AUGUST 6, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
.u, j
CITY COUNCIL AGENDA
AUGUST 6, 1991
ITEM 1. CITY MANAGER'S BRIEFINGS - Council Chamber 11:30 AM
A. DISPOSAL SITE ALTERNATIVES
Durwood S. Curling, Executive Director, SPSA
B. "COMMUNITY POLICINGII PROGRAM
Carol R. Williams, Housing Programs Administrator
Department of Housing and Neighborhood Preservation
ITEM 11. INFORMAL SESSION Council Chamber 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION Council Chamber 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend William M. Shelton, D.D.
Wycliffe Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - July 9, 1991
2. SPECIAL SESSION - July 11, 1991
3. SPECIAL SESSION - July 18, 1991
G. MAYOR'S PRESENTATION
1. GOVERNMENT FINANCE OFFICERS' ASSOCIATION
Certificate of Achievement for Excellence
H. COUNCIL COMMITTEE REPORT
1. 1986 BOND REFERENDA
William A. Schlimgen, Chairman
1. RESOLUTIONS/ORDINANCE
1. Resolution providing for the Issuance and sale of $49,050,000
General Obligation Public Improvement Bonds, Series of 1991C, of
the City of Virginia Beach, Virginia, heretofore authorized, and
providing for the form, details and payment thereof.
2. Resolution providing for a Referendum on the question of whether
the General Assembly should be requested to amend the Charter of
the City of Virginia Beach to provide for the direct election of
the School Board and to grant the School Board Taxing Authority:
a. Two Ballot questions
b. One Ballot question
3. Resolution directing the City Attorney to proceed with the
preparation of a Charter Amendment, re General Assembly legislation
to allow for elected School Board Members, in substantial
compliance with informative Charter Amendment Summary:
a. Proposed Summary W*ith Taxing Authority
b. Proposed Summary without Taxing Authority
4. Resolution requesting the General Assembly Include Members of City
Councils and Boards of Supervisors as persons eligible to
participate in the Virginia Retirement System.
5. Resolution approving a change in City Policy re City Council
Candldate Forums be broadcast on Municipal Cable Channel 29.
6. Ordinance to AMEND and REORDAIN Chapter 2 of the Code of the City
of Virginia Beach, Virginia, by ADDING a new Article XXVI re Human
Rights Commission.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to AMEND and REORDAIN Section 31-61(a) of the Code of the
City of Virginia Beach, Virginia, re charge for depositing solid
waste at City refuse disposal areas.
2. Ordinance to authorize the acquisition of real property and
easements, either by agreement or by condemnation, for Pump Station
modifications' sewer project (Bonney Road) (CIP 6-016).
3. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE a $9,005
Grant awarded by the State Department of Historic Resources re
citywide historical and architectural surveys.
4. Ordinances re Sheriff Departmental FY 1991-1992 Operating Budget:
a. ACCEPT and APPROPRIATE, upon FIRST READING, $839,370; and,
TRANSFER $153,199 from FY 1991-1992 Reserve for Contingencies
to fund fifty (50) additional Correctional Officers associated
with the completion of the new addition to the Correction
Center.
b. TRANSFER $177,425 to fund nine (9) additional positions to
manage the Municipal Center Centralized Booking area.
5. Grants Awarded:
a. ACCEPT and APPROPRIATE, upon FIRST READING, $24,089 from the
State Department of Criminal Justice Services to the
Commonwealth's Attorney Victim Witness Program, including one
(1) full-time position for FY 1991-1992, subject to
continuation of these grant funds.
b. ACCEPT and APPROPRIATE, upon FIRST READING, $14,700 from the
Commonwealth Department of Social Services for program support
to the Virginia Beach Court Appointed Special Advocate (CASA)
Program.
c. ACCEPT and APPROPRIATE, upon FIRST READING, $20,000 from the
Virginia Law Foundation for program support of the Virginia
Beach Court Appointed Special Advocate (CASA) Program.
d. ACCEPT and APPROPRIATE, upon FIRST READING, $28,250, and
TRANSFER $28,250 as a fifty percent match to the Virginia Beach
Fire Department, for purchase ot automatic defibrillators.
e. ACCEPT and APPROPRIATE, upon FIRST READING, $130,559 from
Virginia Fire Programs Fund to support training, training
facllity improvements and firefighter equipment acquisition.
f. ACCEPT and APPROPRIATE, upon FIRST READING, $133,525 from the
Drug Enforcement Agency's Shared Proceeds Seized Property
Program for additional equipment and otfice space for the
Special Investigative Unit of Narcotics Investigation.
g. ACCEPT and APPROPRIATE, upon FIRST READING, $37,397 from the
State Department of Criminal Justice Services Anti-drug Abuse,
and TRANSFER $12,466 from General Fund Reserves as a required
local match, to the FY 1991-1992 Police Department budget for
increased narcotics investigation activities and additional
equipment.
h. ACCEPT and APPROPRIATE, upon FIRST READING, $13,239 from the
Virginia Subregional Library for the Blind to the FY 1991-1992
Operating Budget of the Library Department to produce braille,
recorded and large-print emergency information.
i . ACCEPT and APPROPRIATE, upon FIRST READING, $339,853, and
TRANSFER $37,761 from Reserve for Contingencies, to the
Department of Social Services for the Child Day Care Fee System
Program.
J. ACCEPT and APPROPRIATE, upon FIRST READING, $28,129 from the
State Department of Mental Health, Mental Retardation and
Substance Abuse Services to the FY 1991-1992 Grants
Consolidated Fund for one (1) full-time position, subject to
the continuation of this Grant, to provide assistance to
individuals with developmental disabilities.
k. ACCEPT and APPROPRIATE, upon FIRST READING, $600 from the State
Department ot Mental Health, Mental Retardation and Substance
Abuse Services to the Virginia Beach MH, MR and SA Special
Revenue Fund for FY 1990-1991, to provide additional
professional staff hours devoted to planning the program and
training the staff.
1. ACCEPT and APPROPRIATE, upon FIRST READING, $1,004 to fund the
balance of the Virginia Beach Library's Special Gift Fund for
the purchase of a diagnostic software package.
6. Ordinance to TRANSFER $75,000 from the FY 1991-1992 Reserve for
Contingencies for Health to the Health Department re continuation
of the Dental Health Program.
7. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
Atlantic Limousine, Inc.
8. Ordinances authorizing license refunds in the amount of $14,438.13.
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. COUNCIL-SPONSORED ITEM:
a. PUNGO FERRY ROAD name change
Sponsored by: Councilman Paul J. Lanteigne
2. CANCEL/RESCHEDULE CITY COUNCIL SESSIONS
a. Tuesday, September 10, 1991
Rosh Hashanah
b. Tuesday, October 1, 1991
American Public Transit Association (APTA)
c. Tuesday, October 8, 1991
Virginia Municipal League
d. Tuesday, December 24, 1991
Christmas Eve
M. ADJOURNMENT
SPECIAL FORMAL SESSION
WORKSHOP AND PRESENTATION
RE: SOUTHERN WATERSHEDS
AUGUST 26, 1991 7:00 PM
Council Chamber
cmd 8/1/91
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beacti, Virginia
August 6, 1991
Vice Mayor Robert E. Fentress called to order the CITY MANAGER'S BRIEFINGS of
the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on
Tuesday, August 6, 1991, at 11:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones and William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf ENTERED: 12:00 NOON
(Change of Command Ceremony
USS Theodore Roosevelt)
Paul J. Lanteigne ENTERED: 11:36 A.M.
Reba S. McClanan ENTERED: 11:50 A.M.
Nancy K. Parker ENTERED: 11:34 A.M.
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C I T Y M A N A G E R 'S B R I E F I N G S
DISPOSAL SITE ALTERNATIVES
11:30 A.M.
ITEM 34697
Durwood Curling, Executive Director SOUTHEASTERN PUBLIC SERVICE AUTHORITY,
advised at the end of the fiscal year June 30, 1991, 800,000 tons of municipal
solid waste was handled by the Authority with 100,000 tons going to Mount
Trashmore II. Mr. Curling wished to advise the status of SPSA's efforts to
develop disposal capacity past year 2000. Capacity is available in the existing
landfill in Suffolk sufficient to handle up until mid year 2000. In 1984, it
was realized additional disposal capacity would be necessary.
The landfill in Suffolk was opened in January 1985. The waste-to-energy system
came in place not long thereafter. In 1984, $1-MILLION was borrowed to purchase
the land contiguous to the existing landfill, a piece of forested land. In
1987, the permitting process was commenced on this approximate 450 acres. It
was discovered all 450 acres contiguous to the existing landfill, under the
current manual, are non-tidal wetlands. As a result of discussions with the
Corps of Engineers, SPSA was required to have a Section 404 permit of the Clean
Water Act. SPSA must undergo an Environmental Impact Statement Process, which
is a very lengthy and costly process. The first step was to identify
alternatives to the existing site. A consulting firm was engaged and 88
different landfill sites were identified throughout the eight communities. An
analysis was performed of these sites utilizing a preestablished set of
criteria. One of the criteria was the presence or lack of non-tidal wetlands.
All eighty-eight (88) sites contained non-tidal wetlands. The list was then
short-listed to twenty-one (21) sites and studied in greater detail. This list
was then narrowed to four (4) sites. The Board of Directors is now
investigating the advantages, disadvantages and costs associated with
developing one of these four (4) sites as compared to the development of the
contiguous land to the existing landfill.
There have been some changes in the non-tidal wetlands regulations. Land
cleared prior to December 1985 and continuously farmed since then was
determined to be prior conversion and not subject to the wetland regulations.
The site in Chesapeake is in this particular category. There have been further
proposed changes in the non-tidal wetlands regulations. There is a new manual
which SPSA hopes will be in place by the end of the year. SPSA is optimistic
the new manual will improve changes of expanding the existing landfill as this
is the most cost-effective alternative by approximately $1-1/2 MILLION over the
total life cycle cost of the landfill. The Corps of Engineers has requested
the EIS process be completed and they will again examine the application for
expansion of the existing landfill. The Environmental Impact Statement should
be completed within the next six months.
Mr. Curling advised the document distributed depicts the Alternative Disposal
Options for landfills and a Waste-To-Energy Facility in Portsmouth. Said
document is hereby made a part of the record. Each of the alternatives contains
a Site description, map and a cost comparison. The second portion of the
documentation provided depicts the impact of each alternative on the
participating communities. Mr. Curling displayed a map identifying the
alternative sites:
Isle of Wight: Comprised of 2800 acres. Under the new wetlands
regulations manual, the entire site would not
be considered wetlands. This area has already
been zoned.
Landfill Expansion: Comprised of 440 acres. Infrastructure is in
place. Located on Route 460, which is 4-lane
divided, in center of region and most cost
effective of the alternatives.
Chesapeake: Comprised of 3,850 acres. 100% Agricultural
with one owner. Site is prior conversion land
and would not need a 404 permit. The principal
disadvantage is Route 17, a two-lane road.
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C I T Y M A N A G E R 'S B R I E F I N G S
DISPOSAL SITE ALTERNATIVES
ITEM # 34697 (Continued)
Camden County: Comprised of 1,090 acres. The current land use
is a pine plantation with one owner,
Weyerhaeuser Corporation. It has been
determined by the Wilmington District Corps of
Engineers not to be jurisdictional wetlands.
Portsmouth: Comprised of 10 acres. This is a privately
owned Waste-To-Energy Plant. The site has been
zoned. However, SPSA will still require a
landfill in some other location to accommodate
the ash and the waste that is not combustible
or recycleable
The distance from the Oceana Transfer Station to the Isle of Wight Site is 37
miles. From the Oceana Transfer Station to the Camden Site is 39 miles. Mr.
Curling identified a parcel of land containing 3,000 acres inside the Dismal
Swamp, south of Route 460 and west of Route 17. A mitigation plan has been
prepared for approximately 800 acres of this site. If SPSA could secure a 404
Permit for expansion of the Landfill, 800 acres will be purchased and converted
back to a non-tidal wetlands status, planting an Atlantic white cedar forest.
This is in one ownership and SPSA understands the property owner may be
amendable to sell this land.
John Hatfield, Deputy Executive Director - SOUTHEASTERN PUBLIC SERVICE
AUTHORITY, reiterated the financial aspects of the document with an explanation
of two of the potential sites. Mr. Hatfield referenced Page 9 of the
documentation, the Isle of Wight site. This Site has a Waste-To-Energy Plant,
as well as a landfill. The 800 acres is valued at approximately $1-MILLION.
This site is comprised of a 300-acre sanitary landfill, 10-acre ash landfill,
170-acre borrow area, 500-TPD Waste-To-Energy Plant and Materials Recovery
Facility. The principal benefit to the Host Community is free county disposal
and half-price commercial disposal fee. The cost impact of this benefit would
be approximately $1/2-MILLION a year of lost revenue to SPSA. The Initial
Capital Cost would be a $84,411,000 (Waste-To-Energy Plant) and $5,569,000 (Ash
Landfill). A Bond Issue of $106,815,000 is anticipated with the following
Financial Assumptions:
20 years at 7 1/4% interest (landfill)
25 years at 7 1/4% interest (WTE)
5% annual inflation
3% annual increase in energy revenue
Page 12 of said documentation relates to the Landfill Expansion. As there is no
Waste-to-Energy Plant, development and the cost impact would commence in 1997.
The land value is believed to be $1,760,000. The landfill is comprised of 260
acres with a 90-acre borrow pit. The Host Community benefits with a continued
reduced disposal fee (approximately $1-MILLION annually). However, since this
study was completed, savings to the City of Suffolk were computed to be $1.4-
MILLION. The Initial Capital Cost would be $20,627,669. A Bond Issue of
$1,000,000 is anticipated with the following Financial Assumptions:
20-year debt at 7-1/4% interest
5% annual inflation
Mr. Hatfield referenced the charts reflecting:
Member Local Goverriment
Year 2000 Financial Impact of Alternative Projects
Member Local Government
Year 2007* Financial Impact of Alternative Projects.
Mr. Curling advised a Waste-To-Energy Plant is also being investigated in
Suffolk. If it is logical to build a plant in Isle of Wight, then it is also
logical to do the same in Suffolk. This analysis has not been completed.
Therefore, the alternative was not presented to the Board. However, it is
anticipated this question will arise. All of the cost figures have been built
into the assumption. SPSA will comply with the 1995 mandate for recycling 25%
of the waste stream, which means 250,000 tons a year of recycled material.
4
C I T Y M A N A G E R IS B R I E F I N G S
"COMMUNITY POLICING" PROGRAM
12:12 P.M.
ITEM # 34698
The City Manager introduced Carol W! I liams, Housing Program Administrator Mrs.
Williams presented a concept and mission of the Neighborhood Services Delivery
Co-ordination Committee. The ultimate objective of the Committee Is to deliver
services to at-risk, crime-ridden neighborhoods, to preserve appearance and
condition of housing and Improve quality of life, which will foster social and
economic vitality. The areas in which the Committee are concerned are teenage
pregnancy, child abuse, family violence, school drop-outs, drug trade and
abuse, blighted and socially disorganized neighborhoods. The Committee was
conceived through the office of Hector A. Rivera, Assistant City Manager for
Urban Issues, and is composed of line staff from the Assistant City Manager's
Office, Agriculture, Comprehensive Mental Health, Housing, Libraries, Parks and
Recreation, Schools, Substance Abuse, Juvenile Probation and Police. The
Members on the Committee are selected because of their expertise in delivering
sensitized services to the City's at-risk communities. They have been empowered
to make creative, but safe, decisions and deliver a comprehensive approach to
services.
The citizens of the communities are looking for a tool and a mechanism which
will allow them to become self-sufficient without relying on the City.
Community policing provides this Committee the support needed to deliver the
services. A Human Services Calender of Events has been developed. Therefore,
two or three agencies are present at Community Meetings and the citizens do not
receive tragmented information. Information has also been made more user-
friendly which will sometimes eliminate multiple staff attendance Mrs. Williams
reiterated the areas of concentration:
Princeton Lake
Williams Village
Princess Anne Plaza
Lake Edward
Friendship Village
Atlantis
Sixteenth Street
These communities have indicated a need for additional recreational activity,
more police presence and information oh substance abuse. To deliver the
services, a Human Services Fair is presented with all City agencies converging
on one neighborhood to exemplify City Services. At both fairs, the book mobile
seems to be most popular with the youngsters. Mrs. Williams advised the
Committee Is comprised of fourteen (14) members and recognized those in
attendance. A video was shown outlining the accomplishments of the Neighborhood
Services Delivery Co-ordination Committee.
Sergeant Erin Farris, Supervisor of the Community Relations Unit - Virginia
Beach Police Department, advised the video discussed the POP (Problem Oriented
Policing) Philosophy. Community Relations was assigned the Princess Anne Plaza
area. Sergeant Farris advised her unit entered the Plaza in January 1991.
Police presence can and will effectively decrease criminal activity in an area.
This presence will also alter an impact on the drug activity that was occurring
In the Plaza area. The Plaza is composed of individually owned apartments. This
area is very deteriorated. Housing and Neighborhood Preservation advised the
names of al I residents in the townhome section as wel 1 as the names of the
owners. The police were then able to recognize each resident by name. Police
also Identified the crlmlnals by face and name. The lighting was upgraded by
VEPCO. Traffic Engineering placed "No Parking Signs" on both sides of the
street. Access has been limited to outsiders. The Neighborhood Services
Delivery Go-ordination Committee sponsored a tair which allowed the residents
to raise funds and start their own Neighborhood Association. There is a
community clean-up every Wednesday night in the Plaza.
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C I T Y M A N A G E R IS B R I E F I N G S
"COMMUNITY POLICING" PROGRAM
ITEM # 34698 (Continued)
With relation to Princeton Lakes/ Wi I liams Vi I lage, Lieutenant Howard Carr,
Third Precinct, further discussed POP (Problem Oriented Policing), which Is a
very basic four-step approach: scan, analyze, design a response and continually
access. The Neighborhood Services Delivery Co-ordination Committee has enabled
POP and Community Policing to "cut to the chase". The Police meet with the
Committee and the services delivered to the citizens are expeditious and most
efficient. Elderly citizens advised they now walk to the laundromat unafraid
and go to church after dark.
Mayor Oberndorf and Vice Mayor Fentress extended appreciation to Hector A.
Rivera, Assistant City Manager for Urban Issues, Carol Williams, the
Neighborhood Services Delivery Co-ordination Committee, Sergeant Farris,
Lieutenant Carr and the officers involved in the Problem Oriented Policing for
their unselfish and dedicated services.
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ITEM # 34699
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Counci I Chambers, C!ty Hall Bu i I di ng, on
Tuesday, August 6, 1991, at 12:55 P.M-
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
7
ITEM 34700
Mayor Meyera E. Oberndort entertained a motion to permit City Counci i to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates tor employment, assignment, appointment, promotion,
performance, demotion, salaries, discipl ining, or resignation of specif !c
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Community Corrections Resource Board
Development Authority
Parks and Recreation Commission
Public Library Board
Wetlands Board
Historical Review Board
Tidewater Regional Group Home Commission
To Wit: Appointment: Interim City Manager
2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use ot real property for public purpose, or of the
dispositlon ot publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2.1-344(A) (3).
To-Wit: Advanced Acquisition/Right-of-way - Southeastern Expressway -
Lynnhaven Borough.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit:
1. Holmes v. City, et al
2. Williamson v. City, et al
3. Redtord v. City, et al
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf and Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absont:
None
8
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 6, 1991
2:12 P.M.
Mayor Meyera E. Oberndorf ca I I ed to order the FORMAL SESS I ON of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chamber, City Hal I Bui lding, on Tuesday,
August 6, 1991, at 2:12 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend William M. Shelton, D.D.
Wycliff Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
9
Item III-E.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 34701
Upon motion by Vice Mayor Fentress, seconded by Counci lman Clyburn, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Councll Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McC]anan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
CERTIFICATION OF EXECUTIVE SESSION
VTRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 34700,
Page No. 7 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREF'ORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
guth Hodges-Smith, CMC/AAE
City Clerk August 6, 1991
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Item 111-F.I.
MINUTES ITEM # 34702
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of July 9,
1991.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober and Nancy K. Parker
Council Members Absent:
None
Council Members Heischober and Parker ABSTAINED as they were not in attendance
during the City Council Session of July 9, 1991.
Item 111-F.2.
MINUTES ITEM 34703
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED the Minutes of the SPECIAL SESSION of July 11, 1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndort, Nancy K. Parker 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 during the City
Council Session of July 11, 1991.
1 2
Item Ill-F.3.
MINUTES ITEM # 34704
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council APPROVED the Minutes of the SPECIAL SESSION ot July 18, 1991.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentre5s, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort
and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
James W. Brazier, Jr. and William D. Sessoms, Jr.
Council Members Absent:
None
Counci I Members Brazier and Sessoms ABSTAINED as they were not in attendance
during the City Council Session of July 18, 1991.
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Item Ill-F.4.
INTRODUCTION ITEM # 34705
ADD-ON
Mayor Oberndorf Introduced Dr. Sl,dney L. Faucette, Superintendent - Vlrginia
Beach City Public Schools.
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Item Ill-F.5.
RECOGNITION ITEM # 34706
ADD-ON
Mayor Oberndort recognized the fol lowing Scouts in attendance during the City
Council Session:
TROOP No. 364
ldine Ghoreishian
Keith Norman
Both Boys are currently Life Scouts
To become an Eagle Scout, ldine has to earn only three more merit badges and
Keith only two more.
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Item III-G.l.
MAYOR'S PRESENTATION ITEM # 34707
GOVERNMENT FINANCE
OF'FICERS' ASSOCIATION
Mayor Oberndorf presented to Giles Dodd, Assistant City Manager for Internal
Services:
GOVERNMENT FINANCE OFFICERS' ASSOCIATION AWARD
Certificate of Achievement
for Excellence in financial reporting
for the year ending June 30, 1990.
This award reflects leadership, professionalism, expertise and many hours of
dedicated work by staff, management, appointed and elected officials.
Mr. Dodd ACCEPTED the Award and advised Mr. Bob Hayes, City Comptroller and his
staff are responsible for compiling the report and deserve much of the credit.
Mr. Dodd advised this award has been received 12 of the last 13 years in award
history.
- 16 -
Item TII-H.l.
COUNCIL C " ITTEE REPORT ITEM # 34708
1986 BOND REFERENDA
Mr. William A. Schlimgen, Chairman - Bond Referendum Committee, submitted the
report on expenditures and obligations incurred by the City through June 30,
1991, on highway and school projects approved in the 1986 Referendum, Co@l,nity
Center projects approved in the 1987 Referendum, School Projects approved in
the 1989 Referendum and the Iake Gaston Water Resource Project approved in the
1988 Referendum. Said report is hereby made a part of the record.
Concerning the 1986 Highway Referendum, the Ferrell Parkway, Independence
Boulevard and two Lynnhaven Parkway projects are complete. Construction on the
Northampton Boulevard, General Booth Boulevard and Indian River Road projects
is 94%, 65% and 95% complete, respectively. Of $40,000,000 authorized, 81.1%,
or $32,437,417, has been contracted.
In the 1987 Recreation Center Referendum, the Great Neck and Bow Creek
facilities are open to the public with the latter having completed in May 1991.
The Bayside project is 92% complete. The wetlands permit has been approved for
the Southeast Community Center project and finalized plans and specifications
are expected in July 1991. Through June 30, 1991, $23,506,639, or 71.6%, of the
$32,850,000 total has been contracted.
Concerning the 1986 School Referendum, construction is complete on Ocean Lakes,
Red Mill Farm, Tallwood and Glenwood Elementaries, sites for Landstown
(formerly Green Run) Elementary and Middle School and Strawbridge (formerly
London Bridge) Elementary School have been acquired. Construction is scheduled
to begin on the Ocean Lakes High School and Corporate Landing Elementary School
projects in June 1992. Funds totaling $28,301,194, or 87.6% of the $32,310,000
authorized, have been contracted.
Concerning the 1989 School Referendum, work is virtually complete on the
thirteen elementary gymnasium additions and the Bayside and Kellam High School
modernizations. Construction of the Strawbridge Elementary, Tallwood High, and
Landstown Elementary and Middle School projects is 98%, 17% and 19% complete,
respectively. Of $68,375,000 authorized, $58,201,139, or 85.1%, has been
contracted.
Concerning the 1988 Lake Gaston Water Resource Project Referendum, work on
contracts BI for overhead crossings and Cla for the westernmost terminus of the
pipeline has been delayed by court injunction requiring the City to await an
approval from the Federal Energy Regulatory Commission. Of $200,000,000
authorized, $16,601,176, or 8.3%, has been contracted.
1 7
Item 111-1.1.
RESOLUTIONS/ORDINANCES ITEM # 34709
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Resolution providing for the Issuance and sale of
$49,050,000 General Obligation Public Improvement
Bonds, Series of 1991C, of the City of Virginia
Beach, Virginia, heretofore authorized, and
providing for the form, details and payment
thereof.
Voting: 11-0
Council Members Voting Aye:
John A. Ba6m, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
APPROVeD AS TO C@,TE@:TS
SiCt!ATU.'.E
A'@
@TTORMEY
At a regular meeting of the city Council of the City of
virginia Beach, virginia (the "Council"), held on the 6th day of
August, 1991, at which the following members were present and
absent:
PRESENT:
John A. Baum Paul J. Lanteigne
James W. Brazier, Jr. Reba S. McClanan
Robert W. Clyburn Mayor Meyera E. Oberndorf
Vice Mayor Robert E. Fentress Nancy K. Parker
Harold Heischober William D. Sessoms, Jr.
Louis R. Jones
ABSENT:
the following resolution was adopted by the affirmative roll-call
vote of a majority of all members of the Council, the ayes and nays
being recorded in the ininutes of the meeting as shown below:
MEMBER VOTE
John A Baum Aye
James W. Brazier, Jr. Aye
Robert W. Clyburn Aye
Vice Mayor Robert E. Fentress Aye
Harold Heischober Aye
Louis R. Jones Aye
Paul J. Lanteigne Aye
Reba S. McClanan Aye
Mayor Meyera E. Oberndorf Aye
Nancy K. Parker Aye
William D. Sessoms, Jr. Aye
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE
OF $49,050,000 GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, SERIES OF 1991C, OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, IIERETOFORE
AUTHORIZED, AND PROVIDING FOR THE FORM, DE-
TAILS AND PAYMENT THEREOF
WHEREAS, the issuance of $40,000,000 bonds of the City of
Virginia Beach, Virginia (the "City") , was authorized by an
ordinance adopted by the Council on August 28, 1986, and approved
by the qualified voters of the City at an election held on November
4, 1986, to finance several road and highway projects, $33,150,000
of which bonds have been issued and sold;
WHEREAS, the issuance of $8,000,000 bonds of the City was
authorized by an ordinance adopted by the Council on December 19,
1988, to f inance a program of road, highway and bridge improve-
ments, without being submitted to the qualified voters of the City,
$2,000,000 of which bonds have been issued and sold; and
WHEREAS, the issuance of $29,200,000 bonds of the City was
authorized by an ordinance adopted by the council on December 4,
1989, without being submitted to the qualified voters of the City,
for the purposes and in the amounts shown below, $15,000,000 of
which bonds have been issued and sold:
School Projects, including site acquisition and improvements,
planning, design, construction, renovation, expansion, equipping
and furnishing of schools and related facilities .......................... $ 361,000
Engineering and highway proj@, including site acquisition and improvements,
design, planning, construction, improvement, replacement, expansion and
extension of streets, highways and bridges ............................. 24,486,962
Drainage projects, including dredging the Eastern Branch of flie
Lynhaven River and improvements to Salem Canal ....................... 3,690,000
Building projects, including the design, planning, construction, improvement,
renovation, expansion, equipping and fumishing of the Kempsville
Public Safety and Library Services facilities ............................ 453,540
Parks and Recreation projects, including planning, improvement, construction,
enlargement and development of new parks ............................ $ 208,498
$29,200,000; and
WHEREAS, the issuance of $68,375,000 bonds of the city was
authorized by an ordinance adopted by the Council on August 21,
1989, and approved by the qualified voters of the City at an
election held on November 7, 1989, to finance continuing develop-
ment of the City's school system, $35,000,000 of which bonds have
been issued and sold; and
WHEREAS, the issuance of $8,000,000 bonds of the City was
authorized by an ordinance adopted by the Council on December 4,
1989, without being submitted to the qualified voters of the City,
to finance road and highway improvements, none of which have been
issued and sold; and
WHEREAS, the issuance of $32,500,000 of bonds of the City was
authorized by an ordinance adopted by the Council on December 6,
1990, without being submitted to the qualified voters of the City,
for the purposes and in the amounts shown below, none of which have
been issued and sold:
School Projects, including planning, design, construction, renovation, expansion,
equipping, and fumishing of schools and related facilities ................... $3,619,000
Engineering and highway projects, including site acquisition and improvements,
design, planning, construction, iniprovement, replacement, expansion and
extension of streets, highways and bridges ............................. 20,702,176
Drainage projects, including improvements to Salem Canal and Ocean
Park area, and also including beach erosion and hurricane protection ............ 7,273,859
Building projects, including the design, planning, construction, improvements,
renovation, expansion, equipping and fumishing of fire and rescue stations,
library, storage and other facilities ................................. 904,965
$32,500,000;
WHEREAS, it has been recommended to the council by represen-
tatives of Government Finance Associates, Inc. and Government
Finance Research Center (the "Financial Advisors") that the City
issue and sell, as a single issue of public improvement bonds, the
remaining $6,850,000 of the bonds for road and highway projects
authorized in 1986, the remaining $6,000,000 of the bonds for road,
highway and bridge improvements authorized in 1988, the remaining
$14,200,000 of the bonds for various public improvements authorized
in 1989, $6,000,000 of the bonds for schools authorized in 1989,
all of the $8,000,000 of the bonds for road and highway improve-
ments authorized in 1989 and $8,000,000 of the bonds for various
public improvements authorized in 1990;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. Authorization of Issuance and Sale. There are authorized
to be issued and sold as a single issue of $49,050,000 bonds, the
$6,850,000 unissued amount of the bonds authorized in 1986 for road
and highway projects, the $6,000,000 unissued amount of the bonds
authorized in 1988 for road, highway and bridge improvements, the
$14,200,000 unissued amount of the bonds authorized in 1989 for
various public improvements, $6,000,000 of the unissued amount of
the bonds authorized in 1989 for schools, the $8,000,000 of bonds
authorized in 1989 for the road and highway improvements and
$8,000,000 of the bonds authorized in 1990 for the various public
improvements.
2. Bond Details. The bonds shall be designated "General
obligation Public Improvement Bonds, Series of 1991CII (the
"Bonds"), shall be dated August 1, 1991, shall be in fully
registered form, in denominations of $5,000 and iuultiples thereof,
and shall be numbered R-1 upward. The Bonds shall mature in
installments on August I in years and amounts as follows:
Year Amount Year Amount
1992 $2,450,000 2002 $2,450,000
1993 2,450,000 2003 2,450,000
1994 2,450,000 2004 2,450,000
1995 2,450,000 2005 2,450,000
1996 2,450,000 2006 2,450,000
1997 2,450,000 2007 2,450,000
1998 2,450,000 2008 2,450,000
1999 2,450,000 2009 2,450,000
2000 2,450,000 2010 2,450,000
2001 2,450,000 2011 2,500,000
Each Bond shall bear interest at such rate or rates as shall be
determined at the time of sale, payable semiannually on February 1
and August 1, beginning February 1, 1992, (a) from August 1, 1991,
if it is authenticated prior to February 1, 1992, or (b) otherwise
- 3 -
from the February 1 or August 1 that is, or immediately precedes,
the date on which it is authenticated (unless payment of interest
thereon is in default, in which case such Bond shall bear interest
from the date to which interest has been paid).
Initially, one Bond certificate for each maturity shall be
issued to The Depository Trust Company, New York, New York (IIDTCII) ,
which is designated as the securities depository for the Bonds, or
its nominee, and immobilized in its custody. So long as DTC is
acting as securities depository for the Bonds, a book entry system
shall be employed, evidencing ownership of the Bonds in principal
amounts of $5,000 or multiples thereof, with transfers of ownership
effected on the records of DTC and its participants pursuant to
rules and procedures established by DTC and its participants.
Interest on the Bonds shall be payable in clearinghouse funds to
DTC or its nominee as registered owner of the Bonds. Principal,
redemption premium, if any, and interest shall be payable in lawful
money of the United States of America by the City Treasurer, who is
appointed Registrar (the "Registrar"). Transfer of principal and
interest payments to participants of DTC shall be the respon-
sibility of such participants and other nominees of beneficial
owners. The City shall not be responsible or liable for maintain-
ing, supervising or reviewing the records maintained by DTC, its
participants or persons acting through such participants.
In the event that (a) DTC determines not to continue to act as
securities depository for the Bonds, (b) the chief f inancial
officer of the City determines that DTC is incapable of discharging
its duties or that continuation with DTC as securities depository
is not in the best interest of the City, or (c) the chief financial
officer of the City determines that continuation of the book entry
system of evidence of ownership and transfer of ownership of the
Bonds is not in the best interest of the City or the benef icial
owners of the Bonds, the City shall discontinue the book entry
system with DTC. If the City fails to identify another qualified
securities depository to replace DTC, the City shall authenticate
and deliver replacement bonds in the form of fully registered
certificates, substantially in the form as set forth in paragraph
5 with such variations, omissions or insertions that are necessary
or desirable in the delivery of replacement certificates, and
registration of transfer of the Bonds shall be permitted as
described in paragraph 7.
3. Redemption Provisions. Bonds maturing on or before August
1, 2001, are not subject to redemption prior to maturity. Bonds
maturing on or after August 1, 2002, are subject to redemption
prior to maturity at the option of the City on or after August 1,
2001, in whole at any time or in part on any interest payment date,
upon payment of the following redemption prices (expressed as a
percentage of principal amount of Bonds to be redeemed) plus
interest accrued and unpaid to the redemption date:
- 4 -
Period During Which Redeemed Redemption
Both Dates Inclusiva- Price
August 1, 2001 to July 31, 2002 102
August 1, 2002 to July 31, 2003 1011/2
August 1, 2003 to July 31, 2004 101
August 1, 2004 to July 31, 2005 1001/2
August 1, 2005 and thereafter 100
if less than all of the Bonds are called for redemption, the
maturities of Bonds to be redeemed will be selected by the chief
financial off icer of the City in such manner as he may determine to
be in the best interest of the City. If less than all the Bonds of
a particular maturity are called for redemption, the Bonds within
such maturity to be redeemed will be selected by DTC or any
successor securities depository pursuant to its rules and proce-
dures or, if the book entry system is discontinued, will be
selected by the Registrar by lot in such manner as the Registrar in
its discretion may determine. In either case, (a) the portion of
any Bond to be redeemed shall be in the principal amount of $5,000
or some integral multiple thereof and (b) in selecting Bonds for
redemption, each Bond shall be considered as representing that
number of Bonds that is obtained by dividing the principal amount
of such Bond by $5,000. The City will cause notice of the call for
redemption identifying the Bonds or portions thereof to be redeemed
to be sent by registered or certified mail, not less than 30 nor
more than 60 days prior to the redemption date, to DTC or its
nominee as the registered owner thereof. The City will not be
responsible for mailing notice of redemption to anyone other than
DTC or another qualified securities depository or its nominee
unless no qualified securities depository is the registered owner
of the Bonds. If no qualified securities depository is the
registered owner of the Bonds, notice of redemption will be mailed
to the registered owners of the Bonds. If a portion of a Bond is
called for redemption, a new Bond in principal amount equal to the
unredeemed portion thereof will be issued to the registered owner
upon the surrender hereof.
If no qualified securities depository is the registered owner
of the Bonds, the City may appoint a qualified bank as paying agent
and registrar of the Bonds.
If no qualified securities depository is the registered owner
of the Bonds, registration of transfer of Bonds and exchange of
certificates may be effected at the office of the Registrar.
4. Execution and Authentication. The Bonds shall be signed
by the manual or facsimile signature of the Mayor, shall be
countersigned by the manual or facsimile signature of the Clerk,
and the City's seal shall be affixed thereto or a facsimile thereof
printed thereon. No Bond signed by facsimile signatures shall be
valid until it has been authenticated by the manual signature of an
5
authorized off icer or employee of the Registrar and the date of
authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General obligation Public Improvement Bond, series of 1991C
INTEREST RATE MATURITY DATE DATED DATE CUSIP
August 1, August 1, 1991
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, virginia (the "City"), for value
received, promises to pay, upon surrender hereof, to the registered
owner thereof, or registered assigns or legal representative, the
principal sum stated about on the maturity date stated above,
subject to prior redemption as hereinafter provided, and to pay
interest hereon semiannually on each February I and August 1,
beginning February 1, 1992, at the annual rate stated above.
Interest is payable (a) from February 1, 1991, if this bond is
authenticated prior to February 1, 1992, or (b) otherwise from the
February I or August 1 that is, or immediately precedes, the date
on which this bond is authenticated (unless payment of interest
hereon is in default, in which case this bond shall bear interest
from the date to which interest has been paid) . Principal,
premium, if any, and interest are payable in lawful money of the
United States of America by the City Treasurer, who has been
appointed Registrar (the "Registrar"). Notwithstanding any other
provision hereof, this bond is subject to a book-entry system
maintained by The Depository Trust Company (IIDTCII), and the payment
of principal and interest, the providing of notices and other
matters shall be made as described in the City's Letter of
Representations to DTC.
This bond is one of an issue of $49,050,000 General Obligation
Public Improvement Bonds, Series of 1991C, of like date and tenor,
except as to nuinber, denomination, rate of interest, privilege of
redemption and maturity, and is issued pursuant to the Constitution
and statutes of the Commonwealth of Virginia, including the City
- 6 -
Charter and the Public Finance Act of 1991. of such amount
$6,850,000 for road and highway projects were authorized by an
ordinance adopted by the Council on August 28, 1986, and approved
at an election held on November 4, 1986, $6,000,000 for road,
highway and bridge improvements were authorized by an ordinance
adopted by the Council on December 19, 1988, without being
submitted to the voters, $14,200,000 for various public improve-
ments were authorized by an ordinance adopted by the Council on
December 4, 1989, without being submitted to the voters, $6,000,000
for schools were authorized by an ordinance adopted by the Council
on August 21, 1989, and approved at an election held on November 7,
1989, $8,000,000 for road and highway improvements were authorized
by an ordinance adopted by the Council on December 4, 1989, without
being submitted to the voters, and $8,000,000 for various public
improvements were authorized by an ordinance adopted by the Council
on December 6, 1990, without being submitted to the voters.
Bonds maturing on or before August 1, 2001, are not subject to
redemption prior to maturity. Bonds maturing on or after August 1,
2002, are subject to redemption prior to maturity at the option of
the City on or after August 1, 2001, in whole at any time or in
part on any interest payment date, upon payment of the following
redemption prices (expressed as a percentage of principal amount of
bonds to be redeemed) plus interest accrued and unpaid to the
redeinption date:
Period During Which Redeemed Redemption
Both Dates Inclusi e Price
August 1, 2001 to July 31, 2002 102
August 1, 2002 to July 31, 2003 1011/2
August 1, 2003 to July 31, 2004 101
August 1, 2004 to July 31, 2005 1001/2
August 1, 2005 and thereafter 100
If less than all of the bonds are called for redemption, the
bonds to be redeemed will be selected by the chief financial
of f icer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the bonds of a
particular maturity are called for redemption, the bonds within
such maturity to be redeemed will be selected by DTC or any
successor securities depository pursuant to its rules and proce-
dures or, if the book entry system is discontinued, will be
selected by the Registrar by lot in such manner as the Registrar in
its discretion may determine. In either case, (a) the portion of
any bond to be redeemed shall be in the principal amount of $5,000
or some integral multiple thereof and (b) in selecting bonds for
redemption, each bond shall be considered as representing that
number of bonds that is obtained by dividing the principal amount
of such bond by $5, 000. The City will cause notice of the call for
redemption identifying the bonds or portions thereof to be redeemed
to be sent by registered or certified mail, not less than 30 nor
7
more than 60 days prior to the redemption date, to DTC or its
nominee as the registered owner thereof.
The full faith and credit of the City are irrevocably pledged
for the payment of principal of and interest on this bond.
All acts, conditions and things required by the Constitution
and statutes of the Commonwealth of Virginia to happen, exist or be
performed precedent to and in the issuance of this bond have
happened, exist and have been performed, and the issue of the bonds
of which this bond is one, together with all other indebtedness of
the City, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has
caused this bond to be signed by its Mayor, to be countersigned by
its Clerk, its seal to be affixed hereto and this bond to be dated
August 1, 1991.
COUNTERSIGNED:
(SEAL)
Clerk Mayor
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and
transfer (s) unto (Please pilnt-or type
name and address, including postal z p code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
8
the within bond and all rights thereunder, hereby irrevocably
constituting and appointing , Attorney, to transfer said bond
on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: signature(s) must be (Signature of Registerea owner)
guaranteed by a member firm
of the New York Stock NOTICE: The signature above must
Exchange or a commercial bank correspond with the name of the
or trust company. registered owner as it appears on
the front of this bond in every par-
ticular, without alteration or en-
largement or any change whatsoever.
6. Pledge of Full Faith and Credit. The full faith and
credit of the City are irrevocably pledged for the payment of
principal of and interest on the Bonds. Unless other funds are
lawfully available and appropriated for timely payment of principal
and interest on the Bonds the Council shall levy and collect an
annual ad valorem tax, without limitation as to rate or amount, on
all locally taxable property in the City sufficient to pay the
principal of and interest on the Bonds, as the same become due.
7. Registration, Transfer and owners of Bonds. If no
qualified securities depository is the registered owner of the
Bonds, the City may appoint a qualified bank as paying agent and
registrar of the Bonds. The Registrar shall maintain registration
books for the registration of Bonds. Upon surrender of any Bonds
at the office of the Registrar, together with an assignment duly
executed by the registered owner or his duly authorized attorney or
legal representative in such form as shall be satisfactory to the
registrar, the City shall execute and the Registrar shall authen-
ticate and deliver in exchange, a new Bond or Bonds having an equal
aggregate principal amount, in authorized denominations, of the
same form and maturity, bearing interest at the same rate, and
registered in names as requested by the then registered owner or
his duly authorized attorney or legal representative. Any such
exchange shall be at the expense of the City, except that the
Registrar may charge the person requesting such exchange the amount
of any tax or other governmental charge required to be paid with
respect thereto.
9
The Registrar shall treat the registered owner as the person
exclusively entitled to payment of principal, premium, if any, and
interest and the exercise of all other rights and powers of the
owner, except that interest payments shall be made to the person
shown as owner on the registration books on the 15th day of the
month preceding each interest payment date.
S. Notice of Sals. The City manager, in collaboration with
the Financial Advisors, is authorized and directed to take all
proper steps to advertise the Bonds for sale in accordance with a
Notice of Sale in form similar to such notices used for prior City
bond issues.
9. official Statement. A draft dated July 30, 1991, of a
Preliminary official Statement describing the Bonds, copies of
which have been provided to the members of the Council, is approved
as the form of the Preliminary official Statement by which the
Bonds will be offered for sale, with such completions, omissions,
insertions and changes not inconsistent with this resolution as the
City Manager, in collaboration with the Financial Advisors, may
consider appropriate. The City Manager, in collaboration with the
Financial Advisors, shall make such completions, omissions,
insertions and changes in the Preliminary official Statement not
inconsistent with this resolution as are necessary or desirable to
complete it as a final official Statement. The City shall arrange
for the delivery to the successful bidder on the Bonds of a
reasonable number of copies of the final Official Statement, within
seven business days after the Bonds have been awarded, for delivery
to each potential investor requesting a copy of the Official
Statement and to each person to whom such bidder and members of his
bidding group initially sell Bonds.
10. official Statement Deemed Final. The city Manager is
authorized, on behalf of the City, to deem the Preliminary official
Statement and the official Statement in final form, each to be
final as of its date within the meaning of Rule 15c2-12 of the
Securities and Exchange Commission, except for the omission in the
Preliminary Official Statement of certain pricing and other
information allowed to be omitted pursuant to such Rule 15c2-12.
The distribution of the Preliminary official Statement and the
Official Statement in final form shall be conclusive evidence that
each has been deemed final as of its date by the City, except for
the omission in the Preliminary Official Statement of such pricing
and other information permitted to be omitted pursuant to Rule
15c2-12.
11. Preparation and Delivery of Bonds. After bids have been
received and the Bonds have been awarded, the Mayor, the City
Manager and the Clerk are authorized and directed to take all
proper steps to have the Bonds prepared and executed in accordance
with their terms and to deliver the Bonds to the purchasers thereof
upon payment therefor.
- 10 -
12. Arbitrage Covenants. The city covenants that it shall
not take or omit to take any action the taking or omission of which
will cause the Bonds to be "arbitrage bonds" within the meaning of
Section 148 of the Internal Revenue Code of 1986, as amended,
including regulations issued pursuant thereto (the "Codelf) . or
otherwise cause interest on the Bonds to be includable in the gross
income of the registered owners thereof under existing statutes.
Without limiting the generality of the foregoing, the City shall
comply with any provision of law that may require the City at any
time to rebate to the United States any part of the earnings
derived from the investment of the gross proceeds of the Bonds.
The City shall pay from its legally available general funds any
amount required to be rebated to the United States pursuant to the
Code.
13. SNAP investment Authorization. The council has previous-
ly received and reviewed an Information Statement dated
September 1, 1989 (the "Information statement") , describing the
State Non-Arbitrage Program of the Commonwealth of Virginia
(IISNAP") and the Contract Creating the state Non-Arbitrage Program
Pool I dated January 16, 1989 (the "Contract") - The Council
authorizes the Treasurer to utilize SNAP in connection with the
investment of the proceeds of the Bonds. The Council acknowledges
that the Treasury Board of the Commonwealth of Virginia is not, and
shall not be, in any way liable to the City in connection with
SNAP, except as otherwise provided in the Contract.
14. Non-Arbitrage Certificate and Elections. Such officers
of the City as may be requested are authorized and directed to
execute an appropriate certificate setting forth the expected use
and investment of the proceeds of the Bonds, and to make any
elections such officers deem desirable regarding any provision
requiring rebate of earnings to the United states, for purposes of
complying with Section 148 of the Code. Such certificate and
elections shall be in such forms as may be requested by bond
counsel for the City.
15. Private Activity Bond Covenant. The City covenants that
it shall not permit the proceeds of the Bonds to be used in any
manner that would result in (a) 5% or more of such proceeds being
used in a trade or business carried on by any person other than a
governmental unit, as provided in Section 141(b) of the Code, (b)
5% or more of such proceeds being used with respect to any output
facility (other than a facility for the furnishing of water),
within the meaning of Section 141(b)(4) of the Code, or (c) 5% or
more of such proceeds being used directly or indirectly to make or
finance loans to any persons other than a governmental unit, as
provided in Section 141(c) of the Code; provided, however, that if
the City receives an opinion of nationally recognized bond counsel
that any such covenants need not be complied with to prevent the
interest on the Bonds from being includable in the gross income for
- 11 -
Federal income tax purposes of the registered owners thereof under
existing law, the City need not comply with such covenants.
16. Pursuant to the provisions of Section 15.1-227.65, the
City elects that the Bonds will be issued under the Public Finance
Act of 1991.
17. Other Actions. All other actions of officers of the City
in conformity with the purposes and intent of this resolution and
in furtherance of the issuance and sale of the Bonds are approved
and conf irmed. The officers of the City are authorized and
directed to execute and deliver all certificates and instruments
and to take all such further action as may be considered necessary
or desirable in connection with the issuance, sale and delivery of
the Bonds.
18. Repeal of Conflicting Resolutions. All resolutions or
parts of resolutions in conflict herewith are repealed.
19. Ef f ective Date. This resolution shall take effect
immediately.
The undersigned Clerk of the City of Virginia Beach, Virginia,
certifies that the foregoing constitutes a true and correct extract
from the minutes of a regular meeting of the Council held on the
6th day of August, 1991, and of the whole thereof so far as ap-
plicable to the matters referred to in such extract.
WITNESS my signature and the seal of the city of virginia
Beach, Virginia, this day of August, 1991.
(SEAL) Clerk, City of virginia Eeach,
Virginia
- 12 -
Item 111-1.2.a.
RESOLUTIONS/ORDINANCES ITEM # 34710
The Honorable Glenn B. McClanan, House of Delegates, Commonwealth of Virginia,
advised the question A. contained in the proposed resolution is proper and well
phrased and can be asked on the Ballot.
Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City
Council ADOPTED, AS AMENDED*:
Resolution providing for a Referendum on the
question ot whether the General Assembly should be
requested to amend the Charter of the City of
Virginia Beach to provide for the direct election
of the School Board.
*The question on the BALLOT shall read as follows:
Should the Clty Council request the General
Assembly to amend the Charter ot the City of
Virginia Beach to provide that members of the
School Board shall be directly elected by the
voters of the City?
Question B. "Should a directly elected School
Board be granted a separate and independent
taxing authority" shall be deleted from the
Resolution.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voti.Ag Nay:
None
Council Members Absent:
None
1 A RESOLUTION PROVIDING FOR A
2 REFERENDUM ON THE QUESTION OF
3 WHETHER THE GENERAL @SSEMBLY SHOULD
4 BE REQUESTED TO AMEND THE CHARTER OF
5 THE CITY OF VIRGINIA BEACH TO
6 PROVIDE FOR THE DIRECT ELECTION OF
7 THE SCHOOL BOARD
9 WHEREAS, pursuant to the existing Charter of the City of
10 Virginia Beach, members of the School Board are appointed to their
11 positions by the City Council; and
12 WHEREAS, the City Council of the City of Virginia Beach
13 is of the opinion that the voters of the City of Virginia Beach
14 should be asked to decide whether the city council should request
15 the General Assembly to amend the City's Charter to provide for the
16 direct election of the School Board by the voters of the City.
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 1. That the Circuit Court of the City is hereby
20 requested to order an election pursuant to SSSS 15.1-834 and 24.1-
21 165 of the Code of Virginia of 1950, as amended, to be held on
22 November 5, 1991, to determine if the qualified voters of the City
23 desire the Council to request the General Assembly to amend the
24 City's Charter so as to provide for the direct election of the
25 School Board.
26 2. That the question for the ballot shall read as
27 follows:
28 Should the City Council request the
29 General Assembly to amend the
30 Charter of the City of Virginia
31 Beach to provide that members of the
32 School Board shall be directly
33 elected by the voters of the City?
34 3. If the qualified voters of the City vote in favor of
35 such request, the Mayor shall provide for the transmittal of two
36 certified copies of the results of such election together with the
37 publisher's affidavit and the proposed amendments to the City's
38 Charter to one or more members of the General Assembly
39 representing the City with a request that the General Assembly
40 amend the Charter in the manner provided in SS 15.1-834.
41 Adopted by the Council of the city of Virginia Beach,
42 Virginia, on the 6 day of - August -, 1991.
43
44 CA-4064 1
45 R-3
46 Noncode/CA4064-RES
2
VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH
IN THE MATTER OF
THE AMENDMENT OF THE CIIARTER
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, TO PROVIDE FOR THE
DIRECT ELECTION OF THE SCIIOOL
BOARD
0 R D E R
There having been presented to the Court a certified copy of
a resolution adopted by the City Council of the City of Virginia
Beach, Virginia, on the day of I 1991,
requesting the Court to order an election on the question of
requesting the General Assembly to amend the Charter of the City
of Virginia Beach to provide for the direct election of the School
Board, and it appearing that such resolution has been duly
adopted; it is hereby ADJUDGED and ORDERED as follows:
1. Such resolution is hereby filed.
2. The election shall be on the 5th day of November, 1991,
that being a day not less than sixty days from the date hereof,
not within sixty days prior to a general or primary election and
not the same day as a primary election, on which date the regular
election officers shall open a poll and take a sense of the
qualified voters of the City of virginia Beach on the question of
requesting the General Assembly to amend the Charter of the City
of Virginia Beach to provide for the direct election of the School
Board.
3. The ballot to be used at the election shall pose the
question in substantially the following form:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, VIRGINIA
Special Election
November 5, 1991
CHARTER AMENDMENT
Should the City Council request the General
Assembly to amend the Charter of the City of
Virginia Beach to provide that members of the
School Board shall be directly elected by the
voters of the City?
4. The election shall be conducted and the ballots counted
and the returns made and canvassed in the manner provided by law
for other elections, and the results thereof shall be certified
to the Court and to the City Council.
5. A copy of this Order shall serve as the writ of election.
The Sheriff of the City of Virginia Beach shall forthwith serve
a certified copy of this Order upon Shirley H. Mulderrig, the
Secretary of the Electoral Board of the city of Virginia Beach,
who shall thereupon forthwith cause to be posted certified copies
of this order at each voting place and at three other public
places in the City. The Sheriff and the Secretary shall make
their respective returns to the court that they have executed the
same.
6. At least ten days before the election, the text of an
informative summary of the proposed Charter amendment shall be
published in a newspaper of general circulation in the City of
virginia Beach.
2
I
I
i 7. The Clerk of the Court shall forthwith send a certified
copy of this Order to the State Board of Elections.
I Enter this day of , 1991.
I Judge
3
1
- 19 -
Item III-I.2.b.
RESOLUTIONS/ORDINANCES ITEM # 34711
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution directing the City Attorney to proceed
with the preparation of a Charter Amendment, re
General Assembly legislation to allow for elected
School Board Members, in substantial compliance
with informative Charter Amendment Sumary:
AND,
Second Informative Summary of City Charter
Amendment Proposal to be voted on at the November
5, 1991, General Election concerning Elected School
Boards.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION DIRECTING THE CITY
2 ATTORNEY TO PROCEED WITH THE
3 PREPARATION OF A CFIARTER AMENDMENT
4 IN SUBSTANTIAL COMPLIANCE WITH
5 INFORMATIVE CHARTER AMENDMENT
6 SUMMARY
7
8 WHEREAS, Section 15.1-834 of the Code of Virginia
9 provides that at least ten days prior to the holding of a Charter
10 election, the text of an informative summary of the proposed
11 charter amendment shall be published in a newspaper of general
12 circulation in the city.
13 WHEREAS, the exact wording of the informative
14 charter amendment summary is not required until ten (10) days
15 prior to the election.
16 WHEREAS, the City Coulicil has considered proposed
17 informative charter summaries.
18 NOW, THEREFORE, BE IT RESOLVED BY TIIE COUNCIL OF THE CITY OF
19 VIRGINIA BEACII, VIRGINIA:
20 That the City Attorney is directed to proceed with the
21 preparation of a charter amendment in substantial compliance with
22 the attached informative charter amendment summary and return to
23 tlie city council for final approval.
24
25 Adopted bv t he Council of the City of Virginia Beach,
26 Virginia on the 6 day of August
19 91
27 CA-4396
28 R-1
29 Noncode\
30
31
SECOND
INFORMATiVE SUMMARY OF
CITY OF VIRGINIA BEACH CHARTER
AMENDMENT PROPOSAL TO BE VOTED ON AT
THE NOVEMBER 5,1991 GENERAL ELECTION
Pursuant to request of the City Councjl, the Circuit Court of the CitY of Virginia
Beach has ordered a Charter election at tile November 5, 1991 general election on the
question of amending the Charter of the City of Virginia Beach to provide for the direct
election of the City's School Board. If the question is approved at the el,ction, two
certified copies of the election results together with the publisher's affidavit and the
Charter amendmelits shall be transmitted to one or more members of the General
Assembly representing the CitY of Virginia Beach for introduction as a bill in the
succeeding session of the General Assembly.
The proposed amendment to the Charter is summarized as follows:
COMPOSITION AND ELECTION OF THE BOARD:
ection 16-02 of the Charter is ainended to provide that the term of office of
members appointed to the School Board shall not extend beyond June 30, 1996.
ectiOn 16-03 is added and provides that effective July 1, 1996 the School Board
shall be elected by the voters of the City at large. This section also provides that the
elected School Board shall consist of 11 members, including the chairman, 1 member for
each borough, to be elected by the voters of the City at large from among the residents
of each of the 7 boroughs, and 3 members and the chairman to be elected by and from
the City at large.
Section 16-04 provides that the first election of School Board members is to be held
on tbe first Tuesday in May, 1996, and the elected members will take office on the fi,st
day of July, 1996. Members elected at the first election shall serve staggered terms, with
no member serving a term of more than 4 years. After the initial election, all members
and the chairman shall be elected for terms of 4 years.
ection 16-05 provides that vacancies on the School Board shall be filled for the
unexpired term pursuant to a majority vote of the remaining members of the School
Board.
ection 16-06 provides that any registered and qualified voter of the City who has
secured the signature of 125 voters on a petition properly filed and certified shall have his
name placed on the ballot for election to the School Board. Any candidate seeking to
represent a specific borough must physically reside in such borough.
ection 16.07 provides that the responsibilities and duties of the chairman shall be
as provided by general law.
ection 16.08 provides that the vice-chairman shall be elected by the majority of the
members of the School Board and shall serve a term of 2 years.
HOUSE KEEPING PROVISIONS:
ection 16.09 provides that in the event the Charter amendment conflicts with
geDeral statutes the Charter sliall prevail.
ection 16.10 provides that in the event that any part, section, provision, sentence,
clause or phrase contained in chapter 16 of the Charter is adjudged invalid, the remainder
of the Chapter shall remain in effect and unimpaired.
2
- 20 -
Item 111-1.3.a.b.
RESOLUTIONS/ORDINANCES ITEM # 34712
Upon motion by Counci Iman Heischober, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Resolution requesting Virginia General Assembly
Initiate procedures for a Constitutional Amendment
authorizing direct electiort, of School Board with
taxing authority.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
James W. Brazier, Jr., Louis R. Jones, Reba S.
McClanan and William D. Sessoms, Jr.
Council Members Absent:
None
1
2
1 A RESOLUTION REQUESTING THE GENERAL
2 ASSEMBLY OF VIRGINIA TO INITIATE
3 PROCEDURES FOR A CONSTITUTIONAL
4 AMENDMENT AUTHORIZING THE DIRECT
5 ELECTION OF SCHOOL BOARDS WITH
6 TAXING AUTHORITY
7
8 WHEREAS, the Attorney General has opined that it
9 would not be appropriate to submit to the voters of the City of
10 Virginia Beach a question regarding a directly-elected School
11 Board with taxing authority since the General Assembly could not
12 constitutionally enact such a provision.
13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
14 THE CITY OF VIRGINIA BEACH, VIRGINIA:
15 That the General Assembly of virginia is requested to
16 initiate appropriate amendment(s) to the State Constitution to
17 authorize the direct election of school boards with taxing
18 authority.
19 Adopted by the Council of the City of Virginia
20 Beach, Virginia on the 6 day of August 19 91
21 CA-4388
22 R-2
23 Noncode\CA4388
24
25
26
- 21 -
Item 111-1.4.
RESOLUTIONS/ORDINANCES ITEM # 34713
Upon motion by Councl lman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution requesting the General Assembly Include
Members of City Councils and Boards of Supervlsors
as persons eligible to participate in the Virginia
Retirement System.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne and
William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McCianan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Absent:
None
1 A RESOLUTION REQUESTING THE GENERAL
2 ASSEMBLY TO INCLUDE MEMBERS OF CITY
3 COUNCILS AND BOARDS OF SUPERVISORS
4 AS PERSONS ELIGIBLE TO PARTICIPATE
5 IN THE VIRGINIA RETIREMENT SYSTEM
6 WHEREAS, throughout the Commonwealth of Virginia,
7 selfless, dedicated, and able men and wolnen devote themselves to
8 service on City Councils and Boards of Supervisors;
9 WHEREAS, many of these local lawmakers have served for
10 decades;
11 WHEREAS, the salary paid to the Council Members and
12 Supervisors has always been quite low;
13 WHEREAS, in gratitude for their service and as an
14 encouragement for further service, the right of participation in
15 the Virginia Retirement System would be a positive way for the
16 Commonwealth to recognize the contribution of its Council Members
17 and Supervisors; and
18 WHEREAS, the Council of the City of Virginia Beach
19 recognizes the justice and fairness of having its members made
20 eligible for benefits under the Virginia Retirement System.
21 NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That City Council hereby requests the General Assembly to
24 include members of City Councils and Boards of Supervisors as
25 persons eligible for participation in the Virginia Retirement
26 System.
27 BE IT FURTHER RESOLVED, that the City Clerk is hereby
28 directed to provide copies of this Resolution to members of the
29 House Appropriations Committee, members of the local delegation to
30 the General Assembly, the Virginia Association of Counties, and
31 the Virginia Municipal League.
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the 6 day of August 1991.
34 CA-4356
35 T:\ordin\noncode\VRS.RES
36 R-3
- 22 -
Item III-I.5.
RESOLUTIONS/ORDINANCES ITEM # 34714
Maurice Jackson, President of Council of Civic Organizations, spolce in SUPPORT
of the Resolution.
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED, AS AMENDED:
Resolution approving a change in City Policy to
allow City Council and General Assembly Candidate
Forums be broadcast on Municipal Cable Channel 29.
Line 24 shall be AMENDED to read:
"BE IT FURTHER RESOLVED, that the City Manager is
authorized to MCN 29 Overall Policy,
to be recommended by the Committee, with the
inclusion of General Assembly Candidate Forums.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION TO APPROVE A CHANGE IN
2 CITY POLICY TO ALLOW CITY COUNCIL
3 AND GENERAL ASSEMBLY CANDIDATE
4 FORUMS TO BE BROADCAST ON MUNICIPAL
5 CABLE CHANNEL 29
6 WHEREAS, the Committee to study Council Candidate Forums
7 to be broadcast over Municipal Cable Network Channel 29 has
8 completed its report;
9 WHEREAS, copies of this report dated July 17, 1991, have
10 been distributed to the City Manager and the City Council;
11 WHEREAS, the Committee recommended changes to the MCN
12 Operating Policy to address the issues related to political
13 programming on MCN 29; and
14 WHEREAS, in addition to the recommendations of the
15 committee, City Council has determined that it would b, in th,
16 interests of the citizens to allow General Assembly Candidate
17 Forums, as well as City Council Candidate Forums, to be broadcast
18 over MCN 29.
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
20 CITY OF VIRGINIA BEACH, VIRGINIA:
21 That the Report of the Committee on Council Candid,te
22 Forums be accepted, and
23 BE IT FURTHER RESOLVED, that the City Manager is
24 authorized to develop a new MCN 29 Overall Policy, to be
25 recommended by the Committee, with the inclusion of General
26 Assembly Candidate Forums.
27 Adopted by the Council of the City of Virginia Beach,
28 virginia, on the _ 6 day of August _, 1991.
29 CA-4373
30 CABLE.RES
31 R-3
- 23 -
Item 111-1.6.
RESOLUTIONS/ORDINANCES ITEM # 34715
The following spoke In SUPPORT of the Ordinance:
Father William Dale, 4853 Princess Anne Road, Phone: 495-1886, Member of
Fellowship Committee. Father Dale's Statement is hereby made a part of the
record.
E. George Minns, President - NAACP - Virginia Beach, 1429-A Reynard Crescent,
Phone: 427-0250. The local NAACP requested the establishment of some form of
a Human Rights Commission on October 2, 1990. The NAACP had requested the
Human Rights Commission have subpoena powers.
A Motion was made by Vice Mayor Fentress, seconded by Councilman Clyburn that
City Council ADOPT an Ordinance to AMEND and REORDAIN Chapter 2 of the Code of
the City of Virginia Beach, Virginia, by ADDING a new Article XXVI re Human
Rights Cominission.
A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman
Jones, to DEFER an Ordinance to AMEND and REORDAIN Chapter 2 of the Code of the
City of Virginia Beach, Virginia, by ADDING a new Article XXVI re Human Rights
Commission.
Councilman Heischober advised the City Staff has provided him with information
regarding agencies in place involved with dealing with descrimination and
invasion of human rights. There are over sixty (60) agencies in the Federal,
State, City Government and the private sector. An individual from the Public
Information Office or an appropriate City Manager Designee could be selected to
respond to individuals having a problem concerning housing, employment,
education, public accomodations, human relations, etc., and direct them to the
appropriate existing agency within the City. Councilman Heischober requested
this Ordinance be DEFERRED until this Plan can be modified, prepared and
presented.
Voting: 4-7 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Harold Heischober, Louis R. Jones and
William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
None
- 24 -
Item III-I.6.
RESOLUTIONS/ORDINANCES ITEM # 34715 (Continued)
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED, AS AMENDED:
Ordinance to AMEND and REORDAIN Chapter 2 of the
Code of the City of Virginia Beach, Virginia, by
ADDING a new Article XXVI re Hilman Rights
Commission.
A semi-annual written report of the Commission's activities on or before
December Thirtieth and June Thirtieth of each year shall be provided City
Council.
Voting: 7-4
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
John A. Baum, Harold Heischober, Louis R. Jones and
William D. Sessoms, Jr.
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN
2 CHAPTER 2 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, BY ADDING
4 A NEW ARTICLE XXVI PERTAINING TO
5 HUMAN RIGHTS COMMISSION
6
7 BE IT ORDAINED by the Council of the City of Virginia
8 Beach:
9 That Chapter 2 of the Code of the City of Virginia Beach,
10 virginia, is hereby amended and reordained by adding a new Article
11 XXVI to read as follows:
12
13 ARTICLE XXVI. HUMAN.RIGHTS COMMISSION
14
15 Section 2-459. Commission--Established; composi ntment
16 and terms of members; etc.
17 (a) There is hereby he nia Beach
18 Human Rights ich shall consist of eleven (11) members.
19 (b) The members of the Commission shall be appointed by
20 the City Council... of those first a inted, three (3) members
21 shall.be appointed for.a term of one (1) vear@four (4) for a term
22 of two (2) rs; for.. a term of three (3)-. years; and
23 thereafter al intmen r a term of -three (3) years.
24 The Commission shall el.ect, from its members, a chai.rperson and
25 vice- air erson.
26 (c) Attendance records shall be ket)t at each meeting of
27 the Commission, and an annua hall be
28 submitted to City Council through the City Clerk's office. No
29 member shall hen three-. (3)
30 absences (not to exceed one-fourth of the total number of meetings)
31 for reasons other than r)( other unusual
32 circumstances. If this limitation is exceed_ed -.the chairperson
33 shall -t to.th the.name of the Commission member
34 whose unexcused absences exceed the number set forth-.herein. The
35 CitV Clerk shall then no nq, with copies to the city
36 Council, the r that., due-to absences in excess of
37 the number allowed herein, their term of membership on the
38 commission has terrninated. rk shall
39 fo to the
anCV to the
40 ommission member.
41 (d) Notwithstanding the Provisions of subsection b
42 and of the Commission shall serve at the pleasure
43 of
44 (e) Members of the
45 comuensation- h@,+- a rop t
46 for @penses to be incurr the
47 co
48
49 ection 2-460. Staff assistannae A.4 S.
50 (a) The CitV's EEO/AA coordinator in an
51 advisorv cananit, +-, +-v,-
52 assi t the chair-m in th
53 das.
54 (b) The city shall Provide the Co
55 of a f
56 the Commissinn -@A d the minutes
57
58 Sectio 2-461. Duties, powers nd function.
59 The Co
60 ested with the followincr cilit-i..
61 nd function-.
62 (a) To institut--P- .,,q
63 informational programs for the Promotion Of mutual understandincr
64 and respect amo@citizens, an the fulf
65 (b) To serve a,, A f@,,,- F--
66 rights issues, a
67 itv.
68 (c) To Provide assi tance to Persons who belie e their
69 rights have been violated bv id :)propriate federal,
70 ddress the com laint and ferrinq such
71 Persons to that nc .
72 (d) To Provide city Council and the City er an
73 semi-annual written renor
r
74
2
75
76 affairs.
77
78 Adopted by the Council of the CitY of Virginia Bea,h this
79 6 day of August 1991.
80
81 CA-4351
82 T:\ORDIN\NONCODE\HUMAN2.ORD
83 R-6
3
I FELLOWSHIP COMMITTEE
FINAL REPORT
June 11, 1991
Vir,@inia Beach, Va. 23462
TABLE OF CONTENTS
CONCLtSIONS OF THE FELLOWSHIP Co EE 4
FORMAL R-ECOMAMNDATION
PROPOSED ORDINANCE
7
CHA,RGE OF THE COMMTTEE
PHASE I 9
PHASE 11 I I
PHASE IH I 1
12
WORK OF THE COUMTTEE
INTF-RVIEWS .......... 14
..............................
FEDERAL AGENciEEs 15'
19
E-ULLOWSIUP COMMTTEE
P.O.Box 62491
Vir,@inia Beach, Va. '-)3462
June 11, 1991
City of Virainia Beach
Municipal Center
Vir,@inia Beach, Va. 23456-9000
Dear I
Enclo@ please find the report of the Fellowship Committee which you called into bein.- on
November 6, 1990 to investi@ate and recommend the n@ for the establishment of a Human
Ri.@hts Commission in the city of Vir,@inia Beach.
This report reflects of the work of the Committe-- during of the past several months. The
Committee reflected the wide diversity of the population of our city and despite the healthy
differences which existed amon,@ us, I am pleased to repor-t that the Committee worked in
harmony.
You will note that the report to City Council be@ins with our conclusions and the
recommendations we are m@n@. This is beina
done to afford you the opportunity to -et to the
bottom line quicljy and quite franl-Jy to save vou some valuable time. The remain(]-r of the
document outlin--s the histor), and work of the dommittee which @uided the conclusions we were
able to reach.
The members of the Committee have reviewed this document and @iven approval to the cont2nt
contained therein. We have a@reed that it is your decision as to the final disposition of the
document and as such no formal statements wi@ be made by Committee members until the
presenta6on to CouncU takes place. Two members of the Comrmttee were not in a@reement with
the recommendation to City Council and that is reflectcd in this report. I do not anticipate a
minority repor-t nor do I expect any statl-m--nt from those who felt that we did not .@o far enou.-h
in our recommendations.
I would request that the Fellowship Committe-- be permitted to present our repor-t to the V@@a
Beach City Council. I also request that the Fellowship Committee be discharaed from its service.
Thankin.a you personally and on behalf of the entire Committee for the opportunity to be of
service to you I remain,
Respectfully yours,
Rev. William J. Dale
Chairman
CONCLUSIONS OF THE FELLO"'SHIP CONMTTEE
On April 1-8 the FeLlowship Committee convenei for a day-Ion rn@-6n@ duri,@ which 6me the
infor-rna6on reported above was reviewed in a systematic fashion in an attempt to resolve the
quesdon before the comrnittee. The followin, is a reflection of the stat-Iments of members of
the committee iri our common effort to come to coriserisus.
It appears from a review of the work of the committee that the percepdon of human ri@hts abuses
in the city of Vir,@inia Beach is far -reater than the facts appew to support. it follow-s then that
.si@.nificant h@in,@ and -rowth can tak-c place to the extent that the percep6on is chari-@ed. At
issue here is the need for increased sensi6vity which is often6mes accomplishe-d best by
educadon. The issues presented to the Committee in the course of our inves6@ations were not
neces@y human ri.@hts concems, and yet it is fair to expe-ct that this would be the e--perience
of any type of commission.
Si@nificant conc--m was expressed over the paucity of material @athered as a result not onlv of
the public h@n@s but also the requests made to van@ous a-encies. Many members o@the
committee related that they had be--n approache-d privately and in confidencl- on a riumber of
occasions but a reluctance to -o public was often the case. As was indicated durin@ a numb?,r
of the private intervi-,ws, there appears to be a @reat reluctanc-- to file formal compiaints or to
tak-c the bme to work throu@h the complaint proc-@ss. Nevertheless the committee %k,as of a mind
set that sufficient informadori had be--ri pulled to-eth--r to reach a conclusion with due discj--@bon.
The ques@on th--n arose conc--min@ the shape and function of a human narits commission ii it
,x,as the d@@sion of th-- committez tO move in that directiorl. The basic issue con----,-ned the
authority such a commissiori would have if recommend@ to City Council. In this dialo,@ue the
views of the committ@ ran@ed from the position that a Human Ri.-hts Commi@iori Aas n@
ne-c--s@ at this time to thc vi-,w that a Commission with subpoena I>owers and investi',@ati@ve
authority be called into bein@. The broad majority of memb-rs took posibons --Ios--r toward Lhe
middle. T@)ere was broad a-,Te--ment that any. Commission should include an educadonal
componerit which would s-Irve to assist in informin.@ the community of basic ri-hts and the
opportunity for re&es@, of -rievances. This func6on could be easily complemented by servin@
as a r--fe,-ral a.@ency which would direct comp@nts to the appropriate local, state, or federal
a-.encies char,@ed with the enforcem-nt of laws protectin@ individual ri-hts. More impor=dy
a bodv of this type would ma-k-e available a reco,@nized agency which would listen to the conc--ms
of citiz--ns. In the experi-nce of many members of the committee this would be a si.@nificant
positive element in the quest to chan-,e a perception that individual ri,@hts are not cared for at this
time. It was also clearly articulated that a commission should also ser-ve in an advisory role to
the City Council. It would be incumbent on such a commission to mak-e Council aware of trends
or concems which would have an impact on the City as well as to serve as a forum which mi.@ht
assess the impact of plannina from the standpoirit of the human impact it mi.-ht have on the
community.
4
Respondin.- to the specific quesdon of the need for a Human Rights Commi5sio
of the Committee was requested to respond. Two members were not convi,cedn, -ch member
a Commission and bas of the need for
ed this conclusior, on the percepbon that not enough peo ]e had respondd
to the inquiries. 'ne rest of the Comm' p
was in agreement that a recommendation for the
establishment of a Human Ri@@hts Commission should be made to the Vir@-inia &ach City
Council.
5
Formal Recon=endation
7le Fellowship Committee of the Vir,@inia Beach City Council recc)mmend,
to the Vir@inia Beach City Council that there be established in Vir,@inia
Beach, ViT-,inia a Human Pi@hts Commission.
The Committee further recommends that a Human Ri.@hts Commission be composed of
eleven (I 1) members chosen by City Council for a terrn of three years. It would be
expected that these terms would bc sta@@ered for the sake of continuity and that no
member be allowed to serve more than two consecueve terrns.
T'he Committee recommends that the duties Of a Human Ri-hts Commission be
educational, ref=al and advisory to the City Council. It is '
envisioned that when
requested the Commission mi.@ht serve in an advocacy role when refe@n-. a complaint
to Lhe appropriate a@ency.
The Committe-- recommends that the city's EEOC officer be assi@ned as clerk to the
Hu.man Ri.@hts Commission to .@uide the Commission in its work. 'The only other staff
assistance would be sect-c@al assistance to record the minutes of Commission meetin@s.
The Committee was unclear about the necessity of havin- someone from the City
Attorney's Offic-- assi@ned to work with the Commission. The assistance of the City
Attomey's Office has b-@n invaluable to the work of the Committ@ We would defer
to City Council and Mr. Lilley on this question.
The Committee did not feel competent to establish a bud-et for a Human @@hts
Commission, but was in a-.reement that costs should be minimal. It is expected that
Commissioners would not be remunerated for th-lir work. If it is possible to secure the
assistance of the EEOC officer, this should not increase costs to the city. Par-t time
secretarial assistance would be a necessary but minor fis@ matter. A bud.@et for posta.@e
and paper costs sbould be @nimal. Finally, a desi.@nated space for Commission meetin@s
should be provided to,@ether with the cost for m@n@ such a space available.
Included with this recommendation is su.@@ested enactin@ l@islation for a Human Ri@hts
Commission.
6
PROPOSED ORDINANCE
AN ORDINANCE TO AMEND AND REORDAIN
CHA@ 2 OF THE CODE OF THE CITY OF
VIIRG@ BEACH, VIIRGElffA BY ADDING A
NEW ARNCLE XXIV PERTANNG TO
RIGHTS COMMISSION
BE IT ORDAINED by the Council of the City of Virginia Beach:
T'hat Chapter 2 of the Code of the City of Vir,@inia Beach, Vir,@inia, is hereby amended
and reordained by addin- a new article XXIV to read as follows:
ART] AN
Seclion 2-XXX. pu ,S,
(a): Advisory.
(b): Educational.
(i) To conduct public forums.
(ii)To conduct studies and prepare reports.
(c): Referral.
Sec,ion 2-XXX. Co. ,@tirl.
(a) Eleven members
(b) Sta.-@ered three-year terms of office.
(c) Appointed by Council of City of Viz-,inia Beach.
(d) Budget considerafion.
(1) Executive Director; (Request EEOC officer)
(2) Members serve volun@y with no remuneradon.
(3) Supporl sta-ff
Part time secretary to record minutes of me--tings.
Section 2-XXX. Powers, duties and functions.
(a) Advisory:
(1) Meet and develop recommendations for submission to
City Council.
(b) Educational:
(1) Gather and disseminate informafion regarding human
7
rj@ ts.
@h
(2) Make studies and issue reports.
(3) Conduct public FO-MS for discussion of discrimination.
(c) Referral:
(a) Assist complainants by -fer6n, compwnts
aPPropriate a@ency. to the
Adopted by the Council of the CitY Of Virginia Beach this day of
1991.
CHARGE OF THE COMMTTEE
On November 6, 1990, at the request Of Mayor Meyera Obemdorf and Councilman Harold
Heischober, the Vir,@inia Beach City Councfl adopted a resoludon, "TO ENLIST THE HELP OF
THE FELLOWSHIP COMMITTEE IN EXA@NG THE HUMAN RELA'NONS NEEDS OF
THE COMMUNITY.,
The Fellowship Committee, an existin.- .@-up of concemed ciezens, had be--n in existence and
meetin.@ re.oularly for several months in resPOnse to human relations concems in the city. Tbis
request was r@ived with appreciation and with the further understandin., that the membership
of the Committee would be supplemented by membership nominated by members of City
Council. Tle members of the Fellowship Committee were:
Rabbi David Abrams Conrado Calpito
Rev. E. Ray Cox Sr. Rev- William J. Dale, ChairTnan
Joshua F. Edwards Ph.D Marion HarTis
Beth Kearney Bobbi @Favor
John R. Lan-lois Jr. Flo McDaniel
An@el Morales Rev. E. Tlomas Murphy
W. Frank Patterson Jr. Judith Rosenblatt
Rev. Jerome C. Ross Miriam Se--herman
Helen P. Shropshire Dr. Ulysses Van Spiva
R--v. Yd Thorou@h@ood Lloyd L--e Wilson
The first formal meetin- of the Fellowship Committ@ convened on December 20, 1990 at
Vir,@inia Beach Uriited Methodist Church at 7:30 pm. Present at this me--Lin- were the
Committee, Leslie L. Lilley, City Atto-ey, and.Elizabeth Fox, City Attomey's O'ffice.
Rev. Ross presented a brief overview of the historical path that has served as Lhe basis for the
formation of the Committee. This history be@an with the events surroundin,@ Labor Day 1989
and the questions which a-rose in the community about the n@ for positive plannin- for the
future. Business people be,@an to meet and this led to Lhe forma6on of the I-abor Day
Community Coordinating Committee. During the course of p@nin-. for Laborfest 90, meetings
were ini6ated which be,@an to focus on the need for lon,@er term soludons to perceived human
relations needs in the city of Vir.-inia Beach. A Fellowship Committee was formed with the
concem of gatherin,@ information and attempting to present viable options for Lhe community.
This committee met with Mayor Obemdorf in September 1990 and shared its concems and plans
for the future. The sta@e for the Fellowship Committee was set with the emergence before City
Council of the quesdon of the establishment of a Human Ri.-hts Commission. Ilis committee
was to be called upon to look at the human rights issue and its ramifications for the City. 'ne
Comrriittee became a committee of City Council which designated its membership and terms of
office.
9
"' the collrse of the ensuin@ discussion it was a,,red that the membership would look at the
issues before us with ope,@minds an
further a@reed that to the cxtent possib@ "O@ bring Preconceive
t te, decisions would be r d solubons tO Lbe@table.. it was
C) ensure the parti,ipation and support of the to ached by consensus in an attempt,
ta, membership of the Committee.
Rev, E. Thoma, Murphy introduced the need for. foma] or,@i
- Dale was placed befo- Lhe committee as chair. In the absence of other
name of Rev. William J zation of the Cornmittee. The
nominadons Fr. Dale was elected Ichair.
Fr. Dale prOPosed the formadon of a Steerin@@ Committee to -uide the work, of the Com tt
At the dire-ction of th Committ mi ec.
e ee, Rabbi David Abrams, ari @s, Rev. Thomas Murphy,
Rev. Jerome Ross, and Helen Shropshire were named toM on H
this committee.
Mr. Les Lilley, the City Attomey, gt-@ted th
as well as the direct assis e COmmittee and offered the --ices of his of I
Lance of Mrs. Elizabeth Fox, an f-ce
attomey in the City Attomey's Office.
Mr. Lilley shared an overview of the extensive w rk which his offic had already completed.
T'his Overview contain C) - e
ed the spe-lific infbrmation that there does not aPPear to exist an inventory
of scrvices to which one mi-,ht tum whcn s - n, relief f
e ki . rom a human ri,hts issue or concern.
T'here arose within the Committe-e a quest]'On concerning the definidon man ri.-hts and an
idenUfica6on of the rights with which we were conc-- of hu
niormed the Committe--
that the standard pracdc@- is to follow the g rned- Mr- Lill,y i
uide of exisbn@ Fed-ral Statutes which sdpulate th-se
I -
ri,@hts to be those conc@-med with housin- rac-, a,e, emi)lovment, sex, and handicad status.
Fr- Dale preserite-d to the cornmi-ttee a propos@ plan of action which included the .@oals of the
commltt@, an op--rational plan, a-nd time lines for the committe'.
The .@oals of thc Fellowship Committee would be:
1: To ass--Ss the present human rela6oris situation in the City of Vir,@iriia @ch and
indicate areas where there exists a perc--p6on that ri.@hts -e bein.@ violated.
2: To iden6fy the existin@ str-uctures of @ovemment and private life which exist to assist
those whose ri@hts are v@iolated or are@char,@ed by law with the protection of human
ri-hts.
3: To identify and nuance the different pc)ssible ways iri which a Human Ri-bts
Commission mi,@ht function in the City of Vir.-inia'Beach.
4: To invite and welcome from as wide a perspective as is possible, citizen participation
in the efforts to assess, identify, and direct the work of the Comrnittee.
5: To inform the Vir,@inia Beach City Council of the I)rogress of the Committee and to
make a final report to the city council by June 30, 1-991.
10
To achieve these @oals it was P-posed that the fOllOwin@- schema be fOllOwed which served to
divide the efforts 'of the Committee into three disbnct phases. Each phase would build upon the
P-vious orie and would serve to meet the @oals of the Cornmittee.
PHASE I
Tle first phase of the Committee would concem itself wilh the task of information -atherin@
This effort would ser-ve as the founda6on for e f
decisions reached th urther work' of the Committe4c and @'round th-e'
. To accomplish this end the COmmittee would be divided into 0 ' ps with
-ch p b ng a sp-ific char, .7ou
tw
u @e to @ather specifc informa6on. Ile work of this phase was
divided into three p-S reflecdn@ those areas of f,,,, deemed critical for a thorou@h
invesd,-adon of the quesdon at hand'.
PART ONE would look at the present situation in Virginia Beach. This would be
accomPlished by specific invitations and private interviews of ci'tl'zens as well as public
h@n@s which would ser've to develop a case record identifying not only problem which
exist b S
ut also to hi@@hli.@ht Lhose areas where @@ relabo,s -e the r-ule. In this effort the
COmmitte-I would be dili@ent in distin@
uishin- between fact and presumption and make
every effort to ensure that claims made were @subs=tiated.
PART TWO would attempt to identify those sttuctures which exist to provide human
ri,hts protection to cidzens. This effort would include not only a I stin, of Lhos
a.-enci--s, public and private, which ar-- ch-@ed with tlie protection of thoise whose ri-htse
a-re violated or who wish to make slich a clai!m, but also include a c@ldque of Lhe rela'dve
effecdveness of said s@ctures or a.@enci'--s and the degr to which ey have b -n us
at any time by cidze . ec th e- ed
ns of Vir-inia B--ach. The COMM'tte,- would tak-e care to ensure @,at
the ii,@hts to pri@,acy of citi'zens are protected.
PART THREE would concem itself wil.h Human Rights COmmission op6ons. 7bis
would be accomplish@ by reviewing the vaxious style of Huma, Rights Commissions
now operadve in the Commonwealth Of Vir,@inia and include a cribque'of the positive and
ne,,ative factors a-ssociate-d with each structure. Contacts would also be made with the
Community Relabons Service of Lhe U.S. Departmerit of justice requestin@ their
assistance and @uidance.
It was expected that Phase I would conclude by March 1, 1991.
PHASE H
'ne secorid phase of the schema would concem itself with a collation of the infortnation
gathered. In this phase the Committee would work as a com@ttee of the whole in brin.@ing
together the work of the sub-com@ttees with an eye toward m@n@ inifial conclusions about the
nature of the problems which @@ht exist and the possible avenues-to be pursued in response to
them. It would be andcipated that the conclusion of Phase 11 would be two or three distinct
11
OPtions which mi@@ht ser-ve as viable vehi les t r
and c-e in the City, c 0 espo,d t' the nep-d for Human Pi.@hts potction
Phase 11 should conclude by May 1, 1991.
PHASE M
Phase Ill would conce- itself with recommendadons in a written forin.
This report will first be aiven to the mflerlmalbcecr)sncolfusions and
the Committee for final a.pproval or corrections
as deemed necessary. The f-inal report will be @iveri to the Vir,@iriia Beach City Council by June
30, 1991.
Tlis operational plan was accepted by the Fellowship Committee and two sub-com@ttees were
fOrmed tO carry out the first phase of the plan.
Sub-commi'ttee A, char-,ed with a@ssin.@ the present situadon in Vir,,inia Beach be,@an to
develop a process for @atherin,@ the necessary information. It was a-reed that four basic
questions would form the basis for the public hearin@s and pzjvate inte
were: rviews. These quesbons
1: Do you perc--ive or have you perceived any viola6ons of hum @hts in the areas of
an ri,
housin,@, race, a-2e., emplovment, sex, handica ped and mentally-ill, reli@'
please --xplain. p ion, etc.? If ves
Are you aware of any existin@ svstems/services in the community desi.@ned to handle
the violations vou @,ave indicated? If yes, please explain
3: Have you used atiy of these systems/services?
4., How effecdve,did you find these systems/smic.,s in handlin@ the viola6ons you have
indicated? Please exp@n.
It was d-Itermined that thr--- public hearings would be scheduled in an attem,pt to invite citizen
participatiori. These public bean'n@s would require six com@ttee members, three to serve on
a panel and three to take notes. The procedure to be employed would include a si,@n-up, a
welcome statement and information about the work of the -
cOmmittee and then an invitalion to
people to speak. Each speaker was requested to brin.- a wiitten statement and li@t the oral
p-sentation to five minutes. Tle schedule for public heaiin@s was:
Saturday, Feb@ 23 ' 1991, 1:00-3:00 PM, Central Public Library.
Thursday, March 7, 1991 7:00-9:00 pm. Seatack Elementar-y School.
Monday, March 11, 7:00-9:00 pm, dr-t Neck Recreation Center.
12
Respondin.@ to the need to develop a process for private interviews, it was deterinined that two
members of the commit@ would participate in each interview. The procedure included maldng
available a telephone number which citizens could caU to schedule an inter-view. These
interviews would be private and where requested the names of the interviewees would be
Protected; As in the case of the public hearings, participants would be requested to make
-ailable a written statement. A specific location and date were determined for the individ@
interviews.
13
WORK OF THE CO@TTEE
Sub-committee B be@an its work by me--tin-, at the City Attomey's Office for a briefin@, on tha,
work accomplished to date by this office. Tlis briefin,@ was essendally the same as Lhat which
had been @iven to the City Council a few week-s earlier. Followin@ this bfiefin- it was
determined that the sub-committee would direct their efforts to three areas, local, state, and
fe,de@, in an attempt to @ather documentation concemin- their work in the area of Human
Ri!zhts as well as to establish the number of claims made by citizens of Vii-inia Beach in the past
few years.
On January 24, 1991, Lhe full committe-- m--t to review the work accomplished to date. Durin.@
this session, Elizabeth Fox of the City Attomey's Office made an abbreviated presentation on the
establishment of Human Ri-hts Commissions as reflected in the existin- Commissions in the
Commonwealth at the present time. Mr. Henry Mitchum from the Community Relations
Division of the Department of Justice was present at this session and offered his assistance as
well as that of his department. This meetin.@ concemed itself primarily with comin- to a@reement
and support of the work of the sub-committees and initiatin@, the publicity needed if these efforts
were to be successful.
The next mezdn- of the Fellowship Committee was on Febr-uar-y 14, 1991. At this time it was
reported that a letter from the Committee invitin@ participation at the public h@n@s was sent
out to 1009 citizens. These citizens included presidents or representatives of the followin-.
,@rouDs: @ene,@ or@anizations. civic lenues, PTA'S, civic lea@ue newspap-Ir editors, Vir-inia
B--ach business--s list--d in the industrial dir----torv, minority owned businesses, city d--partment
he,ads and administrators, school principals, Sch ool ]3oard, State @islators and the Chamber
of Commerce.
The City Attomey's Offic-. informed the Committee that the procedur-. for conductin@ private
inter-views required revision. The freedom of in'formadon act would preclude the interviews
taEn.@ plac-- in private if th--v were condu-Ited in one place at one time. It was decided that the
interviews would occur in multiple locaeons at times acceptable to those concemed.
Marion H@s reported that the wor-k, of sub-committee B would include a lisfin@ of the City and
State structures which exist to protect human ri-hts as well as an evaluation of the effectiveness
of these efforts on a Federal, State, and City level. It was de--ided that letters would be sent to
Fed-.ral and State a.@encies and an interview process would be used on the local level.
It was also decided that the full Committe-- would meet on April 29 from 9:00 am - 4:00 pm in
order to pull to-ether the infor-maeon @athered and come to some conclusion. It was felt that a
fuH day's meeting would preclude numerous shorter meetin@s.
Durin.a the course of the next several we--ks a ser-ies of public hearin.@s and private interviews
took place throu@hout the City of Virginia Beach. Tle results of the public hmfin-s feu
si@.nificantly short of the expectadons of the committee but served as a valuable lesson. The first
14
h@n@ scheduled for Sat. Feb. 23 brou@ht out no one aside from the Committee and interested
listeners. This was cause for concern by committ@ members despite the realization that the war
in the Gulf was the primary concem of everyone. 'ne meetin@,s at Seatack Elementary School
and Great Neck Civic Center were both attended by citizens who shared their concems and
interests @ith the panels. Most of the concems presented to the panel focused on the issue of
housin- and the difficulfies faced by tenants when dealin@ with landlords.
The results of the private interviews were far more si@nificant in the inforrnation which the
Committee was able to sur-face. It is to be noted that the Committee was required to be pro-
acdve in seeen.@ out people to interview but in each case the response was both courteous and
inforinative,
INTERVIEEWS
HISPANIC COMMUNITY
Members of the Hispanic community note-d that areas of concem for a sianificant pan of this
population were in education, employment and culture. There exists a p--rc--Pfion that r--sistance
to Hispanics occurs with re-ularitv. This is evidenced by insensitivity to new immi@rants and a
@ish as a se-lond lan@,ua@.e (F-SL)-. There
lack of implemeritation of En@ i, concem for
development in the area of communication with translators available for hospitals and other
public venu-.s. nere appears to be little or no adve@sin@ for Spanish s@,ers in the work
forcc. It w;,s su@,-.-stcd that Lreater focus be aiv--n to int--r-cultu@ education and @reater
emphasis be -iven to the si.@nificant mulfi-cultural aspect of life in Vir@.inia B--ach. It was
reported that 70,000 Hispanics reside in Tidewater, that 19 out of 20 Hispanic countries are in
the Americas, and that by the y@ 2,000 this will be the lar@est minoritv ir, the United Stat-.s.
It is to be noted here that the issue at the present time is not so much a qu--stion of riEhEs bein@
violated but rather the need to hei.@hten increased sensitivity to th--se issues.
SENIOR CITIZENS
Those represendn@ senior citizens spoke to three p@cular areas of need, job discrimination,
entry into nursin@ hom--s, and housin, n@s. There exists a perception in this sector that no
a-.ency is available to deal with job discrimination. It was noted that the Mavor's Committee on
the A@in- (MCOA) has -enerated an impressive list of accom lishments. This committee has
p
as its focus community relations and media, consumer affairs, housin@, human resources,
legislature, le.@, and City Council. The su@,.@estion was made that education of the business
commurlity might serve this need. R@.ardin- nursin@ homes, it was stated that not enou.@h exist
pr@ntly. Similarly the n@ for housing was seen to be hampered by the lack of any housing
authority in the City. It was reco-.nized that significant resources are available for the needs of
the elderly. Tlese include the State Ombudsman Pro@ram which serves to protect older citizens
from abusive treatment, the Department of Mental H@th, and the Department of Sc>cial
Services. One of the most valuable resources cited was the C @ P telephone directory, which
lists the numbers for available services in the front of the book.
15
HANDICAPPED
Those repr@ntin-. the handicapped community spoke of concem in three areas, housin@. and
transportadon, and employment. In the area of housin.@ there exists real concem with the system
of vouchers for housin- made available to the handicapped. These vouchers can only be used
in certain areas as are desi@.nated by zip codes. Often times these are hi@h crime areas and low
income areas which are usually the last ones to receive handicapped access assistance. A second
concem is with p(>or transportadon occasioned by limited bus routes. In the area of employment
there exists a clear percl- tion amori@ the handicapped that despite existin- le@islation there still
p
exists a bias which works a@nst their interests and serves to place barriers before their attempts
to seek employment.
VIRGWU BEACH HOUSrqG DEPARTMEENT
7be followin@ responses were supported by private interviews with representatives of a@encies
within the City of Vir@inia Beach. Durin@ 1990 the Housing Department in ViT-.inia Beach
received 183 housin@. compl26nts, some of which involved discrimination complaints. These were
referred to the Vir-.inia Depa-rtment of Commerce for investi@ation a-nd resolution. The local
department attempts to resolve landlord-tenant complaints. There exists the perception that
substantial discrimination still exists within the housin@, industrv. Much of it @oes unreported and
clients are not willin@ to follow Lhrou@h on most of their complaints towards a formal
investi,@afion. Most of the discrimination is social class in nature with particular discriminafion
toward housin@, proje-.ts. This is bome out in the Scatack community's lack of accl-p=ce of
Atlands and Fi-iendship Villa@e. It was noted in this interview that substandal discrimina6on
towards handicapped p--,,sons still exists. Most blatant is the discriminafion a!zainst mentallv
handicappe,d persons. When asked why people do not file comp@nts, tbe response was that most
were not aware of the law or the process and oftentimes were lackin- in trust for the system.
The solution to this dil-mma in the view of the.inter-viewee is to be found in educabon at aii
levels of community life.
VIRG@ STATE DEPARTMEINT OF CO CE
An interview with the Deputy Cl-jef of the Vir.-inia State Department of Commerce reveals that
this a-.ency receives complaints ftom the Vir-.inia Real Estate Commission, the U.S. Department
of Housin-. and Urban Development, and l@ aovemments. He stated that in 1989 five
complaints were received from Re@ion 3 and twenty-five complaints in 1990. Fully 75 % of the
complaints received are for racial discrimination. Few complaints come from multi-family
housin.@ situafions, but most come a-.ainst owners of a few units of single family housing.
Re.@ion 3 has 3 investi.@ators who have subpoena power and can administer oaths. When their
investi,@adon is completed, it is filed in the Richmond Office where the staff attempts to mediate
a solution where probable cause is found. The solutions are confidential but significant. In the
absence of a solution the case is referre-d to the Attomey General's Office or F= for
prosecufion. The sug@es6on of this interviewee was that the best way to avoid discrimination
is throu@h education of the community. It was further su--ested that a Human Rights
16
Commission mi-ht serve as a sin-le POint to process complaints throu-h an advocacy process on
behalf of the client.
VIRG@ DEPAR T OF CO CE FAIR HOUSING OMCE
The Assistant Fair Housin@ Administrator forwarded the statistics available at the time. It is to
be note-d that these statistics have not been updated since 1988 due to staffin- limitations and
bud-et cons@nts. A simple look at the raw data made available to the Committee indicates that
rtee i ee ed from Tidewater
f,Om July 1990 until Febr-uary 1991 thi n compla nts have b n re=iv
althou@h no record of their disposition exists to date. Vne Committee found it noteworthy that
ts comin- from the Richmond area was si,@nificantly hi-her than those
the number of complain
comin- from Tidewater or Northern Vir,@inia, areas with si@nificantly hi-her populations. The
Committee speculated that this in part is attributable to the fact that the main office is in
Richmond.
NAACP
The Committee received by letter the results of a meetin- of committee members and the l@
leadership of the NAACP as well as the Executive Se-_retary for the Vir@inia State Conference
of the NAACP. Included in this report were the followin@ var-iable factors or tendencies in
assessin- complairits of human ri@hts violations.
1: The @reater the availability of a@encies handlin@, human ri@hts complaints, the reater
the number of comp@nts.
2: 'ne more potentially threat-@nin@. the percepfion of the survey, the more defensive the
r--sponses.
3: ne more removed the level of the a.@ency handlin- human ri@hts violations or the
complaint process, the lower the number of complaints rec--ived.
4: 'ne level of education is -enc@ly propd@onate to the number of cases or complaints.
5: The socio-economic status of persons violated is @enemby proporfionate to the number
of cas--s of complaints.
6: The perception of an a-ency's effecfiveness or efficiency in handlina. human ri-,hts
comp@nts determines the number of complaints received.
Tle final recommendafion of the NAACP includes the strona desire that a proposed human rights
commission include "investi@afive and subpoena powers" as well as the collection of information
pertaining to complaints or concems for the purpose of record keeping and/or being a resource
center for such inforrnation.
COMMUNITY SERVICES BOARD
In re.sponse to a request for information the Executive Director of the Community Services Board
made available a si.@fir-ant amount of data pertinent to our discussion. We were advised that
persons with mental disabilities or who are subs=ce dependent and whose families u@ the
1 7
pro@rams offered throu-h the Community Services Board are protected by state r@ulations
r@.ardin@ human ri@hts. Further, afl pro-.rams and services licensed by the State Department
of Mental Health, Mental Retardation, and Substance Abuse must assure that the human ri-.hts
of consumers of these pro@rams are protected.
It was further stated that in conjunction with the establishment of a local human ri@hts compliance
plan, each Community S@ic--s Board or licensed a@.ency must create a @ Human Ri.@hts
Committee to oversee the implementation of Lhe re@ulations. Should the Local Human Ri-hts
Committe,e be unable to resolve the -,rievanc--, the consumer can appeal the outcome to the State
Human Ri@hts Committ@, appointed by the State Mental Health, Mental R--tardation, and
Substance Abuse Board. Each of the state-operated institutions and @nin- centers for the
mentally disable-d has a Human Rights Committee as well. The Chairman of the Local Human
Ri-hts Committ@ is a Vii-inia Beach attomey, Henry Howell, IH. After three years of
operation under Lhe cur-rent re-ulations, this office has not received a sin@le for-mal r-omplaint
under the provisions of the Human Pi-.hts Plan. The Director states that to his knowled@.e, no
.@evance has come before Lhe Local Human Ri-hts Committee from any of the ei@ht CSBS.
Issues that have arisen have be--n able to be succ--ssfully addressed by the Exe,-utive Director
prior to a formal @rievance hearin,@.
It is the impression of the Executive Director of the Community Ser-vices Board that the needs
of men@y disabled persons are adequately served throu-h existin- Human Ri@hts re@ulations.
In addifion, mentailv disabled persons have ac-l-Iss to prote,-tive ser-vic--s offered throus!h the
Depar-tment of Social S-In,ic--s and le-.al/advocacv assistance throu.@h the Office of the P-i.-hts of
the Disabled. It would not s@m necessary, for the committe-- to focus its limited resourc-'s on
the needs of the mentally disabled populadons.
NTEWSPAPER FILES
In an effort to @n a broad overview of the percepfion of human ri@hts problems in the city, the
Committee went to the local newspapers and pulled from the files articles and stories which
spanne,d the last two years. These articles were si@nificant not only in pointin- out specific
incidents but perhaps more importantly in supportin.@ the impression of the Committee that there
exists amon-. many citizens a perception that somethin-. is amiss in the area of human ri@.hts.
18
FEDERAL AGENCIEES
A review of the Federal a-encies shows that the United States Commission on Civil Ri-hts serves
as a sourr-e of information and as a clearin.@ house for complaints of discrimination. "Gettin.a
Uncle Sain to Enforce Your Civil Ri-,hts" is a publication of the Commission which lists the
Idnds of discrimination and the a-ency responsible for enforcement as well as the plar-c where
complaints may be f-iled. In addition, the Commission will properly forward complaints to Lhe
appropriate a.@ency if addressed to:
Complaint Refe@
U.S. Commission on Civil Ri.@hts
Washin@ton, D.C. 204'@15
The above mentioned publication was published in 1979 and is presently being updated but has
not yet been published.
Correspondence was addressed to the following Federal a-encies requesting data as to comp@nts
of discrimination received from residents of Vir@.inia Beach:
HOUSING
Virginia is in Re.@ion 3 of the Department of Housin@. and Urban Development. Complaints are
to be filed within 180 days with:
Assistant Secretary for Fair Housin@ and Equal Opportunity
Department of Housin@ and Ub. Development
625 Walnut Street
Philadelphia, Pa. 19106
No response was received to a request for information.
@LO
Complaints are filed with the local office of the'Equal Employment Opportunity Commission
(EEOC) when the complaint is a@nst a private employer, labor union or employment a@ency,
usually within 180 days. Federal employees must file a complaint with the a@ency where
employed usually wi@ 30 days. Information was requested from:
Office of Intera-ency Cc>ordination
Equal Employment Opportunity Commission
Washington, D.C. 20506
No response was received.
19
PUBLIC ACCOMMODATION
Discrimination encountered in places for use by the general public (hotels, courthouse,
transportdtion, etc.) is enforced by the local Office of the United States Attomey. Inforrnation
was requested from:
United States Attomey
Room 401, 600 Granby St.
Norfolk, Va. 23510
This office responded that they do not maintain files on these complaints and provided addresses
for three Department of Justice Offices in Washin@ton, D.C.
CREDIT
Discrimination by banks, stores, and other creditors are enforced by a variety of state and l@
a.@encies. Nationafly chartered banks and members of the Federal Reserve System are under the
junsdiction of-
The Office of the Comptroller of the Currency
F & M Center Suite 21-5
Richmond, Va. '-13277
and
Division of Consumer Affairs
Federal Reserve Bank
Washington, D.C.
EDUCAT'ION
Complaints of discriminafion a@ainst public schools, colieges, and universities are fiied with:
U.
.S. Department of Education
3535 Market St. Room 6300
Philadelphia, Pa. 19104
This office reported that they do not maintain complaint files by complainant's residences but
rather on the addresses of those a@ainst whom the complaint is filed. Between 1988 and 1990
this ofifice received one complaint a-ainst the Virginia Beach School Division. Tbe complainant
alle-ed that the Division was not providing a handicapped student with a free appropriate public
,ducation in the areas of evaluation and placement. This was investigated under Section 504 of
the Rehabilitation Act of 1973 and no violation was found.
HANDICA,P OR ARCBITECTURAL B
Discriminadon complaints involving architectural bariiers in buildin-s are filed with:
Access America
Washington, D.C. 20201
No response was received.
20
Complaints involving adequate and reasonable access across curbs on streets and hi.@hways are
addressed to:
Office of Highway, Sai6ty
Federal Highway Administradon
U.S. Department of Transportation
Washington, D.C. 20590
This a.@ency responded that they were not involved with discrimination complaints and could
provide no inforrnation.
In summary written requests were mailed to eight Federal a-encies identified as responsible for
the enforcement of Civil Ri.-hts laws. @ere were three responses. Two a.-encies were
apparently not aware of their responsibilities.
21
- 25 -
Item III-J.
CONSENT AGENDA ITEM # 34716
Upon motion by Vice Mayor Fentress, seconded bv Councilman Sessoms, CitY
Council APPROVED in ONE MOTION Items 1, 3, 4 a/b, 5 a/b/c/d/e/f/g/h/i/j/k/l, 6,
7 and 8 of the CONSENT AGENDA:
Ite. III-J.2 was DEFERRED
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
Item III-J-1-
CONSENT AGENDA ITEM # 34717
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 31-61(a) of
the Code of the City of Virginia Beach, Virginia,
re charge for depositing solid waste at City refuse
disposal areas.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 31-61 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 USE CHARGES FOR CITY REFUSE
6 DISPOSAL AREAS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 31-61 of the Code of the City of Virginia Beach,
10 virginia, is hereby amended and reordained to read as follows:
11 Section 31-61. Use charges.
12 (a) There shall be a fee of twenty-nine a.01-1-arg and fift,@x
13 GeRtS ($29 54 thirty-five dollars and twenty-five cents ($35.25)
14 per ton, or a fo;-,.r-tnnn dnl.l-;ir- ;incl geventy-five Gent ($14.!75@
15 seventeen dollar and fifty cent ($17.50) minimum charge for less
16 than one ton, or any part thereof, for all sanitary solid waste,
17 refuse, debris or garbage generated solely within the city and
18 deposited at the city refuse disposal areas; provided however,
19 that residents of the city depositing sanitary solid waste,
20 refuse, debris or garbage generated solely from their households
21 may deposit same free of charge.
22 (b) There shall be a fee of seventy-five cents ($0.75) per
23 tire for cutting and disposing of tires at the city refuse
24 disposal areas.
25 This ordinance shall be effective from the date of its
26 adoption.
27 Adopted by the Council of the City of virginia Beach,
28 virginia on the 6 day of August 1991.
29 CA-4308
30 \ordin\proposed\31-061.pro
31 R-1
APPRQVED AS TO CONTENT
WIAI-TEi'3@@
OF BLIDI-ZET AND EVAL.(j,@'T@'- @@1/21
- 27 -
Item III-J.2.
CONSENT AGENDA ITEM # 34718
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council DUMED for further review by City Staff:
Ordinance to authorize the acquisition of real
property and easements, either by agreement or by
condemnation, for Pump Station modifications' sewer
project (Bonney Road) (CIP 6-016).
Councilwoman McClanan advised this item was not in the Capital Improvement
Program and inquired as to the amount of funds involved in the acquisition.
Councilwoman McClanan advised the City owns property in this area. The City
Staff will advise relative the priority and amount of funds entailed in the
acquisition.
Councilman Baum inquired as to why the Wetlands prohibit expansion on the
present site and the cost to the taxpayers.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item III-J.3.
CONSENT AGENDA ITEM # 34719
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE a $9,005 Grant
awarded by the State Department of Historic
Resources re citywide historical and architectural
surveys.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 ORDINANCE
2 WHEREAS, a partial inventory of historic structures, listing 361
3 str@ctures of historic importance, was completed by CitY Staff this inventory
4 does not meet State and Federal standards for historic and architectural surveys;
5 WHEREAS, the State Department of Historic Resources has awarded the
6 City a $9,005 grant to allow the inventory to be brought up to State and Federal
7 standards;
8 WHEREAS, this grant requires the City to match the state funds dollar
9 for dollar and the City proposes to accomplish this by providing a cash match
10 of $7,539 and an "in-kind" services match of $1,466;
11 WHEREAS, as a part of this grant the city will hire a part-time grant
12 position (Architectural Historian) to conduct the architectural survey.
13 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA that estimated Revenues from the Commonwealth be
15 increased by $9,005 to reflect the appropriation of the Historic Resources grant
16 and that $7,539 be transferred from the FY 1991-1992 Operating Budget's Reserve
17 for Contingencies to the Planning Department for the purposes of providing the
18 required match.
19 This ordinance shall be effective from the day of its adoption.
20 Adopted on this day August 6 1991.
FIRST READING: July 9, 1991
SECOND READING: August 6, 1991
- 29 -
Item II-J.4 /b.
CONSENT AGENDA ITEM # 34720
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, CitY
Council APPROVED, upon FIRST READING:
Ordinance to ACCF.PT and APPROPRIATE $839,370, and
TRANSFER $153,199 from FY 1991-1992 Reserve for
Contingencies tO fund fifty (50) additional
Correctional Officers associated with the
completion of the new addition to the Correction
Center.
AND, ADOPTED:
Ordinance to TRANSFER $177,425 from reserve for
Contingencies to the Sheriff's Operating Budget to
fund nine (9) additional positions to manage the
Municipal Center Centralized Booking area.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE $839,370 AND TO
2 TRANSFER $153,199 FROM FY 91-92 RESERVE FOR
3 CONTINGENCIES TO FUND FIFTY ADDITIONAL CORRECTIONAL
4 OFFICERS ASSOCIATED WITH THE COMPLETION OF THE
5 NEW ADDITION TO THE CORRECTIOM CENTER
6 WHEREAS, the new addition to the Correction Center is scheduled for
7 completion in the fall of 1991;
8 WHEREAS, the Compensation Board has approved fifty positions to staff the
9 new addition to the Correction Center;
10 WHEREAS, the total operating costs of the fifty positions, effective
11 September 1, 1991, is estimated at $992,569 and will be funded by $839,370 in
12 reimbursements from the state and $153,199 from the city;
13 WHEREAS, adequate funding was programmed and approved in the FY 91-92
14 Operating Budget Reserve for Contingencies for the city's share of the costs.
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA, that funds in the amount of $992,569 are hereby appropriated
17 to the Sheriff's Office FY 1991-92 Operating Budget with $839,370 to be funded
18 by the state and $153,199 to be transferred from the FY 91-92 Reserve for
19 Contingencies to finance salaries and operating costs for fifty additional
20 Correctional Officer positions.
21 BE IT FURTHER ORDAINED that estimated revenue from the Commonwealth be
22 increased by $839,370.
23 Adopted by the Council of the City of Virginia Beach, Virginia, this
24 day of 1 1991.
25 This ordinance shall be effective from the date of its adoption.
26 First Reading: August 6, 1991
27 Second Reading:
APPROVED AS TO CONTENT
Vli,'II-TE
OFFICE OF BUDGET AND EVALUATIO'4
1 AN ORDINANCE TO TRANSFER $177,425 FROM RESERVE
2 FOR CONTINGENCIES TO THE SHERIFF'S OPERATING BUDGET
3 TO FUND NINE ADDITIONAL POSITIONS TO WYAGE THE
4 MUNICIPAL CENTER CENTRALIZED BOOKING AREA
5 WHEREAS, the City has programmed adequate space within the new Correction
6 Center Addition (CIP project 3-977), scheduled to open in the fall of 1991, to
7 accommodate the municipal center booking function;
8 WHEREAS, the City and Sheriff have concluded that centralizing the
9 municipal center booking process would improve the efficiency of current
10 operations and enhance the safety of citizens by returning sworn police officers
11 to their duties in a timely manner and minimizing the transportation of suspected
12 criminal offenders;
13 WHEREAS, the Sheriff has agreed to manage the centralized booking area and
14 the City has agreed to pay the salaries, fringe benefits, and reasonable
15 operating expenses for one (1) Inmate Processing Supervisor and eight (8)
16 Correctional Officers for an estimated total cost of $177,425;
17 WHEREAS, adequate funding was programmed and approved in the FY 91-92
18 Operating Budget Reserve for Contingencies for this purpose.
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA that $177,425 be transferred from FY 91-92 Reserve for
21 Contingencies to the Sheriff's Operating budget to fund nine positions to manage
22 the municipal center centralized booking function.
23 This ordinance shall be effective from the date of its adoption.
24 Adopted by the Council of the City of Virginia Beach, Virginia on the
Sixth August
25 day of 1991.
AppROVED AS@ TO C
WALTER
OFF.@ of-
AGREEMENT
THIS AGREEMENT, made this Ql, 1- day of July, 1991, by and between the City
of Virginia Beach, party of the first part (hereinafter referred to as the City),
and the Sheriff of the City of Virginia Beach, party of the second part
(hereinafter referred to as the Sheriff),
WITNESSETH.,
WHEREAS, the city has programmed adequate space within the new Correction
Genter Addition (project 3-977), scheduled to open in the fall of 1991, to
accommodate the municipal center booking function;
WHEREAS, the City and Sheriff have concluded that centralizing the
municipal center booking process would improve the efficiency of current
operations and enhance the safety of citizens by returning sworn police officers
to their duties in a timely manner and minimizing the transportation of suspected
criminal offenders.
WHEREAS, the Sheriff has agreed to manage the centralized booking area and
the City has agreed to pay the salaries, fringe benefits, and reasonable
operating expenses for one (1) Irunate Processing Supervisor and eight (8)
Correctional Officers.
NOW, THEREFORE, the parties do hereby covenant and agree as follows:
1. The Correctional Officers and Irimate Processing Supervisor will be
compensated according to the state pay plan for similar positions and will not
be considered as City of Virginia Beach employees. The City will reimburse the
Sheriff for the salaries, fringe benefits, and reasonable operating expenses not
provided by the Compensation Board, based on amounts afforded to other
Correctional Officers with similar levels of performance and tenure in the
department.
2. The City's Police Department will be responsible for bringing any
suspected criminal offender to the Magistrate for a hearing. Upon completion
of the hearing and if additional processing is required as determined by tbe
Magistrate, the suspected criminal offender will be turned over to tbe custody
of the Sheriff at the main correctional facility, and the Police Officer will
be released from custodial duties to perform his/her normal police duties. The
Sheriff will be responsible for effectively performing all aspects of the booking
process, including but not limited to fingerprinting; photographing; completing
all booking reports including data entry into TRACER, CCRE, CRIMES, or any other
criminal records consolidation system and returning appropriate records to the
Police Department; returning the suspected criminal offender to the Magistrate
for a bond hearing; and finally, placing the suspect in the appropriate facility.
The above procedure does not apply to juveniles.
3. The City's accounting system will be modified to include the costs
associated with this program. Schedule A details the initial start-up costs.
Starting with the FY 1992-93 budget process, the funding will be determined in
a manner similar to other budget units in the Sheriff's Office.
4. The City's obligation hereunder shall be contingent upon completion
and commencement of operation of the new central booking facility at the
Correction Center.
5. The contract can be terminated by either party upon twelve (12) months
written notice.
cil EACII
CITY OF VIRGINIA BEACH
SHERIFF'S OFFI
Sheri
Attest:
Ci,: Cl.@k
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, @ q a Notary Public in and for the City and State
aforesaid, do hereby certify that AIJBREY V. WATTS, JR. , City Manager for the CITY
OF VIRGINIA BEACH, whose name as such is signed to the foregoing Agreement, has
acknowledged the same before me in the City of Virginia Beach, State of Virginia.
GIVEN under my hand this '3o 7L day of 1 1991.
tar Pu
My Commission Expires: d" .1.1
LQ Iy
City @-f @r@,inia D@h,
tO,@aoft for
APPROVED AS TO
LEGAL SUFFICIENCY
@@ii,'ROVEE) A@ TG 00
BU@-C@E'F AN'D EVALUATiOti
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I,lf4,eA, @/&-- 0 +-" I a Notary Public in aid for the City and State
aforesaid, do hereby certify that Ruth Hodges Smith, City Clerk for the CITY OF
VIRGINIA BEACH, whose name as such is signed to the foregoing Agreement, has
acknowledged the same before me in the City of Virginia Beach, State of Virginia.
GIVEN under my hand this 30 day o f 11991.
t.r Pblic
My Commission Expires: 1.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, I @ iiZl)ll@ I a Notary Public in and for the City and State
aforesaid, do hereby certify that FRANCIS DREW, Sheriff for the CITY OF VIRGINIA
BEACH, whose name as such is signed to the foregoing Agreement, has acknowledged
the same before me in the City of Virginia Beach, State of Virginia.
GIVEN under my hand this 1-9@, day of 1991.
r lubl@@
My Commission Expires:
SCREDULE A
MUNICIPAL CENTER CENTRALIZED BOOKING
STAFFING AND BUDGETARY REQUIREMENTS
INITIAL START-UP COSTS
1 91
08/16/91
1 SUPERVISOR 8 DEPUTIES
26,282 SALARY 106,770
2,011 FICA 8,168
2,736 RETIREMENT 11,115
229 LIFE INSURANCE 929
1,050 HEALTH INSURANCE 7,200
32,308 SUBTOTAL 134,182
500 SUPPLIES 4,000
715 UNIFORMS 5,720
33,523 TOTAL 143,902
GRAND TOTAL
$177,425
- 30 -
Item ILI-J.5 a.
CONSENT AGENDA ITEM # 34721
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST RFADING:
Ordinance to ACCEPT and APPROPRIATE $24,089 from
the State Department of Criminal Justice Services
to the commonwealth's Attorney Victim Witness
Program, including one (1) full-time position for
FY 1991-1992, subject to continuation of these
grant funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $24,089
2 GRANT FROM THE STATE DEPARTMENT OF CRIMINAL
3 JUSTICE SERVICES FOR THE VICTIM WITNESS PROGRAM
4 WHEREAS, the Victim Witness Program of the office of the Commonwealth's
5 Attorney provides victims and witnesses of crime services which include
6 counseling, court information, referrals, travel arrangements, certain expense
7 reimbursements, and communication to the Commonwealth's Attorney;
8 WHEREAS, an application has been made and a $24,389 grant awarded from
9 the State Department of Criminal Justice Services to continue the funding for
10 one (1) Victim Witness Assistant, with associated fringe benefits;
11 WHEREAS, this position is a full-time temporary grant position funded 100%
12 from the grant with no required city match or supplement;
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA, that a grant from the State Department of Criminal Justice
15 Services in the amount of $24,089 be appropriated to the FY1991-92 Operating
16 Budget of the Victim Witness Program in the Office of the Commonwealth's
17 Attorney, with a corresponding increase in estimated revenues from the
18 Commonwealth;
19 BE IT FURTHER ORDAINED that one (1) full-time temporary grant position be
20 established for FY1991-92 as a continuation of the State's annual grant, and be
21 maintained for as long as the grant funds are available.
22 This ordinance shall be in effect from the date of its adoption.
23 Adopted the _ day of 1991, by the Council of the City of
24 Virginia Beach, Virginia.
25 First Reading: August 6, 1991
26 Second Reading:
APPROVED AS TO CONTE@
Walter C. Kr @ er, Jr.
Office of Budget and Evaluation
C',S TO victim92.ord/swj
- 31 -
Item III-J.5 b.
CONSENT AGENDA ITEM # 34722
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $14,700 from
the Commonwealth Department of Social Services for
program support to the Virginia Beach Court
Appointed Special Advocate (CASA) Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $14,700
2 GRANT FROM THE COMMONWEALTH FOR PROGRAM SUPPORT FOR
3 THE VIRGINIA BEACH COURT APPOINTED SPECIAL ADVOCATE PROGRAM
4 VHEREAS, the Virginia Beach Court Appointed Special Advocate (CASA) program
5 was established in September of 1988 and was funded by the private donations from
6 the Wareheim Foundation, Virginia Law Foundation, Gwathmey Foundation, as well
7 as by the Victims of Crime Act (VOCA) through the Commonwealth's Department of
8 Social Services;
9 WHEREAS, the CASA program trains volunteers to conduct independent
10 investigations for the Judiciary in certain child abuse cases, provides objective
11 information to the Judiciary, and provides support services to the abused
12 children and their families;
13 WHEREAS, the judges of the Virginia Beach Juvenile and Domestic Relations
14 District Court support the continuation of this program and staff has pursued
15 various grants to ensure program continuation,
16 WHEREAS, a grant commitment of up to $14,700 has been provided by the
17 Victims of Crime Act (VOCA) through the Commonwealth's Department of Social
18 Services for use in compensating program staff in providing non-fund raising
19 service with the local match required by the VOCA grant to be provided through
20 the use of in-kind contributions provided by the City of Virginia Beach.
21 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
22 BEACH, VIRGINIA, that a grant of up to $14,700 from the Commonwealth be accepted
23 and appropriated for the program support of the Virginia Beach Court Appointed
24 Special Advocate Program;
25 BE IT FURTHER ORDAINED, that estimated revenue from the Commonwealth be
26 increased by $14,700.
27 This ordinance shall be effective from the date of its adoption.
28 Adopted by the Council of the City of Virginia Beach, Virginia on
29 day of , 1991.
30 First Reading August 6, 1991
31 Second Reading
NCY
WALTUR. K
OFFICEOFSUOGt@', At4OC-:V@,UA:T@
- 32 -
Item III-J.5 c.
CONSENT AGENDA ITFM # 34723
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPR and APPROPRIATE $20,000 from
the Virginia Law Foundation for program support of
the Virginia Beach Court Appointed Special Advocate
(CASA) Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $20,000
2 GRANT FROM THE VIRGINIA LAW FOUNDATION FOR PROGRAM SUPPORT FOR
3 THE VIRGINIA BEACH COURT APPOINTED SPECIAL ADVOCATE PROGRAM
4 WHEREAS, the Virginia Beach Court Appointed Sp@ial Advocate (CASA) program
5 was established in September of 1988 and w.s funded by the private donations from
6 the Wareheim Foundation, Virginia Law Foundation, Gwathmey Foundation, as well
7 as by the Victims of Crime Act (VOCA) through the commonwealth's Department of
8 Social Services;
9 WHEREAS, the CASA program trains volunteers to conduct independent
10 investigations for the Judiciary in certain child abuse cases, provides objective
11 information to the Judiciary, and provides support services to the abused
12 children and their families;
13 WHEREAS, the judges of the Virginia Beach Juvenile and Domestic Relations
14 District Court support the continuation of this program and staff has pursued
15 various grants to ensure program continuation,
16 WHEREAS, a grant commitment of $20,000 has been provided by the Virginia
17 Law Foundation for use in program support.
18 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA, that a grant in the amount of $20,000 from the Virginia Law
20 Foundation be accepted and appropriated for the program support of the Virginia
21 Beach Court Appointed Special Advocate program;
22 BE IT FURTHER ORDAINED, that estimated revenue from the Virginia Law
23 Foundation be increased by $20,000.
24 This ordinance shall be effective from the date of its adoption.
25 Adopted by the Council of the City of Virginia Beach, Virginia on
26 day of , 1991.
27 First Reading August 6, 1991
28 Second Readina
APPI'lo@IE!) AS TO 0
A@,; T(D
WALTERO. KR R.
OF BLIDRET AND EVALIJA-K',-'
- 33 -
Item III-J.5 d.
CONSENT AGENDA ITEM # 34724
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $28,250, and
TRANSFER $28,250 as a fifty percent match to the
Virginia Beach Fire Department, for purchase of
automatic defibrillators.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO APPROPRIATE $28,250 AND TO
2 TRANSFER $28,250 FOR PURCHASE OF
3 EMERGENCY MEDICAL EQUIPMENT
4
5
6 WHEREAS, the City of virginia Beach Fire Department has applied for and
7 received a grant in the amount of $28,250 from the commonwealth of Virginia,
8 Division of Emergency Medical Services for purchase of automatic defibrillatorb tO
9 be used in life saving treatment by fire personnel arriving at an emergency
10 situation prior to Emergency Medical personnel,
11
12 WHEREAS, the required fifty percent match for this grant can be provided
13 using available funding within the Virginia Beach allocation of Fire Programs Fund
14 monies for FY 91-92.
15
16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
17 VIRGINIA, that a grant in the amount of $28,250 from the Commonwealth of Virginia
18 be accepted and appropriated to the Fire Department for purchase of automatic
19 defibrillators, and that Revenue from the Commonwealth for FY 91-92 be increased
20 by $28,250.
21
22 BE IT FURTHER ORDAINED that funds in the amount of $28,250 be transferred
23 from the Fire Programs Fund to provide the necessary fifty percent match for the
24 grant.
25
26 This ordinance shall be effective from the date of its adoption.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia on the
29 day of 1991.
30
31 First Reading August 6, 1991
32 Second Reading
v...
33
34
- 34 -
Item III-J.5 e.
CONSENT AGENDA ITEM # 34724
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $130,559 from
Virginia Fire Programs Fund to support training,
training facility improvements and firefighter
equipment acquisition.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE S130,559 TO
2 THE FIRE PROGRAMS FUND
3
4
5
6 WHEREAS, the City of Virginia Beach Fire Department receives funds from the
7 Commonwealth of Virginia Fire Programs Fund to support training, training facility
8 improvements, and fire fighter equipment acquisition,
9
10 WHEREAS, such funds are depOBited to the City of Virginia Beach Fire Programs
11 Fund until BUch time as resources are needed for an approved expenditure,
12
13 WHEREAS, interest on such fundb are also to be directed to purposes approved
14 for Fire Programs Funds,
15
16 WHEREAS, estimated revenue for FY 91-92 totalled $292,261 while actual
17 revenue from the Commonwealth and from interest totalled $422,820,
18
19 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
20 VIRGINIA, that funds in the amount of $130,559 be appropriated to the Fire Programs
21 Fund and that Revenue from the Commonwealth for FY 91-92 be increased by $124,930
22 and that Interest on Bank Deposits be increased by $5,629.
23
24 This ordinance shall be effective from the date of its adoption.
25
26 Adopted by the Council of the City of virginia Beach, Virginia on the
27 day of 1991.
28
29 FirBt Reading August 6, 1991
30 Second Reading
31
@'TO
APPROVED AS To
6
WALTEP,
l"C- OF BU AND EVALUATION
- 35 -
Item III-J.5 f.
CONSENT AGENDA ITEM # 34725
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $133,525 from
the Drug Enforcement Agency's Shared Proceeds
Seized Property Program for additional equipment
and office space for the Special Investigative Unit
of Narcotics Investigation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE $133,525 TO THE
2 FY91-92 POLICE DEPARTMENT BUDGET FROM THE DEA SHARED
3 PROCEEDS SEIZED PROPERTY PROGRAM FOR ADDITIONAL
4 EQUIPMENT AND NARCOTICS INVESTIGATIONS OFFICE SPACE
5 WHEREAS, the Federal Department of Justice Drug Enforcement Agency allows
6 localities to share in proceeds from assets which have been seized as a result
7 of narcotics investigation activities, and use these proceeds for law enforcement
8 enhancements;
9 WHEREAS, the City of Virginia Beach Police Department's narcotics
10 enforcement efforts can be strengthened with additional vehicles for DARE, video
11 equipment, forensics examination equipment; and additional office space,
12 furniture and related expenses in support of Special Investigative Unit's
13 narcotics operations, for a total estimated cost of $133,525;
14 WHEREAS, there are sufficient funds available from the DEA Shared Proceeds
15 Seized Property program to address these needs.
16 NOW, THEREFORE, BE I@ ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA, that $133,525 be appropriated from the DEA Shared Proceeds
18 Seized Property program to the FY91-92 budget of the Police Department for
19 additional vehicles for DARE, video equipment, forensics examination equipment,
20 office space, furniture, and related expenses in order to enhance investigation
21 and enforcement activities of the department.
22 BE IT FURTHER ORDAINED that these appropriations be offset by a
23 corresponding increase in Estimated Revenues from the Federal Government.
24 Adopted by the City Council of the City of Virginia Beach, Virginia, on
25 the - day of , 1991.
26 This ordinance shall be in effect from the date of its adoption.
27 First Reading: August 6, 1991
28 Second Reading:
APPROVED AS TO CONTENT
Walter C. Krae@r,-Jr.
Office of Budget and Evaluation
- 36 -
Item
OONSENT AGENDA ITEM # 34726
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, CitY
Council APPROVFD- upon FIRST READING:
Ordinance to ACCFYT and APPROPRIATE $37,397 from
the State Department of Criminal Justice Services
Anti-drug Abuse, and TRANSFER $12,466 from General
Fund Reserves as a required local match, to the FY
1991-1992 Police Department budget for increased
narcotics investigation activities and additional
equipment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO ACCEPT AND APPROPRIATE $37,397 FROM THE STATE
2 DEPARTMENT OF CRIMINAL JUSTICE SERVICES ANTI-DRUG ABUSE
3 GRANT AND TRANSFER $12,466 FROM GENERAL FUND RESERVES AS
4 A REQUIRED LOCAL MATCH TO THE FY91-92 POLICE DEPARTMENT BUDGET
5 WHEREAS, the State Department of Criminal Justice Services has provided
6 grant funds to local law enforcement agencies to enhance investigation of
7 trafficking in illegal drugs and the apprehension of persons suspected of
8 violating drug laws;
9 WHEREAS, the Virginia Beach Police Department has applied for and been
10 notified by the state of the grant award totalling $37,397 with a required local
11 match of $12,466;
12 WHEREAS, these funds shall be used for overtime compensation for increased
13 narcotics investigation activities and additional equipment, as approved by the
14 State in the grant application.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA, that funds in the amount of $49,863 be appropriated to the FY9l-
17 92 Operating Budget;
18 BE IT FURTHER ORDAINED THAT total appropriations in the amount of $49,863
19 be offset by a $37,397 increase in estimated revenues from the Commonwealth and
20 a transfer from General Fund Reserves to the FY91-92 Operating Budget in the
21 amount of $12,466 as the required match from the city.
22 This ordinance shall be in effect from the date of its adoption.
23 Adopted the _ day of 1991, by the Council of the City of
24 Virginia Beach, Virginia.
25 First reading: August 6, 1991
26 Second reading:
APPROVED AS TO CONTENT
Walter C. Kraemef, Jr.
Office of Budget and Evaluation
drugrant.ord\swj
- 37 -
Item III-J.5 h.
CONSENT AGENDA ITEM # 34727
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST RFADING:
Ordinance to ACCEPT and APPROPRIATE $13,239 from
the Virginia Subregional Library for the Blind to
the FY 1991-1992 Operating Budget of the Library
Department to produce braille, recorded and large-
print emergency information.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $13,239
2 GRANT FROM THE STATE TO THE FY 1991-92
3 OPERATING BUDGET OF THE LIBRARY DEPARTMENT
4 WHEREAS, the Libraries Services and Construction Act (LSCA) , Title I,
5 provides the opportunity for state funding of certain programs by means of
6 special grants;
7 WHEREAS, the Library Department has applied for the LSCA Title I
8 Subregional Library for the Blind Grant which provides the means to produce
9 braille, recorded, and large print emergency and local information for the blind
10 and visually handicapped citizens;
11 WHEREAS, the Virginia State Library for the Visually and Physically
12 Handicapped has accepted the application and approved grant funding for the
13 Library Department program in the amount of $13,239.
14 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
15 VIRGINIA, that a grant in the amount of $13,239 from Subregional Library for the
16 Blind Grant be accepted and appropriated to the FY 1991-92 Operating Budget of
17 the Library Department;
18 BE IT FURTHER ORDAINED, that estimated revenue from the Commonwealth be
19 increased by $13,239.
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 day of 1991.
22 First Reading August 6, 1991
23 Second Reading
APPROVED AS TO CONTENT
WALTEP EMER, JR.
OFFICE OF BUDGET AND EVALUATIOR
- 38 -
Item III-J.5 i.
CONSENT AGENDA ITEM # 34728
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $339,853, and
TRANSFER $37,761 from Reserve for Contingencies, to
the Department of Social Services for the Child Day
Care Fee System Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $339,853 AND TRANSFER $37,761
3 FROM RESERVE FOR CONTINGENCIES TO THE DEPARTMENT OF
4 SOCIAL SERVICES FOR THE FEE DAY CARE PROGRAM
5 WHEREAS, The State Department of Social Services has notified the
6 Virginia Beach Department of Social Services of an additional allocation for the
7 state fiscal year 1992 for the Fee Day Care Program;
8 WHEREAS, this additional allocation of $339,853 requires a local match
9 of $37,761 in order to receive the Fee Day Care funds;
10 WHEREAS, the additional local match of $37,761 may be transferred from
11 the General Fund's Reser-ve for Contingencies;
12 WHEREAS, the Virginia Beach Department of Social Services has adopted a
13 more stringent eligibility standard of 50% of the state median income level for
14 families in contrast to the state's standard of 70% of the state median income
15 level and still has a current waiting list of 1,057 children;
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That the additional allocation in the amount of $377,614 from the state
19 be appropriated to the Department of Social Services Public Assistance Unit for
20 FY 91-92 to increase services available under the Child Day Care Fee System
21 Program;
22 BE IT FURTHER ORDAINED:
23 That the total appropriations of $377,614 be offset by a $339,853
24 increase in estimated revenues from the Commonwealth of Virginia and a transfer
25 of $37,761 from the General Fund's Reserve for Contingencies.
26 This ordinance shall be in effect from the date of its adoption.
27 Adopted by the Council of the City of Virginia Beach, Virginia on the
28 day of 1991.
29 First Reading gst 6, 1991
30 Second Reading
APPROVED AS TO CON EN-1
V4AL,
OFFICE OF BUDGE-rA,'@ D EVA!-