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MAY 5, 1994 MINUTES"WORLD'S LARGEST RESORT CITY" t ~IT¥ COUNCIL CITY COUNCIL AGENDA MAY 5, 1994 I. CITY MANAGER'S BRIEFING - Council Chamber - 1:00 PM 1994 EVENTS AND ENTERTAINMENT PROGRAM James B. Ricketts, Director, Convention and Visitor Development Il. 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 Ill. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Edmund S. Martin, Jr. Sandbridge Community Chapel of the United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS April 26, 1994 G. MAYOR'S PRESENTATION 1. PROCLAMA'NON - NATIONAL DRINVJNG WATER VVEEK - May 1-7,1994 Joseph P. Martin, @ness Manager, Public L)tilftles Wanda Frink, Water Conservation Coordinator, Public Utilhies H. CONSENT AGENDA AJI matters listed under #* Consent Agenda are considered in the ordinary course of business by Cfty Council and will be enacted by one motion In the form listed. If an Rem is removed from the Consent Agenda, ft vall be diwussed and voted upon separately. 1 . Ordinance to AMEND and REORDAIN Section 21-259 of the Code of the City of Virginia Beach, NArginia, re extension of cruising restriction. 2. Ordinance to ACCEPT and APPROPRIATE a $14,706 Grant from the Virginia Department of Environmental Qualfty; and, to APPROPRIATE $248 local match from the Environmental - Matching Gift Fund to the Department of Planning re compilation of a sepUc tank Inventory for the Chesapeake Say Watershed within the City; create a full- Ume temporary posftlon; and, Increase revenues from the Commonwealth accordingly. 3. Ordinance to ACCEPT and APPROPRIATE a $11,661 supplemental Grant from the \Iirginia Department of Environmental Quality to the Department of General Services, Landscape Servkms Division, re enhancement of the Cftys lifter preventlon and recycling volunteer programs (Clean Community Program), and Increase revenues from the Commonweafth aocordingty. 4. Ordinance to TRANSFER $96,884 from the Water and Sewer Fund Reserve for Contingericies to ft FY 1993-1994 Public LAIIHies Department Operating Budget re replacing two (2) sanitary sewer cleaning vehicles. 5. Ordinance to TRANSFER $48.906 from ft General Fund Reserve for Contingencies to ft Offim of the General Registrar re fund expenses of June 14, 1994, Primary El@ons. 6. CERTIFICATE OF PUBUC CONVENIENCE AND NECESSITY: Hol@ Limousine Service, Inc. 1. APPOINTMENTS ARTS AND HUMANITIES COMMISSION MEDICAL COLLEGE OF @PTON ROADS J. UNFINISHED BUSINESS K. NEW BUSINESS 1 COUNCIL-SPONSORED rrEM: a. CROATAN PARKING PLAN (Sponsored by Councilman James W. Brazier, Jr.) L. ADJOURNMENT iv. CITY COUNCIL WORKSHOP - Council Chamber RECONCILIATION a. FY 1994-1995 OPERATING BUDGET b. CAPITAL IMPROVEMENT PROGRAM If you are physically disabled or visually Impaired and need asswance at this meeting, please call the C[TY CLERK'S OFFICE at 427-4303 Hearing Impaired, call: TDD onty 427-4305 (TDD - Telephonic Device for the Dea@ 4/28/94m]m AGENDA\5-5-94.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 5, 1994 Vice Mayor William D. Sessoim, Jr., called to order the CITY M"AGER'S BRMFING to the k7RGINLI BF,4CH CITY COUNCIL in the Council Chamber City Hall Building, on Tuesday, May 5, 1994, at 1:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branci4 III, Robert W. Clyburn, Robert K Deam Louis R. Jones, Nancy K Parker and rice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E Oberndorf [EA7ERED: 2:00 P.M.ICH"BER OF COMMERCE AWARDS FOR S@ BUSLVESSES James W. Brazier, Jr. [O UT 0,F' TO WN ON B USINESS] Paul J. Lanteigne [ENTE@1).- 1: I 0 P. M. I John D. Moss JENTERFD: 2:00 P.M.1 Yice Mayor Sessotm, being a Corporate Officer of Central Fidelity Bank, disclosed there were no mauers on the agenda in which he has a '@rsonal interest" as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank 7he Vice Mayor regularly files this Disclosure with the City Clerk as he may or nwy not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of May 5, 1994, is hereby made a part of the record. .ILLI.M D SESSOMS 1. .09 GREEN' @EE RCI VICE MAIOR VIR@)NI@ BE.CL, ll-(i'N@ l@'@ (8.@) @13 @92@ May 5, 1994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Dear Mrs. Smith: In accordance vath my letter to you dated August 10, 1993, 1 have thoroughly reviewed the agenda for the May 5, 1994, meeting of City Council for the purpose of identifying any matters in which I niight have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda in which I have a "personal interest," as defined in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, William D. Sessoms, Jr. Vice-Mayor WDS,Jr./dmc - 2 - CITY MANAGER'S BRIEFING 1994 EVENTS AND EATERTAINMENT PROGRAM ]:00 P.M. ITEM # 3 7945 James B. RickeUs, Director, Convention and Visitor Developntent, advised City Council approved 4he extension of the Vwginia Beach Events UnlhWted contract through the end of December 1994. With that directior; a new contract was developed effective January 1, 1994, for the calendar year and that contract way signed in March 1994. Several months ago, Mr. Ricketts reorganized within his Department the Specid Events and Fdm Office, and rather than having them report directly to hin4 he charged them under the Convention Facilides Division, directed by Bill Holland. Ihis willprovide more of the day-to- day oversight and management of the City@ portion of the program. Mr. RickeUs requested Lee Edmondson, CPA - Finance Officer for the Pavilion, assume the review process for the financial reporting procedures of the VBEU Two (2) programs have been transferred to Virginia Beach Events, Unlindted: Fireworks: Funds of $6ZOOO, were cut from the Budget last year. Courtesy Patrol: VBEU has developed a $15,000 sponsor. Joe Gianascoli, Chairman of the Board - rirginia Beach Events Unlimited, advised over the past twenty years, the Neptune Festival has been structured in such a way that combined both public and private citizens within VBEU and the Neptune Fesdval to establish a first rate operation. Old Dominion University conducted a study in 1993, the i"ct on revenues brought to the City as a result of the Neptune Festival is close to $12-MIILION, with direct tax benefits to the City of $400,000. Chris Casey, Director - Special Events VBEU - advised the three component budgets of the Beach Events program: Ocean Occasions (General Entertainment) Beach Events (Major Events) Administration In the first four months of this calendar year, VBEU is 20% ahead in dollars raised through sponsors aver those raised last year. Sponsorship, Unl@ed, has been employei4 on a commission basis, which has assisted in leveraging dollars without having to expend City dollars. 77tere are five (5) components in the Beach Events program: (1) Major kickoff at MemorW Day (Fireworks CompetWon). 7his will grow this year to include a major lazar light show sponsored by AT & T, with a value of $200, 000. (2) On June 8, 9 and 10, the P-wginia State Games wiU be featured comprised of 5,000 athletes encompassing over 32 sports. Opening ceremonies will be similar to the Olympics. Because of sponsorship, this event will cost only $5,000. 2200 room nights are projected. (3) One of 4he largest American Music Festivals in the Southeast will be held over Labor Day. Offers are currently out to the Beach Boys, Billy Ray Cyrus, Temptations, Four Tops, Blood, Sweat & Tears, as well as four national acts. In addition, there will be forly other regional and local bands. Atlantic Avenue will be closed off and there wiU be a festival atmosphere with concessions, mini-circus acts, el cetera. May 5, 1994 - 3 - CITY MANAGER'S BRIEFING 1994 EVENTS AND ENTERTAINMENT PROGRAM ITEM # 37945 (Continue) (4) In Mid November, the Oyster Bowl Festival will expand to include a Country Western component. (5) A major New Year's Celebradon will be developed Mr. Casey advised the five (5) components of the Ocean Occasions Program: (1) 119 nights of music at the 24(h Street Stage (every day before Memorial Day to Labor Day and then weekends after Iabor Day). (2) 13 evenings of Family 77teater Presentations (3) 12 Sunday nights of fireworks displays. (4) Boardwalk entertainment which will take place in up to 7 locations each day from mid-June through Labor Day. 7hese will include, among others, such performers, ay mimes, jugglers, clowns, face painting and musical entertainers. (5) 77te Courtesy patrol will mamtain three laosks throughout the season, which will feature the new "Vis-A-Touch " machines for continuous information and assistance to our beachfront visitors. In addition to the machine, there will be an able bodied smiling individual who can answer any questions. Mr. Casey advised volunteers for the Virginia State Gamev can call Info-City Line or VBEU headquarters at 498-0215. James Capps, Chairman - Steering Commiuee, VBEU, advised the &eering Committee has been meeting on a weekly basis since January and each Mission Statement has been revisited with Ocean Occ4Wons and the Beach Events Program. 7he Steering Committee has approved the Budget submitted by VBEU on April 18, 1994. Mr. Rickeus advised the Total City Appropriation (Calendar Year January 1, 1994) through December 31, 1994, for the Beach Events Program is $700,519 and $169,889 for the Ocean Occasions Program. Ae Totd Support and Revenue amount to approximately $1,500,000. Reporting under the current contract is more defined than 4he previous one. However, the reporting frequency has been changed from a monthly to a quarterly basis. Yhe Steering Committee, through their budget accounting formats, will be getting monthly reports. Ihe new contract requires separate reporting for each of three componena. Reporting is required both quarterly and year-to-date, and is to include Budget to actual comparisons with Variances. In addition, the reports must include both summary data and detail by event or activity for the two program budgets. An explanation of variances is also required and a reconciliation of the variances as to why they occurred. Mr. RickeUs believes the most critical element in teriw of the City's needs in examining thefinancial is whether the City can successfully answer 4hefollowing three questions: How much is and how much was planned to be spent for the pardcular event, activity or administrative item? How much was actually spentfor this particular event, activity or administrative item? @ was the difference and why? Councibnan Dean referenced the reenactment of the Invasion of Normandy for the week leading to June Fourth. Councibnan Dean advised they are short appraximtely $5,000. 10,000 visitors are expectedfrom all over the Country and around the World. Mr. Rickeus advised this event is coming together and will be the largest D Day celebration in this Country outside of the actual D Day event overseas. Ihis will be revisited with the VBEU Steering Commiuee at their next meeting May 5ixteenth- May 5, 1994 - 4 - ITEM # 37946 Vice Mayor Willia- D. Sessonu, Jr., called to oder the INFORMAL SESSION of the k7RGINL4 BEACH CITY COUNCIL in the Council Chainber, City Hall Building, on 7hursday, May 5, 1994, at ]:35 P.M. Council Members Present.- John A. Baum, Linwood 0. Brancl4 III, Robert W Clyburn, Robert K Dea@ LOuis R Jones, Paul J. Lanteigne, Nancy K Parker and jrce MaYor William D. Sessonu, Jr. Council Members Absent.- J-- W. Brazier, Jr., John D. Moss and Mayor Meyera E. Oberndorf 7'here being no EXECUTIVE SESSION, the City Council RECESSED at ]:35 PM. may 5, 1994 - 5 - FORMAL SESION VIRGINLI BF,4CH CITY COUNCIL May 5, 1994 2:00 PM. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the l,7RGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on 7hursday, May 5, 1994, at 2:00 P.M. Council Members Present John A. Baum, Linwood 0. Branci4 III, Robert W. Clyburp; Robert K Deap4 Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent. James W. Brazier, Jr. [OUT OF TOWN ON BUSINESS] INVOCATION.- Reverend Edpnund S. Martin, Jr. Sandbridge Community Chapel of the United Methodist Church PLEDGE OF AIIPGU May 5, 1994 - 6 - CER77FIC4TION OF EXECUTIVE SESSION ITEM # 37947 Certification was not necessary as no EXECUTIVE SESSION was held. May 5, 1994 7 MINUTES ITEM # 37948 Upon motion by ;rice Mayor Sessoms, seconded by Councibnan Clyburn, City Council APPROVED the Minutes of the INFO AND Fo SESSIONS of April 26, 1994. Councibnan Moss requested his normal disclosure be added to the Minutes of April 26, 1994, re discussion of educational issues in the FY 1994-1995 OPEP-477NG BUDGETICAPITAL IMPROVEMENT PROGRAM WORKSHOP. Councilman MOss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife is currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councibnan Moss declared he was able to participate in the transaction fairly, objectively and in the best public interest. Councibnan Moss's letter of July 14, 1992, is hereby made a part of the record. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert W Clyburr4 Robert K Deat4 Louis P, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoif Nancy K Parker and Vice Mayor WtUiam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent,- James W Brazier, Jr May 5, 1994 8 AL4YORIS PRESENTATION ITEM # 37949 ADD-ON Mayor Oberndorf advised today is the NATIONAL DAY OF PRAYER 7his morning the Mayor celebrated with Special Chalknged Students at Bayside Recreation Center. 77lere was a child present whose mother was told not only would she ever be able to play an instrument, but never be able to think to compose a song. 7he child stood and sang a song, she composed, and played her accompaniinent on the guitar. 7he Virginia School for the Blind and Deaf with their band and instructor who looked like a football player, danced to the hokey pokey. May 5, 1994 9 -G MAYOR'S PRESENTATION ITEM 37950 MaYor Oberndorf PROCLAIMED. MA Y I 7,1994 NA TIONA L DRINKING W,4 TER WEEK Joseph P Martin, Business Manager - Public Utilities and Wanda Frink Water Conservation Coordinator - Public Utilities ACCEPTED the PROC TION. Water is a precious natural resource, which must be valued and conserved to protect humanity and our environment. Drinking water is life's vital force, sustaining our very existence, without which we could not flourish and be productive. Our community will benefit fi-om an awareness of and appreciation for clean, safe and available drinking water. May 5, 1994 .6 : Mater is a precious natural resource whirh must be valued and conserved to protect humanitij and our envircrunent; : Drinking water is life's vital force, sustaining our ver4 existence, without which we coulo not flourish and be praductive; : Our individual and communit@ health, cnmfurt, and standarb lif living Oepend upon an abundant suppl@ of safe drinking water; : the support of an informed citiaenr@ is vital tLi the efficient operation of a public water s@stem; anO, : Our comunit8 will benefit fram an awareness of and appreciatinn for clean, safe, and available brinking water. NON, ORE, 1, Megera E. Oberndorf, Magar of the CitB of I)irginia Beach, I)irginia, de hereb@ PROCEM: 2 A 0 1 - 7 1 9 9 4 N A t r 0 N A f D R I N K I N 6 6 A t E R 9 3E E K in I)irginia Beach and call uplin all citiiiens anb civic arganizaticins txi acquaint themselves with the importance of safe drinking water and the mang wai;s it plags a vital role in our lives. rA KIMS , I have hereunto set mg hand and caused the Official seal of the Citg of Virginia Beach, I)irginia, to be affixeb this first bag of MaB, Nineteen Hunbreb anb Ninet@-Fiiur. Megera E. Obernburf Magar 10 - -G. AL4 YOR'S PRESENTATION ITEM 37951 ADD-ON Mayor Ob-dorf PROCLAIMED: MA Y I 7,1994 MUNICIPAL CLERK'S WEEK Beverly 0. Hooks, CMC, Chief Deputy City Clerk, ACCEPTED the PROCLAMATION for the Municipal Clerk and staff. 7his Proc@don extended appreciation to rtrginia Beach's Municipal Clerk and to all Municipal Clerks for the vital services they perform and their rxemplary education to the communities they represent. May 5, 1994 CONSENT AGENDA ITEM 37952 U -lion by @ice Mayor Sessow nded by Councibnan Clybur,; Cty Councl APPROVED in pon , seco ONE MOTION, Items 1, 2, 3, 4, 5 and 6 of th, CONSENT AGENDA. Vofing: 10-0 Council Meinbers Voting Aye: John A B -, Lin 0. Branc II a w-d /4 1, Robert W. Clybur,; Robert K Deat; Louis R Jones, Paul J. Lanteigne*, John D. Moss, Mayor Meyera E. Ob-dorf NancY K Parker and rice Mayor William D. sessoms, jr. Council Members Voting Nay: None Council Members Absent.- James W. Brazier, Jr. *Co-cilman Lanteigne voted a VERBAL NAY on Item III-H. 1, May 5, 1994 12 - CONSENT AGENDA ITEM # 37953 UPon -tioll by @Ice Mayor Sessomu, seconded by Councibn- Clybury4 CitY Council ADOPTED: Ordinance tO "END and IWOIWAIN Section 21 -259 of 4he Code the City of Virginia Beac id of Virginia, re extn,,n of cru ng restriction. Voting: 9-1 Council Members Voting Aye: J n A. Ba , Linwood 0. Branc,% III oh um , Rober, W. Clyburt; Robert K Dea?; Louis R J es, J n D Moss, Mayor Meyera E Obern , Nanc on oh - dorf y K Parker and Vice Mayor William D. 5essow, jr Council Members Voting Nay: Paul J. Lanteigne COU-il Members Absent.- Jarnes W Brazier, jr. May 5, 1994 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 21-259 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA 4 PERTAINING TO CRUISING 5 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Chapter 21 Section 259 of the Code of the City of 10 Virginia Beach, Virginia be amended and reordained pertaining to 11 cruising. 12 Section 21-259. Cruising. 13 (a) The City of Virginia Beach hereby finds and declares that 14 the unregulated practice of cruising on Atlantic Avenue in the 15 resort area creates substantial vehicular traffic congestion 16 including extended periods of gridlock, interferes with the smooth 17 and orderly flow of both vehi.cular and pedestrian traffic, unduly 18 interferes with the ability of police, fire, and rescue vehicles to 19 respond to calls for assistance, and thereby endangers the health, 20 safety and welfare of the city's citizens and visitors. By 21 adoption of this section, it is the intent of the city to regulate 22 cruising on Atlantic Avenue in the resort area, and thereby, to 23 alleviate the problems associated therewith. 24 (b) The following words and phrases shall, for purposes of 25 this section, have the meanings respectively ascribed thereto: 26 (i) "Cruising" or "to cruise" shall mean to operate a 27 motor vehicle, or as a custodian thereof, to 28 permit its operation, past a traffic control 29 point two (2) times in the same direction within 30 any three (3) hour period. 31 "Custodian" shall mean any person who is the 32 owner of a motor vehicle, or has custody thereof, 33 and who is present therein at the time of its 34 operation. 35 "Enforcement period" shail mean the period from 6 April 15 to September 30, inclusive, between the 7 hours of 2:00 p.m. and . 4:00 a.m., inclusive. 38 (iv) "Restricted area" shall mean Atlantic Avenue from and including the Rudee Inlet Loop to and 39 40 including 31st Street. 1, location (V) "Traffic control point shall mean the 41 of any sign indicating that cruising is 42 the chief 43 prohibited, or any point designated by 44 of police or his duly authorized designee which 45 is located between any SUCH signs. 46 (c) it shall be unlawful for any person to cruise in the rincj the enforcement period. A violation of this 47 restricted area du a traffic infraction; and each 48 subsection shall constitute 49 successive trip past a traffic control point after a vio lation has 50 occurred shall constitute a separate violation. 51 (d) Signs indicating that cruising is prohibited shal.1 be 52 posted at periodic intervals immediately adjacent to the restricted 53 area. Such signs shall state substantially as follows: 54 NO CRUISING 2 P.M. TO -a 4 A.M- 55 UNLAWFUL TO PASS THIS POINT 56 2 TIMES IN 3 HOUR PERIOD 57 (e) The provisions of this section shall not be applicable to 58 the operator of a police, f@ire or rescue vehicle in the conduct of 59 official duties, the operator of a common carrier, or the operator 60 of any motor vehicle when such vehicle is being operated for 61 business purposes. 62 Adopted by the Council of the city of Virginia Beach, 63 virginia, on the @'i i th day of May 1994. 64 CA-5526 65 Rl 66 MARCH 14, 1994 APP'OV'-,D AS TO CONTENTS ii@E 70 TEGAI A Cy ATTORI 2 - 13 - Ite,m 111-H.2 CONSENT AGENDA ITEM # 37954 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Or&nance to ACCEPT and APPROPRL4TE a $14,706 Grant froin the Virginia Deparintent of Environmental Quality; anti to APPROPRL4TE $248 local match from the Environmental - Matching Gift Fund to the Departinent of Planning re compilation of a septic tank inventory for the Chesapeake Bay Watershed within the City; create a full-tiyne temporary position; ani4 increase revenues from the Commonwealth accordingly. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Trice Mayor William D. @5essoms, Jr. Council Members Voting Nay: None Council Members Absent.- James W Brazier, Jr. May 5, 1994 I AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT 2 IN THE AMOUNT OF $14,706 FROM THE VIRGINIA 3 DEPARTMENT OF ENVIRONMENTAL QUALITY 4 AND TO APPROPRIATE $248 AS A GRANT MATCH 5 FROM THE ENVIRONMENTAL - MATCHING G@ FUND 6 WHEREAS, the Commonwealth of Virginia's Department of Environmenta] 7 Quality has provided a grant in the amount of $14,706 to support the creation of a data base 8 and inventory of locations of septic tanks within the Chesapeake Bay watershed; and 9 @EREAS, the creation of a temporary position not to exceed nine months' 10 duration, and the purchase of computer hardware is necessary to carry out the tasks for the I I creation of this data base for the City of Virginia Beach; and 12 VMEREAS, this grant requires a cash match of $248 which is available in the 13 Environmental - Matching Gift Fund; and 14 WHEREAS, the work to be provided through these resources are considered 15 vital to the continuing work in environmental protection and resource management in 16 Virginia Beach. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 18 CITY OF VIRGINIA BEACH, VIRGINIA, that a $14,706 grant be accepted from the 19 Commonwealth of Virginia, and be appropriated to the Department of Planning for 20 compilation of a septic tank inventory for the Chesapeake Bay watershed within the City, and 21 that estimated Revenue from the Commonwealth be increased by $14,706. 22 BE IT FURTHER ORDAINED that $248 be appropriated from the 23 Environmental - Matching Gift Fund to the Department of Planning for the required cash 24 match for the grant. 25 BE IT FURTHER ORDAINED that a full time temporary position be created 26 within the Department of Planning to carry out the work of this grant. 27 This ordinance shall be effective from the date of its adoption. 28 Adopted the 5r@ day of 1994, bv the Council of the City of 29 Virginia Beach, Virginia. A-PPROVED AS lO (,-,O i@ C, -@T Walt.r C Kr@r, J, Dept cf Me.agemen! a@d 14 - CONSEA'T AGENDA ITEM # 37955 UPOn motton by Vice Mayor Sessona, seconded by Councilman Clyburn, City Council ADOPTED.- Ordinance to ACCEPT and APPROPRL4TE a $11,661 supplemental Gr-t from the Virg@ DePart?nent of Environmental Quality to the Departinent of General services, Landscape Services DivisiOI4 re enhancement of the City@ iiiter prevendon and recycling volunteer Prog-- (Ckan C-munity Program), and increase revenues from the Commonwealth accordingly. Voting: 10-0 Council Members Voting Aye: John A. Baum, LinwOOd 0, Branck III, Robert W. Clyburp4 Robert K Dea?4 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. May 5, 1994 I AN ORDINANCE TO ACCEPT AND APPROPRIATE $11,661 FROM THE STATE 2 DEPARTMENT OF ENVIRONMENTAL QUALITY FOR ENHANCEMENT OF THE CITY'S 3 LITTER PREVENTION AND RECYCLING VOLUNTEER PROGRAMS 4 WHEREAS, the Landscape Division of the Depanment of General Services is responsible for planning and 5coordinating the Clean Conimunity Commission's activities and variou, ,I,nteer programs relating to litter prevention, 6recycling and environmental awareness including Adopt-A-Programs, Earth Day, classroom presentations to 3rd graders, 7and the Volunteer Recognition Ceremony@ and 8 WHEREAS, the Landscape Division of the Department of General Services has applied for and has been awaded 9a supplemental Litter Prevention and Recycling Grant from the State Department of Environmental Quality for conducting 1 0litter prevention and recycling activities including planning and organization of the aclivities, classr,om ducation, litter 1 1cleanups, recycling, and law enforcement which would not require matching funds 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA, to accept and appropriate $11,661.00 from the State Depariment of Environmental Quality, for a supplemental 14 Litter Prevention and Recycling Grant #3-23-1 09-1 for conducting and coordinating litter prevention and recycling activities I 5including Adopt-A-Prograins, Earth Day, classroom presentations to 3rd graders, and the Volunteer Recognition Ceremony. 1 6 BE IT FURTHER ORDAINEI) BY THE COUNCIL OF THE (-'ITY OF VIRGINIA BEACH, VIRGINIA, to 1 7increase Estimated State revenue by $11,661.00. 1 8 This ordinance shall be effective from the date of its adoption. 1 9 Adopted by the Council of tlic City of Virginia Beach, Virginia on the Fifth day of 20 May , 1994. 21 APPROVED AS TO CONTENT 2 2 23 DEPARTMENT OF MANAGEMENT AND BUDGET @:\b.dg@t\93-94\g@Isgmt..,d .I. 35 gh - 15 - .4 CONSENT AGENDA ITEM # 379S6 UP- -"on by ce Mayor Sesso , seconded by unci - C r Ms CO bn lyb-n, City council ADOPTED: O,"di-,,ce to @SFER $96,884 from the Water and Sewer Fund Res- fOr COnting-cles to the Fy 1993-1994 Public Ut,,,tes D'Wart--t OP-tzng Budget re replacing two (2) an," ,,er cleaning vehicles. Voting: 10-0 COuncil Members Voting Aye: JOhn A. Baum, Linwood 0. Branck III, Robr, W Clyburn, Robert K Deal; Louis R Jones, Paul J. Lanteign,, John D. Moss, Mayor Meyera E. Obe-dorf Nancy K Parker and ;rice Mayor WIl@ D. 5,ssom, jr. Council Members voting Nay: None Council Members Absent.. James W Brazier, jr. May 5, 1994 1 AN ORDINANCE TO TRANSFER $96,884 EFROM THE WATER IM SEWER FUND 2 RESERVE FOR CONTINGENCIES TO TH FY 1993-94 PUBLIC UTILITIES 3 DEPARTMENT OPERATING BUDGET FOR THE PURPOSE OF REPLACING 4 TWO SANITARY SEWER CLEANING VEHICLES 5 6 WHEREA-S, the Department of Public Utilities responds to more 7 than 500 citizen requests per month to clear sanitary sew,r 8 stoppages in the sewer mains and sewer laterals; 9 WHEREAS, the Department currently has two sanitary sewer 10 cleaning vehicles which have experienced costly downtime for 11 maintenance; 12 WHEREAS, the City Garage has recommended that both vehicles be 13 replaced; 14 WHEREAS, the Department of Public utilities currently has is appropriations totaling $210,000 in order to replace the t-w, 16 vehicles; 17 WHEREAS, bids for the vehicles were received in March, 1994 18 totaling $306,884, leaving a deficil in funding of $96,884; 19 WHEREAS, the Water and Sewer Fund Rese-e for contingencies - 20 General has sufficient funding available to cover th, deficit in 21 funding the replacement of the two vehicles; 22 WHEREAS, the Coun(lil of the City of Virginia Beach desires tc) 23 maintain the Department's prompt response t:o requests to clean 24 sewer stoppages; 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY (DF 26 VIRGINIA BEACH, VIRGINIA: 27 That appropriations totaling $96,884 be transferred from the 28 Water and Sewer Fund Reserve fc)r Contingencies General to the FY 29 1993-94 Public Utilities Depai@tment Operating Budget to complete 30 funding for the purchase of two replacement sanitary sewer cleaning 1 vehicles. 2 This ordinance shall be effective on the date of adoption. 3 Adopted by the Council of the City of Virginia Beach, Virginia 4 on the Fifth day of 'I@y 1994. App-no-i),F,T@) AS -@o R#@)v@ @d F@-i@Jl,,3t -AL SU 16 - CONSEA7 AGENDA ITEM # 37957 UPon -lion by Vice Mayor Sessoms, seconded by Councibnan Clyburn, City Council ADOPTED. Ordi-nce to 7R"SFER $48,906 from the General Fund Reserve for Contingencies to the Office of the General Registrar re fund expenses of June 14, 1994, Prinwry Elections. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert W Clyburt; Robert K Dea?4 Louis F- 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. May 5, 1994 I AN ORDINANCE TRANSFERRING $48,906 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE OFFICE OF 3 THE GENERAL REGISTRAR TO FUND EXPENSES OF TWO 4 PRIMARIES TO BE HELD ON JUNE 14, 1994 5 W-HEREAS, the Republican Party has decided to select a candidate for the Second 6 Congressional District election through the primary method and the Democratic Party has 7 decided to select a Senatorial candidate for the Commonwealth of Virginia by the primary 8 method; 9 VMEREAS, both primaries have been scheduled to be held on June 14, 1994; to W-HEREAS, the Office of the General Registrar is required by state code to operate I I all polling places throughout the City for these primaries@ 12 VMEREAS, funds required to hold these primafies were not included in the 13 Registrar's Fiscal Year 1993 94 budget since the scheduling of pfimafies was uncertain at that 14 time. 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $48,906 be transferred 17 from the FY 1993-94 General Fund Reserve for Contingencies to vafious accounts in the Office 18 of the General Registrar. 19 This ordinance shall be in effect from the date of its adoption. 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 Fif thday of May 1994. AS TO ICIENCY 22 MANAGEMENT AND BUDCEL - 17 - Item III-H.6 CONSEA'T AGENDA ITEM # 37958 UPon motion by Yzce Mayor Sessoms, seconded by Councibnan Clyburp; City Council APPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. Hollywood Limousine Service, Inc. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert W. Clyburn, Robert K Dea?4 Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. 5essotm, Jr. Council Members Voting Nay: None Council Members Absent.- James W. Brazier, Jr. May 5, 1994 - 18 - APPOINTMENTS ITEM # 37959 BY CONSENSU@ City Council RESCHEDULED the following APPOINTMENTS.. AR7:S AATD HUMANITIES COMMISSIOIV MEDICAL COLLEGE OF HAMPTON ROADS May 5, 1994 - 19 - item ill-Ki NEW BUSINESS ITEM # 37960 COUNCIL-SPONSORED ITEMS Mayor Obemdorf referenced correspondence of Councilman Brazier, requesting the Croatan Parking Plan be DEFERRED until the City Council Session of May 10, 1994. Councibnan Brazier is not present at the City Council Session as his career job has called him out of town. Councibnan Brazier's letter is hereby made a part of the record. Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council DEFERPED until the City Council Session of May 10, 1994: CROATAN PARKING PLAN Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert W Clyburn, Robert K Dear; Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and Vice Mayor Williain D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- James W. Brazier, Jr. May 5, 1994 - 20 - Item III-K2 NEW BUSIAIESS ITEM # 37961 Councilman Moss referenced the Wall Street Joumal Article conceming the Supreme Courl Ruling on a decision of 7 to 2 that classified the ash from "waste-to-energy" plants was considered hazardous material; an4 therefore had to be treated accordingly. 7here were some conditions under which this ruling might not apply depending upon the presorting and examinations. Mayor Ob-dorf advised Monday, May 9 1994, the City Manager - James K Spore; Administrator, Waste Management - Wade Kyle; Deputy Fxecutive Director, Southeastern Public Service Authority - John Hatfiel4 and her were thoroughly questioned by the JLARC CoinmiUee appointed by the General Assembly on Environmental Racism. 7his City iy probably going to be one of the role models in the State for not having this particular problem. 7his City has been very careful in the sorting process and with the millions of dollars worth of accruements to the Plant, plus the double lining of @fill and not having other serious problems. 7he City will do whatever is necessary to acconunodate the ruling. May 5, 1994 - 21 - NEW BUSINESS ITEM # 37962 C-ncibnan Moss referenced the Accekrated School Celeb@n which he, MaYol Oberldlrf and Council LadY Parker attended last Saturday, April 30, 1994, at Lynnhae, Eleinentary SchooL 7he Fifth Graders Perfo_ed sign language while the ChOrus sung 'Heroes'. 7his was an outstanding event. 7he students were superb. May 5, 1994 22 - ADJOURIVMENT ITEM # 37963 Mayor Mey- E Ob-dorf DECL4RED the Meeting ADJOURNED at 2:20 P.M.. -------------- ,,rly 0. Hooks, CMC Chief Deputy City Clerk --- -------------------------- Ru4h Hodges &nit/4 CMCIAAE Meyera E Oberndorf City Clerk Mayor City of Virginia Beach 1-irg@ City Council continued with the RECONCILL4TION WORKSHOP RE FY 1994-1995 OPER,4TING BUDGET / CAPITAL IMPROVEMENT PROGR,4M unal 6.00 pm. May 5, 1994