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JANUARY 2, 1996 MINUTES k2it@ 4L),I, li@'. k I I "WORLD'S LARGEST RESORT CnY" CITY COUNCIL CITY COUNCIL AGENDA January 2, 1996 I. CITY MANAGER'S BRIEFING - Conference Room 12:NOON A. HABITAT ENHANCEMENT COMMITTEE ANNUAL REPORT - Wetlands Louis E. Cullipher, Director, Agriculture Department II. AGENDA REVIEW SESSION A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room 1:30 PM A. CALL TO ORDER - Mayor Meyers E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber 2:00 PM A. CALL TO ORDER - Mayor Meyers E. Oberndorf B. INVOCATION: Reverend Bill Kincaid Great Neck Baptist 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 December 19,1995 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA 7he Consent 4genda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. BRIEFING 1. BURTON STATION Andrew Friedman, Director, Housing & Neighborhood Preservation J. PUBLIC HEARINGS 1. AMENDMENT PROPOSED TO THE CITY CHARTER RE POWER OF CONDEMNATION - ECONOMIC DEVELOPMENT 2. AMENDMENT PROPOSED TO THE CITY CHARTER RE SCHOOL BOARD ELECTION DATE 3. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTIONS: a. Conservation, Inc. b. Virginia Beach Technical and Career Education Foundation, Inc. K. RESOLUTIONS 1. Resolutions to request the General Assembly AMEND certain sections of the City of Virginia Beach Charter: a. ADD a new Chapter 10 granting the City of Virginia Beach limited condemnation powers in the Burton Station area. b. Change School Board Elections f rom May to November, beginning in 1998. 2. Resolutions to support legislation designating the following benevolent corporations re real and personal property state and local tax exemption: a. Conservation, Inc. b. Virginia Beach Technical and Career Education Foundation, Inc. 3. Resolution re Beach Erosion Control and Hurricane Protection Project. 4. Resolution to appoint Mark T. Del Duca as Assistant City Attorney. L. APPOINTMENT PLANNING COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT If you are physically diabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 12/28/95BAP AGENDA\01\02\96.ITM CITY OF @ @H SUMATARY OF COVNCX ACTOW H E 0 s H I s T A S E S R DATE: @r 19,1995 B R C H R P E A PAGF-: 1 R R H E J N A s y 8 A D I 0 N 0 0 R S H A N E S B L N 0 K 0 0 AGENDok U C A 0 E E E R E M R ITEM MOTION VOFRE M H N N R Y S F R S N I BREFINGS: A SHORE DRIVE @ EUMINATION John W Herzke PROJECT City ErW~ B AGRICULTURAL FTESERVE PROGRAM WiNiam M ('ARP-) DOCUMENT R"EW Macali De" Uty IIAW CE-FMMCokTION OF EXECMIVE CERTIFIED 10-0 y y y y y y y y A Y Y IVIE SESSION I I I I I I I F/I @S 12 @ 1995 APPROVED 10-0 Y Y Y y y y y y A y y G AGENDA FOR FORMAL SESSION ADOPTED B y C 0 N S E N S U S FVI PLM3UC HEAPMG: I P@D AMENDMENT TO CITY CFLARTER - OONSOUDATION OF CATY)EDLK'ATK)N re PAYROLL/ ACCOL)NTI to r@ @al ADOPTED l@o y y y y y y y y A y y AMEND City Chartw ADDTNG rww BY CONSENT @ re @ion of ministerial mpeds of payfaw ptar@ ot VW civ@ 2 Agftukbral @ Progron OW): ADOPTED 10-0 y y y y y y y y A Y Y BY OC)NSENT a Hutton re Program @s to the Program b to AMEND D*M the Program 3 ft"uuon to mW sko for raw Social ADOPTED 7-2 Y Y A Y Y N Y Y A Y N @ces B@ox@o oonstrucuon AS AMENDED B BY HARRISON/ s JONES T A I N E D K/I re r@Lffkv @nterest ADOPTED 10-0 y y y y y y y y A Y Y to /exomto BY CONSENT documwft 2 to APPROPPAATE $1,127,064 ADOPTED 10-0 y y y y y y A Y Y frofn M" Fir 00 to Schools' BY CONSENT SON-1@ Fund re Anne F#gh @ Fim 3 Norbk @ Ra@Thm#a @ Grade ADOPTED 10-0 y y y y y y y y A Y y Cr@: BY CC)NSENT a @ to r"" VDOT program an @ @y @ for @o~wts/ CRY pay b pro rata share b @ to ACCEFrriAppRoPRIATE $N,000 Grmrt *am VDOT/@e Lkban @ re grab crossing 4 Ord@ to @e $2,979 ADOPTED 10-0 y y y y y y y Y A y y TRANSFER @ WaW@ Fund BY CONSENT re fam @ with Habkat for HUMANTY HOUSE on Cww Avenue (LYNNFIAVEN @) ( by @ La* Nancy K Pwkor) 5 or@ to @0 @ nmment ADOPTED 10-0 y y Y Y Y Y A Y Y tw o Bay Bfto T@ rO MW at Shore (BAYSIDE OTY OF BEACH SUMUARY OF COUMCIJ. AC@ H E 0 s H I 0 T A s E S R DATE: @ber 19, 1995 B R C H R P E A PAGE: 2 R R H E J N A s y 0 A D I 0 N 0 D R S H A N E S B L N 0 K 0 0 AGENDA U C A 0 E E E R E M R 0 SU&ECT MOTH)N VOTE M H N N R Y S F R S N a Or@ to @ @hnmt Wito ADOPTED 10-0 y y y y y y y y A Y Y pornan of CIVE r-o-w of St @ OrfVg tD Cordw re parkkv bow MN 7 Re@ $8,110.53 APPROVED 10-0 y y y y y y Y Y A Y y BY CONSENT I I I I I I I I 2 Lil In pww Of Deco AURHORIZED 10-0 y y y y y y y y A y y CONSTRL)CTION INC for @e of FINAL @ of @ r-o-w for Bow APPROVAL Coratruction (LYNNHAVEN BOROUGH) DOWM for IMW DOWW 12112/% m APPOINTMENTS AGRICULTURAL ADVI@Y l@o Y y y y y y y y A Y y COMMSS4CN Norris W ShWley 4 Yew Term 10/01,W- CFIESAPEAKE BAY PRESERVATION I 0-0 y y y y y y y Y A Y Y AREA @D Re Charin W qwdrw 3 You Term 01/01/96- 12/31/08 Lynn Hqftwor Unexpired thru 12131/96 COMMUNITY r>ER\nCES BQARD 10-0 y y y y y y y Y A Y Y Re@: Edward L @rdson 3 Yew Twms P"Ard Broudy 01/01/96- Jo" TAIA 12rJI/98 COMHMSSION 10-0 y y y y y y y Y A y y BeeWWW: L Eure 4 Year Terms Judkh L 01/01/96- 12)31/90 N @an Ha@'s @trcft Plan ADD- ON ADD- C*uncNman Dow advood Board ON had fax'ed Nm a copy of Umr @tidn Agr@ 0 CoLwA La* Hw"y ro HS I - P@ RESOLUTION 10-0 y y y y y y y y A Y Y AM- vs Non-Partisan CoLffrA E@s OPPOS4NG ON FNB 1 ADDED I AND ADOPTED AM- Branrh re Sdwol Board ADDED TO 10-0 y y y y y y y y A Y Y ON E@ to be h@W in November, AGENDA AND @nnkv In 1M SCHEDULED PLIBUC HEARING FOR DI/OZW p ADJOURNMENT 5:35 PM .............. CITY COUNCIL SESSION CANCELLED 26 DECEMBER 1995 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 2, 1996 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, January 2 1996, at 12:00 NOON, Council Members Present: John A. Baum Linwood 0. Branck III, Robert K Dear; Harold Heischober, Barbara M. Henley, Louis P, Jones, Mayor Meyera E. Oberndorf and Vice Mayor Wzlliam D. Sessoms, Jr. Council Members Absent: William W. Harrison, Jr. [ENTERED: 12:20 P.M.] Nancy K. Parker [IN CHARLOTTE, NORTH CAROLINA, FATHER TEPMINALLY ILL] Louisa M. Strayhorn [ENTERED: 12:30 P.M.] - 2 - CITY MANAGER'S BRIEFING HABITAT ENHANCEMENT COMMITTEE ANNUAL REPORT 12:00 NOON ITEM # 40219 Louis E. Cullipher, Director - Deparhxent of Agriculture, provided the Annual Report of the Habitat Enhancement Committee. The Habitat Enhancement Committee was established on August 23, 1994 The Committee consists of volunteers representing the business community, federal and state agencies, conservation organizations, the general public and city staff. The purpose of the coffee is to coordinate and assist in the implementation of habitat enhancement and restoration an projects. From 1992 to 1994, the same team functioned as an Ad Hoc Committee. Mr. Cullipher introduced and extended appreciation to the volunteers in attendance who compose this Committee: Anne Henry, Barbara Howell, Assistant City Attorney Vanessa Valldejuli, Carolyn Smith Clay Bernick and Rick Scarper. The projects are completed without the use of direct tax dollars. Funds for plant materials and seed for wetlands and sand dune restorations are from civil charges collected frmn violations of the City's Wetands and Coastal Primary Sand Dune Odinance. Additionally, the Committee receives governntent and private grant and donations from individuals and businesses for the purpose of urban reforestation and conservation education materw The Committee meets monthly to identify and prioritize restoration sites and coordinate the relatively large voluntary labor force. Since January 1993, $27,883 from civil charges has been collected $13,750 has been used for abating environmental damage or restoration of wetlands or coastal primary sand dunes. The net balance in the account is $14,132. These funds will be used for projects targeted for 1996. Through the utilization of slides, Mr. Cullipher illustrated the accomplishments of the Habitat Enhancement Committee. WETLANDS/DUNES PROJECTS COMPLETED Canal No. 2 Back Bay Wildlife Refuge palustrine wetlands restoration. NAB Little Creek (planning and or only) Highway wetlands mitigatton - Dam Neck road Partnership with Lesner Point Condominiums - Jade Street Public Right-of-way Owl Creek Tidal Wetlands restoration NAS Oceana Watchable Wildlife Marine Science Museum Education/Mitigation Site NAS Oceana Pond wetiand restoration GREENSCHOOL PROGRAM/URBAN FORESTRY PROJECT COMPLETED Fox Fire Civic League Landstown Meadows Civic League Holland Elementary School Great Neck Middle School Green Run High School John B. Dey Elementary School Tree Nursery Recreation Drive Backyard Stewardship Demonstration at Mount Trashmore Backyard Stewardship at Mount Trashmore January 2, 1996 - 3 - CITY MANAGER'S BRIEFING HABITAT ENHANCEMENT COMMITTEE ANNUAL REPORT 12:00 NOON ITEM # 40219 (Continued) PROJECTS TARGETED FOR 1996 Mount Trashmore reforestation - wetlands plantings and tree nursery Upper Wolfsnare site stabilization Munden Point Park NAS Oceana Bay Scapes Sustainable Development sites Haygood Point Pembroke Meadows Carolanne Farm Lotus Garden Point Best Management Practices (BMP) demonstrations PROJECTS TARGETED FOR 1996 Mount Trashmore reforestation - wetlands plantings and tree nursery. Upper Wolfsnare site stabill-ation Munden Point Park NAS Oceana Bay Scapes Sustainable Development sites Haygood Point Pembroke Meadows Carolanne Farm Lotus Garden Point Best Management Practices (BMP) demonstrations CONSERVATION EDUCATION MATERIAL PREPARED Brochure Video Curriculwn guides for primary and secondary schools (on going) HONORS AND AWARDS RECEIVED NAB Little Creek Enviornmental Excellence Award Certificate from Virginia Association of Soil and Water Conservation Districts Virginia Chapter of the American Planning Association Thee Owl Creek tidal wetlands restoration project will be a field study tour during the Virginia Professional Horticulture Conference in January 1996. Department of Defense Chesapeake Bay Program Tour. Mr. Cullipher advised the first project in 1996 will be the Stabilizadon of Upper Wolfsnare, a historical plantation. The Committee will meet there on the Thirteenth and volunteers are invited. January 2, 1996 - 4 - AGENDA REVIEW SESSION 12:28 P.M. ITEM # 40220 The City Manager referenced: K.3 Resolution re Beach Erosion Control and Hurricane Protection Project The City Manager distributed an amendment to this Resolutio. In the second WHEREAS the funding total was eliminated ay this estimate was made approximately 1/2 years ago. The final estimate will be presented t4o City Council in a Briefing. The last paragraph Section 2 has been revised to state: "The City Manager is authorized to advise the Norfolk District, U.S. Army Corps of Engineers, dtw the City will execute the agreement after such outstanding legal issues have been resolved ' This final document will be presented to City Council for additional review approximately April Second. ITEM # 40221 Mayor Oberndorf advised the BRIEFING on Burton Station will be heard prior to the PUBLIC HEARING, to address concerns delineated during the Presentation at Ebenezer Baptist Church, December 26, 1995. J. PUBLIC HEARING 1. AMENDMENT PROPOSED TO THE CITY CHARTER RE POWER OF CONDEMNATION - ECONOMIC DEVELOPMENT Mayor Oberndorf referenced the presentation to City Council by Maryann Ustick, former Director of Community Development and Housing, re BURTON STATION REDEVELOPMENT PLAN on June 9, 1992. ITEM # 40222 Vice Mayor Sessoms and Council Lady Strayhorn referenced.- K.1 Resolution to request the General Assembly AMEND certain sections of the City of Virginia Beach Charter: a. ADD a new Chapter 10 granting the City of Virginia Beach limited condemnation powers in the Burton Stadon area. Council Lady Strayhorn requested a one week deferral for the City Staff to respond to the residents concerns and advise the number of residents, who had been contacted as whether or not they wished to sell their land. Councilman Jones said he did not wish to commit to DEFERRAL until all the City Council had heard all those residents registered for the Public Hearing, face Mayor Sessoms believed it should be announced at the beginning that this item would be DEFERRED. January 2, 1996 - 5 - AGENDA REVIEW SESSION ITEM # 40223 Councilman Branch advised he would be more comfortable addressing the following issues in an Adpisory Referendum. K.1 Resolution to request the General Assembly AMEND certain sections of the City of Virginia Beach Charter: b. Change School Board Electtons from May to November, beginning in 1998. ITEM # 40224 Councilman Baum expressed concern relative: K. 2 . Resolutwn to support legislation designating the following benevolent corporation re real and personal property state and local tax exemption: a. Conservation Inc. Councilman Baum believed tax exemptions should be presented to the City Council two months in advance to allow for investigation and not at the first of the year just prior to the General Assembly meeting. Councilman Baum requested the City Attorney devise an appropriate resolution to address this situation. Councilman Baum hadparticular concerns relative Conservadon, Inc. Individuals who own wetlands pay taxes. Why should the City allow corporations to be tax exempt for similar ownership. The Federal Government has established $500 and $600 as a base for swamp and marsh Land and this is completely artificial Marsh and swamp do not have any economic value. Councilman Baum requested a full discussion relative this item. The City Attorney advised it has been approximately six years since a procedure was initiated for tax exemption requests. The City Attorney will take this procedure and put it into Council's policy format. The City Attorney will do this and state that such submissions shall occur on or before October First. This tax exemption procedure will be incorporated into City Council's poucyformat. The City Attorney advised another tax exemption request is coming forward on January Ninth. Mayor Oberndorf referenced a telephone conversation from Mr. Stokes of Conservation; Inc., the Nature Conservancy only accepts large parcels of environmentally sensitive areas, but his organization would be willing to accept smaller Parcels of wetlands in environmentally fragile areas to be utilized for habitat for the wildlife. Conservation, Inc. on has an all volunteer staff. Councilman Harrison advised Conservation, Inc. went before the Chesapeake City Council Session. Chesapeake did not take any action. There was no motion. The Code Section indicates if City Council fails to take any action this fact is also reported to the General Assembly. Councilman Dean advised he possesses federal documents relative Conservation, Inc, and they are a tax exempt non-profit organization. Councilman Dean advised the wetlands donated is for conservation and education. January 2, 1996 - 6 - AGENDA REVIEW SESSION ITEM # 40225 Councilman Heischober referenced.- K.2. Resolutions to support legislation designating the following benevolent corporations re real and personal property state and local tax exemption: b. Virginia Beach Technical and Career Education Foundation, Inc. Councilman Heischober advised he had been involved with this very worthwhile organization and believed VOTEC should be tax exempt. ITEM # 40226 Councilman Branch advised he will be ADDING for City Council's consideration a Resolution requesting the Planning Commission Study Potential Land use Regulations for Drive-Through Facilities and Report its conclusions and recommendations to the City Council. January 2, 1996 - 7 - CITY COUNCIL CONCERNS 1:05 PM. ITEM # 40227 Mayor Oberndorf referenced a BEACON Editorial Letter relative the School Board from a citizen, wiuch was erroneous and misleading. The City Manager advised a response is being prepared tared for publication to make the citizens aware of the correct information. A meeting is being SCHEDULED with the Editor. Councilman Branch expressed concern also relative the Editorial citing Virginia Beach's accomplishments omitted many ie. Agricultural Reserve Program, Outdoor Plan. Councilman Branch requested the City Council urge an Editor for THE BEACON be hired who understood the issues Counci@ Branch r@ted a Resolution in Recognition of Beth Barber's service be presented during the City Council Session of January 9, 1995. ITEM # 40228 Councibnan Dean referenced correspon*nce dated December 22, 1995, from Durwood Curling, Executive Director - Southeastern Public Service Authority (SPSA), relative the proposed amenment to the State of Virginia Solid Waste Management regulation, which will be considered by the Virginia Waste Management Board on January 4, 1996. The proposed amendment will permit the establishment of small disposal sites for vegetative waste on property being cleared for development or other purposes without any notification to local governments. Councilman Dean advised this would provide small almost uncontrolled, industrial waste sites any where in any City. This would further erode SPSA's recycling program and yard waste. Council Members Dean and Henley will confer with the City Manager, Mayor Oberndorf and the City Attorney re drafting a letter to SPSA reflecting concerns. ITEM # 40229 Councilman Dean referenced the correspondence from Susan D. Walston, Director - Parks and Recreation referencing the delay by the Gauntlet of Vwginia Beach, Inc. in obtaining financing and commencing construction of a golf course on Seaboard Road. The City Attorney advised a fax had just been received from Mrs. Walstom which he will share with the City Manger and Councilman Dean. ITEM # 40230 Councilman Dean advised he will confer with the Planning Director and Zoning Administrator relative a zoning matter in Sandbridge. A lady bought a lot next to her home and is attempting to surround her herbs and fruit trees by a custom colonial style four-foot picket fence. This does not comply with the landscape ordnance. Mayor Oberndorf advised this Landscape Ordinance relative fencing was adopted due to the deteriorating wooden fences on major corridors. January 2, 1996 - 8 - CITY COUNCIL CONCERNS ITEM # 40231 Council Lady Henley referenced the Shore Drive Hazard Elimination Project Briefing and inquired relative automobile facilities city -wide. Council Lady Henley requested information be prepared relative the number of automobile fatalities in the City and other places with similar problems as Shore Drive. Mayor Oberndorf advised citizen had reflected concerns relative the removal of the trees on Shore Drive. Education will be a major factor. Life is more valuable than vegetation. The improvements could be made incremental. Vice Mayor Sessona and Councibnan Harrison also advised of similar concerns from citizens. Vice Mayor Sessoms has displayed the photographs to the citizens graphically displaying the recommendations concerning Shore Drive. ITEM # 40232 Mayor Oberndorf referenced conferring with Robert H Vakos, Chairman Pro Tem - Planning Commission. He is very anxious to bring forward a dynamic Comprehensive Land Use Plan. Mr. Vakos would like to accomplish this jointly with the City Council. Mayor Oberndorf suggested the utilization of a Facilitator in a joint focus meeting. January 2, 1996 - 9 - ITEM # 40233 Mayor Obemdorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 2, 1996, at 1:10 P.M. Council Members Present.- John A. Baum, Linwood 0. Branch, III, Robert K Deap; William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Nancy K Parker January 2, 1996 - 10 - ITEM # 40234 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: PFRSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment assignment appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 21-344 (A) (1). To Wit. Appointments - Boards and Commissions: Planning Commission LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1 -344(A)(7). To - Wit: EDIP Funds. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch; City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessom, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K Parker January 2, 1996 - 11 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL January 2, 1996 2:00 PM. 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, January 2, 1996, at 2:00 P.M. Council Members Present. John A. Baum, Linwood 0. BrancH, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Nancy K. Parker [IN CHARLOTTE NORTH CAROLINA, FATHER TERMINALLY ILL] INVOCATION: Reverend Bill Kincaid Great Neck Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity 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 Fidelity 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. January 2, 1996 - 12 - Item IV-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 40235 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDAIVCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies, 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: 10-0 Council Members Voting Aye: John A Baum, Linwood 0. Branch, III Robert K.Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Meinbers Voting Nay: None Council Members Absent: Nancy K. Parker January 2, 1996 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 # 40234 Page No. 10 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 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. City Clerk January 2, 1996 - 13 - item IV-F.l. MINUTES ITEM # 40236 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 19, 1995. Voting: 10-0 Council Members Voting Aye: John A Baum, Linwood O. Branch, III, Robert K. Dean; William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K Parker January 2, 1996 14 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 40237 BY CONSENSUS City Council ADOPTED: AGENDA FOR THE FORMAL SESSION AND, ADDED: Councilman Branch advised he will be ADDING for City Council's consideration a Resolution requesting the Planning Commission Study Potential Land use Regulations for Drive-Through Facilities and Report its conclusions and recommendations to the City Council January 2, 1996 - 15 - Item IV-I. BURTON STATION ITEM # 40238 Andrew M. Friedman; Director - Housing and Neighborhood Preservation; advised the majority of the Burton Station neighborhood has been industrially zoned since the first zoning maps of the City were created in 1954. In 1975, as part of the process of identifying potential uses of new Federal Commnity Development Block Grants, Burton Station was identified as a TARGET neighborhood, where these funds could be utilized to improive the living conditions of the residents. However, no immediate action was taken due to the fact that the majority of the neighborhood was industrially zoned. During 1980 and 1981, a consultant employed by the City, Timothy Barrow, worked with a group of residents, the Southeastern Planning District Commission (SPDC), and the Office of Housing and Community Development to develop several alternatives for neighborhood revitalization. The Plan, recommended by the Consultant, called for the development of new homes in the southern portion of the neighborhood and the relocation of residents living in the northern portion to those new homes. As a result of this recommendation in 1982, City Council rezoned the southern portion of the neighborhood for residential use. Based on thts action, an engineering study to determine possible costs of the proposed project and other needed information was ordered and completed by 1985. Also, during this time, extensive consultations between City staff, the NorfoLk Port and Industrial Authority, the Federal Aviation Authority, the Federal Department of Housing and Neighborhood Development and residents identified several key issues impacting the proposed Plan. Ultimately, it was determined that federal funds could not be used for water, sewer, street and drainage improvements and new housing development due to the high noise zone of the Airport. Based on this finding, the proposed plan was deleted from the CIP in 1987. A new study entitled Development Option for Burton Station, completed in 1987, identified several possible options for actions based an all the previous information. Of those identified, it was decided to proceed with a limited revitalization option of providing infratructure and housing assistance assa"ce to the existing residents in the @ern section only. On March 7, 1988, the Department of Housing, in its status report t4o City Council on the TARGET neighborhoods, stated the following in regard to Burton Station: "Water and Sewer Improvements were scheduled for 1992, Street and Drainage Improvements were not presented nor planned. After developing estimates for the water and sewer projec4 it was also not iynplemented for the following reasons: The high cost per unit of developing this infrastructure and providing the housing improvements at the time of the report was estimated to cost $28,000 per housing unit to provide water and sewer, in addition to approximately $26,000 for housing assistance. Even though copnpletion of this work would have improved the living conditions of the existing residents in the southern section only, it was felt that the existence of a very large amount of vacant land would have continued to create problems that would lead to further neighborhood decline. These problems included dumping on the vacant Land and easy access for criminals. Some of this vacant @ was and is owned by the Norfolk Port Authority and some is owned by residents as heir property that would prevent its transfer. Since the City could not use Federal funds to develop the and did not have a mechanism to guarantee its acquisition, the would have remained vacant. Since Federal Fundy could not be used to improve the roady, existing roadways might have remained in poor condition. In 1991, City Council authorized a series of meetings with neighborhood residents in order to discuss the possibilities of a relocation plan with residents. These meetings were held from July 1991 to June 1992 and cubninated in City Council ADOPTION on June 9, 1992, of a resolution requesting City Staff to develop a funding plan for the relocation of the residents and the development of Burton Station as an Industrial Area. The Plan ay approved in the 1992-1993 Capital Improvement Program and as reflected in the current CIP, includes Federal funds for relocation payments and City funds for the acquisition of property. The implementation of this project began in 1993 and is continuing today. January 2 1996 - 16 - Item IV-I BURTON STATION ITEM # 40238 (Continued) In 1994, the Norfolk Port Authority requested City Council grant it the right to use the power of Eminent Domain to acquire properties in the clear zone of Burton Station. City Council did not act to grant the NPIA's request. The Burton Station neighborhood needs to be considered as two areas, the IndustriaUy Zoned portion north of the railroad and the Residengiafly Zoned portion consisting of the balance of the neighborhood. During the last fourteen years, there has only once been discussed the possibility that any of the land north of the railroad tracks could be used for revita@on; however, this would have required a petition of the residents which way never done. It is useful to consider the remaining households to be @cted by the project ay oppayed to those who are property owners, but reside elsewhere. Many of the remaining households have already ewessed a willingness to sell their property to the City, but cannot due to title problems. The critical impactt on the Burton Station neighborhood has been and continues to be the establishment and expansion of the airport. Most of the obstacles to revitalization faced by the City since 1980 have had to do with the noise zone and airport ownership of land parcels necessary for revitalization. Although the neighborhood has been involved in extensive discussions with the City regarding these issues, the basic facts are Federal policy opposes new residential development in High Noise Zones around airports. Jim Lawson; Real Fstate Agent, advised the number of parcels in the City's Burton Station project area encompass 120 parcels which comprise appradmately 85 property owners. To-date, the City has acquired 30 parcels of land, depicted in "green" on the map. Twenty -three were occupied dwewngs and 7 were vacant land parcels. The Staff has contacted and made offers on all the properties in Burton Station except for 14 parcels. There have been 15 outright refusals where property owners have stated the funds offered were inadequate. These properties are depicted in "purple". Fifteen owners have indicated they would consider selling at the price offered However, these properties have title problems and are depicted in "orange". $2,081,369 has been expended for acquisition: $1,347,262 City Funds expended. $ 734,107 Relocation as (HUD) $ 73,240 Appraisals $3.3-MILLION is still available for acquisition in the project. Don Maxwell, Director of Economic Development advised there are 181 areas in the study applicable for condemnation. The yield would be approximately 132 acres of developable property. 7he primary uses would include warehousing, hght industrwl, research and development and once uses. Areas primarily would commence in the east by the Baker Road area, come back with light industrial and the warehousing functions to the north, with research and development activities in the central portio?; and primary office development would be in the Lake Wright area. This would result in approximately 7,000 jobs, $88-MILLION in capital investments and over $1.6-MLL[ON square feet added to the City's tax base. From 1968-1972, the average price per acre was approximately $4,600 per acre for aitport industrial property. In 1973-1987, the average price per acre at Oceana West Corporate Park $12,900. 7he acquisition costs at Corporate Landing from 1988-1990 was $35,800 per acre. Assistant City Attorney Gary Fentress advised condemnation is the taking of private property for public use. The City has the power to condemn property for public use. The proposed legislation merely contemplates an enlargement of the so called public uses for which condemnation may legitimately be exercised by including economic development as a proposed need or use, which justifies the exercise of the power. If the legislation is enacted, the City would be allowed to use condemnation as a tool to assemble properties in Burton Station for economic development purposes. The City would be compelled in all instances to pay the fair market value of the properties. January Z 1996 - 17 - Itein IV-J.1. ITEM # 40239 Mayor Oberndorf DECLARED A PUBLIC HEARING: "AMENDMENT PROPOSED TO THE CITY CHARTER RE POWER OF CONDEMNATION - ECONOMIC DEVELOPMENT The following spoke in OPPOSITION- Zelda E Joyner, 540 Crown Cresent, Chesapeakel 5933 Drum Lane, Virginia Beach Travis Baker, 5840 Burton Station Road, Phone: 464-3468 E. George Minns, President - NAACP Joyce Martin, 3632 Pamlico Circle, Norfolk, Virginia, Phone: 857-1184 Fred Cross, 6061 Clear Springs Road, Phone: 532-5450 Elizabeth Bradley, Phone: 548-1730 Kenneth C. 0. Cross, 351 Fort Worth Avenue #203, Norfolk Phone: 588-1184 James EIU@ Phone: 499- 7431 Mrs Floyd (Brenda) Cross, Route 1, Box 8552, Hertfor4 North Carolina (910) 426-1837 Jesse Nimmo, Phone: 629-7199 Willis Harold, Jr., Earl Hawkins Anne Hawkins Rose M. Marshall, 2080 Lyndora Road, Phone: 467-3407, Realtor Elder Tom Mllie Reverend Curtis Sutton Naomi Morgan Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, Robert L Garris Melvin Elliott Phyllis WWilloughby, 1187 Hillock Crossing, Phone: 434-581Z Real Estate Broker Jacqueline L Cross, 1005 Mains Creek Road, Chesapeake Eleanor R Elliot4 5859 Burton Station Road, Phone; 464-0260 Maxine Graham, Phone: 721-3000 Beverly A. W@use, 420 Cronin Road, Phone: 486-6420. &atement of Mrs. Woodhouse, faxed to the City Clerk on January 3, 1996, is hereby made a part of the record. Frank Barbonis, 127 Culver Lane, Phone: 427-6826 Colonel Robert Engesser, 5290 Vestry Drive, Phone: 499-3157 Robert Wysocki, 1309 Downs Lane, Phone: 363-9502, Mediator, offered assistance, did not register in support or opposition. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 2, 1996 - 18 - Item IV-J.2 ITEM # 40240 Mayor Oberndorf DECLARED A PUBLIC HEARING: AMENDMENT PROPOSED TO THE CITY CHARTER RE SCHOOL BOARD ELECTION DATE The following spoke in OPPOSITION.- Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Vickie Hendley, 1661 Darrow Street, Phone: 471-1568, President - Yirginia Beach Education Association There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January Z 1996 - 19 - Item IV-J.3.a. ITEM # 40241 Mayor Oberndorf DECLARED A PUBLIC HEARING: 3 REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEVPTION Conservation, Inc. following spoke in SUPPORT. J. Randolph Stokes, 550 East Main Street, #408, Norfolk Virginia 23510, Phone: 623-0777 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January Z 1996 - 20 - Item IV-J.3.b. ITEM # 40242 MaYor Oberndorf DECLARED A PUBLIC HEARING: 3 REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION Virginia Beach Technical and Career Education Foundation, Inc. The following spoke in SUPPORT. Attorney Steven J. Harwood McGuire, Woods, Battle and Boothe, Chairman of Virginia Beach Technwal Career Education Fowidation There being no further speakers, Mayor Obemdorf CLOSED THE PUBLIC HEARING. January 2, 1996 - 21 - Item IV-K 1. a. RESOLUTIONS ITEM # 40243 James Lawson, Real Fstate Agen4 referenced the correspondence of J. D. Banagan, Real Fstate Assessor, correspondence relative Burton station. The total assessments at Burton Station: FY 1991/92 - $6,072,O93 and FY 1995/96 - $5,709,410. Said letter is hereby made a part of the record. A motion was made by Council Lady Strayhom, seconded by Council Dean to DEFER until the City Council Session of January 9, 1996, Resolution to request the General Assembly AMEND certain sections of the City of Vwginia Beach Chartera. ADD a new Chapter 10 granting the City of Virginia Beach limited condemnation powers in the Burton Stadon area Said Motion was WITHDRAWN Mr. J. D. Banagan, Real Estate Assessor, will provide information on sales in Burton Station reflecting the zoning, the number of acres involved in each sale, whether a home was purchased, and all data which would encompass the factoring of the fair market value. The Grantor and Grantee shall also be listed. Upon motion by Councibnan Jones, seconded by Councilman Dean, City Council DEFERRED INDEFINITELY. Resolution to request the General Assembly AMEND certain sections of the City of Vwginia Beach Charter: a. ADD a new Chapter 10 granting the City of Virginia Beach limited condemnation powers in the Burton Station area. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf,Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent Nancy K Parker January 2, 1996 - 22 - Item IV-Kl.b. RESOLUTIONS ITEM # 40244 BY CONSENSUS, Cay Council REMOVED FROM THE DOCKET.- Resolution to request the General Assembly "END certain sections of the City of Virginia Beach Charter: b. Change School Board Elections from May to Nbvember, beginning in 1998 January 2, 1996 - 23 - Item IV-KZA. RESOLUTIONS ITEM # 40245 Upon by CounciL-nan Baum, seconded by Councibnan Branci% City Council DEFERRED until the City CouncU Session of January 9, 1996: Resolution to support legislation designating the following benevolent corporation re real and personal property state and local tax exemption: a. Conservation, Inc. Voting: 7-0 Council Members Voting Aye: John A Baum, Linwood 0 Brancl; III, Robert K Dear; Harold Heischober, Barbara M. Henley, Mayor Meyera E Oberndorf and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent Louis R Jones, William W Harrison, Jr., Nancy K Parker and Vice Mayor William D. Sessoms, Jr. January Z 1996 - 24 - Item IV-K.2B. RESOLUTIONS ITEM # 40246 upon motion by council Heischober, seconded by Council Baum, City Council ADOPTED: Resolution to support legislation designating the following benevolent corporation re real and personal property swe and local tax exemption: b. Virginia Beach Technical and Career Education Foundation, Inc. Voting: 6-0 Council Members Voting Aye: John A Baum, Linwood 0. Brancl; III, Robert K Dean, Harold Heischober, Barbara M. Henley and Mayor Meyera E Oberndorf Council Members Voting Nay: None Council Members Absent. Louis R. Jones, William W Harrison, Jr., Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom January Z 1996 1 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL 2 DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY 3 VIRGINIA BEACH TECHNICAL AND CAREER EDUCATION 4 FOUNDATION, INC. AS BEING EXEMPT FROM STATE 5 AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 6 WHEREAS, real property located in the City of Virginia 7 Beach and to be acquired by Virginia Beach Technical and Career 8 Education Foundation, Inc. is currently subject to ad valorem 9 taxation; 10 WHEREAS, Virginia Beach Technical and Career Education 11 Foundation, Inc. has requested the Council of the City of Virginia 12 Beach to adopt a resolution in support of its request that the 13 General Assembly act in accordance with Article X, S 6(a) (6) of the 14 Constitution of Virginia to designate the real and personal 15 property of Virginia Beach Technical and Career Education 16 Foundation, Inc. as being exempt from state and local real and 17 personal property taxation; is WHEREAS, Virginia Beach Technical and Career Education 19 Foundation, Inc. currently owns no real estate or personal 20 property; 21 WHEREAS, pursuant to S 30-19.04 of the Code of Virginia, 22 the Council of the City of Virginia Beach has held a public hearing 23 prior to the adoption of this Resolution and has given all citizens 24 an opportunity to be heard; 25 WHEREAS, the provisions of S 30-19.04 of the Code of 26 Virginia have been examined and considered by the Council of the 27 City of Virginia Beach; and 28 WHEREAS, the Council of the City of Virginia Beach is of 29 the opinion that Virginia Beach Technical and Career Education 30 Foundation, Inc. should be designated as a benevolent corporation 31 within the context of S 6 (a) (6) of Article X of the Constitution of 32 Virginia and that real and personal property located in the City of 33 Virginia Beach owned by Virginia Beach Technical and Career 34 Education Foundation, Inc. and used by it exclusively for 35 benevolent purposes on a nonprofit basis should be exempt from 36 state and local real and personal property taxation. 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 That the Council of the City of Virginia Beach supports 40 the enactment of legislation involving the designation of Virginia 41 Beach Technical and Career Education Foundation, Inc. as a 42 benevolent corporation within the context of S 6(a)(6) of Article 43 X of the Constitution of Virginia and that real and personal 44 property owned by Virginia Beach Technical and Career Education 45 Foundation, Inc. which is located within the City of Virginia Beach 46 and used exclusively for benevolent purposes on a nonprofit basis, 47 be declared exempt from state and local real and personal property 48 taxation. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the 2 day of January 1996. 51 CA-6175 52 ORDIN\NONCODE\TECHED.RES 53 R-1 54 PREPARED: 12/21/95 55 APPROVED AS TO LEGAL 56 SUFFICIENCY 57 58 Department of Law 2 - 25 - Item IV-K3. RESOLUTIONS ITEM # 40247 Upon motion by Vice Mayor Sessoms, seconded by Councilman Brancl; City Council ADOPTED, AS REVISED: Resolution re Beach Eromon Control and Hurricane Protechon Project In the second WHEREAS, the funding total way eliminated as this estimate was made apprctximately 112 year ago. Tte final estimate will be presented to City Council in a Briefing. The last paragraph Section 2 has been revised to state: "The City Manager is authorized to advise the Norfolk District, U.S. Army Corps of Engineers, that the City will execute the agreement after such outstanding legal issues have been resolved Voting: 9-0 Council Members Voting Aye: John A Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold Heischober, Barbara M Hen@, Louis R Jones, Mayor Meyera E Oberndorf Vzce Mayor Wilitam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Robert K. Dean Council Members Absent Nancy K. Parker Councilman Dean ABSTAINED due to lack of information. This item was BROUGHTrFORWARD prior to the PUBLIC HEARING AMENDMENT to the Charter re School Board Elections from May to November beginning in 1998. January Z 1996 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVISE THE CORPS OF ENGINEERS OF THE CITY'S WILLINGNESS TO ENTER INTO A PROJECT COOPERATION AGREEMENT FOR THE VIRGINIA BEACH EROSION CONTROL AND HURRICANE PROTECTION PROJECT WHEREAS the City Council has determined that the Virginia Beach Erosion Control and Hurricane Protection Project (Project) as developed by the Norfolk District, U.S. Army Corps of Engineers is a meritorious project, WHEREAS the City Council included the project in the FY 1995-1996 Capital Improvement Program, CIP 2-704, WHEREAS in order to proceed with the project certain legal agreements must be prepared and entered into between the Corps of Engineers and the City of Virginia Beach, WHEREAS the Corps of Engineers has worked with City staff to prepare the Project Cooperation Agreement, WHEREAS certain language in the draft Project Cooperation Agreement is customary and usual for such an agreement, WHEREAS City staff and the City Attorney are continuing to work with the Corps of Engineers with respect to certain provisions of the Project Cooperation Agreement, WHEREAS the Norfolk District Engineer has requested the City to advise whether it will be agreeable to execute the Project Cooperation Agreement in the Spring of 1996. WHEREAS pending resolution of all outstanding legal issues the City Council contemplates approving the City's execution of the Project Cooperation Agreement. NOW THEREFORE be it resolved by the Council of the City of Virginia Beach that, 1) The City staff and the City Attorney shall continue to work with the Corps of Engineers to resolve all outstanding legal issues pertinent to the Project Cooperation Agreement and that, 2) The City Manager is authorized to advise the Norfolk District, U.S. Army Corps of Engineers, that the City will execute the agreement after such outstanding legal issues have been resolved. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of Jan., 1996. Revised 12/29/95 - 26 - Item IV-K.4. RESOLUTIONS ITEM # 40248 Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council ADOPTED, AS REVISED: Resolution to appoint Mark T. Del Duca as Assistant City Attorney. *This Resolution shall be effective February 1, 1996, not January 16, 1996. Voting: 7-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, Harold Heischober, Barbara M Henley, Mayor Meyera E Oberndorf and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent William W. Harrison, Jr., Nancy K Parker, Louis R. Jones and Vice Mayor William D. Sessoms, Jr. January 2, 1996 1 A RESOLUTION TO APPOINT 2 MARK T. DEL DUCA AS 3 ASSISTANT CITY ATTORNEY 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That pursuant to § 2-166 of the Code of the City of 7 Virginia Beach, Virginia, Mark T. Del Duca is hereby appointed the 8 position of Assistant City Attorney, effective February 1, 1996. 9 Adopted by the Council of the City of Virginia Beach, 10 Virginia, on the 2 day of January 1996. 11 CA-6184 12 ORDIN\NONCODE\DELDUCA.RES 13 R-2 14 PREPARED: 12/28/95 15 APPROVED AS TO LEGAL 16 SUFFICIENCY 17 18 - 27 - Item IV-M-1. APPOINTMENT ITEM # 40249 upon NOMINATION by Councibnan Heischober, City Council APPOINTED: PLANNING COMMISSION Charles Salle' 4-Year Term Ol/01/96 thru 12/31/99 Voting: 6-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M. Henky, Mayor Meyera E. Obemdorf and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dear; William W. Harrison, Jr., Nancy K Parker, Louis P, Jones and Vice Mayor William D. Sessoms, Jr, January Z 1996 - 28 - Item IV-0. ADJOURNMENT ITEM # 40250 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:05 P.M.. Beverly O. Hooks, cmc Chief Deputy City Clerk --- -------------------------- Ruth Hodges Smith, CMC/AAE Meyera E Oberndorf City Clerk Mayor City of lrirginia Beach lrzrginia January 2, 1996