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JULY 5, 1994 MINUTES "WORLD'S LARGEST RESORT CITY" Li@ 0. B@ 111, Vi,gi.l. S..@ B.-.Vh @@ X. b@. "I ..... @. ..@.wh LOUIS W. imn. 3.7.1d. ..-gh PM=. At-L.m. .ILLIM D. S@, @t.. At-L.M. @IM .. Tn@M. B.-.,h J@ X. BMRC. City MLIN L. LTLLW. Ity ..t.-.? -ITH, CITY COUNCIL AGENDA S P E C I A L S 3 S S I 0 N JULY 5, 1994 TTEM I. amial Ion - Council Chamber A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Dr. Paul C. Bailey Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE to the Flag of the United States of America D. ELECTRONIC ROLL CALL OF CITY COUNCIL ITEM II. READING OF MAYOR'S LETTER STATING PUROOSE OF SPECIAL MEETING rTEM III. CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL Presiding: The Honorable J. Curtis Fruit Clerk of the Virginia Beach Circuit Court A. OATH OF OFFICE TO MEMBERS OF CITY COUNCIL E MAYOR ITEM IV. FMML =HTING OF VIROXMIA BUM CITY COUNCXL Mayor Mayera E. Oberndorf, Presiding ITEM V. ADJOURNMENT ROLL CALL DAT'E: July 5, 1994 INFORMAL EXECUTIVE FORMAL PRESENT PRESENT PRESENT OBERNDORF, MAYOR MEYERA E. BAUM, JOHN A. BRANCH, LINWOOD O., Ill DEAN, ROBERT K. 14.ARRISON, W. W., JR. HENLEY, BARBARA M. JONES, LOUIS R. MOSS, JOHN D. PARKER, NANCY K. SESSOMS, WILLIAM D., JR. STRAYHORN, LOUISA M. MEYERA E. OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427 4581 June 28, 1994 HONORABLE MEMBERS OF CIYY couNCII In accordance with the City Charter, Sectio, 3.o6, the City Code, Section 2-21, -d by the authority vested in me as Mayor of the City, I hereby call a SPECL4L SESSION of RGIN B CH CITY COUNCIL n the Council C mber, Ci the "7 L4 EA ha ty Hall Builfing, Tu-day, July 5, 1994, at 11:00 A.M. for the purpose of administering the Oath of Offlce to the Members of CitY Council and the election of the Vice Mayor, ,@incerely, M,yera E Obrndorf Mayor MEOlbh cc: James K Spore, City Manager Le,slie L Lilley, City Attorney Ruth Hodges &.ltb, cmclAAE, Cty Clerk P- Lingle, Director of Public Information SUMMARY: rrEM H. READING OF MAYOR'S L=ER STATING PURPOSE OF SPECIAL MEETING DATE:July 5, 1994 VOTE RECORD MAIN MOTION SUBSTYRUTE MOTION OBERNDORF, MAYOR MEYERA E. BAUM, JOHN A. BRANCH, LINWOOD O., Ill DEAN, ROBERT K. HARRISON, W. W., JR. HENLEY, BARBARA M. JONES, LOUIS R. MOSS, JOHN D. PARKER, NANCY K. SESSOMS, WILL@ D., JR. STRAYHORN, LOUISA M. SUMMARY:III-A. OATH OF OFFICE TO MEMBERS OF CrrY COUNCIL I DATE:July 5, 1994 VOTE RECORD MAIN MOTION SUBSTrrUTE MOTION OBERNDORF, MAYOR MEYERA E. BAUM, JOHN A. BRANCH, LINWOOD O., III DEAN, ROBERT K. HARRISON, W. W., JR. HENLEY, BARBARA M. JONES, LOUIS R. MOSS, JOHN D. PARKER, NANCY K. SESSOMS, WILLIAM D., JR. STRAYHORN, LOUISA M. TO: The Honorable Meyera E. Obemdorf, Mayor FROM: Leslie L, Lilley, City Attomey DATE: July 5, 1994 The Chair will entertain a motion to recess into an executive (closed) session pursuant to the exemption(s) from open meetings allowed by Section 2.1-344(A) Code of Virginia, as amended, for the following purpose(s): PERSONNEL MATTERS: 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). To-Wit: Office of Vice-Mayor SUMMARY: RECESS TO EXECUTIVE SESSION DATE:July 5, 1994 Special Session R MAIN MOT'ION SUBSTrrUTE MOTION OBERNDORF, MAYOR MEYERA E. BAUM, JOHN A. BRANCH, LINWOOD O., ill DEAN, ROBERT K. HARRISON, W. W., JR. HENLEY, BARBARA M. JONES, LOUIS R. MOSS, JOHN D. PARKER, NANCY K. SD SESSOMS, WILLIAM D., JR. STRAYHORN, LOUISA M. SUMMARY: CERTIFICATION OF EXECUTIVE SESSION DATE:July 5, 1994 Special Session 0 MAIN MOTION SUB@UTE MOTION OBERNDORF, MAYOR M]EYERA E. BAUM, JOHN A. BRANCH, LINWOOD O., Ill DEAN, ROBERT K. HARRISON, W. W., JR. HENLEY, BARBARA M. JONES, L)OUIS R. MOSS, JOHN D. PARKER, NANCY K. SESSOMS, WILLLAM D., STRAYHORN, LOUISA M. CERTIFICATION OF EXECU71VE SESSION VIRGINIA BEACH CITY COUNCIL WHERFAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a oertification by the goveming 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 mafters 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. SUMMARY:HI-B. ELECTION OF VICE-MAYOR DATE:July 5, 1994 MAIN MOTION SUB MOTION OBERNDORF, MAYOR MEYERA E. BAUM, JOHN A. BRANCH, LINWOOD O., III DEAN, ROBERT K. HARRISON, W. W., JR. HENLEY, BARBARA M. JONES, LOUIS R. MOSS, JOHN D. PARKER, NANCY K. SESSOMS, WILLLAM D., JR. STRAYHORN, LOUISA M. SUMMARY:HI-OATH OF OFFICE TO VICE MAYOR DATE:July 5, 1994 VOTE RECORD MAIN MOTION SUBSMUTE MOTION OBERNDORF, MAYOR MEYERA E. BAUM, JOHN A. BRANCH, LINWOOD O., Ill DEAN, ROBERT K. HARRISON, W. W., JR. HENLEY, BARBARA M. JONES, LOUIS R. MOSS, JOHN D. PARKER, NANCY K. SESSOMS, WILLLAM D., JR. STRAYHORN, LOUISA M. ME i@E E OEERNDOF F 11 T MF EP @4 IIEFF,[,Iill CA ce 94 9A SUMMARY:IV - FORMAL SEATING OF VIRGINIA BECH CrrY COUNCIL DATE:Iuly 5,1994 VOTE RECORD MAIN MOTION SUBSTrrUTE MOT'ION OBERNDORF, MAYOR MEYERA E. BAUM, JOHN A. BRANCH, LINWOOD O., Ill DEAN, ROBERT K. HARRISON, W. W., JR. HENLEY, BARBARA M. JONES, LOUIS R. MOSS, JOHN D. PARKER, NANCY K. SESSOMS, WILLIAM D., JR. STRAYHORN, LOUISA M. SUMMARY:V - ADJOURNMENT DATE:July 5,1994 VOTE RECORD MAIN MOTION SUBSTITUTE MOTION OBERNDORF, MAYOR MEYERA E. BAUM, JOHN A. BRANCH, LINWOOD O., III DEAN, ROBERT K. HARRISON, W. W., JR. HENLEY, BARBARA M. JONES, LOUIS R. MOSS, JOHN D. PARKER, NANCY K. SESSOMS, WILLLAM D., JR. STRAYHORN, LOUISA M. (2 it )01-, N7i t-@ il I I "WORLD'S LARGEST RESORT CITY" J- A. "M. LZ@ 0. SRMM IZZ, Vi@gi.i. M..@ g.@ -@ X. Dam. P,L.-.. @. N.-..h W. .. @am. 3R.. L@.I.. ft-h su@ M. @. @" N.-.,h @le 2. J@. mrid. j@ At-L.". PARRM. At-L.@ 'LLM 0- SRBWM. @R.. 11-L.n. 1- "- STPAYROM. J@ -. Mat. ft@y LCBLZZ L. LILLST. It, Att.-., RUTH H-M= MITH. MC/-. ct" @l.@k CITY COUNCIL AGENDA S P E C I A L S E S S I 0 N JULY 5, 1994 ITEM I. SPECIAL FORMAL SESSION - Council Chamber 11:00 Am A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Dr. Paul C. Bailey Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE tO the Flag of the United States of America D. ELECTRONIC ROLL CALL OF CITY COUNCIL ITEM Ii. READING OF KAYOR'S LETTER STATING PURPOSE OF SPECIAL KENTING ITEM III. CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL Presiding: The Honorable J. Curtis Fruit Clerk of the Virginia Beach Circuit Court A. OATH OF OFFICE TO MEMBERS OF CITY COUNCIL B. ELECTION OF VICE-MAYOR C. OATH OF OFFICE TO VICE MAYOR ITEM IV. FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL Mayor Meyera E. Oberndorf, Presiding ITEM V. ADJOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 5, 1994 May- Meyera E. Oberndorf called to order the SpECL4L SESSION of the 1,7,RGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Bil&,g, - Tu-daY, July 5, 1994, at 11:00 A.M. for the purp-e of administering the Oath of Office to the Members of City Council and the election of the Vi'ce Mayor. Council Members Present: John A. Baum, Linwood 0. Branch, Iii, R,,hrt K Dea,,, William W. Harr'son, Jr., Barbara M. Henley, LOuis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Wlllia- D. Sessoms, Jr. and Louisa M. Sfrayhorn Council Members Absent: None INVOCATION.- Dr. Paul C. Bailey Virginia Beach United Methodist Church WILLIAM D SESSOMS JR @ICE MAYOR 809 GREENTREE ARCH @IRGINIA BE@CH, VIRGINIA l@ll (-Q-) @'@ 391@ July 5, 1 994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interest's A,t Dear Mrs. Smith: In accordance witli nly letter to Yoti dated AtIgLISt 10, 1993, 1 have thoroughly reviewed the agenda for the JLI]Y 5, 1994, meeting of (@ity Council for the purpose of identifying any matters in which I inight have an actLIZ11 01- potential conflict under the Virginia Conflict of Interests Act. Based oii that i-eview, please be advised that, to the best of my knowledge, there are iio matters oii ttie agenda iii which I have a "personal interest," as defined in the Act, either ijidividlially oi- in iny capacity as an officer of Central Fidelity Bank. Accordingly, I respectflilly reqllest that YOLI recoi-d this letter in the official records of the Council. Thank you for your assistatice and coopei-ation iii this iiiatter. Very ti'Lily YOLirs, iis, Jr. Vice-Nlayoi- WDS,Jr./clb - 2 - e ITEM # 38164 Zhe Mayor read the C4LL TO SPECIAL SESSION. "HONORABLE MEMBERS OF CIYY COUNCII In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECL4L SESSION of the 1,7RGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City HaU Building, on Tuesday, July 5, 1994, at ]]:00 A.M. for the purpose of administering the Oath of Office to the Members of City Council and the election of the Vice Mayor. Sincerely, sIMeyera E. Oberndorf Mayor July 5, 1994 3 OATH OF OFFICE ITEM # 38165 7he Honorable J. Curtis Fruit, Clerk of Circuit Court, administered the formal Oath of Office to: WilLiam W. Harrison, Jr. Lynnhaven Borough Barbara M. Henley Pungo Borough Louis R. Jones - Bayside Borough Nancy K Parker - At Large Wdliam D. Sessoms, Jr. - At Large Louisa M. Strayhorn - Kempsville Borough July 5, 1994 4 ITEM # 38166 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of ;-irginia, as amendec4 for the following purpose: PE,RSONNFI- MA7TFRS: Discusswn or consideratwn of or interviews of prospective candidates for employment, assignment, appointment, Promotioy; performance, demotiop; salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to 5ection 21-344 (A) (1). To-Wit.- Office of tice Mayor UpOn motion by Councibnan Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W. Harrison, Jr, Barbara M. Henley, Louis R Jones, John D moss, mayor Meyera E. Oberndorf, Nancy K Parker, rice Mayor wzlliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Non e Council Members Absent.- None July 5, 1994 5 te CERTIFlc,4TION OF EXECUTIVE SESSION ITEM # 38167 Upon motion by Council Lady Parker, seconded by Council Lady Henley, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business nwtiers 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 0. Branch, Ill, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, V"ice Mayor William D. Sessoms, Jr. and Louiva M. Strayhorn Council Members Voting Nay: None Council Members Absent: None July 5, 1994 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CFFY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recordcd in rrEM # 38166, Page No. 4, and in accordance with the provisions of T'he Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiflcation by the goveming body that such Executivc Session was conducted in confonnity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hcreby 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 Executivc Session to which this certification resolution applies; and, (b) only such public business mattcrs as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Kuth Hodges gmith" CMC/AAE City Clerk July 5, 1994 6 item iii-C ELECTION OF VICE MAYOR ITEM # 38168 Mayor Meyera E. Oberndorf called for the NOMINATIONS for the election for the V7CE MAYOR of the City of Virginia Beach. CounciLpnan Baum placed in NOMINATION the name of WdUam D. Sessoms, Jr. Councilman Moss placed in NOMINATION the name of Nancy K. Parker. Voting: 7-4 Council Members Voting For William D. Sessoms, Jr. John A. Baum, Linwood 0. Branch, Ill, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, rice Mayor William D. 5esso?W, Jr. and Louisa M. .5trayhorn Council Members Voting for Nancy K Parker: Robert K Dean, John D. Moss, Mayor Meyera f,. Oberndorf and Nancy K Parker Council Members Absent: None July 5, 1994 7 Item ill-D. OATH OF OFFICE TO THE VICE MAYOR ITEM # 38169 7he Honorable J. Curtis FruiC Clerk of Circuit Court, administered the formal Oath of Office to the Vice Mayor.- Wilham D. Sessona, Jr. Vice Mayor July 1, 1994 to June 30, 1996 July 5, 1994 - 8 - Item iv-A FO SEATING OF 1,7RGINLI BF,4CH CITY COUNCIL ITEM # 38170 Mayor Oberndorf referenced the FORMAL AND INFORMAL SEATING OF VIRGINL4 BF-4CH CITY COUNCIL. A copy of the FORM,4L and INFORAL4L SFATING chart is hereby made a part of the record. July 5, 1994 9 item V. ADJOURNMENT ITEM # 38171 Mayor Oberndorf DECLARED th, City Council Meeting ADJOURNED at 11:35 A.M Beverly 0. Hooks, CMC Chief Deputy City Clerk ------------------------ Meyera E. Oberndorf City Clerk Mayor City of kirginia Beach ;-irginia July 5, 1994 (2 it I I i 'r k "WORLD'S LARGEST RESORT CITY" MTOR @ 2. MXMWkr. At-"". MM. BL@@.. M-.Vh 0. a@ ill, VLIVL.L. S.-h B.-gh R. DUN. @. B.-.gh W. V. OWI@. JR.. L@-- D.--gh @ M. @". @s. a --- gh Lauxe P. @ann. "7.16. "-.gh JOW U. MOB. At-L..V. @ X. @. At-L.m. WILL@ U. s@, in.. at-L.@'. @2m M. nu@. K--ill. a --- gh j@ -. -"-R, city @LIZ L. LZLL". City Att.-.7 CITY COUNCIL AGENDA JULY 5, 1994 CITY MANAGER'S BRIEFINGS - Council Chamber - 11:30 AM A. HURRICANE PROTECTION Carl Thoren, P.E., Beach Management Engineer B. SHORE DRIVE SAFETY GRANT John Herzko, City Engineer C. ELECTORAL PLAN Les Lilley, City Attorney Ii. INFORMAL SESSION - Council Chamber - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorl 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: Dr. Paul C. Bailey Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICAIION OF EXECUTLVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - June 28, 1994 G. CONSENT AGENDA All matters listed under the Consent Agerida are considered in the ordinary course of business by Cfty 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 . Resolution to appoint Patricia A. Holt and Lawrence S. Spencer as Assistant City Attomeys. 2. Ordinarice to AMEND and REORDAIN Section 31-2 of the Code of the City of Virginia Beach, Virginia, re administration and enforcement of Chapter 31, giving authority for Waste Management edde enforcement to the Departrnent of Housing and Neighborhood Preservation. 3. Ordinarice to AMEND and REORDAIN Sections 6-117 and 6-122 of the Code of #w City of Virginia Beach, Virginia, re beaches, boats and waterways. 4. Ordinance to APPROPRIATE $69,089 in additional revenues from the Virginia Department of Corrections FY 1993-1994 Operating Budget to support the Community Diversion Initiative Program; and, FY 1993-1994 estimated revenues from the Commonweafth be increased accordingly. 5. Ordinance to ACCEPT and APPROPRIATE a $28,852 Grant from the State Department of Criminal Justice and TRANSFER $3,206 from the FY 1994-1995 Opemting Budget Reserve for Contingencies re supporting the Commonweafth's Aftorney's Victim-Witrw" Program, to continue the existing grant position; and, increase the FY 1994-95 estiffmted revenues from the Commonwealth accordingly. 6. Ordinanoe to authorize the City Manager to TRANSFER $500 from the Water and Sewer Fund Reserve for Contingencies to reimburse a Public Utilities Employee for legal fees incurred in his defense of charges brought against him arising out of the perfbrmance of his official duties. H. ORDINANCE 1 . Ordinanos to TRANSFER $1,700,000 from Schools Renovations and Rep ts (Project 1-058) to Ocean Lakes High School (Project 1-010) and Larkspur Middio School (ProiW 1-053) re purchases necessary to open those schools in the Fall of 1994. (Deferred June 28, 1994) 1. APPOINTMENTS EROSION COMMISSION FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORICAL REVIEW BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER-REGIONAL GROUP HOME COMMISSION TIDEWATER TRANSPORTATION DISTRICT COMMISSION VIRGINIA BEACH CRIME TASK FORCE VIRGINIA BEACH TOWING ADVISORY BOARD J. UNFINISHED BUSINESS K. NEW BUSINESS I WETLAND BANKING SYSTEM PRESENTATION Ha-ld Jones, Army Corps of Engineers Richard Neftleton, Public Works/Engineering L. ADJOURNMENT If YOu arG Physically disabled or visually Impaired and need assiStW" at this meeting, P@ call the CITY CLERK'S OFFICE at 427-4303 Hearing Impaired, call: TDD only 427 (TDD - Telephonic Device for the Deao 6/30/94/bap ENDA\7-5-94.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 5, 1994 MaYor MeYera E. Oberndorf called to order the CITY @AGERS BRIEF,(NGS to the l,7RGINL4 B CH CITY COUNCIL in the Council Cha-ber, City Ha NF-4 11 Building, On TuesdaY, July 5, 1994, at 12:00 OON. Council Members Present: John A. Baum, Linwood 0. Branc,% III, Robert K Dea,, William W Harrison, Jr, Barbara M HenleY, Louis R Jones, John D Moss, Myor Meyera E. Oberndorf Na,,cy K Parker, Pice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Absent.- None Vice MaYor &uoms, being a CorPOrate Officer of Central Fidelity Bak, disclosed there were no matters - the agenda in which he has a '@ersonal interest", as defined in the Act, either individually or in his capacity - - officer of Central Fidelity Bank 7he Vice MaYOr regularly makes this Disclosure ay he -Y - -Y not know of the Bank's interest in any application that may come before City CounciL rice May- Sesso-' letter of July 5, 1994, is hereby nwde a part of the record. 2 CITY MANAGER'S BRIEFING HURRIC4NE PROTECTION ITEM # 38172 12.00 NOON Carl Thoren, P.E., Beach Management Engineer, presented information relative the Beach Erosion Control and Hurricane Protecdon. 77irough the use of slides, Mr. Thoren displayed an aerial view of the project area @ng north from Rudee Inlet. 7he project runs to 89th Street at Fort Story. 77tis is a joint cooperative effort between the City and the Federal Government. Ihe new SeawaU will end at 58th Street. From 58th Street north the existing dune system and beach berm will be reinforced with additional sand, where necessary. 7he new boardwalk will end at 40th Street. 7he existing boardwalt and seawall has deteriorated significantly since it was originally constructed. 7he new project will carry the stormwater offshore below the surface of the Beach. Hurricane Hugo hit the South Carolina coast in 1989, and did an estimated $7-BILLJON in damage to Charleston and surrounding communities. in the last ten years, four hurricanes could have hit our City: Diana, Gloria, Charlie and Bob. In 1989, the Corps proposed plans for a new SeawaU from Rudee Inlet to 58th Street.- (a) Concrete step- faced waU with the wall extending to an elevation 15.7-foot above mean sea level (b) Vertical Sheet pik wall. 77te wall v.,ould also extend abave the boardwalk providing visual obstruction for those facilities on the west side of the existing boardwalk After briefing the City Counci4 the HotellMotel Association and various Civic Leagues, it became obvious t.here were too many objections to the proposal. In October 1991, the Corps agreed to reevaluate their position. From 1991 to 1993, working with the City of Virginia Beach Staff and with input from outside special interest groups, the Corps devised a new plan 7'his Plan was presented to City Council in August 1993. 7his Plan entailed a new boardwalk constructed over the top of the existing boardwalk which will be integrated into the new wall. A person standing on the boardwalk or behind the boardwalk would not see a wall rising up in front of them. Ihis new structure will be at ekvation 13.5 fee4 which is over 2 feet lower than previously prcposed A wider beach will be constructed to make up for the difference in the wall height. 77ie previous plan did not call for any increase in the beach cross section from its present design. 7his plan calls for raising and widening the resort beach to a minimum elevation of nine feet above mean sea level and a minimum top width of 100 feet. This will be the beach berm or the kvel portion of the beach that extends out from the seawall. It will gradually slope to the water at approximately "20-to-I " very flat slope. At mean tide, %ith this desigrL there will be roughly 300 feet of beach width. 7his is a steel sheet pile design with a concrete cap. On easels behind City Counci4 architectural renderings were displayed of the Plan. All access points will be designed in accordance with Americans with Disabilities' Standards and fully accessible. Mr. Thoren showed a slide illustrating a Pedestrian P@ at the southend of Rudee Inlet. At @ north end of 58th Street, the dunes will be reinforced and the beach berm will be augmented wherever necessary. 7he slide depicted a dune elevation of 18 feet above mean sea level, with the berm width being the same width as the south end: 100 feet wide and an elevation of 9 feet. 7he sand for the project will come from offshore and pumped up onto the beack as opposed to the present method of hauling sand in trucks. Approximately 5-MiUion cubic yards of sand would be placed on the beach for the initial construction. 77te Corps is focusing on Lhe east end of the 7himble Shoals ChanneL 7he Staff has e.xpre,ssed concerns to the Corps and will be examining areas east of the Virginia Beach project area, Which may be closer and reduce the project cost. 7he minimum number ofproposed cross -over structures at the dunes, depicted in an architectural rendering, will be nine and fidly accessible. 7hese will be evenly spaced between 58th and 89th Street. Last August, the total project cost was cited at approximately $80-MILLION with the City's share being $28-MILLION- July 5, 1994 - 3 - CITY MANAGER'S BRIEFING HURRICA)VE PROTECTION ITEM # 38172 (Continued) Mr. Thoren advised Developments since August 1993: Energy and Water Development Appropriadons Ae4 1994, Passed - October 1993. Appropriate funds in the amount of $2-MILLION for preconstruction engineering and design. DRAFT General Revaluation Report distributed to all affected agencies for review and comment - October 1993 City comments on DRAFT General Revaluation Report - December 1993 Issue Resolu@n Conference - March 1994 Pumped vs gravity ocean outfall Participation in North Beach Storm Drainage Project Guidance Memorandum issued - April 1994 Corps agrees to cost share in pumped discharge of stormwater - g),-ity- Corps will not participate in North Beach Storm Drainage at this time. Draft Environment Assessment issued for review - April 1994 Letter from the City to Corps dated May 13, 1994, supporting the recommended plan in the General Reevaluation Report, but held open for further discussion the area of the North Beach and less @rtant items ie, the construction schedule. Final General Reevaluation Report and Environmental Assessment issued and forwarded to Assistant Secretary of the Army for approval June 1994. North Atlantic Division endorses General Reevaluation Report and forwarded to the Office of the Chief of Engineers - June 1994. PROPOSED MILESTONES Begin Public Information Coordination July 1994 Cmnplete Draft Local Cooperation Agreement December 1994 Complete Public Information Coordination July 1995 Begin Real Estate Acquisition September 1995 Begin preparation of Contract documents April 1996 Complete preparation of Contract Documents July 1996 City signs Local Cooperation Agreement July 1996 Complete Real Fstate Acquisition August 1996 Complete advertisement andaward of Contract Augustl996 Begin construction September 1996 Complete construction March 1999 Because the Corpy has agreed to the pumped discharge instead of gravity, the total project cost has increased by $12-MILLION for a total proje(@t cost of $92-MILLION. 77ie City @ share has risen to $32.2-MILLION. July 5, 1994 - 4 - CITY MANAGER'S BRIEFING HURRICANE PROTECTION ITEM # 38172 (Continued) Mr. 7horen advise-d this is a 50-year project. A part of the project includes the Corps participation in the periodic renourishment of this new constructed beach. 7he current plan for nourishment is a three - @r cycle @ an ed cost of ap@mately $5.2-MILLION, of which the City's share is $1.8- WLL[ON. Mayor Oberndo?f expressed appreciation for the excellent report and interjected provisos. 7he North Beach Civic League had advised satisfaction of their Beach and do not in any way, shape or form desire cost participadon, in order to make this project a reality. Any construction during the historical tourw season is @ssible. 77iis would be puffing Kirginia Beach "out of business" for an entire season. July 5, 1994 - 5 - CITY MANAGER'S BRIEFING SHORE D@ SAFETY GRANT ITEM # 38173 1:10 P.M. John Herzke, City Engineer, advZW last January, the City was nwde aware of ISTEA ftinding available. Applications were sulvniued for a hazard elimination projed for Shore Drive in the amount of $550 000. As a side issue, an application was submitted for the EucUd rail grade crossing for $50,000. Mr. Scott Hollis of the Irirginia DiTartment of Transportation advised the City was successful regarding Shore Drive. $500,000 will be received for construction items and $50,000 earmarked for design efforts. 7he City is obligated to a 10% match of those grant douars. Those funds are being identified and will be sch@ed for the City Council Session of July 12, 1994. Once same has been approved by City Counci4 the City Staff will begin a selection process of a ConsuUant Engineering firm for this project. 7he area of Shore Drive encompasses the West Gate of Fort Story down near the Seashore State Park, back around the back side of Fort Story and over to 83rd Street. A number offatal accidents andpersonal injuries have occurred here over the years. 7he consultant will be tasked with the responsibility of devising recommendations for iinprovements utilizing the $500,000 to enhance the safety of Shore Drive. Before construction activity commences, Staff will return to City Council with the specific details of the proposed improvements. 7he City staff estimates the entireproject will entail approximately a year. July 5, 1994 - 6 - ITEM # 38174 7'he City council RECESSED for lunch at ]:26 PM. Ju4 5, 1994 - 7 - FORMAL SESION VIRGINLI BE,4CH CITY COUNCIL July S, 1994 2:00 PM. Mayor Meyera E. Obemdorf called to order the FORMAL SESSION of the 1,7RGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 5, 1994, at 2:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branck III, Robert K Dean, Willzam W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent., None INVOCATION Dr Paul C Bailey Virginia Beach United Methodist Church July 5, 1994 - 8 - Item III-E.] CER77FIC,4TION OF EXECUTIVE SESSION ITEM # 38175 Certification was not necessary as no EXECUTIVE SESSION was held. July 5, 1994 9 MINUTES ITEM # 38176 Upon motion by vice Mayor Sessoms, seconded by Councilpnan Branck City Council APPROVED the Minutes of the INFORMAL AND FORAL4L SESSIONS of June 28,1994. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Nancy K Parker and Louisa M. Strayhorn Council Members Absent: None Councilwoman Parker ABSTAINED as she was not in attendance during the City Council Session of June 28, 1994. Councilwoman Strayhorn ABSTAINED as she was not a Member of City Council on June 28, 1994. July 5, 1994 - 10 - Item III-F.2 PAOCL4m4TlONs ITEM # 59177 ADD-ON Mayor Oberndorf PPESENTED PROCLAMATIONS in recognition of unselfish dedication to the following Council Members: ROBERT W. CLYBURN Council Member Kempsville Borough 1990 - 1994 JAMES W. BRAZIER, JR. Council Member Lynnhaven Borough 1990 - 1994 PAUL J. LANTEIGNE Council Member Pungo Borough 1990 - 1994 7?te PROCLAAL4TIONS proclaimed, on behalf of all citizens, a very sincere expression of the deepest gratitude for service. July 5,1994 - 11 - AL4YOR'S PRESENTATIONS ITEM # 38178 MaYOr Oberndorf introduced the following Boy sot , attendance during the City Council Session to earn his merit badge: TROOP 996 Geoffrey Harper July 5, 1994 13 - CONSENT AGENDA ITEM # 38i8o UPO" -ii- by 7,ce Mayor S-soms, seconded by Counc'l Lady Parker, City Council ADOPTED.- ,R-olution to appoint Patricia A. Holt and Lawrence S. Spcncer as Assistant City AiTorneys. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Bra,,c/4 III, Robert K Dea?L William W. Harrison, Jr., Barbara m HenleY, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. @';essoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Meynbers Absent.- None July 5, 1994 I A RESOLUTION APPOINTING PATRICIA A. 2 HOLT AND LAWRENCE S. SPENCER AS 3 ASSISTANT CITY ATTORNEYS 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That pursuant to 5 2-166 of the City Code, Patricia A. 7 Holt and Lawrence S. Spencer are hereby appointed as Assistant City 8 Attorneys. 9 Adopted by the Council of the City of Virginia Beach, 10 Virginia, on the 5th day of July 1994. 11 CA-5639 12 ORDIN\NONCODE\APPOINT.RES AWROVED-A,S@ 13 R-1 LMAL SUFFICIE!@CY 14 PREPARED: 06/29/94 - 14 - Ite4n 111-G.2 CONSENT AGENDA ITEM # 38181 Upon motion by Irice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordfnance to "END and REORDAIN Section 31-2 of the Code of the C@ of Virginia Beaci; Virginia, re administration and enforcement of Chapter 31, giving authority for Waste Management code enforcement to the Departinent of Housing and Neighborhood Preservation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W Harrison, Jr, Barbara M Henley, Louis P- Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Kice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None July 5, 1994 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 31-2 OF THE CODE OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO ADMINISTRATION AND 5 ENFORCEMENT OF CHAPTER 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 31.2 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 31.2. Administration and enforcement of chapter. 11 The administration and enforcement of the provisions of this 12 chapter, including provisions for refuse collection throughout the 13 city, by both private contractors and the city, shall be the duty 14 of the department of public works and the department of housing 15 and neighborhood vreservation.- 16 Adopted by the Council of the City of Virginia Beach, Virginia 17 on the 5,b day of 19 94 . 18 CA-5632 19 Rl 20 JUNE 23, 1994 21 ORDIN\DATA\NONCODE\31.2\ORD COIRENTS URE DEPARIMEN-1 APPROVED AS TO LEGAL SUUICIENCY A@ORM CITY ATT."", 15 - CONSENT AGENDA ITEM # J8182 u -lion by rice Mayor sessoms, seconded by Concil Y Par r, Ci Council ADOPTED.- P- Lad ke ty Ordinance to AMEND and REORDAIN Sections 6-117 and 6-122 of the Code of the City of lrzrginia Beacj; V,,gii,, re beaches, boats and waterways. 77tis ordinance will be returned to City Council for further amendment concerning compliance to the .08 alcohol content as stipulated in the motor vehicle cde mendmen, Vodng: 11-0 Council Members Voting Aye: John A. Baum, LinwOOd 0. Branck III, Robert K Dean, William W. HarrisOn, Jr., Barbara M. Henley, Louis p, Jones, John D. Moss, Mayor Mey- E. Oberndorf, Nancy K Parker, vice Mayor William D. sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July 5, 1994 C- I AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 6-117 AND 6-122 OF THE CODE 3 OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO BEACHES, 5 BOATS AND WATERWAYS 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Sections 6-117 and 6-122 of the Code of the City of 9 Virginia Beach, Virginia, are hereby amended and reordained to read 10 as follows: 11 Sec. 6-117. Towing skiers or surfboarders without observer or 12 lif-e P mirror and without flotation device 13 prohibited. 14 (a) It shall be unlawful for any person to operate a motor 15 boat on any of the waters in this city for towing a person or 16 persons on water skis, surfboards or other similar devices, unless 17 (i) there is in such motor boat a person, in addition to the 18 operator, in a position to observe the progress of the person or 19 persons being towed, or the.vessel is eguipped with a 20 rear view mirror su ficient 21 ii @ each skier or surfboarder wears a 22 s!Ei belt U. S. Coast Guard approved Personal flotation device. 23 (b) A 1/2-lel Any per es this section shall 24 be panished by 25 guilty of a Class 4 misdemeanor. 26 . . . . 27 Section 6-122. Operating motor boat, vessel, water skis, etc., 28 while under inf luence of intoxicating beverages or 29 drugs. 30 (a) No person shall operate any watercraft or motorboat which 31 is underway (i) while such person has a blood alcohol concentration 32 ef- G.!9 per-eent er- nei-e by ifeight at or greater than the 33 blood alcohol concentration at which it is unlawful to drive or 34 operate a mo as indicated 35 by a chemical test administered in accordance with S6 1:2i?.l: ection 36 6-122.2, (ii) while such person is under the influence of alcohol, 37 (iii) while such person is under the influence f any narcotic drug 38 or any other self-administered intoxicant or drug of whatsoever ination of such intoxicants or drugs or (iv) 39 nature I or any comb 40 while such person is under the combined influence of alcohol and 41 any drug or drugs, to a degree which impairs his ability to operate 42 the watercraft or motorboat safely. 43 (b) No person shall operate any watercraft or motorboat which 44 is underway during any period for which such person has been 45 ordered not to operate a watercraft or motorboat pursuant to i 46 sction 29.1-738 or g section 29.1-738.4 of the Code of virginia, 47 or g section 6-122 or S sction 6-122.4 of this code, or similar 48 ordinances of any county, city or town. 49 (c) For purposes of this article, the word "operatell shall 50 include being in actual physical control of a watercraft or 51 motorboat and "underway-' shall mean that a vessel is not at anchor, 52 or made fast to the shore, or aground. 53 Any person who violates any provision of this section shall be 54 guilty of a Class I misdemeanor. 55 . . . . 56 Adopted by the Council of the city of Virginia Beach, 57 Virginia, on the 5th day of July 1994. 58 CA-5642 59 R-2 60 JUNE 29, 1994 61 ORDIN\DATA\NONCODE\6-117ET.ORD 2 - 16 - Item 111-G.4. CONSEA'T AGENDA ITEM # 38183 Upon motion by Vice Mayor Sessomu, seconded by Council Lady Parker, City Council ADOPTED. Ordinance to APPROPRL4TE $69,089 in ad,*ttonal revenues from the Virginia Dt;partment of Corrections FY 1993-1994 Operating Budget to support the Community Diversion Initiative Program; anz4 FY 1993- 1994 estimated revenues from the Commonwealth be increased accordingly. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancik III, Robert K Dear4 William W Harrison, Jr, Barbara M Henley, Louis R Jones, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, trice Mayor 14rilliam D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent.- Non e July 5, 1994 AN ORDINANCE TO APPROPRIATE $69,089 IN ADDITIONAL REVENUES FROM THE VIRGINIA DEPARTMENT OF CORRECTIONS TO SUPPORT THE COMMUNITY DIVERSION INITIAT[VE PROGRAM 1 WHEREAS, the Community Diversion lnrdative Program is a state grant program whose funding is 2 based upon the number of state inmates diverted from incarcerabon, and 3 WHEREAS, the Virginia Department of Correcbons has increased the grant funding for this 4 program due to increased numbers of clients served by the Virginia Beach Program. 5 NOW THEREFORE BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF %ARGINLA 6 BEACH, VIRGINIA, that $69,089 in addifional revenues from the Virginia Department of Correchons be 7 appropriated in the FY 1993-94 Operabng Budget to support the Community Diversion lnifiative Program. 8 BE IT FURTHER ORDAINED, that FY 1993-94 estimated revenues from the Commonwealth be 9 increased by $69,089 to reflect the increased grant amount. 10 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of Jul y1994. APPROVED AS TO LEGAL SUFFICIENCY CRW-C XOBN%CDI ORD - 17 - Ite,m III-G.5. CONSENT AGENDA ITEM # 38184 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED. Ordinance to ACCEPT and APPROPRL4TE a $28,852 Grant from the State Depart)nent of Criminal Justice and TRANSFER $3,206 from the ,FY 1994-1995 Operating Budget Reserve for Contingencies re supporting the Commonwealth's Attorney's Victim-Witness Program, to continue the @ting grant position; an4 increase the FY 1994-95 esdmated revenues from the Commonwealth accordingly. Voting: 11-0 Council Members Voting Aye: John A Baum, Linwood 0. Branci4 III, Robert K Dean, William W. Harrison, Jr, Barbara M Hen@, Louis R Jones, John D Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July 5, 1994 AND APPROPRIATE A $28,852 GRANT FROM THE STATE DEPARTMENT OF AN OR NANCE TO ACCEPT $3.206 FROM THE FY 19W95 OPERATI UDGET RESERVE FOR VICTIM CRIMII LTH!S ATRORNEY'S CONI F @Dl@G SUPPORT TO THE COMMONWEA WTNESSPROGRAM I WHEREAS, this is the fourth year the City has received a grant from the State Department of 2 Criminal Justice to support 8)Listng services wfthin the Commonwealth's Attorney's Vicdm vvdness program, 3 WHEREAS, these funds are being used pdmadly to support the e)dstng posibon of victim VVitness 4 @istant, and 5 WHEREAS, this grant requires a 10% city match 6 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CVTY OF %NRGINIA 7 BEACH, VIRGINIA, that the State DepaFtment of Cfiminal Jusbce grant for $28,852 be accepted and approphated 8 and that $3,206 be transferred from the FY i 994-95 operabng Budget Reserve for Contngencies to support the 9 Commonwealth's Attorney's Vicbm VVitness Program and to continue the exisfing grant posifion. 10 BE IT FURTHER ORDAINED, that the FY i 994-95 estmated revenues from the Commonwealth 11 be increased by $28,852 to reflect this grant. 12 AdoptedbytheCityCounCiloftheCityofVirginiaBeachonthe 5th of July 1994. CRW-C:\0895\CAVictim.ord - 18 - Ite,m III-CA CONSENT AGENDA ITEM # 38185 Upon motion by Irice Mayor Sessoms, seconded by Council Lady Parker, City COuncil ADOPTED: ordinance to authorize the City Ma-ger to @SFER $500 fiom the Water and Sewer Fund Reserve for Contingencies to reimburse a Public Utilities Employee for legal fees incurred in his defence of charges brought against him arising out of the performance of his official dutien. Voting: 11-0 Council members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert K Dean, Willia- W Harrison, Jr., Barbara M. Henley, Louis P- Jones, John D. Moss, MaY- Meyera E. Oberndorf, Nancy K Parker, ;-ice Mayor William D. Sesso-, Jr. and Louisa M. Strayhorn Council Members Voting NaY: None Council Members Absent: None July 5, 1994 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 TRANSFER FUNDS IN THE AMOUNT OF $500.00 FROM 3 THE WATER AND SEWER FUND RESERVE FOR 4 CONTINGENCIES FOR THE PURPOSE OF REIMBURSING A 5 PUBLIC UTILITIES EMPLOYEE FOR LEGAL FEES 6 INCURRED IN HIS DEFENSE OF CHARGES BROUGHT 7 AGAINST HIM ARISING OUT OF THE PERFORMANCE OF 8 HIS OFFICIAL DUTIES 9 WHEREAS, a Virginia Beach Public Utilities employee was 10 charged with assault and battery for actions arising out of the 11 performance of his official duties; 12 WHEREAS, this charge against the employee was heard and 13 dismissed by the Virginia Beach General District Court on April 13, 14 1994; 15 WHEREAS, in the defense of said charges the employee 16 incurred legal fees in the amount of $500.00, and has requested the 17 City to reimburse him for such fees; 18 WHEREAS, Section 15.1-19.2:1 provides that 11[i)f any 19 officer or employee of any county, city, or town shall 20 be ... prosecuted on any criminal charge arising out of any act 21 committed in the discharge of his official duties, and... the charge 22 is subsequently dismissed or upon trial he is found not guilty, the 23 governing body of the county, city, or town may reimburse legal 24 fees and expenses incurred by him in the defense of 25 the... charges .... "; and, 26 WHEREAS, the City Attorney's office has reviewed the 27 circurastances of the case and assessed the itemized bill submitted 28 by the employee's legal counsel and has determined that the legal 29 fees incurred by the employee are reasonable. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 That the City Manager is hereby authorized to transfer 33 funds in the amount of $500.00 from the Water and Sewer Fund 34 Reserve for Contingencies for the purpose of reimbursing a Public 35 Utilities employee for legal fees incurred by him in his defense of 36 a criminal charge brought against him arising out of the 37 performance of his official duties. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia on this Fif th day of July 1994. 40 CA-5621 41 DATA\ORDIN\FEESPU.ORD 42 R-2 43 PREPARED 6/22/94 AF-r,?OVED AS TO LEGAL 2 - 19 - Item III-H.I. ORDEVANCE ITEM # 38186 Upon motion by Trice Mayor Sessona, seconded by Council Lady Strayhorn, City Council ADOPTED, AS "ENDED. Ordinance to TRANSFER $1,700,000 from Schools Renovations and Replacements (Project 1-058) to Ocean @s High School (Project 1- 010) and Larkspur Middle School (Project 1-053) re purchases necessary to open those schools in the Fall of 1994 *Impact aid funds abave $3-MILLION and reversion funds shau be utiuzed for replacement of the $1,700,000 Transfer. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W. HarrOon, Jr., Barb,7ra M. lienley, bouis R Jones, Mayor Meyera G. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: John D. Moss Council Members Absent.- None Councibnan Moss DISCLOSED pursuant to Section 21-639.14(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. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made apart of the record. July 5, 1994 1 AN ORDINANCE TO TRANSFER $ 1,700,000 TO OCEAN LAKES AND 2 LARKSPUR SCHOOL CAPITAL PROJECTS FROM SCHOOLS 3 RENOVATIONS AND REPLACEMENT CAPITAL PROJECT 4 WHEREAS, the School Division has determined that appropriations within the current capital 5 projects for Ocean Lakes High School and Larkspur Middle School are insufficient to complete equipment 6 and furniture purchases necessary to open those schools in the fall of 1994; 7 WHEREAS, the needed additional funding is $1,200,000 for Ocean Lakes and $ 500,000 for 8 Larkspur, for a total of $1,700,000; 9 WHEREAS, the School Division has determined that adequate funds wil be available in FY 10 1994-95 in the Renovations and Replacement project to allow work to move forward on scheduled 11 renovations while transferring $ 1,700,000 to the Ocean Lakes and Larkspur projects. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That funds in the amount of $ 1,700,000 in FY 1 994-95 are hereby transferred as shown below to 16 proceed with completing equipment and furniture purchases for Ocean Lakes High School and Larkspur 17 Middle School: 18 Tr,n--ff,r Tn- 19 Project 1-010 Ocean Lakes High School $ 1,200,000 20 Project 1-053 Larkspur Middle School rloo C)t)O 21 TOTAL s 1 700 000 22 Trangfer Frnm- 23 Project 1-058 Renovations and Replacements -t 1 700 000 24 TOTAL $ 25 This ordinance shall be effective on the date of its adoption. 26 JA 5 h ulopted by the Council of the City of Virginia Beach, Virginia on the t day of 27 y 1994. 28 Approved as to Content: 29 30 - 20 - Item Ill-Ll. APPOIAITMEATS ITEM # 38187 BY CONSENSU@ City Council P.ESCHEDULED the following APPOINTMENTS: EROSION COMMISSION FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORICAL PEp7EW BOARD SOCL4L SERVICES BOARD 77DEWATER COMMUNITY COLLEGE BOARD TIDEWATER-REGIONAL GROUP HOME COMMISSION TIDEWATER TR4NSPORTATION DISTRICT COMMISSION VIRGINL4 BF,4CH CRIME TASK FORCE 1,7RGINIA BF,4CH T047NG AD"SORY BOARD July 5,1994 - 21 - CITY MANAGER'S BRIEFING ELECTORAL PLAN 3:12 PM. ITEM # 38188 Leslie L. Lilley, City Attomey, distributed an Election System Overview: Qs and A "s, Our Electoral System and a Summary of Newspaper Articles on Reapportionment (September 1991 - July 1994). Said infonnation is hereby made a part of the record. On March 1, 1994, by order of the Circuit Court, a specid election was called for May 3, 1994, to propose to the voters the following question: "Should City Council request the General Assembly to amend the City's existing councibnanic electoral plan to provide for division of the City into seven (7) districts of approx@tely equal population, with seven (7) members to be ekcted only by the voters of their respective districts, and three (3) members and the Mayor to be elected by and from the City at @e? " Ihis was the concept advanced by the Council of Civic Organizations. 7his is a 7 district - 4 At-Large PLan (a Ward Plan). 77te question was supported by approximately 53% of the voters in the May election. Mr. Lilley displayed a map outlining the specific plan presented by the CCO, with 7 equally populated distncts (CenterpHle, Kempsville, Timberlake, Lynnhaven, Bayside, Beach Great Neck and Princess Anne). Voters approved the concept which is contained in the question. 7he Plan and the particular boundaries were not before the voters. It is the concept that was approved, not the specific Plan. 77ie City Council is not tied to this Plan. 7he Referendum is advisory only in so far ay the law is concerned nether to change our electoral system under present facts is a political question. If there is a decision to change the electoral system, the Plan to be chosen, as well as whether to change it, is a political decision. Ihe City Auomey was requested to provide copies of the State Law "lative residency requirements and a copy of the Commonwealth's Attorney's ruling re interpretation of residency. 7his item was RESCHEDULED from the City Manager's Briefing section to the FORMAL SESSION. July 5, 1994 - 22 - Ite,m III-KI, NEW BUSINESS ITEM # 38189 NE77ANDS BANKING Richard Neuteton, Public WorkslEngineering, and Harold Jones - Army Corps of Engineers, advised the City must mitigate unavoidable @cty to wetlands caused by the iinplementation of the Capital Improveinent Program whenever the @cts exceed allowable levels established by either state or federal regulations. Where on-site mitigation of the wetland i"cts is not practicable or where the effectiveness of on-site mitigation is questionable, the City must acquire properly suitable to the creation of cornpensatory mitigation. A Wetland Banking Systen; within various watersheds to facilitate compensation for any CIP generated wetland b"cts, is proposed. 7he Wedand Banking System is appraved for use as a mitigation measure in accordance with the Council on E@ronmental QualitY Regulations (40 CFR 1508.20). Eytablishment of a Wedand Banking System will pravide assurance to the State and Federal Wetlands permiuing agencies that adequate compensatory mitigation is in place prior to the occurrence of the wetland &"cts during @ecution of our CIP. 7he Wedand @ng System concept was initially presented to Council on April 14, 1992, as an information packet to highlight efforts by staff in establishing a Memorandum of Agreement (MOA) for a Wetland Banking System. Wedand Banking is compensatory mitigation tO onsite mitigation requirements. A Bank is based on the establishment of credits by restoration or creation of wetlands. 7?ie Staff is examining a regulatory process to determine the debits that will be made to that bank Mr. Nettleton advised the following definition: BANK - Wetland restoration or creation undertaken expressly for the purpose of providing compensation for wetland losses from authorized City construction activities. It includes only actual wetland restoration or creation established prior to @cting another wetland as Part of a credit program. Credits for existing wetland functions may then be withdrawn from the bank to compensate for future individual wetland b"cts. BANK SITE - Property d-ignated -pr-ly for wetland restoration or creation for the purpose of providing compensation for wetland loses from future construction activities. A bank site becomes a bank when the bank success criteria are met, thereby making credits available for withdrawaL WETLAND - Areas inundated or saturated. 7he key operative words are frequency and duration of inundation, as well ay the criteria to support a prevalence of vegetation typically adapted for life in saturated soil conditions. Mr. Nettleton outlined the Benefits of Wetland Banking: 1. Effective and adequate compensatory mitigation that is in- place prior to unavoidable wetland im@cts. 2. Comprehensive rather than fragmented compensatory mitigation. 3. Larger, easily managed, higher quality wetlands sites rather than numerous small sites. 4. improved regulatory agency coordination. 5. Faster mitigation review may reduce permit evaluation times. 6 Ensure successful wetlandy compensation. July 5, 1994 - 23 - Item III-K 1. NEW BUSINESS ITEM # 38189 (Continued) 7he Mitig@n Review Tean4 consists of a group of representatzves from the following organizations: U.S. Army Engineer Norfolk Distnct corps U.S. Environmental Protection Agency U.S. Fish and Wddfife Service Nadonal Marine Fisheries Serpices Vwginia Department of Environmental Quality V@nia Dgpartinent of Game and Inland Fisheries V@nia Marine Resources Commission Virginia Insfitute of Marine Science City of Vwginia Beach 7he perpetual conservation easement is held by an independent third party and shall conserve perpetually the mitigation bank site. 7he conservation easement shall run with the land and become included in the deeds, conveyance or transfer or grant documents. 77ie conservation easement shall outline expressly the limitation of the @s contained within the mitigation bank. 7he Creeds Site, owned by the City, has been selected as the prototype site to be utilized 7he Staff is currently examining thirty-five (35) acres of this site with the cost for developing estitnated at approximately $507,900 ($14 511 per acre). Current costs range anywhere fiom $1 10,000 to $370,000 per acre. Exa-Ples of studies relative this concept will be provided to City CounciL A breakdown will be provided -lative upland hydric soils, swamp and nwrshlands. Fxamplev of mitigation areas within the City concerning successes and failures will be provided. 7he CitY Manager will SCHEDULE a Workshop relative this con(7ept of WedandN Banking. July 5, 1994 - 24 - Item III-K2. NEW BUSINESS ITEM # 38190 Mayor Oberndorf reminded City Council Members of the Planned Workshop (Council Retreat) August 5 and 6, 1994. July 5, 1994 - 25 - ITEM # 38191 Mayor Meyera E. Obemdorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1 -344, Code of Virginia, as amendei4 for the following purposes (5:05 P.M.): PFRSONNFI, MA77ERS: Discussion or consideration of or interviews of prospective candidates for employmen4 assignmena appointment, promotioy; performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to ;ection 2-1-344 (A) (1). Appointments: Boards and Commissions: Erosion Commission Francis Land House Board of Governors Hampton Roads Planning District Commission Historical Review Board Social Services Board Tidewater Community College Board Tidewater-Regional Group Home Commission Tidewater Transportation District Commission Virginia Beach Crime Task Force lrtrginia Beach Towing Advis()ry Board Water Task Force PUBLICLY-HELD PROPERTY.- Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3)- To-Wit: Acquisitionll)isposition - Harbor Point Drive lrirginia Beach Borough LEGAL UA 7TFRS. Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal mauers requesting the provisions of legal advice by counsel pursuant to Section 2.1-344(A)(7)- To-Wit: Lake Gaston Briefing PROSPECT11E BUSINESS OR INDUSTRY.- Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to Section 2.1-344 (A) (5). Upon motion by rice Mayor Sessoms, seconded by Councibnan Branck City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Meynbers Voting Aye: John A. Bawn, Linwood 0. Brancl; III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis k Jones, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker, Kce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July 5, 1994 - 26 - ITEM # 38192 Mayor MeYera E. Ob-dorf RECONVENED the FORMAL SESSION of the T,7RGINL4 BE,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 5, 1994, at 7.-10 P.M. Council Members Present: John A. Baum, Linwood 0. Branc,% Ill, Robert K Dea?4 William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Kice Mayor William D. Sessotm, Jr. and Louisa M. Strayhorn Council Members Absent.- None July 5, 1994 - 27 - Ite,m Ill-L.I. CER77FIC,4TION OF EXECUTIVE SESSION ITEM # 38193 Upon motion by Vice Mayor Sessonu, seconded by Councibnan Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfidly exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, OWy such public business matters 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 0. Branck III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis P- Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wzlliam D..Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July 5, 1994 CERTIFICATION OF EXECUTIIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affnmative vote recorded in nEM # 38919, Page No. 25, and in accordance with thc provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of thc Code of Virginia requires a certirication by the goveming body that such Executive Session was conducted in confonnity with Virginia law. NOW, THEREFORE, BE rF RESOLVED: Tlat the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public busincss matters lawfully exempted from Open Mceting requircments 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 July 5, 1994 - 28 - item iii-M.I. ADJOURNMENT ITEM # 38194 Mayor Oberndorf DECLAPED the Meeting ADJOURNED at 7:14 P.M.. Beverly 0. Hooks, CMC Chief Deputy City Clerk -------------------------- Ruth Hodges &nitk CMCIAAE Meyera E. Oberndorf City Clerk Mayor City of lrtrginia Beach Virginia July 5, 1994 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 5, 1994 Mayor Meyera E. Oberndorf called to order the CITY MA)VAGER IS BjuEFINGS to the VIRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 5, 1994, at 12:00 NOON Council Members Present.- John A. Baum, Linwood 0. Branc,% III, Robert K Dear4 William W Harrison, Jr., Barbara M. Henley, Louis R- Jones, John D. Moss, Mayor Meyera E. Obern&)rf, Nancy K Parker, Vice Mayor William D. Sessos, Jr. and Louisa M. Strayhorn Council Members Absent,- None P-Ice Mayor Ses-ms, being a Corporate Officer of Central Fidelity Bank disclosed there were no matters the, agenda in which he has a '@ersonal interest", as defined in the Act, either individually or in his cap-ity - an officer of Central Fidelity Bank. 7he Vice Mayor regularly makes this Disclosure as he -aY or maY not know of the Bank's interest in any application that may come before City CounciL Vice MaYor Sessoms' letter of July 5, 1994, is hereby made a part of the record. - 2 - CITY MANAGER'S BRIEFING HURRICANE PROTECTION ITEM # 38172 12:00 NOON Carl Thoren, P.E., Beach Management Engineer, presented information relative the Beach Erosion Control and Hurricane Protection. 7hrough the use of slides, Mr. Thoren displayed an aerial view of the project area @ng north from Rudee Inlet. 7he project runs to 89th Street at Fort Stoly. 7his is a joint cooperative effort between the City and the Federal Government. Ae new Seawafl will end at 58th Street. From 58th Street north the existing dune system and beach berm will be reinforced with additional sand, where necessary. The new boardwalk will end at 40th Street. 77te @ting boardwalk and seawall has deteriorated significantly since it was originally constructed 77ie new project will carry the stormwater offshore below the surface of the Beach. Hurricane Hugo hit the South Carolina coast in 1989, and did an esti?nated $7-BILLION in damage to Charleston and surrounding communities. In the last ten years, four hurricanes could have hit our City: Diana, Gloria, Charlie and Bob. In 1989, the Corps proposed plans for a new SeawaU from Rudee Inlet to 58th Street.- (a) Concrete step- faced wall with the wall extending to an elevation 15.7-foot abave mean sea level (b) Vertical Sheet pile wall. 7he wall would also extend above the boardwalk providing visual obstruction for those facilities on the west side of the existing boardwalk. After briefing the City Counci4 the IlotellMotel Association and variouv Civic Leagues, it became obvious there were too many objections to the proposal. In October 1991, the Corps agreed to reevaluate their position. From 1991 to 1993, working with the City of Virginia Beach Staff and with input from outside special interest groups, the Corps devised a new plan. 7his Plan was presented to City Council in August 1993. 7his Plan entailed a new boardwalk constructed over the top of the @ting boardwalk which will be integrated into the new wall. A person standing on the boardwalk or behind the boardwalk would not see a wall rising up in front of them. 7his new structure will be at ekvadon 13.5 fee4 which is over 2 feet lower than previously proposed A wider beach will be constructed to make up for the difference in the wall height. Ihe previous plan did not call for any increase in the beach cross section from its present design. 7his plan calls for raising and widening the re,sort beach to a minimum elevation of nine feet above mean sea level and a minimum top width of 100 feet. 7his will be the beach berm or the level portion of the beach that extends@ outfrom the seawall. It will gradually slope to the water at appraximately "20-to-I " very flat slope. At mean tide, with this design, there will be roughly 300 feet of beach width. 7his is a steel sheet pile design with a concrete cap. On easels behind City Council, architectural renderings were displayed of the Plan. All access points will be designed in accordance with Americans with Disabilities' ,;tandards and fully accessible. Mr. Thoren showed a slide illustrating a Pedestrian P@ at the southend of Rudee Inlet. At the north end of 58th Street, the dunes will be reinforced and the beach berm will be augmented wherever necessary. 77ie slide depicted a dune elevation of 18 feet above mean sea level, with the berm width being the same width as the south end: 100 feet wide and an elevation of 9 feet. 7he sand for the project will come from offshore and pumped up onto the beaci; as opposed to the present method of hauling sand in trucks. Appraximately S-Miflion cubic yards of sand would be placed on @ beach for the initial construction. 7he Corps is focusing on the east end of the 7-himble Shoals Channel. Ihe Staff has expressed concerns to the Corps and will be examining areas east of the Virginia Beach project area, which may be closer and reduce the project cost. 7he minimum number ofproposed cross -over structures at the dunes, depicted in an architectural rendering, will be nine and fully accessible. 7hese will be evenly spaced between 58th and 89th Street. Last August, the total project cost was cited at approximately $80-MILLION with the City's share being $28-MILLION. July 5, 1994 - 3 - CITY MANAGER'S BRIEFING HUJWCANE PROTECTION ITEM # 38172 (Continued) Mr. @ren advised Developments since August 1993: Energy and Water Development Appropriadons Act, 1994, Passed - October 1993. Appropriate funds in the amount of $2-MILLION for preconstruction engineering and design. DRAFT General Revaluation Report distributed to all affected agencies for review and comment - October 1993 City comments on DRAFT General Revaluation Report - December 1993 Issue Resolution Conference - March 1994 Pumped vs gravity ocean outfall Participation in North Beach Storm Drainage Project Guidance Memorandum issued - April 1994 Corps agrees to cost share in pumped discharge of stormwater vs. gravity. Corps will not participate in North Beach 5torm Drainage at this time. Draft Environment Assessment issued for review - April 1994 LeUer fiom the City to Corps dated May 13, 1994, supporting the recommended plan in the General Reevaluation Report, but held open for fiirther discussion the area of the North Beach and less important items ie, the construction schedule. Final General Reevaluation Report and Environmental Assessment issued and forwarded to Assistant Secretary of the Army for approval June 1994. Alorth Atlantic Division endorses General Reevaluation Report and forwarded to the Office of the Chief of Engineers - June 1994. PROPOSED MILESTONES Begin Public Information Coordination July 1994 Complete Draft Local Cooperation Agreement December 1994 Complete Public Information Coordination July 1995 Begin Real Fstate Acquisition September 1995 Begin preparation of Contract documents April 1996 Coinplete preparation of Contract Documents July 1996 City signs Local Cooperation Agreement July 1996 Complete Real Estate Acquisition August 1996 Complete advertisement and Award of Cc)ntract August 1996 Begin construction September 1996 Complete construction March 1999 Because the Corps has agreed to the pumped discharge instead of gravity, the total project cost has increased by $12-MILLION for a total project cost of $92-MILLION. 77te City's share has risen to $32.2-MILLION July 5, 1994 - 4 - CITY MANAGER'S BRIEFING HURRICANE PROTECTION ITEM # 38172 (Continued) Mr. @ren advised this is a 50-year project. A part of the project includes the Corps participation in the periodic renourishment of this new constructed beacil 7he current plan for nourishment is a three - year cycle with an e@ed cos( of appr@mately $,5.2-MILLION, of %*ich (he City's share is $1.8- MILLION. Mayor Oberndorf expressed appreciation for the excellent report and interjected provisos. 7he North Beach Civic League had advised satisfaction of their Beach and do not in any way, shape or form desire cost patticipadon, in order to make this project a reality. Any construction during the historical tourist season is @ssible. 77iis would be putting Virginia Beach "out of business" for an entire season. July 5, 1994 - 5 - CITY MANAGER'S BRIEFING SHORE DRIVE SAFETY GRANT ITEM # 381" ]:10 P.M. John Herzke, City Engineer, advised last January, the City was made aware of ISTEA funding available. Applications were submittedfor a hazard elimination projectfor Shore Drive in the amount of $550,000 As a side issue, an application was submitted for the Euclid rail grade crossing for $50,000. Mr. Scott Hollis of the Virginia DiTartment of Transportation advised the City was successful regarding Shore Drive. $500,000 will be received for construcdon items and $50,000 earmarked for design efforts. 7he City is obligated to a 10% match of those grant doflars. 7hose funds are being identified and wiU be scheduled for the City Council Session of July IZ 1994. Once same has been approved by City Counci4 the City Staff will begin a selection process of a ConsuUant Engineering firm for this project. 7he area of Shore Drive encompasses the West Gate of Fort Story down near the Seashore State Park, back around the back side of Fort Story and over to 83rd Street. A number offatal accidents andpersonal injuries have occurred here aver the years. 77ie consultant will be tasked with the responsibility of devising recommendations for improvements utilizing the $500,000 to enhance the safety of Shore Drive. Before construction activity commences, Staff will return to City Council with the specific details of the proposed improvements. 77te City staff estimates the entire project will entail approximately a year. July 5, 1994 - 6 - ITEM # 38i 74 77te City Council P.ECESSED for lunch at ]:26 PM. July 5, 1994 - 7 - FORMAL SESION VIRGINL4 BF,4CH CITY COUNCIL July 5, 1994 2:00 P.M. Mayor Meyera E. Obemdorf called to order the FORMAL SESSION of the 1,7RGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 5, 1994, at 2:00 P.M- Council Members Present: John A. Bawn, Linwood 0. Branck Ill, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vzce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION.- Dr. Paul C. Bailey @irginia Beach United Methodist Church PLEDGE OF ALLEGL4NCE TO THE FL4G OF July 5, 1994 - 8 - CERTIFIC,4TION OF EXECUTIVE SESSION ITEM # 38175 Certification was not necessary as no EXECUTIVE SESSION was held. July 5, 1994 9 Itein III- F. 1. MINUTES ITEM # 38176 Upon motion by Vice Mayor Sessoms, seconded by Councibnan Branck City Council APPROVED the Minutes of the INFORAL4L AND FO SESSIONS of June 28, 1994. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% III, Robert K Dea?; William W Harrison, Jr., Barbara M. Henley, Louis P, Jones, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Nancy K Parker and Iouisa M. Strayhorn Council Members Absent.- None Councilwoman Parker ABSTAINED as she was not in attendance during the City Council Session of June 28, 1994, Councilwoman Strayhorn ABSTAINED as she was not a Member t)f City Council on June 28, 1994. July 5, 1994 - 10 - Item III-E2- PROCLAMATIONS ITEM # 38177 ADD-ON Mayor Oberndorf PRESENTED PROCLAMATIONS in recognition of unselfish dedication to the following Council Members: ROBERT W. CLYBURN Council Member Kempsvdle Borough 1990 - 1994 JAMES W. BRAZIER, JR. Council Member Lynnhaven Borough 1990 - 1994 PAUL J. L4NTEIGNE Council Member Pungo Borough 1990 - 1994 Ihe PROCL4MATIONS proclaimed, on behalf of all citizens, a very sincere expression of the deepest gratitude for service. July 5, 1994 - 11 - AL4YOR'S PRESENTATIONS ITEM # 38178 Mayor Oberndorf introduced the following Boy Scout in attendance during the City Council Session to earn his merit badge: TROOP 996 Geoffrey Harper July 5, 1994 12 - CONSENT AGENDA ITEM # 38179 UPO" -tion by P-ice Mayor Sessoms, seconded hy Council Lady Parker, City council APPROVED in ONE MOTION, Items -7, 2, 3, 4, 5 and 6 of the CONSENT AGENDA. Voting: 11-0 COuncil Members Voting Aye: JOhn A Baum, Linwood 0. Branc,% III, Robert K Deam William W. Harrison, Jr., Barbara M Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, rice Mayor william D. Sessona, Jr. and Louisa M. @trayhorn Council Members Voting Nay: None Council Members Absent: None July 5, 1994 13 - CONSENT AGENDA ITEM # 38180 UPOn -tion by Vice Mayor 5essoms, seconded by Council Lady Parker, City council ADOPTED: Resolution to appoint Pagricia A. Holt and Lawrence S. Spencer as Assistant City Attorneys. Voting: 11-0 Council Members Voting Aye: JOhn A. Baum, Linwood 0. Branck III, Robert K Deam William W. Harrison, Jr., Barbara M Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Non e Council Members Absent.- None July 5, 1994 1 A RESOLUTION APPOINTING PATRICIA A. 2 HOLT AND LAWRENCE S. SPENCER AS 3 ASSISTANT CITY ATTORNEYS 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That pursuant to S 2-166 of the City Code, Patricia A. 7 Holt and Lawrence S. Spencer are hereby appointed as Assistant City 8 Attorneys. 9 Adopted by the Council of the City of Virginia Beach, 10 Virginia, on the -5th day of July 1994. 11 CA-5639 12 ORDIN\NONCODE\APPOINT.RES AMFtOVED-KS-@ 13 R-1 LMAL SUFFICIFNCY 14 PREPARED: 06/29/94 - 14 - Item III-G.2 CONSEAIT AGENDA ITEM # 38181 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to "END and REORDAIN Section 31-2 of the Code of the City of Virginia Beaci; Virginia, re administradon and enforcement of Chapter 31, giving authority for Waste Management code enforcement to the D4Tartinent of Housing and Neighborhood Preservation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dean, William W. Harrison, Jr, Barbara M Henley, Louis P, Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None July 5, 1994 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 31-2 OF THE CODE OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO ADMINISTRATION AND 5 ENFORCEMENT OF CHAPTER 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 31.2 of the Code of the City of Virqinia Beach, 9 Virqinia, is hereby amended and reordained to read as follows: 10 Section 31.2. Administration and enforcement of chapter. 11 The administration and enforcement of the provisions of this 12 chapter, includinq provisions for refuse collection throuqhout the 13 city, by both private contractors and the city, shall be the duty 14 of the department of public works and the epartment 15 and n 16 Adopted by the Council of the City of Virginia Beach, Virginia 17 on the 5.1, day of 1994. 18 CA-5632 19 Rl 20 JUNE 23, 1994 21 ORDIN\DATA\NONCODE\31.2\ORD CO@ENTS -IEPARTMEN-, APPROVED AS TO LEGAL SLiUlCIENCY A@ORM CITY ATTORNEI 15 - CONSENT AGENDA ITEM # J810 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 6-117 and 6-122 of the Code of the City of Virginia Beac/4 rzrginia, re beaches, boats and waterways. 77sis ordinance will be returned to City Council for further amendment concerning compliance to the .08 alcohol content as stipulated in the motor vehicle code amendment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, rice Mayor William D. ,;essoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July 5, 1994 C- 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 6-117 AND 6-122 OF THE CODE 3 OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO BEACHES, 5 BOATS AND WATERWAYS 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Sections 6-117 and 6-122 of the Code of the City of 9 Virginia Beach, Virginia, are hereby amended and reordained to read 10 as follows: 11 Sec. 6-117. Towing skiers or surfboarders without observer or 12 life preserver mirror and without flotation device 13 prohibited. 14 (a) It shall be unlawful for any person to operate a motor 15 boat on any of the waters in this city for towing a person or 16 persons on water skis, surfboards or other similar devices, unless 17 (i) there is in such motor boat a person, in addition to the 18 operator, in a position to observe the progress of the person or 19 persons being towed, or the vessel is equipped with a 20 rear view mirror sufficient for observing all persons being towed, 21 and (ii) @ each skier or surfboarder wears a life preserver er 22 9!Ei belt U. S. Coast Guard approved Dersonal flotation device. 23 (b) A vielatien ef- AnV person who violates this section shall 24 be punished by f-ifty de!4:ar-8 ($50.90) 25 guilty of a class 4 misdemeanor. 26 . . . . 27 section 6-122. operating motor boat, vessel, water skis, etc., 28 while under influence of intoxicating beverages or 29 drugs. 30 (a) No person shall operate any watercraft or motorboat which 31 is underway (i) while such person has a blood alcohol concentration 32 ef 0.19 pereent er mer-e by i@e Ei..- -Y valume at or greater than the 33 blood ntration at which it is unlawful to drive or 34 operate a motor vehicle as provided in section 21-336 as indicated 35 by a chemical test administered in accordance with S6 4:22.9: section 36 6-122.2, (ii) while such person is under the influence of alcohol, 37 (iii) while such person is under the influence of any narcotic drug 38 or any other self-administered intoxicant or drug of whatsoever 39 nature, or any combination of such intoxicants or drugs or (iv) 40 while such person is under the combined influence of alcohol and 41 any drug or drugs, to a degree which impairs his ability to operate 42 the watercraft or motorboat safely. 43 (b) No person shall operate any watercraft or motorboat which 44 is underway during any period for which such person has been 45 ordered not to operate a watercraft or motorboat pursuant to 15 46 section 29.1-738 or S section 29.1-738.4 of the Code of Virginia, 47 or g section 6-122 or g section 6-122.4 of this code, or similar 48 ordinances of any county, city or town. 49 (c) For purposes of this article, the word "operatell shall 50 include being in actual physical control of a watercraft or 51 motorboat and "underway" shall mean that a vessel is not at anchor, 52 or made fast to the shore, or aground. 53 Any person who violates any provision of this section shall be 54 guilty of a class I misdemeanor. 55 . . . . 56 Adopted by the Council of the City of Virginia Beach, 57 virginia, on the 5th day of July 1994. 58 CA-5642 59 R-2 60 JUNE 29, 1994 61 ORDIN\DATA\NONCODE\6-117ET.ORD 2 - 16 - e I -G.4. CONSEAT AGENDA ITEM # 38183 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to APPROPRLITE $69,089 in additional revenues from the Virginia DiTartment of Corrections FY 1993-1994 Operating Budget to support the Community Diversion Initiative Program; and, FY 1993- 1994 estimated revenues from the Commonwealth be i@icreased accordingly. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W. Harrison, Jr., Barbara M Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Kice Mayor William D. Sessonw, Jr. and Louisa M Strayhorn Council Members Voting Nay: Non e Council Members Absent.- None July 5, 1994 AN ORDINANCE TO APPROPRIATE $69,089 IN ADDITIONAL REVENUES FROM THE VIRGINIA DEPARTMENT OF CORRECTIONS TO SUPPORT THE COMMUNITY DIVERSION INITIATIVE PROGRAM 1 WHEREAS, the Community Diversion lnkiative Program is a state grant program whose funding is 2 based upon the number of state inmates diverted from incarceration, and 3 WHEREAS, the Virginia Department of Correcbons has increased the grant funding for this 4 program due to increased numbers of clients served by the Virginia Beach Program. 5 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA, that $69,089 in addftional revenues from the Virginia Department of Correcbons be 7 appropriated in the FY 1993-94 Operating Budget to support the Community Diversion lnftiative Program. 8 BE IT FURTHER ORDAINED, that FY 1993-94 estimated revenues from the Commonwealth be 9 increased by $69,089 to reflect the increased grant amount. 10 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of Jul y1994. APPROVED AS TO LEGAL SUFFICIENCY CFZW-C %OB94@CDI ORD - 17 - Item III-G.5, CONSENT AGENDA ITEM # 38184 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED. Ordinance to ACCEPT and APPROPRL4TE a $28,852 Grant from the State Dqpartment of Criminal Justice and TR,4NSFER $3,206 from the FY 1994-1995 Operating Budget Reserve for Contingencies re supporting the Commonwealth's Attorney's Victim-Witness Program, to continue the existing grant position; ani4 increase the FY 1994-95 estimated revenues from the Commonwealth accordingly. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dea?4 William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. .5trayhorn Council Members Voting Nay: None Council Members Absent.- None July 5, 1994 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $28,852 GRANT FROM THE STATE DEPARTMENT OF CRIMINAL JUSTICE AND TRANSFER $3,206 FROM THE FY 1994-95 OPERATING BUDGET RESERVE FOR CONTINGENCIES TO PROVIDE FUNDING SUPPORT TO THE COMMONWEALTH'S ATTORNEY'S VICTIM WITNESS PROGRAM 1 WHEREAS, this is the fourth year the City has received a grant from the State Department of 2 Criminal Justice to support e)dsbng services wdhin the Commonwealth's Aftorney's Vicbm Wftness program, 3 WHEREAS, these funds are being used primarily to support the exisbng poskion of Vicfim vvltness 4 Assistant, and 5 WHEREAS, this grant requires a 1 0% city match. 6 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, 'ARGINIA, that the State Department of Criminal Justce grant for $28,852 be accepted and appropriated 8 and that $3,206 be transferred from the FY 1994-95 Operating Budget Reserve for Contngencies to support the 9 Commonwealth's Aftorney's Vicbm Witness Program and to conbnue the existing grant posifion. 10 BE IT FURTHER ORDAINED, that the FY 1994-95 estmated revenues from the Commonwealth 11 be increased by $28,852 to reflect this grant, 12 AdoptedbytheCityCounciloftheCityofVirginiaBeachonthe 5th f July 1994. APPROVED AS TO LEGAL SUFFICIENCY CRW-C:\0895\CAVi.tim..rd 18 - CONSEAT AGENDA ITEM # 38185 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize the City Manager to TRANSFER $500 from the Water and Sewer Fund Reserve for Contingencies to reimburse a Pubhc Utilities Employee for legal fees incurred in his defence of charges brought against him arising out of the performance of his official duties. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis P- Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wtlliam D. Sessoiw, Jr. and Louisa M. ;trayhorn Council Members Voting Nay: None Council Members Absent.- None July 5, 1994 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 TRANSFER FUNDS IN THE AMOUNT OF $500.00 FROM 3 THE WATER AND SEWER FUND RESERVE FOR 4 CONTINGENCIES FOR THE PURPOSE OF REIMBURSING A 5 PUBLIC UTILITIES EMPLOYEE FOR LEGAL FEES 6 INCURRED IN HIS DEFENSE OF CHARGES BROUGHT 7 AGAINST HIM ARISING OUT OF THE PERFORMANCE OF 8 HIS OFFICIAL DUTIES 9 WHEREAS, a Virginia Beach Public Utilities employee was 10 charged with assault and battery for actions arising out of the 11 performance of his official duties; 12 WHEREAS, this charge against the employee was heard and 13 dismissed by the Virginia Beach General District Court on April 13, 14 1994; 15 WHEREAS, in the defense of said charges the employee 16 incurred legal fees in the amount of $500.00, and has requested the 17 City to reimburse him for such fees; is WHEREAS, Section 15.1-19.2:1 provides that 11[i]f any 19 officer or employee of any county, city, or town shall 20 be ... prosecuted on any criminal charge arising out of any act 21 committed in the discharge of his official duties, and ... the charge 22 is subsequently dismissed or upon trial he is found not guilty, the 23 governing body of the county, city, or town may reimburse legal 24 fees and expenses incurred by him in the defense of 25 the... charges .... "; and, 26 WHEREAS, the City Attorney's Office has reviewed the 27 circumstances of the case and assessed the itemized bill submitted 28 by the employee's legal counsel and has determined that the legal 29 fees incurred by the employee are reasonable. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 That the City Manager is hereby authorized to transfer 33 funds in the amount of $500.00 from the Water and Sewer Fund 34 Reserve for Contingencies for the purpose of reimbursing a Public 35 Utilities employee for legal fees incurred by him in his defense of 36 a criminal charge brought against him arising out of the 37 performance of his official duties. 3 8 Adopted by the Council of the City of Virginia Beach, 39 virginia on this Fifth day of July 1994. 40 CA-5621 41 DATA\ORDIN\FEESPU.ORD 42 R-2 43 PREPARED 6/22/94 AF'rlp,OV@,D AS TO LEGAL 2 - 19 - Item 111-H.I. ORD17V.4NCE ITEM # 38186 Upon motion by Vice Mayor Sessotm, seconded by Council Lady Strayhorn, City Council ADOPTED, AS AMENDED: Ordinance to TRANSFER $1,700,000 from Schools Renavations and Replacements (Project 1 -058) to Ocean Lakes High School (Project I - 010) and Larkspur Middle School (Project 1-053) re purchases necessary to open those schools in the Fall of 1994 *Impact aid funds above $3-MILLION and reversion funds shau be utilized for replacement of the $1,700,000 Transfer. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, Robert K Dean, William W. Harrison, Tr., Barbara M. lienley, loi4is P. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vzce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: John D. Moss Council Members Absent.- None Councibnan Moss DISCLOSED pursuant to Section 21 -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 public interest. Councibnan Moss's letter of July 14, 1992, is hereby made apart of the record. July 5, 1994 1 AN ORDINANCE TO TRANSFER $ 1,700,000 TO OCEAN LAKES AND 2 LARKSPUR SCHOOL CAPITAL PROJECTS FROM SCHOOLS 3 RENOVATIONS AND REPLACEMENT CAPITAL PROJECT 4 WHEREAS, the School Division has determined that appropriations within the current capital 5 projects for Ocean Lakes High School and Larkspur Middle School are insufficient to complete equipment 6 and furniture purchases necessary to open those schools in the fall of 1 994; 7 WHEREAS, the needed additional funding is $1,200,000 for Ocean Lakes and $ 500,000 for 8 Larkspur, for a total of $1,700,000; 9 WHEREAS, the School Division has determined that adequate funds wil be available in FY 10 1 994-95 in the Renovations and Replacement project to allow work to move forward on scheduled 11 renovations while transferring $ 1,700,000 to the Ocean Lakes and Larkspur projects. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That funds in the amount of $ 1,700,000 in FY 1 994-95 are hereby transferred as shown below to 16 proceed with completing equipment and furniture purchases for Ocean Lakes High School and Larkspur 17 Middle School: 18 19 Project 1 -01 0 Ocean Lakes High School $ 1,200,000 20 Project 1-053 Larkspur Middle School 21 TOTAL 22 23 Project 1-058 Renovations and Replacements 24 TOTAL $ 25 This ordinance shall be effective on the date of its adoption. JA day of 26 uyopted by the Council of the City of Virginia Beach, Virginia on the 5th 27 y 1994. 28 Approved as to Content: 29 30 - 20 - Item Ill-Ll. APPOIArTMENTS ITEM # 38187 BY CONSENSUS, CitY Council RESCHEDULED the following APPOINTMENTS: EROSION COMMISSION FRANCIS L4ND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PL,4NNING DISTRICT COMMISSION HISTORICAL REI,7EW BOARD SOCIAL SERHCES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER-REGIONAL GROUP HOME COMMISSION TIDEWATER TRANSPORTATION DISTRICT COMMISSION 1,7RGINIA BEACH CRIME TASK FORCE 117RGINL4 BEACH TOWING ADVISORY BOARD July 5, 1994 - 21 CITY MANAGER'S BRIEFING ELECTORAL PLAN 3:12 P.M. ITEM # 38188 Leslie L. Lilley, City Attorney, distributed an Election System Operpiew: Qs and A "s, Our Electoral System and a Summry of Newspaper Articles on Reapportionment (September 1991 - July 1994). Said information is hereby made a part of the record. On March 1, 1994, by order of the Circuit Court, a specid ekction was called for May 3, 1994, to propose to the voters the following question: "Should City Council request the General Assembly to amend the City's existing councilownic ekctoral plan to provide for division of the City into seven (7) districts of approximately equal popu@n, with seven (7) members to be ekcted only by the voters of their respective districts, and three (3) members and the Mayor to be elected by and from the City at Large? " 77tis was the concept advanced by the Council of Civic Organizations. 7his is a 7 district - 4 At-Large Plan (a Ward Plan). 77ie question was supported by approximately 53% of the voters in the May election. Mr. Lilley displayed a map outlining the specific plan presented by the CCO, with 7 equally populated districts (Centerville, Kempsville, Timberiake, Lynnhaven, Bayside, Beach Great Neck and Princess Anne). Voters approved the concept, which is contained in the question. 7he Plan and the particular boundaries were not before the voters. It is the concept that was approved, not the specific Plan. 77ie City Council is not tied to this Plan. 7he Referendum is advisory only in so far as the law is concemed. "ether to change our electoral system under present facts is a political question. If there is a decision to change the electoral system, the I'lan to be chosen, as well av whether to change it, is a political decision. 7he City Attorney was requested to provide copies of the State Law relative residency requirements and a copy of the Commonwealth's Auorney's ruling re interpretation of residency. 7his item was RESCHEDULED from the City Manager's Briefing section to the FORMAL SESSION. July 5, 1994 22 - NEW BUSINESS ITEM # 38189 WETLANDS BANKING Richard Nettleton, Public WorkslEngineering, and Harold Jones - Army Corps of Engineers, advised the City must mitigate unavoidable @cts to wetlands caused by the implementation of the Capital Improvement Program whenever the i"cis exceed allowable levels established by either state or federal regulations. "ere on -site mitigation of the wetland @cty is not practicable or where the effectiveness of on-site mitigation is questionable, the City must acquire property suitable to the, ceation of com,pensatory mitigation. A Wedand Banking Systen; within various watersheds to facilitate compensation for any CIP generated wetland impacts, is proposed 7he Wetland Banking System is approved for use as a mitigation measure in accordance with the Council on Environmental Quality Regulations (40 CFR 1508.20). E-stablishment of a Wedand Banking System will provide assurance to the State and Federal Wetlands permitting agencies that adequate compensatory mitigation is in place prior to the occurrence of the wetland impacts during execution ()f our CIP. 77ie Wedand Banking System concept was initially presented to Council on April 14, 1992, as an information Packet to highlight efforts by staff in establishing a Memorandum of Agreement (MOA) for a Wedand Banking System. Wetland Banking is compensatory mitigation to onsite mitigation requirements. A Bank is based on the establishment of credits by restoration or creation of wetlands. 7he Staff is examining a regulatory process to determine the debits that will be made to that bank. Mr. Nettleton advised the following definition: BANK - Wetland restoration or creation undertaken expressly for the purpose of providing compensation for wetland losses from authorized City construction activities. It includes only actual wetland restoration or creation established prior to impacting another wetland as part of a credit program. Credits for @ting wetland functions may then be withdrawn from the bank to compensate for future individual wetland b"cts. BANK SITE - Property designated expressly for wetland restoration or creation for the purpose of providing compensation for wetland loses fi,om future construction activities. A bank site becomes a bank when ihe bank success criteria are met, thereby making credits available for withdrawaL WETLAND - Areas inundated or saturated 77ie key operative words are frequency and duration of inundation, as well as the criteria to support a prevalence of vegetation typically adapted for life in saturated soil conditions. Mr. Nettleton outlined the Bene@ of Wedand Banking: 1. Effective and adequate compensatory mitigation that is in- place prior to unavoidable wetland impacts. 2. Comprehensive rather than fragmented compensatory mitigation. 3. Larger, easily managed, higher quality wetlands sites rather than numerous small sites. 4. Improved regulatory agency coordination. 5. Faster mitigation review may reduce permit evaluation times. 6 Ensure successful wetlands compensation. July 5, 1994 - 23 - Itelm Ill-KI. NEW BUSINESS ITEM # 38189 (Continued) 7he Mitigation Review Team, consists of a group of representatives from the following organizations: U.S. Army Engineer Norfolk District Corps U.S. Environmental Protection Agency U.S. Fish and Wddlife Service Nadonal Marine Fisheries Services Virginia @rtinent of Environmental Quality Virginia Department of Game and Inland Fisheries Virginia Marine Resources Commission Virginia Institute of Marine Science City of Virginia Beach 7heperpetual conservadon easement is held by an independent thirdparty and shall conserve perpetually the mitigation bank site. 7he conservation easement shall run with the @ and become included in the deedy, conveyance or transfer or grant documents. 7he conservadon easement shall outline expressly the limitation of the landy contained within the mitigation bank. 7he Creeds Site, owned by the City, has been selected as the prototype site to be utilized. Ihe Staff is currently examining thirty-five (35) acres of this site with the cost for developing estitnated at 4pproximately $507,900 ($14 511 per acre). Current costs range anywhere from $110,000 to $370,000 per acre. Examples of studies relative this concept will be provided to City CounciL A breakdown will be provided relative up@ hydric sods, swamp and marshlands. Examples of mitigation areas within the City concerning successes and failures will be provided 7he City Manager will SCHEDULE a Workshop relative thiv concept of Wetlands Banking. July 5, 1994 - 24 - Item Ill-K2. NEW BUSINESS ITEM # 38190 Mayor Oberndorf reminded City Council Members of the Planned Workshop (Council Retreat) August 5 and 6, 1994. July 5, 1994 - 25 - ITEM # 38igi MaY- MeYera E. Oberndorf entertained a motion tO Permit CitY Concil to conduct its EXECUTIVE SESSION pursuant to ction 2 P- inia, as amendet for the following purposes (5.-05 P.M.): Se .1 -344, Code of irg - Discussion or consideration of or interviews of Prospective candidates for employment, assignmen4 appointment, pr-otio?; Perforinance, demotwi; salarzes, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 21-344 (A) (1). Appointinents: Boards, and Commissions: Erosion Commission F'rancis Land House Board of Governors flampton Roads Planning District CommisVion Historical Review Board &?cial Services Board Tidewater Community College Board Tidewater-Regional Croup Home Commission Tidewater Transportation District Commission Virginia Beach Crime Task Force @irginia Beach Towing Adv@ory Board Water Task Force P 0 Discussion or consideration of the condition, acquisition, or iae of real property for public purpose, or of the disposition of publicly -held property, or of plans for the fu ture of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to 5ection 2.7 -344(A)(3). To-Wit.'Acquisitionll)isposition - Harbor Point Drive rlrginia Beach Borough LFGAL M,47TFRS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal mauers requesting the provisions of legal advice by counsel pursuant to Section 2.1 -344(A)(7). To- Wit: Lake Gaston liriefing N Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to 5ection 2.1-344 (A) (5). Upon motion by Vice Mayor Sessoms, seconded by Councibnan Branch, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dean, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July 5, 1994 - 26 - ITEM # 38192 May- Mey- E. Obemdorf RECONVENED the FORMAL SESSION of the P7RGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 5, 1994, at 7.-10 P.M. Council Members Present: John A Baum, Linwood 0. Branc,% III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndo?f, )Vancy K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Absent.- None July 5, 1994 27 - CERTIFIC,4TION OF EXECUTIVE SESSION ITEM # 38193 Upon motion by Vice Mayor Sessona, seconded by Councibnan Jones, City Council CERTIFIED THE EXECUTnE SESSION TO BE IN ACCORDANCE 47TH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certi cation resolution applies; AND, Only such public business matters 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 0. Branc/4 III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis P, Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Kce Mayor William D. ';essoms, Jr. and Louisa M. @rayhorn Council Members Voting Nay: None Council Members Absent: None July 5, 1994 4b, stooluttlin CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: Ile Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affn-mative vote recordcd in ITEM # 38919, Page No. 25, and in accordance with the provisions of Tle Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of thc Code of Virginia requires a certiflcation by the goveming body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: 'fhat the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully excmpted from Opcn Meeting requirements by Virginia law wcrc discussed in Executive Scssion 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 July 5, 1994 28 - e ADJOURAIMENT ITEM # 38194 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 7.14 l@M.. - ------------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk -------------------------- Ruth Hodges Smith, CMCIAAE Meyera E. Oberndorf City Clerk Mqyor City of Firgi@ Beach lrtrginia July 5, 1994 MEYERA E. OBERNDOPF MAYOR MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456-9000 (804) 427-4581 June 28, 1994 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charer, SecliOn 3.06, the City code, Sctilln 2-21, -d e authori lelted i e Mayo SESSby th ty " @ a' r of the City, I hereby call a SPECLIL ION of e R L4 F,4 Hall Building, th 11 GIN B CH CITY COUNCIL n he Cou,c C ber, - Tues y, 1 t 11 han cq of Office to th da July 5' 1994, at 11:00 A.M. or 'h 'Purpose of adninistering e Members of city Council andfthe election of the ;,ce Mayor. Sincerely, 'e. Mey'r- E Ober,,dorf Mayor Councilman John,4. Bawn COuncIbn- Linwood 0 Bra,ch, II, Cou'c'bnan R-bert K Dean Councibnan Loui, R jones Councibnan Wllliam W. Harrso,, jr. CouncilwOman Barbara M Hefllcy C-nc@an John D Afos, COU,,Cilwo-n Nancy K Parker ;rice Mayor U,,Iliam D. Sessoms Councilwonwn Louia M. Strayhort, MEYERA E OBERNDORF MAYOR MUNICIPAL CENTEI VIRGINIA BEACH, VIRGINIA 23456-Woo (804) 427-4581 June 28, 1994 HONO@LE AIEMBFR@ OF CITY COUNCIL I acc rdance with the City C rter, 0 ha -d e au ori SectiOn 3.06, the City Cde, Sec@n 2-21, SESSby th th ty v ted in me Mayo ION of he es 'zs r of the City, I hereby call a SpECL4L 17,R I L4 E,4 HaliBuilding, - Tueday, G N B CH C'Ty COUNCIL i he Coucil Cla ber, City the Oath 0 July 51 1994, ty t : A M. for the Pu e of in f Office to the Menberl Of Ci a 11 00 RPOS adpn isteril-9 Council and the e ection of he ce M yor. Sincerely, of MeY- E Oberndorf Mayor Councibn4n @n A. BUn Councilinan Linwood 0. Branch, II, Councibnan Ro b rt K De-an Councibnan Louis R Jons COunc1b.an WIlia. W Hr,,So,,, jr Councitwoma, Barbara M. iieley Councilman @n D. Moss Councilwoman Nancy K Parker Mayor w Vice ill@m D. Sesso,, COuncilwoman Louisa M. Slrayhorn