The URL can be used to link to this page

Home My WebLink AboutSEPTEMBER 7, 1993 MINUTES"WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS JR, At Large JOHN A BAUM, Blackwater Borough I INWOOD 0 BRANCH III, Vzrgmm Beach Borough JAMES W BRAZIER, JR, Lvnnhaven Borough ROBERT W CLYBURN Keraprvzlle Borough ROBERT K DEAN Pnncess Anne Borough LOUIS R JONES, Bays~de Borough PAUL J LANTEIGNE, Pungo Borough JOHN l) MOSS At Large NANC~ K PARKER, At Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY, C~ty Attorney RUTH HODGES SMITH CMC / AAE, C~ty Clerk CITY COUNCIL AGENDA SEPTEMBER 7, 1993 OUR 281 ( ITY ttALL BUILDING MUNICIPAL CENTER VIR( ,INI4 BEACH VIRGINI4 23450 9005 1804~ 427 4 ~0 ~ I. CITY MANAGER'S PRESENTATIONS - Council Chamber - 11:00 AM Ao a. C. PUBLIC TRANSPORTATION Robert J. Scott, Director of Planning EXCEPTIONAL WATERS - Nomination of North Landing River and Major Tributaries Robert J. Scott, Director of Planning PENDING ITEMS UPDATE II. INFORMAL SESSION - Council Chamber - 12: NOON A, Bo Co CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Richard J. Keever Bayside Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION Fo MINUTES 1. INFORMAL & FORMAL SESSIONS - August 24, 1993 G. MAYOR' PRESENTATION . AWARD OF FINANCIAL REPORTING ACHIEVEMENT Patricia A. Phillips, Director of Finance Robert M. Hayes, Comptroller H. BRIEFING . CABLE TELEVISION Franklin R. Bowers, Vice President/General Manager Cox Cable of Hampton Roads I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. , Resolution authorizing the filing of an Application with the State Council on Local Debt re issuance and sale of Water and Sewer System Revenue Refunding Bonds and General Obligation Refunding Bonds; and, directing the City Manager pursue the necessary requirements for the issuance and sale of one or more series of bonds to refund certain outstanding Bonds. . Ordinance to ACCEPT and APPROPRIATE $1,000,000 from the United States Department of Housing and Urban Development to the Department of Housing and Neighborhood Preservation re housing rehabilitation funding in the Seatack, Atlantic Park and Queen City neighborhoods; and, increase federal government revenues accordingly. . Ordinance to ACCEPT and APPROPRIATE $189,481 Federal Funding and a State Grant of $4,000 to the Department of Mental Health, Mental Retardation and Substance Abuse re substance abuse treatment and prevention, additional infant stimulation services and create an AIDS Education Program for jail inmates; and, increase Federal/State revenue accordingly. . Ordinance to ACCEPT and APPROPRIATE State Funding of $81,760; increase the estimate of Medicaid transportation revenue by $20,000; TRANSFER $5,682 within the Department of Mental Health, Mental Retardation and Substance Abuse Operating Budget re case management, day treatment and transportation for Mental Retardation Program participants; and, that estimated revenue increase accordingly. . Ordinance to TRANSFER $36,400 from the DEA Shared Assets Reserve for Contingency Fund re purchase two (2) vehicles and radios for the Domestic Violence Unit within the Investigative Division of the Police Department. . Ordinance to TRANSFER $100,000 from Larkspur Sewer Project (CIP 6-945) to Princess Anne Plaza Rehabilitation Sewer Project (CIP 6-938) re cost of construction, additional engineering, inspection costs and allow for construction-related contingencies. 7. Ordinance authorizing Tax Refunds in the amount of $15,748.21. J. APPOINTMENTS PUBLIC LIBRARY BOARD - Student SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD -Resignation K. UNFINISHED BUSINESS L. NEW BUSINESS 1. NATIONAL LEAGUE OF CITIES Designation of Voting and Alternate Voting Delegates 1993 Annual Conference M. ADJOURNMENT If you are physically disabled, hearing or visually impaired and need assistance at this meeting please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 9/2/93mlm AGENDA~9-7-93.1TM MINUTES VIRGINIA BEACH CITY COUNCIL VirgInIa Beach, VIrginia September 7, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S PRESENTATIONS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 7, 1993, at 11:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R. Jones, John D. Moss, Nancy IC Parker, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. City Council Members Absent: Robert K. Dean (ENTERED: 11:15 A.M.) James W. Brazier, Jr. (ENTERED: 12:55 P.M.) Paul J. Lanteigne (ENTERED: 12:55 P.M.) Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, disclosed the Bank may or may not have an interest in one or more applications before City Council. The Vice Mayor regularly files this Disclosure with the City Clerk as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of September 7, 1993, is hereby made a part of the record. -2- ITEMS OF THE MA YOR ITEM # 37166 Mayor Oherndorf extended annreciation to the City Manaeer Jamee Soore. Chief of Staff C. Oral [a2mbert. City of Virginia F each WILLIAM D SESSOMS JR VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455-5732 September 7, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re' Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the September 7, 1993, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda in which I have a "personal interest," as defined in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, Vice-Mayor Jr. WDS,Jr./dmc -3- CITY MANAGER'S PRESENTATIONS PUBLIC TRANSPORTATION ITEM # 37167 11:00 A.M. Robert J. Scott, Director of Planning, referenced the proposed TRT Budget comprised of a municipal subsidy from Virginia Beach of approximately $907,000. This subsidy encompasses: administrative, transit trolley and handi-ride. With the exception of the express bus service proposed for the new park-n-ride lot at Indian River Road and Reon Drive, the proposed budget does not include any new services. In conjunction with that particular service, TRT has submitted an application for a Federal CMAQ grant (Congestion, Mitigation and Air Quality). This grant will cover both operating and capital expenses associated with this new service for the first year and probably for the second year. If in one year hence, according to TRT, the City decides to continue with this service, the City's share might be approximately $50,000, but will not impact the upcoming budget. Mr. Scott advised Federal regulations of the Americans with Disabilities Act require only those individuals living within 3/4 of a mile from an existing fixed bus route are eligible for handi-ride service. ~4 fairly substantial set of fixed bus routes exists within the urban area; however, this is not the case in the rural area of the City. The population of disabled citizens is scattered throughout the city without regard to urban or rural characteristics, thus certain disabled individuals are at an extreme disadvantage. The City staff proposes requesting City Council provide this handi-ride service to all residents, which will entail a cost of approximately $35,000 a year in extra subsidy. Mr. Scott advised approximately fifty-seven individuals live in the optional areas and meet the criteria to be provided the handi-ride service. Twenty-four citizens appear now to be making routine use of this service at a cost to the City of approximately $14.78 a trip. The passenger pays $5.00 each trip. Dale Castellow, Transportation Planning Coordinator, advised approximately 900 individuals per month utilize the handi-ride. Federal dollars are utilized to subsidize handi-ride service. The capital and maintenance cost on the vehicles goes into the State equation and TRT receives State funds for these particular costs. As a consequence of expanding the handi-ride service, an additional 2400 trips per year would be required. Mr. Scott displayed the TRT 5-Year Program Map. The yellow area designates the existing bus service in the region. The proposal shown in green reflects the expanded service. The route shown in red basically reflects a service recently added between Pembroke Mall to the Municipal Center, which is being utilized on a six month experimentation basis. The vast majority of riders (approximately 103) are bound for Tidewater Community College. The ridership from TCC to the Municipal Center drops dramatically. Mr. Scott urged City Council to pay attention to the basic issue: "What role do you want transit to play in your community?" Mr. Scott advised transit items which will be brought forward in more detail during future City Council Sessions: A comprehensive approach to dealing with resort issues at the oceanfront: land use planning, parking, circulation studies, economic based expansion opportunities and TGIF issues. It will be necessary to look at the Oceanfront as one large unified entity and not as a collection of individual hotels and businesses. As far as circulation within this area is concerned, do away with the dependency on the automobile and replace this with a greatly enhanced Oceanfront trolley service. The oceanfront trolley service now being provided is paying for itself and the City is not losing money on this service. By greatly enhancing this service, the need to provide individual parking lots for each restaurant, and retail establishment can be eliminated. Examples of certain regions who have utilized a public/private partnership successfully will be presented, as well as the cost factors. Information regarding employee parking away from the facilities will also be provided. Members of the disabled community should be present to allow response to their concerns. Information regarding ridership by time slots shall be forwarded. September 7, 1993 -4- CITY MANAGER'S PRESENTATIONS EXCEPTIONAL WATERS ITEM # 37168 11:45 A.M. Robert Scott, Director of Planning read into the record a paragraph form the recent edition of Environmental Law News published by the Virginia State Bar. "Federal Regulations require States to develop and implement state wide water anti-degradation policies. As part of the program, states must maintain and protect the water quality of particularly high-quality waters know as "Tier 3 Waters". According to the EPA Region 3, states must promulgate regulations for high-quality waters to protect and maintain the most pristine waters of the United States. Although the Tier 3 designation specifically applies to those waters contained in national parks, state parks and wildlife refuges, the designation also includes waters that are importang unique or ecologically sensitive. As examples of waters in this special category, the EPA lists wetlands, the Florida Everglades, waters in the New Jersey P~'ne Barrens and waters which contain endangered species. In addition, the EPA knows that waters of exceptional recreational values, such as wild and scenic rivers, may be appropriate for Tier 3 status. Furthermore, according to EPA, once a Water has been designated as a Tier 3 Water, the Water can never be reclassified. Pursuant to these federal regulations, the Virginia State Water Control Board promulgated regulations to implement a State Water Anti-Degradation Policy. As part of this policy, the State Water Control Board included regulations that govern the treatment of surface waters, or a portion thereof, which provide exceptional environmental settings in exceptional aquatic communities or exceptional recreational opportunities. Under the regulations, once an area is designated as a Tier 3 Exceptional Water, no new or increased discharge of sewage, industrial waste or other pollution is allowed into the designated Water; however, there are exceptions to this prohibition in limited circumstances." This is a State program pursuant to Federal regulation and it allows groups or individuals to nominate bodies of water for designation as either Tier I, Tier 2 or Tier 3. Tier 3 is the most intense regulation. The regulations have not been approved, but if adopted as proposed, the effect would be to prohibit newer expanded discharges of runoff within that area. Two local environmental groups have nominated the North Landing River as a proposed Tier 3 body of water and its watershed. Mr. Scott displayed a map depicting in blue the areas which would drain into the North Landing River. The regulations are peculiar as they give anybody the opportunity to designate any body of water as Tier 3. The City can offer written comments to the State Water Control Board or the Department of Environmental Quality. City Staff, Members of the Planning Department and City Attorney's Office attended a Workshop on the proposed Tier 3 regulations. Relative the designation of the North Landing River, the staff believes the restrictions placed upon any Waters in that particular area may be extreme for anyone who wishes to utilize their land for what ever purpose they desire. The localities have no authority in the designations. They may become involved in the process of deciding whether this designation is to apply through submitting written comments and participating in the Public Hearing process, but the decision will be made at the State level. Assistant City Attorney l,'anessa Valldejuli will provide a proposed set of written comments concerning the Exceptional Waters Program to Members of City Council. A comprehensive report will be furnished by City Staff. September 7, 1993 -5- CITY MANAGER'S PRESENTATIONS EXCEPTIONAL WATERS ITEM # 37168 (Continued) Assistant City Attorney Valldejuli advised the deadline for written comments regarding the anti- degradation issue and the fifteen nominations is September Thirteenth at 4:00 P.M. Public Hearings will be scheduled in October. The State Water Control Board did vote to go forward with the applications and the public comment process despite the fact that EPA did not provide them with the guidance necessary and has not approved these regulations. Barbara Henley, President of SAVE, advised when the group was developing the nomination last Fall, she met with members of the Planning staff to gather information. After the nomination was completed, a copy was forwarded to the Mayor, with abbreviated copies to all members of City Council. Calls and meetings were attempted with all. The workshop on August Twentieth was called to explain the Guidance document and it is the Guidance Document that has a September Thirteenth deadline. During the workshop, it was indicated probably three or four non-controversial trout streams will be chosen for teh October 1993 considerations. It was indicated the North Landing River would definitely not be one of those heard at that time and has not yet been accepted for nomination. The State Water Control Board will decide in October whether to go ahead with the Public Hearings on these three or four nominations. If the Board decides to do so, the Hearings will probably be in the first quarter of 1994. There will then be a sixty day written comment period, and it will probably be mid 1994 before the Board acts on these. The State recognizes this is a new program with many problems. There have been 45 nominations submitted. Therefore, it could be possibly three years before they consider the North Landing River. SAVE has only been told they have submitted all the information necessary in their report. The September Thirteenth deadline is only for comments on the Guidance Document. Assistant Attorney Valldejuli advised under a Tier 3 designation, the City could not expand on any facilities that are presently existing under their permits, even if it is to improve water quality. Mrs. Henley suggested a video or transcript of this particular item be submitted for review and response to City Council's concerns to the appropriate parties. A City Council Workshop regarding EXCEPTIONAL WATERS shall be scheduled. September 7, 1993 -6- CITY MANAGER'S PRESENTATIONS PENDING ITEMS UPDATE 12:47 P.M. ITEM # 37169 The City Manager advised he had added to the PENDING ITEMS UPDATE, the EXCEPTIONAL WATERS designation and the Grand Prix item originally identified by City Council in January. ITEM # 3717O Councilman Moss referenced the Central Business District Land Use Plan concerning drainage and hoped this could be pulled on a separate track. Concerning Parking requirements for restaurants in the Resort Tourist and B-3 zoning districts, Councilman Moss advised the B-3 parking is a separate issue from the resort strip. Councilman Moss wished these issues be handled separately. Councilman Moss referenced the possibility of a property swap concerning the Bayside Boat launch issue. Councilman Moss referenced the VEPCO high power tension line down through Salem Woods and down to Princess Anne Park. The issue was raised several years ago concerning the possibility of having a bike path in the VEPCO right-of-way. ITEM # 37171 The City Manager advised Councilman Jones, relative the CBD drainage, four or five alternatives have been identified in terms of a regional or subregional BMP in that area and they are attempting to develop financial plans. ITEM # 37172 Councilman Dean clarified the statement regarding the cost of the site required for establishment of the race track is estimated at $1,600,000 and has been included in the Southeastern Expressway Study Project. These funds are only for the advance acquisition of easements of the Southeastern Expressway. This is not the entire land sale. September 7, 1993 -7- ITEM # 37173 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, September 7, 1993, at 12:55 P.M. Voting: 9-0 Council Members Voting .dye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne September 7, 1993 -8- ITEM # 37174 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amendea~ for the following purposes: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments - Boards and Commissions: Public Library Board Southeastern Hampton Roads Disability Services Board 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: Acquisition of Property - Beach Services Center - Parking 25th Street 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 provisions of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Lisa G. Lawrence v. City of Virginia Beach Lyman E. Willis, III v. City of Virginia Beach, et al Upon motion by Vice Mayor Sessoms, seconded by Councilman Baurn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert K. Dean, Louis I~ Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. and Paul J. Lanteigne September 7, 1993 -9- FORMAL SESION VIRGINIA BEACH CITY COUNCIL September 7, 1993 2:00 P34. Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 7, 1993, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Richard J. Keever Bayside Presbyterian Church PLEDGE OF/ILLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 7, 1993 - 10 - Item III-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 37175 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; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to thc affirmative vote recorded in ITEM # 37174, 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, THEREFORE, 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, Co) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R~h Hodges ~'mith,'CMC/AAE City Clerk September 7, 1993 - 11 - Item III-F. 1. MINUTES ITEM # 37176 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 24, 1993. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert lC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndoff, Nancy lC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: John D. Moss Council Members Absent: None Council Member Moss ABSTAINED as he was not in attendance during the City Council Session of September 7, 1993. September 7, 1993 - 12 - Item III-G. 1. PRESENTATION ITEM # 37177 Mayor Oberndorf PRESENTED the AWARD OF FINANCIAL REPORTING ACHIEVEMENT for the fiscal year ended June 30, 1992 to: Patricia A. Phillips Director of Finance Robert M. Hayes Comptroller This Award of Financial Reporting Achievement is presented by the Government Finance Officers Association to those individuals who have been instrumental in their government unit achieving a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. September 7, 1993 - 13 - Item III-H. 1. BRIEFING ITEM # 37178 CABLE TELEVISION Franklin R. Bowers, Vice President/General Manager - Cox Cable Hampton Roads, Inc., advised the FCC has set initial rates based on what should occur in a competitive market place. Cox Cable has determined the existing rates were well below the benchmarks established for a competitive market place. By the FCC regulations, Cox Cable adjusted these rates to remain still below the maximum allowable rates (benchmarks). ~4 number of services had to be reduced i.e, additional outlets went from $3.00 to zero. This was then reallocated into the basic rate and the existing rates resulted. Rates were established on cost versus value. The limited basic service or the hfeline service use to be subsidized through other services. By law, this is no longer allowed. Cox must price based on cost. A number of residents have had their rates in basic service increase and with a few residents the rates have gone done. The overall assessment is a rate decrease of approximately SI-MILLION in revenue for Cox with the regulator rates. Mr. Bowers advised receiving only one complaint thus far. The real target of the FCC was tying future rate increases to the rate of inflation and actual cost issues. The City is responsible, if they care to be, for eighteen (18) basic channels, which is the limited basic. The other thirty channels, the FCC automatically regulates. All records of Cox are open and available to the City officials. Under the law, if Cox's rates are perceived to be inappropriate, they can be rolled back. Mr. Bowers advised changes in benchmarks are allowed once a year. This will be based on inflation and cost incurred by Cox. Cox must inform City Council of these changes thirty days in advance by law and by Franchise twenty-five days in advance. September 7, 1993 - 14 - Item III-H. 2. RESOLUTION ITEM # 37179 ADD -ON Upon motion by Councilman Jones, seconded by Councilman Moss, City Council AGREED TO ADD TO THE AGENDA: Resolution to AMEND Resolution No. R-93-02235 adopted by City Council on August 24, 1993, pertaining to the Sports Authority of Hampton Roads. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 - 15 - Item III-H. 3. RESOLUTION ITEM # 37180 ADD-ON Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council ADOPTED: Resolution to AMEND Resolution No. R-93-02235 adopted by City Council on August 24, 1993, pertaining to the Sports Authority of Hampton Roads. The following verbiage was added in the fourth paragraph: "In the event the Authority does. in fact. participate with the City and Churchill Downs in the development of the race track, the City understands that the Authority will establish a standard fee for issuing its bonds in assistance of any locali~., such fee being one-half of one- percent of the principal amount of the bonds, per annum. The city further understands that Churchill Downs has agreed to pay this fee as a part of its annual lease to the Authority or to any other public entity that may participate in the development of the race track by the issuance of its The following verbiage was added in the fifth paragraph to read: "BE IT FURTHER RESOLVED that the City Council agrees that such agreement to participate by the Sports Authority with the City and Churchill Downs does not preclude the participation by the Authority in similar projects within the region, and does not preclude the City from considering other options that may be available to finance the race track." Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert lC. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 A RESOLUTION TO AMEND RESOLUTION NO. R-93-02235 ADOPTED BY CITY COUNCIL ON AUGUST 24, 1993, PERTAINING TO THE SPORTS AUTHORITY OF HAMPTON ROADS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That Resolution No. R-93-02235 adopted by City Council on August 24, 1993, and attached hereto as Exhibit A, is hereby amended by adding the following language to lines 32-45 thereof: That the Sports Authority of Hampton Roads is hereby requested to participate with the City and Churchill Downs in the development of the race track, including acquiring and developing land and issuing revenue bonds in an amount now estimated at up to $17,800,000 to finance certain facilities of the race track and to do all things appropriate to achieve these ends. The Authority is further requested as a first action in this regard to adopt as soon as practicable, but not later than September 3, 1993, an "inducement resolution" in substantial conformity with that which is attached agreeing to such participation. In the event the Authority does, in fact, participate with the City and Churchill Downs in the development of the race track, the City understands that the Authority will establish a standard fee for issuing its bonds in assistance of any locality, such fee being one-half of one-percent of the principal amount of the bonds, per annum. The City further understands that Churchill Downs has agreed to pay this fee as a part of its annual lease to the Authority or to any other public entity that may participate in the development of the race track by the issuance of its bonds. 34 35 36 37 38 39 40 BE IT FURTHER RESOLVED that the City Council agrees that such agreement to participate by the Sports Authority with the City and Churchill Downs does not preclude the participation by the Authority in similar projects within the region, and does not preclude the City from considering other options that may be available to finance the race track. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of September 1993 43 44 45 46 CA-5275 ORDIN \NONCODE \ SPORTS 3 . RES R-2 PREPARED: September 7, 1993 Exhibit A 02g 5 RESOLUTION REQUESTING THE SPORTS AUTHORITY OF H~MMPTON ROADS TO ASSIST IN THE FINANCING OF A HORSE RACING FACILITY IN THE CITY OF VIRGINIA BEACH AND RELATED OFF-TRACK BETTING FACILITIES THROUGHOUT VIRGINIA 10 13 14 15 16 17 18 19 2O 21 22 23 24 26 27 28 29 3O 31 32 33 34 35 v6 WHEREAS, at the direction of City Council, representatives of the City of Virginia Bea6h, Virginia (the "C%ty"), and Churchill Downs, Incorporated have described to the Sports Authority of Hampton Roads (the "Authority") plans for Churchill Downs, Incorporated or an affiliated entity ("Churchill Downs") to develop a horse racing facility at a site in the southern part of the City (the "Race Track") and related off-track betting facilities throughout Virginia at a total cost of approximately $58,000,000 to be financed through a combination of public and private sources; WHEREAS, the City and Churchill Downs have entered into an Agreement of Intent for Churchill Downs to develop the Race Track and the off-track betting facilities, subject to obtaining a license from the Virginia Racing Commission, and for the City to construct certain public improvements at its cost and to assist in the financing of certain other improvements associated with the Race Track, including making up a deficiency in a debt service reserve fund in connection with a bond issue; and WHEREAS, the Authority was created for the purpose of acquiring, constructing, equipping, financing, maintaining and/or operating a public recreational and sports facility containing one or more race tracks and related facilities, and has in open session on August 13, 1993 expressed its interest in the project and willingness to perform. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Sports Authority of Hampton Roads is hereby requested to participate with the City and Churchill Downs in the development of the race track, including acquiring and developing land and issuing revenue bonds in an amount now estimated at up to $17,800,000 to finance certain facilities of the race track and to do all things appropriate to achieve these ends. The Authority is 38 39 41 42 43 44 45 46 47 48 49 ~0 51 52 53 54 55 56 57 58 59 60 further requested as a first action in this regard to adopt as soon as practicable, but not later than September 3, 1993, an "inducement resolution" in substantial conformity with that which is attached agreeing to such participation. BE IT FURTHER RESOLVED that the City Council agrees that such agreement to participate by the Sports Authority with the City and Churchill Downs does not preclude the participation by the Authority in similar projects within the region. BE IT FURTHER RESOLVED that the City Manager is authorized to do all things necessary to provide for the reimbursement of the Authority for out-of-pocket, non-contingent legal fees for general counsel associated with the development of documents for the project not to exceed $15,000; to provide for City costs of bond counsel services for the same purposes and, upon the formal agreement to participate by the Authority, to carry-out the development of documents, agreements and contracts, subject to final approval by the City Council. Adopted by the Council of the City of Virginia Beach, Virginia,cA_5266 on the ~~day of ~ .~(~~~~--, 1993. Noncode\Sports.Res R-3 August 20, 1993 RESOLUTION OF SPORTS AUTHORITY OF HAMPTON ROADS WHEREAS, representatives of the City of Virginia Beach, Virginia ("the City"), (and Churchill Downs, Incorporated have) (has) described to the Sports Authority of Hampton Roads (the "Authority") plans for Churchill Downs, Incorporated or an affiliated entity ("Churchill Downs") to develop a horse racing facility at a site in the southern part of the City (the "Race Track") and related off-track betting facilities throughout Virginia at a total cost of approximately $58,000,000 to be financed through a combination of public and private sources; WI-IEREAS, the City and Churchill Downs have entered into an Agreement of Intent for Churchill Downs to develop the Race Track and the off-track betting facilities, subject to obtaining a license from the Virginia Racing Commission, and for the City to construct certain public improvements at its cost and to assist in the financing of certain other improvements associated with the Race Track, including making up a deficiency in a debt service reserve fund in connection with a bond issue; and WHERE&S, the City has agreed to reimburse the Authority for out-of-pocket legal fees for general counsel associated with the development of documents for the project, not to exceed $15,000; and WIdE~S, The Authority was created for the purpose of acquiring, constructing, equipping, financing, maintaining and/or operating a public recreational and sports facility containing one or more race tracks and related facilities; NOW, THF. REFORF~ BE IT RESOLVED BY THE SPORTS AU'I~ORITY OF HAMPTON ROADS: ' 1. The Authority hereby finds and determines that development of the Race Track is a "project" authorized pursuant to the Public Recreational Facilities Authorities Act §$ 15.1-1271 et seg. of the Code of Virginia of 1950, as amended, and Chapter 426 of the Acts of Assembly of 1986 and will result in substantial direct and indirect economic benefits to the City and adjoining localities in the region that are members of the Authority and that participation of the Authority in developing the Race Track will be consistent with the purposes for which the Authority has been created. 2. The Authority hereby agrees to participate with the City and Churchill Downs in developing the Race Track, including acquiring and developing land and issuing revenue bonds in an amount now estimated at up to $17,800,000 to finance certain facilities constituting part of the Race Track, subject to financing arrangements satisfactory to the Authority and the City, the completion of formal documentation satisfactory to the Authority, receipt of approving opinions satisfactory to the Authority and the award of a license to Churchill Downs by the Virginia Racing Commission. The Authority understands and agrees that the Race Track will be leased to and operated by Churchill Downs, that rent paid by Churchill Downs is expected to pay principal of and interest on the bonds and provide for a annual payment to the Authority of $20,000 for costs, and that the Authority will have no financial obligation on the bonds, but that the bonds will be payable solely from amounts derived from the ownership or operation of the Race Track or amounts pledged to the payment of the bonds by third parties. The Authority understands and agrees that upon payment of all outstanding Authority debt, the property and improvements will be transferred to Churchill Downs, its successors and assigns for a sum to be determined, such sum to be paid to the City of Virginia Beach. 3. All costs and expenses incurred by the Authority in connection with the financing, acquisition, construction, and equipping of the Race Track and related facilities including, without limitation, the fees and expenses of bond counsel, counsel to the Authority, and counsel to the underwriter, shall be paid from the proceeds of the bonds. If for any reason the bonds are not issued, it is understood that all costs and expenses shall be paid by the City (but the obligation of the City to pay the Authority's general counsel fees shall not exceed $15,000 without further approval from the City) and the Authority shall not be responsible therefor. 4. Churchill Downs and the City acknowledge and agree that tile adoption of this resolution by the Authority and its agreement herein to participate with tile City and Churchill Doa ns in developing the Race Track shall not be considered an agreement to participate exclusively with the City and Churchill Downs, but that the Authority may adopt similar resolutions simultaneously to assist or participate with other cities and operators to build a Race Track in any city or county of any of the members of the Authority. - 16 - Item III-L CONSENT AGENDA ITEM # 37181 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 3, 4 and 7 of the CONSENT AGENDA. Items 1, 2, 5 and 6 were pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 -17- Item III-L1. CONSENT AGENDA ITEM # 37182 Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolution authorizing the filing of an Application with the State Council on Local Debt re issuance and sale of Water and Sewer System Revenue Refunding Bonds and General Obligation Refunding Bonds; and, directing the City Manager pursue the necessary requirements for the issuance and sale of one or more series of bonds to refund certain outstanding Bonds. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James IV.. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis tZ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 RESOLUTION AUTHORIZING THE FILING OF~NAPPLICATION WITH THE STATE COUNCIL ON LOCAL DEBT FOR THE ISSUANCE AND SALE OF WATER AND SEWER SYSTEM REVENUE REFUNDING BONDS AND GENERAL OBLIGATION REFUNDING BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the City of Virginia Beach, Virginia (the "City"), has issued its Water and Sewer Revenue Bond, Series of 1989 (the "1989 Bond"), in the aggregate outstanding principal amount of $11,715,000; and WHEREAS, the City has issued its Water and Sewer System Revenue Bonds, Series of 1992, in the aggregate outstanding principal amount of $19,595,000 ; and WHEREAS, the City has issued its General Obligation Public Improvement Bonds, Series of 1991C, maturing on August 1, 2002 through 2007, in the aggregate principal amount of $14,700,000; and WHEREAS, the City has issued its General Obligation Public Improvement Bonds, Series of 1991A, maturing on March 1, 2002 through 2005, in the aggregate principal amount of $7,960,000; and WHEREAS, the City has issued its General Obligation Public Improvement Bonds, Series of 1990A, maturing on June 1, 2001 through 2003, in the aggregate principal amount of $6,155,000; and WHEREAS, the City has issued its General Obligation Public Improvement Bonds, Series of 1989A, maturing on October 1, 2000, in the aggregate principal amount of $2,010,000; and WHEREAS, the City has issued its General Obligation Public Improvement Bonds, Series of 1988A, maturing on May 1, 1999, in the aggregate principal amount of $2,100,000 (together with the 1989 and 1992 Water and Sewer Revenue Bonds and the 1991C, 1991A, 1990A and 1989A General Obligation Public Improvement Bonds, the "Outstanding Bonds"); and WHEREAS, the City, in conjunction with its financial advisors, has determined that it is in the best interest of the City to refund all or a portion of the Outstanding Bonds to take advantage of current lower interest rates and to make certain amendments to the City's Master Water and Sewer System Revenue Bond Resolution; and WHEREAS, the City must obtain the approval of the State Council on Local Debt to issue bonds to refund the Outstanding Bonds; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Manager, the Director of Finance and the City Attorney, any one of whom may act, are authorized and directed to pursue the necessary requirements for the issuance and sale of one or more series of bonds (the "Bonds") to refund the Outstanding Bonds. 2. The City Manager, the Director of Finance and the City Attorney, any of whom may act, are hereby authorized and directed to apply to the State Council on Local Debt for approval for the issuance of the Bonds. The Bonds shall not be issued until their issuance shall have been approved by the State Council on Local Debt, as required by the Section 15.1-227.46 of the Code of Virginia, as amended. Adopted by the Council of the City of Virginia Beach, Virginia - - on the 7th day of September, 1993. CA-5270 Drafted: August 31, 1993 AF?;{'."::V~'D ~.$ TO I EGAL ~j,~,/,SUFFIC:F_NCY AND FORM CITY ATTORNEY - 18 - Item III-L2. CONSENT AGENDA ITEM # 37183 Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS AMENDED: Ordinance to ACCEPT andAPPROPRIATE $1,000,000 from the United States Department of Housing and Urban Development to the Department of Housing and Neighborhood Preservation re housing rehabilitation funding in the Seatack, Atlantic Park and Queen City neighborhoods; ana~ increase federal government revenues accordingly. The loan guarantee contract and any note(s) to be executed by the City for these loan funds shall contain language similar to the language recommended in the letter from Bond Counsel, Hunton & Williams, dated December 11, 1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,000,000 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the Department of Housing and Urban Development has approved the City's application for Section 108 loan funds; and WHEREAS, the City desires to use such funds to provide housing rehabilitation funding in the Seatack, Atlantic Park, and Queen City neighborhoods. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the $1,000,000 in loan funds be accepted and appropriated to the Department of Housing and Neighborhood Preservation subject to the condition that the loan guarantee contract and any note(s) to be executed by the City for these loan funds contain language similar to the language recommended in the attached letter from bond counsel dated December 11, 1992; and BE IT FURTHER ORDAINED: That revenues from the Federal government be increased by $1,000,000. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of September, 1993. 22 23 24 25 CA-5267 ORDIN\NONCODE \ 108LOAN. ORD R-2 DATE: September 7, 1993 ATLANTA, GEORGIA BRU $ e' ~:L$, BELGIUM IrAI R ItAX, VIRGINIA NI~W YORK, N~W YORK RIVERF'RON? PLAZA. EAST TOWER 951 EAST BYRD STREET F~ICHHONO. VIRGINIA ~3~19 -4074 m~' L [ I='HO N~' (804) FACSIMILE (~04) 7~8-~18 December 11, 1992 ,. NORFOLK, VIRGINIA RALEIGH, NORTH ~ROLINA ~INIA BEACH. VIRGINIA WASHINGTON,~ ~ 22764.8 Diane E. McNamara, Esquire Assistant City Attorney City of Virginia Beach Municipal Center Virginia Beach, VA 23456-9002 city of Virginia Beach - Section X08 Loan of CDBG Funds Dear Dee: This letter will confirm my verbal advice on questions raised in your letter of December 1, 1992, concerning borrowing by the City of Virginia Beach under the Section 108 Guaranteed Loan Program in connection with the Federal Community Development Block Grant Program. In particular, you ask whether a loan obtained from HUD that will be payable solely from anticipated future grants of CDBG funds would constitute a debt for purposes of debt limits applicable to the City. It is our opinion that they would not. Revenue bonds or notes are not considered as debt under either the Constitution of Virginia or the City Charter. Ac- cording to Section 10(a) (3) of Article VII of the Virginia Constitution, bonds payable exclusively from the revenues or receipts of an undertaking from which the City may derive a revenue are excluded in determining the constitutional limit on debt of a city. This same provision is incorporated in Section 6.05:1 of the City Charter in determining when bonds of the City must be authorized at an election. In order to fit within this exclusion, we must conclude that the CDBG Program is undertaking from which the City may derive revenue and that future grant funds under this program constitute revenue. While admittedly your circumstances do not fit under the constitutional exclusion language discussed above as clearly as a typical water revenue bond, no other interpretation would make any practical sense. Nor would any other interpretation be consistent with the Vir- ginia Supreme Court's decision in Dykes v. Northern Virqinia Transportation District Commission, 242 Va. 357 (1991). Con- sider, for example the fo]lowing language: I~UNTON ~ ~rILLI.kMS Diane E. McNamara, Esquire December 11, 1992 Page 2 We have described the attributes of "debt" for constitutional purposes in various ways. "[I]f the political entity is made generally liable, then an indebtedness is created within the debt limitations of the Constitution." Terry v. Mazur, 234 Va. 442, 450, 362 S.E.2d 904, 909 (1987) (quoting ~arquhar, 196 Va. at 61, 82 S.E.2d at 582). Obligations which "are not secured by the general credit of the State or the issuing agency" do not constitute a debt within the constitutional limitation. Button, 204 Va. at 272, 130 S.E.2d at 461. (242 Va. at 374) A critical element of the foregoing analysis is that notes to be executed by the City in favor of HUD must qualify as revenue notes that are payable exclusively from future grants of CDBG funds received by the City. To ensure this result, language substantially as follows should be inserted in the note: The Borrower shall not be liable for the repayment of advances under this Note or payment of interest thereon from or out of any funds or property, now or hereafter owned by the Borrower, other than funds to be received by the City from future grants of Community Development Block Grant Funds [if desired, add "under Title I of the Hou- sing and Community Development Act of 1974, as amended"]. It is expressly understood that nei- ther the faith and credit nor the taxing power of the Borrower is pledged to payment of this Note or interest thereon. While we prefer that both of the above sentences be added, the second sentence is less important that the first. Similar language should also be inserted in the Loan Guarantee Contract that the City will enter into with HUD. The City's intended use of the proceeds of the note and the CDBG funds is to provide rehabilitation loans and grants to certain citizens of the City. This raises a potential problem under the "credit clause" of Article X, Section 10 of the Vir- ginia Constitution. As you know, the credit clause provides that the credit of a city shall not be "directly or indirectly, under any device or pretense whatsoever, granted to or in aid of any person." There is a simple procedure to resolve any credit clause problem. Virginia Code Section 15.1-29.7 authorizes cities to ]:tUNTOI~ ~ ~ILLXAMS Diane E. McNamara, Esquire December 11, 1992 Page 3 participate in the Community Development Program under Title I of the United States Housing and Community Development Act of 1974. Section 15.1-29.7 provides in part as follows: Any federal funds, or portion thereof, received by a county, city or town under a Title I program may be deposited in a special fund which shall be established separate and apart from any other funds, general or special; such funds shall be deemed to be federal funds and shall not be con- strued to be part of the revenues of such county, city or town. Thus, so long as the City segregates proceeds of the note and deposits them in a special fund, those proceeds do not become City funds and there is no problem under the credit clause. We are familiar with the credit clause aspect of the CDBG Program through past experience. We drafted the above-quoted language for the specific purpose of allowing localities to use CDBG funds for just the type of loans and grants to local citi- zens that you describe, in order to make sure that there was no credit clause problem. Please let us know if you have further questions. hf/bk Very~~/~..~.~..tr~ly ~.~ours, Ha~ry~:Fr~ ier, III - 19 - Item III-L3. CONSENT AGENDA ITEM # 37184 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $189,481 Federal Funding and a State Grant of $4,000 to the Department of Mental Health, Mental Retardation and Substance Abuse re substance abuse treatment and prevention, additional infant stimulation services and create an ~lIDS Education Program for jail inmates; and, increase Federal/State revenue accordingly. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AN ORDINANCE TO ACCEPT AND APPROPRIATE FEDERAL FUNDING IN THE AMOUNT OF $189,481 AND A STATE GRANT IN THE AMOUNT OF $4,000 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE TO PROVIDE SUBSTANCE ABUSE TREATMENT AND PREVENTION, TO PROVIDE ADDITIONAL INFANT STIMULATION SERVICES, AND TO CREATE AN AIDS EDUCATION PROGRAM WITH JAIL INMATES WHEREAS, the Community Services Board and the Department of Mental Health, Mental Retardation, and Substance Abuse are responsible for the coordination and implementation of mental health, mental retardation, and substance abuse services; WHEREAS, the department has received federal funding in the amount of $189,481 to provide substance abuse treatment/prevention services and additional infant stimulation services; WHEREAS, the department has also received a State grant in the amount of $4,000 to create an Aides Education Program with Jail Inmates to heighten peer awareness of HIV virus and transmission; WHEREAS, the funding requires no local funding match and an additional 4 FTE's. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funding in the amount of $64,327 be accepted and appropriated from the federal government and 1.2 FTE's be established in the Department of Mental Health, Mental Retardation, and Substance Abuse to provide substance abuse prevention and treatment services; 2. That funding in the amount of $125,154 be accepted and appropriated from the federal government and 2.8 FTE's be established in the Department of Mental Health, Mental Retardation, and Substance Abuse to provide additional infant stimulation services; 3. That a grant in the amount of $4,000 be accepted and appropriated from the state to create an AIDS Education Program for jail inmates; and 4. That appropriations be offset by a $189,481 increase in federal revenue and a $4,000 increase in revenue resulting from a state grant. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of September , 1993. This ordinance shall be effective from the date of its adoption. Approved as to Content Walter ~. Kraem~ Jr. - 20 - Item III-L4. CONSENT AGENDA ITEM # 37185 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE State Funding of $81, 760; increase the estimate of Medicaid transportation revenue by $20,000; TRANSFER $5,682 within the Deportment of Mental Health, Mental Retardation and Substance Abuse Operating Budget re case management, day treatment and transportation for Mental Retardation Program participants; ana~ that estimated revenue increase accordingly. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 AN ORDINANCE TO TRANSFER $36,400 FROM THE RESERVE FOR CONTINGENCIES OF THE DEA FUND TO PURCHASE VEHICLES AND RADIOS FOR THE NEWLY FORMED DOMESTIC VIOLENCE SQUAD WHEREAS, the Police Department created a Domestic Violence Squad within the Investigative Division to handle the 3,000 cases of reported domestic violence, WHEREAS, the Domestic Violence Unit was formed from existing positions and due to the nature of its duties these positions will be unable to share vehicles with other police officers as had been done, WHEREAS, there is sufficient funding available within the DEA Reserve for Contingencies to allow for this purchase. 10 11 12 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $36,400 be transferred within the DEA Fund to acquire 2 vehicles and radios for the Domestic Violence Squad. Approved as to Content Deputy Director Management and Budget - 22 - [t¢~ III-I. 6. CONSENT AGENDA ITEM # 37187 Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to TRANSFER $100,000 from Larkspur Sewer Project (CIP 6-945) to Princess Anne Plaza Rehabilitation Sewer Project (CIP 6- 938) re cost of construction, additional engineering, inspection costs and allow for construction-related contingencies. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 AN ORDINANCE TO TRANSFER FUNDS OF $100,000 TO THE PRINCESS ANNE PLAZA REHABILITATION SEWER PROJECT (6-938) TO COVER THE SHORTFALL IN CONSTRUCTION BID PRICES WHEREAS, the exIsting CIP ~ncudes the Pmncess Anne Plaza Rehab,l,tat,on sewer project (6- 938) which ~dent~fles areas ~n the Pmncess Anne Plaza sewer system where p~pe detemorat~on ~s ~mm~nent and detmmental to the overall operation of the system and rehab,l,tat,on work ,s reqmred; 10 WHEREAS, based on recently received construct,on b,ds, the project w~ll need an add,t~onal $100,000 to cover the shortfall ~n construction costs, prowde for additional eng~neemng and ,nspect~on costs, and allow for contingencies; 11 12 13 WHEREAS, the amount needed ~s available from the Larkspur sewer project (6-945) mnce th~s project ~s substantially completed and has appropmat~ons wh,ch may be transferred to another sewer project. . 15 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds ,n the amount of $100,000 are hereby transferred from Larkspur Sewers (6-945) to Pmncess Anne Plaza Rehab~htat~on Sewers (6-938) to cover the cost of construction, prowde for additional eng~neemng and ~nspect~on costs, and allow for contingencies. 18 Th~s ord,nance shall be effective on the date of ~ts adoption. 19 20 Adopted by the Counc,I of the C~ty of V~rg~n~a Beach, V~rg,ma on the 7th September ,1993. day of Approved as to Content Management and Budget I III I II I I I I ! I APPROVED AS TO LEGAL SUF_FlClENCY - 23 - Item III-L 7. CONSENT AGENDA ITEM # 37188 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $15,748.21 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 8/23/93 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon certification of the Treasurer are hereby approved' Tax Type TIcket Exonera- Date Penalty Int. NAME Year of Tax Number t,on No. Pa~d Total Farm & Home Savings 93 RE(l/2) Farm & Home Savings 93 RE(2/2) Fleet R E Funding Corp 93 RE(l/2) Fleet R E Funding Corp 93 RE(2/2) Sandbridge Road Enterprises 93 RE(2/2) Sandbridge Road Enterprises 93 RE(2/2) Pleasant Acres Ltd 93 RE(2/2) Christian Broadcast Network 92 RE(l/2) Christian Broadcast Network 92 RE(l/2) Christian Broadcast Network 92 RE(2/2) Christian Broadcast Network 92 RE(l/2) Christian Broadcast Network 92 RE(2/2) Christian Broadcast Network 92 RE(l/2) Christian Broadcast Network 92 RE(2/2) Christian Broadcast Network 92 RE(l/2) Christian Broadcast Network 92 RE(2/2) Christian Broadcast Network 92 RE(l/2) Christian Broadcast Network 92 RE(2/2) Christian Broadcast Network 92 RE(2/2) Christian Broadcast Network 92 RE(l/2) Christian Broadcast Network 92 RE(2/2) Christian Broadcast Network 93 RE(l/2) Christian Broadcast Network 93 RE(l/2) Christian Broadcast Network 93 RE(l/2) Christian Broadcast Network 93 RE(l/2) Robin L Cooke Zarrella 92 RE(l/2) Robin L Cooke Zarrella 92 RE(2/2) Robin L Cooke Zarrella 91 RE(l/2) Robin L Cooke Zarrella 91 RE(2/2) Robin L Cooke Zarrella 90 RE(l/2) Robin L Cooke Zarrella 90 RE(2/2) 34121-1 11/24/92 67.12 34121-1 5/29/93 67.12 128628-9 11/24/92 16.35 128628-9 5/18/93 16.35 101253-8 4/28/93 26.68 101254-7 4/28/93 79.92 131928-0 4/9/93 1,970.51 20610-9 12/5/91 337.90 20596-7 12/5/91 7.33 20596-7 6/5/92 43.86 20598- 5 12/5/91 283.40 20598-5 6/5/92 283.40 20604- 7 12/5/91 105.48 20604-7 6/5/92 316.56 20596-7 12/5/91 68.61 20596-7 6/5/92 205.92 20632-3 12/5/91 196.76 20632-3 6/5/92 196.76 20615-4 6/5/92 610.72 20602- 9 12/5/91 138.44 20602-9 6/5/92 415.44 20716-1 12/4/92 1,103.08 20718- 9 12/4/92 283.40 20750-8 12/4/92 8,562.05 20734-9 12/4/92 267.55 23601-4 12/5/91 13.63 23601-4 6/5/92 13.63 23492-7 12/5/90 12.90 23492-7 6/5/91 12.90 23180-5 12/5/89 12.22 23180-5 6/5/90 12.22 Total 15,748.21 Th~s ordinance shall be effective from date of adoption. The .bo_ve_~a~baLe~ment(s) totaling ~z~,/z+~.zz were approved by the Council of the C~ty of Virg£nia . Beach on the 7day of 5et)te.mbez', 1993 Ruth Hedges Smith C~ty Clerk Atk '~~ ~"~ure~I John ~.]Atk'~nson, Treasure Approved as to form. Le~e-~L,Iley,~ty~ - 24 - Item III-J. 1. APPOINTMENTS ITEM # 37189 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: PUBLIC LIBRARY BOARD Robert Troy Schaum, Jr. Student 9/1/93 - 5/31/94 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 Item III-J. 2. APPOINTMENTS ITEM # 37190 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: SOUTHEASTERN HAMPTON ROADS DIS~ILITY SERVICES BOARD David Grochmal Staff l. Jaison Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessotns, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 - 26 - Item III-K 1. UNFINISHED BUSINESS ITEM # 37191 ADD-ON Councilman Dean referenced the expansion/widening of Birdneck Road from General Booth Boulevard to Southern Boulevard. Councilman Dean inquired as to the impacts to the Seatack area. John Herzke, Traffic Engineer, advised the City is in the very beginning stages of the design effort and has just received from the State two preliminary alignment drawings, which Staff is in the process of investigating. The City staff, with representatives from I/DOE will review these preliminary alignment drawings. The right-of-way in the northern part of Birdneck Road is not uniform due to developments taking place over the years. The staff is attempting to place the right-of-way in such a fashion that impact is minimized to the greatest extent possible. Mr. Herzke advised the new interchange at Birdneck coming off of Interstate 44 is a separate project and the drawings are nearing completion. ITEM # 37192 Councilman Dean referenced an accessible bike-walking trail through the entire General Booth Corridor to the Princess Anne Recreation Center. Mr. Herzke advised with the Birdneck Road project, the Bikeway extends up to the railroad tracks. No funding is programmed for bike paths beyond the railroad tracks at the present time. ITEM # 37193 Councilman Dean referenced the proposed bikeways utilizing abandoned railroad right-of-way through the proposed golf course (E. V. Williams projecO adjacent to Seaboard Road. The City Manager will advise whether there has been a change in this route moving same adjacent to the wetlands at West Neck Creelc September 7, 1993 - 27 - Item III-L.I. NEW BUSINESS ITEM # 37194 ADD -ON The following speakers spoke in SUPPORT of a Recreation Center in the Seatack Area: Michael Harrington, 1471 Reynard Crescent, Phone: 456-2396 Edward L. Knight, 4897 Bonney Road, Phone: 456-5752 Beverly A. Woodhouse, 448 North Oceana Boulevard, Phone: 425-8152 Michael J. Albritton, 249 St. Pauls Street, Phone: 491-8978 Teresa Albritton, 249 St. Pauls Street, Phone: 491-8978 Tim Jackson, 1708 Arcturus Lane E. George Minns, President - NAACP, Post Office Box 4548, Phone: 428-6353 Reverend Charles A. Vinson, 458 Peregrine Street, Phone: 499-8990 Synta L. Kellam, 1221 Friendship Square Ernest Benson, 2945 Queen City Road, Phone: 420-4137 Mayor Oberndorf referenced the following phone calls in SUPPORT of a Recreation Center in the Seatack Area: Barbara Lewis, Phone: 430-0013 Mary Minns, Phone: 428-6353 Mrs. Robert Albritton, Phone: 428-4328 Bernard and Elizabeth Bowser, Phone: 426-7727 Upon motion by Councilman Branch, seconded by Councilman Moss, City Council APPROVED: Bond Referendum Question shall be placed on May 1994 Ballot for a Recreation Center in Seatack Area. City Staff is instructed to provide cost analysis and appropriate site location. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 NEW BUSINESS ADD -ON ITEM # 37195 Upon NOMINATION by Vice Mayor Sessoms, City Council DESIGNATED to NATIONAL LEAGUE OF CITIES: Voting Delegate Mayor Meyera E. Oberndorf Alternate Voting Delegates Council Member James A. Brazier, Jr. Council Member Robert W. Clyburn 1993 Annual Conference Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None September 7, 1993 - 29 - Item III-L. 3. NEW BUSINESS ITEM # 37196 ADD -ON Mayor Oberndorf referenced correspondence of the City Manager advising the City has settled the Faridoon Ferhut claim and is discussing recovery of the costs with the Virginia Department of Transportation, whose contractor installed the traffic light pole in 1990. September 7, 1993 NEW BUSINESS ADD-ON ITEM # 37197 Vice Mayor Sessoms referenced a memo and information regarding the HOV Park and Ride will be faxed to all Members of City Council. Vice Mayor Sessoms advised a Resolution of support for the Transit Proposal developed by the Virginia Department of Transportation and Tidewater Transportation District Commission to operate an express bus service from selected Park and Ride lots in the City of Virignia Beach to Downtown Norfolk and the Norfolk Naval Base will be SCHEDULED for the City Council Session of September 14, 1993. September 7, 1993 - 31 - Item III-M. 1. ADJOURNMENT ITEM # 37198 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the Meeting at 4:55 P.M. Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 7, 1993