HomeMy WebLinkAboutAUGUST 1, 1995 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOMS, JR, At Large
JOHN A BAUM Blackwater Borough
LINWOOD 0 BRANCH Ill V, rg,ma Beach Borough
ROBERT K DEAN, Pnncess Anne Borough
W W HARRISON JR Lynnhauen Borough
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY, Pungo Borough
LOUIS R JONES Bays~de Borough
NANCY K PARKER At Large
LOUISA M STRA YHORN, Kempsmlle Borough
JAMES K SPORE C~ty Manager
LESLIE L LILLEY, C~ty Attorney
RUTIa HODGES SMITH CMC / AAE, Czty Clerk
CITY COUNCIL AGENDA
O,~ OUR N~~0~
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456 9005
(804) 427 4303
August 1, 1995
I. AGENDA REVIEW SESSION
- Conference Room -
1:00 PM
ao
Bo
REVIEW OF AGENDA ITEMS
CITY COUNCIL CONCERNS
II. INFORMAL SESSION
- Conference Room -
1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
III. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend George Sweet
Atlantic Shores Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - July 11, 1995
G. ADOPT AGENDA FOR FORMAL SESSION
He
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 one
motion.
I. ORDINANCES
i ·
Ordinance to ACCEPT and APPROPRIATE a $4,000 Grant to the
Department of Planning FY 1995-1996 Operating Budget from the
Virginia Department of Forestry re enhancing the City's urban
forestry initiatives, and that estimated revenue from the
Commonwealth be increased accordingly.
·
Ordinance to TRANSFER $1,994 from the General Fund Reserve for
Contingencies to reimburse the Water and Sewer Fund for the
costs of water and sewer fees associated with the construction
of the 1995 Tidewater Builders Association's (TBA) Scholarship
House.
·
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Ocean Front Limousine - Deferred July 11, 1995
Long's Limousine Service
Weddle Antique Limousine Service, Inc.
0
Ordinance to authorize License Refunds in the amount of
S19,062.46.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS
a·
Resolution urging the United States Congress to enact
legislation reinstating the authority of states and
localities to regulate tow truck services.
(Sponsored by Mayor Meyera E. Oberndorf and
Vice Mayor W. D. Sessoms, Jr.)
be
Ordinances re transient lodging tax rate and the City's
Tourism Advertising Program: Deferred July 11, 1995
(Sponsored by Councilman Linwood O. Branch, III)
(1) AMEND and REORDAIN Section 35-159 of the City Code
by increasing the transient lodging tax rate by
$1.00 per night for lodging at any lodging place
other than a campground.
(2) Establish the Virginia Beach Advertising Advisory
Committee.
(3) Establish the Tourism Advertising Program Special
Revenue Fund.
(4) APPROPRIATE $1,435,200 of revenue from the
additional $1.00 per night transient lodging tax.
2. CITY ATTORNEY PRESENTATION - Reapportionment Scheduling
L. ADJOURNMENT
* * * fl * * * fl fl
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)
* * * * * * * * *
07/27/95BAP
AGENDA\08/01/95. ITM
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 1, 1995
Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION of the VIRGINIA
BEACH CITY COUNCIL m the Council Conference Room, City Hall Building, on Tuesday, August 1,
1995, at 1:00 P.M.
Council Members Present:
John A. Baum. Linwood O. Branch, III, Robert IC Dean, William W..
Harrtson, Jr., Harold Heischober, Louis R. Jones, Mayor Meyera E.
Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Barbara M. Henley
[ENTERED: 1:03 P.M.]
Louisa M. Strayhorn [ENTERED: 1:08 P.M.]
-2-
AGENDA
REVIEW
1:00 P.M.
SESION
ITEM # 39537
Mayor Oberndorf referenced:
Item L3. a. CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY:
Ocean Front Limousine - Deferred July 11, 1995
Mayor Oberndorf referenced the correspondence from the City Attorney requesting DEFERRAL until
the City Council Session of August 8, 1995, in order to receive a formal written opinion from the Attorney
General.
ITEM # 39538
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
1.1.
ORDINANCES
Ordinance to ACCEPT and APPROPRIATE a $4,000 Grant to the
Department of Planning FY 1995-1996 Operating Budget from the
Virginia Department of Forestry re enhancing the City's urban forestry
initiatives, and that estimated revenue from the Commonwealth be
increased accordingly.
L2.
Ordinance to TRANSFER $1,994 from the General Fund Reserve for
Contingenctes to reimburse the Water and Sewer Fund for the costs of
water and sewer fees associated with the construction of the 1995
Tidewater Builders Association's (TBA) Scholarship House.
1.3.
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Ocean Front Limousine - Deferred July 11, 1995
Long's Limousine Service
Weddle Antique Limousine Service, Inc.
1.4.
Ordinance to authorize License Refunds in the amount of $19,062.46.
August 1, 1995
-3-
AGENDA REVIEW SESION
ITEM # 39539
Mayor Oberndorf referenced correspondence from Councilman Branch requesting DEFERRAL of the
following Ordinances until the City Council Session of August 22, 1995:
Kl.b.
Ordinances re transient lodging tax rate and the City's Tourism
Advertising Program: Deferred July 11, 1995
(Sponsored by Councilman Linwood O. Branch, III)
AMEND and REORDAIN Section 35-159 of the Ctty Code by
increasing the transient lodging tax rate by $1.OO per night for
lodging at any lodging place other than a campground.
Establish the Virginia Beach Advertising Advisory Committee.
Establish the Tourism Advertising Program Special Revenue
Fund.
APPROPRIATE $1,435,200 of revenue from the additional
$1.00 per night transient lodging tax.
August L 1995
-4-
COUNCIL CONCERNS
1:10 P~VI.
ITEM # 39540
Councilman Harrison referenced the Ordinance upon application of P. H. Rose for a Change of Zoning
from 1-1 to 1-2 APPROVED on September 28, 1993. The City Council had imposed the following
conditions:
Based upon the applicant's representations, the City Manager and Staff
shall not issue any building or occupancy permits based upon the current
approved site plan. The applicant shall submit a revised site plan which
includes improvements as follows:
.
A hard surfaced road, either concrete or asphalt, for ingress
and egress to the applicant's facility. Such roadway shall be
completed within 12 months of approval of the revised site
plan.
Installation of permanent toilet facilities on-site. Such
facilities shall be completed within 6 months of approval of the
revised site plan.
Additionally, until the road and toilet facilities have been completed, the
Staff shall not issue a permanent occupancy permit for the applicant's
proposed facility, but may issue a temporary occupancy permit based
upon a revised approved site plan.
On March 14, 1995, City Council DENIED EXTENSION OF TIME TO COMPLY WITH
CONDITIONS. During the presentation made by the OPPOSITION, TARMAC advised of illegal dumping
of concrete materials. Recently, TARMAC gave Councilman Harrison a series of aerial photographs,
which illustrate the dumping.
The City Manager will research and advise.
ITEM # 39541
Council Lady Parker referenced concerns of property owners on the west side of Salem Road, Mr.
Ferrell's daughter and granddaughter believe they are being isolated and would like to have the
opportunity to have their property purchased.
The City Manager advised meeting with the residents and same is being researched by J~m Lawson. Real
Estate Agent. This issue will be scheduled for a City Council Session.
August 1, 1995
-6-
COUNCIL CONCERNS
ITEM # 39543 (Continued)
Concern was expressed regarding Commonwealth College. There was a deed restriction relative the trees;
however, the trees were bulldozed. As these deed restrictions were ignored, the Civic League was not
convinced buffering would be provided to assure privacy.
Relative the Larkspur Middle School, the Civic League advised the City did not adhere to the concerns
of the community. There was not a regular pickup of trash. The community was informed an office of the
Richard Milburn School, not the school, would be located in the vicinity; however, the school was placed
there.
BY CONSENSUS, a PUBLIC HEARING shall be SCHEDULED for the City Council Session of August
22, 1995. relative site specific location of the Social Services Building on South Independence Boulevard
and Holland Road (land bordering Larkspur and larkspur Meadows).
Cecil V. Cutchins, President - Olympia Development Corporation, will be requested to attend the Public
Hearing and address concerns.
comprehensive analysis shall also provide alternaave sites re location of the Social Services Building.
August 1, 1995
-7-
ITEM # 39544
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, August 1, 1995, at 2:12 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Absent:
Louisa M. Strayhorn
August 1, 1995
-8-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
August I, 1995
2:15 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 1, 1995, at 2:15 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION:
Reverend George Sweet
Atlanttc Shores Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined tn the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessorns' letter of January 10, 1995, is hereby made a part of the record.
August 1, 1995
-9-
Item III-E. 1
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39545
Certification was not necessary as no EXECUTIVE SESSION was held.
August 1, 1995
- 10 -
Item III-F. 1
MINUTES
ITEM # 39546
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSION of July 11, 1995.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 1995
- 11 -
Item III-F. 2.
MA YOR 'S PRESENTATION
ITEM tt 39547
Mayor Oberndorf recognized:
BOY SCOUT TROOP 363
HA YGOOD METHODIST CHURCH
The Boy Scouts were in attendance during the City Council Session to earn their citizenship community
merit badges.
August 1, 1995
- 12 -
Item III-F.$.
MA YOR 'S PRESENTATION
ITEM # 39548
Mayor Oberndorf PROCLAIMED:
AUGUST 1,1995
AS
AMBER MEDLIN DA Y
Amber Medlin, Miss Virginia Beach, has become the new reigning Miss Virginia, having demonstrated
unique qualities that have set her apart as a shining example of poise, intelligence and talent.
Miss Medlin accompanied by Polly Pierce ACCEPTED the Proclamation.
August 1, 1995
- 13 -
Item III-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39549
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FO~ SESSION
August 1, 1995
- 14 -
Item III-H.
CONSENT ,4GEND,4
ITEM # 39550
ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Councilman Harrison, City Council APPROI~D in
ONE MOTION, Items 1, 2, 3a, 3b, 3c. and 4.
Item 3 a. was DEFERRED until the City Council Session of August 8, 1995.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 1995
- 15 -
Item III-L1.
CONSENT AGENDA
ITEM # 39551
ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $4,000 Grant to the
Department of Planning FY 1995-1996 Operating Budget from the
Virginia Department of Forestry re enhancing the City's urban forestry
initiatives, and that estimated revenue from the Commonwealth be
increased accordingly.
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 1995
AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
IN THE AMOUNT OF $4,000 TO THE FY 1995-96 OPERATING
BUDGET OF THE DEPARTMENT OF PLANNING FROM THE
VIRGINIA DEPARTMENT OF FORESTRY FOR THE PURPOSE OF
ENHANCING THE CITY'S URBAN FORESTRY INITIATIVES
WHEREAS, the Department of Planning has apphed for, and been awarded, a grant in the
amount of $4,000 by the Commonwealth of Virg~ma Department of Forestry for the purpose of
enhancing the City's Urban Forest through the City's Green Schools Program,
9
10
WHEREAS, members of the Habitat Enhancement Committee will assist schools in the
establishment of tree nurseries for future use within the community at various school sites,
11
12
13
WHEREAS, members of the Habitat Enhancement Committee will develop, with the
assistance of the City's Science Curriculum Coordinators, printed curriculum guides and an
educational video relating to urban forestry issues for in-class use, and
14
WHEREAS, this grant requires no additional matching funds from the City
15
16
17
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that a grant from the Vlrglma Department of Forestry in the
amount of $4,000 be accepted and appropriated to the FY 1995-96 Operating Budget of the
Department of Planning for the purpose of enhancing the City's urban forestry program,
19
20
BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth for FY
1995-96 be increased by $4,000
21
22
23
Tlus ordinance shall be in effect from the date of its adoption
Adopted the 1 day of August
Virginia
,1995, by the Council of the C~ty of Vlrgima Beach,
F/SWJ/urbforst ord
APPROVED AS TO CONTENT
Walter C Kraemer, Jr
Department of Management Services
APPROVED AS TO
- 16 -
Item 111-1.2.
CONSENT AGENDA
ITEM # 39552
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to TRANSFER $1,994 from the General Fund Reserve for
Contingencies to reimburse the Water and Sewer Fund for the costs of
water and sewer fees associated with the construction of the 1995
Tidewater Builders Associ~ion's (TBA) Scholarship House.
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 1995
AN ORDINANCE AUTHORIZING THE TRANSFER OF
$1,994 FROM THE GENERAL FUND RESERVE FOR
CONTINGENCIES FOR THE PURPOSE OF REIMBURSING
THE WATER AND SEWER FUND FOR THE COSTS OF
WATER AND SEWER FEES ASSOCIATED WITH THE
CONSTRUCTION OF THE 1995 TBA SCHOLARSHIP HOUSE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
WHEREAS, the Tidewater Builders Association (TBA)
supports worthy area high school seniors with scholarships from the
TBA Scholarship Fund;
WHEREAS, the Scholarship Fund receives its principal
funding from the proceeds of the sale of the TBA Scholarship House;
WHEREAS, the City of Virginia Beach has shown its support
for this program by reimbursing the Water and Sewer Fund, as a
charitable gift to the Scholarship Fund, the costs of water and
sewer fees associated with construction of the 1995 Scholarship
House; and
WHEREAS, the 1995 Scholarship House is being built in the
Highgate Greens subdivision by Creative Homes Ltd., and the cost of
construction includes water and sewer fees of $1,994.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby authorizes the transfer of
$1,994 from the General Fund Reserve for Contingencies for the
purpose of reimbursing the Water and Sewer Fund, as a charitable
gift to the Tidewater Builders Association Scholarship Fund, the
costs of water and sewer fees associated with construction of the
Tidewater Builders Association's 1995 Scholarship House.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 1 day of Au§ust , 1995.
CA-6036
ORDIN\NONCODE\TBA.ORD
R-1
PREPARED: July 12, 1995
APPROVED AS TO LEGAL
Department of Law
-17-
Item III-I. 3. a
CONSENT AGENDA
ITEM # 39553
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED until
the City Council Session of August 8, 1995:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
Ocean Front Limousine
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August I, 1995
- 18 -
Item III-L 3. b/c.
CONSENT AGENDA
ITEM # 39554
ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Councilman Harrison, City Council ADOPTED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
Long's Limousine Service
Weddle Antique Limousine Service, Inc.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 1995
- 19 -
Item III-L 4.
CONSENT AGENDA
ITEM # 39555
ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authortze License Refunds in the amount of $19,062.46.
upon application of certain persons and upon certification of the
Commissioner of the Revenue.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 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 apphcations for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int.
Year Paid
Bitting, Yang Y 1993-94
T/A Yoms Tailor Shop (formerly)
809 Arondale Crescent
Chesapeake, Va. 23320
Audit $34.02
To~l
$34.02
Corllss, Jon W 1993-94
T/A Power Golf Products
3893 Sunstream Parkway
Virginia Beach, Va. 23456
Audit $10.00
$10.00
Denby, George W 1993
T/A Georges General Contractzng
1300 Olzve Road
Vlrg~nza Beach, Va. 23464
Audit $32.00
$32.00
Edens, Hugh T & Laleta L 1994 Audit
T/A Todays/Tommorrows Antique & collections
640 Jacquelln Avenue
Virgznza Beach, Va. 23462
$10.00
$10. O0
Cerbhed as to Payment
~bmernn, sPs, oVna~?;fa~ e <~R e v e-n u e
ThIs ord,nance shall be effective from date of
adoption
The above abatement(s) totahng $86.02
of the C~ty of V~rg~n~a Beach on the 1 day of
Approved as to form
L~ L. L, II"~y "'/.L__--~ '~.
C~ty Attorney
were approved by the Councd
August ,19 95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING UCENSE 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 Penalty Int.
Year Pad
Miller, George J
T/A Commerce Realty
524 Virginia Avenue
Virginia Beach, Va.
23451
1993-94 Audit $103.34
Southeast Service Corporation 1995
P. O. Box 19
Knoxville, Tn. 37901
Kambyz Gilanshah, President
230 Incorporated
1846 Horseback Trail
Vienna, Va. 22182
6/7/95 $179.25
1995 4/12/95 $430.00
Total
$103.34
$179.25
$430.00
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $712.59
1
of the City of V~rg~n~a Beach on the day of
Cemfled as to Payment
ert P VaughahJ
Commissioner of the Revenue
Approved as to form'
Le"'~li/e L. LJl'l'l~ey~,~----,,,j
C~ty Attomey~," '
were approved by the Council
August , 19 95
Ruth Hodges Smith
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 BF_ACH, VIRGINIA.
That the following apphcabons for hcense refunds, upon cert~ficabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Alhance Enterpnses Inc
1108 P~ckett Road
Norfolk, VA 23502
1993 Audit $95.57 $95.57
Alhed Matenals of T~dewater
T/A Alhed Materials 1995
210 W. R~ttenhouse Square, S-2402
Philadelphia, PA 19103
Arnngton, Cathy L.
T/A Lunch Etc
3734 W Stratford Road
V~rg~ma Beach, VA 23455
Audit $1,111.26 $1,111 26
1994 Audit $30.00 $30.00
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $1,236 83
of the C~ty of V~rg~n~a Beach on the
Cerbfied as to Payment'
(~F~bert P Vaugh~,/
Comm~ssmner of the Revenue
Approved as to form.
"q,~sfi'e L. Lilley
C~ty Attorney
were approved by the Council
day of August ,19 95
Ruth Hodges Smith
C~ty Clerk
FORM NO CA I~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 apphcabons for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT TOTAL
YEAR PAID
Templeton, Fehx, President
Bungee Thr~lls Inc
T/A Beach Bungee
108 Atlanbc Avenue
V~rg~n~a Beach, VA 23451
1994 Audit $277.07 $277.07
GBF Contact Lenses Inc
4217 V~rg~ma Beach Blvd.
V~rg~ma Beach, VA 23452
1991-94 Audit $661 02 $661 02
Gordon, Vanessa 1993-94
T/A Art Greebngs
2129 General Booth Blvd., #311
V~rg~n~a Beach, VA 23454
Audit $12.00 $12.00
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $950.09
of the C~ty of V~rg~nm Beach on the 1
Certified as to Payment'
c/---flB"6"ert P. Vaughan
Commissioner of the Revenue
Approved as to form
ti'"~sl,e L L~lley ~
C~ty Attorney
were approved by the Council
day of August ,19
95
Ruth Hodges Smith
C~ty Clerk
FrOf~M NO CA II~V ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY T-HE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT.
YEAR PAID
TOTAL
Holloway, Ronald M. & Rosahnd
T/A Tyldop 1993-94
2128 Spnng Meadows Court
V~rg~ma Beach, VA 23456
Jack Frost F~rewood Inc.
T/A Jack Frost Enterprises
514 P~newood Drive
V~rg~ma Beach, VA 23451
1994-95
Messier, M~chael H 1995
T/A Spray Away Pressure Washing
2112 Sp~nmng Wheel Court
V~rg~ma Beach, VA 23456
Audit $114.00
Audit $182.92
Audit $10 00
Th~s ordinance shall be effective from date of
adopbon
The above abatement(s) totaling $306.92
of the C~ty of V~rg~n~a Beach on the 1
$114 00
$182.92
$10 00
Certified as to Payment.
~.....ROl~ert P Vaughan Rev~en
Commissioner of the ue
Approved as to form.
C~ty Attorney
were approved by the Council
day of August ,19 95
Ruth Hodges Smith
C~ty Clerk
FORM NO CA IFIEV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following apphcat~ons for hcense refunds, upon cerbflcat~on
of the Commissioner of the Revenue are hereby approved'
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
L~nden Advertising Agency Inc.
T/A L~nden Agency
5700 Cleveland Street, #345
V~rg~n~a Beach, VA 23462
1993 Audit $359.45 $359.45
Metrocall of Delaware Inc.
T/A Metrocall
6677 R~chmond H~ghway
Alexandria, VA 22306
1995 5/30/95 $538.41 $538 41
M~cro Information Serwces Corp.
T/A Mmro Information Services
722 Woodstock Road 1991-93
V~rg,n~a Beach, VA 23464
Audit
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $959 54
of the C~ty of V~rg~n~a Beach on the
$61.68 $61 68
Cerbfled as to Payment'
/~----~~c°obme~ i sPs ioVna;rg ho~h e ~e n u e
Approved as to form:
s'li'e L L~ ITi~y /L._._..~'""---~
C~ty Attorney
were approved by the Council
day of ^u§ust ,19 95
Ruth Hodges Smith
C~ty Clerk
FOI"I4 NO CA I~IL='V 3/11
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 certwflcabon
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT
YEAR PAID
TOTAL
Mortgage Service America Co.
5350 Redwood Hwy. North
Petaluma, CA 94952
Nelson Refngeratmn Inc
3626 D Street
Omaha, NE 68107-1392
Oceanography Society The
1124 W~venhoe Way
V~rg~ma Beach, VA 23454
1993-95 Audit $683.33
1992-94 Audit $3,183.58
1992-94 Audit $13 20
$683 33
$3,183 58
$13.20
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $3,880.11
of the C~ty of V~rg~n~a Beach on the
Certified as to Payment.
F___~R'0bert P. Vaughan ~
Commissioner of the Revenue
Approved as to form'
~-'~sh~ L L, Iley
C~ty Attorney
were approved by the Council
August
day of ,19
95
Ruth Hodges Smith
C~ty Clerk
FORMI~IO CA I~EV 3~1
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 hcense refunds, upon cert~flcabon
of the Comm~ssmner of the Revenue are hereby approved.
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Pavhcek, Tomas J. 1993-95
T/A International Designers/Topex
P O. Box 9846
V~rg~ma Beach, VA 23450
Pett~ford, Robert J.
T/A D~amond C I Invesbgat~ons
8641 Albemarle Drive
Norfolk, VA 23503
Audit $22.00
Quahcon Corporabon
1209 Baker Road, #316
V~rg~ma Beach, VA 23455
1993-95 Audit $20.00
1992-94 Audit $512.62
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $554.62
of the C~ty of V~rg~n~a Beach on the
$22.00
$20.00
$512 62
Certified as to Payment:
fm~sP;, oVn~rg ho;~h~R even u e
Approved as to form.
L"~e~e L. L, Ile~j~' ~
C~ty Attorney
were approved by the Councd
August 95
day of ,19
Ruth Hodges Smith
City Clerk
FORM NO CA I~V ~
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 certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Senmr Enterpnses Inc. 1993-94
T/A V~rglma Semor Pubhcabons
421 304 Harbour Point
V~rg~ma Beach, VA 23451
Sports Authority Inc. The
3383 N State Road 7
Fort Lauderdale, FL 33319
1993-94
Wakefield, O M, D.O.
3304 Arcbc Avenue
V~rg~ma Beach, VA 23451
Audit $29 96 $29 96
Audit $8,325 67 $8,325 67
1995 6/7/95 $427 51 $427 51
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $8,783 14
of the C~ty of V~rg~n~a Beach on the 1
Cerbfled as to Payment.
jm~,s~s,oVnaeUrg~o~n e~Reven ue
Approved as to form'
"l~e L L~y'"'
C~ty Attorney
were approved by the Council
day of August ,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 apphcat~ons for hcense refunds, upon cert~flcabon
of the Commmmoner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Wholesale Printers Inc.
2432 Inglemde Road
Norfolk, VA 23513
1993-94 Audit $47.80 $47 80
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $47 80
of the C~ty of V~rg~n~a Beach on the
Certified as to Payment:
R~ P.-Vau~l~an ~
Commissioner of the Revenue
Approved as to form
"'~esl~e L. L'~iey ~
C~ty Attorney '
were approved by the Council
day of August ,19
95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA'
That the following apphcabons for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Atlantic Welding & Fab Inc.
5325 Cleveland Street, #306
V~rg~ma Beach, VA 23462
Childhood Treasurers Inc.
T/A Childhood Treasures
4291 Holland Road, #517
V~rg~ma Beach, VA 23452
Hank~ns, Debra L, Premdent
Pro Pet Inc
537 V~rg~ma Dare Dr~ve
V~rg~ma Beach, VA 23451
1993-95 Audit $1,005.04 $1,005.04
1994-95 Audit $387.76 $387.76
1993-94 Aud,t $13.20 $13 20
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $1,406.00
of the C~ty of V~rg~n~a Beach on the
Certified as to Payment.
~--~c~bf~,sP;,~na;rg~~e
Approved as to form:
(~L~e~'lie L L~lley ~"_//--~
C~ty Attorney
were approved by the Council
day of August ,19 95
Ruth Hodges Smith
C~ty Clerk
FOI~I4 NO C~ II~'V
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 apphcatJons for hcense refunds, upon certJflcabon
of the Commissioner of the Revenue are hereby approved.
NAME LICENSE DATE BASE PENALTY INT.
YEAR PAID
TOTAL
Waller, Jerome
T/A House of Fashions
1600 Sword Court
V~rg~ma Beach, VA 23464
Warren, Cynthia O'Connor
T/A Warren Jewelry
2044 Grey Fox Lane
V~rg~ma Beach, VA 23456
Western Branch Electric Inc.
5700 Craneybrook Lane
Portsmouth, VA 23703
1993-94 Audit $114.00
1993-94 Audit $10.00
1993 Audit $14 80
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $138 80
of the C~ty of V~rg~n~a Beach on the ~l
$114.00
$10.00
$14 8O
Certified as to Payment:
(~~Co j~,sP;,oVnaeUrgoRofa~h e ~even ue
Approved as to form'
were approved by the Council
day of August ,19 95
Ruth Hodges Smith
C~ty Clerk
- 20 -
Item III-K.l.a.
NEW BUSINESS
ITEM # 39556
COUNCIL-SPONSORED ITEMS
Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council ADOPTED:
Resolution urging the United States Congress to enact legislation
reinstating the authority of states and localities to regulate tow truck
services. (Sponsored by Mayor Meyera E. Oberndorf and Vice Mayor W.
D. Sessoms, Jr.)
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 1995
Requested by Mayor Meyera E. Oberndorf
and Vice-Mayor William D. Sessoms, Jr.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
A RESOLUTION URGING THE UNITED
STATES CONGRESS TO ENACT LEGISLATION
REINSTATING THE AUTHORITY OF STATES
AND LOCALITIES TO REGULATE TOW TRUCK
SERVICES
WHEREAS, as a large residential community and leading resort
city, the City of Virginia Beach is subject to a substantial volume
of vehicular traffic;
WHEREAS, because of the need to regulate parking on both
public and private property, and to remove illegally parked
vehicles in a timely manner, it is necessary that there exist in
the City well-managed tow truck services;
WHEREAS, the Federal Aviation Administration Authorization Act
of 1994, HR 2739, amended the Interstate Commerce Act, effective
January 1, 1995, by preempting the authority of state and local
governments to regulate the rates charged and services performed by
tow truck services;
WHEREAS, subsequent to this "deregulation," the City has
received numerous complaints and concerns from citizens alleging
the very abuses which the City's towing ordinance was originally
adopted to address; and
WHEREAS, reinstatement of the authority of states and
localities to regulate tow truck services is considered essential
to ensure quality of service, to prevent abusive price structuring
in the industry, and to protect the safety and welfare of the
general public.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby urges the United States Congress
to enact legislation reinstating the authority of states and
localities to regulate tow truck services.
32
33
34
35
AND BE IT FURTHER RESOLVED:
That the City Clerk is hereby directed to furnish copies of
this Resolution to Senators Charles S. Robb and John W. Warner, and
to Congressman Owen B. Pickett.
36
37
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ] day of Au§ust , 1995.
38
39
40
41
CA-5811
ORDIN%NONCODE%TOWING.RES
R-6
JULY 26, 1995
- 21 -
Item III-K. 1.b.
NEW BUSINESS
ITEM # 39557
COUNCIL-SPONSORED ITEMS
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council DEFERRED
UNTIL AUGUST 22, 1995 CITY COUNCIL SESSION:
Ordinances re transient lodging tax rate and the City's Tourism
Advertising Program: Deferred July 11, 1995
(Sponsored by Councilman Linwood O. Branch, III)
Ao
AMEND and REORDAIN Section 35-159 of the City Code by
increasing the transient lodging tax rate by $1.00 per night for
lodging at any lodging place other than a campground.
B. Establish the Virginia Beach Advertising Advisory Committee.
C
Do
Establish the Tourism Advertising Program Special Revenue
Fund.
APPROPRIATE $1,435,200 of revenue from the additional
$1.00 per night transient lodging tax.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August L 1995
- 22 -
Item III-K2.
NEW BUSINESS
ITEM # 39558
CITY A~ORNEY PRESENTATION
REAPPORTIONMENT SCHEDULING
The City Attorney advised the 1995 General Assembly amended the City's Charter to require the
REAPPORTIONMENT of the City's Election System.
Generally, the Charter Amendment requires that.
The current Boroughs be reapportioned into equally populated residence
districts for the 1998 Council elections.
An advisory referendum be held in May 1996 to determine whether the
Councilmembers elected from districts shall be elected by voters of the
district or at-large (i.e., single member districts or residency districts).
Specifically, the Charter Amendment requires the Council to:
On or before January 1, 1996: To petition the court to order an advisory
referendum in May 1996 on the question of whether Councilmembers
shall be elected by voters of the district or at-large.
On or before March 1, 1996: Reapportion the boundaries of the current
Boroughs into equally populated election districts and name those
districts.
At the May 1996 Council election: The Borough representatives of
Princess Anne, Blackwater and Virginia Beach will be elected to two -
(2) year terms to allow the 1998 transition.
Council must consider the results of the 1996 Advisory Referendum.
Reapportionment Working Schedule
(Subject to change)
August I, 1995
Brief Council on requirements of Charter change; proposed
schedule for Council to approve equally-populated residence
districts no later than first meeting in December 1995
Request authority to hire Election Data Services (EDS) to
assist in preparation and Justice Department pre-clearance
process.
August 1, 1995
Item III-IC2.
NEW BUSINESS
ITEM # 39558 (Continued)
CITY ATTORNEY PRESENTATION
REAPPORTIONMENT SCHEDULING
August 1, 1995, through August 15, 1995
Planmng Department to obtain hardware and/or software
required to develop alternative election plans.
Planning Department and/or Voter Registrar to have maps and
matertals for individual Council Member's use in drawing
suggested plans.
City Attorney's Office will develop and distribute parameters of
the Voting Rights Act in the drawing of new/amended election
plans.
Voter Registrar to provide past 1993 election data to EDS-
EDS to commence preparing an analysis on how Virginia
Beach voting patterns will affect Justice Department pre-
clearance approval of changes in residence districts.
August 15, 1995, through October 10, 1995
Individual Councilmembers to meet with Planning Department
and/or Voter Registrar representatives and draw individual
plans.
EDS to be available to comment on particular plan's
compliance wtth Voting Rights Act/Justice Department
requirements.
September 15, 1995 through October I0, 1995
Public to meet with Planing staff and/or voter Registrar to
draw proposed alternative plans.
Planning staff to have packages available at Planning
Department, Voter Registrar, Seatack Community Center, and
Central Library for public to draw and suggest alternative
plans.
Submit proposed May Referendum question to Council for
consideration and revision.
Copies of proposed plans to be placed in Central Library,
office of Voter Registrar, entrance to Councd Chambers, and
Seatack Community Center by the Planning Department for
public to view.
August 1, 1995
- 24 -
Item III-K. 2.
NEW BUSINESS
ITEM # 39558 (Continued)
CITY A~ORNEY PRESENTATION
REAPPORTIONMENT SCHEDULING
October 30, 1995
Submit pre-clearance package to Department of Justice on
two year terms for May 1996 borough elections, and advisory
referendum required to be held in May 1996.
Public Hearing on plans submitted by Councilmembers and
public.
Council ADOPTS May 1996 Referendum question.
November 7, 1995
Night public hearing on all plans.
November 7, 1995, to November 28, 1995
Council to select plans for EDS analysis
Practical and legal analysis of proposed plans prepared.
December 5, 1995
Council to adopt a plan for revised residence districts.
Additional considerations:
The services of an election data expert are necessary to
develop the appropriate guidance in preparing new districts;
request Council concurrence to submit an ordinance on August
8, 1995 appropriating $35,000 to fund these services.
The Planning Department will need additional computer
equipment; City Attorney will seek the City Manager's
concurrence in obtaining those items.
Pre-clearance under the Voting Rights Act is a condition
precedent to each proposed change.
Changes must be final actions before submitted.
Minimum time for pre-clearance after submission is 60 days.
August 1, 1995
ITEM # 39559
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: (2:55
P.M.)
LEG, dL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(,4)(7).
Lake Gaston Water Supply Project
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).
Condemnation - Norfolk Airport Authority
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye.
John ,4. Baum, Linwood O. Branch, III, Robert I~L Dean, William W..
Harrison, Jr. Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 1995
- 26 -
ITEM # 39560
Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, Ctty Hall Building, on Tuesday, August 1, 1995, at 3:45 PM.
Council Members Present.
John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W..
Harrison, Jr., Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~
Parker and Louisa M. Strayhorn
Council Members Absent:
Harold Heischober, Barbara M. Henley and Vice Mayor William D.
Sessoms, Jr.
August 1, 1995
- 27 -
ITEM # 39561
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, 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:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr. Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy IC
Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, Barbara M. Henley and Vice Mayor William D.
Sessoms, Jr.
August 1, 1995
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 39559 Page No. 25 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 thc 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.
~u(h Hodg~ S~ith, CMC/AAE
City Clerk
August 1, 1995
- 28 -
COUNCIL CONCERNS
ITEM tt 39562
Councilman Dean referenced major problems involving leaking underground storage tanks within the
City. The site of one is the Windsor Woods Fire Station Number 16.
Councilman Dean advised there is a proposed shift of Department responsibility for above ground and
underground storage tanks from General Services to the Public Works Department. Councilman Dean
had been assured the City is in compliance with the State regulations.
The City Manager advised alternatives have been investigated for the underground storage program, but
a study or decision has not been made.
ITEM ti 39563
Councilman Dean referenced correspondence on behalf of the Mayor's Committee for the Disabled,
distributed to all members of City Council. Mayor Oberndorf and Councilman Dean will sponsor a
Resolution for the City Council Session of August 8, 1995, to increase the parking penalty for illegal use
of handicapped spaces from $50.00 to $100.00.
ITEM ti 39564
Councilman Dean requested information relative the current status of Celebration Station. The City
Attorney will advise.
ITEM ti 39565
Councilman Dean referenced correspondence to Council Members from the City Attorney relative the
Ordinance to authorize acquisition of property in fee simple for right-of-way for Salem Road (CIP 2-
930); and, acquisition of temporary and permanent easements of right-of-way, either by agreement or
condemnation by reason of public necessity. (ADOPTED by the Council of the City of Virginia Beach
on July 11, 1995). The City Attorney clarified the amendment "with assurance of a life estate option
to homeowners ".
ITEM ti 39566
Councilman Dean had been advised of the assembling of a Lake Ridge Task Force. The City Manager
advised there was a staff level group developing options for the City Council relative Lake Ridge.
Councilman Dean suggested following the same process as the Corporate Landing Task Force.
Councilman Dean wished to be apprised of the situation.
August 1, 1995
- 29 -
ADJOURNMENT
ITEM # 39567
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:55 P.M.
-~B-~-everly O. H~~~,'
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
August I, 1995