JANUARY 3, 1995 MINUTESCit oF Vix irai F eacl
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF At Large
VI(E MAYOR WILLIAM D SESSOMS JR At Large
JOHn' A BAUM Blackwater Borough
LINWOOD 0 BRANCtt Ill V~rgmm Beach Borough
ROBERT K DE4N Princess Anne Borough
W W HARRISON JR Lynnhaven Borough
BARBARA M HENLEY, Pungo Borough
LOUIS R JONES Bays~de Borough
JOHN D MOSS Al Large
NANCY K PARKER, At Large
LOUISA M STRA YHORN Kempsmlle Borough
JAMES K SPORE C~t¥ Manager
LESLIE L LILLEY Cdy Attorney
RUTH HODGES SMITH, CMC / AAE C~tv Clerk
CITY COUNCIL AGENDA
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456 9005
1804) 427 4303
JANUARY 3, 1995
I. CITY MANAGER'S BRIEFINGS:
- Council Chamber -
10:30 AM
AGRICULTURAL RESERVE PROGRAM
Mary Heinrecht, Environmental Consultant
Southeastern Association for Virginia's Environment (SAVE)
B,
NORFOLK-SOUTHERN COAL FACILITY/ISLE OF WIGHT COUNTY
Thomas M. Leahy, Water Resources Engineer, Public Utilities
II. INFORMAL SESSION
- Council Chamber -
1:00 PM
ke
a.
C.
D~
CALL TO ORDER - Mayor Meyera E. Oberndorf
ROLL CALL OF CITY COUNCIL
CI'I'Y COUNCIL CONCERNS
RECESS TO EXECUTIVE SESSION
III. FORMAL SESSION
- Council Chamber -
2:00 PM
A,
a.
D,.
E.
F.
CALL TO ORDER - Mayor Meyera E. Oberndorf
INVOCATION: Rabbi Israel Bornstein
B'Nai Israel Congregation
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF EXECUTIVE SESSION
MINUTES
1. INFORMAL & FORMAL SESSIONS - December 13, 1994
G. PUBUC HEARINGS
1. DESIGNATIONS OF TAX EXEMPT STATUS
a,
b.
AL-ANON FAMILY GROUP HEADQUARTERS, INCORPORATED
VIRGINIA MOUNTAIN HOUSING (VMH), INCORPORATED
H.
RESOLUTIONS
1. Resolutions to support enactment of legislation by the 1995 Virginia General Assembly
to designate real and personal property exempt from state and local real and personal
property taxation:
a. Al-Anon Family Group Headquarters, Inc.
b. Virginia Mountain Housing (VMH), Inc.
,
Resolution to support enactment of permissive legislation by the 1995 General Assembly
to enable cities and counties to convert Community Services Boards to local Mental
Health Authorities which would continue to satisfy the conditions outlined in the State
Code in a responsible, accountable manner to the respective local governments.
ORDINANCES
1. Ordinances to APPROPRIATE additional revenues from the Federal Government to the
FY 1994-1995 Sheriff's Operating Budget:
a. $312,439 to provide for and develop a tax-deferred supplemental retirement
system re Sheriff's Department employees.
b. $112,000 to make necessary modifications to the Correctional Center to enhance
security and to purchase additional equipment re Correctional Center operations.
.
Ordinance to TRANSFER $45,476 from Reserve for Contingencies to the Department of
Planning; and, create one full-time, permanent position re the Airport Zoning Program.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
,
Ordinance to APPROPRIATE $10,000 in additional revenues from the Virginia Department
of Motor Vehicles (VDOT) to the FY 1994-1995 Police Operating Budget re enhancenlent
of traffic enforcement to decrease the number of fatal automobile accidents along
Shore Drive.
.
Ordinance to APPROPRIATE $8,127 from the Forfeited Asset Sharing Special Revenue
Fund balance to the Commonwealth's Attorney's FY 1994-1995 Operating Budget re
purchase of addibonal microcomputer equipment; and, provide additional employee
training.
3. Ordinance to authorize tax refunds in the amount of $5,399.30.
4. Ordinance to authorize license refunds in the amount of $8,129.04.
K. APPOINTMENT
FRANCIS LAND HOUSE
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS
a.
Resolution to urge the General Assembly provide additional and adequate funding
re implementation of Senate Bill 2008 without impacting local Government
revenues for the increased funding to City and School retirees.
(Sponsored by Council Member Barbara M. Henley)
b.
Resolution to request the Congress of the United States to enact legislation
prohibiting the sale or distribution of rhino-ammo and black rhino ammunition
within the United States. (Sponsored by Council Member Nancy K. Parker)
C,
Discussion items (Sponsored by Council Member John D. Moss):
(1) Fiscal Policy for pending 1995-1996 Fiscal Operating Budget
(2) Southeastern Public Service Authority (SPSA) contingent liabilities
N. 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)
12/29/94cmd
AG EN DA\01-03-95.1TM
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, V~rginia
January 3, 1995
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, Ctty Hall Budding, on Tuesday, January 3, 1995,
at 10:30 A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W..
Harrison, Jr, Barbara M. Henley, Louts R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms
and Loutsa M. Strayhorn
Council Members Absent:
None
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 thts Disclosure as he
may or may not know of the Bank's interest tn any application that may come before City Council Vice
Mayor Sessoms' letter of September 27, 1994, is hereby made a part of the record
-2-
CITY MANAGER'S BRIEFING
AGRICULTURE RESERVE PROGRAM
10:30 A.M.
ITEM # 38685
Mary Heinricht, Environmental Consultant - Southeastern Association for Virginia's Environment (SAI/E),
presented a proposal to estabhsh the Virginia Beach Agriculture Reserve Program by the Ad Hoc
Southern Watersheds Committee, a way to preserve the farming industry. This has been a "grass roots"
cttizens's effort. This is a community endeavor in designing a recommendation to City Council to meet a
specific challenge, the continuing conversion of farm land to non-farm uses. The program is not an
"open space preservatton" plan, but one facet of a program to promote and enhance agriculture as an
tmportant industry, whtch is part of a diverse local economy. The Purchase of Development Rights
(PDR's) on prime farm land will stop the escalating, speculative value of this industry's resource base,
its land. Since January, the Ad Hoc Committee has met regularly and presented its tdeas in a variety of
forms. Over 160 copies of the first DRAFT proposal have been distributed since last May which included
copies to each City Counctl Member. In October, a Saturday forum highlighting the program was
sponsored and advertised in the local newspapers. A public opinion poll was conducted in September to
ask Virginia Beach taxpayers their thoughts on funding such a program. A random sample (400) of the
City's taxpayers believe same should be funded and understand the benefits of preserving this resource
and industry. Farmland is not "vacant land" waiting for another use. It is a viable industry which employs
our citizens. Predictions say the coming decade wdl rely upon small business development for much of
our economic growth. Current statewide statistics show that about 90% of farm families earn at least
one-half of their income from the farm. Stabilizing this local industry will allow Virginia Beach to
promote small business development related to agriculture. The Ad Hoc Southern Watersheds Committee
is recommending the implementution of a Purchase of Development Rights program in the southern rural
area as a sound investment m Virginia Beach's future.
Five common goals for the rural areas were identified and tncorporated into the plan.
1 To provtde the opportunity for continued agriculture.
2. To preserve rural character.
3. To protect environmental resources.
4 To provide reasonable development opportunities,
5. To defer the need for major urban infrastructure improvements.
Based upon the continuing conversion of farmlands in Virginia Beach, with consideration of the regional
and nattonal information reviewed, and the strong desire of the people who live in the farmlands to
maintain agriculture, the Committee beheves that an agricultural protection program is necessary. The
Committee sees one goal for this program:
To promote and enhance agriculture as an important local industry
which is part of a diverse local economy.
The Virginia Beach Agricultural Reserve Program (ARP), in tts initial phase, is based upon purchase
of residential, commerical and industrial development rights by the City of Virginia Beach. Mrs.
Heinricht cited the advantages of thts program.
It ts voluntary.
The landowner decides whether or not to participate.
The farmland owner is compensated for the sale of the
development rtghts.
The farmer retains title and all other rights to his land
Farming acttvities continue and are encouraged.
The development rights are held tn trust, assuring that areas
with high potential and acttve farms will remain tn
agricultural uses
January 3, 1995
-3-
CITY MANAGER'S BRIEFING
AGRICULTURE RESERVE PROGRAM
ITEM # 38685 (Continued)
The process is simple. A farmer submits an applicatton to the City for consideration. The farmland will
be ranked according to a set of assessment criteria and appraisals will be completed for the farmland
tracts ranked highest according to the crtteria. Independent appraisals will determine the value of the
development rights for each parcel offered. Farmland will return to its 'farming value" making it
affordable for young farmers to purchase. Preservation of the land base will encourage local farmers'
children to stay in farming as their career and will provide an opportunity for an expanded small business
base. The goal will be to establish a contiguous mass of farm land, which is between 18,000 and 20,000
acres in size in the southern rural area and Transition Area III Independent appraisals will determine
the value of these development rights for each parcel. A target funding amount of approximately $3-1/2-
MILLION per year from a dedicated local source of revenue has been identified. The development rights
will be held by the City in trust for its residents in perpetuity. The easements are tntended to last forever.
Louis Cullipher, Director - Department of Agriculture, advised through the utilization of overheads, the
Ranking System to prioritize applications for conservation easement sale:
CRITERIA
Quality of the Farmland
(Productivity Capability)
35%
Circumstances supporting Agriculture 28%
Likelihood of Conversion to
Non-Farm Use
(Development Pressure)
15%
Environmental Quality
15%
Historic, Scenic and application
frequency.
7%
Mr. Cullipher displayed an example of a 72-acre farm and the ranking of the farm according to the
quality of the farmland criteria. Copies of Mr. Cullipher's shdes are hereby made a part of the record
Gloria Fauss, National Headquarters of the Nature Conservancy, discussed the public opinion poll of the
Virginia Beach Agriculture Reserve Program. Four hundred registered voters in the City were
interviewed in a random sample by four hundred (400) voting citizens taken August 30 - September 1,
1994. Mrs. Fauss cited the test ballot:
"The Virginia Beach City Council is considering a Plan, known
as the Virginia Beach Agricultural Reserve Program, to
protect the remaining farmland and natural areas tn southern
Virgima Beach from being destroyed by development. The Plan
calls for the City to pay farmers for development rights to their
property. Thts means the owner couM sttll farm the land, or sell
the land for farming, but no one could build a residenttal
subdtvtsion or commercial development on thts land.
Do you favor or oppose this idea ?"
Strongly favor 49%
Somewhat favor 23%
Somewhat oppose 9%
Strongly opposed 13%
Unsure 7%
January 3, 1995
-4-
CITY MANAGER'S BRIEFING
AGRICULTURE RESERVE PROGRAM
ITEM # 38685 (Continued)
Mrs. Fauss advised there were several tmportant pieces of information that moved support of the Plan
to an even higher level. When the voters were told the Plan would cost an average homeowner $1.66 per
month, 64% said they would support the Plan. After learning the Plan was voluntary, support for the
Plan increased to 71%. Finally, when the voters were told the Plan would help slow growth in Virginia
Beach, support for the Plan increased to 79%. The weakest information point was that the farmer could
buy back development rights after 25 years, which reduced support for the Plan to 60%. Furthermore,
when voters were told that the Plan would keep taxes down tn the long-run because it would reduce
demand for services, 81% were more likely to support the Plan. 92% of the voters believe tt is important
for both Virginia Beach and the nation to preserve the family farm 74% wouM most hkely support the
Plan because it would limit the need for new and more government regulations regarding development.
As the Plan would protect rare and endangered species, 80% said they would more likely support the
Plan. 78% were more likely to support the Plan as it would stop urban sprawl. 18% said the Green
Line was not doing the job of protecting farmlands and natural areas. 57% believed more needs to be
done with 22% being unsure. 75% chose developing tourism around the natural areas (hiking, fishing,
btking and nature trails) rather than developing more hotels. 92% concurred with the importance of
preserving the family farm both tn Virginia Beach and the natron. 81% agreed with the statement that
zf development is not hmtted in Southern Virgtnta Beach, it will become hke Northern Virgtnia Beach.
93% believe that the natural areas of Virginia Beach are part of their heritage and the City owes it to
their children and grandchzldren to preserve rt.
Dean Block, Director of Management and Budget, advised the options for funding. The goal was to
develop a target of $3-1/2-MILLION per year for thts program. If the City Council were to approve the
program within the next few months, start-up funds might be necessary and could be provided from
existing funds sustaining the program through the end of the fiscal year. Beginning in July 1, 1995, Mr.
Block suggested allocating approximately $1.25-MILLION in Charter Bonds for at least two years of
the program to address some of the possible surge that mtght exist. The Back Bay Natural Refuge
contributes to the City approximately $250,000 annually in lieu of taxes. These funds could be allocated
to this program on a continuing basts. A portion of the revenue from a utility tax on cellular phones
could be dedicated to this particular program An increase in the property tax of 1 cent effective on July
I, 1995, when added to the above, would begin to provtde the City with an initial stream of approxtmately
$3-1/2-MILLION expendable funds per year.
Mrs. Heinricht advised the second portion of this Program ts the necessary economic development small
business enterprises to support and implement the local agriculture industry. The third portion of the
program is to develop markets for local products in promotton of a higher profit and sustainable farming
operations.
Statistics will be provided relative a tax increase of 2 cents if same could save a tax increase 5 to 10
years from now. With regard to the public opinion poll of the Virginia Beach Agriculture Reserve
Program, copies of the precincts surveyed and number of respondents in each precinct will be provided.
Assistant City Attorney Bill Macali advised that ~f the City acquired the development rights, they could
not sell them to a third party. There are limits to repurchasing the development rights. The Governing
Body (City Council) has to determine that converting the land back from open space, agricultural, is
essential to the orderly development and growth of the area, m accordance with the Comprehensive Plan
for that area. Once land ts diverted back out of open space, land must be substituted to at least equal
market value and equivalent usefulness withzn one year unless the City also makes a finding that the land
diverted from open space is no longer needed. These funds may be utilized for whatever purpose is
desired. The legal authority is to purchase the fee simple title or a lesser interest, i.e. a conservation
easement, ts at least five years duration. The contemplated program is purchasing perpetual conservation
easements, but at the end of twenty-five years, the fee simple owner could petition the City Council to
sell back the development rights. However the deed of easement would read "perpetual easement".
City Attorney Les Lilley advised the Open Space Land Act does provide there must be legislative findings
by the City Council before the rights are returned back. The Ctty Attorney will investigate whether it
entails 6 or 9 votes of the City Council to later transfer that property back.
January 3, 1995
-5-
CITY MANAGER'S BRIEFING
AGRICULTURE RESERVE PROGRAM
ITEM # 38685 (Continued)
The City Staff shall prepare necessary Ordinances and respond to questions regarding funding and legal
aspects and prepare a recommendation. Workshops and Public Hearings were suggested.
Independent economic assessment of the market transactions of property be provided by individuals who
do not have a vested interest tn the dectston t.e. Graduate Students of University of Virginia
See Item #38708, Page 27.
January 3, 1995
-6-
CITY MANAGER'S BRIEFING
NORFOLK-SOUTHERN COAL FACILITY~ISLE OF WIGHT COUNTY
ITEM # 38686
12 12 P.M.
Thomas M. Leahy, Water Resources Engineer - Public Utilities, with the utilization of transparencies,
displayed the proposed site for the Norfolk-Southern Coal Facility. The site is approximately 1600 acres.
The purpose of the facility is to improve the thru put and the efficiency of the coal loading facilities in
Hampton Roads. The location of the facihty is on the high ground at the headwaters of the Norfolk and
Portsmouth Reservoirs. About one-third of the site drains north and ends up in Lake Prince. Two-thirds
of the site drains south and ends up in Lake Cahoon. Approximately 20% of the site is cropland,
approximately 20% is timber tract that is in various stages of harvest and the remainder is natural
wooded land. One-fourth of the site will actually be developed. All of the cropland and timber land that
is not utilized by the facilities will be reforested. The facdity is supported by the Isle of Wight Board of
Supervisors and business community. It is opposed by a number of residents that are in Isle of Wight and
Suffolk, particularly those who live closest to the facility. The project has received or is scheduled to
receive its local, state and federal permits in the near future. The Army Corps of Engineers permit is
scheduled to be finalized this month. The Environmental Protection Agency and the Fish and Wildlife
Service have not exercised the option to elevate the permit to higher levels tn the Corps. EPA has not
exercised its VETO under the Clean Water Act.
Mr Leahy advised there are two possible sources of the coal runnmg into the water: (1) drainage from
the coal pile and (2)fugitive dust.
The City of Portsmouth, Army Corps of Engineers, the Virginia Department of Environmental Quality and
Virginia Department of Health have all agreed as permitted, as implemented and with monitoring, this
facility will not represent a problem to the Portsmouth water supply Unless the leachate is rerouted into
Norfolk Lakes, it has nothing to do with the Norfolk water supply.
The air quality analysis indicates that approxtmately 50 pounds per day of dust will fall in Lake Prince
and the Norfolk Reservoirs as coal dust 50 pounds per day is 9 tons per year. However, if you compare
this figure to erosion and sedimentation or air borne particulates, these are 100 times greater. The
metals that are in the coal are not leached out in normal environmental conditions. These metals are
common in the environment. Approximately 5,000 pounds per day of powdered activated carbon is utilized
in the water treatment process to absorb taste, odor and organic material. Therefore about 100 times
more coal as powder activated carbon is added in the water treatment process than would ever make it
to the reservoirs. For the aforemenaoned reasons, the Staff does not have a technical argument that this
facility could impact the Norfolk water supply. Copies of the shde presentation are hereby made a part
of the record.
Councilman Dean had requested the presentaaon to be assured Ctty Council was aware of the
ramifications of this paracular project and how it will impact the fresh water drinking supply, whether
it be Lake Prince and Lake Cahoon. Farmers in the south and southwest will be directly impacted by
this project.
Mr. Leahy advised the exisang water treatment process utilized is very efficient tn removing heavy metals.
Even if the heavy metals in the reservoir increase, this would not constitute a concern at the treatment
plant. In one year, more heavy metals wdl be added in the treatment process than will be deposited in the
watershed by this facihty in one hundred years. The Staff cannot find the basis of increased treatment
costs as a result of this facility The heavy metal content of coal ts less than 1/20 of 1%.
January 3, 1995
-7-
CITY COUNCIL CONCERNS
12:50 P.M.
ITEM # 38687
Council Lady Henley referenced the PUBLIC HEARING for the Ctty Council Session of January 10,
1995 to consider repealing a February 27, 1984 ordinance establishing the service areas of the
Sandbridge Sewer project. Council Lady Henley requested discussion relative this item be ADDED-ON
to UNFINISHED BUSINESS during the Formal Session of today's agenda.
ITEM # 38688
Councilman Moss referenced the four-way stop tn the location of the new movie theaters (Columbus
Loop) and the drainage retention pond. Thts ts a very unsafe situation.
ITEM # 38689
Council Lady Parker referenced the correspondence of the City Manager relative off-track betting to
Members of the General Assembly The City Manager advised it may be appropriate for the General
Assembly to consider legislation during the 1995 Session revising the Virginia Code dealing with pari-
mutual betting to disallow off-track betting parlor sites until a track is built in Virginia. Discussion of
this item will be SCHEDULED for the Formal Session under UNFINISHED BUSINESS.
January 3, 1995
-8-
ITEM # $8690
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 3, 1995, at 12.55 P.M.
Council Members Present.
John A. Baum, Ltnwood O. Branch, III, Robert ItL Dean, Wilham W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn
Council Members Absent.
Vice Mayor William D. Sessoms, Jr.
January 3, 1995
-9-
ITEM # $8691
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Sectton 2.1-344, Code of Virginia, as amended, for the following purpose.
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appotntment,
promotion, performance, demotion, salaries, disciplining, or restgnation
of specific public officers, appointees, or employees pursuant to Sectton
2.1-344 (A) (1).
To W~t: Appointments: Boards and Commissions:
Francis Land House
Safe Schools Task Force
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-heM property, or of plans for the future of an
institutton which could affect the value of property owned or destrable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-Wit: Acquisition of Property - Seatack Commumty Center
Virginia Beach Borough
Upon motion by Councilman Jones, seconded by Councilman Moss, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndo~ Nancy K~ Parker, Jr. and Louisa M Strayhorn
Council Members Voting Nay'
None
Council Members Absent:
Vice Mayor William D. Sessoms
January 3, 1995
- 10 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
January 3, 1995
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Budding, on Tuesday, January 3, 1995, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W.
Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D. Moss, Mayor
Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor Wilham D. Sessoms,
Jr. and Louisa M. Strayhorn
Council Members Absent.
None
INVOCATION:
Rabbi Israel Bornstein
B'Nai Israel Congregation
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
January 3, 1995
- 11 -
Item III-E. 1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 38692
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meeting
requirements by Virgima law were discussed in Executive Session to
which this certification resolutton applies;
AND,
Only such public bus~ness matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Councd.
Voting: 11-0
Council Members Vottng Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent.
None
January 3, 1995
Beso ut ou
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 # 38691, 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, (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.
Rut~ Hodges Sn~h, CMC/AAE
City Clerk
January 3, 1995
- 12 -
Item III-F. 1.
MINUTES
ITEM # 38693
Upon motion by Vice Mayor Sessorns. seconded by Councd Lady Strayhorn, C~ty Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of December 13, 1994, AS CORRECTED:
Page 19, ITEM # 38655
The motion was made by Councilman Branch, NOT Vice Mayor Sessoms.
Upon motion by ~ce blayor Sessoms Councilman Branch, seconded by
Councilman Harrison, Ctty Council ADOPTED
Ordinance to authorize the City Manager to enter into an Agreement with
Cellar Door Productions of Virgin ia, Inc., re a general
entertatnment/major events program in the Resort Area.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, Wilham W.
Harrison, Jr., Barbara M. Henley, Lou~s R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessorns,
Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent.
None
January 3, 1995
- 13 -
Item III-G. 1.
PUBLIC HEARING
ITEM # 38694
Mayor Oberndorf DECLARED a PUBLIC HEARING:
DESIGNATIONS OF TAX EXEMPT STATUS
AL-ANON FAMILY GROUP HEADQUARTERS, INCORPORATED
The following individuals registered to speak:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
January 3, 1995
- 14 -
Item III-G.Z
PUBLIC HEARING
ITEM # 38695
Mayor Oberndorf DECLARED a PUBLIC HEARING:
DESIGNATIONS OF TAX EXEMPT STATUS
VIRGINIA MOUNTAIN HOUSING (VMH), INCORPORATED
The following individuals registered to speak tn SUPPORT of the designation.
Barbara Barnes, represented VMH, Inc., 109 Holly Road, Phone. 425-6231
J. Samantha Hartley, 1226 Peace Square, Apartment #201, Phone: 422-0168
Donne Rembecla', 356 Cypresswood Court, Apartment #201, Phone 486-6491
Melinda Hodges, 820 16th Street, Apartment #101, Phone. 425-5565
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
January 3, 1995
- 15 -
Item III-H. 1.a.
RESOLUTIONS
ITEM # 38696
Hugh Patterson, 1800 Nations Bank Center, Norfolk, Phone' 628-5557, represented the applicant
Upon motion by Vice Mayor Sessorns, seconded by Councilman Baum, City Council ADOPTED:
Resolution to support enactment of legislation by the 1995 Virginia
General Assembly to designate real and personal property exempt from
state and local real and personal property taxation:
Al-Anon Family Group Headquarters, Inc.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Barbara M. Henley, Mayor
Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessorns,
Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
Robert I~ Dean, Louis R Jones and John D Moss
Council Members Abstaining:
William W Harrison, Jr.
Council Members Absent:
None
Councilman Harrison DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of Virginia, he is a
partner tn the law firm of Willcox and Savage, P.C. earning compensatton in excess of $10, O00 annually,
and that Willcox & Savage represents Al-Anon Farmly Group Headquarters, Inc., with respect to its
apphcation for tax-exempt status. Counctlman Harrtson wishes to dtsclose this interest and ABSTAIN
from participating tn thts transaction. Councilman Harrtson's letter of January 3, 1995, is hereby made
apart of the record.
January 3, 1995
City of Virginia Beach
WILLIAM W HARRISON, JR
COUNCILMAN - LYNNHAVEN BOROUGH
(804) 628-5565
2088 THOMAS BISHOP LANE
VIRGINIA BEACH VIRGINIA 23454
January 3, 1995
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, VA 23456
Dear Mrs. Smith:
Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), I make the
following declaration:
The transaction for which I am executing this written disclosure is the Council
consideration and vote on a resolution supporting legislation which will
designate real and personal property owned by Al-Anon Family Group
Headquarters, Inc. as being exempt from state and local real and personal
property taxation.
e
The nature of my personal interest is that I am a partner in the law firm of
Willcox & Savage, P. C. earning compensation in excess of $10,000 annually,
and that Willcox & Savage represents Al-Anon Family Group Headquarters,
Inc. with respect to its application for tax-exempt status.
e
I wish to disclose this interest and abstain from participating in this
transaction.
Ruth Hodges Smith, CMC/AAE -2- January 3, 1995
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
William W. Harrison, Jr.
Councilmember
WWH/awj
Enclosure
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A RESOLUTION SUPPORTING LEGISLATION
WHICH WILL DESIGNATE REAL AND
PERSONAL PROPERTY OWNED BY AL-ANON
FAMILY GROUP HEADQUARTERS, INC. AS
BEING EXEMPT FROM STATE AND LOCAL
REAL AND PERSONAL PROPERTY TAXATION
WHEREAS, real property located in the City of Virginia
Beach and to be purchased by Al-Anon Family Group Headquarters,
Inc. is currently subject to ad valorem taxation;
WHEREAS, Al-Anon Family Group Headquarters, Inc. owns
personal property that will be subject to taxation once it is moved
to the City of Virginia Beach;
WHEREAS, Al-Anon Family Group Headquarters, Inc. has
requested the Council of the City of Virginia Beach to adopt a
resolution in support of its request that the General Assembly act
in accordance with Article X, § 6(a) (6) of the Constitution of
Virginia to designate the real and personal property of Al-Anon
Family Group Headquarters, Inc. as being exempt from state and
local real and personal property taxation;
WHEREAS, the value of the personal property owned by Al-
Anon Family Group Headquarters, Inc. is estimated to be
approximately $750,000, and if the organization is not tax exempt,
personal property taxes are estimated to be approximately
$15,262.50 per year;
WHEREAS, the 1995 tax assessed value of real estate to be
purchased by Al-Anon Family Group Headquarters, Inc. is estimated
to be approximately $240,000, and if the organization is not tax
exempt, real estate taxes are estimated to total approximately
$2,736 per year;
WHEREAS, pursuant to § 30-19.04 of the Code of Virginia,
the Council of the City of Virginia Beach has held a public hearing
prior to the adoption of this Resolution and has given all citizens
an opportunity to be heard;
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WHEREAS, the provisions of § 30-19.04 of the Code of
Virginia have been examined and considered by the Council of the
City of Virginia Beach; and
WHEREAS, the Council of the City of Virginia Beach is of
the opinion that Al-Anon Family Group Headquarters, Inc. should be
designated as a benevolent corporation within the context of §
6(a) (6) of Article X of the Constitution of Virginia and that real
and personal property located in the City of Virginia Beach owned
by Al-Anon Family Group Headquarters, Inc. and used by it
exclusively for benevolent purposes on a nonprofit basis should be
exempt from state and local real and personal property taxation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Council of the City of Virginia Beach supports
the enactment of legislation involving the designation of Al-Anon
Family Group Headquarters, Inc. as a benevolent corporation within
the context of § 6(a) (6) of Article X of the Constitution of
Virginia and that real and personal property owned by Al-Anon
Family Group Headquarters, Inc. which will be located within the
City of Virginia Beach and used exclusively for benevolent purposes
on a nonprofit basis, be declared exempt from state and local real
and personal property taxation.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 3rd day of January 1995
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CA-5796
ORDIN\NONCODE \AAFG. RES
R-1
PREPARED: 12 / 21 / 94
- 16 -
Item III-H. 1. b.
RESOLUTIONS
ITEM # 38697
Upon motion by Councdman Harrison, seconded by Councilman Baum, Ctty Council DENIED:
Resolution to support enactment of legislation by the 1995 Virginia
General Assembly to designate real and personal property exempt from
state and local real and personal property taxation:
Virginia Mountain Housing (VMH), Inc.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy I~ Parker, Vice Mayor William D. Sessoms,
Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
January 3, 1995
-17-
Item III-H. 2
RESOLUTIONS
ITEM # 38698
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council ADOPTED:
Resolution to support enactment of permissive legislation by the 1995
General Assembly to enable cities and counties to convert Community
Services Boards to local Mental Health Authorities which wouM
continue to satisfy the conditions outlined in the State Code in a
responsible, accountable manner to the respective local governments.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W..
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
January 3, 1995
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A RESOLUTION IN SUPPORT OF PERMISSIVE STATE
LEGISLATION ENABLING THE CONVERSION OF
COMMUNITY SERVICES BOARDS TO LOCAL MENTAL
HEALTH AUTHORITIES
WHEREAS, the General Assembly created the Community Services
Boards to be a locally-administered public system responsible for
the planning and delivery of mental health, mental retardation, and
substance abuse services;
WHEREAS, City Council enacted ordinances to establish a single
jurisdiction Community Services Board in 1970;
WHEREAS, City Council, in support of a community-based,
locally-administered mental health, mental retardation, and
substance abuse service system, incorporated the Community Services
Board into the City Code as the Department of Mental Health and
Mental Retardation in 1978;
WHEREAS, the Community Services Board, through its Council-
appointed board, and the annual approval by City Council of its
programs and budget, have provided professional services which
impact the quality of life of the City's disabled citizens;
WHEREAS, the Community Services Board has been studying the
evolution of health care marketplace reforms and is invested
towards ensuring that disabled citizens will continue to receive
appropriate quality service;
WHEREAS, the Community Services Board recently shared with
City Council a Policy Report entitled Issues Related m FummMcn~! Hca~th
$¢~¢DcHv¢~ ~ ~~ Beach detailing the background, policyquestions,
considerations, alternative courses of action and recommendations;
WHEREAS, the Policy Report recommends City Council's support
of permissive State legislation that would enable the conversion of
Community Services Boards to local Mental Health Authorities;
WHEREAS, the endorsement of permissive legislation simply
enables the potential conversion of the Community Services Board to
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a Mental Health Authority in the event compelling marketplace
reforms suggest the need to act; and
WHEREAS, such permissive legislation represents a sound and
prudent local government policy and management action which will
position the Community Services Board to be in the best possible
mode to respond to changing behavioral health care finance reform
and to best meet the ongoing needs of Virginia Beach's disabled
consumers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That City Council hereby supports adoption, during the 1995
Session of the General Assembly, of permissive legislation that
would enable cities and counties in which Community Services Boards
are operationally structured as a department of local government to
convert their respective Community Services Boards to local Mental
Health Authorities; that would provide that such Authorities would
continue to satisfy the conditions outlined in State Code Chapter
10 and be responsive to the clinical and operational requirements
of managed health care reforms; and that would further provide
that, while maintaining account-ability to local government, such
Authorities would be eligible to compete for managed care
reimbursement, including MEDICAID, which currently represents a
significant portion of Community Services Boards' financial
support.
BE IT FURTHER RESOLVED:
That the City Clerk is hereby directed to provide certified
copies of this Resolution to one or more members of the City's
local delegation to the General Assembly.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 3rd day of January 1995
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CA- 5808
ORDIN~NONCODE~MENTAL. RES
R-1
DECEMBER 22, 1994
- 18 -
Item III-L 1.a.b.
ORDINANCES
ITEM # 38699
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinances to APPROPRIATE additional revenues from the Federal
Government to the FY 1994-1995 Sheriff's Operating Budget.
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$312,439 to provide for and develop a tax-deferred
supplemental retirement system re Sheriff's Department
employees.
bo
$112,000 to make necessary modifications to the Correcttonal
Center to enhance security and to purchase additional
equipment re Correctional Center operations.
Voting: 11-0
Council Members Voting Aye:
John A Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr, Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 3, 1995
AN ORDINANCE TO APPROPRIATE $ 312,439 IN ADDITIONAL REVENUES FROM THE
FEDERAL GOVERNMENT TO THE FY 1994-95 SHERIFF'S OPERATING BUDGET
TO PROVIDE FOR AND DEVELOP A TAX DEFERRED SUPPLEMENTAL RETIREMENT
SYSTEM FOR EMPLOYEES OF THE SHERIFF'S DEPARTMENT
WHEREAS, the Sheriff's Office ~s responsible for the health and safety of ~nmates housed ~n the
V~rg~nla Beach Correctional Center and to ensure that the personnel h~red to momtor the Correcbonal Center
Acbwbes are quahfied, properly supervised, and properly trained to accomphsh their tasks,
WHEREAS, the SherifFs employees are considered state consbtubonal employees and as such
have received pay levels which make the retenbon of quahfied, good employees d~fficult,
WHEREAS, the esbmated annual attnbon rate for SherifFs Depubes ~s expected to exceed 20% th~s
year, w~th the stated reason for separabon from the V~rglma Beach ShenfFs Office being receipt of h~gher pay
elsewhere and ~n the past the SherifFs Office has tried to use a bonus system to reward length of service, to
address the attnbon rate, w~thout much success,
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WHEREAS, ~n heu of the prewous bonus system, the Shenff's Office would hke to ubhze any annual
excess ~n Federal pnsoner revenues to develop and fund a supplemental rebrement system which could prowde a
percentage of the employee's salary ~nto a tax deferred program where the employee would vest after five years If
the employee left prior to the five year per~od any momes ~n the employees account would be forfeited, and
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WHEREAS, funding prowded for th~s program would annually be based on the amount of Federal
revenues from the keeping of federal pnsoners, no add~bonal C~ty funds wdl be requested
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $ 312,439 ~n excess Federal Revenues be appropriated for the development and
establishment of a supplemental rebrement program for employees of the V~rg~ma Beach SherifFs Office
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BE IT FURTHER ORDAINED, that the estimated revenues from the Federal Government ~n the
Shenff's Special Revenue Fund be ~ncreased to reflect th~s add~bonal appropnabon
Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rg~ma on the__3rd day of January, 1995.
CRW D \OB95\SherlfASupRebr ord
Approved as to Content
Management and Budget
AN ORDINANCE TO APPROPRIATE $112,000 IN ADDITIONAL REVENUES FROM THE FEDERAL
GOVERNMENT TO THE SHERIFF'S FY 1994-95 OPERATING BUDGET TO MAKE NECESSARY
MODIFICATIONS TO THE CORRECTIONAL CENTER TO ENHANCE SECURITY AND TO PURCHASE
ADDITIONAL EQUIPMENT RELATED TO THE CORRECTIONAL CENTERS OPERATIONS
WHEREAS, the Shenff ~s currently houmng in excess of 900 ~nmates dmly ~n the Correctional
Center and there ~s a need to ensure the security of the ~nmates, staff, and the commumty,
WHEREAS, because of this high volume of inmates there is also a need to improve efficiency in
space and processing, and
WHEREAS, there is sufficient additional revenues in federal reimbursement to the Correctional
Center for houmng of federal prisoners to prowde funding for the following proJects
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- Construction of a brick wall around the loading dock and trash compactor adJacent to the ja~l
- Relocation and remodehng of a modular braiding for ad&t~onal tra~mng fac~ht~es
- Increased funding for the ~nmate wdeo ~mag~ng system
- Purchase of car&ovascular exercise eqmpment for the deputies gym
- Ad&t~onal bunks and related supphes for additional holding cells currently under construction
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $112,000 ~n additional federal revenues be appropnated ~n the Shenff's FY 1994-95
Operating Budget for the completion of these proJects
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BE IT FURTHER ORDAINED, that FY 1994-95 estimated federal revenues ~n the Shenff's Special
Revenue Fund be increased by $112,000
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Adopted by the Council of the C~ty of V~rg~ma Beach, Vlrg~ma on the 3rd day ofJanuary
APPP, OVED AS TO
LEGAL SUFFICIENCY
ill
1995.
,
CRW-D \OB95\Shenfflja~hrnpr ord
Approved as to Content
Management and Budget
............................ I' I[ I1'1 I Il I II r
- 19 -
Item III-L2.
ORDINANCES
ITEM # 38700
Upon motion by Vice Mayor Sessorns, seconded by councilman Harrison, City Council ADOPTED:
Ordinance to TRANSFER $45,476 from Reserve for Contingencies to the
Department of Planning, and, create one full-time, permanent position
re the Airport Zoning Program.
Voting: 8-3
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Vice
Mayor William D. Sessoms, Jr. and Loulsa M. Strayhorn
Council Members Voting Nay
Robert K. Dean, John D. Moss and Nancy K. Parker
Council Members Absent:
None
January 3, 1995
AN ORDINANCE TO TRANSFER $45,476 FROM RESERVE FOR CONTINGENCIES
TO THE DEPARTMENT OF PLANNING AND
TO CREATE ONE FULL TIME PERMANENT POSITION
TO IMPLEMENT THE AIRPORT ZONING PROGRAM
WHEREAS the Councd of the C~ty of V~rg~n~a Beach adopted an A~rport Zomng Program on
August 23, 1994, to become effecbve January 1, 1995
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WHEREAS, the ~mplementabon of the program wdl require spec~ahzed knowledge not currently
available w~thln emst~ng staff, additional staff hours ~n excess of 2,700 hours per year, development of
informational brochures, and updates to the City map
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WHEREAS, orgamzabonal review w~th~n the Department of Planmng found emst~ng resources
~nadequate to fully address these needs ~n a t~mely manner
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NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA that funds m the amount of $45,476 be transferred from the FY 1994-95 Reserve for
Contingencies to the Department of Planning
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BE IT FURTHER ORDAINED that a full t~me permanent pombon be created ~n the Department of
Planmng to allow recrmtment and h~nng of staff with the needed spec~ahzed knowledge for the A~rport
Zoning Program
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Adopted by the Council of the City of Virginia Beach, Virginia on this
January 1995
Third
day of
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~?~CONTENT:
Management and Budget
_ II
APPROVED AS TO
LEGAL SUFFICIENCY
- 20 -
Item llI-J.
CONSENT AGENDA
ITEM # .187O1
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
in ONE MOTION, Items 1, 2, 3 and 4 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D Sessorns,
Jr., and Loutsa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
January 3, 1995
- 21 -
Item lll-J.1.
CONSENT AGENDA
ITEM # 38702
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $10,000 in additional revenues from the
Virginia Department of Motor Vehicles (VDOT) to the FY 1994-1995
Police Operating Budget re enhancement of traffic enforcement to
decrease the number of fatal automobile accidents along Shore Drive.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr, and Loutsa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent
None
January 3, 1995
AN ORDINANCE TO APPROPRIATE $10,000 IN ADDITIONAL REVENUES FROM
THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES TO THE FY 1994-95 POLICE
OPERATING BUDGET TO ENHANCE TRAFFIC ENFORCEMENT ALONG SHORE
DRIVE TO DECREASE THE NUMBER OF FATAL AUTOMOBILE ACCIDENTS
WHEREAS, the V~rg~ma Beach Pohce Department has received $10,000 from the V~rg~ma
Department of Motor Vehicles towards second year grant funding for a program to enhance enforcement along the
Shore Drive corridor ~n order to decrease the number of fatal automobde accidents, and
WHEREAS, th~s grant requires an $10,000 ~n-k~nd match which the Pohce Department wdl prowde
from w~th~n ex~sbng FY 1994-95 Operating Budget overtime funding for the Department
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that a $10,000 grant from the V~rg~n~a Department of Motor Vehicles be appropriated to the
Pohce Department's FY 1994-95 Operabng Budget to prowde additional overtime capabdlt~es to enhance traffic
enforcement along the Shore Drive corridor
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BE IT FURTHER ORDAINED, that FY 1994-95 estimated revenues from the Commonwealth be
~ncreased to reflect the receipt of th~s grant
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Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rg~ma on the 3rd day of January, 1995.
CRW-D ~OB95\Pohce\dmvgrnt ord
AP>r~OVFD AS TO
[ .... ~ S'JF[-ICIENCY
Approved as to Content
' wa~te¢ C~"Kr~er, Jr,
Management and"-'--' Budget
- 22 -
Item lll-J.2.
CONSENT AGENDA
ITEM # 38703
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $8,127 from the Forfeited Asset Sharing
Special Revenue Fund balance to the Commonwealth's Attorney's FY
1994-1995 Operating Budget re purchase of additional microcomputer
equipment; and, provide additional employee training.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 3, 1995
AN ORDINANCE TO APPROPRIATE $ 8,127 FROM THE FORFEITED
ASSET SHARING SPECIAL REVENUE FUND BALANCE TO THE COMMONWEALTH'S
ATTORNEY'S FY 1994-95 OPERATING BUDGET TO PURCHASE ADDITIONAL
MICROCOMPUTER EQUIPMENT AND TO PROVIDE ADDITIONAL EMPLOYEE TRAINING
WHEREAS, the Commonwealth's Attorney's Office receives drug forfeiture monies and interest
earned and these funds may be used to provide one time funding for equipment, training and supplies; and
WHEREAS, the Office is currently in receipt of $8,127 in D.E A Shared Assets which will be used
to purchase needed microcomputer eqmpment and traimng to enhance the law enforcement capab~hbes of the
office
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $8,127 be appropriated from the Fund Balance of the Forfeited Asset Sharing Special
Revenue Fund to the Commonwealth's Attorney's FY 1994-95 Operating Budget to purchase additional
m~crocomputer equipment and to provide additional employee training to enhance the law enforcement capabilities
of the office.
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Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd__ day of January , ! 99.5.
~,[~?ROVED AR TO '
CRW-D ~OB95\Commatt~deaequp ord
...... Waiter C~' ~' Jr. ...........
Management and Budget
- 23 -
Item lll-J.3.
CONSENT AGENDA
ITEM # 38704
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of $5,399.30 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D Sessorns,
Jr., and Louisa M. Strayhorn
Council Members Vottng Nay.
None
Council Members Absent'
None
January 3, 1995
12/5/94 EMC
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
Prudential Mortgage Loan 95 RE(l/2)
James A & Cheryll Tuthill 94 RE(l/2)
James A & Cheryll Tuthill 94 RE(2/2)
James A & Cheryll Tuthill 93 RE(l/2)
James A & Chreyll Tuthill 93 RE(2/2)
James A & Cheryll Tuthill 92 RE(l/2)
James A & Cheryll Tuthill 92 RE(2/2)
Sea Bay Development Corp 94 RE(l/2)
Sea Bay Development Corp 94 RE(2/2)
Sea Bay Development Corp 93 RE(l/2)
Sea Bay Development Corp 93 RE(2/2)
Sea Bay Development Corp 92 RE(l/2)
Sea Bay Development Corp 92 RE(2/2)
Virginia Beach Federal 94 RE(l/2)
Virginia Beach Federal 94 RE(2/2)
Julia L McCrimmon 94 RE(2/2)
Robert G & Susan Quisenberry 94 RE(l/2)
Robert L Christian III N/A Pkng
Kristen Wright N/A Pkng
Hermon Saunders Jr N/A Pkng
Richard R Russell N/A Pkng
14895-5 11/4/94 3.42
119420- 7 12/3/93 14.54
119420-7 6/5/94 14.54
118136-5 12/3/92 13.90
118136-5 6/5/93 13.90
117075-1 12/3/91 9.8'1
117075-1 6/5/92 9.81
104416-5 12/5/93 11.10
104416-5 6/5/94 11.10
103489-0 11/23/92 10.61
103489-0 6/5/93 10.61
102611-4 12/5/91 29.75
102611-4 6/5/92 29.75
57505-7 12/5/93 23.71
57505-7 6/5/94 23.71
75696-8 9/7/94 5.13
95079-3 10/12/94 170.66
B22059 10/14/94 24. O0
L00144 11/8/94 25.00
B17282 9/9/94 24.00
B 12628 10/12/94 24. O0
Total
503.05
Th~s ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$503.0)5 were approved by
the Counci~ of the C~ty of Virginia
Beach on the_.T/z].Ad~y of ~ .1995
Ruth Hodges Smith
C~ty Clerk
Ce
as to payment,
I T. ~,tl~inso'~',' ~urer
Approved as to form.
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
PHH US Mortgage Corp
PHH US Mortgage Corp
Anne D Wood
Anne D Wood
Edward R Bourdon, Atty
Edward R Bourdon, Atty
Edward R Bourdon, Atty
Edward R Bourdon, Atty
Edward R Bourdon, Atty
Edward R Bourdon, Atty
Signet Mortgage Corp
B A Mortgage
BankAmerica
Ban kAmer i ca
BankAmerica
BankAmerica
Earl A Bailey Jr
95 RE(l/2) 50525-7 11/10/94
95 RE(l/2) 32121-3 11/10/94
94 RE(l/2) 129357-3 12/5/93
94 RE(2/2) 129357-3 10/6/94
94 RE(l/2) 50029-9 11/18/93
94 RE(2/2) 50029-9 6/5/94
94 RE(l/2) 127422-8 12/5/93
94 RE(2/2) 127422-8 6/5/94
94 RE(l/2) 127426-4 12/5/93
94 RE(2/2) 127426-4 6/5/94
94 RE(2/2) 76167-6 5/27/94
94 RE(2/2) 54034-4 6/5/94
91 RE(l/2) 36193-1 12/5/90
91 RE(2/2) 36193-1 6/5/91
92 RE(l/2) 36436-7 11/27/91
92 RE(2/2) 36436-7 6/5/92
N/A Returned Ck. Chg. 7/25/94
3.42
3.42
1,561.98
1,773.16
5.60
28.04
37.15
185.81
75.46
377.34
262.22
269.75
71.07
71.07
77.88
77.88
15.00
Total
4,896.25
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$4,896.25 were approved by
the Council off, he City of, aVn~urgdm_ia
Beach on the Inlrc~ay ofa ry, 1995
Ruth Hodges Smlt~
City Clerk
Johr~l T. A{'k,ns6n"", ~ras~
Approved as to form'
L~sl,e/L L,II~ey, ~ney ~.
- 24 -
Item lll-J.4.
CONSENT AGENDA
ITEM # 38705
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance authorizing License Refunds in the amount of $8,129.04 upon
application of certain persons and upon certification of the
Commissioner of the Revenue for payment
Voting: 11-0
Council Members Voting Aye:
John A Baum, Linwood 0 Branch, III, Robert K Dean, William W.
Harrtson, Jr., Barbara M. Henley, Louts R. Jones, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms,
Jr., and Loutsa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
January 3, 1995
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Comm~smoner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int.
Year Pa,d
Total
Rauch, Gayle Etals
T/A Rauch Witt & Co.
11742 Jefferson Avenue S-300
Newport News, VA 23606
1993-94 Audit 102.53
Syntec-Tidewater Inc.
700 Crystal Lane
Virginia Beach, VA 23451
1993 Audit 42.87
T.P.T.C., PC
One Columbus Center S-1000
Virginia Beach, VA 23462
1992 Audit 1,934.29
Tungul, Danilo & Briguera R.
T/A Aristocrat Bakery
4291 Holland Road S-108
Virginia Beach, VA 23452
Etals
1992-94 Audit 113.19
102.53
42.87
1,934.29
113.19
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totahng $ 2,192.88
Third
of the C~ty of V~rg~ma Beach on the day of
Cemhed as to Payment
Approved as to form
C~ tS~'A~ttLo rLn' lei; ~-~~/~...----~
were approved by the Council
January , 19
95
Ruth Hodges Smith
C~ty Clerk
FORM NO C A. 8 REV 3/8~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcabons for hcense refunds, upon certification of the Comm~smoner of the
Revenue are hereby approved:
License Date
NAME Year Prod Base Penalty Int.
Total
Peters, Chris L.
T/A United Funding Service
P.O. Box 68134
Virginia Beach, VA 23455
199 3 Audit 10.81
Rappahannock Mortgage Corporation
715 Hlghpo~nt Avenue 1993
Virginia Beach, VA 23451
Audit 75.68
10.81
75.68
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totahng $ 86.49
of the C~ty of V, rg~ma Beach on the Th~r~Jay of
Cerbhed as to Payment
~ert P Vaug~a~-
Comm~smoner of the Revenue
Approved as to form
C~ty Attorney
were approved by the Councd
January , 19 ~
95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the followtng applications for hcense refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Pard Base Penalty Int.
Total
McKone Corp.
T/A USA Sports
319 N. Superior Street
Toledo, OH 43604
1993 Audit 109.45
Metromedia Steakhouses Co. L.P.
T/A Ponderosa Steakhouse 5933
P.O. Box 650514 1994
Dallas, TX 75265-9900
Pellet, Gloria Jean
T/A Esteem
5606 Mornlngside Court
Virginia Beach, VA 23462
Audit 1,041.41
1991-93 Audit 35.00
109.45
1,041.41
35.00
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totahng $ 1,185.86
of the C~ty of V~rg~ma Beach on the ?h~-rdday of
Cert~hed as to Payment
Robert P Vaugha~,/
Commissioner of the Revenue
Approved as to form
L'~she/L blley
C~ty Attorney
were approved by the Councd
January , 19
95
Ruth Hodges Smith
C~ty Clerk
FORM NO C.A. 8 REV 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 Penalty Int. Total
Year Pa~d
Marto Inc. 1993 Audit
T/A Kempsville Submarines
Payable to: John T. Atkinson, Treasurer
c/o Commissioner of the Revenue
Business License
Massel, Jeffrey D. & Elizabeth I
T/A Stormcrow Leather 1993-94
3909 Lombard Court
Virginia Beach, VA 23456
151.28 151.28
McDermott, Wayne M.
1543 Amberly Forest Road
Virginia Beach, VA 23456
Audit 101.04 101.04
1993-94 Audit 642.58 642.58
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totahng $ 894.90
of the C~ty of V~rg~ma Beach on the Th]_rdday of
Cerbhed as to Payment
Commissioner of the Revenue
Approved as to form
~-"eesl~ L L, Iley
C~ty Attorney
were approved by the Council
January , 19
95
Ruth Hodges Smith
C~ty Clerk
FORM NO C A. 8 REV 3,'86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for hcense refunds, upon certihcat~on of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Paid Base Penalty Int.
Total
J D Wells Inc.
1377 London Bridge Road
Virginia Beach, VA 23456
Keith, Thomas L.
T/A Keith Enterprises
5049 Cleveland Street
Virginia Beach, VA 23462
1992-93 Audit 763.46
1992 Audit 1,346.81
763.46
1,346.81
Th~s ordinance shall be effechve from date of
adophon
The above abatement(s) totahng $ 2,110.27
of the C~ty of V~rg;n~a Beach on the Th~.rd day of
Cerhhed as to Payment
obert P Vaughan ~
Commissioner of the Revenue
Approved as to form
LL~sl,e/l' L,Iley "-' /~______~
C~ty Attorney ~
were approved by the Council
3anuar~y , 19 95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon cert~hcat~on of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Paid Base Penalty Int.
Total
First Step Investigation Inc.
5413 Wingate Way 1992
Virginia Beach, VA 23464
Gregory, Henry C. 1992-93
T/A H C Gregory Contracting Co.
2005 Breton Court
Virginia Beach, VA 23454
J & E Rabulan Corp
T/A J & E Travel
3877 Liberty Reeds Road
Virginia Beach, VA 23452
Audit 30.00
Audit 26.96
1993 Audit 38.03
30.00
26.96
38.03
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $ 94.99
of the C~ty of V~rg~n~a Beach on the ~ day of
Cerbhed as to Payment
~'~'~obert P Vaughan- ~ - --"---'--
Commissioner of the Revenue
Approved as to form
Leshe ~ L,Iley '-'~
C~ty Attorney
were approved by the Council
3anuar y , 19
95
Ruth Hodges Smith
C~ty Clerk
FORM NO C k 8 REV ~
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 apphcatlons for license refunds, upon cert~hcat~on of the Commissioner of the
Revenue are hereby approved:
bcense Date
NAME Year Paid Base Penalty Int.
Total
Compliance Corporation
34 Essex South
Lexington Park, MD 20653
Employment Services Inc.
T/A Expressway Printing
4455 South Blvd. #410
V~rginia Beach, VA 23452
1993 Audit 451.58
1993-94 Audit 562.27
451.58
562.27
Th~s ordinance shall be effecbve from date of
adoption.
The above abatement(s) totahng $ l, 013.85
of the C~ty of V~rg~n~a Beach on the Third day of
Cert~hed as to Payment
('~C 'CC ~ bj~, sPs ~oVnaeUrgohfa~ e Re~nue
Approved as to form
L"-esl~e-L L,l~ey'-' ]
C~ty Attorney ~
were approved by the Council
January , 19 95
Ruth Hodges Smith
C~ty Clerk
FOr.tM NO C;.A. 8 REV
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
Year Paid Base Penalty Int.
Total
Ah-May Ltd.
T/A Ming Gate III
2800 W. Mercury Blvd.
Hampton, VA 23666
1994 Audit 309.92
Benevie Enterprises Inc.
T/A Apollo Hair Systems
101 Gateway Parkway #220
Richmond, VA 23235
1993 Audit 211.48
Campbell, Wendy S. 1992-93
T/A Key West Aloe of Va. Beach
915 Delaware Avenue
Virginia Beach, VA 23451
Audit 28.40
309.92
211.48
28.40
Th~s ordinance shall be effective from date of
adopbon
The above abatement(s) totahng $ 549.80
of the C~ty of V~rg~ma Beach on the Thzrd day of
Cerbfled as to Payment
°obj', sPs, oVna:rg;fat~R e v e n ue
Approved as to form
L~SI,e/L L,Ile~ ,,~
C~ty Attorney '--" f
were approved by the Councd
January , 19 ~
95
Ruth Hodges Smith
C~ty Clerk
- 25 -
Item III-K. 1.
APPOINTMENTS
ITEM # 38706
BY CONSENSUS, City Council RESCHEDUELD the following APPOINTMENT:
FRANCIS LAND HOUSE
January 3, 1995
- 26 -
Item III-L.1.
UNFINISHED BUSINESS
ITEM # 38707
ADD-ON
Council Lady Parker referenced the correspondence of the City Manager relative off-track betting to
Members of the General Assembly. The City Manager advised it may be appropriate for the General
Assembly to consider legislation during the 1995 session revising the Virgtma Code dealing with pari-
mutual betting to disallow off-track betting parlor sites until a track is built in Virginia.
Delegate Croshaw and Senator Stolle' had indicated this agreement to sponsor this legislation.
City Council ADOPTED an Ordinance to AMEND and REORDAIN Sections 901(a), lO01(a), 1501(b),
1511(c) and 1521(c) of the City Zoning Ordinance re use regulations for satellite wagering facilities on
February 8, 1994.
January 3, 1995
- 27 -
Item III-L.2.
UNFINISHED BUSINESS
ITEM # $8708
ADD -ON
Council Members Baurn and Henley requested clarification of the direction of the City Staff relative the
Agriculture Reserve Program.
City Staff will proceed with the legalities and preparation of the Ordinances, respond to economic analysis
questions. Workshop shall be SCHEDULED for January 17, 1995. City Council shall provide City Staff
wtth their questions relative this program. A schedule shall be developed relative Public ttearings, further
workshops and adoption of ordinances.
An independent economic analysis shall be provtded by individuals who do not have a vested interest
in the decision i.e. Graduate Students of Universtty of Virginia. Thts analysis cannot be provided by the
January 17, 1995 Workshop.
Information relative funding will be provided. The Agriculture Reserve Program needs to be addressed
prior to the printing of the Budget, so as to be aware of the funding available.
January 3, 1995
- 28 -
Item III-L.3.
UNFINISHED BUSINESS
ITEM # 38709
ADD -ON
Councilman Dean referenced the Hampton Roads Planning Dtstrict Commission's Summary on the
economic situation in Hampton Roads by John W Whaley - Director of Finance
Councilman Dean requested a presentatton by Mr. Whaley for a future City Council Session. One of the
charts indicates there is only one category the Hampton Roads sector that exceeds the rest of the United
States and that in earnings is farming. In Virginia, state and local government workers receive 5.4%
greater compensation than the private sector in 1991.
January 3, 1995
- 29 -
Item III-L.4.
UNFINISHED BUSINESS
ITEM it 38710
ADD -ON
Council Lady Henley referenced the PUBLIC HEARING for the City Council Session of January I0,
1995 to consider repealing a February 27, 1984 ordinance establishing the service areas of the
Sandbridge Sewer project.
Council Lady Henley referenced City Council had requested ad&tional informatzon. Counczl Lady Henley
spoke with the acting Refuge Manager and properties which wouM be impacted were identified. Council
Lady Henley's concern is most of the parcels are zoned B-2. Assistant Attorney Macali forwarded a letter
to Hampton Roads Planning District Commission asking certain questions about potential development
along that corridor. The true value of the property shouM be determined prior to any action by City
Council. Council Lady Henley requested DEFERRAL of consideration of any Ordinances.
Mr. Clarence Warnstaff, Director of Public Utilities, advised an on-stte determination of the wetlands
will be made and this will require additional time. Responses to City Council's concerns will be provided.
January 3, 1995
- 30 -
Item III-L.$.
UNFINISHED BUSINESS
ITEM # 38 711
ADD -ON
Councilman Dean inquired relative the crtteria to be part of the Standards of Quality (SOQ) at the State
and Local level for education
Councilman Moss advised 65% of the schools positions are covered by Standards of Quality, 35% are
not.
Mayor Oberndorf advised the Chairman, Vice Chairman of the School Board and Superintendent of
Schools referenced their desire there not be two classes of employees.
Robert Matthias, Assistant City Manager, will request the State to provide an explanation relative these
two classes.
January 3, 1995
- 31 -
Item III-M. 1.
NEW BUSINESS
ITEM # 38712
Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council ADOPTED:
Resolution to urge the General Assembly provide additional and adequate
funding re implementation of Senate Bill 2008 without impacting local
Government revenues for the increased funding to City and School
retirees.
(Sponsored by Council Member Barbara M. Henley)
Voting: 10-0
Council Members Vottng Aye.
John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy I~ Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
January 3, 1995
A RESOLUTION URGIN~ THE GENERAL ASSEMBLY
TO PROVIDE ADDITIONAL AND ADEQUATE FUNDING
TO IMPLEMENT SENATE BILL 2008 WITHOUT
IMPACTING LOCAL GOVERNMENT REVENUES
WHEREAS, the passage of Senate Bill 2008 places an unfunded
mandate for retirement costs of approximately $745,000 upon the
City of Virginia Beach;
10
11
12
13
WHEREAS, the passage of this bill either requires additional
City funding for the Virginia Retirement System (VRS) of
approximately $1,355,000, or forces the City to adopt a two-tier
benefit structure, which would create an inequitable situation
among equally deserving groups of employees;
14
15
16
WHEREAS, the General Assembly places other unfunded mandates
upon localities, and through constitutional and statutory
restrictions, greatly restricts local taxing authority;
17
18
19
WHEREAS, the additional costs to the State will be largely
offset by the additional income tax revenues, but the City must
bear the additional costs through the real estate property tax;
2O
21
WHEREAS, the General Assembly will soon be considering
legislative and funding issues;
22
23
24
25
26
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that the City Council hereby urges the
General Assembly to provide additional and adequate funding to
implement Senate Bill 2008 without impacting local government
revenues.
27
28
Resolved by the Council of the City of Virginia Beach,
Virginia, on the Third day of January , 1995.
Ruth Hodges Smith, CMC\AAE
City Clerk
f.\users\sjohnsto\vrs, res
- 32 -
Item III-M.2.
NEW BUSINESS
ITEM # 38713
Lou Pace, 1908 Hunts Neck Court, Phone; 468-0925, registered in OPPOSITION
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council DEFERRED
INDEFINITEL Y:
Resolution to request the Congress of the United States to enact
legislation prohibiting the sale or distributton of rhino-ammo and black
rhino ammunition within the Umted States (Sponsored by Council
Member Nancy tC Parker)
Voting. 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent
Vice Mayor William D Sessoms, Jr.
January 3, 1995
- 33 -
Item III-M.3.
NEW BUSINESS
ITEM # 38714
ADD-ON
Mayor Oberndorf referenced correspondence explaining the different proposals in Governor ,4llen 's budget
and their effect on the City of Virginia Beach, as well as other localities. It was accompanied by a
questionnaire the Mayor was requested to send to each member of the General Assembly delegation as
to how the Members wouM vote relative abolishing the Business, Professional, Occupational License
(BPOL) tax
January 3, 1995
- 34 -
Item III-M.4.
NEW BUSINESS
ITEM # $8715
Councilman Moss requested alternative scenarios be developed on the Five Year forecasts based upon
probable outcomes of the Governor's actions and methods to use the net growth in revenue to abate the
need to have the 5.2 cents tax increase for schools.
January 3, 1995
- 35 -
Item III-M.5.
NEW BUSINESS
ITEM # 38716
Councilman Moss referenced the fiscal issue of the Southeastern Public Service Authority, the
possibilities for flow control legislation in Congress and the fly ash deposited at Mount Trashmore II.
As there are going to be signtficant changes, this should be included as part of the analysis by the
Director of Management and Budget.
January 3, 1995
- 36 -
Item III-M. 6.
NEW BUSINESS
ITEM # 38717
Councilman Moss will be forwarding correspondence relative Stormwater Management fee versus a tax
and same will be SCHEDULED for the City Council Session of January 24, 1995
Mayor Oberndorf advised Stormwater fees have nothing to do with the Lake Gaston project, as same as
has been paid for by tncremental increases in the water rate.
January 3, 1995
- 37 -
Item III-N. 1.
ADJOURNMENT
ITEM # 38718
Mayor Oberndorf DECLARED the Ctty Council Meeting ADJOURNED at 5:00 P M
Beverly O. Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
January 3, 1995