears to the school populabon of the entire county. If
the school population of any city or of any town constituting a school division ~s increased by
the annexation of terntory s~nce the last preceding school populabon census, such increase
shall, for the purposes of this sect;on, be added to the school populabon of such c~ty or town as
shown by the last such census and a proper reduction made in the school population of the
county or counbes from which the annexed territory was acquired.
E. Beginning July 1, 2000, of the remaining sales and use tax revenue, the revenue
generated by a two percent sales and use tax, up to an annual amount of $13 million, collected
from the sales of hunting equipment, auxiliary hunting equipment, fishing equipment, auxiliary
fishing equipment, wildlife-watching equipment, and auxiliary wildlife-watching equipment in
V;rginia, as estimated by the most recent U.S. Department of the Interior, Fish and Wildlife
Service and U.S. Department of Commerce, Bureau of the Census National Survey of Fishing,
Hunting, and Wildlife-Associated Recreation, shall be paid into the Game Protection Fund
established under § 29.1-101 and shall be used, in part, to defray the cost of law enforcement.
Not later than th;rty days after the close of each quarter, the Comptroller shall transfer to the
Game Protection Fund the appropriate amount of collections to be dedicated to such Fund. At
any time that the balance ~n the Cap;tal Improvement Fund, estabhshed under § 29.1-101.1, is
equal to or ~n excess of $35 m;llion, any porbon of sales and use tax revenues that would have
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been transferred to the Game Protection Fund, established under § 29.1-101, ~n excess of the
net operabng expenses of the Board, after deducbon of other amounts which accrue to the
Board and are set aside for the Game Protection Fund, shall remain in the general fund until
such t;me as the balance in the Capital Improvement Fund is less than $35 mill~on.
F. If errors are made in any distribution, or adjustments are otherwise necessary, the
errors shall be corrected and adjustments made in the distribution for the next quarter or for
subsequent quarters.
G The revenue .qenerated and collected from the additional XXXXXXX tax, be.qlnn~n.q
April 1, 2003, pursuant to subsection B of ~ 58 1-603 and subsecbon B of § 58 1-604, shall be
deposited in the Hampton Roads Transportation District Fund established under.§ 58 1-638 1.
The revenue credited to such fund shall be the gross revenue generated and collected
from the additional taxes provided under subsection B of ~ 58 1-603 and subsection B of §
58 1-604, less the applicable port~on of any refunds to taxpayers Such revenue shall be
considered funds raised from local sources
GH. The term "net revenue," as used in this section, means the gross revenue received
~nto the general fund or the Transportation Trust Fund of the state treasury under the
preceding sections of this chapter, less refunds to taxpayers.
§ 58.1-638 1. Hampton Roads Transportation District Fund
A. There ~s hereby created in the Department of the Treasury a special nonrevertinq
fund which shall be a part of the Transportation Trust Fund and which shall be known as the
Hampton Roads Transportation District Fund (the Fund), consisting of revenues from the
additional sales tax imposed pursuant to subsection B of § 58.1-603, the additional use tax
imposed pursuant to subsection B of § 58.1-604, the additional sales tax on fuels imposed
pursuant to Article 4.1 (§ 58.1-1724 2 et seq ) of Chapter 17 of T~tle 58 1, and tolls on certain
transportation facilities as described ~n subsection C. The Fund shall also include any public
rights-of-way use fees appropriated by the General Assembly, any state or local revenues,
~nclud~nq but not I~m~ted to, any funds d~stributed pursuant to § 33 1-23 3 or .~ 33.1-23 4, which
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may be deposited ~nto the Fund pursuant to a contract between a lurlsdlctlon partlclpat~n,q ~n
the Hampton Roads Transportation D~str~ct Proqram and the Commonwealth Transportation
Board; and any other funds as may be appropnated by the General Assembly from t~me to
t~me and des~qnated for th~s Fund and all ~nterest, d~v~dends and appreciation which may
accrue thereto Any moneys remain~nq ~n the Fund at the end of a b~ennium shall not revert to
the general fund, but shall remain ~n the Fund, sublect to the determination by the
Commonwealth Transportation Board that a Category 2 pr01ect or prolects may be funded
B Allocations from this Fund may be pa~d (~) to any authority, locality or commission for
the purposes of paying the costs of the Hampton Roads Transportation D~stnct Proqram which
consists of the follow~nq Hampton Roads Cross~nq (Third Cross~nq), Interstate 64
Improvements (Peninsula), Route 460, Southeastern Parkway and Greenbelt, M~dtown Tunnel/
Mart~n Luther K~nq Freeway Extension/ Pinners Point Connector, and Public Transit/Ra~l
Service
C In the case of transportation facilities controlled by the V~rqin~a Department of
Transportation, the Commonwealth Transportation Board shall ~mpose or revise tolls on certain
transportation facilities as approved ~n a referendum by the voters of the counties and c~t~es
included ~n subsection B of § 58 1-603 and subsection B of § 58 1-604. Such approval shall
be deemed ,qranted if a malority of those vot~nq at the elect~on vote in the affirmative upon the
question of plac~n.q tolls on des~qnated transportation facilities. A "malonty of those vot~n.q at
the election" means a malority of those vot~nq in the entire reqion constituted by the counties
and cities included in subsection B of § 58 1-603 and subsection B of § 58 1-604, and does
not require a malonty of those vot~nq ~n any ~ndividual county or c~ty Such tolls shall be
~mposed by the Commonwealth Transportation Board as soon as practicable on the
transportation facd~t~es, and ~n the amounts, desi.qnated in such referendum The revenue
,qenerated and collected from such tolls shall be paid into the state treasury to the credit of the
Fund
Article 4.1.
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,~ 58 1-1724 2
Motor Vehicle Fuel Sales Tax ~n Certain Localities
Rules and requlat~ons, bracket system
The Tax Commissioner shall promulqate rules and regulations for the req~stratlon of
dealers and the procedures for fll~nq returns for the payment of the tax ~mposed pursuant to
th~s arbcle Such regulations shall include prows~ons for a bracket system, designed so that
the tax w~ll appear on the fuel pump as a part of the total cost of a unit of fuel, whether the unit
~s a .qallon or other measure The bracket system shall state the tax per unit measure in tenths
of a cent, and shall be in increments of no more than two and one-half cents.
§ 58 1-1724 3 Sales tax on fuel ~n certain localities
A There is hereby lewed, in addition to all other taxes imposed on fuels sublect to tax
under Chapter 22 (.~ 58 1-2200 et seq.) of this title, a sales tax of XXXXXXX of the retail price
of such fuels sold within O) the geo.qraph~cal boundaries of the counties of Gloucester, Isle of
W~ght, James C~ty, and York; and Oi) the .qeo,qraph~cal boundaries of the cities of Chesapeake,
Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, V~r.qinia Beach, and
Will~amsburq. As used ~n this section "retad sale" means a sale to a consumer or to any
person for any purpose other than resale.
B The tax ~mposed under th~s section shall be subject to the provisions of the Virqin~a
Retail Sales and Use Tax Act f.~ 58.1-600 et seq.}, except that the exemption provided for
motor vehicle fuels under § 58 1-609.13, and the bracket system provided in such act, shall not
be applicable
§ 58 1-1724 4. Exclusion from professional license tax.
The amount of the tax imposed by this article and collected by a dealer in any taxable
year shall be excluded from .qross receipts for purposes of any tax imposed under Chapter 37
(.~ 58.1-3700 et seq ) of this btle.
§ 58 1-1724.5. Refund of motor vehicle fuel sales tax.
Anyone who purchases fuel (~) that is taxed under the provisions of ~} 58 1-1724 2 and
(il) upon which a refund is .qranted, for motor fuels taxes paid pursuant to Chapter 22 (§ 58.1-
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2200 et seq ) of th~s btle, may file a claim for a refund of taxes pa~d under th~s article w~th~n
thirty days after receipt of a refund under the above chapter on forms and under requlat~ons
adopted by the Department of Taxation
§ 58 1-1724 6 D~spositlon of tax revenues
All taxes pa~d to the Commissioner pursuant to th~s article, after subtraction of the d~rect
costs of administration by the Department, shall be deposited in the Hampton Roads
Transportation D~str~ct Fund established under § 58.1-638 1 The taxes pa~d to the
Commissioner pursuant to th~s article shall be considered funds raised from local sources.
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9 The direct costs of adm~n~strabon shall be credited to the funds appropriated to the
10 Department.
11 § 58 1-1724.7 Disclosure of information, penalbes
12 For purposes of adm~nisterinq the tax lev~ed under this article, the Commissioner, upon
13 written request, ~s authorized to provide to the finance officer of any city or county who ~s
14 charged with adm~n~stennq the motor vehicle fuel sales tax, such ~nformation as may be
15 necessary for the performance of official dubes Any person to whom ~nformabon is provided
16 pursuant to this section shall be sublect to the prohibitions and penalties prescribed ~n § 58 1-
17 3.
18 2. That the additional state sales and use taxes, state sales tax on fuels, and tolls
19 provided under this act shall be levied and imposed only if approved in a referendum.
20 Only the qualified voters in the counties of Gloucester, Isle of Wight, James City, and
21 York and the cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson,
22 Portsmouth, Suffolk, Virginia Beach, and Williamsburg shall vote on the referendum
23 question. The clerks of the circuit courts for such counties and cities shall publish
24 notice of the referendum in a newspaper of general circulation in the respective county
25 or city once a week for three consecutive weeks prior to the referendum. The
26 referendum shall be held on the Tuesday after the first Monday in November 2002. The
27 regular election officers of such counties and cities shall open the polls on such day
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and shall take the sense of the qualified voters on such additional taxes and tolls, as
provided under this act.
The ballot used shall be printed to read as follows:
"Shall an additional XXXXXXXXX state sales and use tax and XXXXXXXXX state fuels
tax be imposed in Gloucester County, Isle of Wight County, James City County, York
County, the City of Chesapeake, the City of Hampton, the City of Newport News, the City
of Norfolk, the City of Poquoson, the City of Portsmouth, the City of Suffolk, the City of
Virginia Beach, and the City of Williamsburg and shall there be a XXXXXXXX toll on
XXXXXXXX, a XXXXXXXX toll on XXXXXXXX, and a XXXXXXXX toll on XXXXXXXX, with
the revenues from such taxes and tolls to be used solely for transportation projects and
purposes as specified in Chapter (...Chapter number...) of the 2002 Acts of Assembly. If
approved, the additional sales and use tax and fuels tax shall begin April 1, 2003, and
the tolls shall be collected as soon as practicable?
~ Yes
!'1 No"
3..~ 1 This act shall be known and may be c~ted as the Hampton Roads Transportation
D~stnct Proqram Act of 2002.
§ 2. For purposes of this act, the followinq definitions shall apply:
"Program" means the Hampton Roads Transportation District Proqram established pursuant to
§ 33.1-221.1:7
"Proiect" means the transportation projects included in the program.
§ 3. The Proqram shall consist of the followinq proiects: Hampton Roads Crossing (Third
Cross~nq), Interstate 64 Improvements (Peninsula), Route 460, Southeastern Parkway and
Greenbelt, Midtown Tunnel/Martin Luther Kinq Freeway Extension/Pinners Point Connector,
and Public Transit/Rail Service and certain other projects as specified hereto
§ 4 The Commonwealth Transportation Board ~s hereby authorized, by and w~th the consent
of the Governor, to issue, pursuant to the provisions of §§ 33 1-267 throuqh 33 1-295 of the
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Code of V~rq~n~a, at one bme or from bme to bme, bonds of the Commonwealth to be
designated "Commonwealth of V~r.q~n~a Transportabon Revenue Bonds, Series. ," ~n an
a.q.qre.qate pnnc~pal amount not exceedlnq XXXXXXXXXXX to finance the costs of the prolects
plus an amount for the ~ssuance costs, capitalized interest, reserve funds, and other flnancinq
expenses (the "Bonds"). The proceeds of the Bonds shall be used exclusively for the purpose
of providinq funds, w~th any other available funds, for paying the costs incurred or to be
~ncurred for construction or fund~nq of the prolects which comprise the program, consisbng of
enwronmental and en.q~neennq studies, rights-of-way acquisition, improvements to all modes
of transportation, construction and related improvements (the "prolects"). Such costs may
~nclude the payment of ~nterest on the Bonds for a period durinq construction and not
exceed~nq one year after complebon of construcbon of the prolects
The projects shall be classified as Category 1 and Category 2 projects, each cate.qroy
be~n.q sublect to d~fferent precond~bons Bonds to finance the cost of Category 1 prolects may
be issued by the Commonwealth Transportabon Board Category 2 prolects shall not be
financed throuqh the issuance of Bonds, however, after all Bonds authorized have been
~ssued, or ~f there ~s excess bond-issu~nq capacity, then to the extent the Hampton Roads
Transportation D~stnct Fund contains amounts in excess of the amount needed to pay annual
debt service on such Bonds in a particular fiscal year, such excess amounts may be expended
to pay the cost of the work ~denbfied as Category 2 projects
The prolects, and the amount of bonds authorized to be issued for each such prolect,
are as follows and constitute the Hampton Roads Transportation D~strict Proqram
Cateqory 1 prolects
Projects Bond amount
XXXXXXXXXXXX
Hampton Roads Crossing (Third Crossing)
Interstate 64 Improvements (Peninsula) XXXXXXXXXXXX
Route 460 XXXXXXXXXXXX
Southeastern Parkway and Greenbelt XXXXXXXXXXXX
Midtown Tunnel/Martin Luther King Freeway
Extenslon/Plnners Point Connector
XXXXXXXXXXXX
Public Transit/Rail Servzce XXXXXXXXXXXX
Total XXXXXXXXXXXXXX
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The work ~denbfled as Cate.qory 2 polects to be funded from the Hampton Roads
Transportabon D~stnct Fund, to the extent there are sums ~n excess of the amount needed to
pay debt service on the Bonds, ~n a ~q~ven fiscal year, is as follows
Category 2 prolects
Such add~bonal prolects as may be concurred in by the local .qovernments of the
counbes of Gloucester, Isle of Wight, James City, and York and the c~t~es of Chesapeake,
Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, V~r.q~n~a Beach, and
W~ll~amsbur.q
The revenue bonds shall be ~ssued by the Commonwealth Transportabon Board and
sold throuqh the Treasury Board, which is hereby desLqnated the sales and pay~n.q a.qent of the
Commonwealth Transportation Board with respect to such bonds The Treasury Board's
dubes shall ~nclude the approval of the terms and structure of the bonds In the event the
ag.qreqate pnnclpal amount of the initial ~ssuance is less than XXXXXXXXX, the
Commonwealth Transportation Board shall allocate the proceeds of the Bonds to individual
projects ~n proportion to the total amount of debt authorized under th~s section for such
proiects
.~ 5. The
proceeds of the
Bonds here~n authorized shall be made
avadable by the
Commonwealth Transportation Board to pay the costs of the proiects and, where appropriate,
may be pa~d to any authority, locality, or commission for the purposes of paying for the costs of
the projects The proceeds of the bonds may be used with any local, private or federal funds
which may be made available for the proiects.
~ 6. The bonds of each issue shall be dated, shall bear ~nterest at such rate or rates, shall
mature at such time or bmes not exceeding thirty years from their date or dates, as may be
determined by the Commonwealth Transportation Board and may be made redeemable before
their maturity or maturibes at such price or prices and under such terms and conditions as may
be fixed by the Commonwealth Transportation Board prior to the ~ssuance of the bonds The
principal of and the ~nterest on sa~d bonds shall be made payable in lawful money of the United
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The Commonwealth Transportation Board shall determine the form of the
bonds and fix the denom~nabon or denomlnabons of the bonds and the place or places of
payment of the pnnc~pal and interest thereof, which may be at the off~ce of the State Treasurer
or any bank or trust company w~th~n or w~thout the Commonwealth
All bonds ~ssued under the prowsions of th~s act shall have and are hereby declared to
have, as between successive holders, all the qualities and incidents of neqotiable instruments
under the neqobable ~nstruments law of the Commonwealth
The bonds may be ~ssued ~n coupon or in req~stered form or both, and ~n book entry
form, as the Commonwealth Transportabon Board may determine, and provision may be made
for the req~strabon of any coupon bonds as to pnncipal alone and also as to both pnnc~pal and
~nterest, and for the reconversion of any bonds reqistered as to both principal and ~nterest ~nto
coupon bonds.
Such bonds may be sold at public or private sale for such price or prices as the
Commonwealth Transportabon Board may determine to be in the best ~nterest of the
Commonwealth
§ 7 The bonds shall be s~qned on behalf of the Commonwealth by the Commonwealth
Transportation Comm~sioner, or bear his facsimile s~qnature, and shall bear the official seal of
the Commonwealth Transportation Board and be attested by the Secretary of such Board
Any interest coupons shall bear a facs~mde of the siqnature of the Commissioner In the event
that such bonds shall bear the facsimde siqnature of the Commissioner, the bonds shall be
signed by such administrative assistant as the Commissioner shall determine or by any
re.q~stradpayin.q agent that may be des~qnated by the Treasury Board In case any officer
whose siqnature, or facsimile siqnature, appears on any bonds or coupons ceases to be such
officer before the delivery of the bonds, such s~.qnature, or facsimile siqnature, shall
nevertheless be valid and sufficient for all purposes as if he had remained in office until such
delivery.
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.~ 8 All expenses ~ncurred under this Act shall be pa~d from the proceeds of the bonds or from
any avadable funds as the Commonwealth Transportation Board shall determine.
.~ 9 The Commonwealth Transportation Board is hereby authorized to borrow money throuqh
the execution and issuance of notes of the Commonwealth for the same, but only in the
follow~nq c~rcumstances and under the follow~nq conditions:
a In antic~pabon of the sale of the bonds the ~ssuance of which shall have been
authorized by the Commonwealth Transportabon Board and shall have been approved by the
Governor, ~f the Commonwealth Transportation Board shall deem ~t adwsable to postpone the
~ssuance of the bonds
b. For the renewal of any loan evidenced by notes herein authorized.
§ 10. The proceeds, excluding any premium, of such bonds and of the bond anbcipation notes
here~n authorized (except the proceeds of bonds the ~ssuance of which has been anhc~pated
by such bond anbc~pat~on notes) shall be placed by the State Treasurer in a special fund ~n the
state treasury, or w~th his concurrence may be placed ~n accordance with § 33 1-283, and shall
be d~sbursed only for the purpose for which such bonds and such bond anticipation notes shall
be ~ssued, prowded that proceeds derived from the sale of bonds or renewal here~n authorized
shall be first used ~n the payment of any bond anticipation notes that may have been issued in
anticipation of the sale of such bonds and any renewals of such notes.
§ 11. The Commonwealth Transportation Board is hereby authorized to receive any other
funds that may be made available to pay the cost of the proiects and to make available such
funds for the payment of the principal of and interest on the debt authorized hereby, and to
enter ~nto the appropriate agreements to allow for those funds to be paid into the state treasury
to pay a part of the cost of the prolects or to pay the principal of and interest on such debt.
§ 12. The Commonwealth Transportation Board, prior to the issuance of such bonds, may
establish a minimum reserve fund requirement for the bonds.
~ 13 The Commonwealth Transportation Board prior to the ~ssuance of the bonds shall
establish a sinkinq fund for the payment of the bonds to the credit of which fund there shall be
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deposited such amounts as are required to pay debt serv;ce on the bonds when due and
payable for such fiscal years first from (~} revenues rece;ved from the Hampton Roads
Transportabon D~strlct Fund, (~;) to the extent required, funds appropr;ated and allocated,
pursuant to the h;ghway allocat;on formula as prov;ded by law, to the h~q_hway construcbon
d~str~ct ~n which the prolect or prolects to be financed are located or to the city or county in
which the prolect or proiects to be financed are located, (ii~) to the extent required, legally
available revenues of the Transportahon Trust Fund, and (iv) to the extent requ;red for the
payment of the bonds, any other leqally ava;labia funds which shall have been appropr;ated by
the General AssembhL
§ 14 Bond proceeds and moneys ;n any reserve funds and s;nk~nq funds shall be ;nvested by
the State Treasurer ~n accordance w;th the provis;ons of .qeneral law relatinq to the ;nvestment
of such funds belonqin.q to or ~n the control of the Commonwealth, or with the State Treasurer's
concurrence by a trustee ~n accordance w~th § 33.1-283.
§ 15 The interest ;ncome from, but not any profit made on the sale of the bonds, notes and
coupons, ~f any, ;ssued under the prov;s~ons of this act, shall at all bmes be free and exempt
from taxation by the Commonwealth and by any municipality, county, or other political
subd;vision thereof.
§ 16 All bonds and notes issued under the prov;sions of this act are hereby made securibes in
wh;ch all public officers and bodies of the Commonwealth, all counties, cities, and towns and
mun;cipal subd;visions, all insurance companies and associat;ons, all savinqs banks and
savings ~nstitutions, includinq savinqs and loan associations, adm;nistrators, guardians,
executors, trustees, and other fiduciaries ~n the Commonwealth may properly and leqally ~nvest
funds under the;r control.
§ 17. If any part of th~s act or the appl;cabon thereof to any person or circumstance ~s held
invalid by a court of competent lur~sd;ct;on, such hold;n.q shall not affect the validity of the
remainder of the provisions or appl~cat;ons of the act which can be given effect without the
~nval~d provision or application, and to th~s end the prowsions of this act are severable.
4O
02 - 3025568 11/29/01 11:46 AM Mark J. Vucci
1 4. That the additional state sales and use taxes, state sales tax on fuels, and tolls
2 provided under this act shall end upon final payment of the principal and interest on
3 bonds and other indedtedness issued pursuant to the second enactment of this act.
4 5. That the revenues and other moneys in the Hampton Roads Transportation District
5 Fund dedicated to transportation purposes under this act shall not diminish or replace
6 allocations or appropriations for transportation purposes made by any locality within
7 the counties or cities included in subsection B of § 58.1-603 and subsection B of § 58.1-
8 604, the Commonwealth, or any other source, but shall be supplemental to all such
9 other allocations and appropriations. In addition, such revenues and moneys shall not
10 be used to calculate or reduce the share of local, federal, or state revenues otherwise
11 available to any locality within the counties or cities included in subsection B of § 58.1-
12 603 and subsection B of § 58.1-604 or to the Hampton Roads construction district.
13 Further, such revenues and moneys shall not be included in any computation of, or
14 formula for, a Iocality's ability to pay for public education, upon which appropriations of
15 state revenues to local governments for public education are determined.
16 6. That the Department of Taxation, in accordance with the state sales and use tax
17 increase provided in this act, shall promulgate regulations, pursuant to the
18 Administrative Process Act (§ 2.2-4000 et seq.), establishing brackets of prices and
19 associated state and combined state and local sales and use taxes on taxable
20 transactions of five dollars or less within the geographical boundaries of the counties
21 and cities included in subsection B of § 58.1-603 and subsection B of § 58.1-604.
22 7. That if any clause, sentence, paragraph, section, or part of this act or the application
23 thereof to any person, entity, or circumstance is adjudged invalid by any court of
24 competent jurisdiction, such judgment shall not affect the validity of the remainder
25 hereof but shall be confined to the clause, sentence, paragraph, section, or part hereof
26 directly involved in the controversy in which such judgment shall have been rendered,
27 and to this end the provisions of this act are severable.
41
02 - 3025568 11/29/01 11:46 AM Mark J. Vucci
1 8. That, except for the referendum in the second enactment of this act, the provisions
2 of this act shall be effective on January 1, 2003, and only if a majority of those voting at
3 the election and upon the question described in the second enactment of this act vote
4 in the affirmative on the question presented. For purposes of this act, "a majority of
5 those voting at the election" means a majority of those voting in the entire region
6 constituted by the localities included in such second enactment, and does not require a
7 majority of those voting in any individual locality.
8 #
42
02 - 3025568 11/29/01 11:46 AM
SUMMARY
Hampton Roads Transportation District Program. Provides for the issuance of 9(d) debt to
finance the costs of an adequate, modern, safe and efffic~ent transportation network ~n Hampton
Roads. The principal and interest on the bonds shall be pa~d from additional state retail sales and
use taxes and motor vehicle fuel sales taxes ~n the counties of Gloucester, Isle of W~ght, James C~ty,
and York and the cibes of the Chesapeake, Hampton, Newport News, Norfolk, Poquoson,
Portsmouth, Suffolk, V~rginla Beach, and Williamsburg. Principal and ~nterest on the bonds shall also
be pa~d from tolls on transportation facilities in such counties and c~ties The additional taxes and
tolls, and the issuance of the bonds, shall only be effective if approved by the voters of such counbes
and cibes in a regional referendum to be held in November 2002. A simple majority of the voters
voting at such elect~on ~n the entire region consbtuted by such counbes and c~ties ~s required for the
taxes and tolls to become effecbve. The b~ll does not require the affirmative vote of a majority of
those voting ~n any individual county or city for the taxes and tolls to become effective.
City of Virginia Beach
MARLENE CLAYA HAGER
GENERAL REGISTRAR
P O 8OX 6247
VIRGINIA BEACH, VA 23456-0247
mhage~)c{ty vlrglma-beach va us
(757) 427-8683
FAX (757) 426-5632
TDD (757) 427-4305
TO:
Ruth Hodges Smith
City Clerk
FROM:
Marlene Claya Hager
General Registrar
SUBJ: Abstract of Votes
DATE: November 16, 2001
Please find enclosed one certified copy of the Abstracts of Votes for the
November 6, 2001 General Election.
Received by ' ~~ .//J~
Vote 2000//
ABSTRACT OF VOTES
cast in the CITY OF VIRGINIA BEACH
at the November 6, 2001 General Election, for:
· Virginia,
GOVERNOR
NAMES OF CANDIDATES WITH PARTY JO AS ~NOWN ON ~4L~OT
MARK L. EARLEY
MARK R. WARNER (D)
TOTAL VOTES
J~,CEIVED
(IN FIGURES)
49,800
43,495
WILLIAM B. REDPATH (L! ............ 560
Total Write-In Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
35
151
574
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the electron held on November 6, 2001, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands thIs 7th
A copy testa.
day of November, 2001.
, Chairman
, Vice Chairman
· Secretary
Secretary· Electoral Board
WRITE-INS CER TIFICA TION'
VIRGINIA BEACH ......
~ cou.r~ I~ c~
General ~ Special
Election
GOVERNOR
November 6, 2001
OFFICE TITLE
Page I of 2
DISTRICT NAME OR NUMBER, IF APPLICABLE
WRITE-INS - SU1VIMARY
TOTAL VOTES
R£C£1VED
fin FLour,s)
1. Invalid Write-Ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins
[ENTER THIS FIGURE ON LI~E'F~R'T~T'AI~ ~tR'IT~=';N ~'r~
21
ENTER TOTAL INVALID
14
ENTER TOTAL VALID
35
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE*INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
OSCAR BABBITT
JERRY BAXLEY
FRANK L. BREWER
ROY FOREHEAD
WILLIAM GAMBRELL
2 2
CONTINUED ON PAGES THROUGH
We, the undersigned Electoral Board, upon exam/nation of the official records deposited wi~h the Cler/~ of the
Circuit Court of the e/ectlon held on November 6, 2001, do hereby certify that, with the continuation pages
indicated, the above lsa true and correct certification of the wnte-ln votes cast at said elect/on for the off/ce
4nd/cared above.
Given under our hands th~s
A copy teste'
7th
day of/Novembef~ 2001.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
WRITE-EVS CER TIFICA TION . CONTINUATION
VIRGINIA BEACH
COUNTY
OFFICE TITLE
GOVERNOR
General ~ Special Election
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 6, 2001
Page 2 of 2
VALID WRITE-INS - DETAIL
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETICAL ORDER 8ELOW AND ON ADDITIONAL
CONTINUA T/ON PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN ADDED TOGET'HER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF/~AGE ~.
RUDOLPH GULLIANI
JOHN HAGER
SHERRY STANLEY
KENNETH W. STOLLE
DONALD SUTTON
TOTAL VOTES
RECFJVED
.,4 RSTRACT OF VOTES
cast in the CITY OF VIRGINIA BEACH
at the November 6, 2001 General Election, for:
· Virginia·
LIEUTENANT GOVERNOR
flIAME$ OF CANOIO,~ TE$ WIT# ,O~RI'Y ]~0 AS SNOW~I! 01~ J~II OT
JAY K. KATZEN
TIMOTHY M. KAINE (D)
GARY A. REAMS
7'OTA4 VOTES
RtC~IVED
f#v
50,801
40,235
1,039
Total Write-In Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
40
77
2,423
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that the above rs a true and correct
Abstract of Votes cast at sa~d election for the office indicated above.
Given under our hands this
copy teste.
7th
day of November, 2001
/
, Chamrman
, Vmce Chairman
, Secretary
Secretary, Electoral Board
WR TE-INS CER TIFICA TION'
VIRGINIA BEACH
COUNTY CITY
General ~] Special
Election
LIEUTENANT GOVERNOR
OFFICE TITLE
November 6, 2001
Page 1 of 1
DISTRICT NAME OR NUMBER, IF APPLICABLE
WRITE-INS - S~Y
TOTAL VOTES
RECEIVED
(IN FIOUttE$)
1. Invalid Write-Ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins .................
36
ENTER TOTAL INVAUD
4
ENTER TOTAL VALID
40
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
JENNIFER BREWER
TOTAL VOTES
RECEIVED
(IN
JOHN HAGER 1
JERRY W. KILGORE
MICHAEL J. POSTA III
CONTINUED ON PAGES THROUGH
We, the undersigned Electoral Board, upon exam/nation of the off/c/al records deposited wi~h the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that, w/th the continuation pages
indicated, the above/s a true and correct certification of the write-in votes cast at said election for the office
4nd/cared above.
Given under our hands this day of November, 2001
A copy teste
!i~-~' ~~ , Vice Chmrman
. , Secretary
Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the CITY OF VIRGINIA BEACH
at the November 6, 2001 General Election· for:
· Virginia,
ATTORNEY GENERAL
NAMES OF CANDIDATES WITH PARTY ~J) AS SHOWN ON ~,4I I OT
JERRY W. KILGORE (R)
A. DONALD McEACHIN (D)
TOTA4 VOTES
RECEIVED
fin FIOU~E$)
62,830
30,020
Total Write-In Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
111
63
1,591
We, the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this
,4 copy teste:
7th
day of November,.~ 200,. 1. ~~
, Chairman
, V~ce Chairman
, Secretary
Secretary, Electoral Board
WR TE-INS CERTIFICATION'
VIRGINIA BEA~)H
COUNTY CITY
General ~J Special Election
ATTORNEY GENERAL
OFFICE TITLE
November 6, 2001
Page 1 of 2
DISTRICT NAME OR NUMBER, IF APPLICABLE
WRITE-INS - SLrMMARY
TOTAL VOTES
RECEIVED
#N F/OU/~S)
1. Invalid Write-ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins ..............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.]
94
ENTER TOTAL INVAUD
17
ENTER TOTAL VALID
111
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-iNS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAl. ENTERED
ON LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
(IN
FRANK DREW
JOHN EDWARD
FICUS 1
JOHN GALT 1
JIM HAINE 1
2 2
CONTINUED ON PAGES . THROUGH
We, the undersigned Electoral Board, upon examination of the off/c/al records deposited Wi~h the Clerk of the
Circuit Court of the elect/on held on November 6, 2001, do hereby certify that, with the continuation pages
indicated, the above/s a true and correct certification of the wnte-m votes cast at said election for the office
4ndica ted abo va.
Given under our hands th/s
A copy testa.
7th
day of November, 200 ~.
, Chairman
-~, Vice Chairman
, Secretary
Secretary, Electoral Board
WRITE-17~S CER TIFICA TION - CONTRA TION'
VIRGINIA BEACH
COUNTY ~ CITY
ATTORNEY GENERAL
OFFICE TITLE
DISTRICT NAME OR NUMBER, IF APPLICABLE
General ~ Special Election
November 6, 2001
Page 2 of 2
VALID WRITE-INS - DETAIL
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON ADDITIONAL
CONTINUA TION PACES, AS NEEDED. ALI. VAUD WRITE-/NS WHEN ADDED TOGETHER MUST
EOUAL TOTAL ENTERED ON LINE 2 OF PAGE ?.
ROGER NEAL HUGHES
JAMES W. LARK III
LARRY K. LARKIN
SARAH MULLER
DONALD PETERS
RICHARD A. SANDERS
EDWARD SARGENT
KENNETH W. STOLLE
TOTAL VOTES
RECEIVED
(I~V F~U;E$)
~4 ~STRACT OF VOTES
cast in the CITY OF VIRGINIA BEACH
at the November 6, 2001 General Election, for:
· Virginia,
MEMBER
HOUSE OF DELEGATES
21st
ENTER DISTRICT NUMBER
iVAME$ OF CANDIDATES WITH PAR}'Y JO AS ,.~fOWN ON J[IILLOT
JOHN J. WELCH III (R)
TOT,44 VOTES
J~EC£1VED
flay F~ua£sj
10,563
Total Write-In Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
320
2,591
We, the undersigned Electoral Board, upon exammatlon of the official records deposffed wffh the Clerk of the
Circuit Court of the elect~on held on November 6, 2001, do hereby certify that the above ~s a true and correct
Abstract of Votes cast at sa~d elect/on for the ofhce indicated above.
Given under our hands this
copy taste:
7th
, Chmrman
, V~ce Chairman
.... Secretary
Secretary, Electoral Board
WR TE-INS CER TIFICA TION'
VIRGINIA BEA~iH
COUNTY C~TY
General ~ Special
Election
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
November 6, 2001
21st
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 1 of 3
WRITE-INS
TOTAL VOTES
RECEIVED
fin
1. Invalid Write-ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins ..............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRl~-IS VOll~S ON ABSTRACT FOR THIS OFFICE.]
278
ENTER TOTAL INVALID
42
ENTER TOTAL VALID
32O
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
FRED ADAMS 1
ROBERT J. AVERY
JUSTICE C. BOONE
CURTIS BRADFORD
CHARLES S. CAMMILLERI
2 3
CONTINUED ON PAGES TI4ROUGH
We, the undersigned Electoral Board, upon exam/nation of the official records deposited with the Cleric of the
Circuit Court of the e/ectlon held on November $, 2001, do hereby certify that, wffh the continuation pages
indicated, the above ~s a true and correct certification of the write-in votes cast at said election for the office
4nd/ca ted abo va.
Given under our hands this
copy testa
7th
day of November, 2001.
, Chairman
, Vice Chairman
. , Secretary
Secretary, Electoral Board
WRITE-I~S CER TIFICA TION . C ONT1NUA TION
VIRGINIA BEACH
~ cou. r~ ~ cl~
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
21st
DISTRICT NAME OR NUMBER, IF APPLICABLE
General {~ Special Election
November 6, 2001
Page 2 of 3
VALID WRITE-INS -DETAIL
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETIC. AL ORDER BELOW AND ON ADDITIONAL
CONTINUA T/ON PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN,ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ?.
RICHARD CHELIRAS
JIM DAVIS
REGGIE EARLY
CHRIS EPSTEIN
AFSHIN FARASHAHI
ROY FOREHEAD
JAMES S. GILMORE III
DAVID HUGH GRACE
LANGDON HAGEN-LONG
F. T. HOLLAND
JAMES JOE
CHILTON W. MAHIN
DON MARSHALL
CHRIS MCCULLOUGH
OWEN B. PICKETT
MARK QUALTIERI
ROSEMARY RACHLIN
TOTAL VOTES
RECEIVED
(1# Fl=USe$)
WRITE-I~S CER TIFICA TION . C O~.I~/'UA TION'
VIRGINIA BEACH
COUNTY ~ CITY
General Q Special Election
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 6, 2001
Page 3 of 3 ,
VALID WRITE-INS -DETAIL
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON ADDITIONAL
CONTINUA TION PAGES, AS NEEDED. ALL VAUD WRITE-.INS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE 1.
JEFFREY A. RAMIREZ
WILLIAM B. REDPATH
WILLIAM P. "BILLY" ROBINSON JR.
SHELIA D. SMITH
LOUISE STRAYHORN
MAUD TABISl
TIM S. TALLEY
MARIAN THOMAS
MARGARET TOTIN
LEO C. WARDRUP JR.
DELORIS A. WARREN
TOTAL VOTES
RECBVED
(1# FIOU~E$)
ABSTRACT OF VOTES
cast in the
CITY OF VIRGINIA BEACH
at the November 6, 2001 General Election· for:
· Virginia,
MEMBER
HOUSE OF DELEGATES
81st
ENTER DISTRICT NUMBER
J~AME$ OF CANDZOATE$ WITH PARTY/0 AS .,~IOWN ON J[4LLOT
TERRIE L. SUIT (R)
TOTA4 VOTES
RECEIVED
fin F~URES)
7,971
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
128
1,606
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that the above is a true and correct
Abstract of Votes cast at sald election for the off/ce indicated above.
Given under our hands this
copy teste:
7th
day of Novembe~r, 2001/)f ~
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
WR TE-INS CER TIFICA TION'
VII~GINIA BEACH
General ~] Special
Election
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
November 6, 2001
81st
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 1 of 2
WRITE-INS - StfiVIMARY
TOTAL VOTES
RECEIVED
#N
1. Invalid Write-Ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins
[ENTER THIS FIGURE ON LINE*F~R*T'O~A~ ~/~I'F~-;N
103
ENTER TOTAl. INVALID
25
ENTER TOTAL VALID
128
ADD LINES 1 AND
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
flay
GLENN A. ALBERT
WILLIAM C. BISCHOFF
E. E. BRICKRELL
JOHN E. CREEKMORE SR.
GLENN CROSHAW
2 2
CONTINUED ON PAGES THROUGH
We, the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that, wffh the continuation pages
indicated, the above is a true and correct certification of the write-in votes cast at said election for the office
4nd/ca ted abo va.
Given under our hands thls
copy testa.
7th
day of November,~ 1.
, Chairman
· Vice Chairman
, Secretary
Secretary· Electoral Board
WRITE-ZN'S CER TIFICA TION - C ONTZNUA TION
VIRGINIA BEACH
~ COUN~ ~ CI~
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
81st
DISTRICT NAME OR NUMBER, IF APPLICABLE
General [~ Special Election
November 6, 2001
Page 2 of 2
VALID WRITE-INS - DETAIL
CONTINUE TO L/ET VAUD WRITE-INS IN ALPHABETICAL ORDER 8ELOWAND ON ADDITIONAL
CONTINUA TION PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ?.
S. CATHERINE DODSON
AFSHIN FARASHAHI
BRANDON FLORIN
ROBERT A. FRIESEN III
HUGTON HARRIS
JIM HUDSON
DOROTHY JARGENSEY
KELLAM
TED KENNEDY
A. LABIDI
JUDITH A. MATTHIAS
BRENDA MCCORMICK
RONALD MCDONALD
NICHOLAS SCOTT
ALBERT SMITH
NANCY SPANOUS
CHARLES W. VINCENT
TO?~4L VOTff$
REC~VED
ABSTRACT OF VOTES
cast in the
CITY OF VIRGINIA BEACH
at the November 6, 2001 General Election, for.'
· Virginia,
MEMBER
HOUSE OF DELEGATES
82nd
ENTER DISTRICT NUMBER
~VAME$ O*~ CANDI~AT£$ WITH PARTY JO AS S#OWN ON
HARRY R. "BOB" PURKEY (R)
TOTA4 VOTES
RECEIVED
17,663
Total Write-In Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
230
1,606
We, the undersigned Electoral 8oard, upon exam/nation of the official records deposffed with the Clerk of the
Circuit Court of the elect/on held on November 6, 2001, do hereby certify that the above is a true and correct
Abstract of Votes cast at said e/ect/on for the off/ce indicated above.
Given under our hands
copy teste:
7th
day of November, 2001.
.\
, Chairman
, V~ce Chairman
, Secretary
Secretary, Electoral Board
WRITE-INS CER TIFICA TION'
C} cou-w VIRGINIA BEA~i~w
General O Special Election
MEMBER HOUSE OF DELILEGATE$
OFFICE TITLE
November 6, 2001
82"d
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 1 of 4
WRITE-INS - S~Y
TOTAL VOTES
RECEIVED
1. Invalid Write-Ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins ..............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.]
187
ENTER TOTAL INVALID
43
ENTER TOTAL VALID
230
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
(l~v
DAVID BARROWS
JEFFREY A. BREIT
THOMAS BRITTON
GEORGE BILL CARTLEDGE
WILLIAM J. CLINTON
2 3
CONTINUED ON PAGES THROUGH
We, the undersigned E/ectorai Board, upon exam/nat/on of the official records deposited w/th the Clerk of the
Circuit Court of the e/ect/on he/d on November 6, 2001, do hereby certify that, w/th the continuation pages
indicated, the above is a true and correct certification of the write-in votes cast at said election for the off/ce
vnd/cated above.
Given under our hands this
A copy reste
7th
, Chairman
, Vice Chairman
, , Secretary
Secretary, Electoral Board
WRITE..1]VS CER TIFICA TION - C ONT~A TION
VIRGINIA BEACH
~ cou.~ I~ c,~
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
82"d
DISTRICT NAME OR NUMBER, IF APPLICABLE
General [~ Special Election
November 6, 2001
Page 2 of 4
VALID WRITE-INS - DETAIL
CONTINUE TO L/ST VAUO WRITE-/Ne IN ALPHABETICAL ORDER BELOW AND ON ADDITIONAL
CONTINUA TION PAGES, AS NEEDED. AL! VAUD WRITE-INS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE 1.
DANIEL G. COLBURN
SANDRA CRAFF
GLENN CROSHAW
CONSTANCE DAVIS
C. F. DELAHANTY
GILLIAN L. DURHAM
AFSHIN FARASHAHI
DIANE FENER
GUY FRIDELL
ALAN GALGANO
JOHN GALT
WILLIAM GREEN
RUSSELL HELGREN
TERRY HUNT
MICHAEL KANDELWAL
DOUG KINCAID
BEN KRUSE
TOTAL VOTES
RECEIVED
[1# F~URE$)
WRITE.INS CER TIFICA TION - C ONT~A TION'
VIRGINIA BEACH
COUNTY ~ CITY
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
82"d
DISTRICT NAME OR NUMBER, IF APPLICABLE
General Q Special Election
November 6, 2001
Page 3 of 4
VALID WRITE-INS - DETAIL
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABE77CAL ORDER 8~LOWAND ON ADDITIONAL
CONTINUA T/ON PAGES, AS NEEDED. ALL VALID WRITE-iNS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ~.
RICHARD LUE
BOB MARLEY
DEL. MCCLANAHAN
TONI MOTE
BILL NEELY
IGGY POPE
JOE PORTO
TIM RAPP
CORY RICHARDS
WILLIAM ROBINSON JR.
NElL ROUDORF
GEORGE SCHOLTFER
CONSTANCE H. SMITH
ERICA SMITH
ALAN STEEL
ANDREW THOW
CHRISTOPHER WHATELY
TOTAL VOTES
RECEIVED
(1# FIGU~tE$)
WRITE. I~S CER TIFICA TION . C O~A TION
VIRGINIA BEACH
I.j cou,~ ~
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
82"d
General ~ Special Election
November 6, 2001
Page 4 of_4
VALID WRITE-INS -DETAIL tco,,t,,,uoc~j
CONTINUE TO LIST VAUD WRITE-INS IN `ALPH`ABETIC. AL ORDER 8ELOW AND ON`ADDITION`AL
CONTINU`A TION PAGES, AS NEEDED. ALL V`AUD WRITE-INS WHEN,ADDED TOGETHER MUST
EQU`AL TOT`AL ENTERED ON LINE 2 OF P`AGE 1.
J. POPE WOODARD
TOTAL VOTES
RECEIVED
(1# FlauaE$)
.4 RSTRACT OF VOTES
cast in the CITY OF VIRGINIA BEACH
,,,,
at the November 6, 2001 General Election, for:
· Virginia·
MEMBER
HOUSE OF DELEGATES
83rd
ENTER DISTRICT NUMBER
]{tAMff$ O,~ CANDIDATES Wl~Tf JOARPi' ]0 AS SROlf~ ON ~ALLOT
LEO C. WARDRUP, JR. (R)
AFSHIN FARASHAHI (O)
TOTA4 VO
RECEIVED
/Iv
9,241
6,557
Total Write-In Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
4
10
255
We, the undersigned Electoral Eoard, upon exam/nat/on of the official records deposffed with the Clerk of the
Circuit Court of the elect/on held on November 6, 2001, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this
copy testa:
7th
day of November, 2001.
--'~'/. ~-'~~-~/ .... Secretary
· Chairman
, V~ce Chairman
Secretary, Electoral Board
WRITE-INS CERTIFICATION'
VIRGINIA BEA~iH
COUNTY CITY
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
83rd
DISTRICT NAME OR NUMBER, II= APPLICABLE
General ~ Special Election
WRITE-INS - SUIVIMARY
1. Invalid Write-Ins .............................
2. Valid Wr~te-lns ..............................
3. Total Write-Ins ..............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.]
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
JILL REDMOND
November 6, 2001
Page 1 of 1
TOTAL VOTES
RECEIVED
(1# F~u~$)
2
ENTER TOTAL INVALID
2
ENTER TOTAL VALIO
4
ADD LINES 1 AND 2
TOTAL VOTES
RECEIVED
(l~v FIou;Es)
CONTINUED ON PAGES THROUGH
We, the underslgned Electoral Board, upon examination of the official records deposited wi~h the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that, with the continuation pages
indicated, the above ~s a true and correct certification of the write-in votes cast at said election for the office
4nd/cared above.
Given under our hands this
copy teste
7th
day of November, 2001. ~ ~
_ _ .~~~-~~ ~ /7, V~ce Chairman
Secretary, Electoral Board
.A RSTRACT OF VOTES
cast in the
CITY OF VIRGINIA BEACH
at the November 6, 2001 General Election, for:
· Virginia,
MEMBER
HOUSE OF DELEGATES
84th
ENTER DISTRICT NUMBER
JVAME$ OF CANDIDATES WITH PARI'Y ID AS S#OWN ON BAL40T
ROBERT F. "BOB" MCDONNELL (R)
TOTAL VOTES
RECEIVED
fl# F/OU~ZS)
10,727
Total Write-In Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
205
2,041
We, the undersigned Electoral Board, upon exam/nat/on of the official records deposited with ~he Clerk of the
Circuit Court of the elect/on held on November 6, 2001, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this
,4 copy teste:
7th
day of No vember, 2001.
?
, Chairman
, V~ce Chairman
Secretary, Electoral Board
WRITE. INS CER TIFICA TION
,VIRGINIA R~H
I~1 cou~rr~ I~c,~
General ~ Special
Election
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
November 6, 2001
84th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 1 of 2
WRITE-INS - S~Y
TOTAL VOTES
RECEIVED
1. Invalid Write-Ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins ..............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.]
190
ENTER TOTAL INVAUD
15
ENTER TOTAL VALID
205
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED ALL VALID WRITE-iNS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
EDWARD BRITT
DANIEL M. CAREY
JOHN DOE 1
AFSHIN FARASHAHI
GUY FRIDELL 1
2 2
CONTINUED ON PAGES THROUGH
We, the undersigned Electoral Board, upon examination of the officzai records deposited with the Clerk of the
Circuit Court of the e/ect~on held on November 6, 2001, do hereby certify that, wffh the continuation pages
indicated, the above ts a true and correct certification of the write-in votes cast at said election for the off/ce
~nd/ca ted abo ye.
Given under our hands this
copy teste
Board
7th
day of November, 2001.
, I t T ...r r" ( ·
Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
WRITE.I S CER TIFICA TION - C ONT A TION'
VIRGINIA BEACH
~ cou.~ Ci3 c~
MEMBER HOUSE OF
OFFICE TITLE
84th
DISTRICT NAME OR NUMBER, IF APPLICABLE
General Q Special Election
November 6, 2001
Page 2 of 2
VALID WRITE-INS -DETAIL
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON ADDITIONAL
CONTINUA TION PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON UNE 2 OF PAGE ~.
ROB GRAY
KEVIN HARRIS
RICHARD E. HILL JR.
NORMAN KHAN
BILLY ROBINSON
RALPH SAUNDERS
KlM SCARBOROUGH
CLIFF SWEET III
BOB WAGNER
TOTAL VOTES
RECEIVED
~tRSTRACT OF VOTES
cast in the CITY OF VIRGINIA BEACH
at the November 6, 2001 General Election, for:
· Virginia,
MEMBER
HOUSE OF DELEGATES
85t"
ENTER DISTRICT NUMBER
~VAME$ OF CANDiOATE$ WITH PARTY/~) AS .,~HOWN ON J~ALLOT
ROBERT TATA (R)
TOTAL VOTE$
RECEIVED
fin F~u~Es)
16,837
Total Write-In Votes [SEE WRffE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
199
2,867
We, the undersigned Electoral 8oard, upon examination of the off/c/al records deposffed with the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that the above lsa true and correct
Abstract of Votes cast at sa~d elect~on for the office indicated above.
7th
Given under our hands this day of November, 2001.
A copy teste:
Secretary, Electoral Board
WRITE-INS CERTIFICATION
VIRGINIA BEACH ....
~ cou~rr~ I~ Cl~
General [~ Special
Election
MEMBER HOUSE OF DEL, I~GATES
OFFICE TITLE
November 6, 2001
85th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 1 of 3
WRITE-INS - SUMMARY
TOTAL VOTES
RECEIVED
fin F~oU~.~$)
1. Invalid Write-Ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins ..............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.]
173
ENTER TOTAL INVALID
26
ENTER TOTAL VALID
199
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2. ABOVE.
TOTAL VOTES
RECEIVED
(l~v F;ou;;s)
AMOS BARNICLE
TOM BEDA 1
SANDRA BRANDT
ROBERT H. CALDWELL
WILLIAM J. CLINTON
2 3
CONTINUED ON PAGES THROUGH
We, the undersigned Electoral Board, upon exam/nation of the off/cia/records deposited with the Clerk of the
C/rcuff Court of the e/ect~on held on November $, 2001, do hereby certify that, with the continuation pages
indicated, the above ~s a true and correct certification of the write-in votes cast at said election for the office
4nd/cared above.
G~ven under our hands th/s
A copy teste
7th
day of November, 2001.
~~/ ..~/'. ~,w.~'_-/~_~__~' Secretary, Electoral Board
WRITE- I]VS CER TIFICA TION - C ONT'I]VUA TION'
VIRGINIA BEACH
[_1 cou,-n, L~ crn,
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
85t"
DISTRICT NAME OR NUMBER, IF APPLICABLE
General [~ Special Election
November 6, 2001
Page .2 of 3
VALID WRITE-INS - DETAIL
CONTINUE TO lIST VAUD WRITE-/NE IN ALPHABETICAL ORDER 8ELOW~iND ON ADDITIONAL
CONTINUA T/ON PAGES, AS NEEDED. ALL VAUD WRITE-/NE WHEN ADDED TOGk"7'HER MUST
EOUAL TOTAL ENTERED ON LINE' 2 OF PAGE ~.
JOHN H. DOLE
MARJORIE FELDMAN
HERMAN FINKELSTEIN
F. HIRALGO
TOM HOLMES
DON IMUS
THOMAS JEFFERSON
DON JOINER
GEORGE KENNEY
ART KOHN
AMORY LECOGEN
KENNETH MELVIN
MICHAEL J. POSTA III
ERIC POTTER
SUSAN B. POTTER
PHILLIP J. PRICE II
CHARLOTTE SMITH
TOTAL VOl'ES
RECEIVED
WRITE-I~S CER TIFICA T!ON -CONT. INUA T/TON
VIRGINIA BEACH
[_1 COUN~ ~ ClT~
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
85t"
DISTR,CT N^ME O" NUMBER, ,~
General ~ Special Election
November 6, 2001
Page 3 of 3
VALID WRITE-INS - DETAIL
CONTINUE TO L/ST VAUD WRITE-/NE IN ALPHABETICAL ORDER 8ELOWAND ON ADDITION,4L
CONTINUA T/ON PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN ADDED TOGET'HER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE I.
MORDECAI SMITH
PATRICK WALLACE
JOHN WELCH
7'O?AL VOTES
RECEIVED
flay FIOU~E$)
RSTRA CT OF VOTES
cast in the
CITY OF VIRGINIA BEACH
at the November 6, 2001 General Election, for:
· Virginia,
MEMBER
HOUSE OF DELEGATES
90th
ENTER DISTRICT NUMBER
NAMES OF CANDIDATES Will PARTY ID AS S~tOWlf ON J[LLLOT
WINSOME EARLE SEARS (R)
W. P. "BILLY" ROBINSON, JR. (D)
TOTAL VOTES
RECEIVED
387
577
Total Write-In Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
33
We, the undersigned Electoral Board, upon exam/nat/on of the official records deposited with the Clerk of the
Circuff Court of the elect/on held on November 6, 2007, do hereby ce/t/fy that the above Is a true and correct
Abstract of Votes cast at sa/d elect/on for the office ~ndicated above.
7th
Given under our hands this da y of No vember, 2001.
,4 copy teste:
WRITE-INS CER TIFICA TION
VIRGINIA BEACH
COUNTY I~ CITY
MEMBER HOUSE OF DELEGATES
OFFICE TITLE
90th
DISTRICT NAME OR NUMBER, IF APPLICABLE
WRITE-INS - SITMMARY
General [~ Special Election
November 6, 2001
Page 1 of 1
TOTAL VOTES
RECMVEO
1. Invalid Write-ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins ..............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.]
1
ENTER TOTAL INVALID
0
ENTER TOTAL VALID
1
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
TOTAL VOTES
RECFJVEO
CONTINUED ON PAGES THROUGH
We, the undersigned E/ectora/ Board, upon exam/nat/on of the off/c/a/records deposited w/th the C/eric of the
C/rcult Court of the e/ect/on held on November 6, 2OOl, do hereby certdy that, wffh the continuetion pages
indicated, the above is a true and correct cert~bcat/on of the write-in votes cast at sa~d election for the off/ce
vndicated above.
Given under our hands this
A copy teste
day of November, 2001.
'-'-'-/~' '\ / /SV'~--q / ,Chairman
,, -IL -
7th
Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the City of VIRGINIA BEACH
at the November 6, 2001 General Election, for:
· Virginia·
COMMONWEALTH'S ATTORNEY
J~tAM~$ OF CANDIDATES AS SNOWN ON BAI.~OT
HARVEY L. BRYANT III
VOTES
73,031
Total Write-In Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
662
32
20,885
We, the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that the above is a true and correct
Abstract of Votes cast at sa~d e/ect~on and do, therefore, determine and dec/are that the fo#owing person has
received the greatest number of votes cast for the above office in said election:
HARVEY L. BRYANT III
Given under our hands this
copy testa'
7th
day of November, 2001. ~'~~
,/ I '! ~ ~ ~ /I
.. , Cha~rrnan
, V~ce Cha~rrnan
, Secretary
Secretary, Electoral Board
WP TE-INS CERTIFICATION'
VIRGINIA BEACH
I_1 cou.w I~1 CIT~
General [~1 Special
Election
COMMONWEALTH'S ATTORNEY
OFFICE TITLE
November 6, 2001
Page 1 of 6
DISTRICT NAME OR NUMaER, ~F APPLICABLE
WRITE-INS - SUMP_ARY
TOTAL VOTES
(IN FIGURES)
1. Invalid Write-Ins .............................
2. Valid Write-Ins ..............................
3. Total Write-ins ..............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.I
576
ENTER TOTAL INVALID
86
ENTER TOTAL VALID
662
ADD LINES 1 AND 2,
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
WILLIAM K. BARLOW
TOTAL VOTES
RECEIVEO
fin FIGu~Es~
DON BATLINER JR.
RON BATLINER
RONALD BATLINER JR.
FRANK BATTAN JR.
2 6
CONTINUED ON PAGES THROUGH
We, the undersigned Electoral Board, upon examination of the off/cia/records deposited with the Clerk of the
Circuit Court of the e/ect/on held on November $, 2001, do hereby certify that, with the continuation pages
indicated, the above/s a true and correct certification of the write-in votes cast at said election for the office
4ndicated above.
Given under our hands this
A copy testa
7th
, Chairman
, V~ce Chairman
., , Secretary
Secretary, Electoral Board
WRITE. S CERTIFICATION - C ONT.[NWA TION'
VIRGINIA BEACH ~ General ~ Special
[-I COUN~ ~ C,~
Election
COMMONWEALTH'S ATTORNEY
OFFICE TITLE
November 6, 2001
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 2 . of 6
VALID WRITE-INS -DETAIL
CONTINUE TO LIST VALID WRITE-INS IN ALPHABETIC. AL ORDER 8ELOWAND ON ADDITIONAL
CONTINUA TION PAGES, AS NEEDED. ALL VAUD WRITE-/NS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ~.
JAMES F. BENSON
WILLIAM C. BISCHOFF
RUDY BOESCH
NElL C. BONNEY
CURTIS BRADFORD
RICHARD BRYDGES
ROBERT H. CALDWELL
MARK CARRIER
RODOLFO CEJAS
WILLIAM J. CLINTON
MARK DEL DUCA
JOHN DOYLE
JOHN R. "JACK" DOYLE III
LARRY DUMVILLE
CAKE EISEN
CHRIS EPSTEIN
FARACHI
TOTAL VOTES
RECEIVED
4
WRITE. S CERTIFICATION - C ONTZN A TION'
VIRGINIA BEACH
~ cou.~ I~1 cl~
COMMONWEALTH'S ATTORNEY
OFFICE TITLE
General [~ Special Election
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 6, 2001
Page 3 of 6
VALID WRITE-INS -DETAIL
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETICAL ORDER 8ELOW AND ON ADDITIONAL
CONTINUA T/ON PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ?.
JACK FERREBEE
FICUS
W. FLAHERTY
SCOTT FLORIN
MICK FOLEY
ERIC FROME
CHENIA GARDNER
WILLIAM GIBSON
ROBERT GUESS
MILTON W. HALSEY
M. HOGANS
IARASHAIA
ROD INGRAM
THOMAS JEFFERSON
DON JOINER
S. CHRIS JONES
MARILYN JOYCE
TOTAL VOTES
RECEIVED
fin FtGUaE$t
WRITE-INS CER TI"FICA TION - C ONTZN A TION
VIRGINIA BEACH
~ cou,~ ~ Cl~
COMMONWEALTH'S ATTORNEY
OFFICE TITLE
General {~ Special Election
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 6, 2001
Page 4 of 6
VALID WRITE-INS -DETAIL ~cont,nued~
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETIC, AL ORDER BELOW AND ON ADDITIONAL
CONTINUA T/ON PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ~.
KELLAM
KILGORE
BRITTNEY KING
JOSEPH A. KOHNI JR.
LARRY K. LARKIN
PETER LEALEV
PETER T. LEGLER
ERIC LEVANDE
CLIFFORD LOVE III
CHILTON W. MAHIN
DON MARSHALL
GLEN MCCLELLAN
ALEX MEJIAS
SIMON MOORE
TONI MOTE
MICHAEL V. NAUGHTON
G. WILSON NELLIGAR
TOTAL VOTES
RECEIVED
(IN FlOuR,s/
WRITE.I~S CERTIFICATION - C ONT~A TION
VIRGINIA BEACH
COUNTY ~ CITY
COMMONWEALTH'S ATTORNEY
OFFICE TITLE
DISTRICT NAME OR NUMBER, IF APPLICABLE
General [~ Special Election
November 6, 2001
Page 5 of 6
VALID WRITE-INS - DETAIL
CONTINUE TO LIST VALID WRITE-/NS IN ALPHAflE77CAL ORDER 8ELOWAND ON ADDITIONAL
CONTINUA TION PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST
EQU,4L TOTAL ENTERED ON LINE 2 OF PAGE ~.
KEVIN PAFFORD
GUS PETERSON
MARK QUALTIERI
KEVIN RACK
JEFFREY A. RAMIREZ
GARY L. REAMS
LEON REYNOLDS
TODD SALOMON
KlM SCARBOROUGH
ALBERT SMITH
NANCY SPANNAUS
SONNY STALLINGS
LOWELL "THE HAMMER" STANLEY
KENNETH W. STOLLE
MARCIA THARP
LISA THERSS
ANDREW THOW
TorAt I/ores
RECF. IV£D
WRITE-INS CER TIFICA TION - CONTRA TION
VIRGINIA BEACH
I_;I cou.~ 1~ Cl~
COMMONWEALTH'S ATTORNEY
OFFICE TITLE
General [~ Special Election
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 6, 2001
Page 6, of 6
VALID WRITE-INS -DETAIL fco,,t#,u.dJ
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABE77CAL ORDER BE~OWAND ON ADDIT/ONAL
CONTINUA T/ON PAGES, AS NEEDED. AL/. VAUD WRITE-/NS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ~.
ROB VAN DAME
CHARLES W. VINCENT
PATRICIA WALLACE
DAVE WEIMER
CHRISTOPHER WHATELY
TOTAL VOTES
RECF. JVED
ARSTRACT OF VOTES
cast in the City of VIRGIN!_A BEACH
at the November 6, 2001 General Election, for:
· Virginia,
SHERIFF
~/AME$ OF CANOIDA TE$ AS SHOWN ON ~ALLOT
PAUL J. LANTEIGNE
WENDELL E. PARKER
TOTAL VOrff$
RzCEIVeO
(1# F/ou/~ts)
63,698
22,810
Total Write-In Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undarvotes For Office ...........
257
117
8,530
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that the above i$ a true end correct
Abstract of Votes cast at said elect/on and do, therefore, determine and declare that the fo#owing person has
received the greatest number of votes cast for the above office in said elect/on:
Given under our hands this
A copy testa'
7th
, Chairman
, V~ce Chairman
, Secretary
Secretary, Electoral Board
WRITE-INS CER TIFICA TION'
VIRGINIA BI=ACH
r_l cou,w IN c~
General {~t Special
Election
SHERIFF
November 6, 2001
OFFICE TITLE
Page 1 of 2
DISTRICT NAME OR NUMBER, IF APPLICABLE
WRITE-INS - SLrMIVIARY
TOTAL VOTES
RECEIVEO
1. Invalid Write-Ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins ..............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.]
231
ENTER TOTAL INVALID
26
ENTER TOTAL VALID
257
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED· ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
fin
RUSTY BISHOP
BISHOPS 1
JAMES BRUCKELMEYER
4
ROBERT H. CALDWELL
MICHAEL CAREY
2 2
CONTINUED ON PAGES THROUGH
We, the undersigned Electoral Board, upon examination of the off/cia/records deposited wi~h the Clerk of the
Circuit Court of the elect/on held on November 6, 2001, do hereby certify that, with the continuation pages
indicated, the above/s a true and correct certification of the write-in votes cast at said election for the office
4nd/ca ted abo va.
Given under our hands this
A copy testa
7th
day of November, 2001.
, Chairman
, Vice Chairman
· , Secretary
Secretary, Electoral Board
WRITE.I~S CERTIFICATION. C ONTZNUA TION
VIRGINIA BEACH
L~ cou,w ~ c~w
SHERIFF
OFFICE TITLE
DISTRICT NAME OR NUMBER, IF APPLICABLE
General ~ Special Election
November 6, 2001
Page 2 of 2
VALID WRITE-INS - DETAIL fco,,~lnued)
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETIC.,4L ORDER 8ELOW AND ON ADDITIONAL
CONTINUA T/ON PAGES, AS NEEDED. .ALL VALID WRITE-INS WHEN .ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ~.
THOMAS M. DILLON
FICUS
GARY FOIBY
NEAL FORTHER
CRAIG D. HACKEY
MILTON W. HALSEY
DAVID KLINGENSMITH SR.
DONNA J. LOCKWOOD
ROBERT MCCABE
ARTHUR R. MCDONNELL
GUS PETERSON
JEFFREY A. RAMIREZ
LNAKY RAPP
MIKE SHIMAS
ALBERT SMITH
SHELLY STIERENGER
TOTAL VOTES
RECEIVED
.4 RSTRACT OF VOTES
cast in the City of VIRG..INIA BEACH
at the November 6, 2001 General Election, for:
· Virginia·
COMMISSIONER OF REVENUE
tVAME$ 01: CANDIDATES A3 .~ltOWN ON ~ALZOT
RICKIE L. RICHARDS
PHILIP J. KELLAM
TOT.4t V07~$
R~cz~v~o
fin
37,978
50,513
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ............
Total Number Of Undervotes For Office ...........
197
94
5,830
We, the undersigned Electoral 8oard, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November $, 2001, do hereby certify that the above is a true and correct
Abstract of Votes cast at said elect/on and do, therefore, determine and dec/are that the fo/lowing person has
received the greatest number of votes cast for the above office in said election:
Given under our hands this
A co~y testa:
Bo~d
7th
day of November, 2001. - --~
, Chairman
, V~ce Chairman
Secretary, Electoral Board
, Secretary
WRITE-INS CER TIFICA TION'
VIRGINIA BEACH
l..I cou.w I~1 ClW
COMMISSIONER OF REVENUE
OFFICE TITLE
General [~ Special Election
DISTRICT NAME OR NUMBER, IF APPLICABLE
WRITE-INS - SUMMARY
1. Invalid Write-Ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins ........
[ENTER THIS FIGURE ON LINE FOR TOTAL WR'I'F~-;N
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED ALL VALID WRITE-iNS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
JAMES CAZARES
November 6, 2001
Page 1 of 1
TOTA& VOTES
RECEIVED
191
ENTER TOTAL INVALID
6
ENTER TOTAL VALID
197
ADD LINES 1 AND 2
TOTAL VOTES
RECEIVED
(IN
FICUS I
LARRY K. LARKIN
BARBARA LEACH
SHARON MCDONALD
CONTINUED ON PAGES THROUGH
We, the undersigned Electoral Board, upon exam/nation of the off/c/a/records deposited with the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby ce/t/fy that, with the cont/nuetion pages
indicated, the above is a true and correct certification of the write-in votes cast at said election for the off/ce
4nd/cared above.
Given under our hands this
copy reste'
7th
day of November, 2001. ~-~
, Chmrman
---~, !Vice Chairman
.. , Secretary
Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the City of VIRGINIA BEACH
at the November 6, 2001 General Election, for:
· Virginia,
TREASURER
JVAME$ OF CANDIDATES AS ~IOWN ON ~ALLOT
JOHN T. ATKINSON, SR.
TOTAL VOTES
fin
80,056
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] .......
Total Number Of Overvotes For Office ..............
Total Number Of Undervotes For Office .............
664
26
13,867
We, the undersigned E/ectoral Board, upon exam/nation of the official records deposited with the Clerk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election and do, therefore, determine and dec/are that the fei/owing person has
received the greatest number of votes cast for the above office in said eject/on:
G/yen under our hands this
A CODy teSte.
7th
day of November, 2001. - --~
/
'~"-~! '~' -)~'~~ ,Chairman
<::::~~ - , Vmce Chairman
L.~'
- , Secretary
Secretary, Electoral Board
WP TE.INS CERTIFICATION'
VIRGINIA BEAC~H
COUNTY CITY
General ~ Special
Election
TREASURER
November 6, 2001
OFFICE TITLE
Page 1 of 6
DISTRICT NAME OR NUMBER, IF APPLICABLE
WRITE-INS - SUMMARY
TOTAL VOTES
RECEIVED
flu
1. Invalid Write-Ins .............................
2. Valid Write-Ins ..............................
3. Total Write-Ins ..............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.]
579
ENTER TOTAL INVALID
85
ENTER TOTAL VALID
664
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES,
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED
ON LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
(IN F/~;UR;$,I
ALBERT ALBERI
CHRISTINE S. AVERY
CAL BAIN 1
TIMOTHY BARROW
LARRY BONLCO
2 6
CONTINUED ON PAGES THROUGH
We, the undersigned E/ectora/ Board, upon exam/nat/on of the off/c/a/records deposited w/th the C/erk of the
Circuit Court of the election held on November 6, 2001, do hereby certify that, wffh the continuation pages
indicated, the above is a true and correct certification of the write-in votes cast at said e/ecL/on for the office
4nd/cared above.
7th - ~
G/yen under our hands this da)/of/Vovember, 2001.
copy
/~/F_,lcctoral '~ ': ----- /'';'~'" ~ ('''~''w~-~{/ , Cha,rman
' / /
WRITE.~S CER T!FICA TION . C ONT1ZVUA TION*
VIRGINIA BEACH
COUNTY
OFFICE TITLE
[~ CITY
TREASURER
General O Special Election
DISTRICT NAME Off NUMBER, IF APPLICABLE
November 6, 2001
Page 2 of 6
VALID WRITE-INS -DETAIL fcont~nued)
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON ADDITIONAL
CONTINUA TION PAGES, AS NEEDED. ALL VAUO WRITE-INS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ~.
BRENNEN BREED
ROBERT H. CALDWELL
SUE CAPPS
CHRIS CARLOCK
KARL D. CLARK
WILLIAM J. CLINTON
RICHARD CRAVEN
EMILY CRISTY
DANMUNN
GLENN DANZIG
BILLY DAVIS
PAT DEANS
CHRIS DELAHANTY
BOB DOLE
EVE EKBERG
SAM EPSTEIN
JACK ETHERIDGE
TOTAL VOTES
RECEIVED
fl#
WRITE.I~S CER TIFICA TION - CONTRA TION'
VIRGINIA BEACH
COUNTY
OFFICE TITLE
[~ CITY
TREASURER
General D Special Election
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 6, 2001
Page 3,. of 6
VALID WRITE-INS -DETAIL
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETICAL ORDER BELOW,AND ON ADDITIONAL
CONTINUA TION PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE 1.
DAVID FARLEY
JIM FELDHAUSEN
FICUS
KAYE FISHER
W. FLAHERTY
DIANNE O FLORENCE
RYAN FLORIN
JIMMY FROST
ROBERT GUESS
MILTON W. HALSEY
S. R. HARRELSON
ELIZABETH S. HILL
JAMES A. HILL
JUDY JAMES
THOMAS JEFFERSON
DON JOINER
PHIL KELLAM
TOTAL VOTES
RECEIVED
WRITE.I~S CERTIFICATION - CONTRA TION
VIRGINIA BEACH
COUNTY
OFFICE TITLE
[~ CITY
TREASURER
General ~ Special Election
OISTRICT NAME OR NUMBER, IF APPLICABLE
November 6, 2001
Page 4 of_6
VALID WRITE-INS - DETAIL [co, t,,uod]
CONTINUE TO LIST VAUD WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON ADDITIONAL
CONTINU,4 TION PAGES, AS NEEDED. ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ?.
MARY KENOYER
JEFF LEIDY
GENE LEJUNE
PEGGY LOFIN
CHILTON W. MAHIN
KEVIN MARTINGAIL
lAN MCINTYRE
SIMON MOORE
THOMAS MOSS JR.
THOMAS MOSS
TONI MOTE
JULIA OWEN
OWEN B. PICKETT
MARK QUALTIERI
JEFFREY A. RAMIREZ
WILLIAM B. REDPATH
MARY REID
TorAt Vows
RECEIVED
(IN F/6UR£$)
WRITE.I~S CERTIFICATION. CONTINUATION
VIRGINIA BEACH
COUNTY
~ CITY
TREASURER
OFFICE TITLE
DISTRICT NAME OR NUMBER, IF APPLICABLE
General (~ Special Election
November 6, 2001
Page 5 of 6
VALID WRITE-INS - DETAIL fcont,nued~
CONTINUE TO LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOWAND ON ADDITIONAL
CON77NUA T/ON PAGES, AS NEEDED. ALL VAUD WRITE-/NE WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE
LEON REYNOLDS
RICKEY RICHARDS
MORRIS ROWE
CRAIG W. RUNYON
LAWRENCE RYTE
HENRY M. RYTO
TODD SALOMON
ELLEN SAUNDERS
KlM SCARBOROUGH
DOTTLE SHUATZ
JOANNE SKINNER
ALBERT SMITH
SAM SMITH
SYLVESTER SMITH
MOODY STALLINGS
STANLEY E. START JR.
DONNA SWEET
TOTAL VOTES
RECEIVED
fl~ FIoUa;$)
WP~TE.I'NS CER TIFICA TION . CONTRA TION'
VIRGINIA BEACH
COUNTY
~[ CITY
TREASURER
OFFICE TITLE
DISTRICT NAME OR NUMBER, IF APPLICABLE
[~General [~ Special Election
November 6, 2001
Page 6 of 6
VALID WRITE-INS -DETAIL
CONTINUE TO LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON ADDITIONAL
CONTINUA T/ON PAGES, AS NEEDED. ALL VAUD WR/TE-/NS WHEN ADDED TOGETHER MUST
EQUAL TOTAL ENTERED ON LINE 2 OF PAGE ?.
TOM THATCHER
ANDREW THOW
TRUEBLOOD
DOUGLAS TURNBULL
MICHELLE ALBERT VACHRIS
CHARLES VINCENT
GED S. WALSH
MARGARET A. WARD
CHRISTOPHER WHATELY
JOHN YARROWTON
TOTAL VOTES
RECEIVED
(l~v FlauR;$)