FEBRUARY 4, 1997 MINUTESCity of Virginia Beach
"WORLD'~ LARGEST RE~ORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOM$, JR, At Large
JOHN A BAUM, Blackwatet Bomulh
LIN~/OOD 0 BRANCH I!1 V, rgm~a Beach BorouRh
~/ILI. JAM l)d HARRISON, JR, L.vnnhat, en Borouih
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY, P. ngo Boroujlh
LOUIS R JONES, Bays~de Borough
REBA S McCLANAN, P~ncess Anne Borough
NANCY K PARKER, At Large
LOUISA M STRAYHORN, Kemps'v~lle Borough
]AMES K SPORE, Cay Manager
LESLIE L LILLEY, Cay Attorney
RUTH HODGES SMITH, CMC / AAE Cay Clerh
CITY COUNCIL AGENDA
February 4, 1997
, OUR #~.
CI7 ¥ tlALL BUILDING
2401 ( OURIHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456 9005
1757~ 427 4303
I ·
CITY MANAGER'S BRIEFING - Conference Room -
A. RESORT TRANSIT STUDY (TROLLEY) Mark Niles, BRW, Inc.
11:00 ~
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV.
INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
12:30 AN
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V·
FORMAL SESSION - Council Chamber -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
2:00 PM
B. INVOCATION:
Reverend William M. Shelton, DD
Wycliffe Presbyterian 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 28, 1997
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by ont motion.
I. RESOLUTIONS/ORDINANCES
i ·
Resolution re a policy for sharing certain General Fund
Revenues between the City and the Virginia Beach School Board.
Deferred:
7 January 1997
.
Resolution to describe the Sandbridge Beach Nourishment
Project between the Dam Neck Naval Training Facility and the
Back Bay National Wildlife Refuge; and, clarify and express
intent re the vesting clause with the U.S. Army Corps of
Engineers for the Easement Agreements and federal, state and
local funding for future nourishment.
·
Ordinance to REPEAL Chapter 4, Article IV of the City Code re
bingo games and raffles.
.
Ordinance to authorize license refunds in the amount of
$57,330.39.
5. Ordinance to authorize tax refunds in the amount of $557.79.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
* * * * * * * * * *
If you are physically disabled 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)
01/30/97cmd
AGENDA\02\04\97. ITM
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 4, 1997
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, February
4, 1997, at 11:00.4. M.
Council Members Present:
Linwood O. Branct~ III, William W. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy lC Parker
Council Members Absent:
Vice Mayor William D. Sessorns, Jr.
[ENTERED: 11:48 A.M.]
John A. Baton
HaroM Heischober
Louis R. Jon es
[EPA HEatRING IN WASHINGTON, D.C.
RE LAKE GASTON]
[OUT OF CITY ON B USINEXV]
[EPA HEARING IN WASHINGTON, D.C.
RE LAKE GASTON]
Louisa M. Strayhorn [ENTERED: 11:35 A.M.]
-2-
CITY MANAGER'S BRIEFING
RESORT TRANSIT STUDY (TROLLEY)
II:00 A34.
ITEM # 41714
Dale R~ Castellow, Transportation Planning Co-Ordinator, advised that City Council had requested Staff
to work with TRT to prepare a Resort Area Transit Study. TRT contracted with BRW, INC. Mr.
Castellow introduced Mark Niles.
Mark Niles, BRW, Inc., distributed the study, which is hereby made a part of the record and, with the
utilization of slides, depicted the NEEDS ASSESSMENT:
Review of Operating Data and Characteristics
Review of Area and Visitor Characteristics
Peer Review of Similar Systems
Discussions with Stakeholders
Field Review During Peak Season
BRW investigated eight other systems with Resort Area Travel Service: Myrtle Beach, South Carolina;
Wildwood, New Jersey; Clearwater Beach, Florida; Daytona Beach, Florida; Orlando, Florida,; Corpus
Christi, Texas; Pensacola, Florida; and, Ocean City, Maryland. Virginia Beach appears to be average.
~ ii ii
Resort ~.rea Peak ,4vg. Headway Avg ~4verage Fares Fund Issues and
Vehicles Datly (Mms) Wage/ O&M Sources Unique
Riders Hr. V'eh./Hr Charac-
teristics
Virginia Beach, 11 862 10-15 5.50 $2Z$0 $,$O/RvL Local Bunching
Va. General of vehicles
Revenue during
F'DOT, congested
condittons,
poor
perceptton
Of ser~tce
hospitality
providers
and
visttors.
SYSTEM NEEDS
Improved Trolley Routings and Service Levels
Strategies to Maintain System Headways and Reliability
Customer Service Improvements
System Promotion and Information Dissemination
The different Alternatives were evaluated according to Technical Feasibility, Financial Feasibility, Ease
of Implementation and Institutional Arrangements. Mr. Niles displayed the matrix summarizing these
alternatives:
AL TERNA TIVES
TROLLEY ROUTES AND SERVICES LEVELS
Museum Route Extension
Increase Museum Route Frequency
Increase Atlantic Trolley Frequency
Pavilion Trolley Connection
Multimodal Center at 19th Street.
February 4, 1997
-3-
CITY MANAGER'S BRIEFING
RESORT TRANSIT S~DY (TROLLEY)
ITEM # 41714 (Continued)
AL TERNA TIVES
(Continued)
SYSTEM SCHEDULE AND HEADWAYS - SHORT TERM IMPROVEMENTS
Field Supervisors and Communications
Temporary Reserved Trolley Lanes
Move Atlantic Trolley to Pacific Avenue
SYSTEM SCHEDULE AND HEADWAYS - LONG TERM IMPROVEMENTS
Boardwalk Tram Service
Permanent Exclusive Trolley Lanes
CUSTOMER SERVICE IMPROVEMENTS
Customer Service Training
Incentives for Customer Service
Retaining Quality Trolley Drivers
MARKETING AND PROMOTION
Eliminate Fares
Use of Tokens
Increase System Visibility
COST ESTIMATES OF THE PHASED IMPROVEMENTS
Phase 1 Improvements Q & M Costs Increase Capital Cost Increase
Field Supervisors
Temporary Reserved Lanes
Financial Incentives for
Customer Services
Introduction of Discount ($. 10)
Tokens
Increase System Visibility
Total Phase I
$ 30,000
$16,300
$ 4,000
$ 40,000
$ 0
$ 90,300
0
12,530
0
$ 0
32,000
44,$3o
Phase 2 Improvements
Museum Route Extension
Pavilion Connection
Pullout Construction
Customer Service Training
Strategies to Retain Quality
Drivers
Fare Elimination
Phase 1 Improvements*
Total After Phase 2
M Costs
55,000
$ lS,6oo
620
40,000
$ 85,000
$ 50,300
$249,$20
cost of $40,000 which is covered
Capital Cost Increase
$ 250,000
$ 250,00o
$180,000
$ 0
$ 0
$ 68o, ooo
ter fare elimination in Phase 2.
February 4, 1997
-4-
CITY MANAGER'S BRIEFING
RESORT TRANSIT STUDY ~ROLLEY)
ITEM#41714 (Continued)
Mr. Niles displayed Phase 1, Phase 2 and Phase 3 Recommended Improvements.
Rob Hudome, Resort Manager - Convention and Visitor Development, advised City Staff has briefed all
the Resort Area associations: Resort Area Advisory Commission, Resort Leadership Council, Hotel -Motel
Association, Restaurant and Retail Association. The general consensus is the traffic on Atlantic Avenue
does not serve passenger vehicles or trolleys very well and they would like to have an alternative
transportation system. Therefore, these Associations have endorsed this Phase 1 Plan in concept and
requested additional details relative the reserved trolley lanes, the exact times and the implementation of
same. The Civic Leagues have not been briefed relative this concept. The Museum Route Extension was
missing from Phase 1, but this is being planned for implementation. These Associations have endorsed
this extension. The R,4AC did approve use of TGIF funding for possibly one year. However, this is not
their preferred method of financing.
Dale Castellow advised if you park in a City parking facility you receive four free tokens. This program
can be expanded with a promotion and visibility concept so the visitor does not have to ask for the tokens.
February 4, 1997
-5-
,4 GENDA RE VIEW SESSION
12:08 P.M.
ITEM # 41715
Vice Mayor Sessoms referenced the recommendation to DEFER:
LI
Resolution re a policy for sharing certain General Fund
Revenues between the City and the Virginia Beach School
Board.
ITEM # 41716
Council Ixtdy Henley inquired relative:
1.2
Resolution to describe the Sandbridge Beach Nourishment
Project between the Dam Neck Naval Training Facility and the
Back Bay National Wildlife Refuge; and, clarify and express
intent re the vesting clause with the U.S. Army Corps of
Engineers for the Easement Agreements and federal, state and
local funding for future nourishment.
Council Lady Henley advised last year the funds were authorized to be transferred from the Special Tax
District to the Army Corps of Engineers to complete the work, but this was not necessary as funds were
forthcoming. These funds are still within the Sandbridge Tax District. The City Manager advised this
Resolution would not have to be rescinded. If there is no sand projecg the funds that have been collected
from the districts will be refunded to the people, but that has never been clarified in writing. The City
Manager advised this can be brought forward when the City acts on the Project Cooperation Agreement.
Council Lady Strayhorn referenced a citizen inquiry if Sandbridge does not receive the Federal Funding
would they as citizens be able to "push" sand in pre-hurricane season or after hurricane season. They
wished to have the right to protect their property. The City Manager advised of a procedure on an
emergency basis, the citizen may receive a permit in an expedited manner. The City cannot have just
random reshaping of the beach, there must be some notification and coordination. Assistant City Attorney
Gary Fentress advised correspondence from the City Attorney to the Mayor and City Council and E. L.
Hamm, addressing some of these issues. Said letters are hereby made a part of the record.
ITEM # 41717
Council Ixtdy McClanan inquired relative today's newspaper article, February 4, 1997, which stated the
City is exempt from the Bill pending in the General Assembly as the City is expending funds in excess of
$100,000. The City has no responsibility in relation to Bingo and Raffles. Why would the City still need
permission from the General Assembly to appropriate funds?
L3. Ordinance to REPEAL Chapter 4, Article II'of the City Code
re bingo games and raffles.
Assistant City Attorney Randy Blow advised during the 1995 Session, the General Assembly adopted
legislation, effective July 1, 1996, which repealed the authority of local governing bodies to regulate bingo
games and raffles and vested control of all charitable gaming in the Commonwealth of Virginia Charitable
Gaming Commission. There may be administrative items which the City will still continue to do; however,
in terms of actual code provisions outlining the City's regulatory authority, the City has no regulatory
authority. The delay in bringing this matter to the Council for its formal action is due to the fact that the
Commissioner of the Revenue retained some responsibility for continuing to audit those operations of local
bingo/raffle organizations, which occurred prior to July 1, 1996. All outstanding bingo/raffle accounts
have now ben audited for the last time at the local level and, therefore, it would be appropriate to move
forward with repeal of the City's bingo and raffle-related provisions.
This item will be DEFERRED until the City Council Session of February 11, 1997, to enable response
as to why the City requested permission of the General Assembly to continue spending funds on bingo,
if the City is no longer responsible.
February 4, 1997
-6-
AGENDA REVIEW SESSION
ITEM # 41718
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOLUTIONS~ORDINANCES
L2. Resolution to describe the Sandbridge Beach Nourishment Project between the Dam
Neck Naval Training Facility and the Back Bay National Wildlife Refuge; and,
clarify and express intent re the vesting clause with the U.S. Army Corps of
Engineers for the Easement Agreements and federal, state and local funding for
future nourishment.
L3. Ordinance to REPEAL Chapter 4, Article IV of the City Code
re bingo games and raffles.
L4. Ordinance to authorize license refunds in the amount of
$$7,$$0.$9.
1.5. Ordinance to authorize tax refunds in the amount of $557.79.
Item 1.3. will be DEFERRED BY CONSENSUS until the City Council Session of February 11, 1997.
February 4, 1997
-7-
CITY COUNCIL CONCERNS
12:$2 P.M.
ITEM # 41719
Council Lady Parker advised the General Assembly is considering two Bills which authorize the Virginia
Department of Transportation to permit the "trimming" of trees which block motorists' view of billboards
along certain highways. The language of each Bill makes it clear that the term "trimming ~ includes cutting
down and removal of trees. One Bill (HB 2604) protects trees greater than 4 inches in diameter, while
the other (HB 2394)protects trees greater than 9 inches in diameter. Both Bills wouM only apply to roads
within the City which are (1) interstate highways (2) federal-aid primary highways as'of June 1, 1996,
or (3) national system highways. Within the City, such roads include 1-64, Routes 13 and 44, Shore
Drive, Atlantic Avenue between 31st Street and Shore Drive, Independence Boulevard, part of Oceana
Boulevard (generally that portion of it abutting NAS Oceana) and, eventually, the Southeastern Parkway
and Greenbelt. Council Lady Parker requested a Resolution in OPPOSITION to these House Bills be
ADDED to the AGENDA.
ITEM # 41720
Mayor Oberndorf inquired if City Council was receiving faxes from the Virginia Municipal League re the
easement area and the communications companies. The VML has requested each elected official to
contact a member of the Legislature to advise them how devastating this legislation couM be to a City's
budget.
Mayor Oberndoff referenced the Resolution opposing the enactment of proposed legislation effectively
divesting Virginia localities of the right to be compensated for the use of rights-of-way by Telephone
Companies ADOPTED by City Council on January 28, 199Z
There was a full committee meeting on Saturday, February 2, 199Z
February 4, 1997
-8-
ITEM # 41721
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, February 4, 1997, at
12:25 P.M.
Council Members Present:
Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
John A. Baum, HaroM Heischober and Louis 1~ Jones
February 4, 1997
-9-
ITEM # 41722
Mayor Meyera E. Oberndorf,, entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of V~rginia, as amended, for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
Acquisition of Property
Virginia Beach Borough
Sandbridge Recreation Easements
Acquisition/Disposition of Property
Pungo Borough
LEG~ MA~ERS: 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).
Contract Negotiation - Recycling
Trigon Claims
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council voted to proceed
into EXECUTII~ SESSION.
Voting: 8-0
Council Members Voting Aye:
Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, 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:
John A. Baurn, Harold Heischober and Louis R. Jones
February 4, 1997
- 10-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
February 4, 1997
2:15 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, City Hall Building, on Tuesday, February 4, 1997, at 2 15 P.M
Counctl Members Present.
Ltnwood O. Branch, III, Wtlliam W. Harrtson, Jr, Barbara M Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce
Mayor Wilham D. Sessoms, Jr. and Louisa M Strayhorn
Counctl Members Absent.
John A Baum
Harold Hetschober
Louts R Jones
[EPA HEARING IN WASHINGTON, D.C.
RE LAKE GASTON]
[OUT OF CI~ ON BUSINESS]
[EPA HEARING IN WASHINGTON, D C.
RE LAKE GASTON]
INVOCATION'
Dr. T E Thieman
Chaplatn
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, being a Corporate Officer of Central Ftdehty Bank, disclosed there were no matters
on the agenda in whtch he has a "personal interest", as defined in the Act, etther individually or in hts
capactty as an officer of Central Ftdelity Bank The Vtce Mayor regularly makes thts Dtsclosure as he may
or may not know of the Bank's tnterest in any application that may come before Ctty Counctl Vtce Mayor
Sessoms' letter of January 1, 1997, ts hereby made a part of the record
February 4, 1997
- 11 -
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 41723
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE 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;
Only such public business matters as were identified in the motkm
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 8-0
Council Members Voting Aye:
Linwood O. Branch, III, William W. Harrison, Jr., Barbara M Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Harold Heischober and Louis R. Jones
February 4, 1997
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 # 41722 Page No. 9 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, Co) 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.
Rut~ Hodges Smith, C~MC/AAE
City Clerk
February 4, 1997
- 12 -
Item V- F. I
MINUTES
ITEM # 41724
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of January 28, 1997, AS AMENDED:
Page 43 ITEM # 41706
ORDINANCE UPON APPLICATION OF LITCHFIELD MANOR,
INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITiONAL R-
7.5 Z01971061
The .following directions shall be DELETED from the Minutes of
Litchfield Manor, as they only apply to the Rollingwood, L.L.C.
application.
City Council directed that during Subdivision Review, the Staff:
Ensure the applicant provide right turn movement into Kellam
High School from the west with a temporary access along the
Ferrell Parkway right-of-way.
b. The interior traffic circulation shall be coordinated as per the
Site Improvement Map dated November 11, 1996.
c. Ensure that residential subdivision will connect with ingress
and egress roads to Kellam High School.
Gooseberry Drive shall be closed between Holland Woods and
Rollingwood Subdivisions until such time as the improvements
to Holland Road and Ferrell Parkway are complete. At that
time, the closing of Gooseberry Drive shall be at the discretion
of City Council.
Tree protection along Holland Road, adjacent to the
Rollingwood Subdivision, shall be coordinated to save the
maximum number of trees in that area.
Voting: 8-0
Council Members Voting Aye:
Linwood O. Branch, III, ~illiam W. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Harold Heischober and Louis R. Jones
February 4, 1997
- 13 -
Item V-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 41725
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following Resolution shall be ADDED TO THE AGENDA:
Resolution opposing HB 2394 and HB 2604 re trimming of trees which
"block motorists' view of billboards".
February 4, 1997
- 14 -
Item I/-G. 2.
ADD -ON
ITEM # 41726
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council ADDED TO THE
AGENDA:
Resolution opposing HB 2394 and HB 2604 re trimming of trees which
"block motorists' view of billboards".
Voting: 8-0
Council Members Voting Aye:
Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Harold Heischober and Louis R. Jones
February 4, 1997
- 15 -
Item V'-L
CONSENT AGENDA
RESOL UTIONS/ORDINANCES
ITEM # 41727
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
BY CONSENT in ONE MOTION Items 1, 2, 3, 4 and 5 of Resolutions/Ordinances
Item J. L1. was DEFERRED BY CONSENT until the City Council Session of February 11, 1997.
Item J. L3. was DEFERRED BY CONSENT until the City Council Session of February 11, 1997.
Voting: 8-0
Council Members l/oting Aye:
Linwood O. Branch, III, William W.. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy tC Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Harold Heischober and Louis R. Jones
Council Lady Parker VERBALLY ABSTAINED on L2 as she had voted against this project previously.
February 4, 1997
- 16 -
Item V-L1.
CONSENT AGENDA
RESOLUTIONS/ORDINANCES
ITEM # 41728
The following registered to speak and expressed concerns:
Krishra Mukkamala, 2325 Londale Court, Phone: 471-7632
Hannah Cheadle, 3015 Little Island Road, Phone: 721-2154
Richard McKa'nney, 2605 Ridley Place, Phone: 481-6566
Laree Brantley, 4614 Savory Court, Phone: 499-2657
Michael Hamar, 1597 Bay Point Drive, Phone: 481-9214, President - Virginia Beach Association for
the Gifted and Talented.
Upon motion by Vice Mayor Sessoms, seconded by Council lxtdy Strayhorn, City Council DEFERRED
TO THE 11 FEBRUARY 1997 CITY COUNCIL SESSION:
Resolution re a policy for sharing certain General Fund Revenues
between the City and the Virginia Beach School Board.
Voting:
8-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members .4bsent:
John ,4. Baum, Harold Heischober and Louis 1~ Jones
February 4, 1997
-17-
Item V-L2.
CONSENT AGENDA
~SOL UTIONS/ORDINANCES
ITEM it 41729
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Resolution to describe the Sandbridge Beach Nourishment Project
between the Dam Neck Naval Training Facility and the Back Bay
National Wildlife Refuge; and, clarify and express intent re the vesting
clause with the U.S. Army Corps of Engineers for the Easement
Agreements and federal, state and local funding for future nourishment.
7-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branc& III, William W. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndoff, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy IC Parker
Council Members Absent:
John A. Baum, Harold Heischober and Louis R. Jones
Council Lady Parker VERBALLY ABSTAINED on L2 as she had voted against this project previously.
February 4, 1997
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
35
36
37
38
39
40
RESOLUTION DESCRIBING THE SANDBRIDGE
BEACH NOURISHMENT PROJECT AND
CLARIFYING AND EXPRESSING INTENT AS
TO THE VESTING CLAUSE OF THE
EASEMENT AGREEMENTS AND EXPRESS
INTENT TO SEEK FUTURE NOURISHMENT
FUNDING
Whereas the City Council pursuant to certain conditions
precedent has expressed its intent to support and appropriate funds
for a one-time City-funded, federally sponsored, emergency beach
nourishment project at Sandbridge; and
Whereas certain Sandbridge oceanfront property owners have
requested the City Council to clarify aspects of the project and
the easement agreements which establish a public beach necessary
for construction of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the project contemplated will restore a length of beach
approximately five miles long from the Dam Neck Naval Training
Facility (Dam Neck) to the Back Bay National Wildlife Refuge (Back
Bay Refuge) by constructing a 50 foot wide beach berm at elevation
6 feet National Geodetic Vertical Datum with a i on 20 slope to the
edge of water, thus creating from the recreation easement line
seaward, a sand beach approximately 170 feet wide at mid-tide. The
elevation and width of the berm and thus the width of the sand
beach may differ from the above based upon bid prices received, but
in all cases, and to the extent possible, the project will be
constructed to provide a uniform and continuous beach width seaward
of the easement line from Dam Neck to the Back Bay Refuge.
BE IT FURTHER RESOLVED:
That certain property owners have inquired as to the status of
the vesting clause of the public recreation and construction
easements--and the City Attorney has advised the Council and the
Council concurs that upon execution of a Project Cooperation
Agreement (PCA) between the City and the Army Corps of Engineers
the recreation and construction easements will vest in the public,
and that execution of a PCA is indicative that all conditions of
the Army Corps of Engineers and the City Council for construction
of the project have been satisfied including the appropriation of
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funds, but if for any reason subsequent to execution of the PCA and
vesting of the easements the project is not constructed and is
abandoned by the City, the City will release all public recreation
and construction easements which were received for the purpose of
enabling construction of the project.
BE IT ALSO RESOLVED:
That the Council has previously passed its resolution advising
that the proposed project described herein is a one-time, one-
hundred percent locally funded effort, but herein affirms its
previous resolve to continue to pursue in concert with the City's
Congressional and State delegations, federal and state funding for
this project and for future periodic renourishment of Sandbridge
Beach.
Adopted by the Council of the City of Virginia Beach, Virginia
this 4TH day of FEBRUARY , 1997.
CA-6541
Noncode\ Sandbrid. Res
R-4
01/30/97
Department of Worl~
APPROVED AS TO LEGAL
SUFFICIENCY
- 18 -
Item V-L 3.
CONSENT AGENDA
RESOLUTIONS~ORDINANCES
ITEM # 41730
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council DEFERRED
TO THE 11 FEBRUARY 1997 CITY COUNCIL SESSION:
Ordinance to REPEAL Chapter 4, Article IV of the City Code re bingo
games and raffles.
Voting:
8-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Harold Heischober and Louis R. Jones
February 4, 1997
- 19 -
Item V-L4.
CONSENT AGENDA
RES OL UTIONS /ORDINANCES
ITEM # 41731
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to authorize license refunds in the amount of $57,330.39 upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
I/bting:
8-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, William W.. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Harold Heischober and Louis R. Jones
February 4, 1997
FOI~¢ NO CA IHEV 3~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcations for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Beach Fed Mortgage Corporation
2101 Parks Avenue S-400
V~rgm~a Beach VA 23451
1994-95 Audit 5,763 41
Gamma Construction Co, Inc
P O Box 22047
Houston TX 77227
1994 Audit 1,887 56
Government Technology Services Inc
4100 Lafayette Center Dnve
ChantHly VA 22021 1994-96
HHItop Yogurt Inc
8946 T~dewater Dnve
Norfolk VA 23503
Audit 49,384 08
1994 Audit 64 29
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $57,099 34
of the C~ty of V~rglnla Beach on the Fourth
5,763 41
1,887 56
49,384 08
64 29
Cerhfled as to Payment
~ert P Vaughan,~__~-
Comm~smoner of the--Revenue
Approved as to form
L el~'~ L'-Lilley
C~ty Attorney
were approved by the Council
day of Februarv
,19 97
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 certification
of the Commissioner of the Revenue are hereby approved'
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
M~Ja Inc
3244 Bowcreek Blvd
V~rg~n~a Beach VA 234552
Turnqu~st V~ctor H Jr
3209 Jade Court #204
V~rg~n~a Beach VA 23451
1997 01-03-97 200 00
1994-95 Audit 31 05
200 00
31 O5
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $231 05
of the C~ty of V~rg~n~a Beach on the Fourth
Cerbfled as to Payment
(..~.......~cto6'ert P Vaug~__.//
Commissioner of the Revenue
Approved as to form
Les"~ffe'l_ L,Ile~" ~'' //
C~ty Attorney
were approved by the Council
day of February
,19 97
Ruth Hodges Smith
City Clerk
- 20 -
Item V-l. 5.
CONSENT AGENDA
RESOLUTIONS/ORDINANCES
ITEM it 41732
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to authorize tax refunds in the amount of $557.79 upon
application of certain persons and upon certification of the City
Treasurer.
Voting:
8-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baton, Harold Heischober and Louis R. Jones
February 4, 1997
1/23/97 EMC
ORM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Date Penalty Int.
NAME Year of Tax Number tion No. Paid
Total
George & Leopoldine Phillips 97
Isaac B & Patricia Steward 97
Leon B & Arlene S Carter 97
Constance P Bohannon 97
Bonnie B Sullivan 89
RE(l/2) 095212-8 11/14/96 254.98
RE(I/2) 134165-2 12/31/96 80.07
RE(l/2) 019571-3 12/18/96 46.30
RE(l/2) 011122-4 1/7/97 92.34
PP 179870-2 5/1/96 84.10
Total
557.79
This ordinance shall be effective from date of adoption.
T h~ 5~i:~v~9abateme n t(s) total,ng
· were approved by
the Council of the City of Virginia
Beach on the 4 day of Febz'uaz'¥~. 1997
Ruth Hodges Smith
C~ty Clerk
Ce!
Joh~
Ti'A~:ln Pa~~~surer
Approved as to form:
l'esh~' L. L~lley, Cit~Att~
- 21 -
Item V-L6.
CONSENT AGENDA
RESOL UTIONS/ORDINANCES
ITEM # 41733
ADD-ON
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Resolution opposing HB 2394 and HB 2604 re trimming of trees which
"block motorists' view of billboards".
Voting:
8-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Harold Heischober and Louis 1~ Jones
February 4, 1997
Requested by Councilmember Nancy K. Parker
A RESOLUTION REQUESTING THE GENERAL ASSEMBLY
NOT TO ENACT AND, IF NECESSARY, THE GOVERNOR
TO VETO, LEGISLATION AUTHORIZING THE CUTTING
OF TREES ALONG HIGHWAYS
WHEREAS, the General Assembly is considering House Bill No.
2394 and House Bill No. 2604 during the current session; and
WHEREAS, both bills would authorize the Virginia Department of
Transportation to authorize the cutting down of certain trees
obstructing motorists' views of outdoor advertising structures
lawfully erected along certain highways; and
WHEREAS, trees enhance and promote the beauty of the City of
Virginia Beach, while outdoor advertising structures detract from
the City's appearance; and
WHEREAS, it is the sense of the City Council that trees should
not be trimmed or cut down to provide greater visibility for
outdoor advertising structures;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the General Assembly is hereby requested not to enact
either of the aforesaid bills and, if either bill is enacted, the
Governor is hereby requested to veto such bill.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Clerk is hereby directed to transmit a copy of
this Resolution to the Governor and to each member of the City's
General Assembly delegation.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 4th day of February , 1997.
CA-97-6547
wmordres \ bi 1 lboard, res
R-1
January 31, 1997
Bill Tracking - 1997 session - IVfier~ofl Internet Explorer Page I of I
978263442
HOUSE BILL NO. 2604
House Amendments in [ ] -- January 30, 1997
,4 BILL to amend the Code of V~rgmta by adding a section numbered $$.1-$?1. L relating to control of certain
vegetation on highway rtghts-of-way.
Patrons-- Ruff, Albo, Baker, Behm, Bennett, Bryant, Callahan, Cantor, Chnstian, Clement, Cooper, Councili,
Cranwell, Crittenden, Crouch, Darner, Davies, DeBoer, Deeds, I~amonstem, Dickinson, Dillard, Drake, Dudley,
Griffith, Gust, Hargrove, $ohnson, Katzen, Keating, Kilgore, Melvin, Moore, Nelm~, Nixon, Orroek, Parfish, Phillips,
Puller, Re~d, Robinson, Rust, Stump, Tare, Thomas, Wardrup, Weatherholtz and Wooch'um, Senators' Barry, Bolling,
Chiehester, Colgan, Farley, Edwards, Hawkins, Holland, Houek, Lambert, Lucas, Martm, Maxwell, Miller, K O.,
Miller, Y B., Newman, Norment, Quayle, Reasor, Reynolds, Saslaw, Stolle, Stoseh, Trumbo, Wampler and Woods
Referred to Comnuttee on Transportahon
Be ~t enacted by the General Assembly of Virginia'
I That the Code of Vtrgtma ~s amended by adding a secUon numbered 33 1-371 I as follows
~33.1-371.1. Control of certain vegetation.
The Department shall by permtt authorize the selectwe trimming of vegetation obstructing motortsts' views of
outdoor aclverttstng structures lawful~ erected along a htghway. No trees more than [-rnne-four ] mches tn dtameter
shall be cut down or removed unless they are diseased or unstght~, or they endanger the health or retard the
growth of other desirable vegetation.
The Department shall adopt regulattons not tn conflict with the provisions of this sectton to govern the issuance of
permtts under this section
.~.. Go to (General Assembly Home)
Friday, January 31, 1997 9 26 AM
Bdl Tracking - 1997 session - l~e~,x~fi Intemet Explorer Page 1 of I
974886322
HOUSE BILL NO. 2394
Offered January 20, 1997
,4 BILL to amend the Code of Virgtnia by adding a section numbered 3.1-3 71.1, relating to control of certain
vegetation on highway rtghts-of, way.
Palxons- Kilgore and Tat~
Referred to Committee on Agricultur~
Be ~t enacted by the General Assembly of V~rguua
I That the Code ofVtrgtma ~s amended by addmg a secUon numbered 3 1-371 I as follows.
~3.3 1-371 1. Control of certatn vegetation.
The Department shall by permit authorize the selecttve trtmmmg of vegetation obstructing motortsts' views of
outdoor adverttstng structures lawful~ erected along a highway No trees more than nine tnches tn dtameter shall
be cut down or removed unless they are diseased or unsightly, or they endanger the health or retard the growth of
other desirable vegetatton.
The Department shall adopt regulattons not tn conflict with the provisions of thts section to govern the issuance of
permits under this sectton.
lGo to (Genernl Assembly Home)
Fnday, January 31, 1997 9 28 AM
- 22 -
ITEM # 41754
Mayor Meyera E. Oberndoff, 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:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
Acquisition of Property
Virginia Beach Borough
Acquisition/Disposition of Property
Pungo Borough
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed
into EXECUTIVE SESSION (2:55 P34.).
I/oting : 8-0
Council Members Voting Aye:
Linwood O. Branch, III, William gE. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Harold Heischober and Louis 1~ Jones
February 4, 1997
- 23 -
CERTIFICATION OF
EXECUTIF~E SESSION
ITEM # 41735
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE 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: 8-0
Council Members Voting Aye:
Linwood O. Branch, III, William W.. Harrison, Jr., Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Harold Heischober and Louis 1~ Jones
February 4, 1997
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 # 41734 Page No. 22 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, Co) 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.
~uth Hodges ~'mith~ CMC/AAE
City Clerk
February 4, 1997
- 24 -
Item V-L.
ADJOU~MENT
ITEM # 41736
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:08 P.M.
Beverly O. Hooks, CMC/,4AE
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
February 4, 1997
,
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H M B T
A S C E S R
DATE: February 4, 1997 B R C H C R P E A
PAGE: 1 R R H E J L N A S Y
B A I O N O A D R S H
A N S B L N N O K O O
AGENDA U C O E E E A R E M R
ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N
I BRIEFING:
A RESORT TRANSIT STUDY (TROLLEY) Mark Niles
BRW Inc
II/111/ CERTIFICATION OF EXECUTIVE CERTIFIED 8-0 A Y Y A Y A Y Y Y Y Y
IV/V/E SESSION
F/1 MINUTES - 28 January 1997 APPROVED/ 8-0 A Y Y A Y A Y Y Y Y Y
AMENDED
G AGENDA FOR FORMAL SESSION A[:X~PTED B Y C O N S E N S U S
ADD Resolution opposing HB 2394 ADDED 8-0 A Y Y A Y A Y Y Y Y Y
and HB 2604 re trees
I-I/I/1 Reeolution re policy ~harlng certain DEFERRED 8-0 A Y Y A Y A Y Y Y Y Y
Revenues between the City/School Board BY CONSENT
TO 2/11/97
ADD/ Resolution opposing HB 2394/HB 2604 re Al)OPTED 8-0 A Y Y A Y A Y Y Y Y Y
ON trimming of trees which 'block motorists' BY CONSENT
view of bllboards"
2 Resolution re Sandbrldge Beach ADOPTED 7-0 A Y Y A Y A Y Y A Y Y
Nourishment between Dam Neck Naval BY CONSENT B
Training Fac/Beck Bay National Wildlife S
Refuge/clarify/express intent re vesting T
clause with Corps of Eng for Easement A
Agreements/federal/state/local funding I
N
E
D
3 Ordinance to REPEAL Chapter 4/Article DEFERRED 8-0 A Y Y A Y A Y Y Y Y Y
IV of City Code re bingo games/raffles BY CONSENT
TO 2/11/97
i
4 License refunds - $57,330.39 APPROVED 8-0 A Y Y A Y A Y Y Y Y Y
BY CONSENT
5 Tax refunds - $ 557 79 APPROVED 8-0 A Y Y A Y A Y Y Y Y Y
BY CONSENT
i
J/K Recess to Executive Session re APPROVED 8-0 A Y Y A Y A Y Y Y Y Y
acquisition of property (2:55 PM)
CERTIFICATION OF EXECUTIVE CERTIFIED 7-0 A Y Y A Y A Y Y Y A Y
SESSION
L ADJOURNMENT 4 08 PM
PLEASE SEE CORECTION TO 28 JANUARY 1997 SUMMARY'
City Council, on 4 February 1997, AMENDED the Minutes of 28 January 1997 to delete the Subdivision Review Items
they had previously asked staff to monitor on UTCHFIELD MANOR, INC Condlbonai COZ. The same Subdivision
Review Items will remain effective for ROLLINGWOOD, LLC. Conditional COZ
CITY COUNCIL RETREAT
18 FEBRUARY 1997