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Home My WebLink AboutSEPTEMBER 5, 1995 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM D SESSOMS, JR, At Large JOHN A BAUM, Blackwater Borough LINWOOD 0 BRANCH I11, V,rgzn,a Beach Borough ROBERT K DEAN Prtncess Anne Borough W W HARRISON, JR, Lynnhaven Borough HAROLD HEISCHOBER, At Large BARBARA M HENLEY, Pungo Borough LOUIS R JONES Bays,de Borough NANCY K PARKER At Large LOUISA M STRAYHORN, Kempsmlle Borough JAMES K SPORE, C, ty Manager LESLIE L LILLEY, City Attorney RUTP HODGES SMITH CMC / AAE, City Clerk CITY COUNCIL AGENDA OUR 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9005 (804~ 427 4303 September 5, 1995 I. CITY MANAGER'S BRIEFINGS - Conference Room - 11:00 AM ae Be Ce MAYOR'S COMMITTEE ON AGING Kevin B. Rack, Esquire, Chairman ELECTION DISTRICT REDISTRICTING - Demonstration Lester L. Lilley, City Attorney Jolilda Saunders, Planning Klm Brace, Election Data Services SOUTHEASTERN EXPRESSWAY Robert J. Scott, Director, Plannin§ II. AGENDA REVIEW SESSION - Conference Room - 12:30 PM ae Be REVIEW OF AGENDA ITEMS CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 1:00 PM ae Be Ce CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM ae Be Ce De CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: Reverend Father Harold J. Cobb, Jr. Grace Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES i · INFORMAL & FORMAL SESSIONS SPECIAL SESSION August 22, 1995 August 28, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATIONS 1. KING NEPTUNE - Richard Anthony Mladick, M.D. · PROCLAMATION ANNUAL BOY SCOUT POPCORN AND CANDY RACE KICK-OFF SEPTEMBER 5, 1995 Tidewater Council Boy Scouts of America I. ORDINANCES/RESOLUTION i · Ordinance to AMEND and REORDAIN Section 21-78 of the Code of the City of Virginia Beach re issuance of decals. · Ordinance to ACCEPT and APPROPRIATE $420,600 in additional revenue from the Virginia Division of Tourism Cooperative Tourism Advertising Fund to Convention and Visitor Development's FY 1995-1996 Operating Budget re the State's participation in a Regional Advertising Campaign. · Ordinance to ACCEPT and APPROPRIATE $4,500 from the Virginia Department of Forestry to the General Services Department's FY 1995-1996 Operating Budget re a Joint Study of Salt- tolerant Trees in a Maritime Environment. · Resolution re application of the Virginia Beach School Board to the Literary Fund of Virginia for a $5,000,000 school construction loan to assist the City with a portion of the costs of Corporate Landing Middle School, in Corporate Landing Business Park (Project No. 1-021) (PRINCESS ANNE BOROUGH). · Authorize option re use of City-owned property at South Independence Boulevard and Holland Road for a new building to house the Departments of Social Services and Health (KEMPSVILLE BOROUGH): a· Approve; and, authorize staff to continue negotiations with Olympia Development Corporation. b· Reject; and, approve one of the other options previously recommended to City Council by staff. Ce Reject; and, direct staff to review all other options and make further recommendations to City Council within thirty (30) days. 6. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: a. Ocean Front Limousine be Deferred: July 11, 1995 August 1, 1995 August 8, 1995 Heritage Limousines Company J. APPOINTMENTS ADVERTISING AGENCY SELECTION COMMITTEE COMMUNITY SERVICES BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS i · COUNCIL-SPONSORED ITEM Resolution to request the Virginia Department of Game and Inland Fisheries authorize the City of Virginia Beach to designate and post a section of Blackwater Creek as a "No Wake" Zone. (Sponsored by Councilman John A. Baum) · Resolution to direct the City Manager to expedite and expand the scope of the Independent Audit of the Virginia Beach School Board's FY 1995 Financial books and records. · DESIGNATION OF VOTING DELEGATES a. VIRGINIA MUNICIPAL LEAGUE (VML) - Oct 8-10, 1995 (1) Voting and Alternate Delegate for Business Session (2) Voting and Alternate Delegate/Staff Assistant(s) for Urban Section b. NATIONAL LEAGUE OF CITIES (NLC) - Nov 29-Dec 2, 1995 (1) Voting and Alternate Delegates - Annual Conference 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) * * * * * * * * * 08/31/95CMD AGENDA\09/05/95. ITM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE August 22, 1995 B R C H R P E A PAGE 1 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N I/A REVIEVV OF AGENDA B CITY COUNCIL CONCERNS II/III/E CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION F MINUTES - August 8, 1995 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S H/I/ PUBLIC HEARINGS 1 SOCIAL SERVICES BUILDING SITE LOCATION 2 SANDBRIDGE SPECIAL SERVICE DISTRICT - Tax Levy J/1 Ordinance to estabhsh Special Purpose ADOPTED BY 9-2 Y Y N Y Y Y Y Y N Y Y Tax Levy of $ 06 per annum on each CONSENT $100 assessed value on Real Estate w~thm Sandbrldge Special Service District 2 Ordinance to APPROPRIATE $721,100 ADOPTED 10-1 Y Y Y Y Y Y Y Y N Y Y to Community Recreation Center Pool Repair re ~ncreased project cost/authorize advance Nobce to Proceed to the contractor 3 Ordinance to APPROPRIATE $24,460 ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from excess fee revenues of Clerk of the CONSENT C~rcu~t Court re prowd~ng Legal Secretary I/related supphes/costs 4 Ordinance to APPROPRIATE $13,800 to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Economic Tourism Development CONSENT studies re Golf Destination Feasibility study. 5 Ordinance to RESCIND Resolubon re DEFERRED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y procurement of Professional CONSENT TO Architectural/Engineering Services 9/5/95 adopted January 3, 1983/authorize Adm~mstrabve D~rechve for procurement of Arch~tectural/Eng~neenng Se~ces 6 Ordinance confirming C~ty Manager's ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Declaration of a Local Emergency due CONSENT to Hurricane Felix. 7 Ordinance appointing viewers ~n pet~bon ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y of City for closure of porbon of Atlantic CONSENT B Avenue at Cavaher Dnve (VIRGINIA S BEACH BOROUGH) T A I N E D 8 C~ty Council Sessions of October 10 RESCHEDULED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1995 Rescheduled due to V~rgm~a BY CONSENT Mumc~pal League Conference October 8- 10/10 TO 10/17 10, 1995, hosted by C~ty at 2 00 PM 9 Tax Refunds - $6,018.72 APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT K/1 Resolubon re tssuance of Development ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y Authority'$ mulb-fam~ly rental housing WITHDRAWAL revenue bond: (Deferred July 11/August BY CONSENT 8, 1995) Sunstates House, L.P Not to exceed $7,300,000 2 Resolubon to request VDOT estabhsh ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y project for tmprovement of Lesner Bndge CONSENT structures (Lesner Bridges Thin- Bonded Overlay ProJect)/C~ty pay share of total costs CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE' August 22, 1995 B R C H R P E A PAGE 2 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N 3 Resolution to establish 'Hampton Roads ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Regional Policy on Publicly- Funded Development Incentives and Intra- Regional Competition" as polmy to govern award of development ~ncenbves ~n the C;ty I./1 June 27, 1995 approved Apphcabon of REAFFIRMED 9-2 Y N N Y Y Y Y Y Y Y Y TIDEWATER WESTMINSTER HOMES, WITH INC., CUP Home for aged at Shore FURTHER Dr~ve/Sunstates Court (LYNNHAVEN CONDITIONS BOROUGH) Deferred August 8, 1995 2 Ordinance for closure of port~on of DEFERRED 10-0 Y Y Y Y Y Y Y Y A Y Y Atlanta Avenue at Cavaher Dr~ve ~n INDEFINITELY B pet~bon of the City (VIRGINIA BEACH BY CONSENT S BOROUGH) T A I N E D 3 Ordinance for closure of portions of BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y parcels, ~n pebbon of GEORGE AUTHORIZED PITSlLIDES (LYNNHAVEN BOROUGH)' FINAL Kleen Street/Ocean Avenue APPROVAL 4 RONALD C. RIPLEY Variance to Socbon BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 4 4(d) of Subdlws~on Ordinance all lots APPROVED/ have d~rect access to a pubhc street at CONDITIONED 4150 White Acre Road (BAYSlDE BOROUGH) 5 JAMES C. ARCHBELL, III Variance to DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Secbon 4 4(b) of Subdivision Ordinance lots meet CZO at Bob White Lane/E Sparrow Road (KEMPSVILLE BOROUGH) 6 AVALON CHURCH OF CHRIST CUP BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Chur(;:h expansion (educabonal buildings) APPROVED/ at 844 Woodstock Road (KEMPSVILLE CONDITIONED BOROUGH) Parcel 1/Parcel 2 Old Prowdence Road/Woodstock Road 7 AUTRONICS, INC., t/a Browmng's BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Alternator/Starter Exchange CUP Auto APPROVED/ repair Shelton Place, 1736 Independence CONDITIONED Boulevard (BAYSlDE BOROUGH) 8 EXTENDED STAY AMERICA, INC. CUP BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Motel at 4548 Bonney Road DEFERRED TO (KEMPSVILLE BOROUGH) 9/12/95 9 FIVE STAR TEXACO CUP Motor BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y vehicle rentals (trucks) at 6621 Indian APPROVED/ River Road (KEMPSVILLE BOROUGH) CONDITIONED 10 O & R, INC., Conditional COZ DEFERRED TO 6-4 Y Y N Y Y A Y N N N Y (PRINCESS ANNE BOROUGH) 9/12/95 B S From AG-1 to CondK~onal R-10 and T From AG-2 to Condibonal R-10 at A Painters Lane/Townfleld Lane I N E D M APPOINTMENTS ADVERTISING AGENCY SELECTION RESCHEDULED B Y C O N S E N S U S COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY F Dudley Fulton Reappointed to 10-0 A Y Y Y Y Y Y Y Y Y Y David A. K~ng, Jr 4-Year Terms 9/1/95 - 8/31/99 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE: August 22, 1995 B R C H R P E A PAGE' 3 R R H E J N A S Y B A D I O N O D R $ H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N PARKS AND RECREATION COMMISSION James A. Cutchms Reappointed to 11-0 Y Y Y Y Y Y Y Y Y Y Y IJIhe R G~lbert 3-Year Terms Robert G H~cks 9/1/95 - 8/31/98 PUBLIC HBRARY BOARD Reappointed to 11-0 Y Y Y Y Y Y Y Y Y Y Y 3-Year Term Cr~sano D Romero 9/1/95 - 8/31/98 WETLANDS BOARD Appointed to 11-0 Y Y Y Y Y Y Y Y Y Y Y 5-Year Term Charlotte H Purkey 10/1/95 - 9/3O/2OO0 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VDCDC) Appointed to 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired Term Douglas Wayne Huston thru 12/31/97 N/O/1 COUNCIL-SPONSORED ITEMS a Ordinance to TRANSFER $17,000 to DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y COIG re additional funding for Child INDEFINITELY Abuse Center of Hampton Roads, (Total Grant $30,000) (Sponsored by Mayor Meyera E Oberndorf) b/(1) Ordinance re transient lodging tax rate/City's Tourism Advertising Program (Deferred July 11/August 1, 1995) (Sponsored by Councilman L~nwood O Branch III) AMEND Section 35-159 of the Code by ADOPTED AS 9-2 Y Y N Y Y Y Y Y N Y Y ~ncreas~ng transient lodging tax rate by AMENDED $1 00 per n~ght at any lodging place other than campground (2) Establish Virginia Beach Advertising ADOPTED AS 9-2 Y Y N Y Y Y Y Y N Y Y Advisory Committee AMENDED (3) Establish Tourism Advertising Program ADOPTED AS 9-2 Y Y N Y Y Y Y Y N Y Y Special Revenue Fund AMENDED (4) APPROPRIATE $1,435,200 from ADOPTED 9-2 Y Y N Y Y Y Y Y N Y Y add~bonal $1 00 per mght transient lodging tax c RECYCLING CONTRACT BID PROCESS Authorized C~ty 10-0 Y Y A Y Y Y Y Y Y Y Y (Sponsored by Councilman Robert K Manager to B Dean) proceed w~th b~d S process T A I N E D P ADJOURNMENT 1 00 AM , MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 5, 1995 Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, September 5, at 11:00 A.M. Council Members Present: John A. Baum. Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None -2- CITY MANAGER's BRIEFING MAYOR'S COMMI~EE ON AGING 11:00 A34. ITEM # 39693 Kevin B. Rack, Past Chairman - the Mayor's Committee for the Aging, advised Russell E. Dyke is the new Chairman. The Mayor's Committee for the Aging sponsored a PUBLIC FORUM on April 8, 1995, at the Virginia Beach Central Library to obtain comments, complaints and compliments from the general public on a variety of issues affecting seniors. The population of the Senior citizenry is increasing on both a national and local scale. The Mayor's Committee on Aging is composed of eighteen (18) members, who meet in the City Council Conference Room on the last Wednesday of each month at 2:00 P.M. With Kevin B. Rack as Moderator, the PANELISTS of the PUBLIC FORUM consisted of: Kathy E. Vesley Director -Division of Aging Consumer Services The Honorable Robert F. McDonnell Virginia House of Delegates The Honorable Barbara M. Henley Virginia Beach City Council Cathy T. Parks Director - Consumer Affairs Division Office of the Commonwealths Attorney John Skirven Director - SEVAMP/Area Agency on Aging Jeff Becker Marketing Coordinator - Tidewater Regional Transit Dr. Laura Rae Hieby Virginia Beach Family Practice, Ltd. Mrs. Mary Russo Volunteer Coordinator Virginia Beach Volunteer Council During the aforementioned Forum, the topics raised, the focus of the discussion, and the recommendation to the Mayor are as follows: Crime Prevention: Ever-increasing violent crime against Seniors was a grave concern. The TRIAD Program encourages Senior Citizen participation in maintaining vigilance over the neighborhoods. The Committee heartily endorses the TRIAD Program. Elder Abuse: Physical and emotional abuse of Senior Citizens is present in our community. It is recommended that a peer support program involving Adult Protective Services as organizer be examined for applications in the City. This project as experienced in Manitoba, Canada made the most of willing volunteers in the Senior community and provided a needed response to reported instances of elder abuse and neglect. September 5, 1995 -3- CITY MANAGER's BRIEFING MAYOR'S COMMITTEE ON AGING ITEM # 39693 (Continued) Legal: Two issues arose pertaining to legal matters affecting Seniors: guardianship and powers of attorney. The General Assembly enacted a new series of statutes designed to allow interested third parties to inquire into the actions of the attorney-in-fact in cases of suspected abuse or fraud without court action (although court proceedings are now an option). It is recommended that these new provisions be disseminated to the public in any number of ways to encourage people to protect the interests of vulnerable Seniors. Housing: It was the general consensus that there is additional need for assisted living facilities in Virginia Beach, as well as for adult day care programs. It was recommended the City continue to be vigilant for the opportunity to obtain funds for lower income housing and rent- subsidized housing from HUD. Older Adult Services has compiled a list of available housing opportunities for the Senior community ranging from the lower income units to the modern continuous care facilities. Parks & Recreation: The recreation centers generally received high marks for their facilities and programs. In response to a compliant about fees, the Department has a program for waiver of the fees for citizens under certain financial circumstances. Volunteerism: The participants were extremely impressed and pleased at the extraordinary cost savings to the City provided by Mary Russo, the Volunteer Coordinator. A promising concept is to involve Seniors in the lives of our youth. The "Golden Circle" organization is an example of such a program, where Seniors have taught school children the art of ballroom dancing. A reversal of this traditional role offers new opportunities for mutual understanding; for example, youth teaching Seniors in a computer class. The Committee's recommendation is that a group be organized to examine ways to create a long-term, city-wide volunteer network to support existing programs and to fill the void where none exist with creative and meaningful volunteer opportunities. Transportation: Among Seniors, the concern relative transportation is less about commuting options than availability of door-to-door transportation options for medical appointments, prescription and grocery shopping and, of course, the recreation center visits. TRT cited funding problems as one of the reasons for the inability to serve those off the main routes. The Committee endorses the Handi-Ride allocation in the City budget. Westminster-Canterbury had donated a van to be used for these purposes. SEW~IMP promotes their R.S. WP. ride service, but cannot allow their vans to be used by outside volunteers. There is also a delay of up to two weeks for these rides. The Committee believes there is a solution to some of the problems in the utilization of vans loaned from churches, available volunteer drivers, coordinator and insurance arrangements by I~S.V.P. and perhaps some enabling and protective legislation. There was only one participant who expressed dissatisfaction with the imposition of a stormwater management fee. September 5, 1995 -4- CITY MANAGER's BRIEFING ELECTION DISTRICT REDISTRICTING - DEMONSTRATION 11:35 A.M. ITEM # 39694 City Attorney Leslie L. Lilley, advised the General ,4ssembly in its last Session mandated City Council alter its Electoral System for City Council Members from the City's historic and geographic based Borough system to an equally populated borough system. Mr. Lilley distributed the Reapportionment Working Schedule (Revised 8/30/95), the Instructions and General Guidelines for Drawing new Election Districts", the Reapportionment Working Schedule and the DR,4FT for a Notice of Public Hearings, a set of eleven maps, and a booklet entitled: "1990 Population By Race Breakdown, U.S. Census PL94 Data. ~ Jolilda Saunders - Planning Department, advised individuals tend to approach the drawing of maps in three ways; therefore, a set of maps has been provided for each of these approaches. Set A encompasses an approach of a demographer (just rough population and census blocks). It entails three maps to comprise the entire City. Set B comprises Voter Precincts and Set C is the 7-4 Plan. The last two of the eleven maps are only for reference purposes. There is a concentration of minority populations throughout the City of Virginia Beach. Mrs. Saunders illustrated an example for drawing new Election District Plans. The computer system existing in Planning is a Geographical Information System, which contain some physical attributes of the City and the population, which relates to these physical attributes. The Geographical Information System was purchased two years ago. The citizenry would pick the set of maps with which they are most comfortable (census tract map, voter precinct map, or 7-4 map) draw their districts and then bring this packet to the Planning Department. Miss Dool would take the maps and convert the paper map to an electronic format. Later Kim Brace of Election Data Services will perform an analysis of the proposed Plan's strengths and weaknesses. The ideal population for seven equally populated districts is 56,153. If you want your plan to comply with legal requirements for single-member districts, a deviation of plus or minus five percent for a total deviation of ten percent is presumed valid. Therefore, the districts should be plus or minus five percent of each other based on the 1990 population. Kim Brace - Election Data Services with the assistance of Jan Dool, Planning Department, operating the computer, demonstrated the system when the proposed plans are submitted. The computer will analyze the proposed Plans and pass information to Election Data Services in Washington, D. C. for their analysis. The Computer System allows manipulation of pieces of geography and immediately displays the respective population. Mr. Brace displayed the four districts and the population corresponding to each. Mr. Brace advised City Council has before them Population by the Precincts as they were in 1990. Election Data Services will be creating and working with the Voter Registrar to take the new precinct information and recreate that 1990 census data on the basis of the new precincts. This will be available to the City Council and citizenry by September Fifteenth. One will be able to recognize the current precincts and the population as of 1990 of those current precincts. General Guidelines in Drawing New Residence Districts for Council Elections Any proposed Plan must contain seven equally populated residence districts - The amended charter requires seven residence districts of approximately equal population. 2. Avoid diluting minority voting strength. September 5, 1995 -5- CITY MANAGER's BRIEFING ELECTION DISTRICT REDISTRICTING -DEMONSTRATION ITEM # 39694 (Continued) Each "election" district must have a clearly observable boundary consisting of' a. A named road or street; b. Any road or highway which is part of the Federa~ State, primary or secondary road system; c. Any river or stream or drainage feature 40 feet or more in width; or d. Any other natural or constructed or erected permanent physical feature, which is shown on the official county, city or town map issued by the Department of Transportation or on a United States geographical survey topographical map (Virginia Code Section 24.2-305) 4. Avoid splitting census blocks. From the standpoint of election adminsitration, and in order to avoid confusion by voters, it is desirable to avoid splitting precinct lines where possible. BY CONSENSUS, City Council DIRECTED the City Attorney and City Clerk to advertise PUBLIC HEARINGS and assistance to draw and submit plans for equally populated residence districts for City Council: October 24, 1995 6:00 P34. City Council Chambers November 14, 1995 2:00 P34. City Council Chambers September 5, 1995 -6- CITY MANAGER'S BRIEFING SOUTHEASTERN EXPRESSWAY 12:27 P.M. ITEM # 39695 The City Manager referenced DRAFTS of two proposed letters related to the Southeastern Expressway. These letters are for the purpose of stating the City's position to both the Commonwealth Transportation Board and the City of Chesapeake. Said letters are hereby made a part of the record. The Southeastern Expressway is a subject on the agenda for the Commonwealth Transportation Board scheduled for September 21, 1995. Mr. Robert Scott, Director of Planning, referenced the proposed letters advising the City is extremely concerned that any effort to "segment" the Oakgrove Connector from this project will provide an inappropriate example of segmentation. The Oakgrove Connector could and should go forward but only as the first phase of the eventual Southeastern Expressway to be constructed in its entirety. One comprehensive environmental document should be completed for the entire project from its intersection with Route 264 and 264 on the west, to the intersection with Route 44 on the east. The BEIO Option adopted by City Council on March 26, 1991, is still the City's alternative of record. Information relative the Southeastern Expressway from previous City Council Meetings will be provided to Council Members. BY CONSENSUS, City Council DIRECTED the City Manager to forward the letter to the Department of Transportation, AS AMENDED. Portions of the letter which state a definite position of City Council will be removed. September 5, 1995 -7- AGENDA REVIEW 1:00 P~I. SESSION The City/lttorney referenced: ITEM # 39696 I6a. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Ocean Front Limousine The City Attorney advised the opinion from the Attorney General had been received indicating the City Council does have the authority to regulate limousine and executive sedan carders. ITEM # 39697 Councilman Baum advised the Ordinance has been revised*: Lla Resolution to request the Virginia Department of Game and Inland Fisheries authorize the City of Virginia Beach to designate and post a section of Blackwater Creek as a "No Wake' Zone. (Sponsored by Councilman John A. Baum) Line 40 has been amended to read: "..Blackwater Road, representing a distance of approximately one-(-D mite three miles. ITEM # 39698 Councilman Dean expressed concern re: L. 3. Ordinance to ACCEPT and APPROPRIATE $4,500 from the Virginia Department of Forestry to the General Services Department's FY 1995-1996 Operating Budget re a Joint Study of Salt-tolerant Trees in a Maritime Environment Councilman Dean hoped adaptable trees for a maritime environment could be secured, and the City would not suffer the expense of another loss of trees in the resort area. ITEM # 39699 Councilman Dean advised Tony L. Arnold, Director - Office of Facilities Planning and Construction Virginia Beach School Board, will speak relative construction on Corporate Landing Middle School. L4. Resolution re application of the Virginia Beach School Board to the Literary Fund of Virginia for a $5,000,000 school construction loan to assist the City with a portion of the costs of Corporate Landing Middle School, in Corporate Landing Business Park (Project No. 1-021) (PRINCESS ANNE BOROUGH). September 5, 1995 -8- AGENDA RE VIEW SESSION ITEM # 39700 Councilman Dean advised Patricia Phillips, Director of Finance, will respond to concerns relative the audit during the Formal Session: L. 2 Resolution to direct the City Manager to expedite and extnznd the scope of the Independent Audit of the Virginia Beach School Board's FY 1995 Financial books and records. The City Manager distributed a copy of a memorandum from Patricia A. Phillips re Expansion of the Scope of the Annual Independent Audit. ITEM # 39701 BY CONSENSUS of City Counci~ the following items shall compose the CONSENT AGENDA: ORDINANCES/RESOL UTION 1.1. Ordinance to AMEND and REORDAIN Section 21-78 of the Code of the City of Virginia Beach re issuance of decals. L2. Ordinance to ACCEPT and APPROPRIATE $420,600 in additional revenue from the Virginia Division of Tourism Cooperative Tourism Advertising Fund to Convention and Visitor Development's FY 1995-1996 Operating Budget re the State's participation in a Regional Advertising Campaign. 1.3 Ordinance to ACCEPT and APPROPRIATE $4,500 from the Virginia Department of Forestry to the General Services Department's FY 1995-1996 Operating Budget re a Joint Study of Salt--tolerant Trees in a Maritime Environment. 1.4. Resolution re application of the Virginia Beach School Board to the Literary Fund of Virginia for a $5,000,000 school construction loan to assist the City with a portion of the costs of Corporate Landing Middle School, in Corporate Landing Business Park (Project No. 1-021) (PRINCESS ANNE BOROUGH). September 5, 1995 A RESOLUTION DIRECTING THE CITY MANAGER TO EXPEDITE AND EXPAND THE SCOPE OF THE INDEPENDENT AUDIT OF THE SCHOOL BOARD'S FY 95 FINANCIAL BOOKS AND RECORDS 10 11 12 13 14 15 16 WHEREAS, the Virginia Beach School Board has experienced an Operating Budget deficit for FY 95 in the amount of $7,384,529; WHEREAS, by Resolution adopted August 28, 1995, the School Board requested City Council to appropriate funds in this amount to the FY 95 School Operating Budget; WHEREAS, City Council is alarmed by the deficit, and seeks an explanation of its causes; and WHEREAS, City Council is concerned that the School Board's financial management control system does not contain adequate safeguards to prevent a similar problem from occurring in the future. 17 18 19 20 21 22 23 24 25 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed to expedite and expand the scope of the independent audit of the School Board's FY 95 financial books and records to specifically include an accounting of all funds of the School system, a report of the circumstances which led to the budget deficit, an assessment of the adequacy of the School Board's current financial management control system, and recommendations regarding any modifications to the current system which will prevent the reoccurrence of an operating and/or CIP budget deficit in the future. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of _~ptember , 1995. 30 31 32 33 CA-6071 ORDIN\NONCODE\SBBUDGET.RES R-7 September 5, 1995 -9- COUNCIL CONCERNS 1:15 P34. ITEM # 39702 Council Lady Parker referenced correspondence concerning charging the Jaycees $500.00 for lifeguard service during the East Coast Surfing Championship. The City Manager will provide information relative this fee. ITEM # 39703 Council Lady Henley requested an update from City Staff relative the status of conditions imposed upon the OLD DONATION FARM PARTNERSHIP applications (APPROVED June 1, 1987) BAYSIDE BOROUGH. Correspondence was received relative dedication of open space to the Homeowners Association. ITEM # 39704 Councilman Dean referenced a memorandum from Robert Scott, Director of Planning to James IC Spore, City Manager, re The Exum property located at 2624 Princes Anne Road. On August 8. 1995, City Council ,4 UTHORIZED RELEASE FROM THREE CONDITIONS upon application of DAVID EXUM for a Change of Zoning District Classification from AG-2 Agricultural District to B-1 Business Residential District imposed in the 19 January 1981 approved Application (Webb Dearer, Jr., and Marie Dearer). Information was provided relative the history of the property. Said memorandum is hereby made a part of the record. ITEM # 39705 Council Members Dean and Harrison advised the CORPORATE LANDING TASK FORCE REPORT is scheduled for the City Council Session of September 12, 1995. ITEM # 39706 Councilman Dean inquired relative the location of the October 10, 1995, Meeting concerning the status of Lake Gabon. The notice had stated the Strawbridge Recreation Center; however, Councilman Dean assumes the notice meant the Princess Anne Recreation Center. The City Manager will advise. ITEM # 39707 Council Lady Parker referenced the VERBATIM received relative the Conditional Zoning Classification approved by City Council on April 23, 1991, (R-lO to B-3, 1-2 to B-3, and B-2 to B-3). Council Ixtdy Parker requested verification of compliance by the applicant to the buffer requirements. The condition stated: "The Site Plan presented to City Council on April 23, 1991, shall be the official PLAN for development." September 5, 1995 - 10 - ITEM # 39708 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 5, 1995, at 1:20 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None September 5, 1995 - 11 - ITEM # 397O9 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employmeng assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 21-344 (A) (1). Appointments: Boards and Commissions: Advertising Agency Selection Committee Community Services Board LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). School Board Budget Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis Pu Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 - 12 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL September 5, 1995 2:15 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 5, 1995, at 2:15 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: Reverend Father Harold J. Cobb, Jr. Grace Episcopal Church PLEDGE OF ,4LLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. September 5, 1995 - 13 - Item IV-E. 1, CERTIFICATION OF EXECUTIVE SESSION ITEM # 39710 Upon motion by Councilman Jones, seconded by Councilman Dean, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, louis R. Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: Thc Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39710 Page No. 11 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to thc best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, Co) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAF, City Clerk September 5, 199:5 - 14 - Item IV-F. 1 MINUTES ITEM # 39711 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSION of August 22, 1995, and the SPECIAL SESSION of August 28, 1995. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 - 15 - Item IV-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 39712 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 5, 1995 - 16 - Item IV-H. 1. MA YOR 'S PRESENTATION ITEM # 39713 Mayor Oberndorf PROCLAIMED: SEPTEMBER 5,1995 AS KING NEPTUNE DAY Mayor Oberndorf introduced Nancy Creech, Executive Director - Neptune Festival, who advised the theme is "Neptune Celebrates the Roaring Twenties," as exhibited on the poster distributed to Members of City Council. Mrs. Creech presented King Neptune XXII - Richard Anthony Mladick, M.D. and Lady Ellie. The Honorable Robert McDonnell, on behalf of the Virginia House of Delegates, recognized Dr. Mladick with an inscribed plaque honoring him as King Neptune. September 5, 1995 {Iro lama ion Annually, thrnughnut the month of ~eptember, the residents of Virginia Beach and the surrounding areas are priuileged to enjoy the Virginia Beach Neptune Festiual and ali its festiutties; For twenty-two years, hundreds of uolunteers haue shared tn making each year better than the last as we celebrate our unique heritage and all that makes the City of Virginia Beach a proud community, all of which surroun~ the coronation of a special cttt~en as icing Neptune; and, The City of Virginia Beach commends icing Neptune ~II for the spirit of Neptune which he embodies -- generosity, c~uununtty awareness and inuoluement. ll~ll, ~ll{~el~, I, Meyera E. Oberndorf, Mayor of the City of Virginia Beach, Virginia, do hereby t~£~Ll~l: 995 calling upon all cltimens to join me in congratulating llept-aue 199S, ~ichara Im~Itm~ lLlaAick, e.D., in recognition and honor of this talentefi and graclous I11 {I~~ I~, I haue hereunto set my hand and caused the Official ~eaI of the City of Virginia Beach, Virginia, to be affixed this Fifth day of ~eptember, Nineteen Hundred and Ninety-Flue. meyera E. ~berndorf mayor -17- Item IV-H. 2. MA YOR 'S PRESENTATION ITEM # 39714 Mayor Oberndorf PROCLAIMED: SEPTEMBER 5, 1995 AS BOY SCOUT POPCORN AND CANDY SALE KICK-OFF Rick Barnhart, Tidewater Council Chairman for the Annt~ Boy Scout Popcorn and Candy Sale, and a Member of Troop 65 in Virginia Beach, introduced Chris King, Member of Pack 405 - Glenwood Elementary School. Chris presented the Mayor and City Council samples of the entire product of Boy Scout Popcorn and Candy. Today, September 5, 1995, over 4,000 Virginia Beach Cub Scouts, Boy Scouts and Explorers will begin talcing orders for this year's sale. The goal is to earn over $50,000. Chris expressed appreciation to the Mayor for serving as Honorary Chairman. Chris will report the results of the campaign in December. September 5, 1995 r la mat ion · a~~: The Ttdemater 6aunctI Bays ~cauts af i~erica, a nan-prefer Candy ~aIe ta raise $100,000 in ~auth ttamptan Reads far lace1 Cub $caut Packs, Bay ~caut Traaps and Explarer Pasts l These funds mill be used ta suppart IacaI pragrams far character develapment and values training far Bur yallth; and, ~cauts in Virginia Beach, representing 140 Traaps af Cub ~cauts, Bay ~cauts and Explarers. Virginia, do hereby ~P{£BB£R 5 , 1995 A~ that they reach their gaB1 and maintain the valuable services they pravide ~ur cnmmunlty. have hereunta set my han~ and caused the Official ~eal - 18 - Item IV-L CONSENT AGENDA ITEM # 39715 ORDINANCES/RESOL UTION Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED in ONE MOTION, Items 1, 2, 3 and 4 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessotns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 - 19 - Item IV-L1 CONSENT AGENDA ITEM # 39716 ORDINANCES/RESOL UTION Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to AMEND and RE, ORDAIN Section 21-78 of the Code of the City of Virginia Beach re issuance of decals 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, ~lliam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-78 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE ISSUANCE OF DECALS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-78 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 21-78. Issuance of decal generally; when plates or decals to be placed on sale. Upon payment of the license tax prescribed by this article and compliance with other applicable provisions of this article, the city treasurer shall issue to the applicant a license plate and decal for the vehicle for which the tax was paid. The city treasurer shall place on sale the vehicle plates or decals, for each license year, on and after the fifteenth day of December of ~ year .... ~ '~ ~ 1~ .......... first day of January of the license year. Adopted by the City Council of the City of Virginia Beach on this 5th day of September 1995. 25 26 27 28 CA-6031 DATA/ORDIN/PROPOSED/21-078.pro DATE PREPARED: July 21, 1995 R-1 APPROVED AS TO CONTENT C,ty Treasurer APPROVED AS TO LEGAL SUFFICIENCY - 20 - Item IV-L2 CONSENT AGENDA ITEM # 39717 ORDINANCES/RES OL UTION Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $420,600 in additional revenue from the Virginia Division of Tourism Cooperative Tourism Advertising Fund to Convention and Visitor Development's FY 1995- 1996 Operating Budget re the State's participation in a Regional Advertising Campaign. l~oting : 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 1 2 4 5 6 7 8 9 10 11 12 14 15 16 17 19 20 21 22 23 24 25 26 2'7 28 29 30 31 AN ORDINANCE TO ACCEPT AND APPROPRIATE $420,600 IN ADDmONAL REVENUES FROM THE VIRGINIA DIVISION OF TOURISM COOPERATIVE TOURISM ADVERTISING FUND TO CONVENTION AND VISITOR DEVELOPMENT'S FY 1995-96 OPERATING BUDGET TO PROVIDE FOR THE STATE'S PARTICIPATION IN A REGIONAL ADVERTISING CAMPAIGN WHEREAS, the Cities of Virginia Beach (through its Convention and Visitor Development Department and the Department of Museums), Hampton, Portsmouth, and Norfolk, and the Busch Gardens/Water Country USA organization have agreed to cooperatively develop, at an estimated cost of $607,875, a regional infomercial to be targeted at families with children; WHEREAS, the City of Virginia Beach will be developing, at an estimated cost of $392,725, an adverbsing campaign for the Canadian market to h~ghlight recreational opportunities in the area; WHEREAS, the virginia Division of Tourism felt that it was appropriate for them to participate in both the regional infomercial and the Canadian advertising campaign through a Cooperative Tourism Advertising Fund established by the General Assembly, and has prowded $420,600 as their part of both projects ($ 277,875 for the infomercial and $142,725 for the Canadian advertising campaign), WHEREAS, the remaining funds of $580,000 vail be provided as follows: Regional Infomercial Manne Science Museum $15,000 Convenbon & visitor Development $100,000 Canadian Advertising $0 $150,00O Hampton Tounsm $50,000 $0 Virginia Waterfront Comm~tee $100,000 $0 Children's Museum of Portsmouth $0 $15,000 Busch Gardens/Water Country USA $50,000 Totals $330,000 $100,000 $250,000 WHEREAS, the C~y of virginia Beach will act as the d~sbursement agent for the state funds, by providing them to the C~y's advertising agency; and WHEREAS, the City's contribution to these projects has already been appropriated in the FY 1995-96 Operating Budget as approved by the C~ Council on May 9, 1995 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby accepts and appropriates additional revenues in the amount of $420,600 from the Virginia D~s~on of Tourism Cooperative Advertising Fund to the FY 1995-96 Convention and Visitor Development Operating Budget for the purpose of supporting, through the d~sbursement of such funds to the City's advertising agency, the regional infomercial and the Canadian advertising campaign. All other funding shall be provided to the advertising agency by the participating cities and organizations through existing appropriations BE IT FURTHER ORDAINED: That estimated revenues from the Commonwealth of virginia are hereby, increased by $420,600. Adopted by the Council of the City of Virginia Beach, Virginia on the _5 day of SeptemDe,:1995 ~ , Approved as to Content Management Services CRW-F ~INBASKET~KBERDICK~DVERTIS ORD -- i i i i I APPROVED AS TO - 21 - Item IV-L3 CONSENT AGENDA ITEM # 39718 ORDINANCES/RESOL UTION Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $4,500 from the Virginia Department of Forestry to the General Services Department's FY 1995- 1996 Operating Budget re a Joint Study of Salt-tolerant Trees in a Maritime Environment. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy lC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 AN ORDINANCE TO ACCEPT AND APPROPRIATE $4,500 FROM THE STATE DEPARTMENT OF FORESTRY FOR A STUDY OF SALT TOLERANT TREES IN A MARITIME ENVIRONMENT WHEREAS, the Landscape Services D~vis~on of the Departmem of General Services is responsible for landscape design, installation, contract oversight, and maintenance of various c~ty-owned sites including roadways, parks, resort area and schools, 9 WHEREAS, the Landscape Services Dlvmlon of the Department of General Serwces has apphed for and been awarded 3. 0 a grant from the State Department of Forestry in the amoum of $4,500 for a jolm study with the Hampton Roads Agricultural 3. 3. Research and Extension Center of the Virginia Polytechnic Insntute and State Umverslty of salt tolerant shade and ornamental trees 'l 2 that are adaptable to a maritime environment, 13 14 lB WHEREAS, the grant is unappropriated, and requires matching funds that will be m the form of m-kind staff serwces, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA to accept and appropriate a grant totahng $4,500 from the State Departmem of Forestry to the FY1995-96 Operating Budget for the General Serwces Department for a joint study of salt tolerant trees m a mantune environment 19 2 0 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to mcrease 2 3_ Esnmated State revenue from the Commonwealth m the amoum of $4,500 22 23 Thlsordlnanceshallbeeffectlve from the da~ ofltsadoptlon F~fth 24 Adopted by the Coullcll of the C~ of Vlrglma Beach, Vlrglma on the d~ of September 1995 , 25 26 27 28 29 30 31 APPROVED AS TO CO~I~TEN.T DEPARTMENT OF MANAGEMENT SERVICES APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY 32 33 d \budget\95-96\lsgrant ord vol 48 sgh Item IV-L4 CONSENT AGENDA ORDINANCES~RESOLUTION ~EM#39~9 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution re application of the Virginia Beach School Board to the Literary Fund of Virginia for a $5,000,000 school construction loan to assist the City with a portion of the costs of Corporate Landing Middle School, in Corporate Landing Business Park (Project No. 1-021) (PRINCESS ANNE BOROUGH). 11-0 (By Consent) Council Members l~'oting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 RESOLUTION APPROVING AN APPLICATION OF THE VIRGINIA BEACH SCHOOL BOARD TO THE LITERARY FUND OF VIRGINIA FOR A SCHOOL CONSTRUCTION LOAN WHERF~S, in the FY 95-96 Capital Improvement Program, City Council 6 established Project No. 1-021, which is a middle school to be located in the Princess 7 Anne Borough in Corporate Landing Business Park; WHEREAS, funds for the construction of this middle school were 9 appropriated in the FY 95-96 Capital Budget, 10 WHEREAS, Section 22.1-146 of the Code of Virginia (1950), as amended, 11 authorizes the State Board of Education to make loans from the Literary Fund to school 12 boards for the purpose of erecting, altering, or enlarging school buildings; 13 WHEREAS, Virginia Code Section 22.1-158 requires each local governing 14 body to include in its tax levies and appropriate to its school board funds sufficient to 15 meet the school board's debt service on any such loan; 16 WHERFa~S, officials of the Virginia Beach School Board have prepared an 17 application addressed to the State Board of Education for the purpose of borrowing from 18 the Literary Fund $5,000,000 to assist the City in paying a portion of the costs of this 19 project, which loan will be in lieu of an equivalent amount of general obligation bonds 20 previously authorized for the project; 21 WHERF~S, the loan will be paid in twenty (20) annual installments at an 22 annual interest rate of three (3) percent; and 23 WHERFa~S, City Council desires to support this request and believes it to 24 be appropriate. 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA; 27 1. That the application of the Virginia Beach School Board to the State 28 Board of Education for a loan of $5,000,000 from the Literary Fund is hereby approved. 29 2. That City Council hereby agrees to include in its tax levies and 30 appropriate to the School Board funds sufficient to meet the School Board's debt service 31 on this loan. 32 This resolution shall be in effect from the date of its adoption. ~day of Approved by the Council of the City of Virginia Beach, Virginia, on the September ,1995. APPROVED AS TO CONTENT Department F \USERS'~LEJEUNE~FORMS~SBRESOLU WPD APPROVED AS TO LEGAL SUFFICIENCY V A 00~ 111)6 Name of School No. APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA Corpora,e Landing Middle School Name of County-City Virginia Beach TO THE STATE BOARD OF EDUCATION, Richmond, Vlrgima' Gentlemen The School Board for the O~-Caty of v t,9 ~ n ! ~ _ne-_ct, hereby makes application for a loan of $ ~.000.000 from the Literary Fund of Vlrg]ma for the purpose of erecting, enlarging, or altenng (making permanent improvement to) a school building located at 15o7 C,,r'po_r'a~+o LandTng P_~rk_~_~, , as follows (Describe briefly) PI at recorded I.~ Map Book 206, Page 1. 1 The smd building, add~uon, or permanent improvement described above, to be of Br l ck arLd_~e*e Masonry (Type of construction, brick, frame, etc ) will be used as a __ Mtaa~,:, .%hc,,~ building, and ]s est]mated to cost $__ZL493.258 (Elem,H S,Comb Elem &HS) 2 The total estimated value of the emstlng school plant, including site, plus the proposed butlding addition, or perma- nent ~mprovement thereto, ]s $ No, App I I c~h I o~ 3 There ]s at present a loan from the Ltterary Fund on this __. of $ Not App I I cab I e (Building or school plant~ the amount 4 The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there- to, and site, on account of which such loan ~s made + 5 The s~te on which this budding, addmon, or permanent ~mprovement, will be located contains - 39 acres, + of whmh - 33 __ acres are well suited and useable, or can be easflv improved and made useable, for playground and recreauonal purposes 6 The plans and specifications for the building or ~mprovement, complying ',v~th Mlmmum School Building Re- qmrements, have been or will be approved by the d]ws]on superintendent of schools and the Superintendent of Pubhc Instrucuon before construct]on xs begun It ~s understood that the State Board of Educauon reser,,es the right to with. hold any part or all of the amount of th~s loan, ~f the plans and spec]ficauons approved by the Supenntendent of Public Instruction are not followed. (1) The proposed building, addition, or permanent improvement, is desirable because (Explain briefly) This school will hou~ approximately 1800 students lA the Princess Anne Borough. Without this _~chool~ crowded conditions will continue to lmpac~ surrounding middle schools. 8. The present total ~ndebtedness of the County-City for school buildings is $__2I~__t292t205 lOt236t046 is owed to the Literary Fund. , of which 9 This County-City has not defaulted or fmled to meet ~ts debt service obligations as and when due for the past five years except, as follows Not app I I cab I e. 10 Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the provisions of "Minimum Requirements and Standards for School Buildings,' Regulations State Board of Education 11 The building or ~mprovement for which th~s apphcatxon for a loan is made ~s part of a long-range planning program in accordance with the prov~sions of "M~mmum Reqmrements and Standards for School Braidings," Regulauons State Board of Educauon, and is recommended m the study or survey made by (g~,e title and date~ 12 Th~s loan is to be made for 20 years, and ~s to be paid in 20 annual ~nstallments, w~th ~nterest at 5 to 20 5 to 20 the rate of 3 per centum per annum, payable annually 13 The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this apphcation), agreed to provide for the repayment of this loan 14 The School Board ~s not ~n default ~n the payment of any part of the principal of any previous loan from the Lit- erary Fund and, for at least two years ~mmedlately before this loan, has not been more than slx months in default in the pay- ment of ~nterest due on any loan from the L~terary Fund G~ven under my hand th~s the day of THE SCHOOL BOARD OF Virginia Beach , Clerk , Chairman SEAL (2) Ax A MEEaUNO of the Board of Supervisors for the County of for the Czty of ¥!rg!nt~ Re_,,ch , held in the said County or C~ty on the WHEREAS, The School Board for the County of of ¥1rglnl~, Beach , on the day of , 19 _ or the Council day of , or City . , presented to thxs Board or Council, an application addressed to the State Board of Education of %rgmta for the purpose of borrowing from the L~terary Fund $ 5,000,000 for the new school building (or for adding to or improving the present Corporate Landi no school bmlding) at ,u, l dd4_~.4~hoo4 , to be pa~d in __20 annual installments, and the interest thereon at 5to20 3 per cent pard annually. RESO~.VEn, That the apphcauon of the County or City School Board to the State Board of Education of Virginia for a loan of $---- 5, 000, 000--- from the Literary Fund Is hereby applo~ed, and authority ~s hereby granted the sa~d County or City School Board to borrow the sa~d amount for the purpose set out m satd apphcation The Board of Supervisors for said County or Council of smd C~ty will each year dunng the life of this loan, at the time they fix the regular lev~es, fix a rate of le,~y for schools or make a cash approprlatmn sufficient for operatmn expenses and to pay th~s loan ~n annual ~nstallments and the interest thereon, as required by law regulating loans from the LlteraD Fund I hereby certify that the foregoing ts a true copy as taken from the minutes of the Board of Supervtsors for the County of or the Council of the C~ty of Vlrglnla Beach , Clerk SEAL BOARD OF SUPERVISORS FOR THE COUNTY OF COUNCIL FOR THE CITY OF Vlr~Inla Beach ATTORNEY'S CERTIFICATE OF TITLE THIS IS TO CERTIFY that I, Diane M. Greene a qualified and competent attorney, Attorney for Ehe Ci;y of Virginia Beach have examined the t~tle of the Sch~l Boa;d of the City of Virginia Beach ~~~, Vlrg~ma to that certain lot, parcel or tract of l~d re- ferred to m the attached apphcat~on, and that the School Board of Vi tgi n ~ n Boa c h; ~ , has a fee simple t~tle to smd land, and the same ~s free from encumbrances, except as noted in attached summa~ Executed this 7 ~' h day of A.g. s t , 19 9 5 Attorney for the Commonwealth for Attorney, or City or County County or C~ty Diane M. Greene, Assistant City Attorney City of Virginia Beach, Virginia CERTIFICATE OF THE CLERK OF COURT + 39 WHEREAS, the school board of the governing body of __Virginia Beach __ owns -- acres of real estate ~n county or city of V~rgini~ .Boach . Virginia, on which to erect the school building described in thru apphcatlon The t~tle deed to this property ~s recorded ~n the clerk's office for county, or Virginia Beach c~ty, ~n deed book number 3170 page 112 , book number __ __, page , book number __ , page ONE That the title to the real estate has been examined and approved ~n wl~tmg b} the attorney for the Commonwealth the county or city attorney or other competent attorney and h~s report filed w~th the clerk of the court Two That the certificate of the attorney examining the title shows that the school board or the goxermng body o[ Virginia Beach ~ has a good and sufficient title in fee simple to the real estate subject to the (follox~lng) (no; encumbrances (note encumbrances, xf an_y).,< Given under my hand this the day of SEAL Tins APPLICATION has been reviewed and checked against "Minimum Requirements and Standards for School Buildings" Date Attorney's Certificate of title and this application approved thru, the Assoczate Dzrector of Energy & Facd~ttes Servzces · day of 19~ Attorney General of Vtrg~nta Approved by the State Board of Education, For Secretary State Board of Education (4) STATEMENT OF THE COUNTY OR CITY TREASURER 1 Assessed Value of Real and Personal Property, subject to taxation for countv school purposes at date of this report Real Estate Tangible Personal Property Pubhc Service Corporauons Total 6/30/95 $ 17,504t870t 285 6/30/95 $. 1,614,785,2~) 6130/95 $ 598,450,332 $. 19,718,1(26,837 Income of the County or City for school purposes for current fiscal year County School Levy Cash Appropnauons (local) ~ 95-96 Total 173t 724,454 4,5(Dt0CD 178,224,434 Indebtedness of County or City (including districts) for school purposes at date of this report L~terary Fund Loans Long-Term Bonds Temporary, Loans Total 7/15~ $ X)4,292,306 4 Record of School Bonds Outstanding (not ~ncludlng Literary Fund Loans) Long-Term School Bonds Date of Issue Date of Issue Date of Issue Maturity Maturity Maturity Rate of Interest Rate of Interest Rate of Interest % % % Date Pa,vments for Indebtedness from school funds for current fiscal year To Literary Fund of V~rglnxa, Including Interest To Smk~ng Fund for Retirement of Long-Term School Bonds Long-Term School Bonds pa~d, including Interest Total Temporary Loans Paid' (Include those to be prod before end of current year ) $ - $. ~5,806,047 $. 27,933,989 Total Indebtedness Prod $ I certify that the above ~s a true statement concerning the school fu VirqJs'da 13aacfi f°r the year 19~-- ' 19~---' acc°rdlng t° the rec°rds °f mY °ffice ~~ 7 . for V~~ ~ County or City , Treasurer Coul'l~-y City (b) City of Virginia Beach, VA School Bonds Outstanding Bond Issue 1976 1977 1978 1985 1986 1986 Public Improvement Public Improvement Public Improvement Pub Impr. Refunding Public Improvement Pub Impr. Refunding 1987 Public Improvement *, 1988-A Public Improvement * 1989-A Public Improvement * 1990-A Public Improvement *, 1991-A Public Improvement *, 1991-A Va Pub School Auth 1991-C Public Improvement ° 1992 Pub Impr Refunding 1992 Public Improvement 1992 Va Pub School Auth 1993-A Public Improvement 1993 Refunding 1994 1995 Public Improvement & Refunding Public Improvement ISSU8 Date 12/01/76 12/01/77 1 2/01/78 11/15/85 05/01/86 09/01/86 05/15/87 04/15/88 10/01/89 06/01/90 03/01/91 07/31/91 08/01/91 02/01/92 11/01/92 11/1 2/92 04/15/93 04/15/93 03/15/94 01/15/95 Maturity Date 08/01/96 10/01/97 10/01/98 12/01/97 05/01/06 07/15/04 05/01/07 04/15/08 10/01/09 06/01/10 03/01/11 07/15/11 08/01/11 02/01/07 07/15/12 07/15/12 07/15/13 07/15/11 11/01/13 09/01/14 Rate of Interest 4.803472% 4.9517% 5.6296% 7.577744% 6.95958% 7.042% 7.016016% 6.864797% 6.952442% 6.95286% 6.587601% 6.447% 6.359438% 5.591571% 5.624127% 5.86289% 5.1751574% 4.9999386% 5.537492% 5.921% ° A portion of this issue has been refunded (1993 Refunding Bonds dated 04/15/93). *° A portion of this issue has been refunded (1992 Public Improvement Refunding Bonds, dated 02/01/92) *** A portion of this issue has been refunded (1994 Public Improvement Refunding Bonds, dated 04/15/94) Item IV-I. 5 ORDINANCES/RESOL UTION ITEM # 39720 Attorney Morris H. Fine, 2101 Parks Avenue, represented Runnymede, and spoke in SUPPORT of 5. b. (Reject use of City-owned property at South Independence Boulevard and Holland Road for a new building to house the Dements of Social Services and Health; and, approve one of the other options previously recommended to City Council by staff, specifically Rosemont site.) A motion was made by Council l_xtdy Strayhorn, seconded by Council Lady Henley to Reject use of City- owned property at South Independence Boulevard and Holland Road for a new building to house the Departments of Social Services and Health; and, approve one of the other options previously recommended to City Council by staff (Runnymede property). Upon SUBSTITUTE MOTION by Councilman Dean, seconded by Councilman Jones, City Council: REJECTED South Independence Boulevard and Holland Road site for a new building to house the Departments of Social Services and Health (KEMPSVILLE BOROUGH); and, AUTHORIZED staff to review all other options and make further recommendations to City Council within thirty (30) days. l/'oting : 7-4 Council Members Voting Aye: Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, Harold Heischober, Barbara M. Henley and Louisa M. Strayhorn Council Members Absent: None September 5, 1995 - 24 - Item 1V-L 6a. ORDINANCES/RESOL UTION ITEM # 39721 Attorney Jeff Sachs, 600 Ryder, Phone: 474-0900, represented the applicant Police Officer Spreder, spoke relative his recommendation for DENIAL based upon criminal history of the applicant. Upon motion by Vice Mayor Sessoms, seconded by Council Ixtdy Strayhorn, City Council DENIED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: Ocean Front Limousine Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 - 25 - Item IV-L 6b. ORDINANCES/~SOL UTION ITEM # 39722 Upon motion by Councilman Dean, seconded by Council Lady Strayhorn, City Council APPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: Heritage Limousines Company Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 - 26 - Item IV-J. APPOINTMENTS ITEM # 39723 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ADVERTISING AGENCY SELECTION COMMITTEE COMMUNITY SERF'ICES BOARD September 5, 1995 - 27 - Item IV-J. UNFINISHED BUSINESS ITEM # 39724 Tony L. Arnold, Director - Office of Facilities Planning and Construction Virginia Beach School Board, advised a Design and Review Committee was formed for all new school construction projects. Concerning the Corporate Landing Middle School, the School Board is in the process of utilizing currently built plan (the Larkspur Plan), but is not a repeat of the Larkspur Middle School. Approximately 11,000 square feet will be eliminated from this plan. The allotted construction budget is approximately $17.S-MILLION. The School Board will go to bid in November 1995. The total square footage of Larkspur Middle School is 247,264 square feet. The Site Plan and a list of Cost Savings and Construction Cost Estimate of the Corporate Landing Middle School was distributed to City Council and is hereby made a part of the record. September 5, 1995 - 28 - Item IV-L.l.a. NEW BUSINESS ITEM # 39725 COUNCIL-SPONSORED ITEMS Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS REI~rlSED*: Resolution to request the Virginia Department of Game and Inland Fisheries authorize the City of Virginia Beach to designate and post a section of Blackwater Creek as a "No Wake" Zone. (Sponsored by Councilman John A. Baum) *Line 40 has been amended to read: "..Blackwater Road, representing a distance of approximately one-(-19 mite three miles. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 - 29 - Item IV-L.Z NEW BUSINESS ITEM # 39726 COUNCIL-SPONSORED ITEMS Patricia A. Phillips, Director of Finance, advised the operating deficit incurred by the Virginia Beach School Board ,for the fiscal year ended June 30, 1995, amounts to approximately $10.4-MILLION, less an unbudgeted refund receivable from the VRS of $3.0-MILLION, for a "net" deficit of $7.4- MILLION. Mrs. Phillips has met with the City's independent auditors, KPMG Peat Marwick, and informed them of the School Board's deficit and directed them to expand their normal audit procedures to include: An opinion that the financial statements for the School Board's various funds, as prepared by the City's Finance Department, are fairly stated. Report on the specific areas of over expenditure and on the circumstances, which led to the deficit. Mrs. Phillips also recommended that Peat Marwick provide oversight and review of City staff recommendations to improve the Schools Board's financial management control system. Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED*: Resolution to direct the City Manager to expedite and expand the scope of the Independent Audit of the Virginia Beach School Board's FY 1995 Financial books and records. *On line 26 the words "and/or CIP shall be added afier the word "operating" and before the word "budget". Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R~ Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 Requested by Councilmember John A. Baum 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES TO AUTHORIZE THE CITY OF VIRGINIA BEACH TO DESIGNATE AND POST A SECTION OF BLACKWATER CREEK AS A "NO WAKE" ZONE WHEREAS, Blackwater Creek (the "Creek") meanders noticeably in the area of the bridge across Blackwater Road, and the banks of the Creek come close to residential properties in this area; WHEREAS, owners of powerboats frequently operate their watercraft in the Creek without regard for their speed or the wake they create; WHEREAS, the excessive wake created by these powerboats endangers persons operating smaller watercraft such as canoes, fishing boats and paddle boats, and also causes damage to waterfront properties by constantly eroding Creek banks; WHEREAS, because of the problems created by the high speed operation of such powerboats and their excessive wake, various property owners along the Creek, especially those in the area of the bridge, have requested that the area from the headwaters of the Creek to the last inhabited property east of Blackwater Road be designated and posted a "no wake" zone; WHEREAS, the Creek is under the regulatory jurisdiction of the Virginia State Department of Game and Inland Fisheries; WHEREAS, this Department has indicated its willingness to authorize the City of Virginia Beach to post and enforce a "no wake" zone in this area of the Creek upon the completion of a period of public notice, a favorable recommendation by the City Council, and the submission of a completed application; and WHEREAS, the required public notice has been advertised indicating that this matter would be considered by City Council at its meeting on September 5, 1995. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby recommends that the State Department of Game and Inland Fisheries authorize the City of Virginia Beach to designate and post, as a "no wake" zone, that section of Blackwater Creek from its headwaters to the last inhabited property east of Blackwater Road, representing a distance of approximately three (3) miles. BE IT FURTHER RESOLVED: That, in furtherance of this request, the City Manager is hereby authorized and directed to submit an application to the State Department of Game and Inland Fisheries, and to include therewith such information and documentation as may be required by the Department. 47 48 49 5O 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ ~ day of ~~.e~.. 1~3~_ , 1995. CA-6069 ORDIN \NONCODE \NO-WAKE. RES R-3 PREPARED: SEPTEMBER 5, 1995 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENC AND FORM / CITY ATTOI~NrY - 29 - Item IV-L.Z NEW BUSINESS ITEM # 39726 COUNCIL-SPONSORED ITEMS Patricia A. Phillips, Director of Finance, advised the operating deficit incurred by the Virginia Beach School Board for the fiscal year ended June 30, 1995, amounts to approximately $10.4-MILLION, less an unbudgeted refund receivable from the I/RS of $3.0-MILLION, for a "net" deficit of $7.4- MILLION. Mrs. Phillips has met with the City's independent auditors, KPMG Peat Marwick, and informed them of the School Board's deficit and directed them to expand their normal audit procedures to include: An opinion that the financial statements for the School Board's various funds, as prepared by the City's Finance Department, are fairly stated. Report on the specific areas of over expenditure and on the circumstances, which led to the deficit. Mrs. Phillips also recommended that Peat Marwick provide oversight and review of City staff recommendations to improve the Schools Board's financial management control system. Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED*: Resolution to direct the City Manager to expedite and expand the scope of the Independent Audit of the Virginia Beach School Board's FY 1995 Financial books and records. *On line 26 the words "and/or CIP shall be added after the word "operating" and before the word "budget". Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 5, 1995 A RESOLUTION DIRECTING THE CITY MANAGER TO EXPEDITE AND EXPAND THE SCOPE OF THE INDEPENDENT AUDIT OF THE SCHOOL BOARD'S FY 95 FINANCIAL BOOKS AND RECORDS 10 11 12 13 14 15 16 WHEREAS, the Virginia Beach School Board has experienced an Operating Budget deficit for FY 95 in the amount of $7,384,529; WHEREAS, by Resolution adopted August 28, 1995, the School Board requested City Council to appropriate funds in this amount to the FY 95 School Operating Budget; WHEREAS, City Council is alarmed by the deficit, and seeks an explanation of its causes; and WHEREAS, City Council is concerned that the School Board's financial management control system does not contain adequate safeguards to prevent a similar problem from occurring in the future. 17 18 19 20 21 22 23 24 25 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed to expedite and expand the scope of the independent audit of the School Board's FY 95 financial books and records to specifically include an accounting of all funds of the School system, a report of the circumstances which led to the budget deficit, an assessment of the adequacy of the School Board's current financial management control system, and recommendations regarding any modifications to the current system which will prevent the reoccurrence of an operating and/or CIP budget deficit in the future. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of L~pteaber , 1995. 30 31 32 33 CA-6071 ORDIN \ NONCODE \ SBBUDGET . RES R-7 September 5, 1995 Item IV-L.3. a./b. NEW BUSINESS ITEM # .19727 COUNCIL-SPONSORED ITEMS BY CONSENSUS, City Council DESIGNATED VOTING DELEGATES: VIRGINIA MUNICIPAL LEAGUE (VML) - Oct 8-10, 1995 Business Session and Urban Section: Voting Delegate - Alternate Delegate - Mayor Meyera E. Oberndorf Council Lady Nancy K Parker NATIONAL LEAGUE OF CITIES (NLC) -Nov 29-Dec 2, 1995 Annt~ Conference: Voting Delegate - Alternate Delegates - Mayor Meyera E. Oberndorf Councilman Robert IC Dean Council Lady Louisa M. Strayhorn September 5, 1995 - 31 - Item IV-M. ADJOURNMENT ITEM # 39728 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:53 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smitl~ CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 5, 1995