Minutes 05/30/1978 - Laserfiche WebLink

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78-172 "Consideration of a motion authorizing the City Assessor to abate and the City Treasurer to refund real estate and personal property taxes resulting in overpayment by the Seaba,ar~ Comsat-Line Railroad in the amount of $558.65. Apparently for the tax year 1977~28,the State Tax Department had instructed the City to compute the rate of levy for the Public Service 40% property by multiplying the local rate of $1.30 by 2.5 in order to equate 100% of assessment which would provide a rate of $5.25. It has been determined this method of computing the rate was in error and results in the refund of $558.65 to the Seaboard Coast Line Railroad. The City Manager recommends adoption." Motion of Mr. Barnes and seconded by Mr. Early, that authorization be granted to refund real estate and personal property taxes in the amount of $558.65 to the Seaboard Coast Line Railroad for overpayment, and was adopted by unanimous vote. 78~1~5 - "Consideration of a motion designating Councilman Jack P. Barnes as representa- tive for the City of Portsmouth to the Tidewater Transportation District Commission's joint ~ublic hearing to be held at 5:00 p.m. on Thursday, June 8, 1978. Motion of Mr. Oast and seconded by Mr. Elliott, that Councilman Jack P. Barnes be de- signated as the hearing officer to the TTDC joint public hearing on date as stated, and was adopted by unanimous vote. %8-174 "Submission of a report from the City Manager relating to State and local taxes requested by Councilman Barnes at the City Council meeting on January 24, 1978. Mr. Barnes requested that data be furnished concerning per capita tax rates paid at the State versus local level. The attached report is furnished for your information and provides the information requested." Motion of Mr. Barnes and seconded by Mr. Early, that the report be accepted and copies to be forwarded to members of the General Assembly representing Portsmoutk, and was adopted by unanimous vote. 78-175 - "Submission of a report from the City Manager on permit requirements safety requirements as related to use permits for borrow pits." The following report submitted: and "Since my report to you on December 9, 1977 (Agenda Item 7~445)the staff has had additional time to look at borrow pits from the standpoint of operation; as well as, the current ordinance relating to issuance of permits for operation. I would like to point out several items which were discussed in the previous report; but, did not provide sufficient background to draw any conclusions or make any recommendations at that time. There are two distinct and separate physical characteristics when comparing an operation- al borrow pit to a lake (normally a finished borrow pit]. The City has many lakes which are used for esthetic purposes in ~he development of residential property and also provides for drainage for many of these properties. Once a lake has been constructed the ownership of the lake normally belongs to a home owner's association or the developer. This type of development has been repeated many times in our City and lends itself to residential development; because of the characteristics of the Tidewater area as it relates to water and poor drainage. / The second item relates to borrow! pits for which use permits are issued for the purpose of furnishing fill material to construction sites whether it'be for highways or other. The City of Portsmouth currently h~s two borrow pits in operation; one on Rivershore Road operated by Cotton Brothers; and, the second one located on Twin Pines Road operated by the Virginia Department of Highways and Transportation. As you will recall the borrow pit was issued a permit to operate by the City's Board of Zoning appeals on June 27, 1972. The only records of the issuance of that permit are contained in the Board's minutes, which are vague and in the plat submitted for record. The plat indicates that approximately 505,700 cubic yards of fill material was to be excavated In November of 1976, the City Council adopted an excavation ordinance which changed the manner and conditions under which a borrow pit could be authorized to operate. However, borrow pit~ existing prior to the new ordinance were only required to register their operation§ and to pay a fee for material extracted after July 1, 1977. As you will recall the essence to my December report was that very little could be required of the borrow pit operator legally; but, that in general the operator had taken steps to comply with the City's wishes. As of my December report there was some question and operator had fully complied with the requirements not formally registered his excavation believing that of his original application of 1972, the requirements of whether or not the borrow pit owner of the new ordinance. The owner had this requirement had been met by virtue for which are the same. The operator of the pit, however, had failed to pay the excavation tax commencing July 1, 1977. This was brought to the Commissioner of Revenue's attention who promptly made contact with the operator and made arrangement £or immediate compliance. As of this date, the Cotton Brothers borrow pit is in full compliance with the City Code. The owner of the property in which this borrow plt is being operated has stated that the excavation site will be closed by December 51, 1978, and that work will commence to convert the borrow pit into a lake with home sites as outlined on his excavation survey.