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Home My WebLink AboutMAY 4, 1993 MINUTESCity of Virgirzi~ F3~~c1-i "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Laige VICE MAYOR WILL.(AM D SESSOMS JR , At-Large fOHN A BAUM, 8lackwatn Bo+ough LINWOOD O BRANCH l1f, V~rgima Beach Bo+rough JAMES W BRAZIER, fR, Lynnhaven Bo+ough ROBERT W CLYBURN, Kempsmlle Borough ROBERT K DEAN, Pnncess Annc Borough LOUIS R JONES, Bayrde Borough PAUL J LANTEIGNE, Pungo Borrn~gh fOHN D MOSS, At Large NAtJCY K PARKER, At-Large a~4G~r11A BE,qC~ ~c. ~ ~ G'r r O~ '~ ~~ ~ U~~ r r ~ * ~ ` ,c ~ _ ;sf ~ f f " % ('J ~ 9 ' / ? l Q ~ ~ ~~ al.9~~s ~ 0~~~ ~~ ~UR NAT~~aS 181 CITY fiALL BUILDING ,`~`~S K S~~, ~`ty "`°~" CITY COUNCIL AGENDA LESLIE L LILLEY, C~ty Attornry MUNICIPAL CENTER VIR(,INIABEACH VIRGItilA234569005 RUTH HODCES SM(TH, CMC - AAE, City Clerk ~8041 427 4303 MAY 4, 1993 I. CiTY COUNCIL WORKSHOP - Council Chamber - 9:30 AM 1. FY 1993-1994 OPERATING BUDGET E. Dean Block, Director, Management and Budget II. CITY MANAGER'S BRIEFINGS - Council Chamber - 12:30 PM A. FARMER'S MARKET TASK FORCE REPORT Louis P. Cullipher, Director, Agricuiture B. PUBLIC LAUNCH/LAND AREA FOR PERSONAL WATERCRAFi" ALONG THE OCEANFRONT James B. Ricketts, Director, Convention and Visitor Development C. SURFINC REALICNMENT IN THE RESORT AREA James B. Rfcketts, Director, Convention and Visitor Development III. INFORMAL SESSION ' - Council Chamber - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ~ IV. FORMAL SESSION - Counci! Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATiON: Reverend Robert Brookover Baylake United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF C11Y COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - April 27, 1993 2. PUBLIC HEARING - Reapport(onment - April 27. 1993 G. 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 fisted. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to AMEND and REORDAIN Section 6-5 of the Code of the City of Virginia Beach, Virginia, re animals on beach. 2. Ordinance authorizing the City Manager to AMEND the Open Air Caf~ Regulations permitting live entertainment. 3. Ordinance authorizing the acquisition of temporary and perpetual utility easements within the area of the Parkside Green Sanitary Sewer Pump Station, either by agreement or condemnation re West Neck Meadows Subdivision (PRINCESS ANNE BOROUGH). 4. Ordinance to APPROPRIATE two-mini Grants totalling $2,920 from the State Department of Motor Vehicles to the Police Department re reimbursement of $1,420 for acquisition of a moving radar unlt and $1,500 for training the Fatal Crash Team. 5. Ordinance to APPROPRIATE $14,774 from Federal and State Drug Enforcement Agency (DEA) shared asset funds re purchase of microcomputer software%quipment for the Commonwealth's Attorney's Office. 6. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Beach Taxi East Coast Limousine Kids Express Land Yachts 7. Ordinance authorizing License Refunds in the amount of $9,664.00. H. UNFlNISHED BUSINESS I. NEW BUSINESS J. ADJOURNMENT ********** If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 4/29/93m1m ACENDA~.5-4-93.ITM ~ ( ~~ ~~ ~ I~ _ ~ a - *~ t. ;tv ~ ~UR NA~~"~ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 4, 1993 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL WORKSHOP for the FY 1993-1994 OPERATING BUDGET of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 4, 1993, at 11:20 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Braaier, Jr., Robert W. Cly6urn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker City Council Members Absent: Vice Mayor William D. Sessoms, Jr. (EIVTERED: 1:25 P.M.) (ATTENDING FUNCTION AT NORFOLK STATE) -2- ITEM # 36752 City Council RECESSED at 12:08 P.M.. Mayor Oberndorf recognized the Docents (Students from Tallwoai Business Law Class) in attendance during the City Council Session. May 4, 1993 -3- CITY MANAGER'S BRIEFING FARMER'S AZqRKET TASK FORCE REPORT 1: 00 P.M. ITEM # 36753 Louis P. Cullipher, Director - Agriculture and Chairman of the FARMER's 1~tiqRKET DIRECTION TASK FORCE, recognized the TASK FORCE. Many of whom are in attendance. Melvin Atkinson Staff, Vrginia Beach Eztension Steve Barnes Vrginia Beach Farm Bureau Dr. E. T. Buchanan Dean of Campus and Community Development Tidewater community College Henry Cobb Staff, Depardnent of Economic Development John Cromwell Producer Farmer Barbara Henley Producer Farmer Rob Mays Merchant, Farmer's Market Dr. Robert McCombs Presiden~ Farmer's Market Merchants' Association Dr. Betty Jean Meyer Staff, Department of Management & Budget Mac Rawls Director, Department of Museums Rick Scarper Staff, Department of Planning Floyd Waterfield Central Fidelity Bank Nicki Wollery, Facilitator Staff, Deparhnent of Convention and Vsitor Development Ezternal forces have plagued the Farmers Market in recent years. Fundamental to any service or retail outlet are location, visibility, access and signage. Princess Anne Road has always been a barrier between two major City facilities, the Farmer's Market and Princess Anne Par1~ leaving little opportunity to explore the commonalities of the habits and behaviors of the customers and perpetuating the segregation. Construction traffic, uncertainty of future transportation and roadway design, constricted access and inadequate signage have negatively impacted the Farmers Market operation. The absence of truck sheds on the back lots have limited the Market's ability to serve certain customer needs. To address Council's interest in the future direction of the Farmer's Market, a"Task Force " was establzshed and support given in an October 14, 1992, memo from the City Manager to the Director of Agriculture. May 4, 1993 -4- CITY MANAGER'S BRIEFING FARMER'S h~4RKET TASK FORCE REPORT ITEM # 36753 (Continued) Mr. E. R Cockrell, Jr., former Director of Agriculiure, shared his experience and perception of thirty- three years with the Task Force. The Farmer's Market was in Norfolk unti11956 and from 1956 to 1964 the Norfolk Market moved for several years to the St. Vncent's Hospital site, to the Norfolk Tars Ball Par~ and finally, without anyone's permission, the farmers just set up on a vacant lot. In 1963, Dr. W. H. Brittingham, Director of the Yrginia Truck Ezperiment Station, Stanley Oliver representing the Farm Bureau and E. R Cockrell appeared before Vrginia Beach City Council. City Council appropriated $10,0()0 and authorued the Deparbnent of Agriculture to initiate a"Trial Run" Farmers Market on 3 acres of land leased from the State on Diamond Springs Road. The Market operated from June 4, 1964 to April 3, 1976. The total expenditures of the City, for both capital and operations was ,$227,118.57. Revenue from rental fees was $228,122.01, a profit above all cost of $1,003.44. If the farmers did not pay the capital cos~ the profit would have been $73,254.60 for the 12-year period. The Landstown market opened on April 5, 1976. The cost was $543,990. Farmers and tenants were expected to pay operating costs, but not required to pay the capital costs. That cost was paid 6y the sale of land (taxes} at Diamond Springs. Electric costs were built in to stall rental fees. The MISSION STATEMEIVT indicates the Vrginia Beach Farmer's Market enhances the Quality of Life of the farming community, residents and visitors by providing a publicly ownec~ largely self-supporting facility for the marketing of local agricultural products and complementary goods, while preserving our rural heritage. The TASK FORCE identified: PROBLEMS Site Limitations Absence of Local Growers/Accommodations Access Labor Competition - Wages Land - Not enough space for Market to grow Land values in Vrginia Beach/Uses Absence of Wholesale Buyers "Strip Shop" Perception in Eyes of Public Perceptzon from Farmer's Market Re: Competition from Out of Town (State) Growers Lack of Parking During Major Events Lack of Potential Buyers (Retail/Wholesale) Lack of Profit to City Market Identity Creating an Enterprise out of a Publicly-owned Facility Problems can be turned into OPPORTUNITIES: Increase Presence of Local Growers Create New Markets Tourist Attractions: Fairs, Museums Community Yolunteerism Community Center - "Flagship" Enhance Public Relations/Image Link with Past: Heritage, Living Farm, Petting Zoo To Build upon Changing Land Use. CONSTRAIIVTS/BARRIERS were identified. One of the major barriers was an eight-lane Princess Anne Ro~ad that separates Farmers Market from Princess Anne Parl~ Also, the road improvements on Landstown Road have resulted in the front area being closed to traffic and all traffic must enter and exit the Farmers Market from the truck lot. The market is also a weak linkage to Economic Development and Tourism. May 4, 1993 -5- CITY MANAGER'S BRIEFING FARMER'S 1~ti4RKF,T TASK FORCE REPORT ITEM # 36753 (Continued) The Task Force identified the Customers'/Stakeholders' Needs/Wants/Concerns: Educational Rural Heritage Environment/Outdoor Experience High Quality Pro~duce Access/Circulation/Parking/Pedestrian Flow Buy/Sell In Quantity Recommendations are divided into iwo sections: Immediate Action and Future Action. The intention is to improve operations and continue to overcome constraints with solutions generated from lessons learned and to 'just hold on" until the operation can be moved. It is essential that the Market retain its customer b~ase by continuing to operate until that time. Many of these solutions are not just "quick fixes'; but transfer into the long term plan. IMMEDIATE ACTION Defer $50,000 "Requested but Not Funded" item in the proposed '93-94 Operating Budget. Marketing and Promotional Package - Requires no addi~ional funding, but relies on better use of existing resources and promotion campaigns. Marketing Mix - Improve mix by relying on lessons learned and attract innovative shops. No pizza places or shoe repair shops Management Teain - To continue an active role in the future of the Market. The team consists of Merchants, Farmers, City Fxecutive Staff, and City Legal Staff Restaurant Operation - The current expansion, rebidding of contract, passing along electrical costs to tenants, will dramatically improve the City's position. Special events - Begin to develop and gain support for larger events, and expand the number of events, staging as many as the present site will allow. FUT URE ACTIONS Move to Princess Anne Park within 2 years and develop an ~griculture Vllage. Synergy will be created by bringing customers and passive recreation/cultural experiences together. Highest and best use of both parcels (park property as a recreation and cultural center and existing Farmer's Market site for future sale and development). A minimum of 20 acres of existing park property is required to accomplish outlined goals. May 4, 1993 -6- FARMER'S 111ARKET TASK FORCE REPORT ITEM # 36753 (Continued) FUTURE ACTIONS (Continued) City should develop an overall comprehensive plan for Princess Anne/Landstown area to better market the property. A Museum is propose~ either as a separate structure or as a part of the Agriculture Vllage, to exhibit authentic turn-of- the-century farm equipment. A Living Farm will provide a learning experience in past and present day agriculture. A Petting Zoo will provide hands-on activities to introduce urban children and adults to farm animals. Reference conceptual drawing. A Redesigned Farmer's Market is planned to improve overall Market operation, service to customers, and accessibility to farmers. Funding sources may include corporate and individual sponsors. The exisling Horse Arena provides great potential to work with newly formed Tidewater Equestrian Industry from an economic development position. Reference data sheet on Equestrian Area. Special Events/Entertainment - City-wide special events and entertainment will provide year-round family activity. Mr.Cullipher displayed a conceptual drawing of an Agriculture Vllage and advised the following future referenced Future Plans: The Farmer's Market Task Force is prepared to develop the recommendation further should City Council accept the concept. ~th co~operation of several City departments and members of the private sector, funding and land issues should be explored. Additional research and data collection from similar facilities could be analyzed to gain knowledge of operational and management practices. The Task Force is prepared to seek input from other public and private sector groups should City Council so desire. Additional information regarding alternative uses for the existing site will be developed upon direction. May 4, 1993 -7- CITY MANAGER'S BRIEFING PUBLIC LAUNCH/LAND AREA FOR PERSONAL WATERCRAFT ALONG THE OCEANFRONT SURFING REALIGNMENT IN THE RESORT AREA ITEM # 36754 The Briefings were RESCHEDULED under NEW BUSINESS of the Formal Session of City Council. May 4, 1993 -8- ITEM # 36755 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, May 4, 1993, at 1:40 P.M. Yoting: 11-0 Council Mem6ers Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Yce Mayor ~lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None May 4, 1993 -9- ITEM # 36756 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIYE SESSION, pursuant to Section 2.1-344, Code of Vrginia, as amendea~ for the following purposes: 1. PERSONNEL MATT~ : Discussion or consideration of or interviews of prospective candidate for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344(A)(1). To-~t: Performance Evaluations - Council Appointees Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Yce Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None May 4, 1993 -10- FORMAL SESION VIRGINIA BEACH CITY COUNCIL May 4, 1993 2: 00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the YIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 4, 1993, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Yce Mayor ~lliam D. Sessoms, Jr. Council Members A6sent: None INVOCATION.• Revered Robert Brookover Baylake United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA May 4, 1993 -11- Item IV-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 36757 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business maiters lawfully exempted from Open Meeting requirements by Vrginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Ezecutive Session were heard, discussed or considered by Yrginia Beach City Council. Yoting: 9-0 Council Members Yoting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, and Nancy K Parker Council Members Yoting Nay: None Council Mem6ers A6sent: Linwood O. Branch, III, and Yce Mayor ~lliam D. Sessoms, Jr. May 4, 1993 . .~ ~Zo ~~ s ~ oF au~j~o~ . ~ r' .~' }~ e`~`'Y ~~ ~ CERTIFICATION OF EXECUTIVE SESSION VIRGI1vIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the af~rmative vote recorded in ITEM # 36756, 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. ---:~ Ruth Hodges Smith, CMC/AAE City Clerk May 4, 1993 -12- Item IV-F.1.2. MINUTES ITEM # 36758 Upon motion by Councilman Clyburr~ seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL .4ND FORMAL SESSIONS of Apri127, 1993, AS CORRECTED * and the PUBLIC HEARING - REAPPORTIONMENT of April 27, 1993. Page 19, ITEM #36731. . Vice Mavor William D. Sessoms, Jr. DECLARED a PUBLIC HEARING on: Yoting: 9-0 Council Members Yoting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Yoting Nay: None Council Members Absent: Linwood O. Brancl~ III and Ytce Mayor William D. Sessoms, Jr May 4, 1993 -13- PROCLAMATION ITEM # 36759 ADD-ON Mayor Meyera E. Oberndorf PROCLAIMED the week of May 2, 1993 through May 8, 1993: MUNICIPAL CLERK'S WEEK The Office of the Municip~al Clerk is the oldest among public servants and provides the professional link between the citizens, the local governing bodies and agencies of government at other levels. The Municipal Clerk continually strives to improve the administration of the affairs of the office of the Municipal Clerk through participation and education programs, seminars, workshops and annual meetings of their State, province, country and international professional organizations. Mayor Oberndorf further extended appreciation to our Municipal Clerl~ Ruth Hodges Smith, CMC/AAE and to all Municipal Clerks for their advisory services they perform. The Mayor recognued Beverly Hooks as a very able and competent Chief Deputy to the City Cler,k Mayor Oberndorf advised Mrs. Smith's staff presented her with lovely edible chocolate roses in recognition of Clerk's weeJ-G May 4, 1993 -14- CONSENT AGENDA ITEM # 36760 A motion was made by Vice Mayor Sessoms, seconded by Councilman Brazier to APPROVE in ONE MOTION Items 1, 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA. Said Motion was WITHDRAWN. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 1, 4, 5, 6 and 7 of the CONSENT AGENDA. Items 2 and 3 were voted upon separately. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Ro6ert W. Clyburn, Robert K Dear~ Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~Iliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None May 4, 1993 -15- Iterr~ IY-G.1. CONSENT AGENDA ITEM # 36761 Upon motion 6y Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 6-5 of the Code of the City of Vrginia Beach, Vrginia, re animals on beach. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None May 4, 1993 ,~ ,, k ~ ~ E~~.- o. ~~'~ui l~ a ~ F~ ~ i ~ y ~~' ~ ~ % ~/ asr~r-.--aa:~ a~ ~ ~ _-~v-s~ a~Qd81[~+ra'.c3s'R'3i~ 76 :- '..-T911'8"~ - T- ' ` S`.~L 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 6-5 OF THE CODE OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO ANIMALS ON BEACH. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 6-5 of the Code of the City of Virginia Beach, 8 Virginia, is hereby amended and reordained to read as follows: 9 Section 6-5. ~e~s Animals on beach and adjacent areas. 10 (a) It shall be unlawful for any person who owns or has 11 control of any ~ animal to permit such ~ animal to be on the 12 public sand beaches, the boardwalk or the grassy area west of the 13 boardwalk to the property lines from Rudee Inlet on the south to 14 42nd Street on the north during the period from 6:00 p.m. on the 15 Friday before Memorial Day through 6:00 p.m. Labor Day of each 16 year, such period hereinafter referred to as the "season." 17 (b) It shall be unlawful for any person who owns or has 18 control of any ~ animal to permit such ~ animal to be on any 19 other public sand beaches within the city during the season; 2 0 provided, however, that s~~--i~ a docl or cat may be permitted on 21 said beaches in the custody of or under the control of a 22 responsible person during the season between the hours of 6:00 p.m 23 and 10:00 a.m, the following day. ~~ T~ ~ v~~ ~ v~ ~ ~ ~ ~ r~ e^~ ~ r~ ~ ~~ C~ ~ i v~ '1 C- A A ~+ ~ 2 4 -~ZZT-+~~~Qr'RRTIC~P WT-~~'~.~ P ~Y'A~-.--t-l~r~:J~ - , _ _ =~-cr±r~ • 2 5 c~'1 P-~r^~, f~ P A f ~TY'' %rl ~'~1 ~ '~ }i P_ ~ Y' C~`eTT..c.T~~~~-~J~~T.C'J~'GTS~~ 2 6 ~.~^ ,. ..;.. ; ,. ~~ ~. .. , , ~ ..+. ~. ~i~, ; ,. .. ~.., , 27 . . 28 ' 29 ~ It shall be unlawful during the season for any person to 30 have in his possession or under his control any animal, other than 31 a doa or cat, on Atlantic Avenue or in the parks and connector 32 streets between Atlantic Avenue and the boardwalk, from Rudee Inlet 33 to 42nd Street, unless such animal is in an escape-proof container. 34 (d) Any person who owns or has control of any ~ animal shall 35 not knowingly or willfully permit such ~ animal to litter any 36 public sand beaches within the city or to litter the boardwalk or 37 the grassy area west of the boardwalk to the property lines from 38 Rudee Inlet on the south to 42nd Street on the north, at any time 39 ~~~i~-~se~- ^~ ~ ~ ~~ . In the event such ~ 40 animal shall defecate on the public sand beaches within the city, 41 or on the boardwalk or the grassy area west of the boardwalk to the 42 property lines from Rudee Inlet on the south to 42nd Street on the 43 north at any time, the person who owns or has control of such ~ 44 animal shall immediately remove all feces deposited thereon by such 45 ~ animal and dispose of same in a sanitary manner approved by the 46 department of public health, such as by encasing same in an 47 airtight w rapper or container and placing same in a garbage 48 receptacle. Failure to so remove said feces in accordance with the 49 provisions of this subsection shall constitute a Class 1 50 misdemeanor. 51 (e) Notwithstanding the above, it shall be unlawful for any 52 person who owns or has control of any ~ animal to permit such ~ 53 animal to be on any public sand beaches within the city, at any 54 time, unless such person shall have in his possession a container 55 of sufficient size and adequate design to remove and dispose of all 56 feces deposited thereon by such ~ animal, in accordance with the 57 provisions of subsection (d). 58 ~ With the exception of subsections (d} and (e), the 59 provisions of this section shall not be applicable to a ctuide dog, 60 hearina dog or service dog trained to accompany a person with a 61 disability while beina accompanied by such person, or to any doa or 62 horse in the custody or control of a law enforcement officer while 63 such off icer is in the performance of his duties. 64 ~ For purposes of this section, the term "animal" shall be 65 deemed to include, but not be limited to, any mammal, bird, or 66 reptile. 2 67 Adopted by the Council of the City of Virginia Beach, Virginia 68 on the 4 day of May , 1993. 69 CA-5062 70 ~ORDIN\PROPOSED\06-005.PR0 71 R-4 72 PREPARED: April 7, 1993 APP~JVED AS TO ~ : J . 'cke ~3epa~xlt of Conv~xition and Visitor Develop~zt 3 -16- CONSENT AGENDA ITEM # 36762 Upon motion by ~ce Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED, AS CORRECTED*: Ordinance authorizing the City Manager to AMEND the Open Air Cafe Regulations permitting live entertainment. *Line 27 shall be corrected to read: "The hours during which live entertainment is permissible shall be 12:00 p:nr. Noon to 10: 00 p.m. " Yoting: 8-3 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor ~Iliam D. Sessoms, Jr. Council Members Yoting Nay: Robert K Dean, John D. Moss and Nancy K Parker Council Members Absent: None May 4, 1993 1 AN ORDINANCE TO AMEND THE CITY'S 2 OPEN AIR CAFE REGULATIONS TO PERMIT 3 LIVE ENTERTAINMENT 4 WHEREAS, by resolution adopted November 25, 1985, City 5 Council authorized the City Manager to promulgate Open Air Cafe 6 Regulations which had been drafted, reviewed, and approved by the 7 Resort Area Advisory Commission (RAAC); 8 WHEREAS, the Regulations have been amended, from time to 9 time, upon recommendation of the RAAC, to address concerns and 10 issues that have arisen during the development of the open air cafe 11 program; 12 WHEREAS, the Regulations, as currently drafted, prohibit 13 sound reproduction or live entertainment within or upon the 14 premises of an open air cafe; and 15 WHEREAS, the RAAC has recommended, and the Department of 16 Convention and Visitor Development concurs, that the Regulations 17 should be amended to permit live entertainment subject to specific 18 conditions. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 1. That the City Manager is hereby authorized to amend 22 the Open Air Cafe Regulations to permit live entertainment on the 23 premises of open air cafes, subject to the following conditions: 24 a. Live entertainment shall consist of solo 25 acoustic or amplified music; 26 b. The hours during which live entertainment is 27 permissible shall be 12:00 noon to 10:00 p.m. 28 c. All cafe patrons shall be seated during the 29 entertainment; 30 d. The City, via the Director of Convention and 31 Visitor Development or his duly authorized 32 designee(s), shall have sole discretion in 33 determining if the volume of music emanating 34 from an open air cafe is too loud; and 35 e. Upon receipt of a second written warning that 36 the volume of music from an open air cafe is 37 too loud, a cafe operator will forfeit the 38 right to conduct live entertainment for a 39 period of six (6) months from the date of the 40 second warning. 41 2. That this amendment to the Open Air Cafe Regulations 42 shall become effective May 1, 1993. 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the 4 day of May , 1993. 45 CA-5094 46 ORDIN\NONCODE\OPENAIR.ORD 47 R-1 48 PREPARED: 04/12/93 ~ ~~~ r D~1' } •. ~ w"'T AF~'ROV~~ Q,~ Tc~ LEC~AL ~UFFICI A~' ~~~/ / c~/' y ATTORNEY 4 ED AS TO CONTENTS _,~~~.-1- ~ SIGNA7U RE 2 -17- CONSENT AGENDA ITEM # 36763 Upon motion by Councilman Baum, seconded 6y Councilman Sessoms, City Council ADOPTED: Ordinance authorizing the acquisition of temporary and perpetual utility easements within the area of the Parkside Green Sanitary Sewer Pump Station, either by agreement or condemnation re West Neck Meadows Subdivision (PRINCESS ANNE BOROUGH). Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Cly6urn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None May 4, 1993 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF TEMPORARY AND 2 PERPETUAL UTILITY EASEMENTS WITHIN THE AREA OF THE 3 PARKSIDE GREEN SANITARY SEWER PUMP STATION, EITHER BY 4 AGREEMENT OR CONDEMNATION 5 WHEREAS, in the opinion of the Council of the City 6 of Virginia Beach, Virginia, a public necessity exists for the 7 acquisition of temporary and perpetual utility easements for public 8 purposes for the preservation of the safety, health, peace, good 9 order, comfort, convenience, and for the welfare of the people in 10 the City of Virginia Beach: 11 NOW, THEREFORE, BE IT ORDAINED BY THE COiJNCIL OF THE 12 CITY OF VIRGINIA BEACH, VIRGINIA: 13 Section 1. That the City Council authorizes the 14 acquisition by purchase or condemnation, pursuant to Sections 15.1- 15 236, et se ., 15.1-898, 15.1-899, and Title 25-46.1 et sea., Code 16 of Virginia of 1950, as amended, temporary and perpetual utility 17 easements within the area of the Parkside Green Sanitary Sewer Pump 18 Station, as shown on that certain plat entitled "Plat Showing 30' 19 Utility Easement", dated September 30, 1992, prepared by Miller- 20 Stephenson & Associates, P.C., which plat is on file in the 21 Department of Public Utilities, Virginia Beach, Virginia. 22 Section 2. That the City Manager is hereby 2 3 author i z ed to make or cause to be made on beha 1 f of the C ity of 24 Virginia Beach, to the extent that funds are available, a 2 5 reasonable of f er to the owners or persons having an interest in 26 said property. If refused, the City Attorney is hereby authorized 27 to institute proceedings to condemn said easements. 28 Adopted by the Council of the City of Virginia 29 Beach, Virginia, on the 4 day of Ma~ , 1993. 30 CA-93-5093 31 NONCODE~WNECK.ORN 32 R-1 (4/27/93) APP D AS O C NTE G~ ~ SIGNATURE DEPARTMENT A PRC~VED AS TO LEGAL ENC D F < ITY AT ORNE ~ '`~- I ____._--~_........- -~- ~ ~ , ~ ~ --__~ - ~ _' ; . _ --" - ~ _ ~_ % ,<~ _ _ _ ~ , -_ ' r ._~ __ o ~ , - -~__r ' ~`,~ =~-~~~_, - - I _ `,'.:==__ /~ - - - _ ~ _ 34 . ~_ qq _ - ' ~ - Lj' ~ ~ __ ~ ``' ~-~-.-~r.,-=--- __ -~ 54 ! 64 _~4 ~'` _ 8 , ` - ` __ ~ "1 -~~__ - - „' ! 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' _ _ ~` ~ / ~ ~ --- T_ SECTION 2 _ ~-T---T--•~E,E--_ ± i t v ~ / L _L i ~ - -+ntY ~ ~ ~ r_ ., . - ~ ~ I ~ E ~ ~ ~~T -..-~ . ,.. . _ _ ^I 'n rr~`I ~ ( ^ f ^ - *' LEGEND: / ,,.~ ~ ~ _ ___ ___ __ I ~' _ '-~. - _ ~r~ „ r ~ - ,- --j -- r ~ ~ .. . - ~ r ~,.; / f - I i ~ ~ -~ ` ~~~~• REVISED SERVICE AREA ~ / _ i y ~ \ ~ ~ ! ' ' ' __ ' \\~~ ~` \ ~ \ PORTION OF ORIGINAL \ ~ ~~~, _ ` , ~ ' I ~ ~-_ SERVICE AqEA DIVERTED \ -; ~ e. ~ \ . ~ - ! ~~ TO CHRISTOPMER FARMS 48 ~ 'r ` \ \ ' PUMP STATION M ~~ 7y -`.~ 58 ; ~ ~ ~ , ~ , ' \ .. .. • f ~ ~~ _ ~T~ - '~ ~. ~ 8~ ~ 3 ` ~ ` - __~- - ~~ ` /~--- ~ f~ / ~ ~ ~ ~" p~//~~ ~ PARKSIDE GREEN `~+~`<~~// • `\ \t_'~ a,r ' , ~~ ``w ~ _ /; t PUMP STATION SERVICE ARE e ' ,~ _ REVISED 8/29/90 NTS LI H10-300 -18- Item IV-G.4. CONSENT AGENDA ITEM # 36764 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE two-mini Grants totalling $2,920 from the State Deparbnent of Motor Yehicles to the Police Department re reimbursement of $1,420 for acquisition of a moving radar unit and $1,500 for training the Fatal Crash Team. Yoting: 11-D Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None May 4, 1993 AN ORDINANCE TO APPROPRIATE $2,920 FROM THE STATE DEPARTMENT OF M4TOR VEHICLES TO REIMBURSE THE CITY FOR PURCHASE OF A MOVING RADAR UNIT AND FOR TR.AINING OF THE FATAL CR.ASH TEAM 1 WHEREAS these funds are provided as two separate grants from 2 the Department of Motor Vehicles, the first in the amount of $1,420 to 3 reimburse the City for acquisition of a moving radar unit for police 4 motorcycles, and the second in the amount of $1,500 for training for 5 the fatal crash team, . - 6 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 7 OF VIRGINIA BEACH, VIRGINIA, that $2,920 be appropriated for the 8 purpose of reimbursing the Police Department for the acquisition of a 9 moving radar unit and training of the fatal crash team. 10 11 BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth be increased by $2,920. ~~1~~~'V~~ ~~ TQ LE(a~L ~1~~~-~=~~i~~1CY ~ Approved as ta Content { ,~- Wal ter~ C. ~rae 7r, Jr . Deputy Director Management and Budget CRW-C \ob93\pdgrant3 ord -19- CONSENT AGENDA ITEM # 36765 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $14, 774 from Federal and State Drug Enforcement Agency (DEA) shared asset funds re purchase of microcomputer software/equipinent for the Corrimonwealth's Attorney's Of~ce. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwo~od O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Tohn D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None May 4, 1993 AN ORDINANCE TO APPROPRIATE $14,774 FROM FEDER.AL AND STATE DEA SHARED ASSET FUNDS FOR THE PURPOSE OF PURCHASING MICROCOMPUTER EQUIPMENT TO UPGR.ADE THE MICROCOMPUTER SYSTEM IN THE CO1~iONWEALTH ATTORNEY'S OFFICE 1 wHEREAS these funds are available due to efforts of the 2 Commonwealth's Attorney to aggressively prosecute drug related 3 offenses, 4 WHEREAS there is a need in the office to purchase upgraded 5 microcomputer software and equipment, such as file servers and 6 workstations to allow the office to take advantage of new software 7 capabilities to improve productivity, 8 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA, that $14,774 be appropriated for the 10 purpose of purchasing microcomputer software and equipment for the 11 Commonwealth's Attorney's Office. 12 BE IT FURTHER ORDAINED, that estimated revenues from the 13 Commonwealth be increased by $5,502 and that estimated revenues from 14 the Federal Government be increased by $9,272. APPROVED AS TO LEGAL ~U~FiCiE9~CY App~oved as to Content ~ ~~~ ~ . - - a'..- - .~'"~'c'' Walter C. Kra~r, Jr. Deputy Director Management and Budget CRW-C \ob93\CADEAI ord -20- CONSENT AGENDA ITEM # 36766 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Beach Taxi East Coast Limousine Kids Express Land Yachts Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~Iliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None May 4, 1993 - 21 - Item IY-G.7. CONSENT AGENDA ITEM # 36767 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branc~ City Council ADOPTED: Ordinance authoruing License Refunds in the amount of ,$9, 664. 00 upon application of certain persons and upon certification of the Commissioner of the Revenue. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Ro6ert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Mem6ers Absent: None May 4, 1993 FORM NO CA 8 REV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CEATAIN 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 foilow~ng appi~cations for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid gase Penalty Int Total Marian Philips Inc. 1990-92 Audit 120.47 120.47 T/A Marian Philips Realtor 113 Holly Crescent Virginia Beach, VA 23451 Ramey, Roy E. 1990 Audit 169.31 169.31 T/A Wild West Old T ime Fhoto 917 Adanka Lane Virginia Beach, VA 23451 Richards, Nicola 1992 Audit 11.13 11.13 T/A Dust Busters II 5503 Meer Street Virginia Beach, VA 23451 Certif~ed as to Payment ~Rbbert P Vaughan Comm~ss~oner of the Revenue Approved as to form Th~s ord~nance shall be effective from date of adopt~on The above abatement(s) total~ng S 300.91 were approved by the Counc~l of the C~ty of V~rg~n~a Beach on t!~e _~ day of ~~ , 19 _9.3__ Lesl~e L L~iley City Attorney Ruth Hodges Smith City Cierk FORM NO CA B FiEV 3~86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following appl~cations for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int Total Conston of VA Inc. 1991 Audit 63.86 63.86 T/A 16 Plus #970 P.O. Box 358 Hightstown, NJ 08520 Haynes, Thomas L. 1993 4/14/93 30.00 30.00 4452 Old Princess Anne Road Virginia Beach, VA 23462 Hechinger Company,Inc. 1992 Audit 8,657.98 8,657.98 T/A Hechinger P.O. Box 4004 Capital Heights, MD 20791 Certif~ed as to Payment ert P Vaughan Commiss~oner of the Rev ~ue Approved as to form eslie L L~Iley City Attorney Th~s ord~nance shall be effective from date of adopt~on The above abatement(s) total~ng $ S, 751. 84 were approved by the Counc~l of the C~ty of Virg~nia Beach on the 4 day of May , 1 g 93 Ruth Hodges Sm~th City Clerk FORM NO C A 8 REV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTA{N 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 follow~ng applications for I~cense refunds, upon certification of the Commissioner of the Revenue are hereby approved~ NAME License Year Date Paid gase Penalty Int. Total Acme Boot Retail Co. Inc. 1992 Audit 542.65 542.65 T/A Acme Boot Factory Outlet P.O. Box 749 Clarkville, TN 37041 Arcon Inc. 1989-90 Audit 42.45 42.45 239 W. 29th Street Norfolk, VA 23517 Cansler, Jean C. 1991-92 Audit 26.15 26.15 T/A Bayside Barber Shop 1809 Perrel Street Virginia Beach, VA 23455 Certif~ed as to Payment ~ ert P Vaughan Commiss~oner of the Revenue Approved as to form Lesl~e L L~Iley City Attorney Th~s ord~nance shail be effect~ve from date of adoption The above abatement(s) total~ng $ 611. 25 were approved by the Counc~l of the City of Virginia Beach on the 4 day of Mav , 1 g 93 Ruth Hodges Sm~th City Clerk - 22 - NEW BUSINESS ITEM # 36768 CITY MANAGER'S BRIEFING PUBLIC LAUNCH/LAND AREA FOR PERSONAL WATERCRAFT ALONG THE OCEANFRONT 2: 42 P.M Robert J. Hudome, Resort Area Services Coordinator, referenced the public launching and landing of personal watercraft along the oceanfront area. Last year when City Council APPROVED the rental operation at Thirty-first Street during that Meeting representatives from the Tidewater Jet Ski came forward and were not opposed to that rental operation but requested City Staff provide public launch and land areas along the oceanfront. There is one designated public launch/land area in Vrginia Beach which is the last 400 feet of Li#le Island Park. This was designated in 1989 at a request of citiaens in the Sandbridge/Little Island area. However, representatives of Tidewater Waterman's Association have expressed a problem with the conflict of the pu6lic launch and land area and their commercial fishing activities which go on in the same area. The representatives of the Tidewater Personal Watercra, ft Association requested initially the City investigate developing three areas along the oceanfront similar to the surfing areas. City Staff investigated the shoreline from Fort Story to Little Island Park. The staff could not find an area that could accommodate the jet skies or the personal watercraft without creating conflicts similar to those in existence. After review by a diverse group of individuals representing the Tidewater PeTSOnal Watercraft Club, the Waterman's Association, Civic Leagues, Eastern Surfcng Associ~ution and the Police Department, EMS, Life Guard Service, the recommendation was personal watercraft are classified as boats and should use the public launch sites for their access to the water. As the Ordinance prohibits the launching and landing of personal watercraft on the beach areas only during certain hours from Memorial Day to Labor Day, the recommendation of City Staff is to AMEND the Ordinance not to allow the launching and landing of personal watercraft in Little Island Park and recommend the personal watercraft utilue the public launch and land sites throughout the City. May 4, 1993 - 23 - NEW BUSINESS ITEM # 36769 CITY MANAGER'S BRIEFING SURFING REALIGNMENT IN THE RESORT AREA 2:50 P.M. Robert J. Hudome, Resort Area Services Coordinator, advised the REALIGNMENT of the RESORT AREA SURFING ~lRE.4.S was DEFERRED from the June 2, 1992, City Council Session. City Staff was requested to meet with the affected parties to determine a compromise or different recommendation. This recommendation was initially brought forward by the Croatan Community Relations Committee. One of the issues involved the surfing area on the south side of the jetty at the Croatan Area was 800 feet wide. The surfing area at the north side of the jetty in the resort area was 500 feet wide. The surfing area in Croatan has limited parking with limited access and no facilities. The surfing area at the northside of the jetty in the resort area has ample parking, ample access and ample facilities. It was suggested enlarging the area on the north end of the jetty in the resort area would help bring some of the crowd from Croatan over to the Resort Area where it could be accommodated Currently there are two surfing areas in the resort area: From the jetty S00 feet north and a S00 foot surfing area approximately from Fourth and 'half Street to Fifth and 'half Street. There is a 700 foot swimming area sandwiched between them. The recommendation was to eliminate the northern su~ng area and expand the surfcng area to 800 feet; thereby, having one surftng area in the resort area with one boundary to maintain. One of the negative impacts entails the surfing area being extended in front of the entire length of the Schooner Hotel. The citizens utilizing the beach parking at the Lighthouse Restaurant and the Loop Parking Lot would have to walk an additional 300 feet to a swimming area and the total surfing area in the resort area which is now 1,000 feet would be reduced to 800 feet; thereby, a 200-foot reduction. The recommendation of the Committee was to try the realignments for a period of one year. May 4, 1993 - 24 - Mayor Meyera E. 06erndorf entertained a moiion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Co~de of Yrginia, as amende~ for the following purposes: l. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidate for employmen~ assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344(A)(1). To- ~t. Performance Evaluations - Council Appointees Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION (3:03 P.M}. Yoting: 9-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert K Dean, Louis R Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: Robert W. Clyburn and John D. Moss May 4, 1993 - 25 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 36771 Mayor Oberndorf RECONVENED the Formal Session for the purpose of Certifying the Ezecutive Session (3:53 P.M.). Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council CERTIFIED THE EXECUTIYE SESSIDN TO BE IN ACCORDANCE N'ITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Vrginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Yrginia Beach City Council. Yoting: 7-4 Council Members Yoting Aye: John A. Baum, James W. Brazier, Jr., Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Yce Mayor ~lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: Linwood D. Branch, III, Robert W. Cly6urn, John D. Moss and Nancy K Parker May 4, 1993 lA' . t ~' so 9,~ s ~~ ~ ~F ~~R NAS~~,~ . ~ r ~~. ~~ 0 ~ ` CERTIFICATION OF EXECUTIVE SESSION VIRGINL~ BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 36770, Page No. 24, 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. ~ Ruth Hodges mith, CMC/AAE City Clerk May 4, 1993 - 26 - AI~TDURNMENT ITEM # 36772 Mayor Oberndorf DECLARED the Meeting .4DJOURNED at 3:55 P.M. ~• ~Y D'~~~ Beverly O. Hooks, CMC Chief Deputy City Clerk ~ - ---- ------- Ruth Hodges Smith, CMC/AAE City Clerk City of Vrginia Beach Vrginia Meyera E. Oberndorf Mayor May 4, 1993