Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
NOVEMBER 28, 2000 MINUTES
City of Vir. .ini "COMMUNITY FOR A LIFETIME" CITY COUNC~ MAYOR MEYERA E. OBERNDORE At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large LINWOOD O. BRANCH, 111, Beach - District 6 MARGARET L. EURE, Centerville - District 1 WILLIAM W HARRISON, JR., Lynnhaven - District 5 BARBARA M. HENLEY, Princess Anne - District 7 LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District $ ROBERT C. MANDIGO, JR., Kernpsville - District 2 NANCY K. PARKER, At-Large ROSEMARY WII~ON, At-Large JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES-SMITH, MMC, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEA CH, VIRGINIA 23456-9005 PHONE: (757) 427-4304 FAX: (757) 426-5669 EMAI L: Ctycncl @ ci~. virginia-beach.va, us November 28, 2000 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM Ao VBgov Goals and Objectives Michael J. Barrett, Chairman, Mayor's Special Commission on E-Government Chesapeake Bay Preservation Act Buffer Policy and Regulatory Amendments H. Clayton Bemick III, Administrator-Environmental Management Center II. REVIEW OF THE AGENDA III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION Citizens may register to address City Council for a limited time on any item on the Formal Council ~4genda. Speakers may register immediately prior to the meeting or, in advance, by calling the City Clerk's Office at 427-4303. V. FORMAL SESSION - Conference Room - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Charles H. Williams Morning Star Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fo MINUTES 1. INFORMAL & FORMAL SESSIONS November 14, 2000 Go AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. Ho PUBLIC HEARING 1. TAX EXEMPTION: Salem Woods Civic Association, Inc. RESOLUTIONS/ORDINANCES 1. Resolution re legislation by the 2001 Virginia General Assembly to designate SALEM WOODS CIVIC ASSOCIATION, INC. as TAX EXEMPT from state and local real and personal property owned by the Association. Resolution re the VIRGINIA BEA CH YOUTHPLAN as a community guide for addressing the needs of youth and their families. Resolution AFFIRMING the City Attorney's appointment of Carol W. Hahn as Assistant City Attorney, effective 11 December 2000. Ordinance re a Cooperative Agreement between the City Council and the Virginia Beach School Board pertaining to the provision oflegalservices to the School Board by the Office of the City Attorney in the FY 2000-01 operating budget. Ordinance to AUTHORIZE the City Manager to execute an agreement between the City [Fire Department] and the United States of America for the acquisition of equipment under the Nunn-Lugar-Domenci Act to address the ever growing threat of incidents involving weapons of mass destruction. 6. Ordinances to AUTHORIZE temporary encroachments: Marguerite W. Dickerson: to construct and maintain a floating dock, ramp and mooring piles into the City-owned Lake Wesley, adjacent to the rear portion of their property at 569 Virginia Dare Drive in the [Beach District - No. 6] bo Gary W. Finkbeiner: to construct and maintain a wooden bulkhead, stone rip rap and wooden dock into the City-owned drainage easement and waterway canals at the rear of his property at 901 Verano Court [Princess Anne District No.7] Ordinance to ACCEPT and APPROPRIATE $400,387 from the Commonwealth of Virginia Tourism Corporation to the FY 2000-01 operating budget of the Department of Convention and Visitor Development for the purpose of expanding the City's tourism advertising program and increase estimated revenues accordingly. 8. Ordinances re the Sheriff's Department FY 2000-01 operating budget: a°o APPROPRIATE $1,531,536 of the Department's Special Revenue fund balance re equipment, capital improvements to the Law Enforcement Training Academy, increased salary supplements for Deputies, a new recruitment "reward" program and contributions to the Department's Supplemental Retirement fund bo ACCEPT and APPROPRIATE $183,023 from the Commonwealth of Virginia Compensation Board; TRANSFER $21,828 from the General Fund Reserve for Contingencies to fund salary increases effective 1 December 2000; and increase estimated revenues from the State o Ordinance to TRANSFER $990,000 from the capital projects of Buckner Road Extended and Lynnhaven Parkway, Phase IX [VDOT] to the Lynnhaven Parkway interchange at Great Neck Road [VDOT]; AUTHORIZE acquisition of property near 1-264 at Great Neck Road either by agreement or condemnation; TRANSFER $1,250,000 and $260,000 for the purpose of acquiring the necessary property; and, to AUTHORIZE the City Manager to cause these funds to be available for a reasonable offer to the persons having an interest in said property for the future roadway improvements at this interchange. 10. Ordinance to TRANSFER $2,160,000 from the Birdneck Road, Phase II [VDOT] to Princess Anne and Kempsville Roads intersection improvements; AUTHORIZE acquisition, by purchase or condemnation, all that real property in fee simple, including temporary and permanent easements and right-of-way, for this project; and, toA UTHORIZE the City Manager to cause the necessary funds to be available for a reasonable offer to persons having an interest in said property for the future roadway improvements at this interchange. 11. Refunds: a. Licenses: $14,668.15 b. Meal Tax: $ 1,060.77 c. Tax: $ 5,809.33 J. PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of SANDY JACKSON for an enlargement of a nonconforming use (expanding the dwelling's square footage) at the southeast comer of 22nd Street and Baltic Avenue (430 22na Street), containing 9,100 square feet (BEACH - DISTRICT 6). Deferred: Recommendation: November 14, 2000 APPROVAL Application of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an AMENDMENT to the Green Run Land Use Plan to allow fuel sales (six gasoline pumps) in conjunction with a convenience store at the southwest intersection of Buckner Boulevard and S. Rosemont Road, containing 1.6 acres (PRINCESS ANNE - DISTRICT 7). Deferred: Recommendation: September 26, 2000 APPROVAL Application of BONNEY BRIGHT for a Conditional Use Permit for a borrow pit expansion on the east side of Princess Anne Road beginning at 2,172 feet south of the intersection with Pocahontas Club Road, containing 162 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL Application of OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOC. INC., for a Conditional Use Permit for a community pier on the west side of Sandpiper Road, south of Kabler Road, containing 62.573 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL Application of GRISWORLD, INC., for a Conditional Use Permit for a miniature golf course, bicycle rental, amusements, and a concessionaire snack bar at the southeast comer of Pacific Avenue and 22"d Street (2109 Pacific Avenue), containing 21,780 square feet (BEACH DISTRICT - 6). Recommendation: APPROVAL Application of OCEAN TIDE ASSOCIATES for a Change of Zoning District Classification from B-4 Resort Commercial District to A- 18 Apartment District with a PD- H2 Planned Unit Development Overlay at the southwest comer of Shore Drive and Jade Street on Lots 1 through 8, Block 7, Plat of Lynnhaven Shores, containing 1.02 acres (LYNNHAVEN - DISTRICT 5). Deferred: Deferred: Recommendation: September 12, 2000 September 26, 2000 APPROVAL 0 Applications of VEHICLE RECYCLING SOLUTIONS, LLC at the northeast intersection of Sykes Avenue and Southern Boulevard (100 Sykes Avenue), containing 23.52 acres ( BEACH - DISTRICT 6): ao Change of Zoning District Classification from I-1 Light Industrial District to Conditional 1-2 Heavy Industrial District b. Conditional Use Permit for the storage or processing of salvage, scrap or junk autos Staff Recommendation: Planning Commission Recommendation: DEFERRAL TO DECEMBER 12, 2000 APPROVAL Applications of OXFORD PROPERTIES, LLC, d/b/a DAM NECK SELF STORAGE, on the east side of General Booth Boulevard, north of Culver Lane (1874 General Booth Boulevard), containing 2.318 acres (PRINCESS ANNE - DISTRICT 7): ao Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-1A Limited Community Business District b. Conditional Use Permit for mini-warehouses Staff Recommendation: Planning Commission Recommendation: DENIAL APPROVAL Resolution referring to the Planning Commission proposed amendments to §§ 203 and 230 of the City Zoning Ordinance (CZO) to revise the requirements for off-street vehicular parking for churches in shopping centers and to clarify such requirements for uses permitted pursuant to a Conditional Use Permit (CUP). Ko APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) FRANCIS LAND HOUSE BOARD OF GOVERNORS SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) VIRGINIA BEACH FOUNDATION - Distribution Committee L. UNFINISHED BUSINESS M° NEW BUSINESS 1. ABSTRACT OF VOTES in the GENERAL ELECTION - November 7, 2000 N. ADJOURNMENT December $ December 12 CITY COUNCIL SESSIONS (December 2000) - Administrative and Planning - Administrative and Planning If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 11/23/00slb AGENDA\I 1-28-00.PLN www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 28, 2000 Mayor Oberndorf called to order the MAYOR'S BRIEFING re VBGOV GOALS AND OBJECTIVES in the Council Conference Room, City Hall Building, on Tuesday, November 28, 2000, at 2.'30 P.M.. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, and Rosemary Wilson Council Members Absent: Vice Mayor William D. Sessoms, dr. William W. Harrison, dr. [ENTERED: 3:50 P.M.] [ENTERED: 4.'37 P.M. ] -2- MA YOR 'S BRIEFING VBGOV GOALS AND OBJECTIVES 2:30 P.M. ITEM # 47394 Michael J. Barrett, Chairman - Mayor's Special Commission on e-Government, introduced the Commission Members: Phillip Kellam At-Large Judith Shay Beach - District 6 John Gawne Bayside - District 4 Sandra Williamson-Ashe At-Large Chuck Manto Princess Anne - District 7 Bill Dore' Kempsville - District 2 Ben Krause Lynnhaven - District 5 Michael Mastrullo Centerville - District 1 Frances Laskey At Large Greg Franceski Rose Hall - District 3 Commission Members Bill Dore' and Greg Franceski were in attendance. Over sixty applications for membership were received over the Internet. Eleven citizens were selected to serve - one from each District plus four at-large members. The Commission has met twice a month since May 2000. Mr. Barrett advised the group appeared on the Mayor's Community Conversations broadcast. Input was solicited through: Formal presentations to community groups Informal discussions and conversations with the general public Communication through the City's current e-Government web site, community wide Internet bulletin boards and discussion groups. Surveys conducted both on the Internet and using a tear xheet that was mailed or faxed in. What is e-Government? Using electronic technology to streamline government by providing efficient and effective services and information to citizens ad businesses. November 28, 2000 -3- MA YOR 'S BRIEFING VBGOV GOALS AND OBJECTIVES ITEM # 47394 (Continued) Why e-Government? 76.8% of our citizens have Internet access from home or work. 38% of our citizens have access to the Internet every day. Businesses and individuals are changing the way they interact with their customers and one another. People's expectations are changing concerning how and when they communicate on both personal and professional levels. Local government is not exempt from these changes. By embracing and emulating the efficiencies already achieved in the private sector through technology, the City can improve its already itnpressive level of service while simultaneously marketing itself, to its' citizenry and beyond, as a true innovator in local government. In 1982, the City of Virginia Beach received one of the first Public Technology awards The City's electronic citizen complaint handling process was the recipient of PTI, Inc. award. There is a history of harnessing Information Technology in this City. OUR VISION By 2002, citizens will be able to: Make payments to the City from their homes at any hour of the day or night. Access public information from their homes, places of business, public buildings, community-based kiosks, or from distant locations including Navy ships on deployment and in foreign cities. Express concerns about and/or obtain results ora zoning change, conditional use permit, and variance requests on the day of the hearing. Complete one 'data'form for all departments and agencies within City government. Have shorter wait times when choosing to conduct business by telephone or in person. Participate in e-Government forums expressing their opinions and concerns in electronic conversations with members of City Council and representatives of City government departments and agencies. Benefit from more efficient government that benefits from streamlined operations as well as compatibility with regional systems. Directly inform their elected representatives of their views' on policy issues. Mr. Barrett advised he participates in a "Pilot on-line talk net", which basically provides a vehicle in which there are forums with issues discussed electronically. November 28, 2000 -4- MA YOR 'S BRIEFING VBGOV GOALS AND OBJECTIVES ITEM # 4 7394 (Continued) Mr. Barrett cited the e-Government Goals and Objectives for the City: Goal 1: Virginia Beach City government will be accessible to all citizens 24 hours a day~7 days a week~365 days a year. Goal 2: Virginia Beach City Government will deliver services and public information directly to its' citizens electronically. Goal 3: Virginia Beach City Government will be easily interactive. Goal 4: Virginia Beach City Government will be customer focused and efficient Goal 5: Virginia Beach will become a learning community with an information age Goal 6: Virginia Beach government will be compatible and interactive with the government systems of the Commonwealth of Virginia and the Smart Region Initiative of the Hampton Roads' Partnership Goal 7: The public will be encouraged to access government services and information through e-Government. City Council resolution on September 12, 2000, directed the Commission to: Study the proposal developed by the Real Estate Assessor. Research how other communities have dealt with citizen concerns. Develop a proposal with appropriate alternatives. Create guidelines for the publication of public information on the Internet. CONCLUSIONS The City is required by FOIA to provide public records electronically. Information obtained through FOIA could be published on the Internet by those receiving it. Other cities and counties throughout the country are posting the information Most allow search by and publish owners names 3 large Virginia localities have removed names to address citizen concerns. Trends clearly point toward providing more, rather than less, information electronically Self-service access to information via the Internet lowers costs and improves service. November 28, 2000 -5- MA YOR 'S BRIEFING VBGOV GOALS AND OBJECTIVES ITEM # 47394 (Continued) RECOMMENDATIONS Goal 1: City Government accessible to citizens 24 hours a day~7 days a week/365 days a year. Public information is available to all citizens electronically. Publish public records on the Internet but without identifying individuals, providing any names or allowing any name searches. Proceed to provide access to the real estate assessment data without names. Research the costs and benefits of a more comprehensive system available to businesses on a fee basis. Continue to develop a clear and concise privacy policy, applicable to all information released via the Internet The City's "SMART Portal" on the Internet ( www. vbgov, corn) serves as a "Virtual City Hall .... always open, easily accessible, receptive and responsive ". It is the Commission's hope that this effort continues and becomes more pervasive and integrated with an expanded customer-service approach to conducting business in the City of Virginia Beach. Relative the "digital divide", Mr. Barrett advised Mayor Oberndorf, this is a barrier to full communication activity. The lack of a computer in homes can be because of economic, social and cultural mores. This is the reason, computers will be located in all the libraries and the majority of the Recreation Centers. The Commission believes within the next two years, it will be possible to ensure any citizen, that does not have a device in their home for communicating on the Internet, will have access. This might beprovided thru the cable franchise. The cost of these appliances (computers) is decreasing i.e. a device at Radio Shack which allows access to the Internet, costs only $250. It may be in the City's interest to provide an appliance and the training necessary to utilize same to every household in the City. A program is being commenced with the business community to allow personal access for government affairs at that particular business. The combination of factors, the geographical accessibility at various outposts, the provision of an appliance allowing Internet access, as well as usage at local business, this digital divide can be reduced to a point so small it will be almost unrecognizable. Concerning retribution by certain individuals', as there are countless locator services available on the Web, it is almost inconceivable that an individual would utilize the City's real estate tax base to acquire information concerning an individual's address. The Commission attempted to quantify the fear and place into prospective the broad benefit which occurs to the community at large. Governor Gilmore has made it a hallmark of his administration that information be available and accessible electronically. The Commission is basically suggesting anything that is public information should be available electronically. Relative the real estate assessments, Mr. Barrett advised there would not be a fee for access. This is public information. The fee would be a special conglomeration of information not available to the general public in the present system. The Mayor and Council Members expressed appreciation to the Commission for their excellent report. November 28, 2000 -6- CITY MANAGER'S BRIEFING CHESAPEAKE BA Y PRESER VA TION A CT BUFFER POLICY AND REGULATOR Y AMENDMENTS 3:25 P.M. ITEM # 4 7395 H. Clayton Bernick III, Administrator - Environmental Management Center, presented an overview of changes the State is considering regarding the Chesapeake Bay Preservation Program. Pending Actions by Chesapeake Bay Local Assistance Board (CBLAB). Draft Guidance Policy on "Buffer Area Requirements and limitations on Development Activities' to be considered at December 2000 meeting. Proposed Amendments to Chesapeake Bay Preservation Area Designation and Management Regulations. End of public comment period on December 8, 2000 To be considered at December 20, 2000, Meeting. CURRENT BUFFER REQUIREMENTS l O0-foot buffer from any tidal shoreline perennial stream, tidal wetland, connected non-tidal wetland, protected as a Resource Protection Area. Virginia Beach added highly erodible soils with slopes greater than 6% to Resource Protection Area. Water dependent facilities, roads and driveways from redevelopment activities are exempt with conditions. Allowable Buffer Encroachments: Agricultural and forestry activities to 25feet with conditions Development to 50feet with use of equivalent water quality measures. Development to 50feet for lots recorded prior to 1989 (residence) PROPOSED DRAFT BUFFER POLICY The lO0-foot buffer should never be reduced in width, only permitted encroachments allowed. Encroachment for stormwater facilities only due to site circumstances and equivalent water quality protection. In new development, encroachments into the lO0-foot buffer only for principle structure of pre-1989 lots. No "by right" activities in buffer Eliminates current practice of allowing buffer encroachments with the use of equivalent stormwater facilities or practices. Agricultural encroachments up to 75feet allowed. November 28, 2000 ~7- CITY MANAGER'S BRIEFING CHESAPEAKE BA Y PRESER VA TION A CT BUFFER POLICYAND REG ULA TOR Y AMENDMENTS ITEM # 47395 (Continued) Mr. Bernick reiterated the concerns with the proposed Buffer Policy: The policy does not recognize that the primary goal of preserving the buffer is to protect water quality (10.1-200 of the Code of Virginia). By allowing encroachments, localities have been able to improve water quality through buffer enhancements stormwater facilities and practices, shoreline erosion control, and wetlands and riparian area vegetation restoration. Prevents localities from meeting the water quality protection goal of the Bay Act in the most innovative and cost-effective manner for each specific site. Virginia Beach has what amounts to a larger buffer, due to our inclusion of highly erodible soils and would be penalized by stricter interpretation of allowable encroachments under the proposed policy. PURPOSE OF REGULATOR AMENDMENTS Achieve Greater Clarity Eliminate Conflict and Redundancy with other regulations. Improve Vegetative Buffer Criteria for greater flexibility and consistency with Riparian Buffer Forest Policy in Chesapeake Bay Program Improve Agricultural Conservation Criteria Add Criteria for Reviewing Local Government Implementation. CONCERNS }VITH PROPOSED REGULATIONS "One size fits all" approach/Lack of Flexibility Partnership or lack thereof Performance Standards Governmental Responsibilities Program Redundancy Implementation Costs Each month all seventeen (17) communities comprising the Hampton Roads Planning District Commission meet in Chesapeake. The Chesapeake Bay Committee reviews these issues and have developed recommendations which have been shared jointly by all communities with the exception of,lames City County and Williamsburg. Two letters have been prepared, copies of which are hereby made apart of the record. These letters were sent to Governor Glmore, Secretary Woodley, General Assembly Members, as well as members of the Chesapeake Bay Local Assistance Board. The HRPDC correspondence relative the DRAFT Buffer Policy reflected the Regional Recommendations: do not adopt Draft buffer policy, as propose& revise in context of CBPA regulations; and work with localities to craft a policy th at meets local needs an d th e CBPA goal of after quality protection in th e most innovative and cost-effective manner. November 28, 2000 -8- CITY MANAGER'S BRIEFING CHESAPEAKE BA Y PRESER VA TION A CT B UFFER POLICYAND REGULATOR YAMENDMENTS ITEM # 47395 (Continued) The HRPDC correspondence relative the Proposed Regulations reflected the Regional Recommendations: technical comments - line by line suggested changes to proposed regulations; and policy comments - reiterated suggestions raised in regional response concerning postponing adoption of draft regulations, study of conflicts and redundancies and funding issues. CITY RECOMMENDATIONS DRAFT BUFFER POLICY City Council resolution of support Do not adopt draft buffer policy as Proposed Revised in context of CBPA regulations. Work to craft a policy that meets City needs and the CBPA goal of water quality protection in the most innovative and cost-effective manner. Include specific examples of methods and measures used to achieve greater water quality protection than would occur with draft buffer policy. CITY RECOMMENDATIONS PROPOSED REGULATIONS Resolution - City Council statement of concern with proposed regulations Technical Comments ~ line by line suggested changes to proposed regulations Policy Comments - reiterate suggestions raised in regional response concerning postponing adoption of draft regulations, study of conflicts and redundancies and funding issues. A Resolution relative the Chesapeake Bay Preservation Act Bufferpolicy and regulatory amendments shall be scheduled for the City Council Session of December 5, 2000.. November 28, 2000 -9- AGENDA RE VIEW SESSION 3:52 P.M. ITEM # 4 7396 1.1. Resolution re legislation by the 2001 Virginia General Assembly to designate SALEM WOODS CIVIC ASSOCIATION, INC. as TAX EXEMPT from state and local real and personal property owned by the Association. Mayor Oberndorf Council Members Mandigo and Eure met with the Salem Woods Civic Association, to assure representation to respond to inquiries. As this item will be APPROVED, B Y CONSENT, the City Attorney's office will advise the Civic Association that their representatives do not need to attend the Formal Session.. ITEM # 47397 Resolution AFFIRMING the City Attorney's appointment of Carol W. Hahn as Assistant City Attorney, effective 11 December 2000. The City Attorney advised Miss Hahn will be replacing Mike Nuckols who has resigned to go into private practice. ITEM # 4 7398 Ordinance to TRANSFER $990, O00 from the capital projects of Buckner Road Extended and Lynnhaven Parkway, Phase IX [VDOT] to the Lynnhaven Parkway interchange at Great Neck Road [VDOT] ; AUTHORIZE acquisition of property near I-2 64 at Great Neck Road either by agreement or condemnation; TRANSFER $1,250,000 and $260,000 for the purpose of acquiring the necessary property; and, to AUTHORIZE the City Manager to cause these funds to be available for a reasonable offer to the persons having an interest in said propertyfor the future roadway improvements at this interchange. Council Lady Henley referenced Capital Project #2-073, Buckner Road Extended and requested future funding for the project be prioritized against other roadway needs. Council Lady Henley believes there would be di~culties in the future, if Buckner Road Extended was not extended prior to the completion of the housing complex. The City Manager advised the intent was to refund the project. ITEM # 4 7399 I10. Ordinance to TRANSFER $2,160, O00 from the Birdneck Road, Phase II II~DOT] to Princess Anne and Kempsville Roads intersection improvements; AUTHORIZE acquisition, by purchase or condemnation, all that real property in fee simple, including temporary and permanent easements and right-of-way, for this project; and, to AUTHORIZE the City Manager to cause the necessary funds to be available for a reasonable offer to persons having an interest in said property for the future roadway improvements at this interchange. Councilman Branch referenced calls of concern from citizens. The Birdneck Project was delayed through the VDOT process; therefore, the City could not have proceeded this fiscal year. There will not be a delay; however, funds will have to be reprogrammed next year November 28, 2000 AGENDA -lO- RE VIE W SESSION ITEM # 4 7400 B Y CONSENSUS, the following shall compose the CONSENT AGENDA: RESOL UTIONS/ORDINANCES Resolution re legislation by the 2001 Virginia General Assembly to designate SALEM WOODS CIVIC ASSOCIATION, INC. as TAX EXEMPT from state and local real and personal property owned by the Association Resolution re the VIRGINIA BEACH YOUTH PLAN as a community guide for addressing the needs of youth and their families. Resolution AFFIRMING the City Attorney's appointment of Carol W. Hahn as Assistant City Attorney, effective 11 December 2000. Ordinance re a Cooperative Agreement between the City Council and the Virginia Beach School Board pertaining to the provision of legal services to the School Board by the Office of the City Attorney in the FY 2000-O1 operating budget. Ordinance to AUTHORIZE the City Manager to execute an agreement between the City [Fire Department] and the United States of America for the acquisition of equipment under the Nunn-Lugar-Domenci Act to address the ever growing threat of incidents involving weapons of mass destruction. I. 6. Ordinances to AUTHORIZE temporary encroachments: Marguerite IV. Dickerson: to construct and maintain a floating dock, ramp and mooring piles into the City-owned Lake Wesley, adjacent to the rear portion of their property at 569 Virginia Dare Drive in the [Beach District - No. 6] Gary Vt'. Finkbeiner: to construct and maintain a wooden bulkhead, stone rip rap and wooden dock into the City-owned drainage easement and waterway canals at the rear of his property at 901 Verano Court [Princess Anne District No. 7] Ordinance to A CCEPTand APPROPRIATE $400,387from the Commonwealth of Virginia Tourism Corporation to the FY 2000-01 operating budget of the Department of Convention and Visitor Development for the purpose of expanding the City %' tourism advertising program and increase estimated revenues accordingly. 1.8. Ordinances re the Sheriff's Department FY 2000-01 operating budget: ae APPROPRIATE $1,531,536 of the Department's Special Revenue fund balance re equipment, capital improvements to the Law Enforcement Training Academy, increased salary supplements for Deputies, a new recruitment "reward "program and contributions to the Department's Supplemental Retirement fund ACCEPT and APPROPRIATE $183,023 from the Commonwealth of Virginia Compensation Boar& TRANSFER $21,828 from the General Fund Reserve d'br Contingencies to fund salary increases effective 1 December 2000; and increase estimated revenues from the State November 28, 2000 -ll- .4GENDA RE VIEW SESSION ITEM # 47400 (Continued) 1.9. HO. Ill Ordinance to TRANSFER $990, O00 from the capital projects of Buckner Road Extended and Lynnhaven Parkway, Phase IX [VDOT] to the Lynnhaven Parkway interchange at Great Neck Road [VDO Ti; AUTHORIZE acquisition of property n ear 1-264 at Great Neck Road either by agreement or condemnation; TRANSFER $1,250,000 and $260,000 for the purpose of acquiring the necessary property; and, to AUTHORIZE the City Manager to cause these funds to be available fbr a reasonable offer to the persons having an interest in said property for the future roadway improvements at this interchange. Ordinance to TRANSFER $2,160, O00 from the Birdneck Road, Phase II [VDOT] to Princess Anne and Kempsville Roads intersection improvements; AUTHORIZE acquisition, by purchase or condemnation, all that real property in fee simple, including temporary andpermanent easements and right-of-way, for this project; and, to AUTHORIZE the City Manager to cause the necessary funds to be available for a reasonable off'er to persons having an interest in said property for the future roadway improvements at this interchange. Refunds: a. Licenses: $14, 668.15 b. Meal Tax: $ 1,060.77 c. Tax: $ 5, 809. 33 Council Lady McClanan will ABSTAIN on Item LIO. November 28, 2000 - 12- AGENDA RE VIEW SESSION ITEM # 4 7401 Application of COMMERCIAL INVESTMENT PROPER TIES, L.L.C. for an ~4MENDMENT to the Green Run Land Use Plan to allow fuel sales (six gasoline pumps) in conjunction with a convenience store at the southwest intersection of Buckner Boulevard and S. Rosemont Road, containing 1.6 acres (PRINCESS ANNE - DISTRICT 7). This application will be DEFERRED INDEFINITEL Y, B Y CONSENT. ITEM # 47402 Application ofBONNEYBRIGHT for a Conditional Use Permit for a borrow pit expansion on the east side of Princess Anne Road beginning at 2,172 feet south of the intersection with Pocahontas Club Road, containing 162 acres (PRINCESSANNE - DISTRICT 7). This item will be discussed during the Formal Session. Council Members referenced the full page ad in The Virginian-Pilot of November 28th urging opposition to this application. Said ad was sponsored by Essence of Back Bay. ITEM # 4 7403 Application of OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOC. INC., for a Conditional Use Permit for a community pier on the west side of Sandpiper Road, south of Kabler Road, containing 62.573 acres (PRINCESS ANNE- DISTRICT 7 Council Lady Henley advised speakers will be registered for this item. ITEM # 4 7404 Application of OCEAN TIDE ASSOCIATES for a Change qf Zoning District Classification from B-4 Resort Commercial District to A-18 Apartment District with a PD-H2 Planned Unit Development Overlay at the southwest corner of Shore Drive and Jade Street on Lots' 1 through 8, Block 7, Plat of Lynnhaven Shores, containing 1.02 acres (L YNNHA VEN- DISTRICT 5). Assistant City Attorney Macali advised the property is composed of eight (8) separate recorded lots. The Billboards are on the two westernmost lots. These lots have been withdrawn from the application for development because of this Billboard controversy. The Virginia Supreme Court is hearing one of the cases involving the Billboards and has granted Adams Advertising's appeal. If the Court decides the Billboard was unlawfully expanded, then the Billboard will have to be removed. The decision should be prior to the end of 2001. The applicant has expressed concern with Condition No. 14: A right-of-way reservation of 8. 5feet along Shore Drive shall be indicated on the development site plan prior to the issuance of any necessary site development approvals'. Mr. Macali advised this' is a separate issue from the Billboards. The City Manager advised theirproposed building is directly in the path of the Southeastern Parkway. 350 feet of their site is impacted directly by the Parkway where it would interchange with 1-264. Councilman Branch advised the applicant wished to make a presentation. November 28, 2000 - 13- AGENDA RE VIEW SESSION ITEM # 4 7405 Applications of OXFORD PROPERTIES, LLC, d/b/a DAM NECK SELF STORA GE, on the east side of General Booth Boulevard, north of Culver Lane (1874 General Booth Boulevard), containing 2.318 acres (PRINCESS ANNE - DISTRICT 7): Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-IA Limited Community Business District b. Conditional Use Permit for mini-warehouses This item will be discussed during Formal Session. ITEM # 4 7406 Resolution referring to the Planning Commission proposed amendments to 3~ 203 and 230 of the City Zoning Ordinance (CZO) to revise the requirements for off-street vehicularparking for churches in shopping centers and to clarify such requirements for usex permitted pursuant to a Conditional Use Permit (CUP). Assistant City Attorney Macali advised Council Lady McClanan, the proposed amendments: (1) establish that the parking requirement for a church located in a shopping center is to be specified by the City Council in the Conditional use permit allowing such church; (2) delete such churches from the calculation of parking requirements in shopping centers; and (3) clarify that the parking requirement for conditional uses is that which is specified in the conditional use permit, and that if no such requirement is specified in the use permit, the requirement is as set forth in Section 203. The Shopping Center's parking requirement does not include the churches. ITEM # 47407 BY CONSENSUS, the following shall compose the Planning By Consent Agenda J. 2 Application of SANDY JACKSON for an enlargement of a nonconforming use (expanding the dwelling's square footage) at the southeast corner of 22~a Street and Baltic Avenue (430 22*~ StreeO, containing 9,100 square feet (BEACH- DISTRICT 6). Application of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an AMENDMENT to the Green Run Land Use Plan to allow fuel sales (six gasoline pumps) in conjunction with a convenience store at the southwest intersection of Buckner Boulevard and S. Rosemont Road, containing 1.6 acres (PRINCESS ANNE- DISTRICT 7). Application of GRISWORLD, INC., for a Conditional Use Permit for a miniature golf course, bicycle rental, amusements, and a concessionaire snack bar at the southeast corner of Pacific Avenue and 22~'~ Street (2109 Pacific Avenue), containing 21, 780 square feet (BEACH DISTRICT - 6). November 28, 2000 -14- AGENDA RE VIEW SESSION ITEM # 4 740 7 (Continued) Applications of VEHICLE RECYCLING SOL UTIONS, LLC at the northeast intersection of Sykes Avenue and Southern Boulevard (1 O0 Sykes Avenue), containing 23.52 acres (BEACH- DISTRICT 6): Change o£ Zoning District Class!~'cationfromI-1Light Industrial District to Conditional 1-2 Heavy Industrial District Conditional Use Permit. for the storage or processing of salvage, scrap or junk autos Resolution referring to the Planning Commission proposed amendments to 3~'~' 203 and 230 of the City Zoning Ordinance (CZO) to revise the requirements for off-street vehicularparMng for churches in shopping centers and to clarify such requirements fbr uses permitted pursuant to a Conditional Use Permit (CUP). Item J. 2. shall be DEFERRED INDEFINITEL Y, B Y CONSENT. Item J. 7 shall be DEFERRED until the City Council Session of December 12, 2000, B Y CONSENT. November 28, 2000 - 15- CITY COUNCIL COMMENTS 4:05 P.M. ITEM # 4 7408 Mayor Oberndorf advised this morning, November 28, 2000, the first Incubator Technology was opened with the assistance of NASA, the Hampton Raods Partnership, and most importantly this was a partnership between the City of Norfolk ($25,000) and City of Virginia Beach ($25, 000). This facility is located nearly on the boundary line between l~irginia Beach and Norfolk (formerly Koger Center). Terry Redly of Technologies, Inc. is involved. A number of high tech companies have been established in these Incubators. Don Maxwell, Director of Economic Development, was one of the "driving forces ". ITEM # 4 7409 Council Lady McClanan referenced the correspondence of Ellis G. Holloway dated November 20, 2000. Mr. Holloway apologized for his remarks before City Council on November Fourteenth and requested RECONSIDERA TION of the application for CHECKERED FLAG MOTOR CO. Mr. Holloway requested this application be RECONSIDERED in January. The City Attorney advised this request should be brought to the City Council Session of December 5, 2000, to determine the merits for scheduling a date for RECONSIDERATION (January 9, 2000): Applications of CHECKERED FLAG MOTOR CAR CO., on the west side of North Lynnhaven Road, south of Virginia Beach Boulevard (263 and 267 North Lynnhaven Road), containing 40, 075 square feet (ROSE HALL - DISTRICT 3): Change of Zoning District Classification from R-10 Residential District and B-2 Community Business District to Conditional B-2 Community Business District b. Conditional Use Permit for motor vehicle sales (expansion) [Denied 14 November 2000] ITEM # 47410 Council Lady Wilson referenced the article in The BEACON, November23, 2000, relative citizens utilizing parking at the Oceanfront, due to reduced rates, in record numbers. Council Lady Wilson inquired whether this article was referencing a possible study to raise the parking rates for the City's residents. The City Manager advised the discussion referenced in the article occurred at a Sub Committee Meeting of the Resort Advisory Council on November 2, 2000. Henry Ruiz, Parking Systems Administrator, was giving a progress report relative the parking system. During the 2000 Season, the revenue increased over 41%o; 1999 - 36%; and 1998 - 31%. There has been a tremendous increase in the utilization of parking and parking revenues. There was no intent to increase the parking rate for residents. The revenues for parking for the 2000 Season were $1.4-MILLION. The City Manager shall provide the amount which m~v be short for the operating costs of the parking system. ITEM # 47411 Mayor Oberndorf advised on November 29, 2000, she will travel to Israel as part of a Special Mission of six U.S. Mayors who will meet with President Moshe Katsav, the Mayors of lsrael's three largest cities and the U.S. Ambassador to Israel, Martin Indyk. Mayor Oberndorf will be the only female Ma~vor participating in this special mission. This mission will also include Boise Mayor H. Brent Coles, Beaumont Mayor David Moore, North Little Rock Mayor Patrick Henry Hays, Saint Paul Mayor Norm Coleman and Stamford Mayor Dannel Malloy. The Mission is co-sponsored by the American Jewish Congress, the Israel Ministry of Tourism and the U.S. Conference of Mayors. The Mayoral delegation will present letters to Mayors Ehud Olmert of Jerusalem, Ran Hulda'i of Tel Aviv and Amram Mitzna of Haifa urging an end to the violence in Israel and call for resumption of peace negotiations. Mayor Oberndorf will be returning December Fourth. Mayor Oberndorf stated this trip involves no city funds as have all her other overseas visits. Nove~nber 28, 2000 -16- ITEM # 4 7412 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, November 28, 2000, at 4.'30 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. clones, Robert C. Mandigo, Jr., Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Absent: William W. Harrison, Jr. November 28, 2000 -17- ITEM # 47413 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration 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). Boards and Commissions: Board of Building Code Appeals Community Policy and Management Team (CSA) Francis Land House Board of Governors Southeastern Public Service Authority (SPSA) Virginia Beach Foundation - Distribution Committee PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-heM real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). Acquisition/Disposition of Property - Lotus Creek Property - Stumpy Lake LEGAL MA TTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Acquisition of Property - Stumpy Lake Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. Councilman Harrison arrived immediately after this vote. (Time of Closed Session: 4:32 P.M. to 5:45 P.M.) November 28, 2000 - 18- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 28, 2000 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL the Council Chamber, City Hall Building, on Tuesday, November 28, 2000, at 6.'00 P.M. Council Members Present: Linwood O. Branch, III, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: Margaret L. Eure INVOCATION: Reverend Constance Lou for Reverend Charles H. Williams (who was stuck in traffic) Morning Star Baptist Church [Council Lady Eure returned to the Formal Session at 6.'30 P.M.] PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, DISCLOSED there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this' Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made a part of the record. November 28, 2000 Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 47414 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE CLOSED 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 Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 1 O- 0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members' Absent: Margaret L. Eure November 28, 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSIONi pursuant to the affirmative vote recorded in ITEM #47413, Page 17, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. City Clerk November 28, 2000 - 20 - Item V-F. 1. MINUTES ITEM # 47415 Upon motion by Councilman Mandigo, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 14, 2000. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, dr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Robert C. Mandigo, dr., , Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 Item V-G. -21 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 47416 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 28, 2000 Item V-H. 1. - 22 - PUBLIC HEARING ITEM # 4 741 7 Mayor Oberndorf DECLARED A PUBLIC HEARING: TAX EXEMPTION: Salem Woods Civic Association, Inc. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 28, 2000 Item V-H.2. ~ 23 - INTRODUCTION ITEM # 47418 Mayor Oberndorf recognized the following Boy Scout Troops in attendance to earn their merit badges for citizenship in the community: BOY SCOUT TROOP 471 Mike Martin Scout Master Salem United Methodist Church BOY SCOUT TROOP 419 Kevin Mooney Scout Master Kings Grant Presbyterian Church November 28, 2000 Item V-H. 3. - 24 - PRESENTATION ITEM 14 47419 Mayor Oberndorf is an extraordinary woman. To recognize her achievements, Vice Mayor Sessoms and his fellow Council Members' "surprised" the Mayor during the City Council Session of November 28, 2000. The City Council in one body PROCLAIMED this day as the Mayor's own. "Meyera : Your leadership began with your appointment to the Public Library Board and their recognizing your qualities to elect you as their Chair. From there, you transitioned your capabilities and, in 1976, became the first woman ever elected to the Virginia Beach City Council. You served as Vice Mayor and, in 1988, overwhelmingly became the first directly elected Mayor of the largest City in the Commonwealth of Virginia and the first woman to ever serve this City as its Mayor. Your leadership was again recognized with your active participation in the National League of Cities - - and this was another "first" with your appointment to numerous NLC committees, your current appointment being a member of the National League of Cities Advisory Board. You successfully brought this' prestigious League to Virginia Beach when the National League of Cities Steering Committee on Energy, Environment and Natural Resources met here June 7 - 10, 1990. You have been actively recognized by the United States Conference of Mayors where you were selected as one of the Mayoral delegation to participate in the 10th Jerusalem Conference of Mayors, April 1990. You now serve as one of the USCM Trustees and a member of their Presidential Policy Transition Team on Human Dignity and Diversity. Sister Cities' International selected you as the "Host Mayor"for their international "people to people" visit to Ireland where you spent an evening with Ambassador Jean Kennedy Smith. It was through this exchange that North Down Co., Bangor, Ireland, learned about this resort city in Virginia and they will soon become one of our Sister Cities: Moss, Norway -- Miyazaki, Japan -- and North Down Co, Bangor, Ireland. You were invited and spoke at the House of Commons in London, Englan& and, at your own expense, you and Roger again visited Bangor, Ireland. It was your thoughtfulness and leadership that arranged with BRA CH 's Candy and the United States Navy to ship seven (7) tons of M & M's to the men and women fighting in Desert Storm. Your international flair brought letters from the military men and women who wrote "thank you's" from as far away as Scotland because they were touched by your kindness and the chocolate "that doesn't melt" candies shared by our soldiers, sailors, marines and airmen. You have again brought honor to Virginia Beach with the academic degree of Doctorate of Law from Old Dominion University and a previous one from Johnson Wales Universi(v. Now, you, the Mayor of Virginia Beach, have christened and will sponsor the Cutter "BELUGA" (WPB 87325) for the United States Coast Guard. You participated in the commissioning ceremony, the most important ceremony in the history of a Coast Guard Cutter. Meyera, what can we say except that we are proud and honor you. So, today, in the city where history meets the sea, we, the members of the Virginia Beach City Council PROCLAIM: MAYOR MEYERA E. OBERNDORF DAY Given under our hands and seals this Twenty-eight day of November, Two Thousand. Vice Mayor William D. Sessoms, dr. Linwood O. Branch, III Margaret L. Eure William W. Harrison, Jr. Barbara M. Henley Louis R. Jones Reba S. McClanan Robert C. Mandigo, dr.. Nancy K. Parker Rosemary Wilson" November 28, 2000 - 25 - Item V-I. RESOL UTIONS/ORDIN.4NCES ITEM # 4 7420 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED IN ONE MOTION, Resolutions/Ordinances 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the CONSENTAGENDA. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IIL William W. Harrison, dr., Barbara M. Henley, Louis R. clones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure Council Lady McClanan ABSTAINED on Item L lO. November 28, 2000 - 26- Item V-I. 1. RESOL UTIONS/ORDINANCES ITEM # 4 7421 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution re legislation by the 2001 Virginia General Assembly to designate SALEM WOODS CIVIC ASSOCIA TION, INC. as TAX EXEMPT from state and local real and personal property owned by the Association. Voting: 10-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McCanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November28, 2000 1 2 3 4 5 6 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY THE SALEM WOODS CIVIC ASSOCIATION, INC., AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, The Salem Woods Civic Association, Inc., has requested the Council of the City of Virginia Beach adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6(a)(6) of the Constitution of Virginia to designate the real and personal property of The Salem Woods Civic Association, Inc., as being exempt from state and local real and personal property taxation; WHEREAS, The Salem Woods Civic Association, Inc., owns real property in the City of Virginia Beach assessed at $229,547 in tax year 2000-01, and taxes on this property are $2800.50 in tax year 2000-2001; WHEREAS, The Salem Woods Civic Association, Inc., owns personal property in the City of Virginia Beach, that has an estimated value of $1325, and taxes on this property would be $19.61 in tax year 2000; WHEREAS, pursuant to § 30-19.04(B) of the Code of Virginia, the Council of the City of Virginia Beach has properly advertised and conducted a public hearing prior to the adoption of this resolution, giving all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04(B) of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that The Salem Woods Civic Association, Inc., should be designated as a benevolent organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by The Salem Woods Civic Association, Inc., and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach, Virginia supports the enactment of legislation designating The Salem Woods Civic Association, Inc., as a benevolent organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia and exempting from state 34 35 36 37 36 and local property taxation all real and personal property owned by The Salem Woods Civic Association, Inc., that is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of November., 2000 CA7917 F 5DataXATY~Ordin\NONCODE\salemwoods taxex.res.wpd November 17, 2000 R3 APPROVED AS TO LEGAL SUFFICIENCY: ~ty Attomey'rs Offi~" t -27- Item V-L2. RESOL UTIONS/ORDINANCES ITEM # 47422 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution re the VIRGINIA BEACH YOUTH PLAN as a community guide for addressing the needs of youth and their families. Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 1 2 3 A RESOLUTION ADOPTING THE CITY OF VIRGINIA BEACH YOUTH PLAN AND ITS VISION "ALL OUR CHILDREN ARE WELL" 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the success of our youth is indicative of the success of the City, and the future of our community depends on the quality of opportunities which allow youth to reach their full potential; WHEREAS, by attending to the physical, mental, emotional, social and spiritual development of our youth, we instill values and provide them the skills, opportunities and confidence they need to succeed as adults, wage earners, parents, citizens and leaders; WHEREAS, the mission of the Youth Opportunities Team is to create and sustain a systems approach to providing youth with opportunities which improve their quality of life, increase their chances for achievement, promote their development into responsible citizens, and prevent or reduce youth problems; WHEREAS, this mission applies to all Virginia Beach youth, 24 hours a day, 365 days a year; WHEREAS, research indicates that the more assets youth possess, the more likely they are to succeed and the less likely they are to become involved in risky behavior; WHEREAS, in furtherance of its mission, the Youth Opportunities Team has written a Youth Plan, which is built on a foundation of community input regarding youth needs and issues; and WHEREAS, the Youth Plan demonstrates a prevention approach in which every community member can play a role. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby adopts the City of Virginia Beach Youth Plan as a community guide for addressing the needs of youth and their families; 27 28 2. That City Council hereby adopts the Community's Vision for Youth, "All Our Children Are Well"; and 29 30 31 32 o Youth Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the November, 2000. That City Council hereby urges all community members to embrace and utilize the 28 day of CA-7868 ORDINkNONCODE\Youth Plan. Res Prepared: November 21, 2000 R5 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office - 28 - Item V-L3. RESOL UTIONS/ORDINANCES ITEM # 4 7423 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution AFFIR31ING the City Attorney's appointment of Carol W. Hahn as Assistant City Attorney, effective I1 December 2000. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 A RESOLUTION APPOINTING CAROL W. HAHN TO THE POSITION OF ASSISTANT CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the Code of the City of Virginia Beach, Virginia, Carol W. Hahn is hereby appointed to the position of Assistant City Attorney, effective December 11, 2000. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of November, 2000. CA-7906 DATA~ATY~ORDIN\NONCODE\HAHN.RES November 22, 2000 R2 APPROVED .AS TO LEGAL SUFFICIENCY: City Attorney - 29 - Item V-I. 4. RESOL UTIONS/ORDINANCES ITEM # 4 7424 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance re a Cooperative Agreement between the City Council and the Virginia Beach School Board pertaining to the provision of legal services to the School Board by the Office of the City Attorney in the FY 2000-O1 operating budget. Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN CITY COUNCIL AND THE VIRGINIA BEACH SCHOOL BOARD PERTAINING TO THE PROVISION OF LEGAL SERVICES TO THE BOARD BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2000-2001 WHEREAS, the Office of the City Attorney provided legal services to the Virginia Beach School Board and School Administration in FY 1999-2000 pursuant to a "Cooperative Agreement" which was approved by the Board on July 6, 1999, and by City Council on July 13, 1999; WHEREAS, the "Cooperative Agreement" for FY 1999-2000, which expired on June 30, 2000, provides that "It]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year "- WHEREAS, a revised "Cooperative Agreement" for FY 2000- 2001 was approved by the School Board at its meeting of November 7, 2000; and WHEREAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised "Cooperative Agreement" for FY 2000- 2001. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby approves the Cooperative Agreement which is attached hereto as Exhibit A; and 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of November, 2000. CA-7905 DATA\ATYkORDIN~NONCODE \LEGALSER . ORD NOVEMBER 17, 2000 Ri APPROVED AS TO LEGAL SUFFICIEN : Department of Law Exhibit A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2000-2001 Factual Backe_ round; 1. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and of all departments, boards, commissions and agencies of the City in all matters affectiot~ the interests of the City, and that he shall have such powers and duties as may be assigned by the Council. 2. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. The School Board is estabhshed by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to. Pay for such advice out of funds appropriated to the School Board. 5. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City and School Board matters, institutional memory, and the ability of the City Attorney's Office to provide a wide range of legal services to the Board based upon the expertise of the attorneys in numerous specialized areas of the law. 6. The Virginia Code of Professional Responsibility for the Legal Profession requires the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. The City Council and the School Board recognize that the potential for conflicting interests between the Council and the Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the Board. 2 Objectives: The objective of this Cooperative Agreement is to del:me the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. The Office of the City Attorney will provide the equivalent of three (3) full-time attorney positions (or 4950 hours per year) and one (1) secretarial position during FY 2000-01; these services to be provided as follows: A. The Office of the City Attorney will dedicate one full-time attorney at a minimum of the Deputy level and one full-time attorney at a minimum of the Attorney III level, or as otherwise mutually agreed. The dedicated attorneys will be located in the School Administration Building and will devote all of their time (i.e., 3300 hours per year) to the provision of legal services to the School Board and School Administration. B. During the term of this Agreement, the dedicated attorneys shall be John F. Newhard, Jr., and Kamala Hallgren Lannetti, subject to reassignment in the judgment of the City Attorney; provided, however, that selection of the dedicated attorneys shall be mutually agreed upon. Additionally, if a majority of the members of the Board express dissatisfaction with the legal services provided by 3 the dedicated attorneys, or by any other attorney providing services to the Board, the City Attorney will meet with the Board to discuss and evaluate its concerns. Furthermore, if the Board and the City Attorney agree that the most reasonable way to address the Board's concerns is to assign another attorney or other attorneys to represent the Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. C. In addition to the dedicated attorneys, the Office of the City Attorney will also provide an additional 1650 hours per year of legal services to the School Board and School Administration. These services will be provided by the other attorneys in the Office, based upon their various areas of expertise with school- related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation; and, with the exception of major special education issues, will endeavor to handle as many other legal matters in-house as it is capable of handling subject to the provisions of this Agreement. 2. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the Board and the Division Superintendent, and will keep them apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Division Superintendent concerning those matters 4 being handled on a confidential basis for the School Board or for individual Board members in accordance with applicable Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board a quarterly report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the Board, the Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual Board members. 3. Board shall The City Council and the School Board recognize and understand that the School be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the Board and the School Administration, and shall assist the Board and Administration in the management of the Board's legal matters; and that the City Attomey shall report to the Board concerning those matters he has been assigned by the Board to manage and/or handle on its behalf. 4. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. The City shall forward to the School Board IDT requests in the amount of $287,162.25 from its FY 2000-01 Operating Budget to the FY 2000-01 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of one (1) Deputy Attorney, one (1) Attorney III, one (1) Attorney II, and one (1) Legal Secretary I. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2000, and ends June 30, 2001, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. 6 9. This Agreement shall be submitted to, and approved by, the City Council and the School Board prior to November 28, 2000. SCHOOL BOARD OF CITY OF VIRGINIA BEACH Daniel D. Edwards Chairman CITY COUNCIL, CITY OF VIRGINIA BEACH By: Meyera E. Oberndorf, Mayor School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on ~tov¢mbe,- ~ ,2000. School Board Clerk City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2000. By: City Clerk F:\U~LB~bb\WP\WORK\COOPAGREE1000 7 - 30- Item V-I. 5. RES O L UTI ONS/ORD INANCES ITEM # 4 7425 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute an agreement between the City [Fire Department] and the United States of America for the acquisition of equipment under the Nunn-Lugar-Domenci Act to address the ever growing threat of incidents involving weapons of mass destruction. Voting: 10-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 1 2 3 4 5 6 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE UNITED STATES OF AMERICA FOR THE ACQUISITION OF EQUIPMENT UNDER THE NUNN-LUGAR- DOMENICI ACT. 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the United States Congress enacted the Nunn-Lugar-Domenici Act (the "Act") to provide 157 cities throughout the United States with training, tabletop/field exercises, and equipment to address the ever growing threat of incidents involving Weapons of Mass Destruction; WHEREAS, the City of Virginia Beach was among those cities chosen for the implementation of the program set forth in the Act; WHEREAS, the City of Virginia Beach has completed its training and exercise phases and is now ready to receive the equipment provided under the Act; WHEREAS, the equipmentnecessaryto complete the implementation of the program under the Act may be obtained solely through the execution of an agreement with the U.S. Department of Defense, Division of the Army; and WHEREAS, the City's Fire Department, who has been tasked under the Act with the implementation of the program, has determined that without the equipment, the City may not be fully prepared to address an incident involving Weapons of Mass Destruction. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute the agreement between the City and the United States of America for the acquisition of equipment under the Nunn-Lugar- Domenici Act. Adopted by the Council of the City of Virginia Beach, Virginia, on thep_ a November ,, 2000. day of CA-7881 F:\inbasket\SPOYNER\nunn.ord.wpd R-1 11/06/00 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney SUMMARY OF TERMS AGREEMENT FOR THE ACQUISITION OF EQUIPMENT UNDER THE NUNN - LUGAR - DOMENICI ACT OWNER: BORROWER: TERM: The United States of America. The City of Virginia Beach. Five Years from the date of execution of the Agreement SPECIAL TERMS AND CONDITIONS: The equipment necessary for the complete implementation of the Nunn-Lugar Program will be loaned to the City of Virginia Beach at no cost to the City. The City shall maintain the equipment in good condition and shall provide an annual inventory of the equipment to the U.S. Department of Defense, Division of the Army (the "Government"). On or about the last day of the term of this Agreement, the City shall return the equipment to the Government in good condition, reasonable wear and tear excepted, and to the extent the equipment is consumed, unless the Govemrnent designates otherwise. This Agreement may be terminated by either party 90 days after the receipt of written notice thereof. F:\inbasket\SPOYNERXnunn.sum.wpd Item V-l. 6. a. -31 - RESOL UTIONS/ORDINANCES ITEM # 47426 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachment: MARGUERITE W. DICKERSON: to construct and maintain a floating dock, ramp and mooring piles into the City-owned Lake Wesley, adjacent to the rear portion of their property at 569 Virginia Dare Drive in the [Beach District - No. 6] The following conditions shall be required: The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary' to file or defend an action arising out of the location or existence of the temporary encroachment. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicant understands and agrees that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and ali insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. November 28, 2000 Item V-I. 6. a. - 32 - RESOLUTIONS/ORDINANCES ITEM # 47426 (Continued) The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100. 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IIL William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S LAKE KNOWN AS LAKE WESLEY LOCATED ADJACENT TO THAT PROPERTY KNOWN AS 569 VIRGINIA DARE DRIVE BY MARGUERITE W. DICKERSON, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, MARGUERITE W. DICKERSON, desires to construct and maintain a floating dock, ramp and mooring piles into the City's lake which is adjacent to the rear portion of their property located at 569 Virginia Dare Drive, Virginia Beach, Virginia 233451, (GPIN 2426-29-7352). WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended Marguerite W. Dickerson, her heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a floating dock, ramp and mooring pile into the City's lake known as Lake Wesley as shown on the plat entitled: "PLAN VIEW PROPOSED PRIVATE PIER FOR MARGUERITE W. DICKERSON 569 VIRGINIA DARE DRIVE, VIRGINIA BEACH, VA 23451 (M.B. 37 PG. Department of Public description; and 11) DATE: JULY 17, 2000," a copy of which is on file in the Works and to which reference is made for a more particular 29 3O 31 32 33 34 35 36 37 38 39 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Marguerite W. Dickerson (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Marguerite W. Dickerson and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 s day of November ,2000. 4O 41 CA- PREPARED:LDH APP~IxOVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND CITY ATTORNEY LOCATION MAP SCALE : 1" = 1~600' · PROPOSEDFLOATING DOCK, RAMP AND~ MOORING PILES ~ ~£NCROACHMFNIS INIO [CITY OWNED LAKE WESLEY__ ~ FOR ~~___~ MARGUERITE WuDICKERSON~ M.J.S./HAYES AGENDA. DGN PREPARED BY P/vV ENG. DRAFT. 31-OCT-2000 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58. !-81 l(cX4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MARGUERITE W. DICKERSON, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 17, Resubdivision of Croatan, Map Book 37 Page 11" and being further designated and described as 569 Virginia Dare Drive, Virginia Beach, Virginia 23451; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a floating dock, ramp and mooring piles, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City lake known as Lake Wesley, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2426-29-7352 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PLAN VIEW PROPOSED PRIVATE PIER FOR MARGUERITE W. DICKERSON, 569 VIRGINIA DARE DRIVE, VIRGINIA BEACH, VA 23451 (M.B. 37 PG. 11) DATE: JULY 17, 2000," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 2 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly Understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereat~er, and 3 may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Marguerite W. Dickerson, the said Grantee has caused this Agreement to be executed by her signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ day of ,20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 day of , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 5 STATE OF CITY/COUNTY ~F' -,'{, ~ IP&a c4 , to-wit: The foregoing instrument was acknowledged before me this . . 0 ~ ,'l~v~v, by Marguerite W. Dickerson. My Commission Expires: [~-- day of__ APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT C64'¥Y REAL ESTATE AGENT 6 PIOO~iN~ PILE EXHIBIT "A"- LAi<E UJESLE¥ I"lkW tLIIDTI4 ,aT SITE 2~,~'4' I~.OATIN~ ~ AT N/F ~INA AN~TAI. T 242~,-2~-92o I nl~.e, TOla'r N~ ILl. 242~,-2a~.'14'11 LOT rl R.~8~1' PIN CF) 1.' I~.~' PIN (F) V'II~iNI,4, DAFRE DI~IVE (50' i. AT; N 5~,'4~41' L.ON; UJ (~ 2~ UJATE~NT CON,.q, ULTING, INC 4~a'~, NANOVHR COURT VIRGINIA !~6,Gi4, VA 2~4&4 FAX: ('15'D PLAN vIEUJ PROPOSED PRIVATE PIER HARGUEt~ITE LU. DICKEI~ON 5&~j V'II;~GINIA DARE DI~iV'E V'II;~iNIA E~EACId, VA 23451 (M.IE~. 3,3 t='G. II) DATE: JUL"r' I'1, 2000 Item V-I. 6.b. - 33 - RESOL UTIONS/ORDIN,4NCES ITEM # 47427 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ,4DOPTED: Ordinance to .4 UTHORIZE temporary encroachment: G,4R Y W. FINKBEINER: to construct and maintain a wooden bulkhead, stone rip rap and wooden dock into the City-owned drainage easement and waterway canals at the rear of his property at 901 Verano Court [Princess Anne District No. 7] The following conditions shall be required: The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicant understands and agrees that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500, 000), combined single limits' of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities', vested or contingent, with relation to the temporary encroachment. November 28, 2000 Item V-I. 6. b. - 34- RESOLUTIONS/ORDINANCES ITEM # 47427 (Continued) The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any mannerprovided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary V/ilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S EXISTING 100' DRAINAGEAND PUBLIC USE EASEMENT AND A PORTION OF THE CITY'S EXISTING 150' DRAINAGE EASEMENT LOCATED AT THE REA/~ OF 901 VERANO COURT BY GA/~Y W. FINKBEINER, HIS HEIRS, ASSIGNS A_ND SUCCESSORS IN TITLE WHEREAS, Gary W. Finkbeiner desires to construct and maintain a wooden bulkhead, stone rip rap and a wooden dock into the waterway canals designated as "100' Drainage & Public Use Easement" and "150' Wide Drainage Easement", located at the rear of Lot 250, Section 6, Phase 3, Lago Mar Subdivision; and WHEREAS, City Council is authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gary W. Finkbeiner, his heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a wooden bulkhead, stone rip rap and a wooden dock into the waterway canals designated as "100' Drainage & Public Use Easement" and ~150' Wide Drainage Easement", located at the rear of Lot 250, Section 6, Phase 3, Lago Mar Subdivision, as shown on the map entitled: "PROPOSED BULKHEAD AND RIP RAP IN A CANAL OF LAGO MAR VIRGINIA BEACH, VA. APPLICANT: GARY W. FINKBEINER SHEET: 1 OF 4" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and 37 38 39 40 41 42 43 44 45 46 Gary W. Finkbeiner, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Gary W. Finkbeiner and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of November , 2000. ,~y/f/~fo~ AS TO CONTENTS DEPARTMENT APPROVED AS TO LEC, AL CITY ATTORNEY PREPARED BY VIRGINIA BEACtt CITY ATYORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 I(aX3) AND 58.1-8 i I(eX4) REIMBURSEMENT AUTttORIZED UNDER SECTION 25-249 TH1S AGREEMENT, made this ~ret day of ~og~_u~g'~, 2000, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GARY W. FINKBEINER AND LORRAINE S. FINKBEINER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 250, Section 6, Phase 3, Lago Mar Subdivision" and being further designated and described as 901 Verano Court, Virginia Beach, Virginia 23456. GPIN 2424-02-0707; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a wooden bulkhead, stone rip rap, and wooden pier, Beach; and "Temporary Encroachment", in the City of Virginia WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 100' Drainage and Public Use easement and a portion an existing City 150' Drainage easement located at the rear of property known as 901 Verano Court, Encroachment Area"; and the Grantee Virginia Beach, Virginia 23456, "The Temporary has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2424-02-0707 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED BULKHEAD & RIP RAP IN A CANAL OF LAGO MAR VIRGINIA BEACH, VA. APPLICANT: GARY W. FINKBE1NER," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with the .t.hei~, Engineer's cost estimate, to the Office o£Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive 8eneral liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any ofthe insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Gary W. Finkbeiner, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Lorraine S. Finkbeiner APPROVED AS TO LEGAL SUFFIC~ CITY ATTORNEY V REAL'ESTATE AGENT 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this . ,2000, by DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGER/AUTHORIZED My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: BEACH. The foregoing instrument was acknowledged before me this day of , , 2000, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: Notary Public STATE OF ~ . The foregoing instrument was acknowledged before me this '~~ , 2000, by Gary W. Finkbeiner and Lorraine S. Finkbeiner. · Notary Public My Commission Expires: 6 day of / Sq 2" ZZ'OO°E / ~.,~, ~ TOE & BLKO , o~ .rD cu PURPOSE: EROSION CONTROL OATUM: OLW = 0.00, AOJ4¢ENT ~ROPERTY O~NERS CITY OF VA.BEACH PROPOSED RIP/RAP EA TO SE CLEARED BRUSH &. SMALL TREES TOTAL SITE V[LL BE O[S[URBEO Neighberhooc Park V(C[NITY MAP /~-'~ EXHIBIT "A" HOUSE UNOER CONATR~TION '.~ -. / NO V~GETAT[VE WETLANBS IMPACTED · GARY $. FIN~REINE~ PLOT PLAN ['=50' :9Or VERANO COURT VIRGINIA )~ACHoVA.ZSq56 ENCROACHMENT APPL(CATEON APPLIED FOR JULY Zq, ZOOO AFTER MOUSE [$ CO#$T~UCT;O '~ ~.v. 7/~0 ~E,,'. 31912000 ReV.g/ZG/(X) R~AL ESTAT~ REv.iO/19/O0 APPLICANT: ~8q CORAL ~EY VIRGINIA eEACH,VA.ZBq52 AGENT: KEN THOMPSON ~705 ~osuN DRIVE CHRSAPEA~E,VA.Z~2i ~AT N36'qS'09' LONG W75 59'06' \ PROPOSED BULKHEAD & RIP RAP IN A CANAL OF LAGO MAR VIRGINIA 9EACH,VA. APPLICANT: SHEET I OF 4 SUBO[VTS[ON Lx~O MAR SECT.6 ~HAS~ ~ LOT NO. ZSO' MB zqz PG 57 LOCATION MAP SCALE : 1" = 1,600' Gpin 242a,.02.0707 LO MAP ..'" OF,,ENCROACHME ;., GARY W. FINKBEINER~ ' 901 VERANO >,_,COURT eee ANNAS AGENDA. DGN /M.J.S. PREPARED BY P/W ENG. DRAFT. OCT. 30, 2000 - 35- Item V-L 7. RESOL UTIONS/ORDINANCES ITEM # 4 7428 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $400,387 from the Commonwealth of Virginia Tourism Corporation to the FY 2000-01 operating budget of the Department of Convention and Visitor Development for the purpose of expanding the City's tourism advertising program and increase estimated revenues accordingly. Voting: 10-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, ,Ir., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Appropriation of $400,387.00 Received from the Virginia Tourism Corporation (VTC) for Cooperative Tourism Advertising MEETING DATE: November 28, 2000 Background: The Commonwealth of Virginia through the Virginia Tourism Corporation (VTC) established a COOPERATIVE TOURISM ADVERTISING FUND for FY 2000-2001. The emphasis of the program is on the development of partnerships and new and innovative ways to increase out-of- market visitation to the Commonwealth of Virginia. The awarding of funds is based on a pro rata formula whereby funds raised or committed to a qualifying marketing program by an applicant would be supported with funds of the Commonwealth. Considerations: The City of Virginia Beach Department of Convention and Visitor Development developed two programs selected for funding: (1) Loonie Savers - A statewide program targeting Canadian couples and families traveling with children. This program includes per inquiry television and public relations components along with a Canadian coupon book offering 50% off, or two for one offers. Partner Contributions: $110,000.00 VTC Coop Marketing Award: $ 56,105.00 (2) Coastal Virginia Getaways - Regional year-round vacation packages targeting families with children and couples. Packages can also be built "A la Carte" and booked via a toll-free number, through travel agents, or directly on the web site. Partner Contributions: $675,000.00 VTC Coop Marketing Award: Total VTC Award: $344,282.00 $4OO,387.OO The awarding of cooperative funds is based on a percentage formula of funds committed to the cost of the program. The Coastal Virginia Getaways partner contributions include $150,000.00 from the Norfolk Convention and Visitors Bureau (NCVB). Thus far, NCVB has indicated that they will not honor their commitment to this program. If the Coastal Virginia Getaways partnership is unable to replace the $150,000.00, based on the Commonwealth's award formula, $78,507.00 of the VTC cooperative marketing award will be returned to the Commonwealth. Attachments: Program Budget Sheets Copy of Award Agreement Recommended Action: Appropriation of $400,387.00 into the Tourism Advertising Program Budget of the Department of Convention and Visitor Development Submitting Department/Agency: Convention and Visitor Development City Manager 1 2 3 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE $400,387 FROM THE COMMONWEALTH OF VIRGINIA THROUGH THE VIRGINIA TOURISM CORPORATION TO THE FY 2000-01 OPERATING BUDGET OF THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT FOR THE PURPOSE OF EXPANDING THE CITY'S TOURISM ADVERTISING PROGRAM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 WHEREAS, the Tourism Advertising Program Fund was established by the City Council to provide a consistent funding source for both the City's tourism advertising program and for the Visitor Information Center; WHEREAS, the Commonwealth of Virginia, through the Virginia Tourism Corporation ("VTC"), has established a Cooperative Tourism Advertising Fund to develop partnerships and new and innovative ways to increase out-of-market visitation to the Commonwealth; WHEREAS, the Department of Convention and Visitor Development ("CVD") has developed two programs selected by the VTC to receive funding that will expand CVD's out-of-market tourism advertising efforts; and WHEREAS, funds previously appropriated in CVD's FY 2000- 01 Operating Budget for advertising purposes will be used as matching funds for the award. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $400,387 is hereby accepted from the Commonwealth of Virginia and appropriated to the FY 2000-01 Operating Budget of the Department of Convention and Visitor Development to expand the City's out-of-market tourism advertising efforts. 2. That estimated revenue from the Commonwealth of Virginia is hereby increased by $400,387. 35 36 37 38 39 40 41 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of November, 2000. Requires an affirmative vote by a majority of the members of City Council. CA7922 F:~Data~ATY~Ordin~NONC0DE~CVD advertising.ord.wpd November 20, 2000 R-2 44 45 46 47 APPROVED AS TO CONTENT: Mana~e~n~ services~ ~~__~ APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office 2 VIRGINIA TOURISM CORPORATION COOPERATIVE TOURISM ADVERTISING FUND FY 2000 - 2001 PROGRAM BUDGET SHEET Loonie Savers Cooperative Partners: City of Virginia Beach Golf Williamsburg Metropolitan Washington Airports Authority Total Budget $ 50,000 10,000 50,000 $110,000 Coastal Virginia Getaways, Cooperative Partners: City of Hampton City of Norfolk City of Virginia Beach MacArthur Center Total Budget $110,000 150,000 400,000 15,OOQ $675,000 VIRGINIA TOURISM CORPORATION COOPERATIVE MARKE~G FUND FY 01 (July I, 2000 - June 30, 2001) AWARD AGREEMENT Applicant #: Virginia Beach Department of Convention and Visitor Development Applicant Organization/Contact: Jim Ricketts Project Reference/Name: Virginia Beach Amount Applicant and Partners will spend on project in FY 01:5785,000 VTC Award Amount: $400,387 Estimated start date of program: Estimated completion date of program: Terms of Ao~reement: Applicant will utilize the Vir~nia Is For Lovers logo in irs marketing and promotion activities related to the project. Reportin*, requirements: Applicant will provide the VTC w/th inquiry updates, lead generation reports. and other measuring determinates on a semi-annual basis during FY 0 I. A due to the VTC within 45 days of` the program's completion, or by August [ 5,200[, whichever comes first. Applicants may be requested to make oral presentations to the VTC staff. All reporting information should be sent to the attention of Ralph [4. Earnhardt, Cooperative Marketing Fund Administrator, Virginia Tourism Corporation, 90t East Byrd Street, 19th Floor/West, Richmond, VA 232 [9-4048. Fundin~ accountabilities: As a means of ensuring availability of` funds [br the approved project, the applicant shat[ place their funding contribution, plus monies received from the VTC, into a dedicated account or through a dedicated ledger account through which deposits and disbursements may be tracked. The applicant shall, upon 5wit[eh request, provide the VTC with a detailed list of' funds disbursements and account deposits. By signature below, the applicant certifies that partners' funding is available as represented in the application and is guaranteed for project completion. The lead applicant and Federal I.D. # provider is financially responsible ['or the processing and accurate reporting o[' ail project funding and disbursements. If you elect not to accept the Cooperative Tourism N[arketing Proqram t'undinq for FY-0I. place a. check mark in this section anS.~itial. Federal I.D. ,.Number of LeadlYk'/pplicant: _54-0722061 Sig-narure?V/TC Co-op .Administrator, . Date: ~q/"~-'~ Sig-nature ot'VTC President and CEO: . Date: :Vote: Please uevif'u alt of the aboue applicant info~-mation and return as soon as possible. Based upon in~"ormation pro~'ided in your application, your funds ,.,,'ill be issued: August 2000: $200, t9.4.00 October' 2000:5100,097.00 5anuao' 2001' 5t00,096.00 - 36- Item V-I. 8. RESOL UTIONS/ORDINANCES ITEM # 47429 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinances re the Sheriff's Department FY 2000-01 operating budget: APPROPRIATE $1,531,536 of the Department's Special Revenue fund balance re equipment, capital improvements to the Law Enforcement Training Academy, increased salary supplements for Deputies, a new recruitment "reward" program and contributions to the Department's Supplemental Retirement fund ACCEPT and APPROPRIATE $183,023 from the Commonwealth of Virginia Compensation Board; TRANSFER $21,828 from the General Fund Reserve for Contingencies to fund salary increases effective 1 December 2000; and increase estimated revenues from the State Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO APPROPRIATE $1,531,536 OF FUND BALANCE IN THE SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND TO THE SHERIFF'S DEPARTMENT FY 2000-01 OPERATING BUDGET TO FUND EQUIPMENT PURCHASES, CAPITAL IMPROVEMENTS TO THE LAW ENFORCEMENT TRAINING ACADEMY, INCREASED CITY SALARY SUPPLEMENTS FOR SHERIFF'S DEPUTIES, A NEW RECRUITMENT REWARD PROGRAM AND CONTRIBUTIONS TO THE SHERIFF'S DEPARTMENT SUPPLEMENTAL RETIREMENT FUND WHEREAS, the Sheriff's Department received $1,613,136 in unanticipated revenues during FY 1999-00, primarily as a result of housing a larger federal inmate population; and WHEREAS, the Sheriff proposes that $1,531,536 of this revenue be appropriated by City Council for the following purposes: one time equipment purchases; capital improvements to the Training Academy (CIP# 3-027); increased salary deputies; supplements a new recruitment reward program; and contributions for the Sheriff's Supplemental Retirement Fund. Law Enforcement for Sheriff's Department Sheriff's Department FY 2000-01 Operating Budget in the amounts and for the purposes outlined below: a. $249,774 to fund equipment (as detailed in the attached "Exhibit A"); bo C o $400,000 to CIP# 3-027, Law Enforcement Training Academy, for capital improvements to the Academy; $167,090 to increase the deputy's annual city salary supplement from $2,020 to $3,000, effective January 1, 2001; balance in the Sheriff's Department Special Revenue Fund to the 1. That $1,531,536 is hereby appropriated from the fund NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 44 45 46 47 48 49 5O 51 52 d. $15,000 to implement a new program that rewards Sheriff's employees $250 for recruitment of a certified deputy who remains with the City for a minimum of one year;and e. $699,672 to fund contributions to the Sheriff's Department Supplemental Retirement Fund. 2. That estimated use of the Specific Fund Reserve is increased by $1,531,536 in FY 2000-01 in the Sheriff's Department Special Revenue Fund. 53 54 55 56 57 58 59 60 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of November , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7899 F: ~Data~ATY~Ordin~NONCODE[sheriff extras, ord. wpd November 21, 2000 R-4 63 64 65 66 Approved As to Content: Management Ser ' Approved As To Legal Sufficiency: ~ity Attorne~'~ Of~ic%' EXHIBIT A FYO0/01 Equipment List Training & DARE Auxiliary Deputies Courts & Civil Process Corrections Major Mann/Corrections Booking Work Force 18 Radio Batteries 6 Shoulder Mics 1 Radio Training Uniforms $75.00 Ea x 375 Battery Charger & Gang Charger 35 Bullet Proof VeSts 10 Security Wands 2 Battery Gang Chargers 19 Replacement Radio Mics Furniture for Medical Barcode System/Maintenance Ironworker/Maintenance Protective Apparel Copy Machine 5 File Cabinets Laser Printer Additional Office Supplies Radio Request for Department ERT Protective Apparel Classification/Shelving Pretrial Office/Furniture Annex II/Office Furniture/Supplies Computer Supplies Chairs Office Supplies Office Chairs Two computer Systems Laser Printer $630.00 $45O.OO $2,662.00 $28 125.00 $1 514.00 $20 475.00 $1 750.00 $1 514.00 $1 425.00 $8 989.00 $7,119.00 $6,229.00 $445.00 $1,295.OO $1 ,O2O.OO $399.00 $1,000.00 $146,480.00 $2,579.0O $476.00 $1,276.OO $743.00 $1,479.00 $4,98O.OO $1,97O.OO $1,500.00 $2,8OO.OO $45O.OO $249,774.00 ~ENT BY: CVB; 757 583 t857; NOV-21-O0 4:42PY; PABE 2/2 Memorandum To: Sim Spore, City Manager From: Paul $. Lanteigne, Sheriff Subject: Deputy Salary Supplement Date: 11 The City ofV/rg/nia Beaoh ~i~alw~ys recosnizcd the valuable ser vice provided by our dedicated employees. Several years~.$$o, the, city instituted a salary supplement for all doputies. This annual contribution of $2020 p~r year allowed us to maintain a spread between the start/nB salaries of deputies and police officers of about ten percent. Last year, the oity rocogn/zed the market trends and increased the starting salary for police officers by five peroont. While that act/on wa~ certainly needed, it did create an men wider gap in the starting pay for d~uties. In an effort to mitigate tho poHoe invroase and move closer to the ton percent variance, I am requesting that the city supplement bo increased by $980 per year. That would make the total c/ty supplu-mont $3000 per year. ~ would provide a variance of l 1.3% between the start/nE salaries. The Sheriff's Office could;fund this inor~ase beginning January l, 2001 at a cost of $167,090. This would requ/re an additional annual oity appropriation of $334,180 beginning next fi$oal year. While I undarstand that the dry is under no oblil~ation to pr ovid¢ any supplements, I hope the citY oontinues to recognize the ¢oniributions the Sheriff's employees make in our effort to keep our community the safczt Place possible. stab'In $15,000 $10,000 SS,O00 $o Comparison Dec. 1 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $183,023 FROM THE STATE COMPENSATION BOARD AND TO TRANSFER $21,828 FROM THE GENERAL FUND REGULAR RESERVE FOR CONTINGENCIES TO THE SHERIFF'S DEPARTMENT FY 2000- 01 OPERATING BUDGET TO FUND SALARY INCREASES EFFECTIVE DECEMBER 1, 2000 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 WHEREAS, the State Compensation Board has authorized a 3.25% salary increase for full and part-time employees within the Sheriff's Department, effective December 1, 2000, for a total cost of $204,851, of which $183,023 will be reimbursed to the City by the State Compensation Board and $21,828 will be funded by the City to cover the local match for these salary increases. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $183,023 in additional funding is hereby accepted from the State Compensation Board and appropriated to the Sheriff's Department FY 2000-01 Operating Budget for the purpose of funding salary increases approved by the State effective December 1,2000. 2. That $21,828 is hereby transferred from the General Fund Regular Reserve for Contingencies to the Sheriff's Office FY 2000-01 Operating Budget to provide the local match for the approved salary increases. 3. That estimated revenue from the Commonwealth is hereby increased by $183,023. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of November , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7900 F:~Data\ATY~Ordin~NONCODE~sheriff3.25incrs.ord.wpd November 20, 2000 R-3 Approved as to Content: Approved as to Legal Sufficiency: i y ttorney' '~Of fi~e oE O E oooo o O0 -37- Item Vd. 9. RESOL UTIONS/ORDINANCES ITEM # 47430 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $990, O00 from the capital projects of Buckner Road Extended and Lynnhaven Parkway, Phase IX [VDOT] to the Lynnhaven Parkway interchange at Great Neck Road [VDOT]; AUTHORIZE acquisition of property near 1-264 at Great Neck Road either by agreement or condemnation; TRANSFER $1,250,000 and $260,000 for the purpose of acquiring the necessary property; and, to AUTHORIZE the City Manager to cause these funds to be available for a reasonable offer to the persons having an interest in said property for the future roadway improvements at this interchange. Voting: 10-0 (By ConsenO Council Members Voting Ave: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO TRANSFER $990,000 FROM CAPITAL PROJECT #2-073, BUCKNER ROAD EXTENDED, AND $260,000 FROM CAPITAL PROJECT #2-157, LYNNHAVEN PARKWAY - PHASE IX (VDOT), TO CAPITAL PROJECT #2-074, LYNNHAVEN PARKWAY INTERCHANGE AT GREAT NECK ROAD (VDOT), AND TO AUTHORIZE ACQUISITION OF PROPERTY NEAR 1-264 AT GREAT NECK ROAD, BY AGREEMENT OR CONDEMNATION WHEREAS, the Virginia Department of Transportation and the City of Virginia Beach recognize, through their respective Capital Improvement Programs, that a new interchange is needed in the vicinity of 1-264 at Great Neck Road as part of the overall improvement of the Lynnhaven Parkway Interchange; WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project and intersection improvements to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: WHEREAS, in the opinion of the Council, a public necessity exists to acquire the property now or formerly owned by John Waller (the "Property") identified on the map entitled "Location Map Showing Area at Lynnhaven Parkway / 1-24 Interchange John Waller Property GPIN 1497-42- 0782," dated November 14, 2000 and attached hereto as "Exhibit A" for the public purposes set forth above; WHEREAS, $1,250,000 is needed to acquire the Property necessary to build the interchange; and WHEREAS, $990,000 of that amount can be transferred from Capital Project #2-073, Buckner Road Extended, with future funding for that project to be prioritized against other roadway needs, and the remaining $260,000 can be transferred from Capital Project #2-157, Lynnhaven Parkway - Phase IX (VDOT). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 day of November 54 CA7895 55 November 16, 2000 56 R-5 57 58 59 6O 61 62 63 condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all or a portion of the Property in fee simple, including temporary and permanent easements and right-of-way as shown on (Exhibit "A") and the plans entitled "LYNNHAVEN PARKWAY INTERCHANGE AT GREAT NECK ROAD · CIP 2-074" (the "Project"), and more specifically described on the acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in the Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn the Property. Section 3. That $1,250,000 is hereby transferred to Capital Project#2-074, Lynnhaven Parkway Interchange Improvements at Great Neck Road (VDOT), with $990,000 of that amount being transferred from Capital Project #2-073, Buckner Road Extended, and the remaining $260,000 being transferred from Capital Project #2-157, Lynnhaven Parkway - Phase IX (VDOT), for the purpose of acquiring property in the vicinity of 1-264 at Great Neck Road necessary for future roadway improvements at the interchange. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 ., 2000. APPROVED AS TO CONTENT: l~lic Works APPROVED AS TO CONTENT: Managex~t ~ervice~ APPROVED AS TO LEGAL SUFFICIENCY: Exhibit "A" LOCATION MAP S SCALE: 1" = 3,200' EXPREsSWAy 59 LOCATION MAP SHOWING AREA AT LYNNHAVEN PARKWAY/!-264 INTERCHANGE . JOHN WALLER PROPERTY ~,~-%.~,~..~. GPIN 1497~2-0782 ~¢ , .' ~ SCALE 1" 200' ~ .~ , JIM LAWSON AGENDA.DGN M.J.S. PREPARED BY P/W ENG. DRAFT. 14-NOV-2000 - 38- Item V-I. IO. RESOL UTIONS/ORDINANCES ITEM ii 4 7431 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $2,160, O00 from the Birdneck Road, Phase H [VDOT] to Princess Anne and Kempsville Roads intersection improvements; AUTHORIZE acquisition, by purchase or condemnation, all that real property in fee simple, including temporary and permanent easements and right-of-way, for this project; and, to AUTHORIZE the City Manager to cause the necessary funds to be available for a reasonable offer to persons having an interest in said property for the future roadway improvements at this interchange. Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: Margaret L. Eure Council Lady McClanan ABSTAINED as she and her husband own property in close proximity to this' Intersection. November 28, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO TRANSFER $2,160,000 FROM CAPITAL PROJECT # 2-149, BIRDNECK ROAD - PHASE II (VDOT), TO CAPITAL PROJECT #2-048, PRINCESS ANNE ROAD/KEMP SVILLE ROAD INTERSECTION IMPROVEMENTS, AND TO AUTHORIZE ACQUISITION OF A 1.8 ACRE PARCEL OF LAND AT THE INTERSECTION OF KEMPSVILLE ROAD AND PRINCESS ANNE ROAD, BY AGREEMENT OR CONDEMNATION WHEREAS, the Virginia Department of Transportation and the City of Virginia Beach recognize, through their respective Capital Improvement Programs, that the Princess Anne Road and Kempsville Road intersection needs improvement to raise the capacity of the intersection to meet future demands and eliminate current congestion problems; and WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project and intersection improvements to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: WHEREAS, $2,160,000 is available in Capital Project #2-149, Birdneck Road - Phase II (VDOT), that can be used to acquire a 1.8 acre parcel of property currently owned by the Runnymede Corp. (GPIN 1466-78-3815) identified in the location map attached hereto as Exhibit A. The property is located at the intersection of Kempsville Road and Princess Anne Road and is presently scheduled for development but will be impacted by the future improvements at the intersection. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and permanent easements and right-of-way (collectively the "Property") as shown on the plans entitled "PRINCESS ANNE ROAD/KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS, CIP 2-048" (the "Project"), and more specifically described on the acquisition plats for the Project 35 36 37 38 39 40 41 42 43 44 45 46 47 (collectively the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in the Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn the Property. Section 3. That $2,160,000 is hereby transferred from Capital Project #2-149, Birdneck Road - Phase II (VDOT), to Capital Project #2-048, Princess Anne Road/Kempsville Road Intersection Improvements, for the purpose of acquiring a 1.8 acre parcel of property located at the intersection of Kempsville Road and Princess Anne Road necessary for future roadway improvements. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 8 day of November ,2000. 48 49 5O 51 52 53 54 CA7894 November 8, 2000 R-5 APPROVED AS TO CONTENT: P{fl~lic Works APPROVED AS TO LEGAL SUFFICIENCY: 55 56 57 APPROVED AS TO CONTENT: LOCATION MAP L i SCALE :1" - 1,600' EXHIBIT A. J i I AREA OF KEMPSVILLE ROAD AND JIM LAWSON.DGN PREPARED BY P/W ENG. DRAFT. 07-NOV-2000 PRINCESS ANNE ROAD ~ INTERSECTION GPIN 1466-78-3818 AND ~ 1466-78-4905 PROPOSED WALGREENS SITE Item V-L l l. - 39- RESOL UTIONS/ORDINANCES ITEM # 4 7432 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED: Refunds: Licenses: $14, 668.15 Meal Tax: $ 1,060. 77 Tax: $ 5,809.33 Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exoneration Date NAME Year of Tax Number Number Paid Penalty Int. Total Consolvo, Ernest Revocable Trust Consolvo, Ernest Revocable Trust Brown William Jr. & Sandra Jacobs Jonathan S. & Dale H. Jacobs Jonathan S. & Dale H. Jacobs Jonathan S. & Dale H. Jacobs Jonathan S. & Dale H. Jacobs Jonathan S. & Dale H. Jacobs Jonathan S. & Dale H. EMLN L L C EMLN L L C EMLN L L C EMLN L L C EMLN L L C Va Beach Development Authority Va Beach Development Authority Va Beach Development Authority Va Beach Development Authority Va Beach Development Authority Va Beach Development Authority Ports, Judith Ann Carreras, Glenn 2000 RE(2/2) 00-025533-3 06/05/00 2000 RE(2/2) 00-025532-4 06/05/00 2000 RE(2/2) 00-141235-9 09/22/00 1998 RE(½) 98-060256-8 EA 12/05/97 1998 RE(2/2) 98-060256-8 EA 06/05/98 1999 RE(V2) 99-060969-5 EA 12/05/98 1999 RE(2/2) 99-060969-5 EA 06/05/99 2000 RE(½) 00-061679-2 EA 12/05/99 2000 RE(2/2) 00-061679-2 EA 06/05/00 2001 RE(½) 01-037901-1 08/30/00 2001 RE(½) 01-037902-0 08/30/00 2001 RE(½) 01-037900-2 08/30/00 2001 RE(½) 01-037899-5 08/30/00 2001 RE(½) 01-037898-6 08/30/00 2000 RE(2/2) 00-025045-4 06/05/00 2000 RE(2/2) 00-108103-7 06/05/00 2000 RE(2/2) 00-108104-6 06/05/00 2000 RE(2/2) 00-108105-5 06/05/00 2000 RE(2/2) 00-108106-4 06/05/00 2000 RE(2/2) 00-108107-3 06/05/00 Parking Ticket 08/11/00 Animal License 10/03/00 149.62 334.69 1480.91 140.88 140.88 140.88 140.88 145.02 145.02 68.89 .72 31.37 66.55 66.55 10.87 473.18 370.92 699.58 35.31 1108.61 50.00 8.00 TOTAL: $5809.33 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 5 ~ 8 0 9.3 30vere approved by the Council of the City of Virginia Beach onthe 281:h dayof blovombo, r Ruth Hodges Smith City Clerk John Atkmson, Treasurer 'l Approved as to form: Leslie L. Lilley, City Attorney CITY OF VIRGINIA BEACH JUL ! 3 2000 In Reply Refer To Our File No. DF-4987 OFFI~E OF TH~. DATE: August 3, I998 TO: Serald Banagan DEPT: Real Estate Assessor FROM: Michael H. Nuckols ~ DEPT: City Attorney RE: Town Center Acquisition , The closings on the Town Center parcels were effective June 5, 2000, and real estate taxes were prorated as of that date although the deeds were not actually recorded until June 9. I have attached copies of the deeds and settlement statements for the parcels acquired by the City of Virginia Beach Development Authority for your use in exonerating the now publicly-owned property. Due to the prorations on the settlement statements, effectively, the Authority pagd the taxes from ]'uae 5 to June 30 highlighted on the attached copies, so any refund should be made payable to the Authority rather than the previous property owner. Please pass this information on to Dee Forbes in the Treasurer's Office. If you have any questions, please do not hesitate to call me at extension 8054. MHN/mlg AN ORDINANCE AUTHORIZING MEALS TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for meal tax refunds, upon certification of the Commissioner of the Revenue are hereby approved: MEAL TAX DATE BASE INTEREST TOTAL 'NAME YEAR PAID ASG INC 1996-1998 LEEWARD-PRINCESS ANNE INVESTME 1999 07121100 704.75 0.00 704.75 MAY-SEP 356.02 0.00 356.02 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $1,060.77 28th Philip J.~'Kella~r~-- Commissioner of the Revenue City Attorney were approved by the Council of the day of November ,20 00 Ruth Hodges Smith City Clerk NO. ¢:.A. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID BAYSIDE MOTORS INC CAREER MANAGEMENT GROUP INC CHERRY BEKAERT & HOLLAND LLP CONSOLVO ERNEST & MARKOWITZ C CORBIN ARTHUR T FUEL FEED PLAZA HOME CENTER INC GANTHER TIMOTHY G PC GOLDEN GRIDDLE INC HYMAN WHOLESALE INC KELLY ROSALIE H LINKHORN PSYCHOLOGICAL ASSOC PC MERCHANTS INCORPORATED RYDER TRS INC SATELLITE SYSTEMS CORP SEACOAST DEVELOPMENT GROUP INC SPAIN MURRAY JR ULTRA LITE LTD 10/26/00 AUDIT 172.83 11.53 184.36 10/30/00 AUDIT 1,195.25 210.22 1,405.47 2000 11/07/00 50.00 0.00 50.00 10/26/00 AUDIT 1,538.29 47.71 1,586.00 2000 10/26/00 10.00 0.00 10.00 10/24/00 AUDIT 594.30 82.97 677.27 10/23/00 AUDIT 61.07 71.51 132.58 10/23/00 AUDIT 67.20 4.48 71.68 10/23/00 AUDIT 5,063.59 959.19 6,022.78 10/23/00 AUDIT 137.88 17~65 155.53 10/26/00 AUDIT 20.00 0.67 20.67 10/25/00 AUDIT 3,056.67 297.49 3,354.16 10/24/00 AUDIT 107.39 1.24 108.63 10/26/00 AUDIT 238.09 37.68 275.77 10/25/00 AUDIT 207.52 65.62 273.14 10/25/00 AUDIT 138.47 32.41 170.88 10/24/00 AUDIT 126.15 43.08 169.23 Cor~rff~sion~he ~r~"'~n~-~ Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the 14,668.15 were approved by the Council of the 28th day of November ,20 00 Ruth Hodges Smith City Clerk Item V-J. - 40- PLANNING ITEM # 4 7433 1. SAND Y JACKSON · NON-CONFORMING USE 2. COMMERCIAL INVESTMENT PROPERTIES, L.L.C. AMENDMENT TO THE GREEN R UN LAND USE PLAN 3. BONNEY BRIGHT CONDITIONAL USE PERMIT 4. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. CONDITIONAL USE PERMIT 5. GRISWORLD, INC. CONDITIONAL USE PERMIT 6. OCEAN TIDE ASSOCIATES CHANGE OF ZONING 7. VEHICLE RECYCLING SOLUTIONS, LLC CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 8. OXFORD PROPERTIES, LLC CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 9. CITY ZONING ORDINANCE Proposed AMENDMENTS to .ss',~' 203 and 230 CZO revise the requirements / off-street vehicular parking for ch urches in shopping centers/clarify requirements for uses permitted pursuant to a CUP November 28, 2000 Item V-J. - 41 - PLANNING ITEM # 4 7434 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION Items 1,2 (DEFERRED), 5, 7 (DEFERRED) and 10 of the PLANNING BY CONSENT AGENDA. Item 2 was DEFERRED INDEFINITEL Y, BY CONSENT Item 7 was DEFERRED, BY CONSENT, until the City Council Session of December 12, 2000. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, dr., Barbara M. Henley, Louis' R. clones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 - 42 - Item V-J. 1. PLANNING ITEM # 47435 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED application of SAND Y JACKSON for an enlargement of a nonconforming use: Application of Sandy Jackson for an enlargement in a nonconforming use on property located at the southeast corner of 22"~ Street and Baltic A venue (GPIN #2427- 08-1415). Saidparcel is located at 430 22"'~ Street and contains 9,100 square feet. BEACH- DISTRICT 6. The following conditions shall be required: That the structure, as reconstructed and enlarged, shall conform to the floor plans and elevations exhibited to the City Council and on file in the Planning Department That the structure shall be used only as a single-family dwelling, and no modifications, except as shown on the aforesaid plans and elevations, shall be made Voting: 10-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 Item V-J.2. - 43 - PLANNING ITEM # 47436 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED INDEFINITELY Ordinance upon application of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an Amendment to the Green Run Land Use Plan ORDINANCE UPONAPPLICA TION OF COMMERCIAL INVESTMENT PROPERTIES, L.L.C. FOR AN AMENDMENT TO THE GREEN RUN LAND USE PLAN TO ALLOWFUEL SALES IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon application of Commercial Investment Properties, L.L. C., for an amendment to the Green Run Land Use Plan to allow fuel sales' in conjunction with a convenience store at the southwest intersection of Buckner Boulevard and X Rosemont Road (GPIN #1485- 65-6406). Said parcel contains 1.6 acres. PRINCESS ANNE - DLgTRICT 7. Voting: 10-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyers E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members' Absent: Margaret L. Eure November 28, 2000 - 44 - Item V-J.$. PLANNING ITEM # 4 743 7 The following registered in SUPPORT: Attorney R. E. Bourdon, Phone: 499-8971 The following registered in OPPOSITION: Attorney David Hay, 228 North Lynnhaven Road, Suite I01, Phone: 486-0000 Caroline Thrasher, 2747 Pungo Ferry Road, Phone: 421-9089 Nellie Carroll Leonardson, 345 Princess Anne Road, Phone: 721-6827 Genevieve dacobs, 1488 Sandbridge Road, Phone: 426-25 70, represented Essence of Back Bay Aron Davis, 6348 Pocahontas Club Road, Phone: 426-6033, Essence of Back Bay Eve Estes Butts, Phone: 426-3643 Richard Walsh, 728 Hecate Drive, Phone: 721-5523 Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms, City Council ADOPTED Ordinance upon application of BONNEY BRIGHT for a Conditional Use Permit ./bra borrow pit expansion: ORDINANCE UPON APPLICATION OF BONNEY BRIGHT FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT EXPANSION ROI 1003011 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bonney Bright for a Conditional Use Permit for a borrow pit expansion on property located on the east side of Princess Anne Road beginning at a point 2,172 feet south of the intersection with Pocahontas Club Road (GPIN #2317-62-1327;#2317- 72-3259;#2317-61-2520). Said parcel contains 162 acres. PRINCESS ANNE - DISTRICT 7. The following conditions shall be required: No excavation or restoration of the borrowpit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal, State and Local agencies, required as a result of the expansion of the existing borrow pit operation. In addition, the applicant shall obtain a Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. No excavation or restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center. The site plan must include a specific street and highway contingencyplan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation. The site plan shall also detail the truck watering schedule currently utilized for the abatement of dust generated by this operation. The limits of excavation in the southeast corner of the site, as shown on the site plan dated Apri120, 2000, by Gallup Surveyors and Engineers and on file in the Planning Department, must be modified to remove the cemetery site from the excavation area and provide at least a l OO foot buffer from the cemetery limits to the edge of the excavation area. The site plan submitted to the Development Services Center must show the cemetery site, new limits of excavation and permanent fencing to identify and protect the cemetery site. All other limits of excavation shown on the site plan dated April 20, 2000, must be adhered to. November 28, 2000 - 45 - Item V-J.3. PLANNING ITEM # 47437 (Continued) The site plan submitted to the Development Services Center must indicate the sequence of construction for maintaining 3:1 side slopes on the borrow pit, as shown in the "typical cross section" on the site plan dated April 20, 2000, within 60 days after excavation is complete. 5. The maximum depth of the proposed expansion shall not exceed an elevation of-38. O feet from elevation 0.00. 6. No access to or from Pocahontas Club Road will be allowed for the borrow pit operation. Renewal of the conditional use permit is required after a five year~, , ~.-er;o'~ r~r~. .... : ......... ~ ....... :,_, ,_ ~;~ ..... ~ ~ 8. Operating hours shall be 7.'00 am to 7:00pm, Monday through Saturday. No Sunday operating shall be permitted. No encroachments into existing easements will be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within this site. 10. No encroachment into natural drainage channels will be allowed. 11 Dewatering of the pit will be allowed and the following are required: a. A dewatering settlement basin shall be constructed to capture sediment before discharge. b. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. Pumps for dewatering shall operate only between the hours of 7.'00 AM and 7.'00 PM, Monday through Saturday. No pumps shall operate on Sundays. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to I, O00 feet and those within 2,500 feet if proved to be affected by this operation. e. Water taken from the pit shall be retained on the site to the greatest extent practicable. (Recharge) 12 The existing buffer of pine trees along Princess Anne Road must remain undisturbed. 13 Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the state board of health to eliminate breeding places for mosquitos and other insects. 14 A double row of Loblolly and Virginia pine trees, at least 2-3 years old at planting, and an understorl; row of wax myrtle shrubs, is required to be planted along a three_foot (3) high berm along the Pocahontas Club Road frontage for screening and buffering. November 28, 2000 - 46- Item V4.3. PLANNING ITEM # 4 743 7 (Continued) 15 On an annual basis, the amount of excavated material removed from the pit shall be consistent with the amount reported to the "Virginia Department of Mines, Minerals, and Energy for the year 2000. A copy of the 2000 year end report and all future quarterly reports shall be submitted to the Zoning Administrator to ensure compliance with this condition. 16 Applicant shall, at his expense, establish monitoring wells, between two to four in number (to be determined bls the Water Resources Manager) at such locations as mals be determined by the Water resources' Manager,_for the purpose of monitoring anls salt water intrusion which mals occur as a result of the applicant's operation. Testing shall be performed at each such well a minimum of once per year and a maximum of_four times per year !f deemed necessary bv the Water Resources Manager. Results shall be provided to the Water Resources Manager. in the judgment o_f the Water Resources Manager, such results indicate that salt water intrusion is occurring to such extent that private drinking water wells are threatened with salt water intrusion, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentls-eighth of November, Two Thousand Voting: 8-2 Council Members Voting Aye: Margaret L. Eure, William gA. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: Mayor Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: Linwood O. Branch, III Council Lady Henley DISCLOSED Bonney Bright is a distant second cousin. Henley Farms occasionally purchases sand from Bonney Bright's borrow pit and Mr. Bright has made contributions to her campaign for reelection to City Council. The City Attorney advised Council Lady Henley that Bonney Bright is not a member of her immediate family as defined in the Act. Henley Farms purchase of sand fi'om Bonney Bright's borrowpit does not substantiate a personal interest in the Borrow Pit. Pursuant to Section 2.1-639.4, Code of Virginia, political contributions utilized for campaign purposes and reported in accordance with State Law are excluded from that section 's prohibitions against certain enumerated acts involving an employer's or employee's acceptance of money, loans, gifts, favors services, etc. Therefore, the City Attorney advised Council Lady Henley is able to participate in City Council's discussion and to vote on the application fairly, objectively and in the public's best interest. November 28, 2000 LESLIE L. LILLEY CITY ATTORNEY City of Virginia [:it. ach MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 November 28, 2000 FAX (757) 426-5687 TDD (757) 427-4~05 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is City Council's discussion and vote on the application of Bonney Bright for a conditional use permit to expand a borrow pit currently being operated on a 162-acre parcel located in the Princess Anne District. The nature of my personal interest is that Bonney Bright is my second cousin, that Henley Farm occasionally purchases sand from Bonney Bright's borrow pit, and that the Bright family has made contributions to my campaigns for election to City Council. o Although the City Attorney has advised me that this interest does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and ~uality in the Public Sector. Mrs. Ruth Hodges Smith -2- November 28, 2000 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Thank you for your assistance and cooperation in this matter. Sincerely, Barbara M. Henley Councilmember BMH/sat Enclosure City of Virginia Flcach LESLIE L. LILLEY MUNICIPAL CENTER CITY ATI'ORNEY BUILDING 1 2401 COURTHOUSE DRIVE In Reply Reference Om File No. OP-678 VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD {757) 427-4305 November 28, 2000 Councilmember Barbara M. Henley Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilmember Henley: I am writing in response to your request for an opinion as to whether you may participate in City Council's discussion and vote on the application of Bonney Bright for a conditional use permit to expand a borrow pit currently being operated on a 162-acre parcel located in the Princess Anne District. SUMMARY CONCLUSION Frorn my review of the State and Local Government Conflict of Interests Act (the "Act") and the facts you provided, I am of the opinion that you are permitted to participate in Council's discussion and vote on the above-referenced application without restriction. Nevertheless, for your information, I have outlined the disclosure provisions of § 2.1-639.14(G) of the Act should you decide to disclose your interest and participate. I have also outlined the applicable provisions for abstention set forth in § 2.1-639.14(E) of the Act should you decide to disclose your interest and abstain from participation. FACTS PRESENTED You have advised that Bonney Bright is your second cousin, that Henley Farm occasionally purchases sand from Bonney Bright's borrow pit, and that the Bright family has made contributions to your campaigns for election to City Council. You have further advised that Bonney Bright does not reside in your household, that he is not your dependent, and that you are not his dependent. You have also advised that the cost of sand purchased from the borrow pit has never exceeded Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and (~uality in the Public Sector. Councilmember Barbara M. Henley 3 November 28, 2000 approximately $1,000 in a single year. And finally, you have advised that the campaign contributions you received from the Bright family were used for campaign purposes and were reported in accordance with State law. Please review these facts since you may only rely upon this opinion to the extent they are complete and accurate ISSUE PRESENTED Are you permitted to participate in the City Council's discussion and vote on the application of Bonney Bright for a conditional use permit to expend a borrow pit currently being operated on a 162-acre parcel located in the Princess Anne District. DISCUSSION/CONCLUSION The State and Local Government Conflict of Interests Act is set forth in § 2.1-639.1 etseq. of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal interests of an officer or employee of state or local government in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member. In this case, the critical inquiry is whether or not the fact that Bonney Bright is your second cousin, that Henley Farm has purchased sand from Bonney Bright's borrow pit, or that the Bright family has made contributions to your campaigns for election to City Council causes you to have a personal interest in the above- referenced application "Personal interest" is defined in § of the Act as [al financial benefit or liability accruing to an officer or employee or a member of his immediate family. Such interest shall exist by reason of(i) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits fi'om the use of property; or (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business. Councilmember Barbara M. Henley 3 November 28, 2000 "Personal interest in a contract" is defined in the Act as "a personal interest which an officer or employee has in a contract with a governmental agency, whether due to his being a party to the contract or due to a personal interest in a business which is a party to the contract." And, "immediate family" is defined in the Act as "(i) a spouse and (ii) any other person residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent." Based upon the facts presented, Bonney Bright is not a member of your "immediate family" as defined in the Act. Second, Henley Farm's purchase of sand from Bonney Bright's borrow pit does not cause you to have a "personal interest" in the borrow pit. And third, pursuant to § 2.1-639.4 of the Act, political contributions used for campaign purposes and reported in accordance with State law are excluded from that section's prohibition against certain enumerated acts involving an officer's or employee's acceptance of money, loans, gifts, favors, services, etc. Therefore, it is my opinion that you are permitted to participate in City Council's discussion and vote on the subject application without restriction. As a final note, the Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which could affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in City Council's discussion and vote on the application without restriction. However, if you are concerned that your participation in the Council's discussion and vote on the application may create some appearance of impropriety, there are two options available to you which may diffuse any perception problems that may arise: You may disclose your interest and participate in the Council's discussion and vote on the application; or 2. You may disclose your interest and abstain from participation. If you decide to disclose your interest and participate, a proposed disclosure letter which complies with § 2.1-639.14(G) of the Act is enclosed for your convenience. If, on the other hand, you decide to disclose your interest and abstain from participation, a proposed disclosure letter which complies with § 2.1-639.14(E) is also enclosed for your convenience. In either case, you may make your disclosure orally, which is to be recorded in the written minutes of City Council, or you may file a signed written disclosure with the City Clerk, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. Councilmember Barbara M. Henley 4 November 28, 2000 Please contact me should you desire any additional information. Very truly yours, City Attorney LLL/sat Enclosures -47- Item V-J. 4. PLANNING ITEM # 47438 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant The following registered in OPPOSITION: Fred Graham, 316 Teal Crescent, Phone: 426-6867, represented the Back Bay Restoration Foundation James Phipps, 2312 Sandpiper Road, Phone: 426-2422 Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms, City Council ADOPTED/AUTHORIZED STUDY (BACK BAY WATER USE CONFLICT MEMORANDUM OF AGREEMENT) TO BE CONTINUED/COMPLETED IN FY 2001, Ordinance upon application of OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOC. INC.,for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOC., FOR A CONDITIONAL USE PERMIT RO11003012 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Outdoor Resorts of Virginia Beach, Condominium Association, Inc. for a Conditional Use Permit for a community pier on the west side of Sandpiper Road, south of Kabler Road (GPIN #2432-64-3158). Said property is located at 3665 Sandpiper Road and contains 62.573 acres. PRINCESS ANNE - DISTRICT 7 The following conditions shall be required: This conditional use permit shah allow construction of up to 50 additional private boat docks, for a total of 75, at the Outdoor Resorts of America Virginia Beach Recreational Vehicle Resort. The approved piers may be constructed at any of the individual lot locations, provided that the individual lot continues to be in compliance with the provisions of the Southern Watershed Management Plan referenced in Condition g4, below. Construction of any dock in excess of the total approved (number of 75) shall required City Council approval for an additional modification to the Conditional Use Permit. No additional perpendicular docks shall be constructed. Dimensions of the individual, parallel boat docks shall not exceed six (6)feet by sixteen (16)feet. 3. Approval of the conditional use permit shall not be construed as approval for dredging of surrounding waterways. 4. A waterfront construction permit shall be obtained for each dock prior to construction. 5. No fuel pumps are to be installed in conjunction with this conditional use permit. Prior to the issuance of the approved pier permits, the applicant shall develop informational brochures, policies and procedures to promote environmentally responsible use of Back Bay and adjacent areas by lot owners and seasonal renters. These materials shall include an explanation of the ecological characteristics,function and sensitivity of the local environment, and measures such as "no wake zones," and buffer zones' around marshlands. They shall be submitted for review and approval by city staff prior to publication and shall be distributed to all new lot owners and all seasonal renters. November 28, 2000 - 48- Item V-J. 4. PLANNING ITEM # 47438 (Continued) This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of November, Two Thousand Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. clones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III November 28, 2000 Item V-J. 5. - 49 - PLANNING ITEM # 4 7439 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED Ordinance upon application of GRISWORLD, INC.,for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GRISWORLD, INC. FOR A CONDITIONAL USE PERMIT ROI 1003013 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Grisworld, Inc. for a Conditional Use Permit for a miniature gol_£course, bicycle rental, amusements, and a concessionaire snack bar at the southeast corner of Pacific Avenue and 22~ Street (GPIN #2427-18-3704; #2427-18-2753; #2247-18-2702). Said parcel is located at 2109 Pacific Avenue and contains 21, 780 square feet. BEACH- DISTRICT- 6 The following conditions shall be required: o The site shall be developed substantially in conformance with the submitted site plan on file in the Department of Planning, entitled, "22nd Street Mini Golf, located at the intersection of Pacific Avenue and 22nd Street, Virginia Beach, Virginia," prepared by Landmark Design Group, and dated 10/2/00. No freestanding sign shall be permitted. No signage attached to the fencing shall be permitted. All trash receptacles shall be stored out of view from a pubIic street and the location shall be identified on the final site plan. Bicycles shall be stored within the area designated on the submitted site plan referenced above in Condition One. This area will be screened so as to not be visible from a public street. Landscaping shall be installed on lot 18, fronting 22nd Street, consistent with the requirements in the City's Site Plan and Zoning Ordinances. The building style, materials, and color scheme for the proposed addition to the existing building at the northeast corner of the site shall match that of the existing building. All new fencing shall match the existing six (6) foot high black, wrought iron fence. The existing chain link fences located along the east and south property lines shall be screened with evergreen plantings. All lighting shall be directed toward the interior of the site. There shall be no amplified loudspeakers on the site. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of November, Two Thousand November 28, 2000 - 50- Item V-J. 5. PLANNING ITEM # 47439 (Continued) Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IIL William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 Item V-J. 6. - 51 - PLANNING ITEM # 47440 Rip McGinnis, 968 South Oriole Drive, #206, Phone: 237-3548, the applicant, expressed concern with Condition No. 14. Upon motion by Councilman Harrison, seconded by Council Lady Wilson, City Council. ADOPTED Ordinance upon application of OCEAN TIDE ASSOCIATES for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF OCEAN TIDE ASSOCIATES FOR A CHANGE OF ZONING FROM B-4 to A-18 WITH A PD~H2 Z011001187 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ocean Tide Associates for a Change of Zoning from B-4 Resort Commercial District to A- 18 Apartment District with a PD-H2 Planned Unit Development Overlay at the southwest corner of Shore Drive and dade Street on Lots 1 through 8, Block 7, Plat of Lynnhaven Shores (GPIN portion of #1489-99-3266, #1489-99-4365; #1489-99-5463). The proposed zoning classification change to A- 18 with a PD-H2 Overlay is for multi-family land use at a density no greater than 18 dwelling units per acre. The Comprehensive plan recommends' use of the parcel for resort uses including lodging, retail, entertainment, recreational, cultural, and other uses in accordance with other Plan policies. Said parcel contains O. 75 acres L YNNHA VEN - DISTRICT 5 The following conditions shall be required: Development of the subject property shall be as a residential condominium in accordance with the provisions of the Virginia Condominium Act (Section 55-79.39 et. seq., Code of Virginia. 2 Development of the subject property shall be in accordance with the submitted Zoning Exhibit and Land Use Plan of Lynnhaven Shores Condominium for McGinnis Realty and Development Company by Gallup Surveyors and Engineers, Ltd. dated September 28, 2000 ("Plan "). The street depicted upon the submitted Plan shall be private and shall be maintained by the Condominium Unit Owner's Association. 4. The subject property comprises O. 75 acres of land as depicted on the Plan. There shall be no more than three (3) residential structures containing a total of no more than twelve (12) residential dwelling units constructed on the property. The maximum lot coverage by buildings shall be fifiy percent (50%). The residential units shall be located in fourplex structures having similar architectural design with a maximum height of forty-five feet (45). Each unit shall have a one car garage and a driveway to accommodate two vehicle parking spaces. Each residential unit will have a living area of approximately 1,500 square feet and will contain two bedrooms and two and one-half baths. Each residential structure shall utilize high-grade vinyl siding and trim as the predominant exterior surface material along with brick accent. November 28, 2000 Item V-J. 6. - 52 - PLANNING ITEM # 47440 (Continued) 10 11 12 13 14 Driveways, parking areas, sidewalks and the drainage retention areas depicted upon the Plan shall be maintained by the Condominium Unit Owner's Association, which will be comprised of the owners of all twelve (12) units. Landscaping as shown on the Landscape Plan by Winn & Associates is subject to the approval of Development Services Center requirements'. All of the landscaping shall be maintained by the Condominium Unit Owner 's Association. Sign regulations shall be as outlined in Section 605 of'the Zoning Ordinance. The building setbacks shall be a minimum of twenty-five feet (25 ') from Shore Drive (Variable R/W), fourteen feet (14')from Jade Street (60' R/W), and zero feet (O')from the adjacent property to the west (lot 2), all as depicted on the plan. The property shall not be utilized for arty purpose other than as permitted in the A-18 Zoning District. There shall be no decks, sheds, pools, hot tubs or other similar structures in any of the setback areas or between buildings. The subject property can and shall only be used aa' set forth in paragraphs 2 and 5 herein. The buildings shall be substantially similar to the submitted elevation drawings, titled "Lynnhaven Shores Condominiums ", dated July 27, 2000, and prepared by Reich Design Associates, Virginia Beach, Virginia. A right-of-way reservation of up to 8.5feet along Shore Drive shall be indicated on the development site plan prior to the issuance of any necessary site development approvals. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of November, Two Thousand Voting: 1 O- 0 Council Members Voting Aye: Margaret L. Eure, William W Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Fgilson Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III November 28, 2000 Item V-J. 7. - 53 - PLANNING ITEM # 4 7441 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED TO COUNCIL MEETING OF DECEMBER 12, 2000, Ordinances upon application of VEHICLE RECYCLING SOLUTIONS, LLC for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF VEHICLE RECYCLING SOLUTIONS LLC FOR A CHANGE OF ZONING FROM I-I TO CONDITIONAL I-2 Ordinance upon application of Vehicle Recycling Solutions LLC for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional 1-2 Heavy Industrial District at the northeast intersection of Sykes Avenue and Southern Boulevard (GPIN #2417-14- 9602, #2417-24-3655). The proposed zoning classification change to Conditional 1-2 is for industrial land use. The Comprehensive Plan recommends use of this parcel for appropriately located industrial and employment support uses in accordance with other Plan policies. Said parcel is located at 1 O0 Sykes Avenue and contains 23.52 acres. BEA CH - DISTRICT 6. AND, ORDINANCE UPON APPLICATION OF VEHICLE RECYCLING SOLUTIONS LLC FOR A CONDITIONAL USE PERMIT FOR THE STORAGE OR PROCESSING OF SALVAGE, SCRAP, OR JUNK (AUTOS) Ordinance upon application of Vehicle Recycling Solutions LLC for a Conditional Use Permit for the storage or processing of salvage scrap, or junk (autos) at the northeast intersection of Sykes Avenue and Southern Boulevard (GPIN #2417-14-9602; #2417-24-3655). Said parcel is located at 1 O0 Sykes Avenue and contains 23.52 acres. BEA CH - DISTRICT 6. Voting: 10-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, IIL William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 Item V-J. 8. - 54- PLANNING ITEM # 4 7442 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant, distributed a petition and correspondence of Captain Zoble, Commanding Officer of Oceana in SUPPORT of the application. Said petition is hereby made a part of the record. The building area has been reduced by 22% and the hours of operation have been reduced from 7:00 A.M. to 9:30 P.M. Richard Sell, 1809 Culver Quay, also representing Brian Walters The following registered in OPPOSITION: Attorney David Hay, 228 North Lynnhaven Road, Suite 101, Phone: 486-0000, represented property owners in the Ocean Lake Community, Kay Chaplain (owner of A-18 parceO and David Gatling. Gene Mumpower, 1824 Culver Quay, Phone: 563-9098 Bryan Teabout, 1825 Culver Quay, Phone: 430-1711 Lisa and Paul Casano, 1804 Culver Quay, Phone: 430-3 764. Petition is OPPOSITION is hereby made apart of the record. Toni Robertson, 512 Ben Hogan Drive, Phone: 497-7171 Stacey Mayle, 1821 Culver Quay, Phone: 430-8057 Donna Nurmi, 1812 Castleton Court, Phone: 563-9147 Dennis Nurmi, 1812 Castleton Court, Phone: 563-9147 (spoke on behalf of Carter Moreland) Glen Tainter, 2140 Kenwood Drive, Phone: 427-1929, represented the Courthouse/Sandbridge Coalition of Civic organizations. Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council DENIED Ordinances upon application of OXFORD PROPERTIES, LLC, d/b/a DAM NECK SELF STORAGE, for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF OXFORD PROPERTIES, L.L.C., D/B/A DAM NECK SELF STORAGE FOR A CHANGE OF ZONING FROM AG-2 TO CONDITIONAL B-IA Ordinance upon application of Oxford Properties, LLC d/b/a Dam Neck Self Storage, for a Change of Zoning from A G-2 Agricultural District to Conditional B-lA Limited Community Business District on the east side of General Booth Boulevard, north of Culver Lane (GPIN #2415-31- 8553; #2514-31-6485). The proposed zoning classification change to Conditional B-iA is for low intensity commercial land use. The Comprehensive Plan recommends use of this parcel for suburban residential/medium &high density at densities that are compatible with townhouse and multi-family use in accordance with other Plan policies. The Comprehensive Plan Policy Document contains more detailed land use guidance of the General Booth Boulevard Corridor. The Comprehensive Plan document recommends that the area between Culver Lane and Gunn Hall Drive be used for neighborhood office land use consistent with policies elaborated on in the Plan. Said parcel is located at 1874 General Booth Boulevard and contains 2.318 acres. PRINCESS ANNE- DISTRICT 7. AND, ORDINANCE UPON APPLICATION OF OXFORD PROPERTIES, L.L.C., D/B/A DAM NECK SELF STORAGE FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES Ordinance upon application of Oxford Properties, L.L.C., d/b/a Dam Neck Self Storage for a Conditional Use Permit for mini-warehouses on the east side of General Booth Boulevard, north of Culver Lane (GPIN #2415- 31-8553). Said parcel is located at 18 74 General Booth Boulevard and contains 2.318 acres. PRINCESS ANNE- DISTRICT 7. November 28, 2000 - 55 - Item V-cl. 8. PLANNING ITEM # 47442 (Continued) Voting: 9-1 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members' Voting Nay: Robert C. Mandigo, Jr. Council Members Absent: Linwood O. Branch, III November 28, 2000 - 56- Item V-J. 9. PLANNING ITEM (4 4 7443 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution referring to the Planning Commission proposed amendments to 393g 203 and 230 of the City Zoning Ordinance (CZO) to revise the requirements for off-street vehicular parking for churches in shopping centers' and to clarify such requirements for uses permitted pursuant to a Conditional Use Permit (CUP). Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Margaret L. Eure November 28, 2000 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTIONS 203 AND 230 OF THE CITY ZONING ORDINANCE, REVISING THE REQUIREMENTS FOR OFF-STREET VEHICULAR PARKING FOR CHURCHES IN SHOPPING CENTERS AND CLARIFYING SUCH REQUIREMENTS FOR USES PERMITTED PURSUANT TO A CONDITIONAL USE PERMIT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby re~erred to the Planning Commission, for its consideration and recommendation, proposed amendments to Sections 203 and 230 of the City Zoning Ordinance, revising the requirements for off-street vehicular parking for churches in shopping centers and clarifying such requirements for uses permitted pursuant to a conditional use permit. A true copy of such proposed amendments is hereto attached. 19 20 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 28th day of November , 2000. 21 22 23 24 CA-7903 wmm~ordres~churchparking.res R-1 November 8, 2000 APPROVED AS TO CONTENT Department of 15Tanning Department of Law 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY REVISING THE REQUIREMENTS FOR OFF-STREET VEHICULAR PARKING PERTAINING TO CHURCHES IN SHOPPING CENTERS AND CLARIFYING SUCH REQUIREMENTS FOR USES PERMITTED PURSUANT TO A CONDITIONAL USE PERMIT SECTIONS AMENDED: CITY SECTIONS 203 AND 230 ZONING ORDINANCE (33) (i) (7) That Sections 203 and 230 of the City Zoning Ordinance are hereby amended and reordained to read as follows: Sec. 203. Off-street parking requirements. (a) The following specified uses shall comply with the off-street parking requirements designated therefor: Churches: At least one 1) space per five (5) seats or bench seating space in the mamn auditorium; provided, however, that the requirement for any church located in a shoppinq center shall be as specified in the conditional use permit allowinq such church. Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot five (5) to ten (10) acres in size shall have a total of: a. One (1) space per two hundred (200) square feet of floor area of all uses except restaurants, churches and theaters; b. One (1) space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, ten (10) percent or less of the total floor area of the shopping center; c. One space per seventy-five (75) square feet of floor area of restaurants in excess thereof; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 One space per one hundred (100) square feet of floor area of theaters in excess thereof; (ii) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot ten (10) to thirty (30) acres in size shall have a total of: a. One space per two hundred (200) square feet of floor area of all uses except restaurants, churches and theaters; b. One space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, ten (10) percent or less of the total floor area of the shopping center; c. One space per seventy-five (75) square feet of floor area of restaurants in excess thereof, and d. One space per one hundred (100) square feet of floor area of theaters in excess thereof; (iii) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot greater than thirty (30) acres in size shall have a total of: a. One space per two hundred (200) square feet of floor area of all uses except restaurants, churches and theaters; b. One space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, fifteen (15) percent or less of the total flcor area of the shopping center; c. One space per seventy-five (75) square feet of floor area of restaurants in excess thereof; and 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 d. One space per one hundred (100) square feet of floor area of theaters in excess thereof; (iv) Notwithstanding the foregoing provisions, in the event the total parking requirement of the individual uses within a shopping center is less than that required pursuant to (i) or (ii) hereinabove, the lesser requirement shall apply; (v) Any provision to the contrary notwithstanding, the parking requirement for shopping centers with more than five hundred thousand (500,000) square feet of gross leasable area shall be four and one-half (4.5) spaces per one thousand (1,000) square feet of gross leasable area, regardless of the mix of uses within the shopping center, provided the following circumstances apply: a. The shopping center in its entirety is zoned either B-2, B-3, or B-3A; b. The gross leasable area to which this section applies must either be all on the same zoning lot or all in one continuous building; and c. The shopping center must be served by mass transit. (35) Uses permitted un~cr pursuant to ~ conditional use permit~ shall comply with the s~ccifi~ off-street parking requirements attackc~ tc sDecified in the conditional use permit; provided, however, that if no such requirement is specified therein, the aDplicable requirement shall be as set forth in this section. Sec. 230. Churches. In addition to general requirements, the following special requirements and limitations shall apply to churches in districts in which they are generally permitted: 3 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 (a) Minimum lot area. The minimum lot area for churches shall be three (3) acres. (b) Off-street parking. At least one (1) space per five (5) seats or bench seating spaces in the main auditorium; provided, however, that the requirement for any church located in a shopping center shall be as specified in the conditional use permit allowinq such church. COMMENT The amendments accomplish the following: (1) establish that the parking requirement for a church located in a shopping center is to be specified by the City Council in the conditional use permit allowing such church (lines 18- 21 and 99-101); (2) delete such churches from the calculation of parking requirements in shopping centers (lines 27, 42 and 57); and (3) clarify that the parking requirement for conditional uses is that which is specified in the conditional use permit, and that if no such requirement is specified in the use permit, the requirement is as set forth in Section 203 (lines 86-90). Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2001. 116 117 118 119 CA-7901 wmm/ordres/churchparkingord.wpd R-1 November 2, 2000 APPROVED AS TO CONTENTS: Planning Department APPROVED AS TO LEGAL SUFFICIENC~Y: , , Department of Law 4 Item V-K. 1. -57- APPOINTMENTS ITEM # 4 7444 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: VIRGINIA BEA CH FOUNDATION- DISTRIBUTION COMMITTEE Novetnber 28, 2000 Item V-K. 2. - 58- APPOINTMENTS ITEM # 4 7445 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Building Maintenance Division Ruth W. Bell Jimmie A. Koch Vincent R. Olivieri Electrical Division Archie R. Smith Robert H. Smith, Jr. Richard W. Thomas James S. Witcher New Construction Division William M. Davenport Frank L. Mathews Robert L. Yoder Plumbing & Mechanical Division Richard S. Corner William L. Hendricks Donald D. Jones, Jr. Peter C. Striffler James D. Wells 2 year terms 01/01/01 - 12/31/02 BOARD OF BUILDING CODE APPEALS Voting: 1 O- 0 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III November 28, 2000 Item V-K. 3. - 59- APPOINTMENTS ITEM # 4 7446 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Gary L. Spell James E. Wood 2 year terms 1/1/01 - 12/31/02 COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III November 28, 2000 Itetn V-K. 4. APPOINTMENTS - 60 - ITEM # 47447 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Forrest M. Sullivan Cecelia T. Tucker 3 year terms 1/1/01 - 12/31/03 COMMUNITY SER VICES BOARD (CSB) Voting: 1 O- 0 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III November 28, 2000 Item V-K. 5. APPOINTMENTS - 61 - ITEM # 4 7448 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Gail A. Ball Christopher E. Caton Daniel Z. Lepow Johnnie S. Miller 3 year terms 01/01/01 - 12/31/03 FRANCIS LAND HOUSE BOARD OF GOVERNORS Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III November 28, 2000 Item V-K. 6. APPOINTMENTS ITEM # 4 7449 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Daniel R. Geisen No Term REVIEW & ALLOCATION COMMITTEE (COIG) Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III November 28, 2000 Item V-K. 7. `4PPOINTMENTS ITEM # 4 7450 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Michael J. Barrett 01/01/02 - 12/31/05 Wade P. Kyle 01/01/01 - 12/31/04 4 year terms SOUTHEASTERN PUBLIC SER VICE.4 UTHORITY (SPS.4) Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis' R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III November 28, 2000 Item V-L. 1. - 64 - NEW BUSINESS ITEM # 4 7451 B Y CONSENSUS, the City Clerk shall record the ABSTRACT OF VOTES in the GENERAL ELECTION- November 7, 2000; and, schedule the General Registrar for a Briefing concerning the voting system and the margin of error. The City Attorney shall advise relative recording the ABSTRACT OF VOTES. November 28, 2000 - 65 - Bem V-N. ADJOURNMENT ITEM # 4 7452 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 11:18 P.M. Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 28, 2000 City of Virginia [ cach OFFICE OF THE C ~¥ MANAGER ~804/ 427 4242 FAX t8041 427 4~3~ TDD (804) 427 4305 MUNIC PAL CENTER VIRGIN;A BEACH VIRGINIA 23456-9001 November 24, 2000 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Dear Council Members: I have reviewed the Virginia Beach Youth Pl'an and support the Youth Opportunities Team's request for Council to adopt the Community's vision for youth "All Our Children Are Well" and approve the Virginia Beach Youth Plan for implementation. The action to adopt the Youth Plan is on your agenda for November 28. The Plan reflects the City's core strategies and is consistently linked to the City and School's strategic outcomes. The Youth Opportunities Team, via the Family and Youth Opportunities Strategic Issue Team, will utilize the budget caucus process to request funding for the implementation of the Virginia Beach Youth Plan. Your commitment to the youth of our city is appreciated and I look forward to your continued support. With Pride in Our City, re JKS/cm Attachment I II vncmmack Vncnia Z3~ Tdei:l'me: (75-/) 474-862D Fax: (757) 474.-8536 e-trail: ~.virginia-~va. us Wet:s~: TABLE OF CONTENTS Letter from the Mayor ......................................................... ii Executive Summary ........................................................... 1 Virginia Beach Youth Plan's Action Plan ................................... 4 Vision Statement ............................................................ 12 Background and History ....................................................... 13 Youth Development Frameworks ................................................ 16 Table 4/1: Risk Factors .................................................. 18 Table #2: Protective Factors .............................................. 19 Current Reality and the Community's Perspectives ................................. 20 Partnerships .......................................................... 21 Awareness ............................................................ 24 Health and Well-being .................................................. 24 Education and Training ................................................. 27 Activities and Services .................................................. 28 Analysis and Planning .................................................. 29 Map of the Virginia Beach Youth Plan ........................................... 30 Where We Want To Be and How We'll Get There ................................... 31 Goal 1: To Inform, Mobilize and Energize ................................... 31 Goal 2: To Create a Coordinated and Continuous System ....................... 34 Goal 3: To Coordinate and Monitor the Plan ................................. 37 Conclusion ................................................................. 37 Glossary ................................................................... 40 References ................................................................. 43 Appendices ................................................................. 44 Youth Opportunities Team Membership .................................... 45 Risk Factors .......................................................... 46 Developmental Assets ................................................... 50 i City of Virginia Bcach MEYERA E. OBERNDORF MAYOR MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 234.56-9000 (757) 427--458'i FAX (757) 426-5699 November 28, 2000 Dear Community Member: It is with great enthusiasm and pride that the City of Virginia Beach presents this Youth Plan. As a parent, grandparent, fellow community member and as Mayor, I have supported youth initiatives for many years. It was my privilege in 1997 to lead a delegation of city workers, youth and citizens to Philadelphia to kick off America's Promise, a nationwide initiative led by General Colin Powell. Closer to home, I have ensured that youth have a voice in the Community, through my Mayor's Youth Council. The students on this advisory council give me their perspectives on city issues, and I immensely enjoy and benefit from their enthusiasm and their creativity. We are now delighted to share with you a structured plan which provides a unified vision and includes actions each and every one of us can take on behalf of youth. This Plan has been built upon input from many of you through forums, surveys and dialogue: It is truly the Community's plan for youth. Our hope is that this dialogue will continue as we work together to create a Community where youth live, learn and play in safe places. The Youth Plan is a blueprint which outlines our vision for ensuring the success of our youth. Their success is a direct reflection of the success of our Community. When asked, "How are the children?," we want to respond with certainty, "All Our Children Are Well." Accordingly, City Council has adopted as our vision for youth "All Our Children Are Well." There is no investment an adult can make that will get more positive returns than taking the time to nurture a child. I invite all members of the Community to be a partner in achieving this vision for youth. Sincerely, Meyera E. Oberndorf Mayor VIRGINIA BEACH YOUTH PLAN EXECUTIVE SUMMARY The Youth Plan is a result of several years of work toward making youth a top priority in the City of Virginia Beach. It was written by the Youth Opportunities Team, based on input from the Community which we define as groups of people who share interests and beliefs, culture and heritage, a sense of place and/or a common purpose. Smaller communities such as military, faith, and government are called little "c" communities and together they build the big "C" Community of Virginia Beach. The Youth Opportunities Team is representative of City and State agencies in Virginia Beach that serve youth, including: the City Public Schools, the Community Services Board, the Court Services Unit, Public Health, the Youth Opportunities Office, the Volunteer Council and the City Departments of Agriculture, Housing and Neighborhood Preservation, Parks and Recreation, Police, Public Libraries and Social Services. The Youth Opportunities Team is chaired by the Coordinator of the Youth Opportunities Office, whose advisory body is the City Council- appointed Youth Services Coordinating Council. The Youth Opportunities Team's task is to answer the question, How can the Community work together to have the greatest positive impact on Virginia Beach youth? The best answers to this question come from the Community, resulting in a Plan created by and for the Community. The Community's Vision for Youth: "All Our Children Are Well" The Community's Vision for Youth is saying, with certainty, "All Our Children Are Well." This African phrase is borrowed from the response given to the Masai Tribe's traditional greeting of "And how are the children?" This greeting shows the emphasis the Masai place on youth in their community. It is the vision of the Youth Plan that the Virginia Beach Community makes the same level of commitment to its youth. Mission The mission of the Youth Opportunities Office is to create and sustain a systems approach to providing youth with accessible and available opportunities which improve their quality of life, increase their chances for achievement, promote their development into responsible citizens and prevent or reduce youth problems. This mission applies to all Virginia Beach youth, from age zero to eighteen--24 hours a day, 365 days a year. Guiding Principles The Plan includes ten Guiding Principles that are the values and beliefs, voiced by the Community, which guided the development of the Youth Plan. They serve as a filter for decision making in planning and providing opportunities for youth. They are: We value all youth as resources. We value the voices of youth. We value the importance of developing the whole child - mind, body and spirit. We value the role and importance of family. Page 1 We value partnering with the Community in planning, implementing and evaluating youth opportunities. We believe that a safe and healthy environment is vital to the well-being of youth. We believe everyone has a role in youth development. We believe that diversity builds a strong community. We are committed to investing in prevention. We are committed to linking our actions to the strategic plans of the City of Virginia Beach and City Public Schools. Linkages The Youth Plan is linked to existing frameworks that guided the Team's thinking about youth and families: Virginia Beach, Virginia: Community for a Lifetime, A Strategy to Achieve City Council's l/)'sion for the Future Virginia Beach City Public Schools Strategic Plan 1997-2002 America's Promise for Youth Communities That Care - Social Development Theory Search Institute - Developmental Assets Model National Network for Youth - Community Youth Development Where We Want To Be The current reality for our youth was determined through Community input via forums and surveys and by existing data about youth and their families. After evaluating the current reality and other input from stakeholders, three broad goals (areas of focus) emerged. These goals and the strategies for accomplishing them are: To inform, mobilize and energiz, e the Community around issues related to youth Get everyone involved in promoting positive youth development: by establishing partnerships with youth, parents and Community through community education by increasing public awareness To create and coordinate a continuous system of support and opportunities for youth and their families ,. Bridge gaps and reduce duplication ,. Promote the physical, mental, emotional, social and spiritual well-being of youth Insure that education, activities and services are available, accessible, affordable and provided by well-trained, caring adults with healthy beliefs and standards To coordinate and monitor the Plan to insure full implementation and evaluation An annual report card allows the Community to: ,. monitor the effectiveness of opportunities for youth and their families ,. be pro-active In the Plan, we have listed the desired outcomes that more specifically state where we want to be Page 2 regarding each goal. How We Get There We reach our goals by bridging the gaps between where we want to be and the current reality. How we bridge the gaps is determined by our actions. Actions are defined as the specific steps to be taken by the Community to achieve the desired outcomes. Actions are recommended under each of the three goals, organized by time frames and reflect who is responsible for taking the action. I-Iow We'll Know We're Getting There (Indicators of Success) Indicators of success are the measures that show whether or not we are progressing toward achieving the desired outcomes for youth. They are both quantitative and qualitative in nature and include perceptions, opinions and data. Indicators are especially useful for measuring our progress over time and for planning our future. In the Youth Plan, indicators are provided for each of the three goals. Conclusion The Youth Plan proposes to build on the strengths of Virginia Beach youth and the Community. The strategies and actions are presented from such a perspective, still they are intended to reduce risk factors that lead to delinquency, truancy, school drop-out, grade retention, teen pregnancy, substance abuse and child abuse. The chart following the Executive Summary lists the three (3) goals, as stated earlier, and the actions proposed to achieve the goals. The actions demonstrate that everyone has a role to play in the development of youth. The entire Community stands to benefit if "All Our Children Are Well." Getting everyone involved is the first and most important step in creating a continuous system of Community support for youth. This will insure a sustainable Community where our youth choose to make Virginia Beach their "Community for a Lifetime." Page 3 Virginia Beach Youth Plan Action Plan Goal 1 To Inform, Mobilize and Energize the Community Around Issues Related to Youth IMMEDIATE ACTIONS (1 - 6 MONTHS) RESPONSIBLE: CITY 1. City Council will adopt and support the Vision, "Ali Our Children Are Well"and the Youth Plan as a Community guide for positively impacting the lives of youth. RESPONSIBLE: SCHOOLS 2. The School Board will endorse and support the Vision, "All Our Children Are Well"and the Youth Plan as a Community guide for positively impacting the lives of youth. MID-TERM ACTIONS (6 - 12 MONTHS) RESPONSIBLE: CITIZENS 1. Citizens will support the Vision for Youth by learning and applying the asset building approach in their families and communities. RESPONSIBLE: CITY & SCHOOLS 2. The Family and Youth Opportunities Strategic Issue Team will link to the schools Parental Involvement Advisory Team and will initiate the creations of a city-wide Parent/Family Involvement Advisory Group with diverse parental representation. LONG TERM ACTIONS (13 MONTHS OR MORE) RESPONSIBLE: CITY & SCHOOLS 1. Virginia Beach city and state government departments serving youth will have websites featuring infom~ation about youth and families with a link to Youth Connections. RESPONSIBLE: CITY & SCHOOLS 2. Virginia Beach city and state government department directors will insure that city/state buildings frequented by the public will supply computers for public access to Youth Connections database. RESPONSIBLE: YOUTH OPPORTUNITIES OFFICE RESPONSIBLE: YOUTH OPPORTUNITIES OFFICE RESPONSIBLE: CITY & SCHOOLS YOUTH OPPORTUNITIES TEAM YOUTH OPPORTUNITIES TEAM 3. The Youth Opportunities Office and Youth Leaders in Action will educate adults on how to successfully partner with youth and involve them in decision-making processes. 3. The Youth Opportunities Office, in collaboration with the Department of Public Libraries, will develop and maintain an up-to-date database of Virginia Beach youth services and programs, Youth 3. Virginia Beach Department of Communications and Information Technology will provide technical support, upon request, to agencies that supply computers for public access to the Youth Connections, Intemet. accessible to all citizens via the IMMEDIATE ACTIONS (1 - 6 MONTHS) Connections database. MID-TERM ACTIONS (6 - 12 MONTHS) LONG TERM ACTIONS (13 MONTHS OR MORE) Page 4 IMMEDIATE ACTIONS (1 - 6 MONTHS) RESPONSIBLE: YOUTII OPPORTUNITIES OFFICE YOUTII OPPORTUNITIES TEAM 4. The Youth Opportunities Office will establish a website with a link to Youth Connections. RESPONSIBLE,: CITY & SCHOOLS 5. Schools and City Media and Communications Representatives will assist the Youth Opportunities Team in their development and implementation of a Communications Plan promoting a shared understanding and language regarding the needs and interests of youth, positive images of youth and progress of the plan. MID-TERM ACTIONS (6 - 12 MONTHS) RESPONSIBLE: YOUTH 4. Youth groups and their leaders will market a how-to guide with ideas for positively impacting youth. RESPONSIBLE: YOUTll OPPORTUNITIES OFFICE 5. Youth Opportunities Team will share the Youth Plan with Virginia Beach agency directors and administrators. RE,~PON$,IBLE: CITY & SCHOOLS ORG~qaNIZATIONS/BUSiNESSES/FAITH 6. Virginia Beach public and private agency directors and administrators will educate their staff on the Youth Plan and will submit to the Youth Opportunities Team actions for incorporating aspects of the Plan into the work of their departments and agencies. RESPONSIBLE: CITY & SCHOOLS 7. The Youth Services Coordinating Council will create and implement a plan for engaging the business community in sharing the Vision and supporting youth through new and enhanced partnerships. LONG TERM ACTIONS (13 MONTHS OR MORE) RESPONSIBLE: CITY, SCHOOLS, ORGANIZATIONS/BUSINESSES/FAITH 4. Every agency working with youth will establish a mechanism for convenient and meaningful parental involvement. Page 5 t I i' I I I I I I 1 ) I I I 1 I I I I IMMEOIATE ACTIONS (1 - 6 MONTHS MID-TERM ACTIONS (6 - 12 MONTHS) RESPONSIBLE:: O~GANIZATgON~/BUSINESSE S! FAITH Businesses will incorporate initiatives related to building assets in young people (i.e., mentoring, on-site parent education, youth employment, internships, family friendly business practices, etc.) LONG TERM ACTIONS (13 MONTHS OR MORE) Page 6 Virginia Beach Youth Plan Action Plan Goal 2 To Create A Coordinated and Continuous System of Support and Opportunities for Youth and Their Families IMMEDIATE ACTIONS (1 - 6 ao~rrHS) RESPONS,II~LE: YOUTI! OPPORTUNITIES TEAM 1.The Youth Opportunities Team will identify duplication and gaps in services and make recommendations to the Youth Services Coordinating Council for optimizing resources. RESPONSIBLE: CITY & SCHOOLS 2. City government and Schools will maintain emphasis on the development of the young child (ages 0-6) by supporting the recommendations of the Ready to Learn Team and the Healthy Families Virginia Beach Initiative. Mm-TERM ACTIONS (6 - 12 MONTaS) RESPONSIBLE: YOUTH OPPORTUNITIES TEAM 1. The Youth Opportunities Team will serve as a grant review group to make recommendations on pursuing grants and lead agencies. RESPONSIBLE: YOUTH OPPORTWNITIES TEAM 2. Youth Opportunities Team will establish a LONG TERM ACTIONS (13 MONTHS OR MORE) RESPONSIBLE: CITY& SCIIOOLS; YOLVYII; CITIZENS; ORGANIZATIONS/BUSINESSES/FAITH 1. The Youth Services Coordinating Council will lead the effort in creating partnerships to develop and implement a plan for providing transportation to youth and families beyond school hours, including summer and weekends. RESPONSIBLE: CITY & SCHOOLS; ORGANIZATIONS/BUSINESSES/FAITH 2. Youth service providers will focus on building Youth Provider Network to develop a shared understanding of youth and family needs and to work collaboratively to insure a strong network of Community support for rearing and nurturing youth. developmental assets in youth and will incorporate protective factors in programs and services (i.e., opportunities for youth involvement in decision making, skill development and recognition for involvement). Page 7 ~, I I I I I i I I i ! I I I I 1 ! ,~ I IMMEDIATE ACTIONS (1 - 6 MONTHS) MID-TERM ACTIONS (6 - 12 MONTHS) RESPONSIBLE.: YOUTll OPPORTUNITIES OFFICE YOUTII OPPORTUNITIES TEAM 3. The Youth Opportunities Office will provide youth with a direct link to volunteer and community service opportunities, employment and career development through coordination and collaboration with the Virginia Employment Commission, Public Schools, South Hampton Roads Alliance for Youth (SHRAY) and other orl~anizations. RESPONSIBL.E;: CITY & SCiI~OOLS YOUTH OPPORTUNITIES TEAM 4. The Virginia Beach Volunteer Council and the Youth Opportunities Team will implement the recommendations of the Youth Volunteer Opportunities Workgroup which was chartered to create a plan to increase volunteer opportunities for youth. LONG TERM ACTIONS (13 MONTHS OR MORE) RESPONSIBLE.: CITY & SCHOOLS; ORG ANIZATIONS/BL~S~ESS,ES/FAITll; YOUTH; CITIZENS 3. The City, Schools and businesses will develop initiatives to promote family-friendly business practices. RESPONSIBLE: YOUTH OPPORTUNITIES OFFICE YOUTH OPPORTUNITIES TEAM 4. The Youth Opportunities Team will initiate a system to support neighborhoods in establishing associations, to develop and oversee structured neighborhood-based youth opportunities. RESPONSIBLE.: CITIZENS 5. Citizens will participate in creating and overseeing neighborhood associations. RESPONSIBLE: CITY & SCHOOLS 6. Schools, City and Community agencies will pilot a "Community School", utilizing the building before, during and after school hours to provide a broad range of resources which meet the needs of the community. Page 8 Virginia Beach Youth Plan Action Plan Goal 3 To Coordinate and Monitor the Plan to Insure Full Implementation and Evaluation IMMEDIATE ACTIONS (1 - 6 MONTHS) MID-TERM ACTIONS (6 - 12 MONTHS) RESPONS,IBLE: YOUTH OPPORTUNITIES OFFICE YOUTH OPPORTUNITIES TEAM 1. The Youth Opportunities Office will take the lead on developing a system for data collection, planning and analysis for implementation of the Youth Plan. RESPONSI1M,E: YOUTH OPPORTUNITIES OFFICE YOUTH OPPORTUNITIES TEAM 2. The Youth Opportunities Office will publish an annual report card for public information on the progress of the Plan. RE:~PONSiBLE: SCHOOLS YOUTH OPPORTUNITIES TEAM 3. A youth survey will be administered in the schools every two (2) years to determine risks and assets in youth, families, schools and communities. LONG TERM ACTIONS (13 MONTHS OR MORE) RESPONSIBLE: YOUTI1 OPPORTUNITIES OFFICE YOUTH OPPORTUNITIES TEAM 1. The Youth Opportunities Team will partner with a local university to evaluate the effectiveness and efficiency of existing programs that address child abuse, teen pregnancy, truancy, school dropout, substance abuse and other criminal behavior and to create a model for ongoing program evaluation. RESPONSIBLE: YOUTH OPPORTUNITIES OFFICE YOUTH OPPORTUNITIES TEAM 2. The Youth Opportunities Team will develop a checklist to provide to City Council and City government departments which address youth and family issues to use as a guide when making policies and decisions regarding youth issues and/or funding. I I I I I I I I I ! ! ! t I ! I I t IMMEDIATE ACTIONS (1 - 6 MONTHS) Mm-TERM ACTIONS (6 - 12 MONTHS) RESPONSIBLE: CITIZENS 4. The Community will provide input on progress of initiatives outlined in the Youth Plan. RESPONSIBLE: ORGANIZATIONS/BUSINESSES] FAITH 5. Youth service agencies will provide data and outcome measures for annual report cards. LONG TERM ACTIONS (13 MONTHS OR MORE) COMMUNITY YOUTH VISION "ALL OUR CHILDREN ARE WELL" VISION STATEMENTS Health & WelI-Beine: All our youth receive continuous nurturing by the Community to thrive physically, emotionally, mentally, socially and spiritually. Education: All our youth have access to and are engaged in ongoing opportunities which provide them knowledge, skills and abilities to achieve lifelong success. Nurturing & Caring Community: All our youth are supported by a strong network of community commitment, investment and involvement, enabling them to develop into contributing and responsible adults. Structured Activities: All our youth live, learn and play in safe places and participate in structured activities with caring adults. Youth are Valued as Resources: All youth use their voices and attributes to make meaningful contributions to their families, schools and communities. Diversity: All youth have diverse backgrounds and experiences that are recognized and valued. Page 12 BACKGROUND ANDHISTORY In October 1996, as part of the City govemment's ongoing strategic planning process, a Strengthening Families subgroup was convened to develop a collaborative systems approach among youth-serving agencies and to create increased opportunities for school-age children beyond current instructional hours. This group recommended the establishment of the Youth Opportunities Office to coordinate efforts, optimize shrinking resources and promote collaboration among agencies providing services to youth in Virginia Beach. In 1997, City Council demonstrated its commitment to youth by approving funding for the Virginia Beach Youth Opportunities Office. The result was the opening of the Youth Opportunities Office in May 1998. Mission The mission of the Youth Opportunities Office is to create and sustain a systems approach to providing youth with accessible and available opportunities which improve their quality of life, increase their chances for achievement, promote their development into responsible citizens and prevent or reduce youth problems. This mission applies to all Virginia Beach youth, from age zero to eighteen--24 hours a day, 365 days a year. The Youth Opportunities Team was established and began meeting in November 1998 for the purpose of achieving this mission. Youth Opportunities Team The Youth Opportunities Team is representative of City and State agencies that serve Virginia Beach youth, including: City Public Schools, Community Services Board, Juvenile Court Services, Public Health, the Youth Opportunities Office, the Volunteer Council, the Virginia Beach Departments of Agriculture, Housing and Neighborhood Preservation, Parks and Recreation, Police, Public Libraries and Social Services. The Youth Opportunities Team's task is to answer the question, How can the Community work together to have the greatest positive impact on Virginia Beach youth? In alignment with the City and Public School goals to involve the Community in decision making processes, the Youth Opportunities Team sought Community input in answering the question. The result is the Youth Plan, to be used as a blueprint for our vision of insuring the success of our youth. Community's Vision for Youth The Plan begins with our vision for youth--ALL OUR CHILDREN ARE WELL--created by the Youth Opportunities Team with the aid of ad hoc groups of community members including youth. The African phrase was adopted from the Masai tribe, who greet each other by asking, "And how are the children?" The response is "All the children are well." This shows the emphasis the Masai place on youth in their community. It is the vision of the Youth Opportunities Team that the Virginia Beach Community makes the same level of commitment to its youth. In developing the vision, ideals from America's Promise, the national youth effort lead by General Colin Powell, were incorporated. America's Promise addresses five fundamental Page 13 resource areas that all youth need to insure they have a foundation on which to grow. The areas are: A caring adult, mentor or coach A safe place to grow and learn A healthy start for a healthy future Effective education for marketable skills An opportunity to give back through community service Locally, America's Promise is being realized through South Hampton Roads Alliance for Youth (SHRAY), a collaboration of five (5) regional Cities of Promise, including Virginia Beach. Contributors to the Plan The development of the Youth Plan was enhanced by a review of more than twenty youth plans from across the country. After careful evaluation of the plans, the Youth Opportunities Team agreed to extract characteristics from Claremont, California's Youth Master Plan and Hampton, Virginia's Plan for Youth. The Plan is based upon community input gathered from: Safe Schools Forum held in May 1999 Youth Forum held in August 1999 Diversity Youth Forum held in November 1999 Dialogue with elementary, middle and high school guidance counselors Yes-2-Kids Youth Service Providers Forum held in December 1999, sponsored by the Youth Opportunities Team Surveys were also distributed to gather information from parents, youth and Virginia Beach businesses. Lastly, a draft review group consisting of seventy-five (75) key stakeholders reviewed and critiqued the Plan, prior to City Council's adoption by Resolution. Linkaees The next step in creating the Plan was to link to existing initiatives that have a connection to youth and their families. These include the Virginia Beach City Public Schools Strategic Plan 1997 - 2002 and the City government Strategic Plan, Virginia Beach Community for a Lifetime, which focuses on the Six Businesses of the City: Family and Youth Opportunities Safe Community Economic Vitality Quality Education and Lifelong Learning Quality Physical Environment Cultural and Recreational Opportunities Page 14 The Virginia Beach City Public Schools' strategic plan consists of the following goal areas: Expanded Instructional Opportunities Through Data-Driven Curriculum Safe Schools and Effective, Well-Disciplined Environment Effective, Efficient Use of Resources to Create Quality Educational Opportunities Technology Integrated Into Our Curriculum and Instruction Recognition of Our Diversity - Respect for all People Quality Work Force: Trained and Accountable for Performance Meaningful Involvement of Community, Parents, and Partners The goals of the Youth Plan relate to America's Promise and the strategic plans of City government and Schools. All three documents are concemed with optimizing resources, safety, education and training of youth and the workforce. Other common themes are diversity, integrating technology and effective Community and parental involvement. The Youth Plan is about youth and their families, wherever they are, 24 hours a day, 365 days a year. Page 15 YOUTH DEVELOPMENT FRAMEWORKS The Virginia Beach Youth Plan supports a positive youth development approach that places great value on young people and emphasizes their strengths and potential, regardless of their situations. Positive youth development does not deny that young people may have serious problems or need special services. The focus is on the need to develop and nurture youth rather than focusing only on problems. Positive youth development is a combination of all the people, places, supporting elements, opportunities and services that young people need to be happy, healthy and successful. Youth Development is about young people, programs and systems that provide all youth with the supports and opportunities they need to become empowered. Community Youth Development One framework that guides our thinking, created by the National Network for Youth, is Community Youth Development. Assumptions central to a Community Youth Development approach are: Youth problems and their prevention are Community problems and responsibilities; the causes of youth problems and their solutions are found in the Community. The Community is responsible for changing those conditions that contribute to youth problems. Improving the quality of life for our young people is accomplished through cooperation with key decision makers, human service providers and youth and adult citizens. Scientific Research Based Models The Youth Plan is also based on scientific models of youth development. Two of those models come from the Search Institute's Developmental Assets and the Communities that Care Social Development Strategy. Developmental Assets The Search Institute's Developmental Assets model recognizes that youth need assets to be successful. Research indicates the more assets youth possess, the more likely they are to succeed and the less likely they are to become involved in risky behavior. Young people who are successful, despite being confronted with many challenges, have a number of positive influences in their lives. The concept of developmental assets emerged out of their study of 500,000 youth, grades 6-12, in more than 600 United States communities. The developmental assets are elements that all youth need in order to be healthy, caring, principled and productive. There are 40 developmental assets, 20 external and 20 internal. The following are the categories of assets: Page 16 External Assets: Primarily from families, other adults and institutions; they surround youth with: Support Empowerment Boundaries and High Expectations Constructive Use of Time Internal Assets: Attitudes and values that nurture youth from within and include: Commitment to Learning Positive Values Social Competencies Positive Identity Research shows that healthy relationships and bonding to family, school and community are key factors that protect and that building assets in young people is an ongoing process which requires consistent, positive messages. Duplication and repetition are important. This means that all levels of the Community need to share and reinforce the same messages. Social Development Strategy (Risk and Protective factors) The Social Development Strategy is based on reducing risk factors and enhancing protective factors. Risk factors are specific characteristics which increase the chances of a child having behavior problems. Table 4/1 on the following page provides examples of risk factors impacting youth in Virginia Beach. One or more of these risk factors increase the likelihood that a child will develop problem behaviors in adolescence, such as drug abuse, violence and delinquency. The more risk factors to which an individual is exposed, the greater the likelihood he/she will engage in problem behaviors. If risk factors are reduced, the probability that children will succeed will increase. This is known as risk-focused prevention. Protective factors buffer exposure to risk by promoting positive behavior, health, well- being and personal success. Table 4/2 on page 21 lists the protective factors for all youth and strategies to achieve positive behavior outcomes. These frameworks share several key factors instrumental to successful youth development. In essence, the entire Community must take responsibility for youth to insure they develop positive relationships with caring adults and consistently receive the same messages regarding boundaries and expectations. These factors are critical to the success of our youth. Every adult can take an interest in youth and find ways, small or large, to build on a young person's assets and strengths. Page 17 0 0 CURRENT REALITY AND THE COMMUNITY'S PERSPECTIVES Collecting and tracking data and information about Virginia Beach youth and their families help us determine their needs and identify gaps in services and opportunities. For the purposes of the Youth Plan, the data and information were organized into seven categories. Each of the categories is described below. CITY OF VIRGINIA BEACH: Virginia Beach is the most populated city in the state with an estimated 439,000 citizens. In 1990, the population of Virginia Beach was 393,069 with an ethnic composition of 14% African American, 80% Caucasian and 6% other. This is the most current data for the general population. It is comprised of 259 square miles of land and 51 square miles of water. Approximately 32,700 acres of Virginia Beach land is under cultivation for farm use. Virginia Beach ranks first in the nation in safety for a city of its size. The Virginia Beach economy is comprised of a diverse range of activities from four military bases to agribusiness, construction, real estate, tourism and related businesses. In 1997 there were over 2.5 million visitors to our city. Per capita income estimates in 1998 and 2000 indicate that Virginia Beach income continues to be above other cities in the region. However, estimates for the year 2000 show the city's per capita income ($28,000) to be 5.7 percent below the state's average ($29,702). As in the nation, unemployment in Virginia Beach remains low at 2.8 percent for 1998 (latest available data). In 1994, the number of Temporary Assistance to Needy Families (TANF) recipients in Virginia Beach was 3,449. In 1997, welfare reform began and the number of Virginia Beach families receiving TANF benefits decreased to 1,444 by the end of 1999. During the same time period, the number of persons receiving food stamps was at an all time high of 12,000, reduced to 6,000 in 1999. There has been a gradual rise in the number of students eligible for the free and reduced price school lunch program from 19.7 percent (14,229) in 1991-92 to 24.5 percent (18,627) in 1998-99. Data from Virginia Beach City Public Schools indicates a significant change in the ethnic composition of the student membership from 1991 to 2000: Student Ethnic Composition I STUDENTS I 1991-92 1999-00 I Percentl Number PercentI Number Caucasian 73.8% 53,815 64.2% 49,700 African American 18.8% 13,631 26.7% 20,661 Page 20 I 1991-92 I 1999-00 STUDENTS Percent I Number I Percent I Number Asian/Pacific Islander 5.5% 4,002 5.4% 4,161 Hispanic 1.8% 1,285 3.5% 2,680 Native-American .1% 55 .2% 161 The Virginia Beach City Public School system is comprised of 55 elementary schools, 15 middle schools and 13 high schools. Over 77,000 students were served during the 99-00 school year in grades K-12. Elementary school enrollment was 36,393; middle school enrollment was 18,379 and high school enrollment was 22,541. The special education population accounted for 12.7%. In the 1998/99 school year, the gifted population accounted for 10.7%. During the same period, 549 students were registered as home schoolers. PARTNERSHIPS Effective partnerships enhance the quality of life for youth. Working as partners produces maximum benefits from our efforts and resources, discourages the duplication of services and encourages a holistic approach to working with and on behalf of young people. The most effective collaborative efforts established on behalf of youth are careful to involve parents and youth as lifelong partners. In forums and surveys, major stakeholders clearly expressed the desire to establish effective partnerships between members and groups within the community, specifically among youth, families and the Community. Service providers noted the multiplied effect when resources and ideas are pooled together. Parents and providers expressed a need for parental involvement wherever children are involved. Youth noted a desire to contribute to their community through service and leadership roles. Virginia Beach is no stranger to effective partnerships for youth. Our public schools' focus on partnerships has resulted in rewarding experiences for thousands of students and over 6,000 businesses and community organizations. In addition, agencies and organizations are working together to provide comprehensive services to youth and families more today than in the past. The Virginia Beach Youth Plan focuses on establishing partnerships that have the greatest positive impact on youth. Partnerships With Youth Youth want to be meaningfully involved in their families, schools and communities. In a Youth Forum held in 1999, Virginia Beach youth reported that if given the opportunity, they would participate in activities that give them a voice in making decisions about life in our city. Page 21 Engaging youth in service and decision making has major benefits to both youth and the Community. Community service and leadership roles are primary opportunities for empowering youth. Empowerment builds self-esteem and commitment to the Community. Although youth partnership opportunities exist, they are minimal in comparison to the number of agencies and individuals making decisions on behalf of youth. Of the 33 City departments in Virginia Beach, 13 provide direct services to youth. Fewer than 100 youth serve in decision making capacities in only 5 of these agencies. Young people are valuable resources. They have much to offer and should be encouraged to contribute. In particular, agencies that provide services to youth should seek sustained youth involvement in determining the types of programs and activities they provide. Youth-adult partnerships are complex and must be nurtured in order to be successful. Youth must be trained to be leaders and adults must be trained to allow youth to lead. Our desire is to create a comprehensive system of opportunities for youth to be meaningfully involved in the life of the community. Partnerships With Families Parents and families provide the first level of support for their children. Parents are the most significant adults in children's lives. It is essential that families have the resources, skills and support to provide proper care in raising their children. Effective partnerships/relationships with families, in schools and the Community, insure a strong network of support for nurturing and rearing our children. Three areas that require attention are: Child Care: There are 262 licensed child care providers and centers in Virginia Beach. According to the Vision and Indicators report by the Planning Council (2000) there is an average of 60 children on waiting lists for subsidized child care. This number has dropped over the years with the infusion of Welfare Reform dollars to alleviate the shortage. However, the long, albeit diminished, waiting lists are also attributed to the state certifying workers with minimal child care training. Additionally, child care providers in Virginia earn less than providers in other areas, creating turnover and instability in the lives of children. Parents with lower incomes are prone to seek child care from unlicensed providers. Parents, regardless of income, should have access to affordable quality child care. Parental Involvement: Parents should play a significant role in the decision making as it relates to the care, education and activities of their children. Studies show that children whose parents are most involved in their education perform better in school than those whose parents are not involved. The Community, parents, educators, businesses and service providers expressed a desire to have more parents involved in their children's activities. There are 43,300 parents who are members of the public school Parent Teacher Association (PTA), of which 20% actively participate. There are many instances of effective parental involvement in the schools and the community, Page 22 such as Volunteers in Education, neighborhood sports leagues and scouting. One goal of the Virginia Beach City Public Schools is to develop and publish a plan for effective parental involvement in the educational process of their children, essentially creating partnerships with parents. This initiative has begun with the establishment of a Parents' Involvement Advisory Team. A number of factors determine whether or not parents participate in schools or community advisory groups. Meetings may be held at times when working parents cannot attend. Lack of transportation may be an issue, as may the fact that they are more concerned with meeting the basic needs of their children, lowering education on their list of priorities. Schools and agencies may not be perceived by parents as friendly and inviting. Parents and youth benefit when youth serving organizations establish mechanisms for convenient and meaningful parental involvement. Parental Training and Support: Parents need time to attend to the needs of their children and to acquire and enhance skills that promote quality parenting. Virginia Beach employers in collaborative efforts with the Community can provide support to parents by granting leave time to enable parental participation in activities or to provide care to sick children. The community may assist in supporting parents by recruitment of qualified volunteers to serve as caretakers and mentors for parents to enhance parenting skills. Work sites may be used to provide parent-training sessions based on expressed needs of participants. Partnerships with the Community: Everyone has a role to play in the development of our youth. The proverb "it takes a village to raise our children," holds true in Virginia Beach. Mobilizing the Community to become partners in our vision must begin at the highest level of influence, the Virginia Beach City Council. City Council's adoption of the Community Vision for Youth, "All Our Children Are Well", sets the stage for a higher level of responsibility to make youth a priority. Essentially, this is a commitment to form partnerships to positively impact the lives of Virginia Beach youth. There are certain basic tools all children need to be well. The language and understanding of the tools are not universal, leaving otherwise caring adults without the information to successfully participate in the "village" experience. The Youth Plan calls for informing, mobilizing and energizing the Community to increase awareness about and encourage their participation in positive youth development. In many cases, funding for youth programs is provided according to services that are mandated. In other instances, grants are awarded based on the availability of funding. In 1999 City Council approved a number of grants for youth programs targeting various issues. Prioritizing funding to optimize our resources will help achieve the results desired by the Community. Page 23 AWARENESS In forums and surveys, stakeholders resoundingly indicated their need for increased awareness and accessible information in several areas: services and opportunities for youth what youth need to succeed and what roles adults can play positive images of youth Youth, families and the Community should be aware of all available opportunities for youth. There are a number of mechanisms to distribute information through schools and public and private organizations. Youth Connections, a database of youth services and activities, will allow the Community to access information regarding all services for youth. The Youth Plan promotes the establishment or enhancement of a providers network to share information and work collaboratively for the needs of youth. A Community committed to positive youth development must have information regarding what youth need to succeed and what roles adults can play. The Community needs a shared understanding of how to build developmental assets in young people and reduce risk factors that contribute to problem behavior. Young people traditionally report that adults perceive them negatively. An aggressive community awareness campaign will be implemented utilizing support from city, schools and private media partners. Community partnerships with the media to showcase positive images of youth will help change adult perceptions. Information provided through a variety of venues including: Youth Connections, a providers network, the Youth Opportunities Office web page, a Virginia Beach Youth web page, newsletters, print and broadcast media will help increase Community awareness about issues related to youth. HEALTH AND WELL-BEING Virginia Beach is recognized nationally as a safe and healthy place to live. However, there are still gaps. The Plan emphasizes prioritizing funding to implement initiatives that promote the healthy development of children ages 0-6 and reduce problem behaviors such as drug and alcohol abuse, crimes against property, truancy, school dropout and teen pregnancy. If Virginia Beach is to be a Community for a Lifetime, the health and wellness of our youth must remain a priority. Juvenile Crime The crime rate for juveniles in Virginia Beach is the lowest in the region. Juvenile arrests for violent crimes decreased more than 50%, between 1996 and 1998, from 145 to 70. According Page 24 to the local Court Services Unit, the total number of delinquency complaints, which include violent crimes and range from possession of marijuana to murder, decreased from 4,561 in 1998 to 3,898 in 1999. Status offenses - violations related to youth under 18 years old, i.e truancy, curfew, possession of alcohol, and Children in Need of Services (CHINS) decreased from 956 in 1998 to 763 in 1999. In 1998, there were 1,583 Virginia Beach juveniles in pretrial incarceration. Enforcement of detention quotas, in 2000, caused a decrease in the number of juveniles in the Tidewater Detention Home. Probation and parole violators represent a significant number of Virginia Beach youth in the Tidewater Detention Home. During the three (3) year period of 1996 -1998, there were an average of 362 juvenile arrests for possession of drags. In addition, the number of juvenile arrests for violations of liquor laws have increased 80% since 1996, a correlation to the high number of adult drunk driving arrests. There were 1,320 property crimes, a decrease of 244 from 1996-1998. Property crimes reflect low attachment levels to the community. Teen Pregnancy There were 1,052 pregnancies for girls 10 -19 years old in 1998 in Virginia Beach. According to Vital Statistics, these pregnancies resulted in 615 deliveries, 407 induced abortions and 30 spontaneous abortions (miscarriages/deaths). The number of teen pregnancies and consequently the number of abortions are currently addressed through teen pregnancy prevention collaboratives such as Partners in Prevention. Newborn to Six Years Old Teen pregnancy often results in low birth weight. Low birth weight babies face a greater risk of infant mortality or lifelong disabilities, both mental and physical, than babies born 5 lbs. 8 oz. or more. In Virginia Beach, there were 454 low weight births in 1997, down from a high of 518 in 1994. There were 57 infant deaths in 1996 and in 1997. The Health Department's campaign to immunize all children has resulted in 90 % of all children being immunized. Children ages 0-6 have special developmental needs with lifetime implications for health and success. Several public schools have "Ready to Learn" outreach initiatives designed specifically for preschoolers in their school zones. Academic failure and juvenile delinquency are often attributed to lack of proper nurturing, rearing and health care during these major brain development years. This awareness prompted the City of Virginia Beach to establish the Ready to Learn Team and support the Healthy Families Virginia Beach Initiative, both of which share the mission to insure that all children are bom healthy and enter school ready to learn. Both teams have broad based community representation from City government, schools, and the community. The Ready to Learn Team focuses on creating and expanding resources and opportunities for young children and families while educating parents and the Community on the developmental needs of the children. The intensive home visiting component of the Healthy Families Virginia Beach Initiative, Healthy Start, currently provides services to only Page 25 100 of the 800 eligible families. This represents a tremendous gap in services for many pre- school children, who are among our most vulnerable citizens. Child Abuse The number of children involved in founded child abuse cases decreased, from 969 children in fiscal year 1996-97, to 890 children in fiscal year 1998-99. The abuse of 890 children is high and a reality we must confront in our community. School Safety Virginia Beach City Public Schools have a good safety record. A Virginia Beach Police School Resource Officer is located at each middle and high school, providing a sense of security for students and faculty. The perception of schools being unsafe usually increases when incidents of violence occur in other areas, such as the case in Columbine. However, a 1999 survey of 300 Virginia Beach students, following the Columbine massacre, revealed that over 90% of middle and high school participants feel that schools are safe. Virginia Beach City Public Schools have regularly scheduled school safety audits that review security procedures, emergency plans and building safety. School Discipline School safety may be viewed from the nature of disciplinary referrals. In the 1999-2000 one (1) student was referred for firearms. Chemical abuse violations (263) represented the highest number of disciplinary referrals to the Office of Student Leadership in 1999/00. In 1997, Schools partnered with the Community Services Board (the public agency for mental health, mental retardation and substance abuse) to implement the Substance Abuse Intervention Program (SAIP). SAIP provides an opportunity for first time violators of the Schools' drug policy to receive intensive substance education while continuing their academic education, in lieu of long term suspension. During the 1999 - 2000 school year, 200 students were referred to SAIP. The majority of students recommended for long term suspension or expulsion take advantage of alternative placements recommended by the school division. The Suspension Intervention Program (SIP) provides an alternative to short term out-of-school suspension. Truancy All middle and high schools currently utilize the services of well-trained School Police Resource Officers and school social workers to address truancy issues. Truancy is measured by absenteeism from school ten (10) days or more. In 1998-99, 85% of the students in middle school (grades 6-8) were absent 10 days or less. Conversely, 15% of those students were absent more than 10 days. High absenteeism leads to academic failure, a detachment to school and dropping out of school. In July 1999, changes were made to the State attendance code requiring localities to take specific actions when students are truant. Court services opened a new Children in Need of Services (CHINS) unit in July 1999, to work with non-adjudicated youth who have been truant from school. Previous truancy reduction programs in Virginia Beach reduced the incidence of crimes committed by juveniles during school hours. Page 26 EDUCATION AND TRAINING Youth service providers at the 1999 Y2K forum identified the education and training of service providers, parents, and youth as a need. The City strategy document emphasizes and encourages support for community-based efforts to provide skills and training for responsible parenting, care giving, and adult mentoring of children. There needs to be a shared understanding of the language and needs of youth. This can be achieved through systematic training throughout the community. It is important for those providing services to our youth to be competent and well trained. The City and schools have placed priorities on these needs and are providing opportunities for education and on-going staff development. Student Education Youth are offered comprehensive educational programs though public and private schools. In 1997, the Standards of Leaming (SOL) were implemented in Virginia schools to assure minimum standards of education for all students. Early indications from the testing in Virginia Beach in 2000 shows that 16 schools met full standards and 38 additional schools met standards in all but one area. Remediation programs are offered at all schools and in communities by several agencies including the Youth Services Corporation and the City government's Community Action Resource and Empowerment (CARE) to assist students who are at risk of not meeting the standards. The Virginia Beach School division's focus on quality promotes the student's role as an active participant in the educational process with valuable input into their own education. Educators/Youth Services Providers Many opportunities for education and training of youth service providers, in schools and the community, currently exist. One of the School Board's seven major strategic plan goals focuses on the continued development of a quality workforce, trained and accountable for performance. Extensive and continuous training, focusing on student learning and achievement, is offered to school administrators and educators alike. Teachers are also paired with experienced mentors who provide guidance and support for early career success. Through Partners in Education (over 12,000), and Volunteers in Education (over 13,000 annually), all volunteers supporting public education in Virginia Beach receive training prior to their service in schools and work under the direct supervision of school staff. Becoming a licensed childcare provider requires a minimum level of training and continuing education. This minimum appears to be inadequate for those providing services to the 0-6 population. Expansion and improvement of training initiatives is critical. There is an on-going need to reach target populations not currently taking advantage of training efforts. Parental Training When parents have the knowledge, skills and abilities to nurture healthy and happy families, we see reductions in child abuse and neglect and an increase in parental participation in school and community activities. Parenting programs are offered by many agencies, including the Page 27 Community Services Board; the Department of Social Services; the Schools; Virginia Beach Council of PTAs, Navy Family Services and other private and faith-based organizations. Various strategies have been utilized to increase participation, such as the provision of child- care, transportation and daytime and evening classes. Despite these many offerings, classes are not always well attended. Services need to be more accessible in the communities, churches, and schools and to those who are willing to participate. Grade Retention and School Dropout The degree to which children enter school ready to leam is measured in part by the kindergarten retention rate. Virginia Beach kindergarten students were held back at a rate of 2.3 percent in 97/98, compared to the state average of 4.2 percent and the regional average of 6.8 percent. During the same period, sixth grade students were held back at a rate of 9% and the percentage increased to a high of 18% in the 9th grade. In 1998/99, kindergarten, sixth and ninth grade retention rates in Virginia Beach changed slightly to 3%, 8% and 20%, respectively. It appears that students have greatest difficulties at the transition to middle school (sixth grade) and again at the transition to high school (ninth grade). Virginia Beach's dropout rate for the 97/98 school year, grades 7-12, was 4.92% where the State average was 3.27%. In 98/99 the Virginia Beach dropout rate decreased to 3.30%. The State average is unknown for same time period. Alternative education programs specifically train staff to address challenging student behaviors, low academic achievement, and offer alternatives to graduation such as a GED program, if other interventions have not been successful. Computer Technology Computers are now being used in most every aspect of life. However, there appears to be a "digital divide" between those who are computer literate and those who have little or no computer access or ability. To help bridge the "digital divide," schools have piloted projects such as Computers for Kids in interested schools, increasing home access to computers for the students. Every school has classroom computers, computer labs, and access to the intemet. A survey of school administrators (May 2000) indicated that 72% of school computer labs are used after school hours, primarily by students, staff and parents. In fact, the computer lab at Creeds Elementary School will be available to the Community and staffed by the public library when not being used by the school. A school system task force of school and community members is currently exploring the need/cost/benefit of opening the school computer labs further to the community. Computer classes, funded through a grant from the Bill & Melinda Gates Foundation, are offered in the community at two (2) public libraries. Also, three (3) community recreation centers house computer labs for public use. ACTIVITIES AND SERVICES Virginia Beach is rich in services and opportunities for youth. However, the Community assessment reveals room for service improvement through the effective use of data, by insuring accessibility and through greater coordination and collaboration of existing opportunities. Page 28 Utilizing data to guide our actions will result in more effective programs. While many Community agencies maintain extensive data, there is no central clearing house for accessing all community data. Youth and their parents want services to be accessible. They defined accessible in three (3) categories: transportation, community-based and affordable. Transportation was mentioned more frequently than any other barrier to youth and parental involvement. Lack of transportation limits access to special events and the wide array of activities in the area. Recreation centers are often not within walking distance and many areas have no continuous bike paths. Community-based activities and services are easily accessible and present opportunities to promote bonding and a sense of connection. Citizens should have a voice in deciding what services and opportunities should be available in their communities and play a role in sustaining them. Schools are often ideal locations for community-based programs and services, but there are currently no Community Schools in Virginia Beach. Affordability is a factor in whether or not services are accessed. Many activities and services require a fee, often not affordable to some parents and youth. Fee waivers or sliding fee scales are available in some instances. Coordination and collaboration between providers result in bridged gaps in services and unduplicated efforts. They assist in making sure our resources are appropriately allocated and managed. ANALYSIS AND PLANNING How do we know if what we're doing is actually working? As stated earlier, Virginia Beach has a variety of programs and services which address the needs of youth and their families. Currently, there is no systematic process in place to evaluate the effectiveness and efficiency of our work. Such a system, including a program evaluation model utilized by schools and community organizations, will assist in determining the Community's progress in positively impacting the lives of youth and provide direction for continuous efforts. The Youth Plan recommends partnering with a local university to evaluate existing programs, particularly those addressing the problem behaviors highlighted in the Plan. Such an approach would effectively add expertise and independence to the evaluation efforts. Page 29 WHERE WE WANT TO BE AND HOW WE'LL GET THERE Based on the current reality and the community's perspectives on youth, three (3) goals emerged which indicate where the Community wants to be regarding youth. These goals are very broad in scope and as shown in the Map of the Plan on the previous page, they are the umbrella for the more specific parts of the Plan. It is important to note that achieving these goals is only possible with the commitment of the entire Community. For each goal, there is a set of desired outcomes, strategies, actions and indicators. Desired outcomes more specifically describe where the Community wants to be and fall into the six categories outlined on the Map. The most specific pieces of the Plan, the strategies, indicators and actions, are derived from the desired outcomes. Strategies tell us how we can achieve our desired outcomes and goals, while the actions are specific steps to achieve the desired outcomes and, ultimately, the goals. The actions are broken down into immediate, mid-term and long- term time periods. Each action is only listed once, although some achieve more than one desired outcome. The indicators of success will be used to measure our progress. Goal 1 To Inform, Mobilize and Energize the Community Around Issues Related to Youth All members of the Community can share the vision and accept responsibility for nurturing happy, healthy youth and their families. To achieve this goal, the Youth Opportunities Team will share the Youth Plan, provide opportunities for dialogue and welcome continuous feedback from all members of the Community. The resulting increase in awareness of youth issues and opportunities will encourage the commitment, support and involvement of everyone. Desired Outcomes Youth, parents and the Community understand and share the Community vision for youth. The Community has a shared understanding and language regarding the needs and interests of youth. The Community, especially youth and parents, are actively involved in the development and implementation of diverse youth opportunities. Youth bring energy, fresh ideas and a willingness to learn to the Community. Parents and the Community encourage and support participation in youth opportunities. Youth, families and the Community are aware of all opportunities for youth. Community partners work collaboratively to promote opportunities and publicize positive images of youth. Page 31 Recommended Strategies Get everyone involved in positive youth development Value youth as resources Create opportunities for parental and community involvement Increase public awareness and education about resources, opportunities and what youth need to be healthy and successful Immediate Actions (One to six months) 1. City Council will adopt and support the Vision, "All Our Children Are Well" and the Youth Plan as a Community guide for positively impacting the lives of youth. 2. The School Board will endorse and support the Vision, "All Our Children Are Well"and the Youth Plan as a Community guide for positively impacting the lives of youth. The Youth Opportunities Office, in collaboration with the Department of Public Libraries, will develop and maintain an up-to-date database of Virginia Beach youth services and programs, Youth Connections, accessible to all citizens via the Internet. 4. The Youth Opportunities Office will establish a website with a link to Youth Connections. o Schools and City Media and Communications Groups will assist the Youth Opportunities Team in their development and implementation of a Communications Plan promoting a shared understanding and language regarding the needs and interests of youth, positive images of youth and progress of the Plan. Mid-Term Actions (6-12 months) 1. Citizens will support the Vision for Youth by learning and applying the asset building approach in their families and communities. The Family and Youth Opportunities Strategic Issue Team will link to the schools Parental Involvement Advisory Team and will initiate the creation of a city-wide Parent/Family Involvement Advisory Group with diverse parental representation. 3. The Youth Opportunities Office and Youth Leaders in Action will educate adults on how to successfully partner with youth and involve them in decision-making processes. 4. Youth groups and their leaders will market a how-to guide with ideas for positively impacting youth. 5. Youth Opportunities Team will share the Youth Plan with Virginia Beach agency directors and administrators. Page 32 o Virginia Beach public and private agency directors and administrators will educate their staff on the Youth Plan and will submit to the Youth Opportunities Team actions for incorporating aspects of the Plan into the work of their departments and agencies. o The Youth Services Coordinating Council will create and implement a plan for engaging the business community in sharing the Vision and supporting youth through new and enhanced partnerships. o Businesses will incorporate initiatives related to building assets in young people (i.e., mentoring, on-site parent education, youth employment, internships, family friendly business practices, etc.) Long-Term Actions (13 months or more) 1. Virginia Beach city and state government departments serving youth will have websites featuring information about youth and families with a link to Youth Connections. Virginia Beach city and state government department directors will insure that city/state govemment buildings frequented by the public have computers for public access to Youth Connections database. o Virginia Beach Department of Communications and Information Technology will provide technical support, upon request, to agencies that supply computers for public access to the Youth Connections database. 4. Every agency working with youth will establish a mechanism for convenient and meaningful parental involvement. Indicators of Success Youth report that they have opportunities to provide input Increases in the number of youth who are members on councils, committees and boards Youth feel their opinions are taken seriously Increase in the number and diversification of members on the Youth Opportunities Team Number of City departments and Community agencies that submit Youth Action Plans Number of new and/or enhanced partnerships with businesses and agencies Number of staff, parents, businesses and communities trained on Youth Development approaches Number of adults trained to partner with youth Number of how-to guides distributed Number of active members on the City-Wide Parent Involvement Advisory Group >- Diversification of members on the City-Wide Parent Involvement Advisory Group Number, location and utilization rate of computers set-up for public use Page 33 Number of visits to Youth Connections website Number of visits to the Youth Opportunities website Results of database survey Number of media spots portraying positive images of youth Goal 2 To Create a Coordinated and Continuous System of Support and Opportunities for Youth and Their Families Creating a coordinated and continuous system of diverse opportunities accessible to all youth and their families promotes the physical, emotional, mental, social and spiritual well-being of youth and insures that all children live, learn and play in safe places. A system, maintained by a coordinated network of community support improves the likelihood of bridging gaps and reduces duplication of services. Desired Outcomes The Community enables youth to participate in opportunities that reflect diversity. >- Virginia Beach employers are supportive of families. The Community provides opportunities for adults that enable them to be good parents. Governing agencies make youth a priority through decision-making, legislation and funding. >- All youth have access to and are encouraged and mentored by qualified, caring adults at home, school and in the Community. Services to youth are in alignment with and supported by the Plan. >- The Community is a nurturing environment in which opportunities to learn and play in safe places are available and accessible for families of all income levels. Youth access to transportation is not limited by income, special needs, or the neighborhood in which they live. Youth and their families have what they need to develop the emotional, intellectual and social skills and abilities to be productive members of society and to be physically and spiritually well. All youth participate in healthy leisure activities, building habits for lifelong health. Parents have the knowledge, skills and abilities to nurture happy, healthy families. Youth service providers have the knowledge, skills and abilities to positively impact youth. Recommended Strategies Take effective action to: · Improve coordination and collaboration · Improve services to children ages 0-6 Page 34 Improve accessibility to services, programs and opportunities Develop shared language and knowledge Reduce Child Abuse Reduce problem behaviors: delinquency, drug abuse, teen pregnancy, truancy and school drop out Reduce grade retention Immediate Actions (One to six months) 1. The Youth Opportunities Team will identify duplication and gaps in services and make recommendations to the Youth Services Coordinating Council for optimizing resources. City government and Schools will maintain emphasis on the development of the young child (ages 0-6) by supporting the recommendations of the Ready to Learn Team and the Healthy Families Virginia Beach Initiative. Mid-Term Actions (6 - 12 months) 1. The Youth Opportunities Team will serve as a grant review group to make recommendations on pursuing grants and lead agencies. Youth Opportunities Team will establish a Youth Provider Network to develop a shared understanding of youth and family needs and to work collaboratively to insure a strong network of community support for mating and nurturing youth. o The Youth Opportunities Office will provide youth with a direct link to volunteer and community service opportunities, employment and career development through coordination and collaboration with the Virginia Employment Commission, Public Schools, Virginia Beach Volunteer Council, South Hampton Roads Alliance for Youth (SHRAY) and other organizations. The Virginia Beach Volunteer Council and the Youth Opportunities Team will implement the recommendations of the Youth Volunteer Opportunities Workgroup which was chartered to create a plan to increase volunteer opportunities for youth. Long-Term Actions (13 months or more) The Youth Services Coordinating Council will lead the effort in creating partnerships to develop and implement a plan for providing transportation to youth and families beyond school hours, including summer and weekends. Youth service providers will focus on building developmental assets in youth and will incorporate protective factors in programs and services (i.e., opportunities for youth involvement in decision making, skill development and recognition for involvement). Page 35 3. The City government, Schools and businesses will develop initiatives to promote family- friendly business practices. The Youth Opportunities Team will initiate a system to support neighborhoods in establishing associations to develop and oversee structured neighborhood-based youth opportunities. 5. Citizens will participate in creating and overseeing neighborhood associations. o Schools, City government and other Community agencies will pilot a "Community School", utilizing the building before, during and after school hours to provide a broad range of resources which meet the needs of the Community. Indicators of Success Youth report meaningful involvement in the Community Youth report positive experiences with adult mentors Youth report feeling safe in their families schools and community Youth Opportunities Office adequately staffed to address actions outlined in Plan Number of developmentally-appropriate programs and services available for ages 0-6 Number of children ages 0-6 enrolled in programs and services Outcomes for children, ages 0-6 and their families, enrolled in programs and services Number of grants which target areas prioritized in Youth Plan Dollar amount of grants received for youth initiatives Number of agencies represented on the Youth Provider Network Number of new/enhanced collaborative efforts Outcomes of new/enhanced collaborative efforts Increase in number of youth and families participating in programs and services Number of youth employed Number of youth volunteers Number of youth volunteer hours Number of youth programs incorporating protective factors/building developmental assets Number of youth opportunities associations Number of new/enhanced neighborhood-based youth opportunities Number of businesses implementing family-friendly practices Number of people served by a Community School Number of services available at a Community School Reduction in the number of youth involved in risky behavior Page 36 Goal 3 To Coordinate and Monitor the Plan to Insure Full Implementation and Evaluation Toward this end, the Plan includes measurable outcomes for monitoring the effectiveness of opportunities for youth and their families. Because the Plan is a living document requiring regular updates and evaluation, Community input and feedback are essential. Desired Outcomes Community input and feedback are valued. Youth are actively involved in the evaluation of youth opportunities. Youth opportunities have measurable outcomes. Recommended Strategies Evaluate existing and ongoing efforts Develop program evaluation model Publish an annual report card Mid-Term Actions (6-12 months) The Youth Opportunities Office will take the lead on developing a system for data collection, planning and analysis for implementation of the Youth Plan. The Youth Opportunities Office will publish an annual report card for public information on the progress of the Plan. o A youth survey will be administered in the schools every two (2) years to determine risks and assets in youth, families, schools and communities. 4. The Community will provide input on progress of initiatives outlined in the Youth Plan. 5. Youth service agencies will provide data and outcome measures for annual report cards. Long-Term Actions (13 months or more) The Youth Opportunities Team will partner with a local university to evaluate the effectiveness and efficiency of existing programs that address child abuse, teen pregnancy, sexually-transmitted diseases, truancy, school dropout, substance abuse and other criminal behavior and to create a model for ongoing program evaluation. The Youth Opportunities Team will develop a checklist to provide to City Council and City departments which address youth and family issues to use as a guide when making policies and decisions regarding youth issues and/or funding. Page 37 Indicators of Success Number of forums for community input Number of youth involved in the evaluation process Decrease in risk factors perceived by youth Increase in protective factors perceived by youth Page 38 CONCLUSION For youth to reach their full potential, the entire Community must take a positive and unified approach. ALL youth should be viewed as resources and their voices should be heard alongside the voices of all other Community members. Building on their strengths will have the greatest positive impact on youth. We must develop well-rounded youth by focusing on their emotional, physical, mental, social and spiritual needs. To become successful, contributing members of society, youth need: structured activities, provided by caring adults opportunities which are available and accessible safe places in which to grow, learn and play The Youth Plan provides actions to insure the Virginia Beach Community meets these needs. Above all, youth need adults who care enough to get involved -- cheering them on, helping them set standards, giving them opportunities and expectations, and having faith in them. While most adults do care about youth, many are not sure how they can turn their concern into action. This Plan provides actions that all Community members can take on the behalf of youth. If everyone of us made an effort to build one asset for one child, the impact would be tremendous. Page 39 o o ~LO,S,SAR¥ Community: groups of people who share interests and beliefs (like religious communities), culture and heritage (like ethnic communities), a sense of place (like neighborhoods), or a common purpose (such as military, media, businesses, organizations, special interest groups and our own government community). In Virginia Beach, these smaller communities are called little "c" communities. All little "c" communities will work toward building the big "C" Community of Virginia Beach. Community is not just a place but a spirit...a sense of belonging. It uses issues, common purposes and relationships to bring people together and to accomplish things they cannot accomplish on their own. Community School: an educational facility which houses a broad range of resources to meet the needs of the Community. Current Reality: collection of existing factors which describes the environment at a particular moment in time. Desired Outcomes: the sought-after end results of purposeful actions. Developmental Assets: opportunities, skills, relationships, values and self-perceptions all young people need in their lives to grow up healthy, caring and productive. External assets: twenty assets that come primarily from outside young people, from families, other people and institutions. These people and systems surround youth with support, empowerment, boundaries and high expectations as well as provide them with the constructive use of time they need to thrive. External assets provide a strong foundation for youth as they mature and become independent. Internal assets: the other 20 assets are commitments, attitudes, values and skills that nurture youth from within. These include a youth's own commitment to learning, positive values, social competencies and positive identity, which provide youth with an internal "compass" that guides their directions and choices. Digital Divide: the gap between those persons with access to information tools such as personal computers and the Intemet and those without access. Diversity: variety or mixture in a society, which builds a strong community. Family: members of a household who have bonded and share the responsibilities of nurturing, support and survival. Healthy Families Initiatives: activities, programs and services which promote the development of wholesome, well-rounded adults and children living in supportive, nurturing environments. Page 40 10. Healthy Families Virginia Beach Initiatives: a community-based approach to providing a comprehensive and responsive system of support services to young families in order to improve child health and improve school readiness. 11. Info Line: a service of The Virginian Pilot (local newspaper) which connects people to information via telephone. 12. Mobility: movement from one location to another. 13. Parent (to include guardian): a person who is responsible for the well-being of a minor. 14. Partners in Education: business, military and community organizations who partner with schools to expand material, financial and human resources available to youth. 15. Protective Factors: specific characteristics which help to protect an individual from having one or more problem behaviors in adolescence (such as having supportive parents, succeeding in school, feeling bonded to the community or school). 16. Ready to Learn: children who begin school socially, emotionally, mentally and physically prepared to succeed. 17. Resources: something that can be looked to for support or aid. 18. Risk Factors: specific characteristics which increase the chances of an individual having one or more problem behavior in adolescence (such as being abused as a child, dropping out of school, feeling isolated in the community). 19. Strategic Focus: the central point of an approach to achieving a goal or outcome; the rationale or reason for taking action. 20. Strategic Issues Teams: groups of City government employees responsible for identifying community needs, developing proposals and evaluating the outcome of actions to meet those needs. 21. Strategy: It is the rationale we use to make choices about how to get where we want to go. 22. Virginia Beach Ready to Learn Team: broad-based representative group whose task is to recommend and promote efforts which increase the chances of children being bom healthy and entering school ready to learn. 23. Virginia Beach Youth Provider Network: a collection public and private groups and organizations in the city that conduct programs and services for youth. Page 41 24. 25. 26. 27. 28. 29. 30. Virginia Employment Commission: the state office which assists individuals in obtaining work. Vision: what we want to create; how the Community sees itself being at its best. To be effective, the Community's vision must be shared. Volunteers in Education: individuals who choose to share their time, talents and expertise with youth in schools. Include Golden Circle (senior citizens) and Jr. VIE (youth) volunteers. Youth: ages O- 18. Youth Leaders in Action: a City government sponsored group that exists to promote youth bonding to the community and to train youth to take leadership roles within the community. Youth Opportunities: circumstances which allow youth to have new experiences, learn new skills and develop positive traits. Youth Services Coordinating Council: a broad-based, City Council appointed group tasked with organizing community efforts (i.e. providing information, referral, programs and services) related to youth. Page 42 REFERENCES America's Promise. (1998). Alliance for Youth: The One Year Report to the Nation. Alexandria, VA. Benson, P. L., Galbraith, J., & Espeland, P. (1994). What Kids Need to Succeed: Proven, Practical Ways to Raise Good Kids. Minneapolis: Free Spirit Publishing, Inc. Chappell, J. P., Cady, R., Catalano, R. F., Hawkins, D. J., & Wong, S. C. (1997). Promising Approaches: Communities That Care. Developmental Research and Programs, Inc. Seattle, WA. Claremont Youth Master Plan Steering Committee. (1995). The Claremont Youth Master Plan. Claremont, CA. Department of Economic Development: City of Virginia Beach. (1997-1998). Virginia Beach Data Sheet. Virginia Beach, VA. Hampton Coalition for Youth: City of Hampton. (1993). Creating Our Future: A Community Commitment to Youth. Hampton, VA. Management Leadership Team: City of Virginia Beach. (1998). Virginia Beach Community for a Lifetime: A Strategy to Achieve City Council's Vision for the Future. Virginia Beach, VA. O'Neill, Patrick, T. Excepted from a Speech. First Parish Unitarian Universalist Church, Framingham, MD. Virginia Beach City Public Schools. (1997-98). Annual Report. Virginia Beach, VA. Virginia Beach City Public Schools. Highlights of the Strategic Plan: 1997-2002. Virginia Beach, VA. Virginia Beach City Public Schools. (1998). Pride Survey. Virginia Beach, VA. Virginia Beach Police Department. (1996-98). Annual Report. Virginia Beach, VA. Page 43 V'rR~ZNIA BEACH YOUTH PLAN ~PP~ND.~C~5 Page 44 YOUTH OPPORTUNZT'J:E$ TEAM MEMBERSHZP NAME Diane Anderson Pat Borner Ann Borr Mary Boteman Barbara I~inson Truman Close Tony Foy Tracey &authier (formerly with Agriculture) Susan Head Karen ,Tancaitis Malissia Lee ,Tanet Madison Anna Pratt Lindsay Shephearcl Steve Smith Lynn Staffoed &ay Thomas Ofelia Watley Lee Pitman (Facilitator) Cynthia McDaniel (Reco~cler) Nancy Monteith (Recorder) A&ENCV REPRESENTED Public Schools/Student Activities Community Services Board Community Services Board/VOO Parks and Recreation Youth Opportunities Office Court Services Unit Volunteer Council Parks and Recreation Public Libraries Court Services Unit Housing and Neighborhood Preservation Social Services Public Health Public Schools Police Police Public Schools ,Social Services Quality Learning Systems, Znc. Youth Opportunities Office Youth Opportunities Office Page 45 APPENDIX RISK FACTORS FOR UNHEALTHY ADOLESCENT BEHAVIORS The following is a summary of risk factors identified in longitudinal studies as predictors of adolescent health and behavior problems. The problem behaviors they predict are indicated in parentheses. Community Risk Factors Availability of drugs (substance abuse). The more easily available drugs and alcohol are in a comnmnity, the greater the risk that drug abuse will occur in that community (Gorsuch & Butler, 1976). Perceived availability of drugs in school is also associated with increased risk (Gottfredson, 1988). Availability of firearms (delinquency, violence). Firearms, primarily handguns, arc the leading mechanism of violent injury and death (Fingerhut, Kleinman, Godfrey, & Rosenberg, 1991). Easy availability of fireamas may escalate an exchange of angry words and fists into an exchange of gunfwe. Research has found that areas with greater availability of firearms experience higher rates of violent crime including homicide (Alexander, Massey, Gibbs, Altekruse, 1985; Kellerman, R/vara, Rushforth et al., in review; Wintenute, 1987). Community laws and norms favorable toward drug use, firearms, and crime (substance abuse, delinquency, and violence). Community norms--the attitudes and policies a community holds in relation to drug use, violence, and crime--are communicated in a variety of ways: through taws and written policies, through informal social practices, through the media, and through the expectations that parents, teachers, and other members of the community have of young people. When laws, tax rates, and community standards are favorable toward substance abuse or crime, or even when they are just unclear, young people are at higher rislc One example of a community law affecting drug use is the taxation of alcoholic beverages. Higher rates of taxation decrease the rate of alcohol use (Levy & Sheflin, 1985; Cook & Tauchen, 1982). Examples of local rules and norms that also are linked with rates of drug and alcohol use are policies and regulations in schools and workplaces. Media portrayals of violence (violence). There is growing evidence that media violence can have an impact upon community acceptance and rates of violent or aggressive behavior. Several studies have docuraented both long- and short-term effects of media violenee on aggressive behavior (Eron & Huesmann, 1987; National Research Council, 1993). Transitions and moMlity (substance abuse, delinquency, and school dropout). Even normal school transitions can predict increases in problem behaviors. When children move from elementary school to middle school or from middle school to high school, significant increases in the rates of drag use, school dropout, and anti-social behavior may occur (Gottfi'edson, 1988). Communities characterized by high rates of mobility appear to be at an increased risk of drag and crime problems. The more the people in a comrmmity move, the greater the risk of criminal behavior (Farrington, 1991). While some people find buffers against the negative effects of mobility by making connections in new communities, others are less likely to have the resources to deal with the effects of frequent moves and are more likely to have problems. Low neighborhood attachment and corn munity disorganization (substance abuse, delinquency, and violence). Higher rates of drug problems, crime, and delinquency and higher rates of adult crime and drug trafficking occur in communities or neighborhoods where people have little attachment to the community, where the rates of vandalism are Appendix Page 46 high, and where surveillance of public places is low (Murray, 1983; Wilson & Hemstein, 1985). Perhaps the most significant issue affecting community attachment is whether residents feel they can make a difference in their lives. If the key players in the neighborhood--such as merchants, teachers, police, and human and social services personnel--live outside the neighborhood, residents' sense of commitment will be less. Lower rates of voter participation and parental involvement in school also reflect attitudes about community attachment. Neighborhood disorganization makes it more difficult for schools, churches, and families to pass on pro-social values and norms (Herring & Guest, 1985; Sampson, 1986). Extreme economic and social deprivation (substance abuse, delinquency, violence, teen pregnancy, and school dropout). Children who live in deteriorating neighborhoods characterized by extreme poverty, poor living conditions, and high unemployment are more likely to develop problems with delinquency, teen pregnancy, and school dropout or to engage in violence toward others during adolescence and adulthood (Bursik & Webb, 1982; Farrington et al., 1990). Children who live in these areas and have behavior or adjustment problems early in life are also more likely to have problems with drugs later on (Robins & Ratcliff, 1979). Family Risk Factors A family history of high-risk behavior (substance abuse, definquency, teen pregnancy, and school dropout). If children are raised in a family with a history of addiction to alcohol or other drugs, their risk of having alcohol or other drug problems themselves increases (Goodwin, 1985). If children are bom or raised in a family with a history of criminal activity, their risk for delinquency increases (Bohman, 1978). Similarly, children who are bom to a teenage mother are more likely to be teen parents, and children of dropouts are more likely to drop out of school themselves (Slam, 1990). Family management problems (substance abuse, delinquency, violence, teen pregnancy, and school dropout). Poor family management practices are defined as a lack of clear expectations for behavior, failure of parents to supervise and monitor their children, and excessively severe, harsh, or inconsistent punishment. Children exposed to these poor family management practices are at higher risk of developing all of the health and behavior problems listed above (Patterson & Dishion, 1985; Farrington, 1991; Kandel & Andrews, 1987; Peterson et al., 1994; Thomberry, 1994). Family conflict (substance abuse, delinquency, violence, teen pregnancy, and school dropouO. Although children whose parents are divorced have higher rates of delinquency and substance abuse, it appears that it is not the divorce itself that contributes to delinquent behavior. Rather, conflict between family members appears to be more important in predicting delinquency than family structure (Rutter & Giller, 1983). For example, domestic violence in a family increases the likelihood that young people will engage in violent behavior themselves (Loeber & Dishion, 1984). Children raised in an environment of conflict between family members appear to be at risk for all of these problems behaviors. Parental attitudes and involvement in the problem behavior (substance abuse, delinquency, and violence). Parental attitudes and behavior toward drugs and crime influence the attitudes and behavior of their children (Brook et al., 1990; Kandel, Kessler, & Maguiles, 1978; I-Iansen, Graham, Shelton, Flay, & Johnson, 1987), Children of parents who excuse their children for breaking the law are more likely to develop problems with juvenile delinquency (Hawkins & Weis, 1985). Children whose parents engage in violent behavior inside or outside the home are at greater risk for exhibiting violent behavior. Append~ Page 47 In families where parents use illegal drugs, are · 'S heavy users of alcohol, or are tolerant of children use, children are more likely to become drug abusers in adolescence. The risk is further increased if parents involve children in their own drug or alcohol-using behavior--for example, asking the child to light the parent's cigarette or get the parent a beer from the refrigerator (Ahmed, Bush, Davidson, & Iannotti, 1984). School Risk Factors Early and persistent antisocial behavior (substance abuse, delinquency, violence, teen pregnancy, and school dropout). Boys who arc aggressive in grades K-3 or who have trouble controlling their impulses are at higher risk for substance abuse, delinquency, and violent behavior (Lecher, 1988; Lerner & Vieary, 1984; American Psyebological Association, 1993). When a boy's aggressive behavior in the early grades is combined with isolation or withdrawal, there is an even greater risk of problems in adolescence. This also applies to aggressive behavior combined with hyperactivity (Kellam & Brown, 1982). Academic failure beginning in late elementary school (substance abuse, delinquency, violence, teen pregnancy, and school dropout). Beginning in the late elementary grades, academic failure increases the risk of drug abuse, delinquency, violence, teen pregnancy, and school dropout. Children fail for many reasons, but it appears that the experience of failure itseff, not necessarily ability, increases the risk of these problem behaviors (Jessor, 1976; Farrington, 1991). Low commitment to school (substance abuse, delinquency, teen pregnancy, and school dropout). Lack of commitment to school means the child has ceased to see the role of student as a viable one. Young people who have lost this commitment to school are at higher risk for the problem behaviors listed above (Gottfredson, 1988; Johnston, O'Malley, & Bachman, 1991). Individual/Peer Risk Factors Rebelliousness (substance abuse, delinquency, and school dropou0. Young people who feel they are not part of society or are not bound by rules, who don't believe in trying to be successful or responsible, or who take an actively rebellious stance toward society are at higher risk of drug abuse, delinquency, and school dropout (Jessor & Jessor, 1977; Kandel, 1982; Bachman, Lloyd, & O'Malley, 1981 ). Friends who engage in the problem behavior (substance abuse, delinquency, violence, teen pregnancy, and school dropout). Young people who associate with peers who engage in a problem behavior--delinquency, substance abuse, violent activity, sexual activity, or dropping out of school--are much more likely to engage in the same problem behavior (Barnes & WeRe, 1986; Farrington, 1991; Cairns, Cairns, Neckerman, Gest, & Gairepy, 1988; Elliott et al., t989). This is one of the most consistent predictors that research has identified. Even when young people come from well-managed families and do not experience other risk factors, just spending time with friends who engage in problem behaviors greatly increases the risk of that problem developing. Favorable attitudes toward the problem behavior (substance abuse, delinquency, teen pregnancy, and school dropou0. During thc elementary school years, children usually express anti-drug, anti-crime, and pro-social attitudes and have difficulty imagining why people use drugs, commit crimes, and drop out of school. However, in middle school, as others they know participate in such activities, their attitudes often shift toward greater acceptance of these behaviors. This acceptance places them at higher risk (Kandel et al., 1978; Huesrnann & Eton, 1986). Early initiation of the problem behavior (substance abuse, delinquency, violence, teen pregnancy, and school dropou0. The earlier Page 48 Appendix young people drop out of school, use drugs, commit crimes, and become sexually active, the greater the likelihood that they will have chronic problems with these behaviors later (Elliott et al., 1986). For example, research shows that young people who initiate drug use before the age of 15 are at twice the risk of having drug problems than those who wait until after the age of ~9 (Robins & Przybeek, 1985). Constitutional factors (substance abuse, delinquency, and violence). Constitutional factors are factors that may have a biological or physiological basis (Hawkins & Lam, 1987). These factors are often seen in young people with behaviors such as sensation-seeking, low harm- avoidance, and lack of impulse control. These factors appear to increase the risk of young people abusing drugs, engaging in delinquent behavior, and/or committing violent acts. Appendi_v Page 49 Adolescent Problem Behaviors ^va abmt7 of Drugs Availability of Firearms Community Laws and Norms Favorable Toward Drug Use, Firearms, and Crime ~' Media Portrayals of Violence ~' Transitions and Mob'dRy Low Neighborhood Attachment and Community Disorganization Extreme Economic Deprivation IIII/ Fm'nily History of the Problem Behavior *~' ~' *~' ~' F~'dly Mmmgement Problems *~' ~' *~' ~ ~' Family Conflict ~' ~' ~ ~' ~' Favorable Parental Affimdes and Involvement in the Problem Behavior ~ ~' ~' II/11 Early and Persistent Antisocial Behavior Academic Failure Beginning in Late Elementary School Lack of Commitment to School V, ~ V' ~' II//I Alienation mad Rebelliousness ~' ~' ~' Friends Who Engage in the Problem Behavior ~' ~' Favorable Ardmdes Towm.d the Problem Behavior ~, Em'ly Initiation of the Problem Behavior ~' ~' ~ ~' ~' Constitutional Factors © 1997 Developmental Research and Programs Page 50 Search INSTITUTB 40 Developmental Assets Search Institute has identified the following building blocks of healthy development that help young people grow up healthy, caring, and responsible. Category Support Empowerment Boundaries & Expectations Constructive Use of Time Asset Name and Definition 1. Family Support-Family life provides high levels of love and support. 2. Positive Family Communication-Young person and her or his parent(s) communicate positively, and young person is willing to seek advice and counsel from parents. 3. Other Adult Relationships-Young person receives support from three or more nonparent adults. 4. Caring Neighborhood-Young person experiences caring neighbors. 5, Caring School Climate-School provides a caring, encouraging enviromnent. 6. Parent Involvement in Schooling-Parent(s) are actively involved in helping young person succeed in school. 7. Community Values Youth-Young person perceives that adults in the community value youth. 8. Youth as Resources-Young people are given useful roles in the community. 9. Service to Others-Young person serves in the community one hour or more per week. 10. Safety-Young person feels safe at home, school, and in the neighborhood. 11. Family Boundaries-Family has clear rules and consequences and monitors the young person's whereabouts. 12. School Boundaries-School provides clear rules and consequence~s. 13. Neighborhood Boundaries-Neighbors take responsibility for monitoring young people's behavior. 14. Adult Role Models-Parent(s) and other adults model positive, responsible behavior. 15. Positive Peer Influence-Young person's best friends model responsible behavior. 16. High Expectations-Both parent(s) and teachers encourage the young person to do well. 17. Creative Activities-Young person spends three or more hours per week in lessons or practice music, theater, or other art.s, 18. Youth Programs-Young person spends three or more hours per week in sports, clubs, or organizations at school and/or in the community. 19. Religious Commmfity-Young person spends one or more hours per week in activities in a religious institution. ~0. Time at Home-Young person ks out with friends "with nothing special to do" two or fewer nights per week. Commitment to Learning Positive Values Social Competencies Positive Identity 21. Achievement Motivation-Young person is tnotivated to do well in school. 22. School Engagement-Young person is act'ively engaged in learning. 23. Homework-Young person reports doing at least one hour of homework every school day. 24. Bonding to School-Young person cares about her or his school. 25. Reading for Pleasure-Young person reads for pleasure three or more hours per week. 26. Caring-Young person places high value on helping other people. 27. Equality and Social Justice-Young person places high value on promoting equality and reducing hunger and poverty. 28. Integrity-Young person acts on convictions and stands up for her or his beliefs. 29. Honesty-Young person "tells the truth even when it is not 30. Responsibility-Young person accepts and takes personal responsibility. 31. Restraint-Young person believes it is important not to be sexually active or to use alcohol or other drugs. 32. Planning and Decision Making-Young person knows how to plan ahead and make choices. 33. Interpersonal Competence-Young person has empathy, sensitivity, and friendship skills. 34. Cultural Competence-Young person has knowledge of and comfort with people of different cultural/racial/ethnic backgrounds. 35. Resistance Skills-Young person can resist negative peer pressure and dangerous situations. 36. Peaceful Conflict Resolution-Young person seeks to resolve conflict nonviolently. 37. Personal Power-Young person feels he or she has control over "things that happen to me." 38. Self-Esteem-Young person reports having a high self-esteem. 39. Sense of Purpose-Young person reports that "my life has a purpose." 40. Positive View of Personal Future-Young person is optimistic about her or his personal future Copyright © 1997 by This page may be reproduced for educational, noncommercial uses only. Search Institute, 700 S. Third Street, Suite 210, Minneapolis, MN 55415: 800-888-7828: www.search-lnstimte.org. Page 51