OCTOBER 1, 2002 MINUTES ITY OF VII GINIA t EAGH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR MEYERA E OBERNDORF, At-Large
VICE MA YOR ROBERT C MANDIGO, JR, Kempsvdle -Dtstrtct 2
MARGARET L EURE, Centervtlle -Dtstrtct 1
LOUIS R /ONES, BayvMe - Dt~trlct 4
REBA S McCLANAN, Ro~e Hall - Dt~trtct 3
RICHARD A MADDOX, Beach -Dtstrtct 6
JIM REEVE, Prmce~, Anne- Dl~trtct 7
PETER W SCHM1DT, At-Large
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -Dt,trtct 5
JAMES K SPORE Cay Manager
LESLIE L LILLEE Ctty Attorney
RUTH HODGES SMITH, MMC, Ctty( lerk
CITY COUNCIL AGENDA
( ITY HALL BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
October 1, 2002
I CITY COUNCIL'S BRIEFING
- Conference Room-
2:30 PM
Ao
SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA)
John S. Hadfield, Executive Director (30 min.)
II.. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V INFORMAL SESSION
- Conference Room-
4:30 PM
Ao
B
CALL TO ORDER- Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
FORMAL SESSION
- Council Chamber -
6:00 PM
Ao
CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Peter Daley
New Hope Clmstian Fellowship 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
1. INFORMAL AND FORMAL SESSIONS - September 24, 2002
G. AGENDA FOR FORMAL SESSION
H
ORDINANCES/RESOLUTION
Ordinance to ACCEPT and APPROPRIATE $238, 644 additional grant revenue from the U
Department of Housing and Urban Development (HUD) to the FY 2002-2003 operating budget
of the Department of Housing and Neighborhood Preservation for additional
housing Choice Vouchers.
Ordinance to APPROPRIATE $6,066,267 to the Development Authority re their
outstanding obligation to the City to support economic and commercial development; AND,
structure the remaining balances as an interest free debt.
,
Ordinance to AUTHORIZE a temporary encroachment into the City's drainage easement
known as Canal No. 2 by Virginia Beach Marble Company.
Ordinance to TRANSFER $107,000 from various Storm Water projects to the Capital
Budget and to update the Storm Water Master Plan for the City's Transition Area.
,
Resolutions re placement of the United States Navy F/A-18 EF Super Hornet Aircraft as
recommended in the draft Environmental Statement (EIS):
ao
Alternative 1 with stipulations.
(Recommended by City Manager)
bo
Alternative 4A with a new outlying field.
(Sponsored by Council Lady McClanan)
APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
HISTORICAL REVIEW BOARD
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
10/01/02
AGENDA09/03/02/bb
www vbgov coin
If you are physically disabled or wsually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 4274303
Hearing impaired, call TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
1 October 2002
Mayor Oberndorf called to order the CITY COUNCIL'S BRIEFING re SOUTHEASTERN PUBLIC
SER VICE AUTHORITY (SPSA) tn the City Counctl Conference Room, Ctty Hall Butldmg, on Tuesday,
October 1, 2002, at 2 30 P M
Counctl Members Present
Margaret L Eure, Louts R clones, Reba S McClanan, Vtce Mayor Robert
C Mandtgo, dr, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and dames
L Wood
Council Members Absent
None
Mayor Oberndorf referenced the Ctty Manager's correspondence of September 2 7, 2002 The Ctty Manager
ts attendtng the 88th Annual Conference of the International City Manager's Association tn Phtladelphta
(September 30 through October 2, 2002) Followtng the conference, he will be on vacatton for two (2) days
C Oral Lambert, Jr, ChtefOperattng Officer, was acttng Ctty Manager
-2-
CITY COUNCIL'S BRIEFING
SOUTHEASTERN PUBLIC SER VICE AUTHORITY (SPSA)
ITEM # 50208
2:30 P.M.
Michael Barrett, Member - Southeastern Pubhc Service Authortty (SPSA) advtsed since 1985, the
Southeastern Pubhc Service Authortty has been operattng an tntegrated and comprehenstve sohd waste
management system The system serves the restdents of Chesapeake, Frankhn, Isle of Wight, Norfolk,
Portsmouth, Southampton, Suffolk and Virginia Beach The dady management of the regton's sohd waste
ts the responstbtltty of over 450 employees, whale system development ts overseen by SPSA 'S Board of
Directors composed of a member and alternate representative from each of the etght commumttes The
Board has gone through a number of retreats stmdar to the Ctty Councd's and utthzed the same facthtator,
Lyle Sumek SPSA needs to be assured thetr servtces are cost effective and meet the spectfic needs of the
etght (8) parttctpattng regtons, thetr customers SPSA must negottate a new contract wtth the parttctpattng
regions tn 2018 Mr Barrett advtsed there ts no crtsts at thepresent ttme The muntctpal ttpptngfee has been
reduced and there are suffictent quanttttes of waste recycled into fuel and burned tn the Navy shtpyard Mr
Barrett tntroduced dohn S Hadfield, Executtve Dtrector- SPSA
Mr Hadfield advtsed whde there ts no crtsts at the present ttme, there has been some controversy Mr
Hadfield ctted the mtsston of SPSA
To manage and operate safe, cost efficient and envtronmentally
responstble sohd waste collectton, processing and dtsposal programs
and facthttes for the mutual benefit of the ctttzens, busmesses and
tnstttuttons tn the member communtttes
SPSA was formed tn 1975 to replace old mumctpal landfills tn the area The member vtston was that SPSA
would recover recyclables and provtde energy and landfill he rematntng waste Contracts wtth commumttes
were wrttten to requtre that vtrtually all waste collected tn a communtty be taken to SPSA and that these
communtttes pay ttpptng fees necessary to operate the system
SPSA WASTE MANAGEMENT SYSTEM
Waste-to-Energy System
Regtonal Landfill
Transfer Stations
Yard Waste Recychng
Curbstde and Drop-off Recychng
Ttre and Metals Recychng
Household Hazardous Waste
Bustness and Community Educatton
POWER PLANT/WASTE TO ENERGY SYSTEM (WTE)
SPSA began operattng the US Navy Power Plant tn October 1989
SPSA took over ownershtp of the Power Plant from the Navy tn
duly 1999
SPSA receives revenue from the Navy for process stream and
electrtcal energy
SPSA also recetves revenue from Dommton Vtrgtnta Power for
electrtctty sales
SPSA has tmproved tts track record of energy productton and
efficiency
Changes have been made tn management, plant automatton and tn
getttng more waste to fuel the Plant
Waste-to-Energy Power Plant ts now profitable
October 1, 2002
-3-
CITY COUNCIL'S BRIEFING
S O UTHE,4S TERN PUBLIC SER VICE ,4 UTHORITY (SPS,4)
ITEM # 50208 (Continued)
Facthttes located tn Portsmouth
Over 600,000 tons of Refuse Dertved Fuel (RDF) or more than 50%
of the total waste stream was benefictally used through the Power
Plant
Steam and electrtctty are generated tn an environmentally sound
manner
3,385,550,000 pounds of steam generated
240,332,000 kilowatt hours of electricity generated
Stx (6) alternattves were presented to update, enhance and change SPSA 's present recychng programs
At its September 25, 2002 meettng, the SPSA Board of Dtrectors opted to further tnvesttgate the followtng
three opttons
Recycling through Waste-to-Energy system
Expanded Drop-off recycling
Subscription-based curbside recycling
The Board wtll further consider the opttons at future Board meettngs begtnntng tn October Mr Barrett
advised SPSA is not talking about Virginia Beach changing its recycling program, which ts provtded
through Wade Kyle - Rtsk Management Admtmstrator None of these changes would affect Vtrgtnta Beach
Six (6) major goals were tdenttfied at the Retreat
Long-term Ftnanctal securtty
Excellence tn Sohd Waste Management and Servtces
Ltfe after 2018
New servtces
Awareness and credtbthty
Nattonal Model for Environmentally Responstble
Integrated Waste Management
SPSA reached agreement wtth prtvate hauler contractors tn 2001 The 5-year contract ts subject to renewal
tn June 2006 Contracts assure waste volumes are dehvered tn order to meet system reqmrements Hauler
ttppmg fees are now tncreastng as the muntctpal ttpptng fees are decreasing By 2006, SPSA's goal ts to
have a $42/ton municipal tipping fee At present the ttpptngfee ts $55/ton The Ctty of Vtrgtma Beach's
ttpptngfee ts controlled by either the lower of the actual muntctpal ttpptngfee or the cap The $42 wtll get
below the cap for Vtrgtnta Beach when that occurs To achteve this, SPSA wtll reduce expenses by conttnutng
to tmprove operattng effictenctes and tnvesttgate new, related bustness opportumttes Mr Hadfield &splayed
a graph deptcttng Municipal Tipping Fee Reductions.
SPS,4 ' s ENVIR ONMEN T,4L CONSIDERATIONS
SPSA ts committed to enhanctng and protecttng the envtronment by
Matntatmng the pubhc responstbthty for management of waste
Protecttng local commumty government, area restdents and area
business tnterests
Meettng requtrements for state-mandated recychng
Managtng the state-requtred sohd waste managementplan for all
member communtttes
Reductng landfill usage (Less than 50% of sohd waste generated
tn our regton ts landfilled)
October 1, 2002
-4-
CITY COUNCIL'S BRIEFING
SOUTHEASTERN PUBLIC SER VICE AUTHORITY (SPSA)
ITEM # 50208 (Continued)
Mr Hadfield advtsed commerctal tonnage ts approxtmately 600,000 tons There are vartous rates for
dtfferent kinds of waste Total revenue from ttpptngfees, both tn the ctttes and from the commerctal sector,
ts almost $40-MILLION per year There ts no charge for dumptng normal household waste from a small
vehtcle (hke a ptck up) The free dtsposal ts for regtons tn thts Dtstrtct There are about 4 ~ years capactty
rematntng tn Cell 5 There ts another area tn the Landfill Cell 6 where part of our yard waste program ts
located
Stnce Vtrgtnta has become the dumping grounds for New York, Pennsylvama and New Jersey, Mayor
Oberndorf tnqutred relative the hfe of the landfills Mr Hadfield esttmated approxtmately seventeen (17)
years (some landfills less~some more) Mr Hadfield has heard the land fills on the eastern end of
Pennsylvnta have approxtmately two years of hfe left Re the entrepreneurs rolhng thetr garbage tnto
Vtrgtnta, there ts no state fee at thts potnt Mr Barrett advtsed last year the Governor made a proposal and
this legtslatton ts betng redrafied A number of parttes are tnvolved prtvate haulers, the admtntstratton,
VML and, VACO Thts legtslatton has been modtfied SPSA ts concerned, however, tf the flow back ts to the
locahttes ts for thtngs that meet the City's needs, thts mtght be a trade-off There are certatnly pohttcal
tmphcattons tn recetvtng waste~fuel from other states In some sense to the degree that we are able, the
tmport fuel works to our advantage SPSA ts careful about the program betng benefictal to the ctttzens and
communtttes and avotdtng waste comtng to Vtrgtnta that ts notprocessable Thts asststs with a lower tipping
fee.
Mr Hadfield advised Pennsylvama has a fee on all waste of about $8 O0 a ton whether generated tnstde or
outstde of state A part of this fee goes back to local government for recychng purposes or other
envtronmental uses
Mayor Oberndorf advtsed she has been tnvtted to serve on this Commtttee at the State level and would advtse
Ctty Counctl Mr Hadfield advtsed, relative locatton of other waste-to-energy opttons, new technologtes
bemg utthzed tn Europe and Japan, are expenstve but envtronmentally frtendly These wtll be reviewed
Mayor Oberndorf expressed apprectatton to Wade Kyle, Rtsk Management Admtntstrator, and hts "can do
attttude" A ctttzen who hves tn Norfolk has a Summer home tn Croatan, comphmented hts expedtent
servtce
October 1, 2002
-5-
AGENDA RE VIEW SESSION
3:03 P.M.
ITEM # 50209
H2
Or&nance to APPROPRIATE $6,066,267 to the Development
Authority re thetr outstan&ng obhgatton to the Ctty to support
economtc and commerctal development, AND, structure the
rematntng balances as an interest free debt.
As several members tn&cated verbal nays, thts ttem wtll be &scussed durtng the Formal Sesston
ITEM # 50210
H3
Or&nance to AUTHORIZE a temporary encroachment
tnto the Ctty's dratnage easement known as Canal No. 2
by Virginia Beach Marble Company
Counctl Lady McClanan expressed concern as the U S Corps of Army Engtneers seemed emphattc re not
utthztng the easement Jtm Lawson, Real Estate - Pubhc Works, advtsed the agreement wtth the Corps
sttpulated that anythsng allowed to be budt wsthsn the canal had to be approved by Ctty Counctl This ts a
fence for a storage area
Vtce Mayor Man&go snqusred tf there would be anythsng hazardous or water soluble wtthsn the drasnage
easement As Mr Lawson understood for thesr apphcatton, all they are requesting ss the storage of the bulk
stone Council Lady Eure tnqusred relatsve the stze of the area The product should be tdenttfied and be
stspulated as "non hazardous waste material" Mr Lawson estsmated the area to be approxtmately 225feet,
but he wtll verify thts by the Formal Sessson Mr Lawson advssed thts ss stmtlar to the Hermes
encroachment and others, prevsously approved, for fencsng and mostly bulk storage
Thts stem wtll be &scussed durtng the Formal Sessson and Mr Lawson wtll have a representattve of Vtrgsnsa
Beach Marble tn attendance
ITEM # 50211
H5
Resolutsons replacement of the Untted States Navy F/A- 18
EF Super Hornet Asrcrafi as recommended tn the draft
Envsronmental Statement (EIS)
a. Alternative 1 wtth sttpulattons
(Recommended by Csty Manager)
b. Alternative 4A wtth a new outlytng field
(Sponsored by Councsl Lady McClanan)
Councslman Maddox advssed he has another Resolutson he would hke added to the Agenda
Mayor Oberndorf wtll also be ad&ng a Resolutson, a mo&ficatson of the Resolutson wrstten by the Csty
Manager, and prepared by Chatr Dudley Fulton and the Super Hornet Commssston
The Ctty Attorney advssed as there are two resoluttons relattve the Super Hornets, the resoluttons of Mayor
Oberndorf and Counctlman Maddox could be sntroduced as amendments or added as separate resolutsons
As they are prepared, tt would be preferable to follow the procedure requtrtng 8 votes to ADD the to the
Agenda However, if one Resolution fads to be added, the proponent could add hts or her chotce as an
amendment
Councdman Jones suggested placsng the two Resolutsons as c. and d. The Csty Attorney addressed the sssue
of Parhamentary Procedure When these are conssdered by Csty Councd, assumsng all four (4) are vsable,
one motton will take place The way City Counctl usually has handled these types of sstuatsons ts there wsll
be a motton on one of the ttems wtth a Substttute Motion forthcomsng In thts case, tf the Subststute ts
successful, the masn motson ts dropped The Subststute becomes the Masn Motson and ss subject to ad&tsonal
substttutes
Vtce Mayor Man&go advtsed a correctton and sasd the Resoluttons under (a), (c), and (d) all have a
reference to Fleet Carrier Landing Practice Thss should be changed to Field Carrier Landing Practice,
whtch ts what FCLP means Alternattve 4A does not have that reference
** See Additional comments re this item after CLOSED SESSION.
October 1, 2002
-6-
AGENDA RE VIE W SESSION
ITEM # 50212
Vtce Mayor Man&go referenced the request of the Mayor relattve movtng Ctty Councd 's Meettng of October
22, 2002, to October 29, 2002 Mayor Oberndorf advtsed the Vtrgtnta Muntctpal League Annual Meettng
wtll be held tn Norfolk on October 20 through 23, 2002, and Ctty Counctl Members mtght wtsh to attend
Mayor Oberndorf wtll be hea&ng the offictal Ctty delegatton to Vtrgtnta Beach's stster ctty, Mtyazakt,
Japan A Resolutton shall be &strtbuted to members of Ctty Counctl
Counctl Lady McClanan wtll not be tn attendance durtng the City Councd Sesston of October 29, 2002, and
requested the Billboard tssue not be scheduled for thts Session Council Lady McClanan wtshes to be tn
attendance for thts tssue Mayor Oberndorf assured the Btllboard ttem wtll NOT be scheduled for thts
Sesston
ITEM # 50213
B Y CONSENSUS, thefollowtng shah compose the CONSENTAGENDA:
ORDINANCES/RES OL UTION
HI
Or&nance to ACCEPT and APPROPRIATE $238, 644
ad&ttonal grant revenue from the US Department of
Houstng and Urban Development (HUD) to the FY 2002-
2003 operattng budget of the Department of Housing and
Neighborhood Preservation for ad&ttonal housmg
Choice Vouchers.
H4
Or&nance to TRANSFER $107, O00 from various Storm
Water projects to the Capttal Budget and to update the
Storm Water Master Plan for the City's Transition Area
October 1, 2002
-7-
CITY CO UNCIL LIAISON REPOR TS
3:20 P.M.
ITEM # 50214
Counctl Members Reeve and Schmtdt referenced the Virginia Beach Transition Area Technical Review
Committee Meeting on Monday, September 30, 2002 Thts meettng was very producttve and the Commtttee
ts close to "wrapptng" up the recreational component There ts a network of tratls betng developed whtch
hopefully will presented to the Commtttee next Monday The Commtttee wtll revtew the formahzed
recreattonal opportuntttes Corrtdorprotectton has been discussed relattve the appearance of the roadways
from other parts of the City The development opportuntttes wtll be dtscussed at a later sesston As the ttme
hne ts November 30, 2002, the Commtttee ss hopeful topresent a complete report to Ctty Counctl There are
many dtfferent dtscusstons and tf tt ss sensed there wtll be a delay, the City Counctl wtll be advtsed and
requested to extend thts time
ITEM # 50215
Counctl Members Wdson and McClanan referenced a CITIZENS COMMITTEE ON BOARDS AND
COMMISSIONS meettng on Friday, September 27, 2002, wtth 100% attendance The completed surveys,
were taken very sertously by the Boards and Commtsstons These have been recetved and comptled by the
Ctty Clerk Currently, these surveys are betng revtewed Another meettng ss scheduled for October 4, 2002
Counctl Members were requested to provtde comments Counctl Lady Wtlson and Counctl Lady McClanan,
City Counctl Ltatsons, are revtewtng the Ctty's appotnttve Boards and Commtsstons
Mayor Oberndorf referenced requests of Committees for addtttonal fundtng and staff
Counctl Lady Eure beheves at the approprtate ttme, the Lynnhaven Rtver project should be asstgned to the
Beaches, Boats and Waterways Commission Councilman Wood concurred
Mayor Oberndorf advtsed Councilman Schmtdt that Clay Bermck, Environmental Management
Admmtstrator, wtll sttll brtef Ctty Council relattve the waterways durtng a future Workshop
Counctlman Reeve advtsed the Lynnhaven, hke the Ehzabeth Rtver project, may have a longer hfe and more
ora need to create a network out of the commumty whtch would be beyond the scope of the Beaches and
Waterways Commtsstons He beheves thts to be more a commumty tnvolvement Counctlman Wood advtsed
there are many stakeholders tn thts process There are groups whtch wtll be worktng on the Lynnhaven Rtver
project independent of the Ctty
Counctl Lady Wtlson advtsed the representatives of the Beaches and Waterways Commtsston tnvtte ctttzens
to attend There were three (3) pubhc hearings durtng formulatton of the Beach Management Plan The
Commtsston has an excellent process estabhshed
October 1, 2002
-8-
CITY COUNCIL COMMENTS
3:33 P.M.
ITEM # 50216
C Oral Lambert, ChtefOperattng Officer, advtsed E Dean Block Dtrector of Pubhc Works and hts staff
had conducted a Brtefing on September 3, 2002, re the Sandbrtdge Road Corrtdor Improvements Counctl
Members requested addtttonal tnformatton whtch was dtstrtbuted by Acttng Ctty Manager Oral Lambert
Mr Lambert advtsed another Brtefing has been scheduled for October 8, 2002 The staff wtll advtse the
summary of the pubhc meettngs conducted and the recommendatton on ahgnments from the Sandbrtdge
Ctttzens Advtsory Commtttee
ITEM # 50217
Counctl Lady Eure referenced the reception tn honor of Rtchard S "Dtckte" Foster at the Sheraton
Oceanfront Hotel, Oceanfront and 36th Street, 5 30- 7 30 P M, October 1, 2002 The Vtrgtnta Polytechmc
Instttute and State Untverstty scheduled this receptton to celebrate the estabhshment of the Rtchard S
Foster Urban Forestry Scholarshtp As st ss anttctpated, because of the anttctpated length of thts Ctty
Counctl Sesston, st ss doubtful any Members wtll be able to attend Counctl Lady Eure had prevtously passed
on thetr apologtes to Mr Foster
ITEM # 50218
Council Lady Eure referenced the correspondence concerning the problems at the Creeds firing range
Mr Lambert advtsed there are two letters, one from an attorney representtng some of the restdents and
another one from the restdents The Ctty Manager met wtth these restdents approxtmately one week ago and
they tdenttfied thetr various concerns Stnce that ttme, a number of acttons have taken place and the Ctty
Manager's office wtll be prepartng a response to the attorney tdenttfytng those actions
Counctlman Reeve advtsed betng tn touch wtth the property owners He has spoken wtth the Pohce
Department and toured the Creeds firtng range He asststed tn the organtzatton of the aforementtoned
meettng wtth the Ctty Manager, Mr Lambert, Pohce Chtef dacocks, members of the Pohce fi~rce that operate
the range and the concerned restdents Thts ss an ongotng tssue, whtch wtll be followed and a resolutton wtll
be forthcoming
ITEM # 50219
Counctl Lady Eure referenced correspondence of Attorney Tom Smtth regar&ng the purchase of hts
property at 19'h Street relattve the Conventton Center Counctl Lady Eure requested an update from the Ctty
Attorney be provtded
The Ctty Attorney advtsed there ts a ttmetable whtch has been estabhshed for the acqutsttton of the
properttes
Mr Lambert advtsed a constructton schedule has been estabhshed for the conventton center and the destgn
process ts proceedtng wtth the acqutsttton of sttes to facthtate the constructton A number of properttes have
been acqutred
Council Lady McClanan advtsed tt was clear that some of the procedures were sttll open ended and the
Archttects were planntng to provtde further tnformatton to the City Counctl tn October Mr Lambert
adwsed the Archttects are returmng with the destgn for the butldtng and other details dtscussed durtng the
brtefing The bastc stte plan, the concept of parktng across the southstde of J9th Street and the locatton of
the butldtng have been dectded and the project ts movtng forward on that basts Counctl Lady McClanan
expressed concern relattve changes tn the landscaptng
Stephen Thompson, Chtef Ftnanctal Officer, spoke wtth Jtm Rtcketts, Dtrector of Conventton and Vtsttor
Development, and he advtsed the changes were not at an unacceptable level Mr Thompson advised
essenttally $4-MILLION has been expended tn destgn and approxtmately $10-MILLIONtn land acqutsttton
The staff ts movtngforward with the project Brtefings to revtew each aspect of the Conventton Center wtll
be scheduled for Cay Counctl Sesstons. The work to-date has been approved by Ctty Counctl (a stte for
the Conventton Center, movtngforward with the project and locattng the Theater tn Town Center)
Council Lady Eure advtsed she ss a Ltatson to the Conventton Center and referenced a report from the
Pavilion Feasibility Design Subcommittee dated September Thtrd There are constderable changes and
the aquartum was ehmtnated Counctl Lady Eure advtsed them thts was Ctty Counctl's dectston Ctty
Council needs to have thts Brtefing
October 1, 2002
-9-
CITY COUNCIL COMMENTS
ITEM # 50219 (Continued)
Mr Thompson advtsed nothing has been ehmtnated from the project Thts ts sttll awatttng Ctty Counctl's
revtew
Counctlman Maddox advtsed he ts the new Ltatson wtth Counctl Lady Eure While theprevtous Ctty Counctl
gave the dtrecttons, thts ts occurrtng during the new Ctty Counctl's tenure and ts the largest stngle
tnvestment the Resort wtll make tn hts hfettme
Counctlman Reeve concurred as the new Members have not had a briefing stnce taktng office He only saw
the destgns havtng attended prevtous Ctty Council Sesstons prtor to assuming hts duttes
ITEM # 50220
Counctlman Vtllanueva also requested a brtefing on the 31~ Street Project and the Performing Arts
Theater.
ITEM # 50221
Counctl Lady I'Vtlson expressed apprectatton to Robert Matthtas, Asststant to the Ctty Manager, relative the
meettng, tnvtttng the pubhc to provtde thetr comments concerning the Legislative Package Thts meettng
was conducted tn the Pavthon Board Room, IVednesday, 6 30 P M, September 25, 2002
ITEM # 50222
Vtce Mayor Man&go commended Nancy Creech, Prestdent- Neptune Festival and Donald "Pat"
Patterson, 2002 Neptune Festival Director for thetr unselfish endeavors thts past weekend It was an
extremely successful weekend The "woman of the cloth" who prayed for our fine weather was certatnly tn
good wtth the Lord The Parade was held on Sunday The streets were hned for at least stx blocks The Art
Show and Sand castle contest were wonderful Counctlman Maddox comphmented the fireworks as the best
he had ever wttnessed
October 1, 2002
-lO-
ITEM # 50223
Mayor Oberndorf called to order the second INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Council Conference Room, Ctty Hall Butldtng, on Tuesday, October 1, 2002, at 3 50
PM
Counctl Members Present
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, IZtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva,
Rosemary I'Vtlson, and James L I'Vood
Counctl Members Absent
None
October 1, 2002
-11-
ITEM # 50224
Mayor Oberndorf entertatned a motton to permtt Ctty Council to conduct tts CLOSED SESSION, pursuant
to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotion, performance, demotton, salaries, dtsctphntng, or restgnatton
of spectfic pubhc officers, appotntees, or employees pursuant to Sectton
2 2-3711 (A) (1)
To Wtt Appotntments
Boards and Commtsstons
Htstortcal Review Board
Parks and Recreation Commtsston
Pubhc Ltbrary Board
LEGAL MATTERS Consultatton wtth legal counsel or briefings by staff
members, consultants, or attorneys pertatntng to actual or probable
httgatton, or other spectfic legal matters requtrtng the provtston of legal
advtce by counsel pursuant to Sectton 2 2-3771(A)(7)
Ctty of Vtrgtma Beach & Phthp d Kellam v Sentara
Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, City Counctl voted to proceed
into CLOSED SESSION.
Vottng 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox,
Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James
L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
(Recess 3:57 to 4:17 P.M.)
(Closed Session 4:17 P.M. - 5:20 P.M.)
October 1, 2002
- 12-
ITEM # 50225
At 5 20 P M the Mayor ADJOURNED THE CLOSED SESSION and opened the doors for Ctty Counctl to
discuss other items of tnterest
Several Members of the pubhc returned to the Conference Room and were present for the dtscusston
HOWEVER THE RECORDING HAD BEEN TURNED OFF TO ALLOW THE DISC TO BE
REMOVED TO THE FORMAL SESSION. THEREFORE, THERE WAS NO TELEVISING OF THIS
BRIEF SESSION NOR WAS IT RECORDED
Thts ts a summartzatton of City Counctl's dtscusston,
ITEM # 50226
Counctlman Maddox expressed concern relattve appotntments to certatn Boards and Commtsstons whtch
he feels should be made tn advance of the Agency's exptratton date to allow the appotntee to learn more
about the parttcular Board or Commtsston before they have to stt to make determtnattons or
recommendattons
ITEM # 5022 7
Mayor Oberndorf clartfied there would be twenty-seven (27) or more speakers for the Resoluttons re
placement of the United States Navy F/A-18 EF Super Hornet Atrcrafi as recommended tn the draft
Envtronmental Statement (EIS) and ascertatned Ctty Counctl's pleasure for the ttme speakers would be
allowed to make thetr presentatton BY CONSENSUS, City Counctl agreed each speaker would have three
(3) minutes and the Mayor should adhere to the cautton and the red hghts on the podtum to let the speaker
know their ttme had exptred
The Mayor advtsed that she and Counctlman Maddox had collaborated on another verston of the Super
Hornet Resolutton She and Counctlman Maddox advtsed they agreed on the new verston and, BY
CONSENSUS, Ctty Council agreed to replace the resolutton previously hsted on the agenda V-H 5 a wtth
the new document collaborated by the Mayor and Councilman Maddox
ITEM # 50228
Counctlman Jones ascertatned from Ctty Counctl Members thetrpleasure to honor former Counctl Member
Harold Hetschober wtth a Resolutton, renamtng the Vtrgtnta Beach Sportsplex - Harold Heischober Field,
to be presented October 8, 2002 at the Regular Formal Session
October 1, 2002
- 13-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
October 1, 2002
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, Ctty Hall Butldmg, on Tuesday, October 1, 2002, at 6 O0 P M
Counctl Members Present
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Absent
None
INVOCATION
Reverend Peter Daley
New Hope Chrtsttan Fellowshtp Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 1, 2002
Item V-E.
- 14-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 50226
Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requtrements 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, chscussed or considered by
Vtrgtnta Beach City Counctl
Vottng 11-0
Counctl Members Voting Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Council Members Absent
None
October 1, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The V~rg~ma Beach C~ty Council convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded ~n ITEM # 50224, page 11, and in accordance with the
provisions of The Virginia Freedom of Information Act, and,
WHEREAS Section 2 2-3 711(A) of the Code of Vlrg~ma requires a certification by the governing
body that such Closed Session was conducted in conformity with Vlrg~ma law
NOW, THEREFORE, BE IT RESOLVED That the V~rglma 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 Vlrglma law were discussed ~n Closed Session to which this certification resolution
applies, and, (b) only such public business matters as were identified in the motion convemng this Closed
Session were heard, discussed or considered by V~rg~ma Beach City Council
t~uth Hodges Sml~'th, MMC
City Clerk
October 1, 2002
Item V-F. 1.
- 15-
MINUTES
ITEM # 5022 7
Upon motton by Counctl Lady Wtlson, seconded by Counctl Lady Eure, Ctty Counctl APPROVED, AS
AMENDED, the Mtnutes of the INFORMAL AND FORdFIAL SESSIONS of September 24, 2002
ITEM# 50163 - Page 7
Vtce Mayor Man&go advtsed Cherry Potnt has-a-n._q.o need for an addtttonal outlytng field with tts extsttng
atrcraft The runways and outlytngfields would not be suffictent for the Super Hornets The outlytngfield
at 4~c,gtte Bogue fltes rtght hand patterns all the ttme
Vottng 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 1, 2002
Item V-G.
-16-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 50228
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
The Mayor requested City Council ADD:
Resolutton to change regular City Council Sessions from October 22
to October 29, 2002 at 6.'00 P.M.
October 1, 2002
Item V-G. 1
-17-
ADD-ON ITEM
ITEM # 50229
Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, City Counctl ADDED and
ADOPTED:
Resolutton to change regular City Council Session from October 22
to October 29, 2002 at 6:00 P.M.
IZottng 11-0
Counctl Members Vottng Ave
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
October 1, 2002
Requested by Mayor Meyera E. Oberndorf
A RESOLUTION TO MOVE CITY COUNCIL'S
MEETING OF OCTOBER 22, 2002, TO
OCTOBER 29, 2002
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
Virginia, on the 1st day of October
CA-8636
ORDIN~NONCODE~ccmtgres.wpd
R-1 - September 30, 2002
WHEREAS, Section 2-20 of the City Code provzdes that
"[r]egular formal meetings of the council shall be held ~n the
Council Chambers of the City Hall Building, Municipal Center,
Virginia Beach, Virginia, on the first, second and fourth Tuesdays
of each month at 6:00 p.m., unless such date shall fall upon a
legal holiday, in which case the meeting shall be held on the next
succeeding day which is not a holiday and at the same hour, except
as otherwise provided by special resolution of the council."
WHEREAS, the annual meeting of the Virginia Municipal
League will be held in Norfolk on October 20 through 23, 2002; and
WHEREAS, at this same time, an official City delegation
led by Mayor Oberndorf will be in Virginia Beach's sister city of
Miyazaki, Japan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That due to the meeting of the Virginia Municipal
League and the City delegation's sister city trip durzng the fourth
week of October 2002, the briefing, informal and formal session of
City Council scheduled for October 22, 2002, shall be held one (1)
week later on October 29, 2002.
2. That the City Clerk is hereby directed to take
adequate measures to notify the general public of this change in
the City Council's meeting date.
Adopted by the Council of the City of Virginia Beach,
, 2002.
APPROVED AS TO LEGAL
SUFFICIENCY: _
Department'-of~
Item V-G. 2.
- 18-
ADD-ON ITEM
ITEM # 50230
Upon motton by Councilman Maddox, seconded by Counctl Lady Wilson, Ctty Counctl ADDED to the
Agenda and substttuted for Resolution 5a
(Collaborattve Resolutton of Mayor Oberndorf and Counctlman
Maddox)
Alternattve 1
Resolutton re placement of the Untted States Navy F/A-18 EF Super
Hornet Atrcrafi as set forth tn the DEIS
Vottng 11-0
Council Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Council Members gottng Nay
None
Counctl Members Absent.
None
October I, 2002
Item V-H.
- 19-
ORDINANCES/RES OL UTION
ITEM ii 50231
Upon motton by Councdman Jones, seconded by Councdman Wood, Ctty Councd APPROVED IN ONE
MOTION Items 1 and 4 as the CONSENTAGENDA
Votmg 11-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary
Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
October 1, 2002
Item V-H. 1.
- 20-
ORDINANCES/RES OL UTION
ITEM # 50232
Upon motton by Counctlman Jones, seconded by Counctlman Wood, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE $238, 644 addtttonal
grant revenue from the US Department of Houstng and Urban
Development (HUD) to the FY 2002-2003 operating budget of the
Department of Housing and Neighborhood Preservation for
addtttonal houstng Choice Vouchers
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 1, 2002
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $238,644 OF ADDITIONAL
GRANT REVENUE FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT TO THE FY 2002-2003
OPERATING BUDGET OF THE DEPARTMENT
OF HOUSING AND NEIGHBORHOOD
PRESERVATION FOR ADDITIONAL HOUSING
CHOICE VOUCHERS
10
11
12
13
WHEREAS, an additional $238,644 has been awarded by the
United States Department of Housing and Urban Development for
additional housing choice vouchers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL .OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $238,644 is hereby accepted and appropriated to the
FY 2002-2003 Operating Budget of the Department of Housing and
Neighborhood Preservation to provide additional housing choice
vouchers, with estimated revenue from the federal government
increased accordingly.
Accepted by the Council of the C~ty of Virginia Beach,
Virginia on the 1st day of October 2002.
CA8620
ordin/noncode/Housing Vouchers.ord.wpd
September 25, 2002
R3
Approved as to Content:
giment Se~
Approved as to Legal
Sufficiency:
City Attorney~/Of f ] ce~
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Section 8 Financial Management Center
2345 Grand Boulevard, Suite 1150
Kansas C~ty, M~ssoun 66108-2603
SEP 1 S
Andrew Friedman, Executive Director
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
Dear Mr. Friedman:
Subject: FY 2002 Fair Share Award of Section 8 Housing Choice Vouchers -
Consolidated Annual Contributions Contract Amendment
By letter of August 7, 2002, you were notified by the Grants Management
Center of the Office of Public and Indian Housing (PIH) that your housing agency
has been awarded Section 8 Housing Choice Vouchers under the FY 2002 Fair
Share competition.
Enclosed with this letter is your executed copy of the Notice to Amend the
Consolidated Annual Contributions Contract (CACC), with revised funding
exhibit(s) incorporating the funding provided to you by this award. The
amendment Notice and revised funding exhibit(s) should be filed with your most
recently executed CACC. No execution by your housing agency is needed.
The details of the funding awarded to your agency are presented on the
first enclosure to this letter.
The effective date of the funding has been set a_t January 1, 2003, in order
to give you sufficient time to prepare for lease-up, as well as to make the funds
available to you during the time period in which they are needed. If your
planning indicates that an earlier effective date is needed, please contact your
Financial Analyst at the Financial Management Center, and it will be adjusted. If
the funding is effective in your current fiscal year, and your currently approved
Voucher budget does not include sufficient advances to cover your planned use
of these Vouchers, you should submit a budget revision to your Financial Analyst
as well. You may issue Vouchers prior to the effective date of the funding.
If you have any questions about the CACC documents, please contact
your Financial Analyst, Stefanie Gorby, at (304) 347-7013. Any questions
concerning the award process or amount should be directed to the PIH Grants
Management Center.
Please accept our congratulations on your receipt of this funding award
We wish you every success as you implement these Vouchers to meet the
housing needs of your community.
Sincerely,
Bernice C. Unland
Director
Enclosures
Annual Contributions Contract
Rental Certificate and Rental Voucher Programs
! I II I I
u. o. uepanment or Housing and Urban Developrrlent
Office of Pubhc and Indian Housing
Sechon 8
m I I I
HUD NOTICE TO HOUSING AGENCY AMENDING
CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT
Housing Agency: VA039
CITY OF VIRGINIA BEACH
In accordance w~th Paragraph 2.c of the Consolidated Annual Contributions Contract
between HUD and the HA, you are notified that the funding exhibits of the Consolidated
Annual Contnbubons Contract are hereby revised to add a new funding ~ncrement as provided
in the attached revised funding exhibits A and B. (This nobce adds one or more funding
increments I~sted on the attached funding exhibits )
Revised funding exhibits A and B are attached to th~s HUD nobce. These rewsed funding
exhibits replace and revise the prior funding exhibits.
In accordance with Paragraph 2.d. of the Consolidated Annual Contributions Contract, this
HUD notice and the attached funding exhibits constitute an amendment to the Consolidated
Annual Contributions Contract.
United States of America Secretary of H. ousin.q and Urban D.e.velopment Date smgned
Smgnature of Authorized Represema[~ve
x . . S.£P 18
Name & Offimal T~tle:
Bernice C. Unland, Director, Section 8 Financial Management Center
Form HUD-52520A (12/97)
U S
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PIH SECTION 8 - FUNDING EXHIBIT
PROGRAM-RASED
FIELD OFFICE 3FPH
OFFICE OF PUBLIC HOUSING
HA NUMBER VA039
CITY OF VIRGINIA BEACH
MUNICIPAL CENTER
VIRGINIA BEACH , VA 234560000
HA FISCAL YEAR-END 06/30
PROGRAM TYPE- VOUCHER PROGRAM
ACC NUMBER VA039VO
FI FIRST DATE LAST DATE CONTRACT CONTRACT BUDGET
NUMBER OF TERM OF TERM TERM AUTHORITY AUTHORITY
VA039VOOF03 07/01/2001 06/30/2002 12 0 34,613
VA039VO0016 01/01/2001 12/31/2001 12 0 1,453,785
VA039VO0017 02/01/2001 01/31/2002 12 0 95,554
VA039VO0018 03/01/2001 02/28/2002 12 0 341,264
VA039VO0019 07/01/2001 12/31/2001 6 0 974,314
VA039VO0020 08/01/2001 12/31/2001 S 0 247,065
VA039VO0021 09/01/2001 12/31/2001 4 0 158,122
VA039VO0022 09/01/2001 08/31/2002 12 0 28,500
VA039VO0023 09/01/2001 08/31/2002 12 0 720,480
VA039VO0024 01/01/2002 10/31/2002 10 1,101,379 917,816
VA039VO0025 01/01/2002 10/31/2002 10 2,036,328 1,696,940
VA039VO0026 10/01/2001 09/30/2002 12 3SS,775 355,775
VA039VO0027 01/01/2002 10/31/2002 10 2,812,047 2,343,372
VA039VO0028 02/01/2002 10/31/2002 9 159,096 119,322
VA039VO0029 03/01/2002 10/31/2002 8 568,200 378,800
VA039VO0030 09/01/2002 12/31/2002 4 863,664 287,888
VA039VO0031 10/01/2002 12/31/2002 3 426,148 106,537
VA039VO0032 01/01/2003 12/31/2003 12 477,288 477,288
VA039vog001 07/01/2001 06/30/2002 12 0 324,771
002-09-12 15.49 19 PAGE i
Item V-H. 2.
- 21 -
ORDINANCES/RESOL UTION
ITEM # 50233
Upon motton by Counctlman Jones, seconded by Counctlman Vtllanueva, Ctty Counctl DEFERRED
IND E FINITE L Y:
Ordtnance to APPROPRIATE $6,066,267 to the Development
Authority re thetr outstanding obligation to the City to support
economtc and commerctal development, AND, structure the rematntng
balances as an interest free debt.
Counctlman Schmtdt dtstrtbuted a SUBSTITUTE Ordinance
Ordtnance to restructure the Ctty of Vtrgtnta Beach Development
Authority's outstanding obligation to the City of Vtrgtnta Beach
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Thts ttem was moved and placed after the vote on Item H. 5. re Super Hornet Aircraft, to enable the Ctty
Attorney to DRAFT Counctlman Schmtdt's Ordmance
October 1, 2002
Item V-H. 3.
- 22 -
ORDINANCES/RES OL UTION
ITEM # 50234
Mr C Oral Lambert, Jr, Acting Ctty Manager, advtsed the area of the encroachment ts 115'x 90' and wtll
allow the storage of tratlers tn which are fintshed products such as stnks
Attorney Alan Gordon, represented Vtrgmta Beach Marble and advtsed only twenty-five percent (25%) of
the
storage area ts wtthtn the easement The area of the easement wtll be fenced, stx feet high and landscaped
The traders are cargo containers Cultured marble (stnks/wallboards) are stored tn the contatners
No raw matertal wtll be stored outstde There shall be three (3) contatners on the stte at one ttme and wtll
not be stacked
Upon motton by Councd Lady Eure, seconded by Councd Lady Wtlson, Ctty Counctl ADOPTED:
Or&nance to A UTHORIZE a temporary encroachment tnto the Ctty's
dratnage easement known as Canal No. 2 by Virginia Beach Marble
Company
The following conchttons shall be requtred
The temporary encroachment shall be constructed and
matntatned tn accordance wtth the laws of the Commonwealth of
Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance with
the Ctty's spectficattons and approval
The temporary encroachment shall termtnate upon nottce by the
Ctty to the apphcant and, wtthtn thtrty (30) days after such
nottce ts gtven, the temporary encroachment must be removed
from the encroachment area by the apphcant and the apphcant
wtll bear all costs and expenses of such removal
The apphcant shall tndemntfy and hold harmless the Ctty, its
agents and employees from and agatnst all clatms, damages,
losses and expenses, tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an action artstng out of the
locatton or extstence of the temporary encroachment
Nothing heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
herem and to the hmtted extent spectfied herein, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant must obtatn a permtt from the Development Servtces
Center of the Planntng Department prtor to commenctng any
constructton wtthtn the encroachment area
7 The temporary encroachment must conform to the mtntmum setback
requtrements as estabhshed by the Ctty
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the encroachment and charge the cost
thereof to the Grantee and collect the cost tn any manner
provtded by law for the collectton of local or state taxes, may
requtre the Grantee to remove the encroachment and, if such
removal shall not be made wtthtn the ttme ordered heretn above
by thts Agreement, the Ctty may tmpose a penalty tn the sum of
One Hundred Dollars ($100) per day for each and every day that
the encroachment ts allowed to conttnue thereafter, and may
collect such compensatton and penalttes tn any mannerprovtded
by law for the collectton of local or state taxes
October 1, 2002
Item V-H. 3.
- 23 -
ORDINANCES/RESOLUTION ITEM # 50234 (Continued)
9 There shall be no stacktng of contatners and contatners are
hmtted to no more than three at a ttme
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Council Members Vottng Nay
None
Counctl Members Absent
None
October 1, 2002
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
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S THREE HUNDRED
FOOT (300') DRAINAGE EASEMENT KNOWN
AS CANAL NO. 2 BY VIRGINIA BEACH
MARBLE COMPANY, A VIRGINIA
CORPORATION, ITS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, VIRGINIA BEACH MARBLE COMPANY, a Virginia
corporation, desires to construct and maintain a fence behind their
building located at 506 Viking Drive, within a portion of the
City's 300' drainage easement known as Canal No. 2.
WHEREAS, City Council is authorized pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments within the City's existing
easements 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, VIRGINIA BEACH MARBLE COMPANY, a Virginia corporation, its
heirs, assigns and successors in title, is authorized to construct
and maintain a temporary encroachment for a fence in the City's
300' drainage easement known as Canal No. 2, as shown on that
certain plat entitled: "PHYSICAL SURVEY OF UNIT 2, BUILDING 2 OF
SOUTHEASTERN CONDOMINIUM 506 VIKING DRIVE VIRGINIA BEACH, VIRGINIA
FOR VIRGINIA BEACH MARBLE COMPANY", a copy of which is on file in
the Department of Public Works to which reference is made for a
more particular description; and
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
VIRGINIA BEACH MARBLE COMPANY, a Virginia corporation (the
"Agreement"), which is attached hereto and incorporated by
reference; and
38
39
40
41
42
43
44
45
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 VIRGINIA BEACH MARBLE COMPANY, a
Virginia corporation and the City Manager or his authorized
designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the First day of October , 2002.
46
47
48
49
CA#-
TKENN\ENCROACH\VBMARBLE.ORD
R-1
PREPARED: 9/4/02
SiGNA-r=URE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND ~
CITY ATTORNEY
LOCATION MAP
SC~.E : 1" ~ 1,600~
· \
\ ·
· \
/\
\
", ..,\
~Q
LOCATION
MAP
FOR
ENCROACHMENT REQUEST FOR
VIRGINIA BEACH MARBLE COMPANY
506 VIKING DRIVE
SCALE: 1" = 100'
PREPARED BY P/W ENG. DRAFT. 01-^UG-2002
Photos taken behind building of
Virginia Beach Marble Co. at 506
Viking Dr. which shows area to be
fenced in and used as a storage area.
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this /~~ day of .l~ F~ ,
20 Ok, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, the "City" Grantor
and VIRGINIA BEACH MARBLE COMPANY, a Virginia corporation, ITS
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if
more than one).
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot,
tract or parcel of land designated and described as Building 2,
Unit 2, Southeastern Condominium, as shown on the plat recorded in
D.B. 2753, PG. 0355; and being further designated and described as
506 Viking Drive, Virginia Beach, VA 23452; and
WHEREAS, it is proposed by the Grantee to construct and
maintain a storage area for large metal containers, a "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 drainage easement known as Canal No.
2, the "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
GPIN: 1497-50-7390-1720
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 a 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: "PHYSICAL SURVEY OF UNIT 2,
BUILDING 2 OF SOUTHEASTERN CONDOMINIUM 506
VIKING DRIVE VIRGINIA BEACH, VIRGINIA FOR
VIRGINIA BEACH MARBLE COMPANY", a copy of
which is attached hereto as Exhibit "A" to
which reference is made for a more particular
description.
It is further expressly understood and agreed that the
Temporary Encroachment herein authorized shall terminate upon
notice by the City to the Grantee, and that within thirty (30)
days after such 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 such
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 Te~pora~y 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 Development Services Center
of the Planning Department prior to commencing any construction
within the Encroachment Area.
It is further expressly understood and agreed that the
Temporary Encroachment must conform to the minimum setback
requirements as established by the City.
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, 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, VIRGINIA BEACH MARBLE COMPANY, a
Virginia corporation, the said Grantee, has caused this Agreement
to be executed in its corporate name and on its behalf by its
president, and its corporate seal to be hereto affixed and duly
attested by its corporate secretary, with due authority by its
board of directors. Further, that the Ci=y 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.
(SEAL)
ATTEST:
CITY OF VIRGINIA BEACH
By
city Manager/Authorized
Designee of the City Manager
City Clerk
VIRGINIA BEACH MARBLE COMPANY
a Virginia corporation
Mose Mast, President
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, on behalf of the CITY OF VIRGINIA
BEACH.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires:
CITY/COUNTY O~ U~ c~'~ c~~~, to-wit:
The foregoing instrument was acknowledged before me
this L~ day of ~l_t~ , 20 ~~ , by
Mose Mast, President, on behalf of VIRGINIA BEACH MARBLE COMPANY,
a Virginia corporation.
Notary Public
M~p Commission Expires: ~' ~-O5 proved as to Form:
lA, PROVED AS TO CONTENT
F ....
~GNATU~E
Item V-H. 4.
- 24 -
ORDINANCES/RES O. L UTION
ITEM # 50235
Upon motton by Counctlman Jones, seconded by Counctlman Wood, Ctty Councd ADOPTED:
Or&nance to TRANSFER $107,000 from vartous Storm Water
projects to the Capttal Budget and to update the Storm Water Master
Plan for the Ctty's Transition Area
Vottng 11-0 (By Consent)
Counctl Members Voting Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 1, 2002
AN ORDINANCE TO TRANSFER $107,000 FROM
VARIOUS STORM WATER CAPITAL PROJECTS TO
CAPITAL PROJECT %7-027, SWM MASTER PLANNING,
ANALYSIS AND INVENTORY, TO UPDATE THE STORM
WATER MASTER PLAN FOR THE CITY'S TRANSITION
AREA
WHEREAS, $107,000 from various existing storm water
9 capital projects is available to be transferred to capital #7-
10 027, SWM Master Planning, Analysis and Inventory, to update the
11 storm water master plan for the City's transition area.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
13 CITY OF VIRGINIA BEACH, VIRGINIA:
14 1. That $107,000 is hereby transferred from existing
15 capital projects to Capital Project #7-027, SWM Master Planning,
16 Analysis and Inventory, to update the storm water master plan for
17 the City's transition area.
18 2. That of the $107,000 to be transferred, $70,000
19 shall come from Capital Project #7-022, Oceana Gardens East
20 Drainage and $37,000 shall come from Capital Project #7-186,
21 Windsor Woods Drainage.
22
23 Adopted by the Council of the City of Virginia Beach,
24 Virginia, on the 1st day of October , 2002.
25
26
CA-8622
ordin/noncode/swu.ord.wpd
R3
September 23, 2002
Approved as to Content'
Management ~
APPROVED AS TO LEGAL
SUFFICIENCY'
L~ Departm~ V
Item V-H. 5.
- 25 -
ORDINANCES/RES OL UTION
ITEM # 50236
Spoke tn SUPPORT of Resolution a. (Alternative 1)
Rear Admtral Fred Metz, 4512 Vtrgtnta Beach Blvd, Vtce Chatr- Super Hornet Commtsston
Bob Sutherland, Representtng Oceana Task Force, Hampton Roads Chamber of Commerce, Chatr- Super
Hornet Commtsston
Dorcas Helfant, Realtor, Representing Oceana Task Force, Hampton Roads Chamber of Commerce
Ron Pearson, rettred Navy Captatn flew out of Oceana for 14 years, representtng Oceana Task Force,
Hampton Roads Chamber of Commerce
Jtm Joyner, rettred Navy Captatn out of Oceana, representtng Oceana Task Force, Hampton Roads Chamber
of Commerce, Commandtng Officer of the Hampton Roads Assoctatton of Naval Avtatton Squadron
Jeff Gray, Representtng Oceana Task Force, Hampton Roads Chamber of Commerce
Delceno Mtles, Representtng Oceana Task Force, Chatrman- Hampton Roads Chamber of Commerce
Michael Barrett, Representtng Hampton Roads Chamber of Commerce
Joseph Ltcart, Retatler and Representtng Hampton Roads Chamber of Commerce
Ned Wtlhams, past Chatrman of the Vtrgtnta Beach Dtvtston Hampton Roads Chamber of Commerce,
Realtor for thtrty (30) years
Jeff Garrenton, Board Member -Vtrgtnta Beach Dtvtston Hampton Roads Chamber of Commerce
Nancy Creech Representtng Hampton Roads Chamber of Commerce
Jimmy Capps, hfe long resident, representtng Hampton Roads Chamber of Commerce, owns and operate
an oceanfront motel at beach
Mtlhe Jones, 1035 S Bayshore Road 23451, Phone 491-8656
Marvtn Seay, restdent stnce 1965, one of earher assignments was wtth the Navy's overstght of enhsted
atrcrafi personnel, 2413 Mtllwood Road 23454, Phone, 481-6394
Suprtya Christopher, Prestdent of Oceana Spouses Club, representtng Hampton Roads Chamber of
Commerce
Vtce Admtral Rtchard M Dunleavy last tour of duty served as Asststant Chtef of Naval Atr Warfare/and
tn Norfolk as Commander Naval Air Force Atlanttc Fleet, representing Hampton Roads Chamber of
Commerce
Congressman Owen Ptckett, representtng Hampton Roads Chamber of Commerce
Spoke tn SUPPORT of Resolution b. (Alternative 4a)
Gordon Wall, 523 General Booth Blvd,
Dorts Me&ate, 1434 Gannet Run 23451, Phone 428-1439
Dr D C Amerastnghe --Congresstonal can&date, 2030 Meadow Lake Court, Norfolk 23518,
Phone 534-549-3450/288-5188
Dr Robert E Young, 665 Fort Raletgh Drive 23451, Phone 428-4758
Mtchelle Pappachrtston, 508 Delaware Avenue 23451, Phone 422-0454, Shadowlawn Restdent
Mona Saferstetn, Board Member of CCAJN (Concerned Ctttzens Agatnst Jet Norse),
748 Vtrgtnta Dare Drtve 23451, Phone 422-0401
Hal Levenson, Foundtng Member of CCAJN, 2004 Brtckell Court, Phone 496-0745
Captatn John Shtck, Chatrman- CCAJN and Member Super Hornet Commtsston,
912 Duke of Suffolk Drtve, Phone 496-414 7
Ktmberly Johnson, Member of CCAJN and Super Hornet Commtsston, 4412 Reynolds Drtve 23455,
Phone 363-3660
Alexander Renee, school teacher, 900 Duke of Suffolk Drtve 23454, Phone 496-3642
Scott Hessell, Rettred Navy, 301 Eastwood, Phone 463-3845
Elatne Levenson, 2004 Brtckell Court, Phone 496-0745
The Mayor tnvtted the Members of the Super Hornet Commtsston to come forward and speak Chairman F
Dudley Fulton, Robert F Atherton, Charles "Gee" Fatson, Jr, Cornell Fuller, Ktmberly I Johnson, Rear
Admtral Fred Metz, Captatn John Schtck, Robert F Sutherland and Stanley Waranch
A MOTION was made by Vtce Mayor Man&go, seconded by Counctlman Wood, to ADOPT Mayor
Oberndorf/ Counctlman Maddox Revtston of the Resolutton endorstng Alternattve 1, as set forth tn
the Draft Environmental Impact Statement for the tntroductton of United States Navy F/A-18 EF
Super Hornet Atrcrafi to the East Coast of the Umted States, wtth an Outlying Landing Fteld, as
the City Council's preferred alternattve
October 1, 2002
Item V-H. 5.
- 26-
ORDINANCES/RESOLUTION ITEM # 50236 (Continued)
A SUBSTITUTE MOTION was made by Counctl Lady McClanan to ADOPT a Resolutton endorstng
Alternative 4A, wtth a new Outlytng Fteld, as set forth tn the Draft Environmental Impact Statement for
the tntroductton of United States Navy F/A-18 EF Super Hornet Atrcrafi to the East Coast of the United
States, as the Ctty Council's preferred alternattve The MOTION FAILED for lack of a Second
Upon motton by Vtce Mayor Man&go, seconded by Counctlman Wood, Ctty Counctl ADOPTED:
(Mayor Oberndorf/ Counctlman Maddox Revtston)
Resolutton endorstng Alternattve 1, as set forth tn the Draft
Environmental Impact Statement for the tntroductton of United
States Navy F/A-18 EF Super Hornet Atrcrafi to the East Coast
of the Untted States, wtth an Outlytng Landtng Fteld, as the Ctty
Counctl's preferred alternattve
Vottng 10-1
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor
Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
October 1, 2002
A RESOLUTION ENDORSING ALTERNATIVE 1, AS SET FORTH IN
THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE
INTRODUCTION OF F/A-18 E/F (SUPER HORNET) AIRCRAFT TO
THE EAST COAST OF THE UNITED STATES, WITH AN OUTLYING
LANDING FIELD, AS THE CITY COUNCIL'S PREFERRED
ALTERNATIVE
WHEREAS, NAS Oceana is the site of the East Coast Master
10 Jet Base at which all of the Navy's F-14 Tomcats and the
11 majority of east coast F/A-18 C/D Hornet aircraft are currently
12 based;
13
14
15
WHEREAS, the City of Virginia Beach has always taken great
pride in being the location at which the Navy's East Coast jet
aircraft are based;
16
WHEREAS, the City of Virginia Beach recognizes the Navy,
17 and in particular, the men and women who have been stationed at
18 NAS Oceana, as outstanding corporate and individual citizens who
19 are honored and vital to our community;
2O
WHEREAS, the Navy intends to replace all of the F-14
21 Tomcats with F/A-18 E/F Super Hornet aircraft, and to that end,
22 has prepared a Draft Envmronmental Impact Statement (DEIS) to
23 evaluate the home basing alternatives for the F/A 18 E/F Super
24 Hornet aircraft;
25
WHEREAS, the aforesaid DEIS considers eight home basing
26 alternatives, among them Alternative 1, under which all ten
27 fleet squadrons and the Fleet Replacement Squadron (FRS) would
28 be stationed at NAS Oceana;
29
WHEREAS, the history of cooperation between the City of
30 Virginia Beach and the Navy demonstrates our mutual recognition
31 of, and concern for, the needs and welfare of each other, as
32 demonstrated by many actions, including, but not limited to, the
33 Navy's constant vigilance in keeping our nation strong and
34 secure; the Navy's sensitivity to the impacts of its operations
35 upon the residents of the City, as shown by the construction of
36 a hush house and adjustment of flight operations so as to lessen
37 the noise impacts upon populated areas; the City's steadfast and
38 unwavering support of the Navy and NAS Oceana; the C~ty's
39 adoption of construction standards requiring noise a~tenua~on
40 in buildings and structures most likely to be zmpacted by les
41 noise; the City's adoption of the Navy's Air In3tallatlon
42 Compatible Uses Zone (AICUZ) Map and of ordinances and zoning
43 regulations implementing measures to reduce the adverse impacts
44 of jet noise; and the City's adoption of an ordinance requirzng
45 disclosure in proposed real estate transactions of the location
46 of property in Noise and Accident Potential Zones;
47
WHEREAS, the implementation of Alternative 1 by home basing
48 all of the East Coast Super Hornet squadrons at NAS Oceana, with
49 an Outlying Landing Field (OLF) at a location to be determined
50 by the Navy, would provide the best economic benefits to the
51 City and the Hampton Roads region, would allow the taxpayers of
52 the United States to avoid the expenditure of millions of
53 dollars for the construction of necessary facilities at other
54 potential home bases; and would allow the naval and civilian
55 personnel assigned to the Super Hornet squadrons, and their
56 families, to enjoy the high quality of life offered in the City
57 and region;
58
WHEREAS, the Navy has indicated its willingness to enhance
59 the level of cooperation and coordination between it and the
60 City; and
61
WHEREAS, it is the sense of the City Council that enhancing
62 the level of proactive cooperation and coordination between the
63 City and the Navy, by means of a more formalized process than
64 has been utilized to date, presents an important opportunity for
65 avoiding conflicts and adverse impacts on both the Navy and the
66 citizens of the City.
67
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
68 CITY OF VIRGINIA BEACH, VIRGINIA:
69
That the Secretary of the Navy is requested to select
70 Alternative 1 from the DEIS on the East Coast placement of the
71 Super Hornet aircraft if an additional fully capable Outlying
72 Landing Field (OLF) is constructed. The goal of the new (OLF)
73 being to reduce the impacts at Fentress and Oceana from all
74 operations to those of Alternative 4A in the DEIS. Alternative
75 1 would place 10 fleet squadrons and the Fleet Replacement
76 Squadron at Oceana Naval Air Station; and,
77
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
78 VIRGINIA BEACH, VIRGINIA:
79
That the Navy is encouraged to re-examine options within
80 Virginia for an OLF and if unsuccessful, the Washington County,
81 North Carolina site should be developed no later than 2008. The
82 fully capable site shall include refueling capabilities so that
83 the majority of Field Carrier Landing Practice (FCLP) and other
84 operations could take place there.
85
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
86 VIRGINIA BEACH, VIRGINIA:
87
1. That the City Manager shall establish a Naval
88 Relations Task Force (hereinafter the "Task Force"), which shall
89 regularly and as frequently as is necessary or appropriate, meet
90 with senior representatives of the Navy for purposes of
91 proactively evaluating land use, environmental, noise,
92 operational and other issues arising from Naval operations, and
93 fostering enhanced relations between the Navy and the City of
94 Virginia Beach;
95
2. The Task Force shall consist of the City Manager and
96 designated staff. The mayor and a council member designated by
97 the City Council will serve as liaisons between the City
98 Council, the Task Force and the Navy;
99
3. That the City Manager shall report the issues
100 considered by the Task Force and its findings and
101 recommendations regarding such issues to the City Council
102 regularly as needed; and
103
4. That the City Council shall give careful and mature
104 consideration to such findings and recommendations and shall, to
105 the extent practicable and appropriate, endeavor to implement
106 them in such manner as will best accommodate the respective
107 needs of the Navy and citizens of the City.
108
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
109 VIRGINIA BEACH, VIRGINIA:
110
That it being the sense of the City Council that the
111 opportunity for close cooperation between the City and the Navy
112 would be enhanced by the Navy's establishment of a similar body
113 having duties and responsibilities which are reciprocal and
114 complementary to those of the Task Force to be established by
115 the City Manager, the United States Navy is hereby respectfully
116 asked to establish a body similar in nature to the Task Force,
117 and should include individuals in the Navy command structure
118 that have authority over aircraft operations, and charge it with
119 working collaboratively with the Task Force to minimize impacts
120 by Naval operations upon the citizens of Virginia Beach.
121 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
122 VIRGINIA BEACH, VIRGINIA'
123
That the Navy is requested to utilize the 1999 AICUZ map
124 adopted by the City Council in 1998 for comparison purposes
125 rather than the "2000 Base Map" in the DEIS.
126
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
127 VIRGINIA BEACH, VIRGINIA-
128
That the City Clerk is hereby directed to forward a
129 certified copy of this Resolution to the Office of the Secretary
130 of the Navy and to each of the City's elected representatives to
131 the United States Congress.
132
133
Adopted by the City Council of the City of Virginia Beach,
134 Virginia on this 1st day of October, 2002.
135
136
137
138
139
CA-8634
Noncode/hornetmaddox2. res. wpd
R-3
October 1, 2002
Item V-I 1
-27-
APPOINTMENTS
ITEM # 5023 7
B Y CONSENSUS, Ctty Council RESCHEDULED the following APPOINTMENT:
PARKS AND RECREATION COMMISSION
October 1, 2002
Item V-J. 2.
- 28-
APPOINTMENTS
ITEM # 50238
Upon NOMINATION by Counctlman Vtllanueva, Ctty Council APPOINTED
Dale Tyree
Unexpired thru 8/31/04
CHESAPEAKE BAY PRESER VA TION AREA BOARD
Vottng 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 1, 2002
Item V-I. 3.
- 29 -
APPOINTMENTS
ITEM # 50239
Upon NOMINATION by Council Lady Wtlson and Vice Mayor Man&go, Ctty Counctl
APPOINTED
REAPPOINTED:
Marjorie B. Swallie
Ann B. Simpson
2 year term
11/1/02 - 10/31/04
HISTORICAL RE VIEW BOARD
Vottng 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wilson and James L Wood
Counctl Members Voting Nay
None
Council Members Absent
None
October I, 2002
Item V-I. 4.
- 30-
APPOINTMENTS
ITEM # 50240
Upon NOMINATION by Vtce Mayor Mandtgo, Ctty Counctl REAPPOINTED
Ruth M. Barco
Mary L. Denny
Jeffrey A. Sachs
3 year term
9/1/02 - 8/31/05
PUBLIC LIBRARY BOARD
Vottng 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 1, 2002
Item V-L.
ADJOURNMENT
- 31 -
ITEM # 50241
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 9:06 P.M.
Chtef Deputy Ctty Clerk
C~ty Clerk
Meyera E Oberndorf
Mayor
Czty of Vtrgtnta Beach
Vtrgtnta
October I, 2002