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SEPTEMBER 4, 2001 MINUTESCity of Virginia Beach CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6 MARGARET L EURE, Centervtlle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall - Dtstrlct 3 ROBERT C MANDIGO, JR, Kempsvtlle -Dtstnct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY, Cay Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I >.401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ct),cncl@ctt)' vtrgtnta-beach va us September 4, 2001 I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM Ao Bo REDISTRICTING PLANS Leslie L. Lilley, City Attorney Kimball W. Brace, Election Data Services, Inc. SOUTHEASTERN PARKWAY AND GREENBELT/ROUTE 104 CORRIDOR JOINT LAND USE STUDY Robert R. Matthias, Assistant to the City Manager Matteson Scott, Principal Consultant-Parsons Brinckerhoff II. REVIEW OF AGENDA ITEMS IH. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 5:00 PM A° CALL TO ORDER- Mayor Meyera E. Oberndorf Bo ROLL CALL OF CITY COUNCIL Co RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Melvin L. Miller Landstown Community Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES JOINT VIRGINIA BEACH/CHESAPEAKE CITY COUNCIL SESSION August 23, 2001 2. INFORMAL & FORMAL SESSIONS August 28, 2001 G. AGENDA FOR FORMAL SESSION The Consent Agenda wtll be deterrmned during the Agenda Review Session and constdered tn the or&nary course of bustness by Ctty Counctl to be enacted by one motion. H. PUBLIC HEARING o SALE OF EXCESS CITY-OWNED PROPERTY Old Aragona Water Treatment Plant Site at Spooner Road I. ORDINANCES/RESOLUTION o Ordinance to declare EXCESS PROPERTY on 5.8 acres at Spooner Road (Old Aragona Water Treatment Plant site); AUTHORIZE the C~ty Manager to convey the property to the School Board; and APPROPRIATE $24,000 received from the School Board. (DISTRICT 4- BAYSIDE) o Ordinance to AUTHORIZE a Joint Use Agreement for the Sportsplex between the Development Authority and Hampton Roads Mariners, L.L.C. o Ordinance to ACCEPT and APPROPRIATE a grant of $112,000 from the Federal Emergency Management Agency (FEMA) to the FY 2001-2002 operating budget of the Fire Department re training equipment and supplies. 4. Resolution re Waste Generation (a) (b) implement a waste generation or similar fee franchise the collection of commercial solid waste J. APPOINTMENTS DEVELOPMENT AUTHORITY PRINCESS ANNE COMMONS STEERING COMMITTEE PUBLIC LIBRARY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT 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) 08/30/01GW AGENDA\09/04/01 www vb~;ov com MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~ma September 4, 2001 Mayor Meyera E Oberndorf, called to order the Ctty Counctl Brtefing Sesston on Tuesday, September 4, 2001, at 3 O0 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr and Mayor Meyera E Oberndorf, Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr Wtlham W Harrtson, Jr Nancy K Parker Rosemary Wtlson [Entered 3 18 P MI [Entered 3 48 P M] [Entered 3 15 P MI [Taktng daughter Sarah, to Smtth College, tn Northampton, Massachusetts] -2- MA YOR 'S COMMENTS 3:00 P.M. ITEM #48610 Mayor Oberndorf referenced the horrendous shark attack on the youngster, David Peltier In the htstory of this Ctty, there has never been a reported Shark attack on a swtmmer The Mayor spoke wtth hts Father, Rtchard She crted as you have to be made of "tron" not to Hts Mother told the Mayor he was the dearest chtld anyone couM have wanted, full of love and affection Hts Dad referenced a surfer, named Joe Tutor Last year, durtng the Surfing Champtonshtp, when Joe Tutor was recetvtng his award, Davtd recetved hts autograph Mr Peltter told of thts wonderful influence on hts son The ctttzens of thts Ctty have responded wtth prayers, food for the famtly during mourning, clothes by a major department store for the other chtldren to wear durtng the funeral The Ctty's pro. fesstonals were tmmedtately mobthzed Bruce Edwards, Director of Emergency Medtcal Servtces, had the Rescue Squad respond tn slx (6) mmutes The father fought vahantly to free hts son The shark followed btm whtle he was walktng out of the water up to the beach The staff under the leadershtp of the Ctty Manager and Chtef Operattng Officer, performed admtrably The Ctty's main responstbthty ss the safety of the ctttzens and tts vtsttors The Mayor tnformed the Press that she had not gtven a thought to financtal tmpacts to the Ctty The Ctty Manager advtsed Oral Lambert - Chtef Operatmg Officer, has been performmg double duty to co-ordtnate the efforts of Emergency Medtcal Servtces, Vtrgtnta Martne Sctence Museum personnel Pohce Department, Life Savtng Servtce, Medta Communtcattons group and the pubhc medta The Ctty Manager also extended apprectatton to all the volunteers who asststed tn thts sttuatton Mr Lambert advtsed pubhc safety rematns the prtmary concern Operattonally, the Ctty wtll conttnue to provtde spectal beach and ocean patrols for an undetermtned amount of trine Volunteer dtve teams, pohce and other avatlable resources wtll be utthzed to tnvesttgate any martne acttvtty which mtghtprove a danger to swtmmers The hfeguards tn the Resort area wtll remain unttl the end of September There have been reports thts service was suspended after Labor Day Thts ss not accurate There ts a reduced number of hfeguards The Ltfeguard Servtce contract does termtnate on Labor Day, however, the contractor who provtdes thts servtce has agreed to rematn on statton for a pertod of time wtth all terratn vehtcles patrolhng the beach When the tnctdent occurred at Sandbrtdge, the Second Prectnct Pohce Commander tmmedtately closed the Beach for swtmmtng unttl there could be a better understandtng of the occurrence The beach reopened the next morning In dtscusstons wtth Martne Btologtsts, thts was determtned to be an tsolated and rare occurrence along 38 mtles of shorehne and there was notjusttficatton for clostng the beach The Pohce Hehcopter, the EMS waterpatrol boats, all terratn vehicles (A TV), patrolled the beaches looktngfor unusual acttvmes and there were none It ss normal for a variety of sharks to be off the shores of Vtrgtma Beach Martne Btologtsts have advtsed there may be as many as a dozen species who tnhabtt the waters off Vtrgtnta Beach and are closer tn shore prtmardy durtng the warmer months However, there are some who may hve well offshore tn warmer waters all year long The Martne Btologtst tndtcated that tt ss not unusual for the sharks to fed on schools of small fish at dawn and dusk Thus, the caution to swtmmers not to be tn water at that pertod of trine and to look for stgns offish feedtng close tnto shore Mayor Oberndorf also extended apprectatton to the Emergency Medtcal Servtces Bruce Edwards, Ed Brazle, and thetr staff, for thetr magntficent unselfish efforts Mayor Oberndorf also extended sympathy on behalf of the Ctty to the young couple who suffered a shark attack tn Avon, North Carohna The man was ktlled and the lady sertously tnjured September 4, 2001 -3- CITY MANAGER'S BRIEFING REDISTRICTING PLANS 3:00 P.M. ITEM #48611 The Ctty Attorney advised the Redistrictingprocess conanues movtngforward Vtrgtma Beach Ctty Councd created the Election Districts approximately 3 ~ years ago The Ctty must perform redistricting every ten years following the nattonal census The boundartes of the Dtstrtcts must be adjusted to reflect equal population as per the findtngs of the Census Ktmball Brace, Prestdent- Electron Data Servtces, asststed wtth the Ctty's prevtous redtstrtcttng process Mr Brace advtsed several Pubhc Hearings have been held throughout the Ctty Future Pubhc Heartngs to presentplanned alternattves are betng scheduled Pubhc Heartngs at Salem and Baystde Htgh Schools have been generally well attended to obtain vtewpotnts as to the citizens' community of interest Mr Brace has also met wtth tndtvtdual Ctty Councd Members at prearranged ames to revtew census data, demonstrate redtstrtcttng capabthttes and determtne their vtewpotnts Mr Brace has also met wtth members of the pubhc at Ctty Hall Election Data Services has worked wtth two tndtvtdual ctttzens (Henry Ryto and dune Marttn, (Groveland Park) to devtse two of the three plans here presented to Ctty Councd Mr Brace has also met wtth the NAACP to determtne their alternattves, The NAACP chose to take some information back and advtsed they wdl provtde alternate plans tn map form The populatton tnformatton ts hsted on the bottom of each plan relaave each Dtstrtct In each of the three alternattves (all are wtthtn one person, one vote devtatton range), the blue hnes on the map deptcts the extsttng Dtstrtcts The alternatives are depicted in a different color behind the blue lines Thts wdl show the shtft proposed On each of the maps, the households of both the School Board Members and City Councd Members have been deptcted The Ctty Councd Members have not been "parred" tn any of the three alternattves There was "patrmg" of School Board representatton On the left hand stde ts the populatton of each Dtstrtct and the devtauon both tn terms of percentages and raw devtaaon The various ractal groups from the census have been deptcted on each of the proposed plans In each of the three proposals, the whtte populatton ts the majortty group tn each Dtstrtct The other predomtnate groups tn Vtrgtnta Beach are BL (Black or Afro-Amertcan) AS (Astan), and the Htspantc populatton These calculattons are deptcted tn each Dtstrtct and tn each plan There are stght vartattons tn terms of a mtnortty populatton However, none of the alternattves nor any of the Dtstrtcts tn these alternattves create a Majority Minority District Generally, tn the three alternattves, the htghest Mtnortty percentage ts either tn Centervdle Dtstrtct 1 or Rose Hall Dtstrtct 3 Mr Brace &splayed three dtfferent plans Henry Ryto Plan Two sets of School Board Members were parred (Kempsvdle and Rose HalO (Lynnhaven and Beach Districts) Mr Ryto has attended both of the Pubhc Heartngs and presented htmself as a pohttcal acttvtst with the Repubhcan party Mr Brace does not beheve hts proposal represents any offictal pohcy of one pohttcal party or the other Rose Hall ts the htghest combtned mtnortty percentage (44 87%) Thts ts a more dramatic shtft of the three alternaaves Groveland Park Civic League Plan tn between the three proposals Thts plan spht some of the territory comprtstng the northern portton of the Prtncess Anne Dtstrtct, between the Beach and Rose Hall Dtstrtcts June Marttn ts the President of the Ctvtc League They actually spht the Beach Dtstrtct at the top with the Lynnhaven District and the Kempsvdle Dtstr~ct dipped tnto Centervdle There were shght vartattons between Baystde and Kempsvtlle and the top portton of Rose Hall was taken to balance populatton The Groveland Park area has moved into Lynnhaven Dtstrtct, thus changtng locattons from the Rose Hall Dtstrtct They propose to move the Lynnhaven Dtstrtct down tnto the Expressway area Composite Plan: Thcs reflects the Councd Members' and other concerns An attempt was made to accomphsh what each was proposing In some cases, thts was feastble tn conjunctton with everyone else, and, tn some tnstances there had to be shght vartattons However, thts best reflects Councd Members' tnput The largest percent of mtnortty or non-white ts tn Centervtlle at 43% and then Rose Hall at 41% September 4, 2001 -4- CITY MANA GER 'S BRIEFING REDISTRICTING PLANS ITEM g48611 (Continued) There are shght shifts, but not dramattc ones tn each of the three alternattves Counctl Member Harrtson advtsed the Henry Ryto Plan placed both htm and Counctlman Branch tn the same Dtstrtct Each of these three alternattves has two other factors whtch come tnto play Each of these has not been placed agatnst the changes Dr Hager proposed tn the precmct boundartes to reflect the new dtstrtct boundartes from Rtchmond Electron Data Servtces wtll confer wtth Dr Hager relattve the Prectnct as well as the House and Senate Dtstrtct boundartes to determtne any degree of change ,4 "Pubhc Dtscusston" ts scheduled for Wednesday, September 5, 2001, 7 O0 P M at Ocean Lakes Htgh School Mr Brace wtll attempt to enhance the colortng on the maps deptcttng major roads t e Independence, Ferrell Parkway, General Booth, Lynnhaven, etc The NAACP has not come back wtth a final plan The Cay ,4ttorney advtsed the Ctty does not have the authortty to refuse to accept anyfurtherplans, but they had requested all redtstrtcttngplans be submttted by Labor Day Pubhc Hearings at Ctty Counctl have been scheduled for October 2 and 9, 2001. September 4, 2001 -5- CITY MANA GER 'S BRIEFING SOUTHEASTERN PARKWA Y AND GREENBELT/ ROUTE 104 CORRIDOR JOINT LAND USE STUD Y 4:03 P.M. ITEM #48612 Mayor Oberndorf referenced the SPECIAL FORMAL JOINT MEETING of the Ctty Counctls of Chesapeake and Vtrgtnta Beach re the Joint Land Use Study of the Southeastern Parkway and Greenbelt HeM at the HRPDC Regtonal ButMtng, 723 Woodlake Drtve, Chesapeake, Vtrgtnta, on August 23, 2001 Robert Matthtas, Asststant to the Ctty Manager, advtsed the dotnt Land Use Study was placed on the Web after this Spectal Meettng and, therefore, has been avatlable to the pubhc for the past week and a 'half Matteson Scott, Prtnctpal Consultant with PB Consult Inc (A member of the Parsons Brtnckerhoff Famtly of Compames), referenced the tssues to be addressed Vtrgtnta Beach has expertenced stgntficant restdenttal and commerctal growth Strategtes that shift land use patterns to producttve, higher value non- restdenttal tssues and support continued "economtc vttahty" are needed Vtrgtnta Beach has stzeable tnventortes of land suttably zoned for economtc development that are constrained by transportatton system hmttattons Dependence on 1-264 and the lack of an alternattve northeast- southwest regtonal access tn Vtrgtnta Beach adversely tmpacts economtc compettttveness and constratns the tax base dtverstficatton The capactty of hurrtcane evacuation routes ts tnadequate and wtll worsen as development occurs to the west The Study Corridor ts the 26-mile Route 104/Domtnton Boulevard and the Southeastern Parkway and Greenbelt Corrtdors extendtngform Route 17 to the Oak Grove Connector tn Chesapeake and on through Chesapeake and Vtrgtnta Beach to 1-264 The Assignment To conduct a study of land use and transportatton alternattves and demonstrate the relattve mertts of each To develop quantttattve measures of economtc, fiscal and transportatton tmpacts for each alternattve To test the hypothests that matertal postttve synergtes might be achteved for each ctty by hnktng the Route 104/Domtnton Boulevard and Southeastern Parkway corrtdors To develop the basts for the Ctty Counctl to consider ajotnt resolutton of support for the combtned projects and to re-start the Southeastern Parkway EIS process September 4, 2001 -6- CITY MANA GER 'S BRIEFING SOUTHEASTERN PARKWA Y AND GREENBELT/ ROUTE 104 CORRIDOR JOINT LAND USE STUDY ITEM #48612 (Continued) Approach A collaborattve effort among the Ctty Managers, Ctty staffs and PBConsult wtth each brtngtng spectal knowledge and experttse Jotnt Task Force members provtde crtttcal comments and reacttons at key mdestones &x Scenartos were developed for evaluatton Two apphed to Vtrgtnta Beach Extsttng Zontng wtthout SEP Extsttng zoning wtth SEP Impacts wtthtn the Corrtdor over a 10-yearpertod were estabhshed tn terms of Land Use/Development tmpacts measured by quanttttes and values of restdenttal and non-restdenttal development Economtc/Ftscal tmpacts expressed as muntctpal revenues, operattng costs and debt service Transportatton tmpacts measured by Level of Servtce on key roadways Envtronmental Constderattons were evaluated tn terms of Environmentally senstttve lands and assoctated resources Water quahty Att quahty Conclusions There are compelhng economtc and fiscal reasons to comprehensively and cooperattvely plan and tmplement the Southeastern Parkway tn conjunctton wtth Route 104/Dominion Boulevard In ?trgtnta Beach An tncrease tn the corrtdor tax base from $1,O04-MILLION under no-butld to $1,722-MILLION where both projects are constructed Commerctal values double from $249 to $613- MILLION A postttve net fiscal tmpact under no-butld of $12 9- MILLION tncreases to $40 2-MILLION Constructton of Southeastern Parkway and Route 104 tmproves levels of servtces on key road segments Wtth Route 104/Domtnton Boulevard completed SEP wtll provtde a htgh capactty hnk to Route 176 and upon completton, Route 460 The proposed ahgnment has enough rtght-of-way to accommodate alternattve transtt and trail opportunities The corrtdors are located wtthtn planned development areas that allow tnfil[ development and sprawl preventton wtth assoctated emtsstons reducttons Concentrated development along transportatton ahgnments and near tnterchange areas can be encouraged that reduce encroachment, create storm water management effictenctes and tmprove infrastructure dehvery September 4, 2001 -7- CITY MANA GER 'S BRIEFING SOUTHEASTERN PARKWAY AND GREENBEL T~ ROUTE 104 CORRIDOR JOINT LAND USE STUD Y ITEM g48612 (Continued) Recommendations Vtrgtnta Beach has predtcted strategtc land use and comprehenstve plan dectslons on anttctpated benefits of Southeastern Parkway constructton These benefits are compelhng Benefit opttmtzatton occurs where both projects are implemented and land use gutdehnes are apphed throughout the corrtdors to encourage economtc development opportuntttes Therefore, tt ts recommend that Virginia Beach support the proposed Southeastern Park as it has in the past and continue to support Route 104/Dominion Boulevard. Counctl Lady Henley referenced her request for vartous tnformatton Mr Matthtas advtsed the EDA Wstudy ts betng reprtnted tn the Ctty Prtnt Shop and will be dtstrtbuted to Ctty Counctl on Frtday The latest response from the Navy and the U S Corps of Engtneers and Envtronmental Protectton Agency were also requested The concerns of the Navy relattve tolls, storm water management bastns and constructton tmpacts tn 1994 are beheved to be addressed by the expanston of Oceana Boulevard and Dam Neck Road The staff wtll attempt to obtatn a response from Captatn Zobel relattve any current concerns The Army Corps of Engtneers and Envtronmental Protectton Agency comments also wtll be provtded by Frtday and accompanted by a chronology The 1996EPA letter relattve the supplemental draft Environmental lmpact statement wtll also be tncluded Thts ts compattble wtth the AICUZ September 4, 2001 -8- AGENDA RE VIEWSESSION 4:28 P.M. ITEM #48613 L1 Ordtnance to declare EXCESS PROPERTY on 5 8 acres at Spooner Road (Old Aragona Water Treatment Plant stte), AUTHORIZE the Ctty Manager to convey the property to the School Board, and APPROPRIATE $24,000 recetved from the School Board (DISTRICT 4 - BA YSIDE) Counctl Lady McClanan tnqutred whether stgnage advtstng thts sale was placed on thts property dtm Lawson, Real Estate, advised to hts knowledge, the School Board approached the Ctty and expressed an tnterest tn obtatntng tttle to the 5.8 acre site for use as a soccer/football field tn connectton wtth the Kemps Landing Magnet School Pubhc Nottce ts bastcally by way of pubhshtng the Ctty Counctl Agenda Mr Lawson ts not aware of whether or not the School Board had contact wtth the surroundtng commumty ITEM # 48614 B Y CONSENSUS, the following shall compose the CONSENTAGENDA: L ORDINANCES/RESOL UTION Ordinance to declare EXCESS PROPERTY on 5 8 acres at Spooner Road (Old Aragona Water Treatment Plant site), AUTHORIZE the City Manager to convey the property to the School Board, and APPROPRIATE $24,000 recetved from the School Board (DISTRICT 4 - BA YSIDE) Ordtnance to AUTHORIZE a Joint Use Agreement for the Sportsplex between the Development Authority and Hampton Roads Mariners, L.L. C Ordtnance to ACCEPT and APPROPRIATE a grant of $112,000 from the Federal Emergency Management Agency (FEMA) to the FY 2001-2002 operating budget of the Fire Department re tratnmg equtpment and supphes 4 Resolutton re Waste Generation (a) tmplement a waste generatton or stmtlar fee (b) franchise the collection of commerctal sohd waste September 4, 2001 -9- CITY COUNCIL COMMENTS 4:30 P.M. ITEM # 48615 Counctl Lady Henley referenced correspondence from a ctttzen relattve the real estateproperty taxprogram for the elderly Mrs Henley tnqutred tf the proratton ts governed by State Law or does the Ctty have flextbthty tn the amount prorated? Mrs Henley ts concerned that the elderly must de&cate much of their tncome to me&cai expenses The Ctty Attorney advtsed the State has placed a cap on the elderly tncome Counctl Lady Henley advtsed thts parttcular ctttzen receives a 40% reductton tn hts real estate tax based on the Ctty's scale Counctl Lady Henley mqutred tf these percentages could be adjusted Vtce Mayor Sessoms advtsed net tncome needs to be defined The Ctty Attorney advised he wtll confer wtth Gerald Banagan, Real Estate Assessor, and Catheryn I93ttesell, Dtrector of Resource Management, to prepare a response. ITEM # 48616 Vice Mayor Sessoms congratulated the Ctty Manager and staff on behalf of the Rock 'n' Roll ~ Marathon held Frtday, August 31 and Saturday, September 1, 2001 The marathon conststed of 15,000 runners who represented all 50 states and many countrtes Thts was a major operatton wtth race parttctpants catchtng a shuttle to the Pavthonfor a starttng hnefrom 4 30 a m to 6 30 a m Shuttle buses transported from 10 30 a m to 100p m on the west stde of 6'n to 8th Streets andAtlanttcAvenue passengers who wtshed to go back to the Amphttheater Mayor Oberndorf advtsed she managed to successfullyfire the "starting gun "twtce A gentleman tn a wheel chatrparttctpated He has competed all over the world and satd he has never seen access as eastly obtatned as tn Vtrgtnta Beach The Ctty Attorney was on the Resort Area late at night maktng sure everythtng was qutet and peaceful As the runners came over the Brtdge with Rudee Inlet on thetr left and the Ocean on thetr rtght, they commented on the awe tnsptrtng stte Counctlman Harrtson advtsed the televtston coverage was also excellent and deptcted the Ctty tn tts finest hours Channel 10 delegated two full hours for coverage Counctlman Branch advised there were two major events the Marathon and the American Music Festival Over 30, 000 ctttzens attended thts Festtval Councilman Branch advtsed the Ctty Manager, his staff and the Beach Events representattves &d a magntficentjob The Ctty Attorney spent a tremendous amount of ttme there thts weekend Many of the staff probably worked 'round the clock Council Lady Parker satd all tnvolved performed superbly ITEM # 48617 Councd Lady Henley reminded the Ctty Counctl Members of the meetmg Monday, September 1 O, 2001, 5 30 to 9 O0 P M at the Hampton Roads Planntng Dtstrtct Commtsston (HRPDC) Thts wtll be the final report relattve the study of the SWAMP (Southern Watershed Area Management Program), whtch has been underway for a approximately two years Randall Arendt, a nattonally acclaimed leading authortty on Conservatton Destgn, wtll conduct the Workshop September 4, 2001 - 10- ITEM # 48618 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, September 4, 2001, at 4 43PM Councd Members Present Lmwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wdham D Sessoms, Jr Counctl Members Absent Rosemary Wtlson September 4, 2001 -11- ITEM # 48619 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, chsctphnmg, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Boards and Commtsstons Development Authortty Prtncess Anne Commons Steertng Commtttee Pubhc Ltbrary Board PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where chscusston tn an open meettng would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Lynnhaven Dtstrtct LEGAL MA TTERS Consultation wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other specific legal matters requesttng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) Wtlkte & Turptn - Appeal from VMRC Dectston Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Council voted to proceed tnto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent Rosemary Wtlson (Time of Closed Session: 4:45 P.M. to 5:50 P.M.) September 4, 2001 - 12- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL September 4, 2001 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Budding, on Tuesday, September 4, 2001, at 6 O0 P M Councd Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wdham D Sessoms, Jr Councd Members Absent Rosemary Wtlson [Taktng daughter Sarah, to Smtth College, tn Northampton, Massachusetts] INVOCATION Reverend Merhn L Mdler Landstown Commumty Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on the agenda tn whtch he has a "personal interest", as defined tn the Act, etther tndtvtdually or tn hts capactty as an officer of Wachovta Bank The Vice Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter January 2, 2001, ss hereby made a part of the record September 4, 2001 Item V-E - 13- CER TIFICA TION OF CLOSED SESSION ITEM # 48620 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng reqmrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton conventng the Closed Sesston were heard, dtscussed or constdered by' Vtrgtnta Beach Ctty Counctl Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, dr Counctl Members Vottng Nay None Councd Members Absent Rosemary Wtlson September 4, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 48619, page 11, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such 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 m 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. ~uth~odges Smith, MMC City Clerk September 4, 2001 - 14- Item V-F.I.a. MINUTES ITEM ii 48621 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED the Mtnutes of the JOINT VIRGINIA BEACH/CHESAPEAKE CITY COUNCIL SESSION of August 23, 2001. Votmg 7-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr and Mayor Meyera E Oberndorf Counctl Members Vottng Nay None Counctl Members Abstatntng Wtlham W Harrtson, Jr, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Absent Rosemary Wtlson Vice Mayor Sessoms and Counctl Members Harrtson and Parker ABSTAINED as they were not tn attendance durtng the Jotnt Ctty Counctl Sesston of August 23, 2001 September 4, 2001 Item V-F.I.b. - 15- MINUTES ITEM # 48622 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council APPROVED the Mtnutes of the INFORMAL & FORMAl. SESSIONS of August 28, 2001. Voting 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, .Ir Counctl Members Voting Nay None Counctl Members Absent Rosemary Wilson September 4, 2001 -16- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 48623 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION September 4, 2001 -17- Item PUBLIC HEARING ITEM # 48624 Mayor Oberndorf DECLARED A PUBLIC HEARING SALE OF EXCESS CITY-OWNED PROPERTY Old Aragona Water Treatment Plant Site at Spooner Road There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. September 4, 2001 - 18- Item V-I. ORDINANCES/RES OL UTION ITEM # 48625 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Council APPROVED IN ONE MOTION, Ordtnances/Resolutton I, 2, 3 and 4 of the CONSENT AGENDA. Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent Rosemary Wtlson September 4, 2001 - 19- Item V-I. 1. ORDINANCES/RES OL UTION ITEM # 48626 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED Ordtnance to declare EXCESS PROPERTY on 5 8 acres at Spooner Road (Old Aragona Water Treatment Plant stte), AUTHORIZE the Ctty Manager to convey theproperty to the School Board, and APPROPRIA TE $24,000 recetved from the School Board (DISTRICT 4 - BA YSIDE Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent Rosemary Wtlson September 4, 2001 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO CONVEY SAME TO THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH. 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 City of Virginia Beach (the "City") acquired ownership of a certain parcel of real property containing approximately 5.8 acres, located at Spooner Road in the City of Virginia Beach, Virginia (the "Property") by deed recorded in Deed Book 1445, at Page 132 and Deed Book 1447 at Page 111; and WHEREAS, the City Council is of the opinion that the Property is in excess of the needs of the City of Virginia Beach and should be sold to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described Property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to convey the Property to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH: All that certain lot, piece or parcel of land situate in the Kempsville Borough of the City of Virginia Beach, Virginia, and designated and described as "TREATMENT PLANT SITE" as shown on that certam plat entitled: "SHEET 1 OF 1 · PLAT' SHOWING PARCEL OF PROPERTY DESIGNATED TREATMENT PLANT SITE. AS SHOWN ON PLAT ENTITLED RESUBDIVISION OF BLOCKS 'T', "Z", "D-D" AND "H-H" ARAGONA VILLAGE SECTION-4 (M B. 41, PG. 24. VIRGINIA BEACH, VIRGINIA. SCALE 1"= 100'- JUNE 28, 2001" a copy of which is attached hereto as Exhibit A. IT BEING the same property conveyed to Grantor by deed dated June 30, 1974, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1445, at Page 132 and re-recorded in Deed Book 1447, at Page 111. (GPIN: 1478-30-9728 and 1478-30-9790) 34 2. That the School Board shall pay to the City the sum of $24,000.00 as 3 5 reimbursement for the cost incurred by the City to demolish the remaining support facilities 3 6 for the former treatment plant. 37 3. That the monies received from the School Board are to be appropriated 3 8 to the Department of Public Utilities Utility Fund. 39 4. The City reserves the right to establish easements and other property 4 0 rights included but not limited to covenants and restrictions as it may deem appropriate in 41 the deed of conveyance of the Property. 42 This ordinance shall be effective from the date of its adoption. 43 Adopted by the Council of the City of Virginia Beach, Virginia,, on the 4th 4 4 day of Septemb~ ,2001. 45 CA-8182 4 6 ORD1N~NONCODE\ 4'7 R-2 4 8 PREPARED: 08/20/01 THE AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL 1S REQUIRED. ~OVED AS TO CONTENT l~hc Works APPROVED AS TO CONTENT Dept of Management Services APPROVED AS TO LEGAL SUFFICIENCY Department of Law _ LOCATION MAP SCALE :1"= 1,600' ~.~ ©© Ooo · . ,. .. 0 0 0 I '" ~. iiii o I//\ ii ION MAP, ,,, o J III SALE OF EXCESS CiTY PROPEI~ D~ ARAGONA WATER TREATMENT PLANT SITE'",,' .HOOL-BOARD OF THE CITY OF VIRGINIA BEACH ~~. IHE SC~~'~~_~~/~TO ~L~/~/~°L~ ~~.~.~ ZoO,//~ fl~: A~GONA ~ATER TR~TMENT SITE.D~N ~/~/~~ PREPARED BY P/~/V ENG. DRAFT. 644,471 / I / I ! FIELD OF EACH FIELD STAFF PARKING 60 8PACE8 EXIS'I~NG SOFTBALL FIELD I 1 I --HARD SURFAI~E PLAY AREA J I KEMPS LANDING MAGNET SCHOOL SERVICE JERICHO ROAD VISITOR AND STAFF PARKING 35 SPACE8 Ji KEMPS LANDING MAGNET SCHOOL SITE DEVELOPMENT STUDY- OPTION A o~/01/Ol 5GALE I"= IOO'-O" / / / / / FIELD OF FIELD · · I I | ...,.....-_..j STAFF PARKING 8O SPACES RELOCATED SOFTBALL FIELD HARD SURFAI~E PLAY AREA % ;. ,, ,. ,, KEMPS LANDING', ~ MAGNET SCHOOL ,, ., ; SERVICE JERICHO ROAD VI81TOR AND STAFF PARKING 35 SPACES )KE ! ELEMENTARY. KEMPS LANDING MAGNET SCHOOL SITE DEVELOPMENT STUDY- OPTION B 0~/01/01 SC, ALE I" = IOO'-O" OF ~EACH FIELD ~'i'AFF PARKING 80 8F'ACE8 RELOCATED SOFTBALL FIELD --HARD SURFACE PLAY AREA t I : I i :o I ,' i : - I t ~ v ,',.' ,~ ; , ,,, KEMPS LANDING ~,I~ ,,. ' UAONfiT SCHOOL SERVICE JERICHO ROAD VISITOR AND STAFF PARK]HG 35 8PACE8 , i ELEMENTARY; I KEMPS LANDING MAGNET SCHOOL SITE DEVELOPMENT STUDY- OPTION C 06/01/01 SC, ALE I"= IO0'-0" SUPERINTENDENTS OFFICE IRGINIA BEACH CiTY PUBLIC 757 426 5685 P 02×02 SCHOOLS AHEAD OF THE CURVE OLD ARAGONA ELEMENTARY SCHOOL CONVEYANCE OF SEWAGE TREATMENT PLANT PROPERTY WHEREAS, the new s~tc of the Kemps Landing Magnet Plogram is undersized to accommodate the needs of the program, and WHEREAS, there ,s an adjacent +5.8 acre parcel owued by the City adjacent to the school site whlch was the s~te of the former Aragona Treatment Plant, and WHEREAS, C,ty Staff is prepared to recommend City. Council declare the parcel as excess and convey the property to the School Board of the City of Virglma Beach, and WI-IEREAS, City Staff has recommended a purchase price of $24,000 on the property, which was the cost borne by the Department of Public Utiltties to demolish the treatment plant now, thercfore, be it RESOLVED. that the School Board authorizes d~e Superintendent to proceed w~th the purchase oft. he a:5.8 acre parcel for 5;24,000 at such tm~e as City Council authorizes the conveyance of the property to the School Board and be it further RESOLVED: that a copy ofth~s resolution be delivered promptly to each member of C~ty Council, the City Manager, and the C~ty Clerk by the Clerk of'the Board Adopted by thc School Board of the Ci~. rV~rgmia Beach August 21,200I -. SEAL Attest - Dianne P. Alexander, Clerk of the Board School Adm,mstranon Bu,id,ng · 2512 George Ma~on Drive. R O. Box 6038 · V,rg,nm Beach. VA 23456.0038 TOTAL ~.~2 - 20- Item V=I.2. ORDINANCES/RES OL UTION ITEM # 4862 7 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE a Jotnt Use Agreement for the Sportsplex between the Development Authority and Hampton Roads Mariners, L.L.C Votmg 10-0 (By Consen0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent Rosemary Wtlson September 4, 2001 AN ORDINANCE APPROVING A JOINT USE AGREEMENT FOR THE SPORTSPLEX BETWEEN THE DEVELOPMENT AUTHORITY AND HAMPTON ROADS MARINERS, L.L.C. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the City Council has been presented a proposed Virginia Beach Sportsplex Joint Use Agreement dated September 4, 2001 between the Virginia Beach Development Authority and Hampton Roads Mariners, L.L.C.; WHEREAS, the proposed Agreement, among other things, provides for a new team ownership to enter into an Agreement with the Development Authority for use of the Sportsplex for up to twenty (20) professional soccer events annually, with a user fee of $60,000 per year for a five (5) year term; and WHEREAS, the Agreement is recommended by the City Manager for approval by the City Council and the Development Authority; WHEREAS, City Council has reviewed the Agreement and a summary of terms thereof and finds the Agreement appropriate and in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED that the City Council approves the Virginia Beach Sportsplex Joint Use Agreement with Hampton Roads Mariners, L.L.C., and recommends approval and formal signature by the Virginia Beach Development Authority. Adopted by the City Council of the City of Virginia Beach this 4th day of Septembe~ , 2001. 25 26 27 28 F:\DatakATY\Ordin\NONCODE\sportsplex9-4.ord.wpd CA8246 August 30, 2001 R2 SUMMARY OF TERMS VIRGINIA BEACH SPORTSPLEX JOINT USE AGREEMENT 1. OWNER: 2. USER: 3. GUARANTOR: 4. OPERATOR: 5. TEAM' 6. USE OF SPORTSPLEX: 7. TERM: 8. FEES: 9. SECURITY/ GUARANTY: 10. CONCESSIONS/ SOUVENIRS: 11. BROADCASTING RIGHTS: 12 TICKETS: City of Virginia Beach Development Authonty ("VBDA") Hampton Roads Mariners, LLC, a New York limited liability company ("User") Scott J. Goodman ("Guarantor"), managing member of User The City's Convention Facilities Division of the Department of Convention and Visitor Development ("CVD") Hampton Roads Mariners ("Mariners"). Manners must maintain USL A-League status for first year and best efforts must be used to maintain A-League status thereafter, but in no event less than D-3 status. User has nght to use for up to twenty (20) Professional Soccer Events (including all of the Mariners' Home Games) and the obligation to use best efforts to promote eight (8) additional Professional Soccer Events. User also has the right to use designated areas in the administrative space at the Sportsplex. User has fight to use or license five Sky Boxes with the sixth Sky Box remaining under control of the VBDA. User must use best efforts to cooperate with the Hampton Roads Piranhas as to the Piranhas schedule and involvement in women's Professional Soccer Events. Expires December 31, 2006. User pays Base Fee of $300,000, payable $30,000 each April 1 and October 1 during the Term, percentage fees of 5% (not to exceed $5,000 per year) of Scoreboard Sponsorship Revenues and 100% of On-Site Parking Revenues, if any, collected by User on each November 30 during the Term, all charges from telephone and data communication lines and services used by User, event expenses related to each HRM Event and admission taxes, license fees and permit fees. User required to post $300,000 letter of credit to be reduced by $60,000 on each annual renewal if no default exists. All monetary obligations of User to be guaranteed by Guarantor. VBDA and/or its concessionaires have exclusive rights to provide Concessions and, for the first three Soccer Seasons, the right to all revenues derived therefrom. Thereafter, user shall be entitled to receive 5% of net profits derived from Concessions. User has right to sell programs, souvenirs and novelties subject to payment of 15% commission on gross sales of non-Mariners products. User has exclusive Broadcasting Rights to all HRM Events with City and Sportsplex to receive appropriate recognition. Other than season tickets, ticket sales are under the control of the CVD. 13 PRACTICE FIELDS: CVD to use good faith efforts to locate practice facilities with User to pay costs associated therewith. 14. EXCLUSIVE RIGHTS TO PROFESSIONAL SOCCER: So long as Mariners maintain A-League status (or equivalent or higher status), and provided User is using best efforts and good faith to exhibit, promote, stage and hold eight (8) additional Professional Soccer Events, User has exclusive rights to exhibit, promote, stage and hold Professional Soccer. 15. SCHEDULING OF EVENTS' Controlled by CVD, with first priority given to Mariners' Home Games, subject to previously booked Events during next Soccer Season. Procedure in place to avoid scheduling conflicts. 16. EARLY TERMINATION: If the VBDA/City has the opportunity to secure or contract with the holder(s) of a franchise granted by MLS or WUSA, VBDA may terminate Agreement by notice to User. If notice given prior to beginning of a Soccer Season, termination is effective at end of Soccer Season in which notice is given. If notice given dunng or after beginning of a Soccer Season, termination effective at end of next Soccer Season. Upon receipt of notice, User has right to terminate Agreement on 60 days notice. 17. ADVERTISING: User has right to all advertising revenue for HRM Events. 4400\010\Summary of Terms doc - 21 - Item V-L3. ORDINANCES/RES OL UTION ITEM # 48628 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to A CCEPT and APPROPRIA TEa grant of $112, O00 from the Federal Emergency Management Agency (FEMA) to the FY 2001-2002 operating budget of the Fire Department re training equtpment and supphes Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, dr Counctl Members Vottng Nay None Counctl Members Absent Rosemary Wdson September 4, 2001 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 44 45 46 47 48 49 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $112,000 GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2001-02 OPERATING BUDGET TO PURCF_ASE FIRE TRAINING EQUIPMENT AND SUPPLIES WHEREAS, the City of Virginia Beach has been .awarded a $112,000 grant from the Federal Emergency Management Agency for purchase of equipment and supplies to enhance fire training; and WHEREAS, the required 30% grant match can transferred from the FY 2001-02 Fire Programs Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $112,000 grant is hereby accepted from the Federal Emergency Management Agency ("FEMA") and appropriated to the Fire Department's FY 2001-02 Operating Budget to purchase equipment and supplies to enhance fmre trainmng. 2. That $48,000 is hereby transferred from the FY 2001-02 Fire Programs Fund to the FY 2001-02 Fire Department Operating Budget to serve as the match for the above referenced FEMA grant. 3. That estimated revenue from the federal government in the FY 2001-02 Operating Budget is hereby increased in the amount of $112,000. Adopted the 4tA day of Sept., 2001, by the Council of the City of Virginia Beach, Virginia. CA-8233 Ordin~NONCODE~FEMAfireasst~rantORD.wpd R1 August 28, 2001 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Department Federal Emergency Management Agency James K. Spore, City Manager Virginia Beach Fire Department Mumc~pal Center, Braiding 21 2408 Courthouse Drive Virginia Beach, VA 23456-9065 Washington, D.C. 20~:72 Re: Grant No. EMW-2001-FG-07206 ,IUL 200 I Dear Mr. Spore: _ Congratulations, your grant application submitted under FEMA's Assistance to Firefighters Grant Program for training has been approved. The approved project costs amount to $160,000 00, 70 percent (or $112,000.00) of the approved amount is the Federal share and 30 (or $48,000.00) is share of the costs. per.~cent your Enclosed with this award letter, you will find FEMA's grant agreement articles. Please make sure you read and understand the articles as they outline the terms and conditions related with your grant award. Maintain a copy of these documents for your official files. You establish acceptance of these grant agreement articles when you expend any of the grant funds available to you. Grant payments under the Assistance to Firefighters Grant Program are made on a reimbursable or an immediate-needs basis. When you need a draw from your grant funds, fill out the attached Request for Advance or Reimbursement (Standard Form 270) and send it to us at the address listed below. In order to speed up the payment process, you also have the option of sending the request via fax at 202-646-3846. We will initiate the payment with the faxed copy but you must also send us the original, signed copy to us at the address provided below. Each request for payment must be made by using this form. Send all grant payment documents to: Federal Emergency Management Agency Financial & Acquisition Management Division Grants Management Branch 500 C Street, SW, Room 350 Washington, DC 20472 Attn: Sylvia A. Carroll AUG - 3 2001 OFFICE 0~: THE CITY MANAGER _ . CITY OF* VIRGINIA EI£AC.H_. ..... If you have any questions or need additional ~nformation, please call Manlynn C. Grim at 202- 646-3459. Sincerely, Senior Procurement Executive Administration & Resource Planning Directorate Enclosures: FEMA Form 76-10A Agreement Articles Checklist Standard Form 270 Standard Form 1199A, if applicable - 22 - Item V-I. 4. ORDINANCES/RES OL UTION ITEM # 48629 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Resolutton re Waste Generation a Implement a waste generation or stmtlarfee b franchise the collectton ofcommerctal sohd waste Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Councd Members Vottng Nay None Councd Members Absent Rosemary Wtlson September 4, 2001 A RESOLUTION DECLARING THE CITY'S INTENTION CONCERNING THE IMPLEMENTATION OF A WASTE GENERATION OR SIMILAR FEE AND THE FRANCHISING OF THE COLLECTION OF COMMERCIAL SOLID WASTE WITH THE CITY 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 WHEREAS, on June 27, 2001, the Board of Directors ("Board") of the Southeastern Public Service Authority ("SPSA") authorized the Executive Director of SPSA to enter into a Contract ("the Contract") with any solid waste management company ("Contractor") operating in any of the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Southampton and Isle of Wight ("Member Communities" and "Service Area") that can meet, and is willing to comply with, the terms of the Contract; and WHEREAS, the price, volume and term provisions of the Contract resulted from months of negotiations between SPSA and the solid waste management companies operating in the Service Area; and WHEREAS, SPSA has agreed to the Contract because it believes that, if implemented as established the Contract will, over zts term, result in substantial reductions in SPSA's munzcipal tipping fee rates, will equalize commercial and municipal rates alt Forty-Two Dollars ($42.00) or less as of July 1, 2005, and will obtain from the generators of commercial processable solid waste ("CPW") in the Service Area (1) adequate revenue and (2) sufficient volumes of CPW; and WHEREAS, the Contract increases SPSA's rates for contract commercial processable waste from Sixteen Dollars ($16.00) per ton as of June 30, 2001, to Twenty-Eight Dollars ($28.00) per ton on August 1, 2001, Thirty-Three Dollars ($33.00) per ton on July 1, 2002, Thirty-Eight Dollars ($38.00) per ton on July 1, 2003, Forty Dollars ($40.00) per ton on July 1, 2004, and Forty-Two Dollars ($42.00) per ton on July 1, 2005; and WHEREAS, the SPSA's Staff project that as a result of the aforesaid increases in SPSA's commercial rates, as well as through continued cost-cutting, operational efficiencies and other increased 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 57 58 59 6O 61 62 63 64 65 66 67 revenues, tipping fee rates for the Member Communities will drop from a previously projected Seventy - Four Dollars ($74.00) per ton rate on July 1, 2001, to an actual rate on July 1, 2001, of Fifty-Seven Dollars ($57.00) per ton and that these measures are likely to cause the municipal tipping fee rate to continue to decline to Fifty-Five Dollars ($55.00) per ton on July 1, 2002, Forty-Nine Dollars ($49.00) per ton on July 1, 2003, Forty-Four Dollars ($44.00) per ton on July 1, 2004, and Forty-Two Dollars ($42.00) per ton on July 1, 2005; and WHEREAS, the equalization of commercial and municipal rates expected to be achieved as a result of the aforesaid efforts on July 1, 2005, is a long-sought goal of the SPSA Board and its Member Communities; and WHEREAS, the Contract provides that for so long as the Contract is in force and Contractor has not given SPSA notice of intent to not renew the Contract, SPSA will not recommend, encourage or support (i) any Member Jurisdictzon's implementation of a waste generation or similar fee charged to customers of Contractor for disposal services provided by or on behalf of that jurisdiction; and (ii) any SPSA Member Jurisdiction franchising the collection of commercial solid waste within that jurisdiction or otherwise displacing the collection or disposal business of Contractor, mncluding, but not limited to, action (including, but not limited to, the scheduling of a public hearing) pursuant to Virginia Code Section 15.2-930, 15.2-931, and/or 15.2-934, as modified, expanded or amended; and WHEREAS, the Contract also states that the aforesaid provision shall not preclude or apply to any Member Jurisdiction or SPSA itself engaging in the collection of Solid Waste in competition with Contractor at dmsposal rates equal to or higher than those paid by Contractor pursuant to the Contract plus charges not less than SPSA's or Member Jurisdiction's actual cost of collecting and hauling such waste; and 68 WHEREAS, the Contract also states that the aforesaid 69 provision shall also not preclude or apply to any action taken by a 70 SPSA Member Jurisdiction in connection with the establishment or 71 implementation of a fee or other charge payable by (i) a resident of 72 that Member Jurisdiction or (ii) any other owner of property in that 73 Member Jurisdiction that agrees to pay such fee or other charge for 74 waste collection and disposal service provided by that Member 75 Jurisdiction; and 76 WHEREAS, the Contract also provides that the term 77 "implementation" includes, but is not limited to, the advertisement 78 in a newspaper of general circulation, posting or mailing official 79 public notice by a Member Jurisdiction of a proposed ordinance; and 80 WHEREAS, the Contract also provides that the aforesaid 81 obligations of the Member Communities shall cease upon receipt by SPSA 82 of written notice Contractor does not intend to renew the Contract; 83 and 84 WHEREAS, the Contract provides that if by December 31, 85 2001, any one of the Cities of Chesapeake, Norfolk, Portsmouth or 86 Virginia Beach fails to approve a resolution substantially in this 87 form, Contractor may terminate the Contract; 88 NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY 89 OF VIRGINIA BEACH, VIRGINIA: 90 That the City Council hereby declares its intent that if 91 the members of the solid waste management industry operating in the 92 Service Area comply with the terms of the Contract, the City of 93 Virginia Beach will not, for so long as the Contract remains in effect 94 and for so long as Contractor has not given notice of intent to not 95 renew the Contract, (i) implement a waste generation or s~milar fee 96 charged to customers of Contractor for disposal services provided by 97 or on behalf of the City; or (ii) franchise the collection of 98 commercial solid waste within the City or otherwise displace the 99 collection or disposal business of Contractor, including, but not 100 limited to, action pursuant to Virginia Code Section 15.2-930, 15.2- 101 102 103 104 931, or 15.2-934 (including, but not limited to, the scheduling of a public hearing), or any combination thereof, as modified, expanded or amended. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 105 VIRGINIA BEACH, VIRGINIA' 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 That this Resolution shall not preclude or apply to the City or SPSA itself engaging in the collection of Solid Waste in competition with Contractor at disposal rates equal to or higher than those paid by Contractor pursuant to the Contract plus charges not less than SPSA's or Member Jurisdiction's actual cost of collecting and hauling such waste. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That this Resolution shall also not preclude or apply to any action taken by the City in connection with the establishment or implementation of a fee or other charge payable by (i) a resident of the City or (ii) any other owner of property in the City that agrees to pay such fee or other charge for waste collection and disposal service provided by the City. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That for purposes of this Resolution, the term "implementation" includes, but is not limited to, the advertisement in a newspaper of general circulation, posting or mailing of official public notice by the City of a proposed ordinance. 126 127 on the Adopted by the Council of the City of Virginia Beach, Virginia, 4th day of September 2001 , · 128 CA-8212 129 wmmkordreskspsafeesres.wpd 130 R-1 - August 17, 2001 131 APPROVED AS TO CONTENT' 132 134 Public Works ('~ APPROVED AS TO LEGAL SUFFICIBNCY' Department of - 23 - Item V-~.I.. APPOINTMENTS ITEM # 48630 BY CONSENSUS, Ctty Counctl RESCHEDULED the followtng APPOINTMENTS: PRINCESS ANNE COMMONS STEERING COMMITTEE PUBLIC LIBRARY BOARD September 4, 2001 - 24 - Item V-J. 2. APPOINTMENTS ITEM # 48631 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl REAPPOINTED: Elizabeth A. "Betsy" Duke 4 year term 9/1/01 - 8/31/05 DEVELOPMENT AUTHORITY Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent Rosemary Wtlson September 4, 2001 - 25 - Item V-M. ADJOURNMENT ITEM #48632 Vtce Mayor Sessoms DECLARED the Ctty Counctl Meettng ADJOURNED at 6:11 P.M. Chief Deputy C~ty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta September 4, 2001