HomeMy WebLinkAboutJANUARY 24, 1995 MINUTESCity o£ Vil giani lZ3 2aac ta
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
M4YOR MEYERA E OBERNDORF At Large
VICE MAYOR WILLIAM D SESSOMS JR At Large
JOHN A BAUM Blackwater Borough
LINWOOD 0 BRANCtt, I11 VtrDma Beach B~*ough
ROBERT K DEAN Princess Anne Borough
W W HARRISON JR Lvnnhaven Borough
BARBARA M HENLEY Pungo Borough
LOUIS R JONES Bavstde Borough
JOHN D MOSS At-Large
N4d~rCY K PARKER At Large
LOUISA ~4 STRA YHORN Kempsvtlle Borough
JAMES K SPORE Cdy Manager
LESLIE L LILLEY City Attorney
RUTH HODGES SMITH CMC / AAE C~ty Clerk
CITY COUNCIL AGENDA
281 CITY HALL BUILDING
~dUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456 9005
1804) 427 4303
JANUARY 24, 1995
I. INFORMAL SESSION
- Council Chamber -
3:30 PM
Ae
a.
C.
D.
CALL TO ORDER - Mayor Meyera E. Oberndorf
ROLL CALL OF CITY COUNCIL
CITY COUNCIL CONCERNS
RECESS TO EXECUTIVE SESSION
II. FORMAL SESSION
- Council Chamber -
6.00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend William R. Kyle, Jr.
Thalia United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - January 10, 1995
G. PRESENTATION
.
RESULTS OF $46.5 Million Bond Sale - 18 January 1995
Patricia A. Phillips, Director - Finance
H. RESOLUTION
.
Resolution to request the Virginia Beach Development Authority pursue preliminary design
work re amphitheater adjacent to Princess Anne Park; and, affirm the use of Economic
Development Incentive Program (EDIP) funds for that purpose.
.
Resolubon to authorize a modification to the 6 December 1994 Agreement between the
C~ty of Virginia Beach and Sea Escape Corporation re public restrooms at 17th Street.
I. 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 AMEND and REORDAIN Chapter 31, Sections 31-1, 31-2.1, 31-2.2,
31-3, 31-4, 31-8 and 31-10 of the Code of the City of Virginia Beach, Virginia, re
disposal of solid waste.
.
Ordinances to ACCEPT and APPROPRIATE funding from the Un~ted States Department
of Housing and Urban Development to the Department of Housing and Neighborhood
Preservabon:
a. $457,860 re Shelter Plus Care Program.
b. $161,580 re Section 8 rental assistance to Iow income households.
.
Ordinance to ACCEPT and APPROPRIATE a $15,000 Grant from the Virginia Department
of Motor Vehicles (VDO'I-) to the Department of Public Works FY 1994-1995 Operating
Budget re regional traffic engineering training.
.
Ordinance to ACCEPT and APPROPRIATE a $40,000 Grant from the Virginia Department
of Enwronmental Quahty; TRANSFER $20,000 as a Grant Match from the
FY 1994-1995/1999-2000 Capital Improvement Program Outdoors Plan Initiative Reserve
to the Department of Planning re development of West Neck Creek Park Canoe Access
and Nature Trail; and, that estimated revenues from the Commonwealth be increased
accordingly.
.
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
NEON LIMOUSINE, INC.
6. Ordinance to authonze License Refunds in the amount of $3,323.16.
J. PUBUC HEARING
1. PLANNING
ao
Application of LOTUS CREEK ASSOCIATES for a Change of Zoning District
Classification from PD-H2 Planned Unit Development District to P-1 Preservation
District on the following parcels, containing approximately 58 acres
(PRINCESS ANNE BOROUGH):
Parcel 1: Twenty (20) feet more or less East of Atwoodtown Road
beginning 703 feet South of Ferrell Parkway
Parcel 2: Three hundred ninety (390) feet more or less East of the
intersection of Atwoodtown Road and Camino Real South
Parcel 3: Three hundred fifty (350) feet more or less East of
Atwoodtown Road beginning 1170 feet more or less South of
Ferrell Parkway
Parcel 4: Six hundred (600) feet more or less East of Atwoodtown
Road beginning 1003 feet more or less South of Ferrell Parkway
Parcel 5: Nine hundred (900) feet more or less East of the
intersection of Atwoodtown Road and Camino Real South
Parcel 6: Sixteen hundred (1600) feet more or less East of
Atwoodtown Road beginning 800 feet more or less South of Ferrell
Parkway
Parcel 7: Seventeen hundred (1700) feet more or less East of
Atwoodtown Road beginning 1200 feet more or less South of
Ferrell Parkway
Parcel 8: Seventeen hundred (1700) feet more or less East of
Atwoodtown Road beginning 2250 feet more or less South of
Ferrell Parkway
Recommendation:
APPROVAL
b.
Application of LORI HOIPKEMEIER for a Conditional Use Permit for a home
occupation (Longaberger baskets) on Lot 1, Block 1, Stratford Forest
(1213 Orkney Drive), containing 21,780 square feet (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
C.
Application of RTR REAL ESTATE CORPORATION for a Conditional Use Permit
for motor vehicle sales on the West s~de of Centerville Turnpike,
50feet more or less South of Kempswlle Road, containing 1.361 acres
(KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
K. APPOINTMENTS
FRANCIS LAND HOUSE
HUMAN RIGHTS COMMISSION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a,
Resolution to express the concern of the Virginia Beach C~ty Council re possible
ehm~nation of the Bus~ness, Professional and Occupational License (BPOL) Tax.
bo
Stormwater Management
Public Comment and City Council Discussion
(Document for Action Scheduled for 7 February 1995)
(Sponsored by Councilman John D. Moss)
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)
01/19/95cm d
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 24, 1995
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Builclzng, on Tuesday, January 24, 1995, at 3.40 P.M.
Council Members Present:
John A. Baum, Ltnwood O. Branch, III, Robert IC Dean, Wdham W.
Harrison, Jr, Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E Oberndorf,, Nancy K Parker, Vice Mayor Wilham D. Sessoms,
Jr, and Louisa M. Strayhorn
Council Members Absent:
None
-2-
CITY COUNCIL CONCERNS
3:40 P.M.
ITEM # 38747
Mayor Oberndorf referenced the prelimtnary Environmental Impact Statement by the Federal Energy
Regulatory Commission reconfirms Lake Gaston as the most responsible choice for water, both from the
environmental and an economic feasibihty aspect. Thts reformation was released on Friday, January 20,
1995.
ITEM # 38748
Mayor Oberndorf made the following suggestions relative the Ctty Council Sessions
(1)
Schedule a Work Session prior to all Council Meetings stmilar
to the Planning Commtsston for the purpose of the City Staff
briefing City Councd on items on the Agenda.
During the Formal Session, each member of Ctty Councd may
make a statement relative why they were or wouM not be
voting on a particular item A specific time wtll be allotted
This might afford a more orderly and expeditious meeting.
ITEM # 38749
Councilman Dean referenced the City Manager's correspondence relative the Dam Neck Road
Landscaping which advised it is the largest landscape plan attempted However, Councilman Dean
believed the Ferrell Parkway project may tie for size with thts project
ITEM # 38750
Councilman Dean advised a PUBLIC HEARING for the Princess Anne Plaza Drainage Project has been
SCHEDULED for Thursday, January 26, 1995, 7:00 P.M. to 9:00 P.M. at the Bow Creek Recreation
Center. The purpose of the meeting is to summarize for the public the major project design features, to
describe the current status and to outline future activtties
ITEM # 38751
Councilman Dean referenced the notice of the Pool Repair Companies. For a temporary period of time
from January 15 to April 30, the City is going to allow the citizens to drain their pools (pools over 7,000
gallons) for repair and then refill them. The letter advised #,dtvtduals shouM use well water Councilman
Dean wouM prefer the language state: "in&viduals must use well water".
ITEM # 38 752
Councdman Dean referenced the $3.2-MILLION owed by the Army Corps of Engineers to the City for
Beach Management. Councilman Dean applauded Senator Robb for attempting to do something on the
City's behalf.
January 24, 1995
-3-
CITY COUNCIL CONCERNS
ITEM # 38753
Councilman Dean advised support of Delegate Tata's position on Reapportionment, which mirrored the
Council's decision and he would not like to see Council Members or staff representations stating otherwise
in Richmond.
Council Lady Henley advised relative Reapportionment, she would hope anythtng other than the
aforementioned proposal would not be given strong consideration. Any changed amendments would not
carry Council Lady Henley's support. She believes City Counctl shouM make it clear the six votes of City
Council would not be there if legtslation is not the same as forwarded to the General Assembly.
ITEM # 38754
Council Lady Henley referenced the Resolution to authortze a modtficatton to the 6 December 1994
Agreement between the City of Virginia Beach and Sea Escape Corporation re public restrooms at 17th
Street (See Item II-H. 2 of Resolutions). Counctl Lady inquired as to the hours the restrooms would be
available to the public and what change is being made.
The City Manager advised the restrooms at Seventeenth Street have routinely been closed November First
through March Fifteenth. The restroorns, on March Sixteenth through April Thirtieth, were open 6:00 A.M.
to 8:00 P.M. and beginmng May First through October Thirtteth, the hours have been 6. O0 A.M. to 1:00
A.M. The sign on the building states the hours are 8'00 A.M. to 11'00 PM. and thcs is incorrect. The
hours were changed; however, the sign was not. The Ctty Manager advised an amendment to the
Resolution will be distributed during the Formal Sesston
ITEM # 38755
Vice Mayor Sessoms referenced the Resolution to express the concern of the Virginta Beach City Council
re possible elimination of the Business, Professional and Occupational Ltcense (BPOL) Tax. (See Item
H-M.I.a NEW BUSINESS). Vice Mayor Sessoms advised amendments to same wtll be distrtbuted during
the City Council Session.
Mayor Oberndorf advised the Resolution was a request by the tlampton Roads Delegation. The other
localities in the region have taken stands on the BPOL tax.
ITEM # 38756
Councilman Moss again referenced the four-way stop in the location of the new movie theaters
(Columbus Loop) and the drainage retention pond. Thts is a very unsafe sttuation. This issue had
previously been reiterated by Councilman Moss on January 3, 1995, when he requested City staff advise.
ITEM # 38757
Councilman Branch tnqutred relative the agenda for the forthcomtng JOINT SESSION with the Planning
Commission.
Mayor Oberndorf advised the Planning Commtssion has requested thcs Session not be held in the City
Council Chamber. They prefer all twenty-two persons be seated around the table equally to discuss issues
as "one team".
January 24, 1995
-4-
CITY COUNCIL CONCERNS
ITEM # 38757 (Continued)
The City Manager advised the City Council could have thetr RETREAT on February 17 and 18 as most
members favored these dates and could meet wtth the Planning Commission during the normal two hour
Workshop Session on Tuesday, February 21, 1995 The Conference Room wtll not be avatlable for the
television cameras until March, which may be a better target date.
Council Lady Henley suggested a larger room t. e. Pavilion for the public to attend. The City Manager
will advise City Council relative a proposed Conference Room and a tentative agenda.
ITEM # 38758
Councilman Moss requested the Agricultural Reserve Program (ARP) be ADDED to the Agenda for
discussion under UNFINISHED BUSINESS.
ITEM # 38759
Council Lady Parker referenced the Status Report on Legislative issues, and inquired if the City Council
requested the City be allowed to test well water (sponsored by Delegate Purkey) and to allow ABC sales
at the amphitheater.
The City Manager advised the well testing is derived from the Water Task Force tn terms of the new
standards on wells. The Ctty wishes to make sure they have clear authortty to require some of the testings.
There are approximately 25 other ctties in the State, which have that authority
January 24, 1995
-5-
ITEM # 38760
Mayor Meyera E. Oberndorf inquired if Members of City Council had any ~tems on the Consent or other
items on the Agenda they wzshed Staff to prepare for the Formal Agenda
January 24, 1995
-6-
ITEM # 38761
Mayor Meyera E. Oberndorf entertained a motion to permit Ctty Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS; Discussion or constderatton of or mterviews
of prospective candidates for employment, assignment, appointment,
promotton, performance, demotion, salartes, chsctphnmg, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit: Appointments: Boards and Commissions:
Francts land House Board of Governors
Human Rights Commtssion
Youth Coordinating Council
PUBLICLY-HELD PROPERTY: Dtscusston or consideration of the
conchtion, acquisition, or use of real property for pubhc purpose, or of
the disposition of publicly-heM property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownershtp by such institutton pursuant to Section 2.1-344(A)(3)
To-Wit.
(1) Lake Ridge
(2) Princess Anne Commons
(3) Seatack Recreation Center
(4) Acqutsitton/Dtspositton - Lynnhaven Borough
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigatton, or other spectfic legal matters requesting the provisions of
legal advice by counsel pursuant to Section 2.1-344(A)(7).
To-Wit: Lake Gaston
Upon motion by Vice Mayor Sessoms, seconded by Counctl Lady Strayhorn, City Council voted to
proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Ltnwood O. Branch, III, Robert ~ Dean, William W.
tlarrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor
Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wtlliam D. Sessoms,
Jr., and Loutsa M. Strayhorn
Council Members Vottng Nay
None
Council Members Absent:
None
January 24, 1995
-7-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
January 24, 1995
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 24, 1995, at 6:00 P.M.
Council Members Present:
John A. Baum, Ltnwood 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
Counctl Members' Absent.
None
INVOCATION:
Reverend Wilham R. Kyle, Jr.
Thaha United Metho&st Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMEI~CA
Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank disclosed there may be
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 Ftdehty Bank. The Vice Mayor regularly makes this Disclosure
as he may or may not know of the Bank's interest tn a,y apphcatton that may come before City Council.
Vice Mayor Sessorns' letter of January 10, 1995, ts hereby made a part of the record. Vice Mayor Sessorns
ABSTAINED on Item H 2 (Sea Escape Corporatton) and J 1 c (RTR Real Estate Corporation) for a
Conchtional Use Permtt.
January 24, 1995
-8-
Item II-~. 1. b
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 38762
Upon motion by Vice Mayor Sessorns, 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 &scussed tn Executive Sesston to
which this certtfication resolution applies,
AND,
Only such public business matters as were ~dentified m the motton
convening the Executzve Session were heard. &scussed or considered by
Virginia Beach Ctty Council.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert 32 Dean, Wdliam W
tlarrison, Jr, Barbara M. Henley, Louts R Jones, John D Moss, Mayor
Meyera E. Oberndorf, Nancy 32 Parker, Vice Mayor Wilham D Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent
None
January 24, 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 # 38761, Page No. 6, 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.
Ri{th Hodges-S~nith,-CM C/AAE
City Clerk
January 24, 1995
-9-
Item II-F. 1.
MINUTES
ITEM # 38763
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Counctl APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of January 10, 1995, as CORRECTED:
ITEM # 38744, Page 29
Resolution to request the General Assembly AMEND Sectton 46.2-906.1
of the Code of Virginia by ADDING
~ ~q ~,~,~ "any count, ci~ or town" to the list of locahttes that
may, by ordmance, provide that any person fourteen (14) years of age,
or younge[ shall wear a protective helmet whenever rtdmg, or betng
carried on a btcycle on any highway, sidewa& or pubhc bicycle path.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrtson, Jr., Barbara M. Henley, Louis R Jones, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Vottng Nay:
None
Council Members Absent'
None
January 24, 1995
- 10 -
Item H-G.I.
PRESENTATION
ITEM # 38764
Patricia Phillips, Director - Finance, advised on Wednesday, January 18, 1995, the City received seven
separate bids on its $46,500,000 General Obligation Public Improvement Ponds, Series of 1995. Seven
&ds were received.
The true interest cost to the City of each of the bids is as follows:
Syndicate headed By
True Interest Cost
Smith Barney, Inc.
Merrill Lynch
J. P. Morgan
ABN-AMRO Securities
Lehman Brothers
First Chtcago
Donaldson Lufldn and Jenrette
5.921%
5.941%
5.955%
5.964%
5.979%
5 982%
6 006%
The true interest cost of the winning bid by Smith Barney of 5.921% represents a significant
accomplishment in light of recent events There were eight groups in this syndicate:
Prudential Securities, Incorporated
Chemical Securities, Inc.
Davenport & Co. of Virginia, Inc.
Craigie Incorporated
Griffin, Kubik, Stephens & Thompson, Inc.
George K. Baum & Company
Dean Witter Reynolds, Inc.
Mrs. Phillips displayed a chart depicttng the Bond Buyer Index for AA Credits summarized since October
1992. The market dropped drastically in 1993. This sale was 92% of that index. Mrs Phillips displayed
a Comparison of Interest Rate Scales used tn municipal tax exempt markets. The City did three or four
basis points better than the AAA scale for that week.
COMPARABLE SALES
JANUARY 18, 1995
State of Mississippi
6.088%
(Issue of $36.4-MILLION G.O. Bonds,
4 Bidders, Rated Aa~AA-)
State of Wisconsin
6.0082%
(Issue of $231-MILLION G.O. Bonds,
5 Bidders, Rated Aa/AA)
Traditionally, the City has six months payments of interest and the first principal payment ts at the end
of the first year. This has been changed slightly The principal payment ts due a little sooner. Running
the debt service schedules of the two saved the City about $3-MILLION tn what it wouM have normally
paid had the original structure been maintamed.
January 24, 1995
- 11 -
Item II-H. 1.
RESOLUTION
ITEM # 38765
E. Dean Block, D&ector of Budget and Evaluation, presented information relative the Amphitheater.
PROJECT OBJECTIVE/DESCRIPTION
Design, construct and open an 18,000 - 20,000 person capacity
arnphitheatre in Virginta Beach on or about April 15, 1996
Location:
Size.
Cost'
Adjacent to Princess Anne Park.
18,000 - 20,000 persons; 6,500
- 7,500 fixed seats; 5,100
parking spaces plus overflow
area.
$13.8-MILLION
PUBLIC FINANCING/FISCAL IMPACT
No Debt
$7.8-MILLION for design and Construction
Roadways via Roadway C. I P
Fiscal Impact
First Year
Five Years.
$. 72-MILLION - $1.11 -MILLION
$4 22-MILLION - $7 05-MILLION
Likelihood is toward higher end of range
&mple payback at midpoint - 6 years 7 months
BUSINESS AGREEMENT
Public Partner: Ctty of Virginia Beach/Virgtnia Beach
Development Authortty (VBDA)
Private Partner: Cellar Door, Inc
Pubhc Investment. $7.8-MILLION
Private Investment. $6.0-MILLION
Owed by VBDA, Leased to Cellar Door, b~c.
Term 30 years
Ground Rent. $120, O00/Year
Improvement Rent. Mtmmum $610, O00/Year
Sponsorship Revenues. 5% to City
If Actual bids are htgher than $13 8-MILLION, costs shared
proportionally. Cellar Door, Inc. pays back those costs in
installments.
Roads constructed by VBDA
January 24, 1995
- 12 -
Item II-H. 1.
RESOLUTION
ITEM # 38765 (Continued)
PROJECT ELEMENT DATES
Site Acquisition 2/16/95 Closing
Create Amphitheatre Parcel
Zoning Parcel
Subdivision Parcel
2/10/95
3/24/95
Rezoning/CUP 3/28/95 to Council
Fee Development Agreement 1/24/95
Roadway Design Authorized 1/24/95
Design Selection 1/31/95
Fmal Project Budget/Schedule 1/27/95
Project Agreements 3/28/95
Transfer Land to Authority 3/28/95
Appropriattons by City 5/9/95
Design Completed 6/95, 7/95
Construction Contract Award 7/95, 8/95
Grand Opening 4/96
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered tn OPPOSITION
The Mayor recognized Councilman Dean and acknowledged hts concern and the nineteen (19) questions
he passed to the Ctty Manager relattve this project.
Upon motion by Councilman Harrison, seconded by ~ce Mayor Sessoms, City Councd ADOPTED.
Resolution to request the Virginia Beach Development Authortty pursue
preliminary design work re amphitheater adjacent to Princess Anne
Park; and, affirm the use of Economic Development Incentive Program
(EDIP) funds for that purpose.
January 24, 1995
- 13 -
Item II-H. 1.
RESOLUTION
ITEM # 38765 (Continued)
Voting. 8-3
Council Members Voting .~lye:
John A. Baum, Linwood O. Branch, III, William W. Harrtson, Jr.,
Barbara M. Henley, Louts R Jones, Mayor Meyera E. Oberndorf, Vice
Mayor William D. Sessoms, Jr., a,d Loutsa M. Strayhorn
Council Members Voting Nay
Robert IC Dean, John D. Moss and Nancy K. Parker
Council Members Absent:
None
January 24, 1995
A RESOLUTION REQUESTING THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY
TO PURSUE PRELIMINARY DESIGN WORK
FOR AN AMPHITHEATER LOCATED ADJACENT
TO PRINCESS ANNE PARK AND AFFIRMING
THE USE OF EDIP FUNDS FOR THAT
PURPOSE.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
WHEREAS, the design and construction of an 18,000-20,000
seat amphitheater has been established as a high City Council
priority; and
WHEREAS, the City of Virginia Beach Development Authority
(Authority), at City Council's request has developed a
public/private partnership, through an RFP process, with Cellar
Door Productions of Virginia, Inc. (Cellar Door); and
WHEREAS, The City Council has recently voted to acquire
land adjacent to Princess Anne Park that may be an appropriate
location for an Amphitheater; and
WHEREAS, it is very desirable to maintain the potential
for a May, 1996 opening of an amphitheater by proceeding with the
preliminary planning and design work, including design of needed
roadway improvements; and
WHEREAS, the Council desires the Authority to move
forward with such preliminary design work, at a cost not to exceed
$600,000.00; and
WHEREAS, the Authority has available sufficient EDIP
funds, the use of which is permitted for these purposes by policy.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Authority is hereby authorized to proceed with
the preliminary planning and design work, including design of
needed roadway improvements, for an amphitheater to be located on
the property adjacent to Princess Anne Park.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
35
36
37
38
39
That city Council affirms the use of available EDIP funds
in an amount not to exceed a total of $600,000.00 for this purpose,
in keeping with existing policy.
Adopted by the Counc i 1 of the City of Virginia Beach,
Virginia, on the 24 day of 3anuary , 1995_.
40
41
42
43
CA-5831
ORDIN\NONCODE\CA5831.Res
R-1
PREPARED: 1/18/95
- 14 -
Item II-H. 2.
RESOLUTION
ITEM # 38766
Attorney R. J. Nutter, II, 4425 Corporation Lane, Phone: 671-6000, represented the applicant
A motion was made by Councilman Branch, seconded by Councilman Harrison, to ADOPT, AS
REVISED* a Resolution to authorize a modification to the 6 December 1994 Agreement between the City
of Virginia Beach and Sea Escape Corporation re public restrooms at 17th Street.
Between March 1st and the Thursday Immediately prtor to Memorial Day
and between the Tuesday tmmediately following Labor Day and October
Mst, the rest rooms shall remain open between the hours of~,.'"~"~,~, a.m.
8.'00 am. and 10. O0 p.m. For the remainder of the period between March
1st and October 31st of year, the rest rooms shall remain open between
the hours of~,.'"~'~,,,, a.m. 8:00 a m and 1 O0 a.m.
Voting:
5-5 (MOTION LOST TO ,4 TIE VOTE)
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III. Robert IC Dean. William W.
Harrison, Jr. and Louis R Jones
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Mayor Meyera E Oberndorf, Nancy
K Parker and Louisa M. Strayhorn
Council Members Absent:
None
Council Members Abstaining:
Vice Mayor William D Sessoms, Jr
Vice Mayor Sessoms ABSTAINED as he had a related busmess request in his office.
January 24, 1995
- 15 -
RESOLUTION
ITEM # 38766 (Continued)
Upon motion by Councilman Branch, seconded by Counctlman Moss, City Council ADOPTED:
Resolution to authorize a modification to the 6 December 1994
Agreement between the City of Virgima Beach and Sea Escape
Corporation re public restrooms at 17th Street
Between March 1st and the Thursday tmmediately prior to Memorial Day
and between the Tuesday immediately followi,g Labor Day and October
31st, the rest rooms shall remain open between the hours' of 6 O0 a.m.
and 10. O0 p.m. For the remainder of the period between March 1st and
October 31st of year, the rest rooms shall remain open between the hours
of 6:00 am. and 1:00 a.m.
Voting: 10-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, Robert ~ Dean, William IV
Harrison, Jr., Barbara M. Henley, Louts R Jone& John D Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
Hce Mayor Sessoms ABSTAINED as he had a related business request in his office.
January 24, 1995
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
A RESOLUTION TO AUTHORIZE A MODIFICATION TO AN
AGREEMENT BETWEEN THE CITY AND SEA ESCAPE
CORP. PERTAINING TO PUBLIC REST ROOMS ON 17TH
STREET
WHEREAS, on December 6, 1994, the City Council approved
an Agreement with the Sea Escape Corp. that, among other things,
provides for public rest rooms on 17th Street at the Oceanfront;
and
WHEREAS, in approving the Agreement, the Council attached
a condition that the rest room hours of operation shall be
equivalent or exceed the hours of the rest rooms on 24th street;
and
WHEREAS, the Sea Escape Corp. has requested that the
hours of operation of the 17th Street rest rooms be modified; and
WHEREAS, the Council is of the opinion that the hours of
operation of the 17th Street rest rooms should be modified.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That Paragraph 4 of the Agreement between the City
and Sea Escape Corp., dated December 6, 1994, as it pertains to the
hours of operation of the public rest rooms is hereby modified as
follows:
Between March 1st and the Thursday immediately
prior to Memorial Day and between the Tuesday
immediately following Labor Day and October
31st, the rest rooms shall remain open between
the hours of 6:00 a.m. and 10:00 p.m. For the
remainder of the period between March 1st and
October 31st of year, the rest rooms shall
remain open between the hours of 6:00 a.m. and
1:00 a.m.
Virginia, on the 24
Adopted by the Council of the City of Virginia Beach,
day of 3anuary , 1995.
CA-5833
ORDI N \ NONCODE \ SEASCAPE. RES
R-1
PREPARED: 01/19/95
- 16 -
Item III-I.
CONSENT AGENDA
ITEM # 38767
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in ONE
MOTION, Items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
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 K Parker, Vice Mayor Wdham D. Sessoms,
Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 1995
-17-
Item III-L1
CONSENT AGENDA
ITEM ti 38768
Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 31, Sections 31-1, 31-
2.1, 31-2.2, 31-3, 31-4, 31-8 and 31-10 of the Code of the City of
Virginia Beach, Virgima, re disposal of solid waste.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Wdliam W.
Harrison, Jr., Barbara M. Henley, Louis' R Jones, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor Wdham D. Sessoms,
Jr, and Lomsa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
January 24, 1995
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 31, SECTIONS 31-1, 31-2.1,
31-2.2, 31-3, 31-4, 31-8, AND 31-10
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO THE
DISPOSAL OF SOLID WASTE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 31-1, 31-2.1, 31-2.2, 31-3, 31-4, 31-8, and 31-
10 of the Code of the City of Virginia Beach, Virginia, pertaining
to the disposal of solid waste, are hereby amended and reordained
to read as follows:
Sec. 3~-1. Definitions.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
Building and construction materials means any material such as
lumber, wire, pilings, sheetrock, shingles, brick, plaster,
gutters, pipes, concrete, asphalt, stones, topsoil, dirt, dredge
spoil or other substances accumulated as a result of .... ~ ....
~-~~-- ~ ~"~-~-- ti repair,
....................... ~ structurc~ the construc on,
alteration or demolition of infrastructure, including but not
limited to, buildings, highways, utilities, streets, sidewalks, or
similar structures, dredging or land clearing activities.
Bulk container means a metal container of not less than six
(6) cubic yards nor larger than eight (8) cubic yards, made of
watertight construction with doors opening on two (2) sides and
top, and constructed so that it can be emptied mechanically by
specially equipped trucks. Containers shall be covered.
Hereinafter, upon the effective date of this section, all new bulk
containers shall meet these specifications.
Business trash means any waste accumulation of dust, paper and
cardboard, excelsior, rags or other accumulations, other than
garbage or household trash, which are usually attendant to the
operation of stores, offices and similar businesses.
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
61
62
63
64
65
66
67
68
69
70
City means the City of Virginia Beach.
Commercial establishment means any retail, restaurant,
manufacturing, wholesale, institutional, religious, governmental or
other nonresidential establishment at which garbage or trash may be
generated.
Detachable container means a unit, varying in capacity between
five (5) cubic yards and forty (40) cubic yards, which is used for
collecting, storing and transporting building materials, business
trash, industrial waste, hazardous refuse, refuse or yard trash.
The unit may or may not use an auxiliary stationary packing
mechanism for compaction of materials into the container and may be
of the open or enclosed variety. The distinguishing feature of the
detachable container is that it is picked up by a specially
equipped truck and becomes an integral part of the truck for
transporting the waste materials to the disposal site.
Garbage means the by-product of animal or vegetable foodstuffs
resulting from the handling, preparation, cooking and consumption
of food or other matter which is subject to decomposition, decay,
putrefaction or the generation of noxious or offensive gases or
odors, or which, during or after decay, may serve as breeding or
feeding material for insects or animals.
Hazardous refuse means materials such as poison, acids,
caustics, chemicals, infected materials, offal, fecal matter and
explosives.
Household trash means every waste accumulation of paper,
sweepings, dust, rags, bottles, cans or other matter of any kind,
other than garbage, which is usually attendant to housekeeping.
Industrial waste means all waste, including solids, semi-
solids, sludges and liquids, created by factories, processing
plants or other manufacturing enterprises.
Litter means garbage, refuse, waste materials or any other
discarded, used or unconsumed substance which is not handled as
specified in this chapter.
Loading and unloading area means any stream, river or lakeside
or land dock, space or area used by any moving vehicle for the
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
purpose of receiving, shipping and transporting goods, wares,
commodities or persons.
Mobile containers means any containers for refuse provided by
the city for use in the resort area having a capacity of eighty-
five (85) to ninety (90) gallons and equipped with wheels for
mobility.
Multiple residential unit means any duplex, apartment, group
of apartments or condominium used as a dwelling place for more than
one (1) family.
Person means any individual, firm, company, corporation~
partnership, association, governmental body, municipal corporation
or any other legal entity ~r asscc~t .....
Portable packing unit means a metal container, not exceeding
forty-five hundred (4,500) pounds gross weight, with four (4) to
six (6) cubic yard capacity, that contains a packing mechanism and
an internal or external power unit.
Refuse means solid waste accumulations consisting of garbage,
household trash, vegetative waste, yard trash and business trash as
herein defined.
Residential refuse receptacle means a metal or plastic
container for refuse, of substantial construction, with a tight-
fitting lid, and provided with wheels or handles sufficient for
safe and convenient handling for collection at curbside. Except for
those areas serviced by automated collection equipment, such
receptacles shall have a capacity of not more than thirty-two (32)
gallons and a total weight of not more than fifty (50) pounds or an
empty weight of not more than ten (10) pounds, and shall be kept in
serviceable condition at all times. Any areas serviced by automated
collection equipment shall use ninety-gallon round containers as
approved by the director of public works. Any receptacle which does
not meet standards set by the department of public works shall be
removed. Exceptions to these requirements may be made by the
director of public works.
Resort Area includes all real property within the borough of
Virginia Beach.
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
Resort collection zone includes all commercial establishments
within the area defined by and including the establishments
fronting on the west side of Pacific Avenue to the establishments
fronting on the eastern side of Atlantic Avenue and by Rudee Inlet
to 6G~4% 40th Street. This zone is established to ensure that the
Resort Area, with its dense concentration of businesses, its high
visibility, and its impact on city resources, is adequately
maintained for the numerous visitors and residents who visit the
Resort Area. The city manager or his designee may include in the
resort collection zone such commercial establishments that operate
as a '~resort business'' and which are located along the periphery
of the resort collection zone.
Single residential unit means any dwelling place occupied by
one (1) family.
Small dead animals means dead cats, dogs, small household pets
and other animals of similar size.
m ..... ~ ~..~ .... ~~~ Vegetative Waste means waste
accumulation of tree branches, tree limbs, parts of trees, bark,
roots, stumps, bushesT or shrubbery ~ ~"~ ...... ~~
.... ~^~ ~ rofusc ~ ~^ ~ ~ ...... ~"~ generated by yard
................ caGc .............. ~
and lawn care or land-clearing activities.
Yard waste, yard trash means waste accumulations of lawn,
grass or shrubbery cuttings or clippings and dry leaf rakings, free
of dirt, rocks, large branches and bulky or noncombustible
material.
Yard waste containers means plastic bags closed by a tight-
sealing method of suitable type, such as drawstring, wire tie or
knot, made of a clear material, which have a maximum capacity of
forty (40) gallons and a maximum weight, when full, of twenty-five
(25) pounds.
· · · ·
Seo. 31-2.1. Notice of violation~ summons--Authority to issue·
31
142
143
144
145
146
147
148
149
150
151
152
153
t
' !ati 1
~AXe ~ ~ ~aA~ v ~v~ ~aa~ V~ ~AA~ ~Aa~ ~ ~aa~ ~ ~ax~ ~ ~
the lSsuancc of ............. - ......... ~ ..... ~ ~" law
154
155
156
157
158
159
160
161
162
163
164
165
directing the appearance before a court of competent jurisdiction
of any person alleged to have violated any of the provisions of
this chapter.
Sec. 31-2.2. Same--Method of issuance.
(a) Whe~--e~ Upon finding or observing a violation of any of the
provisions of this cha er, the inspector, .... i ....... or police
officer ~mse~=e shall issue a notice for a violation of this
....... , ............................ ~ ~ ....... 3. owner,
operator, occupant or other person causing or permitting such
violation. Service of the notice of violation shall be by
delivering a copy of the notice to whom it is directed in person.
Said notice shall contain the date and nature of the violation.
166
167
168
Additionally, said notice shall require the immediate cessation of
the violation and shall provide for time within which remedial
measures are to be taken to correct said violation. If the party
169
170
171
172
173
174
175
176
cannot be found, posting of the notice in a conspicuous location
upon the land or premises and notice mailed by first class mail to
the last known address of the person to whom it is directed shall
be deemed adequate under this chapter.
177
178
179
180
181
182
183
184
185
186
............................ z f .... d at ,,A~ i~ acc ~
·
Upon failure to comply with a notice of violation, a summons
shall be issued against and served on the party directing him to
appear before the general district court, on the date and at the
time specified in the summons, to answer for the violation alleged
the date and nature of which shall be set forth in the summons·
187
188
189
190
191
(b) In any case where an inspector or police officer observes
a violation in progress, a summons may be issued against and served
on the person committing the violation directing him to appear
before the general district court without the necessity of issuing
a notice of violation.
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
t-, .................. h ...... ...,--A... f ..... d ].n ,. ,.,Al
-"~' , ............ ty
F~ '7~-?ati^~ of Section
.J.m. w., %.~ · · · · J.w,, ·
°~-°° 15 00
~A ~ · · · · ·
J. %.., %.~ &/.AA %.-A A%.-
~AA~AA ~ ~ ~ ~ ~ ~ZZ AAA ~AA~
211
~ %.. J. v %.,. I,~L ~a& %~& & %.. J, L L %,A J, /, ,I & '~,... A. ~..~ J.. %.,~ V .,L. 1.4. ',,,.,,, t,.,4. .&,.~ ~' .,I. '.,.4. V~ .L. %.~ ./.
212
213
214
215
216
217
218
219
220
221
222
223
224
scrvioc cf such '-~arrants.
Sec. 31-3. Violations of chapter.
Unless otherwise specifically provided, a violation of any
provisions of this chapter shall constitute a class 1 misdemeanor~
......................... ~ ............................. , UpC~
.~. In any case where buiiding and construction materiaIs,
or refuse is deposited, transported, transferred or stored in or
upon any pubiic or private property in the city without acquirinq
aii permits under appiicabie city, state, and £ederai iaws, the
mere cessation of such activities shaii not be deemed sufficient to
225 correct the violation. Said violation shall not be deemed
226
227
corrected until such time that all required permits and approvals
have been obtained or until such time as the building and
228 construction materials or refuse have been removed from the subject
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
property and disposed of in a lawful manner.
In addition to, and not in lieu of the penalties prescribed in
this section, the city may apply to the circuit court for an
injunction against the continuing violation of any of the
provisions of this chapter and may seek any other remedy authorized
by law.
Sec. 31-8. Disposal of refuse and debris from construction,
demolition, etc., operations.
(a) The city shall not be responsible for the collection or
hauling of building and construction materials originating from
private property preliminary to, during or subsequent to thc
~ ~ the construction, alteration or demolition of
.......... repair,
infrastructure, dredging or land-clearing activities. Such material
shall be removed by the owner of the property or by the contractor
7
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
and disposed of in a lawful manner. No inspection certificate or
certificate of occupancy shall be issued until such material has
been removed by the owner or contractor. In addition, all
contractors must provide refuse receptacles for construction debris
and litter to be deposited in at the end of each working day.
(b)~, -"~.~, Building and construction materials~ refuse or
and other debris deposited upon any public or private property as
a result of .... ~ .... ~ .... ~A__~__ ~p ti th tr ti
............................. era ons e cons uc on,
repair, alteration or demolition of infrastructure, dredging or
land-clearing activities shall be immediately removed by the
contractor and disposed of in a lawful manner. Construction sites
shall be kept clean and orderly at all times.
(c) The prime contractor or developer of a construction~ or
demolition, dredging or land-clearing activities site shall be held
responsible for maintaining the site as required by this section.
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
Sec. 31-10. Unlawful 4eposits generally; littering.
(a) No person shall place any accumulation of building and
construction materials or refuse or trash in any street, median
strip, alley or other public place of travel, nor upon any private
property, except as stated in other sections of this chapter, or
unless such accumulation is specifically related to an ongoing and
active building or construction project. For purposes of this
subsection, "ongoing and active" shall mean that all applicable
federal, state and/or local permits have been issued and are in
effect or, in the case of any project not requiring a permit, that
the owner of the property in question is actively pursuing
completion of the project.
(b) It shall be unlawful for any person to:
(1) Scatter building and construction materials, or refuse
about or litter any public or private street, area or
place.
(2) Cast, throw, place, sweep or deposit anywhere within the
city any building and construction materials or refuse or
trash in such a manner that it may be carried or
8
281
282
283
284
285
286
287
288
289
290
291
deposited by the elements upon any street, sidewalk,
alley, sewer, parkway or other public place or into any
occupied or unoccupied premises within the city.
~---~ or debris in any
(3) Throw or deposit any refuse, ......
stream or body of water.
(c) The driver of any vehicle shall be responsible for
assuring that no litter, refuse, or building and construction
materials are is thrown from the vehicle or occurs through the lack
of proper covering.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 24th day of January 1995.
292
293
294
295
296
CA-5723
R9
JANUARY 5, 1995
ORDIN\ DATA\ PROPOSED \ 31ETSEQ. ORD
- 18 -
CONSENT AGENDA
ITEM # 38769
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Councd ADOPTED:
Ordinances to ACCEPT and APPROPRIATE funding from the Umted
States Department of Housing and Urban Development to the Department
of Housing and Neighborhood Preservatton:
$457,860 re Shelter Plus Care Program.
$161,580 re Section 8 rental assistance to low income households.
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 Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
January 24, 1995
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$457,860 FROM THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR USE IN THE SHELTER PLUS
CARE PROGRAM
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
WHEREAS, the Stewart B. McKinney Homeless Assistance Act
provides funding to local governments and others for homeless
assistance activities;
WHEREAS, the U. S. Department of Housing and Urban
Development has notified the City that Shelter Plus Care Grant
funds in the amount of $457,860 have been authorized for the City;
and
WHEREAS, the City wishes to use federal funds to provide
rental assistance to homeless mentally ill individuals.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That Shelter Care Plus Grant funds in the amount of
$457,860 are hereby accepted from the U. S. Department of Housing
and Urban Development and appropriated to the FY 1994-95 Operating
Budget of the Department of Housing and Neighborhood Preservation;
2. That estimated revenue from the federal government
is hereby increased by $457,860;
3. That the City Manager is hereby authorized to
execute a Grant Agreement with the U. S. Department of Housing and
Urban Development accepting such funds, and to execute agreements
including the granting of funds to non-profit agencies for the
housing of the homeless mentally ill; and
4. That the City of Virginia Beach hereby agrees to
comply with all requirements of the Grant Agreement and regulations
of the U. S. Department of Housing and Urban Development regarding
such funds.
31
32
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24 day of January 1995
33
34
35
36
CA-5826
ORDIN\NONCODE\SHELTER.ORD
R-1
PREPARED: 01/17/95
37
38
39
40
41
A~roved as tor~ontents:
A~drew M. Fried~an~'-~ir~ctor
Department of Housing and
Neighborhood Preservation
Approved as to Legal Form:
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$161,580 FROM THE U. S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT FOR USE IN THE SECTION 8
RENTAL ASSISTANCE PROGRAM
10
11
12
13
14
15
16
17
18
19
20
21
22
23
WHEREAS, the City receives funding under the Section 8
Existing Housing Program for the purpose of providing rental
subsidies to low income households;
WHEREAS, the City has received an award of additional
funding under this program; and
WHEREAS, the City wishes to expand the use of federal
funds to provide rental assistance to low income households.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That Section 8 rental payments and administrative fees in
the amount of $161,580 are hereby accepted from the U. S.
Department of Housing and Urban Development and appropriated to the
Department of Housing and Neighborhood Preservation's Section 8
budget unit; and
BE IT FURTHER ORDAINED:
That estimated revenue from the federal government is
hereby increased by $161,580.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24 day of 3anuary 1995
24
25
26
27
CA-5825
ORDIN\NONCODE \ SEC8. ORD
R-1
PREPARED: 01 / 17 / 95
28
29
30
31
32
AppT~ved as ~o Contents:
An~ewVM.-F~]i~d'.~U~;'VDirector
Department of Housing and
Neighborhood Preservation
Approved as to Legal Form:
- 19 -
Item 111-1.3
CONSENT AGENDA
ITEM # 38770
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $15,000 Grant from the
Virginia Department of Motor Vehtcles (VDOT) to the Department of
Public Works FY 1994-1995 Operating Budget re regional traffic
engineering training.
Voting: 11-0
Council Members Voting Aye'
John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W.
Harrison, Jr., Barbara M Henley, Louts R Jones, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wilham D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 1995
AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
IN THE AMOUNT OF $15,000 FROM THE VIRGINIA DEPARTMENT
OF MOTOR VEHICLES TO THE FY 1994-95 OPERATING BUDGET
OF THE DEPARTMENT OF PUBLIC WORKS FOR THE PURPOSE
OF REGIONAL TRAFFIC ENGINEERING TRAINING
WHEREAS, the Virginia Department of Motor Vehicles has awarded a grant in the amount
7 of $15,000 in Highway Safety Funds to Virginia Beach for the purpose of providing regional traffic
8 engineering training,
WHEREAS, this training will extend the knowledge of traffic engineering in Hampton
10 Roads, improve the quality of traffic flow, and address safety issues within the region,
11
WHEREAS, the matching $15,000 in local funds is already provided from current in-kind
12 salaries, and would require no additional matching funds from the City
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $15,000 from the Virginia
15 Department of Motor Vehicles be accepted and appropriated to the FY 1994-95 Operating Budget
16 of the Department of Public Works for the purpose of providing regional traffic engineering training
17 to traffic engineering personnel in the Hampton Roads region
18
BE IT FURTHER ORDAINED that estimated revenues for the FY 1994-95 Operating
19 Budget be increased by the amount of the grant
20
Adopted the 24 day of January ,1995, by the Council of the City of Virginia Beach,
21 Virginia
22
This ordinance shall be in effect from the date of its adoption
APPROVED AS TO CONTENT
Walter C Kr~
Department of Management and Budget
Ill
I II J
APPROVED AS TO
LEGAL SUFFICIENCY
I II
swj\council\trafgrnt ord
- 20 -
Item III-L4
CONSENT AGENDA
ITEM # 38771
Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $40,000 Grant from the
Virginia Department of Environmental Quality, TRANSFER $20,000 as
a Grant Match from the FY 1994-1995/1999-2000 Capital Improvement
Program Outdoors Plan Imtiative Reserve to the Department of Planning
re development of West Neck Creek Park Canoe Access and Nature
Trail; and, that estimated revenues from the Commonwealth be mcreased
accordingly.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. 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 Wilham D. Sessoms,
Jr., and Louisa M Strayhorn
Council Members' Voting Nay.
None
Council Members' Absent:
None
January 24, 1995
AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
IN THE AMOUNT OF $40,000 FROM THE VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
AND TO TRANSFER $20,000 AS A GRANT MATCH
FROM THE FISCAL YEAR 1994-1995/1999-2000
CAPITAL IMPROVEMENT PROGRAM
OUTDOORS PLAN INITIATIVE RF_~ERVE
WHEREAS, the Commonwealth of Virginia's Department of Environmental
9 Quality has provided a grant in the amount of $40,000 to allow for the construction of a
10 West Neck Creek Park Canoe Access and Nature Trail in the Princess Anne area of the City
11 of Virginia Beach;
12
WHEREAS, this grant requires a cash match of $20,000 which is available in
13 the Fiscal Year 1994-1995/1999-2000 Capital Improvement Program Outdoors Plan Initiative
14 Reserve;
15
WHEREAS, the work to be provided through these resources will significantly
16 enhance the recreational amenities and diversity of opportunities afforded to citizens of the
17 City and provide a unique opportunity to enhance both recreation and environmental
18 education.
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
20 CITY OF VIRGINIA BEACH, VIRGINIA, that a $40,000 grant be accepted from the
21 Commonwealth of Virginia, and be appropriated to the Department of Planning for West
22 Neck Creek Park Canoe Access and Nature Trail development, and that estimated Revenue
23
24
from the Commonwealth be increased by $40,000.
BE IT FURTHER ORDAINED that $20,000 be transferred from the Fiscal
25 Year 1994-1995/1999-2000 Capital Improvement Program Outdoors Plan Initiative Reserve
26 to the Department of Planning for a required cash match for the grant.
27
This ordinance shall be effective from the date of its adoption.
28
Adopted the 2/4 day of ,January , 1995, by the Council of the City of
29
Virginia Beach, Virginia.
- 21 -
ltem III-I,$
CONSENT AGENDA
ITEM it 38772
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
NEON LIMOUSINE, INC.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Wilham W.
Harrtson, Jr., Barbara M. tlenley, Louts 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 24, 1995
- 22 -
Item III-L6
CONSENT AGENDA
ITEM tt 38773
Upon motion by V~ce Mayor Sessorns, seconded by Councilman Moss, City Council ADOPTED:
Ordinance authorizing license refunds' in the amount of $3,323.16 upon
application of certain persons and upon certtfication of the Commissioner
of the Revenue.
Voting. 11-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Barbara M Henley, Louts R. Jones, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlliam D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
January 24, 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 apphcat~ons for hcense refunds, upon cerbflcation
of the Commmsioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Davenport, Charles J. 1993
T/A Davenport & Sons Construction Co.
1204 Burhngton Road
V~rg~ma Beach, VA 23464
Douglas W Davm PC 1994
1401 Greenbrier Parkway #475
Chesapeake, VA 23320
Dove Construcbon Corp.
1752 Valhalla Arch
V~rg~ma Beach, VA 23454
1993
Audit $15 98 $15 98
Audit $1,624.36 $1,624 36
Audit $179.81 $179.81
Th~s ordinance shall be effective from date of
adopbon.
The above abatement(s) totaling $1,820.15
of the C~ty of V~rg~n~a Beach on the
24
Certified as to Payment:
obert P. Vau~han
Commissioner of the Revenue
Approved as to form:
were approved by the Council
day of January ,19
95
Ruth Hodges Smith
C~ty Clerk
FORM NO C.A. ~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 license refunds, upon cert~ficabon
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Lang, Dona E.
T/A Spnng Cleaning
1479 Old Oak Arch
V~rg~ma Beach, VA 23456
Leed Corporabon
T/A Pascals Isle of Capri
4497 Oak Lake Drive
Vlrg~ma Beach, VA 23462
Lob T~en & Thu
T/A T~na's Boubque
1105 Newtown Road N. #D
Norfolk, VA 23502
1993 Audit $53.70
1993-94 Audit $241.10
1994 Audit $67.24
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $362.04
of the City of V~rg~n~a Beach on the 24
$53.70
$241 10
$67.24
Cerbhed as to Payment:
~-~:¢obert P. Va~gl~an ~ -
Commissioner of the Revenue
Approved as to form:
Le~sl,e L. L, Iley .,~ X~.
C~ty Attorney
were approved by the Council
day of 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 following apphcat~ons for hcense refunds, upon cerbficat~on
of the Commissioner of the Revenue are hereby approved'
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Martin, Betty L.
2200-A Dunbarton Drive
Chesapeake, VA 23325
Moulton, Patt~ G., MD
2200-A Dunbarton Drive
Chesapeake, VA 23325-4920
National Home Centers Inc.
T/A Nabonal TV & Furmture
201 West Ocean V~ew Avenue
Norfolk, VA 23503
1992-94 Audit $25 69 $25.69
1993-94 Audit $505.35 $505.35
1991-93 Audit $234.11 $234.11
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $765.15
of the C~ty of V~rg~n~a Beach on the 24
Cerbfied as to Payment:
Z"R~bert P. Vaughan ~
Commissioner of the Revenue
Approved as to form:
'L"~'lie L. ~ile-y"'
C~ty Attorney
were approved by the Council
day of January ,19 95
Ruth Hodges Smith
City Clerk
FORM NO C.A IIPL~/ ~
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 cerbficat~on
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Nguyen, Son Th~en & Ha To Dam
T/A Loon Foon Chinese Restaurant
580 Grant Avenue 1994
Virginia Beach, VA 23452
SImmons, Frank & Betty
T/A Brass Land
3558 Shore Drive #601
V~rg~ma Beach, VA 23455
Audit $37.37 $37 37
Smith, R~chard E.
T/A Team Works
4728 Valley Forge Lane
Virg~ma Beach, VA 23462
1994 Audit $58.22 $58.22
1991-93 Audit $30.00 $30.00
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $125.59
24
of the C~ty of V~rg~n~a Beach on the
Certified as to Payment:
~--'~ol~ert P. vaugh~n' ~
Commissioner of the Revenue
Approved as to form:
Leshe L. ~_'~ley ~
C~ty Attorney
were approved by the Council
day of 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 following apphcabons for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Watson, James J.
T/A Jamtron Cleaning Services
P.O. Box 68634
V~rgln~a Beach, VA 23455
1992-94 Audit $250.23 $250 23
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $250 23
of the City of V~rg~n~a Beach on the 24
Cerbfled as to Payment:
~--~R~bert P. Va~gha~/
Commissioner of the Revenue
Approved as to form:
Leshe L. L~lley"' ~
C~ty Attorney
were approved by the Council
day of January ,19 95
Ruth Hodges Smith
C~ty Clerk
- 23 -
Item H-J. 1.
PUBLIC HEARING
ITEM # 38774
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) LOTUS CREEK ASSOCIATES
CHANGE OF ZONING
(b) LORI HOIPKEMEIER
CONDITIONAL USE PERMIT
(c) RTR REAL ESTATE CORPORATION
CONDITIONAL USE PERMIT
January 24, 1995
- 24 -
Item II-J. 1.a.
PUBLIC HEARING
ITEM # 38775
PLANNING
Greg Johnson, 3536 IV.. Coral Key, Phone: 473-2000, Langley and McDonald, represented the applicant
Upon motion by Councilman Dean, seconded by Councilman Baum, City Council ADOPTED an
Ordinance upon application of LOTUS CREEK ASSOCIATES for a Change of Zoning District
Classification:
ORDINANCE UPON APPLICATION OF LOTUS CREEK ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
PD-H2 PIMNNED UNIT DEVELOPMENT DISTRICT TO P-1
PRESER VA TION DISTRICT ZO1951440
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lotus Creek Associates for a Change of
Zoning District Classification from PD-It2 Planned Unit Development
District to P-1 Preservatton Dtstrict on the following parcels'
Parcel 1: Located 20 feet more or less east of Atwoodtown Road
beginning 703 feet south of Ferrell Parkway.
Parcel 2: Located 390 feet more or less east of the intersection of
Atwoodtown Rod and Camino Real South.
Parcel 3. Located 350 feet more or less east of Atwood Road beginnmg
1170 feet more or less south of Ferrell Parkway.
Parcel 4: Located 600 feet more or less east of Atwoodtown Road
begtnning 1003 feet more or less south of Ferrell Parkway
Parcel 5. Located 900 feet more or less east of the intersection of
Atwoodtown Road and Camino Real South
Parcel 6 Located 1600 feet more or less east of Atwoodtown Road
beginning 800 feet more or less south of Ferrell Parkway
Parcel 7. Located 1700 feet more or less east of Atwoodtown Road
beginning 1200 feet more or less south of Ferrell Parkway.
Parcel 8. Located 1700 feet more or less east of Atwoodtown Road
beginning 2250 feet more or less south of Ferrell Parkway.
The proposed zoning classtfication change to P-1 is' for open space land
use. The Comprehenstve Plan recommends use of this parcel for
parks/recreation use in accordance with other Plan policies Said parcels
contain 58 acres, more or less. PRINCESS ANNE BOROUGH.
The Ordinance shall be effective in accordance with Sectton 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virgima Beach, Virgtnia, on the Twen~_-fourth of January,
Nineteen Hundred and Nine~_ -Ftve.
January 24, 1995
- 25 -
Item II-J. 1.a.
PUBLIC HEARING
ITEM # 38775 (Continued)
PLANNING
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, Loutsa M Strayhorn and Vice
Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent
None
January 24, 1995
- 26 -
Item II-J. 1.b.
PUBLIC HEARING
PLANNING
ITEM # 38776
Lori Hoipkemeier, 1213 Orkney Drive, Phone: 495-8958, the applicant
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of LORI HOIPKEMEIER for a Condittonal Use Permit:
ORDINANCE UPON APPLICATION OF LORI tlOIPKEMEIER FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(LONGABERGER BASKETS) R01951930
BE IT HEREBY ORDAINED BY THE COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon appl&aaon of Lort Hoipkemeier for a Condttional Use
Permit for a home occupaaon (Longaberger baskets) on Lot 1, Block 1,
Stratford Forest. Said parcel ts located at 1213 Orkney Drive and
contains 21,780 square feet. KEMPSVILLE BOROUGH.
The following conditions shall be required:
o
No more than one (1) employee shall be on the premises at any
given ame.
2. Approval is for a period of two (2) years
The Ordinance shall be effecave in accordance with Sectton 107 09 of the Zoning Or&nance.
Adopted by the Council of the Ctty of Hrginia Beach, Virg#ffa, on the Twen~_-fourth of Janua~_,
Nineteen Hundred and Ninety-Five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert tC Dean, William W.
Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy IC Parker, Loutsa M. Strayhorn and ~ce
Mayor Wilham D. Sessoms, Jr
Councd Members Voting Nay.
None
Councd Members Absent.
None
January 24, 1995
- 27 -
Item II-J.l.c.
PUBLIC HEARING
ITEM # 38777
PLANNING
The following represented the apphcants:
Billy Garrington, 471 Southside Road, Phone: 428-4245
Robert M. Reed, 900 One Columbus Center, Phone 422-6237
Upon motion by Council Lady Strayhorn, seconded by Councilman Moss, City Council ADOPTED an
Ordinance upon application of RTR REAL ESTATE CORPORATION for a Conchttonal Use Permit:
ORDINANCE UPON APPLICATION OF RTR ~ ESTATE
CORPORATION FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE SALES R01951931
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of RTR Real Estate Corporatton for a
Conditional Use Permtt for motor vehtcle sales on certain property
located on the west side off Centervdle Turnptke, 50 feet more or less
south of Kempsville Road. Satd parcel contatns 1361 acres
KEMPSVILLE BOROUGH.
The following conditions shall be required:
Site improvements shall be in accordance with the submitted
development plan entttled "Use Permit Plan of Parcel S2, 2 Lot
Subdivision of the Scruggs Property for Famtly Motors, Dated
October 18, 1994".
Landscaping shall be tn accordance wtth the submitted
landscaping plan entitled "Faintly Motors' dated November 28,
1994". The choice of trees may be varted as dtscussed at City
Councd January 24, 1995
3. An externally dluminated monument sign shall be #tstalled
The Ordinance shall be effective in accordance with Section 107 09 of the Zomng Ordmance.
Adopted by the Council of the City of V&ginia Beach, Virgmta, on the Twenty-fourth of Janua~_,
Nineteen Hundred and Nme~_ -Five.
January 24, 1995
- 28 -
Item II-J.l.c.
PUBLIC HEARING
ITEM # 38777(Continued)
PLANNING
Voting: 9-0
Councd Members Vottng Aye
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, Barbara M
Henley, Louts R. Jones, John D. Moss, Mayor Meyera E Oberndorf,
Nancy ~ Parker and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Abstaining
William W. Harrison, Jr and Vice Mayor Wdham D. Sessoms, Jr.
Council Members Absent
None
Councilman Harrison ABSTAINED as his law firm represents the Kline family in various business
matters.
Vice Mayor Sessoms ABSTAINED as he is a Corporate Officer of Central Fidehty Bank, which has a
business relationship with the Kline family.
January 24, 1995
- 29 -
Item H-K.I.a.
APPOINTMENTS
ITEM # 38778
Upon NOMINATION by Vice Mayor Sessoms, Ctty Council APPOINTED:
FRANCIS LAND HOUSE
Christopher E. Caton
3 Year Term
01/01/95-12/31/97
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, Wilham W.
Harrison, Jr., Barbara M Henley, Louts R Jones, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K~ Parker, Louisa M Strayhorn and Vice
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 1995
- 30 -
Item II-K~ 1. b.
APPOINTMENTS
ITEM # 38779
Upon NOMINATION by Vice Mayor Sessorns, City Council REAPPOINTED:
HUMAN RIGHTS COMMISSION
Reverend J. Scottie Griffin
W. Frank Patterson, Jr.
Helen P. Shropshire
Stephen C. Swain
3 Year Terms
02/01/95-1/31/98
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, III, Robert K Dean, Wilham W
Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Parker, Loutsa M Strayhorn and Vice
Mayor Wilham D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
None
January 24, 1995
- 31 -
Item II-M. 1. a.
NEW BUSINESS
COUNCIL-SPONSORED ITEMS
ITEM it 38780
The following registered in SUPPORT of the Resolution:
Robert Vaughan, Commisstoner of the Revenue
Wally Erb, 150 Cayuga Road, Phone: 497-7451
Lou Pace, 1908 ttunts Neck Court, Phone. 468-0925
Upon motion by Council Lady Strayhorn. seconded by Councdman Baum, Ctty Council ADOPTED, AS
REVISED*:
Resolution to express the concern of the Virgima Beach City Council re
possible elimmation of the Business, Professtonal and Occupattonal
License (BPOL) Tax.
*Section 3, Page 2, Lines 53 thru 57 shall be DELETED.
Voting: 8-3
Councd Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Wdham IV.. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,
Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr
Council Members Voting Nay:
Robert K. Dean, John D. Moss and Nancy K Parker
Council Members Absent.
None
January 24, 1995
A RESOLUTION EXPRESSING CITY
COUNCIL'S CONCERN REGARDING THE
PROPOSED ELIMINATION OF THE BPOL TAX
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
WHEREAS, Governor Allen's agenda includes initiatives aimed at
providing a more attractive business climate in the Commonwealth of
Virginia, as well as providing only that amount of government that
businesses and citizens require;
WHEREAS, City Council applauds, in principle, the Governor's
goal of enhancing business activity in the Commonwealth, and
reducing the size of government;
WHEREAS, in furtherance of his initiatives, the Governor has
specifically proposed the elimination of the Business, Professional
and Occupational License ("BPOL") tax over the next five years;
WHEREAS, the Governor has also proposed that State funding to
replace the revenues localities will lose as a result of the
elimination of the BPOL tax will be discontinued at the end of this
five-year period;
WHEREAS, the City of Virginia Beach currently collects
approximately $19 million in revenues annually from the BPOL tax;
WHEREAS, such a substantial loss in revenues would have to be
offset through either a significant increase in the City's real
estate and/or personal property tax, or a significant reduction in
services to the community;
WHEREAS, City Council cannot support an increase in local
taxes of the magnitude that would be necessary to offset such a
substantial loss in revenues;
WHEREAS, the City of Virginia Beach has already made bold
attempts to streamline its local government by eliminating 558 City
positions, equal to 11% of its total work force, over the past five
years while, at the same time, experiencing increases in
population, demand for services, and unfunded federal and state
mandates; and
WHEREAS, the additional reduction in local government that
would be required to offset the loss of $19 million annually in
35
36
37
38
39
4O
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
local revenues would result in significant cuts in essential
services to all of our citizens, including those with special needs
such as the elderly, disabled, and children.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby expresses its concern regarding
the effect that the proposed elimination of the BPOL tax will have
on the City of Virginia Beach and its ability to provide essential
services to the community unless the Commonwealth of Virginia
provides an alternate and ongoing source of revenue to offset the
significant loss in revenues that will be occasioned by such
elimination;
2. That due to uncertainty as to the Commonwealth's ability
to provide such an alternate and ongoing source of offsetting
revenue, City Council hereby requests Governor Allen to postpone,
for one year, any action to eliminate the BPOL tax so that the
Commonwealth will have ample opportunity to study the availability
and feasibility of any such alternate sources of revenue; and
3. That the City Clerk is hereby directed to transmit a copy
of this Resolution to Governor Allen and to each member of the
City's local delegation to the General Assembly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24th day of January, 1995.
58
59
60
61
CA-5832
ORDIN\NONCODE\BPOL.RES
R-3
JANUARY 24, 1995
- 32 -
Item II-M.l.b.
NEW BUSINESS
COUNCIL-SPONSORED ITEMS
ITEM # 38781
Lou Pace, 1980 Hunts Neck Court, Phone: 468-0925, spoke tn OPPOSITION to the storm water
management fee.
Wally Erb, 150 Cayuga Road, Phone: 461-6622, spoke in OPPOSITION to the storm water management
fee. Mr. Erb reiterated the concerns of Mrs. Robin Garrett relattve the stormwater retention pond in the
area of Planet Music. It is deep and there ts no fence surround#tg tt
Councilman Moss advised he wdl brtng forth an ordinance to REPEAL Chapter 32 5 of the Code of the
City of Virginia Beach re Stormwater Management Utility Ordinance and increase the real estate tax on
February 7, 1995.
January 24, 1995
- 33 -
Item H-M.I.c.
NEW BUSINESS
ADD-ON
ITEM # 38782
Councilman Moss requested the Agricultural Reserve Program (ARP) be scheduled for the City Council
Agenda of February 7, 1995, under UNFINISHED BUSINESS. as he would like to discuss his questions
and concerns relative thereto.
January 24, 1995
- 34 -
Item III-N. 1.
ADJOURNMENT
ITEM # 38783
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED atlO 35 P.M
Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges-Sinith, CMC/AAE
city Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
January 24, 1995