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May 7, 1990
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room - 10:30 AM
A. ARTS AND HUMANITIES COMMISSION
ITEM 11. CITY MANAGER'S PRESENTATION - Conference Room - 10:45 AM
A- HOME OCCUPATIONS
William Macall, Senfor Attorney
ITEM 111. CITY COUNCIL RECONCILIATION WORKSHOP
A- Fy 1990-1991 OPERATING BUDGET
ITEM IV. CITY MANAGER'S BRIEFING
A. LABOR DAY COMMUNITY COORDINATION COMMITTEE
Dr. Harrison B. Wilson, Co-Chair
Andrew S. Fine, Co-Chair
ITEM V. CITY COUNCIL CONCERNS - Conference Room - 12:15 PM
ITEM Vi. L U N C H - Conference Room - 12:20 PM
ITEM VII. INFORMAL SESSION - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM VIII. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend James E. Poweli, Jr.
Charity United Methodlst Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - April 30, 1990
F. PUBLIC HEARING
1. FY 1990-1991 OPERATING BUDGET
G. ORDINANCES
1- FY 1990-1991 OPERATING BUDGET
Ordinance, upon FIRST READING, making APPROPRIATIONS for the
Fiscal Year beginning July 1, 1990 and ending June 30, 1991, In the
SUM Of Six Hundred Forty-five Million, Nine Hundred Thirty-two
Thousand, Six Hundred Twenty-four Dollars ($645,932,624) for
operations and Two Hundred Forty-seven Million ' Two Hundred
Elghty-three Thousand, Five Hundred Six Dollars ($247,283,506) in
Interfund transfers and regulating the payment of money out of the
City Treasury, as amended.
Ordinance, upon FIRST READING, establishing the tax levy on real
estate for Tax Fiscal Year 1991.
Ordinance, upon FIRST READING, establishing the tax levy on
personal property and machinery and tools for the Calendar Year
1991.
Ordinance notifying the State Commissioner of Weights and Measures
of the City's intent to discontinue the City's local Weights and
Measures Program pursuant to Section 3.1-937 of the State Code.
Ordinance to AMEND and REORDAIN Sections 2-247 and 2-250 of the
Code of the City of Virginia Beach, Virginia, re Weights and
Measures Division of the Department of Permits and Inspections;
and, ADD and ORDAIN Section 2-285 to the Code of the City of
Virginia Beach, Virginia, re Consumer Protection Division.
Ordinance ADDING Chapter 40 to the Code of the City of Virginia
Beach, Virginia, re assessment of court costs for the construction,
renovation or maintenance of Courthouse or jail facilities.
Ordinance to AMEND and REORDAIN Sections 31-1, 31-15,
31-27 (b) and (c), 31-29, 31-36 and 31-37 of the Code of the City
of Virginia Beach, Virginia, re collection and disposal of solid
waste from commercial businesses.
Ordinance to AMEND and REORDAIN Sections 2-4, 2-421, 2-422, 2-423,
2-424 and 2-425 of the Code of the City of Virginia Beach,
Virginia, re recognitton of Police, Fire Companies and Rescue
Squads and the Department of Emergency Medical Services.
Ordinance to AMEND and REORDAIN Section 10.5-2 (A) of the Code of
the City of Virginia Beach, Virginia, re emergency medical care
agencies and vehicles.
Ordinance to AMEND and REORDAIN Section 23-50 of the Code of the
City of Virginia Beach, Virginia, re accumulations of trash,
garbage, etc., or excessive growth of weeds or grass.
Ordinance to AMEND and REORDAIN Section 31-61 of the Code of the
City of Virginia Beach, Virginia, re charge for depositing solid
waste at City refuse disposal areas.
H. RESOLUTION
1. Resolution providing for the ISSUANCE and SALE of $40,000,000
General Obligation Public Improvement Bonds, Series of 19SSOA,
of the City of Virginia Beach, Virginla, heretofore authorized;
and, providing for the form, details and payment thereof.
1. CONSENT AGENDA
Al I matters listed under the Consent Agenda are considered in the
ordlnary course of business by City Council and will be enacted by
one motion in the form listed. If an Item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. ordinance to AMEND and REORDAIN Section 21-150 of the Code of the
City of Virginia Beach, Virginia, re flashing, blinking or
alternating colored Ilghts.
2. Ordinance authorizing tax refunds in the amount of $3,294.99.
J. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
EROSION COMMISSION
MEDICAL COLLEGE OF HAMPTON ROADS
SOCIAL SERVICES BOARD
SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION
SPORTS AUTHORITY OF HAMPTON ROADS
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. CANCEL/RESCHEDULE CITY COUNCIL SESSION
r4onday, June 18, 1990 (United States Conference of Mayors)
M. ADJOURNMENT
CITY COUNCIL SESSIONS RESCHEDULED
MAY 29, 1990 6:00 PM
(Planning Items)
RESCHEDULE OF MAY 28, 1990
"MEMORIAL DAY" HOLIDAY
(All other Sessions will be in accordance with the City Code)
FY 1990-1991 OPERATING BUDGET
MAY 7, 1990 2:00 PM
PUBLIC HEARING AND FIRST READING
APPROPRIATION ORDINANCE
FY 1990-1991 OPERATING BUDGET
(Formal City Council Session)
MAY 14, 1990 2:00 Pm
SECOND READING AND ADOPTION BY CITY COUNCIL
FY 1990-1991 OPERATING BUDGET
(Formal City Council Session)
5/3/90
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M I N U T E S
VIRGINIA BEACH CITY COLJNCIL
Virginia Beach, Virginia
May 7, 1990
The BRIEFING of the ARTS AND HUMANITIES COMMISSION to the VIRGINIA BEACH CITY
COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference
Room, City.Hall, on Monday, May 7, 1990, at 10:30 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Absent:
John D. Moss (ENTERED: 10:55 A.M.)
William D. Sessoms, Jr. (ENTERED: 10:45 A.M.)
- 2 -
C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N
ARTS AND HUMANITIES COMMISSION
10:30 A.M.
ITEM # 32751
Dr. Warren E. Sachs, Chairman - ARTS AND HUMANITIES COMMISSION, introduced
Ernestine K. Middleton, Vice-Chairman. The ARTS AND HUMANITIES COMMISSION is
the appointed commission through which the grants of the City are distributed
to the various art groups. Last year, grants were AWARDED to four different
dance groups, four cultural presentations, five instrumental music groups,
three non-instrumental music groups, one visual arts group and three multiple
discipline groups. The ARTS AND HUMANITIES COMMISSION also administered the
Laszlo Aranyi design awards, which are given on a biannual basis to architect
and landscape projects in the City. The Cornmission is in the process now of
forwarding applications to various developers, contractors and architects in
the City.
The Percent for the Arts Program is also administered by the ARTS AND
HUMANITIES COMMISSION. The last projects accomplished have been the Pavilion
and the Central Library. Through efforts with the Cultural Alliance, the
Commission assists in the coordination of regional art groups. Presently a long
range strategic plan is being developed.
As appointments of several members will be expiring and there is presently no
minority representation, the Commission recommends the appointment of
minorities.
The Virginia Beach Symphony is requesting identical funding as the Virginia
Beach Pops. Dr. Sachs advised the Commission is endeavoring, because the
Virginia Beach Symphony is unionized, to have the Pops and Symphony hire a core
group of musicians. This is a group of forty to sixty musicians who will derive
their livelihood solely from performing either for the Virginia Beach Symphony
or Virginia Beach Pops. The Commission is attempting to work out the
duplication of services. The Commission wishes to have only one superior
Virginia Beach Symphony and only one superior Virginia Beach Pops. The
Commission does not operate a Symphony nor does it run an orchestral
association. The Commission wishes the Symphony and Pops, in joint discussions,
will be able to solve their problems and provide services to the City.
Maggie Danshaw advised the City of Norfolk has different criteria for their
concerts. The budget is considerably smaller.
Patricia Phillips, Director of Research and Strategic Analysis, will provide a
report of the City of Norfolk's appropriations as compared to those of the City
of Virginia Beach relative the Virginia Beach Symphony and Virginia Beach Pops.
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C I T Y M A N A G E R 'S P R E S E N T A T I 0 N
HOME OCCUPATIONS
10:48 A.M.
ITEM # 32752
Willim M. Macali, Assistant City Attorney for Planning and Zoning, advised
prior to June of 1982, activities carried on for profit in a dwelling in most
residential zoning districts required a conditional use permit. That all-
encompassing approach did not differentiate between types of activities or the
potential effect to those activities upon the neighborhood in which they were
located. No mechanism, however, existed to enable the obviously harmless use to
be conducted as a matter of right or to "sort out" the potentially injurious
use from its innocuous counterpart. While the pervasive regulatory scheme
existing prior to 1982 accomplished its aim of protecting the tranquility of
residential neighborhoods and preventing their commercialization, it had the
drawback of subjecting a considerable number of people to expense, effort and
delay for no good reason. The City Council, on June 28, 1982, adopted a new
scheme of regulation combining the best features of each approach and, in
essence, balancing the critical need for keeping at hand a means for
maintaining control over the residential character of the City's neighborhoods
against the desirability of eliminating unwarranted regulation in cases in
which a home activity posed no detriment to the neighborhood. The regulations
adopted on that date remain unchanged at this time.
Three classes of home activities were created:
Activities Permitted As Accessory Uses
Activities Permitted by Conditional Use Permit
(Home Occupations)
Activities prohibited in residential zoning
districts by reason of the likelihood of their
adversely affecting the neighborhood; i.e, nursing
and convalescent homes, tourist homes, massage
parlors, automobile repair shops and radio or
television repair shops.
Activities Permitted as Accessory Uses
1. The activity must be customarily accessory and clearly
incidental and subordinate to the principal use, if not,
it may still qualify for a Conditional Use Permit.
2. Cannot be detectable from the outside of the premises.
3. No traffic other than normal for the neighborhood.
4. Parking must be on-site and not in required front yard.
5. Must be the bona fide residence of principal practitioner,
and only immediate family members may participate in
activities.
6. The activity may be conducted only in principal structure
7. No sales to the general public of products or merchandise
from home.
8. Designed to permit only one customer at a time.
9. Requirements found in CZO Section 501(b).
- 4 -
C I T Y M A N A G E R IS P R E S E N T A T I 0 N
HOME OCCUPATIONS
ITEM # 32752 (Continued)
Activities Permitted by Conditlonal Use Permit (Home Occupations)
1. Need not be customarily accessible to residential use.
2. Limited In area to twenty percent of the floor area of
dwelling and accessory structure.
3. Not limited to principal structure; may be conducted in
accessory structures on the same lot.
4. One person outside of Immediate family may be employed.
5. Special conditions not set forth in CZO may be Imposed as
part of the use permit process.
It is the recommendation of the City Staff that the City's regulations
concerning home activities remain unchanged.
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FY 1990 - 1991 OPERATING BUDGET
RECONCILIATION WORKSHOP
11:18 A.M.
ITEM # 32753
Mayor Oberndorf referenced the freeze in the Federal allocation for the SEVAMP
program. The weekly hours for one of the two SEVAMP nurses was reduced from 30
to 16. Mayor Oberndorf believed this an absolute necessity to procure the funds
necessary for the reinstatement of these fourteen hours per week.
E. Dean Block, Assistant City Manager for Analysis and Evaluation, advised an
ttnallocated contingency of 5% or $19,060 was retained in the Grant Budget for
use at the discretion of City Council.
Councilman Balko inquired relative the impact of waiving recreation fees for
active duty Volunteer Emergency Medical Technicians. This is a small price to
pay.
Vice Mayor Fentress referenced the Life Saving Museum's request for a Grant of
$15,000. E. Dean Block advised, if the City Council, should desire to consider
this matter as a separate item and if the Museum was amendable, it might be
advisable to consider this as a one-time need which could be addressed by a
repayable grant. This would not effect the budget. If it were to be a Grant,
then it would effect the Budget. Councilman Sessoms believed it could come from
the unallocated contingency of $19,060 in the Grant Budget. Vice Mayor Fentress
inquired if the request of the Life Saving Museum could be cut in 'half
($7,500) and be derived from the Grant Contingency.
Councilman Heischober requested the two law clerks for the Circuit Court be
considered. Instead of increasing the Health Care of Employees from $90 to $100
a month or $1200 a year, the City increase their Health Care contribution to
$1400. Councilman Heischober advised on the Revenue side there is $7.3-MILLION
in the unappropriated fund balance. On page S-2, of the Budget, Capital
Projects in the amount of $26.7-MILLION are listed. Councilman Heischober was
not aware of the portion of these funds devoted to roads. Councilman Heischober
asked if the $16-MILLION of road bonds have been authorized and not utilized.
Councilman Heischober would like to substitute some portion of that
authorization, hopefully enough to satisfy the $7.3-MILLION in the
unappropriated fund balance, the Health Care Increase and the additional Law
Clerks
Councilman Moss advised as taxes were raised in the amount of 5cts for the
referendum specifically for roads and Capital Improvements, not Operating
Budget, the method of financing the operating expense with operating revenues
be depicted. Except for schools, there have been no proven tax increases for
the Operating Budget. If the City is going to divert taxes that were raised for
capital purposes for operating expenses, the public should be aware of same.
Councilman Moss inquired how these funds were raised vs the purpose for which
the taxes were raised.
Councilwoman Henley asked, if the City is going to remove "pay-as-you-go" as
part of the package of increase and the next Bond Referendum which supposedly
has already been funded, what is the difference? How much would the taxes have
to be raised to have only covered the Referendum Projects, which were in the
first Referendum, and the amount of "pay-as-you-go" which has already been
spent? Councilwoman Henley also requested the delineation of the projects which
could not be funded as a result of this action.
E. Dean Block, Assistant City Manager for Analysis and Evaluation, advised once
debt service is substituted for "pay-as-you-go", the nature of the Capital
Improvement Program is changed in future years. All the impacts will be
outlined and information provided.
- 6 -
FY 1990 - 1991 OPERATING BUDGET
RECONCILIATION WORKSHOP
ITEM # 32753 (Continued)
Councilman Moss believed the City Manager should provide three different
scenarios of service level reductions or different cost reduction proposals
which would equate to $7.3-MILLION. Councilman Moss believed the integrity of
both proposals should be maintained and the $7.3-MILLION should be found within
the FY 1990-1991 OPERATING BUDGET.
Councilwoman Henley advised the General Assembly adopted enabling authority for
a locality to reduce taxation of Recreational Vehicles comparable to boats. The
Commissioner of Revenue has estimated there are approximately 550 so-called
motor homes. When and if there is a different tax rate for motor homes, there
might be individuals debating the definition of motor homes and this number
would be larger.
Councilman Moss advised he had requested the City Attorney DRAFT an Ordinance
which would implement the policy. Individuals cannot park their Recreational
Vehicle in the same manner they park their car.
Councilwoman Parker advised the General Assembly increased the income level to
$30,000 with assets of $75,000 remaining unchanged relative eligibility for tax
relief for the elderly and disabled. Councilwoman Parker requested the City
move as quickly as possible to this maximum figure of $30,000.
Councilwoman Henley believed more people would be assisted if the net worth
were increased.
Councilman Baum referenced the Land Use Taxes and the mistakes in connection
with same. Jerald D. Banagan, Real Estate Assessor, advised he did not have
the annual net income figures per acre for the past several years but the State
Land Evaluation Advisory Council is using their composite for the five years at
$107 per acre. SLEAC yearly determines suggested land use values for each
jurisdiction based upon the income producing capability of agricultural and
forest land. Councilman Baum wished SCHEDULED for the City Council Agenda of
May 21, 1990, direction to the City AsseSSor relative this matter. The taxes
have more than doubled since July.
The City Attorney will provide an opinion relative areas under stress from
rising assessments and whether the City Council can legally act or if enabling
legislation is necessary.
The City Manager referenced the Ordinance to AMEND and REORDAIN Section 31-61
of the Code of the City of Virginia Beach, Virginia, re charge for depositing
solid waste at City refuse disposal areas. (See Item VTII-G.l. of Ordinances
under FY 1990-1991 OPERATING BUDGET.) The City Manager distributed a revised
ordinance. There was a minor error.
Mayor Oberndorf distributed copies of a Resolution in connection with the
authorization of the issuance of General Obligation Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of $8-MILLION for road, highway
and bridge purposes (ADOPTED December 12, 1988). This Resolution would have to
be REPEALED before a decision on the use of the $8-MILLION could be made.
- 7 -
LABOR DAY COMMUNITY COORDINATION COW4ITTEE
12:30 P.M.
ITEM # 32754
Mr. Andrew Fine, Co-Chair, Labor Day Community Coordination Committee,
introduced Mr. Bert Harrison, who has been working with the SECURITY and
LO(3ISTICS SUBCOMMITTEE to present the detailed traffic plan of Atlantic and
Pacific Avenue.
Bert Harrison, advised his view of Laborfest was an economic problem with major
long term financial implications and has devoted since October approximately
fifty percent of his time to pursue a solution. The only way of handling a huge
crowd is removing the automobile from the equation. Bert Harrison believed this
to be the most serious financial problem to be faced by this City and will
require hard political and nonpolitical decisions.
Mayor Oberndorf requested the Presentation relative Satellite Parking be made
during the Formal Session for the benefit of the newly elected Council Members
and the general public. Mayor Oberndorf advised her office received 156 letters
on Friday, Mayor 4, 1990, from Members of the Redmill Homeowners Association
advising of their anxieties and opposition. One of the most polite letters was
received from a businessman, Harry Reynolds. Mayor Oberndorf advised copies of
this letter will be forwarded to members of the Labor Day Community
Coordination Committee. His comments reflect the general public's opinion. The
general public believes they are being forced into a situation by a Council
that is insensitive to their needs and the Council election was a reflection of
the desire for the issues affecting Laborfest to be reexamined. Mayor Oberndorf
requested the opinions of the newly elected Council Members. The City needs a
positive atmosphere to succeed.
Dr. Harrison Wilson, Co-Chair, Labor Day Community Coordination Committee,
advised the bottom line was time. The newly elected Council Members will not
assume office until July First. If this plan of welcome were abandoned, Dr.
Wilson advised the psychological impact which would reflect an area not
interested in minorities visiting Virginia Beach. College students around this
Country will rally but not in the best interest of the City.
Mayor Oberndorf acknowledged the hard work of the Labor Day Community
Coordination Committee and inquired whether the Committee had met with the
newly elected Council Members to ascertain their opinions and suggestions.
Bert Harrison advised a meeting and BRIEFING is planned with the new Council
Members.
Councilwoman McClanan advised the adjacent Redwing homeowners are still very
concerned and would like to see the site of the activity moved as they had not
been hearing answers to satisfy their concerns. Councilwoman McClanan
referenced the Code Amendment ADOPTED on April 27, 1981, regarding guidelines
for a Public Meeting, demonstration, address, lecture, discourse, gathering or
assemblage of one hundred and fifty persons or more within any of the parks of
the City. Councilwoman McClanan requested the criteria for choosing the site be
provided.
Mayor Oberndorf was striving for a position all Members could support to assure
a safe, sane, responsible weekend occurs. Communication with the public is
essential as well as clarification of all issues.
Linwood Branch, Co-chair of the SECURITY SUBCOMMITTEE, advised all alternative
proposals are welcome. The reality of the situation is people are coming.
Councilwoman Henley advised the concern of the LDCCC had been strictly for the
visitors and not the citizens of the City. Communication is essential. Any
further proposed action regarding Laborfest must be published on Council's
agenda, so the citizens will be able to express their opinions.
Dr. Harrison Wilson advised on Wednesday, May 9, 1990, the Labor Day Community
Coordination Committee, will be presenting their PLAN and responding to
comments from the Coalition of Civic Organizations in the City Council
Chamber.
- 8 -
LABOR DAY COMMUNITY COORDINATION COMMITTEE
ITEM # 32754 (Continued)
Councilman Heischober referenced the Resolution receiving the recommendations
of the Labor Day Co@unity Coordination Committee, subject to traffic details,
satellite parking and the utilization of Redwing Park for Labor Day activities
continuing to be examined. This Resolution was ADOPTED on April 16, 1990. The
Labor Day Community Coordination Committee was directed to report weekly to
the City Council.
Councilman Sessoms advised he is totally supportive of the LDCCC and encouraged
communication to the citizens relative the Plan.
Councilman Balko advised Dr. Harrison Wilson spoke and responded to
approximately 117 citizens relative Laborfest at his monthly LYNNHAVEN BOROUGH
ADVISORY Breakfast Meeting. Councilman Balko wished every citizen in Virginia
Beach could have heard this superlative presentation.
Councilman Moss advised the LDCCC has not convinced the general public of the
Plan.
BY CONSENSUS, the LDCCC will present their Plan during the F'ORMAL SESSION and
the Plan will also be SCHEDULED for the City Council Agenda of May 14, 1990,
for comments by the Citizens.
- 9 -
ITEM # 32755
The INF'ORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, May 7, 1990, at 1:12 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 10 -
ITEM # 32756
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Vlrginia, as amended, for the followlng purposes:
1. PERSONNEL MATTERS: Discussion, consideratton or interviews of prospective
candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
publ Ic off icers, appointees or employees pursuant to Section 2.1-344(A)
(1). To-wit: Appointments to Boards and Commissions.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publ icly held property, or of the plans for the future of
an Institution whlch could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2.1-344(A) (3). (1)
To Wit: School Site Acquisition: West Kempsville High School.
3. LEGAL MATTERS: Consultation with legal counsel or brief lngs by staff
members, consultants or attorneys, pertaining to actual or probable
I itigation, or other specif ic legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or
probable I ltigation or other specif lc legal matters are the fol lowing: (1)
Alton Lee Anders, Jr. v. Lamont Simons, et al (2) Dwight Cowell v. City of
Virginia Beach, et al.
Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 11 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 7, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, May
7, 1990, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend James E. Powell, Jr.
Charity United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 12 -
Item VIII-D.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 32757
Upon motion by Counci lman Baum, seconded by Vice Mayor Fentress, City Counci I
ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
Identified in the motion convening this Executive
Ses5ion were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
CERTIFICATION OF EXECUTIVE SESSION
WHERF,AS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The 'Virginia
Freedom of Information Act; and,
WHEREAS. Section 2.1-344.1 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, (b) only such public business matters as
were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council voted to
proceed into EXECUTIVE SESSION to consider:
1. PERSONNEL MATTERS: Discussion, consideration 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: Appointmbnts to Boards and Commissions.
2. 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 the 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).
(1) To Wit: Site Acquisition: West Kempsville High School Stadium.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants
or attorneys, pertaining to actual or probable litigation, or other specific legal
matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344
(A) (7).Actual or probable litigation or other specific legal matters are the following:
(1) Alton Lee Anders, Jr. v. Lamont Simons, et al (2) Dwight Cowell v. City of Virginia
Beach, et al.
VOTE: 11-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E. None
Fentress, Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None None
Council Members ABSENT for the Meeting:
None
-Ruth Hodgeg Smith, CMC/AAE May 7, 1990
City Clerk
- 13 -
Item VIII-E.I.
MINUTES ITEM # 32758
Upon motion by Councilwoman Parker, seconded by Vice Mayor Fentress, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of April 30,
1990:
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John L. Perry
Council Members Absent:
None
Councilman Perry ABSTAINED as he was not in attendance during the April 30,
1990 INFORMAL AND FORMAL SESSIONS.
- 14 -
Item VIII-E.2.
LABOR DAY COMMLJNITY
COORDINATION COMITTEE ITEM # 32759
ADD-ON
Mr. Andrew Fine, Co-Chair, Labor Day Community Coordination Committee,
introduced Bert Harrison, who has been working with the SECURITY and LOGISTICS
SUBCOMMITTEE, relative the detailed traffic plan of Atlantic and Pacific Avenue
and selection of Redwing Park for scheduled activities.
The only way to handle the enormous crowd would be to eliminate the automobile
for the equation. Satellite parking can accommodate approximately 16,000
automobiles for a total of 104,000 individuals. The utilization of Redwing Park
was APPROVED on April 16, 1990, and a more detailed study will be forwarded to
City Council. Norfolk State is deeply into planning the utilization of Redwing
Park.
Linwood Branch, Co-Chair of the SECURITY SUBCOMMITTEE, presented a map
depicting the closure of Atlantic and Pacific Avenue. Atlantic Avenue from
forty-second Street and south to the Loop and the Rudee Inlet Bridge, Pacific
from Thirty-first Street and south to the Rudee Inlet Bridge will be CLOSED to
vehicular traffic from Friday at 7:00 P.M. until Tuesday morning at 6:00 A.M.
Exceptions will be made to residents and their g6ests, employees, service
vehicles and hotel guests. The residential neighborhoods of Virginia Beach,
Lakewood and the areas from Arctic, Baltic, Mediterranean and back to Cyprus
Avenues would be areas of "no parking". The LDCCC proposes the diversion of
traffic to the satellite parking areas. This will be accomplished by
preliminary information to the potential guests. Signage on Route 44 will
notify motorists of designated satellite parking. Mr. Branch advised in order
not to have a "bottle neck" situation to divert the traffic far enough out,
preferably Birdneck Road, so the traffic coming on Seventeenth Street, Norfolk
Avenue, et cetera can simply make a right turn on Birdneck to Seventeenth
Street and another right to Oceana Boulevard where the satellite parking will
be available. The LDCCC is investigating the possibility of utilizing Fort
Story as a site for satellite parking with 1500 spaces available.
Linwood Branch advised people "are coming" and a positive and securable event
is necessary. Mr. Branch presented a matrix depicting the utilization of
Redwing Park for certain activities. The first site considered was the McDonald
property, a vacant field at Twentieth Street and Arctic Avenue. This area was
too small and cut through by irrigation ditches. There are no natural
boundaries making paid admission an impossibility. It was difficult to secure.
Another consideration was the Pavilion Parking Lot. This was also too small
with no natural boundaries and the crowd would overflow into the residential
areas. As Camp Pendleton is close to the beach, participants in Laborfest would
walk through neighborhoods to get there (Croatan and Birdneck Lakes). Camp
Pendleton will probably provide housing for the police that weekend which would
provide an interesting mixture. A military base will project a negative image
to the students. Camp Pendleton has not been offered by the State. Mount
Trashmore is a logistical nightmare for TRT. Paid admission there is difficult.
1989 taught the Committee if the event is moved too far from the oceanfront, it
is not attended. Redwing Park is a 3-1/2 minute drive from the resort strip and
has only one entrance off General Booth Boulevard. Therefore, an admission can
be charged and the number of attendees can be regulated. The Park is surrounded
by trees and fields on both sides. The residential neighborhoods of Birdneck
Lake and Upton lie over a mile to the north and 1/2 mile to the south
respectively. The Park is 27 acres of grassy area with a natural staging area.
There will be a limited number of tickets sold to prevent overcrowding.
Lighting, internal security and other costs will be born by Norfolk State
University. Perimeter security, including the neighborhood entrances and along
the General Booth Corridor, will be provided by the Virginia Beach Police
Department. Trolleys will transport ticketed participants from the oceanfront
and Satellite areas directly into the park and later exit from inside the Park.
1 5
Item VIII-E.2.
LABOR DAY COMMUNITY
COORDINATION COMMITTEE ITEM # 32759 (Continued)
ADD-ON
Dr. Harrison Wilson, Co-Chair - Labor Day Community Coordination Committee,
advised on Wednesday, May 9, 1990, the Labor Day Community Coordination
Committee, wil I be presenting their PLAN and responding to comments from the
Coalition of Civic Organizations in the City Council Chamber.
Dr. Wilson advised Norfolk State will be responsible for the fencing and
temporary lighting of Redwing Park. The crowd at Redwing Park will not consist
of over 30,000 individuals. Other than for support services, tax payer's money
is not being spent on Laborfest.
Mr. Branch advised the perimeter security areas with a 24-hour shift wil I
requlre approximately 125 to 130 police officers. City Staff has offered
assistance with approximatley eighty or ninety personnel. Individuals wil I be
working 12-hour shifts.
The Brochures were printed at city expense. All of these funds are planned to
be reimbursed by the private sector.
The Plan wil I be SCHEDULED for the City Council Agenda of May 14, 1990, for
remarks of the Citizens.
E. George Minns, President of the NAACP and Member of the Labor Day Community
Coordination Commlttee, advised he was most appreciation of ail the endeavors
in behalf of Lat>orfest. Mr. Minns stated there should be clear procedural
guidelines for the decision maklng process of the Committee. All members of the
Committee should be aware of the decisions of the Committee. This has not been
the case. Mr. Minns was in support of activities at Redwing Park during the day
but not concerts after dark.
- 16 -
Item VIII-F.1
FY 1990-1991 OPERATING BUDGET ITEM # 32760
Mayor Oberndorf DECLARED a PUBLIC HEARING:
FY 1990-1991 OPERATING BUDGET
The following registered to speak:
Eileen Ayvazian, 216 Bay Colony Drive, Phone: 428-5459, representing SEVAMP,
advised because of a freeze in the Federal allocation, the work week of her
co-worker, Miss Anne Herrick, was going to be curtailed from 30 hours to 16
hours per week. Miss Harris does put in forty-five and fifty hours per week
on her particular work load. In the month of March, Miss Harris made 280 house
calls and drives 900 to 1,000 miles a month.
Robert Engesser, 5290 Vestry Drive, Phone: 499-3157. Mr. Engesser submitted two
documents to the Mayor reference complaints filed with Internal Affairs on
February 2, 1990. Mr. Engesser spoke in OPPOSITION to the Budget, as proposed.
Madeline Nevala, 205 34th Street, Phone: 425-1469, Member of the Board of
Directors of SEVAMP, Mayor's Committee on Aging, Past President of AARP, and
Columnist for the Senior Citizen Gazette. Miss Nevala advised the request of
SEVAMP was the allocation of $1.10 per person over 60 years of age. Social
Services is overworked and understaffed.
Ronald Morrison, 1105 Brattleboro Arch, Phone: 490-3141, spoke relative the
deterioration of the real estate tax base. The Assessor has projected an
increase in the Real Estate Tax Assessment of 5.1% in fiscal 1991. An increase
of 5.1% will be the lowest increase in 11 years. Mr. Morrison was concerned
the real estate assessment will decrease instead of increase in 1991. Mr.
Morrison was concerned there will be a decrease of 10 plus percent in 1991 and
the assessed evaluation on which next year's Budget is based will be
overstated by $1.5 to $3-BILLION. These concerns are based on the Wetlands
Study by Southeastern Virginia Planning District Commission and the estimated
cleanup of asbestos materials and other hazardous wastes in residential homes,
general commercial, hotels, offices, industrial and multi-family properties
built prior to 1978 .
Rae H. LeSesne, 5325 Thornberg Lane, Phone: 497-8008, President of the Citizens
Action Coalition, advised he continued to consider the City's Budget as a
deficit Budget. Mr. LeSesne supported, as always, the City Council's pay-as-
you-go plan for needed projects. Mr. LeSesne was OPPOSED to using funds
raised by the Referendums for other purposes.
Mayor Oberndorf advised Eileen Ayvazian, the City would provide the funding
necessary for the SEVAMP program to reinstate the 14 weekly hours of her co-
worker, Anne Herrick.
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
May 7, 1990
- 17-
Item VIII-G.la.
ORDINANCES
FY 1990-1991 OPERATING BUDGET
ITF~M # 32761
A MOTION was made by Councilman Heischober, seconded by Vice Mayor Fentress, to
APPROVE upon FIRST READING, Ordinance making APPROPRIATIONS for the Fiscal Year
beginning July 1, 1990 and ending June 30, 1991, in the sum of Six Hundred
Forty-five Million, Nine Hundred Thirty-two Thousand, Six Hundred Twenty-four
Dollars ($645,932,624) for operations and Two Hundred Forty-seven Million, Two
Hundred Eighty-three Thousand, Five Hundred Six Dollars ($247,283,506) in
interfund transfers and regulating the payment of money out of the City
Treasury, as amended.
Upon SUBSTITUTE MOTION by Vice Mayor Fentress, seconded by Councilman Baum,
City Council APPROVED upon FIRST READING:
Ordinance making APPROPRIATIONS for the Fiscal Year
beginning July 1, 1990 and ending June 30, 1991, in
the sum of Six Hundred Forty-five Million, Nine
Hundred Thirty-two Thousand, Six Hundred Twenty-
four Dollars ($645,932,624) for operations and Two
Hundred Forty-seven Million, Two Hundred Eighty-
three Thousand, Five Hundred Six Dollars
($247,283,506) in interfund transfers and
regulating the payment of money out of the City
Treasury, as amended.
Ordinances a-k were APPROVED in ONE MOTION.
City Council will consider the following items individually during the SECOND
READING after a Second Reconciliation Workshop during the City Council Sessions
of May 14, 1990:
1he addition of two law clerks for the Circuit Court
The City will reinstate the 14 weekly hours of one of the SEVAMP
nurses at a cost of $9,332. Due to a freeze in the Federal allocation
for the SEVAMP program, the hours for one of the nurses was reduced
from 30 to 16 per week.
Increase the City's Health Care contribution for their employees to
$14oo.
The Life Saving Museum will receive $7,500 derived from the
contingency in the Grant Budget.
$50,000 Allocation to the Sugar Plum Bakery.
The Cultural Alliance had requested a regional donation of $5,000 for
the film office.
The $100,000 allocated for the Health Department, contingent upon
state funding, will be available for the City Council to reallocate
prior to July First, to extend their services if State funds were not
forthcoming.
The General Assembly has increased the income level to $30,000 with
assets of $75,000 remaining unchanged relative eligibility for tax
relief for the elderly and disabled. The City will consider amending
the Code to the maximum figure of $30,000.
Waiving recreation fees for active duty Volunteer Emergency Medical
Technicians.
May 7, 1990
- 18 -
Item VIII-G.1a.
ORDINANCES
FY 1990-1991 OPERATING BUDGET ITEM # 32761 (Continued)
Councilman Heischober advised he did not believe In deficit financing and hoped
the revenues could be Increased or expenses decreased by $7.3-MILLION. if the
$8-MILLION or $16-MILLION road bonds available are to be used,they are only to
be used in lieu of any capital projects that are also road projects and not for
any other purpose. Councilman Heischober requested the City Staff investigate
the debt reserve at 87-1/2%. Perhaps a cornpromise could be made among all those
items.
Councilman Perry requested a report relative the utilization of the funds, the
specific target areas Involved and the cost of administration pertaining to
Housing and Neighborhood Preservation and Cornmunity Development.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan*, John D. Moss**, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilwoman McClanan VERBALLY ABSTAINED on the Educatlon portion of the
Budget until responses are received relative the curriculum changes and the
outline of the credentials of the consultant being utilized to develop the
curriculum changes.
**Councilman Moss registered a VERBAL NAY relative the motor homes portion only
of the Ordinance, upon FIRST READING, establishlng the tax levy on personal
property and machinery and tools for the Calendar Year 1991. Councilman Moss
advlsed he will introduce an Ordinance to tax motor hornes at the same rate as
boats which will be SCHEDULED for the City Council Sessions of May 14, 1990.
***Councilman Moss DECLARED pursuant to Section 2.1-639.14G of the Code of
Virginia, although his wife Is a teacher with the Virginia Beach School System,
he Is able to review, make recommendations and approve or deny a budget
regarding the School Board fairly, objectively and in the best public interest.
Councilman Moss's letter of March 30, 1990, is hereby made a part of the
proceedings.
JOHN D. MOSS 4021 GLEN ROAD
COUNC4LMAN VIRGINLA BEACK VIRGLNIA @
KEMPSIALLE BOROUGH (W4) 4MMIS
March 30, 1990
mrs. Ruth Hodges Smith, CMC/AAE
city. clerk's office
municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), code of
virginia
Dear Mrs. Smith:
pursuant to the Virginia Conflict of Interests Act, Section
2.1-639.14(G), Code of Virginia, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is any ordinance or resolution concerning the
Virginia Beach Public School Board budget f or f iscal year
1990-91 and/or any other ordinances or resolutions which
pertain to the Virginia Beach Public School Board'budget.
2. The nature of my personal interest is that my Wife
receives a salary i@n excess of $10,000 from the Virginia
Beach Public Schools.
3. My wife and I are members of a group, as defined in 52.1-
63 9. 11 (A) (2) , which may be af f ected by the ordinances or
resolutions relating to the Virginia Beach Public School
Board budget for.fiscal year 1990-91.
4. I am able to participate in the above-referenced
transactions fairly, objectively, and in the public
interest.
Accordingly, I respectfully request that y(?u record this
declaration in the official records of the City Council. I have
enclosed an opinion letter from Leslie L. Lilley, City -Attorney,
which addresses.this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
jDm/awj
Enclosure
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
2 YEAR BEGINNING JULY 1, 1990 AND ENDING JUNE 30,1991,
3 IN THE SUM OF SIX HUNDRED FORTY-FIVE MILLION, NINE
4 HUNDRED THIRTY-TWO THOUSAND, SIX HUNDRED TWENTY-FOUR
5 DOLLARS ($645,932,624) FOR OPERATIONS AND TWO HUNDRED
6 FORTY-SEVEN MILLION, TWO HUNDRED EIGHTY-THREE THOUSAND,
7 FIVE HUNDRED SIX DOLLARS ($247,283,506) IN INTERFUND
8 TRANSFERS AND REGULATING THE P,@YMENT OF MONEY OUT OF
9 THE CITY TREASURY, AS AMENDED.
10 WHEREAS, the Cfty Manager has heretofore subm@ to the Council an Annual Budget for the
I I city for the fisr-al year beginning July 1, 1990, and ending June 30, 1991, and ft is necessary to
12 appropriate sufficient funds to cover said budget.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA:
15 Section 1. That the amounts named aggregating EIGHT HUNDRED NINETY-THREE MILLION,
16 TWO HUNDRED SIXTEEN THOUSAND, ONE HUNDRED THIRTY DOLLARS ($893,216,130) consisting of
17 TWO HUNDRED FORTY-SEVEN MILLION, TWO HUNDRED EIGHTY-THREE THOUSAND, FIVE
18 HUNDRED SIX DOLLARS ($247,283,506) in interfund transfers and SIX HUNDRED FORTY-FIVE
19 MILLION, NINE HUNDRED THIRTY-TWO THOUSAND, SIX HUNDRED TWENTY-FOUR DOLLARS
20 ($645,932,624) for operations or so much thereof as may be necessary as set forth in the Annual Budget
21 for the fiscal year 1990-1991, are hereby appropriated subject to the conditions hereafter set forth, for the
22 year 1990-1991, for the use of the several departments and specially designated funds of the city
23 government, and for the purpose hereafter mentioned, as set forth in said Annual Budget, which is
24 hereby incorporated by reference, for the fiscal year beginning July 1, 1990 and ending June 30, 1991 as
25 follows:
item of Expe @ @.
GENEP,AL FUKD
LEGISLATIVE DEPARTMENT:
01010 Municip.1 C.uncil 338,981
01011 City Cl.@k 32 6 , 20 3
T.t.1 $ 665,184
EXECUTIVE DEPARTMENT:
02010 City M.n.g.@ $ 781,844
02011 Public Inf.@.ati.. Offic. - AdMi-istrati.. 412,631
02015 P.bli@ Infor.@tio. offic@ - M.nicipal Video P@oducti.n 207,446
02016 Public Inf.r.ation Office - m.dia Service$ 202,494
Total $ 1,604,415
LAW DEPARTMENT:
03010 City Att.@n.y s 1,638,709
FINANCE DEPARTMENT:
04001 Co-i..ion.r of th. Reven.. $ 2,399,701
04011 B..rd f Eq..li..ti.n 15,143
04012 City R..l E.t.t. As .... or 1,387,604
04020 Trea6.r.r 2,690,115
Dir.ctor of Fin.nc.:
04030 Admini.tr@tion 496,314
04033 Co.ptr.11@r-. offic. 1,322,338
04034 Payroll 346,398
04035 B..i.... Lic.... A.dit 412,376
04037 Int.rn.1 Audit 212,118
04051 i.d.p..dent Fin.n@ial S.@vices 80,000
04040 P.rch..i.g 575,809
T.t@l $ 9,937,916
PERSONNEL DEPARTMENT:
05001 Ad.ini.t@.ti.. $ 305,739
05002 E.Ploy.@ Rel.tion. 278,878
05003 T.sting nd S.1e@ti.n 369,590
05004 Co.p..satio. Ad.i.i6tr.tion 373,320
05005 T@aining nd D.vel.p ... t 274,101
05006 Ben.fit. Ad.i.i.t@.ti.. 107,132
05007 EEO/AA C.o@di..tio. 65,963
Tot.1 $ 1,774,743
JUDICIAL DEPARTMENT:
Co.@t. ..d Public D@f..der:
06011 Circuit C..rt 321,941
06016 G.neral Di.trict Co@rt 42,634
06017 J ... nile a.d Do.@StiC R.l.tions Di.trict C..rt 32,790
06018 P.blic Defend.@ 40,000
06019 M.dic@l Ex..i..r 9,122
06041 Clerk f th. Ci@cuit Co.rt 426,736
06134 M.gi.tr.te. 17,968
C ... on@e.Ith'. Attorn.y:
06020 C...o.... lth'. Attorn.y 1,648,512
06021 C...... e.lth-5 Attorn.y W.1f.re Fra@d 76,846
06022 C...... r Pr.t.cti.. 224,378
Sh.riff and Cor@ectio..:
06032 Sh.riff-. Office 946,870
06033 C..@t S.pp.rt Servic.. 470,137
06034 Cor,ectio..l Op.r.tion. 5,616,890
06035 W.rk Rele..e F.cility 687,159
06210 J.v.nile Prob.tion 779,109
T.tal $ 11,,341,092
HEALTH DEPARTMENT:
07011 Pr.v..ti@. M.dicin. $ 1,728,809
07013 Occupation.1 H..lth 336,782
07014 Contr.ct..l Health Se@vices 431,775
Tot.1 $ 2,497,366
SOCIAL SERVICES DEPARTMENT:
08010 Dir.ct.r of S.@i.1 S.rvice. $ 9,385,767
00020 Public A..i.t..c. 5,444,550
08030 HoSpitali..ti.n 168,750
Tot.1 $ 14,999,067
POLICE DEPARTMENT:
Administration:
09010 Police Chi.f'. Staff $ 2,550,457
09014 Planning and Analy.is 417,403
09015 P.rsonnel and Tr.i.ing 1,705,578
09017 S.rvices 2,367,993
U.if.@. Divi.i..:
09011 Auxili.ry P.lic. 97,843
09020 U.iform Patrol 24,203,025
09027 C..mu.ic.ti.n. Divi.i.n 3,277,224
Bu et
ite. 6t txp4hdit4@e .199 @,,i
GENERAL FUND
POLICE DEPARTMENT: (@..@l.d.d)
09028 I.,.etig.ti@. Di@i.i.. s 3,293,624
09112 A.imal Cont@ol 1,055,839
T.tal $ 38,969,066
PUBLIC WORKS DEPARTMENT:
Adminietration:
10010 Directo@'. Offi.. @ 263,579
10011 R.al Estate Office 446,650
10012 Bu.ine6s Office 140,954
High.ay Divi.i..:
10110 Admini6tration 1,283,361
10111 I..p.ction. 1,029,883
10112 Dr.dg. Op.@.ti.n. 1,354,987
10113 Str..t M.i.t .... 6,815,118
10114 D@.i..g. m.i.t.n.nce 2,523,377
10115 Bridg. M.int.nance 721,590
10116 Mosquito C..tr.1 1,551,424
Engi ... ri.g Divi.ion:
10210 Ad.i.i.tr.ti.. 429,068
10211 Pla. R.@i.@ 343,164
10212 S.rv.y. 862,486
10213 M.pping 893,808
10214 Drafting 372,089
10215 W.t.rfr..t Op.r.tions/Inspections 247,497
Traffic Engi ... @i.g Divi.i.n:
10250 Administr.ti.. 470,403
10251 Sign.1 Op.r.ti.n. 881,858
10252 Sig.. ..d M.rkings 1,253,090
10253 D..ig. nd Plan Re@i@. 4,692,447
Waste M.n.g .... t Divi.ion:
10310 W..t. M.n.g ... nt Ad.ini.t@@ti.n 359,348
10311 Bureau of W..t. Di.p ... 1 6,579,141
10312 B.re.. f Waste Collection 10,044,040
10313 Wa.te M.n.g ... nt I..p.@i.n. 322,393
T.t.1 43,881,755
PARKS AND RECREATION DEPARTMENT:
11010 Dir.ct.r f P.@k. ..d Re-..ti.. 559,658
P-k. nd M.int..@...
11011 Ad.ii.tr.ti.. 242,917
11012 C.n.truction and M@int@ ... 2,846,079
11022 P.rk6 nd Beaches 1,693,726
Rec@e.ti.n:
11035 O@l Cr.ek Municipal Tennis Center 25,540
11070 Vi@gini. B..ch co.munity Center - Kemp.vill. 1,224,830
11071 Bo. Cr.@k C.... nity C.nter 625,083
11072 S..t.ck C .... nity Ce.t.r 79,124
11073 Great N.ck C ..... ity C.nt.r 1,251,772
11074 13.yeide C ... unity C.nt.r 79,986
11080 Ad.ini.tr.ti.n 518,751
11061 Adult Acti,iti.. 435,312
11082 Y..th A@tiviti.. 351,360
11083 Athletics 554,93@5
11085 Ther.p..tic Pr.gr.. 484,053
1 1 0 8 6P.rk. nd R.cr..tion Progra.. - Self-Supp.rti.g 4 1 , 7 8 3
11087 Day C.r. Pr.gr.m - Self-Supporting 11,142
11088 Perforing Art. Unit 301,171
11089 School Bo.rd Acti@ity Center 891,077
Total $ 12,418,299
LIBRARY DEPARTMENT:
Administrati..:
12010 Administr.ti.n $ 479,366
Public S.r@ic..:
12012 Great Neck Ar.. Libr.ry 337,298
12013 B.y5ide Area Libr.ry 343,900
12014 Oce.nfr.nt Ar.. Library 340,735
12015 Ke.p.vill. Area Libr.ry 643,936
12016 Wi.d..r Wo.ds Ar@. Library 334,913
12017 P..go Area Libr.ry 83,519
12018 Exten.i.n Services 246,292
12019 Spe.ial S.rvices 203,255
12023 Centr.1 Library 1,668,220
12026 Municip.1 Reference 138,384
S.pp.rt Service.:
12020 Cataloging nd Processing 629,628
12024 Automated services 360,370
12025 C.Ilection Ma..ge.ent 1,991,978
Total 7,801,794
Budoet
it@. 6t @editur. ig o i99i
GENERAL FUND
PLANNING DEPARTMENT:
13010 management and S.pp.rt 678,622
13011 Compreh ... ive Planning 356,892
13012 Op.r.tions 603,617
T.t.1 1,639,131
AGRICULTURE DEPARTMENT:
14001 Adi.i.tr.ti.n $ 184,750
14010 VPI EXtension S.rvi@.. 223,043
14110 F.r..r.' Mark.t 232,542
14120 En,ir...e.t.1 Ser@ices 69,073
T.t.1 729,408
DEPARTMENT OF ECONOMIC DEVELOPMENT:
15010 Dir.ct.r f Ec..OmiC Development 1,053,920
DEPARTMENT OF GENERAL SERVICES:
Ad.inistration:
16010 Dir.ct.r f G ... r.1 S.@vices $ 206,769
16011 Employee S.fety 218,958
16012 Fr.nci. L.nd H.... 94,744
16014 Records and Mi@r.g@.phi@. 389,812
Building M.i.t.n.nc.:
16020 M...g ... nt nd S.pp.@t 5,100,156
16021 Electrical 542,489
16022 H..t ..d Air C..diti..i.g 926,754
16023 G ... r.1 M@i.t..@nc. 2,256,691
16024 Cstodial 2,578,774
L..d.c.p. Divi.i.n:
16031 Administr.ti.. 580,810
16032 G@ ... d. M.i.t..anc. 2,742,818
16033 Beautification 1,654,509
16034 Cl.a. C..mu.ity 55,298
16035 B..@h M.int.nan@. 468,241
16036 street cleaning 220,111
16040 Mail Di.tributi.. 230,928
Total 18,267,942
BOARDS AND COMMISSIONS:
17010 G ... r.1 R.gi.tr.r 491,124
17110 Zoning Board of Appeals 25,277
17120 Arts ..d Hu..nitie. Co..i.si.. 398,518
17130 M... Tr.n.it Op.r.ti.n. 907,000
17140 Wetl.nd. B..rd f Virgi.i. B..ch 14,604
17150 Depart.ent vol..te.r C.uncil 32,549
17170 T.i.t C.bl. C..t.r 226,850
Total $ 2,095,922
NON-DEPARTMENTAL:
18010 community organiz.ti.n I.@..tiv. Gr.nts $ 378,592
18020 Employee Special Benefits 394,150
18030 R.venue Re@ur ... ents 605,475
18040 R.gio..l P.rti@ip.ti.n 611,431
Total 1,989,668
FIRE DEPARTMENT:
19001 Ad.iniatr.ti.n 643,522
19010 Fire Pr.ventio. 1,388,,103
19020 Fire Suppre.si.n 16,809,599
19021 Fire Tr.ini.g 512,591
19024 Fore.try 14,373
19030 E.ergency Management 129,860
Total 19,498,040
DEPARTMENT OF DATA PROCESSING:
21001 Administration $ 623,341
21004 Systems and Progr ... i.g 1,413,974
21007 Computer Operations 1,479,137
21008 T.chni@.1 S.rvi@e. and Di.tribution 168,053
21009 Systems Engi ... ring S.pp.rt 687,977
Total $ 4,372,482
DEPARTMENT OF PERMITS AND INSPECTIONS:
22010 Ad.ini.trati.. 609,736
22013 Building Inspectio.. 1,098,794
22014 Zo.i.g C.de Enforce..nt 429,672
22015 Weight. and M.asures 132,771
Total 2,270,973
B. t
199 le99
GENERAL FUND
OFFICES:
2 6 0 1 0EMS/Ad.inistration 335,453
26020 EMS/Op.r.tio.. 476,418
26030 EMS/T@aining 359,406
28010 Offic. of R .... rch nd Str*tegic Analy.i. 518,848
29010 Offic. of Budg.t &.d Evalu.tion 776,775
30010 Resort Progr... Office 585,710
31010 Offi@e of Enviro ... ntal Manage..nt 170,456
32010 Develop.ent S.rvice. Cent.r 506,505
33010 Offi@e of Interg.vernm.nt.1 R.I.tio.. 118,278
T.t.1 $ 3,847,049
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT:
39010 Admi.i.tratio. 220,073
39020 Touri.t D.vel.p.ent 3,351,696
39030 COventio. Pro.otion 578,728
39040 P.vili.n 1,369,850
39050 Civic C.nter 35,777
Tot.1 $ 5,556,124
HOUSING AND NEIGHBORHOOD PRESERVATION:
40111 Pr.perty M.i.te.anc. $ 471,599
90000 TPANSFERS TO OTHER FUNDS: $ 238,539,543
80000 RESERVE FOR CONTINGENCIES:
R.gUl@ $ 1,044,630
Sal.ry 3,600,000
S.rvic. A..rd. 286,340
Health 100,000
R.Cycling 200,000
Tot.1 $ 5,230,970
TOTAL GENERAL FUND $ 453,093,005
SCHOOL OPERATING FUND
DEPARTMENT OF EDUCATION:
50010 Instr.ction $ 230,629,989
50020 Admini.trati.., Att.ndance nd Health 11,573,806
50023 PUpil Tr.nsp.@tatio. 11,151,224
50024 Oper.ti.ns nd Maint ... nc@ 30,968,060
TOTAL EDUCATION $ 284,323,101
GRANTS CONSOLIDATED FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
40041 Se@tion 8 H..Si.g $ 125,155
80000 RESERVE FOR CONTINGENCIES:
sal.@y $ 5,451
TOTAL GRANTS CONSOLIDATED FUND $ 130,606
LAW LIBRARY FUND
LIBRARY DEPARTMENT:
12011 L.. Lib@ary $ 167,833
80000 RESERVE FOR CONTINGENCIES:
S.1a@y $ 6,000
TOTAL LAW LIBRARY FUND $ 173,833
PENDLETON CHILD SERVICE CENTER FUND
JUDICIAL DEPARTMENT:
06702 Pendl.ton Child s.rvic. Cent.r $ 949,304
80000 RESERVE FOR CONTINGENCIES
S.lary $ 21,198
TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 970,502
COMMUNITY DEVELOPMENT FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
40011 Admi.ist,atio.
40021 Ho.si.g P@og.... $ 765,512
40031 Housing 275,561
T.tal Couns.1i.g 155,772
$ 1,196,845
80000 RESERVE FOR CONTINGENCIES
S.1ary $ 25,858
90000 TRANSFER TO OTHER FUNDS $ 40,894
TOTAL COMMUNITY DEVELOPMENT FUND $ 1,263,597
COMMUNITY CORRECTIONS SPECIAL REVENUE FUND
JUDICIAL DEPARTMENT:
06826 CDI91 CO@e Service s 50,000
06827 CDI91 Ca-- M@n&g.ment 305,017
T.t.1
s 355,017
80000 RESERVE FOR CONTINGENCIES
sal.@y $ 40,000
TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND $ 395,017
MH/MR/SA FUND
DEPARTMENT OF MENTAL HEALTH:
23001 B..rd Offi@@
CO.preh.n.ive M.nt.1 H.@lth: 460,165
23101 Pr.gra. Clini@.1 S.pp.@t 324,625
23102 Old.@ Ad.It Se@,ic@. 385,011
23103 O.tp.tie.t S.@vi@..
c.munity Rehbilitlti.n 777,742
23104 696,908
23105 E..rg..@y S.rvi@,, 638,973
23106 Child ..d Y.Uth Ser,ic@. 607,360
23107 Wildw.od Cli.ic 567,511
23108 E.try and Ref@rr@l 194,772
M.nt.1 R.tard.ti.n/D.v-l.pent.1 DiSabiliti.,:
23201 Pr.gra. SUpport 499,268
23202 Re.ide.ti.1 ser,tc@. 197,621
23203 Ad.lt Servic@. 444,445
23204 Alt.rnat. D.y S@pport 273,618
23205 R..Pit. C@r. Pr.Ur.. 132,832
23206 Inf--t StiM@l.ti.n Pr.gr@@ 186,921
23206 S.pported LiVing Progr@m 299,296
Co.pr.he..Jv. Sub.tan@e Ab.se:
23301 Sub.ta.@e AbU" Service. 383,263
23302 Subst.nc. Ab@.e outp.tie.t S@rvic.. 625,536
23303 Alcohol D@t.xification 427,481
23304 I.t ... ive S@rvic@. 439,992
23305 Y.uth nd Pa-ily S.rvices 662,240
23500 Co.tract.al Ser,ic@. 1,851,919
T.t.1
$11,277,499
80000 RESERVE FOR CONTINGENCIES
S.lary $ 204,734
TOTAL MH/MR/SA FUND $11,482,233
CD RENTAL REHABILITATION GRANT FUND
COMMUNITY DEVELOPMENT:
40311 R.ntal R.habilit.tion $ 108,000
CD LOAN AND GRANT FUND
COMMUNITY DEVELOPMENT:
40211 Loan. &.d Gr@nt. $ 736,327
WATER AND SEWER FUNI)
DEPARTMENT OF PUBLIC UTILITIES:
20010 DireCtor's Office @ 394,344
20011 Enginee@ing 3,287,256
20012 Ad.ini.tr.tion a.d Fi.@nc. 384,304
20016 w.te@ Re..u@ces 399,543
20017 Wat.@ P.rch.s. 13,022,000
20030 op.rati.n. Ad.ini.tr@tio. 997,102
20031 water Diet,ibution
20032 wat.r Pump st.ti.@. 2,509,794
20041 S..er COllecti.n 1,579,819
2,340,871
et
tf.. f
WATER AND SEWER FUND
DEPARTMENT OF PUBLIC UTILITIES: (@.ncl.ded)
20042 Sew.@ P..p stati.@@ 3,321,781
20050 Cust..er Services 4,490,550
Total
$ 32,727,364
70010 REVENUE BOND DE]3T SERVICE $ 11,476,024
80000 RESERVE FOR CONTINGENCIES
R.gul@ $ 857,809
S.1a@y 624,947
Total
$ 1,482,756
90000 TRANSFER TO OTHER FUNDS $ 6,980,774
TOTAL WATER AND SEWER FUND S 52,666,918
GOLF COURSE ENTERPRISE FUND
PARKS AND RECREATION DEPARTMENT:
11030 Red wing GOlf Cour.e $ 617,226
11031 Bo. C@eek Golf C@u@.. 463,483
11032 K..P$Ville Gree.. Golf Cl,@., 461,194
Total
$ 1,541,903
80000 RESERVE FOR CONTINGENCIES:
Sal.ry $ 3 88 6 5
90000 TRANSFERS TO OTHER FUNDS $ 510,000
TOTAL GOLF COURSE ENTERPRISE FUND $ 2,090,768
MARINE SCIENCE MUSEUM ENTERPRISE FUND
OFFICES:
27010 V@gini. Mu ... M f Mari., S,i,,c, $ 1,206,600
27011 M-ine scienc. MU..UM Gift Sh.p 179,655
Tot.1
$ 1 , 3 8 6 , 2 55
80000 RESERVE FOR CONTINGENCIES $ 18,930
90000 TRANSFERS TO OTHER FUNDS $ 681,916
TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND $ 2,087,101
RESORT PARKING ENTERPRISE FUND
PUBLIC WORKS DEPARTMENT:
10254 O@..nfr.nt P.rki.g $ 81,196
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT:
39060 P.rking Lot. $ 41,182
90000 TRANSFERS TO OTHER FUNDS $ 530,379
TOTAL RESORT PARKING ENTERPRISE FUND $ 652,757
GENERAL DEBT FUND
70010 Debt Servic. $ 56,360,339
COMMUNITY DEVELOPMENT CAPITAL PROJECTS FUND
COMMUNITY DEVELOPMENT:
C--MU.ity D.V.lopm@.t $ 337,000
FIRE PROGRAMS CAPITAL PROJECTS FUND
FIRE DEPARTMENT:
Fire Pr.gram. $ 328,812
WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF PUBLIC UTILITIES:
20060 Wat.r Co.structio. $ 315,000
20060 S..er Con.truction 1,685,000
TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROTECTS FUND 2,000,000
ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND
PUBLIC WORKS DEPARTMENT:
10110 High.ay Co..t@.,tio, $ 6,415,633
COMMUNITY DEVELOPMENT:
COM-Unity DevelOpment $ 161,295
TOTAL ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND $ 6,576,928
RESORT PROGRAM CAPITAL PROJECTS FUND
OFFICES:
30010 ReS.rt Program. Office $ 4,244,989
SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF EDUCATION:
50090 School C..st@.ction s 7,690,827
PARKS AND RECREATION GENERAL REVENUE CAPTIAL PROJECTS FUND
11020 P.rk. a.d R@cr@tio. CO..tr@ctio. $ 3,490,232
BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF GENERAL SERVICES:
16010 Building C.@st,@,tio, $ 2,013,238
TOTAL BUDGET $ 893,216,.t3O
L... : I.t.rf..d T@.n.f.@S 247,283,506
NET BUDGET 645,932,624
26 Section 2. Subject to the provisions f Chapter 2, Anicle 111, of the Virginia Beach City Code, the
27 salaries and wages set fonh in detail in said Annual Budget, are hereby authorized and fixed as the
28 maximum compensation to be paid for services rendered.
29 The total of permanent posftions, shall be the niaximum number of posftions authorized for the
30 various departments of the cfty during said fiscal year except changes or additions authorized by the
31 Council and as hereinafter provided. The City Manager may from time to time increase or decrease the
32 number of temporary positions provided the aggregate amount expended for such services shall not
33 exceed the respective appropriations made therefor. With the exception of the education department,
34 the Cfty Manager is authorized to make such rearrangements of positions wfthin and between bureaus,
35 divisions, and departments named herein, as may best meet the uses and interests of the city.
36 Section 3. All collection of delinquent city taxes shall be credited to the General Fund of the city
37 by the Treasurer.
38 Section 4. All collections of local taxes levied shall be credited to the General Fund of the city.
39 Transfers shall be made from the General Fund to the respective specially deslgnated funds for which a
40 levy is made in the respective amounts levied for each such specially designated furod.
41 Section 5. All balances of the appropriations payable out of each fund of the City Treasury
42 unenclimbered at the close of business for the f!sgal year ending on the thirtieth (301ti) day of June,
43 1991, except, as otherwise provided for, are hereby declared to be lapsed into the stirplus of the
44 respective funds, except School Operating Fund which shall lapse Into the General Fund Surplus, and
45 may be used for the payment of the appropriatiorts which may be made in the appropriation ordinance
46 for the fiscal year beginning July 1, 1991. However, there shall be retained in the General Fund Balance,
47 an undesignated amount not less than the range of seventy-five (75) to one hundred (100) percent of the
48 budget for city and school debt service payments for that fiscal year for contingencitSSs and emergency
49 situations and not to be used to support appropriations approved in the ordinance for the fiscal year
50 beginning July 1, 1990, except upon subsequent authorizatiort by City Council.
51 Section 6. No department or agency for which appropriations are made under the prowisions of
52 this Ordinance shall exceed the amount of the appropriations except wfth consent and approval of the
53 Cfty Council first being obtained, but ft is expressly provided that the restrictions w@th respect to the
54 expendfture of the funds appropriated shall apply only to the totals for each operating appropriation unit
55 included in this Ordinance and does not apply to Interfund Transfers.
56 The City Manager or the Assistant City Manager for Analysis and Evaluation is hereby authorized
57 to approve transfers for appropriations within any depanment or between departments in an amount not
58 to exceed $1 0,000 in any single transaction, and is further authorized to approve transfers and
59 expenditures from the Reserve for Contingencies in an amount not to exceed $10,OGO in any single
60 trdnsaction except as herein provided. The Cfty Manager may limft expendftures to the classes of
61 appropriations as set forth in the budget document or as required by the State Audftor of Public
62 Accounts ff such requirements are different from the classes shown in the budget document. In addftion,
63 the City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for
64 salary or fringe benefit adjustments approved by City Council.
65 Section 7. Nothing in this section shall be construed as authorizing any reduction to be made in
66 the amount appropriated in this Ordinance for the payment of interest or bonds on the bonded debt of
67 the Cfty Government or the former polftical subdivisions of Virginia Beach and Princess Anne County.
68 Section 8. Allowances olit of any of the appropriations made in this Ordinance by any or all of
69 the cfty departments, bureaus, or agencies, to any of their officers and employees for expenses on
70 account of the use by such officers and employees of their personal automobiles in the discharge of
71 their official duties shall not exceed twenty-four cents ($.24) per mile of actual travel for the first 15,000
72 miles and eleven cents ($.l 1) per mile for addftlonal miles of such use wfthin the fiscal year.
73 Section 9. All traveling expense accounts shall be submftted on forms approved by the Director
74 of Finance and according to regulations approved by the Cfty Council. Each account shall show the
75 dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses,
76 meals, and incidental expenses. The Director of Finance is specffically directed to wfthhold the issltance
77 of checks in payment of expense accounts submitted for "lump-sum" amounts, including payments to
78 employees of the School Board.
79 Section 10. That this Ordinance shall be in effect from and after the date of fts adoption.
80 Section 1 1. That ff any pan or parts, section or sections, sentences, clause, or phrase of this
81 Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the
82 validity of the remaining portions of this Ordinance.
83 First Reading:
84 Second Reading:
85 Adopted by the Council of the city of Virginia Beach, Virginia, on the - day of
86 1990.
- 19 -
Item 111-G.1b.
ORDINANCES
FY 1990-1991 OPERATING BUDGET ITEM # 32762
Upon motion by Vice Mayor Fentres,l econded by Counci lman Baum, City Counci I
APPROVED upon FIRST READING:
Ordinance establishinq the tax levy on real estate
for Tax Fiscal Year 1951.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Wililam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE ESTABUSHING THE TAX LEVY
2 ON REAL ESTATE FOR TAX FISCAL YEAR 1991
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4 Section 1. AMOUNT OF LEVY ON REAL ESTATE.
5 There shall be levied and collected for fisral year 1991 taxes for general purposes on all real
6 estate, not exempt from taxation and not otherwise provided for in this ordinance, at the rate of one
7 dollar and three and two-tenths cents ($1.032) on each one hundred dollars ($100) of assessed valuation
8 thereof. The real property tax rates which have been prescribed in this section shall be applied on the
9 basis of one hundred percentum of the fair market value of such real property except for public service
10 real property which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia, as
1 1 amended.
12 Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLLJTION CONTROL EQUIPMENT AND
13 FACILITIES" CLASSIF E.
14 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall
15 be levied and collected for general purposes for fiscal year 1991, taxes on Wi real estate certffied by the
16 Commonwealth of Virginia as "Certified Pollution Control Equiprnent and Facilkies" not exempt from
17 taxation, at the rate of one dollar and three and two-tenths cents ($1.032) on each one hundred dollars
18 ($100) of assessed valuation thereof. The real propeny tax rates imposed In this section shall be applied
19 on the basis of one hundred percentum of fair market value of such real property.
20 $ection 3. CONSTITUTIONALITY.
21 That ff any part or parts, section or sections, sentences, clause, or phrase of this Ordinance Is
22 for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the
23 remaining portion of this Ordinance.
24 Section 4. EFFECTIVE DATE.
25 This Ordinance shall be in effect from and after the date of fts adop'don-
26 First Reading: May 7, 1990
27 Second Reading:
28 Adopted by the Council of the city of Virginia Beach, Vifginia on the _ day of --, 1990.
- 20 -
Item VIII-G.1c.
ORDINANCES
FY 1990-1991 OPERATING BUDGET ITEM # 32763
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
APPROVED upon FIRST READING:
Ordinance establishing the tax levy on personal
property and machinery and tools for the Calendar
Year 1991.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss,* Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
**Councilman Moss registered a VERBAL NAY relative the motor homes portion only
of the Ordinance, upon FIRST READING, establishing the tax levy on personal
property and machinery and tools for the Calendar Year 1991. Councilman Moss
advised he will introduce an Ordinance to tax motor homes at the same rate as
boats which will be SCHEDULED for the City Council Sessions of May 14, 1990.
1 AN ORDINANCE ESTABUSHING THE TAX LEVY ON
2 PERSONAL PROPERTY AND MACHINERY AND TOOLS
3 FOR THE CALENDAR YEAR 1991.
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
6 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there
7 shall be levied and collected for general purposes for the Galendar year 1991, taxes on all tangible
8 personal property, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate
9 of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation
10 thereof.
1 1 1 n accordance with Section 58. 1 -3504 for the Code of Virginia (i 950), as amended, certain
1 2 household goods and personal effects as defined therein shall be exempt from taxation.
1 3 Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PR PER-
14 TY USED AS MOBILE HOMES.
15 In accordance wkh Section 58.1-3506 (A)(8) of the Code of Virginia (1950), as amended, there
16 shall be levied and collected for general purposes for the calendar year 1991 taxes on all vehicles
17 wkhout motor power used or designated to be used as mobile homes, at the rate of one dollar and three
18 and two-tenths cents ($1.032) on each one hundred dollars ($100) of assessed valuation thereof.
19 Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRA WEI HIN FIVE T NS
20 MORE.
21 In accordance with Section 58.1-3506 (A)(1) of the Code of Virginia (1950), as amended, there
22 shall be levied and collected for general purposes for the calendar year 1991 taxes on all boats or
23 watercraft weighing five tons or more at the rate of one dollar and fifty cents ($1.50) on P-ach one
24 hundred dollars ($100) of assessed valuation thereof.
25 Section 4. AMO ERTIFIED POLLUTION CONTROL EQ IPMENT AND
26 FACIUTIES' CLASSLFIED AS TANGIBLE PERSONAL PROPERTY.
27 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall
28 be levied and collected for general purposes for the calen(;ar year 1991 taxes on all tangible personal
29 property certified by the Commonwealth of Virginia as 'Cenffied Pollution Control Equipment and Facili-
30 ties' not exempt from taxation, at the rate of three dollars and eighty cents ($3.80) on each one hundred
31 dollars ($100) of assessed valuation thereof.
32 Section 5. AMOUNT OF LEVY ON
33 FARM LIVESTOCK, INCLUDING ALL HOF
34 NURTURE OF FARM LIVESTOCK AND POULTRY.
35 In accordance with Section 58.1-3505 of the Code of Virginia (1950), as amended, there shadi be
36 levied and collected for general purposes for the ralendar year 1991 taxes on all farm machinery and
37 implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for
38 the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($l) on each
39 one hundred dollars ($100) of assessed valuation thereof.
40 Section 6. AMOUNT OF LEVY ON MACHINERY AND T L -
41 in accordance wfth Section 58.1-3507 of the Code of Virginia (1950), as amended, there shall be
42 levied and collected for general purposes for the calendar year 1991 taxes on machinery arid tools, not
43 exempt from taxation, at the rate of one dollar ($i) on each one hundred dollars ($100) of assessed
44 valuation thereof.
45 Section 7. AMOUNT OF LEVY ON AIRCRAFT.
46 in accordance with Section 58.1-3506 (A)(2,3) of the Code of Virginia (1950), as amended, there
47 shall be levied and collected for general purposes for the calendar year 1991 taxes on all aircraft at the
48 rate of three dollars and eighty cents ($3.8o) on each one hundred dollars ($100) of assessed valuation
49 thereof.
50 Section 8. AMOUNT OF LEVY ON ANTIQUE AUTOMOBILU.
51 In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950), as amended, there
52 shall be levied and collected for general purposes for the calendar year 1991 taxes on all antique
53 automobiles at the rate of three dollars and eighty cents ($3.8o) on each one hundred dollars ($100) of
54 assessed valuation thereof.
55 Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTI IPMENT.
56 in accordance wkh Section 58.1-35G6 (A)(6) of the Code of Virginia (1950), as amended, there
57 shall be levied and collected for general purposes for the calendar year 1991 taxes on all heavy
58 construction equipment at the rate of three dollars and eighty cents ($3.8o) on each one hundred dollars
59 ($100) of assessed valuation thereof.
60 Section 10. AMOUNT OF LEVY ON REAEARCH AND DEVELOPMENT BUSINESS TA BLE
61 PERSONAL PROPERTY.
62 In accordance wfth Section 58.1-3506 (A)(5) of the Code of Virgin@ (1950), as amended, there
63 shall be levied and collected for general purposes for the calendar year 1991 taxes on all research and
64 development tangible personal property, not exempt from taxation, at the rate of one dollar ($l) on each
65 one hundred dollars ($100) of assessed valuation thereof.
66 Section 1 1. AMOUNT OF LEVY ON
67 In accordance with Section 58.1-3506 (A)(7) of the Code of Virginia (1950), as amerided, there
68 shall be levied and collected for general purposes for the calendar year 1,991 taxes on all energy
69 conversion equipment at the rate of one dollar ($I) on each one hundred dollars ($100) of assessed
70 valuation thereof.
71 Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
72 In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950), as amended, there
73 shall be levied and collected for general purposes for the calendar year I 991 taxes on Wi computer
74 hardware used by businesses primarily engaged in providing data processing services to other
75 nonrelated or nonaffiliated businesses, not exempt from taxation, at the rate of three dollars arid eighty
76 cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof.
77 Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRA-
78 Fr USED FOR RECREATIONAL PURPOSES ONLY.
79 In accordance wah Section 58.1-3506 (A)(10) of the Code of Virginia (1950), as amended, there
80 shall be levied and collected for general purposes for the calendar year 1991 taxes on all privately
81 owned pleasure boats and watercraft use for recreational purposes only, at the rate of one dollar and
82 fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof.
83 Section 14. ASSES$ED VALUE DETERMINATION.
84 In accordance with Section 58.1-3103 of the Code of Virginia (1950), as amended, perso-I
85 property mentioned in the above sections shall be asressed at actual fair market value, to be determined
86 by the Commissioner of Revenue for the cfty of Virginia Beach.
87 Section 15. CONSTITUTIONALITY.
88 That 9 any part or parts, section or sections, sentences, clause, or phrase of this ordinance Is for
89 any reason declared to be unconstitutional or invalid, such dec@ion shall not affect the validfty of the
90 remaining portions of this ordinance.
91 Section 16. EFFECTIVE DATE.
92 This ordinance shall be in effect January 1, 1991.
93 First Reading: May 7. 1990
94 Second Reading:
95 Adopted by the Council of the city of Virginia Beach, Virginia on the - day of
96 1990.
- 21 -
Item VIII-G.1d.
ORDINANCES
FY 1990-1991 OPERATING BUDGET ITEM # 32764
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Ordinance notifying the State Commissioner of
Weights and Measures of the City's Intent to
discontinue the City's local Weights and Measures
Program pursuant to Section 3.1-937 of the State
Code.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council @lembers Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO NOTIFY TME STATE COMMISSIONER
2 OF WEIGHTS AND MEASURES OF TME CITYTS INTENT
3 TO DISCONTINUE THE CITY'S LOCAL WEIGHTS AND
4 MEASURES PROGRAM PURSUANT TO SECTION 3.1-937
5 OF THE STATE CODE
6
7 WHEREAS, pursuant to State Code sections 3.1-937 the
8 state's Commissioner of Weights and Measures is assigned the
9 responsibility for enforcing the provisions of the state code;
10 WHEREAS, city and county goverriments may appoint a local
11 sealer of weights and measures in lieu of having the state provide
12 the service;
13 WHEREAS, currently only three localities in Virginia
14 continue to provide a local program, one of which is Virginia
15 Beach;
16 WHEREAS, the city has determined that it is in it's best
17 interest to discontinue the local program, allow the state to
18 provide the service, and redeploy the resources assigned to the
19 weights and measures division to other program areas;
20 WHEREAS, pursuant to State Code Section 3.1-937 the city
21 must notify the state of its intent to discontinue service twelve
22 (12) months prior to the discontinuation.
23 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
24 VIRGINIA BEACH that effective July 1, 1991 the city will no longer
25 operate a local weights and measures division and through this
26 ordinance is requesting the state to provide that service within
27 the city;
28 BE IT FURTHER ORDAINED, that no existing employees will
29 be cut or reduced as a result of this action.
30 Adopted by the Council of the City of Virginia Beach,
31 Virginia on the 7th day of may, 1990.
32 This ordinance shall be effective from the day of its
33 adoption.
34 NEW/awj
35 3-23-90
36 CA-90-3683
37 3-937.Pro
38
- 22 -
Item VIII-G.le.
ORDINANCES
FY 1990-1991 OPERATING BUDGET ITEM # 32765
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Counci I
ADOPTED:
Ordinance to AMEND and REORDAIN Sections 2-247 and
2-250 of the Code of the City of Virginia Beach,
Virginia, re Weights and Measures Division of the
Department of Permits and Inspections; and, ADD and
ORDAIN Section 2-285 to the Code of the City of
Virginia Beach, Virginla, re Consumer Protection
Division.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-
2 -/47 AND 2-250 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA PERTAINING TO THE
4 WEIGHTS AND MEASURES DIVISION OF THE
5 DEPARTMENT OF PERMITS AND INSPECTIONS AND ADD
6 AND ORDAIN SECTION 2-285 TO THE CODE OF THE
7 CITY OF VIRGINIA BEACH PERTAINING TO CONSUMER
8 PROTECTION DIVISION
9
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That Sections 2-247 and 2-250 of the Code of the City of
13 Virginia Beach, Virginia are hereby amended and reordained and
14 Section 2-285 is hereby added to read as follows:
15 Section 2-247. Divisions established.
16 There shall be, within the department of permits and
17 inspections, the following divisions:
18 (1) Inspections division.
19 (2) iiearing --l -----eFty ivislan.
20 (2) Weights and measures division.
21 (3) Zoning division.
22 Section 2-250. Duties and powers of eensumef peeteetien di*!
23 eens@el- pr-eteetj:en eff-j:eer- AREI Bea-ler-@ the depar ts
24 and inspections with respect to weights and measures.
25 (a) The eensumer- pr-eteeti:en The weights and measures
2 r. division of the department of permits and inspections shall be
27 responsible for all matters pertaining to weights and measures and
28 complaints of fraud and unlawful practices and dealings with
29 consumers with resvect to weiqhts and measures. It shall be the
30 responsibility of this division to see that the laws of the state
31 and ordinances on the subject of weights and measures are enforced
32 in the city, as well as to enforce other rules, regulations,
33 ordinances and laws pertaining to consumers.
34 (b) There shall be, within the eensumer- pr-eteeti:en
35 weiqhts and measures division, a eensumee peeteetien ef
36 a sealer of weights and measures. T-hey He shall have such
37 additional duties as may be assigned by the city manager.
38 (c) Police powers are hereby conferred upon the eensumee
39 pEeteet!eR a weights and measures division and the sealer of
40 weights and measures and the!E his designated deputies or
4i assistants while engaged in performing their lawful duties, and
42 they are authorized to arrest any violator of such laws and
43 ordinances and to seize, for use as evidence, without formal
44 warrant, incorrect or unsealed weights and measures or amounts of
45 packages or commodities found to be used, retained, offered or
46 exposed for sale or sold in violation of law.
47 ect
48 until July 1, 1991.
49
50 Section 2-285 Duties and powers of the consumer protection division
51 of the commonwealth attornev's office.
52 (a) The consumer protection division of the commonwealth
53 attorney's office shall be responsible for all matters pertainina
54 to complaints of fraud and unlawful practices and dealings with
55 consumers. It shall be the responsibilitv of this division to
56 enforce other rules, regulations, ordinances and laws pertaining
57 to consumers.
58 (b) There shall be, within the consume ection
59 division, a consumer protection officer, having such additional
60 duties as may be assigned by the city er.
61 (c) Police powers are hereby conferred upon the consumer
62 protection officer and his designated deputies or assistants while
63 engaged in performing their lawful duties.
64 Adopted by the Council of the City of Virginia Beach,
65 Virginia on the 7 day of May -1 1990.
66 This ordinance shall be effective from the day of its
67 adoption.
68 NEW/awi
69 3-23-90
70 5-2-90
71 CA-90-3681 AiPR VEDA
'12 2-247.Pro
73
sic
a@
D: P AM
AP-@
- 23 -
Item VIII-G.1f.
ORDINANCES
FY 1990-1991 OPERATFNG BUDGET ITEM # 32766
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Ordinance ADDING Chapter 40 to the Code of the City
of Virginia Beach, Virginia, re assessment of court
costs for the construction, renovation or
maintenance of Courthouse or jail facilities.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO ASSESS COURT COSTS
2 FOR COURTHOUSE CONSTRUCTION
3 RENOVATION OR MAINTENANCE
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
5 VIRGINIA BEACH, VIRGINIA:
6 That Chapter 40 of the Code of the City of Virginia
7 Beach, Virginia is hereby added to read as follows:
8 CHAPTER 40 - COURT COSTS
9 Section 40-1.
10 A. As an addition to any other fees prescribed by law,
11 the Clerks of the Circuit Court, General District Court and the
12 Juvenile and Domestic Relations District Court in each criminal
13 and traffic case shall charge and collect, as a part of the fees
14 taxed as costs, a fee of two dollars ($2.00).
15 B. Each such clerk shall remit such fees to the
16 Treasurer of the City of Virginia Beach.
17 C. The Treasurer shall hold such fees subject to
18 disbursements authorized by city council for the construction,
19 renovation or maintenance of courthouse or !ail facilities and
20 court-related facilities and to defray increases in the cost of
21 heating, cooling, electricitv and ordinary maintenance.
22 D. The provisions of this section shall expire on July 1,
23 1991.
24 Adopted by the Council of the City of Virginia Beach on
25 the Seventh day of May 1990.
26 NEW/awj
27 3 -2 3-90
28 CA-90-3685
29 40.Pro
APf'ROVED AS TO CON 'I'S
SIGNATURE
A'
ITY ATIO,,,,,
- 24 -
Item VIII-G.1g.
ORDINANCES
FY 1990-1991 OPERATING BUDGET ITEM # 32767
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Ordinance to AMEND and REORDAIN Sections 31-
1, 31-15, 31-27 (b) and (c), 31-29, 31-36 and
31-37 of the Code of the City of Virginla Beach,
Virginia, re collection and disposal ot solid
waste frorn commercial businesses.
Voting: 11-0
Councll Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Councii Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 31-1; 31-15; 31-27 SUBPARAGRAPHS (b) AND (c);
3 31-29; 31-36 AND 31-37 OF THE CODE OF THE CITY
4 OF VIRGINIA BEACH, VIRGINIA PERTAINING TO THE
5 COLLECTION AND DISPOSAL OF SOLID WASTE FROM
6 COMMERCIAL BUSINESSES
7
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Sections 31-1, 31-15, 31-27 subparagraphs (b) and
12 (c), 31-29, 31-36 and 31-37 are hereby amended and reordained to
13 read as follows:
14 Section 31-1 Definitions.
15 To add the following definition: esort Collection Zone
16 inc ments within the area defined by
17 and s fronting on the we t side of
18 Pacific Avpnlip i-, +.h- e eastern side
19 of Atlantic Avenue and hv PI]HO. T,I.+- +-- 60th Street. his zone
20 is
21 concentratinn @f --- es_ its high ct
22 on city resources is adequately main
23 visi ts who vis
24 or his designee may include in the resort collecti.on zone such
25 comm operate as a "resort business" and
26 which are locate Phery of
27 zone.
28 Sect Provision f automat
29 esidences.
30 (a) It shall be the resr)on-ihili+-v If Ilomeowners,
31 develoiders, and o i)rovide automated
32 refu S.
33 (b) Prior to receiving. an occup
34 stru er, developer, or occlipant must show either a
35 receii3t frc)Tn A n,i@,.+-. Purchase o roved
36 automated refusg receptacle or a receint frnm i-h. fo urchase
37 of an automated
38
3 9
0
4 0 he cit
41
42 Sec ons (b
43 (b)
44
Mobile
45 shall be seven (7) days
46 per week from May 1 through September 30, six (6) days per week
47 (Monday through Saturday) during the months of April and October,
48 and four (4) days per week (Monday, Tuesday, Thursday, and Friday)
49 from November 1 through March 31
50
51 (c) City refuse collection service to commercial
52 establishments o shall be one
53 time each week,
54
55 cit The city will not collect bulky items from commercial
56 establishments.
57 1
58
59 Commercial establishments shall not place for collection
60 by the city more than
61 ontainers of refuse each collection day, unless otherwise
62 designated by the director of public works. Cardboard boxes shall
63 be cut, flattened and tied securely in a manner that shall be
64 easily collected by the city forces.
65
66
67 Any comme
68
69 Out de the resort collectin .n-.
70
71 Inside the resort collection zone:
72 per ww
2
73
74
75
76 Section 11--4-7 T@i-,' F.+- 4
al and
77
utside of the
78 resort collection zone.
79 Outside of th. --llection zon cial
80 establishinentq
81 of
82
s
83 thr losure
84 rece
85 Adopted by the Council of the City of Virginia Beach,
86 virginia on the 7th day of May 1990.
87 This ordinance shall be effective from the day of its
88 adoption.
89
90 DSH/awj
91 3 -2 3-90
92 CA-90-3684
93 31-l.Pro
94
3
- 25 -
Item VIII-G.1h.
ORDINANCES
FY 1990-1991 OPERATING BUDGET ITEM # 32768
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Ordinance to AMEND and REORDAIN Sections 2-4, 2-
421, 2-422, 2-423, 2-424 and 2-425 of the Code of
the City of Virginia Beach, Virginia, re
recognition of Police, Fire Companies and Rescue
Squads and the Department of Emergency Medical
Services.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan'John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTIONS 2-4, 2-421, 2-
3 422, 2-423, 2-424, and 2-425 OF
4 THE CODE OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA, PERTAINING TO
6 RECOGNITION OF POLICE, FIRE
7 COMPANIES AND RESCUE SQUADS AND
8 THE DEPARTMENT OF EMERGENCY
9 MEDICAL SERVICES.
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That Sections 2-4, 2-421, 2-422, 2-423, 2-424, and 2-425 of
13 the Code of the City of Virginia Beach' Virginia, are hereby
14 amended and reordained to read as follows:
15 Section 2-4. Recognition of police, fire companies and rescue
16 squads as part of public safety program.
17 In gratitude to and in recognition of the valuable and
18 necessary services performed by police, fire companies and rescue
19 squads and the individual members thereof, both professional and
20 volunteer, which serve the City, the following police agencies and
21 chartered and nonchartered fire companies and rescue squads are
22 recognized and acknowledged to be an integral part of the official
23 public safety program of the City, and the volunteer members of
24 these police, and chattered and nonchartered fire companies and
25 rescue squads, shall be deemed employees for the purposes of the
26 Virginia Workers' Compensation Act:
27 Blackwater Volunteer Fire Department, Incorporated
28 Chesapeake Beach Volunteer Fire and Rescue Department,
29 Incorporated
30 Creeds Volunteer Fire Department and Rescue Squad,
31 Incorporated
32 Davis Corner Volunteer Fire Department and Rescue Squad,
33 Incorporated
34 Green Run Volunteer Fire Company
35 Kempsville Rescue Squad, Incorporated
36 Kempsville Volunteer Fire Department, Incorporated
37 Knotts Island Volunteer Fire Department, Incorporated
38 London Bridge Volunteer Fire Department, Incorporated
39 Ocean Park Volunteer Fire and Rescue Unit, Incorporated
40 Oceana Volunteer Fire Department, Incorporated
41 Plaza Volunteer Fire company and Life Saving and Rescue Squad,
42 Incorporated
43 Princess Anne Courthouse Volunteer Fire Department,
44 Incorporated
45 Sandbridge Fire Brigade, Incorporated
46 Seatack Volunteer Fire company
47 Thalia volunteer Fire Department, Incorporated
48 Virginia Beach Auxiliary Police
49 Virginia Beach Borough Volunteer Fire Department, Incorporated
50 Virginia Beach Rescue Squad, Incorporated
51 Virginia Beach Volunteer Rescue Dive Team
52 Woodstock Volunteer Fire Company
53 City of Virginia Beach, tment of Emergency Medical
54 Services
55 Section 2-421. Creation; composition.
56 There is hereby created a department of emergency
57 medical services, which shall consist of a director of emergency
58 medical services, a inedical director endorsed by the Virginia
59 Beach Medical Society, the mernbers of the operational volunteer
60 rescue squads serving the city and other such committees, boards,
61 organizations and personnel as may be ordered by the city manager,
62 the medical director or the director consistent herewith. The
63 director and medical director shall be appointed by the city
64 manager. The medical director shall be appointed for a term of
65 two (2) years and shall be eligible for reappointment.
66 Section 2-422. Functions.
67 The tment of emergency medical services shall
68 be responsible for controlling and supervising the provision of
69 prehospital emergency patient care services in the city to protect
70 and promote the health, welfare and safety of the general public.
71 The tment shall be responsible for establishing and
72 enforcing rules, regulations and policies for the
73 tment and for other agencies which are defined under chapter
2
74 10.5 of the Code. The tment shall have other such
75 powers and duties as may be assigned by council or the city
76 manager.
77 Section 2-423. General powers and duties of directo,s.
78 (a) The medical director shall be responsible for the
79 establishment of Inedical Policy dealing with the direction and
80 coordination of patient care operations for the
81 tment including but not limited to the development of medical
82 training standards, medical care procedures and protocols, medical
83 performance standards and general medical control.
84 (b) The director of emergency medical services shall make
85 rules, regulations and policies concerning the general management,
86 direction, operation and control of the tent
87 including the certification of emergency medical services
88 personnel to operate within the city consistent with policies
89 promulgated by the medical director; the implementation of medical
90 policy; and the supervision of all personnel within the
91 tment-
92 (c) The rules, regulations and policies of the medical
93 director and director shall be subject to approval by the city
94 manager and shall not be inconsistent with the laws of the
95 commonwealth.
96
97 (a) The Council of virginia Beach Volunteer Rescue
98 Squads, Inc., shall serve as an advisory board to the director of
99 emergency medical services, providing recommendations on department
100 policy matters as necessary. The advisory board may also
01 provide recommendations to the city manager concerning the
02 selection of the director of emergency medical services when
03 vacancies occur in that position.
04 (b) Additional boards which may be created shall
05 have duties as enumerated to them by the city manager, medical
06 director or the director of emergency medical services.
3
107 Section 2-425. Background investigations of applicants for
108 certification.
109 (a) In order to determine if any past criminal conduct
110 or motor vehicle driving record of any applicant for certification
ill by the director of emergency medical services would be compatible
112 with the nature of the position under consideration, the following
113 procedure shall be followed:
114 (1) Each such applicant shall furnish a classifiable et of
115 fingerprints to the department Of police.
116 (2) The chief Of P'lice and members of the department of
117 Police acting in his name and the director of emergency
118 medical services or an investigator designated by the
119 director within the tment of emergency
120 medical services, are authorized t, conduct a field
121 investigation and directed to conduct criminal record
122 checks on each such applicant.
12 3 (3) The chief of police or a member of the Police department
124 acting on his behalf, or an investigator designated by
12 5 the director of emergency medical services within the
126 tment of emergency medical services, shall
127 prepare a factual summary of the background investigation
128 and criminal records check of each applicant and transmit
129 such summary to the director of emergency medical
30 services for the purpose of determining the fitness of
31 the applicant.
32 (4) Background investigation and records checks include
33 records of all arrests and dispositions as an adult.
34 Records of arrests and dispositions, while an applicant
35 was considered a juvenile, shall be transmitted only when
36 authorized by a court order, court rule, court decision,
37 federal, regulation or state statute authorizing such
8 dissemination.
9 (5) Criminal history records and information shall include
0 arrest and disposition data on file in the national crime
I information center, the federal bureau of investigation,
4
142 the department of defense, the department of motor
14 3 vehicles, and all other federal, state and local law
144 enforcement agencies.
145 (6) Any applicant who is denied certification on the basis
146 of the investigation summary referred to in this section
147 may inspect that summary for the purpose of clarifying,
148 explaining or denying the accuracy of its contents.
149 (7) The chief of police and members of the police department
150 shall make no other dissemination to the director of
151 emergency medical services regarding the fitness of
152 applicants, except in the official summary report
153 referred to in this section.
154 (8) Use of criminal history record information disseminated
155 to the director of emergency medical services shall be
156 limited to the purpose for which it was given and may
157 not be disseminated further.
158 (b) It shall be unlawful and a Class 1 misdemeanor for any
159 person not appropriately certified by the director of emergency
160 medical services to represent himself to be a certified emergency
161 medical care attendant, or while wearing any uniform or insignia
162 resembling that of an emergency medical care attendant, to perform
163 any act or function of patient care which is regulated by the
164 cli,xigion department of emergency medical services; provided that
165 this section shall not render unlawful the providing of emergency
166 care or assistance as set forth in Virginia Code section 8.01-225.
167 Adopted by the Council of the City of virginia Beach, Virginia
168 on 7th day of May 1990.
169 WEB/dga
170 4/10/90
171 CA-03505
172 \ordin\proposed\02-004et.ord Akt'KUVL
SIGNATL
APrrPL'
RNEY
- 26 -
Item VIII-G.Ii.
ORDINANCES
FY 1990-1991 OPERATING BUDGET ITEM # 32769
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Counci I
ADOPTED:
Ordinance to AMEND and REORDAIN Section 10.5-2 (A)
of the Code of the City of Virglnia Beach,
Virginia, re ernergency medical care agencies and
vehicles.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 10.5-2,PARAGRAPH (A) OF THE
3 CODE OF CITY OF VIRGINIA BEACH,
4 VTRGINIA PERTAINING TO EMERGENCY
5 MEDICAL CARE AGENCIES AND VEHICLES
6
7 Section 10.5-2. Permit required.
8 (a) It shall be unlawful, in accordance with section
9 32.1-156, Code of Virginia, for any individual or organization to
10 operate an emergency medical services agency or vehicle in the
11 city for emergency transport purposes or non-emergency transport
12 purposes, excepting the tment divisien of emergency medical
13 services of the city as provided for by chapter 2, article XIX,
14 section 2-421 of this Code without first being granted a permit to
15 do so by the City Council.
16 This ordinance shall be effective from the day of its
17 adoption.
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia on the 7th day of ay 1990.
20
21 NEW/awj
22 3-23-90
23 5-2-90
24 CA-90-3680
25 10.Pro
APPROVED AS TO CO ii'@
A@
,,TY @,T-!@
- 27 -
Item VIII-G.1j.
ORDINANCES
FY 1990-1991 OPERATING BUDGET ITEM # 32770
Upon mot i on by V I ce Mayor Fentress, seconded by Counc i I man Baum, C i ty Counc I I
ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-50 of
the Code of the City of Virginia Beach, Virginia,
re accumulations of trash, garbage, etc., or
excessive growth of weeds or grass.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heirchober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 23-50 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 ACCUMULATIONS OF TRASH, GARBAGE,
6 ETC., OR EXCESSIVE GROWTH OF
7 WEEDS OR GRASS.
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 23-50 of the Code of the City of Virginia Beach,
11 virginia, is hereby amended and reordained to read as follows:
12 Section 23-50. Accumulations of trash, garbage, etc., or
13 excessive growth of weeds or grass.
14 (a) Upon determination by the director of housing and
15 neighborhood preservation, the housing code administrator, or any
16 inspector of the department of housing and neighborhood
17 preservation, whether temporarily or permanently employed as such,
18 that there exists upon any land or premises within the city,
19 including the area between such land or premises and the curb
20 line, any trash, garbage, refuse, litter or similar substances,
21 except as may be placed thereon for purposes of collection in
22 accordance with Chapter 31 of this Code, notice shall be served on
23 the owner of such land or premises or his agent, or on the
24 occupant thereof, or both, to cause such trash, garbage, refuse,
25 litter or similar substances to be removed from such land or
26 premises within five (5) days from the date of such notice.
27 (b) Upon determination by the director of housing and
28 neighborhood preservation, the housing code administrator, or any
29 inspector of the department of housing and neighborhood
30 preservation, whether temporarily or permanently employed as such,
31 that there exists on any land or premises within the city,
32 including the area between such land or premises and the curb
33 line, any grass, weeds, brush or similar vegetation in excess of
34 ten (10) inches in height, notice shall be served on the owner of
35 such land or premises or his agent, or on the occupant thereof, or
36 both, to cause such grass, weeds, brush or similar vegetation to
37 be removed or ctit and removed f rom such land or premises within
38 five (5) days from the date of such notice.
39 (c) Service of the notice provided for in subsections (a)
40 and (b) shall be by registered or certified mail, personal
41 delivery or posting in a conspicuous place upon the land or
42 premises; provided, however, that if the land or premises are
43 unoccupied and the owner or his agent cannot be found by the
44 exercise of due diligence or are unknown, such notice shall be
45 sufficient against the owner if given by registered or certified
46 mail to the owner's last known mailing address and posted in a
47 conspicuous place upon the land or premises. The housing code
48 administrator and inspectors of the department of housing and
49 neighborhood preservation are hereby authorized to deliver or post
50 such notices.
51 (d) Failure to comply with the terms of a notice issued and
52 served as provided in this section within the time prescribed in
53 such notice shall constitute a Class 2 misdemeanor, and each day
54 thereafter that the violation continues shall constitute a
55 separate offense. In addition to any penalties imposed hereunder,
56 the city may institute legal action to enjoin the continuing
57 violation of this section and may remove or contract for the
58 removal of such trash, garbage, refuse, litter or similar
59 substances or grass, weeds, brush or similar vegetation, in which
60 event the cost and expenses thereof, including an administrative
61 fee in the amount of one hundred dollars ($100.00), shall be
62 chargeable to and paid by the owner or occupant of the land or
63 premises. Any such charge which is not paid within thirty (30)
64 days of the date on which it is billed to the owner of such land
65 or premises shall constitute a lien upon the property and may be
66 collected in any manner provided by law for the collection of
67 taxes; provided, however, that no such lien shall be valid against
68 any owner of land or premises who was not served with the notice
69 prescribed in subsection (a) or (b) hereinabove, as the case may
70 be.
2
71 (e) The provisions of this section shall not apply to any
72 parcel of land greater than one acre in size and which is located
73 in an agricultural zoning district and used principally for
74 agricultural or horticultural purposes.
75 Adopted by the Council of the City of Virginia Beach,
76 Virginia on the 7th day of May 1990.
77 EEF/ccm
78 02/27/90
79 CA-3646
80 \ordin\proposed\23-050.pro
APPROVED AS TO CONTE.@'@S
Housing Neighborhood Preservation
DE PA
'A
(IIYAi@C,
- 28 -
Item VIII-G.1k.
ORDINANCES
FY 1990-1991 OPERATING BUDGET ITEM # 32771
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counc, I
ADOPTED, AS REVISED:
ordinance to AMEND and REORDAIN Section 31-61 of
the Code of the City of Virginia Beach, Virginia,
re charge for depositing solid waste at City refuse
disposal areas.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent-.
None
AN ORDINANCE TO AMEND AND REORDAIN SECTION 31-
61 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
3 VIRGINIA PERTAINING TO THE CHARGE FOR
4 DEPOSITING SOLID WASTE AT CITY REFUSE DISPOSAL
5 AREAS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 31-61 of the Code of the City of Virginia
10 Beach, Virginia is hereby amended and reordained to read as
11 follows:
12 Section 31-61 Use charges.
13 (a) There shall be a fee of t=wenty-siif f4ft-Y
14 eents ($26-59+ twenty-nine ($29.00) per ton, or a th!Eteen de!
15 ($13.90) fourteen dollars and fifty cents ($14.50) minimum charge
16 for less than one ton, or any part thereof, for all sanitary waste,
17 refuse, debris or garbage generated solely within the city and
18 deposited at the city refuse disposal areas; provided, however,
19 that residents of the city depositing sanitary solid waste, refuse,
20 debris, or garbage solely from their households may deposit the
21 same free of charge.
22 (b) There shall be a fee of seventy-five cents ($.75)
23 per tire for cutting and disposing of tires at the city refuse
24 disposal areas.
25
26 This ordinance shall become effective on July 1, 1990.
27 Adopted by the Council of the City of Virginia Beach,
28 Virginia, on the 7 day of May 1990.
29
30 NEW/dls
31 5-2-90
32 5-7-90
33 CA-90-3736
34 31-6l.ord
35
- 29 -
Item VIII-H.I.
RESOLUTIONS ITEM # 32772
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Resolution providing for the ISSUANCE and SALE of
$40,000,000 General Obligation Public Improvement
Bonds, Series of 1990A, of the City of Virginia
Beach, Virginia, heretofore authorized; and,
providing for the form, details and payment
thereof.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober," Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
John L. Perry
*Councilman Heischober has filed his disclosure and intent to ABSTAIN on any
items related to Constitution Drive.
At a regular meeting of the Council of the City of Virginia
Beach, virginia, held on the 7th day of May, 1990, at which the
following members were present and absent:
PRESENT:
Albert W. Balko
John A. Baum
Vice Mayor Robert E. Fentress
Harold Heischober
Barbara M. Henley
Reba S. McClanan
John D. Moss
Mayor Meyera E. Oberndorf
Nancy K. Parker
William D. Sessoms, Jr.
ABSENT:
John L. Perry
the following resolution was adopted by the affirmative roll-call
vote of a majority of all members of the Council, the ayes and nays
being recorded in the minutes of the meeting as shown below:
KEMBER VOTE
Albert W. Balko Aye
John A. Baum Aye
Vice Mayor Robert E. Fentress Aye
Harold Heischober Aye
Barbara M. Henley Aye
Reba S. McClanan Aye
John D. Moss Nay
Mayor Meyera E. Oberndorf Aye
Nancy K. Parker Aye
William D. Sessoms, Jr. Aye
RESOLUTION PROVIDING FOR THE ISSUANCE AKD SALE
or $40,000,000 GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, SERIES OF 1990A, OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, HERETOFORE
AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS
AND PAYMENT THEREOF
WHEREAS, the issuance of $32,850,000 bonds of the City Of
Virginia Beach, Virginia (the "City") , was authorized by an
ordinance adopted by the Council on August 17, 1987, and approved
by the qualified voters of the City at an election held on November
3, 1987, to finance community recreational facilities, $12,000,000
of which bonds have been issued and sold;
WHEREAS, the issuance of $s,ooo,ooO bonds of the City was
authorized by an ordinance adopted by the Council December 7, 1987,
without being submitted to the qualified voters of the City to
finance road and highway improvements, $1,000,000 of which have
been issued and sold; and
wHEREAS, the issuance of $68,375,000 of bonds of the City was
authorized by an ordinance adopted by the Council on August 21,
1989, and approved by the qualified voters of the City at an
election held on November 7, ig8g, to finance continuing develop-
ment of the City's school system, none of which bonds have been
issued and sold;
WHEREAS, the issuance of $29,200,000 bonds of the City was
authorized by an ordinance adopted by the council on December 4,
1989, without being submitted to the qualified voters of the City,
for the purposes and in the amounts shown below, none of which
bonds have been issued and sold:
School Projects, including site acquisition and improvements,
planning, design, construction, renovation, expansion, equipping
and fumishing of schools and related facilities ......................... $ 361,000
Engineering and highway projects, including site acquisition and improvements,
design, planning, construction, improvement, replacement, expansion and
extension of streets, highways and bridges ............................ 24,486,962
Drainage projects, including dredging the Eastem Branch of the
Lynhaven River and improvements to Salem Canal ....................... 3,690,000
Building projects, including the design, planning, construction, improvement,
renovation, expansion, equipping and fumishing of the Kempsville
Public Safety and Library Services facilities ........................... 453,540
Parks and Recreation projects, including pimning, improvement, construction,
enlargement and development of new parks ........................... $ 208,498
$29,200,000; and
WHEREAS, it has been recommended to the Council by represen-
tatives of Government Finance Associates, Inc. and Goverriment
Finance Research Center (the "Financial Advisors") that the City
issue and sell, as a single issue of public improvement bonds,
$8,000,000 of the bonds for community recreational facilities,
$2,000,000 of the bonds for roads and highways, $15,000,000 of the
bonds for schools, and $15,000,000 of the bonds for various public
improvements;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. Authorization of Issuance and Sale. There are authorized
to be issued and sold as a single issue of $40,000,000 bonds,
$8,000,000 of the unissued amount of the bonds authorized for
community recreational facilities, $2,000,000 of the unissued
amount of the bonds authorized for roads and highways, $15,000,000
2
of the unissued amount of the bonds authorized for schools, and
$15,000,000 of the unissued amount of bonds authorized for various
public improvements.
2. Bond Details. The bonds shall be designated logeneral
Public Ilnprovement Bonds, Series of 1990A" (the
obligation registered
"Bonds") , shall be dated June i, 1990, shall be in fully
form$ in denominations of $5,000 and multiples thereof, and shall
be numbered R-1 upward. The Bonds shall mature in installments on
June I in years and amounts as follows:
Year Amo_unt Year Amo_unt
1991 $1,000,000 2001 $2,055,000
1992 2,055,000 2002 2,050,000
1993 2,055,000 2003 2,050,000
1994 2,055,000 2004 2,050,000
1995 2,055,000 2005 2,050,000
1996 2,055,000 2006 2,050,000
1997 2,055,000 2007 2,050,000
1998 2,055,000 2008 2,050,000
1999 2,055,000 2009 2,050,000
2000 2,055,000 2010 2,050,000
Each Bond shall bear interest at such rate as shall be determined
at the time of sale, payable semiannually on June I and December
1, beginning December 1, 1990, (a) from June 1, 1990, if it is
authenticated prior to December 1, 1990, Or (b) otherwise from the
june I or December 1 that is, or immediately precedes, the date on
which it is authenticated (unless payment of interest thereon is
in default, in which case such Bond shall bear interest from the
date to which interest has been paid).
Initially, one Bond certificate for each maturity shall be
issued to The Depository Trust Company, New York, New York (IIDTCII) ,
which is designated as the securities depository for the Bonds, or
its nominee, and immobilized in its custody. So long as DTC is
acting as securities depository for the Bonds, a book entry system
shall be employed, evidencing ownership of the Bonds in principal
amounts of $5,000 or multiples thereof, with transfers of ownership
effected on the records of DTC and its participants pursuant to
rules and procedures established by DTC and its participants.
Interest on the Bonds shall be payable in clearinghouse funds to
DTC or its nominee as registered owner of the Bonds. Principal,
redemption premium, if any, and interest shall be payable in lawful
money of the United States of America by the City Treasurer, who
is appointed Registrar (the "Registrar"). Transfer of principal
and interest payments to participants of DTC shall be the respon-
sibility of such participants and other nominees of beneficial
owners. The City shall not be responsible or liable for maintain-
3
ing, supervising or reviewing the records maintained by DTC, its
participants or persons acting through such participants.
In the event that (a) DTC determines not to continue to act
as securities depository for the Bonds, (b) the chief financial
officer of the City determines that DTC is in@apable of discharging
its duties or that continuation with DTC as securities depository
is not in the best interest of the City, or (c) the chief financial
officer of the City determines that continuation of the book entry
system of evidence and transfer of ownership of the Bonds is not
in the best interest of the City or the beneficial owners of the
Bonds, the CitY shall discontinue the book entry system with DTC-
If the City fails to identify another qualified securities
depository to replace DTC, the City shall authenticate and deliver
replacement bonds in the form of fully registered certificates,
substantially in the form as set forth in paragraph 5 with such
variations, omissions or insertions that are necessary or desirable
in the delivery of replacement certificates, and registration of
transfer of the Bonds shall be permitted as described in
paragraph 7.
3. Redemption Provisions. Bonds maturing on or before June
1, 2000, are not subject to redemption prior to maturity. Bonds
maturing on or after June 1, 2001, are subject to redemption prior
to maturity at the option of the City on or after June 1, 2000, in
whole at any time or in part on any interest payment date, upon
payment of the following redemption prices (expressed as a
percentage of principal amount of Bonds to be redeemed) plus
interest accrued and unpaid to the redemption date:
Period During Which Redeemed Redemption
Both Dates I Price
June 1, 2000 to May 31, 2001 102
June 1, 2001 to May 31, 2002 1011/2
June 1, 2002 to May 31, 2003 101
June 1, 2003 to May 31, 2004 1001/2
June 1, 2004 and thereafter 100
If less than all of the Bonds are called for redemption, the
Bonds to be redeemed shall be selected by the chief financial
off icer of the City in such manner as he may determine to be in
the best interest of the City. If less than all the Bonds of a
particular maturity are called for redemption, the Bonds to be
redeemed shall be selected by DTC or any successor securities
depository pursuant to its rules and procedures or, if the book-
entry system is discontinued, will be selected by the Registrar by
lot in such manner as the Registrar in its discretion may deter-
mine. In either case, each portion of $5,000 principal amount
shall be counted as one Bond for such purpose. The City shall
cause notice of the call for redemption identifying the Bonds or
portions thereof to be redeemed to be sent by registered or
4
certified mail, not less than 30 nor more than 60 days prior to the
redemption date, to DTC or its nominee as the registered owner
thereof. The City shall not be responsible for mailing notice of
redemption to anyone other than DTC or another qualified securities
depository or its nominee unless no qualified securities depository
is the registered owner of the Bonds. If no qualified securities
depository is the registered owner of the Bonds, notice of
redemption shall be mailed to the registered owners of the Bonds.
If a portion of a Bond is called for redemption, a new Bond in
principal amount equal to the unredeemed portion thereof will be
issued to the registered owner upon the surrender hereof.
If no qualified securities depository is the registered owner
of the Bonds, the City may appoint a qualified bank as paying agent
and registrar of the Bonds.
if no qualified securities depository is the registered owner
of the Bonds, registration of transfer of Bonds and exchange of
certificates may be effected at the office of the Registrar.
4. Execution and Authentication. The Bonds shall be signed
by the manual or facsimile signature of the Mayor, shall be
countersigned by the manual or facsimile signature of the Clerk,
And the City's seal shall be affixed thereto or a facsimile thereof
printed thereon. No Bond signed by facsimile signatures shall be
valid until it has been authenticated by the manual signature of
an authorized officer or employee of the Registrar and the date of
authentication noted thereon.
S. Bond Form. The Bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General obligation Public ImDrovement Bond. Series 1990A
INTEREST RATE MATURITY DATE DATED DATE CUSIP
June 1, June 1, 1990
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
5
The City of Virginia Beach, Virginia (the "City"), for value
received, promises to pay, upon surrender hereof, to the registered
owner thereof, or registered assigns or legal representative, the
principal sum stated about on the maturity date stated above,
subject to prior redemption as hereinafter provided, and to pay
interest hereon semiannually on each June 1 and December 1,
beginning December 1, 1990, at the annual rate stated above.
Interest is payable (a) from June 1, iggo, if this bond is
authenticated prior to December 1, 1990, or (b) otherwise from the
June 1 or December I that is, or immediately precedes, the date on
which this bond is authenticated (unless payment of interest hereon
is in default, in which case this bond shall bear interest from the
date to which interest has been paid) . Principal, premium, if any,
and interest are payable in lawful money of the United States of
America by the City Treasurer, who has been appointed Registrar
(the "Registrar") . Notwithstanding any other provision hereof,
this bond is subject to a book-entry system maintained by The
Depository Trust Company (IIDTCII) , and the payment of principal and
interest, the providing of notices and other matters shall be made
as described in the City's Letter of Representation to DTC.
This bond is one of an issue of $40,000,000 General obligation
Public Improvement Bonds, Series of 1990A, of like date and tenor,
except as to number, denomination, rate of interest, privilege of
redemption and maturity, and is issued pursuant to the Constitution
and statutes of the Commonwealth of Virginia, including the City
Charter and the Public Finance Act. Of such amount $8,000,000 for
community recreational facilities authorized by an ordinance
adopted by the Council on August 17, 1987, and approved at an
election held on November 3, 1987, $2,000,000 for roads and
highways were authorized by an ordinance adopted by the Council on
December, 1987, without being submitted to the voters for approval
for an election, $15,000,000 for schools were authorized by an
ordinance adopted by the Council on August 21, 1989, and approved
at an election held on November 7, 1989, and $15,000,000 for
various public improvements were authorized by an ordinance adopted
by the Council on December 4, 1989, without being submitted to the
voters for approval at an election.
Bonds maturing on or before June 1, 2000 are not subject to
redemption prior to maturity. Bonds maturing on or after June 1,
2001, are subject to redemption prior to maturity at the option of
the City on or after June 1, 2000, in whole at any time or in part
on any interest payment date, upon payment of the following
redemption prices (expressed as a percentage of principal amount
of bonds to be redeemed) plus interest accrued and unpaid to the
redemption date:
Period During Which Redeemed Redemption
Both Dates Inclusive Price
June 1, 2000 to May 31, 2001 102
6
June 1, 2001 to May 31, 2002 1011/2
June 1, 2002 to May 31, 2003 101
June 1, 2003 to May 31, 2004 1001/2
June 1, 2004 and thereafter 100
if less than all of the bonds are called for redemption, the
bonds to be redeemed shall be selected by the chief financial
officer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the bonds of a
particular maturity are called for redemption, the Bonds to be
redeemed shall be selected by DTC or any successor securities
depository pursuant to its rules and procedures or, if the book
entry system is discontinued, shall be selected by the Registrar
by lot in such manner as the Registrar in its discretion may
determine. In either case, each portion of $5,000 principal amount
shall be counted as one bond for Such purpose. The City shall
cause notice of the call or redemption identifying the bonds or
portions thereof to be redeemed to be sent by registered or
certified mail, not less than 30 nor more than 40 days prior to the
redemption date, to DTC or its nominee as the registered owner of
the bonds.
The full faith and credit of the City are irrevocably pledged
for the payment of principal of and interest on this bond.
All acts, conditions and things required by the Constitution
and statutes of the Commonwealth of Virginia to happen, exist or
be performed precedent to and in the issuance of this bond have
happened, exist and have been performed, and the issue of the bonds
of which this bond is one, together with all other indebtedness of
the City, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of virginia.
IN WITNESS WHEREOF, the City of virginia Beach, Virginia, has
caused this bond to be signed by its Mayor, to be countersigned by
its Clerk, its seal to be affixed hereto and this bond to be dated
June 1, 1990.
COUNTERSIGNED:
(SEAL)
Clerk Mayor
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and
transfer(s) unto (Please print or type
name and a ress, including ostal zip coae, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
7
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably
constituting and appoin.ting At orney said bond
on t) ion thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed
NOTI (Signature o owner)
guaranteed by a member firm
of the New York Stock NOTICE: The signature above must
Exchange or a commercial bank correspond with the name of the
or trust company. registered owner as it appears on
the front of this bond in every par-
ticular, without alteration or en-
largement or any change whatsoever.
6. Pledge of Full Faith and Credit. The full faith and
credit of the city are irrevocably pledged for the payment of
principal of and interest on the Bonds. Unless other funds are
lawfully available and appropriated for timely payment of the
Bonds, the Council shall levy and collect an annual ad valorem tax,
without limitations as to rate or amount, on all locally taxable
property in the City sufficient to pay the principal of and
interest on the Bonds, as the same become due and payable.
7. Registration, Transfer and Owners of Bonds. If no
qualified securities depository is the registered owner of the
Bonds, the City may appoint a qualified bank as paying agent and
registrar of the Bonds. The Registrar shall maintain registration
books for the registration of Bonds. Upon surrender of any Bonds
at the principal corporate trust office of the Registrar, together
with an assignment duly executed by the registered owner or his
duly authorized attorney or legal representative in such form as
shall be satisfactory to the registrar, the City shall execute and
the Registrar shall authenticate and deliver in exchange, a new
Bond or Bonds having an equal aggregate principal amount, in
8
authorized denominations, of the same form and maturity, bearing
interest at the same rate, and registered in names as requested by
the then registered owner or his duly authorized attorney or legal
representative. Any such exchange shall be at the expense of the
City, except that the Registrar may charge the person requesting
such exchange the amount of any tax or other governmental charge
required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person
exclusively entitled to payment of principal, premium, if any, and
interest and the exercise of all other rights and powers of the
owner, except that interest payments shall be made to the person
shown as owner on the registration books on the 15th day of the
month preceding each interest payment date.
S. Notice of Sals. The City Manager, in collaboration with
the Financial Advisors, is authorized and directed to take all
proper steps to advertise the Bonds for sale substantially in
accordance with the form of Notice of Sale attached hereto, which
is approved, provided that the City Manager, in collaboration with
the Financial Advisors, may make such changes in the Notice of Sale
not inconsistent with this resolution as he may consider to be in
the best interest of the City.
9. Of f icial Statement. A draft dated May 2, 1990, of a
Preliminary official Statement describing the Bonds, copies of
which have been provided to the members of the Council, is approved
as the form of the Preliminary official Statement by which the
Bonds will be offered for sale, with such completions, omissions,
insertions and changes not inconsistent with this resolution as the
City Manager, in collaboration with the Financial Advisors, may
consider appropriate. The City Manager, in collaboration with the
Financial Advisors, shall make such completions, omissions,
insertions and changes in the Preliminary Official Statement not
inconsistent with this resolution as are necessary or desirable to
complete it as a final official Statement. The City shall arrange
for the delivery to the successful bidder on the Bonds of a
reasonable number of copies of the final off icial Statement, within
seven business days after the Bonds have been awarded, for delivery
to each potential investor requesting a copy of the Official
Statement and to each person to whom such bidder and members of his
bidding group initially sell Bonds.
10. official Statement Deemed Final. The City Manager is
authorized, on behalf of the City, to deem the Preliminary official
Statement and the official Statement in final form, each to be
final as of its date within the meaning of Rule 15c2-12 of the
Securities and Exchange Commission, except for the omission in the
Preliminary Official Statement of certain pricing and other
information allowed to be omitted pursuant to such Rule 15c2-12.
The distribution of the Preliminary official Statement and the
official Statement in final form shall be conclusive evidence that
9
each has been deemed final as of its date by the City, except for
the omission in the Preliminary official statement of such pricing
and other information.
ii. Preparation and Delivery of Bonds. After bids have been
received and the Bonds have been awarded, the Mayor, the City
Manager and the Clerk are authorized and directed to take all
proper steps to have the Bonds prepared and executed in accordance
with their terms and to deliver the Bonds to the purchasers thereof
upon payment therefor.
12. Arbitrage Covenants. The City covenants that it shall
not take or omit to take any action the taking or omission of which
will cause the Bonds to be "arbitrage bonds" within the meaning of
Section 148 of the Internal Revenue Code of 1986, as amended,
including regulations issued pursuant thereto (the "Codell) , or
otherwise cause interest on the Bonds to be includable in the gross
income of the registered owners thereof under existing statutes.
Without limiting the generality of the foregoing, the City shall
comply with any provision of law that may require the City at any
time to rebate to the United States any part of the earnings
derived from the investment of the gross proceeds of the Bonds.
The City shall pay from its legally available general funds any
amount required to be rebated to the United States pursuant to the
Code.
13. SNAP Investment Authorization. The Council has previous-
ly received and reviewed an Information Statement dated
September 1, 1989 (the "Information Statement") , describing the
State Non-Arbitrage Program of the Commonwealth of Virginia
("SNAP") and the Contract Creating the State Non-Arbitrage Program
Pool I dated January 16, 1989 (the "Contract") , and the Council
authorizes the Treasurer to utilize SNAP in connection with the
investment of the proceeds of the Bonds. The Council acknowledges
that the Treasury Board of the Commonwealth of Virginia is not, and
shall not be, in any way liable to the City in connection with
SNAP, except as otherwise provided in the Contract.
14. Non-Arbitrage Certificate and Elections. Such officers
of the City as may be requested are authorized and directed to
execute an appropriate certificate setting forth the expected use
and investment of the proceeds of the Bonds, and to make any
elections such officers deem desirable regarding rebate of earnings
to the United States, for purposes of complying with Section 148
of the Code. Such certificate and elections shall be in such form
as may be requested by bond counsel for the City.
1S. Private Activity Bond Covenant. The City covenants that
it shall not permit the proceeds of the Bonds to be used in any
manner that would result in (a) 5% or more of such proceeds being
used in a trade or business carried on by any person other than a
governmental unit, as provided in Section 141(b) of the Code, (b)
- 10
5% or more of such proceeds being used with respect to any output
facility (other than a facility for the furnishing of water),
within the meaning of Section 141(b)(4) of the Code, or (c) 5% or
more of such proceeds being used directly or indirectly to make or
finance loans to any persons other than a governmental unit, as
provided in Section 141(c) of the Code; provided, however, that if
the city receives an opinion of nationally recognized bond counsel
that any such covenants need not be complied with to prevent the
interest on the Bonds from being includable in the gross income for
federal income tax purposes of the registered owners thereof under
existing law, the City'need not comply with such covenant.
16. other ACtions. All other actions of officers of the City
in conformity with the purposes and intent of this resolution and
in furtherance of the issuance and sale of the Bonds are approved
and conf irmed. The officers of the city are authorized and
directed to execute and deliver all certificates and instruments
and to take all such further action as may be considered necessary
or desirable in connection with the issuance, sale and delivery of
the Bonds.
17. Filing of Resolution and Publication. The Clerk, in
collaboration with the City Attorney, is authorized and directed
to see to the immediate filing of a certified copy of this
resolution with the Circuit Court of the City of Virginia Beach,
and within 10 days thereafter to cause to be published once in a
newspaper having general circulation in the City a notice setting
forth (a) in brief and general terms the purposes for which the
Bonds are to be issued and (b) the amount of the Bonds and the
amount for each purpose.
18. Repeal of Conflicting Resolutions. All resolutions or
parts of resolutions in conflict herewith are repealed.
19. Ef f ective Date. This resolution shall take effect
immediately.
The undersigned Clerk of the City of Virginia Beach, Virginia,
certifies that the foregoing constitutes a true and correct extract
from the minutes of a regular meeting of the Council held on the
7th day of May, 1990, and of the whole thereof so far as applicable
to the matters referred to in such extract.
WITNESS my signature and the seal of the city of Virginia
Beach, Virginia, this _ day of May, 1990.
(SEAL)
Clerk, City of Virginia Beac
Virginia
CITY OF VIRGINIA BEACE, VIRGIMIA
CALENDAR OF EVENTS FOR PROPOSED GENERAL OBLIGATION BOND SALE
Date item Respon
April 16, 1990 Letter to City Council on City Staff/
plans for Bond Sale including Financial Advisors
issue size and calendar
April 24, 1990 First Draft of P.O.S. City Staff/
(from Printer) Financial Advisors
May 7, 1990 Bond Resolution and Second city council/
Draft of P.O.S. Bond Counsel
May 8, 1990 File Court Order City Attorney
May 10/11, 1990 Rating Agency Meetings City Staff/
Financial Advisors
May 16, 1990 P.O.S. mailing City Staff/
Financial Advisors
May 17, 1990 summary Notice of Sale in Financial Advisors
Bond Buyer
May 18, 1990 Publish Notice of Court order City Clerk
May 23, 1990 Sale Date - special Meeting City Council/
of City Council Financial Advisors
May 30, 1990 Mail - Final O.S. City Staff/
Financial Advisors
June 81 1990 Closing Bond Counsel/
City Staff
PROPOSED $40,000,000 GENERAL OBLIGATION BOND SALE
PROJECT LISTING
1989 SCHOOL REFERENDUM
Total
Prolect Referendum
1-006 Various School Site Acquisitions 2,000,000
1-991 Bayside High School Modernization 3,380,000
1-011 London Bridge Rd. Elementary School 8,116,000
1-982 Farmer's Market/Green Run
Elementary & middle Schools 19,931,000
1-026 Elementary School Gym Additions 9,450,000
1-003 Kellam High School Modernization 2,050,000
1-022 West Kempsville High School 23,448,000
Total 5 000
Proposed Sale Amount - @15,000,000
1987 COMMUNITY CENTER REFERENDUM
Total
Prolect Referendum
4-801 Great Neck $ 9,500,000
4-926 Bow Creek 3,350,000
4-944 Southeast 10,000,000
4-945 Bayside 10,000,000
Total 50 000
Proposed Sale Amount 0 000
1987 ROAD BOND AUTHORITY
Total
Prolect Referendum
2-091 S. Independence $ 4,562,100
2-092 Northampton IIA 1,483,292
2-083 Indian Lakes Blvd. Ph. II 1,954,608
Total 0 000
Proposed Sale Amount 0 000
1989 CHARTER BONDS
SCHOOL PROJECTS:
1-020 Landstown Municipal Property
Utility Upgrade Design $ 138,000
1-974 Williams Elementary School
Renovation 73,000
1-970 School Bus Maintenance Facility 150,000
Total school Projects 361,000
ROADWAY PROJECTS:
2-040 West Neck Bridge $ 135,765
2-041 South Plaza Trail Bridge 534,772
2-042 Mill Dam Bridge 656,351
2-036 Roadway Advanced Land Acquisition 85,000
2-833 First Colonial Road - Phase III 25,000
2-075 Rosemont Road - Phase IV 1,490,100
2-039 Dam Neck Road - Phase I 15,107,868
2-820 Princess Anne Road - Phase III 1,368,582
2-831 Independence BoUlevard - Phase III 1,698,376
2-007 Constitution Drive 198,889
2-810 Centerville Turnpike - Phase IA 81,000
2-929 Virginia Beach Boulevard - Phase III 312,528
2-987 Independence Boulevard - Phase IV 1,722,844
2-080 Indian River Road - Phase V 173,887
2-096 Ferrell Parkway - Phase V 440,000
2-129 Elbow Road Bridge 100,000
2-132 London Bridge Road Extended 120,000
2-135 Lynnhaven Drive 236,000
Total Roadway Projects 24,486,962
STORMWATER PROJECTS:
2-017 City Stormwater Management Study $ 100,000
2-110 Sbuthhall Quarter Drainage 246,000
2-819 Ocean Park
Storm Drainage - Phase II 229,186
2-815 Stumpy Lake Hydraulic Study and
Drainage Improvements 134,482
2-909 Canal #2 - Phase II 90,000
2-018 Rudee Inlet Bulkhead 27,089
2-823 Salem Canal Improvements 2,400,368
2-712 Dredging Eastern Branch Lynnhaven
River 200,000
2-800 Lynnhaven Colony Drainage 30,000
2-117 Wolfsnare Ditch Improveraents 232,875
Total Stormwater Projects 3,690,000
2
BUILDING PROJECTS:
3-910 Kempsville Library and Public
Safety 453,540
Total Building Projects $ 453,540
PARKS AND RECREATION PROJECTS:
4-917 Red Mill Farms Park 208,498
Total Parks and Recreation Projects 208,498
TOTAL 1989 CHARTER BOND ISSUE @29,200,000
Proposed Sale Amount Charter Issue 0 000
3
- 30 -
Item VIII-I.
CONSENT AGENDA ITEM # 32773
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
APPROVED in ONE MOTION Items I and 2 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
May 7, 1990
- 31 -
Item VIII-1.1.
CONSENT AGENDA ITEM # 32774
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-150 of
the Code of the City of Virginia Beach, Virginia,
re flashing, blinking or alternating colored
lights.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
Ma 7
APYROVED AS TO CONTEN7'
SIG@IATURE
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 21-150 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO OTY ATTORNEY
5 FLASHING, BLINKING OR
6 ALTERNATING COLORED LIGHTS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 21-150 of the Code of the city of virginia
10 Beach, virginia, is hereby amended and reordained to read as
11 follows:
12 Section 21-150. Flashing, blinking or alternating colored lights.
13 (a) enly these vehieles ld:sted j:n seeti:en 2-1 -16(a) and
14 seheel buses may be eqaj:pped #iith f-larhing, blinlii:ng er-
15 alternating Eed emergeney lights ef a type appeeved by
16 supee!ntende @.
17 (b) Vehieles ased f-er- the pr-j:neipal p1/2tr-pese ef te1/2iing er-
18 servielng disabled vehieles er in eenstraeting, maintaining @
19 r-epaj:r-j:ng hig@iayb er- atA:Iitj:es en er- aleftg pabile hi:gh1/2fay-I
20 ;.FP7A i PI PI; ;l F;Pd f-ar- the pr-inei:pal par-pere ef r-eme-ving hasar-de1/2i@
21 pellating f--r-A-FR state 1/2iater-r, and dr-ainaeje ar-ear. en er-
22 aleng pttbl:ie hi:ghiiays fer- use anly 1/2ihen per-f-er-Fning Bdeh duti:es al-IOU
23 hi: EaiLl vehieles may be eg1/2tj:pped %#!th flashing, blj:n!Ei:ng B*
24 alteenating lights ef- a type appr-eved by @
25 super-A:ntendent-, but sueh lights an hi: r-all vehj:eles sha3:1 -be
26 aeti:yat=ed E)nly 1/2ihen sueh Yehieles aFe epeeated en
27 pr-ovided, he1/2iever-, that ;.FP-7Ai-F-IF-r, l@F;pLi by ind4:vidaals f-ei- eFner-gene!,@
28 sne1/2i r-eFRe1/2-al pur-peses shall alse be alle1/2#ed te tise sueh afaber-
29 @iarning lights dur-ing sueh sne1/2i r-emeyal eper-atie@
30 (e) iiigh intensity @er- I:i:ghts, as pr-eser-izbed by the
31 sapeeintendent, shall be fequ!Eed te be used en any vehiele %i@
32 is engaged !R the tei,;Ing ef- a Fnanuf-aetur-ed heusi:ng urj:t and r.
33 alse be r-equ4--r-p-g- -gFi #-?Ap- iapper- r-ear- eng- R-f- iini-t being te1/2fed-
3 4 (d4 A membee ef any fife departfnert, Vel'aBteeE fir-e e8FRPaRY
35 er- velunteer- r-esette sqtiad Faay equip one vehi:ele e1/2oned by *-:Iqp-
36 faember- 1/2iith ne Foer-e than t1/2oe (2) flashing er- rteady bur-R!Rg @
37 lights ef a type appre-veel by the s1/2tperintenelent fer use by MeFnbeEs
3 8 enly in -...-.,-..ey ealls.
39 (e) Biae lights, steaely eE flashirg, ef a type aPPE8VeEl b!,x
40 the stiper-intenelent shall be EeseEved er e!Vil defpngp ;pF-?AiF-Iee-
41 pabliely oE priyatel:y e1/2i
42 (f) @i8 FRBter- ;@FF-7Ai,,4F, -;I;all be eper-ated en any hj:gh1/2iay 1/2ohieh 4--r,
43 equipped 1/2o!th any lighting Eleviee athee thar laFRPB Eeguired ef
44 peFFnitted iii this ehapter er Eequ!Eed er appreved by the
45 s1/2ipee!ntendent ef- EequiEeEl by the feEleEal depaEtfneRt F;f
46 tEaRsper-tati@.
47 (g) Any per-seii vielat=ing the pr-elvj:sj:ens ef- this seetien
48 shall be guilty ef a elass 1 FRisdeme@
49 (a) Only law enforcement vehicles may be equipped with
50 f lashing, blinking or alternating blue or blue and red combination
51 warning lights, which shall be of types approved by the
52 Superintendent.
53 (b) Only the following vehicles may be equipped with
54 flashing, blinking, or alternating red or red and white
55 combination lights which shall be of types approved by the
56 Superintendent:
57 (1) Fire apparatus;
58 (2) Forest warden vehicles;
59 (3) Ambulances, rescue and lifesaving vehicles;
60 (4) Private security vehicles as specifically provided by
61 Code of Virginia S 46.2-1023;
62 (5) Personally owned vehicles of fire department, volunteer
63 fire department or volunteer rescue squad members,
64 provided that such light(s) shall be activated only when
65 answering emergency calls;
66 (6) School buses.
2
67 (c) only the following vehicles may be equipped with
68 flashing, blinking or alternating amber warning lights, which
69 shall be of types approved by the Superintendent:
70 (1) Vehicles used for the principal purpose of towing or
71 servicing disabled vehicles;
72 (2) Vehicles used in constructing, maintaining and repairing
73 highways or utilities on or along public highways;
74 (3) Vehicles used principally for removing hazardous or
75 polluting substances from state waters and drainage
76 areas on or along public highways;
77 (4) Vehicles used for servicing automatic teller machines;
78 provided such light(s) shall not be activated when the
79 vehicle is in motion;
80 (5) Vehicles used in refuse collection;
81 (6) Vehicles used by individuals for emergency snow removal
82 purposes;
83 (7) High rail vehicles, when operated on railroad rails; and
84 (8) Vehicles engaged in either escorting or towing over-
85 dimensional materials, equipment, boats or housing
86 units, as provided by Virginia Code S 46.2-1026.
87 (d) Such flashing, blinking or alternating lights shall only
88 be lit when performing the functions which qualify the vehicles to
89 be so equipped. It shall be unlawful to operate on any highway
90 any motor vehicle equipped with such lighting devices, except as
91 provided by this section or Code of Virginia S 46.2-1026 et. seg,
92 Adopted by the Council of the City of Virginia Beach,
93 Virginia on the 7th day of May 1990.
94 WEB/ccm/dga
95 03/14/ 90
96 04/09/90
97 CA-03663
98 \ordin\proposed\21-150.pro
3
- 32 -
Item VIII-I.2.
CONSENT AGENDA ITEM # 32775
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$3,294.99 upon application of Certain Persons and
upon certification of the City Treasurer for
Payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
Ma 7 1990
FORM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURF-R
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D:!e Penalty int. Total
Y ear of Tax Number tion No. P id
Barclays American Mort Corp 90 RE(1/2) 14772-8 12/5/8,
R D & lngr4d RaPAPtt 99 Rg(2,/2) 6299 9 i/3i/9n
Dominion Bankshares Mort Corp 90 RE(1/2) 68137-4 12/5/89 945.74
Barbara L Vandeventer 90 RE(1/2) 116535-9 11/30/89 62.43
John H Hill Jr 90 RE(1/2) 115524-4 12/5/89 97.70
John H Hill Jr 90 RE(1/2) 50319-2 12/5/89 146.55
Ameribanc Savings Bank 90 RE(1/2) 68911-6 12/1/89 44.67
Edward L & Roxanne Kessler 90 RE(1/2) 60069-3 12/5/89 73.28
Ticor Realty Tax Service 89 RE(1/2) 104343-0 12/5/88 368.95
Ticor Realty Tax Service 89 RE(2/2) 104343-0 6/5/89 368.95
Life Savings Bank 89 RE(1/2) 83453-2 12/5/88 16.01
Life Savings Bank 89 RE(2/2) 83453-2 6/5/89 16.01
Edward D &,Roxanne Kessler 89 RE(1/2) 59153-5 11/15/88 61.76
Edward D & Rox@nne Kessler 89 RE(2/2j 59153-5 6/5/89 61.76
Lomas Mortgage 87 RE(1/2) 6986-1 2/27/87 7.06
Lomas Mortgage 87 RE(2/2) 6986-1 6/5/87 6.38
Lo@as Mortgage 88 RE(1/2) 7268-7 12/5/87 13.96
Lomas Mortgage 88 RE(2/2) 7268-7 6/5/88 13.96
Citicorp Mortgage 88 RE(1/2) 118258-4 12/3/87 140.30
Lomas Mortgage 88 RE(2/2) 118258-4 7/28/88 156.80
Lomas Mortgage 89 RE(1/2) 121725-2 11/29/88 214.50
Lomas Mortgage 89 RE(2/2) 121725-2 6/5/89 214.50
Clinton Cornick Sr 90 RE(1/2) 23622-1 12/5/89 170.98
Mable E Lee 90 pp 222838-0 1/30/90 10.44
Carl R Barr 89 pp 258269-2 1/12/90 15.27
Frank Sherman 90 Dog V19556 1/9/90 7.00
Frank Sherman 90 Dog V19557 1/9/90 2.00
Richard & Teresa Kole N/A Pkng 305709 10/10/89 20.00
Total 3,692.cl-
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling as to p
$3,294.99 were approved by
the Council of the City of Virginia
Beach on the 7-day of May, 1990
Jo@ T. Atkihson, Tre-asurer
Approved as to form:
Ruth Hodges Smith
City Clerk
,@e . Lilley, City
- 33 -
Item VIII-J.
APPOINTMENTS ITEM # 32776
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ARTS AND HUMANITIES COMMISSION
EROSION C " ISSION
MEDICAL COLLEGE OF HAMPTON ROADS
SOCIAL SERVICES BOARD
SOUTHF,ASTERN VIRGINIA PLANNING DISTRICT COMMISSION
SPORTS AUTHORITY OF HAMPTON ROADS
TIDEWATER C ITY COLLEGE BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
- 34 -
Item VIII-L.l.
NEW BUSINESS ITEM # 32777
BY CONCENSUS, City Council REMOVED FROM THE AGENDA:
CANCEL/RESCHEDULE CITY COUNCIL SESSION
Monday, June 18, 1990 (United States Conference of Mayors)
- 35 -
Item VIII-L.2.
NEW BUSINESS ITEM # 32778
ADD-ON
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council:
DIRECTED the PLANNING COMMISSION to consider and make
recommendations, in compliance with a Resolution adopted
March 26, 1990, as scheduled, May 8, 1990, for the following:
Tree planting, preservation and replacement
Ordinance for Residential Subdivisions;
Amendment to the parking lot landscaping Ordinance;
Specifications and standards for planting;
Amendment to Section 203 of the City Zoning
Ordinance re off-street parking requirements; and,
Modification of certain development regulations.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 36 -
Item VIII-M.I.
ADJOURNMENT ITEM # 32779
Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the
Meeting at 4:50 P.M.
Beverly t3: Hooks
Chief Deputy City Clerk
-Kuth Hodgffs Smith, CMC Mey6ra Oberndo@f
City Clerk Mayor
City of Virginia Beach
Virginia