AUGUST 15, 1988 MINUTES
'WORLD'S LARGEST RESORT Crff'
CITY COUNCIL
MAYOR -- E. OMM@". A,
WYOR ROBERT Vi,i..
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MUNICIPAL CENTER
A-1 V WIM, JR,. Ci., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
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Angust 15, 1988
ITIM I. CITY MANKGER'S PRESE19TATION - ConfereDre Room 10:00 AM
A. CIP - RESCRT AREA
ITEM II. CONFERENCE SFSSION - COnference Rom 10:30 AM
A. CITY COUIUIL CONCERNs
ITEM TII- CITY MANAGER'S BRIEFING - Conference RDom 11:00 AM
A. TRT LIGHT RAIL
James C. @hols, Fxecutive Director
Tidewater TranspOrtation District Commission
ITEM IV. INFCRMAL sEssioN Conference Room 1:00 pl4
A. CALL TO OPDER - Mayor Meyera E. Oberrdorf
B- ROLL CALL OF COUNCIL
C. RECESS TO EXWURIVE SESSION
1TEM V. FCRNAL SESSIOII - Comcil Ctiamber - 2., 00 PM
A. I14VOCATION.- Rabbi Israel Zoberman
Reform Jewish Congregation
B. PLEDGE CP ALLEGIANCE TO THE FIAG CF THE UNITED SFATES CE AMERICA
ELEC'fRONIC ROLL CALL OF CITY COUNCIL
C. MINURES
1. INFCRMAL & FORMAL SESSIONS - August 8, 1988
D. CITY MAN&GERIS REPCRT
1. SO@STERN EXPRESSWAY - Quarterly Briefing
John Martz, Virginia Department of Transportation
E. RESOLUTIONS
1. resolution approving the iss--ce of Industrial Develolment Revenue
Boncls:
Trigon Industries, Inc. $2, 505, 377. 00
(Ref unding)
Busch Manufacturing Ccmpany $2,500,000.00
2. Resolutions directing the pl@ning CDmmission to make
recommeridation to City Council concerning:
a. Amendments to AG-l/AG-2 Classifications (Alternative 1).
b. Proposed ordinance to require a use permit for the construction
of septic tanks and/or drain fields for septic tanks in the
AG-1 District (Alternative 2).
C. Proposed amendment to the Subdivision Ordinance to provide that
subdivision plats in the AG-1 and AG-2 Districts shall be
reviewed and approved or denied, by the CLty Cc>uncil
(Alternative 3).
Deferred August 8, 1988
F. CRDINANCES
1. EWROACH14ENT
a. INTERNATIONAL L'EISURE CORPORATION (Royal London @x Museum)
Maintain existirig encroachment by signage upon marquee at
16th Street and Atlantic Avenue (Virginia Beach BDrough)
2. Ordinance to transfer $50,000 from @serve for ODntingencies for
development of master plan for Seashore State Park.
G. CONSENT AGENM
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City oc)uncil and will be enacted by one
motion in the form listed. If an item is removed from the Oonsent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to AMEND and RECRI)AIN Section 21-338 of the CC)de of the
City of Virginia Beach, Virginia, re chemical, test for blood
alcohol content.
2. Ordinance to AMEND and REORDAIN Section 2-442 of the ODde of the
City of Virginia Beach, Virginia, re the Military Liaison
Commission.
3. Crdinance upon FIRST RE&DING to ACCEPT and APPROPR3:ATE $14,694
State Grant Funding into the FY 88-89 operating budget of the
Department of Libraries for the Blind and Physically Handicapped.
4. Ordinance upon FIRST READING to APPROPRIATE $2,580 in additional
State Aid Funds into the FY 88-89 operating budget of the
Department of Libraries for acquisition of books ani related
materials.
5. Ordinance upon FIRST RE&DING to APPROPRIATE $50,000 for
Correctional Center expenditures food and food service items.
6. Crdinance upon FIRST READING to APPROPRIATE $303,106 and transfer
$7,364 to fund nineteen additional temporary positions within the
Sheriff's Department operating budget.
7. Ordinance to TRANSFER $317,555 frc)m sources within the Department
of General Services to provide appropriate funding for year-end
electrical expenditures.
S. Ordinance to TRANSFER $31,710 within the operating budget of the
Department of Data Processing for additional and replacernent
computer equipment.
9. Utility Project for 51% Neighborhood Participation:
Brock's Bridge Sanitary Sewer $67,000
Deferred August 1, 1988
1 0. Pesolution requesting Department of Mransportation to accept new
streets for urban maintenance payments.
11. Ordinance authorizing tax refunds in the amount of $2,263.22.
12. Ordinance authorizirig license refunds in the amount of $4,295.89.
H. MPINIS13ED BUSINESS
I. MIN BUSXNESS
J. ADTOURMENT
CITY COTACIL SESST.ONS
RESCHEDULED
AUGUST 29, 1988 2:00 PM
RESCHEDULE OF SEPTIMBER 5
"I.ABOR DAY HOLIDAY"
AND
PUBLIC HEARING
'LAKE GASTON WATER SOURCE"
SEPTEMBER 6, 1988 2-.00 PM
RESCHEDULE OF SEPTEMBER 12
"ROSH ENSIANAH"
OCTOBER 31, 1988 2-.00 PM
RESCHEDULE OF OCTOBER 3
"VTRGINTA MUNICIPAL LEAGUE"
All other Sessions will be in accordance
with the City Code
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 15, 1988
The CITY MANAGER'S PRESENTATION on the RESORT AREA CIP for the VIRGINIA BF.ACH
CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the
Conference Room, City Hall Building, on Monday, August 15, 1988, at 10:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
Councilwoman Reba S. McClanan (ENTERED: 10:07 A.M.)
Councilman John D. Moss (ENTERED: 11:00 A.M.)
Councilman John L. Perry (ENTERED: 11:00 A.M.)
Councilman William D. Sessoms (ENTERED: 10:09 A.M.)
2
C I T Y M A N A G E R 'S P R E S E N T A T I 0 N
CIP - RESORT ARF.A
10:00 A.M.
ITEM # 29850
The City Manager introduced E. Dean Block, Assistant City Manager for Analysis
and Evaluation, who presented information relative the CIP in the RESORT ARKA.
The CIP in the RESORT AREA consists basically of eleven (11) projects totaling
$63-MILLION:
Boardwalk Revitalization
Oceanfront Connector Parks
Resort Streetscape Demonstration Project
City Gateway Project
Resort Parking Improvements
Resort Streetscape Improvements
Public Beach Improvement Program
Rudee Walk
Ocean Walk
Museum Park/Nature Area
Dome Area Development
The program is believed to be "self-contained" and financed through a
combination of continued and gradually enhanced general appropriations, a
parking enterprise fund and, most significantly, a city-wide 1/2cts increase in
the hotel tax and a 1/2cts increase in the restaurant meal tax. These tax
increases, as well as general appropriations, are tied to the length of the
program - 10 years - and will automatically "sunset" at that time. In addition,
at the suggestion of the Resort Leadership Conference, a Resolution to include
a Special 1/2cts Retail Only Sales Tax in the Resort Area in the 1989 Legislative
Package has been included in the proposal.
E. Dean Block distributed a package of information related to the Resort Area
CIP. (Said information is hereby made a part of the record.)
The City is prepared to move forward with the program. Final design work is
underway on the Visitor Information Center. It will complement the Pavilion and
new Arts Genter, creating an impressive "gateway" to the beach. The first phase
of the Atlantic Avenue improvements is essentially ready to bid.
The proposed hotel and meal tax increases are explicitly temporary, expiring in
ten years, and designed to draw revenues extensively if not predominantly from
the resort area itself. The vast majority of hotel tax revenues are paid by
visitors. ApproximatelY 40% of the meal tax is paid by visitors. Depending
upon the family income, the affect would range from approximately 50cts to $1.00
a month. If you took your family out to a moderately priced restaurant several
times a month and spent $150 a month, the total increase in your bill would be
seventy-five cents or $9.00/year.
Councilman Fentress complimented Aubrey V. Watts, Jr., E. Dean Block, the City
Staff and the various entities responsible for this excellent presentation.
- 3 -
0 0 N C E R N S 0 F T H E M A Y 0 R
10:35 A.M.
ITEM # 29851
Mayor Oberndorf advised, relative LAKE GASTON, the City Council has only
received the SURVEY conducted by the Consultants. The Council's discussion has
centered on the REFERENDUM noted in the existing CIP and it has been advertised
for a Public Hearing in accordance with legal requirements if a Referendum is
to be held in November.
Mayor Oberndorf believed a clarification of issues is necessary. More
information is needed if "double barrel" bonds are to be issued, which
obviously would require the commitment of the general public. It would be
approxi,mately $4.56 increase on the water bill each month. Mayor Oberndorf
requested the City Staff prepare the figures on the impact to the existing
customers and new customers if only "revenuell bonds are to be utilized to
finance LAKE GASTON. Obviously, this would afford the opportunity for the
public to decide how much investment it is willing to accept in their monthly
bills for LAKE GASTON. For all the information to be carefully evaluated by the
general public and members of City Council, it is necessary to know how "double
barrel" bonds benefit, as well as the fact the City is utilizing the water
resource recovery fees at hook-up and the existing customers to pay for the
project, so it is paid 50% by new customers and 50% by present customers, as
opposed to straight Revenue Bonds. How much would the utilization of straight
Revenue Bonds inflate the cost of water and sewer service?
The City Manager will prepare the various financing options relative LAKE
GASTON plus the impact to the City's existing customers as well as the new
customers.
ITEM # 29852
Mayor Oberndorf reiterated her desire for the City Council to spend the day
together for strategic long-range planning within the boundaries of the City of
Virginia Beach. The press would be welcome to attend. Mayor Oberndorf
suggested late September or October. The Ci,ty Council would appoint a
DISCUSSION LEADER in order to utilize the time wisely.
The City Manager will prepare a report relative the press corps and neighboring
states who have had a favorable and positive experience from this mode of
strategic planning in an open and responsible manner.
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C I T Y C 0 U N C I L C 0 N C E R N 3
ITEM # 29853
Councilman Fentress suggested the possibility of a WATERWAY TASK FORCE to study
the City's Waterway for a certain period of time to make recommendations to
City Council and the Staff. This TASK FORCE should be composed of
representatives from the Corps of Engineers, the Coast Guard, as well as other
agencies involved in the WATERWAYS.
The City Manager advised an additional level of enforcement i.e. the unmarked
boats was effective in protecting the WATERWAYS. The City Manager will contact
the various agencies and prepare various alternatives to protecting the
WATERWAYS.
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G I T Y M A N A G E R IS B R I E F I N G
TRT LIGHT RAIL
10:50 A.M.
ITEM # 29854
Jack Whitney, Envitonmental Co-ordinator, introduced James C. Echols, Executive
Director of the Tidewater Transportation District Commission, Jayne Whitney and
Yolanda Aaron representing TRT, Dave Powers and Michael Sexton - Wilburn Smith
Associates, Mike Goode - Parsons, Brinckerhoff, Quade & Douglas, Inc. and Jim
Hambright - Hambright, Calcagno and Downing.
James C. Echols presented information relative the TRT LIGHT RAIL by an updated
audio-visual format. Hampton Roads is the 28th largest Metropolitan area in the
Nation. The population is 1.3 MILLION. In Virginia Beach, which accounts for
69 percent of the growth in the region, population is expected to increase by
almost 13% just 6 years from now. By the year 2000, it will have increased by
nearly 25%. Studies indicate that in Virginia Beach in 1995 there will be at
least one car for each resident 15 years and older. In Norfolk, there will be
almost two cars per household.
TRT suggested Light Rail Transit as the ideal alternative to more cars on the
highway and in parking lots. It can carry far more people per lane of traffic
swiftly and comfortably without creating air pollution and traffic jams. The
17.7 mile PHASE I of LRT would run between Plume and Granby Streets in downtown
Norfolk to lgth Street near the Pavilion Virignia Beach. Peak service hours
will be the typical drive-time business hours in the morning and afternoon
Monday through Friday. Additional service on weekdays and weekends will be
scheduled as needed. There will be 13 passenger stations, six with park and
ride facilities. LRT trains as well as all stations will be accessible for the
handicapped. An extensive system of additional feeder bus routes will be added
to complement the Light Rail Service. LRT's similar to that envisioned for
Norfolk/Virginia Beach have recently been introduced in San Diego, Portland,
Pittsburgh, Buffalo, Indiana and Calagry in Canada.
Dave Powers of Wilbur Smith & Associates presented via a series of slides the
findings of the Rail Passenger Study. The Major TASKS entailed:
Alignment Extensions
Station Locations, Access and Design
Street Tntersection Treatments
Bus Feeder Services
Yards and Shops
Fare Collection System
Environmental Assessment
Financial Plan
Naval Base Extensions
6
C I T Y M A N A G E R IS B R I E F I N G
TRT LIGHT RAIL
ITEM # 29854 (Continued)
Dave Power reiterated the RAIL SYSTEM OVERVIEW:
Rail Line Length 17.7 Miles
No. of Stations 13 Stations
Population System Electrified Overhead
Catenary
Vehicles Per Train 2 initially; 3 about
Year 2000
Capacity per Vehicle 160 rides (64 seated,
96 standing)
Operating Hours 6:00 AM to 10:00 PM
Mon - Thurs.
6:00 AM to 12:00
Midnight Fri. & Sat.
7:00 AM to 10:00 PM
Sunday
Peak Service Hours 6:00 AM to 9:00 AM
Mon.-Fri.
3:30 PM to 6:30 PM
Mon. - Fri.
Headway Frequency 15 minute peak, 30
minutes off peak
Weekday Ridership (Avg.) 17,100 resident,
1,600 non-resident
Maximum Speed 50 mph
Travel Time 40 minus end to end
Passing Sidings Downtown Norfolk
Terminal
Bessie's Place
Ingleside (west of
Broad Creek)
Newtown Road
East of Euclid Road
Lynnhaven Road
Great Neck Road
East of Sykes Avenue
Norfolk Avenue to
Pavilion
As part of the Traffic Impact Analysis, the consultants investigated in a
preliminary screening procedure 23 crossings which were narrowed to 15 where
major impact might be expected. The results of these analysis have led to the
identification of several roadway improvements which can minimize the impact of
the proposed LRT system on traffic flows in the surrounding road system. These
improvements have been incorporated into the project plan, and include
intersection improvements at City Hall Avenue and St. Paul's Boulevard, St.
Paul's Boulevard and Plume Street, as well as Park and Brambleton Avenue.
Roadway widening has been recommended along South Birdneck and the LRT tracks
will be constructed on grade separated structures over Independence Boulevard
and Constitution Drive.
- 7 -
C I T Y M A N A G E R IS B R I E F I N G
TRT LIGHT RAIL
ITEM # 29854 (Continued)
Dave Powers presented a slide depicting the Automated Fare Collection system.
Approximately 18,700 riders can be expected on the Norfolk-Virginia Beach LRT
daily in the year 2005. (17,100 Resident, 1,600 (Non-Resddent). This
translates to 5.78-MILLION riders annually.
Michael Goode of Parsons, Brinkerhoff Quade & Douglas, Inc., advised the cost
for the Construction and Acquisition, Equipment and Vehicles is $91.5-MILLLION
and the EngiTieering and Program Management is $10.5-MILLION for the System
would result in a total CAPITAL COST FSTI14ATE of $102-MILLION.
Several areas were examined to identify ways in which the $102-MILLION would be
acquired. The Federal Government Source was, by consensus at the beginning of
the Study, set aside. Under the current administration, there is a strongly
stated policy there will be no support for new rails. The alternative of
private money was also examined. Because of the tax impacts of the tax reform
act of 1986, this was also put aside. The State was the next source, The
Commonwealth Transportation Trust Fund could participate possibly for as much
as $5-MILLION per year. With the expectation of a Bond issue in 1990 and this
yielding a debt service annually of approximatley $9-MILLION, the State
contributing $5-MILLION per year toward the debt service, this leaves a local
contribution required of $4-MILLION. Michael Goode outlined the various methods
to accomplish the local contributions:
(1) Direct contribution from General Revenues of the two Cities
(2) .02 Regional Gas Tax assigned to Debt Service
(3) City issue bonds for their share of total Capital.
Allocation of Capital Costs
Requirements Concepts Measures
Equity Rider Benefit Passenger Miles
Accuracy Community Benefit
Administrative Ea*se (a) Workplace Benefits Number of Work
alightings
(b) Economic Development Number of Jobs
Created
Dave Powers reiterated the Four alignment options for Rail Extension to the
Naval Base:
Use Existing Rail Line - The railroad has too much
freight service and too many rail spurs on section
"C". The monetary cost and environmental impact of
an elevated structure is prohibitive.
Norchester Avenue/Ballentine Boulevard - This would
affect street operations and in-street LRT
operatioTis are slow (8-12 mph typically). Slow
speeds would make the LRT less attractive to
commuters.
Ingleside Road - The LRT would have to connect with
the rail freight line in the prohibited IIC?T
section.
I-264 - The LRT could alternatively be placed in
the I-264 median north to where it could connect
with the rail freight line right-of-way. The
median, however, is currently planned for "High
Occupancy Vehicle" (HOV) Lanes.
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ITEM # 29855
The INFORMAL 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, August 15, 1988, at 12:35 P.M-
Counci,l 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
- 9 -
ITEM # 29856
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL 14ATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, 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. 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
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 15, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
August 15, 1988, 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: Rabbi Israel Zoberman
Reform Jewish Congregation
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item V-C.l.a.
MINUTES ITEM # 29857
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, Ci.ty
Council APPROVED the MINUTES of the August 4, 1988, RECONVENFD EXECUTIVE
SESSION of the City Council Meeting of August 1, 1988.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, 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 Abstaining:
Harold Heischober
Council Members Absent:
None
*Councilman Heischober ABSTAINED as he was not in ATTENDANCE at the RECONVENED
EXECUTIVE SESSION Session of August 4, 1988-
12 -
Item V-C.l.b
MINUTES ITEivi # 29858
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of the City
Council Meeting of August 8, 1988.
Councilwoman McClanan CLARIFIED ITEYI # 29820, Page 11, Condition #14,
(application of MARGARET A. DRUMMOND, JAMES R. & MARGUERITE D. JOHNSON):
The agreement, which dill be submitted by the
attorney for the property owners in this
application, will be recorded with the Clerk of the
Circuit Court.
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
13 -
Item V-D. 1 .
CITY 14ANAGERIS REPORT
SOUTHEASTERN EXPRESSWAY ITEM # 29859
The City Manager introduced Al Nash, District Engineer in Suffolk, Virginia
Department of Highways, who presented the quarterly briefing of the
SOTJTHEASTERN EXPRESSWAY.
Al Nash further introduced those participants in attendance: Ken Lance,
Assistant Urban Engineer; Ken Wilkerson, Environmentalist with the Richmond
Urban Office; John Martz, Project Co-ordinator; Peter 0. Tacelli, Project
Engineer, with the MAGUIRE GROUP.
Peter Tacelli presented a "photo mosaic" of the project which has been
displayed in the Municipal Center. Initially when the second Public Information
meetings were conducted in March, a total of 2 Candidate Build Alternatives
were recommended to the public, which could be combined into six (6) different
combinations. As a result of these Public Information Meetings, several
suggestions for alternative routes were brought before the Virginia Department
of Transportation.
Several more routes have been added. A Citizen Action group suggested a more
southerly alternative in the Elbow Road Area. As a result of their suggestion
and the Department's evaluation, a new Alternative B.2. was added for
additional study. In the Landstown Road vicinity, there were some areas being
effected by the proposed Highway, the Citizen Action group suggested another
location for the Highway, Alternative B-3. This would come close to the
Municipal Center along Princess Anne Road. Regarding Alternative E on the East
side of Oceana, the Navy had requested the Department study an additional
alignment further east of the alignment displayed at the Public Information
meetings. Alternative E.l. basically follows and is parallel and east of the
existing Virginia Power Lines rights-of-way. Additional alignments submitted,
studied and rejected included:
Alignment suggested by a developer who owned a
large tract of land off of Elbow Road. This was
evaluated and based upon major environmental
concerns, as well as engineering constraints was
rejected from further consideration.
This particular alignment was suggested by the
Staff Members of the Army Corps of Engineers who
are very much concerned with lisecondary"
development especially in the Chesapeake Area,
which would degrade the WETLANDS. Their first
suggestion was an alignment attached to Alternative
A, basically at the Volvo Parkway at Greenbrier,
ran northerly along an existing power line right-
of-way above Stumpy Lake and then cut down to one
of the other alignments. This would result in
increased displacement of houses. There were
geometric problems associated with a sharp curb in
the roadway and partial interchange at Indian
River Road in terms of local access. The Corps
suggested another alternative basically at the
Greenbrier/Great Bridge Bypass. The Consultants
have responded to the Corps advising they do not
recommend this alignment. As the Corps is the
permitting agency, it may be necessary that the
Consultants study this particular alternative
Public Information Meeting #3 was tentatively scheduled for the middle of
October. If the aforementioned route, the Corps recommended, is to be added,
this would entail additional study and therefore the Public Information Meeting
could not be held until November.
- 14 -
Item V-E. 1 .
RESOLUTIONS ITEM # 29860
Upon motion by Councilwoman Parker, seconded by Vice Mayor Fentress, City
Council ADOPTED Resolutions approving the issuance of Industrial Development
Revenue Bonds:
TRIGON INDUSTRIES, INC. $2,505,377.00
(Refunding)
BUSCH MANUFACTURING COMPAYY $2,500,000-00
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, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
SUMMARY SHBET
CITY OF VIRGINIA BEACII DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Trigon Industries, Inc.
2. LOCATION: 1501 Harpers Road
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: Trigon will lease the facility to Controls
CorDoration of America, which will manufacture
gas control devices.
Refunding
4. AMOUNT OP BOND ISSUE: $2,5b5,377-00
5. PRINCIPALS: Sander G. Dukas
Robert D. DeVenio
6. ZONING CLASSIFICATION:
a. Present zoninq
classification of the
Property I-2
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS
FOR TRIGON INDUSTRIES, INC.
WHEREAS, the City of Virginia Beach Development Authority
(the Authority) has considered the application and plan of
financing of Trigon Industries, Inc. (the Company) for the
issuance of the Authority's industrial development revenue
refunding bonds in an amount Two Million Five Hundred Five
Thousand Three Hundred Seventy Seven and 00/100 Dollars
($2,505,377.00) (the Refunding Bonds) to assist in the financing
of the Company's acquisition, of a manufacturing facility (the
Facility) to be located at 1501 Harpers Road in the City of
Virginia Beach, VA, by refunding in part the Five Million and
00/100 Dollars ($5,000,000.00) City of Virginia Beach Development
Authority Revenue Bonds (Airco, Inc. Project), Series 1979, dated
August 1, 1979, and has held a public hearing thereon on August 9,
1988; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Refunding Bonds to comply with Section 147(f) the
Internal Revenue Code of 1986, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1. Code of Virginia,
1950, as amended, a copy of the authority's resolution approving
the issuance of the Refunding Bonds, subject to terms to be agreed
upon, and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with the Council of
the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, virginia,
approves the issuance of the Refunding Bonds by the City of
Virginia Beach Development Authority for the benefit of Trigon
Industries, Inc., to the extent of and as required by Section
147(f) of the Internal Revenue Code, to permit the Authority to
assist in the financing of the Facility.
2. The approval of the issuance of the Refunding Bonds, as
required by Section 147(f), does not constitute an endorsement of
the bonds or the creditworthiness of the Company; but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Refunding Bonds shall provide that neither the City nor the
Authority shall be obligated to pay the Refunding Bonds or the
interest thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or
credit nor the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by a majority of a quorum of the Council of the City
of Virginia Beach, Virginia, on Augh:st 15, , 1988.
CITY OF VIRGINIA BEACH, VIRGINIA
By:
2
FISCAL IMPACT STATEMENT
FOR PROPOSIPD INDUSTRIAL REVENUE BONO FIN@NCING
DATE: 7/14/88
TO: T[117 CITY CO@INCIL Or VIRGINIII 3EAC[i, VIRGINIA
PROJECT NAMF,: Trigon Industries, Inc.
TYPE OF FACILITY: Manufacturer of gas control devices
1. maximum amount of financing sought $ 2,505,377 - 00
2. Estimated taxable value o.C the facility's
real property to be constructed i.n tlie
municipality $ N/A
3. 17@timatecl re@il prop@rly tlx p(-Ir yc,--Ir
tising present tax rates $ 27 000. 00
4. T-,Ftimated personal properly tax per
year using present tax rates $ 20,000. 00
5. Estimatd mercliantr,' capitil (btisiness
1-icense) tax per year uri.iiq pr(,,Sent tax
rates $
6. Estimated dollar value I?er year of goods
and services that will t)e plircliased,
locally $ 299,516. 00
7. Esti.mated number of r@gulir cinployces on
year round basis $ 134
8. Average annual 5alary per employee $ 21 000. O@
The information contiine(I in tliis Stat(-,ment is basecl solely
on facts and estimates provided by the Applicant, and tlie
Auttiority lias Triide no inclepen(lent investigation witli repcct
tlic,reto.
City o[ Virginia Beach
Development Authority
13y
Ecollowic Ilill)gct Stnteule"t
Amousit of laivestmesit
2. Amotitit of iiidustrial revellue boild f ltialicliog
2,505,377.00
3. ErLiiiiated taxible value of tile facility'l;
te.il J,tol)erty Lo be coi)structed lit tile City
of VII-giiiii lteacit $ /A
/i. I-IstliiiaLed ieal llr(,I)erty Lax i,er year lisjllg
l,reseiiL tax rale 27,000.00
5. EsLiluated I)ersoiial property tax $
6. I-leolioinic iiiil,acl slateitieiit deinol%slrntiiig Lite
overall relurii Lo Llie city:
A. Iluiiiber of iiew jobs ossible
U. Payroll getierated 051,6 000.00 Av. 14age @21 annually
C. Iluiiibei: of jobs relalited
1). rayroll retiiiied $2,814,000.00 Av. Wage $21,000.00
E. EstilonLe of Llie vnlue of
gooldo atid iervices l,urcitased
wltislit Llie geogril,ltic houtidery of VJ.rgittia Dencli by
Lyl)e (iiiveiitory, Tiiaciiiii@ry, litofeaf;ioiial services,
iiisuraitce, inotor veliicies, etc.):
*l*ylle Value
Motor Veiiieles $554.00
Professiciial Services $133 1/,0.00
Inventory
TOTAL 299,516. 00
F Estimated buildilig perniit fee atid otlier oiutiicipal NIA
f ees
Estimated coiistruclion payroll NIA
Erti,eated value of cOnstructiOn material
to be purcliased wltitill tlie City of
vii-giiiia iteacli N/A
1--,,tilli.ILE'd iiuttiber of CollsLrUctiOll jobs
J. Aiiy ollier J.Lellis wlticil Llie aill)lica',L feels
Llie AuLlioriLy sikould be inade aware of ill
evaluititig Llie I)rOject
7. is tike site curretilly zoited for tite specific use beiiig
Zoned
ilroposed for iiidustrial revetiue.boiid financitig? Yes x
lio-
8. lias a botid purcilase agreement/commitmelit beeil accepted by
Llie ii, plicatit? (attacli a co)y) Yea 0
1
9. 14ill tlie I)oiid f iiiaiicitig clc)se witliiii 90 days from tlie
daLe of adol)LIOI) Of Like iiiducemelil resolutioil? Yef, X
10. LocaLioll Of PrOjPct (attacli locatioii inap) 1501 Harpers Road
Virginia Beacii, Virg
11. I:xi,laii,,iLloii of altertiaLJ.ve [iiiaticiiig Llint linr, beeti
reviewed for project
The'ap@licant has until July 31, 1988 to accept the committment letter
from Crestar. @nd has chosen to wait until such time to accept,
if the applicant so chooses.
I hereby certify that to the beat of my knowledge, the
information provided in the above Economic impa ct statement is
accurate and true in all respects.
TRIGON INDUSTRIES, INC.
By
STATE OF VIRGINIA
CITY OF VIRGINIA BEACII, to-wit:
The foregoing document was acknowledged before me this
day of July, 1988, by Robert D. DeVenio, Secretary of Trigon
Industries, Inc., on behalf of the corporation.
otary
my commission expires:
Joii s Mop @ll
LC
Project
tion
ca
r
Trigon Industries, Inc.
1501 Harpers Road
Virginia Beach, Virginia 23454
Manufacturing Facility
4/25/84 EXHIBIT F
SUMMARY SHEET
CITY OF VIRGINIA BEACii DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Busch Manufacturing Company
2. LOCATION: 516 Viking Drive
Virginia B ach, Virginia
3 DESCRIPTION OF PROJECT: Expansion to existing facility for
the production, service ah sa es
of vacuum pumping systems, and
related warehouse and ottice space
4. AMOUNT OF BOND ISSUE: $2,500,000
5. PRINCIPALS: Dr. Karl Busch
Mrs. Ayhan Busch
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property Industrial I-1
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification? N/A
EXHIBIT E
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR BUSCH MANUFACTURING COMPANY
WHEREAS, the City of Virginia Beach Development Authority
(the Authority) has considered the application of Busch Manufacturing
Company (the Company) for the issuance of the Authority's
industrial development revenue bonds in an amount not to exceed
$2,500,000 (the Bonds) to assist in the financing of the Company's
acquisition, construction, and equippinq of a manufacturing
facility for the production, service and sales of vacuum pumping
systems, and related warehouse and office space (the Facility)
to be located at 516 Viking Drive, in the City of Virginia
Beach, Virginia, and has held a public hearing thereon on
August 9, 1988; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to approve
the issuance of the Bonds to comply with Section 103(k) of
the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia,
1950, as amended, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed upon,
and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with the Council
of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Busch Manufacturing
Company, to the extent of and as required by Section 103(k)
of the Internal Revenue Code, to permit the Authority to assist
in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. The Council further resolves to petition the Virginia
Department of Housing and Cormrunity Development (the "Department")
requesting that the Department award a portion of its private
activity bond allocation for industrial revenue bonds in an
amount not to exceed the principal amount of the Bonds.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on August 15
1988.
Exhibit D
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME:
TYPE OF FACILITY:
1. Maximum amount of financing sought $ 2,500,000.00
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality (increase of $2,000,000)$ 3,500,000.00
3. Estimated real property tax per year
using present tax rates (increase of $ 32,000.00
$ 1 9 1 0 0 0
4. Estimated personal property tax per
year using present tax rates (increase of $ 6,000.00
$ 2 , 0 0 0
5. Estimated mercliants' capital (business
license) tax per year using present tax
rates (increase of $3,500) $ 20,000.00
6. Estimated dollar value per year of goods
aiid services that will be purchased
locally $ 100,000.00
7. Estimated number of regular employees on
Ivear round basis (ten add'-tional) $ 110
81 Average annual salary per employee $ 20,000.00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beac
Development Authority
By
Ch,airmanK/
Exhibit H
Ecotiomic Impact Statement
$ 00,000.00
1. Amount of investment
2. A=unt of industrial revenue boad financing
sought $ 2,500,000.00
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach (increase of $2,000,000) $ 500,000.00
4. Estimated real property tax per year using
present tax rate (increase o f $19,000) $
5. Estimated personal property t-(increase of $2,000) $ ?n nnn f)o.
6. Economic impact statement de=nstrating the
overall return to the city:
A. Number of now jobs 10 .. possible
B. Payroll generated $ .200 00 Av. Wage r year
C. Number of jobs retained 00
D. Payroll retained $-2,000,000 Av. Wage $ r year
E. Esti=te of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
ty-pe (inventory, machinery, professional services,
insurance, motor vehicles. etc.):
Type Value
Professional Servi6es $ 40,000
Inventory $ 40,000
Insurance $ 20,000
$
TOTAL $
F Estimated building per,it fee and other municipal$ 00
fees
G. Estimated construction payroll $ 1 0 0 00 0 0
ruction material
H. Estimated value of const
to be purchased within the City Of
Virginia Beach $
I. Fscimated number of construction jobs s
j. Any other @tems which the applicant feels
the kuthority should be made aware of in
evaluating th@.project The_ aiDiDlicant h
corporate citizen irginia Beach since 1975; this
its e pansion and
financing will permit
se emp o revenues to
7 is ththeit@"?!-df-rently zoned for the specific use being
e Zoned
forIindustrial revenue bond financing? ye x
proposed
No
Has a bond purchase agreement/co=itment been accepted by
the applicant? (attach a copy) yes No x
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes x
No
10. Location of project (attach location -P)
Virginia Beach, Virginia 23452 (see map attached)
11. Explanation of alternative financing that has been
zeviewed for projec fixed or floatin
t u
bc)nds guaranteed y a from either Sovran
Bank, N.A. or First Union Corp
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
(Applicant)
Subscribed and sworn to before me this _ day of
1988.
Notary Public
my Commission Expires:
JECT
TION
CEANA
C
PROJECT NAME; Busch Manufacturing Company
PROJECT ADDRESS: 516 Viking Drive
Virginia Beach, Virginia 23452
TYPE OF PROJECT: Manufacturing Facility
1 5
Item V-E.2.
RESOLUTIONS ITEM # 29861
The following spoke in OPPOSITION to the proposed Amendments:
Herbert L. Dail, Jr., 2865 Seaboard Road, Phone; 721-2766
Marvin M. Rollins, Jr., 1521 Mill Landing Road, Phone: 426-6457
Hubert L. Dail, Sr., 3504 Sandfiddler Road, Phone: 426-7090
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, to ADOPT
Resolutions directing the Planning Commission to make recommendation to Ci,ty
Council within 60 days a combination of Alternative 1,Alternative 2 and
Alternative 3 of the following Amendments (applying to Princess Anne Borough
onl.y - portion of the City on the border of the Green Line):
Amendments to AG-l/AG-2 Classifications
(Alternative 1).
Proposed ordinance to require a use permit for the
construction of septic tanks and/or drain fields
for septic tanks in the AG-1 District (Alternative
2).
Proposed amendment to the Subdivision Ordinance to
provide that subdivision plats in the AG-1 and AG-2
Districts shall be reviewed and approved or denied
by the City Council (Alternative 3).
Voting: 2-9 (MOTION LOST TO A NEGATTVE VOTE)
Council Members Voting Aye:
Reba S. McClanan and John L. Perry
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 16 -
Item V-F.l.a.
ORDINANCES ITEM # 29862
ENCROACHMENT
The following spoke in support of the ENCROACHMENT:
Attorney Joseph Mayes, 1100 Sovran Bank Building, Phone: 497-6633, represented
the applicant
George Drucker, 1606 Atlantic Avenue, Phone: 425-3823, the applicant,
represented himself
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
DEFERRED one week until the City Council Meeting of August 22, 1988:
Ordinance authorizing International Leisure
Corporation to maintain, upon certain conditions,
an existing Encroachment by signage upon a marquee
on the premises of the Royal London Wax Museum,
16th Street and Atlantic Avenue, in the Borough of
Virginia Beach.
This DEFERRAL will enable review of the approval of the Variance granted by the
Board of Zoning Appeals on October 20, 1982.
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.
Counci,l Members Voting Nay:
None
Council Members Absent:
None
- 17 -
Item V-F.I.(a)
INTRODUCTION ITEM # 29863
Mayor Oberndorf introduced from the audience a guest of Councilwoman McClanan,
Judy Legg from England. Judy will be a Student at Oxford University majoring
in English Literature and in the future will be majoring in International Law.
- 18 -
Item V-F.2.
ORDINANCES ITEM # 29864
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance to transfer $50,000 from Reserve for
Contingericies for development of master plan for
Seashore State Park.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Abstaining:
John L. Perry
Council Members Absent;
None
*Councilman Perry ABSTAINED as he did not fully understand this particular
item.
EY
AN ORDINANCE TO TRANSFER. FUNDS
IN THE AMOUNT OF $50,000 FUR
A HASTER PLAN FOR SFASHORE STATE PARK
WHEREAS, the City of Virginia Beach, in its interest to preserve and
protect the natural resources of the City, requested in its legislative package
the funding of a master plan for Seashore State Park to guide the management and
utilization of the park, and
WHEREAS, development of a master plan for Seashore State Park is
estimated to cost $100,000, and
WHEREAS, the State has appropriated $50,000 to develop a master plan
for Seashore State Park to be matched by an additional $50,000, and
WHEREAS, the match may be provided by the transfer of appropriations
from the general fund reserve for contingencies with the City to be billed for
the match as the plan is completed.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $50,000 be transferred from the
Reserve for Contingencies for the development of a master plan for Seashore State
Park.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
15 day of August 1988.
KAR/I ORD44.BKW
- 19 -
Item V-G.
CONSENT AGENDA ITEM # 29865
Upon motion by Vice Mayor Fentress, seocnded by Councilman Balko, City Council
APPROVED in ONE MOTION Items 1, 2, 3, 4, 6, 7, 8, 10, 11, 12 of the CONSENT
AGENDA.
Items 5 and 9 were pulled for a separate vote.
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
- 20 -
Item V-G.1
CONSENT AGENDA ITFM # 29866
Upon motion by Vice Mayor Fentress, seoended by Councilman Balko, City Council
ADOPTED:
Ordinance to @D and REORDAIN Section 21-338 of
the Code of the City of Virginia Beach, Virginia,
re chemical test for blood alcohol content.
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
CIT'( ATTf@'@,@Ey
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-338 OF THE CITY CODE OF
3 THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO CHEMICAL
5 TEST FOR BLOOD ALCOHOL CONTENT
6
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That Section 21-338 of the Code of the City of Virginia
11 Beach, Virginia, is hereby amended and reordained to read as
12 follows:
13 Section 21-338. Chemical test to determine alcoholic/drug
14 content of blood.
15
16 tftta. As used in this section, "license" means any
17 driver's license, temporary driver's license or instruction
18 permit authorizing the operation of a motor vehicle upon the
19 highways. The term "Division," as used in this section, means
20 the State Division of Consolidated Laboratory Services.
21 tbtb. Any person, whether licensed by the state or not,
22 who operates a motor vehicle in this city shall be deemed
23 thereby, as a condition of such operation, to have consented to
24 have a sample of his blood or breath or both blood and breath
25 taken for a chemical test to determine the alcoholic or drug or
26 both alcoholic and drug content of his blood, if such person is
27 arrested for a violation of section 21-336, within (2) hours of
28 the alleged offense.
29 fbi:tc. Any person so arrested shall elect to have
30 either the blood or breath sample taken, but not both. If either
31 the blood test or the breath test is not available, then the
32 available test shall be taken. However, it shall not be a matter
33 of defense if the blood test or the breath test is not available.
34 In addition, if the accused elects a breath test, he shall be
35 entitled, upon request, to observe the process of analysis and to
36 see the blood-alcohol reading on the equipment used to perform
37 the breath test. If such equipment automatically produces a
38 written printout of the breath test result, this written
39 printout, or a copy thereof, shall be given to the accused in
40 each case.
41 fb.2tD. A person, after being arrested for driving
42 under the influence of any drug or combination of drugs or the
43 combined influence of alcohol and any drug or drugs, may be
44 required to submit to tests to determine the alcoholic or drug or
45 both alcoholic and drug content of his blood. If a person, after
46 being arrested for any violation of section 21-336, chooses to
47 submit to a breath test in accordance with subsection fbitc. of
48 this section, that person may also be required to submit to tests
49 to determine the drug content of his blood if the law-enforcement
50 officer has reasonable cause to believe the person was driving
51 under the influence of any drug or combination of drugs or the
52 combined influence of alcohol and drugs.
53 feie. If a person, after being arrested for a
54 violation of section 21-336 and after having been advised by the
55 arresting officer that a person who operates a motor vehicle upon
56 a public highway in this city shall be deemed thereby, as a
57 condition of such operation, to have consented to have samples
58 of his blood or breath taken for chemical tests to determine the
59 alcoholic or drug or both alcoholic and drug content of his
60 blood, and that the unreasonable refusal to do so constitutes
61 grounds for the revocation of the privilege of operating a motor
62 vehicle upon the highways of this city, then refuses to permit
63 the taking of samples of his blood or breath or both blood and
64 breath for such test, the arresting officer shall take the person
65 arrested before a committing magistrate. If he again so refuses
66 after having been further advised by such magistrate of the law
67 requiring blood or breath or both blood and breath tests to be
68 taken and the penalty for refusal, and so declares again his
69 refusal in writing, upon a form provided by the division, or
70 refuses or fails to so declare in writing and such fact is
71 certified as prescribed in subsection f@fP. of this section, then
72 no blood or breath sample shall be taken even though he may
73 thereafter request same.
2
74 tdIF. Only a physician, registered professional nurse,
75 graduate laboratory technician or a technician or nurse
76 designated by order of a circuit court acting upon the
77 recommendation of a licensed physician, using soap and water to
78 cleanse the part of the body from which the blood is taken and
79 using instruments sterilized by the accepted steam sterilizer or
80 some other sterilizer which will not affect the accuracy of the
81 test, or using chemically clean sterile disposable syringes,
82 shall withdraw blood for the purpose of determining the alcoholic
83 or drug or both alcoholic and drug content thereof. It shall be
84 unlawful for any person to reuse single-use only needles or
85 syringes. Any person convicted of reusing single-use only
86 needles or syringes shall be guilty of a Class 3 misdemeanor. No
87 civil liability shall attach to any person authorized to
88 withdraw blood as provided herein as a result of the act of
89 withdrawing blood from any person submitting thereto, provided
90 the blood was withdrawn according to recognized medical
91 procedures. The foregoing shall not relieve any such person from
92 liability for negligence in the withdrawing of any blood sample.
93 td-IIG. Adequate portions of the blood sample so
94 withdrawn shall be placed in vials provided by the Division,
95 which vials shall be sealed and labeled by the person taking the
96 sample or at his direction, showing on each the name of the
97 accused, the name of the person taking the blood sample and the
98 date and time the blood sample was taken. The vials shall be
99 divided between two (2) containers provided by the Division,
100 which containers shall be sealed so as not to allow tempering
101 with the contents vials. The arresting or accompanying officer
102 shall take possession of the two (2) containers holding the vials
1 0 3as soon as the vials are placed in such containers and sealed,
104 and shall transport or mail one of the containers forthwith to
105 the Division. The officer taking possession of the other
106 container (hereinafter referred to as second container) shall,
107 immediately after taking possession of the second container, give
108 to the accused a form provided by the Division which shall set
109 forth the procedure to obtain an independent analysis of the
3
110 blood in the second container, and a list of those laboratories,
ill approved by the Division, and their addresses. Such form shall
112 contain a space for the accused or his counsel to direct the
113 officer possessing such second container to forward that
114 container to such approved laboratory for analysis, if desired.
115 The officer having the second container, after delivery of the
116 form referred to in the preceding sentence (unless at that time
117 directed by the accused in writing on stch the form to forward
118 the second container to an approved laboratory of the accused's
119 choice, in which event the officer shall do so), shall deliver
1 20 the second container to the chief of police or his duly
121 authorized representative. The chief of police or his
1 2 2 representative upon receiving same shall keep it in his
1 2 3 possession for a period of seventy-two (72) hours, during which
1 2 4 time the accused or his counsel may, in writing, on the form
125 provided for hereinabove, direct the chief of police to mail such
126 second container to the laboratory of the accused's choice chosen
127 from the approved list.
128 t6-2fH. The testing of the contents of the second
129 container shall be made in the same manner as hereafter set forth
130 concerning the procedure to be followed by the Division, and all
131 procedures established herein for transmittal, testing and
1 3 2 admission of the result in the trial of the case shall be the
1 3 3 same as for the sample sent to the Division, provided that an
134 analysis of the second blood sample to determine the presence of
135 a drug or drugs shall not be performed unless an analysis of the
136 first blood sample by the Division has indicated the presence of
137 drugs.
138 f el-31 I . A fee not to exceed twenty-five dollars
139 ($25.00) shall be allowed the approved laboratory for making the
140 analysis of the second blood sample, which fee shall be paid out
141 of the appropriation for criminal charges. A fee not to exceed
14 2 the amount established on a schedule of fees to be published by
1 43 the Division for the required procedure or procedures shall be
1 4 4 allowed the approved laboratory for making an analysis of the
145 second blood sample to determine the presence of a drug or drugs,
4
1 4 6 which fee shall be paid out of the appropriation for criminal
147 charges. If the person whose blood sample was withdrawn is
148 subsequently convicted for violation of section 21-336, the fee
1 4 9 paid by the commonwealth for testing the blood sample shall be
150 taxed as part of the costs of the criminal case and shall be paid
i5l into the general fund of the state treasury.
152 fd4tJ. If the chief of police is not directed, as
153 provided in this section, to mail the second container within
154 seventy-two (72) hours after receiving such container, he shall
155 destroy such container.
156 fetk. Upon receipt of the blood sample forwarded to
157 the Division for analysis, the Division shall cause it to be
158 examined for alcoholic or drug or both alcoholic and drug content
i59 and the director of the Division or his designated
160 representative shall execute a certificate which shall indicate
161 the name of the accused, the date, time and by whom the blood
162 sample was received and examined, a statement that the container
163 seal on the vial had not been broken or otherwise tampered with,
164 a statement that the container was one provided by the Division
165 and a statement of the alcoholic or drug or both alcoholic and
166 drug content of the sample. The certificate attached--t-o shall
167 accompany the vial from which the blood sample examined was taken
168 and shall be returned to the clerk of the court in which the
169 charge will be heard. The blood sample shall be destroyed after
170 completion of the analysis by the Division. A similar
171 certificate shall accompany the vial forwarded by the independent
172 laboratory which analyzes the second blood sample on behalf of
173 the accused, and shall be returned to the clerk of the court in
174 which the charge will be heard. The blood sample shall be
1 7 5 destroyed after completion of the analysis by the independent
176 laboratory. -@rw&
177 a I s e - be- -r@tff@ r-k- - o f
178 t h e - c ott rt - -i@ -@it& w i I I - b e - i-@n motion of
179 the accused, such certificate shall be admissible in evidence
180 when attested by the pathologist or by the supervisor of the
181 laboratory approved by the Division.
5
18 2 f EIL. When any blood sample taken in accordance with
183 the provisions of this section is forwarded for analysis to the
18 4 Division, a report of the results of such analysis shall be made
185 and filed in that office. Upon proper identification of the vial
186 into which the blood sample was placed, the certificate, as
187 provided for in this section, shall, when duly attested by the
188 director of the Division or his designated representative, be
189 admissible in any court, in any criminal or civil proceeding, as
190 evidence of the facts therein stated and of the results of such
191 analysis.
192 fgtm- Upon the request of the person whose blood or
193 breath or both blood and breath sample was taken for chemical
194 tests to determine the alcoholic or drug or both alcoholic and
195 drug content of his blood, the results of such test or tests
196 shall be made available to hirn.
197 fhtn. A fee not exceeding ten dollars ($10.00) shall
198 be allowed the person withdrawing a blood sample in accordance
19 9 with this section, which fee shall be paid out of the
200 appropriation for criminal charges. If the person whose blood
201 sample was withdrawn is subsequently convicted for a violation of
202 section 21-336, or is placed under the purview of a probational,
203 educational or rehabilitational program, as set forth in section
204 18.2-271.1 of the Code of Virginia, the amount charged by the
205 person withdrawing the sample shail be taxed as part of the costs
206 of the criminal case and shall be paid into the general fund of
207 the state treasury.
208 fito. In any trial for a violation of section 21-336,
209 this section shall not otherwise limit the introduction of any
210 relevant evidence bearing upon any question at issue before the
211 court, and the court shall, regardless of the result of the blood
212 or breath test or tests, if any, consider such other relevant
213 evidence of the condition of the accused as shall be admissible
2 1 4 in evidence. If the results of such a blood test indicate the
215 presence of a drug or drugs other than alcohol, the test results
216 shall be admissible only if other competent evidence has been
217 presented to relate the presence of drug or drugs to the
6
218 impairment of the accused's ability to drive or operate any motor
219 vehicle, engine or train safely. The failure of an accused to
220 permit a sample of his blood or breath to be taken for a chemical
221 test to determine the alcoholic or drug content of his blc)od is
2 2 2 not evidence and shall not be subject to comment by the
2 2 3 prosecution at the trial of the case, except in rebuttal; nor
2 2 4 shall the fact that a blood or breath test had been offered the
225 accused be evidence or the subject of comment by the prosecution,
226 except in rebuttal.
227 fItP. The form referred to in subsection (CE.) of this
2 2 8 section shall contain a brief statement of the law requiring the
229 taking of blood or breath or both blood and breath samples and
230 the penalty for refusal, a declaration of refusal and lines for
231 the signature of the person from whom the blood or breath or both
232 blood and breath sample is sought, the date and the signature of
233 a witness to the signing. If such person refuses or fails to
234 execute such declaration, the committing justice, clerk or
235 assistant clerk shall certify such fact, and that the committing
236 justice, clerk or assistant clerk advised the person arrested
237 that such refusal or failure, if found to be unreasonable,
238 constitutes grounds for the revocation of such person's license
239 to drive. The committing or issuing justice, clerk or assistant
240 clerk shall forthwith issue a warrant charging the person
2 4 1 refusing to take the test to determine the alcoholic or drug or
242 both alcoholic and drug content of his blood with violation of
243 this section. The warrant shall be executed in the same manner
244 as criminal warrants. Venue for the trial of the warrant shall
24 5 lie in the court of the city in which the offense of driving
246 under the influence of intoxicants is to be tried.
247 fklq- The executed declaration of refusal or the
248 certificate of the cornmitting justice, as the case may be, shall
249 be attached to the warrant and shall be forwarded by the
250 committing justice, clerk or assistant clerk to the court in
251 which the offense of driving under the influence of intoxicants
252 shall be tried.
7
25 3 flir. When the court receives the declaration of
2 5 4 refusal or certificate referred to in subsection (kQ.) of this
2 5 5 section, together with the warrant charging the defendant with
2 56 refusing to submit to having a sample of his blood or breath or
2 57 both blood and breath taken for the determination of the
2 58 alcoholic or drug or both alcoholic and drug content of his
2 5 9 blood, the court shall fix a date for the trial of such warrant,
260 at such time as the court shall designate, but subsequent to the
261 defendant's criminal trial for driving under the influence of
262 intoxicants. Upon request, the defendant shall be granted a
263 trial by jury on appeal to the circuit court.
264 fmfs. The declaration of refusal or certificate under
265 subsection (kQ.), as the case may be, shall be prima facie
266 evidence that the defendant refused to submit to the taking of a
267 sample of his blood or breath or both blood and breath to
268 determine the alcoholic or drug or both alcoholic and drug
269 content of his blood as provided hereinabove. However, this
270 shall not be deemed to prohibit the defendant from introducing,
271 on his behalf, evidence of the basis for his refusal to submit to
272 the taking of a sample of his blood or breath or both blood and
273 breath to determine the alcoholic or drug or both alcoholic and
274 drug content of his blood. The court shall determine the
275 reasonableness of such refusal.
276 fmft. If the court or jury finds the defendant guilty
277 as charged in the warrant issued under this section, the court
278 shall suspend the defendant's license for a period of six (6)
279 months for a first offense and for one year for a second or
280 subsequent offense or refusal within one year of the first or
281 other such refusals. The time shall be computed as follows: The
282 date of the first offense and the date of the second or
283 subsequent offense; however, if the defendant pleads guilty to a
284 violation of section 21-336, the court may dismiss the warrant.
285 fotu. The court shall forward the defendant's license
286 to the ecommissioner of the Department of HiMotor
287 vvehicles of Virginia as in other cases of similar nature for
288 suspension of license, unless the defendant appeals his
289 conviction. In such case the court shall return the license to
290 the defendant upon his appeal being perfected.
291 fptv. The procedure for appeal and trial shall be the
292 same as provided by law for misdemeanors; if requested by either
293 party, trial by jury shall be as provided in article 4 of chapter
294 15 (section 19.2-260, et seq.) of title 19.2, Code of Virginia,
2 9 5and the city shall be required to prove its case beyond a
296 reasonable doubt.
297 tqtw- No person arrested for a violation of section
298 21-336 shall be required to execute, in favor of any person or
299 corporation, a waiver or release of liability in connection with
300 the withdrawal of blood and as a condition precedent to the
301 withdrawal of blood as provided for herein.
302 trtx. The court or the jury trying the case shall
303 determine the innocence or the guilt of the defendant from all
304 the evidence concerning his condition at the time of the alleged
305 offense.
306 fr-IfY. Chemical analysis of a person's breath, to be
307 considered valid under the provisions of this section, shall be
308 performed by an individual possessing a valid license from the
309 Division to conduct such tests, with a type of equipment and in
310 accordance with the methods approved by the Division. Such
311 breath-testing equipment shall be tested for its accuracy by the
312 Division at least once every six (6) months. Any individual
313 conducting a breath test under the provisions of this section and
314 as authorized by the Division shall issue a certificate, which
315 will indicate that the test was conducted in accordance with the
316 manufacturer's specifications, the equipment on which the breath
317 test was conducted has been tested within the past six (6)
318 months and has been found to be accurate, the name of the
319 accused, the date, the time the sample was taken from the
320 accused, the alcoholic content of the sample and by whom the
321 sample was examined. Such certificate, when duly attested by the
322 authorized individual conducting the breath test, shall be
323 admissible in any court in any criminal or civil proceeding as
3 2 4evidence of the facts therein stated and of the results of such
9
- 21 -
Item V-G.2
CONSENT AGENDA ITEi4 # 29867
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-442 of
the Code of the City of Virginia Beach, Virginia,
re the Military Liaison Commission.
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 REORDAIN
2 SECTION 2-442 OF THE CITY CODE OF
3 THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO A MILITARY
5 LIAISON COMMISSION
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 2-442 of the Code of the City of
9 Virginia Beach, Virginia, is hereby amended and reordained to
10 read as follows:
11 Section 2-442. Establishment of a Military Liaison Commission.
12 A MILITARY LIAISON COMMISSION is hereby established;
13 The mayor, the vice mayor and city manager shall serve
14 for the tenure of their offices or appointments, with the mayor
15 to chair the Commission;
16 The school superintendent and chairman of the school
17 board shall be requested to serve for the tenure of their
18 appointments; and,
19 The following officers, by virtue of their command
20 posts, comprise the military representation and that they shall
21 be requested to serve for the tenure of their respective
22 commands:
23 Commander-In-Chief, U.S. Atlantic Fleet
24 Cojmnander, U.S. Naval Air Force, Atlantic Fleet
25 Connnander, U.S. Naval Surface Force, Atlantic Fleet
26 Commander, U.S. Submarine Force, Atlantic Fleet
27 Coimnander, Fifth Coast Guard District
28 Commander, U.S. Naval Base (Norfolk)
29 Deputy Commander, U.S. Naval Base (Norfolk)
30 Commanding officer, U.S. Naval AmphibioUS Base (Little
31 Creek)
32 commanding officer, U.S. Naval Air Station (Oceana)
33 Commanding Officer, U.S. Fleet Combat Training Center-
34 Atlantic (Dam Neck)
36 commanding officer, Headquarters - Fort Story
37 Cormnanding Officer, Fleet Marine Force - Atlantic
38 Site Co @ nder, Virginia Army National Guard
39 The Military Liaison Commission shall meet formally
40 and/or informally on a regular semi-annual basis to communicate
41 with each governmental entity, provide good public relations, and
42 create a better understanding of military regulations, civilian
43 laws and community interests.
44 Adopted by the Council of the city of Virginia Beach,
45 Virginia, on the 15th day of August 1988.
46 NEW/lMt
47 8/3/88
48 CA-02874
49 \Ordin\Proposed\2-442.Pro
APPROVED AS TO CONici,i@
Tf! li-
7., .1.
APPROVc-:D A---.
SUFFICIENCY
C!Ty
2
- 22 -
Item V-G.3
CONSENT AGENDA ITEM # 29868
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED, UPON FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $14,694 State
Grant Funding into the FY 88-89 operating budget of
the Department of Libraries for the Blind and
Physically Handicapped.
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
YOT O'R@
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$14,694 STATE GRANT FUNDING INTO THE FY 88-89
OPERATING BUDGET OF THE DEPART14ENT OF LIBRARIES
WHEREAS, the Virginia Library Services and Construction
Act, Title I, provides the opportunity for state funding for certain
programs by means of special grants, and
WHEREAS, the Library Department has been granted
permission to apply for grant funding under the state approved program,
For The Blind And Physically Handicapped Grant, and
WHERFAS, the state has accepted the application and
approved grant funding for the Library Department's program in the amount
of $14,694.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that $14,694 made available from the
Subregional Library For The Blind And Physically Handicapped Grant be
accepted and appropriated into the FY 88-89 operating budget of the
Library Department.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of 1988.
First Reading: August 15, 1988
Second Reading:
MLS/ORD-12B
- 23 -
Item V-G.4
CONSENT AGENDA ITEM # 29869
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED, UPON FIRST READING:
Ordinance to APPROPRIATE $2,580 in additional State
Aid Funds into the FY 88-89 operating budget of the
Department of Libraries for acquisition of books
and related materials.
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
ATT:F
AN ORDINANCE TO ACCEPT AND APPROPRIARE
$2,580 IN ADDITIONAL STATE AID FUNDS INTO THE
DEPARTMENT OF LIBRARIES PY 89-89 OPERATING BUDGET
WHEREAS, the Commonwealth provides annual funding
assistance to public libraries for the purpose of acquiring books
and related materials, and
WHEREAS, during the preparation of the FY 88-89
operating budget, the anticipated state aid revenue was estimated
to be $250,000 and was appropriated into the Library Department's
operating budget, and
WHERFAS, the Virginia State Library Department has
notified the city that state aid funds in the amount of $252,580
will be available for FY 1988-89, and
WHEREAS, the amount of approved FY 1988-89 available
state aid exceeds the FY 88-89 revenue estimate by $2,580.
NOW, THT?.RP.FORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of
$2,580 be added to the FY 88-89 operating budget of the Library
Department with a corresponding increase in estimated revenues.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of 1988.
First Reading: August 15, 1988
Second Reading:
MLS/ORD-12A
- 24 -
Item V-G.5
CONSENT AGEliDA ITEM # 29870
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council DEFERRED:
Ordinance upon FIRST RFADING to APPROPRIATE $50,000
for Correctional Genter expenditures for food and
food service items.
This DEFERRAL will enable the City Manager to provide more detailed information
relative the amount of funds reimbursed by the State.
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 Will@am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 25 -
Item V-G.6
CONSENT AGENDA ITEM # 29871
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED, UPON FIRST READING:
Ordinance to APPROPRIATE $303,106 and transfer
$7,364 to fund nineteen additional temporary
positions within the Sheriff's Department operating
budget.
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
APPROVEO &s To FQRK
ITY ATTORNEY MW AND TRANSFER
AN CRDI E TO APPROPRIATE $303,106,
$7,364 TO FUND NI ADDTTIONAL TEMPCPARY POSITICNS
wiqHIN TIBE SBMFF'S DEPAR@ opERATING @Er
the @nsation Board of the Camnwealth is aware of the staffing
shortage presently being experiericed at the Virginia Beach Correction center, and
has notified the Sheriff that it has approved seventeen (17) additional t@rary
Correctional Officers whose salaries and fringe benefits are loo% reirnbursed,
and
and the sation Board has further responded with an additional
block grant for two (2) tenwrary Classification Officers and one (1) Mirse whose
salaries and fringe benefits are two-thirds (2/3) re@rsed, and
, the @nsation Board has been notified that the additional Nurse
is currently provided through a contractual agreemnt, and qualifies as a
re@rsable expense, and
WHEREAS, the additional total operating costs of the nineteen (19) temporary
positions, effective August 15, 1988 is estiniated at $310,470, and will be funded
by $303,106 in reimbursements frcin the state, and $7,364 frcm the city.
NOW, , 13E IT NED BY TBE CCUNCIL OF THE CITY OF VI)CINIA
VIRGINIA, that funds in the amount of $303,106 are hereby apprcpriated and
$7,364 transferred fran within the FY87-88 operating Budget of the Sheriff's
Department to finance seventeen (17) additional temporary Correctional Officer
positions, and two (2) additional t@rary Classification Officer positiorls, and
BE iT neum owuNED that estimted Revenues Frcxn the CcmDnwealth in the
forin of reimbursements be increased by $303,106.
Adopted by the Council of the City of Virginia Beach, Virginia, this
day of , 1988.
This ordinance shall be in effect frofn the date of its adcption.
First Reading : August 15, 1988
Reading: -
- 26 -
Item V-G.7
CONSENT AGENDA ITEM # 29872
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER $317,555 from sources within
the Department of General Services to provide
appropriate funding for year-end electrical
expenditures.
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 TRANSFER $317,555 FROM
SOURCES WITHIN THE DEPARTMENT OF GENERAL SERVICES
TO PROVIDE "PROPRIATE FUNDING FOR YEAR-END EXPENDITURES
S, funds were appropriated in the PY 1987-88 operating
budget for the Department of General Services to provide city-wide
electrical services, and
WHEREAS, electrical costs, due to higher than normal temperatures,
will result in expenditures for the Building Maintenance/Management
Support budget unit to exceed the FY 1987-88 appropriation by $317,555,
and
WHEREAS, available funding has been identified within other budget
units in the department which may be transferred to offset the funding
shortfall.
NOW, THEREFORE, BE IT ORDAINED BY TRE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds in the amount of $317,555 are hereby
transferred from within the PY 1987-88 operating budget for the Department
of General Services to provide appropriate funding for year-end payments
of PY 1987-88 electrical expenditures.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 15th@ day of August , 1988.
- 27 -
Item V-G.8
CONSENT AGENDA ITEM # 29873
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER $31,710 within the operating
budget of the Department of Data Processing for
additional and replacement computer equipment.
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 14embers Voting Nay:
None
Council Members Absent:
None
")4
ip4TTO"ROE".1
AN ORDINANCE TO TRANSFER @31,710 WITHIN THE
FY 1988-89 OPERATING BUDGET OF THE DEPARTMENT OF
DATA PROCESSING FOR ADDITIONAL AND REPLACEMENT COMPUTER EQUIPMENT
WHEREAS, the Department of Data Processing provides terminals and other
related equipment to city departments which require access to the mainframe
comp.ter, and
WHEREAS, when the cost of maintenance conlracts or repairs to obsolete
equipment exceeds the purchase price of new equipment, the Department of Data
Processing, in accordance with iLs major departmental objectives, requests Llie
replacement of such equipmenl, and
WHEREAS, the DeparLment of Data Processing is recommending the
acquisition of an additional four (4) multiplexors as well as, the replacement of
obsolete equipment consisting of twenty (20) terminals and eight (8) printers
which have been identified as being too costly to repair, and
WHEREAS, the Department of Data Processing has appropriations in the amount
of $31,710 from terminated maintenance contracts, which may be transferred for
the acquisition of the identified equipment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that funds in the amount of $31,710 be transferred within the operating
budget of the Department of Data Processing for the acquisition of the
aforementioned computer equipment.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, this
15th day of Au ust , 1988.
- 28 -
Item V-G.9
CONSENT AGENDA ITEII # 29874
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED:
Utility Project for 51% Neighborhood Participation:
Brock's Bridge Sanitary Sewer $67,000
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 29 -
Item V-G.10
CONSENT AGENDA ITEM # 29875
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Resolution requesting Department of Transportation
to accept new streets for urban maintenance
payments.
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
RESOLUTION
WHEREAS, the Virginia Department of Transportation
requires a council resolution prior to accepting omissions and
corrections to the revised road inventory for urban maintenance
payments; and
WHEREAS, the attached streets have been constructed in
accordance with standards established by the Virginia Department
of Transportation; and
WHEREAS, the City of Virginia Beach has accepted these
streets and has agreed to maintain these streets; and
WHEREAS, a representative from the Virginia Department
of Transportation has inspected and approved these streets; now
THEREFORE BE IT RESOLVED, that the Council of the City
of Virginia Beach, Virginia does hereby request the Virginia
Department of Transportation to accept these corrections and to
begin paying urban maintenance payments to the City of Virginia
Beach based upon the established rate.
Adopted this 15th day of AUGUST 1988
city of virginia Beach, Virginia
BY @ t) , LOA" , @. &@
MEYERA Eq OBERNDORF
MAYOR OF VIRGINIA BEACH
ATTEST
H( G SMITH
CLERK OF COUNCIL
- 30 -
Item V-G.11
CONSENT AGENDA ITEM # 29876
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$2,263.22 upon application of certain persons and
upon certification of the City Treasurer for
payment.
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
7/ 27/88 EMC
RM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are tiereby approved:
NAME Tax Type Ticket Exonera - D ate Penalty I nt. Total
Year of Tax Number ti on No. Paid
Harris Jennings 85 RE(1/2) 46298-2 4/11/88 43.92
Harris Jennings 85 RE(2/2) 46298-2 4/11/88 41.87
Life Savings Bank 88 RE(1/2) 80325-5 12/5/87 73.07
Life Savings Bank 88 RE(2/2) 80325-5 6/5/88 73.07
Curtis M Hall 88 RE(1/2) 43506-4 12/3/87 67.97
Curtis M Hall 88 RE(2/2) 43506-4 5/27/88 67.97
Curtis M Hall 88 RE(1/2) 43507-3 12/3/87 6.58
Curtis M Hall 88 RE(2/2) 43507-3 5/27/88 6.58
C M Little Jr 88 RE(1/2) 63341-1 12/5/87 175.12
C M Little Jr 88 RE(,2/2) 63341-1 6/5/88 175.12
Total 731.27
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Cei t;
- $ 7 3 1 . 9 7 - were approved by
the Council of the City of Virginia
Beach on the ay of A i, g,, g t- 1988.
Joh surer
Approved as to fo,rm:
Ruth Hodges Smith
City Clerk
M NO. C. A. 7 8/1/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exo" era- Date Penalty I nt. Total
Year of Tax Number ti.n NO. Paid
Arlington Mortgage Corp 85 RE(1/2) 10244-3 11/8/84 28.08
Arlington Mortgage Corp 85 RE(2/2) 10244-3 5/23/85 28.08
Arlington Mortgage Corp 86 RE(1/2) 10969-5 11/12/85 39.73
Arlington Mortgage Corp 86 RE(2/2) 10969-5 5/29/86 39.73
Arlington Mortgage Corp 87 RE(1/2) 11622-1 11/27/86 39.73
Arlington Mortgage Corp 87 RE(2/2) 11622-1 5/22/87 39.73
Arlington Mortgage Corp 88 RE(1/2) 11996-8 11/23/87 49.99
Arlington Mortgage Corp 88 RE(2/2) 11996-8 5/18/88 49.99
Mutual Federal S&L 85 RE(1/2) 35169-1 12/5/84 12.00
Mutual Federal S&L 85 RE(2/2) 35169-1 6/5/85 12.0@O
Mutual Federal S&L 86 RE(1/2) 37405-0 12/5/85 12.00
Mutual Federal S&L 86 RE(2/9@) 37405-0 6/5/86 12.00
Mutual Federal S&L 87 RE(1/2) 39257-4 12/5/86 12.00
Mutual Federal S&L 87 RE(2/2) 39257-4 6/5/87 12.00
Mutual Federal S&L 88 RE(1/2) 40761-0 12/5/87 13.16
Total 400.22
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling nt;
0 . Z2 - were approved by
the Council of the City of Virginia
Beach on the -@@y of A@u @s t_ . 1 9 8 8
reasurer
Approved as to/@m:
Ruth Hodges Smith
City Clerk
'e- Bimsdn, dity Attorney
8/4/88 EMC
O@M NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Y ear of Tax Number tion No. Paid
Walter F Sullivan 88 RE(1/2) 3326-6 12/4/87 334.31
North Bay Corporation 88 RE(1/2) 80232-7 2/26/88 222.27
Crestar Mortgage Corporation 88 RE(1/2) 86845-3 12/4/87 30.17
Crestar Mortgage Corporation 88 RE(2/2) 86845-3 6/5/88 30.17
R Larry Turner 88 RE(]/2) 110072-5 11/13/87 66.79
Total 683.71
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling t d s to p
. 1 were approved by
the Council of the City of Virginia
Beach on the 15t-bay of August_,. 1988.
Trea@urer
Ruth Hodges Smith
City Clerk
@
ty Atioriiey
7/ 27/88 EMC
RM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Y ear of Tax Number tion No. Paid
James M Gallagher, Att. 88 RE(2/2) 27493-2 4/29/88 132.06
J I Kislak Mortgage 88 RE(]/2) 31429-3 12/4/87 239.05
Ocean Lakes Community Assoc 88 RE(1/2) 80989-2 12/5/87 2.46
Norfolk Port & Ind Auth 88 RE(2/2) 80116-8 6/3/88 35.94
Norfolk Port & Ind Auth 88 RE(2/2) 80121-1 6/3/88 38.51
Total 448.02
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c pay
$448 .0 2 were approved by
the Council of the City of Virginia
Beach on thel@thday of uq-t,.1988. Jo@n T. AtRinson, Treasurer
App ved as to form:
Ruth Hodges Smith
City Clerk
Dale Bimson,k/City Attorney
- 31 -
Item V-G.12
CONSENT AGENDA ITEM # 29877
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing License Refunds in the amount
of $4,295.89 upon application of certain persons
and upon certification of the Commissioner of the
Revenue for payment.
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
PC-RM C) C,' 8 REV 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRC@INIA:
That the following applications for license refunds, upon cerlification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penafty Int. Total
Year Paid
AAI Enqineering Support, Inc.
P 0 Box 10525
Baltimore, MD 21204 1986-87 Audit 436.68 436.68
Ameribanc Mortgage Corp.
621 L.ynnhaven Pkwy, Suite 150
Virginia Beach, VA 23452 1986-87 Audit 854.00 854.00
Danakit Group Inc,. The
105 S. First Colonial Rd #115
Virginia Beach, VA 23451 1984-86 Audit 97.10 97.10
Certified as to Payment:
@obert P. Vaughan
Commissioner of the R.@@
App!oved as to !prm:
@,J@/Dal6-Bimsod
This ordinance shall be effective from date of ty Attorney
adoption.
Trie above abatement(s) tota@ing $ 1 , 3 8 77 8 were approved by the Council
of the City of Virginia Beach on the- 15thday oi August .19 88
Ruth Hodges Smith
City Clerk
FOFiM .0 C.@ 8 REV I'M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRG]NIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Pena4 lnt. Total
Year Paid
Weldon J. Dupuis
TIA Audio Visual Production
2723 Hilbrook Drive
Roanoke, VA 24018 1 98 5-8 7 Audit 4 2 . 0 0 4 2 0 0
Franciscus Co., Inc, The
620 Village Drive
Virginia Beach, VA 23454 1985-86 Audit 1,211.80 1,211.80
Hot Dog Ifeaven, Inc.
5024 Princess Anne Road
Virginia Beach, VA 23462 1986-87 Audit 13.49 13,49
Certified as to Payment:
@.b.rt P. Vaughan
Commissioner of the Revenue
App@o@ed as t@ rm:
D;le Bimsdn
ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1 , 2 67 2 9 were approved by the Council
of the City of Virginia Beach on the 1 5th day of August 19 88
Ruth Hodges Smith
City Clerk
FDFt. .0@ C@@ ORE'. 3
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Joco, Inc.
T/A Haygood Hairstyling
Haygood Shopping Center
Virginia Beach, VA 23455 1986-67 Audit 17.82 17.82
Lake Station Ltd.
2712 Southern Blvd., Suite 101
Virginia Beach, VA 23452 1984-87 Audit 1,617.00 1,617.00
Reliable Express Courier Service
4791 Christopher Arch
Virginia Beach, VA 23464 1985-86 Audit 6.00 6.00
Certified as to Payrrient:
Robert P. Vaughan
Commissioner of the Reve@@
Approved as to fol
.4
@Dale'Bimson'
This ordinance shall be effective from date of ity Attorney
adoption.
Theaboveabatement(S)totaling $1,640.82 were approved by the Council
of the City of Virginia Beach on the@5 thday of August 19 8 8
Ruth Hodges Smith
City Clerk
- 32 -
Item V-H. 1 .
APPOINTMENTS ITEM # 29878
Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED to the FRANCIS
LAND HOUSE BOARD OF GOVERNORS:
Glenda H. Knowles
(to serve the unexpired term of Karl Swartz thru 12/31/90)
Johnnie S. Miller
(to serve the unexpired term of B. Bruce Taylor thru 12/31/90)
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
- 33 -
Item V-H.2.
APPOINTMENTS ITE24 # 29879
Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED to the PUBLIC
LIBRARY BOARD:
John J. Carvil, Jr.
Susan M. Clark
Lettie Dozier
Samuel Knoll
Betty T. Nottingham
Royana R. Redon
(for 3-year terms from 9/1/88 thru 8/31/91)
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
34 -
Item V-I. 1
NEW BUSINESS ITEM # 29880
ADD-ON
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Resolution establishing a BOND FINANCING ADVISORY
COMMITEE to solicit REQUEST FOR PROPOSALS from
various firms and make recommendations to City
Council within 90 days.
The Committee shall consist of the City Manager,
the Assistant City Manager for Administration, the
City Attorney and the City Financial Advisor.
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
iZequested by Councilman John Moss
R E S 0 L U T I 0 N
2
3
4 WHEREAS, the City Council is desirous of obtaining
5 request for proposals from various bond counsels; and
6 WHEREAS, the City Council is desirous of obtaining the
7 best service for the best price on this important legal service.
8 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
9 CITY OF VIRGINIA BEACH, VIRGINIA:
10 1. That a committee is hereby formed consisting of the
11 City Manager, the Assistant City Manager for Administration, the
12 City Attorney, and the City Financial Advisor to solicit request
13 for proposals from various established bond firms.
14 2. That the said comm ittee is authorized to receive
15 such requests for proposals and provide to City Council their
16 recommendation.
17
18 Adopted by the-Council of the City of Virginia Beach,
19 Virginia, an this 15th day of August 1988
20
21 JDB/clb
22 06/07/88
23 07 / 07 / 8 8
24 08/08/88
25 CA 88-2771
26 proposal.res
35 -
Item V-I. 1
NEW BUSINESS ITEM # 29881
ADD-ON
Mayor Oberndorf referenced the DEDICATION on Saturday morning, August 13, 1988
of the Arai Seisakusho Company, Ltd. (ARS COMPANY) facilities on Diamond
Springs Road.
Messrs Arai and Mori brought in approximately 150 Japanese businessmen for the
dedication. At the dinner, Saturday evening, Mr. Arai announced their company
would be purchasing more land in the Airport Industrial Park and in addition to
producing the rollers for the Cannon copiers they are investigating the
possibility of producing the "Oll rings and various other parts for supplying
the automotive industry.
James Debellis, Director of Economic Development, presented a magnificent
speech in Japanese which caused a most welcome response of the City's new
corporate citizens.
- 36 -
Item V-J.
RECESS INTO
EXECUTIVE SESSION ITEM # 29882
In accordance with Section 2.1-344, Code of Virginia as amended, and upon
motion by Vice Mayor Fentress, seconded by Councilwoman McClanan, City Council
RECESSED into EXECUTIVE SESSION in the Conference Room, City Hall Building, for
discussion of Personnel Matters (4:22 P.M.)
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
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
- 37 -
Item V-K. 1 .
ADJOURNMENT ITE14 29882
Upon motion by Councilwoman Henley BY ACCLAMATION, City Council ADJOURNED the
Meeting at 5:00 P.M-
Bev.
Chief Deputy City Clerk
th Hodgee'Smith, CMC Mey
@city Clerk MEY,,,
City of Virginia Beach
Virginia
Item V-K.1.
ADJOURNMENT
- 37 -
ITEM # 29882
Upon motion by Councilwoman Henley BY ACCLAMATION, City Council ADJOURNED the
Meeting at 5:00 P.M.
O.'Hooks
Chief Deputy City Clerk
th Hodge~'Smit]~, CMC
~C~ty Clerk
Mey~ra(~. Oberndorf ~
Mayor ¥
City of Virginia Beach
Virginia
August 15, 1988