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Home My WebLink AboutAUGUST 15, 1988 MINUTES 'WORLD'S LARGEST RESORT Crff' CITY COUNCIL MAYOR -- E. OMM@". A, WYOR ROBERT Vi,i.. -1 - @o, ]O- A, -UM, -1@ HAR- S, JOHN D MW. K--. -1@ -1 K@ A, U@ 10@l L PE@Y, @,- -@ WIW- @ S@@-, JR,, 281 CITY HALL BUILDING MUNICIPAL CENTER A-1 V WIM, JR,. Ci., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 j D@ .-, Cil, Al- (8N) 427-4303 R@. H-. M-, C.C@-, Angust 15, 1988 ITIM I. CITY MANKGER'S PRESE19TATION - ConfereDre Room 10:00 AM A. CIP - RESCRT AREA ITEM II. CONFERENCE SFSSION - COnference Rom 10:30 AM A. CITY COUIUIL CONCERNs ITEM TII- CITY MANAGER'S BRIEFING - Conference RDom 11:00 AM A. TRT LIGHT RAIL James C. @hols, Fxecutive Director Tidewater TranspOrtation District Commission ITEM IV. INFCRMAL sEssioN Conference Room 1:00 pl4 A. CALL TO OPDER - Mayor Meyera E. Oberrdorf B- ROLL CALL OF COUNCIL C. RECESS TO EXWURIVE SESSION 1TEM V. FCRNAL SESSIOII - Comcil Ctiamber - 2., 00 PM A. I14VOCATION.- Rabbi Israel Zoberman Reform Jewish Congregation B. PLEDGE CP ALLEGIANCE TO THE FIAG CF THE UNITED SFATES CE AMERICA ELEC'fRONIC ROLL CALL OF CITY COUNCIL C. MINURES 1. INFCRMAL & FORMAL SESSIONS - August 8, 1988 D. CITY MAN&GERIS REPCRT 1. SO@STERN EXPRESSWAY - Quarterly Briefing John Martz, Virginia Department of Transportation E. RESOLUTIONS 1. resolution approving the iss--ce of Industrial Develolment Revenue Boncls: Trigon Industries, Inc. $2, 505, 377. 00 (Ref unding) Busch Manufacturing Ccmpany $2,500,000.00 2. Resolutions directing the pl@ning CDmmission to make recommeridation to City Council concerning: a. Amendments to AG-l/AG-2 Classifications (Alternative 1). b. Proposed ordinance to require a use permit for the construction of septic tanks and/or drain fields for septic tanks in the AG-1 District (Alternative 2). C. Proposed amendment to the Subdivision Ordinance to provide that subdivision plats in the AG-1 and AG-2 Districts shall be reviewed and approved or denied, by the CLty Cc>uncil (Alternative 3). Deferred August 8, 1988 F. CRDINANCES 1. EWROACH14ENT a. INTERNATIONAL L'EISURE CORPORATION (Royal London @x Museum) Maintain existirig encroachment by signage upon marquee at 16th Street and Atlantic Avenue (Virginia Beach BDrough) 2. Ordinance to transfer $50,000 from @serve for ODntingencies for development of master plan for Seashore State Park. G. CONSENT AGENM All matters listed under the Consent Agenda are considered in the ordinary course of business by City oc)uncil and will be enacted by one motion in the form listed. If an item is removed from the Oonsent Agenda, it will be discussed and voted upon separately. 1. Ordinance to AMEND and RECRI)AIN Section 21-338 of the CC)de of the City of Virginia Beach, Virginia, re chemical, test for blood alcohol content. 2. Ordinance to AMEND and REORDAIN Section 2-442 of the ODde of the City of Virginia Beach, Virginia, re the Military Liaison Commission. 3. Crdinance upon FIRST RE&DING to ACCEPT and APPROPR3:ATE $14,694 State Grant Funding into the FY 88-89 operating budget of the Department of Libraries for the Blind and Physically Handicapped. 4. Ordinance upon FIRST READING to APPROPRIATE $2,580 in additional State Aid Funds into the FY 88-89 operating budget of the Department of Libraries for acquisition of books ani related materials. 5. Ordinance upon FIRST RE&DING to APPROPRIATE $50,000 for Correctional Center expenditures food and food service items. 6. Crdinance upon FIRST READING to APPROPRIATE $303,106 and transfer $7,364 to fund nineteen additional temporary positions within the Sheriff's Department operating budget. 7. Ordinance to TRANSFER $317,555 frc)m sources within the Department of General Services to provide appropriate funding for year-end electrical expenditures. S. Ordinance to TRANSFER $31,710 within the operating budget of the Department of Data Processing for additional and replacernent computer equipment. 9. Utility Project for 51% Neighborhood Participation: Brock's Bridge Sanitary Sewer $67,000 Deferred August 1, 1988 1 0. Pesolution requesting Department of Mransportation to accept new streets for urban maintenance payments. 11. Ordinance authorizing tax refunds in the amount of $2,263.22. 12. Ordinance authorizirig license refunds in the amount of $4,295.89. H. MPINIS13ED BUSINESS I. MIN BUSXNESS J. ADTOURMENT CITY COTACIL SESST.ONS RESCHEDULED AUGUST 29, 1988 2:00 PM RESCHEDULE OF SEPTIMBER 5 "I.ABOR DAY HOLIDAY" AND PUBLIC HEARING 'LAKE GASTON WATER SOURCE" SEPTEMBER 6, 1988 2-.00 PM RESCHEDULE OF SEPTEMBER 12 "ROSH ENSIANAH" OCTOBER 31, 1988 2-.00 PM RESCHEDULE OF OCTOBER 3 "VTRGINTA MUNICIPAL LEAGUE" All other Sessions will be in accordance with the City Code M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 15, 1988 The CITY MANAGER'S PRESENTATION on the RESORT AREA CIP for the VIRGINIA BF.ACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, August 15, 1988, at 10:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Councilwoman Reba S. McClanan (ENTERED: 10:07 A.M.) Councilman John D. Moss (ENTERED: 11:00 A.M.) Councilman John L. Perry (ENTERED: 11:00 A.M.) Councilman William D. Sessoms (ENTERED: 10:09 A.M.) 2 C I T Y M A N A G E R 'S P R E S E N T A T I 0 N CIP - RESORT ARF.A 10:00 A.M. ITEM # 29850 The City Manager introduced E. Dean Block, Assistant City Manager for Analysis and Evaluation, who presented information relative the CIP in the RESORT ARKA. The CIP in the RESORT AREA consists basically of eleven (11) projects totaling $63-MILLION: Boardwalk Revitalization Oceanfront Connector Parks Resort Streetscape Demonstration Project City Gateway Project Resort Parking Improvements Resort Streetscape Improvements Public Beach Improvement Program Rudee Walk Ocean Walk Museum Park/Nature Area Dome Area Development The program is believed to be "self-contained" and financed through a combination of continued and gradually enhanced general appropriations, a parking enterprise fund and, most significantly, a city-wide 1/2cts increase in the hotel tax and a 1/2cts increase in the restaurant meal tax. These tax increases, as well as general appropriations, are tied to the length of the program - 10 years - and will automatically "sunset" at that time. In addition, at the suggestion of the Resort Leadership Conference, a Resolution to include a Special 1/2cts Retail Only Sales Tax in the Resort Area in the 1989 Legislative Package has been included in the proposal. E. Dean Block distributed a package of information related to the Resort Area CIP. (Said information is hereby made a part of the record.) The City is prepared to move forward with the program. Final design work is underway on the Visitor Information Center. It will complement the Pavilion and new Arts Genter, creating an impressive "gateway" to the beach. The first phase of the Atlantic Avenue improvements is essentially ready to bid. The proposed hotel and meal tax increases are explicitly temporary, expiring in ten years, and designed to draw revenues extensively if not predominantly from the resort area itself. The vast majority of hotel tax revenues are paid by visitors. ApproximatelY 40% of the meal tax is paid by visitors. Depending upon the family income, the affect would range from approximately 50cts to $1.00 a month. If you took your family out to a moderately priced restaurant several times a month and spent $150 a month, the total increase in your bill would be seventy-five cents or $9.00/year. Councilman Fentress complimented Aubrey V. Watts, Jr., E. Dean Block, the City Staff and the various entities responsible for this excellent presentation. - 3 - 0 0 N C E R N S 0 F T H E M A Y 0 R 10:35 A.M. ITEM # 29851 Mayor Oberndorf advised, relative LAKE GASTON, the City Council has only received the SURVEY conducted by the Consultants. The Council's discussion has centered on the REFERENDUM noted in the existing CIP and it has been advertised for a Public Hearing in accordance with legal requirements if a Referendum is to be held in November. Mayor Oberndorf believed a clarification of issues is necessary. More information is needed if "double barrel" bonds are to be issued, which obviously would require the commitment of the general public. It would be approxi,mately $4.56 increase on the water bill each month. Mayor Oberndorf requested the City Staff prepare the figures on the impact to the existing customers and new customers if only "revenuell bonds are to be utilized to finance LAKE GASTON. Obviously, this would afford the opportunity for the public to decide how much investment it is willing to accept in their monthly bills for LAKE GASTON. For all the information to be carefully evaluated by the general public and members of City Council, it is necessary to know how "double barrel" bonds benefit, as well as the fact the City is utilizing the water resource recovery fees at hook-up and the existing customers to pay for the project, so it is paid 50% by new customers and 50% by present customers, as opposed to straight Revenue Bonds. How much would the utilization of straight Revenue Bonds inflate the cost of water and sewer service? The City Manager will prepare the various financing options relative LAKE GASTON plus the impact to the City's existing customers as well as the new customers. ITEM # 29852 Mayor Oberndorf reiterated her desire for the City Council to spend the day together for strategic long-range planning within the boundaries of the City of Virginia Beach. The press would be welcome to attend. Mayor Oberndorf suggested late September or October. The Ci,ty Council would appoint a DISCUSSION LEADER in order to utilize the time wisely. The City Manager will prepare a report relative the press corps and neighboring states who have had a favorable and positive experience from this mode of strategic planning in an open and responsible manner. - 4 - C I T Y C 0 U N C I L C 0 N C E R N 3 ITEM # 29853 Councilman Fentress suggested the possibility of a WATERWAY TASK FORCE to study the City's Waterway for a certain period of time to make recommendations to City Council and the Staff. This TASK FORCE should be composed of representatives from the Corps of Engineers, the Coast Guard, as well as other agencies involved in the WATERWAYS. The City Manager advised an additional level of enforcement i.e. the unmarked boats was effective in protecting the WATERWAYS. The City Manager will contact the various agencies and prepare various alternatives to protecting the WATERWAYS. - 5 - G I T Y M A N A G E R IS B R I E F I N G TRT LIGHT RAIL 10:50 A.M. ITEM # 29854 Jack Whitney, Envitonmental Co-ordinator, introduced James C. Echols, Executive Director of the Tidewater Transportation District Commission, Jayne Whitney and Yolanda Aaron representing TRT, Dave Powers and Michael Sexton - Wilburn Smith Associates, Mike Goode - Parsons, Brinckerhoff, Quade & Douglas, Inc. and Jim Hambright - Hambright, Calcagno and Downing. James C. Echols presented information relative the TRT LIGHT RAIL by an updated audio-visual format. Hampton Roads is the 28th largest Metropolitan area in the Nation. The population is 1.3 MILLION. In Virginia Beach, which accounts for 69 percent of the growth in the region, population is expected to increase by almost 13% just 6 years from now. By the year 2000, it will have increased by nearly 25%. Studies indicate that in Virginia Beach in 1995 there will be at least one car for each resident 15 years and older. In Norfolk, there will be almost two cars per household. TRT suggested Light Rail Transit as the ideal alternative to more cars on the highway and in parking lots. It can carry far more people per lane of traffic swiftly and comfortably without creating air pollution and traffic jams. The 17.7 mile PHASE I of LRT would run between Plume and Granby Streets in downtown Norfolk to lgth Street near the Pavilion Virignia Beach. Peak service hours will be the typical drive-time business hours in the morning and afternoon Monday through Friday. Additional service on weekdays and weekends will be scheduled as needed. There will be 13 passenger stations, six with park and ride facilities. LRT trains as well as all stations will be accessible for the handicapped. An extensive system of additional feeder bus routes will be added to complement the Light Rail Service. LRT's similar to that envisioned for Norfolk/Virginia Beach have recently been introduced in San Diego, Portland, Pittsburgh, Buffalo, Indiana and Calagry in Canada. Dave Powers of Wilbur Smith & Associates presented via a series of slides the findings of the Rail Passenger Study. The Major TASKS entailed: Alignment Extensions Station Locations, Access and Design Street Tntersection Treatments Bus Feeder Services Yards and Shops Fare Collection System Environmental Assessment Financial Plan Naval Base Extensions 6 C I T Y M A N A G E R IS B R I E F I N G TRT LIGHT RAIL ITEM # 29854 (Continued) Dave Power reiterated the RAIL SYSTEM OVERVIEW: Rail Line Length 17.7 Miles No. of Stations 13 Stations Population System Electrified Overhead Catenary Vehicles Per Train 2 initially; 3 about Year 2000 Capacity per Vehicle 160 rides (64 seated, 96 standing) Operating Hours 6:00 AM to 10:00 PM Mon - Thurs. 6:00 AM to 12:00 Midnight Fri. & Sat. 7:00 AM to 10:00 PM Sunday Peak Service Hours 6:00 AM to 9:00 AM Mon.-Fri. 3:30 PM to 6:30 PM Mon. - Fri. Headway Frequency 15 minute peak, 30 minutes off peak Weekday Ridership (Avg.) 17,100 resident, 1,600 non-resident Maximum Speed 50 mph Travel Time 40 minus end to end Passing Sidings Downtown Norfolk Terminal Bessie's Place Ingleside (west of Broad Creek) Newtown Road East of Euclid Road Lynnhaven Road Great Neck Road East of Sykes Avenue Norfolk Avenue to Pavilion As part of the Traffic Impact Analysis, the consultants investigated in a preliminary screening procedure 23 crossings which were narrowed to 15 where major impact might be expected. The results of these analysis have led to the identification of several roadway improvements which can minimize the impact of the proposed LRT system on traffic flows in the surrounding road system. These improvements have been incorporated into the project plan, and include intersection improvements at City Hall Avenue and St. Paul's Boulevard, St. Paul's Boulevard and Plume Street, as well as Park and Brambleton Avenue. Roadway widening has been recommended along South Birdneck and the LRT tracks will be constructed on grade separated structures over Independence Boulevard and Constitution Drive. - 7 - C I T Y M A N A G E R IS B R I E F I N G TRT LIGHT RAIL ITEM # 29854 (Continued) Dave Powers presented a slide depicting the Automated Fare Collection system. Approximately 18,700 riders can be expected on the Norfolk-Virginia Beach LRT daily in the year 2005. (17,100 Resident, 1,600 (Non-Resddent). This translates to 5.78-MILLION riders annually. Michael Goode of Parsons, Brinkerhoff Quade & Douglas, Inc., advised the cost for the Construction and Acquisition, Equipment and Vehicles is $91.5-MILLLION and the EngiTieering and Program Management is $10.5-MILLION for the System would result in a total CAPITAL COST FSTI14ATE of $102-MILLION. Several areas were examined to identify ways in which the $102-MILLION would be acquired. The Federal Government Source was, by consensus at the beginning of the Study, set aside. Under the current administration, there is a strongly stated policy there will be no support for new rails. The alternative of private money was also examined. Because of the tax impacts of the tax reform act of 1986, this was also put aside. The State was the next source, The Commonwealth Transportation Trust Fund could participate possibly for as much as $5-MILLION per year. With the expectation of a Bond issue in 1990 and this yielding a debt service annually of approximatley $9-MILLION, the State contributing $5-MILLION per year toward the debt service, this leaves a local contribution required of $4-MILLION. Michael Goode outlined the various methods to accomplish the local contributions: (1) Direct contribution from General Revenues of the two Cities (2) .02 Regional Gas Tax assigned to Debt Service (3) City issue bonds for their share of total Capital. Allocation of Capital Costs Requirements Concepts Measures Equity Rider Benefit Passenger Miles Accuracy Community Benefit Administrative Ea*se (a) Workplace Benefits Number of Work alightings (b) Economic Development Number of Jobs Created Dave Powers reiterated the Four alignment options for Rail Extension to the Naval Base: Use Existing Rail Line - The railroad has too much freight service and too many rail spurs on section "C". The monetary cost and environmental impact of an elevated structure is prohibitive. Norchester Avenue/Ballentine Boulevard - This would affect street operations and in-street LRT operatioTis are slow (8-12 mph typically). Slow speeds would make the LRT less attractive to commuters. Ingleside Road - The LRT would have to connect with the rail freight line in the prohibited IIC?T section. I-264 - The LRT could alternatively be placed in the I-264 median north to where it could connect with the rail freight line right-of-way. The median, however, is currently planned for "High Occupancy Vehicle" (HOV) Lanes. - 8 - ITEM # 29855 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, August 15, 1988, at 12:35 P.M- Counci,l Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 9 - ITEM # 29856 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL 14ATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 10 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL August 15, 1988 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, August 15, 1988, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Rabbi Israel Zoberman Reform Jewish Congregation PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Item V-C.l.a. MINUTES ITEM # 29857 Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, Ci.ty Council APPROVED the MINUTES of the August 4, 1988, RECONVENFD EXECUTIVE SESSION of the City Council Meeting of August 1, 1988. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. Mcclanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None *Councilman Heischober ABSTAINED as he was not in ATTENDANCE at the RECONVENED EXECUTIVE SESSION Session of August 4, 1988- 12 - Item V-C.l.b MINUTES ITEivi # 29858 Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of the City Council Meeting of August 8, 1988. Councilwoman McClanan CLARIFIED ITEYI # 29820, Page 11, Condition #14, (application of MARGARET A. DRUMMOND, JAMES R. & MARGUERITE D. JOHNSON): The agreement, which dill be submitted by the attorney for the property owners in this application, will be recorded with the Clerk of the Circuit Court. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 13 - Item V-D. 1 . CITY 14ANAGERIS REPORT SOUTHEASTERN EXPRESSWAY ITEM # 29859 The City Manager introduced Al Nash, District Engineer in Suffolk, Virginia Department of Highways, who presented the quarterly briefing of the SOTJTHEASTERN EXPRESSWAY. Al Nash further introduced those participants in attendance: Ken Lance, Assistant Urban Engineer; Ken Wilkerson, Environmentalist with the Richmond Urban Office; John Martz, Project Co-ordinator; Peter 0. Tacelli, Project Engineer, with the MAGUIRE GROUP. Peter Tacelli presented a "photo mosaic" of the project which has been displayed in the Municipal Center. Initially when the second Public Information meetings were conducted in March, a total of 2 Candidate Build Alternatives were recommended to the public, which could be combined into six (6) different combinations. As a result of these Public Information Meetings, several suggestions for alternative routes were brought before the Virginia Department of Transportation. Several more routes have been added. A Citizen Action group suggested a more southerly alternative in the Elbow Road Area. As a result of their suggestion and the Department's evaluation, a new Alternative B.2. was added for additional study. In the Landstown Road vicinity, there were some areas being effected by the proposed Highway, the Citizen Action group suggested another location for the Highway, Alternative B-3. This would come close to the Municipal Center along Princess Anne Road. Regarding Alternative E on the East side of Oceana, the Navy had requested the Department study an additional alignment further east of the alignment displayed at the Public Information meetings. Alternative E.l. basically follows and is parallel and east of the existing Virginia Power Lines rights-of-way. Additional alignments submitted, studied and rejected included: Alignment suggested by a developer who owned a large tract of land off of Elbow Road. This was evaluated and based upon major environmental concerns, as well as engineering constraints was rejected from further consideration. This particular alignment was suggested by the Staff Members of the Army Corps of Engineers who are very much concerned with lisecondary" development especially in the Chesapeake Area, which would degrade the WETLANDS. Their first suggestion was an alignment attached to Alternative A, basically at the Volvo Parkway at Greenbrier, ran northerly along an existing power line right- of-way above Stumpy Lake and then cut down to one of the other alignments. This would result in increased displacement of houses. There were geometric problems associated with a sharp curb in the roadway and partial interchange at Indian River Road in terms of local access. The Corps suggested another alternative basically at the Greenbrier/Great Bridge Bypass. The Consultants have responded to the Corps advising they do not recommend this alignment. As the Corps is the permitting agency, it may be necessary that the Consultants study this particular alternative Public Information Meeting #3 was tentatively scheduled for the middle of October. If the aforementioned route, the Corps recommended, is to be added, this would entail additional study and therefore the Public Information Meeting could not be held until November. - 14 - Item V-E. 1 . RESOLUTIONS ITEM # 29860 Upon motion by Councilwoman Parker, seconded by Vice Mayor Fentress, City Council ADOPTED Resolutions approving the issuance of Industrial Development Revenue Bonds: TRIGON INDUSTRIES, INC. $2,505,377.00 (Refunding) BUSCH MANUFACTURING COMPAYY $2,500,000-00 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None SUMMARY SHBET CITY OF VIRGINIA BEACII DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Trigon Industries, Inc. 2. LOCATION: 1501 Harpers Road Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Trigon will lease the facility to Controls CorDoration of America, which will manufacture gas control devices. Refunding 4. AMOUNT OP BOND ISSUE: $2,5b5,377-00 5. PRINCIPALS: Sander G. Dukas Robert D. DeVenio 6. ZONING CLASSIFICATION: a. Present zoninq classification of the Property I-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR TRIGON INDUSTRIES, INC. WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application and plan of financing of Trigon Industries, Inc. (the Company) for the issuance of the Authority's industrial development revenue refunding bonds in an amount Two Million Five Hundred Five Thousand Three Hundred Seventy Seven and 00/100 Dollars ($2,505,377.00) (the Refunding Bonds) to assist in the financing of the Company's acquisition, of a manufacturing facility (the Facility) to be located at 1501 Harpers Road in the City of Virginia Beach, VA, by refunding in part the Five Million and 00/100 Dollars ($5,000,000.00) City of Virginia Beach Development Authority Revenue Bonds (Airco, Inc. Project), Series 1979, dated August 1, 1979, and has held a public hearing thereon on August 9, 1988; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Refunding Bonds to comply with Section 147(f) the Internal Revenue Code of 1986, as amended; and WHEREAS, pursuant to Section 15.1-1378.1. Code of Virginia, 1950, as amended, a copy of the authority's resolution approving the issuance of the Refunding Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, virginia, approves the issuance of the Refunding Bonds by the City of Virginia Beach Development Authority for the benefit of Trigon Industries, Inc., to the extent of and as required by Section 147(f) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Refunding Bonds, as required by Section 147(f), does not constitute an endorsement of the bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Refunding Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Refunding Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on Augh:st 15, , 1988. CITY OF VIRGINIA BEACH, VIRGINIA By: 2 FISCAL IMPACT STATEMENT FOR PROPOSIPD INDUSTRIAL REVENUE BONO FIN@NCING DATE: 7/14/88 TO: T[117 CITY CO@INCIL Or VIRGINIII 3EAC[i, VIRGINIA PROJECT NAMF,: Trigon Industries, Inc. TYPE OF FACILITY: Manufacturer of gas control devices 1. maximum amount of financing sought $ 2,505,377 - 00 2. Estimated taxable value o.C the facility's real property to be constructed i.n tlie municipality $ N/A 3. 17@timatecl re@il prop@rly tlx p(-Ir yc,--Ir tising present tax rates $ 27 000. 00 4. T-,Ftimated personal properly tax per year using present tax rates $ 20,000. 00 5. Estimatd mercliantr,' capitil (btisiness 1-icense) tax per year uri.iiq pr(,,Sent tax rates $ 6. Estimated dollar value I?er year of goods and services that will t)e plircliased, locally $ 299,516. 00 7. Esti.mated number of r@gulir cinployces on year round basis $ 134 8. Average annual 5alary per employee $ 21 000. O@ The information contiine(I in tliis Stat(-,ment is basecl solely on facts and estimates provided by the Applicant, and tlie Auttiority lias Triide no inclepen(lent investigation witli repcct tlic,reto. City o[ Virginia Beach Development Authority 13y Ecollowic Ilill)gct Stnteule"t Amousit of laivestmesit 2. Amotitit of iiidustrial revellue boild f ltialicliog 2,505,377.00 3. ErLiiiiated taxible value of tile facility'l; te.il J,tol)erty Lo be coi)structed lit tile City of VII-giiiii lteacit $ /A /i. I-IstliiiaLed ieal llr(,I)erty Lax i,er year lisjllg l,reseiiL tax rale 27,000.00 5. EsLiluated I)ersoiial property tax $ 6. I-leolioinic iiiil,acl slateitieiit deinol%slrntiiig Lite overall relurii Lo Llie city: A. Iluiiiber of iiew jobs ossible U. Payroll getierated 051,6 000.00 Av. 14age @21 annually C. Iluiiibei: of jobs relalited 1). rayroll retiiiied $2,814,000.00 Av. Wage $21,000.00 E. EstilonLe of Llie vnlue of gooldo atid iervices l,urcitased wltislit Llie geogril,ltic houtidery of VJ.rgittia Dencli by Lyl)e (iiiveiitory, Tiiaciiiii@ry, litofeaf;ioiial services, iiisuraitce, inotor veliicies, etc.): *l*ylle Value Motor Veiiieles $554.00 Professiciial Services $133 1/,0.00 Inventory TOTAL 299,516. 00 F Estimated buildilig perniit fee atid otlier oiutiicipal NIA f ees Estimated coiistruclion payroll NIA Erti,eated value of cOnstructiOn material to be purcliased wltitill tlie City of vii-giiiia iteacli N/A 1--,,tilli.ILE'd iiuttiber of CollsLrUctiOll jobs J. Aiiy ollier J.Lellis wlticil Llie aill)lica',L feels Llie AuLlioriLy sikould be inade aware of ill evaluititig Llie I)rOject 7. is tike site curretilly zoited for tite specific use beiiig Zoned ilroposed for iiidustrial revetiue.boiid financitig? Yes x lio- 8. lias a botid purcilase agreement/commitmelit beeil accepted by Llie ii, plicatit? (attacli a co)y) Yea 0 1 9. 14ill tlie I)oiid f iiiaiicitig clc)se witliiii 90 days from tlie daLe of adol)LIOI) Of Like iiiducemelil resolutioil? Yef, X 10. LocaLioll Of PrOjPct (attacli locatioii inap) 1501 Harpers Road Virginia Beacii, Virg 11. I:xi,laii,,iLloii of altertiaLJ.ve [iiiaticiiig Llint linr, beeti reviewed for project The'ap@licant has until July 31, 1988 to accept the committment letter from Crestar. @nd has chosen to wait until such time to accept, if the applicant so chooses. I hereby certify that to the beat of my knowledge, the information provided in the above Economic impa ct statement is accurate and true in all respects. TRIGON INDUSTRIES, INC. By STATE OF VIRGINIA CITY OF VIRGINIA BEACII, to-wit: The foregoing document was acknowledged before me this day of July, 1988, by Robert D. DeVenio, Secretary of Trigon Industries, Inc., on behalf of the corporation. otary my commission expires: Joii s Mop @ll LC Project tion ca r Trigon Industries, Inc. 1501 Harpers Road Virginia Beach, Virginia 23454 Manufacturing Facility 4/25/84 EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACii DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Busch Manufacturing Company 2. LOCATION: 516 Viking Drive Virginia B ach, Virginia 3 DESCRIPTION OF PROJECT: Expansion to existing facility for the production, service ah sa es of vacuum pumping systems, and related warehouse and ottice space 4. AMOUNT OF BOND ISSUE: $2,500,000 5. PRINCIPALS: Dr. Karl Busch Mrs. Ayhan Busch 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property Industrial I-1 b. Is rezoning proposed? Yes No x C. If so, to what zoning classification? N/A EXHIBIT E RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR BUSCH MANUFACTURING COMPANY WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Busch Manufacturing Company (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $2,500,000 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equippinq of a manufacturing facility for the production, service and sales of vacuum pumping systems, and related warehouse and office space (the Facility) to be located at 516 Viking Drive, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on August 9, 1988; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Busch Manufacturing Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. The Council further resolves to petition the Virginia Department of Housing and Cormrunity Development (the "Department") requesting that the Department award a portion of its private activity bond allocation for industrial revenue bonds in an amount not to exceed the principal amount of the Bonds. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on August 15 1988. Exhibit D FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: TYPE OF FACILITY: 1. Maximum amount of financing sought $ 2,500,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality (increase of $2,000,000)$ 3,500,000.00 3. Estimated real property tax per year using present tax rates (increase of $ 32,000.00 $ 1 9 1 0 0 0 4. Estimated personal property tax per year using present tax rates (increase of $ 6,000.00 $ 2 , 0 0 0 5. Estimated mercliants' capital (business license) tax per year using present tax rates (increase of $3,500) $ 20,000.00 6. Estimated dollar value per year of goods aiid services that will be purchased locally $ 100,000.00 7. Estimated number of regular employees on Ivear round basis (ten add'-tional) $ 110 81 Average annual salary per employee $ 20,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beac Development Authority By Ch,airmanK/ Exhibit H Ecotiomic Impact Statement $ 00,000.00 1. Amount of investment 2. A=unt of industrial revenue boad financing sought $ 2,500,000.00 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach (increase of $2,000,000) $ 500,000.00 4. Estimated real property tax per year using present tax rate (increase o f $19,000) $ 5. Estimated personal property t-(increase of $2,000) $ ?n nnn f)o. 6. Economic impact statement de=nstrating the overall return to the city: A. Number of now jobs 10 .. possible B. Payroll generated $ .200 00 Av. Wage r year C. Number of jobs retained 00 D. Payroll retained $-2,000,000 Av. Wage $ r year E. Esti=te of the value of goods and services purchased within the geographic boundary of Virginia Beach by ty-pe (inventory, machinery, professional services, insurance, motor vehicles. etc.): Type Value Professional Servi6es $ 40,000 Inventory $ 40,000 Insurance $ 20,000 $ TOTAL $ F Estimated building per,it fee and other municipal$ 00 fees G. Estimated construction payroll $ 1 0 0 00 0 0 ruction material H. Estimated value of const to be purchased within the City Of Virginia Beach $ I. Fscimated number of construction jobs s j. Any other @tems which the applicant feels the kuthority should be made aware of in evaluating th@.project The_ aiDiDlicant h corporate citizen irginia Beach since 1975; this its e pansion and financing will permit se emp o revenues to 7 is ththeit@"?!-df-rently zoned for the specific use being e Zoned forIindustrial revenue bond financing? ye x proposed No Has a bond purchase agreement/co=itment been accepted by the applicant? (attach a copy) yes No x 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes x No 10. Location of project (attach location -P) Virginia Beach, Virginia 23452 (see map attached) 11. Explanation of alternative financing that has been zeviewed for projec fixed or floatin t u bc)nds guaranteed y a from either Sovran Bank, N.A. or First Union Corp I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. (Applicant) Subscribed and sworn to before me this _ day of 1988. Notary Public my Commission Expires: JECT TION CEANA C PROJECT NAME; Busch Manufacturing Company PROJECT ADDRESS: 516 Viking Drive Virginia Beach, Virginia 23452 TYPE OF PROJECT: Manufacturing Facility 1 5 Item V-E.2. RESOLUTIONS ITEM # 29861 The following spoke in OPPOSITION to the proposed Amendments: Herbert L. Dail, Jr., 2865 Seaboard Road, Phone; 721-2766 Marvin M. Rollins, Jr., 1521 Mill Landing Road, Phone: 426-6457 Hubert L. Dail, Sr., 3504 Sandfiddler Road, Phone: 426-7090 Upon motion by Councilwoman McClanan, seconded by Councilman Perry, to ADOPT Resolutions directing the Planning Commission to make recommendation to Ci,ty Council within 60 days a combination of Alternative 1,Alternative 2 and Alternative 3 of the following Amendments (applying to Princess Anne Borough onl.y - portion of the City on the border of the Green Line): Amendments to AG-l/AG-2 Classifications (Alternative 1). Proposed ordinance to require a use permit for the construction of septic tanks and/or drain fields for septic tanks in the AG-1 District (Alternative 2). Proposed amendment to the Subdivision Ordinance to provide that subdivision plats in the AG-1 and AG-2 Districts shall be reviewed and approved or denied by the City Council (Alternative 3). Voting: 2-9 (MOTION LOST TO A NEGATTVE VOTE) Council Members Voting Aye: Reba S. McClanan and John L. Perry Council Members Voting Nay: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 16 - Item V-F.l.a. ORDINANCES ITEM # 29862 ENCROACHMENT The following spoke in support of the ENCROACHMENT: Attorney Joseph Mayes, 1100 Sovran Bank Building, Phone: 497-6633, represented the applicant George Drucker, 1606 Atlantic Avenue, Phone: 425-3823, the applicant, represented himself Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council DEFERRED one week until the City Council Meeting of August 22, 1988: Ordinance authorizing International Leisure Corporation to maintain, upon certain conditions, an existing Encroachment by signage upon a marquee on the premises of the Royal London Wax Museum, 16th Street and Atlantic Avenue, in the Borough of Virginia Beach. This DEFERRAL will enable review of the approval of the Variance granted by the Board of Zoning Appeals on October 20, 1982. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counci,l Members Voting Nay: None Council Members Absent: None - 17 - Item V-F.I.(a) INTRODUCTION ITEM # 29863 Mayor Oberndorf introduced from the audience a guest of Councilwoman McClanan, Judy Legg from England. Judy will be a Student at Oxford University majoring in English Literature and in the future will be majoring in International Law. - 18 - Item V-F.2. ORDINANCES ITEM # 29864 Upon motion by Councilman Heischober, seconded by Councilman Balko, City Council ADOPTED: Ordinance to transfer $50,000 from Reserve for Contingericies for development of master plan for Seashore State Park. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: John L. Perry Council Members Absent; None *Councilman Perry ABSTAINED as he did not fully understand this particular item. EY AN ORDINANCE TO TRANSFER. FUNDS IN THE AMOUNT OF $50,000 FUR A HASTER PLAN FOR SFASHORE STATE PARK WHEREAS, the City of Virginia Beach, in its interest to preserve and protect the natural resources of the City, requested in its legislative package the funding of a master plan for Seashore State Park to guide the management and utilization of the park, and WHEREAS, development of a master plan for Seashore State Park is estimated to cost $100,000, and WHEREAS, the State has appropriated $50,000 to develop a master plan for Seashore State Park to be matched by an additional $50,000, and WHEREAS, the match may be provided by the transfer of appropriations from the general fund reserve for contingencies with the City to be billed for the match as the plan is completed. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $50,000 be transferred from the Reserve for Contingencies for the development of a master plan for Seashore State Park. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 day of August 1988. KAR/I ORD44.BKW - 19 - Item V-G. CONSENT AGENDA ITEM # 29865 Upon motion by Vice Mayor Fentress, seocnded by Councilman Balko, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 6, 7, 8, 10, 11, 12 of the CONSENT AGENDA. Items 5 and 9 were pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 20 - Item V-G.1 CONSENT AGENDA ITFM # 29866 Upon motion by Vice Mayor Fentress, seoended by Councilman Balko, City Council ADOPTED: Ordinance to @D and REORDAIN Section 21-338 of the Code of the City of Virginia Beach, Virginia, re chemical test for blood alcohol content. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None CIT'( ATTf@'@,@Ey 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 21-338 OF THE CITY CODE OF 3 THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO CHEMICAL 5 TEST FOR BLOOD ALCOHOL CONTENT 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 That Section 21-338 of the Code of the City of Virginia 11 Beach, Virginia, is hereby amended and reordained to read as 12 follows: 13 Section 21-338. Chemical test to determine alcoholic/drug 14 content of blood. 15 16 tftta. As used in this section, "license" means any 17 driver's license, temporary driver's license or instruction 18 permit authorizing the operation of a motor vehicle upon the 19 highways. The term "Division," as used in this section, means 20 the State Division of Consolidated Laboratory Services. 21 tbtb. Any person, whether licensed by the state or not, 22 who operates a motor vehicle in this city shall be deemed 23 thereby, as a condition of such operation, to have consented to 24 have a sample of his blood or breath or both blood and breath 25 taken for a chemical test to determine the alcoholic or drug or 26 both alcoholic and drug content of his blood, if such person is 27 arrested for a violation of section 21-336, within (2) hours of 28 the alleged offense. 29 fbi:tc. Any person so arrested shall elect to have 30 either the blood or breath sample taken, but not both. If either 31 the blood test or the breath test is not available, then the 32 available test shall be taken. However, it shall not be a matter 33 of defense if the blood test or the breath test is not available. 34 In addition, if the accused elects a breath test, he shall be 35 entitled, upon request, to observe the process of analysis and to 36 see the blood-alcohol reading on the equipment used to perform 37 the breath test. If such equipment automatically produces a 38 written printout of the breath test result, this written 39 printout, or a copy thereof, shall be given to the accused in 40 each case. 41 fb.2tD. A person, after being arrested for driving 42 under the influence of any drug or combination of drugs or the 43 combined influence of alcohol and any drug or drugs, may be 44 required to submit to tests to determine the alcoholic or drug or 45 both alcoholic and drug content of his blood. If a person, after 46 being arrested for any violation of section 21-336, chooses to 47 submit to a breath test in accordance with subsection fbitc. of 48 this section, that person may also be required to submit to tests 49 to determine the drug content of his blood if the law-enforcement 50 officer has reasonable cause to believe the person was driving 51 under the influence of any drug or combination of drugs or the 52 combined influence of alcohol and drugs. 53 feie. If a person, after being arrested for a 54 violation of section 21-336 and after having been advised by the 55 arresting officer that a person who operates a motor vehicle upon 56 a public highway in this city shall be deemed thereby, as a 57 condition of such operation, to have consented to have samples 58 of his blood or breath taken for chemical tests to determine the 59 alcoholic or drug or both alcoholic and drug content of his 60 blood, and that the unreasonable refusal to do so constitutes 61 grounds for the revocation of the privilege of operating a motor 62 vehicle upon the highways of this city, then refuses to permit 63 the taking of samples of his blood or breath or both blood and 64 breath for such test, the arresting officer shall take the person 65 arrested before a committing magistrate. If he again so refuses 66 after having been further advised by such magistrate of the law 67 requiring blood or breath or both blood and breath tests to be 68 taken and the penalty for refusal, and so declares again his 69 refusal in writing, upon a form provided by the division, or 70 refuses or fails to so declare in writing and such fact is 71 certified as prescribed in subsection f@fP. of this section, then 72 no blood or breath sample shall be taken even though he may 73 thereafter request same. 2 74 tdIF. Only a physician, registered professional nurse, 75 graduate laboratory technician or a technician or nurse 76 designated by order of a circuit court acting upon the 77 recommendation of a licensed physician, using soap and water to 78 cleanse the part of the body from which the blood is taken and 79 using instruments sterilized by the accepted steam sterilizer or 80 some other sterilizer which will not affect the accuracy of the 81 test, or using chemically clean sterile disposable syringes, 82 shall withdraw blood for the purpose of determining the alcoholic 83 or drug or both alcoholic and drug content thereof. It shall be 84 unlawful for any person to reuse single-use only needles or 85 syringes. Any person convicted of reusing single-use only 86 needles or syringes shall be guilty of a Class 3 misdemeanor. No 87 civil liability shall attach to any person authorized to 88 withdraw blood as provided herein as a result of the act of 89 withdrawing blood from any person submitting thereto, provided 90 the blood was withdrawn according to recognized medical 91 procedures. The foregoing shall not relieve any such person from 92 liability for negligence in the withdrawing of any blood sample. 93 td-IIG. Adequate portions of the blood sample so 94 withdrawn shall be placed in vials provided by the Division, 95 which vials shall be sealed and labeled by the person taking the 96 sample or at his direction, showing on each the name of the 97 accused, the name of the person taking the blood sample and the 98 date and time the blood sample was taken. The vials shall be 99 divided between two (2) containers provided by the Division, 100 which containers shall be sealed so as not to allow tempering 101 with the contents vials. The arresting or accompanying officer 102 shall take possession of the two (2) containers holding the vials 1 0 3as soon as the vials are placed in such containers and sealed, 104 and shall transport or mail one of the containers forthwith to 105 the Division. The officer taking possession of the other 106 container (hereinafter referred to as second container) shall, 107 immediately after taking possession of the second container, give 108 to the accused a form provided by the Division which shall set 109 forth the procedure to obtain an independent analysis of the 3 110 blood in the second container, and a list of those laboratories, ill approved by the Division, and their addresses. Such form shall 112 contain a space for the accused or his counsel to direct the 113 officer possessing such second container to forward that 114 container to such approved laboratory for analysis, if desired. 115 The officer having the second container, after delivery of the 116 form referred to in the preceding sentence (unless at that time 117 directed by the accused in writing on stch the form to forward 118 the second container to an approved laboratory of the accused's 119 choice, in which event the officer shall do so), shall deliver 1 20 the second container to the chief of police or his duly 121 authorized representative. The chief of police or his 1 2 2 representative upon receiving same shall keep it in his 1 2 3 possession for a period of seventy-two (72) hours, during which 1 2 4 time the accused or his counsel may, in writing, on the form 125 provided for hereinabove, direct the chief of police to mail such 126 second container to the laboratory of the accused's choice chosen 127 from the approved list. 128 t6-2fH. The testing of the contents of the second 129 container shall be made in the same manner as hereafter set forth 130 concerning the procedure to be followed by the Division, and all 131 procedures established herein for transmittal, testing and 1 3 2 admission of the result in the trial of the case shall be the 1 3 3 same as for the sample sent to the Division, provided that an 134 analysis of the second blood sample to determine the presence of 135 a drug or drugs shall not be performed unless an analysis of the 136 first blood sample by the Division has indicated the presence of 137 drugs. 138 f el-31 I . A fee not to exceed twenty-five dollars 139 ($25.00) shall be allowed the approved laboratory for making the 140 analysis of the second blood sample, which fee shall be paid out 141 of the appropriation for criminal charges. A fee not to exceed 14 2 the amount established on a schedule of fees to be published by 1 43 the Division for the required procedure or procedures shall be 1 4 4 allowed the approved laboratory for making an analysis of the 145 second blood sample to determine the presence of a drug or drugs, 4 1 4 6 which fee shall be paid out of the appropriation for criminal 147 charges. If the person whose blood sample was withdrawn is 148 subsequently convicted for violation of section 21-336, the fee 1 4 9 paid by the commonwealth for testing the blood sample shall be 150 taxed as part of the costs of the criminal case and shall be paid i5l into the general fund of the state treasury. 152 fd4tJ. If the chief of police is not directed, as 153 provided in this section, to mail the second container within 154 seventy-two (72) hours after receiving such container, he shall 155 destroy such container. 156 fetk. Upon receipt of the blood sample forwarded to 157 the Division for analysis, the Division shall cause it to be 158 examined for alcoholic or drug or both alcoholic and drug content i59 and the director of the Division or his designated 160 representative shall execute a certificate which shall indicate 161 the name of the accused, the date, time and by whom the blood 162 sample was received and examined, a statement that the container 163 seal on the vial had not been broken or otherwise tampered with, 164 a statement that the container was one provided by the Division 165 and a statement of the alcoholic or drug or both alcoholic and 166 drug content of the sample. The certificate attached--t-o shall 167 accompany the vial from which the blood sample examined was taken 168 and shall be returned to the clerk of the court in which the 169 charge will be heard. The blood sample shall be destroyed after 170 completion of the analysis by the Division. A similar 171 certificate shall accompany the vial forwarded by the independent 172 laboratory which analyzes the second blood sample on behalf of 173 the accused, and shall be returned to the clerk of the court in 174 which the charge will be heard. The blood sample shall be 1 7 5 destroyed after completion of the analysis by the independent 176 laboratory. -@rw& 177 a I s e - be- -r@tff@ r-k- - o f 178 t h e - c ott rt - -i@ -@it& w i I I - b e - i-@n motion of 179 the accused, such certificate shall be admissible in evidence 180 when attested by the pathologist or by the supervisor of the 181 laboratory approved by the Division. 5 18 2 f EIL. When any blood sample taken in accordance with 183 the provisions of this section is forwarded for analysis to the 18 4 Division, a report of the results of such analysis shall be made 185 and filed in that office. Upon proper identification of the vial 186 into which the blood sample was placed, the certificate, as 187 provided for in this section, shall, when duly attested by the 188 director of the Division or his designated representative, be 189 admissible in any court, in any criminal or civil proceeding, as 190 evidence of the facts therein stated and of the results of such 191 analysis. 192 fgtm- Upon the request of the person whose blood or 193 breath or both blood and breath sample was taken for chemical 194 tests to determine the alcoholic or drug or both alcoholic and 195 drug content of his blood, the results of such test or tests 196 shall be made available to hirn. 197 fhtn. A fee not exceeding ten dollars ($10.00) shall 198 be allowed the person withdrawing a blood sample in accordance 19 9 with this section, which fee shall be paid out of the 200 appropriation for criminal charges. If the person whose blood 201 sample was withdrawn is subsequently convicted for a violation of 202 section 21-336, or is placed under the purview of a probational, 203 educational or rehabilitational program, as set forth in section 204 18.2-271.1 of the Code of Virginia, the amount charged by the 205 person withdrawing the sample shail be taxed as part of the costs 206 of the criminal case and shall be paid into the general fund of 207 the state treasury. 208 fito. In any trial for a violation of section 21-336, 209 this section shall not otherwise limit the introduction of any 210 relevant evidence bearing upon any question at issue before the 211 court, and the court shall, regardless of the result of the blood 212 or breath test or tests, if any, consider such other relevant 213 evidence of the condition of the accused as shall be admissible 2 1 4 in evidence. If the results of such a blood test indicate the 215 presence of a drug or drugs other than alcohol, the test results 216 shall be admissible only if other competent evidence has been 217 presented to relate the presence of drug or drugs to the 6 218 impairment of the accused's ability to drive or operate any motor 219 vehicle, engine or train safely. The failure of an accused to 220 permit a sample of his blood or breath to be taken for a chemical 221 test to determine the alcoholic or drug content of his blc)od is 2 2 2 not evidence and shall not be subject to comment by the 2 2 3 prosecution at the trial of the case, except in rebuttal; nor 2 2 4 shall the fact that a blood or breath test had been offered the 225 accused be evidence or the subject of comment by the prosecution, 226 except in rebuttal. 227 fItP. The form referred to in subsection (CE.) of this 2 2 8 section shall contain a brief statement of the law requiring the 229 taking of blood or breath or both blood and breath samples and 230 the penalty for refusal, a declaration of refusal and lines for 231 the signature of the person from whom the blood or breath or both 232 blood and breath sample is sought, the date and the signature of 233 a witness to the signing. If such person refuses or fails to 234 execute such declaration, the committing justice, clerk or 235 assistant clerk shall certify such fact, and that the committing 236 justice, clerk or assistant clerk advised the person arrested 237 that such refusal or failure, if found to be unreasonable, 238 constitutes grounds for the revocation of such person's license 239 to drive. The committing or issuing justice, clerk or assistant 240 clerk shall forthwith issue a warrant charging the person 2 4 1 refusing to take the test to determine the alcoholic or drug or 242 both alcoholic and drug content of his blood with violation of 243 this section. The warrant shall be executed in the same manner 244 as criminal warrants. Venue for the trial of the warrant shall 24 5 lie in the court of the city in which the offense of driving 246 under the influence of intoxicants is to be tried. 247 fklq- The executed declaration of refusal or the 248 certificate of the cornmitting justice, as the case may be, shall 249 be attached to the warrant and shall be forwarded by the 250 committing justice, clerk or assistant clerk to the court in 251 which the offense of driving under the influence of intoxicants 252 shall be tried. 7 25 3 flir. When the court receives the declaration of 2 5 4 refusal or certificate referred to in subsection (kQ.) of this 2 5 5 section, together with the warrant charging the defendant with 2 56 refusing to submit to having a sample of his blood or breath or 2 57 both blood and breath taken for the determination of the 2 58 alcoholic or drug or both alcoholic and drug content of his 2 5 9 blood, the court shall fix a date for the trial of such warrant, 260 at such time as the court shall designate, but subsequent to the 261 defendant's criminal trial for driving under the influence of 262 intoxicants. Upon request, the defendant shall be granted a 263 trial by jury on appeal to the circuit court. 264 fmfs. The declaration of refusal or certificate under 265 subsection (kQ.), as the case may be, shall be prima facie 266 evidence that the defendant refused to submit to the taking of a 267 sample of his blood or breath or both blood and breath to 268 determine the alcoholic or drug or both alcoholic and drug 269 content of his blood as provided hereinabove. However, this 270 shall not be deemed to prohibit the defendant from introducing, 271 on his behalf, evidence of the basis for his refusal to submit to 272 the taking of a sample of his blood or breath or both blood and 273 breath to determine the alcoholic or drug or both alcoholic and 274 drug content of his blood. The court shall determine the 275 reasonableness of such refusal. 276 fmft. If the court or jury finds the defendant guilty 277 as charged in the warrant issued under this section, the court 278 shall suspend the defendant's license for a period of six (6) 279 months for a first offense and for one year for a second or 280 subsequent offense or refusal within one year of the first or 281 other such refusals. The time shall be computed as follows: The 282 date of the first offense and the date of the second or 283 subsequent offense; however, if the defendant pleads guilty to a 284 violation of section 21-336, the court may dismiss the warrant. 285 fotu. The court shall forward the defendant's license 286 to the ecommissioner of the Department of HiMotor 287 vvehicles of Virginia as in other cases of similar nature for 288 suspension of license, unless the defendant appeals his 289 conviction. In such case the court shall return the license to 290 the defendant upon his appeal being perfected. 291 fptv. The procedure for appeal and trial shall be the 292 same as provided by law for misdemeanors; if requested by either 293 party, trial by jury shall be as provided in article 4 of chapter 294 15 (section 19.2-260, et seq.) of title 19.2, Code of Virginia, 2 9 5and the city shall be required to prove its case beyond a 296 reasonable doubt. 297 tqtw- No person arrested for a violation of section 298 21-336 shall be required to execute, in favor of any person or 299 corporation, a waiver or release of liability in connection with 300 the withdrawal of blood and as a condition precedent to the 301 withdrawal of blood as provided for herein. 302 trtx. The court or the jury trying the case shall 303 determine the innocence or the guilt of the defendant from all 304 the evidence concerning his condition at the time of the alleged 305 offense. 306 fr-IfY. Chemical analysis of a person's breath, to be 307 considered valid under the provisions of this section, shall be 308 performed by an individual possessing a valid license from the 309 Division to conduct such tests, with a type of equipment and in 310 accordance with the methods approved by the Division. Such 311 breath-testing equipment shall be tested for its accuracy by the 312 Division at least once every six (6) months. Any individual 313 conducting a breath test under the provisions of this section and 314 as authorized by the Division shall issue a certificate, which 315 will indicate that the test was conducted in accordance with the 316 manufacturer's specifications, the equipment on which the breath 317 test was conducted has been tested within the past six (6) 318 months and has been found to be accurate, the name of the 319 accused, the date, the time the sample was taken from the 320 accused, the alcoholic content of the sample and by whom the 321 sample was examined. Such certificate, when duly attested by the 322 authorized individual conducting the breath test, shall be 323 admissible in any court in any criminal or civil proceeding as 3 2 4evidence of the facts therein stated and of the results of such 9 - 21 - Item V-G.2 CONSENT AGENDA ITEi4 # 29867 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-442 of the Code of the City of Virginia Beach, Virginia, re the Military Liaison Commission. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay; None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 2-442 OF THE CITY CODE OF 3 THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO A MILITARY 5 LIAISON COMMISSION 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 2-442 of the Code of the City of 9 Virginia Beach, Virginia, is hereby amended and reordained to 10 read as follows: 11 Section 2-442. Establishment of a Military Liaison Commission. 12 A MILITARY LIAISON COMMISSION is hereby established; 13 The mayor, the vice mayor and city manager shall serve 14 for the tenure of their offices or appointments, with the mayor 15 to chair the Commission; 16 The school superintendent and chairman of the school 17 board shall be requested to serve for the tenure of their 18 appointments; and, 19 The following officers, by virtue of their command 20 posts, comprise the military representation and that they shall 21 be requested to serve for the tenure of their respective 22 commands: 23 Commander-In-Chief, U.S. Atlantic Fleet 24 Cojmnander, U.S. Naval Air Force, Atlantic Fleet 25 Connnander, U.S. Naval Surface Force, Atlantic Fleet 26 Commander, U.S. Submarine Force, Atlantic Fleet 27 Coimnander, Fifth Coast Guard District 28 Commander, U.S. Naval Base (Norfolk) 29 Deputy Commander, U.S. Naval Base (Norfolk) 30 Commanding officer, U.S. Naval AmphibioUS Base (Little 31 Creek) 32 commanding officer, U.S. Naval Air Station (Oceana) 33 Commanding Officer, U.S. Fleet Combat Training Center- 34 Atlantic (Dam Neck) 36 commanding officer, Headquarters - Fort Story 37 Cormnanding Officer, Fleet Marine Force - Atlantic 38 Site Co @ nder, Virginia Army National Guard 39 The Military Liaison Commission shall meet formally 40 and/or informally on a regular semi-annual basis to communicate 41 with each governmental entity, provide good public relations, and 42 create a better understanding of military regulations, civilian 43 laws and community interests. 44 Adopted by the Council of the city of Virginia Beach, 45 Virginia, on the 15th day of August 1988. 46 NEW/lMt 47 8/3/88 48 CA-02874 49 \Ordin\Proposed\2-442.Pro APPROVED AS TO CONici,i@ Tf! li- 7., .1. APPROVc-:D A---. SUFFICIENCY C!Ty 2 - 22 - Item V-G.3 CONSENT AGENDA ITEM # 29868 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED, UPON FIRST READING: Ordinance to ACCEPT and APPROPRIATE $14,694 State Grant Funding into the FY 88-89 operating budget of the Department of Libraries for the Blind and Physically Handicapped. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None YOT O'R@ AN ORDINANCE TO ACCEPT AND APPROPRIATE $14,694 STATE GRANT FUNDING INTO THE FY 88-89 OPERATING BUDGET OF THE DEPART14ENT OF LIBRARIES WHEREAS, the Virginia Library Services and Construction Act, Title I, provides the opportunity for state funding for certain programs by means of special grants, and WHEREAS, the Library Department has been granted permission to apply for grant funding under the state approved program, For The Blind And Physically Handicapped Grant, and WHERFAS, the state has accepted the application and approved grant funding for the Library Department's program in the amount of $14,694. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that $14,694 made available from the Subregional Library For The Blind And Physically Handicapped Grant be accepted and appropriated into the FY 88-89 operating budget of the Library Department. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1988. First Reading: August 15, 1988 Second Reading: MLS/ORD-12B - 23 - Item V-G.4 CONSENT AGENDA ITEM # 29869 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED, UPON FIRST READING: Ordinance to APPROPRIATE $2,580 in additional State Aid Funds into the FY 88-89 operating budget of the Department of Libraries for acquisition of books and related materials. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ATT:F AN ORDINANCE TO ACCEPT AND APPROPRIARE $2,580 IN ADDITIONAL STATE AID FUNDS INTO THE DEPARTMENT OF LIBRARIES PY 89-89 OPERATING BUDGET WHEREAS, the Commonwealth provides annual funding assistance to public libraries for the purpose of acquiring books and related materials, and WHEREAS, during the preparation of the FY 88-89 operating budget, the anticipated state aid revenue was estimated to be $250,000 and was appropriated into the Library Department's operating budget, and WHERFAS, the Virginia State Library Department has notified the city that state aid funds in the amount of $252,580 will be available for FY 1988-89, and WHEREAS, the amount of approved FY 1988-89 available state aid exceeds the FY 88-89 revenue estimate by $2,580. NOW, THT?.RP.FORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $2,580 be added to the FY 88-89 operating budget of the Library Department with a corresponding increase in estimated revenues. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1988. First Reading: August 15, 1988 Second Reading: MLS/ORD-12A - 24 - Item V-G.5 CONSENT AGEliDA ITEM # 29870 Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City Council DEFERRED: Ordinance upon FIRST RFADING to APPROPRIATE $50,000 for Correctional Genter expenditures for food and food service items. This DEFERRAL will enable the City Manager to provide more detailed information relative the amount of funds reimbursed by the State. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Will@am D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 25 - Item V-G.6 CONSENT AGENDA ITEM # 29871 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED, UPON FIRST READING: Ordinance to APPROPRIATE $303,106 and transfer $7,364 to fund nineteen additional temporary positions within the Sheriff's Department operating budget. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None APPROVEO &s To FQRK ITY ATTORNEY MW AND TRANSFER AN CRDI E TO APPROPRIATE $303,106, $7,364 TO FUND NI ADDTTIONAL TEMPCPARY POSITICNS wiqHIN TIBE SBMFF'S DEPAR@ opERATING @Er the @nsation Board of the Camnwealth is aware of the staffing shortage presently being experiericed at the Virginia Beach Correction center, and has notified the Sheriff that it has approved seventeen (17) additional t@rary Correctional Officers whose salaries and fringe benefits are loo% reirnbursed, and and the sation Board has further responded with an additional block grant for two (2) tenwrary Classification Officers and one (1) Mirse whose salaries and fringe benefits are two-thirds (2/3) re@rsed, and , the @nsation Board has been notified that the additional Nurse is currently provided through a contractual agreemnt, and qualifies as a re@rsable expense, and WHEREAS, the additional total operating costs of the nineteen (19) temporary positions, effective August 15, 1988 is estiniated at $310,470, and will be funded by $303,106 in reimbursements frcin the state, and $7,364 frcm the city. NOW, , 13E IT NED BY TBE CCUNCIL OF THE CITY OF VI)CINIA VIRGINIA, that funds in the amount of $303,106 are hereby apprcpriated and $7,364 transferred fran within the FY87-88 operating Budget of the Sheriff's Department to finance seventeen (17) additional temporary Correctional Officer positions, and two (2) additional t@rary Classification Officer positiorls, and BE iT neum owuNED that estimted Revenues Frcxn the CcmDnwealth in the forin of reimbursements be increased by $303,106. Adopted by the Council of the City of Virginia Beach, Virginia, this day of , 1988. This ordinance shall be in effect frofn the date of its adcption. First Reading : August 15, 1988 Reading: - - 26 - Item V-G.7 CONSENT AGENDA ITEM # 29872 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to TRANSFER $317,555 from sources within the Department of General Services to provide appropriate funding for year-end electrical expenditures. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO TRANSFER $317,555 FROM SOURCES WITHIN THE DEPARTMENT OF GENERAL SERVICES TO PROVIDE "PROPRIATE FUNDING FOR YEAR-END EXPENDITURES S, funds were appropriated in the PY 1987-88 operating budget for the Department of General Services to provide city-wide electrical services, and WHEREAS, electrical costs, due to higher than normal temperatures, will result in expenditures for the Building Maintenance/Management Support budget unit to exceed the FY 1987-88 appropriation by $317,555, and WHEREAS, available funding has been identified within other budget units in the department which may be transferred to offset the funding shortfall. NOW, THEREFORE, BE IT ORDAINED BY TRE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $317,555 are hereby transferred from within the PY 1987-88 operating budget for the Department of General Services to provide appropriate funding for year-end payments of PY 1987-88 electrical expenditures. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th@ day of August , 1988. - 27 - Item V-G.8 CONSENT AGENDA ITEM # 29873 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to TRANSFER $31,710 within the operating budget of the Department of Data Processing for additional and replacement computer equipment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council 14embers Voting Nay: None Council Members Absent: None ")4 ip4TTO"ROE".1 AN ORDINANCE TO TRANSFER @31,710 WITHIN THE FY 1988-89 OPERATING BUDGET OF THE DEPARTMENT OF DATA PROCESSING FOR ADDITIONAL AND REPLACEMENT COMPUTER EQUIPMENT WHEREAS, the Department of Data Processing provides terminals and other related equipment to city departments which require access to the mainframe comp.ter, and WHEREAS, when the cost of maintenance conlracts or repairs to obsolete equipment exceeds the purchase price of new equipment, the Department of Data Processing, in accordance with iLs major departmental objectives, requests Llie replacement of such equipmenl, and WHEREAS, the DeparLment of Data Processing is recommending the acquisition of an additional four (4) multiplexors as well as, the replacement of obsolete equipment consisting of twenty (20) terminals and eight (8) printers which have been identified as being too costly to repair, and WHEREAS, the Department of Data Processing has appropriations in the amount of $31,710 from terminated maintenance contracts, which may be transferred for the acquisition of the identified equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $31,710 be transferred within the operating budget of the Department of Data Processing for the acquisition of the aforementioned computer equipment. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, this 15th day of Au ust , 1988. - 28 - Item V-G.9 CONSENT AGENDA ITEII # 29874 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED: Utility Project for 51% Neighborhood Participation: Brock's Bridge Sanitary Sewer $67,000 Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None - 29 - Item V-G.10 CONSENT AGENDA ITEM # 29875 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Resolution requesting Department of Transportation to accept new streets for urban maintenance payments. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None RESOLUTION WHEREAS, the Virginia Department of Transportation requires a council resolution prior to accepting omissions and corrections to the revised road inventory for urban maintenance payments; and WHEREAS, the attached streets have been constructed in accordance with standards established by the Virginia Department of Transportation; and WHEREAS, the City of Virginia Beach has accepted these streets and has agreed to maintain these streets; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these streets; now THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia does hereby request the Virginia Department of Transportation to accept these corrections and to begin paying urban maintenance payments to the City of Virginia Beach based upon the established rate. Adopted this 15th day of AUGUST 1988 city of virginia Beach, Virginia BY @ t) , LOA" , @. &@ MEYERA Eq OBERNDORF MAYOR OF VIRGINIA BEACH ATTEST H( G SMITH CLERK OF COUNCIL - 30 - Item V-G.11 CONSENT AGENDA ITEM # 29876 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $2,263.22 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 7/ 27/88 EMC RM NO. C.A. 7 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 tiereby approved: NAME Tax Type Ticket Exonera - D ate Penalty I nt. Total Year of Tax Number ti on No. Paid Harris Jennings 85 RE(1/2) 46298-2 4/11/88 43.92 Harris Jennings 85 RE(2/2) 46298-2 4/11/88 41.87 Life Savings Bank 88 RE(1/2) 80325-5 12/5/87 73.07 Life Savings Bank 88 RE(2/2) 80325-5 6/5/88 73.07 Curtis M Hall 88 RE(1/2) 43506-4 12/3/87 67.97 Curtis M Hall 88 RE(2/2) 43506-4 5/27/88 67.97 Curtis M Hall 88 RE(1/2) 43507-3 12/3/87 6.58 Curtis M Hall 88 RE(2/2) 43507-3 5/27/88 6.58 C M Little Jr 88 RE(1/2) 63341-1 12/5/87 175.12 C M Little Jr 88 RE(,2/2) 63341-1 6/5/88 175.12 Total 731.27 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Cei t; - $ 7 3 1 . 9 7 - were approved by the Council of the City of Virginia Beach on the ay of A i, g,, g t- 1988. Joh surer Approved as to fo,rm: Ruth Hodges Smith City Clerk M NO. C. A. 7 8/1/88 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: NAME Tax Type Ticket Exo" era- Date Penalty I nt. Total Year of Tax Number ti.n NO. Paid Arlington Mortgage Corp 85 RE(1/2) 10244-3 11/8/84 28.08 Arlington Mortgage Corp 85 RE(2/2) 10244-3 5/23/85 28.08 Arlington Mortgage Corp 86 RE(1/2) 10969-5 11/12/85 39.73 Arlington Mortgage Corp 86 RE(2/2) 10969-5 5/29/86 39.73 Arlington Mortgage Corp 87 RE(1/2) 11622-1 11/27/86 39.73 Arlington Mortgage Corp 87 RE(2/2) 11622-1 5/22/87 39.73 Arlington Mortgage Corp 88 RE(1/2) 11996-8 11/23/87 49.99 Arlington Mortgage Corp 88 RE(2/2) 11996-8 5/18/88 49.99 Mutual Federal S&L 85 RE(1/2) 35169-1 12/5/84 12.00 Mutual Federal S&L 85 RE(2/2) 35169-1 6/5/85 12.0@O Mutual Federal S&L 86 RE(1/2) 37405-0 12/5/85 12.00 Mutual Federal S&L 86 RE(2/9@) 37405-0 6/5/86 12.00 Mutual Federal S&L 87 RE(1/2) 39257-4 12/5/86 12.00 Mutual Federal S&L 87 RE(2/2) 39257-4 6/5/87 12.00 Mutual Federal S&L 88 RE(1/2) 40761-0 12/5/87 13.16 Total 400.22 This ordinance shall be effective from date of adoption. The above abatement(s) totaling nt; 0 . Z2 - were approved by the Council of the City of Virginia Beach on the -@@y of A@u @s t_ . 1 9 8 8 reasurer Approved as to/@m: Ruth Hodges Smith City Clerk 'e- Bimsdn, dity Attorney 8/4/88 EMC O@M NO. C.A. 7 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 lnt. Total Y ear of Tax Number tion No. Paid Walter F Sullivan 88 RE(1/2) 3326-6 12/4/87 334.31 North Bay Corporation 88 RE(1/2) 80232-7 2/26/88 222.27 Crestar Mortgage Corporation 88 RE(1/2) 86845-3 12/4/87 30.17 Crestar Mortgage Corporation 88 RE(2/2) 86845-3 6/5/88 30.17 R Larry Turner 88 RE(]/2) 110072-5 11/13/87 66.79 Total 683.71 This ordinance shall be effective from date of adoption. The above abatement(s) totaling t d s to p . 1 were approved by the Council of the City of Virginia Beach on the 15t-bay of August_,. 1988. Trea@urer Ruth Hodges Smith City Clerk @ ty Atioriiey 7/ 27/88 EMC RM NO. C.A. 7 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 James M Gallagher, Att. 88 RE(2/2) 27493-2 4/29/88 132.06 J I Kislak Mortgage 88 RE(]/2) 31429-3 12/4/87 239.05 Ocean Lakes Community Assoc 88 RE(1/2) 80989-2 12/5/87 2.46 Norfolk Port & Ind Auth 88 RE(2/2) 80116-8 6/3/88 35.94 Norfolk Port & Ind Auth 88 RE(2/2) 80121-1 6/3/88 38.51 Total 448.02 This ordinance shall be effective from date of adoption. The above abatement(s) totaling c pay $448 .0 2 were approved by the Council of the City of Virginia Beach on thel@thday of uq-t,.1988. Jo@n T. AtRinson, Treasurer App ved as to form: Ruth Hodges Smith City Clerk Dale Bimson,k/City Attorney - 31 - Item V-G.12 CONSENT AGENDA ITEM # 29877 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $4,295.89 upon application of certain persons and upon certification of the Commissioner of the Revenue for payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None PC-RM C) C,' 8 REV 3M 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, VIRC@INIA: That the following applications for license refunds, upon cerlification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penafty Int. Total Year Paid AAI Enqineering Support, Inc. P 0 Box 10525 Baltimore, MD 21204 1986-87 Audit 436.68 436.68 Ameribanc Mortgage Corp. 621 L.ynnhaven Pkwy, Suite 150 Virginia Beach, VA 23452 1986-87 Audit 854.00 854.00 Danakit Group Inc,. The 105 S. First Colonial Rd #115 Virginia Beach, VA 23451 1984-86 Audit 97.10 97.10 Certified as to Payment: @obert P. Vaughan Commissioner of the R.@@ App!oved as to !prm: @,J@/Dal6-Bimsod This ordinance shall be effective from date of ty Attorney adoption. Trie above abatement(s) tota@ing $ 1 , 3 8 77 8 were approved by the Council of the City of Virginia Beach on the- 15thday oi August .19 88 Ruth Hodges Smith City Clerk FOFiM .0 C.@ 8 REV I'M 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, VIRG]NIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Pena4 lnt. Total Year Paid Weldon J. Dupuis TIA Audio Visual Production 2723 Hilbrook Drive Roanoke, VA 24018 1 98 5-8 7 Audit 4 2 . 0 0 4 2 0 0 Franciscus Co., Inc, The 620 Village Drive Virginia Beach, VA 23454 1985-86 Audit 1,211.80 1,211.80 Hot Dog Ifeaven, Inc. 5024 Princess Anne Road Virginia Beach, VA 23462 1986-87 Audit 13.49 13,49 Certified as to Payment: @.b.rt P. Vaughan Commissioner of the Revenue App@o@ed as t@ rm: D;le Bimsdn ity Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1 , 2 67 2 9 were approved by the Council of the City of Virginia Beach on the 1 5th day of August 19 88 Ruth Hodges Smith City Clerk FDFt. .0@ C@@ ORE'. 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 lnt. Total Year Paid Joco, Inc. T/A Haygood Hairstyling Haygood Shopping Center Virginia Beach, VA 23455 1986-67 Audit 17.82 17.82 Lake Station Ltd. 2712 Southern Blvd., Suite 101 Virginia Beach, VA 23452 1984-87 Audit 1,617.00 1,617.00 Reliable Express Courier Service 4791 Christopher Arch Virginia Beach, VA 23464 1985-86 Audit 6.00 6.00 Certified as to Payrrient: Robert P. Vaughan Commissioner of the Reve@@ Approved as to fol .4 @Dale'Bimson' This ordinance shall be effective from date of ity Attorney adoption. Theaboveabatement(S)totaling $1,640.82 were approved by the Council of the City of Virginia Beach on the@5 thday of August 19 8 8 Ruth Hodges Smith City Clerk - 32 - Item V-H. 1 . APPOINTMENTS ITEM # 29878 Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED to the FRANCIS LAND HOUSE BOARD OF GOVERNORS: Glenda H. Knowles (to serve the unexpired term of Karl Swartz thru 12/31/90) Johnnie S. Miller (to serve the unexpired term of B. Bruce Taylor thru 12/31/90) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 33 - Item V-H.2. APPOINTMENTS ITE24 # 29879 Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED to the PUBLIC LIBRARY BOARD: John J. Carvil, Jr. Susan M. Clark Lettie Dozier Samuel Knoll Betty T. Nottingham Royana R. Redon (for 3-year terms from 9/1/88 thru 8/31/91) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 34 - Item V-I. 1 NEW BUSINESS ITEM # 29880 ADD-ON Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution establishing a BOND FINANCING ADVISORY COMMITEE to solicit REQUEST FOR PROPOSALS from various firms and make recommendations to City Council within 90 days. The Committee shall consist of the City Manager, the Assistant City Manager for Administration, the City Attorney and the City Financial Advisor. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None iZequested by Councilman John Moss R E S 0 L U T I 0 N 2 3 4 WHEREAS, the City Council is desirous of obtaining 5 request for proposals from various bond counsels; and 6 WHEREAS, the City Council is desirous of obtaining the 7 best service for the best price on this important legal service. 8 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 9 CITY OF VIRGINIA BEACH, VIRGINIA: 10 1. That a committee is hereby formed consisting of the 11 City Manager, the Assistant City Manager for Administration, the 12 City Attorney, and the City Financial Advisor to solicit request 13 for proposals from various established bond firms. 14 2. That the said comm ittee is authorized to receive 15 such requests for proposals and provide to City Council their 16 recommendation. 17 18 Adopted by the-Council of the City of Virginia Beach, 19 Virginia, an this 15th day of August 1988 20 21 JDB/clb 22 06/07/88 23 07 / 07 / 8 8 24 08/08/88 25 CA 88-2771 26 proposal.res 35 - Item V-I. 1 NEW BUSINESS ITEM # 29881 ADD-ON Mayor Oberndorf referenced the DEDICATION on Saturday morning, August 13, 1988 of the Arai Seisakusho Company, Ltd. (ARS COMPANY) facilities on Diamond Springs Road. Messrs Arai and Mori brought in approximately 150 Japanese businessmen for the dedication. At the dinner, Saturday evening, Mr. Arai announced their company would be purchasing more land in the Airport Industrial Park and in addition to producing the rollers for the Cannon copiers they are investigating the possibility of producing the "Oll rings and various other parts for supplying the automotive industry. James Debellis, Director of Economic Development, presented a magnificent speech in Japanese which caused a most welcome response of the City's new corporate citizens. - 36 - Item V-J. RECESS INTO EXECUTIVE SESSION ITEM # 29882 In accordance with Section 2.1-344, Code of Virginia as amended, and upon motion by Vice Mayor Fentress, seconded by Councilwoman McClanan, City Council RECESSED into EXECUTIVE SESSION in the Conference Room, City Hall Building, for discussion of Personnel Matters (4:22 P.M.) 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 37 - Item V-K. 1 . ADJOURNMENT ITE14 29882 Upon motion by Councilwoman Henley BY ACCLAMATION, City Council ADJOURNED the Meeting at 5:00 P.M- Bev. Chief Deputy City Clerk th Hodgee'Smith, CMC Mey @city Clerk MEY,,, City of Virginia Beach Virginia Item V-K.1. ADJOURNMENT - 37 - ITEM # 29882 Upon motion by Councilwoman Henley BY ACCLAMATION, City Council ADJOURNED the Meeting at 5:00 P.M. O.'Hooks Chief Deputy City Clerk th Hodge~'Smit]~, CMC ~C~ty Clerk Mey~ra(~. Oberndorf ~ Mayor ¥ City of Virginia Beach Virginia August 15, 1988