HomeMy WebLinkAboutAPRIL 2, 1996 MINUTES
n Xoads
irs Caucus
March 15,1996
Memorandum #96-71 Fe
TO: Hampton Roads Mayor* & Chairs Caucus MAR 19 1996
BY: William E. Ward, Chalffnan RFF',CF If 3--it 0,AY-@R
@ITY ef YININIA dEr4a
RE: Follow Up to our March 8th Meeting
Although we had excellent attendance at our meeting in Portsmouth, I thought it
would be helpful to review what we agreed to do for those who could not attend.
On the matter of ft Hampton Roads Partnership, we agreed to move forward with
local resolutions of support. A suggested Resolution format was included in the
packet sent with our March Sth meeting notice. We agreed that the local
government contributions would be tiered, with smaller communities paying
somewhat less than tm larger ones. Hampton City Manager Bob O'Neill will work
out a recommended formula which will be shared with us as soon as possible and
certainly before our next meeting, April 26th in Norfolk.
On the subject of professional sports and associated quality of life infrastructure,
the following actions were agreed to:
1 . We agreed it was appropriate to move forward as a region, in a
public/private partnership, to determine if this market has enough
business sector support to lease the necessary luxury boxes and provide
the other financial support to compete for a major league franchise and get
a facility built. The impact on existing local facilities will also be examined.
2. Art Collins would obtain information from the Greater Norfolk Corporation
to explain their board structure and composition, legal status, funding, and
other pertinent data for our consideration as a contracting vehicle for future
studies on regional sports issues (enclosed).
3. By April lst, we agreed to bring to our respective local governments for
aztion, two issues. The first is whether or not to participate in the studies
and be part of the effort and the second is to obtain a preference for having
the Greater Norfolk Corporation a the contracting vehicle, which seemed
to be the consensus on the 8th, or use a completely public organization
such as HRPDC or the existing eight community Sports Authority of
Hampton roads. These actions would be sent to Art Collins by April 12th
for inclusion in our April meeting agenda. for inclusion in our April meeting agenda.
clo Hampton Roads Planning District Commission
723 Woodiake Drive - Chesapeake, Virginia 23320 - (804) 420-8300
Memorandum #96-71
March 15,1996
Page 2
4. Enclosed is the final version of HB 1234 which enables the fifteen
communities in Planning District 23 to form a sports authority. As I
understand it, the recently passed enabling legislation does not differ
markedly from vaiat is pennifted in the existing sports authority legislation.
We can decide on that matter later.
I thought we had an excellent meeting last Friday in Portsmouth. I am
encouraged that we can work together on issues that are important to the quality
of life of our citizens and which may ultimately improve our economic
competitiveness. Please give me a call if you have any questions at 547-6462.
Enclosures
cc: Chief Administrative Officers
Art Collins, HRPDC
reate or o rporation Dedicoted lo the Future of NorfoLk
215 E. Plume Street - Selden Arcade -Suite 206 -Norfolk, Virginia23510 804/622-2242
Mailing Address - P.O. Box 3224 - Norfolk, Virginia 23514 FAX 804/622-4553
March 11, 1996
Mr. Arthur Collins
Executive Director
Hampton Roads Planning
District Commission
The Regional Building
723 Woodlake Drive
Chesapeake, VA 23320
Dear Art:
Pursuant to our conversation on Friday, I am writing to provide
you with some background information about the Greater Norfolk
Corporation.
The Greater Norfolk Corporation is a non-profit 501 C-6
corporation composed of the Chief Executive officers of leading
businesses and institutions in Norfolk. The mission of the Greater
Norfolk Corporation is to provide a private sector perspective in
support of economic development to the City of Norfolk through
initiatives, consultations and interactions with city government and
other appropriate entities.
In layman terms, the mission of the Greater Norfolk Corporation
is to marshall the resources of the private sector in support of the
City of Norfolk, with a particular focus on economic development.
The Greater Norfolk Corporation was born out of a recognition that
successful cities all across America have one common denominator; and
that is a strong public/private partnership. Greater Norfolk serves
to enhance the public/private partnership here in Norfolk. With
respect to Greater norfolk's funding, we receive no monies from the
City of Norfolk. our budget is entirely derived of dues from our
private sector Board Members. The staff of the Greater Norfolk
Corporation consists of two, an Executive Vice President (myself) and
an Administrative Assistant.
Enclosed for your benefit is a copy of our board roster. Should
you have any questions, or if I can be of any additional assistance
to you, please do not hesitate to call.
Sincerely,
Barry C. Bishop
Enclosure
H R P D C
MAR 1 2 1996
R EC @-I V L-: [)
GREATER NORFOLK CORPORATION
BOARD OF DIRECTORS DIRECTORY LISTING
Mr. Alfred E. Mr. J. Robert President
Abiousness, Bray, Executive Curtex
President Director Construction
Abiousness, cross Virginia Port
Bradshaw, Inc. Authority Charles N. Cooper,
Esquire
Dr. Mason C. Dr. E. E. Of Counsel
Andrews Brickell, Mezzullo &
Jones Institute President McCandlish
Medical College of
Mr. James F. Hampton Roads Mr. Blake Cullen,
Babcock, Chairman President
First Virginia Mr. Macon F. Brock Admirals Hockey
Bank of Tidewater President and Club
Chief Executive
Mr. Stephen Officer Mr. Edward E.
Ballard, Dollar Tree Cunningham
President/CEO Stores, Inc. President and CEO
S.B. Ballard, Inc. Life Savings Bank
Mr. Thomas J.
Mr. Frank Batten, Brockenbrough Mr. Clifford A.
Jr. Vice President Cutchins, III
President and First Colony Retired Chairman
Publisher Coffee & Tea Co., of the Board
The Virginian- Inc. Sovran Financial
Pilot Corporation
Mr. David L. Bernd Mr. Stewart H. Mr. Donald M. Dale
Executive Vice Buckle, III Managing Partner
President and Goodman & Company
Chief operating Mr. Wilbur (Bill)
Officer Burch Mr. Joshua P.
Sentara Health Resident Vice Darden, Jr.
Systems President Darden Properties,
Mr. Thomas F. Betz Merrill Lynch Inc.
Mays & Valentine Mr. William K. Mr. Robert A.
Butler, II Dardenne
Mr. Gilbert Bland, President - Norfolk Managing
President Eastern Region Partner, Retired
Tymark Crestar Bank Price Waterhouse
Enterprises, Inc.
Mr. John Carr Mr. Peter G.
Mr. William E. Chief Executive Decker, Jr.
Boggs, Plant Officer Decker Cardon
Manager Tarmac America, Thomas
Ford Motor company Inc. Weintraub and
Coureas
Mr. Robert Bonar Ms. Nancy 0.
Chief Executive Chandler Mr. Arthur
Officer Nancy Chandler Diamonstein
Children's Associates Chairman of the
Hospital of the Board
King's Daughters Mr. Peter Coe, Paramount
President Industrial
Mr. Robert Friend Taste Unlimited Companies, Inc.
Boyd
Boyd & Boyd, P.C, Mr. Curtis Cole,
Mr. Lyman B. Mr. William A. Mr. James W.
Dickerson, Fox, President Griffiths,
President Virginia Natural President
Ecolochem, Inc. Gas Watters &: Martin,
Inc.
Mr. Gerald S. The Hon. Paul
Divaris, President Fraim, Mayor Mr. Charles
Divaris Real City of Norfolk Gwaltney, Area
Estate Manager
Mr. D. B. Frye, C&P Telephone
Mr. Ronald I. Jr., President Company
Dozoretz, Frye Properties
President Mr. Louis S.
First Hospital Ms. Rowena Haddad, President
Corporation Fullinwider, Armada Hoffler
President Construction Co.
Mr. David A. Rowenals, Inc.
Durham Mr. Elden Hale
Senio- vice Mr. Robert C. President/General
President Gibson Manager
Crestar Bank - President and WTKR-TV 3
Chief Executive
Mr. Aubrey J. Officer Mr. Conrad Hall
Ellis Clark Nexsen Owen President and
Vice Barbieri & Chief Executive
President/Branch Gibson officer
Manager Trader Publishing
A.G. Edwards & Mr. Steve R. Company
Sons, Inc. Gibson
Senior Vice Mr. Stephen D.
Mr. Stephen F. President Halliday
Evans Regional Executive Managing Partner
Managing Partner NationsBank Coopers and
KPMG Peat, Lybrand
Marwick, Mr. Richard S. and
Main & Company Michael Glasser Mr. Glenn W.
Attorneys and Hampton
Mr. Richard A. Counsellors at Law McGuire Woods
Eychner Glasser & Glasser Battle and Boothe
General Manager
American Funds Mr. Richard A. Mr. Alan Hartman,
Group, Inc. Goldbach, District Manager
President Virginia Power/NC
Mr. Brad Face Metro Machine Power
Chief Executive Corporation
officer Mr. Henry Clay
The Face Companies Mr. Jack E. Greer Hofheimer, II
Williams Kelly &
Mr. Rick Felker Greer, P.C. Mr. T. Parker
Chief Executive Host,
officer Dr. William T. Jr.,President
Goodman Segar Greer, Jr., T. Parker Host,
Hogan Hoffler President Inc.
Virginia Wesleyan
Mr. William J. College Mr. Harold C. Hoy,
Foster III President
President-Eastern Mr. Earl T. Hoy Construction,
Region Gresham, Jr. Inc.
Central Fidelity E.T. Gresham
Bank Company
Mr. Doyle E. Hull Mr. Ron Kramer, Mr. John Morison
Chairman - Board President President and
of Commissioners Kramer Tire General Manager
Norfolk WHRO-TV/WHRO-
Redevelopment and Joseph A. Leafe, FM/WHRV-FM
Housing Esq. Willcox &
Authority - NRHA Savage, P.C. Mr. Robert C.
Nusbaum
Mr. Thomas A. Mr. Miles Leon, Hofheimer,
Hyman, Jr. President Nusbaum,
Vice President - S.L. Nusbaum McPhaul &
Eastern Division Realty Co. Samuels
Virginia Power/ NC
Power Mr. Harvey L. Mr. Richard D.
Lindsay, Jr. O'Leary, President
Mr. Michael S. Chairman/CEO Cruise
Ives, Harvey Lindsay International/CI
President/CEO Commercial Real Travel
CENIT Bank, FSE Estate
Mr. Charles E.
Mr. W. MacKenzie Mr. Dan Marone, Payne
Jenkins General Manager Payne Gates
MacKenzie Fibres Waterside Marriott Farthing & Radd
International Hotel
Mr. Dickinson B.
Mr. Stephen A. The Hon. Roy B. Phillips
Johnsen, President Martin Vice President
The Flagship VA Investment
Group, Ltd. Mr. Vincent J. Counselors, Inc.
Mastracco, Jr.
Mr. Thomas G. Kaufman & Cancles Mr. George G.
Johnson, Jr. Phillips, Jr.
Willcox & Savage, Mr. John P. Matson Chairman of the
P.C. Executive Vice Board
President Henderson &
Mr. William J. Signet Bank Phillips, Inc.
Jonak, Jr.,
President Mr. Bruce Melchor, Mr. Arthur G.
Jonak & Company President Polizos, Chairman
Boyd-Bluford, Inc. The Polizos Agency
Mr. J. Jerry
Kantor, President Mr. E. G. Mr. Richard
Broudy-Kantor Co., Middleton, Jr., Polley, Vice
Inc. President President
E.G. Middleton Properties Group-
Mr. Robert J. Co., Inc. Military Circle
Keogh, President Mall
Heritage Bank and Mr. Perry Miles,
Trust President Mr. H. B. Price,
Spirit Cruises III
Mr. Wiley Kidd, The Teren Co.
President Mr. A.C. (Gus)
Empire Machinery & Miller, President Mr. Scott Rigell,
Supply Corp. Miller Oil Co.-, President
Inc. Freedom Ford
Dr. James V. Koch,
President Mr. Harvey Moore, Mr. William L.
Old Dominion General Manager Rueger
University Omni International Group III
Hotel - Norfolk Communications,
Inc.
Mr. George Sadler Mr. Eric Thompson, Dr. Harrison B.
President Vice President Wilson, President
Glenn & Sadler PaineWebber Norfolk State
Associates, Inc. University
Mr. John R.
Mr. Henry V. Turbyfill, Vice Ms. Kay Hardy
Shriver, Partner Chairman Windsor
Shriver and Norfolk Southern Southeastern VA
Holland Associates Corporation Branch Manager
and Architects Lawyers Title
Mr. Ulysses Insurance
Ms. Anne B. Turner, Owner Corporation
Shumadine Atlantic Apartment
Mezzullo & Rentals Mr. John J.
McCandlish and Development Wolcott
Senior vice
Mr. William J. Mr. John Twohy IV, President
Slayton, III Chairman Colonel, USAF
Area President Capital Concrete, Retired
First Union Inc. USAA - United
National Bank of Services
Virginia Mr. Braden Automobile Assoc.
Vandeventer Mid-Atlantic
Mr. Lawrence N. Vandeventer Black, Region
Smith, Jr. Meredith
Executive Vice and Martin Mr. Henry C. Wolf
President Executive Vice
Wilbank, Smith Mrs. Joretta A. President -
Thomas Asset Mgmt. Watts Finance
Norfolk Southern
Mr. Robert M. Mr. Howard Webb, Corporation
Stanton, Chairman President
Goodman Segar H. M. Webb & Mr. Edward J.
Hogan, Inc. Associates Woodard, Jr.
Chairman of the
Mr. Gregory N. Mr. Jerrold Board, President
Stillman Weinberg and Chief
Hunton & Williams Weinberg & Stein Executive Officer
Bank of the
Mr. William B. Dr. Larry L. Commonwealth
Tausig Whitworth,
Senior Vice President Mr. John 0. Wynne,
President and Tidewater President
. Chief Financial Community College Landmark
officer Communications,
First Hospital Mr. Walter J. Inc.
Corporation Wilkins, II,
President Mr. Ken Young,
Mr. Brad Tazewell Bay Chevrolet President
Williams and Imports Norfolk Tides
Tazewell Assoc. Baseball Club
Mr. Donald L.
The Hon. Vincent Williams, Ms. Barbara Zoby,
J. Thomas President President
Chairman of the Don Williams and Yukon Lumber Co.
Board Associates
Johns Brothers,
Inc. Mr. Rolf Williams,
Sr., Chairman
Anders-Williams,
Inc.
1996 SESSION
965578726
1 HOUSE BILL NO. 1234
2 AMENDMENT IN THE NATURE OF A SUBSTITUTE
3 (Proposed by the Senate Committee on Local Government
4 on February 27, 1996)
5 (Patron Prior to Substitute-Jones, J.C.)
6 A BILL to amend and reenact §§ 15.1-1273 and 15.1-1274 of the Code of Virginia and to amend the
7 Code of Virginia by adding in Title 15.1 a chapter numbered 44, consisting of sections numbered
8 15.1-1688 through 15.1-1705, relating to the Public Recreational Facilities Authorities Act and the
9 Hampton Roads Sports Facility Authority.
10 Be it enacted by the General Assembly of Virginia:
11 1. That §§ 15.1-1273 and 15.1-1274 of the Code of Virginia are amended and reenacted and that
12 the Code of Virginia is amended by adding in Title 15.1 a chapter numbered 44, consisting of
13 sections numbered 15.1-1688 through 15.1-1705 as follows:
14 § 15.1-1273. Creation of authorities.
15 (a) 'Me governing body of a political subdivision may by ordinance or resolution, or the governing
16 bodies of two or more political subdivisions, may by concurrent ordinances or resolutions, signify
17 their intention to adopt an ordinance or resolution to create an authority under an appropriate name
18 and title containing the word "authority." 'rbe governing body of each participating political
19 subdivision shall hold a public hearing thereon, notice of which hearing shall be given by publication
20 at least once. not less than ten days prior to the date fixed for such hearing, in a newspaper having a
21 general circulation in such political subdivision. Such notice shall contain a brief statement of the
22 substance of the proposed resolution, shall set forth the proposed articles of incorporation of the
23 authority and shall state the time and place of the public hearing. 'Me governing body of any such
24 political subdivision may at its discretion by resolution call for a referendum in such political
25 subdivision on the question of the creation of an authority, which shall be held as provided by
26 § 24.1-165. When a referendum is to be held in more than one political subdivision, the referendum
27 shall be held on the same date in all of such political subdivisions.
28 lb) The articles of incorporation shall set fonh:
29 (1) The name of the authority and address of its principal office.
30 (2) A statement that the authority is created under this chapter.
31 (3) The name of each participating political subdivision.
32 (4) The names, addresses and terms of office of the first members of the authority.
33 (5) The purpose or purposes for which the authority is to be created.
34 le) Passage of such ordinance or resolution by the governing body or ooveming bodies shall
35 constitute the authority a public body politic and corporate of the Commonwealth.
36 (d) Any political subdivision may become a member of an existing authority, and any political
37 subdivision which is a member of an existing authority may withdraw therefrom, but no politica@
38 subdivision shall be permitted to withdraw from any authority after an obligation has been incurred
39 by the authority.
40 (e) Having specified the initial purpose or purposes of the authority in the articles of
41 incorporation, the governing bodies of the participating political subdivisions may, from time to time
42 by subsequent ordinance or resolution. after public hearing, modify the articles of incorporation and
43 the purpose or purposes speci_fted therein. Such modification may be made either with or without a
44 referendum.
45 § 15.1-1274. Commission to exercise powers of authority.
46 The powers of each authority created hereunder shall be exercised by a commission which shall
47 consist of not less than five nor more than seventeen members who shall be appointed by the
48 governing bodies of the participating political subdivisions and who shall be selected in the manner
49 and for the terms provided by the ordinance or resolution creating the authority. Officers and
50 employees of the participating political subdivisions may be appointed to the commission and may
51 constitute a majority of the members of the commission.
52 The members of the commission shall elect one of their number chairman and shall elect a
53 secretary and a treasurer who need not be members of the commission. The offices of secretary and
54 treasurer mav be combined. A majority of the members of the commission shall constitute a quorum
2 Senate Substitute for H.B. 1234
1 and the vote of a majority of such members shall be necessary for any action taken by the authority.
2 No vacancy in the membership of the commission shall impair the fight of a quorum to exercise all
3 the fights and perform all the duties of the authority. The members of the commission shall be
4 reimbursed for the amount of actual expenses incurred by them in the performance of their duties.
5 The governing bodies of the participating political subdivisions may provide for compensation of the
6 members of the commission; provided no compensation shall be paid for meetings not attended.
7 Alternate members of the commission may also be selected. Such alternates shall be selected in
8 the same manner as the members. The term of each alternate shall be the same as the term of the
9 memberfor whom each serves as an alternate.- however, the alternate's term shall not expire because
10 of the member's death, disqualification, resignation or termination of employment with the member's
11 political subdivision. If a member is not present at a meeting of the authority, the alternate for the
12 member shall have all the voting and other rights of a member and shall be counted for purposes of
13 determining a quorum at any meeting of the authority.
14 CHAPTER 44.
15 HAMPTON ROADS SPORTS FACIUTYAUTHORITY.
16 § 15.1-1688. Definitions.
17 As used in this chapter the following words have the meanings indicate&
18 "Authority" means the Hampton Roads Sports Facility Authority.
19 ")7acility" means (i) stadium or other structure for the primary purpose of holding sporting
20 events, except major league baseball, (ii) practice fields or other areas where sports teams may
21 practice or perfor?n, (iii) offices for sports teams or franchises, (iv) office, restaurant. concessions,
22 retail and lodging facilities which are adjacent to a sports stadium or other structure, and (v) any
23 other directly related adjacent properties including, but not limited to, onsite and offsite parking lots,
24 garages, and other properties.
25 "Sports franchise" means the contractual right granted to any person or persons to own or
26 operate a sports team in a specified location.
27 "Sales tax revenues" means taxes collected under the Virginia Retail Sales and Use Tax Act
28 (§ 58.1-600 et seq.), as limited herein. Sales tax revenues shall not include any local general retail
29 sales and use tax levied pursuant to §§ 58.1-605 and 58.1-606.
30 § 15.1-1689. Creation of Authorit),.
31 There is hereby established a bad), corporate and politic known as the Hampton Roads Sports
32 Facility Authority. The Authoritv is a political subdivision of the Commonwealth.
33 15.1-1690.'-Members of Authoriii,,- chairman; terms.
34 A. The Authority shall consist @f fifteen members. Each locality in Planning District 23 shall
35 appoint one member. The members of the Authoritv annuailv shall elect a chairman and a
36 vice-chairman from their membership; the i,ice-chairma'n shall pe@orm the duties of the chairman in
37 his absence.
38 B. The term of a member of the Aitiliorit'N' is four ),ears. However, upon the initial appointment of
39 the members of the Authoriti,, the terms of the members shall be staggered as follo@vs: the initial term
40 of five of the members shall be four ilears.- tlze initial term of file members shall be three years,- and
41 the initial term of the remaining fii,e't?ietnbers shall be two ),ears. The Planning District Commission
42 shall designate the initial term to be served b 'v each appointee.
43 At the end of a term, a i?ieinber shall continue to serve until ki succes.vor is appointed and
44 qualifies. A member who is appoijiteel a,fter 4i term litis begun serves otil@, for the i est of the term and
45 until a successor is appointed and qifalifies. The members of tire Aittliorit@, shall receive no
46 compensation for their services. but a member /tiaN, be reimbursed b@, the Authority for reasonable
47 expenses actually incurred in the performance of tire Planes of thtit ()fflce.
48 § 15.1-1691. Quorum; actions of Atitliot-iril.. ,'risen .iiqs.
49 Eight members of the Aiiihorit@, shall ,o)istiti(te i quorum for the purpose t)f conducting business.
50 Actions of the Authorirv must receii,e the tiffi@-i?iatti,e %,ore t)f (i InaiorirA- (@f the qiiorttt?i. No vacancv on
51 @-ih@ Atitizorirv shall inlp' air the right of (i quorum to e-ver(ise (ill i iglits and perform all the duties of
52 t);@ Autlioriti,. The Authorirv shall (ieteri?iiiie the tii?ies (i)2d pl(ices of its regular meetings. Special
53 meetings of the Authoriri, shall he held t@lieii it'qliesicei /)N, fit,o ot inore )?iei?ibers of the Authoritv. An,v
54 @tifl? request for ti %pc,cial li(ill ,(, ;)? @iiiiii:Q, ii,7(i iii4, @licill @pecifa, the time after
Senate Substitute for H.B. 1234 3
I place of the meeting and the matters to be considered at the meeting. A reasonable effort shall be
2 made to provide each member with notice of any special meeting. No matter not specified in the
3 notice shall be considered at such special meeting unless all the members of the Authority are
4 present.
5 § 15.1-1692. F-xecutive Director appointment,- duties.
6 A. The Authority shall appoint an Executive Director, who is the chief a&ninistrative officer and
7 secretary of the Authority and serves at the pleasure of the Authority. 7he Executive Director shall be
8 paid from @s received by the Authority. No state funds shall be used to pay the salary or the
9 expenses of this office.
10 B. In addition to any other duties set forth in this chapter, the Executive Director shall:
11 1. Direct and supervise the a&ninistrative affairs and activities of the Authority in accordance
12 with its rules, regulations, and policies;
13 2. Attend all meetings and keep minutes of all proceedings;
14 3. Approve all accounts for salaries, per them payments, and allowable expenses of the Authority
15 and its employees and consultants and approve all expenses incidental to the operation of the
16 Authority;
17 4. Report and make recommendations to the Authority on the merits and status of any proposed
18 facility; and
19 5. Perform any other duty that the Authority requires for carrying out the provisions of this
20 chapter.
21 § 15.1-1693. Powers.
22 In addition to the powers set forth elsewhere in this chapter, the Authority may:
23 1. Adopt and alter an ojficial seal;
24 2. Sue and be sued in its own name;
25 3. Adopt bylaws, rules and regulations to carry out the provisions of this chapter;
26 4. Maintain an a
.Tice at such place as the Authority may designate,-
27 5. Employ, either as regular employees or independent contractors, consultants, engineers,
28 architects, accountants, attorneys, financial experts, construction experts and personnel,
29 superintendents, managers and other professional personnel, personnel, and agents as may be
30 necessary in the judgment of the Authority, and fix their compensation;
31 6. Determine the locations of develop, establish, construct, erect, acquire, own, repair, remodel,
32 add to, extend, improve, equip, operate, regulate, and maintain facilities to the extent necessary to
33 accomplish the purposes of the Authority;
34 7. Acquire, hold, lease, use. encumber, transfer, or dispose of real and personal property;
35 8. Enter into contracts of any kind, and execute all instruments necessary or convenient with
36 respect to its carrying out the powers in this chapter to accomplish the purposes of the Authority;
37 9. Regulate the use and operation offacilities developed under the provisions of the chapter;
38 10. Fix and revise from time to time and charge and collect rates, rents, fees, or other charges for
39 the use of facilities or for services rendered in connection with the facilities;
40 11. Borrow money from any source for any valid purpose, including working capital for its
41 operations, reserve funds, or interest, and to mortgage. pledge, or otherwise encumber the property
42 or funds of the Authority and to contract with or engage the services of any person in connection
43 with any financing, including financial institutions, issuers of letters of credit, or insurers;
44 12. Issue bonds under this chapter;
45 13. Receive and accept from any source, private or public, contributions, gifts, or grants of money
46 or property; and
47 14. Do all things necessary or convenient to carry out the powers granted by this chapter.
48 § 15.1-1694. Public hearings; notice; reports.
49 A. At least sixty days prior to selecting a facilitv site, the Authority shall hold a public hearing
50 within thirty miles of the site proposed to be acqiiire@ for the purpose of soliciting public comment.
:zl B. Except as otherwise provided herein, at least sixty days prior to the public hearing required by
52 this section, the Authorit'v shall notify the local governing body in which the facility is proposed to be
53 located and advertise the notice in a newspaper of general circulation in that locality. The notice
54 shall include: (i) a description of the site proposed to be Acquired, (a) the intended use of the site,
4 Senate Substitute for H.B. 1234
1 and (iii) the date. time, and location of the public hearing. After receipt of the notice required by this
2 section, the local governing body in which a facility is proposed to be located may require that this
3 period be extended for up to sixty additional days or for such other time period. as agreed upon by
4 the local governing body and the Authority.
5 C At least thirty days before acquiring or entering into a lease involving a facility site and before
6 entering into a construction contract involving a new facility or facility site, the Authority shall
7 submit a detailed wrinen report and findings of the Authority that justify the proposed acquisition,
8 lease, or contract to the General Assembly. The report and findings shall include a detailed plan of
9 the method of funding and the economic necessir 'v of the proposed acquisition, lease, or contract.
10 D. The time periods in subsections A, B, and C of this section may not run concurrently.
11 § 15.1-1695. AcqL..@ition of property.
12 A. The Authority may acquire in its own name. by gift or purchase, any real or personal property,
13 or interests in property, necessary or convenient to construct or operate any facility.
14 B. In any jurisdiction where planning, .,Oning, and development regulations may apply, the
15 Authority shall comply with and is subject to those regulations to the same extent as a private
16 commercial or industrial enterprise.
17 § 15.1-1696. Bond issues.
18 A. The Authority may at any time and from time to time issue bonds for any valid purpose,
19 including the establishment of reserves and the payment of interest. In this chapter the term "bonds"
20 includes notes of any kind, interim certificates, refunding bonds, or any other evidence of obligation.
21 B. The bonds of any issue shall be payable solely from the property or receipts of the Authority,
22 i?tcluding, but not limited to:
23 1. Taxes, fees, charges, or other revenues payable to the Authority;
24 2. Payments by financial institutions. insurance companies, or others pursuant to letters or line of
25 credit, policies of insurance, or purchase agreements,-
26 3. Investment earnings from funds or accounts maintained pursuant to a bond resolution or trust
27 agreement: and
28 4. Proceeds of refunding bonds.
29 C Bonds shall be authorized bv resolution of the AuthoritNI and may be secured by a trust
30 agreement by and benveen the Authority and a corporate trustee or trustees, which may be anv trust
31 company or bank having the powers of a trust company within or without the Commonwealth. The
32 bonds shall:
33 1. Be issued at, above, or beioiv par value. for cash or other valuable consideration, and mature
34 at a time or times, whether as serial bonds or as term bonds or both, not exceeding forty years from
35 their respective dates of issue;
36 2, Bear interest at the fixed or variable rate or rates determined by the method provided in the
37 resolution or trust agreement;
38 3.@'be payable at a time or times, in the denominations and form, and carry the registration and
39 privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds as the
40 resolution or trust agreement maN, provide;
41 4. Be payable in laivful money of the United States at a designated place;
42 5. Be subject to rhe,lerms of purchase, payment, redemption, refunding, or refinancing that the
43 resolution or trust agree ,'m'-ent provides:
44 6. Be executed b%l the i?taiiual or facsimile signatures of the officers of the Authoriti, tiesigizated bN-
45 the Aitthori@, ivhich signatures shall be talid (it @ielit,e@ ei,eti for one @viio has ceased to hold office;
46 and
47 7. Be sold in the matitier and Upon the terms determined b,i, the Attiliorit-N, including private
48 (negotiated) sale.
49 D. An), resolution or trust agreeine@it i)ia@- contain prot,i-vio@is @t inch Aliall be a part of the contract
50 Still the holders of the bonds as to.
51 1. Pledging, assigning, or detecting the use, investment. or disposition of receipts of the Authoriti-
52 or proceeds or benefits of anv co?zit-act atici caii@,eN,iti,q or- otlier@i-ise secitt'itig carry propertv rights;
53 2. The setting aside of lo(iti fiiiidii?Q (it,posits. clebt .@eri,ice tese@ies, (-,apitaiized interest accounts.
-;4 , @),t ,f fi((oi(ot,@ ci@i(i Bell [lit' @iii, @ll?(i li,@posilioll tfiereol.
Senate Substitute for H.B. 1234 5
1 3. Limitations on the purpose toy which or the investments in which the proceeds of sale of any
2 issue of bonds may be applied and restrictions to investments of revenues or bond proceeds in
3 government obligations for which principal and interest are unconditionally guaranteed by the United
4 States of America;
5 4. Limitations on the issuance of additional bonds and the terms upon which additional bonds may
6 be issued and secured and may rank on a parity with, or be subordinate or superior to, other bonds;
7 S. The refunding or refinancing of outstanding bonds;
8 6. 7he procedure, if any, by which the ter?ns of any contract with bondholders may be altered or
9 amended and the amount of bonds the holders of which must consent thereto, and the manner in
10 which consent shall be given,-
11 7. Defining the acts or omissions which shall constitute a default in the duties of the Authority to
12 bondholders and providing the rights or remedies of such holders in the evrnt of a default which may
13 include provisions restricting individual right of action by bondholders;
14 8. Providing for guarantees, pledges of property, letters of credit, or other security, or insurance
15 for the benefit of bondholders; and
16 9. Any other matter relating to the bonds which the Authority determines appropriate.
17 E. No member of the Authority nor any person executing the bonds on behalf of the Authority
18 shall be liable personally for the bonds or subject to any personal liability by reason of the issuance
19 of the bonds.
20 F. The Authority may enter into agreements with agents, banks, insurers, or others for the purpose
21 of enhancing the marketability of, or as security for, its bonds.
22 G. A pledge by the Authority of revenues as security for an issue of bonds shall be valid and
23 binding from the time the pledge is made.
24 The revenues pledged shall immediately be subject to the lien of the pledge without any physical
25 delivery or further act, and the lien of any pledge shall be valid and binding against any person
26 having any claim of any kind in tort, contract or otherwise against the Authority, irrespective of
27 whether the person has notice.
28 No resolution, trust agreement orfinancing statement, continuation statement, or other instrument
29 adopted or entered into by the Authority need be filed or recorded in any public record other than
30 the records of the Authority in order to perfect the lien against third persons, regardless of any
31 contrary provision of public general or public local law.
32 H. Except to the extent restricted by an applicable resolution or trust agreement, any holder of
33 bonds issued under this chapter or a trustee acting under a trust agreement entered into under this
34 chapter, may, by any suitable form of legal proceedings, protect and enforce any rights granted under
35 the laws of Virginia or by any applicable resolution or trust agreement.
36 L The Authority may issue bonds to refund any of its bonds then outstanding, including the
37 payment of any redemption premium and any interest accrued or to accrue to the earliest or any
38 subsequent date of redemption, purchase or maturity of the bonds. Refimding bonds may be issuedfor
39 the public purposes of realizing savings in the effective costs of debt service, directly or through a
40 debt restructuring, for alleviating impending or actual default and may be issued in one or more
41 series in an aynouitt in excess of that of the bonds to be refunded.
42 J. The franchise holder must agree that the franchise will not be relocated until any bonds issued
43 hereunder are defeased.
44 § 15.1-1697. Investments in bonds.
45 Any financial institution, ini,estineiit company, insurance company or association, and any personal
46 represeniati.i,e, guardian, trustee, or otlierfiduciary, may legally invest any moneys belonging to them
47 or within their control in any bonds issued by the Authority.
48 § 15.1-1698. Bonds are tax exempt.
49 The Authority shall not be required to pa 'v any taxes or assessments of any kind wliatsoel,er and
50 its bonds, their transfer, the interest payable on them, and any income derived from them, including
51 ani, profit realized in their sale or exchange, shall be exempt at all times from everv kind and nature
52 of taxation bv this Commoritt-ealili or by tinv of its political subdivisions, municipa@ corporations, or
53 public agencies of aizv kited.
54 § 15.1-1699. Sports Fczcilit@, .Ititliorit@- Fiiiaizciizg Fund, iise.
6 Senate Substitute for H.B. 1234
1 A. There is hereby created a Hampton Roads Sports Facility Authority Financing Fund ("Fund").
2 The Authority shall use the Fund as a nonl@psing revolving fund for carrying out the provisions of
3 this chapter.
4 B. All of the following receipts of the Authority shall be placed in the Fund.- (i) proceeds from the
5 sale of bonds. (ii) revenues collected or received from any source under the provisions of this
6 chapter, and (iii) any other revenues under the jurisdiction of the Authority.
7 C The Authority shall pay all expenses and make all expenditures from the Fund. To the extent
8 deemed appropriate by the Authority, the receipts of the Fund shall be pledged to and charged with
9 the payment of debt service on Authority bonds and all reasonable charges and expenses related to
10 Authority borrowing and the management of Authority obligation.
11 § 15.1-1700. Additional duties.
12 In addition to the duties set forth elsewhere in this chapter, the Authority shall:
13 1. Keep records as are consistent with sound business practices and accounting records using
14 generally accepted accounting practices,-
15 2. Cause an audit by an independent certified public accountant to be made of accounts and
16 transactions at the conclusion of each fiscal year,-
17 3. Be subject to audit and examination at any reasonable time of its accounts and transactions by
18 the Auditor of Public Accounts: and
19 4. Submit a detailed annual report of its activities and financial standing to the Governor and to
20 the General Assembly.
21 § 15.1-1701. Creation of local advisory boards.
22 Prior to constructing any facility, the Authority shall create a local advisory board for that
23 facility. Each local advisory board shall be composed of twelve members. SLr members shall be
24 appointed by the local governing body in which the proposed facility is to be located.
1 25 Nonvithstanding the provisions of § 15.1-50.4, the governing bodv may appoint one or more of its
26 members to serve on the local advisory board. Six members shall be appointed by the Authority, and
27 each of those six members shall reside in the county or city in which the facility is proposed to be
28 located. All advisory board members shall be appointed for a term of four years. All advisory board
29 members shall serve without pay, but a member may be reimbursed by the Authority for reasonable
30 expenses actually incurred in the performance of advisory functions. Each advisory board shall elect
31 a chairman and a secretar 'v and such other officers as it deems necessary. The Authority shall give
32 each local advisor), board reasonable opportunity to provide appropriate comments and
33 recommendations on the design and the operation of the facility in its locality.
34 § 15.1-1702. Entitlement to vales tax revenues derived from a sports stadium.
35 A. If the Authority has issued bonds to finance or refinance a sports facility, the Authority shall be
36 entitled to all sales tax revenues that are generated by transactions taking place upon the premises of
37 the sports facility. Such entitlement shall continue for the lifetime of such bonds, but that entitlement
38 shall not exceed thirty vears. All sales tax revenues shall be applied to repayment of the bonds. The
39 State Comptroller shall remit such sales tax revenues to the Authority on a quarterly basis, subject to
40 such reasonable processing delavs as may be required bv the Department of Taxation to calculate the
41 actual net sales tax rei,enties generated bv transactions taking place upon the premises of the sports
42 facility. The State Comptroller shall tnaie such remittances to the Authority, as provided herein,
43 notwithstanding any provisions to the contrar-v in the Virginia Retail Sales and Use Tax Act (§
44 58.1-600 et seq.).
45 B. If the Authority has issued bonds to finance or refinance a sports facility, the local governing
46 body of the county or city in which the facility is located may direct, by ordinance or resolution, that
47 all local sales and use tax revenues generated by transactions taking place upon the premises of the
48 sports facility from taxes levied pursuant to §§ 58.1-605 and 58.1-606 shall be remitted by the State
49 Comptroller to the Authorit 'v for the repa-vin, nt of bonds. Such remittances shall be for the same
50 period and under the same conditions as remittances to the Authoritv paid in accordance with
51 subsection A, mutatis mutandis.
52 § 15.1-1703. Tax revenues of the Commonwealth or any other political subdivision not pledged.
53 Nothing in this chapter shall be construed as authorizing the pledging of the faith and credit of
54 the Commoii@t,ealth of Virginia, or ani of its revenues, or the faith and credit of any other political
Senate Substitute for H.B. 1234 7
I subdivision of the Commonwealth: or any of its revenues, jbr the payment of any bonds. Any
2 appropriation made pursuant to this chapter shall be made only from sales tax. revenues generated
3 from transactions taking place upon the premises of the sports facility for which bonds may have
4 been issued to pay the cost, in whole or in part.
s § 15. 1-1 704. Cooperation between the Authority and other political subdivisions.
6 The Authority may enter into agreements with any other political subdivision of the
7 Commonwealth for joint or cooperative action in accordance with § 15.1-21.
8 § 15. ]- 1 705. Tort liability.
9 No pecuniary liability of any kind shall be imposed on the Commonwealth or on any other
10 political subdivision of the Commonwealth because of any act, agreement, contract, tort, malfeasance
11 or nonfeasance by or on the part of the Authority, its agents, servants or employees.
Official Use By Clerks
Passed By
The House of Delegates Passed By The Senate
without amendment n without amendment n
with amendment 0 with amendment r7
substitute 0 substitute r-i
substitute w/amdt -
substitute w/amdt F-.,
Date: Date
Clerk of the House of Delegates Clerk of the Senate
MEYERA E. OBERNDORF MUNICIPAL CENTEF:.
MAYOR VIRGINIA BEACH, VIRGINIA 23456-9000
(804) 427-4581
FAX (804) 426-@669
March 8, 1996
Hampton Roads Mayors & Chairs Caucus
Dear Members:
As we come together today to discuss the possibility of a truly joint approach to attracting
major league sports to the Hampton Roads region. it is critical that we be clear and straight-
forward with each other regarding this exciting op portunity.
With this letter I have attempted to specify the criteria necessary for the City of Virizinia
Beach to participate in the joint effort. I encourage each community to do likewise in order to
avoid any misunderstanding later and thereby increase our collectiv e chances of success in this
endeavor.
Our thoughts are as follows:
I . As previously stated, Virginia Beach feels stronglv that every
community in the region should be offered an up-front opportunity
to participate in the studv.
2. The necessary consulting services need to be provided bv a
nationally known and respected professional selected by an open
and competitive process. This endeavor is inherently a high
visability undertaking and will necessitate broad public support to
ultimately be successful. If an open and competitive selection
process takes longer--so be it. The increased public confidence in
the process will be invaluable later on when public support is
requested.
March 8, 1996
Hampton Roads Mayors and Chairs Caucus
Page 2
3. Since public flmds are involved, the study process should be
guided by an advisory committee composed of elected officials
supported by appropriate staff expertise. The services contract and
public ftmds for the conduct of the project shall be managed by an
organization such as the Hampton Roads Plamiing District
Commission or a participating local government.
4. The study should be structured in such a manner to contain a
discrete first phase addressing key issues of market and financial
feasibility only. Upon a favorable finding and following the first
phase, the study scope could then appropriately address fi-anchise
issues and project location.
5. The City of Virginia Beach has concerns that the final project
complexion be carefully considered to positively reinforce the
economics of the region and the host community. Clearly, it
would be very difficult for any community to support a project that
would substantially and negatively impact a major component of
its economy or existing facility. In our case, local support of a
regional project that would materially damage our convention or
hospitality industries will not be possible. We reserve the right to
independently analyze and determine those interrelationships and
impacts.
6. The study should be structured to include options for a number of
region-wide quality of life projects. This approach obviously has
substantial financial dimensions but could also be crucial to
fashioning a successful strategy necessary for broad public support
and fending.
7. The location of the major professional sport arena, or any other
aspect of the study, cannot be predetermined.
8. An open and inclusive public participation, review and comment
process should be provided as an essential ingredient of any study
scope of services. This will help insure that all interests and
priorities can be intelligently considered. Such a process can help
build understanding about the project and public trust in the
process.
March 8, 1996
Hampton Roads Mayors and Chairs Caucus
Page 3
9. Any major facility constructed or any professional sports team
located in the region as a result of this joint collaborative process,
should not be named for any single host community.
I believe the conditions outlined above will enhance the probability of a win-win solution
that will be deserving of strong public support. Unanimous region-wide participation in this
joint process could put in motion an extremely beneficial effort that can shape our region in
significant and positive ways. I encourage your active participation and support to seize this
unique opportunity.
Sincerely,
Meyer E. Oberndorf, Mayor
City of Virginia Beach
dsc
cc: Chief Administrative Officers
Mayors & Chairs Caucus
William E. Ward, Mayor, Chesapeake
C. Franklin Jester, Jr., Mayor, Franklin
Graham C. Blake, Chairman, Gloucester County
James L. Eason, Mayor, Hampton
Phillip A. Bradshaw, Chairman, Isle of Wight County
David L. Sisk, Chairman, James City County
Barry E. DuVall, Mayor, Newport News
Paul D. Fraim, Mayor, Norfolk
L. Comell Burcher, Mayor, Poquoson
Gloria 0. Webb, Mayor, Portsmouth
Reggie W. Gilliam, Chairman, Southampton County
S. Chris Jones, Mayor, Suffolk
Trist McConnell, Mayor, Williamsburg
James W. Funk, Chairman. York Countv
OFFICE OF THE CrrY MANAGER MUNICIPAL C@
(DD4) 4274242 VIRGINIA SEACH VIRGINIA 23456-9001
FAX (W4@ 427-4135
TW (W4) 4274MS
March 13, I 996
Mr. James B. Oliver, Jr.
City Manager
I IO 1 City Hall Building
Norfolk,VA 23510
Dear Jim:
Re: Sports Facilities Study
At the meeting of the Mayors and Chairs Caucus last Friday the statement was made by Mayor
Fraim that Mr. Harrow was reluctant to become involved in an RFP process since he would have
to disclose his fee structure. As you know, for the selection of professional services, we can
narrow the field down to several final firms and then select the preferred firm. Only then would
we discuss fees. I don't believe this process should cause Mr. Harrow or any other consultant a
problem.
There seemed to be some reluctance, or at least uncertainty, about the Greater Norfolk
Corporation managing the public funds and the study. I do agree with the position that the
private sector does need to be meaningfully involved in the process and the equation. I don't
know what alternatives to Greater Norfolk have been explored. For example, the five-member
Executive Committee (which I believe we had consensus to expand to six, with two peninsula
members) could have a counterpart six-member private sector group to co-manage the project.
T'hese six could come from various sources; i.e., the Charnber(s), the GNF, Virginia Beach
Visions, other Cities' foundations, the Hampton Roads Partnership, etc.
If the ftmds and the contract are managed by a public entity such as the HRPDC, then the
previous role of the Greater Norfolk Corporation could be filled by other private sector
March 13, 1996
W. Jwnes B. Oliver
Page 2
Re: Sports Facilities S
mechanisms. Such an approach, again dmwing representation from a broader (and more
mmsentative) private sector contingent, would seem to offer advantages to encouraging regional
representation and support.
Finally, reflection on the meeting Friday convinces me of the essential importance of spending
some time up front to "get-it-right." If none of us (except Mayor Fraim) have even met Mr.
Harrow, we should not seriously consider contracting with him without at least an abbreviated
due-diligence selection and review process.
Best Regu&,
es K. Spore
City Manager
dsc
cc: Art Collins
(2it@ @f 'Vi@14itAi"
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WIILLIAM D. SESSOMS, JR. At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH III, Virginia Beach Borough
ROBERT K. DEAN, Princess Anne Borough
W.W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
281 Cin "AU BUJO)ING
JAMES K. SPORE, City Manager CITY COUNCIL AGENDA MUNICIPAI. CENTER
VIR(;[NiA BEACff, VIRGINIA 2,?451, @105
LESLIE L. LILLEY, City Manager April 2, 1996 8041 427 430?
RUTH HODGES SMITH, CMC/AAE, City Clerk
I. MAYOR'S BRIEFING - Conference Room 11:00 AM
A. HAMPTON ROADS SPORTS FACILITIES AND FRANCHISE STUDY
Mayor Meyera E. Oberndorf
II. CITY MANAGERIS BRIEFING
A. ILLEGAL SUBDIVISION OF PROPERTY
Gary L. Fentress, Deputy City Attorney
III. AGENDA REVIEW SESSION
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Meyers E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Jerry Holcomb
Kings Grant Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS March 26, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. PUBLIC HEARING
1. PROPOSED APPOINTMENTS TO SCHOOL BOARD
At Large - Fred G. Benham
Princess Anne Borough - Thomas E. Fraim
Virginia Beach Borough - R.L. Riggs
J. PRESENTATION
1. FY 1996 - 1997 OPERATING BUDGET
FY 1996 - 2002 CAPITAL IMPROVEMENT PROGRAM
E. Dean Block, Director, Management Services
K. ORDINANCES
1. Ordinance to APPROPRIATE $1,773 re overtime pay for Clerk of
the Circuit Court employees to operate the Clerk's Record Room
after normal office hours for extended title searches.
2. Ordinance to TRANSFER $100,000 to the Sandbridge Beach
Restoration and Renourishment Project (CIP #2-282) from the
Sandbridge Special Service District Special Revenue Fund to
allow the Army Corps of Engineers to complete preliminary
engineering and design of the project.
3. Ordinance to authorize the City Manager to execute a Lease
Agreement with Michael I. Ashe for office space re the
administration and operations of Parking Systems Management.
4. Ordinance to authorize tax refunds in the amount of
$15,593.04.
5. Ordinance to authorize license refunds in the amount of
$11,010.67.
L. APPOINTMENTS
REVIEW AND ALLOCATION COMMITTEE (COIG)
VIRGINIA BEACH CRIME TASK FORCE
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. COUNCIL-SPONSORED ITEM
a. Resolution to declare City Policy is to not purchase
excavated material from those "grandfathered"
agricultural operations which are not subject to the fee
required for material removed from borrow pits under City
Code Section 30-20.
Sponsored by Councilman Robert K. Dean
0. ADJOURNMENT
FY 96-97 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRM SCHEDULE
Date Time Place
Council Workshop Tuesday. April 9 9AM NOON Conference Room
council Workshop Thursday, April 11 4PH 6PM Conference Room
Council Workshop (Special Workshop) Tuesdy, April 16 1PM 4PM Conference Rom
Public Hearing Thursday, April 18 7PM Larkspur Middle School
Council Workshop Tuesday. April 23 3PM 6PM Conference Rom
Council Workshop (Special Wrkshop) Thursday. April 25 1PM 5pm Conference Room
Public Hearing Thursday, My 9 2PM City council chamber
Reconciliation Work*hop Thursday, May 9 Following Council Session Conference Room
Adopt Budget & C.I.P. Tuesday, May 14 2PM City Council Chamber
CITY COUNCIL SESSION TUESDAY, MAY 7, 1996
RESCHEDULED TO
THURSDAY, MAY 9, 1996 2:00 Pm
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)
03/28/96CMD
AGENDA\04\02\96.ITM
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS H
E O S
H I B T
A S E S R
DATE: March 12, 1996 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 I SUBJECT MOTION VOTE M H N N R Y S F R S N
I BREFING:
A PRINCESS ANNE ROAD - John W Herzke
CONTROLLED ACCESS P E
City Engineer
II/A REVIEW OF AGENDA ITEMS
B CITY COUNCIL CONCERNS
III/IV/ CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 y y y Y Y Y Y Y A Y y
E SESSION
(3 Executive Sessions held and Certified)
F/1 MINUTES 5 March 1998 APPROVED 10-0 Y y y y y Y Y Y A Y Y
G AGENDA FOR FORMAL SESSION ADOPTED B y C O N S E N S U S
Clerk
announced the
street closure
petition of
VB-South at 8th
Street had been
advertised but
was not ready
for the Agenda
H/1 PRESENTATION Ddddr William
Magee
OPERATION SMILE CO-Founder
J PUBLIC HEARING:
1 PROPOSED APPOINTMENT TO
SCHOOL BOARD VACANCY
Delcino C. Miles
Blackwater Borough
K/1 Resolution to appoint Dir of Finance as ADOPTED 10-0 yyyyyyYYAYY
Agent for reimbursement of City's costs BY CONSENT
from FEMA under the Disaster Relief Act
or President's Disaster Relief Fund
III1
2 Ordinance to APPROPRIATE $182,000 to ADOPTED 10-0 y yyyyyYAYY
Police Airplane Enterprise Operation re BY CONSENT
additional anticipated expenditures
3 Ordinance to authorize encroachmmt ADOPTED 10-0 yyyyyyyyAYy
Into a portion of r-o-w of Bay Drive AS AMENDED
(Unimproved) to Kester/Bials re walkway BY CONSENT
to beach (BAYSIDE BOROUGH)
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 2, 1996
Mayor Meyera E. Oberndorf called to order the Mayor's Briefing re the HAMPTON ROADS SPORT
FACLLITIES AND FRANCHISE STUDY to the VIRGINIA BEACH CITY COUNCIL in the Council
Conference Room, City Hall Building, on Tuesday, April 2, 1996, at 11:00 A.M.
Council Members Present:
John A Baum, Linwood 0 Branch III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Louis R. Jones, Mayor Meyera E.
Oberndorf and Louisa M. Strayhorn
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:35 A.M.
Bank Meeting in Chesapeake]
Barbara M Henley [ENTERED: 11:10 A.M.]
Nancy K Parker [ENTERED]: 11:20 A.M.]
2
MAYOR'S BRIEFING
HAMPTON ROADS SPORT FACILITIES AND FRANCHISE STUDY
ITEM # 40592
11:00 A.M.
Mayor Oberndorf referenced her letter of March 8, 1996, to the Hampton Roads Mayors and Chairs
Caucus and the City Manager's letter of March 13, 1996, to the City Manager of Norfolk James R
Oliver, Jr. Mr. Spore, at the request of the Mayor, attended the meeting of the Mayors and Chairs
Caucus and his letter reiterated the concerns. Mayor Oberndorf advised a Memorandum of March 15,
1996, re professional sports and associated quality of life infrastructure was forwarded to the Hampton
Roads Mayors and Chairs Caucus by William E Ward, Chairman and Mayor of Chesapeake. This
correspondence is hereby made a part of the record.
Mayor Ward advised, at the meeting of the Mayors and Chairs Caucus, the following actions were agreed
upon:
1. It is appropriate to move forward as a region, in a
public/private partnership, to determine if this market has
enough business sector support to lease the necessary luxury
boxes and provide the other financial support to compete for a
major league franchise and get a facility built. The impact on
existing local facilities will also be examined
2. Art Collins, Executive Director - Hampton Roads Planning
District Commission, will obtain information from the Greater
Norfolk Corporation to explain their board structure and
composition, legal status, funding and other pertinent data for
consideration as a contracting vehicle for further studies on
regional sports issues.
3. By April First, the Mayors and Chairs agreed to bring two
issues to their respective local governments for action: The first
is whether or not to participate in the studies and be part of the
effort, and the second is to obtain a preference for having the
Greater Norfolk Corporation be the contracting vehicle, which
seemed to be the consensus on the Eighth, or use a completely
public organization such as the HRPDC or the existing eight
community SporU Authority of Hampton Roads. These actions
would be sent to Art Collins by April Twelfth for inclusion in
the April meeting agenda.
Mayor Oberndorf requested the advice of the City CounciL The Hampton Roads Planning District
Commission has sufficient resources (approximately $150, 000) available to pay for the majority of the
study. Mayor Oberndorf spoke with Mayor Fraim this morning, April Second, and he advised the
enthusiasm from the region is to move forward. Obviously they would be delighted for Virginia Beach to
be a part of this, but if they were not able to, the rest of the region is moving forward. Mayor Oberndorf
believed since public funds are involved the study process should be guided by an advisory committee
composed of elected offlcials supported by appropriate staff expertise. The services contract and public
funds for the implementation of the project shall be managed by an organization such as the Hampton
Roads Planning District Commission or a participating local government.
Council Member Jones believed the Hampton Roads Sports Authority should perform the study as this
would afford a more unbiased appearance.
Councilman Dean would like to go forward but must have full participation of all the localities to share
in the revenue of the project, if there is to be revenue generated.
April 2, 1996
3
MAYOR'S BRIEFING
ON ROADS SPORT FACILITIES AND FRANCHISE STUDY
ITEM # 40592 (Continued)
Mayor Oberndorf advised Mr. Harrow, who performed the study in Oklahoma City, determined the
number of corporate leaders who would be willing to invest and support the arena, and worked with Civic
Groups to determine their support re tax revenue. Every study conducted and every arena built has been
built in a city setting, not a suburban area.
Councilman Branch also requested information be provided re arenas in other localities with their
successes and failures. Councilman Branch was more comfortable utilizing the Sports Authority of
Hampton Roads for the study.
Council Lady Strayhorn would like all cities to have an opportunity to participate in the actual structure
of the study. This should be a competitive process and an unbiased study.
Councilman Heischober advised the best vehicle for the study should be the Sports Authority of Hampton
Roads in conjunction with the Planning District Commission. The Sports Authority, in the past, has
conducted a study in this area for Old Dominion University and for the region. The second study was
whether an indoor sports arena and convocation center in the region would be justified. A study must
respond to the following three questions: (1) Will the region financially support the type of activity sought
for relocation or location; (2) What are the opportunities for the region to actually acquire a franchise
of that nature; (3) Where is the private sector with respect to the financial support. After the study is
submitted how will the City Council participate in the overall funding of this activity and how will the
City Council on behalf of its citizens, create a formula in which the Council shares with the revenues or
expenditures.
Councilman Harrison, as Virginia Beach is the largest metropolitan area without major league
professional sports in the country, did not want to send the wrong signal by not participating. He believed
the City's failure to participate could send the wrong "message " nationally, not only to teams considering
relocation, but give a negative vent to the outcomes of the study. The City needs to have input at the
earliest possible stage, as the City is the largest City in the region and will have a major impact on the
success of this arena. He would like the Mayor to vote with the will of the majority and bargain for the
City to have a seat on the Executive Committee.
Council Lady Henley advised she was in agreement with the Mayor's letter and the conditions. The City
should be a part of the study, but as a public body they are concerned with the process for handling
public funds and very much concerned there are no predetermined conclusions, and she supported an
unbiased study.
Council Lady Parker referenced the articles concerning arenas and whether or not these were deriving
revenues. Council Lady Parker also expressed citizens' concerns over subsidizing a business for
Professional sports players earning over $1-MILLION. Many cannot afford to attend games due to high
ticket prices. How does this arena comply with the City's needs for a Convention Center.
Councilman Baum inquired if the value of major league sports is so valuable to an area.
Vice Mayor Sessoms believed it was critical for the City to have representation on the Executive
Committee, so the City's views could be stated. He is not convinced a major league sports team will make
this region more successful, but believes the City's participation at this, point is critical.
Mayor Oberndorf will distribute a copy of the letter from Barry C. Bishop of the Greater Norfolk
Corporation to Arthur Collins, Executive Director, Hampton Roads Planning District Commission,
enclosing the Board roster.
BY CONSENSUS, a resolution shall be SCHEDULED for the Formal Session: A resolution expressing
the interest of the Council for the City of Virginia Beach in participating in the study on the possibility
of the area becoming home to a major sports franchise, and the method by which that study shall be
undertaken. This Franchise shall contain the issues referenced by City Council, including open
participation for the bid On April 26, 1996, when the Mayors and Chairs meet, if the majority concur
with a private corporation expediting same, then the Mayor will return to City Council for their direction.
April 2, 1996
- 4 -
CITY MANAGER'S BRIEFING
ILLEGAL SUBDIVISION OF PROPERTY
11:58 A.M.
ITEM # 40593
Assistant City Attorney Gary Fentress advised in response to concerns previously expressed by City
Council, questions arose concerning illegal subdivision of property and the City Council to legitimize
what was apparently illegal years ago. Mr. Fentress introduced Charles Hassen, Director - Development
Services Center.
Mr. Hassen advised the graphics for the presentation were prepared by Public Works. The purpose of the
presentation is to present an overview of why illegal subdivisions exist and the methods utilized to reduce
the numbers. Prior to 1953, one could subdivide land in the City of Virginia Beach by deed or plat. After
1953, the Princess Anne County Board of Supervisors adopted the subdivision ordinance. Therefore, after
January 1993, it was illgal to subdivide by deed. A citizen had to subdivide property by a subdivision
plat. Unfortunately after this date, the practice of subdividing by deed continued. It was common practice
to place a survey to record without anyone from the County signing off on same. In 1984, a new Clerk
of Circuit Court - Curtis Fruit, agreed there was a problem. Mr. Fruit began sending all plats to the
Planning Department for staffs review and signature. At that point, a tremendous amount of plats was
able to be stopped going to record without the Staff's review. In 1986, the City through the mapping
program developed GPIN's (Geographk Parcel Identificatioil Number). This is a unique number for
each and every taxable parcel In 1986, the City Staff, with the Commissioner of the Revenue went through
every single taxable parcel (in excess of 100,000 parcels) and assigned GPIN numbers to each. Through
state legislation, the City had to require these GPIN's be shown on the instrument. The GPIN is an eight
digit number.
Mr. Hassen distributed a flow chart, regarding recording plats. Said chart is hereby made a part of the
record. It is faster and less expensive for individuals who wish to avoid this process. A surveyor and
engineer does not have to be hired to create a plat, and right-of-way may not have to be improved or
dedicated. There are a limited number of parcels that can be created in the AG. Through an illegal
process, a number of parcels can be created. There is also a no variance process. The Commissioner of
Revenue monitors subdivision plat and deed recordation, whether legal or illegal. One can own illegally
subdivided property and pay taxes on same. However, a building permit cannot be secured nor the
property developed.
ITEMS RECORDED IN THE OFFICE OF THE CLERK OF CIRCUIT COURT
CALENDAR YEAR INSTRUMENTS PLATS
(Including deeds)
1994 104,109 412
1995 80,571 541
RECORDED ITEMS MONITORED BY THE COMMISSIONER OF THE REVENUE
FISCAL YEAR TRANSFERS (deeds) PLATS
1993-94 17,934 312
1994-95 18,886 418
1995-96* 21,003 714
TOTAL 57,823 1444
*estimate based on year-to-date totals.
YEARLY VARIANCES ..................... 4-5
QUESTIONED GPINs PER YEAR ............ LESS THAN 20
PAST 3 YEAR TOTALS: 75 - 59,267 = 0.13%
April Z 1996
- 5 -
CITY MANAGER'S BRIEFING
ILLEGAL SUBDIVISION OF PROPERTY
ITEM # 40593 (Continued)
Charles Hassen advised many times the applicant, before the City Council is the third owner.
After 1986 and the intervention of the GPIN'S, individuals would still subdivide by deed. Ihe City cannot
stop what has already happened; however, they will attempt to stop this in the future.
Assistant City Attorney Gary Fentress advised the primary goal is to prevent problems occurring in the
future. At the appropriate time, problems will be evaluated as they arise and changes recommended. By
in large, the variance process seems to be a safety valve and a protection mechanism to prevent abuses
of the process. A report will be furnished to City Council at the end of the year with additional
recommendations.
"en prevention is considered City Council requested the process be examined from the beginning (Clerk
of Circuit Courts' Office), with measures of prevention instilled there as opposed to the middle.
"en subdivisions of this type are brought before City Council, the Council will be advised when and how
the particular illegal subdivision occurred.
April 2, 1996
- 6 -
AGENDA REVIEW SESSION
12:30 P.M.
ITEM # 40594
Councibnan Harrison will be adding under UNFINISHED BUSINESS:
RECONSIDERATION TO MODIFY CONDITIONS in the January 19,
1988, approved Application of MARIE T. LAMB for a Change of Zoning
District Classification from R-8 Residential District to A-1 Apartment
District for LYNN LTD. at the Southwest corner of Bonney Road and
Kenley Road (4973 Bonney Road), containing 7.8 acres (KEMPSVILLE
BOROUGH).
On March 26,1996, City Council had REFERRED this item back to the PLANNING COMMISSION.
Councilman Harrison wished this action be reconsidered and SCHEDULED for the City Council Session
of April 9, 1996.
ITEM # 40595
Council Lady Parker requested further discussion during the Formal Session:
K2 Ordinance to TRANSFER $100,000 to the Sandbridge Beach
Restoration and Renourishment Project (CIP #2-282) from
the Sandbridge Special Service District Special Revenue Fund
to allow the Army Corps of Engineers to complete preliminary
engineering and design of the project.
ITEM # 40596
Councilman Harrison requested further information regarding the lease agreement with Michael I. Ashe:
K3 Ordinance to authorize the City Manager to execute a Lease
Agreement with Michael I. Ashe for office space re the
administration and operations of Parking Systems
Management.
ITEM # 40597
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
K1 Ordinance to APPROPRIATE $1,773 re overtime pay for
Clerk of the Circuit Court employees to operate the Clerk's
Record Room after normal office hours for extended title
searches.
K4 Ordinance to authorize tax refunds in the amount of
$15,593.04.
K5 Ordinance to authorize license refunds in the amount of
$11,010.67
April 2, 1996
7
ITEM # 40598
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 2, 1996, at 12:50 P.M.
Council Members Present.-
John A Baum, Linwood O. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Louisa M. Strayhorn and
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
April Z 1996
8
ITEM # 40599
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 21-34.4, Code of Virginia, as amended, for the following purpose:
PEPSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public offlcers, appointees, or employees pursuant to section
21-344 (A) (1).
To Wit.- Appointments - Boards and Commissions:
Virginia Beach Health Services Advisory Board
Review and Allocation Committee
Golf Course Committee
LEGAL MATTERS.- Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To - Wit.- Lake Gaston Water Supply Project
Brew Thru
PUBLICLY HELD PROPERTY.- Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly - held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
TO - Wit: Southeastern Parkway
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTUE SESSION.
Voting: 10-0
Council Members Voting Aye.
John A. Baum, 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.-
Linwood 0. Branci4 III
April 2, 1996
- 9 -
FORMAL SESION
117RGINL4 BEACH CITY COUNCIL
April 2, 1996
2:00 PM.
Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, April 2, 1996, at 2:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Kice Mayor William D.
Sessonts, Jr. and Louisa M. 5trayhorn
Council Members Absent.-
None
INVOC4TION.- Reverend Jerry Holcomb
)Gngs Grant Baptist Church
PLEDGE OF ALLEGIANCE 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, with the exception of Item K3. Lease Agreement with
Michael Ashe. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank Is
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.
April 2, 1996
- 10 -
Ite,m V-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 40600
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, 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: 8-0
Council Members Voting Aye:
John A. Baum, Robert K Dea@ William W Harrison, Jr., Barbara M
Hen@, Louis P, Jones, Mayor Meyera E. Oberndorf Nancy K Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Linwood 0. Branch, III, Harold Heischober and Louisa M. Strayhorn
April Z 1996
Resolution
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS:The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40599 Page No. 8 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, THEREFOR@ BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
RWh Hodges Stfiith, CMC/AAE
City Clerk April 2, 1996
Item V-Pl.
MINUTES ITEM 40601
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of March 26, 1996.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K Dear; William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Linwood 0. Brancl; III, and Louisa M. Strayhorn
April 2, 1996
- 12 -
item V- G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 40602
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April Z 1996
- 13 -
Itein V-L
PUBLIC HEARING ITEM # 40603
Mayor Oberndorf DECLARED A PUBLIC HEARING:
PROPOSED APPOINTMENTS TO SCHOOL BOARD
At Large Fred G. Benham
Princess Anne Borough Thomas E. Fraim
Virginia Beach Borough R.L. Riggs
Speaker:
Colonel Robert Engesser, 5290 Vestry Drive, Phone: 499-3157,
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
April 2, 1996
- 14 -
Itein V-J.1.
PRESENTATION ITEM # 40604
Mr. E. Dean Block, Director, Management Services, presented the RESOURCE MANAGEMEAT PLAN.'
FY 1996-1997 Opemdng Budget and FY 1996-2002 Capital Improvement Program.
FY 1996 - 97
THEMES
Maintenance of Effort
Schools -- A S6und Footirig
Strategic Response
Destination Points
FY 1997-97
SUMMARY
OPERATING BUDGET SUMMARY*
category FY 95-96 FY 96-97 % Change
city $ 329,487,194 $348,342,876 5.72%
schools 430,065,184 459,344,140 681%
utilities 74,943,981 77,877,989 3.91%
Enterprise Funds 9,031,835 12,330,733 1 36.53%
TOTAL $ 843,527,744 $897,885,738 644%
*Includes operations, debt service and current revenue capital costs by category. The 5chool Category
also includes cafeteria, textbook and grant funds.
SCHOOL OPERATING FUND COMPARISON
School Board Request Recommended
Approved FY 96-97 % Change FY 96-97 % Change
FY 95-96
Total $358.36M $400.93M 11.9% $385.OOM 74%
$145.79M $182.73M 25.3% $165.51M 13.5%
CAPITAL IMPROVEMENT PROGRAM SUMMARY
Project Category FY 1995-96 IY 1996-97 % Change
Capital Program Capital Ilr(@gram
schools $ 225,715,682 $ 250,783,027 11.11%
All Other General 415,805,565 432,987,726 4.13%
Improvement
Total General 641,521,247 683,770,753 6.59%
Improvement
Utilitie,N 319,583,591 323,915,131 1.36%
Grand Total $ 961,104,838 $ 1,007,685,884 4.85%
April 2, 1996
- 15 -
item V-J.I.
PRESENTATION ITEM # 40604 (Continued)
HIGHLIGHTS
Quality Educatopm for life Long Learning
Local taxes provided for School support increased by $19.7M
or 13.5%.
Funding for replacements and renewal; ADA; Indoor Air Quality.
3.2 -cent tax increase to place Schools on sound footing &
replace lost federal revenue.
Vtrginia Beach Higher Education Center
Destination Point for tourists
Tourism Advertising Program Fund
Camp Pendleton Site Acquisition
Planning for Red Wing Golf Course expansionlrenovation
Quality Service to Support Urban Living
@ded MHIMRI&4 services
Replacement Social Services building
Additional funds for facility replacement & renewal
Seatack Recreation Center
Continued neighborhood water & sewer projects
Protection and Use ef our Natural Resources and Environment
Continuation of ARP
Beach Erosion Control & Hurricane Protection Noiect
West Neck Creek Park
Active Citizen and Business Involvement as Partners with @ Government
Consolidation of water, sewer, storm water bills with HRS
Citizen survey continued
Regional Cooperation in Marketing and Leadership
Regional agency funding, including Ifampton Roads
Partnership
Regional funding of Pendleton Child Services.
Mobility
Southeastern Parkway and Greenbelt
Kempsville Road, Lynnhaven Parkway, London Bridge Road,
Birdneck Road.
Continued backlog reduction of resurfacing and bridge
rehabilitation
40% increase in mass transit to replace federal cuts.
Economic Vitality
Water credit of approximately $331customer
Five new Housing inspectors; additional funding for
homeowner repairs to protect tax base
Continued funding for economic development investment
Safe Community
13 additional police officers are funded through a grant
6 positions for the Commonwealth's Attorney's office
6 additional firefighters
Beach Borough police and fire stations
Stable City Finances with Services Driving Revenues
Maintenance of basic services
3.3% of payroll set aside for employee salary adjustments
Financial Accounting System replacement,
April 2, 1996
- 16 -
Item V-K
CONSENT AGENDA ITEM # 40605
OPDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Brancl; City Council APPROVED in one
motion Ordinances 1, 4 and 5 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
J6hn A. Bawn, Linwood 0. Brancl; 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.
Sessonw, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 2, 1996
- 17 -
Item V-K I
ORDINANCES ITEM # 40606
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance, to APPROPRIATE $1,773 re overtime pay for Clerk of the
Circuit Court employees to operate the Clerk's Record Room after
normal office hours for extended title searches.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dea?L William W
Harrison, Jr., Harold Heischober, Barbara M. Ifenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Yz'ce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 2, 1996
1 AN ORDINANCE TO APPROPRIATE $1,773 FOR THE PURPOSE OF PROVIDING
2 OVER-TIME PAY FOR EMPLOYEES OF THE CLERK OF THE CIRCUIT COURT
3 IN ORDER TO OPERATE THE CLERK'S RECORD ROOM AFTER NORMAL OFFICE HOURS
4 WHEREAS, the Clerk of the Circuit Court of the City of Virginia Beach has the responsibility for filing, indexing and processing
5 court actions, land records, marriage licenses, judgment liens, business names and other public records; storing and maintaining
6 public records; and providing access to these records to the public;
7 WHEREAS, the title companies that use the Clerk's record room cannot complete their work during normal office hours due to
8 the large increase in the number of refinancings brought about by lower interest rates, and have asked the Clerk of the Circuit Court
9 to allow them access to the record room after normal business hours from 5-00 p.m. to 8:00 p.m. two days each week for an
10 estimated three months or until the need is satisfied for this additional service @
11 WHEREAS, to keep the record room open after normal office hours, an employee would be required to work over-time to keep
12 the computer mdexuig system on-line and maintain office security, which would cost an estimated $1,773 in over-time pay for the
13 three-month period;
14 WHEREAS, the cost of the over-time pay would be offset by a $25.00 per hour fee to be paid by title companies;
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds
16 in the amount of $1,773 are hereby appropriated to the FY1995-96 Operating Budget of the Clerk of the Circuit Court for the
17 payment of over-time to staff the Clerk's record room from 5:00 p.m. to 8:00 p.m. two days each week for an esfilnated three
18 months or until the need is satisfied for this additional service.
19 BE IT FURRHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the appropriation
20 be offset by an increase of $1,773 in estimated revenue from the $25.00 fee to be paid by title companies for use of the record room
21 after hours.
22 This ordinance shall be effective from the date of its adoption.
23 Adopted by the Council of the City of Virginia Beach, Virginia on the Second day of april, 1966
24 1996.
25 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM
26
27 DEPARTMENT OF MANAGEMENT SERVICES CITY ATTORNEY
28 c:\budget\95-96\clrkot.ord vol. 53 sgh March 25, 1996
- 18 -
Item IV-K2
ORDINANCES ITEM # 40607
Admiral Dick Dunleavy, 2220 Sandpiper Road, Phone; 426-0225, represented the Sandbridge Oceanfiont
Property Owners
Thomas E. Fraim, Chairman of Erosion Commission, advised City Council relative meeting with NBC,
concerning their program re Sandbridge.
Upon motion by Council Lady Henley, seconded by Vice Mayor Sessonts, City Council ADOPTED:
Ordinance to TRANSFER $100,000 to the Sandbridge Beach
Restoration and Renourishment Project (CIP #2-282) from the
Sandbridge Special Service District Special Revenue Fund to allow the
Army Corps of Engineers to complete preliminary engineering and design
of the project.
Voting: 9-2
Council Members Voting Aye:
John A Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P, Jones, Mayor Meyera E.
Oberndorf, Vice Mayor William D. Sessoms, Jr. and louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean and Nancy K Parker
Council Members Absent
None
April 2, 1996
I AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF
2 $100,000 TO THE SANDBRIDGE BEACH RESTORATION AND
3 RENOURISHMENT CIP PROJECT #2-282 FROM THE SANDBRIDGE
4 SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND TO
5 ALLOW THE ARMY CORPS OF ENGINEERS TO COMPLETE
6 PRELIMINARY ENGINEERING AND DESIGN OF THE PROJECT
7 WHEREAS, the Sandbridge Beach Restoration and Renourishment Project #2-282 was
8 approved by Council with the FY 1995-96 CIP,
9 WHEREAS, City funds for the project are provided by revenues generated from properties
10 within the Special Service District boundaries, and appropriated to the Sandbridge Special Service
11 District Special Revenue Fund,
12 WHEREAS, Federal funds in the amount of $100,000 for the project's preliminary
13 engineering and design are included in the President's proposed FY 1996-97 federal budget, but
14 Congress cannot authorize construction funds in the same year as preliminary engineering and design
15 funds;
16 WHEREAS, if the City were to provide the $ 100,000 to the Army Corps of Engineers for
1 7 preliminary engineering and design, it would facilitate the pursuit of additional Congressional
18 construction funding for Sandbtidge in FY 1996-97, and
19 WHEREAS, there is presently $100,000 available for transfer from the Sandbridge Special
20 Service District Special Revenue Fund.
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA, that funds in the amount of $100,000 be transferred to the
23 Sandbridge Beach Restoration and Renourishment CIP Project 92-282 from the Sandbridge Special
24 District Special Revenue Fund in order to allow the Army Corps of Engineers to complete the
25 preliminary engineering and design of the project.
26 Adopted the 2 day of April
1996, by the Council of the City of Virginia Beach,
27 Virginia.
APPROVED AS TO CONTENT
APPROVED AS TO
LEGAL, SUFFICIENCY
F:\SJOHNSTON\COUNCIL\2282COE.ORD
- 19 -
Ite,m IV-K3.
RESOLUTION/ORDINANCES ITEM # 40608
A motion was made by Councilman Branch seconded by Councilman Jones, to ADOPT an Ordinance to
authorize the City Manager to execute a Lease Agreement with Michael I. Ashe for office space re the
administration and operations of Parking Systems Management. Said MOTION was WITHDRAWN.
BY CONSENSUS, City Council DEFERRED TO THE 19 APRIL 1996 CITY COUNCIL SESSION.
Ordinance to authorize the City Manager to execute a Lease Agreement
with Michael I. Ashe for office space re the administration and
operations of Parking Systerm Management
City Staff shall address concerns relative the cost of the lease and it not being a full service lease. Utilities
and janitorial services are not provided. City Staff shall provide information relative amortization of
Investment improvements made by Michael Ashe to the building. City Staff shall also advise when Parking
Systems Management would be moved to the Beach Borough Services Center, and if the term of the lease
with Michael Ashe would fit into this schedule.
Vice Mayor Sessoms ABSTAINED as the applicant does businesy with Central Fidelity Bank
April 2, 1996
- 20 -
Item V-K4.
CONSENT AGENDA ITEM # 40609
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED.-
Ordinance to authorize tax refunds in the amount of $15,593.04 upon
application of certain persons and upon certification of the City
Treasurer.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, LinwOOd 0. Branc,% 111, Robert K Dea?t William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
MaYOr Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoms, Jr and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent
None
April 2, 1996
3/ 71 96 EMC
ORM NO, C.A. 7 Page 1 of 2
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Mark & Jennifer Boespflug 96 RE(1/2) 010879-2 12/29/95 58.20
Commerce Bank of Kansas City 96 RE(1/2) 110660-3 12/5/95 932.53
Ali R Jamali 96 RE(1/2) 059323-9 11/24/95 221.03
Baycliff Civic League Inc 96 RE(1/2) 007331-0 1/25/96 .30
Baycliff Civic Leaaue Inc 96 RE(1/2) 007328-5 1/25/96 1.89
Baycliff Civic League Inc 96 RE(1/2) 007329-4 1/25/96 53.60
Baycliff Civic League Inc 96 RE(1/2) 007330-1 1/25/96 .60
Marvin S Friedberg 96 RE(1/2) 041361-2 12/5/95 641.76
Esther B Ward 96 RE(1/2) 125758-4 11/29/95 305.61
David C & Lucinda Fuller 96 RE(1/2) 041731-5 1/16/96 104.37
VHDA Central Servicing 96 RE(1/2) 014803-5 11/9/95 58.34
J&E of Virginia Ltd. 96 RE(1/2) 058751-4 12/5/95 502.31
J&E of Virginia Ltd. 96 RE(1/2) 058752-3 12/26/95 513.21
Jacqueline Klecky 96 RE(1/2) 065647-7 12/5/95 11.88
Dick Kelly Enterprises#18 96 RE(1/2) 063990-5 12/5/95 2,780.46
Citicorp Mortgage Inc 96 RE(1/2) 051896-5 11/24/95 39.78
Elmer C Jr & Elizabeth Bonney 96 RE(1/2) 011261-6 11/21/95 59.40
BankOklahoma Mortgage Co 96 RE(1/2) 130427-5 11/24/95 2,940.30
Countrywide Funding Corp 96 RE(1/2) 053749-0 12/5/95 29.70
Tommy L & Maria McMillan 96 RE(1/2) 079181-0 1/18/96 58.19
Tommy L & Maria McMillan 96 RE(1/2) 079182-9 1/18/96 13.11
Tommy L & Maria McMillan 96 RE(1/2) 079183-8 1/18/96 16.28
May Dept Store Co 96 RE(1/2) 065894-7 11/14/95 297.00
W L Page, A P & R C Bell 96 RE(1/2) 090406-6 11/15/95 7.25
Philip M & Anna Stewart 96 RE(1/2) 115172-3 11/24/95 89.10
Leona P Nock 96 RE(1/2) 087558-8 12/5/95 54.88
Edmund E Sr & C Garrett 96 RE(1/2) 042924-0 12/4/95 50.49
Wendover Funding Inc 96 RE(1/2) 066859-8 11/14/95 307.69
J&E of Virginia Ltd. 96 RE(1/2) 058751-4 12/5/95 2,197.60
J&E of Virginia Ltd. 96 RE(1/2) 058752-3 12/5/95 2,245.32
GE Capital 96 RE(1/2) 016396-3 12/5/95 147.61
Ronald D Bridgeman 96 RE(1/2) 013303-2 12/5/95 11.88
Ronald D Bridgeman 95 RE(1/2) 013130-2 11/23/94 11.40
Ronald D Bridgeman 95 RE(2/2) 013130-2 5/24/95 11.40
Ronald D Bridgeman 94 RE(1/2) 013181-1 11/3/93 11.40
Ronald D Bridgeman 94 RE(2/2) 013181-1 6/l/94 11.40
Ronald D Bridgeman 93 RE(1/2) 060755-9 12/5/92 1.64
Ronald D Bridgeman 93 RE(2/2) 060755-9 5/14/93 9.81
See next page
This ordinance shall be effective from date of adoption.
The above abatements totaling top
were approved by
the Council of the City of Virginia
Beach on the --day of Jo T. (A
Approved as to form:
Ruth Hodges Smith
City Clerk
Les e L L:tlley, ity Att@ey
FORM NO, C.A. 7 EMC
Page 2 of 2
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Y ear of Tax Number tion No. Paid
Tommy L &Maria McMillan 95 RE(1/2) 077831-9 1/17/96 61.59
Tommy L &Maria McMillan 95 RE(2/2) 077831-9 1/17/96 58.96
Tommy L &Maria McMillan 94 RE(1/2) 077065-7 5/27/94 20.21
Tommy L &Maria McMillan 94 RE(2/2) 077065-7 4/12/95 20.97
Tommy L &Maria McMillan 93 RE(1/2) 076266-7 5/27/94 20.98
Tommy L &Maria McMillan 93 RE(2/2) 076266-7 5/27/94 20.21
James C Matolek Sr 95 RE(2/2) 075090-0 8/18/95 61.34
Bee Payton Powell 96 RE(1/2) 095705-3 12/28/95 45.32
Martha W Peterson 92 pp 265259-4 1/28/93 295.53
Katherine L Hannah 88 pp 077551-5 2/13/96 94.44
Bee Payton Powell 95 pp 290088-6 12/29/95 10.20
Bee Payton Powell 95 pp 290087-7 12/29/95 4.57
Margaret Wolfred 96 Dog V13648 11/19/95 10.00
David Nunnally 96 Dog V13644 12/5/95 10.00
Lee Campbell 96 Dog V07391 1/2/96 10.00
Kristine Sawyer 96 Dog V18117 1/8/96 2.00
Albin Peschke 96 Dog V21244 1/25/96 10.00
Prudence Palmer 96 Cat V17732 1/8/96 2.00
Barbara Rector 96 Dog V19993 1/18/96 2.00
Karen Silverman Golden 96 Dog V19940 1/16/96 2.00
C W Wilcox Jr 96 Cat V16985 12/28/95 2.00
Darlene Walters 96 Dog V09519 12/19/95 10.00
Darlene Walters 96 Dog V09518 12/19/95 10.00
I-Otal 15,593.04
This ordinance shall be effective from date of adoption.
Tp tement(s@ totaling c
... were approved by
the Council of the City of Virginia
Beach on the ? -day of .1996
ic
Approved as to form:
Ruth Hodges Smith
City Clerk
- 21 -
Itein V-K5.
CONSENT AGENDA ITEM # 40610
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch City Council ADOPTED:
Ordinance to authorize license refunds in the amount of $11,010.67 upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck 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
April 2, 1996
No. CA I
'AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
cl@ OPON CERTIFICATION OF THE COMMISSIONER
. @l-L OF THE REVENUE
crry OF VIRGit4ill LIFI@
BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Toni P. Keating 1995 Audit 222.00 222.00
T/A S & S Media
1805 Rose Petal Court
Virginia Beach, va 23456
Betty R Kirby 1995 Audit 49.04 49.04
T/A Knitting Mach. & Yarns By Bettv
3097 Newbridge Road
Virginia Beach, va 23456
Nationsbank of Virginia 93-94 Audit 3,094.16 3,094.16
T/A Plaza Virginia Beach/Nikolais
25 South Charles St 1300
Baltimore, Md. 21201
Parr Four, Tnc 1995 5,556.84 5,556.84
T/A Video Express
5300 Kempsriver Rd 102
Virginia Beach, va 2 3464 Certified as to Payment:
@bert P. Vaugha@
Commissioner of the Revenue
Approved as to form:
Ce-s(ie L. Lilley
This ordinance Shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling $ 8,922.04 were approved by the Council
of the City of Virginia Beach on the 2 day of April ,1996.
Ruth Hodges Smith
City Clerk
MM NO. CJL 03M
AN ORDINANCE ALJTHORIZING LICENSE REFUNDS
UPPN APPLICATION OF CERTAIN PERSONS AND
UPIDN CERTIFICATION OF THE COMMISSIONEFT
Oq THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Anne R. Russell 1995 2-28-96 30.()O 30.00
T/A Anne R Russell
4424 Hinsdale Street
Virginia Beach, Va 23462
Maxine Spool Md PC 94-95 Audit 32.37 32.37
1212 Lake Jarnes Drive
Virginia Beach, va 23464
T K Tripps of Va, Inc 1994 Audit 1,231.01 1,231.01
T/A T K Tripps/Rock-ola Cafe
P 0 Box 10398
Greensboro, NC 27404 - 0398
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,293.38 were approved by the Council
of the City of Virginia Beach on the2day of 19 1)6
Ruth Hodges Smith
City Clerk
NO. CA a wave 3"
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Tidewater Childrens Associates, Ltd
5121 Greenwich Road 94-95 Audit 82.41 82.41
Virginia Beach, va 23462
Kenneth M. Van Stralen DDS 94-95 Audit 660.56 660.56
2713 0 Street NW
Washington,,DC 20007
Wild Water Rapids, Tnc 93-95 Audit 52.28 52.28
1120 Laskin Road
Virginia Beach, va 23451
i7@
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to form
L@i4 L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 795.25 were approved by the Council
2 April 96
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
- 22 -
Item V-L.l.
APPOIATMEATS ITEM # 40611
BY CONSENSUS, City Council RESCHEDULED:
VIRGINIA BEACH CRIME TASK FORCE
April 2, 1996
- 23 -
Itein V-L2
APPOINTMENTS ITEM # 40612
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED.-
REVIEW AND ALLOCATION COMMITTEE (COIG)
Dr. Patrick Konopnicki
Department of Health
(No Term)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Meinbers Voting Nay:
None
Council Members Absent.-
None
April 2, 1996
VIRGINIA BEAQ-H
DEPARTMENT OF @AG@ SERVICES
Crr'Y HALL BUILDING, ROOM 3B
MUNICIPAL CENTER
VIRGINIA BIEACH, VA 234@
PHONE: (804) 427-M4/FAX: (804) 426-5875
DATE: October 30, 1996
TO: Ruth Hodges Smith, City Clerk
FROM: Mary Miller Gentry
COIG Review and Allocation Committee, Staff Liason
Department of Management Services
SUBJECT: Appointments to the Community Organization Incentive Grant (COIG) Review and Allocation Committee
As we discussed last Wednesday, October 23, 1996, Dr. Dandoy requested that Dr Konopnicki serve as her designee for the
COIG Review and Allocation Committee last year during the FY 1996-97 application process. Dr. Dandoy has indicated to me
that she will be able to resume her role on the committee and will no longer require Dr. Konopnicki to serve as her designee.
Based on our conversation, further Council action is not necessary. However, please take whatever action is necessary to
reinstate Dr. Dandoy as a member of the COIG Review and Allocation Committee. Please let me know if additional Council is
necessary so that I can provide you with a formal resignation from Dr. Konopnicki.
cc: Priscilla M. Beede, Chairman of the COIG Review and Allocation Committee
Suzanne Dandoy, M. D., Director of the Department of Health
- 24 -
I@ V-L.3
APPOINTMENTS ITEM # 40613
UPON NOMINATION bY ice Mayor Sessoms, City Council APPOINTED:
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
Frank Lane
(Public Al Large)
3 Year Term
4/01/96 thru 3/31/99
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; 111, Robert K Dean, urilliam W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Kice Mayor Wzlliam D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Meinbers Absent.-
None
April 2, 1996
- 25 -
Item V-M-1.
UNFINISHED BUSINESS ITEM # 40614
Upon motion by Councilman Harrison, seconded by Council Lady Strayhorn, City Council SCHEDULED
FOR HEARING 9 APRIL 1996:
RECONSIDERA77ON TO MODIFY CONDITIONS in the January 19,
1988, approved Application of MARIE T. LAMB for a Change of Zoning
District Classification from R-8 Residential District to A-1 Apartment
District for LYNN LTD. at the Southwest corner of Bonney Road and
Kenley Road (4973 Bonney Road), containing 7.8 acres (KEMPSWLLE
BOROUGH).
On March 26, 1996, City Council REFERRED this application BACK TO THE PLANNING
COMMISSION.
Councilman Harrison advised that going "back to the Planning Commission" would be an economic
detriment to the applicant.
A Verbatim shall be provided of the City Council Meeting of January 19, 1988, relative the MARIE T.
LAMB application.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W. Harrison, Jr.,
Harold Heischober, Louis R. Jones, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Absent.-
Robert K Dean
April 2, 1996
- 26 -
Itein V-N. I.
NEW BUSINESS ITEM # 40615
With Vice Mayor Sessoms PRESIDING, upon motion by Mayor Oberndorf seconded by Councilman
Dean, City Council ADOPTED, AS AMENDED:
Resolution expressing interest of the City Council in participating in the
study on the possibility of the area becoming home to a Major Sports
Franchise; and, the method by which that study will be undertaken.
On the second page "Sports Authority of Hampton Roads" shall be inserted, to read:
"BE IT FURTHER RESOLYED;
That it is the express desire of the City Council that the work
accomplished using the public funds that would be made available by
vote of the Executive Committee of the Hampton Roads Planning District
Commission or other public funds be directed by the Sports Authority of
Hampton Roads and that the selection of a consultant be done under the
requirements of the Virginia Public Procurement Act; and,
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Brancl; III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Rrayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April Z 1996
A RESOLUTION EXPRESSING THE INTEREST OF THE COUNCIL OF
THE CITY OF VIRGINIA BEACH IN PARTICIPATING IN THE STUDY ON
THE POSSIBILITY OF THE AREA BECOMING HOME TO A MAJOR
SPORTS FRANCHISE AND THE METHOD BY WHICH THAT STUDY
SHALL BE UNDERTAKEN
WHEREAS, the Hampton Roads area is the largest metropolitan area in the
Nation without a major professional sports franchise; and
WHEREAS, the lack of a major sports franchise may be attributable to the lack
of a facility of sufficient size for professional basketball or ice hockey to be housed; and
WHEREAS, the Hampton Roads Mayors and Chairs Caucus has discussed the
need for a consultant to examine the possibility of constructing a 20,000 seat arena for
professional basketball and/or ice hockey to be located in the Hampton Roads area; and
WHEREAS, this initial study would examine the experience in other jurisdictions
in procuring and retaining a professional sports franchise, the amount of private sector
support needed from major businesses, the number of luxury boxes that could be sold,
the demographics of the Hampton Roads area and its impact on the affordability of
admission to professional basketball or ice hockey games, and other issues; and
WHEREAS, this initial study will set the tone for the entire process of procuring
a franchise, identifying funding mechanisms, and receiving the necessary public support;
and
WHEREAS, based on the results of the initial study, follow on studies would
establish the preferred site and funding mechanisms; and
WHEREAS, it has been proposed that the Greater Norfolk Foundation, established
for the advancement of economic development in the City of Norfolk, administer this
initial study; and
WHEREAS, the Hampton Roads Planning District Commission has up to $150,000
of public funds available in its unallocated surplus for use if agreed to by the Executive
Committee of the Hampton Roads Planning District Commission for the consultant study
to determine the feasibility of a major sports franchise being located in Hampton Roads.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That, the City Council enthusiastically endorses the effort of the region to examine
the feasibility of a major sports franchise being located in the Hampton Roads area, in
a facility that would be deemed suitable for a successful franchise; and
BE IT FURTHER RESOLVED:
That the City Council hereby agrees to participate with staff support and other
input as is needed in the identification of those items to be studied, the selection of a
consultant, and the execution of the study; and
BE IT FURTHER RESOLVED:
That it is the express desire of the City Council that the work accomplished using
the public funds that would be made available by vote of the Executive Committee of the
Hampton Roads Planning District Commission or other public funds be directed by the
Sports Authority of Hampton Roads, and that the selection of a consultant be done under
the requirements of the Virginia Public Procurement Act; and
BE IT FURTHER RESOLVED:
That Mayor Meyera E. Oberndorf is hereby authorized to express the sense of the
Council as expressed in this resolution to the Hampton Roads Mayor and Chairs meeting
at its April 26, 1996 meeting.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Second
day of April 1996.
@l&\ITENITS
@:'D AS Tn Lr@f7,@,L
COY
- 27 -
Item V-N.2
NEW BUSINESS ITEM # 40616
The following spoke in SUPPORT:
John Baillio, 221 66th Street, Phone: 425- 71 73, advised the key to the Ordinance is the location of these
farm ponds.
Ann Henley, 3112 Colchester Road, Phone: 426-6991
Dolly Mason, 3369 Colchester Road, Phone: 426-6528
Robert Pfaffinger, 821 Los Conaes Way, Phone: 426-6059 represented the Lago Mar Civic Association
Assistant City Attorney Vanessa Valldjuli advised pursuant to Section 21-204 of the City Code, the
Department of Public Works has performed an engineering study of Colchester Road and has
recommended the maximum weight limit upon this road should be eight (8) tons. The engineering study
disclosed the recent operation of commercial vehicles over Colchester Road has seriously damaged the
road and rendered it unsafe for all vehicular trafftc. Signs stating the eight (8) ton weight limit shall be
erected immediately at each end of Colchester Road. This will be effective for 90 days. Enforcement of
this weight limit will ensue immediately upon the posting of the aforesaid signs.
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council DEFERRED TO
THE 23 APRIL 1996 CITY COUNCIL SESSION
Resolution to declare City Policy is to not purchase excavated nwterial
from those "grandfathered" agricultural operations which are not subject
to the fee required for material removed from borrow pits under City
Code Section 30-20. (Sponsored by Councilman Robert K Dean)
The City Attorney's office will rewrite the Resolution in coordination with Council Members Baum and
Dean to arrive at a more equitable and permanent solution to the problem. Police will be enforcing the
maximum weight limit on Colchester Road.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert K Dean, William W. Ilarrison, Jr., Harold
Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Nancy K Parker, Trice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Linwood 0 Branci4 III
April 2, 1996
- 28 -
Item V-N.3.
NEW BUSINESS ITEM # 40617
Mayor Oberndorf referenced a letter from the Resort Area Advisory Commission requesting a one hour
Workshop with City Council to discuss mutual priorities in the resort area. The Mayor and City Manager
will coordinate scheduling this for City CounciL
April Z 1996
- 29 -
Ite,m V- 0.
ADJOURNMENT ITEM # 40618
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:50 P.M..
@- -@ - @, - *Ifl)l@ -------
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
---- --- ----------------------
Meyera E. Obertidorf
City Clerk Mayor
City of Virginia Beach
Virginia
April 2, 1996