FEBRUARY 7, 1995 MINUTESCity oF Vir~irai~ }Bcxacln
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOMS .IR At Large
JOHN' A B4UM Blackwater Borough
LINWOOD 0 BRANCtt Ill Vtrgmm Beach Borough
ROBERT K DEAN, Princess Anne Borough
W W HARRISON JR Lynnhaven Borough
BARBARA kl H[:NLEY Pungo Borough
LOUIS R JONES Baystde Borough
JOHN' D ,MOSS At Large
NANCY K PARKER At Large
LOUISA M STRAYHORN Kempsvdle Borough
JA.,MES K SPORE C~ty Manager
LESLIE L LILLEY C~t~' Attorney
RUTH HODGES SMITH Ck'IC / AAE, City Clerk
CITY COUNCIL AGENDA
FEBRUARY 7, 1995
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456 9005
1804~ 427 430~
I. INFORMAL SESSION
- Council Chamber -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. CITY COUNCIL CONCERNS
D. RECESS TO EXECUTIVE SESSION
II. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend James L. Mahaffey
Foundry United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - January 24, 1995
G. RESOLUTIONS/ORDINANCES
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Resolution to request the Circuit Court issue a WRIT OF ELECTION to the Secretary of
the Electoral Board of the City of Virginia Beach to fill the vacancy in the office of the
School Board Member from the Lynnhaven Borough for a term of office commencing
July 1, 1996 and ending June 30, 1998.
Resolution to authorize the City Manager enter into a MEMORANDUM OF
UNDERSTANDING re the 1995 Neptune Festival; and, direct City Manager include
$45,500 funding in the FY 1995-1996 Operating Budget re sponsorship of the grand
parade, fireworks, the boardwalk communications system and other general support items.
Ordinance to REPEAL Chapter 32.5 of the Code of the City of Virginia Beach re
Stormwater Management Utility Ordinance effective June 30, 1995; and, direct the City
Manager to provide an alternative source of funding in the FY 1995-1996 Operating
Budget to finance the costs associated with Stormwater Management.
Ordinance to establish the City of Virginia Beach Health Services Advisory Board.
Request to discontinue existing commercial waste collection service in the Resort Area
effective March 1, 1995.
FY 1995/1996 Operating Budget and Capital Improvement Program (ClP) schedule.
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
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Ordinance to AMEND and REORDAIN Section 30-1 of the Code of the City of Virginia
Beach, Virginia re setbacks for excavations for farm ponds for agricultural purposes.
Ordinance to ACCEPT and APPROPRIATE a $500,000 Grant for local rehabilitation to
the Department of Housing and Neighborhood Preservation; that revenue from the
Commonwealth be increased accordingly; authorize the City Manager to execute a grant
agreement; and, TRANSFER $150,000 in existing appropriabons within the Home program
accounts to insure that the required match is made available.
Ordinance to establish the International Parkway (ClP #2-136); ACCEPT and
APPROPRIATE $136,000 in Economic Development Investment Program from the
Virginia Beach Development Authority to the International Parkway Capital Improvement
(ClP #2-136) re financing the plans and engineering associated with the project.
Ordinance to ACCEPT and APPROPRIATE a $2,910 Grant from the Virginia Commission
for the Arts to the Virginia Beach Arts and Humanities Commission operating budget re
additional funding for Virginia Beach arts organizations; and, that estimated revenues
from the Commonwealth be increased accordingly.
License Refunds in the amount of $45,500.
I. UNFINISHED BUSINESS
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Agricultural Reserve Program
City Council Discussion only
(FIRST PUBLIC HEARING Scheduled for 14 February 1995)
(Sponsored by Councilman John D. Moss)
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 7, 1995
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 7, 1995, at 1.00 P.M.
Council Members Present
John A. Baum, Linwood O. Branch, III, Robert t¢ Dean, Barbara M.
Henley, Louis R. Jones, John D. Moss, Mayor Meyera E Oberndorf,,
Nancy ~ Parker and Louisa M Strayhorn
Council Members Absent.
William W. Harrison, Jr.
[ENTERED: 1:05 P.M.]
Vice Mayor Wilham D Sessoms, Jr [ENTERED. 1'08 P.M.]
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CITY COUNCIL CONCERNS
I:00 P.M.
ITEM # 38784
Mayor Oberndorf referenced the request to discontinue existing commerical waste collection service in
the Resort Area effective March 1, 1995. (See Item H-G.5 of RESOLUTIONS/ORDINANCES.) Henry
Richardson, President of the Hotel/Motel Assoctation, tn a last minute telephone call appealed to her and
the Vice Mayor requesting a DEFERRAL of two weeks. This will enable members to negotiate AND
develop an equitable solution to the problem.
ITEM # 38785
Councilman Moss referenced the Independence Boulevard Project. This has not been an exemplary
example of erosion and sedimentation control on highway projects. This situation needs' to be improved.
ITEM # 38786
Council Lady Parker referenced an issue of sound attenuation on 1-44. According to VDOT, a Public
Hearing will not be scheduled. Thts issue is being resolved with the Virginia Department of
Transportation.
The City Manager advised Delegate Wardrup had personally gone door-to-door tn the area adjacent to
the section of the proposed sound attenuation wall, and spoke with the residents affected.
The City Manager advised the Ctty had suggested to the State the necessity of a Public Hearing.
ITEM # 38787
Councilman Jones referenced the Bayville excavation for the golf course. The Ctty will be negotiating with
Bayville for the purchase of sand. Councilman Jones requested the City Manager advise relative the cost
and amount of sand available for beach nourishment and if any would be avatlable for the Ocean Park
Beach.
ITEM # 38788
Council Lady Henley referenced Ordinance to AMEND and REORDAIN Section 30-1 of the Code of
the City of Virginia Beach, Virgtma re setbacks for excavations of farm ponds for agricultural purposes.
(See II-H.1 of the CONSENT AGENDA). Counctl Lady Henley requested clarification relative
development related ponds being located next to the highway and exterior property lines, but tt not being
agreeable for farm ponds to be located in this manner Council Lady Henley expressed concern relative
development related ponds being removed from the proposed ordtnance. The City Manager will advise.
Councilman Baum referenced the exclusion of excavations of less than an acre and less than five tons.
Five tons is a small truck load. This ts a definite mistake and not really an exception. The State Code
delineates 500 tons.
Councilman Moss referenced this issue is also being revtewed by the U.S. Conference of Mayors and
National League of Cities. Property is being utihzed poorly. Ponds are being placed where they do not
need to be. In some cases, these are installed for stormwater retention. In other places they are being
utilized as a BMP, but have nothtng to do with eliminating flooding.
February 7, 1995
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CITY COUNCIL CONCERNS
ITEM # 38788 (Continued)
Mayor Oberndorf advised the U.S. Conference of Mayors and the National League of Cities are
campaigning vigorously to have the stormwater mandates removed as the information requested by the
agencies is not scientsfically based or can be proven. Cities under 100,000 have successfully deterred
Congress from making these mandates apply to them. The permitting processes are involving as much as
SI-MILLION to $1-1/2-MILLION.
ITEM # 38789
Councilman Branch referenced the newspaper article conerning the median and the overgrowth of bushes.
Councilman Dean referenced the Pembroke Condo Association is investigating when that project was
approved by the City did the street engineering department actually approve that "bull nose" coming all
the way out to the edge of the street. If you are in a wheel chair going down the stdewalk, the actual curb
cut for the ramp lets you out into the street and not heading towards the sidewalk. If you are walking
towards the other sidewalk on the other side of the street you have to go around this island, which is
landscaped, and you have to actually walk out into the street. Councslman Dean's suggestion would be
to esther cut st all the way back, so st ss back far enough to the edge of the sidewalk, or make a cut
through. Before any funds are expended to retrofit, the Condo Association wishes to determine if the City
has a liability. The City may be liable for retro-fitting it
ITEM # 38790
Vice Mayor Sessorns requested information be provided relative the status of the Shore Drive study for
improvement. $50,000 of a grant was provided for this study.
February 7, 1995
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ITEM # 38791
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2 1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS; Dtscussion or consideration of or interviews'
of prospecttve candidates for employment, assignment, appointment,
promotion, performance, demotton, salaries, disciphmng, or resignation
of specific public officers, appointees, or employees pursuant to Sectton
2.1-344 (A) (1).
To Wit: Appointments: Boards and Commissions:
Francis Land House
Human Rights Commission
Personnel Board
Planmng Council
PUBLICLY-HELD PROPERTY Dtscussion or consideration of the
con&tion, acqutsition, or use of real property for pubhc purpose, or of
the disposttion of publicly-held property, or of plans for the future of an
institution whtch could affect the value of property owned or destrable for
ownership by such instttution pursuant to Section 2.1-344(A)(3).
To-Wit: Site Acquisition - Seatack Communtty Center
LEGAL MATTERS Consultatton wtth legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesttng the provtstons of
legal advice by counsel pursuant to Section 2 1-344(A)(7).
SPSA Legal Issues
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert IE Dean, Wilham W.
Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K~ Parker, Jr., Vice Mayor William D.
Sessoms, Jr, and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
February 7, 1995
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FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
February 7, 1995
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 7, 1995, at 2.00 P.M.
Council Members Present:
John 21. Baum, Linwood O. Branch, III, Robert K. Dean, Wilham W.
Harrison, Jr., Barbara M Henley, Louts R Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor Wilham D. Sessoms.
Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION:
Reverend James L. Mahaffey
Foundry United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Ftdehty Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Ftdelity Bank. The Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record
February 7, 1995
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Item III-E. 1.
CERTIFICATION OF
EXECUTII~ SESSION
ITEM # 38792
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meeting
requirements by Virgtma law were discussed tn Executive Session to
which th~s cert~ftcatton resolution applies,
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting. 9-0
Counctl Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Louis R. Jones, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Barbara M. Henley and Louisa M. Strayhorn
February 7, 1995
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 38792, Page No. 6, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
R6th Hodges Smith, CMC/AAE
City Clerk
February 7, 1995
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Item III-F. 1.
MINUTES
ITEM # 38793
Upon moffon by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROFED the
Minutes of the INFORMAL AND FORMAL SESSIONS of January 24, 1995.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Wilham W.
Harrison, Jr., Louts R. Jones, John D. Moss, Mayor Meyera E.
Oberndorf,, Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Barbara M. Henley
February 7, 1995
-8-
Item II-G.I.
RESOL UTIONS/ORDINANCES
ITEM # 38794
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Harrison, Ctty Counctl ADOPTED:
Resolution to request the Circuit Court issue a WRIT OF ELECTION
to the Secretary of the Electoral Board of the City of Virginia Beach to
fill the vacancy in the office of the School Board Member from the
Lynnhaven Borough for a term of office commencing July 1, 1996 and
ending June 30, 1998.
Voting: 11-0
Council Members Voting .dye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Wilham W.
Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor William D. Sessoms,
Jr. and Loutsa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
February 7, 1995
A RESOLUTION REQUESTING THE CIRCUIT COURT TO
ISSUE A WRIT OF ELECTION TO FILL THE VACANCY
IN THE OFFICE OF SCHOOL BOARD MEMBER FROM THE
LYNNHAVEN BOROUGH
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WHEREAS, James R. Darden, the School Board Member elected
from the Lynnhaven Borough for a term of office commencing July 1,
1994, and ending June 30, 1998, resigned his office effective
January 30, 1995, by letter of resignation dated January 30, 1995;
WHEREAS, Section 16.05 of the City Charter, as amended,
provides that when a vacancy occurs in the office of an elected
school board member, the vacancy shall be filled pursuant to
Section 24.1-76 of the Code of Virginia, which has since been
recodified in Sections 24.2-226 and 24.2-227; and
WHEREAS, Section 24.2-226 provides that when a vacancy in
a local elected office occurs after an officer begins his term, the
governing body of the city within which the vacancy occurs "shall,
within fifteen days of the occurrence of the vacancy, petition the
circuit court to issue a writ of election to fill the vacancy" at
the next ensuing general election to be held in May which, in the
case of the City of Virginia Beach, will be held in May of 1996.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That, in accordance with the provisions of Section 16.05
of the City Charter, and Section 24.2-226 of the Code of Virginia,
City Council hereby requests the Circuit Court of the City of
Virginia Beach to issue a writ of election to the Secretary of the
Electoral Board of the City of Virginia Beach, pursuant to Section
24.2-683 of the Code of Virginia, ordering that a special election
be held on the same date as the general election in May of 1996,
for the purpose of filling the vacancy in the office of School
Board Member from the Lynnhaven Borough for a term of office
commencing July 1, 1996, and ending June 30, 1998.
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BE IT FURTHER RESOLVED:
That the City Attorney is hereby directed to prepare, and
file with the Circuit Court, the petition required by Section 24.2-
226 of the Code of Virginia.
BE IT FURTHER RESOLVED:
That the City Clerk is hereby directed to transmit a
certified copy of this Resolution to The Honorable Jerome B.
Friedman, Chief Judge of the Circuit Court of the City of Virginia
Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of February, 1995.
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CA-5841
ORDIN\NONCODE\ SCHOOL. RES
R-1
PREPARED: 02 / 02 / 95
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Item II-G. 2.
RESOLUTIONS~ORDINANCES
ITEM # 38795
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolution to authorize the City Manager enter into a MEMORANDUM
OF UNDERSTANDING re the 1995 Neptune Festival; and, direct City
Manager include $45,500 funding in the FY 1995-1996 Operating
Budget re sponsorship of the grand parade, fireworks, the boardwalk
commumcattons system and other general support tterns
Voting. 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, Robert IC Dean, William W.
Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessorns,
Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 7, 1995
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A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A MEMORANDUM
OF UNDERSTANDING CONCERNING THE 1995
NEPTUNE FESTIVAL AND DIRECTING THE
CITY MANAGER TO INCLUDE THE
NECESSARY FUNDING IN THE OPERATING
BUDGET
WHEREAS, the Neptune Festival has been held in the City of
Virginia Beach for twenty-one (21) years for the purpose of
extending the tourist season, promoting economic growth, and
providing entertainment for area residents; and
WHEREAS, it is the intent of the City Council to recognize the
success of the Neptune Festival and to sponsor certain public
events which are part of the Festival,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager be, and hereby is, authorized to enter
into the attached memorandum of understanding concerning the 1995
Neptune Festival on behalf of the City.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager be, and hereby is, directed to include
the necessary funding, in the amount of $35,000 for sponsorship of
the Grand Parade and Fireworks and the additional amount of $10,500
for the boardwalk communications system and other general support
of the Festival, in the 1995-96 operating budget.
Adopted by the Council of the City of Virginia Beach on the
7th day of February
CA95-5843
/noncode/Nepfest. res
1/31/95
R-2
, 1995.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF VIRGINIA BEACH AND
THE VIRGINIA BEACH NEPTUNE FESTIVAL
Backqround
The Neptune Festival has been held in the City of Virginia Beach for 21 years for the
purpose of extending the tourist season, promoting the resources and advantages of
the city, and providing entertainment for area residents.
Objective
The objective of this Memorandum of Understanding is to recognize the success of the
Neptune Festival and to affirm the intent of City Council to sponsor certain public
events of the 1995 Neptune Festival:
NOW, THEREFORE, the City Council and The Neptune Festival agree:
The City of Virginia Beach will contribute $35,000 to sponsor the Grand
Parade, the Fireworks, and costs incurred to support these two events
that are held to benefit the general public.
The City of Virginia Beach will contribute $10,500 for support of the
Boardwalk communications system and other general sponsorships for 1995,
in keeping with the goal of eliminating local government general
sponsorship for the Virginia Beach Neptune Festival after 1995.
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The Virginia Beach Neptune Festival events and activities not open to or
able to serve the general population will be self supporting.
.
The Virginia Beach Neptune Festival will be open to all visitors and
citizens, regardless of race, color, sex, religion or national origin.
The Virginia Beach Neptune Festival will provide the City Manager audited
financial statements each year as soon as they become available.
The Virginia Beach Neptune Festival will pay for all necessary fees and
permits. City services will be provided as has been customary.
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The City will use its best efforts to avoid scheduling activities that
conflict with currently scheduled Neptune Festival major activities:
a. NAS Oceana Air Show - Friday, Saturday, Sunday, Sept. 22-24;
b. HERITAGE DAY - 24th Street Park - Sunday, September 24; and
NEPTUNE FESTIVAL BOARDWALK WEEKEND - Friday - Sunday,
September 29 - October 1;
Beach, Boardwalk and adjacent green belts (where
present) from 1st St. to 31st St.
· 24th Street Park
· Norwegian Lady Park
Old courtroom at city complex for photographing
Royal Court.
CITY COUNCIL, CITY OF VIRGINIA BEACH
By:
James K. Spore, City Manager
Date
VIRGINIA BEACH NEPTUNE FESTIVAL
By:
Joseph Gianascoli, Chairman
Board of Directors
Date
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Item H-G. 3.
RES OL UTIONS /ORDINANCES
ITEM it 38796
The following spoke in OPPOSITION to the Stormwater Management Fee:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0928
Wally Erb, 150 Cayuga Road, Phone: 497-7451
Councilman Moss presented slides depicttng the tssues.
Sample of Annual Billings
Oceanfront Hotel $ 542.52
Shopping Mall with BMP (50% adj)
Shopptng Mall without BMP
27,010.00
31, 058 44
Small Retail with BMP (40% adj)
Small Retail without BMP
101.92
332.08
Office Building with BMP (25% adj)
Office Building without BMP
1,930.88
2,571.20
Number of Adjustments Granted
48 Granted with a value of $54,771.52 (fee revenue loss~abated)
Total Annual Billings for the Stormwater Management Fee
Property Type it of Accounts $ Billed Annually
Residential 10 7, 060 3, 542, 0 77. 92
Multi-Family 11,154 560, 286. 84
Non-Residential 5,214 2,285, 603.16
TOTAL 123,428 $6,387, 967. 92
Additional shdes encompassed Before downward Adjustments for Tax deductibility, Federal Tax Effect
of Fee Structure Not Being Deductible, State Tax Effect of Fee Structure Not Being Deductible from
Federal Tax,, Sumnmry of Real Cost to You of the Fee, After Downward Adjustment for Tax
Deductibility, and Summary of the Winners and Losers.
Impact of $0.337 Real Estate Tax Increase Replacement for Fee
($118,300/10) *$0.037
$43. 77
x 0 28 (marginal federal tax rate)
$12.25 (reduced taxes owed)
$31.52 (real cost after federal tax
itemization)
xO 575 (state margtnal tax rate)
NET COST OF TAX
$1 81 (reduced taxes owed)
$29.71
Advantage of Tax over Fee:
$14.27 (43.77 - 29.71)
February 7, 1995
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Item II-G. 3.
RES OL UTIONS/ ORDINANCES
ITEM # 38796 (Continued)
Councilman Moss advised relative advantages of tax over a fee:
Direct Savings
Avoided Taxes
$ 368,539
+ 779,256 (tax owed on NON deductible fee)
Effective Advantage of Tax
$1,147,795
SUMMARY OF THE WINNERS
Churches and other non-profits
Nonresidential properties as class:
before tax savings:
EXCEPT for agriculture
Homeowners who itemize their taxes:
Savings based on mean assessment
per homeowner:
Estimated class savings and
avoided taxes:
Eliminate Overhead Expense of the Fee itself:
Savings in the range: $
The economy as more dollars are in consumers
pockets to be invested or spent in the local
economy.
$1,112,854.00
$ 14.27
$1.1-MILLION
170,000.00 to $250,000.00
SUMMARY OF THE LOSERS
Agriculture to the tune of $30,280 annually
Post Office
Inefficient Governmental Practices
A motion was made by Councilman Moss, seconded by Council Lady Parker to ADOPT an Ordinance
to REPEAL Chapter 32.5 of the Code of the Ctty of Virginia Beach re Stormwater Management Utility
Ordinance effective June 30, 1995, and. direct the City Manager to provide an alternative source of
funding in the FY 1995-1996 Operating Budget to finance the costs assoczated wtth Stormwater
Management.
A SUBSTITUTE MOTION was made by Counctlman Branch, seconded by Council Lady Strayhorn to
DEFER, until alternative methods of financing can be presented durtng the Budget process, the Ordinance
to REPEAL Chapter 32.5 of the Code of the Ctty of Virginia Beach re Stormwater Management Utility
Ordinance, effective June 30, 1995; and. &rect the C~ty Manager to provide an alternative source of
funding in the FY 1995-1996 Operating Budget to -finance the costs associated with Stormwater
Management.
A motion was made by Councilman Moss, seconded by Council Lady Parker to TABLE the
SUBSTITUTE MOTION.
ALL MOTIONS WERE WITHDRAWN.
Upon motion by Councilman Moss, seconded by Council Lady Parker, City Counctl DEFERRED UNTIL
CITY COUNCIL SESSION OF FEBRUARY 14, 1995:
Ordinance to REPEAL Chapter 32 5 of the Code of the Ctty of Virgtnia
Beach re Stormwater Management Utility Ordinance effective June 30,
1995, and, &rect the Ctty Manager to provide an alternative source of
funding in the FY 1995-1996 Operating Budget to finance the costs
associated with Stormwater Management
February 7, 1995
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It.em H-G. 3.
RESOLUTIONS/ORDINANCES ITEM # 38796 (Continued)
Councilman Jones suggested an amendment in the last paragraph of the Resolution:
"That, in addition to the current funding method, the City Manager is'
hereby directed to provide for consideration, in the FY 1995-96
Operating Budget, an alternate source of funds, generated from general
tax revenues, to finance the costs associated with stormwater
managcmenL "
Council Lady Henley referenced paragraph 4, Page 1: "That, with the exception of Mount Trashmore lake,
testing to-date supports the conclusion that the City does not have a "runoff" water quality problem."
Council Lady Henley was not confident this was a factual statement. She believed the Lynnhaven might
have water quality problems due to runoff. The Chesapeake Bay and the Southern Watershed Ordinances
were probably adopted due to water quality concerns Council Lady Henley expressed concern relative
this statement in the Ordinance.
The DEFERRAL will allow determination by the City Attorney relative legal implicattons of water quality
issues contained in the Ordinance.
Voting: 10-0
Council Members Voting Aye:
John A Baum, Robert K~ Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, John D. Moss, Mayor Meyera E Oberndo~
Nancy tC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent
Linwood 0 Branch, III
February 7, 1995
- 13 -
Item H-GM.
RES OL U TIONS /ORDINANCES
ITEM # $8797
Upon moa'on by Vice Mayor Sessoms, seconded by Council Lady Strayhorn. City Council ADOPTED, AS
AMENDED*:
Ordinance to establish the City of Virginia Beach Health Services
Advisory Board.
*The word "and" shall be added following the words "..with programs
operated in conjunction with the Health Department," on line 15.
The words "and one member of City Council" on lines 16 and 17, shall
be DELETED.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert IE Dean, Wilham W.. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~
Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M
Strayhorn
Council Members Vottng Nay:
None
Council Members Absent:
Linwood O. Branch, III
February 7, 1995
AN ORDINANCE TO ESTABLISH
THE CITY OF VIRGINIA
BEACH HEALTH SERVICES
ADVISORY BOARD
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That pursuant to § 32.1-31Cl of the Code of
Virginia, City Council hereby establishes the City of Virginia
Beach Health Services Advisory Board ("Board");
2. That the Board shall be comprised of fifteen (15)
members who shall be appointed by, and shall serve at the pleasure
of, City Council;
3. That the membership of the Board shall include
representatives of health care providers, recipients of Health
Department services, representatives of state and local agencies
with programs operated in conjunction with the Health Department,
and representatives of the public at large;
4. That the terms of such members shall be for three
(3) years; provided, however, that the initial term of several
members shall be for lesser terms in order to provide for staggered
expirations thereof;
5. That all members shall be residents of the City of
Virginia Beach;
6. That a Chair and Vice-Chair shall be elected by the
Board from among its members;
7. That the purpose of the Board shall be to actively
participate with community representatives in the formulation of a
comprehensive plan for the development, coordination, and
evaluation of local health services systems, and to make formal
recommendations to City Council and the Health Department, at least
annually, concerning the comprehensive plan and its implementation
during the ensuing year;
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8. That the Director of the Health Department shall be
an ex-officio, non-voting, member of the Board who shall (a) attend
all meetings of the Board, (b) provide information to the Board, at
its request, concerning the operation of the Health Department, and
(c) participate with the Board in the preparation and review of the
comprehensive plan; and
9. That within six (6) months of the date of
appointment of its members, the Board shall adopt by-laws for the
governance and administration of the Board.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of February , 1995.
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CA-5836
ORDIN\NONCODE\HEALTH. ORD
R-1
PREPARED: 01 / 25 / 95
- 14 -
Item H-G.5.
RES OL UTIONS/ ORDINANCES
ITEM # 38798
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Moss, City Counctl DEFERRED UNTIL
CITY COUNCIL SESSION OF FEBRUARY 28, 1995:
Request to discontinue existing commercial waste collection service in
the Resort Area effective March L 1995
Voting: 10-0
Council Members Voting Aye
John A. Baum, Robert K. Dean, William W Harrison, Jr., Barbara M.
Henley, Louts R. Jones, John D Moss, Mayor Meyera E. Oberndorf.
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Abstaimng:
Ltnwood O. Branch, III
Council Members Absent.
None
Councilman Branch ABSTAINED as he beheved it inappropriate for him to vote on this request.
Councilman Branch is a customer as he is the owner of South Shore Resort.
February 7, 1995
- 15 -
Item II-G. 6.
~S OL UTIONS /ORDINANCES
ITEM # 38799
BY CONSENSUS, City Council APPROVED/ADDED to the schedule:
April 18, 1995, Workshop for the FY 1995/1996 Operating Budget and
Capital Improvement Program (CIP).
EVENT DA TE TIME PLA CE
March 30* 12 Noon Council Chamber
B UDGET/C. L P.
PRESENTATION
WORKSHOP
WORKSHOP
WORKSHOP
PUBLIC HEARING
WORKSHOP
Thursday
Tuesday April 04
Tuesday April 11
Tuesday April 18
Thursday April 20
lOAM- Noon
10 AM - Noon
4 PM - 6 PM
7PM
Councd Chamber
Councd Chamber
Councd Chamber
Larkspur Middle
School
Tuesday Aprd 25 2 PM - 4 PM Council Chamber
PUBLIC HEARING Tuesday May 02 2 PM Council Chamber
FINAL WORKSHOP Thursday May 04 9 AM- 11 AM Council Chamber
BUDGET/C I P. Tuesday May 09 2 PM Council Chamber
ADOPTION
* Special Formal Sesston
February 7, 1995
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- 16 -
Item H-H.
CONSENT AGENDA
ITEM # 38800
Upon mot'on by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in
ONE MOTION, Items 1, 2, $, 4 and 5 of the CONSENT AGENDA.
Voting. 11-0
Council Members Voting Aye:
John A. Baum, Ltnwood 0 Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M Henley, Louis R. Jones, John D Moss, Mayor
Meyera E Oberndorf, Nancy IC Parker, Vice Mayor William D Sessoms,
Jr., and Loutsa M Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
February 7, 1995
-17-
Item H-H.I.
CONSENT AGENDA
ITEM # 38801
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 30-1 of the Code of the
City of Virginia Beach, Virginia, re setbacks for excavations of farm
ponds for agricultural purposes.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor
Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D Sessorns,
Jr., and Louisa M Strayhorn
Councd Members Voang Nay'
None
Council Members Absent:
None
February 7, 1995
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 30-1 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SETBACKS FOR
EXCAVATIONS FOR FARM PONDS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 30-1 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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Sec. 30-i. Setbacks for excavations for farm ponds
A-.~ ....... A. for bona fide agricultural
operations.
(a) This section shall only apply to farm ponds for bona fide
agricultural operations, and not to borrow pits as defined in the
city zoning ordinance (appendix A) or stormwater management
facilities as defined in the stormwater management ordinance
(appendix D).
+a+(b) The edge of any excavation for farm ponds ~- ~--~
~ ..... for bona fide agricultural operations shall be located at
least twenty-five (25) feet from any exterior property line and at
least one hundred (100) feet from all existing or proposed public
streets and highways.
+b~(c) The director of publ~ ...... u_ .~ ........ ~~ .....
....... ~ ~..~ ...... , planning may grant an exception to the setback
requirements imposed by this section when he finds that due to
existing conditions and circumstances, the location of a storm--~atcr
..........,,~..~.,,~..~ farm pond within the required setback area will not
adversely affect the public health, safety and welfare. In
reviewing requests for exceptions, the director of ~"~ic '-~orxs
planning shall consider the following factors:
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(1) Existing and planned uses of adjacent properties.
(2) Constructability without adversely impacting adjacent
properties.
(3) Accessibility for maintenance without adversely impacting
adjacent properties.
(4) Density of population in the immediate area.
(5) Traffic volume and safety issues on adjacent roadways.
(6) Design and structural integrity of adjacent roadways.
(7) Protection of trees and other environmental
considerations.
(c) A violation of this section shall constitute a Class 3
misdemeanor.
Adopted by the City Council of the City of Virginia Beach on
this 7 February
day of , 1995.
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5O
CA-5790
DATA/ORDIN/PROPOSED/30-1.ORD
DECEMBER 6, 1994
R1
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APPROVED AS TO CONTENT:
Ralp~ ~.. _ _ .~, Director
~C~irector
Agriculture
Robert J. Scott, Director
Planning
58 APPROVED AS TO LEGAL SUFFICIENCY:
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Vanessa T. Valldejuli~
Assistant City Attorney
- 18 -
Item II-H.2.
CONSENT AGENDA
ITEM # $8802
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $500,000 Grant for local
rehabilitation to the Department of Housing and Neighborhood
Preservation; that revenue from the Commonwealth be increased
accordingly; authorize the C~ty Manager to execute a grant agreement;
and, TRANSFER $150,000 in existing appropriations within the Home
program accounts to insure that the requtred match is made avadable
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert tC Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R Jones, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms,
Jr., and Loutsa M. Strayhorn
Council Members Voting Nay.
None
Councd Members Absent.
None
February 7, 1995
ORDINANCE TO ACCEPT AND APPROPRIATE
$500,000 IN LOCAL HOUSING REHABILITATION PROGRAM FUNDS
AND TRANSFER $150,000 IN EXISTING HOME FUND APPROPRIATIONS
WHEREAS the City wishes to assist its citizens to become home owners,
5 and to assist existing homeowners with needed repairs; and
WHEREAS the state has awarded a grant of $500,000 under the Urban
7 Rehabilitation Program for this purpose; and
WHEREAS $150,000 in the existing FY 94-95 appropriation of HOME
9 funds will be used as match; and
WHEREAS $100,000 in FY 95-96 HOME funds, which will be
appropriated with the FY 95-96 Operating Budget, will also be used as match,
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NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that $500,000 in local rehabilitation funds be accepted and
appropriated to the Department of Housing and Neighborhood Preservation; and
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BE IT FURTHER ORDAINED THAT revenue from the Commonwealth be
increased by $500,000, and
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BE IT FURTHER ORDAINED THAT the City Manager is authorized to
18 execute a grant agreement for such program, and to transfer $150,000 in existing
appropriations within the HOME program accounts to insure that the required match
20 is made available.
21 Adopted by Council of the City of Virginia Beach on the 7th day of
22 February , 1995.
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Approved as to Contents:
~{r~'~'~l~. 'l~ied~/n~, Director
Housing and Neighborhood Preservation
Approved as to Legal Form:
City Attorney
- 19 -
~emH-H.3.
CONSENT AGENDA
ITEM # 388O3
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to establish the International Parkway (CIP #2-136),
ACCEPT and APPROPRIATE $136,000 tn Economtc Development
Investment Program from the Virginia Beach Development Authority to
the International Parkway Capttal Improvement (CIP #2-136) re
financing the plans and engineering associated with the project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Counctl Members Voting Nay
None
Council Members Absent:
None
February 7, 1995
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AN ORDINANCE TO ESTABLISH THE INTERNATIONAL
PARKWAY PROJECT (CIP PROJECT #2-136) AND TO
ACCEPT AND APPROPRIATE $136,000 IN ECONOMIC
DEVELOPMENT INVESTMENT PROGRAM FUNDS FROM THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
TO THE PROJECT TO FINANCE THE PLANS AND
ENGINEERING ASSOCIATED WITH THE PROJECT
WHEREAS, Lillian Vernon's continued and expanded presence
in the City of Virginia Beach provides a significant economic and
fiscal stimulus to the City, its residents, and other businesses;
WHEREAS, the city Council formally recognizes Lillian
Vernon as an excellent corporate citizen and desires that Lillian
Vernon remain, grow, and prosper in the City;
WHEREAS, road improvements to International Parkway have
been identified in previous Capital Improvement Programs, and are
an important component of Lillian Vernon's plans for expansion; and
WHEREAS, these proposed road improvements will also
substantially improve the safety of International Parkway for
members of the public at large who travel the Parkway on a daily
basis.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the International Parkway Project (CIP Project #2-
136) is hereby established.
BE IT FURTHER ORDAINED:
That $136,000 in Economic Development Investment Program
funds are hereby accepted and appropriated from the City of
Virginia Beach Development Authority to the Project to finance the
plans and engineering associated with the Project.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of February 1995
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APPROVED AS TO CONTENT
Walter C. Kraeme ,/Jr.
Department of Management
& Budget
CA-5837
ORD IN \ NONCODE \ PARKWAY. ORD
R-1
PREPARED: 01 / 30 / 95
---~Randa~l M. Blow
City Attorney's Office
- 20 -
Item II-H.4.
CONSENT AGENDA
ITEM # 38804
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, Ctty Councd ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $2,910 Grant from the
Virginia Commission for the Arts to the Virginia Beach Arts and
Humanities Commission operating budget re additional funding for
Virginia Beach arts organizations, and, that esttmated revenues from the
Commonwealth be mcreased accordingly
Voting: 11-0
Council Members Voting Aye'
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E Oberndorf,, Nancy tC Parker, Vice Mayor William D Sessorn~s;
Jr., and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
February 7, 1995
AN ORDINANCE TO APPROPRIATE $2,910 FROM
VIRGINIA COMMISSION FOR THE ARTS TO THE
VIRGINIA BEACH ARTS AND HUMANITIES COMMISSION
TO SUPPLEMENT FUNDING TO ARTS ORGANIZATIONS
WHEREAS, the V~rg~n~a Beach Arts and Human~bes Comm~smon allocates funds to
various arts organ~zabons for the purpose of enhancing the C~ty's cultural enwronment,
WHEREAS, the V~rg~n~a Comm~smon for the Arts has awarded the V~rg~n~a Beach Arts
8 and Human~bes Commission $2,910 for the purpose of providing add~bonal funding for
V~rg~n~a Beach arts organ~zabons,
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that a grant ~n the amount of $2,910 from the V~rg~n~a
Commission for the Arts be accepted and appropriated to the V~rg~n~a Beach Arts and
Human~bes Comm~smon Operabng Budget to prowde add~bonal funding for V~rg~n~a Beach
arts organ~zabons,
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BE IT FURTHER ORDAINED that th~s appropnabon be offset by an ~ncrease of $2,910
~n esbmated revenue from the Commonwealth of V~rg~n~a
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Th~s ordinance shall be effecbve on the date of ~ts adopbon
:L8 Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the
19 Seventh of February , 1995
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APPROVED AS TO CONTENT
Walter C Kraemer, Jr
Department of Management and Budget
- 21 -
Item H-H.5.
CONSENT ,4 GEND,4
ITEM # 38805
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance authorizing License Refunds in the amount of
$34.158.40 upon application of certain persons and upon certification
of the Commissioner of the Revenue for payment.
Voting: 11-0
Council Members Voting .dye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessorns,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
February 7, 1995
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicabons for license refunds, upon cert~hcabon
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
A Tech Incorporated 1992-93
2242 W. Great Neck Road
V~rgima Beach, VA 23451-1506
Audit $145.75 $145.75
Automated ACC Profesmonal Inc.
414 Oak Mears Cres. #101 1994
V~rg~ma Beach, VA 23462
Audit $749.91 $749.91
Bold Horizons Inc.
T/A Food 4 Less
4001 Va. Beach Blvd.
V~rg~nia Beach, VA 23452
1994
Audit $24,424.91 $24,424.91
Cerbhed as to Payment:
/~bert P. Vaughan/~ '~
Commissioner of th'~ Revenue
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng
Approved as to form:
'L'~s~e-L. L~
C~ty Attorney I
$25,320.57 were approved by the Council
of the C~ty of V~rg~n~a Beach on the
7 day of February ,19 95
Ruth Hodges Smith
C,ty Clerk
FORM NO CA.~RE¥ ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for hcense refunds, upon certIfication
of the Commmmoner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Cooper & B~elat PC 1994
5041 Corporate Woods Drive #240
VirgInia Beach, VA 23462
Drs. Gmnes & Warth PC
1860 Colonial Med Court
Virg~ma Beach, VA 23454
1992-93
G~les, Andrew C. 1994
T/A Cypress Point Drv. Rge. & Pro Shop
P.O. Box 68638
V~rgima Beach, VA 23455
Audit $675.10 $675.10
Au d it $1,572.57 $1,572.57
Audit $449.31 $449 31
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,696.98
of the City of V~rgm~a Beach on the 7th
Cerbfled as to Payment:
~~-bert P Vaughan ~
Commissioner of the Revenue
Approved as to form:
City Attorney
were approved by the Council
day of February ,19 95
Ruth Hodges Smith
City Clerk
r-ol~4 NO CA.I~EV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcat~ons for license refunds, upon certification
of the Commismoner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
JBI Inc. 1993-94
T/A Roses Shoe Dept. #6836/6776
555 Turnpike Street
Canton, MA 02021
Atlantic Pediatric Specialists
1080 First Colomal Road #402
VIrginia Beach, VA 23451
1994
Kania, Bernie J., Jr. 1993-94
T/A Computer Business Services
3348 Lamorelle Lane
V~rg~n~a Beach, VA 23452
Audit $758.54 $758.54
Audit $1,771.86 $1,771.86
Audit $629.18 $629.18
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $3,159.58
of the C~ty of Virginia Beach on the 7th
Certified as to Payment:
/~.~'ert P. v aughan~,,)
Commissioner of the Revenue
Approved as to form:
were approved by the Council
day of February ,19 95
Ruth Hodges Smith
City Clerk
FOIqM I~0 C-~ I IqEV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcations for hcense refunds, upon cert~hcation
of the Commmsioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
La P~zzeria Inc.
T/A La P~zze.a-Atlanbc Ave.
2273 Calvert Street
Virg~ma Beach, VA 23451
1992-93 Audit $43.92 $43.92
M~d Atlantic RS Inc. 1993
T/A Trammel Crow Residential Service
9450 W. Bryn Mawr Avenue, S-550
Rosemont, IL 60018
Penn Luggage Inc.
T/A Penn Luggage
2820 Build America D,ve
Hampton, VA 23666
Audit $351.69 $351 69
1992-93 Audit $504.55 $504.55
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $900.16
of the C~ty of Virginia Beach on the
7th
Certified as to Payment:
a~c,:.'han-~______~
Commms~oner of the Revenue
Approved as to form:
C~ty Attorney",
were approved by the Council
day of February ,1995
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE ,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcations for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT.
YEAR PAID
TOTAL
Pleasure House Construction Corp.
2224 W. Great Neck Road 1991-92
V~rg~nia Beach, VA 23451
Progresmve Floonng Co. Ltd.
1120 Bay Colony Drive
Virg~ma Beach, VA 23451
1991-92
RM Assocmtes Inc.
T/A A + D~scount Computers
3536 Forest Glen Road
V~rg~ma Beach, VA 23452
Audit $124.00
Audit $387.42
1993 Audit $45.64
This ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $557.06
of the C~ty of V~rg~n~a Beach on the 7th
$124.OO
$387.42
$45.64
Cerbhed as to Payment:
~..~(~bert P. Va~g~//
Comm~ssmner o'f-ttl'e Revenue
Approved as to form:
(-L~s~e L. Eil'~y
C~ty Attorney
were approved by the Councd
day of February ,19 95
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon cerbhcatlon
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Ross, Judy
T/A Rudee Inlet Motel
Route I Box 143
Pamplin, VA 23958
1993-94 Audit $182.05 $182.05
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $182.05
of the C~ty of Virginia Beach on the 7th
Cerhf~ed a~. to Payment:
Approved as to form:
~--,~es~ L. L~ey ~
C~ty Attorney
were approved by the Council
day of February ,19
95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcabons for license refunds, upon certification
of the Commmsioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Dallas-Katec Inc.
T/A Katec Incorporated
P.O. Box 3399
Virginia Beach, VA 23454
1993-94 Audit $58.67
Essanelle Salon Co.
T/A Shears At Sears
Beauty Salon At Hess/Hecht
12800 Whltewater Drive #300
Minneapolis, MN 55343
1993 Audit $1,168.45
Wilkins, Kenneth D.
T/A False Cape Stabon
309 Sandp~per Road
Virg~ma Beach, VA 23456
1992-93 Audit $114.88
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,342.00
of the City of V~rg~nia Beach on the Seventh
$58.67
$1,168.45
$114.88
Certified as to Payment:
err P. Vaughan
Commismoner of the Revenue
Approved as to form:
LeSlie L. blley
C~ty Attorney
were approved by the Council
day of February ,19 95
Ruth Hodges Smith
City Clerk
- 22 -
Item H-L1.
UNFINISHED BUSINESS
ITEM # 38806
Ralph Smith, Director of Public Works, responded to the concerns of Councilman Jones relative the
potential of obtaining sand from the Bayville Farm site for utilization at Ocean Park Beach. It was
determined the sand would be suitable for placement on the City's beaches; however, the law precludes
simply going to an individual and negotiating a purchase. The City had to go through a bidding process
with three responsive contractors to that btd process. Bayville Farms did offer as a supplier of the
material quotes to all three of the offers. Bids were opened on January 23, 1995. The low bidder was E.
V. Williams' firm. This firm may or may not use Bayville Farms' sand as they own alternate sites and
can provide suitable mater~al. One of the projects existing in the Capital Improvement Program is the
replenishment of sand on Ocean Park Beach. There is a shortage of between 40,000 and 50,000 cubic
yards on this beach. The City had planned on deferring replenishment of the sand until the next time the
Lynnhaven Inlet was dredged. Weather conditions can change this timetable. As the City has a good quote
on the price of the sand, through the CIP process thts work can be authorized to be done.
The City Manager was directed to add to the Capital Improvement Program schedule consideration for
beach nourishment at Ocean Park Beach.
February 7, 1995
- 23 -
Item H-I.2.
UNFINISHED BUSINESS
ITEM # 38807
Agricultural Reserve Program
Councilman Moss referenced the article by Beth Barber in Sunday's BEACON, February 5, 1995, and
shares many of the issues raised relative the "unanswered questions". Councilman Moss advised the
Agricultural Reserve Program is long on rhetoric and short on analysis. One of the ways in justifying
the cost was the savings in infrastructure Councilman Moss referenced his question relative: "When
would the abated infrastructure been constructed, if not when would it have been purchased?" There is
no quantitative analysis that specifically identifies the cost being avoided relative to the land use plan
that is now in place. It does reference earlier studies, but they do not deal with this particular
development plan. Buying the development rights is not the guarantee of the preservation of farming.
This is the preservation of the land. Preservation of farming is going to be determined by market forces
and demand for products that will pay in excess of expenses. We must show the benefit to the public. In
all discussions of the program, there is no explanation relative the mechanics. The City Council needs
numbers, which can be audited, to go with the words. The financial and market analysis is absent from
the response to the questions and the presentation.
Council Lady Henley advised a cost benefit analysis was not recommended as they believed there were
validity problems with thts type of analysis The answers to this analysis wouM depend on the assumptions
made. If assumptions were based on the land use plan presently in place, the AD HOC Committee would
be assuming no future City Council wouM change the ordinance. This is not consistent with the history
of Virginia Beach development. The other range of assumptions would be to assume the build-out would
be based on the build-out of the Master Street and Highway Plan, which would four-lane the highways
all the way down to North Carolina thru Blackwater. Would it be assumed the Hampton Roads Sanitation
District long range sewer plan, the Charity Line, would be all the way through Pungo to North Carolina.
Based on what was decided in this range of assumptions, would be what would be avoided in
infrastructure. As there would be such a wide range of findings based on the chosen variables, there
would probably be disagreement about the analysis. There is also the issue of dealing with externalities:
negative and positive. Opportunity costs would be a negative externality. There is a wide range of positive
externalities, which would be difficult to quantify; i.e, air quality, stormwater control. City Council can
certainly chose to have an analysis. In order to perform an analysis, it would be costly in money as well
as time. There is an abundance of existing information that is still valid which could be utilized to give
an idea of the avoided infrastructure: Burchell-Listokin Report - 1990, Crossroads: Two Growth
Alternatives for Virginia Beach and the City's Capital Improvement Program. Council Lady Henley
further cited the Urban Summit of December 9, 1994. A paper presented by William H. Lucy and David
L. Phillips of the University of Virgima entitled "Connections Between City Decline, Suburban
Transition and Farmland loss in Virginia" and an article in the Journal of Soil and Water Conservation
relative a statistical analysis of public and farm support for Purchase of Development Rights Programs
in the metropolitan northeast, provides another possible source of information. The Business Management
Plan is being developed by the Old Dominion University Entrepreneurial Center to investigate small
business which would be compatible with agricultural opportunities in this area
Councilman Branch advised discussion relative these planning issues would be discussed in the City
Council's Retreat.
Councilman Baum did not believe any numbers could predict the future of farming. This area is really
suited for grain framing . Because of building in Virginia Beach and Chesapeake, this is going to
gradually change. There will be more small and part-time farms raising specialty crops and horses. There
will be more country estates. The word "downzoning" is bad business in the rural area. Councilman
Baum has been fighting for many years to have private property rights protected. You do not take citizens'
property rights away without paying as tn downzoning. Councilman Baum responded to Beth Barber's
column. Councilman Baum stressed the tmportance of adopting a plan or there is the possibility of
developers opening the southern end of the City. The majority of the residents in the North End area
prefer open spaces and not paying extra money for homes, which are not going to pay for themselves.
Councilman Baum hoped Council members would be positive and assist in the development of a workable
program.
A PUBLIC HEARING for the Agricultural Reserve Program is SCHEDULED for February 14, 1995,
at 2:00 P34.
February 7, 1995
- 24 -
Item II-J. 1.
NEW BUSINESS
ITEM # 38808
HUMAN RIGHTS COMMISSION SEMI-ANNUAL REPORT
Helen Shropshire, Chair - Human Rights Commisston, presented the Semi-Annul Report of July 1 thru
December 31, 1994. Mrs. Shropshire introduced Vice Chairman Frank Patterson and Fagan Stackhouse,
Director of Human Services, in attendance Dr. Joshua Edwards was in attendance but had to leave for
a teaching assignment.
The goal or mission is to serve as a positive advocate of human rights for our cities. The mission,
objectives, strategies and recommendations were summarized by four words - Education, Information,
Communication, Participation (A-TION). Through monthly meetings, public forums and written
correspondence, the Commission has and will continue to bring added value to having a Human Rights
Commission. The Commtssion will continue to provide opportunities for citizens to get information, to
communicate their thoughts and percepttons in order to prevent vtolations of human rights. There are two
words that have been added to the "A-TION" list: Cooperation and Appreciatton. There has been
excellent cooperation from City agenctes, community groups, the press and citizens. Appreciation was
shown to cities for thetr involvement and support of human rights in our Ctty during International
Human Rights Week. The Commission is most appreciative of the invaluable support from the Department
of Human Resources.
Mrs. Shropshire distributed a copy of the report citing the accomplishments and recommendations of the
Human Rights Commission Said report is hereby made a part of the record.
February 7, 1995
- 25 -
Item II-IC
ADJOURNMENT
ITEM# 38809
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4.50 P M.
· Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Smtth, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
February 7, 1995