SEPTEMBER 7, 1993 MINUTES"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR WILLIAM D SESSOMS JR, At Large
JOHN A BAUM, Blackwater Borough
I INWOOD 0 BRANCH III, Vzrgmm Beach Borough
JAMES W BRAZIER, JR, Lvnnhaven Borough
ROBERT W CLYBURN Keraprvzlle Borough
ROBERT K DEAN Pnncess Anne Borough
LOUIS R JONES, Bays~de Borough
PAUL J LANTEIGNE, Pungo Borough
JOHN l) MOSS At Large
NANC~ K PARKER, At Large
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY, C~ty Attorney
RUTH HODGES SMITH CMC / AAE, C~ty Clerk
CITY COUNCIL AGENDA
SEPTEMBER 7, 1993
OUR
281 ( ITY ttALL BUILDING
MUNICIPAL CENTER
VIR( ,INI4 BEACH VIRGINI4 23450 9005
1804~ 427 4 ~0 ~
I. CITY MANAGER'S PRESENTATIONS
- Council Chamber - 11:00 AM
Ao
a.
C.
PUBLIC TRANSPORTATION
Robert J. Scott, Director of Planning
EXCEPTIONAL WATERS - Nomination of North Landing River and Major Tributaries
Robert J. Scott, Director of Planning
PENDING ITEMS UPDATE
II. INFORMAL SESSION
- Council Chamber - 12: NOON
A,
Bo
Co
CALL TO ORDER - Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
RECESS TO EXECUTIVE SESSION
III. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Richard J. Keever
Bayside Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
Fo
MINUTES
1. INFORMAL & FORMAL SESSIONS
- August 24, 1993
G. MAYOR' PRESENTATION
.
AWARD OF FINANCIAL REPORTING ACHIEVEMENT
Patricia A. Phillips, Director of Finance
Robert M. Hayes, Comptroller
H. BRIEFING
.
CABLE TELEVISION
Franklin R. Bowers, Vice President/General Manager
Cox Cable of Hampton Roads
I. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
,
Resolution authorizing the filing of an Application with the State Council on Local Debt
re issuance and sale of Water and Sewer System Revenue Refunding Bonds and
General Obligation Refunding Bonds; and, directing the City Manager pursue the
necessary requirements for the issuance and sale of one or more series of bonds to
refund certain outstanding Bonds.
.
Ordinance to ACCEPT and APPROPRIATE $1,000,000 from the United States
Department of Housing and Urban Development to the Department of Housing and
Neighborhood Preservation re housing rehabilitation funding in the Seatack,
Atlantic Park and Queen City neighborhoods; and, increase federal government
revenues accordingly.
.
Ordinance to ACCEPT and APPROPRIATE $189,481 Federal Funding and a State Grant
of $4,000 to the Department of Mental Health, Mental Retardation and Substance
Abuse re substance abuse treatment and prevention, additional infant stimulation
services and create an AIDS Education Program for jail inmates; and, increase
Federal/State revenue accordingly.
.
Ordinance to ACCEPT and APPROPRIATE State Funding of $81,760; increase the
estimate of Medicaid transportation revenue by $20,000; TRANSFER $5,682 within the
Department of Mental Health, Mental Retardation and Substance Abuse Operating
Budget re case management, day treatment and transportation for Mental Retardation
Program participants; and, that estimated revenue increase accordingly.
.
Ordinance to TRANSFER $36,400 from the DEA Shared Assets Reserve for
Contingency Fund re purchase two (2) vehicles and radios for the Domestic Violence
Unit within the Investigative Division of the Police Department.
.
Ordinance to TRANSFER $100,000 from Larkspur Sewer Project (CIP 6-945) to
Princess Anne Plaza Rehabilitation Sewer Project (CIP 6-938) re cost of construction,
additional engineering, inspection costs and allow for construction-related contingencies.
7. Ordinance authorizing Tax Refunds in the amount of $15,748.21.
J. APPOINTMENTS
PUBLIC LIBRARY BOARD
- Student
SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD -Resignation
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. NATIONAL LEAGUE OF CITIES
Designation of Voting and Alternate Voting Delegates
1993 Annual Conference
M. ADJOURNMENT
If you are physically disabled, hearing or visually impaired
and need assistance at this meeting
please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
9/2/93mlm
AGENDA~9-7-93.1TM
MINUTES
VIRGINIA BEACH CITY COUNCIL
VirgInIa Beach, VIrginia
September 7, 1993
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S PRESENTATIONS of the
VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday,
September 7, 1993, at 11:00 A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R.
Jones, John D. Moss, Nancy IC Parker, Mayor Meyera E. Oberndorf and
Vice Mayor William D. Sessorns, Jr.
City Council Members Absent:
Robert K. Dean
(ENTERED: 11:15 A.M.)
James W. Brazier, Jr.
(ENTERED: 12:55 P.M.)
Paul J. Lanteigne
(ENTERED: 12:55 P.M.)
Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, disclosed the Bank may or may
not have an interest in one or more applications before City Council. The Vice Mayor regularly files this
Disclosure with the City Clerk as he may or may not know of the Bank's interest in any application that
may come before City Council. Vice Mayor Sessorns' letter of September 7, 1993, is hereby made a part
of the record.
-2-
ITEMS OF THE MA YOR
ITEM # 37166
Mayor Oherndorf extended annreciation to the City Manaeer Jamee Soore. Chief of Staff C. Oral [a2mbert.
City of Virginia F each
WILLIAM D SESSOMS JR
VICE MAYOR
809 GREENTREE ARCH
VIRGINIA BEACH VIRGINIA 23451
(804) 455-5732
September 7, 1993
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
Re' Conflict of Interests Act
Dear Mrs. Smith:
In accordance with my letter to you dated August 10, 1993, I have thoroughly
reviewed the agenda for the September 7, 1993, meeting of City Council for the purpose of
identifying any matters in which I might have an actual or potential conflict under the
Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best
of my knowledge, there are no matters on the agenda in which I have a "personal interest,"
as defined in the Act, either individually or in my capacity as an officer of Central Fidelity
Bank. Accordingly, I respectfully request that you record this letter in the official records
of the Council.
Thank you for your assistance and cooperation in this matter.
Very truly yours,
Vice-Mayor
Jr.
WDS,Jr./dmc
-3-
CITY MANAGER'S PRESENTATIONS
PUBLIC TRANSPORTATION
ITEM # 37167
11:00 A.M.
Robert J. Scott, Director of Planning, referenced the proposed TRT Budget comprised of a municipal
subsidy from Virginia Beach of approximately $907,000. This subsidy encompasses: administrative, transit
trolley and handi-ride. With the exception of the express bus service proposed for the new park-n-ride
lot at Indian River Road and Reon Drive, the proposed budget does not include any new services. In
conjunction with that particular service, TRT has submitted an application for a Federal CMAQ grant
(Congestion, Mitigation and Air Quality). This grant will cover both operating and capital expenses
associated with this new service for the first year and probably for the second year. If in one year hence,
according to TRT, the City decides to continue with this service, the City's share might be approximately
$50,000, but will not impact the upcoming budget.
Mr. Scott advised Federal regulations of the Americans with Disabilities Act require only those
individuals living within 3/4 of a mile from an existing fixed bus route are eligible for handi-ride
service. ~4 fairly substantial set of fixed bus routes exists within the urban area; however, this is not the
case in the rural area of the City. The population of disabled citizens is scattered throughout the city
without regard to urban or rural characteristics, thus certain disabled individuals are at an extreme
disadvantage. The City staff proposes requesting City Council provide this handi-ride service to all
residents, which will entail a cost of approximately $35,000 a year in extra subsidy.
Mr. Scott advised approximately fifty-seven individuals live in the optional areas and meet the criteria
to be provided the handi-ride service. Twenty-four citizens appear now to be making routine use of this
service at a cost to the City of approximately $14.78 a trip. The passenger pays $5.00 each trip.
Dale Castellow, Transportation Planning Coordinator, advised approximately 900 individuals per month
utilize the handi-ride. Federal dollars are utilized to subsidize handi-ride service. The capital and
maintenance cost on the vehicles goes into the State equation and TRT receives State funds for these
particular costs. As a consequence of expanding the handi-ride service, an additional 2400 trips per year
would be required.
Mr. Scott displayed the TRT 5-Year Program Map. The yellow area designates the existing bus service
in the region. The proposal shown in green reflects the expanded service. The route shown in red
basically reflects a service recently added between Pembroke Mall to the Municipal Center, which is
being utilized on a six month experimentation basis. The vast majority of riders (approximately 103) are
bound for Tidewater Community College. The ridership from TCC to the Municipal Center drops
dramatically. Mr. Scott urged City Council to pay attention to the basic issue: "What role do you want
transit to play in your community?"
Mr. Scott advised transit items which will be brought forward in more detail during future City Council
Sessions:
A comprehensive approach to dealing with resort issues at the
oceanfront: land use planning, parking, circulation studies, economic
based expansion opportunities and TGIF issues.
It will be necessary to look at the Oceanfront as one large unified entity and not as a collection of
individual hotels and businesses. As far as circulation within this area is concerned, do away with the
dependency on the automobile and replace this with a greatly enhanced Oceanfront trolley service. The
oceanfront trolley service now being provided is paying for itself and the City is not losing money on this
service. By greatly enhancing this service, the need to provide individual parking lots for each restaurant,
and retail establishment can be eliminated. Examples of certain regions who have utilized a public/private
partnership successfully will be presented, as well as the cost factors. Information regarding employee
parking away from the facilities will also be provided.
Members of the disabled community should be present to allow response to their concerns. Information
regarding ridership by time slots shall be forwarded.
September 7, 1993
-4-
CITY MANAGER'S PRESENTATIONS
EXCEPTIONAL WATERS
ITEM # 37168
11:45 A.M.
Robert Scott, Director of Planning read into the record a paragraph form the recent edition of
Environmental Law News published by the Virginia State Bar.
"Federal Regulations require States to develop and implement state wide
water anti-degradation policies. As part of the program, states must
maintain and protect the water quality of particularly high-quality
waters know as "Tier 3 Waters". According to the EPA Region 3, states
must promulgate regulations for high-quality waters to protect and
maintain the most pristine waters of the United States. Although the Tier
3 designation specifically applies to those waters contained in national
parks, state parks and wildlife refuges, the designation also includes
waters that are importang unique or ecologically sensitive. As examples
of waters in this special category, the EPA lists wetlands, the Florida
Everglades, waters in the New Jersey P~'ne Barrens and waters which
contain endangered species. In addition, the EPA knows that waters of
exceptional recreational values, such as wild and scenic rivers, may be
appropriate for Tier 3 status. Furthermore, according to EPA, once a
Water has been designated as a Tier 3 Water, the Water can never be
reclassified. Pursuant to these federal regulations, the Virginia State
Water Control Board promulgated regulations to implement a State
Water Anti-Degradation Policy. As part of this policy, the State Water
Control Board included regulations that govern the treatment of surface
waters, or a portion thereof, which provide exceptional environmental
settings in exceptional aquatic communities or exceptional recreational
opportunities. Under the regulations, once an area is designated as a
Tier 3 Exceptional Water, no new or increased discharge of sewage,
industrial waste or other pollution is allowed into the designated Water;
however, there are exceptions to this prohibition in limited
circumstances."
This is a State program pursuant to Federal regulation and it allows groups or individuals to nominate
bodies of water for designation as either Tier I, Tier 2 or Tier 3. Tier 3 is the most intense regulation.
The regulations have not been approved, but if adopted as proposed, the effect would be to prohibit newer
expanded discharges of runoff within that area. Two local environmental groups have nominated the
North Landing River as a proposed Tier 3 body of water and its watershed. Mr. Scott displayed a map
depicting in blue the areas which would drain into the North Landing River. The regulations are peculiar
as they give anybody the opportunity to designate any body of water as Tier 3. The City can offer written
comments to the State Water Control Board or the Department of Environmental Quality. City Staff,
Members of the Planning Department and City Attorney's Office attended a Workshop on the proposed
Tier 3 regulations. Relative the designation of the North Landing River, the staff believes the restrictions
placed upon any Waters in that particular area may be extreme for anyone who wishes to utilize their
land for what ever purpose they desire.
The localities have no authority in the designations. They may become involved in the process of deciding
whether this designation is to apply through submitting written comments and participating in the Public
Hearing process, but the decision will be made at the State level.
Assistant City Attorney l,'anessa Valldejuli will provide a proposed set of written comments concerning
the Exceptional Waters Program to Members of City Council. A comprehensive report will be furnished
by City Staff.
September 7, 1993
-5-
CITY MANAGER'S PRESENTATIONS
EXCEPTIONAL WATERS
ITEM # 37168 (Continued)
Assistant City Attorney Valldejuli advised the deadline for written comments regarding the anti-
degradation issue and the fifteen nominations is September Thirteenth at 4:00 P.M. Public Hearings will
be scheduled in October. The State Water Control Board did vote to go forward with the applications and
the public comment process despite the fact that EPA did not provide them with the guidance necessary
and has not approved these regulations.
Barbara Henley, President of SAVE, advised when the group was developing the nomination last Fall,
she met with members of the Planning staff to gather information. After the nomination was completed,
a copy was forwarded to the Mayor, with abbreviated copies to all members of City Council. Calls and
meetings were attempted with all. The workshop on August Twentieth was called to explain the Guidance
document and it is the Guidance Document that has a September Thirteenth deadline. During the
workshop, it was indicated probably three or four non-controversial trout streams will be chosen for teh
October 1993 considerations. It was indicated the North Landing River would definitely not be one of
those heard at that time and has not yet been accepted for nomination. The State Water Control Board
will decide in October whether to go ahead with the Public Hearings on these three or four nominations.
If the Board decides to do so, the Hearings will probably be in the first quarter of 1994. There will then
be a sixty day written comment period, and it will probably be mid 1994 before the Board acts on these.
The State recognizes this is a new program with many problems. There have been 45 nominations
submitted. Therefore, it could be possibly three years before they consider the North Landing River. SAVE
has only been told they have submitted all the information necessary in their report. The September
Thirteenth deadline is only for comments on the Guidance Document.
Assistant Attorney Valldejuli advised under a Tier 3 designation, the City could not expand on any
facilities that are presently existing under their permits, even if it is to improve water quality.
Mrs. Henley suggested a video or transcript of this particular item be submitted for review and response
to City Council's concerns to the appropriate parties.
A City Council Workshop regarding EXCEPTIONAL WATERS shall be scheduled.
September 7, 1993
-6-
CITY MANAGER'S PRESENTATIONS
PENDING ITEMS UPDATE
12:47 P.M.
ITEM # 37169
The City Manager advised he had added to the PENDING ITEMS UPDATE, the EXCEPTIONAL
WATERS designation and the Grand Prix item originally identified by City Council in January.
ITEM # 3717O
Councilman Moss referenced the Central Business District Land Use Plan concerning drainage and
hoped this could be pulled on a separate track.
Concerning Parking requirements for restaurants in the Resort Tourist and B-3 zoning districts,
Councilman Moss advised the B-3 parking is a separate issue from the resort strip. Councilman Moss
wished these issues be handled separately.
Councilman Moss referenced the possibility of a property swap concerning the Bayside Boat launch issue.
Councilman Moss referenced the VEPCO high power tension line down through Salem Woods and down
to Princess Anne Park. The issue was raised several years ago concerning the possibility of having a bike
path in the VEPCO right-of-way.
ITEM # 37171
The City Manager advised Councilman Jones, relative the CBD drainage, four or five alternatives have
been identified in terms of a regional or subregional BMP in that area and they are attempting to develop
financial plans.
ITEM # 37172
Councilman Dean clarified the statement regarding the cost of the site required for establishment of the
race track is estimated at $1,600,000 and has been included in the Southeastern Expressway Study
Project.
These funds are only for the advance acquisition of easements of the Southeastern Expressway. This is
not the entire land sale.
September 7, 1993
-7-
ITEM # 37173
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 7, 1993, at 12:55 P.M.
Voting: 9-0
Council Members Voting .dye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy IC Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Paul J. Lanteigne
September 7, 1993
-8-
ITEM # 37174
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amendea~ for the following purposes:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To-Wit: Appointments - Boards and Commissions: Public Library Board
Southeastern Hampton Roads Disability Services Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-Wit: Acquisition of Property - Beach Services Center - Parking 25th Street
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provisions of
legal advice by counsel pursuant to Section 2.1-344(A)(7).
To-Wit: Lisa G. Lawrence v. City of Virginia Beach
Lyman E. Willis, III v. City of Virginia Beach, et al
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baurn, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert K.
Dean, Louis I~ Jones, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W.. Brazier, Jr. and Paul J. Lanteigne
September 7, 1993
-9-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
September 7, 1993
2:00 P34.
Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, September 7, 1993, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K. Dean, Louis 1~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION:
Reverend Richard J. Keever
Bayside Presbyterian Church
PLEDGE OF/ILLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
September 7, 1993
- 10 -
Item III-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37175
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to thc affirmative vote recorded in ITEM # 37174, Page No. 8, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, Co) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
R~h Hodges ~'mith,'CMC/AAE
City Clerk
September 7, 1993
- 11 -
Item III-F. 1.
MINUTES
ITEM # 37176
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of August 24, 1993.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert lC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndoff, Nancy lC Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John D. Moss
Council Members Absent:
None
Council Member Moss ABSTAINED as he was not in attendance during the City Council Session of
September 7, 1993.
September 7, 1993
- 12 -
Item III-G. 1.
PRESENTATION
ITEM # 37177
Mayor Oberndorf PRESENTED the AWARD OF FINANCIAL REPORTING ACHIEVEMENT for the
fiscal year ended June 30, 1992 to:
Patricia A. Phillips
Director of Finance
Robert M. Hayes
Comptroller
This Award of Financial Reporting Achievement is presented by the Government Finance Officers
Association to those individuals who have been instrumental in their government unit achieving a
Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the
highest form of recognition in governmental accounting and financial reporting, and its attainment
represents a significant accomplishment by a government and its management.
September 7, 1993
- 13 -
Item III-H. 1.
BRIEFING
ITEM # 37178
CABLE TELEVISION
Franklin R. Bowers, Vice President/General Manager - Cox Cable Hampton Roads, Inc., advised the
FCC has set initial rates based on what should occur in a competitive market place. Cox Cable has
determined the existing rates were well below the benchmarks established for a competitive market place.
By the FCC regulations, Cox Cable adjusted these rates to remain still below the maximum allowable
rates (benchmarks). ~4 number of services had to be reduced i.e, additional outlets went from $3.00 to
zero. This was then reallocated into the basic rate and the existing rates resulted. Rates were established
on cost versus value. The limited basic service or the hfeline service use to be subsidized through other
services. By law, this is no longer allowed. Cox must price based on cost.
A number of residents have had their rates in basic service increase and with a few residents the rates
have gone done. The overall assessment is a rate decrease of approximately SI-MILLION in revenue for
Cox with the regulator rates.
Mr. Bowers advised receiving only one complaint thus far. The real target of the FCC was tying future
rate increases to the rate of inflation and actual cost issues. The City is responsible, if they care to be,
for eighteen (18) basic channels, which is the limited basic. The other thirty channels, the FCC
automatically regulates. All records of Cox are open and available to the City officials. Under the law,
if Cox's rates are perceived to be inappropriate, they can be rolled back.
Mr. Bowers advised changes in benchmarks are allowed once a year. This will be based on inflation and
cost incurred by Cox. Cox must inform City Council of these changes thirty days in advance by law and
by Franchise twenty-five days in advance.
September 7, 1993
- 14 -
Item III-H. 2.
RESOLUTION
ITEM # 37179
ADD -ON
Upon motion by Councilman Jones, seconded by Councilman Moss, City Council AGREED TO ADD TO
THE AGENDA:
Resolution to AMEND Resolution No. R-93-02235 adopted by City
Council on August 24, 1993, pertaining to the Sports Authority of
Hampton Roads.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
- 15 -
Item III-H. 3.
RESOLUTION
ITEM # 37180
ADD-ON
Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council ADOPTED:
Resolution to AMEND Resolution No. R-93-02235 adopted by City
Council on August 24, 1993, pertaining to the Sports Authority of
Hampton Roads.
The following verbiage was added in the fourth paragraph:
"In the event the Authority does. in fact. participate with the City and
Churchill Downs in the development of the race track, the City
understands that the Authority will establish a standard fee for issuing its
bonds in assistance of any locali~., such fee being one-half of one-
percent of the principal amount of the bonds, per annum. The city further
understands that Churchill Downs has agreed to pay this fee as a part of
its annual lease to the Authority or to any other public entity that may
participate in the development of the race track by the issuance of its
The following verbiage was added in the fifth paragraph to read:
"BE IT FURTHER RESOLVED that the City Council agrees that
such agreement to participate by the Sports Authority with the City and
Churchill Downs does not preclude the participation by the Authority in
similar projects within the region, and does not preclude the City from
considering other options that may be available to finance the race
track."
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert
W.. Clyburn, Robert lC. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
A RESOLUTION TO AMEND RESOLUTION NO.
R-93-02235 ADOPTED BY CITY COUNCIL
ON AUGUST 24, 1993, PERTAINING TO
THE SPORTS AUTHORITY OF HAMPTON
ROADS
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH:
That Resolution No. R-93-02235 adopted by City Council on
August 24, 1993, and attached hereto as Exhibit A, is hereby
amended by adding the following language to lines 32-45 thereof:
That the Sports Authority of Hampton Roads is hereby
requested to participate with the City and Churchill
Downs in the development of the race track, including
acquiring and developing land and issuing revenue bonds
in an amount now estimated at up to $17,800,000 to
finance certain facilities of the race track and to do
all things appropriate to achieve these ends. The
Authority is further requested as a first action in this
regard to adopt as soon as practicable, but not later
than September 3, 1993, an "inducement resolution" in
substantial conformity with that which is attached
agreeing to such participation. In the event the
Authority does, in fact, participate with the City and
Churchill Downs in the development of the race track, the
City understands that the Authority will establish a
standard fee for issuing its bonds in assistance of any
locality, such fee being one-half of one-percent of the
principal amount of the bonds, per annum. The City
further understands that Churchill Downs has agreed to
pay this fee as a part of its annual lease to the
Authority or to any other public entity that may
participate in the development of the race track by the
issuance of its bonds.
34
35
36
37
38
39
40
BE IT FURTHER RESOLVED that the City Council agrees
that such agreement to participate by the Sports
Authority with the City and Churchill Downs does not
preclude the participation by the Authority in similar
projects within the region, and does not preclude the
City from considering other options that may be available
to finance the race track.
41
42
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of September 1993
43
44
45
46
CA-5275
ORDIN \NONCODE \ SPORTS 3 . RES
R-2
PREPARED: September 7, 1993
Exhibit A
02g 5
RESOLUTION REQUESTING THE SPORTS
AUTHORITY OF H~MMPTON ROADS TO ASSIST
IN THE FINANCING OF A HORSE RACING
FACILITY IN THE CITY OF VIRGINIA
BEACH AND RELATED OFF-TRACK BETTING
FACILITIES THROUGHOUT VIRGINIA
10
13
14
15
16
17
18
19
2O
21
22
23
24
26
27
28
29
3O
31
32
33
34
35
v6
WHEREAS, at the direction of City Council, representatives of
the City of Virginia Bea6h, Virginia (the "C%ty"), and Churchill
Downs, Incorporated have described to the Sports Authority of
Hampton Roads (the "Authority") plans for Churchill Downs,
Incorporated or an affiliated entity ("Churchill Downs") to develop
a horse racing facility at a site in the southern part of the City
(the "Race Track") and related off-track betting facilities
throughout Virginia at a total cost of approximately $58,000,000 to
be financed through a combination of public and private sources;
WHEREAS, the City and Churchill Downs have entered into an
Agreement of Intent for Churchill Downs to develop the Race Track
and the off-track betting facilities, subject to obtaining a
license from the Virginia Racing Commission, and for the City to
construct certain public improvements at its cost and to assist in
the financing of certain other improvements associated with the
Race Track, including making up a deficiency in a debt service
reserve fund in connection with a bond issue; and
WHEREAS, the Authority was created for the purpose of
acquiring, constructing, equipping, financing, maintaining and/or
operating a public recreational and sports facility containing one
or more race tracks and related facilities, and has in open session
on August 13, 1993 expressed its interest in the project and
willingness to perform.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That the Sports Authority of Hampton Roads is hereby requested
to participate with the City and Churchill Downs in the development
of the race track, including acquiring and developing land and
issuing revenue bonds in an amount now estimated at up to
$17,800,000 to finance certain facilities of the race track and to
do all things appropriate to achieve these ends. The Authority is
38
39
41
42
43
44
45
46
47
48
49
~0
51
52
53
54
55
56
57
58
59
60
further requested as a first action in this regard to adopt as soon
as practicable, but not later than September 3, 1993, an
"inducement resolution" in substantial conformity with that which
is attached agreeing to such participation.
BE IT FURTHER RESOLVED that the City Council agrees that such
agreement to participate by the Sports Authority with the City and
Churchill Downs does not preclude the participation by the
Authority in similar projects within the region.
BE IT FURTHER RESOLVED that the City Manager is authorized to
do all things necessary to provide for the reimbursement of the
Authority for out-of-pocket, non-contingent legal fees for general
counsel associated with the development of documents for the
project not to exceed $15,000; to provide for City costs of bond
counsel services for the same purposes and, upon the formal
agreement to participate by the Authority, to carry-out the
development of documents, agreements and contracts, subject to
final approval by the City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia,cA_5266 on the ~~day of ~ .~(~~~~--, 1993.
Noncode\Sports.Res
R-3
August 20, 1993
RESOLUTION OF SPORTS AUTHORITY
OF HAMPTON ROADS
WHEREAS, representatives of the City of Virginia Beach, Virginia ("the City"), (and
Churchill Downs, Incorporated have) (has) described to the Sports Authority of Hampton Roads (the
"Authority") plans for Churchill Downs, Incorporated or an affiliated entity ("Churchill Downs") to
develop a horse racing facility at a site in the southern part of the City (the "Race Track") and related
off-track betting facilities throughout Virginia at a total cost of approximately $58,000,000 to be
financed through a combination of public and private sources;
WI-IEREAS, the City and Churchill Downs have entered into an Agreement of Intent for
Churchill Downs to develop the Race Track and the off-track betting facilities, subject to obtaining a
license from the Virginia Racing Commission, and for the City to construct certain public
improvements at its cost and to assist in the financing of certain other improvements associated with
the Race Track, including making up a deficiency in a debt service reserve fund in connection with a
bond issue; and
WHERE&S, the City has agreed to reimburse the Authority for out-of-pocket legal fees
for general counsel associated with the development of documents for the project, not to exceed $15,000;
and
WIdE~S, The Authority was created for the purpose of acquiring, constructing,
equipping, financing, maintaining and/or operating a public recreational and sports facility containing
one or more race tracks and related facilities;
NOW, THF. REFORF~ BE IT RESOLVED BY THE SPORTS AU'I~ORITY OF
HAMPTON ROADS: '
1. The Authority hereby finds and determines that development of the Race Track is a
"project" authorized pursuant to the Public Recreational Facilities Authorities Act §$ 15.1-1271 et seg.
of the Code of Virginia of 1950, as amended, and Chapter 426 of the Acts of Assembly of 1986 and will
result in substantial direct and indirect economic benefits to the City and adjoining localities in the
region that are members of the Authority and that participation of the Authority in developing the
Race Track will be consistent with the purposes for which the Authority has been created.
2. The Authority hereby agrees to participate with the City and Churchill Downs in
developing the Race Track, including acquiring and developing land and issuing revenue bonds in an
amount now estimated at up to $17,800,000 to finance certain facilities constituting part of the Race
Track, subject to financing arrangements satisfactory to the Authority and the City, the completion of
formal documentation satisfactory to the Authority, receipt of approving opinions satisfactory to the
Authority and the award of a license to Churchill Downs by the Virginia Racing Commission. The
Authority understands and agrees that the Race Track will be leased to and operated by Churchill
Downs, that rent paid by Churchill Downs is expected to pay principal of and interest on the bonds
and provide for a annual payment to the Authority of $20,000 for costs, and that the Authority will
have no financial obligation on the bonds, but that the bonds will be payable solely from amounts
derived from the ownership or operation of the Race Track or amounts pledged to the payment of the
bonds by third parties. The Authority understands and agrees that upon payment of all outstanding
Authority debt, the property and improvements will be transferred to Churchill Downs, its successors
and assigns for a sum to be determined, such sum to be paid to the City of Virginia Beach.
3. All costs and expenses incurred by the Authority in connection with the financing,
acquisition, construction, and equipping of the Race Track and related facilities including, without
limitation, the fees and expenses of bond counsel, counsel to the Authority, and counsel to the
underwriter, shall be paid from the proceeds of the bonds. If for any reason the bonds are not issued,
it is understood that all costs and expenses shall be paid by the City (but the obligation of the City to
pay the Authority's general counsel fees shall not exceed $15,000 without further approval from the
City) and the Authority shall not be responsible therefor.
4. Churchill Downs and the City acknowledge and agree that tile adoption of this
resolution by the Authority and its agreement herein to participate with tile City and Churchill Doa ns
in developing the Race Track shall not be considered an agreement to participate exclusively with the
City and Churchill Downs, but that the Authority may adopt similar resolutions simultaneously to
assist or participate with other cities and operators to build a Race Track in any city or county of any
of the members of the Authority.
- 16 -
Item III-L
CONSENT AGENDA
ITEM # 37181
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in
ONE MOTION Items 3, 4 and 7 of the CONSENT AGENDA.
Items 1, 2, 5 and 6 were pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W.. Clyburn, Robert IC Dean, Louis 1~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
-17-
Item III-L1.
CONSENT AGENDA
ITEM # 37182
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Resolution authorizing the filing of an Application with the State Council
on Local Debt re issuance and sale of Water and Sewer System Revenue
Refunding Bonds and General Obligation Refunding Bonds; and,
directing the City Manager pursue the necessary requirements for the
issuance and sale of one or more series of bonds to refund certain
outstanding Bonds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James IV.. Brazier, Jr., Robert
W. Clyburn, Robert I~ Dean, Louis tZ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
RESOLUTION AUTHORIZING THE FILING OF~NAPPLICATION WITH THE STATE
COUNCIL ON LOCAL DEBT FOR THE ISSUANCE AND SALE OF WATER AND SEWER
SYSTEM REVENUE REFUNDING BONDS AND GENERAL OBLIGATION REFUNDING
BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, the City of Virginia Beach, Virginia (the "City"),
has issued its Water and Sewer Revenue Bond, Series of 1989 (the
"1989 Bond"), in the aggregate outstanding principal amount of
$11,715,000; and
WHEREAS, the City has issued its Water and Sewer System
Revenue Bonds, Series of 1992, in the aggregate outstanding
principal amount of $19,595,000 ; and
WHEREAS, the City has issued its General Obligation Public
Improvement Bonds, Series of 1991C, maturing on August 1, 2002
through 2007, in the aggregate principal amount of $14,700,000; and
WHEREAS, the City has issued its General Obligation Public
Improvement Bonds, Series of 1991A, maturing on March 1, 2002
through 2005, in the aggregate principal amount of $7,960,000; and
WHEREAS, the City has issued its General Obligation Public
Improvement Bonds, Series of 1990A, maturing on June 1, 2001
through 2003, in the aggregate principal amount of $6,155,000; and
WHEREAS, the City has issued its General Obligation Public
Improvement Bonds, Series of 1989A, maturing on October 1, 2000, in
the aggregate principal amount of $2,010,000; and
WHEREAS, the City has issued its General Obligation Public
Improvement Bonds, Series of 1988A, maturing on May 1, 1999, in the
aggregate principal amount of $2,100,000 (together with the 1989
and 1992 Water and Sewer Revenue Bonds and the 1991C, 1991A, 1990A
and 1989A General Obligation Public Improvement Bonds, the
"Outstanding Bonds"); and
WHEREAS, the City, in conjunction with its financial advisors,
has determined that it is in the best interest of the City to
refund all or a portion of the Outstanding Bonds to take advantage
of current lower interest rates and to make certain amendments to
the City's Master Water and Sewer System Revenue Bond Resolution;
and
WHEREAS, the City must obtain the approval of the State
Council on Local Debt to issue bonds to refund the Outstanding
Bonds;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The City Manager, the Director of Finance and the City
Attorney, any one of whom may act, are authorized and directed to
pursue the necessary requirements for the issuance and sale of one
or more series of bonds (the "Bonds") to refund the Outstanding
Bonds.
2. The City Manager, the Director of Finance and the City
Attorney, any of whom may act, are hereby authorized and directed
to apply to the State Council on Local Debt for approval for the
issuance of the Bonds. The Bonds shall not be issued until their
issuance shall have been approved by the State Council on Local
Debt, as required by the Section 15.1-227.46 of the Code of
Virginia, as amended.
Adopted by the Council of the City of Virginia Beach, Virginia
- -
on the 7th day of September, 1993.
CA-5270
Drafted: August 31, 1993
AF?;{'."::V~'D ~.$ TO I EGAL
~j,~,/,SUFFIC:F_NCY AND FORM CITY ATTORNEY
- 18 -
Item III-L2.
CONSENT AGENDA
ITEM # 37183
Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS
AMENDED:
Ordinance to ACCEPT andAPPROPRIATE $1,000,000 from the United
States Department of Housing and Urban Development to the
Department of Housing and Neighborhood Preservation re housing
rehabilitation funding in the Seatack, Atlantic Park and Queen City
neighborhoods; ana~ increase federal government revenues accordingly.
The loan guarantee contract and any note(s) to be executed by the City for these loan funds shall contain
language similar to the language recommended in the letter from Bond Counsel, Hunton & Williams,
dated December 11, 1992.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert IC Dean, Louis R~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
10
11
12
13
14
15
16
17
18
19
20
21
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$1,000,000 FROM THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
WHEREAS, the Department of Housing and Urban Development
has approved the City's application for Section 108 loan funds; and
WHEREAS, the City desires to use such funds to provide
housing rehabilitation funding in the Seatack, Atlantic Park, and
Queen City neighborhoods.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the $1,000,000 in loan funds be accepted and
appropriated to the Department of Housing and Neighborhood
Preservation subject to the condition that the loan guarantee
contract and any note(s) to be executed by the City for these loan
funds contain language similar to the language recommended in the
attached letter from bond counsel dated December 11, 1992; and
BE IT FURTHER ORDAINED:
That revenues from the Federal government be increased by
$1,000,000.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 7th day of September, 1993.
22
23
24
25
CA-5267
ORDIN\NONCODE \ 108LOAN. ORD
R-2
DATE: September 7, 1993
ATLANTA, GEORGIA
BRU $ e' ~:L$, BELGIUM
IrAI R ItAX, VIRGINIA
NI~W YORK, N~W YORK
RIVERF'RON? PLAZA. EAST TOWER
951 EAST BYRD STREET
F~ICHHONO. VIRGINIA ~3~19 -4074
m~' L [ I='HO N~' (804)
FACSIMILE (~04) 7~8-~18
December 11, 1992
,.
NORFOLK, VIRGINIA
RALEIGH, NORTH ~ROLINA
~INIA BEACH. VIRGINIA
WASHINGTON,~ ~
22764.8
Diane E. McNamara, Esquire
Assistant City Attorney
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456-9002
city of Virginia Beach -
Section X08 Loan of CDBG Funds
Dear Dee:
This letter will confirm my verbal advice on questions
raised in your letter of December 1, 1992, concerning borrowing
by the City of Virginia Beach under the Section 108 Guaranteed
Loan Program in connection with the Federal Community Development
Block Grant Program. In particular, you ask whether a loan
obtained from HUD that will be payable solely from anticipated
future grants of CDBG funds would constitute a debt for purposes
of debt limits applicable to the City. It is our opinion that
they would not.
Revenue bonds or notes are not considered as debt under
either the Constitution of Virginia or the City Charter. Ac-
cording to Section 10(a) (3) of Article VII of the Virginia
Constitution, bonds payable exclusively from the revenues or
receipts of an undertaking from which the City may derive a
revenue are excluded in determining the constitutional limit on
debt of a city. This same provision is incorporated in Section
6.05:1 of the City Charter in determining when bonds of the City
must be authorized at an election. In order to fit within this
exclusion, we must conclude that the CDBG Program is undertaking
from which the City may derive revenue and that future grant
funds under this program constitute revenue. While admittedly
your circumstances do not fit under the constitutional exclusion
language discussed above as clearly as a typical water revenue
bond, no other interpretation would make any practical sense.
Nor would any other interpretation be consistent with the Vir-
ginia Supreme Court's decision in Dykes v. Northern Virqinia
Transportation District Commission, 242 Va. 357 (1991). Con-
sider, for example the fo]lowing language:
I~UNTON ~ ~rILLI.kMS
Diane E. McNamara, Esquire
December 11, 1992
Page 2
We have described the attributes of "debt" for
constitutional purposes in various ways. "[I]f the
political entity is made generally liable, then an
indebtedness is created within the debt limitations of
the Constitution." Terry v. Mazur, 234 Va. 442, 450,
362 S.E.2d 904, 909 (1987) (quoting ~arquhar, 196 Va.
at 61, 82 S.E.2d at 582). Obligations which "are not
secured by the general credit of the State or the
issuing agency" do not constitute a debt within the
constitutional limitation. Button, 204 Va. at 272, 130
S.E.2d at 461. (242 Va. at 374)
A critical element of the foregoing analysis is that notes
to be executed by the City in favor of HUD must qualify as
revenue notes that are payable exclusively from future grants of
CDBG funds received by the City. To ensure this result, language
substantially as follows should be inserted in the note:
The Borrower shall not be liable for the
repayment of advances under this Note or payment
of interest thereon from or out of any funds or
property, now or hereafter owned by the Borrower,
other than funds to be received by the City from
future grants of Community Development Block Grant
Funds [if desired, add "under Title I of the Hou-
sing and Community Development Act of 1974, as
amended"]. It is expressly understood that nei-
ther the faith and credit nor the taxing power of
the Borrower is pledged to payment of this Note or
interest thereon.
While we prefer that both of the above sentences be added,
the second sentence is less important that the first. Similar
language should also be inserted in the Loan Guarantee Contract
that the City will enter into with HUD.
The City's intended use of the proceeds of the note and the
CDBG funds is to provide rehabilitation loans and grants to
certain citizens of the City. This raises a potential problem
under the "credit clause" of Article X, Section 10 of the Vir-
ginia Constitution. As you know, the credit clause provides that
the credit of a city shall not be "directly or indirectly, under
any device or pretense whatsoever, granted to or in aid of any
person."
There is a simple procedure to resolve any credit clause
problem. Virginia Code Section 15.1-29.7 authorizes cities to
]:tUNTOI~ ~ ~ILLXAMS
Diane E. McNamara, Esquire
December 11, 1992
Page 3
participate in the Community Development Program under Title I of
the United States Housing and Community Development Act of 1974.
Section 15.1-29.7 provides in part as follows:
Any federal funds, or portion thereof, received by
a county, city or town under a Title I program may
be deposited in a special fund which shall be
established separate and apart from any other
funds, general or special; such funds shall be
deemed to be federal funds and shall not be con-
strued to be part of the revenues of such county,
city or town.
Thus, so long as the City segregates proceeds of the note and
deposits them in a special fund, those proceeds do not become
City funds and there is no problem under the credit clause.
We are familiar with the credit clause aspect of the CDBG
Program through past experience. We drafted the above-quoted
language for the specific purpose of allowing localities to use
CDBG funds for just the type of loans and grants to local citi-
zens that you describe, in order to make sure that there was no
credit clause problem.
Please let us know if you have further questions.
hf/bk
Very~~/~..~.~..tr~ly ~.~ours,
Ha~ry~:Fr~ ier, III
- 19 -
Item III-L3.
CONSENT AGENDA
ITEM # 37184
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $189,481 Federal Funding
and a State Grant of $4,000 to the Department of Mental Health,
Mental Retardation and Substance Abuse re substance abuse treatment
and prevention, additional infant stimulation services and create an
~lIDS Education Program for jail inmates; and, increase Federal/State
revenue accordingly.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
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
36
37
38
39
AN ORDINANCE TO ACCEPT AND APPROPRIATE FEDERAL FUNDING IN THE
AMOUNT OF $189,481 AND A STATE GRANT IN THE AMOUNT OF $4,000 TO
THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND
SUBSTANCE ABUSE TO PROVIDE SUBSTANCE ABUSE TREATMENT AND
PREVENTION, TO PROVIDE ADDITIONAL INFANT STIMULATION SERVICES,
AND TO CREATE AN AIDS EDUCATION PROGRAM WITH JAIL INMATES
WHEREAS, the Community Services Board and the Department of
Mental Health, Mental Retardation, and Substance Abuse are
responsible for the coordination and implementation of mental
health, mental retardation, and substance abuse services;
WHEREAS, the department has received federal funding in the
amount of $189,481 to provide substance abuse treatment/prevention
services and additional infant stimulation services;
WHEREAS, the department has also received a State grant in the
amount of $4,000 to create an Aides Education Program with Jail
Inmates to heighten peer awareness of HIV virus and transmission;
WHEREAS, the funding requires no local funding match and an
additional 4 FTE's.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA: 1. That funding in the amount of
$64,327 be accepted and appropriated from the federal government
and 1.2 FTE's be established in the Department of Mental Health,
Mental Retardation, and Substance Abuse to provide substance abuse
prevention and treatment services; 2. That funding in the amount of
$125,154 be accepted and appropriated from the federal government
and 2.8 FTE's be established in the Department of Mental Health,
Mental Retardation, and Substance Abuse to provide additional
infant stimulation services; 3. That a grant in the amount of
$4,000 be accepted and appropriated from the state to create an
AIDS Education Program for jail inmates; and 4. That appropriations
be offset by a $189,481 increase in federal revenue and a $4,000
increase in revenue resulting from a state grant.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on the Seventh day of September , 1993.
This ordinance shall be effective from the date of its
adoption.
Approved as to Content
Walter ~. Kraem~ Jr.
- 20 -
Item III-L4.
CONSENT AGENDA
ITEM # 37185
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE State Funding of $81, 760;
increase the estimate of Medicaid transportation revenue by $20,000;
TRANSFER $5,682 within the Deportment of Mental Health, Mental
Retardation and Substance Abuse Operating Budget re case
management, day treatment and transportation for Mental Retardation
Program participants; ana~ that estimated revenue increase accordingly.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
AN ORDINANCE TO TRANSFER $36,400 FROM THE RESERVE FOR
CONTINGENCIES OF THE DEA FUND TO PURCHASE VEHICLES AND
RADIOS FOR THE NEWLY FORMED DOMESTIC VIOLENCE SQUAD
WHEREAS, the Police Department created a Domestic Violence
Squad within the Investigative Division to handle the 3,000 cases of
reported domestic violence,
WHEREAS, the Domestic Violence Unit was formed from existing
positions and due to the nature of its duties these positions will be
unable to share vehicles with other police officers as had been done,
WHEREAS, there is sufficient funding available within the
DEA Reserve for Contingencies to allow for this purchase.
10
11
12
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that $36,400 be transferred within the
DEA Fund to acquire 2 vehicles and radios for the Domestic Violence
Squad.
Approved as to Content
Deputy Director
Management and Budget
- 22 -
[t¢~ III-I. 6.
CONSENT AGENDA
ITEM # 37187
Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to TRANSFER $100,000 from Larkspur Sewer Project (CIP
6-945) to Princess Anne Plaza Rehabilitation Sewer Project (CIP 6-
938) re cost of construction, additional engineering, inspection costs and
allow for construction-related contingencies.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
AN ORDINANCE TO TRANSFER FUNDS OF $100,000
TO THE PRINCESS ANNE PLAZA REHABILITATION
SEWER PROJECT (6-938) TO COVER THE
SHORTFALL IN CONSTRUCTION BID PRICES
WHEREAS, the exIsting CIP ~ncudes the Pmncess Anne Plaza Rehab,l,tat,on sewer project (6-
938) which ~dent~fles areas ~n the Pmncess Anne Plaza sewer system where p~pe detemorat~on ~s
~mm~nent and detmmental to the overall operation of the system and rehab,l,tat,on work ,s reqmred;
10
WHEREAS, based on recently received construct,on b,ds, the project w~ll need an add,t~onal
$100,000 to cover the shortfall ~n construction costs, prowde for additional eng~neemng and ,nspect~on
costs, and allow for contingencies;
11
12
13
WHEREAS, the amount needed ~s available from the Larkspur sewer project (6-945) mnce
th~s project ~s substantially completed and has appropmat~ons wh,ch may be transferred to another
sewer project. .
15
16
17
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA: That funds ,n the amount of $100,000 are hereby transferred from Larkspur
Sewers (6-945) to Pmncess Anne Plaza Rehab~htat~on Sewers (6-938) to cover the cost of construction,
prowde for additional eng~neemng and ~nspect~on costs, and allow for contingencies.
18
Th~s ord,nance shall be effective on the date of ~ts adoption.
19
20
Adopted by the Counc,I of the C~ty of V~rg~n~a Beach, V~rg,ma on the 7th
September ,1993.
day of
Approved as to Content
Management and Budget
I III I II I I I I ! I
APPROVED AS TO
LEGAL SUF_FlClENCY
- 23 -
Item III-L 7.
CONSENT AGENDA
ITEM # 37188
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $15,748.21 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
8/23/93 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following applications for tax refunds upon certification of the Treasurer are hereby approved'
Tax Type TIcket Exonera- Date Penalty Int.
NAME Year of Tax Number t,on No. Pa~d
Total
Farm & Home Savings 93 RE(l/2)
Farm & Home Savings 93 RE(2/2)
Fleet R E Funding Corp 93 RE(l/2)
Fleet R E Funding Corp 93 RE(2/2)
Sandbridge Road Enterprises 93 RE(2/2)
Sandbridge Road Enterprises 93 RE(2/2)
Pleasant Acres Ltd 93 RE(2/2)
Christian Broadcast Network 92 RE(l/2)
Christian Broadcast Network 92 RE(l/2)
Christian Broadcast Network 92 RE(2/2)
Christian Broadcast Network 92 RE(l/2)
Christian Broadcast Network 92 RE(2/2)
Christian Broadcast Network 92 RE(l/2)
Christian Broadcast Network 92 RE(2/2)
Christian Broadcast Network 92 RE(l/2)
Christian Broadcast Network 92 RE(2/2)
Christian Broadcast Network 92 RE(l/2)
Christian Broadcast Network 92 RE(2/2)
Christian Broadcast Network 92 RE(2/2)
Christian Broadcast Network 92 RE(l/2)
Christian Broadcast Network 92 RE(2/2)
Christian Broadcast Network 93 RE(l/2)
Christian Broadcast Network 93 RE(l/2)
Christian Broadcast Network 93 RE(l/2)
Christian Broadcast Network 93 RE(l/2)
Robin L Cooke Zarrella 92 RE(l/2)
Robin L Cooke Zarrella 92 RE(2/2)
Robin L Cooke Zarrella 91 RE(l/2)
Robin L Cooke Zarrella 91 RE(2/2)
Robin L Cooke Zarrella 90 RE(l/2)
Robin L Cooke Zarrella 90 RE(2/2)
34121-1 11/24/92 67.12
34121-1 5/29/93 67.12
128628-9 11/24/92 16.35
128628-9 5/18/93 16.35
101253-8 4/28/93 26.68
101254-7 4/28/93 79.92
131928-0 4/9/93 1,970.51
20610-9 12/5/91 337.90
20596-7 12/5/91 7.33
20596-7 6/5/92 43.86
20598- 5 12/5/91 283.40
20598-5 6/5/92 283.40
20604- 7 12/5/91 105.48
20604-7 6/5/92 316.56
20596-7 12/5/91 68.61
20596-7 6/5/92 205.92
20632-3 12/5/91 196.76
20632-3 6/5/92 196.76
20615-4 6/5/92 610.72
20602- 9 12/5/91 138.44
20602-9 6/5/92 415.44
20716-1 12/4/92 1,103.08
20718- 9 12/4/92 283.40
20750-8 12/4/92 8,562.05
20734-9 12/4/92 267.55
23601-4 12/5/91 13.63
23601-4 6/5/92 13.63
23492-7 12/5/90 12.90
23492-7 6/5/91 12.90
23180-5 12/5/89 12.22
23180-5 6/5/90 12.22
Total
15,748.21
Th~s ordinance shall be effective from date of adoption.
The .bo_ve_~a~baLe~ment(s) totaling
~z~,/z+~.zz were approved by
the Council of the C~ty of Virg£nia .
Beach on the 7day of 5et)te.mbez', 1993
Ruth Hedges Smith
C~ty Clerk
Atk '~~ ~"~ure~I
John ~.]Atk'~nson, Treasure
Approved as to form.
Le~e-~L,Iley,~ty~
- 24 -
Item III-J. 1.
APPOINTMENTS
ITEM # 37189
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
PUBLIC LIBRARY BOARD
Robert Troy Schaum, Jr.
Student
9/1/93 - 5/31/94
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert
W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
Item III-J. 2.
APPOINTMENTS
ITEM # 37190
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
SOUTHEASTERN HAMPTON ROADS DIS~ILITY SERVICES BOARD
David Grochmal
Staff l. Jaison
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert
W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor
William D. Sessotns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
- 26 -
Item III-K 1.
UNFINISHED BUSINESS
ITEM # 37191
ADD-ON
Councilman Dean referenced the expansion/widening of Birdneck Road from General Booth Boulevard
to Southern Boulevard.
Councilman Dean inquired as to the impacts to the Seatack area.
John Herzke, Traffic Engineer, advised the City is in the very beginning stages of the design effort and
has just received from the State two preliminary alignment drawings, which Staff is in the process of
investigating. The City staff, with representatives from I/DOE will review these preliminary alignment
drawings. The right-of-way in the northern part of Birdneck Road is not uniform due to developments
taking place over the years. The staff is attempting to place the right-of-way in such a fashion that
impact is minimized to the greatest extent possible.
Mr. Herzke advised the new interchange at Birdneck coming off of Interstate 44 is a separate project and
the drawings are nearing completion.
ITEM # 37192
Councilman Dean referenced an accessible bike-walking trail through the entire General Booth Corridor
to the Princess Anne Recreation Center. Mr. Herzke advised with the Birdneck Road project, the Bikeway
extends up to the railroad tracks. No funding is programmed for bike paths beyond the railroad tracks
at the present time.
ITEM # 37193
Councilman Dean referenced the proposed bikeways utilizing abandoned railroad right-of-way through
the proposed golf course (E. V. Williams projecO adjacent to Seaboard Road.
The City Manager will advise whether there has been a change in this route moving same adjacent to the
wetlands at West Neck Creelc
September 7, 1993
- 27 -
Item III-L.I.
NEW BUSINESS
ITEM # 37194
ADD -ON
The following speakers spoke in SUPPORT of a Recreation Center in the Seatack Area:
Michael Harrington, 1471 Reynard Crescent, Phone: 456-2396
Edward L. Knight, 4897 Bonney Road, Phone: 456-5752
Beverly A. Woodhouse, 448 North Oceana Boulevard, Phone: 425-8152
Michael J. Albritton, 249 St. Pauls Street, Phone: 491-8978
Teresa Albritton, 249 St. Pauls Street, Phone: 491-8978
Tim Jackson, 1708 Arcturus Lane
E. George Minns, President - NAACP, Post Office Box 4548, Phone: 428-6353
Reverend Charles A. Vinson, 458 Peregrine Street, Phone: 499-8990
Synta L. Kellam, 1221 Friendship Square
Ernest Benson, 2945 Queen City Road, Phone: 420-4137
Mayor Oberndorf referenced the following phone calls in SUPPORT of a Recreation Center in the
Seatack Area:
Barbara Lewis, Phone: 430-0013
Mary Minns, Phone: 428-6353
Mrs. Robert Albritton, Phone: 428-4328
Bernard and Elizabeth Bowser, Phone: 426-7727
Upon motion by Councilman Branch, seconded by Councilman Moss, City Council APPROVED:
Bond Referendum Question shall be placed on May 1994 Ballot for a
Recreation Center in Seatack Area. City Staff is instructed to provide
cost analysis and appropriate site location.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
NEW BUSINESS
ADD -ON
ITEM # 37195
Upon NOMINATION by Vice Mayor Sessoms, City Council DESIGNATED to NATIONAL LEAGUE
OF CITIES:
Voting Delegate
Mayor Meyera E. Oberndorf
Alternate Voting Delegates
Council Member James A. Brazier, Jr.
Council Member Robert W. Clyburn
1993 Annual Conference
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
September 7, 1993
- 29 -
Item III-L. 3.
NEW BUSINESS
ITEM # 37196
ADD -ON
Mayor Oberndorf referenced correspondence of the City Manager advising the City has settled the
Faridoon Ferhut claim and is discussing recovery of the costs with the Virginia Department of
Transportation, whose contractor installed the traffic light pole in 1990.
September 7, 1993
NEW BUSINESS
ADD-ON
ITEM # 37197
Vice Mayor Sessoms referenced a memo and information regarding the HOV Park and Ride will be faxed
to all Members of City Council.
Vice Mayor Sessoms advised a Resolution of support for the Transit Proposal developed by the Virginia
Department of Transportation and Tidewater Transportation District Commission to operate an express
bus service from selected Park and Ride lots in the City of Virignia Beach to Downtown Norfolk and the
Norfolk Naval Base will be SCHEDULED for the City Council Session of September 14, 1993.
September 7, 1993
- 31 -
Item III-M. 1.
ADJOURNMENT
ITEM # 37198
Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the Meeting at
4:55 P.M.
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
September 7, 1993