HomeMy WebLinkAboutAUGUST 3, 1993 MINUTES
CITY COUNCIL
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"WORLD'S LARGEST RESORT CITY"
\fAYOR MEYERA E OBERNOORF. AI Lr'X,
VICE MA YOR WIWAM D SESSOMS JR AI Lrr¡t
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LINWOOD 0 BRANCH 11/ V"C'n'" Be..,h &"""Ch
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ROHERT K DEAN Pnn'.... An'" """"'Ch
WUIS R JONES &yø.u Brorøo.Ch
PAUL J LANTEIGNE PI."tO Rø..ouCh
JOHN D \tOSS AI Lcr,C'
NANC\ K PARKER AI Lcr't,
CITY COUNCIL AGENDA
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AUGUST 3, 1993
CITY MANAGERIS PRESENTATlONS
9:00 AM
A.
II.
A.
11\
- Council Chamber -
HURRICANE PROTECTION PROJECT
Carl Thoren, Department of Public Works
Colonel Andrew Perkins, Corps of Engineers
B.
SCHOOL CAPITAL IMPROVEMENT PROGRAM
Sidney Faucette, P.Ed.. Superintendent, Virginia Beach City Schools
C.
CABLE TELEVISION - CONSUMER PROTECTION AND COMPETITION ACT OF 1992
E. Dean Block, Director, Management and Budget
D.
PENDING ITEMS UPDATE
INFORMAL SESSION
- Council Chamber -
12:30 PM
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO EXECUTIVE SESSION
FORMAL SESSION
- Council Chamber -
2:00 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend George Sweet
Atlantic Shores Baptist Church
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTlFICA TlON OF EXECUTIVE SESSION
F.
MINUTES
1.
INFORMAL & FORMAL SESSIONS
- July 13, 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 listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1.
CERTIFICATE OF PUBUC CONVENIENCE AND NECESSITY:
Promenade Limousine Services
2.
Ordinances authorizing Tax Refunds in the amount of $9,686.64.
3.
Ordinances authorizing License Refunds in the amount of $13,961.32.
H.
UNFINISHED BUSINESS
1.
Community Organization Incentive Grant (COIG) Program.
(Sponsored by Councilmen John D. Moss and Robert K. Dean)
I.
NEW BUSINESS
J.
ADJOURNMENT
***********
If you are physically disabled, hearing or visually impaired
and need assistance at this meeting
please call the CITY CLERKIS OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
7/29/93bp
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 3, 1993
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S PRESENTATIONS of the
VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August
3, 1993, at 9:05 A.M.
Council Members Present:
John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, Nancy K Parker and Mayor
Meyera E. Oberndorf
City Council Members Absent:
James W. Brazier, Jr.
(ENTERED: 12:26 P.M.)
John D. Moss
(ENTERED: 10:15 A.M.)
Vice Mayor William D. Sessoms, Jr.
(ENTERED: 10:42 A.M.)
-3-
CITY MANAGER'S PRESENTATIONS
HURRICANE PROTECTION PROJECT
ITEM # 37067 (Continued)
Robert N. Pretlow, Jr., Corps of Engineers Study Manager for the Project, advised the VIrginia Beach
oceanfront is vulnerable to hu"icanes and related storms. Mr. Pretlow presented, through the utilization
of slides, a progress report on the Corps' current study and proposed new plan at VIrginia Beach. The
highlights of the new plan include a lower wall, a new wider boardwalk, a 1o.rger beach, pleasing access
structures and enhancement of the storm drainage and dune system. The Corps' Investigations over the
years have focused on the Atlantic Avenue shoreline between Rudee Inlet and 89th Street. The shoreline
area back to Atlantic Avenue includes businesses and homes with a total assessed value of approximately
$290-MILllON. This shoreline includes six miles of the Czty's most highly used recreational beaches.
Estimates indicate that over 2-1/2-MILLION tourist a year visit this area. A major portion of the
shoreline segment between Rudee Inlet and 58th Street has seen rapid development as a resort area and
features hotel, retail establishments and tourist attractions. Unfortunately many of these buildings lie along
a boardwalk and bulkhead containing sections over 60 years old. This structure offers only limited
protection for minor coastal storm activity. The shoreline segment between 58th Street and Fort Story
is entirely residential. It is fronted by a vegetated dune system which varies in heIght and in places offers
only limited protection from minor storms. The critical element is the exposure of the oceanfront to
damages from severe coastal storms. Over the past 70 years, fifteen major storms have threatened VIrginia
Beach. The largest storm of record in terms of water level and storm surge was the August 1933
Hu"icane. The March 1962 "Ash Wednesday" Storm was the largest in terms of damages. WIthin the
past ten years, four major storms came very close: Hurricanes Diana, GlorÛl, Charlie and Bob.
The Plan recommended in 1989 to solve the Beach's storm and erosion problems created the following
City concerns:
Wall Height
Beach Size
Level of Protection
Project Aesthetic
Storm Drainage
Mr. Pretlow advised the Components of Alternative Plans:
Walls
Dunes
Berms
Interior Drainage
Architectural Features
A Plan has been identified, which maximizes Federal participation while addressing the desires of the
City. Between Rudee Inlet and 58th Street, the Plan calls for a system of protection, consisting of a
Seawall, Boardwalk and Beach Berm. The Seawall will become an integral part of the new Boardwalk
that will be constructed over the existing Boardwalk. About 3-1/2-MILLION cubic yards of sand will
be placed in front of the new seawall to form a higher and wider beach. In addition, the Federal
Government will pay 65% of the cost to maintain this beach over the fifty year life of the project. The
Seawall will be constructed approximately 9 feet seaward of the existing wall and will be an integral part
of a new wire boardwalk placed over the exIsting one. The new boardwalk will average only about 2 feet
higher than it is presently. The beach size will be doubled with the Beach Berm sloping gradually to the
ocean providing a dry beach averaging about 300 feet wide. The top of the boardwalk is flush with the
top of the seawall. This accomplishes two important objectives. Fzrst, it eliminates the wall as a vISual
barrier to the Beach and makes the boardwalk and the seawall a single visual unit. It eliminates the
requirement for openings in the wall to provide access to the beach. WIthout the openings, there are no
storm gates for the City to maintain or close prior to a 11Uljor storm threat. Recognizing important
concerns, the proposed plan also includes architectural features designed to make the project not only
functionally sound, but visually appealing. Much consideration has been given to appropriate access stairs
and ramps, wall treatments and beach overlooks.
August 3, 1993
-4-
CITY MANAGER'S PRESENTATIONS
HURRICANE PROTECTION PROJECT
ITEM # 37067 (Continued)
The Corps is coordinating with the Mayor ~ Committee for the Disabled concerning suitable access
facilities. On the north end, the Dune and Beach Berm system has been enhanced between 58th Street
and Fort Story to provide an adequate elevation and width for storm protection. The Dune will have a
minimum top elevation of 18 feet and a minimum top width of 25 feet. The Beach Berm and sloping grade
will have the same dimensions as the south end. Enhancement will only take place in the areas of the
existing Dune and Beach Berm where these dimensions do not presently exist. Dune crossovers will be
provided at appropriate locations that blend well with the natural environment and will also provide
required access for disabled persons. The Corps estimates the proposed plan would realize approxzmately
$12-MILLION in annual benefits in such areas as storm damage reduction, increased recreation and
other benefits. The plan would reduce flood insurance rates for both commercial and residential
properties.
Mr. Pretlow cited Local Benefas:
Stronger Boardwalk and Dune
System
Protected Business Interests
Stabilized Job Base
Stabilized City Tax Base
Growth in Tourism
In comparing the Federal Plan with the City Plan, they are essentially the same, feature by feature with
one exception: Storm Drainage. The Storm Drainage with the Federal Plan encompasses gravity
discharge through a series of submarine pipe lines extending well offshore. The existing drainage lines
leading to the boardwalk area will be combined in the area behind a new seawall and the existing
boardwalk and fed into the new pipes. At the north end, the new drainage will tie into the City's pump
system already in place. The estimated cost of the proposed Federal plan zs $80-MILLION. Current cost
sharing requirements would require 35% from the local sponsor, which includes credits for land,
easements, rights-of-way, relocation and disposal, approximately $28-MILLION. The Federal share
is 65% or $52-MILLION. The cost for any options desired by the City including pump systems at the
south end would be in addition to the City's 35%. The first payment of the City's share would be needed
by July 1995 with the balance in two equal installments each year, thereafter. Although beach surveys will
be utilized to determine what actual nourishment of the beach will be required, it is estimated the beach
will be required to be maintained on the average of once every three years.
Beach Nourishment Costs
Federal
ocal
$5.5-MILLION
Total
Mr. Thoren advised the City will probably still be responsible at the north end for the collection of all
the storm water and bringing it to the line of protection, which would be either the increased dunes or
where the bulkhead ends at 58th Street and believed the Army Corps of Engineers would agree to
participate in carrying it offshore from that line of protection.
Colonel Perkins advised it was a privilege and pleasure to work with the City Staff in terms of developing
the Beach Erosion Control and Hurricane Protection Plan. The cooperatzon exhibited by both staffs has
been exemplary Colonel Perkins appreczated the opportunity to present the Plan to City Council.
August 3, 1993
-2-
CITY MANAGER'S PRESENTATIONS
HURRICANE PROTECTION PROJECT
ITEM # 37067
9:05 A.M.
Carl Thoren, Department of Public Works, advised Beach Erosion Control and Hu"icane Protection is
primarily a storm damage reduction and storm protection plan designed to reduce erosion along the City's
oceanfront. The project limits run from Rudee Inlet at the south end to Eighty-ninth Street at the north
end. This encompasses a distance of approximately 6 miles The main components of the project consist
of a seawal~ which will extend from Rudee Inlet to 58th Street, and improvements to the existing dune
system, as necessary, from 58th Street to 89th Street. For the entire reach of the project from Rudee to
89th Street, the beach berm will be raised and widened
In 1989, the u.S. Army Corps of Engineers presented their plan for this improvement. This plan called
for a concrete seawall with a curved parapet top which would extend to an elevation 15.7 feet above mean
sea level. The sand beach would remain essentially the same with no major improvements to the beach
area. Stormwater would be handled essentially as it is today with discharge through the seawall and drain
over the top of the beach. The degree of protection ranged from over a lSD-year protection at the north
end of the project to approximately a 54-year degree of protection at the south end of the project. There
was serious concern that the height of the wall at the very south end of the boardwalk could be as much
as 5 feet above the surface of the existing boardwalk. The height of the wall would be imposing and there
was mixed reaction among City Council Members, Civic Groups and the Hotel/Motel Association. After
discussion with various special interest groups and briefings to City Council, the City held several
meetings with the u.S. Army Corps of Engineers encompassing many months. The Corps agreed to
reinvestigate their recommendation. In 1991, the Corps embarked on a reformulatzon effort. Mr. Thoren
recognized the following members in attendance:
v,rginÙl Beach Erosion Commission
Ernestine Middleton - Chairman
U. S. Army Corps of Engineers
Colonel Andrew M. Perkins, Jr.
Commander of the Norfolk District and District Engineer
Roland W. Culpepper, Jr.
Chief of Programs and Project Management Division
Robert V. Ogle
Chief of Planning Division
James R. Creighton, Jr.
Project Manager
Robert N. Pretlow, Jr.
Study Manager for Project
William Brown
Public Affairs Officer - Norfolk District
Diana L. Bailey
Deputy Public Affairs Officer
August 3, 1993
-5-
CITY MANAGER'S PRESENTATIONS
SCHOOL CAPITAL IMPROVEMENT PROGRAM
ITEM # 37068
9:45 A.M.
The City Manager referenced his memorandum advising the FY 1993/94-1998-99 Capital Improvement
Program document would be presented during the City Council Session of September 14, 1993. This
would allow the City Staff to incorporate into the document direction provided by City Council at their
goal setting Retreat on August 13 and 14, 1993.
Copies of the Capittd Improvement Program Proposal approved by the School Board on July 13, 1993,
were forwarded to City Council. Said copies are hereby made a part of the record. Mayor Oberndorf
referenced possible relocation of Linkhorn Park and Seatack Elementary Schools due to Base
Realignment and Closure Commission concerns relative to Oceana Naval Air Base. Dr. Sidney L.
Faucette, Superintendent - VIrginia Beach City Schools, advised the School Board has discussed the
aforementioned schools. At this point in tzme, however, this has not been incorporated into the Capital
Improvement Program. The noise effect of the planes from Oceana is far greater at Seatack than
Linkhorn; and, the direct path of the planes is at Seatack Elementary School. The School Board would
be most pleased to make adjustments within City Council's guidance. Mayor Oberndorf advised these
schools were built approximately fifty years ago and it was an auxiliary field as opposed to the Oceana
Master Jet Base. The City Manager advised in order to facilitate guidance, two project sheets will be
prepared for inclusion in the document to begin the process of attempting to identify the sites available
within the community.
Dr. Faucette advised last year the City Council and School Board approved a Capital Improvement
Program that reaffirmed their commitment to public education in VIrginia Beach. The plan incorporated
sufficient classroom space to accommodate reasonable class size ratios, provide adequate housing for
special programs, and reduce the school divisions's dependence upon portable housing. In an effort to
maintain these priorities, relatively few changes were proposed in this year's CIP. An issue that increases
the first year of the CIP entailed a decision for the School Board to vacate Courthouse Elementary, not
add on to the facility to house students, but to move the Pendleton Project into this facility. Discussion
also involved building a new elementary school. Beyond these expenses. the major increases in the CIP
involve $500,000 for site acquisition. There is also an increase of $1.2-MILLION concerning enlarging
Kempsville High School, rather than vacating Kempsville Elementary School and making the building a
part of Kempsville High School, a satellite campus. Kempsville Elementary School would be relocated
to Kemps Landing Middle School when Larkspur comes on line.
Dr. Faucette advised as schools lean more towards energy efficiency and the nonuse of windows, relying
on HVAC systems to move air, calculations were not made in the event the HVAC system did not work
correctly. Consequently, air quality problems exist. The cost to correct this sztuation has not been
determined. The School system has been conferring with a consultant from Vlrgima Polytechnic Institute.
Information has been prepared for parents concerning the situation and its effects. Dr. Faucette has been
advised the School system has been informed by medical experts these air quality problems might affect
10Cfo of the adults, but have no effect on children. If there is any student who feels they might be
affected, the School Board will allow that child to attend any school in the system. Any School employee
will be granted a transfer, if they feel they will be affected by air quality problems. The School Board is
currently conferring with the City Attorney concerning mcluding air quality in contracts with the School's
architects.
An auxiliary gymnasium does not have the seating available for viewing events as in the larger
gymnasiums, is much smaller than a regular gymnasium, and is strictly a playing facility, i. e a mat room
for wrestling.
Dr. Faucette cited page 22 - Capacity and Projected Membership (K-5) 1993-94 of the proposed CIP,
which indicated the percentage of over and under capacity. Dr. Faucette advised year-round education
does add to the capacity for housing children; however, educationally zt has not been a popular approach.
Dr. Faucette will provide information concerning the design capacity of each school and any
modifications that were made to increase or decrease that design capacity and the program capacity
effects specifically on each school.
August 3, 1993
-6-
CITY MANAGER'S PRESENTATIONS
SCHOOL CAPITAL IMPROVEMENT PROGRAM
ITEM # 37068 (Continued)
Mayor Oberndorf referenced the Status Report on Public Education in the Commonwealth. This was a
presentation by the Vzrignia Beard of Education and the Department of Education to the Vzrginia
Municipal League on July 29, 1993. Mayor Oberndorf expressed appreciation to Dr. Faucette and his staff
and introduced the following School Board members in attendance: Rear Admiral Donald L. Felt, Robert
W. Hall and Edward G. Kreyling, Jr.
August 3, 1993
-7-
CITY MANAGER'S PRESENTATIONS
CABLE TELEVISION - CONSUMER PROTECTION AND COMPETITION ACT OF 1992
ITEM # 37069
10:46 A.M.
E. Dean Block, Director, Management and Budget, introduced Muriel Frasher, to present information
relative the Cable Television Consumer Protection and Competition Act of 1992.
Ms. Frasher advised on October 5, 1992, Congress passed Public Law 103-385 Cable Television
Consumer Protection and Competition Act of 1992. As the result of a commissioned survey, it was
discovered cable rates had risen three times the consumer price index since the deregulation of Cable in
1984.
TIME FRAME OUTLINE
April 15, 1993 A temporary Freeze is applied to Cable Rates
by the FCC.
June 17, 1993 Commercial Broadcast Carriers had to elect
either a retransmission or must carry status.
August 1, 1993 Cable operators notified subscribers of any
channel changes that are to be made.
September 1, 1993 Cable operators will start broadcasting with
the revised channel line-up.
September 1, 1993 Localities may submit their certification
application to the FCC to act as a rate
regulator. Unless otherwise notified, the locality
is granted authority to act as a regulator 30
days from the date of application.
October 1, 1993 The earliest date that a locality could be
certified to act as a rate regulator
Although the original freeze was 120 days, it has been extended by the FCC to November 15, 1993. The
City has 120 days to issue regulations as a locality that are consistent with the FCC regulations. The
City 's Franchise Agreement would be utilized as the base line for regulations and brought into compliance
with the FCC regulations. If the City should chose to submit their certification to act as a rate regulator,
they would only be permitted to regulate the basic tier of cable. The FCC will regulate the expanded tier
and there will be no regulation of rates on the premium or pay-for-view offerings. The City's may
regulate the following aspects of the basic tier within guidelines established under the FCC regulations:
Service Rates, Equipment Charges, Installation Charges, Billing Formats and Subsequent Rate
Increases.
Service rates on the basic tier may be measured against the FCC "benchmark" or calculated on a "cost-
of-service" basis. The "benchmark" has been developed by the FCC to compare the rates of cable
operators I services between areas of competitive and non -competitive operations. If the cable operators I
rates exceed the "benchmark" the operator may apply for rates on a "cost-of-service" basis. A "cost-
of-service" calculation is extremely involved, and includes such factors as capital costs, maintenance of
equipment costs, annual operation expenses, etc. The major cable operator for VIrginia Beach is in the
process of evaluating basic tier rates using the "benchmark" method.
The expanded tier is regulated by the FCC on a complaint basis. A complaint basis can be filed either
by the City or any individual subscriber.
August 3, 1993
-8-
CITY MANAGER'S PRESENTATIONS
CABLE TELEVISION - CONSUMER PROTECTION AND COMPETITION ACT OF 1992
ITEM # 37069 (Continued)
Muriel Frasher cited the probable City Council actions..
Take no action.
Apply for regulatory certification, but do not exercise the
authority.
Obtain certification and proceed with the regulatory process.
Obtain certification, proceed with regulatory activities and
pursue possible regional agreements with other jurisdictions
who share the same cable operator.
Petition the FCC to act as the regulator on the basic tier.
BY CONSENSUS, an ordinance relative the City becoming a cable reguÚltor will not be SCHEDULED
for the City Council Session of August 10, 1993.
August 3, 1993
-9-
CITY MANAGER'S PRESENTATIONS
PENDING ITEMS UPDATE
11:25 A.M.
ITEM # 37070
Concerning the Pending Items List, Mayor Oberndorf referenced the proposal for Virginia Beach to
become involved in long range Capital Investments with the Norfolk Symphony. Mayor Oberndorf advised
it would be appropriate to have the Arts and Humanities Commission review same and pass on their
recommendation to City Council.
ITEM # 3707Oa
Councilman Baum referenced the correspondence from Edward Vaughan, President - VIrginia Beach
Farm Bureau dated July 27, 1993, concerning bicycle traffic in the rural southern areas. Signs have been
erected on country roads with a bicycle on the top and" Share the Road" depicted below. An official
of a bikers, group had requested this action of City Staff. The effect is to encourage greater use of rural
roads by biker groups from urban areas. Most rural hlghways have narrow pavements and many double
yellow lines because of frequent curves. Said letter was distributed to Members of City Council and is
hereby made a part of the record.
The City Manager will prepare a report for City Council relative this concern. Mayor Oberndorf
suggested the Greenways, Trails and Bikeways Committee provide information relative safe areas for this
type of activity as opposed to utilizing major highways.
ITEM # 37071
Council Lady Parker referenced the noise ordinance and the concerns associated with the amphitheatre
and race track. The City Manager advised there are national standards regarding noise. Copies of
ordinances are being secured from other areas and a DRAFT Ordinance has been prepared. A definite
noise standard might be established for stationery sources, as well as a different approach for the mobile
sources (i.e. boom boxes, etc.). Council Lady Parker also mentioned the noise from jet skies which do not
have mufflers.
ITEM # 37072
Council Lady Parker referenced the land use around the proposed horse racing facility. Concern has been
expressed relative the types of land use which will be allowed. The City Manager has requested the
Planning Staff prepare a report relative a special district in the perimeter area of the track.
ITEM # 37073
Councilman Moss referenced the August 17, 1993, Briefing to City Council by the Secretary of
Transportation and Director of the Department of Transportation concerning transportation funding.
Councilman Moss had distributed a report to City Council advising the highway trust funds in terms of
allocations relative to revenues available is $4-BILLION per year short. Councllman Moss referenced
the reports concerning moss transit and the new standards as well as the experience with ridership and
cost. Copies of same had been distributed to the City Manager.
ITEM # 37074
Councilman Dean advised concerns of adjacent residents to the Buffington Area, which had been
mentioned as a possible consideration for the proposed amphitheater project. The old Pungo Airfield
was suggested as a possible location.
The City Manager advised standards for the types of acts that will appear at the proposed amphitheatre
can be decided upon by the City Council. A list of featured artists who appeared at the amphitheatres in
Raleigh and Richmond was distributed to Members of City Council.
August 3, 1993
- 10 -
ITEM # 37075
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, August 3, 1993, at 11:50 A.M.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, 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 Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 3, 1993
- 11 -
ITEM # 37076
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of VIrginia, as amended, for the following purposes:
0 . Discussion or consideration of or interviews
of prospective candidates 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).
Performance Review: City Manager, City Real Estate Assessor.
To- Wit: Appointments - Boards and Commissions:
City of VIrginia Beach Towing Advisory Board
Community Corrections Resource Board
Development Authority
Parks and Recreation Commission
Pendleton Child Service Center
Publzc Library Board
Southeastern Hampton Roads Disability Services Board
Tidewater Community College Board
Wetlands Board
~: Consultation with legal counselor briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provisions of
legal advice by counsel pursuant to Section 2.1-344(A)(7).
To- Wit: Reapportionment
Ferhut Claim
Upon motion by Vzce Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into
EXECUTIVE SESSION.
Voting:
8-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Robert K Dean, Louis R. Jones,
John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, James W. Brazier, Jr. and Paul J. Lanteigne
August 3, 1993
- 12 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
August 3, 1993
2:00 P.M.
Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, August 3, 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 Vzce Mayor
Wzlliam D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION:
The Honorable Meyera E. Oberndorf
Mayor
August 3, 1993
- 13 -
~
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37077
Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business maUers lawfully exempted from Open Meeting
requirements by VIrginia law were discussed zn Executive Session to
which this certification resolution applies,
AND,
Only such public business maUers as were identified in the motion
convening the Executive Session were heard, discussed or considered by
VIrginia Beach City Council.
Voting:
11-0
Council Members Voting 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 Voting Nay:
None
Council Members Absent:
None
August 3, 1993
1Rtønluttnu
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affimlative vote recorded in ITEM # 37076, Page No. 11, 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 confonnity 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 ~~t~ CMCIME
City Clerk
August 3, 1993
- 14 -
Item III-F.1.
MINUTES
ITEM # 37078
Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of July 13, 1993.
Voting:
11-0
Council Members Voting 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
Wzlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
August 3, 1993
- 15 -
Item IlI..=F.2.
PRESENTATION
ITEM # 37079
Mayor Oberndorf recognized the following Boy Scout in attendance during the City Council Session to
earn his Citizenship/Community Badge:
Troop 362
David Reaves
First Class
United Methodist Church.
August 3, 1993
- 16 -
Item IIl:=F.3.
PRESENTATION
ITEM # 37080
Mayor Oberndorf extended an invitation to citizens of Virginia Beach to participate in the NATIONAL
NIGHT OUT AGAINST CRIME.
At 9:15 P.M. the police helicopter will be flying overhead and all citizens are encouraged to shine their
flashlights to create an ambiance of the good people taking back their nights.
Mayor Oberndorf presented awards to the Poster Contest Winners:
First Place
Kyle Riddle.
Second Place
Nicole Orangos
Third Place
Kandice Kenworthy
Fourth Place
Heather Duty
and
Lesli Daniels
Fifth Place
Travis Thomas
*Kyle Riddle's mother accepted the award in his absence.
August 3, 1993
- 17 -
l11:mJI/..=Ji..
CONSENT AGENDA
ITEM # 37081
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council APPROVED in ONE
MOTION Items 1, 2 and 3 of the CONSENT AGENDA.
Voting:
11-0
Council Members Voting 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 Voting Nay:
None
Council Members Absent:
None
August 3, 1993
- 18 -
Item IU-G.1~
CONSENT AGENDA
ITEM # 37082
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED:
CERTIFICATE OF PUBliC CONVENIENCE AND NECESSITY:
Promenade Limousine Services
Voting:
11-0
Council Members Voting Aye:
John A. Baurn, 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 Voting Nay:
None
Council Members Absent:
None
August 3, 1993
- 19 -
~
CONSENT AGENDA
ITEM # 37083
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED:
Ordinance authorizing ÚlX refunds in the amount of $9,686.64 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, 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 Voting Nay:
None
Council Members Absent:
None
August 3, 1993
FORM NO C A 7
6/29/93
EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Wilhoit Family Partnership 93 RE(1/2) 125677-5 12/5/92 278.48
Wilhoit Family Partnership 93 RE(1/2) 125676-6 12/5/92 839.24
Wolcott, Rivers, Wheary etal 93 RE(1/2) 91201-4 11/24/92 274.68
Pleasant Acres Ltd. 93 RE(2/2) 131928-0 4/9/93 1,733.10
Helen L Foos 93 RE(1/2) 38193-5 12/1/92 114.42
Helen L Foos 93 RE(2/2) 38192-6 5/26/93 386.32
James M & Rita Lin 93 RE(2/3) 68725-9 3/31/93 6.10
Cartwright, Willie & Virginia 93 RE(1/2) 18947-6 12/5/92 1,476.28
Cartwright, Willie & Virginia 93 RE(2/2) 18947-6 6/5/93 1,476.28
Inland Mortgage Corp 93 RE(1/2) 61730-7 12/5/92 56. 16
Mardi Gras Associates 90 RE(I/2) 69521-6 12/5/90 651.97
Walter H Konkler 89 PP 105325-8 6/15/89 12.01
Walter H Konkler 89 PP 105326-7 6/15/89 190.95
Ruthie M Parker 93 Dog V06200 6/11/93 5.00
Belinda A Ward N/A Pkng 402537 5/18/93 25.00
Total
7,525.99
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$7,525.99 were approved by
the Council of the City of Virginia 1993
Beach on the_~day of August,.
Approved as to form
Ruth Hodges Smith
City Clerk
~éd '~~
Ie Lilley ~ City Atto e ~
-ORM NO C A 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for tax refunds upon certIfIcation of the Treasurer are hereby approved.
NAME
Tax
Year
Type
of Tax
TIcket
Number
Exonera-
tIon No.
Date
PaId
Penalty
Int.
Total
Rebecca A Baker 93 RE(I/2) 132005 5/13/93 13.90
James A Tinkham Jr 93 RE(I/2) 113845-8 12/5/92 235.44
James A Tinkham Jr 93 RE(2/2) 113845-8 6/5/93 235.44
John & Katherine Miller 93 RE(I/2) 78326-1 1/27/93 121.15
John & Katherine Miller 93 RE(2/2) 78326-1 5/25/93 216.72
30th St Venture Assoc 93 RE(I/2) 130511-5 12/2/92 545.00
30th St Venture Assoc 93 RE(2/2) 130511-5 6/4/93 545.00
Mohammad Koochekzadeh 93 RE ( 1/2) 63945-4 12/2/92 27.25
Mohamrrad Koochekzadeh 93 RE(2/2) 63945-4 5/18/93 27.25
Robert & Evelyn Eichelberger 90 RE(I/2) 32743-6 12/4/89 8.18
Robert & Evelyn Eichelberger 90 RE(2/2) 32743-6 6/4/90 8.18
Robert & Evelyn Eichelberger 91 RE( 1/2) 33166-1 12/3/90 11. 87
Robert & Evelyn Eichelberger 91 RE(2/2) 33166-1 6/5/91 11. 87
Robert & Evelyn Eichelberger 92 RE(I/2) 33361-3 12/4/91 16.35
Robert & Evelyn Eichelberger 92 RE(2/2) 33361-3 6/4/92 16.35
Robert & Evelyn Eichelberger 93 RE( 1/2) 33558-5 12/2/92 16.35
Robert & Evelyn Eichelberger 93 RE(2/2) 33558-5 6/4/93 16.35
Ira C Early N/A Pkng 408272 6/10/93 12.00
Diosdado Paras N/A Pkng 404913 6/21/93 50.00
Matthew M Sciulli N/A Pkng 421647 7/7/93 25.00
Total
2,159.65
This ordInance shall be effectIve from date of adoption.
The ~vfs~bf>~ment(s) totaling
, . were approved by
the CouncIl of ~e City of ViÁ%tnJ~t, 1993
Beach on the -- day of g .
Approved as to form.
",.
).~
Ruth Hodges Smith
City Clerk
fÞ ft.. L Ie L Lilley, City Attorney
- 20 -
~
CONSENT AGENDA
ITEM # 37084
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED:
Ordinance authorizing license Refunds in the amount of $13,961.32
upon application of certain persons and upon certification of the
Commissioner of the Revenue.
Voting:
11-0
Council Members Voting 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 Voting Nay:
None
Council Members Absent:
None
August 3, 1993
FORM NO C A 8 REV 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS w
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME license Date Base Penalty Int Total
Year Paid
Trotter, Annie Ruth 1989-92 Audl.t 30.00 30.00
T/A Best House Cleaning
1475 Peony Arch
Virginia Beach, VA 23456
Virginia Siding/Window Co. Inc.
413 Massachustts Avenue 1991-92 Audit 52.76 52.76
Norfolk, VA 23508
Zion Trading Company Inc. 1991 Audit 294.58 294.58
360 Southport Circle #102
Virginia Beach, VA 23452
Certified as to Payment
ert P Vaughan
CommisSioner of the
Approved as to form
œd~
sl e L LIlley
City Attorney
This ordinance shall be effective from date of
adoptIon
The above abatement(s) totaling $ 377.34
were approved by the Council
of the City of Virginia Beach on the
3
day of
August
19 93
I
Ruth Hodges Smith
City Clerk
-- --- - - -
FORM NO CA 8 REV 31M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicatIons for license refunds, upon certIfIcatIon of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
PaId
Base
Penalty
In1.
Total
Penner, John E. & E. Anastasia
T/A All American video 1990-92
844 Lord Leighton Dr~ve
Virginia Beach, VA 23454
Audit
26.01
26.01
Peter Piper Inc. 1991-92
T/A Peter Piper Pizza
2321 W. Royal Palm Road, Suite 101
Phoenix, AZ 85021
Audit
235.89
235.89
Semcor Inc.
815 East Gate Drive
Mount Laurel, NJ 08054
1992
Audit
6,317.91
6,317.91
Certified as to Payment
R rt P Vaughan
ommlssloner of the Revenue
Approved as to form
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 6,579.81
were approved by the Council
of the City of Virginia Beach on the
3
day of August
19 93
,
Ruth Hodges Smith
City Clerk
- .
FORM NO C.A. 8 REV 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS -
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
Total
License
Year
Date
Paid
Base
Penalty
Int.
Eure, Stan D.
1018 Cuervo Court
Chesapeake, VA 23320
1990-92
Audit
1,404.40
1,404.40
Harwood Industries Inc. 1991 Audit
Payable to: John T. Atkinson, Treasurer
c/o Commissioner of the Revenue
Business License
Johnson, Soon Ja C.
T/A Oriental Import
5216 Fairfield Sic
Virginia Beach, VA 23464
637.42
637.42
1991-92
Audit
118.95
118.95
Certified as to Payment
~/d--
~ P Vaughan - /
Commissioner of the Revenue
Approved as to form
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 2,160. 77
of the City of Virginia Beach on the
Ruth Hodges Smith
City Clerk
-,-
were approved by the Council
3
day of August
,19 93
FORM NO C A. 8 REV 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved.
NAME
License
Year
Date
Paid
Base
Penalty
Int
Total
Britton & Company Inc.
5596 Greenwich Road
Virginia Beach, VA 23462
1990-93
Audit
1,697.83
1,697.83
G. Brunick, Jr. & W. Burkhimer, Jr.
T/A ESI Capitol Equipment Co.
3351 Stone shore Road 1990
Virglnia Beach, VA 23452
Audit
12.59
12.59
Eure Development Corp.
1018 Cuervo Court
Chesapeake, VA 23320
1992
Audit
30.86
30.86
Certified as to Payment
obert P Vaughan /
Commissioner of th Revenue
Approved as to form
d.~ ex j!!3
Leslie L Lilley
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 1, 741. 28
were approved by the Council
of the City of Virginia Beach on the
3
day of
August
19 93
,
Ruth Hodges Smith
City Clerk
T ---
- --- -- - -
FORM NO C A 8 REV 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS -
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
Paid
Base
Penalty
Int.
Total
Astro Inc.
P.O. Box 99
Camden, NC 27921
1991
Audit
1,360.55
1,360.55
The Blair Bros Inc.
P.O. Box 5413
Suffolk, VA 23435
1991-92
Audit
30.00
30.00
James W. Blanke
T/A Aspen Tile
1805 Castleton Court
Virginia Beach, VA 23454
1991-92
Audit
81.85
81.85
Certified as to Payment
bert P Vaughan
Commissioner of the
Approved as to form
~~
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 1.472.40
were approved by the Council
of the City of Virginia Beach on the
3
day of
August
I 19
93
Ruth Hodges Smith
City Clerk
- -- - --- --
FORM NO CA 8 REV 3I8e
AN ORDINANCE AUTHORIZING LICENSE REFUNDS -
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
Paid
Base
Penalty
Int.
Total
All American Professional Service
P.o. Box 306 1992
Aylett, VA 23009
Audlt
1,518.11
1,518.11
American Demolition Services
2713 Colley Avenue 1991-93
Norfolk, VA 23517
Audit
60.00
60.00
Timothy E. Ashman
P.O. Box 1068-Seapine
Virginia Beach, VA 23451
1991
Audit
51.61
51.61
Certified as to Payment
Approved as to form
~di!E-
Leslie L Lilley ~
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling S 1.629. 72
were approved by the Council
of the City of Virginia Beach on the
3
day of
August
,19 93
Ruth Hodges Smith
City Clerk
------ --
I - -- -
- 21 -
/1J:m...J1ldL.L
UNFINISHED BUSINESS
ITEM # 37085
COMMUNITY ORGANIZATION INCENTIVE GRANT PROGRAM
Councilman Moss advised the intention of the Community Organization Incentive Grant's Commission
Charter is to fund new starts. The COIG wished rather than having all funds go into lTUlintenance,
funding would be increased for new starts. To meet the main mission of the CO/G, two classes of grants
would be established. One, a category for "new starts", which would consist of a two-year grant, after
which these funds would come from private sources; and, Second, those organIzations receiving grants
would have a declining balance over a 5- year period.
BY CONSENSUS, City Council CONCURRED with the establishment of two classes of grants: One, a
category for "new starts", and, Two, for "lTUlintenance organizations".
August 3, 1993
--- ---
- 22 -
~
UNFINISHED BUSINESS
ITEM # 37086
ADD-ON
Council Lady Parker expressed concern relative the amphitheatre and the type of entertainment offered.
A list of featured artists who appeared at the amphitheatres in Raleigh and Richmond was distributed to
Members of City Council.
A copy of the Request for Proposal prepared for the market and financial feasibility study for the
proposed amphitheatre project was distributed to all Members of Czty Council. Council Lady Parker
expressed concern as to the limited quantity of detail and the cost of the Price Waterhouse study.
August 3, 1993
T - - -
- 23 -
Imr1...lll.=lU
UNFINISHED BUSINESS
ITEM # 37087
ADD-ON
Dr. Lisa Handley - Election Data Services, relative the issue of Reapportionment, presented statistical,
demographic and voting pattern analysis on proposed alternative electoral plans: Existing 7-4 Plan,
CCO Plan, and MODIFIED 7 -4 Plan. Dr. Handley advised she was requested to examine the two
electoral plans and compare to the current plan, determining if the two alternative plans would pass
Constitutional and Statutory standards and preclear the Justice Department.
Dr. Handley cited CONSTITUTION AND STATUTORY CONSIDERATIONS:
(A)
u.s. Constitutional Requirements
1.
One person, one vote standard (14th Amendment protection and against
malapportionment.
2.
14th/15th Amendment protection against intentional racial discrimination.
3.
14th Amendment protection against egregious political gerrymandering.
(B)
Federal Statutory requirements.
1.
Voting Rights Act protection against minority vote dilution.
(C)
VIrginia State Constitutional requirements.
1.
Contiguity
2.
Compactness
(D) Additional Requirements
Because VIrginia is a jurisdiction covered by Section 5 of the Voting Rights Act,
any plan adopted:
Cannot be retrogressive with regard to minority voting strength.
Cannot have the intent or effect of diluting minority voting strength.
Currently the City of VIrginia Beach has an Eleven (11) member at-Úlrge election system with residency
requirements attached to seven of the seats. The residency districts vary widely in population: Kempsville
-144,393 (2) Blackwater - 966. Because these are simple residency districts and vote a city wide vote
on all eleven seats, thIs system has held to be constitutional.
The Modified 7-4 Plan is an attempt to eliminate some of the disparities in population. This plan
combines the two smallest residency districts, Pungo and Blackwater, and divides the largest, Kempsville,
in 'half. The entire jurisdiction votes on every seat therefore this plan passes the u.S. Constitutional
Requirement of one person, one vote. This plan should pass both Constitutional muster and Voting Rights
Act protection against minority vote dilution. This plan is not retrogressive against minority voting
strength. One of the advantages of the plan is the City Council would still be elected at-large. There
would be no need to redraw district lines every ten years. Residency districts are more equal in
population. The major disadvantages entail minority groups tend to look disfavorably on at-large election
systems and campaigns tend to be more expensive.
August 3, 1993
---
- 24-
I1w..1ll.=.U.l
UNFINISHED BUSINESS
ITEM # 37087 (Continued)
ADD-ON
The Council of Civic Organizations Plan is not an at-large system. It institutes a mixed plan. There are
seven single member districts and four Council representatives would continue to be elected at large.
These seven single member districts vary in population from 55,067 to 59,122. The total population
deviation of this plan is 7.2%. The highest concentration of minority voters would be found in the Bayside
District, 19.4%. The major advantages of the CCO plan is it combines the best features of the At-Large
election system with the best features of the single member district. It also creates election districts that
are approximately equal in size. The major disadvantage of this particular plan, besides requiring
submission to the Justice Department, is it does nothing to provide minorities with a better opportunity
than the current plan to elect candidates of choice. The single member district component of the CCO
Plan does meet constitutional standards in terms of the 14th Amendment - one person, one vote. The
CCO Plan was drawn utilizing existing precinct lines. Minority districts cannot be fragmented. The Plan
is not retrogressive with regard to minority voting strength. Campaigning in single member districts is
less expensive. District lines would have to be redrawn every ten years. Because of the fragmentation
component and highest minority concentration is only 19.4%, this particular Plan does not do a better
job reflecting minority voting strength in Vzrginia Beach.
Council Moss advised the Council of Civic Organizations, after submission of the aforementioned plan,
formerly changed their plan to a ten district plan. Councilman Dean also advised this Plan originally
came from the Mayor's Commission on Reapportionment chaired by Don Clark. It was never compiled
originally by the Council of Civic Organizations.
The NAACP proposes a very narrow voting district that follows Vzrginia Beach Boulevard. Districts that
are bizarre in shape can be challenged and the Justice Department might view the NAACP Plan as
problematic.
BY CONSENSUS, City Council shall SCHEDULE for the City Council Session of August 10, 1993:
Discussion of Reapportionment Concepts:
7-4 Plan
Modified 7-4 Plan
7 District - 4 At-Large Plan (Former CCO Plan)
Ordinances related to these concepts will be prepared for distribution to City Council and SCHEDULED
for the City Council Session of August 24, 1993.
August 3, 1993
Item lU -N.
ADJOURNMENT
- 25-
ITEM # 37088
Mayor Oberndorf DECLARED the Meetmg ADJOURNED at 3: 15 P.M.
~~--_<2~~~----
Beverly O. Hooks, CMC
Chief Deputy City Clerk
~&-}-~-~-------
Ruth Hodges Smith, CMC/ME
City Clerk
City of Virginia Beach
VIrginia
------------------------
Meyera E. Oberndorf
Mayor
August 3, 1993