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Home My WebLink AboutNOVEMBER 1, 1994 MINUTES "WORLD'S LARGEST RESORT CITY" (:II Y ':OUN(:[L CITY COUNCIL AGENDA NOVEMBER 1, 1994 CITY MANAGER'S BRIEFINGS: - Council Chamber - 10:30 AM A. JOINT SERVICES - CITY AND SCHOOLS David Grochmal, Director of General Services B. STORM WATER ENTERPRISE FUND Ralph Smith, Director of Public Works INFORMAL SESSION - Council Chamber - 12:NOON A. CALL TO ORDER - Mayor Myer, E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. CITY COUNCIL CONCERNS D. RECESS TO EXECUTIVE SESSION FORMAL SESSION - Council Chamber 2:00 PM A. CALL To ORDER - Mayor Meyera E. Obc-rndorf B. INVOCATION: Revererd Ted E. David Baylake United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMER CA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1 . INFORMAL & FORMAL SESSION-0 October 25, 1994 G. RESOLUTION/ORDINANCES I Resolution to adopt the City's 1995 Legislative Package and to request the Citys General Assembly Delegation's support in the 1995 General Assembly. 2. Sandbridge Beach and Shoreline Restoration and Management: a. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING a new Chapter 35.1 re Sandbridge Special Service District. b. Ordinance to establish the Sandbridge Special Service District (SSSD) Special Revenue Fund, transferring and appropriating revenues to the fund; to direct the City Manager to budget the receipt and expenditures of SSSD funds; and, to establish revenues of the SSSD Special Revenue Fund. C. Ordinance to AMEND and REORDAIN Section 35-158 and 35-159 of the Code of the City of Virginia Beach, Virginia, re the Transient Lodging Tax and establishing an additional Lodging Tax within the Sandbridge Special Service District to provide beach and shoreline restoration and management at Sandbridge. d. Ordinance to AMEND the ordinance establishing the tax levy on real estate for Tax Fiscal Year 1995. H. 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 ACCEPT and APPROPRIATE a $112,500 Grant from the Institute of Museum Services to the FY 1994-1995 Operating Budget of the Virginia Marine Science Museum re providing contractual manpower and services; materials and supplies; additional technology; and, estimated revenue to the fund be offset accordingly. 2. Ordinance to APPROPRIATE $9,250 from the current balance in the Francis Land House Board of Governors' Trust Fund re expenditures in support of the mission, goals and activities of the Francis Land House. 1. UNFINISHED BUSINESS J. NEW BUSINESS K. RECESS TO EXECUTIVE SESSION L. CERTIFICATION OF EXECUTIVE SESSION M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDO only 427-4305 (TDD - Telephonic Device for the Deaf) 10/27/94/bap AGENDA\11-1-94.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Novernber 1, 1994 Mayor Meyera E. Obertidorf callcd to ordcr tle CITY AFANAGER'S BRIEFING to the VIRGINL4 BEACH CITY COUNCIL i,, tlc (,@ou;icil Chamber, (it-v liall lluilciiiig, oii Tuesday, November 1, 1994, at 10:30 A.M. Cou)icil Members Preseiii. Joliii A. Baut7i, i,iiiwood 0. Braiicli, III, Rob,,rt K. Deati, William W. Harrison, Jr., Iiarbara M. IIc,;iley, Louiy ]?. io;,(,s, Joill, I). M()ss, Mayor Meyera F. Obei-ft&,rf a;id Nalicy K ]'(Jrk,,,- Council Members Abselit: Vice Mayor Williatit I). @essoins IENIEI@El): il:20 A.M. ,l 77'1,,NI)IN(; IIANK MF,,,'TING] Louisa M. 11@Nll,'I?El). 11:05A.M.@ Vice Mayor Sessoms, beiiig a Colporate Officer of Ct@iitral I,'idelity Baitk, eli.Ytloved there were no matters on I/ic agenda in which he has a "I)ei-soiial iliterest", as ci(.,fillt'cl ill flie 1(1, either ilidividually or in his capacity ay aii officei, of Ceiitral l,icielity flaiik. 7he Vice May(,'- rc,gularly makes thiv Disclosure as he may or tnay iiot ktiow of the Batik',v iiiierest iii aiiy apj)licatioii that Itiay come before Cily CounciL rice Mayor @essoms'letter of,@ep(cnil)(,l 27, 1994, iv hereb;, ttia(ic- a pai-t of ilie rt-(ord - 2 - CITY MANA GE R ',v BRIEFIN G JOINT SERT,7CES -CITY ANI) SCHOOL 10:30 A.M. ITEM # 38520 Susaii Walston, Director of Parkv aiid Recreatioii, adi,ised iii Meirch t/ic City and Schools' Collaboration and Support Services Report was forwurded to City CouiiciL Ihis rel)ort idepilifies cooperative efforts during the period of July 1, 1992, to June 30, 1993, aiid iiidi(-ates plaiis fti, iicw j(@int ventures for FY 1993-1994. The report advised 300 plus areas wher(, Citv I)ef)arittie)its proi,ide educational programs for students enrolled iii Virgi@tia B(,ach Nblic @choolv, aiid, 15 plus areas of adult training or staff developnient provided through C'it@, organizatio;is. R(,gar(iiiig the Service Areas from financial to infrastructure, 60 plus areas ('xi.Yt. I'he I)epartmclit,@ of l,ibraries, Parks- aiid Recreation and Ksitor Development actually provide use of their facilities f(@r sch(@()l programs. On the reverse side, the City Organizations receive services from the @chot)l syst,-m. 7her(, are 10 plus areas where schools have supported Cityprograms, ic, traitsportation, food ser@,ices and equipf?zent sharing. .5chools haveprovided 2 areas of adult training c)pporlutiitics. ;ch(@ol facilitics hai,t, been utilized by ihe Departments of Coninzuiiiiy Services, Housiiig and Neighborhood Preseri,atiott, Parks aiid Recreation, Police, Social Services and the Voter Registrar Iii tl7c l,iscal Year 1992-199.3, o@ic of thc maj(@r facilities consolidated was Landscape Maintetiance uildt'r tlle Departmeiii (,f Sf'i@l"iccs. Services also b()re the re.vporisil)ility of Records M(ittag(@tll(')Il for th(, @(@hool.,, (is w,,Ii (is the ('itlv, .A,frs. Walviort advised tlie HIGHLIGHT,5 of Collaboratioll aild Suppurt: Parks atid Recreation year-round use of Schools facilities Finatice processiiig of Schools, payr()Il aild i,eltdor checks Intracity Mail Police Athletic League School Site Selectiol7 aild Acquisitioll Pendleton Child Services Celiter Consolidation of l@ideo Sen,ices Iloter Registratioiz atid l,oter Preciizcts at scllools Coniiitunity Actioti Resource Etyipo)i,eritietit ((,,4RE) At Risk Fai?tily Illitiatil,e Coyisolidation of Laizdscape Services Entergency Shelters Cooperative Purchases RESPITE Prograiri Schools use of Pai@ilioit Literacy Lab Mainfrai?ze (,oitiputer Services Collaboratioii on elliployee bellefits SchooL%@ use of Mtitiicipal Golf Courses, Tetittis Cetiter, atid Conzi?tiinity Recreatiott C.enters Fire Educatiott Records Maiiageitietit Water Quali@v Testitig Total Quality Matiagei?ietit Traittilig Recyclitig Seri@ices Joit7t City (ouiicilISchoof Board Meetings Entergetti-y Medical Sen,ices Statldkvs Teeii Library (lub l,irgiiiia Maritie Science Museui?i Teacher @ldi,isory Patiel Substatice 4biise Sen@ices for st(4delits Microcot?tputer Traillitig 4-H Progranis at Schools, Library Surt,ky of Teachers and School Librariatis Museunt Teacher Workshops Telephoite Directories Listiitgs Drug Abuse Resistatice Education ([)ARE) Child Proteetioii Scri,ices Traillifig November 1, I994 3 CITY MANAGER'S BRIEFING JOINT SERVICES - CITY AIND SCHOOL ITEM # 38520 ((,otitiniiell) Re Cooperative Purchases and Mainfrante Contputer Services, Mrs. Walvton advised the Finance Department through the Purchasitig Divisioii oversees the (oiitract for microcomputer systems and receives bids for both the City a;id @choc)l system. Tlte Heatiitg aizd Autotizated Fuel Contract was consolidated for lower fuel prict,s. Cost savitigs were iiot iiicluded iii the report. Ae Information Technology Departmeitt provides nticroconzputer traiiiiizg, telephotie aizd niainfrante contputer services (payroll, personnel ayidfitiaticial assistaiice). David (;. (,rochmal, Director of (;cii(,ral Scrviccs, aeli,-iv(,d aft,,, st,i,t,ral mectiligs, ille City Manager and tl?e School Superiiitciideiit, fziializ,,(l iii Iugust 199,4, th(, i%'e@, Iiiitiatii-es for City and Schools Collaboration ai?d Support. 1. Purchasing of large volut?te or high cost iteiiis. 2. Risk Matiagetitetit Adniiiihtratioll 3. Use of fuelifig facilities 4. Headstart Prograi?i. 5. Technology Repair atid Maititeliailce. 6. Library C,'ollectioti Dei,elopi?ietit atid Techtiology Networking 7. Loaiiiiig of Stipplies aild Equipl?lellt. 8. Joint Maiiiiig. 7here is a reeommendatioti ft)i a Conziytiuee of City aiid School Purchasitig Agelits to develop a c-oiifideritial livt of all povyibl(- joitit plirchases. As a pilot program, the City has r@-ached aii agreenieitt t4,ith tlt(, Schools Tratisportation Division. Ihis divisioiz will begin seiiditig /)y I)ece?tiber Firvt approximately 75 school buses to fuel at the Landstown site. Mr. Crochmal iv curreiit@)) ?ei,icK,iiig the Headstart Progral?l t() d(,tcrmili(- methods to improve and cvpand tliis program. Oite of the goals of the Infornwtioti Systents Plan iv to dei-clof, a wide area iietwork through fiber optic for all City and School facilities. ]he Iiforntatioii Techtiolog-y C@oi?tiyzittee is developing an RFP for prospective providtrs of tlie first pheisc, wliic:h would comprisc, (il,l,roxi,7iatel@ 27 school locations. (.'oriceriiiiig Library Collectioii, (,iic, of the la(cst ((,()[)ci-atii,( ejforts is thc "Junip Start Program" iiii,olviiig clemeiiiary schoolv. lhc hopcs to pilot iii tli(, Schools' Libraries an on-title access to periodicals. 7hese are cul-reiiii-@ available 117rough a i7ticro-filitt iroc@ess. National and ititernational sci-vices provide perioclicaly thl,(,Uifh (,Omput,,r pi-ogi-(4tpis. 7'li(- ((ivt woul(i be the same as the microfilm vystem. A pilot program iv beiiig dev,elop,,d eiicompassiiig sev(,ral sthooly. Aii iiiveitt()ry is being conducted relativc stipplies and equipulet?t wliich (ould be loaiie(l. I'am I)irec-lor ()f I@blic Iriformatiort, and Boriiiy Fivherfrom the @cho(@ly Iiif(,rtriatioii Office hai,,, (ijoitit iyzailitig at least ()lice ),Car alid ait aiiiiual citizeii survey. ]he Mayor exteiided app)@eciatioii (;rochmal aiid Mrs. @V(ilstoii. Wr. (;r(@(:httial iY currently working with the @chools oti recyclitig fortyis. Ilie blaitk side of tli(, ft)i-ni i@s utilizei 1)), the S(-c(,iid (,@rade .5tudents i(@ practice flieir wriiiiig. N(Yvember 1, 1994 - 4 - CITY MANAGE R'SBRIEFING STORM WATER ENTERPRI,@E T'UND ITEM # 38521 11:12 A.M. Ralph Smith, Director of lublic- W(@rks, advived iii Marcli 11)9.i, tlic dcpartmelit was tasked with imple,mentitig the iiewly evtabli,%he(i Stonti Water Utility Eizterprise Fulid. Mark Johnson, Project Matiager for l@,iigiiieeritig atid 1ei-mittiii,@ - Cilys.@lormwater System, advised his portioti of thc presentation would focus ori Maiiagei?teiil aiid litiprovenient of the City Municipal Separate Storin Sewer Systeni (MS4S). lhe City',v vvstcm c olisi-vis of local systents made up of streets, irilets, pipes and ditchev, whicli divc harge stormwater to tlic priiiiary systei?l, comprised of tunnels, canals aiid vtructurev. The southerii portioii (@f flie City iv pritnui,ill, sci i,(,,i /@), ati opeti channel or ditch system, wliereas the tiorthcrit devel(@ped portic)ii (@f the (,'ity i@% I)j@ att uliderground pipe system (approximately 88square milev). Ihe Storni WaterMatiagei?zeiit Sti4dy cot7iplc-ted iii 1987divided the City iiito 31 Watershed@, wliich divcharged slot-tn water to @lujor rec(,iviii,@ wat@!ry. Ihe receiving waters consist of Broad Bay, Lynithai,en Rii,er, Easterti Bratich Elizabeth Rii,er, North Landitig River, Back Bay, Little Creek Reservoir, Stuttipy Lake, Atlaiztic Oceait, atid N()rfolk Lakes. 7he City is alvo required to .7ta)iage storm water I)y Ft@d(,ral (iiid.@tat(- regulati()Il.@ FEDEK4L Water Quality Ict (11)87) ,,Vatioiial l'ollutaiii I'li@ti)i(itioii STATI,' l,ro,vioii aiid Sedii7,eiii (-'oiiii-ol l,aw (,'Iiesapeake flay 1reyei-vati(,;i @l(,t Virgiiiia @orm Water Maiiagiinciit A(i LOCAL .@t(@rm Water Maiiagem(,)il Oi-tliiiaii(,(, (,'Iiesapeake Ilay lr(,a Oi-ciiiiaitcc ,@outherii Watervl7(,(Is Maita,@(-tnc,iii Or(iiiiaiicc, Ero.vioii aiid.@(,dinic;tfali()Il 1,7ood I'lai;i Regul,itioiis Zoiiing O)-diiiaiice .,;ite Ila;i Or(Iiiiaii((, ,@ubdivisioii Regulatioiis @t(irm @ewer I)ivchai,@(, Or&?iaiic(, 7he NPDES Perntit Regulatiolis b,isicall), i-equire flit, ('itl I(, a Coniprehensive Storm Water Matiagentent Progrant to redu(t- tli(, discharge of poiltitatits 1,@ vto/,//) Kater ritnoff I() the waters of the United,';Iates to the maximum cxt(,/It pi-ac-licable fi@om (onitn(,i-, ieil (iii(i resi(letitial areas, illicit discharge aiid improper disposal, iii(lustrial fu(iliti(,,% atid coiistru(tioli ']/i(, i-(,gultiti(,iis alvo require the City t(, Icvelop a stortit water i?ioititoritig prograt?i to chai,i(l(,i-iz(, wal(,I- ruii off NPDES PERMIT STATU'S Subnzitted pernzit application to lirgiiiia Departitielit Of Eiivirotinietital Quality (DEQ) ilt Noi,eitiber 1992. Receii,ed Draft Pe"rtit froni DEQ iii Iugut 1994 Draft Pert?iit Ctirrelitly ulidtr Ret,iew November 1, 1994 CITY MANAGER'S BRIEFING S7'ORM WATER ENTERPRIVF FUND ITEM # 38521 (Colitilliieil) The FY 1994-95 Storni Water Capital Intproventetit Prograiii ()f 21 Projects at a total cost of $32,603,563. Mr. J()htisori cited projects iii the Storni Water Capital Iitiprol'el@ielit Prograt@t: ONGOING PROJE(1'7.1; 2-020 Various I)raittage (12 Active) 2-183 @fortn Water Qualit@, I,'ithalit (,Itl('Ilts (4 A(live) 2-113 .@form Water.Y),.Yl(,In PROJECTS IN YEARS 2-6 2-145 Arctic Ai,eiiuc - liallic Av,(,iiue (Iartial) 2-022 Ocea;ia (,ardeiis l@,ast Currently, there are 16 active projects, aiid 8 projects ut7der cotistrtictioji- lyie Stumpy Lake Drainage Project is not dcpicted, but wa.1/2 c(implctcd lavt year. 17ic curi-etit storiii water backlog consists of 13 projectscompri.vitig$34-MILLIOA' atid funding availability. Art @haw, Operatioits Etigiiie,-i - lublic W()rk,@, a(ldi-csyei th,, iysi4,, of Maititeiiance and Operation. Maintaiii Roadside Ditches Maintaiii Lead DitchesICatials Flood RespotiselClear Debris Bank Stabilizatioti at Structurt,,s Repair Cave-]tis at Storni Water Structiir,,s litst,aM Stort?i Water Pipe ItistalIlRepair Storni Basiiis aiid Dry%,ells Cleaii-Out of Storni Basiiis aild Pipe Maiiztain Reteiitioi7lDeteiztioti Polid@@ Maititaiii DanisISpillways Clean-Out of OillWater Separators litspect BMP Facilities Maiittaiii Storni Water Puiyzp Stalioiis FY 94-95 823,756 014,329 51 Positions Requested 60 o@3 58 (FTE) Storm Water deficieticies aiid requesiv for services frot?i , itiz@'ll, i, ((,Iistailtl,v iii(@reasiiig. Fifty percent of I/ic drairtage facilitics are oi,(,r tm,elity-years old. Novetnber 1, 1994 - 6 - CITY MANAGER'S BRIEFING STORM WATER ENTERPRI.S:P, FUNI) ITEM 38521 (Cotitittiieti) tlInvllnspICosts of Value) 2,@3,800 730,700)324,630 000 500 000 200 BMP's 7,681) 79,313 22,400 (actual) 141,693 573,554 ,ilr- @@haw displayed the slide de[)i(tilig the Work Order Tretids. l,'I.V(al Year 1994-95 is pr()jected to be al)proxi,iiately 4,900, which d(,I)ic is l Colitilluous iiicreu,1/2e iii ili(, for service. 7he white I)ars repi-eseiit the City'.v abilil,vl t(, (cottipleted work orders) i')icr(,Os,,s have been made,@ach i,t,ar. RESPONSE - LEIIEI, OF SERI,I('E Curretit ndlpreferred average days avg. rc,,vp(iiise i reslx)nse time response time IDetetitit 2 (@urreiit Acconiplivhnteizts Effectii,e use of Curretit Fuildilig Created Autontated Work Ordtr Processilig @yvleili Installiitg Ii7i,eittory ipwiiitet?aiice iiiai?agetiletit @ystei?i Broadened Maititeiiatice Ilispectioll Prograill Created Custoiner @Vervice Orgattizatioil Optimized use of C,@(ititracts atid Coi7tract lab,,r Adopt-A-Waterw@v Prografit November 1, 1994 - 7 CITY MANAGER'S BRIEFING STORM WATER ENTERPRISE FUND ITEM # 38521 (Coiitinueil) Mr. Shaw cited the Contract l,'alue as a 1erceiitagc of Storitz Vater Mailitenatice Budget. I,-Y 1992-1993 15.22% of Iiudget f,'Y 1993-1994 41 52% of Budget T,'Y 1994-7095 44 2 % of Bu4g(,t Cliarts depicted Custoi?zer Denzand i,ersus Capability aiid Forecasted Resource Requirements whieh rt!flected Customer Demaiid, Ba(-kl(@@ Maitagemerit, Othf,r a@ld ('umulative. Phil Daveitport, Admiiiistrator C(,-or(iiiialo?@, th,, (,ustoitier Seri,ice and Financing Aspect of flie 5torm Water Utilit-@ BILLINC, HI.5TORl' Deceniber 1992 Couiicil Approt,ed Fees March 1993 Public Works Assigned Billing Responsibility May 1993 4dvanced Notification to Citizens June 1993 Firvt Bills Selit BILLI,VG ACCOMPLISHMEN-FS Iiicreased Number of I,@]?US Improved (,'ollectio)i Rate Reduced Addrevv 1roblems (,'otnputer Litik to I'ax R(,du(ed 7tlephoiit, (,'ally S7'ORM WATER U7'ILITY i"t,ND Fiscal Year 1993 - 1994 Budget Unit Budget Ai?iout7t Total Obligatiotis Unencunibered Balance Prograill 4 70, 1 Ii@ 424,444 45,669 Managenietit Custonter Service 217,121 202,388 14,733 Operatiolis & 3, 77@5,83 3,775,0-@,- 780 Maintenance BMP Inspections 79,595 @0, 450 (855) Capital Projects 1,700.000 I,/-OO,Ooo 0 'OTAL 6,242,666 6,182,339 60,327 Other Costs 1,358,212 059,24,@ 398,964 TOTALS 7,600,878 7,141,587 1 November 1, 1994 CITY MANAGER'S BRIEFING STORM WATER ENTERPRIISE FUND ITEM # 38521 (Cotitiiiiii,(I) STORM WA7ER UTILITY FUND REI,7.'NUE SCHEt)UI.E Fiscal Years 1994 & 1995 udgeted Revenue 251 247 2,300,000 Reint TO T, 7,600,878 budgeted Revenue 989 247 9,236 PROJECTED NET BUDGE7ARY BAI.ANCE AS OF JUNE 30, 199.5 ry Balaitce 91 Rei,etiue 22 cted Unbudgeted R 36 cted Net Budgetary Balance 49 Mr. Daveiiport oullitied th(- FY 1994-9-5 tliru FY 1999-00 Pr(,iecled Ret,etiues and the Proposed Budget,ary tieeds. I?alph @mith, Director of Ilublic PVoi-A,@, advised iiiforinati,)ii ha.% @-c)i ft, ai@(le(i i@elative Storm Water Quality Prograi?ts. Tlie City hav elit?iitiatc(i 82 illicit dischargessi@i,,,,Ilil 1, 199.3. ,;iltce July 1988,1300 BMP'.5 have becii esiablivllccl. ai(- 13 nzajor CIP Projects @34-@VIILION, not funded iii the curretit 6-year Prograin. If fli(, tii;(,ragt- fuii(iiiig pei ),,-ai of ilic- (@-year pr(@@ram is examined, thiv will itecessitate 18 years bcyoiid th(, (ui r,,iit pr(@gi-atit befor,, tht@@s(, pi ojeciv are currefilly funded A $1.1- MILLION gap was discuvved iii tht, (-apacity versus dettiaiid aii(i a $.5.1-MILLION funding proposed over a fliree-year peric)d as part t)f tlie Budget recot@iniciiti(itioij,, to arrive at a 60-day backlog. Itnplemeiitation of il7e Utility I,e(, aiid receii,ed wer(- niaiiag(,,l (@fft,ctiv,,Iy by the members of C'it-v .';Iaff preseiitiitg thi@v iriforniati(,I, I(' ('it)' (.'(,itce"is were mprevs-ed re rtiral areas, ic. l@iigo Airfi,,Itl. Bill,@ @lot bc st@lit for impervious scri,ice,% wlit@n flie owiiers provi(l(, th(, (,ouiicil rcqueste(i tliiy ilcm f(@r fu@-th,-i- i;td (iis(usvioii I)y City Council. November 1. 1994 - 9 - ITEM # 38522 Mayor Meyera E. Oberiidorf called t(i ()rder the INFORMAL SESSION of the IIIRGINL4 BEACH CITY COUNCIL ii7 the Council Cliamber. (,'ity Ilail Iluildi)i.@, o)i lu(,,@la-@, Vov(,mb(',' 1, 1994, al 12:15 EM. (.'ouncil Members Present: Joliii A. I3aum, I,iiiwood 0. Braiich, III, I?ob@,i-I K. I)eaii, William W. Harrison, Jr., flarbai'a M. Ileiiley, l,ouis I?. Joit(,s, Iohil 1). M()ss, Mayor M(,yera E. Obei-ii(l(,rf, Naii(@'v K. I'ark(,i-, Vi, c A4,i @,,l @Villi(ini 1). Sessoins, Jr. aiid I,(,uis(i %4. Sti-a-vh(,rri Couricil Members Absciii: No)ic Novcmber 1, 1994 - 10 - ITEM # 38523 Mayor Meyera E. Oberildorf eiitertained a motiopi to permit ('i(y C()ulicil to coliduct its EXECUTIVE SESSION, pursuaizt to ';ectioii 2.1-344, Code of Vi@giiiia, iy (im(,ildecl, ftir flie following purpose: PUBLICLY-HELD PROPERTY.- I)iscussioll (,] (-oiisi(ieratif)ii of the coiidition, acquisitioii, or use of real pr()pert)@ foi- public, purl@osc, or of the disposili(@ii ()f l,ublicly -held property, or oj i,laits for the future (if an institutioii wliich could affecl tlie value of prol@,,i ty, (,wiied or desirable fc)r owner,vhip kv such iiivfitutio)t purvuaiii 2.1-344(A)(3). l'o-Wit: Icqui.,iii,,;t of 1rc)l@ei-ty - Virgittia B,-a(h Boiougli - Iiaysi(le, B,,i@ough - I,-Viiiihai,(,ii LEGAL MATTERS: Coiisultatioit wilh le,@al or briefiiigv by staff member,v, coitsulta;it,%, or atio"ieys pei-taiiiiii,@ I() ficlu(ii or probable liti,@ation, or otht,i, Ypecific legal triatic-i@.v r,-qut,.@tiii,@ th(, I)rov,isions (if legal advice 1)), 4-ou)is(@l purvuaiit t() S,-cli(,It 2.1 3,@4(li)(7). l'o-Wit: l,egal I@YYut,@s - Amphitlicater - Real P,@state Mattei-,y - Virgiiiia Beach IloroughlIynnhaven It,,rough - l,ake (;astoii - lool Cc)rrosioii - ]?,-(@(,Utioii Upoii motioii by ViceMayor.';es,onis, secoii(ied 1)), C()1401(il I,U(il ('ih@ (,(,uiicil votedioprocced i;it(, EXECUTITIE SESSION. Voting. 11-0 (-@ouricil Meinbers Votiiig @lyc. Joliii A. Baum, l,iiiwood 0. Braiich, III, I?ob(,I,l K Deall, William W. IIarrisoii, Jr., Barbai-a M. IIettley, Louiv R. Jo)i,,s, J(@Iiii I). Movv. Mayor Meyera ],,. Ob(@r;tdorf, Na@icy K I'arke),. Vice Wavot William I). @evsoms, Jr. a;td Louisa V. .@ti-ayho"l (,'(,uiicil Members Votiiig Na@ Nc)iie (.'ouiicil M(,mbcrs Abserit: Noite November 1, 1994 FORMAL SESIOA' l@'IRGINIA BEACH C,'ITY ('OUNC'll, Novei?tber 1, 1994 2:00 P.M. Mayor Meyera E. Obertidorf calle(i i(i order the FORMAL SE.@SION ()f 1/7e L"IRGINIA BEACII CITY COUNCIL in the Couticil (,'Iiattib(,r, ("itj, II(ill I@uildiiig, (,ii ]u,-sitii,, V(,t,eitit)(,r 1, 1994, at 2:00 P.M. Council Members Present: John A. Baum, l,iitw()()d 0. Ilranch, ill, I?ob(,t@t K. Deaii, William W. flarrisort, Jr., Ilarbara M. Heiiley, Louis R. J(@ii(,s,.Iollll 1). Mosv, Mayor Meyera I,,. Oberitdorf, Naiicy K Ilark-ei-, ViceWa,@)or Williatn I). Segvoms, Jr. aiid Louiva Al. ';Iravhorti (-'c)uiicil Membcrs Abserit: Noite I@Vl,,OCATION: Revereiid I'cd /,,. David Ilavlake Upiited Vctho(list Churcli LEDGE OF ALLEGIANCE TO -f E FLAG OF T@E IED STATES AMERICA November 1, 1994 - 12 - em III-E I CER TIFICA TION OF EXECUTDIE SESSION ITEM # 38524 Upoii motion by flice Mayor ';essoms, secoided by Couiicit l.a,ly,';Irayhorit, City Council CERTIFIED THE EXECUT)7,E SESSION TO BE IN ACCORDANCE H'17'H TIIE MOTION TO RECESS. Otily public busiiiess matter@y lawful@), (,xettilf,,,l j@'oni OI)cil Meelitig requiremeiiis /)), Vi@qiiiiu law were (Iiycussi,ti iii l@e(,utivt, St,.@.yion to which I/ii@v c(,i-fific-ati(iii resolutioii al)pli(,s; AND, Otily such public busi)less matterv as w(,r(, i,leiiiified iii the motio?l conveiiiiig the l@e(-utive Sessioll were hi,ar(l, (ii.,(uss(,d o), coiisi(lered by Virgiiiia Beac@h ("oulicil votilig: 11-0 (,'ouncil Members Votiiig Ay(-. Johii A. Baum, Lillwo(@d (). Braiicii, III, Robert K. Deaii, William W. Harri,voii, Jr., Barbara M. licitley, Louis R. J(,Pl('s, J()hll D@ M(@,V.V, Mayor Meyera L@-. OI)erlidorf, Nallcv K Parker, Vice Ma@@(,i@ William I).,;(,ssotns, Jr. aiid Louiva M. ';ti a-lhol@ll (,'outicil Members Vo(iitg Na- . No@ie ('c)uiicil Members Absetit: Noiie N(ivember 1, 7994 arl CEII'I'IFICA,riON OF SESSION N@IIIGINIA Br.Y%Cli CI'I'Y ('OUN('IL WIIEREAS: I'lie Virgiiiizi Bc:ict) C.'it), Couilcil Coll%'Cl]CLI iii(o EXECUTIN'E SESSION, pursuaiit to tliclffirnlitivc %!otc rcc()r,ickI iii ITEM # 38523, Pziic , N(i. I 0,;tiid iii accordilicc with the provisions of I'lic Virginia Freedoni of lnl'kii-m:itioli Act, Zili(t, WHEREAS: Sectioji 2.1-344. of tlie (@o,le ()f Virgiiiia requires a certiflcation b), the governiiig body tiiat such Executi%,e S",sioii wits coliducte(I ill Colifortility with Virgiiiia law. NOW, THEREFORE, IIE i@r 1.ESOLN'ED: ilic Virgiiiia Beach City Council hereby certifies tiiit, to the I)est of czicti nicriil)cr's kiiowledgc, (a) onl@, pul)lic bu,,,,iiiess matter.,; l@t,A,fully excnipted froni Opcii Mcctiiig reqtjiictiiciits bNl Virgiiiia I;lw %\,cre discusscd iii Executivc Sessioii to wliich this certificzitioii rc@oltiti(@ll @ipplies; (1)) olll\ sucli pul)lic I)Usillcss mattcrs zis werc ideiitificLI iii the iilotioii c@)iivctii;lL, (Iii.@ Exec LI[I@C SCSI,'ioli @\,crc heard, discussed or cojisidercd bv Virgiiii@i B@icli ('it\, C(juticil. @uth Hodges'Smith, CMC/AAE City Clerk No\,enil)cr 1, 1994 - 13 - tem III-F I MINUTES ITEM # 38525 Upo), motion by Vice Mayor 5essoms, sccoiided by Couiicil La,ly ]'arker, Cit), Council APPROTED th, Minutes of the INFORMAL AND FORMAL SESSIONS of@,Voi7elylber 1, 1994, AS CORRECTED: Typographical error, Page 23, ITEM # 38504 Ordinance autlioriziiig Liceitse Refutids iii th,, attiou,it (If $64,973.50 upoii ap[)Iication of tertaiii persoiis j@id up(@ll Certificatio@i of the Commisvioii(,r of flic Rev,eliue. Votilig. 11-0 (,'(@uncil Memberv Votiitg @ly(-: Johri A. Bautn, Liiiwo()d 0. Iiraiich, III, Robcit K. Deapi, William W lIarri.voii, Jr., Barbara M. IIetiley, Louiy R. Joii,-s, Johii 1). M(),vs, Mayor Meyera P,. 01),,rild()rf, Nailcy K Parkei, Vic(- Vtj@,(,r Williani I). ,;t-ssoms, Jr. aiid Loui.@a M. @trayhorii Couiicit Members Votiiig Nay. N(@iie C'ou;icil Memberv Absciit: Noiic Novtmber 1, 1994 - 14 - tetn III-(,' I RESOLUTION ITEM # 38526 Lou Pace, 1908 Hunts Neck Court, I'lioiic: 468-0925, sp()ke ii, OPPOSITION Upori motiori by @icc Mavor S(!sv(,trts, secoiided t)y 'ouii(iltil,iii Cit)@ Council ADOPTED, AS AMENDED*: Resolution to adopt the City's 1995 Legivlativt, I'ackaKe aild to request flie City's Geitei'al Issembly Delegatioii'.y supl,(,it iii th(- 1995 (;encral Assembl),. *(Route 44 Toll Issue Renzoved froi?i the Legi.Nlatit,e Package) City Coupicil undcrviaiidv th(,st- tolls are to he rt,itioi,,(,d u,ititifiistraiii,el'@ @ @l I?esolution shall be S(,@IIEDUI,ED for tlle City Coulicil ';essioii to the (;eiieral Asst,tnbl@ to clisurt, the coiiiinued funding of Route 44, followiiig tlje remoi,al of tolls. Souiid attetiuatioii barriers, the Witchdtick aizd Roseniont Road lyiterchanges need to be a(i(ircs.%(,(l V(,tiilg: 10-1 (-'ouiicil Members Votiiig Ave. Joli;i A. Bauin, Liiiwood 0. I@raiich, III, Williatti W. lIarri,@oii, Jr.,% Barbara M. Ile)iley, l,oui.@ R. Jones, Joh;t I). Movv", Mayor Aleyera E. Oberiidorf Nan(v K I'arker, Vice kfa.vor Willi,ini I). S(-Ss()ms, Jr.* and Loui.va M. ';Ir(iyh(,iii (,@ouiicit Memberv Voli;ig Na-i,. I?obert K D(,aii ("Outicil Members Abse7it: N(iiie 'Vice Mayor Seyvoms afid (,@ouiicilittaii Ilari-ivt)ii vc)ted a L@ERBAL NAY ori the ivsue re Constitutional ametiditient to allow ati elected school board with taxiiig powt,r. *'Coui7cilman Movv i,oted a l@ERB,4L NAY oii the iv@@ u,- r(, Post Labor [ky School Opening. IVovember 1, 1994 1 A RESOLUTION ADOPTING THE CITY'S 1995 2 LEGISLATIVE PACKAGE AND REQUESTING MEMBERS OF 3 THE CITY'S LOCAL DELEGATION TO THE GENERAL 4 ASSEMBLY TO SPONSOR AND/OR SUPPORT LEGISLATION 5 THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES 6 SET FORTH THEREIN 7 WHEREAS, CitY Council traditionally adopts a package of 8 legislative goals and objectives of the City and requests Members 9 of the City,s local delegation to the General Assembly to sponsor 10 and/or support legislation to carry out these goals and objectives; 11 and 12 WHEREAS, city Council has considered a number of goals 13 and objectives for inclusion in the City's 1995 Legislative 14 Package. 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That city Council hereby adopts the City's 199 5 18 Legislative Package, which is attached hereto as Exhibit A and is 19 hereby incorporated by reference. 20 BE IT FURTHER RESOLVED: 21 That the members of the City's local delegation to the 22 General Assembly are hereby requested to sponsor and/or support 23 legislation in the 1995 Session of the General Assembly that would 24 carry out the goals and objectives of the City as set forth in its 25 Legislative Package. 26 BE IT FURTHER RESOLVED: 27 That the City Clerk is hereby directed to transmit a copy 28 of this Resolution to each member of the City's local delegation to 29 the General Assembly. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the day of ovembr 1994. 32 CA-5758 33 ORDIN\NONCODE\LEGPACX.RES 34 R-1 35 PREPARED: 10/25/94 1"5 LEGISLATWE PACKAGE FUNDING ISS Y ORDER I Request $5 million to fund the construction of the expansion of the Marine Science Museum 2. Request $458,950, which is 50% of the cost, to relocate the Pendleton Child Service Center. 3. Request $5 million for partial ftinding of the Hurricane Protection Program. 4. Request for the State to pay the City's share of the cost of establishing the new family court system, if the system is established. The total local cost is estimated at $800,000. STATEWI]DE FUNDING POLICY ISSUES 1 . Request for full ftinding of education and full funding of any mandated teacher salary increases. 2. Request for full ftinding for State Aid to Libraries. 3. The Conimonwealth is requested to include ftinding for Constitutional Officers' fringe benefits which was deleted for fiscal year 1996 during the adoption of the current biennium budget. OTHER ISSUES 1 . Post Labor Day School Opening 2. Constitutional ainendment to allow elected school board with taxing power. 3. Recordation of Plats for Public Purpose Uses 4. Liquidation of Assets of Dissolved Corporations 5. Virginia Indoor Clean Air Act 6. Relief from E-911 Tax 7. Auto Decals for Survivors of Disabled Veterans ADDENDUM PUBLIC SAFETY PACKAGE 2 LOCAL FUNDING ISSUES IN PRIORITY ORDER 3 VIRGE'41A MARM The Virginia Marine Science Museum is the most heavily visited museum in Virginia. The City is embarking on a $35 million expansion of the facility, which will greatly increase the facility's appeal as a tourist attraction and as an educational facility. Of the over two and one- half million ovemight visitors, who come to Virginia Beach each year, a large majority of them visit the Virginia Marine Science Museum. it is expected that the expansion of the Virginia Marine Science Museum will generate several hundred thousand additional visitor days. This will increase the amount of direct tax revenue to the Commonwealth over the approximately $20 million that is now generated from tourism in the City. RECOMMENDATION The General Assembly is requested to appropriate $5 million to partially fund the expansion of the Virginia Marine Science Museum. The General Assembly in the past has been extremely generous in support to the facility and this will continue the partnership that exists between the City and the Commonwealth on this facility 4 PENDLETON CHELD SERVICE CENTER RELOCATION The Pendleton Child Service Center has been located on the Camp Pendleton State Military Reservation (SMR) since its conception in the mid-1970's. The City is being required to relocate the Child Service Center off of the SMR. Total cost to relocate the project is estimated at $1.4 million. RECO@NDATION Tbe General Assembly is requested to provide $458,950 as the State's share of relocating the Child Service Center. The Child Service Center is a Certified Group Home, and is eligible under the code for the State to provide 50% of the capital costs. The additional costs will be bome by the Cities of Virginia Beach and Chesapeake. 5 VIRGE141A BEA T The City has been working with the Corps of Engineers for a number of years to receive Congressional authorization and ftinding for a Hurricane Protection and Erosion Control Project at the oceanfront. This would be an expanded beach and dune system from Rudee Inlet to 89th Street, include a new bulkhead between Rudee Inlet and 58th Street, and a new boardwalk between Rudee Inlet and 40th Street. The project would also include relocation of the existing interior drainage system; with the stonnwater disposed of through submarine pipelines. The City will expend approximately $70 million on the resort streetscape improvements; and the Hurricane Protection Project is needed to protect those investinents. Also, the new beach, which will be higher and three times as wide as the existing beach, will increase Virginia Beach's preeminence as a vacation beach on the Atlantic seaboard. This will allow the City to better market itself, and also, will produce extended stays, which will generate additional direct tax revenue to the City and to the Conimonwealth. COMMENDATION The General Assembly is requested to appropriate $5 million in ftinding over the biennium for the Virginia Beach Hurricane Protection and Erosion Control Project. This project is now currently estimated to cost approximately $88 million with the City's share at 35 % of this figure. State assistance is justified to assist the City in protecting the investments already in place on the oceanfront, and to increase tourism in Virginia. 6 FAMH,Y COURT SYSTEM T'he State may initiate a new family court system. This will require the addition of new court and office space where these services will be provided. The City has just completed the construction of the $32 million court complex and it is appropriate that the State pay for capital costs of this new mandated family court system. RECO@NDATION The General Assembly is requested to pay the local capital cost of $800,000 necessary to provide the appropriate space for the new family court if it is established. This would include court rooms and office space, etc. Ile cases are currently handled within the existing court rooms and office space. However, by creating the court system, the State is establishing a new tier in the justice system, and it should not be the City's responsibility to provide office and court space for this mandate. 7 STATEWIDE FUNDING ISSUES 8 EDUCATIONAL FUNDING Although the General Assembly provides funding for its share of the Standards of Quality (SOQ), all jurisdictions throughout Hampton Roads contribute a much larger amount than is required by law on a per pupil basis. Furthermore, many localities, especially Virginia Beach, are required to provide capital facilities without any assistance whatsoever from the Commonwealth. RECO@NDATION The General Assembly should fully fund the Standards of Quality (SOQ) without any unfunded mandates for teachers' salaries, nurses, or other requirements. Furthermore, the State should begin a program of funding the costs of capital facilities necessary for educating the children of the Commonwealth. Finally, the General Assembly is requested to examine increasing the Standards of Quality (SOQ) to reflect actual expenditures by Virginia localities. Many Virginia localities greatly overspend the mandated SOQ ainount in order to provide a quality educational K-12 system. The Commonwealth should acknowledge the need to raise the SOQ along with state- funding. 9 STAT'E AIID TO LIBRARIIES The Conimonwealth provides direct grants to localities based on a per capita basis under the category of State Aid to Libraries. This money is used for the provision of higher quality library services than would otherwise be allowed through only local revenue measures. The Commonwealth in the past has proposed cutting State Aid to Libraries and the City is extremely concemed this may be proposed during the 1994/1996 biennium. RECO@NDATION The General Assembly is requested to maintain a full ftinding for State Aid to Libraries. This will allow the City to continue to provide books and other reading materials through the use of this fund in the ever growing Virginia Beach library system. 10 OTHER ISSUES 11 POST LABOR DAV QVUnnif npENING The Code of Virginia cu-ently requires Virginia school systems to open after Labor Day. Variances can be given by the Secretary of Education to allow school systems who are affected by severe weather or for other reasons. The post Labor Day school opening requirement has increased tourism within the Commonwealth and increased employment opportunity for students who work in the Conirnonwealth's many tourist attractions. A change in the post Labor Day school law would be detrimental to tourism on a statewide basis and would be especially harmful to the City of Virginia Beach. RECOMMENDATION The General Assembly is requested to retain the requirement that schools not open until after Labor Day. The Code does allow for variances to be given to school systems who have severe weather in the winter, wherein the post Labor Day school opening would require the school calendar to extend further into the month of June than would otherwise be needed. This request is made because of the importance of tourism to the economy of not only Virginia Beach but the entire Commonwealth. 12 CONST@IONAI, NDMENT ING POWER Virginia Beach and a number of other jurisdictions across the Corrunonwealth will soon be electing school boards. However, based on the experience in other states, elected school boards that are not responsible for the financing of the decisions they make are not fully responsive to the public. Fiscally autonomous elected boards with the power and responsibility to raise the revenue needed for programs that they propose are seen as a much more viable and responsible way for the public to be represented RECO IENDATION Tbe General Assembly is requested to begin the process to ainend the Constitution of Virginia. The Constitution requires two succeeding sessions of the General Assembly must adopt a resolution on a constitutional amendment before the issue is then put before the voters at the November election following the second approval of the resolution. Tbe constitutional amendment will not spell out, in detail, the exact lirnitations of the taxing power as this is done in the enabling legislation usually passed after the constitutional amendment has been approved by the voters. A constitutional amendment such as Senator C.A. Holland's Joint Resolution 17 of the 1993 Session is a very workable starting point. Senator Holland's resolution would require independent school debt to have the same limitations applicable to county/municipal debt, would provide by general law how the debt liinitation should be allocated between the debt of the independent school division and the debt of the locality, and would require the voters of each area where elected school boards with taxing power are proposed to approve such authority through referenda. Therefore, It would require the General Assembly approval in two succeeding sessioris of the resolution autho@g the referendum question on this amendment to the Constitution to allow elected school boards with taxing powers. Then, for enabling legislation to be adopted by the General Assembly, and finally for each locality to have its voters approve taxing power being given to school boards before it could be utilized. 13 Under present law, ordy streets and easements for public passage may be dedicated to localities by plats. other types of easements, such as for water, sewer, and drainage purposes, must be dedicated by deed. This procedure is cumbersome and, but for the fact that it is legally -quired, unnecessary. It would streamline the subdivision review process, both for City staff and development interest, if utility and drainage easements could be dedicated to the City by plat. COMMENDATION T'he General Assembly is requested to amend the Code of Virginia, Section 15.1-478 to enable but not require localities to provide by ordinance that water, sewer, and drainage easements may be dedicated by plat. "Dedicated" could be to the locality itself or to a person or entity designated by the locality. The recommended wording is as follows: 15.1-478 Recordation of Plat as transfer of streets, termination of easement, a,d ights-of- way, etc. -- 'Me recordation of such plat shall operate to transfer, in fee simple, to the respective counties and municipalities in which the land lies such portion of the premises platted as is on uh plat set apart for streets, alieys or other public use and to transfer to such county or municipality any easement indicated on such plat to create a public right of passage over the same; but nothing cOntained in this article shall affect any right of a subdivider of land heretofore validly reserved. Provided, that where the authorized officials of a county, towri or city within which iand is located, approve in accordance with the subdivision ordinances of such county, town or city a plat or replat of land therein, then upon the recording of such plat or replat in the clerk's office wherein land records are maintained, all rights-of-way, easements or other interest of the county, town or city in the land included on the plat or replat, except as shown thereon, shall be temiinated and extinguished, except that an interest acquired by the county, town or city by condemnatiori, by purchase for valuable consideration and evidenced by a separate instrument of record, or streets, aheys or easements for public passage do-esl,c waler -d s@wea e subject to the provision of 15.1481 or 15.1482 shall not be affected thereby. 14 Under Section 13.1-747B and 13.1-909B of the Code of Virginia dealing with judicial dissolution of corporations, circuit courts may liquidate the assets and business of corporations at any time after the terinination of corporate existence, pursuant to the sections or any laws of the Commonwealth in effect at any time prior to January 1, 1986. The ability to use laws in effect prior to January 1, 1986, allows for some very ambiguous and difficult to track corporate records. Furthermore, when a judicial proceeding is brought to dissolve a corporation, the court shall hold a hearing after notifying all parties to the proceeding and any interested person designated by the court. This does not necessarily include owners of contiguous real property interests that may be affected by the transfer of the assets of the corporation. RECOMMENDATION The General Assembly is requested to amend the Code of Virginia to remove the provision in Section 13.1-747B and 13.1-909B of the Code that includes the language coneeming laws of the Conimonwealth in effect any time prior to January 1, 1986. The new Code section should read as follows: "The circuit court in the city or county named in subsection C of this section shall have full power to liquidate the assets and business of the corporation at any time after the termination of corporate existence, pursuant to the provision of this chapter, upon the application for any person, for good cause, with regard to any assets or business that may remain. The jurisdiction conferred by this clause may also be exercised by any such court in any city or county where any property may be situated whether of a domestic or a foreign corporation that ceased to exist. " (This wording removes the reference to January 1, 1986) Furthennore, it is recommended that Code Section 13.1-748A and 13.1-91 OA be ainended so that property owners of contiguous real property that may be affected by the dissolution of corporations shall be informed of the public hearing to accomplish same. The proposed language for this code section is as follows: "A court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage while the proceeding is pending, the business and affairs of the corporation. The court shall hold a hearing, after notifying all parties to the proceeding including but not limited to. owners of contiLruous real - affec of the assets of the ation before appointing a receiver or custodian. The court appointing a receiver or custodian has exclusive jurisdiction over the corporation and all its property wherever located. 15 VIRGINIA INDOOR CLEAN AIR ACT Virginia Code Section 15.1-291.2C currently provides that "[a]ny restaurant having a seating capacity of fifty or more persons shall have a designated no-smoking area sufficient to meet customer demand. " (Emphasis added). Because this requirement is not specific, it has proven to be difficult for restaurants to comply with, and for localities to enforce, Tberefore, it is considered advisable to amend this section of the Code to provide a more specific, quantifiable requirement. RECOMMENDATION This proposed amendment to Virginia Code Section 15.1-291.2C would impose a requirement that any restaurant having a seating capacity of fifty or more persons shall have a designated no-smoking area which constitutes a specific percentage of the area open and available for the seating of customers. 15.1-291.2 Statewide Regulation of Smoking. -- Any restaurant having a seating capacity of fifty or more persons shall have a designated no-smoking area sufficient to meet customer demand. which constitutes no less than twenty-five percent of the area of the restaurant open and available for the seating of customers. 16 PROPOSED AMENDMENT DE SECTION 5Ll--3813 (LOCAL E-911 TAX) TO EXEMPT RESIDENTS OF NURSING HOME F'ROM TAX LIABILITY Virginia Code SS 58.1-3813 provides that localities may impose upon subscribers of telephone service which includes the enhanced E-911 system, a tax to pay for the cost of providing such enhanced E-911 service. Persons residing in nursing homes and similar care facilities who have personal telephone service have no need for individual E-911 service, in that emergency response is normally provided by the care-provider staff; however, such individuals, often subsisting on limited incomes, are nonetheless required to pay the E-911 tax. RECO@NDATION: This proposed amendment to Virginia Code SS 58.1-3813 would enable local goveriunents to exempt residents of nursing homes and similar adult care facilities from payment of the consumer tax imposed for enhanced E-911 service. SS 58.1-3813. LOCAL TAX FOR ENHANCED EMERGENCY TELEPHONE SERVICE A. Notwithstanding the rate limitations iinposed under SS 58.1-3812, any county, city or town which has, singly or by joint agreement, established or will establish an enhanced 911 emergency telephone system, hereinafter referred to as E-91 1, as defined herein, may impose a special tax on the consumers of the telephone service or services provided by any corporation coming within the provisions of Chapter 26, except that no such taxes shall be imposed on federal, state and local goverrunent agencies. Such tax shall be subject to the notification and jurisdictional provisions of SS 58.1-3812. B. The following phrases shall have the following meanings: 1 . An "E-911 system" means a telephone service which utilizes a computerized system to automatically route emergency telephone calls placed by dialing the digits "91 1 " to the proper public safety answering point servicing the jurisdiction from which the emergency telephone call was placed. An E-911 system includes selective routing of telephone calls, automatic telephone number identification, and automatic location identification performed by computers and other ancillary control center conimunications equipment. 2. "Public safety answering point" means a communications facility operated on a twenty-four-hour basis which first receives E-911 calls from persons in an E-911 service area and which may, as appropriate, directly dispatch public safety services or extend, transfer, or relay E-911 calls to appropriate public safety agencies. 3 . "Public safety agency " means a functional division of a public agency which provides fire-fighting, police, medical, or other emergency services or a private entity which provides such services on a voluntary basis. 17 C. Prior to imposing such tax, the goveming body of any city, town or county must flnd that an E-911 emergency telephone system as defined in subsection B of this section has been or will be installed in its respective locality and that the telephone company has central office equipment which will permit such system to be established. D. Any such taxes imposed by this section shall be first utilized solely for the initial capital, installation and maintenance costs of the E-911 emergency telephone system. The jurisdiction shall reduce such tax when capital and installation costs have been fully recovered to the level necessary to offset recurring maintenance costs only. E. For the purpose of compensating a telephone utility for accounting for and remitting the tax levied by this section, such telephone utility shall be allowed three percent of the amount of tax due and accounted for in the fonn of a deduction in submitting the retum and paying the amount due by it. F. The goveming bodv of town may exe of the tax @osed by this sectio ides in a nursiniz home or similir adult 18 AMENDMIENT OF VERGMU @ODE SECTION 46.2-755 (LIMITATIONS ON IMPOSITION OF.MOTOR VEHICLE TAXES AND FEES) Virginia Code Section 46.2-755.B. provides that any disabled veteran shall be entitled to one local (county, city or town) vehicle license without payment of the license fee. it is considered desirable to provide a similar benefit to widows of members of the military who died in wartitne service. RECO@NDATION This proposed amendment to Virginia Code Section 46.2-755-B- will exempt unmarried widows of members of the military who die in wartime service, who are entitled under federal law to federal dependency indenuiity compensation, SS 46.2-755. LMIITATIONS ON SITION OF MOTOR VEHICLE LICENSE TAXES AND FEES.- A. No county, city, or town shall iinpose any motor vehicle license tax or fee on any motor vehicle, trailer, or semitrailer when: 1. A similar tax or fee is imposed by the county, city, or town wherein the vehicle is normally garaged, stored, or parked; 2. The vehicle is owned by a nonresident of such locality and is used exclusively for pleasure or personal transportation and not for hire or for the conduct of any business or occupation other than that set forth in subdivision 3 of this subsection; 3 The vehicle is (i) owned by a nonresident and (ii) used for transporting into and within the locality, for sale in person or by his employees, wood, meats, poultry, fruits, flowers, vegetables, milk, butter, cream, or eggs produced or grown by him, and not purchased by him for sale@ 4. The motor vehicle, trailer, or semitrailer is owned by an officer or employee of the Commonwealth who is a nonresident of such county, city, or town and who uses the vehicle in the performance of his duties for the Commonwealth under an agreement for such use; 5. The motor vehicle, trailer, or semitrailer is kept by a dealer or manufacturer for sale or for sales demonstration; 6. The motor vehicle, trailer, or semitrailer is operated by a common carrier of persons or property operating between cities and towns in the Commonwealth and not in intracity transportation or between cities and towns on the one hand and points and places outside cities and towns on the other and not in intracity transportation 19 B. No county, city, or town shall i'npose a license fee for any one motor vehicle owned and used personally by (i) any veteran who holds a c,,ent state motor vehicle registration card establishing that he has received a disabled veteran's exemption from the Departinent and has been issued a disabled veteran's motor vehicle licerise plate as prescribed in SS 46.2-73 States ar-zned forces w s a letter issued by the Veterans Administration certifyiniz entitlement to C. No c-nty, city, or town shall impose any license tax or license fee upon any daily rental passenger car, the rental of which is subject to the tax imposed by SS 58.1-2402 A 4. 20 ADDENDUM PUBLIC SAFETY PACKAGE 21 The Addendum Pubfic Safety Package It is requested the General Assembly amend the Code of Virginia dealing with indecent exposure violations. Cuffently, indecent exposure, regardless of the number of convictions for this violation, is considered a misdemeanor. It is recommended that the third conviction for indecent exposure be considered a felony. The General Assembly is requested to change the Code of Virginia which would make carrying concealed edged or pointed weapons (such as ice picks) a violation of the Code. Currently, Magistrates have refused to issue warrants for arrest for carrying concealed ice picks, etc. The General Assembiy is requested to amend the Code dealing with driving while intoxicated that would allow when serious physical injuries to another are caused, the offender may be charged with a Class 6 felony instead of a misdemeanor that is currently the case. The General Assembly is requested to amend the Code so that carrying a concealed firearm becomes a Class 6 felony upon the first conviction instead of a Class I misdemeanor. Section 19.2-81 of the State Code presently provides that "officers may ... arrest without a warrant for an alleged misdemeanor not committed in their presence involving (i) shoplifting. D3, (ii) carrying a weapon on school property in violation of -418.2-308.1, (iv) destruction of property in violation of 18.2- 137 ... based on probable cause upon reasonable complaint of die person who observed the alleged offense. " Since 19.2-81 requires that the above-referenced misdemeanors be in violation of die State Code, an officer is precluded from charging an offender under a similar local ordinance unless the officer actually observes a person violating the law. Therefore, the General Assembly is requested to amend Section 19.2-81 to enable an officer to make an arrest without warrant for the misdemeanors referenced therein whether the misdemeanor constitutes a violation of State law, "or a similar local ordinance. " It is requested the Code be amended to expand the Zero Tolerance provision of the Omnibus Alcohol Safety Act to include all the DUI boating codes. It is now illegal for an underage person to operate a motor vehicle with a blood alcohol content (BAC) of .02 to .08; however, it is possible for an underage person to operate a water craft or vessel after having consumed alcohol. Thus, it is recommended that Zero Tolerance be expanded to include persons under the age of 21 with a BAC of .02 to .08 who are operating a vessel within the waters of the Commonwealth. Section 29.1-744.1 of the State Code presently provides that "[alny county, city, or town may, by ordinance, regulate the distance personal watercraft in operation shall maintain from the shore, docks, and swimmers, 22 feet. " The General Assembly is requested to amend Section 29.1-744.1 to increase, frO- flfty tO One hundred feet, the distance that localities may require personal watercraft to maintain from the shore, docks, and swimmer@. The General Assembly is requested to amend the Cod, If Virginia, Section 46.2-1217 and Section 46.2-1231 dealing with the towing of motor vehicles. Currently, the City requires any person whose vehicle is towed at police direction shall be entitled to an administrative hearing to determine the legality of the removal. This is based upon a holding of the Fourth Circuit Court of Appeals that police authorized towing without the vehicle owner's consent is a taking of property. It is recommended this section be added to address such required hearing, and this section also include vehicles towed from private property at the property owner's request. The suggested wording is as follows: The owner of a vehicle towed from either public or private property, without the vehicle owner's consent, shall be entitled to a prompt post-tow bearing to detertnine whether there was lawful grounds to remove the vehicle. The governing body of any county, city, or town by ordinance may adopt procedures to notify the vehicle owner or custodian of the right to a hearing to determine if the vehicle was lawfully towed for any reason as set forth by any state, county, city, or town ordinance. Provided, the hearing shall be requested within three (3) weeks from the date that the notice was mailed by the Police Departrnent, or from the date that the owner or custodian of the vehicle was personally notified that his vehicle has been towed. The hearing shall be conducted by a hearing officer appointed by the goveming body or by the chief administrative officer of the country, city, or town. Such hearing officer shall not be a swom police officer or be engaged in a business involving the towing of vehicles. 23 - 15 - te- Ill-(, 2 RESOLUTION ITEM # 3S527 Attorriey R. J. Nutter, 4425 (.orporatioit Latie, I'hoiie., 671-6000, rcl)reseiiied thirteell landowners in ,';aiidbridge aiid requested DEFER L on the tax ft)/ sug,@(,sl(,(i ainclidmelit.Y. 1'. I,,@dward Iiourdoit, Pembrok-c Oiit, fluildiiig, I,ifth 1,1(,or, Ihoii,-. 41)9-8971, @-,,pr(,Seitted the.Sandbridge Oceatifront Properly ()wriers Iss(,c,iatioii, aiid Ypok(, iii SUPPORT of ille 01-(Iillatices. Lou Pace, 1908 liunts Nec,k (oui,t. 468-0925, 1-(-gisici-,,(] ill OPPOSITION. (-'ouncilmait Dcaii read iitt(, ili(- re((,i(i ilie (orrevpoii,icit(,, @o,n li@aub Charles Traub, III, in OPPOSITION. t)'12oii motioli by C(@uiicil I,a(]-l S(,(olt(i(,tl I)Y' VI((' ('it@ ('ouil(:il ADOPTED.- ,@aiidl)ridgt, Ii(,at-h (i@id Viorcliiic Restor(itioii u,i(i A4tilia,@clll(-Ilt. Ordittaiice to AMEND aiid REORDAIN tllc C(,,/(' of flic (:ity ()f Virgillia Beach, Virgiiiia, b'v ADDING a iiew (,'Iiapt(-r 35 1 r(, Saiidbridge Special Seri,ice District. Ordinarice to cstablivli flic Saiidbridge 5pecial Ser),ice Divtrict (SSSD) ,@pecial Revciiut- l,uiiii, trait@%fcrriiig aiid al)pr,,I,i-iutiitg I() the fu@id,, to (lire(f tlt(, (,ity M(iiiager to bu(A@et tli(, a;iil (,.xl)eii@litu)-es of S,5.@1) fuizds. aii,i, t,) cstablish rei,(,iiut,.y )f tli@, i,il I?,,i,,c)lue F,ujid. Orditiaiice to AMEND atid REORDAIN S(-(tioi, .@5 -158 aild -i5 -159 of the Cotte of t/i(, ('ity o] Virgiiiia B(,a(:h, Vii-,4iiiia, re tli,, Traiisielit Lodging Tax a)i(i establishiizg ati additiolial Lodgilig Tax withili the ,';aiidbridg(, .@f)c(:ial @(,rvice Divtrict to pr(,i,i@i@, I)c,ach aiici Ylioreliiie restoratioii ait,i 7iuiiag,,Meiit at Saiidbridgi!. Ordiiiaiice to .4MEND the tr(iiiiaii(-t- tlt(- tax tely oil real estate for I'ak Y(,al- 1995. Volifig., 8-3 Council Members Votilig Ave: Joliii A. Baum, I,iiiwood 0. Bra)lch, III, Willitilri W Ilari-iso;i, Jr., Barbara M. fieitltl@. l,ouis R. J()Iies, Ma @,o;- 11. 01)(,ril,/(,I-f, Vice Ma-vor William 1). .@(,ssoms, Jr. aiid I,(,uisa A4. C(@uiicit Metnbers Vc)tiitg Na.@,. Robei-t K I)e(iii, Joltii 1). Movy atid N(iii(@? K. ('ouiicil Memberv Abse@it. Notie November 1, 1994 1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF 2 THE CITY OF VIRGINIA BEACH, VIRGINIA, BY 3 ADDING THERETO A NEW CHAPTER 35.1, PERTAINING 4 TO THE SANDBRIDGE SPECIAL SERVICE DISTRICT. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That the Code of the City of Vircjinia Beach, Virginia, is 8 hereby amended and reordained by adding thereto a new Chapter 35.1 9 to read as follows: 10 CHAPTER 35.1 11 SANDBRIDGE SPECIAL SERVTPP nTaMUTCT 12 Sect on.35.1-1. Creation of the Sandbridge special Service 13 District. 14 Pursuant to the ntained in Section 15.1-18.3 of 15 the Code of Virg 16 Dist th ..purposes s t forth in subsection 17 (C) (1) of Section 15.1-18.2 of thp rnH. @f 17i- ia. 18 Section 35.1-2. ame of district. 19 The service district @@hall h. V, ial 20 Service District. 21 Section 35.1-3. Boundaries of fh- R..Alridge special Service 22 istrict- 23 The Sandbr 24 described as follows: 25 That nronprtv dbrid e and bounded on he north 26 bv the USN PIP@I- q Cente c; .ainin r Atlantic; 27 the Little Island Park; on the east.by the Atlantic ocean; nd on 28 the w 29 subdivision known as North Area$', and south of 30 Sandbridge Road. nited States of Aineria 31 and t picted o 32 entit ated June 17 33 Department of P 34 3 5 Sec 5.1-4. Facilities and servi ided Within the 36 Sandbridcre Snanini DiStrict. 3 7 The Sandbridap r@vice District is created for the 38 Puripose of nroviclina F, 39 shor e St 40 main 41 shoreline on the Atlanti(- or-P.@ ,it-hi- 42 Towa end within the Sandbridge 4 3 SDecial SL.-rvir-P s.and services necessary or 44 desirable to accomt)lish i7hp -f: he service district, 45 including, without limitatinn- -,]@i@i@+-,ative, engin 46 othe gin 47 hauling facilities and eciiiinmpnt- .@,l 48 faci , from time to time. bp nppa.H i-, lish the 49 DuriDose c)f t-hp ';,,trict. 50 Section 35.1-5. Proposed ole 51 services within the Sandbr dqe- SRecial Service 52 istrict- 53 The Plan is to accumulate dedicated revenue generated for use 54 with ct to fund t e creation 55 and maintenance of a beach hprm h.,,i@, 56 sea level and 57 .ie nourishment 58 the Atlantic Ocean. Implem tion of the 59 plan dry beach area of 60 approximately hundred and twent 61 combi on with t 50) foot beryn wi 62 aDDroximatpiv @@. h@,@,',-d and seventy 63 level and beach area mav 64 65 the A Corp o 66 Director of Public Works. 2 67 Section 35.1-6. Benefits expected to -.. be . r@alized from the 68 Provision of 69 Sandbridge Special Service District. 70 Through the provision of the facilities and se ed 71 in Section 35.1- 72 and and.beach on the Atlantic ocean within the service 73 district. Left unattended, the sand beach 74 of erosion occasioned by the forces of naturp- Thp @nd 75 serv to be pr ted to ben it owners o opertv 76 within.the servi district as well -s rsidets and visitors 77 through ipreservat ement of the 78 maintain public recreation areas and public infrastructure and, 79 thereb , Protect e 80 Sandbridge Special Service istrict. 81 Sect on 35.1-7. Levy of additional taxes r in whole 82 rt, the enses and chaeges for t)roviding 83 tional I services with the 84 85 86 the Code of virginia, within the sandbridge SDecial Service 87 Dist ollection 88 of additional ta 89 in whole- or Part, the expenses for Providing and 90 maintaining facil ices incident to bpach and horeline 91 management and re toration on the Atlanti Ocean within the slrvice 92 district. Such additional taxes annual tax uipon any 93 property in the service district wh 94 taxation. The ad lude a tax on the base 95 transient room rentals, exclud motels, and travel 96 campgrounds, within he service distric 97 not higher than f s in addition to any other 98 tran tax im ed ide. 99 Section 35.1-8. Limitation on Purposes for which additional taxes 100 levied and thin the sandbridqe 101 102 All taxes levied and 103 the Sandbridge Special istrict shall on 3 104 in pe 105 maintaininq f-aci vices incident to beach and shoreline 106 man storation wi LstriCt. No 107 add al tax 108 loolice or apnp@.1 @ll --- I n 109 15. of Vi ia. The proceeds from all such 110 addi al taxes ill fund and shall nable the s me to be 112 exidended within i-h- @--,,4-e.district. 113 Adopted by the Council of the City of Virginia Beach, Virginia 114 on the 1 st day of November 1994. 115 CA-5708 116 Proposed\35-l.Pro 117 R-4 118 10/20/94 4 I AN ORDINANCE ESTABLISHING THE SANDBRIDGE SPECIAL 2 SERVICE DISTRICT (SSSD) SPECLAL REVENUE FUND, TRANSFERRING 3 AND APPROPRIATING CERTAIN REVENUES TO THE FUND, 4 DIRECTING THE CITV MANAGER TO B(JDGET THE RECEIPT 5 AND EXPENDITURES OF SSSD FUNDS, AND ESTABLISHING 6 REVENUES OF THE SSSD SPECIAI, REVENUE FUND 7 WHEREAS, the City Council has approved the Sandbridge Special Service District 8 Program ("Program") for the purpose of beach and shoreline restoration and management at 9 Sandbridge, including revenues, and recognizes that the funding may be modified in future years, I 0 WHEREAS, the City Council desires that the Program be budgeted and financially repofted I I in such manner as to permit the separate display of Prograni financing and status, 1 2 NOW, THEREFORE, HE IT ORDAINED BV THE COUNCIL OF THE CITY OF 13 VTRGINIA BEACH, VIRGINIA, 14 That the following policies are established 1 5 1 That the City Manager will cause to be established a Sandbridge Special Service 1 6 Distiict Special Revenue Fund (the "Special Revenue Fund") to account for revenues 1 7 and expend@itures. including inter-fund transfers related to the Program. All funds 1 8 received that are related to the Special Revenue Fund shall be annually appropriated 1 9 2@ That the revenue sources of the Special Revenue Fund which are effective on 20 January 1, 1 995, and have not been appropriated, such funds received between 2 1 January I and June 30, 1995, are hereby transferred to and appropriated for the 22 purposes of the Special Revenue Fund. 23 3 . That beginning July 1, 1995, the City Manager will cause the Special Revenue fund 24 to be budgeted in the operating budget, and will cause a display of an overall 25 summary of the Program and the current and projected financing and activities of 26 the Special Revenue Fund, as well as project detail sheets, to be included in future 27 capital improvement programs. 28 4, That it is the intent of Council that the Special Revenue Fund be utilized for beach 29 and shoreline restoration and management at Sandbridge It is the further intent of 30 Council that the integrity of the Special Revenue Fund be maintained. 31 BE IT FURTHER ORDAINED 32 The following revenue sources will be used to pay the costs of the SS SD Program: 33 1 An additional real estate tax rate on all real 1)roperties located within the SSSD, to 34 be added to the real estate tax rate assessed on all real properties established for the 35 city in general, efrective January 1, 1995, 36 2 An additional lodging tax on lodging revenues generated from properties within the " 7 SSSD, to be added to the lodging tax rate established for the city in general, effective 39 January 1, 199@, 39 3 The revenue froin two cents of the lodging tax rate established for the city in general 40 that is applied to lodging revenues generated from properties within the SSSD, 4 1 effective Januarv 1, 1 995, 42 4. All revenues net of operating costs generated from the Little Island Fishing Pier, 43 effective January 1, 1995@ 44 S. All revenues net of operating costs generated from the Little Island Parking Lot, 45 effective Januarv 1, 1 995, 46 6 A direct contribution generated from profits at Sandbridge parking lots operated by 47 the Parking Enterprise Fund of $10,000 effective Januar), 1, 1995, and $20,000 48 annually inflated at 3% per year for every yeai thereafter. 49 Adopted the 1st day of November , 1994, by the ( ouncil of the City of Virginia Beach, 50 Virginia. 5 1 This ordinance shall be effective on January 1 1995 APPROVED AS TO CONTI, NT Walter C. Krae@r, Jr Department of Management and Budget I AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2 35-158 and 35-159 OF THE CODE OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE 4 TRANSIENT LODGING TAX AND ESTABLISHING AN 5 ADDITIONAL LODGING TAX WITHIN THE SANDBRIDGE 6 SPECIAL SERVICE DISTRICT FOR THE PURPOSE OF 7 PROVIDING BEACH AND SHORELINE RESTORATION AND 8 MANAGEMENT AT SANDBRIDGE 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 That Sections 35-158 and 35-159 of the Code of the City 12 of Virginia Beach, Virginia, are hereby amended and reordained to 13 read as follows: 14 Sec. 35-158. Definitions. 15 Except where the context clearly indicates a different 16 meaning, the following words and phrases, when used in this article 17 shall, for the purposes of this article, have the meanings ascribed 18 to them in this section: 19 City treasurer. "City treasurer" means the treasurer of 20 the city and any of his duly authorized deputies and agents. 21 Commissioner of revenue. "Commissioner of revenue" means 22 the commissioner of revenue of the city and any of his duly 23 authorized deputies and agents. 24 Hetel. -1 a-ny publie er private hetel, inn, 25 herteir-y, teur-ist heffie er- hease, t eamp, teai-ist eabin, 26 ds, faetel, r-E)--,-- EJ P, 27 the eity effering !edging, fer eempensatien, te any transient--. 28 Lodging. "Lodging" means any room or rooms, lodqing or 29 space furnished to any transient. 30 Lodging place. "Lodging Dlacell means any public or 31 private hotel, inn, hostelry, tourist home or house, tourist camp, 32 tourist cabin, camidinci qrounds, motel, rooming house or other 33 lodaina olace within the city offering lodging, for comnensation, 34 to anv transient. 35 Special tax auditor. "SpeciaL tax auditor" means the 36 special tax auditor of the city and any of his duly authorized 37 deputies and agents. 38 Transient. "Transient" means any person who, for any 39 period of not more than ninety (90) consecutive days, either at his 40 own expense or at the expense of another, obtains lodging in any 41 hetel lodging Place. 42 Sec. 35-159. Levied; amount. 43 (a) There is hereby levied and imposed on each transient 44 a tax equivalent to five and one-half (5.5) percent of the total 45 amount paid for lodging, by or for any such transient, to any hetel 46 lodging place. This tax rate is effective January 1, 1993, and 47 shall remain in effect until May 1, 1997, at which time it shall be 48 reduced by one-half (0.5) percent. 49 (b) The evied and imposed on each transient 50 within the Sandb service District (District) a tax. in 51 addit @ct hereof, eguivalent to 52 e 53 District, by or for anv 54 exclu unds. The additional 55 tax rate is effective January 1, 11 remain in effect 56 until 1996, at which time the additional tax rate shall 57 be four..(4) Percent. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia 60 on the I st day Of November 1994. 61 CA-5717 62 R-3 63 Proposed\35-159.Pro 64 10/20/94 APPROVED AS TO LEGAL SU!7F! -r,@ENC 2 I AN ORDINANCE TO AMEND THE ORDINANCE 2 ESTABLISHING THE TAX LEVY ON REAL ESTATE 3 FOR TAX FISCAL YEAR 1995 4 BE IT ORDAINED BV TIFFE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VEPGTNIA: 5 Seclion 1. AMOUNT OF LEVY ON REAL ESTATE- 6 There shall be levied and collected for flscal year 1995 taxes for general purposes on all real estate, not 7 exempt from taxation and not otherwise provided for in this Ordinance, at th, r,t, of one dollar and fourteen 8 cents ($1.14) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates 9 which have been prescribed in this section shall be applied (,n the basis of one hundred percentum of the fair 10 market value of such real property @xcept for public sen ice real prol)erty which shall be on the basis a. I I provided in Section 58.1-2604 of the Code of Virginia, as amended. 1 2 13 FACILITIES" CLASSIFIED AS REAL ESTATE' 14 tn accordance with Secti,,n ".1-3660 (A) of the (@ode of Virginia (1950), as amended, there shall be 15 levied and collected for general purposes for fiscal year 1995, taxes @)n all real estate certifled by the 16 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from 17 taxation, at the rate of one dollar and fourteen cents ($1.14) on each one hundred dollars ($100) of assessed 18 valuation thereoe The real propertv tax rates imposed in this section shall be applied on the basis of one 19 hundred percentum of fair market value of such real property, 20 Section 3. AMOU 21 ERVICE DISTRICT. 22 23 24 h 25 26 27 28 29 ended. 30 ion,3A. CONST 31 That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any 32 reason deciamd to be unconstitutional or invalid, such decision shall not affect the validity of the remaining 33 portion of this Ordinance. 34 E DATE. 35 This Ordinance shall be in effect from and after the date of its adoption. 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the lil'day of Nov 994. APPROVED t A IITO CONTP@N t wd B.dget - 16 - Item Ill-H. CONSENT AGENDA ITEM # 38528 UPott motiori by Vic, 80coided by Cou Ici d a iii ONE MOTION, iterns I a;id 2,,f th, CONSENT A I ILa YhO"', CitY Council APpRo D GEND,I. VE Votilig.- 11-0 ("Oulicil Membe,, V"tilig Aye- Jol.. A. Ilaum, l,illwood 0. Braiich, Ill, I?obert K. I)ea,,, William W. "a-isoll, Jr., Barbara Al, lieliley, Louis ]?. jollev, Jol.. D. Mo@vs, mayor Meyera -'. obe"idorf Jr., aiid@ Nal,cy K I'arker, Vi(eil, ,, William D. ;e.@.voins, Loui.va i4. @t,,@-ho,, Coulicil Members Voti,,g Nay: Nolle ,(lulicil Members Abscitt.- Noti c November 1, 1994 - 17 - Itenz III-H.I. CONSENT AGENDA ITEM # 38529 Upon motioii by rice Mayo@@ ;es,%o,7,s, sec(,itded by (-'Ouiicil I,(iti-v ,;tra-@lhorii, City (,ouncil ADOPTED: Ordiiiance to ACCEPT aiid APPROPRIA 7E a $112.500 (;ralit from the Iti,vtitute of Museutn @ervices to tlie l@'Y 1994-1995 ()I)ertitiii,@ Budget of flie rirgiiiia Mariiie Scii.,iice Museiiiii r@ ii-f,vi(ii)lg contractual i?zanpower aiici sert,ices; iiiaterials aiid supplie.%; additional techilology; aiicl, estimat(,(l to flic fuiid be cts)ffy(,t a, @ (,r(iiiigly. Votilig. 11-0 Couiicil Members Votiiig A),c. John A. Bau-7i, I.ittwo()d 0. Bi'aiich, III, Rc)I)(,i-t K. I)ea)i, William W, Ilarri.voii, lr., Bai-bara M. Hepiley, Louiy I). W()Ss, Mayor Meyera I,. Ob(,rit@l(@rf, Nalicy K. I'arkel, Vi((' ,;essoms, Jr., and Louisa .14. ';Ir(i-@,horii (@'(@uricil Mcinbery Votitig Na-@,. Notic Council Members Abseiit: Noiie ,Vovember 1, 1994 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 $112,500 GRANT FROM THE INSTITUTE OF KUSEUM SERVICES 3 TO THE FY 1994-95 OPERATING SUDGET OF 4 THE VIRGINIA @INE SCIENCE MUSEUM 5 WHEREAS, the Tnstitute of Museum Services (IMS) provides 6 federal operating support for museums of all disciplines; and 7 WHEREAS, the Virginia Marine Science Museum (VmsM) has 8 applied for an IMS grant to be used by VMSM to increase special 9 exhibits and marketin(I efforts in order to increase overall 10 Museum attendance; an(i 11 WHEREAS, the Institute of Museum Services has accepted the 12 application and approved grant funding Eor the VMSM in the amount 13 of $112,500; and 14 WHEREAS, this qrant requires no ma@ching funds from the 15 city; 16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $112,500 18 from the Institute of Museum Ser-vices be accepted and 19 appropriated to the FY 1994-95 Operatinq Budget of the Virginia 20 Marine Science Museum to provide contra(,tual manpower and 21 services, materials and supplies, and a(lditional technology; and 22 BE IT FURTHER ORDAINED that this appropriation be offset by 23 an increase of $112,500 in estimated re'venue to the Marine 24 Science Museum Fund. 25 This ordinance shall be effective on the date of its 26 adoption. 27 Adopted by the Council of the City of Virginia Beach, 28 virginia, on the First of November 1994. 29 APPROVED AS TO CONTFNT: 3 0 31 Walter C. Jr. 32 DeparLment of Management and Budget Aq TO Itenz III-M.2. CONSENT AGENDA ITEM 3@Y530 UPO;l motioii by Vice, MY(,,, ecoiicied by (,'oull(ii Strayhor", City Council ADOPTED: Orditiatice to APPROPRIATE $9,250 from ilie curre)ll balal,Ce ii the FraticLy Latid House Board of Governors' Truvt Fund re expeiiditures iii support of th(, t?tission, goals aiid activities of tti(, L(in(i Ilouse. Mayor OI)ertidorf adi,ised a (loiiatioii of thrc(! chairs, oj (,)ies ,wll('(l I)y (.aptaill ],and, to the f,ra,icis Land House. Voti,ig: 11-0 (:outicil Members Voti,ig Ay(,.- Joh,i A. Ilaum, Liliwoo(i 0. Bratich, III, I?ol)(,it K. 1)(,aii, Williartt W. IIarri,voii, Jr., Ilarbai-a Af. ficiiley, Louis R. J(,ii,,s, J(,hii 1). M(,ss, Ma)or Mcyera E. OI)c,-Il(io,f, Valicv K. Park(,r, Vic (, Mj @,(,/ [Villiam I). @ess(,ttls, Ji-., atidl,ouiva .44 .@tra-@,horii (-'ouit(@il 44etnbeis V(,tiiiq ,V(il. Noite C(,u,icil Mettibers Absciii: Nolle November 1, 1994 1 AN ORDINANCE TO APPROPRIATE $9,250 FROM CURRENT BALANCE 2 IN THE FRANCIS LAND HOUSE BOARD OF GOVERNORS TRUST FUND 3 FOR EXPENDITURES IN SUPPORT OF THE MISSION, GOALS, AND ACTIVITIES 4 OF THE FRANCIS LAND HOUSE 5 WHEREAS, the Francis Land House Board of Governors advises the Francis Land 6 House staff on mission, goals, and activities, and 7 WHEREAS, the current balance in the Francis Land House Board of Governors 8 Trust Fund is in excess of $9 250, and 9 WHEREAS, the Board of Governors desires to use $9,250 from current balance in 10 the Francis Land House Board of Governors Trust Fund in support of the mission, 11 goals, and activities of the Francis Land House, 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 1 3VIRGINIA BEACH, VIRGINIA, that $9,250 be appropriated from current balance in the 14 Francis Land House Board of Governors Trust Fund, 15 This ordinance shall be effective on the date of its adoption, 1 6 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 7 Of , 1994 18 APPROVED AS TO CONTENT 19 20 Walter C. Kraemer, Jr. 21 Department of Management and Budget - 19 - lem III-K I RECESS TO EXECUTIJIE SESSION ITEM # 38531 Mayor Meyera E. Oberridorf ciitcrtaiiieti a motiori t(@ permit Ci@v, ('ouiicil to Loliduct its EXECUTIUE SESSION, pursuaiii to .5ectio;i 2.1-344, (-'ode of Virgi)ii(i, a,1/2 aineiidctl, ftr tht, ft)llowing purpose: PUBLICLY-HELD RT - Discuvvioit ,r coiivideratioli of the coiidition, acquisitioii, or use of real pr()perty fi,i@ public purpose, or of the dispositioti ()f publicly-held property, or of pla;ls ft)r the future of an institutioii which (oul(I affect the value ()f pr(peri@, (,wtit,d or desirable ft)r owiter,vhip I)y su(h iiistitutioii purvuaiit to S(,cti(,,t 2.1-344(A)(-?). 7'o-Wit: Acquisitio)i (,f 1rol)(-I-@), Vi@@iiiia II(,U,h ll,)@-ou,@h LEGAL MATTERS, (,oiisultatioii with (ou,is@,/ @)@- bi-i(,fi)ig@s I)),,Vlaff mernbers, coiisultaiits, or allo"ieys p,,rlaijiiiig to a(lual (,r 1)robable litigatioii, or otht,r yl)c(,ifi( legal matl,,i-.s i,,qu,,1/21iii,@ the proi,isiolis ()f legal advice b-v cou;is,,l purvualit to @e((ioli 2.1 344(@1)(7). l'o- Wit: Le,@al IYsu(-.s Amj?lzitheater Real ],,state ,Watt,-ry Vii-,@iiiia Bt-ach lioroughILynnhaven lf(,i,(,ugh Lake (,'ast(i;i Upoii motiori kv Vice Mavor Sessottis, 1/2(,coii(le(i by Couii, ii I,a(l@, (,,it.y (,'oulicil voted t() proceed iiito EXECUTIIIE SESSION (3:25 P,M.). Votiilg: 11-0 Cou)icil Members Voting A),e. John A. Baum, I.iliw(@od 0. Ilralich, III, Rob(-ri K. I)eali, William W. Harri,von, Jr., I@arbara M. Iletiley, Louiv I?. Jolic,1/2, Johil 1). Moss, kfayor Meyera E,. Oberll(i(,If, Na;lcy K. I@arker, Vice Wa),,r William D. @essomv, Jr. atid Iouiva M. @tra-vhoni (,@ouricil Members Voliiig Na),: Nolle Council Members Absciii: Noiie November 1, 1994 - 20 - ITEM # 38532 May- Meyera E. Oberlld()rf RECONVENED the FORMAL SESSIoN,,f th, 1,7RGINL4 BEACH CITY COUNCIL it, the Co.ncil Cl,,,@ber, City Iiall Buildiiig, o,i lu,'v(la,v, N(,t,ernber 1, 1994, at 5:55 1.M. (-'ouiicil Members Preseiit: Jolin A. Baum, l.iiiwo()d (). Ilratich, Ill, I?obc,-t K. I)ca,t, William W. lIarri,voii, Jr., Barbai-a M. Ileiiley, Louiv I?. Joll(,.%,.fobil I). Moss, Mayor M(!yera I,,'. OI)t@ritioif aiid Naiicy K I'ark(,r ('Ouiicil Members Abseitt: Fice Wayor Williani 1), ';cssoins, J,-. a,,,i / (,ui@va V ';Irayh(@rti Noi,ember 1, 1994 - 21 - tem III-L I CERTIFic,4TION OF EXECUTIIIE SESSION ITEM # 38533 UPO" motioi by Couliciltna,i ])eat'. secollded bY Coulicilma,i i....... ci y C u cil EXEcuTll,,E SESSION TO BE IN ACCORDANCE -@ I 0 ii CERTIFIED THE W'TH THE MOTION To RECESS. (JIIIY pubhc busi,lc,,,s matte,,, lalvfully -e,,,Ited f,,,,n op,,, M,,Ii., -quir(,,Me,lls 1)), Virgillia lllw were divcuvv,,d i,, l@t,,culive Wl'icli illis cc)-fifi(atioii revolutioll ap[,Ii,,,- to ANJ), OIIIY Suc-h publi, buvilles@V matter., , W,,r(- iit'litifi,,d i,, th,, motion Coitvenilig the la,,(utive,@e@yvioll were hc,ii,l, Ii,,, or (011%i(i(-red by virgiiiia B(,ach (',t@ (,-Oull(,it Volitig: 9-0 (-'('urlc'l memblrs Votilg Ay,,: Joh,, A. Ilaum, L"'wood 0. Braiich, ill, I?obert K. Dcaii, William W Ila-i,vOrl, Jr., Barbar,, 4,f. Ile'lley, Louiy /?. ioll(,S. D. Af(,,Y.V, Myor M,,y ra ,,id Nalicy K I'ar4(,@ C(luilcil Members Voti,,g Ny Noiie C'Oulicil Menber, Ab,,,,t: Vice Mayor Williai7i 1). .1r. alid Loui,,ti M. .@raA,hor;i @Vovetnber 1, 1994 arsio ]U t* iott CERI'IFICA'I-ION OF I,.@XECUTIN@E SESSION VIRGINIA BEAACII CITY ('OUNCIL WHEREAS: The Virgiiii@i Bczicii City ('()uiicil coii%,ciie(i iii(() EXECUTIVE SESSION, pursuant to theiffiriiiativc @,ole rccordc(i iii I'FEM # 38531, I'@tge No. 11), @ilid ill accordance with the provisions of The Virgiiiia Fi-cedoiii of ljilorniatioii Act@ WtIEREAS: Sectioii 2.1-344. of the (@OLIC ()f Virgiiiia requircs a certirication by the go@,criiing body that such Executi%,c Scssi()ii A@as coiiductcd iii cotifomiity with Virginia law. NOW, TIIEREFORE, BE i,r JIES01,VED: Th@it tlie Virgiiiia Be,,Icll City Council hercl)y certifies that, to thc best of eacli iiicriiber's kiiowlcdgc, (a) oiil), pulilic busiiiess mattcrs lawfully exempted from Opeii Mectiiig i-eqtiii-ciiieiits by Virgiiiii law wcre discus.@d iii Executive Session to which this certific@itioji resoltitioii ;tpplies; aiid, (b) oiil@, sucli public business matters as werc identified in the motioii con\?ciiiiig tliis Executi@,e Sessi()ji were heard, discussed or considcred by Virgiiiia Beacii (@it@, (@oulicil. uth Hdgr. ith, CMCIAAE No%,eniber 1, 1994 City Clerk 22 - I-M ADJOURNMENT ITEM # 38534 May- Oberndorf DECLARED the City Couiicil Mectiitg AD.JOURNED t 6:00 P.M. Beverly 0. Ifooks, CMC Chief Deputy City Clerk -@E --- ----- -------------------- .th H ge,, Sit@ il(,Y,(,Ia I Ob(,,@ll,jorf City Clerk Alay(,r City of Virgiiiia Beach Virgiiiia Alovember 1, 1994 t' @i 1-gg i i -I i if I I "WORLD'S LARGEST RESORT CITY" (11 I Y (:OL@N(Al, VAYOR V@.YPRA E OBE@L@@, Al L@,,, Vl(:F @f,A@ OR WI@A.W D SESSOMS, JR Al f(IfIN A @AC!M A@-.,h I,INW(X)II 0 BMN(:fi, Ili, Vi,i@i. ROBER7 K I)EAN @i@.... A,,,, &, I, W W IIAMISON JR IIA"A M IIEN@Y, B-,.,h I 1)@@IS P l@)NE@ JOHN 11 Al N AN(:@ K I'ARKER, Ali 101,FISA @l SPRA@IIORN JAMFS K SR)RF, f F.SLif 1, l,li,LLY I:il, All ... CITY COUNCIL AGENDA Mt)Ni(:[P@kL (ENI R iR@;INIA BPA@:H VIR(;INIA 18114,11 4@lli NOVEMBER 1, 1994 CITY MANAGER'S BRIEFINGS: Council Chamber - 10:30 AM A. JOINT SERVICES - CITY AND SCHOOLS David Grochmal, Director of General Services B. STORM WATER ENTERPRISE FUND Ralph Smith, Director of Public Works II. INFORMAL SESSION Council Chamber - 12:NOON A. CALL TO ORDER - Mayor Meyera E- Oberndorf B. ROLL CALL OF CITY COUNCIL C. CITY COUNCIL CONCERNS D. RECESS TO EXECUTIVE SESSION Ill. FORMAL SESSION Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Ted E. David Baylake United Methodist 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 SESSION-0 October 25, 1994 G. RESOLUTION/ORDINANCES Resolution to adopt the City's 1995 Legislative Package and to request the City's General Assembly Delegation's support in the 1995 General Assembly. 2. Sandbridge Beach and Shoreline Restoration and Management: a. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING a new Chapter 35.1 re Sandbridge Special Service District. b. Ordinance to establish the Sandbridge Special Service District (SSSD) Special Revenue Fund, transferring and appropriating revenues to the fund; to direct the City Manager to budget the receipt and expenditures of SSSD funds; and, to establish revenues of the SSSD Special Revenue Fund. C. Ordinance to AMEND and REORDAIN Section 35-158 and 35-159 of the Code of the City of Virginia Beach, Virginia, re the Transient Lodging Tax and establishing an additional Lodging Tax within the Sandbridge Special Service District to provide beach and shoreline restoration and management at Sandbridge. d. Ordinance to AMEND the ordinance establishing the tax levy on real estate for Tax Fiscal Year 1995. H. 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 ACCEPT and APPROPRIATE a $112,500 Grant from the Institute of Museum Services to the FY 1994-1995 Operating Budget of the Virginia Marine Science Museum re providing contractual manpower and services; materials and supplies; additional technology; and, estimated revenue to the fund be offset accordingly. 2. Ordinance to APPROPRIATE $9,250 from the current balance in the Francis Land House Board of Governors' Trust Fund re expenditures in support of the mission, goals and activities of the Francis Land House 1. UNFINISHED BUSINESS J. NEW BUSINESS K. RECESS TO EXECUTIVE SESSION L. CERTIFICATION OF EXECUTIVE SESSION M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 10/27/94/bap AGENDA\L 1-1 -94.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia ,Vovembei- 1, 1994 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the 117RGINL4 BEACH CITY COUNCIL in tli(, (.(,uiicil Chamber, City IIall ltuilciiiig, on Tuesday, Vovembcr 1, 1994, at 10:30 A.M. Council Members Presefit: John A. Bantu, Linwood 0. Branch, III, Robert K. Dealt, William W. Harri,voii, Jr., Barbara M. fleiiley, Louis R.,Io)i(,s, Iohil I). Moss, Mayor Me,yera E. OI)eriicloif and Naitc), K. I'arkt,r Council Members Absent. Vice Mayor @Villiatti D. S(@ssoms IEN'I'I,,'Rl,'I): 11:20 A.M. IIANK MF@FTIN(,] Louisa M. 11:05A.,kf.) Vice Mayor Sessoms, being a (Corporate Officer of Central Bank, ilisc l(ived there were no matters on the agenda in which he has a "personal i@itei-est", as d(,fiii(,d in tli(, Act, either individually or in his capacity as an officer of Central l@'idelity Bank. 177e Vice Mci))oi- regularly makes this Disclosure as he may or may not know of the Banks interest in an), application that tray come bef(@re City CounciL rice Mayoi- Sesvonts'letter of,@c,[)tcnib(,i- 27, 1994, is hert,l)@ nia(l(- cl l,ai-t of the record C IT Y MANAGER 'S BRIEFIN G JOINT SERI,7(,-ES - CITY AND S('HOOL 10:30 A.,V. ITEM # 38520 ,@usan Walston, Director (if ParL and Recreation, adt,iyed in M(itch the City and Schools,' Collaboration and Support Services Report was forwarded to City (ouiic ii. Ihiy report identifies cooperative efforts during the period of July 1, 1992, to June 30, 1993, and indicates plans ft)i- new joint ventures for TY 1993-1994. 7he report advised 300 plus areas where C'ity I)epuritticitts provitie educational programs for students enrolled in Virginia Beach Iublic Schoolv, and, 15 plus areas of adult training or staff development provided through (,it-i organizations. Regarding the Service Areas from financial to infrastructure, 60 plus areas ]he Depart,7ietits of libraries, I'arky and Recreation and Visitor Development actually provide, use of their Facilities ft)r school programs. On the reverse side, the City Organizations receive services front the School syst(!t?i. Ihere are 10 plus areas where schools have supported Cityprograms, ie, transportation, foodseri,ices and equipi?ieyit sharing. @chools haveprovided 2 areas of adult training opportunities. @chool Facilities hai,(- been utilized by the Departments of Conzntunity Services, Housing and Neighborhood Preseri,atioiz, Parks and Recreation, Police, Social Services and the Voter Registrar, In the fiscal Year 1992-199.3, on(, of tlic, major facilities consolidated was Landscape Maintenance under the Department ()f (;(,iic-ral @(-ri ices also bore the re@vl)onsibilit)) of Records Maita,@c-int,iii ft)r the @chools, (is ii ell (i @ ili(, Mrs. Walvtoit advised the HIGHLIGIITS of Collaboration and Support: Parks and Recreation year-round use of Schools facilities Finance processing of Schools payroll and i,ettilor checks Intracity Mail Police Athletic League School Site Selection and Acquisition Pei?dletoti Child Services Center Consolidation of I,-ideo Services ll'oter Registration and floter Precincts at schools Conzi?iunity Action Resource Eftipoweritietit ((.4RF) At Risk Faintly Initiative Consolidation of Landscape iervices Emergency Shelters Cooperative Purchases PXSPITE Progralit Schools use of Pa@,ilioit Literacy Lab Mainframe Computer Services Collaboration on employee benefits Schools use of Municipal Golf Courses, Tennis ('enter, and Conzi?iuitity Recreation Centers Fire Education Records Maiiagei?ieiit Water Quality Testing Total Quality Management Training Recycling Services joint City C'ouitcillSchool Board Meetings Ei?zergeticy Medical Services statidkvs Teeti Library Club ll'irginia Marine Science Museui?i Teacher Adi,isory Panel Substance Abuse Services for stadttits Microcomputer Training 4-H Programs at Schools Library Survey of Teachers and School Librariativ Museum Teacher li'orkshops Telephone Directories Listings Drug Abuse Resistance Education (DARE) Child Protectiopt Seri,ii-es Training November 1, 1994 - 3 - CITY MANAGER'S BRIEFING .IOINT SER LICES - CITY AN[) S(-'HOOL ITEM # 38520 (C,otitiiiuett) Re Cooperative PurchaNes and Mainframe Computer Services, Mrs. Walvton advised the Finance Department through the Purchasing I)ivivioii oversees the contract ft)r microcomputer systems and receives bids for both the City and School system. late Heatijig and Automated Fuel Contract was consolidated for lower fuel prices. Cost savings were not included in the report. 7'he Information Technology Department provides nzicrocontputer training, telephone and t?zainfranie computer services (payroll, personnel and fit2aticial assistance). David (;. (;rochmal, Director of Central Services, a(ivi.@(,(l (ift(-i trit,ciiiigs, the City Manager and the School Superintendent, fziializ(-,l in Angus( 1994, th(, A't,@, Initiatives for City and Schools, Collaboration and Support 1. Purchasing of large volume or high cost items. 2. Risk Matiagei?teiit Administration 3. Use of fueliitg,fticilities 4. Headylart Program. 5. Technology Repair and Maintenance. 6. Library Collection Development and Technology Networking 7. Loaiiing qf Supplies and Equipment. 8. Joint Mailifig. 7'here is a recommendation ft)r a (otiti7tiUee of City and School Purchasing Agents to develop a confidential list of all possil)l(,.joitit purchases. As a pilot program, the City has reached an agreement with the Schools, Transportation Division. !his division will begin sending by December First approxintately 75 school buses to fuel at the Landstown site. Mr. Grochmal is currently reviewing the Headstart Program to determine methods to improve and (!xpaiid this program. One of the goals of the Itifornwtioti Systems Plan is to develop a wide area network through fiber optic for all City and 5cl7ool Facilities. 'Iht, Infornwtiott Technology ('ottii?iiUee is developing an PFP for prospective providers of the fli.@t ph(isi-, which would compris(, til)l,l-()xini ((,/@ 27 school locations. Coticeriiiii,@ Library Collectioii, o)j(, of th(, latest co@i[)(,i-atii(, (,Jjii,is is tht, "Jump Start Program" involving elementary scliooly. ]It,, ('it)@ hopes to pilot in Ili(, Schools' Libraries an on-line access to periodicals. These are currently aveiilublc- through a ittic,ro-f'iltti process. National and international services provide periodicals thiou,@h on-line coinpult,r procedure. Ili(, (ost would 1)(, the same as the microfilm yvvtem. @l pilot program is being developed encompassing sei,cral s(hools. @lti iiii,eittory is being conducted relative supplies and equipment "@Iiit ii could be loaiieil. I'atti l,iiigit,, Director of Ilublic@ Information, and Boniiy l,iyherfrom the @clie)ol.@ Iii.ff)rtn@ititii Offiti! hai,c ttiscuv.%(-(i ajoiiit nailing at least oticeyear and (in annual citizen suri,ey. ]he Vayor extend(@d apprctiutioii low?-. (,rochtti(il and A4rs. Mi-, (;rochtnal is currently working with the @choolv on recycling foritzv. 17it, Munk side of tlt(, foi-iti iN utilized 1)1, th(, (;rade @tud(@rits to practice their writing. November 1, 1994 - 4 - CITY MANAGER'S BRII@'FING STORM WATER ENTERPRI,5k' FUND ITEM # 38521 11:12 A.M. I?alph @mith, Director of @blic Works, advised in March J09,@, the department was tasked with implementirig the newly establivhed 5tortyi Water Utility Enterprise Fund. Mark Johnson, Project Manager f(ir I,,tigipieeritig and permitting - (.'ity's @formwater @ystem, advised his portion of the presentation would focus on Management and litiprovenzent of the City Municipal Separate Storm Sewer Systenz (MS4'S). 7he City.v Yvst(,m consists of local systems made up of streets, itilets, pipes and ditches, which discharge storinwater to Ili(, primary kvstetiz, comprised of tunnels, canals and structures. Ihe southern portion (?f the City is pri.7i(iril '@, st-i-i (,@/ 1)), all open channel or ditch system, whereas the northern developed portion of file Is I)i@ all underground pipe system (approximately 88 square miles). The, Storm Water Management 'itudy col7ipl(,((,d in 1987 divided the City into 31 )Vatersheds, which discharged storm water to mujor m,ater.N. Them receiving waters consist of Broad Bay, Lynithaveii River, Eastern Branch Eli,,,abeth River, North Landing River, Back Bay, Little Creek Reservoir, Stumpy Lake, Atlantic Ocean, and NorfoIA- Lakes. III(, City is also required to manage storm water I)y l,ed(@r(ii ati@l State regulation,%. FEDER,IL Water Qualit), Ali (198@7) ,Vatioiial l'ollutaitt I)isthai,@(, l@littiiiiatioit @@lst(,tri (NI'I)ES) S TAf L' l@l-osioii a)td Sedilii(,iii (control l,a@) Chesapeake Bay li,escrvatioii /let Virginia @torm Water Ma)iagetneitt /let LOCAL Storm Water Maiiagt,,ttl(,iii Ot-tii@teiiict, (,'Iicsapeake flay .@outherit Watershetiy Oi-(Iiii(iii(t, l@,rosioit and Sedim(,iiiatioit Coal, 1,7(@f)d I'laiii Rcgulatio;i.% Zoning Ordi)iaiict, .@it(@ I'laii Ordiiiaiic(, .Subdivision Regulations .@t(@rm @ew(,r Silst(,t?i I)ischa@ @t- Orcliiiuii((, the NPDES Perr?zit Regulations b(isicall), reqi4irt, tht- ('it@, to (I(,i @,lor) ci (comprehensive Storm Water Ma?iagenzeitt Progratyi to rcducf@ th@, discharge of pollutants 1)@ storm water rutioff to the waters of the Uiiited.@tates to the maximum txt(,iii pra(-Iicablc frotti conittit-i-(ii @iii(i r(,.@ieteiitial areas, illicit discharge and improper disposal, iii(luvtrial fac iliti(@s and (@)iistrut note Ili(, i-(,,@ulafioiis also require the City to develop a stort?i water nioiitoritig program to t'lieir(if i(li @Z(l Gillette K,(Ilc,l- lull (Iff. NPDES PERMIT ST4TU'.'; Submitted permit application to V'irgittia Department Of Etivirot7t?ieiital Quali@v (DEQ) in Noi,eitiber 1992. Received [)raft permit front DEQ in .Itd,@tist 1994 Draft permit Currently under Ret,iem, ,Vovember 1, 1994 5 CITY MAN,4GER 'S BRIE FIN G STORM WATER ENTERPRISL' FUND ITEM # 38521 (Contained) The FY 1994-95 Storiii Water Capital Iniproi,eitzeyit Prograt?i @ ofi.%ists (@f 21 Projects at a total cost of $32,603,563. Mr. Johnvott cited projects in th(, Storipi Water Capital Iltiprow,ciiieitt Prograill: ONGOING PROJECI'.5 2-020 Various Drainage lml)rot,(,nit,iiis (12 Ictiv(,) 2-183 .@torm Watei- Qualill@ l@lithait@ (,Iti(,iits (4 At fit,(,) 2-113 @t@)rm Water @),steni 1'eirtiii PROJECTS IN YE.4RS 2-6 2-145 rt-ii(@ Av(-nuc - Baltic (Itirtial) 2-022 (,)(:caiia (;urtle@is ],,list Currently, there are 16 active projectv, and 8 projects under construction. ]he Stunipy Lake Drainage Project is not depicted, but was coinplcte(i last year. 7li(, current stort?z water backlog consists (if 13 projects comprising $34-MILLION. 7li(,sc projects will I)t, (It(, at lit,(, program based on priority and funding availability. Art Shaw, Operations W(irks, a(l(ir(,.%s(,(i (li(- of Maintenance and Operation. Maintain Roadside Ditches Maintain Lead Ditcht.,sl('aitals Flood RespoitselClear Debris Bank Stabilization at Structures Repair Cave-lits at Storin Water Strut!ttires Install Storni Water Pipe Inst,alIlRepair Storiii Basins and Drywells Clean -Out of Iitortiz Basins and Pipe Maintain RetetitionIDeteittioit Poiidv Maint4ain Dat?tslSpillways Clean-Out of OillWater Separatorv Itispect BMP Facilities Maintain 'itoriii Water Putyip Stations FY 92-93 FY 93-94 FY 94-95 Funding Approved S2,725,99,@ $3,74,@,460 @3,823,756 Funding Requested $3,512,84,@ S4,.il4@O-@8 $5.014,329 Positions Approved t)o .53 51 Positions Requested 00 58 (FTE) I Storni Water deficiencies and rt-quests ft)r scrl,,i(:es fr(@tti (ifL(,ii.s ii,, oiistafitlv increasing. Fifty percent of the drainage facilities or(, (ii (,r tm,eiity-yearv old. Novctnber 1, 1994 C17'Y MA NAGE R 'S BR I E FIN G STORM WATER ENTERPRISI@.' FTND ITEM# 3852I ((.oiitijiucti) Facility Quantity Estimated Vidue MaintlInvIInspICosts (2.5% of Value) Catch Basins 28,380 11, 352. Oe)o 283,800 Lakes & Ponds (14-? li I ) 17 ('i@ (100,228,-'O(I) (2,7.30,700)324,630 12.984, @00 Pipes 1,00e) ml, e@vi. 501,6t)O, 000 12,540,000 Culverts 57 mi. 18,289@50o 457,238 Road Ditches 600 mi, 79,200, 00@) 1,980,000 Off-Road Ditches 188 rtii. -19,71-9, @100 744,480 BMP's (943 I'vt) 423 (,'it'l, (7,0 72,.5@)O) ,', ],-2,500 (17,681) 79,313 OillWater Separators 40 640, Ot)O -@2,400 (actual) DamlSpillways 5,667,700 141,693 TOTAL 16,573,554 Mr. Shaw displayed the slid(, d(,I)icti@ig flie Work- Order Tretidv. l,'iy(al Year 1994-95 is projected to be approximately 4,900, m)liich depicts i co@iti;iuous iiicr(,ast, iii tlic, (iiizt,iis'r(,quests ft)r service. 7he white bars represe;it the (-'ity',y abilit@, to P(,(i(i (Cot?zpleted work ordt,,r.N) h v,e been made t-ach @,ear. RI,-SPONSE -- LE IIEL OP' SJF'R I I('E Major Tasks Current Deitwiidlpreferred Maintain Roadside Ditches 26 mo. average 18 mo, average Repair Cave-ins 120 days avg. revpo;ise lini(, 60 days avg. response time Clean -Out Basins &pipe 45 days average rc.@poiist, tiiti(, iO flays average response time Maintain RetentiotilDeteiitioit Ponds Clean-out OillWater Volithl@ Separators ('iirretit AcconiplishnietitA Effective use of (urretit Funding Created Automated Work Order Procesvitig Systei7i Iiistallitig liti,etitory maintenance I?Iaiiagetrii,iii s-vsti!iyi Broadened Maintenance Inspection Progrciiii Created Ctistoi?ier Service Orgaiii,7alioti Optinzi,,ed use of Contracts and (,otitra(i Itibot Adopt-A-"Iaterwa.v Program November 1, 1994 C17'Y MA N,4 GE R 'S BR IEF ING S7'ORM WATER ENTERPRISE FUND ITEM # 38521 ((,otititiiied) Mr. Shaw cited the Contract Iali4e as a 1erc@eritage of Storiti Water Maintenance Budget. I,T 1992-1993 15.22% of Budget f,'Y 1993-1994 41.52% of Budget PY 1994-1095 44,2 '7(, of Bu4@(,t Charts depicted Customer Det?wiid versus (.apability and Forecasted Resource Requirements which reflected Customer Demaii(l, Backl(@,@ Maiiage?rient, Otht,r (and ('umulativ(,. Phil I)aveiiport, Admiiiistrator t,s (,o-(,r(iiiiator, (iivt (li(, Customer Service and Financing Aspect of the @form Water Utilit@ BILLING HI.57'ORY December 1992 Council Approved Fees March 1993 Public Works Assigned Billing Responsibility May 1993 Advanced Notification to Citizens June 1993 First Bills Seat BILLING ICCOMPLISHMI@.,N']'.Ii Increased Nutnber of Improved (collection Rat(, I?educed,4ddres,y 1r(@bit,nis (computer Link to ']'cix Reduced 1el(@phoyit, ('ails STORM WATER UTILIT)' f,'L',N'l) Fiscal Year 1993 - 1994 Budget Unit Budget Amount 7otal Obligations Unencumbered Balance Program 470,113 424,444 45,669 Management Customer Service 217,121 202, -iSS 14, 733 Operations & 3,77,5.8-@- 3,77@5,057 7,@O Maintenance BMP Inspections 70,595 80,450 (855) Capital Projects 1,700,000 1,700,000 0 6,242,666 6,182,339 60,327 Other Costs 1,358,21-) 959.-14,@ 39,@, 964 TOTALS 7,600,878 7,141,587 4@59,291 November 1, 1994 8 CITY MAN,4GER'S BRIEFING STORM WATER ENTERPRIS1-,' FUND ITEM # 38521 ((,otitititied) STORM WATER UTILITY FUND RET@ENUE SCHEDULE Fiscal Years 1994 & 1995 Fiscal Year 1993-94: Budget Actual Unbudgeted Revenue Revenue Category Storm Water Fees .5,300,878 5,791.1-19 490,251 Interest 0 84,241- 84,247 T 2,,300,000 2,, 98,124 98,124 Reimbursement TOTAL 7,600,878 8,273,500 672,622 Fiscal Year 1994-95: Biitlget Projet:ted Utibtidgeted Revenue Revenue Category Stortyi Water Fees 5,3-?5, 01 6,000,000 644,989 Interest 0 @4,24 - 84,247 IDOT 2,3t)O. 000 2,,300,000 0 Reimbursement TOTAL 7,655,011 729,236 PROJECTED NET BUDGETARY BA NCE AS OF JU,'Vl,, 10, 1995 Projected Balance FY 1993-94 Budgetary Balance 459,201 FY 1993-94 Unbudgeted Revenue 072,622 FY 1994-95 Projected Utibudgeted Rei,etiue 1'29.2-@6 Projected Net Budgetary Balance 1,861,149 Mr. Davenport outlined th(, FY 1994-9,5 thrij FY 1999-00 1'rojected Revenues and the Proposed Budgetary needs. Ralph Smith, Director of lublic IV(,@ks, advised information li(i@ ft)rwarde4i relative Storm Water Quality Prograi?zs. 77ie City has (,Iinii)i(ited 82 illicit discharges Iul@ 1, 1993, July 1988, 1300 BMP'S have been established. a@-(, 13 r?zajor CIP Projects @-3,4-MIILION, not funded in the current 6-year Prograi?i. Ij t)i(, ai)(@ragc, funding 1)c,i 1 ('a) @,/ iii(, 6-);(,ar program is examined, this will necessitate 18 years be),oii(I the current prograitt b(,.foi-t, l@i-oj(,cis are currently funded. A $].]- MILLION gap was discussed in tht, (:al)acity versus d(,ttiaiiti aii,l a $5.1-MILLION funding proposed over a three-year perio(i as lai-t of the Budget to arrive at a 60-day backlog. Implemeiiiatioi7 of the utilit), I,(,(, aii4i fuiids received @ (-i (Iffe(lively, by the members of City @taff presciiii?tg this itifortii(itioii to ("ity (concerns were axpresved re rural areas, i.e. I'Ullg(, Slioul(i fi(it /)C seat for imperviouv services when the owners 1?i-oi,i(l(- th( (haiiiag(,. (:it-v Council requesteti tiny it(,i)i for further Iii, (iii(i (tis(usvioil by City Coun(,iL November 1, 1994 9 ITEM # 38522 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the l@IRGINL4 BEACH CITY COUNCIL in the Council (,hatnb(@r ("it-)) liall Building, on Novt-itil)(,r 1, J994, at 12.15 I@M. Council Members 1resent: John A. liaum, l,iiik@ood 0. Ilraiicli, 111, K. I)eaii, William W. Harri,@oii, Jr., Barbara M. Henley, Louiv R. Jones I,)hii 1). Moss, Wtiy!()r Mc,yera P,'. Ob(-i-)i(iorf, )Vaii(v K I)arAcl-, Vic.("Wii @ o' @@"illic4til 1). @l;(,Sso"is, Jr. and Louiva Al. @tieivhoi-ii Council Members Al),veiit None ,Vovember 1, 1994 - 10 - ITEM # 38523 Mayor Meyera E. Oberndorf entertained a motion to permit to conduct its EXECUT@ SESSION, pursuant to @ectioit 2.1---344, (,ode of Virginia, us (it n(-itd(,d, ft)r tl7t, following purpose. PUBLICLY-HELD PROPERTY.- Discussioii ,i (-oitsideratioit of the condition, acquisiti(iii, or use of real pi-ope@ I 'i J(,t- public purpose, (,r of the divpovitioii (If publicly-held property, or oj I)Iuiiy ft)r the fuiur(, of an institution which could affect the value of prol)(,i-t@ ova,iied or desirable, for owrier.vhip /@v @u(-h institution purvua;if to,@(,(Iioit 2,1-344(A)(3). l'o-Wit: @l(qt4iyitio@i of 1ropei-ty - Virginia lit,ach llf)),ough - Ilavvi(it, I;oi-(,uqh - lypiiihai,,(,ii l@,,@ou,@h LEGAL MATTERS: (consultation with le,@ai ct)uii.N(,l oi- briefiii,@.y by, staff members, consultants, or attorneys P(.)-teit .)II.it,@ I(' (actual or probable litigation, or other @pecific legal 7ialt(Ir.@ i(,(Iut,sli)ig /it(, I)r(il'i.Yiorls (@f legal advice b-% couii.@(@l pui-.Yuaiit to S(,(Ii@)ji 2 1 @44(,I)(7) 7'o-Wit: Legal - Amphitheater - Real restate Virginia Beach BoroughlIynnhaven - Lake (;astoii - ljool (corrosion Upon motion by ViceMayoi- Seys(itn.@, secoii(icil by (,(@uit(il @it(4@tlioiii, ('i@ (outi(il votedtoproceed i)ito EXECUTIII'E SESSION, Voting: 11-0 Council Members Voting A@,(,. John A. Baum, Linwood 0. Branch, 111, Robert K. I)ea)i, Williairi W. Ilarri.vt)ii, Jr., lia@-bui-a M. Henley, Louis R. Ioiies, John I). Voss, May(@r Me -Vera I,. Obe"icloif Naiicy K Ilarkt,r, Vic(, Mu @ (,r @Villiam I). @essoms, Jr. and Louisa M. @ti-ayhorit (council Members Voting Na.@'. None Council Members Absent: None November 1, 1994 FORMAL SESIO\ L,'IRGINIA BEACH (17'Y ('O[,'N('IL November 1, 1994 2:00 P.M. Mayor Meyera F. Oberndorf called to order the FORMAL SESSION ()j the llIRGINL4 BEACH CITY COUNCIL in the (council Chattibcr ('it), IIall Building, (,ii 7u(,v(i@i\, V(ii (,tnbt,r 1, 1994, at 2:00 PM. (council Members Iresent: John A. liaum, Linwood 0. Branch, III, Robert K. I)eaii, William W. Ilarri.yon, Jr., liarbara M. Ileitley, Louis I?. Jones, I()Iili I). Mosv, Mayor Meyera E. Oberndorf, Nancy K Parker, Vi(@e Mai,oi- William 1). @esvomv, Jr. and Louiva M. Stravhorii (council Members Absent: Noit(, INI-'OCATION Reverend led E. I)avid Baylakt, LTiiif(,d Me(ho(list (church PLEDG 7'0 TIIE L@,4 OF THE UNII-I,,I) STATES OFAMERICA ,Vc)vember 1, 1994 12 Ltem III@L CERTIFICATION OF EXECUTITE SESSION ITEM # 38524 Upon motion by Vice Mayor ';(,ssoms. sccopided by Council La(l@,.';Irayhorri, ('ity Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE W]7'H THE MOTION TO RECESS. Only public business matters lawfull@ fio,7i OI)t@ii Meeting requi .rements 1)), Vit-,@iiiia law were discus.%e@l iii IIxccuti@,e ';t,s.%ioit to whicl? tiny t-(@rtifi(atioFi @-csoluti(iii al)pli(,.@@ ANI), Only such public business matterv a.% were i@i(,iilified in th(, motion converting the Executivc, Session wcrf, h(,ar(l, or (.o)lsid('r('(i by Virginia Bea(h ('il@ ("(Iulicil. Voting: 11-0 (.'ouiicil Members Voting Al@lt- John A. Baulii, l,iiiw(@(id 0. Brai7cli, 111, I?ol)crt K. I)eait, William W. flarri,voii, Jr., lfarbara M. Ileitley, Louis R. Iol7ii D. Mosv, Mayor Meyera I,. Oberndorf, Naiicy K Parker, Vic-(- Ma,@ or William I), @@cs@yoms, Jr. and Louiva V. Stiavhoi-@i Council Members Voting Nu-y: None (council Members Absc)it: None ,Vovember 1, 1994 jet] CEIt'I'IFI('A,riON OF ll--Xi@'CUTIN!F: SESSION VIRGINIA BEI,kUfl ('I-I-Y C-OL@N('11, WHEREAS: I'lic Virgiiii@i Bc;.icii City Council COII%CIICLI into EXECUTIN'ESESSION, pursuant to the affirniitive vote rccoi-ilc@l in ITEM # 38523. 1);iL"c No. 10,:tiid in accord;incea,ith the provisions of Ilic N'irgiiiia Freedom of'ini't;i,ntatioii Act, ziiill, WHEREAS: Section 2.1-344. of the ('olle of Viigiiii@i requires a certification by the governing body that such Executi%,c Session wts conducted in coiiforriiity with Virginia law. NOW, THEREFORE, IIE I-[' 1'.ESOLN'ED: -Fli@Lt the Virginia Bc@ich City Council hereby certifies that, to the I)cst of cztcfi niciiil)ci's knowledge, (zi) ojil@, public business matters IziNA,fully exeniptedfroni Open Meciiiigieqtiijciiiciits b\l Virginia [:IW K\'CIC discussed in Executi%,e Session to which this ccrtifi@i(ioii icSoilltiOll @ippliCS@ @II]LI, (111) o]]IN @ucii public business matters ;is were identified in the motion tlii.@, ExCCLI[i%C SCSsioii @@,cre heard, discussed or considered by Virginia Bezicil ('it\, Council R'uth Hodges Smith, CMC/AAE City Clerk No\,cnil)cr 1, 1994 13 - Ltem-iii @l MINUTES ITEM # 38525 Upon motion by Vice Mayor @essottis, seconded by Council Lu(l)@ Iai-ker, (,'itv Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONV of Not,eitiber 1, 1994, AS CORRECTED: Typographical error, Page 23, ITEM # 38504 Ordinance authorizing License Refunds in th(, a,7iouiii of @,013.92 $64,973.50 upon al)l)iic@atioit of certain I)e)-soiis (i)i4l upon Certification of the Commis,@ioii(,r of tli(, Reveiiuc. Votill,g: 11-0 Council Membery Voting 21i@c. Joh@i A. l@aum, l,iitw(iod 0. I@raiich, III. I?ol)ci-I K. I)caii, William W. Harrison, Jr., liarl)ara M. Henley, l,ouiv R. Joti(,.%, Jolill 1). Moss, Vayor Meyera P. Oberndorf, Naiicy K Ilarker, Vice M(o or Willititii 1). ,;e,.YNoms, Jr. and Louivci Al. .@ti-avhoi-ii C(iuiicil Members V(@iiiig N(i),, Noii(,, (-'ouiicil Members Absent: None ,Vovember 1, 1994 14 Ltetn III@L RESOLUTION ITEM # 38526 Lou I'ace, 1908 Hunts Neck Court, I'hoiie: 468-0925, YpoA-(, in OPPOSITION Upon motion by Vice Mayor @ess(inis, second(-(] by ('ouii(ilttiait Moss, (:it.), Council ADOPTED, AS AMENDED*: Resolution to adopt tht, (,ity,v 1995 Legislativc, lockage and to request the City,v (;e@i(,i,al Isscmbl), I)clegatioii'.y sul)l@,,it iii tlic- /99.5 (;encral As.vembl3,. *(Route 44 Toll Issue Ret?zot,ed front the legislative Pack-age) City Council uiiderstaiitiv th(,st, tolls or(, to b(, ,I Resolution vhall be ,@CIIEI)ULEI) ft)r the City Council @c,ssioii to the (;eii(,ral i(i th(, continued funding of Route 44, following the rem(@val of tolls. Sound attenuation hot rii,r.%, the Witchduck and Roseniont Road Interchanges need to be ad(irc.@s(-@L Votill,g: 10-1 Council Members Voting @@ c, John A. Bantu, l,iiiw(@od 0. Branch, 111, Williatti W. Ilarris()Il, Jr.*, Barbara M. l,ouiv R. Joiiev, John I). Alo.@s**. A4ayor Meyera E. Oberndorf, iVa@ic)@ K I'arker, Vice Mayor @Villiuitt 1). @essoms, Jr.* and Louisa M. Strai,hotii Council Members Voting N(i@). Robert K. Deu)i Council Members Absent: None *Vice Mayor 5essoms and liai-i-ivoti vott@d a l@FRB,-IL ,V.A Y on th(, ivsu(, re Constitutional amendment to allow an elected school board with taxiitg power. **(,'ouiicilinan Movv ioted a L@FRBAL IVAY on the iysti(, i-(, lost l@bor Da-v School Opening. November 1, 1994 1 A RESOLUTION ADOPTING THE CITY'S 1995 2 LEGISLATIVE PACKAGE AND REQUESTING MEMBERS OF 3 THE CITY'S LOCAL DELEGATION TO THE GENERAL 4 ASSEMBLY TO SPONSOR AND/OR SUPPORT LEGISLATION 5 THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES 6 SET FORTH THEREIN 7 WHEREAS, City Council traditionally adopts a package of 8 legislative goals and objectives of the City and requests members 9 of the City's local delegation to the General Assembly to sponsor 10 and/or support legislation to carry out these goals and objectives; 11 and 12 WHEREAS, City Council has considered a number of goals 13 and objectives for inclusion in the City's 1995 Legislative 14 Package. 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That City Council hereby adopts the City's 1995 18 Legislative Package, which is attached hereto as Exhibit A and is 19 hereby incorporated by reference. 20 BE IT FURTHER RESOLVED: 21 That the members of the City's local delegation to the 22 General Assembly are hereby requested to sponsor and/or support 23 legislation in the 1995 Session of the General Assembly that would 24 carry out the goals and objectives of the City as set forth in its 25 Legislative Package. 26 BE IT FURTHER RESOLVED: 27 That the City Clerk is hereby directed to transmit a copy 28 of this Resolution to each member of the city's local delegation to 29 the General Assembly. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the day Of November 1994. 32 CA-5758 33 ORDIN\NONCODE\LEGPACK.RES 34 R-1 35 PREPARED: 10/25/94 .... . . .. :11 @ , z @: :; z: 1"5 LEGISLATIW PACKAGE FUNDING ISSUES IN PRIORITY ORDER 1 Request $5 million to fund the construction of the expansion of the Marine Science Museum 2. Request $458,950, which is 50% of the cost, to relocate the Pendleton Child Service Center. 3. Request $5 million for partial funding of the Hurricane Protection Program. 4. Request for the State to pay the City's share of the cost of establishing the new family court system, if the system is established. The total local cost is estimated at $800,000. STATEW]IDE FUNDING POLICY ISSUES I . Request for full funding of education and full funding of any mandated teacher salary increases. 2. Request for full funding for State Aid to Libraries. 3. The Commonwealth is requested to include funding for Constitutional Officers' fringe benefits which was deleted for fiscal year 1996 during the adoption of the current biennium budget. OTHER ISSUES 1. Post Labor Day School Opening 2. Constitutional amendment to allow elected school board with taxing power. 3. Recordation of Plats for Public Purpose Uses 4. Liquidation of Assets of Dissolved Corporations 5. Virginia Indoor Clean Air Act 6. Relief from E-911 Tax 7. Auto Decals for Survivors of Disabled Veterans ADDENDLTM PUBLIC SAFETY PACKAGE 2 LOCAL FUNDING ISSUES IN PRIORITY ORDER 3 VIRGMU MARINE SCEENCE MUSELTM The Virginia Marine Science Museum is the most heavily visited museum in Virginia. The City is embarking on a $35 million expansion of the facility, which will greatly increase the facility's appeal as a tourist attraction and as an educational facility. Of the over two and one- half million overnight visitors, who come to Virginia Beach each year, a large majority of them visit the Virginia Marine Science Museum. It is expected that the expansion of the Virginia Marine Science Museum will generate several hundred thousand additional visitor days. This will increase the amount of direct tax revenue to the Commonwealth over the approximately $20 million that is now generated from tourism in the City. RECO NDATION The General Assembly is requested to appropriate $5 million to partially fund the expansion of the Virginia Marine Science Museum. The General Assembly in the past has been extremely generous in support to the facility and this will continue the partnership that exists between the City and the Commonwealth on this facility 4 PENDLETON CHILD SERVICE CENTER RELOCATION The Pendleton Child Service Center has been located on the Camp Pendleton State Military Reservation (SMR) since its conception in the mid-1970's. The City is being required to relocate the Child Service Center off of the SMR. Total cost to relocate the project is estimated at $1.4 million. RECO NDATION The General Assembly is requested to provide $458,950 as the State's share of relocating the Child Service Center. The Child Service Center is a Certified Group Home, and is eligible under the code for the State to provide 50% of the capital costs. The additional costs will be home by the Cities of Virginia Beach and Chesapeake. 5 VIRGMU BEACH HURRICANE PROTECTION AND EROSION CONTROL PROJECT The City has been working with the Corps of Engineers for a number of years to receive Congressional authorization and funding for a Hurricane Protection and Erosion Control Project at the oceanfront. This would be an expanded beach and dune system from Rudee Inlet to 89th Street, include a new bulkhead between Rudee Inlet and 58th Street, and a new boardwalk between Rudee Inlet and 40th Street. The project would also include relocation of the existing interior drainage system; with the stonnwater disposed of through submarine pipelines. The City will expend approximately $70 million on the resort streetscape improvements; and the Hurricane Protection Project is needed to protect those investments. Also, the new beach, which will be higher and three times as wide as the existing beach, will increase Virginia Beach's preeminence as a vacation beach on the Atlantic seaboard. This will allow the City to better market itself, and also, will produce extended stays, which will generate additional direct tax revenue to the City and to the Conunonwealth. RECOMMENDATION The General Assembly is requested to appropriate $5 million in funding over the biennium for the Virginia Beach Hurricane Protection and Erosion Control Project. This project is now currently estimated to cost approximately $88 million with the City's share at 35 % of this figure. State assistance is justified to assist the City in protecting the investments already in place on the oceanfront, and to increase tourism in Virginia. 6 FAMI]LY COURT SYSTEM The State may initiate a new family court system. This will require the addition of new court and office space where these services will be provided. The City has just completed the construction of the $32 million court complex and it is appropriate that the State pay for capital costs of this new mandated family court system. RECOMMENDATION The General Assembly is requested to pay the local capital cost of $800,000 necessary to provide the appropriate space for the new family court if it is established. This would include court rooms and office space, etc. The cases are currently handled within the existing court rooms and office space. However, by creating the court system, the State is establishing a new tier in the justice system, and it should not be the City's responsibility to provide office and court space for this mandate. 7 STATEWIDE FUNDING ISSUES 8 EDUCATIONAL FUNDING Although the General Assembly provides funding for its share of the Standards of Quality (SOQ), all jurisdictions throughout Hampton Roads contribute a much larger amount than is required by law on a per pupil basis. Furthermore, many localities, especially Virginia Beach, are required to provide capital facilities without anv assistance whatsoever from the Commonwealth. RECO@NDATION The General Assembly should fully fund the Standards of Quality (SOQ) without any unfunded mandates for teachers' salaries, nurses, or other requirements. Furthermore, the State should begin a program of funding the costs of capital facilities necessary for educating the children of the Commonwealth. Finally, the General Assembly is requested to examine increasing the Standards of Quality (SOQ) to reflect actual expenditures by Virginia localities. Many Virginia localities greatly overspend the mandated SOQ amount in order to provide a quality educational K-12 system. The Commonwealth should acknowledge the need to raise the SOQ along with state- funding. 9 STATE AED TO LIBRAREES The Connnonwealth provides direct grants to localities based on a per capita basis under the category of State Aid to Libraries. This money is used for the provision of higher quality library services than would otherwise be allowed through only local revenue measures. The Commonwealth in the past has proposed cutting State Aid to Libraries and the City is extremely concerned this may be proposed during the 1994/1996 biennium. RECO NDATION The General Assembly is requested to maintain a full funding for State Aid to Libraries. This will allow the City to continue to provide books and other reading materials through the use of this fund in the ever growing Virginia Beach library system. 10 OTHER ISSUES 11 POST LABOR I NING The Code of Virginia currently requires Virginia school systems to open after Labor Day. Variances can be given by the Secretary of Education to allow school systems who are affected by severe weather or for other reasons. The post Labor Day school opening requirement has increased tourism within the Commonwealth and increased employment opportunity for students who work in the Commonwealth's many tourist attractions. A change in the post Labor Day school law would be detrimental to tourism on a statewide basis and would be especially harmful to the City of Virginia Beach. RECOMMENDATION The General Assembly is requested to retain the requirement that schools not open until after Labor Day. The Code does allow for variances to be given to school systems who have severe weather in the winter, wherein the post Labor Day school opening would require the school calendar to extend further into the month of June than would otherwise be needed. This request is made because of the importance of tourism to the economy of not only Virginia Beach but the entire Commonwealth. 12 CONISTMJTIO TED SCHOOL BOARD WITH TAXING POWER Virginia Beach and a number of other jurisdictions across the Commonwealth will soon be electing school boards. However, based on the experience in other states, elected school boards that are not responsible for the financing of the decisions they make are not ftlily responsive to the public. Fiscally autonomous elected boards with the power and responsibility to raise the revenue needed for programs that they propose are seen as a much more viable and responsible way for the public to be represented. RECO NDATION The General Assembly is requested to begin the process to amend the Constitution of Virginia. The Constitution requires two succeeding sessions of the General Assembly must adopt a resolution on a constitutional amendment before the issue is then put before the voters at the November election following the second approval of the resolution. The constitutional amendment will not spell out, in detail, the exact limitations of the taxing power as this is done in the enabling legislation usually passed after the constitutional amendment has been approved by the voters. A constitutional amendment such as Senator C.A. Holland's Joint Resolution 17 of the 1993 Session is a very workable starting point. Senator Holland's resolution would require independent school debt to have the same limitations applicable to county/municipal debt, would provide by general law how the debt liinitation should be allocated between the debt of the independent school division and the debt of the locality, and would require the voters of each area where elected school boards with taxing power are proposed to approve such authority through referenda. Therefore, It would require the General Assembly approval in two succeeding sessions of the resolution authorizing the referendum question on this amendment to the Constitution to allow elected school boards with taxing powers. Then, for enabling legislation to be adopted by the General Assembly, and fmally for each locality to have its voters approve taxing power being given to school boards before it could be utilized. 13 RECORDATIOP Under present law, only streets and easements for public passage may be dedicated to localities by plats. Other types of easements, such as for water, sewer, and drainage purposes, must be dedicated by deed. This procedure is cumbersome and, but for the fact that it is legally required, unnecessary. It would streamline the subdivision review process, both for City staff and development interest, if utility and drainage easements could be dedicated to the City by plat. RECO IWNDATION The General Assembly is requested to amend the Code of Virginia, Section 15.1-478 to enable but not require localities to provide by ordinance that water, sewer, and drainage easements may be dedicated by plat. "Dedicated" could be to the locality itself or to a person or entity designated by the locality. The recommended wording is as follows: 15.1-478 Recordation of plat as transfer of streets, termination of easements and iights-of- way, etc. -- The recordation of such plat shall operate to transfer, in fee simple, to the respective counties and municipalities in which the land lies such portion of the premises platted as is on such plat set apart for streets, alleys or other public use and to transfer to such county or municipality any easement indicated on such plat to create a public right of passage over the same; but nothing contained in this article shall affect any right of a subdivider of land heretofore validly reserved. Any c by ordinance@ovide that the recordation of such t)lat shall operate to transfer to I such easements for the conveyance of stormwater, domestic water and s installation and niaint utilized for such pumoses- @q Provided, that where the authorized officials of a county, town or city within which land is located, approve in accordance with the subdivision ordinances of such county, town or city a plat or replat of land therein, then upon the recording of such plat or replat in the clerk's office wherein land records are maintained, all rights-of-way, easements or other interest of the county, town or city in the land included on the plat or replat, except as shown thereon, shall be terminated and extinguished, except that an interest acquired by the county, town or city by condemnation, by purchase for valuable consideration and evidenced by a separate instrument of record, or streets, alleys or easements for public passage or for the conveyance of stormwater, domestic vater and sewerage subject to the provision of 15. 1 A 81 or 15.1 -482 shall not be affected thereby. 14 LIOUEDATION Under Section 13.1-747B and 13.1-909B of the Code of Virginia dealing with judicial dissolution of corporations, circuit courts may liquidate the assets and business of corporations at any time after the termination of corporate existence, pursuant to the sections or any laws of the Commonwealth in effect at any time prior to January 1, 1986. The ability to use laws in effect prior to January 1, 1986, allows for some very ambiguous and difficult to track corporate records. Furthermore, when a judicial proceeding is brought to dissolve a corporation, the court shall hold a hearing after notifying all parties to the proceeding and any interested person designated by the court. This does not necessarily include owners of contiguous real property interests that may be affected by the transfer of the assets of the corporation. RECO@NDATION The General Assembly is requested to amend the Code of Virginia to remove the provision in Section 13.1-747B and 13.1-909B of the Code that includes the language concerning laws of the Commonwealth in effect any time prior to January 1, 1986. The new Code section should read as follows: "The circuit court in the city or county named in subsection C of this section shall have full power to liquidate the assets and business of the corporation at any time after the termination of corporate existence, pursuant to the provision of this chapter, upon the application for any person, for good cause, with regard to any assets or business that may remain. The jurisdiction conferred by this clause may also be exercised by any such court in any city or county where any property may be situated whether of a domestic or a foreign corporation that ceased to exist. " (This wording removes the reference to January I @ 1986) Furthermore, it is recommended that Code Section 13.1-748A and 13.1-910A be amended so that property owners of contiguous real property that may be affected by the dissolution of corporations shall be informed of the public hearing to accomplish same. The proposed language for this code section is as follows: "A court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage while the proceeding is pending, the business and affairs of the corporation. The court shall hold a hearing, after notifying all parties to the proceeding including but not limited to owners of contiguous real c interests that may be affec@by the transfer of the assets of the ation before appointing a receiver or custodian. The court appointing a receiver or custodian has exclusive jurisdiction over the corporation and all its property wherever located. 15 VIRGINIA ENDOOR CLEAN AIR ACT Virginia Code Section 15.1-291.2C currently provides that "[alny restaurant having a seating capacity of fifty or more persons shall have a designated no-smoking area sufficient to meet customer demand. " (Emphasis added). Because this requirement is not specific, it has proven to be difficult for restaurants to comply with, and for localities to enforce. Therefore, it is considered advisable to amend this section of the Code to provide a more specific, quantifiable requirement. RECOMMENDATION This proposed amendment to Virginia Code Section 15.1-291.2C would impose a requirement that any restaurant having a seating capacity of fifty or more persons shall have a designated no-smoking area which constitutes a specific percentage of the area open and available for the seating of customers. 15.1-291.2 Statewide Regulation of Smoking. -- Any restaurant having a seating capacity of fifty or more persons shall have a designated no-smoking area sufficient to meet customer demand. which constitutes no less than twenty-five percent of the area of the restaurant open and available for the seating of customers. 16 50 PROPOSED AMENDMENT TO VIRGINIA CODE SECTION @ E-911 TAX) TO EXEMPT RESIDENTS OF NURSING HOME FROM TAX LLABI]LITY Virginia Code § 58.1-3813 provides that localities may impose upon subscribers of telephone service which includes the enhanced E-911 system, a tax to pay for the cost of providing such enhanced E-911 service. Persons residing in nursing homes and similar care facilities who have personal telephone service have no need for individual E-911 service, in that emergency response is normally provided by the care-provider staff; however, such individuals, often subsisting on limited incomes, are nonetheless required to pay the E-911 tax. RECO NDATION: This proposed amendment to Virginia Code § 58.1-3813 would enable local governments to exempt residents of nursing homes and similar adult care facilities from payment of the consumer tax imposed for enhanced E-911 service. § 58.1-3813. LOCAL TAX FOR ENHANCED EMERGENCY TELEPHONE SERVICE A. Notwithstanding the rate limitations imposed under § 58.1-3812, any county, city or town which has, singly or by joint agreement, established or will establish an enhanced 911 emergency telephone system, hereinafter referred to as E-91 1, as defined herein, may impose a special tax on the consumers of the telephone service or services provided by any corporation coming within the provisions of Chapter 26, except that no such taxes shall be imposed on federal, state and local government agencies. Such tax shall be subject to the notification and jurisdictional provisions of § 58.1-3812. B. The following phrases shall have the following meanings: 1 . An "E-911 system" means a telephone service which utilizes a computerized system to automatically route emergency telephone calls placed by dialing the digits " 91 1 " to the proper public safety answering point servicing the jurisdiction from which the emergency telephone call was placed. An E-911 system includes selective routing of telephone calls, automatic telephone number identification, and automatic location identification performed by computers and other ancillary control center communications equipment. 2. "Public safety answering point" means a communications facility operated on a twenty-four-hour basis which first receives E-911 calls from persons in an E-911 service area and which may, as appropriate, directly dispatch public safety services or extend, transfer, or relay E-911 calls to appropriate public safety agencies. 3. "Public safety agency " means a functional division of a public agency which provides fire-fighting, police, medical, or other emergency services or a private entity which provides such services on a voluntary basis. 17 C. Prior to imposing such tax, the governing body of any city, town or county must find that an E-911 emergency telephone system as defined in subsection B of this section has been or will be installed in its respective locality and that the telephone company has central office equipment which will permit such system to be established. D. Any such taxes imposed by this section shall be first utilized solely for the initial capital, installation and maintenance costs of the E-911 emergency telephone system. The jurisdiction shall reduce such tax when capital and installation costs have been fully recovered to the level necessary to offset recurring maintenance costs only. E. For the purpose of compensating a telephone utility for accounting for and remitting the tax levied by this section, such telephone utility shall be allowed three percent of the amount of tax due and accounted for in the form of a deduction in submitting the return and paying the amount due by it. F. The Governing body of ny cou v. city or town may exem!)t from p imt)osed by this section any subscriber to individual telephone e ice who resides in a nursing home or similar adult care facility, 18 AMENDMENT OF VIRGINIA 4 46.2-755 (LINIITATIONS ON INIPOSITION OF MOTOR VEHICLE T :ES AND FEES) Virginia Code Section 46.2-755.B. provides that any disabled veteran shall be entitled to one local (county, city or town) vehicle license without payment of the license fee. It is considered desirable to provide a similar benefit to widows of members of the military who died in wartime service. RECO NDATION This proposed amendment to Virginia Code Section 46.2-755.B. will exempt unmarried widows of members of the military who die in wartime service, who are entitled under federal law to federal dependency indemnity compensation. § 46.2-755. LIMITATIONS ON UQPOSITION OF MOTOR VEHICLE LICENSE TAXES AND FEES.- A. No county, city, or town shall impose any motor vehicle license tax or fee on any motor vehicle, trailer, or semitrailer when: 1. A similar tax or fee is imposed by the county, city, or town wherein the vehicle is normally garaged, stored, or parked; 2. The vehicle is owned by a nonresident of such locality and is used exclusively for pleasure or personal transportation and not for hire or for the conduct of any business or occupation other than that set forth in subdivision 3 of this subsection; 3 The vehicle is (i) owned by a nonresident and (ii) used for transporting into and within the locality, for sale in person or by his employees, wood, meats, poultry, fruits, flowers, vegetables, milk, butter, cream, or eggs produced or grown by him, and not purchased by him for sale@ 4. The motor vehicle, trailer, or semitrailer is owned by an officer or employee of the Commonwealth who is a nonresident of such county, city, or town and who uses the vehicle in the performance of his duties for the Commonwealth under an agreement for such use; 5. The motor vehicle, trailer, or semitrailer is kept by a dealer or manufacturer for sale or for sales demonstration; 6. The motor vehicle, trailer, or semitrailer is operated by a common carrier of persons or property operating between cities and towns in the Commonwealth and not in intracity transportation or between cities and towns on the one hand and points and places outside cities and towns on the other and not in intracity transportation 19 B. No county, city, or town shall impose a license fee for any one motor vehicle owned and used personally by (i) any veteran who holds a current state motor vehicle registration card establishing that he has received a disabled veteran's exemption from the Department and has been issued a disabled veteran's motor vehicle license plate as prescribed in § 46.2-739 w of a member of e United States armed forces wLo died in wartime service who holds a It Veterans Administration c ndency indemniiy c@nsation. C. No county, city, or town shall impose any license tax or license fee upon any daily rental passenger car, the rental of which is subject to the tax imposed by § 58.1-2402 A 4. 20 I ADDENDUM PUBLIC SAFETY PACKAGE 21 The Addendum Public Safety Package It is requested the General Assembly amend the Code of Virginia dealing with indecent exposure violations. Currently, indecent exposure, regardless of the number of convictions for this violation, is considered a misdemeanor. It is recommended that the third conviction for indecent exposure be considered a felony. The General Assembly is requested to change the Code of Virginia which would make carrying concealed edged or pointed weapons (such as ice picks) a violation of the Code. Currently, Magistrates have refused to issue warrants for arrest for carrying concealed ice picks, etc. The General Assembly is requested to amend the Code dealing with driving while intoxicated that would allow when serious physical injuries to another are caused, the offender may be charged with a Class 6 felony instead of a misdemeanor that is currently the case. The General Assembly is requested to amend the Code so that carrying a concealed firearm becomes a Class 6 felony upon the first conviction instead of a Class I misdemeanor. Section 19.2-81 of the State Code presently provides that "officers may ... arrest without a warrant for an alleged misdemeanor not committed in their presence involving (i) shoplifting 03, (ii) carrying a weapon on school property in violation of 418.2-308.1, (iv) destruction of property in violation of 18.2- 137 ... based on probable cause upon reasonable complaint of the person who observed the alleged offense. " Since 19.2-81 requires that the above-referenced misdemeanors be in violation of the State Code, an officer is precluded from charging an offender under a similar local ordinance unless the officer actually observes a person violating the law. Therefore, the General Assembly is requested to amend Section 19.2-81 to enable an officer to make an arrest without warrant for the misdemeanors referenced therein whether the misdemeanor constitutes a violation of State law, "or a similar local ordinance. " It is requested the Code be amended to expand the Zero Tolerance provision of the Omnibus Alcohol Safety Act to include all the DUI boating codes. It is now illegal for an underage person to operate a motor vehicle with a blood alcohol content (BAC) of .02 to .08; however, it is possible for an underage person to operate a water craft or vessel after having consumed alcohol. Thus, it is recommended that Zero Tolerance be expanded to include persons under the age of 21 with a BAC of .02 to .08 who are operating a vessel within the waters of the Commonwealth. Section29.1-744.1 of the State Code presently provides that "fa]ny county, city, or town may, by ordinance, regulate the distance personal watercraft in operation shall maintain from the shore, docks, and swimmers, provided that suc 22 fifty feet. " The General Assembly is requested to amend Section 29.1-744.1 to increase, from fifty to one hundred feet, the distance that localities may require personal watercraft to maintain from the shore, docks, and swimmers. The General Assembly is requested to amend the Code of Virginia, Section 46.2-1217 and Section 46.2-1231 dealing with the towing of motor vehicles. Currently, the City requires any person whose vehicle is towed at police direction shall be entitled to an administrative hearing to determine the legality of the removal. This is based upon a holding of the Fourth Circuit Court of Appeals that police authorized towing without the vehicle owner's consent is a taking of property. It is recommended this section be added to address such required hearing, and this section also include vehicles towed from private property at the property owner's request. The suggested wording is as follows: The owner of a vehicle towed from either public or private property, without the vehicle owner's consent, shall be entitled to a prompt post-tow hearing to determine whether there was lawful grounds to remove the vehicle. The governing body of any county, city, or town by ordinance may adopt procedures to notify the vehicle owner or custodian of the right to a hearing to determine if the vehicle was lawfully towed for any reason as set forth by any state, county, city, or town ordinance. Provided, the hearing shall be requested within three (3) weeks from the date that the notice was mailed by the Police Department, or from the date that the owner or custodian of the vehicle was personally notified that his vehicle has been towed. The hearing shall be conducted by a hearing officer appointed by the governing body or by the chief administrative officer of the country, city, or town. Such hearing officer shall not be a sworn police officer or be engaged in a business involving the towing of vehicles. 23 - 15 Item III-(;.2. RESOLUTION ITEM # 3S527 Attorney R. J. Nutter, 4425 Corporati(@ii Lane, I'hotic. 071-6000, r(,,I@reseiiieti thirteen landownerv in Satidbridge and requested DEFERRAL on th(, i(ix lot unictidlitelitv. P I-,dward liourdoii, 1embi-oke On,, Building, I,ifth 1,7oor, I'liofic'. 499-8971, itf@r(,seiiied the,5andt)ridge Oceanfront Iroperly Owners Assoc iatioit, and Ypokf, in SUPPORI' (@f the Oi-(Ii)iaiic-es. Lou I'ace, 1908 Iluii(s N(@(k (,(,net I'lio@i(,: 468-0925. in OPPO,5ITION. Councilman Dean read into tht, the 1rciul) (harles 7raub, III, in OPPOSITION. Ul?oii motion 1)), Council se(oiid(,ti t)-@, V@,((, ('it@ ('oiiiit il ADOPTED: Sa@idbridge Beach and Sliort,liii(- I?(,sit)i-(jiioit tiiitl M(illagettl(,iit: Ordinance to AMEND and PXORDAIN the of the (,'ity of Virginia Beach, Virginia, 1)@ ADDING a new (,'Iiul)t(,r 3.' 1 i(, Saiidbridge Special Service District. Ordinance to (,stablivli the Satidbridge @pecial Ser@,ice District (.5SSD) .5pecial Revenue I,u;td, transferring aitti cif)l)rol)i-ia(iiig to tl?e fund; to direct the (,'itl, Manager to bu(@@(,t th(, (,il)f aiid (,Al)cit(liful-es of SS,@I) fu;iel@. tiii@l, to estat)liyli R(,i,,(-iiuc [,'ulltl. Ordinance to.4MEND and REORDAIN S(,(tiofi i5-158 aiitl 35-150 (@f the Code of tht, oj' Virginia I@each, Vii,@iiiia, i-(, th(, Transient Lodgitig Tax and establishing an additiot7al Lodgijzg Tax within the Saiidbri(@@(, .@f,ri,ice I)istrict t(, 1)(,a(li and sh(irelifie restoration did management at Satidbridge, Or(iiiiaii(t, to 4MI,'ND the oriliiiair(-(, ili(- tax leiy on real estate ft)r Itix 1, ist a I Y(,ai- 1095. Voting. 8-3 Council Members Voting Ayt, John A. Ilauin, Linwood 0. 13raiich, III, @'illieitti @V. IIai-)-ivoit, Jr., Barbara M. l,ouiy R. Jones, Ivfc4),or M(,@t(,i(i /,". 01)(,I-Iltl(@rf, Vice Mayor Willi(iin I). @t-ssonis, li-. and I,,)uisti V @it-(ii,hoy-)i Council Alfeinbers Votiii,@ N(j-@ Robert K J(@ltit I). Voss and N(iii(v K. Council Members Absent.- None November 1, 1994 1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF 2 THE CITY OF VIRGINIA BEACH, VIRGINIA, BY 3 ADDING THERETO A NEW CHAPTER 35.1, PERTAINING 4 TO THE SANDBRIDGE SPECIAL SERVICE DISTRICT. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That the Code of the City of Virginia Beach, Virginia, is 8 hereby amended and reordained by adding thereto a new Chapter 35.1 9 to read as follows: 10 CHAPTER 35.1 11 SANDBRIDGE SPECIAL SERVICE DISTRICT 12 Section 35.1-1. Creation of the Sandbridge special service 13 District. 14 Pursuant to the authority contained in Section 15.1-18.3 of 15 the Code of Virginia, there is hereby created a Special Service 16 District at Sandbridge for r ose@ set forth in subsection 17 (C) (1) of Section 15.1-18.2 of the Code- f Vir inia. 18 Section 35.1-2. Name of district. 19 The service district shall be known as the Sandbridge Special 20 Service District. 21 Section 35.1-3. Boundaries of the Sandbridge Special service 22 District. 23 The sandbridge Special Service District shall be known and 24 described as follows: 25 That Property located in Sandbridge and bounded on the north 26 by the USN Fleet Combat Training Center Atlantic; on the south by 27 the Little Island Park; on the east by the Atlantic Ocean; and on 28 the west, north of Sandbridge Road, by the western boundary of the 29 subdivision known as "Sandbridge North Area", and south of 30 Sandbridge Road, by the property of the United States of America 31 and the Back Bay National Wildlife Refuge, as depicted on the map 32 entitled "Sandbridgell dated June 17, 1994, prepared by the 3 3 Department of Public Works and recorded in May Book Pg. 3 4 3 5 Section 35.1-4. Facilities and services to be Rrovided within the 36 Sandbridge Special Service District. 37 The Sandbridge Special Service District is created for the 38 purpose of Providing financing for the local share of any beach and 39 shoreline management and restoration Project for the construction, 40 maintenance, replenishment and restoration of the beach and 41 shoreline on the Atlantic Ocean within the service district. 42 Toward that end. there shall be provided within the Sandbridge 43 Special Service District those facilities and services necessary or 44 desirable to accomplish the Purpose -gf the service district, 45 including, without limitation, administrative, engineering and 46 other professional services, sand dredaina. DumDina. grading and 47 hauling facilities and equipment and such other equipment and 48 facilities as ma@ from time to time, be needed to accomplish the 49 purpose of the service district. 50 Section 35.1-5. ProRosed Plan for Providing facilities and 51 services within the sandbridge sipecial Service 52 District. 53 The plan is to accumulate dedicated revenue generated for use 54 within the Sandbridge Special Service District to fund the creation 55 and maintenance of a beach berm having an elevation approximately 56 six (6) feet above mean sea level and a width of approximately 57 fifty (50) feet from the nourishment line with a slope of 58 approximately 20:1 to the Atlantic Ocean. Implementation of the 59 plan is expected to produce a designed dry beach area of 60 approximately one hundred and twenty__ (120) feet, which in 61 combination with the fifty (50) foot berm will yield a drV beach of 62 approximately one hundred and seventy_ (170) feet at mean tide 63 level. Actual or Planned elevations, slopes and beach area may 64 vary from time to time as determined bv the District Engineer of 65 the Army Corp gf_Engineers, Norfolk District, and the City's 66 Director of Public Works. 2 67 Section 35.1-6. Benefits expected to be realized from the 68 Provision of facilities and services within the 69 Sandbridge Special Service District. 70 Through the provision of the facilities and services described 71 in Section 35.1-4, an attempt will be made to stabilize, maintain 72 and restore the sand beach on the Atlantic Ocean within the service 73 district. Left unattended, the sand beach will suffer the effects 74 of erosion occasioned bV the forces of nature. The facilities and 75 services to be provided are expected to -benefit owners of Property 76 within the service district, as well as residents and visitors, 77 through preservation and enlargement of the sand beach, protect and 78 maintain public recreation areas and Public infrastructure and, 79 thereby, protecting life, property and propertv values within the 80 Sandbridge Special Service District. 81 Section 35.1-7. Levy of additional taxes tO Ray, either in whole 82 or Part, the elcpenses and charges for Rroviding 83 additional goverrmental services with the 84 Sandbridge Special Service District. 85 Pursuant to the authority contained in Section 15.1-18.2(c) of 86 the Code of Virginia, within the Sandbridge Special Service 87 District, the City Council maV levy and provide for the collection 88 of additional taxes to fund the City's obligations to pay, either 89 in whole or part, the expenses and charges for providing and 90 maintaining facilities and services incident to beach and shoreline 91 management and restoration on the Atlantic Ocean within the service 92 district. Such additional taxes may include an annual tax upon anV 93 Property in the service district which is subject to local 94 taxation. The additional taxes may als@include a tax on the base 95 transient room rentals, excluding hotels, motels, and travel 96 campgrounds, within the service district at a rate of percentage 97 not higher than five percent (5%) which is in addition to any other 98 transient room rental tax imposed city-vlide. 99 Section 35.1-8. Limitation on Purposes for which additional taxes 100 levied and collected within the Sandbridge 101 Special Service District maV be used. 1 0 2 All taxes levied and collected pursuant to this Chanter within 103 the Sandbridae SDecial District sha ther 3 104 in whole or ipart, the expenses and charges for providing and 105 maintaining facilities and services incident to beach and shoreline 106 management and restoration within the special service district. No 107 additional tax shall be levied for or used to pay for schools, 108 police or general government services not authorized bV Section 109 15.1-18.2 of the Code of Virginia. The Proceeds from all such 110 additional taxes as may be levied and collected shall be a special ill fund and shall be so segregated as to enable the same to be 112 expended within the service district. 113 Adopted by the Council of the City of Virginia Beach, Virginia 114 on the 1 st day of November 1994. 115 CA-5708 116 Proposed\35-l.Pro 117 R-4 118 10/ 2 O/ 94 4 AN ORDINANCE ESTABLISHING THE SANDBRIDGE SPECIAL 2 SERVICE DISTRICT (SSSD) SPECIAL REVENUE FUND, TRANSFERRING AND APPROPRIATING CERTAIN REVENUES TO THE FUND, 4 DIRECTING THE CITY MANAGER TO BUDGET THE RECEIPT 5 AND EXPENDITURES OF SSSD FUNDS, AND ESTABLISHING 6 REVENUES OF THE SSSD SPECIAL REVENUE FIIND 7 WHEREAS, the ('it Council has approved the Sandbridge Special Service District 8 Program ("Program") for the purpose of beach and shoreline restoration and management at 9 Sandbridge, including revenues, and recognizes that the funding may be modified in future years, 10 WHEREAS, the Citv Council desires that the Program be budgeted and financially reported I I in such manner as to permit the separate display of Program Financing and status, 1 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 1 3 VIRGINIA BEACH, VTRGINIA; 1 4 That the following policies are established 1 5 1 That the Citv Manager will cause to be established a Sandbridge Special Service 1 6 District Special Revenue Fund (the "Special Revenue Fund") to account for revenues 1 7 and expenditures, including inter-fund transfers related to the Program, All funds I 8 received that are related to the Special Revenue Fund shall be annually appropriated. 1 9 2, That the revenue sources of the Special Revenue Fund which are effective on 20 January 1, 199s, and have not been appropi iated. such funds received between 2 1 January I and June 30, 1995, are hereby transferred to and appropriated for the 22 purposes of the Special Revenue Fund 23 3 That beginning Julv 1, 1995, the City Manager will cause the Special Revenue fund 24 to be budgeted in the operating budget, and will cause a display of an overall 25 summary of the Program and the current and projected financing and activities of 26 the Special Revenue Fund, as well as project detail sheets, to be included in future 27 capital improvement programs. 28 4, That it is the intent of Council that the Special Revenue Fund be utilized for beach 29 and shoreline restoration and management at Sandbridge. It is the further intent of 30 Council that the integrity ot'the Special Revenue Fund be maintained. 31 BE IT FURTHER ORDAINED 32 The following revenue sources will be used to pay the costs of the SSSD Program: 33 1 An additional real estate tax rate on all real properties located within the SSSD, to 34 be added to the real estate tax rate assessed on all real properties established for the 35 city in general, effective January 1, 1995, 36 2 An additional lodging tax on lodging revenues generated from properties within the 37 SSSD, to be added to the lodging tax rate established for the city in general, effective 18 January 1, 11)95 -1 39 3 The revenue from two cents of the lodging tax rate established for the city in general 40 that is applied to lodging revenues generated from properties within the SSSD, 4 1 effective Januarv 1, 1995, 42 4 All revenues net of operating costs generated from the Little Island Fishing Pier, 4') effective Januarv 1, 1995, 44 5@ All revenues net of operating costs generated from the Little Island Parking Lot, 45 effective Januarv I @ 1995@ 46 6 A direct contribution generated from profits at Sandbfidge parking lots operated by 47 the Parking Enterprise Fund of $10,000 effective Januarv 1, 1995, and $20,000 48 annually inflated at 3% per year for everv vear thereafter 49 Adopted the is t day of November-, 1994, bv the ('ouncil of the City of Virginia Beach, 50 Virginia 5 1 This ordinance shall be effective on January 1, 1995 APPROVED AS TO CONTENT Walter C. Krae@r, Jr Department of Management an(] Budget 1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2 35-158 and 35-159 OF THE CODE OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE 4 TRANSIENT LODGING TAX AND ESTABLISHING AN 5 ADDITIONAL LODGING TAX WITHIN THE SANDBRIDGE 6 SPECIAL SERVICE DISTRICT FOR THE PURPOSE OF 7 PROVIDING BEACH AND SHORELINE RESTORATION AND 8 MANAGEMENT AT SANDBRIDGE 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 That Sections 35-158 and 35-159 of the Code of the City 12 of Virginia Beach, Virginia, are hereby amended and reordained to 13 read as follows: 14 Sec. 35-158. Definitions. 15 Except where the context clearly indicates a different 16 meaning, the following words and phrases, when used in this article 17 shall, for the purposes of this article, have the meanings ascribed 18 to them in this section: 19 City treasurer. "City treasurer" means the treasurer of 20 the city and any of his duly authorized deputies and agents. 21 Commissioner of revenue. "Commissioner of revenue" means 22 the commissioner of revenue of the city and any of his duly 23 authorized deputies and agents. 24 lietel. I'lleteill means any peblie er- private hete4:, inn, 25 hesteir-y, teur-ist hefae er- hetise, teur-ist eamp, teui-ist eabi:n, 26 ds, mete!, r-eeininej heuse er- ether- ledelinej pl:aee within 27 the eity effering !edging, fer eempensatien, te any transien@-. 28 Lodging. "Lodging" means any room or rooms, lodging or 29 space furnished to any transient. 30 Lodging place. "Lodging placer' means any ipublic or 31 private hotel, inn, hostelrv, tourist home or house-, tourist camp, 32 tourist cabin, camping grounds, motel, rooming house or other 33 lodiiing place within the city offering lodging, for compensation, 34 to any transient. 35 Special tax auditor. "Special tax auditor" means the 36 special tax auditor of the city and any of his duly authorized 37 deputies and agents. 38 Transient. "Transient" means any person who, for any 39 period of not more than ninety (90) consecutive days, either at his 40 own expense or at the expense of another, obtains lodg' ing in any 41 here! lodging place. 42 Sec. 35-159. Levied; amount. 43 (a) There is hereby levied and imposed on each transient 44 a tax equivalent to five and one-half (5.5) percent of the total 45 amount paid for lodging, by or for any such transient, to any here! 46 lodging place. This tax rate is effective January 1, 1993, and 47 shall remain in effect until May 1, 1997, at which time it shall be 48 reduced by one-half (0.5) percent. 49 (b) There is hereby levied and imposed on each transient 50 within the Sandbridge Special Service District (District) a tax, in 51 addition to that levied in sub-section-(a) hereof, equivalent to 52 two f the total amount paid for lodging within the 53 District, by or for any such transient to any lodgincf 1)lace, 54 excluding hotels. motels and travel campgrounds. The additional 55 tax rate is effective January 1, 1995, and shall remain in effect 56 until January 1, 1996, at which tine the additional tax rate shall 57 be four (4) percent. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia 60 on the 1 st day of November 1994. 61 CA-5717 62 R-3 63 Proposed\35-159.Pro 64 10/20/94 APPROVED AS TO LEGAL SU !-FIC@EN 2 I AN ORDINANCE TO AMEND THE ORDINANCE 2 ESTABLISHING THE TAX LEVY ON REAL ESTATE 3 FOR TAX FISCAL YEAR 1995 4 BE IT ORDAINED BV THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 Section 1. AMOUNT OF LEVY ON REAL ESTATE. 6 There shall be levied and collected for fiscal year 1995 taxes for general purposes on all real estate, not 7 exempt from taxation and not otherwise provided for in this Ordinance, at the rate of one dollar and fourteen 8 cents ($1.14) on each one hundred tiollars ($11)0) of assessed valuation thereof The real propertv tax rates 9 which have been prescribed in this section shall he applied on the liasis of one hundred percentum of the fair I 0 market value of such real propertv except for public service real propertv which shall he on the basis as I I provided in Section 58.1-2604 of the Code of Virginia, as amended. 12 Section 2. AMOUNT OF LEVY ON "CERTIEFIED POLLUTION CONTROL EOUIPMENT AND 13 FACILTTIES" CLASSIFIED AS REAL ESTATE. 14 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall be 15 levied and collected for general Purposes for fiscal year 1995, taxes on all real estate certified by the 16 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from 17 taxation, at the rate of one dollar and fourteen cents ($1.14) on each one hundred dollars ($100) of assessed 18 valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one 19 hundred pereentum of fair market value of such real properti . 20 Section 3. AMOUNT OF LEVY ON THE REAL ESTATE IN THE SANDBRIDGE SPECIAL 21 SERVICE DISTRICT. 22 There shall be levied and collected for the second half of fiscal year 1995. taxes for the special t)uri)ose 23 of providini! beach and shoreline restoration and management at Sandbridge on all real estate within the 24 Sandbrid2e Si)ecial Service District. not exempt from taxation, at the rate of six cents ($.06) per annum on each 25 one hundred dollars ($100) of assessed value thereof prorated for the s fiscal vear. This 26 rate in this section shall be in addition to rates nrovided elsewhere in this ordinance. The real Property rate 27 imiiosed in this section shall be applied on the basis of one hund ir market value of such 28 real Property except for Public service real Proi)erty which shall be on the basis as Drovided in Section 58. 1 - 29 2604 of the Code of Virginia, as amended. 30 Section JA. CONSTITUTIONALITY. 31 That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for anv 32 reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining 33 portion of this Ordinance. 34 SectionC5. EFFECTIVE DATE. 35 This Ordinance shall be in effect from and after the date of its adoption. 36 Adopted by the Council (of the Citv of Virginia Beach, Virginia, on the 1 *htday of N"f994. APPROVED A 0 TO CONTEN'[' Waller C. Kme@, Jr t*t. of M"aqement an(i BL@,joe, - 16 - Item 111-H. CONSENT AGENDA ITEM # 38528 Upon motion by Vice Mayor @essoms, seconded by Council Lady @li'ayho"i, (-'ity (council APPROVED in ONE MOTION, Items I and 2 of ilic CONSENT AGENDL Voting: 11-0 (-'ouiicil Members Voting aye. Joliti A. Ilaum, Linwood 0. Branch, III, Rob(,r( K I)t,an, William W. Ilai-ri.yopi, Jr., Barbara M. ll(!iiley, Louiy R. Joii(,s,.foltit D. Moss, Mayor Me,yera E. Ob(,riielorf, Naiicy K I'arkei-, Vi(c-,Wtiv,)i William I). Sessoms, Jr., and Louisti @W. ';I;-ayh(irit Council Members Voting Na@, None (council Members Abse@it. None November 1, 1994 Itei?z III-H.I. CONSFNT AGENDA ITEM 38529 Upon motion by Face Ma),or.@essoiiis, secoiided by Council City Council ADOPTED: Ordinance fo,4CCEPT and APPROPRIA7E a 81 1-@,500 (;ratit from the In.vtitute (@f Mus(@uni @trv,ices to the 1,Y 1994-1995 O[)t,rati)ig Bu(iget of the rirgiiiia Marine Science Museum i-(- I)t-oi,,idiii,@ contractual nwizpower aii4i seri,ices; materials aiiel supplies; additional technology; arid, estimtitc@i r(,t,(-iiue to tli(, fuiiet be offy(-t Voting: 11-0 Counci,l Membery Voting @ly(, John A. Baunf, f,i;iwood 0. Iii-aiich, 111, Rob(,) I K. William W. flarrisoii, Jr., liarbara M. Ifeiiley, l,ouiv R. Joii(,.s, Ioltii 1). M(iss, Ma-vor Meyera f,. Ob(,rii(if)rf, Naitcy K. I'arker, Vit c Mti@'ot Williatit 1). ,;t,ssotris, Jr., and I.oui.@a W. ';Ii-ti-@,horil (council' Members Voting Na@, Nolte Couticii' Members Absent: None November 1, 1994 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 $112,500 GRANT FROM THE INSTITUTE OF MUSMU SERVICES 3 TO THE FY 1994-95 OPERATING BUDGET OF 4 THE VIRGINIA MARINE SCIENCE MUSEUM 5 WHEREAS, the Institute of Museum Services (IMS) provides 6 federal operating support for museums of all disciplines; and 7 WHEREAS, the Virginia Marine Science Museum (VMSM) has 8 applied for an IMS grant to be used by VMSM to increase special 9 exhibits and marketing efforts in order to increase overall 10 Museum attendance; and 11 WHEREAS, the Institute of Museum Services has accepted the 12 application and approved grant funding for the VMSM in the amount 13 of $112,500; and 14 WHEREAS, this grant requires no matching funds from the 15 City; 16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $112,500 18 from the Institute of Museum Services be accepted and 19 appropriated to the FY 1994-95 Operating Budget of the Virginia 20 Marine Science Museum to provide contractual manpower and 21 services, materials and supplies, and additional technology; and 22 BE IT FURTHER ORDAINED that this appropriation be offset by 23 an increase of $112,500 in estimated revenue to the Marine 24 Science Museum Fund. 25 This ordinance shall be effective on the date of its 26 adoption. 27 Adopted by the Council of the City of Virginia Beach, 28 virgi-nia, on the First of November 1994. 29 APPROVED 30 31 Walter C. 32 Department of Management and Budget A P P '-7t7, r.@ D A,3 T - 18 - Item 111-H.2. CONSF@NT AGENDA I7EM # 38530 Upon motion by Vice Ma),or secoiided by (,'ouii(il Lady Stra-vhorti, Cit), Council ADOPTED: Ordinance to APPROPRIATE $9,250 from lht, current balance in the Francis Land House Board of Governors' Truvt Fund re expenditures in support of the i?zisvion, goals and activities of fli(- I-raiiciv Land Il()use. Mayor Oberndorf advised a Violation of three chaii,.Y, of ones owiie4i by (captain Land to the Francis Land Ilouve. Voting: 11-0 Counci@' Members Voting Ay(,. J(@hii A. Baum, f,iirwooti 0. Branch, III, Robert K. I)(-aii, William W. Ilarrisoti, Jr., Barbara .41, Il(!iilcy, l,ouiy R. Joii(,s, John I) W(@ss, va @,@)r Mci,era E. 01)(,i-ii(loil, VaiicV K. I'arker, Vi((, M(l@,(,l I,Villi(ifil 1). @@-SNottis, ,Jr., and I,oui.@a W. .@ti,a-i,horii C'ouiicii Members Votiii,@ Va@ None (,'(,u;icil Mettibei-s Absent. None November 1, 1994 1 AN ORDINANCE TO APPROPRIATE $9,250 FROM CURRENT BALANCE 2 IN THE FRANCIS LAND HOUSE BOARD OF GOVERNORS TRUST FUND 3 FOR EXPENDITURES IN SUPPORT OF THE MISSION, GOALS, AND ACTIVITIES 4 OF THE FRANCIS LAND HOUSE 5 WHEREAS, the Francis Land House Board of Governors advises the Francis Land 6 House staff on mission, goals, and activities, and 7 WHEREAS, the current balance in the Francis Land House Board of Governors 8 Trust Fund is in excess of $9.250, and 9 WHEREAS, the Board of Governors desires to use $9T250 from current balance in 10 the Francis Land House Board of Governors Trust Fund in support of the mission, 11 goals, and activities of the Francis Land House 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, that $9,250 be appropriated from current balance in the 14 Francis Land House Board of Governors Trust Fund 15 This ordinance shall be effective on the date of its adoption, 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 7 First Of November 1994 18 APPROVED AS TO CONTENT- 19 20 Walter C. Kraemer, Jr. 21 Department of Management and Budget - 19 - Item IIf-K]. RECE.'IS TO EXECUTIVE SESSION ITEM # 38531 Mayor Meyera E. Oberndorf entertained a motion to permit (,'it) (.ouiicil to conduct its EXECUT@ SESSION, pursuant to @ectioit 2.1-344, Code of Virginia, as ft)r the following purpose.- PUBLICLY-HELD PROPERTY.- Discussion (ip- c(@tisideratioli of the condition, acquisition, or use of real property public purpose, or of the disposition of publicly -held proper@@@, or of plans foi- the future of art institution wine h could aff(@(:t the value of property (Iwiied or desirable for owlier,vliip l@)@ vu(h institution puryuarit to 2.1--344(li)(3). 7'o- Wit: Acquisiti@)pi of li-ol)ei-ty - Vi@4iiii,j Bc, oh Borough - Bu@,Si(l(- liolou,@ll LE AL MA7'TERS. (Consultation @,ith or /));staff m(@rnbers, consultants, or atiorii(,@'s actual or probable litigation, or othci Ypccific legal tnall(Il'.v the provisions of legal advice b@ counsel pursuant to S(,(Iio;i 2.1 ?44(,I)(7). P)-Wit: L"al Ivsu(,s - Amphitheater - Real Waitc-is Virginia Beach IloroughILyntihaven Itoi-ou,@h - I,ake (;ast(@ii Upon ntotiori bv ViceMaVor.@(,ssottis, secoiidcd 1)), Council ('io ('ouii(.il votedtolyroceed into EXECUTIII'E SESSION (3:2-i P.M,). Voting. 17-0 (council Members V(@ti@ig A)@t,, John A. Bauni, firewood 0. Ilrai7ch, III, Robert K. I)(@aii, William W. Harrison, Jr., Barbara M. ll(,,tiley, Louiy R. Jones, John D. Movs, Mayor Meyera E. Ob(,r;itiorf, Naiicy K. I'arkei-, Vi((,,Ala),or @Villiam I). S(.,sv()ms, Jr. and l,ouiva W. ';Ira horn (,'ouiicii' Memberv Voting Afa@ None (.'(@uricii' Members @lbseiii.- None November 1, 1994 - 20 - ITEM # 38532 Mayor Meyera E. Oberndorf RECONIIENED the FORiVL4L SESSION of the 117RGINL4 BF,4CH CITY COUNCIL in the Council (.'I?amb(,r, ('ity Ilail fluildiiig, oii Noi,ertib(,r 1, 1994, at 5:55 ].M. (,'(?unciA' Members Ireseiii: John A. Bautn, f,iiivt,ood (). Ilraiich, III, I?obci-I K. Deati, William W. Ilarri,voii, Jr., Ilarbara M. Ileiiley, Louiv R. Iolitt D. Movv, Mayor Mcyera I@,. Oberiidoif and Naiic-v K IarAt,i ("()uiici) Memberv Abseiii. Vice Afayor @Villiani I). @essoms, Jr. afi(I / ottisti M. @tra@,h,irii Noi)ember 1, 1994 - 21 Item III-L.]. CERTIFICATION OF EXECUTII,'E SESSION ITEM # 38533 Upon motion by Councilman I)eaii, seconded by Councilman .1o)i(!s, City Council CERTIFIED THE EXECUTIIIE SESSION TO BE IN ACCORDANCE WITII'FHE MOTION TO RECESS. Only public business matters lawfully (-xeiiij@iefl from OI)eil Meeting requirements by Virginia law were discussed in l@eculii,(, @essiori to which 1/7i,@ certification resolution applies, ANI), Only such public business matters (is wt,rt, z(l(,ittifiel in 1/tc, motion converting 1/7(@ l@(@cutive,@essioll were ht-ai-(I, or (oiisi(lert-d by Virginia Bca(h ('iti@ Council. Voting. 9-0 Council Members Voting /lv(, John A. Bauni, l,iiiwt)od 0. Branch, III, Robert K. I)eaii, William W. Ilarri.voti. Jr., Barbara M. lie)iley, l,ouiv R. Joii(,s, fohii D. Mosv, Mayor Meyera I,,. Oberiid(,rf and Naiicy K I'ark(,i Couiicii'Members Voting Na-@, None (,'ouiicii'Members Absent: Vice Ma-yor William I). @essoms, Jr. and I,ouiyti M. @trayho"i N(@vemb(,r 1, 1994 argia ut CERI'tFtCA'I'ION OF I,"XECUTIN!E SESSION VIRGINIA REACII CITY COUNCIL WHEREAS: The Virginia Beach City (' ()uncil collxcilecl into EXECUTIVE SESSION, pursuant to the affirmative %-oic recorded in f@['EM # 3853 1, I'agc No. 19, and in accordance with the provisions of The Nlirginia Fi-cedotii of Information Ac(: @iii(l, WHEREAS: Section 2.1-344. of the CoLle of Virginia requires a certification by the governing body that such Exectiti\,c Session A as conducted in conformity with Virginia law. NOW, THEREFORE, BE IT IIESOT,NIED: That the Virginia Beach City Council hercl)y certifies that, to the best of each iiiciiiber's knowledge, (a) on]), public business matters lawfully exempted from Open Meeting requirements by Viigiiii@i law were discussed in Executive Session to which this certification resolution ;applies; and, (1)) t)iil), such public business matters as were identified in the motion con\,eiiiiig this Executi@-c Session were heard, discussed or considered by Virginia Beach City ('ouiicil. November 1, 1994 22 cm ADJOIJRNMENT ITEM # 38534 Mayor Oberndorf DECLARED tl7e City Couticil Me(@iiiig ADJOURNED at 6:00 II.M. Beveri), 0. Hooks,, CMC Chief I)eputy City Clerk --- ---- -------------------- Mey(,i-a 1,1. 01)(,?-ii(loif City Clerk Ma.@ or City of rirginia Beach rtrgini,7 November 1, 1994