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HomeMy WebLinkAboutJANUARY 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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; 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 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 58 59 60 61 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 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 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 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 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. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of January 1995 63 64 65 66 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. ao $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, 10 11 12 13 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 14 15 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 16 17 18 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 19 20 21 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 8 9 10 11 12 13 14 - 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 15 16 BE IT FURTHER ORDAINED, that FY 1994-95 estimated federal revenues ~n the Shenff's Special Revenue Fund be increased by $112,000 17 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 10 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 11 12 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 13 14 15 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 16 17 18 19 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 a 20 21 Adopted by the Council of the City of Virginia Beach, Virginia on this January 1995 Third day of 22 23 24 25 ~?~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 10 11 BE IT FURTHER ORDAINED, that FY 1994-95 estimated revenues from the Commonwealth be ~ncreased to reflect the receipt of th~s grant 12 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 7 8 9 10 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. 11 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