HomeMy WebLinkAboutNOVEMBER 23, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY'
CITY COUNCIL
MAYOR 1. HENRY Mc-COY JR.. D.D.S., X..p-ill. B.-gh
VICE-MAYOR HAROLD HEISCHOBER. A, L.,S.
JOHN A. BAUM, Bi-k-,,, B.@.sk
E. T. BVCHANAN, Ly..b.-- B-Sh
F. REID ERVIN. A, L.,,.
BARBARA M. HENLEY, P-g. B.@.gb
CLARENCE A. HOLLAND, M.D., B.y,id, B.-Sh
%'. H. KITCHIN, lit, Vigi.i. B-@h B...gb
REBA S. McCLANAN, P,i.c.,@ A... B.,-gb
MEYERA E. OBERNDORF, A, L.,g, 212 CrrY HALL BUILDING
PATRICK L. STANDING, Al L.,g, AIUNICIPAL CENTER
VIRGINIA BEACii. VIRGINIA 23456
P,VTH HODGES SMITH, Ci'Y Cl-lk f8O4) 427-4303
CITY COUNCIL AGENDA
November 23, 1981
ITEM I INFORMAL SESSION: 5:30 p.m-
A. CALL TO ORDER Mayor J. Henry McCoy, Jr., D.D.S-
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORKAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
3. 1982 Legislative Package: Discussion.
4. Ordinances Pertaining to Outdoor Eating Establishments: Discussion
5. Request of Crow, Terwilliger and Michaux, Inc., for Tax Exempt
Fu-nds from the Fairfax Redevelopment and Housing Authority: Dis-
cussion.
6. Malbon Brothers Farms: Discussion of request for rezonings.
ITEM 11 FORMAL SESSION: 7:00 p.m.
A. INVOCATION: Major Judson P. Nelson, U.S.A-
Chaplain - Fort Story
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
ITEM 11 D. MINUTES OF PREVIOUS MEETING:
1. motion to accept/approve the Minutes of November 9, 1981, deferred
from November 16, 1981 for one week.
2. Motion to accept/approve the Minutes of November 16, 1981.
E. RECOGNITION
1. Delegation - White House Conference for Aging
F. PUBLIC HEARING
1. Article 1, Section 111 of the Comprehensive Zoning ordinance per-
taining to the definition of accessory use.
2. Article 2, Section 212(j) of the Comprehensive zoning Ordinance
pertaining to prohibited signs
3. Article 7, Section 711(b) of the Comprehensive Zoning Ordinance
pertaining to accessory uses in the H-2 Resort Hotel District.
G. RESOLUTIONS
1. Appreciation
a. Beulah Humphries
2. General
a. Resolution authorizing issuance and sale of $17,500,000 of
Public Improvement Bonds, Series 1980 heretofore authorized.
b. Resolution authorizing issuance and sale of $18,300,000 of
Public Improvement Bonds, Series 1981 heretofore authorized.
c. Resolution authorizing issuance and sale of $13,200,000 of
Road Bonds heretofore authorized.
d. Resolution authorizing issuance and sale of $16,000,000 of
Water and Sewer Bonds heretofore authorized.
e. Ordinance amendment entitled, "Ordinance Authorizing issuance
of Water and Sewer Bonds, Virginia Beach, Virginia, in the
maximum amount of $46,000,000 subject to the approval of
qualified voters."
f. Resolution authorizing the City Clerk to advertise for a
public hearing and requesting a determination by the Fairfax
County Redevelopment and Housing Authority as to whether they
will assist in the financing of the project proposed by Crow,
Terwilliger and Michaux, Inc.
g. Redolution approving the 1982 Legislative Package.
ITIEM ii H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the 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. Request of the City Treasurer for tax refunds in the amount of
$344.64.
2. Ordinance, on SECOND READING, to accept a cjrant from the
Division of Justice and Crime Prevention totaling $40,000 and
to appropriate these funds and matching funds of $15,865.
I. PLANNING ITEMS
1. DEFERRED ITEMS
a. Application of w @d
!L
for a conditional use permit for e on a four-
acre parcel located on the west side of Air Rail Avenue, at
the intersection of Sand Pit Road (Bayside Borough). This
matter was deferred for two weeks on November 9, 1981.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for o al.
2. NEW ITEMS
a. Application of b for the following changes
of zoning on parcels totalling 366.1-acres, located along the
north and south sides of Old Dam Neck Road, one mile east of
Oceana Boulevard (Princess Anne Borough).
1. = Residential District to "- Residential District on
a 9.34-acre parcel.
2. B"- Agricultural District to R-5 Residential District on
a 50.4-acre parcel.
3. L"- Agricultural District to Residential District on
a 201.2-acre parcel.
4. @- Agricultural District to Residential District on
two parcels totalling 43.6-acres.
5. @-1 Agricultural District to = Residential District on
two parcels totalling 64.4-acres.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for
I
ITEM 11 1. PLANNING ITEMS (continued)
2. NEW ITEMS (continued)
b. Application of Bra
zier, @., and Paula L.. Brazier for a
change of zoning from -" Acrricultural District to @
on a 1.48-acre parcel located on
the south side of Princess Anne Road, west of Glebe Road
(Princess Anne Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
c. Application of o for a conditional use
permit for the 2.L an @e on a 62.356-
acre parcel located along the south side of Sandbridge Road,
east of Colechester Road (Princess Anne Borough).
1. Latter from the City Manager transmits the recommendation
of the Planning Connission for approval.
d. Application of Alonzo 2& Twiford for a to Section
4.4(a) and (b) of the Subdivision Ordinance for a site located
on the west side of Princess Anne Road, south of Stowe Road
('Pungo Borough). This section requires that lot size, width,
depth, shape and orientation, and minimum building setback
lines shall be appropriate for tbe location of the subdivision
and type of use contemplated and that lot dimensions shall con-
form to the Comprehensive Zoning Ordinance. The applicant
wishes to subdivide 2.02-acres into two equal parcels.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
a. Letter from the City Manager transmits the recommendation of
the Planning Commission for approval of the following Ordi-
nances:
1. Ordinance to amend and reordain Section 212 of the Compre-
hensive Zoning Ordinance of the City of Virginia Beach per-
taining to prohibited signs.
2. Ordinance to amend and reordain Section 711 of the Compre-
hensive Zoning Ordinance of the City of Virginia Beach per-
taining to accessory uses in structures in the H-2 Resort
Hotel District.
3. Ordinance to amend and reordain the definition "Accessory
Use" in Section 111 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach pertaining to definitions.
ITEM 11 J. ORDINANCES
1. City Code Amendments
a. Ordinance to amend and reordain Section 21-396(a) of the City
Code of the City of Virginia Beach pertaining to the deposit
of coins in parking meters.
City Manager recommends approval.
2. First Readings
a. Ordinance, on FIRST READING, to accept funds in the amount of
$34,372.00 from the Southeastern Virginia Areawide model Pro-
gram (SEVAMP) and to appropriate $18,625.00 to various depart-
ments.
3. Bids
a. Low bid of Design 3 Corporation, in the amount of $39,988,
for the Senior Citizen Center - Pango (4-909); and, authorize
the City Manager to enter into the necessary acjreements for
the implementation of this project.
City Manager recommends approval
K. UNFINISHED BUSINESS
1. Council's Advisory Referendum Question
2. Poseida Institute Incorporated
L. NEW BUSINESS
1. Area residents of Old Lagoon at Rosemont Road.
M. ADJOURNMENT
1. Motion to adjourn
sb
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2.3 November 1 981
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S.,
in the Conference Room, City Hall Building, on Monday, 23 November
1981 at Five-Thirty in the evening.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Absent:
None
ITEM #17430
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of public
officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of
the onditio @acquisition or use of real property for
public purpose, or of the disposition of publicly held
property, or of plans for the future of an institution
which could affect the value of property owned or desirable
for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public funds where
com etition r@bargaining is involved, where if made public
initially the financial interest of the governmental unit would
be adversely affected.
4. LEGAL MATTLRS: Consultation with legal Counsel or briefings
by itaf-f 6embe-rs, consultants or attorneys, pertaining to actual
or potential litigation, or other legal rotters within the
jurisdiction of the public body.
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Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: I I - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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I N F 0 R M A L S E S S I 0 N
POSEIDIA INSTITUTE ITEM #17431
The City Manager advised that the appl ication of Poseidia Institute
for a Raffle Permit was erroneously placed on the Council Ag6nda
for 23 November 1981.
The action taken by Council on October 19, 1981, whereby Council would
continue the deferment of the application of Poseidia Institute until
the opinions of the Attorney General and the Internal Revenue Service
are received.shall remain in effect.
CITY HALL DIGEST ITEM #17432
Munic a overnment Newsletter
The City Manager advised that the City's 1981 Speaker '@s Bureau List
has received an Award of Merit from the City Hall Public Information
Awards Competition. The award will be presented in.Detroit, Michigan,
with the National League of Cities Conference.
If any memb6r of Council wishes to attend, the Conf6rence will be held
the first week in December, 1981.
LEGISLATIVE PACKAGE ITEM #17433
The City Manager advised the Legislative Package has been placed on
the Agenda for extensive discussion by Council, and advised further
the City would like to meet with our Legislators on December 7, 1981.
The City Manager requested the City Council to@,adopt the Legislative
Package to inform the Legislators that this is the official position
of City Council.
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C I T Y 0 F V I R G I N I A B E A C H
1 9 8 2
L E G I S L A T I V E P R 0 P 0 S A L S
Presented For Consideration By
The 1982 Virginia General Assembly
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I N D E X
1982 LEGISLATIVE PROPOSALS
Item Number Title
Top Priorities
1 Inter-Basin Transfer of Surface
Water and Utilization of Ground
Water
2. Funding for Education
3. Increased Highway Construction
Funding
4. Expanded Sources of Local Revenue
5. Construction of Virginia Museum
of Marine Sciences
Secondary Priorities
6. Proration of Personal Property
Tax
7. Increased Appropriation for
Pendleton Child Service Center
8. Disability from Respiratory
Disease, Hypertension, and
Heart Disease
9. Credit of All VSRS Contributions
to Employee's Account
10. City Council Reimbursement for
Personal Expenses While on
Official Business
ii. Arrest on Past Misdemeanort
Upon Probable Cause and
Reasonable Complaint
12. Elected School Board with Power
of Taxation
13. Notification of Informal Meetings
of Local Governing Bodies
1 4. Limitation on Claims of Assets of
Dissolved Corporations
15. Title Examination for Escheated
Property
1 6. Modification of Sen'ate District
Boundary
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1 Inter-Basin Transfer of Surface Water and Utilization of Ground Water
Comment:
Southeastern Virginia has only recently survived the most severe water
shortage in its history. As a result of contractual agreements reached between
the various jurisdictions involving improvements to existing surface water
facilities and utilization of new ground water sources, a short-term supply
was assured and lengthy litigation concluded. However, nothing in the agreements
reached between the various parties provided a long-term solution to the vater
supply needs of Virginia Beach and Southeastern Virginia.
The State Water Study Commission is currently considering a number of
alternatives involving both surface and ground vater supply and allocation.
They include several proposals for an Inter-Basin Transfer Act which address
the various requirenents of both the supplier and consumer jurisdictions. In
addition, a number of anendments to the Ground Water Act are being proposed by
the State Water Control Board. In essence, these amendments would provide for
State regulations of all large wells being constructed and/or pumped in certain
designated regions, including Tidewater Virginia.
Because of the extreme importance of water to the health, safety, and
welfare of the citizens of the G4ty-ef-V4i-94R4&-Beaeh Southeastern Virginia,
it is important that all proposals dealing with surface and ground water be
evaluated close 'y to ensure that the best interests of the City of Virginia
Beach and So ut hea,tern Virginia are being protected.
Recommendation :
The General Assembly should enact legislation allowing for the inter-
basin transfer of surface vater which adequately protects the health and
economic interests of the City of Virginia Beach and Southeastern Vir
i?gil,il, The
General Assembly should also grandfather the rights of the City of V Beach
obtained under its contractual agreements with Suffolk, Isle of Wight, and
Southampton Counties in any legislation controlling the utilization of ground
water.
7-
2. Funding of Education
Coment:
The Constitution of Virginia states: "The General Assembly shall provide
for a system of free public elementary and secondary schools for all children of
school age throughout the Coffnonwealth and shall seek to ensure that an educational
program of high quality is established and continually maintained." To meet this
requirement, the Legislature has established the Standards of Quality which mandates
the existence of educational programs throughout the State. Because the General
Assembly is responsible for providing a system of free public education, it should
also support financially those aspects of the educational program which it mandates
by law. These mandates should be funded on the basis of realistic average costs and
the State should bear a fair share of the cost. It is the responsibility of the
State to fund, on a State-wide basis, the Basic Education Program to a student in
the Commonwealth.
Foremost consideration should be given to realistic funding of the Standards
of Quality basic aid formula. The State Board of Education has requested that the
per pupil expenditure required by the Standards of Quality for FY 1982-84 be set
at $1,638 for the first year of the biennium and at $1,801 for the second year. The
required SOQ expenditure per pupil, as presently established for 1981-82 is $1,185
The additional State aid would provide for the first time, realistic funding for the
per pupil cost of public education. The Virginia Beach School Board strongly supports
this request. The State Board, in addition, has requested additional state funds in
such areas as gifted and talented, vocational education, special education, and full
funding of kingergarten.
Recomtmndati6n :
The General Assembly should raise the per pupil allocation for 1982-83 to
$1,638 and for 1983-84 to $1,801, which is recommended by the State Board of
Education and reflects the actual cost of the Standards of Quality. In addition,
the General Assembly should fund programs for the gifted and talented, vocational
education, special education, and kingergarten; and, the funding of half-day
kindergarten should be on the same basis as full-day kindergarten.
8-
3. Increased Highway Construction Funding
Comment: -
Virginia Beach had a 1980 population of 262,199, which represents a
52.3% increase over the 1970 population. We also have over 2.5 million
overnight tourists each year. These two factors create a need for continual
upgrading and improvement of City highways. Through the next four years, we
have identified the need for 28 highway improvement projects at a total cost
of approxirotely $148,368,829. We have also identified the need for 17 other
projects beyond our current four year plan at a total cost of approximately
$34,350,000. To date, the Virginia Department of Highways and Transportation
has agreed to construct six of the highways in the current four year plan as
state projects at a total cost of approximately $83,362,966. However, with
the decrease in State gasoline tax revenues, the Highway Department has
advised Virginia Beach that all projects currently approved for funding have
been delayed indefinitely. The Highway Department does not know when, if at all,
these projects will be funded. The Highway Department has also notified all
localities that they are no longer accepting any requests for new highway
projects funded by the State. They have adopted this policy because of the
decrease in gasoline tax revenues and the increased cost of highway construction.
It is clear that the citizens of Virginia Beach cannot totally fund all of their
highway needs with the means currently available to them. The Department of
Highways and Transportation must be given the funds to continue its program of
highway construction throughout the State and must distribute these funds to
areas which demonstrate the greatest need. If the General Assembly cannot
increase highway revenues through changes in the State gasoline tax, then it
should give localities the option of imposing their own local gasoline tax.
Recommendation:
(1) The General Assembly should convert the State gasoline tax to a
percentage of the wholesale price instead of a fixed amount per gallon, and
amend Section 33.1-23.1 of the Code of Virginia to substitute a new system
for allocating construction funds to localities based upon need; ei-
424--the-GeRepal-Assembly-shou;d-94ye-;eea;4t4es-the-auther4ty-te
eR&et-a-leea;-ept4en-sa@es-tax-eR-the-pet&41-pp4ee-ef-gasel4ne.
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4. Ekpanded Sources of Local Revenue
Comment:
Equity and fairness in municipal tax levies is dependent upon the variety
of revenue sources available to a City. The 'more the alternatives, the more
equal th6 tax categories; the fewer the tax sources, the more one segrnent of the
community must bear the tax burden. Virginia Beach is an excellent example of
this'latter situation: few revenue sources, certain unequal tax categories.
For yea(rs, the City Council has attempted to alleviate this situation by
petitioning the General Assembly for more flexibility in raising local revenues.
Three main sources of State and local revenues exist: the income tax, the
sales tax, and the real estate tax. Of these three, the General Assembly has
reserved the income tax for State government and restricted the sales tax so that
only one percent tax can be imposed by local governments. The real estate tax is
left as the major source of local revenues and is joined by other categorical
taxes on specific types of activities.
In balancing their FY 1981-82 operating budget, even after reducing services,
the Virginia Beach City Council had to spread its tax increases amoung five separate
tax sources in order to avoid major impact on any one class of activity. With
greater sources of local revenue, this would not have been the case. For instances,
if the City had the ability to tax retail sales at two percent, this would have
eliminated the need to increase any of the five cafeg-orical taxes and would have
allowed for a futther five cent decrease in the real estate tax rate. Had-the
GeRepal-AsseiRl4y-a;lewed-a-leea;-suptax-eR-the-State-4Reeme-tax-as-4s-deRe-4m-teR
other-StatesT evep-a-tweRty-pereeRt-surtax-weuTd-have-offset-all-of-the-reveAue
@eRepated-by-the-f4ye-tax-4Repeases-appreyed-by-the-G4ty-Geume4l@--The-patterA
@s-elear-4Fi-V4pg4n4a-that-even-;eea;4t4es-wh4eh-eRee-prespered-FRust-Row-faGe-eYeF
4nereas4Rg-eests-aRd-demaRds-w4th-the-same-peveRwe-seurees.
Recomendation:
The General Assembly should amend Section 58-441.49(b) of the Code of
Virginia to allow localities to levy a general retail sales tax at the rate of
two percent to provide revenue for the general fund or-the-GeRepal-AsseFRb4y
sheti;d-enaet-mew-@eg4s;at4en-wk4eh-weu;d-prev4de-fer-a-leeal-ept4eR-suptax-GA
the-State-4neeFRe-tax.
-10-
5. Construction of Virginia Museum of Marine Sciences
Comment:
The Virginia Museum of Marine Scienses is a project jointly funded by
the City of Virginia Beach and the Commonwealth of Virginia that is proposed
for the purpose of increasing public awareness of the nature and economic
importance of Virginia's marine environment. It is also intended to serve
as an educational and research resource for Virginia school systems,
universities, and various state agencies.
The Museun will contain more than 100 exhibits. Fialf of the exhibits
floor space will feature live marine anirmls indigenous to Virginia's coastal
waters and housed in approximately 100,000 gallons of aquarium tanks. The
other exhibit areas will deal with key scientific principles which control our
marine environment. All exhibits have been designed by a professional exhibit
design firm in consultation with the Museum staff and with input from VIMS, ODU,
and state environmental agencies.
Requested in part as a response to earlier state legislation which proposed
establishing a system of science museuns throughout Virginia, the City of Virginia
Beach received $50,000 in 1978 and $250,000 in 1980 from the General Assembly for
this project. These funds have been matched by the City and are being spent on
the planning and design of the facility.
The total cost of constructing the building and its exhibits will be
$5.5-6.0-Million. The City 4s-w4;;4mg intends, to appropriate local funds
to pay $3.5-Million of these costs conditiona to receiving $1.5-Million
from the General Assembly. The remaining $1.0-Million will be sought from
other sources. Virginia Beach qualifies for no federal funds which could
be used for construction of the Museum.
All contract drawings and other architectural work prerequisite to
the construction of the building are complete. Assuming that funding will
allow construction to begin in April, 1982, as planned, the Museum will open
in October, 1983.
Recommendation:
It is requested that the General Assembly appropriate $1.5-Million to be
used as the Commonwealth of Virginia's share of the construction costs of the
Virginia Museum of Marine Sciences.
6. Proration of Personal Property Tax
Coment:
The Code of Virginia allows localities to impose a personal property
tax on motor vehicles, trailers, and boats which are in the locality on the
talx day of each year. However, personal property which comes into the
locality after the tax day is not subject to taxation for that tax year.
During its 1980 session, the General Assembly enacted Section 15.1-686.4 of
the Code of Virginia allowing any County, operating under the County-Manager
Plan, to provide for the levy and collection of personal property taxes on a
monty-by-month proration basis for all property whenever it comes into the
County. Also, the City of Alexandria, because of a Charter provision, has had
a prorated personal property tax system since 1971. Alexandria is collecting
an estimated $1-Million annually in additional personal property taxes because
of the prorated system. If Virginia Beach adopted a prorated personal property
tax system, it would increase tax revenues by approximately $500,000 annually.
The General Assembly has allowed certain Cities and Counties in Virginia to
prorate their personal property tax collections because of the local need for
increased revenue. This option should be given to all localities in Virginia.
Recommendation:
The General Assembly should amend Title 15.1 of the Code of Virginia to
allow all Cities to provide for the levy and collection of personal property
taxes on motor vehicles, trailers and boats on a prorated monthly basis whenever
they come into the City.
I 1./ 23/ 8.1:.
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7. Increased Appropriation for Pendleton Child Service Center
Comnvnt:
The@Pendleton Child Service Center is a pre-delinquent program for children
five to twelve years old which serves the Cities of Virginia Beach and Chesapeake.
The children being treated are those who have been identified as exhibiting behavior
which, if not corrected, will probably lead to delinquent behavior later in life.
During the last biennium, Pendleton Child Service Center has provided
treatment services to the following: 726 children who rermined in their home
and in the public school system while staff worked with the parents and teachers
to restructure the child's environment so that it reinforced his appropriate
behavior and discouraged his inappropriate behavior (out-client services); 105
children temporarily placed in the residential program where Center staff could
control behaviors by providing a structure of consistent responses to behaviors
in order to assist the child to learn environmental expectations and to assume
responsibility for appropriate behavior (residential services); and, 132 children
who were in the structured environment of residential services for a portion of
the day while still living at home (day services).
Pendleton Child Service Center accepts referrals from any source. Of
those children currently receiving services, 92% of the referrals were received
from the public school systems of Virginia Beach and Chesapeake; 3.5% were
generated by the two Cities' Social Services Bureaus; Juvenile Courts of the
two Cities generated 2.5%; and, the Mental Health Centers referred 2% of the
caseload.
The Program is niade possible as a result of a joint effort between the
Comrmnwealth of Virginia, which deploys its Human Services Comissioners to
serve on the Management Board of the Pendleton Child Service Center, and the
Cities of Virginia Beach and Chesapeake. At the present time, the Program
is funded by the City of Virginia Beach, the City of Chesapeake, Department
of Corrections, Comprehensive Mental Health and Mental Retardation, and the
General Assembly. Title XX funds ($48,249) were terminated after fiscal
year 1981 due to the reduction in Federal funds available to the State.
This necessitated a reduction of three personnel.
Recommendation:
The General Assembly should increase its appropriation to the Pendleton
Child Service Center from $100,000 per year to $130,000 per year.
1 3-
8. Disability from Respiratory Disease, Hypertension, and Heart Disease
Comment:
Section 65.1-47.1 of the Code of Virginia says in part that the death
of or any condition or impairnent of health of firefighters caused by
respiratory disease and of any firefighters, policermn, sheriffs, and
City Sergeants caused by hypertension or heart disease shall be presumed
to be an occupational disease suffered in the line of duty subject to certain
limitations. Employees or their beneficiaries who fall in this category may
make claims for benefits under the Worksmen's Compensation Act. The death
or impairment of health does not have to take place on the job, but is presumed
to be job related.
Since the enactment of this legislation, there have been four police
officers and one firefighter, employed by the City of Virginia Beach, to file
disability claims under this Section. Two of the claims were definitely job
related, however, three police officers' claims were questionable. Under
Section 65.1-47.1, the Courts have held the presumption of heart disease and
hypertension for police officers to be almost irrefutable. Therefore, in
three cases, the City of Virginia Beach incurred an expense of $217,723 in
disability claims which were not clearly job related.
During the 1981 session of the General Assembly, H.B. 1471, introduced
by Delegate William Wilson would have allowed the State Industrial Commission
greater leeway to determine, for police officers only, that a preponderance
of evidence did exist that such disability was not job related. However, this
Bill was killed in the House Committee on Labor and Commerce.
Recommendation:
The General Assembly should amend Section 65.1-47.1 of the Code of Virginia
to state that heart and lung disabilities for firefighters and police officers
which are presumed to be job related, may be refuted when competent evidence
indicates such impairment did not arise out of the line of duty.
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9. Credit of All VSRS Contributions to Employee's Account
Coment:
During the 1980 Session, the General Assembly adopted House Bill 9,
which placed a cap on retirement benefits for individuals entering the
Virginia Supplemental Retirement System (VSRS) , after March 31 , 1 980. The
Attorney General has ruled that under House Bill 9, if employees choose to
pay their employee's share of contributions to VSRS, these payments can only
be credited to the employee's account for those employees hired on or after
April 1, 1980. Paywents made on behalf of employees hired prior to that date
must be credited to the employer's account. This places localities currently
paying the employee's share in an untenable position, and has caused morale
problems among employees of the City of Virginia Beach.
Recommendation:
The General Assembly should amend Section 51-111.46 of the Code of Virginia
to allow employee contributions paid to VSRS by the employer to be credited to
employee accounts for all employees in the System.
1 5-
10. City Council Reimbursement for Personal Expenses While on Official Business
Comment:
During its 1981 Session, the Virginia General Assembly adopted Section
14.1-47.2 of the Code of Virginia, establishing maximln salaries for Mayors
and City Council Members, depending upon the population of each City. However,
this Statute also included a requirement that no member of City Council shall
be reimbursed for any personal expenses incurred by him for official business
within the boundaries of his City. This was done as an apparent reaction to
alleged misuse of travel expenses by members of the Richmond City Council. It
is clearly an over reaction by the General Assembly and an unnecessary restriction
on City Councils. City Council Members should be treated just like all State
and Local government employees as well as members of the General Assembly who
are eligible for and receive reimbursement for expenses while on official
business.
Recommendation:
The General Assembly should amend Section 14.1-47.2 of the Code of
Virginia to allow Members of City Councils to be reimbursed for any reasenab;e
actual personal expenses incurred by them while on official business.
-1 6-
11. Arrest on Past Misdemeanors Upon Probable Cause and Reasonable Complaint
Comment- ,
Section 19.2-81 of the Code of Virginia specifies that various State
and Local police forces may arrest persons without a warrant for any crimes
committed in their presence and for felony offenses not committed in their
presence. However, the only misdemeanor not committed in their presence
for which they can arrest involves shoplifting. In 1966, the American Law
Institute recommended that a power of arrest be authorized without warrant
for misdemeanors not committed in the officer's presence in case of necessity.
Several states have since passed legislation abolishing the distinction
between felonies and misdemeanors. Illinois, for example, provides that a
peace officer may arrest a person when he has reasonable grounds to believe
that the person is committing or has committed an offense.
In the case of certain misdemeanor offenses like Destruction__ o ert
or assault and battery, many citizens are reluctant to swear out a warrant against
an Tnd-ividual they know committed the crime for fear of reprisals. However, they
would gladly testify against the offender if subpeoned by an arresting officer.
Also, multiple offenses which show a pattern can readily lead to an offender.
However, without an eye witness, the offender cannot be arrested by an officer.
Petit Larceny is another major misdemeanor which, in many cases, goes unresolved
because of the inability of an officer to arrest the offender. Specific problems
in Virginia Beach occur when people fail to pay a hotel or restaurant bill and,
most recently with the gasoline shortage, fail to pay for gasoline at a self-service
pLrnp.
During the past two sessions of the General Assembly, Bills were
introduced which would have allowed police officers to make arrests for assault
and battery, larceny, and destruction of property charges, not committed in
their presence, but based upon probable cause and reasonable complaint. These
Bills passed the Senate each time, but were killed in the House Courts of
Justice Committee.
Recomendation:
The General Assembly should amend Section 19.2-81 of the Code of Virginia
by adding on line 24 after 18.2-103 the words "assault and battery, larceny and
destruction of property."
1 7-
12. Elected School Board with Power of Taxation
ConTnent:
Cities of Virginia generally have their own individual school districts.
These school districts are run by School Boards, whose members are appointed by
the City Council. Generally, the school operating budget is the largest single
expenditure any City Council must fund. In Virginia Beach, the school budget
is approximately 42% of the City's entire operating budget, and the City Council
must fund approximately half of it or $50-Million through local tax reveunes.
Beeause-of-eeRf;4ets-betweeR-Sehee;-Seapd-budget-peguests-aRd-the-94ty-Geune4;is
&6414ty-te-fuRd-these-requests-through-;eea;-Pe,veRuesT-the-G4ty-GeuRe4;-46
oeea s4ena;ly- p4etuped-a s-the - L'y4 T; 4an--when-budge t-e uts -FRust-be-FRade, 64Ree--
gehee;-Beai-ds-de-net-have-the-pewer-te-pa4se-taxesT-they-are-4n-the-uRusua;
pes4t4en-ef-sett4Rg-pe;4ey-fer-budget-expeRd4tures-w4theut-hav4RS-te-pa4se-the
re1/2feRues-te-pay-fer-these-expend4tures@--MaRy-ether-States-have-Seheel-Beapds
wh4eh-ai-e-e;eeted-d4reet;y-by-the-yeters-and-wh4eh-haye-the-pewer-ef-taxa%48RT
w4th-eperat4Rg-budgets-eefAp;ete;y-separate-fPBM-the-G4ty-geyePRFReNt@ With
increasing competition for tax funds between schools and other City services,
Virginia should consider the possibility of allowing locally-elected School
Boards with the power of taxation.
Recommendation:
The General Assembly should create a subcommittee to study the possibility
of allowing localities the option of having a locally-elected School Board which
has the power to raise taxes for school expenditures.
-18-
13. Notification of Informal Meetings of 6@ea;-GeyeFFi4mg-Bed4es Members of the
General Assembly
Comment:
Section 2.1-341 (a) of the Code of Virginia, the Freedom of Information
Act, defines a meeting of any legislative body as when it is sitting as a
body or entity or as an infomal assemblage f 1 as many as three members
i:.leepstsst@anotharle the
or (2) a ,,or cnst tet 'embershbip- however,
this Sect ion -T m ,f rm me:ftings or gatnerings of mem ers of the
a so
General Assembly from the notice provisions of this Chapter. Therefore,
members of the General Assembly, when meeting informally to discuss State
business, are not required to infom the general public of the time and place
of these informal meetings or to notify anyone on a continual basis. Gerta4R@y,
meFRbeps-ef -the-GeAera;-AsseFR6;y-eaRnet-a;ways-Ret4fy-the-general-RU6;4e-wheR
FReet4R@s-are-ea;led-eR-short-net4eel-espee4a;;y-duF4R@-the-aaRwa4-;eg4s;at4ye
sess4eR,--WeweyePT-s4FR41ar-ppeb;eFRs-f aee-;eea;-geyern4mg-bod4es-f PeFfi-t4FRe-te
wheig-they-are-ea;;ed-upeR-te-aet-4R-e@RfR4ttees-er-4RferFRa4-meet4ng5-te-d4seuss
FAuR4e4pal-6us4ness@--Gerta4n@yl-the-Ret4ee-reqw4pefneRt-emempt4eR-feF-FReffi6eP6
ef-the-Geiqei-a;-AsseFR6;y-sheu4d-a;se-app4y-te-;eea;-gevern4R@-bed4es. It seems
reasonable to expect these notice requirements to apply to all legislative bodies
covered by the Act.
Recommendation:
The General Assembly should amend Section 2.1-341(a) of the Code of
Virainia to &;;ew-4RfeFFRal-FReet4ngs-ef-;eea;-geyern4R@-bed4es-te-6e-emeFRpt
freFR-the-Ret4ee-prev4s4eRs-ef-th4s-Ghapter eliminate the notice r ir:m t
s of th:quen r:n
exemption of informal meetings or gatherings of the member
Assembly.
1 9-
14. Limitation on.Claims of Assets of.Dissolved Corporations
Comment:
Section 13.1-94(f) of the Code of Virginia allows any person to make
application to the Court to liquidate assets of any dissolved corporation.
Section 13.1-101 provides that the dissolution or expiration of a corporation
shall not take away any remedy available to or against such corporation, its
directors, officers or stockholders for any right, claim, or liability existing
prior to the dissolution. Occasionally, assets of "dissolved" corporations are
discovered long after the dissolution and the Court is requested to appoint a
receiver and dispose of the assets. In many cases, assets acquired from these
long-dissolved corporations are used to harass current property owners,
including municipalities. Certainly, defects in corporate liquidations greater
than twenty years old should not be allowed to haunt current property owners
and local governing bodies.
Recommendation:
The General Assembly should amend Section 13.1-101 of the Code of Virginia
to add the following clause: "Provided, however, that no action shall be main-
tained by any person for liquidation of the assets of any corporation which has
been dissolved or whose charter has expired more than twenty years after the
date of such dissolution or expiration. Any assets of such a corporation shall
be deemed to have become the property of the Commonwealth and shall become the
charge of the State Treasurer who may dispose of them as abandoned property in
accordance with the provisions of Section 55-210.18 of the Code of Virginia,
1950, as amended."
- 20 -
15. Title Exemption for Escheated Property
Comment:
State Law currently provides for a procedure whereby real property
may escheat to the State if local Commissioners of Revenue find that
property owners have died intestate with no known heirs or find that property
has been abandoned with no apparent owner. An escheator appointed by the
Governor is empowered to hold an inquest to determine whether or not any
land has escheated to the Comonwealth. Escheated land may be sold for
cash by the escheator and a grant from the State is then awarded without
warranty to the new property owner. The escheator is not required to conduct
a title examination for any property and only certifies the quantity of each
parcel escheated, a description sufficient to identify each parcel and the
names of persons from whom the land escheated. Because of this, title problems
may arise when the property description is so vague that it cannot be located,
or heirs claiming ownership to the property appear after the escheated land is
sold. A title examination performed by the escheator would eliminate these
problems and would provide the Commonwealth and potential purchasers with
better evidence that land has truly escheated to the State.
Recomendation:
The General Assembly should amend Section 55-172 of the Code of Virginia
to require the escheator to include a title examination when he holds an inquest
to determine when land has escheated to the State. Section 55-192 should also
be amended to provide for payment of this title examination.
21-
The City Manager advised that the Appomattox River Water Authority
will be meeting on December 15, 1981, to consider the hiring of a
Consultant to study the following questions:
What would be the affect of flooding.
How would they lose any possible revenues
from their land and taxable areas?
What would their supply of water be in the
future if Virginia Beach had all the water?
During the discussion of item five (5) of the Legislative Package
Mr. Mac Rawls, Executive Director of the Virginia Museum of Marine
Sciences, was requested to speak to the Legislators during the
meeting of December 7, 1981.
Also attending today s meeting (November 23, 1981), were John R.
Griffin and Charles @. Gardner, Trustees of the Virginia Museum
of Marine Sciences.
It was noted in item nine (9) of the Legislative Package concerned
with Virginia Supplemental Retirement System that before March 31,
1980 the benefits were five percent (5%), and after March 31, 1980
they were three percent (3%).
In item seven (7) of the Legislative Package concerned with Pendleton
Child Service Center it was noted the Center receives funding in the
following manner:
$Ioo,ooo - General Assembly
$120,000 - Comprehensive Mental Health and Mental
Retardation
$ 60,000 - Department of Corrections
$ 61,000 - City of Virginia Beach
$ 61,000 - City of Chesapeake
It was noted that item sixteen (16) of the.Legislative Package concerned
with the modification of Senate District boundary that the Se-nate District
boundary was @different from the voting precincts and should be modified to
equal voting precincts.
- 2 2-
CROW, TERWILLIGER AND MICHAUX, INC. ITEM #17434
The City Manager advised that the firm of Crow, Terwilliger and Michaux,
Inc., will have to obtain approval from the Fairfax Redevelopment and
Housing Authority to construct apartments in the City of Virginia Beach;
and, because the City of Virginia Beach does not have a Redevelopment
and Housing Authority the Firm will have to receive approval from the
City Council.
The complex will consist of a total of 344 rental apartment units,
20% (69) units will be leased to low and moderate income families
with equal or less than 80% of $14,800 income.
The complex will be located in the Chimney Hill section of Virginia
Beach
This matter will be on the FORMAL AGENDA under RESOLUTIONS (II-G.2.f).
OUTDOOR EATING ESTABLISHMENTS ITEM #17435
The City Manager advised that the Ordinances concerning outdoor eating
establishments are on the FORMAL AGENDA under PUBLIC HEARING, and
asked if any member of Council had any questions concerning these
proposed Ordinances.
Councilwoman Oberndorf questioned the Ordinance to amend and reordain
Section 711 of the Comprehensive Zoning Ordinance pertaining to accessory
uses in structures in the H-2 Hotel District, Section 711(b)(1), which
states:
"The structure enclosing the accessory use or uses
shall be fully enclosed at all times by solid exterior
walls and roof with no exterior opening, other than
passageway doors as may be required by the BOCA, Basic
Building Code, as amended."
The Planning Director advised Council the outdoor establishments
must be enclosed at all times. The opening of windows or sliding
glass doors will be prohibited.
- 23-
MALBON BROTHERS FARMS ITEM #17436
The City Manager advised that in the application of Malbon Brothers
Farms for'several changes of zoning the applicants made some indication
that they would be willing to pave the entire Old Dam Neck Road out.to
Oceana Boulevard, and requested that be placed in writing.
The City Attorney,advised Council the above matter has been placed in
agreement form and forwarded to the City Attorney for perusal.
City Council RECESSED into EXECUTIVE SESSION, (6:45 p.m.)
11/23/81
- 24-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
23 November 1 981
7:25 p.m.
Council Members Present:
John A. Batin, E. T. Buchanan*, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Absent:
None
INVOCATION: Major Judson P. Nelson, U.S.A.
Chaplain - Fort Story
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN BUCHANAN VOICED A VERBAL "PRESENT"
2 5-
ITEM #17437
It was the consensus of Council that the action taken by them on
October 19, 1981, to continue the deferment of the application of
Poseidia Institute until the opinions of the Attorney General and
the Internal Revenue Service are received,shall remain in effect.
M I N U T E S
ITEM II-D.1 ITEM #17438
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the Minutes of November 9, 1981, AS
CORRECTED.
Item #17379 - The City Manager presented to Council
copies of the 1980-81 Financial Statement, and
advised that taxes were reduced that year, the
largest increase @in the budget was the Department of
Education (School Board). The amount in Reserve for
Contingencies was $1
-EiiiliyMilol,ion, and
represents good fiscal responsi th e part of
the Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M. D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 26-
ITEM II-D.2 ITEM #17439
Upon moti6n by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to APPROVE the Minutes of November 16, 1981, AS
CORRECTED.
Item #17410 - The City Manageo Attorney presented
Council three (3) proposed Advisory Re?erendum
Questions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
2 7-
R E C 0 G N I T I 0 N
ITEM II-E.1 ITEM #17440
City Council recognized:
Mrs. Mary Ellen Cox - First Citizen of Virginia
Beach, and Vice Chairman of the Governor's
Committee on Aging. Mrs. Cox has been appointed
Chairman of the Delegation of Virginians who will
attend the White House Conference on Aging.
Mr. J. Roy Alphin - Appointed by Congressman
Whitehurst to represent the Congressional
Delegation
Mr. Sam Houston - Appointed by Senator Warner
to represent the Senatorial Delegation.
Mayor McCoy presented to each Delegate a color photograph of the
Delegates and the City's Bicentennial Metal - Battle oef the Virginia
Capes.
Mrs. Cox advised Council that each member of the Delegation was given
the opportunity to designate the issue conference they wished to
attend.
Mrs. Cox - Long-Term Care
Mr. Houston - Transportation
Mr. Alphin - Housing
P U B L I C H E A R I N G
ITEM II-F ITEM #17441
The City Clerk read,the following Ordinandes by title:
Article 1, Section 111 of the Comprehensive
Zoning Ordinance pertaining to the definition
of accessory use.
Article 2, Section 212(j) of the Comprehensive
Zoning Ordinance pertaining to prohibited signs.
Article 7, Section 711(b) of the Comprehensive
Zoning Ordinance pertaining to accessory uses
in the H-2 Resort-Hotel District.
- 28-
Attorney Barry Koch, representing the Tourist Bureau of Virginia
Beach, appeared in favor of the proposed Ordinances.
There being no other speakers, the Mayor declared the Public Hearing
closed.
R E S 0 L U T I 0 N 0 F A P P R E C I A T I 0 N
ITEM II-G.1 ITEM #17442
WHEREAS, Beulah Humphries, a native of the City of Virginia Beach, has
served more than Forty (40) years as a VOLUNTEER and dedicated
those many years to the 4-H Clubs of Princess Anne County as
well as the town and later the City of Virginia Beach;
WHEREAS, she, herself, joined 4-H as an adult leader during the early
youth of the first of her three daughters. Her leadership
and interest in the development of area girls and boys con-
tinues today, and each of her daughters were received into
the 4-H All Star Organization. One daughter represented
Virginia as an IFYE delegate to England. Four of her
grandchildren are also 4-H All Star members;
WHEREAS, Beulah was instrumental in establishing the first 4-H Club
in Avalon Hills; she has assisted 4-H'ers in district, state
and national competition with an untold number of awards; she
has helped train numerous volunteer leaders in 4-H Club work,;
and she has the distinction of having been taken into the
Virginia Chapter of All Stars of 1977;
WHEREAS, Mrs. Humphries has attained various goals: Many years ago
it was her pleasure to transport 4-H members to Camp Farrar
until the camp was replaced by the Southeastern Regional 4-H
Education Center, and she was present for the ground breaking
ceremonies; she attended VPI and State University as a 4-H
leader-delegate; several of her 4-H'ers have participated in
the International 4-H Youth Exchange as representatives of
Virginia in a foreign country; and, she has assisted in the
growth of our City from a rural, agricultural county to the
diversified and populous City recogni2ed today as the
"World's Largest Resort City"; and,
WHEREAS, as a resident citizen of the City and the wife of a former
City employee, Beulah Humphries has exemplified her 4-H
Pl edge :
"My HEAD to clearer thinking
My HEART to greater loyalty
My HANDS to larger service
My HEALTH to better living
for my club members, my com-
munity, my country, and my
Worl d.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
recognizes Mrs. Richard (Beulah) Humphries for her FORTY
years of dedicated and unselfish service in publicl'y expressing
its sincere gratitude for her contribution of time, energy and
intel 1 ect .
- 2 9-
BE IT FURTHER RESOLVED; That this Resolution be made a part of the
proceedings of this Formal Session of City Council this
Twenty-Third day of November Nineteen Hundred and Eighty-One.
Gi ven un de r my hand and seal this 2 3rd day of November 1 981 , in the
City of Virginia Beach.
J. Henry McCoy, Jr., D.D.S.
Mayor
City of Virginia Beach
Mr. Herb Pettway spoke in behalf of Richard Cockrell. Mr. Pettway
received an award in Blackburg as the Outstanding Extension Agent.
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Resolution of Appreciation and presented
same to Mrs. Beulah Humphries.
V o t i n g 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
R E S 0 L U T I 0 N S
ITEM II-G.2.a ITEM #17443
Mr. Robert Holderness spoke on the Resolutions.
Upon motion by Councilman Standing, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution authorizing the issuance and sale of $17,500,000
of Public Improvement Bonds, Series 1980 heretofore authorized,
(Charter Bonds).*
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*There will be a Special Meeting 6f Council on Thursday, December 10,
1981, for the purpose of selling these Bonds.
31 -
At a regular meeting of the Council.of the City of
Vii.-ginia Beach, Virgii-iia, held on the 23rd day of November,
1961, at whicli the following members were present and absent:
PRESENT:
Councilman John A. Baum
Councilman E. T. Buchanan
Councilman F. Reid Ervin
Vice Mayor Harold Heischober
Councilwoman Barbara M. Henley
Councilman Clarence A. Holland, M.D.
Councilman W. H. Kitchin, III
Councilwoman Reba S. McClanan
Mayor J@-., Henry McCoy, Jr., D.D.S.
Councilwoman Meyera E. Oberndorf
Councilman Patrick L. Stariding
ABSENT:
None
the following resolution was adopted by the al-Pf;-rmative roll.
call vote of at least two-thirds of the members of the Council,
the ayes aiid nays being recorded in tho minutes of the nieeting
as showr. below:
MEMBER VOTE
Councilman John A. Baum Aye
Councilman E. T. Buchanan Aye
Councilman F. Reid E@vin Aye
Vice Mayor Harold Heischober Aye
Councilwoman Barbara M. Henley Aye
Councilman Clarence A. Holland, M.D. Aye
Councilman W. H. Kitchin, III Aye.
Councilwoman Reba S. McClanan Aye
Mayor J. Henry McCoy, Jr., D.D.S. Aye
Councilwoman Meyera E. Oberndorf Aye
Councilman Patrick L. Standing Aye
RESOLUTION AU--HORIZING THE ISSUANCE @ID SALE
OF $17,500,000 PUBLIC IMPROVEMZNT BONDS,
SER@IES OF 1980, OF T!iE CITY OF VIRGINIA
BEACH, VIRGINIA, i;.ZRET07ORE AUTHORIZED, AND
PROVID 'ING FOR THE FO.@, D-VTAILS Ah'D PAYMENT
T=EREOF
WHEREAS, the issuance of $17,500,000 Public Improvement
-he Ci-y of Virginia Beach was authorized by an ordi-
Bonds oF I
:-i@nce a,-;opted by -the Council of the Ci-ly of Virginia Beach on
3 2 -
-2 -
January 21, 1980, to provide funds, together with other
available funds, for the following purposes:
Planning, site acquisition and improvements,.
construction, enlargements, renovation and
equipping of school facilities $ 3,011,000
Dredging Lynnliaven River 141,4819
Improvements and extensions to streets and
highways, incl-tzding cons-@ruction and improve-
rnent of surface drainage facil-ities and righ7
of way acqui-sition 5,803,336
Planning, site acquisition and improvements,
construction, enlargenents, renovation and
equipping of municipal buildings, including
arts and conference center, admini.stration
building and marine science museum 6,420,174
Plannir.g, site acquisition and renovation,
and construction and equipping of Beach
Borough pa-@king lots 234,629
Develonment of new parks, improvements at
exist'-ng parks and renovation of communi.ty
center 1.889,372
Total $17,;-;00,000
WHEREAS, @-ione of such bonds have been issued and sold;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
There are hereby authorized to be issued and sol-d
$1.7,500,000 Public Improvement Bonds of the City of Virginia
Beach, Virginia.
2. The bonds shall be coupon bonds without pri,,,ilege
of registrati-on, shall be designated "T-,,-,@lic ITpro-,7em@nt Bonds,
S@rir=s of 1980," siiall be dated December 1, 1961, shall be of
the denomination of $5,000 each, shall be numbered from I to
3500, inclusive, and shall mature i-n ins-,all.T.---ts of $6-/O,COO
on Dece"Mer 1, 1983, $675,000 on December 1, 1984, $1,240,000
ori Dec&iLber 1 in each of the years 1985 to '.990, incliisive, ani
$1,245,000 on December I 4@n each o@' the years '.9TI to @997,
3 3-
-3-
..inclusive. The bonds shall bear interest at such rate or rates
to be determined at the time of sale, payable semiannually on
.D:ecdidDer 1- and @une !-. Both principal and ihterest sh,@ll@be
payable in lawful money of the United States of America at the
principal office of Bank of Virginia Trust Company, Richmond,
Virginia, or Bankers Trust Company, New Ybrk, New York, at the
option of bearer.
3. Bonds maturing on or before December 1, 1991., are
not subject to redempti---n prior.to maturity. Bonds maturing on
or after December 1, 1992, are subject to redemption prior to
maturity at the option of the City on or after December 1,
1992, in whole at any time or in part on any interest payment
date, upon payment of the princ3:.pal amount of the bonds to be
redeemed plus interest accrued and unpaid to the redemption
date and a redemption prenium of one-quarter of one percent
(1/4 of of s-,ich princ:ipal amount for each s'@x month period,
or part thereof, between the redemption date and the stated
maturity dates of the bonds to be redeemed, provided that the
redemption premium shall not exceed 3% of such principal
amount. If less than all of the bonds are called for reaemp-
tion, the bonds to be redeemed shall be selecced by-the Ci-@y
Treasurer in such manner as he may detormine to be in the bes-@
interest of the City. The City Council shali cause notice of
the call for redemption identify4-ng the bonds to be r@deemed to
be published twice in both a financial journal published in the
Ci-ty of New York, New Yotk, and i-n a newspaper of general cir-
tulation published in tlie City of Richmond, Virginia, the first
publications o which shall appear not '@ess than 30 nor more
than 60 days prior to the redemption date.
34-
-4-
4. The bonds shall be signed by the facsimile signa-
ture of the Mayor of the City of Virginia Beach, s@nall be coun-
tersigned by its Clerk and a facsimile of its seal shall be
printed on the bonds. The coupons attached to the bonds shall
be authenticated by the facsimile signatures of the Mayor and
the Clerk.
5. The bonds and coupons shall be in substa,,itially the
following form:
(FORM OF BOND)
No. $5,000
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACII
Public Improvement Bond, Series of 1980
The City of Virginia Beach, Virginia, for value :7e-
ceived, hereby acknowledges itself indebted and promises to I)ay
to-bea.-er upon presentation and surrender hereof the princit)al
sum of
FIVE THOUSAIND DOLLARS (@t5,000)
or, December 1, '.9 and to pay interest thereon from tlie ciate
hereof until payment at the rate or _ per cent
pe-
year, payable semiannually on June I and December I upon pres-
entation and surrender of the attached coupons as they become
due. Both principal of and interest on this bond are payable
in lawful money of the United States of America at the pri-nci--
pal office of Bank of Virginia Trust Company, R'@chmond,
Virginia, or Bankers Trust Companv, New Yor,t, llew l'ork, at ILIP
option of bearer.
3 5-
this bond is one of an issue of $17,500,000 public im-
provement bonds of li-ke date and tenor, except as to number,
rate of interest, privi-lege of redemption and rnaturity, autho-
rized by an ordinance duly adopted by the Council of the City
of Virginia Beacb on January 21, 1980, and is issued pursuant
to the Cbnstituti-on and statutes of the Commonwealth of
Virginia, including tbe Charter of the City of Virginia Beacb
(Chapter 147, Acts of Assembly of 1962, as amended) and the
Public Finance Act, as amended,.to provide funds, together with
other available funds for acquiring, constructing, improving
and equipping various public facilities and improvements.
Bonds maturing on or before December 1, 1991, are not
subject to redempti-on prior to maturity. Bonds maturing on or
after December 1, 1992, are subject to redemption prior to ma-
turity at the option of the City on or after December 1, 1991,
in whole at any time, or in pait on any interest payment date,
upon payment of the p.-incipal amoun-@ of tlie bonds to be re-
deemed plus interest accrued and unpaid to the redemption date
and a redemption premium of one-quarter of one percent (1/4 of
1%) of such pri-nci-pal amount for each six month period, or part
thereof, between the redemption date and the stated,maturity
dates of the bonds to be redeemed, p.-ovided that the redemp--ion
premium shall not exceed 3% of such princ4-pal aniount. If less
than all of the borids are called for redemption, the bonds to
be redeemed shall be selected by the City Treasurer in such
manner as he may deter.,14--e t-- be ;-- +-he best interest of -,he
City. The City Council shall cause iiotice of the call for re-
demption :,dentifying the bonds to be redeemed to be published
twice in bo@.h a financial journal published in the Ci-ty of New
Y@rk, 1\7ew --or),, and in a ne%,!spaper of general circulation
36 -
-6-
published in the City of Richmond, Virginia, the @-irst
publications o:t which shall appear not lessthan 30 nor more
than 60 days prior to the redemption date.
The full faith and credit of the City of Virginia Beach
are hereby irrevocably pledged for the t)ayment of principal of
and interest on this bond.
All acts, conditions and things required by the
Constitution and s-latutes of the Commonwealth of Virginia to
happen, exist or be performed precedent to and ih the issuance
of this bond have happened, exist and have been performed, and
the issue of bonds of which this bond is one, together with all
other indebtedness of the City, is within every debt and other
limit prescribed by the Constitution and statutes of the
Commonwealth of Virginia.
IN WITNESS VI.TiEREOr-, -@he City of Virginia Beach,
Virginia, has caused this boi@d to be s-@*gned by the I-racsimile
signature of its Mayor, to be countersigned by its --Ierk, a
facsimile of its seal to be printed hereon, the attached cou-
pons to be au-@henticated by the facsimile signatures o.' the
Mayor and the Clerk, and this bond to be dated December 1,
1981.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Mavor, City of Virginia Beach,
Virginia @irginia
3 7-
(FORM OF COUPON)
No. $
June
On December 1, lg_, unless the bond to which this cou-
pon is attached has been duly called for prior redemption and
provision made for payment thereof, -,h6 City of Virginia Beach,
Virginia, will pay to bearer the sum of
Dollars'($ in lawful money of the United States of
America at the principal office of Bank of Virginia Trust
Company, Riclimond, Virginia, or Bankers Trust Company, New
York, New York, at the option 6f bearer, being the semiannual
interest then due on its Public Improvement Bond, Series of
1980, dated Dece,,nber 1, 1.981, and numbered
Clerk, City of Virginia Beach May6r, City of Virg4-nia Beach,
Virginia Virginia
6. The full faith and credit of the City of Virginia
Beach are hei@by irre-,rocably pledged for the payment of princi-
pal of and interest on the bonds. There shall be levied and
cc,llec-led annually on all locally -laxable property in -@he City
an ad val6rem tax over and above all other taxes authorized or
limit6d by law sufficient to pay such principal afid interest,
as the same respectively becom6 due and payable.
7. The City L@',anager is hereb@ authorized aild directed
to take all proper steps for the sale of the bonds, together
with bonds authorize,' for other ourposes, either by solicita-
tion of competitive bids or through negotiation, as the Ci-ly
Manager, in collaboration with Wa4.ilwright & Ramsey Iiic., the
Cityi s Financia'L Consultant, nay cons4-der -lo be in the best
interests of the City.
38-
8. The City Man.ager, in collaboration with Waili',Iright
& Ramsey Inc., shall see to the preparation, printing and dis-
tribution of an Official Statement in form customary for the
public offering of an issue of bonds such as the bonds autho-
rized hereby. The City Manager shall also arrange for the de-
livery to the successful bidder of the bonds a reasonable num-
ber of copies of the official Statement to be delive red to the
persons to whom the purchas.ers of the bonds initially sell the
bonds.
9. After bids have been received and the bonds awar-
ded, the City Manager, the Mayor and the Clerk are hereby au-
thorized and directed to take all proper steps to have the
bonds prepared and executed in accordance with their terms and
to deliver the bonds to the purchasers thereof upon payment
therefor.
10. Such officers of the Citv as may be requested are
hereby authorized to execute an appropriate cert-,.ficate setting
forth tbe expected use and investment of the proceeds of the
bonds issued pursuant hereto in order to show that such ex-
pected.use ai,,l investment will not violate the pro,,,isions of
SS 103(c) of the Internal Revenue Code ot 1954, as amended, and
regulat-@loi-is issued pursuant thereto, applicable to '@arbitrage
bonds." Such certificate may be in such form as shall be re-
quested by bond counsel for the City.
11. The Clerk is hereby authorized and directed to see
to the immediate filing of a certified copy c-@ thi-s resolution
with -.he Circuit Cour-@ of the City of Virginia Beach and within
ten days thereafte.- to cause -@o be published once in a news-
paper of general circulation in the City of V:Lrginia Beach a
notice setting forth (1) in br4-ef a-d genc4--al t--rms -,he
3 9-
Purposes for which the bdn-ds are to be issued and (2) the
amount of such bbnds and-the amount for each purpose.
12. Excent for the bonds authori,-ed hereby and any
other.bonds sold together with the bonds authorized hereby, the
City Council agrees not to sell any additional general obliga-
tion bonds of the City during the next 90 days following the
sale of the bonds, without the consent of the managi .ng under-
writer of the bonds auihorized hereby and any other bonds sold
together with the.bonds authorized hereby.
13. The City Treasurer is hereby dir.ected to apply the
proceeds of the bonds to pay $17,500,000 Public Improvenent
Bond Anticipation Notes issued December 30, 1980,.and maturing
December 30, 1981, in anticipa-lion of such bonds.
14. All other resolution-- or parts 6f r6solutions in
conflict herewith are hereby repealed.
15. This resolution shall take effect immediately.
The undersigned dlerk of the City of Virginia Beach,
Virginia, hereby certifies that the foregoing constitutes a
-true and correct extract from the minutes of i7egular meeting
of -,he Council of the City of Virginia Beach held on the 23rd
day of 1981, and of the whole thereof so far as ap-
plicable to the matterg referred to in such extract.
40 -
WITIQESS my signature and the seal of the City of
Virginia Beach, Virginia thi.s day of November, !981.
Clerk, City of Virginia Beach,
Virginia
(SEAL)
- 41-
ITEM II-G.2.b ITEM #17444
Upon motidn by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution authorizing issuance and sale of $18,300,000
of Public Improvement Bonds, Series 1981 heretofore authorized.*
Voting: 10-1
Council Members Voting Aye:
John@A. :Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold:Heischober, Ba@bara M. Henley, Clarence A. Holland,
M.D.,,,W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
*There wi.1 I be a Special Meeting of Council on Thursday, December 10,
1981, for the purpose of selling these Bonds.
42-
At a regular meeting of the Cotincil of the City of
Virginia Beach, Virginia, held on the 23rd day of November,
:Lgal, at which tlie following menbers were present and absent:
PRESEN.-:
Councilman John A. Baum
Councilman E. T. Buchanan
Councilman F. Reid Ervin
Vice Mayor Harold Heischober
Councilwoman Barbara M. Henley
Councilman Clarence A. Holland, M.D.
Councilman W. H. Kitchin, Ill
Councilwoman Reba S. McClanan
Mayor J. Henry McCoy, Jr., D.D.S.
Councilwoman Meyera E. Oberndorf
Councilman Patrick L. Standing
ABSENT:
None
the follow-l@.ng resolution was adopted by the affirmative --oll
call vote of at least two-thirds of the @nembers of the Council,
the ayes and nays being recorded in the m4-nutes of the meeting
as shown below:
MEMBER VOTE
Councilman John A. Baum Aye
Councilman E. T. Buchanan Aye
Councilman F. Reid Ervin Aye
Vice Mayor.Harold Heischober Aye
Councilwoman Barbara M. Henley Aye
Councilman Clarence A. Holland, M.D. Aye
Councilman W. H. Kitchin, III Aye
Councilwoman Reba S. McClanan Nay
Mayor J. Henry McCoy, Jr., D.D.S. Aye
Councilwoman Meyera E. Oberndorf Aye
Councilman P@trick L. Standing Aye