HomeMy WebLinkAboutDECEMBER 6, 1982 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]OtqES, B.y@id. B .... gh
VICE-MAYOR BARBARA M. HENLEY, P..g. B.,..gb
IOIIN A. BAUM, B.-.gb
NANCY A. CREECII, Al L.,g.
HAROLD IIEISCliOBER, Ai L.,g.
H. JACK JENNINGS, JR., Ly.@h..@. B.@.gb
ROBERT G. JONES. At L.,g@
W. H. KircHIN, It/, Vig@i. B@.,h
REBA S. ht,CLANAN, A..@ B.,..gb
1. HENRY M,COY, JR.. K@@p@.ill@ B.,@.gb 212 ciry HALL BUILDIVG
MEYERA E. OBERNDORF, Al L.,@ MUNTCIPAL CENTER
VIRGINIA BEACH, VIRCTNIA 23456
RUTH HODGES SMITII, CMC, City Cl@,k (804) 427-4 303
CITY COUNCIL AGENDA
December 6, 1982
ITEM I INFORMAL SESSION: 11:00 a.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Presentation Regarding AICUZ Land Use Opportunities:
- Mr. Robert J. Scott, Director of Department of Planning.
2. Request by Faith Fellowship Church for Expedition of Use
Permit Application.
3. Arthur Young and Associdtes' Financial Water Rate Contract:
Discussion.
4. Capital Projects Status Report for Period EndinT- September
30, 1982: Discussion.
5. Revenue and Expenditures Repoit Through October 31, 1982:
Discussion.
6. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Richard J. Keever
Bayside Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of the Regular Meeting
November 22, 1982.
2. Motion to accept/approve the Minutes of the Joint Special
Meeting November 23, 1982.
E. PROCLAMATION/PRESENTATION
1. Virginia Beach Public Library Board
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution supporting all of the staff recommendations
outlined in the JLARC report entitled "Highway
Construction Allocations in Virginia November 8, 1982,"
and urging the Virginia General Assembly to enact those
recommendations into law.
I
2. Resolution authorizing the City Manager to enter into a
contract for Technical Assistance in the Analysis of
Revenue Strategies and the Financial Impact of Water
Supply Alternatives for the City of Virginia Beach.
3. Ordinance to amend and reordain Sections 35-4 and 35-5
and to enact Section 35-6.1 of the Code of the City of
Virginia Beach to provide for a proration of personal
property taxes on motor vehicles and trailers.
4. Ordinance to amend and reordain Chapter 21, Article III
of the Code of the City of Virginia Beach pertaining to
local vehicle licenses.
5. Ordinance to transfer appropriations within the Depart-
ment of Data Processing to convert certain equipment
from rent to purchase or lease/purchase and to acquire
additional equipment. (This item was deferred on
November 8, 1982.)
6. Ordinance to transfer funds of $21,301 within the
Department of Public Works/Refuse Disposal Division
towards the lease/purchase of a hydraulic excavator.
ITEM II F. CONSENT AGENDA (cont'd)
7. Ordinance, on FIRST READING, to accept and appropriate
a grant from the Federal Emergency Management Agency
totaling $9,810 and transfer local funds of $15,790
for the purpose of establishing a Mobile Emergency
Communications Center.
8. Low bid of Shirley Construction Corporation, in the
amount of $563,536.00, for the City Garage Expansion
Project, Phase II; AND, authorize the City Manager to
enter into the riecessary agreements for the implemen-
tation of this project.
9. Low bid of Pete Block Roofing, in the amount of
$29,232.00, for the Building Maintenance Headquarters
Expansion/Roof; AND, authorize the City Manager to enter
into the necessary agreements for the implementation of
this project. (This item was deferred on November 22,
1982.)
10. Request of the City Treasurer for tax refunds in the
amount of $1,392.88.
11. Request of the Co=issioner of the Revenue for license
refunds in the amount of $1,382.28.
G. APPOINTMENTS
1. Incinerator Site Development Committee
H. UNFINISHED BUSINESS
1. Appeal of encroachment denial for Creative Displays
(This item was deferred on November 1, 1982, for 30
days.)
2. Amendments to the City Code requested by Councilman H.
Jack Jennings. (These items were deferrea on November
15, 1982.)
a. Ordinance to amend and reordain Section 6-3 of
the Code of the City of Virginia Beach pertaining
to playing ball, using frisbee, etc., on beach.
b. Ordinance to amend and reordain Section 6-6 of
the Code of the City of Virginia Beach pertaining
to taking food or drink on beach or adjacent
streets.
C. Ordinance to amend and reordain Section 12-5 of
the Code of the City of Virginia Beach pertaining
to fires on beaches.
d. Ordinance to amend and reordain Article III, Section
36-57 of the Code of the City of Virginia Beach by
adding Subsection (3) thereto pertaining to parking
or stopping of charter buses.
ITEM II H. UNFINISHED BUSINESS (Cont'd)
3. Application of McDonald's franchise at 28th Street and
Atlantic Avenue for approval of their proposed addition
to a nonconforming structure. (This item was deferred
on November 22, 1982.)
4. Request of Leonard L. Hodges for removal of a condition
on a variance approved February 8, 1982.
I. NEW BUSINESS
1. Resolution requesting the Federal Government to delay
for a period of not less than one year the effective
date of the tax exempt bond registration requirements
of the Tax Equity and Fiscal Responsibility Act,
effective January 1, 1983. (Requested by Councilwoman
Oberndorf)
J. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
6 December 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Louis R. Jones, in the
Conference Room, City Hall Building, on Monday, December 6, 1982,
at Eleven o'clock in the morning.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Absent:
W. H. Kitchin, Ill
- 2 -
ITEM #19150
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION
pursuant to the exemptions from opening meetings allowed by
Section 2.1-344 Code of Virginia, as amended, for the following
purposes:
1. PERSONNEL MATTERS: Discussion or consideration
of employment, assignment, appointment, pro-
motion, performance, demotion, salaries, dis-
ciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration
f the c nd@ition, acquisition or use of real property
for public purpose, or of the disposition of publicly
held property, or of plans for the future of an institution
which could affect the value of property owned or
desirable for ownership by such instituion.
3. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential li.tigation, or
other legal matters within the jurisdiction of the
public body.
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
- 3 -
M A T T E R S B Y T H E M A Y 0 R
DRUNK DRIVING TASK FORCE ITEM #19151
Mayor Jones asked Councilman Heischober to report on the recent
Drunk Driving Task Forum.
Councilman Heischober advised he attended the Forum on November 5,
1982, in Richmond and noted a State Task Force has been appointed
by Governor Robb which is Chaired by Delegate Mary Sue Terry. The
Committee is comprised of medical personnel, judges, law enforcement
officials, representatives of state agencies and Sargeant James Howland
of the Virginia Beach Police Department. Mr. Vince Burgess, Virginia
Alcohol Safety Action Program (VASAP), will work with the Committee.
President Reagan signed the Barnes Bill into law in October 1982.
This law basically allocates funds to the states to combat the
drunk driving problems. Virginia could realize approximately $600,000
under this law when the State complies with the federal mandates.
Councilman Heischober recommended Council appoint a local task
force to work with the State Task Force and suggested Mrs.
Lillian DeVenney, a resident of Virginia Beach and Vice President
of Virginia MADD (Mothers Against Drunk Driving), Chair this
Committee.
The Mayor requested Councilman Heischober meet with Mrs. DeVenny
to select names of persons to serve on the Committee and report
back to Council.
APPEARANCE BEFORE COUNCIL ITEM #19152
Mayor Jones advised he has received several requests from Robert
Engessor to speak before Council to discuss his problems with the
City Treasurer and other matters and requested Council's pleasure
in this matter.
It was Council's consensus that this matter does not come under
their jurisdiction as the Treasurer is a Constitutional Officer
acting under authority designated by law. Further, Mr. Engesser
has presented no matters not previously discussed by him at earlier
appearances before Council in FORMAL SESSION.
BACK BAY STUDY COMMISSION ITEM #19153
Vice Mayor Henley advised the Back Bay Study Commission has been
in effect for several months and twenty-four consulting firms
were invited to submit proposals for the Management Plan.
Responses have been received from eighteen firms indicating
an interest in the project. The proposals were reviewed by the
Planning Department, Southeastern Virginia Planning District
Commission and the Hampton Roads Water Quality Agency. Based
upon the review four (4) firms will be invited to make proposals
in early January 1983 from which a selection will be made. Funding
will be decided at a later date.
-4 -
FALSE CAPE TASK FORCE ITEM #19154
Vice Mayor Henley advised Council the False Cape Task Force has
reconvened for Tuesday, December 7, 1982, in Richmond, Virginia,
results of that meeting will be forthcoming.
GOVERNOR'S EMPLOYMENT AND TRAINING ITEM #19155
COUNCIL MEETING
Vice Mayor Henley advised she and Councilwoman Oberndorf attended
the Governor's Employment and Training Council Meeting in Richmond
on Friday, December 3, 1982. The topic was "Summer Jobs for 1983
Program". The Governor is strongly supporting this program.
Councilwoman Oberndorf advised if the private sector (businesses)
was willing to become involved in the Summer Jobs Program they
would receive an 85% tax credit for hiring disadvantaged youth
who are between the ages of 16 and 17 and have not been previously
employed.
TRAFFIC SIGNALS ITEM #19156
Councilman McCoy requested the City Manager investigate the number
of traffic signals being placed in the City of Virginia Beach,
especially the Kempsville Borough and suggested Council meet with
John Herske, Traffic Engineer, during a future INFORMAL SESSION.
The City Manager advised he will review the existing traffic
signals and report back to Council.
NORTHWEST QUADRANT ITEM #19157
Councilman Heischober referenced a letter from W. B. Meredith
concerning the Northwest Quadrant at Hilltop and requested the
City Manager review this matter with the staff to determine if
the "Loop" should remain on the Master Street and Highway
Plan.
The City Manager advised he has referred this matter to the
Planning Commission for their review.
The Mayor advised he had responded to Mr. Meredith with the
recommendations of the Planning Commission.
12/6/82
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NATIONAL LEAGUE OF CITIES ITEM #19158
Councilman Jones made reference to the National League of Cities
Conference he and Councilman McCoy attended. The work sessions
attended were very informative and this City is in better financial
condition than some around the Country.
Councilroan Jones noted one of the workshops attended was on
Micro-Computers in Local Government, chaired by Mayor Moody,
Columbus, Ohio, was interesting.
CONFLICT OF INTEREST ITEM #19159
Mayor Jones introduced Paul A. Sciortino, Commonwealth Attorney,
who advised Council of the provisions of the Virginia Conflict
of Interest Act (COI).
Mr. Sciortino advised Council that the purpose of the COI is to
establish a single uniform body of law applicable to all state
and local government officers and employees on the subject of
conflicts of interest; clarify prohibited conduct by public
officials and employees; define a procedure for disclosure by
public officials of personal or pecuniary interests and provide
sanctions for non-compliance. All officers and employees of all
levels of State and Local Government, including spouses or other
relatives residing in same household (governmental and advisory
agencies).
Mr. Sciortino advised Council of the Contracts and Interests
Affected by the Act:
A. A contract is any agreement to which a
governmental agency is a party
B. Prohibited Contracts
Contracts, or interest in contracts, witb
one's own agency.
C. Contracts permitted with proper disclosure
Contract or material financial interest in
contract with any other agency.
Interests Affected:
A. Material Financial Interest (MFI)
Defined to include any personal and pecuniary
interest accruing to employee, spouse, or any
relative residing in same household as result
of any transaction.
1. Contract
If MFI is due to ownership in property
affected by transaction, value of
interest immaterial.
1 2 6 8 2
6 -
2. Business
If MFI due to ownership of interest
in business, ownership must be 5%
or more, or aggregate annual income,
exclusive of dividend and interest
income, must amount to $5,000 or
more.
Mr. Sciortino advised Council of the prohibited conduct:
A. Purchasing items at a sale conducted in
official capacity
B. Soliciting or accepting money in addition
to salary for services
C. Offering or accepting anything of value for
obtaining special privileges with agencies
D. Disclosure for personal gain of information
gained by virtue of office
D. Accepting any gift, favor or service which
tends to influence discharge of duties
Mr. Sciortino advised that when an employee, spouse or other relative
has both a material financial interest and the transaction is not of
general application (affects interest specifically), must disclose
interest and disqualify self from further consideration; when
material financial interest may be substantially affected by actions
of agency; real estate interests or holdings by local officials,
including candidates.
The State Official Annual Disclosure must be filed with the Attorney
General in December of each year. The Local Official Annual
Disclosure must be filed with the Commonwealth Attorney in January
of each year for material financial interest and with the Clerk of
the Circuit Court in December of each year for real estate.
Willful violations constitute malfeasance in office. Malfeasance in
office constitutes a misdemeanor, resulting in criminal penalty and
forfeiture of office. Willful failure or refusal to file disclosure
can result in dismissal from office.
Mr. Sciortino advised:
1. The City Clerk will promptly notify
his office of the names and mailing
addresses of incumbent City Council
Members and, as necessary, of newly
elected Members of City Council.
The Clerk will also furnish names
and mailing addresses of members
appointed by City Council on City
Boards and Commission and City Council
appointees (i.e., City Manager, City
Attorney, City Clerk, High Constable
and Real Estate Assessor).
2. The City Manager will promptly notify this
office of the name and title of any newly
appointed Assistant to the City Manager or
Department Head.
- 7 -
3. The Office of the Commonwealth Attorney
will advise the Members of Council,
Members of Advisory Boards and Commissions,
Constitutional Officers, Council-appointed
City officials and City Department Heads
of the provisions of the COT, and will provide
copies of disclosure forms which may be
applicable in the performance of their duties.
4. It will be the responsibility of the Department
Heads to disseminate the appropriate disclosure
forms and information to any subordinate
to whom the COI is applicable.
5. For the purposes of enforcement, it is our
opinion that the COI applies to any City
Official who exercises substantial power
and discretion in the performance of duties
with regard to procurement, contracting,
planning, the receipt or expenditure of
public funds, or inspecting, licensing,
regulating or auditing.
6. The Office of the Commonwealth Attorney
will render legal opinions concerning
the COI, provided the requests for such
opinions are in writing and routed
through the Department Head, if applicable.
7. At the request of officers, employees or
members of Advisory Boards or Commissions,
this office will seek a review of any opinion
rendered from the Attorney General, and in
any event, an elected official, employee or
member of such Advisory Board or Commission
has the right to seek a declaratory judgment
or other judicial relief from the Circuit
Court.
8. Upon receipt by this office of disclosure of
material financial interest forms, they will
be reviewed for compliance with the COI. Forms
will be available for inspection by public
officials or members of the public at large.
Deputy Commonwealth Attorney, Robert J. Humphreys, spoke on this
matter.
City Council RECESSED for lunch (12:50 p.m.)
8 -
ITEM #19160
City Council reconvened into the INFORMAL SESSTON (1:00 p.m.) with
the following Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Absent:
W. H. Kitchin, III
C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
AICUZ LAND USE OPPORTUNITIES ITEM #19161
The City Manager asked Robert J. Scott, Planning Director, to make
a presentation on the AICUZ Land Use Opportunities within the City
of Virginia Beach.
Mr. Scott advised the Navy was in the process of acquiring certain
easements over various parcels of land surrounding Naval Air
Station-Oceana (approximately 4,300 acres).
Mr. Scott, motioning to the Map advised all colored areas were
being acquired by the Navy:
Blue - Land zoned Industrial
Gray - Not zoned Industrial but is recommended
for Industrial zoning under the
Comprehensive Land Use Plan
Green - 870-acres of land that is either zoned
commercial or is recommended for
industrial development.
Of the 4,300 acres involved it is felt that over the next thirty
(30) years approximately 1,000 acres will be developed.
- 9 -
It was suggested the City establish a LAND USE TASK FORCE which will
concentrate on a proper balance of uses in those areas impacted by
AICUZ as well as zoning considerations for other land areas in the
vicinity feasible for supporting industrial/business development.
The Task Force should be made up of representatives from those
City Departments responsible for planning and for providing
required systems for development in the area:
Naval Air Station-Oceana
Department of Planning
Department of Public Works
Department of Public Utilities
Department of Finance
City Real Estate Assessor
Department of Economic Development
Councilwoman McClanan requested the Task Force be expanded to
include:
Members of City Council (2)
Member of the Planning Commission
Chamber of Commerce
Industrial Development Authority
EXPEDITION OF USE PERMIT ITEM #19162
The City Manager made reference to a letter from David B. Oglesby,
Jr., Trustee, Faith Fellowship Church, requesting expedition of
the use permit for the Church to hold services at 3820 Virginia
Beach Boulevard.
The application will be heard on January 11, 1983, and it is
requested the matter be placed on the City Council Agenda of
January 17, 1983.
This matter has been placed on the FORMAL AGENDA under NEW BUSINESS.
ARTHUR YOUNG AND ASSOCIATES ITEM #19163
The City Manager advised Council on the CONSENT AGENDA is a
proposed Resolution and Contract between the City of Virginia
Beach and Arthur Young and Company to perform certain technical
services in the analysis of revenue strategies and the financial
impact of the water supply alternatives for the City of Virginia
Beach.
-10-
The task was divided into two phases. Phase 1, which has been
performed and submitted to Council, was a preliminary financial
analysis that provided an initial estimation of the financial
impact of the water source alternative on water rates for Virginia
Beach customers. The first phase was performend for a fee not to
exceed $10,000.
The second phase of the analysis will be to design and develop a
financial feasibility computer model in which input variables can
be entered as conditions change during the course of the project.
The model will also allow City staff to input different combinations
of financing techniques to determine impact on rates of existing
and future water customers. The total cost to complete Phase II
will not exceed $27,500 without written authorization of the City.
Funding for such financial studies concerning the City's long-term
water supply needs has previously been provided by City Council.
CAPITAL PROJECTS STATUS REPORT ITEM #19164
The City Manager presented to Council for their perusal the Capital
Project Status Report for period ending September 30, 1982.
REVENUE AND EXPENDITURES REPORT ITEM #19165
The City Manager asked Mr. Giles G. Dodd, Assistant to the City
Manager for Finance and Research,to make a presentation to Council
on the Revenue and Expenditures Report through October 31, 1982:
Mr. Dodd advised:
GENERAL FUND (Exhibit A)
Revenues in the General Fund through October 31, 1982, amounted
to $55,423,766 or 30.7% of the total estimated for the year.
This compares with 30.6% through October 31, 1981, and 28.1%
through October 31, 1980.
In the "Other Local Taxes" category, the Staff has prepared
Exhibit A-1 which shows each major revenue source in detail.
Through October 31, 1982, it appears that taxes on cigarettes
and hotel rooms are below estimates. However, other local
taxes in the aggregate appear to be in line with the total
estimated for the year.
Expenditures and encumbrances through October 31, 1982, continue
to be incurred at a rate less than estimated. The $40,199,322
shown through October 31, 1982, is 21.4% of the total appropriated
for the year. This compares favorably with 24.5% in FY 1982 and
30.2% in 1981.
- I 1 -
SCHOOL OPERATING FUND (Exhibit B)
Revenues in the School Operating Fund, excluding the transfer
from the General Fund, througb October 31, 1982, amounted to
$16,002,618 or 30.5% of the total estimated for the year. This
compares with 30.4% in FY 1982 and 27.5% in FY 1981. Through
October 31, 1982, total revenues appear to be in line with the
total estimated for the year.
Expenditures and encumbrances through October 31, 1982, totaled
$26,132,734 or 22.7% of the total appropriated for the year. This
compares with 22.3% in FY 1982 and 24.1% in FY 1981.
WATER AND SEWER FUND (Exhibit C)
Revenues in this enterprise fund through October 31, 1982, amounted
to $6,665,971 of the total estimated for the year. This compares
with 27.9% in FY 1982 and 35.9% in FY 1981.
REVIEW OF CONSENT AGENDA ITEM #19166
The City Manager advised on the CONSENT AGENDA is item II-F.9,
the low bid of Pete Block Roofing, in the amount of $29,232 for
the Building Maintenance Headquarters Expansion/Roof, and
requested all bids be REJECTED.
Mayor Jones advised he had one question concerning the Feasibility
of a Proration System for Personal Property, Page Four (4), First
Paragraph:
Generally speaking, a prorated personal property
tax system is applicable to motor vehicles,
trailers and boats; it is not applicable to
business personal property.
Councilman Heischober requested the City study the inclusion of
boats into personal property taxes.
Councilman Heischober asked the City Manager if the $21,000 for
the Dragline Crane would be made in ten (10) equal payments?
The City Manager advised in the affirmative and noted the payments
would be spread over a five (5) year period.
- 1 2 -
Councilman Jones requested additional information concerning
Item II-F.5, the Ordinance to transfer appropriations within
the Department of Data Processing to convert certain equip-
ment from rent to purchase or lease/purchase and to acquire
additional information, as to the equipment the City is to
purchase.
City Council RECESSED into EXECUTIVE SESSION, (1:45 p.m.)
- 1 4 -
M I N U T E S
ITEM II-D.1/2 ITEM #19167
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman
Creech, City Council voted to APPROVE the Minutes of the Regular
Meeting of November 22, 1982, and the Minutes of the Joint Special
Meeting between the City Council of Chesapeake and the City Council
of Virginia Beach on November 23, 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
- 1 5 -
P R 0 C L A M A T I 0 N/P R E S E N T A T i 0 N
ITEM II-E.1 ITEM #19168
Mayor Jones read the Proclamation proclaiming the Month of
December, 1982, as:
VIRGINIA BEACH READING MONTH
and presented same to Jack Robertson, Chairman, Public Library
Board.
Mr. Robertson presented Council a copy of the book PICTORIAL
HISTORY OF VIRGINIA BEACH and advised a revised copy will be
presented to them in February, 1983.
C 0 N S E N T A G E N D A
ITEM II-F ITEM #19169
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the CONSENT AGENDA by ONE MOTION with the
exception of ITEM II-F.9 which will be considered separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
41P
WHEREAS,',keadLng
@-CeUch i6a jundam@ pucu,6 6o@
g@@ng tn@o)zm@oki @d aaking deci6ion6, (indeag@ .6UCces46
in acadenic ake" &nd vocatzonat puu@ and
WHEREASIkeading enhance,6 peasonat gxowth in both the
z choo-e and communitti; and
WHEREAS, aAe devetoped th,%ough th@
exeAci6e a6 an onaf int@est ta)toughout an
individuat'.6 ti
WHEREAS, ed@u, paA@,: and @zens o6 the Common-
w@ o6 ViAginia have the ice6pcn4ib@y to encou,%agi chitdken
and aduw to devefop the zUM which can make them tijetong
iteadeu;
NOW, THEREFORE, 1. Lou is R. Jone4, Mayot o6 the @ o6
Viigin& Beach. do heaeby d@nate the month o6 DecembeA, 1982,-
a6
VIRGINIA BEACH READING MONTH
and wig e @en4 to take op oxtunity to PiLomote and
p
p@cipate in the enjoyment @d exten4ion o6 &eadeng a.6 an.
integ=Z paat o6 theiL tive6.-
Lo@ -R. Jones
Mayo,%
- 1 6 -
ITEM II-F.1 ITEM #19170
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution supporting all of the staff
recommendations outlined in the JLARC Report entitled "Highway
Construction Allocation in Virginia November 8, 1982," and urging
the Virginia General Assembly to enact those recommendations into
law.
Votiog: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
1 7 -
R E S 0 L U T I 0 N
WHEREAS, in 1982, the Virginia General Assembly
directed the Joint Legislative Audit and Review Commission
(JLARC) to conduct a study of the reasonableness, appropriate-
ness, and equity of the current statutory provisions for allo-
cating highway construction funds among the several highway
systems and the individual cities and counties of the Commonwealth;
and
WHEREAS, the JLARC study considered equity in terms
of highway construction needs and stated that an equitable
distribution of construction funds occurs when the relative
proportion of funds allocated to a locality is equivalent to
the relative proportion of construction needs in the locality;
and I
WHEREAS, the Virginia Department of Highways and
Transportation has estimated the present and future highway
construction needs for Virginia Beach at a total cost of
$785,837,976, which is 5.1% of the total-highway construction
needs of the entire state; and
WHEREAS, JLARC staff has used this State Highway
Department needs information to develop recommendations for
changing the highway construction allocation formula as out-
lined in a draft report dated November 8, 1982; and
WHEREAS, the only way to achieve equity in the dis-
tribution of highway construction funds to localities is to
base the distribution totally upon highway construction needs
within each locality.
NOW, THEREFORE, BE IT RESOLVED by the Council of
the City of virginia Beach that the Council supports all of
the staff recommendations outlined in the JLARC report entitled
"Highway Construction Allocations in Virginia November 8, 1982,"
and urges the Virginia General Assembly to enact those recommen-
dations into law.
JLARC HIGHWAY DONSTRUCTION ALLOCATIONS IN VIRGINIA
November 8, 1982
RECOMMENDATIONS
The General Assembly rnay wish to amend the Code of Virginia
to require that funds necessary to match federal interstate
aid be set aside from the total funds available for construc-
tion activities. -Funds for the ipatch should not be deducted
from a district's primary allocation. The advantage of
this change is that the necessary match would be met by
spreading the burden over all funds, reducing the severe
impact on a few areas.
(2) The General Assembly may wish to amend Section 33.1-23.1:1
to increase the percentage of fund for unpaved roaas'-
s
from 3.75 percent, not to exceed 7.9 percent. This recom-
mendation would continue the'Geheral Assembly's earlier
decision to place a priority on pavinq nonsurface treated
secondary roads and would base the allocation on construc-
tion'need. The allocatiofts available for each county
under this proposal are shown in Appendix C.
(3) In order to ensure the use of available @-ederal aid, the
General Assembly may wish to amend the Code of Virginia
to provide for funding special bridge needs outside of
the allocation process. This could b6 accomplished in
a manner similar to the distribution of interstate con-
struction funding or unpaved.roads. The special bridge
fund should include both the available federal aid and
required State match. In FY 1983, such a fund would have
amoun--ed to $11.4 million. Allocations from this fund
should be made on the basis of greatest need@as determined
from DHT's current bridae inspection program. The funds
for bridges should not be deducted from a locality's regular
system allocations.
(4) The General Assembly may wish to amend Section 33.1-23.1'B
of the Code of Virginia to adjust the proportion o@' funds
provided to each sy.9tem to one-third.
Because the construction allocations -@or FY 1977 w
not set by any Statewide, consistent criteria and ap@ea'r
--Secondary to be inequitable, the General Assembly may wish to-amend
System Section 33.1-23.4 of the Code of Virginia to end the7 p@e'-
of FY 1977 allocations as an allocation requirement..,-
6) The Generil Assembly may wish to amend the current statu-tbry
Secondary formula to include factors which have been shown to be
System
iindependent measures. The alternative formulas presented.-
in the next section include only the objective factors
which meet this criterion.
(7) The General Assembly may wish to amend the Code of Virginia
Urban to establish a statutory formula for allocating urban
-System system funds.
(8) The General Assembly may wish to amend the Code of Virginia
Primary to revise the current statutory formula to include independent
System factors which are weighted in proportion to their relation-
ship to construction needs.
(9) The General Assembly may wish to amend the Code of Virginia
to change the geographical basis of aggregating primary
allocations from DHT's eiaht districts to the planning
district corm-nission boundaries. These boundaries should
be used only for the purpose of allocating funds. The
9
"@districts should continue to administer any projects in
their area.
.(10.) The Secretary of Translbortation should ensure that a reassess-
;@:.-'.ment of hgihway constru@ction allocations is made on a
peri6dic basis tLsapart'of the 8tatewide Transportation
Planning process. The 6nalysis should be based on the
prioritization of needs between systems and localities,
and transportation goals should be more clearly established
for the future. An improved methodoldgy for identif@ing
special needs and involving local governm6nts should be
developed.
7@
- 20 -
ITEM 11-F.2 ITEM #19171
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution authorizing the City Manager to
enter into a contract for Technical Assistance in the Analysis
of Revenue Strategies and the Financial Impact of Water Supply
Alternatives for the City of Virginia Beach. (Arthur Young and
Associates)
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abserit:
W. H. Kitchin, III
2 1-
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT FOR TECHNICAL
ASSISTANCE IN THE ANALYSIS OF REVENUE
STRATEGIES AND THE FINANCIAL IMPACT OF
WATER SUPPLY ALTERNATIVES FOR THE CITY OF
VIRGINIA BEACH
WHEREAS, Arthur Young and Company has submitted to the City
a proposal dated October 21, 1982, for the performance of certain
technical services, and
WHEREAS, a preliminary financial analysis as outlined in the
contractor's proposal has been performed and submitted to the City,
and
WHEREAS, City Council now wishes to complete the remainder of
the work outlined in the contractor's proposal, and
WHEREAS, City Council has previously provided funding for such
financial studies concerning the City's long-term water supply needs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that the City Manager is hereby authorized
to enter into a contract with Arthur Young and Company to complete
the remainder of the work outlined in the contractor's proposal
dated October 21, 1982, which together with that portion of the
work previously performed shall not exceed $37,500.
This resolution shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth - day of December 1982.
- 2 2 -
ITEM II-F.3 ITEM #19172
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to amend and reordain Section 35-4
and 35-5 and to enact Section 35-6.1 of the Code of the City
of Virginia Beach to provide for a proration of personal
property taxes on motor vehicles and trailers.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
2 3 -
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
35-4 AND 35-5 AND TO ENACT SECTION 35-6.1 OF
THE CODE OF THE CITY OF VIRGINIA BEACH TO
PROVIDE FOR A PRORATION OF PERSONAL PROPERTY
TAXES ON MOTOR VEHICLES AND TRAILERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 35-4, 35-5 and 35-6 are amended and
reordained, and Section 35-6.1 is enacted as follows:
Section 35-4. Tax, valuation, etc., date for tangible
personal property, machinery and
tools.
Tangible personal property and machinery and tools,
except as provided under Section 35-6.1, shall be taxed as of
January first of each year. The status 6f all persons, firms,
corporations and other taxpayers liable to taxation on any such
property shall be fixed as of such date in each year and the
value of such property shall be taken as of such date.
Section 35-5. When personal property taxes due and payable.
City taxes on personal property, except as provided
under Section 35-6.1, for each year shall be due and payable on
or before June fifth of the @ear in which the same are assessed,
except that, when assessment is made after June fifth, such taxes
shall be due and payable on or before December fifth of the year
in which the same are assessed.
Section 35-6.1..Personal property tax on motor vehicles and
trailers; proration tbereof.
(a) There shall be a personal property tax at a rate
established each year by the city council on motor vehicles and-
trailers, (hereafter referred to in this section as "taxable
property") which have a situs within the city on January first of
each year and which acquire a situs within the city on or after
January the second of each year. When taxable property acquires.
a situs within the city on or after January second, the personal
2 4 -
property tax for that year shall be assessed to the owner
prorated on a monthly basis for the portion of the tax year
during which the taxable property has situs within the city.
When taxable property with a situs in the city is transferred to,
a new owner within the city, the personal property tax shall be
assessed to the new owner prorated on a monthly basis for the
portion of the tax year during which the new owner owns the
taxable property. For purposes of proration, a period of more
than one half of a month shall be counted as a full month and a-
period of less than one half of a month shall not be counted.
All taxable ptoperty shall be assessed as of January first of
each year or, if it acquires situs or has its title transferred
atter January first, as of the first day of the month in which
the taxable property acquires situs within the city or has its.
title transferred.- The owner of taxable property acquiring situs
within the city or to whom taxable property is transferred shall-
file a declaration of property ownership to the Commissioner of
Revenue within thirty (30) days of the date on which such
property acquires a situs within the city or has its title
transferred to such owner.
(b) When any taxable property loses its situs within
the city or its title is transferred to a new owner, the taxpayer
shall from that time be relieved from personal property tax on
such taxable property and receive a refund of personal property
tax already paid, or a credit toward taxable property newly
transferred to the taxpayer, or a credit against personal
property taxes outstanding against the taxpayer, at the option of
the Commissioner of Revenue, on a monthly prorated basis, upon
application to the Commissioner of the Revenue, provided that
application is made within one year from the last day of the tax
year during which the taxable property lost situs or had its
title transferred.
(c) Taxes on all taxable property with a situs within
the city on January first of each year, shall be paid on or
before June fifth of each year. Taxes on all taxable property
which acquires situs within the city or has its title transferred
-2-
2 5 -
after January first and on or before April first of each year
shall be paid on or before June fifth of each year. Taxes on all
taxable property which acquires a situs within the city or has
its title transferred after April first but on or before October
first of each year shall be paid on or before December fifth, of,
the same year. Taxes on all taxable property which acquires
situs within the city or has its title transferred after October
first but on or before December fifteenth of each year shall be
paid 6n 6r before March fifteenth of the following year,
(d) Any person who fails to pay personal property taxes
on or before the date due as pro,,.,ded bove shall incur a penalty
Of ten (10) per cent of the tax due, or ten dollars ($10.00),
whichev6r is greater, which shall bedome part of the taxes due.-
Interest at the rate of nine and six-tenths (9.6) percent per
annum from the first day following the day such taxes are due,
shall be paid upon the principal and penalties of such taxes
remaining unpaid.
(e) An exemption from this tax and any penalties
arising therefrom shall be granted for any tax share or portion
thereof during which the property was legally assessed
by another jurisdiction-and proof is presented to the
Commissioner of Revenue indicating that such tax on the assessed
property was paid.
This Ordinance shall become effective on the 1st day of
January, 1983.
Adopted by the Council of the City of, Virginia Beach,
Virginia, on the 6tb day of December , 1982.
MES/sm Ap
4/14/82 -pp
,OVED AS Tg, FORM
6/28/82
7/10/82
8/19/82
9/22/82
(D)
- 2 6 -
ITEM II-F.4 ITEM #19173
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to amend and reordain Chapter 21
Article III of the Code of the City of Virginia Beach pertaining
to local vehicle licenses.
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
-2 7
Requested By: Finance/Research
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 21, ARTICLE III OF THE CODE
OF THE CITY OF VIRGINIA BEACH
PERTAINING TO LOCAL VEHICLE LICENSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 21, Article III of the Code of the City of
Virginia Beach is hereby amended and reordained as follows:
Section 21-73. Exemptions.
No person shall be required to pay the tax prescribed
by this article on7-ar-ebtain-a-lieense-under-this-artiele-for7
any vehicle for which an annual registration certificate and
license is not required by title 46.1 of the Code of Virginia,
et on any vehicle specifically exempt under the provisions of
section 46.1-66 of the Code of Virginia7, or on any vehicle owned
solely by a person in active military service, who is in the city
solely by reason of military orders and who has a legal residence
in a state other than Virginia; provided, however that every
person claiming an exemption under this section who owns and
operates a motor vehicle, trailer or semitrailer which is
normally garaged within the boundaries of the City of Virgina
Beach and who lives within the boundaries of the City of Virginia
Beach must still obtain a license under this article. Upon
presentation to the city treasurer of proof that the owner of a
vehicle is exempted under this section, the treasurer is
authorized to issue to such owner a city license plate or decal.
for identification purposes. No fee shall be charged for such
issuance.
Section 21-79. issuance of plate or decal to members of
volunteer fire companies or rescue squads,
auxiliary policemen and military personnel.
(a) City automobile license plates or decals shall be
issued to members of the various volunteer fire companies and
rescue squads and to auxiliary policemen of the city, without the
payment of any tax or fee therefor, in accord with the following
provisions:
(1) The city treasurer shall issue a city automobile
license plate or decal to each active member of
the various volunteer fire companies and rescue
squads and to each active auxiliary policeman and
r287
to those with ten (1-6,) or more years active
service in one of the organizations, although
presently inactive, who shall submit a letter from
the chief of his fire company or rescue squad or,
in the case of auxiliary policemen, from the chief
of police, stating that he is an active member of
the company or squad or is an active auxiliary
policeman or that, while he is no longer active,
he did serve actively for ten (10) or more years.
(2) Each such member of a volunteer fire company or
rescue squad and auxiliary policeman shall, at the
time of issuance, agree with the treasurer to
return to the treasurer the city automobile
license plate or decal issued to him, if and when
such member or auxiliary policeman becomes
inactive after having actively served for less
than ten (10) years.
(3) The chief of each volunteer fire company and
rescue squad and the chief of police shall submit
to the treasurer the names and length of active
service of members and auxiliary polidemen who
become inactive.
This Ordinance shall be in effect from and immediately
after its adoption.
Adopted by the City Council of Virginia Beach,
Virginia, this 6th day of December 1982.
MES/re APPROVED AS TO CONTENTS
MES/re
6/2/82 SIGNATURE
6/9/82
6/1 0/8 2
6/11/82 DEPARTMENT
(A.1)
TO, FOR@,I
- 2 9 -
ITEM II-F.5 ITEM #19174
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to transfer appropriations within
the Department of Data Processing to convert certain equipment
from rent to purchase or lease/purchase and to acquire additional
equipment. (This item was deferred on November 8, 1982.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 30 -
AN ORDINANCE TO TRANSFER APPROPRIATIONS
WITHIN THE DEPARTMENT OF DATA PROCESSING
TO CONVERT CERTAIN EQUIPMENT FROM RENT TO
PURCHASE OR LEASE/PURCHASE AND TO ACQUIRE
ADDITIONAL EQUIPMENT
WHEREAS, the Department of Data Processing has recently
experienced substantial increases in rental costs on certain
equipment, and
WHEREAS, an analysis of converting this dquipment from rental
to lease/purchase and purchase indicates the conversion will reduce
the Department's FY 82-83 costs by $26,997 from rental of $125,217
to lease/purchase and purchase of $98,220, and
WHEREAS, the Department of Data Processing also desires to
utilize $16,997 of the cost savings to lease/purchase new equipment
to improve its operating ability, and
WHEREAS, the remaining $10,000 of savings can be transferred to
the General Fund Reserve for Contingencies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that appropriations of $115,217 be reallocated in
the Department of Data Processing to permit the purchase and lease/
purchase of data processing equipment and funds of $10,000 be
transferred to the General Fund Reserve for Contingencies.
BE IT FURTHER ORDAINED that the City Manager is hereby authorized
to enter into the necessary financial agreement with Southern National
Leasing Corporation to acquire this data processing equipment through
lease/purchase at an annual percentage rate of 10.5%.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of December -, 1982.
This ordinance shall be effective from the date of its
adoption.
- 3 0 -
ITEM II-F.6 ITEM #19175
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to transfer funds of $21,301 within
the Department of Public Works/Refuse Disposal Division towards
the lease/purchase of a hydraulic excavator.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
31 -
AN ORDINANCE TO TRANSFER FUNDS OF $21,301
WITHIN THE DEPARTMENT OF PUBLIC WORKS/
REFUSE DISPOSAL DIVISION TOWARDS THE LEASE/
PURCHASE OF AN HYDRAULIC EXCAVATOR
WHEREAS, the Department of Public Works, Refuse Disposal
Division, has at the Landfill a dragline crane which is inoperable, and
WHEREAS, the cost to repair the crane is significant and the
Department had planned to replace the equipment in the next budget
process, and
WHEREAS, the Department recommends replacing the equipment at
this time.with a hydraulic excavator which has superior operating
efficiency and lower maintenance cost, and
WHEREAS, the cost to lease/purchlase the excavator for the
remainder of this fiscal year totals $21,301, and
WHEREAS, the Refuse Disposal Division has available funds within
its operating budget which can be transferred for the lease/purchase
cost.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $21,301 be transferred within the
Department of Public Works, Refuse Disposal Division, towards the
lease/purchase of a hydiauli6lexcavatbr-.
BE IT FURTHER ORDAINED that the City Manager is hereby authorized
to enter into the necessary financial agreement with Southern National
Leasing to ac4uire the above equipment through lease/purchase at
an annual percentage rate of 10.5%.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of December 1982.
- 3 2 -
ITEM 11-F.7 ITEM #19176
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the Ordinance on FIRST READTNG to accept and
appropriate a Grant from the Federal Emergency Management Agency
totaling $9,810 and transfer local funds of $15,790 for the purpose
of establishing a Mobile Emergency Communications Center.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, IIT
3 3-
Requested by: office of Emergency Services
AN ORDINANCE TO ACCEPT AND APPROPRIATE
A GRANT FROM THE FEDEPAL EMERGENCY
MANAGEMENT AGENCY TOTALING $9,810 AND
TRANSFER LOCAL FUNDS OF $15,790 FOR
THE PURPOSE OF ESTABLISHING A MOBILE
EMERGENCY COMMUNICATIONS CENTER
WHEREAS, aMobile Emergency Communications Center will
provide city officials with an effective tool to monitor and
control resources engaged in major emergency or disaster
operations, and
WHEREAS, the City Garage has obtained a vehicle previously
used in the school system that can be renovated and equipped
to serve as the Mobile Emergency Conmunications Center At a
total cost of $25,600, and
WHEREAS, the Federal Emergency Management Agency (FEMA)
has agreed to provide $9,810 in matching funds to assist in
the modifications necessary to place the vehicle in service, and
WHERF,AS, additional local funding of $15,790 is needed to
complete modifications including the purchase and installation
of radios and associated equipment, and
WHEREAS, the Police and Fire departments have agreed.to
provide $5,000 each from available funds in their FY 83
operating budgets for the renovation and equipping of the
vehicle, and the r--aining balance needed of $5,790 is
available by transfer from the General Fund Reserve for
Contingencies.
NOW THEREFORE BE'IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the City Manager is hereby authorized
to accept the grant from FEMA and funds of $9,810 are hereby
appropriated to the Office of Emergency Services for a Mobile
Emergency Communications Center.
BE IT FURTHER ORDAINED that the appropriation be financed
by $9,810 estimated revenue from the Federal Gover=ent.
A-
34 -
BE IT FURTHER ORDAINED that the additional funding of
$15,790 needed to place the vehicle in ser-vice be transferred
to the Office of Emergency Services from available funds as
follows:
Police Department $ 5,000
Fire Department 5,000
General Fund Reserve for Contingencies 5,790
Total Transfer $15@790
This ordinance shall be effective from the date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on day of @1982.
FIRST READING: 6 December 1982
SECOND READING:
TO COt.T'@NT
s i C, A T
- 35 -
ITEM II-F.8 ITEM #19177
The following bids have been received for the City Gargage Expansion
Project, Phase II:
Shirley Construction Corporation $563,536.00
Beach Building Corporation $585,020.00
Seaboard Services, Inc. $587,349.00
G. L. Cline and Company $594,790.00
Whitfield Gee $608,425.00
SR International, Inc. $615,000.00
W. H. Belanga and Associates, Inc. $619,897.00
Joseph S. Terrell, Inc. $637,900.00
M. M. Rollins, Jr. $680,837.00
Meredith Construction Company $689,889.00
ARCHITECTURAL CONSTRUGTION ESTIMATE $803,773.00
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the low bid of Shirley Construction Corporation
in the amount of $563,536.00, for the City Garage Expansion Project,
Phase II and authorized the City Manager to enter into the necessary
agreements for the implementation of this contract.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., @layor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
11/24/82 EMC
ORM NO. C.A. 7
-3 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
Year of Tax Number tion No. Paid
Bernard Bressler 82 Pkng 30719 9/28/82 12.00
Wells Fargo Credit Corp 82 Pkng 72920 9/10/82 12.00
Frederick E Winfree 79 pp 100382 8/27/82 9.93
Cleveland St Auto & Truck 78 pp 111424 10/25/82 22.71
Lionel Neal 81 pp 87642 5/19/81 72.90
Paul V & Marion H Wyatt 82 RE(1/2) 86933-2 11/20/81 3.60
3. 60
Paul V & Marion H Wyatt 82 RE(2/2) 86933-2 11/20/81
North Bay Dev Corp 80 RE(1/2) 46819-7 11/29/79 187.33
North Bay Dev Corp 80 RE(2/2) 46819-7 5/23/80 187.33
North Bay Dev Corp 81 RE(1/2) 55754-4 11/12/80 169.61
North Bay Dev Corp 81 RE(2/2) 55754-4 6/5/81 169.61
Norfolk Dist Bd of Missions 82 RE(2/2) 86466-7 6/5/82 30.60
Norfolk Dist Bd of Missions 82 RE(2/2) 89826-6 6/5/82 147.12
Sandbridge Dev Corp 82 RE(1/2) 68983-9 10/23/81 182.27
Sandbridge Dev Corp 82 RE(2/2) 68983-9 5/21/82 182.27
Total 1,392.88
NOV 2,9 l@032
OF LA'tvf,',
This ordinance shall be effective from date of adoption.
The ab(ve aatement(s) totaling
$ 1 3 9 2 . 88 were approved by
the Council of the City of Virginia
Beach on the 6 day f December
'f rea's6rer
n
Ruth Hodges Smith
City Clerk
orney
fa
. I II @ I @ . . -
- @@4 1
'i I I I. I:
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ITEM IT-F.11 TTEM #19179
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the request of the Commissioner of the
Revenue for license refunds in the amount of $1,382.28.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henl6y, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
:AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
TIPON CERTIFICATION OF THE CO@IMISSIONER
OF THE REVENUE
BE.IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicatioris for license refunds, up(?n certific&tion
of the Commissioner of the Revenue are hereby approved:
.... .......... ..
LICENSE TE
NAME YEAR .... PAID BASE PTNALTY INT. TOTAL
Dingwall, Ron
1343 Little Neck Rd.@
.@6/17/82
Va. Beach, Vi. 2 3 4 52 1982 56.25
Left
135.97
@@P. -0 79-
Va.
-J. -B Inc.
P.@0. 1980-81 -Audit 1,173.22
Va.' B6ach,@Va. 2454
Stewart, Jack H.
2508 Indian Hill Rd. 1981 1981 16.84
Va. 23455
Va.:@Beach,
s to Payment-
NOV 22 1982
Commissio
DEPT- OF- LAW
Approved as to form:
The above abatement(s) totaling $ 1,-382.,28
-------- were approved by the
council of the City of Virginia Beach on the Sixth d ay of December
19 82'
R.th Fdgs Sm,-t
City Clerk
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ITEM TI-F.9 ITEM #19180
The following bids have been received for the Building Maintenance
Headquarters Expansion/Roof (CIP 3-925):
Pete Block Roofing $29,232.00
Stevens Roofing $61,710.00
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and REJECT ALL BIDS for the Building Maintenance Headquarters
Expansion/Roof and authorized the City Manager to READVERTISE.
Voting: 10-0
Council Members Voting Aye: (to reject all bids)
John A. Baum,* Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Meinbers Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
*COUNCILMAN BAUM VOICED A VERBAL "AYE"
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A P P 0 I N T M E N T S
ITEM II-G.1 ITEM #19181
Consideration of appointments to the INCINERATOR SITE DEVELOPMENT
COMMITTEE was RESCHEDULED to a future Council Meeting.
U N F I N I S H E D B U S I N E S S
ITEM 11-H.1 ITEM #19182
The City Clerk advised Council that Attorney F. Sullivan Callahan
telephoned and requested an additional deferral of one week
Upon motion by Councilman McCoy, seconded by Councilman Baum,
City Council voted to DEFER ONE WEEK (December 13, 1982) the
request of Creative Displays to appeal to City Council the
decision made by officials of the Department of Public Works
regarding a sign encroachment. (This matter was deferred on
November 1, 1982, for thirty (30) days.) (Earl Hanbury was
in agreement with the deferral.)
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
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ITEM II-H.2 TTEM #19183
Upon motion by Councilman Jennings, seconded by Councilman Heischober,
City Council voted to DEFER FOR THIRTY (30) DAYS the following
Ordinances to permit additional input from the Staff. (This matter
was deferred on November 15, 1982.)
Ordinance to amend and reordain Section 6-3
of the Code of the City of Virginia Beach
pertaining to playing ball, using frisbee,
etc., on beach
Ordinance to amend and reordain Section 6-6
of the Code of the City of Virginia Beacb
pertaining to taking food or drink on beach
or adjacent streets
Ordinance to amend and reordain Section 12-5
of the Code of the City of Virginia Beach
pertaining to fires on beaches
Ordinance to amend and reordain Article TII,
Section 36-57 of the Code of the City of
Virginia Beach by adding Subsection (3) there-
to pertaining to parking or stopping of
Charter Buses
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, TII
43 -
Requested by: Councilman Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-3 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
PLAYING BALL, USING FRISBEE, ETC.,
ON BEACH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 6-3 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
section 6-3. -Playing ball, using frisbee, etc., on beach.
It shall be unliwful for any person to engage in ball
playing or the use of a frisbee or any activity of like kind
which may endanger the,safety of others on the sand beach, the
boardwalk and the grassy area west of the boardwalk to the
property lines from Rudee Inlet on the south to 42nd Street on
the north or on the sand beach on the Chesapeake Bay lying
between Great Neck Road on the east and Kleen Street on the west
from 10:00 a.m. to 6:00 p.m. from may fifteenth to September
thirtieth,of each year.
Adopted by the Council of th6 City of Virginia Beach,
Virginia, on the day of 198@.
9/30/82
(D)
AS T4D C--',I-, 3
SIGNATURE
EPART@AENT
DEFERRED THIRTY DAYS: Decembor 6, 1982
Requested by: Cobncilman Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-6 OF THE CODE OF THE CITY
OF VIRGINIA BEACH @ERTAINING TO
TAKING FOOD OR DRINK ON BEACH OR
ADJACENT STREETS
BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 6-6 of the Code of the City of Virginia
ach is hereby amended and reordained to read as follows:
Be
Section 6-6. Taking food or drink on'beach o@ adjacent streets.
hall' be @unlawful for any person to take or carry
e'br right-of-way
upon the sand beaches or.upon any public stre t
adjacent to any of the sand beaches within the,Borough of
Virginia Beach, o@ upon the beach adi6een@-te-the-Lynnhaven
on the Chesapeake Bay lying between Great Neck Road
on the east and Kleen Street on the west, or the beach at Little
Island Park--Sandbridge, any glass, bottle, can, cup, paper baa,
per box, wooden box, basket, styrof8am container or container
pa
of any kind containing alcohol, beverages, soft drinks, food,
nourishment or refreshments of any kind.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1982.
9/30/82
(D) DEFERRED THIRTY DAYS: December 6, 1982
PROVE'D
AP
s
Requested by: Co uncilman 7ennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 12-5 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO FIRES
ON BEACHES
BE IT 6RDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 12-5 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
ches.
Section 12.5. @Fires on bea
It shall be unlawful and a Class 1 misdemeanor for any
person to set fire to or to procure another to set fire to any
grass, debris or other flammable
wood, brush, logs, leaves,
material at any time on the sand beach of the Atlantic Ocean in
the Borough of:Virginia Beach or on the sand beach on the
Chesapeake Ba lying between Great Neck Road on the east and
n the west or between the hours of 11:00 p.m. and
Kleen Street o
9:00 a.m. on a@y day on the sand beaches of the Atlantic Ocean
and Chesapeake@Bay in the Boroughs of Bayside, Lynnh6ven,
Princess Anne and that portion of the Borough of Pungo extending
north from the'southern boundary of the city park at Little
island in the @ity.
Adopted by the Council of the City of Virginia Beach,
V4 rginia, on the day of 1982.
9/30/82
(D)
DEFERRED THIRTY DAYS: December 982
REQUESTED BY COUNCILME.MBER. JACK H. JENNINGS
AN ORDINANCE TO'AMEND AND REORDAIN
ARTICLE III, SECTION 36-57 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
BY ADDING SUBSECTION (3) THERETO
PERTAINING TO PARKING OR STOPPING
OF CHARTER BUSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 36-57 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 36-57. Parking or stopping of charter buses.
4
The parking of an@ !charter bus or stopping of any
charter bus for the purpose ot picki@g up or discharging
passengers shall be prohibited from May first to October first of
every calendar year on al.1 municipal parking lots and all public
i streets in the following areas:
.(l) The Virginia Beach Borough.
(2) An area in the Lynnhaven Borough bounded on
the south by the northern boundary of the
Virginia Beach Borough, on the west by the
Linkhorn Bay and Seashore State Park, on the
north by 89th Street, and on the east 6y the
Atlantic Ocean; including but not limited to
those communities denoted as the North
Virginia Beach, Princess'Anne Hills,,Bay
Colony and Cavalier Park.
(3) An area in the Lynnhaven Borough bounded
on
the south by Long Creek, on the west by the
Lynnhaven Inlet, on the north by the
Chesapeake Bay and on the east by Seashore
State Park.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of i T
A
Virginia, on the _ day of 1982.
SIGNATURE
MES/re
8/1 0/8 2
8/16/82 DEPARTMc@.\IT
,(D) DEFERRED THIRTY DAYS: December 6, 1982
A@PRCVrD AS TO,-C
t,
- 4 7 -
TTEM IT-H.3 ITEM #19184
Councilwoman McClanan made a motion, seconded by Councilman McCoy,
to APPROVE the application of McDonald's Franchise at 28th Street
and Atlantic for a proposed addition to a nonconforming structure.
(This matter was deferred on November 22, 1982.)
Councilwoman McClanan and Councilman McCoy withdrew their motion
and second, respectively.
Upon motion by Councilwoman Creech, seconded by Councilman Heischober,
City Council voted to DEFER FOR SIXTY (60) DAYS to permit the Staff to
study the proposed request of McDonald's Franchise at 28th Street and
Atlantic Avenue for an addition to a nonconforming structure (an open
canopy over an existing outside patio eating area).
Voting: 10 - 0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 4 8 -
ITEM II-H.4 ITEM #19185
Leonard Hodges appeared in behalf of his application
Upon motion by Councilman Heischober, seconded by Councilman McCoy,
City Council voted t. DEFER ONE WEEK (December 13, 1982) the request
of Leonard L. Hodges for removal of a condition on a variance
approved by City Council on February 8, 1982.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
-4 9 -
N E W B U S I N E S S
ITEM II-I.1 ITEM #19186
TJpon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley,
City Council voted to ADOPT the Resolution requesting the Federal
Government to delay for a period of not less than one year the
effective date of the tax exempt bond registration requirements of
the Tax Equity and Fiscal Responsibility Act, effective January 1,
1983. (This was requested by Councilwoman Oberndorf.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
REQUESTED BY: COUNCILWOMAN MEYERA OBERNDORF
R E S 0 L U T I 0 N
WHEREAS, the Congress of the United States enacted the "Tax Equity
and Fiscal Responsibility Act of 1982" which was signed into law on September 3,
1982, and becomes effective January 1, 1983, and
WHEREAS, this Act amends the Internal Revenue Code to impose many
substantive and procedural requirements which together dramatically impact the
tax-exempt securities market, and
WHEREAS, one of the provisions will requir6 the issuance of tax-exempt
securities generally to be in registered form to qualify for the interest
exemption on federal taxes, and
WHEREAS, the issuance of these instruments in registered form is
contrary to the long-established market practice in which most tax-exempt securities
have been issued in negotiable (bearer) form with coupons attached, and
WHEREAS, the City of Virginia Beach is an issuer of municipal bonds
and will, therefore, be subject to the registration requirement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that this resolution serve as a petition to the Congress of
the United States to delay the implementation of the registration requirement on the
issuance of tax-exempt bonds for a period of not less than one year to allow
adequate time for necessary changes in state and city laws and marketing procedures
to accommodate the registration requirement.
BE IT FURTHER RESOLVED THAT copies of,this resolution shall be forwarded
to the appropriate Congressmen and Senators.
- 5 1 -
ITEM II-I.2 ITEM #19187
Upon motion by Councilwoman Creech, seconded by Councilman McCoy,
City Council voted to EXPEDITE the application of Faith Fellowship
Church to be heard by the Planning Commission on January 11, 1983,
and by City Council on January 17, 1983.
Voting: 10-0
Council Members Voting Aye: (to expedite)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitcbin, III
- 5 3 -
ITEM II-I.3 ITEM #19188
Councilwoman McClanan requested Mr. Tony R. Gaish, resident
of 981 Wi.ldflower Court, bc pormitted to spezil@ before Council
concerning a draiiige ditcli I)elij.ii(I Iiis IAOLISC-@ Ind I(IjacL@nt Lo
lioLland Eleinentary School. Mr. Caisli would like tlie ditch
piped and filled.
By consensus of Cotincil, Mr. C@tish will speak beforc@ CoL]ncil
Jai)uary 3, 1983.
A 1) J 0 U R N M E N T
ITEM II-J-1 ITEM #19189
Upon molion by Counciliii,,in lieiscliobl@r, City Cotincil adjourned at
3:27 p.m.
Diane M. Ilickman, Deputy City Clerk
City dlerk itli, CMC Mayor Loui R. Jorlc!s
City of Virgi.nil ]@eacti,
Virginia
6 Deceniber 1982
dmh/asd